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HomeMy WebLinkAbout2023-10-17 - Agenda With Final Results - ArchiveVacant Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting October 17, 2023 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 17, 2023 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. Roll Call. Pledge of Allegiance. Mayor's Announcements, Proclamations and Recognitions: None. City Council Meeting Presentations, Reports, and Discussion Items: None. Proposed Agenda Additions: None. A. Consent: 1. Approval of the October 3, 2023 City Council Meeting Minutes. (2023-566) APPROVED. 2. Northwest Arkansas Regional Planning Commission (Membership Renewal): A Resolution to authorize the City's continued membership in the Northwest Arkansas Regional Commission through 2028 and to approve the payment of membership dues for 2024 in the amount of $79,856.65. (2023-1127) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.216-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 3. Drivers Select (Service Contract): A Resolution to waive competitive bidding and authorize a contract with Drivers Select, INC. for CDL Drivers on an as -needed basis through December 15, 2025. (2023-1131) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 217-23. 4. Hiring NWA (Service Contract): A Resolution to waive the requirements of competitive bidding and authorize a contract with Hiring NWA, LLC for CDL Drivers on an as -needed basis through December 15, 2025. (2023-1139) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.218-23. 5. Crossland Heavy Contractors, INC. (BA Correction): A Resolution to approve a budget adjustment for the Midtown Corridor Project Phase Two — 2019 Trails Bond Project. (2023-1170) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.219-23. 6. Benchmark Construction of NWA, INC (Change Order No. 4): A Resolution to approve Change Order No. 4 with Benchmark Construction of NWA, INC. in the amount of $23,351.20 for work associated with the Nelson Hackett Boulevard Improvements Project, and to approve a budget adjustment. (2023-1089) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.220-23. 7. Ingram Micro, Inc. (Service Contract): A Resolution to approve a three year renewal of the City's Nutanix Server Software License for the Noland and West Side Water Resource Recovery Facilities with Ingram Micro Inc. for the total amount of $63,732.11 plus applicable taxes, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment. (2023-1088) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.221-23. Mcclelland Consulting Engineers, Inc. (Amendment No. 3): A Resolution to approve Amendment No. 3 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the total amount of $1,446,340.00 for final engineering design for the West Corridor Water Transmission Line Project, and to approve a budget adjustment. (2023-1133) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 9. Side Path on Wedington Drive (ARDOT Cost Share): A Resolution to approve a payment to the Arkansas Department of Transportation in the amount of $45,437.00 to construct a 10 foot wide shared use paved trail along the North side of Wedington Drive from Steamboat Drive to Salem Road, to approve a project contingency in the amount of $25,000.00, and to approve a budget adjustment. (2023-1128) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-23. 10. Playcore Wisconsin, Inc. (Purchase Agreement): A Resolution to approve the purchase of batting cages for the Gary Hampton Softball Complex from Playcore Wisconsin, Inc. D/B/A Gametime in the amount of $168,727.72, pursuant to an Omnia Partners Cooperative Purchasing Agreement, to approve a project contingency in the amount of $8,440.00, and to approve a budget adjustment. (2023-1140) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.224-23. 11. Titan Lawn & Landscape, LLC (Contract Amendment No. 2): A Resolution to approve Amendment No. 2 to the contract with Titan Lawn and Landscape, LLC to increase payments for the 2024 Renewal Period by 4.5% and to increase payments for future renewals by 3%. (2023-1167) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-23. 12. Evans Construction and Remodeling, LLC (Change Order #1): A Resolution to approve Change Order No. 1 with Evans Construction and Remodeling, LLC in the amount of $8,775.00 for additional construction associated with the Wilson Park Historic Structures Roofing Project. (2023-1142) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.226-23. 13. 911 Equipment Lease with Washington County (Resolution): A Resolution to approve a payment to Washington County for reimbursement of costs for leased 911 equipment in the amount of $220,000.00 and maintenance costs of up to $99,000.00. (2023-1130) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.227-23. 14. Justice Assistance Grant (Grant Award): A Resolution to authorize acceptance of the 2023 Justice Assistance Grant Local Solicitation Grant Award in the amount of $85,805.00 to provide funding for law enforcement training, equipment, and supplies, and to approve a budget adjustment. (2023-1135) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov B. Unfinished Business: Raze and Removal of Structure at 2860 E. Wyman Rd: A Resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 East Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00. For Item History from 0710512022 through 0612012023 contact the City Clerk's Office. At the 0612012023 City Council Meeting this item was tabled until the 10/1712023 City Council Meeting. (2022-191) AT THE OCTOBER 17, 2023 CITY COUNCIL MEETING, THIS ITEM WAS TABLED INDEFINITELY. 2. Misty Simpson (Water Damage Claim): A Resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to Pay the amount of $50,000.00 to Misty Simpson for a water damage claim arising at 2425 East Sharon Street. (2023-962) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.229-23. 3. 2024 Millage Levy (Ordinance): An Ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2023 fixing the rate thereof at 2.3 mills for general fund operations, 0.4 mills for the Firemen's pension and relief fund, 0.4 mills for the Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. At the October 3, 2023 City Council Meeting, this item was left on the First Reading. (2023-1123) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6693. C. New Business: Parti Investments, LLC (Condemnation): A Resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Parti Investments, LLC needed for the Highway 71B Corridor Project. (2023-1141) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.230-23. 2. West Water Transmission Main (Condemnations): A Resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by individuals needed for the West Transmission Water Main Project, and to approve a budget adjustment. (2023-1168) PASSED AND SHALL BE RECORDED AS RESOLUTION NO.231-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 3. Deputy Clerk — Communications (FTE-1): A Resolution to authorize a full-time position (FTE- 1) — Deputy Clerk — Communications Position, in the City Clerk Treasurer's Office. (2023-1137) AT THE OCTOBER 17, 2023 CITY COUNCIL MEETING, THIS ITEM WAS TABLED INDEFINITELY. 4. Fayetteville Youth Advisory Council (Ordinance): An Ordinance to enact Article XXVI Fayetteville Youth Advisory Council in the §33 Departments, Boards, Commissions and Authorities of the Fayetteville Code. (2023-1134) PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6694. 5. Reindl Properties, INC. (Purchase Contract): A Resolution to authorize the Mayor to sign a Real Estate Purchase Contract with Reindl Properties, INC. for the sale of approximately 0.5 acres of City Property in the South End of the Civic Plaza for the amount of $1,247,455.00. (2023-1171) AT THE OCTOBER 17, 2023 CITY COUNCIL MEETING, THIS ITEM WAS TABLED TO THE NOVEMBER 7, 2023 CITY COUNCIL MEETING. 6. Vacation-2023-0010: (33 E 4t'./Berquist, 523): An Ordinance to approve VAC 23-010 for property located at 33 East 4th Street in Ward 1 to vacate a 0.19 acre portion of utility easement. (2023-1169) PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6695. 7. Vacation-2023-0008: (4089 N. Shiloh Dr/Claude Shiloh LLC, 135): An Ordinance to approve VAC 23-008 for property located at 4089 North Shiloh Drive in Ward 3 to vacate three utility easements totaling 0.36 acres. (2023-1164) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6696. 8. Vacation-2023-0009: (280 E 12th Street/FHA Development, 563): An Ordinance to approve VAC 23-009 for property located at 280 East 12th Street in Ward I to vacate a portion of alley right-of-way. (2023-1158) PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6697. 9. Rezoning-2023-0025: (524 S. Willow Ave./BWB Willow LLC, 524): An Ordinance to rezone the property described in rezoning petition RZN 2023-025 for approximately 0.22 acres located at 524 South Willow Avenue in Ward 1 from NC, Neighborhood Conservation to DG, Downtown General. (2023-1138) AT THE OCTOBER 17, 2023 CITY COUNCIL MEETING, THIS ITEM WAS LEFT ON THE FIRST READING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 10. Appeal-CUP-2023-0096: (426 N. Oliver Ave/Hogtailing Holdings LLC, 482): A Resolution to grant the appeal of Council Members Scott Berna, Sarah Bunch and D'andre Jones and approve a conditional use Permit Cup 2023-0096 for a short-term rental at 426 North Oliver Avenue. (2023-1132) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-23. 11. ARPA RFP 23-12 Recipient Selection (Resolution): A Resolution to authorize Mayor Jordan to sign a Subrecipient Agreement with , pursuant to RFP 23-12, in the amount of for a project to address Housing Instability in Fayetteville. (2023-1176) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-23. D. City Council Agenda Session Presentations: 1. RFP 23-12, Interviews — Steven Dotson, Becci Sisson, Allison Quinlan E. City Council Tour: None. F. Announcements: None. G. Adjournment: 12:50 AM. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting: October 17, 2023 Adjourn: f ZZ SO Res. 216-23 ,�►,,M Ord: 6693 Subject: ROLL Turk (W4P1) Hertzberg (W4P2) j Vacant (W1P1) Jones �l 5: 31 P(Y? (W1P2) /l Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) �jL( Mayor Jordan D 0 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: CONSENT Motion To: Motion By: Seconded:1-1 0 A. IV A. 2 aib-a3 Turk (W4P1) U A.39,0-o'l3 A. 4 a'(l (�-2l Hertzberg (W4P2) ✓ A.5**'%,1q-a3 A.6 Vacant (W1P1) A. 7XX I -' � A.8qiq3L-a$ Jones (W1P2) A.9d-n-a5 A. 10a q- �j Moore (W2P1) A. I I99 S-a7o A. 12,E -9j Wiederkehr (W2P2) A. 139.2- 5 A. 14 ! -Q� Berna (W3P1) / ✓ , Bunch (W3P2) / Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1P2) Moore (W2Pl) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD: Subject: 2022-191 Motion To: Motion By: Seconded: Turk Unfinished (W4P1) Hertzberg Business (W4P2) Vacant B.1 (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr / ✓ (W2P2) Berna. (W3P1) Bunch (W3P2) Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P2) Berna. (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: MISTY SIMPSON (WATER DAMAGE CLAIM): 2023-962 Motion To: 10D OOO Motion By: Seconded: Turk Unfinished (W4P1) Hertzberg / ✓ J Business (W4P2) Vacant B.2 (W1P1) Jones (W 1 P2) Moore W2P1) / ✓ Wiederkehr ✓ (W2P2) Berna J (W3P1) (W3P V Bunch / (W3P2) ✓ ✓ Mayor Jordan fry / — (./ (�'?' C) Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 % , u,,,Ance Subject: 2024 MILLAGE LEVY (ORDINANCE): 2023- 12 1 Motion To: Motion By: c� AAA Seconded: — J� U �— Turk U / ✓ Unfinished (W4P1) Hertzberg Business (W4P2) Vacant B.3 (W1P1) Jones (W 1 P2) Moore / ✓ (W2P1) V Wiederkehr / ✓ (W2P2) Berna (W3P (W3P1) V Bunch / ✓ (W3P2) Mayor Jordan f' Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Resolution Subject: PARTI INVESTMENTS, LLC (CONDEMNATION): 2023-1141 Motion To: Motion By: Seconded: Turk -.-Jt4A New (W4P1) Hertzberg / Business (W4P2) ✓ Vacant C.1 (W1P1) Jones (W1P2) Moore (W2P1) W iederkeh r (W2P2) Berna J (W3P1) Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: WEST WATER TRANSMISSION MAIN (CONDEMNATIONS): 2023-1168 Motion To: C� Motion By: Seconded: Turk New (W4P1) Hertzberg / ✓ Business (W4P2) Vacant J C. 2 (W1P1) Jones (Wl P2) Moore f ✓ a� (W2P1) Wiederkehr ✓ j ✓ (W2P2) Berna / ✓ (W3P1) Bunch (W3P2) Mayor Jordan r? -D r7-© Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: DEPUTY CLERK - COMMUNICATIONS (FTE-1): 2023-1137 Motion To: Motion By: U� Seconded: Turk ` New (W4P1) V Hertzberg Business (W4P2) ✓ Vacant C.3 (W1P1) Jones jj�l (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch / (W3P2) ✓ Mayor Jordan �— Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2Pl) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Ordinance Subject: FAYETTEVILLE YOUTH ADVISORY COUNCIL (ORDINANCE): 2023-1134 Motion To: Motion By: Seconded: U Turk New (W4P1) Hertzberg / ✓ ✓ ✓ Business (W4P2) Vacant -- C.4 (W1P1) /f Jones / (W1P2) Moore ✓ J 6bC[q (W2P1) Wiederkehr / ✓ / ✓ (W2P2) Berna / (W3P3P1) Bunch / ✓ ✓ (W3P2) Mayor Jordan f- Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Resolution Subject: REINUL PROPERTIES, INC. (PURCHASE CONTRACT: 20-3-1 171 n 4-17 Motion To: 0 � .J(.� �7� 'r n2 A ` /dam J LC ,n Motion By:-&d 1n Seconded: n Turk / New (W4P1) /f V/ Hertzberg 1W4f1CA~f / Business (W4P2) �// Vacant C.5 (W1P1) Jones (W1P2) (� Moore (W2P1) Wiederkehr 1 \ (W2P2) Berns (W3Pl) \ \ Bunch (W3P2) \ Mayor Jordan ` ��- (9-1 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: VACATION-2023-0010: (33 E. 4TH ST.BERQUIST, 523): 2023-1169 Motion To: Motion By: inn A -- Seconded: Turk New (W4P1) Hertzberg ✓ Business (W4P2) Vacant C.6 (W1P1) Jones ✓ (Wl P2) I Moore ! / hb (W2P1) �/ Wiederkehr (W2P2) Berna / ✓ (W3P (W3P1) Bunch / ✓ ✓ (W3P2) Mayor Jordan r7 - 0 "*? -6) ? - 0 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 dinance Subject: VACATION-2023-0008: (4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): 2023-1164 Motion To: Motion By: Seconded: New Turk (W4P1) / ✓ Business Hertzberg (W4P2) / ✓ Vacant C.7 (W1P1) Jones ' (WI P2) �/ �(Oo0 Moore (W2P1) / ✓ Wiederkehr (W2P2) V Berna (W3P1) / ✓ I Bunch / ✓ f ✓ (W3P2) Mayor Jordan�- `T icy 7l0 7l o Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Ordinance Subject: VACATION-2023-0009: (280 E 12TH STREET/FHA DCELOPNIF , 563): 'U�tl 2023-1158 Motion To: ��. to cad.. (= a f✓ Motion By: Seconded: v Turk f / New (W4P1) / Hertzberg ✓ ✓ Business (W4P2) Vacant �iyjGti� � / C. 8 (W1P1) l Jones 1P2) Moore \ / b"l (W2P1) Wiederkehr \ (W2P2) Berns ✓ ✓ (W3P1) Bunch ✓ (W3P2) Mayor Jordan \ \ ---------- Subject: C ('&A,6 " Motion To: �Ad ,/) / A it Motion By: Seconded: U ------ Turk (W4P1) / ✓ ,� Hertzberg ✓ (W4P2) Vacant (W1P1) - Jones (W 1 P2) Moore (W2P1) Wiederkehr / (W2P2)Berna J J (W3P1) (W3P Bunch / (W3P2) ✓ Mayor Jordan n I-e) n_I-) City Council Meeting: October 17, 2023 Ord REZONING-2023-0025: (524 S. WILLOW AVE.BWB WILLOW LLC, 524): Subject: 2023-1138 Motion To: Motion By: Seconded: Turk New (W4P1) Hertzberg Business (W4P2) Vacant C.9 (W1P1) Jones �Q\ (W1P2) \ Moore (W2P1) \7j Wiederkehr (W2P2) `O`-) Berna (W3P1) Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2Pl) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Resolution APPEAL - CUP-2023-0096: (426 N. OLIVER AVEMOGTAILING HOLDINGS Subject: LLC, 482): 2023-1132 Motion To: Motion By: , Seconded: Turk New (W4P1) Hertzberg Business (W4P2) Vacant C.10 (W1P1) ��— Jones (W 1 P2) y, Moore (W2P1) 0` Wiederkehr (W2P2) ✓ Berna / (W3P1) ✓ Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Vacant (W1P1) Jones (W 1 P2) Moore (W2Pl) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: October 17, 2023 Subject: ARPA RFP 23-12 RECIPIENT SELECTION (RESOLUTION): 2023-1176 Amex,& Rt.. 11 —v:l c� k�A\ s Motion To: 1, l Motion By: Seconded: MbocL� ��Q C Turk New (W4P1) Hertzberg Business (W4P2) V Vacant _ C.11 (W1P1) Jones (W1 P2) Moore (W2P1) / ✓ "w �J Wiederkehr (W2P2) I/ Berna (W3P1) Bunch (W3P2) Mayor Jordan 7 J C7 I l-. Subject: Motion To: Motion By: Seconded: Turk (W4Pl) Hertzberg (W4P2) Vacant (W1P1) Jones (W1P2) Moore (W2P1) Wiederkehr (W2P2) Berna (W3P1) Bunch (W3P2) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, October 10, 2023 4:30 PM City Hall Room 219 City Council Members Vacant Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Citv Council Meeting Tentative Agenda October 10, 2023 ZOOM INFORMATION: WEBINAR ID: 814 9871 6976 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US[WEBINAR/REGISTER/ WN KQBYPJ2FQXMMUK1MZP9M2A CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE OCTOBER 3, 2023 CITY COUNCIL MEETING MINUTES: (2023-566) A.2. NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION (MEMBERSHIP RENEWAL): A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 (2023-1127) A.3. DRIVERS SELECT (SERVICE CONTRACT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023-1131) /A.4. HIRING NWA (SERVICE CONTRACT): A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023- i 1139) A.5. CROSSLAND HEAVY CONTRACTORS, INC. (BA CORRECTION): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO - 2019 TRAILS BOND City of Fayetteville, Arkansas page 2 Citv Council Meetine Tentative Agenda October 10, 2023 PROJECT (2023-1170) A.6. BENCHMARK CONSTRUCTION OF NWA, INC. (CHANGE ORDER NO. 4): A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE NELSON HACKETT BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1089) A.7. INGRAM MICRO, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1088) A.8. MCCLELLAND CONSULTING ENGINEERS, INC. (AMENDMENT NO. 3): A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $1,446,340.00 FOR FINAL ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1133) A.9. SIDE PATH ON WEDINGTON DRIVE (ARDOT COST SHARE): A RESOLUTION TO APPROVE A PAYMENT TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $45,437.00 TO CONSTRUCT A 10 FOOT WIDE SHARED USE PAVED TRAIL ALONG THE NORTH SIDE OF WEDINGTON DRIVE FROM STEAMBOAT DRIVE TO SALEM ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1128) ' A.10. PLAYCORE WISCONSIN, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF BATTING CAGES FOR THE GARY HAMPTON SOFTBALL COMPLEX FROM PLAYCORE WISCONSIN, INC. D/B/A GAMETIME IN THE AMOUNT OF $168,727.72, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING AGREEMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,440.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1140) A.11. TITAN LAWN & LANDSCAPE, LLC (CONTRACT AMENDMENT NO. 2): A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC TO INCREASE PAYMENTS FOR THE 2024 RENEWAL PERIOD BY 4.5%, AND TO INCREASE PAYMENTS FOR City of Fayetteville, Arkansas page 3 Citv Council Meeting Tentative Asenda October 10, 2023 FUTURE ANNUAL RENEWALS BY 3% (2023-1167) A.12. EVANS CONSTRUCTION AND REMODELING, LLC (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 WITH EVANS CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF $8,775.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WILSON PARK HISTORIC STRUCTURES ROOFING PROJECT (2023-1142) ,' A.13. 911 EQUIPMENT LEASE WITH WASHINGTON COUNTY (RESOLUTION): A RESOLUTION TO APPROVE A PAYMENT TO WASHINGTON COUNTY FOR REIMBURSEMENT OF COSTS FOR LEASED 911 EQUIPMENT IN THE AMOUNT OF $220,000.00 AND MAINTENANCE COSTS OF UP TO $99,000.00 (2023-1130) A.14. JUSTICE ASSISTANCE GRANT (GRANT AWARD): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1135) B. UNFINISHED BUSINESS B.1. RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY LEROY H. SCHARFENBERG LOCATED AT 2860 EAST WYMAN ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $17,800.00 (2022-191) FOR ITEM HISTORY FROM 07/05/2022 THROUGH 06/20/2023 CONTACT THE CITY CLERK'S OFFICE. AT THE 06/20/2023 CITY COUNCIL MEETING THIS ITEM WAS TABLED UNTIL THE 10/17/2023 CITY COUNCIL MEETING. B.2. MISTY SIMPSON (WATER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET (2023-962) AT THE 08/15/23 CITY COUNCIL MEETING THIS ITEM WAS TABLED TO THE 10/17/23 CITY COUNCIL MEETING. City of Fayetteville, Arkansas page 4 City Council Meeting Tentative Agenda October 10, 2023 Y B.3. 2024 MILLAGE LEVY (ORDINANCE): • AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2023 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND d n-� OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS AND 1.2 MILLS n� FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS (2023-1123) L� AT THE OCTOBER 3 202 CITY 3 C COUNCIL MEETING, THIS ITEM WAS LEFT ON THE FIRST READING. C. NEW BUSINESS Y CA. PARTI INVESTMENTS, LLC (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71 B CORRIDOR PROJECT (2023-1141) j C.2. WEST WATER TRANSMISSION MAIN (CONDEMNATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1168) V C.3. DEPUTY CLERK - COMMUNICATIONS (FTE-1): A RESOLUTION TO AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE (2023-1137) �( CA. FAYETTEVILLE YOUTH ADVISORY COUNCIL (ORDINANCE): AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE (2023-1134) JC.5. REINDL PROPERTIES, INC. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0.5 ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $1,247,455.00 (2023-1171) City of Fayetteville, Arkansas page 5 Citv Council Meeting Tentative Agenda October 10.2023 VC.6. VACATION-2023-0010: (33 E. 4TH ST./BERQUIST, 523): AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT (2023-1169) V C.7. VACATION-2023-0008: (4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES (2023-1164) C.8. VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOPMENT, 563): AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY (2023-1158) C.9. REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC, 524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL (2023-1138) C.10. APPEAL - CUP-2023-0096: (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023-0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE (2023-1132) ' C.11. ARPA RFP 23-12 RECIPIENT SELECTION (RESOLUTION): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH , PURSUANT TO RFP 23-12, IN THE AMOUNT OF FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE (2023-1176) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.I. RFP 23-12, INTERVIEWS - STEVEN DOTSON, BECCI SISSON, ALLISON QUINLAN E. CITY COUNCIL TOUR City of Fayetteville, Arkansas page 6 City Council Meeting Tentative Agenda October 10, 2023 F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 7 10loL�tzow's Ipw- City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, October 10, 2023 4:30 PM City Hall Room 219 City Council Members Vacant Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Tentative Agenda October 10, 2023 ZOOM INFORMATION: WEBINAR ID: 814 9871 6976 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.USIWEBiNAR/REGISTER/ WN KQBYPJ2FQXMMUK1 MZP9M2A CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT ✓ A.I. APPROVAL OF THE OCTOBER 3, 2023 CITY COUNCIL MEETING MINUTES: (2023-566) vA.2. DRIVERS SELECT (SERVICE CONTRACT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023-1131) PETER NIERENGARTEN VA'.3. HIRING NWA (SERVICE CONTRACT): A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023- 1139) PETER NIERENGARTEN A.4. MIDTOWN CORRIDOR PHASE 2 (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO (2023-1170) A,�A CHRIS BROWN Cll ` c_,ro GcoSS` Ir�c c•�,( Co�,� ��as 7T_� c. City of Fayetteville, Arkansas page 2 Pco jc�� Citv Council Meetins Tentative Agenda October 10, 2023 -A:S: PARTI INVESTMENTS, LLC (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71 B CORRIDOR PROJECT (2023-1141) MC>vC- -�ro Eau--.) sc��sS CHRIS BROWN ,A:6. BENCHMARK CONSTRUCTION OF NWA, INC. (CHANGE ORDER 4): 4-S A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE ARCHIBALD YELL BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1089) CHRIS BROWN ,A--r WEST WATER TRANSMISSION MAIN (CONDEMNATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1168) TIM NYLANDER A:8- INGRAM MICRO, INC. (SERVICE CONTRACT): P` G A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1088) TIM NYLANDER A:97 _ MCCLELLAND CONSULTING ENGINEERS, INC. (AMENDMENT NO. 3): A--7 A RESOLUTION TO APPROVE AMENDMENT NO.3 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $1,446,340.00 FOR FINAL ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1133) TIM NYLANDER City of Fayetteville, Arkansas page 3 C its C ouncil Nlcoin-� Tentative Agenda October 10, 2023 _X15. JUSTICE ASSISTANCE GRANT (GRANT AWARD): A.l3 A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1135) CHIEF MIKE REYNOLDS B. UNFINISHED BUSINESS B.1. RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY LEROY H. SCHARFENBERG LOCATED AT 2860 EAST WYMAN ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $17,800.00 (2022-191) FOR ITEM HISTORY FROM 07/05/2022 THROUGH 06/20/2023 CONTACT THE CITY CLERK'S OFFICE. ll �crcc} ��.,•c� �occrc.�S AT THE 06/20/2023 CITY COUNCIL MEETING THIS ITEM WAS TABLED UNTIL THE 10/17/2023 CITY COUNCIL MEETING. BILLY BRYANT B.2. MISTY SIMPSON (WATER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET (2023-962) AT THE AUGUST 15, 2023 CITY COUNCIL MEETING THIS ITEM WAS TABLED TO THE OCTOBER 17, 2023 CITY COUNCIL MEETING. TIM NYANDER N1 M -\` G� City of Fayetteville, Arkansas page 5 Citv Council MeetinLj Tentative Agenda October 10, 2023 C. NEW BUSINESS C.1. DEPUTY CLERK -COMMUNICATIONS (FTE-1): A RESOLUTION TO AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE AND TO APPROVE A BUDGET ADJUSTMENT (2023-1137) KARAPAXTON V`6`1 FAYETTEVILLE YOUTH ADVISORY COUNCIL (ORDINANCE): AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE (2023-1134) COUNCIL MEMBER JONES C.3. REINDL PROPERTIES, INC. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0.5 ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $1,247,455.00 (2023-1171) WADE ABERNATHY ,C4' NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION (MEMBERSHIP RENEWAL): A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 (2023-1127) JONATHAN CURTH .jC:5: REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC, 524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL (2023-1138) JONATHAN CURTH mc>_ — G' City of Fayetteville, Arkansas page 6 Citv Council Meeting Tentative Agenda October 10, 2023 .,G:6. VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOPMENT, 563): C8 AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TIl STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY (2023-1158) Moves �- G,g ✓C.7. VACATION-2023-0008: (4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES (2023-1164) ,:C.8. VACATION-2023-0010: (33 E. 4TH ST./BERQUIST, 523): 6.6 AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT (2023-1169) -G ..9: APPEAL - CUP-2023-0096: (426 N. OLIVER AVE/HOGTAILING HOLDINGS C.�o LLC, 482): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023-0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE (2023-1132) "N IN%"ZR- PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.I. RFP 23-12, INTERVIEWS - STEVEN DOTSON, BECCI SISSON, ALLISON QUINLAN E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 7 lil OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Mayor Jordan Blake Pennington Assistant City Attorney THRU: Kara Paxton, City Clerk % Jodi Batker FROM: Kit Williams, City Attorney Paralegal DATE: — __ _ DATE: October 18, 2023 RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of October 17, 2023 1. A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 2. A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 3. A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 4. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO - 2019 TRAILS BOND PROJECT 5. A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE NELSON HACKETT BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT 6. A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 7. A RESOLUTION TO APPROVE A PAYMENT TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $45,437.00 TO CONSTRUCT A 10 FOOT WIDE SHARED USE PAVED TRAIL ALONG THE NORTH SIDE OF WEDINGTON DRIVE FROM STEAMBOAT DRIVE TO SALEM ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 8. A RESOLUTION TO APPROVE THE PURCHASE OF BATTING CAGES FOR THE GARY HAMPTON SOFTBALL COMPLEX FROM PLAYCORE WISCONSIN, INC. D/B/A GAMETIME IN THE AMOUNT OF $168,727.72, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING AGREEMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,440.00, AND TO APPROVE A BUDGET ADJUSTMENT 9. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC TO INCREASE PAYMENTS FOR THE 2024 RENEWAL PERIOD BY 4.5%, AND TO INCREASE PAYMENTS FOR FUTURE ANNUAL RENEWALS BY 3% 10. A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 WITH EVANS CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF $8,775.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WILSON PARK HISTORIC STRUCTURES ROOFING PROJECT 11. A RESOLUTION TO APPROVE A PAYMENT TO WASHINGTON COUNTY FOR REIMBURSEMENT OF COSTS FOR LEASED 911 EQUIPMENT IN THE AMOUNT OF $220,000.00 AND MAINTENANCE COSTS OF UP TO $99,000.00 12. A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT 13. A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $100,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET 14. AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2023 FIXING THE RATE THEREOF AT 2.2 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS 2 15. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71B CORRIDOR PROJECT 16. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT 17. AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE 18. AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT 19. AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES 20. AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY 21. A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023-0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE 22. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH SEVEN HILLS HOMELESS CENTER, PURSUANT TO RFP 23-12, IN THE AMOUNT OF $1.63 MILLION, FOR A PROJECT TO ADDRESS HOUSING INSTABILITY 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, October 17, 2023 5:30 PM City Hall Room 219 City Council Members Vacant Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Final Agenda October 17, 2023 ZOOM INFORMATION: 1. WEBINAR: 848 4474 0074 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN M4B2R2H6TTCMJ6501SJ7GG CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE OCTOBER 3, 2023 CITY COUNCIL MEETING MINUTES: (2023-566) A.2. NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION (MEMBERSHIP RENEWAL): A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 (2023-1127) A.3. DRIVERS SELECT (SERVICE CONTRACT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023-1131) A.4. HIRING NWA (SERVICE CONTRACT): A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023- 1139) A.5. CROSSLAND HEAVY CONTRACTORS, INC. (BA CORRECTION): City of Fayetteville, Arkansas page 2 City Council Meeting Final Agenda October 17, 2023 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO - 2019 TRAILS BOND PROJECT (2023-1170) A.6. BENCHMARK CONSTRUCTION OF NWA, INC. (CHANGE ORDER NO. 4): A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE NELSON HACKETT BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1089) A.7. INGRAM MICRO, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1088) A.8. MCCLELLAND CONSULTING ENGINEERS, INC. (AMENDMENT NO. 3): A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $1,446,340.00 FOR FINAL ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1133) A.9. SIDE PATH ON WEDINGTON DRIVE (ARDOT COST SHARE): A RESOLUTION TO APPROVE A PAYMENT TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $45,437.00 TO CONSTRUCT A 10 FOOT WIDE SHARED USE PAVED TRAIL ALONG THE NORTH SIDE OF WEDINGTON DRIVE FROM STEAMBOAT DRIVE TO SALEM ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1128) A.10. PLAYCORE WISCONSIN, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF BATTING CAGES FOR THE GARY HAMPTON SOFTBALL COMPLEX FROM PLAYCORE WISCONSIN, INC. D/B/A GAMETIME IN THE AMOUNT OF $168,727.72, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING AGREEMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,440.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1140) A.11. TITAN LAWN & LANDSCAPE, LLC (CONTRACT AMENDMENT NO. 2): A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT City of Fayetteville, Arkansas page 3 City Council Meeting Final Agenda October 17, 2023 WITH TITAN LAWN AND LANDSCAPE, LLC TO INCREASE PAYMENTS FOR THE 2024 RENEWAL PERIOD BY 4.5%, AND TO INCREASE PAYMENTS FOR FUTURE ANNUAL RENEWALS BY 3% (2023-1167) A.12. EVANS CONSTRUCTION AND REMODELING, LLC (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 WITH EVANS CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF $8,775.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WILSON PARK HISTORIC STRUCTURES ROOFING PROJECT (2023-1142) A.13. 911 EQUIPMENT LEASE WITH WASHINGTON COUNTY (RESOLUTION): A RESOLUTION TO APPROVE A PAYMENT TO WASHINGTON COUNTY FOR REIMBURSEMENT OF COSTS FOR LEASED 911 EQUIPMENT IN THE AMOUNT OF $220,000.00 AND MAINTENANCE COSTS OF UP TO $99,000.00 (2023-1130) A.14. JUSTICE ASSISTANCE GRANT (GRANT AWARD): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1135) B. UNFINISHED BUSINESS B.1. RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY LEROY H. SCHARFENBERG LOCATED AT 2860 EAST WYMAN ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $17,800.00 (2022-191) FOR ITEM HISTORY FROM 07/05/2022 THROUGH 06/20/2023 CONTACT THE CITY CLERK'S OFFICE. AT THE 06/20/2023 CITY COUNCIL MEETING THIS ITEM WAS TABLED UNTIL THE 10/17/2023 CITY COUNCIL MEETING. B.2. MISTY SIMPSON (WATER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET (2023-962) City of Fayetteville, Arkansas page 4 City Council Meeting Final Agenda October 17, 2023 AT THE 08/15/23 CITY COUNCIL MEETING THIS ITEM WAS TABLED TO THE 10/17/23 CITY COUNCIL MEETING. B.3. 2024 MILLAGE LEVY (ORDINANCE): AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2023 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS (2023-1123) AT THE OCTOBER 3, 2023 CITY COUNCIL MEETING, THIS ITEM WAS LEFT ON THE FIRST READING. C. NEW BUSINESS C.1. PARTI INVESTMENTS, LLC (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71B CORRIDOR PROJECT (2023-1141) C.2. WEST WATER TRANSMISSION MAIN (CONDEMNATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1168) C.3. DEPUTY CLERK - COMMUNICATIONS (FTE-1): A RESOLUTION TO AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE (2023-1137) CA. FAYETTEVILLE YOUTH ADVISORY COUNCIL (ORDINANCE): AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE (2023-1134) C.5. REINDL PROPERTIES, INC. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE City of Fayetteville, Arkansas page 5 City Council Meeting Final Agenda October 17, 2023 PURCHASE CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0.5 ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $1,247,455.00 (2023-1171) C.6. VACATION-2023-0010: (33 E. 4TH ST./BERQUIST, 523): AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT (2023-1169) C.7. VACATION-2023-0008: (4089 N. SHILOH DRICLAUDE SHILOH LLC, 135): AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES (2023-1164) C.8. VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOPMENT, 563): AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY (2023-1158) C.9. REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC, 524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL (2023-1138) CA0. APPEAL - CUP-2023-0096: (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023-0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE (2023-1132) C.11. ARPA RFP 23-12 RECIPIENT SELECTION (RESOLUTION): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH RFP 23-12 IN THE AMOUNT OF , PURSUANT TO FOR A PRO.IFr.T Tn ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE (2023-1176) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. RFP 23-12, INTERVIEWS - STEVEN DOTSON, BECCI SISSON, ALLISON QUINLAN City of Fayetteville, Arkansas page 6 City Council Meeting Final Agenda October 17, 2023 E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff's presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Speakers shall be limited to a maximum of five (5) minutes to discuss the agenda item being considered by the City Council. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by City of Fayetteville, Arkansas page 7 City Council Meeting Final Agenda October 17, 2023 unanimous consent or majority vote. As part of a person's public comments allowed above, the speaker may use electronic visual aids during their five (5) minutes presentation period concerning the agenda item being considered by the City Council. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville- ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575- 8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas page 8 Vacant Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting October 3, 2023 City Council Meeting Minutes October 3, 2023 Page 1 of 19 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 3, 2023 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Turk arrived at the meeting at 5:42 p.m. Pledge of Allegiance City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report - Chief Financial Officer Paul Becker, Chief Financial Officer provided a summary of the Monthly Financial Report for August. He stated sales tax, located in the general fund, was up slightly by 3% and the year to date percentage was up overall just under 8%. He stated that both intergovernmental and service charges were slightly down by 2%. He briefly spoke about the salary increases that were approved by City Council earlier in the year and that sales tax revenue was being used to fund these changes. He spoke of HMR Funds being up compared to budget, Water and Sewer fund being up and Trash and Recycling being down. He briefly explained the airport fuel sales and explained that overall, the City of Fayetteville was doing well and currently had a slight surplus. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 2 of 19 Agenda Additions: None Consent: Approval of the September 19, 2023 City Council Meeting Minutes. APPROVED DC Sparks Construction, LLC (Contract Approval): A resolution to award Bid #23-29 and authorize a contract with DC Sparks Construction, LLC in the amount of $491,000.00 for the expansion of the Fleet Shop, and to approve a project contingency of $63,803.00. Resolution 207-23 as recorded in the office of the City Clerk Flintco, LLC (Change Order #1): A resolution to approve Change Order #1 with Flintco, LLC in the amount of $1,703,019 for work associated with the construction of Fire Station 2, and to approve a budget adjustment - 2019 Bond Program. Resolution 208-23 as recorded in the office of the City Clerk Riggs Caterpillar Equipment (Purchase Agreement): A resolution to approve the purchase of one Caterpillar Backhoe Loader and one Caterpillar Excavator from Riggs Caterpillar Equipment for the total amount of $221,563.00, plus any applicable taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 209-23 as recorded in the office of the City Clerk Step into Swim Grant Program (Grant Acceptance): A resolution to authorize the Mayor to accept a grant in the amount of $500.00 from the Step into Swim Grant Program through the Pool and Hot Tub Alliance, and to approve a budget adjustment. Resolution 210-23 as recorded in the office of the City Clerk Jack Tyler Engineering, Inc. (Equipment Rental): A resolution to approve a two -month extension of the pump rental from Jack Tyler Engineering, Inc. being used at the Gregg Avenue Sewer Lift Station for a total cost of $41,675.00. Resolution 211-23 as recorded in the office of the City Clerk MCCI, LLC (Purchase Agreement): A resolution to approve the purchase of document and records management services, on an as -needed basis, from MCCI, LLC pursuant to an Omnia Partners Cooperative Contract through November 30, 2025, and any future renewal periods. Resolution 212-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 3 of 19 Fayetteville Fire Department Administrative Policies (Resolution): A resolution to approve the reviewing and updating of Fayetteville Fire Department Administrative Policies. Resolution 213-23 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Member Bunch, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk was absent for vote. Ward 1 Position 1 was vacant. Unfinished Business: Historic Black District Preservation (Land Purchase): A resolution to authorize the Mayor of the City of Fayetteville to purchase real estate to be returned to the NWA Black Heritage Association for restoration, redevelopment, and advancement to the African American Community into the vibrant and thriving district it is meant to be. At the June 6, 2023 City Council Meeting, this item was tabled to the September 5, 2023 City Council Meeting. At the September S, 2023 City Council Meeting, this item was tabled to the October 3, 2023 City Council Meeting. Council Member Jones stated Emma Willis, a consultant for the applicant, was available to share information regarding the proposal to the council. Emma Willis, Consultant with Northwest Arkansas Black Heritage stated she had sent the council a document that contained a summary of the vision for the Historic Spout Spring Community, also known as South Fayetteville. She requested they be given ample time to do the project in an orderly fashion that respected the protocols of the State of Arkansas as well as the City of Fayetteville. She stated they were seeking to be partners with the City of Fayetteville and to draft a resolution that would allow for a local historic district. She stated the benefits of creating the district were included in the summary she had sent to the City Council. She requested the current resolution be tabled indefinitely and would return to the Council after developing the needed partnerships. There was brief discussion between Council Member Jones and Emma Willis regarding what the next steps of the process would be. Emma Willis gave a brief explanation of the future steps to creating the historic district; reviewing state law and City of Fayetteville ordinances to ensure compliance, working with community members and stakeholders to begin the process of signature collection, submitting finalized documents to the City of Fayetteville and then seeking guidance from the City Attorney's Office to see if there would be anything additional required. She stated there would also be education nights for the community members to attend. Council Member Jones, "As it relates to the signatures, the signatures need to be from residents who live in that vicinity, correct?" Emma Willis stated that was correct. She explained how they had strategized on how they would collect a majority of the signatures and that it would be a series of community events that would allow individuals to ask questions and express ideas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 4 of 19 Council Member Jones, "You've been working with the Attorney General's Office, correct?" Emma Willis had previously received comments from the Attorney General's Office that had been shared by the City of Fayetteville on the requirements for a historic district. She stated Britin Bostick, Long Range Planning/Special Projects Manager with the City of Fayetteville, had given her direct feedback on those requirements and stated she planned to follow that outline. Council Member Jones, "My next point, of course, is city staff involvement and city staff engagement. You mentioned Britin and how she's helped. How would you describe that relationship?" Emma Willis stated Britin Bostick had been very receptive and warm. Britin explained the history about the area and shared the names of significant individuals who had influenced the area. Emma stated it had been great working with the City of Fayetteville thus far. Council Member Jones stated Emma Willis had identified popular historic communities in her document. He referenced her inclusion of Tulsa, Oklahoma and asked her to explain past projects. Emma Willis stated the City of Tulsa had been riddled with a massacre that left their black residents displaced and those that had stayed behind were still working to rebuild what was Black Wall Street. She stated that through public/private partnership, the city area philanthropy and the community came together to be able to raise back up the Historic Greenwood District and stated that would be similar to what they would be seeking in the City of Fayetteville. She stated they contacted and looked to the following cities for guidance; the City of Tulsa, the City of Kansas City and the City of Houston. Throughout her research she had looked to the City of Tulsa, City of Kansas City and the City of Houston for guidance. Council Member Jones, "Can you explain to the council how that district continues to benefit Tulsa?" Emma Willis explained how tourism was at the core of the historic district in the City of Tulsa. She stated it also allowed for the city to be able to recreate housing and to create spaces that allowed for individuals in various stages of their financial life to inhabit. She explained the other amenities the historic district held and said there was no definite shortage of history in the City of Fayetteville. The goal of the historic district was about putting in a place where everyone could go to see and enjoy the area. Council Member Jones questioned what the economic impact of the future historic district would have on South Fayetteville. Emma Willis, "As you go through the document, there's one fairly significant piece in nearness to Afrofuturism museum. We are looking to take this work in creating this historic district and anchoring it with a very significant piece of architecture, that will not only uplift the African American story, but also what Afrofuturism is, which is the bright future, it can be anything you imagine. What we imagine will happen here in this historic district is that through the development of spaces like a museum, we'll be able to drive additional tourism dollars into the city, and because 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 5 of 19 of that, we should have an opportunity to project more building in terms of homes and houses. I know we have a housing shortage here in Northwest Arkansas, I think that the corridor is perfectly suited to be able to do that. There are still plenty of spaces that would allow for that to happen. At the core, we want to stabilize your tax base in that area, we really want to get to the point where we're contributing, we're allowing for more to be imagined over in Ward One and because of that we put in an Afrofuturism museum. We also noted the historic Jefferson Elementary and some potential use for that, we've taken some time to sit down and talk with them. But it's a community that's willing to innovate, to help solve for some of the things that are ailing right now the City of Fayetteville, and I know housing is one of them." Council Member Jones thanked Emma Willis for her work on the project. He stated that if any of the council members had questions at any point in time, they could reach out to her directly. Council Member Berna applauded Emma Willis for her approach to the project. He verified that she wanted the current resolution to be tabled indefinitely. Emma Willis wanted additional time to create a new resolution that included the goals created through partnerships. City Attorney Kit Williams briefly spoke of how tabling the resolution indefinitely would cause it to expire on December 31 st. He spoke of how the resolution should have a new start because it was going in a different direction, a more legal direction, so he believed tabling indefinitely was the right thing to do. Council Member Jones agreed with Emma Willis on creating a new resolution. Council Member Moore thanked Emma for the packet she provided to council. She agreed with Emma Willis regarding the economic drivers the resolution would create in the area and how it would help stabilization. She was excited to see what would come of the project and of the additional individuals that would be welcomed to Fayetteville. She briefly spoke of signatures that were required for the historic district and questioned if Emma Willis needed any city resources or funding in order to get the signatures and facilitate conversations with the community. Emma Willis stated additional resources were always helpful but understood that the decision would be made by City Council. Council Member Turk thanked Emma Willis for the document and presentation. Council member Turk Wanted to know how Emma envisioned working alongside the City of Fayetteville Historic District Commission and the Black Fayetteville Historic Preservation Commission. Emma Willis explained the stakeholders in the project will meet to properly define the project. Council Member Turk expressed her support of Emma's answer. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 6 of 19 Council Member Wiederkehr explained he had toured the Greenwood District with the previous Executive Director of the Tulsa Historical Society and admired the impressive history of the district. Council Member Jones thanked Council Member Wiederkehr. He requested a tour to and speak with residents in the area and to understand how impactful a historic district would be. Emma Willis planned to provide renderings and financial projections in December based off of historical events that had happened in Fayetteville from a tourism aspect. There was brief discussion regarding a tour being scheduled for the proposed area. Mayor Jordan stated City Council could set up a time that was convenient to go and look at the property. Emma Willis stated she was available anytime. There was no set date decided for the tour. Council Member Jones moved to table the resolution indefinitely. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. This resolution was tabled indefinitely. Mayor's Announcements, Proclamations and Recol4nitions: Presentation of the Distinguished Legislator Award to AR State Representative David Whitaker - AR Municipal League. This item was not presented during the beginning of the City Council meeting due to individuals being late for the meeting. John Wilkerson, General Counsel & Legislative Director at Arkansas Municipal League briefly spoke of his history of friendship with David Whitaker and how he was a champion for the City of Fayetteville. He described how David Whitaker had an immense respect among his peers and how he was always eager to talk with individuals and work through issues. He stated Mr. Whitaker was a true gem of the legislature and that Fayetteville was blessed to have him representing the city. He presented Mr. Whitaker with the Distinguished Legislature Award. David Whitaker, District 12 Arkansas State Representative, "First of all, I want to thank the Arkansas Municipal League for this recognition. But very briefly, I want to also thank you, Mr. Mayor, and esteemed Council Members. The idea of service started early in my life, but it came to fruition in this very building. I learned a lot of incredibly good things about duty, and service, and loyalty. And I thank my old boss, Kit Williams, for teaching me much of that. And everything I've learned in this building has stood me in good stead with the legislature. I will never cease being your best and strongest advocate. Our cities are what make this state and I believe it's not long ago the Municipal Leagues' moto was strong cities make a strong state and I'm absolutely 100% a believer in that. I will fight until I am done to preserve your ability to run your own affairs. Thank you all and thank you everybody." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 7 of 19 City Attorney Kit Williams, "I'd like to say that was one of my smartest appointments that I did right after becoming City Attorney, to hire David. He did a great job there until he decided he wanted to seek higher office and then had been elected and served in the legislature for many, many years and has always been a great friend to Fayetteville. I also want to thank John Wilkerson of the Municipal League. He's been very helpful for us throughout all his service there in the Municipal League. Thanks for coming up and giving David this, it's well deserved." New Business: Halff Associates (Contract Approval): A resolution to authorize a contract with Halff Associates, pursuant to RFQ 23-01, for Planning and Design Services for Combs White River Park for the amount of $181,812.00, to approve a project contingency in the amount of $5,000.00, and to approve a budget adjustment. Alison Jumper, Parks & Recreation Director gave a brief presentation of the concept plan staff had created for the project. She stated that once the contract was approved, design work was expected to begin immediately with construction drawings being wrapped up next summer. She stated the work was planned to be coordinated with the dam removal and stream restoration work that was being done by the Watershed Conservation Resource Center. She gave a brief description of the vision for the project and the next steps in the process. She stated Sandi Formica, Executive Director at Watershed Conservation Resource Center, was available for questions. Council Member Turk noted there were no requirements in the proposal for native stones, lithographs or plant material. She questioned if that was already in a plan required by the city or if there needed to be further conversation regarding that. Alison Jumper stated that level of specificity wasn't required at this point in the process, but once the design development and construction documentation was started, that was where it would be discussed. Council Member Turk spoke of how a hazardous site had been close to the project. She wanted the public to know the site had been double and triple checked to ensure it was no longer hazardous. She questioned if there could be some discussion regarding putting a parking lot in the area. Alison Jumper, "That site was the site of the former RMP electroplating site, I think that's what you're referring to. The site was remediated in 2010 and I believe in 2012 was cleared by ADEQ for unrestricted development. In other words, anything can be developed on that property at this point, because it had met the standards for that remediation." Council Member Turk, "I haven't read that report, I'm glad that you have or someone in the office has, but does that mean that any dirt any kind of silt, any kind of dust that's turned up, that's okay? Or does it mean that it really needs to be capped with something very solid?" Alison Jumper, "There was no recommendation for a cap, the remediation measures actually removed most of the soil from that site and brought in new clean soil." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 8 of 19 Mayor Jordan, "Yeah, we dug down and got that soil out, because it was contaminated as you would say, it was pretty bad." Council Member Turk wanted to ensure the public was safe and questioned if it would be worthwhile to test the soil again. She believed that would ease her mind. Mayor Jordan, "No problem there." Council Member Bunch believed the proposal looked amazing for that part of the community. She briefly spoke of how the area looks better than it had previously looked already. Council Member Wiederkehr had been present at the interviews for the potential contractors and was impressed with both city staff and the applicants. Mayor Jordan loved the project and believed it would be great for Fayetteville. He briefly spoke of how the council had discussed the area back when he had been a part of the City Council. Council Member Wiederkehr moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was absent. Resolution 214-23 as recorded in the office of the City Clerk Leonard W. Stitz (Condemnation): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Leonard W. Stitz needed for the West Transmission Water Main Project. Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the land agent and consulting engineer met with Mr. Stitt and that city staff had also sent him an offer letter, but Mr. Stitz stood firm that he was not interested in granting the City of Fayetteville an easement. He stated staff recommended the City Attorney file for order of possession of the easement and the value of the property was appraised at $3,000.00. He explained how the cost was an estimate based on the appraised value of the property and that the final cost was subject to negotiation with the property owners and by court order. Council Member Moore spoke of how the landowner had not been agreeable to the easements and questioned if he had given any feedback regarding that. Tim Nyander, "The feedback was he just really didn't understand why the City of Fayetteville would need an easement in Springdale, so to speak. You can see the thought process there, but we are trying to run a water transmission line from Beaver Water in Lowell to the City of Fayetteville." Council Member Berna, "Just for clarification, even with this resolution, it does not prevent city staff or land agents or the owner to continue negotiations, right? It can go all the way up to court?" 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 9 of 19 Tim Nyander stated that was correct, staff would negotiate up until the judge calls the court order. City Attorney Kit Williams briefly explained the City of Fayetteville's record of condemning properties and negotiating with property owners. He stated the City of Fayetteville would continue to try to negotiate with the property owner to settle the case in a fair way. He stated that the condemnations for the easements must get done so the City of Fayetteville could obtain the loan required at the right rate so that it was not costly to the city as a whole to pay for the project. Tim Nyander corrected himself from a comment at the previous City Council meeting by stating staff had contacted all 28 property owners regarding easements. Council Member Wiederkehr spoke of how most individuals ignored communication until it came to an actual court date itself, he believed the day before a trial was usually when things settled out. He believed it was in everyone's best interest for the council to authorize the City Attorney to proceed on the condemnations. Council Member Wiederkehr moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. Resolution 215-23 as recorded in the office of the City Clerk 2024 Millage Levy (Ordinance): An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2023 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer stated he had not yet gotten an answer from the Assessor's Office and requested the council not approve the item yet. He stated that by the next City Council meeting, he should know if the city will experience a roll back or not. He wanted the public to understand that this was the same tax rate the city had in previous years and the city was asking that it be continued at that rate. He briefly spoke of the mills and stated that if the city had a rollback, he would request a modification to the ordinance at the next meeting. This ordinance was left on the First Reading. Amend §118.05 Penalty (B) City Services Termination (Ordinance): An ordinance to amend § 118.05 Penalty (B) City Services Termination to add an additional subsection (2) to provide a procedural due process hearing opportunity for unlicensed Type 2 Short Term Rentals prior to withholding city services. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 10 of 19 City Attorney Kit Williams read the ordinance. Council Member Hertzberg stated the Ordinance Review Committee had been tasked with reviewing the Short -Term Rental Ordinance and making recommendations of changes. She stated on of the major issues of concern was in regard to the number of Type 2 Short -Term Rentals operating illegally. She spoke of how the Ordinance Review Committee brought the ordinance forward to authorize the withholding of City Services as a penalty for violations. Mayor Jordan thanked the Ordinance Review Committee for their work on the ordinance. Council Member Bunch believed the ordinance was a good approach and that it offered enough time for individuals to get themselves into compliance. Council Member Turk thanked the Ordinance Review Committee. She believed the ordinance was the most well-balanced solution to some of the illegal activity that had been going on with Type 2 Short -Term Rentals. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Moore requested for some level of decision making to weigh the biggest offenders regarding illegal operation of a Type 2 Short -Term Rentals. She asked that the individuals operating illegally get into compliance or even consider offering their property as a longer termed rental due to the housing crisis. Mayor Jordan informed the council that since they had now given him the authority, the ordinance would be enforced. Council Member Bunch stated that anyone using the platform Airbnb had been notified about the upcoming changes with the ordinance. Council Member Wiederkehr did not feel sorry for the businesses operating illegally and suspected the city was going to send out letters to the noncompliant Short -Term Rentals promptly. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 11 of 19 Council Member Berna stated it was not the city's goal to disconnect services, the city's goal was to get individuals in compliance. He briefly spoke of why he was in support of the ordinance. There was brief discussion between Council Member Hertzberg and Council Member Berna regarding the fact that there were still business licenses available and that the City of Fayetteville hadn't reached the cap yet for Type 2 Short -Term Rentals. Mayor Jordan, "I've got an ordinance, that's going to be the law, and I'm going to enforce it." Council Member Turk stated there had been a lot of discussion, debate and press over the proposal. She supported city staff and believed the process was fair and that everyone had been given a lot of notice to get in compliance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. Ordinance 6687 as Recorded in the office of the City Clerk Vacation-2023-0004: (817 E. Dogwood Ln.Buxton, 486): An ordinance to approve VAC 23-04 for property located at 817 East Dogwood Lane in Ward I to vacate a 0.16-acre portion of alley right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the only issue staff identified with the request were matters of utility consent. He stated staff had received all the documents from the necessary franchise utilities, Transportation Department and the Trash and Recycling Department. He spoke of how the Planning Commission intended to place the item on the Consent Agenda but had wanted to hear what the public had to say, but ultimately nobody had spoken at the meeting. He stated staff recommended approval of the request with the conditions outlined by City Attorney Kit Williams. He stated the Planning Commission forwarded the request to City Council unanimously. He noted William Gagner was available online as representative for Blew & Associates. William Gagner, Director of Property Condition Assessment with Blew & Associates had technical difficulties and was unable to speak via zoom during the City Council meeting. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 12 of 19 Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. Ordinance 6688 as Recorded in the office of*the City Clerk Administrative-2023-0028: (Amend UDC §151,163, and 164): An ordinance to amend § 151.01 Definitions, § 163.05 Child Care; Nursery School, and § 164.24 Registered Child Care Family Homes of the Unified Development Code to align the city's childcare family home requirements with state law. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief overview of the background on the City of Fayetteville's childcare requirements. He spoke of how the ordinance would be getting rid of a lot of language in the code and making it shorter, whereas several sections were being cut out and making reference to state statute in lieu of them being replicative or duplicative in the city's ordinances. He stated staff recommended in favor of the request and the Planning Commission forwarded it to City Council unanimously. He stated there had been no public comment received on the item. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 13 of 19 Ordinance 6689 as Recorded in the office of the City Clerk Rezoning-2023-0022: (5672 W. Tackett Dr/Hogrefe, 436): An ordinance to rezone the property described in Rezoning Petition RZN 2023-0022 for approximately 2.32 acres located at 5672 West Tackett Drive in Ward 4 from R-A, Residential Agricultural to RSF-4, Residential Single -Family, four units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the applicant had shared that they needed the rezoning so they would be able to build a shed on the property. He stated staff found the proposal to be a compatible land use in the area and that when looking at the proposal from a Future Land Use Map, the property had a split designation; a natural area, which was intended to not be developed or to be developed to the lowest extent possible and a residential neighborhood area, which was intended to encourage a wide variety of residential uses. He briefly spoke of the infill rating of the property and how it was between a 3-5. He briefly spoke of the issues regarding the request in terms of the existing city infrastructure and the proximity to the floodplain and floodway associated with Owl Creek. He noted the property was subject to the City of Fayetteville's Streamside Protection Requirements and spoke of the hydric soils. He stated the tree canopy requirements would stay at 25%. He briefly spoke of the Public Comment that had been received for the request and how the neighbors nearby had concerns but ultimately expressed their support of the request with the understanding that the applicants intent was to rezone the property for reduced setback so they could build a shed. He stated staff ultimately recommended approval of the request and the Planning Commission was split on their consideration with a vote of 6-2. He noted Alan Hogrefe was present as the applicant. Alan Hogrefe, Applicant stated he and his wife loved the property and planned to use the home during retirement. He spoke of how he had talked with the Building Department about replacing his old shed with a new one in the same place. He was told that he would need to be 20 feet off the property line with the new shed, which would cause him to have to take down several large trees. He was not planning to build anymore homes on the property or to sell the property, he just wanted a bigger shed. Council Member Turk questioned why the applicant pursued a rezoning instead of a variance. Alan Hogrefe stated he was going to go with a variance but was told that he would have to prove a hardship and that he wouldn't be able to get it passed as a variance. City Attorney Kit Williams, "They gave him good advice because this is the way to do it. Like he said, he would not be able to get a variance for that. It actually has to go to the Board of Adjustments, for that and we can't overrule the Board of Adjustments, any appeals from them goes to Circuit Court. So, this is by far the best solution for his problem." Mayor Jordan questioned how big the shed would be. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 14 of 19 Alan Hogrefe was going to have a prebuilt shed, sized around 16x44, delivered to his home. He briefly spoke of how he was trying to put the new shed just off the property line so that he would only have to cut down a few small trees, but with the Building Department telling him he would have to place the shed 20 feet from the property line, it would have required him to cut down several large trees. He was trying to stay away from cutting the large trees down. There was brief discussion between Council Member Turk and Alan Hogrefe regarding only rezoning the portion of the property that was not in the floodplain. Council Member Bunch questioned how much property was in the floodplain versus out of the floodplain and what could be built on the property. Jonathan Curth stated about .6 acres of the property was within a floodplain or floodway. He stated that under the requirements of the RSF-4 zoning district, the property could theoretically be split into four lots. He went on to explain that the nearby street was not wide enough to meet basic fire code, which would be a baseline standard to be able to subdivide that property into four lots. Council Member Bunch stated she would take Mr. Hogrefe on his word that he would only be building a shed and not subdividing the property based on Jonathan Curth's explanation. Council Member Wiederkehr spoke of how Mr. Hogrefe could build an accessory dwelling unit on the property and questioned how large the unit could be. Jonathan Curth stated accessory dwelling units were allowed to be 1,200 square feet. Council Member Turk had concerns regarding the floodway/floodplain being rezoned. She proposed that portion of the property be left under the Residential Agricultural zoning, and the rest of the property be rezoned as requested. She asked if she could amend the ordinance to reflect that. Jonathan Curth, "I'm going to need to lean on your parliamentarian on whether you can amend it by exhibit or by description, typically it would require a legal description, which is one reason despite staff sometimes recommending people rezone property to split designations like R-A in floodplain, they often opt to rezone a full property because that's the legal description they have on their deed, and it's just an easier route. I don't know if the council's authority allows that or not, I have to defer to Mr. Williams." City Attorney Kit Williams, "Well, as I read the ordinance, it certainly refers to the legal description, which we have one right now for the whole piece of property, we don't have a legal description that would divide the floodplain away from the rest of the property and also calls for a map, which we don't have either at this point in time, we probably could get some sort of map from GIS, but the legal description is not something you really get from our GIS system. Floodplains, of course, have a lot of protection anyway, we have much more strict requirements on floodplain development. But to require a legal description, he'd have to hire a surveyor, we'd have to wait for the legal description to be completed, then you all would need to amend the ordinance to that but that's the easy part. The hardest part is getting a survey and paying for it, but that's a way you could do it if the City Council decides that you will not pass this without having the floodplain to remain 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 15 of 19 R-A then you'll need a legal description and you'll need to have the applicant hire a surveyor and provide that to you." Council Member Turk offered for the applicant to come forward and comment on the discussion. Council Member Bunch believed the applicant had made it clear he had followed city staff s recommendations and that he deserved the opportunity for City Council to vote on exactly what he had applied for. Alan Hogrefe was unsure of the cost required to do all the steps the City Attorney had listed and how long it would take to complete said steps. He briefly spoke of the details regarding his property, the nearby sewer easement and the narrowness of the road. He spoke of how he had talked with the county regarding his current zoning and his taxes. Council Member Bunch moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Turk was not in support of the request because she believed that the zones in areas close to streams needed to be as low density as possible. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Member Bunch, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Council Member Turk voted no. Ward 1 Position 1 was vacant. Ordinance 6690 as Recorded in the office of the City Clerk Rezoning-2023-0024: (East of N. College Ave./Moles, 096): An ordinance to rezone the property described in Rezoning Petition RZN 2023-0024 for approximately 6.79 acres located east of North College Avenue near Waterside Court in Ward 3 from C-2, Thoroughfare Commercial to CS, Community Services. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 16 of 19 Jonathan Curth, Development Services Director gave a brief description of the ordinance and the characteristics of the property. He stated staff found the request to be compatible and briefly described the uses allowed in the requested zoning. He briefly spoke of how rezoning the area would be beneficial. He stated staff found the request to be compatible with the city's Future Land Use Map designation for the property, which was a city neighborhood area. He briefly spoke of how the Community Services zoning district aligned with the Urban Center zoning district by allowing a smaller scale of residential and nonresidential uses. He gave a brief description of how the property was an appropriate place for infill and of the property's accessibility. He noted there were concerns regarding how the property would connect to the City of Fayetteville's street networks. He spoke of how the current request and the next rezoning request were associated and stated that because of that, staff felt a level of comfort that the concerns would be addressed if both the properties were rezoned and would later come through for development. He noted that the property possibly had a small amount of floodplain along the northern property line but staff felt it was undevelopable and so it would not pose a concern. He stated the rezoning would increase the amount of tree canopy required on the property with a requirement of 20%. He stated there were several inquiries of public comment regarding the request with no statements for opposition or support. He noted staff recommended in favor of the request and the Planning Commission felt similarly, forwarding to City Council unanimously. He stated Jason Appel was present as the applicant for the item. Jason Appel, Secretary/Treasurer with Engineering Services Inc. was available for questions. Council Member Turk questioned if there was a topography map of the area. She believed the property was very steep and had large geographical changes. Jonathan Curth presented a picture that highlighted the property in question and spoke of the area on the property that contained a slope. Council Member Turk questioned how Mr. Curth envisioned the connectivity between this rezone request and the next rezone request on the agenda. She noted there looked to be a ravine between the two properties in question. Jonathan Curth, "The other property is actually platted as an unbuildable lot. It was part of the detention system for the adjoining plat, but that was also contemplated as a part of the previous PZD. If you'll allow me a moment, see if I can pull this up where it's visible. The applicant may be able to speak more about if there's a current detailed proposal for how it'd be accessed but here you can see the site plan from the previous project where it did include a right in right out near College Avenue. Obviously, this has been superseded by the trail, but then would be intended to access out to the cul-de-sac as part of the Timber Lake Office park subdivision. But again, I have to defer to the applicant if they've gotten that far in their design at this point." There was brief discussion between Council Member Turk and Jonathan Curth regarding if there would be a requirement for a detention pond on the property. Jonathan Curth answered yes, the property would be subject to the City of Fayetteville's Drainage Criteria Manual. This was followed by brief discussion regarding the allowances of the proposed rezoning. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 17 of 19 City Council Members of Ward 3 stated they had not heard anything regarding the request. Jonathan Curth stated the only public comment he had heard was prior to the Planning Commission meeting. There was brief discussion between Council Member Turk and Jonathan Curth regarding if there were any prohibitions against building on slopes that were greater than 15% when not in the Hillside Hilltop Overlay District. Jonathan Curth explained how the City of Fayetteville's Development Code encouraged interactions with the trail system and that there are additional standards for areas of steep slope, particularly regarding wall construction. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. Ordinance 6691 as Recorded in the office of the City Clerk Rezoning-2023-0023: (West of 4451 N. Waterside Ct./University Club Land Co LLC, 096): An ordinance to rezone the property described in Rezoning Petition RZN 2023-0023 for approximately 3.37 acres located west of 4451 North Waterside Court in Ward 3 from R-O, Residential Office to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director noted this property was part of the parcel that had been considered previously. He gave a brief description of the ordinance and stated it was platted as unbuildable. He noted staff s findings were similar to the previous rezoning request listed above and noted the differences between both proposals. He stated the property had direct street access, including a curb cut, and had no existing floodplain or hydric soils. He stated staff recommended in favor of the request as did the Planning Commission, forwarding it to City Council unanimously. He stated Jason Appel was present as the applicant on this item as well. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 3, 2023 Page 18 of 19 Council Member Wiederkehr questioned why a lot would be platted as unbuildable. Jonathan Curth, "Often because we require it. When a lot is intended for a purpose like detention, we do it to not just ensure it stays in that function indefinitely, but also to protect future buyers. That is surprisingly often caught in title searches that properties are undevelopable that may otherwise not be caught. We've seen some older pieces of land in the city conveyed to people and they had no idea that they included stormwater facilities. It does unfortunately happen periodically and so we do it in an effort to make sure it is captured as perhaps one of the most legitimate documents that anyone would consider when reviewing a piece of property." Council Member Wiederkehr, "How do we handle the conflict between zoning something as having uses and yet being platted unbuildable?" Jonathan Curth, "In this case, as I believe it was handled taking this specific example, it typically comes with an implication that if it's a detention pond, they want to reengineer the property and replat it as buildable, that can be possible. There's also a lot of interactions in our development code as with many cities where there can be unexpected conflicts. If you're developing properties that straddle different zoning districts, whether it's a matter of building setbacks, building heights, things of that nature, or even access points coming from one zoning district to another can create issues. So generally, it's a best practice wherever possible to have your developable area within one zoning district. That's why a lot of people are amenable to rezoning to R-A in floodplain areas because that's not an area they intend to develop with a project." Council Member Moore moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Bunch, Turk, Hertzberg, Jones, Moore, Wiederkehr and Berna voted yes. Ward 1 Position 1 was vacant. Ordinance 6692 as Recorded in the office of the City Clerk Announcements: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes October 3, 2023 Page 19 of 19 Susan Norton, Chief of Staff announced that Saturday would be the second of four Bulky Waste Cleanups, Saturday would also be the Square to Square Ride and then Monday would be the Fire Station Number 2 groundbreaking ceremony. City Council Agenda Session Presentations: 2024 General Fund Budget - Paul Becker Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten Fayetteville Housing Report 2 of 3 - Britin Bostick City Council Tour: None Adiournment: 7:49 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Received by: Stacy Barnes 10/17/2023 4:43 PM 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Susan Norton, Chief of Staff Paralegal Wade Abernathy, Bond Projects & Construction Manager; Facilities Management FROM: Kit Williams, City Attorney'_`/c_ DATE: October 17, 2023 RE: Final Comments Before Council Meeting Thank you Susan and Vicki for doing some redrafting of the proposed Real Estate Purchase Agreement. I believe the City of Fayetteville will be much better protected if we use the Survival paragraph's language I provided this morning requiring deed restrictions or covenants in the deed to ensure the survivability of the promises and agreements in this proposed Real Estate Purchase Agreement. I also object to the introductory phrase "Except as otherwise set forth herein." Any "exceptions" should be identified in this paragraph so everyone knows if there are any exceptions. The discretionary power to determine whether or not Mr. Reindl's parking is sufficient was given expressly to the City Council in the Letter of Intent contract and should be maintained. The current wording speaks of "sufficient," but fails to provide the same contractual power and discretion to the City Council to make this determination. Removing this contractual power and authority from the City Council means the City would have to prove to the Court that the parking plan negatively impacts adjacent properties... a very difficult standard to prove. The City Council should not give up their contractual authority and discretion to make the decision as to parking plan sufficiency. 1 Below is my suggested replacement for sub paragraph K: "K. Buyer must provide all parking required and deemed sufficient by the City Council so as not to negatively impact businesses and properties adjacent to or near the Ramble Plaza. The Fayetteville City Council has the sole and complete discretion to determine the sufficiency of Reindl Properties, Inc.'s parking plans and the implementation of these plans so as not to negatively impact nearby business nor interfere with the public's access and use of the City's parking decks and on -street parking. " I am also concerned with paragraph 3. DEED. Rather than agreeing to use "the form (of the deed) reasonably prescribed by Buyer (Mr. Reindl)," the City Council should be able to examine the actual proposed deed, before agreeing that Mr. Rendl may provide the form of the deed. I believe this deed is of paramount importance and should have the deed restrictions for all the agreements in this Real Estate Purchase Contract. This whole attempted approval process has been too rushed for careful consideration. Changes on the fly are not wise. This very important decision should be carefully considered with all questions and issues fairly evaluated, understood, and resolved before seeking approval of the contract. I believe that the major concerns and issues can and should be resolved with some careful and reasonable modifications of the Real Estate Purchase Agreement. Proposed changes from myself or anyone else should be incorporated into the agreement only after discussion with all interested parties. Please table this tonight so hopefully this 12 page proposed contract can be presented with more complete agreement and understanding at your next meeting. BEA OFFICE OF THE CITY ATTORNEY Received by: Stacy Barnes 10/17/2023 4:39 PM DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council FROM: Blake Pennington, Senior Assistant City DATE: October 17, 2023 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Attorne RE: West Transmission Water Main Condemnation Settlements The City Attorney's office and Land Agent Holly Jones have worked diligently since the agenda session to reduce the number of individuals and entities we would have to file suit against to obtain easements necessary for the West Water Transmission Main project. In the past week we have obtained easements and other necessary documents from 10 of the 28 landowners and expect to settle a few more even before suit is filed. I am attaching a revised resolution that removes the 10 that have settled. We would request that you amend the resolution to this version. Even after we file suit to condemn these properties, we will continue negotiating with landowners to hopefully reach a fair settlement for them and for our ratepayers without having to go to trial. RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 28 properties needed to complete the West Transmission Water Main Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on this public improvement and to not delay construction of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by BFT Rental, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $112,180.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Ross D. Odom Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $125,000.00. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by TBB Land Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $141,700.00. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Spring Branch Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $1,850.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Wildcat Creek Farms, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $81,400.00. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Solomon Properties, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $23,450.00. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by One Twelve, LLC — Potts Family, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $200.00. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Elmdale Lake, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $77,660.00. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by One Twelve Village, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $238,050.00. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Fayetteville School District 41, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,000.00. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Charles Andrew Cassat 2014 Revocable Trust that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $87,000.00. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Benny Moore Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $19,750.00. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Scott & Belinda Musgrave, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Courtjust compensation in the amount of $90,350.00. Section 14: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by James & Patricia Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,400.00. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by James Paul & Shawna Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $6,720.00. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Jason M. Thomas & Jennifer A. Olivero Sanchez, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $42,600.00. Section 17: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Brigitte L. Farris, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $2,050.00. Section 18: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Bobby J. Chandler Revocable Trust; Juanita F. Chandler Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into, the registry of the Circuit Court just compensation in the amount of $41,025.00. Section 19: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED this 17"' day of October, 2023. APPROVED: ATTEST: am LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, October 10, 2023 4:30 PM City Hall Room 219 City Council Members Vacant Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Page 1 of 1140 City Council Meeting Tentative Agenda October 10, 2023 ZOOM INFORMATION: 1. WEBINAR ID: 814 9871 6976 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN KQBYPJ2FQXMMUK1MZP9M2A CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE OCTOBER 3, 2023 CITY COUNCIL MEETING MINUTES: (2023-566) A.2. NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION (MEMBERSHIP RENEWAL): A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 (2023-1127) A.3. DRIVERS SELECT (SERVICE CONTRACT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023-1131) A.4. HIRING NWA (SERVICE CONTRACT): A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 (2023- 1139) A.5. CROSSLAND HEAVY CONTRACTORS, INC. (BA CORRECTION): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO - 2019 TRAILS BOND City of Fayetteville, Arkansas page 2 Page 2 of 1140 City Council Meeting Tentative Agenda October 10, 2023 PROJECT (2023-1170) A.6. BENCHMARK CONSTRUCTION OF NWA, INC. (CHANGE ORDER NO. 4): A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE NELSON HACKETT BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1089) A.7. INGRAM MICRO, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1088) A.8. MCCLELLAND CONSULTING ENGINEERS, INC. (AMENDMENT NO. 3): A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $1,446,340.00 FOR FINAL ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1133) A.9. SIDE PATH ON WEDINGTON DRIVE (ARDOT COST SHARE): A RESOLUTION TO APPROVE A PAYMENT TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $45,437.00 TO CONSTRUCT A 10 FOOT WIDE SHARED USE PAVED TRAIL ALONG THE NORTH SIDE OF WEDINGTON DRIVE FROM STEAMBOAT DRIVE TO SALEM ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1128) A.10. PLAYCORE WISCONSIN, INC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF BATTING CAGES FOR THE GARY HAMPTON SOFTBALL COMPLEX FROM PLAYCORE WISCONSIN, INC. D/B/A GAMETIME IN THE AMOUNT OF $168,727.72, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING AGREEMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,440.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1140) A.11. TITAN LAWN & LANDSCAPE, LLC (CONTRACT AMENDMENT NO. 2): A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC TO INCREASE PAYMENTS FOR THE 2024 RENEWAL PERIOD BY 4.5%, AND TO INCREASE PAYMENTS FOR City of Fayetteville, Arkansas page 3 Page 3 of 1140 City Council Meeting Tentative Agenda October 10, 2023 FUTURE ANNUAL RENEWALS BY 3% (2023-1167) A.12. EVANS CONSTRUCTION AND REMODELING, LLC (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 WITH EVANS CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF $8,775.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WILSON PARK HISTORIC STRUCTURES ROOFING PROJECT (2023-1142) A.13. 911 EQUIPMENT LEASE WITH WASHINGTON COUNTY (RESOLUTION): A RESOLUTION TO APPROVE A PAYMENT TO WASHINGTON COUNTY FOR REIMBURSEMENT OF COSTS FOR LEASED 911 EQUIPMENT IN THE AMOUNT OF $220,000.00 AND MAINTENANCE COSTS OF UP TO $99,000.00 (2023-1130) A.14. JUSTICE ASSISTANCE GRANT (GRANT AWARD): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1135) B. UNFINISHED BUSINESS B.1. RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY LEROY H. SCHARFENBERG LOCATED AT 2860 EAST WYMAN ROAD IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $17,800.00 (2022-191) FOR ITEM HISTORY FROM 07/05/2022 THROUGH 06/20/2023 CONTACT THE CITY CLERK'S OFFICE. AT THE 06/20/2023 CITY COUNCIL MEETING THIS ITEM WAS TABLED UNTIL THE 10/17/2023 CITY COUNCIL MEETING. B.2. MISTY SIMPSON (WATER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET (2023-962) AT THE 08/15/23 CITY COUNCIL MEETING THIS ITEM WAS TABLED TO THE 10/17/23 CITY COUNCIL MEETING. City of Fayetteville, Arkansas page 4 Page 4 of 1140 City Council Meeting Tentative Agenda October 10, 2023 B.3. 2024 MILLAGE LEVY (ORDINANCE): AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2023 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS (2023-1123) AT THE OCTOBER 3, 2023 CITY COUNCIL MEETING, THIS ITEM WAS LEFT ON THE FIRST READING. C. NEW BUSINESS C.1. PARTI INVESTMENTS, LLC (CONDEMNATION): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 71 B CORRIDOR PROJECT (2023-1141) C.2. WEST WATER TRANSMISSION MAIN (CONDEMNATIONS): A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-1168) C.3. DEPUTY CLERK - COMMUNICATIONS (FTE-1): A RESOLUTION TO AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE. (2023-1137) CA. FAYETTEVILLE YOUTH ADVISORY COUNCIL (ORDINANCE): AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE (2023-1134) C.5. REINDL PROPERTIES, INC. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0.5 ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $1,247,455.00 (2023-1171) City of Fayetteville, Arkansas page 5 Page 5 of 1140 City Council Meeting Tentative Agenda October 10, 2023 C.6. VACATION-2023-0010: (33 E. 4TH ST./BERQUIST, 523): AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT (2023-1169) C.7. VACATION-2023-0008: (4089 N. SHILOH DRICLAUDE SHILOH LLC, 135): AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES (2023-1164) C.8. VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOPMENT, 563): AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY (2023-1158) C.9. REZONING-2023-0025: (524 S. WILLOW AVE./BWB WILLOW LLC, 524): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL (2023-1138) C.10. APPEAL - CUP-2023-0096: (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023-0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE (2023-1132) C.11. ARPA RFP 23-12 RECIPIENT SELECTION (RESOLUTION): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH , PURSUANT TO RFP 23-12, IN THE AMOUNT OF FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE (2023-1176) PROPOSED AGENDA ADDITIONS D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. RFP 23-12, INTERVIEWS - STEVEN DOTSON, BECCI SISSON, ALLISON QUINLAN E. CITY COUNCIL TOUR City of Fayetteville, Arkansas page 6 Page 6 of 1140 City Council Meeting Tentative Agenda October 10, 2023 F. ANNOUNCEMENTS G. ADJOURNMENT City of Fayetteville, Arkansas page 7 Page 7 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Jonathan Curth, Development Services Director FROM: Becca Bertram, Ops & Customer Relations Mgr DATE: September 21, 2023 SUBJECT: Northwest Arkansas Regional Planning Commission Membership RECOMMENDATION: 2023-1127 Staff recommends approval of a membership with the Northwest Arkansas Regional Planning Commission for each year from 2024 through 2028. BACKGROUND: The Northwest Arkansas Regional Planning Commission provides a wide range of planning, administrative, and technical services to member governments. Membership also enables eligibility for federal aid distributed to member jurisdictions in Washington and Benton counties for transportation projects of regional significance. DISCUSSION: The City of Fayetteville's participation and representation in regional affairs is critical to the future of Northwest Arkansas. Per the attached memo, approximately $117 million has been awarded for projects, and $24,925,692 of that amount has been specifically awarded to Fayetteville since 2013. In addition to federal aid eligibility, membership with the Northwest Arkansas Regional Planning Commission provides the City an avenue for regional dialogue and cooperation. BUDGET/STAFF IMPACT: The membership fee for 2024 is $79,856.65. At the August 23, 2023 RPC/Policy Committee meeting, the Board approved a new fee structure, changing the rate from $0.70 per capita to $0.85 per capita for the ten largest jurisdictions with a population of 9,000 and greater; and continued the higher $1/capita rate for the 25 smaller jurisdictions with populations below 9,000. This money has been budgeted in the General Fund. ATTACHMENTS: SRF (#3), NWARPC Membership Memo (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 8 of 1140 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1127 Northwest Arkansas Regional Planning Commission Membership A RESOLUTION TO AUTHORIZE THE CITY'S CONTINUED MEMBERSHIP IN THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION THROUGH 2O28 AND TO APPROVE THE PAYMENT OF MEMBERSHIP DUES FOR 2024 IN THE AMOUNT OF $79,856.65 WHEREAS, at the August 23, 2023 Regional Planning Commission Policy Committee meeting, the Board approved a new fee structure, changing the rate from $.70 per capita to $.85 per capita. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City's continued membership in the Northwest Arkansas Regional Planning Commission through 2028 and further approves the payment of membership dues for 2023 in the amount of $79,856.65 based on a fee structure of $0.85 per capita. Page 1 Page 9 of 1140 Becca Bertram Submitted By City of Fayetteville Staff Review Form 2023-1127 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/19/2023 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Approval of a membership with the Northwest Arkansas Regional Planning Commission to support the operation of the agency. 1010.090.6600-5735.00 Account Number 40901.4008 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget General Fund Project Title $ 79,856.65 79,856.65 $ 79,856.65 Previous Ordinance or Resolution # Approval Date: V20221130 Page 10 of 1140 NWA NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Regional 1311 Clayton St., Springdale, Arkansas, 72762 Planning Commission • (479) 751 7125 a Fax: (479) 7517150 . http://0warpc.org August 29, 2023 RECEIVED Mayor Lioneld Jordan SEP 0-1 2023 City of Fayetteville CITY OF FAYETTEVILLE 113 W Mountain MAYOR'S OFFICL Fayetteville, AR 72701 Re: 2024 Budget Request Dear Mayor Jordan: In anticipation of the Northwest Arkansas Regional Planning Commission's next year's budget and operations, NWARPC respectfully requests that $79,856.65 be appropriated in the 2024 Fayetteville budget as the City's contribution toward the 2024 operation of the agency. At the August 23, 2023 RPC/Policy Committee meeting, the Board approved a new fee structure, changing the rate from $0.70 per capita to $0.85 per capita for the ten largest jurisdictions with a population of 9,000 and greater; and continued the higher $1/capita rate for the 25 smaller jurisdictions with populations below 9,000. The funds help us to meet expanded federal planning requirements necessary for cities and counties to qualify for federal transportation funding; and to maintain the level of services we have been providing for our members. The Commission continues to provide a vital forum for regional dialogue and cooperation, along with a wide range of planning, administrative, and technical services to our member governments. NWARPC is the designated Metropolitan Planning Organization (MPO) and Transportation Management Area (TMA) for the region. These designations increase the federally required transportation planning and programming of millions of dollars to deliver federal -aid projects to our region. As the designated MPO/TMA, NWARPC is responsible for the award of over $14 million annually to member jurisdictions in Washington and Benton Counties. Since 2013, approximately $117 million has been awarded for projects and $24,925,692 of that amount has been specifically awarded to Fayetteville. Serving as the Federal Transit Administration (FTA) Designated Recipient, NWARPC is also responsible for transit planning in the two -county area, and for determining the award split (approx. $3.75 million) of FTA funding annually to Ozark Regional Transit Authority (ORT) and Razorback Transit. Fayetteville's participation and representation in regional affairs is critical to the future of Northwest Arkansas —particularly as the region continues to grow and expand. Consideration of your continued membership would be appreciated. Should any questions arise, or should additional information or assistance be required, please advise. Sincerely, Tim Conklin Executive Director Page 11 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: September 29, 2023 SUBJECT: Driver Select - Temporary Employment Service RECOMMENDATION: CITY COUNCIL MEMO 2023-1131 Staff recommends waiving competitive bidding to authorize a contract with Drivers Select for hiring Commercial Drivers License (CDL) drivers for various City Divisions and Departments. BACKGROUND: In 2020 the City of Fayetteville issued RFP 20-10 to solicit for temporary staffing services. Proposals were received from and contracts were authorized with Tech Staffing Services and 1st Employment but neither company offers temporary CDL Drivers. Contracts with Tech Staffing Service and 1st Employment run through December 15, 2025. DISCUSSION: Due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing companies that specialize in CDL drivers. The City's current temporary staffing service providers stated that they would not provide licensed CDL drivers, and the City is offering agreements to both firms in northwest Arkansas that provide the temporary staffing of CDL drivers. Competitively soliciting proposals for temporary CDL drivers is not feasible at this time due to the necessity for continuity of operations. Drivers Select specialized in temporary staffing, including CDL drivers in Northwest Arkansas. The term of the agreement with Drivers Select would run through December 15, 2025 to coincide with the other temporary staffing agreements. BUDGET/STAFF IMPACT: Various City Divisions and Departments have budget allocated for temporary staffing. ATTACHMENTS: SRF (#3), Drivers Select, Inc. City of Fayetteville Contract (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 12 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1131 Driver Select - Temporary Employment Service A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH DRIVERS SELECT, INC. FOR CDL DRIVERS ON AN AS -NEEDED BASIS THROUGH DECEMBER 15, 2025 WHEREAS, in 2020, the City issued RFP 20-10 to solicit temporary staffing services and entered into contracts with TEC Staffing Service and 1 st Employment through December 15, 2025; and WHEREAS, due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing companies that specialize in CDL drivers; and WHEREAS, the City's current temporary staffing service providers stated that they would not provide licensed CDL drivers and competitively soliciting proposals for temporary CDL drivers is not feasible at this time due to the necessity for continuity of operations; and WHEREAS, staff recommends contracting with both firms in northwest Arkansas that provide the temporary staffing of CDL drivers, including Drivers Select. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and, therefore, waives the requirements of formal competitive bidding and authorizes Mayor Jordan to execute the contract attached to this Resolution with Drivers Select, Inc. to provide temporary CDL drivers on an as -needed basis through December 15, 2025. Page 1 Page 13 of 1140 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2023-1131 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/25/2023 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Staff recommends waiving competitive bidding to authorize a contract with Drivers Select for hiring Commercial Drivers License (CDL) drivers for various City Divisions and Departments 5500.750.5000-5130.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Recycling & Trash Collections Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Project Title $ 61,000.00 $ 61,000.00 tit nnn n, V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 14 of 1140 Please complete Parts 1 through 3 Inclusive -Drivers Select, Inc. SERVICE AGREEMENT PART 1: Customer Information CUSTOMER'S LEGAL BUSINESS NAME LEGAL STATUS: CORP OTHER -IS CUSTOMER A DIVISION OR SUBSIDARY? YES NO STATE DBA IF YES, SHOW PARENT CORPORATION TO THE RIGHT PARENT CORPORATION: NAME: NAME: City of Fayetteville ADDRESS: ADDRESS: 1560 S Happy Hollow Rd. CITY/STATE/ZIP: CITY/STATE/ZIP: Fayetteville, AR 72701 PHONE: FAX: EMAIL: 479-575-8272 BILLING ADDRESS: PHONE: FAX: 113 W Mountain St. CITY/STATE/ZIP: OFFICE DISPATCH CONTACT: Fayetteville, AR 72701 Peter Nierengarten BILLING CONTACT: DISPATCH CONTACT: Peter Nierengarten CELL: HOME: PHONE: FAX: DISPATCH CONTACT AFTER HOURS: Cell: 479-601-7834 CELL: HOME: TIME TICKET APPROVAL CONTACT: EMERGENCY CONTACT AFTER HOURS: Peter Nierengarten CELL: HOME: PHONE: FAX: WORK COMP CODE: Cell: 479-601-7834 EMAIL: INVOICE RECEIPT? FAX EMAIL pnierengaten@fayetteville-ar.gov NCCI#: FAX # OR EMAIL ADDRESS: pnierengarten@fayetteville-ar.gov PART 11: Service Compensation All of Drivers Select, Inc. rates provide the driver's wages, Workers Compensation Insurance and all employee related taxes. The following rates, costs, and conditions will remain in effect until further notice. In addition to the agreed upon bill rates, an EHS (Employee Healthcare Surcharge) of 1.5% will be added to all Customer invoices. HOURLY PAY/BILL RATE MILEAGE PAY/BILL RATE Single Team CDL CLASS A DRIVER CDL CLASS A OVERTIME CDL CLASS B DRIVER CDL CLASS B OVERTIME SPECIALIZED PAY BILL 1.64% 1.64% CDL CLASS A DRIVER CDL CLASS B DRIVER Optional On -Call Daily Pay Stops Drop/Hook Per Diem with Sleeper NIA Per Diem without Sleeper NA Available for Hire After 640 Hours Worked (OR 30,500 miles if paid by mileage) within 6 months of original assignment. If paid mileage, a single driver will be paid hourly if they are under 350 miles in a 24 hour period; team drivers will be paid hourly if they are under 700 miles in a 24 hour period. Comments: This agreement covers the City of Fayetteville and includes all City Departments. The markup for all drivers PAY BILL PAY BILL is 1.64%. The pay rate for drivers may very depending on assignment. Driver pay rates will be set by the City. The term of this agreement will be through Dec 15, 2025 Initials: Revised 10/21/20 Drivers Select O W­M Ea Page 15 of 1140 Drivers Select, Inc. SERVICE AGREEMENT (continued) PART II cont'd: Drivers working under the mileage rate will be paid hourly for the following conditions: • Delivery time in excess of two (2) hours, driver will be paid hourly until delivery has been completed. • Layover time in excess of fourteen (14) hours, driver will be paid hourly until driving again, with a max. of ten (10) hours in a 24-hour period • There is a four (4) hour minimum charge for each driver each day they are asked to report for work. Cancellation must be received one (1) hour prior to driver reporting time or customer agrees to pay four (4) hour minimum charge at agreed upon hourly rate on Page 1 of this service agreement Drivers working under the hourly rate will be paid hourly for the following conditions: There is a four (4) hour minimum charge for each driver each day they are asked to report for work. Cancellation must be received one (1) hour prior to driver reporting time or customer agrees to pay four (4) hour minimum. When a driver is used in excess of forty hours in a given week, a rate of one and one half times the quoted rate will apply. Drivers may be hired on a full time basis after the prescribed number of working days are paid for or after paying a predetermined fee. Customer agrees that any and all driver assignment orders to DSI will be subject to the terms and conditions listed on page 2 and 3 of this agreement. Temporary to full-time: If a customer elects to hire a temp driver from DSI before said temp driver has provided any service to customer, the customer may do so by paying a hire fee of $3900.00. If customer elects to hire any temp driver assigned to them before that temp driver has provided 640 hours of service to customer, customer shall pay DSI a prorated portion of the aforementioned $3900.00. This will be calculated at a rate of $6.09 per hour for the remainder of the 640 hours. Drivers may not be hired by Customer until any and all invoices are paid in full. PART III: General Considerations Drivers Select, Inc. (DSI), an Arkansas Corporation, is the service provider. "Customer' represents the Corporation, entity or person requesting the service. "Driver' is an individual selected by the Customer. "Assign" means to report to the Customer location. "Duties" means the work to be performed by the driver for the Customer. "Qualified" is defined as meeting Federal and State Driver Licensing laws at the time of employment, using reasonable commercial efforts to ensure continued compliance or non -driving staff meeting the Customer's requirements. "Authorized Customer Representative" means individual(s) authorized to sign this agreement on behalf of the customer. For the purpose of the Agreement, DSI drivers are employees of DSI during the term of the Agreement and DSI and Customer will at all times be independent contractors. Only as it relates to the specific issue of Customer's compliance with the Federal Motor Carrier Safety Regulations (49 CFR Parts 382-399), DSI is Customer's agent; and such agency includes shared ownership of DSI's random drug and alcohol testing program for CDL holders. 1. DSI undertakes to assign pre -qualified drivers to perform job tasks and duties as requested by Customer. Final selection of the driver shall be at the discretion and election of the Customer. 2. DSI will verify and maintain all driver application and employment records for the drivers as required by FMSCR-Part 391 for "Qualifications of Drivers". DSI will assure compliance with 49 CFR Part 40 for Transportation Workplace Drug and Alcohol Testing Programs (TWDAP), Office of Drug and Alcohol Policy and Compliance (ODAPC) and pre -employment drug and alcohol testing compliance in accordance with related regulations applicable to current law. 3. This Driver on assignment will be under sole direction and control of the Customer. DSI has no direct or indirect authority to control or oversee the driver once an assignment has been made to the Customer. Once again, final selection of the driver shall be at the discretion and election of the Customer. 4. DSI is not responsible for damages to any goods, vehicles, equipment, other people, cargo, or other related aspects of the job as a result of actions or omissions on the part of the Driver while under the direction and control of the Customer. 5. Customer agrees to honor the employer status of DSI and agrees not to directly or indirectly hire or engage any driver assigned or dispatched under this agreement in the terms covered above (Part II —Temporary to full-time) for a period of 1 year from the last day worked for customer. If an employee under this agreement is hired, the Customer agrees to notify DSI and pay DSI agreed placement fee. Revised 10/21/20 1 ,,' _ %. I'll Drivers' Select o,n.;, woo„�i Mwe c,ry Initials: Page 16 of 1140 Drivers Select, Inc. SERVICE AGREEMENT (continued) 3 6. Customer agrees to provide DSI with a weekly tally of hours and/or miles performed by the driver, using DSI designated forms, no later than 10:00 am of the next Monday following service. Should it become necessary for DSI to affect collection of any amount due, customer agrees to pay all collection costs, interest, cost of litigation and related expenses including reasonable attorney's fees as set by the court. The undersigned agrees the courts of Fayetteville, AR, Washington County have jurisdiction over any and all lawsuits concerning this account and all objections to such jurisdiction are expressly waived. 7. This Agreement supersedes any prior understanding or oral agreements among the parties with respect thereto. The Agreement shall be binding upon and insure to the benefit of the partied hereto and their respective legal representatives, successors, transferees and assigns. This Agreement may be terminated by either party with thirty (30) days prior written notice, provided that any such termination shall not affect any rights or obligations accruing prior to the effective date of termination. 8. All payroll, the paying of weekly wages, income tax, social security tax, unemployment tax, and all Workers Compensation insurance will be maintained and administered by DSI. 9. All invoices are subject to payment terms of Due Upon Receipt. 10. Please give a detailed description of: Customer's operations Residential & Commercial recycling pickup, as well as varies other duties and assignments set fourth by the City of Fayetteville. DSI employee's duties to be performed: Follow all City and DOT rules and regulations. Manually load recycle materials into recycle truck, as well as varies other duties and assignments set fourth by the City of Fayetteville. Any special requirement for the Customer (i.e. hard hats, safety vests, check in procedures) Steel toed boots or shoes, neat appearance, no obscene t-shirts. Shorts are okay. Gloves provided by the city. Dress code may vary depending on assignment. Customer agrees that any/all orders to DSI will be subject to the terms and conditions of this Service Agreement in full. Drivers Select, Inc. Print Name Lisa Bohanan Title Dispatch/Recruiting Manager Date 09/27/2023 Signature / ,. &3;k�,07 � Revised 10/21/20 Customer Name: Print Name Title Date Signature Qhverst Select Page 17 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: September 27, 2023 SUBJECT: Hiring NWA — Temporary Employment Service RECOMMENDATION: BACKGROUND: CITY COUNCIL MEMO 2023-1139 In 2020 the City of Fayetteville issued RFP 20-10 to solicit temporary staffing services. Proposals were received from and contracts were authorized with Tech Staffing Services and 1 It Employment, but neither company offers temporary CDL Drivers. Contracts with TEC Staffing Service and 1st Employment run through December 15, 2025. DISCUSSION: Due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing companies that specialize in CDL drivers. The City's current temporary staffing service providers stated that they would not provide licensed CDL drivers, and the City is offering agreements to both firms in northwest Arkansas that provide the temporary staffing of CDL drivers. Competitively soliciting proposals for temporary CDL drivers is not feasible at this time due to the necessity for continuity of operations. Hiring NWA specialized in temporary staffing including CDL drivers in Northwest Arkansas. The term of the agreement with Hiring NWA would run through December 15, 2025 to coincide with the other temporary staffing agreements. BUDGET/STAFF IMPACT: Various City Divisions and Departments have budgets allocated for temporary staffing. ATTACHMENTS: SRF (#3), HNWA and City of Fayetteville (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 18 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1139 Hiring NWA — Temporary Employment Service A RESOLUTION TO WAIVE THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZE A CONTRACT WITH HIRING NWA, LLC FOR CDL DRIVERS ON AN AS - NEEDED BASIS THROUGH DECEMBER 15, 2025 WHEREAS, in 2020, the City issued RFP 20-10 to solicit temporary staffing services and entered into contracts with TEC Staffing Service and 1 st Employment through December 15, 2025; and WHEREAS, due to an ongoing shortage of CDL drivers, staff sought additional proposals from temporary staffing companies that specialize in CDL drivers; and WHEREAS, the City's current temporary staffing service providers stated that they would not provide licensed CDL drivers and competitively soliciting proposals for temporary CDL drivers is not feasible at this time due to the necessity for continuity of operations; and WHEREAS, staff recommends contracting with both firms in northwest Arkansas that provide the temporary staffing of CDL drivers, including Hiring NWA, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives competitive bidding and authorizes Mayor Jordan to sign a contract with Hiring NWA, LLC to provide temporary CDL drivers on an as -needed basis through December 15, 2025. Page 1 Page 19 of 1140 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2023-1139 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/25/2023 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Staff recommends waiving competitive bidding to authorize a contract with Hiring NWA for hiring Commercial Drivers License (CDL) drivers for various City Divisions and Departments 5500.750.5000-5130.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Recycling & Trash Collections Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Project Title $ 61,000.00 $ 61,000.00 tit nnn n, V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 20 of 1140 H RING Staffing and Recruiting Hiring NWA, LLC Staffing Agreement Hiring NWA (Staffing Firm), with its principal office located at 2084 S Armstrong, Fayetteville, AR and City of Fayetteville, Arkansas principal location at 113 W Mountain St, Fayetteville, AR agree to the terms and conditions set forth in this Staffing Agreement (the "Agreement"). Hiring NWA Duties and Responsibilities Staffing Firm, Hiring NWA, LLC, (hereby referred to as "Hiring NWA") will: a. Recruit, screen, interview, hire, and assign its employees ("assigned employees") to client to perform the type of work pursuant to its written specifications and job duties under Client's supervision at specified work location. b. Pay Assigned Employees' wages and provide them with any benefits as eligible through Hiring NWA. Payroll will be done weekly. r. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers' compensation benefits; and handle unemployment and workers' compensation claims involving Assigned Employees and comply with any applicable legal requirements for hiring employees. d. Additionally, if agreed to in Exhibit A, will conduct skill testing, background checks, motor vehicle checks, drug screening. 2. Client's Duties and Responsibilities: a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services; and intellectual property. b. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without Hiring NWA's express prior written approval or as strictly required by the job description provided to Hiring NWA. c. Provide Assigned employees with a safe work site and provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site. d. Not change Assigned Employee's job duties without Hiring NWA's express prior written approval; and e. Exclude Assigned Employees from Client's benefit plans, policies, and practices, and not make an offer or promise relating to Assigned Employee's compensation or benefits. Payment Terms, Bill Rates, and Fees 1. CLIENT will pay Hiring NWA, LLC for its performance at the rates set forth on Exhibit A and will also pay an additional costs or fees set forth in this Agreement. Hiring NWA will invoice CLIENT for service provided under this Agreement on a weekly basis. Payment is due upon receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CLIENT's signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes Hiring NWA to bill CLIENT for those hours. If a portion of any invoice is disputed, CLIENT will pay the undisputed portion. 2. Assigned Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work or weekend work. Hiring NWA will charge CLIENT special rates for premium work only when an Assigned Employee's work on assignment for the CLIENT, view by itself, would legally require premium pay and CLIENT has authorized, directed, or allowed the Assigned Employee to work such premium work time. CLIENTS's special billing rate for Page 21 of 1140 premium hours will be the same multiple of the regular billing rate as Hiring NWA is required to apply to the Assigned FmnlnvPP'C rPanlar nay rate_ (For example, %NhPn fPrleral IaIA/ regi!1rPG 150% of pay for work exceeding 4D hni_ir5 in;; week, CLIENT will be billed at 150% of the regular bill rate.) If CLIENT uses the services of any Assigned Employee as its direct employee, as an independent contractor, or through any person or firm other than Hiring NWA during or within 60 days after an assignment of the Assigned Employee to Client from Hiring NWA, CLIENT must pay Hiring NWA for the remainder of hours said Assigned Employee has with CLIENT's agreement with Hiring NWA. In Addition to the bill rates specified in Exhibit A of this Agreement, Client will pay Hiring NWA the amount of all new or increased labor costs associated with CLIENT's Assigned Employees that Hiring NWA is legally required to pay — such as wages, henefits, payroll taxes; social program contributions, or charges linked to benefit levels- until the parties agree on new bill rates. Confidential Information I. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CLIENT's confidential information will be imm fi-ri to Hirina NWA because of Assigned FmnlnyPes' access to such information_ Cooperation 1. The parties agree to cooperate fully and to aid the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees. Indemnification and Limitation of Liability 1. To the extent permitted by law, Hiring NWA will defend, indemnify, and hold CLIENT and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys' fees) to the extent caused by Hiring NWA,'s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or the negligence, gross negligence, or willful misconduct of Hiring NWA or Hiring NWA's officers, employees, or authorized agents in the discharge of those duties and responsibilities. Miscellaneous 1. Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement, will remain effective after termination or nonrenewal. 2. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 3. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. 4. This Agreement and the exhibited attached to it contain the entire understanding between the parties and supersede all prior agreement and understandings relating to the subject matter of the Agreement. 5. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. 6. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this agreement. 7. CLIENT will not transfer or assign this Agreement without Hiring NWA's written consent. 8. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of GOD, or any other causes beyond the control of the nonperforming party. Page 22 of 1140 Term of Agreement This Agreement will be in place from the first date on which both parties have executed it and run through December 15, 2025. The agreement may be terminated by either party upon 30 days written notice to the other party, except that, if a party becomes bankrupt or insolvent, discontinues operations, or fails to make any payments as required by the Agreement, either party may terminate the agreement upon 24 hours written notice. Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. CLIENT Hirii g�NWAf Signature Signature Printed Name Printed Name �!\ Title Title �/j fI n 7 rLT Date Date Exhibit A Our Temporary Employees are required to work 380 hours on our payroll before they are eligible to be transferred to the CLIENT's payroll as a full-time employee. If a CLIENT would like to roll over an employee to their payroll prior to completing the 380 hours, CLIENT will pay Hiring NWA the remaining number of hours less the number of hours worked times the difference between the bill rate and pay rate. Rate Schedule For Full -Service Recruiting (example bill rates change as pay rate changes) Hourly Pay Rate General Labor / Drivers Hourly Bill Rate /Mark -Up $18-$25/hr $25.20-$35.00 /hr / 40% Page 23 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1170 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: September 28, 2023 SUBJECT: Approval of a Budget Adjustment for the Midtown Corridor Project Phase 2 RECOMMENDATION: Staff recommends approval of budget adjustment for the Midtown Corridor Project Phase 2. BACKGROUND: The Midtown Corridor is a project in the 2019 Transportation Bond Program and includes several different components. The corridor is 2.3 miles in length and runs in an east -west direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements along Stephen Carr Blvd. and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park was included in the design. The first phase of this corridor included the improvements to Stephen Carr Blvd. and Deane Street from 1-49 to the east side of the new fire station. Construction is complete for this phase. In August of 2022, the City Council approved a contract with Crossland Heavy Contractors, Inc. to provide construction manager at risk pre -bidding services for the second phase of this project. This phase includes the remainder of the overall project scope. On September 19, 2023, the City Council approved a change order to the contract with Crossland Heavy Contractors as well as a budget adjustment. The change order was for the construction phase of the contract. DISCUSSION: The budget adjustment approved along with the construction change order included the entire Guaranteed Maximum Price for the construction of the project plus the contingency to be funded from the Transportation Bond Fund. This budget adjustment was intended to include a portion of the funding to be paid for from the Trail Bond Program. Staff has prepared a budget adjustment to correct the previous budget adjustment and provide the proper funding sources for the project. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 24 of 1140 BUDGET/STAFF IMPACT: The corridor improvements are funded by the Transportation Bond Program and the Trail Bond Program. PURCHASE ORDER DETAILS G/L ACCT PROJECT AMOUNT 4702.860.7218-5809.00 46020.7218.1020 13,600,772.00 4703.860.7218-5814.05 46030.7218.1020 1,600,000.00 TOTAL 14,600,772.00 ATTACHMENTS: SRF (#3), BA (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 25 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1170 Approval of a Budget Adjustment for the Midtown Corridor Project Phase 2 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE MIDTOWN CORRIDOR PROJECT PHASE TWO - 2019 TRAILS BOND PROJECT WHEREAS, in August 2022, the City Council approved a contract with Crossland Heavy Contractors, Inc. to provide construction manager at risk pre -bidding services for the second phase of this project; and WHEREAS, on September 19, 2023 the City Council approved a change order to the contract with Crossland Heavy Contractors as well as a budget adjustment for the construction phase of the contract; and WHEREAS, the budget adjustment approved along with the construction change order covered the entire Guaranteed Maximum Price for the construction of the project plus contingency funded entirely from the Transportation Bond Fund; and WHEREAS, the budget adjustment was intended to include a portion of funding from the Trail Bond Program so a new budget adjustment should be approved to reflect the proper funding sources for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, reflecting the proper funding sources for the Midtown Corridor Project Phase Two. Page 1 Page 26 of 1140 Matt Casey Submitted By City of Fayetteville Staff Review Form 2023-1170 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/28/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of budget adjustment for the Midtown Corridor Project Phase 2. Budget Impact: 4703.860.7218-5814.05 Trails Projects 2022 Bonds Account Number Fund 46030.7218.1020 Midtown Corridor - Deane/Sycamore/Poplar Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,673,310.00 $ 1,557,479.33 115,830,67 $ 1,600,000.00 $ 1,600,000.00 e. 115,830.67 V20221130 Previous Ordinance or Resolution # 200-23 Approval Date: Page 27 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2023 /Org2 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Correction to previously approved budget adjustment for the construction of the Midtown Corridor project. (9/19/23 - Res 200-23; CivicClerk #2023-1026) RESOLUTION/ORDINANCE COUNCIL DATE ITEM ID# 10/17/2023 2023-1170 Nolly Black 912EI2023 2:33 PM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.202398 Account Name 4703.860.7218-5814.05 1,600,000 - 46030 7218.1020 EX Improvements - Trails 4703.860.7999-5899.00 4702.860.7999-5899.00 4702.860.7218-5809.00 (1,600,000) - 1,600,000 - (1,600,000) - 46030 46020 46020 7999 7999 7218.1020 EX EX EX Unallocated - Budget Unallocated - Budget Improvements - Street K:\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\Porter-Deane-Sycamore-Poplar\Council and Committee Actions\Budget Adjustment Revision\2023-1 170 BA Midtown Revison 1 of 1 Page 28 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1089 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: September 27, 2023 SUBJECT: Approval of Change Order 4 with Benchmark Construction of NWA, Inc. for the Nelson Hackett Blvd. Improvements Project RECOMMENDATION: Staff recommends approval of Change Order 4 with Benchmark Construction of NWA, Inc. for the Archibald Yell Blvd. Improvements Project which will increase the contract amount by $23,351.20 and approval of a budget adjustment. BACKGROUND: On May 17, 2022, the City Council approved a contract with Benchmark Construction of NWA, Inc. for the construction of this project. Construction began in July of 2022 and is currently complete. DISCUSSION: After the bid was awarded to Benchmark Construction, their asphalt sub -contractor proposed a reduction in the unit cost price of asphalt overlay if we would consider a 1.5" overlay instead of a thinner 3/4" overlay of Archibald Yell from MLK Blvd. to Rock Street. Staff evaluated the condition of the existing asphalt and the cost of this proposal. It was determined that this change would be a good benefit to the City. This change was covered under change order #3 which left only $22,780.59 of contingency. Change Order 4 is a reconciliation change order which changes the contract quantities to equal the actual constructed quantities. This results in the final contract amount equaling the final project cost. During construction there were minor overruns and underruns of quantities due to unexpected site conditions. The attached change order form lists the overruns and underruns for each of the bid items for the project. Unfortunately, the increase in the construction cost with these changes resulted in the final cost being $570.61 over the remaining contingency amount approved by the City Council. BUDGET/STAFF IMPACT: The City Council approved a construction contingency of $300,000 for this project. Change Orders 1 -3 used $277,219.41 of the contingency. Change Order 4 will use the $22,780.59 remaining in contingency plus $570.61 from the 2019 Transportation Bond Funds. ACCOUNT PROJECT AMOUNT 4602.860.7221-5809.0046020.7221.1010 $ 23,351.20 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 29 of 1140 ATTACHMENTS: SRF (#3), BA (#4), Change Order signed by Benchmark (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 30 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1089 Approval of Change Order 4 with Benchmark Construction of NWA, Inc. for the Nelson Hackett Blvd. Improvements Project A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $23,351.20 FOR WORK ASSOCIATED WITH THE NELSON HACKETT BOULEVARD IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on May 17, 2022, the City Council approved a Resolution authorizing a contract with Benchmark Construction of NWA, Inc. for the construction of the Nelson Hackett Boulevard Improvements Project; and, WHEREAS, Change Order Number 4 is a reconciliation change order which changes the contract quantities to equal the actual constructed quantities for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 4 with Benchmark Construction of NWA, Inc. in the amount of $23,351.20 for work associated with the Nelson Hackett Boulevard Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 31 of 1140 Matt Casey Submitted By City of Fayetteville Staff Review Form 2032-1089 Item ID 10/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/7/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order 4 with Benchmark Construction for the Archibald Yell Blvd. Improvements Project which will increase the contract amount by $23,351.20 and approval of a budget adjustment. Budget Impact: 4602.860.7221-5809.00 Streets Projects 2019 Bonds Account Number Fund 46020.7221.1010 Hwy 71B Corridor - Archibald Yell Safety Impr Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 1,905,026.00 Expenses (Actual+Encum) $ 1,897,695.11 Available Budget $ 7,330.89 Does item have a direct cost? Yes Item Cost $ 23,351.20 Is a Budget Adjustment attached? Yes Budget Adjustment $ 23,352.00 Remaining Budget 1,331.69 V20221130 Purchase Order Number: 2022-424 Previous Ordinance or Resolution # 124-22 Change Order Number: 4 Approval Date: Original Contract Number: 2022-27 Comments: Page 32 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2023 /Org2 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Change Order 4 with Benchmark Construction for the Archibald Yell Blvd. Improvements Project which will increase the contract amount by $23,351.20. COUNCIL DATE ITEM ID# 10/3/2023 2023-1089 Nolly Black 91712023 72:34 PM Budget Division Date TYPE: D - (City Council) JOURNAL#: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.202388 Account Name 4602.860.7221-5809.00 23,352 - 46020 7221.1010 EX Improvements - Street 4602.860.7999-5899.00 (23,352) - 46020 7999 EX Unallocated - Budget K:\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\Archibald Yell Safety Improvements\Council and Committee Items\Change Order 4 RCO\2023-1089 BA Benchmark C04 Archibald Yell 1 of 1 Page 33 of 1140 CITY OF FAYETTEVILLE ARKANS ARKANAS Change Order No. 4 To Contractor: Benchmark Construction The Contract is changed as follows: CHANGE ORDER Contract Title: Archibald Yell Boulevard Improvements Date of Issuance September 6, 2023 ORDINANCE/RESOLUTION:124-22 Effective May 17, 2022 Bid item No. Bid Item Description Previous Estimated Quantity Unit of Measure Conctract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost 8 Undercut and Backfill 600 CY S36.75 87 S36 75 S22,050.00 S3,197.25 9 Rock Excavation 10 CY S400.00 4.75 S400.00 S4,000.00 S1,900.00 14 6 inch Aggregate Base Course 1786 SY S45.04 1986 S45.04 S80,441.44 S89,449.44 16 Asphalt Concrete Hot Mix Binder Course (PG70-22) 314 TON S335.41 282 S335.41 S105,318.74 S94,585.62 17 Concrete Curb and Gutter (Type A, F-6") 1419 LF $73.60 1560 S73.60 S104,438.40 S114,816.00 18 Concrete Curb (Type A) 259 LF S64.36 0- S64,36 S16,669.24 S0.00 19 4 Inch Thick Concrete Sidewalk 539 SY $161.58 613 $161.58 S87,091.6'_ $99,048.54 20 6 Inch Thick Concrete Sidewalk 114 SY S159.12 262.84 $159.12 $18,139.68 S41,823.10 21 Concrete Driveway Aprons 65 SY S326.24 59.56 S326.24 $21,205.60 S19,430.85 22 Concrete Driveway 154 SY $251.56 194.67 $251.56 S38,740,24 S48,971.19 23 Solid Sod 902 SY S6.24 194.0 S6.24 S5,004.48 S12,105.60 24 Seeding 0.3 ACRE S9,896.04 0 S9,896.04 S2,968.81 $0.00 26 6 Inch Pavement Marking (Thermoplastic) 12703 LF S1.52 12769 S1.52 S19,308.56 S19,408.88 27 8 Inch Pavement Marking (Thermoplastic) 243 LF S3.47 38.9 S3.47 S84321 S1,349.83 28 12 inch Pavement Marking (Thermoplastic) 137 LF S13.86 133 $13.86 S1,898.82 $1,843.38 29 24 Inch PaN ement Marking (Thermoplastic, White) 708 LF $27.72 654 S27.72 $19,625.76 S18,128.88 30 lYield Lines (Thermoplastic) 12 LF S34.65 15 $34.65 $415.80 S519.75 31 Pavement Symbols Arrows, Thermoplastic) 16 $485.10 19 S485.10 $7,761.60 S9,216.90 32 Pavement Symbols ( Words, Thermoplastic) 7 EA S554.40 t0 $554.40 S3,880.80 $5,544.00 38 Cast 1n Place Detectable Warning 260 SF SI 17.44 274 $117.44 S30,534.40 $31178.56 39 Handicap Access Ramp 90 SY S134.36 159.28 S134.36 S12,092.40 S21,400.86 42 ACHM Pavement Permanent Repair 67 SY S388.08 142.5 $398.08 S26,001.36 S55,301.40 43 4 Inch Portland Cement Concrete Base 92 SY S137.51 99 $137.51 S12,650.92 S13,613.49 45 Drop Inlet Adjusted to Grade I EA $3,230.77 3 S3,230.77 $3,230.77 S9,692.31 46 Rumble Strips 1656 LF S34.65 1124.91 $34.65 S57,380.40 S38,978.13 47 lRaised Pavement Markers 364 EA $13.86 285 $13.86 S5,045.04 S3,950.10 48 6 Inch Concrete Sidewalk with Integral Retaining Wall 102 SY S540.99 III 1 1 $540.99 S55,180.98 S60,109.40 50 Cast in Place Concrete Retaining Wall 25 SF S105.91 69 S105.91 S2,647.75 S7,307.79 53 E-Net Cable (Exterior CAT 5c) 70 LF S5.54 67 S5.54 $397.80 S371.18 60 ITraffic Signal Cable (5c/14AWG) 1514 LF S2.59 1455 S2.59 $3,921.26 $3,768.45 62 Traffic Signal Cable (20c/14AWG) 430 LF $4 60 551 $4.60 S1,978.00 S2,534.60 63 Metrical Conductors in Conduit (1c/8, AWG, EGC) 481 LF S1.72 539 S1.72 S827.32 $927.08 64 Electrical Conductors in Conduit (Ic/12, AWG, EGC) 275 LF S0.86 220 $0.86 S236.50 S189.20 Page 1 of 2 Page 34 of 1140 Bid item No. Bid Item Description Previous Estimated Quantity Unit of Measure Conctract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost 65 Electrical Conductors in Conduit (2c/6. AWG, EGC) 37 LF S5 16 51 S5.16 S190.92 S263 16 66 Electrical Conduit for Luminaires 650 LF S2 30 766 S2.30 S1,495 00 S1,761.80 67 Galvanized Steel Conduit 14 LF $34.50 0 S34.50 S483.00 S0.00 68 Non Metallic Conduit (2") 37 LF S25.30 56 S25.30 S936.10 S1,416.80 69 Non Metallic Conduit (Y) 460 LF S46.00 680 S46.00 $21,160.00 S31,280.00 70 Concrete Pull Box (Type 2) 4 EA $862.50 0 S862.50 $3,450.00 S0.00 71 Concrete Pull Box (Type I HD) I EA S1,437.50 0 $1,437.50 S1,437 50 S0.00 72 lConcrete Pull Box (Type 2 HD) 2 EA S I,437.50 6 S I,437.50 $2,875.00 S8,625.00 81 Video Cable 901 LF S4.60 766 S4.60 S4,144.60 S3,523.60 86 2" Non Metallic Conduit 1000 LF S18.02 888 S18,02 $18,020.00 $16,001.76 98 Flowable Fill for Abandoned Pipe Lines 435 LF S 16.52 400 $16.52 S7,186.20 S6,608.00 99 8" PVC (SDR-26) Gravity Sewer 450 LF $97.02 457 $97.02 S43,659.00 544,338.14 103 Compacted Class 7 Aggregate Base Coarse for Backfill 250 CY S92.08 265 $92.08 S23,020.00 S24.401.20 104 Water and Sewer Undercut and Backfill 50 CY S360.40 0 $360.40 $18,020.00 $0.00 105 Water and Sewer Rock Excavation 100 CY $325.00 0 $325.00 $32,500.00 S0.00 107 Water Meter and Service Line Relocation 2 EA $3,070.00 3 $3,070.00 $6,140.00 S9,210.00 127 CO #4: Manhole and Valve Box 1 Riser Rings 0 LS $0.00 1 $895.00 $0.00 S895.00 Summation of Cost $956,635.02 $979,986.22 Net Cost $23,351.20 The original Contract Price was $ 2,995,576.53 Net change by previously authorized change orders $ 277,219.41 The Contract Price prior to this Change Order was $ 3,272,795.94 The Contract Price will be increased by _ $23,351.20 The new Contract Price including this Change Order will be - -� $ 3,296,147.14 The Contract Time(s) will be increased by� 0 calendar days Required dates of Completion as of the date of this Change Order therefore are: _ Substantial Completion 19-Apr-23 Final Completion ,-� _ 19-May-23 NOTE:This summary does not reflect changes in the Contract Price or Times(s) which have been authorized by Work Change Directives not incomporated in this or previous Change Orders. Be , mark Constriction CITY OF FAYETTEVILLE DATE BY DATE Page 2 of 2 Page 35 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1088 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: September 21, 2023 SUBJECT: Ingram Micro Inc. — Nutanix Server Software Renewal for Noland and West Side Wastewater Treatment Facilities RECOMMENDATION: Staff recommends approval of the renewal of Nutanix server software license renewal for the Noland and West Side Water Resource Recovery Facilities from Ingram Micro Inc. in the amount of $63,732.11 plus applicable taxes, approval of a project contingency in the amount of $10,000.00, and approval of a budget adjustment. BACKGROUND: Nutanix is the software that runs the device servers at the wastewater treatment facilities, it's the heart of the SCADA system and it runs the City's VTScada software. It communicates with all of the control devices in the field, allows for operators to see the status of devices at the treatment facilities from a software interface. A software support contract and security updates are included with the Nutanix server software renewal. DISCUSSION: Ingram Micro submitted a quote in the amount of $63,732.11 plus applicable taxes for a 3-year renewal of Nutanix server software. This will operate the device servers, provide support service, and security updates for both wastewater treatment facilities through November 2026. Staff recommends a 3-year renewal of Nutanix server software renewal in the amount of $63,732.11 plus applicable taxes from Ingram Micro Inc., approval of a project contingency in the amount of $10,000.00, and approval of a budget adjustment. BUDGET/STAFF IMPACT: A budget adjustment is attached to move funds from the Plant Pumps and Equipment account to the WWTP Contract — Direct Purchases accounts within the Water & Sewer fund which will cover the cost of the 3-year software renewal. ATTACHMENTS: SRF Ingram Micro - Nutanix software (#3), BA Ingram Micro - Nutanix software (#4), Quote from Ingram Micro (#5), Quote from Arrow Electronics (#6), Quote from AVT Technology Solutions (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 36 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1088 Ingram Micro Inc. — Nutanix Server Software Renewal for Noland and West Side Wastewater Treatment Facilities A RESOLUTION TO APPROVE A THREE YEAR RENEWAL OF THE CITY'S NUTANIX SERVER SOFTWARE LICENSE FOR THE NOLAND AND WEST SIDE WATER RESOURCE RECOVERY FACILITIES WITH INGRAM MICRO INC. FOR THE TOTAL AMOUNT OF $63,732.11 PLUS APPLICABLE TAXES, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Nutanix is the software that runs the device servers at the wastewater treatment facilities; and WHEREAS, Ingram Micro submitted a quote for a 3-year renewal of Nutanix server software that will operate the device servers, provide support service, and security updates for both wastewater treatment facilities through November 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a 3-year renewal of the City's Nutanix server software license for the total amount of $63,732.11 plus applicable taxes with Ingram Micro Inc., and further approves a project contingency in the amount of $10,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 37 of 1140 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-1088 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/21/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the renewal of Nutanix server software license renewal for the Noland and West Side Water Resource Recovery Facilities from Ingram Micro Inc. in the amount of $63,732.11 plus applicable taxes, approval of a project contingency in the amount of $10,000.00, and approval of a budget adjustment. Budget Impact: 5400.730.5110-5328.01 5400.730.5120-5328.01 Water and Sewer Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 49,012.00 $ 31,647.92 17,364.08 $ 79,945.99 $ 79,946.00 17,364.09 Previous Ordinance or Resolution # Approval Date: Comments: Taxes are estimated at $6,213.88, the estimated total cost is $69,945.99 plus a contingency of $10,000.00. V20221130 Page 38 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number WASTEWATER TREATMENT (730) /Org2 2023 Requestor: Shea Fankhouser BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed in the Water & Sewer fund's budget to move funds from the Plant Pumps and Equipment account to the WWTP Direct Purchases accounts within Division 730. This budget adjustment will allow for the cost of the Nutanix server software renewal to be split between Programs 5110 and 5120. COUNCIL DATE: 10/17/2023 ITEM ID#: 2023-1088 Holly Black 912212023 5:56 RIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202388 Account Name 5400.730.5110-5328.01 39,973 - EX WWTP Contract - Direct Purchases 5400.730.5120-5328.01 5400.730.5800-5801.00 39,973 - (79,946) EX 02069 1 EX WWTP Contract - Direct Purchases Fixed Assets I of 1 Page 39 of 1140 IRLOPAM: Thank you for contacting Ingram Micro. We value your business greatly and will continue to deliver the services you need to retain it. This quote is not intended to represent the entire conversation; only what was relevant to th solution you requested. We make every effort to provide a complete and correct solution. However, the accuracy of the solution provided is dependent on the information gathered. If relevant information is not provided by our customer, Ingram Micro cannot be held responsible. We urge you to review this quote fully, to ensure it reflects all of your required specifications. If you have additional questions, please contact your designated Ingram Micro contact. Remember to reference your Quote Number. Call reference # • • :r :r. To ensure fastest and most accurate processing of your order, Quote: QUO-16859580-W1Y8D6 -0 please provide the quote# at the time of purchase Name: Nutanix - CTO QUOTE - XQ-2106957 Customer Name:JACOBS TECHNOLOGY INC Currency: US Dollar Effective From: 9/15/2023 Send Date: 09/15/2023 Vendor Bid Expiry Date:11/26/2023 End User Name: City of Fayetteville - AR Special Pricing Information: Special Pricing NumbekQ-2106957 Start Date: 9/15/2023 Expiry Date: 11/26/2023 Customer Question: Nutanix Solution Comments: 'AII Nutanix POs must have End User PO#, Contact Name, Phone Number and Email Address for processing. 'Shipping Estimate - Charges are subject to change based on current shipping rates and Customers are responsible for freight. -$275 per platform for standard 3 day shipping. -$325 per platform for expedited 2 day shipping -$450 per platform for expedited overnight shipping 'AII orders related to this quote are non -cancelable and non -returnable. Item # SKU Manufacturer Mfr. Part # City Description and Product Into Discount*' Avail. Qty MSRP Ext MSRP Price Ext Price Comments RENEWAL LICS SLIC SN#: Product stocked by manufacturer. 20SW000146462 1 9HH792 NUTANIX R-SW-AOS- 1 Delivery times vary. 0 $197,752.00 $197,752.00 $56,578.80 $56,578.80 Term: 11/27/2023 STR-PRD Country of Origin: (None) 4:00:00 PM thru Weight: 0.00 11/26/2026 4:00:00 Dim Weight: 0.00 PM RENEWAL LICS SLIC Product stocked by manufacturer. SN#: R-L-CORES- Delivery times vary. LIC-00931671 Term: 2 9HH793 NUTANIX STR-PRD 96 0 $0.01 $0.96 $0.01 $0.96 11/27/2023 4:00:00 Country of Origin: (None) PM thru 11/26/2026 Weight: 0.00 4:00:00 PM Dim Weight: 0.00 RENEWAL LICS SLIC Product stocked by manufacturer. SN#: R-L- Delivery times vary. LIC-00931672 Tenn: 3 9HH794 NUTANIX FLASHTIB- 11 0 $0.01 $0.11 $0.01 $0.11 11/27/2023 4:00:00 STR-PRD Country of Origin: (None) PM thru 11/26/2026 Weight: 0.00 4:00:00 PM Dim Weight: 0.00 NUTANIX PROD HW SUP RNWL SN#: Svcs 20FM6L260022, Product stocked by manufacturer. 20FM6L260044 4 7TU986 NUTANIX RS-HW-PRD- 2 Delivery times vary. 0 $4,033.03 $8,066.06 $3,576.12 $7,152.24 Term: 11/27/2023 MY Country of Origin: (None) 4:00:00 PM thru Weight: 0.00 11/26/2026 4:00:00 Dim Weight: 0.00 PM Products/ NO $205,819.13 $63,732.11 services Total Total I I$63,732.11 Purchase this for $63,732. 11 or lease for $2,230.62 per month. M Pricing & Ordering Information For specific pricing and to order the above products, you may • Call the Ingram Micro Sales department at 1.800.456.8000 Your PO number ' End user company name Your fax number ' End user address Shipping instructions ' End user contact End user PO number ' End user contact email address End user license, contract or authorization number ' End user contact phone number End user contact fax number Thank you for your order! This offer to sell the listed product(s) is subject to product availability and Ingram Micro's standard terms and conditions that are published httos:Hoorp.inarammicro.com/en-us/legal/sales tagxices are subject to change without notice. Please contact the Ingram Micro Sales desk at 1.800.456.8000 if you have any additional questions. • Leasing Information Win more opportunities by offering your customers flexible financing solutions with Ingram Micro Financial Solutions. • Learn more about Ingram Micro Leasing Program • Contact a leasing specialist today at 877-877-0035 or emaifinancialsolutions(rDingrammicro.com Calculate the leasing terms for your end user by visiting the Xvanteoe Finance Calculator Page 40 of 1140 Arrow Quote Arrow Quote#:SWS14877577-V1 Reseller: JAC0B3 TECHNOLOGY INC-1042402 ISR: Srlkantlan, Suwarna Suppller Opp#: OPTY40798278 Contrac[Start Date: 27-140-23 Quote Name: NUTANIX_Jaoobs Technology Inc_City of Entl USedst: Cary of Fayegevllk -AR 18R Phone: Suppler Quote#: XQ-2108482 Con— End 0— 26-NOV-26 Fayetteville -AR-Renewal Nov 2023 Arrow 2.0_XQ-2108482 Quote Currency: USD Reglon: US End User State/Province: Supplier Contract No: Billing Fmquency: Quote Expiration Oats: 26-hlo/ 3 Quote Ganamtion-158EP-29 Sag—.: End USar Att#tFAt: R—HerOpportunity Nomb— Notes: t RSW-AOSSTR-PRD Subscription Renewal, Acropolis AOS starter 20SW00014fi462 a1 1112]2023 11/26I2026 1,096 $19],]52.00 $19],]52.00 $19],]52.00 ]0.]9% $5],]89.82 $5],]89.82 Software License Production Sofiwam Suppod Service 2 R-L-CORESSTR-PRD Subscription Renewal, Acropolis AOS Starter LIC-00931671 96 11YP/2023 11/28/2026 1,W6 soon Woo $0.W $0.00 Software Licansa Production Sofiwme Suppod Service for 1 CPU core 3 R-L-FLASHTIB-STR-PRD Subscription Renewal, Acropolis AOS sooner LIC-00931812 11 11YP/2023 11/28/2026 1,W6 soon Woo $0.W $0.00 Software Licansa Production Software Suppod Service for 1 TO of flash 4 RS-HW-PRD-MY 2MT Production Level Mul9 Year HW Support MFM61260022 1 11YP/2023 11/28Y2026 1,098 $4,033.03 $4,033.03 $4,033.03 9.46% $3,651AI $3,651Al Renewal for Nutanu HCI appliance 5 RS-HW-PRD-MY 24!7 Production Level Multi Year HW Support 20FM6L260044 1 11/27/2023 11/26/2026 11.6 $4,033.03 $4.033.03 $4.033.03 9.46% $3,651.41 $3,651.41 Renewal for Nutanix HCl appliance Total $205,318.08 $85,012.84 Legal Notification: This is a computer generated document, no signature is required. ARROWS TERMS AND CONDITIONS OF SALE Arrow's Terms and Conditions are located at httos://www.arrow.wm/entleaal/temsof-use This order is hereby governed by Arrow's Terms and Conditions of Sale Unless there is a signed agreement between the parties, in which case the signed agreement shall govem. The Arrow's Terms and Conditions of Sale can be accessed in additional languages: • English: httos://www.arrow.wm/entlegal/temsand-mnditionsof-sale • Spanish: httos://www.amow.wm/es-mx/lecagterms-and-conditions-of-sale • French Canadian: httos://www.arrow.comRr-fr/leaal/terms-and-conditions-of-sale Page 41 of 1140 Tech Datd / 9/15/2023 Mayo Miller Jacobs Space Exploration Group AVT Technology Solutions, LLC Quotation #: 125363215-1 410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Thank you for your inquiry. We are pleased to provide you with this quote, which is not an order or offer to sell. Until you issue a purchase order and AVT Technology Solutions LLC ("AVT TS") or Tenva TS Canada ULC ("Tenva"), which are wholly owned subsidiaries of Tech Data Corporation, accepts it, there is no contract for sale. Unless you have an existing agreement with AVT TS or Tenva, this quote is governed by the commercial terms of sale located at https://tdcontent.techdata.com/content/visitor/abouttd/conditions.aspx. This summary section and all attachments are incorporated to form the entire quotation and supersede all prior communications between the parties, regardless of form. Further, AVT TS and Tenva are not responsible for compliance with regulations, requirements or obligations associated with any contract resulting from this quotation. Some Tech Data Vendors require that our customers agree to certain terms before we can sell the Vendors' Products. By submitting a purchase order to Tech Data, you are acknowledging, as an authorized representative of your company, that you have read and agree to be bound and abide by any applicable terms located at https://tdcontent.techdata.com/reseller/secure/ commerce/promos/vendor-pass. aspx Orders may be returned via: R2O referencing "14588581-14904242" or by way of your normal ordering process This quote has been prepared by: Tod Tussey Tod.Tussey@tdsynnex.com +14809363106 Make it Easy for your Client to buy the Solution they need; Give Them a Way to Pay! Contact our Financing Specialists to leverage our variety of Financing Solutions. Call 1-800-307-4588 or email financingteam@techdata.com to discuss options and request an End User proposal for the entire project. Any and all products contained in this quote are non -cancelable and non -returnable ("NCNR"). Customer agrees that by issuing a purchase order against this quote, Customer forfeits its ability to cancel the order or return any of the products. Quote #: XQ-2108462 XQ-2108462-City of Fayetteville - AR Renewal Nov 2023 JacobsAVT 2.0-City of Fayetteville - AR https://www.techdata.com/channelconnection Page I of I I Page 42 of 1140 Tech Datd / Oppty ID: OPTY-00798278 Start DatejjaZ/2023 End Date 11/26/2026 Quotation Summary: NUTANIX QUOTE Subtotal: Quote Total: AVT Technology Solutions, LLC Quotation #: 125363215-1 410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 $64,394.93 $64,394.93 $64,394.93 Applicable sales taxes and Environmental Fees(where applicable) are not included.(If Hawaii excise taxes are applicable, rates are as follows, .05% for Wholesale transactions and 4% for Retail transactions) Your quotation details are referenced on the following pages. '/www.techdata.com/channelconnection Page 2 of 1 1 Page 43 of 1140 Tech Data AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Quoted For: Jacobs Space Exploration Group 620 Discovery Dr NW Ste 140 Huntsville, AL 35806-2816 NUTANIX End User: CITY OF FAYETTEVILLE 113 W Mountain St FAYETTEVILLE, AR 72701-6069 Currency: USD Line Qty Part Number Service Serial #Description Unit List Ext List Unit Price Ext Price Start Date End Date Product Type No. 1 1 R-SW-AOS- 20SW0001464 SUBSCRIPTI STR-PRD 62 ON RENEWAL, ACROPOLIS (AOS) STARTER SOFTWARE LICENSE & P RODUCTION SOFTWARE SUPPORT SERVICE $197,752.00 $197,752.00 $57,168.17 $57,168.17 11/27/2023 11/26/2026 Software https://www.techdata.com/channelconnection Page 3 of 11 Page 44 of 1140 Tech Data AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Line Qty Part Number Service Serial #Description Unit List Ext List Unit Price Ext Price Start Date End Date Product Type No. 2 96 R-L-CORES- STR-PRD LIC-00931671 SUBSCRIPTI ON RENEWAL, ACROPOLIS (AOS) STARTER SOFTWARE LICENSE & P RODUCTION SOFTWARE SUPPORT SERVICE FOR 1 CPU CORE $0.00 $0.00 $0.00 $0.00 11/27/2023 11/26/2026 Software Pa https://www.techdata.com/channelconnection ge 4 of 1 1 Page 45 of 1140 Tech Data AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Line Qty Part Number Service Serial #Description No. 3 11 R-L- LIC-00931672 SUBSCRIPTI FLASHTIB- ON STR-PRD RENEWAL, ACROPOLIS (AOS) STARTER SOFTWARE LICENSE & P RODUCTION SOFTWARE SUPPORT SERVICE FOR 1 TIB OF FLASH 4 2 RS-HW-PRD- 20FM6L26002 24/7 PRODUC MY 2,20FM6L2600TION LEVEL 44 MULTI YEAR HW SUPPORT RENEWAL FOR NUTANIX HCI APPLIANCE Unit List Ext List Unit Price $0.00 $0.00 $0.00 Ext Price Start Date End Date Product Type $0.00 11/27/2023 11/26/2026 Software $4,033.03 $8,066.06 $3,613.38 $7,226.76 11/27/2023 11/26/2026 Services https://www.techdata.com/channelconnection Page 5 of 11 Page 46 of 1140 Tech Data AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Line Qty Part Number Service Serial #Description Unit List Ext List No. Subtotal: $205,818.06 Solution Total: $205,818.06 Category Ext List Ext Price Total Services: $8,066.06 $7,226.76 Total Software: $197,752.00 $57,168.17 Total: $205,818.06 $64,394.93 Unit Price Ext Price Start Date $64,394.93 $64,394.93 End Date Product Type https://www.techdata.com/channelconnection Page 6 of 11 Page 47 of 1140 Tech Datd / Quotation Summary: NUTANIX QUOTE Subtotal: Quote Total: AVT Technology Solutions, LLC Quotation #: 125363215-1 410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Customer, by its signature below, places its order to TS for the products and services in this Quote. By Purchase Order Number (authorized signature) Name Special Pricing/Promo # (please print) Title Payment Terms Date Authorization $64,394.93 $64,394.93 $64,394.93 Orders may be returned via: R20 referencing "14588581-14904242" or by way of your normal ordering process /www.techdata.com/channelconnection Page 7 of I I Page 48 of 1140 Tech Data � AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 The End User and Shipping Information on this page will assist AVT Technology Solutions LLC, and its subsidiaries ("TS" or "Advanced Solutions") in arranging for delivery of your order. The Order Information will let TS know the value add and promotions you believe apply to this order, and the payment program you request. TS' approval of your requested payment program will be communicated in accordance with the procedures that apply to such program. Please complete the information on this page and return it with your order. End User Information Name: Address: Contact Name: Contact Phone: Email Address: Freight Delivery Method: Special Shipping Comments: Inside Delivery Information Delivery Hours? Will the customer's dock accomodate a 48 foot trailer? Is there a loading dock? If no loading dock, is Liftgate Truck required? If no loading dock, is Ramp required? Is the computer room located on the main floor? If not on main floor, what floor?; If not on main floor, is an elevator available? If not on main floor, is a stair climber required? Shinuine Information Name: Address: — Contact Name: Contact Phone: Email Address: AM to _PM Yes/No Yes/No Yes/No Yes/No Yes/No Floor(lst, 2nd, etc.) Yes/No Yes/No '/www.techdata.com/channelconnection Page 8 of I I Page 49 of 1140 Tech Data � AVT Technology Solutions, LLC Quotation #: 125363215-1 P410 E Rivulon Blvd. Suite 201 Request #: 14588581-14904242 Gilbert, AZ, 85297 Expiration Date: 11/26/2023 Are special floor coverings required? Is Yes, type of floor? Yes/No https://www.techdata.com/channelconnection Page 9 of I I Page 50 of 1140 Tech Data j AVT Technology Solutions, LLC P410 E Rivulon Blvd. Suite 201 Gilbert, AZ, 85297 Quotation #: 125363215-1 Request#:14588581-14904242 Expiration Date: 11/26/2023 https://www.techdata.com/channelconnection Page 10 of 11 Page 51 of 1140 Tech Data � AVT Technology Solutions, LLC P410 E Rivulon Blvd. Suite 201 Gilbert, AZ, 85297 AVT's Return Policy Quotation #: 125363215-1 Request #: 14588581-14904242 Expiration Date: 11/26/2023 -If TS made an error on your order, we will give you an RMA to return it at your request. -Customer convenience returns will be considered on a case by case basis. -When you know you have product to return, ask for the RMA as soon as you can. The quicker we work together on the issue, the more likely we will achieve a successful resolution together. -We request that the product is returned within 14 days in order to mitigate risk for TS and our partners. -When opening packages from TS, please take care to retain packaging in the event that a return becomes necessary. -Please put the RMA number on the shipping label of the outside carton when returning product. We cannot accept returns without an RMA number clearly marked. -TS reserves the right to charge a restocking or handling fee. -TS' workmanship on integrated orders is warranted for one full year from date of shipment. How to Request an RMA: You can request an RMA by emailing your request to the TS Return Support Center at ATS-RSC-TS@techdata.com, or by submitting a request on Channel Connection. https://www.techdata.com/channelconnection Page I 1 of I I Page 52 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2023-1133 THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: September 29, 2023 SUBJECT: McClelland Consulting Engineers, Inc. - Amendment No. 3 for the West Water Transmission Main Project RECOMMENDATION: Staff recommends approval of Amendment No. 3 in the amount of $1,446,340.00 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. for Final Engineering Design for the West Corridor Water Transmission Line Project, and approval of a budget adjustment. BACKGROUND: The City of Fayetteville owns and operates two parallel water transmission lines from Beaver Water District (BWD) in Lowell that enter from the northeast corner of the City. These lines are a 36-inch pipe installed in 1967 and a 42-inch pipe installed in 1993. BWD intends to build a western water distribution point near HWY- 112 and the newly constructed Springdale Northern Bypass, HWY-612. This facility will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical redundancy, and overall utility resiliency. Fayetteville's 11.3-mile connection to the proposed BWD facility has been identified in water master plans for many years, but the timeline was previously unknown. In 2012, the City of Fayetteville hired McClelland Consulting Engineers (MCE) to establish a preliminary alignment for a waterline along this western corridor (Res. 120-12) and begin easement acquisitions. The contract was amended in 2021 (Res. 179-21) to increase funds for appraisals and acquisition support and again in 2022 to bring the design up to 30% (Res. 200-22). DISCUSSION: In July 2023 the Arkansas Department of Agriculture Natural Resources Division (ANRD) approved $85M of low interest rate funding through the state's drinking water Revolving Loan Fund program. In July, the City conducted a formal Engineering Selection Committee meeting (RFQ 23-05) and selected Garney to provide CMAR services for the project. Amendment No. 3 with McClelland will allow the detailed design to progress from 30% to 100%, including all related permitting and coordination with state and federal agencies, coordination with Garvey during CMAR preconstruction services, and release of early procurement specifications. A detailed scope and fee narrative and schedule have been provided with the amendment document. This amendment consists of $1,446,340.00 in engineering services, increasing the total contract amount from Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 53 of 1140 $1,547,085.00 to $2,993,425.00. BUDGET/STAFF IMPACT: Budgeted Funds will be transferred from the Sanitary Sewer Rehabilitation account to the West Water Transmission Line project to cover the cost of this item. ATTACHMENTS: SRF (#3), BA (#4), Revised BA (#9), Amendment No. 3 - West Transmission Main - FINAL (#5), 120-12 RESOLUTION (#6), 179-21 RESOLUTION (#7), 200-22 RESOLUTION (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 54 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1133 McClelland Consulting Engineers, Inc. - Amendment No. 3 for the West Water Transmission Main Project A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $1,446,340.00 FOR FINAL ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in 2012, the City Council approved Resolution 120-12 to approve the contract with McClelland Consulting Engineers to establish a preliminary alignment for waterline along the Western corridor and begin easement acquisitions; and WHEREAS, in 2021 the City Council approved Resolution 179-21 to increase funds for appraisals and acquisition support; and WHEREAS, in 2022 the City Council approved Resolution 200-22 to increase funds again for appraisals and acquisition support; and WHEREAS, Amendment No. 3 will allow the detailed design to progress from 30% to 100%, including all related permitting and coordination with state and federal agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 3 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the total amount of $1,446,340.00 for final engineering design for the West Corridor Water Transmission Line Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 55 of 1140 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-1133 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Amendment No. 3 in the amount of $1,446,340.00 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. for Final Engineering Design for the West Corridor Water Transmission Line Project, and approval of a budget adjustment. Budget Impact: 5400.720.5600-5314.00 Water & Sewer Account Number Fund 18015.2201 West Water Transmision Line Project Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ 766,177.00 Expenses (Actual+Encum) $ 766,177.00 Available Budget Item Cost $ 1,446,340.00 Budget Adjustment $ 1,446,340.00 Remaining Budget V20221130 2021-460 Previous Ordinance or Resolution # 200-22 3 Approval Date: 2021-42 Page 56 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number WATER SEWER (720) /Org2 2023 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the final engineering design for the West Corridor Water Transmission Line Project. Budgeted funds from the Water Impact Fee Improvement Project will be transferred and utilized for a majority of the cost of this project. This project will increase capacity and meets the requirements to utilize Impact Fee Budgeted Funds. Budgeted funds from the Water System Rehabilitation and Replacement project will also be transferred to cover the cost of this project. COUNCIL DATE: ITEM ID#: 10/17/2023 2023-1133 Kevin Springer 912912023 10:57 ANI Budget Division TYPE: JOURNAL#: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 1,792,680 1,792,680 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 5400.720.5600-5314.00 1,096,340 - 18015 2201 EX Professional Services 5400.720.5600-6602.30 2300.720.9300-7602.40 - 1,096,340 1,096,340 - 18015 07002 2201 8015.2201 RE EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Fund 2300.720.9300-4999.99 5400.720.5600-5314.00 - 350,000 696,340 - 18015 2201 RE EX Use Fund Balance - Current Professional Services 5400.720.5600-5808.00 2300.720.9300-5808.00 (350,000) (400,000) - - 12009 07002 1 1 EX EX Improvements - Water Line Improvements - Water Line I of 1 Page 57 of 1140 Received By Shea Fankhouser 10/02/2023 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2023 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the final engineering design for the West Corridor Water Transmission Line Project. Budgeted funds from the Sanitary Sewer Rehabilitation project will be transferred to cover the cost of this project. COUNCIL DATE ITEM ID# 10/17/2023 2023-1133 RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.202398 Account Name 5400.720.5600-5314.00 1,446,340 - 18015 2201 EX Professional Services 5400.720.5700-5815.00 (1,446,340) - 02017 1 EX Improvements - Sewer C:\Users\jshelton\Desktop\Revised BA a 1of1 Page 58 of 1140 Amendment No. 3 to the Engineering Services Agreement for Water Transmission Line Layout and Easement Acquisition Date: WHEREAS, the CITY OF FAYETTEVILLE and McClelland Consulting Engineers, Inc. (ENGINEER) entered into an Agreement for Professional Engineering Services (AGREEMENT) on June 5, 2012; and, WHEREAS, the CITY OF FAYETTEVILLE and ENGINEER entered into Amendment No. 1 to the AGREEMENT on July 6, 2021 to perform additional services outside of the scope of the AGREEMENT; and, WHEREAS, the CITY OF FAYETTEVILLE and ENGINEER entered into Amendment No. 2 to the AGREEMENT on September 6, 2022 to perform additional services outside of the scope of the AGREEMENT; and, WHEREAS, the CITY OF FAYETTEVILLE has requested that ENGINEER perform additional services outside of the scope of the AGREEMENT, Amendment No. 1 and Amendment No. 2. NOW THEREFORE, the following modifications will be made to the AGREEMENT to include the additional services requested: MODIFICATIONS: 1. Section 2.2.1 — the additional scope of services is included in the attached Appendix "A-1 ". 2. Section 5.1.1 —the maximum not -to -exceed amount is increased from $1,547,085.00 to $2,993,425.00. Modifications to compensation are included in the attached Appendix "A-1 ". IN WITNESS WHEREOF, the parties execute this Amendment No. 3, to be effective on the date set out above. McClelland Consulting Engineers, Inc BY: Nicholas R. Batker, P.E. Senior Associate City of Fayetteville, Arkansas mm Mayor Lioneld Jordan Page 59 of 1140 APPENDIX A-1 — SCOPE OF ADDITIONAL SERVICES AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT FOR THE WEST CORRIDOR WATER TRANSMISSION MAIN 1.0 General The ENGINEER is currently under contract with the CITY OF FAYETTEVILLE to perform preliminary design services for the future 48-inch water transmission main extending from Highway 112 (between Van Asche Drive and Truckers Drive) in Fayetteville to the future Beaver Water District (BWD) pump station located north of the intersection of Highway 612 and Miller Road in Springdale. The total length of this pipeline is approximately 59,700 linear feet, or 11.3 miles. The CITY OF FAYETTEVILLE's goal is to have this pipeline installed and ready to be placed into operation by the first quarter of 2026. In an effort to meet this deadline, the CITY OF FAYETTEVILLE has recently selected a Construction Manager at -Risk (CMAR) to perform preconstruction services, potential early materials procurement and/or work packages, and overall construction management services. In addition, the CITY OF FAYETTEVILLE recently accepted an $85 million loan for this project from the Drinking Water State Revolving Loan Fund (DWSRF), administered by the Arkansas Department of Agriculture, Natural Resource Division (ANRD). The loan must be closed including first disbursement of funds on or before July 1, 2024 in order to obtain the 1.75% interest rate offered. In order to continue assisting the CITY OF FAYETTEVILLE with this project, the following scope of additional services covers the effort required by the ENGINEER to complete the final design phase for the water transmission main in order to meet the loan closing deadline and overall project schedule. ENGINEER's services in this Amendment No. 3 shall meet the DWSRF program requirements. 2.0 Scope of Additional Services 2.1 Project Management and Coordination The ENGINEER will continue to provide project management and coordination services to the CITY OF FAYETTEVILLE in this Amendment No. 3. The following services are included in this task: • Conduct progress meetings with the CITY OF FAYETTEVILLE and CMAR. At this time, it is assumed that progress meetings will be held biweekly; however, the ENGINEER is available to meet more frequently if required. A total of twenty-four (24) progress meetings have been assumed for this scope. • Attend up to three (3) Fayetteville Water & Sewer Committee meetings. • Attend up to twelve (12) meetings with other stakeholders such as BWD, Springdale Water Utilities, Arkansas Department of Transportation (ARDOT), Washington County, Benton County and the cities of Tontitown, Springdale and Elm Springs. • Attend up to fifteen (15) meetings with property owners to assist in negotiating and finalizing easements required for the project. Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 1 of 7 9/24/2023 Page 60 of 1140 • Coordinate with ANRD on meeting DWSRF program requirements. This shall include items such as Memorandum of Agreement preparation assistance, period progress updates, etc. • Prepare and submit invoices with monthly progress summaries. Up to twelve (12) summaries are assumed. 2.2 Additional Surveying Services As part of the Amendment No. 2 scope of work, the ENGINEER performed additional topographic surveys to cover changes in alignment and/or grades that occurred since the original project corridor topographic surveys were completed in 2013-2014. Under this Amendment No. 3, the ENGINEER will perform necessary surveys to complete the final design of the project and final easement acquisitions. Services shall include: • Additional mapping of surface features identified by the ENGINEER and/or CMAR that are required to finalize the design drawings. • Field ties to potholed utilities identified by the ENGINEER and/or CMAR. • Staking of proposed permanent and/or temporary easements requested by the property owner. Project control points used to complete additional surveys will be shown for future use during construction. The ENGINEER will contact Arkansas 811 and wait the allotted 48 hours prior to beginning the survey to allow time to have utilities field located. The ENGINEER will coordinate with CMAR on field locating utilities not marked by Arkansas 811 to minimize conflicts during construction. 2.3 Environmental Services An Environmental Information Document (EID) will need to be prepared to satisfy DWSRF requirements for the loan. Additional required items in conjunction with the EID will include a cultural resources survey and may also include a Threatened & Endangered (T&E) Species evaluation. The ENGINEER will subcontract EID services and the T&E Species evaluation (if determined to be required by ANRD) to FTN Associates Ltd. The ENGINEER will subcontract the cultural resources survey to Flat Earth Archeology, LLC. Following is a detailed scope of work for these items. 2.3.1 Environmental Information Document This task will include the following: • Assemble the documentation necessary for and completing the ANRD Environmental Checklist & Information Document. This checklist/document includes a variety of environmental topics, each of which will be answered/discussed specific to the project. • Coordinate with various agencies (e.g., US Fish & Wildlife Service, Arkansas Historic Preservation Program, etc.) to comply with EID requirements. • Complete one (1) public meeting in accordance with EID requirements. • Coordinate with ANRD regarding EID requirements specific to the project and submittal. Address comments as necessary from ANRD and agencies to obtain concurrence on the EID. Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 2 of 7 9/24/2023 Page 61 of 1140 2.3.2 Cultural Resources Survey This task will include the following: Conduct a Phase I archeological survey covering the entire length of the project within the limits of permanent and temporary easements. A pedestrian survey will be performed utilizing shovel test excavations in 20- meter intervals along transect(s) within the project limits to identify and assess the status of any cultural deposits or features inside the project limits. Prepare the cultural resources report based on the background research as well as the field work. The report will include information on any archeological sites identified and recommendation for the proposed project to be in compliance with federal and state regulations regarding cultural resources. The exact locations of any significant prehistoric or historic archeological sites found will be supplied to the OWNER for planning purposes only, with the stipulation that their locations will not be part of any document released to the public. • All work will conform to the standards set for the State of Arkansas which are described in A State Plan for the Conservation of Archeological Resources in Arkansas (Davis, ed. 1982, amended 2010) and the standards set by the U.S. Secretary of Interior's Standards and Guidelines for Archeological and Historic Preservation. Submit the cultural resources report to ANRD, Arkansas Historic Preservation Program, and other agencies/tribes if required for review. Respond to comments and/or questions if required to obtain concurrence on the report. • Phase II (significance testing, deep trenching, removal of cultural features, etc.) and Phase III (site mitigation) are not included in this scope of work. 2.3.3 T&E Species Evaluation If required as part of the agency coordination process of the EID, conduct a T&E species evaluation and submit to ANRD and relevant agencies for review. Address comments as necessary to obtain concurrence on the evaluation. 2.4 Additional Geotechnical Investigations As part of the Amendment No. 2 scope of work, the ENGINEER performed a detailed geotechnical investigation along the project alignment which included up to 81 borings, laboratory testing and analysis and preparation of a geotechnical report. Under this Amendment No. 3, the ENGINEER will perform additional geotechnical borings, laboratory analysis and reporting for up to 15 additional boring locations. Additional investigations may be required at trenchless crossings, major stream crossings and other areas of concern that may be identified by the ENGINEER OR CMAR. The methods of exploration, field services, laboratory analysis and reporting shall be as outlined in Amendment No. 2. Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 3 of 7 9/24/2023 Page 62 of 1140 2.5 Final Design The ENGINEER will perform final design phase services as part of this Amendment No. 3 and will utilize the following subconsultants to assist in completing scope items in this task: • Carollo Engineers — development of special details and technical specifications for steel pipe and large diameter valves; and quality control/quality assurance review of plans, specifications, surge analysis and CMAR guaranteed maximum price (GMP) • Coffman Engineers — development of plans, details and technical specifications associated with the impressed current cathodic protection system; and preparation of the final corrosion report • Brown Engineers — development of plans, details and technical specifications for electrical service required for the two (2) proposed cathodic protection rectifier fields • Bennett Trenchless Engineers — development of plans, details and technical specifications for trenchless installations required on the project • Black & Veatch — update the hydraulic surge analysis (previously completed for BWD) of the proposed water transmission main system and associated final report In accordance with DWSRF requirements, selection of iron and steel products to be used in this project shall be in compliance with the American Iron & Steel (AIS) provisions as outlined on EPA's website: https://www.epa.gov/cwsrf/state-revolving- fund-american-iron-and-steel-ais-requirement. Following is a detailed breakdown of services to be provided during the final design phase. 2.5.1 30% Design Review Workshop • Conduct workshop with CITY OF FAYETTEVILLE and CMAR to review 30% design submittal 2.5.2 60% Design The following items are included in the 60% Design Phase: 60% Plans o Cover and general sheets o Plan & profile sheets o Trenchless installation plan & profile sheets o Creek crossing details o Existing utility protection details o Standard project details o Cathodic protection plans and details o Electrical site plans, one -line diagrams and details • 60% Technical Specifications o Preliminary technical specifications with emphasis on spiral welded steel pipe and large diameter valves Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 4 of 7 9/24/2023 Page 63 of 1140 • Surge Analysis and Report o Hydraulic surge analysis utilizing information obtained from the BWD pump station surge analysis o Brief summary report on findings o Recommended minimum pipe thickness for design purposes • Final Corrosion Report • Technical Memorandum on Additional Design Considerations o Connections to valves and other appurtenances o Coatings for fittings and other appurtenances o Sampling ports o Internal and external access considerations • 60% Design Review Workshop o Conduct workshop with CITY OF FAYETTEVILLE and CMAR to review 60% design submittal o Address comments from workshop o Review and comment on CMAR's 60% GMP • ADH Submittal/Coordination o Address comments from ADH on 30% design submittal o Submit 60% design package for review o Address comments from ADH on 60% design submittal o Obtain ADH conditional approval on potential Early Work Packages (steel pipe, large diameter valves, trenchless installations) 2.5.3 90% Design The following items are included in the 90% Design Phase: • 90% Plans o Same as 60% plans, except to a final review level • 90% Technical Specifications o Final review level technical specifications • Roadway/Highway Crossing Permits o ARDOT crossings o City roadway crossings o County roadway crossings • 90% Design Review Workshop o Conduct workshop with CITY OF FAYETTEVILLE and CMAR to review 90% design submittal o Address comments from workshop o Review and comment on CMAR's 90% GMP • ADH Submittal/Coordination o Submit 90% design package for review o Address comments from ADH on 90% design submittal o Obtain ADH approval on overall project Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 5 of 7 9/24/2023 Page 64 of 1140 2.5.4 100% Design The following items are included in the 100% Design Phase: • 100% Plans o Final signed and sealed plans for CMAR use in bidding/construction of work packages • 100% Technical Specifications o Final signed and sealed specifications for CMAR use in bidding/construction of work packages 2.5.5 Early Work Packages It is anticipated that the CMAR will issue Early Work Packages in order to meet the project schedule. Early Work Packages may include pipe procurement, valve procurement, clearing and grubbing, and trenchless installations. As such, the ENGINEER shall provide the following services in this task: • Compilation of contract documents and submittal to ANRD for concurrence. Note that ANRD standard contract forms for construction must be used. All other contract documents shall be subject to approval by the CITY OF FAYETTEVILLE and ANRD. CMAR shall be responsible for preparing bid schedules for the Early Work Packages. • Assist CMAR during the bidding phase of Early Work Packages: o Respond to bidder's questions and requests for information (RFIs) o Assist CMAR with the preparation of addenda o Attend bid openings o Review bid tabulations. CMAR shall be responsible for preparing bid tabulations. o Provide assistance to CITY OF FAYETTEVILLE on recommendation of award on Early Bid Packages. 3.0 Project Deliverables 3.1 Environmental Reports — PDF and one (1) hard copy of each: 3.1.1 Draft EID 3.1.2 Final EID 3.1.3 Cultural Resources Survey Report 3.1.4 T&E Species Evaluation Report 3.2 Supplemental Geotechnical Report — PDF and (1) hard copy. 3.3 60% Design Submittal — PDF and one (1) hard copy of each: 3.3.1 60% Plans (11x17 hard copy) 3.3.2 60% Technical Specifications 3.3.3 Surge Analysis Report 3.3.4 Final Corrosion Report 3.3.5 TM on Additional Design Considerations Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 6 of 7 9/24/2023 Page 65 of 1140 3.4 90% Design Submittal — PDF and one (1) hard copy of each: 3.4.1 90% Plans (22x34 hard copy) 3.4.2 90% Technical Specifications 3.4.3 Roadway and Highway Crossing Permits 3.5 100% Design Submittal — PDF and one (1) hard copy of each: 3.5.1 100% Sealed Plans 3.5.2 100% Sealed Technical Specifications 3.6 Other electronic files as requested by the CITY OF FAYETTEVILLE. 4.0 Compensation In consideration of the performance of the foregoing services by the ENGINEER, the CITY OF FAYETTEVILLE will by to the ENGINEER compensation as follows: 4.1 Compensation will be paid to the ENGINEER on the basis of ENGINEER's standard hourly rates in effect at the time the work is performed, plus reimbursable expenses. A task hour fee breakdown is provided as Appendix A-2. ENGINEER's current rate schedule is attached hereto as Appendix A-3. 4.2 The maximum not -to -exceed for Amendment No. 3 will be $1,446,340.00. 4.3 The maximum not -to -exceed total contract amount is increased from $1,547,085.000 to $2,993,425.00 5.0 Project Schedule The ENGINEER will begin work under Amendment No. 3 immediately upon receipt of a Notice to Proceed (NTP). The overall anticipated project schedule is provided in Exhibit A. 6.0 Additional Future Services Additional future services will include, but not be limited to the following: Bid Phase Services for Primary Work Package(s); and Construction Phase Services. The scope for these future additional services will be defined by the ENGINEER and CITY OF FAYETTEVILLE prior to completion of the services under this Amendment No. 3, and will be authorized under future amendment(s) to this Agreement. Appendix A-1 — Scope of Additional Services — West Corridor Water Transmission Main — Amendment No. 3 Page 7 of 7 9/24/2023 Page 66 of 1140 APPENDIX A-2 City of Fayetteville - West Corridor Water Transmission Main MCCLELLAND Amendment No. 3 - Preliminary Design Personnel Hour Fee Estimate CONSULTING 9/24/2023 murnwarnim ENGINEERS, INC. Task Description Sr. Project Project Manager Manager Structural Engineer Project Engineer/ ner 'Designer CAD/GIS Technician Reg. Land Surveyor Survey Technician Field Survey Crew Lab Tech I Lab Tech II Geotech Engineer Extended Cost Task 2.1 - Project Management and Coordination Biweekly Progress Meetings 24 total assumed 48.00 48.00 48.00 $27,840.00 Water & Sewer Committee Meetings 3 total assumed 12.00 12.00 $5 280.00 Other Stakeholder Meetings 12 total assumed 24.00 24.00 6.00 $11,400.00 Property Owner Coordination/Meetings 15 assumed 60.00 30.00 $15 600.00 Coorindation with ANRD on DWSRF Program Requirements 4.00 32.00 4.00 $7,640.00 Monthlv Prowess Reports 12 total assumed 12.00 24.00 12.00 9 240.00 Subtotal Labor Hours / Fee - Task 2.11 100.00 1 200.00 0.00 100.00 1 0.00 1 0.00 0.00 1 0.00 1 0.00 0.00 1 0.00 $77,000.00 Estimated Reimbursable Expenses/Subconsultants Mileage $1,000.00 Subtotal Reimbursable Expenses - Task 2.11 $1,000.00 Total Task 2.1 - Project Management and Coordination 1 100.00 200.00 0.00 1 100.00 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $78,000.00 Task 2.2 - Additional Surveying Services Additional Mapping of Surface Features 30.00 $4,950.00 Field Ties to Potholed Utilities 40.00 $6 600.00 Easement Staking 30.00 $4,950.00 Drafting 5.00 20.00 9 $2 300.00 QA/QC 5.00 $700.00 Subtotal Labor Hours / Fee - Task 2.21 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 10.00 1 20.00 1 100.00 1 0.00 1 0.00 1 0.00 1 $19,500.00 Estimated Reimbursable Expenses/Subconsultants Mileage $500.00 Utility Locates Arku s $500.00 Subtotal Reimbursable Expenses -Task 2.21 $1,000.00 Total Task 2.2 - Additional Survey Servicesl 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 10.00 1 20.00 1 100.00 1 0.00 1 0.00 1 0.00 1 $20,500.00 Task 2.3 - Environmental Services Subconsultant Coordination 4.00 16.00 $4,040.00 Provide EID Info to Subconsultant 2.00 4.00 24.00 $4 620.00 Review EID and Coordinate with ANRD 4.00 8.00 8.00 $3,640.00 A enc Coordination 6.00 24.00 16.00 $8 300.00 Review Cultural Resources Survey Report 4.00 1 8.00 1 1 12.00 1 1 1 1 $4 200.00 Subtotal Labor Hours / Fee - Task 2.31 20.00 1 60.00 1 0.00 1 60.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 $24,800.00 Estimated Reimbursable Expenses/Subconsultants Subconsulant - FTN Associates Ltd. Environmental Information Document $10,000.00 Subconsulant - FTN Associates Ltd. T&E Species Survey) - only if required and authorized by City of Fayetteville $30,000.00 Subconsulant - Flat Earth Archeology, LLC Cultural Resources Survey) $30,000.00 Subtotal Reimbursable Expenses - Task 2.3 $70,000.00 Total Task 2.3 - Environmental Servicesl 20.00 1 60.00 1 0.00 1 60.00 1 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 1 $94,800.00 Task 2.4 - Additional Geotechnical Investigations Geotech Exploration & Field Services 40.00 $4 000.00 Lab Testing & Analysis see below $0.00 Geotech Reporting & Coordination 20.00 1 10.00 4 800.00 Subtotal Labor Hours / Fee - Task 2.41 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 0.00 1 40.00 1 20.00 1 10.00 1 $8,800.00 Estimated Reimbursable Expenses/Subconsultants Equipment Mobilization/Demobilization assume 2 truck rig mob/demob 0 $300/EA; 2 track rig mob/demob Q $600/EA $1,800.00 Boring Setup 15 bores @ $40/EA $600.00 SPT Auger Drilling assumed 300 LF a $13/LF $3,900.00 Water -Based Rock Coring Diamond Bit assumed 75 LF @ $40/LF $3,000.00 In -House Laboratory Testing Moisture Content, Atterberg Limits, Gradation, Comp. Strength of Rock Cores $1,500.00 Third Party Laboratory Testing Soil Resistivity, H, Sulfates, Chlorides, Sulfides, Redox Potential $2,500.00 Pavement Patching assumed 4 patches a $35/EA $140.00 Diamond Rock Bits assumed 2 bits P $650/EA $1,300.00 Subtotal Reimbursable Expenses - Task 2.4 $14,740.00 Total Task 2.4 - Geotechnical Investigations 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 40.00 20.00 10.00 $23,540.00 Task 2.5 - Final Design 30 % Design Review/Kickoff Workshop with City and CMAR 10.00 10.00 10.00 $5 800.00 60% Design 60% Plans 100.00 240.00 60.00 340.00 640.00 $199 400.00 60% Technical Specifications 20.00 120.00 20.00 200.00 $59,400.00 Surge Analysis and Report Review and Coordination with Sub 10.00 40.00 40.00 $15,700.00 Final Corrosion Report Review and Coordination with Sub 10.00 20.00 20.00 $9,100.00 TM on Additional Design Considerations 10.00 20.00 40.00 $11,900.00 60% Design Review Workshop incl. address comments 20.00 20.00 40.00 40.00 1 $18,800.00 ADHSubmittal/Coordination 20.00 40.00 100.00 60.00 $33200.00 QA/QC 40.00 80.00 10.00 80.00 120.00 $51,400.00 90 % Design 90% Plans 80.00 160.00 20.00 240.00 440.00 $136,000.00 90 % Technical Specifications 20.00 80.00 5.00 160.00 $43,500.00 Roadway/Highway Crossing Permits 10.00 40.00 120.00 $26,900.00 90 % Design Review Workshop incl. address comments 20.00 20.00 40.00 $14,400.00 ADH Submittal/Coordination 20.00 40.00 100.00 60.00 $33,200.00 QA/QC 40.00 60.00 10.00 80.00 120.00 1 $47 600.00 100% Design 100% Plans 10.00 40.00 10.00 100.00 200.00 $47,900.00 100% Technical Specifications 10.00 40.00 5.00 80.00 $22,200.00 QA/QC 10.00 20.00 10.00 40.00 40.00 $18100.00 Early Work Packages Compile Contract Documents and Obtain ANRD Concurrence 10.00 30.00 30.00 $12,400.00 Bid Phase Assistance (up to 4 EW Ps 50.00 100.00 1 10.00 100.00 60.00 1 $53 900.00 Subtotal Labor Hours / Fee - Task 2.51 520.00 1 1220.00 1 160.00 1960.00 1780.00 0.00 0.00 1 0.00 1 0.00 1 0.00 1 0.00 $860,800.00 Estimated Reimbursable Expenses/Subconsultants Mileage $1,000.00 Subconsultant- Coffman Engineers Corrosion Protection Design) $38,200.00 Subconsultant - Brown Engineers Electrical $6,500.00 Subconsultant- BennettTrenchlessEngineers TrenchlessDesign) $100,000.00 Subconsultant- Black & Veatch (Surge Anal is $20,000.00 Subconsultant- Carollo Technical Advisor/QAQC on TMs $203,000.00 Subtotal Reimbursable Expenses - Task 2.5 $368,700.00 Total Task 2.5 - Final DesignJ 520.00 1220.00 160.00 1960.00 1780.00 0.00 0.00 0.00 0.00 1 0.00 1 0.00 $1,229,500.00 GRAND TOTAL AMENDMENT NO. 21 640.00 1480.00 160.00 2120.00 1780.00 10.00 20.00 100.00 40.00 1 20.00 1 10.00 $1,446,340.00 Page 1 of 1 Page 67 of 1140 APPENDIX A-3 MEEMcCLELLAND CONSULTING mmmmgmam ENGINEERS, INC. 8/7/2023 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $110 - $120 Clerical $45 - $85 Construction Observer $75 - $165 Draftsman $70 - $120 Environmental Scientist/Designer $125 - $145 Geotech Engineer $125 - $200 GIS Technician $80 - $140 HR/Payroll Admin $75-$115 Landscape Architect $95 - $200 Media Specialist $85 - $120 Principal $185 - $275 Project Accountant $70 - $155 Project Designer - Intern $50 - $80 Project Designer $80 - $165 Project Engineer $120 - $175 Project Manager $130 - $210 Registered Land Surveyor $100 - $175 Soils Lab Technician $50 - $140 Specification Writer $50 - $100 Sr. Project Manager $160 - $250 Structural Engineer $140 - $180 Survey (2 man or Robotic) Crew $115 - $165 Survey (3 man) Crew $150 - $200 Survey Field (1 Man or Rodman) $45 - $120 Survey GPS $75 - $135 Survey Technician $65 - $110 Expenses @ Cost Mileage .705/mi * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. Page 68 of 1140 City of Fayetteville - West Corridor Water Transmission Main Amendment No. 3 - Preliminary Design Preliminary Schedule - 9/ 1 /2023 EMcCLELLAND CONSULTING ammiz -my ENGINEERS, INC. Project Phase Easment Acquisition (Current Contract) 60% Design ' 1' • Design100% Design Early Work Packages Construction Page 69 of 1140 RESOLUTION NO. 120-12 A RESOLUTION APPROVING A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $388,600.00 FOR WATER TRANSMISSION LINE LAYOUT AND EASEMENT ACQUISITION RELATED TO A THIRD CONNECTION TO BEAVER WATER DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with McClelland Consulting Engineers, Inc. in the amount of $388,600.00 for water transmission line layout and easement acquisition related to a third connection to Beaver Water District. A copy of the contract is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 5t' day of June, 2012. /_�» TOLVA a��i an ATTEST: By: d c a- S. SONDRA E. SMITH, City Clerk/Treasurer `e,Nnntiirririvi ° ® m FAYETTEVILLE o "NA NSP.; j s os'a'JVG +O�Ae,�',,,, Page 70 of 1140 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 179-21 File Number: 2021-0436 MCCLELLAND CONSULTING ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $261,000.00 FOR EASEMENT ACQUISITION SUPPORT FOR THE WEST WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on June 5th, 2012, the City Council approved Resolution No. 120-12, approving a contract with McClelland Consulting Engineers, Inc. for the water transmission line layout and easement acquisition related to a third connection to Beaver Water District; and WHEREAS, Amendment No. I will provide the necessary funds to acquire the remaining 53 easements over the next 3 years. THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $261,000.00 for easement acquisition support for the West Water Transmission Line Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 7/6/2021 Page 1 Printed on 717,121 Page 71 of 1140 Resolution: 179-21 File Number: 2021-0436 Page 2 Attest: ��y• CITY p'Cy�,'% V. , 'm- Kara Paxton, City Clerk TreasLaer AYt l EV/LLE G SON COvN����`` Printed on 717121 Page 72 of 1140 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 200-22 File Number: 2022-0777 MCCLELLAND CONSULTING ENGINEERS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $897,485.00 FOR PRELIMINARY ENGINEERING DESIGN FOR THE WEST CORRIDOR WATER TRANSMISSION LINE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on June 5th, 2012, the City Council approved Resolution No. 120-12, approving a contract with McClelland Consulting Engineers, Inc. for the water transmission line layout and easement acquisition related to a third connection to Beaver Water District; and WHEREAS, Amendment No. 2 will provide the necessary funds for preliminary design, permit consulting services and associated coordination with state and federal agencies, geotechnical investigations, and additional topographic surveys in the project corridor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $897,485.00 for preliminary engineering design for the West Corridor Water Transmission Line Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 9/6/2022 Page 1 Printed on 917122 Page 73 of 1140 Resolution: 200-22 File Number: 2022-0777 Attest: OZI Fly -TEVILLi•�Y Kara Paxton, CityClerk Treasurer �100 x,,' -,,q Page 2 Printed on 917122 Page 74 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: September 25, 2023 SUBJECT: ARDOT Cost Share for widened sidewalks along Wedington Drive RECOMMENDATION: 2023-1128 Staff recommends approval of a payment to the Arkansas Department of Transportation in the amount of $45,437 with $25,000 in contingency to construct a 10 foot wide shared use paved trail instead of a proposed 5-foot wide sidewalk along the north side of Wedington Dr. (Hwy. 16/112 Spur) from Steamboat Drive to Salem Road and approval of a budget adjustment. BACKGROUND: The city has worked with the Arkansas Department of Transportation (ARDOT) over the past 7 years to include a shared -use paved trail in association with the interchange improvements at 1-49 and Wedington Drive. In 2017, the City was awarded a Transportation Alternatives Program grant in the amount of $332,000 to fund the costs directly associated with widening the new bridge over 1-49 to accommodate a shared use path. In May of 2021, the City agreed to pay $199,940 to ARDOT by resolution 137-21 for the cost to widen 5-foot- wide sidewalks to a 10-foot-wide trail extending out from the bridge over 1-49 west to Steamboat Dr. and east to the north bound 1-49 on Ramp. In September of 2022, another cost share was approved in the amount of $48,511.28 to extend the 10-foot-wide sidewalk east to Futrall Dr. With these previous approvals, a 10-foot-wide shared use trail will be constructed along the north side of Wedington Dr. between Steamboat Dr. and Futrall Dr. This proposed cost share will extend the shared use paved trail west from Steamboat Dr. to Salem Rd. DISCUSSION: ARDOT has agreed to process a change order to the construction contract for the installation of a 10-foot-wide shared -use paved trail in lieu of the planned 5-foot sidewalk. Also included in the proposal is expanding the green space separation from the planned 3 feet to 5 feet of green space to create additional buffer space from the busy highway. This is the most cost-efficient time to expand the sidewalk and construct the shared -use trail as shown on the Active Transportation Plan. BUDGET/STAFF IMPACT: Funding in the amount of $45,437 and $25,000 in contingency has been allocated through the 2022 trails bond program. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 75 of 1140 ATTACHMENTS: SRF (#3), BA (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 76 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1128 ARDOT Cost Share for widened sidewalks along Wedington Drive A RESOLUTION TO APPROVE A PAYMENT TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $45,437.00 TO CONSTRUCT A 10 FOOT WIDE SHARED USE PAVED TRAIL ALONG THE NORTH SIDE OF WEDINGTON DRIVE FROM STEAMBOAT DRIVE TO SALEM ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in 2017, the City was awarded a Transportation Alternatives Program Grant for the costs associated with widening the new Wedington Drive bridge over I-49 to accommodate a shared use path; and WHEREAS, since that time, the City Council has authorized payments to ARDOT to widen the planned 5-foot wide sidewalks to a 10-foot wide shared use paved trail from Steamboat Drive to Futrall Drive; and WHEREAS, ARDOT has now agreed to widen the planned sidewalk to a 10-foot wide shared use paved trail from Steamboat Drive west to Salem Road as shown in the City's Alternative Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a payment to ARDOT in the amount of $45,437.00 to construct a 10-foot wide shared use paved trail along the north side of Wedington Drive from Steamboat Drive to Salem Road, and futher approves a project contingency in the amount of $25,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 77 of 1140 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-1128 Legistar File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/22/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a payment to the Arkansas Department of Transportation in the amount of $45,437 with $25,000 in contingency to construct a 10 foot wide shared use paved trail instead of a proposed 5-foot wide sidewalk along the north side of Wedington Dr. (Hwy. 16/112 Spur) from Steamboat Drive to Salem Road and approval of a budget adjustment. 4703.860.7300-5814.05 Budget Impact: 4603 - Trails Project 2019 Bonds Account Number Fund Misc. Trail Improvements 46030.7300.1000 Wedington Side Path (Hwy16/112 Spur) Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 48,512.00 $ 48,511.28 $ 0.72 $ 45,437.00 $ 70,437.00 25,000.72 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 137-21 Change Order Number: Original Contract Number: Comments: Approval Date: Page 78 of 1140 ARKANSAS DEPARTMENT OF TRANSPORTATION WOF ARDOT.gov I IDriveArkansas.com I Lorie H. Tudor, RE., Director DISTRICT FOUR: 808FrontierRoad I Barling,AR72923 I P.O.Box11170 I Fort Smith, AR 72917-1170 RKANSAS DEPARTMENT Phone:479.484.5306 1 Fax:479.484.5300 TRANSPORTATION D4 COUNTIES: Crawford, Franklin, Polk, Scott, Sebastian, Washington September 18, 2023 Mr. Chris Brown Public Works Director/City Engineer 113 W. Mountain Street Fayetteville, AR 72701 RE: Job 040847-Hwy 16/112S Interchange Request for cost share to widen sidewalks Dear Mr. Brown Reference is made to your letter dated September 13, 2023 in which you request to widen the concrete walks on the north side of Wedington and along the west side of Shiloh. The work involved along the west side of Shiloh would be cumbersome due to the drainage elements needed to convey the trail through the access points and the potential conflicts with existing utility franchises. Therefore, the Department is unable to accommodate this portion of your request under the referenced project. As it pertains to the north side of Wedington, the Department may be able to accommodate your request. Utilizing a 10 foot trail with 5 feet of greenspace would result in the proposed trail being constructed on right of way but the foreslope off of the right of way. The additional costs associated with this proposal are estimated at $45,437. With the City's acquisition of needed easements, the Department can progress in prosecuting a change order with exact costs. With the extension of the easements to the Department, and upon receiving payment for the additional costs, a change order will be initiated. The needed easements will be 10' outside the proposed right of way between Stations 112+00 and 120+25. If you have any questions, please don't hesitate to contact this office. Sincerely, Bashar Qedan Resident Engineer BQ/jdk C/ State Construction Engineer District Four Engineer Job File Page 79 of 1140 HWY. 16/112S I I I DATE DATE DATE DATE FLU.HU. STATE FED.AID PRO-0. SHEET IUI AL DIST.NO. No. SHEETS THERMOPLASTIC PAVEMENT MARKINGS FILMED REVISED FILMED STA. 111 + 4 4.5 0 6" DOUBLE YELLOW THERMOPLASTIC d 6 ARK. 6" WHITE = 4,518 LIN. FT. BEGIN G I N JOB B 0 4 0 8 4 7 I PAVEMENT MARKING 6" SKIP WHITE = 2,579 LIN. FT. �oR No. 040847 54 533 6" DOTTED WHITE = 170 LIN. FT. &I RIGHT TURN LANE ARROW I 2 PERMANENT PAVEMENT MARKING DETAILS 6" YELLOW = 338 LIN. FT. L 0 G MILE 12.9 6 THERMOPLASTIC 6" DBL. YELLOW = 1,655 LIN. FT, w I 6" SKIP YELLOW = 85 LIN. FT. WORD "ONLY" THERMOPLASTIC a 1 6" SKIP WHITE THERMOPLASTIC n N SjATE OF'' 12" WHITE = 2,120 LIN. FT. v 6" DOTTED WHITE THERMOPLASTIC PAVEMENT MARKING W/ TYPE II �4 LEFT TURN LANE ARROW PAVEMENT MARKING t` RED/WHITE RAISED PAVEMENT 00 L ARKANSAS RT. TURN ARROW = 13 EA. THERMOPLASTIC �' I r- 6" DOUBLE YELLOW MARKERS 80' O.C. --' • 10" CONTINUOUS WHITE THERMOPLASTIC rn LT° TURN ARROW = 15 EA. RIGHT TURN/THRU LANE ARROW REFLECTORIZED PAINT a' �pAVEMENT MARKING + R S ER RT. TURN/THRU ARROW = 1 EA. THERMOPLASTIC ON FACE OF CURB--N N w �, ' LT. TURN/THRU ARROW = IEA. + 0 R E AL WORD "ONLY" = 25 EA. 0 v - 0 p 6" CONTINUOUS WHITE - ; Q �EN* NEER 46 + THERMOPLASTIC PAVEMENT _ L�J ENHANCED THERMOPLASTIC PAVEMENT MARKINGS o MARKING a 0 - v~i-1----' Na.18634 �� 12" WHITE = 60 LIN. FT. _ - 12" DOTTED WHITE = 115 LIN. FT. 1 '@ � c.i `�sr@ 6" CONTINUOUS WHITE THERMOPLASTIC +21.66.45' LT. - 6" CONTINUOUS WHITE ErT - 73LER REFLECTORIZED PAVEMENT MARKINGS PAVEMENT MARKING +71. 40.78' LT. d d THERMOPLASTIC PAVEMENT m ® ~O 07/29/2OZO a- 12" WHITE = 471 LIN. FT. 12" WHITE STOP BAR MARKING ______� V1p� + 0 12" WHITE STOP BAR THERMOPLASTIC THERMOPLASTIC 10" CONTINUOUS WHITE ¢' :p� 0 x0 RAISED PAVEMENT MARKERS PAVEMENT MARKING II' II' II REFLECTORIZED PAINT -- d= N a TYPE II(RED/WHITE) = 174 EA. PAVEMENT MARKING ON FACE OF CURB ,n It ~ TYPE II (YELLOW/YELLOW) 4 EA. 6 CONTINUOUS WHITF� 'jHERMOPLASTIC +88, 64.93' LT. PAVEMENT MARKING lJ 6" DOUBLE YELLOW o ti Q + 11'u, - t --- � -- -- -Q- -----� ----1 10, 6" - - 11 THERMOPLASTIC - - - - - - - - - - - - - PAVEMENT MARKING +42, 4.76' LT. _ _ II'+ - - - T - + - 300' TAPER & 30' OPE�llNG CL HWY. 16/1125 - _ - - - - _ - = - II' - _ - _ II' I y II'- II' +85, 5.50' LT. / - - - II - - - - _ -{� —I ' TAPER100' STORAGE -1 ii; / N a 12" WHITE STOP BAR 11 _ +86, 16.00' RT. + THERMOPLASTIC +43. 47.23' RT. WORD "ONLY" 6" DOUBLE YELLOW 6" SKIP YELLOW THERMOPLASTIC PAVEMENT MARKING �1111111111111111111 60' TAPER THERMOPLASTIC THERMOPLASTIC PAVEMENT MARKING W/ TYPE II 12" WHITE CROSSWALK PAVEMENT MARKING YELLOW/YELLOW RAISED PAVEMENT THERMOPLASTIC + ;T LEFT TURN LANE ARROW MARKERS a 80' O.C. PAVEMENT MARKING THERMOPLASTIC NA-0o- +50, 76.95' RT° 6" CONTINUOUS WHITE l0' WIDE � 4' O.C. 6" CONTINUOUS YELLOW +00. 76.95' RT. THERMOPLASTIC 300' TAPER THERMOPLASTIC 12" WHITE STOP BAR PAVEMENT MARKING PAVEMENT MARKING THERMOPLASTIC + 6" SKIP WHITE THERMOPLASTIC LEFT TURN LANE ARROW PAVEMENT MARKING - THERMOPLASTIC ------------------ — w PAVEMENT MARKING W/ TYPE II ¢ RED/WHITE RAISED PAVEMENT RIGHT TURN LANE ARROW o �x x > MARKERS a 80' O.C. THERMOPLASTIC �� 0 ---- _� J L] a 6" CONTINUOUS WHITE I a WORD "ONLY" THERMOPLASTIC THERMOPLASTIC U) PAVEMENT MARKING m 6" CONTINUOUS WHITE A G" CONTINUOUS WHITE THERMOPLASTIC N THERMOPLASTIC S� 10" CONTINUOUS WHITE / PAVEMENT MARKING ;PAVEMENT MARKING QY I q REFLECTORIZED PAINT P 10" CONTINUOUS WHITE REFLECTORIZED o Eno a f /O/x ON FACE OF CURB �C° STq / PAINT ON FACE OF CURB v (V I 63 /�5+ /75, / f rn Q / 0 N DO L+I 47 Q 3 OL SHILOH DR. C CL RAMP 3 8 // O 0i v O 0 _ HWY I /II TA 17+44 N / w N O + q. SHILOH DR. STA. 100+00.00 6" CONTINUOUS WHITE ENHANCED a + " Ln A = 75' 00' 00" THERMOPLASTIC PAVEMENT MARKING /�7 z HWY. 16/112S STA. 130+45.00 = / / 0+ w 6" SKIP WHITE THERMOPLASTIC RAMP 3 STA.173+07.95 / En 0 m d P /� / 0 = 75° 00' 00" !`T a 1-- RED/WHITE Q PAVEMENT MARKING W/ TYPE II 6" DOUBLE YELLOW °C° q. / / EXIST. SHILOH DR. STA. 07++09.21 0 +33, 34.50' LT. N a N MARKERS �R80' O.CAISED PAVEMENT THERMOPLASTIC ST CC+9 =90' 00' 00" O LEFT UFfN LANE ARROW �� PAVEMENT MARKING 2 53 F+ +33, I.50' LT. THERMOPLASTIC _ + STA.144+49.390_ 12" WHITE STOP BAR 1THERMOPLASTIIC BAR rn /7461 .16/112S STA.133+47.18 � 82, 9.85' LT. 12" WHITE CROSSWALK N ,y 61, I°50' LT. /THERMOPLASTIC + C PAVEMENT MARKING +61, 9°50' RT. S-1.o Pq! THERMOPLASTIC PAVEMENTPAVEMENT MARKING / 9°34' 42" MARKING 10' WIDE Q 4' O.C. ao+55, 59.85' LT. +37. 35.64' LT, o N + 6" DOUBLE YELLOW " CONTINUOUS WHITE +T ° + i THERMOPLASTICHERMOPLASTIC PAVEMENT MARKING PAVEMENT MARKING i II' IIII _ - — — I — — — — '_ +22.4.45'RT. o 263'STORAGE 150TAPERo — —.—o—— +S8601'23"E o S86°32'43" -- -- I1I1', + II' 100' TORAGE-4 _ C_GL HWY.16/1125 r II' o _WORD "ONLY" _ - +37, 10.50' RT. +99. 15.50' RT. ��� 310' STORAGE - - - `� - +22, 60.50' RT. - un - - - -o - - - - m - - - - - - 30 PENING& THERMOPLASTIC - - - - - + _ + _ a' 6" DOTTED WHITE u' 222' FORAGE - - - - - - Imo— PE �199' STORAGE _ + THERMOPLASTIC ----- -- -- ---� -- --_ �- -- n' --- 150' TA _ PAVEMENT MARKING / n' i 300' TAPER— w I 360'� - o +99, 60.50' RT. 0 6" SKIP WHITE THERMOPLASTIC zrRT TURN + /+ + 12" WHITE CROSSWALK/ /THERMOPLASTIC PAVEMENT PAVEMENT MARKING W/ TYPE II E ARROW WORD"ONLY" c 6" CONTINUOUS WHITE a MARKING l0' WIDE @ 4' O.C. RED/WHITE RAISED PAVEMENT RMOPLASTIC RIGHT TURN THERMOPLASTIC THERMOPLASTIC o MARKERS & 80' O.C. z 6CONTINUOUS WHITE LANE ARROW / PAVEMENT MARKING THERMOPLASTIC 0 xC Q )-L+S01 'ViS 'l'd THERMOPLASTIC v LEFT TURN LANE PAVEMENT MARKING 6" SKIP WHITE ARROW THERMOPLASTIC r WORD "ONLY" THERMOPLASTIC PAVEMENT �0 12" WHITE STOP BAR THERMOPLASTIC 12" DOTTED WHITE ENHANCED 1-49�I / MARKING W/ TYPE 11 � THERMOPLASTIC o C EXIST. SHILOH DR. THERMOPLASTIC PAVEMENT / / RED/WHITE RAISED _ PAVEMENT MARKING CL HWY.16/112S STA.130+45.00 = MARKING W/ TYPE 11 / PAVEMENT MARKERS & 80' vT. SHILOH A.I + RED/WHITE RAISED O.C. a ¢ A = 82° 10' SDR.7" PAVEMENT MARKERS / 0av fL SHILOH DR. 24' D.C. HWY Y. 16 112 S �Z•Z,+So�'d o� a PERMANENT PAVEMENT MARKING DETAILS Page 80 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: The budget adjustment is necessary to move Trail Bond funds from unallocated budget to the trail improvements account for payment to the Arkansas Department of Transportation in the amount of $45,437 with $25,000 in contingency to construct a 10 foot wide shared use paved trail instead of a proposed 5-foot wide sidewalk along the north side of Wedington Dr. (Hwy. 16/112 Spur) from Steamboat Drive to Salem Road. COUNCIL DATE: ITEM ID#: 10/17/2023 2023-1128 Holly Black 912912023 9:29 q1;1 RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 4703.860.7300-5814.05 45,437 - 46030 7300.1000 EX Improvements - Trails 4703.860.7300-5911.99 4703.860.7999-5899.00 25,000 - (70,437) - 46030 46030 7300.1000 EX 7999 EX Contingency - Capital Project Unallocated - Budget I of 1 Page 81 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1140 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent DATE: September 27, 2023 SUBJECT: Approval of contract for batting cages at Gary Hampton Softball Complex RECOMMENDATION: Resolution to approve the purchase and installation of batting cages at Gary Hampton Softball Complex from Playcore Wisconsin, Inc d/b/a GameTime, pursuant to Omnia Cooperative Purchasing Program in the amount of $168,727.72 and $8,440 in project contingency, and approve an associated budget adjustment. BACKGROUND: Gary Hampton Softball Complex opened in the spring of 2000 and hosts youth softball leagues, adult softball leagues, youth and adult softball tournaments and youth baseball tournaments. The complex has seen several improvements over the years, including the installation of synthetic turf in 2019, but does not have batting cages. DISCUSSION: Batting cages are an integral amenity to both softball and baseball. The addition of batting cages to Gary Hampton Softball Complex will improve the complex amenities, allowing teams to utilize batting cages for community use, league practices and tournament play. This addition will make the complex more equitable to other sports complexes in our park system that have batting cages. BUDGET/STAFF IMPACT: The proposal to install batting cages at Gary Hampton Softball Complex will cost $168,727.72 and $8,440 in project contingency, including materials and labor, and is being funded through Park Land Dedication Funds in the NW Quadrant. ATTACHMENTS: SRF (#3), BA (#4), Gary Hampton Batting Cage - Quote (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 82 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1140 Approval of contract for batting cages at Gary Hampton Softball Complex A RESOLUTION TO APPROVE THE PURCHASE OF BATTING CAGES FOR THE GARY HAMPTON SOFTBALL COMPLEX FROM PLAYCORE WISCONSIN, INC. D/B/A GAMETIME IN THE AMOUNT OF $168,727.72, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING AGREEMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,440.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of batting cages for Gary Hampton Softball Complex from Playcore Wisconsin, Inc. d/b/a GameTime, including installation services, in the amount of $168,727.72, pursuant to an OMNIA Partners cooperative purchasing agreement, and further approves a project contingency in the amount of $8,440.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 83 of 1140 Lee Farmer Submitted By City of Fayetteville Staff Review Form 2023-1140 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/26/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Resolution to approve the purchase and installation of batting cages at Gary Hampton Softball Complex from Playcore Wisconsin, Inc d/b/a GameTime, pursuant to Omnia Cooperative Purchasing Program in the amount of $168,727.72 along with a 5% project contingency of $8,440 and to approve an associated budget adjustment. Budget Impact: 2250.520.9256-5806.00 Park Development Account Number Fund 02013.1802 Gary Hampton Softball Complex Improvmnts. Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 15,545.00 Is 15,545.00 $ 168,728.00 $ 161,623.00 8,440.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 84 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number PARKS &RECREATION (520) /Org2 2023 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Request to recognize Park Land Dedication (PLD) funds from the Northwest quadrant of $161,623 to be used in addition to the $15,545 currently available in project 02013.1802 (Gary Hampton Softball Complex Improvements). This will provide $168,728 necessary to purchase and install batting cages and a 5% project contingency of $8,440. The work is to be completed by Playcore Wisconsin, Inc. d/b/a GameTime, pursuant to Omnia Cooperative Purchasing Program. COUNCIL DATE: ITEM ID#: 10/17/2023 2023-1140 Holly Black 9/26'/2023 9:12 RM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 161,623 161,623 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 2250.520.9256-5806.00 153,183 - 02013 1802 EX Improvements - Park 2250.520.9256-4419.00 2250.520.9256-5911.99 - 161,623 8,440 - 02013 02013 1802 RE 1802 EX Greenspace Fees - NW Contingency - Capital Project I of 1 Page 85 of 1140 GameTime c/o Cunningham Recreation PO Box 240981 GameTime Charlotte, NC 28224 800.438.2780 <i «� 704.525.7356 FAX Gary Hampton Batting Cage- Option 3 Fayetteville Parks and Recreation Attn: Alison Jumper 113 W. Mountain Street Fayetteville, AR 72701 Phone:479-444-3469 ajumper@fayetteville-ar.gov 2516 TURF GT-Impax - Performx Xtreme- Includes: Field Green color, backing: 5MM, Power Claw (5 gal), materials, freight, and installation. Note: To be installed over existing concrete (by others) 1 INSTALL MISC - Batting Cages & Install 2748 INSTALL MISC - Concrete Pad Complete 34x74 Pourous Concrete Sidewalk, Concrete Edging 5300 INSTALL MISC - Excavation, Grading, Dirt Work, and Site Restoration 1 INSTALL MISC - Drainage System, Swale, Drain Box 1 INSTALL MISC - Demolition of Trees & Stumps 1 INSTALL MISC - Utility Locate Private Line Hiring Locator 1 BONDS MISC - Performance & Payment Bonds Contract:OMNIA #2017001134 09/26/2023 Quote # 167010-01-03 Ship to Zip 72701 $14.04 $35,324.64 $37,375.00 $37,375.00 $23.46 $64,468.08 $1.54 $8,162.00 $11,112.00 $11,112.00 $8,025.00 $8,025.00 $1,050.00 $1,050.00 $3,211.00 $3,211.00 Sub Total $168,727.72 Comments * Site must be clear, level, free of obstructions, and accessible. Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs. * PlayCore Wisconsin, Inc, State of Arkansas Contractors License #0177400422 Page 1 of 3 Page 86 of 1140 C5EMMYIme GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX Gary Hampton Batting Cage- Option 3 GAMETIME - TERMS & CONDITIONS: 09/26/2023 Quote # 167010-01-03 • PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre -payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted (If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.). Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. Any order exceeding $300,000 will require progress payments during the course of completion. • CREDIT APPLICATION: Required for all non -governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. • FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. • CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash -with -order (CWO) discount. • ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. • FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. • SHIPMENT: Standard Lead time is 10-12 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. • PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. • RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. • RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. • TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: • ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on Tooter excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. Page 2 of 3 Page 87 of 1140 GameTime c/o Cunningham Recreation PO Box 240981 GameTime Charlotte, NC 28224 800.438.2780 . PLA 1 Corgi c-P.,-, 704.525.7356 FAX Gary Hampton Batting Cage- Option 3 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): Title: Telephone: Fax: P.O. Number: Date: Purchase Amount: $168,727.72 SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature BILLING INFORMATION: Bill to: Contact: Address: Address: City, State: Tel: E-mail Fax: Customer Signature Zip: SHIPPING INFORMATION: Ship to: Contact: Address: Address: City, State: Zip: Tel: Fax: E-mail: 09/26/2023 Quote # 167010-01-03 Page 3 of 3 Page 88 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1167 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Byron Humphry, Parks Maintenance Superintendent DATE: September 28, 2023 SUBJECT: Approval of Contract Amendment #2 with Titan Lawn and Landscape, LLC to increase payments to the contractor in the 2024 renewal period by 4.5% with any future annual renewals increased by 3%. RECOMMENDATION: Staff recommends approval of contract amendment #2 with Titan Lawn and Landscape, LLC to increase payments to the contractor in the 2024 renewal period by 4.5% with any future annual renewals increased by 3%. BACKGROUND: On May 3, 2022, City Council approved resolution 94-22 to award RFP 22-03 and authorized a contract with Titan Lawn & Landscape LLC for mowing services for Park and Public ROW areas. The contract also provided hourly rates for Landscape Maintenance, Drainage, and Irrigation services. On March 21, 2023, City Council approved resolution 78-23 to approve Amendment #1 to provide a trash removal service scope in order to remove trash from unsanctioned camps. DISCUSSION: Since the original contract was approved, the contractor has utilized the original pricing for 2022 and 2023 with no increase. With rising costs due to inflation and expenses, the contractor has asked for a 4.5% increase to the contract in 2024 and a 3% increase for subsequent annual renewal periods. The contractor has performed quality and timely work since the inception of the contract. They have also been utilized by several other departments within the City to offset staff labor for mowing and other services. In addition, the City also amended the original contract in order to add a trash removal scope for unsanctioned camp cleanups, which the contractor has done an excellent job. The City has received excellent service from the contractor and the request in price is understandable and reasonable given the current inflation and state of the economy and work force shortage. This price increase is needed to maintain the contract and the services provided to multiple departments. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 89 of 1140 The current pricing in the contract with Titan Lawn & Landscape, LLC is: Landscape Maintenance $45/hr Mowing $35/hr Drainage $45/hr Irrigation $45/hr Trash Cleanup (Amendment #1) $67.50/hr These prices will increase by 4.5% in 2024 and 3% each year for any subsequent annual approvals. Each department that utilizes the contract budgets for this expense in their annual operating budget. These price increases will be subject to City Council approval of the annual budget. ATTACHMENTS: SRF (#3), Titan Lawn & Landscape Amendment #2 (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 90 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1167 Approval of Contract Amendment #2 with Titan Lawn and Landscape, LLC to increase payments to the contractor in the 2024 renewal period by 4.5% with any future annual renewals increased by 3%. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC TO INCREASE PAYMENTS FOR THE 2024 RENEWAL PERIOD BY 4.5%, AND TO INCREASE PAYMENTS FOR FUTURE ANNUAL RENEWALS BY 3% WHEREAS, on May 3, 2022, the City Council approved Resolution 94-22 and authorized a contract with Titan Lawn & Landscape, LLC for mowing services for Park and Public ROW areas and to provide hourly rates for Landscape Maintenance, Drainage, and Irrigation services; and WHEREAS, on March 21, 2023, the City Council approved Resolution 78-23 authorizing Amendment No. 1 to expand the scope of services to include trash removal from unsanctioned camps. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the contract with Titan Lawn and Landscape, LLC to increase payments for the 2024 renewal period by 4.5%, and to increase payments for future annual renewals by 3%. Page 1 Page 91 of 1140 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-1167 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/28/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #2 with Titan Lawn and Landscape, LLC to increase payments to the contractor in the 2024 renewal period by 4.5% with any future annual renewals increased by 3%. Multiple Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Multiple Fund Project Title $ 394,335.37 $ 394,335.37 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 94-22 Change Order Number: Approval Date: 5/3/2022 Original Contract Number: 2022-39 Comments: Financial section shows current Titan contract budget and expenses. Page 92 of 1140 City of Fayetteville Contract Amendment #2 Mowing Services Contract — Resolution 94-22 This contract amendment executed this day of , 2023, between the City of Fayetteville, Arkansas, and Titan Lawn & Landscape LLC In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Upon budget approval by the City Council, the term of the Contract is renewable for three (3) additional one (1) year terms. For the 2024 renewal period, payments to the Contractor shall be increased by the amount of four and a half percent (4.5%) and any future renewal periods after 2024 shall be increased by the amount of three percent (3%). Renewals will be subject to budget approval from the annual budget from City Council. 3. The Contract documents which comprise the contract between the City of Fayetteville and Titan Lawn & Landscape LLC shall include this Amendment and the following documents attached hereto, and made a part hereof for the remainder of the contract: A. Request for fee increase — Received from Roy Lovell 8.1.2023 WITNESS OUR HANDS THIS DAY OF .2023. CONTRACTOR NAME Signature Printed Contractor Name & Title ATTEST (Signature) Company Secretary (Printed Name) Business Address City, State & Zip Code Date Signed: City of Fayetteville, AR Amendment #2: Resolution 94-22 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS ME LIONELD JORDAN, Mayor ATTEST: (Signature) Kara Paxton, City Clerk, Treasurer Date Signed: Page 93 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1142 TO: Mayor Jordan and City Council THRU: Waylon Abernathy, Bond Projects & Construction Dir Paul Becker, Chief Financial Officer FROM: Quin Thompson, Facilities & Bldg Maint Manager DATE: September 28, 2023 SUBJECT: Approval of Change Order No. 1 to the contract with EVANS CONSTRUCTION AND REMODELING,LLC in the amount of $8,775.00 for the re -roofing project at Wilson Park Historical Cabins RECOMMENDATION: Staff recommends approval of Change Order No. 1 to the Contract with EVANS CONSTRUCTION AND REMODELING,LLC in the amount of $8,775.00 for additional construction associated with the Wilson Park Historic Structures Roofing Project. BACKGROUND: At the July 18, 2023 meeting, Council passed resolution 154-23, approving a contract with Evans Construction and Remodeling, LLC in the amount of 43,245.00 for replacement of roofs on three historic City -owned buildings in Wilson Park. DISCUSSION: During the demolition phase of the project, it was found that the structural roof decking was in poor condition in multiple areas, requiring removal and replacement of roof and decking material exceeding the original scope of work. BUDGET/STAFF IMPACT: This change order is funded through 4470 Sales Tax Capital Improvement Funds. ATTACHMENTS: SRF (#3), BA (#4), C01 Decking (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 94 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1142 Approval of Change Order No. 1 to the contract with EVANS CONSTRUCTION AND REMODELING,LLC in the amount of $8,775.00 for the re -roofing project at Wilson Park Historical Cabins A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 WITH EVANS CONSTRUCTION AND REMODELING, LLC IN THE AMOUNT OF $8,775.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WILSON PARK HISTORIC STRUCTURES ROOFING PROJECT WHEREAS, on July 18, 2023, the City Council approved Resolution # 154-23 authorizing a contract with Evans Construction and Remodeling, LLC for replacement of roofs on three historic City -owned buildings in Wilson Park; and, WHEREAS, during the demolition phase of the project, it was found that the structural roof decking was in poor condition in multiple areas, requiring removal and replacement of roof and decking material exceeding the original scope of work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 with Evan Construction and Remodeling, LLC in the amount of $8,775.00 for additional construction associated with the Wilson Park Historic Structures Roofing Project. Page 1 Page 95 of 1140 Quin Thompson Submitted By City of Fayetteville Staff Review Form 2023-1142 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/27/2023 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order No. 1 to the contract with EVANS CONSTRUCTION AND REMODELING,LLC in the amount of $8,775.00 for additional construction associated with the Wilson Park Historical Cabins roofing project and approval of a budget adjustment. Budget Impact: 4470.140.8900-5315.00 4470-Sales Tax Capital Account Number Fund 02046.2301 Building Impr - Wilson Park Historical Cabins Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2023-626 1 2023-38 Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 75,000.00 $ 41,230.66 ? 33,769.34 $ 8,775.00 $ 8,775.00 33,769.34 V20221130 Previous Ordinance or Resolution # 154-23 Approval Date: 7/18/2023 Page 96 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2023 Requestor: Quin Thompson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of Change Order No. 1 to the contract with EVANS CONSTRUCTION AND REMODELING, LLC in the amount of $8,775.00 for additional construction associated with the Wilson Park Historical Cabins roofing project. COUNCIL DATE: 10/17/2023 ITEM ID#: 2023-1142 Holly Black 912012023 2:77 PM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 8,775 8,775 v.202398 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.140.8900-5315.00 8,775 - 02046 2301 EX Contract Services 4470.001.9470-4999.99 - 8,775 RE Use Fund Balance - Current I of 1 Page 97 of 1140 Evans Construction and Remodeling LLC Date 1123 Crutcher St 8/14/23 Springdale, AR Invoice 479-530-0801 814232 City of Fayetteville Wilson Park Bldg 675 N Park Ave. Fayetteville AR Attn: Matt Byron Job Name and Address Change order Add 26 SQ of new roof decking over existing roof decking $4,225.00 Remove 23.67 SQ flat roof down to decking $1,820.00 Add 300 LF Parapet Cap $2,730.00 Material and Labor $8,775.00 Thank You Randy Page 98 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: Mike Reynolds, Police Chief FROM: Kathleen Stocker, Dispatch Manager DATE: September 20, 2023 CITY COUNCIL MEMO 2023-1130 SUBJECT: Approval of a resolution to authorize reimbursement to Washington County for 911 equipment and maintenance costs RECOMMENDATION: Staff recommends approval of a resolution to reimburse Washington County for leased 911 equipment in the amount of $220,000 and up to $99,000 in annual maintenance costs. BACKGROUND: The City of Fayetteville has been part of the Washington County 911 system since 911 was first implemented in Washington County in 1988. This original 911 system was funded from a 5% surcharge on basic local telephone service on all landline phones located inside Washington County. As cell phones emerged and became more popular, there has been an obvious reduction of landline telephone customers in Washington County, and today, the 5% surcharge alone does not produce enough revenue to fund the 911 equipment and maintenance in Washington County. In 2019, the Arkansas Public Safety Communications and Next Generation 911 Act of 2019 was passed and replaced the Arkansas Public Safety Communication Act of 1985. This act provides a method of funding for political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which allows the chief executive to implement, operate, and maintain a public safety answering point (PSAP). This Act also tasked the Arkansas 911 Board with disbursing revenues in the following manner: Not less than 83.75% of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on a dedicated 911 trunk line for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol (VoIP), and nontraditional 911 calls. The population is based on the latest federal decennial census. Certification with the Board is required on an annual basis. This includes providing an explanation and accounting of funds by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year- end appropriation and expenditure analysis. Page 1 Page 99 of 1140 Resolution: File Number: 2023-1130 Revenue is collected in the following manner: • Commercial mobile radio services are levied a public safety charge in the amount of $1.30 per commercial mobile radio service connection that has a place of primary use in the State of Arkansas. (Wireless communication device such as cell phone). • Nontraditional telephones are levied a public safety charge in an amount of $1.30 per nontraditional service connection that has a place of primary use within the State of Arkansas. • Voice over internet protocol is levied a public safety charge in an amount of $1.30 per month per voice over internet protocol connection that has a place of use in the State of Arkansas. • Prepaid Wireless charge — for each retail transaction occurring in this state, a seller of prepaid wireless services shall collect 10% of the value of the prepaid wireless service. Advances in technology, such as wireless devices, have largely replaced landlines. Fees collected from these devices primarily support the funding managed by the Arkansas 911 Board. DISCUSSION: Each PSAP (Washington County, Fayetteville, and Springdale), along with the University of Arkansas, handles overflow and default calls and can provide support in emergency situations. As a result, it's critical for the continuity of operations that all three PSAPs, along with the University of Arkansas, remain on the same system; this is why Washington County hosts the 911 system to include the lease agreements for the equipment and maintenance. Funding from the 2019 Public Safety Act is distributed directly to the City of Fayetteville for their PSAP every quarter. Fayetteville, Springdale, and the University of Arkansas are responsible for reimbursing Washington County for their share of the 911 system, including maintenance and equipment costs. The equipment lease with Washington County is reimbursed and renewed every five years, and a maintenance fee is reimbursed to them annually over this five-year term. BUDGET/STAFF IMPACT: The Fayetteville Central Dispatch Center has $220,000 for leasing the equipment and $99,000 annual maintenance costs in the approved 2023 operating budget for this expense. ATTACHMENTS: SRF (#3), Memo 911 DCOP Recommendations (#4), Patrick Deakins Memo (#5), AT&T Invoice (#6) Page 2 Page 100 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1130 Approval of a resolution to authorize reimbursement to Washington County for 911 equipment and maintenance costs A RESOLUTION TO APPROVE A PAYMENT TO WASHINGTON COUNTY FOR REIMBURSEMENT OF COSTS FOR LEASED 911 EQUIPMENT IN THE AMOUNT OF $220,000.00 AND MAINTENANCE COSTS OF UP TO $99,000.00 WHEREAS, The City of Fayetteville has been part of the Washington County 911 system since 911 was first implemented in Washington County in 1988 and this original system was funded by a 5% surcharge on basic local telephone service on all landline phones located inside Washington County; and WHEREAS, as cell phones emerged and became more popular, there has been a significant reduction of landline telephone customers in Washington County and the 5% surcharge does not produce enough revenue to fund the 911 equipment and maintenance; and WHEREAS, the Public Safety Act approved in 2019 provides a method of funding 911 services for political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which allows the City to continue to operate and maintain a public safety answering point (PSAP); and WHEREAS, all three PSAPs (Washington County, Fayetteville, and Springdale), along with the University of Arkansas, handle overflow and default calls and can provide support in emergency situations, so it is critical for the continuity of operations that they remain on the same 911 system hosted by Washington County; and WHEREAS, funding from the 2019 Public Safety Act is distributed directly to the City of Fayetteville for its PSAP every quarter and the City is responsible for reimbursing Washington County for our share of the 911 system to include maintenance and equipment costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a payment to Washington County for reimbursement of costs for leased 911 equipment in the amount of $220,000.00 and maintenance costs of up to $99,000.00. Page 1 Page 101 of 1140 Chief Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2023-1130 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/19/2023 CENTRAL DISPATCH (260) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution to reimburse Washington County for leased 911 equipment in the amount of $220,000 and up to $99,000 in annual maintenance costs. 1010.260.2600-5309.00 and 1010.260.2600-5401.00 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget General Fund Project Title $ 356,406.00 $ 28,727.39 $ 327,678.61 $ 319,000.00 8,678.61 Previous Ordinance or Resolution # Approval Date: V20221130 Page 102 of 1140 1pr, CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 17, 2023 TO: Mayor and City Council THRU: Mike Reynolds, Chief of Police FROM: Kathleen Stocker, Dispatch Manager DATE: September 19, 2023 CITY COUNCIL MEMO SUBJECT: Approval of a resolution to authorize reimbursement to Washington County for 911 equipment and maintenance costs. RECOMMENDATION: Staff recommends approval of a resolution to reimburse Washington County for leased 911 equipment in the amount of $220,000 and up to $99,000 in annual maintenance costs. BACKGROUND: The City of Fayetteville has been part of the Washington County 911 system since 911 was first implemented in Washington County in 1988. This original 911 system was funded from a 5% surcharge on basic local telephone service on all landline phones located inside Washington County. As cell phones emerged and became more popular, there has been an obvious reduction of landline telephone customers in Washington County, and today, the 5% surcharge alone does not produce enough revenue to fund the 911 equipment and maintenance in Washington County. In 2019, the Arkansas Public Safety Communications and Next Generation 911 Act of 2019 was passed and replaced the Arkansas Public Safety Communication Act of 1985. This act provides a method of funding for political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which allows the chief executive to implement, operate, and maintain a public safety answering point (PSAP). This Act also tasked the Arkansas 911 Board with disbursing revenues in the following manner: • Not less than 83.75% of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on a dedicated 911 trunk line for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol (VoIP), and nontraditional 911 calls. • The population is based on the latest federal decennial census. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 103 of 1140 Certification with the Board is required on an annual basis. This includes providing an explanation and accounting of funds by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditures analysis. Revenue is collected in the following manner: • Commercial mobile radio services are levied a public safety charge in the amount of $1.30 per commercial mobile radio service connection that has a place of primary use in the State of Arkansas. (Wireless communication device such as cell phone). • Nontraditional telephones are levied a public safety charge in an amount of $1.30 per nontraditional service connection that has a place of primary use within the State of Arkansas. • Voice over internet protocol is levied a public safety charge in an amount of $1.30 per month per voice over internet protocol connection that has a place of use in the State of Arkansas. • Prepaid Wireless charge — for each retail transaction occurring in this state, a seller of prepaid wireless services shall collect 10% of the value of the prepaid wireless service. Advances in technology, such as wireless devices, have largely replaced landlines. Fees collected from these devices primarily support the funding managed by the Arkansas 911 Board. DISCUSSION: Each PSAP (Washington County, Fayetteville, and Springdale), along with the University of Arkansas, handles overflow and default calls and can provide support in emergency situations. As a result, it's critical for the continuity of operations that all three PSAP's, along with the University of Arkansas, remain on the same system; this is why Washington County hosts the 911 system to include the lease agreements for the equipment and maintenance. Funding from the 2019 Public Safety Act is distributed directly to the City of Fayetteville for their PSAP every quarter. Fayetteville, Springdale, and the University of Arkansas are responsible for reimbursing Washington County for their share of the 911 system to include maintenance and equipment costs. The equipment lease with Washington County is reimbursed and renewed every five years, and a maintenance fee is reimbursed to them annually over this five- year term. BUDGET/STAFF IMPACT: The Fayetteville Central Dispatch Center has $220,000 for leasing the equipment and $99,000 annual maintenance costs in the approved 2023 operating budget for this expense. Attachments: Memo from Washington County Copy of the ATT Invoice to Washington County Page 104 of 4'140 PATRICK W. DEAKINS 280 North College, Suite 500 County Judge Fayetteville, AR 72701 C) OFFICE OF THE COUNTY JUDGE WASHINGTON COUNTY, ARKANSAS September 18, 2023 City of Fayetteville, Arkansas ATTN: Mayor Lionel Jordan Dear Mayor Jordan: As you likely recall, Washington County has managed the county wide 911 system since its implementation in 1988. The original system was funded from a five percent surcharge on basic local landline telephone service within Washington County. However, due to the decrease in landline phones and the increase in wireless phones, the surcharge no longer produces enough revenue to fund the 911 equipment and maintenance for each Public Safety Answering Point (PSAP). It is extremely important to keep our hosted system together for continuity of operations of the 911 system in Washington County. Each PSAP handles overflows and default calls in addition to backing up each other in emergency situations, such as evacuations. There are currently four PSAP locations in Washington County — Washington County, Fayetteville, Springdale, and the University of Arkansas. Last year, Washington County agreed to manage the five-year lease agreement with AT&T for 911 equipment and maintenance costs with the expectation that each location would reimburse the County for it's share of the costs each year. The Fayetteville Central Dispatch portion of the reimbursement for equipment is $220,000 which is paid in the first year of the lease. There is also an annual maintenance cost of $99,000. The Arkansas 911 Board may reimburse some of the maintenance costs based on the percentage of 911 calls received at each answering point each year. Once those reimbursements are received, Washington County will determine the amount left to pay and will invoice accordingly. I hope this letter assists the City as it budgets for FY2024. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Patrick W. Deakins Telephone: 479 / 444-1700 • FAX: 479 / 444-1889 pdeakinspwaskingtoncountyargov Page 105 of 1140 att.com % �N=R AT&T Monthly Statement Previous Bill .00 Payment .00 Adjustments .00 Balance .00 Current Charges 640,000.00 Total Amount Due $640, 000.00 Amount Due in Full By May 31, 2023 L Billing Summary Online: att.com/myatt Page Plans and Services 1 640,000.00 1 800 321-2000 Service Changes: 1 800 321-2000 Repair Services: 1 800 288-2020 Total Current Charges 640,000.00 MAY 1 12023 O WASHINGTON COUNTY COMPTROLLER'S OFFICE E911 WASHINGTON COUNTY Page 1 of 2 280 N COLLEGE AVE STE 530 Account Number 713 2313-3068 128 0 FAYETTEVILLE AR 72707 Billing Date May 11, 2023 Web Site att.COm Tell everyone! We've got deals on wireless, internet, and more —all in one place. Call 800.263.6021 for our latest offers. Business News You Can Use Summary J • EMAIL YOUR INVOICE • FEES AND SURCHARGES • COLLECTION POLICY • STILLGETTING PAPER? • FRAUD PROTECT See "News You Can Use" for additional information customers call 800.321.2000. Plans and Services Additions and Chanaes to Service This section of your bill reflects charges and credits resulting from account activity. Item Monthly Amount No. Description Quanti Rate Billed Activity on May 7, 2023 1. PURCHASE/INSTALUTRAINING/ 1 640,000.00 MAINTENANCE FOR 60 MONTHS EFF MAY 2023 OF NEW HOSTED VESTA 6.X CALL HANDLING SYSTEM Government Fees and Taxes 2. Federal .00 3. State and Local .00 Total Government Fees and Taxes .00 Total Plans and Services 640,000.00 News You Can Use EMAIL YOUR INVOICE Now available to AT&T Business Center customers! No need to login to get your invoice - we'll send it to your inbox! Not in Business Center? No problem, we'll register you! Email us at Email-Invoice@att.com with subject line "Email Invoice' to sign-up for Email Invoice Delivery today! FEES AND SURCHARGES AT&T collects monthly fees and surcharges to help recover its required contribution to government programs and to recover costs AT&T pays in taxes and required payments levied by federal, state, and local governments. These fees and surcharges included on your bill are periodically adjusted to align with the rates determined by the government agency that is responsible for the state or federal fund or tax and subject to change at any time without notice to you unless required by law. For more information, please contact an AT&T Service Representative at the phone number listed on the front of your bill. COLLECTION POLICY As a customer in the process of disconnecting service, you have received your final bill. It is IMPORTANT that you pay the final balance no later than the DUE BY date. Otherwise, if it later becomes necessary to pursue collection efforts, you may also be responsible for costs associated with those efforts. If you have any questions, please contact us at the toll -free number on your bill. AT&T appreciates your business and we look forward to doing business with you in the future. STILLGETTING PAPER? Email us at GoPaperless@attcom with the subject line "Save Paper" to sign up for paperless billing today! Return bottom portion with your check in the enclosed envelope. Local Services provided by AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma, or AT&T Texas based upon the service address location. GO GREEN - Enroll in paperless billing. Page 106 of 1140 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 Item 23-0-052 Requested by: Treasurer Bobby Hill Drafted by: County Attorney Brian R. Lester ORDINANCE NO. 2023-047 APPROPRIATION ORDINANCE BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF WASHINGTON, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE APPROPRIATING UNUSED ARPA FUNDS IN THE UNAPPROPRIATED RESERVES OF THE 9ii BUDGET TO THE ARPA FUND BUDGET FOR 2023. ter; WHEREAS, Ordinance 2022-83 appropriated the total amount of $482,313.27 from the ARPA Fund to the Other Professional Services line item in the 911 Budget to remodel the dispatch center at the Sheriffs Office in order to consolidate the County PSAPs required by the State; and, WHEREAS, Ordinan _ - 4 appropriated t of $640,000 from the ARPA Fund tot Lease — Machinery and Equipment line item ip the 911 Budget to lease dispatch cons s n a - WHEREAS, there currently remains unspent, but obligated, the total Of $946,663.28; and, 2 WHEREAS, the County Treasurer requests that these funds be transferred 7 back to the ARPA Budget to better track the funding for federal reporting purposes. 28 29 NOW, THEREFORE.,, BE IT ORDAINED BY THE QUORUM 30 COURT OF WASHINGTON COUNTY, ARKANSAS: 31 32 ARTICLE 1. There is hereby appropriated $3o6,663.28 from the 33 911 Fund (3020) to the Lease — Machinery & Equipment line item in the ARPA Budget 34 (30460568.3073) for 2023 for dispatch consoles. 35 36 ARTICLE 2. There is hereby appropriated $640,000 from the 37 911 Fund (3020) to the Other Professional Services line item in the ARPA Budget (30460,568:jeog.) for 2023 for dispatch PSAPs. 39 40 41 42 Page 107 of 1140 43 44 PATRIM W. DEAKINS, County Judge DATE 45 46 47 48 49 5o BECKY LEVY ,LE o ni� Clerk 51 52 Introduced by: JP Lisa Ecke 53 Date of Adoption: April 20, 2023 54 Members Voting For: Taylor, Wilson, Simons, Lyons, Ecke, Dean, Washington, 55 Coger, Dennis, tlighers, Rios Stafford, Leming, Ricker, Pond 56 Members Voting Against: None 57 Members Abstaining: None 58 Members Absent: None 59 60 Committee History: F&B (4-11-23); Passed to QC 61 Quorum Court Histo: Quorum Court (4-20-23); Adopted 1100 ORDINA.NCF.S'•-'023123-O-DS2 AN ORDINANCE. APPROPRIATING LtiUSED ARPA FUNDS IN THE: UNAPPROPRIATED RESERVES OF ME 911 BUDGET" TO THE ARPA FUND BUDGET FOR 2023 DOCK Page 108 of 1140 Annetta McCamey From: John Luther Sent: Tuesday, May 23, 2023 4:14 PM To: Annetta McCamey Cc: Amber Sharp Subject: RE: Ok to pay AT&T-3068 May 11 2023 Continue to hold. Thanks, John C. Luther Director Washington County DEM ARTF-1 USAR Coordinator 479-444-1722 479-530-7911 iluther(c@washinetoncountyar.gov From: Annetta McCamey Sent: Wednesday, May 17, 2023 2:24 PM To: Amber Sharp <asharp@washingtoncountyar.gov>; Daryl Pemberton <DPemberton@washingtoncountyar.gov>; John Luther <JLuther@washingtoncountyar.gov>; Kyle Curry <kcurry@washingtoncountyar.gov> Subject: Ok to pay AT&T-3068 May 112023 Good Afternoon, Can I get your OK that this equipment has been received? Then I will forward to the Grants and the Judge for approval to pay from ARPA 304605683073. Appreciate your help. Annetta McCamey Accounts Payable Assistant Comptroller's Department 479-444-1615 280 N. College Ave, Suite 545, Fayetteville, AR 72701 1 Page 109 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO FROM: Mike Reynolds, Police Chief DATE: September 29, 2023 SUBJECT: 2023 Justice Assistance Grant Local Solicitation Award RECOMMENDATION: 2023-1135 Staff recommends acceptance of the non -matching 2023 Justice Assistance Grant (JAG) Local Solicitation grant award and approval of a budget adjustment in the amount of $85,805 for the purchase of law enforcement training, equipment, and supplies as fiduciary on behalf of the cities of Fayetteville and Springdale, and Washington County. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has awarded the 2023 JAG for local agencies. This allocation of grant funds is formula based both on population and violent crime rates. JAG funding has been allocated to Fayetteville, Springdale, and Washington County to share, and this grant does not require local matching funds. DISCUSSION: The Fayetteville Police Department will be the fiduciary agency for this grant application in the amount of $85,805. Based on the JAG formula, Fayetteville will receive $40,930 that will be spent on law enforcement training. Also, within this grant application, Springdale will receive $31,369 for the purchase of law enforcement training and equipment, and Washington County will receive $13,506 for the purchase of law enforcement supplies. Please see the attached program narrative and budget narrative for detailed descriptions of training, equipment, and supplies that are planned to be purchased with these grant funds. BUDGET/STAFF IMPACT: This grant award does not require local matching funds and has no impact on staffing levels. Approval of this budget adjustment will establish revenue and expense budgets equal to the grant award in the amount of $85,805. ATTACHMENTS: SRM - 2023 JAG Local Grant Award (#3), BA (#4), Award_Package_FAW-177758 (#5), Proposal Narrative - 2023 JAG Local (#6), Budget Narrative - 2023 JAG Local (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 110 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1135 2023 Justice Assistance Grant Local Solicitation Award A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION GRANT AWARD IN THE AMOUNT OF $85,805.00 TO PROVIDE FUNDING FOR LAW ENFORCEMENT TRAINING, EQUIPMENT, AND SUPPLIES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of the 2023 Justice Assistance Grant award in the total amount of $85,805.00, of which $40,930 will be used by Fayetteville to pay for law enforcement training, $31,369.00 will be used by Springdale to pay for law enforcement training and equipment, and $13,506.00 will be used by Washington County to purchase law enforcement supplies. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 111 of 1140 CITY OF FAYETTEVILLE %Ff ARKANSAS MEETING OF OCTOBER 17, 2023 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: September 29, 2023 CITY COUNCIL MEMO SUBJECT: 2023 Justice Assistance Grant Local Solicitation Award RECOMMENDATION: Staff recommends acceptance of the non -matching 2023 Justice Assistance Grant (JAG) Local Solicitation grant award and approval of a budget adjustment in the amount of $85,805 for the purchase of law enforcement training, equipment, and supplies as fiduciary on behalf of the cities of Fayetteville and Springdale, and Washington County. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has awarded the 2023 JAG for local agencies. This allocation of grant funds is formula based both on population and violent crime rates. JAG funding has been allocated to Fayetteville, Springdale, and Washington County to share, and this grant does not require local matching funds. DISCUSSION: The Fayetteville Police Department will be the fiduciary agency for this grant application in the amount of $85,805. Based on the JAG formula, Fayetteville will receive $40,930 that will be spent on law enforcement training. Also, within this grant application, Springdale will receive $31,369 for the purchase of law enforcement training and equipment, and Washington County will receive $13,506 for the purchase of law enforcement supplies. Please see the attached program narrative and budget narrative for detailed descriptions of training, equipment, and supplies that are planned to be purchased with these grant funds. BUDGET/STAFF IMPACT: This grant award does not require local matching funds and has no impact on staffing levels. Approval of this budget adjustment will establish revenue and expense budgets equal to the grant award in the amount of $85,805. Attachments: Budget Adjustment 2023 JAG Local Award Documents 2023 JAG Local Program Narrative 2023 JAG Local Budget Narrative Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Page 112 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division POLICE (200) Adjustment Number /Org2 2023 Requestor: Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish revenue and expense budgets for reconciliation of the 2023 Justice Assistance Grant Local Solicitation award in the amount of $85,805. COUNCIL DATE: 10/17/2023 ITEM ID#: 2023-1135 Holly Black 912912023 11:46' 6M RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 85,805 85,805 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 1010.200.2920-4309.01 - 85,805 39022 2023 RE Federal Grants - Operational 1010.200.2920-5304.00 1010.200.2920-5737.00 40,930 - 31,369 - 39022 39022 2023 EX 2023 EX Travel & Training Transfer to - Springdale 1010.200.2920-5738.00 13,506 - 39022 2023 EX Transfer to - Washington County Sheriff 1 of 1 Page 113 of 1140 Name and Address of Recipient: City, State and Zip: Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 Washington, D.C. 20531 Recipient UEI: ZGAZNS4HKFY3 Project Title: 2023 JAG Local Solicitation Award Number: 15PBJA-23-GG-03064-JAGX Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $85.805.00 IFederal Award Date: 9/22/23 rding Agency: Funding Instrument Type Office of Justice Programs Bureau of Justice Assistance Grant Opportunity Category: D Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program eject Period Start Date: 10/1/22 Project Period End Date: Budget Period Start Date: 10/1/22 Project Description: Budget Period End Date: 9/30/26 disparate jurisdictions of Fayetteville, Springdale, and Washington County, Arkansas will use JAG funds for ing, equipment, and supplies. Specifically, the city of Fayetteville will use JAG funds to obtain training and fication in crime scene investigations, civilian leadership, crimes against children, technology, supervisor -rship, and narcotic detector canine. The city of Springdale will use JAG funds to obtain executive -rship training and key management equipment. Washington County will use JAG funds to obtain personal :y light bars to enhance the safety of patrol deputies. Page: 1 of 23 Page 114 of 1140 Award Letter September 22, 2023 Dear Lioneld Jordan, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF FAYETTEVILLE for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $85,805. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/Civil Rig htsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 23 Page 115 of 1140 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.b'a.gov/Funding/nepa.html. Page: 3 of 23 Page 116 of 1140 NEPA Coordinator First Name Last Name Orbin Middle Name Terry Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 'Recipient Information Recipient Name FAYETTEVILLE, CITY OF UEI ZGAZNS4HKFY3 Street 1 113 WEST MOUNTAIN STREET Street 2 City State/U.S. Territory FAYETTEVILLE Arkansas Zip/Postal Code Country 72701 United States County/Parish Province ward Details Federal Award Date Award Type 9/22/23 Initial Award Number Supplement Number 15PBJA-23-GG-03064-JAGX 00 Federal Award Amount Funding Instrument Type $85,805.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) [] I have read and understand the information presented in this section of the Federal Award Instrument. Page: 4 of 23 Page 117 of 1140 Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Application Number GRANT13946211 Grant Manager Name Janai Jenkins Phone Number 202-880-7408 E-mail Address Janai.Jenkins@usdoj.gov Project Title 2023 JAG Local Solicitation Performance Period Start Date 10/01 /2022 Budget Period Start Date 10/01 /2022 Project Description Awarding Agency OJP Program Office BJA Performance Period End Date 09/30/2026 Budget Period End Date 09/30/2026 The disparate jurisdictions of Fayetteville, Springdale, and Washington County, Arkansas will use JAG funds for training, equipment, and supplies. Specifically, the city of Fayetteville will use JAG funds to obtain training and certification in crime scene investigations, civilian leadership, crimes against children, technology, supervisor leadership, and narcotic detector canine. The city of Springdale will use JAG funds to obtain executive leadership training and key management equipment. Washington County will use JAG funds to obtain personal safety light bars to enhance the safety of patrol deputies. I I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Page: 5 of 23 Page 118 of 1140 I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and Page: 6 of 23 Page 119 of 1140 subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 Page: 7 of 23 Page 120 of 1140 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOX) may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 12 Page: 8 of 23 Page 121 of 1140 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify Page: 9 of 23 Page 122 of 1140 For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https:Hojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. Page: 10 of 23 Page 123 of 1140 In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly Page: 11 of 23 Page 124 of 1140 authorized to do so by that agency 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https:Hojp.gov/ Page: 12 of 23 Page 125 of 1140 funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. a: Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Page: 13 of 23 Page 126 of 1140 Additional information is available from the DOJ OIG website at https:Hoig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first - tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:Hojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 31 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can Page: 14 of 23 Page 127 of 1140 demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has Page: 15 of 23 Page 128 of 1140 changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training -entity -management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/l204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Page: 16 of 23 Page 129 of 1140 Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. _►1 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https:Hbjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. :1 El! If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific Page: 17 of 23 Page 130 of 1140 project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre -deprivation and post -deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in -person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre -deprivation and post -deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. Page: 18 of 23 Page 131 of 1140 W• Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https:Hojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to NON-LEAs" do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. Page: 19 of 23 Page 132 of 1140 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). M Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 57 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 40-11 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. r AN The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the Page: 20 of 23 Page 133 of 1140 individual has the requisite legal authority 62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request I have read and understand the information presented in this section of the Federal Award Instrument. ward Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this aration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. ency Approval Title of Approving Official Name of Approving Official Deputy Assistant Attorney General Maureen Henneberg Authorized Representative Entity Acceptance Title of Authorized Mayor Entity Official Signed Date And Time Signed Date And Time 9/18/23 9:29 PM Page: 21 of 23 Page 134 of 1140 Page: 22 of 23 Page 135 of 1140 Page: 23 of 23 Page 136 of 1140 Proposal Narrative Project objectives are to purchase and/or upgrade needed law enforcement training, equipment, and supplies (see budget detail worksheet) not funded locally due to budget constraints. Our project timeline is to have fully implemented all grant funded purchases within the grant period. Equipment and supply items identified in this grant application will meet current documented purchasing policies of each agency (Cities of Fayetteville and Springdale, and Washington County) and track grant funding following generally accepted accounting principles. The City of Fayetteville, as the grant fiduciary, has a long history of obtaining, tracking, and reporting on federal grant funds. To date, no operational or financial discrepancies have been identified. Grant funds will be drawn down on a reimbursement basis to the City of Fayetteville's Project Accounting System. This system itemizes each grant transaction and supporting documentation electronically by an assigned project number, and it is monitored by our grants administrator and internal auditor to ensure accuracy and compliance. The requested funding for this Justice Assistance Grant (JAG) application focuses on items that have been previously left out of local funding sources due to our economic constraints. These items include training, equipment and policing supplies as detailed below: Training: City ofFavetteville Page 137 of 1140 The Fayetteville Police Department (FPD) will use their 2023 JAG Local Solicitation funding for certification training. Multiple certification courses include: Crime Scene Investigations, civilian leadership, crimes against children, supervisor leadership, technology, and canine certification. Crime Scene Technicians (CSTs) are an integral part of a criminal investigation. Crime scene processing is a tedious task that requires a significant amount of technical training. The Crime Scene Technician Certification Program, and the Advanced Crime Scene Certification Program will ensure Fayetteville Police Department CSTs are using best practices during crime scene processing. Specifically, these courses will address crime scene management, crime scene photography, crime scene sketching, note taking, report writing, latent print processing, impression evidence, biological evidence, and trace evidence. These programs will directly impact the ability for CSTs to identify, collect, and process evidence during criminal investigations. Civilian leadership will provide key principles of leadership, communication and character development that will enhance the ability of all employees to motivate, teach and lead each other in a team -oriented manner to achieve maximum performance. Using a combination of dialogue, practical exercises, case study and research, participants will be exposed to a variety of adult learning models and will become stronger, more confident leaders. The Crimes against Children Conference is an internationally recognized training conference put on by the Dallas (TX) Children's Advocacy Center. Over the course of three and a half days, attendees have the opportunity to complete numerous courses in medical signs of trauma, child sexual abuse, child sexual development, unexplained death of a child, forensic interviewing, child advocacy, child abduction response, sex trafficking, child exploitation, and 2 Page 138 of 1140 child sexual predators, among many others. There are also numerous case studies presented for investigators to learn what has and has not worked in other investigations. Along with the in - person courses, attendees are also granted access to many more presentations they can view online and on -demand to further their training and skills. This conference is recognized as the preeminent training for investigators of crimes against children and is attended by law enforcement officers, prosecutors, medical staff, advocates, and child protective service workers from across the country, as well as from outside the United States. The training received at this conference will directly impact the ability of investigators to effectively and professionally investigate crimes with child victims, and will aid in the investigations finding justice for the victim. Tyler Technologies is the public safety software system used by the Fayetteville Police Department for its Computer Aided Dispatching (CAD) and Law Enforcement Records Management System (LERMS). Our computer system work areas include: Information Technology, Mobile Dispatching, Records Management, Criminal Investigations, Patrol, and Law Enforcement Administration. Staff members from each of our computer system work areas need to attend the Tyler Users Conference to stay current on system upgrades. Supervision/Leadership training will provide law enforcement career development for newly ranked officers who are promoted or assigned to a new division. Supervisory training is critical to a department's goal of maintaining stability, and it addresses expectations of personnel placed in leadership positions. Supervisors will attend intensive leadership training courses provide by Northwestern School of Police Staff and Command, Federal Bureau of Investigations National Academy, Police Executive Research Forum, or other similar training opportunities subject to availability. 3 Page 139 of 1140 City of Springdale Supervision/Leadership training will provide law enforcement career development for newly ranked officers who are promoted or assigned to a new division. Supervisory training is critical to a department's goal of maintaining stability, and it addresses expectations of personnel placed in leadership positions. Supervisors will attend intensive leadership training courses provide by Northwestern School of Police Staff and Command to be locally held in Washington County, Arkansas. Equipment: City of Springdale As a sub recipient of the 2023 JAG Local Solicitation, the City of Springdale will utilize a portion of its allocation to purchase a key management system to assist in the control of their law enforcement fleet of vehicles and to govern access to the City's secure facilities. The key management system controls, monitors and records keys/fobs used for physical assets, including secure areas and premises, facilities, equipment, machinery and vehicles. Supplies: Washington County As a sub recipient of the 2023 JAG Local Solicitation, Washington County will use funding within the supplies category for safety lights. Personal safety lights will be issued to each member of the Washington County Sheriff's Office. The purpose is to increase officer safety/visibility in all illuminating situations. This will increase efficiency and safety of deputies in low light conditions. A dark silhouette is increasingly difficult to see as night falls, the 0 Page 140 of 1140 personal safety light will ensure that deputies are completely illuminated to everyone in the surrounding area when needed. Page 141 of 1140 Edward Byrne Memorial JAG — Local Solicitation FY 2023 Budget Narrative A. Personnel None B. Fringe Benefits None C. Travel City of F!qyetteville Advanced Crime Scene Investigation Certification $1, 700 This funding will allow a crime scene technician to attend the three (3) day certification course at a location to be determined with three (3) nights lodging costing $135 per night, registration costs of $500 per officer, airfare costs of $535; and per diem of $260 per officer including travel days. Civilian Leadership Training $5,749 This funding will allow a civilian supervisor to complete a series of three courses for a total of 18-days or 144 hours at the Institute for Law Enforcement Administration (ILEA) located in Dallas, Texas. Total cost of attendance is as follows: $2,250 in registration fees for all three courses; lodging costs of $114.94 per night for 18-nights; and per diem of $65 per day for 22-days including travel days. Basic Crime Scene Investigation Certification $3,000 This funding will allow two (2) crime scene technicians to attend the three (3) day certification course at a location to be determined with three (3) nights lodging per attendee costing $135 per night, registration costs of $400 per attendee, airfare costs of $435 each; and per diem of $520 per attendee including travel days. Crimes Against Children Conference $3,500 This funding will allow two (2) detectives to attend the four (4) day conference in Dallas, TX with four (4) nights lodging per attendee costing $160 per night, registration costs of $750 per attendee; and per diem of $360 per attendee including travel days. Tyler Technologies Users Conference $4,581 This funding will allow two (2) staff members to attend a three (3) day public safety software users conference in Indianapolis, IN in May 2024 with per diem costs of $360 per attendee, lodging at approximately $165 per night, registrations costs for two (2) at $800 each, and airfare costs estimated at $470.50 each. National Narcotic Detector Dog Association (NNDDA) $4, 000 Page 142 of 1140 This funding will allow two (2) officers and their canines to attend the five-day training at a location to be determined with five (5) nights lodging costing $142 per night per officer at a pet friendly hotel, registration costs of $900 per officer/dog team, per diem of $390 per officer including travel days. Executive/Supervisor Leadership Training ,$18,400 A local law enforcement agency has scheduled to host the Northwestern School of Police Staff and Command course. This funding will allow four (4) ranked officers to complete an intensive ten (10) week course in law enforcement executive supervision. This funding will pay registration fees at $4,600 per attendee. City of Springdale Executive/Supervisor Leadership Training $1,791 A local law enforcement agency has scheduled to host the Northwestern School of Police Staff and Command course. This funding will partially pay for one (1) ranked officer to complete an intensive ten (10) week course in law enforcement executive supervision. This grant funding will partially pay $1,791 of the $4,600 registration fees per attendee with the remaining balance to be funded locally. TOTAL TRAVEL $ 42,721 D. Equipment City of Springdale Key Management System $29,578 This funding will allow for the purchase and installation of a key management system to assist in the control of their law enforcement fleet of vehicles and to govern access to the City's secure facilities. This key management system comprises both hardware and software. Hardware includes security cameras, wireless communication devices, and digital storage. Software includes digital application used for recording and tracking key usage. The key management system is projected to cost $29,578. TOTAL EQUIPMENT $ 29,578 E. Supplies City of Washington County Personal Safety Light Bars $13,506 The Washington County Sheriff's Office will use its portion of the 2023 JAG Local Solicitation funding to purchase 150 personal safety light bars. Cost of each light bar is $90.04 each, resulting in a total project cost of $13,506. TOTAL SUPPLIES F. Construction None $13,506 Page 143 of 1140 G. Consultants/Contracts None H. Other None I. Indirect Costs None Page 144 of 1140 Billy Bryant Submitted By City of Fayetteville Staff Review Form 2022-0557 Legistar File ID 7/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/15/2022 BUILDING SAFETY (640) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the Resolution ordering the Raze and Removal of a dilapidated and unsafe structure located at 2860 E. Wyman Rd., and to approve a budget adjustment of $17,800.00 for the project. The current balance of $4,856.00 in 1010.640.6400-5315.04 has not been spent, but has already been included on another project (2022-0209). 1010.640.6400-5 315.04 Account Number 50033.2202 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General Fund Raze and Removal Project Title Current Budget $ 4,856.00 Funds Obligated $ 4,856.00 Current Balance Item Cost Budget Adjustment Remaining Budget $ 17,800.00 $ 17,800.00 V20210527 Previous Ordinance or Resolution # Approval Date: Page 145 of 1140 CITY OF FAYETTEVILLE ® ARKANSAS MEETING OF JULY 5T", 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Dennis Sanders, Building Safety Director FROM: Billy Bryant, Senior Code Compliance Officer DATE: June 14, 2022 CITY COUNCIL MEMO SUBJECT: Raze and Removal of Structures at 2860 E Wyman Rd. RECOMMENDATION: Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe structure located at 2860 E. Wyman Rd., and to approve a budget adjustment in the amount of $17,800.00 for the project. BACKGROUND: This property was brought to the attention of Code Compliance through an anonymous complaint. Upon inspection of the property staff found a structure that is on the verge of collapse. A code case for raze and removal of the structure was opened on October 6th, 2021. Contact was made with the owner, and he was made aware of the issues and concerns with the structure. Issues being non-functioning roof, collapsing walls, and a crumbling foundation. The owner mentioned intentions of correcting the structure and bringing the structure back up to code. As is Code Compliance standard practice, the owner was afforded the opportunity to resolve violations before legal action is taken. In this instance, this included time to obtain a building permit to repair the structure. Given the owner's financial circumstances, Code Compliance exercised as much flexibility as possible. The permit was applied for on December 3, 2021. The building permit was approved through the building safety division. The owner neglected to pay the fees associated with the permit, therefore the permit was deemed incomplete and void on May 31, 2022. Inspections during that time showed no repair attempts were made to the structure by the owner. Currently, this structure does have water and electrical service. DISCUSSION: This address consists of a single story 1,616 square foot, single family dwelling along with storage buildings. Repairs to the structure remain unaccomplished, with the interior exposed to the elements for an undisclosed amount of time. These conditions have caused numerous structural safety issues as well as made the structure unsanitary and un-inhabitable. Photos of the property and the structure are attached. The deterioration of the structure constitutes a cost prohibitive repair. The owner applied for a building permit on December 3, 2021. The owner Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 146 of 1140 never paid for the permit therefore the permit application was voided. The owner has mentioned applying for another building permit, but nothing has been submitted at this time. BUDGET/STAFF IMPACT: If the property owner does not comply with the Raze and Removal order, Raze and Removal costs will be expensed to the current budget. A lien will be placed on the property for the incurred costs. The current budget balance of $4,856.00 has not been spent, but has already been included on another project (2141 N. Green Acres Rd). Attachments: • Process Summary • Receipt of Bids • Budget Adjustment • Notifications • Property Records • Map • Property Photos. Page 147 of 1 �40 %MM FAYETTEVILLE 41F ARKANSAS PROCESS SUMMARY (RAZE & REMOVAL/LARGE SCALE CLEAN-UP) Property Address 2860 E Wyman Rd WC Parcel # 765-02244-000 Energov Case # CBLD-2021-000049 City Code: 173.08 • On 10/06/2021 Code Compliance received a Request for Service regarding the property located at 2860 E Wvman Rd • A Notice of Violation was sent to the Owner of Record on 10/06/2021 • The signed Return Receipt Card was received on 10/18/2021 (or) • The property was posted on _/_20_ • On 12/02/2021 the property was re -inspected and was found to still be in violation of City Code 173.08 Mailing Address: CODE COMPLIANCE 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Page 148 of 1140 CITY OF FAYETTEVILLE ARKANSAS RECEIPT OF BIDS OWNER(S): City of Fayetteville — Building Safety Division ADDRESS: 2860 E Wyman Rd. PROJECT No: Bid# 22-000049 PROJECT TITLE: Raze and Removal — Code Compliance Program BID CLOSING DAY/DATE/TIME: June 6th, 2022 at 4:00 pm CONTRACTOR: -� M �,��ayo. , n•, 77 S\n� 01. "c / �k•� pa ,9 71-7 U 1 CONTRACTOR: CONTRACTOR: CONTRACTOR: CONTRACTOR: Certified Witness: �3AtA-,�ea �t �%a I BID AMOUNT: 17 ? x ,06 BID AMOUNT: BID AMOUNT: BID AMOUNT: BID AMOUNT: Date: Date: - - 27 Page 149 of 1140 CITY OF FAYETTEVILLE ARKANSAS RAZE & REMOVAL PROJECT BID# 22-000049 ADMINISTRATOR: Billy Bryant [email: bbryant@fayetteville-ar.gov] PHONE # 479.575.8232 or 479.601.6361 F A X # 479.444.3445 PROJECT LOCATION: 2860 E. Wyman Rd., Fayetteville, AR 72701 WC Parcel # 765-02244-000 CONTRACTOR'S SCOPE OF WORK RAZE&REMOVAL 1. Completely tear down the entire dwelling. 2. Haul all contents inside the structure(s), debris from the structure(s), and other debris from the parcel to a legal landfill. All concrete associated with the structure(s) shall be removed from the lot (footings and slabs). 3. Mow and clean up parcel. CLEANUP & DISPOSAL 1. Provide proof, such as receipts, that the debris was hauled to a legal landfill. 2. The city encourages the bidder to consider all waste diversion methods for materials collected. Any methods of disposal, excluding a legal landfill, must be deemed acceptable by the city prior to bid submittal. 3. The yard shall be semi -level and mow -able when the demo work is completed and before payment will be made. 4. Contractor shall be responsible for capping wells, utilities and/or any other requirements pertaining to the demolition permit. MISCELLANEOUS 1. A Demolition Permit from the City of Fayetteville must be obtained before work begins. Demolition Permits are obtained through the Building Safety Division, 479-575-8233. 2. Proof of no less than $250,000 liability insurance shall be provided by the contractor before work begins. 3. State Contractor License is required. A City Business License is required if your business is located in the city limits of Fayetteville. 4. If the situation is resolved by the property owner during the 30 day notice & comment period bids may be considered null & void. Page 150 of 1140 CITY OF FAYETTEVILLE ARKANSAS BID PROPOSAL FORM BID 22-000049 DATE ISSUED: May 22nd, 2022 ADMINISTRATOR'S NAME: Billy Bryant PROJECT ADDRESS: 2860 E. Wyman Rd., Fayetteville, AR 72701 DATE OF OPENING: Monday June 6th, 2022 at 4:00pm My total bid price for the Raze "emoval Project is: $ D o (Bid will be valid for 120 days from Date of Opening) Upon signing this Bid, the bidder certifies that they have viewed the property, read and agree to the requirements set forth in this bid proposal, including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and agree to furnish these articles at the prices stated. Date: � + �) `in, Complete Business Address Name of Firm: Phone # 5 S Street address or P O Box City / State/ Zip Printed Name: Signature: Federal Tax ID # 216? - 0�211 �Lt�^1 or SSN State Contractor # N 91-) 2[>5?=1. City Business License # Page 151 of 1140 CITY OF FAYETTEVILLE ARKANSAS May 23, 2022 Leroy H Scharfenberg 2860 E Wyman Rd. Fayetteville, AR 72701 RE: Enforcement of Fayetteville Code 173.08 Arkansas Code Ann. 14-56-203 NOTICE TO PROPERTY OWNERS Pursuant to A.C.A 14-56-203 as 173.08 of the Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a public hearing to determine if the dwelling located at 2860 E Wyman Rd. (WC Parcel # 765-02244-000) should be Razed and Removed. You are free to appear at this hearing to present any evidence or statements. If you need additional information concerning this process or if you have information that we are not aware of, please call the Code Compliance Office at (479) 575-8237. The hearing will be part of a regular City Council meeting on July 5th, 2022 beginning at 5:30pm at the City Administration Building, 113 W. Mountain St., Fayetteville, AR 72701. The City Council Meetings are advertised in local newspapers and will contain an item concerning this hearing. You may also call the Fayetteville City Clerk's Office (479-575-8323) for information confirming the date of the public hearing. Sincerely, Billy Bryant Senior Code Compliance Officer Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Page 152 of 1140 n, Ln ca ti s ra r� S O O G 0 0 ul m 0 r:1 ru 0 r` Postal CERTIFIED• IL' RECEIPT Lr) Ln Domestic Mail 0111y C13 cO ru r, . e M1 [tmSorvice�,& r] oosichxADcupydroo=ropru,,, o)0 ReturnRoeprpt(hnLdc*pA $0 O ROWm R*Wpi (aoa.�tronk) •ark r] C ❑ Conroo Mail RoYukied Doiwwy S S�IFn 0 r] ❑Adult Stpn.lurn Roqurod t Hero ..- ❑AAutt SianMuro RwMoW DMhr.ry S /1 1/ I 0 Ln O LnPostapo �(�•J�\yam m m s - O p Total Poatape and Foxe $ YV1 IL ru rli Son: To jJ�+ O (` O Jl7QOt QndApG 7J0., Of PO IiO.Y ,�O------------- -----------_._._.. e Page 153 of 1140 CITY OF FAYETTEVILLE ARKANSAS Code Compliance Program Unsafe Building Determination UDC 173.08 (A) Address / Location: 2860 E Wyman Rd WC Parcel # 765-02244-000 UDC 173.09 (A) wI recommend the raze and removal of the structure. = l recommend securing the structure. I have determined that the structure above is NOT in violation of Subsection 173.08 (A) of the City of Fayetteville's Unified Development Code I recommend presenting the structure to City Council as a Property Nuisance for Raze & Removal Observations: Case # CBLD-2021-000049 Code Compliance Admin. 10-(„ 2'Date City Building Official 10 - L - Z I Date CCFORM 602 REV (8.20) Page 154 of 1140 fi Buckn Ba pti: Chur( _I 2733 m 1Vr1 4M - `2 I y E Travis 5t 2860 E. Wyman Rd. Fayetteville, AR r _r. .iik 0 • ' •80 960 -320 tt The data contained herein was compiled from various sources for the sale use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves Any use of the data by anyone other than the City of Fayettevllle is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the clty's cost of defense, asserted by user or by another arising from the use of this data The City of Fayetteville makes no express or Implied warrantees with reference to the data No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: 611512022 Credits: City of Fayetteville, AR, 2022 Imagery I Eagle\Aew Technologies Surdex Corporation Map Author: Page 155 of 1140 vI • � � cif ••��.i� t'r'� ,; 4~y` !! �. ;A^ i � r'_i+ I •f '�� , T �,� i�',l � � - , � �l `,A� t71A o' ✓ 'ri` �. � •al Wyman Rd 2860 E. Wyman Rd. Fayetteville, AR r The data contained herein was compiled from various sources for the sale use and benefit of the City of Fayetteville Geographic Information System and the public agencies It serves Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user: and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayenc-Ile harmless from and without liability for any claims, actions, cost For damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort Immunity set forth under Arkansas law. Created: 6/15/2022 Credits: City of Fayetteville, AR, 2022 Imagery I EagleView Technologies Surdex Corporation Map Author: Page 156 of 1140 CITY OF FAYETTEVILLE 125 West Mountain Street Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSA• Owner: LEROY SCHARFENBERG Mailing Address LEROY SCHARFENBERG 2860 E WYMAN RD FAYETTEVILLE, AR 72701-4648 Notice of Violation for the following location: Address Parcel 2860 E WYMAN RD 765-02244-000 Fayetteville, AR 72701 Case Number: CBLD-2021-000049 1 Case Type: Building Date Case Established:10/06/2021 Dear Property Owner: It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. It is our goal to notify and assist property owners to correct violations of city ordinances before taking actual enforcement actions. If you need clarification of this notice or advice on how to correct the problem, please contact us. Violation That Needs Correction: 173.08 - Unsafe Buildings - (Raze & Removal) - Unsafe Buildings - (Raze & Removal) No person, partnership, corporation, or association, hereinafter referred to as "owner", shall keep or maintain any house or building within the corporate limits of the City which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. Possible Penalties: If this violation is not corrected within thirty (30) days from the service of this notice, a Public Hearing will be held for the approval of a raze & removal determination by the City Council. The costs shall be charged to the owner(s) of the property and the city shall have a lien against such property for the costs. If you disagree with our conclusion that your property contains a violation of our ordinances, you have the risht to an appeal. Please see Chapter 155 of the Unified Development Code. How This Violation Can Be Voluntarily Corrected: By making repairs as needed or razing the structure and remove all debris from the lot. A building permit may be required, based on review of the Building Safety Director. Sincerely, Randy Johnson Code Compliance Officer 479.601.1508 rjohnson@fayetteville-ar.gov Printed: 6/13/22 Page 1 of 1 Page 157 of 1140 ■ Complete �eps;l,.A2.rd 3. .Klur O Agent ■ Print your neirip.0id4ddrees on the reverse X so that we can realm the card to you. ❑ Addressee s Attach this card to the back of the mailplece, B. Rec y (Pent slam C. Date of Delivery or on the front if space permits. ---'7' 0,1-V 1 address different rom item 1? ❑ Yes ter delivery address below: 0 No LEROY H SCHARFENBERG 2860 E WYNIAN RD�CE�� FAYETTEVILLE, AR 72701-4648 1 20�1 II�IIOIIIIIIIIIIIII IIII II IIIIII�IIIIII��III�II �. VOd. e!NS3n pe V� 0ReeggistryMdM Ipna.J Signaturo Restricted Delivery ❑ Rogutcred Mail Restricted 9590 9402 6893 1104 4930 35 rtified Mean Delivery ❑ Certlftad Mail ResUtcled Delivery ❑ Signature CongrntalionTm ❑ Couoct on Ce!lvery ❑ Signature Contvmallon 2. Article Number (7Fansfer from service labeq ❑C o llect on Delivery Restricted Delivery Restricted Delivery Mail 7020 0640 0000 1639 5072 Mail Restricted Delivery PS Form 3811, July 2020 PSN 7530.02-000-9053 J�� 000of-A Domestic Return Receipt i Page 158 of 1140 6/13/22, 10:49 AM Parcel: 765-02244-000 Previous Parcel: 136143-000-00 As of: 6/10/2022 9:47:38 PM Real Property Print Friendly I D: 36515 Washington County Report Property Owner Name: SCHARFENBERG, LEROY H Mailing Address: 2860 E WYMAN RD FAYETTEVILLE, AR 72701-4648 Type: (RI) Res. Improv. Tax District: (011) FAYETTEVILLE SCH, FAY Millage Rate: 57.95 Market and Assessed Values Estimated Full Assessed Taxable Market Value (20% Market Value) Value Land 110,500 22,100 10,400 Building 23,800 4,760 4,760 Totals 134,300 26,860 15.160 Land Land Use Size N/A 1.000 N/A 0.210 Total 1.21 Property Information Physical Address: 2860 E WYMAN RD Subdivision: ANDERSON FARM PLAT Block/Lot: N/A / N/A S-T-R: 13-16-30 Size (Acres): N/A Legal: PT LOTS 9 & 10 13-16-30 1.21 A. Taxes Estimated 504 Taxes: Homestead Note: Tax amounts are estimates only. Credit: 375 Contact the county/parish tax collector for exact amounts. Units House Lot Acres Deed Transfers Document Images brought to you by your County Circuit Clerk, Kyle Sylvester View Deed Date Book Page Deed Type Stamps Est. Sale Grantee Code Type Image 9/21 /1998 98 86436 Quit Claim 0.00 $0 SCHARFENBERG, LEROY H Inc. Additional Prop. Improved 1/30/1987 1212 232 Warr. Deed 39.60 $36,000 SCHARFENBERG, LEROY H & LORI J Additional Properties Improved 6/14/1984 1111 719 Warr. Deed 0.00 $0 WILKINSON,JAMES & BEATRICE N/A N/A Details for Residential Card 1 Occupancy Story Construction Total Liv Grade Age Year Built Condition Beds Single Family ONE+ Frame Siding Std. 1616 5 79 1941 Poor N/A Page 159 of 114163 6/13/22, 10:49 AM Real Property Print Friendly Exterior Wall: SDNG/SHETH Foundation: Closed Piers Floor Struct: Wood with subfloor Floor Cover: Carpet & Tile Insulation: Ceilings Roof Cover: Asphalt Shingle Roof type: Gable DataScout, LLC Base Structure Plumbing: Full: 1 Half: N/A Fireplace: Type: N/A Qty: 0 Heat/Cool: None Basement: N/A Basement Area: N/A Year Remodeled: N/A Style: N/A Item Label Description Area A MN Main Living Area 1224 B OP Porch, open 182 C FEP Frame enclosed porch 144 D 1+ 1+, Upper Level 392 Outbuildings and Yard Improvements Item Type Size / Dim Unit Multi. Quality Age Garage - frame unfinished, detach N/A 22 x 20 1 N/A N/A Pole Shed N/A 18 x 20 N/A N/A N/A Reappraisal Value History Tax Year Total Value 2021 134,300.00 Total Assessed 15,160.00 Page 160 of 11463 6/13/22, 10:49 AM Tax Year Total Value 2020 134,300.00 2019 75,800.00 2018 75,800.00 2017 75,800.00 2016 75,800.00 2015 75,800.00 Real Property Print Friendly Total Assessed 15,160.00 15,160.00 15,160.00 15,160.00 15,160.00 14,879.00 Not a Legal Document Subject to terms and conditions www.actDataScout.com Page 161 of 1141$ 20r� Page 164 of 1140 k _.. � � , � � , h, 1 r Sg[g[[iirllnllll��� • e � • � .�, i A Y � . td !273.w :. #� ' , 'tom' ` V •` •~ i 1 -if - • �, ;SSA `4y \ � � t . �.I Amp_ , Page 170 of 1140 rr + is r ✓ •4 %�.• J N. �,� ,j �., ti .• w 1, - "./��* •,. �. t �� Cf �. � a ' � : a� �. j i � .'�4 � .• k' ( ''7rW���N1 `'�i�I .. h i� yyM .. •r I !' �. 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WFI IV Page 179 of 1140 Page 180 of 1140 Iry, OF k AA City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number BUILDING SAFETY (640) 2022 /Org2 Requestor: Billy Bryant BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment of $17,800.00 requested for raze and removal of dilapidated structure located at 2860 E. Wyman Rd. COUNCIL DATE: 7/5/2022 LEGISTAR FILE ID#: 2022-0557 HCRY Black 6/16/2022 2:05 PM RESOLUTION/ORDINANCE Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 7/5/2022 CHKD/POSTED: TOTAL Account Number 17,800 17,800 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20220516 Account Name 1010.640.6400-5315.04 17,800 - 50033 2202 EX Contract Services - Raze and Removals 1010.001.0001-4999.99 - 17,800 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\07-05-22\2022-0557 Raze & Removal 2860 E Wyman Rd 1 of 1 Page 183 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: September 29, 2023 SUBJECT: Misty Simpson Water Damage Claim at 2425 E. Sharon St. RECOMMENDATION: 2023-962 The Utilities Department Director recommends to the Mayor to request approval of payment to Misty Simpson for water damage to the residence located at 2425 E. Sharon Street resulting from a large City water main break. BACKGROUND: On September 20, 2021, the City of Fayetteville experienced a large 36-inch diameter water main break on N. Makeig Ct. Misty Simpson owns the home located at 2425 E. Sharon St. This large water main break caused substantial amounts of flooding and damage to the neighborhood and to the Simpson residence. Misty Simpson's insurance company denied her claim, so she immediately filed a damage claim with the City after the incident. DISCUSSION: Per City Code Section 39.10 — Water and Wastewater Damage Claims, "The Utilities Department Director may not authorize any payment greater than $10,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $10,000.00 by resolution, but in no case shall the city pay more than $25,000.00 pursuant to this claims procedure for a damage claim related to a water or wastewater utility infrastructure occurrence unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (2/3) majority approves an exemption from the $25,000.00 damage cap and approves a payment up to $50,000.00." Partial payments have previously been made to Misty Simpson, Privacy Fence Inc., A Clean -Cut Lawn Care, Stanley Steemer, and Hall Engineering in the amount of $19,961.77 for loss of personal belongings, flooring and ductwork cleaning, structural investigation, fence replacement, and landscaping services. The water main break flooded the residence and caused major damage to the foundation of the home. The claimant is requesting payment in the amount of $61,200.00 for the repair of the foundation, driveway and sidewalk. The water main break also damaged areas in a bathroom and bedroom with a repair request of $16,075. The claimant is requesting payment in the amount of $5861.33 plus any taxes for remediation of the front and side yard and the repositioning of a storage shed. The claimant is requesting payment in the amount of $14,801.98 for rebuilding a back patio. The claimant requested payment for fencing and back yard landscaping in the amount of $12,610, but the City has previously paid for these services. They do not qualify Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 184 of 1140 for consideration. The total repair amount Misty Simpson is requesting, excluding those repairs already paid by the City, is in the amount of $97,938.31. Below is a summary list of the expenses Misty Simpson has provided quotes for: Date Business Amount Description 2/22/2023 Precision Foundation $61,200.00 Foundation repair Specialists 5/31/2023 Fanning Construction $16,075.00 Bathroom and bedroom repair 5/4/2023 NWA Creative Spaces LLC $5,861.33 Yard repair —taxes not included 7/6/2023 Fanning Construction $14,801.98 Patio repair Total $97,938.31 Staff requests approval to reimburse Misty Simpson for the maximum amount allowed by Section §39.10 of the City Code. BUDGET/STAFF IMPACT: Funds are available in the Insurance Self (Non -Vehicle Damage) account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Claim Documentation (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 185 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-962 Misty Simpson Water Damage Claim at 2425 E. Sharon St. A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council may, in an extraordinary case upon the Mayor's recommendation and by two-thirds majority, approve the payment of water or sewer damage claims exceeding $25,000.00 up to $50,000.00; and WHERAS, the City has already made partial payments on a damage claim at 2425 East Sharon Street to Misty Simpson, Privacy Fence, Inc., A Clean -Cut Lawn Care, Stanley Steemer, and Hall Engineering in the amount of $19,961.77. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes Mayor Jordan to pay the total amount of $50,000.00 (of which $19,961.77 has already been paid) to or on behalf of Misty Simpson for expenses related to the water main break damage at 2425 East Sharon Street. Page 1 Page 186 of 1140 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-962 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: The Utilities Department Director recommends to the Mayor to request approval of payment to Misty Simpson for water damage to the residence located at 2425 E. Sharon Street resulting from a large City water main break. Budget Impact: 5400.720.4310-5311.04 Water and Sewer Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 40,095.91 $ 40,095.91 $ 30,038.23 10,057.68 Previous Ordinance or Resolution # Approval Date: V20221130 Page 187 of 1140 DOCUMENTATION OF PREVIOUS PAYMENTS Page 188 of 1140 Details of 2425 E Sharon St claim -Misty Simpson Paid to Privacy Fence Inc. Paid to A Clean Cut Lawn Care Paid to M. Simpson (partial) (contents) Paid to Stanley Steemer Paid to Hall Engineering Total $9,840.00 $6,524.65 1,015.71 2,031.41 550.00 19,961.77 Page 189 of 1140 'i W D a W V 2 V 71 J Z a) U s (D t U a) } .2 U N U U L 3 m z a c m c a) m 0 C — (1) m 2 2 � c 3 m N N v7 N n � m c O a' a a) C m (0 E N N L o E E E N N E Z w a Nm LL 2.- 7 LL N E o O Z O LL a T o > a LL a i L6 O 69 U N U O c 0 0 a d a) C j O fA O O Z 0 T� 2.2 a) a a 'a o a) 0 a CL Q Q r c n o 0 Li _ E L J Q H c c .a CD N CD N D1 C C 0 U a m E z c '0 Q U (7 Y I m � H �2 N Page 190 of 1140 Shea Fankhouser https://cof-Iffonns. city. fyv.usiFonns/form/approval/ 1392fDcO-079e-4c3 9 I W Claim Request Although the City of Fayetteville is immune from any claim for liability or damages caused by alleged negligence of its employees, the City Council has authorized a very limited property damage claims procedure. INSTRUCTIONS: Please complete this form clearly stating the reason for the claim, amount you are requesting, all contact information, and attach appropriate documentation including receipts, estimates, photos, etc. Three (3) itemized written estimates must be provided prior to repairs being made. Substantive documentation MUST be provided to establish all monetary values. Additional sheets may be added. Failure to provide all information and fully substantiate your claim will result in the claim being denied. Please do not discard any items that are being claimed as damaged. Filing a claim does not imply approval; claims will be investigated before a decision is rendered; claims received more than 30 days after the incident will be denied. Claims containing inaccurate or fraudulent information will be denied. Please mail to or hand -deliver documents to: Mayor's Office — Claims, City of Fayetteville, 113 W. Mountain St., Fayetteville, AR 72701 OR Fax to 479-575-8257 CLAIMANT INFORMATION First Name Last Name Middle Initial Misty Simpson D Claim Type What type of claim are you requesting? General , Water and Sewer Email misty@starpedtherapy.com Address Street Address 2425 E Sharon St Address Line 2 City State / Province / Region FAYETTEVILLE AR Postal / Zip Code Country 72703 United States 1 of 5 PaWA4 P;f3 IUM Shea Fankhouser https://cof-Iffon-ns.city.fyv.us/Foi-ms/fonn/approval/I 392fOcO-O79e-4c39... Daytime Phone 479-283-5121 Alternate Phone Incident Location Address/Location of Occurence Street Address 2425 E Sharon St Address Line 2 City FAYETTEVILLE Postal / Zip Code 72703 INCIDENT INFORMATION Date of Incident 9/20/2021 Incident Nature Insurance Time of Incident 6:30 AM Nature of Occurrence Automotive Related other State / Province / Region AR Country United States Amount being Claimed $ 12000.00 Home Related Personal Do you have any insurance which covers your damage? Yes - No The City cannot pay a claim in an amount exceeding a Claimant's insurance deductible, if covered. The undersigned hereby files a claim against the City of Fayetteville, Arkansas for the following reason(s): Attach additional sheets if necessary 2 of 5 PaNNN @Zf3lggm Shea Fankhouser https://cof-Iffon-ns.city.fyv.us/Forms/forrn/approval/I 392fUcO-O79e-4c39... Incident The undersigned hereby files a claim against the City of Fayetteville, Arkansas for the Description following reason(s): My bedroom received water damage to the floor and door frame. My fence is damaged. My yard is covered in mud. I lost patio furniture, huge outdoor dog bed. Large fan ruined. Huge indoor dog bed. 3 of PaNWYY;f3f1�6M Shea Fankhouser https:Hcof-Ifforms. city.fyv.usiFoi-ms/form/approval/ 1392fDcO-079e-4c3 9... File Upload Upload 20210920_195253.jpg 1.72MB 20210920_200939.jpg 1.28MB 20210920_200943.jpg 1.31VIB 20210921_073132.jpg 1.94MB Attach appropriate documentation including receipts, itemized estimates, photos, etc. If vehicle related, please include proof of insurance if applicable. Agreement I Agree. By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Signature By signing below, I acknowledge that the above -provided information is true and correct to the best of my knowledge and belief. �dV\Or Refer To Shea Fankhouser Department WATER & SEWER Additional Upload Documentation Memo 4 of 5 Pa? C�'W;f- fIIW Misty Simpson Damage Claim Personal Contents Destroyed 2425 E. Sharon St. Fayetteville, AR 72703 Dog Bed $ 114.53 Dog Bed $ 196.47 8x10 Rug $ 123.23 Nike Shoes $ 140.00 Nike Shoes $ 185.00 2 Outdoor Cushions $ 74.48 Chair Set $ 182.00 Total 1 $ 1,015.71 Page 195 of 1140 FREE SHIPPING � RETURNS FREE MEMBERSHIP. EXCLUSIVE PRODUCTS C'ri1et�-1S Nike Air Force 1 Low FM Change By Daryl Homer Custom Shoes $140 �1 Inspiration Your Designs Customize T Sold Out Customize and save your design so ifs ready for purchase. u Share Celebrate the Future Movement (FM) in an AF1 that delivers personalized style with a story inspired by Black Innovators and creators. The translucent option on the upper (placed over mesh and leather) transforms Io reveal an intricate pattern. symbolizing PerpeWel rebirth into something precious and brilliant. Then personalize it with a message on the dubrae, lace up and speak yaw truth. • Shown: Muhl-Caiar/Multi-CaiorlMultl.Color • Style:O08918-991 Page 196 of 1140 Bag I Item! S19300 - Become a Nike Member for fast and free shipping" i -_ _ or You Might Also Like Nlke Air Max 97 Men's Shoes $175 00 Not in a hurry' Select Na tkw5Runnn a, -- Nike Air Max 97 SE Men's Shoes Size 13 Quantity i v Z) PUI Shipping Arrives Thu. Mar 3 - Mon, Mar 7 Edit Location Free Pickup Rind a Store i Summary 00 ynu have a Promo Code? v 0 Subtotal O Estimated Shipping a Handling Estimated Tax O Total Favorites Want to view your favorites? "vr j or o-gin- r Nike Air Max 95 SE Men's Shoes S 175 00 x SIBS 00 r� ' S+BS UO $193.00 Nike Air Force 1 '07 Ni Men's Shoes Tr S 100 00 S Page 197 of 1140 Your Cart (8) FREE Shipping on eligible Remo. Vew Details Quick Add (}, Share Sava All to Lrsl Rt tmave All Aeans Carolina Pet Company Large/X-Large Sage Classic $114.53 Canvas Bolster Bed Store SKU 410052018i3 Model 0039470 elltp Ta 16— SNP T. Flume Pichedabd Dae Feb, 26-Ma' 03 hlul nva IYOi� rur dn. 72n13I Chug. FREE _..___I :ree.:nSnSorner I - - Curbside Available "- Save fax t ater Save to t.lst Remove JONATHAN Y Zinnia Navy/Green 8 ft. x 10 ft- Floral $123.23 Indoor/Outdoor Area Rug ColorTinrsh: Navy/oreen Shape: Rectangle, 7r9r' x 10'0' 9dPTe 61ve SNPTo ee,M Ellarrle� ScheduNrt Deiwry Fryeetenlrtlmaled MNYI: Ncw A.lrLvnk .,x fh< 72703 Mm, Feb is r _..___ ._..�. -.. FREE '..__._ FREE t `- --------'- --- - ----- - 'ElAdd a Home Dapat Protmtron Plan by AUlatate? 2-year PmleOion for S20.00 Lram Mare Save for Laicr S.ive to Liet Ren ove Large Ortho Sleeper Comfort Couch Pet Bed with Removable Cushion - Cannel Store SKU 000520142, Model *01536 ahb. Ship TO H— schoduhw prtlwy .,A FryetteNee.R E0—ted—n M.7 Ilnf A:xLx.r ray !v. 727M V2ed,Ma 2 I — FREE I FREE 1 Savo for L, 1er Save to Lis: Remnv, ARDEN SELECTIONS 24 in. x 24 in. 2-Piece Deep Seating Outdoor Lounge Chair Cushion in Sapphire Blue Leala Cushion Style: Welled Seal Width (in.) x Seat Depth (in): 24. 24 Cushion Color or Pallem; Sapphire Blhe Leala 1----- ----7 QYp Te at.. ShipT 14— Sched.h Drtivery rep 2"- 0' rla•A.;.bbk iv:h: A7MSeWr.A, unr naI C�— FREE Curbside Available Save for Laser Save to Lst Remove Barton 3-Piece Wicker Rattan Furniture Outdoor Bistro Patio Set Chairs with Removable Beige Cushions and Round Table Store SKU A 1007523713 Model A93514-H i ta,p T. 0— rnV RlWie� Scheduhd CeYvary ftyvha ae, AR I evbn A~ W! A.el•.Nr'ri. u 72703 I wK Me,1 rn . FREE FREE 7 '-� - - -' -' - Carte Inr I alw Sava rn I rcl na.rnrva $196.47 $146.96 ($36.14/Rem +LY :0d1 Save2u% $182.00 Page 198 of 1140 W0% CITY OF FAYETTEVILLE ARKANSAS April 1, 2022 Misty Simpson 2425 E. Sharon St. Fayetteville, AR 72703 Subject: Water Claim Dear Misty Simpson, The City of Fayetteville is in receipt of your claim form concerning the City water main break near your residence located at 2425 E. Sharon St. in Fayetteville on September 20, 2021, which resulted in damage to your home and personal contents. The City of Fayetteville offers to reimburse you in the amount of $1,015.71 for the personal contents you lost as a result of the water main break and subsequent flooding. The City will pay Hall Engineering directly for the engineering consultation in the amount of $550.00. The City will also pay Stanley Steemer directly for the home and vent cleaning in the amount of $1,742.50. The City is processing the payment to you in the amount of $1,015.71, and the payment issued will not finalize your damage claim. The claim will be finalized when the home repairs are completed, and the remaining payment will be issued at that time, pending City Council approval. Sincerely, City of Fayetteville 4114V4 / Tim Nyander Utilities Director Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 199 of 1140 WPM _ PRIVACY FENCE, INC ESTIMATE: M T vv T F s i - - PO Box 7582 f INV# 22- 008 Date: %; k_/z2 AM J PM i t ��ringdale, AR 727 AR Conh r License V �T9-751-7894 UTIL009 S APPROV DATE: _�_ -._/ 21 � Office: vnlrnEs PrivatyFenceWl cgm An AWG SMELS ��� COXAPPROX START: J z� _ _ .M LC OzGO � � SWEPOO WS ADVERTISING Proposal(] Invoic� REF a .-.- I A utir (Creel oNTR INEr I" ARKUPS: L J AM / PM ESTLR PAEV RED REF_SIGN SOCIAL - _ — _ - Client: -Cut- a E Email: 64,_,,slit IZ' tue4let fg -.&f, 5 Address: ;?q WSJ srtyt„�� SF, Phone: ❑ TREESjBRUSH CI HILLSIDE I I./C1 (I ROCKY ❑ WATER LL. L210-t-�( �jn,�l.�a //L AVAILABLE GROUND ❑ ELECTRICITY AVAILABLE U FENCE OFF GROUND >2" I ❑ FINISHED SIDE OUTSIDE G FINISHED SIDE INSIDE Cl DOGS "PRESSURE TREATED RAILS AND POSTS_ USED UNLESS OTHERWISE h FENCE TYPE PICKETS HEIGHT FOOTAGE I-i BOARD TO BOARD r PHESSI;IIE =R a1LU i1INL I FT ;`5FT/t,FI -1 SHADOW BOX ❑ EASFF_WN CLU;:R al 1 ;' SFT/ 6FT .= BOARD ON BOARD .: W=STL9.V CEL0, 1F1,;,11Jt-i.I ORNAMENTAL IRON P,1 CIF ; RC t;SP. 00 E1 1 )Pl ' PAIL .-. "..�'Sif (FIN_"IF' PEKE -1 1FT I I; t,FI 3 PAIL c i]ENE';I (LX7 NOFG i':CK-'I CHAIN LINK GAC:,c YC:�L C�i�rEii - g�sr OTHER: SINGLE GATES: C ; WOOD FRAME -SILFI FRAME D CHAIN LINK .ORNAMENTAL T:=AR OUT OEC iRA IVE PJQr ID HAUL OFF I'"' IEFS •t: , ,1 I:- t TfTn AN TLATC OOAOACAI ** We propose to furnish material and labor, with the included specifications for the sum rf: o'C CHECK/CASH PRICE: S CREDIT CARD PRICE: S % 5A "" TAX S N/A DEPOSIT: 5 BAO JNCE DUES S_���d DOUBLE GATES: - 0 1.11u, lit LIIA1,0 I 'Acceptance of Proposal •-ISIELI FIIAmir I Client 5ignatunr 1! 41AfN LINE :1INNAMENIAL Date: /_�2021 <.Is4rcR; RnIINIJ,IL_:L POSIh1:1SIFR �_/' ,'_/ M?5T5 STF"ra PI�STS Signatu "RESPONSIBILM OF CLIENT AND PRIVACY FENCE, INC- Date: / �k 2023. Privacy Fence, Lm agrees tiove! es to guarantee ,e abrente to be free tm- del In wwk ancfllp ror one (1) )ear - (Not Inducted are: aHrn pnent dw to warping, SpYRlYMtl LN), ll9, S1rw&vl dredddN, or other changes In !brit drape of the wood)- M otm wananues came from manufacturer materal used under this contratf. R is remrm a ded that sealer be aDODed to the wood In apprmrnatety 96 days to help lessen wood wargng or tflecWg. Respons0lpty for mioyng with zone regulations and obt]Inaq am reqused Dn'nTVG stall rest with the client. Under w Circumstances does Privacy Flame, Inc aspAM any resyert ibaiy Ong properly Ines. If property prs cannot be located, T is recommended that the dlelt have the property surveyed. The dient wk defend Prfvaq Fence., Inc In Connection with any claims made W anyone about fhe IouUon of the fence. Prelacy Fence, Im vA assume the reso,—bliy, for having underpro r,d nubile utilities booted and marked. However. PrNwv Farce. Inc- amarre m mponabd y, for unmwkcd spender Rites Or any other wnnaWked wined Tares or ODleccs- the dint wS assurne ate I Wbalty For damages caused try directing PrlVaey Fenn, Inc. to dig in the i mrodlato vicinity d Ipr at •uramawn mot -A Any adnitlons or Changes made by tine then[ that requires am labor and matenal wit be added to the prim established on this dbntr act and .vll tow, doe and payable tO PrWW Fence, Inc. RVft of access and removal is wanted to Privacy Fen te, Inc. M1 the event of non-payrnerit ,:nder Ue tens d ,,. contract The dvvt agrees to my al interest and costs Incurred in Wledanq this debL $35-000 Returned Check Fee — — - 2 City of Fayetteville 2435 S Industrial Dr Fayetteville, AR 72701 O VENDOR 18784 Privacy Fence Inc 0 Privacy Fence Inc O PO Box 7582 DSpringdale, AR 72766 0 CO City of Fayetteville REPRINT PURCHASE r- 113 W Mountain St ORDER O FAYETTEVILLE, AR72701 NO. 2021-00000688 DATE 11/24/2021 DELIVER BY SHIP VIA CAN FAYETTEVILLE FREIGHTTERMS 1 40 ORIGINATOR Cody Ashworth RESOLUTION # PAYMENT TERMS 30 1.0000 Each Professional Services - Other - 2425 E Sharon St, Fence Repair 5400.720.4310-5311.04 (Insurance Self (Non -Vehicle Damage)) $9,840.00 TOTAL COST $9,840.00 AMOUNT VOIDED $0 00 .AMOUNTEXPENSED $0.00 'AMOUNT ENCUMBERED $9.840-00 ;AMOUNT DISCOUNTED $0.00 AMOUNT REMAINING $9,840.00 PAGE 1 OF 1 APPROVED BY SPECIAL INSTRUCTIONS $9,840.00001 $9,840.00 SUBTOTAL $9,840.00 SALES TAX $0.00 TOTAL DUE $9,840.00 A Clean Cut Lawn Care P.O BOX 1403 :P1D0'YD0 Farmington, AR 72730 479-856-9800 Follow Cis on Facobook @ A Glean Cut Lawn Care Invoice # Account # PO # 37555 To: City of Fayetteville 2425 Sharcn St. Fayetteville, AR 72703 Email: info@ ad eancutlawncare. corn Website: �wrr�.acleancul awrcare.com For: 2425 Sharon St., Fayetteville AR 72703 Period Beginning Period Endi 2/2/2022 2/2/2022 A CLEAN NY Invoice Date Payment Du 2/2/2022 2/2/2022 Payments Since 3/2/2022 0 Sub Total 61,60.00 Sales Tax 364.65 Invoice Total 6524.65 $6,524.65 recount Balance ❑atc I Description Qty I Price ! Total 2/2/2022 Landscape Installation 1.00 1414,00 1414.00 2/2f2022 Topsoil Truck Load 1.00 395.00 395.00 2/212022 Landscape Installation 1.00 250.00 250.00 2/2/2022 Sod Installation 1.00 756.00 753.00 2/212022 'oys:2 Sod 8.00 395.00 3160.00 2/2/2022 Sad Delivery Cha!ge 1.00 185.00 185.00 ihry ltt You - We Appreciate Your Business Frem: C'.ty of Fayetteville 2425 Sharon St. Fayetteville, AR 72703 Please detach and return botton' oortion With your payment Retain tcp portion for your records, To: A Clean Cut Lawn Care P.O. BOX 1403 Farmmingtcn, AR I 73C Ir.voice Number 37555 Invoice Due Date 2/2/2022 PO Number Account Balance $6,524.65 �!_�is_il'i? oalii'_i_�','_:iCi7rGi;ilVtli �_t�{1GCiFiG lil�tal�RZlOtly+lilt__ Page 202 of 1140 Ashworth, Cody `O� j�lti�(7 An �% From: Rogers, Mark Sent: Tuesday, May 3, 2022 3:19 PM To: . Ashworth, Cody Subject: FW: Stanley Steemer - Order Invoice #147962 Attachments: imagejpeg; imagejpeg; imagejpeg attached From: Misty D Simpson <misty@starpedtherapy.com> Sent: Monday, April 25, 2022 11:20 AM To: Rogers, Mark <mrogers@fayetteville-ar.gov> Subject: Fwd: Stanley Steemer - Order Invoice #147962 CAUTION: This email originated from outside of the City of Fayetteville. Do not.click links or open attachments unless you recognize the sender and know the content is safe. Im sure you h ave this, but just in case..,.... ---------- Forwarded message --------- From: <no-reply@stanleysteemer.com> Date: Fri, Apr 22, 2022 at 2:25 PM Subject: Stanley Steemer - Order Invoice #147962 To: <misty@starpedtherapy.com> Keys Your home hrighl and healthy Yrith,Stantev 5Leemer Pmducts and raoular deaninns. r !C f STANLEY STEELIER FOR A CLEANER & HEALTHIER HOME - CARPET TILE & GROUT I HARDWOOD I UPHOLSTERY I AREA RUG THANK YOU FOR YOUR RECENT PURCHASE. SERVICE ADDRESS Simpson, Misty 2425 East Sharon Street, Fayetteville, AR 72703 Servicing location: Stanley Steemer Carpet Cleaner 699 Madison St Page 203 of 1140 dID�J f,- INVOICE DETAILS Springdale, AR 72762 Service Date 4/22/2022 (479) 927-0909 Invoice Number 147962 Please remit all payments to: Customer Number 179073 Claim/P.O. Number Stanley Steemer Vehicle 426 Brady Stevens, Luis 699 Madison St Crew Acosta Springdale, AR 72762 Qty Item Description Unit Price Amount 790 Room Grout Seal (RM) all tile $0.29 $229.10 1 Std Area Tile Clean (RM) den, laundry, 2bt $99.00 $99.00 99 Std Area Tile Clean (99RM) hallway $0.50 $49.50 84 Std Area Tile Clean (84RM) 12*7 entry $0.50 $42.00 357 Std Area Tile Clean (357RM) living room 21*17 $0.50 $178.50 790 Std Area Santi-T 10 (790RM) sanitize $0.20 $158.00 1 Furnace/Air Handler Duct Clean (AHU) $800.00 $800.00 1 Return Vent Duct Clean 5 total returns $200.00 $200.00 1 Std Area Duct Clean 13 total supplies $105.00 $105.00 Subtotal: $1,861.10 Estimate: $0.00 Discount: $0.00 Tax: $170.31 Total: $2,031.41 Payments: Payment Method Amount Visa *2095 $2,031.41 Balance: $0.00 WARNING: Customer acknowledges being informed and that care should be taken in stepping and understands that carpet is damp during and after cleaning onto non -carpeted surfaces to avoid slipping and hereby releases Steemer from any and all liability for injuries which might t:sustained Stanley Ve as a result thereof. Page 204 of 1140 �C45 1xN0-i� -)tat 30 • v� W (Misty Simpson) Carpets loose at seams or along walls or concrete Floors, or that have been incorrectly or defectively installed, are cleaned at customer's risk Carpets that have been exposed to pets may sometimes not be able to deodorize effectively Any questions regarding our workmanship must be reported within 10 days after completion of work or will be subject to a service charge at our option. Visa *2095 - Misty Simpson Customer unavailable for signature I HAVE AUTHORIZED THE SERVICES OUTLINED ABOVE AND UNDERSTAND THE CHARGES THEREFOR ARE DUE UPON THE COMPLETION OF WORK (Misty Simpson) his em3d was se•i• r. Stanley Stoemer Carpet Cleaner. an Independently owned and operated franchise dba Stanley Steamer@ Misty Simpson, MS, CCC-SLP Page 205 of 1140 r U) W W Y V LU U I O Z Ln LO LL7 m J � IF a U Y U CD L U `nIle } L) CL) Q1 U m a : Z Y c aoi U o m c a) m c c — m 0 2 Q C Cl N a) al a) (n as J N C m r_ CN 1- 'c° m m2 N too Go C N U c m E tiN w m' o Z _CL J d i ic a`> E - E 3 Z O o rt m 0 L a a N C T R m a) o > m a O LL m z a c i � u � d c o (L` r; d O a %a, G ar vt m m co a7 E o Ol o M � a` 2 0 N n C O IL � O O 0 o 0 0 LO 69 69 E a L ILLO C o E U U N m O m m w O a) m E a1 m a) m " O o chi n Z a v U) J 7 cl N Page 206 of 1140 -if a.11 ENCINEERIN Hall Engineering, Ltd. stria „ ,l t>>s1.f �r; ,; nesrfjn, P.O. Box 241302 Constnwtio!! Co?1sulh;tio n Little Rock, AR 72223-1302 Tax ID#: 20-0427046 NWA/MO For questions about this invoice, call our billing line at 501.588.3355 -or- justin@hall-engr.com To: Simpson RE. 2425 E. Sharon St Fayetteville Invoices: Date 21-13951 12/2/2021 DATE DESCRIPTION UNIT PRICE TOTAL 11/27/21 Consult $550.00 $550.00 SEE BELOW FOR PAYMENT OPTIONS See invoice email for link to W-9 Grand Total $550.00 Payment Options: Always include invoice number with payment - Venmo ID is Justin-Hall-HEG (last four of phone # is 1369 for verification) - Cash app ID is $HallEngineering - Credit Card payments go here ------> https://secure.designpay.com/pages/hallengineering/payments - Paypal payments ID is paypal@hall-engr.com - Google Pay ID is Hall EngineringLTD@gmail.com - Checks: Please make Checks out to Justin Hall Payments later than 30 days may be subject to a $25/mo late fee. Arrangements can be made to pay through closing. Contact Justin at Justin@hall-engr.com for those arrangements. Please note that if this invoice is not paid in full that the bill will be sent to collections and the recipient of services will be liable for the collection fees involved with collecting the debt. Late payments may be subject to interest of 2% and collections fees. Page 207 of 1140 QUOTATIONS FOR REPAIRS Page 208 of 1140 6302 S. Wilkerson St Fayetteville, Arkansas 72704 Office (479) 441-9515 20FEB2023 Misty Simpson 2425 E. Sharon St. Fayetteville, Arkansas 72703 RE: 23-02201 Cursory Foundation Assessment and Proposal Dear Misty, Thank you contacting our licensed foundation specialist company to provide a foundation assessment on the residence referenced above. This report shall serve as our opinions as to the current foundation conditions and recommendations for repairs to be done. All references and recommendations are based the Non -Destructive Test (NDT) Methods and local building code by visual observations only. The visual assessment was conducted by Dr. Matthew Johnston, PhD, VP Operations and our International Code Council Certified Master Special Inspector (#8053368). The foundation was constructed utilizing a concrete continuous footing with ASTM C90 hollow stem concrete masonry unit (CMU) block for s foundation stem wall a minimum of three (3) courses tall with a concrete slab on grade for the top out. The concrete slab on grade should be a minimum of four (4") inches in thickness with at least 6"x6" wire mesh for horizontal reinforcement. The concrete should have been placed with a in minimum compressive strength of 3, 000 psi and all exterior concrete should have been placed with 3,500 psi concrete should have been core -filled by building code, with a four (4") inch concrete slab on grade. The footing should have been installed with a minimum of 18" in width and 18" in depth with 3,000 psi concrete and horizontal reinforcement consisting of three (3) #4 bars at equal spacing and cross bracing at 2'-0" O.C. Below shall serve as our opinion(s): Background It is our understanding that a 36" water main ruptured about 345 linear feet to the South of the rear of the residence on September 22, 2021; discharging close to multi -millions of gallons of water based upon local sources, neighbors and background research. This is not to be considered 100% factual as this is all second hand information as nothing could be found to actually determine the exact gallon quantity/flow of the discharge. O iniort s We are of the opinion the entire perimeter foundation should be underpinned due to flooding of the property as described above. The existing soils are classified as a Gravelly Clay with high plasticity indices. The Unified Soils Classification System (USCS) classifies the clays with plastic/liquid limits above 20/40; meaning the soils will shrink and swell with limited moisture introduced.. This is known in geoteclinical enginmring as "linear shrinkage" and can be tested by performing an Atterberg Limits test according to ASTM D4318 Page 209 of 1140 2. We are of the opinion the interior concrete slab on grade should have a lightweight/high density polyurethane foam injected through the slab to consolidate the unconfined sub- surface soils and to stabilize the concrete slab on grade. 3. We are of the opinion the existing concrete slab on grade consisting of the rear patio and the driveway is displaying differential soil settlement. The rear patio will require replacement (at a minimum) to install the rear foundation piers (underpinning) Reconrrnendation(s) 1. We are under the recommendation the perimeter foundation should be underpinned to provide stabilization by the installation of up to (6) hydraulic pressed steel piers consisting of 2 7/8" @ 0.25" wall internally sleeved with a 2 3/8" @ 0.25" wall pipe while supporting the footing and the foundation stem wall with an engineered bracket to bedrock/soil bearing strata (whichever occurs first, providing bearing pressures greater than 3,500 pounds per square foot (pso which may result recovery and crack closure (which cannot be guaranteed) The cost of the foundation stabilization is estimated at $32,000.00; 2. We are under the recommendation the interior crack in the slab on grade should have 4 lbs/ft3 polyurethane foam injected beneath the slab to for soils stabilization and potential lifting of the concrete. The cost of the interior stabilization is estimated at $16,000.00; 3. We are under the recommendation the driveway and rear patio will have to be replaced. The cost associated with this replacement is $13,200.00 The total cost of the foundation stabilization and replacement of concrete as required for the installation of piers and differential settlement is $61,200.00. CONCLUSION We are of the professional opinion the existing issues will continue to worsen over time due to the existing sub -surface soils providing bearing to the perimeter footing. YFS Inc. reserves the right to adjust the pricing based upon current market value. Yricing is valid for 30 days from the date of this survey. Below are some specifications for minimum construction standards that are referenced for our cursory surveys. International Residential Code (IRC) Section R301.1 Design (Comment: The code requithat buildings and structures have adequate srequire that to support the loads and forces without exceeding the allowable stresses on any element) Section R301.5 Minimum Unifurin Live Loads (Comment: The code requires that the minimum live loads be not less than the minimums established by the code) Section R301.7 Deflections (Comment: The code establishes standards for the deflection of members) Section R401.2 Foundation Construction (Comment: The code requires that the foundation construction be capable of accommodating of all loads. Structural fill can also be utilized with appropriate engineering design.) Section R401.3 Drainage (Comment: The code requires that surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm.) within the first 10 feet (3048 mm)) Section R403.1.4 Minimum Depth (Comment: The code requires that the bottom of foundations extend below the frost penetration level, but not less than twelve inches) Page 210 of 1140 Section R403.1.8 Expansive Soils (Comment: The code requires that foundations in expansive soils be designed for that condition) ASTM C1754 Standard Test Method for Density and Void Content of Hardened Pervious Concrete (Comment: The code requires for the concrete to be free of porosity and consolidation by vibratory screed methods, not hand vibration) All opinions and references are in accordance with the International Code Council, the International Residential Code and the Arkansas Fire Prevention Code as it pertained to the minimum specifications as required by local building codes. This professional opinion was based upon a cursory examination of the crawlspace construction materials visible at the time of examination an this specific day within the, given range aje•nviratunental factors an the date of this report above. Other opinions could perhaps be developed as the result of it technically exhaustive engineering design by a licensed engineering firm. Such a study could involve several hours of information gathering at the site, laboratory/ testing, research, and engineering analysis; involving a substantially higher fee (begbuning at ($1,500.00). 77eis cursory survey should not be construed as a guarantee or warranty of any kind in the construction methods utilised This professional opinion is for the sole use of the Precision Foundation: Specialists Inc's (PFS inc.) client and is the intellectual property of PFS Inc. Client will defend, imlent nify, represent and hold harmless PFS, lun from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in this document. No release without having obtained PF5, Inc's written consent prior. PFS Inc. does not authorize client to share this information with competing companies. Unauthorized rise is will be punished by to the frill extent of the law through all legal avenues. By release of this report all parties promise to in indenenify, represent and defend any and all claims for any damages clainned by others in tlw use of this report including loss of real estate contract. Liability is limited to the fees for the services provided Thank you far calling upon PFS Inc. for this service. Respectfully submitted, Precision Foundation Specialists Inc. By: b!^. AA&ff MA-a7 ;,_PGA. b; C/O Pr-S 1?W Dr. Matthew Johnston, PhD., ASCE, CSE CSI `,`'1� ,......... uly�� , PRECISION ra _ - FOUNDATION "= W :SPECIALISTS INC c_ %V eK NOr.=UiIIC: 4 Page 211 of 1140 AiVEST/ Foundation Solutions Project Summary Lift and Level Permanently Stabilize Foundation Prepared by: Billy Clark bclark@vestafs.com VESTA Foundation Solutions www.vestaofarkansas.com TF 479-424-1188 O Arkansas Admin 2021 Prepared on: 7-21-23 Prepared for: MistySimpson misty@starpedtherapy.com P (479) 283-5121 Job location: 2425 E Sharon St Fayetteville, AR 72703 TotalInvestment........................................................................................................................... $44,816.75 SameDay Coupon........................................................................................................................... $2,240.84 Total Contract Price......................................................................................................... $42,575.91 DepositRequired -25%................................................................................................................... $10,643.98 DepositPaid......................................................................................................................................... $0.00 Amount Due Upon Installation........................................................................................ $42,575.91 Customer Consent Any alteration from the above specifications and corresponding price adjustment (if necessary) will be made only at the Customer's request or approval. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. This Proposal is based primarily on the Customer's description of the problem. This Proposal may be withdrawn if not accepted by the Customer within 10 business days due to prices being subject to market fluctuations. Authorized Signature Date Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, (together, the "Contract"). You are authorized to do the work as specified in the Contract. I/we will make the payment set forth in this Contract at the time it is due. I/we will pay your service charge of 1-1/3% per month (16% per annum) if my/our account is 5 days or more past due, plus your attorney's fees and costs to collect and enforce this Contract. NO VERBAL COMMITMENTS AND PROMISES ARE EXPRESSED OR IMPLIED OUTSIDE OF THIS WRITTEN DOCUMENT. Customer Signature Customer understands VFS is not liable for damage caused by lift. Customer understands original position may not be possible. Date Initial Initial No Co nere�te \k) n)LL- VESTA Foundation Solutions Job Location 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 Page 1/7 7-21-23 (5) Page 212 of 1140 Job Details VESTA Foundation Solutions Job Location Page 2/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 213 of 1140 Job Details (Continued) Specifications 1) Install PolyLEVEL as indicated on job drawing. 2) Install Push Pier(s) to support the foundation as shown on job drawing using a standard bracket. Final Location of pier(s) is subject to field conditions. Footer will be prepared by notching the concrete to seat bracket. External sleeve will be installed to re -enforce the pier system. The friction reducing collar will be utilized to ensure proper depths and load testing. Once complete the pier will be locked, benchmarked, and documents. Load testing and depth logs to be delivered upon completion. 3) Excavate the soil at each pier location to the footing. Backfill and tamp soil after the system is installed. 4) Remove and replace concrete as indicated on job drawing. Contractor Will 1.) Remove and replace concrete as necessary in the workplace. Concrete will vary in color from what is existing. 2.) LIFT IS ALWAYS ATTEMPTED BUT NOT GUARANTEED. Every house or concrete fixture responds differently. 3.) Attempt to lift the foundation, but is not responsible for cosmetic damage that may result. 4.) Install dates are given but can be changed for circumstances outside of Vesta's control, such as weather, or equipment failure 5.) Install piers to any depth necessary at no additional cost to the customer. 6.) Benchmark the foundation and provide depth logs to customer when complete. 7.) Inject POLY Level foam on the inside of each pier to ensure settlement does not occur inside of the home. 8.) Coordinate to have utilities marked. 9.) Vesta can not guarantee that cracks will close either inside or outside. The customer is responsible for tuckpoint on exterior brick, or drywall interior cracks. 10.) Consult the customer if additional work is needed. This could be true if while doing work the production team comes across additional areas of concern that were not previously noted. No additional work will be done without the consent of the customer. 11.) The landscape will be disrupted. Vesta is not responsible for replacement. 12.) Remove and replace concrete as necessary in the workplace. Concrete will vary in color from what is existing. Vesta is not a concrete finisher therefore the texture will be different. Customer Will 1.) Move items out of the work area space. If items are not moved and the production crew has to move items, the customer will be charged accordingly. If the job has to be rescheduled because items are not moved, the customer will be charged $750.00 2.) Have flooring repaired or replaced once the project is complete. 3.) Remove carpet. 4.) Mark any private lines that may be hidden underground, and assumes all liability if damage should occur to such lines. 5.) Be available at START and FIN ISH of the project for a walk-through with the Foreman. This is intended to provide any changes needed for a successful installation. 6.) Customer will have HVAC duct lines in slab scoped and mapped prior to installation by third party provider. 7.) Call prior to 10 days of install date if rescheduling is necessary. If customer calls within those 10 days prior to installation a $750.00 rescheduling fee can be applied. 8.) Be responsible for any replacement of landscape. VESTA Foundation Solutions Job Location Page 3/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 214 of 1140 Job Details (Continued) Additional Notes Underground lines that cannot be located may be subject to damage during excavation. Vesta is not liable for damage to underground hidden lines that may be damaged. Customer understands to move personal belongings away from work area prior to installation date. If items are not moved then the project will need to be rescheduled and subject to a fee of $750. The design of your system may be subject to change based on field conditions but is not limited to movement of product or possible additional products to help correct the issue. Customer understands that VFS will attempt to confirm installation date and time 10 business days prior to installation. If we are unable to confirm the installation date, the project will need to be rescheduled and subject to a fee of $750. Jobs with multiple services are subject to payment of each service upon completion of that service Product List Lift and Level Polyl-EVEL........................................................................................................................................ 3 areas Permanently Stabilize Foundation 3" Push Pier, Standard Bracket..................................................................................................................... 29 PierExcavation, 0-5'............................................................................................................................... 29 ft ConcreteR & R, Per Pier.............................................................................................................................. 4 Lift and Level - Areas Area Title LxWxD Lbs Location Notes Back patio/sidewalk 25x10x1 80 Back Patio and sidewalk have settled Lifting Interior bedroom floor 16x16x1 82 Other Bedroom floor slab has settled Lifting (Indoo-) Kitchen floor 10x16x1 51 Other Kitchen floor has settled Lifting (Indoor) VESTA Foundation Solutions Job Location Page 4/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 215 of 1140 t l 'ore �h '�. _. -.... ..•st',r � I - 1J,J.�f �._M- �. I• C ti41� =�.•� CONTRACT AORFEMFNT EART14 - her osIm m4wmd to w dw 'CONMACTOR• NM ���'_1[]�,�y) hr.Yherher n1MrMf b as'Ow7iER'. Nnba.aa,a cm"..-7 `.' cw»Uv~ to M nwYnl And 0!aYtiM1AMG,1 t�br* I~ In�tlfN1 Can toad br " 600—'COrRRACTOIY and "(PAN R' who w.neve r er hNshe a ar Ill. nvmer ehs R— and hello ties aw right Will ftuftw y to cennInc aq aaanralwf wok deNUMMI taahw, .nor do hereby •O'er An Ilwvw I DESCMI T)ON Of TM WORK rose ►ERMAMM eY CONTRACTOR: 36ExariuPie _IMarlornr.t _Pup" Pat .--0Wr9s Fxea'horWas Inlarbn fM.s Dues _ tv" nA Rath , FrtftrW D-p Drain _. k,leM floor Drab — .lane Pura _ _ sbch- p Pw-v — SWAM Orson � ppory syaA" — Wns AaarrJ"M _ nuparxl asset Work shoe be O 00rad H -10 days Canbasor" rrnpve and heal awes Mt oonsttudbn an*. r+s'a tepon d.bM craft trash I1an1 aw Rerrlse► Cords, for over h.rlerh as neosasay eputpmsrv. rneW W and suppo" end pwrnnn and rnmprola no labor And sonnom In A good watlmatAke m.nra, Ca trace" wu- rants eat the Company Is awtaed, NO OuaYaed to psrkvm and ct:mp ets the anovedmenbed work. AA the above d.*crbod CCrwtntben, v 1nitstlon, and work n prsaurmW tv vrlprove and a rlancs ew value d the property and At tabors and melonal, hmsshnd try Contractor stun bsmfv part of the Corner's rear cavperty. a PFXE AND PAYMENT SCHEDULE. V.M coal to the mawr for tf o &Wva6esrcbed wot'c .Tr i . of which 3 Is due upon &=Wv oo of an contract. $whan work bagtns, grid S _ on ccntpbbon. Any any Y Wlkirg poet b. lreren fees. I• specbm Aces Ly govommsntal agency Muni hg, hid not smaed to the Cayt31ale of , 511.4 be paid by Conv.a.v In ohs &—M , line Owner's taeuu to p'anpcy Pay ConOacfa punsi" to this pgrnerri adwduk, L) nw "be aaUe for any and tl cbaectan fen rr..WOrvf anarnv`!: tines. It the Ifu>fl and wrlwce l a a nfechenka' ern wWor o1Mr bpd Ianhe6er aved" in the Contractor to enforce this Contract Ill. MODIFICATIONS AND CHANGES: Any Cluargsa or varlahms from the abo-m dew.ptlms and spedg=Oo n In this Contract irwtmg exba mats w ri Do bvfdvfg and eiscu*d only m 1"r". signed by all Part" and shell ins an extra &Argo, over and above the Cortlned pace M DISCLAIMERS: t. Con"dor wig bake great care for plants and shrubs larnporsrey, rhtnhovsd for work to be partomwd. At plants wA be mplarKed by Con- tractor but ill not be responsible for 11fo or longavity. 2. Contractor will attempt to stop any water inuuslon caused by work performed, but will not be responsible for any water damages caused to any Items or obods uakde of tlro foundation system 3. Any damage to the slrudum or uW'ales caused by the Contractor as . result of negligence or accident val be repaired by the Contractor. Lifting a structure can cause some co3mauc damage. such as cracks In sheet -rock, cbncrata and other rigid materials. Therefore, damage reeudng from Ming the structure as called for In the Agreement will not be the mspons"lity at the Contractor. C The warranties cover the performance of systems insfeled by the Contractor Piecing Systems cover stabilization only. Contractor will achieve UR recovery as structure allows. 5. This Contract is contingent upon there not being any'unfavomblo delays' that shad be mrplrued to mean delays due to strikes, Iocko &, acts of God, Inabddy to obtain labor or materials, governmental restrictions, ertemy or terrorist action, dvii condition. Am. unavoidable casuaty or similar cause beyond the control of Contractor. V. N0710E TO OWNER: FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THE CC TRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH 19 THE SUBJECT OF THE CONTRACT. TO AVOID THIS RE SULT, YOU MAY ASK THIS CONTRACTOR FOR A'LIEN WAIVERS' FOR ALL PERSONS SUPPLYING MATERIALS OR SERVICES FOR THE WORK DE- SCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR THE LABOR AND MATERIALS TWICE, VI. COUNTERPARTS: This Contract may be executed In counterpart, each of which Mall be deemed an original but al of which logatlher shall constitute, on and the same Contract. WI. ENTIRE AGREEMENT: Thus contrad constitutes ftte entire understanding and agreement between tea Carntredor and Owner wth regard to al meters here- in. There are no other agreements, condlons, or represeMalion, oral or written, expressed or Implied, with regard tMrelo. The Contract may be amended only in writing, end signod by both Contracia and Owner. VIIL 131INDINGEFFECT: The provWons of 11" Conlred Shag be birift upon ecceplango by Contractor and Ownw and their raapectve a ccesson and esatgns- IX GOVERNING LAW: This Contract"be censVired and er forted in accotdante wah the laws of ter Stab of ArMnsaa. X. ACCEPTANCE: We have read and and agree to the lemma eM condition" of title (Ore n forte above. NDOe 1Tda trod Aryaement'BID' may drawn by us If not accepted twthin �1L days. O.Wtor QL-oW (0d I goo i Page 216 of 1140 Fanning Construction RECIPIENT: Misty Simpson 2425 East Sharon Street Fayetteville, Arkansas 72703 Phone: 4792835121 'L1_.r Sent on May 3! 11,, =3 LJaL1 11 UU1II uemo and Remodel 1 $5,950.00 $5, 950.00 Bedroom Flooring 1 $4,725.00 $4,725.00 Marble Shower 36"x59"x88" Pan, walls, trim, & soap dish ' $5,400.00 $5,400.00 A 30% deposit will be required to begin. &a ue FO"" U`,wSu c,i Jun 07, 2023 Date Client Signature This quote is valid for the next 30 days, after which values may be subject to change. Total $16,075.00 j Page 217 of 1140 Bath Makeover of Arkansas 8215 1-30 West Suite A Little Rock, AR 72209 US + 1 8005164214 ADDRESS Misty Simpson 2425 E Sharon St Fayetteville, AR 72703 ACTIVITY DESCRIPTION Shower Replacement Demo of Existing Bathtub, Inspect Plumbing, Treat Mold and Mildew, Haul off Debris 58 x 34 Biscuit Shower Base Horizon Beige Standard Wall System 4x Single Tier Shelves (Black) Matte Black Fixtures Universal Shower Head Double Sliding Clear Glass Door Flooring (Labor Only) w wYfiwr4�lfifiYYYxfiM#*wrifi**waif*!}�rfiRrr#w*wYYY*YYifii•##*:rrr Discounts Applied Spring Into Savings Event $1000 off Installation $200 Senior/Military Discount $200 Target Gilt Card rsrirrrrrfi,erw+irr*r*sr►rrrr.rrrrrasrr*rr**�,**ri**i**r*x**ira Added Value 5 Year Workmanship Warranty Acrylic Lifetime Warranty Taxes included. Wants Target Gift Card Accepted By Zk Al — Bath Makeover NO of Arkansas QTY RATE AMOUNT 1 13,400.00 13,400.00 1-1,200.00-1,200.00 7 0.00 0.00 TOTAL $ 1 2,200.00 Accepted Date THANK YOU. Page 218 of 1140 Mac Residential Services LLC 1905 Town West Dr Rogers, AR 72756 mmacleay@hotmail.com macresidentialservices.com iv E - ;ate ADDRESS Misty Simpson 2425 E Sharon St. Fayetteville AR United States AR 72703 START DATE ON (OR AROUND) July 24 Sales Onyx Collection Shower: 1) Demo existing tile shower and dispose of all job -related debris. 2) Apply necessary mold inhibitor and clean studs, concrete, and walls to address mold. 3) Repair wood and interior wall board damaged by water intrusion. 4) Install new moisture -resistant drywall. 5) Provide and install Onyx Collection shower kit (60x34" pan, walls, shower caddy, and door); color is TBD. Sales Bathroom drywall and flooring: 1) Remove and save for reinstall bathroom vanity, top, toilet, and mirror. Demo existing drywall approx. 4 feet high around the bathroom. Demo existing tile floor and window. 2) Clean all mold and treat with mold inhibitor. 3) Reinstall drywall, finish, texture, and prime. 4) Provide and install new luxury vinyl plank flooring including baseboards. 5) Provide and install new window to replace moisture -damaged unit. Provide and install appropriate trim. 6) Reinstall vanity and top, mirror, and toilet. Sales Bedroom flooring: ESTIMATE # 1711 DATE 05/14/2023 APPROXIMATE INSTALL LENGTH 12 Days %,600.00 4,500.00 3,400.00 7,600.00 4,500.00 3,400.00 Page 219 of 1140 +,u 1) Demo existing laminate flooring and baseboards in master bedroom. 2) Provide and install necessary underlayment in master bedroom. 3) Provide and install luxury vinyl plank flooring in master bedroom. 4) Provioe and install painted baseboards in master bedroom. Sales Drywall ceiling repair: 1) Repair drywall cracking that has occurred on the ceiling area of the master bedroom, hallway, and front entry that has occurred due to movement caused by water damage. Accepted By 1,950.00 11950.00 TOTAL $17,450.00 Accepted Date Page 220 of 1140 NWA Creative Spaces Lic ESTIMATE Kevin Fronterhouse EST0218 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 TOTAL 479-305-4631 USD $10,088.90 www.nwacreativespaces.com kfrontin20ll@gmaii.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION RATE CITY AMOUNT Remove old retaining wall in back of fence $425.00 1 $425.00 Remove old retaining wall in back of fence and haul off. 425. Move shed. and re form foundation Move storage shed and Grade out soil underneath. put back in place and stand up on shed foundation blocks. $1,500.00 1 $1,500.00 Foundation blocks. 90. run treated 2x4 in slots in blocks and screw shed skids to them for support. Remove bad soil ie day from back yard. $2,820.00 1 $2,820.00 Remove bad clay soil from back yard. re slope yard for proper drainage. Appx 6" bad soil. Appx 36 to 48 cubic yards bad soil. Including haul off. Add one load topsoil back $1,475.00 1 $1,475.00 blade out one load topsoil to back lawn. soil 425. Machine and hand work.1050.14 Sod back yard with fescue sod. $2,400.00 1 $2,400.00 6 pallets fescue sod. 2100. delivery 300. labor laying sod. $650.00 1 $650.00• SUBTOTAL $9,270.00 TAX (9.5%) $818.90 TOTAL USD $10,088.90 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs Page 221 of 1140 NWA Creative Spaces Lic Kevin Fronterhouse Business Number 479-530-4767 25 Wallin Mountain Road West Fork, Arkansas, 72774 479-305-4631 www.nwacreativespaces.com kfrontin20ll@gmail.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION Side and front yards except west side of house. Blade off excess soil appx 3 inches and haul off. Front and side yard. remove appx 11 yards of old soil. one truck load. Fescue sod front and sides. 5 pallets. 1750. delivery 250. Labor installing sod. SUBTOTAL TAX (9.5%) TOTAL RATE QTY $1,460.00 1 $1,975.00 1 $600.00 1 ESTIMATE EST022O DATE May 4, 2023 TOTAL USD $4,361.33 AMOUNT $1,460.00 $1,975.00 $600.00• $4,035.00 $326.33 USD $4,361.33 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. Page 222 of 1140 FAY -ARK Fay -Ark Lawn Co. LLC LAWNS 155 Whitney Lane I Farmington, Arkansas 72730 4799666409 1 office@fay-ark.com I landscapefayetteville.com RECIPIENT: Quote #91 Misty Simpson sent on Jun 14, 2023 2425 East Sharon Street Fayetteville, AR 72703 Total1 :' -•� • QTY. UNIT TOTAL: PRICE Landscape Projects Remove 3 wooden decks, and haul away. 1 $19,472.34 $19,472.34 Dig up and haul away approx. 4-6" of soil that washed into yard from water leak. Install approx. 4" of sifted topsoil in the backyard. Grade lawn properly to drain to the south side of backyard (into back drainage ditch) Install fescue sod in the entire backyard. Move shed to remove soil from water leak, then reset shed on cinder blocks in the southwest corner of yard (where it is sitting currently) Remove approx. 4" of soil in front yard (west side 1 /2 of front yard), then install topsoil, and seed/straw those disturbed areas. Cleanup brush/debris on west side yard. Haul away all debris cleaned up. A deposit of $10,685.45 will be required to begin. This quote is valid for the next 10 days, after which values may be subject to change. By signing this quote you have agreed to the terms and conditions attached. Signature: Date: Subtotal Sales Tax (9.75%) Total $19,472.34 $1,898.55 $21,370.89 Page 223 of 1140 Gmail Bid 1 message Joel Scott <jmsenterprisesofar@gmall.com> _ To: Misty@rfarpedtherapy.com Good afternoon I am awry but I am unable to bid on your project due to: 1. Concern about damaging the roots of uie larg_ pine trees during excavation 2. Concern about proper eradication of fungus/mold on current soil I appreciate you thinking of us and hope we can work together on a future project. Joel Michael Scott The Lillian Co. LLC License No. 0409410122 landscaping, maintenance and home repair 479.966.7334 https:/A ww.therylllanco.corV yc"f-d N" 5; J Misty D Simpson 'cmisty®starpedtherapy.rlom> Fri, Jun 9, 2023 at 3:69 PM Page 224 of 1140 PRIVACY FENCE. TNV, i' '1//s1�3� ESTIMATE: T W T F S PO Box 7S82 INV* 23- 0952 Date: - 2023 AM / PM Springdale, AR 72766 AR Contractor Llaeroe # APPROV DATE: __--_J_/2D23 Office: 479-751-7894 D3562UTnXn[E52 APPROX START: ��_� 2o23 PrivaUFenceNWA&g . An AwG 1>Hrt1.5 C4RWLi Q„-41VUE C13X aoilreODUM CONTR A LIST C9RN proposal J Invoice GTE' LC OZC.O OtARIt NC'r S)rYEPOD WS REF ' MET NU REF site+ scant ya ARKUPS: ! AM / PM Client: ]J' 1ISr. �';rarry.G,�� Email: _Mt�7"� vS-P-f— eo(--�iergp Address: a40s E. /-O"-j C> jju, A e- Phone: l.(11- I Cl TREES/BRUSH Q HILLSIDE % p (� �` /... �s0 tip B� t,"✓� L' �Wv.J)'S.�l 6 ._ 64 �� ❑ ROCKY b (J i P�ssu,r WATER AVtdL4SLE 'A ®" 0,2' OFF (� OUND 1 etsE+ Q r�5 EL>=C TUCTTY NOT- oSB- t AVAILABLE ❑ FENCE S 3 OFF GROUND>2" 7T �" rt rst't 1>t— — ❑ FINISHED Jili SIDE OUTSIDE LI FINISHED' "" "� �q� �IvS jj•jD2tti SIDE INSIDE Z WmiL 4D &%I'- O DOGS"' "PRESSURE TREATED RAILS AND POSTS USED UNLESS OTHERWISE NOTED ON THIS PROPOSAL* FE TYPE Pl ETS HEIGHT FOOTAGE BOARD We propose to furnish material and tabor, TO BOARD CI PRESSURE -TREATED PINE 4FT/ 5FT .6FJ ;L;1L( 9� with the included specifications r e sum ❑ SHADOWBOX ❑ EASTERN CEDAR 4FT / 5FT/ 6FF OE ❑ BOARD ON BOARD ❑ WESTERN CEDAR 4FT JSFT/ 6FT CHECK/CASH PRI 5 7 3 4 ❑ ORNAMENTAL IRON ❑ MAJESTIC (SMOOTH TOP) CREDIT CARD PRICE; $ 2 RAIL ❑ CLASSIC (PINCHED PICKET) 4FF / 5FT / 6FT YfSA 3 RAIL ❑GENESIS (EXTENDED PICKET) (3.S% processing fee applicable) ❑ CHAIN LINK GAUGE TERM POSTS yAx; $ NIA GALVANIZED VINYLCOATED LINE POSTS 4FT/5FT/6FT DEPOSIT.• 5 �` BLACK GREEN BROWN TOP RAIL • TEAR OUT footage 3') ��f"/�� �%L�+ B.,L UPON COMPLETION $ tI TV k� He�helpsV-ow v v AN P(S 727 Mj' 11 O HAUL OFF footage OTHER:/\ f �VOUBLEGAT SINGLE GATES; PTS 1 lyPaY❑WOOD FRAME E STEEL FRAME iorVourpro� VWtoutwebdteof Scan the QR code below O CHAIN LINK ❑ C IN Ill htto:UPrivac4Fe t�rNWA corn ❑ ORNAMENTAL 13,15RNAMENTL Optional: Y / N - PostmasterSteel Posts, add to total $ Y J N Galvanized Steel Gate Frames, add to total 5 'Acceptance Client Signature: PFI Signature: of ProposalDate: / /2023 Date: r% / l /2023 INC* Privacy Fenix, Inc. agrees toridindnw xfuded are: aRgmoem due to warong, %pitting, twtong, shbeaM , di lD the, or In; be applied In the wood kt � used under this contract It Is n!taFnrnerdcy Vat sealer —�- p ie chased by ads of God, wee", InWen4U Rponskb ming yin responSbNlry mnrrrtrnrg Ixs no drnuru-twrrrs dots PiNncy Fence, Inc assnrne orry iry c nc vt > survet'M. The cilent WE defend PAwy Fmtr.., vie fence. Privacy Fence, Inc. wld ass ur r 11 rNaq Fence, Inc asunws no res7oreAY y for unmarked wrinkle lines w any other l•! i� r( `. t r-tny Privacy Fence, Inc to"in the immediate vktnrty v `•+ v An) additfora or dtengas wn ewe tt* �p2�t and wll boeLnfi dug and p7/3bk to Privacy Fenn, Inc,i 1 the Lens or the dontram The client agrees to pay all Page 225 of 1140 Fanning Construction RECIPIENT: Misty Simpson 2425 East Sharon Street Fayetteville, Arkansas 72703 Phone: (479) 283-5121 Labor labor charge includes demo, rebuild, back patio 1 a build, and haul off/cleanup. $9,226.35 $9,226.35 Materials Materials needed for demo & construction. 1 $5.575.63 $5,575.63 A 30% deposit will be required to begin. Job consists of demoing 10x20 patio cover & rebuilding, building a 10x20 deck attached to front of bedroom. 30% deposit will be required to began. This quote is valid for the next 30 days, after which values may be subject to change. Signature: Date: Total ! $14,801.98 Page 226 of 1140 CJ 1IKNIt Kevin Frontertrouce EST0219 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 479-305-4631 TOTAL www.nwacreativespaces.com JSD $8,61765 kfrontin2011@gmail.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@sta rpedtherapy. com DESCRIPTION RATE QTY AMOUNT Back pergola torn down and hauled off. $970.00 1 $970.00 Totally remove back pergola. Dump fee 250. labor 820. Install new patio on top of old concrete patio. S3,000.00 1 $3,000.00 200 sq ft. New Pergola $3,900.00 1 $3,900.00 New cedar 10 x20 It, made of cedar pergola with clear top drained away from house with gutter in front. still have to clear this price could be more or less. $0.00 1 $0.00 SUBTOTAL $7,870.00 TAX (8.5%) $747.65 TOTAL USD $8,617.65 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. Page 227 of 1140 PTVV^ �IP01,Wb LIL; ESTIMATE Kevin Fronterhouse EST0219 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 479-3D5-4631 TOTAL www.nwacreativespaces.com USD $8,617.65 kfrontin20ll@gmaii.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION RATE QTY AMOUNT Back pergola torn down and hauled off. $970.00 1 $970.00 Totally remove back pergola. Dump fee 250. labor 820. Install new patio on top of old concrete patio. 200 sq ft. New Pergola New cedar 10 x20 ft, made of cedar pergola with clear top drained away from house with gutter in front. still $3,900.00 $3,900.00 have to clear this price could be more or less. $0.00 $0.00 SUBTOTAL $7,870.00 TAX (8.5%) $747.65 TOTAL USE) $8,617.65 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. r L Page 228 of 1140 L ifF_1 R R Prepared For Misty Simpson 2425 East Sharron st. Fayetteville, AR Pennington Home Repair & Remodeling 479-601-6100 14485 Elkhorn Springs RD Fayetteville, AR 72704 Estimate Date Estimate Number 05/17/2023 51624 Reference 2425 E. Sharron st. Description Remove back roof over concrete slab & haul off debris. Frame old slab & pour slab on top. Build new 10'x20' cedar pergola. Install clear corrugated roofing panels, install gutter on the pergola on the low side. Rate Qty Line Total $1,500.00 1 $1,500.00 $4,000.00 1 $4,000.00 $4,750.00 1 $4,750.00 Subtotal 10,250.00 Tax 0.00 Estimate Total (USD) $10,250.00 h Notes��d� Thank you, Michael Pennington There will be a 4% additional charge for all payments made by credit card. Page 229 of 1140 he rot on the overhang from the pilar sinking that holds it up. I can get more photos if you need. Shows the fence being on top of garden beams Page 230 of 1140 ,- � StateFarm October 25, 2021 Jan Phillips Insurance Agency, Inc. 3612 W Sunset Ave Springdale, AR 72762 RE: Misty D. Simpson 2425 E Sharon St Fayetteville, AR 72703 Policy Number 04-BE-13130-01' This is to inform whomever it may concern that Misty D. Simpson does not have a flood insurance policy with this agency. Furthermore, her homeowners policy with State Farm includes the following exclusion: c. Water, meaning: (1) flood; (2) surface water. This does not include water solely caused by the release of water from a swimming pool, spigot, sprinkler system, hose, or hydrant; (3) waves (including tidal wave, tsunami, and seiche); (4) tides or tidal water; (5) overflow of any body of water (including any release, escape, or rising of any body of water, or any water held contained controlled, or diverted by a dam, levee, dike or any type of water containment, diversion, or flood control device); (6) spray or surge from any of the items c.(1) through c.(5) described above, all whether driven by wind or not; (7) water or sewage from outside the residence premises plumbing system that enters through sewers or drains, or water or sewage that enters into and overflows from within a sump pump, sump pump well, or any other system designed to remove subsurface water that is drained from the foundation area; (8) water or sewage below the surface of the ground, including water or sewage that exerts pressure on, or seeps or leaks through a building structure, sidewalk, driveway, swimming pool, or other structure; or (9) material carried or otherwise moved by any of the water or sewage, as described in items c.(1) through c.(8) above. However, we will pay for any accidental direct physical loss by fire, explosion, or theft resulting from water, provided the resulting loss is itself a loss insured. Page 231 of 1140 Please contact us if you have further questions regarding this matter. Sincerely,_ 1 Jan Phillips Agent 479-756.3505 lan.phillips.b2y6@statefarm.com Page 232 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Kevin Springer, Budget Director DATE: October 5, 2023 SUBJECT: 2024 Millage Levy RECOMMENDATION: CITY COUNCIL MEMO 2023-1123 City staff recommends that City Council approve the millage levy ordinance which includes 0.4 mils for the Policemen's Pension and Relief Fund, 0.4 mils for the Firemen's Pension and Relief Fund, 3.7 mils for the Fayetteville Public Library, and 2.3 mils for 2024 General Fund operations. The mils remain unchanged from last year's millage levy for 2023 General Fund operations. BACKGROUND: Each year the City must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the City. This request will provide for such levy on property assessed during 2023. As of August 6, 2023, the total assessed value of real and personal property located within the city limits of Fayetteville is approximately $2.36 billion. The assessed valuation comes before the Washington County Board of Equalization has made all changes to the County Assessors Abstract. DISCUSSION: A millage levy ordinance must be approved by City Council in order for the City to continue to collect property taxes for the Policemen's Pension and Relief Fund and the Firemen's Pension and Relief Fund. The millage levy for the Policemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils for personal property. The millage levy for the Firemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils for personal property, as was approved by referendum. A millage levy ordinance must be approved for the operation of the Fayetteville Public Library. One was approved by the voters on October 1, 2002 and was for 1.0 mil for real property and 1.0 mil for personal property. On August 9, 2016 the citizens of Fayetteville voted to increase the millage for the library. The referendum approved was for an increase of 1.5 mils for operations for a total of 2.5 mils for operations. Additionally, 1.2 mils were approved by the voters for the bond debt service for the library expansion. Total millage for the Fayetteville Public Library is 3.7 mils. The 1.20 mils will be removed when the bonds are retired. Finally, City staff is requesting that City Council approve a millage levy ordinance for General Fund operations in the amount of 2.3 mils for both real and personal property. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 233 of 1140 The 2024 proposed property tax revenue amount based on the 2.3 mil levy is estimated to bring in $5,304,000 in General Fund revenue. Below is a proposed calendar of meetings which can be used to discuss the millage levy. Tuesday, September 26 Agenda Session Tuesday, October 3 City Council Meeting Tuesday, October 10 Agenda Session Tuesday, October 17 City Council Meeting The millage levy must be at Washington County in time to be included in their consolidated levy ordinance which is anticipated to be approved at the November 16, 2023 Quorum Court meeting. The deadline for receipt of the City's levy by the County is October 31 each year. The City levy will be added to the levies by Washington County, the various school districts, improvement districts and other cities within the County when the Washington County Quorum Court adopts its millage levy for 2023. A summary of the millage request is below. 2.3 mils for General Fund Operations 2.5 mils for the Fayetteville Public Library Operations 1.2 mils for the Fayetteville Public Library Expansion 0.4 mils for the Police Pension Fund 0.4 mils for the Fire Pension Fund BUDGET/STAFF IMPACT: The 0.4 mils Police and 0.4 mils Fire are needed to fund each Pension plan. The 2.5 mils are used to fund the operation and the 1.2 mils will be used for the bond debt service for the Fayetteville Public Library. The 2.3 mils request will be used to fund General Fund operations. ATTACHMENTS: SRF - 2023 Property Tax (#3) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 234 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1123 2024 Millage Levy AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2023 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That a tax is hereby levied on the real and personal property within the City of Fayetteville, Arkansas, for the year 2023 to be collected in 2024 for the following purposes at the following rates: REAL AND PERSONAL PROPERTY Purpose Levy General Fund — Operations 2.3 mills Fayetteville Public Library — Operations 2.5 mills Fayetteville Public Library — Expansion 1.2 mills Policemen's Pension and Relief Fund 0.4 mills Firemen's Pension and Relief Fund 0.4 mills TOTAL 6.8 mills Section 2: That the real and personal property tax so levied and the rates provided therefor are hereby certified to the County Clerk of Washington County, Arkansas, to be placed in the tax book and collected in the same manner that the county and school district taxes are collected. Section 3: The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance in the Office of the County Clerk for Washington County, Arkansas. Page 1 Page 235 of 1140 Ordinance: File Number: 2023-1123 Page 2 Page 236 of 1140 Kevin Springer Submitted By City of Fayetteville Staff Review Form 2023-1123 Item ID 10/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/14/2023 BUDGET & INFORMATION MGMT (133) Submitted Date Division / Department Action Recommendation: City Council is requested to adopt real and personal property tax rates for 2023 for the Policemen's Pension & Relief, the Firemen's Pension & Relief Funds, the Fayetteville Public Library and the City's General Fund. The rate to be adopted for the Policemen's Pension & Relief Fund and the Firemen's Pension & Relief Fund is 0.4 mils for real property and 0.4 mils for personal property. The rate for the Fayetteville Public Library is 3.7 mils for real property and 3.7 mils for personal property. The rate requested for the City's General Fund is 2.3 mils for real property and 2.3 mils for personal property. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title 5 - S - S S - Previous Ordinance or Resolution # 6601 Approval Date: V20221130 Page 237 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1141 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: September 27, 2023 SUBJECT: Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Parti Investments, LLC necessary for the Highway 71 B Corridor Project. RECOMMENDATION: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Parti Investments, LLC necessary for the Highway 71 B Corridor Project. BACKGROUND: The School Avenue and College Avenue Corridors serve as the major north -south route through the central part of the City and are major commercial and retail destination. Maintaining and improving the corridors will allow them to continue to serve mobility needs, and to continue to develop/redevelop as commercial corridors. Improvements to these corridors will include striping, widening and/or narrowing of the roadway, utility relocation (including burial of overhead utilities), sidewalk/trail installation, accommodations for transit systems, elimination or reconfiguration of driveways, additional traffic signals, medians, plazas, art installations, lighting, wayfinding, protected intersections, parking, and other corridor improvements identified in the design process. In December of 2021, the City Council approved a design contract with Garver, LLC for the detailed design of this project. The design is complete and the project is planned to be bid after the land acquisition is complete. DISCUSSION: Right of way and easement acquisition began for this project in July of 2023. Staff has been successful in acquiring all but a few of the properties for this project. The owner of this property at 1150 N. College Avenue has refused to sign right-of-way and easement documents. This is one of the last of the 13 properties to be acquired for this portion of the project. Staff will continue to negotiate with this property owner to avoid condemnation if possible. However, it is imperative that the right of way be acquired in a timely manner so as not to delay the construction. The City is acquiring 2,101 square feet (.05 acres) of utility easement and 200 square feet (.000 acres) of right of way from this property. BUDGET/STAFF IMPACT: The corridor improvements are funded by the 2019 Transportation Bond Program. The agenda item staff Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 238 of 1140 review form indicates $10,878.75 as the cost of this request. It should be noted that this is an estimate, based on the appraised values of other properties on this project, and that the final cost is subject to negotiation with the property owners or by court order. An appraisal for this property has been ordered. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed for each property. ATTACHMENTS: SRF (#3), 1150 N College Vicinity Map (#4), Parti Investments (Adam Day) Documents and Exhibits (#5), Parti Investments (Adam Day) Case History (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 239 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1141 Approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Parti Investments, LLC necessary for the Highway 71B Corridor Project. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY PARTI INVESTMENTS, LLC NEEDED FOR THE HIGHWAY 7 1 B CORRIDOR PROJECT WHEREAS, the City of Fayetteville and Parti Investments, LLC have been unable to agree upon a fair price for approximately 0.05 acres of utility easement and 200 square feet of right-of-way needed to complete the Highway 71B Corridor Project; and WHEREAS, the City of Fayetteville needs to gain possession of this needed property promptly to begin work on this public improvement and to not delay construction of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the Highway 71B Corridor Project and owned by Parti Investments, LLC, that is needed for a utility easement and right- of-way for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $10,878.75. Page 1 Page 240 of 1140 Matt Casey Submitted By City of Fayetteville Staff Review Form 2023-1141 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/28/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession of certain land owned by Parti Investments, LLC necessary for the Highway 71B Corridor Project. 4702.860.7221-5805.00 Account Number 46020.7221.1020 Project Number Budgeted Item? Yes Budget Impact: Street Projects 2022 Bonds Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Fund Hwy 71B Corridor Project Title $ 942,817.00 $ 689,556.65 $ 253,260.35 $ 10,878.75 242,381.60 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 241 of 1140 HWY 71 B CORRIDOR 1150 N. COLLEGE AVE SYCAMORE Gregory Park 14, > �v Q 0 ° w U co 10 Z LAWSON o 0 0 0 VETERAN'S O o ABSHIER DR ADMINISTRATION ° HOLLY HOSPITAL 0 PROJECT OAKWOOD LOCATION❑ o = z w w o UAMS U) Q NORTH STREET PIKE Z Of J J = J BAXTER LN Page 242 of 1140 College Avenue Right of Way Dedication (Part of) Parcel No. 765-11833-000 Tract No. 17 1 - : : 1 \ 0] BE IT KNOWN BY THESE PRESENTS: THAT Parti Investments LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North College Avenue; thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07 feet to the POINT OF BEGINNING, containing 200 square feet or 0.00 acres, more or less. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this day of 12023. PARTI INVESTMENTS, LLC, an Arkansas limited liability REVENUE STAMPS AFFIDAVIT company The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. BY: Signed: City of Fayetteville 113 Mountain Fay PRINTED NAME AND TITLE Fayetteville, AR 72701 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of Parti Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 12023. Page 243 of 1140 EAST OAKWoOD STREE-T � R/W R/yy R/W -� R/W _ POB POE RW UE/TCE L1 3 PL— PLC PL PL PL — d a O O PLC PL — O a a O 00� 000 wOf 3` N PARCEL NO. 765-118JJ-000 PARENTS LLC n RECORD DEED: 2021- 00048808 PL PL— NJ �N pt O 0\ OZ N PROPOSED UTILITY AND TEMPORARY CONSTRUCTION EASEMENT a a PROPOSED RIGHT OF WAY PLC PL— 4 O a 0- J 3 42 L6 PL � PL PL 3 I PLC PL I � � I I LINE ANGLE DISTANCE L1 S 86°50 33 E 1.00 L2 N 86°50'33" W 1.00' L3 S 86°50'33" E 10.00' L4 S 86°50'33" E 5.00' L5 I S 04°42'22" WI 20.01' L6 I N 86°50 33 Wl 15.01 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 200 0.00 PROPOSED UTILITY & T.C.E EASEMENT 2,101 0.05 LEGEND - PL PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE R/W PROPOSED RIGHT OF WAY LINE PROPOSED UTILITY EASEMENT AND TEMP. CONST. EASEMENT LINE BEARINGS - GRID ARKANSAS NORTH ZONE GRAPHIC SCALE THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE ( IN FEET ) AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT 1 inch = 50 ft. CONS 7777J7E A PLAT OR SURREY OF THE GRANTOR'S PROPERTY. 2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE FAYETTEVILLE. ARKANSAS Aft JOB NO. 20T21050 DATE AUG. 28, 2023 SUITE400 FAYETTEVILLE, ARKANSAS72704 479 527-9100 COLLEGE AVENUE IMPROVEMENTS IV "EXHIBIT A' TRACT 1 7 NORTH STREET -SYCAMORE STREET College Avenue Improvement Project Parcel No. 765-11833-000 Tract 17 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Parti Investments LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto the public utilities holding a franchise granted by said City of Fayetteville, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, traffic signal poles and equipment, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2021-8808) Lots 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. LESS AND EXCEPT: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 1.00 feet; thence leaving said North line S 04°42'22" W a distance of 200.07 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 1.00 feet to the East right of way of North College Avenue; thence leaving said South line N 04°42'22" E along said East right of way a distance of 200.07 feet to the POINT OF BEGINNING, containing 200 square feet or 0.00 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A part of Lots Numbered 6, 7, 8 and 9, Block 1, Wahneetah Heights Addition to the City of Fayetteville, Arkansas, per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas, being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 9; thence S 86°50'33" E along the North line of said Lot 9 a distance of 1.00 feet to the POINT OF BEGINNING; thence S 86°50'33" E along said North line a distance of 10.00 feet; leaving said North line S 04°42'22" W a distance of 180.07 feet; thence S 86°50'33" E a distance of 5.00 feet; thence S 04°42'22" W a distance of 20.01 feet to the South line of said Lot 6; thence N 86°50'33" W along said South line a distance of 15.01 feet; thence N 04°42'22" E a distance of 200.07 feet to the POINT OF BEGINNING, containing 2,101 square feet or 0.05 acres, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. Page 245 of 1140 General Utility Easement Page 2 The Grantee and its associated franchisees shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this day of 2023. PARTI INVESTMENTS LLC, an Arkansas limited liability company BY: [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared , to me well known as the person who executed the foregoing document, and who stated and acknowledged that he/she is a Manager of Part! Investments, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 246 of 1140 EAST OAKWoOD STREE-T � R/W R/yy R/W -� R/W _ POB POE RW UE/TCE L1 3 PL— PLC PL PL PL — d a O O PLC PL — O a a O 00� 000 wOf 3` N PARCEL NO. 765-118JJ-000 PARENTS LLC n RECORD DEED: 2021- 00048808 PL PL— NJ �N pt O 0\ OZ N PROPOSED UTILITY AND TEMPORARY CONSTRUCTION EASEMENT a a PROPOSED RIGHT OF WAY PLC PL— 4 O a 0- J 3 42 L6 PL � PL PL 3 I PLC PL I � � I I LINE ANGLE DISTANCE L1 S 86°50 33 E 1.00 L2 N 86°50'33" W 1.00' L3 S 86°50'33" E 10.00' L4 S 86°50'33" E 5.00' L5 I S 04°42'22" WI 20.01' L6 I N 86°50 33 Wl 15.01 AREA CALCULATIONS SQ. FT. ACRES PROPOSED RIGHT OF WAY 200 0.00 PROPOSED UTILITY & T.C.E EASEMENT 2,101 0.05 LEGEND - PL PL EXISTING PROPERTY LINE R/W EXISTING RIGHT OF WAY LINE R/W PROPOSED RIGHT OF WAY LINE PROPOSED UTILITY EASEMENT AND TEMP. CONST. EASEMENT LINE BEARINGS - GRID ARKANSAS NORTH ZONE GRAPHIC SCALE THIS EXHIBI T 1S A SKETCH DESCRIPTI VE ONL Y OF 7HE SIZE, SHAPE ( IN FEET ) AND LOCA77ON OF THE PROPOSED EASEMENTS AND DOES NOT 1 inch = 50 ft. CONS 7777J7E A PLAT OR SURREY OF THE GRANTOR'S PROPERTY. 2049 EAST JOYCE BOULVARD CITY OF FAYETTEVILLE FAYETTEVILLE. ARKANSAS Aft JOB NO. 20T21050 DATE AUG. 28, 2023 SUITE400 FAYETTEVILLE, ARKANSAS72704 479 527-9100 COLLEGE AVENUE IMPROVEMENTS IV "EXHIBIT A' TRACT 1 7 NORTH STREET -SYCAMORE STREET Case History Parti Investments, LLC Adam Day Re: 1150/1156 N. College Avenue (Old Hiway Inn property) 7/14/2023 Offer letter mailed and emailed to Adam Day (466-1620 adam@amr-architects.com). We offered $3,000.00 for 200 square feet of right of way acquisition (fee simple) and $7,878.75.00 for a 2,101 square foot general utility easement (25%), for a total of $10,878.75. The valuation was based on an appraisal of the Midas property ($15.00 sq ft) at College and Sunbridge (as part of the Sunbridge drainage project) and several recent sales comps. 7/21/2023 Received email from Adam. He was concerned about the GUE being proposed as he was wanting to create a shared driveway with his neighbor to the South (Harold McKinney). 7/26/2023 Emailed Adam explaining the GUE was for a proposed fire hydrant 7/27/2023 Received email from Adam asking us to move the hydrant from his property. Britin emailed Adam regarding our meeting with McKinney stating that he would be open to the possibility of sharing a driveway but only if it did not interfere with his landscaping in any way. She requested drawings of the proposed driveway so they could be reviewed. 8/2/2023 Received email from Adam regarding information requested by McKinney concerning shared driveway. Britin responded 8/4/2023 Emailed Zach @ Garver asking if utilities can be moved further north. He stated he was meeting with SWEPCO the next day and would discuss the situation with them. He was also going to reach out to McClelland to see if the hydrant could be moved. 8/10/2023 Received email from Zach that the only place to move the utility poles would be to the middle of McKinney's landscaping. Also, SWEPCO asked that the proposed TCE be converted to a GUE to cover their powerlines. 8/22/2023 Received email from Britin stating that they had submitted a grading permit through Planning, but that it mainly focused on the east side of the property. 8/23/2023 Britin emailed Adam explaining that the only place to move the power pole at the SW corner of the property would be within McKinney's landscaping so that plan was not going to work. Adam responded asking if they pole could stay where it currently exists and the driveway be split around it and come together behind it. See sketch. He also asked about landscaping details, adding a native stone veneer to the retaining wall, adding a new water meter for the Cafe Rue Orleans building, and additional information on the bus stop. He also asked that the right of way be a sidewalk with tree - wells vs. a strip of grass and street trees. - 1'------------ ---- Page 248 of 1140 8/29/2023 Attended meeting with Zach and Matt Casey regarding project, including converting the TCE to a GUE. Received email from Zach concerning the questions raised by Adam in 8/23 email 8/31/2023 Received revised documents from Zach. Responded to Adam's 8/23 email. 9/6/2023 Emailed Zach regarding discrepancy in the legal description. 9/8/2023 Received revised documents from Zach 9/12/2023 Prepared notification/revised letter and emailed to Chris B for approval/changes. 9/18/2023 Received revised letter from Chris 9/20/2023 Mailed and emailed notification/condemnation letter to Adam informing him that this tract was being sent to Council on October 17th for resolution for condemnation. 9/26/2023 Left voicemail for Adam Page 249 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: September 29, 2023 SUBJECT: Easement Condemnations for West Water Transmission Main Project RECOMMENDATION: 2023-1168 Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession for the remaining easements necessary for the West Transmission water main project, and approval of a budget adjustment. BACKGROUND: The City's wholesale water supplier, Beaver Water District (BWD), has begun construction on a western water distribution point near HWY-112 and the newly constructed Springdale Northern Bypass, HWY-612. This facility will supply a western water transmission feed to all four customer cities, helping with hydraulics, critical redundancy, and overall utility resiliency. Fayetteville's 11.3-mile connection to the proposed BWD facility has been identified in water master plans for many years. The project is currently being designed, with construction planned to begin in late 2024. For this 48-inch diameter waterline, a 50-foot wide easement is necessary along the entire route to construct and maintain the line throughout its lifetime. The route chosen is specifically designed to be as unobtrusive as possible to impacted properties, staying close to property lines whenever possible. DISCUSSION: The prompt construction of this waterline is necessary to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations on the City's pending $85MM loan require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel by December 1st. This will allow field work to begin on critical -path environmental and cultural resources studies prior to the State's closing deadline for the loan. If the deadline is not reached, the City's interest rate would increase substantially (from 1.75% to 5% or higher). This would increase the lifetime loan costs by $35MM or more. Even if a condemnation must be filed on a particular property, we prefer reaching fair settlements with every landowner and the city will continue negotiating with property owners to obtain easements without having to go to trial. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 250 of 1140 The payment for land acquisition will be made from the West Water Transmission Line account, a budget adjustment is attached to move funds into this account from the Water System Rehabilitation/Replacement account. The agenda item staff review form indicates $1,737,125.00 as the cost of this request. It should be noted that this is an estimate, based on the appraised value of the properties, and that the final cost is subject to negotiation with the property owners or court order. The appraised value will be deposited into the Registry of the Circuit Court as just compensation when the condemnation complaint is filed for the property so the city will be able take immediate possession of the easements. ATTACHMENTS: SRF (#3), BA (#4), Summary List of Easements (#5), Easements (#6), Revised BA (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 251 of 1140 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1168 Easement Condemnations for West Water Transmission Main Project A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY INDIVIDUALS NEEDED FOR THE WEST TRANSMISSION WATER MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has been unable to negotiate the acquisition of easements on 28 properties needed to complete the West Transmission Water Main Project; and WHEREAS, the City of Fayetteville needs to gain possession of these needed properties promptly to begin work on this public improvement and to not delay construction of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by BFT Rental, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $112,180.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Ross D. Odom Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $125,000.00. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by TBB Land Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $141,700.00. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Spring Branch Holdings, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $1,850.00. Page 1 Page 252 of 1140 Resolution: File Number: 2023-1168 Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Russel B. & Esther P. Rogers, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $65,300.00. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Four Horn Properties, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $26,650.00. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Wildcat Creek Farms, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $81,400.00. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Solomon Properties, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $23,450.00. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by C L George & Sons, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $35,000.00. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by One Twelve, LLC — Potts Family, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $200.00. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Elmdale Lake, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $77,660.00. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Phillip D. Hays, that is needed for a permanent Page 2 Page 253 of 1140 Resolution: File Number. 2023-1168 water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $137,550.00. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Cynthia Donohew, Danny G. Hurlbut, Melissa Pruitt & Jeffrey Hurlbut that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $43,000.00. Section 14: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Kent Bird Detmer, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $97,750.00. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Fellowship Bible Church of Northwest Arkansas, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $24,140.00. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by One Twelve Village, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $238,050.00. Section 17: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Willow Bend Optionco, LLC, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $107,150.00. Section 18: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Fayetteville School District #1, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $47,000.00. Section 19: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Charles Andrew Cassat 2014 Revocable Trust that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $87,000.00. Section 20: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Page 3 Page 254 of 1140 Resolution: File Number: 2023-1168 Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Benny Moore Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $19,750.00. Section 21: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Aaron Ray & Cristina Harris, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $51,100.00. Section 22: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Scott & Belinda Musgrave, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $90,350.00. Section 23: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by James & Patricia Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $3,400.00. Section 24: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by James Paul & Shawna Galloway, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $6,720.00. Section 25: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Dennis W. & Eva M. Moser, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $8,100.00. Section 26: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Jason M. Thomas & Jennifer A. Olivero Sanchez, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $42,600.00. Section 27: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Brigitte L. Farris, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $2,050.00. Page 4 Page 255 of 1140 Resolution: File Number: 2023-1168 Section 28: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court -ordered possession of property located on or near the West Transmission Water Main Project and owned by Bobby J. Chandler Revocable Trust; Juanita F. Chandler Revocable Trust, that is needed for a permanent water/sewer easement for the Project, and to pay into the registry of the Circuit Court just compensation in the amount of $41,025.00. Section 29: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 5 Page 256 of 1140 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-1168 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a Resolution authorizing the City Attorney to seek condemnation and an order of possession for the remaining easements necessary for the West Transmission water main project, and approval of a budget adjustment. 5400.720.5600-5810.00 Account Number 18015.2201 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Water & Sewer Fund West Water Transmission Line - West Corridor Project Title Total Amended Budget $ 2,212,517.00 Expenses (Actual+Encum) $ 2,212,517.00 Available Budget Item Cost $ 1,737,125.00 Budget Adjustment $ 1,737,125.00 Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: Page 257 of 1140 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) 1 Errors Budget Year Division Adjustment Number WATER SEWER (720) /Org2 2023 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the remaining Easements for the West Corridor Water Transmission Line Project. Budgeted funds from the Water Impact Fee Improvement Project will be transferred and utilized for a majority of the cost of this project. This project will increase capacity and meets the requirements to utilize Impact Fee Budgeted Funds. COUNCIL DATE: ITEM ID#: 10/17/2023 2023-1168 Holly Black 912912023 9:49 RIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 3,474,250 3,474,250 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202398 Account Name 5400.720.5600-5810.00 1,737,125 - 18015 2201 EX Easements 5400.720.5600-6602.30 2300.720.9300-7602.40 - 1,737,125 1,737,125 - 18015 07002 2201 RE 8015.2201 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Fund 2300.720.9300-4999.99 - 1,737,125 RE Use Fund Balance - Current I of 1 Page 258 of 1140 Easement Tracts for Condemnation West Water Transmission Main Project Tract Owner Amount 3 BFT RENTAL LLC $ 112,180.00 17 ODOM, ROSS D REVOCABLE TRUST $ 125,000.00 22A SPRING BRANCH HOLDINGS LLC $ 1,850.00 23 TBB LAND HOLDINGS LLC $ 141,700.00 33 ROGERS, RUSSELL B & ESTHER P $ 65,300.00 34 FOUR HORN PROPERTIES LLC $ 26,650.00 35 WILDCAT CREEK FARMS LLC $ 81,400.00 36 SOLOMON PROPERTIES LLC $ 23,450.00 37E C L GEORGE & SONS $ 35,000.00 54 ONE TWELVE LLC-POTTS FAMILY LLC $ 200.00 59 ELMDALE LAKE LLC $ 77,660.00 60 HAYS, PHILLIP D $ 137,550.00 62 BUSSE, CYNTHIA; HURLBUT, DANNY GEORGE $ 43,000.00 64 DETMER, KENT BIRD $ 97,750.00 101 FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS $ 24,140.00 103 ONE TWELVE VILLAGE LLC $ 238,050.00 104 WILLOW BEND OPTIONCO LLC $ 107,150.00 105 FAYETTEVILLE SCHOOL DIST # 1 $ 47,000.00 107 CASSAT, CHARLES ANDREW 2014 $ 87,000.00 108 MOORE, BENNY REVOCABLE TRUST $ 19,750.00 124 HARRIS, AARON RAY & CRISTINA $ 51,100.00 125 MUSGRAVE, SCOTT & BELINDA $ 90,350.00 133 GALLOWAY, JAMES E & PATRICIA $ 3,400.00 134 GALLOWAY, JAMES PAUL & SHAWNA $ 6,720.00 167 MOSER, DENNIS W & EVA M $ 8,100.00 169 THOMAS, JASON M & SANCHEZ, JENNIFER A OLIVERO $ 42,600.00 170 FARRIS, BRIGITTE L $ 2,050.00 169A ICHANDLER, BOBBY J REV TRUST; CHANDLER, JUANITA F R $ 41,025.00 1,737,125.00 Page 259 of 1140 BFT Rental, LLC Tract No. 3 Page 260 of 1140 West Transmission Main Parcel No. 765-15832-000 Tract No. 3 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT BFT Rental, LLC, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2016-14655-second description) Part of the West Half (W'/2) of the Southwest Quarter (SW'/) of Section Twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the northwest corner of the SW'/4 of said Section 28, Township 17 North, Range 30 West, thence S87014' 29"E 1320.14 feet to a point of the East line of the West Half (W'/2), Southwest Quarter (SW'/4) said Section, thence South 02 degrees 31 minutes 02 seconds West 34.99 feet along said East line to the southern right- of-way Arkansas No. 112 and the point of beginning, thence continuing along said East line South 02 degrees 31 minutes 02 seconds West 1298.63 feet, thence North 87 degrees 16 minutes 08 seconds West 600.60 feet to the East right-of-way of Washington County Road No. 890, thence along said right-of-way North 10 degrees 49 minutes 52 seconds East 321.00 feet, thence with said right-of-way North 07 degrees 55 minutes 08 seconds West 284.30 feet, thence with said right of way N25°41'08"W, 166.10 feet, thence with said right-of-way North 25 degrees 41 minutes 08 seconds West 576.59 feet to the southern right-of- way of Arkansas Highway No. 112, thence along said right-of-way South 87 degrees 35 minutes 48 seconds East 853.75 feet to the point of beginning, all located in Fayetteville, Washington County, Arkansas, and containing 19.860 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NW1/4 of the SW1/4 of said Section 28; thence along the east line of said NW1/4, N 02037'20" W 95.61 feet to the Point of Beginning (POB); thence leaving said east line, N 87°13'55" W 576.04 feet to the east Right -of -Way (ROW) of N. Deane Solomon Road; thence along said east ROW for the following two calls: thence N 10°36'25" E 154.29 feet; thence N 04°47'44" E 14.01 feet; thence leaving said ROW, S 81014'37" E 50.00 feet; thence S 17031'16" E 119.01 feet; thence S 87013'55" E 463.38 feet to the east line of said NW1/4; thence along said east line, S 02°37'20" W 50.00 feet; to the Point of Beginning (POB), containing 37,393 sq. ft., or 0.86 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Page 261 of 1140 WATER/SEWER EASEMENT Page 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2023. BFT Rental, LLC By: Dale Benedict, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dale Benedict, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of BFT Rental, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said LLC, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 262 of 1140 10 14' 37"E-50.00' NW -SW 28-17-30 0 50 100 SCALE 1" = 100' N040 47' 44"E-14.01' \ \ \ S170 31' 16"E-119.01' BFT RENTAL LLC PN.765-15832-000 DEED 2016-14655 3g \\\\v 1�1 p o \ \ \ \ \ S870 13' 55"E-463.38' N87° 13' 55"W-576.04' \ z ESMT 03 37393 SQ. FT. S020 37' 20"W-50.00' / I 0.86 AC. POB - NO2o 37' 20"E-95.61' LEGEND SE CORNER—` NW1/4, SW%a SECTION 28 T17N-R30W 765-15832-000 TAX PARCEL NUMBER '� PROPOSED RIGHT-OF-WAY 2016-14655 DEED RECORD r�������� PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE �ZE- _, PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) MpNA6ER DATE MTN BY RAWTw REVISION WEST TRANSMISSION MAIN McCLELLAND CONSULTING 04/05/23 SCALE: 1 PRO]. NUMBER'. EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. AS NOTED 11-2184 MAP TRACT 03 1580 E. STEARNS ST. 1 EXi BFT RENTAL LLC FAYETTEVILLE, AR 72703 (479)443-2377 HT P://WWW.MCE.US.COM Page 263 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: Southeast corner of State Highway 112 and Deane Solomon Road, Fayetteville Client: McClelland Consulting Engineers Fee Owner: BFT Rental LLC Mailing Address: P.O. Box 1927, Fayetteville, AR 72702 Area Of The Whole: 19.86± ACS Permanent Easement 0.86f AC Area Of Remainder: 19.86f ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Residential Development Remainder Property Residential Development ACQUISITION COMPENSATION: Before Land: 19.86f ACS $ 2,465,000 Improvements: Not Applicable $ Total: $ 2,465,000 After Land: 19.86f ACS $ 2,448,050 Improvements: Not Applicable $ Total $ 2,448,050 FAIR MARKET VALUE OF ACQUISITION $ 74,950 Total Compensation as of: August 15, 2023 $ 74,950 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.86f Acre (Rounded) $ 74,950 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 74,950 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. "TIF/,, STATE ~o Katie Reed Hampton, CG3642 mREGENEM o REED & ASSOCIATES, INC. •. COM pr ,,' N•HAMr;,r 7 Page 264 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 22, 2023 BFT Rental LLC PO Box 1927 Fayetteville, AR 72702 RE: West Transmission Main Line Parcel Nos. 765-15832-000 Tract 3 Offer to Purchase Easement Dear Mr. Benedict: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $112,180.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents upon your request. A payment check will be requested upon receipt of all necessary documents by the City, and we will mail your check for full payment promptly. We will provide a copy, of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written A W-9 was provided for this purpose, but we will provide another copy upon your request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones(dDfayetteville-ar.gov) or Brandi Samuels (479) 444-3421(bsamueisCcDfayetteville-ar.gov), For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(cDfayetteville-ar gov or Tim Nyander, Utilities Director at tnyander�efayetteville-ar.gov. Wit kindest regards, Tim Nyander Utilities Director TN/hj Eric Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevil le-ar.gov Page 265 of 1140 Ross D. Odom Revocable Trust Tract No. 17 Page 266 of 1140 West Transmission Main Parcel No. 001-16718-000 Tract No. 17 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Ross D. Odom and Karen Kelley Odom, Co -Trustees, Ross D. Odom Revocable Trust Under Declaration Date September 12, 2017, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2022-11220 (first description only) Twenty-six (26) acres of equal width off the East side of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) in section Twenty-nine (29), Township Seventeen (17) North, range Thirty (30) West, except that part lying and being North and West of county Road 892, containing 1.26 acres, more or less, being also described as follows: Beginning at the Southeast corner of said forty acre tract; thence N 00°22'06"E 1310.36 feet to the Northeast corner of said forty acre tract; thence N89°11'42"W along the North line of said forty acre tract 658.05 feet to the center of County Road 892 from which a reference iron bears S89°11'42"E 30.26 feet; thence along the centerline of said road to the following bearings and distances: S06°41'30"E 180.70 feet; S12°51'34"W 53.96 feet; S67°21'22"W 57.82 feet; N88°46'56"W 151.96 feet to the West line of said twenty-six (26) acre tract from which a reference iron bears S00°22'06"W 30.0 feet; thence leaving said centerline S00°22'06"W 1060.02 feet to the South line of said forty acre tract; the S89°41'33"E 861.85 feet to the point of beginning, containing 24.74 acres, more or less. The above described tract being subject to easements, rights of way and restrictive covenants of record, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 54.81 feet to the Point of Beginning (POB ESMT); thence leaving said east line, N 87'42'11" W 532.05 feet to the east ROW line of Salem Road; thence along said east ROW for the following two calls: thence N 02054'18" E 636.75 feet; thence along a tangent curve to the left, an arc distance of 410.09 feet, said curve having a radius of 1927.32 feet, and a chord bearing and distance of N 03'11'26" W 409.31 feet; thence leaving said east ROW, N 80042'50" E 20.00 feet; thence along a non -tangent curve to the left, an arc distance of 22.63 feet, said curve having a radius of 1947.32 feet, and a chord bearing and distance of N 09°37'09" W 22.63 feet; thence N 09°57'07" W 109.83 feet; thence along a non -tangent curve to the right, an arc distance of 83.68 feet, said curve having a radius of 1528.82 feet, and a chord bearing and distance of N 08030'38" W 83.67 feet to the Grantor's north property line; thence along said north property line, S 87°16'53" E 50.74 feet; thence leaving said north property line, along a non -tangent curve to the left, an arc distance of 72.48 feet, said curve having a radius of 1478.82 feet, and a chord bearing and distance of S 08040'35" E 72.48 feet; thence S 09057'07" E 109.89 feet; thence along a tangent curve to the right, an arc distance of 123.25 feet, said curve having a radius of 1997.32 feet, and a chord bearing and distance of S 08'11'03" E 123.23 feet; thence S 80°42'50" W 20.03 feet; thence along a non -tangent curve to the right, an arc distance of 320.68 feet, said curve having a radius of 1977.32 feet, and a chord bearing and distance of S 01 °44'28" E 320.33 feet; thence S 02°54'18" W 586.20 feet; thence S 87°42'08" E 481.95 feet to the Grantor's east property line; thence along said east property line, S 02048'00" W 50.00 feet; to the Point of Beginning (POB), containing 89,241 sq. ft., or 2.05 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT A Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 24.79 feet to the Point of Beginning (POB TCE A), said point being on the north right-of-way (ROW) line of Howard Nickell Road; thence leaving said east line, N87°46'56" W 532.11 feet along said north ROW line to the east ROW line of Salem Road; thence leaving said north ROW line, N 02°54'18" E 30.75 feet along said east ROW; thence leaving said east ROW, S 87'42'11" E 532.05 feet to the east line of said SE1/4; thence along the east line of said SE1/4, S 02°48'00" W 30.02 feet; to the Point of Beginning (POB TCE A), containing 16,167 sq. ft., or 0.37 acres. AND ALSO Page 267 of 1140 WATER/SEWER EASEMENT Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT B Part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of said SE1/4 of the NW1/4; thence along the east line of said SE1/4, N 02°48' 00" E, 104.81 feet; thence leaving said east line, N 87°42'08" W 431.95 feet to the Point of Beginning (POB TCE B); thence N 87°42'08" W 50.00 feet; thence N 02°54'18" E 50.00 feet; thence S 87°42'08" E 50.00 feet; thence S 02°54'18" W 50.00 feet; to the Point of Beginning (POB TCE B), containing 2,500 sq. ft., or 0.06 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this 7th day of September, 2023. Ross D. Odom Revocable Trust Under Declaration Date September 12, 2017 Ross D. Odom, Co -Trustee Karen Kelley Odom, Co -Trustee STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared, Ross D. Odom and Karen Kelley Odom, Co -Trustees, Ross D. Odom Revocable Trust Under Declaration Date September 12, 2017 to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 7th day of September, 2023. MY COMMISSION EXPIRES: Notary Public Page 268 of 1140 1 R=1528.82', D=83.68' CH=N8°30'38"W, CD=83.67' N09° 57' 07"W-109.83 R=1947.32', D=22.63' CH=N9°37'09"W, CD=22.63'� N800 42' 50"E-20.00'JI I R=1927.32', D=410.09' CH=N3°11'26"W, CD=409.31'� S870 16' 53"E-50.74' \ \ R=1478.82', D=72.48' \ \ CH=S8040'35"E, CD=72.48' \ S090 57' 07"E-109.89' \ \ \ \ R=1997.32', D=123.25' \ \r—CH=S8°11'03"E, CD=123.23' \ `� S80° 42' 50"W-20.03' \y \ \J \ \I \ \k_R=1977.32', D=320.68' \ \ CH=S1044'28"E, CD=320.33' \ \I \ \I \ \I 1" = 200' ROSS D. ODOM ESMT 17 \ REVOCABLE TRUST 89241 SQ. FT. \ PN. 001-16718-000 2.05 AC. 0 \ DEED 2022-11220 0 \ \ o U-1 \ N <I \ 00 SEY4, NWY4 \ SECTION 29 in I00 T17N-R30W \ �o \ M � LD \ N 00 \ \ O S870 42' 08"E-50.00' 07 \ TCE 17B Lin 2500 SQ. FT. o \ 0.06 AC. N \ z \ S020 54' 18"W-50.00' \ o POB TCE B POB ESMT \ 50' S870 42' 08"E-481.95' N020 54' 18"E-30.75' — R� \ \ \ S020 48' 00"W-50. \ \ \ \ \N870 42' 11"W-532.05' \ \ \ \ I N87° 46' S6"W-532`ll S02° 48' 00"W-30.02' _ —HOWARD NICKEL ROAD — TCE — — TCE RAW R W _ — N020 48' 00"E-24.79' R W TCE 17A POB TCE A u RAW _ O 16167 SQ. FT. 0.37 AC. o SE CORNER SEY4, NWY4 M 1L SECTION 29 T17N-R30W LEGEND 001-16718-000 TAX PARCEL NUMBER ® PROPOSED RIGHT-OF-WAY 2022-11220 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE C PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw JMr McCLELLAND O E: REV�E�°N: WEST TRANSMISSION MAIN CONSULTING 11/22/2022 2 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 17 1580 E. STEARNS ST. ROSS D. ODOM REVOCABLE TRUST FAYETTEVILLE, AR 72703 E V — i IWWW 443US.CO 1 HTTP://WWW.MCE.US.COM Page 269 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 3475 N. Salem Road, Fayetteville, AR Client: McClelland Consulting Engineers Fee Owner: Ross D. Odom Revocable Trust Mailing Address: P.O. Box 8308, Fayetteville, AR 72703 Area Of The Whole: 24.74f ACS Area Of Remainder: 24.74f ACS Permanent Easement 2.05f ACS Area Of Acquisition: N/A Temporary Construction Easements: 0.37f AC 0.06f AC 0.43± AC HIGHEST AND BEST USE: Whole Property Mixed use (see Highest and Best Use section) Remainder Property Mixed use (see Highest and Best Use section) ACQUISITION COMPENSATION: Before Land: 24.74f ACS $ 1,616,500 Improvements: Not Appraised $ Total: $ 1,616,500 After Land: 24.74f ACS $ 1,529,800 Improvements: Not Appraised $ Total $ 1,529,800 FAIR MARKET VALUE OF ACQUISITION $ 86,700 Plus: TCE $ 2,650 Total Compensation as of: December 29, 2022 $ 89,350 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 2.05f Acres (Rounded) $ 86,700 Temporary Construction Easements: 0.43f AC @ Rental Value $ 2,650 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 89,350 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. Katie Reed Hampton, CG3642 Reed & Associates, Inc. STATE ' COMFIED GENERAL WS"2 '�nnnu�n Page 270 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Ross D. Odom Revocable Trust c/o Ross D. & Karen K. Odom, Trustees PO Box 8308 Fayetteville, AR 72703 RE: West Transmission Main Line Parcel No. 001-16718-000 (3475 N Salem Rd) Tract 17 Offer to purchase easement Dear Mr. & Mrs. Odom: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explain the process. Please accept our professionally appraised offer (or counter offer) of $125,000.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will he rerltiested tipnn receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones;a?fayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(Zfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderCc-fayetteville-ar.gov. With indest regards, Tim *ander!! Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 271 of 1140 Spring Branch Holdings, LLC Tract No. 22A Page 272 of 1140 West Transmission Main Parcel No. 001-16715-001 Tract No. 22A WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Spring Branch Holdings, LLC, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2022-2090 A part of the NW'/4 of the NW'/4 and a part of the W'/2 of the NE'/4 of the NW'/, all in Section 29, Township 17 North, Range 30 West, in Washington County Arkansas and being described as follows: Commencing at the NW corner of said NW'/, NW'/; thence South 00 degrees 19 minutes 22 seconds West 216.36 feet to the POB, thence South 63 degrees 59 minutes 10 seconds East, 910.80 feet; thence South 47 degrees 18 minutes 20 seconds East 74.91 feet; thence South 37 degrees 04 minutes 01 seconds East 146.30 feet; thence South 53 degrees 22 minutes 43 seconds East 205.83 feet; thence South 70 degrees 23 minutes 56 seconds East 69.17 feet; thence South 86 degrees 28 minutes 13 seconds East 124.88 feet; thence South 80 degrees 09 minutes 30 seconds East 196.93 feet; thence South 66 degrees 03 minutes 52 seconds East 105.52 feet; thence South 31 degrees 20 minutes 37 seconds East 104.19 feet; thence South 89 degrees 44 minutes 46 seconds East 309.19 feet; thence South 00 degrees 13 minutes 50 seconds West 20 feet; thence North 89 degrees 44 minutes 46 seconds West 320.38 feet; thence North 31 degrees 20 minutes 37 seconds West 109.11 feet; thence North 66 degrees 03 minutes 52 seconds West 96.79 feet; thence North 80 degrees 09 minutes 30 seconds West 193.36 feet; thence North 86 degrees 28 minutes 13 seconds West 126.61 feet; thence North 70 degrees 23 minutes 56 seconds West 74.99 feet; thence North 53 degrees 22 minutes 43 seconds West 211.69 feet; thence North 37 degrees 04 minutes 01 second West 147.38 feet; thence North 47 degrees 18 minutes 20 seconds West 70.19 feet; thence North 63 degrees 59 minutes 10 seconds West 27.66 feet; thence South 12 degrees 54 minutes 29 seconds West 400.48 feet; thence North 70 degrees 26 minutes 54 seconds West 738.46 feet; thence North 00 degrees 19 minutes 22 seconds East 547.26 feet to the POB, containing 9.13 acres, more or less, subject to easements and right of way of record. PERMANENT EASEMENT DESCRIPTION: Permanent Easement #1: Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4), and part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of NW1/4 of the NW1/4 of said Section 29; thence along the east line of said NW1/4, South 02o34'02" West, 919.54 feet to the Grantor's north line and to the Point of Beginning (POB ESMT 1); thence leaving said east line, S 84°09'45" E 3.88 feet along said north line; thence continuing along said north line, S 77°51'02" E 6.62 feet; thence leaving said north line, S 58°00'36" W 31.43 feet to the Grantor's south line; thence along said south line, N 84°09'45" W 81.53 feet; thence leaving said south line, N 58000'36" E 32.62 feet to the Grantor's north line; thence along said north line, S 84°09'45" E 70.14 feet; to the Point of Beginning (POB ESMT 1), containing 1,628 sq. ft., or 0.037 acres. Permanent Easement #2: Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of NW1/4 of the NW1/4 of said Section 29; thence along the east line of said NW1/4, South 02034'02" West, 919.54 feet to the Grantor's north line; thence leaving said east line, along said north line, for the following three calls: thence N 84°09'45" W 121.01 feet; thence N 68°05'28" W 69.17 feet; thence N 51004'15" W 175.76 feet to the Point of Beginning (POB ESMT 2); thence leaving said north line, S 21 °54'24" E 41.07 feet to the Grantor's south line; thence along said south line, N 51 °04'15" W 68.80 feet; thence continuing along said south line, N 34°45'33" W 74.05 feet; thence leaving said south line, N 21 °54'24" W 84.26 feet to the Grantor's north line; thence along said north line for the following three calls: thence S 44°59'52" E 7.15 feet; thence S 34°45'33" E 146.30 feet; thence S 51 °04'15" E 30.07 feet; to the Point of Beginning (POB ESMT 2), containing 3,312 sq. ft., or 0.076 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. Page 273 of 1140 WATER/SEWER EASEMENT Page 2 of 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Spring Branch Holdings, LLC BY: T. Craig Jones, a Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Manager of Spring Branch Holdings, LLC, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 274 of 1140 1� 0 SCALE: 1" = 150' Basis of Bearings: Arkansas State Plane Coordinate System (North Zone) TRACT 22 001-16715-001 2020-02090 SPRING BRANCH HOLDINGS, LLC UTILITY EASEMENT MAP TRACT MAP NO. 22A PE — 4940 SQ. FT. 0.11 AC.) EXHIBIT "A" TCE — 0 SQ. FT. (0 AC.) Land dine NE CORNER NW1 /4, NW1 /4 SECT10N 29 T-17—N, R-30—W NW —NW 29-17-30 001-16715-000 TBB LAND HOLDING, LLC 2020-05039 S440 59' 52"E - 7.15' N210 54' 24"W - 84.26'if I \� ESMT 2 3312 SQ FT- 0.076 ACRES N340 45' I33"W - 74.05'----' l N510 04' 15"W - 68.80' S210 54' 24"E - 41.07'--\ N510 04' 15"W - 175.76' ° 45' 33"E - 146.30' S510 04' 15"E - 30.07' POB ESMT 2 S770 51' 02"E - 6.62 S840 09' 45"E - 3.88' S840 09' 45"E - 70.14'--1 ESMT 1 1628 SQ FT 0.037 ACRES NE —NW N 29-17-30 d N N 0 M e ni N N68o 05' 28"W - 69.17'---"�,-- N84o 09' 45"W - 50.87' a N580 00' 36"E - 32.62' / a N84° 09' 45"W - 81.53' POB S580 00' 36"W - 31.43' L E G E N D 0 Permanent Easement 0 Temporary Construction Easement Property Line • Corner of Permanent Easement Street Right —of —Way Existing Utility Easement Line 001-16715-001 — Tax Parcel Number PE — Permanent Easement 2020-02090 — Deed Record TCE — Temporary Construction Easement Property Owner : SPRING BRANCH HOLDINGS, LLC CITYOF Drawn by : McClelland Consulting Engineers Project Name FAIVI TTEVILLTs Date: JAN. 2023 Scale : 1" = 150' West Transmission Project No. 112184 Tract No. 22A Main Route Page 275 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 3825 N. Salem Road, Fayetteville, AR; Washington County Client: McClelland Consulting Engineers Fee Owner: Spring Branch Holdings, LLC Mailing Address: 244 W. Dickson Street, Suite 202, Fayetteville, AR 72701 Area Of The Whole: 9.13f ACS Area Of Remainder: 9.13f ACS Permanent Easement 0.1 if AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued Single -Family Use Remainder Property Continued Single -Family Use ACQUISITION COMPENSATION: Before Land: 9.13f ACS $ 595,550 Improvements: Not Appraised $ Total: $ 595,550 After Land: 9.13f ACS $ 594,700 Improvements: Not Appraised $ Total $ 594,700 FAIR MARKET VALUE OF ACQUISITION $ 1,850 Total Compensation as of: August 15, 2023 $ 1,850 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.1 if Acre (Rounded) $ 1,850 Temporary Construction Easements: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 1,850 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. 8TAiE ' CMFIED - 6ENEM " CQSM2 '�"'A�!nf'Bi►wi�°.` Katie Reed Hampton, CG3642 Reed & Associates, Inc. Page 276 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Spring Branch Holdings LLC 244 W Dickson St, Ste 202 Fayetteville, AR 72701 RE: West Transmission Main Line Parcel No. 001-16715-000 Tract 22A 3825 N Salem Road Offer to purchase easement Dear Mr. Jones, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $1,850.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide. a ropy of the recorded rinnuments iipon your request Please provirle its with a Snn.ial Sen,ririty Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (htonesla fayetteville-ar.gov) or Brandi Samuels (479) 444-3421(bsamuelsi-a�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersonc"a)fa retteville-ar.gov or Tim Nyander, Utilities Director at tnyanderAfayetteville-ar.gov. With kindest regards, 4004 Tim Nyander Utilities Director TN/hj Eric Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 277 of 1140 TBB Land Holdings, LLC Tract No. 23 Page 278 of 1140 West Transmission Main Parcel No. 830-37273-000, 830-38257-000 830-38232-001 & 001-16715-000 Tract No. 23 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT TBB Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2020-5039 A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is N02037'54"E 1100.51 feet from an existing aluminum monument marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29 and running thence along the West line thereof NO2°37'54"E 215.86 feet to the Northwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along the North line of the Northwest Quarter of said Section 29, S87024'36"E 1763.80 feet to an existing rebar, thence leaving said North line S02033'01"W 314.98 feet to an existing rebar, thence S87°22'49"E 210.08 feet, thence S02°32'07"W 778.42 feet, thence N87°27'06"W 309.19 feet, thence N29000'05"W 104.30 feet, thence N63°45'45"W 105.52 feet, thence N77051'23"W 196.93 feet, thence N84010'06"W 124.88 feet, thence N68005'49"W 69.17 feet, thence N51004'36"W 205.83 feet, thence N34°45'54"W 146.30f feet, thence N45°00'13"W 74.91 feet, thence N61°41'03"W 910.73 feet to the point of beginning, containing 31.22 acres, more or less. Subject to that portion in North Salem Road right of way on the East side of herein described tract and also subject to all other easements and rights of way of record. -ALSO- A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing aluminum monument marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29 and running thence along the West line thereof N02037'54"E 553.21 feet, thence leaving said West line S68°08'59"E 738.49 feet to an existing rebar, thence N15°12'14"E 400.48 feet, thence S61°43'38"E 27.63 feet, thence S45000'13"E 70.19 feet, thence S34045'54"E 147.38 feet, thence S51°04'36"E 211.69 feet, thence S68005'49"E 74.99 feet, thence S84010'06"E 126.61 feet, thence S77051'23"E 193.36 feet, thence S63045'45"E 96.79 feet, thence S29°00'09"E 109.22 feet, thence S87°27'06"E 320.38 feet, S02°32'07"E 8.48 feet, thence S88035'27"W 210.53 feet, thence S02032'12"W 176.98 feet, thence N87029'53"W 448.56 feet to an existing rebar marking the Southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along the East line thereof NO2°33'47"E 12.75 feet, thence leaving said East line N37°37'01 "W 9.44 feet an existing rebar, thence N87029'45"W 1053.94 feet to an existing rebar, thence S02029'07"W 20.01 feet to an existing rebar on the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along said South line N87°29'53"W 257.41 feet to the point of beginning, containing 16.36 acres, more or less. Subject to that portion in North Salem Road right of way on the East side of herein described tract and also subject to all other easements and rights of way of record. ALSO (Warranty Deed 2013-27435) The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying South of the centerline of Reed Valley Road; and the West Half (W1/2) of the Southwest Quarter (SW1/4) of Section 20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a found stone, said stone accepted and used as the South Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92 feet to a set 5/8 inch diameter iron pin; thence South 87021'56" East a distance of 1315.70 feet to a found '/2 inch diameter iron pin; thence North 02°30'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron pin; thence North 87038'04"W a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17 feet to the centerline of Reed Valley Road; thence along said centerline the following 2 courses: South 75°46'18" West a distance of 136.66 feet; thence South 75°59'26" West a distance of 327.23 feet to a found P-K nail and metal flasher; thence leaving said road centerline, along an existing post and rail fence South 08056'04" East a distance of 187.93 feet to an existing wooden fence corner post; thence leaving said fence line South Page 279 of 1140 WATER/SEWER EASEMENT Page 2 83°47'47" East a distance of 12.87 feet to an existing iron pipe fence corner post; thence along an existing fence line South 10°02'18" East a distance of 84.16 feet to an existing iron pipe fence corner post; thence leaving said fence line South 57046'27" East a distance of 18.58 feet to an existing iron pipe fence corner post; thence along existing fence line South 07oO5'08"East a distance of 241.09 feet to a found 5/8 inch diameter iron pin; thence leaving said fence line South 82°54'52" West a distance of 257.17 feet to an existing fence line a found 5/8 inch diameter iron pin, thence along said fence line North 07015'59" West a distance of 224.20 feet to an existing iron pipe fence corner post; thence leaving said fence line North 61°34'01" West a distance of 23.52 feet to an existing iron pipe fence corner post; thence along an existing fence line North 08o42'54" West a distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail and metal flasher, thence leaving said fence line, along said road centerline the following 9 courses: South 74°12'43" West a distance of 134.37 feet; South 72°52'27" West a distance of 280.10 feet; South 77°01'49" West a distance of 416.62 feet; South 77012'58" West a distance of 459.34 feet; South 72002'09" West a distance of 74.60 feet; South 64029'10" West a distance of 76.85 feet; South 58°34'36" West a distance of 65.09 feet; South 55°51'17" West a distance of 535.83 feet; South 54°48'26" West a distance of 108.06 feet; thence leaving said road centerline, South 02028'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And being subject to the right of way of Reed Valley Road along the North boundary thereof. And also, being subject to any easements, rights of ways, covenants and restrictions of record. PERMANENT EASEMENT DESCRIPTION: Permanent Easement A: Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) and the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 29, all in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southeast corner of said NW1/4 of the NW1/4: thence along the south line of said NE1/4 of the NW1/4, S 87°16'53" E 9.38 feet; thence leaving said south line, N 02°43'07" E 383.20 feet to the north line of adjoining property described in Deed Book 2022, Page 2090 of the Records of Washington County (Adjoiner), and to the Point of Beginning (POB ESMT A): thence along said north adjoiner line, N 77°51'02" W 6.62 feet; thence continuing along said north adjoiner line, N 84009'45" W 74.01 feet; thence leaving said north adjoiner line, N 58°00'36" E 183.15 feet; thence S 62032'34" E 315.38 feet; thence S 85°52'54" E 291.64 feet to the grantor's east property line; thence along said east property line, S 02°32'18" W 50.02 feet; thence leaving said east property line, N 85°52'54" W 303.35 feet; thence N 62032'34" W 297.16 feet; thence S 58°00'36" W 91.39 feet; to the Point of Beginning (POB ESMT A), containing 37,025 sq. ft., or 0.85 acres. Permanent Easement B: Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southeast corner of said NW1/4 of the NW1/4: thence along the south line of said NW1/4 of the NW1/4, N 87°28'38" W 15.21 feet; thence leaving said south line, N 02°31'22" E 365.35 feet to the south line of adjoining property described in Deed Book 2022, Page 2090 of the Records of Washington County (Adjoiner), and to the Point of Beginning (POB ESMT B): thence leaving said south adjoiner line, S 58°00'36" W 81.53 feet; thence N 84°09'45" W 52.13 feet; thence N 68°05'28" W 89.53 feet; thence N 51 °04'15" W 163.38 feet; thence N 21 °54'24" W 145.28 feet to the said south adjoiner line; thence along said south adjoiner line for the following four calls: thence S 34°45'33" E 74.05 feet; thence S 51 °04'15" E 211.69 feet; thence S 68°05'28" E 74.99 feet; thence S 84°09'45" E 109.46 feet; to the Point of Beginning (POB ESMT B), containing 18,726 sq. ft., or 0.43 acres. Permanent Easement C: Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4), the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4), and the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, and Part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 20, and Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 29, all in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southeast corner of said NW1/4 of the NW1/4 of Section 29: thence along the east line of said NW1/4 of the NW1/4, N 02o34'02" E 518.51 feet; thence leaving said east line, N 87°25'58" W 327.61 feet to the north line of adjoining property described in Deed Book 2022, Page 2090 of the Records of Washington County (Adjoiner), and to the Point of Beginning (POB ESMT C): thence along said north adjoiner line for the following three calls: thence N 51 °04'15" W 30.07 feet; thence N 34°45'33" W 146.30 feet; thence N 44°59'52" W 7.15 feet; thence leaving said north adjoiner line, N 21°54'24" W 819.71 feet; thence N 50°31'19" W 407.31 feet; thence N 62034'03" W 1219.64 feet; thence N 34016'52" W 682.69 feet; thence N 02029'49" E 1231.83 feet; thence N 02°37'53" E 401.36 feet; thence N 12°32'13" E 278.26 feet; thence N 77°02'01" E 51.11 feet; thence S 00°59'38" E 16.53 feet; thence S 12°32'13" W 279.85 feet; thence S 02°37'53" W 396.97 feet; thence S 02029'49" W 1215.15 feet; thence S 34016'52" E 653.47 feet; thence S 62034'03" E 1212.32 feet; thence S 50°31'19" E 425.34 feet; thence S 21 °54'24" E 1007.93 feet; to the Point of Beginning (POB ESMT C), containing 256,745 sq. ft., or 5.89 acres. Page 280 of 1140 WATER/SEWER EASEMENT Page 3 Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. STATE OF ARKANSAS COUNTY OF BY: TBB Land Holdings, LLC, an Arkansas limited liability company T. Craig Jones, Authorized Agent ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 281 of 1140 West Transmission Main Parcel No. 830-37273-000, 830-38257-000 830-38232-001 & 001-16715-000 Tract No. 23 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT TBB Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of West Transmission Main to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2020-5039 A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is NO2°37'54"E 1100.51 feet from an existing aluminum monument marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29 and running thence along the West line thereof NO2°37'54"E 215.86 feet to the Northwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along the North line of the Northwest Quarter of said Section 29, S87°24'36"E 1763.80 feet to an existing rebar, thence leaving said North line S02°33'01 "W 314.98 feet to an existing rebar, thence S87°22'49"E 210.08 feet, thence S02°32'07"W 778.42 feet, thence N87027'06"W 309.19 feet, thence N29°00'05"W 104.30 feet, thence N63°45'45"W 105.52 feet, thence N77051'23"W 196.93 feet, thence N84010'06"W 124.88 feet, thence N68°05'49"W 69.17 feet, thence N51 °04'36"W 205.83 feet, thence N34°45'54"W 146.30f feet, thence N45°00' 13"W 74.91 feet, thence N61 °41'03"W 910.73 feet to the point of beginning, containing 31.22 acres, more or less. Subject to that portion in North Salem Road right of way on the East side of herein described tract and also subject to all other easements and rights of way of record. -ALSO- A part of the West Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter and a part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing aluminum monument marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29 and running thence along the West line thereof NO2°37'54"E 553.21 feet, thence leaving said West line S68°08'59"E 738.49 feet to an existing rebar, thence N15°12'14"E 400.48 feet, thence S61 °43'38"E 27.63 feet, thence S45°00'13"E 70.19 feet, thence S34045'54"E 147.38 feet, thence S51 °04'36"E 211.69 feet, thence S68005'49"E 74.99 feet, thence S84010'06"E 126.61 feet, thence S77051'23"E 193.36 feet, thence S63045'45"E 96.79 feet, thence S29000'09"E 109.22 feet, thence S87°27'06"E 320.38 feet, S02°32'07"E 8.48 feet, thence S88°35'27"W 210.53 feet, thence S02032'12"W 176.98 feet, thence N87029'53"W 448.56 feet to an existing rebar marking the Southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along the East line thereof NO2°33'47"E 12.75 feet, thence leaving said East line N37°37'01 "W 9.44 feet an existing rebar, thence N87°29'45"W 1053.94 feet to an existing rebar, thence S02029'07"W 20.01 feet to an existing rebar on the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, thence along said South line N87°29'53"W 257.41 feet to the point of beginning, containing 16.36 acres, more or less. Subject to that portion in North Salem Road right of way on the East side of herein described tract and also subject to all other easements and rights of way of record. ALSO (Warranty Deed 2013-27435) The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying South of the centerline of Reed Valley Road; and the West Half (W1 /2) of the Southwest Quarter (SW1/4) of Section 20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a found stone, said stone accepted and used as the South Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92 feet to a set 5/8 inch diameter iron pin; thence South 87°21'56" East a distance of 1315.70 feet to a found '/2 inch diameter iron pin; thence North 02030'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron pin; thence North 87038'04"W a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17 feet to the centerline of Reed Valley Road; thence along said centerline the following 2 courses: South 75'46'18" West a distance of 136.66 feet; thence South 75059'26" West a distance of 327.23 feet to a found P-K nail and metal flasher; thence leaving said road centerline, along an existing post and rail fence South 08056'04" East a distance of 187.93 feet to an existing wooden fence corner post; thence leaving said fence line South 83°47'47" East a distance of 12.87 feet to an existing iron pipe fence corner post; thence along an existing fence line South 10002" 8" East a distance of 84.16 feet to an existing iron pipe fence corner post; thence leaving said fence line South 57046'27" East a distance of 18.58 feet to an existing iron pipe fence corner post; thence along existing fence line South 07°05'08"East a distance of 241.09 feet to a found 5/8 inch diameter iron pin; thence leaving said fence line South 82054'52" West a distance Page 282 of 1140 TCE Page 2 of 257.17 feet to an existing fence line a found 5/8 inch diameter iron pin, thence along said fence line North 07015'59" West a distance of 224.20 feet to an existing iron pipe fence corner post; thence leaving said fence line North 61 °34'01" West a distance of 23.52 feet to an existing iron pipe fence corner post; thence along an existing fence line North 08°42'54" West a distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail and metal flasher, thence leaving said fence line, along said road centerline the following 9 courses: South 74012'43" West a distance of 134.37 feet; South 72°52'27" West a distance of 280.10 feet; South 77°01'49" West a distance of 416.62 feet; South 77°12'58" West a distance of 459.34 feet; South 72°02'09" West a distance of 74.60 feet; South 64029'10" West a distance of 76.85 feet; South 58034'36" West a distance of 65.09 feet; South 55051" 7" West a distance of 535.83 feet; South 54°48'26" West a distance of 108.06 feet; thence leaving said road centerline, South 02°28'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And being subject to the right of way of Reed Valley Road along the North boundary thereof. And also, being subject to any easements, rights of ways, covenants and restrictions of record. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Temoorary Construction Easement A: Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of said NE1/4 of the SE1/4: thence along the west line of said NE1/4, N 02°29'49" E 82.63 feet; thence leaving said west line, S 34°16'52" E 103.59 feet to the south line of said NE1/4; thence along said south line, N 87011'06" W 62.02 feet; to the Point of Beginning (POB TCE A), containing 2,563 sq. ft., or 0.06 acres. Temporary Construction Easement B: Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02o37'53" E 401.36 feet to the Point of Beginning (POB TCE B): thence continuing along said west line, N 02o37'53" E 302.28 feet to the south Right -of - Way (ROW) of Reed Valley Road; thence along said south ROW, N 77002'01" E 47.01 feet; thence leaving said south ROW, S 00°59'38" E 40.89 feet; thence S 12°32'13" W 278.26 feet; to the Point of Beginning (POB TCE B), containing 8,175 sq. ft., or 0.19 acres. Temporary Construction Easement C: Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4), and the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest corner of said SE1/4 of the NE1/4: thence along the west line of the NE1/4 of the SE1 /4, S 02°29'49" W 283.83 feet; thence leaving said west line, S 87°25'23" E 50.00 feet to the Point of Beginning (POB TCE C): thence N 02°29'49" E 283.84 feet; thence N 02o37'53" E 396.97 feet; thence N 12°32'13" E 1.07 feet; thence N 77°19'23" E 30.91 feet; thence S 02038'07" W 11.82 feet; thence S 02°37'53" W 394.60 feet; thence S 02o29'49" W 283.58 feet; thence N 87°25'23" W 30.00 feet; to the Point of Beginning (POB TCE C), containing 20,577 sq. ft., or 0.47 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 283 of 1140 TCE Page 3 WITNESS the execution hereof on this the day of 2023. STATE OF ARKANSAS COUNTY OF BY: TBB Land Holdings, LLC, an Arkansas limited liability company T. Craig Jones, Authorized Agent ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 284 of 1140 \ \ \\` \ 830-38273-000 TBB LAND HOLDINGS LLC \ \ 2013-27435 —SECrION LINE \ \ 001-16715-000 \\ \ TBB LAND �\ \ HOLDINGS LLC °\\ \ N 2020-5039 NE —NW ° 29-17-30 c0\ \ .r NW —NW 4_ 29-17-30 \ to �\ \ \ N440 59' 52"W-7.15' \ 001-16715-001 \ \ SPRING BRANCH \\ HOLDINGS LLC 2022-2090 N340 45' 33"W-146.30' \ N510 04' 15"W-30.07' S340 45' 33"E-74.05' POB ESMT C N210 54' 24"W-145.28' \ N87° 25' 58"W-327.61' S510 04' 15"E-211.69' NO2o 34' 02"E-518.51' ESMT 23-B' \ \ 18726 SQ. FT. \ \ 0.43 AC. \ \ N510 04' 15"W-163.38' \ \ \ S680 05'28"E-74.99' �\ \ N680 05' 28"W-89.53 N840 09' 45"W-52.13' N o S84° 09' 45"E-109.46 o I? w 001-16715-000 S58° 00' 36"W-81.53' N Cl TBB LAND m HOLDINGS LLC r, 94 2020-5039 POB ESMT B z z PAGE 1/4 N87° 28' 38"W-15.21 LEGEND ° 00' 36"E-183.15' 0 100 200 SCALE 1" = 200' /ESMT 3702 2 N840 09' 45"W-74.01' 37025 SQ. FT. 0.85 AC. S850 52'54"E-291.64' \6 N850 52' 54"W-303.35' S580 00' 36"W-91.39' POB ESMT A N770 51' 02"W-6.62' S020 32' 18"W-50.02' �SE CORNER NW%4,NW%4 SECTION 29 T17N-R30W S87° 16' S n 001-16715-000 TAX PARCEL NUMBER �%%"� PROPOSED RIGHT-OF-WAY 2020-5039 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW 3MT McCLELLAND o E: REVISION WEST TRANSMISSION MAIN CONSULTING 07/07/2023 4 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. 3 AS NOTED 11-2184 MAP TRACT 23 1580 E. STEARNS ST. `, TBB LAND HOLDINGS, LLC. FAYETTEviLLE, AR 72703 F X - n 1 (479) 443-2377 F-.r+ra 0 100 200 SCALE 1" = 200-1 2 J 0 830-38257-000 TBB LAND HOLDINGS LLC 2013-27435 \\\ ESMT 23—C \ \ \\�620 256745 SQ. FT. 5.89 AC. SW —SW \ \ \ \\ 3 F 20-17-30 N610 \ \ \\\\r2r try \\\! 00�\ \ \ F 830-38273-000 \ TBB LAND \\\ \ HOLDINGS LLC \ \ � SECTION LINE 19 20 2013-27435 29 \\ \ �S_rCTIQN LINE PAGE 2/4 \ \ LEGEND 830-38273-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw 3MT McCLELLAND o E: REVISION WEST TRANSMISSION MAIN CONSULTING 07/07/2023 4 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. 3 AS NOTED 11-2184 MAP TRACT 23 1580 E. STEARNS ST. `, TBB LAND HOLDINGS, LLC. FAYETTEviLLE, AR 72703 x F X- n 7 (479) 443-2377 Nora 103.59' _ NO2° 29' 49"E-82.63'—� POB TCE A SW CORNER TCE 23-A 2563 SQ. FT. NE Y/4, SEA 0.06 AC. SECTION 19 N87° 11' 06"W-62.02' T17N-R30W PAGE 3/4 830-38232-001 NE —SE 0 100 200 N TBB LAND 19-17-30 N HOLDINGS LLC SCALE 1" = 200' 0 2013-27435 2 \ \\ o �Q \ 830-38257-000 \\\�\ TBB LAND HOLDINGS LLC 2013-27435 SE —SE \ \ \ \\ 34, 19-17-30 N 30oj 3g, \ 64' \ LEGEND 830-38257-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW JMT McCLELLAND o E: REVISION WEST TRANSMISSION MAIN CONSULTING 07/07/2023 4 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. 3 AS NOTED 11-2184 MAP TRACT 23 1580 E. STEARNS ST. `, ^ TBB LAND HOLDINGS, LLC. FAYETTEviLLE, AR 72703 F X _ n S (479) 443-2377 aae N77° 02' 01"E-47.01 J/ S00° 59'38"E-40.89' RIW � TCE 23-B 8175 SQ. FT.---- RAW 0.19 AC. NO2° 37' 53"E-302.28' N120 32' 13"E-278.26'- f N77° 02' 01"E-51.11' SIN - ROPp I REED � P��E S00° 59' 38"E-16.53' �11 \ \ S120 32' 13"W-279.85' PROPOSED ANODE BED S02° 38' 07"W-11.82' POB TCE B \ N77° 19' 23"E-30.91' 32' 13"E-1.07' SE -NE rtOi o^i 19-17-30 0 rn V M LL 502° 37' 53"W-394.60' 830-38232-001 U) f TBB LAND N ^ HOLDINGS LLC SW CORNER o M ...I 2013-27435 SE 1/a, NE %4 0\ ^I v SECTION 19 z \ V) I ~ T17N-R30W TCE 23-C 20577 SQ. FT. \ \ 0.47 AC. ro 00 00 1 rb � N N � I 00 0 V W-7 m N O N N N N VI \ \ N87° 25' 23"W-30.00' \ POB TCE C S87° 25' 23"E-50.00' rh \ in c0 \ \ Ln L6 \ 01 \ \ p1 [t \ 830-38232-001 NE -SE N \ N TBB LAND 19-17-30 N \ N HOLDINGS LLC PAGE 4/4 z o 2013-27435 LEGEND 1 SCALE 1" = 0-38232-001 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 13-27435 DEED RECORD %��� �� J PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) LN JMT RAWN a McCLELLAND REVISION WEST TRANSMISSION MAIN CONSULTING 4 NUMBER11-2184MAP EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INCPRO]. TRACT 23 1580 E. STEARNS ST. -04 TBB LAND HOLDINGS, LLC. FAYETTEVILLE, AR 72703 -2377 /WWW.M43US.CO HTTP://W W W.MCE.US.COM Paae 288 of 1140 West Transmission Main Project Parcel No. 830-38232-001 Tract 23 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT TBB Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto the public utilities holding a franchise granted by said City of Fayetteville, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, traffic signal poles and equipment, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Warranty Deed 2013-27435) The Southeast Quarter (SE1/4) of Section 19; all that part of the Northeast Quarter (NE1/4) of Section 19, lying South of the centerline of Reed Valley Road; and the West Half (W1 /2) of the Southwest Quarter (SW1/4) of Section 20, all in Township 17 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at a found stone, said stone accepted and used as the South Quarter (S'/4) Corner of said Section 19; thence South 87013'42" East a distance of 2618.92 feet to a set 5/8 inch diameter iron pin; thence South 87°21'56" East a distance of 1315.70 feet to a found '/2 inch diameter iron pin; thence North 02030'56" East a distance of 2632.94 feet to a set 5/8 inch diameter iron pin; thence North 87038'04"W a distance of 1316.34 feet; thence North 02046'09" East a distance of 1154.17 feet to the centerline of Reed Valley Road; thence along said centerline the following 2 courses: South 75'46'18" West a distance of 136.66 feet; thence South 75059'26" West a distance of 327.23 feet to a found P-K nail and metal flasher; thence leaving said road centerline, along an existing post and rail fence South 08056'04" East a distance of 187.93 feet to an existing wooden fence corner post; thence leaving said fence line South 83°47'47" East a distance of 12.87 feet to an existing iron pipe fence corner post; thence along an existing fence line South 10002'18" East a distance of 84.16 feet to an existing iron pipe fence corner post; thence leaving said fence line South 57046'27" East a distance of 18.58 feet to an existing iron pipe fence corner post; thence along existing fence line South 07°05'08"East a distance of 241.09 feet to a found 5/8 inch diameter iron pin; thence leaving said fence line South 82054'52" West a distance of 257.17 feet to an existing fence line a found 5/8 inch diameter iron pin, thence along said fence line North 07°15'59" West a distance of 224.20 feet to an existing iron pipe fence corner post; thence leaving said fence line North 61 034'01" West a distance of 23.52 feet to an existing iron pipe fence corner post; thence along an existing fence line North 08042'54" West a distance of 254.43 feet to the centerline of Reed valley Road and a found P-K nail and metal flasher, thence leaving said fence line, along said road centerline the following 9 courses: South 74'12'43" West a distance of 134.37 feet; South 72052'27" West a distance of 280.10 feet; South 77001'49" West a distance of 416.62 feet; South 77012'58" West a distance of 459.34 feet; South 72002'09" West a distance of 74.60 feet; South 64'29'10" West a distance of 76.85 feet; South 58°34'36" West a distance of 65.09 feet; South 55'51'17" West a distance of 535.83 feet; South 54048'26" West a distance of 108.06 feet; thence leaving said road centerline, South 02028'55" West a distance of 2707.36 feet to the Point of Beginning, containing 277.51 acres, as surveyed. And being subject to the right of way of Reed Valley Road along the North boundary thereof. And also being subject to any easements, rights of ways, covenants and restrictions of record. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02°37'53" E 398.09 feet; thence leaving said west line, S 87°22'07" E 50.18 feet to the Point of Beginning (POB): thence N 12'32'13" E 278.78 feet; thence N 00°59'38" W 42.09 feet; thence N 77°02'01" E 30.67 feet; thence S 00°59'38" E 52.01 feet; thence S 12032'13" W 268.21 feet; thence S 77'19'23" W 33.16 feet; to the Point of Beginning (POB), containing 9,616 sq. ft., or 0.22 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee and the public utilities holding a franchise granted by said City of Fayetteville, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. Page 289 of 1140 West Transmission Main GUE Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee and its associated franchisees, which hereby agree to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee and its associated franchisees shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2023. BY: TBB Land Holdings, LLC, an Arkansas limited liability company T. Craig Jones, Authorized Agent ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 290 of 1140 I I I I I I I Raw , RiW I RIw N77° 02' O1"E-30.67' _ R 1 \ RIw'N00° 59' 38"W-42.09' \ r�SO � \y 11 a-0 / rV iN Mj` yid / ^-I / v \ li `y S87° 22' 07"E-50. POB 1 SCALE 1" = 100' RIw R/P���Y ROp,D 00 59' 38"E-52.01' PROPOSED ANODE BED SE —NE 19-17-30 ESMT 23-D 9616 SQ. FT. 0.22 AC. S770 19' 23"W-33.16' SW CORNER SE %4, NE %4 SECTION 19 T17N-R30W LEGEND 830-38232-001 TBB LAND HOLDINGS LLC 2013-27435 830-38232-001 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw JMT McCLELLAND O E: REVISION: WEST TRANSMISSION MAIN CONSULTING 07/07/2023 4 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. 3 AS NOTED 11-2184 MAP TRACT 23 1580 E. STEARNS ST. TBB LAND HOLDINGS, LLC. FAYETTEviLLE, AR 72703 F y _ 1 (479) 443-2377 aae West Transmission Main Project -Anode Bed (Part of) Parcel No. 830-38232-001 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT TBB Land Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the southwest corner of said SE1/4 of the NE1/4: thence along the west line of said SE1/4, N 02°37'53" E 675.47 feet; thence leaving said west line, S 87°22'07" E 47.87 feet to the Point of Beginning (POB): thence N 00059'38" W 40.89 feet to the south Right -of -Way (ROW) of Reed Valley Road; thence along said south ROW for the following two calls: thence N 77°02'01" E 211.64 feet; thence N 72°52'39" E 227.64 feet; thence leaving said ROW, S 17°07'21" E 40.00 feet; thence S 72°52'39" W 229.09 feet; thence S 77°02'01" W 221.58 feet to the Point of Beginning (POB), containing 17,799 sq. ft., or 0.41 acres. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this L�'1 REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 day of 12023. TBB Land Holdings, LLC, an Arkansas limited liability company T. Craig Jones, Authorized Agent ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared T. Craig Jones, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is an Authorized Agent of TBB Land Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 292 of 1140 0 SCALE 1" = 100' I NS17° 07' 21"E-40.00' I ROPD REEv N�2 Raw 211.64 �9 p9 9 „ E- N1 �° 59' 38"W-40.89' 0 N77° 02 72° 52 S S87o 22' 07"E-47.87' r' I „v!21.58 PROPOSED ANODE BED 17799 SQ. FT. i / I 0.41 AC. SE —NE 19-17-30 POB / / I j / / I 8301 TBB LAND HOLDINGS LLC 2013-27435 Vo w N Z I I I IM I I I I I I I SW CORNER SE %4, NE %4 SECTION 19 T17N—R30W LEGEND 830-38232-001 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2013-27435 DEED RECORD PROPOSED PERMANENT EASEMENT PROPOSED DEED LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw 3MT McCLELLAND o E REVISION WEST TRANSMISSION MAIN CONSULTING 7 zo23 1 DEED SE: UM6ER FAYETTEVILLE AR -ENGINEERS, INC. ASNOTED 121112184 EXHIBIT 3 AS NTRACT 23 1580 E. STEARNS ST. # TBB HOLDINGS FAYETTEVILLE, AR 72703 F y _ 1 (479) 443-2377 F_.T41W SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: South side of Reed Valley Road, west side of State Highway 112, and west side of Salem Road, Tontitown, AR; Washington County Client: McClelland Consulting Engineers Fee Owner: TBB Land Holdings, LLC Mailing Address: 244 W. Dickson, Suite 202, Fayetteville, AR 72701 Area Of The Whole: 413.081 ACS Permanent Utility Easements A — 0.851 AC B — 0.43± AC C — 5.89± ACS Total — 7.17f ACS Area Of Remainder: 412.67f ACS General Utility Easement 0.22f AC Area Of Acquisition: 0.41f AC Temporary Construction Easements: A — 0.06f AC B — 0.19± AC C — 0.47± AC Total — 0.72f AC HIGHEST AND BEST USE: Whole Property Residential development. Remainder Property Residential development. ACQUISITION COMPENSATION: Before Land: 413.08f ACS $ 7,435,450 Improvements: Not Appraised $ 0 Total: $ 7,435,450 After Land: 412.67f ACS $ 7,295,050 Improvements: Not Appraised $ 0 Total $ 7,295,050 Subtotal $ 140,400 Plus: Temporary Construction Easements 1,300 Total Compensation as of: August 15, 2023 $ 141,700 ALLOCATION OF COMPENSATION Land: 0.41± AC $ 7,400 Permanent Easements: 7.17f ACS $ 129,050 Utility Easement: 0.22f AC $ 3,950 Temporary Construction Easements: 0.721 AC @ Rental Value $ 1,300 Improvements: N/A $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 141,700 K.IM „M b' STATE w CEIMSED s _ Katie Reed Hampton, CG3642 GEN=�;�p�`ro REED & ASSOCIATES, INC. Date of Report: August 31, 2023 Page 294 of 1140 ►I CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 TBB Land Holdings, LLC 2200 Don Tyson Pkwy (CPO61) Springdale, AR 72764 RE: West Transmission Main Line Parcel No. 830-38273-000 and others Tract 23 3849 N Salem Road Offer to purchase easement Dear Mr. Jones, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $141,700.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identifivatiuri Number (Curporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hion estafa etteville-ar. ov) or Brandi Samuels (479) 444-3421(bsamuels�c"i.fayetteville-ar.gov). For questions or concerns, please contact Corey randerson, Utilities Engineer at cgranderson a, avettevi a-ar gov or I im Nyander, Utilities Director at tnyanderta!fayettevirle-ar qo,i. Sincere , 4 Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Page 295 of 1140 Russell and Esther Rogers Tract No. 33 Page 296 of 1140 West Transmission Main Parcel No. 830-38209-000 Tract No. 33 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Russell B. Rogers and Esther P. Rogers, husband and wife, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Warranty Deed: 2013-14772) A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County, Arkansas and being described as follows: Beginning at the SW corner of said SE1/4 of the SW1/4 thence N00022'16"W 771.52 feet, thence N89037'44"E 499.57 feet, thence S00020'24"W 387.53 feet, thence S89°23'08"W 108.01 feet, thence S00°22'16"E 381.92 feet, thence S89°23'08"W 386.76 feet to the P.O.B., containing 7.83 acres more or less. Subject to easements and rights of way of record. Subject to easements, right of ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said SE1/4 of the SW1/4, S 87°42'10" East 386.69 feet; thence leaving said south line, N 02°29'42" E 64.42 feet to the north line of an existing utility easement as shown on Plat 2012-35338 of the Records of Washington County, AR, and to the Point of Beginning (POB ESMT): thence along the north line of said easement for the following three calls: thence N 87°33'42" W 194.43 feet; thence N 86°03'43" W 64.00 feet; thence N 81 °50'00" W 27.66 feet; thence leaving said north line, N 00034'22" W 701.46 feet to the Grantor's north line; thence along said north line, S 87°31'11" E 50.07 feet; thence leaving said north line, S 00°34'22" E 673.63 feet; thence S 84°39'19" E 43.34 feet; thence S 87°33'42" E 194.07 feet to the Grantor's west line; thence along said west line, S 02°29'42" W 30.00 feet; to the Point of Beginning (POB), containing 42,298 sq. ft., or 0.97 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 297 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Russell B. Rogers Esther P. Rogers ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Russell B. Rogers and Esther P. Rogers, husband and wife, and any amendments thereto, to me well known as the person who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 298 of 1140 West Transmission Main Parcel No. 830-38209-000 Tract No. 33 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Russell B. Rogers and Esther P. Rogers, husband and wife, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of a 48-inch water line to -wit: PROPERTY DESCRIPTION: (Warranty Deed: 2013-14772) A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County, Arkansas and being described as follows: Beginning at the SW corner of said SE1/4 of the SW1/4 thence N00°22'16"W 771.52 feet, thence N89°37'44"E 499.57 feet, thence S00°20'24"W 387.53 feet, thence S89°23'08"W 108.01 feet, thence S00°22'16"E 381.92 feet, thence S89023'08"W 386.76 feet to the P.O.B., containing 7.83 acres more or less. Subject to easements and rights of way of record. Subject to easements, right of ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said SE1A of the SW1/4, S 87'42'10" East 386.69 feet; thence leaving said south line, N 02029'42" E 94.42 feet; thence N 87°33'42" W 187.17 feet to the Point of Beginning (POB TCE): thence N 87°33'42" W 6.90 feet; thence N 84039'19" W 43.34 feet; thence N 00°34'22" W 50.29 feet; thence N 90000'00" E 50.00 feet; thence S 00034'22" E 54.62 feet to the Point of Beginning (POB TCE), containing 2,630 sq. ft., or 0.06 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Russell B. Rogers day of 12023. Esther P. Rogers Page 299 of 1140 West Transmission Main-TCE Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared Russell B. Rogers and Esther P. Rogers, husband and wife, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 300 of 1140 Rik SW CORNER SE%, SWl/4 SECTION 18 T1 N R30W --�—------------------ 100 100, S870 31' 11"E-50.07 I \ \ — — — — — — — — — I 1870 I I �\\ I I I\ \ I \\ I\ I \ I \ \ \ \ ROGERS, RUSSELL B &ESTHER P PN. 830-38209-000 DEED 2013-14772 I NI\ \ M off\ \ L I zl\ \ I I\ \ \ ESMT 33 \ \ \ 42298 SQ. FT. I\ \ \ 0.97 AC. \ II \ \ \ I I I I I\ \ \ N90° 00' 00"E-50.00' I I \ \ \ TCE 33 I I I\ \ \ 2630 SQ. Fr. I I 0.06 AC. .......... S840 39' 19"E-43.34' I\ \ \ a ...' ... N �....... u S00° 34' 22"E-54.62' I I 6.90' S020 29' 42"W 30.00' N810 50' 00"W-27.66' . POB TCE ..... .... 187.17' I I \ \ \ \ — S870 33' 42"E-194.07'\ N86o 0-' 43" ---- W-64.00' N87033' 42"W-194.43' STEELE ROAD POB ESMTW RAW \ I 587° 42'10"E-386.69' ' LEGEND N020 29'42"E-64.42'—"" 830-38209-000 TAX PARCEL NUMBER -/= PROPOSED RIGHT-OF-WAY 2013-14772 DEED RECORD L7�77 C PROPOSED PERMANENT EASEMENT _____J EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW ]MT McCLELLAND SATE: REVISION: WEST TRANSMISSION MAIN CONSULTING 05/04/2023 1 EXHIBIT "A" FAYETTEVILLE, AR QENGINEERS, INC. NUMBER: AS NOTED 11- PRO2184 MAP TRACT 33 1580 E. STEARNS ST. AS N ROGERS, RUSSELL B & ESTHER P FAYETTEVILLE, AR 72703 E V _ i 1. (479) 443-2377 HT P://WWW.MCE.US.COM Page 301 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 990 Steele Road, Springdale, Arkansas (Tontitown) Client: McClelland Consulting Engineers Fee Owner: Russell B. Rogers and Esther P. Rogers Mailing Address: 990 Steele Road, Springdale, Arkansas Area Of The Whole: 7.83± ACS Permanent Easement 0.97± AC Area Of Remainder: 7.83f ACS Temporary Construction Easement 0.06f AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued residential use. (see Highest and Best Use section) Remainder Property Continued residential use. (see Highest and Best Use section) ACQUISITION COMPENSATION: Before Land: 7.83f ACS Improvements: Tree Total: After Land: 7.83f ACS Improvements: Not Applicable Total FAIR MARKET VALUE OF ACQUISITION Plus: TCE Total Compensation as of. July 11, 2023 ALLOCATION OF COMPENSATION Land: Not Applicable Permanent Easement: 0.97f Acre (Rounded) Temporary Construction Easement: 0.06f Acre (Rounded) Improvements: Tree Damages: Not Applicable Cost to Cure Items: Total Compensation: 596,900 1,000 $ 597,900 533,050 $ 533,050 $ 64,850 450 0 63,850 450 1,000 0 0 65,300 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. L �'pilFl�` ``,T pPPFl"10AISEq �qi STATE CERTIFIED 7' - Katie Reed Hampton, CG3642 = 6°1° a Shannon Reed Mueller, CG2302 OERNaFtP'�- REED & ASSOCIATES, INC. ,,�;��...�r,. REED & ASSOCIATES, INC. GGG,�C2r�y\�xc ,'� .,���SyANNONa;�•``• peas�1, Blake Hopper, RA4720 '• o �_ REED & ASSOCIATES, INC.= _ z. REG1S(EREO �; AppRENT10E Page 302 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Russell B. & Esther P. Rogers 990 Steele Road Springdale, AR 72762 RE: West Transmission Main Line Parcel No. 830-38209-000 Tract 33 Offer to purchase easement Dear Mr. and Mrs. Rogers: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $65,300.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones,a:favetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels(cDfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersonc"a�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(aifayetteville-ar.gov. With kindest regards, 41;** Tim Nyander Utilities Director TN/hj ENC Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 303 of 1140 Four Horn Properties, LLC Tract No. 34 Page 304 of 1140 West Transmission Main Parcel No. 830-38209-001 Tract No. 34 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Four Horn Properties, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2013-14769 A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West in Washington County, Arkansas and being described as follows: Commencing at the SE corner of said SE1/4 of the SW1/4; thence N00°09'43"W 418.22 feet to the POB, thence S88°42'49"W 114.60 feet, thence S60°47'14"W 144.21 feet, thence S89°31'55"W 140.00 feet, thence S00°29'08"E 310.93 feet, thence N89°37'11"E 139.90 feet, thence S00028'03"E 36.70 feet, thence S89023'08"W 690.96 feet, thence N00022'16"W 381.92 feet, thence N89°23'08"E 108.01 feet, thence N00°20'24"E 387.53 feet, thence S89°37'44"W 499.57 feet, thence N00°22'16"W 550.07 feet, thence N89°29'15"E 1321.33 feet, thence S00°09'43"E 901.04 feet to the POB, containing 28.95 acres, more or less. Subject to easements and rights of way of record. Subject to easements, rights of ways and protective covenants of record if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Permanent Easement A: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said SE1/4 of the SW1/4, S 87°42'10" East 386.69 feet to the Grantor's west line; thence leaving said south line, N 02°29'42" E 64.42 feet along said west line, to the Point of Beginning (POB ESMT A): thence continuing along said west line, N 02°29'42" E 30.00 feet; thence leaving said west line, S 87°33'42" E 550.89 feet to the Grantor's east line; thence along said east line, S 02°22'44" W 30.00 feet to the north line of an existing utility easement as shown on Plat 2012-35338 of the Records of Washington County, AR; thence leaving said east line, N 87°33'42" W 550.95 feet along said north easement line to the Point of Beginning (POB ESMT A), containing 16,528 sq. ft., or 0.38 acres. Permanent Easement B: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the west line of said SE1/4 of the SW1/4, N 02°29'13" E 771.20 feet to the Grantor's south line; thence leaving said west line, S 87031'11" East 63.32 feet along said south line, to the Point of Beginning (POB ESMT B): thence leaving said south line, N 00°34'22" W 549.19 feet; thence N 03°00'56" W 2.59 feet to the Grantor's north line; thence along said north line, S 87036'42" E 50.18 feet; thence leaving said north line, S 00034'22" E 551.86 feet to said south line; thence along said south line, N 87031'11" W 50.07 feet; to the Point of Beginning (POB ESMT B), containing 27,591 sq. ft., or 0.63 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. Page 305 of 1140 WATER/SEWER EASEMENT Page 2 of 2 The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Four Horn Properties, LLC, an Arkansas limited liability company BY: Rogers Holdings, LLC, Its Sole Member BY: Russell B. Rogers, its Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Russell B. Rogers, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Manager of Rogers Holdings, LLC, acting as the Sole Member of Four Horn Properties, LLC, an Arkansas limited liability company and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 306 of 1140 I 0 100 200 I I SCALE 1" = 200' I -S870 36' 42"E-50.18' —NO 3—° 00' 56"W-2.59 v \ � \ I 10 rn I� \N 00 -4 Ln \ IN N \ N N Iro M I° o z \ \ ° U \ I I \ �I POB ESMT B T . //SW CORNER SE1/4, SW1/4 SECTION 18 ' T17N-R30W ESMT 34B 27591 SQ. FT. 0.63 AC. SE -SW 18-17-30 FOUR N87° 31' 11"W-50.07" — — I PROPERTIEES HORN i I PN.830-38209-001 S87° 31' 11"E-63.32' I DEED 2013-14769 I I I I I I I I I � I I w I I r N I I II o II I Iz I I I I ESMT 34A 16528 Q 0.38 AC. I I I II I S020 22' 44"W-30.00' S870 33' 42"E-550.89' `N020 29' 42"E-30.00' �29' 42"E�-64.42`0.00'\ N020 29� 42"E-64.42' N87° 33' 42"W-550.95' 1 �S870 42' 10"E-386.69'� RAW POB ESMT A - STEELE ROAD R W I� LEGEND 830-38209-001 TAX PARCEL NUMBER ="./= PROPOSED RIGHT-OF-WAY 2013-14769 DEED RECORD I \I PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE F-iL _ E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw I JMr McCLELLAND DATE REVISION WEST TRANSMISSION MAIN CONSULTING 05/04/2023 1 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 1 11-2184 MAP TRACT 34 1580 E. STEARNS ST. FOUR HORN PROPERTIES LLC FAYETTEVILLE, AR 72703 EXi (479)443-2377 1 HT P://WWW.MCE.US.COM Page 307 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1070 Steele Road, Springdale, Arkansas (Tontitown) Client: McClelland Consulting Engineers Fee Owner: Four Horn Properties, LLC Mailing Address: 1070 Steele Road, Springdale, Arkansas Area Of The Whole: 28.95f ACS Permanent Easement PE A — 0.38f AC PE B — 0.63f AC Total - 1.01± ACS Area Of Remainder: Area Of Acquisition: HIGHEST AND BEST USE: 28.95+ ACS N/A Whole Property Continued residential use in the interim; residential development in the future. (see Highest and Best Use section) Remainder Property Continued residential use in the interim; residential development in the future. (see Highest and Best Use section) ACQUISITION COMPENSATION: Before Land: 28.95f ACS $ 1,063,950 Improvements: Not Applicable $ 0 Total: $ 1,063,950 After Land: 28.95f ACS $ 1,037,300 Improvements: Not Applicable $ Total $ 1,037,300 FAIR MARKET VALUE OF ACQUISITION $ 26,650 Total Compensation as of. July 11, 2023 $ 26,650 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 1.01± Acres (Rounded) $ 26,650 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 26,650 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. ��� �t STATE 7 / / GiCk aolyeG,�pT\FICAT/OHS ''�i o 'c ;• ,.:� e. CMMRED I; Katie Reed Hampton, CG3642 ' �' 6Qi°AL Shannon Reed Mueller, CG2302COM REED &ASSOCIATES, INC. REED & ASSOCIATES, INC. ''niHANNONp..`` `A J,P`PS pPPRA/S Sri, // Blake Hopper, RA4720 =�aE0sE� REED & ASSOCIATES, INC. ppptt _ ; 72C Vl Page 308 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Four Horn Properties, LLC PO Box 6668 Springdale, AR 72766 RE: West Transmission Main Line Parcel No. 830-38209-001 Tract 34 1070 Steele Road Offer to purchase easement Dear Mr. and Mrs. Rogers: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $26,650.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones(afayetteville-ar gov) or Brandi Samuels (479) 444-3421 (bsamuelsAfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson a@fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(d.fayetteville-ar.gov. Wit kin t re Aqards, Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 309 of 1140 Wildcat Creek Farms, LLC Tract No. 35 Page 310 of 1140 West Transmission Main Parcel No. 830-38207-000, 830-38210-000 830-38327-100, 830-38289-000 & 830-38288-100 Tract No. 35 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wildcat Creek Farms, LLC, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2013-25230) Parcel: 830-38207-000; 830-38210-000; 830-38327-100 The NW'/4 of the SE'/4; the NE'/4 of the SW'/4; a part of the SE'/4 of the NW'/4; a part of the SW'/ of the NW'/; a part of the NW'/4 of the SW'/4 all in Section 18, T-17-N, R-30-W; ALSO, a part of the SE'/4 of the NE'/4 and a part of the NE'/4 of the SE'/4 all in Section 13, T-17-N, R30-W, together being more particularly described as follows: beginning at a found axle marking the Southwest corner of the NW'/4 of the SE'/4 of said Section 18; thence N89°21'14"E 1309.54 feet to the Southeast corner of the NW'/4 of the SE'/4 of said Section 18; thence N00027'53"W 1322.98 feet to the Northeast corner of the NW'/4 of the SE'/4 of said Section 18; thence S00024'58"W 678.22 feet along the East line of the NW'/4 of said Section 18 to a point in line with an existing fence running Northwesterly, said fence being the boundary between the Andrews and Russell properties as surveyed for them by Ralph Shreve in 1964; thence along said fence N88°45'21"W 3918.00 feet to the West line of the SE'/4 of the NE'/4 of said Section 13; said point being S00003'40"E 589.13 feet from the Northwest corner of the SE'/4 of the NE'/ of said Section 13; thence S00°03'40"E 738.63 feet to the Northwest corner of the NE'/4 of the SE'/4 of said Section 13; thence S00°30'40"E 412.50 feet; thence S77°20'25"E (Record S76°30'E) 2675.10 feet along an existing fence to a found iron; thence S00°46'31"E 362.93 feet to the Southwest corner of the NE'/ of the SW'/4 of said Section 18; thence N89°29'15"E 1321.33 feet to the point of beginning, containing 185.80 acres, more or less. Parcel: 830-38289-000; 830-38288-100 (and others) A part of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4), a part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4), a part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) all in Section Eighteen (18) and a part of the Fractional Southwest Quarter (Frl. SW'/4) of the Southwest Quarter (SW'/4) all in Section Seven (7), all being in Township Seventeen (17) North, Range Thirty (30) West; ALSO, a part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/) of Section Twelve (12), the Northeast Quarter (NE'/) of the Northeast Quarter (NE'/4) and apart of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) all in Section Thirteen (13), all being in Township Seventeen (17) North, Range Thirty-one (31) West, and being more particularly described as follows: Beginning at the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence South 0024'58" East 6.95 feet to a found iron pin on the South line of a 25 foot access easement; thence South 84°16'18" West along the south line of said easement 283.90 feet; thence South 82035'45" West along the South line of said easement 25.45 feet to a found iron pin which is the true point of beginning; thence along the south line of said easement the following bearings and distances: South 82°35'45" West 211.26 feet; South 79°04'26" West 103.05 feet; thence leaving said easement North 74029'41" West 69.54 feet; thence South 79030'00" West 292.28 feet; thence South 37025'17" West 140.33 feet; thence South 41 °14'35" West 39.13 feet; thence South 60008'04" West 41.22 feet; thence South 70°52'08" West 38.70 feet; thence South 77°56'39" West 60.86 feet to the South line of a 25 foot easement; thence along the said easement, the following bearings and distances: North 52020'35" West 129.18 feet; North 42°48'30" West 209.05 feet; North 03004'43" East 109.65 feet to an existing fence; thence along the said fence, the following bearings and distances: North 56°48'22" West 79.52 feet; North 67°25'58" West 75.44 feet; North 59018'19" West 205.73 feet; North 66025'43" West 88.62 feet; South 87051'28" West 130.81 feet; North 77003'02" West 248.07 feet; North 89022'15" West 323.27 feet to the West line of Section Seven (7), Township Seventeen (17) North, Range Thirty (30) West; thence North 00'11'06" East 66.88 feet to a railroad spike; thence S89°50'30" West 1350.71 feet to an iron pin set on the West line of the SE'/4 of the SE'/4 of Section Twelve (12), Township Seventeen (17) North, Range Thirty-one (31) West; thence South 001822 West 1652.7 feet to a found iron pin at the Northwest corner of the SE'/4 of the NE'/4 of Section Thirteen (13), Township Seventeen (17) North, Range Thirty-one (31) West; thence South 0003'40" East 589.13 along the West line of the said SE'/4 of the NE'/4 to a found iron pin in a fence line, said fence being the property line between the Russell and Andrews (now Inlow) properties as surveyed for them by Ralph Shreve in 1964; thence along the said existing fence line S88°45'21" East 3918.0 feet to a found iron pin on the East line of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence leaving said fence line North 0°24'58" West 1382.13 feet along the East line of the East Half (E'/2) of the Northwest Quarter Page 311 of 1140 WATER/SEWER EASEMENT Page 2 (NW'/4), of said Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West, to a point which is South 00024'58" East 579.54 feet of an from the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of said Section Eighteen (18), same being the Southeast corner of 3.95 acre tract heretofore conveyed to the Northwest Arkansas Zoological Society, Inc. as recorded in Washington County Land Document No. 92-50205; thence South 89025'25" West 307.95 feet; thence North 00024'58" West 544.7 feet to the point of beginning, containing 181.60 acres, more or less. LESS AND EXCEPT: That part thereof lying and being within the North 64 rods (1056.00 feet) of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section Twelve (12), Township Seventeen (17) North, Range Thirty-one (31) West. (Also a 60 easement described on deed but not this document) Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) and Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Part of the Northeast Quarter NE1/4 of the Southeast Quarter (SE1/4), and part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4), and part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 13, Township 17 North, Range 31 West, and Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 12, Township 17 North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the NE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said NE1/4 of the SW1/4, S 87°36'42" East 32.84 feet to the Point of Beginning (POB ESMT): thence leaving said south line, N 03°00'56" W 364.55 feet to the Grantor's south property line; thence along said south property line, N 74°26'41" W 2446.29 feet; thence leaving said south property line, N 19°36'49" W 287.09 feet; thence N 04°03'42" W 943.08 feet to the Grantor's west property line; thence along said west property line for the following three calls: thence N 02°50'16" E 589.04 feet; thence N 03°12'18" E 1322.77 feet; thence N 03°01'32" E 256.93 feet to the Grantor's north property line; thence leaving said west property line, S 87°31'40" E 50.00 feet along said north property line; thence leaving said north property line, S 03°01'32" W 257.41 feet; thence S 03012'18" W 1322.77 feet; thence S 02050'16" W 585.87 feet; thence S 04oO3'42" E 933.24 feet; thence S 19°36'49" E 254.32 feet; thence S 74°26'41" E 2456.30 feet; thence S 03°00'56" E 404.16 feet; thence S 00°34'22" E 1.07 feet; thence N 87°36'42" W 50.18 feet; to the Point of Beginning (POB), containing 310,622 sq. ft., or 7.13 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 312 of 1140 WATER/SEWER EASEMENT Page 3 WITNESS the execution hereof on this the day of 2023. Wildcat Creek Farms, LLC By: Tamara Martin, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Tamara Martin to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is the Manager of the Wildcat Creek Farms, LLC, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 313 of 1140 West Transmission Main Parcel No. 830-38207-000, 830-38210-000 830-38327-100, 830-38289-000 & 830-38288-100 Tract No. 35 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Wildcat Creek Farms, LLC, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of West Transmission Main to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2013-25230) Parcel: 830-38207-000; 830-38210-000; 830-38327-100 The NW'/4 of the SE'/4; the NE'/4 of the SW'/4; a part of the SE'/4 of the NW'/4; a part of the SW'/4 of the NW'/; a part of the NW'/ of the SW'/4 all in Section 18, T-17-N, R-30-W; ALSO, a part of the SE'/4 of the NE'/ and a part of the NE'/ of the SE'/ all in Section 13, T-17-N, R30-W, together being more particularly described as follows: beginning at a found axle marking the Southwest corner of the NW'/ of the SE'/ of said Section 18; thence N89°21'14"E 1309.54 feet to the Southeast corner of the NW'/4 of the SE'/4 of said Section 18; thence N00027'53"W 1322.98 feet to the Northeast corner of the NW'/4 of the SE'/4 of said Section 18; thence S00°24'58"W 678.22 feet along the East line of the NW'/4 of said Section 18 to a point in line with an existing fence running Northwesterly, said fence being the boundary between the Andrews and Russell properties as surveyed for them by Ralph Shreve in 1964; thence along said fence N88°45'21"W 3918.00 feet to the West line of the SE'/4 of the NE'/4 of said Section 13; said point being S00°03'40"E 589.13 feet from the Northwest corner of the SE'/4 of the NE'/4 of said Section 13; thence S00°03'40"E 738.63 feet to the Northwest corner of the NE'/4 of the SE'/4 of said Section 13; thence S00030'40"E 412.50 feet; thence S77020'25"E (Record S76°30'E) 2675.10 feet along an existing fence to a found iron; thence S00°46'31"E 362.93 feet to the Southwest corner of the NE'/4 of the SW'/4 of said Section 18; thence N89°29'15"E 1321.33 feet to the point of beginning, containing 185.80 acres, more or less. Parcel: 830-38289-000; 830-38288-100 (and others) A part of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4), a part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4), a part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) all in Section Eighteen (18) and a part of the Fractional Southwest Quarter (Frl. SW'/4) of the Southwest Quarter (SW'/4) all in Section Seven (7), all being in Township Seventeen (17) North, Range Thirty (30) West; ALSO, a part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section Twelve (12), the Northeast Quarter (NE'/) of the Northeast Quarter (NE'/4) and a part of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) all in Section Thirteen (13), all being in Township Seventeen (17) North, Range Thirty-one (31) West, and being more particularly described as follows: Beginning atthe Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence South 0°24'58" East 6.95 feet to a found iron pin on the South line of a 25 foot access easement; thence South 84016'18" West along the south line of said easement 283.90 feet; thence South 82035'45" West along the South line of said easement 25.45 feet to a found iron pin which is the true point of beginning; thence along the south line of said easement the following bearings and distances: South 82°35'45" West 211.26 feet; South 79004'26" West 103.05 feet; thence leaving said easement North 74029'41" West 69.54 feet; thence South 79030'00" West 292.28 feet; thence South 3702617" West 140.33 feet; thence South 41 °14'35" West 39.13 feet; thence South 60°08'04" West 41.22 feet; thence South 70°52'08" West 38.70 feet; thence South 77°56'39" West 60.86 feet to the South line of a 25 foot easement; thence along the said easement, the following bearings and distances: North 52020'35" West 129.18 feet; North 42048'30" West 209.05 feet; North 03004'43" East 109.65 feet to an existing fence; thence along the said fence, the following bearings and distances: North 56°48'22" West 79.52 feet; North 67025'58" West 75.44 feet; North 59018'19" West 205.73 feet; North 66025'43" West 88.62 feet; South 87051'28" West 130.81 feet; North 77003'02" West 248.07 feet; North 89022'15" West 323.27 feet to the West line of Section Seven (7), Township Seventeen (17) North, Range Thirty (30) West; thence North 00'11'06" East 66.88 feet to a railroad spike; thence S89°50'30" West 1350.71 feet to an iron pin set on the West line of the SE'/4 of the SE'/4 of Section Twelve (12), Township Seventeen (17) North, Range Thirty-one (31) West; thence South 001822 West 1652.7 feet to a found iron pin at the Northwest corner of the SE'/4 of the NE'/4 of Section Thirteen (13), Township Seventeen (17) North, Range Thirty-one (31) West; thence South 0003'40" East 589.13 along the West line of the said SE'/4 of the NE'/4 to a found iron pin in a fence line, said fence being the property line between the Russell and Andrews (now Inlow) properties as surveyed for them by Ralph Shreve in 1964; thence along the said existing fence line S88°45'21" East 3918.0 feet to a found iron pin on the East line of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of Section Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West; thence leaving said fence line North 0°24'58" West 1382.13 feet along the East line of the East Half (E'/2) of the Northwest Quarter (NW'/4), of said Eighteen (18), Township Seventeen (17) North, Range Thirty (30) West, to a point which is South 00024'58" East 579.54 feet of an from the Northeast corner of the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4), of said Section Eighteen (18), same being the Southeast corner of 3.95 acre tract heretofore conveyed to the Northwest Arkansas Page 314 of 1140 TCE Page 2 of 3 Zoological Society, Inc. as recorded in Washington County Land Document No. 92-50205; thence South 89025'25" West 307.95 feet; thence North 00°24'58" West 544.7 feet to the point of beginning, containing 181.60 acres, more or less. LESS AND EXCEPT: That part thereof lying and being within the North 64 rods (1056.00 feet) of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section Twelve (12), Township Seventeen (17) North, Range Thirty- one (31) West. (Also, a 60-foot easement described on deed but not this document) Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: TEMPORARY CONSTRUCTION EASMENT A Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) and Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, and Part of the Northeast Quarter NE1/4 of the Southeast Quarter (SE1/4) of Section 13, Township 17 North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the NE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said NE1/4 of the SW1/4, S 87°36'42" East 83.02 feet; thence leaving said south line, N 00°34'22" W 1.07 feet; thence N 03°00'56" W 404.16 feet to the Point of Beginning (POB TCE A): thence N 74026'41" W 1700.00 feet; thence N 15033" 9" E 50.00 feet; thence S 74°26'41" E 1683.20 feet; thence S 03°00'56" E 52.75 feet; to the Point of Beginning (POB TCE A), containing 84,580 sq. ft., or 1.94 acres. TEMPORARY CONSTRUCTION EASMENT B Part of the Southeast Quarter (SE1 /4) of the Northeast Quarter (NE1 /4) of Section 13, Township 17 North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the SW Corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West; thence along the south line of said NE1/4 of the SW1/4, S 87°36'42" East 83.02 feet; thence leaving said south line, N 00°34'22" W 1.07 feet; thence N 03°00'56" W 404.16 feet; thence N 74°26'41" W 2456.30 feet; thence N 19°36'49" W 254.32 feet; thence N 04°03'42" W 433.24 feet to the Point of Beginning (POB TCE B): thence N 04°03'42" W 500.00 feet; thence N 02'50'16" E 17.57 feet; thence S 87°09'44" E 25.00 feet; thence S 02'50'16" W 16.06 feet; thence S 04°03'42" E 498.49 feet; thence S 85'56'18" W 25.00 feet; to the Point of Beginning (POB TCE B), containing 12,902 sq. ft., or 0.30 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 315 of 1140 TCE Page 3 of 3 WITNESS the execution hereof on this the day of 12023. By: Wildcat Creek Farms, LLC Tamara Martin, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared Tamara Martin to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is the Manager of the Wildcat Creek Farms, LLC, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 316 of 1140 Page 317 of 1140 1C10 200 SCALE 11" = 200' WILDCAT CREEK FARMS PN:830-38210-000 DEED 2013-25230 �o0 M u- r j U) W O N W � M <Y 00 O ESMT 35 O I ¢ 00 0 310622 SQ. FT. p z w �_a0 7.13AC. TCE\ NWY4, SWY4 TCE 35A I S�4o \ SECTION 18 84580 1.94 AC. FT. 26 4Y�� T17N-R30W N7go 264j W?4S6 301 T CE S\z6 411616g3 \ 24 46.29' \ \ \ N>4° \ �0 26' qI ;, SECT4ION 18 T17N-R30W 503° 00' 56'E-52.75' POB TCEA CALLIIigN Lrl 1� \Iw M \ _ \ \ ILf1 \ �0 o� 0 0 POB ESMT z \ SW CORNER NE/4, SW/4 SECTION 18 T17N-R30W S87° 36' 42"E-32.84' �\ N870 36' 42"W-50.18' I; S00° 34' 22"E-1.07' LEGEND AS NOTED TAX PARCEL NUMBER =".,= PROPOSED RIGHT-OF-WAY 2013-25230 DEED RECORD r \I PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE ��E _ E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW 1Mr WmcCLELLAND IATE: RE111111 WEST TRANSMISSION MAIN CONSULTING 04/12/23 1 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 35 1580 E. STEARNS ST. EX-1 /4 WILDCAT CREEK FARMS LLC FAYE(479) 443 23 72703 (479)443-2377 �013 HT P://WWW.MCE.US.COM Page 318 of 1140 o I� N 0 100 1 200 sas° se' 1s^w-zs.00' SCALE 1" = 00' POB TCE B v .O M CD \� V Z { \ \ 1 WILDCAT CREEK FARMS PN_830-38327-100 {\ \ o DEED 2013 25 0— {\ \ { z h�{ NE%4, SE%4 6, SECTION 13 T17N-R31W M \\ \ 6 \\\\\ram N15° 33' 19"E-50.00'PQ- \\\\ Sao CF\ 4 26 41� ! \ \• F Z4 N74o 26, 41 „vv 56.30, 2446 2g cA`'N ORIvF LEGEND AS NOTED TAX PARCEL NUMBER 2013-25230 DEED RECORD EXISTING PROPERTY LINE F-iL _ E BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. PROPOSED RIGHT-OF-WAY PROPOSED PERMANENT EASEMENT PROPOSED TEMP. CONST. EASEMENT (NOT A PLAT OF SURVEY) Tw I 1Mr McCLELLAND DATE REVISION: WEST TRANSMISSION MAIN CONSULTING E4 E: PRO]. NUMBER z3 1 EXHIBIT "A" FAYETTEVILLE� AR —ENGINEERS, INC. SCALE: '. AS NOTED 1 11-2184 MAP TRACT 35 1580 E. STEARNS ST. WILDCAT CREEK FARMS LLC FAYETTEVILLE, AR 72703 r_V _ 7 1A 1 1 (479) 443-2377 Page 319 of 1140 \ 0 100 200 \ SCALE 1" = 200' \I \I \y \ \ \ y� WILDCAT CREEK FARMS I� PN:830-38289-000 `^ DEED 2013-25230 00 9 \ w1nko \1Lr) \ i O \ N Ln \ I (n O \ N O \ z I \ \ S870 09' 44"E-25.00' \ \I \ \�S020 50' 16"W-16.06' \ \ - NO2° 50' 16"E-17.57' TCE 35B 1`, \ 12902 SQ. FT. 0.30 AC. S E%4, N E%4 \ \ SECTION 13 o 00 T17N-R31W \ o w 0 `1 yr °v I\ o Ln \\z �\ \ n 00 M ` M c M S850 56' 18"W-25.00' cr, w i POB v TCE B O OI0 M \0 V zI\ )i V \ 1 WILDCAT CREEK FARMS ____PN-. 830-38327-100 o DEED 2013�25 -g— I\ L E G E N D AS NOTED TAX PARCEL NUMBER CCCCG�R�////A PROPOSED RIGHT-OF-WAY 2013-25230 DEED RECORD ET7 7,777 .'lPROPOSED PERMANENT EASEMENT L--------- i EXISTING PROPERTY LINE C PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW 1Mr WmcCLELLAND 11 RE s"H WEST TRANSMISSION MAIN CONSULTING 04/12/23 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 35 1580 E. STEARNS ST. EX- 3/4 WILDCAT CREEK FARMS LLC FAYE(479) LLE,443 23 72703 (479)443-2377 �013 HT P://WWW.MCE.US.COM Page 320 of 1140 S870 31' 40"E-50.00' 0 100 200 — ------ ——SCALEI =200' M rn \ 't `° \ I Ln ln N \IN z \ �: WILDCAT CREEK FARMS rljm SEA, SEA\\�M� \ \I ^I PN: 830-38288-100 DEED2013-25230 T17NIR31W 00 \ o \\,I OM Y M \y - `I \I \ �I �I \ \I \ \ WILDCAT CREEK FARMS — PN:830-38289-000 \ ^ DEED 2013-25230 N N \ M \ fN \ � W00 `100 N \ NEA, NEK 1-4 SECTION 13 fy) I M T17N-R31W z \I0 \ \I \ \I \y \ �I LEGEND AS NOTED TAX PARCEL NUMBER CCCCGR////A PROPOSED RIGHT-OF-WAY 2013-25230 DEED RECORD PROPOSED PERMANENT EASEMENT L--------- i — — EXISTING PROPERTY LINE C `E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) rw MpNA6ER MT N BY WEST TRANSMISSION MAIN McCLELLAND CONSULTING OFTE. REVISION: 04/12/23 1 EXHIBIT "A" MAP FAYETTEVILLE AR TRACT 35 WILDCAT CREEK FARMS LLC —ENGINEERS, INC. 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 -2377 HTTP://W W W.MCE.US.COM /WWW.M43US.CO SCALE: AS NOTED PRO]. NUMBER'. 11-2184 EX-4/4 Page 321 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: End of Piazza Road, north side of Steele Road, east of S. Barrington Road, and west of S. Maestri Road, in Tontitown, Arkansas Client: McClelland Consulting Engineers Fee Owner: Wildcat Creek Farms, LLC Mailing Address: P.O. Box 10620 Fayetteville, Arkansas 72703 Area Of The Whole: 426.17E ACS Permanent Utility Easement 7.13E ACS Area Of Remainder: 426.17E ACS Temporary Construction Easement 2.24E ACS Area Of Acquisition: 0± ACS HIGHEST AND BEST USE: Whole Property Residential development. Remainder Property Residential development. ACQUISITION COMPENSATION: Before Land: 426.17E ACS $ 6,392,550 Improvements: Not Appraised $ 0 Total: $ 6,392,550 After Land: 426.17E ACS $ 6,314,500 Improvements: Not Appraised $ 0 Total $ 6,314,500 Subtotal $ 78,050 Plus: Temporary Construction Easement 3,350 Total Compensation as of: June 19, 2023 $ 81,400 ALLOCATION OF COMPENSATION Land: N/A $ 0 Permanent Easement: 7.13E ACS $ 78,050 Temporary Construction Easement: 2.24E ACS @ Rental Value $ 3,350 Improvements: N/A $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 81,400 K@ .?� STTATEWE CE MPED Katie Reed Hampton, CG3642 GENMAL REED & ASSOCIATES, INC. Date of Report: June 19, 2023 Page 322 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Wildcat Creek Farms LLC PO Box 10620 Fayetteville, AR 72703 RE: West Transmission Main Line Parcel No. 830-38210-000 and more Tract 35 Offer to purchase easement Dear Ms. Martin: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $81,400.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax ldpntifiration Numher (C orpnratinn) sn that a rheck ran he. written. A W-9 was prnvirled fnr this ptirpnse, htit wP will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesi5fayetteville-ar qov) or Brandi Samuels (479) 444-3421 (bsamuels(afayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(a?fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(a)fayetteville-ar.gov. Wit kin est egards, Tim Nyander Utilities Director TN/hj Enr. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 323 of 1140 Solomon Properties, LLC Tract No. 36 Page 324 of 1140 West Transmission Main Parcel No. 830-39166-000 Tract No. 36 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Solomon Properties LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Warranty Deed: 2020-018218) Tract 1 of the 4-K Minor Subdivision as shown in Plat Book 24 at Page 216 in the office of the Circuit Clerk and Ex-Officio Recorder and being more particularly described as follows: A part of the Southeast Quarter (SE'/4) of the Southeast Quarter(SE'/4) of Section 12, Township 17 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a'/2" rebar at the Northwest corner of said SE'/4 of the SE'/; thence S87°27'54"E 1102.21 feet along the north line of said SE'/ of the SE'/4 to a '/2" rebar; thence S03006'31"W 500.00 feet to a '/2" rebar; thence S87027'54"E 250.00 feet to the East line of said SE'/ of the SE'/; thence S03°06'31"W 343.26 feet along said East line to a mag nail; thence N87°30'14"W 239.84 feet to a 1/2" rebar; thence S03°09'00"W 201.53 feet to a 1/2" rebar; thence S71°22'42"E 31.14 feet to a'/2" rebar; thence S87033'14"E 209.87 feet to a mag nail on said East line; thence S00055'42"E 16.13 feet to a '/2" rebar; thence N87°31'20"W 1350.88 feet to a 1/2" rebar on the west line of said SE'/4 of the SE'/4; thence NO2°58'34"E 1070.68 feet to the point of beginning, containing 29.16 acres, more or less. Subject to easements, right of ways and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of Tract 1 of the 4-K Minor Subdivision as shown in Plat Book 24, Page 216, Tontitown, Washington County, Arkansas, described as: Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 12, Township 17 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the SE1/4 of the SE 1/4 of said Section 12; thence along the North line of said SE 1/4 of the SE 1/4 North 87128'03" West, 1302.22 feet to the POINT OF BEGINNIG (P.O.B.); thence South 02058'42" West, 1070.47 feet to the Grantor's South property line; thence along the Grantor's South property line North 87'32'15" West, 50.00 feet to the West line of said SE 1/4 of the SE 1/4; thence along the West line of said SE 1/4 of the SE 1/4 North 02°58'42" East, 1070.53 feet to the North line of said SE 1/4 of the SE 1/4; thence along the North line of said SE 1/4 of the SE 1/4 South 87028'03" East, 50.00 feet to the POINT OF BEGINNING (P.O.B.), containing 53,524 sq. ft., or 1.23 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Page 325 of 1140 WATER/SEWER EASEMENT Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. BY: Solomon Properties LLC, an Arkansas limited liability company amara Martin, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Tamara Martin, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is the Manager of Solomon Properties LLC, an Arkansas limited liability company, and is duly authorized in his/her capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he/she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 326 of 1140 Basis of Bearings: UTILITY EASEMENT MAP Arkansas State Plane TRACT MAP NO. 36 Coordinate System (North Zone) EXHIBIT A SCALE: 1" = 250' PE — 53,545 SQ. FT. (1.23 A TICE — 0 SQ. FT. (0 AC.) C.) POB TRACT 36 Land line II I �I N87' 28' 03"W - 50.00 )487' 28' 03"W - 1302.22' NE CORNER SE1/4, SE1/4 50' PE SECTION 12 T-17—N, R-31—W I POC TRACT 36 TRACT I 36 I I p O Parcel # 830-39166-000 SOLOMON PROPERTIES LLC i I PO BOX 10620 3 FAYETTEVILLE, AR 72703 N Warranty Deed Document ACV 2020-18218 I n U) SE —SE I I I � N N II I EXIST. ( 20' TONTITU.E� 2006-04967) I I I � J I EXIST. 20' TONTITOWN U.E. (2006-04967) I I r I J � N 87' 32' 15"W 50.00' SE CORNER SE1/4, SE1/4 SECTION 12 T-17—N, Land line SECT/ON 12 R-31—W SECTION 13 - - - - - - --�- L E G E N D 0 Permanent Easement 0 Temporary Construction Easement I Property Line • Corner of Permanent Easement B74 Street Right —of —Way Existing Utility Easement Line TICE — Temporary Construction Easement PE — Permanent Easement Property Owner : RALPH & NANCY PENDERGRAFT CITYOF Drawn by : McClelland Consulting Engineers Project Name FAYETTEVILLE Date: Nov. 2022 Scale : 1" = 250' West Transmission Project No. 112184 Tract No. 36 Main Route Page 327 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1553 Piazza Road, Tontitown, Arkansas 72762 Client: McClelland Consulting Engineers Fee Owner: Solomon Properties, LLC Mailing Address: P.O. Box 10620, Fayetteville, AR 72703 Area Of The Whole: 29.16f ACS, or Permanent Easement 53,524± SF 1,270,210f SF Area Of Remainder: 29.16f ACS, or Temporary Construction Easement 0± SF 1,270,2101 SF Area Of Acquisition: 0± SF HIGHEST AND BEST USE: Whole Property In my opinion, the highest and best use of the subject as improved is to raze the existing agricultural improvements for residential development, within shape limitations, and in conformity to Zoning Regulations. Remainder Property In my opinion, the highest and best use of the subject as improved is to raze the existing agricultural improvements for residential development, within shape limitations, and in conformity to Zoning Regulations. ACQUISITION COMPENSATION: Before Land: 29.16f ACS Improvements: None Total: After Land: 29.16f ACS Improvements: None Total Total Compensation as of: November 22, 2022 ALLOCATION OF COMPENSATION Land: N/A Permanent Easement: 53,524f SF Temporary Construction Easement: N/A Improvements: N/A Damages: Not Applicable Cost to Cure Items: Not Applicable Total Compensation: 0", STATE COMFIED BENMAL Katie Reed Hampton, CG3642 cas"2 REED & ASSOCIATES, INC.'''f,H�!"°`` 889,150 0 $ 889,150 865,700 0 $ 865,700 $ 23,450 $ 0 $ 23,450 $ 0 $ 0 $ 0 $ 0 $ 23,450 Date of Report: December 13, 2022 Page 328 of 1140 ►I CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Solomon Properties, LLC PO Box 1120 Tontitown, AR 72770 RE: West Transmission Main Line Parcel No. 830-39166-000 Tract 36 Offer to purchase easement Dear Ms. Martin: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $23,450.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones�c-Vayetteville-ar gov) or Brandi Samuels (479) 444-3421(bsamuels(5�fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersoncd�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyandertafayetteville-ar.gov. With indest regards, 4*A41 Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 329 of 1140 C. L. George & Sons Tract No. 37E Page 330 of 1140 West Transmission Main Parcel No. 830-38285-000 Tract No. 37E WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT C. L. George & Sons, an Arkansas General Partnership, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Survey Dr3-281) The Northwest Quarter (NW'/4) of the Southeast Quarter (SW'/4) and part of the Southwest Quarter (SW'/4) of the Southeast Quarter (SE'/4) of Section 12, Township 17 North, Range 31 West, Washington County, being more particularly described as follows: Beginning at the Northwest corner of said NW1/4 of the SE1/4; thence North 88°49'33" East 1316.12 feet; thence South 0°40'42" East 2381.46 feet; thence South 88°41'05" West 1352.44 feet; thence North 0011'36" East 2385.38 feet to the POINT OF BEGINNING, containing 72.99 acres, more or less, with approximately 40.64 acres in said NW1/4 of the SE1/4 and approximately 32.35 acres in the SW1/4 of the SE1/4, and subject to the right of way of a county road along the West boundary and the right of way of an Ozarks Electric Power line along the North boundary thereof. Also subject to a water line easement 10 feet in width, 5 feet on each side of the following described centerline: Beginning North 0°40'42" West 618.03 feet from the Southwest corner of the above described tract; thence South 74°32'57" West 289.48 feet; thence South 84005'52" West 181.80 feet; thence North 83010'05" West 303.31 feet; thence North 83024'35" West 160.68 feet; thence North 88°54'22" West 253.15 feet; thence South 87°41'58" West 169.15 feet to the POINT OF ENDING. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 12, Township 17 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the NE corner of the NW 1/4 of the SE 1/4 of said Section 12 also being the NE corner of the Grantors property; thence along the Grantor's East property line, South 03' 04' 40" West a distance of 663.97 feet; thence continuing along the Grantor's East property line, South 030 04' 40" West a distance of 663.97 feet; thence leaving the Grantor's East property line North 87° 45' 08" West a distance of 30.00 feet; thence North 03' 04' 40" East a distance of 662.92 feet; thence North 03' 04' 40" East a distance of 664.89 feet to the Grantor's North line also being the North line of the NW 1/4 of the SE 1/4; thence along said North line South 870 43' 45" East a distance of 30.00 feet to the POINT OF BEGINNING (P.O.B.), containing 39,826 sq. ft., or 0.91 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 331 of 1140 WATER/SEWER EASEMENT Page 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. C. L. George & Sons, an Arkansas General Partnership BY: BY: Gary C. George, General Partner Cathy George Evans, General Partner ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Gary C. George and Cathy George Evans, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are General Partners of C. L. George & Sons, an Arkansas General Partnership, and are duly authorized in their capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 332 of 1140 Basis of Bearings: Arkansas State Plane Coordinate System (North Zone) SCALE: 1 " = 500' UTILITY EASEMENT MAP TRACT MAP NO. 37E EXHIBIT "A" S87' 43' 44'E — NO3' 04' 5WE — NW-SE SEC. 12 TRACT 37 Parcel # 830-38285-000 CL GEORGE & SONS 1328 TALDO LOOP SPRINGDALE, AR 72762 Warranty Deed Document N 1429-672 i; NO3' 04' 40"E — 662.54 N86' 45' OWW — 30.00'— SW -SE SEC. 12 L E G E N D PE — 39,830 SQ. FT. (0.91 AC.) TCE — 0 SQ. FT. (0 AC.) NE CORNER NW1/4, SE1/4 SECTION 12 T-17-N, R-31-W PE PE 04' 50"W — 663.97' 04' 40"W I — 663.97' line 0 Permanent Easement 0 Temporary Construction Easement I Property Line • Corner of Permanent Easement B74 Street Right —of —Way Existing Utility Easement Line TCE — Temporary Construction Easement PE — Permanent Easement Property Owner : CL GEORGE & SONS CITYOF Drawn by : McClelland Consulting Engineers Project Name FAYETTEVILLE Date: Mar. 2022 Scale : 1" = 500' West Transmission Project No. 112184 Tract No. 378 Main Route Page 333 of 1140 Location: SUMMARY OF SALIENT FACTS AND CONCLUSIONS East side of Taldo Loop, east of Barrington Road; 1328 Taldo Loop, Tontitown, AR Client: McClelland Consulting Engineers Fee Owner: C.L. George & Sons, an Arkansas General Partnership Mailing Address: P.O. Box G, Springdale, AR 72765 Tract No. 37E Area Of The Whole: Area Of Remainder: Area Of Acquisition: 72.99± ACS Permanent Utility Easement: 72.991 ACS Not Applicable Temporary Construction Easement: Date of Report: November 18, 2022 HIGHEST AND BEST USE: 0.91± AC Not Applicable Whole Property- Hold for residential development/ use. Interim agricultural use. Remainder Property- Hold for residential development/ use. Interim agricultural use. ACQUISITION COMPENSATION: Before Land: 72.99± ACS $ 2,225,650 Improvements: Not Applicable $ 0 Total: $ 2,225,650 After Land: 72.99f ACS Improvements: Not Applicable Total Total Compensation as of. November 9, 2022 $ 2,215,150 $ 0 $ 2,215,150 ALLOCATION OF COMPENSATION $ 10,500 Land: Not Applicable $ 0 Utility Easement: 0.91f AC $ 10,500 Temporary Construction Easement: Not Applicable $ 0 Improvements: None $ 0 Damages: None $ 0 Cost to Cure Items: None $ 0 Total Compensation: $ 10,500 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. i Katie Reed Hampton, CG3642 Reed & Associates, Inc. ` M STATE �o CEIMPED L = GENERAL COO ` ........... �1 Page 334 of 1140 %F CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 C L George & Sons, an Arkansas General Partnership c/o Gary George & Cathy George Evans PO Box G Springdale AR 72765 RE: West Transmission Main Line Parcel No. 830-38285-000 Tract 37E Offer to purchase easement Dear Mr. George and Ms Evans. The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process Please accept our professionally appraised offer (or counter offer) of $35,000.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate, and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hlones[a�fayetteville-ar qov) or Brandi Samuels (479) 444-3421 (bsarnuels(a)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(a)fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(o)fayetteville-ar.gov. With kinde regards, A�� Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 335 of 1140 One Twelve, LLC and Potts Family, LLC Tract No. 54 Page 336 of 1140 West Transmission Main Parcel No. 830-38032-000 Tract No. 54 CORRECTION WATER/SEWER EASEMENT (This Easement filed to correction the second easement legal description of easement document Filed 12/21/2022 as Document 2022-00049645) BE IT KNOWN BY THESE PRESENTS: THAT, One Twelve, LLC, a Limited Liability Company and Potts Family, LLC, a Limited Liability Company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 2005-17207) A part of the South Half (S'/z) of the Northeast Quarter (NE'/4) of the Southeast Quarter (SE'/4 of Section 36, Township 18 North, Range 31 West Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at the Northeast corner of the S'/2, NE'/4, SE'/4 of said Section 36; thence S00°59'35"E 661.21 feet along an existing fence line; thence N89049'10"W 817.14 feet along an existing fence line; thence N05°27'28"W 176.39 feet; thence N84°32'32"E 200 feet; thence N05°27'28"W 200 feet; thence S84°32'32"W 72.60 feet; thence N58°31'E 51.00 feet; thence N71 °04'E 81.98 feet; thence N75°33'E 372.55 feet; thence N21 001'W 30.20 feet along the Westerly right of way line of Arkansas Highway No. 112; thence S75°33'W 370.27 feet; thence S71°04'W 76.46 feet; thence S58°32'W 114.64 feet; thence S84°32'32"W 59.02 feet; thence N05°27'28"W 141.11 feet; thence N24°48'16"E 153.70 feet along an iron corral type fence; thence N89°51'50"E 790.61 feet along an existing fence line to the point of beginning, subject to the right of way of Arkansas Highway No. 112; with Highway right of way containing approximately 0.90 acres. Less and except Tract A as described in document #2005-18745: A part of the South Half (S-'/2) of the Northeast Quarter (NE-1/4) of the Southeast Quarter (SE-1/4) of Section 36, T-18-N, R-31-W, Washington County, Arkansas, and being more particularly described as follows, to -wit: Beginning at the NE corner of the S-'/2 of the NE-1/4 of the SE-1/4 of said Section 36; thence S00°06'00"W 639.42 feet; thence 1\11710'24"W 225.93 feet; thence N17°49'20"W 193.59 feet; thence N19058'11"W 258.39 feet; thence S89°02'36"E 215.35 feet to the POINT OF BEGINNING, containing 1.52 acres, more or less, and subject to a permanent road easement as described in Land Document No. 2004-45990, land records of Washington County, Arkansas, and subject to any additional easements and/or rights of way of record, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NE1/4 of the SE1/4 of said Section 36; thence along the South line of said NE1/4 of the SE1/4 North 87002'25" West, 614.14 feet to the POINT OF BEGINNING (P.O.B.) of Permanent Easement #1 (P.O.B. P.E. #1); thence continuing along the South line of said NE1/4 of the SE1/4 and the Grantor's South property line North 87002'25" West, 50.05 feet; thence leaving the South line of said NE1/4 of the SE1/4 and the Grantor's South property line North 110 37' 24" East 199.45 feet; thence North 020 40' 43" West 200.00 feet; thence North 01 ° 10' 53" East 29.33 feet to the Grantor's North property line; thence along the Grantor's North property line North 730 50' 45" East 52.38 feet; thence leaving the Grantor's North property line South 010 10' 53" West 43.25 feet; thence South 020 40' 43" East 202.49 feet; thence South 11 ° 37' 24" West 200.22 feet to the POINT OF BEGINNING (P.O.B. P.E. #1) containing 21,765 square feet, or 0.50 acres. ALSO, Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NE1/4 of the SE1/4 of said Section 36; thence along the South line of said NE1/4 of the SE1/4 North 87002'25" West, 664.19 feet; thence leaving said South line North 110 37' 24" East 199.45 feet; thence North 02' 40' 43" West 200.00 feet; thence North 01 ° 10' 53" East 60.76 feet to the Grantor's South property line, and to the POINT OF BEGINNING (P.O.B.) of Permanent Easement #2 (P.O.B. P.E. #2); thence leaving said South property line North 010 10' 53" East 19.83 feet; thence North 130 58' 19" East 184.80 feet to the Grantor's North property line; thence along said North property line, South 87° 30' 07" East 50.86 feet; thence leaving said North property line, South 130 58' 19" West 188.61 feet to the Grantor's South property line; thence along said South property line for the following two courses: South 780 19' 45" West 7.98 feet; South 730 50' 45" West 44.23 feet to the POINT OF BEGINNING (P.O.B. P.E. #2), containing 9,787 square feet, or 0.22 acres. Page 337 of 1140 WATER/SEWER EASEMENT Page 2 Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the One Twelve, LLC day of By: By: James E. Potts, Member ACKNOWLEDGMENT STATE OFARKANSAS ) 1 ss. COUNTY OF WASHINGTON 2023. Potts Family, LLC James Darrell Potts, Managing Member BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James E. Potts, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he was the Member, of One Twelve, LLC, a Limited Liability Company and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: 2023. Notary Public Page 338 of 1140 WATER/SEWER EASEMENT Page 3 ACKNOWLEDGMENT STATE OFARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Darrell Potts, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that he was the Managing Member of Potts Family, LLC, a Limited Liability Company and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 339 of 1140 /Scale: 1 "=150' Basis of Bearings: / Arkansas State Plane / Coordinate System (North Zone) 50' PE - N13' 58' 19"E - 184.80'- S73' 50' 45"W - 44.23' N01' 10' 53"E - 19.83'� PE #2 N01' 10' 53"E - 31.43, I� N01' 10' 53"E - 29.33' I I NO2' 40' 43"W - 200.00" N11' 37' 24"E - 199.45'- 50 PE - Land line PERMANENT EASEMENT MAP TRACT MAP NO. 54 PE - 31,552 SQ. FT. 0.72 AC.) EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.) x I a I 57 a o a S87' 30' 07"E - 50.86' W S13' 58' 19"W - 188.61' aW a . S78' 19' 45"W - 7.98'lip �p'W R Ay�' • „/ '10 i 50' 45"E - 52.38' S01' 10' 53"W - 43.25' NE -SE 36-18-31 -S02' 40' 43"E - 202.49' TRACT 54 4 830-38032-000 2005-17207 ONE TWELVE, LLC & P & POTTS FAMILY, LLC 1' 37' 24"W - 200.22' N87' 02' 25"W - 50.05' N87' 02' 25"W - 614.14' POB r PE #1 SE CORNER a a w N EII/4, SE1 /4 d Lo a SE —SE SECTION 36 36-18-31 R-31—W i L E G E N D I Permanent Easement IProperty Line — -R/4F- — Street Right -of -Way W1 /2-SW1 /4 31-18-30 0 Temporary Construction Easement • Corner of Permanent Easement Existing Utility Easement Line 830-38032-000 — Tax Parcel Number PE — Permanent Easement 2005-17207 — Deed Record TCE — Temporary Construction Easement Project Name : West Transmission Main Route CITYOF Drawn by : McClelland Consulting Engineers Property Owner FA YE TTEVILLTs Date: March 2023 Scale : 1" = 150' ONE TWELVE, LLC & POTTS FAMILY, LLC Project No. 112184 I Tract No. 54 Page 340 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 9.80E acres located west of the intersection of Har-Ber Avenue and North Maestri Road, Tontitown, AR; Washington County Client: McClelland Consulting Engineers Fee Owner: One Twelve, LLC & Potts Family, LLC Mailing Address: 4915 S Thompson, Springdale, AR 72764 Area Of The Whole: 9.80E ACS Permanent Utility Easement 0.72E AC Area Of Remainder: 9.80E ACS Temporary Construction Easement NA Area Of Acquisition: NA HIGHEST AND BEST USE: Whole Property Future Commercial Development Remainder Property Future Commercial Development ACQUISITION COMPENSATION: Before Land: 9.80E ACS $ 931,000 Improvements: Not Appraised $ 0 Total: $ 931,000 After Land: 9.80E ACS $ 862,600 Improvements: Not Appraised $ Total $ 862,600 Total Compensation as of: April 25, 2022 $ 68,400 ALLOCATION OF COMPENSATION Land: N/A $ 0 Permanent Easement: 0.72E AC $ 68,400 Temporary Construction Easement: N/A $ 0 Improvements: N/A $ 0 Damages: Land $ 0 Cost to Cure Items: N/A $ 0 Total Compensation: $ 68,400 Sincerely, Blake Hopper, RA4720 .� APPRgj �a,IF��,;� REED & ASSOCIATES' INC. :�'!��•' •�o', __ z REDREGISE�OE o pPPR4120 • Date of Report: May 5' 2022 �' '' ••• '�' "",,AAKEN���°��• Shannon Reed Mueller, CG2362 REED & ASSOCIATES, INC._a; Ge��\O\ L G?. SyANN014t ` 7 Page 341 of 1140 ►i CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 One Twelve LLC Potts Family LLC 4915 S Thompson Springdale, AR 72764 RE: West Transmission Main Line Parcel No. 830-38032-000 Tract 54 Offer to purchase easement Dear Mr. Potts: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $200.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the executlon of the documents if you will advise our office accordingly. Payment will be requested upon recelpt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation), so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones�dJavetteville-ar gov) or Brandi Samuels (479) 444-3421(bsamuelsCdfavetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cciranderson(a)favetteville-ar.gov or Tim Nyander, Utilities Director at tnvanderLdufayetteville-ar.gov. With in est r gards, 41*� Tim Nyander Utilities Director TN/hi Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 342 of 1140 AI'Ti:FlG�1Ram Tract No. 59 Page 343 of 1140 West Transmission Main Parcel No. 815-33682-900 Tract No. 59 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, Elmdale Lake LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Warranty Deed: 2021-28133) The West Half (W'/z) of the Northwest Quarter (NW'/4) and the Northeast Quarter (NE'/4) of the Northwest Quarter (NW'/4) of Section Thirty -One (31), Township Eighteen (18) North, Range Thirty (30) West, LESS AND EXCEPT the following two tracts of land sold to the Arkansas Game and Fish Commission, which are described as follows: Beginning at the Northeast corner of the Northwest Quarter (NW'/4) of Section Thirty -One (31), Township Eighteen (18) North, Range Thirty (30) West, and running thence South 915 feet; thence South 64 degrees West 102 feet; thence North 201 feet; thence North 41 degrees West 1,002 feet; thence East to the place of beginning, containing 6.83 acres, more or less. AND Commencing at the Northeast corner of the Northwest Quarter (NW'/4) of Section Thirty -One (31), Township Eighteen (18) North, Range Thirty (18) West, thence North 88 degrees 45 minutes 55 seconds West for a distance of 790.01 feet along the North line of said Section Thirty -One (31) to the Northwest corner of the Arkansas Game & Fish Commission's property lying in the Northeast Quarter (NE'/) of the Northwest Quarter (NW'/) of Section Thirty -One (31), said point being the point of beginning; thence South 23 degrees 51 minutes 13 seconds East for a distance of 333.11 feet to a point; thence South 48 degrees 53 minutes 05 seconds East for a distance of 715.90 feet to a corner of the said Arkansas Game & Fish Commission property in said Section Thirty -One (31); thence North 41 degrees 00 minutes 00 seconds West for a distance of 1027.44 feet along the West line of the said Arkansas Game & Fish Commission's property to the point of beginning, containing 1.16 acres, more or less. Subject to easements, right of way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the West -Half (W1/2) of the Northwest Quarter (NW1/4) of Section 31, Township 18 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the NW Corner of the W1/2 of the NW1/4 of said Section 31; thence along the North line of said W1/2 of the NW1/4 and along the Grantor's North property line South 86°59'34" East, a distance of 20.00 feet; thence leaving the North line of said W1/2 of the NW1/4 and the Grantor's North property line South 03007'48" West, 2,596.68 feet to the Northerly right-of-way line of Gibbs Street and the Grantor's South property line; thence along said Northerly right-of-way line South 89°06'26" West, 2.74 feet; thence continuing along said right-of-way line South 77051'27" West, 17.90 feet; thence leaving said North right-of-way line and along the Grantor's West property line North 03°07'48" East, 1,297.54 feet to the SE Corner of the NE1/4 of the NE1/4 of Section 36, Township 18 North, Range 31 West; thence continuing along the Grantor's West property line North 03007'48" East, 1,304.01 feet to the POINT OF BEGINNING (P.O.B.), containing 51,977 square feet, 1.19 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A 30' by 50' temporary construction easement (TCE) across the said parcel as shown on the attached Exhibit "A" Map. A sketch of this grant is attached as 'Exhibit "A"' and is to be considered as part of this Easement Document. It is understood that this sketch is descriptive only of the size, shape, and location of the utility easement and does not constitute a plat or survey of the Grantor(s) property. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. Page 344 of 1140 WATER/SEWER EASEMENT Page 2 It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2023. Elmdale Lake LLC, an Arkansas limited liability company George's Inc., an Arkansas corporation Managing Member By: Carl E. George, Co-C.E.O. ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Carl E. George, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he was the Co -CEO of George's Inc., Managing Member of Elmdale Lake LLC, an Arkansas limited liability company and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 345 of 1140 Basis of Bearings: Arkansas State Plane Coordinate System (North Zone) Scale: 1 "=400' \ S SE, 25-18-31 ection line \ Land line r NW CORNET W1 /2, N W1 ECT10N 3 —18—N, 1 30—W xI I N —NE I 136 18-31 �I III and d PR-31-W J SE —NE 36-18-31 UTILITY EASEMENT MAP TRACT MAP NO. 59 EXHIBIT "A" S86' 59' 34"E - 20.00' SW CORNER SE1 /4, NE1 /4 SECTION 36 T-18-NS77' 51' , R-31-W NE -SE, 36-18-31 36 I w 00 t 0 CD _N1 rn 23 N � I N 3 00 SE CORNER NE1/4, NE1/4 SECTION 36 CID T-1 8-N,r� �N R-3131-W N�M I It w� 00 o fi - 17.90' GIBBSVST FFPE - TCE - SW -SW, 30-18-30 Section 51,977 SQ. FT. (1.19 AC.) 1,532 SQ. FT. (0.035 AC.) W1 /2- N W1 /4 31-18-30 TRACT S 815-33682-900 2021-28133 ELMDALE LAKE LLC. W1 /2— N W1 /4 20' PE 31-18-30 L E G E N D 1' 06' 26"W - 2.74' 50' TCE EXIST. 15' U.E. ( 1243-284 ) TONTITOWN & SPRINGDALE Land line W1/2-SW1/4, 31-1 line NE CORNER W1 /2, N W1 /4 SECTION 31 T-18-N, R-30-W SE CORNER W1 /2, N W1 /4 SECTION 31 T-18-N, R-30-W 0 Permanent Easement 0 Temporary Construction Easement Property Line • Corner of Permanent Easement Street Right -of -Way Existing Utility Easement Line 815-33682-900 — Tax Parcel Number PE — Permanent Easement 2021-28133 — Deed Record TCE — Temporary Construction Easement Property Owner : ELMDALE LAKE LLC. CITYOF Drawn by : McClelland Consulting Engineers Project Name FAYIs'TTEVILLE Date: Nov. 2022 Scale : 1" = 400' West Transmission Project No. 112184 Tract No. 59 Main Route Page 346 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 8632 & 8674 W. Gibbs Road, Springdale, AR Client: McClelland Consulting Engineers Fee Owner: Elmdale Lake, LLC Mailing Address: 402 W. Robinson Avenue, Springdale, AR 72764 Area Of The Whole: 90.49f ACS Area Of Remainder: 90.49f ACS Permanent Easement 1.19f ACS Area Of Acquisition: N/A Temporary Construction Easement: 0.035f AC HIGHEST AND BEST USE: Whole Property Residential Development/Subdivision Remainder Property Residential Development/Subdivision ACQUISITION COMPENSATION: Before Land: 90.491 ACS $ 3,947,250 Improvements: Not Applicable $ Total: $ 3,947,250 After Land: 90.49f ACS $ 3,907,850 Improvements: Not Applicable $ 0 Total $ 3,907,850 FAIR MARKET VALUE OF ACQUISITION $ 39,400 Plus: TCE $ 150 Total Compensation as of. December 6, 2022 $ 39,550 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 1.19f Acres (Rounded) $ 36,400 Temporary Construction Easement: 0.035f AC @ Rental Value $ 150 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: Preliminary Plat Plans $ 3,000 Total Compensation: $ 39,550 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. 8TAiE ' CMFIED - 6ENEM " CQSM2 '�"'A�!nf'Bi►wi�°.` Katie Reed Hampton, CG3642 Reed & Associates, Inc. 7 Page 347 of 1140 %F CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Elmdale Lake, LLC c/o Carl George George's Inc. 402 W Robinson Ave Springdale, AR 72764 RE West Transmission Main Line Parcel No. 815-33682-900 (Gibbs Road) Tract 59 Offer to purchase easement Dear Mr. George: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $77,660.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. I will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions and I can request easement staking or bring a team from our contracted engineering firm to help answer additional questions you may have. Please contact me at (479) 444-3414 (hjones(c?fayetteville-ar.gov) or Brandi Samuels (479) 444-3421(bsamuels(@favetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(Vayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderafayetteville-ar.gov. Wit ind st regards, Ti ander Utilities Director TN/hj ENC Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 348 of 1140 Phillip D. Hays Tract No. 60 Page 349 of 1140 West Transmission Main Parcel No. 750-00608-000 & 750-00769-000 & 815-33679-600 Tract No. 60 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Phillip D. Hays, a single person, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Quitclaim Deed: 2012-6776 A part of the Southwest Quarter (SW1/4) of Section Thirty (30), Township Eighteen (18) North, Range Thirty (30) West, a Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty-one (31), Township Eighteen (18) North, Range Thirty (30) West, a part of the Northeast (NE1/4) Quarter of the Northeast Quarter (NE1/4) of Section Thirty-six (36), Township Eighteen North Range Thirty -One (31) West, and a part of the Southeast Quarter of the Section Twenty-five (25), Township Eighteen (18) North, Range Thirty-one (31) West, described as beginning at the Southwest corner of said Section Thirty (30), Township Eighteen (18) North, Range Thirty (30) West, thence North 87014'34" West 610.63 feet along the fence to an existing iron pin; thence North 01 °32'47" East 201.48 feet; thence North 25°05'55" East 174.24 feet; thence North 17°44'55" East 180.84 feet; thence North 26°46'55" East 124.08 feet; thence North 83°27'48" West 42.55 feet; thence North 08022'51" East 287.61 feet; thence North 15017'48" West 315.22 feet; thence South 89°36'33" East 104.12 feet; thence North 36°32'59" West 215.09 feet; thence North 18'20'17" West 273.25 feet; thence North 00'18'36" East 311.20 feet to the centerline of the County Road thence along said centerline North 83007'29" East 140.85 feet; North 80034'39" East 405.73 feet; South 67052'14" East 411.51 feet; thence leaving said centerline South 9°58'16" West 707.50 feet; thence South 1°03'54" West 120.0 feet; thence South 80°37'06" East 662.71 feet; thence South 1 o03'54"West 1022.47 feet to the fence line; thence along said fence line, North 89013'05" West 820.16 feet, per Owner's Agreement, to the point of beginning, containing 50.0 acres, more or less, Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), and part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range 31 West, and part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), and part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 18 North, Range 30 West, and part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W 23.89 feet to the Grantor's south line, and to the Point of Beginning (POB ESMT); thence leaving said east line, N 85°03'27" W 476.67 feet along the Grantor's south line; thence leaving said south line, N 00°00'00" E 264.66 feet; thence N 22°06'26" E 732.29 feet; thence N 20°26'25" W 357.50 feet; thence N 40o44'14" E 609.16 feet; thence N 46°44'07" E 191.89 feet; thence N 24°57'02" E 55.38 feet to the south Right -of -Way (ROW) of Lake Road; thence along said south ROW, S 65002'58" E 50.00 feet; thence leaving said south ROW, S 24°57'02" W 65.00 feet; thence S 46°44'07" W 198.90 feet; thence S 40o44'14" W 576.98 feet; thence S 20o26'25" E 347.41 feet; thence S 22°06'26" W 741.99 feet; thence S 00°00'00" E 209.03 feet; thence S 85°03'27" E 449.23 feet; thence S 03007'48" W 49.35 feet; thence N 86°59'34" W 20.00 feet; to the Point of Beginning (POB ESMT), containing 132,396 sq. ft., or 3.04 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. Page 350 of 1140 WATER/SEWER EASEMENT Page 2 The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Phillip D. Hays ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Phillip D. Hays, a single person, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 351 of 1140 West Transmission Main Parcel No. 750-00608-000 & 750-00769-000 & 815-33679-600 Tract No. 60 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Phillip D. Hays, a single person, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of West Transmission Main to -wit: PROPERTY DESCRIPTION: Quitclaim Deed: 2012-6776 A part of the Southwest Quarter (SW1/4) of Section Thirty (30), Township Eighteen (18) North, Range Thirty (30) West, a Part of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty-one (31), Township Eighteen (18) North, Range Thirty (30) West, a part of the Northeast (NE1/4) Quarter of the Northeast Quarter (NE1/4) of Section Thirty-six (36), Township Eighteen North Range Thirty -One (31) West, and a part of the Southeast Quarter of the Section Twenty-five (25), Township Eighteen (18) North, Range Thirty-one (31) West, described as beginning at the Southwest corner of said Section Thirty (30), Township Eighteen (18) North, Range Thirty (30) West, thence North 87°14'34" West 610.63 feet along the fence to an existing iron pin; thence North 01 °32'47" East 201.48 feet; thence North 25°05'55" East 174.24 feet; thence North 17°44'55" East 180.84 feet; thence North 26046'55" East 124.08 feet; thence North 83027'48" West 42.55 feet; thence North 08022'51" East 287.61 feet; thence North 15°17'48" West 315.22 feet; thence South 89°36'33" East 104.12 feet; thence North 36°32'59" West 215.09 feet; thence North 18°20'17" West 273.25 feet; thence North 00'18'36" East 311.20 feet to the centerline of the County Road thence along said centerline North 83007'29" East 140.85 feet; North 80034'39" East 405.73 feet; South 67°52'14" East 411.51 feet; thence leaving said centerline South 9°58'16" West 707.50 feet; thence South 1 °03'54" West 120.0 feet; thence South 80o37'06" East 662.71 feet; thence South 1 °03'54"West 1022.47 feet to the fence line; thence along said fence line, North 89013'05" West 820.16 feet, per Owner's Agreement, to the point of beginning, containing 50.0 acres, more or less, Washington County, Arkansas. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT A Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range 31 West, and part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 18 North, Range 30 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W 23.89 feet to the Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's south line to the Point of Beginning (POB TCE A); thence leaving said south line, N 03007'48" E 49.35 feet; thence N 85°03'27" W 75.41 feet; thence N 03°00'26" E 68.10 feet; thence S 86°59'34" E 150.00 feet; thence S 03°00'26" W 120.00 feet to the south line of the SW 1/4 of the SW 1/4 of said Section 30; thence along said south line, N 86059'34" W 74.74 feet; to the Point of Beginning (POB TCE A), containing 14,188 sq. ft., or 0.33 acres. TEMPORARY CONSTRUCTION EASEMENT B Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range 31 West, and part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West, all in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02°55'50" W 23.89 feet to the Grantor's south line: thence leaving said east line, N 85°03'27" W 476.67 feet along the Grantor's south line to the Point of Beginning (POB TCE B); thence continuing along said south line, N 85°03'27" W 50.19 feet; thence leaving said south line, N 00°00'00" E 260.34 feet; thence N 90000'00" E 50.00 feet; thence S 00000'00" E 264.66 feet; to the Point of Beginning (POB TCE B), containing 13,125 sq. ft., or 0.3 acres. TEMPORARY CONSTRUCTION EASEMENT C Part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 25, Township 18 North, Range 31 West, in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02055'50" W 23.89 feet to the Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's south line; thence leaving said south line, N 03oO7'48" E 49.35 feet; thence N 85°03'27" W 449.23 feet; thence N 00°00'00" W 209.03 Page 352 of 1140 TCE Page 2 feet; thence N 22006'26" E 741.99 feet to the Point of Beginning (POB TCE C); thence N 20026'25" W 347.41 feet; thence N 40o44'14" E 57.07 feet; thence S 20°26'25" E 374.92 feet; thence S 69°33'35" W 50.00 feet; to the Point of Beginning (POB TCE C), containing 18,058 sq. ft., or 0.41 acres. TEMPORARY CONSTRUCTION EASEMENT D Part of the Northwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 30, Township 18 North, Range 30 West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 36, Township 18 North, Range 31 West; thence along the East line of said NE 1/4 of the NE 1/4, S 02o55'50" W 23.89 feet to the Grantor's south line; thence leaving said east line, S 86°59'34" E 20.00 feet along the Grantor's south line; thence leaving said south line, N 03oO7'48" E 49.35 feet; thence N 85°03'27" W 449.23 feet; thence N 00°00'00" W 209.03 feet; thence N 22°06'26" E 741.99; thence N 20o26'25" W 347.41 feet; thence N 40'44'14" E 576.98 feet; thence N 46044'07" E 107.36 feet to the Point of Beginning (POB TCE D); thence N 46°44'07" E 91.54 feet; thence N 24°57'02" E 65.00 feet to the south Right -of -Way (ROW) of Lake Road; thence along said south ROW, S 65°02'58" E 107.62 feet; thence leaving said south ROW, S 12'11'36" W 153.80 feet; thence N 65°02'58" W 175.56 feet; to the Point of Beginning (POB), containing 20,134 sq. ft., or 0.46 acres. Togetherwith the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Phillip D. Hays ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared Phillip D. Hays, a single person, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 353 of 1140 o \ ° 0 100 20 O SCALE 1" = 200' \ 57.07' 2\ rtNN HAYS, PHILLIP D PN. 750-00769-000 6 �\� .. DEED 2018-06922 \ 6, m I \ - - `�? TCE 60C S'\\ \ \ 18058 SQ. FT. 0.41 AC. O � \ SWl/4, SWY4 >\ \ / \ S69° 33' 35"W-50.00' SECTION 30T18N-R30W /\ POB TCE C I SE1/4r SE1/4 �/\\ ESMT 60 SECTION 25 \ 132396 SQ. FT. T18N-R31W \ 3.04 AC. v46, HAYS, PHILLIP D o 'I PN.750-00608-000 ° \ o DEED 2018-06922 Pv N900 00'00"E-50.00' \ F_p \ O J W w .Lu \ p o p \ O O TCE 60A 0 TCE 606 o p \ o S860 59' 34'E-150.00' 14188 SQ. FT. 13125 SQ. FT. °o o \ o N030 00'26"E-68.10' I 0.33 AC. 0.30 AC. z O \ \ -_ z 7s.4r \ \ \ \ 'S85° 03' 27"E-449.23' ��—S030 00' 26"W-120.00' N850 03' 27"W-50.19' N850 03' 27"W-476 67' ~ S030 07' 48"W-49.35' NE%4r NE%4 POB TCE B ---------- — SECTION 36 HAYS, PHILLIP D NE CORNER I N860 59' 34"W-74.74' POB TCE A \ T18N-R31W PN. 815-33679-600 NE%4, NE%4 N86° 59' 34"W-20.00' DEED 2012-06776 SECTION 36 — T18N-R31W I S020 55' 50"w-23.89' POB ESMT LEGEND 750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2018-06922 DEED RECORD iPROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE J PROPOSED TEMP. CONST. EASEMENT C,E- -_ BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw MANAGER ERAWJMT N McCLELLAND GATE: REVISION: WEST TRANSMISSION MAIN Hiff CONSULTING SSE: 2023 z EXHIBIT "A" FAYETTEVILLE� AR —ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 60 1580 E. STEARNS ST. HAYS, PHILLIP D FAYETTEVILLE, AR 72703 EX i 1 (479) 443-2377 HT P://WWW.MCE.US.COM Page 354 of 1140 1 S E1/4, S El/4 SECTION 25 T18N-R31W N240 57' 02"E-55.38'---- OA 0 o NEY4, SEY4 SECTION 25 T18N-R31W 1" = 200' '-cS650 02' 58"E-50.00'I S240 57' 02"W-65.00' tS65° 02' 58"E-107.62' �G�y.�b............ TCE60D 20134 SQ. FT. 0.46AC. DNS S120 11' 36"W-153.80' �NW 02' 58"W-175.56' POB TCE D 1 NW%4, SW%4 SECTION 30 T18N-R30W 2\\ \ N Ra HAYS, PHILLIP D o \� o ::\O° PN. 750-00769-000 DEED 2018-06922 TCE 60C �S\ \ 18058 SQ. Fr. Q � �� 0.41 AC. \ S690 33' 35"W-50.00' \ POB TCE C I �\ ESMT 60 \ 132396 SQ. FT. �\ 3.04 AC. 'V ,/ \ o> LEGEND SW1/4, SWX SECTION 30 T18N-R30W 750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2018-06922 DEED RECORD ►�������� PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) t�:AS JMT MCCLELLAND E REVISION: WEST TRANSMISSION MAIN CONSULTING 2 EXHIBIT "A"FAYETTEVILLE AR ENGINEERS, INC.PROD. NUMBER: M/� PTRACT 60 ' 1580 E. STEARNS ST. 11-2184 /'1 HAYS, PHILLIP DFAYETTEVILLE, AR 72703 F u _ (479) 443-2377 aae 2\\ \ N Ra HAYS, PHILLIP D o \� o ::\O° PN. 750-00769-000 DEED 2018-06922 TCE 60C �S\ \ 18058 SQ. Fr. Q � �� 0.41 AC. \ S690 33' 35"W-50.00' \ POB TCE C I �\ ESMT 60 \ 132396 SQ. FT. �\ 3.04 AC. 'V ,/ \ o> LEGEND SW1/4, SWX SECTION 30 T18N-R30W 750-00769-000 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2018-06922 DEED RECORD ►�������� PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) t�:AS JMT MCCLELLAND E REVISION: WEST TRANSMISSION MAIN CONSULTING 2 EXHIBIT "A"FAYETTEVILLE AR ENGINEERS, INC.PROD. NUMBER: M/� PTRACT 60 ' 1580 E. STEARNS ST. 11-2184 /'1 HAYS, PHILLIP DFAYETTEVILLE, AR 72703 F u _ (479) 443-2377 aae SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 547 E. Lake Road, Springdale, AR 72762 (Elm Springs City Limits) Client: McClelland Consulting Engineers Fee Owner: Phillip D. Hays Mailing Address: 547 E. Lake Road, Springdale, AR 72762 Area Of The Whole: 49.25f ACS Permanent Easement 3.04f ACS Area Of Remainder: 49.25f ACS Temporary Construction TCE A — 14,188f SF or 0.33f AC Easements TCE B — 13,125± SF or 0.30f AC TCE C — 18,0581 SF or 0.41f AC TCE D — 20,134f SF or 0.46f AC Total — 65,505f SF or 1.50f ACS Area Of Acquisition: NA HIGHEST AND BEST USE: Whole Property Mixed -Use Development Remainder Property Mixed -Use Development ACQUISITION COMPENSATION: Before Land: 49.25f ACS $ 2,216,250 Improvements: Not Appraised $ Total: $ 2,216,250 After Land: 49.25f ACS $ 2,085,050 Improvements: Not Appraised $ Total $ 2,085,050 Subtotal 131,200 Plus: TCE's $ 6,350 Total Compensation as of: September 18, 2023 $ 137,550 ALLOCATION OF COMPENSATION Land: N/A $ 0 Permanent Easement: 3.04f ACS $ 131,200 Temporary Construction Easements: 1.50f ACS @ Rental Value $ 6,350 Improvements: Not Applicable $ Damages: Not Applicable $ Cost to Cure Items: Not Applicable $ Total Compensation: $ 137,550 ` STATE ~a _ CERTIFIED y Katie Reed Hampton, CG3642 = ' GENEIM •� REED & ASSOCIATES, INC. Date of Report: September 20, 2023 Page 356 of 1140 ►i CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Phillip D Hays 547 E Lake Rd Springdale, AR 72762 RE West Transmission Main Line Parcel No. 750-00769-000, 750-00608-000 815-33679-600 Tract 60 Offer to purchase easement Dear Dr. Hays, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $137,550.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. (Summary sheet included) The water/sewer easement document we enclosed should be executed by all parties with current ownership interest in the particular property The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written A W-9 is provided for this purpose. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (�joiies(aD-fayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuelsa_fayetteville-ar goy) For questions or concerns, please contact Corey Granderson, Utilities Engineer at cqranderson(aDfayetteville-ar gov or Tim Nyander. Utilities Director at tnyander(afayetteville-ar gov 4Wvvi,thnnd t regards, ander Utilities Director TN/hj Eric Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 357 of 1140 Cynthia Donohew, Danny George Hurlbut, Melissa Pruitt &Jeffrey Hurlbut Tract No. 62 Page 358 of 1140 West Transmission Main Parcel No. 750-00584-000 Tract No. 62 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, Cynthia Donohew, Danny George Hurlbut, Melissa Pruitt & Jeffrey Hurlbut, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2018-18981 Tract F A part of the Fractional West Half (Frl. W1/2) of the Northwest Quarter (NW1/4) of Section Thirty (30), Township Eighteen (18) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the Southwest corner of said Fractional West Half (Frl. W1/2) of the Northwest Quarter (NW1/4), said point being a set'/2" iron rebar; thence N00001'15"W 18.66 feet to a set'/2" iron rebar in an existing East-West fence line for the true point of beginning; thence S89°21'37"E 428.29 along and in line with an existing fence line to a set'/2" iron rebar in an existing fence line which runs in a Northeast -Southwest direction; thence N19°04'20"E 29.83 feet along said fence to an existing fence corner post; thence S89°13'24"E 56.88 feet along said fence to a set '/2" iron rebar; thence N00°10'09"W 535.27 feet to a'/2" iron rebar, thence N89°34'00"W 494.95 feet to a set'h" iron rebar; thence S00°10'15"E 556.98 feet to an existing stone/iron at the Southeast corner of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section Twenty-five (25), Township Eighteen (18) North, Range Thirty-one (31) West of the 51h Principal Meridian; thence S0001015"E 4.65 feet to the point of beginning, containing 6.36 acres, more or less, Elm Springs, Washington County, Arkansas, the above described 6.36 acre tract being subject to any easement and/or rights of way whether or not of record. PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 18 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the SW 1/4 of the NW 1/4 of said Section 30; thence along the South line of said SW 1/4 of the NW '/4 South 86°30'21" East, 384.53 feet to the POINT OF BEGINNING (P.O.B.); thence leaving said South line North 24011'52" East, 181.47 feet; thence North 02055'10" East, 364.44 feet; thence along the Grantor's North property line South 86041'02" East, 50.00 feet; thence along the Grantor's East property line South 02'55'10" West, 373.49 feet; thence leaving the Grantor's East property line South 24'11'52" West, 171.97 feet; thence along the Grantor's South property line North 86030'21" West, 53.45 feet to the POINT OF BEGINNING (P.O.B.), containing 27,284 square feet, 0.63 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 359 of 1140 WATER/SEWER EASEMENT Page 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Cynthia Donohew Danny George Hurlbut Melissa Pruitt Hurlbut STATE OF ARKANSAS COUNTY OF day of 2023. [Spouse of Cynthia Donohew, if any] [Spouse of Danny George Hurlbut, if any] [Spouse of Melissa Pruitt, if any] [Spouse of Jeffrey Hurlbut, if any] ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Cynthia Donohew and her spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: STATE OF ARKANSAS COUNTY OF 12023. Notary Public ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Danny Gene Hurlbut and , his spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public 2023. Page 360 of 1140 WATER/SEWER EASEMENT Page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Melissa Pruitt and her spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Jeffrey Hurlbut and , his spouse, if any, to me well known as the person/s who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 361 of 1140 Basis of Bearings: Arkansas State Plane Coordinate System (North Zone) SCALE: 1 " = 100' UTILITY EASEMENT MAP TRACT MAP NO. 62 PE - 27,284 SQ. FT. (0.63 AC.) EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.) VARIABLE PE \ a w d GL S86'41'02"E `� �- 50.00' W 50' PE N 2'55'10"E 4.44' SE -NE o SW -NW '=�==� S2'S5'10"W 25-18-31 M j' 30-18-30 �; =; =; 373.49' a a TRACT,,:'=-'- 750-00584-000 2018-18981 CYNTHIA BUSSE, DANNY GEORGE HURLBUT, MEL ISSA PRUITT, AND JEFFRY HURLBUT SW CORNER SW1 /4, N W1 /4 SECTION 30 T-18-N, R-30-W Land line N NE CORNER NE -SE NE1 /4, SE1 /4 25-18-31 SECTION 25 T-18-N, N R-31-W N24'11'52"E ;-;;' S24'11'52"W 181.47' v4'; �171.97' 50' PE SE CORNER 0� SW1/4, NW1/4 SECTION 30 T-18-N, Q Q� R-30-W S 86 30'21" E - 384.53' Land line NW -SW 30-18-30 POB Q� 50' PE Q� L E G E N D 0 Permanent Easement Property Line Street Right -of -Way 62.41' 457.69' Land line N 86'30'21" W - 520.10' N86'30'21 "W 53.45' 0 Temporary Construction Easement • Corner of Permanent Easement Existing Utility Easement Line 750-00584-000 — Tax Parcel Number PE — Permanent Easement 2018-18981 — Deed Record TCE — Temporary Construction Easement Property Owner :BUSSE, PRUITT, AND HURLBUT CITYOF Drawn by : McClelland Consulting Engineers Project Name FAYIs'TTEVILLE Date' DEC 2022 Scale : 1" = 100' West Transmission Project No. 112184 Tract No. 62 Main Route Page 362 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: North of and adjacent to 544 East Lake Road, Elm Springs, Arkansas; Washington County Client: McClelland Consulting Engineers Fee Owner: Cynthia Busse, Danny George Hurlbut, Melissa Pruitt & Jeffrey Hurlbut Mailing Address: P.O. Box 144, Elm Springs, AR 72728 Area Of The Whole: 6.36f ACS Area Of Remainder: 6.36f ACS Permanent Easement 0.63f AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Residential Development Remainder Property Residential Development ACQUISITION COMPENSATION: Before Land: 6.36f ACS $ 290,900 Improvements: Not Applicable $ 0 Total: $ 286,350 After Land: 6.36f ACS $ 265,150 Improvements: Not Applicable $ Total $ 265,150 FAIR MARKET VALUE OF ACQUISITION $ 25,750 Total Compensation as of. March 14, 2023 $ 25,750 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.63f Acre (Rounded) $ 25,750 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 25,750 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. ��F�� TE Katie Reed Hampton, CG3642 s"FIE ENEM REED & ASSOCIATES, INC. =; •.• ceas•ts ..' Al �7 Blake Hopper, RA4720 REED & ASSOCIATES, INC. Shannon Reed Mueller, CG2302 REED & ASSOCIATES, INC. •" d 'RE61S%R� . o wPPitEN��E Rp41Z 7 Page 363 of 1140 ►I CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Cynthia Donohew, Danny G. Hurlbut Melissa Pruitt & Jeffrey Hurlbut 203 School Avenue Springdale, AR 72762 RE: West Transmission Main Line Parcel No. 750-00584-000 Tract 62 6 acres Offer to purchase easement Dear Ladies and Gentlemen: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $43,000.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(@_fayetteville-ar.gov) or Brand! Samuels (479) 444-3421 (bsamuels(cufayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrand ersonLWayetteviIle-ar.gov or Tim Nyander, Utilities Director at tnyander a�fayetteville-ar.go i. With kindest regards, Tim yander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 364 of 1140 Kent Bird Detmer Tract No. 64 Page 365 of 1140 West Transmission Main Parcel No. 750-00579-000 Tract No. 64 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Kent Bird Detmer, a single person, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 2011-14181) The fractional NW'/4 of the fractional NW'/ of Section 30 in Township 18 North of Range 30 West, and a part of the NE'/4 of the NE'/4 of Section 25 in Township 18 North of Range 31 West, described as beginning at the Northeast corner of said fractional NW'/ of the fractional NW'/4 of said Section 30, and running thence South along the East quarter section line to the center of the Elm Springs — Springdale Road; thence West with the center of said Road 753 feet; thence North 87007' West with the center of said Road 210.2 feet; thence North to and continuing along the East line of a lane or road running from the Elm Springs — Springdale Road North to the Howard Grigg Lands, a distance of 698.5 feet, more or less to a point due West of the Southwest corner of Lot 1 in Block 1, Peter Gharst Addition to the Town of Elm Springs, Arkansas; thence East to and continuing along the South line of Lots 1, 2 and 3 in Block 1 of said Addition to the center of the abandoned right of way of the Kansas City & Memphis Railway Company; thence Northeasterly with the center of said right of way to a point which is 12 feet due South of the North line of said fractional quarter section; thence in a direct line Easterly to a point where the East line of said right of way intersects the North line of said fractional quarter section; thence East to the point of beginning, subject to an easement along the Southerly part thereof for the Elm Springs — Springdale Road. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 18 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of the NW 1/4 of the NW 1/4 of said Section 30; thence along the North line of said NW 1/4 of the NW '/4 North 87050'26" West, 402.39 feet to the POINT OF BEGINNING (P.O.B.); thence leaving said North line and along the West line of Camelot Subdivision, as shown in Plat Book 23, Page 00183 of the Washington County records South 02046'29" West, 1287.84 feet to the North right-of-way line of Elm Springs Road (60' R/W); thence leaving the West line of Camelot Subdivision and along the North line of Elm Springs Road North 88°09'05" West, 50.01 feet; thence leaving said North right-of-way line of Elm Springs Road North 02046'29" East, 1288.11 feet to the North line of said NW 1/4 of the NW 1/4; thence along said North line South 87050'26" East, 50.00 feet to the POINT OF BEGINNING (P.O.B.), containing 64,398 square feet, 1.48 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said easement. Driveways and parking lots will not be considered permanent structures. The Grantee shall have the right to construct pipe lines and/or make repairs to lines within the above described easement at any time in the future and agrees to pay for or repair any damages as a result of such future construction and/or repairs as set out in this easement. Page 366 of 1140 Water/Sewer Easement Page 2 It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Kent Bird Detmer STATE OF ARKANSAS COUNTY OF day of 2023. [spouse] ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Kent Bird Detmer and spouse, if any to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that he/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 367 of 1140 UTILITY EASEMENT MAP TRACT MAP NO. 64 PE - 64,398 SQ. FT. (1.48 AC.) Scale: 1 "=250' EXHIBIT "A" TCE - 0 SQ. FT. (0 AC.) / \ \79, LOT 41 NE CORNERSW-\ �F 19 N18S30 NW1/4, NW1/4 / 70 c!F q�l SE -SW 30-18-30 I a LOT 40 19-18-30 S87 50 26 E / N 87°50'26" W - 402.39' 50' PE 50.00' lS N zs" U.E. SECTION 19 BENTON COUNTY POB LJ10 u.E. a�v SECTION 30 WASHINGTON COUNTY w w a_ = NE CORNER '0 LOT 61 LOT 63 w N W1 /4, N W1 /4 o F SECTION 30 PETER HARST T-18-N, SUBDI ISION a 10' U.E. R-3o-w ^0 N Y�= II II LOT 62 I I I I LOT 64 NE -NW w I 30-18-30 o_ 50' PE 10' U.E. / TRACT L0T fib /// DET./ LOT 67 64 LJ a 750-00579-000 Li I IC. 2011-14181 I i' NW —NW / LOT 66 KENT BIRD DETMER a a 30-18-30 / N N2'46'29"E CAMELOT SUBDIVISION 1288.11 wa P.B. 23-183 (WASHINGTON CO.) S2'46'29"W DOCUMENT NO. 2005-1194 (BENTON CO.) 750-00579-000 1287.84' KENT BIRD DETMER 0' U.E. 2011-14181 I LOT 67 50' PE q SW CORNER NW1/4, NW1/4 SE CORNER SECTION 30 Ld NW1/4, NW1/4 Basis of Bearings: T-18-N, N8810910v1W a_ 64 SECTION 30 Arkansas State Plane R-30-W 50°01' 4 T-18-N, Coordinate System �,m —. R-30-W (North Zone) n7T' ' u.E. so Land line LM SPRING ROAD (60' R/W) Land line AWG 10' U.E. (888-720) SE -NW 10 U ( 867 73 )) SW -NW w SPRINGDALE 30-18-30 30-18-30 a N 50' PE —� L E G E N D 0 Permanent Easement 0 Temporary Construction Easement Property Line • Corner of Permanent Easement Street Right -of -Way Existing Utility Easement Line 750-00579-000 — Tax Parcel Number PE — Permanent Easement 2011-14181 — Deed Record TCE — Temporary Construction Easement Property Owner : KENT BIRD DETMER CITYOF Drawn by : McClelland Consulting Engineers Project Name FAYIs'TTEVILLE Date' DEC 2022 Scale : 1" = 250' West Transmission Project No. 112184 Tract No. 64 Main Route Page 368 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 618 Elm Springs Road Client: McClelland Consulting Engineers Fee Owner: Kent Bird Detmer Mailing Address: 1713 W. Huntsville Avenue, Springdale, AR 72762 Area Of The Whole: 11.851 ACS Permanent Easement 1.48± ACS Area Of Remainder: 11.85f ACS Temporary Construction Easement NA Area Of Acquisition: NA HIGHEST AND BEST USE: Whole Property Interim Residential/Agricultural until demand dictates development of the site Remainder Property Interim Residential/Agricultural until demand dictates development of the site ACQUISITION COMPENSATION: Before Land: 11.85f ACS $ 568,800 Improvements: Pole Shed/Barn & 4 Trees $ 14,000 Total: $ 582,800 After Land: 11.85f ACS $ 485,050 Improvements: Not Appraised $ Total $ 485,050 Total Compensation as of: January 23, 2023 $ 97,750 ALLOCATION OF COMPENSATION Land: N/A $ 0 Permanent Easement: 1.48f ACS $ 60,250 Temporary Construction Easement: N/A $ 0 Improvements: Pole Shed/Barn & 4 Trees $ 14,000 Damages: Land $ 23,500 Cost to Cure Items: Not Applicable $ 0 Total Compensation: $ 97,750 q' fa STATECBMSED Katie Reed Hampton, CG3642 _ REED & ASSOCIATES, INC. ��p� ' ''• 4nE. HAMr �,."''• Date of Report: January 30, 2023 IN Page 369 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Kent B. Detmer 1713 W Huntsville Ave Springdale, AR 72762 RE: West Transmission Main Line Parcel No. 750-00579-000 (618 Elm Springs Rd) Tract 64 Offer to purchase easement Dear Mr. Detmer: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $97,750.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. I will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(afavetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuelsL5�favetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson0g favetteville-ar.gov or Tim Nyander, Utilities Director at tn,,ander d favetteville-ar.gov. With kindest regards, */fi4 Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 370 of 1140 Fellowship Bible Church of Northwest Arkansas Tract No. 101 Page 371 of 1140 West Transmission Main Parcel No. 765-15830-004 Tract No. 101 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, Fellowship Bible Church of Northwest Arkansas, an Arkansas non-profit corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Reference 2018-4064) A part of the Northwest Quarter of the Southeast Quarter and a part of the Northeast Quarter of the Southwest Quarter all in Section twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Commence at the Northwest corner of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of said Section 28 being a found magnail in asphalt roadway; thence S87°34'31"E a distance of 631.02 feet to a point; thence S00°23'08"W a distance of 628.16 feet to a found steel fence post; thence S02°10'40"W a distance of 178.19 feet to a found '/2 inch iron pin and the Point of Beginning; thence S87°11'04"E a distance of 1926.85 feet to a found'/2 inch iron pin and the western right of way for U.S. Highway 112 being fifty-five (55) feet west of centerline; thence along said western right of way, S02°43'18"W a distance of 474.95 feet to a set iron pin with cap "PLS 1439"; thence leaving said western right of way, N87°19'58"W a distance of 2582.01 feet to a set iron pin with cap "PLS 1439" and the west boundary of the East Half (E1/2) of the SW'/4, NO2°34'52"E a distance of 318.11 feet to a set iron pin with cap "PLS 1439"; thence leaving said west boundary, S87°13'55"E a distance of 656.51 feet to a set iron pin with cap "PLS 1439"; thence NO2°31'13"E a distance of 162.98 feet to the point of beginning. Said tract or parcel of land containing 25.90 acres (1,138,075 square feet), more or less. Subject to easements, right-of-ways, and protective covenants of record, if any, subject to all prior mineral reservations and oil and gas leases, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the SW Corner of the NE1/4 of the SW1/4 of said Section 28; thence along the west line of said NE1/4 of the SW1/4, N 02037'20" W 94.19 feet to the Point of Beginning (POB); thence continuing along said west line, N 02°37'20" E 51.43 feet; thence leaving said west line, S 87°19'58" E 91.77 feet; thence S 42°10'58" E 72.54 feet to the Grantor's south property line; thence along said south line, N 87°19'58" W 142.89 feet; to the Point of Beginning (POB), containing 6,034 sq. ft., or 0.14 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Page 372 of 1140 WATER/SEWER EASEMENT Page 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS, an Arkansas non-profit corporation By: John Marquette, Secretary ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared John Marquette, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is the Secretary of Fellowship Bible Church of Northwest Arkansas, an Arkansas non-profit corporation, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 373 of 1140 SCALE 1" = 50' NE -SW 28-17-30 — — — — — — — — — —M S870 19' 58"E-91.77' FELLOWSHIP BIBLE CHURCH \ \ \ \ \ \ \ \ OF NORTHWEST ARKANSAS "n \SRC PN. 765-15830-004 \\ 1 o \\\\\ ESMT101\\\�S DEED 2018-4064 M\\\\\\60014AC. \\\\\\\\\\\\\\\S — o-------------- N870 19' 58"W-142.89' --\ — POB \ \ \ \ N020 37' 20"E-94.19' \ \ ` SW CORNER— \ NE%4, SW%4 SECTION 28-------- T17N-R30W LEGEND 765-15830-004 TAX PARCEL NUMBER '� PROPOSED RIGHT-OF-WAY 2018-4064 DEED RECORD r�������� PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE �ZE- _, PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW JMr McCLELLAND DATE: RE111111: WEST TRANSMISSION MAIN CONSULTING 04/03/23 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PROD. NUMBER'. AS NOTED 11-2184 MAP TRACT 101 1580 E. STEARNS ST. FELLOWSHIP BIBLE CHURCH OF NORTHWEST ARKANSAS FAYETTEVILLE, AR 72703 EXi (479) 443-2377 1 HT P://WWW.MCE.US.COM Page 374 of 1140 W41F CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Fellowship Bible Church of NWA c/o John Marquette, Secretary 1051 W Pleasant Grove Road Rogers, AR 72758 RE: West Transmission Main Line Parcel No. 765-15830-004 Tract 101 Offer to purchase easement Dear Mr. Marquette: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $24,140.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones()-fayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels(ai)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(cD-favetteville-ar_gov or Tim Nyander, Utilities Director at tnyander(cD-fayetteville-ar.gov. With kind t regards, Tim Nyan r Utilities Director TN/hj Enc. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 375 of 1140 One Twelve Village, LLC Tract No. 103 Page 376 of 1140 West Transmission Main Parcel No. 765-15830-000 Tract No. 103 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, One Twelve Village, LLC, an Arkansas limited liability company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Reference 2017-7010) A part of the West Half (W 1/2) of the Southeast Quarter (SE1/4), all in Section Twenty -Eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth Principal Meridian, Washington County Arkansas, and being more particularly described as follows; Commencing at the Northwest Corner of the NE 1/4 of the SW 1/4 of said Section 28 being a found cotton picker spindle in asphalt roadway; thence along the west line of said NE 1/4 of the SW 1/4, S02°34'52"W a distance of 1283.11 feet to a found iron pin with cap "PLS 1439"; thence leaving said west line, S87°19'58"E a distance of 1315.10 feet to the POINT OF BEGINNING, said point being a set iron pin with cap "PLS 1156"; thence S87°19'58"E a distance of 1266.91 feet to the westerly right of way line of Highway 112 thence along said westerly right of way line the following eight (8) calls, S02°43'18"W a distance of 978.38 feet to a point; thence S02°02'26"W a distance of 63.14 feet to a point; thence S00011'50"W a distance of 51.97 feet to a point; thence S03°04'07"E a distance of 40.08 feet to a point; thence S07°04'04"E a distance of 55.68 feet to a point; thence S11°50'44"E a distance of 58.74 feet to a point; thence S15°34'53"E a distance of 71.32 feet to a point; thence S18°13'53"E a distance of 15.95 feet to a point; thence leaving said right of way, S02°32'54"W a distance of 26.08 feet to a found 3 inch aluminum cap at the Southeast corner of the SW 1/4 of the SE 1/4 of said Section 28; thence along the south line of said SW 1/4 of the SE 1/4, N87°08'52"W a distance of 1322.12 feet to a found iron pin with cap "PLS 1439", being the South Quarter Corner of said SECTION 28; thence leaving said south line, NO2°32'22"E a distance of 1349.51 feet to the POINT OF BEGINNING. Said tract or parcel of land containing 39.43 acres (1,717,256 square feet), more or less, and being depicted as new tract 1 on that certain property line adjustment survey filed for record February 1, 2017, as land document 2017-00003176, of the records of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4), and part of the southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 28, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the NE Corner of the SW1/4 of the SE1/4 of said Section 28; thence along the north line of said SW1/4 of the SE1/4, N 87°08'54" W 147.25 feet to the Point of Beginning (POB); thence leaving said north line, S 02°31'18" E 43.45 feet; thence N 87°19'58" W 991.32 feet; thence N 42°19'58" W 43.87 feet; thence N 87°19'58" W 157.31 feet to the Grantor's west property line; thence along said west line, N 02032'22" E 50.00 feet; thence leaving said west line, S 87'19'58" E 178.13 feet; thence S 42'19'58" E 43.87 feet; thence S 87'19'58" E 966.07 feet; thence S 02°31'18" E 6.75 feet; to the Point of Beginning (POB), containing 59,514 sq. ft., or 1.37 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. Page 377 of 1140 WATER/SEWER EASEMENT Page 2 It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. ONE TWELVE VILLAGE, LLC, an Arkansas limited liability company By: David R. Evans, Member ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared David R. Evans, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Member of One Twelve Village, LLC, an Arkansas limited liability company, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 378 of 1140 r — — — -- S87° 19' 58"E-178.13' S42° 19' 58"E-43.87' N420 19' 58"W-43.87' N870 19' 58"W-157.31' N020 32' 22"E-50.00' SW -SE 28-17-30 100 200 SCALE 1" NW-SE 28-17-30 I I I I I I I I I I FUTURE WATER MAIN I I EASEMENT BY ) ESMT 103 SEPARATE DOCUMENT / �59514 SQ. FT. 1.37 AC. I I I I I S020 31' 18"E-6.75' S87° 19' 58"E-966.07' \ \ \ \ \ \ \ \ \ \ \ \ \ N870 19' 58"W-991.32'` I ONE TWELVE VILLAGE LLC PN.765-15830-000 DEED 2017-7010 LEGEND S020 31' 18"E-43.45' I I I I I I N87° 08' 54"W-147.25' I 1 NE CORNER SW1/a, SEK SECTION 28 T17N-R30W 1 I I 765-15830-000 TAX PARCEL NUMBER ="./= PROPOSED RIGHT-OF-WAY 2017-7010 DEED RECORD I \I PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE ��E- _ E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) MpNA6ER DATE MTN BY RAWTw REVISION WEST TRANSMISSION MAIN McCLELLAND CONSULTING 04/05/23 SCALE: 1 PRO]. NUMBER'. EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. AS NOTED 1 11-2184 MAP TRACT 103 1580 E. STEARNS ST. 1 EXi ONE TWELVE VILLAGE LLC FAYETTEVILLE, AR 72703 (479)443-2377 HT P://WWW.MCE.US.COM Page 379 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: West side of State Highway 112, south of State Highway 112 Client: McClelland Consulting Engineers Fee Owner: One Twelve Village, LLC Mailing Address: 3768 E. Leawood Way, Fayetteville, AR 72703 Area Of The Whole: 39.43f ACS Permanent Easement 1.37f ACS Area Of Remainder: 39.43± ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Mixed -Use Development Remainder Property Mixed -Use Development ACQUISITION COMPENSATION: Before Land: 39.43f ACS $ 6,870,300 Improvements: Not Applicable $ Total: $ 6,870,300 After Land: 39.43f ACS $ 6,632,250 Improvements: Not Applicable $ Total $ 6,632,250 FAIR MARKET VALUE OF ACQUISITION $ 238,050 Total Compensation as of. July 11, 2023 $ 238,050 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 1.37f Acres (Rounded) $ 238,050 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 238,050 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. STATE Y~a Katie Reed Hampton, CG3642 = } saEwu e REED & ASSOCIATES, INC. It C63M r "',,.HIlk,.W 7 Page 380 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 One Twelve Village, LLC c/o David R. Evans, Member 3768 E Leawood Way Fayetteville, AR 72703 RE: West Transmission Main Line Parcel No. 765-15830-000 Tract 103 N Hwy 112 Offer to purchase easement Dear Mr. Evans, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $238,050.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionestajayetteville-ar gov) or Brandi Samuels (479) 444-3421 (bsamuelstc fayettewlle-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersonL-a� fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(@faVettevtlle-ar.gov. �Z40 Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 381 of 1140 Willow Bend OptionCo, LLC Tract No. 104 Page 382 of 1140 West Transmission Main Parcel No. 765-15830-007 Tract No. 104 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, Willow Bend OptionCo LLC, an Oklahoma limited liability company, of Tulsa Oklahoma, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, grantee on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Special Warranty Deed: 2017-8105 A part of the East Half (E1/2) of the Southwest Quarter (SW1/4) Section Twenty Eight (28), Township Seventeen (17) North, Range Thirty (30) West of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: Commencing at the Northwest corner of the NE1/4 of the SW1/4 of said Section 28 being a found cotton picker spindle in asphalt roadway; thence along the West line of aid NE1/4 of the SW1/4, S02°34'52"W a distance of 1283.11 feet to the point of beginning said point being a found iron pin with cap "PLS 1439"; thence leaving said West line S87019'59"E a distance of 1315.59 feet to a set iron pin with cap "PLS 1156"; thence S02°32'22"W a distance of 668.88 feet to a found iron pin; thence N87°26'22"W a distance of 1315.59 feet to the West line of said E1/2 of the SW1/4 and a found iron pin with cap "PLS 1439"; thence along said West line N02034'52"E a distance of 671.33 feet to the point of beginning. Said tract or parcel of land containing 20.23 acres (881,553 square feet) more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4), and part of the Southeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 28, Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the SW Corner of the NE1/4 of the SW1/4 of said Section 28; thence along the west line of said NE1/4 of the SW1/4, N 02°37'20" W 32.19 feet to the Grantor's north property line; thence leaving said west line, S 87019'58" E 133.99 feet, along said north line, to the Point of Beginning (POB); thence continuing along said north line, S 87°19'58" E 1182.16 feet to the Grantor's east property line; thence along said east line, S 02°32'22" W 50.00 feet; thence leaving said east line, N 87°19'58" W 1132.53 feet; thence N 42°10'58" W 70.53 feet; to the Point of Beginning (POB), containing 57,867 sq. ft., or 1.33 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 383 of 1140 WATER/SEWER EASEMENT Page 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Willow Bend OptionCo LLC, an Oklahoma limited liability company By: George Jackson, III, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared George Jackson, III, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he was the Manager of Willow Bend OptionCo LLC, an Oklahoma limited liability company, of Tulsa Oklahoma, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 384 of 1140 0 100 200 SCALE 1" 200' NE -SW 28-17-30 ESMT 104 S87° 19' 58"E-133.99' 57867 SQ. FT. �POB— 1.33 AC. 77-7-7 N420 10' 58"W-70.53' N870 19' 58"W-1132.53' -- t NO2° 37'20"E-32.19' S02° 32' 22"W-50 SW CORNER NE%4r SWl/4 SECTION 28 WILLOW BEND T17N-R30W OPTIONCO LLC PN.765-15830-007 DEED 2017-8105 WILLOW BEND SE -SW OPTIONCO LLC 28-17-30 PN.765-15830-007 DEED 2017-8105 LEGEND 765-15830-007 TAX PARCEL NUMBER �R� PROPOSED RIGHT-OF-WAY 2017-8105 DEED RECORD r=\i PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE rE _ E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw MANAGER JMT DRAWN McCLELLAND DATE REVISION WEST TRANSMISSION MAIN HIM CONSULTING S4E: z3 1 EXHIBIT "A" FAYETTEVILLE� AR -ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 104 1580 E. STEARNS ST. WILLOW BEND OPTIONCO LLC FAYETTEVILLE, AR 72703 EXi (479) 443-2377 1 HT P://WWW.MCE.US.COM Page 385 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: North side of Truckers Drive, south of State Highway 112 Client: McClelland Consulting Engineers Fee Owner: Willow Bend OptionCo LLC Mailing Address: 9125 S Toledo Avenue, Tulsa, OK Area Of The Whole: 20.23f ACS Permanent Easement 1.33f ACS Area Of Remainder: 20.23f ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Multi -Family Development Remainder Property Multi -Family Development ACQUISITION COMPENSATION: Before Land: 20.23f ACS $ 2,664,650 Improvements: Not Applicable $ Total: $ 2,664,650 After Land: 20.23f ACS $ 2,557,500 Improvements: Not Applicable $ Total $ 2,557,500 FAIR MARKET VALUE OF ACQUISITION $ 107,150 Total Compensation as of. July 11, 2023 $ 107,150 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 1.33f Acres (Rounded) $ 107,150 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 107,150 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. STATE Y~a Katie Reed Hampton, CG3642 = } saEwu e REED & ASSOCIATES, INC. It C63M r "',,.HIlk,.W 7 Page 386 of 1140 ►i CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Willow Bend Optionco, LLC c/o George Jackson, III, Manager 9125 S Toledo Ave Tulsa OK 74137 RE: West Transmission Main Line Parcel No. 765-15830-007 Tract 104 Hwy 112-Salem Offer to purchase easement Dear Mr. Jackson, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $107,150.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjcnes(jY� favetteville-ar.qov) or Brandi Samuels (479) 444-3421 (bsamuels(dyfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cQrandersontZ" fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderLi5�fayetteville-ar.gov. Wit kirjoest regards, Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 387 of 1140 Fayetteville School District No. 1 Tract No. 105 Page 388 of 1140 West Transmission Main Parcel No. 001-14749-000, 765-16658-200 & 765-15837-000 Tract No. 105 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Fayetteville School District No. 1, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: WD 2005-51407 The NE '/4 of the NE '/ of Section 31 (a 40 acre tract) and a part of the E '/2 of the SE '/4 of Section 29 (and 80 acre tract) located in Township 17 North, Range 30 West, of the Fifth Principal Meridian, Fayetteville, Washington County, Arkansas, and more particularly described as beginning at the Southeast corner of said Section 29, said corner being a common corner with the Northeast corner of Section 32 and the point of beginning; thence South 02°30'45" West 1,322.30 feet to the Southeast corner of said 40 acre tract; thence North 87024'40" West 1,323.39 feet to the Southwest corner of said 40 acre tract; thence North 02028'03" East 1,322.11 feet to the Northwest corner of said 40 acre tract; thence North 02°43'32"East 931.46 feet to a point on the West boundary of said 80 acre tract which is 384.25 feet southerly from the Northwest corner of the SE '/4 of the SE '/4 of said Section 29, said point being the Southwest corner of the Craig Brown property described in instrument #99007214-5, thence continuing along the boundary of lands describing in said instrument #99007214-5, North 86°07'57" East 416.66 feet to the southeast corner of said Brown property; thence North 86007'57" East 651.03 feet, thence North 02020'20" East 426.87 feet to the centerline of Washington County Road No. 894; thence along said centerline North 84°39'20" East 268.54 feet to the East boundary of said 80 acre tract; thence South 02o4l'43" West 1,515.26 feet to the point of beginning, containing 73.391 acres, more or less; LESS AND EXCEPT that portion contained in the right of way of County Road #894. ALSO, WD 2005-51408 The South 2.17 acres of the following described tract: WD 2005-51409 The North 3.302 acres of the following described tract: A part of the E '/2 of the SE '/2 of Section 29, located in Township 17 North, Range 30 West of the 5t" Principal Meridian, Fayetteville, Washington County, Arkansas, and described as commencing at the Southeast corner of said Section 29 and thence North 87025'10" West 1324.43 feet to the Southwest corner of said 80 acre tract, and continuing thence North 02°43'32" East 931.46 feet to a point on the west boundary of said 80 acre tract which is 384.25 feet southerly from the Northwest corner of the SE '/4 of the SE '/4 of said Section 29; said point being the Southwest corner of the Craig Brown property described in instrument #99007214-5 and continuing along the southern boundary of lands describing in said instrument #99007214-5 North 86°07'57" East 416.66 to a point at the southeast corner of said Brown property, said point being the point of beginning; thence along the Eastern boundary of said Brown property North 05015'37" East 304.70 to the southerly right of way of Washington County Road No. 894, thence continuing North 05oO5'37" East 35.00 feet to the centerline of said road; thence with said centerline along a curve to the right have a radius of 1197.18 feet, a delta of 16°47'29" and a chord bearing North 83016'36" East 349.6 feet, and an arc length of 350.85 to the P.T. of said curve, and continuing with said road centerline North 72°03'38" East 79.25 to the P.C. of a curve to the right having a radius of 970.67 feet, a delta of 12°56'10", and continuing thence with said curve centerline with a chord bearing North 77011'48" East 218.69 and an arc length of 219.16 feet to the P.T. of said curve, and continuing thence with said road centerline North 84°39'20" East 2.61 feet; thence leaving said road centerline South 02o2O'20" West 426.87 feet; thence South 86°07'57" West 651.03 feet to the point of beginning, containing 5.472 acres, more or less. LESS AND EXCEPT that portion contained in the right of way County Road #894. ALSO, WD: 2006-27490 A part of the West Half (W '/2) of the Southwest Quarter (SW 1/) of Section Twenty-eight (28), Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows: beginning at the Southwest corner of said 80 acre tract, said point being an existing fence corner post; thence North 02 degrees 35 minutes 22 seconds East 1526.42 feet along the West line of said 80 acre tract to a set'/2" iron rebar at an existing fence on the North side of Salem Road and from which a'/z" reference iron set on the South right of way line of said road bears South 02 degrees 35 minutes 22 seconds West 42.76 feet; thence North 84 degrees 22 minutes 05 seconds East 741.78 feet along said fence to a point in the center of Deane Solomon Road and from which a'/2" reference iron set on the West right of way line of Deane Solomon Road bears South 84 degrees 22 minutes 05 seconds West 30.00 feet; thence along the centerline of Deane Solomon Road, the following bearings and distances: South 05 degrees 20 minutes 14 seconds East 13.06 feet, South 04 degrees 47 minutes 31 seconds West 51.68 feet, South 10 degrees 36 minutes 46 seconds West 1392.68 feet, South 10 degrees 25 minutes 39 seconds West 98.81 feet to the beginning of a 100.00 foot radius curve to the right; thence Southwesterly along said curve 111.30 feet, the chord for which being South 42 degrees 18 minutes 42 seconds West 105.64 feet; thence South 74 degrees 11 minutes 45 seconds West 33.86 feet to a set'/z" iron Page 389 of 1140 WATER/SEWER EASEMENT Page 2 rebar on the South line of said 80 acre tract; thence leaving the centerline of said Road, North 87 degrees 16 minutes 51 seconds West 426.46 feet to the point of beginning, containing 22.60 acres, more or less, Washington County, Arkansas. The above described 22.60 acre tract being subject to the right of way of Salem Road along the entire East boundary, and any other easements and/or or rights of way whether or not of record. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 29, and a part of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of Section 28, all in Township 17 North, Range 30 West, Washington County, Arkansas, and being more particularly described as follows: Commencing at the SW Corner of said NW1/4 of the SW1/4; thence N 02°35'33" E, 113.47 feet to the POINT OF BEGINNING (POB); thence S 83°51'58" W 258.55 feet; thence along a non -tangent curve to the left, an arc distance of 66.84 feet, said curve having a radius of 885.67 feet, and a chord bearing and distance of S 81°22'21" W 66.82 feet; thence N 01°37'13" E 51.13 feet to the south Right -of -Way (ROW) of Washington County Road #894; thence along said south ROW, along a non -tangent curve to the right, an arc distance of 59.77 feet, said curve having a radius of 935.67 feet, and a chord bearing and distance of N 81°42'48" E 59.76 feet; thence continuing along said south ROW, N 83°52'20" E 266.36 feet; thence continuing along said south ROW, N 84°18'02" E 712.03 feet to the west ROW of Deane Solomon Road; thence leaving said south ROW, S 04°47'44" W 15.12 feet along said west ROW; thence continuing along said west ROW, S 10°36'25" W 36.61 feet; thence leaving said west ROW, S 84°17'54" W 706.29 feet; to the Point of Beginning (POB), containing 51,780 sq. ft., or 1.19 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Also, a temporary construction easement (TCE) across the said parcel as shown on the attached Exhibit "A" Map. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 390 of 1140 WATER/SEWER EASEMENT Page 3 WITNESS the execution hereof on this the By: ATTEST: [Please print or type Name and Title] day of 12023. Fayetteville School District No. 1 John L. Colbert, Superintendent ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared John L. Colbert and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Superintendent and , respectively, of the Fayetteville School District No. 1, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 391 of 1140 WHITE OAK STREET — R/W I, 0 100 200 HONEY LANE SCALE 1" = 200' I I I I I I I I I NEY4, SEY4 S29-T17N-R30W I I I N WIY4, SWY4 S28-T17N-R30W I S040 47' 44"W-15.12' R=935.67', D=59.77' R/W — CH=N81°42'48"E, CD=59.76'-- R/W N010 37' 13"E-51.13' N840 18' 02"E-712.03' R \ \ \ \ ' 266.36' N83052'20'E- \ \ \ \ \ \ \ \ \_ 584° 17' S4"W-706.29' #$9A \N CO F, S83° 51' 58"W-258.55 POB ESMT 105 ~ - - - NO2o 35' 33"E-113.47' 51780 SQ. FT. 1.19 AC. TCE 105 85' S100 36' 25"W-36.61' 7147 SQ' FT. SW CORNER 0.16 AC. NWY4, SWY4 S28-T17N-R30W FAYETTEVILLE SWY4, SWY4 SCHOOL DISTRICT #1 S28-T17N-R30W I PN.001-16749-000 DEED 2005-51409 R=885.67', D=66.84' CH=S81°22'21"W, CD=66.82' I SEY4, SEY4 FAYETTEVILLE S29-T17N-R30W FAYETTEVILLE SCHOOL DISTRICT #1 3 SCHOOL DISTRICT #1 PN. 765-15837-000 PN.765-16658-200 DEED 2006-27490 DEED 2005-51407 LEGEND AS NOTED TAX PARCEL NUMBER �(R� PROPOSED RIGHT-OF-WAY AS NOTED DEED RECORD r777, 777-,�-] L-------- i PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE TC �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw MpNA6ER o E MT aY REVISION WEST TRANSMISSION MAIN McCLELLAND CONSULTING 11/10/2022 SCALE: 1 PRO]. NUMBER'. EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. AS NOTED I 11-2184 MAP TRACT 105 1580 E. STEARNS ST. E V — i 1 FAYETTEVILLE SCHOOL DISTRICT #1 FAYETTEVILLE, AR 72703 443-2377 HTTP://WWW /WWW.MCE.US.COM Page 392 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: Southwest corner of Salem Road and Deane Solomon Road, Fayetteville, Arkansas Client: McClelland Consulting Engineers Fee Owner: Fayetteville School District No. 1 Mailing Address: 1000 West Bulldog Blvd. Fayetteville, Arkansas 72701 Area Of The Whole: 110.93± ACS Temporary Construction Easement 0.16± AC Area Of Remainder: 110.93f ACS Permanent Easement 1.19f ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Hold for residential or special-purpose use Remainder Property Hold for residential or special-purpose use ACQUISITION COMPENSATION: Before Land: 110.93f ACS Improvements: Not Applicable Total: After Land: 110.93f ACS Improvements: Not Applicable Total FAIR MARKET VALUE OF ACQUISITION Plus: TCE Total Compensation as of. April 20, 2023 ALLOCATION OF COMPENSATION Land: Not Applicable Permanent Easement: 1.19f Acres (Rounded) Temporary Construction Easement: 0.16f Acre (Rounded) Improvements: Not Applicable Damages: Not Applicable Cost to Cure Items: Total Compensation: 5,556,950 $ 5,556,950 5,510,800 $ 5,510,800 $ 46,150 $ 850 $ 47,000 $ 0 $ 46,150 $ 850 $ 0 $ 0 $ 0 $ 47,000 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. Kju� - f. Katie Reed Hampton, CG3642 REED & ASSOCIATES, INC. Blake Hopper, RA4720 REED & ASSOCIATES, INC 0 AP . TIF1 `�\,`tpPPRA1SFrrrrr� t1 fyj,_��. 1i. fP'~a Lea aC�� 3� STATE se. SIN CMFIEC w = DER ERAS' Shannon Reed Mueller, CG2302 5:GEM CBs� M REED & ASSOCIATES, INC. �'• GE�,�,OZ, r �� y'N•hp11nN111\\N0`,`,` NNOl1�d:.�``. GISTERED : p RR,pPREN'�CE .e 04120 >,AAKEN�.,o`` Page 393 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Fayetteville School District #1 PO Box 849 Fayetteville, AR 72702-0849 RE: West Transmission Main Line Parcel No. 001-16749-000 765-15837-000 765-16658-200 Tract 105 2651 N Salem Road Offer to purchase easement Dear Ladies and Gentlemen, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $47,000.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones(a�fayetteville-ar.gov) or Brand! Samuels (479) 444-3421(bsamuels(a)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson("a).favetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderciiifayetteville-ar.gov. 46st r ards, Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 394 of 1140 Charles Andrew Cassat and Dorothy Lynn Cassat Tract No. 107 Page 395 of 1140 West Transmission Main Parcel No. 001-16743-000 Tract No. 107 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Charles Andrew Cassat and Dorothy Lynn Cassat, or their Successors, co -trustees of the Charles Andrew Cassat 2014 Revocable Trust u/t/d June 25, 2014, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 2015-6019) A part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 17 North, Range 30 West and being more particularly described as follows, to -wit: beginning at a point which is S00°48'52"E 376.81 feet from the Northeast corner of said forty acre tract and running thence S00°48'52"E 717.04 feet, thence S81 °27'22"W along County Road right of way 329.59 feet, thence N00005'09"W along County Road right of way 765.94 feet, thence East 314.69 feet to the point of beginning, containing 5.54 acres, more or less. Subject to easements and rights of way of record, if any. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE1/4 of the SE1/4 of said Section 29; thence S 02o23'32" W 376.84 feet to the Grantor's north property line; thence along said north line, N 86°32'14" W 263.97 feet to the Point of Beginning (POB); thence leaving said north line, S 03°07'14" W 516.29 feet; thence S 03°00'23" W 244.58 feet to the Grantor's south line; thence along said south line, S 84°24'46" W 50.57 feet to the Grantor's west line; thence along said west line, N 03000'23" E 252.19 feet; thence continuing along said west line, N 03°07'14" E 516.64 feet to the Grantor's north line; thence along said north line, S 86°32'14" E 50.00 feet; to the Point of Beginning (POB), containing 38,243 sq. ft., or 0.88 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 396 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of Charles Andrew Cassat 2014 Revocable Trust u/t/d June 25, 2014 Charles Andrew Cassat, Co -Trustee STATE OF ARKANSAS COUNTY OF 2023. Dorothy Lynn Cassat, Co -Trustee ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Charles Andrew Cassat and Dorothy Lynn Cassat, or their Successors, co -trustees of the Charles Andrew Cassat 2014 Revocable Trust u/t/d June 25, 2014, and any amendments thereto, to me well known as the person who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 397 of 1140 0 R/W R/W — — — —� R/W �RD NICKED — W R/W R/W _ R/W' AR HWY 112 _ 1 NE CORNER N E1/4, S El/4 N ill,r29-Tl7N-R30W o I Ln S860 32' 14"E-50.00' I POB I I\ \I N86' 32' 14"W-263.97' I / \ \ \ CASSAT,CHARLES \ ANDREW 2014 \ N REVOCABLE TRUST PN.001-16743-000 Ln \ DEED 2005-06019 �w ti O \ o 0 0 \ m N E1/4, S EI/4 z \ u S29-T17N-R30W \ ESMT 107 R/W I \ \ 38243 SQ. FT. WHITE OAK STREET \ \ 0.88 AC. R/W�_ \\_ 00 Ln \ N \ N W \ M \ M N N O \ \ O O O 0 0 M M Z \ LO S840 24' 46"W-50.57' #$9A \N GO LEGEND R/W Rikv 001-16743-000 TAX PARCEL NUMBER 7/=7 PROPOSED RIGHT-OF-WAY 2005-06019 DEED RECORD r777, 777-,�-' L-------- i PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE CT E_, _—_E�j PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) MpNA6ER MTN BY RAWTw WEST TRANSMISSION MAIN McCLELLAND CONSULTING DATE REVISION 05/04/23 12 EXHIBIT "A" MAP FAYETTEVILLE AR TRACT 107 CASSAT, CHARLES ANDREW 2014 REVOCABLE TRUST —ENGINEERS, INC. 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 HTTP://W W W. MCE.-COM SCALE: AS NOTED PRO]. NUMBER'. 11-2184 EX i 1 Page 398 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Charles Andrew Cassat 2014 Revocable Trust 3494 N Pin Oak Street Fayetteville, AR 72704 RE: West Transmission Main Line Parcel No. 001-16743-000 Tract 107 Offer to purchase easement Dear Mr. & Mrs. Cassat: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $87,000.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hiones(cufayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels dfayetteville-ar.Qov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(ji,fayetteville-ar.go or Tim Nyander, Utilities Director at tnyanderia-�fayetteville-ar.gov. Sinc rel Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIle-ar.gov Page 399 of 1140 Benny D. Moore and Carol L. Moore Tract No. 108 Page 400 of 1140 West Transmission Main Parcel No. 001-16708-000 Tract No. 108 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Benny D. Moore and Carol L. Moore, Trustees or their successors in trust under the Benny Moore Revocable Trust, dated June 5, 2012, and any amendments thereto and Carol L. Moore and Benny D. Moore, Trustees or their successors in trust under the Carol Moore Revocable Trust, dated June 5, 2012, and any amendments thereto, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 2012-16969-second description only) The South half of the Northwest quarter of the Northeast quarter and the Southeast quarter of the northeast quarter of the Northwest quarter, and all that part of the Northeast quarter of the Northeast Quarter, lying and being West of the public road, running thence through said forty acre tract, except two and one-half acres there, deeded by W.N. Kirk to A.M. Brizendine as described in deed recorded in Book 205, at page 497, all in Section Twenty-nine (29), Township Seventeen (17) North, Range Thirty (30) West, containing in all fifty (50) acres, more or less. ALSO, part of the Northeast quarter of the Northeast quarter (NE'/) of Section Twenty-nine (29) in Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 532.20 feet South and 725.6 feet West of the Northeast corner of said 40 acre tract, said point being on the Westerly Right of Way of State Highway No. 112, thence South 26 degrees 36 minutes East along said right of way of 177.6 feet, thence South 63 degrees 24 minutes West 170.0 feet, thence North 26 degrees 36 minutes west 177.6 feet; thence North 63 degrees 24 minutes East 170.0 feet to the point of beginning, containing 0.70 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 29, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of said NE1/4 of the NW1/4; thence along the south line of said NE1/4, N 87°16'53" W, 548.80 feet to the Point of Beginning (POB); thence continuing along said south line, N 87°16'53" W 50.74 feet; thence leaving said south line, N 04°08'34" W 107.73 feet; thence N 03°28'57" E 195.26 feet; thence N 85°52'54" W 51.94 feet to the Grantor's west property line; thence along said west line, N 02°32'18" E 50.02 feet; thence leaving said west line, S 85°52'54" E 102.76 feet; thence S 03°28'57" W 241.33 feet; thence S 04°20'14" E 110.51 feet; to the Point of Beginning (POB), containing 20,259 sq. ft., or 0.47 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Page 401 of 1140 WATER/SEWER EASEMENT Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Benny Moore Revocable Trust, dated June 5, 2012, and any amendments thereto Carol L. Moore, Trustee STATE OF ARKANSAS COUNTY OF day of 12023. Carol Moore Revocable Trust, dated June 5, 2012, and any amendments thereto Carol L. Moore, Trustee ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Carol L. Moore, Trustee and successor trustee of the Benny Moore Revocable Trust, dated June 5, 2012 and of the Carol Moore Revocable Trust dated June 5, 2012 and any amendments thereto, to me well known as the person who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 402 of 1140 0 25 50 SCALE 1" = 50' ----------- -----o S850 52' 54"E-102.76' OLU TH ._—_---- fV \ \ \ \ \ \ \ \ \ \ z \ \ \ \ \ BENNY MOORE N850 52' 54"W-51.94' \ \ \ \ \ REVOCABLE TRUST I I \ \ \ \ \ PN.001-16708-000 I\\\\\ DEED 2012-16969 �(D < I\ \ \ \ \ M Lu V) I\ \ \ \ \ N co ES MT 108 `1i �0 l 20259 SQ. FT. oM L6 0.47 AC. 01— � ��\\\\\ NEY4rNWY4 - �� \ \ \ \ \ SECTION 29 T17N-R30W uj 0 o \ \ \ \ \ z z \ \ \ \ \ ro ►� mil\\\\\�o CD SE CORNER z I \ \ \ \ \ y NEY4, NWY4 SECTION 29 ILn \ \ \ \ \ —POB T-17-N, R-30-W N870 16' 53"W-50.74' N870 16' 53"W-548.80' LEGEND 001-16708-000 TAX PARCEL NUMBER � PROPOSED RIGHT-OF-WAY 2012-16969 DEED RECORD PROPOSED PERMANENT EASEMENT TCE EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw I 1Mr McCLELLAND DATE: REVISION: WEST TRANSMISSION MAIN CONSULTING 02/02/2023 11 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PROD. NUMBER'. AS NOTED 11-2184 MAP TRACT 108 1580 E. STEARNS ST. BENNY MOORE REVOCABLE TRUST FAYETTEVILLE, AR 72703 E V — i (479) 443-2377 1 HTTP://W W W. MCE.-COM Page 403 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 3815 N. Highway 112, Fayetteville, Arkansas 72704 Client: McClelland Consulting Engineers Fee Owner: Benny Moore Revocable Trust & Carol Moore Revocable Trust Mailing Address: 3815 N. Highway 112, Fayetteville, Arkansas 72704 Area Of The Whole: 50.70� ACS Permanent Easement 0.47± ACS Area Of Remainder: 50.70± ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued residential use (see Highest and Best Use section) Remainder Property Continued residential use (see Highest and Best Use section) ACQUISITION COMPENSATION: Before Land: 50.70f ACS Improvements: Not Applicable Total: After Land: 50.70f ACS Improvements: Not Applicable Total FAIR MARKET VALUE OF ACQUISITION Total Compensation as of: April 20, 2023 ALLOCATION OF COMPENSATION Land: Not Applicable Permanent Easement: 0.47f Acre (Rounded) Temporary Construction Easement: Not Applicable Improvements: Not Applicable Damages: Not Applicable Cost to Cure Items: Total Compensation: 2,296,850 $ 2,296,850 2,281,100 $ 2,281,100 $ 15,750 $ 15,750 $ 0 $ 15,750 $ 0 $ 0 $ 0 $ 0 $ 15,750 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. K&f- Katie Reed Hampton, CG3642 REED & ASSOCIATES, INC. Blake Hopper, RA4720 REED & ASSOCIATES, INC %71F���Y',4 STATE saEwu = Shannon Reed Mueller, CG2302eE�N�� Ces642 REED &ASSOCIATES, INC. G C$v '•. G '!��''o,�HANNOl1��;.�`•` y'""hnnNw J�tiv �aa.••�.•` 'eD REG1slew APPREN'Q %%,etAKEN�Q� Page 404 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Benny & Carol Moore Revocable Trusts 3815NHwy 112 Fayetteville, AR 72704-5416 RE: West Transmission Main Line Parcel No. 001-16708-000 — 3811 N Hwy 112 Tract 108 Offer to purchase easement Dear Mrs. Moore: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $19,750.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesLdJayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuelstc' fayetteville-ar gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrand erson OJayetteviIle-ar.gov or Tim Nyander, Utilities Director at tnyanderAfayetteville-ar.gov. W4";e gards,s, Tim Nyander Utilities Director TN/hj Enc. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 405 of 1140 Aaron Ray Harris and Cristina Harris Tract No. 124 Page 406 of 1140 West Transmission Main Parcel No. 830-38809-002 Tract No. 124 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Aaron Ray Harris and Cristina Harris, Trustees of the Aaron Ray Harris and Cristina Harris Revocable Living Trust dated the 8' day of June, 2008, a trust, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Lot Line Adjustment Survey 2022-15985-adjusted Tract 1) A part of the East half of the Northeast Quarter Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northeast corner of the East half of the Northeast Quarter of said Section 19; thence N87°40'25"W 630.74 feet to a found '/2" rebar, thence S08°10'09"W 1088.02 feet to a found '/2" rebar, thence N86°40'29"W 242.37 feet to a found '/2" rebar, thence S03°42'24"W 65.04 feet to a found '/2" rebar being the true point of beginning, thence S03°42'38"W 35.97 feet to a set 5/8" rebar, thence S11°35'55"E 36.43 feet to a set 5/8" rebar, thence S13°10'19"E 18.28 feet to a set 5/8" rebar, thence S17°20'59"E 139.08 feet to a set 5/8" rebar, thence S25°05'20"E 15.74 feet to a set 5/8" rebar, thence S12°35'03"E 80.97 feet to a set 5/8" rebar, thence N89°22'48"W 3.93 feet to a set 5/8" rebar, thence S82°44'40"W 53.00 feet to a set 5/8" rebar, thence S80°30'18"W 33.93 feet to a set 5/8" rebar, thence S01 °30'43"E passing a found '/2" rebar at a distance of 271.34 feet and continuing for a total distance of 304.20 feet to the centerline of Reed Valley Road; thence along said centerline; S75°28'00"W 329.30 feet, thence leaving said centerline N01 °57'13"W passing a found '/2" rebar at a distance of 31.60 feet and continuing for a total distance of 560.69 feet to a found '/2" rebar, thence NO2°42'33"E 293.85 feet to a set 5/8" rebar; thence S67006'26"E 169.61 feet to a set 5/8" rebar, thence S63°47'41 "E 74.90 feet to a set 5/8" rebar, thence S69°23'29"E 114.88 feet to a found '/2" rebar, to the point of beginning. Containing 5.897 acres more or less. Subject to easements and rights of way of record. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) and also part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4), all in Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the northwest corner of said SE1/4 of the NE1/4; thence along the Grantor's west property line, N 02°42'48" E 127.64 feet; thence leaving said west line, S 20°20'55" E 125.54 feet; thence S 01 °57'13" E 557.71 feet to the Grantor's south line; thence along said south line, S 77°02'01" W 50.94 feet to the Grantor's west line; thence leaving said south line, N 01'57'13" W 559.34 feet along said west line; to the Point of Beginning (POB), containing 31,065 sq. ft., or 0.71 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. Page 407 of 1140 WATER/SEWER EASEMENT Page 2 of 2 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. Aaron Ray Harris and Cristina Harris Revocable Living Trust dated the 8tn day of June, 2008, a trust Aaron Ray Harris, Trustee Cristina Harris, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Aaron Ray Harris and Cristina Harris, Trustees of the Aaron Ray Harris and Cristina Harris Revocable Living Trust dated the 81n day of June, 2008, a trust, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 408 of 1140 \\ \ 0 50 00 \ \ SCALE 1" = 100' \ � o \ ^ o \ w \ s 00 "t SECTION 19 \ \ T17N-R30W LAND LINE a \ \ z I\ \ \ POB \ \ y NW CORNER I \ \ S E1/4, N E1/4 \ \ y SECTION 19 T17N-R30W \ y ESMT 124 31065 SQ. FT. \ \ 0.71 AC. \ \ \I M \ \ \I In In \ \ \ `n w SE%4, NE%4 I \ \ \I SECTION 19 T17N-R30W Ln \ o \� I Ln I O o \ \ 0 \ \ I (n SW%4, NE%4 z \ \ I SECTION 19 T17N-R30W \ \ AARON RAY AND CRISTINA HARRIS \ \ PN.830-38809-002 \ \ I DEED 2015-08963 \ \ I 5770 02 ROpl D Lu EY REED V P'V J o z i i J LEGEND 830-38809-002 TAX PARCEL NUMBER [CCCL/R�= PROPOSED RIGHT-OF-WAY 2015-08963 DEED RECORD r777, 777-,�-' L-------- i PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE LT E— — PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw MANAGER ER-JMT N BY WEST TRANSMISSION MAIN McCLELLAND CONSULTING HIM O E: REVISION: zoz3 1 EXHIBIT "A" MAP FAYETTEVILLE� AR TRACT 124 AARON RAY & CRISTINA HARRIS —ENGINEERS, INC. 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 Sz E: SCALE: AS NOTED PRO]. NUMBER'. 11-2184 1 EXi HTTP://W W W. MCE.—COM Page 409 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1668 Reed Valley Road Tontitown, Arkansas 72704 Client: McClelland Consulting Engineers Fee Owner: Aaron Ray Harris and Cristina Harris Revocable Living Trust Mailing Address: 1668 Reed Valley Road Tontitown, Arkansas 72704 Area Of The Whole: 5.897f ACS Permanent Easement 0.71± AC Area Of Remainder: 5.897f ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued Single -Family Residential use Remainder Property Continued Single -Family Residential use ACQUISITION COMPENSATION: Before Land: 5.897f ACS $ 475,250 Improvements: Not Appraised $ Total: $ 475,250 After Land: 5.897f ACS $ 424,150 Improvements: Not Appraised $ Total $ 424,150 FAIR MARKET VALUE OF ACQUISITION $ 51,100 Total Compensation as of: April 20, 2023 $ 51,100 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.71f Acre (Rounded) $ 51,100 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 51,100 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. STATE ~a Katie Reed Hampton, CG3642 ` saEwu REED & ASSOCIATES, INC. ' ces"s ;f14Fl HAMc' `CSgtiFICAT/�� Blake Hopper, RA4720 =�RE6tCE REED & ASSOCIATES, INC.KE .pPp�4zZ0 /WX11' - - Shannon Reed Mueller, CG2302 REED & ASSOCIATES, INC. 7 Page 410 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Aaron R & Cristina Harris Revocable Living Trust 1668 Reed Valley Road Fayetteville, AR 72704 RE: West Transmission Main Line Parcel No. 830-38809-002 Tract 124 Offer to purchase easement Dear Mr. & Mrs. Harris: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $51,100.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hi ones(Z�fayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuelsCdfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersont@favetteville-ar.gov or Tim Nyander, Utilities Director at tnvander(a)favetteville-ar.gov. With Jsindpst regards, A&4114 Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 411 of 1140 Scott Musgrave and Belinda Musgrave Tract No. 125 Page 412 of 1140 West Transmission Main Parcel No. 830-38235-000 Tract No. 125 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Scott Musgrave and Belinda Musgrave, husband and wife, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Quitclaim Deeds: 1347-290 & 847) A part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 17 North, Range 30 West, of the 51h P.M. more particularly described as beginning at the Northeast corner of said forty acre tract and running thence West 22 rods, thence South 25 rods, thence East 22 rods, thence North 25 rods to the place of beginning, containing 4 acres more or less, and the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of said Section 19, Township 17 North, Range 30 West, containing in all 40 acres, more or less, or total of 44 acres. PERMANENT EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4), and part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at the SE Corner of the NW1/4 of the NE1/4; thence N 20°20'55" W 308.51 feet; thence N 24°56'03" E 187.35 feet; thence N 02o42'48" E 769.20 feet; thence N 87°17'11" W 1499.19 feet; thence N 02°28'24" E 49.79 feet to the south Right -of -Way (ROW) line of Steele Road; thence along said south ROW for the following four calls: thence S 87°31'36" E 233.02 feet; thence S 87°14'39" E 1043.24 feet; thence S 87°47'00" E 108.71 feet; thence along a non -tangent curve to the left, an arc distance of 166.81 feet, said curve having a radius of 524.64 feet, and a chord bearing and distance of N 84°35'37" E 166.11 feet to the east line of said NW1/4 of the NE1/4; thence leaving said south ROW, S 02°42'48" W 853.42 feet along said east line; thence leaving said east line, S 24°56'03" W 176.31 feet; thence S 20°20'55" E 170.21 feet to the east line of said NW1/4 of the NE1/4; thence along said east line, S 02042'48" W 127.64 feet; to the Point of Beginning (POB ESMT), containing 139,097 sq. ft., or 3.19 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 413 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Scott Musgrave STATE OF ARKANSAS COUNTY OF day of 12023. Belinda Musgrave ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Scott Musgrave and Belinda Musgrave, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 414 of 1140 West Transmission Main Parcel No. 830-38235-000 Tract No. 125 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Scott Musgrave and Belinda Musgrave, husband and wife, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of 48-inch water main, to -wit: PROPERTY DESCRIPTION: (Quitclaim Deeds: 1347-290 & 847) A part of the Northeast Quarter (NE1 /4) of the Northwest Quarter (NW1 /4) of Section 19, Township 17 North, Range 30 West, of the 5th P.M. more particularly described as beginning at the Northeast corner of said forty acre tract and running thence West 22 rods, thence South 25 rods, thence East 22 rods, thence North 25 rods to the place of beginning, containing 4 acres more or less, and the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of said Section 19, Township 17 North, Range 30 West, containing in all 40 acres, more or less, or total of 44 acres. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Northwest Quarter (NW1 /4) of the Northeast Quarter (NE1 /4), and part of the Northeast Quarter (N E1 /4) of the Northwest Quarter (NW1/4) of Section 19, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NW1/4 of the NE1/4; thence N 20o2O'55" W 308.51 feet; thence N 24°56'03" E 187.35 feet; thence N 02°42'48" E 719.20 feet to the Point of Beginning (POB TCE); thence N 87017'11" W 50.00 feet; thence N 02042'48" E 50.00 feet; thence S 87017'11" E 50.00 feet; thence S 02°42'48" W 50.00 feet; to the Point of Beginning (POB TCE), containing 2,500 sq. ft., or 0.06 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Scott Musgrave day of 2023. Belinda Musgrave Page 415 of 1140 West Transmission Main-TCE Page 2 of 2 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Publicwithin and for said County and State, personally appeared Scott Musgrave and Belinda Musgrave, husband and wife, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 416 of 1140 0 100 200 SCALE 1" = 200' R/tV R=524.64', D=166.81' 7° 31' 36"E-233.02' RR11 STEELt$OAD R/W R/W CH=N84035'37"E, CD=166.11' S87° 14' 39"E-1043.24' S87°47' 0100 E 8.71' NO2°28'24"E-49.79' \\\\\ N870 17' 11"W-1499.19' \\\\\\\\\\\\ \\\ ,50.00' 0 0 \ 0 0� 0 TCE 125 50.00 \ 2500 SQ. FT. \ NE1/4, NW1/4 ESMT 125 0.06 AC. \ POB TCE \ SECTION 19 NW%4, NE%4 139097 SQ. FT. \ T17N-R30W SECTION 19 3.19 AC. \ \I T17N-R30W \N O M MUSGRAVE, SCOTT co N .� & BELINDA .N PN.830-38235-000 N .o DEED 1347-821 o \ z \ \ \ \ \ \ \ I \ \ \I N240 56' 03"E-187.35'J S240 56' 03"W-176.31' � � S200 20' 55"E-170.21' \ N200 20' 55"W-308.51' \ \ \ POB ESMT \ � SE CORNER _ - N W1/4, N E1/4 SECTION 19 T17N-R30�W S02° 42' 48"W-127.64' LEGEND 830-38235-000 TAX PARCEL NUMBER [CCCL/R77 PROPOSED RIGHT-OF-WAY 1347-821 DEED RECORD PROPOSED PERMANENT EASEMENT TL EXISTING PROPERTY LINE �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW JMr WmcCLELLAND OATSWEST TRANSMISSION MAIN CONSULTING 05/08/23 1 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC. SCALE: PRO]. NUMBER'. AS NOTED 11-2184 MAP TRACT 125 1580 E. STEARNS ST. E` , _ J MUSGRAVE, SCOTT & BELINDA FAYETTEVILLE, AR 72703 x 1 (479) 443-2377 �ko33 HTTP://WWW. MCE.—COM Page 417 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1205, 1301, 1223 Steele Road, Springdale, Arkansas (Tontitown) Client: McClelland Consulting Engineers Fee Owner: Scott Musgrave and Belinda Musgrave Mailing Address: 1205, 1301, 1223 Steele Road, Springdale, Arkansas Area Of The Whole: 44.00± ACS Permanent Easement 3.19± ACS Area Of Remainder: 44.00± ACS Temporary Construction Easement 0.06f ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued residential use in the interim; residential development in the future. (see Highest and Best Use section) Remainder Property Continued residential use in the interim; residential development in the future. (see Highest and Best Use section) ACQUISITION COMPENSATION: Before Land: 44.001 ACS $ 1,540,000 Improvements: Pond $ 10,000 Total: $ 1,550,000 After Land: 44.00± ACS $ 1,459,850 Improvements: Not Applicable $ Total $ 1,459,850 FAIR MARKET VALUE OF ACQUISITION $ 90,150 Plus: TCE 200 Total Compensation as of: June 7, 2023 $ 90,350 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 3.19f Acres (Rounded) $ 80,150 Temporary Construction Easement: 0.06f Acre (Rounded) $ 200 Improvements: Pond $ 10,000 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 90,350 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. *ESTATE yo CERTIFIED Katie Reed Hampton, CG3642 7=._ERA' w ; : REED & ASSOCIATES, INC. `"' g0'PPRA/8 1,, ��GEptIFICgT/0��, Blake Hopper, RA4720 =�REG�SIERED'�= REED &ASSOCIATES, INC.1 0.pppRE72�E R4 Shannon Reed Mueller, CG2302 REED & ASSOCIATES, INC. Page 418 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Scott & Belinda Musgrave 1301 Steele Rd Springdale, AR 72762-0972 RE: West Transmission Main Line Parcel No. 830-38235-000 Tract 125 Offer to purchase easement Dear Mr. & Mrs. Musgrave: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $90,350.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesoakfayetteville-ar gov) or Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson65�fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderta)*fayetteville-ar.go•Y. With indest regards. Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Page 419 of 1140 James Galloway and Patricia Galloway Tract No. 133 Page 420 of 1140 West Transmission Main Parcel No. 830-38206-000 Tract No. 133 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT James Galloway and Patricia Galloway, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed: 2011-22605) A part of the Southeast Quarter (SE1/4) of the Fractional Southwest Quarter (SW1/4) of Section Eighteen(18), Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the Southeast corner of said 40 acre tract, said point being an existing cotton spindle in Steele Road; thence S89°23'08"W along the South line of said 40 acre tract 115 feet to a set cotton spindle in Steele Road for the True Point of Beginning; thence N00°09'43"W 378.78 feet to an existing iron; thence N00°27'09"E 38.11 feet to an existing fence corner; thence S60047'05"W 144.21 feet to an existing iron; thence S00028'03"E 347.84 feet to a cotton spindle set in Steel Road; thence N89°23'08"E 123.81 feet to the Point of Beginning, containing 1.10 acres, more or less, Washington County, Arkansas. The above described 1.10-acre tract being subject to the right of way of Steele Road along the entire South boundary. The above described 1.10-acre tract also being subject to a power line along the entire south boundary. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said SE1/4 of the SW1/4, N 87°42'10" W 182.96 feet; thence leaving said south line, N 02°28'24" E 36.76 feet to the north Right -of -Way of Steele Road, and to the Point of Beginning (POB ESMT): thence along said north ROW, N 87°32'37" W 55.73 feet to the Grantor's west line; thence leaving said north ROW, N 02°22'57" E 51.64 feet along said west line; thence leaving said west line, S 85°51'41" E 55.84 feet; thence S 02028'24" W 50.00 feet; to the Point of Beginning (POB ESMT), containing 2,834 sq. ft., or 0.07 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 421 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12023. James Galloway Patricia Galloway ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Galloway and Patricia Galloway, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 422 of 1140 SCALE 1" = SE -SW I18-17-30 GALLOWAY, JAMES E & PATRICIA PN.830-38206-000 DEED 2011-22605 I — — — — — — S850 51' 41_E-55.84' I ,D F7 o wK o ESMT 133 U) 2834 SQ. FT. \ AL N 0.07 AC` y U) N 60 o N O 0 Z N870 32' 37"W0 -55.73' R W R/W SE CORNER SEl/4, SW74 STEELEIROAD POB ESMT SECTION 18 I T17N-R30W N020 28'24"E-36.76' N87° 42' 10"W-182.96' I I R/ W /W- I I fw LEGEND 830-38206-000 TAX PARCEL NUMBER [CCCL/R�= PROPOSED RIGHT-OF-WAY 2011-22605 DEED RECORD r777, 777-,7' PROPOSED PERMANENT EASEMENT L-------- i TC EXISTING PROPERTY LINE �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw I JMr McCLELLAND DATE REVISION WEST TRANSMISSION MAIN CONSULTING 05/08/23 1 1 EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS, INC. SCALE: PROD. NUMBER'. AS NOTED 1 11-2184 MAP TRACT 133 1580 E. STEARNS ST. GALLOWAY, JAMES E & PATRICIA FAYETTEVILLE, AR 72703 EX i 1 (479) 443-2377 HTTP://W W W. MCE.-COM Page 423 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1142 Steele Road, Springdale, Arkansas (Tontitown) Client: McClelland Consulting Engineers Fee Owner: James Galloway and Patricia Galloway Mailing Address: 1142 Steele Road, Springdale, Arkansas Area Of The Whole: 1.10± ACS Permanent Easement 0.07± ACS Area Of Remainder: 1.10± ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued residential use. Remainder Property Continued residential use. ACQUISITION COMPENSATION: Before Land: 1.10± ACS Improvements: Not Appraised Total: After Land: 1.10± ACS Improvements: Not Appraised Total FAIR MARKET VALUE OF ACQUISITION Total Compensation as of: June 7, 2023 ALLOCATION OF COMPENSATION Land: Not Applicable Permanent Easement: 0.07f Acre (Rounded) Temporary Construction Easement: Improvements: Not Applicable Damages: Not Applicable Cost to Cure Items: Total Compensation: 103,050 $ 103,050 99,650 $ 99,650 $ 3,400 $ 3,400 $ 0 $ 3,400 $ 0 $ 0 $ 0 $ 0 $ 3,400 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. ��G�Ji71F STAU CERTIFIED T = Katie Reed Hampton, CG3642 GEN=C83� REED & ASSOCIATES, INC. ., �* • F HAMr.... APPRA/S 1, ` ����RtIFICgT�p.P',� Blake Hopper, RA4720 ' y� G�StERED'fo REED & ASSOCIATES, INC.: Rp ?Vkov �Eto I 3 �: Rp,4120 e�AKEHOe��,``' "�nnmm�aa` 314-0tn, � $ ppPRA1SFq��',i� I,-11fX1` ?> '(N 9a Shannon Reed Mueller, CG2302 ° �i DER ERAS' REED & ASSOCIATES, INC. 0 NNON�a:.�`` Page 424 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 James E. & Patricia Galloway 1142 Steele Rd Springdale, AR 72762-6245 RE: West Transmission Main Line Parcel No. 830-38206-000 Tract 133 Offer to purchase easement Dear Mr. & Mrs. Galloway: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $3,400.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hlonesiE�fayettevllle-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuelsLd-�fayetteville-ar gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersonCcDfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(cvfayetteville-ar.gov. With indest regards, 44*� Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 425 of 1140 James Paul Galloway and Shawna Galloway Tract No. 134 Page 426 of 1140 West Transmission Main Parcel No. 830-38208-000 Tract No. 134 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT James Paul Galloway and Shawna Galloway, husband and wife, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: ((Deed: 96-30206) A part of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said SE1/4 SW1/4; thence along the South line of the SE1/4 SW1/4; thence along the South line of the SE1/4 SW1/4 South 89 degrees 35 minutes 05 seconds West 245.33 feet; thence North 00 degrees 07 minutes 15 seconds West 47.70 feet to a set 5/8 inch diameter rebar pin (rebar) for a POINT OF BEGINNING; thence North 00 degrees 07 minutes 15 seconds West 311.14 feet to a rebar; thence South 89 degrees 52 minutes 43 seconds West 150 feet to a rebar; thence South 00 degrees 07 minutes 17 seconds East 311.14 feet to a rebar; thence North 89 degrees 52 minutes 52 minutes 43 seconds East 140.00 feet to the Point of Beginning, containing 1.00 acre, more or less. Subject to the right of way of County Road #90 and utility easements of record. PERMANENT EASEMENT DESCRIPTION: Part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 18, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the SE1/4 of the SW1/4 of Section 18, Township 17 North, Range 30 West; thence along the south line of said SE1/4 of the SW1/4, N 87°42'10" W 238.64 feet; thence leaving said south line, N 02°22'57" E 36.92 feet to the north Right -of -Way (ROW) of Steele Road, and to the Point of Beginning (POB ESMT): thence along said north ROW, N 87°32'37" W 139.99 feet to the Grantor's west line; thence leaving said north ROW, N 02°22'44" E 50.00 feet along said west line; thence leaving said west line, S 80o37'15" E 141.04 feet; thence S 02022'57" W 33.00 feet; to the Point of Beginning (POB ESMT), containing 5,810 sq. ft., or 0.13 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 427 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the James Paul Galloway STATE OF ARKANSAS COUNTY OF day of 12023. Shawna Galloway ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared James Paul Galloway and Shawna Galloway, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. MY COMMISSION EXPIRES: Notary Public Page 428 of 1140 I I SE -SW I I I I 18-17-30 I I I IGALLOWAY, JAMES PAUL & SHAWNA PN.830-38208-000 I I I I I I DEED 2004-35393 I I I I I I I to IS° E S7\\ lo LP -141.04 v d \ T 134 N SQ. FT.03 AC. N87° 32' 37"W-139.99' STEELE ROAD POB ESMT NO2o 22' 57"E-36.92', R/ W R/ W R/ W I I I I ------- LEGEND 0 20 40 SCALE 1" = 40' I I __—S020 22' 57"W-33.00' �`- SE CORNER SEl/4, SWl/4 SECTION 18 T17N-R30W N87° 42' 10"W-238.64' 0-38208-00o TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 04-35393 DEED RECORD %����_����_ PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENTBASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) L 3MT N e McCLELLANDREVISION: WEST TRANSMISSION MAIN CONSULTINGz NUMBER11-2184 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC.PROD. MAP TRACT 134 1580 E. STEARNS ST.GALLOWAY, 1 JAMES PAUL & SHAWNAFAYETTEVILLE, AR 72703(479) 443-2377 HTTP:11WWW. MCE.US.COM Paae 429 0 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 1134 Steele Road, Springdale, Arkansas (Tontitown) Client: McClelland Consulting Engineers Fee Owner: James Paul Galloway and Shawna Galloway Mailing Address: 1134 Steele Road, Springdale, Arkansas Area Of The Whole: 1.00± ACS Permanent Easement 0.17± ACS Area Of Remainder: 1.00::L ACS Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued residential use. Remainder Property Continued residential use. ACQUISITION COMPENSATION: Before Land: 1.00± ACS Improvements: One Tree Total: After Land: 1.00± ACS Improvements: Not Appraised Total FAIR MARKET VALUE OF ACQUISITION Total Compensation as of: June 7, 2023 ALLOCATION OF COMPENSATION Land: Not Applicable Permanent Easement: 0.17f Acre (Rounded) Temporary Construction Easement: Improvements: One Tree Damages: Not Applicable Cost to Cure Items: Total Compensation: 93,650 1,000 $ 94,650 84,250 $ 84,250 $ 10,400 $ 10,400 $ 0 $ 9,400 $ 0 $ 1,000 $ 0 $ 0 $ 10,400 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. K /� ��GPJi71F STATE• Jp~o '- CERTIFIED T = Katie Reed Hampton, CG3642 GEN=CQS� REED & ASSOCIATES, INC. / F•HAMr Blake Hopper, RA4720 = r: ED•fo S _: REG1StER Ato REED & ASSOCIATES, INC.= p??VkovoE 3 �: Rp,412 "nAKE nmm�aa` O ki. a....I � $ PPPRAISBHrr'r�i '(N 9a Shannon Reed Mueller, CG2302 = �i DER ERAS' REED & ASSOCIATES, INC. S�' .,Gcoo.'y``� 0 NNON�a:.�`` Page 430 of 1140 %r CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 James Paul & Shawna Galloway 1134 Steele Rd Springdale. AR 72762-6245 RE West Transmission Main Line Parcel No. 830-38208-000 Tract 134 Notification Letter Dear Mr. & Mrs. Galloway: The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $6,720.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate, and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hjones c fayetteville-ar gov) or Brandi Samuels (479) 444-3421(bsamuels(ai)fayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson aOfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyaride r(d.)fay ettevIIle-ar.gov. With kindest regards, 4NOyander� Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 431 of 1140 Eva and Dennis Moser Tract No. 167 Page 432 of 1140 West Transmission Main Parcel No. 815-33679-300 Tract No. 167 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Eva Moser and Dennis Moser, wife and husband, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2003-41718 Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36), Township Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W 1023.77 feet from the Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01 feet to the East right of way line of Arkansas Highway 112; thence along said right of way line S11 degrees 07'09" E 18.39 feet; thence S14 degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees 51'34"E 889.83 feet along an existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point of beginning and containing 3.78 acres, more or less, being subject to a 25-foot building setback and utility easements which lies on the west side of herein described tract. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE '/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the NE1/4, N 03°07'48" E 120.83 feet to the Grantor's south line and to the Point of Beginning (POB ESMT); thence leaving said east line, N 86°38'08" W 30.00 feet along said south line; thence leaving said south line, N 03007'48" E 24.58 feet; thence S 86052'12" E 18.00 feet; thence N 03007'48" E 55.00 feet; thence N 86°52'12" W 18.00 feet; thence N 03°07'48" E 100.42 feet to the Grantor's north line; thence along said north line, S 86°38'08" E 30.00 feet to the east line of said NE1/4 of the NE1/4; thence leaving said north line, S 03007'48" W 180.00 feet along said east line, to the Point of Beginning (POB), containing 4,410 sq. ft., or 0.10 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 433 of 1140 WATER/SEWER EASEMENT Page 2 of 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2023. Eva Moser Dennis Moser ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared, Eva Moser and Dennis Moser, wife and husband, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. Notary Public MY COMMISSION EXPIRES: Page 434 of 1140 West Transmission Main Parcel No. 815-33679-300 Tract No. 167 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Eva Moser and Dennis Moser, wife and husband, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of West Transmission Main to -wit: PROPERTY DESCRIPTION: Warranty Deed: 2003-41718 Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36), Township Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W 1023.77 feetfrom the Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01 feet to the East right of way line of Arkansas Highway 112; thence along said right of way line S11 degrees 07'09" E 18.39 feet; thence S14 degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees 51'34"E 889.83 feet along an existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point of beginning and containing 3.78 acres, more or less, being subject to a 25-foot building setback and utility easements which lies on the west side of herein described tract. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE'/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the NE1/4, N 03oO7'48" E 120.83 feet to the Grantor's south line; thence leaving said east line, N 86°38'08" W 30.00 feet along said south line; thence leaving said south line, N 03oO7'48" E 24.58 feet to the Point of Beginning (POB TCE); thence S 86'52'12" E 18.00 feet; thence N 03°07'48" E 55.00 feet; thence N 86°52'12" W 14.00 feet; thence S03oO7'48" W 45.00 feet; thence N86052'12" W 4.00 feet; thence S03°17'48" W 10 feet to the Point of Beginning (POB TCE), containing 810 sq. ft., or 0.02 acres. Togetherwith the rights, easements, and privileges in orto said lands which may be required forthe full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, togetherwith free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 435 of 1140 TCE Page 2 of 3 WITNESS the execution hereof on this the Eva Moser STATE OF ARKANSAS COUNTY OF WASHINGTON day of 12023. Dennis Moser ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared, Eva Moser and Dennis Moser, wife and husband, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023. Notary Public MY COMMISSION EXPIRES: Page 436 of 1140 NEA, NEA SECTION 36 T18N-R31 W MOSER, DENNIS & EVA PN.815-33679-300 DEED 2003-41718 S860 38' 08"E-30.00 I I\ o I\ LU 00 n I \ 0 MI\ �I\ z N860 52' 12"W-18.00' I \ N030 07' 48"E-45.00' TCE 167 �.._.._..: 810 SQ. FT.------_:: 0.02 AC. S861 52' 12"E-4.00' I7L'L' N030 07' 48"E-10.00'-': POB TCE __—T N030 07' 48"E-24.58' I N860 38' 08"W-30.00'1 I i POB ESM I I I I I I SE CORNER NE1/4, NEA SECTION 36 T18N-R31W� LEGEND 0 I 25 50 mmi SC LE 1" = 50' II I I I , I I I \ \ ESMT 167 \ \ 4410 SQ. FT. \ \ I 0.10 AC. o I \ I \ \ o I \ \ o' \\ 00 \ \ � 4'.::: o, o Ln \ o In O \ (n 00 o M S860 52' 12"E-18.00' I I I I I I I LbI I I 0 z I I I I I I I I 815-33679-300 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 2003-41718 DEED RECORD PROPOSED PERMANENT EASEMENT EXISTING PROPERTY LINE � PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW JMT McCLELLAND DATE REVISION WEST TRANSMISSION MAIN CONSULTING N 09/11/2023 3 EXHIBIT "A" FAYETTEVILLE AR -ENGINEERS, INC. SCALE: PRO]. NUMBER'. 3 AS NOTED 11-2184 MAP TRACT 167 1580 E. STEARNS ST. MOSER, DENNIS W & EVA M FAYETTEVILLE, AR 72703 F u _ 1 (479) 443-2377 aae SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 21694 S. Highway 112, Springdale, AR Client: McClelland Consulting Engineers Fee Owner: Eva and Dennis Moser Mailing Address: 21694 S. Highway 112, Springdale, AR Area Of The Whole: 3.78f ACS Area Of Remainder: 3.78f ACS Permanent Easement 0.12f AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued Single -Family Residential Use Remainder Property Continued Single -Family Residential Use ACQUISITION COMPENSATION: Before Land: 3.78f ACS $ 181,150 Improvements: Barn/Lean To $ 43,250 Total: $ 224,400 After Land: 3.78f ACS $ 178,150 Improvements: Not Applicable $ Total $ 178,150 FAIR MARKET VALUE OF ACQUISITION $ 46,250 Total Compensation as of: February 17, 2023 $ 46,250 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.12f Acre (Rounded) $ 3,000 Temporary Construction Easement: Not Applicable $ 0 Improvements: Barn/Lean To $ 43,250 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 46,250 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. Katie Reed Hampton, CG3642 Reed & Associates, Inc. a. STATE CERTIFIED • 6ENBM ;e =642 _ tIn' • ... •,•�'p� , f NAMr nnuua0a Page 438 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Eva & Dennis Moser 21694 S Hwy 112 Springdale, AR 72762 RE: West Transmission Main Line Parcel No. 815-33679-300 Tract 167 Offer to purchase easement Dear Mr. & Mrs. Moser, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within ourwater district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights -of -way To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $8,100.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hones(Qfayettevilie-ar.qov) or Brandi Samuels (479) 444-3421 (bsamuels(c)fayetteville-ar.gov). For questions or concerns, please contact Granderson, Utilities Engineer at cgranderson(cDfayetteville-ar.gov or Tim Nyander, Utilities Director at tnyander(a,fayetteville-ar.qov. I ind st re ards, Tim ander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 439 of 1140 Jason M. Thomas and Jennifer A. Olivero Sanchez Tract No. 169 Page 440 of 1140 West Transmission Main Parcel No. 815-33679-200 Tract No. 169 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT WE, Jason M. Thomas and Jennifer A. Olivero Sanchez, husband and wife, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 2021-27731) Part of the NE1/4 of the NE1/4 of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 0051'50" West 160.00 feet from the Northeast corner of the NE1/4 of the NE1/4 of said Section 36 and running thence South 0051'50" West 638.77 feet along the East line of said 40 acre tract to a '/2" rebar; thence leaving said East line and running North 88051'37" West 980.62 feet to a '/2" rebar located on the East right of way line of Arkansas State Highway No. 112; thence Northwesterly along said right of way the following: North 8°58'35" West 406.06 feet and North 13057'02" West 238.13 feet to a '/2" rebar; thence leaving said right of way and running South 89013'05" East 1096.89 feet to the point of beginning, containing 15.02 acres, more or less. PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the NE1/4, S 02°55'50" W 23.89 feet; thence continuing along said east line, S 03°07'48" W 139.41 feet to the Grantor's northeast property corner and to the Point of Beginning (POB); thence along the Grantor's east line, S 03007'48" W 638.77 feet to the Grantor's south line; thence leaving said east line, N 86038'08" W 30.00 feet along said south line; thence leaving said south line, N 03°07'48" E 638.58 feet to the Grantor's north line; thence along said north line, S 86059'39" E 30.00 feet; to the Point of Beginning (POB), containing 19,160 sq. ft., or 0.44 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 441 of 1140 WATER/SEWER EASEMENT Page 2 It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the Jason M. Thomas STATE OF COUNTY OF day of 12023. Jennifer A. Olivero Sanchez ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared, Jason M. Thomas and Jennifer A. Olivero Sanchez, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023.. Notary Public MY COMMISSION EXPIRES: Page 442 of 1140 — — 0 50 100 ALE 1" = 100' S02o 55' 50"W-23.89' NE CORNER NEY4, NEY4 S03o 07' 48"W-139.41' SECTION 36 T18N-R31 W S860 59' 39"E-30.00' I POB THOMAS, JASON M & \ SANCHEZ,JENNIFER A OLIVERO \ PN.815-33679-200 \ DEED 2021-27731 \ ESMT 169 \ 19160 SQ. FT. \ \ 0.44 AC. 0 \ M 06 (7 1p \ O W \ NEY4, NEY4 0000 SECTION 36 `r \ T18N-R31W o o 0 \ rn O \ 0 M Z O \ \ \ \ \ \ \ \ N860 38' 08"W-30.00' LEGEND 815-33679-200 TAX PARCEL NUMBER �(R� PROPOSED RIGHT-OF-WAY 2021-27731 DEED RECORD PROPOSED PERMANENT EASEMENT — — EXISTING PROPERTY LINE �T E_, _—_E PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) Tw MANAGER ERAWJMT N eY WEST TRANSMISSION MAIN McCLELLAND CONSULTING HIM O E: REVISION: 23 1 EXHIBIT "A" MAP FAYETTEVILLE� AR TRACT 169 THOMAS, JASON M & SANCHEZ, JENNIFER A OLIVERO —ENGINEERS, INC. 1580 E. STEARNS ST. FAYETTEVILLE, AR 72703 (479) 443-2377 HTTP:/IW W W. MCE.-COM S3 E: SCALE: AS NOTED PRO]. NUMBER'. 11-2184 EX i 1 Page 443 of 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 21740 S. Highway 112, Springdale, AR Client: McClelland Consulting Engineers Fee Owner: Jason M. Thomas and Jennifer A. Olivero Sanchez Mailing Address: 21740 S. Highway 112, Springdale, AR Area Of The Whole: 15.02f ACS Area Of Remainder: 15.02f ACS Permanent Easement 0.44f AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued Single -Family Residential Use Remainder Property Continued Single -Family Residential Use ACQUISITION COMPENSATION: Before Land: 15.021 ACS $ 588,850 Improvements: $ Total: $ 588,850 After Land: 15.02f ACS $ 580,200 Improvements: Not Applicable $ Total $ 580,200 FAIR MARKET VALUE OF ACQUISITION $ 8,650 Total Compensation as of. April 12, 2023 $ 8,650 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.44f Acre (Rounded) $ 8,650 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 8,650 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. 8TAiE ' CMFIED - 6ENEM " CQSM2 '�"'A�!nf'Bi►wi�°.` Katie Reed Hampton, CG3642 Reed & Associates, Inc. Page 444 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Jason Thomas & Jennifer Olivero Sanchez 21740 S Hwy 112 Springdale, AR 72762 R E - West Transmission Main Line Parcel No. 815-33679-200 Tract 169 Offer to purchase easement Dear Mr. Thomas & Ms. Sanchez, The City of Fayetteville needs to promptly con struct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. X/Ve serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Th erefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner This century the City of Fayettev i Ile has had to acquire hundreds of water and sewer easements and street rights -of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process Please accept our professionally appraised offer (or counter offer) of $31,600.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate, and provid e our firefighters with sufficient firefighting water The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property We will provide a copy of the recorded documents upon your request Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hones fayetteville-ar qov) or Brandi Samuels (479) 444-3421(bsamuels(cilfayetteville-ar.gov_). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(a?fayetteville-ar gov or Tim Nyander, Utilities Director at to cinder c fayettevill_ a-argov. Wit kindest regards, gander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 445 of 1140 Bobby and Juanita Chandler Tract No. 169A Page 446 of 1140 West Transmission Main Parcel No. 815-33679-210 Tract No. 169A WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT Juanita Faye Chandler, Successor Trustee, The Bobby J. Chandler Revocable Trust Dated: May 1, 2000, '/2 interest and Juanita Faye Chandler, and Jennifer L. Mick, Trustees, The Juanita Faye Chandler Revocable Trust Dated: May 1, 2000, '/2 interest hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty-six (36), Township Eighteen (18) North, Range Thirty-one (31) West, more particularly described as follows: beginning at the Northeast corner of said forty (40) acre tract, and running thence South 0 degrees 51 minutes 50 seconds West 1203.77 feet; thence North 88 degrees 51 minutes 34 seconds 889.83 feet to the East right of way line of State Highway No. 112; thence along the East right of way line the following: North 14 degrees 25 minutes 43 seconds West 168.20 feet; thence North 11 degrees 07 minutes 09 seconds West 124.08 feet; thence North 08 degrees 45 minutes 06 seconds West 123.56 feet; thence North 6 degrees 58 minutes 35 seconds West 406.06 feet; thence North 13 degrees 57 minutes 02 seconds West 403.57 feet to the North line of said forty (4) acre tract; thence South 89 degrees 13 minutes 05 seconds East 1139.19 feet to the point of beginning, containing 27.86 acres, more or less; LESS AND EXCEPT: Part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Thirty-six (36), Township Eighteen (18) North, Range Thirty-one (31) West, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is South 00 degrees 51 minutes 50 seconds West 843.77 feet from the Northeast corner of said Section 36, and thence continuing South 00 degrees 51 minutes 50 seconds West 180 feet; thence North 88 degrees 51 minutes 34 seconds West 938.01 feet to the East right of way line of Arkansas Highway 112; thence along said East right of line North 11 degrees 07 minutes 09 seconds West 105.69 feet; thence along said East right of way line North 08 degrees 45 minutes 06 seconds West 74.31 feet; thence East to the point of beginning. ALSO LESS AND EXCEPT: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Thirty Six (36), Township Eighteen (18) North, Range Thirty-one (31) West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point S 0 degrees 51'50"W 1023.77 feet from the Northeast corner of said Section Thirty-six (36); thence N 88 degrees 51'34" W 938.01 feet to the East right of way line of Arkansas Highway 112; thence along said right of way line S11 degrees 07'09" E 18.39 feet; thence S14 degrees 25'43"E 168.20 feet; thence leaving said right of way line S89 degrees 51'34"E 889.83 feet along an existing fence; thence leaving said fence N 0 degrees 51'50"E 180 feet to the point of beginning and containing 3.78 acres, more or less, being subject to a 25-foot building setback and utility easements which lies on the west side of herein described tract. ALSO LESS AND EXCEPT: Part of the NE1/4 of the NE1/4 of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, and being more particularly described as follows: Beginning at a point that is South 0°51'50" West 160.00 feet from the Northeast corner of the NE1/4 of the NE1/4 of said Section 36 and running thence South 0°51'50" West 638.77 feet along the East line of said 40 acre tract to a '/2" rebar; thence leaving said East line and running North 88°51'37" West 980.62 feet to a '/2" rebar located on the East right of way line of Arkansas State Highway No. 112; thence Northwesterly along said right of way the following: North 8°58'35" West 406.06 feet and North 13°57'02" West 238.13 feet to a '/2" rebar; thence leaving said right of way and running South 89°13'05" East 1096.89 feet to the point of beginning, containing 15.02 acres, more or less and leaving approximately 1.05 acres, more or less. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this i:��•iaan��r_uvi�y���u��•irr The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. Signed: day of 12023. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Page 447 of 1140 West Transmission Main -Anode Bed WD page 2 The Bobby J. Chandler Revocable Trust Dated: May 1, 2000,1/2 interest Juanita Faye Chandler, Successor Trustee Bobby J. Chandler Revocable Trust STATE OF COUNTY OF The Juanita Faye Chandler Revocable Trust Dated: May 1, 2000, Amended: April 15, 2015 % interest Juanita Faye Chandler, Trustee Juanita Faye Chandler Revocable Trust Jennifer L. Mick, Trustee Juanita Faye Chandler Revocable Trust ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared, Juanita Faye Chandler, Successor Trustee, The Bobby J. Chandler Revocable Trust Dated: May 1, 2000, % interest and Juanita Faye Chandler, and Jennifer L. Mick, Trustees, The Juanita Faye Chandler Revocable Trust Dated: May 1, 2000, 1/2 interest, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2023.. MY COMMISSION EXPIRES: Notary Public Page 448 of 1140 0 100 200 SCALE 1" = 200' I NE CORNER NE1/4, NEl/4 I I S02' 55' 50"W-23.89' SECTION 36 I I Zi P T18N-R31W I I � � I I 1 I I I I I 1 I I 100 I 3 �n I � y 1 0 = I rD 0 c In G I I n' CHANDLER, BOBBY J I 1 I 1 REV TRUST; I CHANDLER, JUANITA 1 F REV TRUST I 1 PN. 815-33679-210 S860 38' 08"E-30.00' DEED 2000-39326 1 1 /--POB S030 07' 48"W-45.00' PARCEL815-33679-210--/ 71' IS APPROXIMATELY 45633 NEl/4, NEl/4 N030 07' 48"E-45.11'ESMT 169A SQ. FT OR 1.05 AC. SECTION 36 1 1352 SQ. FT. T18N-R31W I 0.03 AC. N860 50' 31"W-30.00I LEGEND 5-33679-210 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 00-39326 DEED RECORD %��� �� J PROPOSED PERMANENT EASEMEj — — EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEBASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) LNED JMT N e McCLELLANREVISION WEST TRANSMISSION MAIN CONSULTINz EXHIBIT "A" FAYETTEVILLE AR —ENGINEERS,11-2184 MAP TRACT 169A 1580 E. STEARNS STCHANDLER, i 1 BOBBY J REV TRUST; CHANDLER, JUANITA F REV TRUSTFAYETTEVILLE, AR 727 (479) 443-2377 HTTP://WWW. MCE.-COM Paae 44 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Bobby J. Chandler Revocable Trust Juanita F. Chandler Revocable Trust 351 W Baker Avenue Springdale, AR 72762-9640 RE: West Transmission Main Line Parcel No. 815-33679-210 Tract 169A Offer to Purchase property Dear Mrs. Chandler, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $41,025.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesQdjayetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels(aDfayetteville-ar.gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgranderson(cD-fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyandert�favetteville-ar.go-i. With 'n t regards, Tim Nyander Utilities Director TN/hj Enc Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 450 of 1140 Brigitte L. Farris Tract No. 170 Page 451 of 1140 West Transmission Main Parcel No. 815-33679-500 Tract No. 170 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Brigitte L. Farris, Surviving spouse of Tracy J. Farris, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 99-101305) A part of the Northeast Quarter (NE'/4) of the Northeast Quarter (NE'/4) of Section Thirty-six (36) Township Eighteen (18) North, Range Thirty-one (31) West more particularly described as follows, to -wit: Beginning at the Northeast corner of said Section Thirty-six (36), thence North 88 degrees 51 minutes 34 seconds West 1139.19 feet to the East right of way line of Arkansas Highway 112, thence South along said East right of way line 180 feet, thence East to a point 160 feet South 0 degrees 51 minutes 50 seconds West of the point of beginning, thence 160 feet North to the point of beginning (being the Northeast corner of Section 36). PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE '/4) of Section 36, Township 18 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE1/4 of the NE1/4 of said Section 36; thence along the east line of said NE1/4 of the NE1/4, S 02°55'50" W 23.89 feet to the Grantor's northeast property corner and to the Point of Beginning (POB); thence along the Grantor's east property line, S 03oO7'48" W 139.41 feet to the Grantor's south property line; thence leaving said east line, N 86059'39" W 30.00 feet along said south line; thence leaving said south line, N 03°07'48" E 140.42 feet to the Grantor's north property line; thence along said north line, S 85°03'27" E 30.02 feet; to the Point of Beginning (POB), containing 4,197 sq. ft., or 0.10 acres. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Page 452 of 1140 WATER/SEWER EASEMENT Page 2 of 2 WITNESS the execution hereof on this the day of 2023. Brigitte L. Farris STATE OF ARKANSAS COUNTY OF [spouse] ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Brigitte L. Farris, Surviving spouse of Tracy J. Farris and her spouse, if any, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12023. MY COMMISSION EXPIRES: Notary Public Page 453 of 1140 0 25 50 SCALE 1" = 50, NE CORNER NE%4r NE1/4---------_ SECTION 36 T18N-R31W — 2° 55' S 89' I — POB S850 03' 27"E-30.02' Ik \ ESMT 170 4197 SQ. FT. N FARRIS, BRIGITTE 0.10 AC. \ PN.815-33679-500 C) rn DEED 99-10130500 00 i\ 00 ��\ \ o MI 0 M O I \ CD ZI U I N860 59' 39"W-30.00' a � a I � I m w I N NE%4, NE%4 SECTION 36 T18N-R31W z w w w z z z L E G E N D 3 815-33679-500 TAX PARCEL NUMBER PROPOSED RIGHT-OF-WAY 99-101305 DEED RECORD %��� �� J PROPOSED PERMANENT EASEMENT k — — EXISTING PROPERTY LINE PROPOSED TEMP. CONST. EASEMENT LL BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT a A PLAT OF SURVEY) m TW MANAGER JMT N e McCLELLAND -E REVISION WEST TRANSMISSION MAIN CONSULTING os 24 zoz3 � SCALE: z PRO]. NUMBER'. EXHIBIT "A" FAYETTEVILLE AR � —ENGINEERS, INC. 3 AS NOTED 11-2184 MAP TRACT 170 1580 E. STEARNS ST. # i # EX-1 # „ 1 FARRIS, BRIGITTE FAYETTEVILLE, AR 72703 (479) 443-2377 HTTP://WWW. MCE.-COM Paae 454 0 1140 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: 21772 S. Highway 112, Springdale, AR Client: McClelland Consulting Engineers Fee Owner: Tracy and Brigitte Farris Mailing Address: 21772 S. Highway 112, Springdale, AR 72762 Area Of The Whole: 4.70f ACS Area Of Remainder: 4.70f ACS Permanent Easement 0.10± AC Area Of Acquisition: N/A HIGHEST AND BEST USE: Whole Property Continued Single -Family Residential Use Remainder Property Continued Single -Family Residential Use ACQUISITION COMPENSATION: Before Land: 4.70f ACS $ 194,500 Improvements: $ Total: $ 194,500 After Land: 4.70f ACS $ 192,450 Improvements: Not Applicable $ Total $ 192,450 FAIR MARKET VALUE OF ACQUISITION $ 2,050 Total Compensation as of: April 12, 2023 $ 2,050 ALLOCATION OF COMPENSATION Land: Not Applicable $ 0 Permanent Easement: 0.10± Acre (Rounded) $ 2,050 Temporary Construction Easement: Not Applicable $ 0 Improvements: Not Applicable $ 0 Damages: Not Applicable $ 0 Cost to Cure Items: $ 0 Total Compensation: $ 2,050 Please see the Extraordinary Assumptions and Hypothetical Condition previously presented. 8TAiE ' CMFIED - 6ENEM " CQSM2 '�"'A�!nf'Bi►wi�°.` Katie Reed Hampton, CG3642 Reed & Associates, Inc. Page 455 of 1140 CITY OF FAYETTEVILLE ARKANSAS September 25, 2023 Brigitte L. Farris 21772 S Hwy 112 Springdale, AR 72762 RE: West Transmission Main Line Parcel No. 815-33679-500 Tract 170 Offer to purchase easement Dear Mrs. Farris, The City of Fayetteville needs to promptly construct a 48-inch water transmission main from the Beaver Water District's new outlet near Elm Springs to our water distribution system in northern Fayetteville to ensure clean water remains constantly available to everyone within our water district. We serve everyone in our mandated water district from Goshen to Farmington, from Elkins to Fayetteville, to Greenland, West Fork, part of Johnson, and many county residents. State and Federal time limitations require that we must obtain signed easements or Court ordered possessory rights for every necessary parcel within two months. Therefore, we will have to ask the Fayetteville City Council on October 17, 2023 to authorize condemnations on every parcel that we have not yet received a properly signed easement. Even if a condemnation must be filed on your property, we prefer reaching fair settlements with you and every other landowner. This century the City of Fayetteville has had to acquire hundreds of water and sewer easements and street rights - of -way. To ensure these projects could be built timely, the City Council had to authorize many condemnations for these projects. However, we continued negotiations and only once did any condemnation actually have to be decided in a trial. There is a brochure enclosed explaining the process. Please accept our professionally appraised offer (or counter offer) of $2,050.00 for this vital water line easement across your property now to help us ensure the tens of thousands of residential and business consumers will have sufficient water to drink, bathe, wash, and operate; and provide our firefighters with sufficient firefighting water. The water/sewer easement document we previously sent to you should be executed by all parties with current ownership interest in the particular property. If you have misplaced this document, please let us know and we will send a new copy to you. The document should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Payment will be requested upon receipt of all necessary documents by the City and we will process your check for full payment ASAP and mail it to your property. We will provide a copy of the recorded documents upon your request. Please provide us with a Social Security Number or a Tax Identification Number (Corporation) so that a check can be written. A W-9 was provided for this purpose, but we will provide another copy if you request. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project and the associated easements and acquisitions. Please contact Holly Jones at (479) 444-3414 (hionesAfavetteville-ar.gov) or Brandi Samuels (479) 444-3421 (bsamuels@fayetteville-ar gov). For questions or concerns, please contact Corey Granderson, Utilities Engineer at cgrandersonr'a)fayetteville-ar.gov or Tim Nyander, Utilities Director at tnyanderfa!fayetteville-ar.gov. With kindest regards, 41,�* Tim Nyander Utilities Director TN/hj Enc. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 456 of 1140 Received By Shea Fankhouser 10/02/2023 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) 1 Errors Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2023 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to transfer budgeted funds to the West Water Transmission Line Project for the remaining Easements for the West Corridor Water Transmission Line Project. Budgeted funds from the Water System Rehabilitation and Replacement project will be transferred to cover the cost of this project. COUNCIL DATE ITEM ID# 10/17/2023 2023-1168 RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.202398 Account Name 5400.720.5600-5810.00 1,737,125 - 18015 2201 EX Easements 5400.720.5600-5808.00 (1,737,125) 12009 1 EX Improvements - Water Line C:\Users\jshelton\Desktop\Revised BA 1 of 1 Page 457 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1137 TO: Mayor Jordan and City Council THRU: Kara Paxton, City Clerk/Treasurer FROM: Jackson Shelton, Senior Deputy City Clerk Treasurer DATE: September 29, 2023 SUBJECT: FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE RECOMMENDATION: City Council approval to create a Deputy Clerk - Communications Position, in the Office of the City Clerk Treasurer BACKGROUND: Over the past 4 years, City Clerk Treasurer Kara Paxton has managed the City Clerk Treasurer's office with great care and concern for the department's budget. Over the years, council members, staff, and members of the public contact this office expressing great appreciation for the transparency the office provides using technology and teamwork. In Kara's first year at the city, she saved the city over $15,000 a year by preventing the city from purchasing a board, committee, and commission management software. She and her team did this by creating a Laserfiche form that allowed the public to submit their form electronically. In her second and third years, she researched and advocated for the city to change its agenda management software from Legistar powered by Granicus to Civic Clerk powered by Civic Plus. This change saved the City around $20,000 to $25,000 a year. This also allowed the city to update the City Council Chamber and remove the numerous devices that cost the city an exuberant amount of money yearly, as well as removed the constant issues of needing to restart the system or the system freezing. As the city has grown by leaps and bounds technologically and by population, this office has increasingly received more requests for additional transparency. There are many departments around the city which have a dedicated person that ensures the public has access to information and resources. We are now asking for a similar dedicated position that has been created in numerous other departments throughout the city. This position will provide resources and facilitate requests to obtain information. The person in this requested position will also be responsible for managing the boards, committees, and commissions application process as well as be the direct contact for the City Council's Nomination Committee. It has become increasingly difficult to continue to add the increased amount of workload from the boards, committees, and commissions process to the current team member who processes that workload. DISCUSSION: This is the first and only request Kara has made within the last 4 years to add a continuing full-time employee. As you have experienced, the city is growing rapidly, and we must continue to strive to promote access and integrity of information that is given to the staff, council members and citizens. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 458 of 1140 By adding this position, the important work of including the citizens in city government decisions will improve responsiveness to the city council and city staff. This will also continue Fayetteville's long history of including the citizens in decisions that affect their everyday lives. BUDGET/STAFF IMPACT: AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION ATTACHMENTS: OFFICE PERFORMANCE MEASURES (#3), JOB DESCRIPTION - DEPUTY CLERK - COMMUNICATIONS (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 459 of 1140 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1137 FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE A RESOLUTION TO AUTHORIZE A FULL-TIME POSITION (FTE-1) - DEPUTY CLERK - COMMUNICATIONS POSITION, IN THE CITY CLERK TREASURER'S OFFICE. WHEREAS, over the past 4 years, City Clerk Treasurer Kara Paxton has managed the City Clerk Treasurer's office with great care and concern for the department's budget; and WHEREAS, many council members, staff, and members of the public contact this office expressing great appreciation for the transparency the office provides to the public using technology and teamwork. WHEREAS, in Kara's first year at the City, she saved the city over $15,000 a year by preventing the city from having to purchase a boards, committees, and commissions management software. In her second and third year, she researched and advocated for the city to change its agenda management software from Legistar powered by Granicus to Civic Clerk powered by Civic Plus. This change saved the city around $20,000 to $25,000 a year and now the City no longer needs to purchase the outdated hardware that Granicus required. WHEREAS, as the city has grown technologically and by population, this office has increasingly received more requests for additional transparency. There are many departments around the city which have a dedicated person that ensures the public has access to information and resources. We are now asking for a similar dedicated position, like the one that has been created in numerous other departments throughout the city. This position will provide resources and facilitate the public's requests to obtain information. WHEREAS, this is the first and only request Kara has made within the last 4 years to add a continuing full-time employee. As you have experienced, the city is growing rapidly, and we must continue to strive to promote access and integrity of information that is given to the citizens. WHEREAS, by adding this position, the important work of including the citizens in city government decisions will improve responsiveness to the City Council and City Staff. This will also continue Fayetteville's long history of including the citizens in decisions that affect their everyday lives. SECTION 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an increase of one full-time equivalent position of Deputy Clerk — Communications for the City Clerk Treasurer's office within the office of the City Clerk Treasurer. Page 1 Page 460 of 1140 Resolution: File Number. 2023-1137 SECTION 2: That the City Council of the City of Fayetteville, Arkansas hereby further requests that a budget adjustment be created in the amount necessary to fund this position for the remainder of 2023 and be presented to the City Council for approval when the funding amount has been determined. Page 2 Page 461 of 1140 City Clerk/Treasurer This division maintains the official records and public documents of the City. It also provides support for the City Council by preparing agendas and recording and transcribing the proceedings of the meetings. The City Clerk's Office maintains the City's Code of Ordinances, works in cooperation with the Washington County Election Commission in planning elections, and maintains the Policies and Procedures Manual for the City. This division maintains the City's Boards and Committees, schedules meetings for City rooms, and maintains a calendar of those meetings. The City Clerk also serves on the Fire and Police Pension Boards, attends the meetings, prepares the agendas and correspondence, and records and transcribes the proceedings of the meetings. 1. Continued scanning ordinances, resolutions, non -agenda items into DBMS for employee access. 2. Revamped and facilitated communications to update the City's record retention schedule. 3. Created operating procedures for Civic Plus software that was implemented at the end of 2022. 4. Updated job descriptions for the Communications Specialist and Document Systems Specialist. 5. Expand transparency to public by publishing city council's motions/votes to the City website. 6. Created email address/processes to streamline forwarding public comment for agenda items. 7. Successfully participated in the electronic travel and training pilot process. 8. Organized educational opportunity for all eligible IIMC Region IV members. 9. Evaluated/implemented transcription software to streamline the minutes creation process. 1. Hiring/training one full-time employee to fufill the role of the Deputy Clerk - Communication 2. Increase training/certifications of team members to stay updated with federal and state laws. 3. Utilize 1 on 1 meetings to accurately evaluate team members and processes of the office. 4. Focus on teamwork, comradery and correct utilization of technology to create transparency. 5. Adaptation of team processes/technologies to ensure team resiliency at new area on 1st floor. 1. Meetings Attended 348 329 393 393 2. Agendas & Minutes Prepared 148/28 197/35 65/35 65/35 3. Ordinances & Resolutions Passed 113/327 134/318 80/282 125/317 4. Committee Vacancies & Applicants 79/153 76/164 75/170 75/171 5. Meeting Rooms Scheduled 1,255 1,546 1,350 1,470 6. Elections Coordinated 2 2 3 3 7. Permanent Record Retention 347,823 400,000 300,000 400,000 8. Policy and Procedure Changes 11 5 5 5 9. Code of Ordinances Updates 52 77 70 72 Page 462 of 1140 eCITY OF FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE Position Description POSITION TITLE: Deputy Clerk - Communications EXEMPT (Y/N): No DEPARTMENT: City Clerk Treasurer SUPVERVISOR: City Clerk Treasurer DIVISION: City Clerk Treasurer Job Grade: DATE REVISED: July 2023 ESSENTIAL DUTIES AND RESPONSIBILITIES: Note: All City of Fayetteville positions require employees to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees (especially members of their own team), and have regular and reliable attendance that is non -disruptive. Other essential duties of this position include the following: 1. Utilize Civic Plus software, Microsoft Office Suite, and Laserfiche to develop processes that increase efficiency and adhere to federal, state, and local rules. 2. Maintain a current knowledge of City projects, services, issues and community events to provide information to internal and external customers. Research City records and respond to difficult or sensitive inquiries and complaints. 3. Use judgment and tact to direct visitors and callers to the appropriate division, county office, state agency, business or individual. 4. Monitor, create, and edit the Office of the City Clerk Treasurer's section of the City's internal and external website. 5. Monitor, create, and edit the Office of the City Clerk's Laserfiche forms. 6. Monitor, create, and edit the Office of the City Clerk's forms workflow and data collection. 7. Monitor and determine processes that need to be updated in order to increase efficiency or effectiveness within the department. 8. Maintain the organization of files located in the City Clerk Drive. Create and edit file pathways for more effective ease of use. 9. Retrieve, create, and edit records stored in/on all mediums within the Office of the City Clerk Treasurer. 10. Gather data for reports and budgets regarding technologies that are used by the Office of the City Clerk Treasurer. 11. Update boards and committees, including posting vacancies and ads, opening applications, sorting and sending information to council, calling and scheduling appointments. 12. Conduct regular, recurring content reviews within the department and periodic audits of the department's section of the City's website. Ensure links are working properly, pages are free from grammar or other errors, pages are ADA compliant and information is written at an accessible level for ease of understanding. Deputy Clerk — Communications July 2023 1 Page 463 of 1140 13. Work with the Information Technology Department and vendors to support, maintain and expand the department's portion of the website's functionality and ensure access to forms or any process that increases efficient pubic interaction with the government. 14. Write, edit and publish social media releases that follow the City's best practices and protocols. 15. Create materials to effectively promote the use of the public and staff calendar. This may include print materials, photos, landing pages, video, graphics, flyers, posters, signs, and questionnaires for how the department can better serve the City. 16. Oversee work contracted to external vendors that involve the use of software and hardware technologies. 17. Assist with responding to Freedom of Information Act (FOIA) requests. 18. Assist with providing responses to media inquiries and requests. 19. Serve as the primary contact for updating the City's board, committee, and commission's members as well as the rules established to serve on the board. 20. Serve as the first back-up for the Document Systems Specialist and the third back-up for the Deputy Clerk Codifier. 21. Perform any other duties or tasks as assigned. SECONDARY DUTIES AND RESPONSIBILITIES include the following: 1. Assist in providing calendar maintenance, meeting organization for department heads and schedule meeting rooms, prepare, and distribute the finalized weekly public and staff meetings calendars. 2. Assist with posting the public meetings to the website and prepare public notices for publication that conform to prescribed style and format. 3. Assist with interacting with the administration and City Attorney's office to provide current agenda information for city council meetings, committees, commissions, department directors, staff and the public. 4. Assist with answering multiple phone lines and direct calls to the appropriate division or agency. 5. Perform secondary duties as assigned. MINIMUM QUALIFICATIONS 1. Bachelor's degree from an accredited college or university in information systems or other related degree; or Associate's degree in a related field with five (5) years of experience. 2. Five (5) years of professional experience in an information systems role with one year of project management experience. 3. Previous experience working on content management systems for an organization or brand and be familiar with document management systems. 4. Ability to create or edit pictures, graphics, and visual assets through design software. 5. Must successfully pass criminal background check, including but not limited to convictions, guilty pleas, or no contest pleas to violent offenses, theft offenses and any offense under A.C.A. 21-15-103 and A.C.A. 21-15-111. Deputy Clerk — Communications July 2023 2 Page 464 of 1140 6. Bilingual preferred (English/Spanish). 7. Must be proficient in the use of a computer, utilizing word processing and spreadsheet applications and other related software programs. Must be able to become proficient in using applications for document management, legislative workflow and other programs. 8. Valid driver's license is required. 9. Effectively communicate with others orally and in writing. 10. Ability to read legal documents and contracts. 11. Must have the ability to respond in a professional manner to common inquiries or complaints from citizens, regulatory agencies, or members of the business community. 12. Must have knowledge of administrative practices and procedures. 13. Must be able to effectively operate and have advanced knowledge of standard office equipment as well as show the ability to learn to operate non-standard office equipment including scanners, and microfilm readers/printers. 14. Must be able to multi -task and prioritize workload with frequent interruptions. 15. Must have the ability to use addition, subtraction, multiplication and division. 16. Must have physical abilities to communicate effectively with others verbally (including on the telephone) and in writing and understand others' communications, both verbal and in writing. While performing the functions of this job, the employee is regularly required to sit; move from location to location; use hands to finger, handle or feel; manipulate computer keyboard; and reach with hands and arms. Specific vision abilities to accomplish computer and office work. Frequent light lifting and carrying of up to 10 pounds. Occasional lifting and carrying of up to 20 pounds. Deputy Clerk — Communications July 2023 3 Page 465 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 TO: Mayor Jordan and City Council THRU: FROM: DATE: October 1, 2023 CITY COUNCIL MEMO 2023-1134 SUBJECT: Establishment of the Fayetteville Youth Advisory Council RECOMMENDATION: Council Member D'Andre Jones is sponsoring an ordinance to establish the Fayetteville Youth Advisory Council BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Youth Advisory Council - Council Member Jones (#3), ARML - Establishing a Youth Council (3) (#4), Youth_Council_2023_06_WEB Arkansas Municipal League (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 466 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1134 Establishment of the Fayetteville Youth Advisory Council AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN §33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, many municipalities use youth councils to inject fresh ideas and youth perspectives into local decision -making; and WHEREAS, youth councils can promote community service and foster a better understanding among young people of how municipal government works; and WHEREAS, youth councils are an excellent means of promoting regular and active civic engagement among young people, which is vitally important to provide the knowledge, skills and abilities to the next generation of local leaders; and WHEREAS, the City of Fayetteville desires to create a youth council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXVI Fayetteville Youth Advisory Council in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.380 Purpose The purpose of the Fayetteville Youth Advisory Council is to advise and make appropriate recommendations to the City Council regarding issues of special interest to youths within the City. 33.381 Composition; Membership The Fayetteville Youth Advisory Council shall consist of eight members who are residents of the City of Fayetteville and are actively enrolled in a public or private high school in grades nine through twelve. One member shall be a City Council member appointed by the Mayor. (A) The members shall be appointed by the City Council and each member appointed shall serve a term of two years, unless grade twelve is completed during the term, at which time the position shall be Page 1 Page 467 of 1140 Ordinance: File Number: 2023-1134 declared vacant. (B) Terms shall be staggered for the initial members appointed to the Fayetteville Youth Advisory Council and those initial terms shall end on either March 31, 2025 or March 31, 2026. (C) Irregular vacancies shall be filled as they occur and regular vacancies shall be filled by appointment so that the new member's term begins on April 1 of each year. 33.382 Officers The Fayetteville Youth Advisory Council shall elect a chairperson to conduct meetings and a vice chairperson to conduct meetings in the absence of the chairperson. The Fayetteville Youth Advisory Council may also elect a secretary to take minutes. Elections shall be held at the first regular meeting after annual appointments are made by the City Council. 33.383 Duties and Responsibilities The Fayetteville Youth Advisory Council shall have the duties and responsibilities to: (A) Evaluate and review problems facing youth in the city. (B) Facilitate neighborhood meetings with youth to discuss problems, needs and suggested improvements for our community. (C) Meet regularly with the Mayor's representative and the appointed City Council member to share ideas and discuss issues, concerns and needed improvements. (D) Attend, if desired, City Council meetings and participate in vision and goal sessions. (F) Present recommendations to the City Council and Mayor on important public projects and programs affecting the youth of Fayetteville. (G) Assist in planning youth/recreation activities. (H) Evaluate and advise the City Council and Mayor on issues forwarded to the Fayetteville Youth Advisory Council for advice. 33.384 Meetings The Fayetteville Youth Advisory Council shall hold at least one regular meeting per month during the school year, with the option to meet more often as needed or desired. All meetings shall be public and public records of such meetings shall be kept by the office of the City Clerk." Page 2 Page 468 of 1140 CivicClerk ID No.: 2023-1134 AGENDA REQUEST FORM FOR: Council Meeting of October 17, 2023 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE APPROVED FOR AGENDA: Approved by email 9/30/2023 Council Member D'Andre Jones Date IFAA�& Sr. Asst. City Attorney Blake Pennington Approved as to form 10/1 /2023 Date Page 469 of 1140 ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXVI FAYETTEVILLE YOUTH ADVISORY COUNCIL IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, many municipalities use youth councils to inject fresh ideas and youth perspectives into local decision -making; and WHEREAS, youth councils can promote community service and foster a better understanding among young people of how municipal government works; and WHEREAS, youth councils are an excellent means of promoting regular and active civic engagement among young people, which is vitally important to provide the knowledge, skills and abilities to the next generation of local leaders; and WHEREAS, the City of Fayetteville desires to create a youth council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXVI Fayetteville Youth Advisory Council in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.380 Purpose The purpose of the Fayetteville Youth Advisory Council is to advise and make appropriate recommendations to the City Council regarding issues of special interest to youths within the City. 33.381 Composition; Membership (A) The Fayetteville Youth Advisory Council shall consist of eight members who are residents of the City of Fayetteville and are actively enrolled in a public or private high school in grades nine through twelve. One member shall be a City Council member appointed by the Mayor. (B) The members shall be appointed by the City Council and each member appointed shall serve a term of two years, unless grade twelve is completed during the term, at which time the position shall be declared vacant. (C) Terms shall be staggered for the initial members appointed to the Fayetteville Youth Advisory Council and those initial terms shall end on either March 31, 2025 or March 31, 2026. Page 470 of 1140 (D) Irregular vacancies shall be filled as they occur and regular vacancies shall be filled by appointment so that the new member's term begins on April 1 of each year. 33.382 Officers The Fayetteville Youth Advisory Council shall elect a chairperson to conduct meetings and a vice chairperson to conduct meetings in the absence of the chairperson. The Fayetteville Youth Advisory Council may also elect a secretary to take minutes. Elections shall be held at the first regular meeting after annual appointments are made by the City Council. 33.383 Duties and Responsibilities The Fayetteville Youth Advisory Council shall have the duties and responsibilities to: (A) Evaluate and review problems facing youth in the city. (B) Facilitate neighborhood meetings with youth to discuss problems, needs and suggested improvements for our community. (C) Meet regularly with the Mayor's representative and the appointed City Council member to share ideas and discuss issues, concerns and needed improvements. (D) Attend, if desired, City Council meetings and participate in vision and goal sessions. (E) Present recommendations to the City Council and Mayor on important public projects and programs affecting the youth of Fayetteville. (F) Assist in planning youth/recreation activities. (G) Evaluate and advise the City Council and Mayor on issues forwarded to the Fayetteville Youth Advisory Council for advice. 33.384 Meetings The Fayetteville Youth Advisory Council shall hold at least one regular meeting per month during the school year, with the option to meet more often as needed or desired. All meetings shall be public and public records of such meetings shall be kept by the office of the City Clerk. PASSED and APPROVED this APPROVED: M. day of 92023. ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Page 471 of 1140 Arkansas Municipal League Establishing a Youth Council Table of Contents 5 What is a youth council? 5 Why create a youth council? 5 Youth councils enable local councils/commissioners to: 6 Who serves on the youth council? 6 First Meeting —Orientation 6 Second Meeting —Swearing In of Council Members 7 Third Meeting —Team Building and Bylaws 7 Fourth Meeting —Additional Team Building and Action Plan 8 What should the youth council do? 9 Appendix 1: Sample resolution creating a Youth Council 10 Appendix 2: Sample letter inviting students to apply for a newly established Youth Council 11 Appendix 3: Sample Youth Council application form 15 Appendix 4: Sample Youth Council oath of office 16 Appendix 5: Sample Youth Council bylaws 20 Appendix 6: Sample Youth Council mission statement Page 472 of 1140 5 What is a youth council? A youth council is an advisory body composed of local youth (usually high school students). They provide advice and counsel to the local governing body and its affiliated advisory and regulatory boards, as well as other community organizations. Additionally, youth councils can implement and participate in a variety of youth -identified community initiatives. Why create a youth council? According to the Census Bureau, 24.6 percent of the U.S. population is under the age of 18. Young people are the future of our communities. Therefore, it is vitally important that they are vested with the knowledge, skills and abilities to be the next generation of local leaders. Youth councils are an excellent means of doing so because they promote regular and active civic engagement among youth. Youth councils promote civic engagement among youth by: • Giving them formal decision -making experience; • Offering real -world experiences with elected and advisory bodies; • Teaching them about the role of councils, boards and commissions; • Providing them with an opportunity to develop leadership skills and learn how local government operates; • Increasing communication between youths and adults, and among youths themselves; • Increasing youth volunteerism; and • Enhancing classroom civic education. Youth councils enable young people to: • Communicate their concerns regarding local matters that affect them; • Directly participate in local government; and • Make decisions and take action to potentially improve their community. Youth councils enable local councils/commissioners to: • Be more representative of the community as a whole; • Gain insight into the dynamic perspective of the community's young people; • Encourage youths to be more actively engaged in the political process; • Improve services that directly affect young people; and • Be more sustainable. Page 473 of 1140 C Who serves on the youth council? • At least one, and as many as three, representatives from each grade (grades 9-12). • Include a representative from private, charter and home school. • Include students from diverse backgrounds. • Minimum GPA of 2.5 on a 4 point scale. • Recruit students from a variety of Fayetteville High Schools. • Potential council members should be students who have a proven record of leadership, goal setting, commitment to community service and community values, and who want to create positive opportunities for other youth in the community. First Meeting —Orientation Once youth council members have been selected, the first order of business should be to hold an orientation meeting to establish the youth council as a safe, fun forum that members will look forward to attending. The initial meeting should essentially be a "get to know you session" where youth council members have an opportunity to learn more about each other and the youth council liaison. In order to do so, students can participate in an icebreaker activity and team -building exercises. The orientation meeting also should have an informational component where members learn more about the purpose and mission of the youth council and discuss some of the member/meeting requirements. Of course, youth council members should be able to contribute their own ideas regarding the purpose, mission and requirements of the youth council and its members. The first meeting should last about two hours, setting the standard for time requirements for future meetings. Second Meeting —Swearing In of Council Members After the orientation meeting, youth council members should be required to attend the next scheduled city council/board of directors meeting. At the meeting, the youth council should be welcomed as an official advisory board and youth council members should be sworn in by the local government officials (youth council facilitators will need to place this on the meeting agenda in advance). Page 474 of 1140 7 Third Meeting —Team Building and Bylaws The next youth council meeting should begin with some additional icebreaker and team -building exercises, followed by member creation of their own youth council bylaws. Have members consider the following topics when discussing and codifying the bylaws: • Purpose/mission/goals. • Membership and membership requirements. • Member at -large requirements. • Meetings (structure, length, frequency). • Attendance requirements. • Officers/roles (members are likely to need to be placed in additional representative capacities such as voting seats on advisory boards). • Parliamentary authority (the procedural rules for the conduct of meetings). • Quorum (the number of members who must be present in order to conduct the business of a meeting). • Subcommittees. • Programs and activities. (See Appendix 6 for example of youth council bylaws/procedural guidelines.) (See Appendix 7 for example of a mission statement.) Fourth Meeting —Additional Team Building and Action Plan Begin the fourth meeting with a team -building activity. Next, discuss with council members issues they want to address and goals they wish to accomplish as a council throughout the year. Use the information to create an "Action Plan," which will help in planning topics for future meetings. You will then be able to coordinate activities and guest speakers accordingly. For example, if students are interested in discussing the issues of teen drug and alcohol use or gang violence in schools, you can schedule a law enforcement officer specializing in one of these areas as a guest speaker during the appropriate meeting. Or, if students express interest in funding the development of a new park, you can schedule a parks and recreation employee and/or a local developer to discuss implications and potential costs. Page 475 of 1140 What should the youth council do? Aside from advising local government officials, youth councils can implement and participate in a variety of activities. Some of these activities may include: • Conduct a youth forum for all local high school students on topics of concern for youths. • Raising Student Voice & Participation (RSVP), a student engagement program sponsored by the National Association of Student Councils and the National Association of Secondary School Principals provides a format for student -led youth forums. More information is available online at www.nasc.us. • Create a youth council publication to be distributed at local middle and high schools or as a leaflet in a local newspaper. • Organize community service projects such as: • Stream and/or street cleanups. • Senior center volunteering. • Tutoring or mentoring youths (e.g., "big brother/big sister" programs). • Organizing drives (e.g., for food, clothes, school supplies, holiday gifts, etc.) • Volunteering at a food bank or shelter. • Lead a citywide educational or advocacy campaign addressing a youth -identified issue of concern (e.g., water conservation, global warming, school bullying/violence, reduce, reuse, recycle, etc.). • Conduct interviews with local government officials and city staff to be aired on local public access channels. • Advocate for development projects on behalf of local youth (e.g., building a skate park or athletic field). • Plan and organize fundraising events for youth -related development projects and/or charitable causes. • Job shadowing day with city elected officials and department heads. • Organize a "Careers in City Government" career day at local schools. • Act as liaisons between city council and local youth through school announcements. Promote civic involvement of other local youth by spearheading civic -minded clubs/organizations in school. • Attend city council/board meetings (perhaps one member could be present at each meeting and report back to the youth council on topics covered). • Maintain a local youth council website that provides relevant information to local youth. • Attend professional development workshops on leadership, setting goals, public speaking, etc. • Attending or hosting city forums, conferences and events in order to represent youth perspectives. • Evaluate and advise the city council and mayor on issues forwarded to the city youth council for advice. Page 476 of 1140 E Appendix 1: Sample resolution creating a Youth Council A RESOLUTION OF THE CITY OF FAYETTEVILLE, ARKANSAS CREATING THE YOUTH COUNCIL AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, many municipalities use youth councils to inject fresh ideas and youth perspectives into local decision -making; and WHEREAS, youth councils can promote community service and foster a better understanding among young people of how municipal government works; and WHEREAS, youth councils are an excellent means of promoting regular and active civic engagement among young people, which is vitally important to provide the knowledge, skills and abilities to the next generation of local leaders; and WHEREAS, as such, the City of Fayetteville desires to create a Youth Council; and WHEREAS, the City of Fayetteville finds that this resolution is in the best interest and welfare of the residents of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAYETTEVILLE, ARKANSAS, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Creation of the Youth Council Committee. The City Council hereby creates a citizens committee, to be known as the Fayetteville Youth Council to advise and make appropriate recommendations to the City Council regarding issues of special interest to youths within the city. City Council member is hereby appointed liaison to the Youth Council and shall report to the City Council as to the Youth Council's activities on a regular basis. Section 3. Composition of the Council. The Youth Council shall consist of 10 students and shall be appointed as follows: Ten students to be elected by Fayetteville Youth Council Section 4. Effective Date. The resolution shall take effect immediately upon adoption. PASSED and ADOPTED this day of , 2023 Page 477 of 1140 10 Appendix 2: Sample letter inviting students to apply for a newly established Youth Council Dear Parent/Guardian, The City of Fayetteville is proud to announce a new and exciting opportunity for rising 9th — 12th grade students. The city's new Youth Council will provide our youth with an opportunity to increase their knowledge of civic education through practical hands-on experience. The Youth Council will be composed of 12 9th-12th grade students who will be charged with representing youth in the City of Fayetteville The Youth Council will: • Involve youth in local government though participation on local boards and commissions; • Increase youth voice and communication in the city's future direction; • Increase volunteerism among youth and adults in civic affairs; and • Enhance civic education through education and training. Youth Council members will be selected through an application process. An ideal Youth Council will be composed of a diverse group of young people that represent all youth in Fayetteville. Our primary criterion for selection will be a demonstration that the young person wants to make a difference in Fayetteville and we will give them an opportunity to do just that. Youth Council members will be voting members from the 9th-12th grades. Members will take part in all council activities and learn the role of a city council member. All members will be required to attend monthly meetings. We will be distributing Youth Council applications through the schools in early March. Applications will be due in late May with our first meeting in July. Please discuss this exciting opportunity with your high school students and encourage them to apply for service on the Youth Council. If you have additional questions about the Youth Council process, please contact at Page 478 of 1140 11 Appendix 3: Sample Youth Council application form City of Fayetteville Youth Council Application The vision for the Youth Council is to empower caring youth dedicated to personal development and servant leadership. If you are interested in applying for membership to the council, please complete the following application. Applicants MUST be a city resident and be in the grades 9 through 12. Please type or print clearly in blue or black ink. You may attach additional sheets if necessary. ALL information must be completed in order to be considered for the Youth Council. Name: School: Age: _ Grade: Home Address: Zip: Telephone: Cell: E-mail: Parent/Guardian: Optional Information: The City of Fayetteville does not discriminate based on race, ethnicity, sex, creed, national origin or disability. This information need not be provided. It is requested to facilitate the City of Fayetteville's goal of assembling a diverse group. Omitting this information will not affect your application. Race or ethnic group: American Indian African American Asian White Middle Eastern Hispanic If Other, please specify Gender: Female Male Other, please specify Pronouns: Page 479 of 1140 12 Birth date: Please check all that apply: I have transportation to get to Youth Council meetings/events. I initiated my interest in this program. I was asked to apply for this program. If the third box was checked, who asked you to apply? Their position: Their organization: Why do you want to serve as a member of the Youth Council? (Feel free to attach a sheet of paper.) What are the three most important issues to you, your friends and your family concerning your neighborhood? 1. 2. 3. Page 480 of 1140 13 Please list any other activities you will be involved in during the school year. Include employment, sports, community, school and religious groups. What personal skills and characteristics do you possess that would make you a good representative? If you could bring one thing to this city or change one thing, what would it be? Are you willing to attend the meetings, events and activities of the Youth Council for one year and commit to making a difference in our city? Yes No Please list two adult references (non -relatives) with phone numbers. You must also attach letters of recommendation from these individuals. Please include one letter from your school principal or other school based personnel or one letter from a community member who is familiar with you. Name of Recomendaer Page 481 of 1140 14 Position of Recomender Relation to Recomender Phone number of Recomender I have read and understand the commitment required for the Youth Council. I also realize the importance of teamwork and cooperation and I am willing to make this commitment. Student signature: Date: Parent/Legal Guardian permission: I give my permission for position of representative on the Youth Council. Signature of Parent/Guardian: Date: Emergency phone number: Emergency cell number: Name of emergency contact and relationship to youth: Deadline to apply: September 15th Mail to: City of Fayetteville to seek the Page 482 of 1140 15 Appendix 4: Sample Youth Council oath of office The following is a sample oath of office for new members of your Youth Council. Oath of Office City of Fayetteville, Arkansas I, Fayetteville Youth Council do solemnly swear or affirm that I will support, uphold and defend the Constitution of the United States of America, and the laws thereof, that I will support, uphold and defend the Constitution and laws of the State of Arkansas, not inconsistent therewith, that I will observe and obey the laws and ordinances of the City of Fayetteville, Arkansas; that I will faithfully perform and discharge the duties incumbent upon me as member of the Fayetteville Youth Council fairly and honestly and to the best of my skills and abilities. Council Member Executed the day of 520 Page 483 of 1140 IR Appendix 5: Sample Youth Council bylaws ARTICLE I MEMBERSHIP Section 1—Representation The City Youth Council shall seek in its membership a diverse representation reflecting the community of Fayetteville. Section 2—Membership Qualification All members must live within the city limits of Fayetteville and must be between the grades of 9-12. Section 3—Term Limits Terms shall be for one year, or until the student transfers or graduates from high school. Members may re -apply provided they remain within the grade limits of the membership qualifications. Section 4—Application Process Members of the City Youth Council shall be chosen through an application process. Interested parties shall complete a simple application form. The current Youth Council shall review the application and select new members of the Youth Council Section 5—Conduct Each member of the Youth Council must conduct themselves in a positive, friendly and law-abiding manner at all times. Unruly and abusive behavior will not be tolerated and is grounds for dismissal from the Youth Council. ARTICLE II OFFICES Section 1—Offices The City Clerk shall serve as temporary chair for purposes of presiding over the election of the Youth Council Chairperson. The Youth Council shall elect from its members a Chairperson, Vice Chairperson, Secretary, and Treasurer. The candidate receiving a majority vote of the Youth Council members shall be elected. Section 2—Officer Duties The duties of the officers shall be as follows: A. The Chairperson shall preside at the meetings of the Youth Council and shall be charged with the administration of the affairs of the Youth Council with assistance from the office of the City Page 484 of 1140 17 Clerk. The Chairperson shall perform such other duties as provided by these bylaws or by rule of the Youth Council. B. The duties of the Vice Chairperson shall be to perform the duties and exercise the power of the Chairperson during the absence of the Chairperson. C. The Secretary shall determine a quorum for the meeting and report back to the City Clerk. The Secretary shall conduct the roll call at the start of the meeting. The Secretary shall preside at the meetings of the Youth Council and perform the duties and exercise the power of the Chairperson during the absence of both the Chairperson and the Vice Chairperson. D. The treasurer shall report on the finances of the Youth Council and on fundraising activities. Section 3—Election of Officers The officers of the Youth Council shall be elected annually. The officers of the Youth Council shall be elected by a majority vote of the voting members present. Section 4—Term of Officers The term of all offices provided for in Article II hereof shall be for one year; however, all officers shall continue to hold office until their successors are elected. Officers of the Youth Council shall be elected at the first Youth Council meeting held in October of each calendar year. Section 5—Vacancies of Officers Should a vacancy occur in an office of the Youth Council by resignation, removal or by some other reason, the office shall be filled by an election for the vacant office at the next regular meeting of the Youth Council. ARTICLE III MEETINGS Section 1—Regular Meetings Regular meetings of the Youth Council shall be held once a month. The principal meeting place of the Youth Council shall be at Fayetteville City Hall. Robert's Rules of Order shall govern the proceedings of the Youth Council in all cases to which they are applicable, and in which they are not inconsistent with these bylaws. Matters for consideration by the Youth Council shall be presented only at Youth Council meetings. Before convening a meeting of the Youth Council, the Chairperson of the Youth Council shall inform the office of the City Clerk of the subject matter of the meeting. The office of the City Clerk shall give public notice of the Meeting in accordance with the requirements of the Arkansas Freedom of Information Act. This notice shall include posting on the city's official website. Page 485 of 1140 Section 2—Special Meetings Special meetings may be called upon the request of the Chairperson. Requests for special meetings shall be sent via electronic mail, or by telephone, to the office of the City Clerk at least 48 hours before the time of the meeting. This request shall include the reason or reasons for requesting the special meeting. The office of the City Clerk shall notify every member of the Youth Council via electronic mail or by telephone. No subjects other than those stated in the notice shall be considered at the special meeting. Section 3—Open meetings All meetings of the Youth Council shall be open to the public and be subject to all requirements of the Arkansas Freedom of Information Act. Section 4—Quorum The presence of a majority of the entire membership of the Youth Council shall constitute a quorum for a meeting of the Youth Council. A quorum is necessary to transact official business at any meeting. Section 5—Voting The affirmative vote of a majority of the members present shall be necessary to adopt a recommendation to be forwarded to the Youth Council for review and/or possible action. Section 6—Order of Business The Chairperson of the Youth Council shall, when present, call the members of the Youth Council to order. Before proceeding to business, the role of the members shall be called, and the names of those present (and absent) entered in the minutes. If a quorum is present, the order of the business shall be: A. Pledge of Allegiance. B. Approval of the minutes of the previous meeting. C. Unfinished business. D. Matters for consideration. E. Announcements. F. Adjournment. Section 7—Recordings of Meetings The proceedings of the Youth Council shall be recorded by the Secretary. Records shall be preserved in accordance with the record retention schedule established by the office of the City Clerk. Page 486 of 1140 19 Section 8—Conduct of Members No member of the Youth Council shall interfere with the orderly progress of the meeting by leaving their seat or engaging in unnecessary conversation. Any member exercising any unprofessional conduct shall be reported to the City Council. Section 9—Attendance Attendance at regular Youth Council meetings is expected from all members. If a member cannot attend due to sickness or for a duly authorized reason, the member shall notify the office of the City Clerk who shall notify the Chairperson of the Youth Council. Any member who fails to appear and answer to their name when the roll is called at any regular meeting or special meeting shall be recorded as absent (excused or unexcused). Any member of the Youth Council who misses three consecutive meetings (excused or unexcused) shall be reported to the City Council. ARTICLE IV REPORTS Section 1—Annual Report to the Youth Council The Chairperson or their designee shall make a report to the City Council of the activities and business of the Youth Council at least once each calendar year. ARTICLE V ROLE OF THE CITY COUNCIL Section 1—Role of the City Council The City Council shall receive recommendations for the Youth Council. The City Council shall provide support staff to the Youth Council to assist them in carrying out their duties. The City Council shall communicate upcoming issues to the Youth Council so they may respond and participate accordingly. ARTICLE VI BYLAWS AND AMENDMENTS Section 1—Bylaws and Amendments The bylaws of the Youth Council shall be reviewed once each year. The bylaws may be amended at a regular stated meeting provided two-thirds of the members of the Youth Council approve the amendment in a roll call vote, providing further that the amendment is part of the agenda for the meeting and the membership has been notified in writing. Bylaws and amendments must be approved by the City Council in order to take effect. Page 487 of 1140 20 Appendix 6: Sample Youth Council mission statement Mission Statement of the Fayetteville Youth Council To provide Fayetteville youth with the opportunity to participate in the city's decision -making process through recommendations to the City Council that address youth issues, promote existing positive programs, and develop programs, projects, and activities for the young people if the City of Fayetteville, thereby promoting and encouraging the youth to become effective leaders in the community by helping shape the future of Fayetteville. Page 488 of 1140 Arkansas Municipal League Establishing a Youth Council S jAUNICI ��'IA KE A , G June 2023 Page 489 of 1140 Page 490 of 1140 Table of Contents INTRODUCTION......................................................5 What is a youth council?...............................................6 Why create a youth council?............................................6 Youth councils enable local councils/commissioners to: ...................... 6 Is your city ready for a youth council?.....................................6 Who creates and oversees the youth council? ..............................7 Who serves on the youth council?........................................7 How do you establish a youth council?....................................7 NowWhat?..........................................................9 First Meeting—Orientation..............................................9 Second Meeting —Swearing In of Council Members .........................9 Third Meeting —Team Building and Bylaws.................................9 Fourth Meeting —Additional Team Building and Action Plan ..................10 What should the youth council do?......................................10 Appendix 1: Sample ordinance creating a Youth Council ....................11 Appendix 2: Sample resolution creating a Youth Council.....................12 Appendix 3: Sample letter inviting students to apply for a newly established Youth Council...........................................................13 Appendix 4: Sample Youth Council application form ........................14 Appendix 5: Sample Youth Council oath of office ...........................16 Appendix 6: Sample Youth Council bylaws................................17 Appendix 7: Sample Youth Council mission statement ......................20 Appendix 8: Sample publicity action plan.................................20 Appendix 9: Sample ideas for new and existing youth councils ...............21 3 Page 491 of 1140 Page 492 of 1140 INTRODUCTION In January of 2007, Mark Stodola was sworn in as mayor of the city of Little Rock and served until Janu- ary of 2019. During his time as mayor of the state's capital city he was elected to serve as president of the Arkansas Municipal League and as president of the National League of Cities. As president, he made promoting civic education one of his priorities, recognizing that the future success of cities lies in the hands of our youth. He spoke about how students are receiving little or no civic or educational instruc- tion on local or state government. Surveys and studies have shown that a large percentage of high school students know little about their governments. While many of Arkansas' cities already have youth councils, we wanted to create a document that would serve as a "road map" for other municipalities that want to increase youth engagement through similar programs. These special citywide councils are composed of students, often from different high schools within the city, and serve as an advisory board to your city council or board of directors. These students are the leaders of tomorrow and it is important to expose them to municipal government at an early age. We hope that your city or town will consider forming a youth council. The Arkansas Municipal League would like to thank the Florida League of Cities and the North Carolina Youth Advisory Council for providing information for this document. For more information, contact Mark Stodola, League consultant, at mstodola@barberlawfirm.com or by phone at 501-375-6725. Page 493 of 1140 What is a youth council? A youth council is an advisory body composed of local youth (usually high school students). They provide advice and counsel to the local governing body and its affiliated advisory and regulatory boards, as well as other community organizations. Additionally, youth councils can implement and participate in a variety of youth -identified community initiatives. Why create a youth council? According to the Census Bureau, 24.6 percent of the U.S. population is under the age of 18. Young people are the future of our communities. Therefore, it is vitally important that they are vested with the knowl- edge, skills and abilities to be the next generation of local leaders. Youth councils are an excellent means of doing so because they promote regular and active civic engagement among youth. Youth councils promote civic engagement among youth by: • Giving them formal decision -making experience; • Offering real -world experiences with elected and advisory bodies; • Teaching them about the role of councils, boards and commissions; • Providing them with an opportunity to develop leadership skills and learn how local government operates; • Increasing communication between youths and adults, and among youths themselves; • Increasing youth volunteerism; and • Enhancing classroom civic education. Youth councils enable young people to: • Communicate their concerns regarding local matters that affect them; • Directly participate in local government; and • Make decisions and take action to potentially improve their community. Youth councils enable local councils/commissioners to: • Be more representative of the community as a whole; • Gain insight into the dynamic perspective of the community's young people; • Encourage youths to be more actively engaged in the political process; • Improve services that directly affect young people; and • Be more sustainable. Is your city ready for a youth council? The following three components serve as positive indicators that your city is poised to establish a local youth council: • Concern —Local leaders recognize some degree of need for youth insight in public decision making. • Trust —Local leaders envision youth in a meaningful, visible and advisory role. • Change —Local leaders are willing to modify existing codes or adopt specific ordinances to promote youth involvement on councils, boards and commissions. 0 Page 494 of 1140 Who creates and oversees the youth council? It is up to the governing body to decide exactly who will create and oversee the youth council. In some communities a department such as parks and recreation is given the task. In others, a full-time city employee (such as the public information officer or assistant city manager) is vested with the task as part of their job responsibilities. Whatever the governing body decides, the youth council should be aligned with the mayor or city clerk's office for the purposes of housing the council's meetings and funding various initiatives. It is important to keep in mind that the primary purpose of the youth council is to advise local govern- ment officials, to learn about the community and give back to the community through volunteerism. Therefore, it is important that the council is truly viewed as an essential part of the local government structure and not relegated to the side. Who serves on the youth council? When thinking about the composition of the student component of a youth council, the following should be considered: • Include at least one, and as many as four, representatives from each grade of the local high schools (grades 9-12). • Include a representative from private, charter and home school. • Include students from diverse backgrounds. • Consider minimum requirements in terms of GPA and number of excused school absences. (It is often not the students with the highest GPAs and attendance rates who would benefit most from be- ing selected for the youth council. Along the same lines, the city may benefit more from the feedback of students who may not be the highest academic achievers.) • Think about the geographic area from which you will be recruiting. If your city plans on recruiting through the schools, make sure you consider that not all students in the school district live within the city limits. The important thing is that you are recruiting from a variety of geographic areas within your city. • Potential council members should be students who have a proven record of leadership, goal setting, commitment to community service and community values, and who want to create positive oppor- tunities for other youth in the community. • Consider representatives from local youth organizations already in existence. • Consider students who are not necessarily "the usual suspects.' Do not simply select all student government presidents. How do you establish a youth council? A. Make it official —First and foremost, a municipality should adopt a resolution or ordinance that establishes a youth council. The resolution/ordinance should include sections that specify the following: • Establishment of youth council. • Membership composition (How many representatives should the youth council have? How many representatives should there be from each school? From each grade level?). • Appointment (What will the application process entail? Who will make the final selection of members?). • Length of terms. • Member rights, powers, duties, authority, discretion and privileges. • Compensation for the youth council liaison if not included in scope of work. 7 Page 495 of 1140 • Organizational structure. • Meeting requirements and procedures. • Fundraising. (See Appendix 1 for an example ordinance establishing a youth council.) B. Invest in the youth council —Align your youth council with the mayor's or city clerk's office through provision of funding and staffing. Develop a thoughtful, inclusive and rigorous application process. C. Connect, publicize, recruit —Work with parents and schools to publicize the program: • Send a letter to all parents/guardians describing the purpose and goals of the youth council, the application and selection process, and a contact person for further questions. (See Appendix 3 for an example of a parent letter. See Appendix 4 for an example of a youth council application form.) • Ask civics and economics teachers to share with students information about the purpose and importance of youth councils and the details on applying for the local youth council. • Ask school counselors to actively solicit student applications for the youth council. • Have an elected official visit classrooms and clubs. • Request an assembly in which the youth council liaison can discuss specifics with potential candidates. • Develop posters or flyers for classrooms and counselors' offices. • Post information on websites that are visited frequently by high school students (e.g., school web - sites, Facebook, etc.). Make efforts to advertise in the community (outside of schools): • Contact supervisors of local youth programs/groups, such as Boy Scouts, Girl Scouts, church youth groups, youth sports teams, etc. • Partner with local youth outreach programs, such as the YMCA and 4-H. • Run an advertisement in local newspapers/publications. • Make announcements at youth conferences or summits. • Put flyers up in popular youth "spots;' such as the mall, local record stores, athletic fields, etc. • Ask local radio disc jockeys (or perhaps your local NPR affiliate) to make a short plug on air. D. Make Decisions —Thoroughly evaluate applicants in a competitive process. You may wish to hold interviews, either in person or over the phone, to narrow down prospective candidates. You may also want to have a small committee of people, including youth, evaluate the final applicants. Once decisions have been made, the youth council liaison should return to the schools to acknowledge the selected members, send acceptance letters and/or make congratulatory phone calls, Additionally, the decision should be honored through a formal vote by the council/commissions. Likewise, a polite letter should be sent to all applicants who were not selected, encouraging them to apply again in the future. 0 Page 496 of 1140 Now What? First Meeting —Orientation Once youth council members have been selected, the first order of business should be to hold an orienta- tion meeting to establish the youth council as a safe, fun forum that members will look forward to attend- ing. The initial meeting should essentially be a "get to know you session" where youth council members have an opportunity to learn more about each other and the youth council liaison. In order to do so, students can participate in an icebreaker activity and team -building exercises. The orientation meeting also should have an informational component where members learn more about the purpose and mission of the youth council and discuss some of the member/meeting require- ments. Of course, youth council members should be able to contribute their own ideas regarding the purpose, mission and requirements of the youth council and its members. The first meeting should last about two hours, setting the standard for time requirements for future meetings. Second Meeting —Swearing In of Council Members After the orientation meeting, youth council members should be required to attend the next scheduled city council/board of directors meeting. At the meeting, the youth council should be welcomed as an official advisory board and youth council members should be sworn in by the local government officials (youth council facilitators will need to place this on the meeting agenda in advance). Third Meeting —Team Building and Bylaws The next youth council meeting should begin with some additional icebreaker and team -building exercises, followed by member creation of their own youth council bylaws. Have members consider the following topics when discussing and codifying the bylaws: • Purpose/mission/goals. • Membership and membership requirements. • Member at -large requirements. • Meetings (structure, length, frequency). • Attendance requirements. • Officers/roles (members are likely to need to be placed in additional representative capacities such as voting seats on advisory boards). • Parliamentary authority (the procedural rules for the conduct of meetings). ■ You may want to ask a member of your municipality's governing body to attend this meeting and present a workshop regarding parliamentary authority and procedural rules. Students can use what they learn to establish their own procedures based on the city council's procedures. • Quorum (the number of members who must be present in order to conduct the business of a meeting). • Subcommittees. • Programs and activities. (See Appendix 6 for example of youth council bylaws/procedural guidelines.) (See Appendix 7 for example of a mission statement.) Additional note: the bylaws members create may require amendments to the city's resolution/ordinance establishing the youth council. 0 Page 497 of 1140 Fourth Meeting —Additional Team Building and Action Plan Begin the fourth meeting with a team -building activity. Next, discuss with council members issues they want to address and goals they wish to accomplish as a council throughout the year. Use the information to create an "Action Plan," which will help in planning topics for future meetings. You will then be able to coordinate activities and guest speakers accordingly. For example, if students are interested in discussing the issues of teen drug and alcohol use or gang violence in schools, you can schedule a law enforcement officer specializing in one of these areas as a guest speaker during the appropriate meeting. Or, if students express interest in funding the development of a new park, you can schedule a parks and recreation employee and/or a local developer to discuss implications and potential costs. What should the youth council do? Aside from advising local government officials, youth councils can implement and participate in a variety of activities. Some of these activities may include: • Conduct a youth forum for all local high school students on topics of concern for youths. ■ Raising Student Voice & Participation (RSVP), a student engagement program sponsored by the National Association of Student Councils and the National Association of Secondary School Principals, provides a format for student -led youth forums. More information is available online at www.nasc.us. • Create a youth council publication to be distributed at local middle and high schools or as a leaflet in a local newspaper. • Organize community service projects such as: ■ Stream and/or street cleanups. ■ Senior center volunteering. ■ Tutoring or mentoring youths (e.g., "big brother/big sister" programs). ■ Organizing drives (e.g., for food, clothes, school supplies, holiday gifts, etc.) ■ Adopt -a -pet. ■ Volunteering at a food bank or shelter. • Lead a citywide educational or advocacy campaign addressing a youth- identified issue of concern (e.g., water conservation, global warming, school bullying/violence, reduce, reuse, recycle, etc.). • Conduct interviews with local government officials and city staff to be aired on local public access channels. • Advocate for development projects on behalf of local youth (e.g., building a skate park or athletic field). • Plan and organize fundraising events for youth -related development projects and/or charitable causes. • Job shadowing day with city elected officials and department heads. • Organize a "Careers in City Government" career day at local schools. • Act as liaisons between city council and local youth through school announcements. • Promote civic involvement of other local youth by spearheading civic -minded clubs/organizations in school. • Attend city council/board meetings (perhaps one member could be present at each meeting and report back to the youth council on topics covered). • Maintain a local youth council website that provides relevant information to local youth. • Attend professional development workshops on leadership, setting goals, public speaking, etc. • Attending or hosting city forums, conferences and events in order to represent youth perspectives. 10 Page 498 of 1140 Appendix 1: Sample ordinance creating a Youth Council An ordinance of the City of ARTICLE Sec. Creation. creating the city's Youth Council. BOARDS AND COMMISSIONS CITY YOUTH COUNCIL There is created a board to be known as the city youth council which shall consist of members from each high school in the city. The members will be city residents who are actively enrolled in a public or private high school in grades nine through twelve. The members shall be appointed by the city council and each member appointed shall serve a term of two years, unless grade twelve is completed during the term, at which time the position shall be declared vacant. Of the initial members appointed to the first board, shall serve for a term of two years and shall serve for a term of one year. Unlike other boards, the term of the members of the city youth council will expire and be appointed in the month of each year. The members will attend board meetings and, along with city staff, coordinate activities. Sec. . Elections of officers. The city youth council shall elect a chairman to conduct meetings and a vice chairman to conduct meetings in the absence of the chairman. The city youth council will also elect a secretary to take minutes and a treasurer to report on finances. Elections shall be held at the first regular meeting after annual appointments are made by the city commission. Sec. . Vacancies. Irregular vacancies on the city youth council shall be filled as they occur and regular vacancies shall be filled by appointment in the month of of each year. Sec. . Meetings; records. The city youth council shall hold at least one regular meeting per month during the school year, with the option to meet more often as needed or desired. Public records of such meetings shall be kept by the office of the city clerk. All meetings shall be public under the Arkansas Freedom of Information Act. Sec. . Absences from meetings. Absences from three consecutive regular meetings of the city youth council shall cause a member to be automati- cally removed from their seat, unless such absence is excused by a majority vote of the council, with such excuse duly entered upon its minutes. Sec. . Duties and responsibilities. The city youth council shall have the duty and responsibilities to: Evaluate and review problems facing youth in the city. Facilitate neighborhood meetings with youth to discuss problems, needs and suggested improvements for our community. Meet regularly with the mayor and city council to share ideas and discuss issues, concerns and needed improvements. Attend city council meetings and participate in vision and goal sessions. 1. Present recommended improvements to the city council and mayor of public projects and programs. 2. Assist in planning youth/recreation activities. 3. Evaluate and advise the city council and mayor on issues forwarded to the city youth council for advice. 11 Page 499 of 1140 Appendix 2: Sample resolution creating a Youth Council RESOLUTION A RESOLUTION OF THE CITY OF , ARKANSAS CREATING THE YOUTH COUNCIL AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, many municipalities use youth councils to inject fresh ideas and youth perspectives into local decision -making; and WHEREAS, youth councils can promote community service and foster a better understanding among young people of how municipal government works; and WHEREAS, youth councils are an excellent means of promoting regular and active civic engagement among young people, which is vitally important to provide the knowledge, skills and abilities to the next generation of local leaders; and WHEREAS, as such, the City of desires to create a Youth Council; and WHEREAS, the City of finds that this resolution is in the best interest and welfare of the resi- dents of NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF , ARKANSAS, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Creation of the Youth Council Committee. The City Council hereby creates a citizens com- mittee, to be known as the Youth Council to advise and make appropriate recommendations to the City Council regarding issues of special interest to youths within the city. City Council member is hereby appointed liaison to the Youth Council and shall report to the City Council as to the Youth Council's activities on a regular basis. Section 3. Composition of the Council. The Youth Council shall consist of _ students and shall be appointed as follows: student(s) to be appointed by the City Council (two per council member) and students to be selected from high schools in the city. Section 4. Effective Date. The resolution shall take effect immediately upon adoption. PASSED and ADOPTED this day of , 2023 Mayor of Attest: City Clerk APPROVED AS TO FORM City Attorney 12 Page 500 of 1140 Appendix 3: Sample letter inviting students to apply for a newly established Youth Council A sample letter inviting students to apply for a newly established Youth Council. Dear Parent/Guardian, The City of is proud to announce a new and exciting opportunity for rising 9th - 12th grade students. The city's new Youth Council will provide our youth with an opportunity to increase their knowledge of civic education through practical hands-on experience. The Youth Council will be composed of 20 9th-12th grade students who will be charged with representing youth in the City of The Youth Council will: • Involve youth in local government though participation on local boards and commissions; • Increase youth voice and communication in the city's future direction; • Increase volunteerism among youth and adults in civic affairs; and • Enhance civic education through education and training. Youth Council members will be selected through an application process. An ideal Youth Council will be composed of a diverse group of young people that represent all youth in . Our primary criterion for selection will be a demonstration that the young person wants to make a difference in and we will give them an opportunity to do just that. Youth Council members will be voting members from the 9th-12th grades. Members will take part in all council activities and learn the role of a city council member. All members will be required to attend monthly meetings. We will be distributing Youth Council applications through the schools in early August when the students return to school. Applications will be due in with our first meeting in . Please discuss this exciting opportunity with your high school students and encourage them to apply for service on the Youth Council. If you have additional questions about the Youth Council process, please contact at Sincerely, 13 Page 501 of 1140 Appendix 4: Sample Youth Council application form City of Mayor's Youth Council Application The vision for the Mayor's Youth Council is to empower caring youth dedicated to personal development and servant leadership. If you are interested in applying for membership to the council, please complete the following application. Applicants MUST be a city resident and be in the grades 9 through 12. Please type or print clearly in blue or black ink. You may attach additional sheets if necessary. ALL information must be completed in order to be considered for the Mayor's Youth Council. Name: School: Home Address: Telephone: E-mail: Parent/Guardian: Optional Information: Age: Grade: Zip: Cell: The City of does not discriminate based on race, ethnicity, sex, creed, national origin or disability. This information need not be provided. It is requested to facilitate the City of goal of assembling a diverse group. Omitting this information will not affect your application. Race or ethnic group: American Indian African American Asian White Middle Eastern Hispanic Other, please specify Gender: Female Male. Birth date: Please check all that apply: I have transportation to get to Youth Council meetings/events. I initiated my interest in this program. I was asked to apply for this program. By whom? Position: Organization: Why do you want to serve as a member of the Mayor's Youth Council? (Feel free to attach a sheet of paper.) What are the three most important issues to you, your friends and your family concerning your neighborhood? 1. 2. 3. 14 Page 502 of 1140 Please list any other activities you will be involved in during the school year. Include employment, sports, community, school and religious groups. What personal skills and characteristics do you possess that would make you a good representative? If you could bring one thing to this city or change one thing, what would it be? Are you willing to attend the meetings, events and activities of the Youth Council for one year and commit to making a difference in our city? Yes No Are you interested in community service points for this project? Yes No Please list two adult references (non -relatives) with phone numbers. You must also attach letters of recom- mendation from these individuals. Please include one letter from your school principal or other school - based personnel or one letter from a community member who is familiar with you. I have read and understand the commitment required for the Mayor's Youth Council. I also realize the importance of teamwork and cooperation and I am willing to make this commitment. Student signature: Date: Parent/Legal Guardian permission: I give my permission for of representative on the Mayor's Youth Council. Signature of Parent/Guardian: Date: Emergency phone number: Emergency cell number: Name of emergency contact and relationship to youth: Deadline to apply: Mail to: City of Thank You to seek the position 15 Page 503 of 1140 Appendix 5: Sample Youth Council oath of office The following is a sample oath of office for new members of your Youth Council. Youth Council Oath of Office City of , Arkansas I, do solemnly swear or affirm that I will support, uphold and defend the Constitution of the United States of America, and the laws thereof; that I will support, uphold and defend the Constitution and laws of the State of Arkansas, not inconsistent therewith, that I will observe and obey the laws and ordinances of the City of , Arkansas; that I will faithfully perform and discharge the duties incumbent upon me as member of the Youth Council fairly and honestly and to the best of my skills and abilities. Council Member Executed the day of 2023. 16 Page 504 of 1140 Appendix 6: Sample Youth Council bylaws ARTICLE I MEMBERSHIP Section 1—Representation The City Youth Council shall seek in its membership a diverse representation reflecting the community of Section 2—Membership Qualification All members must live within the city limits of and must be between the grades of 9-12. Section 3—Term Limits Terms shall be for two years, or until the student transfers or graduates from high school. Members may re -apply provided they remain within the grade limits of the membership qualifications. Section 4—Application Process Members of the City Youth Council shall be chosen through an application process. Interested parties shall complete a simple application form. The City Council shall review the application and select members of the Youth Council Section 5— Appointment of Members Each member of the City Council shall appoint two members to the Youth Council. Section 6—Conduct Each member of the Youth Council must conduct themselves in a positive, friendly and law-abiding manner at all times. Unruly and abusive behavior will not be tolerated and is grounds for dismissal from the Youth Council. ARTICLE II OFFICES Section 1—Offices The City Clerk shall serve as temporary chair for purposes of presiding over the election of the Youth Council Chairperson. The Youth Council shall elect from its members a Chairperson, Vice Chairperson, Secretary And Treasurer. The candidate receiving a majority vote of the Youth Council members shall be elected. Section 2—Officer Duties The duties of the officers shall be as follows: A. The Chairperson shall preside at the meetings of the Youth Council and shall be charged with the administration of the affairs of the Youth Council with assistance from the office of the City Clerk. The Chairperson shall perform such other duties as provided by these bylaws or by rule of the Youth Council. B. The duties of the Vice Chairperson shall be to perform the duties and exercise the power of the Chairperson during the absence of the Chairperson. C. The Secretary shall determine a quorum for the meeting and report back to the City Clerk. The Secretary shall conduct the roll call at the start of the meeting. The Secretary shall preside at the meetings of the Youth Council and perform the duties and exercise the power of the Chairperson during the absence of both the Chairperson and the Vice Chairperson. D. The treasurer shall report on the finances of the Youth Council and on fundraising activities. Section 3—Election of Officers 17 Page 505 of 1140 The officers of the Youth Council shall be elected annually. The officers of the Youth Council shall be elected by a majority vote of the voting members present. Section 4—Term of Officers The term of all offices provided for in Article II hereof shall be for one year; however, all officers shall continue to hold office until their successors are elected. Officers of the Youth Council shall be elected at the first Youth Council meeting held in of each calendar year. Section 5—Vacancies of Officers Should a vacancy occur in an office of the Youth Council by resignation, removal or by some other reason, the office shall be filled by an election for the vacant office at the next regular meeting of the Youth Council. ARTICLE III MEETINGS Section 1—Regular Meetings Regular meetings of the Youth Council shall be held once a month. The principal meeting place of the Youth Council shall be at City Hall. Robert's Rules of Order shall govern the proceedings of the Youth Council in all cases to which they are applicable, and in which they are not inconsistent with these bylaws. Matters for consideration by the Youth Council shall be presented only at Youth Council meetings. Before convening a meeting of the Youth Council, the Chairperson of the Youth Council shall inform the office of the City Clerk of the subject matter of the meeting. The office of the City Clerk shall give public notice of the Meeting in accordance with the requirements of the Arkansas Freedom of Information Act. This notice shall include posting on the city's official website. Section 2—Special Meetings Special meetings may be called upon the request of the Chairperson. Request for special meetings shall be sent via electronic mail, or by telephone, to the office of the City Clerk at least 48 hours before the time of the meeting. This request shall include the reason or reasons for requesting the special meeting. The office of the City Clerk shall notify every member of the Youth Council via electronic mail or by telephone. No subjects other than those stated in the notice shall be considered at the special meeting. Section 3—Open meetings All meetings of the Youth Council shall be open to the public and be subject to all requirements of the Arkansas Freedom of Information Act. Section 4—Quorum The presence of a majority of the entire membership of the Youth Council shall constitute a quorum for a meeting of the Youth Council. A quorum is necessary to transact official business at any meeting. Section 5—Voting The affirmative vote of a majority of the members present shall be necessary to adopt a recommendation to be forwarded to the Youth Council for review and/or possible action. Section 6—Order of Business The Chairperson of the Youth Council shall, when present, call the members of the Youth Council to order. Before proceeding to business, the roll of the members shall be called, and the names of those present (and absent) entered in the minutes. If a quorum is present, the order of the business shall be: A. Pledge of allegiance. B. Approval of the minutes of the previous meeting. C. Unfinished business. 18 Page 506 of 1140 D. Matters for consideration. E. Announcements. F. Adjournment. Section 7—Recordings of Meetings The proceedings of the Youth Council shall be recorded by the Secretary. Records shall be preserved in accordance with the record retention schedule established by the office of the City Clerk. Section 8—Conduct of Members No member of the Youth council shall interfere with the orderly progress of the meeting by leaving their seat or engaging in unnecessary conversation. Any member exercising any unprofessional conduct shall be reported to the City Council. Section 9—Attendance Attendance at regular Youth Council meetings is expected from all members. If a member cannot attend due to sickness or for a duly authorized reason, the member shall notify the office of the City Clerk who shall notify the Chairperson of the Youth Council. Any member who fails to appear and answer to their name when the roll is called at any regular meeting or special meeting shall be recorded as absent (excused or unexcused). Any member of the Youth Council who misses three consecutive meetings (excused or unexcused) shall be reported to the City Council. ARTICLE IV REPORTS Section 1—Annual Report to the Youth Council. The Chairperson or their designee shall make a report to the City Council of the activities and business of the Youth Council at least once each calendar year. ARTICLE V ROLE OF THE CITY COUNCIL Section 1—Role of the City Council The City Council shall receive recommendations for the Youth Council. The City Council shall provide support staff to the Youth Council to assist them in carrying out their duties. The City Council shall com- municate upcoming issues to the Youth Council so they may respond and participate accordingly. ARTICLE VI BYLAWS AND AMENDMENTS Section 1—Bylaws and Amendments The bylaws of the Youth Council shall be reviewed once each year. The bylaws may be amended at a regular stated meeting provided two-thirds of the members of the Youth Council approve the amendment in a roll call vote, providing further that the amendment is part of the agenda for the meeting and the membership has been notified in writing. Bylaws and amendments must be approved by the City Council in order to take effect. Adopted on this day of , 202_. Chairperson Secretary 19 Page 507 of 1140 Appendix 7: Sample Youth Council mission statement Mission Statement of the Youth Council To provide youth with the opportunity to participate in the city's decision -making process through recommendations to the City Council that address youth issues, promote exist- ing positive programs, and develop programs, projects and activities for the young people if the City of , thereby promoting and encouraging the youth to become effective leaders in the community by helping shape the future of Appendix 8: Sample publicity action plan PUBLICITY ACTION PLAN There are several steps that can be taken to promote and publicize your youth council: ✓ Get the local media involved from the beginning! ✓ Be sure to designate a contact person for your youth council who can be reached by the media (ideally this would be your youth council coordinator, someone who works for the city). ✓ Write a guest editorial that talks about your youth council and its activities and submit it to your newspaper's opinion page editor. ✓ Schedule an editorial board meeting with your local newspaper(s) to formally discuss your city's youth council. Be sure to include city and school representatives. ✓ Notify the education reporter or one that covers city activities for your local newspaper. Invite the reporter to sit in on or be a part of any meetings or activities you have. ✓ Keep reporters informed of your activities. Send the local newspaper(s), television and radio stations(s) a media advisory to alert them to upcoming activities and a press release(s) to publicize your activities. ✓ As you coordinate with school officials and other groups, encourage them to assist you in generative publicity. ✓ Consider scheduling an interview about your projects/activities on local television or radio talk shows and/or your cable public access channel. ✓ Highlight your activities on your city's website or social media sites, with a link to the city council website. Be sure to put your website address on all communications with the media. ✓ If you conduct an event during Arkansas City Government Week, you can publicize participation and pride in the city government. Your event can be coordinated with other Arkansas City Govern- ment Week activities. ✓ Be sure to send thank you letters to the newspaper reporter/editor if you receive favorable press on the event. ✓ Dont forget to plan for and take good quality photos for reprint in local publications and for dis- semination. The Arkansas Municipal League would be interested in these photos for possible use in their publications. 20 Page 508 of 1140 Appendix 9: Sample ideas for new and existing youth councils Getting started/first-year councils: 1. Get to know your youth council members. Learn each member's skills and interests. 2. Hold meetings and focus groups with community members to receive ideas on what the com- munity needs from the council. (Reach out to all groups in your city to make sure that you are representing the broadest possible base.) 3. Compile data for decision -making. (Examples: demographics, existing resources and services, and effectiveness of current services.) 4. Teach new members how city government works. (See steps 43-51.) 5. Create a mission statement. 6. Create a youth council logo. 7. Design a shirt to wear for special events. 8. Plan fundraisers to provide funds for council projects. 9. Establish youth council duties and positions. Hold mock municipal elections with the youth of the city. 10. Report regularly to the city council or commission. 11. Provide additional training to council members in areas such as college prep, leadership, team- work, diversity, healthy habits or professional image. Community Service Projects: 12. Create a "shop squad" to pick up groceries or medicine for the elderly or disabled. 13. Host a 5K run to support a charity. 14. Make gifts for kids in the hospital. (Examples: Distribute valentines, Halloween candy or holiday toys.) 15. Sponsor food and clothing drives. 16. Start a recycling program in your schools. 17. Donate food to families in need for the holidays. 18. Sponsor trash cleanup days for parks, streets or waterways. (Examples: Hold a citywide cleanup day, or have the council adopt a city street.) 19. Build community or school garden. 20. Create a website or social media campaign for a cause. 21. Partner with a local homeless shelter. 22. Host social and recreational activities that are drug- and alcohol -free, such as educational lock -ins. 23. Hold recycling collection dates for hazardous items, technology, etc. 24. Help with local events such as parades or festivals. 25. Connect low-income children or youth with local members of law enforcement during the holiday season to "Shop with a Cop." 26. Establish a "buddy program" to hang out with youth who have special needs. 27. Create a mural that depicts the values of your community. 21 Page 509 of 1140 Education/Outreach to Community: 28. Promote civic involvement with other youth through social media platforms. 29. Promote voting among youth. 30. Establish relationships with businesses and nonprofit organizations. (Example: Work with a local newspaper or radio or television station to promote and educate citizens on the work of your youth council.) 31. Lobby for issues important to youth. 32. Hold workshops on peer pressure, bullying or other problems facing teens. 33. Teach other interested groups about government via articles, seminars or videos. 34. Create a brochure about your council to give to local schools. 35. Reach out to younger youth to encourage them to join the youth council. (Invite them to a youth council meeting.) 36. Hold citywide study sessions for specific subjects or general exams. 37. Help your city promote and participate in Arkansas City Government Week. 38. Host an online scavenger hunt that promotes city services or your city's history. 39. Create videos about your city government or its staff. 40. Host a competition to find the best solution to a municipal problem. Getting to Know Your Government: 41. Hold mock city council meetings and elections. 42. Hold a meet and greet with city staff. 43. Attend youth council conferences including the one held at National League of Cities' annual conference. 44. Have a "City Day" when municipal leaders meet with the youth in the community to speak on what municipal leaders do or to discuss issues in the community. 45. Create a shadow council. (Spend the day with a city council member, board members or city administrator.) 46. Invite guest speakers to talk about government, voting, mentoring or leadership. 47. Spend a day touring the state capitol, city departments or local history museums. 48. Attend the National League of Cities Civic Education Program during the Legislative Action Day. 49. Attend city council meetings or open houses. 22 Page 510 of 1140 23 Page 511 of 1140 MuN►c��gt tt. �Q' 9 yQr C IT V H ALL �11 C% TAA T r�r,Fs MARE P V��P Arkansas Municipal League P.O. Box 38 North Little Rock, AR 72115-0038 501-374-3484 www.arml.org Establishing a Youth Council Page 512 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1171 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: September 29, 2023 SUBJECT: Resolution authorizing a Real Estate Purchase Contract with Reindl Properties, Inc. for the Construction of a mixed -use building on the Ramble/Cultural Arts Corridor Civic Plaza RECOMMENDATION: Staff recommends approval of a resolution authorizing the mayor to sign the Real Estate Purchase Contract that includes terms of the development agreement with Reindl Properties, Inc., for the land sale of approximately .5 acres in the amount of $1,247,455.00 and authorize the mayor to execute all closing documents. BACKGROUND: Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a series of public design charettes. The design chosen by participants who engaged in the process consists of a gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within the ground floor. A Request for Proposals (RFP) process solicited competitive development proposals for a public private partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an approximately 14,300 square foot building footprint with a height limit of seven stories and three primary facades. Additionally, the city requested that the building be constructed of high -quality and lasting materials that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District. The RFP, issued in August 2021, was advertised on several platforms, including on the Costar website which provides market -leading research on commercial real estate properties in nearly all markets and sub -markets. The RFP was downloaded by over 100 interested parties. A non -mandatory pre -proposal conference held in September, 2021 was attended by over 30 participants. Additional Background: Key to the design and planning of the overall spaces are the public private partnerships that can help activate the space and provide a mixed use, sales tax generating, downtown development project to complement the city's investment in The Ramble. Partners are both private developers and philanthropic support efforts. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 513 of 1140 Initial design for this transformative project was made possible by a 2017 grant from the Walton Family Foundation's Design Excellence Program. Award -winning landscape architects Nelson Byrd Woltz (NBW) were selected to design the corridor with the primary goals of: • Increasing public access and strengthening the surrounding neighborhood, • Leveraging the connected trail network, • Demonstrating a commitment to sustainability, and • Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new ways. There are five primary elements included in plans for the Cultural Arts Corridor bond project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woods, The Razorback Greenway, and a new parking deck one block north of the corner of West Ave. and Dickson Street. In April 2019, citizens of Fayetteville voted to authorize a $31,685,000 bond for construction of the Cultural Arts Corridor Improvements. Arts Corridor improvements to the Fay Jones Woods, the southern portion of the Razorback Regional Greenway, and the southern portion West Ave. began in September 2020 with construction completed in September, 2022. Construction of the new parking deck began in January 2022 with completion planned in October of 2023. In June 2021, after a 5-month public renaming process, the City announced The Ramble as the new name for the Cultural Arts Corridor. On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high - quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Their team includes: • Brian Reindl - Developer and owner of the adjacent Metro Building along with several other properties in and around downtown Fayetteville. • Rob Sharp - Architect and designer of several Fayetteville projects including: Three Sisters Building, Mill District, The Dickson Building and most recently the Network Building, which was designed to be the first net zero mixed -use building in Fayetteville. The LOI specifies that the final development agreement includes a termination and buy back clause requiring Reindl properties to start construction on the new building within 12 months of the completion of the Civic Space. Also, Reindl Properties met with organizations for additional community input on the ways in which the proposed building will interact with the plaza and civic space. As indicated in the LOI renderings, the proposed mixed -use building will be substantial and striking. The building's proposed uses will increase the liveliness of the adjacent Civic Plaza and attract visitors to the downtown. Hotel guests will eat, shop and recreate in the area, providing benefit to many existing local businesses. Initial analysis shows that the project would provide approximately $300,000 per year in sales and HMR taxes to the City plus another $63,000 per year in property tax to the City of Fayetteville for the general fund, library and fire and police departments. The construction impact of this $40 million construction project will approximately yield another $175,000 in sales tax revenue. On October of 2022, Council passed Resolution 256-22 Authorizing the Mayor to Sign the Letter of Intent Defining Development Agreement terms with Reindl Properties Inc., for a Public Private Partnership for Construction of the Mixed -Use building at the Ramble Civic Plaza. DISCUSSION: Since the approval of the Resolution: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 514 of 1140 • City staff and design consultants with Nelson Byrd Woltz have worked with Reindl Properties to finalize the building footprint in relationship to the trail relocation and relative to the final design of the Civic Plaza. • Staff has worked with Reindl Properties to secure independent third -party appraisals. The City provided to Reindl a list of 5 appraisal firms with experience in commercial real estate. From that list, Reindl selected three firms. The 3 firms provided certified property value reports. The average of the 3 was used for the agreed to values. • Major terms and conditions for a proposed Agreement are included in this Real Estate contract as Drafted by Vicki Bronson of Connors and Winters Law Firm. BUDGET/STAFF IMPACT: Revenues will be recognized after the closings. Net proceeds from this real estate contract will be applied to the Restrooms/Storage located in the building, and Civic Plaza Improvements. ATTACHMENTS: Copy of SRF-Real Estate Purchase Agreement South Civic Plaza (#3), Real Estate Purchase Contract (City Reindl) Redline 9-27-23 (002) (#4), Exhibit 1 (#5), Apprasials and Summary South Civic Plaza (#6), 601 W Center St Deed (#7), 256-22 RESOLUTION (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 515 of 1140 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1171 Resolution authorizing a Real Estate Purchase Contract with Reindl Properties, Inc. for the Construction of a mixed -use building on the Ramble/Cultural Arts Corridor Civic Plaza A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0.5 ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $1,247,455.00 WHEREAS, in October 2022, the City Council approved Resolution 256-22 authorizing the Mayor to sign the Letter of Intent Defining Development Agreement terms with Reindl Properties Inc. for a Public Private Partnership for Construction of the Mixed -Use building at the Ramble Civic Plaza; and WHEREAS, Mayor Jordan recommends that the City Council approve the terms of the sale set out in the real estate purchase contract negotiated with Reindl Property, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a real estate purchase contract with Reindl Properties, Inc., a copy of which is attached to this Resolution, for the land sale of approximately 0.5 acres in the amount of $1,247,455.00, and further authorizes the Mayor to execute all closing and other documents necessary to effectuate the sale. Page 1 Page 516 of 1140 City of Fayetteville Staff Review Form 2023-1171 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 9/29/2023 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Adopting an Ordinance authorizing the mayor to sign the Real Estate Purchase Contract the includes the terms of the development agrement with Reindl Properties, Inc. for the South Civic Plaza land sale of approximately .5 acres in the amount of $1,247,455.00 and authorize a Trail Easement purchase in the amount of $259,084.00 Account Number Project Number Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # 256-22 Change Order Number: Original Contract Number: Comments: Approval Date: Page 517 of 1140 REAL ESTATE PURCHASE CONTRACT THIS REAL ESTATE PURCHASE CONTRACT (this "Contract") is made and executed as of the 29th day of September, 2023, by and between REINDL PROPERTIES, INC. and or Affiliates ("Buyer") and CITY OF FAYETTEVILLE, ARKANSAS ("Seller") as follows: 1. THE PROPERTY For the price and upon and subject to the terms, conditions and provisions set forth in this Contract, Seller shall sell and convey to Buyer and Buyer shall purchase from Seller that certain real estate owned by Seller located adjacent to West Avenue and Spring Street in Fayetteville, Washington County, Arkansas, (the "Property"), in the approximate location as depicted on Exhibit 1 attached hereto, the exact legal description to be determined by survey, together with all Seller's rights, title and interest in all public and private streets, roads, avenues, alleys and passageways, and all and singular the estates, rights, privileges, easements and appurtenances belonging or in any way appertaining to the Property. 2. PURCHASE PRICE Purchase Price. The purchase price for the Property ("Purchase Price") shall be One Million Two Hundred Forty-seven Thousand Four Hundred Fifty-five Dollars ($1,247,455.00,) to be paid in cash at Closing. 3. DEED On the Closing Date, Seller shall execute a deed to sell and convey to Buyer good and marketable title to the Property by special warranty deed in the form reasonably prescribed by Buyer (the "Deed"), subject to no liens, claims, or encumbrances ("Encumbrances"), except (a) a restriction concerning Prohibited Uses as defined in Paragraph 31; and (b) liens for ad valorem taxes that are not yet due and payable and (c) those title and survey exceptions either waived or approved in writing by Buyer after Buyer's review of the Commitment, Survey (as those terms are hereinafter defined), and legible copies of all title exception documents identified on the Commitment and Survey (the "Permitted Exceptions"). Title to the Real Property as aforesaid shall be insured by the Title Company as provided in Section 5. 4. SURVEY Buyer will order an ALTA survey (the "Survey") within five (5) days of the execution of this Contract. Buyer and Seller will each pay one half of the cost of the Survey. The Survey will include the location and boundaries of the Property and the Public Easement (defined and described in paragraph 30). The Survey and the boundary lines of the areas surveyed therein shall be subject to the mutual agreement of Buyer and Seller. 5. TITLE INSURANCE Commitment and Title Policy. Within ten (10) business days after the date of this Contract, Seller will order a preliminary title insurance commitment (the "Commitment") from 1 Page 518 of 1140 Bronson Abstract Company, Fayetteville, Arkansas (the "Title Company") pursuant to which the Title Company shall agree to issue to Buyer, an ATLA owner's policy of title insurance (the "Title Policy") in the amount of the Purchase Price, insuring marketable fee simple title to the Real Property in Buyer upon recording of the Deed. Seller's Title Documents. Seller shall, at Seller's sole expense, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered to the Title Company, on or before the Closing Date, such affidavits and other documents approved by the Seller, as the Title Company shall require as a condition to issuance of the Title Policy in the form herein provided (collectively, "Seller's Title Documents"). Buyer's Title Documents. Buyer shall, at Buyer's sole expense, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered to the Title Company, on or before the Closing Date, such affidavits and other documents approved by Buyer, as the Title Company shall require as a condition to issuance of the Title Policy in the form herein provided (collectively, "Buyer's Title Documents"). 6. TITLE AND SURVEY DEFECTS Buyer shall have ten (10) days from the receipt of the Title Commitment and copies of documents constituting exceptions to title and the Survey to examine the same and to specify to Seller in writing any matters which Buyer finds objectionable (the "Encumbrances"). Seller shall have thirty (30) days to cure or remove all Encumbrances at its cost and expense. If Seller fails to cause all the Encumbrances to be removed within such 30-day period or if Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, Buyer's remedy shall be to: (i) Terminate this Agreement by giving Seller written notice thereof; (ii) Agree to extend additional time to Seller to cure or remove all Encumbrances; or (iii) Elect to purchase the Property subject to the Encumbrances and the Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the Purchase Price shall not be reduced by any amount. 7. INVESTIGATION BY BUYER Buyer has the right to conduct such due diligence as Buyer deems necessary in Buyer's sole discretion from the date of the execution of this agreement and continuing through five (5) business days prior to Closing; provided, however, Buyer may not conduct any intrusive testing in the subsurface soil or take any bore samples without the prior, written consent of the Seller. If Buyer, in its sole discretion is not satisfied with the results of its due diligence, Buyer may terminate this Contract at any time prior to Closing by providing written notice to Seller, whereupon this Contract shall be terminated and neither party shall have any further obligation to the other party. 2 Page 519 of 1140 8. REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Buyer the following through the date hereof and as of the Closing Date to the best of Seller's knowledge: 8.1 Except as disclosed to Buyer in writing there are no unrecorded leases, arrangements, agreements, understandings, options, contracts, or rights of first refusal affecting or relating to the Property in any way. 8.2 Seller represents and warrants that at the time of acceptance hereof and at Closing, Seller is not a "foreign person" as such term is defined in Section 1445(f) of the Internal Revenue Code of 1954. 8.3 There are no actions, suits, lawsuits, proceedings, or claims affecting any part of the Property, or affecting Seller with respect to the ownership, occupancy, use, or operation of any part of the Property pending in or before any court, agency, commission, or board. 8.4 No petition in bankruptcy (voluntary or otherwise), assignment for the benefit of creditors, or petition seeking reorganization or arrangement or other action under Federal or State bankruptcy laws is pending against Seller. 8.5 Seller has not received notice from any governmental authority, stating that the Property is currently in violation of any zoning, environmental, or other land use regulations or in violation of any required licenses, registrations, certificates, permits, approvals, or other governmental authorizations relating to the use and operation of the Property. If Seller receives such a notice prior to Closing, Seller shall promptly notify Buyer of such a notice and deliver a copy thereof to Buyer. 8.6 Seller has not received any notice relating to its period of ownership of the Property that the Property is in violation of any applicable governmental law, regulation, or requirement relating to environmental or occupational health and safety matters or Hazardous Substances (`Environmental Laws"). As used in this Agreement, the term "Hazardous Substances" means any and all substances, materials, and wastes which are regulated as hazardous or toxic under applicable local, state, or federal law or which are classified as hazardous or toxic under applicable Environmental Laws. 8.7 Seller has not stored, processed, or disposed of hazardous or toxic substances on the Property. 8.8 No underground storage tanks are located on the Property. For the purposes hereof, the term "Seller's Knowledge" means the actual knowledge of , without any duty of inquiry or investigation. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENT DELIVERED BY SELLER, (A) BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER IN CONNECTION WITH THE PROPERTY OR THIS TRANSACTION, (B) SELLER WILL SELL AND CONVEY TO BUYER, AND BUYER WILL ACCEPT THE PROPERTY "AS IS", "WHERE IS", AND "WITH ALL FAULTS" ON THE CLOSING DATE, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR Page 520 of 1140 REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY, AND (C) SELLER DOES NOT, BY THE EXECUTION AND DELIVERY OF THIS AGREEMENT, AND SELLER WILL NOT, BY THE EXECUTION AND DELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND DELIVERED IN CONNECTION WITH CLOSING, MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO THE PROPERTY AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. 9. REPRESENTATIONS AND WARRANTIES OF BUYER Buyer represents and warrants to Seller the following through the date hereof and as of the Closing Date to the best of Buyer's knowledge: 9.1 Buyer represents and warrants that at the time of acceptance hereof and at Closing, Buyer is not a "foreign person" as such term is defined in Section 1445(f) of the Internal Revenue Code of 1954. 9.2 No petition in bankruptcy (voluntary or otherwise), assignment for the benefit of creditors, or petition seeking reorganization or arrangement or other action under Federal or State bankruptcy laws is pending against Buyer. 9.3 Buyer has full authority to enter into this Contract and fulfill all its obligations pursuant therewith. "Buyer's Knowledge" means the actual knowledge of Brian Reindl. 10. TAXES AND ASSESSMENTS No tax prorations will occur because Seller is not subject to real estate taxes. Buyer is responsible for paying all real property taxes and assessments due and payable after the date of Closing. 11. CLOSING COSTS AND ADJUSTMENTS Seller's Costs. Seller shall pay the cost of (1) one-half of the documentary stamps; (2) the cost of the owner's portion of the title insurance policy; (3) one-half the Title Company's closing fee and document preparation fee; (4) the Title Company's title search fee; (5) all certificates, instruments and documents which Seller is required to deliver or cause to be delivered; (6) one-half of the Survey; (8) one-half of the cost of appraisals required in connection with the Purchase Price of the Property or in connection with the Public Easement as provided in this Contract; and (7) its legal fees and expenses. Buyer's Costs. Buyer shall pay the cost of (1) one-half of the documentary stamps; (2) one-half the Title Company's closing fee and document preparation fees; (3) the cost of any loan policy of title insurance including all endorsements required by Buyer's lender; (4) all certificates, instruments and documents which Buyer is required to deliver or cause to be delivered; (5) Buyer's legal fees and expenses; (6) one half of the Survey; and (7) one-half of the cost of any third appraisal required in connection with the Purchase Price of the Property or in connection with the Public Easement as provided in this Contract. rd Page 521 of 1140 12. CONDEMNATION AND CASUALTY If, prior to the Closing Date, all or any part of the Property shall be condemned by governmental or other lawful authority such that the remaining property is insufficient for Buyer to construct the Mixed Use Building (as defined below), Buyer shall have the option, exercised by delivery to Seller of written notice of such election on or before the fifteenth (15th) business day following the date on which Buyer receives from Seller written notice of such condemnation of either (a) completing this transaction, in which event (i) there shall be no reduction of the Purchase Price, (ii) Seller shall have no duty to repair or restore, (iii) Seller shall pay to Buyer all condemnation proceeds received by Seller with respect to such condemnation, and (iv) Seller shall assign to Buyer all rights of Seller in and to such condemnation proceeds, or (b) terminating this Contract. 13. LEASES AND OTHER AGREEMENTS During the period from the date of this Contract to and including the Closing Date, Seller shall not, without the prior written consent of Buyer enter into a lease of the Property that has a term extending beyond the Closing Date. 14. CLOSING Closing Date. Provided all conditions to closing set forth in this Contract have been satisfied or waived by Buyer and Seller, and this Contract has not been terminated in accordance with the provisions herein set forth, the transaction contemplated herein shall close within thirty (30) days of the satisfaction or fulfillment of all conditions of closing, or such other date as is mutually agreeable to Seller and Buyer, PROVIDED, however, that if Closing does not occur on or before , Seller may, in its sole discretion, terminate this Contract and neither party shall have any further obligations to the other party. Such date for the closing of title is herein called the "Closing Date" or such occurrence is called the "Closing" or "closing". Seller's Deliverables. On or before the Closing Date, Seller shall deliver or cause to be delivered to the Title Company the following: (a) Special Warranty Deed; and (b) Seller's Closing Statement and such other documents as Title Company may require at Closing and which are approved by the Seller. Buyer's Deliverables. On or before the Closing Date, Buyer shall deliver or cause to be delivered to the Title Company the following: (a) by federal wire transfer of funds to the Title Company's escrow account an amount equal to (i) the balance of the Purchase Price due at closing, adjusted as herein provided, plus (ii) the aggregate amount of closing costs for which Buyer is responsible as provided herein, all as shown on Buyer's closing statement; (b) and Buyer's Closing Statement and such other documents as Title Company may require at Closing. 15. POSSESSION Exclusive possession of the Property shall be delivered to Buyer on the Closing Date. 16. BROKERAGE Page 522 of 1140 Seller hereby represents and warrants that it has not engaged the services of any real estate agent, broker or firm in connection with the Property or this real estate transaction. Buyer hereby represents and warrants that it has not engaged the services of any real estate agent, broker or firm in connection with the Property or this real estate transaction. 17. SURVIVAL Except as otherwise set forth herein, all warranties, representations, covenants, obligations, and agreements contained in this Contract shall survive the closing hereunder and the transfer and conveyance of the Property and any and all performances hereunder for a period of six (6) months. 18. TIME Time is of the essence of this Contract. 19. NO WAIVER Except as herein expressly provided, no waiver by a party of any breach of this Contract or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by the other party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Contract or of any representation or warranty hereunder by such other party, whether or not the first party knows of such breach at the time it accepts such payment or performance. No failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Contract or shall prevent the exercise of any right by the first party while the other party continues to be so in default. 20. INSTRUMENTS IN WRITING No agreement, consent, approval, notice, amendment, modification, understanding, or waiver of or with respect to this Contract or any agreement, instrument, or document entered into pursuant to or with respect to this Contract, or any term, provision, covenant, or condition hereof or thereof, nor any approval or consent given under or with respect to any of the foregoing, shall be effective for any purpose unless contained in a writing signed by the party against which such agreement, amendment, modification, understanding, waiver, approval or consent is asserted. 21. NOTICES Any and all notices, requests, demands, or other communications hereunder shall be deemed to have been duly given if in writing and if transmitted by hand delivery with receipt therefor, by facsimile delivery (with confirmation by hard copy), by overnight courier, or by registered or certified mail, return receipt requested, first class postage prepaid addressed as follows (or to such new address as the addressee of such a communication may have notified the on Page 523 of 1140 sender thereof) (the date of such notice shall be the date of actual delivery to the recipient thereof): If to Buyer: Reindl Properties, LLC Attn: Brian Reindl 509 W Spring St, Ste 310 Fayetteville, AR 72701 greaterproductions@gmail.com With copy to: Reed Law Firm, P.A. 3301 S. Market St, Ste 211 Rogers, AR 72758 chris@reedlaw-planning.com If to Seller: City of Fayetteville Attn: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 Mayor@fayetteville-ar.gov With a copy to: Vicki Bronson Conner & Winters, LLP 4375 N. Vantage Dr., Suite 405 Fayetteville, AR 72703 vbronson@cwlaw.com Either party may designate a different address or addresses for itself by notice similarly given. Any notice given by registered or certified mail shall be deemed to have been given on the third day after the same is deposited in the mail, and any notice not so given shall be deemed to have been given upon receipt of the same by the party to whom the same is to be given. 22. ENTIRE AGREEMENT This Contract contains the entire agreement with respect to the transactions contemplated herein, and there are no other terms, conditions, promises, understandings, statements, or representations, express or implied, concerning the same, and neither party is relying on any representation or statement not specifically contained herein. 23. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Arkansas. 24. ESTOPPEL 7 Page 524 of 1140 Each party confirms and agrees that (a) it has read and understood all of the provisions of this Contract; (b) it has negotiated with the other party at arm's length with equal bargaining power; and (c) it has been advised by competent legal counsel of its own choosing. 25. JOINT PREPARATION This Contract is deemed to have been jointly prepared by the parties hereto, and any uncertainty or ambiguity existing herein, if any, shall not be interpreted against any parry, but shall be interpreted according to the application of the rules of interpretation for arm's length agreements. 26. ASSIGNMENT Neither party may assign this contract without the prior written consent of the other party. 27. WAIVER OF JURY TRIAL TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CONTRACT. 28. ATTORNEYS FEES If either party is required to bring litigation to enforce its rights under this contract, the prevailing party shall be entitled to recover its attorney's fees and costs, including expert witness fees. 29. CONTINGENCIES In addition to any other conditions or contingencies contained herein, the parties' obligations to close on this transaction are conditioned upon satisfaction of the following conditions on or prior to Closing: A. Buyer and Seller's approval of the Survey. B. Buyer and Seller's approval and execution of a Development Agreement concerning the Mixed -Use Building as more particularly described in Paragraph 31. C. Buyer and Seller's approval and Buyer's execution of the Public Easement, as more particularly described in Paragraph 30. D. Buyer's execution and delivery to Seller of a perpetual easement for the use of the City Restrooms and Storage Space as provided in Paragraph 31. 30. ADDITIONAL CONSIDERATION As additional consideration for the transactions contemplated herein Buyer agrees to grant a permanent easement to Seller for pedestrian walking and biking trails ("Public Easement") located across real property currently owned by Buyer adjacent to the Property. The exact location of the Public Easement shall be determined by the Survey. In consideration for Buyer's conveyance of the Public Easement, Seller will pay Buyer Two Hundred Fifty-nine Thousand Eighty-four Dollars ($259,084.00), which represents the fair market value as determined by the Page 525 of 1140 parties' appraisals and which shall be deducted from the Purchase Price at Closing. A reconciliation of the final price will be done with final survey and closing documents. 31. DEVELOPMENT OF THE MIXED -USE BUILDING A material condition of Seller's agreement to sell the Property to Buyer is for Buyer to develop and construct a Mixed -Use Building ("Building") on the Property as described in that certain Letter of Intent executed between the parties dated effective November 9, 2022. The approval of a Development Agreement by Buyer and Seller concerning the design, construction, and use of the Building and allocation of any shared costs associated with the construction of the City Restrooms and Storage Space is an express condition to the Buyer and Seller's obligations under this Contract. The Development Agreement shall incorporate, at a minimum, the following terms: A. Buyer will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, and must contain a minimum of one restaurant, cafe, or coffee shop at ground level. The Building may include additional uses as necessary to meet the financial goals of the project if approved by Seller. The following Use Units may be allowed, subject to the Seller's prior approval in conjunction with the Seller's typical processes and procedures for considering and approving zoning, development, licenses, and permits, including conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. Provided, however, that nothing contained in this Contract is intended to be nor may be construed to be a promise or agreement that Seller will approve any of the specific uses described above. The uses permitted are subject to Seller's prior approval according to Seller's typical processes and procedures for considering and determining permitted uses. In addition, certain uses which may be allowed under the zoning categories described above require a conditional use permit, including, but not limited to Unit 35: Outdoor Music Establishments. Because of the proximity to the Civic Space (Seller's property adjacent to the Property a/k/a the Ramble) as well as the Walton Arts Center and other local businesses, the use of amplified music on the Property requires specific approval by Seller in advance and is subject to all reasonable conditions which Seller requires, including, but not limited to prohibiting the use of amplified music after 10:00 p.m. Nothing in this Contract is intended to be nor may be construed to be a waiver or release of any of Seller's requirements or conditions for receiving a conditional use permit for any use that may be allowed under the zoning categories stated above. Further provided, none of the following uses will be permitted on the Property (the "Prohibited Uses") at any time: crematorium; mausoleum; funeral home; furniture repair and refinishing; taxidermist; vape shops; body piercing/tattoo; gunsmith; animal hospital; animal day care; day care; bail bonding agencies; hospital; vehicle sales; convalescent home; boarding/rooming housing (other than is typically associated with hotel use); dormitory; 1 Page 526 of 1140 fraternity/sorority housing; and slot car track. Any deed from the Seller conveying the Property to Buyer will contain a restriction against the Prohibited Uses and the restriction will be a restriction that runs with the Property for a minimum of 75 years. B. As befits its prominent location, the Building will be a substantial and attractive building. The Building's design, plans and specifications, including, but not limited to exterior finishes, and site development are subject to Seller's development review process, ordinances, and rules and must be approved by Fayetteville City Council. Nothing in this Contract is intended to or may be construed as a waiver of any of Seller's ordinances, rules, or regulations. C. The Building will have three primary facades; one facing the Civic Space to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. D. The Building shall be designed and built in substantial compliance with the drawings, depictions, and concepts on the attached Exhibit 2 which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibit 2 may not be approved by Fayetteville City Council. E. The design and construction of the Building shall comply with all local, state, and federal building codes, rules, regulations, and laws, including those of Seller. F. Buyer must present its application for Planned Zoning District (PZD) Review approval, along with all required documents no later than July 1, 2024. The Building and associated improvements are subject to approval pursuant to City of Fayetteville Development Review codes, processes, and procedures, including review by Planning Staff, Planning Commission, and City Council. Documents shall include all building facades, floor plans of all levels, infrastructure improvements, multi -use trail details, and all other requirements of City of Fayetteville codes. G. Notwithstanding anything contained herein to the contrary, if Buyer does not secure a Building Permit for the Building within twelve (12) months of substantial completion of Seller's Civic Space, then this Contract and all agreements pertaining to this Contract shall be null and void and neither party shall have any obligations to the other party. H. If Buyer fails to either (a) commence construction of the Building within sixty (60) days of Seller issuing a Building Permit or (b) complete construction of the Building within twenty-four (24) months of issuance of the Building Permit, then Seller at its sole discretion shall have the absolute and unconditional right to buy the Property back from Buyer, and any improvements made as of that date. If Seller elects to exercise its rights under this paragraph, the purchase price Seller will pay Buyer will be the original Purchase Price Buyer paid Seller for the Property, plus the fair market value of the completed improvements on the Property as determined by a third -party real estate appraiser, less all amounts paid by Seller for construction or construction estimates for the City Restrooms and Storage Space. The provisions for selection of appraisers contained in Paragraph 30 also apply to this Paragraph. I. The Building must be designed and constructed to provide a ground floor that is open and inviting to the public on the north side to accentuate and facilitate the use of the Civic 10 Page 527 of 1140 Space. The hotel lobby shall be located on the ground floor and shall be open and inviting. Additionally, a bar, restaurant or cafe and retail uses will be provided on the ground floor. J. Buyer agrees to make a good faith effort to purchase building supplies and materials locally to support sales tax revenue for Seller. K. Buyer must provide all parking required by Seller's parking codes and requirements at Buyer's cost. Buyer must provide the amount of valet parking to Building guests that is usual and typical for the size of the Building. As a condition of this Contract and prior to Closing, Buyer must own or have a written lease for sufficient property to provide parking as required by Seller's parking requirements, including but not limited to City Code sections 172.05 and 156.03C(5). To the extent Seller has any excess parking spaces available Seller agrees to lease the excess parking spaces to Buyer at current market rates. Seller makes no representations that it has any parking spaces available to lease to Buyer. L. All Building loading recycling, and solid waste and associated receptables must be located on the west side of the Building. No such activities will be permitted from or facing any public street. M. The Building design and construction will incorporate sufficient air filtering to promote indoor air quality. N. The Building will be designed and constructed to provide an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. The Building will implement the use of smart energy -management systems to decrease energy use in the Building, including but not limited to the installation of smart systems to avoid heating and cooling vacant rooms. O. Buyer and Seller will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. The amount of the costs of those improvements and an agreement as to which costs will be paid by Seller and which will be paid by Buyer are a condition of this Contract and a condition of Closing. Once the costs for these improvements are established, Buyer and Seller agree to pay their pro-rata share of such costs. P. Seller agrees to pay one half of the cost of extending water and sanitary sewer to the Building's site to provide water and sewer to the City Restrooms. Once the costs for these improvements are established, Seller agrees to pay that amount to Buyer. The amount of such costs must be reasonable and must be approved by Seller in advance in writing. Q. Seller will assist Buyer in coordinating burial of existing power lines to the extent necessary; however, Seller has no obligation to incur any costs associated with burying overhead power lines. R. Buyer is responsible for providing all water, sewer, electrical, cable, telephone, gas, or other utilities to the Building. Seller has no obligation to incur any costs associated with Buyer's installation of utilities except for the costs associated with extending water and sewer to the Building site, if any, for the City Restrooms as described above. If it is necessary for Seller to grant utility easements across its property to provide utilities to the Property, Seller agrees to grant a utility easement, provided however, that the location of the easement and any utility lines and equipment are subject to Seller's prior approval. 11 Page 528 of 1140 S. The Building shall contain public restrooms at street level, accessible from the Frisco Trail to serve trail and other public space users (the "City Restrooms"). The Building shall also contain a storage space for storing equipment associated with the planned performance area of the Civic Space and such other items which City desires ("Storage Space"). In addition: i. All City Restrooms must comply with the Americans with Disabilities Act. ii. Buyer shall be responsible for constructing the City Restrooms and Storage Space to a "white box" finish, subject to Seller's approval of the design. The City Restrooms and Storage Space contain a minimum of 1,600 square feet. The Storage Space shall be located on the west side of the Building for convenient access to the City Space. The approximate location of the City Restrooms and Storage Space are shown on Exhibit 3, attached. iii. The costs of construction of the City Restrooms as a white box finish and the Storage Space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical rough in, plumbing, and HVAC equipment and services, and other elements to be paid by the Seller agreed to prior to commencement of construction of the Building. Buyer is responsible for completing and delivering the City Restrooms in a white box finish and Seller is responsible for contracting for and paying the costs to finish out the interior of the City Restrooms as it deems appropriate with a contractor of its choice. iv. The Seller shall have exclusive use, control, possession, and right to the City Restrooms and Storage Space pursuant to a perpetual exclusive easement to be granted by Buyer, the form of which must be agreed to by the parties and executed prior to or at Closing. Restrooms and storage to be maintained and serviced by the Seller. V. In addition to the City Restrooms, the Building must contain separate public restrooms at ground level for the use of the Building's patrons as required by all Seller, state, and federal ordinances, rules, and regulations. T. The Building shall contain a street level "back of house" space to be used by event organizers in the approximate location as shown on Exhibit 3. U. Buyer, at its expense, will implement, install, and maintain landscaping on the Property as required by Seller pursuant to plans developed by Seller's landscape design architects. V. Seller shall maintain exclusive control of all of Seller's property and exterior spaces adjacent to the Building and Property. Should Buyer desire to use any Seller property, the use must be coordinated with Seller and anchor institutions adjacent to the area, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the Seller to represent its interests in creating a lively and attractive park and Civic Plaza. Buyer must apply for use of Seller's property in the same manner as any other member of the public. W. The Building shall provide a location for the display of local art, to be coordinated between Buyer and local arts organizations, schools, or the Seller. X. All other terms and conditions as the parties may agree. 12 Page 529 of 1140 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written. 1:1111A Do ,;I REINDL PROPERTIES, INC. By: Brian Reindl Date: 13 Page 530 of 1140 ATTEST: By: Kara Paxton, City Clerk -Treasurer SELLER: CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor Date: 14 Page 531 of 1140 EXHIBIT 1 Drawing of appropriate location of the Property 15 Page 532 of 1140 EXHIBIT 2 Conceptual Building design and materials 16 Page 533 of 1140 EXHIBIT 3 Depiction of approximate location of City Restrooms, Storage Space, and back of house space 17 Page 534 of 1140 Ex II BUILDING ENVELOPE TO STAY 3'-0" CLEAR OF EDGE OF PROPOSED GREENWAY / PROPERTY SALE / PROPOSEDLOT / SPLIT BOUNDARY ..�10• ■ ■ EXISTING PROPERTY LINE ''''•••..,, LIMIT OF WORK FOR CIVIC ''''''•-•..,_ SPACE CONSTRUCTION a 0 a 0 a a a a a a . . . . . . . . . . . . . . ----- ------------------- GREENWAY ALIGNMENT AND EASEMENT PROPOSED LOT SPLIT DEVELOPER AGREEMENT J U LY 199 2022 Restrocted use property included in the total sales agreement. "1, 1, 1, 5 1 mw�q�mq Page 535 of 1140 Abernathy, Waylon From: Abernathy, Waylon Sent: Tuesday, November 29, 2022 4:01 PM To: Norton, Susan Subject: List of appraisal firms for South Civic Plaza Site Attachments: APPRAISE.LST.2022.doc Attached is the list of appraisers that I received from our Land Agent. It includes appraisal firms that I had already researched that would be better suited for this type of project. (I omitted one from the original list). Bryan and I discussed the strategy of the City providing a list of 5 firms, in which he would select 3. We would engage all 3 and take the average appraised value. This seems like a fair approach to me. Wade Abernathy Director of Bond Projects and Facilities City of Fayetteville wabernathv(@favetteville-ar.eov T 479-575-8361 CITY OF rFAYETTEVILL■ ARKANSAS Page 536 of 1140 APPRAISERS LIST Quote Time Comments Avaluations, LLC P.O. Box 2991 Fayetteville, AR 72702 Phone (479) 695-1371 Email: avalue(cDcox-internet.com HCA Principal Commercial Appraisals ATTN: Zach J. Holland PO Box 1501 Fayetteville, AR 72702 479-276-2149 holland(abhollandcommercialappr aisals.com The Real Estate Consultants ATTN: Mark Risk P.O. Box 747 118 N. East Avenue Fayetteville, AR 72702 PHONE: 479-442-0762 MOBILE: 479-530-2250 FAX: 479-442-6586 mrisk(cDtrecinc.net Reed & Associates, Inc. ATTN: Tom Reed RFQ20-05 Resolution 104-21 3739 N. Steele Blvd., Suite 140 Fayetteville, AR 72703 PHONE: 479-521-6313 treed (cDreedappraisa1.biz khampton(a-)reedappriasal.biz Ferstl Valuation Services Attn: J T Ferstl 101 W Mountain, Ste 210A&B Fayetteville, AR 72701 PH: 479-595-0245 jtferstl ferstivs.com Narrative Easement Form Fee Simple Letter Other COMMENTS: Photos Required Notify Owner Federal Project Page 537 of 1140 South Plaza Property Apprasials Comparison and Average Holland Commercial Appraisers Ferstl Valuaton Services The Real Estate Consultants Average Tract A Hotel Property Value 1,150,000 1,240,011 1,075,000 1155004 Square Feet 21,927 21,927 21,927 Price/Square Feet $54.00 $54.91 $49.01 52.64 Tract B Limited Use Land Value 58,000 60,952 99,000 92,451 (Based on 2196 square Squae Feet 2196 1100 2196 Price/Square Feet $26.41 $54.91 $45.00 42.10667 Tract C Permanet Trail Easement Value 270,000 385,000 220,000 259,084 (Based on 5220 square Suare Feet 5220 6988 5220 Price/square Feet $51.75 $55.00 $42.15 49.63333 Page 538 of 1140 eet) feet) Page 539 of 1140 Holland Commercial Group MSc; Main Street Lentrt 5�l sy. Ff $ f+ $ EXECUTIVE SUMMARY Civic P!=T-ie subiect --orsiszs jacen _ tr �c- 3f a!-, d' r Jown town ayettevllle s antertalnr enC dISG-ict. Ali Gll-e-2 "a CS 3i Dart �i Dai-enC -,"acts xDect :o be SDIiC uD Tract A +r'-21,927 SgFi — future hotei si:e. Tract B +/-2,196 SgFt — limited use land; no permanent structures allowed Tract E +/-5,220 SgFt permanent easement to re -rout the current Greenway / Frisco Trail. The three tracts are currently being used as paid public parking, but the city has plans to turn the parking lot into a city park and there is a planned hotel to be constructed on Tract A. We are appraising the tracts under the hypothetical condition that the lot splits have already occurred as described by the client. See further extraordinary assumptions and hypothetical conditions on the following page. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 u Page 540 of 1140 Ferstl Valuation Services This analysis is based upon market indicated data, trends, and values as of the date of this report. The appraisers cannot anticipate unforeseen future market variations and or a change including new competitive properties in the marketing area. The appraisers signing this appraisal report have no knowledge concerning the presence or absence of environmental contamination. If such is present, the value of the property may be adversely affected, and a reanalysis at additional cost to estimate the effects of such. This appraisal assignment is not based on a requested minimum valuation, a specific valuation, or the approval of a loan. The following table conveys the final opinions of value developed in this appraisal report. This value is subject to the hypothetical conditions and extraordinary assumptions stated within the appraisal report. 0 5N;. MARKET`LUE CONCLUSION Q VALUA N SCENARIO INTEREST APPRAISED DATE VALUE alp 9� 75 Tact A J Tract B Market Value 1i\10 sw•V4 Fee Simple February 10, 2023 $1,265,000 G,ei�!e - pfWract C - Acquisition Value Fee Simple February 10, 2023 $385,000 =J SSJ s?, If there are any specific questions or concerns regarding the attached Appraisal Report, or if Ferstl Valuation Services can be of additional assistance, please contact our office. Sincerely, FERSTL VALUATION SERVICES ev✓�s1A+ � J�• p � y C�TlitEb CG3734 _ Brad Tharp, MAI, SRA .. Certified General Appraiser Arkansas License No. 3734 Expiration Date: 6/30/2023 btharp�-Co ferstivs.com � s :OMIT ! J.T. Ferstl, J.D., MAI - Certified General Appraiser Arkansas License No. 1750 Expiration Date: 6/30/2023 jtferst1kc0erstivs.com _J L STATE + a . CER_ '7 flESIDENiIAE • CF4331331 Sr�HEY N1Q�r,. Stephen Tharp, SRA Certified Residential Appraiser Arkansas License No. 4331 Expiration Date: 06/30/2023 stharpt-aWerstivs.com FERSTL VALUATION SERVICES File: 12664 Page 541 of 1140 EXECUTIVE SUMMARY PROPERTY Name Commercial Land Property Land - Commercial Land Address N West Avenue City, State Zip Fayetteville, Arkansas 72701 County Washington County MSA Fayetteville -Springdale- Rogers, AR -MO MSA Market / Submarket Northwest Arkansas / Downtown Fayetteville Geocode 36065022,-94.166167 Census Tract 05-143-011302 Number of Parcels Parcel Numbers Property Land Area Total Zoning Shape Topography Flood Zone 3 /b5-U I /43-Mi, Jb5-U1 (4,'-UU.' 165-U1143-UU4 I ^- "^ "1 —1, ' Tract A Tract B Tract C - Before Tract C - After Square Feet Acres Square Feet Acres Square Feet Acres Square Feet Acres 211*927 0.50 1,110 0.03 16,988 0.39 10,000 0.23 Main Street Center (MSC) Main Street Center (MSC) Main Street Center (MSC) Main Street Center (MSC) Irregular Irregular Irregular Irregular Level Level Level Level Zone X (Unshaded) Zone X Unshaded Zone X Unshaded Zone X Unshaded EASEMENT DESCRIPTION Property Type Greenway Easement Land Area Square Feet Acres Total 5,520 0.13 Site Quality Average Site Access Average Site Exposure Average Site Utility Average HIGHEST i BEST USE Proposed Construction No As Vacant Commercial EXPOSUREMARKETING Exposure Time 12 Months or Less Marketing Time 12 Months or Less There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, and north of Metro District. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. The property is within Census Tract No. 05-143-011302. FERSTL VALUATION SERVICES File:12664 Page 542 of 1140 The reafestate consultants Section I — &ecutive Summary► Salient Facts eZ Conclusions Property: A part of the SW 1 /4 of the NE '/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County. Washington TarceC#(s� Pt. of Parcel #765-01743-002 Fee Owmer. City of Fayetteville Su6jectLocation. S. West Ave., south of Dickson St. - Fayetteville, AR 72701 EstateAppraised Fee Simple Size. Site — 2,196 Sq Ft. Effective Date. March 1 ", 2023 - The Date of Inspection Vanities. All Municipal Utilities Are Available Zoning. Main Street Center 9fighest and Best ?Ise: Assemblage with adjoining property Value Indications. Market Data Approach $99,000 Cost Approach NA Income Approach NA Find Estimate of Market Value: $99,000 Note. This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 543 of 1140 The Rea(Estate Consultants Section I — Evecutive Summa —C-� Sahnt Facts eZ Conclusions Property: A part of the SW 1/4 of the NE '/a of Section 16, Township 16 North, Range 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County. Washington Parcel #(s - Pt. of Parcel #765-01743-004 Fee owner: City of Fayetteville Su6jectLocation: East of the Frisco Railway, south of Dickson St. - Fayetteville, AR 72701 EstateAppraised Fee Simple Size. Site — 5,220 Sq Ft. Effective 4)ate: March 1 ", 2023 - The Date of Inspection ?hiCties. All Municipal Utilities Are Available Zoning. Main Street Center 9Ctghest and Best `Z)se: Assemblage with adjoining property Value Indications: Market Data Approach $220,000 Cost Approach NA Income Approach NA 27inalEstimate of 9Karket Value: $220,000 Note: This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 544 of 1140 The Reaf Estate Consultants Section I — Executive Summary Safient Facts G.T- ConcCusions 2'"erty: A part of the SW 1/4 of the NE '/4 of Section 16, Township 16 North, Ranee 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County. Washington Parcel #�s� Pt. of Parcel 4765-01743-002 'Fee Owner. City of Fayetteville Su6jectLocation: West Ave., south of Dickson St. - Fayetteville, AR 72701 EstateAppraised Fee Simple Size: Site — 21,927 Sq Ft. Effective (Date: March Is', 2023 - The Date of Inspection VtiCties: All Municipal Utilities Are Available zoning. • Main Street Center (MSC) Nfig(:estandBest Vse. Assemblage with adjoining property o� Value Indications: Market Data Approach $1,075,000 yq — �} Cost Approach NA Income Approach NA g7inafEstimate of Market value: $1,075,000 Note: This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 545 of 1140 r NOLL' AN 1) COMMERCIAL APPRAISALS AND VALUATION SERVICES t. SPRING STREET Page 546 of 1140 AND VALUATION SERVICES February 21, 2023 Wade Abernathy, Director of Bond Projects and Facilities City of Fayetteville N West Ave Fayetteville, AR 72701 RE: Reindl Properties, Inc. / Civic PlazaCivic Plaza N West Ave Fayetteville, Arkansas 72701 Dear Mr. Abernathy: As you requested, we have appraised the property above for the purpose of rendering an opinion of the "market value" of the Fee Simple interest. We have not appraised this property within the last three years. The property was inspected and photographed January 26, 2023. The following report contains our research, findings, analysis, and resulting conclusions. This appraisal report conforms to the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. Page 547 of 1140 The subject property has no known significant natural, cultural, recreational, or scientific value. The appraisers signing this report have no knowledge concerning the presence or absence of toxic materials, asbestos, and/or urea formaldehyde foam insulation in existing improvements; if such is present, the value of the property may be adversely affected, and a reanalysis at additional cost necessary to estimate the effects of such. Our opinion of the market value of the Fee Simple interest in the subject (Tract A) property as of: January 26, 2023 is: $191509000 Our opinion of the market value of the Fee Simple interest in the subject (Tract B) property as of. January 26, 2023 is: $ 589000 Our opinion of the market value of the Fee Simple interest in the subject (Tract E) property as of. January 26, 2023 is: Respectfully submitted, 4Zach Holland G291I $ 2709000 Dallas Bartholomew AR RA 4412 W-' REGISTERED % APPRENTICE ;o G : RA4412 BARTN����� �nnnn�� The data included in this report was researched, paid for, and compiled by HCA. It is copyrighted property of HCA. Payment for this report does not include the rights to copy or use the data within. Page 548 of 1140 Certification certify that, to the best of my knowledge and belief: I. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. 1 have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. 1 have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as well as the State of Arkansas. 9. To the best of the appraiser's ability, the analysis, opinions, and conclusions were developed, and the report was prepared in accordance with the appraisal standards of the appropriate federal banking regulatory agencies. 10. Dallas Bartholomew made a personal inspection of the property that is the subject of this report. Zach Holland was not present for the inspection. I I. No one provided significant real property appraisal assistance to the persons signing this certification. 12. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 13. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 14. As of the date of this report, Zach Holland has completed the Standards and Ethics Education Requirements for Candidates of the Appraisal Institute. -E)a Zach .Holland Dallas Bartholomew yJH�ERTIF ��lp' A_ G 2911 AR RA 4412�h ...... W 'REGISTERED `- APPRENTICE ;o a RA4412 Page 549 of 1140 EXECUTIVE SUMMARY Civic PlazaThe subject consists of three adjacent tracts of land in downtown Fayetteville's entertainment district. All three tracts are part of parent tracts expected to be split up. Tract A +/-21,927 SgFt — future hotel site. Tract B +/-2,196 SgFt — limited use land; no permanent structures allowed Tract E +/-5,220 SgFt permanent easement to re -rout the current Greenway / Frisco Trail. The three tracts are currently being used as paid public parking, but the city has plans to turn the parking lot into a city park and there is a planned hotel to be constructed on Tract A. We are appraising the tracts under the hypothetical condition that the lot splits have already occurred as described by the client. See further extraordinary assumptions and hypothetical conditions on the following page. APPRAISERS: Zach J Holland, AR CG 2911 Dallas Bartholomew, AR RA 4412 v Page 550 of 1140 EXECUTIVE SUMMARY Extraordinary Assumptions Extraordinary Assumption: an assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. ' An extraordinary assumption may be used in an assignment only if: o It is required to properly develop credible opinions and conclusions. o The appraiser has a reasonable basis for the extraordinary assumption. o Use of the extraordinary assumption results in a credible analysis.Z We make the following extraordinary assumption for this appraisal assignment: Minimal supporting documentation was provided. No dates for implementation of the lot splits and easement were provided. The city provided surveys for Tract A and Tract B; however, no survey was available for Tract E (the permanent easement), nor was any specific definition of the type of easement. The easement size was given by email. We assume that all the tract sizes are accurate based on the information that was given to us from the client, and we assume that all land sizes and characterizes are as provided in the mapping and emails sent from the client. Furthermore, we assume that all land divisions can and will be approved and made by the city. We assume the trail easement is a permanent surface easement that effectually relegates the land as unbuildable and unusable by the owner. We assume that no further damages to the properties, parking, or landscaping will occur due to the moving of the trail or splitting of the tracts. The City of Fayetteville typically repairs any damage to site improvements, and it is assumed that any necessary reparations for damage to or loss of parking is negotiated privately between the parties. Mr Abernathy indicated that a move or trade for parking spots is underway. We value the lands as vacant, stable, commercial, development land, and we have no reason to expect otherwise; however, the current parking lot was built over an existing creek, and substantial drainage preparation was made to develop the current parking lot. We make no special consideration for removing the current improvements or directing drainage underneath. We assume that the ground is stable for large-scale development and no extraordinary demolition or subsurface costs are required for development of Tract A. The use of this Extraordinary Assumption and Hypothetical Condition might have affected the assignment results. ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 4. 2 ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 17. vl Page 551 of 1140 Hypothetical Conditions Hypothetical Condition: a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis? For the purposes of appraising the values of all divided lands as requested by the client, we applied the hypothetical condition that the land splits have already been approved, filed, and have already occurred as of the effective date of the appraisal. 3 ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 4. vii Page 552 of 1140 Tract A Tract B BUILDING ENVELOPE TO GE • .` i�"'ti,,,�`•'4• STAY 3' W CLEAR OF ED OF PROPOSED GREENWAY.. .`l' .-- - _ 1E15EABtE CAFE •�«""�'�'�'«..«....uu. - SPICE; CITY -OWNED PROPERTY SALE - - _.POSED LOT j SPLIT BOUNDARY 7 j *%..............�. EXISTING PROPERTY UNE •`••••. LIMIT OF WORK FOR CIVIC �� F "•••-.., SPACE CONSTRUCTION y POSSIBLE EASENWAY MENT ALIGNMENT ------------- POSSIBLE EASEMENT - - - %!""j PROPOSED LOT SPLIT DEVELOPER AGREEMENT DULY 19, 2022 Tract E LAYOUT viii Page 553 of 1140 9 R aF ggg gift ? �I 3 Glei Tract A �a4� v- 4 Y P A� F i R, It 9 pp pppp?d iJ7 t o, ito —A— i 11 RA i I � I r P��pdt n �sl d 8 N 4 IyiL�l;IILi lyI�yI�y', i 9®e4� Y OF FAYETfEVILLE, MR SAS CITPROPERTY LINE ADJUSTMENT pNTY aw+omp.riw OI � F.�.,pw lilm Tn STATE5 MN-�hI&1N 21�'/BCSW TAU'S E CRY OF FAYEMI3 R N SURVEY (TRACT A) Page 554 of 1140 365.32' 0' 10' 20' 40' Dickson Street 1 I SCALE IN FEET ROW South R/W line of Dickson St. 1 S02°33'19'W 41.67' POINT OF COMMENCING NW Comer, SW'/4, NE'/. North line of ! S02°33'19"W Section 16, T16N, R30W SW/4, NEY4 1 100.00, Section 16, T16N, R30W O N LO p N m P O kn t. o POB-Lease Area #1 _ u �I T 5 387°01'29"E _ 46.04' �. ^ > � N86°5728'W —� c u NO3°36'51"E 24.00' sl t L=24.1 CB=S08*05'12"W Tract B 4 N87°01'52"W 44,161—. CH=24.09' �I LeaSe Area #1 z containing 1,086±—S87°01'52"E— N86°57' / s.f. or 0.025± ac. j 24.34', — — — — — •- ' j POB-Lease Area #2 ro a a Lease Area #2 ^ 0 containing 1,110± West R/W line s.f. or 0.025± ac. of West Ave. > Parcel:765-01743-002 Al r City of Fayetteville a Book 1340, Page 810 uI e M R=304.25' $ v L=82.48' o CB=S20001'31 "1N z CH=82.23' V 7 C m This sketch is not a boundary survey. It is intended to show the configuration of proposed lease areas. It should not be used to locate property lines and does not most the Standards for Property Boundary Surveys. c PROJECT NO: 020-0275 LEASE AREA DRAWING PARCEL NO. 765-01743-002 CITY OF FAYETTEVILLE OI Road � 302 East e, AR Fayettevillle, AR 72703 TEL 479.443.3404 EXHIBIT DRAWN BY: DRC A DATE: 02.082023 SURVEY (TRACT B) Page 555 of 1140 Legal Description: Tract A A part of the Southwest Quarter (SW%,) of the Northeast Quarter (NE%.) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tracts of land recorded in the Washington County Recorder's Office in Book 1340 at Page 810 and in Book 1351 at Page 302, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW'/.) of the Northeast Quarter (NEY.) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87°09'15"E, along the North line of said Quarter Quarter, a distance of 165.65 feet; thence departing said North line S02'48'48"W, a distance of 41.47 feet to the point of intersection of the East Right -of -Way line of Arkansas & Missouri Railroad, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line S02'48'48"W along said East Right -of -Way line, a distance of 45.00 feet; thence continuing along said East Right -of -Way line, along a tangent curve to the right having a radius of 980.37 feet, and a Chord that bears S14'47'51"W, an arc length of 368.39 feet for a POINT OF BEGINNING, thence departing said East Right -of -Way line S60°10'51"E, a distance of 2729 feet; thence N29'53'40"E, a distance of 22.55 feet; thence S60'06'20"E, a distance of 96.03 feet; thence S87'01'52"E, a distance of 87.89 feet; thence S02°48'32"W, a distance of 78.61 feet, thence along a non -tangent curve to the right having a Radius of 304.25 feet and a Chord that bears S30'45'15"W, an arc distance of 31.46 feet to a point in the North Right -of -Way line of Spring Street, as now established; thence N87'06'37 W along said North Right -of -Way line, a distance of 4.34 feet; thence departing said North Right -of -Way line N01°42'57"E, a distance of 10.34 feet to a found chiseled "X"; thence N87'09'36"W, a distance of 77.69 feet to a found chiseled "X"; thence N28°01'14"W, a distance of 37.11 feet to a found chiseled'X"; thence N69033'43"W, a distance of 13.10 feet to a found nail; thence N87`1017"W, a distance of 60.59 feet to a found rebar with cap, "Bates 1642' , thence S85'31'41 "W, a distance of 25.47 feet to a found rebar with cap, "Bates 1642"; thence S68'44'21 "W, a distance of 49.88 feet to a found rebar with cap, "Bates 1642" in said East Right -of -Way line of Arkansas & Missouri Railroad; thence N26*06'02"E along said East Right -of -Way line, a distance of 99.09 feet; thence continuing along said East Right -of -Way line, along a tangent curve to the left having a Radius of 980.37 feet and a Chord that bears N26`29'16"E, an arc distance of 31.66 feet to the POINT OF BEGINNING, containing 21,927 square feet or 0.503 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. Tract R A part of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract of land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87°09'15"E, along the North line of said Quarter, a distance of 365.32 feet; thence departing said North line S02°33'19"W, a distance of 41.67 feet to the point of intersection of the West Right -of -Way line of West Avenue, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, along said West Right -of -Way line the following three (3) courses: S02°33'19"W, a distance of 100.00 feet; thence S03°05'04"W, a distance of 192.32 feet; thence S03°02'34"W, a distance of 113.11 feet; thence departing said West Right -of -Way line N86°57'26"W, a distance of 38.98 feet to the POINT OF BEGINNING; thence along a nontangent curve to the right having a Radius of 304.25 feet and a Chord that bears S08°05' 12"W, an arc distance of 24.10 feet; thence N87'01'52"W, a distance of 44.16 feet; thence NO3°36'51"E, a distance of 24.00 feet; thence S87'01'29"E, a distance of 46.04 feet to the POINT OF BEGINNING, containing 1,086 square feet or 0.025 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. A part of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract of land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87°09'15"E, along the North line of said Quarter, a distance of 365.32 feet; thence departing said North line S02°33'19"W, a distance of 41.67 feet to the point of intersection of the East Right -of -Way line of West Avenue, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, along said West Right -of -Way line the following three (3) courses: S02°33'19"W, a distance of 100.00 feet; thence S03°05'04"W, a distance of 192.32 feet; thence S03°02'34"W, a distance of 147.11 feet; thence departing said West Right -of -Way line N86°57'26"W, a distance of 42.55 feet to the POINT OF BEGINNING; thence along a nontangent curve to the right having a Radius of 304.25 feet and a Chord that bears S20'0V31"W, an arc distance of 82.48 feet; thence NO2Aa48'32"E, a distance of 78.61 feet; thence S87'01'52"E, a distance of 24.34 feet to the POINT OF BEGINNING, containing 1,110 square feet or 0.025 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. xi Page 556 of 1140 :.•� Old Main . !+ - .1 '.� •� , r Unlversi yj of Arkansas `;4 rarene r.r s 11 Hammontrees MMM��� t crined cn'eese r to -x • t • �. 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T e -�. �� - �_• Iva Wftl _ _to A- i _ 40 Table of Contents Extraordinary Assumptions..................................................................................................................vi HypotheticalConditions......................................................................................................................vii Clientand Intended User.......................................................................................................................2 IntendedUse.............................................................................................................................................2 AppraiserCompetency..........................................................................................................................3 Dateof Valuation.....................................................................................................................................3 Dateof Report.........................................................................................................................................3 Definitionof Value...................................................................................................................................4 Estimated Reasonable Exposure...........................................................................................................4 Scopeof this Appraisal...........................................................................................................................5 Ownership and Marketing History......................................................................................................8 Assessmentand Tax Data.................................................................................................................. 10 SITEDESCRIPTION............................................................................................................................ NorthwestArkansas............................................................................................................................ 18 Market Area Identification.................................................................................................................. 32 HIGHEST AND BEST USE ANALYSIS.....................................................................................................42 THE VALUATION PROCESS.....................................................................................................................45 LANDVALUE................................................................................................................................................ 46 xix Page 564 of 1140 Introduction and Overview Page 565 of 1140 Purchase Order # 2023-00000109 File # 1385 � czk Purpose of this Appraisal The purpose of the appraisal is to render an opinion of the market value of the lands as if split into the defined tracts. Property Rights Appraised The fee simple estate is defined as follows: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. 4 Easement is defined as follows: A non -possessory interest one has in the property of another for a specific purpose. s Personal Property / Intangible Assets Personal Property: any tangible or intangible article that is subject to ownership and not classified as real property, including identifiable tangible objects that are considered by the general public as being "personal," such as furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment, and intangible property that is created and stored electronically such as plans for installation art, choreography, emails, or designs for digital tokens.' No personal property values were included in this appraisal. No Intangible assets were included in this appraisal. Client and Intended User City of Fayetteville is the "client/intended user" with regard to this appraisal report, and this appraisal report is prepared for the sole and exclusive use of the appraiser's client. No third parties are authorized to rely upon this report without the express written consent of the appraiser. Intended Use City of Fayetteville intends to use the appraisal in determining and supporting land purchases and ownership structuring. 4 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Author. 90. 5 International Right of Way Association. (2014). Course 403 Easement Valuation 6 ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 5. 2 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 566 of 1140 � H Purchase Order # 2023-00000109 File # 1385 U� �zk Appraiser Competency The appraisers signing this report are competent to prepare appraisal reports for the subject property type. Zach J Holland, Candidate for Designation, Appraisal Institute, has been performing commercial appraisals since 2007. He is a certified general appraiser in Arkansas and Oklahoma. He has appraised many office, retail, industrial, hotel/motel, special purpose, multifamily, subdivision, shopping center and other commercial properties throughout the entire state of Arkansas and into the multistate region including Oklahoma, Mississippi, Missouri, Louisiana, and Tennessee. He has provided expert testimony in federal court. He serves as Principal Appraiser at HCA and reviews appraisals of contractors and trainees. He is on designation paths to MAI and General Review designations of the Appraisal Institute. He has completed the continuing education program for the state licensing board and the Appraisal Institute. He has completed the IRWA course 404 on Right of Way appraising. Dallas Bartholomew, RA 4412, is a Registered Apprentice with the State of Arkansas. He has appraised and assisted in the appraisal of many property types throughout central and northwest Arkansas, including income -producing residences, condemnations, commercial land, industrial land, residential land, warehouses, mini -storage warehouses, office/warehouses, professional offices, medical offices, religious facilities, event centers, bowling alleys, car washes, neighborhood shopping centers, retail/warehouses, and retail stores. Date of Valuation Effective Date: the date to which an appraiser's analyses, opinions, and conclusions apply, also referred to as date of value.' The estimate and opinion of value is applied as of January 26, 2023. Date of Report Date of the Report: The date on which the report is transmitted to the client 8 The date of this report is February 21, 2023. 7 ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 4. 8 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: 59. 3 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 567 of 1140 Purchase Order # 2023-00000109 File # 1385 14 CA Definition of Value This appraisal has been prepared in accordance with the Federal Deposit Insurance Corporation (FDIC) Final Rules, 12 CFR Part 323.2(f), which incorporates the following market value definition. Market Value is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby? o Buyer and seller are typically motivated o Both parties are well informed or well advised, and acting in what they consider their own best interests o A reasonable time is allowed for exposure in the open market o Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto o The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Estimated Reasonable Exposure Exposure Time: an opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. 10 Based on historical average days - on -market of similar properties in 3W the market area '' and on our 25( experience and knowledge of the neighborhood, we estimate 20 exposure time for the subject , property to be within 8 months at the appraised value. Time frame is from Jan 2018 to Dec 2022 County is one of 'Benton', 'Washington' Property Type is 'Land' Results calculated from 10,940 listings � pey, oo sdl. avuape 2023 9 Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the National Credit Union Administration (NCUA). Interagency Appraisal and Evaluation Guidelines (2010). USA 10 ASB. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). The Appraisal Foundation. Page 4. 11 nwa.mismatrix.com 4 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 568 of 1140 Purchase Order # 2023-00000109 File # 1385 H CA Scope of this Appraisal This appraisal is completed in phases; general data collection and analysis, neighborhood data collection and analysis, subject property data collection and analysis, highest and best use analysis, market data collection, verification and analysis, valuation, and report preparation. Each phase is performed as applicable to the property and market. 1) General Data Collection and Analysis This phase includes collection of data relating to national, regional, and local trends, and identification and analysis of the social, governmental, and environmental forces affecting the market value of the subject property. 2) Neighborhood Data Collection and Analysis This phase entails visiting the subject neighborhood; collecting data related to growth trends, demographics, physical characteristics, available utilities, public improvements and services, etc.; and analyzing the impact on the subject property. 3) Subject Property Data Collection and Analysis In this phase, we inspect the subject property, interview the owner, engineer and other pertinent professionals available to obtain and review maps and site plans. Upon inspection, we ask owners, managers, and/or tenants about the property condition and recent updates. We collect information about real estate taxes, zoning and other governmental factors. We analyze the functionality, condition, etc. of the subject property. We cannot guarantee that the property is free of encroachments or easements, and we recommend further investigation and an ALTA survey. Our conclusion of value is based upon the assumption that there are no hidden or unapparent conditions of the property that might impact the buildability. We recommend due diligence be conducted through the local building department or municipality to investigate buildability and whether property is suitable for intended use. Roofs, interior framework, and foundations are not always visible and sometimes can only be assumed to be in similar condition to the visible areas of the building. We recommend an inspection by a professional building inspector. We make no representations, guarantees or warranties. 4) Market Data Collection and Analysis In this phase, we obtain and verify comparable sales data for vacant land and improved properties from public records and from personal interviews. We collect market data related to construction costs, depreciation, etc. from a variety of sources. All data is verified when possible. We attempt to interview parties to the transactions to shed light on details of the property and 5 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 569 of 1140 � H Purchase Order # 2023-00000109 File # 1385 �iJ �zk sale and/or lease. County records in this market are typically dependable sources of comparable sales data, but, at a minimum, we find two sources of comparable price and size by cross- referencing tax records, deeds, MLS, subscription sales databases, GIS data, commercial listings, and local press. Comparable leases are typically provided by property owners, but they frequently prefer the details remain confidential, relegating us to divulge only property type, general location and characteristics if we wish to include the details of the rental rate and other terms. Leases from public sources often include less details or are asking rates, but they are also included in order to provide non -confidential, detailed lease comparables as well as provide an estimate of the current asking rates. 5) Highest and Best Use Analysis In highest and best use analysis, we analyze all compiled data to determine: supply and demand, legal uses, physically possible uses, feasible uses, and that use which is maximally productive for the site as vacant and/or improved. The appraisers utilize inferred market analysis. The projections utilized are based on the appraisers' experience with other similar properties in the market area and the market studies at our disposal. If unforeseeable changes in the market or subject property occur, the highest and best use and value may be impacted. 6) Valuation In the valuation phase, we utilize the Sales Comparison Approach as it is the most common and preferred method of land valuation when adequate comparable sales are available. 7) Report Preparation In the final phase, we prepare a narrative appraisal report, a Real Estate Appraisal Report under Standards Rule 2-2, as defined in the Uniform Standards of Professional Appraisal Practice, USPAP, a complete appraisal performed under Standards Rule I of the USPAP. 6 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 570 of 1140 Purchase Order # 2023-00000109 File # 1385 Subject Property Details Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 571 of 1140 Purchase Order # 2023-00000109 File # 1385 U4 CA Ownership and Marketing History Research of MLS and Washington County Public Records indicates that parent tracts 765-01743- 004 and 765-01743-003 are owned by The City of Fayetteville while parent tract 765-01743- 004 is owned by Reindl Properties, Inc (Brian Reindl). There are no sales on record in the past three. No sales contracts were provided; however, it is our understanding that one of the purposes of this appraisal is to determine the value of Tract A and B for future sale to Reindl Properties will include trading Tract E to the City of Fayetteville and transferring Tract B under a limited use deed. We found no evidence of active listings. Assessor records report the current ownership and sale history as follows: Parent Tract Parcel # 765-01743-002 Deed Transfers Document Images brought to you by your County Circuit Clerk, Kyle Sylvester View Deed Date Book Page Deed Type Stamps Est. Sale Grantee Code Type Image 11 9/27/1989 1340 810 Warr. Deed 0.00 $0 CITY OF FAYETTEVILLE, ARKANSAS N/A N/A 10/9/1986 1196 827 Warr. Deed 58.30 $53,000 MCBRIDE DISTRIBUTING CO INC Unval. N/A 1/1/1985 1196 824 Warr. Deed 0.00 $0 SUGG, JOHM G SR ETAL TRUSTEE N/A N/A Parent Tract Parcel # 765-01743-003 Deed Transfers Document Images brought to you by your County Circuit Clerk, Kyle Sylvester View Deed Date Book Page Deed Type Stamps Est. Sale Grantee Code Type Image 1/19/1990 1351 302 Warr. Deed 0.00 $0 CITY OF FAYETTEVILLE, ARKANSAS N/A N/A 15 1/1/1985 1351 300 Warr. Deed 66.00 $60,000 SUGG, JOHN G SR; SUGG, ANN W; SUGG Unval. N/A 8 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 572 of 1140 Purchase Order # 2023-00000109 File # 1385 � Czk Ownership and Marketing History, Continued Parent Tract Parcel # 765-01743-004 Deed Transfers Document Images brought to you by your County Circuit Clerk, Kyle Sylvester View File Deed Deed Date Book Page Stamps Est. Sale Grantee Code Image Date Type 15 3/6/2019 3/8/2019 2019 6302 Quit Claim N/A 15 12/18/2018 N/A 2019 587 Survey N/A 15 11/8/2011 N/A 2011 32091 Redem N/A Deed 15 7/20/2011 N/A 2011 11424 CompLaw N/A N/A REINDL PROPERTIES INC N/A METRO DISTRICT N/A N/A CONDOMINIUMS HPR METRO DISTRICT N/A N/A CONDOMINIUMS HPR METRO DISTRICT N/A N/A CONDOMINIUMS HPR Type Land Only Land Only N/A 15 8/5/2005 N/A 2005 53850 Survey N/A N/A METRO DISTRICT LLC N/A N/A 15 5/23/2005 N/A 2005 22872 Warr. 25439.70 $7,709,000 METRO DISTRICT LLC Additional Improved Deed Properties 1/14/2005 N/A 2005 2536 N/A N/A REINDL PROPERTIES INC N/A Land Deed Y Inc. Land N/A 11/1/2004 N/A 2004 50264 Survey N/A N/A REINDL PROPERTIES INC Additional Only Prop. 9 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 573 of 1140 Purchase Order # 2023-00000109 Assessment and Tax Data In Arkansas, real estate is assessed by the county tax assessor and the tax collected by the county collector for the city and the county. There is no state real property tax. Assessment is based upon 20% of the assessor's appraised valuation and the current assessment rate as established by the County quorum court and public vote. A rate of 57.95 mills had been established for the City of Fayetteville, Washington County, Arkansas. The combined appraisal and assessment has been taken directly from the county tax assessor's office data, for the subject parcel: Parent Tract Parcel # 765-01743-002 Market and Assessed Values Estimated Full Assessed Taxable Market (20% Market Value Value Value) Land N/A N/A N/A Building N/A N/A 0 Totals N/A N/A N/A Parent Tract Parcel # 765-01743-003 Market and Assessed Values Estimated Full Assessed Taxable Market (20% Market Value Value Value) Land N/A N/A N/A Building N/A N/A 0 Totals N/A N/A N/A Parent Tract Parcel # 765-01743-004 Market and Assessed Values Estimated Full Assessed Taxable Market (20% Market Value Value Value) Land 69,300 13,860 13,860 Building 1 0 0 0 Totals 69,300 13,860 13,860 Taxes Estimated Taxes: Li Note: Tax amounts are Homestead estimates only. Contact the 0 Credit: county/parish tax collector for exact amounts. Taxes Estimated 0 Taxes: Note: Tax amounts are Homestead estimates only. Contact the 0 Credit: county/parish tax collector for exact amounts. Taxes Estimated Taxes: Li Note: Tax amounts are Homestead estimates only. Contact the 0 Credit: county/parish tax collector for exact amounts. A search for delinquent taxes on the subject property did not return any results. 10 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 574 of 1140 � H Purchase Order # 2023-00000109 File # 1385 T91 �zk SITE DESCRIPTION Census Tract: Block 2018, Block Group 2, Census Tract 1 13.02, Washington County, Arkansas. Abutting Land Uses: North: City Parking; South: Retail; East: Restaurant/Bar; West: Bike Trail/Railroad/Restaurant/Bar Size of the Site: Tract A: +/-21,927 Square Feet, or +/-0.50 Acres. Tract B: +/-2,196 Square Feet, or +/-0.05 Acres. Tract E: +/-5,220 Square Feet, or +/-0.12 Acres. Shape of the Site: Irregular. Soils: No soil test or analysis was available to the appraisers and no responsibility is taken for the soil conditions. The soil appears to be stable for the improvements. Topography: Mostly level. There is a slight slope on the south side of the property. Flood Status: The subject property site does not appear to be located within a flood hazard zone of the 100-year flood boundary per Flood Insurance Rate Map Community Panel #05143CO2 I OF, effective 05/ 16/2008, a portion of which map is included below. L i. f Subject w 1 r- FAYET LE; -50116 Traffic counts: There is no traffic data at the subject site. Streets (Ingress/Egress): N West Ave is a two-lane, asphalt -paved, road with moderate to heavy traffic. W Spring St Ln is a two-lane, asphalt -paved road with light traffic offering secondary access to the back of the site. The streets are typical city streets with concrete curbs and gutters. II Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 575 of 1140 Purchase Order # 2023-00000109 Site Description, Continued Utilities: The subject property has all utilities available at street side. ,now_: .r,mr�m.,a,ran � � oI E TON A R T S $Uh�2Ct - C E N T E R 304 Warr Hydrem Warr±in 9'-20- D. x4'.ax' Diam. dHwNKnown Water Service line Sewer l/tilitiea i]� Sewer Svunurea Sewer Swnure • pvenion ® JunHien O 5yndard o' � Tracer Boa . Tree—plam .spring Srre.1 parking Deck Sewer Ferx Msln Ir0 Dlammer(�nl IIO 9tfi t 10- 18' 1 i =clp: iJ ],0r ® iu a �rp y.]1 _ Sewer Gravey Main . Dlamxa Ia 8 lam. 2' D rk.rron taaB'Diam. parntt —_ pHwNnknvwn Easements/Encroachments: The property appears to be subject to typical utility easements and road right-of-ways. We assume that there are no adverse easements or encroachments on the subject property. ■ r a .V WAI ION N �anaral otem kasamem ART Accen Eas ant Tl1• VKk— t C IN T E R � 1 Avigation Easement L Orainaga Easement Q Consanauon bummt -Is landscap. E.s.—, OSidewalk Easement =SubjectSOW'J D.tk Trsll Easement 11/ II 1 t Tree Prawrvanon E.a.m.nt x005 SM50 I)56/565 .B9/xax W Spring St IJSNSks x00rr 1Ba03 Wetarrsewer Easement p oln.r Eavmam • 12 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 576 of 1140 n nczk Purchase Order # 2023-00000109 File # 1385 Site Description, Continued Zoning: The subject property is zoned MSC; Main Street Center. If additional information is required, please contact the local planning and/or zoning office. We assume that the information obtained from zoning maps and ordinances is accurate. It should be noted that this particular zoning allows for up to 7-stories to be constructed. w A r r n N A R i S Earthquake Hazard: USGS National Seismic Hazard Maps predict increased likelihood of a major earthquake event along the New Madrid fault line in northeastern Arkansas, which could have physical effects in northwest Arkansas and greater regional and national effects including loss of power and a halt of supplies traveling along 1-40. Earthquake insurance is generally not required by lenders in Northwest Arkansas, and, at this point there is no indication of earthquake likelihood or magnitude that could be applied to valuation models, but it is worth noting for the client's benefit that considering earthquake insurance for many properties in Arkansas would be prudent. Environmental Issues: We performed a general condition inspection, and during the inspection we did not note any evidence of contamination or underground tanks; however, we are not qualified to determine whether the site is or has ever been contaminated by hazardous materials. If the client has concerns or any evidence of contamination, we recommend an inspection by a qualified contamination and environmental expert with the proper tools to test soil, etc. We did not note any conditions that led us to believe the site is unfit for its intended use. 13 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 577 of 1140 Purchase Order # 2023-00000109 File #1385 Demographics &Market Identification 14 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 578 of 1140 Purchase Order # 2023-00000109 File # 1385 Demographics & Market Identification Local Covid-19 Effects and Outlook: ARVEST BANK SKYLINE REPORT - NORTHWEST AR - FIRST HALF 2020.12 Mervin Jebaraj, the director of the Center for Business and Economic Research (CBER) at the Sam M. Walton College of Business at the University of Arkansas, indicated the real estate market in Northwest Arkansas has weathered the economic fallout from the COVID-19 pandemic well. "So for the pandemic has not seemed to hurt the real estate market in the region, and the three areas measured by these reports continue to reflect a consistent balance between supply and demand," he said. "Part of that consistency is a continued contraction in the supply of homes for sale across the region, which continues to drive home prices higher." In the first half of 2020, the number of homes listed for sale decreased 48.8 % from the first half of 2019 — from 2,357 to 1,206. Simultaneously, available lots on which to build new homes fell to 3,896 — its lowest point since the inception of the Skyline Report in 2004. "it is possible that the pandemic may have suppressed, or delayed, individuals from listing their homes for sale, but the historic low interest rates for mortgages is enticing many consumers to want to purchase,"Jebaraj said. "Until more inventory is available, it will be difficult for homebuyers to find a home to buy." In the multifamily market, vacancy rates increased from 3.5% in first half of 2019 to 4.8% as a result of construction of new developments being completed and new units entering the market. Average rent prices for multifamily units increased 4.7% from the first half of 2019 to $729.82. The pace of multifamily construction will remain strong in the near term, as $481.5 million in building permits have been issued in the past year, a record high for the Skyline Report. In the commercial real estate market, the overall vacancy rate across all submarkets fell from 11.0% to 10.8% compared to the first half of 2019. "So for the office submarket has remained stable despite the increase in employees working from home,"Jebaraj said. "At this point it seems that even if the work -from -home trend continues, it will likely not have a significant impact on office space in the region, as any potential loss from remote work will be offset by the need for more space per employee. We are hearing that many high -density open space plans will likely transition to more cubicles, walls and lower density for safety reasons." The retail submarket vacancy rate rose from 9.4% in the first half of 2019 to 10.6%. 12 https://share.arvest.com/newsroom/nwa-real-estate-market-remains-healthy-amid-pandemic/ 15 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 579 of 1140 Purchase Order # 2023-00000109 File # 1385 A CA Demographics & Market Identification "With many retail establishments feeling the impact of the pandemic, it isn't surprising to have a small increase year -over -year in this submarket, and we will be watching this particular area closely in the coming months,"Jebaraj said. `it is also important to note that, for the most part, this report doesn't include the majority of restaurant properties since many restaurants have standalone structures and are not renting space from retail developers." "In the midst of the pandemic economy, we are pleased to see that the overall real estate market in the region remains healthy," said Brad Crain, president for Arvest in Benton County. "We are certainly seeing strong activity in our mortgage division as customers are entering the homebuying market and seeking refinancing of their current homes as a result of low interest rates." 35 1<T 25 20 an NWA COMMERCIAL SALES VOLUME Fek: Mar Apr May Jun Jul Aug Sep Oct Nov Dec — Sales. Number of 2019 — Sales, Number of 2020 — Sales, Nun-ber of 2021 Sales. Number of 2022 nwa.mismatrix.com 16 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 580 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification CONCLUSION: At this point, sales are keeping pace with pre-Covid years in Northwest Arkansas, and neither prices nor vacancy rates have been heavily impacted by the pandemic in the region. Historically, due to large employers, especially for the size of the market, Northwest Arkansas has weathered economic downturns better than most of the US. We anticipate some eventual increases in vacancy, (depending on specific locations and property types), but we are not yet fully convinced that NWA will experience the long-term losses and decline anticipated by some economists focusing on larger markets and markets with more risk. Local owners are reporting 3-month rent deferrals in some cases with deferred rent extending the end of lease terms by an equal period. Many owners are taking advantage of low interest rates to use refinancing to bridge loan payment timing and to offset losses with lower interest payments. Mervin Jebaraj, Center for Business & Economic Research at the U of A's Walton College of Business predicts that the trucking and manufacturing industries will be the first to take economic injury in Northwest Arkansas, and they are linked to the degree that slow shipping of materials and parts further slows manufacturing. We are awaiting solid data on which to base any real changes. In the meantime, we project stable to increasing prices, with only some property types warranting additional pandemic consideration if based on pre -pandemic market data. Adjustments will be considered specifically for each property type and location. Some of those considerations may include increased vacancy, higher cap rates or a small downward comparable sale price adjustment for market conditions. The affected local property types currently include hospitality, lodging and large retail, particularly malls. Despite nationally surveyed declines, locally, land prices are mostly unaffected by the pandemic at this point, and the continued strength of the local commercial market since the pandemic gives us no cause to project change of course until the market prices and/or sales volume dip. 17 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 581 of 1140 Purchase Order # 2023-00000109 Northwest Arkansas 14 Sdplu Spimy No Rdge Nrllotel MearrVrk Qevete ENTON� •NkarsesWekoneCeen COUNTY trate Fuck A° 9 ® haver lake ® �atomrius y ` ..I Frare Creek Deema �r1• __ lbbbs state I'mk http://www.northwestarkansas.org Table Rock I eke�— Holiday laland lino sv M AJIM" RenaY ® H49A Cove Spiny - Sanpown lovmn stmi wbm; Adulteu wetonN Carr fkn Spiny • NprbWdeb Subject Siloam Springs . L Cep l�l w it u Ftrpl bhraon yettevlli.' Frnron Pleoo!Oooe r sanelrr stole Polk Note 0 t,rkrom 4 Rerdt Ilen Ekn GJ The industrialization and urbanization of the state have made agriculture secondary. The rapid growth of retail giant Wal-Mart and several other companies based in Arkansas contributed to the shift away from agricultural dominance, but agricultural companies maintain a significant presence in the state. A great deal of the state's growth is in food processing. Poultry is the largest food processing segment in the state thanks to such companies as ConAgra, Hudson Foods, Simmons Foods, and Tyson Foods. Tyson Foods, headquartered in Springdale, is the state's largest food processing firm and is one of America's largest producers, processors, and marketers of chicken and other meat products. Trucking distribution is another industry of note in Arkansas including, JB Hunt, one of the nation's largest trucking distributors. Wal-Mart was founded in 1962, with the opening of the first Wal-Mart discount store in Rogers, AR. Wal-Mart now serves customers at more than 8,650 retail units under 55 different banners in 15 countries. Wal-Mart employs more than 2 million people worldwide. Arkansas' manufacturing base is diverse including products from every major Standard Industrial Classification (SIC) code category for manufacturing except one - tobacco and tobacco related products. Labor unions are strong in transportation, utilities, construction, and the heavy industries. However, most of the state's labor force is unorganized. 18 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 582 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification Washington County is located in the Northwest corner of the State of Arkansas, which encompasses a large portion of the Fayetteville -Springdale -Rogers MSA, a commercial center for northwest Arkansas and the headquarters for retail giant, Wal-Mart/Sam's Club. A majority of the modern workforce works in manufacturing, retail, or education industries with major employers including Wal-Mart, Tyson (among other large poultry processors), University of Arkansas, other local colleges and primary schools, JB Hunt Trucking, and there is a substantial medical community employing many local residents. The population of the Fayetteville -Springdale -Rogers MSA has seen tremendous growth since 2000. Much of the growth has been attributed to the parallel growth of retailers Wal-Mart, Tyson, and other local businesses which expanded rapidly over the last three decades. The county is located within the Ozark Mountain range. Topography ranges from slightly sloping and level to extremely hilly. Most of the county is rocky with soils in the county varying widely from some crop/ pastureland to bottomland or wetland areas along the significant watersheds. Health Care: Virtually all health care needs are served within the MSA including many new, modern facilities. There are multiple hospitals, medical parks, specialized clinics, and doctor's offices within 45 minutes of most residential and commercial areas including the subject location. Education: Benton and Washington Counties have a number of public schools with grades from kindergarten to 12`h grade. Fayetteville School District year -in and year -out ranks among the top three public school districts in the state for academics, arts/cultural and athletics. Springdale's HAR-BER High School, is ranked among the best high schools in the State of Arkansas. Benton County reportedly offers the highest teacher pay in the state. Northwest Arkansas also offers post -secondary educational opportunities including Northwest Arkansas Community College and two four-year institutions within a 30-mile radius: the University of Arkansas at Fayetteville and John Brown University in Siloam Springs. The University of Arkansas is based in Fayetteville with a student body of over 24,000 and employing approximately 4,000 faculty and staff. Transportation: There are approximately thirteen motor freight carriers that have service in the Bentonville and Northwest Arkansas area including, but not limited, to JB Hunt, P.A.M., Cannon Express and Willis -Shaw. 19 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 583 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification Northwest Arkansas Regional Airport-(XNA) provides commercial air carrier service to the region. American Airlines, Delta Airlines, Continental, and U.S. Air serve the region. The airport is located at the southwest border of the Bentonville city limits and has an 8,800-foot runway. XNA is also serviced with a Regional Jet Center that caters to non-commercial air services. The Regional Jet Center is a state-of-the-art service with meeting spaces and pilot accommodations. Recreation: Northwest Arkansas is located at the foothills of the Ozark Mountains, and there are many outdoor recreation opportunities throughout the region. Cultural opportunities in Fayetteville, Rogers and Bentonville include theaters which accommodate large touring plays, ballets, and musical acts. The University of Arkansas draws and supports cultural activities of all variety. The most notable recent addition to the area is Crystal Bridges Museum in Bentonville. Crystal Bridges is a world -class museum opened in 2012: the first of its kind in the region, and the museum and resulting hotels and tourism are sure to have profound impact on Benton County. "'It is unprecedented what she is doing," says Julian Zugazagoitia, director of the Nelson -Atkins Museum in Kansas City, Mo., the closest major art museum to Bentonville. Zugazagoitia says his museum expects to benefit in a spike of visitors as patrons drawn to Crystal Bridges explore regional options. "I hope for a Bilbao effect" in Bentonville, he says, referring to the Guggenheim outpost that opened in Spain in 1997, transforming a little-known Basque city into a major cultural hub.' 13 Crystal Bridges Museum of American Art attracted 600,000 visitors in 2018 By the end of 2019, it was fast approaching 5 million visitors since its 2011 opening. The museum in Bentonville is the centerpiece of Northwest Arkansas' thriving, growing arts scene. A study completed in 2017 by Americans for the Arts showed the arts and culture industry in the region generated $131.2 million in economic activity in 2015. That was way beyond the $45 million in activity noted five years earlier. The opening of Crystal Bridges in 201 I, the Walmart AMP outdoor music venue in 2014, Scott Family Amazeum children's museum in 2015 and the expansion of the Walton Arts Center in 2016 are widely recognized as major factors in the dramatic increase in economic impact created by arts and culture amenities. The impact of the arts in the region is sure to increase more as the incredible TheatreSquared opened in Fayetteville in August 2019 and The Momentary... in Bentonville in February 2020.14 13 Washington Post 14 http://www.nwacouncil.org/northwest-arkansas 20 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 584 of 1140 Purchase Order # 2023-00000109 SoWIN4111 Demographics & Market Identification It is worth noting some of the awards granted in recent years, in order to display the growing awareness of the area which is contributing to the population increases: RECOGNITION AND AWARDS U.S. NEWS & WORLD REPORT 2022 #7 #8 #18 #83 Best Places Cheapest Places Fastest -Growing Best Places to Live to Live Places to Retire P0ILKEN HEARTLAND VIRTUAL INSTITUTE FORWARD CAPITALIST #8 Best -Performing Large Cities WALL STREET JOURNAL #3 Best Job Market for Small Cities in the U.S. #21 Most Dynamic Metros CHICAGO TRIBUNE #9 Cities Where Your Dollar Goes Furthest #6 Fastest Growing Cities in America GOODHIRE #7 Most Affordable Places to Live and Work https://nwacounci I.org/wp-content/uploads/2022/07/N WAC_Annual Report22 I .pdf Fastest -Growing Economy through 2021 - According to a report by IHS Global Insight for the U.S. Conference of Mayors. The region's economic growth rate will rank No. 5 nationally through 2021. Only four U.S. regions — two in Utah and two in Florida — are expected to see their economies grow at a faster rate. The 3.9 percent annual growth rate predicted for Northwest Arkansas will push the region's economy past $30 billion. Top 100: Northwest Arkansas is on pace to be one of the nation's 100 largest MSAs, a Northwest Arkansas Council analysis shows. Reaching Top 100 status matters because many national publications and researchers focus on the Top 100 when they compare regions. Some think tanks, including the Brookings Institution, focus economic rankings on the Top I00.I- Is http://www.nwacouncil.org/news/2018/3/22/analysis-northwest-bentonville-fayetteville-arkansas-census-top-100-population 21 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 585 of 1140 Purchase Order # 2023-00000109 i File #1385 - Demographics & Market Identification Economy Fayetteville, AR -MO, Area Economic Summary Updated September 01, 2022 This summary presents a sampling of economic information for the area; supplemental data are provided for regions and the nation. Subjects include unemployment, employment, wages, prices, spending, and benefits- All data are not seasonally adjusted and some may be subject to revision. Area definitions may differ by subject. For more area summaries and geographic definitions, see www.bls.gov/regions/economic-summaries.htm. Unemployment rates for the nation and selected Average weekly wages for all industries by county areas Fayetteville area, fourth quarter 2021 Unemployment rates (U.S- = $1,418; Area = $1,220) 5.7 United States _ 3-8 McDonald $824 32 Fayetteville area 2.8 3.0 Benton Co., AR Benton 2-S $1,238 3.4 Madison Co., AR 30 McDonald Co., 0 4.3 MO 3 1 Madison Washington 5873 Washington Co., 3.2 $1,234 AR 2.8 0.0 2.0 4.0 6.0 Jul-21 ■Jul-22 Source: U.S. BLS, Local Area Unemployment Statistics. Source: U.S BLS. OuarterlvCensus of Emplovment and Waees. Over -the -year changes in employment on nonfarm payrolls and employment by major industry sector 12-month percent changes in employment 15.0 10.0 5.0 0.0 1 5.0 1 � 10.0 1 y 15.0 Jul-19 Jul-20 Jul-21 Jul-22 Fayetteville area _ _-- United States Source U S BLS Current Ern to ment Statistics employmentFayetteville area (number in thousands) Total nonfarm 284-5 _�.8 59 Mining, logging, and construction 14.1 0.0 0.0 Manufacturing 31.9 1.0 3.2 Trade, transportation, and utilities 62.6 3.9 6.6 Information 2.2 0.1 4.8 Financial activities 9.3 0.3 3.3 Professional and business services 59.4 6.8 12.9 Education and health services 31.1 1.5 5.1 Leisure and hospitality 27.5 0.6 2.2 Other services 10.1 0.1 1.0 Government 363 1.5 4.3 P y Source. U.S. BLS, Current Employment Statistics. 22 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 586 of 1140 Purchase Order # 2023-00000109 File #1385 L- .. Over -the -year change in the prices paid by urban consumers for selected categories 12-month percent change in CPI-U, July 2022 45.0 40.0 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0.0 All items Food Energy ■ West South Central U.S. city average Source: U.S. BLS, Consumer Price Index. Demographics & Market Identification Over -the -year changes in the selling prices received by producers for selected industries nationwide 12-month percent changes in PPI 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0.0 5.0 -10.0 Jul-19 Jul-20 Jul-21 --General freight trucking - Hospitals Poultry processing Source: U.S. BLS, Producer PrKe Index. Average annual spending and percent distribution Average hourly wages for selected occupations for selected categories !IN" Jul-22 liccupatjon States South average annual expenditures, 2020 area All occupations $24.80 $28.01 Human resources managers 67.38 65.67 Housing All other 519.029 34.1% Accountants and auditors 35.87 40.37 item s $8,857 15.99. Registered nurses 32.39 39.78 Healthcare Trans- Construction laborers 17.27 21.22 $5098 portation Personal 9.1 $9,745 insurance Food 17.5% Retail salespersons 14.29 15.35 & pensions $ 6, 4 7 7 $6,511.8% Total: 91 11.6% Cooks, fast food 12.03 12.2S 11. Source: U.S. BLS, Consumer Expenditure Survey. $SS,797 Source. U.S. BLS, Occupat onal Employment and Waxe Stabshcs, May 2021. Employer costs per hour worked for wages and Over -the -year changes in wages and salaries selected employee benefits by geographic division 12-month percent changes in ECI March t 8.0 Total compensation $34.38 $38.61 7.0 Wages and salaries 2S.02 27.19 6.0 Total benefits 9.36 11.42 S.0 Paid leave 2.40 2.89 4.0 .0 Vacation 1.21 1.47 3.0-- �� Supplemental pay 1.32 1.37 2.0 Insurance 2.16 2-93 1.0 Retirement and savings 1.01 1.33 0.0 Legally r Le g y required benefits 2.47 2.91 Jun-19 Jun-20 Jun-21 Jun-22 West South Central ----United States (I)ThestatesthatcomposethewestSouthCentralcernusdivisionare -AR, IA OK, and Tx. Source. US. BLS, Employer Costs for Employee Compensation. Source: U.S. BLS, Employment Cost Index. https://www.bls.gov/regions/southwest/summary/blssummary_fayetteville_ar_mo.pdf 23 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 587 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification Unemployment rates in the area are considerably lower than state and national averages. This market area has relatively high incomes as compared to the state averages, and much of the high earning levels associated with this area result from the Wal-Mart Corporate Headquarters located in Bentonville. The Center for Business and Economic Research (CBER) in the Sam M. Walton College of Business at the University of Arkansas, in collaboration with the Northwest Arkansas Council, releases the State of the Northwest Arkansas Region Report. The annual report is a benchmarking tool used to evaluate the economic performance of Northwest Arkansas and compares it to peer regions, including Austin, Texas; Des Moines, Iowa; Madison, Wis.; Durham - Chapel Hill, N.C.; Raleigh, N.C., and Provo-Orem, Utah. 24 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 588 of 1140 Indicator Population Growth, 2019-2020 Real GDP Growth, 201 B-2019 Annual Unemployment Rates, 2020 Nonfarm Employment Growth, 2020 Average Annual Wages, 2020 Business Establishment Growth, 2020 R&D Expenditures (millions), 2019 Average Domestic Airfare, 2020 Fayetteville- Austin- Des Springdale- Round Moines- Rogers- Rock- West Des MSA Georgetown Moines MSA MSA Durharn- Madison Raleigh- Provo-Orem MSA CMSAH�iI Cary MSA MSA As population growth outpaced housing production between 2010 and 2020, the average price of homes in Benton and Washington counties reached record highs in the first half of 2021. In Benton County, the average price was $311,333, 14.3% higher than a year ago and 42.4% higher than five years ago. In Washington County, the average price was $297,343, which was 24.3% higher than a year ago and 46.7% higher than five years ago. Similar price increases were observed in the cities within the counties as well. POPULATION CHANGES BY CITY NOTE Data comes from the Consul Bureau's 200o, 2010,"2020 Docenn.ar Consul HOUSING PRODUCTION BY CITY Purchase Order # 2023-00000109 Demographics & Market Identification LARGEST EMPLOYERS16 Northwest Arkansas' Big Three Fortune 500 companies — Walmart, Tyson Foods and J.B. Hunt — are the region's largest employers. Walmart is building a world -class new headquarters in Bentonville. Tyson Foods opened a new technology hub in downtown Springdale, and J.B. Hunt has made multiple expansions in the region in recent years. Walmart (Fortune 1) is about twice as big as No. 2 Amazon in terms of revenue. Walmart employs 2.2 million around the world, and that's almost equal to the combined employment of Kroger, Home Depot, Lowe's, McDonald's, Target, Walgreens and Starbucks. Tyson Foods (Fortune 79), by revenue, would be the largest company in far larger metropolitan areas: Denver, Kansas City, Las Vegas, Miami, Orlando, Phoenix, Portland, Salt Lake City and Tampa. J.B. Hunt (Fortune 346) is bigger than JetBlue, Ceasars Entertainment and Hershey. MAJOR EMPLOYERS Rank Company # of Employees 1 Wal-Mart Stores Inc. >25,000 2 University of Arkansas 6,750 3 Tyson Foods Inc. 4,300 4 J.B. Hunt Transportation Services Inc. >3,000 5 George's Inc. 2,500 6 Washington Regional Medical Center 2,200 7 Mercy Health System of NWA 1,850 8 Northwest Medical Center 1,600 9 Twin Rivers Group 1,600 10 Serco 1,600 11 Tyson Chick-N-Quick Plant 1,200 12 Cargill Corp. 1,200 13 Pinnacle Healthcare 1,100 14 Arvest Operations 1,050 15 Crossland Construction 975 Source: Rogers -Lowell Area Chamber of Commerce 16 https://www.nwacouncil.org/northwest-arkansas 26 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 590 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification NWA Historical Trends: The NWA real estate market went through a correction period from 2009 to 2013, like much of the nation. There was excessive supply introduced into the local market from 2003 to 2007 combined with the national recession that followed. Prices had been high for the state and region, but they were somewhat protected by the fact that they were still relatively low as compared to national averages, especially for MSA's experiencing similar economic and population growth. Prices declined, but overall, as long-term investments, most properties held or quickly recaptured their value, due to a thriving, diverse local economy including Wal-Mart, JB Hunt, Tyson, and the University of Arkansas among others. Partially completed subdivisions were hit hard and many were abandoned. The local multifamily market weathered the recession relatively well and was among the first to resume construction. It is worth noting that economists are beginning to predict a potential repeat of a national recession. Some local overbuilding has been noted, but population increases have sustained. "If f the markets go down, it could bring on another recession. The housing market has been an important element of economic activity. If people start to get pessimistic about housing and pull back and don't want to buy, there will be a drop in construction jobs and that could be a seed for another recession. By the way, we're overdue for another recession." — Economist Robert Shiller; October 2018 27 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 591 of 1140 Purchase Order # 2023-00000109 File # 1385 � CZA Demographics & Market Identification NWA Current Indicators: The Arvest Skyline Report is our primary source for local industry and submarket profiles. It is a biannual analysis of the latest commercial, single-family residential and multifamily residential property markets in Benton and Washington counties. The report is sponsored by Arvest Bank and conducted by the Center for Business and Economic Research (CBER) in the Sam. M. Walton College of Business at the University of Arkansas. CBER researchers aggregated and analyzed data from local governments, property managers, visual inspections and the business media to provide a complete picture of the status of property markets in the two counties. Positive Factors • Continued population growth in the MSA. • Construction of the new Walmart Home Office. • Growth of existing businesses creating demand for new Class A office space. • Growth in the healthcare sector creating demand for new Medical Office space. • Development of mixed use live -work -play communities. • Leveraging the trail system as a selling point for commercial space. • Continuing creation of amenities in Northwest Arkansas. • Increasing attention to the MSA by national investors. • Continuing media coverage of Northwest Arkansas as a good place to work and live. Negative Factors • Increased construction costs and skilled labor shortage. • Impact of Walmart Home office on construction costs. • Lease rate increases outpacing small firm's ability to pay. • Potential overbuilding of Class A office. • Shift to work stations leading to less office demand. • Overhang of existing class B and C retail space. • Overbuilding of the student housing market around the University of Arkansas. • Possible overbuilding of nonstudent multifamily housing in Benton County. • Infrastructure costs. 28 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 592 of 1140 Purchase Order # 2023-00000109 File # 1385 = Demographics & Market Identification Arvest Skyline Report; 2022 — First Half • Arvest Bank recently released Skyline Reports on residential and multifamily real estate in Northwest Arkansas for the first half of 2022. The two most important numbers in the reports are 2.3 % and 26.8%. The first, 2.3%, is the overall vacancy rate for multifamily housing units. The second, 26.8%, is the increase in the average selling price of homes listed through MLS compared to one year ago. According to Mervin Jebaraj, director of the Center for Business and Economic Research (CBER) at the Sam M. Walton College of Business at the University of Arkansas, the 2.3 % overall vacancy rate for apartments is so low as to be "functionally zero." In CBER's discussions with multifamily developers, many apartment complexes in Northwest Arkansas now have waiting lists. This is further illustrated when looking closer at the vacancy rates by apartment size, where the most popular units are one -bedrooms with a vacancy rate of 0.8% and two -bedrooms with a rate of 1.0%. Low inventories are also driving up lease rates, which rose 12.0% from the first half of 2021 and 61.3% since the first half of 2012. • The market for residential single-family homes saw an increase in available inventory with 1,193 homes listed for sale on MLS compared to 642 one year ago, an increase of 85.8%. But this did nothing to slow down the continued increase in home prices as the average selling price of a home listed on MLS rose 26.8% from a year ago, from $304,235 to $385,821. From a decade ago, this average selling price has risen 128.4%, for outpacing the national rate of inflation in the last decade of 2 9.04%. "The Northwest Arkansas region is being challenged to provide affordable housing options for the continued increase in population," Jebaraj said. "The pace of new home construction is slowing because of supply chain issues as builders are having difficulty getting new homes completed because of a lack of appliances, while some new subdivisions can't get the approvals they need because they can't get the transformers needed to provide electricity. Hopefully these are temporary issues that will get resolved soon. However, offering more affordable housing than other desirable metros is a competitive advantage that we are beginning to lose with the pace of price increases. 29 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 593 of 1140 Purchase Order # 2023-00000109 File # 1385 Demographics & Market Identification Arvest Skyline Report; 2021 — Second Half • During the second half of 202 I, the overall vacancy rate for commercial real estate dropped to 8.3%, the lowest overall vacancy rate since the inception of the Skyline Report. There was 636,552 square feet of space added to the market and 862, I O6 square feet of space absorbed, resulting in positive net absorption of 225,554 square feet. • All major categories of commercial space demonstrated strength, led by the warehouse sector where 445,365 square feet of new space entered the market and 578,544 square feet were absorbed, resulting in positive net absorption of 133, 179 square feet. The vacancy rate for warehouse space was 5.3%, which is almost half the peak of 10.3 % in the first half of 2019. "The warehouse sector in Northwest Arkansas seems to be benefiting from the continued growth in e- commerce as almost 2 million square feet of new space has been added over the past five years, while still maintaining low vacancy," said Mervin Jebaraj, director of the Center for Economic and Business Research (CBER) at the Sam M. Walton College of Business at the University of Arkansas and lead researcher for the Skyline Report. "To see the vacancy rate well under 10% indicates a healthy sector." • The office sector had a relatively small amount of new space added, I I6,280 square feet, while 235,032 were absorbed, resulting in positive net absorption of 1 18, 752 square feet. While the amount of new space added was relatively small for the overall office sector, all the space added was for medical office space, a smaller submarket. The vacancy rate for office space was 10.0%. "Since the onset of the pandemic there has been a great deal of uncertainty regarding the office space market as businesses have been adjusting to the realities of a more remote workforce," Jebaraj said. "What the data is showing in the Northwest Arkansas office market is that this submarket remains strong and balanced." • Commercial building permit data over the past 12 months has been historically high, with more than $1 billion in permits issued, but 69.4% of that total is permits issued for Walmart facilities, primarily the company's new campus development. "This report indicates that commercial real estate developers in the region are doing a nice job of developing the right kind of space in the right places," said Gene Gates, senior vice president and commercial loan manager for Arvest in Fayetteville. `I know our commercial lending group is working closely with Arvest clients to provide the capital needed for the region to continue intelligent development that will meet the growing needs as Northwest Arkansas continues to grow and expand." 30 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 594 of 1140 Purchase Order # 2023-00000109 File # 1385 Demographics & Market Identification Arvest Skyline Report; 2020 — First Half • In the commercial real estate market, the overall vacancy rate across all submarkets fell from 1 1.0% to 10.8% compared to the first half of 2019. • The percentage of new -construction sales was 28.5%, the highest rate since the report began, mostly on the lack of existing homes offered for sale. • The number of listed homes in the two -county area was down nearly 50%, to 1,206, when compared with the first half of 2019. During the some period, the number of lots available to build new homes in active subdivisions stood at 3,896, down more than 50% when compared with the some period in 2015 and the lowest number since the report began in 2004. Arvest Skyline Report; 2019 — Second Half — Subdivisions • There were 1,857 building permits issued in Benton and Washington Counties from July I to Dec. 30, 2019. Benton County accounted for 1,121 of the residential building permits, while Washington County accounted for 735. • 24,831 lots were in the 426 active subdivisions identified by the Skyline Report researchers in the second half of 2019 • In 74 out of 426 active subdivisions, no new construction or progress in existing construction has occurred during the last year. • During the second half of 2019, 1,461 new houses in 426 active subdivisions became occupied, down 7.4% from 1,576 in the first half of 2019. • Using the absorption rate from the past twelve months implies that there was a 23.3 supply of remaining lots in active subdivisions in Northwest Arkansas at the end of the second half of 2019. • An additional 8,985 residential lots have received either preliminary or final approval in Northwest Arkansas. Adding these proposed lots to those in active subdivisions yields 58.9 months of remaining lot inventory. • According to the Assessor' databases, 64.9 percent of houses in Benton County and 62.2 percent of houses in Washington County were owner -occupied • From July 1-Dec. 31, 2019, there were 4,910 houses sold in Benton and Washington County. This is an increase of 3.3 percent from the 4.747 sold during the same time period in the previous year. • The average sale price of a house in Benton County was $264,383 in the second half of 2019. In Washington County, the average sale price was $241,413 • There were 1,812 houses listed for sale in the MLS database as of Dec. 31, 2019, at an average list price of $379,342 31 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 595 of 1140 Purchase Order # 2023-00000109 File # 1385 4 CA Market Area Identification Market area is defined as: The geographic region from which a majority of demand comes and which the majority of competition is located. Depending on the market, a market area may be further subdivided into components such as primary, secondary, and tertiary market areas, or the competitive market area may be distinguished from the general market area." A market area can encompass one or more neighborhoods or districts or both. The investigation begins with the subject property and proceeds outward, identifying all relevant actual and potential influences on the property's value that can be attributed to the property's location. The appraiser extends the search far enough to encompass all of the influences the market indicates will affect a property's value. When no more factors that would affect the value of the subject property and of surrounding properties are found, the boundaries for analysis are set. 18 We define the subject market area as the City of Fayetteville CBD, and we will search the area for comparable data. This is the area in which investors and/or buyers would search for similar properties to purchase for investment or use. 17 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Author. 139. 18 Appraisal Institute. (2020). The Appraisal of Real Estate (15th ed.). Chicago, IL: Author. 139. 32 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 596 of 1140 Purchase Order # 2023-00000109 Demographics & Market Identification OBentonville © Fayetteville CBD © Bentonville CBD O Lowell © East Springdale O Outlying Benton Cty QFayetteville Q Outlying Washington Cty MARKET AREA MAP ORogers 0 Springdale CBD mWest Springdale Map courtesy of Fayetteville Flyer 33 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 597 of 1140 � H Purchase Order # 2023-00000109 File # 1385 T91 �zk Demographics & Market Identification The subject neighborhood is also described below for the clients' benefit in understanding the immediate surroundings and the characteristics we will seek out in comparable property neighborhoods within the market area. Neighborhood is: A group of complementary land uses; a congruous grouping of inhabitants, buildings, or business enterprises.19 A neighborhood exhibits a greater degree of uniformity than the larger surrounding area. A neighborhood will generally exhibit a more homogenous landscape with regard to building types, building styles, and building ages than would be found in the larger surrounding area. Social, economic, and governmental forces operating within a neighborhood further define it. The subject's neighborhood is Central Fayetteville near the U of A Campus Area. W Dickson St is an established commercial and entertainment district that runs East/West through the neighborhood. N West Ave runs North/South through the neighborhood. W Dickson St and N West Ave are considered the entertainment district in Fayetteville containing many local bars, restaurants, and music venues. The neighborhood also contains a mix of small single-family rental homes and multi -family rentals (apartment complexes, townhomes, condos). Much of the neighborhood's multi -family housing is marketed to University of Arkansas students. The University of Arkansas is walkable from the neighborhood and most of the neighborhood has U of A bus stops. The Razorback Greenway makes walking and biking an easy mode of transportation through the neighborhood, to downtown, onto campus, and beyond. The neighborhood is essentially fully developed and there is little undeveloped land with frontage in the neighborhood, however, redevelopment of old properties or tear downs of old structures has become common practice. The existing commercial properties range from old structures in average condition to brand new. There have been several tear -downs of old multi -family complexes with expensive redevelopment due to rapidly increasing student body and leaps in upper limits of student rents brought in by out of state student tenants and parents with high incomes. There are several older, well -established landmarks and newer revitalization projects near the subject that include: The Fayetteville Library recently completed an expansion project to the south, the Mill District to the south, The Fayetteville Square at the center, Dickson St Entertainment District to the north, The Walton Arts Center across the street to the east, and the University of Arkansas to the west. 19 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Author. 156. 34 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 598 of 1140 � H Purchase Order # 2023-00000109 File # 1385 �iJ �zk Demographics & Market Identification The subject is part of a city project called "Civic Plaza" which is part of a larger city project called "The Ramble". The city is investing over $31 million developing The Ramble which include improvements to the Fay Jones Woods to the subjects south, a new 300-space parking deck to the subject north, and Civic Plaza. Civic Plaza will consist of a gathering and event lawn, public plaza, garden spaces, and a civic promenade. Future city plans also include a hotel on the subject site and a new mixed -use building to the subject's north. The subject also benefits from walkability to many of Dickson St's and N West Ave's restaurants, retail stores, bars, and music venues. Multiple sporting venues are also walkable, including Bud Walton Arena, Reynolds Stadium, Bogle Park, Razorback Field, and John McDonnel Field. The U of A's rapidly increasing student body and opportunity has been recognized by out of state investors. Some of the nation's largest real estate investment groups have purchased or developed student housing in the area. University of Arkansas • 29,068 students enrolled • 96 undergraduate majors • 97 master's degree programs • 1,490 faculty • 3,350 staff The Razorback Greenway bike trail is also easily accessible from most of the neighborhood, and business have sprung up around it, including a new entertainment district off of Poplar St in the northern part of the neighborhood. r.rm r Trails !o snJ ; ltn Razorback Greemvay(Opan 24n) t rtJ a an ate att Anr. nnt _1)t 11 r. JIU l�kariii �r I.J9 W Dir k—', st Paved Trail(Open 2417) t 1Rs COanacm! • t LV a ! [ u n Regional N—k t t') .trt< i11 Paved Trail(Open Sunnaem 11 pm) " 11J n , nr• Unpaved Tmi 1,71 4 Subject — Mountain Bike(Easy) \1)1 = — Mountain Bike(More Dffwlt) i t re — Mountain Bike (Very DiRcuk) l t•' tfn 0 — Hikilg tlr aio M repw e ® ttu park rnq tt.t t1U OmStreet Bigde Facility D) , k - nnr, t1> itU lt4 � Bike lane(a) Climbinglene -- _ -- - --- - ) S" — Shared Roadway z ` ttt 'trrt ltt 111 itl Bikeway( ftgikeway(Right) E E N Nadrne " • r�r• trA Pa.ka E R Y rut "Um Perk O,tline ee Ia4 ,CCF slUM 35 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 599 of 1140 Purchase Order # 2023-00000109 Demographics & Market Identification FAYETTEVILLE PUBLIC LIBRARY NOW OPEN AFTER EXPANSION Today's the day. Fayetteville Public Library officials on Tuesday announced they have official reopened the library to the public after completion of a major expansion project. �J Officials said the new facility has been cleared by the City Board of Health to reopen, with limits on capacity and other restrictions in place due to the COVID-19 pandemic. The library will limit capacity to 200 patrons, with access to the building limited to only the library's main entrance on West Mountain Street and South School Avenue. Patrons should limit their visits to one hour, and study and meeting rooms will remain closed at this time. Library officials said policies and restrictions are subject to change depending on the state of the pandemic and other factors. "After touring the space late last year and referencing CDC guidelines, we arrived at our recommendations that address most needs of FPL and its patrons," said Marti Sharkey, Fayetteville Public Health Officer. "The space is large enough to allow for social distancing and has a state-of-the-art HVAC system. We feel very good about its ability to open during the pandemic while limiting the number of patrons." The facility, paid for in part by a $26.5 million millage increase approved by voters in 2016, is packed with more amenities including an expanded children's library, a 700 seat performance hall, a test kitchen, an innovation center with a recording studio, photo studio, and video studio, a movement studio, more an 100,000 books, and countless others. We wrote about some of the new features last week. "The reopening of the Blair Library and its expansion project marks the end of a venture that began as a dream almost a decade ago," said David Johnson, executive director of FPL. "I look forward to welcoming the community back to its library and can't wait to see people's reactions and how they use these spaces in ways that we never could have imagined." Story times, book clubs, and other programs will remain virtual for now. Curbside pickup for all resources will continue, as well as book concierge services, officials said. The library is open 9 a.m. until 8 p.m. Monday -Thursday, 9 a.m. until 5 p.m. on Friday and Saturday, and 1 p.m. until 5 p.m. on Sunday. For more information, or to reserve items, visit faylib.org.20 20 https://www.fayettevilleflyer.com/2021/01/19/fayetteville-public-library-now-open-after-expansion/ 36 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 600 of 1140 Purchase Order # 2023-00000109 File # 1385 Demographics & Market Identification Civic Plaza WESTAVENUE CIVIC PLAZA This will be a vibrant and active public space that fosters community gatherings and supports flexible programming. Features include a central lawn. promenade, art gardens, trails, and more. Two buildings are proposed as anchors for the south and north ends of the Civic Plaza. These will be developed through public -private partnerships. The civic space is a key element of the City's Cultural Arts Corridor, now known as The Ramble, which links some of Fayetteville's cultural and natural attractions with the downtown area and entertainment district. The City is investing over $31 million in the development of the Ramble, financed through the passage of a larger $226 million public infrastructure bond issue in 2019. The three major elements of the Ramble are the Fay Jones Woods with slreetscape and trail improvements, a new 300-space parking deck located at West Ave. and Dickson St., and the civic space with anchor buildings for this site. About the Site The design for the civic space consists of a gathering and event lawn, public plaza, garden spaces, and a civic promenade, midway between the downtown square and the University campus, and adjacent to the Razorback Regional Greenway, ensuring that this project will contribute to creating a dynamic and experiential place. The site currently consists of a surface parking lot. A new replacement parking deck will be constructed at the corner of West Ave. and Dickson St. to more efficiently serve the parking needs of the Ramble and the Dickson St. Entertainment District. The civic space is scheduled for construction, beginning with the civic plaza, once the parking deck is complete in 2023. There will be two buildings to anchor the civic plaza, a south building and a north building. About the South Building The City's intention is to make sure that development of the southern anchor building on the civic plaza will be both beautiful and of exceptional architectural quality and materiality befitting this extraordinary location. Ultimately, the City envisions this building as a model demonstration of high quality urban design that will set the standard for future downtown development. To that end, the City issued a Request for Proposals on Aug. 29, 2021 for development of the southern building. Proposals were accepted on Oct. 26, 2021. City staff have worked with Reindl Properties on a hotel and mixed -use concept that will come before the City Council in October 2022. View the Letter of Intent About the North Building The North Building will be a part of the development agreement negotiated with the replacement parking deck. More details for the mixed -use building on the north end of the civic plaza will be available soon! 21 21 https://vvww.fayetteville-ar.gov/405I/Civic-Plaza 37 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 601 of 1140 Purchase Order # 2023-00000109 File # 1385 - -. Demographics & Market Identification CULTURAL ARTS CORRIDOR The Cultural Arts Corridor received a new name in June 2021 as a result of a public renaming campaign. Once the project is complete, it will be known as The Ramble. Additionally, assets within The Ramble that offer distinct experiences have received new names or have retained existing, historical names. WHAT IS THIS PROJECT? The Cultural Arts Corridor is a dynamic new 50-acre outdoor public space that will help to revitalize Fayetteville's downtown area and create a destination for residents and visitors alike. Linking the City's key cultural institutions —including the Walton Arts Center, TheatreSquared, Nadine Baum Studios, Fayetteville Public Library, and the University of Arkansas' Art and Design District —the corridor will showcase and celebrate local arts culture. It will also enhance civic space and serve as a catalyst for additional development and density in the downtown area, increasing bike trails and connections, and improving streets and walkability. This project is part of a Bond package approved by Fayetteville voters in April 2019. The plan for this transformative project is made possible by a grant from the Walton Family Foundation's Design Excellence Program. Award -winning landscape architects Nelson Byrd Woltz (NBW) were selected to design the corridor. PROJECT HIGHLIGHTS There are five primary elements included in plans for the Cultural Arts Corridor bond project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woodland, The Razorback Greenway, and a new parking deck at the corner of West and Dickson streets. The work will be conducted in two phases. WHAT IS THE CURRENT STATUS? Updated 1011312022 o Fay Jones Woods: Complete o West Avenue Streetscapes: o South St. to Center St. is complete 38 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 602 of 1140 Purchase Order # 2023-00000109 File # 1385 Demographics & Market Identification o Center St. to Meadow St. is underway o Meadow St. to Dickson St. work will begin soon, with completion expected in March 2023. o Razorback Greenway Improvements (CAC): Greenway trail to Spring St. will begin soon. WHEN WILL IT BE COMPLETED? Replacement Parking: Location: Depot lot at the NW corner of Dickson St. & West Ave. Phase One Bond funding: $10 mil. o Design and Bidding: Summer 2020 - Summer 2021 o Construction: Begins January 2022 Fay Jones Woods, Streetscapes and Trails Phase One Bond funding: $10.3 mil. o Construction: Spring 2020 - May 2022 West Avenue Civic Plaza: Design only (Construction in Phase Two after completion of replacement parking) Phase One Bond funding: $500,000 o Design and Bidding: Summer 2021 - Fall 2022 o Construction: Fall 2022 - Spring 2024 PHASE MAP AND TIMELINE NORTH / •I�-,JL� .6-T.1ENit.. Its .... ®'• .. . .. ...... ,� FAY JONES ................ WOODS . Y .......... • • • • • • • "pp2ppgMKGREENWAY BOND •• ••�l i'i•._�_ �.'7 •••GREGG AVENUE•••• PHASE 1 BOND PHASE 2 ••...•. BOND PHASE 1 39 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 603 of 1140 � H Purchase Order # 2023-00000109 File # 1385 �iJ �zk Demographics & Market Identification NEIGHBORHOOD Neighborhood Outlook: Current prices are stable to increasing. We expect that the neighborhood will continue to be a stable to increasing area, due to the high demand and continued expansion within the entertainment district, arts corridor, Razorback Greenway, and University of Arkansas. 40 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 604 of 1140 Purchase Order # 2023-00000109 File # 1385 Analysis and Conclusions 41 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 605 of 1140 Purchase Order # 2023-00000109 File # 1385 �czk HIGHEST AND BEST USE ANALYSIS Highest and Best Use is: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 22 The theoretical focus of highest and best use analysis is on the potential uses of the land as though vacant. In practice, however, the contributory value of the existing improvements and any possible alteration of those improvements are also important in determining highest and best use and, by extension, in developing an opinion of the market value of the property. In the analysis of highest and best use of land as though vacant, we ask the following questions: o Should the land be developed or left vacant? o If left vacant, when would future development be financially feasible? o If developed, what kind of improvements should be built? The analysis of the highest and best use of the real estate as improved answers a different question than the analysis of the land as though vacant: o Should the existing improvements on the property be maintained in their current state, should they be altered in some manner to make them more functionally efficient, or should they be demolished to create a vacant site for a different use? o If renovation or redevelopment is warranted, when should the renovations or redevelopment occur? " Typically, when the value of a property as improved is greater than the value of the land as though vacant, the highest and best use is "as improved". Sometimes, a property's existing use may represent an interim use in which case the value equals the land value for the proposed highest and best use plus the contributory value of the current improvements until the proposed highest and best use is later achieved. Property owners redeveloping a parcel of land sometimes remove an improvement even when the value of the property as improved exceeds the value of the vacant land. The costs of demolition and any remaining improvement values are taken into consideration when testing the financial feasibility of redevelopment. Four steps are applied in the following order to determine the appraiser's highest and best use opinion: Physically Possible; Legally Permissible; Financially Feasible; Maximally Productive 22 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Page 109. 23 Appraisal Institute. (2020). The Appraisal of Real Estate (15th ed.). Chicago, IL: Page 308 42 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 606 of 1140 Purchase Order # 2023-00000109 File # 1385 � c/k HIGHEST AND BEST USE ANALYSIS continued: Physically Possible: The availability and capacity of public utilities appear to be adequate for the subject property, and the land is located outside of the flood hazard area. No subsoil study was provided the appraiser and it is assumed that the subsoil conditions will not make utilization of the site restrictive or costly and that the site's potential future use is not affected. Alternative uses that would require a larger site are physically prohibited. "As vacant," the subject property could be developed as any number of uses that would not be limited by the property's size and shape, terrain or by the availability of utilities. Legally Permissible: The property is subject to zoning restrictions and is labeled MSC; Main Street Center. "As vacant," the subject property could legally be put into service for any use consistent with this zoning classification or the future land use plans of the city. Note: This appraisal is subject to the owner having all applicable permits from local authorities, state authorities and other bodies that have jurisdictional authority over the subject property. Financially Feasible: There may be numerous uses for the subject property. All uses that are expected to produce a positive return, after expenses, are regarded as economically feasible. A comprehensive marketability or feasibility study was not requested nor performed in conjunction with this report. The appraisers utilize inferred market analysis. The projections utilized are based on our experience with other similar properties in the market area and the market studies at our disposal. "As vacant": Given immediate neighborhood trends, a number of commercial, arts -related, public space, retail, restaurant, or bar uses considered feasible, as well as parking. 43 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 607 of 1140 � H Purchase Order # 2023-00000109 File # 1385 LF91 CZA HIGHEST AND BEST USE ANALYSIS continued: Maximally Productive: The physically possible, legally permissible, and financially feasible use that results in the highest present value is the Maximally Productive Use. This assumes maximized profitability. Maximum profitability is somewhat subjective depending on ownership knowledge, management ability, management costs, changes in supply as well as other fluctuations in income and expenses, but it can be narrowed to a reasonable conclusion which also considers the risk of the use. "As vacant": Given immediate neighborhood trends; the immediate, maximally productive use is commercial land as an investment pending development for uses that maximize the building area. Considering the surrounding arts buildings, entertainment district and university draw; and also considering the small number of downtown hotel rooms, hotel use meets the criteria to be considered the highest and best use. 44 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 608 of 1140 Purchase Order # 2023-00000109 File # 1385 9CA THE VALUATION PROCESS The Valuation Process is: A systematic procedure an appraiser follows to provide answers to a client's questions about real property value. " The number of steps depends on the intended use of the assignment results, the nature of the property, the scope of work, and the availability of data. In assignments to develop an opinion of market value, the ultimate goal of the valuation process is a well -supported value conclusion that reflects all of the pertinent factors that influence the market value of the property being appraised given the intended use and users. To achieve this goal, an appraiser studies a property from three different viewpoints, which are referred to as the approaches to value. The three approaches to value typically used in the valuation process are briefly introduced below: 1. In the cost approach, value is indicated by the current cost of reproducing or replacing the improvements (including indirect costs and entrepreneurial incentive), less depreciation, plus land value. 2. In the sales comparison approach, value is indicated by analysis of sales of comparable properties appropriately adjusted for differences from the subject property. 3. In the income capitalization approach, value is indicated by the present value of a property's earning power, based on the capitalization of income. From the approaches applied, the appraiser develops separate indications of value for the property being appraised. To complete the valuation process, the appraiser integrates the information drawn from market research, data analysis, and the application of the approaches to reach a value conclusion. This conclusion may be presented as a single point estimate of value or, if the assignment permits, as a range within which the value may fall (or as a relationship to a point referenced from a benchmark amount). The effective integration of all the elements in the process depends on the appraiser's skill, experience, and judgment.21 One or more approaches to value may be used depending on which approaches are necessary to produce credible assignment results, given the intended use. As explained in the scope of work, this appraisal utilizes the Sales Comparison Approach to value the subject property as it is the most common and preferred method of land valuation. 24 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Page 243. 25 Appraisal Institute. (2020). The Appraisal of Real Estate (15th ed.). Chicago, IL: Page 30. 45 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 609 of 1140 Purchase Order # 2023-00000109 File # 1385 �czk LAND VALUE The Sales Comparison Approach: In the sales comparison approach, an opinion of market value is developed by comparing properties similar to the subject property that have recently sold, are listed for sale, or are under contract (i.e., for which purchase offers and a deposit have been recently submitted). A major premise of the sales comparison approach is that an opinion of the market value of a property can be supported by studying the market's reaction to comparable and competitive properties.zb To apply the sales comparison approach, appraisers follow a systematic procedure:27 Research the competitive market for information on properties that are similar to the property being appraised and that have been sold recently, or were listed for sale, or are under contract. Information on agreements of sale, options, listings, and bona fide offers may also be collected. The characteristics of the properties such as property type, date of sale, size, physical condition, location, and land use constraints should be considered. The goal is to find a set of comparable sales or other evidence such as property listings or contracts as similar as possible to the subject property to ensure they reflect the actions of similar buyers. Market analysis and highest and best use analysis set the stage for the selection of appropriate comparable sales. Verify the information by confirming that the data obtained is factually accurate and that the transactions reflect arm's-length market considerations. Verification should elicit additional information about the properties such as buyer and seller motivations, economic characteristics (if the property is income -producing), value component allocations, and other significant factors as well as information about the market to ensure that comparisons are credible. • Select the most relevant units of comparison used by participants in the market (e.g., price per acre, price per square foot, price per front foot, price per dwelling unit, price per /at or proposed /at, price per room) and develop a comparative analysis for each unit. The goal is to define and identify a unit of comparison that explains or mirrors market behavior. Look for differences between the comparables being considered and the subject property using all appropriate elements of comparison. Then adjust the price of each comparable, reflecting how it differs to equate it to the subject property or eliminate that property as a comparable. This step typically involves using the most similar properties and then adjusting for any remaining differences. If a transaction does not reflect the actions of a buyer who would also be attracted to the subject property, an appraiser should be concerned about comparability and the wisdom of relying on that comparable as a basis for comparison. Reconcile the various value indicators produced from the analysis of comparable into a value indication from the sales comparison approach. A value can be expressed as a single point estimate, as a range of values, or in terms of a relationship (e.g., more or less than a given amount). 26 Appraisal Institute. (2020). The Appraisal of Real Estate (I 5th ed.). 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Purchase Order # 2023-00000109 File # 1385 R CA Land Value, continued LAND COMPARABLE #1 Vacant Land 18 E 4th St Fayetteville AR 72701 County Parcel 765-07012-000 Property Type Vacant Land Property Sub Type Dev Potential Planned Use Unknown Zoning NC; Neighborhood Conservation Land Area 0.16Acres Land Area 6,970 SgFc a-- Front Feet }" Flood Status Zone X Traffic Counts N/A VPD Utilities All Utilities Available Closed/Listing/Pending Recorded Fee Simple/Leased Fee Fee Simple Sale Date 5/23/22 Sale Price $ 175,000 $/SgFt MLS# 1215541 Price/Acre $ 1,093,750.00 $ 25.11 Asking Price $ 185,900 Sale to List 94% DOM 40 Price Adjustment $ - Adjusted Price $ $/SgFt,. Adj Price / Acre $ $ Previous SHre Date 0.0 ince sale Q' Previous Sale Price $ e Chan a 0.0% Recorded Buyer Stephen Charles & Katie Diane Day Recorded Seller John J &Jessica L Felty True Buyer Stephen Charles & Katie Diane Day True Seller John J &Jessica L Felty Contact Contact Source: County Records and MLS report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attempted to reach buyer but was unsuccessful. Great location in South Fayetteville just blocks to many amenities and town square. Level lot in growing area. Lot is nestled in established neighborhood with new and quaint older homes. Development opportunity. 48 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 612 of 1140 Purchase Order # 2023-00000109 i-� N, Im: Fall Downtown Land r nty Parcelerty Typeerty Sub Typeed Use Land Area Land Area 357 5 West Ave 765-05530-000 Vacant Land Downtown Land Unknown DG; Downtown Genteral 0.12 Acres 5,227 SgFt LAND COMPARABLE #2 Land Value, continued Flood Status Zone X Traffic Counts N/A Utilities All Utilities Available Closed/Listing/Pending Recorded Property Rights Fee Simple Listing Date 3/22/21 Sale Price $ 155,000 MLS # 1 1 15245 Asking Price / Acre „ Asking Price $ 155,000 Deed # 2021-0001 1283 - Sale to List 100% DOM Adjusted Price $ Adj Price / Acre Deed Previous Sale Date 0.0 Yrs since sale Price ChangeNear Previous Sale Price PA'. 0.0% Recorded Buyer Chris & April Copeland Recorded Seller Next Adventure Enterprises, LLC True Buyer Chris & April Copeland True Seller Roy Blair Contact Contact Source: MLS and County Records report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attemtped to reach buyer but was unsuccessful Flat & Level Lot, Development Potential, Backs up to Fayetteville Trail System, Two blocks off S School/ Downtown General Zoning, Minutes from Fayetteville Square, University of Arkansas, and Dickson Street 49 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 613 of 1140 Purchase Order # 2023-00000109 i-� �: 5101 LAND COMPARABLE #3 Downtown Land t 307 S School Ave County Parcel 765-05473-000 Property Type Vacant Land Property Sub Type Multifamily Land Planned Use Townhouses Zoning DG; Downtown General Land Area 0.16 Acres Land Area 6,970 SgFt Flood Status Zone X Traffic Counts 3,300 Utilities All Utilitites Available. Closed/Listing/Pending Recorded Property Rights Fee Simple Sale Date 10/12/20 Sale Price $ 165,000 MLS # 1147431 Price / Acre Asking Price $ 179,500 Deed # 2020-00036829 Sale to List 925 DOM 68 Adjusted Price $ 180,000 Adj Price / Acre Deed Previous a e Date 0.0 Yrs since sale Price Change/Year Previous Sale Price 0.0% Recorded Buyer Eric and Katy Siebert Recorded Seller Patricia S. Galvez True Buyer Eric and Katy Siebert True Seller Patricia S. Galvez Contact Contact Source: MLS, Buyer, and Sales Contract report similar details for the property and sale. Great investment property zoned DG (Downtown General). Build multi -family, shops, church, school, daycare, cafe, etc Sold with old house on property. Adjusted price by cost to have house removed. Land Value, continued 50 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 614 of 1140 Purchase Order # 2023-00000109 i-� 5101 Im: SAN LAND COMPARABLE #4 Multi -Family Land I I I S Duncan Ave County Parcel 765-14437-000 Property Type Vacant Land Property Sub Type Dev Potential Planned Use Unknown Zoning RMF-40; Residential Multi -Family Land Area 0.25 Acres Land Area 10,890 SgFt Flood Status Zone X Traffic Counts 1,700 Land Value, continued Utilities All Utilities Availab Closed/Listing/Pending Recorded Property Rights Fee Simple Sale Date 9/16/19 Sale Price $ 235,000 MLS# 1118906 Price / Acre 940,000 Asking Price $ 249,000 Deed # 2019-00028377 Sale to List 94% DOM 80 Adjusted Price $ 250,000 a Adj Price / Acre $ 1,000,000 Deed Previous Sale Date 0.0 since sale Previous Sale Price $ 0.0% Recorded Buyer Fayetteville School District #1 Recorded Seller Beverly Norton & Michael Jeffrey Walker True Buyer Fayetteville School District #I True Seller Beverly Norton & Michael Jeffrey Walker Contact Contact Source: County Records and MLS report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attempted to reach buyer but was unsuccessful. Location, Location, Location! Situated within WALKING distance of the University and Fayetteville High School, Zoned Residential Multi -family - Forty Units per Acre (able to build residential or multi -family). Also being sold as residential, see MLS 11 18901. PrODerty sold with old single-family home sitting on DrODerty. Adisuted price based on cost to have building removed. 51 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 615 of 1140 Purchase Order # 2023-00000109 i-� 5101 Im: SAN LAND COMPARABLE #5 Vacant Land � 307 S School Ave County Parcel 765-05474-000 Property Type Vacant Land Property Sub Type Redevelopment of Old Home Planned Use Single -Family Home Zoning DG; Downtown General Land Area 0.17 Acres Land Area 7,405 SgFt Flood Status Zone X Traffic Counts 3,700 Land Value, continued Utilities All Utilities Available Closed/Listing/Pending Recorded Property Rights Fee Simple Sale Date 6/28/19 Sale Price $ 170,000 MLS# 1107401 Price/Acre $ 1,000,000 $ 22.96 per SqFt Asking Price $ 187,000 Deed # 2019-00019444 Sale to List 91 % DOM 121 Adjusted Price $ 185,000 Atli Price / Acre $ 1,088,235 Deed Previous Sale Date 0.0 ince sale Previous Sale Price N/ $ 0.0% Recorded Buyer Chris Hill Recorded Seller lCarol Christine Paschal Rosebeary True Buyer Chris Hill True Seller Carol Christine Paschal Rosebeary Contact Contact Source: County Records and MLS report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attempted to reach buyer but was unsuccessful. Location, Location! Priced at land only and home of no value. This lot is located in the Downtown Master Plan. Home is of no value and is priced for land only. Close to new extension of Fayetteville Public Library. Also the new development on Prairie and West Ave ,Bike Trail and the Arts District. The lot is 50x150 and has an alley in back. Property sold with old single-family home on it. Adiusted Drice based on the cost to have home removed. 52 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 616 of 1140 Purchase Order # 2023-00000109 Land Value, continued LAND COMPARABLE #6 Downtown Land 304 S School Ave Fayettevi a 72701 County Parcel 765-05470-000,765-05471-000 Property Type Vacant Land Property Sub Type Downtown Land Planned Use Unknown -ti Zoning DG; Downtown General~ Land Area 0.34 Acres Land Area 14,810 SgFt Flood Status Minimal Traffic Counts Slopes away from street �: Utilities All Utilties Available Closed/Listing/Pending Closed Recorded Property Rights Fee Simple PWs7 Sale Date 4/17/19 Sale Price $ 330,000 MLS# 1079534 + s, Price /Acre 970,588 Asking Price $ 375,000 Deed # 2019-00010798 I Sale to List 88%; DOM 344 ,.,.. Adjusted Price $ 345,000 'i yy ,wry , Adj Price / Acre $ 1,014,706 $ 23.29 per SqFt f0p, ' Deed " ^ Previous Sale Date7-N 0.0 Yrs since sale Price Change/Year Previous Sale Price 0.0% Recorded Buyer Jeffrey David & Amy Lynn Rich Recorded Seller Victoria G Mayo True Buyer Jeffrey David & Amy Lynn Rich True Seller Victoria G Mayo Contact Contact Source: MLS and County Records report similar details for the property and sale. Attempted to reach the buyer but was unsucessful. Beautiful lot located near downtown Fayetteville. Currently Zoned Downtown General. Many great development opportunities! (Adjusted $15,000 for removal of single family home, not worth anything. 53 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 617 of 1140 Purchase Order # 2023-00000109 i-� �: SAN LAND COMPARABLE #7 Downtown Land 212 N Church Ave Fayetteville County Parcel 765-01672-001 Property Type Vacant Land Property Sub Type Downtown Land Planned Use Unknown Zoning MSC; Main Street Center Land Area 0.27 Acres Land Area 11,761 SgFt Flood Status Zone X Traffic Counts N/A Land Value, continued Utilities All Utilities Available Closed/Listing/Pending Closed Recorded Property Rights Fee Simple a "^ Sale Date 12/28/18 Sale Price $ 36Q000 MLS# 1049455 , ? Price Acre Asking Price $ 475,000 Deed # 2018-00038226 G Sale to List 76% DOM 570 Adjusted Price �^ Atli Price / Acre Deed J , -- Previous Sale Date 0.0 Yrs since sale Price Change/Year Previous Sale Price Pric 0.0% Buyer John T Canterbury Recorded Seller Mark Zweig, Inc ERecorded True Buyer John T Canterbury True Seller Mark Zweig, Inc Contact Contact Source: MILS and County Records report similar details for the property and sale. Attempted to reach buyer but was unsucessful. One of the premier lots in the Downtown Fayetteville area located less than a block from Dickson Street and a few blocks from the Downtown Square and the Fayetteville Public Library. Approximately .27 acre flat lot with alley access for a rear garage and ready for the perfect custom home. 54 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 618 of 1140 Purchase Order # 2023-00000109 i-� %I, Im: Fall LAND COMPARABLE #8 Commercial Land 641 MLK Jr Blvd Fayetteville County Parcel 765-13013-000,765-13013-001 Property Type Vacant Land Property Sub Type Dev Potential Planned Use Arts District Zoning 1-1; Heavy Commercial & Light Industrial Land Area 0.32 Acres Land Area 13,939 SgFt 72701 Land Value, continued Flood Status Zone X Traffic Counts 25,000 Utilities All Utilities Available all — Closed/Listing/Pending Recorded Property Rights Fee Simple Sale Date 2/28/18 N Sale Price $ 500,000 Price / Acre $ 1,562,500 $ 35.87 per SqFt -- Asking Price Deed # 2018-00005695 AN Sale to List DOM I � Adjusted Price $ 515,000 Atli Price / Acre Deed —, Sale Date 0.0 since sale At Previous Sale Price $ ice Chan a 0.0% Recorded Buyer Board of Trustees of the U of A Recorded Seller Eliot H & Jo Ann Kaminsky True Buyer Board of Trustees of the U of A True Seller Eliot H & Jo Ann Kaminsky Contact Contact Source: County Records Property sold with old rundown buildings on property which has since been torn down. Adjusted price based on costto have buildings removed Property to be new site of Windgate Studio and Design Center. 55 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 619 of 1140 Purchase Order # 2023-00000109 i-� 5101 E: LAND COMPARABLE #9 Land 299 N Block Ave Fayetteville 765-01669-000;765-01670-000; County Parcel 765-01668-000; 765-01666-000; 765-01667-000 Property Type Vacant Land Property Sub Type Redevelopment Planned Use Retail/Parking Zoning MSC; Main Street Center Land Area 1.42 Acres Land Area 61,855 SgFt Flood Status Zone X Traffic Counts 7,600 Land Value, continued Utilities All Utilities Available Closed/Listing/Pending Recorded Property Rights Fee Simple ... Sale Date 6/23/17 m, Sale Price $ 4,400,000 MLS # 1041772 Price/Acre $ 3,098,592 Asking Price Deed # 2017-00019901 3 Sale to List DOM 101 Adjusted Price $ 4,415,000 ; Adj Price / Acre Deed Pi�Jate N/A 0.0 Yrs since sale Previous Sale Price N/ $ Price Chan 0.0% Recorded Buyer 151 Dickson Development, LLC Recorded Seller Collier Diversification Specialties, LLC True Buyer 151 Dickson Development, LLC True Seller C. Mel Collier Contact Contact Source: County Records, Appraiser, and MLS report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attempted to reach buyer but was unsuccessful. Property has +/-324 Ft of frontage on Dickson St. This land sold with a former office building (building shell) that has no contributory value and a paved parking area. Adjusted price based on cost to have building removed. Building was gutted and remodeled into a retail store. 56 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 620 of 1140 Purchase Order # 2023-00000109 File # 1385 R CA Land Value, continued LAND COMPARABLE #10 Vacant Land 322 W Meadow St Fayetteville 72701 County Parcel 765-01770-000 Property Type Vacant Land Property Sub Type Dev Potential Planned Use Broadcast Facility -* Zoning DG; Downtown General Land Area 0.14 Acres Land Area 6,098 SgFt Flood Status Zone X Traffic Counts N/A Utilities All Utilities Available Closed/Listing/Pending Recorded Property Rights Fee Simple Sale Date 5/15/17 Sale Price $ 225,000 MLS# 1047994 Price / Acre Asking Price $ 225,000 Deed # 2017-0001 S559 Sale to List 100% DOM I Adjusted Price $ Atli Price / Acre Deed Previous Sale Date N/A 0.0 Price C PrevioM&§Lle Price Recorded Buyer Jane Hunt Meade Recorded Seller David Lee & Ronda Lynn Chuoke True Buyer Jane Hunt Meade True Seller David Lee & Ronda Lynn Chuoke Contact Contact Source- County Records and MLS report similar details for the property and sale. We verified and compliled the most reliable details from each source. Attempted to reach buyer but was unsuccessful. Sold Before Print Broadcast studio now sits on this propety, was constructed in 2019. 57 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 621 of 1140 Purchase Order # 2023-00000109 File # 1385 kCZA Land Value, continued Adjustments to Comparable Sales are: Mathematical changes made to market data to facilitate comparison or understanding. When dollar adjustments are used, individual differences between comparable properties and the subject property are expressed in terms of plus or minus dollar amounts. With percentage adjustments, individual differences are reflected in plus or minus percentage differentials. 28 Due to the uncommon subject characteristics of downtown land in the center of the fully built- up entertainment district, no perfect data or matched -pairs were available, so we use qualitative adjustment. We judge the properties on a scale of poor; fair; average; good; excellent, and we apply a 5% adjustment to each level of disparity, based on the range displayed by the comparable set. It is a method of relative adjustment used by our peers and approved by the Appraisal Institute. This method has proven, over time, to reach reasonable market -guided results, given proper selection and verification of the comps and using the appraisers' experience in the local market. The goal is not to reach perfect adjusted price points for each property but to account for qualitative differences and narrow the resulting range of prices to a range that offers a reliable and credible value indication. Therefore, the comparable selection and weighting will be as important to the final valuation as adjustments. Adjustment grid to follow: 28 Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.). Chicago, IL: Author. 4-5. 58 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 622 of 1140 Purchase Order # 2023-00000109 File # 1385 R CA Land Value, continued LAND COMPARABLE SALES ADJUSTMENT GRID: Element of Comparison ale Price Subject Comp#1 $ 175 000 Comp#2 $ I SS 000 Comp#3 $ 180 000 Comp#4 $ 250 000 Comp #5 $ 185 000 Real Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjustment $ - $ - $ - $ - $ - Adjusted Sales Price $ 175,000 $ 155,000 $ 180,000 $ 250,000 $ 185,000 Conditions Typical Typical Typical Typical Typical Adjustment $ - $ - $ - $ - $ - Adjusted Sale Price $ 175,000 $ 155,000 $ 180,000 $ 250,000 $ 185,000 Financing Typical Typical Typical Typical Typical Adjustment $ $ - $ - $ - $ - Adjusted Price $ 175,000 $ 155,000 $ 180,000 $ 250,000 $ 185,000 Size (SgFt) 6,970 5,227 6,970 10,890 7,405 Market Conditions (Time) 1/26/23 5/23/2022 3/22/2021 10/12/2020 9/16/2019 1 6/28/2019 Elasped time (Years) 0.68 1.85 2.29 3.36 3.58 Adjustment 5% $ 2.74 $ 2.96 $ 3.86 $ 4.48 Location Excellent Inferior Inferior Inferior Inferior Inferior Adjustment 30% 25% 20% 25% 20% Frontage / Visibility Good Inferior Inferior Inferior Inferior Inferior Adjustment 25% 20% 15% 20% 15% Zoning MSC Inferior Inferior Inferior Inferior Inferior Adjustment 7stories 25% :i% 10% i 10% 15% i•. 10% Sale Price $ 345,000 $ 360,000 $ 515,000 $ 4,415,000 $ 225,000 Real Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjustment $ - $ - $ - $ - $ - Adjusted Sales Price $ 345,000 $ 360,000 $ 515,000 $ 4,415,000 $ 225,000 Conditions Typical Typical Typical Typical Typical Adjustment $ - $ - $ - $ - $ - Adjusted Sale Price $ 345,000 $ 360,000 $ 515,000 $ 4,415,000 $ 225,000 Financing Typical Typical Typical Typical Typical Adjustment $ - $ - $ - $ - $ - Adjusted Price $ 345,000 $ 360,000 $ 515,000 $ 4,415,000 $ 225,000 Size (SgFt) 21,927 14,810 11,761 13,939 61,855 6,0981 Market Conditions (Time) 1/26/23 4/17/2019 12/28/2018 2/28/2018 6/23/2017 5/15/2017 Elasped time (Years) 3.78 4.08 4.91 5.60 5.70 Adjustment Location 5% Excellent $ 4.40 Inferior $ 6.25 Inferior $ 9.07 Inferior $ 19.98 Similar $ 10.52 Inferior Adjustment 20% 15% 10% 10% Frontage/ Visibility Good Inferior Inferior Superior Superior Inferior Adjustment 10% 15% -5% -25% 15% Zoning MSC Inferior Similar Similar Similar Inferior Adjustment Net Adjustments 7 stories 10% 0• 10% 59 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 623 of 1140 Purchase Order # 2023-00000109 File # 1385 kCA Land Value, continued Property Rights: In all cases, an estate equivalent to the fee simple estate was conveyed. In this portion of the analysis, the value indication sought is the market value of the fee simple estate of the land. Thus, no adjustments are required. Conditions of Sale: In all sales, conditions were considered similar, therefore no adjustment was required. Financing: All sale prices are considered to represent cash or cash equivalent sale prices and no adjustments are typically required. Expenses Immediately Following Sale: One consideration that must be taken into account when developing a sales comparison approach are expenses immediately following sale. The principle behind this being the purchaser knew prior to the consummation of sale said expenses would have to be exerted and thus the grantee took this into account in the purchase price. These expenditures are typically figured into the sale price and explained in the comp sheet. Market Conditions (Time) Adjustment: Overall, the land market in NWA has steadily appreciated since 2017. We use an appreciation rate of 5% per year based on MLS average price changes. Location: The subject is a very rare location in the middle of the entertainment district. Even among downtown properties, this is a superior location amongst large draws like Walton Arts Center, Theater Squared and several bars and restaurants. All of the Comps, except Comp #9 are less centrally located in the Downtown/Dickson St area making them inferior when compared to the central location of the subject. We made the necessary qualitative adjustments to all other comps. Frontage/Visibility/Access: Similarly, virtually all of the comps have lower traffic counts and less foot traffic making them inferior when compared to that of the subject. Only Comps #8 and #9 are superior by comparison, due to the high traffic counts along MLK and the corner location and access of Comp #9. We made the necessary qualitative adjustments. Zoning: The subject is zoned MSC; Main Street Center. All of the comps have some potential crossover or substitute uses with the subject. Comp # 1 and Comp #4 are zoned for residential and multi -family uses making them inferior. We made the necessary qualitative adjustments. The subject's zoning allows for structures of up to 7-stores to be constructed, which also makes it superior to most other downtown zoning. All but Comps #9, #8, and #7 have more restrictive zoning requirements. 60 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 624 of 1140 Purchase Order # 2023-00000109 File # 1385 kCZA Land Value, continued (Other Comparisons: Utilities: No adjustments were necessary. All properties have typical city utilities. Topography / Flood: For the most part, the subject and comps have similar topography. No adjustments were needed. Size Adjustment: The comps display no size discount for downtown land in this size range.) CONCLUSION: We weight the sales based on the most similar location, zoning and overall potential use. Tract A: Comp Comp#I $ SqFt $ 45.19 % Weighting 5% Value Contribution $2.26 Comp #2 $ 50.21 10% $5.02 Comp #3 $ 41.73 5% $2.09 Comp #4 $ 42.91 5% $2.15 Comp #5 $ 42.72 5% $2.14 Comp #6 $ 38.78 10% $3.88 Comp #7 $ 47.91 15% $7.19 Comp #8 $ 48.32 15% $7.25 Comp #9 $ 68.51 25% $17.13 Comp #10 $ 64.02 15% -imii� . $3.20 i 7 $52.29 $ 1,146,604 Tract B: According to the city client, permanent structures will be restricted on this land. Tracts of other sites in Northwest Arkansas with similar restrictions sold at discounts from 50% to 75%; therefore, we adjust the market price accordingly. (A comparison to local land leases indicates the minimal discount to be the most appropriate for the subject location and potential as a food truck or other similar use site.) Estimated Limited Use Adju 61 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 625 of 1140 Purchase Order # 2023-00000109 File # 1385 kCZA Land Value, continued Tract E: The following value is based on the size quoted by the city with only general locational details. If some portion of the subject proposed trail lies within city -owned land or easements, the land value would not necessarily be impacted but the expected compensation due to the trail easement could be lessened. The city further indicated that parking changes or loss of parking would be part of a separate negotiation; therefore, we did not consider any parking effects although they appear substantial. Given that these would be our primary concerns about the specific location of the trail, we valued the trail based on the size provided and the general locational characteristics. We did not specifically estimate compensation or damages. We did consider easement value versus fee simple value. Considering the high usage of the trail and the full-time surface usage along with the permanent trail improvements, the easement effectively restricts any use by the landowner; therefore, the loss of value due to the permanent easement is equivalent to the fee simple market value. $ / SgFt •.- rrnrr F VnhiP (Rr)w 62 Reindl Properties, Inc. / Civic Plaza, N West Ave., Fayetteville, AR Page 626 of 1140 Assumptions /Limiting Conditions Unless otherwise specifically noted in the body of the report, it is assumed that title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. HCA is not aware of any title defects, nor has it been advised of any unless such is specifically noted in the report. HCA, however, has not examined title and makes no representations relative to the condition thereof. Documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of title have not been reviewed. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a qualified title company that issues or insures title to real property. Unless otherwise specifically noted in the body of this report, it is assumed: that the existing improvements on the property or properties being appraised are structurally sound, seismically safe and code conforming, that all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are in good working order with no major deferred maintenance or repair required, that the roof and exterior are in good useful condition and free from intrusion by the elements; that the property or properties have been engineered in such a manner that the improvements, as currently constituted, conform to all applicable local, state, and federal building codes and ordinances. HCA professionals are not engineers and are not competent to judge matters of an engineering nature. HCA has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of improvements. Unless otherwise specifically noted in the body of the report: no problems were brought to the attention of HCA by ownership or management. Structural problems and/or building system problems may not be visually detectable. If negative findings are reported by engineering consultants, HCA reserves the right to amend the appraisal conclusions reported herein. 3. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property was not observed by the appraisers. HCA. has no knowledge of the existence of such materials on or in the property. HCA., however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. We have inspected, as thoroughly as possible by observation, the land, however, it was impossible to personally inspect conditions beneath the soil. Therefore, no representation is made as to these matters unless specifically considered in the appraisal. 4. All furnishings, equipment and business operations, except as specifically stated and typically considered as part of real property, have been disregarded with only real property being considered in the report Page 627 of 1140 unless otherwise stated. Any existing or proposed improvements, on or off -site, as well as any alterations or repairs considered, are assumed to be completed in a workmanlike manner according to standard practices based upon the information submitted to HCA. This report may be subject to amendment upon re -inspection of the subject subsequent to repairs, modifications, alterations and completed new construction. Any estimate of Market Value is as of the date indicated, based upon the information, conditions and projected levels of operation. 5. It is assumed that all factual data furnished by the client, property owner, owner's representative, or persons designated by the client or owner to supply said data are accurate and correct unless otherwise specifically noted in the appraisal report. Unless otherwise specifically noted in the appraisal report, HCA. has no reason to believe that any of the data furnished contain any material error. information and data referred to in this paragraph include, without being limited to, numerical street addresses, lot and block numbers, Assessor's Parcel Numbers, land dimensions, square footage area of the land, dimensions of the improvements, gross building areas, net rentable areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any material error in any of the above data could have a substantial impact on the conclusions reported. Thus, HCA. reserves the right to amend conclusions reported if made aware of any such error. Accordingly, the client -addressee should carefully review all assumptions, data, relevant calculations, and conclusions within 30 days after the date of delivery of this report and should immediately notify HCA. of any questions or errors. 6. The date of value to which any of the conclusions and opinions expressed in this report apply, is set forth in the Letter of Transmittal. Further, that the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American Dollar on that date. This appraisal is based on market conditions existing as of the date of this appraisal. Under the terms of the engagement, we will have no obligation to revise this report to reflect events or conditions which occur subsequent to the date of the appraisal. However, HCA will be available to discuss the necessity for revision resulting from changes in economic or market factors affecting the subject. 7. HCA assumes no private deed restrictions limit the use of the subject. 8. Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposit or subsurface rights of value involved in this appraisal, whether they be gas, liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this appraisal report. Unless otherwise stated it is also assumed that there are no air or development rights of value that may be transferred. 9. HCA. is not aware of any contemplated public initiatives, governmental development controls, or rent controls that would significantly affect the value of the subject. 10. The estimate of Market Value, which may be defined within the body of this report, is subject to change with market fluctuations over time. Market value is highly related to exposure, time promotion effort, terms, motivation, and conclusions surrounding the offering. The value estimate(s) consider the productivity and relative attractiveness of the property, both physically and economically, on the open market. Page 628 of 1140 I I. Any cash flows included in the analysis are forecasts of estimated future operating characteristics are predicated on the information and assumptions contained within the report. Any projections of income, expenses and economic conditions utilized in this report are not predictions of the future. Rather, they are estimates of current market expectations of future income and expenses. The achievement of the financial projections will be affected by fluctuating economic conditions and is dependent upon other future occurrences that cannot be assured. Actual results may vary from the projections considered herein. HCA does not warrant these forecasts will occur. Projections may be affected by circumstances beyond the current realm of knowledge or control of HCA. 12. Unless specifically set forth in the body of the report, nothing contained herein shall be construed to represent any direct or indirect recommendation of HCA to buy, sell, or hold the properties at the value stated. Such decisions involve substantial investment strategy questions and must be specifically addressed in consultation form. 13. Also, unless otherwise noted in the body of this report, it is assumed that no changes in the present zoning ordinances or regulations governing use, density, or shape are being considered. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report is based, unless otherwise stated. 14. This study may not be duplicated in whole or in part without the specific written consent of HCA nor may this report or copies hereof be transmitted to third parties without said consent, which consent HCA reserves the right to deny. Exempt from this restriction is duplication for the internal use of the client - addressee and/or transmission to attorneys, accountants, or advisors of the client -addressee. Also exempt from this restriction is transmission of the report to any court, governmental authority, or regulatory agency having jurisdiction over the party/parties for whom this appraisal was prepared, provided that this report and/or its contents shall not be published, in whole or in part, in any public document without the express written consent of HCA which consent HCA reserves the right to deny. Finally, this report shall not be advertised to the public or otherwise used to induce a third party to purchase the property or to make a "sale" or "offer for sale" of any "security", as such terms are defined and used in the Securities Act of 1933, as amended. Any third party, not covered by the exemptions herein, who may possess this report, is advised that they should rely on their own independently secured advice for any decision in connection with this property. HCA shall have no accountability or responsibility to any such third party. 15. Any value estimate provided in the report applies to the entire property, and any pro ration or division of the title into fractional interests will invalidate the value estimate, unless such pro ration or division of interests has been set forth in the report. 16. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Component values for land and/or buildings are not intended to be used in conjunction with any other property or appraisal and are invalid if so used. 17. The maps, plats, sketches, graphs, photographs and exhibits included in this report are for illustration purposes only and are to be utilized only to assist in visualizing matters discussed within this report. Except Page 629 of 1140 as specifically stated, data relative to size or area of the subject and comparable properties has been obtained from sources deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart from this report 18. No opinion is intended to be expressed on matters which may require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. Values and opinions expressed presume that environmental and other governmental restrictions/conditions by applicable agencies have been met, including but not limited to seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, licenses, etc. No survey, engineering study or architectural analysis has been made known to HCA unless otherwise stated within the body of this report. If the Consultant has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranty is made concerning obtaining these items. HCA assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. 19. Acceptance and/or use of this report constitutes full acceptance of the Contingent and Limiting Conditions and special assumptions set forth in this report. It is the responsibility of the Client, or client's designees, to read in full, comprehend and thus become aware of the aforementioned contingencies and limiting conditions. Neither the Appraiser nor HCA. assumes responsibility for any situation arising out of the Client's failure to become familiar with and understand the same. The Client is advised to retain experts in areas that fall outside the scope of the real estate appraisal/consulting profession if so desired. 20. HCA assumes that the subject analyzed herein will be under prudent and competent management and ownership; neither inefficient or super -efficient. 21. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 22. No survey of the boundaries of the property was undertaken. All areas and dimensions furnished are presumed to be correct. It is further assumed that no encroachments to the realty exist. 23. The Americans with Disabilities Act (ADA) became effective January 26, 1992. Notwithstanding any discussion of possible readily achievable barrier removal construction items in this report, HCA. has not made a specific compliance survey and analysis of this property to determine whether it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the ADA. If so, this fact could have a negative effect on the value estimated herein. Since HCA. has no specific information relating to this issue, nor is HCA qualified to make such an assessment, the effect of any possible non-compliance with the requirements of the ADA was not considered in estimating the value of the subject. 24. Client shall not indemnify Appraiser or hold Appraiser harmless unless and only to the extent that the Client misrepresents, distorts, or provides incomplete or inaccurate appraisal results to others, which acts of the Client approximately result in damage to Appraiser. Notwithstanding the foregoing, Appraiser shall Page 630 of 1140 have no obligation under this Section with respect to any loss that is caused solely by the active negligence or willful misconduct of a Client and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by Appraiser. Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the appraisal report to any third party. In the event of any litigation between the parties, the prevailing party to such litigation shall be entitled to recover, from the other, reasonable attorney fees and costs. Page 631 of 1140 Addenda Page 632 of 1140 PARENT PARCELS Address: N West Ave, Fayetteville, Arkansas 72701 Legal Description: Tracts I & 2 (Parcel #'s 765-01743-003 & 765-01743-002) Part of Block 7 of the Original Town I'lat of the City of Fayetteville, Washington County, Arkansas, and portion of West Spring Street vacated by Ordinance No. 1513 and being more particularly described as follows, to -wit: Beginning; at a point South 89 degrees 50 minutes 30 seconds West 146.43 feet from the Southeast corner of said Block 7, thence North 00 degrees 09 minutes 30 seconds West 80.00 feet, thence South 89 degrees 50 minutes 30 seconds West 129.58 feet, thence South 24 degrees 05 minutes 44 seconds West 39.07 feet, thence South 25 degrees 41 minutes 44 seconds West 49.32 feet to the South .Line of Block 7, thence South 89 degrees 50 minutes 30 seconds [Jest 17.72 feet along said South line to the Southwest corner of Block 7, thence South 00 degrees 09 minutes 30 seconds East 50.00 feet, thence North 89 degrees 50 minutes 30 seconds East 184.86 feet, thence North 00 degrees 09 minutes 30 seconds West 50.00 feet to the point of beginning, containing 0.48 acres, more or less. A part of Block 7 of the Original Town Plat of the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at the Southeast corner of said Block 7, thence North 0 degrees 37 minutes 45 seconds West 261.71 feet, thence South 89 degrees 50 minutes 30 seconds West 125.00 feet, thence North 0 degrees 37 minutes 45 seconds West 11.75 feet, thence South 89 degrees 50 minutes 30 seconds West 52.00 feet, thence South 27 degrees 25 minutes 45 seconds West 150.58 feet, thence South 24 degrees 05 minutes 44 seconds West 65.80 feet, thence North 89 degrees 50 minutes 30 seconds East 129.58 feet, thence South 0 degrees 09 minutes 30 seconds East 80.00 feet, thence North 89 degrees 50 minutes 30 seconds East- 146.43 feet to the point of beginning, containing 1.25 acres, more or less. Tract 3 (Parcel # 765-01743-004) Part of the Southeast Quarter of the Northwest Quarter of Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, and also a part of Block Seven (7), a part of Block Eight (8), a part of the right-of-way of Spring Street, a part of the vacated portion of Spring Street as per City Ordinance #1513, recorded in Deed Book 689 at Page 242, and a part of the vacated portion of Gregg Avenue as per City Ordinance #1070, recorded in Deed Book 465 at Page 275, all in the original Town (now City) of Fayetteville, Arkansas, as designated upon the original Plat of said Town on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and all being more particularly described as follows, to -wit: Beginning at a point which is North 86°51'59" West 83.92 Feet and North 02°05'12" East 18.00 Feet from the Northeast corner of said Block Eight (8) and running thence South 68°49'49" West 10.49 Feet; thence North 87°05'59" West 236.89 Feet; thence North 02°03'51" West 8.24 Feet; thence North 87°07'17" West 17.00 Feet; thence South 02°05'39" West 24.88 Feet; thence North 87°07'17" West 17.00 Feet; thence North 35°16'57" East 29.94 Feet; thence North 27°57'23" East 55.25 Feet; thence North 68°45'49" East 49.99 Feet; thence North 85°35'44" East 25.43 Feet; thence South 87°12'08" East 60.65 Feet; thence South 69°32'30" East 13.12 Feet; thence South 28°04'16" East 37.15Feet; thence South 87°10'24" East 77.68 Feet; thence South 02°05'12" West 42.45 Feet to the Point of Beginning, containing 0.39 acres, more or less. Page 633 of 1140 Parent Parcels, continued _. 45 MT an up"ImJ PARENT TRACT COUNTY MAP w "�u - i� Gru Gnll Page 634 of 1140 Parent Parcels, continued i More Info 9 Map It Parcel: 765.01743-002 RPID: 35997 Prev.Parcel:400026-000-00 Type: Ex. Government Owner: CITY OF FAYETTEVILLE Sub: FAYETTEVILLE ORIGINAL S-T-R: 16-16-30 Address: N/A City: Fayetteville Block / Lot: 007 / N/A Mail Address: 113 W MOUNTAIN ST Assessed Value: 0 Acres: N/A FAYETTEVILLE, AR 72701 Legal: PART OF PARKING LOT PT OF BLOCK 7 WEST OF TRACKS 0.68A i More Info 9 Map It Parcel: 765.01743-003 RPID: 35998 Prev.Parcel:765-01743.000 Type: Ex. Government Owner: CITY OF FAYETTEVILLE Sub: FAYETTEVILLE ORIGINAL S-T-R: 16-16-30 Address: N/A City: Fayetteville Block / Lot: 007 / N/A Mail Address: 113 W MOUNTAIN ST Assessed Value: 0 Acres: N/A FAYETTEVILLE, AR 72701 Legal: PARKING LOT N WEST AVE PT BLOCK 7 0.13A & PT VACATED WEST SPRING ST i More Info 9 Map It Parcel: 765-01743-004 RPID: 96573 Prev.Parcel:765-01743-000, 002 & 003 Type: Comm. Vacant Owner: REINDL PROPERTIES INC Sub: FAYETTEVILLE ORIGINAL S-T-R: 16-16-30 Address: N/A City: Fayetteville Block / Lot: 008 / N/A Mail Address: 509 W SPRING ST STE 460 Assessed Value: 13,860 Acres: N/A FAYETTEVILLE, AR 72703 Legal: PT BLK 8 & PT BLK 7 PT SPRING ST RIGHT-OF-WAY 0.39A FURTHER DESCRIBED FROM 2019-6302 AS: Part of the Southeast Quarter of the Northwest Quarter of Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, and also a part of Block Seven (7), a part of Block Eight (8), a part of the right-of-way of Spring Street, a part of the vacated portion of Spring Street as per City Ordinance #1513, recorded in Deed Book 689 at Page 242, and a part of the vacated portion of Gregg Avenue as per City Ordinance #1070, recorded in Deed Book 465 at Page 275, all in the original Town (now City) of Fayetteville, Arkansas, as designated upon the original Plat of said Town on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and all being more particularly described as follows, to -wit: Beginning at a point which is North 86°51'59" West 83.92 Feet and North 02'05'12" East 18.00 Feet from the Northeast corner of said Block Eight (8) and running thence South 68°49'49" West 10.49 Feet; thence North 87'05'59" West 236.89 Feet; thence North 02°03'51" West 8.24 Feet; thence North 87°07'17" West 17.00 Feet; thence South 02oO5'39" West 24.88 Feet; thence North 87°07'17" West 17.00 Feet; thence North 35°16'57" East 29.94 Feet; thence North 27°57'23" East 55.25 Feet; thence North 68°45'49" East 49.99 Feet; thence North 85°35'44" East 25.43 Feet; thence South 87°12'08" East 60.65 Feet; thence South 69°32'30" East 13.12 Feet; thence South 28°04'16" East 37.15Feet; thence South 87°10'24" East 77.68 Feet; thence South 02'05'12" West 42.45 Feet to the Point of Beginning, containing 0.39 acres, more or less. PARENT TRACT COUNTY PARCELS The legal description was taken from county records, and no current ALTA survey was available. We assume the legal description is accurate, but it should not be utilized outside of this report. The conclusions contained in this report are contingent upon the results of a current and accurate ALTA survey. Page 635 of 1140 Qualifications Page 636 of 1140 ZACH J. HOLLAND Certified General Appraiser HCA Principal Commercial Appraiser PO Box 701 Gentry, AR 72734 479-276-2149 Direct/Mobile holland@hollandcommercialappraisals.com AND VALUATION SERVICES EDUCATION University of Arkansas - Walton College of Business Fayetteville, AR BSBA International Economics and Business - Graduated 2001 Advanced Appraisal Education: Al Advanced Market Analysis and Highest & Best Use; Al Quantitative Analysis; Al Adv Income Capitalization; Al Appraisal Mathematics, Finance, & Statistics; Al Analyzing Tenant Credit Risk - Commercial Lease Analysis; Al Adv Spreadsheet Modeling; Al Adv Concepts and Case Studies; Al Income Capitalization; Al Report Writing and Case Studies; Al Practical Regression for MS Excel; Al Specialized Experience Full Credit; Al Case Studies in Complex Valuation; Al Examining Prop Rights and Implications in Valuation; Al General Review Theory; IRWA Course 403 Easement Valuation Study Abroad - Benemerita Universidad Autonoma de Puebla Puebla, Mexico - Summer 2001 RELATED EXPERIENCE CERTIFIED GENERAL APPRAISER (AR CG 2911, OK 13094CGA) OFFICE MANAGER Current HOLLAND COMMERCIAL APPRAISALS Fayetteville, AR February 2006 to December 2017 FERSTL VALUATION SERVICES Little Rock and Fayetteville, AR Trained and performed appraisals throughout central US multi -state region including office buildings, light -industrial facilities, hotels, medical facilities, retail centers, specialty properties, subdivisions, vacant land, residential properties, etc. April 200A to June 2005 CROMWELL ARCHITECTS/ENGINEERS Fayetteville, AR Generated and logged client correspondence, payment applications, Statement of Qualifications letters, hardware submittals, etc. Measured buildings for feasibility studies. ADMINISTRATIVE ASSISTANT June 1999 to June 2000 LINDSEY & ASSOCIATES REALTY Fayetteville, AR OTHER Zach Holland, Appraisal Institute, Candidate for Designation REALTOR, Northwest AR Board of Realtors Provided EXPERT TESTIMONY in federal court. Page 637 of 1140 r �w+a•,r� A R KA N SA S 'ate �• '� APPRAISER LICENSING & CERTIFICATION BOARD s ~'i This is to certify that — - Zachary Holland G i License #: CG 2911 has complied with the requirements of Arkansas Code Section A17.14-201 et seq,I and is the holder of a valid certificate. This card is for identification purposes only. 6/302023 Expiration Date Chairman --------------------- DEW V ! E- z -4 Lot V L Z Z Page 638 of 1140 DALLAS J. BARTHOLOMEW Registered Apprentice HCA Commercial Appraiser PO Box 1501 Fayetteville, AR 72702 479-387-4550 Direct/Mobile dallas@hollandcommercialappraisals.com EDUCATION COMMERCIAL APPRAISALS AND VALUATION SERVICES University of Arkansas — College of Education and Health Professions Fayetteville, AR B.S. Kinesiology - Graduated 2013 Appraisal Education: Basic Appraisal Procedures, Basic Appraisal Principals, Appraisal Institute General Appraiser Income Approach/Part 1, Uniform Standards of Professional Practice 15-hr QE Course, Uniform Standards of Professional Practice 7-hr Update QE Course, Analyzing Operating Expenses CE, Using Your HP12C Financial Calculator CE RELATED EXPERIENCE REGISTERED APPRENTICE (AR RA 4412) Current (May 1, 2017 to Present) HOLLAND COMMERCIAL APPRAISALS Fayetteville, AR Perform appraisals throughout the Northwest and Central Arkansas region including office buildings, light -industrial facilities, retail centers, vacant land, residential properties, etc. Dallas Bartholomew, RA 4412, is a Registered Apprentice with the State of Arkansas. He has appraised and assisted in the appraisal of many property types throughout central and northwest Arkansas, including income -producing residences, condemnations, commercial land, industrial land, residential land, warehouses, mini -storage warehouses, warehouse -offices, professional offices, medical offices, ranches -farms, religious facilities, event centers, bowling alleys, car washes, neighborhood shopping centers, retail -warehouses, and retail stores. Page 639 of 1140 Cd •• c Y UJ 0 Z<my QO y COZ 0 CnL)or-m N 0 . _., a E ZJ� or �2 y !E U �WVNy �WE UFN� V aLUPO' ��>a+ c a" y U Lh R d y�O '3cd° a� 15 ��O- N O V N OO CDr '0 CO x t---------------------------------- a N z Y Q LL O W Q H a 0 m z 0 a V_ r V o ( V z M z W LU N_ a a a a a H v AI LU cr- Lj U_ LU Q LU cc LU V U-i L� LLn o v� U L QJ Cj_ U s v � N a- C N - -0 4 Ln a- 4J N a LJ O v -0 r' L �I C 0 o +- M v U (A L v U t��a O C � co � o� a Cci Ln-0 c 0 v U U J Ln L N aJ C V7 (p Q Q Q. � Q O C 0) a N ? U \ O rl C ru E a) L cc t w 72 qj a qj H Page 640 of 1140 r--------------------------------------------------------------------------------------------------------- 7 ARKANSAS APPRAISER LICENSING & s CERTIFICATION BOARD r This is to certify that Dallas Bartholomew License #: RA 4412 has complied p with the requirements of Arkansas q , Code Section §17-14-201 et seq,; and is the holder of a valid certificate. This card is for identification purposes only. 12/31 /2023 ExExpiration Date Chairman p , ' ________________ Page 641_of 1140 ' erstl VALUATION SERVICES www.ferstivaluationservices.com smDP.o EM"EXOPF To MAY7oa WFDOE orPROPOSED orEEt«Mv i PApPER" YLLl PrxromLat MJf foUOMt (m PIIOPffTY tlf Lmw CPTMXKPCRCW _Nft SA4l OOIf11YCt10M ALXWAWEW AND EASEMENT APPRAISAL REPORT COMMERCIAL LAND N West Avenue Fayetteville, Arkansas 72701 Effective Date: February 10, 2023 Inspection Date: February 10, 2023 Date of Report: March 6, 2023 PREPARED FOR: City of Fayetteville Mr. Waylon Abernathy Director of Bond Projects and Facilities 115 S Church Avenue Fayetteville, Arkansas 72701 FERSTL VALUATION SERVICES 5905 Forest Place, Suite 100 Little Rock, Arkansas 72207 Internal File No: 12664 Page 642 of 1140 Ferstl VALUATION SERVICES March 6, 2023 City of Fayetteville Mr. Waylon Abernathy Director of Bond Projects and Facilities 115 S Church Avenue Fayetteville, Arkansas 72701 RE: Commercial Land N West Avenue Fayetteville, Arkansas 72701 Mr. Abernathy: FERSTL VALUATION SERVICES 5905 Forest Place, Suite 100 Little Rock, AR 72207 +1 (501) 375-1439 Ferstl Valuation Services is proud to present the attached appraisal report that satisfies the agreed upon scope of work with City of Fayetteville. There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, and north of Metro District. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. The property is within Census Tract No. 05-143-011302. The purpose of this appraisal report is to develop an estimate of site value for three different tracts of land. Three properties are valued in this analysis and labeled Tract A, Tract B, and Tract C. This analysis provides a conclusion of market value for Tract A and Tract B. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. A conclusion of market value is developed for Tract C "before" and "after" the greenway easement affects the site. Consequently, three value conclusions are developed. This report conforms to the current Uniform Standards of Professional Appraisal Practice (USPAP), and the appraisal request of the client. City of Fayetteville is the only intended user of this report. No third parties are authorized to rely on this appraisal report without the express written consent of Ferstl Valuation Services. Brad Tharp, MAI, SRA, J.T. Ferstl, J.D., MAI, and Stephen Tharp have not performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. This assignment was prepared as an Appraisal Report in accordance with USPAP Standards Rules 2, with the analysis stated within the document and representing a summarized level of analysis. Page 643 of 1140 This analysis is based upon market indicated data, trends, and values as of the date of this report. The appraisers cannot anticipate unforeseen future market variations and or a change including new competitive properties in the marketing area. The appraisers signing this appraisal report have no knowledge concerning the presence or absence of environmental contamination. If such is present, the value of the property may be adversely affected, and a reanalysis at additional cost to estimate the effects of such. This appraisal assignment is not based on a requested minimum valuation, a specific valuation, or the approval of a loan. The following table conveys the final opinions of value developed in this appraisal report. This value is subject to the hypothetical conditions and extraordinary assumptions stated within the appraisal report. VALUATION SCENARIO INTEREST APPRAISED DATE VALUE Tract A / Tract B Market Value Fee Simple February 10, 2023 $1,265,000 Tract C - Acquisition Value Fee Simple February 10, 2023 $385,000 If there are any specific questions or concerns regarding the attached Appraisal Report, or if Ferstl Valuation Services can be of additional assistance, please contact our office. Sincerely, FERSTL VALUATION SERVICES W w' STATE ' e ry �; _ MR nro - GrYERAL :' CQ3734 ' ft 7HAAQ,.e'. Brad Tharp, MAI, SRA Certified General Appraiser Arkansas License No. 3734 Expiration Date: 6/30/2023 btharp@ferstivs.com w MWAL i 6S1il� J.T. Ferstl, J.D., MAI Certified General Appraiser Arkansas License No. 1750 Expiration Date: 6/30/2023 atferstl @ferstivs.com l 0 CER IF�sf�� STATE so _ CERTIFIED - :RESIDENTIAL:' E CR4331 A Stephen Tharp, SRA Certified Residential Appraiser Arkansas License No. 4331 Expiration Date: 06/30/2023 stharp@ferstivs.com FERSTL VALUATION SERVICES File:12664 Page 644 of 1140 TABLE OF CONTENTS INTRODUCTION EXECUITIVE SUMMARY Aerial Map Subject Photographs 1 2 IDENTIFICATION OF ASSIGNMENT Property Identification 4 Client Identification 5 Intended Use 5 Intended User 5 Purpose of Appraisal 5 Property Rights 5 Definition of Market Value 6 Personal Property 6 Value Scenario 6 Property History 7 Real Estate Taxes 9 Exposure Time 10 SCOPE OF WORK General Description 11 Assistance Provided 11 Subject Property Inspection 11 Sources of Information 12 Prior Services 12 Hypothetical Conditions 13 Extraordinary Assumptions 13 Appraiser Competency 14 MARKET AREA ANALYSIS Regional Retail Trends 15 Local Area Analysis 21 Local Area Map 28 Local Retail Trends 30 PROPERTY ANALYSIS Site Description 32 Subject Photographs 48 Highest & Best Use 50 VALUATION METHODS Site Valuation — Tract A / Tract B Site Valuation — Tract C (Before) Site Valuation — Tract C (After)_ Value Conclusion APPRAISER CERTIFICATION ASSUMPTIONS & LIMITING CONDITIONS REPORT ADDENDA Washington County Assessor Records Property Information Qualifications of Appraiser 55 60 64 68 FERSTL VALUATION SERVICES File:12664 Page 645 of 1140 EXECUTIVE SUMMARY Name Property Address City, State Zip County MSA Market / Submarket Geocode Census Tract Number of Parcels Parcel Numbers Property Land Area Total Zoning Shape Topography Flood Zone Property Type Land Area Total Site Quality Site Access Site Exposure Site Utility Proposed Construction As Vacant Exposure Time Marketing Time Commercial Land Land - Commercial Land N West Avenue Fayetteville, Arkansas 72701 Washington County Fayetteville -Springdale -Rogers, AR -MO MSA Northwest Arkansas / Downtown Fayetteville 3 6.065022, - 94.166167 05-143-011302 3 /b5-UI/4J-UU.3, /bS-UI/4� Tract A Square Feet Acres 21,927 0.50 Main Street Center (MSC) Irregular Level Zone X Unshaded Greenway Easement Square Feet Acres 5,520 0.13 Average Average Average Average No Commercial JUL, /b5-UI/4J-UU4 Tract B Square Feet Acres 1,110 0.03 Main Street Center (MSC) Irregular Level Zone X (Unshaded) 12 Months or Less 12 Months or Less Tract C - Before Square Feet Acres 16,988 0.39 Main Street Center (MSC) Irregular Level Zone X (Unshaded) Tract C - After Square Feet Acres 10,000 0.23 Main Street Center (MSC) Irregular Level Zone X Unshaded There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, and north of Metro District. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. The property is within Census Tract No. 05-143-011302. FERSTL VALUATION SERVICES File:12664 1 Page 646 of 1140 EXECUTIVE SUMMARY (CONTINUED) The purpose of this appraisal report is to develop an estimate of site value for three different tracts of land. Three properties are valued in this analysis and labeled Tract A, Tract B, and Tract C. This analysis provides a conclusion of market value for Tract A and Tract B. Additionally, a conclusion of market value is developed for Tract C "before" and "after" a greenway easement affects the site. Consequently, three value conclusions are developed. This report conforms to the current Uniform Standards of Professional Appraisal Practice (USPAP), and the appraisal request of the client. City of Fayetteville is the only intended user of this report. No third parties are authorized to rely on this appraisal report without the express written consent of Ferstl Valuation Services. VALUATION SCENARIO INTEREST APPRAISED DATE VALUE Tract A / Tract B Market Value Fee Simple February 10, 2023 $1,265,000 Tract C - Acquisition Value Fee Simple February 10, 2023 $385,000 HYPOTHETICAL CONDITIONS The following hypothetical condition is included in this appraisal report: / None. Hypothetical Condition: A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of the analysis.' EXTRAORDINARY ASSUMPTIONS The following extraordinary assumptions are included in this appraisal report: / This analysis assumes the sizes of the tracts used to develop a market value are accurate based on information provided or public records. / A greenway easement will be located within the property described as Tract C. However, a survey was not provided, and the exact location is unknown. This analysis assumes the location of the easement used in this analysis is correct. / This analysis assumes the tracts of land in this analysis have adequate ingress/egress. The use of these extraordinary assumptions may have affected the assignment results. Extraordinary Assumption: An assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions.' t Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. Z Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. FERSTL VALUATION SERVICES File:12664 2 Page 647 of 1140 a �• �',�� fa`lette St W Lafayette St � _ .W Laf� z o E-4g Nt Cu _W Dickson St �� ` — Va S W Dickson St I. 1 r w , SUBJECT ' _ > • a ' , A 7 U �� f �a Q- - Q ° a) LO Cj gel C' Z� -I _ s - J to W 'Meaow-St _ > T VV MeadoAsItt, o� 4% wmeen •r N , � N ~� Q t O, cn o rp ! 2ra r; 1 a• O m _ Ww"N �r�3y�f'f JU SUBJECT PHOTOGRAPHS (CONTINUED) Site View Site View Spring Street View Site View N West Avenue Street View FERSTL VALUATION SERVICES File:12664 3 Page 650 of 1140 IDENTIFICATION OF ASSIGNMENT PROPERTY IDENTIFICATION There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, and north of Metro District. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. These tracts are located within the parcels highlighted below. 40 'Jlldltidll naVd Dill '�"' vitamrl supplements store FERSTL VALUATION SERVICES File: 12664 4 Page 651 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) CLIENT IDENTIFICATION The client of this specific appraisal assignment is City of Fayetteville. The Engagement Letter can be found in the Report Addenda. Client: The party or parties (i.e., individual, group, or entity) who engage an appraiser by employment or contract in a specific assignment, whether directly or through an agent.' INTENDED USE The intended use of this appraisal is to assist the client in making internal business decisions related to this asset. No other use is authorized for this appraisal report. Intended Use: The use(s) of an appraiser's reported appraisal or appraisal review assignment results, as identified by the appraiser based on communication with the client at the time of the assignment.' INTENDED USER City of Fayetteville is the only intended user of this report. No third parties are authorized to rely on this appraisal report without the express written consent of Ferstl Valuation Services. Intended User: The client and any other party as identified, by name or type, as users of the appraisal or appraisal review report by the appraiser on the basis of communication with the client at the time of the assignment.' PURPOSE OF APPRAISAL The purpose of this appraisal report is to develop opinions of the market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C. This report conforms to the current Uniform Standards of Professional Appraisal Practice (USPAP), and the appraisal request of the client. PROPERTY RIGHTS The property rights appraised constitute the fee simple interest. The subject property is vacant land. Fee Simple Interest: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.' Leased Fee Interest: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires.' 3 Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. ' Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. 5 Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. 6 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022 7 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022 FERSTL VALUATION SERVICES File:12664 5 Page 652 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming that the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.' PERSONAL PROPERTY Personal property is not included in this valuation. Personal Property: Any tangible or intangible article that is subject to ownership and not classified as real property, including identifiable tangible objects that are considered by the general public as being "personal," such as furnishings, artwork, antiques, gems and jewelry, collectibles, machinery, and equipment; and intangible property that is created and stored electronically such as plans for installation art, choreography, emails, or designs for digital tokens.' VALUE SCENARIO This appraisal report develops opinions of the market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C. As -Is Value: The estimate of the value of real property in its current physical condition, use, and zoning as of the appraisal date.10 Retrospective Value: A value opinion effective as of a specified historical date. The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., "retrospective market value opinion."" 8 Office of Comptroller of the Currency (OCC), Title 12 of the Code of Federal Regulation, Part 34, Subpart C -Appraisals, 34.42 (g); Office of Thrift Supervision (OTS), 12 CFR 564.2 (g); This is also compatible with the FDIC, FRS and NCUA definitions of market value. 9 Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. 10 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022 11 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022 FERSTL VALUATION SERVICES File: 12664 6 Page 653 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) PROPERTY HISTORY - TRACT A / TRACT B Tract A and Tract B are currently recorded in the name of City of Fayetteville. There are no sales or transfers for the three years prior to the effective date of this report. It appears these tracts were listed for potential sale. However, the details were not disclosed, and no listing data was found to disclose the details. It appears the City of Fayetteville is interested in working with developers with mutual interest for development of the site. No information was provided in relation to the property being under contract. A title search was not performed as part of this analysis. PUBLIC RECORD HISTORY 765-01743-002 F' r: : 765-01743-002 = : 35997 rc Washington County Report Property Owner Name: CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR Mailing Address: 72701 Type: (EG) Ex. Government Over 65 Freeze: No Tax District: (011) FAYETTEVILLE SCH, FAY Size (Acres): Property Information Physical Address: Subdivision: FAYETTEVILLE ORIGINAL Block/Lot: 007 / — S-T-R: 16 - 16 - 30 9/27/1989 1340 810 Warr. Deed 0.00 $0 CITY OF FAYETTEVILLE, ARKANSAS % 10/9/1986 1196 827 Warr. Deed 58.30 $53,000 MCBRIDE DISTRIBUTING CO INC 1/1/1985 1196 824 Warr. Deed 0.00 $0 SUGG, JOHM G SR ETAL TRUSTEE Washington County Report Property Owner Name: CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR Mailing Address: 72701 Type: (EG) Ex. Government Over 65 Freeze: NO Tax District: (011) FAYETTEVILLE SCH, FAY Size (Acres): Property Information Physical Address: Subdivision: FAYETTEVILLE ORIGINAL Block/Lot: 007 / — S-T-R: 16 - 16 - 30 1/19/1990 1351 302 Warr. Deed 0.00 $0 CITY OF FAYETTEVILLE, ARKANSAS 1/1/1985 1351 300 Warr. Deed 66.00 $60,000 SUGG, JOHN G SR; SUGG, ANN W; SUGG Unval. - 35998 Unval. FERSTL VALUATION SERVICES File:12664 7 Page 654 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) PROPERTY HISTORY - TRACT C Tract C is currently recorded in the name of Reindl Properties, Inc. There are no sales or transfers for the three years prior to the effective date of this report. To the best of our knowledge, the subject is not under contract and has not been listed for sale in the year prior to the effective date of this appraisal. A title search was not performed as part of this analysis. Parcel:765-01743-004 Washington County Report Property Owner Property Information Name: REINDL PROPERTIES INC Mailing Address: 509 W SPRING ST STE 460 FAYETTEVILLE, AR 72703 Type: (CV) Comm. Vacant Over 65 Freeze: No Tax District: (011) FAYETTEVILLE SCH, FAY Size (Acres): Physical Address: Subdivision: FAYETTEVILLE ORIGINAL Block/Lot: 008 / — S-T-R: 16 - 16 - 30 3/6/2019 2019 6302 Quit Claim REINDL PROPERTIES INC METRO DISTRICT 12/18/2018 2019 587 Survey CONDOMINIUMS HPR Redem METRO DISTRICT 11/8/2011 2011 32091 Deed CONDOMINIUMS HPR METRO DISTRICT 7/20/2011 2011 11424 CompLaw CONDOMINIUMS HPR 8/5/2005 2005 53850 Survey METRO DISTRICT LLC 5/23/2005 2005 22872 Warr. Deed 25439.70 $7,709,000 METRO DISTRICT LLC 1/14/2005 2005 2536 Warr. Deed 11/1/2004 2004 50264 Survey REINDL PROPERTIES INC D:96573 Land Only Land Only Additional Improved Properties Land Only Inc. Additional Land Prop. Only FERSTL VALUATION SERVICES File:12664 8 Page 655 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) REAL ESTATE TAXES The subject's assessed values and property taxes as indicated by public record are summarized in the following table. ASSESSOR PARCEL # LAND IMPROVEMENTS TOTAL 765-01743-003 - - - 765-01743-002 - - - 765-01743-004 $69,300 $0 $69,300 Source: Washington County Assess men & Taxation TAX RATE 57.95 EXEMPTIONS TAXABLE BASETAX $0 $13,860 $803 Tract A and Tract B include tax exemptions due to being recorded under the City of Fayetteville as city owned property. Total real estate taxes for Tract C are estimated at $803 annually. Real estate taxes are estimated from the Washington County Assessor website. The land value assigned by the Washington County Assessor is below market value. If the client has concerns, a verification letter from the appropriate authority is recommended. The Washington County Assessor has valued Tract C at $69,300, which is $4.08 per square foot. Three vacant land properties in the area were analyzed. The Washington County Assessor has valued these nearby tracts of land from $4.28 to $11.48 per square foot. This data indicates that Tract C is taxed similar to comparable properties in the market. Tract A and Tract B are exempt and have not recorded tax information. TAX COMPARABLES COMP 1 COMP 2 COMP 3 Address Dickson St N Block Ave 224 N Chruch Ave City Fayetteville Fayetteville Fayetteville Taxing Authority Washington County Washington County Washington County APN 765-01653-000 765-01667-000 765-01670-000 Square Feet 17,507 9,452 16,800 Assessor's Value $75,000 $48,750 $192,900 Assessor's $/SF $4.28 $5.16 $11.48 Assessed Total $15,000 $9,750 $38,580 Assessed $PSF $0.86 $1.03 $2.30 Millage Rate 57.95 57.95 57.95 Taxes Total $869 $565 $2,236 Taxes $PSF $0.05 $0.06 $0.13 FERSTL VALUATION SERVICES File:12664 9 Page 656 of 1140 IDENTIFICATION OF ASSIGNMENT (CONTINUED) EXPOSURE & MARKETING TIME Marketing time and exposure time are both influenced by price. That is, a prudent buyer could be enticed to acquire the property in less time if the price were less. Hence, the time span cited below coincides with the value opinion(s) formed herein. USPAP Standard rule 1-2(c)(iv) requires an opinion of exposure time, not marketing time, when the purpose of the appraisal is to estimate market value. In the recent past, the volume of competitive properties offered for sale, sale prices, and vacancy rates have fluctuated little. Sale concessions have not been prevalent. EXPOSURE TIME There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, and north of Metro District. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. Considering these factors, a reasonable estimate of exposure time for the subject property is 12 months or less. Exposure Time: The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisa1.12 12 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, 2022. FERSTL VALUATION SERVICES File:12664 10 Page 657 of 1140 SCOPE OF WORK (CONTINUED) The scope of work for this appraisal assignment is outlined below: / The appraisal analyzes the regional and local retail area profiles including employment, population, household income, and real estate trends. The local area was inspected to consider external influences on the subject. / The appraisal analyzes legal and physical features of the subject including site size, flood zone, site zoning, easements, encumbrances, site access, and site exposure. / The appraisal includes a market analysis for improved retail properties using vacancy, absorption, supply, and rent data. Conclusions were drawn for the subject's competitive position given its physical and locational features, current market conditions and external influences. / The appraisal includes a Highest and Best Use analysis and conclusions have been completed for the highest and best use for these tracts As Vacant. The analysis considered legal, locational, physical, and financial feasibility characteristics of the subject site. / In selecting applicable approaches to value, the appraisers considered the agreed upon appraisal scope and assessed the applicability of each traditional approach given the subject's characteristics and the intended use of the appraisal. As a result, this appraisal developed an as -is market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C land value utilizing the Site Valuation. / The assignment was prepared as an Appraisal Report in accordance with USPAP Standards Rules 2, with the analysis stated within the document and representing a summarized level of analysis. / The authors of this report are aware of the Competency Rule of USPAP and meet the standards. ASSISTANCE PROVIDED No one provided real property appraisal assistance to the individuals signing this report. SUBJECT PROPERTY INSPECTION APPRAISER INSPECTED EXTENT DATE ROLE Brad Tharp, MAI, SRA No N/A N/A Appraiser J.T. Ferstl, J.D., MAI No N/A N/A Appraiser Stephen Tharp, SRA Yes Site Only February 10, 2023 Appraiser FERSTL VALUATION SERVICES File:12664 11 Page 658 of 1140 SCOPE OF WORK (CONTINUED) SOURCES OF INFORMATION The following sources were contacted to obtain relevant information: Property Assessment & Tax Zoning & Land Use Planning Site Size Supply & Demand Flood Map Demographics Comparable Information Operating Statements Title Report Phase I Environmental Report Lease Documents Deed Washington County Assessor City of Fayetteville Zoning Client CoSta r FEMA STDB On -Line MLS I Public Records I Confirmed by Local Agents Not Provided Not Provided Not Provided Not Provided Washington County Assessor The conclusions in this report are contingent upon the results of a current and accurate ALTA Survey by an engineer that are not in conflict with the information in this report. This appraisal is also subject to the extraordinary assumptions and hypothetical conditions stated on the following pages. The lack of items made available could affect the results of this analysis. As part of the general assumptions and limiting conditions, the subject is assumed to have no adverse easements or be impacted by adverse environmental conditions. PRIOR SERVICES Brad Tharp, MAI, SRA; J.T. Ferstl, J.D., MAI; and Stephen Tharp, SRA have not performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three- year period immediately preceding acceptance of this assignment. FERSTL VALUATION SERVICES File:12664 12 Page 659 of 1140 SCOPE OF WORK (CONTINUED) HYPOTHETICAL CONDITIONS The following hypothetical condition is included in this appraisal report: / None. Hypothetical Condition: A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of the analysis.13 EXTRAORDINARY ASSUMPTIONS The following extraordinary assumptions are included in this appraisal report: / This analysis assumes the sizes of the tracts used to develop a market value are accurate based on information provided or public records. / A greenway easement will be located within the property described as Tract C. However, a survey was not provided, and the exact location is unknown. This analysis assumes the location of the easement used in this analysis is correct. / This analysis assumes the tracts of land in this analysis have adequate ingress/egress. The use of these extraordinary assumptions may have affected the assignment results. Extraordinary Assumption: An assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions.14 13 Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. 14 Uniform Standards of Professional Appraisal Practice, 2021-2022 ed., Appraisal Standards Board of the Appraisal Foundation. FERSTL VALUATION SERVICES File:12664 13 Page 660 of 1140 SCOPE OF WORK (CONTINUED) APPRAISER COMPETENCY Appraiser qualifications are available in the Report Addenda. The appraisers signing this document are competent to prepare this appraisal report. Brad Tharp, MAI, SRA is a member of the Benton/Bryant Realtors Association. He earned a bachelor's degree in Environmental Science, and master's degree in Geographical Information Systems (GIS) from the University of Central Arkansas. Mr. Tharp is a licensed residential contractor and has built numerous single-family homes in Central Arkansas. He is a 2014 Nominating Committee Member, 2016 Finance Committee Member, and past President for the Arkansas Chapter of the Appraisal Institute. As of the date of this report, Brad Tharp, MAI, SRA has completed the continuing education program for Designated Members of the Appraisal Institute. As of the date of this report, he has also completed the Standards and Ethics Education Requirements for Candidates of the Appraisal Institute. J.T. Ferstl, J.D., MAI has been preparing commercial appraisals since 2000. He is a licensed Real Estate Broker, Licensed Attorney, and Certified General Appraiser in the State of Arkansas. In 2008, he was appointed by the Little Rock Board of Directors, to a position on the Little Rock Planning Commission. He is also a past two - term president of the Arkansas Chapter of the Appraisal Institute. In 2017, he was elected to serve on the National Board of Directors of the Appraisal Institute beginning in 2018. He currently serves on the Little Rock Parks and Recreation Commission. As of the date of this report, J.T. Ferstl, J.D., MAI has completed the continuing education program for Designated Members of the Appraisal Institute. Stephen Tharp, SRA has earned an associate degree from Pratt Community College, a bachelor's degree in interdisciplinary studies from Arkansas State University, and a master's degree from the University of Arkansas at Fayetteville. He is a Designated Member of the Appraisal Institute. He is currently serving on the Appraisal Institute Nominating Committee. As of the date of this report, he has completed the continuing education program for Designated Members of the Appraisal Institute. FERSTL VALUATION SERVICES File: 12664 14 Page 661 of 1140 REGIONAL RETAIL TRENDS Retail rents in the Northwest Arkansas market were rising at a 4.7% annual rate during the first quarter of 2023, and have posted an average annual gain of 4.1% over the past three years. In addition to 960,000 SF that has delivered over the past three years (a cumulative inventory expansion of 2.8%), there is 380,000 SF currently underway. Vacancies were basically in line with the 10-year average as of 2023Q1, but trended slightly down over the past four quarters. Employment in the metro was recently increasing at an annual rate of 4.1%, or a gain of about 11,000 jobs. While a positive result, this does represent the weakest rate of job creation in the past twelve months, which at one point was as high as 6.0%. KEY INDICATORS Current Quarter Malls RBA 1,763,870 Power Center 1,412,281 Neighborhood Center 3,817,073 Strip Center 2,300,638 General Retail 25,995,577 Other 261,991 Ma et 35,551,430 Annual Trends 12 Month Vacancy Change (YOY) -0.6% Net Absorption SF 499K Deliveries SF 415K Rent Growth 4.7% Sales Volume $194M Vacancy Rate Market Rent Availability Rate Net Absorption SF deliveries SF Under Construction ` 8.7% $20.79 17.1% 0 0 134,183 3.2% $17.25 5.0% 0 0 0 8.5% $17.56 8.7% (3,342) 0 0 3.8% $16.62 4.1% (614) 0 0 2.3% $16.93 2.7% 11,988 70,716 208,846 0% $18.68 0% 0 0 0 f $17. 70,716 343.029 Historical Forecast-� Trough Average Average 5.0% 3.5% 7.7% 201004 2.9% 477,440 397,620 948,301 2016 Q4 (104,746) 471,439 461,299 856,409 2015 Q2 151,281 1.1% 1.8% 5.8% 2022 Q3 -4.6% $129.9M N/A $377.2M 2022 Q2 $21.1 M RETAIL LEASING NET ABSORPTION, NET DELIVERIES & VACANCY 400 300 200 100 0 -100 Forecast 2020 Q4 2012 Q2 2009 Q4 2009 Q4 6.0% 5.5% 5.0% 4.5% 61 4.0% 3.5% -200 I - 3.0% i i -3001 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 112.5% 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 ■ Net Absorption 0 Net Deliveries ■ Vacancy United States Vacancy FERSTL VALUATION SERVICES File:12664 15 Page 662 of 1140 REGIONAL RETAIL TRENDS (CONTINUED) RETAIL LEASING VACANCY RATE 25% 20% 15% 10% 5% 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 ■ Mall ■ Power Center AVAILABILITY RATE 25% 20% 15% 10% 5% ■ Neighborhood Center ■ General Retail ■ Northwest Arkansas ■ United States Strip Center ■ Other Retail 0% 2017 2018 2019 2020 2021 2022 ■ Mall ■ Power Center ■ Neighborhood Center ■ General Retail ■ Northwest Arkansas ■ United States Strip Center ■ Other Retail FERSTL VALUATION SERVICES File:12664 16 Page 663 of 1140 REGIONAL RETAIL TRENDS (CONTINUED) RETAIL RENT MARKET RENT GROWTH (YOY) 7% G,,,-orocr 6% 5% 4% 3% 2% 1% 0% i i i i -2% 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 ■ Mall ■ Neighborhood Center ■ General Retail ■ Northwest Arkansas ■ United States • Power Center Strip Center M Other Retail MARKET RENT PER SQUARE FEET $26 $24 $22 $20 $18 ,Forecast $16 $14 ' $12 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 ■ Mall ■ Neighborhood Center ■ General Retail ■ Northwest Arkansas ■ United States • Power Center Strip Center E Other Retail FERSTL VALUATION SERVICES File:12664 17 Page 664 of 1140 REGIONAL RETAIL TRENDS (CONTINUED) CONSTRUCTION DELIVERIES & DEMOLITIONS 500 Forecast 400 300 U_ N 200 a 0 100 0 -100 i -200 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 ■ Deliveries ■ Demolished ■ Net Deliveries SUBMARKET CONSTRUCTION Under Construction Inventory Average Building Size No. Submarket Bldgs SF (000) Pre -Leased SF (000) Pre -Leased % Rank All Existing Under Constr Rank 1 West Rogers 5 165 88 53.4% 5 23,834 33,079 2 2 Bentonville 8 72 63 87.5% 4 10,025 8,972 5 3 Downtown Fayetteville 1 62 0 0% 7 7,099 62,000 4 Greater Fayetteville 2 41 10 24.0% 6 12,597 20,261 3 5 Greater Springdale 4 27 27 100% 10,172 6,760 6 6 Outlying Washington Cnty 1 14 14 100% 7,563 13,800 4 7 Outlying Benton County 1 3 3 100% 8,518 2,500 7 8 East Rogers 0 - - - - 9,310 - - 9 Madison County 0 - - - - 5,186 - - 10 McDonald County 0 - - - - 6,564 - - FERSTL VALUATION SERVICES File:12664 18 Page 665 of 1140 REGIONAL RETAIL TRENDS (CONTINUED) RETAIL SALES Northwest Arkansas is a midsized retail market that saw 168 retail deals close in the past year, a solid performer among its peers. That was more of the same for the market, as deal flow kept pace with what was typical over the past five years. Annual sales volume has averaged $217 million over the past five years, and the 12-month high in investment volume hit $377 million over that stretch. In the past 12 months specifically, $202 million worth of retail assets sold. Deals involving general retail steered annual sales volume, accounting for $186 million of the metro's sum in the past 12 months. Market pricing, derived from the estimated price movement of every single retail property in the metro, sat at $171/SF during the first quarter of 2023. That figure is an improvement over this time last year, and the price is a large discount to the overall average for the country. The market cap rate has dropped since last year and currently sits at 6.9%. This is the lowest cap rate that has been seen in Northwest Arkansas during the past five years, and it's close to the country's average. SALES VOLUME & MARKET SALE PRICE PER SF $300 $280 $260 U- $240 U a $220 W M `iu° $200 Y 2 $180 $160 $140 $120 Forecast 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Sales Volume ■ Northwest Arkansas Price/SF United States Price/SF $180 $160 $140 $120 $100 $80 $60 $40 $20 $0 W m C O 3 m s 0 V) FERSTL VALUATION SERVICES File:12664 19 Page 666 of 1140 REGIONAL RETAIL TRENDS (CONTINUED) ECONOMY In January 2020, the region had 272,400 employees and an unemployment rate of 2.9%. By April that year, the economy had lost 26,000 jobs, and the unemployment rate spiked to 8.1%. However, the economy came roaring back in the second half of 2020. The growth continued into 2022, adding 44,500 new jobs over the first three quarters, reaching 287,000. An unemployment rate of 2.2% makes it one of the tightest labor markets in the country. Northwest Arkansas has evolved into a diversified economy that attracts highly skilled workers in various industries. Total non -farm employment has increased 30% over the last decade, while the U.S. grew by about 9%. The lion's share of employment growth has occurred in the professional and business services sector. For example, the state's largest law firm, Friday, Eldredge & Clark, LLP, known in the legal community as the "Friday Firm," has consolidated its offices in Northwest Arkansas. Tyson Foods has also announced a consolidation. The shift will bring 1,000 employees from Illinois and South Dakota. The first phase is expected to begin in 2023, followed by the groundbreaking of a new campus later that year. Walmart remains the regional corporate anchor and has propelled prosperity in the area. The retailer has attracted thousands of suppliers to the state, many of whom have set up Northwest Arkansas operations. These include household names like Procter & Gamble, Campbell Soup, and Hershey, earning Bentonville the nickname "Vendorville." In addition to Walmart, the region is also the headquarters for Tyson Foods and J.B. Hunt. With the University of Arkansas, over 30,000 college students attend universities and colleges in Northwest Arkansas, fueling the metro -area company's talent -rich pipeline of potential employees. Combined with some of the lowest business costs in America, it has helped make the area a popular destination for corporate headquarters and, in turn, one of the premier regions for growth. The education sector plays a significant part in the area's economic success story. The University of Arkansas provides jobs for as many as 4,500 people. Education and health services have realized a combined expansion of nearly 1.5% in the past 12 months and have averaged almost 4.5% annual growth in the past five years. NORTHWEST ARKANSAS EMPLOYMENT BY INDUSTRY IN THOUSANDS Industry CURRENTJOBS Jobs LO CURRENT GROWTH 10 YR HISTORICAL Market US Market US 5 YR FORECAST Market us IYI011U {.IVllIIV JJ I.J G.Ui M G.VV /O G.V/ /O W.1010 -V. 1 1 /O -V.VJ/O Trade, Transportation and Utilities 62 1.1 1.33% 1.40% 2.60% 1.18% 0.39% 0.08% Retail Trade 29 1.0 -0.02% 0.47% 2.47% 0.55% 0.50% 0.08% Financial Activities 9 0.6 3.36% 1.52% 3.66% 1.40% 0.14% 0.09% Government 41 1.0 3.24% 1.23% 2.96% 0.24% 1.54% 0.55% Natural Resources, Mining and Construction 14 0.9 1.47% 3.07% 5.70% 2.45% 0.44% 0.23% Education and Health Services 32 0.7 2.99% 3.59% 2.91% 1.72% 1.10% 0.54% Professional and Business Services 60 1.4 6.69% 2.80% 4.28% 2.10% 1.08% 0.35% Information 2 0.4 6.31 % 5.05% 3.21 % 1.34% -1.67% 0.21 % Leisure and Hospitality 27 0.9 0.97% 5.66% 2.78% 1.37% 1.65% 1.07% Other Services Total Employment 10 0.9 2.35% 2.86% 4.61 % 0.58% 0.45% �i6 Source: Oxford Economics LQ = Location Quotient FERSTL VALUATION SERVICES File:12664 20 Page 667 of 1140 LOCAL AREA ANALYSIS LOCAL AREA DEMOGRAPHICS The following information reflects the demographics for the subject's area. DESCRIPTION 1 MILE 3 MILE 5 MILE DESCRIPTION 1 MILE 3 MILE 5 MILE POPULATION TOTAL HOUSEHOLDS 2010 Census 14,525 49,863 80,290 2010 Census 4,748 21,239 33,415 2020 Census 17,335 60,795 101,398 2020 Census 5,497 25,628 42,351 2022 Estimate 17,946 62,735 105,018 2022 Estimate 5,708 26,463 43,893 2027 Projection 18,594 65,225 109,756 2027 Projection 6,010 27,583 45,969 A 2010-2020 19.35% 21.92% 26.29% A 2010-2020 15.78% 20.66% 26.74% A 2020-2022 3.52% 3.19% 3.57% A 2020-2022 3.84% 3.26% 3.64% A 2022-2027 3.61 % 3.97% 4.51 % A 2022-2027 5.29% 4.23% 4.73% Total Daytime Population 39,547 83,313 127,514 HOUSEHOLDS BY INCOME (2022 ESTIMATE) HOUSING UNITS <$15,000 33.9% 20.1% 14.7% Total (2022 Estimate) 6,854 29,945 48,680 $15,000 - $24,999 13.5% 15.2% 12.0% Owner Occupied 15.2% 24.6% 35.5% $25,000 - $34,999 10.5% 12.0% 10.2% Renter Occupied 68.0% 63.8% 54.6% $35,000 - $49,999 14.7% 14.3% 14.0% Vacant Housing Units 16.7% 11.6% 9.8% $50,000 - $74,999 9.8% 13.4% 14.3% Total (2027 Projection) 7,246 31,402 51,271 $75,000 - $99,999 5.1% 8.2% 10.3% Owner Occupied 15.7% 24.8% 35.7% $100,000 - $149,999 6.2% 9.0% 13.3% Renter Occupied 67.2% 63.1% 54.0% $150,000 - $199,999 2.2% 3.0% 4.6% Vacant Housing Units 17.1% 12.2% 10.3% $200,000+ 4.0% 4.7% 6.5% AVERAGE HOUSEHOLD INCOME AVERAGE HOUSEHOLD SIZE 2022 Estimate $52,128 $64,222 $79,271 2022 Estimate 1.99 2.09 2.22 2027 Projection $59,991 $74,360 $90,814 2027 Projection 2.00 2.10 2.22 A 2022-2027 15.08% 15.79% 14.56% A 2022-2027 0.50% 0.48% 0.00% MEDIAN HOUSEHOLD INCOME MEDIAN HOME VALUE 2022 Estimate $26,992 $37,112 $48,637 2022 Estimate $311,935 $242,507 $246,049 2027 Projection Projectior $31,518 $43,826 $57,521 2027 Projection $377,322 $277,827 $275,502 A 2022-2027 16.77% 18.09% 18.27% A 2022-2027 20.96% 14.56% 11.97% PER CAPITA INCOME AVERAGE HOME VALUE 2022 Estimate $17,978 $27,335 $33,203 2022 Estimate $355,794 $301,514 $303,009 2027 Projection $20,868 $31,701 $38,081 2027 Projection $400,492 $348,963 $347,564 A 2022-2027 16.08% 15.97% 14.69% A 2022-2027 12.56% 15.74% 14.70% Source: Sites To Do Business Online POPULATION Esri estimates the 2022 population within the neighborhood 3-mile radius of the subject property at 62,735 representing a 3.19% change since 2020. The total trade area 5-mile radius around the subject is estimated to have a population of 105,018, which represents a 3.57% change since 2020. Looking forward, the population of the neighborhood 3-mile radius is forecasted to change to 3.97% by the year 2027. The population within the total trade area 5-mile radius is forecasted to change to 109,756 over the next five years. Overall, total area 5-mile radius population is expected to change by 4.51 % over the next five years. FERSTL VALUATION SERVICES File:12664 21 Page 668 of 1140 LOCAL AREA ANALYSIS (CONTINUED) HOUSEHOLDS Esri estimates that the number of households within the neighborhood 3-mile radius of the subject is 26,463, which is a 3.26% change since 2020. Within the total area 5-mile radius, the number of households is estimated to be 43,893 in 2020, a 3.64% change over the same period of time. By the year 2027, Esri estimates that the number of households in the neighborhood 3-mile radius will change by 4.23% to 27,583, households. Additionally, households in the entire trade area are expected to change by 4.73% to 45,969 households over the next five years. The number of households in the neighborhood 3-mile radius of the subject changed 20.66% from 2010 to 2020; and since then, it has changed by 3.26%. INCOME According to Esri, the neighborhood 3-mile radius around the subject property has an estimated median household income of $37,112 and an average household income of $64,222. Esri reports that the total trade area 5-mile radius has a median household income of $48,637, and an average household income of $79,271. With 43,893 households currently in the total trade area 5-mile radius of the subject property, local effective buying income is estimated to be about $3,479,442,003. CONCLUSION Based on the Esri data presented above, the demographics in the subject neighborhood are considered average. Population growth has changed by 3.19% since 2020 and is expected to change 3.97% over the next 5 years within a the 3-mile radius. Average household incomes are average at an estimated $64,222, and the area is populated with 26,463 households within a 3-mile radius around the subject property. This area experienced the largest increase in population and households from the 2000 to 2010 period. The increasing trend has since stabilized. FERSTL VALUATION SERVICES File: 12664 22 Page 669 of 1140 LOCAL AREA ANALYSIS (CONTINUED) SURROUNDING LAND USES The following tables and maps highlight development within one (1) mile of the subject property. OFFICE DEVELOPMENTS CLASS RBA YEAR BUILT PERCENT LEASED PROPERTIES A 141,425 SF 1969 100.0 2 B 733,392 SF 1970 86.6 48 C 607,028 SF 1949 98.7 68 TOTAL 1,481,845 SF 1960 92.9 119 Source: Costar Donald W. Reynolds Razorback Stadium q) Wilson Park 9 versity rkansas Q 0 Ozark Natural Foods Bud Walton Arena Q E Lafayette St / Walton Arts Cent qP Hu Mt. Sequoyah Cross .. 9 Fayetteville. ; Public Library Fayett Ille -' Whataburger !� ® Chick-fil-A JONePart borhood Market M.L.K. Jr Blvd PIN NAME ADDRESS, CITY A 280 N College Ave, Fayetteville B East Square Plaza 1 E Center St, Fayetteville C Old Washington County Jail 90 S College Ave, Fayetteville D 505 W Maple St, Fayetteville E JP Hammerschmidt Fed Building / 35 E Mountain St, Fayetteville F 112 W Center St, Fayetteville G 1125 W Maple St, Fayetteville H The Mill 525 S School Ave, Fayetteville 1 138 N East Ave, Fayetteville 1 70 N College Ave, Fayetteville Source: Costar DISTTOSUBJ RBA BUILT 0.5 mi 144,706 N/A 0.4 mi 83,434 1972 0.5 mi 82,526 1897 0.3 mi 80,000 1951 0.5 mi 64,186 1974 0.3 mi 57,991 1965 0.7 mi 45,000 N/A 0.5 mi 40,000 1950 0.4 mi 37,500 N/A 0.5 mi 35,524 1985 Jr Map data U2023 Google CLASS %LEASED B 100 A 100 C 100 B 0 B 100 A 100 C 100 C 94.67 B 100 C 100 FERSTL VALUATION SERVICES File:12664 23 Page 670 of 1140 LOCAL AREA ANALYSIS RETAIL DEVELOPMENTS SIZE <5,000 FT >5,000 FT-<20,000 FT >20,000 FT TOTAL Source: Costar (CONTINUED) RBA YEAR BUILT PERCENT LEASED PROPERTIES 291,732 SF 1968 93.6 99 656,857 SF 1958 97.5 71 496,682 SF 1981 72.8 14 1,445,271 SF 1969 88.3 185 University of Arkansas © 0 Oza tural Foods p E Lafayette St Donald W. Reynolds Walton Arts Cen Razorback Stadium H o'S Mt. Sequoyah Cross i FayettevilleWttevii'lle M*k, Bud Walton Arena q Public LibraryF Whataburger I mart l ® borhood Market ® Chick-fil-A M.L.K. Jr Blvd E Huntsvi//eRa Map data ©2023 Google PIN NAME ADDRESS, CITY DISTTO SUBJ RBA BUILT CLASS %LEASED A 548 W Dickson St, Fayetteville 0.2 mi 62,000 2023 A 0 B 548 W Dickson St, Fayetteville 0.2 mi 62,000 2023 A 0 C Metro District Shoppes 509 W Spring St, Fayetteville 0.0 mi 57,493 2008 A 100 D Walmart Neighborhood Market 557 S Government Ave, Fayetteville 0.5 mi 43,249 2016 B 100 E South Yard 517 W Martin Luther King Blvd, Fayettevil 0.6 mi 39,006 1950 A 91.04 F 380 N College Ave, Fayetteville 0.5 mi 32,893 2010 B 100 G Center Street Offices 31 E Center St, Fayetteville 0.5 mi 31,233 1935 B 100 H 26 W Center St, Fayetteville 0.4 mi 30,000 1955 B 75.08 1 Bradberry Building 21 W Mountain St, Fayetteville 0.4 mi 24,600 1925 C 100 J 13-23 N Block Ave, Fayetteville 0.3 mi 23,523 1930 C 100 Source: CoStar FERSTL VALUATION SERVICES File: 12664 24 Page 671 of 1140 LOCAL AREA ANALYSIS (CONTINUED) INDUSTRIAL DEVELOPMENTS TYPE RBA YEAR BUILT PERCENT LEASED PROPERTIES Flex 1,916 SF 1990 100 1 Gen -Ind <25,000 FT 54,812 SF 1979 100 7 Gen -Ind >25,000 FT 0 SF - - 0 TOTAL 56,728 SF 1980 100.0 8 Source: Costar LARGEST INDUSTRIAL DEVELOPMENTSRADIUS v � �¢ d a m 3so Hilton Garden o` ;)Inn FayettevilleCD C ( z EM�Sy� 26s OWilson B �a Walmart University © N Neighborhood Market of Arkansas ;Wa oyah Cross % �, 338 Bud Walton Arena Q tteville f J mart hborhood Market 48 Wart Supercenter v���e Rd N�rts Q © r Park 16 Baum ,,,Walker Stadium W 15th St ' Map data ©2023 Google PIN NAME ADDRESS, CITY DISTTO SUBJ RBA BUILT TYPE %LEASED A LifeSource 682 S Government Ave, Fayetteville 0.6 mi 16,000 1992 Industrial 100 B 928 N College Ave, Fayetteville 0.9 mi 8,828 1994 Industrial 100 C 700 W North St, Fayetteville 0.9 mi 7,808 N/A Industrial 100 D 820 S Government Ave, Fayetteville 0.7 mi 6,516 1995 Industrial 100 E 513 W Prairie St, Fayetteville 0.5 mi 6,390 1955 Industrial 100 F 118 W School St, Fayetteville 0.1 mi 5,000 1962 Industrial 100 G 546 W Center St, Fayetteville 0.1 mi 4,270 1935 Industrial 100 H 1020 S School Ave, Fayetteville 0.9 mi 1,916 1990 Flex 100 Source: Costar FERSTL VALUATION SERVICES File:12664 25 Page 672 of 1140 LOCAL AREA ANALYSIS OVERALL DEVELOPMENT v Q ©Hilton Garden Inn Fayetteville 16 ® 112 Wilson Walmart Universit K6J Neighborhood Market of Arkansas • A .equ • rc B dW I A Q u a ton rena ayett le Walmart Supercenter eee Source: Costar ilmart ighborhood Market 48 Walker Park (CONTINUED) 16 EN�rtSv�Ue Rd Map data 02023 Google The land use within the subject's local area neighborhood consists of a considerable amount of commercial property, comprised of a mix of many property types. The following chart illustrates the high concentration of multi -family, office, and retail properties in the immediate market area. Multi -Family COMMERCIAL LAND USE Industrial Office Retail FERSTL VALUATION SERVICES File:12664 26 Page 673 of 1140 LOCAL AREA ANALYSIS (CONTINUED) ECONOMIC INFLUENCES The local area economic status is important to recognize as the measurement of income levels provides an indication of the ability of the area population to buy, rent and maintain property. The economic status of an area also provides an indication of the population's appetite for goods and services. Relevant economic information includes income levels, property ownership vs. rent, property rent levels, rent level trends, property vacancy and new construction. The majority of the housing units within the 1-mile area are renter - occupied. GOVERNMENT INFLUENCE Governmental considerations relate to zoning, building codes, regulations, flood plain restrictions, special assessment, and property taxes. Zoning in the area is mixed, including commercial, residential, and industrial designations. Zoning code is enforced by the municipality and enforcement in all areas of the City of Fayetteville is considered to be average. Building codes are in force and require a certain standard of construction quality and design. This is a typical influence on properties similar to the subject and falls in line with the zoning classification. Property taxes in the area are established by Washington County and are assessed based on valuation. Considering the broad authority of the county administration, the assessments in the neighborhood are similar to other neighborhoods in the area. There are no known special assessments that affect property in the neighborhood. TRANSPORTATION The streets in the neighborhood is Dickson Street, W Spring Street, and N West Avenue. With the existing transportation system, most areas of Fayetteville are accessible from the subject neighborhood and access is considered average for the area. Overall, access within the neighborhood is average. ENVIRONMENTAL INFLUENCES The subject area is considered to be a typical neighborhood. There are no extraordinary topographical features or nuisances of hazards. Public utilities are available in most areas in quantities from public and private sources. The area has both public and private schools in adequate supply and quality. LOCAL AREA SUMMARY The market benefits from a diverse blend of residential, commercial, and community uses and close proximity to many recreational activities. The area did not suffer from the previous recession as seen in other parts of the Country due to the good livability factors associated with the region. The outlook for this market area is average into the foreseeable future. FERSTL VALUATION SERVICES File:12664 27 Page 674 of 1140 LOCAL AREA MAP ,84 ] SPUR 112 Wilson Park SUBJECT Fayetteville Gulley Park ,U 265 E Hint McNair 16 E 15th St Fayette junction Fayetteville Country Club irl: 1Mi FERSTL VALUATION SERVICES File:12664 28 Page 675 of 1140 LOCAL MARKET AREA DOWNTOWN FAYETTEVILLE Downtown Fayetteville is highlighted by the Downtown and Dickson Street areas. Dickson Street is an arterial street leading to University of Arkansas to west and entertainment district to the east. Dickson Street is an entertainment area attracting visitors with unique boutiques, galleries, along with bars and restaurants. It is known as the heartbeat of Fayetteville. Downtown Fayetteville is also known for the amount of quality entertainment centered around the Historic Downtown Fayetteville Square. This area is referred to as Downtown Fayetteville or the Fayetteville Square. This area is the focal point of main activities that include shopping, restaurants, as well as historic buildings and modern offices. The aerial below provides an idea of the proximity for some of the major attractions in the market area which make the subject's location a desirable area. ai t E-D �- f FERSTL VALUATION SERVICES File:12664 29 Page 676 of 1140 LOCAL RETAIL TRENDS In this section, market conditions which influence the subject property are analyzed. An overview of Retail supply and demand conditions for the Northwest Arkansas Market and Downtown Fayetteville Submarket. Key supply and demand statistics for the most recent quarter, last year, and historical averages over the past 10 years are summarized in the table below. QTR YEAR MARKET SUBMARKET MARKET SUBMARKET Q4 2022 35,616,150 1,189,944 3.2% 2.5% Q3 2022 35,541,985 1,189,944 3.4% 1.3% Q2 2022 35,483,197 1,189,944 3.4% 3.2% Q1 2022 35,437,368 1,251,944 3.9% 8.4% 2021 35,281,380 1,254,694 4.1 % 4.5% 2020 35,084,241 1,253,444 5.1% 3.5% 2019 34,660,450 1,245,440 3.6% 2.1% 2018 34,423,509 1,244,190 4.0% 1.6% 2017 33,840,361 1,244,190 3.4% 1.7% 2016 33,069,155 1,244,190 2.9% 1.2% 2015 32,589,329 1,189,300 4.4% 1.2% 2014 31,872,729 1,189,300 5.0% 6.3% 2013 31,441,231 1,189,300 5.4% 6.9% ' ABSORPTION QTR YEAR MARKET SUBMARKET MARKET SUBMARKET Q4 2022 $18.87 $22.61 153,765 (14,060) Q3 2022 $17.49 $17.94 43,223 22,121 Q2 2022 $17.02 $18.99 218,888 5,008 Q1 2022 $16.82 $18.94 213,036 (54, 024) 2021 $16.54 $20.61 558,209 (8,559) 2020 $15.04 $25.41 (109, 209) (10,133) 2019 $13.75 $24.3 5 362,242 (4,803) 2018 $13.88 $16.16 353,290 1,641 2017 $12.25 $15.69 565,460 (7,002) 2016 $12.93 $17.87 952,401 54,631 2015 $12.63 $15.95 871,587 60,378 2014 $12.13 $13.82 549,058 7,008 2013 $11.22 $6.99 522,050 21,900 Source: Costar Property® The Northwest Arkansas Market demonstrates relatively stable conditions. There has been little variance in supply over the last year. Vacancies have remained steady over the last year to the most recent figure at 3.2%. Asking rents remained relatively stable with an increase in the most recent quarter to $18.87. The Downtown Fayetteville Submarket demonstrates mostly stable conditions as well. Vacancy had fluctuations between 1.3% and 8.4% throughout 2022. Asking rents were relatively stable ranging from a low of $17.94 per square foot to a high of $22.61 per square foot with the most recent 2022 figure at $22.61 per square foot. FERSTL VALUATION SERVICES File:12664 30 Page 677 of 1140 LOCAL RETAIL TRENDS (CONTINUED) RETAIL VACANCY The following figures provide visual illustration of the long-term and short-term Retail vacancy for the Northwest Arkansas Market and Downtown Fayetteville Submarket. LONG TERM VACANCY 9% 8% 7% 6% 5% 4% 3% 2% 1% 0% 2013 2014 2015 2016 2017 2018 2019 2020 2021 —Northwest Arkansas —Downtown Fayetteville RETAIL RENTAL RATES SHORT TERM VACANCY 9% 8% 7% 6% 5% 4% _ 3% 2% 1% 0% �2022 2022 Q1 Q2 —Northwest Arkansas 2022 2022 Q3 Q4 —Downtown Fayetteville The following figures provide a visual illustration of rental Retail trends for the Northwest Arkansas Market and Downtown Fayetteville Submarket in the short and long-term: LONG TERM RENT $30 $24 $25 $22 $20 _ $20 $18 $15 $16 $10 $14 $12 $5 $10 $0 2013 2014 2015 2016 2017 2018 2019 2020 2021 —Northwest Arkansas —Downtown Fayetteville SHORT TERM RENT 2022 2022 2022 2022 Q1 Q2 Q3 Q4 —Northwest Arkansas —Downtown Fayetteville MARKET INTERVIEWS As part of this analysis, recent transactions and trends were discussed with knowledgeable local brokers, agents, and owners. Of the participants that were interviewed, several brokers indicated they have seen minimal slowing. FERSTL VALUATION SERVICES File:12664 31 Page 678 of 1140 SITE DESCRIPTION There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, west of Frisco Railway, and north of Walton Arts Center. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. A preliminary title report was not available for review. The property is within Census Tract No. 05-143-011302. Number of Parcels 3 Assessor Parcels 765-01743-003, 765-01743-002, 765-01743-004 Property Land Area Total Land Area Corner Zoning Flood Zone Site Topography Site Shape Site Grade Site Quality Site Access Site Exposure Site Utility Utilities Tract A Tract B Tract C - Before Tract C - After Square Feet Acres Square Feet Acres Square Feet Acres Square Feet Acres 21,927 0.50 1,110 0.03 16,988 0.39 10,000 0.23 No No No No Main Street Center (MSC) Main Street Center (MSC) Main Street Center (MSC) Main Street Center (MSC) Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) Level Level Sloping Sloping Irregular Irregular Irregular Irregular At street grade At street grade At street grade At street grade Average Average Average Average Average Average Average Average Average Average Average Average Average Average Average Average Available Available Available Available Easement Description See forthcoming section for Tract C Greenway Easement Size "before" and "after" analysis in relation to Square Feet Acres Greenway Easement. 5,520 0.13 Site Access Ingress and egress is assumed to be accessible from W Spring Street for all tracts which is an asphalt road with adequate access. Soils A detailed soils analysis was not available for review. Based on the development of the subject, it appears the soils are stable and suitable for the existing improvements. Easements A preliminary title report was not available for review. A bike trial easement, known as Razorback Greenway, is located on Tract A. No adverse easements or encumbrances were noted. This appraisal assumes that there are no adverse easements present. If questions arise, further research is advised. Hazardous Waste We have not conducted an independent investigation to determine the presence or absence of toxins on the subject property. If questions arise, the reader is strongly cautioned to seek qualified professional assistance in this matter. Please see the Assumptions and Limiting Conditions for a full disclaimer. FERSTL VALUATION SERVICES File:12664 32 Page 679 of 1140 SITE DESCRIPTION (CONTINUED) Flood Plain Zone AE: Zone X (Unshaded). This is referenced by Panel Number 05143CO210F, dated April 02, 2008. Zone X (unshaded) is a moderate and minimal risk area. Areas of moderate or minimal hazard are studied based upon the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Local storm water drainage systems are not normally considered in a community's flood insurance study. The failure of a local drainage system can create areas of high flood risk within these zones. Flood insurance is available in participating communities, but is not required by regulation in these zones. Nearly 25% of all flood claims filed are for structures located within these zones. Minimal risk areas outside the 1 % and 0.2% annual chance floodplains. No BFEs or base flood depths are shown within these zones. (Zone X (unshaded) is used on new and revised maps in place of Zone C.) Site Rating Overall, the subject site is considered good as a land site in terms of its location, exposure and access to employment, education and shopping centers, based on its location along a minor arterial. Zoning Main Street Center (MSC): A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. For a complete list of zoning requirements, please refer to the following link: https://Iibrary.municode.com/ar/little rock/codes/code of ordinances?nodeld =COOR CH36ZO ARTVDIRE DIV51NDI S36-32OLlINDI Designation Main Street Center (MSC) District Fayetteville Downtown Zoning Authority City of Fayetteville Current Use Parking Lot Current Use Legally Permitted Yes Parking Spaces Provided 47 Source: City of Fayetteville Planning &Zoning Department Overlay District The subject is located in Downtown Fayetteville in an overlay district. The purpose of this district adds restrictions for properties located in the Fayetteville Downtown Master Plan. The master plan provides policies and ordinances that are used as a guide for site and improvement modifications. For a complete list of zoning requirements, please refer to the following link: https://www.fayetteviIle-ar.gov/729/Downtown-Master-Plan FERSTL VALUATION SERVICES File: 12664 33 Page 680 of 1140 I_1IOki 1_10 A I_1 Y 1 164 7 m FERSTL VALUATION SERVICES File: 12664 r i 1' 1' 34 Page 681 of 1140 FEMA FLOOD MAP I' � A top, • V1 WA96qp • - • � '' � � mac., •�. ' .A EA OF M D HAZARD CI OF FAYETTEVILLE • 450216rb r FERSTL VALUATION SERVICES File:12664 35 Page 682 of 1140 ZONING MAP w Meadnw St 3 z 1 FERSTL VALUATION SERVICES File: 12664 36 Page 683 of 1140 GREENWAY EASEMENT - CURRENT LOCATION z 6114 430 420 4 . .. Dickson St . 1.71=, _ _ 625 611 f O 619 615 1.77 G17 609 601 avalro 621 1.75 354 253 1f A r r S The C e n t e Dickson 49 5 304 223 1.73 1.71 1.7 Z1-2 0 1.68 111 I 155 t4 povjo L' di Metro 477 District 3 z ¢.� ,'Nadine Baum Studios 146 130 600 oJ' 418 41(, 11 W Meadow st L 60 6 FERSTL VALUATION SERVICES File: 12664 37 Page 684 of 1140 UTILITIES G J J a r nn a �u V - C= 18" W& R. .Y 4- , 223 6„ PVC k. 224. V � Q a •y r N O N N r A 6" PVC k1CP 218.4 l51 N", u a 7)U ti 14 2018" PVC t 12 VCP 8 29.8' �4 Metro District , 505 Nadine Baum Studios 6D IMP I 146 FERSTL VALUATION SERVICES File:12664 38 Page 685 of 1140 HULUIN 'S a► ,F7,CITl' c�F ♦i L ITS' OF i LL(' l�.�l,l_ 111�:ILLL, L 1 1 LVILLL �I cc F (� �.. ` � ' C�" tom•• s y � i • IL •'1 OF +' ( 1T1" N' 1' I I 1 iL - �. c� 4IZ� 71'l IZ I ILSerican :,';..I,�+ •. c r20 lac Shaman Kava Bar • r VitamJn�& • supplemerrts store • �■nw � Pr Breakfast 9 310 � &eakfast • SS'�509 4 50 40 • •' Rolando's F%50'9a� te; 0 •110 c� �` • • 509 440 50� n� 4 • q 509 4D5 +' +Delta 8 Faye tevi.e ' 765-2&1'01.0@ . ttore 5 a - • s 600 .765-28082�10 140 509< 9� oo . ;,765-28091-000©. 0�• 145 Nadine BaumStudios' � 1 � _ � ,5=28100-OO�Q 600 M .� .2 •7 m 6 • :� �, SAS soti 1 76-� 0 5� 2 COMunity • "�'�"Creative`Cen er j PR�if'E WTIF-S 307 4i•7�65�28On) -00 , L L(� ( -, )0 1•.0 �• Ham' ,� �'� fiI UL c ;765j28088-000 13 f)13 R•I'-ILS '• ins ;', r Inc C. AREAS OF ACQUISTION I -------- 4-- ------- p 0 p i z z-0 ; O om �G) Trn i i �A O A� m ; H co oo cm ZAo $ N x : o0 r Cogs 0 9 .,, Z i i i i i i i ti.......... ------------------------------------- G �� v • V FERSTL VALUATION SERVICES File:12664 40 Page 687 of 1140 AREAS OF ACQUISTION 365.32' j 0' 10' 20' 40' Dickson Street SCALE IN FEET ROW t South RNV hne of Dickson St. 1 S02°33'19"W 41.67' POINT OF COMMENCING NW Corner. SW';, NEi4 Noah line of S02`33'19"W Section 16. T16N, R30W SWY., NEIA 1 100.00, Section 16, 3 T16N, R30W aN CV O M O U) `r 1 n POB-Lease Area #1 V 5 S87"O1'29"E 46.04' N86•- < 26-W —� 31i.96'� Q / NO3 36'51'1- a 2a,Ct� R=304.25' d rc' L=24.10' N A CB=S08°05'12"W M N87"Ot'S2"W 44.16'= CH=24.09' =1 Lease Area #1 containing 1,086* —S87°01'52-E—• _ •—_ _ N86°57_26'W_ mI ! s,f, or 0,025t ac, j 3 42.55' — — TRACT B POB-Lease Area #2 Lease Area #2 ^ 'i containing 1,1103 West R/W line s.f. or 0.025t ac. of West Ave. > Parcel:765-01743-002 City of Fayetteville Book 1340, Page 810 E R=304.25' I d L=82AB' CB=S20"01'31 "W 3 CH=8223' Z This sketch is not a boundary survey, 11 is intended to show the configuration of proposed lease areas. It should not be used to locate property lines and does not meet the Standards for Property Boundary Surreys. PROJECT NO: 02G.0275 LEASE AREA DRAWING PARCEL NO. 765-01743-002 CITY OF FAYETTEVILLE I ah9m 302 East Milaep Road Fayetteville, AR rn03 TEL 479.443.3404 EXHIBIT DRAWN BY: DRC A DATE 02-08.2023 FERSTL VALUATION SERVICES File: 12664 41 Page 688 of 1140 AREAS OF ACQUISTION / _Fite 20214X)D"210 _... r.. to.w City of Fayetteville / Book 1387, Page 141 t S87'04'59'E 78 ��S02`55' 49.72' _ _ 22.00' / ~ _-_ N87°04'59 i W11"28.28' S03`02-34-W_ 11.75' / Total Area: / 95,9821 S.F. / 2.203t Ac. 1745-001 �o / Tract C Adjusted 1Mvia 38,218! S F Well lot tine per this plat / Point of Beginning _ Zone MSC Parcel- 785-01713 002 4,58' Tract C a 765-01742-M Cilty of Fayetteville Point of Beginning /. Book 1340. Page 810 Tract A LS60110"611E 7t / 27.29' N79'53'40'E R=980.3T 22.55' 0 . per thus t w,e 3 / per plat L=31.68' / CB=N26'29'16"E - S8T01'S E 87 89' CH"31.66' Lot line to be ,q J removed upon filing /J of this plat �.\ Zc.rno MSC 25• BTZ — Tract A /21,t127! S.F. / _ Parcel. "� / City of Fayetteville �� 0.503t Ac• 1'41 "W Book 1351, Page 302 3� Ex- Nail J i N69°3343"W — L=3131.46'- -- — r 13.10' CB=S30'4615"N !1 Ex- Chiseled'C' - CH=31,45' , Fx. Rebar 4.34'� North Rf / /^ lcw "Bales 1642' Zone, 6RSC 11 / — — _PAf041:38b-01743-004 _ — — - 509 W. Spring St- N nFound Chiseled 'X' - _ _ — Red Properties, Inc. N87°06'37 N014257 — — — — _ r _ —°'"E ' — — — - — Badt2019 _Page 6302 10,34'Sprin- � I n FERSTL VALUATION SERVICES File: 12664 42 Page 689 of 1140 AREAS OF ACQUISITION :COPE TO : •� .`►• OF EDGE—� . .� '�►, NOT -900 IEENWAY �'. '' •� INCLUDED a ♦ N i •• N♦}� PROPERTY SALE 0 TRACT A PROPOSED LOT • '� SPLIT BOUNDARY • i■a.a■a.�■a. _ ■ ■ ■ GREENWAY 1.,64 ..r■ ■ Y . ♦' EASEMENT •♦ EXISTING ♦.♦ �••.•• PROPERTY LINE ♦•♦ • •' • • Al • _ MIT OF WORK FOR CIVIC ••••..• •••'••.•• SPA-E CONSTRUCTION ---__ ;- EENWAY _ ' ■ TRACT B i ■ ■ ■ A survey was not provided, and the exact location of the greenway easement is unknown. An opinion of market value for the effects of the greenway easement is provided in this analysis. The greenway easement is assumed to be located within Parcel Number 765-01743-004. This parcel is currently recorded in the name of Reindl Properties, Inc. A "before" and "after" market value of the site, identified as parcel number 765-01743-004, provides difference in value as a result of effects of the greenway easement. A forthcoming section provides additional information and aerial maps for the properties analyzed in this analysis. FERSTL VALUATION SERVICES File:12664 43 Page 690 of 1140 TRACT A / TRACT B The area highlighted below includes Tract A and Tract B. These tracts are located in the downtown area of the city of Fayetteville, Washington County, Arkansas. Tract A includes approximately 21,927 square feet or 0.50 acres of land. Tract B includes approximately 1,110 square feet, or 0.03 acres of land. The size of these tracts are based on information provided by the client and assumed accurate. These tracts of land are assumed to have ingress/egress from W Spring Street. These tracts are currently used as parking lots for visitors of the Downtown Fayetteville area. The Frisco Trail borders Tract A to the west and runs through the southern part of the tract. Parking lots border the tracts to the north, south, and east. They are located in an area zoned Main Street Center (MSC) and are irregular in shape. These tracts has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. These tracts are part of a two larger or parent tracts. The Washington County Assessor identifies this property as Parcel Number 765-01743-003 and 765-01743-002. These tracts are currently owned by the city of Fayetteville with plans to sale them for redevelopment. Tract B will have deed restrictions. The deed restrictions Tract B will not allow this tract to be improved. FERSTL VALUATION SERVICES File: 12664 44 Page 691 of 1140 TRACT C — BEFORE SITE SIZE The area highlighted below includes Tract C. This tract will be affected by the proposed relocation of the Greenway Easement. Consequently, a "before" and after" opinion of market values are developed in this analysis. This tract is located in the downtown area of the city of Fayetteville, Washington County, Arkansas. Tract C includes approximately 16,988 square feet or 0.39 acres of land. The size is based on information provided by public records and assumed accurate. Ingress/egress is available from W Spring Street. This tract is currently used as parking for visitors of an area known as the Metro District. The Metro District is a mixed - use improvement and includes restaurants, offices, and lofts. Tract C is located in an area zoned Main Street Center (MSC) and is irregular in shape. The site has a topography that slopes away from W Spring Street. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. This tract includes one parcel identified by the Washington County Assessor as Parcel Number 765- 01743-004. These tracts is currently recorded in the of Reindl Properties, Inc. rA w 1A 1Z`'INI !1t Wt R eakfast Ba i Bkfast • SS' 5 4 Rolando6s504.au • • �' 509 Delta 8 Faye tevi.e �. 55-28:r02!000r►t-s s tore 5 28082- 0 09 40' • 145 • 8091-0009 . 509 130 1 H70-gip % • 0d00p 09 .262 509 Jf w rm-1OWL Wr- v� Wkn r`° rail v Bar � �a,I • , U tints store i, ract C - "Before" Site Descripti 3 FERSTL VALUATION SERVICES File:12664 45 Page 692 of 1140 '4r: ,S, r• / !` . 1'- �� it Remainder�rea .�• - �% _ �. *!10 o00E$quarejFeet - RI.INI•)L1—. I'.ItOI'P.R'fll.ti _ rAss m dyGreenway Easement Location - �� +/- 5.520 Square Feet . - + �r +1 •� „I AnIE'nCi3n D a SfiSrnan.Kava, t1.ti supplements store �s°os n B panty Bar `. r , r`'�� 309 \23 Prelude Breakfast Bar /:4 3'ETT! ! Ir�Rd;(..JC Breakfast • $$ • ia3U Amenean o /[' Ro;a09dos O+P�toFay st'1rne •su 1 • laments s.r Y509.-215+509� d60 F� A The area highVReJWor refe on ral rep%rWation for the locaaWn oP L the proposed easement and assumed correct. RAII.WAI' 6 !_ * - t • y c�c�ePnway ` -- • x •;, - �t1 Rem tinder -Area =liter. e a`emIso �C4 .,, 6 9ti8 Square, . 'VKm—erfFanW -Vitamin �) vaipw supplements store Grown Beauty Bar ' { \ s09 210 '-O.ROr. - _ -'relude Breakfast Be 3'ETTF_ I %r/_LE r/,C;JC 'o 30 Breakfast • SS csfiu Amenean �c' Shamannif Faye5—.11142o d50 • 509am1,05 • Ro;ando•s���st �;Fante. _ •,aA, P , :r F '-' The area highlighted is for reference only. This area provides a general representation and assumed AL correct. TRACT C - AFTER SITE SIZE The area highlighted below includes the remainder area of Tract C after the greenway easement is considered. This tract provides the basis for the "after" value developed in this analysis. This tract is located in the downtown area of the city of Fayetteville, Washington County, Arkansas. The "after" size for Tract C includes approximately 10,000 square feet or 0.23 acres of land. The size is based on information provided by public records along with estimates taken from aerial maps. The size is assumed to be accurate. A survey was not provided for the greenway easement. Ingress/egress is assumed to be available from W Spring Street. This tract is currently used as parking a lot an area known as Metro District. The Metro District is a mixed -use improvement and includes restaurants, offices, and loft apartments. Tract C is located in an area zoned Main Street Center (MSC) and is irregular in shape. The site has a topography that slopes away from W Spring Street. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. This tract includes one parcel identified by the Washington County Assessor as Parcel Number 765-01743-004. This tract is currently recorded in the of Reindl Properties, Inc. FERSTL VALUATION SERVICES File: 12664 47 Page 694 of 1140 F ic `ji �'c��.`+'Jj SUBJECT PHOTOGRAPHS (CONTINUED) Site View Site View Spring Street View Site View N West Avenue Street View FERSTL VALUATION SERVICES File:12664 49 Page 696 of 1140 HIGHEST & BEST USE TRACT A / TRACT B The highest and best use of the subject property provides the foundation for the valuation section. Highest and best use is defined in the 6th edition of The Dictionaryof Real Estate Appraisal (Appraisal Institute, Chicago, 201 S), as follows: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Highest and best use analysis uses the following steps for the subject: / Highest & Best Use As Vacant / Determination of the ideal improvements / Highest & Best Use As -Improved / Conclusion of the Highest & Best Use The analysis of highest and best use can be thought of as the logical end of a spectrum of market analysis procedures, running from the macroeconomic overview of a general market study, through more detailed marketability studies and analyses of financial feasibility, to the formal analysis of highest and best use. In theory, the highest and best use is commonly described as that reasonable and most profitable use that will support its highest present value. The highest and best use, or most profitable use, must be legally permissible, physically possible, financially feasible, and maximally productive. This section develops the highest and best use of the subject property As Vacant. AS VACANT ANALYSIS — TRACT A / TRACT B In this section the highest and best use of the subject as vacant is concluded after taking into consideration financial feasibility, maximal productivity, marketability, legal, and physical factors. Legally Permissible Private restrictions, zoning, building codes, historic district controls, and environmental regulations are considered, if applicable to Tract A and Tract B. The legal factors influencing the highest and best use of the subject site are primarily government regulations such as zoning ordinances. Th subject property is zoned Main Street Center (MSC). The City of Fayetteville will place deed restrictions on Tract B restricting the construction of any improvements. No zoning change is anticipated for the subject; therefore, uses outside of those permitted by the MSC zoning is not considered moving forward in the as vacant analysis. Commercial use is considered legally permissible. FERSTL VALUATION SERVICES File:12664 50 Page 697 of 1140 HIGHEST & BEST USE - TRACT A / TRACT B (CONTINUED) Physically Possible The test of what is physically possible for the subject site considers physical and locational characteristics that influence its highest and best use. Tract A includes approximately 21,927 square feet and Tract B includes approximately 1,110 square feet. Size sizes are based on information provided and assumed correct. Tract B is a small tract of land and has not utility. As a result, Tract B, highlighted in purple, is physically limited in use due to the small site size and : _• __ _ �r,!�'�� shape. These tracts are in �` E` A` EC, >< downtown Fayetteville and ' are currently used as parking i lots. They are zoned Main ! PROPOSED LOT Street Center (MSC) in the SP"TB°""DARY Fayetteville Downtown 1,00 district. Due to the physical osn� '' � �•�'7 limitations of Tract B, the oPROPERTY UK highest and best use is for � ��;a Tract A and Tract B to be use """"` .. .............. together. Commercial use for Tract A and Tract B is considered physically possible. Financial Feasibility Based on the analysis of the subject's market and an examination of costs, a speculative build is not prudent, and the site should only be developed for an identified user. Commercial use is considered financially feasible. Maximum Productivity There is only one use that creates value and at the same time conforms to the requirements of the first three tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors have been considered and the highest and best use of the subject site as vacant is concluded to be commercial. MOST PROBABLE BUYER — TRACT A / TRACT B Based on the property location, it is our opinion that the most probable buyer for the subject would be a local developer. Timing is now. Marketing time is estimated at twelve (12) months or less. FERSTL VALUATION SERVICES File:12664 51 Page 698 of 1140 HIGHEST & BEST USE - TRACT C (BEFORE) AS VACANT ANALYSIS — TRACT C (BEFORE) In this section the highest and best use of the subject as vacant is concluded after taking into consideration financial feasibility, maximal productivity, marketability, legal, and physical factors. Legally Permissible Private restrictions, zoning, building codes, historic district controls, and environmental regulations are considered, if applicable to the subject site. The legal factors influencing the highest and best use of the subject site are primarily government regulations such as zoning ordinances. Th subject property is zoned Main Street Center (MSC). No zoning change is anticipated for the subject; therefore, uses outside of those permitted by the MSC zoning is not considered moving forward in the as vacant analysis. Commercial use is considered legally permissible. Physically Possible The test of what is physically possible for the subject site considers physical and locational characteristics that influence its highest and best use. Tract C includes 16,988 square feet. Size sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. There are no physical limitations that would prohibit development of any of the legally permissible uses on the site. Industrial use is considered physically possible. Financial Feasibility Based on the analysis of the subject's market and an examination of costs, a speculative build is not prudent, and the site should only be developed for an identified user. Commercial use is considered financially feasible. Maximum Productivity There is only one use that creates value and at the same time conforms to the requirements of the first three tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors have been considered and the highest and best use of the subject site as vacant is concluded to be commercial. MOST PROBABLE BUYER - TRACT C (BEFORE) Based on the property location, it is our opinion that the most probable buyer for the subject would be a local developer. Timing is now. Marketing time is estimated at twelve (12) months or less. 1 FERSTL VALUATION SERVICES File:12664 52 Page 699 of 1140 HIGHEST & BEST USE - TRACT C (AFTER) AS VACANT ANALYSIS - TRACT C (AFTER) In this section the highest and best use of the subject as vacant is concluded after taking into consideration financial feasibility, maximal productivity, marketability, legal, and physical factors. Legally Permissible Private restrictions, zoning, building codes, historic district controls, and environmental regulations are considered, if applicable to the subject site. The legal factors influencing the highest and best use of the subject site are primarily government regulations such as zoning ordinances. Th subject property is zoned Main Street Center (MSC). No zoning change is anticipated for the subject; therefore, uses outside of those permitted by the MSC zoning is not considered moving forward in the as vacant analysis. Commercial use is considered legally permissible. Physically Possible The test of what is physically possible for the subject site considers physical and locational characteristics that influence its highest and best use. Tract C includes 10,000 square feet in the after analysis and assumed accurate. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. This area is known as the remainder area after a greenway easement is considered. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. There are no physical limitations that would prohibit development of any of the legally permissible uses on the site. Commercial use is considered physically possible. Financial Feasibility Based on the analysis of the subject's market and an examination of costs, a speculative build is not prudent, and the site should only be developed for an identified user. Commercial use is considered financially feasible. Maximum Productivity There is only one use that creates value and at the same time conforms to the requirements of the first three tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors have been considered and the highest and best use of the subject site as vacant is concluded to be commercial. MOST PROBABLE BUYER — TRACT C (AFTER) Based on the property location, it is our opinion that the most probable buyer for the subject would be a local developer. Timing is now. Marketing time is estimated at twelve (12) months or less. FERSTL VALUATION SERVICES File:12664 53 Page 700 of 1140 VALUATION METHODS The valuation process is a systematic procedure an appraiser follows to provide answers to a client's questions about real property value. It is a model that can be adapted to a wide variety of questions that relate to value. It can also be used —perhaps with some modification —to answer questions not directly related to value, as in the case of review and consulting assignments. In assignments to develop an opinion of market value, the ultimate goal of the valuation process is a well -supported value conclusion that reflects all of the pertinent factors that influence the market value of the property being appraised. To achieve this goal, the appraiser studies a property from three different viewpoints, which are referred to as the approaches to value. LAND VALUATION The site value is a specific scope requirement of this assignment. At the request of the Client, an estimate of site value has been developed for three different tracts of land. Three properties are valued in this analysis and labeled Tract A, Tract B, and Tract C. This analysis provides a conclusion of market value for Tract A and Tract B. Additionally, a conclusion of market value is developed for Tract C "before" and "after" a greenway easement affects the site. Consequently, three value conclusions are developed. COST APPROACH The Cost Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique is developed. Based on the preceding information, the Cost Approach will not be presented. SALES COMPARISON APPROACH (IMPROVED) The Sales Comparison Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique be developed. Based on this reasoning, the Improved Sales Comparison Approach is not presented within this appraisal. INCOME APPROACH The Income Approach is not a scope requirement for this assignment. The Income Approach does not result in a reliable indication of market value based on income production. Therefore, the Income Approach is not developed. Based on the agreed upon scope with the client, the subject's specific characteristics and the interest appraised, this appraisal developed opinions of the as is market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C. The valuation will be presented in the following order: / Site Valuation - Tract A / Tract B / Site Valuation - Tract C (Before) / Site Valuation - Tract C (After) / Value Conclusion FERSTL VALUATION SERVICES File:12664 54 Page 701 of 1140 SITE VALUATION - TRACT A / TRACT B This section values the subject site by comparing it with substitute land sales or listings within the local market area or in competitive areas throughout the region. Land value is influenced by a number of factors; most notably development and use potential. These factors, as well as others, are factored in the following analysis. UNIT OF COMPARISON The most relevant unit of comparison for comparable properties is the $/SF of land area. All the comparable sales presented in this section are reported on this basis. ADJUSTMENTS Adjustments to the comparable land sales were considered and made when warranted for expenditures after purchase, property rights transferred, conditions of sale, financing terms, and market conditions. 1. Property Rights: All the sales comparable land sales were fee simple sales reflecting the property rights appraised herein per the agreed upon scope of work. 2. Financing: The sales all reflected typical cash equivalent, lender -financed transactions and no adjustments were required for financing terms. 3. Sale Conditions: None of the comparable land sales required a condition of sale adjustment, as all are considered to be arm's length transactions. 4. Expenditures After Sale: Expenses that the buyer incurs after purchase (demolition, cleanup costs, etc.). An adjustment for expenditures after sale is not warranted. 5. Market Conditions (Time): Based on research and interpretation of value trends, the analysis applies an upward market conditions adjustment of 1.0% annually. QUANTITATIVE ADJUSTMENT PROCESS Quantitative percentage adjustments are also made for location and physical characteristics such as size, location quality, access, exposure, as well as other applicable elements of comparison if needed. Where possible, the adjustments applied are based on paired data or other statistical analysis. It should be stressed that the adjustments are subjective in nature and are meant to illustrate the logic in deriving a value opinion for the subject property by the Land Sales Comparison Approach. COMPARABLE SELECTION A thorough search was made for similar land sales in the area. The parameters of the survey were highest and best use, zoning, proximity to the subject, size, and date of sale. In selecting comparable land sales, emphasis was placed on confirming sales of sites that are similar to the subject property in terms of location and physical characteristics. Overall, the sales used represent the best comparable land sales available for this analysis. FERSTL VALUATION SERVICES File:12664 55 Page 702 of 1140 SITE VALUATION - TRACT A / TRACT B (CONTINUED) COMPARABLE LAND SALE TABLE - TRACT A / TRACT B The following Land Sales Comparison Table, location map, and photographs summarize the sales data. Following these items, the sales are adjusted for applicable elements of comparison and the land value is concluded. SUBJECT COMP 1 COMP 2 COMP 3 Address N West Avenue 299 N Block Avenue 322 W Meadow Street 217 NW A Street City Fayetteville Fayetteville Fayetteville Bentonville State AR AR AR AR Zip 72701 72701 72701 72712 County Washington Washington Washington Benton 765-01743-003, 765-01666-000, Parcel 765-01743-002 765-01667-000 765-01770-000 01-01808-000 Transaction Price $1,400,000 $225,000 $535,000 Transaction Price $/SF $62 $44 $56 Property Rights Fee Simple Fee Simple Fee Simple Financing z Conventional Cash to Seller Cash to Seller Sale Conditions s Arm's Length Arm's Length Arm's Length Expenditures After Sale a $0 $0 $5,000 0.9% Market Conditions 5 6/23/2017 6% 5/19/2017 6% 10/4/2018 4% Sale Status Recorded Recorded Recorded Recording Number 2017-19901 2017-15559 L2018-16349 Marketing Status Open Market Open Market N/A Marketing Period (Months) 3.4 Mos. 0.0 Mos. N/A Total Transactional Adjustments $3 5% $3 7% $3 5% Adjusted $/SF $65 $47 $59 PHYSICAL INFORMATION Square Feet 23,037 22,680 5,074 9,583 Acres 0.53 0.52 0.12 0.22 Location Above Average Good (15%) Average 15% Above Average Access Average Average Average Average Exposure Average Average Average Average Shape Irregular Rectangular Rectangular Irregular Zoning MSC MSC DG DC Flood Zone Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) Total Physical Adjustments ($10) (15%) $7 15% $0 0% Adjusted $/SF $55 $54 $59 FERSTL VALUATION SERVICES File:12664 56 Page 703 of 1140 SITE VALUATION - TRACT A / TRACT B COMPARABLE LAND SALE LOCATION MAP / PHOTOGRAPHS Springs Vista, v ,Pea Ridge Garfic .Gravette ,Hiwasse Eureka jysville Avoca Springs Centerton, nville Berryville. Decatur Rogers Beaver Lake 23 Cave Colcord Gentry Springs. Lowell Siloam ,Springs �J .Springdale 12 ,59 Ozark ,Hindsville National BR .Watts Forest 1 i %,v—r.'a u.. COMPARABLE LABEL COMPARABLE 1 1 COMPARABLE 2 2 COMPARABLE 3 3 Farmington, 62 Prairie Elkins ADDRESS 299 N Block Avenue, Fayetteville, AR, 72701 322 W Meadow Street, Fayetteville, AR, 72701 217 NW A Street, Bentonville, AR, 72712 COMPARABLE ., (CONTINUED) Huntsville Kingston, COMPARABLE 2 c• MILES FROM SUBJECT 0.3 0.2 21.5 COMPARABLE FERSTL VALUATION SERVICES File: 12664 57 Page 704 of 1140 SITE VALUATION - TRACT A / TRACT B (CONTINUED) COMPARABLE LAND SALE DISCUSSION The land sales indicate an overall unadjusted value range from $44/SF to $62/SF, and average of $54/SF. After adjustments, the sales indicate a narrower range for the subject site between $54/SF and $59/SF with an average of $56/SF. The adjustment process is described below and on the following pages. Land Sale 1 ($55/SF Adjusted): This property is located in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 22,680 square feet or 0.52 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Dickson Street with N Block Avenue bordering the site to the east. A portion of the site is improved with a parking lot with the remaining portion being vacant. The property is zoned Main Street Center (MSC) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. There are two parcels included with this property. The Washington County Assessor identifies this property as Parcel Number 765-01667-000 and 765-01666-000. This property was purchased by 151 Dickson Development, LLC on June 23, 2017, for $1,400,000 as recorded under Warranty Deed 2017-19901. This property was listed with Lindsey & Associates with 101 days on the open market. The property was listed for $1,500,000 before its sale resulting in a sale -to -list price ratio of 93%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1041772. The property adjacent to this property was also listed for sale. The adjacent property included three parcels with approximately 39,838 square feet and a 4,342 square -foot building. The building was in poor shape and was renovated after it was purchased. It was listed for sale at $3,000,000. The buyer purchased all properties together for $4,400,000 with $1,400,000 allocated to this land. There are no sales or transfers for this property for the year previous to this sale. Land Sale 2 ($54/SF Adjusted): This property includes vacant land in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 5,074 square feet or 0.12 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Meadows Street with Shipley Alley bordering the site to the east. The property is zoned Downtown General (DG) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 765-01770-000. This property was purchased by Jane H Meade on May 19, 2017, for $225,000 as recorded under Warranty Deed 2017-15559. After it was purchased, the buyer improved the site with a commercial building for office use with approximately 2,504 square feet of gross building area. This property was listed with Coldwell Banker with one day on the open market. The property was listed for $225,000 before its sale resulting in a sale -to -list price ratio of 100%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1047994. There are no sales or transfers for this property for the year previous to this sale. Land Sale 3 ($59/SF Adjusted) — This property includes vacant land with approximately 9,583 square feet or 0.22 acres of land. The site size is based on public records and assumed accurate. This land is located on the western right-of-way of NW Street in the city of Bentonville, Washington County, Arkansas. The property is zoned Downtown Commercial (DC) and is rectangular in shape. The site has a level topography, and the FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 01-01808-000. This property was purchased by 8th & Melissa, LLC in 2018 for a reported $535,000 as recorded under Deed L2018- 54065. This property sold previously on March 21, 2018, for $350,000. The details of these transaction are unknown and verified using public records. FERSTL VALUATION SERVICES File:12664 58 Page 705 of 1140 SITE VALUATION - TRACT A / TRACT B (CONTINUED) LAND VALUE CONCLUSION - TRACT A TRACT B Three closed sales are included in this analysis. Land sales similar in location, size, access, and flood designation are used to develop a value indication. Sale 1 is located on Dickson Street and requires a downward adjustment. Sale 2 is located farther away from the entertainment district along Dickson Street and requires an upward adjustment. The comparables in this analysis provide a reliable indication of value. The comparables indicate a unit value, based on a general bracketing analysis, between $54/SF and $59/SF. A value indication near the bottom of the range is warranted due to the deed restrictions on a portion attached to Tract B. Based on the subject's overall locational and physical features, a unit value conclusion of $55/SF is supported. The following table summarizes the comparable land sales analysis. LAND SALES COMPARISON APPROACH CONCLUSION (SF) TRANSACTION ADJUSTMENT NET GROSS PRICE TRANSACTIONAL' ADJUSTED PROPERTY2 FINAL ADJ ADJ 1 S62 5% S65 (15%) S55 (11%) 21% 2 S44 7% S47 15% S54 23% 21% 3 S55.83 5% S59 0% S59 6% 5% HIGH S62 7% S65 15% 559 23% 21% AVG S54 6% S57 0% 556 6% 16% MED S56 5% S59 0% 555 6% 21% LOW S44 5% S47 (15%) 554 (11 %) 5% SUBJECT SF S/SF VALUE Total Land Area (Tract A / B) 23,037 x S55 = S1,267,035 INDICATED VALUE (ROUNDED TO NEAREST S5,000) S55 S1,265,000 .dative tive IR .VO FERSTL VALUATION SERVICES File:12664 59 Page 706 of 1140 SITE VALUATION - TRACT C (BEFORE) COMPARABLE LAND SALE TABLE — TRACT C (BEFORE) The following Land Sales Comparison Table, location map, and photographs summarize the sales data. Following these items, the sales are adjusted for applicable elements of comparison and the site value is concluded. SUBJECT COMP 1 COMP 2 COMP 3 Address N West Avenue 299 N Block Avenue 322 W Meadow Street 217 NW A Street City Fayetteville Fayetteville Fayetteville Bentonville State AR AR AR AR Zip 72701 72701 72701 72712 County Washington Washington Washington Benton Parcel 765-01666-000, 765-01743-004 765-01667-000 765-01770-000 01-01808-000 SALE INFORMATION Transaction Price $1,400,000 $225,000 $535,000 Transaction Price $/SF $62 $44 $56 Property Rights Fee Simple Fee Simple Fee Simple Financing Z Conventional Cash to Seller Cash to Seller Sale Conditions 3 Arm's Length Arm's Length Arm's Length Expenditures After Sale" $0 $0 $5,000 0.9% Market Conditions 5 6/23/2017 6% 5/19/2017 6% 10/4/2018 4% Sale Status Recorded Recorded Recorded Recording Number 2017-19901 2017-15559 L2018-16349 Marketing Status Open Market Open Market N/A Marketing Period (Months) 3.4 Mos. 0.0 Mos. N/A Total Transactional Adjustments $3 5% $3 7% $3 5% Adjusted $/SF $65 $47 $59 PHYSICAL INFORMATION Square Feet 16,988 22,680 5,074 9,583 Acres 0.39 0.52 0.12 0.22 Location Above Average Good (15%) Average 15% Above Average Access Average Average Average Average Exposure Average Average Average Average Shape Irregular Rectangular Rectangular Irregular Zoning MSC MSC DG DC Flood Zone Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) (Unshaded) Total Physical Adjustments ($10) (15%) $7 15% $0 0% Adjusted $/SF $55 $54 $59 FERSTL VALUATION SERVICES File:12664 60 Page 707 of 1140 SITE VALUATION (TRACT C - BEFORE) COMPARABLE LAND SALE LOCATION MAP / PHOTOGRAPHS prmys Vi5Lr' ,Pea Ridge •6artield .Gravette Hiwass( .Maysville Avoca Centerton, nvii1e .Decatur Rogers Beaver Lake Cave .Colcord Gentry Springs. Lowell Siloam .Springs �i Springdale 1z `59 Ozark Hindsville National BR ,Watts Forest i Farmington, 62 Prairie . Flkins COMPARABLE LABEL ADDRESS COMPARABLE 1 1 299 N Block Avenue, Fayetteville, AR, 72701 COMPARABLE 2 2 322 W Meadow Street, Fayetteville, AR, 72701 COMPARABLE 3 3 217 NW A Street, Bentonville, AR, 72712 k Qp COP- 1P`R-BLE " (CONTINUED) Eureka .Springs Berryville. Huntsville Kingston, COMPARABLE 2 11 MILES FROM SUBJECT 0.3 0.2 21.5 COMPARABLE 3 FERSTL VALUATION SERVICES File: 12664 61 Page 708 of 1140 SITE VALUATION (TRACT C - BEFORE) (CONTINUED) COMPARABLE LAND SALE DISCUSSION The comparable land sales indicate an overall unadjusted value range from $3.61/SF to $9.20/SF, and average of $6.30/SF. After adjustments, the comparables indicate a narrower range for the subject site between $5.34/SF and $6.40/SF with an average of $5.92/SF. The adjustment process is described below. Land Sale 1 ($55/SF Adjusted) — This property is located in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 22,680 square feet or 0.52 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Dickson Street with N Block Avenue bordering the site to the east. A portion of the site is improved with a parking lot with the remaining portion being vacant. The property is zoned Main Street Center (MSC) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. There are two parcels included with this property. The Washington County Assessor identifies this property as Parcel Number 765-01667-000 and 765-01666-000. This property was purchased by 151 Dickson Development, LLC on June 23, 2017, for $1,400,000 as recorded under Warranty Deed 2017-19901. This property was listed with Lindsey & Associates with 101 days on the open market. The property was listed for $1,500,000 before its sale resulting in a sale -to -list price ratio of 93%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1041772. The property adjacent to this property was also listed for sale. The adjacent property included three parcels with approximately 39,838 square feet and a 4,342 square -foot building. The building was in poor shape and was renovated after it was purchased. It was listed for sale at $3,000,000. The buyer purchased all properties together for $4,400,000 with $1,400,000 allocated to this land. There are no sales or transfers for this property for the year previous to this sale. Land Sale 2 ($54/SF Adjusted) — This property includes vacant land in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 5,074 square feet or 0.12 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Meadows Street with Shipley Alley bordering the site to the east. The property is zoned Downtown General (DG) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 765-01770-000. This property was purchased by Jane H Meade on May 19, 2017, for $225,000 as recorded under Warranty Deed 2017-15559. After it was purchased, the buyer improved the site with a commercial building for office use with approximately 2,504 square feet of gross building area. This property was listed with Coldwell Banker with one day on the open market. The property was listed for $225,000 before its sale resulting in a sale -to -list price ratio of 100%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1047994. There are no sales or transfers for this property for the year previous to this sale. Land Sale 3 ($59/SF Adjusted) — This property includes vacant land with approximately 9,583 square feet or 0.22 acres of land. The site size is based on public records and assumed accurate. This land is located on the western right-of-way of NW Street in the city of Bentonville, Washington County, Arkansas. The property is zoned Downtown Commercial (DC) and is rectangular in shape. The site has a level topography, and the FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 01-01808-000. This property was purchased by 8th & Melissa, LLC in 2018 for a reported $535,000 as recorded under Deed L2018- 54065. This property sold previously on March 21, 2018, for $350,000. The details of these transaction are unknown and verified using public records.. FERSTL VALUATION SERVICES File:12664 62 Page 709 of 1140 SITE VALUATION (TRACT C - BEFORE) (CONTINUED) LAND VALUE CONCLUSION - TRACT C (BEFORE) The comparables indicate a unit value, based on a general bracketing analysis, between $54/SF and $59/SF. Sale 1 is located on Dickson Street and requires a downward adjustment. Sale 2 is located farther away from the entertainment district along Dickson Street and requires an upward adjustment. Based on the subject's overall locational and physical features, a unit value conclusion of $55/SF is supported. The following table summarizes the comparable land sales analysis and applies the unit value conclusion to the site area to provide an indication of the as -vacant land value. LAND SALES COMPARISON APPROACH CONCLUSION (SF) TRANSACTION ADJUSTMENT NET GROSS PRICE TRANSACTIONAL' ADJUSTED PROPERTY2 FINAL ADJ ADJ 1 $62 5% $65 (15%) $55 (11%) 21% 2 $44 7% $47 15% $54 23% 21% 3 $55.83 5% $59 0% $59 6% 5% HIGH $62 7% $65 75% $59 23% 21 % AVG $54 6% $57 0% $56 6% 76% MED $56 5% $59 0% $55 6% 21 % LOW $44 5% $47 (759.) $54 (11 %) 0% SUBJECT SF $/SF VALUE Total Land Area (Tract C - Before) 16,988 x $55 = $934,340 INDICATED VALUE (ROUNDED TO NEAREST $5,000) $55 $935,000 'Cumulative 2Additive • r� ■ 151mr- rlpm+ MTam fT 0011lY 0 FERSTL VALUATION SERVICES File:12664 63 Page 710 of 1140 SITE VALUATION - TRACT C (AFTER) COMPARABLE LAND SALE TABLE — TRACT C (AFTER) The following Land Sales Comparison Table, location map, and photographs summarize the sales data. Following these items, the sales are adjusted for applicable elements of comparison and the site value is concluded. SUBJECT COMP 1 COMP 2 COMP 3 Address N West Avenue 299 N Block Avenue 322 W Meadow Street 217 NW A Street City Fayetteville Fayetteville Fayetteville Bentonville State AR AR AR AR Zip 72701 72701 72701 72712 County Washington Washington Washington Benton Parcel 765-01666-000, 765-01743-004 765-01667-000 765-01770-000 01-01808-000 SALE INFORMATION Transaction Price $1,400,000 $225,000 $535,000 Transaction Price $/SF $62 $44 $56 Property Rights Fee Simple Fee Simple Fee Simple Financing Z Conventional Cash to Seller Cash to Seller Sale Conditions 3 Arm's Length Arm's Length Arm's Length Expenditures After Sale" $0 $0 $5,000 0.9% Market Conditions 5 6/23/2017 6% 5/19/2017 6% 10/4/2018 4% Sale Status Recorded Recorded Recorded Recording Number 2017-19901 2017-15559 L2018-16349 Marketing Status Open Market Open Market N/A Marketing Period (Months) 3.4 Mos. 0.0 Mos. N/A Total Transactional Adjustments $3 5% $3 7% $3 5% Adjusted $/SF $65 $47 $59 PHYSICAL INFORMATION Square Feet 10,000 22,680 5,074 9,583 Acres 0.39 0.52 0.12 0.22 Location Above Average Good (15%) Average 15% Above Average Access Average Average Average Average Exposure Average Average Average Average Shape Irregular Rectangular Rectangular Irregular Zoning MSC MSC DG DC Flood Zone Zone X (Unshaded) Zone X (Unshaded) Zone X (Unshaded) (Unshaded) Total Physical Adjustments ($10) (15%) $7 15% $0 0% Adjusted $/SF $55 $54 $59 FERSTL VALUATION SERVICES File:12664 64 Page 711 of 1140 SITE VALUATION - TRACT C (AFTER) COMPARABLE LAND SALE LOCATION MAP / PHOTOGRAPHS firings V15-. Y ,Pea Ridge •6artield .Gravette •Hiwassr .Maysville Avoca Centerton, nvii1e .Decatur Rogers Beaver Lake Cave .Colcord Gentry Springs. Lowell Siloam .Springs �i Springdale 1z `59 Ozark Hindsville National BR ,Watts Forest i Farmington, 62 Prairie . Flkins COMPARABLE LABEL ADDRESS COMPARABLE 1 1 299 N Block Avenue, Fayetteville, AR, 72701 COMPARABLE 2 2 322 W Meadow Street, Fayetteville, AR, 72701 COMPARABLE 3 3 217 NW A Street, Bentonville, AR, 72712 k Qp COP- 1P`R-BLE " (CONTINUED) Eureka .Springs Berryville. Huntsville Kingston, COMPARABLE 2 •4 MILES FROM SUBJECT 0.3 0.2 21.5 COMPARABLE 3 FERSTL VALUATION SERVICES File: 12664 65 Page 712 of 1140 SITE VALUATION - TRACT C (AFTER) (CONTINUED) COMPARABLE LAND SALE DISCUSSION The comparable land sales indicate an overall unadjusted value range from $3.61/SF to $9.20/SF, and average of $6.30/SF. After adjustments, the comparables indicate a narrower range for the subject site between $5.34/SF and $6.40/SF with an average of $5.92/SF. The adjustment process is described below. Land Sale 1 ($55/SF Adjusted) — This property is located in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 22,680 square feet or 0.52 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Dickson Street with N Block Avenue bordering the site to the east. A portion of the site is improved with a parking lot with the remaining portion being vacant. The property is zoned Main Street Center (MSC) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. There are two parcels included with this property. The Washington County Assessor identifies this property as Parcel Number 765-01667-000 and 765-01666-000. This property was purchased by 151 Dickson Development, LLC on June 23, 2017, for $1,400,000 as recorded under Warranty Deed 2017-19901. This property was listed with Lindsey & Associates with 101 days on the open market. The property was listed for $1,500,000 before its sale resulting in a sale -to -list price ratio of 93%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1041772. The property adjacent to this property was also listed for sale. The adjacent property included three parcels with approximately 39,838 square feet and a 4,342 square -foot building. The building was in poor shape and was renovated after it was purchased. It was listed for sale at $3,000,000. The buyer purchased all properties together for $4,400,000 with $1,400,000 allocated to this land. There are no sales or transfers for this property for the year previous to this sale. Land Sale 2 ($54/SF Adjusted) — This property includes vacant land in the downtown area of the city of Fayetteville, Washington County, Arkansas. It includes approximately 5,074 square feet or 0.12 acres of land. The site size is based on public records. This land is located on the southern right-of-way of Meadows Street with Shipley Alley bordering the site to the east. The property is zoned Downtown General (DG) and is rectangular in shape. The site has a topography that is mostly level. The FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 765-01770-000. This property was purchased by Jane H Meade on May 19, 2017, for $225,000 as recorded under Warranty Deed 2017-15559. After it was purchased, the buyer improved the site with a commercial building for office use with approximately 2,504 square feet of gross building area. This property was listed with Coldwell Banker with one day on the open market. The property was listed for $225,000 before its sale resulting in a sale -to -list price ratio of 100%. The details of this sale are listed with the Northwest Arkansas Board of Realtors, MLS database as NABOR#1047994. There are no sales or transfers for this property for the year previous to this sale. Land Sale 3 ($59/SF Adjusted) — This property includes vacant land with approximately 9,583 square feet or 0.22 acres of land. The site size is based on public records and assumed accurate. This land is located on the western right-of-way of NW Street in the city of Bentonville, Washington County, Arkansas. The property is zoned Downtown Commercial (DC) and is rectangular in shape. The site has a level topography, and the FEMA Flood Map Services Center indicates that the property is located within the Flood Zone X (Unshaded) boundary. The Washington County Assessor identifies this property as Parcel Number 01-01808-000. This property was purchased by 8th & Melissa, LLC in 2018 for a reported $535,000 as recorded under Deed L2018- 54065. This property sold previously on March 21, 2018, for $350,000. The details of these transaction are unknown and verified using public records. FERSTL VALUATION SERVICES File:12664 66 Page 713 of 1140 SITE VALUATION - TRACT C (AFTER) (CONTINUED) LAND VALUE CONCLUSION - TRACT C (AFTER) The comparables indicate a unit value, based on a general bracketing analysis, between $54/SF and $59/SF. Sale 1 is located on Dickson Street and requires a downward adjustment. Sale 2 is located farther away from the entertainment district along Dickson Street and requires an upward adjustment. Based on the subject's overall locational and physical features, a unit value conclusion of $55/SF is supported. The following table summarizes the comparable land sales analysis and applies the unit value conclusion to the site area to provide an indication of the as -vacant land value. LAND SALES COMPARISON APPROACH CONCLUSION (SF) TRANSACTION ADJUSTMENT NET GROSS PRICE TRANSACTIONAL' ADJUSTED PROPERTY2 FINAL ADJ ADJ 1 $62 5% $65 (15%) $55 (11%) 21% 2 $44 7% $47 15% $54 23% 21% 3 $55.83 5% $59 0% $59 6% 5% HIGH $62 7% $65 75% $59 23% 21 % AVG $54 6% $57 0% $56 6% 76% MED $56 5% $59 0% $55 6% 21 % LOW $44 5% $47 (759.) $54 (11 %) 0% SUBJECT SF $/SF VALUE Total Land Area (Tract C - After) 10,000 x $55 = $550,000 INDICATED VALUE (ROUNDED TO NEAREST $5,000) $55 $550,000 'Cumulative 2Additive TRACT C (AFTER) 509 110 509 X ,/ FERSTL VALUATION SERVICES File:12664 67 Page 714 of 1140 VALUE CONCLUSION The final step in the appraisal process is reconciling the values into one value conclusion. A discussion of the value conclusion leads to the market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C The site value is a specific scope requirement of this assignment. At the request of the Client, an estimate of site value has been developed for three different tracts of land. Three properties are valued in this analysis and labeled Tract A, Tract B, and Tract C. This analysis provides a conclusion of market value for Tract A and Tract B. Additionally, a conclusion of market value is developed for Tract C "before" and "after" a greenway easement affects the site. Consequently, three value conclusions are developed. The Income Approach is not a scope requirement for this assignment. The Income Approach does not result in a reliable indication of market value based on income production. Therefore, the Income Approach is not developed. There are three tracts of land included in this analysis. These properties are located west of N West Avenue, south of Dickson Street, west of Frisco Railway, and north of Walton Arts Center. These tracts are described as Tract A, Tract B, and Tract C for this analysis. Tract A includes approximately 21,927 square feet; Tract B includes approximately 1,110 square feet; Tract C includes 16,988 square feet. The City of Fayetteville is wanting to relocate a greenway easement within Tract C. Site sizes are based on information provided or public records and assumed correct. These tracts are in downtown Fayetteville and are currently used as parking lots. They are zoned Main Street Center (MSC) in the Fayetteville Downtown district. A preliminary title report was not available for review. The property is within Census Tract No. 05-143-011302. City of Fayetteville is the only intended user of this report. No third parties are authorized to rely on this appraisal report without the express written consent of Ferstl Valuation Services. The intended use of this appraisal is to assist the client in making internal business decisions related to this asset. No other use is authorized for this appraisal report. The purpose of this appraisal report is to develop opinions of the market value (fee simple) for Tract A and Tract B along with a "before" and "after " market value (fee simple) for Tract C. This report conforms to the current Uniform Standards of Professional Appraisal Practice (USPAP), and the appraisal request of the client. The following table provides the opinion of value developed in the analysis. VALUATION SCENARIO Tract A / Tract B Market Value Tract C - Acquisition Value INTEREST APPRAISED DATE VALUE Fee Simple February 10, 2023 $1,265,000 Fee Simple February 10, 2023 $385,000 FERSTL VALUATION SERVICES File:12664 68 Page 715 of 1140 APPRAISER CERTIFICATION We certify that, to the best of our knowledge and belief: / The statements of fact contained in this report are true and correct. / The reported analyses, opinions, and conclusions of the signers are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. / The signers of this report have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. / Brad Tharp, MAI, SRA, J.T. Ferstl, J.D., MAI, and Stephen Tharp, SRA have not performed services, specifically as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. / The signers are not biased with respect to the property that is the subject of this report or to the parties involved with this assignment. / The engagement in this assignment was not contingent upon developing or reporting predetermined results. / The compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. / The reported analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice, as set forth by the Appraisal Standards Board of the Appraisal Foundation. / Stephen Tharp, SRA inspected the property that is the subject of this report. Brad Tharp, MAI, SRA and J.T. Ferstl, J.D., MAI did not inspect the subject property. / No one provided significant real property appraisal assistance to the appraisers signing the certification. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. FERSTL VALUATION SERVICES File:12664 69 Page 716 of 1140 APPRAISER CERTIFICATION (CONTINUED) As of the date of this report, Brad Tharp, MAI, SRA has completed the continuing education program for Designated Members of the Appraisal Institute. As of the date of this report, Stephen Tharp, SRA has completed the continuing education program for Designated Members of the Appraisal Institute. As of the date of this report, J.T. Ferstl, J.D., MAI has completed the continuing education program for Designated Members of the Appraisal Institute. Ewa • STATE Brad Thar p, MAI, SRA = -' cFRr'F1ED Report Date GFYE -A ? ' Certified General Real Estate Appraiser C43734 : March 6, 2023 State of Arkansas License No. 3734 Expiration Date: 6/30/2023 Wo J.T. Ferstl, J.D., MAI Report Date Certified General Real Estate Appraiser ":,� , u March 6, 2023 State of Arkansas License No. 1750 Expiration Date: 6/30/2023 t��CERTIF �Rlis Stephen Tharp SRA srnrE Report Date ' - 2: CERTIFIED Certified Residential Real Estate Appraiser RESIDENTIAL March 6, 2023 CR4331 State of Arkansas License No. 4331 Expiration Date: 6/30/2023 fill FERSTL VALUATION SERVICES File:12664 70 Page 717 of 1140 ASSUMPTIONS & LIMITING CONDITIONS This Appraisal Report, Letter of Transmittal, and Opinion of Value are hereby made expressively subject to the following Assumptions and Limiting Conditions, and Special Limiting Conditions which may be contained elsewhere in the appraisal report are hereby incorporated herein by reference. General Assumptions / That the legal description, as furnished, is correct; and that the title to the property is good and merchantable. All existing liens and encumbrances, if any, have been disregarded and the property is appraised as though free and clear, under responsible ownership and reasonably competent management. / That the land dimensions, as taken from available maps, plats and/or surveys are correct. This appraisal is subject to whatever may be revealed by a current, competent survey. It has been assumed that those visible and apparent monuments are correct, and that there are no encroachments. / That the present zoning of the property was verified with local planning officials, but the appraiser cannot be responsible for any error reported by the city officials and/or city staff. Since the Zoning Ordinance is lengthy, the appraiser cannot be responsible for a complete description of the zoning regulations. Zoning Ordinance rules should be obtained by all interested parties for review of restrictions and limitations of use. / That no adverse soil conditions exist, nor any latent defects in structural components of the improvements; and therefore, no representations regarding such are made herein in this report unless specifically stated; and that the value estimated is subject to any conditions becoming manifest. The condition of heating, cooling, ventilating, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements (unless otherwise stated). Equipment inspections are the sole responsibility of the client. / That certain opinions, estimates, data, and statistics, furnished by others in the course of this investigation are correct; all such having been obtained from sources thought to be reliable, but we assume no responsibility for their accuracy. Limiting Conditions / The appraiser(s) is not responsible for any matters legal in character, nor is any opinion rendered as to title, which is assumed to be good and merchantable. / This appraisal report is to be used in whole and not in part. / This analysis and estimate of value are made for the exclusive use and benefit of the person, persons, or firm to whom it is addressed; and possession of this report or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose or function other than that herein outlined as such purpose, nor by any other than the client(s) for whom it is prepared, without the prior written consent of the appraiser and/or said client(s), and in any event only the entire appraisal report may be used, and no part shall be taken or used out of context with the whole; however, the appraisal report represents the opinion, only of the appraiser(s) and no statement or figure therein set forth is to be considered otherwise. / No feasibility or land study has been made by, nor has such been furnished to appraiser. / Maps, plats, sketches, photographs, and the like, are included in this report for the sole purpose of aiding the reader to visualize the property and their accuracy is not warranted. / This appraisal report does not contemplate any court action, nor does it obligate the appraiser(s) whose name(s) is/are affixed thereto, to give any testimony to a Commissioner, Arbitrator, or other individual, body or agency. If court action or appearance later becomes advisable and/or necessary in the interest of the client(s) to whom this report is addressed, the terms for such additional service shall be negotiated as a separate contract. / Disclosure of the contents of this is governed by the By -Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or firm with which he is connected, or any reference to the Appraisal Institute or the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior consent and approval of the author. Further, the appraiser or firm assumes no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. FERSTL VALUATION SERVICES File: 12664 71 Page 718 of 1140 ASSUMPTIONS & LIMITING CONDITIONS (CONTINUED) Special Assumptions & Limiting Conditions Limit of Liability: There is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser assumes no responsibility for any costs incurred to discover or correct any deficiencies present in the property. Copies, Publications, Distribution, Use of Report: Possession of this report or any copy thereof does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report(s) remain the property of the appraiser for the use of the client, the fee being for the analytical services only. The Bylaws and Regulations of the Appraisal Institute require each Member and Candidate to control the use and distribution of each appraisal report signed by each Member or Candidate; except as hereinafter provided, the client may distribute copies of this analysis report in its entirety to such third parties as he may select; however, selected portions of this appraisal report shall not be given to third parties without the prior written consent of the signatories of this analysis report. Neither all nor any part of this analysis report shall be disseminated to the general public by the use of advertising media, public relations, news, sales, or other media for public communication without prior written consent of appraiser. Confidentiality: This analysis is to be used only in its entirety. All conclusions and opinions of the analysis set forth in the report were prepared by the appraiser(s) whose signature(s) appear on the analysis report, unless indicated as "Review Appraiser". No change of any item in the report shall be made by anyone other than the appraiser and/or officer of the firm. The Appraiser and firm shall have no responsibility if any such unauthorized change is made. The appraiser may not divulge the material (evaluation) contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee as specified in writing except as may be required by the Appraisal Institute as they may request in confidence for ethics enforcement, or by a court of law or body with the power of subpoena. Information Used: No responsibility is assumed for accuracy of information furnished by or from others, the client, their designee, realtors, or public records. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit or other source thought reasonable; all are considered appropriate for inclusion to the best of our factual judgment and knowledge. An impractical and uneconomic expenditure of time would be required in attempting to furnish unimpeachable verification in all instances, particularly as to engineering and market -related information. It is suggested that the client consider independent verification within these categories as a prerequisite to any transaction involving sale, lease, or other significant commitment of subject property, and that such verification be performed by the appropriate specialists. Testimony, Consultation, Completion of Contract for Appraisal Services: The contract for appraisal, consultation, or analytical service, is fulfilled and the total fee payable upon completion of the appraisal report. The appraiser(s) or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal, in full or in part, nor engage in post appraisal consultation with client or third parties except under separate and special arrangement and at additional fee. / Exhibits: The sketches and maps in this report are included to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose as of the date of the photos. Site plans are not surveys unless shown as being prepared by a professional surveyor. Legal, Engineering, Financial, and Soil: No responsibility is assumed for matters legal in character or nature, nor matters of survey. No opinion is rendered as to the title, which is presumed to be good and merchantable. The property is analyzed as if free and clear, unless otherwise stated in particular parts of the report. The legal description is assumed to be correct as used in this report as furnished by the client, his designee, or as derived by the appraiser. Please note that no advice is given regarding soils and potential for settlement, drainage, and such (seek assistance from qualified architect and/or engineer) nor matters concerning liens, title status, and legal marketability (seek legal assistance), and such. The buyer and seller should inspect the property before any disbursement of funds. The appraiser has inspected as far as possible, by observation, the land; however, it was not possible to personally observe conditions beneath the soil. The land or the soil of the area being appraised appears firm; however, subsidence in the area is unknown. The appraiser(s) do not warrant against this condition or occurrence of problems arising from soil conditions. The appraisal is based on there being no hidden, unapparent, or apparent conditions of the property site, subsoil, or toxic materials which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or engineering to discover them. If the Appraiser has not been supplied with a current survey, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranties are made concerning obtaining the above -mentioned items. FERSTL VALUATION SERVICES File: 12664 72 Page 719 of 1140 ASSUMPTIONS & LIMITING CONDITIONS (CONTINUED) The appraiser assumes no responsibility for any costs or consequences arising due to the need, or the lack of need for flood hazard insurance. An Agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. / Legality of Use: The appraisal is based on the premise that, there is full compliance with all applicable federal, state and local environmental regulations and laws unless otherwise stated in the report; further that all applicable zoning, building, and use regulations and restrictions of all types have been complied with unless otherwise stated in the report; further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority, local, state, federal and/or private entity or organization have been or can be obtained or renewed for any use considered in the value estimate. Auxiliary & Related Studies: No environmental or impact studies, special market study or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates, or conclusions upon any subsequent such study or analysis, or previous study, or factual information as to market or subject, or analysis subsequently becoming known to him. Value Change, Dynamic Market, Influences: The estimated market value is subject to change with market changes over time; value is highly related to exposure time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. The "Estimate of Market Value" in the report is not based in whole or in part upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. The Appraiser reserves the right to alter the opinion of value on the basis of any information withheld or not discovered in the original normal course of a diligent investigation. / Fee: The fee for this appraisal or study is for the service rendered and not for the time spent on the physical report. / Authentic Copies: The authentic copies of this report are signed in colored ink and have an embossed/stamped type seal. Any copy that does not have the above is unauthorized and may have been altered. / Toxic Materials: Unless otherwise stated in this report, the appraiser(s) signing this report have no knowledge concerning the presence or absence of toxic materials, asbestos, and/or urea -formaldehyde foam insulation; if such is present the value of the property may be adversely affected and a re -analysis at additional cost necessary to estimate the effects of such. / Review: Unless otherwise noted herein, review appraiser has reviewed the report only as to general appropriateness of technique and format and has not necessarily inspected the subject or market comparable properties. / The appraiser(s) and/or associates of this firm reserve the right to alter statements, analysis, conclusion or any value estimate in the analysis if there becomes known to us facts pertinent to the appraisal process which were unknown to us when the report was finished. ► ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PREVIOUS STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS. FERSTL VALUATION SERVICES File: 12664 73 Page 720 of 1140 cn City of Fayetteville = 115 S Church Fayetteville, AR 72701 O VENDOR 24366 Arkansas Appraisers Inc 0 Arkansas Appraisers Inc O dba Ferstl Valuation Services 1 5905 Forest Place,Ste 100 n Little Rock, AR 72207 Co City of Fayetteville PURCHASE ORDER F 113 W Mountain St NO. 2022-00000829 AR 72701 --IFAYETTEVILLE, O DATE 01/13/2023 DELIVER BY SHIP VIA AftCITY FAYETTEVILLE FREIGHT TERMS 1 ARKANSAS ORIGINATOR Terry Williams RESOLUTION # PAYMENT TERMS 30 1.0000 LOT Professional Services - Other - Appraisal Services for Civic Plaza Center 4708.860.7800-5860.02 (Capital Prof Svcs $7,500.00 Engineering/Architectural) 46080.7800 (Arts Corridor (2019 Bonds), Arts Corridor Improvements) V APPROVED BY SPECIAL INSTRUCTIONS PAGE 1 OF 1 $7,500.00001 $7 SUBTOTAL $7,500.00 SALES TAX $0.00 TOTAL DUE $7,500.00 ace REPORT ADDENDA J DataScoutPro Paclel: 765-01743-002 Washington County Report ' ' Prev. Parcel: 400026.000-00 Property Owner Property Information Name: CITY OF FAYETTEVILLE Physical Address Mailing Address. 113 W MOUNTAIN ST Subdivision: FAYETTEVILLE ORIGINAL FAYETTEVILLE, AR 72701 Block ! Lot: 007 / -- Type: (EG) Ex. Government S-T-R: 16-16-30 Over 65 Freeze: No Tax Dist: Size (Acres): Extended Legal: PAR 1 of PARKING; 1.01 PI G?F HI OCK ! VdFS 1 01- 1 RA(:KS it 68A Market and Assessed Values: Taxes: Estimated Full Assessed Taxable Estimated $0 Actual $0 Market Value (20% Mkt Value) Value Taxes: Taxes: Land: Homestead $0 Note Tax arr owru an: anbmates wry. Cmtad Iha cnnnty tax rrtladnr for exact amour ts Building: 0 Credit: Total: Deed Transfers: Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 9/27/1989 1340 810 Warr. Deed 0.00 $0 CITY OF FAYETTEVILLE, ARKANSAS 10/9/1986 1196 827 Warr Deed 58 30 $53,000 MCBRIDE Unval DISTRIBUTING CO INC 1/1/1985 1196 824 Warr. Deed 0.00 $0 SUGG, JOHM G SR ETAL TRUSTEE Not a Legal Document. Subject to terms and conditions. wew.datascout2ro.com FERSTL VALUATION SERVICES File: 12664 Page 722 of 1140 REPORT ADDENDA (CONTINUED) J DataScoutPro Parcel: 76"1743-003 Washington County Report ID: 35998 Prev. Parcel: 765-01743.000 As of: 311/2023 Property Owner Property Information Name: CITY OF FAYETTEVILLE Physical Address: Mailing Address: 113 W MOUNTAIN ST Subdivision: FAYETTEVILLE ORIGINAL FAYETTEVILLE, AR 72701 Block / Lot: 007l-- Type: (EG) Ex. Government S-T-R: 16-16-30 Over 65 Freeze: No Tax Dist: Size (Acres): Extended Legal: PARKING LOT N WEST AVE PT BLOCK 7 0.13A & PT VACATED WEST SPRING ST Market and Assessed Values: Taxes: Estimated Full Assessed Taxable Estimated $0 Actual $0 Market Value (20% Mkt Value) Value Taxes: Taxes: Land: Homestead $0 Note Tax s wrts am eahtnates wry (:intact Building: 0 Credit: Iha C iwity tax rxdWor for axacl amalnes. Total: Deed Transfers: Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 1/19/1990 1351 302 Warr. Deed 0,00 $0 CITY OF FAYETTEVILLE, ARKANSAS 1/111985 1351 300 Warr. Deed 66.00 $60,000 SUGG, JOHN G Unval SR; SUGG, ANN W: SUGG Not a Legal Document. Subject to terms and conditions. www.datascoutr)ro.com Page 1 FERSTL VALUATION SERVICES File: 12664 Page 723 of 1140 REPORT ADDENDA (CONTINUED) 4) DataScoutPro Parcel: 765-01743-004 Washington County Report ID: 96573 Prev. Parcel: As of: 3r112023 Property Owner Property Information Name: REINDL PROPERTIES INC Physical Address: Mailing Address: 509 W SPRING ST STE 460 Subdivision: FAYETTEVILLE ORIGINAL FAYETTEVILLE, AR 72703 Block ! Lot: 008 / — Type: (CV) Comm. Vacant S-T-R: 16-16-30 Over 65 Freeze: NO Tax Dist: Size (Acres): Extended Legal; PT BILK 8 & PT BILK 7 PT SPRING ST RIGHT-OF-WAY 0 39A FURTHER DESCRIBED FROM 2019- 6302 AS: Part of the Southeast Quarter of the Northwest Quarter of Section Sixteen (16). Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, and also a part of Block Seven (7). a part of Block Eight (8). a part of the right-of-way of Spring Street, a part of the vacated portion of Spring Street as per City Ordinance #1513, recorded in Deed Book 689 at Page 242, and a part of the vacated portion of Gregg Avenue as per City Ordinance #1070, recorded in Deed Book 465 at Page 275, all in the original Town (now City) of Fayetteville, Arkansas, as designated upon the original Plat of said Town on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and all being more particularly described as follows, to -wit: Beginning at a point which is North 86-51'59' West 83.92 Feet and North 02'05'12" East 18.00 Feet from the Northeast corner of said Block Eight (8) and running thence South 68"49'49" West 10.49 Feet, thence North 87"05'59" West 236.89 Feet; thence North 02"03'51" West 8.24 Feet; thence North 87" 07'17" West 17.00 Feet; thence South 02"05'39" West 24.88 Feet; thence North 87"07'17" West 17.00 Feet; thence North 35"16'57" East 29 94 Feet; thence North 27"5T23' East 55,25 Feet; thence North 68'4549' East 49.99 Feet; thence North 85"35'44" East 25,43 Feet; thence South 87'12'08' East 60.65 Feet; thence South 69"32'30" East 13.12 Feet; thence South 28*04'16* East 37,15Feet; thence South 87"10'24" East 77.68 Feet; thence South 02*0612' West 42.45 Feet to the Point of Beginning, containing 0.39 acres, more or less. Market and Assessed Values: Taxes: Estimated Full Assessed Taxable Estimated $728 Actual $803 Market Value (20% Mkt Value) Value Taxes: Taxes: Land: $69,300 $13,860 $13,860 Homestead $0 Now: Tax amwrits we estimates mty, cmtact the couity tax ccdeclor for exaamatms Building: 0 0 0 Credit: ct Total: $69,300 $13,860 $13.860 Land: Land Use Sins Units Front Rear Depth Depth Dimension Width Width One Two (soft) 16988 4 SgFt 00 Not a Legal Document. Subject to terms and conditions. www.datascoutpro.com Page 1 FERSTL VALUATION SERVICES File: 12664 Page 724 of 1140 REPORT ADDENDA (CONTINUED) J DataScoutPro Parcel 76 5-01743-i 04 nrov. P---n—_I Deed Transfers: Washington County Report ID: 96573 As of 3/ 1; 2023 Date Book Page Deed Type Stamps Est. Sale Grantee Code Type 3/612019 2019 6302 Quit Claim REINDL Land Only PROPERTIES INC 1211812018 2019 587 Survey METRO DISTRICT Land Only CONDOMINIUMS HPR 1118/2011 2011 32091 Redem METRO DISTRICT Deed CONDOMINIUMS HPR 7/20/2011 2011 11424 CompLaw METRO DISTRICT CONDOMINIUMS HPR 8/512005 2005 53850 Survey METRO DISTRICT LLC 5/23/2005 2005 22872 Warr Deed 25439.70 $7,709,000 METRO DISTRICT Additional Improved LLC Properties 1/14/2005 2005 2536 Warr Deed REINDL Land Only PROPERTIES INC 11e112004 2004 50264 Survey REINDL Inc Land Only PROPERTIES INC Additional Prop. Not a Legal Document. Subject to terms and conditions. www.datascoutpro.com Page 2 FERSTL VALUATION SERVICES File: 12664 Page 725 of 1140 REPORT ADDENDA (CONTINUED) C4A 0 6 T�i I:ap�u,p -"o t/m�A �I oob M m� ;Q - 1. m m •; \ t o f It I 1 1 f � � I 1 1 •ti• �� 1 f9 /0 r Tyl I �p� A O -IT cpm 1 p a �� a .s Ij A -N-! � i in 1 r 1 I � • • • i 1 Lj •v . ...._..._..._. �.......�. _� CAD'. 1 ..ter. -- `�1 T O Ii + FERSTL VALUATION SERVICES File:12664 Page 726 of 1140 REPORT ADDENDA (CONTINUED) Exhibit A Date: February 8, 2023 Grantors: City of Fayetteville Parcel Number: 765-01743-002 Lease Area #1 A part of the Southwest Quarter (SW%) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract of land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/.) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas. thence S87"09'15"E, along the North line of said Quarter Quarter, a distance of 365.32 feet; thence departing said North line S02'33'19'W, a distance of 41.67 feet to the point of intersection of the West Right -of -Way line of West Avenue, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, along said West Right -of -Way line the following three (3) courses: S02°33'19'W, a distance of 100.00 feet; thence S03'05'04"W, a distance of 192.32 feet; thence S03'02'34"W, a distance of 113.11 feet; thence departing said West Right -of -Way line N86'57'26W, a distance of 38.98 feet to the POINT OF BEGINNING; thence along a non - tangent curve to the right having a Radius of 304.25 feet and a Chord that bears S08'05'12"W, an arc distance of 24.10 feet; thence N87"01'52"W, a distance of 44.16 feet; thence NO3'36'51'E, a distance of 24.00 feet; thence S87°01'29"E, a distance of 46.04 feet to the POINT OF BEGINNING, containing 1,086 square feet or 0.025 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. Lease Area #2 A part of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract of land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87'09'15"E, along the North line of said Quarter Quarter, a distance of 365.32 feet; thence departing said North line S02`33'19"W, a distance of 41.67 feet to the point of intersection of the East Right -of -Way line of West Avenue, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, along said West Right -of -Way line the following three (3) courses: S02°33'19W, a distance of 100.00 feet; thence S03°05'04"W, a distance of 192.32 feet; thence S03°02'34"W, a distance of 147.11 feet; thence departing said West Right -of -Way line N86"57'26"W, a distance of 42.55 feet to the POINT OF BEGINNING; thence along a non - tangent curve to the right having a Radius of 304.25 feet and a Chord that bears S20°01'31"W. Prepared by: Olsson, Inc, 302 East Millsap Road Fayetteville, AR 72703 Tel 479.443.3404 Prepared for City of Bentonville, AR Project No.-121-04210 FERSTL VALUATION SERVICES File: 12664 Page 727 of 1140 REPORT ADDENDA (CONTINUED) Exhibit A an arc distance of 82.48 feet; thence NO2`48'32"E, a distance of 78.61 feet: thence S87`01'52"E, a distance of 24.34 feet to the POINT OF BEGINNING, containing 1,110 square feet or 0.025 acres. more or less, and subject to any rights -of -way, easements, and restrictions of record. Prepared by. Olsson, Inc. 302 East Mdlsap Road Fayetteville, AR 72703 Tel 479.443,3404 Prepared for- City of Bentonville. AR Project No.-121-04210 FERSTL VALUATION SERVICES File: 12664 Page 728 of 1140 REPORT ADDENDA (CONTINUED) V ii v IP 0, 0' 10' 20' 40' SCALE IN FEET POINT OF COMMENCING NW Comer, SWK, NE% Section 16, T16N. R30W 1 NO3°36'51"F 24.00' t N �. Lease Area #1 containing 1,0861— s.f. or 0.025t ac. o I Lease Area #2 containing 1,110t s.f, or 0.0253 ac. a K S87109115'E 94 Dicks South R/W line of Dickson St. TII.< North lin SWY., N Section 16, 3 T16N, R30W 0 of POB-Lease Area #1 r- ai , � r- r r- 46.04' —. — _,__ N86�5T26'W 38.98 CD 44. j B C=S8 _.71f B08°05'12'W CH=24.09' _ �N86°5T26`VV 42.55' POB-Lease Area #2 West R1W line of West Ave. 'arceL 765-01743-002 3 City of Fayetteville 0 look 1340, Page 810 S02°33'19'W 41.67' S02033' 19"W 100.00, I E �R=304.25' w L=82.48' o CB=S20°01'31'W Z`J CH=82.23' V $ This sketch is not a boundary survey. It is intended to show the configuration of J t proposed lease areas. It should not be used to locate property lines and does not meet the Standards for Property Boundary Surveys x PROJECT NO. 020-0275 LEASE AREA DRAWING EXHIBIT 302 East Map Road DRAWN BY: DRC PARCEL NO, 765-01743-002 O Fayetteville, AR 72703 DATE 02 08 2023 CITY OF FAYETTEVILLE TEL 479-443 3404 A FERSTL VALUATION SERVICES File: 12664 Page 729 of 1140 REPORT ADDENDA (CONTINUED) r •j� � f l l�j�� i' � r �I � e I', 1I', L`nOMAT''WC ADJU67MENT /OII TK o-n • r.r.��77 1 C4TY C* rAYCTTCVILLC. ARMNGA+ --- MN/I i1F YWIM NLIN, LYL'f1UN 10, T10N, MWW. WIUIIINUILN1 WUNTY - ll III II TAU MUNV.Y[Mf11 CUOM 000. I.N . M u IY IJu 11-1/YL CITY O/ rAVCTTlVILLC, ANIUNAM ,007 z Q� -u m m m r u+ cm < m U) err=Z �fit f� 11111 olsson FERSTL VALUATION SERVICES File: 12664 Page 730 of 1140 REPORT ADDENDA (CONTINUED) d �d � `�M�y _ ( i ����r�!���� ■��i R---____ w SKI • -' 1 rr �-it � tt � I J rig•t �If CITY UL 0,IV6JILVIL" ANAANflAL 1"N[1MWY&M AU.IIMIM\41 I'AMI I-IP AW1/4, W04 APr.rI11N IN, II11N MMW, WArNINC%I[W rf>,MIY 6TAT[ SWIVCvn1YU GOD[' 90P ICN 7l1W-0-161In. 7: 1rn5 IV 6F /AY411GVILLG ANAANAAO I2w) olsson FERSTL VALUATION SERVICES File:12664 Page 731 of 1140 REPORT ADDENDA (CONTINUED) I Its r (� i a I'/rM'[rIT V LM4 Af1JV!I1M[M M11 MC OI S50 ir. ��' /AVC7r[VIILC. ARMN6A6 4 PAW of LWIM W V- tWCTION 1 TION. R]YW, WAS WNOTONCOUNN — - r�^��� C.ItY QI IAVIITl/V1111 YANNANItM MNIIYNY{WV i!•IY-1JY/Y�1IYA AY1 /w..u�nu.M.1NT 1•� IV�1�)MM w. FERSTL VALUATION SERVICES File: 12664 Page 732 of 1140 REPORT ADDENDA (CONTINUED) Brad Tharp, "I, SRA Real Estate Appraiser University of Central Arkansas MGIS. Geographic Information Systems University of Central Arkansas BS, Environmental Science/Planning and Administration 5905 Forest Place, Svite 100 Little Rock, AR 72207 Phone: (5011 375-1439 Email: bthofp,d4crstivs.com • 2013 Recipient of Appraisal Institute Education Trust Candidate for Designation Scholarship APPRAISAL COURSEWORK Appraisal Institute • Business Practice and Ethics • 15-Hour National USPAP Course • Evaluating Commercial Construction • Evaluating Residential Construction • Basic Appraisal Principles • Basic Appraisal Procedures • General Appraiser Income Approach Part 1 • General Appraiser Site Valuation and Cost Approach • Reviewing Residential Appraisals and Using FNMA Form 2000 • Practical Regression Using Microsoft Excel • Residential App; Using Technology to Measure and Support Results • Excel as an Appraisal Professionals Making Your Job Easier Using Excel • Residential Market Analysis and Highest & Best Use • Residential Site Valuation and Cost Approach • Real Estate Finance Statistics and Valuation Modeling • Residential Sales Comparison and Income Approach • Residential Report Writing and Case Studies • Advanced Residential Applications and Case Studies -- Part 1 • Advanced Residential Report Writing - Part 2 • Analyzing the Effects of Environmental Contamination on Real Property a la mode, inc. McKissock Appraiser Mobile Workshop Introduction to the Uniform Appraisal Dataset U.S. Department of Housing and Urban Development The FHA Appraisal FERSTL VALUATION SERVICES File:12664 Page 733 of 1140 REPORT ADDENDA (CONTINUED) PROFESSIONAL MEMBERSHII Designated Member of the Appraisal Institute Arkansas Certified General Appraiser - CG3734 2014 Nominating Committee Member - Arkansas Chapter of the Appraisal Institute 2015 Finance Committee Member -- Arkansas Chapter of the Appraisal Institute PROFESSIONAL EXPERIE Ferstl Valuation Services - Real Estate Appraiser (2012-Present) Hammerhead Construction, LLC - President (2004-2010) �-WUTAW-Srmq United States Marine Corps - Machine Gunner (0331) • Operation Iraqi Freedom • Naval Achievement Medal • Combat Action Ribbon • Presidential Unit Citation FERSTL VALUATION SERVICES File: 12664 Page 734 of 1140 REPORT ADDENDA (CONTINUED) - --- - ... ----- --- •----- H --------- ----•_ ao o €; z�g�►- QaQop g- a ID �; g; eWnLL YI eD y�r�b aU y NQc •NIi� W � O � �� o ry O ........:::..:.....::::-.-. _..__:::::::--. rr�ll r.V � H o� ARI(,� W O11-4 H � W I � 1 W 1--1 b lc ki M M U {V Y z a 0 T U FERSTL VALUATION SERVICES File:12664 Page 735 of 1140 REPORT ADDENDA (CONTINUED) J. T. Ferstl, p)., MAT 5905 Forest Place. Suite 100 Phone. 501-375.1439 tittle Rock, Arkansas 72207 lax: %1.375.8317 w�-w.fcrstivaluationscr%iccs.com E-mail: jtfcrstl(cwfcrsth s.com EDUCATION %Mlliam H. Bowen School of taw, UALR - Juris Doctorate University of Arkansas — B.S. Business Administration (Majors: Economics and Computer Information Systems) Catholic High School for Boys - tittle Rock, Arkansas PROFESSIONAL Ferstl Valuation Services — President/CEO (2013 — present) EXPERIENCE Affiliated Appraisers — Executive Vice President (2007 — 2013) Affiliated Appraisers - Real Estate/Legal Consultant (1999-2007) Arkansas Appraisal Group — Field Appraiser (1998) Ferstl Enterprises Realtors— Property Management (1996-present) PROFESSIONAL Arkansas State Certified General Appraiser — Cert. # CG,1750 MEMBERSHIPS Oklahoma State Certified General Appraiser — Cert # 12895CGA Tennessee State Certified General Appraiser — Cem # CG00004522 Louisiana State Certified Gencral Appraiser — Ccrt. # G3032 Florida State Certified General Appraiser — Cert. # R73962 Arkansas Real Estate Broker — AB00056841 Arkansas RF.AI.TORS Association Arkansas Bar Association - Supreme Court 1D #2003212 Designated Member of the Appraisal Institute - MA1 # 12524 SPECIAL Appraisal institute APPRAISAL Appraisal Principles TRAINING Appraisal Procedures (Partial List) Basic Income Capitalization Business Practices & Ethics Advanced Income Capitalization Highest & Best Use and .N-larket Analysis Advanced Sales Comparison and Cost Approaches Report Writing and Valuation Analysis Advanced Applications Business Practices & Ethics Residential Site Valuation and Cost Approach Condemnation Appraising The Appraiser as an Expert Witness Litigation Appraising Valuing Commercial Green Buildings Fundamentals of Separating Real Property, Personal Propem', and Intangible Assets Uniform Appraisal Standards for Federal land Acquisitions Page 1 of 2 FERSTL VALUATION SERVICES File: 12664 Page 736 of 1140 REPORT ADDENDA (CONTINUED) J. T. Ferstt J.D., MAI BOARDS & Little Rock Planning; Commission - 2W7 to 2013 COMMISSIONS Arkansas Electronic Recording Commission - 2007 to 2013 Arkansas Appraisers Asuxiation, Treasurcr - 2005 to present Appraisal Institute (International BOD) - Region IX Viec-Chair Monsignor Tribou Scholarship Fund - Board Member Federal Reserve Bank of St. Laois - Real Estate Industry Council Littic Rock REALTORS Association - Legislative Affairs Committee AWARDS & HONORS MAI designation from the Appraisal Institute - awarded 2008 Leadership Arkansas - Class III - 2008-2009 Leadership Greater Little Rock - Class XXIV - 2008-2009 Leadership Greater Kittle Rock - Class XXIX - Curriculum Chair Leadership Greater little Rock - Class XXX - Chair Arkansas Business 40 under 40 - 2009 Rotarian of the Year - 2011 - Club eM Ted Anglin Award - Appraisal Institute (L.DAC) - 2011 ORGANIZATIONAL & Sigma Chi fraternity- University of Arkansas at Fayetteville CIVIC MEMBERSHIPS Plu Alpha Delta Legal Fraternity - UALR Law School St. Thomas More Society - Arkansas Chapter Founding Member The Rotary Club of Little Rock - Club 94) (Past President) Catholic High School Alumni Association Little Rock Regional Chamber of Commerce Arkansas State Chambcr of Commerce Leadership Greater Little Rock Alumni Association Leadership Arkansas Alumni Association PARTIAL LIST OF CLIENTS Arkansas Capital Corporation Arvest Bank BancorpSouth Bank of America Bank OZK Centennial Bank One Banc and Trust Relyance Bank Simmons First National Bank Regions Bank First Arkansas Bank and Trust First Commercial Bank J.P. Morgan Chase The Capital Bank Entergy First Security Bank I" National of NW -A IBERIAAb Malvern National Bank Merchants and Planters Bank Magellan Little Rock Housing Authority City of North Little Rock United Central Bank Farmers Bank and'frust US Bank U.S. Department of Interior Southern Bancorp Chambers Bank Armor Bank FERSTL VALUATION SERVICES File:12664 Page 737 of 1140 REPORT ADDENDA (CONTINUED) �p O -c i<G Bg e (7Ofi c1 sw tCUZ CIDJZ r 9mv44 2 c`/!V_Q�ii E` o tNt— 3-VVn QNLL -� U Q 1= w 4c u d U it Y c w f O c :t.Ic cick7� _ c �f�lc 15 J Ci O � a► �] O$ u 3%4 y2L - � o -o•� z H{• w C Lz] C U �:� ` +O Ni w u °!'r- n r Sb Ix w 7 s z Lc v 2 1 << U) 3 v� W <<-j Zo .o >ti g < • � ` �c�tl n - Y S • r�7G7M7frN7f.�1af.?Givs��,-icr.7_5d.n. n�i nrranar.��rac�ncn:arnF. �,r-y._v_.r_�c,.�r.,:::._.._.�_..�.�___ _ - FERSTL VALUATION SERVICES File: 12664 Page 738 of 1140 REPORT ADDENDA (CONTINUED) Ron DeSantis, Governs Melanie S. Griffin, Secretary ` STATE OF FLORIDA dbpr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION E7 1 f. PL DY FLORIDA REAL ESTATE APPRAISAL BD THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES FERSTL, JAMES THOMAS 5905 FOREST PLACE SUITE 100� r� LITTLE ROCK AR 72207 CLICENSE NUMBER: RZ3962 EXPIRATION DATE: NOVEMBER 30, 2024 Always verify licenses online at MyFloridakense.co-n Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. FERSTL VALUATION SERVICES File: 12664 Page 739 of 1140 REPORT ADDENDA (CONTINUED) m -n T. 21. � (n m a) z v � � 3 m 6 m v � O N O O NV A N O O N W � D CD v L N m m n X � N (D �CD 0 cr co v M m Q O LIM iti cv R #—K `, c (D o o 3 O Q Q 3 (D CD, ( D -o � C CD cD 3 3 cD (D U) cn O O (D M O CD C --% cn = O CD CD CD W m-4 (n O v C 3 D cD -p r -0 O 1 C. LD. c � �. CD v < CD Q q FERSTL VALUATION SERVICES File: 12664 Page 740 of 1140 REPORT ADDENDA (CONTINUED) OKLAHOMA INSURANCE DEPARTMENT rnM YI•.1111l� `4t41W'1'. Sri !711 t. GLEN MULREAOY, Chairperson REAL ESTATE APPRAISER BOARD IH IW. rM 111YOW �IIK.W�MTIlW 12095CGA JAMES T FERSTL 07/20/?022 5905 FOREST PL STE 100 LITTLE ROCK, ARKANSAS /220/ 09/3112025 State of Oklahoma Glen Mulreadp, Insurance Commissioner Oklahoma Real Estate Appraiser Board This is to certify that: James T Fersd has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a State Certified General Real Estate Appraiser in the State of Oklahoma. In Witness Whereof, 1 have hereunto set Inv hand and caused the seal of ' my office to be a f `ixed at the City of Oklahoma City State of Oklahoma, this 20th day of July , 2022 . EV-11 0813112025 xjzm� Cden Mulresdy, Insunrr:ce Commissioner Chairperson, Okkhoma Red Estate AppmiserBoeard Members, O➢khhama Rest Bstrte ApprAis"Board ES On, Soo, g',�jw' wo6t- 0kkhmwa : 9pprnrrrr Nawbrr 12895CGA FERSTL VALUATION SERVICES File:12664 Page 741 of 1140 REPORT ADDENDA (CONTINUED) ■ ATTN:AFFILIAI+.D REAL ESTATE APPRAIS JAMES THOMAS FERSTL 5905 Forrest Place Suite 100 LITTLE ROCK AR 72207 OIL IKTMI-+N1 TE10 E 0► CUMMlRCt ANU lM36 R.\NGL Sf J (NFL TNOflAC FERSTL. ID NUMBLR: 4572 {TIN LIC. STATUS AC Wk IEXPR(A MIN DA It: ft, ay )1.:(AA TTM49SSU REAL CSTATR APPRAISER COMMISSION CERTIFWM C.MFI .U. REAL ESTATE APPRAISER THIS IS TO CERTIFY THAT ALL RtQUIRFMFNn OF rHL STATL OP tYNNMtt HA YL BEEN MET �2$46626 Mate of ellne55ee TENNESSEE REAL ESTATE APPRAISER COMMISSION CERTIFIED GENERAL REAL ESTATE APPRAISER LAMES THOMAS FERSTL .J/tl� Id %( (+nrll�i Ira! I7K Fhq/FY'111f7!/� 0�� ��fllC A��(/[)/i!►6�;flYl /tQNf' fK�7e 7/t�. ID NUMBER: 4522 LIC STATUS: ACTIVE: EXPIRATION DATE: January 11, 2024 IN-1313 DEPARI MENT OF COMMERCE AND INSURANCE FERSTL VALUATION SERVICES File:12664 Page 742 of 1140 REPORT ADDENDA (CONTINUED) Stephen Tharp, SRA 5905 Forest Place, Suite 100 Ferst]. LittleRock, AR 72207 Real Estate Appraiser Phone: (501)375-1439 VALUAt tuh SLX\ sicn . Email: stharp(a:fcrstivs.com EDUCATION University of Arkansas- Fayetteville, AR Master of Education Arkansas State University- Jonesboro, AR Bachelor of Scicncc Pratt Community College- Pratt, Ks Associate of Science APPRAISAL. Appraisal Institute COURSEWORK USPAP — Uniform Standards of Professional Practice. Basic Appraisal Principles Basic Appraisal Procedures Business Practices and Ethics Residential Market Analysis and Highest & Best Use Residential Sales Comparison & Income Approach Residential Site Valuation and Cost Approach Residential Report Writing and Case Studies Real Estate Finance Statistics & Valuation Modeling Advanced Residential Applications and Case Studies/Part I Advanced Residential Report Writing/Part 2 General Appraiser Sales Comparison Approach General Appraiser Site Valuation and Cost Approach General Appraiser Income Approach Part 1 General Appraiser Income Approach Part 2 General Appraiser Market Analysis and Highest & Best Use General Appraiser Report Writing and Case Studies McKissock Subject Matter Electives Advanced Residential Applications and Case Studies Professional Arkansas State Certified Residential Appraiser — CR#4331 Memberships Appraisal Institute — Designated Member ##602216 Arkansas Chapter of the Appraisal Institute - 2022 Nominating Committee Member Professional Ferstl Valuation Services Experience Field Appraiser - Residential and Commercial Real Estate 2017 — Present FERSTL VALUATION SERVICES File: 12664 Page 743 of 1140 REPORT ADDENDA (CONTINUED) zzf� ° A� � ��a� _ � f !/ � 4 ■: / @ 40 O O w \} co r t Z § O §± < \�� M < k % mez .& > § 3' a ■ ■± § 7 LLI LLJ ce, � � E 2 ` � �. § 2 @ J-� w R $.%$ LLJU )kV u LW LLJ V) § ƒ < &`z cic Q- f)k k � - k41k RRSTLVALUATION SERVICES qE 264 Page 744 G 1140 The City of Fayetteville- Engineering (Division 125 W. Mountain St. Eayetteville, AP, 72701 As of March 1, 2023 Client: City of Fayetteville Engineering Division 125 W Mountain St Fayetteville, AR 72701 Presented By: The Real Estate Consultants Produced By: Mark E. Risk, GAA State Certified General Appraiser #0202 File #23-0011 © Copyright 2023 by The Xeaf Estate Consultants ACfRights 12esemed Page 745 of 1140 THE REAL ESTATE CONSULTANTS °REALTORS ° APPRAISERS ° CONSULTANTS March 15, 2023 Waylon Abernathy, Director of Bond Projects and Facilities City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 2592 N. Gregg Ave. Suite #1 P.O. Box 747 Fayetteville, AR 72702 (479) 442-0762 RE: Appraisal Services City of Fayetteville Proposed Land Lease Area on West Ave. Fayetteville, AR 72701 Dear Mr. Abernathy: In compliance with your request and to determine the Market Value of the above captioned property, I hereby certify that I have personally inspected the property and made a survey of matters pertinent to the estimation of its value. The subject property was inspected by the appraiser on March P, 2023. The intended use is for potential sale evaluation of the aforementioned property by the City of Fayetteville. I further certify that I have no interest present or contemplated in the property under appraisement, and that my fee was not contingent upon the value estimate reported. The opinions set forth in this letter are stated as of March 15, 2023. The following narrative appraisal report contains the data gathered in my investigation and shows the method of appraisal in detail. The report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. This report is considered an "Appraisal Report". This appraisal is based upon information gathered by the appraiser from the subject owner, public records, and other reliable sources, and upon an inspection of the subject property and neighborhood. In developing the appraisal approaches used, data was collected from the Real Estate Consultants' office files and courthouse records. The appraiser has applied the Market Data Approach in this appraisal. Based upon my inspection of the subject property and the investigation and analysis carried out in this report, it is my considered opinion that the Market Value of the subject property as of March 1, 2023, and subject to the assumptions and limiting conditions set forth in the body of this report, is as follows: NINETY-NINE THOUSAND DOLLARS ($99,000) Respectfully submitted, 5T�TE eo ? -T.FIED o CEN".f,r^L is L ND. CGD232 Mark A. Risk GAA State Certified General Appraiser # CG0202 Page 746 of 1140 2'a6fe of Contents Section I — Erecutive Summary.............................................................................. 3 SalientFacts & Conclusions....................................................................................................3 SubjectAerial Photo................................................................................................................4 SubjectPictures........................................................................................................................5 LegalDescription.....................................................................................................................6 Appraisal Inspection Comments............................................................................................7 Section II-Appraisaffremises.............................................................................. 8 MarketValue Defined.............................................................................................................8 Hypothetical Condition Defined.............................................................................................8 Extraordinary Assumption Defined.......................................................................................8 PurposeOf the Appraisal........................................................................................................9 Intended Use and User of The Appraisal...............................................................................9 PropertyRights Appraised.....................................................................................................9 SubjectHistory.........................................................................................................................9 SubjectStatus...........................................................................................................................9 Assumptions and Limiting Conditions.................................................................................10 Scopeof the Appraisal...........................................................................................................15 GeneralComments................................................................................................................15 Scope of the Appraisal — Appraisal Methods Used.............................................................16 Section III — Data ftesentation..........................................................................17 NeighborhoodDescription....................................................................................................17 PropertyDescription.............................................................................................................18 SubjectProperty Aerial Map................................................................................................19 CityDowntown Zoning Map.................................................................................................19 Subject Site Water and Utility Map.....................................................................................20 Section IV — Su6jectAnafysis e� VafuationApproaches...................................... 22 Highest And Best Use Analysis.............................................................................................22 The Four Tests of Highest & Best Use.................................................................................23 Four Tests of Highest & Best Use Continued......................................................................24 TheMarket Data Approach..................................................................................................25 Market Data Approach -- Comparable Land Sales Map...................................................26 Analysis of Comparables and Conclusion of Land Value..................................................34 Comparable Sales Adjustment Grid, Continued................................................................37 Correlation, Analysis, and Conclusion.................................................................................38 CertificateofAppraiser........................................................................................ 39 Sectionv-Addendum.......................................................................................... 40 ZoningOrdinances.................................................................................................................41 AppraiserQualifications.......................................................................................................45 2 Page 747 of 1140 Section I — Executive Summary► SaCwnt Facts qZ Conclusions 'Property. A part of the SW1/4 of the NE'/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County. Washington (Parcel #(s�. Pt. of Parcel #765-01743-002 Fee Owner City of Fayetteville Subject Location: S. West Ave., south of Dickson St. - Fayetteville, AR 72701 EstateAppraised: Fee Simple Size. Site — 2,196 Sq Ft. Effective bate: March 1st, 2023 - The Date of Inspection VtiCties. All Municipal Utilities Are Available Zoning: Main Street Center Yfiyhest and Best Vse. Assemblage with adjoining property Value Indications: Market Data Approach $99,000 Cost Approach NA Income Approach NA Final Estimate of Warket Value: $99,000 Note: This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 748 of 1140 Subject Aerid Photo rX n-V � wwT 4 Im May, SUBJECT r 4, 1 —s,_! h v, UIT FFF1 Io z. �Spring���et �kt�r,ara.a Pa. rking � gement Mig'hroI B cycle s 1 ' F M )oss,Law Firm, P.A 0 P M Page 749 of 1140 Subject Tictures Proposed Lease Area Proposed Lease Area Page 750 of 1140 Property Identification The property under appraisement is a small area of the City owned parking lot south of Dickson St. off West Ave. in Downtown Fayetteville, Washington County, Arkansas. The property is owned by the City of Fayetteville. Le aC lnescri�tion Lease Area #1 A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: Commencing at the Northwest corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville. Washington County, Arkansas. Thence S87*09' 15"E, along the North line of said quarter, a distance of 365.32 feet; thence departing said North Line of S02*33' 19"W, a distance of 41.67 feet to the point of intersection of the West Right -of -Way line of West Avenue, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, along said West Right -of -Way line the following three (3) courses: S02*33' 19"W, a distance of 100.00 feet; thence S03*05'04"W, a distance of 192.32 feet; thence S03*02'34"W, a distance of 113.11 feet; thence departing said West Right -of -Way line N86*57'26'W, a distance of 38.98 feet to the POINT OF BEGINNING; thence along a non -tangent curve to the right having a Radius of 304.25 feet and a Chord that bears S08*05' 12"W, an arc distance of 24.10 feet; thence N87*01'52"W, a distance of 44.16 feet; thence NO3*36'51"E, a distance of 24.00 feet; thence S87*01'29"E, a distance of 46.04 feet to the POINT OF BEGINNING, containing 1,086 square feet or 0.025 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. And Also: Lease Area #2 A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tract land recorded in the Washington County Recorder's Office in Book 1340, at Page 810, more particularly described as follows: Commencing at the Northwest corner of the Southwest Quarter (SW 1/4 ) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87*09' 15"E, along the North line of said Quarter, a distance of 365.32 feet; thence departing said North line S02*33' 19"W, a distance of 41.67 feet to the point of intersection of the East Right -of -Way line of West Avenue, as now established, and the South Right - of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line, ON Page 751 of 1140 along said West Right -of -Way line the following three (3) courses: S02*33' 19"W, a distance of 100.00 feet; thence S03*05'04"W, a distance of 192.32 feet; thence S03*02'34"W, a distance of 147.11 feet; thence departing said West Right -of -Way line N86*57'26"W, a distance of 42.55 feet to the POINT OF BEGINNING; thence along a non -tangent curve to the right having a Radius of 304.25 feet and a Chord that bears S20*0V31" an arc distance of 82.48 feet; thence NO2*48'32"E, a distance of 78.61; thence S87*01'52"E, a distance of 24.34 feet to the POINT OF BEGINNING, containing 1,110 square feet or 0.025 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. Appraisa[LWection Comments Date. March 1, 2023 Inspection Notes. Mark Risk visually inspected the subject property on the above date. The inspection consisted of a walking tour of the property. The appraiser was accompanied by architect Rob Sharp who was representing a bordering property owner (Brian Reindel) who has a potential interest in the subject land. Owner Contact: Waylon Abernathy representing the City of Fayetteville 7 Page 752 of 1140 Section II - Appraisaffremises War et Value Defined The Appraisal Foundation defines market value as follows: "The most probable price that a property should bring in a competitive and open market under all condition's requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." YVotheticaf Coition DeEned Hypothetical Condition — A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. Uniform Standards of Professional Appraisal Practice L#Lprdina . Assummtion �De fined Extraordinary Assumption — An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinion or conclusions. Uniform Standards of Professional Appraisal Practice N. Page 753 of 1140 (Pu!pose Of the Appraisaf The purpose of this report is to estimate the Market Value of the subject property. Intended'Vse and Userof 26eAAraisaf The intended use of the appraisal is for potential sale or lease evaluation purposes of the client. The intended user is the client, The City of Fayetteville - Engineering Division. ftopegy ghtsAWaised The property is appraised as though owned in fee simple and unencumbered. A fee simple title is the fullest type of private ownership possible, subject to all public limitations including zoning, taxation, and eminent domain; and subject to private limitations, which may exist, such as easements and restrictions of record. Subject �fistory According to Washington County records, the City of Fayetteville has held the subject property since 1989. The most recent ownership change occurred on September 27, 1989, per Deed 1340 page 810 of the Washington County Courthouse Records. In this transaction the property was deeded to the City of Fayetteville from McBride Distributing, Inc. No revenue stamps were placed on the deed. No other arm's length transactions were discovered involving the subject property within the past five years. Su6ject Status The subject property is currently being considered to be leased to the general public by the City of Fayetteville. There is no list price or asking price for the property at the time of the appraisal. M Page 754 of 1140 .Assumptions and Limiting Conditions ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT BY THE CLIENT OR ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE FOLLOWING ASSUMPTIONS AND LIMITING CONDITIONS: Limit of LidWity The liability of TREC, Inc., The Real Estate Consultants, Mark E. Risk GAA, and associates and employees is limited to the client only and to the fee actually received. Further, there is no accountability, obligation, or liability to any third parry. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignments. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property - physically, financially, and/or legally. In the case of limited partnerships, client agrees that if any lawsuit brought by a lender, partner, part owner, tenant, or other party, results in any award or settlements of any type in such suit regardless of outcome, that the client, who is the intended sole recipient of this report, will hold the appraiser completely harmless in any such action. Copies, Tu6&atiory Dtstn6ution, and vse of the import Possession of this report or any copy thereof does not carry with it the right to publication, nor may it be used for any purpose other than its intended use. The signer of this report is a candidate for membership in the National Association of Independent Fee Appraisers, and a member of the National Association of Realtors and its Appraisal Section. The Bylaws and Regulations of these organizations require their members to control the use and distribution of each report signed by such member. Therefore, except as hereinafter provided, only the party for whom this report was prepared may distribute copies of this report, and only in its entirety, to such third parties as may be selected, but not without prior written consent and approval of the signatory of this report. The physical report remains the property of the appraiser for the use of the client. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the National Association of Independent Fee Appraisers, the National Association of Realtors or any designations shall be disseminated to the public through the advertising media, public relations media, news media or any public means of communication without prior written consent and approval of the signer of this report. The authentic copies of this report are sealed with my Seal. Any copy that is not so sealed is unauthorized and may have been altered. ConjUentwlity and7rade Secrets: This appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b) (4). The appraiser may not divulge the material contents of this report, the analytical findings and conclusions, or give a copy of this report to anyone other than the client or his designee as specified in writing - except as may be required by the National Association of Independent Fee Appraisers, the National Association of Realtors, or other organizations as they may request in confidence for ethics enforcement, or by a 10 Page 755 of 1140 court of law of body with the power of subpoena. This appraisal is to be used only in its entirety and no part is to be used without the whole report. No change of any item in the report shall be made by anyone other than the appraiser, and the appraiser shall have no responsibility if any such unauthorized change is made. The client shall notify the appraiser signing the report of any request to reproduce this appraisal in whole or part. Testimony, Consuftatwn, and Completion ofAppraisaCSerpices The contract for appraisal, consultation, or analytical services is fulfilled and the total fee payable upon completion of this report. The appraiser or those assisting in preparation of this report will not be asked or required to give testimony or be subpoenaed in court of any public or private hearing because of having made this appraisal, in full or in part, nor engage in post appraisal consultation with the client or third parties except under separate and special arrangement and at additional fee. A MINIMUM TWENTY DAY NOTICE MUST BE GIVEN BEFORE COURT APPEARANCE FOR PURPOSES OF REVIEW AND STUDY. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges regardless of the issuing parry. Information Vsed No responsibility is assumed for the accuracy of information as to description (legal, physical, etc.) of the premises, restrictions, improvements, and income features of the property furnished by others, the client, his designee, or public records. All information furnished by others is assumed to be true, correct, and reliable and a reasonable effort has been made to verify such information. An impractical amount of time and money would be necessary to furnish unimpeachable verification in all instances. It is suggested that the client consider independent verification if so desired before making a significant commitment regarding the subject property. No responsibility for the accuracy of data and information obtained or the work of possible subcontractors is assumed by the appraiser. Purchasing (Power, Value Change, and*gWa*t Influences The estimated market value and the costs used relate only to the effective date of the appraisal. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. Market value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering and subject to economic changes in the marketplace over time. In appraisals involving the capitalization of future income benefits, the estimate of market value reflects the appraiser's interpretation of income, yields, and other factors derived from general and specific market information. Such estimates are as of the date of appraisal and subject to dynamic changes in the financial markets that may occur. LegaCty of Vse and 2ZefatedStudies This report is based on the premise that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless non-compliance is stated, defined, and considered in the report. It is assumed that all applicable zoning, building codes, and use regulations and restrictions of all types have been complied with, unless nonconformity has been stated, defined, and considered in the appraisal report. It is assumed that all required licenses, consents, permits, or other legislative or administrative authority from any local, state, or federal government and/or private entity or organization have been or can be obtained or renewed for any use on which the value estimate in this report is based. 11 Page 756 of 1140 No environmental or impact studies, special market study of analysis, highest and best use analysis study, or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise, or rescind any of the statements, findings, opinions, values, estimates, or conclusions based upon any subsequent study or analysis, or any previous study or analysis pertinent to the assignment that becomes known to him after the report is finished. Gegafand FinandafAssumptions No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. The property is appraised in gross as free and clear of all mortgages, liens, encumbrances, leases, and servitudes unless so specified within the report. If this appraisal is used for mortgage loan purposes, it should be noted that specific loan ratios, term amortization, and equity requirements have not been suggested. This appraisal report and value estimate is subject to change if the physical or legal entity or financing is different than that envisioned in this report. ArcFiitectural; Structural; WecfianicaC and EngineeringAssumptions No responsibility is assumed for matters of survey, architectural, structural, mechanical, or engineering nature. The legal description used in this report is assumed to be correct as furnished by the client, his designee, or as derived by the appraiser. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment to trespass unless noted within this report. The appraiser has inspected, as far as possible, by observation the land and the improvements thereon. However, it was not possible to personally observe conditions beneath the soil, hidden structural components, or any mechanical components within the improvements and no representations are made as to these matters unless specifically stated and considered in this report. This appraisal is based on there being no hidden, unapparent or apparent conditions of the property site, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or engineering needed to discover such factors. The appraiser does not warrant against the occurrence of problems arising from the soil conditions. All mechanical components are assumed to be in operable condition and states standard for properties of the subject's type. Conditions of heating, cooling, ventilating, electrical, and plumbing equipment is considered to be commensurate with the conditions of the balance of the improvements unless otherwise stated. No judgment is made as to the adequacy of insulation or energy efficiency of the improvements or equipment. The lender, owner, or buyer should inspect the property before purchase or any disbursement of funds. Any of those parties may wish to require mechanical or structural inspection by a qualified and licensed contractor, civil or structural engineer, architect, or another expert. The appraiser has not been requested to make an investigation of the possible existence of any potentially hazardous insulation or material used in the construction or maintenance of the building, or the possible existence of toxic waste which may or may not have been stored on the property or the possible existence of radon gas on the property. 12 Page 757 of 1140 The appraiser represents that he is not qualified to test for the presence or absence of such items and has not considered, and assumes no responsibility for, such products which might render the property more or less valuable. The client is advised to retain an expert in this field if this information is presumed appropriate and necessary. This appraisal has not considered conditions relating to surface or subsurface waters; including, but not limited to water table, flood plain, flood hazard, or rights, if any, claimed nor or in the future in riparian lands and drainage - unless otherwise noted in this report. The appraiser assumes no responsibility for any costs or consequences arising from the need for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. Management of 'Property It is assumed that the property being appraised will be operated under prudent, responsible, and competent ownership and management - being neither inefficient nor super -efficient. Exfii6its The sketches and maps in this report are included only to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. Site plans are not surveys unless shown from a separate surveyor. 13 Page 758 of 1140 Component Vafues The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. Neither the analysis and conclusions herein nor the allocations of value for land and improvements may be used in conjunction with any other appraisal and are invalid if so used. Tersona[Property Furnishings, fixtures, or equipment of the business operation except as specifically indicated and typically considered as a part of the real estate have been disregarded unless otherwise stated. For some property types, business and real estate interests and values are combined. T ed'era1After-2ax_Ana[ysis Any after-tax income and investment analysis or measures of return on investment are intended only to reflect possible and general market considerations at an assumed value of price paid. The appraiser does not claim expertise in tax matters and advises the client and any other person using this appraisal to seek competent tax advice. The appraiser is in no way to be considered a tax or investment advisor. Hypothetical Condition There are no hypothetical conditions regarding the appraisal of the subject property. Extraordinary Assumptions It is assumed by the appraiser that there are no utility easements or other easements affecting the subject site other than those stated in this report. If this assumption is found to be false, it could alter the appraiser's opinion or conclusions. 14 Page 759 of 1140 Scope of theAppraisaf Introduction "The term scope of the appraisal refers to the extent of the process of collecting, confirming, and reporting data." 1 The appraiser determines a report's scope (extent of data collection & depth of reporting) according to the following primary factors: 1) Satisfaction of standards as set forth by USPAP. 2) Satisfaction of any additional standards/specific requirements as defined by client request &/or organization(s) for which an appraiser has professional membership. 3) Perceived needs of the intended user(s) as related to a report's intended use. The scope of this appraisal encompasses the necessary research and analysis to prepare a report in accordance with its' intended use, the Code of Professional Ethics & Standards of Professional practice of the National Association of Realtors, and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The appraiser has determined an "appraisal report" conforming to USPAP Standard 2-2(b) would satisfy the needs of the intended user(s). A Summary report offers basic statements of fact &/or brief summary comments when describing data, reasoning, and analysis used in the appraisal process to develop an opinion of value. As such, some documentation supporting the data, reasoning, and analysis was kept in the appraiser's files. generaCComments Basic information pertaining to this assignment is based upon information gathered by the appraiser from inspection of the subject property and neighborhood, public records, and other identified sources. Data believed to be unreliable was not included in this report nor used as a basis for the value conclusion. Region, county, city, and neighborhood data were based on information in the Real Estate Consultants library and files, physical inspection of the immediate neighborhood, and data from the City of Fayetteville and Washington County. The appraiser physically inspected the subject on March 1, 2023, with subject photographs taken at that time. Subject property data was based upon information gathered from physical inspection of the subject property and immediate neighborhood, documentation provided by the City of Fayetteville, public records, and other identified sources. In evaluating the highest and best use for the subject property, an analysis was made of data compiled in the steps noted above. The appraiser's opinion of subject's highest and best use is based on important factors such as physical location, physical characteristics, zoning requirements, and use history/potential. In addition, a study of the downtown land development market in the subject area has been made to help determine the economic feasibility of the subject property. ' Appraisal Institute, The Appraisal of Real Estate-10' Edition, (Chicago: The Appraisal Institute, 1992), p. 575 15 Page 760 of 1140 Scope of the Appraisal—Appraisa(Methods Vsed Warkft Data (Safes Companson)Approach -- Underlying land value is based upon analysis of available market data for land comparables, either vacant or with improvements extracted, in the central downtown area. Comparables were gathered from the appraiser's files, Realtors ® multi -list service, courthouse records, and interviews with knowledgeable market participants. The most important individual examples are discussed in digest format, and then reconciled on a price per square foot basis to the subject after discussion. Applied appreciation over time, if any, is based on accumulated data in the appraiser's files and the appraiser's knowledge of the local market. IncomeApproach — The income approach was not developed under the scope of this appraisal assignment. At the time of the appraisal the subject property was not being rented or lease. Cost Approach -- The cost approach was not developed under the scope of this appraisal assignment due to the lack of marketable improvements on the site. Existing parking lot, etc. are planned to be removed and are not included in this appraisal report. 16 Page 761 of 1140 Section III — Data 1tesentation ffn h6orhood ft. cn tzon For appraisal purposes, a neighborhood is considered to be a portion of a larger community in which there is a homogeneous grouping of inhabitants, buildings, or business enterprises. Neighborhood inhabitants usually have a more casual community of interest and similarity of economic level and cultural background. Neighborhood boundaries may consist of well-defined natural or man-made barriers, or they may be more or less well defined by a distinct change in land use, or in the character of the inhabitants. The immediate area is commonly known as Fayetteville's Dickson Street Entertainment District, with neighborhood boundaries defined as such: N- Maple, S- Center St., E- College Ave., and W- U of A Campus. The central downtown encompasses the City's financial and entertainment centers and continues to undergo revitalization as it adapts to current market demands and trends. The neighborhood is viewed by the market as one of the most desirable for commercial use, especially within the entertainment niche, both within the city and throughout the NW Arkansas region. College Avenue (Highway 71B) is the most important N-S open -access business route in the region. Close proximity to the University of Arkansas. 17 Page 762 of 1140 '`rope o , cri�tion Site Based upon the survey provided by the client, the subject consists of (2) Lease areas. Lease area #1 is .025 acres or 1,086 sq.ft.. Lease area #2 is .025 acres or 1,110 sq. ft.; with both areas totaling .05 acres or 2,196 sq. ft. They are two irregularly shaped, noncontiguous parcels, with a level to gentle slope down from West Ave to the west. The parcels are separated by a public walkway. The site is mostly cleared but there are several trees on the land. The parcels have been part of the public parking lot at West and Dickson Streets. The tracts offer approximately 100± feet of frontage near the west right of way along West Ave. West Ave. has two lanes and is paved with asphalt. However, it does not appear from documents provided to the appraiser that the subject has frontage or legal access to West Ave. The land appears to lie outside any FEMA identified flood zone area. The site has access to all municipal utilities. There appears to be a 18" sewer line bisecting the site and a 8" water line just south of the subject. It is assumed these lines would be accessible to the subject property. No other adverse easements, encroachments, or other conditions were noted upon inspection. Per the City's Downtown Master Plan zoning code, zoning is Main Street Center. This is a broad classification, primarily designed to allow high -density development. See zoning information in the addendum to this report. Improvements There are no permanent improvements included in this appraisal. Existing improvements are planned to be removed. Environmenta(Ana - My routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions that would affect the subject property negatively. The value estimated in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. However, the appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. It is unlikely but possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. Page 763 of 1140 Su6iect PropeM.Aeriaf Mai 1 7 :, t A _I Source: City of Fayetteville GIS Mapping System City (Downtown ,Zonin�a MSC Source: City of Fayetteville GIS Mapping System 19 Page 764 of 1140 Subject Site Water and V tj9U �-rIL � AIMAP 6' PVC = _-addW 7 - t 1 F'V( t r � • 1• y • r Source: City of Fayetteville GIS Mapping System 20 Page 765 of 1140 Subject Site LeaseArea drawing 0' 10' 20' 40' SCALE IN FEET POINT OF COMMENCING NW Corner, SW'/ NE'/< Section 16, T16N, R30W N 0 N c01 S87°01 M / Ln 0 N NO3°36'51"E 3 0 24.00' 1 r, l o1 / o I N87°( <I of Lease Area #1 containing 1,086± s.f. or 0.025± ac. L J � � r o Lease Area #2 of containing 1,110± o is s.f. or 0.025± ac. Q PROJECT NO: 020-0275 DRAWN BY: DRC DATE: 02.08.2023 S87°09'15"E 365.32' Dickson Street South R/W line ROW of Dickson St. North line of SW'/4, NEY4 � Section 16, T16N, R30W 0 to 0 ml0 1 POB-Lease Area #1 M _ N86°57'26"W �o .� ?� (CD38.98' _. > 2n, CB=S 8 CB=S08°05'12"W 44.16'—• CH=24.09' 1'S2"E N86°57'26"W 34' --- 42.55'----- POB-Lease Area #2 West R/W line of West Ave. Parcel:765-01743-002 3 City of Fayetteville Book 1340, Page 810 R=304.25' I L=82.48' CB=S20°01'31 "W CH=82.23' S02°33'19"W 41.67' S02°33'19"W 100.00, This sketch is not a boundary survey. It is intended to show the configuration of proposed lease areas. It should not be used to locate property lines and does not meet the Standards for Property Boundary Surveys. LEASE AREA DRAWING EXHIBIT OI � 302 East e, A p Road PARCEL NO. 765-01743-002 Fayetteville, AR 72703 CITY OF FAYETTEVILLE TEL 479.443.3404 A 21 Page 766 of 1140 Section IV —Sub sect AnaCysis c valuation AWoacfws M�FieAAnd-Best VseAnaC The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability." The following tests must be met in estimating the highest and best use of the subject: 1. It must be physically possible based on subject site characteristics. 2. It must be a legal use under current or likely zoning regulations. 3. It must be probable and not based upon conjecture or speculation. 4. There must be a profitable demand for such use and it must return to the land the highest net return for the longest period of time. I applied these tests to the subject. The Highest and Best use of a property is based on current trends and necessities in its neighborhood with respect to overall supply and demand factors and required rates of return for specific investment types. An appraiser's interpretation of highest and best use is essentially an economic study of market forces as they affect a specific property. Appraisal theory and USPAP generally require development of two Highest and Best use opinions - `as though vacant' and `as improved'. `As though vacant' is essential to determining underlying land value and intimately connected to the Cost Approach. The `as improved' conclusion considers potential economic contribution (if any) of existing improvements and assists in determining how a prudent investor would utilize such improvements (renovation, expansion, demolition, et cetera). `The Appraisal of Real Estate- IOth Addition' (Appraisal Institute, Chicago, 1992) offers this statement: "The use that maximizes an investment property's value, consistent with the long-term rate of return and associated risk, is its highest and best use as improved." Any determination of highest and best use includes identifying the motivations of probable purchasers. The benefits of an investment property like the subject relates to net income potential and eventual resale or refinancing. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. This use must meet the four criteria previously mentioned. The subject property is currently unimproved without any significant structure. Hence, the Highest and Best Use as though vacant is applicable only to the subject site. `As though vacant'- It is my opinion the land's highest and best use as though vacant is for plottage with adjoining property. A summary discussion on the four tests of highest and best use is offered on the following pages. 22 Page 767 of 1140 The Four Tests o f ffighest q� Best Ilse Generafcomments The subject land is well located in central Fayetteville entertainment district, with the immediate neighborhood established for commercial and residential uses. Its' current zoning allows for very dense development. The subject's shape and size are likely too small to construct a significant structure. Physicaffy Possi6Ce: Basic factors affecting the potential for physically constructing improvements on a specific site include tract size, shape, topography, and soils. Further utility depends on utilities availability, roadway frontage, and tract depth in relation to width. Irregularly shaped parcels may cost more to develop and usually have less overall utility than a rectangular parcel. The sites terrain has a slight gentle slope to it which would facilitate construction. The site offers an inadequate size to comply with current design standards for most commercial buildings. Residential use of the site is considered doubtful due to the proximity to the railroad tracks and bars and restaurants, although, there is demand for housing in the neighborhood. I am unaware of any adverse soil conditions that might hinder full use of the lot. Considering these factors, prospective developers would not likely purchase this site for development. However, there is possibility a small- scale project could be constructed on the property. Legalry Permissi6fe: Land use options are further restricted by legal considerations, primarily determined by civil authorities, but also possible via private contract. The most obvious example is zoning. Other important factors include building codes and environmental regulations. Private, non -governmental examples include deed restrictions, subdivision covenants, easements, and long-term land leases. These legal factors limit current use &/or development options in the absence of `grand fathering', allowed `non -conforming use', or other usually rare privileges. The subject lies within Fayetteville city limits and is zoned Main Street/Center. This zoning designation is planned for high -density use. Many options are therefore available according to the legality test, including development into commercial and residential uses. After discussions with the City's planning office, it was determined that a small building could be constructed on the site under the Main Street/Center zoning classifications. It would be difficult but not impossible to place a building on the site under current zoning requirements for setbacks. The zoning code requires a setback from the street of 0' to 25' and 5' from the rear. There are also existing utility easements along the east and south boundary that will further decrease the building area of the site. There is also ample street frontage under the subject's zoning classification. Hence, allowing a small area to construct a building. Furthermore, there are not any off-street parking requirements for commercial use of the site. 23 Page 768 of 1140 Four tests o[ffighest e� Best Vse Continued Financially Feasi6Ce: After limiting the array of uses by tests of physical possibility and legal permissibility, the appraiser then judges remaining possibilities according to financial considerations. A potential use is deemed financially feasible if that use promises a positive return on investment, all things considered. Positive return is contingent upon potential net operating income matched with appropriate required rates of return for a particular use. Important factors affecting such a return include operating expenses, debt satisfaction, and capital amortization. In my opinion, the subject's best financial return will be realized by a small commercial building or plottage with adjoining property. MaVmalry Productive: `The Appraisal of Real Estate Tenth addition' (Appraisal Institute, Chicago) defines this concept as such: "Of the financially feasible uses, the use that produces the highest residual land value consistent with the rate of return warranted by the market for that use is the highest and best use." Among all potential uses remaining after consideration of the first three tests, a single specific use that results in the highest estimated residual land value is then determined. Most often, due to the durability of most real estate related improvements, prospective uses are narrowed according to a long-term scenario. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. Per Tenth addition: "The stream of benefits, or income, produced by the buildings reflects a carefully considered, and usually very specific, land use program. I believe the subject's best use is to combine the subject site with adjoining land to the west. 24 Page 769 of 1140 The War et Data gMpach The Market Data Approach or Sales Comparison Approach is an attempt to measure the reactions of typical buyers and sellers in the market. In this approach a direct comparison is made between the property being appraised and comparable properties that have either been sold recently, have received bonafide offers from prospective buyers, or are currently offered for sale. The value of the property being appraised is inferred from the selling prices, offers, and asking prices of the comparable properties. To be "comparable" a property need not be identical to the subject. The word "comparable" is used in its ordinary sense meaning something that is capable of being compared with or worthy of comparison. The appraiser assumes that a typical buyer in the market will not pay more for the subject property than it would cost to buy a comparable substitute property. The price a typical buyer is willing to pay is generally the result of an extensive search process in which he is constantly comparing alternative properties. In the meantime, the typical seller is usually trying to obtain the highest possible price for his property based upon his knowledge of the marketplace. In applying the Market Data Approach, the appraiser takes the following steps: 1. Researches the market for available comparable properties in which actual sales, listings, or offerings have occurred. 2. Confirms the prices and bonafide nature of the data and qualifies the terms and motivating forces. 3. Compares the property being appraised with each of the comparable properties, under the general division of location, time, physical characteristics, and other economic factors. 4. Formulates an opinion of the market value of the property being appraised based upon the price of each comparable property. Pursuant to the appraisal of the subject property, I researched courthouse records, reviewed company files, accessed the Realtor's ® multi -list database, and interviewed knowledgeable market participants to locate recent market activity involving properties comparable or similar to the subject. Land sales selected for comparison with the subject property are included on the following pages. 25 Page 770 of 1140 War et Data.Approach -- Compara6Ce GandSares 9Ya� a Pi Kappa „ v > GE Alpha > Q> a' a Di( ¢ _ ° ¢ a a E O 0 Z St Z V z IL Z Z > W D Comp W Dickson St comp3 3 Walton Arts z Center The Dickson Q a, �erhoo Spring ¢ ¢> CL St z Parking o 5Jb`c� Deck a z j W Spnng St W Spring St z Community ¢> a —°o > Creative v Center a N t z N Z L z W Meadow St a Hillcrest 0 Towers W Center St z L > W Center St > W Center St > > Q ¢ L y 3 7 8 ° r N x N N W Mountain St W Mountain St N a Fayetteville ?°i N Public Library W Putman St > W Rock St > W Rock St > 0'o GHQ 6 � C > > r N � 3 N W N Q L V J L V W South St N f (J'7iversity Ave v a ca^Q' a � bald Yell Blvd a > > W , 250 feet � 50 m e, Mkmdt ei�g N W Prairie St J ¢ g 2022 TomTom, & 2023 Mic4eoft Corpa tion, & OnenStreetA�dG O71 Page 771 of 1140 Landsafe #1 Grantor. Grantee: Date of Safe: Property Location: Legaf 1oescription: Zoning Category: LandSize: Improvements: (ported 'rice: Data Source: marks: Indicated 1�'nc' e: The Mar et (DataApproach — CoMara6fe Safes Data The Lumiere Building, LLC HMT of Fayetteville, LLC 10/26/2018 227 W. Dickson St., Fayetteville, AR Part of Lots Numbered (1) and (4) in Block Numbered Four (4) in the Original Town of Fayetteville, Washington County, Arkansas MSC (Main Street Center) .131 acres or 5,706 sq. ft. None of Contributory Value $950,000 Washington County Assessor Records- Parcel #765-01685-000, Washington County Circuit Clerk's Deed Book 2018 at Page 32093 Small, rectangular shaped shallow lot with frontage on Dickson St. $166.48/Square Foot 27 Page 772 of 1140 LandSafe #2 Grantor. Dewayne & Rhonda Bebout Grantee: Nestor Briceno Date ofSale: 05/13/2021 Property Location: 317 W. Rock St., Fayetteville, AR LegafDescrription: A part of Block 38 in the original plat of City of Fayetteville, Washington County, AR Zoning Category: DG (Downtown General) LandSrze: .15 acres or 6,534 sq. ft. Improvements: None of Contributory Value (portedOice: $190,000 Data Source. Washington County Assessor Records- Parcel #765-02055-000, Washington County Circuit Clerk's Deed Book 2021 at Page 18741 ifmarks: Small lot off Rock St. between S. School and S. Locust. '/2 Block east of the new library. Fairly recent sale in downtown Fayetteville. Indicated W�' ic' e: $29.08/Square Foot W. Page 773 of 1140 LandSafe #3 Grantor. City of Fayetteville Grantee: Dickson & West Investments, LLC Date of Sale: 12/20/2021 Property Location: W. Dickson St., Fayetteville, AR Lega(Description: A part of the NW 1/4 of the NE 1/4 of Section 16, Township 16 North Range 30 West, City of Fayetteville, Arkansas Zoning Category: MSC (Main Street Center) LandSize. .20 acres or 8,712 sq. ft. Improvements. None of contributory value W§ported lnizce: $263,000 Data Source. Washington County Assessor Records - Parcel # 765-01745-003, Washington County Circuit Clerk's Deed Book 2022 at Page 450 marks: Irregularly shaped tract with frontage on Dickson St. Just north of the subject. IndicatedOice. $30.19/Square Foot wt Page 774 of 1140 LandSafe #4 Grantor. Wooden Properties, LLC Grantee: Yeehawg, Inc. Date of Safe: 06/ 16/2021 1toperty Location: 372 W. Dickson St., Fayetteville, AR Lega(Description: A part of Lots Numbered Eight (8) and Eleven (11) in Block Six (6) of the County Court Addition to the City of Fayetteville, Washington County, AR Zoning Category: MSC (Main Street Center) LandSize: .17 A or 7,405 sq. ft. Improvements: None of contributory value ftorteditice: $1,200,000 Data Source: Washington County Assessor Records Parcel #765-04374-000, Washington County Circuit Clerk's Deed Book 2021 at Page 23461 Wmarks: This lot is located on the north side of Dickson St.. The shape is rectangular, and the topography is level and ideal for construction. Indicated price: $162.05/Square Foot 30 Page 775 of 1140 LandSafe #S Grantor. Myers Family Properties LLC Grantee: Satsang LLC Date ofSaCe: 04/28/21 Property Location: 601 W. Center St. Fayetteville, AR Lega(Description: N PT LOT 1 NE SW FURTHER DESCRIBED FROM 2021-16291 AS: Part of Lot One (I) in the County Court Plat of the Northeast Quarter of the South West Quarter of Section Sixteen (16) in Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M., Zoning Category. MSC (Main Street Center) LandSize. .48 Acres or 20,908.8 sq. ft. Improvements. None of contributory value Imported 1�'rice. $450,000 Data Source. Washington County Assessor Records Parcel #765-12944-000 Washington County Circuit Clerk's Deed Book 2021 at Page 16291 9?fmarks. This lot is located one block south of the subject on Center St., it is rectangular in shape. The improvement had burnt down before time of sale and has been razed. Indicated Trice: $21.52/Square Foot 31 Page 776 of 1140 LandSafe #6 fR, Grantor. Modus Real LLC Grantee: MSNZ LLC Date of Sale: 05/27/22 ftoper'ty Location: 205 S. Locust Ave. Fayetteville, AR Lega(Description: PT BLOCK 38 (84/164) FURTHER DESCRIBED FROM 2014-27268 AS: A part of Block Numbered Thirty -Eight (38) in the Original Town (now City) of Fayetteville, Arkansas Zoning Category: DG (Downtown General) Site Qualities: .29 Acres or 12,633 sq. ft. Improvements: None fported0 ce: $470,000 Data Source: Washington County Assessor Records Parcel #765-02048-000 Washington County Circuit Clerk's Deed Book 2022 at Page 02579 &mars: This lot is located southeast of the subject, near the Fayetteville Public Library. It is a rectangular shaped parcel. Indicated 1�ic' e: $37.20/Square Foot 32 Page 777 of 1140 LandSale #7 OrA Grantor Chris and April Copeland Grantee: Katz Family Trust Date of Sale. 3/3/23 ftoperty Location: 357 S. West Ave. Fayetteville, AR Legal Description: PART OF LOT 3 BLOCK 22 & PT VACATED WEST AVE & PT VACATED 30' ALLEY FURTHER DESCRIBED FROM 2023-5262 Zoning Category: DG (Downtown General) Site Qualities: .12 or 5,227.2 sq. ft. Improvements. None 9?Sported0ice: $235,000 Data Source. Washington County Assessor Records Parcel #765-05530-000 Washington County Circuit Clerk's Deed Book 2023 at Page 05262 9?§marks: This lot is located southeast near the subject on West Ave. and is flat and irregular in shape Indicated price: $44.95/Square Foot 33 Page 778 of 1140 ,4naf ,�of CoLnpara6fes and Conclusion of LandVafue In my opinion, there are an adequate number of comparables available to render a reliable opinion of the subject's underlying land value according to its' highest and best use. I offer a variety of verified transactions considered representative of recent market activity, while retaining additional examples in my files. Overall, there has been a limited amount of good comparable sales in the Dickson St./Downtown Fayetteville area. However, there has been an adequate amount of data to render an opinion of the market value of the subject. The comparables used are summarized as follows: Safe Date Tract Size Land price $/SF Compara6iCty 1 10/26/2018 5,706 SF $950,000 $166.48 Superior 2 05/13/2021 6,534 SF $190,000 $29.08 Inferior 3 12/20/2021 8,712 SF $263,000 $30.19 Similar 4 06/16/2021 7,405 SF $1,200,000 $162.05 Superior 5 04/28/21 20,908 SF $450,000 $21.52 Inferior 6 05/27/22 12,633 SF $470,000 $37.20 Similar 7 03/02/23 5,227.2 SF $235,000 $44.95 Similar All comparables are located within close proximity of the subject, with most considered having similar immediate Downtown neighborhood influence. Appreciation over time within the subject's land market niche is still prevalent. But there are fewer top -end prices paid compared to the more speculative time of 2004-2012. However, recent sales are approaching the prices paid in that era. The researched sales indicate an unadjusted price range of $21.52/sq. ft. to $166.48/sq.ft.. This is a wide range in which to comfortably place the subject. Primary differences are attributable to location relative to the Downtown grid, total size, buildability of the tract, date of sale, and overall potential. The upper end of the value range are of good buildable sites, many of which have been developed or are planned for multi -story residential townhomes and commercial uses. The lower end of the range are of tracts off Dickson St. and the downtown square which do not have the appeal of the Dickson St. fronting properties. These tracts are rectangular shaped and sized for smaller residential units. Generally speaking, per square foot values decline as the size of the tract increases. This rule of thumb does not always hold true; though, especially when considering the unique requirements of urbanized areas. Some tracts suffer discounts if they are too small to satisfy zoning ordinances (e.g., parking). In addition, owing to the current trend of condominium/mixed-use projects prevalent downtown, tracts too small for development into multi -story structures do not have nearly the same desirability as the city grows upward. 34 Page 779 of 1140 The appraiser has prepared a sales adjustment grid on the following pages. This grid shows the adjustment process in detail and is used to render a value estimate of the subject property. It is my opinion the subject's land would fall near the mid to lower area of the stated range. Therefore, based upon the above recited sales and analysis thereof, and after adjustments are made for differences in time, size, location, visibility, land qualities, and other economic factors, it is my considered opinion the subject's land value, as of March 1, 2023, is as follows: 2,196± SF @ $45.00/SF = $98,820 Say $99,000 35 Page 780 of 1140 Com ara6Ce SaCesAd i stment Grid' City of Fayetteville Lease Area Comparable Land Sale Grid Fayetteville, AR Appx. 2,196 s .ft. SUBJECT SALE #I SALE #2 SALEO West Ave. 227 W. Dickson 317 W. Rock St. W. Dickson St. Fayetteville Fayetteville Fayetteville Fayetteville PRICE DATA PURCHASE PRICE NA $ 950,000 $ 190,000 $ 263,000 CONCESSIONS/TERMS Cash to Seller Cash/None Cash/None Cash/None Adjustment PRICE PER Square Foot $ 166.49 $ 29.08 $ 30.19 DATE OF SALE NA Oct-18 Ma -21 Dec-21 Adjustment -$33.30 $2.91 $3.02 ADJUSTED PRICE NA $ 133.19 $ 31.99 $ 33.21 LOCATION Dickson St. Superior Inferior Superior Adjustment $ 57.27 $ 3.20 $ SIZE s .ft. 2,196 5,706 6,534 8,712 Adjustment $ 6.66 $ 1.60 $ 1.66 TOPO/SHAPE Clear/Level Similar Gentle/Rectangular LeveVIrregular Adjustment $0.00 $1.60 $0.00 UTILITIES Average Similar Similar Similar Adjustment $ $0.00 $ IMPROVEMENTS NA None None None Adjustment $ $ $ ZONING MSC MSC DG MSC Adjustment $ $ $ FLOOD HAZARD None None None None Adjustment $ $ $ VISIBILITY/ACCESS Average Superior Inferior Superior Adjustment $ 41.62 $ $ NET ADJUSTMENT $ 92.24 $ 6.40 $ 1.66 INDICATED PRICE $ 40.96 $ 25.59 $ 31.55 Mean $ 44.36 Weighted Average $ 44.97 Say $45.00 Indicated Value $98,820 Say $99,000 36 Page 781 of 1140 Compara6Ce SafesAd ustment Grid, Continued SALE #4 SALE #5 SALE #6 SALE #7 372 W. Dickson St. 601 W. Center St. 205 S. Locust 357 S. West Fayetteville Fayetteville Fayetteville Fayetteville $ 1,200,000 $ 450,000 $ 470,000 $ 235,000 Cash/None Cash/None Cash/None Cash/None $ 162.05 $ 21.52 $ 37.20 $ 44.95 Jun-21 A r-21 Ma -22 Feb-23 $0.00 $2.15 $1.86 $0.00 $ 162.05 $ 23.67 $ 39.06 $ 44.95 Superior Inferior Inferior Inferior $ - $ 4.73 $ 7.81 $ 8.99 7,405 20,909 12,633 5,227 $ 8.10 $ 5.92 $ 9.77 $ 2.25 LeveVRectanlar Level/Rectangular Gentle/Rectangular Gentle/Irregular $8.10 $1.18 $1.95 $0.00 Similar Similar Similar Similar None Razed by Buyer None None MSC MSC DG DG None None None None Superior Similar Similar Inferior $ 40.51 $ - $ $ 8.99 $ 56.72 $ 0.00 $ 0.00 $ 2.25 $ 105.33 $ 23.67 $ 39.06 $ 42.70 37 Page 782 of 1140 CorreCatZm AnaCysis, and Conchision The Market Data Approach exclusively was used to estimate the value of the subject land. The Cost & Income Approaches were not considered to be applicable under the scope of this appraisal. The Market Data Approach resulted in the following indicated value: 2rie Market Data Approach $ 99,000 It is the appraiser's opinion that an adequate amount of Market Data was available to obtain a reliable value estimate for the subject land as if vacant. A sufficient amount of sales activity has occurred in the general vicinity of the subject property. The sales analyzed and included in this report are considered reliable and do indicate the prices being paid for commercial/residential land in the Downtown Fayetteville area. Due to the small size of the subject, it was difficult to find truly comparable sales. The appraiser has analyzed recent sales of similar zoned land in the subject area which are suitable for development of multi -story residential/commercial buildings. These are sales are considered superior to the subject property. Furthermore, the appraiser has analyzed sales of land along the railroad right of way which reflect a much lower value than the aforementioned sales. It is the appraiser's opinion that the subject's value should fall somewhere in between the stated value range. The appraiser has assumed that a small building can be built on the subject property. Therefore, based upon the data collected and analyzed within this report and the preceding discussion, it is the considered opinion of this appraiser that the Fair Market Value of the subject property as of March 1, 2023, is as follows. $ 99,000 38 Page 783 of 1140 Certificate ofA aiser I hereby certify, that to the best of my knowledge and belief, that the statements of fact contained in this report are true and correct; that the reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions; that I have no present or prospective interest in the property that is the subject of this report, and I have no interest or bias with respect to the property that is the subject of this report or to the parties involved with this assignment; that my engagement in this assignment was not contingent upon developing or reporting predetermined results; that my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. I hereby certify, that my analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with requirements of the code of Professional Ethics and the Standards of Professional practice of the National Association of Realtors; that the use of this report is subject to the requirements of the National Association of Realtors relating to review by its duly authorized representatives; that all signatories of this report have physically inspected the subject property and are familiar with the comparables stated within. The appraiser further certifies that the analyses, opinions and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice ("USPAP"), except that the Departure Provision of the USPAP does not apply. In the previous sections of this report, the appraiser has analyzed the relevant facts and applied the appropriate appraisal processes to the subject property. It is the considered opinion of this appraiser that the Market Value of the subject property as of the effective date of March 1, 2023, is: NINETY-NINE THOUSAND DOLLARS ($99,000) Respectfully Submitted, duim���w� �4C'rRT'I�F1'�pj'V\4�i �'4��uninR�\mve Mark E. Risk, GAA State Certified General Appraiser #0202 WE Page 784 of 1140 Section V-Addendum Page 785 of 1140 Zoning/ Ordinances Fayetteville, AR Code of Ordinances 161.27 - Main Street/Center Page 1 of 4 (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations about:blank 2/15/2018 41 Page 786 of 1140 Fayetteville, AR Code of Ordinances Page 2 of 4 Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies about:blank 2/15/2018 9% Page 787 of 1140 Fayetteville, AR Code of Ordinances (C) Density. None. (D) BulkandArea Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) SetbackReeUlations. Page 3 of 4 Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* about:blank 2/15/2018 43 Page 788 of 1140 Fayetteville, AR Code of Ordinances Page 4 of 4 * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18- 14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § l (Exh. A), 10-6-15; Ord. No. 5921 . §1, 11-1-16; Ord. No. 5945 . §§ 5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) about:blank 2/15/2018 Page 789 of 1140 Appraiser o q( 'cations Mark E. Risk, GAA Real Property Broker & Appraiser PRESIDENT TREC, INC. dba The Real Estate Consultants 2592 N. Gregg Ave. Suite #1 / P. O. Box 747 Fayetteville, Ar. 72703 (479)442-0762 STATE State of Arkansas — #CG-0202 CERTIFIED GENERAL APPRAISER LICENSED REAL State of Arkansas- Principal Broker #00005933 ESTATE BROKER ADJUNCT POSITION University of Arkansas — Adjunct Instructor — Real Estate (1980-2020) EDUCATION University of Arkansas, MBA 1979 University of Arkansas, BSBA 1977 Major: Real Estate and Finance American Institute of Appraisers Real Estate Appraisal Principles Basic Valuation Procedures Standards of Professional Practice Capitalization Theory and Techniques (U of A) Marshall & Swift Building Cost Seminar Easement Valuation -- International Right of Way Assoc. GRI Course 306 -- Arkansas Realtors Association NAIFA Courses -- Standards of Professional Practice -- Reviewing the URAR Form -- The New URAR Report -- NAIFA, PROFESSIONAL National Association of Realtors (NAR) -- Appraisal Section MEMBERSHIPS Arkansas Realtor's Association Metro Area Board of Realtors PROFESSIONAL General Accredited Appraiser (GAA) - National Association of Realtors DESIGNATIONS STATE BOARDS Appointed to the Appraiser's Licensing and Certification Board by Governor Bill Clinton in January 1992. Reappointed by Governor Jim Guy Tucker in 1994. Term Expired in January of 1997. 45 Page 790 of 1140 Mark E. Risk Page 2 BOARD OF Served on Board of Directors of the UARK Federal Credit Union DIRECTORS NATIONAL National Association of Realtors Appraisal Section COMMITTEES Subcommittee 1995-1998 Chair - 1998 Appraisal Forum 1995 Appraisal Committee 1997-98; 2000-2006 Real Estate Consultants 1981-present Actively appraising real estate in Northwest Arkansas since 1979. Associated with Jim Sullivan (Sullivan Agency), 1979 to 1989. Associated with Tom Reed (Reed & Associates), 1981 to 1985. Employed by Keith S. Schultz (Associated Appraisers) 1980-81. TEACHING Real Estate Instructor at the University of Arkansas (1981 to date) Courses taught include: Real Estate Principles, Real Estate Finance & Investments, and Real Estate Appraisal Continuing Education Seminars: Basic Steps to Residential Appraisal, Environmental Concerns, Property Management PUBLICATIONS "Recreational Land Values and Trends in Northwest Arkansas", Arkansas Business and Economic Review, Vol. 16, No. 1, 1983; Picked up for reprint by the International Association of Assessors CLIENTS SERVED *LENDING 66 Federal Credit Union INSTITUTIONS American Airlines Credit Union Arkansas National Bank Bank of Fayetteville Arvest Bank UARK Federal Credit Union Bank of Arkansas Bank of Salem Bank of Eureka Springs Bank of Oklahoma Chambers Bank First Security Bank of NW Arkansas Community First Bank First State Bank Great Southern Bank First Federal Bank First Financial Bank 46 Page 791 of 1140 Mark E. Risk Page 3 *LENDING Metropolitan National Bank INSTITUTIONS Simmons First Bank (Cont'd.) Signature Bank Liberty Bank of Arkansas Legacy National Bank Bank of Fayetteville Regions Bank -Dallas Telco Credit Union Bank of America First National Bank of St. Louis Bank of Jackson Hole *MORTGAGE Ameriquest Mortgage COMPANIES Arvest Mortgage Company Broyles Mortgage Company Federal National Mortgage Association (FANNIE MAE) James River Mortgage Company Lomas & Nettleton Norwest Mortgage PHH Home Mortgage Pulaski Mortgage Company Southern Mortgage U.S. Mortgage Lending Tree Ditech.com DEVELOPERS Dream Structures Copher Quality Homes Larry Carter Development Corporation Castle Development East Avenue Development, LLC Dr. J. B. Hays Houses, Inc. C & K Construction Riggins Construction RELOCATION Corporate Relocation COMPANIES Sirva Relocation Cendant Mobility Coldwell Banker Relocation Commonwealth Relocation Services Equitable Relocation Mgmt. Corporation Executive Relocation Forward Mobility Home Equity Corporation Prudential Relocation Management Re/Max Relocation Relocation Funding Corporation Relocation Resources Weichert Relocation 47 Page 792 of 1140 Mark E. Risk Page 4 MISCELLANEOUS Anheuser Busch Ball Corporation Bell International Busch Skil Company Cargill Corporation Cannon Express Cummulus Broadcasting Central United Methodist Church City Of Eureka Springs City Of Fayetteville City Of Springdale City Of Rogers City Of Johnson City Of Bentonville Arkansas Department of Parks & Recreation Arkansas State Highway & Transportation Department Nature Conservancy SWEPCO Bentonville Airport Commission Colgate Palmolive CTS Corporation Deere Credit Services Federal Deposit Insurance Corp. (FDIC) Fulbright Enterprises Gates Rubber Company General Motors Gerald Carr (Retired Astronaut) Kraft, Inc. Love Box Company MGIC Michelin Tire Company Ozarks Electric Cooperative Phizer, Inc. Procter & Gamble Record Data, Inc. Resolution Trust Corporation Roadway Express Salvation Army Sioux Transportation Tyson Foods, Inc. Many Other Attorneys, Doctors, And Individuals COURT Benton County Circuit Court TESTIMONY Carroll County Circuit Court U.S. Federal Bankruptcy Court Washington County Circuit Court Crawford County Circuit Court Madison County Circuit Court GEOGRAPHIC Northwest Arkansas AREA SERVED Washington, Benton, Carroll & Madison Counties Page 793 of 1140 The City of Fayetteville- Engineering (Division 125 W. Mountain St. Eayetteville, AP, 72701 As of March 1, 2023 Client: City of Fayetteville Engineering Division 125 W Mountain St Fayetteville, AR 72701 Presented By: The Real Estate Consultants Produced By: Mark E. Risk, GAA State Certified General Appraiser #0202 File #23-0012 © Copyright 2023 by The Xeaf Estate Consultants ACfRights 12esemed Page 794 of 1140 THE REAL ESTATE CONSULTANTS °REALTORS ° APPRAISERS G CONSULTANTS March 15, 2023 Waylon Abernathy, Director of Bond Projects and Facilities City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 2592 N. Gregg Ave. Suite #1 P.O. Box 747 Fayetteville, AR 72702 (479) 442-0762 RE: Appraisal Services City of Fayetteville Tract A, Dickson/West Parking Area Fayetteville, AR 72701 Dear Mr. Abernathy: In compliance with your request and to determine the Market Value of the above captioned property, I hereby certify that I have personally inspected the property and made a survey of matters pertinent to the estimation of its value. The subject property was inspected by the appraiser on March P, 2023. The intended use is for potential sale evaluation of the aforementioned property by the City of Fayetteville. I further certify that I have no interest present or contemplated in the property under appraisement, and that my fee was not contingent upon the value estimate reported. The opinions set forth in this letter are stated as of March 15, 2023. The following narrative appraisal report contains the data gathered in my investigation and shows the method of appraisal in detail. The report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. This report is considered an "Appraisal Report". This appraisal is based upon information gathered by the appraiser from the subject owner, public records, and other reliable sources, and upon an inspection of the subject property and neighborhood. In developing the appraisal approaches used, data was collected from the Real Estate Consultants' office files and courthouse records. The appraiser has applied the Market Data Approach in this appraisal. Based upon my inspection of the subject property and the investigation and analysis carried out in this report, it is my considered opinion that the Market Value of the subject property as of March 1, 2023, and subject to the assumptions and limiting conditions set forth in the body of this report, is as follows: ONE MILLION SEVENTY-FIVE THOUSAND DOLLARS ($1,075,000) Respectfully submitted, 5T�TE eo ? ND. CGD232 Mark A. Risk GAA State Certified General Appraiser # CG0202 Page 795 of 1140 2'a6fe of Contents Section I — Erecutive Summary.............................................................................. 3 SalientFacts & Conclusions....................................................................................................3 SubjectAerial Photo................................................................................................................4 SubjectPictures........................................................................................................................5 AppraisalInspection Comments............................................................................................7 Section II-AppraisalTremises.............................................................................. 8 MarketValue Defined.............................................................................................................8 HypotheticalCondition Defined.............................................................................................8 Extraordinary Assumption Defined.......................................................................................8 PurposeOf the Appraisal........................................................................................................9 Intended Use and User of The Appraisal...............................................................................9 PropertyRights Appraised.....................................................................................................9 SubjectHistory.........................................................................................................................9 SubjectStatus...........................................................................................................................9 Assumptions and Limiting Conditions.................................................................................10 Scopeof the Appraisal...........................................................................................................15 GeneralComments................................................................................................................15 Scope of the Appraisal — Appraisal Methods Used.............................................................16 Section III — Data Presentation..........................................................................17 NeighborhoodDescription....................................................................................................17 PropertyDescription.............................................................................................................18 SubjectProperty Aerial Map................................................................................................19 CityDowntown Zoning Map.................................................................................................19 Subject Site Water and Utility Map.....................................................................................20 Section IV — Su6ject Analysis e� Valuation gpproaches...................................... 22 Highest And Best Use Analysis.............................................................................................22 The Four Tests of Highest & Best Use.................................................................................23 Four Tests of Highest & Best Use Continued......................................................................24 The Market Data Approach .........................2 5 Market Data Approach -- Comparable Land Sales Map...................................................26 Analysis of Comparable Sales and Conclusion of Land Value..........................................33 Comparable Sales Adjustment Grid', continued................................................................36 Correlation, Analysis, and Conclusion.................................................................................37 CertificateofAppraiser........................................................................................ 38 SectionV -Addendum.......................................................................................... 39 ZoningOrdinances.................................................................................................................40 AppraiserQualifications.......................................................................................................44 2 Page 796 of 1140 Section I — Executive Summary► SaCwnt Facts qZ Conclusions 'Property. A part of the SW1/4 of the NE'/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County. Washington (Parcel #(s�- Pt. of Parcel #765-01743-002 Fee Owner City of Fayetteville Subject Location: West Ave., south of Dickson St. - Fayetteville, AR 72701 EstateAppraised: Fee Simple Size. Site — 21,927 Sq Ft. Effective bate. March 1st, 2023 - The Date of Inspection VtiCties. All Municipal Utilities Are Available Zoning: Main Street Center (MSC) Yfiyhest and Best Vse. Assemblage with adjoining property Value Indications: Market Data Approach $1,075,000 Cost Approach NA Income Approach NA Final Estimate ofWarket Value: $1,075,000 Note: This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 797 of 1140 Subject A efid Photo M IM 26T 'j� Mr,; * XaW Hip rta M Page 798 of 1140 Subject T'ictures Proposed Purchase Area Proposed Purchase Area Page 799 of 1140 (PropeLty Identification The property under appraisement is a portion of the City owned parking lot south of Dickson St. off West Ave. in Downtown Fayetteville, Washington County, Arkansas. The property is owned by the City of Fayetteville. Le aC lnescri�tion A part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, being a part of the tracts of land recorded in the Washington County Recorder's Office in Book 1340 at Page 810 and in Book 1351 at Page 302, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 16, Township 16 North, Range 30 West, in the City of Fayetteville, Washington County, Arkansas, thence S87*09' 15"E, along the North line of said Quarter, a distance of 165.65 feet; thence departing said Northline S02*48'48"W a distance of 41.47 feet to the point of intersection of the East Right -of -Way line Arkansas & Missouri Railroad, as now established, and the South Right -of -Way line of Dickson Street, as now established; thence departing said South Right -of -Way line S02*48' 18"W along said East Right -of -Way line, a distance of 45.00 feet; thence continuing along said East Right -of -Way line along a tangent curve to the right having a radius of 980.37 feet, and a Chord that bears S14*47'51"W, an arc length of 368.68 feet for a POINT OF BEGINNING; thence departing said East Right -of -Way line S60*10'51"E, a distance of 27.29 feet; thence N29*53'40"E, a distance of 22.55 feet; thence S60*06'20"E, a distance of 96.03 feet; thence S87*01'52"E, a distance of 87.89 feet; thence S02'48"32'W, a distance of 78.61 feet; thence along a non -tangent curve to the right having a radius of 304.25 feet and a Chord that bears S30*45' 15"W, an arc distance of 31.46 feet to a point in the North Right -of -Way line of Spring Street, as now established; thence N87*06'37"W along said North Right -of -Way line a distance of 4.34 feet; thence departing said North Right -of -Way line NO1*42'57"E a distance of 10.34 feet to a found chiseled "X"; thence N87*09'36"W a distance of 77.69 feet to a found chiseled "X"; thence N28*01' 14"W a distance of 37.11 feet to a found chiseled "X"; thence N69*33'43"W, a distance of 13.10 feet to a found nail; thence N87* 10' 17"W, a distance of 60.59 feet to a found rebar with cap, "Bates 1642"; thence S85*31'41"W, a distance of 25.47 feet to a found rebar with cap, "Bates 1642"; thence S68*44'21"W, a distance 49.88 feet to a found rebar with cap, "Bates 1642" in said East Right -of - Way line of Arkansas & Missouri Railroad; thence N26*06'02"E along said East Right -of -Way line a distance of 99.09 feet; thence continuing along said East Right -of -Way line, along a tangent curve to the left having a radius of 980.37 feet and a Chord that bears N26*29' 16"E, an arc distance of 31.66 feet to the POINT OF BEGINNING, containing 21,927 square feet or 0.503 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. IN Page 800 of 1140 AppraisaI LWection Comments Date. March 1, 2023 Inspection Notes. Mark Risk visually inspected the subject property on the above date. The inspection consisted of a walking tour of the property. The appraiser was accompanied by architect Rob Sharp who was representing a bordering property owner (Brian Reindel) who has a potential interest in the subject land. Owner Contact. Waylon Abernathy representing the City of Fayetteville 7 Page 801 of 1140 Section II - Appraisaffremises Warkgt Vafue Defined The Appraisal Foundation defines market value as follows: "The most probable price that a property should bring in a competitive and open market under all condition's requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." J VotheticafCon&twn Defaned Hypothetical Condition — A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. Uniform Standards of Professional Appraisal Practice EXtraordl'na . Assumption defined Extraordinary Assumption — An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinion or conclusions. Uniform Standards of Professional Appraisal Practice N. Page 802 of 1140 (Pu!pose Of the Appraisal The purpose of this report is to estimate the Market Value of the subject property. Intended'Vse and User of 2reAArassaf The intended use of the appraisal is for potential sale or lease evaluation purposes of the client. The intended user is the client, The City of Fayetteville - Engineering Division. The property is appraised as though owned in fee simple and unencumbered. A fee simple title is the fullest type of private ownership possible, subject to all public limitations including zoning, taxation, and eminent domain; and subject to private limitations, which may exist, such as easements and restrictions of record. Subject 3futory According to Washington County records, the City of Fayetteville has held the subject property since 1989. The most recent ownership change occurred on September 27, 1989, per Deed 1340 page 810 of the Washington County Courthouse Records. In this transaction the property was deeded to the City of Fayetteville from McBride Distributing, Inc. No revenue stamps were placed on the deed. No other arm's length transactions were discovered involving the subject property within the past five years. Sud ect Status The subject property is currently being considered to be sold to a bordering property owner. There is no list price or asking price for the property at the time of the appraisal. M Page 803 of 1140 .Assumptions and Limiting Conditions ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT BY THE CLIENT OR ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE FOLLOWING ASSUMPTIONS AND LIMITING CONDITIONS: Limit of LiaWity The liability of TREC, Inc., The Real Estate Consultants, Mark E. Risk GAA, and associates and employees is limited to the client only and to the fee actually received. Further, there is no accountability, obligation, or liability to any third parry. If this report is placed in the hands of anyone other than the client, the client shall make such parry aware of all limiting conditions and assumptions of the assignments. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type of present in the property - physically, financially, and/or legally. In the case of limited partnerships, client agrees that if any lawsuit brought by a lender, partner, part owner, tenant, or other parry, results in any award or settlements of any type in such suit regardless of outcome, that the client, who is the intended sole recipient of this report, will hold the appraiser completely harmless in any such action. Copies, Tu&katioty 0istH6utioty and Vse of the (port Possession of this report or any copy thereof does not carry with it the right to publication, nor may it be used for any purpose other than its intended use. The signer of this report is a candidate for membership in the National Association of Independent Fee Appraisers, and a member of the National Association of Realtors and its Appraisal Section. The Bylaws and Regulations of these organizations require their members to control the use and distribution of each report signed by such member. Therefore, except as hereinafter provided, only the party for whom this report was prepared may distribute copies of this report, and only in its entirety, to such third parties as may be selected, but not without prior written consent and approval of the signatory of this report. The physical report remains the property of the appraiser for the use of the client. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the National Association of Independent Fee Appraisers, the National Association of Realtors or any designations shall be disseminated to the public through the advertising media, public relations media, news media or any public means of communication without prior written consent and approval of the signer of this report. The authentic copies of this report are sealed with my Seal. Any copy that is not so sealed is unauthorized and may have been altered. ConjUentwlity and7rade Secrets: This appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b) (4). The appraiser may not divulge the material contents of this report, the analytical findings and conclusions, or give a copy of this report to anyone other than the client or his designee as specified in writing - except as may be required by the National Association of Independent Fee Appraisers, the National Association of Realtors, or other organizations as they may request in confidence for ethics enforcement, or by a 10 Page 804 of 1140 court of law of body with the power of subpoena. This appraisal is to be used only in its entirety and no part is to be used without the whole report. No change of any item in the report shall be made by anyone other than the appraiser, and the appraiser shall have no responsibility if any such unauthorized change is made. The client shall notify the appraiser signing the report of any request to reproduce this appraisal in whole or part. Testimony, Consultation, and Completion ofAppraisalSem wes The contract for appraisal, consultation, or analytical services is fulfilled and the total fee payable upon completion of this report. The appraiser or those assisting in preparation of this report will not be asked or required to give testimony or be subpoenaed in court of any public or private hearing because of having made this appraisal, in full or in part, nor engage in post appraisal consultation with the client or third parties except under separate and special arrangement and at additional fee. A MINIMUM TWENTY DAY NOTICE MUST BE GIVEN BEFORE COURT APPEARANCE FOR PURPOSES OF REVIEW AND STUDY. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges regardless of the issuing parry. Information Vsed No responsibility is assumed for the accuracy of information as to description (legal, physical, etc.) of the premises, restrictions, improvements, and income features of the property furnished by others, the client, his designee, or public records. All information furnished by others is assumed to be true, correct, and reliable and a reasonable effort has been made to verify such information. An impractical amount of time and money would be necessary to furnish unimpeachable verification in all instances. It is suggested that the client consider independent verification if so desired before making a significant commitment regarding the subject property. No responsibility for the accuracy of data and information obtained or the work of possible subcontractors is assumed by the appraiser. Purchasing (Power, Value Change, anddJMarkft Influences The estimated market value and the costs used relate only to the effective date of the appraisal. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. Market value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering and subject to economic changes in the marketplace over time. In appraisals involving the capitalization of future income benefits, the estimate of market value reflects the appraiser's interpretation of income, yields, and other factors derived from general and specific market information. Such estimates are as of the date of appraisal and subject to dynamic changes in the financial markets that may occur. LegaCty of Vse and 2ZeCatedStudies This report is based on the premise that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless non-compliance is stated, defined, and considered in the report. It is assumed that all applicable zoning, building codes, and use regulations and restrictions of all types have been complied with, unless nonconformity has been stated, defined, and considered in the appraisal report. It is assumed that all required licenses, consents, permits, or other legislative or administrative authority from any local, state, or federal government and/or private entity or organization have been or can be obtained or renewed for any use on which the value estimate in this report is based. 11 Page 805 of 1140 No environmental or impact studies, special market study of analysis, highest and best use analysis study, or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise, or rescind any of the statements, findings, opinions, values, estimates, or conclusions based upon any subsequent study or analysis, or any previous study or analysis pertinent to the assignment that becomes known to him after the report is finished. Gegafand FinandafAssumptim No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. The property is appraised in gross as free and clear of all mortgages, liens, encumbrances, leases, and servitudes unless so specified within the report. If this appraisal is used for mortgage loan purposes, it should be noted that specific loan ratios, term amortization, and equity requirements have not been suggested. This appraisal report and value estimate is subject to change if the physical or legal entity or financing is different than that envisioned in this report. ArcfiiitecturaC StructuraC WecfianicaC and EngineeringAssumptions No responsibility is assumed for matters of survey, architectural, structural, mechanical, or engineering nature. The legal description used in this report is assumed to be correct as furnished by the client, his designee, or as derived by the appraiser. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment to trespass unless noted within this report. The appraiser has inspected, as far as possible, by observation the land and the improvements thereon. However, it was not possible to personally observe conditions beneath the soil, hidden structural components, or any mechanical components within the improvements and no representations are made as to these matters unless specifically stated and considered in this report. This appraisal is based on there being no hidden, unapparent or apparent conditions of the property site, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or engineering needed to discover such factors. The appraiser does not warrant against the occurrence of problems arising from the soil conditions. All mechanical components are assumed to be in operable condition and states standard for properties of the subject's type. Conditions of heating, cooling, ventilating, electrical, and plumbing equipment is considered to be commensurate with the conditions of the balance of the improvements unless otherwise stated. No judgment is made as to the adequacy of insulation or energy efficiency of the improvements or equipment. The lender, owner, or buyer should inspect the property before purchase or any disbursement of funds. Any of those parties may wish to require mechanical or structural inspection by a qualified and licensed contractor, civil or structural engineer, architect, or another expert. The appraiser has not been requested to make an investigation of the possible existence of any potentially hazardous insulation or material used in the construction or maintenance of the building, or the possible existence of toxic waste which may or may not have been stored on the property or the possible existence of radon gas on the property. 12 Page 806 of 1140 The appraiser represents that he is not qualified to test for the presence or absence of such items and has not considered, and assumes no responsibility for, such products which might render the property more or less valuable. The client is advised to retain an expert in this field if this information is presumed appropriate and necessary. This appraisal has not considered conditions relating to surface or subsurface waters; including, but not limited to water table, flood plain, flood hazard, or rights, if any, claimed nor or in the future in riparian lands and drainage - unless otherwise noted in this report. The appraiser assumes no responsibility for any costs or consequences arising from the need for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. Management of 'Property It is assumed that the property being appraised will be operated under prudent, responsible, and competent ownership and management - being neither inefficient nor super -efficient. Exfii6its The sketches and maps in this report are included only to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. Site plans are not surveys unless shown from a separate surveyor. 13 Page 807 of 1140 Component Vafues The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. Neither the analysis and conclusions herein nor the allocations of value for land and improvements may be used in conjunction with any other appraisal and are invalid if so used. Tersona[Property Furnishings, fixtures, or equipment of the business operation except as specifically indicated and typically considered as a part of the real estate have been disregarded unless otherwise stated. For some property types, business and real estate interests and values are combined. T ed'era[After-ThxAna[ysis Any after-tax income and investment analysis or measures of return on investment are intended only to reflect possible and general market considerations at an assumed value of price paid. The appraiser does not claim expertise in tax matters and advises the client and any other person using this appraisal to seek competent tax advice. The appraiser is in no way to be considered a tax or investment advisor. Hypothetical Condition There are no hypothetical conditions regarding the appraisal of the subject property. Extraordinary Assumptions It is assumed by the appraiser that there are no utility easements or other easements affecting the subject site other than those stated in this report. If this assumption is found to be false, it could alter the appraiser's opinion or conclusions. 14 Page 808 of 1140 Scope of theAppraisaf Introduction "The term scope of the appraisal refers to the extent of the process of collecting, confirming, and reporting data." 1 The appraiser determines a report's scope (extent of data collection & depth of reporting) according to the following primary factors: 1) Satisfaction of standards as set forth by USPAP. 2) Satisfaction of any additional standards/specific requirements as defined by client request &/or organization(s) for which an appraiser has professional membership. 3) Perceived needs of the intended user(s) as related to a report's intended use. The scope of this appraisal encompasses the necessary research and analysis to prepare a report in accordance with its' intended use, the Code of Professional Ethics & Standards of Professional practice of the National Association of Realtors, and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The appraiser has determined an "appraisal report" conforming to USPAP Standard 2-2(b) would satisfy the needs of the intended user(s). A Summary report offers basic statements of fact &/or brief summary comments when describing data, reasoning, and analysis used in the appraisal process to develop an opinion of value. As such, some documentation supporting the data, reasoning, and analysis was kept in the appraiser's files. Generafcomments Basic information pertaining to this assignment is based upon information gathered by the appraiser from inspection of the subject property and neighborhood, public records, and other identified sources. Data believed to be unreliable was not included in this report nor used as a basis for the value conclusion. Region, county, city, and neighborhood data were based on information in the Real Estate Consultants library and files, physical inspection of the immediate neighborhood, and data from the City of Fayetteville and Washington County. The appraiser physically inspected the subject on March 1, 2023, with subject photographs taken at that time. Subject property data was based upon information gathered from physical inspection of the subject property and immediate neighborhood, documentation provided by the City of Fayetteville, public records, and other identified sources. In evaluating the highest and best use for the subject property, an analysis was made of data compiled in the steps noted above. The appraiser's opinion of subject's highest and best use is based on important factors such as physical location, physical characteristics, zoning requirements, and use history/potential. In addition, a study of the downtown land development market in the subject area has been made to help determine the economic feasibility of the subject property. ' Appraisal Institute, The Appraisal of Real Estate-10' Edition, (Chicago: The Appraisal Institute, 1992), p. 575 15 Page 809 of 1140 Scope of the AppraisaC—Appraisa(MethodsVsed 9Ka*t Data (Safes Companson)Approach -- Underlying land value is based upon analysis of available market data for land comparables, either vacant or with improvements extracted, in the central downtown area. Comparables were gathered from the appraiser's files, Realtors ® multi -list service, courthouse records, and interviews with knowledgeable market participants. The most important individual examples are discussed in digest format, and then reconciled on a price per square foot basis to the subject after discussion. Applied appreciation over time, if any, is based on accumulated data in the appraiser's files and the appraiser's knowledge of the local market. IncomeApproach — The income approach was not developed under the scope of this appraisal assignment. At the time of the appraisal the subject property was not being rented or lease. Portions of the subject are currently being used for parking which was not considered in this report. Cost Approach -- The cost approach was not developed under the scope of this appraisal assignment due to the lack of marketable improvements on the site. Existing parking lot, etc. are planned to be removed and are not included in this appraisal report. 16 Page 810 of 1140 Section III — Data 1tesentation ffn h6orhood Descriptzon For appraisal purposes, a neighborhood is considered to be a portion of a larger community in which there is a homogeneous grouping of inhabitants, buildings, or business enterprises. Neighborhood inhabitants usually have a more casual community of interest and similarity of economic level and cultural background. Neighborhood boundaries may consist of well-defined natural or man-made barriers, or they may be more or less well defined by a distinct change in land use, or in the character of the inhabitants. The immediate area is commonly known as Fayetteville's Dickson Street Entertainment District, with neighborhood boundaries defined as such: N- Maple, S- Center St., E- College Ave., and W- U of A Campus. The central downtown encompasses the City's financial and entertainment centers and continues to undergo revitalization as it adapts to current market demands and trends. The neighborhood is viewed by the market as one of the most desirable for commercial use, especially within the entertainment niche, both within the city and throughout the NW Arkansas region. College Avenue (Highway 71B) is the most important N-S open -access business route in the region. Close proximity to the University of Arkansas. 17 Page 811 of 1140 '`rope o , cri�tion Site Based upon the survey provided by the client, the subject consists of an irregular shaped area of approximately 21,927 sq.ft.. There is one irregularly shaped parcel with a level to gentle slope down from West Ave to the west. The site is mostly cleared but there are several trees on the land. The parcels have been part of the public parking lot at West and Dickson Streets. The tract offers no actual street frontage. Access to the site is via the city parking lot and the property to the south of the subject. (See attached survey). West Ave. has two lanes and is paved with asphalt. However, it does not appear from documents provided to the appraiser that the subject has frontage or legal access to West Ave. The land appears to lie outside any FEMA identified flood zone area. The site has access to all municipal utilities. There appears to be a 12" sewer line to the south of the site and a 6" water line just south of the subject. It is assumed these lines would be accessible to the subject property. No other adverse easements, encroachments, or other conditions were noted upon inspection. Per the City's Downtown Master Plan zoning code, zoning is Main Street/Center. This is a broad classification, primarily designed to allow high -density development. See zoning information in the addendum to this report. Improvements There are no permanent improvements included in this appraisal. Existing improvements are planned to be removed. Enyironmentaf.Anaf� My routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions that would affect the subject property negatively. The value estimated in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. However, the appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. It is unlikely but possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental -environmental conditions on or around the property that would negatively affect its value. Page 812 of 1140 Su6'ec� t PropertyAeriafWap V Source: City of Fayetteville GIS Mapping System City Downtown Zoning flap LO 19 Page 813 of 1140 Subject Site Water and V tility Mai N �� 4G L St1 �` ^ T �..030 420 412 4 a 'PV C a i n = — f 603 519 ,� 609 605 ' :n 601 u > N Walton a 555 a Arts The wrn_ Q Center Dickson ,c a9s J. ' Unk. aD ., 6 ^ e�PVC Q !38.4'�23 DIP . Q •r �. , 251 C' ?n > a SUBIEcr - Park 112 Q`1 co 220 p �4 > S Deg j 6'' PVC, . 406 8� PVCfc! PVC a 41 0 Q > Metro • f a» = > 403 a Distnct �� 6"•DIP ] Source: City of Fayetteville GIS Mapping System 20 Page 814 of 1140 Subject SiteArea 21 Page 815 of 1140 Section IV —Sub sect AnaCysis c valuation A�roacfws MkhiestAndBest VseAnaC The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability." The following tests must be met in estimating the highest and best use of the subject: 1. It must be physically possible based on subject site characteristics. 2. It must be a legal use under current or likely zoning regulations. 3. It must be probable and not based upon conjecture or speculation. 4. There must be a profitable demand for such use and it must return to the land the highest net return for the longest period of time. I applied these tests to the subject. The Highest and Best use of a property is based on current trends and necessities in its neighborhood with respect to overall supply and demand factors and required rates of return for specific investment types. An appraiser's interpretation of highest and best use is essentially an economic study of market forces as they affect a specific property. Appraisal theory and USPAP generally require development of two Highest and Best use opinions - `as though vacant' and `as improved'. `As though vacant' is essential to determining underlying land value and intimately connected to the Cost Approach. The `as improved' conclusion considers potential economic contribution (if any) of existing improvements and assists in determining how a prudent investor would utilize such improvements (renovation, expansion, demolition, et cetera). `The Appraisal of Real Estate- IOth Addition' (Appraisal Institute, Chicago, 1992) offers this statement: "The use that maximizes an investment property's value, consistent with the long-term rate of return and associated risk, is its highest and best use as improved." Any determination of highest and best use includes identifying the motivations of probable purchasers. The benefits of an investment property like the subject relates to net income potential and eventual resale or refinancing. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. This use must meet the four criteria previously mentioned. The subject property is currently unimproved without any significant structure. Hence, the Highest and Best Use as though vacant is applicable only to the subject site. `As though vacant'- It is my opinion the land's highest and best use as though vacant is for plottage with adjoining property. A summary discussion on the four tests of highest and best use is offered on the following pages. 22 Page 816 of 1140 The Four Tests o f ffighest q� Best Ilse generafcomments The subject land is well located in central Fayetteville entertainment district, with the immediate neighborhood established for commercial and residential uses. Its' current zoning allows for very dense development. The subject's shape and size are likely too small to construct a significant structure. Physicalry Possi6fe: Basic factors affecting the potential for physically constructing improvements on a specific site include tract size, shape, topography, and soils. Further utility depends on utilities availability, roadway frontage, and tract depth in relation to width. Irregularly shaped parcels may cost more to develop and usually have less overall utility than a rectangular parcel. The sites terrain has a slight gentle slope to it which would facilitate construction. The site offers an inadequate size to comply with current design standards for most commercial buildings. Residential use of the site is considered doubtful due to the proximity to the railroad tracks and bars and restaurants, although, there is demand for housing in the neighborhood. I am unaware of any adverse soil conditions that might hinder full use of the lot. Considering these factors, prospective developers would not likely purchase this site for development. However, there is possibility a small- scale project could be constructed on the property. Legalry Permissi6fe: Land use options are further restricted by legal considerations, primarily determined by civil authorities, but also possible via private contract. The most obvious example is zoning. Other important factors include building codes and environmental regulations. Private, non -governmental examples include deed restrictions, subdivision covenants, easements, and long-term land leases. These legal factors limit current use &/or development options in the absence of `grand fathering', allowed `non -conforming use', or other usually rare privileges. The subject lies within Fayetteville city limits and zoned Main Street/Center. This zoning designation is planned for high -density use. Many options are therefore available according to the legality test, including development into commercial and residential uses. After discussions with the City's planning office, it was determined that a small building could be constructed on the site under the Main Street/Center zoning classifications. It would be difficult but not impossible to place a building on the site under current zoning requirements for setbacks. The zoning code requires a setback from the street of 0' to 25' and 5' from the rear. There are also existing utility easements along the east and south boundary that will further decrease the building area of the site. There is also ample street frontage under the subject's zoning classification. Hence, allowing a small area to construct a building. Furthermore, there are not any off-street parking requirements for commercial use of the site. 23 Page 817 of 1140 Four tests o[ffighest e� Best Vse Continued Financially Feasi6Ce: After limiting the array of uses by tests of physical possibility and legal permissibility, the appraiser then judges remaining possibilities according to financial considerations. A potential use is deemed financially feasible if that use promises a positive return on investment, all things considered. Positive return is contingent upon potential net operating income matched with appropriate required rates of return for a particular use. Important factors affecting such a return include operating expenses, debt satisfaction, and capital amortization. In my opinion, the subject's best financial return will be realized by a small commercial building or plottage with adjoining property. MaV=ffy Productive: `The Appraisal of Real Estate Tenth addition' (Appraisal Institute, Chicago) defines this concept as such: "Of the financially feasible uses, the use that produces the highest residual land value consistent with the rate of return warranted by the market for that use is the highest and best use." Among all potential uses remaining after consideration of the first three tests, a single specific use that results in the highest estimated residual land value is then determined. Most often, due to the durability of most real estate related improvements, prospective uses are narrowed according to a long-term scenario. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. Per Tenth addition: "The stream of benefits, or income, produced by the buildings reflects a carefully considered, and usually very specific, land use program. I believe the subject's best use is to combine the subject site with adjoining land to the south. ' Appraisal Institute, The Appraisal of Real Estate-10`h Edition, (Chicago: The Appraisal Institute, 1992), p. 575 24 Page 818 of 1140 The Wa et (pataAMpach The Market Data Approach or Sales Comparison Approach is an attempt to measure the reactions of typical buyers and sellers in the market. In this approach a direct comparison is made between the property being appraised and comparable properties that have either been sold recently, have received bonafide offers from prospective buyers, or are currently offered for sale. The value of the property being appraised is inferred from the selling prices, offers, and asking prices of the comparable properties. To be "comparable" a property need not be identical to the subject. The word "comparable" is used in its ordinary sense meaning something that is capable of being compared with or worthy of comparison. The appraiser assumes that a typical buyer in the market will not pay more for the subject property than it would cost to buy a comparable substitute property. The price a typical buyer is willing to pay is generally the result of an extensive search process in which he is constantly comparing alternative properties. In the meantime, the typical seller is usually trying to obtain the highest possible price for his property based upon his knowledge of the marketplace. In applying the Market Data Approach, the appraiser takes the following steps: 1. Researches the market for available comparable properties in which actual sales, listings, or offerings have occurred. 2. Confirms the prices and bonafide nature of the data and qualifies the terms and motivating forces. 3. Compares the property being appraised with each of the comparable properties, under the general division of location, time, physical characteristics, and other economic factors. 4. Formulates an opinion of the market value of the property being appraised based upon the price of each comparable property. Pursuant to the appraisal of the subject property, I researched courthouse records, reviewed company files, accessed the Realtor's ® multi -list database, and interviewed knowledgeable market participants to locate recent market activity involving properties comparable or similar to the subject. Land sales selected for comparison with the subject property are included on the following pages. 25 Page 819 of 1140 War et Data.Approach -- Compara6Ce GandSares Wad The Real Estate Consultants LOCATION MAP ADDENDUM rile No Borrower Property Address 217 N. West Ave. City Fayetteville County State AR Zip Code 72701 Lender/Client Address --W Douglas St z 2 Z W Davidson St £ Q u ',°d Ita St W Ifa St r m o � W Maple St 2 ZW Ntaple St z W Reagan St o z T Z S < z Ctanp d o 372 W. Dekaon St Fayeaerr4. AR 72701 'b W soles St a Ave 01 Cam p 3 0.10 nibs NE `t ._ 3tt 57. O,ckson St Z W a Son _ o Comp 1 Fsyc^tev.:e. A.R 72701 0 00 miles A• p o E 227 W, D.U.St n Fayenevd'e. AR 72701 Z F 0,22 mats E O V ¢ U W Dickson St Z W Drcksan St W Dickson St Y E [ Sul*, i u a t 217 N West Aue Q c i ¢ _ Fayenevite, AR 72701 C v ^' W Wllltam St ¢ APN. en u . _YS > 2 Z Z Z 2 y Evergreen .0 W Spring st DICKSON E Spring St Q ale o Cemetery i Z STREET Z 3 a Z W Meadow St W Meadow St E Meadow St ireomp 5 Z Q 4Y I . CeMer St. Faysitwae. AR 72701 w 0.18m11ess W Center St - 2 MOUNT SEC W Treadweii St m W Mountain St a' W Putman St 3 G a M IN SOUTH Fsyl v�p AR 72701 205 S. Locus 0.33 mica SE Faye,n_vi�'s AR 72707 v v, t^ a 0 :ri mles SE ' W Snuth St o E SON C—PN c �fle. W 4th St x E Ith St W Prame St 7t,tW Sth St IENNINGs PLUS Irtin Luther King Blvd (taxi W Marten Luther King Blvd E Martin Luther King Sh < W 7th St E 7th Sr Yxa E 4 O 17 W97h St E9rh5 5D0 feet Vom j e2022 Tc Tom. 02023 tAu ,s Co:.o•atlnn, T 0c Slre.trr;, HAD Version 912011 Produced by ClickFORMS Software 800-622-8727 Pace 12 of 16 26 Page 820 of 1140 the Market 0ataAp?roach — Comparable Safes (Data Landsafe #1 .AW. Grantor. The Lumiere Building, LLC Grantee. HMT of Fayetteville, LLC Date ofSafe. 10/26/2018 Property Location: 227 W. Dickson St., Fayetteville, AR LegaflDescription: Part of Lots Numbered (1) and (4) in Block Numbered Four (4) in the Original Town of Fayetteville, Washington County, Arkansas Zoning Category. MSC (Main Street Center) Land'Size: .131 acres or 5,706 sq. ft. Improvements: None of Contributory Value ftmudPrice. $950,000 (Data Source. Washington County Assessor Records- Parcel #765-01685-000, Washington County Circuit Clerk's Deed Book 2018 at Page 32093 Wmarfs Small, rectangular shaped shallow lot with frontage on Dickson St. IndzcatedPrice. $166.48/Square Foot 27 Page 821 of 1140 LandSafe #2 Grantor. Dewayne & Rhonda Bebout Grantee: Nestor Briceno Date ofSale: 05/13/2021 Property Location: 317 W. Rock St., Fayetteville, AR LegafDescrription: A part of Block 38 in the original plat of City of Fayetteville, Washington County, AR Zoning Category: DG (Downtown General) LandSrze: .15 acres or 6,534 sq. ft. Improvements: None of Contributory Value (portedOice: $190,000 Data Source. Washington County Assessor Records- Parcel #765-02055-000, Washington County Circuit Clerk's Deed Book 2021 at Page 18741 ifmarks: Small lot off Rock St. between S. School and S. Locust. '/2 Block east of the new library. Fairly recent sale in downtown Fayetteville. Indicated W�' ic' e: $29.08/Square Foot W. Page 822 of 1140 LandSafe #3 Grantor. City of Fayetteville Grantee: Dickson & West Investments, LLC Date of Sale: 12/20/2021 Property Location: W. Dickson St., Fayetteville, AR Lega(Description: A part of the NW 1/4 of the NE 1/4 of Section 16, Township 16 North Range 30 West, City of Fayetteville, Arkansas Zoning Category: MSC (Main Street Center) LandSize. .20 acres or 8,712 sq. ft. Improvements. None of contributory value W§ported lnizce: $263,000 Data Source: Washington County Assessor Records - Parcel # 765-01745-003, Washington County Circuit Clerk's Deed Book 2022 at Page 450 marks: Irregularly shaped tract with frontage on Dickson St. Just north of the subject. IndicatedOice. $30.19/Square Foot wt Page 823 of 1140 LandSale #4 Grantor. Wooden Properties, LLC Grantee: Yeehawg, Inc. Date of Safe: 06/16/2021 1toperty Location: 372 W. Dickson St., Fayetteville, AR Lega(Description: A part of Lots Numbered Eight (8) and Eleven (11) in Block Six (6) of the County Court Addition to the City of Fayetteville, Washington County, AR Zoning Category: MSC (Main Street Center) LandSize: .17 A or 7,405 sq. ft. Improvements: None of contributory value ftorteditice: $1,200,000 Data Source: Washington County Assessor Records Parcel #765-04374-000, Washington County Circuit Clerk's Deed Book 2021 at Page 23461 Wmarks: This lot is located on the north side of Dickson St. The shape is rectangular, and the topography is level and ideal for construction. Indicated price: $162.05/Square Foot 30 Page 824 of 1140 LandSafe #S Grantor•. Myers Family Properties LLC Grantee: Satsang LLC Date of Safe: 04/28/21 ftoperty Location: 601 W. Center St. Fayetteville, AR LegafDescription: N PT LOT 1 NE SW FURTHER DESCRIBED FROM 2021-16291 AS: Part of Lot One (I) in the County Court Plat of the Northeast Quarter of the Southwest Quarter of Section Sixteen (16) in Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M., Zoning Category. MSC (Main Street Center) Land -Size. .48 Acres or 20,908.8 sq. ft. Improvements. None of contributory value WSported 1T'rice. $450,000 Data Source. Washington County Assessor Records Parcel #765-12944-000 Washington County Circuit Clerk's Deed Book 2021 at Page 16291 9?fmarks. This lot is located one block south of the subject on Center St., it is rectangular in shape. The improvement had burnt down before time of sale and has been razed. Indicated -Price. $21.52/Square Foot 31 Page 825 of 1140 LandSale #6 Ei Grantor. Modus Real LLC Grantee: MSNZ LLC Date of Sale: 05/27/22 1toperty Location: 205 S. Locust Ave. Fayetteville, AR Legahescription: PT BLOCK 38 (84/164) FURTHER DESCRIBED FROM 2014-27268 AS: A part of Block Numbered Thirty -Eight (38) in the Original Town (now City) of Fayetteville, Arkansas Zoning Category. DG (Downtown General) Site Qualities. .29 Acres or 12,633 sq. ft. Improvements. None Imported 0ice. $470,000 Data Source. Washington County Assessor Records Parcel #765-02048-000 Washington County Circuit Clerk's Deed Book 2022 at Page 02579 9?fmarks: This lot is located southeast of the subject, near the Fayetteville Public Library. It is a rectangular shaped parcel. Indiicatedoice: $37.20/Square Foot 32 Page 826 of 1140 Analysis of CoLnpara6fe Safes and Conclusion o f Land Value In my opinion, there are an adequate number of comparables available to render a reliable opinion of the subject's underlying land value according to its' highest and best use. I offer a variety of verified transactions considered representative of recent market activity, while retaining additional examples in my files. Overall, there has been a limited amount of good comparable sales in the Dickson St./Downtown Fayetteville area. However, there has been an adequate amount of data to render an opinion of the market value of the subject. The comparable sales used are summarized as follows: Safe Date Tract Size Land price $/SF Compara6iCty 1 10/26/2018 5,706 SF $950,000 $166.48 Superior 2 05/13/2021 6,534 SF $190,000 $29.08 Inferior 3 12/20/2021 8,712 SF $263,000 $30.19 Similar 4 06/16/2021 7,405 SF $1,200,000 $162.05 Superior 5 04/28/21 20,908 SF $450,000 $21.52 Inferior 6 05/27/22 12,633 SF $470,000 $37.20 Similar All comparable sales are located within close proximity of the subject, with most considered having similar immediate Downtown neighborhood influence. Appreciation over time within the subject's land market niche is still prevalent. But there are fewer top -end prices paid compared to the more speculative time of 2004-2012. However, recent sales are approaching the prices paid in that era. The researched sales indicate an unadjusted price range of $21.52/sq. ft. to $166.48/sq.ft.. This is a wide range in which to comfortably place the subject. Primary differences are attributable to location relative to the Downtown grid, total size, buildability of the tract, date of sale, and overall potential. The upper end of the value range are of good buildable sites, many of which have been developed or are planned for multi -story residential townhomes and commercial uses. The lower end of the range is of tracts off Dickson St. and the downtown square which do not have the appeal of the Dickson St. fronting properties. These tracts are rectangular shaped and sized for smaller residential units. Generally speaking, per square foot values decline as the size of the tract increases. This rule of thumb does not always hold true; though, especially when considering the unique requirements of urbanized areas. Some tracts suffer discounts if they are too small to satisfy zoning ordinances (e.g., parking). In addition, owing to the current trend of condominium/mixed-use projects prevalent downtown, tracts too small for development into multi -story structures do not have nearly the same desirability as the city grows upward. 33 Page 827 of 1140 The appraiser has prepared a sales adjustment grid on the following pages. This grid shows the adjustment process in detail and is used to render a value estimate of the subject property. It is my opinion the subject's land would fall near the mid to lower area of the stated range. Therefore, based upon the above recited sales and analysis thereof, and after adjustments are made for differences in time, size, location, visibility, land qualities, and other economic factors, it is my considered opinion the subject's land value, as of March 1, 2023, is as follows: 21,927± SF @ $49.00/SF = $1,074,423 Say $1,075,000 34 Page 828 of 1140 Com ara6Ce SaCesAdi fitment Grad' City of Fayetteville Sale Area Comparable Land Sale Grid Tract A Fayetteville, AR Appx. 21,927 sq.ft. SUBJECT SALE #1 SALE #2 SALE#3 W. Dickson West Ave. 227 W. Dickson 317 W. Rock St. St. Fayetteville Fayetteville Fayetteville Fayetteville PRICE DATA PURCHASE PRICE NA $ 950,000 $ 190,000 $ 263,000 CONCESSIONS/TERMS Cash to Seller Cash/None Cash/None Cash/None Adjustment PRICE PER Square Foot NA $ 166.49 $ 29.08 $ 30.19 DATE OF SALE NA Oct-18 May-21 Dec-21 Adjustment 433.30 $2.91 $3.02 ADJUSTED PRICE NA $ 133.19 $ 31.99 $ 33.21 LOCATION Dickson St. Superior Inferior Superior Adjustment $ (39.96) $ 3.20 $ - SIZE (sq.ft.) 21,927 5,706 6,534 8,712 Adjustment $ 6.66 $ 1.60 $ (1.66) TOPO/SHAPE Clear/Level Similar Gentle/Rectangular Level/Irregular Adjustment $0.00 $1.60 $0.00 UTILITIES Average Similar Similar Similar Adjustment $ $0.00 $ - IMPROVEMENTS NA None None None Adjustment $ $ $ - ZONING MSC MSC DG MSC Adjustment $ $ $ - FLOOD HAZARD None None None None Adjustment $ $ $ - VISIBILITY/ACCESS Average Superior Similar Superior Adjustment $ (41.62) $ $ - NET ADJUSTMENT $ (74.92) $ 6.40 $ (1.66) INDICATED PRICE $ 58.27 $ 38.38 $ 31.55 Mean $ 48.92 Weighted Average $ 49.00 Say $49.00 Indicated Value $1,074,423 Say $1,075,000 35 Page 829 of 1140 Compara6Ce SalesAd ustment Grid , continued SALE #4 SALE #5 SALE #6 SALE #7 372 W. Dickson St. 601 W. Center St. 205 S. Locust 357 S. West Fayetteville Fayetteville Fayetteville Fayetteville $ 1,200,000 $ 450,000 $ 470,000 $ 235,000 Cash/None Cash/None Cash/None Cash/None $ 162.05 $ 21.52 $ 37.20 $ 44.95 Jun-21 Apr-21 May-22 Feb-23 $0.00 $2.15 $1.86 $0.00 $ 162.05 $ 23.67 $ 39.06 $ 44.95 Superior Inferior Inferior Inferior $ - $ (4.73) $ (7.81) $ (8.99) 7,405 20,909 12,633 5,227 $ (8.10) $ 5.92 $ 9.77 $ 2.25 Level/Rectangular Level/Rectangular Gentle/Rectangular Gentle/Irregular ($8.10) ($1.18) ($1.95) $0.00 Similar Similar Similar Similar None Razed by Buyer None None MSC MSC DG DG None None None None Superior Inferior Similar Inferior $ (48.62) $ 5.38 $ $ 11.24 $ (64.82) $ 5.38 $ (0.00) $ 4.50 $ 97.23 $ 29.05 $ 39.06 $ 49.45 36 Page 830 of 1140 Correlation, Analysis, and Conclusion The Market Data Approach exclusively was used to estimate the value of the subject land. The Cost & Income Approaches were not considered to be applicable under the scope of this appraisal. The Market Data Approach resulted in the following indicated value: The Warket lnataApproach $ 1,075,000 It is the appraiser's opinion that an adequate amount of Market Data was available to obtain a reliable value estimate for the subject land as if vacant. A sufficient amount of sales activity has occurred in the general vicinity of the subject property. The sales analyzed and included in this report are considered reliable and do indicate the prices being paid for commercial/residential land in the Downtown Fayetteville area. Due to the small size of the subject, it was difficult to find truly comparable sales. The appraiser has analyzed recent sales of similar zoned land in the subject area which are suitable for development of multi -story residential/commercial buildings. These are sales are considered superior to the subject property. Furthermore, the appraiser has analyzed sales of land along the railroad right of way which reflect a much lower value than the aforementioned sales. It is the appraiser's opinion that the subject's value should fall somewhere in between the stated value range. The appraiser has assumed that a multi -level commercial or residential building can be built on the subject property. Therefore, based upon the data collected and analyzed within this report and the preceding discussion, it is the considered opinion of this appraiser that the Fair Market Value of the subject property as of March 1, 2023, is as follows. $1,075,000 37 Page 831 of 1140 Certificate ofA aiser I hereby certify, that to the best of my knowledge and belief, that the statements of fact contained in this report are true and correct; that the reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions; that I have no present or prospective interest in the property that is the subject of this report, and I have no interest or bias with respect to the property that is the subject of this report or to the parties involved with this assignment; that my engagement in this assignment was not contingent upon developing or reporting predetermined results; that my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. I hereby certify, that my analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with requirements of the code of Professional Ethics and the Standards of Professional practice of the National Association of Realtors; that the use of this report is subject to the requirements of the National Association of Realtors relating to review by its duly authorized representatives; that all signatories of this report have physically inspected the subject property and are familiar with the comparables stated within. The appraiser further certifies that the analyses, opinions and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice ("USPAP"), except that the Departure Provision of the USPAP does not apply. In the previous sections of this report, the appraiser has analyzed the relevant facts and applied the appropriate appraisal processes to the subject property. It is the considered opinion of this appraiser that the Market Value of the subject property as of the effective date of March 1, 2023, is: ONE MILLION SEVENTY-FIVE THOUSAND DOLLARS ($1,075,000) Respectfully Submitted, duim���w� �4C'rRT'I�F1'�pj'V\4�i �'4��uninR�\mve Mark E. Risk, GAA State Certified General Appraiser #0202 Page 832 of 1140 Section V-Addendum wt Page 833 of 1140 Zoning/ Ordinances Fayetteville, AR Code of Ordinances 161.27 - Main Street/Center Page 1 of 4 (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations about:blank 2/15/2018 Page 834 of 1140 Fayetteville, AR Code of Ordinances Page 2 of 4 Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies about:blank 2/15/2018 FIE Page 835 of 1140 Fayetteville, AR Code of Ordinances (C) Density. None. (D) BulkandArea Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) SetbackReeUlations. Page 3 of 4 Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* about:blank 2/15/2018 42 Page 836 of 1140 Fayetteville, AR Code of Ordinances Page 4 of 4 * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18- 14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § l (Exh. A), 10-6-15; Ord. No. 5921 . §1, 11-1-16; Ord. No. 5945 . §§ 5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) about:blank 2/15/2018 FIN Page 837 of 1140 Appraiser QgOCcations Mark E. Risk, GAA Real Property Broker & Appraiser PRESIDENT TREC, INC. dba The Real Estate Consultants 2592 N. Gregg Ave. Suite #1 / P. O. Box 747 Fayetteville, Ar. 72703 (479)442-0762 STATE State of Arkansas — #CG-0202 CERTIFIED GENERAL APPRAISER LICENSED REAL State of Arkansas- Principal Broker #00005933 ESTATE BROKER ADJUNCT POSITION University of Arkansas — Adjunct Instructor — Real Estate (1980-2020) EDUCATION University of Arkansas, MBA 1979 University of Arkansas, BSBA 1977 Major: Real Estate and Finance American Institute of Appraisers Real Estate Appraisal Principles Basic Valuation Procedures Standards of Professional Practice Capitalization Theory and Techniques (U of A) Marshall & Swift Building Cost Seminar Easement Valuation -- International Right of Way Assoc. GRI Course 306 -- Arkansas Realtors Association NAIFA Courses -- Standards of Professional Practice -- Reviewing the URAR Form -- The New URAR Report -- NAIFA, PROFESSIONAL National Association of Realtors (NAR) -- Appraisal Section MEMBERSHIPS Arkansas Realtor's Association Metro Area Board of Realtors PROFESSIONAL General Accredited Appraiser (GAA) - National Association of Realtors DESIGNATIONS STATE BOARDS Appointed to the Appraiser's Licensing and Certification Board by Governor Bill Clinton in January 1992. Reappointed by Governor Jim Guy Tucker in 1994. Term Expired in January of 1997. E Page 838 of 1140 Mark E. Risk Page 2 BOARD OF Served on Board of Directors of the UARK Federal Credit Union DIRECTORS NATIONAL National Association of Realtors Appraisal Section COMMITTEES Subcommittee 1995-1998 Chair - 1998 Appraisal Forum 1995 Appraisal Committee 1997-98; 2000-2006 Real Estate Consultants 1981-present Actively appraising real estate in Northwest Arkansas since 1979. Associated with Jim Sullivan (Sullivan Agency), 1979 to 1989. Associated with Tom Reed (Reed & Associates), 1981 to 1985. Employed by Keith S. Schultz (Associated Appraisers) 1980-81. TEACHING Real Estate Instructor at the University of Arkansas (1981 to date) Courses taught include: Real Estate Principles, Real Estate Finance & Investments, and Real Estate Appraisal Continuing Education Seminars: Basic Steps to Residential Appraisal, Environmental Concerns, Property Management PUBLICATIONS "Recreational Land Values and Trends in Northwest Arkansas", Arkansas Business and Economic Review, Vol. 16, No. 1, 1983; Picked up for reprint by the International Association of Assessors CLIENTS SERVED *LENDING 66 Federal Credit Union INSTITUTIONS American Airlines Credit Union Arkansas National Bank Bank of Fayetteville Arvest Bank UARK Federal Credit Union Bank of Arkansas Bank of Salem Bank of Eureka Springs Bank of Oklahoma Chambers Bank First Security Bank of NW Arkansas Community First Bank First State Bank Great Southern Bank First Federal Bank First Financial Bank 45 Page 839 of 1140 Mark E. Risk Page 3 *LENDING Metropolitan National Bank INSTITUTIONS Simmons First Bank (Cont'd.) Signature Bank Liberty Bank of Arkansas Legacy National Bank Bank of Fayetteville Regions Bank -Dallas Telco Credit Union Bank of America First National Bank of St. Louis Bank of Jackson Hole *MORTGAGE Ameriquest Mortgage COMPANIES Arvest Mortgage Company Broyles Mortgage Company Federal National Mortgage Association (FANNIE MAE) James River Mortgage Company Lomas & Nettleton Norwest Mortgage PHH Home Mortgage Pulaski Mortgage Company Southern Mortgage U.S. Mortgage Lending Tree Ditech.com DEVELOPERS Dream Structures Copher Quality Homes Larry Carter Development Corporation Castle Development East Avenue Development, LLC Dr. J. B. Hays Houses, Inc. C & K Construction Riggins Construction RELOCATION Corporate Relocation COMPANIES Sirva Relocation Cendant Mobility Coldwell Banker Relocation Commonwealth Relocation Services Equitable Relocation Mgmt. Corporation Executive Relocation Forward Mobility Home Equity Corporation Prudential Relocation Management Re/Max Relocation Relocation Funding Corporation Relocation Resources Weichert Relocation 46 Page 840 of 1140 Mark E. Risk Page 4 MISCELLANEOUS Anheuser Busch Ball Corporation Bell International Busch Skil Company Cargill Corporation Cannon Express Cummulus Broadcasting Central United Methodist Church City Of Eureka Springs City Of Fayetteville City Of Springdale City Of Rogers City Of Johnson City Of Bentonville Arkansas Department of Parks & Recreation Arkansas State Highway & Transportation Department Nature Conservancy SWEPCO Bentonville Airport Commission Colgate Palmolive CTS Corporation Deere Credit Services Federal Deposit Insurance Corp. (FDIC) Fulbright Enterprises Gates Rubber Company General Motors Gerald Carr (Retired Astronaut) Kraft, Inc. Love Box Company MGIC Michelin Tire Company Ozarks Electric Cooperative Phizer, Inc. Procter & Gamble Record Data, Inc. Resolution Trust Corporation Roadway Express Salvation Army Sioux Transportation Tyson Foods, Inc. Many Other Attorneys, Doctors, And Individuals COURT Benton County Circuit Court TESTIMONY Carroll County Circuit Court U.S. Federal Bankruptcy Court Washington County Circuit Court Crawford County Circuit Court Madison County Circuit Court GEOGRAPHIC Northwest Arkansas AREA SERVED Washington, Benton, Carroll & Madison Counties FIV Page 841 of 1140 The City of Fayetteville- Engineering (Division 125 W. Mountain St. Eayetteville, AP, 72701 As of March 1, 2023 Client: City of Fayetteville Engineering Division 125 W Mountain St Fayetteville, AR 72701 Presented By: The Real Estate Consultants Produced By: Mark E. Risk, GAA State Certified General Appraiser #0202 File #23-0010 © Copyright 2023 by The Xeaf Estate Consultants ACfRights 12esemed Page 842 of 1140 THE REAL ESTATE CONSULTANTS 2592 N. Gregg Ave. Suite #1 P.O. Box 747 Fayetteville, AR 72702 °REALTORS ° APPRAISERS ° CONSULTANTS (479) 442-0762 March 29, 2023 Waylon Abernathy, Director of Bond Projects and Facilities City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Appraisal Services City of Fayetteville Proposed Trail Easement for West Avenue Civic Plaza Center Fayetteville, AR 72701 Dear Mr. Abernathy: In compliance with your request and to determine the Market Value of the above captioned property, I hereby certify that I have personally inspected the property and made a survey of matters pertinent to the estimation of its value. The subject property was inspected by the appraiser on March 1", 2023. The intended use is for potential purchase evaluation of the aforementioned property by the City of Fayetteville. I further certify that I have no interest present or contemplated in the property under appraisement, and that my fee was not contingent upon the value estimate reported. The opinions set forth in this letter are stated as of March 29, 2023. The following narrative appraisal report contains the data gathered in my investigation and shows the method of appraisal in detail. The report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. This report is considered an "Appraisal Report". This appraisal is based upon information gathered by the appraiser from the subject owner, public records, and other reliable sources, and upon an inspection of the subject property and neighborhood. In developing the appraisal approaches used, data was collected from the Real Estate Consultants' office files and courthouse records. The appraiser has applied the Market Data Approach in this appraisal. Based upon my inspection of the subject property and the investigation and analysis carried out in this report, it is my considered opinion that the Market Value of the subject property as of March 1, 2023, and subject to the assumptions and limiting conditions set forth in the body of this report, is as follows: TWO HUNDERED TWENTY THOUSAND DOLLARS ($220,000) Respectfully submitted, 1'I' STATE � v C6 G`N-F'u 1 y� rZ..CG^c^52 Mark A. Risk GAA State Certified General Appraiser # CG0202 Page 843 of 1140 ?a6fe of Contents Section I — Executive Summary.............................................................................. 3 Salient Facts & Conclusions....................................................................................................3 SubjectAerial Photo................................................................................................................4 SubjectPictures........................................................................................................................5 LegalDescription.....................................................................................................................6 AppraisalInspection Comments............................................................................................6 Section II-Appraisa(Tremises.............................................................................. 7 MarketValue Defined.............................................................................................................7 Hypothetical Condition Defined.............................................................................................7 Extraordinary Assumption Defined.......................................................................................7 PurposeOf the Appraisal........................................................................................................8 Intended Use and User of The Appraisal...............................................................................8 PropertyRights Appraised.....................................................................................................8 SubjectHistory.........................................................................................................................8 SubjectStatus...........................................................................................................................8 Assumptions and Limiting Conditions ...9 Scopeof the Appraisal...........................................................................................................14 GeneralComments................................................................................................................14 Scope of the Appraisal — Appraisal Methods Used.............................................................15 Section III — Data Presentation..........................................................................16 NeighborhoodDescription....................................................................................................16 PropertyDescription.............................................................................................................17 SubjectProperty Aerial Map................................................................................................18 CityDowntown Zoning Map.................................................................................................18 Subject Site Water and Utility Map.....................................................................................19 Section IV — Subject Anafysis e� Valuation Approaches ...................................... 20 Highest And Best Use Analysis.............................................................................................20 The Four Tests of Highest & Best Use.................................................................................21 Four Tests of Highest & Best Use Continued......................................................................22 TheMarket Data Approach..................................................................................................23 Market Data Approach -- Comparable Land Sales Map...................................................24 LandSale #2...........................................................................................................................26 Analysis of Comparables and Conclusion of Land Value..................................................31 Comparable Sales Adjustment Grid, Continued................................................................34 Correlation, Analysis, and Conclusion.................................................................................35 CertificateofAppraiser........................................................................................ 36 Sectionv-Addendum.......................................................................................... 37 ZoningOrdinances.................................................................................................................38 AppraiserQualifications.......................................................................................................42 2 Page 844 of 1140 Section I — Executive Summary► Salient Facts qZ Conclusions 'Property. A part of the SW 1/4 of the NE '/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, AR. West Ave. South of Dickson St. County: Washington Parcel #(s� Pt. of Parcel #765-01743-004 Fee Owner. City of Fayetteville Su6ject Location: East of the Frisco Railway, south of Dickson St. - Fayetteville, AR 72701 EstateAppraisecf Fee Simple Size. Site — 5,220 Sq Ft. Effective bate: March lst, 2023 - The Date of Inspection VtiCties. All Municipal Utilities Are Available Zoning: Main Street Center 91fgyhest and -Best vse. Assemblage with adjoining property Vaiue Indications: Market Data Approach $220,000 Cost Approach NA Income Approach NA Final Estimate ofWarket `value: $220,000 Note: This appraisal report has been prepared for the exclusive benefit of the City of Fayetteville. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report without the preparer's written permission does so at their own risk. 3 Page 845 of 1140 Su6 ject.Aerig(Tfiqtq a.uww $17 Al 4 4 TQ9 M Page 846 of 1140 Subject (Pictures Proposed Trail Area Proposed Trail Area Page 847 of 1140 (Property Identification The property under appraisement is a small 5,220 square foot area of parcel # 765-01743-004 south of Dickson St. east of the Frisco Railway, in Downtown Fayetteville, Washington County, Arkansas. The property is owned by Reindl Properties, Inc. .Gega[Descr tion No legal description has been given at this time. Information provided by the City of Fayetteville states a proposed trial easement of approximately 5,220 square feet. There will not be a survey until the Developers plans are finalized. .AppraisaI LWectzon Comments Date: March 1, 2023 Inspection Notes: Mark Risk visually inspected the subject property on the above date. The inspection consisted of a walking tour of the property. The appraiser was accompanied by architect Rob Sharp who was representing property owner (Brian Reindel) who is the current owner of the subject land. Cfient Contact: Waylon Abernathy representing the City of Fayetteville 6 Page 848 of 1140 Section II -.Appraisal Premises Market Vafue Defined The Appraisal Foundation defines market value as follows: "The most probable price that a property should bring in a competitive and open market under all condition's requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." 9)pothetica(Condition I�e�ined Hypothetical Condition — A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. Uniform Standards of Professional Appraisal Practice EongdinaryAssumotion �De�ined Extraordinary Assumption — An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinion or conclusions. Uniform Standards of Professional Appraisal Practice 7 Page 849 of 1140 Purpose Of the Appraisal The purpose of this report is to estimate the Market Value of the subject property. Intended Ise and'Vser of 2heA�ra�,saC The intended use of the appraisal is for a potential purchase evaluation purpose of the client. The intended user is the client, The City of Fayetteville - Engineering Division. 1 /' The property is appraised as though owned in fee simple and unencumbered. A fee simple title is the fullest type of private ownership possible, subject to all public limitations including zoning, taxation, and eminent domain; and subject to private limitations, which may exist, such as easements and restrictions of record. Su6ject JCTstory According to Washington County records, Reindel Properties Inc. has owned the subject property since 2019. The most recent ownership change occurred on March 8th, 2019, per Quit Claim Deed Book 2019 page 6302 of the Washington County Courthouse Records. In this transaction the property was deeded to Reindel Properties, Inc. from Metro District Condominiums Property Owner's Association. No revenue stamps were placed on the deed. It appears that this transaction was between related parties. No other arm's length transactions were discovered involving the subject property within the past five years. Su6ject Status The subject property is currently being considered for purchase by the City of Fayetteville for a proposed trail easement. There is no list price or asking price for the property at the time of the appraisal. N. Page 850 of 1140 Assumptions and Limiting Conditions ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT BY THE CLIENT OR ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE FOLLOWING ASSUMPTIONS AND LIMITING CONDITIONS: Limit of LiaWity The liability of TREC, Inc., The Real Estate Consultants, Mark E. Risk GAA, and associates and employees is limited to the client only and to the fee actually received. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignments. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property - physically, financially, and/or legally. In the case of limited partnerships, client agrees that if any lawsuit brought by a lender, partner, part owner, tenant, or other party, results in any award or settlements of any type in such suit regardless of outcome, that the client, who is the intended sole recipient of this report, will hold the appraiser completely harmless in any such action. Copies, ft6Cuatwn, own6ution, and 21se of the (port Possession of this report or any copy thereof does not carry with it the right to publication, nor may it be used for any purpose other than its intended use. The signer of this report is a candidate for membership in the National Association of Independent Fee Appraisers, and a member of the National Association of Realtors and its Appraisal Section. The Bylaws and Regulations of these organizations require their members to control the use and distribution of each report signed by such member. Therefore, except as hereinafter provided, only the party for whom this report was prepared may distribute copies of this report, and only in its entirety, to such third parties as may be selected, but not without prior written consent and approval of the signatory of this report. The physical report remains the property of the appraiser for the use of the client. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the National Association of Independent Fee Appraisers, the National Association of Realtors or any designations shall be disseminated to the public through the advertising media, public relations media, news media or any public means of communication without prior written consent and approval of the signer of this report. The authentic copies of this report are sealed with my Seal. Any copy that is not so sealed is unauthorized and may have been altered. ConfzdentuaRty and -Trade Secrets: This appraisal consists of trade secrets and commercial or financial information which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b) (4). The appraiser may not divulge the material contents of this report, the analytical findings and conclusions, or give a copy of this report to anyone other than the client or his designee as specified in writing - except as may be required by the National Association of Independent Fee Appraisers, the National Association of Realtors, or other organizations as they may request in confidence for ethics enforcement, or by a 7 Page 851 of 1140 court of law of body with the power of subpoena. This appraisal is to be used only in its entirety and no part is to be used without the whole report. No change of any item in the report shall be made by anyone other than the appraiser, and the appraiser shall have no responsibility if any such unauthorized change is made. The client shall notify the appraiser signing the report of any request to reproduce this appraisal in whole or part. Testimony, Consuftatiw; andCompfetion ofAppratsafSemces The contract for appraisal, consultation, or analytical services is fulfilled and the total fee payable upon completion of this report. The appraiser or those assisting in preparation of this report will not be asked or required to give testimony or be subpoenaed in court of any public or private hearing because of having made this appraisal, in full or in part, nor engage in post appraisal consultation with the client or third parties except under separate and special arrangement and at additional fee. A MINIMUM TWENTY DAY NOTICE MUST BE GIVEN BEFORE COURT APPEARANCE FOR PURPOSES OF REVIEW AND STUDY. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges regardless of the issuing party. Information `ZJsed No responsibility is assumed for the accuracy of information as to description (legal, physical, etc.) of the premises, restrictions, improvements, and income features of the property furnished by others, the client, his designee, or public records. All information furnished by others is assumed to be true, correct, and reliable and a reasonable effort has been made to verify such information. An impractical amount of time and money would be necessary to furnish unimpeachable verification in all instances. It is suggested that the client consider independent verification if so desired before making a significant commitment regarding the subject property. No responsibility for the accuracy of data and information obtained or the work of possible subcontractors is assumed by the appraiser. Purchasing Power, Vafue Change, andWarket Infruences The estimated market value and the costs used relate only to the effective date of the appraisal. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. Market value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering and subject to economic changes in the marketplace over time. In appraisals involving the capitalization of future income benefits, the estimate of market value reflects the appraiser's interpretation of income, yields, and other factors derived from general and specific market information. Such estimates are as of the date of appraisal and subject to dynamic changes in the financial markets that may occur. GegaCty of Vse and RsfatedStudies This report is based on the premise that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless non-compliance is stated, defined, and considered in the report. It is assumed that all applicable zoning, building codes, and use regulations and restrictions of all types have been complied with, unless nonconformity has been stated, defined, and considered in the appraisal report. It is assumed that all required licenses, consents, permits, or other legislative or administrative authority from any local, state, or federal government and/or private 10 Page 852 of 1140 entity or organization have been or can be obtained or renewed for any use on which the value estimate in this report is based. No environmental or impact studies, special market study of analysis, highest and best use analysis study, or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise, or rescind any of the statements, findings, opinions, values, estimates, or conclusions based upon any subsequent study or analysis, or any previous study or analysis pertinent to the assignment that becomes known to him after the report is finished. Legal and- FinanciaCAssumptions No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of title rendered. The title is assumed to be good and merchantable. The property is appraised in gross as free and clear of all mortgages, liens, encumbrances, leases, and servitudes unless so specified within the report. If this appraisal is used for mortgage loan purposes, it should be noted that specific loan ratios, term amortization, and equity requirements have not been suggested. This appraisal report and value estimate is subject to change if the physical or legal entity or financing is different than that envisioned in this report. Arcfiiitectur4 StructuraC WecfianicaC and EngineeringAssumptions No responsibility is assumed for matters of survey, architectural, structural, mechanical, or engineering nature. The legal description used in this report is assumed to be correct as furnished by the client, his designee, or as derived by the appraiser. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment to trespass unless noted within this report. The appraiser has inspected, as far as possible, by observation the land and the improvements thereon. However, it was not possible to personally observe conditions beneath the soil, hidden structural components, or any mechanical components within the improvements and no representations are made as to these matters unless specifically stated and considered in this report. This appraisal is based on there being no hidden, unapparent or apparent conditions of the property site, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for any such conditions or for any expertise or engineering needed to discover such factors. The appraiser does not warrant against the occurrence of problems arising from the soil conditions. All mechanical components are assumed to be in operable condition and states standard for properties of the subject's type. Conditions of heating, cooling, ventilating, electrical, and plumbing equipment is considered to be commensurate with the conditions of the balance of the improvements unless otherwise stated. No judgment is made as to the adequacy of insulation or energy efficiency of the improvements or equipment. The lender, owner, or buyer should inspect the property before purchase or any disbursement of funds. Any of those parties may wish to require mechanical or structural inspection by a qualified and licensed contractor, civil or structural engineer, architect, or another expert. The appraiser has not been requested to make an investigation of the possible existence of any potentially hazardous insulation or material used in the construction or maintenance of the building, 11 Page 853 of 1140 or the possible existence of toxic waste which may or may not have been stored on the property or the possible existence of radon gas on the property. The appraiser represents that he is not qualified to test for the presence or absence of such items and has not considered, and assumes no responsibility for, such products which might render the property more or less valuable. The client is advised to retain an expert in this field if this information is presumed appropriate and necessary. This appraisal has not considered conditions relating to surface or subsurface waters; including, but not limited to water table, flood plain, flood hazard, or rights, if any, claimed nor or in the future in riparian lands and drainage - unless otherwise noted in this report. The appraiser assumes no responsibility for any costs or consequences arising from the need for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. Management of Troperty It is assumed that the property being appraised will be operated under prudent, responsible, and competent ownership and management - being neither inefficient nor super -efficient. D,chi6its The sketches and maps in this report are included only to assist the reader in visualizing the property and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in anything other than actual status as of the date of the photos. Site plans are not surveys unless shown from a separate surveyor. 12 Page 854 of 1140 Component Vafues The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. Neither the analysis and conclusions herein nor the allocations of value for land and improvements may be used in conjunction with any other appraisal and are invalid if so used. ('ersonafftoperty Furnishings, fixtures, or equipment of the business operation except as specifically indicated and typically considered as a part of the real estate have been disregarded unless otherwise stated. For some property types, business and real estate interests and values are combined. T ederafAfter-2'ax,Anafysis Any after-tax income and investment analysis or measures of return on investment are intended only to reflect possible and general market considerations at an assumed value of the price paid. The appraiser does not claim expertise in tax matters and advises the client and any other person using this appraisal to seek competent tax advice. The appraiser is in no way to be considered a tax or investment advisor. Hypothetical Condition There are no hypothetical conditions considered in this appraisal. Extraordinary Assumptions The appraiser assumes that the subject size is 5,220 sq.ft. as provided by the client. If the actual size determined by a survey is different, then it will likely alter the results of this appraisal. It is assumed by the appraiser that there are no utility easements or other easements affecting the subject site other than those stated in this report. If this assumption is found to be false, it could alter the appraiser's opinion or conclusions. 13 Page 855 of 1140 Scope of the Appraisal Introduction "The term scope of the appraisal refers to the extent of the process of collecting, confirming, and reporting data."' The appraiser determines a report's scope (extent of data collection & depth of reporting) according to the following primary factors: 1) Satisfaction of standards as set forth by USPAP. 2) Satisfaction of any additional standards/specific requirements as defined by client request &/or organization(s) for which an appraiser has professional membership. 3) Perceived needs of the intended user(s) as related to a report's intended use. The scope of this appraisal encompasses the necessary research and analysis to prepare a report in accordance with its' intended use, the Code of Professional Ethics & Standards of Professional practice of the National Association of Realtors, and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. The appraiser has determined an "appraisal report" conforming to USPAP Standard 2-2(b) would satisfy the needs of the intended user(s). A Summary report offers basic statements of fact &/or brief summary comments when describing data, reasoning, and analysis used in the appraisal process to develop an opinion of value. As such, some documentation supporting the data, reasoning, and analysis was kept in the appraiser's files. ge afComments Basic information pertaining to this assignment is based upon information gathered by the appraiser from inspection of the subject property and neighborhood, public records, and other identified sources. Data believed to be unreliable was not included in this report nor used as a basis for the value conclusion. Region, county, city, and neighborhood data were based on information in the Real Estate Consultants library and files, physical inspection of the immediate neighborhood, and data from the City of Fayetteville and Washington County. The appraiser physically inspected the subject on March 1, 2023, with subject photographs taken at that time. Subject property data was based upon information gathered from physical inspection of the subject property and immediate neighborhood, documentation provided by the City of Fayetteville, public records, and other identified sources. In evaluating the highest and best use for the subject property, an analysis was made of data compiled in the steps noted above. The appraiser's opinion of subject's highest and best use is based on important factors such as physical location, physical characteristics, zoning requirements, and use history/potential. In addition, a study of the downtown land development market in the subject area has been made to help determine the economic feasibility of the subject property. ' Appraisal Institute, The Appraisal of Real Estate-10`h Edition, (Chicago: The Appraisal Institute, 1992), p. 575 14 Page 856 of 1140 Scope of the Appraisal—Appraisaf Methods Vsed Market Data (Safes Companson)Approack -- Underlying land value is based upon analysis of available market data for land comparables, either vacant or with improvements extracted, in the central downtown area. Comparables were gathered from the appraiser's files, Realtors ® multi -list service, courthouse records, and interviews with knowledgeable market participants. The most important individual examples are discussed in digest format, and then reconciled on a price per square foot basis to the subject after discussion. Applied appreciation over time, if any, is based on accumulated data in the appraiser's files and the appraiser's knowledge of the local market. IncomeApproach -- The income approach was not developed under the scope of this appraisal assignment. At the time of the appraisal the subject property was not rented or leased. Cost Approach -- The cost approach was not developed under the scope of this appraisal assignment due to the lack of marketable improvements on the site. The existing parking lot, etc. are planned to be removed and are not included in this appraisal report. IN Page 857 of 1140 Section III — Data 1tesentation ffa h6orhood pgcri�tzon For appraisal purposes, a neighborhood is considered to be a portion of a larger community in which there is a homogeneous grouping of inhabitants, buildings, or business enterprises. Neighborhood inhabitants usually have a more casual community of interest and similarity of economic level and cultural background. Neighborhood boundaries may consist of well-defined natural or man-made barriers, or they may be more or less well defined by a distinct change in land use, or in the character of the inhabitants. The immediate area is commonly known as Fayetteville's Dickson Street Entertainment District, with neighborhood boundaries defined as such: N- Maple, S- Center St., E- College Ave., and W- U of A Campus. The central downtown encompasses the City's financial and entertainment centers and continues to undergo revitalization as it adapts to current market demands and trends. The neighborhood is viewed by the market as one of the most desirable for commercial use, especially within the entertainment niche, both within the city and throughout the NW Arkansas region. College Avenue (Highway 71B) is the most important N-S open -access business route in the region. Close proximity to the University of Arkansas. 16 Page 858 of 1140 Property D!escri�tZon Site Based upon the information provided by the client, the subject consists of a proposed trail easement totaling 5,220 square feet southwest of the proposed West Avenue Civic Space. No other adverse easements, encroachments, or other conditions were noted upon inspection. All municipal utilities are available. Per the City's Downtown Master Plan zoning code, zoning is Main Street Center. This is a broad classification, primarily designed to allow high -density development. See zoning information in the addendum to this report. Improvements There are no permanent improvements included in this appraisal. Existing improvements are planned to be removed. EnyironmentdJggaC�su My routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions that would affect the subject property negatively. The value estimated in this report is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions. However, the appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. It is unlikely but possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. 17 Page 859 of 1140 4 Subject PropertyAeriaC*g Source: City of Fayetteville GIS Mapping System City Downtown Zoning/ W qp Source: City of Fayetteville GIS Mapping System Page 860 of 1140 Su6ject Site Water and VtiCity JKa� 19 _1 io 609 605 601 u � ' I The a: Dickson nk. 8" Un238.4 k't23 � � PVC r � Q 4 � , "r E BJECT C6 •• A VC .. JL i' o � � Metro 6" QJL \ DIPiY 251 Walton Arts Center' 495 J J20 01 ' ~8'iPVCVC•-4. G' PVC, I ,� 12 PVC,, C 477 - j 40: W' n i P CO a Source: City of Fayetteville GIS Mapping System 19 Page 861 of 1140 Section IV— Su6ject AnaCy-L � VaCuatwn Approaches fthestAndBest Vse AnaC The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. " The following tests must be met in estimating the highest and best use of the subject: 1. It must be physically possible based on subject site characteristics. 2. It must be a legal use under current or likely zoning regulations. 3. It must be probable and not based upon conjecture or speculation. 4. There must be a profitable demand for such use, and it must return to the land the highest net return for the longest period of time. I applied these tests to the subject. The Highest and Best use of a property is based on current trends and necessities in its neighborhood with respect to overall supply and demand factors and required rates of return for specific investment types. An appraiser's interpretation of highest and best use is essentially an economic study of market forces as they affect a specific property. Appraisal theory and USPAP generally require development of two Highest and Best use opinions - `as though vacant' and `as improved'. `As though vacant' is essential to determining underlying land value and intimately connected to the Cost Approach. The `as improved' conclusion considers potential economic contribution (if any) of existing improvements and assists in determining how a prudent investor would utilize such improvements (renovation, expansion, demolition, et cetera). `The Appraisal of Real Estate- 10t' Addition' (Appraisal Institute, Chicago, 1992) offers this statement: "The use that maximizes an investment property's value, consistent with the long-term rate of return and associated risk, is its highest and best use as improved." Any determination of highest and best use includes identifying the motivations of probable purchasers. The benefits of an investment property like the subject relates to net income potential and eventual resale or refinancing. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. This use must meet the four criteria previously mentioned. The subject property is currently unimproved without any significant structure. Hence, the Highest and Best Use as though vacant is applicable only to the subject site. `As though vacant'- It is my opinion the land's highest and best use as though vacant is for plottage with adjoining property. A summary discussion on the four tests of highest and best use is offered on the following pages. 20 Page 862 of 1140 2rie Four Tests offfighest q� Best Vse Generafcomments The subject land is well located in central Fayetteville entertainment district, with the immediate neighborhood established for commercial and residential uses. Its' current zoning allows for very dense development. The subject's shape and size are likely too small to construct a significant structure. Thysicaffy Tossi6fe: Basic factors affecting the potential for physically constructing improvements on a specific site include tract size, shape, topography, and soils. Further utility depends on utilities availability, roadway frontage, and tract depth in relation to width. Irregularly shaped parcels may cost more to develop and usually have less overall utility than a rectangular parcel. The site's terrain has a slight gentle slope to it which would facilitate construction. The site offers an inadequate size to comply with current design standards for most commercial buildings. Residential use of the site is considered doubtful due to the proximity to the railroad tracks and bars and restaurants, although, there is demand for housing in the neighborhood. I am unaware of any adverse soil conditions that might hinder full use of the lot. Considering these factors, prospective developers would not likely purchase this site for development. However, there is a possibility a small- scale project could be constructed on the property. Gegalry Termissi6fe. Land use options are further restricted by legal considerations, primarily determined by civil authorities, but also possible via private contract. The most obvious example is zoning. Other important factors include building codes and environmental regulations. Private, non -governmental examples include deed restrictions, subdivision covenants, easements, and long-term land leases. These legal factors limit current use &/or development options in the absence of `grand fathering', allowed `non -conforming use', or other usually rare privileges. The subject lies within Fayetteville city limits and is zoned Main Street/Center. This zoning designation is planned for high -density use. Many options are therefore available according to the legality test, including development into commercial and residential uses. After discussions with the City's planning office, it was determined that a small building could be constructed on the site under the Main Street/Center zoning classifications. It would be difficult but not impossible to place a building on the site under current zoning requirements for setbacks. The zoning code requires a setback from the street of 0' to 25' and 5' from the rear. There are also existing utility easements along the east and south boundary that will further decrease the building area of the site. There is also ample street frontage under the subject's zoning classification. Hence, allowing a small area to construct a building. Furthermore, there are not any off-street parking requirements for commercial use of the site. 21 Page 863 of 1140 Four tests of ffl&st aZ Bestyse Continued Finandaffy Feasi6fe: After limiting the array of uses by tests of physical possibility and legal permissibility, the appraiser then judges remaining possibilities according to financial considerations. A potential use is deemed financially feasible if that use promises a positive return on investment, all things considered. Positive return is contingent upon potential net operating income matched with appropriate required rates of return for a particular use. Important factors affecting such a return include operating expenses, debt satisfaction, and capital amortization. In my opinion, the subject's best financial return will be realized by a small commercial building or plottage with adjoining property. AxVmalry Productive: `The Appraisal of Real Estate Tenth addition' (Appraisal Institute, Chicago) defines this concept as such: "Of the financially feasible uses, the use that produces the highest residual land value consistent with the rate of return warranted by the market for that use is the highest and best use." Among all potential uses remaining after consideration of the first three tests, a single specific use that results in the highest estimated residual land value is then determined. Most often, due to the durability of most real estate related improvements, prospective uses are narrowed according to a long-term scenario. Thus, the highest and best use will be that use which maximizes the net operating income on a long-term basis. Per Tenth addition: "The stream of benefits, or income, produced by the buildings reflects a carefully considered, and usually very specific, land use program. I believe the subject's best use is to combine the subject site with adjoining land to the west. 22 Page 864 of 1140 The Ma et (DataA pack The Market Data Approach or Sales Comparison Approach is an attempt to measure the reactions of typical buyers and sellers in the market. In this approach a direct comparison is made between the property being appraised and comparable properties that have either been sold recently, have received bonafide offers from prospective buyers, or are currently offered for sale. The value of the property being appraised is inferred from the selling prices, offers, and asking prices of the comparable properties. To be "comparable" a property need not be identical to the subject. The word "comparable" is used in its ordinary sense meaning something that is capable of being compared with or worthy of comparison. The appraiser assumes that a typical buyer in the market will not pay more for the subject property than it would cost to buy a comparable substitute property. The price a typical buyer is willing to pay is generally the result of an extensive search process in which he is constantly comparing alternative properties. In the meantime, the typical seller is usually trying to obtain the highest possible price for his property based upon his knowledge of the marketplace. In applying the Market Data Approach, the appraiser takes the following steps: 1. Researches the market for available comparable properties in which actual sales, listings, or offerings have occurred. 2. Confirms the prices and bonafide nature of the data and qualifies the terms and motivating forces. 3. Compares the property being appraised with each of the comparable properties, under the general division of location, time, physical characteristics, and other economic factors. 4. Formulates an opinion of the market value of the property being appraised based upon the price of each comparable property. Pursuant to the appraisal of the subject property, I researched courthouse records, reviewed company files, accessed the Realtor's ® multi -list database, and interviewed knowledgeable market participants to locate recent market activity involving properties comparable or similar to the subject. Land sales selected for comparison with the subject property are included on the following pages. 23 Page 865 of 1140 Market Data Aproach -- Compara6Ce GandSafes Mai .y 180! A,;.". -., !no, 71; a y SOUTH ROLLS' 4� �{ 2 TOWNSHIP HILL �+ E rown,h,p St Btu 7-1' ELM-ERSTAN-BAKER 621 DLAND oe comp 1030 N Gmw Ave Fayameville, AR - 1 b2 mias N ASSELL VA Medical Spur Center tt2) W WedrnTon Dr ROOT SCHOOL j ttz! (t�l 4 S°mR 2_ _... Q SANG VALLEY Dckp:2 ARK o � tug UNIVERSITY Z HEIGHTS camp6 WASHINGTON -WILLOW v Dickson Se Fayettev4le. AR 0 0711W s N West Awe o APN c' z DICKSON STREET Comp3 C- MOUNT SEQUOYAM SOUTH ! it2 801 W Cancer St 357 S. West Ave Fayetteville. AR Fayecavie. AR u. 0 17 miles S 0 45 alas S of Arlo . Comps 15 S. West Ave JENNINGS PLUS !1804 Fayattav:e i v 020 md" 3 Q � TOWN BRANCH ° ^ JEFfERSON/WALKER o: z 71 p;. Walker ! 16 t W 15th St u7 :) park F 15th St W C&10 SRI-", Rd 0.0 M dig n 2600 feet 500 m 4 C 2023 To Tam. 0202310serosoR Corporation. 40 OoenSaeatNeo 24 Page 866 of 1140 The Market r�ataAproach — Compara6fe Safes Data LandSafe #1 Grantor. Chris and April Copeland Grantee: Katz Family Trust Date of Safe. 2/28/23 Troperty Location: 357 S. West Ave. Fayetteville, AR LegalDescription: PART OF LOT 3 BLOCK 22 & PT VACATED WEST AVE & PT VACATED 30' ALLEY FURTHER DESCRIBED FROM 2023-5262 Zoning Category: DG (Downtown General) LandSize: .12 or 5,227.2 sq. ft. Improvements. None fported0 ce: $235,000 Data Source: Washington County Assessor Records Parcel #765-05530-000 Washington County Circuit Clerk's Deed Book 2023 at Page 05262 W§marks. This lot is located southeast near the subject on West Ave. and is flat and irregular in shape Indicated 1�ic' e: $44.95/Square Foot 25 Page 867 of 1140 LandSafe #2 U ki Grantor City of Fayetteville Grantee: Dickson & West Investments, LLC Date of Sale: 12/20/2021 ftoperty Location: W. Dickson St., Fayetteville, AR Legal Description: A part of the NW 1/4 of the NE 1/4 of Section 16, Township 16 North Range 30 West, City of Fayetteville, Arkansas Zoning Category. MSC (Main Street Center) Land -Size. .20 acres or 8,712 sq. ft. Improvements. None of contributory value Imported 1�'rice: $263,000 Data Source. Washington County Assessor Records - Parcel # 765-01745-003, Washington County Circuit Clerk's Deed Book 2022 at Page 450 9?fmarks: Irregularly shaped tract with frontage on Dickson St. Just north of the subject. Indiicatedoice. $30.19/Square Foot 26 Page 868 of 1140 LandSafe #3 Grantor. Myers Family Properties LLC Grantee: Satsang LLC Date of Safe: 04/28/21 Tro erty Location: 601 W. Center St. Fayetteville, AR Lega[Description: N PT LOT 1 NE SW FURTHER DESCRIBED FROM 2021-16291 AS: Part of Lot One (1) in the County Court Plat of the Northeast Quarter of the Southwest Quarter of Section Sixteen (16) in Township Sixteen (16) North, Range Thirty (30) West of the 5th P.M., Zoning Category: MSC (Main Street Center) LandSize: .48 Acres or 20,908.8 sq. ft. Improvements: None of contributory value (ported 'rice: $450,000 Data Source: Washington County Assessor Records Parcel #765-12944-000 Washington County Circuit Clerk's Deed Book 2021 at Page 16291 marks: This lot is located one block south of the subject on Center St., it is rectangular in shape. The improvement had burnt down before time of sale and has been razed. Indicated l�rtc' e. $21.52/Square Foot 27 Page 869 of 1140 Land Sale #4 Grantor. RLP Developments, LLC Grantee: Russ Plumley Location: 1930 N. Gregg Ave., Fayetteville, AR Date of Safe. 05/10/2018 Legal 1Description: The North 50 feet of Lot 6 in Block 2 in the Revised Plat of Lots 3 to 9 Inclusive in Block 6 Parker's Plat of Valley View Acres, Washington County Zoning Category: RSF-4 (Residential Single Family 4 units) LandSize. .23 Acres or 10,019 sq. ft. Improvements: None (ported P&e: $75,000 Data Source: Washington County Assessors Records Parcel #765-09566-000, Washington County Circuit Clerk's Deed Book 208 at Page 13642 &mars: This tract is located near the intersection of Gregg Ave and W. Poplar near the subject site. Difficult ingress and egress off of N. Gregg Ave. public utilities available. Not in a floodway zoned area. Borders a bike trail. Indicated 1�'ric' e: $7.49/ sq. ft. Page 870 of 1140 LandSafe #S Grantor. Billy Wayne Batson Grantee. Trailside Townhomes, LLC 1toper'ty Location: 15 S. West Ave, Fayetteville, AR Date of Safe: 08/29/17 Lega(Description: A part of Lot 2 of Block 22 in the Original Plat of the Town of Fayetteville, Washington County, AR Zoning Category: MSC (Main Street/Central) Land -Size. .37 acres or 16,224 sq. ft. Improvements. None of Contributory Value ftortedPP&e. $250,000 Data Source. Washington County Records- Parcel #765-01891-000, Deed 2017-26781, and MLS# 1019080 q?-(�marks. Sale of similarly zoned property. Site borders a city trail. Structure on property was razed by buyer. New town homes have been constructed on the site. Indicated 1�'rice: $15.41 /Square Foot WE Page 871 of 1140 Land Sale #6 I I. %1 F I,lif..� I I'I I �qul4l'1N Grantor. Arkansas Missouri Railroad Company Grantee: William & Betty Harrison Location: Dickson St., Fayetteville, AR Date of Safe: 10/ 10/02 Lega[Description: A part of Lot 7 as designated upon the Original Plat of the Town of Fayetteville, Washington County, AR Zoning Category. MSC (Main Street Central) LandSize: .0775 Acres or 3,378 sq. ft. Improvements. None of Contributory Value imported price: $24,000 Data Source. Washington County Records Deed 2002-154073 Remarks: Old sale of similarly zoned property. This was railroad right of way adjacent to George's Majestic Lounge acquired by then owners. It has since been improved with an outdoor patio area. Indicated laic' e: $7.10/ sq. ft. 30 Page 872 of 1140 Anaf 4s of CoLnpara6fes and Confusion of LandVafue In my opinion, there are an adequate number of comparables available to render a reliable opinion of the subject's underlying land value according to its' highest and best use. I offer a variety of verified transactions considered representative of recent market activity, while retaining additional examples in my files. Overall, there has been a limited amount of good comparable sales in the Dickson St./Downtown Fayetteville area. However, there has been an adequate amount of data to render an opinion of the market value of the subject. The comparables used are summarized as follows: Safe Date Tract Size Land nice $/SF Compara6iCty 1 02/28/23 5,227 SF $235,000 $44.95 Inferior 2 12/20/21 8,712 SF $263,000 $30.19 Similar 3 04/28/21 20,908 SF $450,000 $21.52 Inferior 4 05/10/18 10,019 SF $75,000 $7.49 Inferior 5 08/29/17 16,224 SF $250,000 $15.41 Inferior 6 10/10/02 .0775 SF $24,000 $7.10 Similar All comparables are located within close proximity of the subject, with most considered having similar immediate Downtown neighborhood influence. Appreciation over time within the subject's land market niche is still prevalent. But there are fewer top -end prices paid compared to the more speculative time of 2004-2012. However, recent sales are approaching the prices paid in that era. The researched sales indicate an unadjusted price range of $7.10/sq. ft. to $44.95/sq.ft.. This is a wide range in which to comfortably place the subject. Primary differences are attributable to location relative to the Downtown grid, total size, buildability of the tract, date of sale, and overall potential. The upper end of the value range are of good buildable sites, many of which have been developed or are planned for multi -story residential townhomes and commercial uses. The lower end of the range are of tracts off Dickson St. and the downtown square which do not have the appeal of the Dickson St. fronting properties. These tracts are rectangular shaped and sized for smaller residential units. Generally speaking, per square foot values decline as the size of the tract increases. This rule of thumb does not always hold true; though, especially when considering the unique requirements of urbanized areas. Some tracts suffer discounts if they are too small to satisfy zoning ordinances (e.g., parking). In addition, owing to the current trend of condominium/mixed-use projects prevalent downtown, tracts too small for development into multi -story structures do not have nearly the same desirability as the city grows upward. 31 Page 873 of 1140 The appraiser has prepared a sales adjustment grid on the following pages. This grid shows the adjustment process in detail and is used to render a value estimate of the subject property. It is my opinion the subject's land would fall near the mid to lower area of the stated range. Therefore, based upon the above recited sales and analysis thereof, and after adjustments are made for differences in time, size, location, visibility, land qualities, and other economic factors, it is my considered opinion the subject's land value, as of March 1, 2023, is as follows: 5,220± SF @ $42.00/SF = $219,240 Say $220,000 32 Page 874 of 1140 Com ara6Ce Safes Ad City of Fayetteville Trail Easement Area Comparable Land Sale Grid Fayetteville, AR Appx. 5,220 sq.ft. SUBJECT SALE #1 SALE#2 SALE #3 West Ave. 357 S. West W. Dickson St. 601 W. Center St. Fayetteville Fayetteville Fayetteville Fayetteville PRICE DATA PURCHASE PRICE NA $ 235,000 $ 263,000 $ 450,000 CONCESSIONS/TERMS Cash to Seller Cash/None Cash/None Cash/None Adjustment PRICE PER Square Foot NA $ 44.95 $ 30.19 $ 21.52 DATE OF SALE NA Feb-23 Dec-21 Apr-21 Adjustment $0.00 $3.02 $2.15 ADJUSTED PRICE NA $ 44.95 $ 33.21 $ 23.67 LOCATION Dickson St. Inferior Similar Inferior Adjustment $ 4.50 $ - $ 4.73 SIZE (sq.ft.) 5,220 5,227 8,712 20,909 Adjustment $ - $ (3.32) $ 5.92 TOPO/SHAPE Clear/Level Gentle/Irregular Level/Irregular Level/Rectangular Adjustment $0.00 $0.00 ($1.18) UTILITIES Average Similar Similar Similar Adjustment $ $ $ IMPROVEMENTS NA None None Razed by Buyer Adjustment $ $ $ ZONING MSC DG MSC MSC Adjustment $ $ $ FLOOD HAZARD None None None None Adjustment $ $ $ - VISIBILITY/ACCESS Average Similar Superior Inferior Adjustment $ ($7.55) $ 4.30 NET ADJUSTMENT $ 4.50 $ 10.87 $ 13.77 INDICATED PRICE $ 49.45 $ 44.07 $ 37.45 Mean $ 42.09 /sq. ft. Say $42.00 Indicated Value $219,240 Say $220,000 33 Page 875 of 1140 Compara6Ce SafesAdustment Grid, Continued SALE #4 SALE #5 SALE #6 1930 N. Gregg Ave 15 S. West Ave Dickson St Fayetteville Fayetteville Fayetteville $ 75,000 $ 250,000 $24,000 Cash/None Cash/None Cash/None $ 7.49 $ 15.41 $7.10 May-18 Aug-17 Oct-02 $11.23 $7.70 $17.76 $ 18.71 $ 23.11 $24.87 Inferior Inferior Similar $ 9.36 $ 4.62 10,019 16,224 3,378 $ 4.68 $ 5.78 $ 7.46 Level/Rectangular Gentle/Rectangular Gentle/Irregular $0.94 $1.16 Similar Similar Similar None None None RSF-4 MSC MSC $ 14.97 None None None Superior Inferior Similar $ (2.25) $ 4.62 $ 3.55 $ 27.70 $ 16.18 $11.01 $ 46.41 $ 39.29 $35.88 34 Page 876 of 1140 CorreCatim AnaCysis, and ConcCusion The Market Data Approach exclusively was used to estimate the value of the subject land. The Cost & Income Approaches were not considered to be applicable under the scope of this appraisal. The Market Data Approach resulted in the following indicated value: The Market DataApproach $ 220,000 It is the appraiser's opinion that an adequate amount of Market Data was available to obtain a reliable value estimate for the subject land as if vacant. A sufficient amount of sales activity has occurred in the general vicinity of the subject property. The sales analyzed and included in this report are considered reliable and do indicate the prices being paid for commercial/residential land in the Downtown Fayetteville area. Due to the small size of the subject, it was difficult to find truly comparable sales. The appraiser has analyzed recent sales of similar zoned land in the subject area which are suitable for trail development. These are sales that are considered similar to the subject property. Furthermore, the appraiser has analyzed sales of land along the current downtown trail network and railroad right of way which reflect a lower value than the aforementioned sales. It is the appraiser's opinion that the subject's value should fall somewhere in between the stated value range. Therefore, based upon the data collected and analyzed within this report and the preceding discussion, it is the considered opinion of this appraiser that the Fair Market Value of the subject property as of March 1, 2023, is as follows. $ 220,000 35 Page 877 of 1140 Certificate of Araiser I hereby certify, that to the best of my knowledge and belief, that the statements of fact contained in this report are true and correct; that the reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions; that I have no present or prospective interest in the property that is the subject of this report, and I have no interest or bias with respect to the property that is the subject of this report or to the parties involved with this assignment; that my engagement in this assignment was not contingent upon developing or reporting predetermined results; that my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. I hereby certify, that my analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with requirements of the code of Professional Ethics and the Standards of Professional practice of the National Association of Realtors; that the use of this report is subject to the requirements of the National Association of Realtors relating to review by its duly authorized representatives; that all signatories of this report have physically inspected the subject property and are familiar with the comparables stated within. The appraiser further certifies that the analyses, opinions and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice ("USPAP"), except that the Departure Provision of the USPAP does not apply. In the previous sections of this report, the appraiser has analyzed the relevant facts and applied the appropriate appraisal processes to the subject property. It is the considered opinion of this appraiser that the Market Value of the subject property as of the effective date of March 1, 2023, is: TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000) Respectfully Submitted, BinIE ^•�p _Ti' D As ho. CGYD2 r Mark E. Risk, GAA State Certified General Appraiser #0202 36 Page 878 of 1140 Section V - Addendum 37 Page 879 of 1140 Zoning/ Ordinances Fayetteville, AR Code of Ordinances Page 1 of 4 161.27 - Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations about:blank 2/15/2018 Page 880 of 1140 Fayetteville, AR Code of Ordinances Page 2 of 4 Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies about:blank 2/15/2018 wt Page 881 of 1140 Fayetteville, AR Code of Ordinances (C) Density. None. (D) BulkandArea Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (F) Setback Reeulations. Page 3 of 4 Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* about:blank 2/15/2018 Page 882 of 1140 Fayetteville, AR Code of Ordinances Page 4 of 4 * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18- 14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § l (Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 . §§ 5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) about:blank 2/15/2018 Page 883 of 1140 Appraiser u -(i 'cations Mark E. Risk, GAA Real Property Broker & Appraiser PRESIDENT TREC, INC. dba The Real Estate Consultants 2592 N. Gregg Ave. Suite #1 / P. O. Box 747 Fayetteville, Ar. 72703 (479)442-0762 STATE State of Arkansas — #CG-0202 CERTIFIED GENERAL APPRAISER LICENSED REAL State of Arkansas- Principal Broker #00005933 ESTATE BROKER ADJUNCT POSITION University of Arkansas — Adjunct Instructor — Real Estate (1980-2020) EDUCATION University of Arkansas, MBA 1979 University of Arkansas, BSBA 1977 Major: Real Estate and Finance American Institute of Appraisers Real Estate Appraisal Principles Basic Valuation Procedures Standards of Professional Practice Capitalization Theory and Techniques (U of A) Marshall & Swift Building Cost Seminar Easement Valuation -- International Right of Way Assoc. GRI Course 306 -- Arkansas Realtors Association NAIFA Courses -- Standards of Professional Practice -- Reviewing the URAR Form -- The New URAR Report -- NAIFA, PROFESSIONAL National Association of Realtors (NAR) -- Appraisal Section MEMBERSHIPS Arkansas Realtor's Association Metro Area Board of Realtors PROFESSIONAL General Accredited Appraiser (GAA) - National Association of Realtors DESIGNATIONS STATE BOARDS Appointed to the Appraiser's Licensing and Certification Board by Governor Bill Clinton in January 1992. Reappointed by Governor Jim Guy Tucker in 1994. Term Expired in January of 1997. 42 Page 884 of 1140 Mark E. Risk Page 2 BOARD OF Served on Board of Directors of the LARK Federal Credit Union DIRECTORS NATIONAL National Association of Realtors Appraisal Section COMMITTEES Subcommittee 1995-1998 Chair - 1998 Appraisal Forum 1995 Appraisal Committee 1997-98; 2000-2006 Real Estate Consultants 1981-present Actively appraising real estate in Northwest Arkansas since 1979. Associated with Jim Sullivan (Sullivan Agency), 1979 to 1989. Associated with Tom Reed (Reed & Associates), 1981 to 1985. Employed by Keith S. Schultz (Associated Appraisers) 1980-81. TEACHING Real Estate Instructor at the University of Arkansas (1981 to date) Courses taught include: Real Estate Principles, Real Estate Finance & Investments, and Real Estate Appraisal Continuing Education Seminars: Basic Steps to Residential Appraisal, Environmental Concerns, Property Management PUBLICATIONS "Recreational Land Values and Trends in Northwest Arkansas", Arkansas Business and Economic Review, Vol. 16, No. 1, 1983; Picked up for reprint by the International Association of Assessors CLIENTS SERVED *LENDING 66 Federal Credit Union INSTITUTIONS American Airlines Credit Union Arkansas National Bank Bank of Fayetteville Arvest Bank UARK Federal Credit Union Bank of Arkansas Bank of Salem Bank of Eureka Springs Bank of Oklahoma Chambers Bank First Security Bank of NW Arkansas Community First Bank First State Bank Great Southern Bank First Federal Bank First Financial Bank 43 Page 885 of 1140 Mark E. Risk Page 3 *LENDING Metropolitan National Bank INSTITUTIONS Simmons First Bank (Cont'd.) Signature Bank Liberty Bank of Arkansas Legacy National Bank Bank of Fayetteville Regions Bank -Dallas Telco Credit Union Bank of America First National Bank of St. Louis Bank of Jackson Hole *MORTGAGE Ameriquest Mortgage COMPANIES Arvest Mortgage Company Broyles Mortgage Company Federal National Mortgage Association (FANNIE MAE) James River Mortgage Company Lomas & Nettleton Norwest Mortgage PHH Home Mortgage Pulaski Mortgage Company Southern Mortgage U.S. Mortgage Lending Tree Ditech.com DEVELOPERS Dream Structures Copher Quality Homes Larry Carter Development Corporation Castle Development East Avenue Development, LLC Dr. J. B. Hays Houses, Inc. C & K Construction Riggins Construction RELOCATION Corporate Relocation COMPANIES Sirva Relocation Cendant Mobility Coldwell Banker Relocation Commonwealth Relocation Services Equitable Relocation Mgmt. Corporation Executive Relocation Forward Mobility Home Equity Corporation Prudential Relocation Management Re/Max Relocation Relocation Funding Corporation Relocation Resources Weichert Relocation E Page 886 of 1140 Mark E. Risk Page 4 MISCELLANEOUS Anheuser Busch Ball Corporation Bell International Busch Skil Company Cargill Corporation Cannon Express Cummulus Broadcasting Central United Methodist Church City Of Eureka Springs City Of Fayetteville City Of Springdale City Of Rogers City Of Johnson City Of Bentonville Arkansas Department of Parks & Recreation Arkansas State Highway & Transportation Department Nature Conservancy SWEPCO Bentonville Airport Commission Colgate Palmolive CTS Corporation Deere Credit Services Federal Deposit Insurance Corp. (FDIC) Fulbright Enterprises Gates Rubber Company General Motors Gerald Carr (Retired Astronaut) Kraft, Inc. Love Box Company MGIC Michelin Tire Company Ozarks Electric Cooperative Phizer, Inc. Procter & Gamble Record Data, Inc. Resolution Trust Corporation Roadway Express Salvation Army Sioux Transportation Tyson Foods, Inc. Many Other Attorneys, Doctors, And Individuals COURT Benton County Circuit Court TESTIMONY Carroll County Circuit Court U.S. Federal Bankruptcy Court Washington County Circuit Court Crawford County Circuit Court Madison County Circuit Court GEOGRAPHIC Northwest Arkansas AREA SERVED Washington, Benton, Carroll & Madison Counties 45 Page 887 of 1140 Prepared under the supervision o6 Joshua B. Hite, Attomey 3790 N. Bellafont Blvd, Suite 3 Fayetteville, AR 72703 WARRANTY DEED (Limited Liability Company) File # 23-3753 KNOW ALL MEN BY THESE PRESENTS: That Satsang, LLC, an Arkansas limited liability company, hereinafter called Grantor, for and in consideration of the sutra of One and No/ 100 ----- Dollars --- ($1.00) and other good and valuable consideration in hand paid by Reindl Investments, LLC, an Arkansas limited liability company, hereinafter called Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto said Grantee and unto its successors and assigns, forever, the following described land, situated and being in the County of Washington, State of Arkansas, to -wit: A part of Lot 1 of the County Court Plat of the NE 1/4 of the SW 1/4 of Section 16, Township 16 North, Range 30 West of the 5th P.M. in the City of Fayetteville, Washington County, Arkansas, and being more particularly described as follows: Beginning at the Northeast corner of said NE 1/4 of the SW 1/4 of said Section 16, thence South to an iron stake driven in the ground in the Southwest corner of the intersection of West Center Street and South Gregg Street for a point of beginning, thence South 160 feet, thence West to the East line of the St. Louis and San Francisco Railway right of way, thence North along the East line of said railway right of way 120 feet, thence East 65 feet, more or less, to within 9 poles of the East line of said 40 acre tract, thence North 40 feet, thence East to the place of beginning. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. TO HAVE AND TO HOI,D the same unto said Grantee and unto its successors and assigns, forever with all appurtenances thereunto belonging. And the Grantor hereby covenants with said Grantee it will forever warrant and defend the title to the said lands against all claims whatsoever. Signature page to follow Page 888 of 1140 WITNESS our hands and seals as such Grantor this ;2t day of July, 2023. Satsang, LLC By: By: ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON ) On this day before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Stephani Jungmeyer and Shawn Jungmeyer, to me personally known (or satisfactorily proven), who stated that they are the authorized Members of Satsang, LLC, an Arkansas limited liability company, and are duly authorized in their capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that they have so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. In Testimony Whereof, I have hereunto set my hand and official seal this 21 day of July, 2023. Notary Public My Commission Expires: After recording return to: City Title & Closing LLC 3790 N. Bellafont Blvd, Suite 3 Fayetteville, AR 72703 VAYA 7 Od ' ;o-fARY m ;B PUBLIC • o OU N Page 889 of 1140 6021447-0 nIL005 �sr�T STATE OF ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION MISCELLANEOUS TAX SECTION Hc� P.O. BOX 896, LITTLE ROCK, AR 72203-0896 Real Estate Transfer Tax Stamp : Proof of Tax Paid I ,�I File Number: 23-3753 Grantee: REINDL INVESTMENTS LLC Mailing Address: 509 W SPRING ST STE 310 FAYETTEVILLE AR 727015060 Grantor: SATSANG, LLC Mailing Address: 601 W CENTER ST FAYETTEVILLE AR 727015004 Property Purchase Price: Tax Amount: County: Date Issued: Stamp ID: $850,000.00 $2,805.00 WASHINGTON 07/25/2023 1505048576 I certify under penalty of false swearing that documents stamps or a documentary symbol in the legally correct amount has been placed on this instrument �?...t Grantee or Agent Name (printed): e c I" 0 S i n Grantee or Agent Name (signature): 79-935-4177 / Date: Address: City/State/Zip: Page 890 of 1140 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 256-22 File Number: 2022-0919 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building proposals for the southern anchor building on the Civic Plaza; and WHEREAS, Reindl Properties, Inc., which submitted the only proposal, was chosen by the City's selection committee for the project; and WHEREAS, a contractual Letter of Intent providing an initial framework for a final land sale and development agreement has been negotiated by staff and the proposer with terms including purchase of the property based on a fair market appraisal, proposed uses of the building, architectural design features, parking strategies, public art opportunities, and the inclusion of public restrooms and event storage space for the Civic Plaza and Razorback Greenway; and WHEREAS, the Letter of Intent also specifies that the final development agreement will include a termination and buy back clause requiring Reindl Properties to start construction on the new building within 12 months of substantial completion of the Civic Space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 1112122 Page 891 of 1140 Resolution: 256-22 File Number: 2022-0919 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the contractual Letter of Intent with Reindl Properties, Inc., a copy of which is attached to this Resolution, to proceed with the negotiation of a final land sale and development agreement for the construction of a mixed -use building as the southern anchor of the Ramble Civic Plaza. PASSED and APPROVED on 11/1/2022 Page 2 `` 11111111// 1. Attest: ,,.t%K;f,TR�'��.,; • lj� FAYLTTLVILL rrf�• C_ .'Y4 r Kara Paxton, City Clerk Treasurer�5'kAN�P• :,► Printed on 11/2122 Page 892 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0919 Agenda Date: 11/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: B.2 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building proposals for the southern anchor building on the Civic Plaza; and WHEREAS, Reindl Properties, Inc., which submitted the only proposal, was chosen by the City's selection committee for the project; and WHEREAS, a contractual Letter of Intent providing an initial framework for a final land sale and development agreement has been negotiated by staff and the proposer with terms including purchase of the property based on a fair market appraisal, proposed uses of the building, architectural design features, parking strategies, public art opportunities, and the inclusion of public restrooms and event storage space for the Civic Plaza and Razorback Greenway; and WHEREAS, the Letter of Intent also specifies that the final development agreement will include a termination and buy back clause requiring Reindl Properties to start construction on the new building within 12 months of substantial completion of the Civic Space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the contractual Letter of Intent with Reindl Properties, Inc., a copy of which is attached to this Resolution, to proceed with the negotiation of a final land sale and development agreement for the construction of a mixed -use building as the southern anchor of the Ramble Civic Plaza. City of Fayetteville, Arkansas Page 1 Printed on 111212022 Page 893 of 1140 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2022-0919 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/26/2022 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approve a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed -use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? Item Cost $ - Budget Adjustment Attached? Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 894 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond Construction Projects DATE: September 25, 2022 SUBJECT: Resolution authorizing Mayor Jordan to sign a letter of intent with Reindl Properties for the construction of a mixed -use building on the Ramble/Cultural Arts Corridor Civic Plaza RECOMMENDATION: Staff recommends adopting a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed -use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. BACKGROUND: Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a series of public design charettes. The design chosen by participants who engaged in the process consists of a gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within the ground floor. A Request for Proposals (RFP) process solicited competitive development proposals for a public private partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an approximately 14,300 square foot building footprint with a height limit of seven stories and three primary facades. Additionally, the city requested that the building be constructed of high -quality and lasting materials that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District. The RFP, issued in August 2021, was advertised on several platforms, including on the CoStar website which provides market -leading research on commercial real estate properties in nearly all markets and sub -markets. The RFP was downloaded by over 100 interested parties. A non - Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 895 of 1140 mandatory pre -proposal conference held in September, 2021 was attended by over 30 participants. Additional Background: Key to the design and planning of the overall spaces are the public private partnerships that can help activate the space and provide a mixed use, sales tax generating, downtown development project to complement the city's investment in The Ramble. Partners are both private developers and philanthropic support efforts. Initial design for this transformative project was made possible by a 2017 grant from the Walton Family Foundation's Design Excellence Program. Award -winning landscape architects Nelson Byrd Woltz (NBW) were selected to design the corridor with the primary goals of: • Increasing public access and strengthening the surrounding neighborhood, • Leveraging the connected trail network, • Demonstrating a commitment to sustainability, and • Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new ways. There are five primary elements included in plans for the Cultural Arts Corridor bond project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woods, The Razorback Greenway, and a new parking deck one block north of the corner of West Ave. and Dickson Street. In April 2019, citizens of Fayetteville voted to authorize a $31,685,000 bond for construction of the Cultural Arts Corridor Improvements. Arts Corridor improvements to the Fay Jones Woods, the southern portion of the Razorback Regional Greenway, and the southern portion West Ave. began in September 2020 with construction completed in September, 2022. Construction of the new parking deck began in January 2022 with completion planned in early 2023. In June 2021, after a 5-month public renaming process, the City announced The Ramble as the new name for the Cultural Arts Corridor. DISCUSSION: On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high -quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Their team includes: • Brian Reindl — Developer and owner of the adjacent Metro Building along with several other properties in and around downtown Fayetteville. • Rob Sharp — Architect and designer of several Fayetteville projects including: Three Sisters Building, Mill District, The Dickson Building and most recently the Network Building, which was designed to be the first net zero mixed -use building in Fayetteville. • Windsor Aughtry — Hotel developer with over 25 years of experience developing urban hotel projects in the Southeastern US. They are currently working in the Northwest Arkansas market. In addition to assisting with the development project, they will assist in Page 896 of ?140 selecting a management company that will operate the hotel and ensure its active uses are in coordination with the city's active plaza uses. • CR Crawford — General Contractor headquartered in Fayetteville, with experience building multiple urban infill projects. The Selection Committee chose the proposal from Reindl Properties and staff began to negotiate a public private partnership agreement for the construction of the building, resulting in the attached Letter of Intent (LOI) to provide an initial framework for that agreement. Terms in the LOI will guide final development and land sale agreements to be brought back to the City Council at a later date for final approval. The LOI specifies that the final development agreement will have a termination and buy back clause requiring Reindl properties to start construction on the new building within 12 months of the completion of the Civic Space. Also, within four weeks of approval of the LOI, Reindl Properties will take additional community input on the ways in which the proposed building will interact with the plaza and civic space. As indicated in the LOI renderings, the proposed mixed -use building will be substantial and striking. The building's proposed uses will increase the liveliness of the adjacent Civic Plaza and attract visitors to the downtown. Hotel guests will eat, shop and recreate in the area, providing benefit to many existing local businesses. Initial analysis shows that the project would provide approximately $350,000 per year in sales and HMR taxes to the City plus another $85,000 per year in property tax to the City of Fayetteville for the general fund, library and fire and police departments. The construction impact of this $50 million construction project will approximately yield another $175,000 in sales tax revenue. If the Council approves this resolution, it will allow the following steps to occur: • City staff and design consultants with Nelson Byrd Woltz will work with Reindl Properties to finalize the building footprint in relationship to the trail relocation and relative to the final design of the Civic Plaza. • Staff will work with Reindl Properties to secure a third party, independent appraisal for the land values. • Major terms and conditions for a proposed Contract for the final agreement will be provided in a resolution of intent for the City Council. • Council will review and approve the PZD. • Staff will request approval of an Ordinance authorizing the real estate contract which will also include the final development agreement. BUDGET/STAFF IMPACT: As discussed, the value of the land sale to Reindl Properties shall be based on appraised market value. The value of land will be used to offset the cost of construction of public restrooms and Civic Plaza storage space within the ground floor of the mixed use building, thereby eliminating this capital expenditure from the City of Fayetteville's cost to construct the Page 897 of 1140 adjacent Civic Plaza. Any land sale proceeds not applied to these items will be appropriated to the Civic Plaza project. Attachments: Letter of Intent RFP Response from Reindl Properties Final Civic Plaza Schematic Design from 2019 Page 898 of f140 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street. The basic terms of the agreement would be as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. The Building may include other uses as necessary to meet the financial goals of the project. The following Use Units will be allowed, subject to City's approval: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. C. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. D. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. Page 1 of 13 Page 899 of 1140 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor - outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, cafe, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City . 5. Benefit to Local Merchants and Downtown Business Owners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to city's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Page 2 of 13 Page 900 of 1140 Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.OS and 1S6.03C(S) and as are deemed sufficient by City. 7. Loadine and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 9. Land Purchase: A. Reindl will purchase land for the Building from City in the approximate location as reflected on Exhibit G. The exact legal description of the land to be conveyed shall be determined by a survey. B. The purchase price for the land shall be the fair market value for the property as determined by a third -party real estate appraiser to be selected by both parties. C. Costs of the appraisal, surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the property to occur after Reindl obtains a Building Permit from City in accordance with the terms and intent of this Letter of Intent. E. Reindl shall convey property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of Page 3 of 13 Page 901 of 1140 perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use value. F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. B. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms, and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. B. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms and storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City. The cost of these items shall be deducted from the Purchase Price at Closing of the real estate transaction. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. Page 4 of 13 Page 902 of 1140 G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12. Adiacent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. 13. Opportunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July VY 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any Page 5 of 13 Page 903 of 1140 improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for construction or construction estimates for the City Restrooms and storage space. CITY OF FAEVILLE BY: &KeldJordon, y Attest: / r, City of Fayetteville City Clerk Tf eatlare(- REINDL PROPERTIES, INC. By l l, I' `�2 Date i>>�ttl s 1 i i ►������I, LA ;1"AYi TTEVILLL: - ON •Cry, �r'��Il1iEl11L4�1 Brian Reindl, President, Reindl Properties, Inc. Page 6 of 13 29 September 2022 Date M Page 904 of 1140 db aw saw[ II - 'AIR is= win aim �- t.l,r III all �� _ 11 III III ° ° moil ! lip, _ n Mimi 011i■ �Pip MIW1 ;)kf F 7 ----- --- -- '='�i.r•�� �`�.:�`� ��`" ate- _._- =*' a EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL PRE -FINISHED METAL PANEL SYSTEM BRICK CORBELING AT II PAINTED FIBER CEMENT INDUSTRIAL STYLE. DIVIDED LIGHT WINDOWS RED BRICK VENEER \VIEW FROM NORTHEAST S T GREY BRICK VENEE ROOF TERRAC BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE, DIVIDED LIGHT WINDOWS RED BRICK VENEER PAINTED FIBER CEMENT ENAMEL -PAINTED STEEL STRUCTURE VIEW FROM NORTHWEST Page 8 of 13 GREY BRICK VENEER ROOF TERRACE CHARCOAL CO LORED IRON SPOT BRICK VENEER Is Ttl ALUMINUM FRAMED WINDOWS ENAMEL PAINTED STEEL STRUCTURE SIMULATED WOOD SLAT STEEL BAR GRATE C H ARCOAL COLORED IRON SPOT BRICK VENEER A IUMINUM FRAMED WINDOWS STEEL BAR GRATE LPRE-FINISHED METAL PANEL SY STEM SIMULATED WOOD SLAT9000 i0ow - Page 906 of 1140 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CHARCOAL COLORED IRON SPOT BRICK VENEER STEEL BAR GRAT ALUMINUM FRAMED WINDOWS PRE -FINISHED METAL PANEL SYSTEM PRE -FINISHED VIEW FROM SOUTHEAST BRICK CORBELLING AT PARAPET AND BELOW S""NTH STORY WI OW= INDUSTRIAL STYLE DIVIDED LIGHT WINDOWS RED BRICK VENEER PAINTED FIBER CEMENT \ BRICK CORBELLING SIMULATED ATPARAPET AND WOOD SLAT' BELOW SEVENTH STORY WINDOWS ALUMINUM INDUSTRIAL STYLE FRAMED DIVIDED LIGHT WINDOWS WINDOWS RED BRICK CHARCOAL VENEER COLORED IRON SPOT BRICK VENEER SIMULATED PAINTED FIBER WOODS L AT CEMENT PRE -FINISHED METAL PANEL SYSTEM COVERED DROP-OFF Aw VIEW FROM SOUTHWEST Page 9 of 13 Page 907 of 1140 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine � TheatreSquared Baum Grub's Walton Arts Center MW < .*4A t The Dickson L-7 Page 10 of 13 Page 908 of 1140 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE r � � � r KI 111s. f ♦� Page 11 of 13 Page 909 of 1140 w 0 Ln 0 Q O Q &51_s EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES CIVIC SPACE SIDE SPRING STREET SIDE n ie/�ol 1/I6" w 0 V) w D Z w Q H w Page 12 of 13 Page 910 of 1140 EXHIBIT G: EXHIBIT G WILDING LNYLLOPE T9 STAY VCLEAR OF ®GE OP PRCPCRFD CRPENWAY • PROpoTTv SALE PR'pP4$Eo WT _ ......... _............. BPLRSOl1N0ARY ,.� PROPERTY LINE - LIMR OF WORK FOR CMG % "•-,_..._. SpAfE CCNSTRUCTICN .� i � . i PO$SIELE OREENWAY ! ALIGNMENT AND EASEWNT PROPOSED LOT 5PLPT DEVELOPER AGREEMENT JULY 19, 2022 Page 13 of 13 Page 911 of 1140 CITY OF City of Fayetteville, Arkansas _ Purchasing Division —Room 306 F AY E T T E V I L L E 113 W. Mountain A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development DEADLINE: Tuesday, October 26, 2021 before 2:00 PM, local time Pre -Proposal Conference: Thursday, September 16, 2021 at 2:00 PM, local time PURCHASING MANAGER: Jonathan Smith, ionsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, 08/29/2021—Second ad, 09/26/21 REQUEST FOR PROPOSAL RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Official. Name of Firm: Reindl Properties, LLC Contact Person: Brian Reindl Title: President E-Mail: greaterproductions@gmail.com Phone: 479.283.6816 Business Address: 509 W Spring Street, Suite 310 City: Fayetteville State: Arkanas Zip: 72701 Signature: 7554 Date: 10/26/2021 City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 1 of 27 Page 912 of 1140 City of Fayetteville RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Reindl Properties, LLC Primary Contact: Brian Reindl Title of Primary Contact: President Phone#1 (cell preferred): 479.283.6816 Phone#2: N/A E-Mail Address: greaterproductions(aDgmail.com City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 26 of 27 Page 913 of 1140 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 5. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: Reindl Properties, LLC PHYSICAL ADDRESS: 509 W Spring Street, Suite 310, Fayetteville, AR 72701 MAILING ADDRESS: 509 W Spring Street, Suite 310, Fayetteville, AR 72701 PRINTED NAME: Brian Reindl PHONE: 479.283.6816 FAX: N/A E-MAIL: greaterproductions(a�gmail.com SIGNATURE: TITLE: President DATE: 10/26/2021 City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 27 of 27 Page 914 of 1140 REINDL PROPERTIES Response to RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development NNNAW AUGHTRY �C R. TRU0T1RD COURTYARD BUILDING & BLOCKLLC Page 915 of 1140 1 Ilq � 1 II 1I '�1= p 'lu iii 11 Ij q1 1 ii m "' I u i��i P III i ii °II 11 "11 iiil ml ul ��� 111 1111 11 iiiE iiii uu i ml uu 1 1 � ' 1111 iiii 1 II III I 11111 � _ 9f 11 �1 II 1�111 Ills !!I'! roil 'II!' I PROJECT DESCRIPTION: The design of the Civic Plaza provides a site for a significant mixed -use building on the south side of the park. This building not only helps to frame the park, it also encloses and completes the portion of Spring Street north of the historic Metro Building, a goal that the city identified in the 2008 Downtown Master Plan. A building on such a prominent site must be well crafted and serve as an exemplar of good urban design, sustainability, and durable construction. A VIBRANT ANCHOR FOR A GREAT PARK: The proposed building must also serve to activate the new Civic Plaza. Vibrant ground -level businesses that are open to all and are unique, local enterprises would be the ideal. The Razorback Greenway must engage this area in the most intimate and urban manner. The interaction of bicyclists, pedestrians, and merchants is a unique opportunity. ANEW HOTEL FOR A GROWING DOWNTOWN: Downtown Fayetteville has not had a new hotel since the 1970s. This site represents an ideal opportunity for such a venture, being adjacent to Walton Arts Center, TheatreSquared, the Dickson Street Entertainment District, and midway between the Square and the University of Arkansas. Reindl Properties, in consultation with their hotel consultant, has designed a 170-room hotel with associated meeting spaces, hospitality spaces, and ballrooms. The scale and materials of the building have been carefully considered to reflect and enhance the existing character of this area, its industrial past, and its aspirations for the future. The south, east, and north facades of the hotel engage the adjacent public spaces. All service areas are located on the southwest corner abutting the railroad tracks. In addition to being a significant work of architecture in its own right, the proposed hotel will provide multiple opportunities for the display of art in its public spaces. A MODEL OF SUSTAINABILITY AND RESILIENCE: Green space, enhanced building envelope, and durable materials will be used to preserve natural resources and reduce operating costs. Opportunities to provide clean energy with roof -mounted photovoltaic panels will be explored as away to increase the resiliency of our local power supply and to increase the efficiency of the building. The design and construction team recently completed the Network Building, the first mixed -use, net -zero energy building in the state of Arkansas. The unique and very recent experience and insight gained on this building will be applied to the new hotel. REINDL MANAGEMENT WINDSORA UGHTRV c a CRAWFORD COURTYARD BUILDING & BLOCK« / oNsr„ o„ Page 916 of 1140 lt LOCAL FLAVOR IS KEY: Reindl Properties has a two -decade history of providing carefully crafted spaces for local entrepreneurs. At the Metro District Building and along the 100 block of Block Avenue, Reindl has provided addresses for some of Fayetteville's most unique and vibrant local enterprises such as: • Block Street Records, Wade Ogle • C4 Nightclub, Jaime Wilson • Prelude Breakfast Bar, Ben & Jaye Parker • Ozark Escape Fayetteville, Matt & TJ Ross • Crown Beauty Bar, Megan Harris • Rolando's Restaurant, Ernesto & Maria Garcia • American Shaman Vitamins & Supplements, Ranaga Farbiaz & Loudy Bousman • The Cork & Keg, Mo Green • Skye on the Town, Kristi Parrish • Wander Boutique, Cara Godfrey & Kristen Morgan • Block St. Nutrition, Candice Mendoza • Foxtrot Boutique, Allison Crane • Lola Boutique, Paige Arnold & Lynlee Critz • Pinpoint Bar, Bo Counts Together, these local entrepreneurs provide 97 jobs for our community. No other Fayetteville developer can claim to have created spaces for more local downtown businesses than Reindl Properties. Reindl has a unique skill set in this field; such skills are needed to establish local and unique businesses adjacent to our new civic park. t In addition to the architectural and urban design qualities, the City of Fayetteville will enjoy significant financial benefits as follows. Over a 10-year period, the proposed building will provide funding for public institutions as follows: • Fayetteville Public Schools: $4,565,000 • Fayetteville Public Library: $370,000 • Police and Fire $80,000 • City General Fund $230,000 • Roads $88,000 • Total anticipated income to City of Fayetteville and Fayetteville Public Schools: $5,333,000 • Sales Tax and HMR Tax Revenue is projected to be as follows for a 10-year period: $3,460,000 REINDL MANAGEMENT wAlNDSOR UGHTRY / c a CRAWFORD COURTYARD BUILDING & BLOCK« o„gr„ =„o„ Page 917 of 1140 A certain amount of Sales and HMR Tax revenue is simply moving from an existing location to the new location, however, a new, high -quality hotel provides a significant draw for our Advertising and Promotions Commission to use to attract events and tourists. A hotel brings visitors to our Entertainment District and our downtown. Each visitor will spend money in the existing bars, restaurants, and shops in the area. This infusion of new customers will have an immediate and on -going positive impact on existing merchants and the downtown cultural institutions. In addition, it is anticipated that the new hotel and its related activities will create 60 to 70 full time jobs. STRUCTURE OF PROPOSAL: WORKING TOGETHER TO COMPLETE THE VISION Reindl Properties will enter into an Interim Agreement with the City of Fayetteville to develop a mixed -use building on the south edge of the Civic Plaza. The building will be partially located on property that is currently owned by the City of Fayetteville; the remainder of the building will be located on property currently owned by Reindl Properties. The Razorback Greenway will be relocated onto property currently owned by Reindl Properties. Street scape improvements along Spring Street will be constructed north of the existing Metro District Building. Public Restrooms (approximately 1,200 sq. ft.) will be provided within the new Mixed -Use Building. Any property purchased by Reindl Properties will be appraised and purchased at Fair Market Value. Any property granted by Reindl to the City of Fayetteville will be credited toward the purchase price. Cost of the public restrooms will be credited to the purchase price. Ongoing maintenance, janitorial, and supplies for public restrooms will be provided by the City of Fayetteville. Reindl Properties will provide all market studies, appraisals, construction cost estimates, and revenue projections to demonstrate the feasibility of the project. Reindl Properties and the City of Fayetteville with work together to determine construction easements, utility locations, and timing of construction of the Civic Plaza and the mixed -use building. THE RIGHT TEAM TURNS THE VISION INTO REALITY: Reindl Properties has developed a project team that shares their passion for high -quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Windsor Aughtry of Greenville, South Carolina, will provide consulting and development services for the hotel and hospitality portion of the mixed -use building. Design work will be provided by Courtyard Building and Block, led by architect Robert Sharp, who has deep experience in creating some of the region's most significant, transformative, and well -loved buildings. Construction services will be provided by C.R. Crawford Construction. C.R. Crawford has extensive experience serving as general contractor for hotel and mixed -use building projects. The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm's length third -party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficial to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. REINDL MANAGEMENT C.R. CRAwFORo WINDSOR AUGHTRV COURTYARD BUILDING & BLOCK«C Page 918 of 1140 PART I BUSINESS ORGANIZATION REINDL PROPERTIES Developer Brian Reindl Fayetteville, Arkansas Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in Central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District Building in 1999, Brian completely remodeled the 61,000-square-foot building into what it is today, an anchor in what is now known as the "Entertainment District" and the "Cultural Arts Corridor." Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the Downtown Square located at 11-23 N. Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful three-story mansions directly in front of Gate 1 at Donald W. Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree -covered acres. Brian also produced and wrote the movie "Greater" which was released in August of 2016. During principal photography, Greater Productions, LLC, employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Being a member of the business community as well as a member of the arts, Brian understands what this site can be for the community. He intends to engage with Walton Arts Center to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. V"Ww '10 REINDL MANAGEMENT VAAu"� rAR c. R.cw wroRo COURTYARD BUILDING & BLOCK— 1 Page 919 of 1140 VAWINDSOR AUGHTRY HOTEL GROUP Development Consultant Paul C. Aughtry, III Greenville, South Carolina • Twenty Developments Since 1993 For over 25 years Windsor Aughtry has carefully built • Suburban Developments a reputation for excellence through developing and • Urban Infill Projects brokering the spaces businesses want. Beginning • Competitive City RFP'S in 1988 with the merger of Windsor Properties, a prominent residential firm, and The Aughtry Company, •Surface &Structured Parking a leader in commercial real estate, Windsor Aughtry • Historic District Preservation brings a uniquely comprehensive perspective of what • Financing Utilizing Conventional it takes to be successful in real estate. Today, the loans, Tax Exempt Revenue Bonds, New company leads a commercial real estate developer and Markets Tax Credits & TIF Districts brokerage firm in the Southeast. f• f � f • � fl Y � 4 r 1 ■ t a � ■ a i T h WIN 77 411 Y' I� a �9 WIND a �cR.cwawF000 COURTYARD BUILDING & BLOCKLLC 2 REINDL MANAGEMENT _ nuoH`Sr4irr Page 920 of 1140 C.R. CRAWF❑RD C❑ N S T R U❑ T 10 N General Contractor Cody Crawford, Jason Keathley, & Scott Stokenbury Fayetteville, Arkansas Founded in 2006 in Fayetteville, Arkansas, C.R. Crawford Construction has grown to become one of the largest and most trusted general contracting and construction management companies in the state. The company has served as general contractor for some of Arkansas' largest and most significant construction projects and has a history of successfully completing intricate and complex builds. Maintaining high standards is at the heart of C.R. Crawford's success. Here are a few standout points that C.R. Crawford clients say put them above their competitors: • The company's pre -construction services are second to none. There is a tremendous amount of experience, skill, and emphasis in this area. • It is a financially solvent company with a single job bonding capacity of $350,000,000 and aggregate program of $700,000,000. • Developing strong partners and repeat clients is a priority. C.R. Crawford is known for staying client focused and has a reputation for quickly responding to client needs. WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC 3 Page 921 of 1140 Following is a list of C.R. Crawford Construction's relevant public sector experience. Project Name Runway 36 Extension Bentonville Municipal Airport Bentonville Animal Shelter GSACensus Social Security Office Miami SSA Remodel State Revenue Office Kappa Sigma Remodel Siloam Springs Fire Station #2 Bella Vista Library Expansion City of Bentonville Maintenance Building UofA - Central Utility Plant Shop Bentonville Trail head Restrooms UAMS Misc Jobs Centerton Road Work Hwy 59Improvements Beaver Water District - Steele Operations Remodel Barling Elem Nashville Waterline Extension Prairie Grove Schools Nashville High School Addition Nashville Jr. High Renovation Cookson Hills Christian School- Infastructure Wilbur D. Mills Coop Cookson Hills Dining Hall Midland High School Midland Elementary School 'ookson Hills Christian Academy Classroom Building Projec Prescott Schools Fire Alarms Nashville HPER Prairie Grove - Gym, Elem Expansion, Concessions Prescott - Asbestos Abatement Prescott Cafeteria Multipurpose Building Cedar Crest Childrens Academy Flippin School District Safe Room Prescott Agri Building Pea Ridge Admin & City Hall Melboure School District - Elementary Flippin Elementary School Ashdown School District Pea Ridge Agri Building Louise Durham School Renovation Greenland School Renovation Flippin School Cafeteria Remodel Huntsville School Remodel Mountainburg - Safe Room/PE Building Poyen Gym & Classrooms Ashdown Jr High Remodel Ashdown Schools - Elem School Renovation Marvell Gym Remodel Elkins Primary School - Remodel Ashdown Schools - CD Franks Remodel Cross County-Admin/Vestibule Remodel Rogers Middle Schools - Tracks Pea Ridge High School Huntsville Career & Technical Education Building St. Paul Career & Technical Education Building Fayetteville - Washington Elementary Playground Pea Ridge Intermediate School A/C Huntsville School - Gym A/C Elkins Gym HVAC Upgrades Prescott Elementary Industry Construction Type City City/Govt./Higher Ed. Miscellaneous Bentonville City/Gout./Higher Ed. New Construction Bentonville City/Gout./Higher Ed. Tenant Improvement Springdale City/Gout./Higher Ed. Tenant Improvement Fayetteville City/Govt./Higher Ed. Renovation/Expansior. Miami City/Gout./Higher Ed. Tenant Improvement Fayetteville City/Gout./Higher Ed. Renovation/Expansior. Fayetteville City/Gout./Higher Ed. New Construction Siloam Springs City/Gout./Higher Ed. Renovation/Expansior. Bella Vista City/Govt./Higher Ed. New Construction Bentonville City/Govt./Higher Ed. New Construction Fayetteville Miscellaneous New Construction Bentonville Miscellaneous Miscellaneous Fayetteville Miscellaneous Miscellaneous Centerton Miscellaneous Miscellaneous Decatur Miscellaneous Renovation/Expansior. Lowell K-12 Renovation/Expansior. Barling K-12 Miscellaneous Nashville K-12 New Construction Prairie Grove K-12 Renovation/Expansior. Nashville K-12 Renovation/Expansior. Nashville K-12 Miscellaneous Kansas K-12 New Construction Beebe K-12 New Construction Kansas K-12 New Construction Pleasant Plains K-12 New Construction Pleasant Plains K-12 New Construction Kansas K-12 Miscellaneous Prescott K-12 New Construction Nashville K-12 New Construction Prairie Grove K-12 Renovation/Expansior. Prescott K-12 New Construction Prescott K-12 New Construction Rogers K-12 New Construction Flippin K-12 New Construction Prescott K-12 New Construction Pea Ridge K-12 New Construction Melbourne K-12 New Construction Flippin K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Pea Ridge K-12 New Construction Mena K-12 Renovation/Expansior. Greenland K-12 Renovation/Expansior. Flippin K-12 Renovation/Expansior. Huntsville K-12 New Construction Mountainburg K-12 New Construction Poyen K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Marvell K-12 Renovation/Expansior. Elkins K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Cherry Valley K-12 New Construction Rogers K-12 New Construction Pea Ridge K-12 New Construction Huntsville K-12 New Construction St. Paul K-12 Miscellaneous Fayetteville K-12 Miscellaneous Pea Ridge K-12 Renovation/Expansior. Huntsville K-12 Miscellaneous Elkins K-12 New Construction Prescott State AR AR AR AR OK AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR OK AR OK AR AR OK AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC 4 Page 922 of 1140 In addition to having successfully completed more than 60 public sector projects, C.R. Crawford Construction has the following RECENT (within the past five years) experience that is specifically relevant to this project. Project Name Industry Construction Type City State Home 2 Suites by Hilton (Springdale) Hospitality New Construction Springdale AR Marriott Fairfield Inn & Suites (OKC) Hospitality New Construction Oklahoma City OK Marriott Fairfield Inn & Suites (Catoosa) Hospitality New Construction Catoosa OK Courtyard by Marriott Hospitality New Construction Rogers AR Home2 Suites by Hilton (Bentonville) Hospitality New Construction Bentonville AR Champions Club Multifamily New Construction Fayetteville AR North Cedar Townhomes Multifamily New Construction Fayetteville AR Depot 16Apartments (Building Only) Multifamily New Construction Bentonville AR PharmII Multifamily New Construction Bentonville AR Village Flats Multifamily New Construction Bentonville AR Johnston Square Liner Building Multifamily New Construction Johnson AR Little Emma Apartments Multifamily New Construction Springdale AR The Marshall Multifamily New Construction Fayetteville AR Network Living Multifamily New Construction Fayetteville AR City U Multifamily New Construction Bentonville AR Johnson RMP Office New Construction Johnson AR Drake Farms (Pendergraft Office) Office New Construction Fayetteville AR WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC 5 Page 923 of 1140 COURTYARD BUILDING & BLOCKLLC Architect Robert Sharp Fayetteville, Arkansas Courtyard Building and Block, LLC, was founded in 2014 to serve the needs of municipalities, real estate developers, and land planners. The firm was founded by Robert Sharp and is located in Fayetteville, Arkansas. The design ethic of Courtyard Building and Block is deeply rooted in the history, patterns, and construction methods of the region. Over the years, we have developed expertise in designing mixed -use buildings and have deep experience in adaptive re -use and historic restoration. Courtyard Building and Block also specializes in designing two- and three-story courtyard apartment buildings for Traditional Neighborhood Developments (TND) and infill locations. In addition to deep experience with multifamily housing and courtyard apartment buildings, the firm has extensive experience in designing single-family housing at every scale, including cottages, townhouses, and large estates. Founder Robert Sharp is active in the community and served on the Fayetteville Planning Commission and on the board of Partners for Better Housing, a local non-profit that is dedicated to providing efficient and dignified housing in Fayetteville's Walker Park Neighborhood. He is also active in the Congress for New Urbanism (CNU) and is a member of the Urban Guild. THREE SISTERS BUILDING Fayetteville, Arkansas This collection of buildings is organized as a series of distinct facades along three faces of a single city block. This project includes 62,000 sq ft overall. Ground floor is retail and entertainment uses with office spaces above. Upper floors contain residential apartments and are stepped back from the street edge to maintain the scale of the existing context. Simple masonry forms are enhanced with traditional ornamental devices such as pressed metal, cut stone, and cast iron. The complex conceals a two story parking structure in the middle of the block. When views from a distance, the silhouette of the various elements creates a distinctive landmark. MILL DISTRICT Fayetteville, Arkansas This significant relic of the region's agricultural infrastructure is located at the corner of two busy commercial streets at the extreme southern edge of the downtown. The immediate surroundings are low rise industrial and commercial structures. The original building was stripped down to the steel frame and new floors inserted within the existing volume. The simple geometric form of the building was clad with galvanized metal, fiber cement board, painted concrete block, and steel windows. The building is home to retail, office, and restaurant space. In addition, the upper two floors contain six two-story residential loft apartments. A major emphasis of the project is to provide urban amenities to conceptually extend the walkable pattern of the downtown area while still taking advantage of the visibility and automotive access that the site enjoys. A multi -use trail was created along the western edge of the site to link this project to Fayetteville's extensive trail system. The Mill District has served as a catalyst for positive growth in this transitional neighborhood. REINDL MANAGEMENT WINDR A,oy CC; R.FOn COURTYARD BUILDING & BLOCKLLC 6 Page 924 of 1140 RMP BUILDING Johnson, Arkansas Johnson Square is a new walkable, compact, mixed use neighborhood. At the heart of this neighborhood is the RMP Building, a three story masonry building that contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. The building exterior is brick with large operable windows, decorative cornices and bay windows, and exterior decorative iron. Overall project area is 21,000 square feet. TRUESDALE BUILDING Johnson, Arkansas TRUESDALE BUILDING Johnson, Arkansas The Truesdale Building is a mixed use building in Johnson Square that includes 25 residential apartments and ground floor retail of office space. The building defines the street edge of Johnson Mill Boulervard. In addition to the three story fagade, street trees, wide sidewalks, and on -street parking provide a protected pedestrian realm. Brick, operable windows, pitched roofs, and decorative trim are used to create a varied composition. NETWORK BUILDING Fayetteville, Arkansas This mixed use building is the first in the state of Arkansas to be net zero energy -the building will create as much power as it uses. The building enveloped was enhanced to save energy and photovoltaic panels provide power into the local electrical grid. The building is of durable brick construction and contains 28 apartments and 4,000 sq ft of office space. The Network building is located across the street form the Fayetteville Public Library. WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC % Page 925 of 1140 THE DICKSON BUILDING Fayetteville, Arkansas The design of the building is heavily influenced by the extreme conditions of the site. The north facade of the building takes its place among the low rise masonry buildings that line a typical urban street edge. The south and east edges of the site face a railroad track and an electrical substation. The west facade of the project addresses the University of Arkansas in the distance. The programmatic elements of the building are organized to address these various conditions in a logical manner: the parking structure abuts the electrical substation and is concealed by a two story liner building. The street facade is composed to emphasize the primary pedestrian entry and the street level retail. A courtyard is carved out of the building within the middle of the block to create an oasis at the heart of the building. The massiveness of the exterior walls of the lower floors gives way to lighter structural members and expansive windows as the building rises to allow distant views of the mountains and the university from the upper floors. Overall project includes 110,000 square feet of retail, restaurant, office and residential area. METRO DISTRICT BUILDING Fayetteville, Arkansas This complex began life as a food processing plant and served for decades as a storage and light manufacturing facility. The building had suffered from deferred maintenance and a series of opportunistic additions. The design solution was to create a series of identifiable entrances along a continuous sidewalk. A new multi -use trail was created along the east side of the building in cooperation with the City of Fayetteville. The large footprint of the building made it difficult to divide the building incrementally into usable spaces, so common areas were added at each level to create a coherent entry sequence for a variety of occupants. The building contains office space, salons, restaurant, and entertainment uses. Overall project area is 46,000 square feet and includes retail, entertainment, office, and residential uses. This property was developed and built by Reindl Properties. METRO DISTRICT LOFTS Fayetteville, Arkansas This building is organized as three stories of stacked flats arranged around a shared courtyard. The property has limited street frontage, which led to the idea of the individual apartments having their front doors facing onto the shared courtyard. Entry to this courtyard is through a substantial two story arched opening. The exterior of the building is masonry construction as befits its urban site. Corbelling, cast stone details, and deeply set windows contribute to the feeling of mass and durability. Decorative wrought iron balconies and rooftop cupolas provide a counterpoint to the solidity of the exterior walls. The project consists of thirty residential apartments and was developed by Reindl Properties. THE DICKSON BUILDING Fayetteville,Arkansas 000 00 10 t. _moo 00 WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC 8 Page 926 of 1140 PART II CONCEPT AND SOLUTION PROJECT VISION AND GOALS: Urban Design and Scale: The hotel is designed to provide a strong visual anchor at the south end of the Civic Plaza. Urban parks benefit from a strong sense of enclosure. The west portion of the hotel building is designed to terminate the canal feature of the Civic Plaza, creating a destination for those strolling along the canal. The existing pedestrian train track crossing occurs at that intersection of building and canal. Respect for the work to date of Nelson Byrd Wolz (NBW): The proposed hotel was designed to respond to the outstanding Civic Plaza designed by NBW. The building form, location, and articulation are direct responses to their design work to date. In addition, we look forward to working with NBW to fine tune the landscape design adjacent to the hotel. Loading, Access, and Fire Protection: A critical element of this design is that all loading areas are located on the southwest portion of the site, against the existing railroad track. The current design by Nelson Byrd Wolz envisions a continuous tree shaded walk along the entire West Avenue frontage. It would be tragic to interrupt this feature with loading and trash collection. Also of utmost importance is the location of Aerial Fire Apparatus area, which we are proposing to be is south of the new hotel building. This is an extremely important safety feature that would be very difficult to provide using the footprint shown in the City of Fayetteville RFP document. s- t w REINDL MANAGEMENT VA -AIM. AR c. R.cw wroRo COURTYARD BUILDING & BLOCK— 9 Page 927 of 1140 A Better Bike Trail: Another significant advantage of the proposed site plan is that the multi- use trail can be located adjacent to the existing shops, restaurants, and bars at the historic Metro District Building. This is a unique opportunity to have a multi- use trail in a very urban environment. The trail would be located north of the existing terraces and sidewalks. Head -in parking provides a layer of protection on the north side of the trail. Smart Parking Strategies: All downtown parking assets must be considered in terms of managing resources properly and encouraging multi -modal transportation choices. The current inventory of approximately 9,000 parking stalls downtown has a utilization rate of 50% during the week and 40% at the weekends. Entertainment District parking is at least 90% utilized during special events, but the overall parking supply seems adequate for years to come, particularly as walking, biking, e-bikes, e-scooters, and mixed -use development trends expand. We anticipate creating a valet parking system that will allow us to tap into the underutilized parking the downtown area. Working with the City of Fayetteville, we will pursue off-peak agreements with local churches, banks, and Washington County. \_ •i'�' 100 01, ••�. ` 'i: r kN-,q - t IA REINDL MANAGEMENT VAA'u""� TAR �c R.owwr000 COURTYARD BUILDING & BLOCKLLC lO Page 928 of 1140 PRE -FINISHED METAL PANEL SYSTEM BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS - - � l S �JI II JllJll_LJJ _ I PAINTED FIBER CEMENT INDUSTRIAL STYLE, DIVIDED LIGHT WINDOWS RED BRICK VENEER VIEW FROM NORTHEAST 'Am_ VIEW FROM SOUTHWEST VIEW FROM NORTHWEST GREY BRICK VENEER ROOF TERRACE CHARCOAL COLORED IRON SPOT BRICK VENEER Ift LUMUM FRAMED WINDOWS ENAMEL -PAINTED STEEL STRUCTURE \f1 Material Palette and Facade Strategies: The mass of the hotel building is broken up into two portions: An eastern wing that is inspired by the industrial masonry heritage of the area and a western wing that participates in the aesthetic exemplified by TheatreSquared, Walton Arts Center, and The Dickson Building. Brick corbels, pilasters, and divided -light, loft - style windows are used on the east wing to create a sense of craft, weight, and hierarchy. The west wing features charcoal iron spot brick (similar to the brick used at the recent addition to the Fayetteville Public Library), enameled steel, steel bar grate, pre - finished metal panels and trellis systems. Glazing at the west wing is aluminum framed windows. VIEW FROM SOUTHEAST WINDggpoR //C. R.CRAwFORO REINDL MANAGEMENT COURTYARD BUILDING & BLOCKLLC 11 Page 929 of 1140 PART III PROGRAM Our team has analyzed the likely structure and material components proposed for the hotel. To maximize efficiency, our team will procure the long lead materials and grading permit ahead of the final design in order to maintain a predicable work flow and earlier project completion. Our entire team has successfully completed projects using this scheduling method adjacent to the arts corridor, including projects with the city of Fayetteville. INITIAL PROJECT SCHEDULE Months 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 1 1 1.1I:1 W.]OUI_1IETC]AM1011 VA UGHT-..R C. R.CRAwFOR� COURTYARD BUILDING & BLOCK- 12 Page 930 of 1140 PROJECT APPROACH PRE -CONSTRUCTION PHASE The pre -construction phase is the period when the owner and construction manager have the most opportunity to identify and mitigate any potential risk. Our pre -construction team and processes have proven themselves over and over again. Trent Rogers will lead the pre -construction phase and team on this project. 1. ESTIMATING PROCESS AND PRELIMINARY BUDGET: We will use our proprietary in-house estimating models (such as Lumion and P1anSwift), historical information, and real-time conversations from the supplier/subcontracting community to develop initial cost estimates. This is an early indication if the project will fall within budget. 2. BUILDING INFORMATION MODELING C.R. Crawford generally produces a BIM model utilizing Revit and Navisworks with our in-house model integrator to help support estimating decisions, planning and coordination. While in the pre -construction phase, the model will be used to visualize areas of the design needing resolution or clarification. 3. VALUE ANALYSIS: Our value management efforts focus on a facility's function and performance. Any ideas and opportunities to avoid costs, while also generating the most value for your project, will be examined and communicated with you and the architect. Our approach is to always strive to maintain the original program area of a project and look for opportunities to save costs in ways that will not be noticeable to end -users of a facility. We will present a detailed list of value -generating and cost -reducing options for your review so that you can make the best decision as to which of those ideas and opportunities can be incorporated into the plans and specifications. 4. SCHEDULING: The project's schedule is the backbone of a successful outcome. Our VPs will be heavily involved in creating every schedule and have extensive experience in knowing what is realistic. Each task and trade is given a timeline, then they are pieced together sequentially for what makes the most sense for site logistics. C.R. Crawford is very aggressive when it comes to organizing a project construction schedule, as we do not believe in wasting time or charging excess overhead costs to a job. Depending on the complexity of a project, we use either Microsoft Project or Primavera to format our schedules. Each week the Project Superintendent and the Project Manager will create a three week "look ahead" schedule. This is communicated to the subcontractors so they are prepared and ready for the scheduled task and can prepare to be most efficient. We do not miss schedules or we would not have repeat clients, such as Walmart, Tyson Foods, and Academy Sports + Outdoors, as they have very hard deadlines that are driven by specific dates of training and opening that greatly affect their annual revenue. 5. CONSTRUCTABILITY REVIEW: At C.R. Crawford, our approach to constructability reviews is a structured process to ensure the construction documents are coordinated, the documents make clear the requirements of the project, and any potential impacts to the project because of document errors are identified and corrected. WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,..„�.,o„ COURTYARD BUILDING & BLOCKLLC 13 Page 931 of 1140 6. BID PACKAGE DEVELOPMENT: As design activities conclude, the subcontractor bid packages are finalized and, to the fullest extent possible, organized in a manner that will result in highly competitive bidding by the greatest number of bidders available in the marketplace. Unlike some other construction management companies, C.R. Crawford still frequently participates in and wins lump -sum bid projects so that our bidding processes will remain competitive. When deployed in a construction management project, our processes have been proven to result in lower, but still responsible, bids for our clients. 7. IDENTIFY/ORDER LONG LEAD-TIME MATERIALS: As soon as C.R. Crawford has a signed contract, the estimator and project manager will work together to identify long lead-time items. Getting a list of the owner provided items to establish a release/delivery date is crucial for coordinating an overall schedule and sequencing of trades. 8. DESIGN REVIEW & SUPPORT: C.R. Crawford will assist in as much design review and work with any suggested third -party reviewers as much as needed to get the best construction documents and game plan for executing the owner and design team's desires. We believe our role in the project is to help facilitate communication that will reduce errors and omissions, while managing the construction process from start to finish. Getting consultants and experts in their respective areas involved early leads to a more efficient project and potentially lower construction costs. PROCUREMENT PHASE 1. DEVELOPING SUBCONTRACTOR INTEREST: One method to generate the highest possible level of subcontractor participation and the lowest responsible cost is to conduct a subcontractor summit. We will proactively reach out to subcontractor companies in the area to be sure they are aware of the project and then host a half -day or one -day event to review the project, discuss key details of the project, and clearly communicate expectations for performance and quality. 2. CONDUCTING PRE-BID/PRE-PROPOSAL MEETINGS: One scenario that we have found to be very productive is hosting a virtual pre -bid meeting. Our pre - construction team records a video of them talking through and visually showing subcontractors how to navigate the construction documents, reiterating that all of the documents are tied together and they need to review it as an entire package and not just a few pages specific to their trade. This video is made part of the invitation -to -bid package. A pre -bid meeting will also be held and there is a platform for asking questions about the bid process and bid package. 3. PRE -QUALIFYING SUBCONTRACTORS & SUBCONTRACTORS: Our invitation to bid will set specific criteria right out of the gate, to ensure the subcontractor knows the minimum requirements needed to participate in the project. Once bid proposals are received, our pre -construction team will discuss with the subcontractor/supplier, to ensure that the proposer understands the scope of work that would be required of them and has the capacity to meet our schedule. In Northwest Arkansas, this process will be very easy, as we will know the subcontractors/suppliers and their abilities or shortcomings. REINDL MANAGEMENT VA -AIM.— — 14 c. R.cw wrowo �COURTYARD BUILDING & BLOCK — Page 932 of 1140 4. RECEIVING & QUALIFYING BIDS/PROPOSALS: On bid day, we will eagerly receive the subcontractor bids and verify the bids meet all requirements and include the complete scope of the bid package. We will compile the lowest responsible bids to verify the total construction cost is at or below our most recent cost estimate. Once the total construction cost is established, we will present the Guaranteed Maximum Price (GMP) to you for your review and approval. At this point, we will be prepared to begin site activities. 5. ENTERING INTO CONTRACTS: Regarding subcontracts and supplier purchase orders, we have a very clear and specific document we use and have found it to be very successful at clearly defining the scope of work for that trade/bid package. The agreements are fully executed prior to anyone from that company beginning their work on the project. This helps with defining payment terms and requirements for closeout, so there is no room for miscommunication. CONSTRUCTION PHASE 1. QUALITY ASSURANCE ON TIME & IN BUDGET: Our quality management process begins early in the design phase when we review the materials and methods required to complete the project and verify that what is designed can be built with the highest possible quality. Cost and quality management continues throughout the remainder of the design process and then becomes a part of our site management activities. 2. SCHEDULE MANAGEMENT: Based on the complexity of a project, our project management team uses either Microsoft Project or Primavera to create and manage a project schedule. C.R. Crawford is known for our ability to develop an aggressive schedule and then meet or exceed that schedule. As with most advanced construction companies, we use "look ahead" and other schedule management techniques to verify we are staying on track and prepare for activities three to six weeks in advance. 3. COST CONTROL: C.R. Crawford's approach to cost control is a follow-up process from the pre -construction, scope definition, and bid packaging procedures. We approach cost control with a "discipline to detail" mentality, thus assuring that our clients are continuously informed of the process, have the appropriate documentation structure and are assured that we have completed a rigorous vetting of any and all potential risks. 4. JOB SITE COORDINATION: Our Project Superintendent is on -site all day and is responsible for ensuring site activities proceed as scheduled. We use the project schedule and Procore project management software to most effectively and efficiently coordinate site activities and maintain accurate project records. 5. CHANGE ORDER MANAGEMENT: If a change order is requested by the owner or architect, we will evaluate the cost of the change order and the impact the change order will have on the construction schedule. We will present our recommendation to you and in no instance will we proceed without written approval from the owner. WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,..„�.,o„ COURTYARD BUILDING & BLOCKLLC 15 Page 933 of 1140 COMMISSIONING & START-UP SERVICES Our Project Team has worked with third party commissioning agents, in addition to having someone from the design team or our Project Team lead the commissioning and start-up efforts in a new commercial building. We understand the importance in delivering and training the owner so they maximize the building's safety and efficiencies, as well as reduce operation costs, and have a maintenance and documented plan for the future. A building envelope review is a great step to take during this stage and lets the owner work hand -in -hand with all subcontractor leads/start-up representatives, as this can pay huge dividends when preventing water leaks and wasted energy use. PROJECT CLOSEOUT SERVICES What began during pre -construction will continue as construction comes to a conclusion. Our process includes continual verification that all work is done according to the plans and specifications. Any nonconforming work is addressed with the appropriate subcontractor before the subcontractor demobilizes from the job site. 1. AS -BUILT DOCUMENTATION: Our Project Team will immediately begin updating our project management software (Procore) with any updated or "red -lined" drawings. As a result, upon completion of the construction project, there will be a readily available as -built drawing set. The design team and owner will have access to this web -based software and mobile app at all times. These as -built drawings will also be included in an electronic closeout package sent to the owner. 2. MAINTENANCE & OPERATION MANUALS COMPLETE: Maintenance and Operation Manuals will be organized and filed into our electronic closeout package, in addition to any hard copies we may receive with the equipment. These manuals will be referenced and identified during the commissioning and start-up process as well. 3. WARRANTY & GUARANTEES PROVIDED: C.R. Crawford will provide a minimum of a one-year warranty. However, we look to build long-term relationships and want to always make sure we are helping our clients with any issue where we can help. All subcontractor waivers and warranties and manufacturer/equipment warranties will be provided and organized in the closeout package. 4. CLIENT'S PERSONNEL TRAINED IN MAINTENANCE & OPERATION OF FACILITIES: We understand the importance of training the maintenance and operation personnel on the building systems for safety reasons and this can help reduce future costs. There will be organized training sessions, when appropriate, for personnel to come on -site for training. REINDL MANAGEMENT VA -AIM. AR cc a.cwnwr000 COURTYARD BUILDING & BLOCK— 16 Page 934 of 1140 PART IV ACCOUNT TEAM PERSONNEL See resumes at the end of this document. PART V CORPORATE EXPERIENCE Refer to Part I PART VI AUTHORIZED NEGOTIATOR Brian Reindl is authorized to negotiate contract terms and render binding decisions on contract matters. Brian Reindl Owner, Reindl Properties 509 W. Spring Street, Ste. 310 Fayetteville, AR 72701 479-283-6816 PART VII COST PROPOSAL/FINANCING PLAN The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm's length third -party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficially to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. REINDL MANAGEMENT VA -AIM. AR �c R.owwr000 COURTYARD BUILDING & BLOCKLLC 17 Page 935 of 1140 SUMMARY Reindl Properties has assembled a uniquely qualified team for the innovative development project envisioned by the City of Fayetteville. We have formatted this summary to be consistent with your Selection Criteria as follows: 1. Qualifications in Relation to Specific Project to be Performed. We have a proven 22-year track record of developing high quality buildings in Downtown Fayetteville. Our design and construction team have similar experience working on significant buildings located on constrained and challenging sites. Windsor Aughtry has developed multiple hotels in downtown locations across the country. 2. Experience, Competence, and Capacity for Performance. Brian Reindl will be the primary point of contact for the City of Fayetteville. You will be dealing with the primary decision maker at all times. At any time, Brian can call upon his consultants at C.R. Crawford, Windsor Aughtry, or Courtyard Building and Block to have questions answered and matters resolved. Financial wherewithal and experience will be demonstrated at each project milestone so that the City of Fayetteville will have a complete financial and aesthetic vision of the development. 3. Proposed Method of Doing Work. Collaboration is the key to developing successful projects that have multiple stakeholders. In addition to working directly with representatives of the City of Fayetteville, Brian Reindl will also engage with Walton Arts Center, TheatreSquared, Dickson Street Merchants, Nelson NBW, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. Reindl Properties will develop a project schedule for due diligence, design and cost estimating, permitting, and construction. Project schedules will be established that synchronize the completion dates of the hotel and the Civic Plaza. Construction easements and other logistical matters will be taken into consideration. Also, it is important to note that Reindl Properties is located at 520 W. School Street. This project will have our complete attention, every day. 4. Past Performance. Reindl Properties has developed multiple high -quality projects in the Fayetteville area. Projects such as the Metro District, Block Avenue, Hill Avenue Townhouses, and Metro District Lofts demonstrate our track record. Reindl Properties has excellent relationships with local suppliers and knows how to get the best work from our local craftsmen. Reindl Properties builds for the long term. In addition to their development expertise, they are skilled in managing properties and keeping tenants happy. 5. Cost and Fees. Reindl Properties is committed to fair dealing for all parties. Any transactions between Reindl Properties and the City of Fayetteville will be based upon third party arms -length appraisals. Financial analyses will be open book and based upon well documented sources regarding construction cost, anticipated revenue, and financing criteria. CLOSING STATEMENT "I have been in love with Fayetteville since that first drive through town back in 1984. I've always known it was a unique place with an incredible university, a great climate, a vibrant economy, and a diverse group of `funky' people. Simply put, these are the reasons I decided to move back in 1994, start a business, and raise a family. I can truly say that there is nowhere else that I'd rather call home. It's natural to want what's best for what you love, and I think this hotel is what's best for an already great and exciting Downtown. Not only will it add jobs and tax revenues, but it will also activate the park with a restaurant, coffee shop, and rooftop bar. I see it as not just a building, but an amenity for our visitors and citizens. It will be an extension of the park, and open to all. I`d love the opportunity to bring this amazing Downtown hotel to a place that we ALL call home." —Brian Reindl, owner Reindl Properties, Inc. WINDgo R D.R.DRA 7n REINDL MANAGEMENT AUGHTRY c�o„,.4„�.,0„ COURTYARD BUILDING & BLOCKLLC 18 Page 936 of 1140 RESUMES Page 937 of 1140 Brian Reindl Developer Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District building in 1999, Brian completely remodeled the 61,000 square foot building into what it is today, an anchor in what is now known as the "Entertainment District" and the "Cultural Arts Corridor". Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the downtown square located at 11-23 N Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful 3-story mansions directly in front of Gate 1 at Donald W Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree -covered acres. Brian also Produced and wrote the movie "Greater" which was released in August of 2016. During principal photography, Greater Productions, LLC employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Page 938 of 1140 �' r Josh Williams Property Manager Josh Williams has been a resident of Fayetteville 17 years. He attended the University of Arkansas and received his degree in Real Estate Finance. He has been apart of Brian Reindl's team for 5 years and has taken over the oversight and project management for all developments as well as managing all of Brian's commercial and residential spaces. Josh has overseen the finish out of tenant spaces at Block Street and the Metro District and is directly involved in all matters relating to on -going tenant satisfaction. Page 939 of 1140 Jay Alexander Principal/Broker-in- Charge 864-679-3623 1 864-380-6191(cell) \XAWINDSOR AUGHTRY HOTEL GROUP Education: University of South Carolina - Columbia, SC May 1991 Bachelor of Science Mechanical Engineering Furman University 1993-1994 Pre -MBA classes Recent Development Experience: ■ Lead team member in submitting two winning RFPs to Greenville Hospital System for build -to -suit developments totaling $10.5 million. Secured construction funding, long term financing and managed projects to completion. ■ Embassy Suites - Downtown Greenville SC:155 room hotel constructed on air rights above city owned parking garage. The Embassy has a Ruth's Chris Steakhouse in the lobby, 4,300 SF of meeting space and rooftop bar. ■ Home2 Suites - Asheville, NC:112 room extended stay hotel with surface parking. ■ Motto by Hilton - Bentonville, AR:175 new concept micro room hotel under development in downtown Bentonville. The Motto will have a separately branded F&B concept, retail space, bike storage, and outdoor F&B concept. Opening 4th quarter 2023. Community Involvement: Board Member - Neighborhood Focus 2019 - Present Chairman of Administrative Board - Mauldin United Methodist Church 2009-2011 Chairman of Youth Director Search Committee - 2010 Past Board Member - Greenville Metro YMCA Past Board Member - Meyers Center for Special Children - Greenville, SC Page 940 of 1140 Kelly Ross General Manager/ Commercial Construction 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone: 864-303-9880 Email: kross@windsoraughtry.com VAWINDSOR AUGHTRY HOTEL GROUP Education: A.A.S. - Building Construction Science, Greenville Technical College,1981 Areas of Expertise: ■ Kelly is General Manager for our hotel related construction projects. Working with design teams and contractors he represents the firm's interests in new hotel endeavors as well as property updates and renovations. Recent New Hotel Project Experience: ■ 127 room Hampton Inn & Suites atop a six -story parking deck in downtown Roanoke, VA. Opened 2016. ■ 156 room full -service Embassy suites with rooftop bar/ restaurant in Greenville, SC. Opened 2016. ■ 138 room seven -story Residence Inn with pool and site amenities in Greenville, SC. Opened 2018. ■ 135 room seven -story Marriott Courtyard located in downtown Baton Rouge, LA. Opened 2018. ■ 132 room eight -story Hampton Inn & Suites located in Kansas City, MO. Opened 2019. ■ 115 room Home 2 Suites located in Asheville, NC. Opened 2020. Page 941 of 1140 Laurens Nicholson CCIM, SIOR Principal / Director 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone:864-270-2706 Email:lnicholson@windsoraughtry.com VAWINDSOR AUGHTRY HOTEL GROUP Education: Clemson University -Clemson, SC May 1990 Bachelor of Science Development Experience: ■ Team member in assembling a site in Bentonville, AR for hotel development. Participated in the site selection, environmental, civil engineering, schematic design, design development and construction bid submittal. Worked with the City of Bentonville on the pre -application meetings and planning submittal. Worked with City of Bentonville Planning Department in getting project approved. ■ Partner in hospitality real estate investment partnerships. ■ Partner in multiple medical investment partnerships. ■ Developed medical build -to -suits. Worked from site selection to completion. ■ Developed multiple industrial and manufacturing facilities throughout South Carolina. Community Involvement: CCIM—South Carolina Chapter —Board of Directors (Education Chair), Past President CCIM Global- Currently serving as Vice Chair to the faculty curriculum sub -committee CCIM -Instructor- Financial Analysis for Commercial Real Estate Investment and Foundations for Success South Carolina Association of Realtors— Past Board of Directors Greater Greenville Association of Realtors - Commercial Division, Past President, Board of Directors SIOR—Global Organization —President Carolina's Chapter-2014 Awards: South Carolina CCIM of the Year- 2019 Commercial Realtor of the Year - Greater Greenville Association of Realtors-2002 Co -Star Power Broker - Industrial Sale &Lease Transactions-2009, 2010, 2012, 2013, 2014,2016 Page 942 of 1140 Bachelor of Science, Construction Management University ofArkansas at Little Rock, Little Rock, Arkansas 1:1614 4 La 1: I I�1117:18a1 Aaron will provide leadership, oversight, and direction to the other members of the C.R. Crawford team throughout the life of the project. He will work with the project owner, architect, and other stakeholders to develop and execute a project management plan that will result in the project being completed on schedule and within budget and executed with the utmost quality. SUMMARY OF EXPERIENCE: Having worked 18 years in the construction industry in areas from business development to estimating to project management, Aaron brings a tremendous amount of insight, experience, and leadership to any project team. He has a proven ability to lead multiple teams effectively and efficiently. The volume of total projects under his oversight at any one time have ranged from $200 to $300 million. NOTABLE PROJECT EXPERIENCE INCLUDES: AC Marriott Hotel — Little Rock, AR AC Marriott Hotel — Kansas City, MO Chenal Point Apartments— Little Rock, AR Landmark Apartments — Little Rock, AR Wimbledon Greens Apartments— Little Rock, AR The Blake Sr. Living Center — Little Rock, AR OBU StudentHousing —Arkadelphia, AR OBU Dorms —Arkadelphia, AR Arkansas Children's Hospital Research and Nutrition Center — Little Rock, AR Arkansas Heart Hospital Cath Lab Renovation — Little Rock, AR Arkansas NeuroSpine Center — Little Rock, AR U of A Athlete Success Center — Fayetteville, AR U of A Student Success Center — Fayetteville, AR U of A Ozark Hall Renovation — Fayetteville, AR Pinnacle Hills Promenade — Rogers, AR Promenade at Chenal — Little Rock, AR First Orion Office Building — North Little Rock, AR Bass Pro Shops — Little Rock, AR Overland Park Rehabilitation Hospital —Overland Park, KS Arkansas Fertility& Gynecology Associates— Little Rock, AR Malco Theater — Rogers, AR Cobb Cinebistro Theater— St. Petersburg, FL Cobb Cinebistro Theater — Cincinnati, OH Movie Tavern — Allentown, PA Movie Tavern — Little Rock, AR Ridgedale Mall Renovation & Expansion — Minnetonka, MN Rosedale Mall Renovation & Expansion — Roseville, MN St. Louis Galleria Renovation — St. Louis, MO Quail Springs Mall Renovation — Oklahoma City, OK LA Fitness — North Little Rock, AR LA Fitness — Memphis, TN Summit Fair Retail Center — Lee's Summit, MO Adams Dairy Landing — Blue Springs, MO Summit Orchard Retail Center— Lee's Summit, MO Ward Parkway Center — Kansas City, MO First Security Bank (Gateway Branch) — Little Rock, AR ASU Football Practice Facility —Jonesboro, AR Dairy Queen — Sherwood, AR Dairy Queen — Little Rock, AR Pediatrics Plus — Conway, AR Pediatrics Plus — Little Rock, AR Pediatrics Plus — North Little Rock, AR St. Vincent Lonoke Medical Clinic — Lonoke, AR St. Vincent Bryant Medical Clinic — Bryant, AR Arkansas Heart Hospital Cath Lab Renovation — Little Rock, AR Bellview Urban Center — Rogers, AR Doctors Hospital Renovation — Little Rock, AR River Ridge Mall Renovation — Lynchburg, VA C.R. CRAWFORD C O N S T R U C T 1 O N Page 943 of 1140 Bachelor of Architecture Louisiana Tech University, Ruston, Louisiana AIA Architect Registration ROLE IN THIS PROJECT: Trent will lead our pre -construction team and work with you and your project architect during the planning, design, and pre -construction phase of your construction program to provide conceptual unit-cost/square-foot-cost estimates. Trent will also work with the project manager to develop a preliminary construction schedule for the project. Trent will focus on the feasibility and efficiency of constructing what has been designed and, if needed, will develop alternative solutions to ensure your project remains within your budget. SUMMARY OF EXPERIENCE: In addition to his deep understanding of construction costs, Trent is also registered as an architect by the American Institute of Architecture (AIA). His understanding of both design philosophy and construction costs has allowed Trent to be a very effective communicator and problem solver when working with project owners and architects. NOTABLE ARCHITECTURAL PROJECT EXPERIENCE INCLUDES: Farmington High School Gymnasium and Performing Arts — Farmington, AR Crossmark Center for Collaboration — Bentonville, AR Fulbright Junior High School — Bentonville, AR Keypoint Church — Bentonville, AR Elkins High School — Elkins, AR First Baptist Church — Rogers, AR Fort Scott Community College Performing Arts — Fort Scott, KS • Siloam Springs High School — Siloam Springs, AR Siloam Springs High School Stadium — Siloam Springs, AR NOTABLE CONSTRUCTION PROJECT EXPERIENCE INCLUDES: City U — Bentonville, AR South School Apartments — Fayetteville, AR • Network Zero — Fayetteville, AR Generations Bank — Fayetteville, AR First National Bank — Fayetteville, AR United Bank — Bentonville, AR IDO — Lowell, AR Depot 16 — Bentonville, AR Pharm II — Bentonville, AR RMP, LLP — Johnson, AR BNSF Logistics — Springdale, AR Primrose Communities — Multiple Locations (AR and TX) Whitbeck Labs — Springdale, AR Washington Regional Cancer Support Home — Fayetteville, AR Washington Regional Medical Billing Office — Fayetteville, AR McDonald Eye Associates — Fayetteville, AR Marvell - Elaine School District — Marvell, AR Rogers School District — Rogers, AR Elkins School District — Elkins, AR Prescott School District — Prescott, AR Mountainburg School District — Mountainburg, AR Flippin School District — Flippin, AR Melbourne School District — Melbourne, AR Poyen School District — Poyen, AR Pea Ridge School District — Pea Ridge, AR North Cedar Townhomes — Fayetteville, AR Tyson Foods — Rogers, AR % C.R. CRAWFORD C❑ N S T R U C T 10 N Page 944 of 1140 r ROLE IN THIS PROJECT: Working closely with Sr. Pre -Construction Manager Trent Rogers, David will lead estimating services for this project. He and Trent will work with you and your project architect during the planning, design, and pre -construction phase of your Bachelor of Science, construction program to provide conceptual unit cost/square foot cost estimates Supply Chain Management, and unit cost for site utility work. He will assist Trent in analyzing the accurate and Finance efficient constructability of the project's design and will provide value engineering University ofArkansas, services to ensure your project remains within your budget. Fayetteville, Arkansas SUMMARY OF EXPERIENCE: For more than five years, David's dedicated focus in estimating services has given him vast experience. He is detail oriented and thorough in his processes, giving him quick expertise and success in project estimating. David is a proven asset in pre - construction services and will be an apparent benefit to your project. NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites — Bentonville AR • Independence Plaza — Lowell, AR • Admiral Plaza Shopping Center — Tontitown, AR • Johnson Medical Building — Johnson, AR t i i IDO Phase II — Lowell, AR • Blue Ember Smokehouse — Fort Smith, AR • The Goddard School — Fayetteville, AR • The Goddard School — Bentonville, AR ~� Mercy Convenient Care Clinic — Bentonville, AR • Mercy Health Pain Clinic — Bentonville, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse �c o Financial — Rogers, AR Matrix Racquet Club — Lowell, AR Benchmark Building TI — Rogers, AR Y Playground, Washington Elementary School — Fayetteville, AR (I Batteries Plus Bulbs TI — Fort Smith, AR `'� Discount Tire —Jonesboro, AR Dazzling Nail Bar — Fayetteville, AR First Security Bank ATM — Fayetteville, AR • BancorpSouth Renovation — Fayetteville, AR • Discount Tire — Rogers, AR Walk-On's — Rogers, AR Aw Walk-On's — Texarkana, AR THE GODDARD SCHOOL Walk-On's — Fort Smith, AR • Jiffy Lube — Springdale, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse \41 Financial — Rogers, AR y Sherwin-Williams TI — Bentonville, AR j^ F, 1 f Rogers School District, (4) Middle School Outdoor Tracks — Rogers, AR % C.R. CRAWFORD C❑ N S T R U C T 10 N Page 945 of 1140 ROLE IN THIS PROJECT: As Project Manager, Justin will work with your staff throughout your project and will be responsible for the successful outcome of the project. Justin will work closely with you and your project architects to ensure the project begins and ends within budget Bachelor of Science, and on schedule. Justin will also work very closely with our Project Superintendent to Construction Management verify that all work is done with quality and safety. University ofArkansas, Little Rock, Little Rock, Arkansas SUMMARY OF EXPERIENCE: 30-Hour Training Certificate Justin is one of C.R. Crawford's most versatile Project Managers. In addition to his Occupational Safety and Health ability to expertly manage projects, Justin is also very adept at cost estimating, Administration allowing him to work closely with our project estimating staff to produce accurate cost estimates and program budgets that will serve to keep your project on track financially. Justin has experience in a wide variety of project types, including K-12, healthcare, federal/military, and premium office spaces. 0 -0 H NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites — Bentonville, AR • Home2 Suites — Springdale, AR • Courtyard by Marriott — Rogers, AR • North Cedar Townhomes — Fayetteville, AR • The Fields at Pinnacle — Rogers, AR • Johnson Square RMP Building — Johnson, AR • Tyson Manufacturing Automation Center — Springdale, AR • Mercy Therapy Services — Rogers, AR • Washington Regional Cancer Support Home — Fayetteville, AR • Johnson Square Medical Office Building — Johnson, AR • Johnson Square Parks — Johnson, AR • Johnston Liner — Johnson, AR • Swetnam TI — Johnson, AR • Highland Middle School Parking — Highland, AR • Huntsville Activities Center — Huntsville, AR • Poyen Career Education and High School Cafeteria — Poyen, AR • Prescott Elementary School — Prescott, AR • Central Utility Plant Shop & Power Center, University of Arkansas — Fayetteville, AR • Washington Regional Cancer Support Home — Fayetteville, AR • Elkins Elementary School Addition — Elkins, AR • Prescott Middle School — Prescott, AR • Lisa Academy Renovation — Little Rock, AR • Little Rock Air Force Base — Jacksonville, AR • Arkansas National Guard Armed Forces Reserve Center — Bentonville, AR • Walmart Neighborhood Market — Ruston, LA • Walmart Neighborhood Market — Shreveport, LA • Walmart Neighborhood Market — Bossier City, LA • CrossMar Industrial Building — Bentonville, AR • Marvell High School Gym Addition — Marvell, AR • McKee Peanut Butter Plant — Gentry, AR • Power Center — Rogers, AR • Storms Orthodontics — Springdale, AR • Verizon Wireless — Moore, OK • McKee Foods Extruder Room Addition — Gentry, AR % C.R. CRAWFORD C❑ N S T R U C T 10 N Page 946 of 1140 16-Hour EM 385-1-1 Certification ROLE IN THIS PROJECT: 40-Hour EM 385-1-1 Certification American Safety Council As Project Superintendent, Ken will work with the Project Manager to oversee project development by evaluating cost activities and developing and managing the construction schedule. He will manage all on -site personnel, update schedules, manage our quality control program, and administer our safety program. Scaffolding Certification NWA Stormwater Compliance Certification Forklift/Boom Lift Operator Certification Basic Rigger, Carpentry, Core Curriculum, Reinforcing Ironwork Level Two NCCER Curriculum Performance Evaluator CPR/First Aid Certified American Red Cross 30-Hour Training Certificate Occupational Safety and Health Administration LI1. .ILJ SUMMARY OF EXPERIENCE: Having been in the construction industry for 27 years, Ken is one of C.R. Crawford's most experienced Project Superintendents. He is a true leader on a job site and skillfully encourages others to achieve more and provide only their best work. NOTABLE PROJECT EXPERIENCE INCLUDES: • Courtyard by Marriot — Rogers, AR • Home2 Suites — Bentonville, AR • Fairfield Inn & Suites — Catoosa, OK • Everest Rehabilitation Hospital — Rogers, AR • Jiffy Lube — Bentonville, AR • Jiffy Lube — Springdale, AR • Everest Rehabilitation Hospital — Oklahoma City, OK • Hall's Crossing — Springdale, AR • Shoppes at Bella Vista — Bella Vista, AR • Johnston Square Liner — Johnson, AR • Redbird Office Building — Bentonville, AR • Pendergraft Office Building — Fayetteville, AR • Huntsville Activities Center — Huntsville, AR % C.R. CRAWFORD C❑ N S T R U C T 10 N Page 947 of 1140 Robert Sharp Principal EDUCATION Bachelor of Arts in British History, University of the South, Sewanee Tennessee,1986 Bachelor of Architecture, University of Arkansas, 1991 PROFESSION Robert Sharp has 30 years of experience in the architectural profession. He founded Courtyard, Building, and Block, LLC in 2014 to specialize in serving the needs of municipalities, and private sector real estate developers working in Infill and New Urban settings. Robert has a keen interest in city and town planning, development economics, and regional architecture. COMMUNITY A native of Fayetteville, Robert Sharp has served in numerous local organizations such as the Planning Commission, Historic District Commission, Downtown Architectural Standards Committee, and Fayetteville Natural Heritage's Green Infrastructure project. Robert is currently serving as Town Architect for Partners for Better Housing, a 501c3 nonprofit corporation that is developing attainable housing in Fayetteville's Walker Park Neighborhood. REPRESENTATIVE PROJECTS Three Sisters Building Robert Sharp served as Project Architect for the Three Sisters Building in Fayetteville Arkansas. The project encompasses three sides of a city block in downtown Fayetteville and includes professional office, retail, and residential uses. The building has become a distinctive local landmark and anchors Fayetteville's Cultural and Entertainment District. Robert led the design team and provided Construction Administration services for the project. Mill District Robert Sharp served as Project Architect for the conversion of an abandoned feed mill into a mixed use development containing professional office, retail, and residential space. The Mill District has served as a catalyst for positive growth in its neighborhood. The Arkansas AIA has recognized the project with an Honor Award for design excellence. The Dickson Robert Sharp served as Project Architect for Underwood Plaza, a seven story mixed use building on an infill site in Downtown Fayetteville. The building was designed to maximize the advantages of its prime location, while minimizing the disturbances from an adjacent railroad track and electrical substation. RMP Building, Johnson Square Robert Sharp served as design architect for RMP Building at the heart of the Johnson Square neighborhood. The three story masonry building contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. Network Building Robert Sharp worked closely with Entegrity sustainability and energy consultants to create the state's first mixed use Net Zero Building. The building contains 28 apartments and 4,000 sq ft of office space. In addition to energy efficiency, good urban design, durability, and access to natural light drove the design process. Page 948 of 1140 David McElyea Project Manager EDUCATION United States Marine Corps 2002 Bachelor of Architecture, University of Arkansas 2006 PROFESSION David has worked at a variety of architecture and design/build companies in his career in Arkansas and Louisiana. David worked on a variety of institutional and multi -family projects during his time at Modus Studio in Fayetteville from 2010 to 2018 REPRESENTATIVE PROJECTS Brick Avenue Lofts, Bentonville Arkansas While working at Modus Studio, David served as Project Manager for this 252 unit multi -family. The project is located on an 11 acre site near downtown Bentonville. Project includes multiple building types, clubhouse and associated amenities. Uptown Fayetteville This urban multi -family project includes 308 multifamily units on 14 acres. Also included is street - side retail, clubhouse, gardens, and local art installations. David worked on design and production for the project while at Modus Studio. Atmosphere, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas. 228 unit - 628 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Cardinal, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas.150 unit - 471 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Beacon Block, Fayetteville Arkansas A three story mixed use building located at the corner of Prospect Street and College Avenue in Fayetteville Arkansas. The project includes 26 apartments and 6,000 sq ft of Office and Retail space at street level. David provided construction drawings for the project. Construction will begin in Spring of 2022. Page 949 of 1140 Kara McElyea Architect EDUCATION Auburn University Master of Design -Build 12008 University of Arkansas Bachelor of Architecture, Magna Cum Laude with Honors 12007 PROFESSION Project Manager at BRR Architecture January 2014 - October 2015 Responsibilities: Prototype Manager for the Walmart Neighborhood Market Haag Brown Commercial Real Estate and Development November 2015 - July 2018 Responsibilities: Producing concept designs and site layouts for all new development opportunities REPRESENTATIVE PROJECTS FFO Home - Multiple Locations (20+/-) Starbucks Retail Centers - Multiple Locations (20+/- ) Tacos 4 Life - Multiple Locations (20+/- ) The Reserve at Hill Park - Jonesboro, AR (27 acre office park) Haag Brown Office - Jonesboro, AR Multiple Retail Developments (20 -100 acres) Adult Education Center - Trumann, AR Parkwood Retail Center - Jonesboro, AR 7,300 SF three -suite retail space East Johnson Medical Offices - Jonesboro, AR 6,600 SF two -suite building and 2,400 SF free standing building Ha-Ro-Co Fire Station - Harriet, AR Reconstruction of an existing volunteer fire station Nestle Activation Center - Rogers, AR 12,000 SF offices with demonstration kitchen and mock up retail space BNSF Railway Offices - Various Locations 1,500 to 3,200 rail office replacements St. Mark's Episcopal Church - Jonesboro, AR 2,700 SF renovation of entry sequence for existing church Dell Fire Station - Dell, AR 5,600 SF four -bay volunteer fire station Vetro 1925 - Fayetteville, AR 4,700 SF restaurant in historic downtown building First United Methodist Church - Greenbrier, AR CA I renovations and classroom additions to an existing church Baxter Heathcare - Mountain Home, AR DD, CD, CA, project renderings I loading dock addition to an existing manufacturing facility Off -Grid Emergency Housing SD, DD, CD, CA I design and construction of 320 SF emergency housing unit out of a shipping container Page 950 of 1140 Evan Douglas Project Manager EDUCATION Bachelor of Science in Architectural Studies, University of Arkansas, 2015. PROFESSION Evan Douglas has worked as an architectural designer on various single and multi -family residential projects, with a focus on small-scale and infill development. His work is centered around architecture that is elegant, economical, and resilient. REPRESENTATIVE PROJECTS HillAvenue Townhouses Hill Avenue Townhouses is a collection of seventeen townhouses near the University of Arkansas campus. The two and three story townhouses all feature private outdoor living space. Evan provided design and construction document services for the project. Pharm II Townhouses Evan has provided design and construction drawings for six urban townhouses in B Street in Downtown Bentonville Arkansas. The Pharm II townhouses are designed for a narrow site and feature garage parking, a lofty living floor along the entire second floor and a generous suite at the third floor, including a private terrace. Dunn and Davis Dunn and Davis features twenty three townhouses on a quarter block in Downtown Bentonville. Many of the units feature private garages and balconies. The core of the site is a landscaped courtyard that creates an intimate oasis in a dense urban setting. Evan provided design and construction document services for the project. Wheeler District Houses Wheeler is an emerging mixed use neighborhood in Oklahoma City, located on the site of the former airport. Evan developed housing prototypes for the project and created construction documents for a series of new houses. This work at Wheeler is on -going as they expand into their second phase. Briartown Cottages Evan participated in the design charrette for Briartown Cottages, a project funded by the Walton Family Design Excellence program. After design work was complete, Evan created a set of consistent construction documents from the work of various other architects. Construction of the Briartown Cottages was completed this fall. Page 951 of 1140 Final Civic Plaza Schematic Design and Renderings - January 2019 SCHEMATIC SITE PLAN 71 �r,� -- -- D1�1�STREET -S k '+ 70 �0ti WALTON ARTS CFNTFR BIRDSEVE KEY 01 • FLEXIBLE EVENT SPACE - HIGH PERFORMANCE LAWN �., :�ya1. 02-PROMENADE -03- ARTFUL STORMWATER pLy M • INTERACTIVE WATER COURSE OS - SHADED GARDENS Ofi - OUTDOOR CAFE SEATING 07- PERMANENT SCULPTURE r f 0$ BIKE TRAIL 04 • STREET PARKING I.: OPEN SHADE PAVILION 11 TWO STORY EUILDING POSSIBLE PROGRAM CAFE/GALLERY/01lCE5 12 - MULTI STORY BUILDING POSSIBLE ROGyRAM_ - OFFICE. MAKER SPACE - ART GALLERIES -CAFE/RESTAURANT MOTEL - PARKING UNDERNEATH 13-STAGE/OVERL00K ;p 14 • SPRING STREET PLAZA 15 - SHARED STREET ■ep so - WEST AVENUE CIVIC SPACE LARGE -MEDIUM -SMALL I PE11EOtpR►H¢E 4AIfBC1'l' rn.o xrrnc�nc. tairvwn T ri^T 'f' is [VENT s 00—T •! t f AH➢ PE4TR0➢AIB R vA 49,;�I r 1 '1_ 1#1 Ptl oil ..,. �� + T.' ITY ifT p. 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S:� per' —_ : •� �:..- 1 ... 5... S- Y MMI­ _iatic Design and Renderings - January 2019 - __� �.+5 ., Y- � � :'....... �..•n - yr -_ 4f R +. -- e -> o I d - - � .ate � �•� � � � e. I _K_ a 4 a6, AI *IA gip. Lk IN OFFICE OF THE CITY ATTORNEY Received by Kit W 10/11/22 at 2:44 PI\ DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Kara Paxton, City Clerk/Treasurer Paralegal Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney f' DATE: October 11, 2022 RE: Letter of Intent or Contract with Reindl Properties, Inc.? First, let me assure everyone that I am not opposed to whatever building the City Council may wish to authorize to be built on the south side of the future civic plaza which is now probably the most valuable, developable property in Fayetteville and all of Northwest Arkansas. Right now as the landowners of the Walton Arts Center parking lot, the City Council has full power to decide exactly what type of building (if any) should be constructed on the south side of the plaza and what type of business should be operated in this building to ensure the building and its operation would be in the best interests of our city and its citizens. The Mayor, Chief of Staff and the City Council Members in office in 2020 will probably remember the Letter of Intent presented to the City Council by Greg House concerning the Parking Deck. That was actually a true Letter of Intent as it clearly stated that no terms of the Letter of Intent were enforceable, but only presented as possible future terms for a future contract. The agreement titled "Letter of Intent" with Reindl Properties, Inc. has no such statement that it is not enforceable. Indeed, this "Letter of Intent" is loaded with numerous mandatory terms which either the City, Reindl Properties, Inc. or both must obey. These mandatory terms clearly make this a contract rather than an Letter of Intent. For example, paragraph 1 The Building of this agreement states in subsection: A. "Reindl will construct..." B. "the Building will be substantial..." C. "The Building will have three primary facades... All primary facades will be attractive, well-proportioned, and constructed of high quality materials..." D. "The Building shall be designed and built in substantial compliance with the drawings..." Page 956 of 1140 All of the bolded "wills" and "shall" noted above are mandatory contractual language. This is not the tentative language of an unenforceable Letter of Intent. This is the mandatory language of an enforceable contract, which is what this mislabeled "Letter of Intent" actually is. In Paragraph 6, Paikin , this "Letter of Intent" states that the "City agrees to lease or provide access to city's excess parking spaces... This places the contractual duty on the City to lease or provide access to "city's excess parking spaces." In Paragraph 9. Land Purchase A. "Reindl will purchase land for the Building hone the City in the approximate location as reflected on Exhibit G." Although the "exact legal description of the land to be conveyed shall be determined by a survey," the property to be sold to Reindl will be as shown on Exhibit G. So, despite that no legal description has yet been created, this "Letter of Intent" requires that the property to be sold will substantially mirror Exhibit G. Thus, this "Letter of Intent" controls one of the most important parts of any land sale contract, the approximate location and amount of property to be conveyed. B. "The purchase price for the land shall be the fair market value for the property as determined by a third party real estate appraiser..." The City must accept the appraiser's valuation and sell the property to Reindl for that amount even if we disagree. Thus, both the sale price (the to -be -appraised value) and approximate location and amount of land to be sold are permanently decided by this Agreement even though it is incorrectly referred to as only a "Letter of Intent." Finally, paragraph 14 Public Communication and Outreach Event requires that "Reindl shall present the design of the Building to... the general ,public for review and comment... within 4 weeks of acceptance of this Letter of Intent." This is too late for any meaningful public review and comments. The proposed Letter of Intent already requires that The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B, and C...." Once the Letter of Intent is accepted by the City Council, the Building's design and construction will have been decided and must comply with the designs shown on Exhibits A, B, and C. Later public comment cannot change the Building's basic design, location, size or construction materials. Any real and effective public input or comments about this proposal must come BEFORE the agreement on the building's design, location, size, and construction has been settled by this "Letter of Intent." 2 Page 957 of 1140 CONCLUSION With no language used in Greg House's earlier Letter of Intent that it is not enforceable to be found in Reindl's "Letter of Intent," and with all of the mandatory language and requirements within this document, this is clearly a contractual agreement regardless if mislabeled as a "Letter of Intent." This proposed agreement sets forth and settles the primary and most important terms and conditions for the development and construction of the Building. These may be potentially fleshed out by a few minor adjustments around the edges of the agreement, but no significant changes will be possible. Although the price of the land is not yet revealed, the City will be committed to accept the land appraiser's decision whether or not the City Council believes it is fair market value. There will be later, more detailed agreements for City Council approval, but these are mainly ministerial or technical because they must comply with the decision you make on this initial "Letter of Intent" which will control all later agreements. Your initial decision on the "Letter of Intent" (which could include major changes or clarifications required by the City Council before it is agreed to) is the only opportunity to control whatever commercial development the City Council may wish to see on the south side of the civic plaza for at least a century. Therefore, the City Council's decision should be very measured, careful and informed. That decision should follow, not precede the public notification, outreach, and comments about the design, size, location, building materials and allowed commercial uses for this building. The City Administration has worked long on this proposal as has Reindl Properties, Inc. But the City Council has its own powers, duties, and responsibilities to ensure that the City receives the best development benefiting the taxpayer funded Twelve Million Dollar plaza and our citizens as possible. The City Council should move not only carefully, but slowly to give citizens and businesses plenty of opportunity to review and publicly comment upon the many important parts of this agreement before it is approved. Page 958 of 1140 Received by Kit Willia *r 10/17/22 at 3:53 pm. DEPARTMENTAL CORRESPONDENCE OFFICE of THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Kara Paxton, City Clerk/Treasurer fodi Battier Paralegal Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: October 17, 2022 RE: Solving the Letter of Intent Issue The Reindl Properties, Inc.'s Letter of Intent v. Enforceable Contract issue could easily be resolved if this document included the '"Non -Binding Agreement" language used by Sage Partners in their January 14, 2020 "Letter of Intent for an offer to sell the below -referenced property (for the City's Parking Replacement Deck) under the following terms and conditions." Immediately above Mayor Lioneld Jordan's signature, this Letter of Intent states: "Non -Binding Agreement: "This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above." This Non -Binding Agreement language could easily be added to Reindl Properties, Inc.'s current proposed document which would then transform it into a real, non -binding Letter of Intent. At that point, the public would know what Reindl Properties, Inc.'s and the City Administrations proposed basic terms of Reindl's Page 959 of 1140 development would be. That would be the proper time for public outreach and input because the developer's and City's major proposals about the building's location, height, size, design, construction materials and uses will be known, but will still be open for any desired changes and modifications. If such Non -Binding Agreement language is rejected, then it is clear that Reindl Properties, Inc. and/or the Administration do indeed propose not a Letter of Intent, but an enforceable contract which decides all major development issues for this proposed seven story building. I should also note that Black's Law Dictionary, 11th Edition defines a "Letter of Intent" as "a noncommittal writing preliminary to a contract. A letter of intent is not meant to be binding and does not hinder the parties from bargaining with a third party. Without the addition of the "Non -Binding Agreement" language, the Reindl proposal is not a true Letter of Intent, but a mislabeled contract. Page 960 of 1140 III OFFICE OF THE CITY ATTORNEY Received by Kit 10/18/22 12:24 DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Kara Paxton, City Clerk/Treasurer Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: October 18, 2022 RE: Possible Issues in "Letter of Intent" with Reindl Properties, Inc. Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Every significant (multimillion dollar) development contract will have many considerations and terms that can substantially affect or influence the desires of the buyer and seller which usually have somewhat different perspectives and objectives from each other. The City and Reindl Properties, Inc. are certainly not "partners" in any legal or usual sense of that word, but that does not mean we cannot work together in both of our interests for a financially successful and publicly appealing and satisfying development project on the south side of the plaza. That being said, as Fayetteville City Attorney, I need to review the terms of the proposed agreement titled "Letter of Intent," but which as I pointed out in my earlier memo is actually a very enforceable contract. I will point out in this memo some terms that give me concerns that the City Council may wish to consider City Council Powers As Landowners of the Plaza The City Council now has the power to decide exactly what size and type of building you will allow the purchaser of City property to construct on that city property until the property is sold or legally committed to be sold. Once the Council agrees to the Letter of Intent as currently presented, its powers to make any changes in the design, size, height, location, or construction materials, in the Building will be gone. Prior to agreeing to the Letter of Intent, you may decide what specific uses of such building shall be allowed or even shall be required. Such requirements should be included in deed restrictions and thereby enforceable against the buyer and any later owners of this property. Once the Council agrees to sell the property by approving this "Letter of Intent" as currently presented, your opportunity for any further influence on the building's Page 961 of 1140 design, size, height, or location will be gone. There will be some later agreements that the City Council will need to agree to, but all their terms will be controlled by this "Letter of. Intent." No change of any significance could be required by the City Council. Thus, the City Council has this one chance to ensure whatever building it decides would be best for Fayetteville is built and what will be the best type of businesses to be allowed or mandated to be operated in it. That chance is now before agreeing to any Letter of Intent which is actually a mandatory contract in which the most important decisions will already have been made. The design, size, height, location and construction materials of the building will also be firmly and permanently authorized as depicted in the drawings which are exhibits to the Letter of Intent. I need to ensure you realize that Reindl Properties, Inc. does not have to agree to any changes that the City Council may desire to be made in the Letter of Intent. To succeed, this development agreement must be both financially sound for Reindl and very advantageous for the City and our citizens. Contract Terms that Need City Council Consideration The first paragraph of the proposed agreement "The Building " states in its subparagraph A: "Reindl will construct a multi -story Mixed Use Building (the 'Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. The Building may include other uses as necessary to meet the financial goals of the project. The following Use Units will be allowed, subject to City's approval." This language is somewhat unclear when the proposal states: "The Building may include other uses as necessary to meet the financial goals of the project... (but then states) "subject to the City's approval." The developer could argue that a certain use unit is "necessary to meet the financial goals of the project." Would the City Council still have the legal right (without paying any damages) to deny Reindl Properties, Inc's stated financial necessity of including one of these fifteen Use Units? This issue should be clarified before any contract is agreed to. The "hotel uses" in this "Mixed Use Building" could be very small and still comply with this Agreement. Requiring actual restaurants with outdoor service and dining serving areas would ensure the positive interaction with the plaza I thought that the City and City Council want from this building. If so, clarity in this agreement would ensure a primary reason for allowing such building on City property is actually realized. Merely allowing "hospitality spaces," provides no such assurance. 2 Page 962 of 1140 The City Council may wish to ensure that the architect's goal and drawing showing a roof -top restaurant/bar will actually be built and operated. As owners of this property, the City Council now has the power and right to require much more clarity about how the proposed Building will be used. You could require the construction and operation of the rooftop restaurant/bar as part of the agreement to sell. Once you have agreed to the currently proposed "Letter of Intent," most of such power and authority over this possible project will be lost. The currently proposed Letter of Intent does not actually require nor ensure that the proposed building will contain restaurants. Instead Reindl Properties, Inc. or its later owners may operate pursuant to any of the possible uses it desires within the fifteen broad Use Units identified in the first paragraph of the "Letter of Intent." Is that scenario okay with the Council? If not, the use units of the "Letter of Intent" need to be significantly limited and focused upon only the type of businesses desired by the Council to be carried out in the building. Before your approval of the proposed Letter of Intent (contract), you may even designate what uses would be allowed in different sections or floors of the building. For example, the City Council could specify that only hotel, bar, and restaurant uses will be allowed on floors two through six. You could specify that the restaurant area shown on the first floor on Exhibit F as "Restaurant" and "Cafe" operate as such eating establishments throughout the life of this building unless the City Council agrees to any proposed changes. The proposed Letter of Intent allows fifteen broad Use Units to be selected by Reindl Properties, Inc. for this building "to meet the financial goals of the project." You might deem some of these proposed uses to not be the best use of this City's most valuable, developable and impactful property. For example, the first Use Unit listed in the "Letter of Intent" is Unit 4, Cultural and Recreational Facilities. That Use Unit allows a crematorium and a mausoleum. Should those uses be allowed in what is supposed to be a large hotel with restaurants 'and retail shops? Why include such allowed uses which are incompatible to the hoped for project? I should note that the "Letter of Intent" may be interpreted to authorize Reindl or his successors to enjoy the authority of Use Unit 35, Outdoor Music Establishment as a use by right. This sensitive use has always been only a Conditional Use to be separately approved by the Planning Commission with any necessary time and date restrictions. Unfortunately, this "Letter of Intent" does not refer to Use Unit 35 as a conditional use and thus appears to make it a use by right with no conditions. As owners of the property, the City Council could and possibly should authorize the Outdoor Music Establishment Use Unit to be subject to the City Council's conditions concerning days allowed, periods of time allowed, more strict volume 3 Page 963 of 1140 controls than just the Noise Ordinance, etc. The City Council should retain the legal right to change those conditions by Resolution as part of the land sales contract and deed restrictions to ensure the City Council will always retain the final word on outdoor amplified music which could otherwise often dominate the plaza and disturb the plaza's ambience for many citizens. If requested by Reindl Properties, Inc., the land sale agreement and deed restriction could place an upper hourly time limit on nightly outdoor amplified music from the building's property to ensure hotel guests would not be disturbed after 10 or 11 P.M. or some other mutually agreeable time. This provision needs careful consideration and probably limitations to protect the public visiting the civic plaza. The whole paragraph one of this agreement should probably be redrafted. Controlling Outdoor Amplified Music from the Building toward the plaza is so important that I recommend that the Council issue and control the terms and conditions for such outdoor amplified music itself rather than initially allowing the Planning Commission to issue a conditional use permit pursuant to §163.10 Outdoor Music Establishments of the U.D.C. Liquor stores which are only allowed by a conditional use permit in many zoning districts also appear to be permitted by right to sell whiskey, wine and beer from the Building on the plaza by this "Letter of Intent." Even if the Council decides a liquor store is appropriate for the plaza, the City Council may want to limit the size and hours of operation for such liquor store because of its presence on the plaza. This would require more redrafting of this agreement. Paragraph 1. C. refers to the "to -be -vacated Spring Street right-of-way to the south..." Such right-of-way still seems very useful for the City for its firetrucks and other emergency services as well as more protected right-of-way toward the apartments just north of the railroad tracks. Why would the City vacate this right-of-way just to give it to Reindl Properties, Inc.?" Paragraph 6. Parkin of the proposal is certainly a concerning issue. The statement that the "hotel will create parking demand for those off-peak times..." is certainly suspect. Hotel guests normally check -in around 4:00 to 5:00 P.M. and thus need parking from then until check out in the morning. It is clear that virtually every hotel guest will need parking during the highest, peak demand for parking in the Entertainment District which is 6:00 P.M. until 2:00 A.M. Is it reasonable to assume that hotel guests will want to access valet parking to the far away Police Department lots south of the Town Center Parking Deck? With the public parking deck on Spring and School a short and easy walk from the proposed hotel, that inexpensive parking ($5.00 a night until 2:00 P.M. the next day) will be filled with hotel guests as well as hotel and restaurant staff before most diners would arrive Page 964 of 1140 to look for public parking. Fayetteville taxpayers who built that parking deck will find it filled as well as probably much of the on -street paid parking spaces near West Avenue. We will have saved the hotel developer millions of dollars by not having to build its own structured parking by allowing hotel guests and staff to monopolize what are now public parking spaces for citizens and visitors wishing to eat and drink in the Entertainment District. This proposed lack of adequate new private parking for hotel guests and restaurant and hotel staff is not a smart parking strategy for the City. This difficult issue needs considerable additional careful study before this agreement should be approved. Under Paragraph 8 Sustainability, the Reindl Letter of Intent speaks about its "building that lasts several hundred years..." This is obviously hyperbole, but it should highlight the long term consequences of the City Council's important decision about the choice of any development approval. Careful study of the proposed contract and its promised development is essential before any decision would be warranted. Paragraph 10. Infrastructure A. "Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer, to the Building site shall be evenly split..." (emphasis added) The City is constructing or paying Reindl to construct a publicly accessible bathroom attached to his building near his largest restaurant. Thus, extended water and sewer mains provide some benefits to the City. The newspaper reports that this seven story hotel may contain 134 rooms (each with a bathroom and shower). Of course, Reindl Properties, Inc.'s Exhibit F also shows two restaurants. Because of state fire codes, the proposed building will likely have to have a full building, room by room fire suppression water sprinkling system connected to a water main of sufficient size to supply this sprinkler system. So for far less than 1 % of total water and sewer needs, this contract places 50% of the costs to build the large water and sewer mains this Reindl building will need on the City's taxpayers. This is not illegal, but another current contractual requirement that may need City Council consideration. There is plenty of unused city property space southeast of the hotel and northwest of the Spring & West intersection on the plaza that could be used for the public bathroom. This stand alone facility could be served by inexpensive water and sewer service lines rather than expensive mains. It would also cost our taxpayers much less to build because we would not be charged a "pro-rata share of the cost of foundations, structure, roof and exterior walls as well as the electric, plumbing and HVAC equipment and service" of the seven story hotel as required by the current contractual requirement of the Letter of Intent. 5 Page 965 of 1140 A small single story bathroom near West Avenue would not need the massive foundation that a seven story hotel built over a creek would require. I am sure that the City's contractually required "pro-rata share" would not be as unfair as the 50% of the costs for the construction of the very large water and sewer mains to serve the seven story hotel when our bathroom would require less than 1 % of such services. However, building our own bathroom on our own land would avoid any disputes about what our fair pro-rata share should be and also make it clearer to persons on the Plaza that this is a public bathroom, not one for the hotel and its guests. COUNCIL DISCRETION REMAINS One final note, a committee composed of a single Council Member (Petty), some City Staff and others worked with the architects that presented drawings of possible designs of the civic _plaza to the whole City Council. At some point, the ad hoc committee apparently selected the design showing a large building on the south end of the plaza. I stand to be corrected, but I do not remember any design being officially approved by the City Council by a Resolution or other official action. If such Resolution does exist expressing the Council's decision to adopt the design showing the large building on the southern end of the plaza, I would very much like to see it. Regardless, the design of the plaza was certainly not part of the bond or ballot language for this project which would be the only way to make such design legally enforceable. Therefore, the current City Council retains full authority and discretion to support and authorize either the design presented with the "Letter of Intent," or any other design for the plaza south of the building site already conveyed to Greg House & Ted Belden including no building site on the south side. The allowed height, size, design, location and uses of any building allowed to be built on the southern portion of the plaza clearly remain within the current City Council's discretion and authority. G Page 966 of 1140 CONN R WINT RS 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 Received by Wade Abernathy 10/18/22 2:35 pm. Vicki Bronson I Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com cwlaw.com MEMORANDUM To: Susan Norton Wade Abernathy Date: October 18, 2022 Re: Letter of Intent with Reindl Properties, Inc. — binding effect I agree that the Letter of Intent is intended to be a document that is binding on the parties, assuming all conditions are met. The advantage to the City is that it has a written commitment from Reindl to move forward with the project. Otherwise, the City could spend many months working on this project with no commitment from Reindl to build the hotel and he could simply walk away. Likewise, Reindl does not want to spend time and resources pursing the project if the City could walk away at any time. Just like most agreements, there is the possibility the deal will not work out. For example, the City and Reindl might disagree over the final plans and specifications [Reindl might try to materially alter the proposed design and the City might not approve it], Reindl might not be able to obtain financing, etc. As far as the uses, final plans and specifications, those are subject to the City's approval through the PZD process. The purpose of the Letter of Intent is to have a document in place that sets forth the material terms of the agreement between the City and Reindl. If there are other terms the Council believes should be included in the document, we can easily add them. Sincerely, /s/ Vicki Bronson Vicki Bronson Conner & Winters, LLP I Attorneys at Law I cwlaw.com Tulsa I Oklahoma City I Northwest Arkansas I Dallas I Houston I Washington, D.C. Page 967 of 1140 2022-0919 Information submitted by Arts and Cultural Director, Joanna Bell, via email during the City Council meeting on 10/18/22. The Fayetteville Arts Council To: Fayetteville City Council From: The Fayetteville Arts Council: City Council member Sonia Harvey, Arts Council Chair Jessica DeBari 06/30/24, Chloe Bell, Arts and Culture Citizen -at -Large 06/30/25; Abby Hollis, Working Artist 06/30/25, Lara Hightower, Arts and Culture Citizen -at -Large 06/30/25; Robert Stafford, Working Artist 06/30/25; Dwain Cromwell, Working Artist 06/30/23; Emily Miller, Working Artist 06/30/24; Alexandra Vasile, Arts and Culture Citizen -at -Large 06/30/23. Date: 10/18/2022 Re: AGENDA ITEM REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE Comments: The Fayetteville Arts Council met with Rob Sharp this July to discuss arts integration in the planned hotel and civic plaza proposed for construction. The citizens of Fayetteville expect the arts corridor to serve as a cultural space that will enhance quality of life for all our citizens, not just visitors to our city. During our meeting with Mr. Sharp we were pleased that he was receptive to a series of proposed public/private art integrations which will ensure that the hotel and plaza mixed use spaces fulfill citizen's expectations for arts and culture. We are hopeful that some of the ideas discussed will be integrated into the project in a meaningful way. The first planned integration would be to form a specific "Ramble Hotel Artists Collaborative Committee" within the Arts Council, which would consult and advise on local artists who may display their work in the lobby gallery space of the hotel. A potential artist residency aspect for the hotel was also discussed, and we are eager to drive further discussion of the implementation of such a program. Rotating local artist installations were also discussed for dining spaces. We discussed the visual need for an artistic endpoint to the water feature of the civic plaza. Mr. Sharp expressed an agreement that this visual endpoint of a sculpture/installation/or fountain would make sense at the west point of the water feature. However, we have not been able to have a follow up meeting about where funding might come from toward purchasing such a piece. It is our recommendation that an artistic feature for this location be integrated in the civic plaza as a part of the final plan. The final part of the plan which we discussed is programming. We are so pleased that Mr. Sharp is planning to support performing art programming in partnership with and other local performance venues. We are hopeful to see more details about potential performance settings and schedules as an integral part of the mixed -use spaces. The Fayetteville Arts Council is broadly supportive where development projects enhance and provide opportunities for our local arts community. Page 968 of 1140 CONN R WINT RS 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 cwlaw.com MEMORANDUM To: Wade Abernathy Susan Norton Date: October 27, 2022 Re: Letter of Intent with Reindl Properties, Inc. — updated Received from Wade Abernathy 10/28/22 at 11:32 am. Vicki Bronson I Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com Attached is an updated Letter of Intent with Reindl Properties, Inc. The primary changes since the previous draft are as follows: 1. Language was added to Paragraph I to clarify potential permissible uses and prohibited uses. I say "potentially permissible" because the ultimate construction of the building and permitted uses is subject to City's regulatory processes. Updated language states the building must contain a minimum of one restaurant, cafe, or coffee shop. 2. Language was added to Paragraph 9(B) and (E) pertaining to the selection of an appraiser or appraisers for the land purchase and the easement property, if necessary. 3. Language was added to Paragraph 9(D) to clarify conditions required for the sale of City's real property to Reindl. 4. Paragraph 11 was revised to provide that Reindl is to complete the City Restrooms to a "white box" finish, with the City responsible for finish out by a contractor of its choosing. 5. Language was added to Paragraph 12 to clarify the City retains control of the Plaza and stage. 6. Language was added to Paragraph 16 to "beef up" the point that either party may terminate the Letter of Intent if the other party does not substantially comply with its obligations under the agreement. 7. Paragraph 18 was added to clarify the Letter of Intent may be modified by written agreement of the parties. Let me know if you have any questions or need additional information. Sincerely, /s/ Vicki Bronson Vicki Bronson Conner & Winters, LLP I Attorneys at Law I cwlaw.com Tulsa I Oklahoma City I Northwest Arkansas I Dallas I Houston I Washington, D.C. Page 969 of 1140 Received from Wade Abernathy 10/28/22 at 11:32 am. LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G ('the "Property'), the exact legal description of which to be determined by a survey and final agreement of the parties. The basic terms of the agreement are as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, including a minimum of one restaurant, cafe, or coffee shop. The Building may include additional uses as necessary to meet the financial goals of the project. The following Use Units may be allowed, subject to the City's prior approval in conjunction with the City's processes and procedures for considering and approving zoning, development, licenses, and permits, including conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, the following uses will not be permitted on the Property (the "Prohibited Uses"): crematorium; mausoleum; funeral home; furniture repair and refinishing; taxidermist; vape shops; body piercing/tattoo; gunsmith; animal hospital; animal day care; day care; bail bonding agencies; hospital; vehicle sales; convalescent home; boarding/rooming housing (other than is typically associated with hotel use); dormitory; fraternity/sorority housing; and slot car track. Any deed from the City conveying the Property to Reindl will contain a restriction against the Prohibited Uses and the restriction will be a restriction that runs with the Property for a minimum of 75 years. C. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, Page 970 of 1140 ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. D. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. E. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor -outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, cafe, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building containing a hotel will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City. 5. Benefit to Local Merchants and Downtown Business Owners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances local character. 6. Parking: Page 971 of 1140 Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to City's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loading and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 3 Page 972 of 1140 9. Land Purchase: A. Reindl will purchase the Property for the Building from City in the approximate location as reflected on Exhibit G. B. The purchase price for the Property shall be the fair market value for the Property as determined by a third -party real estate appraiser to be selected by both parties. If the parties cannot agree on an appraiser, then each party will select an appraiser and the two selected appraisers shall select a third appraiser. In that event, the purchase price for the Property will be the average of the three appraised values. C. Costs of the appraisal(s), surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the Property is specifically subject to the following conditions: (1) Reindl to have obtained a Building Permit from City that complies with the terms and intent of this Letter of Intent and pursuant to City's processes and procedures for considering and approving PZDs; (2) Reindl shall have complied with all other terms and conditions of this Letter of Intent; and (3) the parties' agreement on the form of the real estate contract. E. Reindl shall convey real property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use price. To the extent an appraisal is required under this paragraph, the appraised value of the easement(s) shall be included in the appraisal(s) conducted pursuant to Paragraph 9(B). F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. 4 Page 973 of 1140 C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms to a "white box" finish and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms as a white box finish and the storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City, and deducted from the Purchase Price at Closing of the real estate transaction. Reindl is responsible for completing and delivering the City Restrooms in a white box finish and City is responsible for contracting for and paying the costs to finish out the interior of the City Restrooms as it deems appropriate with a contractor of its choice. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12. Adjacent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. City retains complete control of the Plaza and stage. No use of the Plaza or stage is guaranteed; Reindl may seek permission to use the Plaza or stage utilizing the City's processes as required by any member of the public. Page 974 of 1140 13. Opportunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July 1, 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void and neither party shall have any obligations to the other party. In addition, if either party does not substantially comply with the terms and conditions of this Letter of Intent, the other party may, at its sole discretion, declare this Letter of Intent null and void, and neither party shall have any obligations to the other party. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty-four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for construction or construction estimates for the City Restrooms and storage space. The provisions for selection of appraisers contained in Paragraph 9B also apply to this Paragraph. 18. Modification. The terms and conditions of this LOI may be amended at any time prior to any conveyance of the Page 975 of 1140 Property to Reindl by a writing executed by both parties. CITY OF FAYMEVILLE BY: Attest: - 1 . Jordon, May)6r�, Oty of Fayetteville ` Date f TF',='f`i� City Clerk eU= FAYE i TEVILEE;;i mate � r REINDL PROPERTIES, INC. �rV,r��►� i�� By Brian Reindl, President, Reindl Properties, Inc. Date 7 Page 976 of 1140 FT V"AT mw IT,w lid moll ci. ri Ill simi 0110M Ism Nis A A2 EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL REICK CORBELING AT P ARAPIT AND BELOW SEVENTH STORY WINDOWS �PAINTED EIOEB CEMENT IN"%TRIAL %11TLR. DIVIDED L.I. HT WINDOWS _ RED Bi1CK VENEER VIEW FROM NORTHEAST BRICK CORBELING AT PARAPET AND BELOW SEVEFITN STORY WINDOWS INlIU5IRIAI III DIVIDED LIGNF WINDO RED RUCK VENI FAINTED FIBER CEMI ENAMEL -PAINTED STEEL STRUCTURE VIEW FROM NORTHWEST GREY BRIO% VENEER - ROOF TERRACE PRE -FINISHED METAL FANEI IT%TEM GREY BRICA VENEER CHARCOAL COLORED IRON SPOT BRICK VENEER `IN is _ALUMINUM FOAMED WINOOW& INAMEL.PAINTED ! STEEL SIOUCTU4I APED WOOD SLAT BAR GRATE CHARCOAL COLORED IRON SPOT BRICK VENEER _ALUMINUM FRAMED WINDOWS -STEEL BAR CRATE 01 Page 978 of 1140 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CHARCOAL COLORED LOON SPOT BOICX vINFEE STEEL BAR GRATE - ALUMINUM FRAMED W INDOWE PRE -FINISHED METAL PANEL SYS TE.M PRE -FINISHED METAL PANEL - SYSTEM VIEW FROM SOUTHEAST SIMULATED WOOD SLAT ` ALUMINUM FRAMED WINDOWS CHARCOAL COLORED IXON- SPOT BRICX VENEER SIMULATED WOOD SLAT PRE.FINISNED META I PANEL SYSTEM COVERED DROP.OFF- BRICK CORBELLING AT PARAPET AND BELO W SEVENTH STORY WINDOWS INDUSTRIAL STYLE --DIY IDED LIGHT WINDOWS _-RED BRICK PAINTED FIBER CEMENT 10 Page 979 of 1140 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine Theatre5quared Baum Grub's Walton Arts 11 Page 980 of 1140 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE + � I1�1L � i 1• � � �. � + Rq � y '� sj ------------ W. i r • -1 k h r• ' 12 Page 981 of 1140 EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES 01.11 01 1' 111.-0' SPRING STREET SIDE E 04 - 29 AUC 13 Page 982 of 1140 EXHIBIT G EXHIBIT G PDS9IBLE GREENWPY PLIGNNEMANO EP9EN£HY PROPOSED LOT SPLU DEVELOPER AGREEMENT JULY 10, 2022 aROP��� 14 Page 983 of 1140 Received by City Attorney Kit Williams 10/31/22 at 12:53 pm. DEPARTMENTAL CORRESPONDENCE OFFICE OF 'I'IIE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City rittornec — Blake Pennington Assistant Cify Attorney CC: Kara Paxton, City Clerk/ Treasurer Jodi BatkerA zrcadegrai Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director FROM: Kit Williams, City Attorney aa, DATE: October 31, 2022 RE: Council Member Sarah Bunch's question answered Why did the City receive only one response to our Request For Proposals to construct a building on the south end of the Plaza? Council Member Bunch's question deserves a direct answer as negotiations on Mr. Reindl's proposal continue. A year and a half or so ago, I heard that staff was considering issuing a Request For Proposals (RFP) for a potential building on the southern end of Walton Arts Center Parking Lot as part of the Plaza. I had already seen designs or plats that showed that Mr. Reindl owned the abutting property south of the building site which would be essential for access to any commercial building by food service and garbage trucks. No other independent entity could access this building through Mr. Reindl's property. Thus, an RFP process would be an exercise in futility as only Mr. Reindl could feasibly make a proposal. It could hardly have been a surprise when the Administration did submit a Request For Proposals that only Brian Reindl submitted a proposal. In order to allow anyone else an opportunity to realistically submit a proposal for development, the site of building would need to abut city right-of-way (West Avenue) just as the other building on the Plaza abuts Dickson Street. This does not mean that the City Council cannot negotiate a mutually beneficial development contract with Mr. Reindl even though no other developer can reasonably develop at that most southern cite. Page 984 of 1140 Received by Joanna Bell 11/01/22 at 10:58 am. The Fayetteville Arts Council To: Fayetteville City Council From: The Fayetteville Arts Council: City Council member Sonia Harvey, Arts Council Chair Jessica DeBari 06/30/24, Chloe Bell, Arts and Culture Citizen -at -Large 06/30/25; Abby Hollis, Working Artist 06/30/25, Lara Hightower, Arts and Culture Citizen -at -Large 06/30/25; Robert Stafford, Working Artist 06/30/25; Dwain Cromwell, Working Artist 06/30/23; Emily Miller, Working Artist 06/30/24; Alexandra Vasile, Arts and Culture Citizen -at -Large 06/30/23. Date: 10/31/2022 Re: AGENDA ITEM REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE Comments: Below is a correspondence sent to Mr. Rob Sharp from the Fayetteville Arts Council: Mr. Sharp, Thank you again for taking the time to meet with the Fayetteville Arts Council about your intended hotel project as part of the arts corridor plaza. We acknowledge the language incorporated in the letter of intent "Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art." Since listening to excerpts from the previous City Council meeting, we understand now that this letter of intent will function as a contract. For that reason, we would like to request that you incorporate more specific language about the role art will play in the planned structure. Since the bond project was pitched to the public as being focused on developing the arts ecosystem here, we feel that it is our role to ensure that art does become a part of the function of structures being installed in the arts corridor. This should not be an impediment to success, but rather a buoy. We have the example right here, with 21C Hotel, that if you make art the focus for a hotel, it can make it a destination in its own right. There are some key takeaways from our discussion which we are hopeful that you will include in the next iteration of your project going before city council. Specifically, we would want to make sure that Reindl does not just provide a location for public art display, but fully incorporates a space with gallery lighting, a small annual budget percentage toward local artists installations or residencies, and staff dedicated to proper handling and hanging of work. The Fayetteville Arts Council can offer our volunteer time by forming a subcommittee which will evaluate work for installation, but our hope is that Reindl can match that with hours from their staff for handling, installation, and de -installation of work. We also feel that it would be appropriate to ask that a minimum of 4 installations happen each year, with 4 accompanying openings. We would also like to request that more specific language be incorporated regarding where visual art and performing arts will be incorporated in the building. Regarding the lack of a visual endpoint for the water feature in the plaza leading up to the hotel, we are hopeful it is possible to incorporate language about a public/private funded partnership toward Page 985 of 1140 installing a sculptural piece at that point. If the city's arts and culture department can procure an amount toward that piece, we would ask that Reindl promise to make a matching contribution. The final point we believe needs to be addressed is parking. This was the sticking point that came up which stalled approval. Although it is not specifically arts related, we see the impact that it would have on the two large scale performing art spaces on West. We do feel that it would be beneficial to future arts programming at this site if the hotel did include a shuttle to and from nearby parking garages as part of its overall operating budget which could be offered to patrons who would like to see current exhibits at the hotel or used for guests on heavy booking weekends. Thank you so much for all of the hard work you are doing. We realize that this is a difficult process, but we are confident that if the arts become an integral part of the function of the hotel it will elevate the hotel's success and impact in the community. Thank you, Fayetteville Arts Council z Page 986 of 1140 Be OFFICE OF THE CITY ATTORNEY Received by City Attorney Kit Williams 11 /01 /22 at 12:46 pm. DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Kara Paxton, City Clerk/Treasurer Paraiegrzl Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director Vicki Bronson, Attorney FROM: Kit Williams, City Attorney DATE: November 1, 2022 RE: Improvements to "Letter of Intent" I would like to thank Attorney Vicki Bronson for her proposed improvements to the initial "Letter of Intent." I did not receive a copy until I returned to work on Monday. This new proposal is an improvement and certainly provides more clarity in paragraph 1. The Building A. However, when it comes to outdoor amplified music, I recommend that the City Council maintain for itself the full discretion for the hours, days and volume to be allowed (if any). Citizens visiting this expensive Cultural Arts Plaza could be adversely affected by outdoor amplified music played by the hotel or its restaurants even if limited to the Noise Ordinance maximums. I recommend removing "Outdoor Music Establishments" from paragraph 1. A. and creating a new 1. B. (and renumbering the remaining subsections) to read as follows: "B. The Fayetteville City Council retains the contractual and legislative right now and continuing after any conveyance of the Property through a deed restriction to prohibit or to permit within regulated limitations any hotel, restaurant, coffee shop, bar or business of or in the proposed Building related to the playing of amplified music or sounds audible on the Plaza on the days and times which, in the City Council's sole discretion, are in the best interest of the citizens of Fayetteville. This is not to be construed as a Condition Use Permit normally administered by the Planning Commission pursuant to the Unified Development Code. The City also retains the right to permit itself or others to play amplified music or sounds audible on the Plaza." Page 987 of 1140 If this would be administered as a Conditional Use Permit rather than a contractual right or deed restriction, any denial or approval of a permit could be easily appealed to Circuit Court for a judge or jury to exercise very broad discretion to decide when outdoor amplified music could be played. The City Council's preferences, determination, and decision on such normal Conditional Use request would be basically ignored and irrelevant if the Condition Use Permit is appealed to Circuit Court. I believe this Plaza is too important and its protection too vital to allow any entity but our elected City Council to control outdoor amplified music to protect the Plaza's audible environment for our citizens visiting and enjoying the Plaza. I also recommend that rather than accepting a weak commitment in the proposed amended Letter of Intent "of one restaurant, cafe, or coffee shop," the Council should require at least what Mr. Reindl offered in his Exhibit F: "Diagrammatic Plan of Ground Floor Spaces." (attached) Mr. Reindl's Exhibit shows a 3,000 square foot restaurant, a 2,000 square foot kitchen and a 1,340 square foot cafe. The only real interaction that most Fayetteville citizens visiting the Plaza will likely have with this proposed seven story building are its ground floor restaurants. Will Mr. Reindl not at least promise to construct the two restaurants that he showed on his own exhibit? I would delete the new one restaurant commitment and replace that language with, "include at least the restaurant, kitchen, and cafe substantially the size and location as shown on Exhibit F." Is that too much to ask? The parking issue has yet to be really solved. Allowing event space in the Building could more than double this parking problem. The Walton Arts Center, TheatreSquared, and the new Fayetteville Public Library all have modern, quality event space nearby in the Entertainment District. Why allow an additional, competing event space to be built on the Plaza with no parking and probably to the detriment to existing non-profit and public library event spaces? 2 Page 988 of 1140 EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES SPRING STREET SIDE 29 AU( 13 Page 989 of 1140 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G [`the "Properkv"1, the exact legal description of which_to be determined by a survey and final agreement of the parties. The basic terms of the agreement we- Jdare be as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. Including a minimum of one restaurant. cafe, nr coffee shop. Reindl's Intent is to use the Building primarily fora hotel, however. T-the Building may include other uses as necessary to meet the financial goals of the project. The following Use Units wj11 may be allowed, subject to the City's prior approval C oR.l in conjunction with the City's processes and procedures for considering and approving zoning, development, licenses, and perrrits,_kncluding conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, tile following uses will not be permitted on the+ Formatted: Indent: Left: 0", First line: 0.5", Space Property the "Prohibited Uses'T crematorium; mausoleum• funeral home= furniture repair and refinishin After: 12 pt taxidermist, vape shpps body piercInaltattoo& gunsmlth animal hospital animal day care; day care: ball bonding agencies; hospital vehicle sales; convalescent home; baardi_nrppmrng housing {other than is typically associated with hotel use); dormitor f ratemit sororit housing: and slot car track. Any deed from the City conveying the Property to Reindl will contain a restriction againstagaimt the Prohibited Uses and the restrictign wjil be a restriction that runs with the Property for a minlmum of years. &.C. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject Page 990 of 1140 Received by Rob Sharp through Susan Norton 11/01/22 at 2:10 pm. Questions Regarding Civic Plaza Hotel As of 1 November 2022 Where does the $50,000,000 Project Cost number come from? Answer: Please refer to attached document Estimated Project Cost, which has been compiled by Robert Sharp from discussions with Reindl Properties, Windsor Aughtry and C R Crawford. 1. Can delivery, emergency, and solid waste vehicles access the hotel building? Answer: Please refer to attached diagram Turning Radius and Access Diagram. Also, deliver vehicles, solid waste, and moving vans currently access the site on a regular basis. 2. Who would be the architect for the hotel portion of the project? Answer: At this point our short list is Renaissance Group, located in Memphis Tennessee https://rgroup.biz/ BGKT Architects, located in Memphis Tenneessee https://bgktarchitects.com/ LPB Architects, located in Atlanta Georgia http://www.lpbatlanta.com/ 3. What brand of hotel will this be? Answer: We have not selected a brand at this time. The hotel will be of good quality and the exterior design and public spaces of the hotel will be of exceptional quality as shown in the renderings and exhibits. Exterior materials and details have been carefully documented to assure the quality of the proposed building. Questions Regarding Civic Plaza Hotel, Page 1 1 November 2022 Page 991 of 1140 4. What is the capacity of the Meeting Rooms? Answer: After discussions with our consultants, we have determined that we need to be able to accommodate an event of 200 seated people. This requires about 4,000 square feet of space for the ballroom and ancillary spaces. 5. What is the restaurant service schedule? How many meals will be served? Answer: The service schedule, decor, and menu have not be determined. The Downtown and Entertainment District have multiple dining options that already exist. We will work to complement the existing culinary scene. 6. Will there be a Fitness Center or Swimming Pool? Answer: There will be a Fitness Center. There will not be a Swimming Pool 7. What would be the Parking Requirements for this building if Fayetteville required commercial uses to provide parking? Answer: Please refer to attached document showing Maximum Parking Allowed as per the Unified Development Code 8. How will employee parking be managed. Answer: The managers of the hotel will participate in any Downtown or Entertainment District employee parking program. We understand that encouraging and facilitating employee parking out of the "hot box" is good business. 9. How will the Valet Parking program work? Answer: We have proposed an agreement with the City of Fayetteville to lease spaces from them that are under-utilized. During the week, the Spring Street parking structure has excess capacity. During the Questions Regarding Civic Plaza Hotel, Page 2 1 November 2022 Page 992 of 1140 weekend, the downtown has excess parking capacity, particularly on Mountain and Rock Street Lots. Reindl Properties will create a valet parking program that will move the cars as necessary. The success of the hotel depends upon accommodating guests that arrive by car. Please refer to Valet Parking Diagram, attached to this document. 10. Does the City of Fayetteville have design authority over the Public Restrooms? Answer: Yes. 11. Will Reindl Properties have their own Landscape Architect? Answer: They will have their own Landscape Architect and Civil Engineer. These professionals have not been selected yet. 12. Who will pay to construct the bicycle trail? Who will pay for the easements for the bicycle trail? Answer: The Letter of Intent states that the City of Fayetteville will construct the trail and pay for the easement. The original RFP showed the bicycle trail being built on public property within the Civic Plaza. Reindl Properties has proposed selling an easement that would allow the bicycle trail to be built on its property so that the park could be expanded. Please see attached diagram from the RFP. 13. Who will operate the hotel? Answer: A management company has not been selected at this time. We are leaning heavily towards Hospitality America, Windsor Aughtry's management partner. 14. Does Reindl Properties have a contract with Windsor Aughtry at this time? Answer: There is not an agreement at this time. Once the Letter of Intent is accepted by the City of Fayetteville, agreements with professionals, consulants, and investment partners can be pursued. Questions Regarding Civic Plaza Hotel, Page 3 1 November 2022 Page 993 of 1140 15. How many jobs will be created by the hotel? Answer: We estimate the following number of jobs will be created by the hotel: 45 employees total 20-25 employees for am shift 8 employees for pm shift 2 employees for overnight 16. Where will trash and recycling be located? What about loading facilities: Answer: These service areas will be located on the west side of the hotel building. These areas are below the level of the bicyle trail and will be screened from view. 17. How will the hotel effect the Upper Ramble in terms of shade? Answer: Please refer to attached document Sun Study for seasons of the year and times of day. Questions Regarding Civic Plaza Hotel, Page 4 1 November 2022 Page 994 of 1140 Estimated Project Cost, Civic Plaza Hotel Hotel Rooms, Lobby, and Support Spaces Meeting Rooms, associated spaces Restaurant, Cafe, and Bar Lease Spaces, Ground floor and Upper Levels Total Project Area Basement Parking Total Building Construction Cost Architecture, Engineering, Testing Fixture Finishes and Equipment (FF&E) Land Cost Project Cost 134 rooms $ 400.00 per sq ft 642 sq ft per room 86,028 sq ft $ 34,411,200.00 $ 300.00 per sq ft 4,000 sq ft $ 1,200,000.00 $ 400.00 per sq ft 4,350 sq ft $ 1,740,000.00 $ 250.00 per sq ft 18,000 sq ft $ 4,500,000.00 112,378 sq ft 32 stalls $ 50,000.00 each $ 1,600,000.00 $ 43,451,200.00 $ 1,000,000.00 $ 3,550,000.00 $ 3,000,000.00 $ 51,001,200.00 Page 995 of 1140 LOADING AREA AND SOLID WASTE DASHED GREEN LIT INDICATE BACKING MOTION DASHED BLUE LINES INDICATE FORWARD MOTION W MEADOW STREET ni TURNING RADIUS AND ACCESS DIAGRAM SCALE: 1" = 60'-0" CIVIC PLAZA HOTEL COURTYARD BUILDING & BLOCK L L C 100 W. CENTER ST. I STE300 FAYETTEVILLE I AR 1 72701 PHONE: 479.442,0229 E-MAIL: rob @ s h a r p a r c h. n et Page 996 o Maximum Parking Allowance, Civic Plaza Hotel Hotel Rooms, Lobby, and Support Spaces 134 rooms 1 per Guest Room 134.00 parking stalls Meeting Rooms, associated spaces 200 seats 0.25 stalls per seat 50 75% 37.50 parking stalls Restaurant, Cafe, and Bar 4,350 sq ft 100 sq ft per stall 44 75% 32.63 parking stalls Lease Spaces, Ground floor and Upper Levels 18,000 sq ft 250 sq ft per stall 72.00 parking stalls Gross Parking Transit Proximity Reduction Bicycle Parking Reduction Motorcycle and Scooter Parking Maximum Parking Allowed Basement Parking Off Site / Valet Parking 276 parking stalls 15% -41.42 parking stalls 10% -27.61 parking stalls 10% -27.61 parking stalls 179 parking stalls 32.00 parking stalls 147 parking stalls Page 997 of 1140 w Dickson st �11 z r W Diuksopj st ch u Clic_ks<m St I___ -1 1 The + r Arts _ I - _ St Paul's - -- Dicks ri Center �`"� I � — r- - i J I I Episcopal D k'U Wlaitsiciet I r� i I s - -Ch Urch — L' Parking Sunday through Friday14 -� HOtel afternoon, except for 500 ticket- 2 sale WAC events. -_-- f-prino_St - 235 stalls - Evergreen- 141 L t ur? _ A o Towers I P .. center - St. I I Ch. Moore"S �ilc�fi�f I - of Christ A s ad -Well Sit J i 0.43 miles, 2 minutes by car, 2 minutes and 20 seconds by e-scooter or e-bike w �Idtl]kiili St �1 Parking Friday evening through i �— — Sunday. Evening parking during the 100 stalls week during WAC events ' n ry 1 MNF 4-; J 55 stalls i es by car, econds by e-scooter or e-bike Diagram of Off -Site Valet Parking Locations, City of Fayetteville Owned Parking Page 998 of 1140 '41- 0 0 ' 2- a,+ � � • � � ` ,�� � �� � �� � � , ,+ § 2 ! < \.�/............. - \\•§... , . 2d - ��- � � .. v . 1po wpm ^� m \ ,., r,. \ r � f � ) � I . req e,q 1� Well \\� 9-0 oil \!� \ ."off «\� � y� y Alf ppp- p I L . 71V A r 9 L A -Pw,1- 1; - " ppp-- -.,q OIL OWN 100 01S 0 V-1 Oil 44 ;000* 7�, - �, AAA 000 Tel .r n ?I u.;000 ur Olt I� po r ,} oil Q KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY kwilliamsC'fayetteN,ille-ar.goN, Blake E. Pennington Assistant City Attorney bpennington Cwfayettevi lie -ar.gov Jodi Batker Paralegal Phone 479.575.8313 Vicki Bronson Conner & Winters, LLP 4375 N. Vantage Drive, Suite 405 Fayetteville, AR 72703 Re: Letter of Intent Amendment Dear Vicki, November 2, 2022 113 W. Mountain Street, Suite 302 Fayetteville, AR 72701-6083 vbronson@cwlaw.com Last night the City Council amended the Letter of Intent to add the "Non -Binding Agreement" language I provided to them from an earlier (2020) Letter of Intent presented by Sage Partners. I have provided this memo to you in Word so you can insert this language as the last paragraph of the Letter of Intent as unanimously agreed by the City Council. After the City Council amended this language into the Letter of Intent, they passed the Resolution approving the amended Letter of Intent and authorizing Mayor Jordan to sign this amended Letter of Intent. The City Council made no other amendments to the Letter of Intent. Please send the properly amended Letter of Intent to City Clerk Treasurer Kara Paxton for the Mayor's signature. I believe the passed Letter of Intent will be a good starting point to create a binding contract. I like most of your proposed changes to the original Letter of Intent which can hopefully find their way into the new contract with Reindl Properties, Inc. along with other possible changes I have suggested. Thank you for your work drafting the Letter of Intent. With kindest regards, Kit Williams Fayetteville City Attorney Cc: Mayor Kara Paxton, City Clerk/Treasurer Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director Page 1008 of 1140 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G ('the "Property"), the exact legal description of which to be determined by a survey and final agreement of the parties. The basic terms of the agreement are as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, Including a minimum of one restaurant, caf6, or coffee shop. The Building may include additional uses as necessary to meet the financial goals of the project. The following Use Units may be allowed, subject to the City's prior approval in conjunction with the City's processes and procedures for considering and approving zoning, development, licenses, and permits, including conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, the following uses will not be permitted on the Property (the "Prohibited Uses"): crematorium; mausoleum; funeral home; furniture repair and refinishing; taxidermist; vape shops; body piercing/tattoo; gunsmith; animal hospital; animal day care; day care; bail bonding agencies; hospital; vehicle sales; convalescent home; boarding/rooming housing (other than is typically associated with hotel use); dormitory; fraternity/sorority housing; and slot car track. Any deed from the City conveying the Property to Reindl will contain a restriction against the Prohibited Uses and the restriction will be a restriction that runs with the Property for a minimum of 75 years. C. As befits its prominent location, the Building will be a substantial and attractive 1 Page 1009 of 1140 building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. D. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. E. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor -outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, caf6, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building containing a hotel will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City. 5. Benefit to Local Merchants and Downtown BusinessOwners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances 2 Page 1010 of 1140 local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to City's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loading_and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. 3 Page 1011 of 1140 D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 9. Land Purchase: A. Reindl will purchase the Property for the Building from City in the approximate location as reflected on Exhibit G. B. The purchase price for the Property shall be the fair market value for the Property as determined by a third -party real estate appraiser to be selected by both parties. If the parties cannot agree on an appraiser, then each party will select an appraiser and the two selected appraisers shall select a third appraiser. In that event, the purchase price for the Property will be the average of the three appraised values. C. Costs of the appraisal(s), surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the Property is specifically subject to the following conditions: (1) Reindl to have obtained a Building Permit from City that complies with the terms and intent of this Letter of Intent and pursuant to City's processes and procedures for considering and approving PZDs; (2) Reindl shall have complied with all other terms and conditions of this Letter of Intent; and (3) the parties' agreement on the form of the real estate contract. E. Reindl shall convey real property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use price. To the extent an appraisal is required under this paragraph, the appraised value of the easement(s) shall be included in the appraisal(s) conducted pursuant to Paragraph 9(B). F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and 4 Page 1012 of 1140 sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. B. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. B. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms to a "white box" finish and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms as a white box finish and the storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City, and deducted from the Purchase Price at Closing of the real estate transaction. Reindl is responsible for completing and delivering the City Restrooms in a white box finish and City is responsible for contracting for and paying the costs to finish out the interior of the City Restrooms as it deems appropriate with a contractor of its choice. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12.Adjac:ent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, 5 Page 1013 of 1140 TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. City retains complete control of the Plaza and stage. No use of the Plaza or stage is guaranteed; Reindl may seek permission to use the Plaza or stage utilizing the City's processes as required by any member of the public. 13. opportunities for PublicArt: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, Including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July 1, 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void and neither party shall have any obligations to the other party. In addition, if either party does not substantially comply with the terms and conditions of this Letter of Intent, the other party may, at its sole discretion, declare this Letter of Intent null and void, and neither party shall have any obligations to the other party. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty-four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for 6 Page 1014 of 1140 construction or construction estimates for the City Restrooms and storage space. The provisions for selection of appraisers contained in Paragraph 9B also apply to this Paragraph. 18. Modification. The terms and conditions of this LOI may be amended at any time prior to any conveyance of the Property to Reindl by a writing executed by both parties. 19. Nonbindinf; Agreement. This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. CITY OF FAYETTEVILLE BY: rdan, Ma ity of Fayetteville Attest: City Clerk ireccSttp oje REINDL PROPERTIES, INC. f q Date ,�r►1►�,F,RkC 1 TRH,+�ii G\TY p�• FAYETTEViLLE ; y BY . hllnlelo.Z,2 Brian Reindl, President, Reindl Properties, Inc. Date Date 7 Page 1015 of 1140 13111A ails, Nos NON EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL SIMI COBIILINO AI FAEAFET AND "tow 1I VINTM 4101tT WINDOWS I VIEW FROM NORTHEAST BRICK CORIILINO AT FARAFET AND Bit** 1FVtNIu II tl!* WINDOWt INDUSTRIAL 11 TL1.. DIVIUID %10"t WINDOWS KID BRICK VFNIIB— FAINIF6 i1i11 CIMINI SNAMII-FAINTED _ _ STIIL ETRUCTURS FAINTED 11,11IB CEMBNT IND431fIAtiT LI. DIVIDRD IKON? WINDOWS T40 BRIG VBN11■ OBIT BRICK VINIIR^ 1.000 TIKRACR INISNED MitAt +hl�r L I'ILTSM �i RiV RSICt YIN}II IOOI TlR RAtE r rlp+ COLO11D it nn •.•,.i BRICK AIUMIMMM FRAMID WINDOwl KNAMIL•l AINIRU M 1/111 111tUCIUII --11MVIAII6 WOOD EIAT --Mitt BAR DRAT! CIIARC..i.Al COLORED I■UN %fol BRICK VINEBR AsUMINUN FRAMID WINDOWS _161111 IAI ORATI FRI.IINISMBD RIVAL FANIL ,MISS 11MULA1B0 WOOD LIM VIEW FROM NORTHWEST 9 Page 1017 of 1140 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CNA E COAL COLORI IRON SPOT ERIC VENEI lSSIlmL[.Nd'"li ALUMINUM f RAMfn WIN DOWE ►RE•F I NISNED METAL FANEI I'SIEM VIEW FROM SOUTHEAST CHARCOAL Cot 01ED LION SPOT IRICR VENEER COVEIED DROP -CFO ma 0 10 Page 1018 of 1140 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine Theatre5quared Baum Grub's Walton Arts 0 11 Page 1019 of 1140 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE 12 Page 1020 of 1140 EXHIBIT F; DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES R b i a., — H-Y ICMWAR 09.7f AUK Ir______--- ______w — OUMOORIIVING FOR MGM 18M SQFT 1 - IINFAU DICK OV@MIEAD fi51AVRN41 M, "I ALONG YIMIbING _ 1'IIC4{fl tome J .wasoi, j � � Y�insurr I aaN rc+reucres Arran+ ]9CD iOlf a _ iliVkl[W' k14 OROP bROPG? {€LST_V fSI'-4 69-U .. (I ).A4k[1.VrUlt i ¢ SPRING STREET SIDE 13 Page 1021 of 1140 EXHIBIT G EXHIBIT G EM&WLN" TO Is �ERUL p ANif DaNtIs"AT Jt. y',r.4• - �MEACImC NIEFo i I 1}IIP91 "II ALK w.a I<ISNxILL-NNAv ALi NNEVTANOE"EMEVT PAOMI04LOT 9) R DEVELOPER AGREEMENT DULY 19, 2022 EAlsnea _ .•••.. PROPERTY LINE LMS V 9YCRK I OR Cmt E, iPR[,Y, CEY.IY.INCIgN 14 Page 1022 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1169 TO: Mayor Jordan and City Council THRU: Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director Susan Norton, Chief of Staff FROM: Kylee Hevrdejs, Planner DATE: September 28, 2023 SUBJECT: VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. RECOMMENDATION: Staff recommends approval of VAC-2023-0010 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. BACKGROUND: The subject property is located in downtown Fayetteville, west of S. College Ave. The property is zoned NC, Neighborhood Conservation and contains approximately 0.19 acres. The property is currently developed with a 1,012 sq. ft. single-family home constructed in 1940. Request: The applicant proposes to vacate a portion of an existing water/sewer easement as indicated in the attached exhibits and totaling approximately 0.3 acres, or the west ten (10) feet of Lot 7. In exchange, the property owner will dedicate the west ten (10) feet of Lot 6 which is the actual location of the sewer line. DISCUSSION: The applicant submitted the required approvals with no objections, though with the added conditions as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Request Letter (#6), Petition to Vacate (#7), Survey (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1023 of 1140 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1024 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1169 VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. AN ORDINANCE TO APPROVE VAC 23-010 FOR PROPERTY LOCATED AT 33 EAST 4TH STREET IN WARD 1 TO VACATE A 0.19 ACRE PORTION OF UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or necessary relocation of existing facilities will be at the applicant's expense; and 2. The western 10 feet of lot 6 must be dedicated as an easement to retain a 20 foot easement for the existing sewer line. Page 1 Page 1025 of 1140 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1169 File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0010: Vacation (33 E. 4TH ST./BERQUIST, 523): Submitted by ALAN REID & ASSOCIATES for property located at 33 E. 4TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to vacate a utility easement containing 0.03 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 1026 of 1140 VAC-2023-0010 1 33 E. 4TH ST EXHIBIT 'A' Close Up View oQ - NEvsox _MARTIN KING JR Neighborhood Link Urban Center Unclassified Alley Residential Link ~ Planning Area _ ! Fayetteville City Limits I _- _ I Design Overlay District W Q W t� W J J O V Feet 0 75 150 300 450 600 1:2,400 M C-IJO UTH-ST RSF-18 ,J& NORTH RSF-18 RW Downtown General Neighborhood Conservation Page 1027 of 1140 CORRESPONDS WITH ARA JOB #23178 SURVEY DESCRIPTION - AREA OF EXISTING TWENTY (20) FOOT WIDE UTLITY EASEMENT (WATER/SEWER) TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT SEVEN (7); THENCE S87°13'35"E 10.00 FEET; THENCE S02°39'25"W 142.45 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SEVEN (7); THENCE N86°35'28"W 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT SEVEN (7); THENCE NO2°39'25"E 142.33 FEET TO THE POINT OF BEGINNING. Page 1028 of 1140 k is�g�}E & ASSOCIATES PROFESSIONAL L; AND SURVEYORS August 15th, 2023 City of Fayetteville Planning & Engineering 125 W. Mountain Street Fayetteville, Arkansas Re: EASEMENT VACATION REQUEST 33 E. 47H STREET, FAYETTEVILLE, AR 72701 Dear City of Fayetteville Planners/ City Council: On behalf of my client, Richard Berquist, I am submitting for your review a proposed. utility (sewer line) easement vacation. The existing easement covers the East ten (10) feet of Lot 6 and the West ten (10) feet of Lot 7, Block 3, Jennings Addition to the City of Fayetteville, Arkansas. The actual location of the sanitary sewer line is entirely within Lot 6, a twenty (20) foot wide lot. My client is asking the city to vacate the East ten (10) feet of the existing easement which resides in Lot 7. In return, he will dedicate the West ten (10) feet of Lot 6. This will enable the city to retain a full twenty (20) foot wide easement which encompasses the location of the existing sewer line. Please contact our office for any questions regarding the project. 479.444.8784 Best regards, " 1�• V A n Reid Professional Land Surveyor Alan Reid & Associates 118 S. College Avenue Fayetteville, Arkansas 72701 47S 444 8784 arasurveying@sbcglobal.net Page 1029 of 1140 PETITION TO VACATE A PORTION OF A CITY OF FAYETTEVILLE WATER / SEWER EASEMENT LOCATED IN A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, (33 E. 4TH STREET, FAYETTEVILLE, AR 72701 / Washington County Parcel ID 765-07024-000) To: The Fayetteville City Council We, the undersigned, being all the owners of real estate abutting the easement hereinafter sought to be abandoned and vacated, located within in a part of lot numbered seven (7) in block numbered three (3) in Jennings addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows (please see attached drafted survey for a visual): SURVEY DESCRIPTION - AREA OF EXISTING TWENTY (20) FOOT WIDE UTLITY EASEMENT (WATER/SEWER) TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED THREE (3) IN JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED ON THE RECORDED PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT SEVEN (7); THENCE S87013'35"E 10.00 FEET; THENCE S02039'25"W 142.45 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SEVEN (7); THENCE N86°35'28"W 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT SEVEN (7); THENCE NO2°39'25"E 142.33 FEET TO THE POINT OF BEGINNING. That no other abutting real estate is affected by said abandonment of the water / sewer easement and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated this day of /z 2023. Richard Berquist (Berquist Trust, u/d/t March 12, 2004 Printed Name Signature Dated this-7—day of l '�L 2023. 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OWN O O _QmKmN Wm �w11m a Wm NIW OF2�� tiOWaY�LLraw, Q CO �OQNp� zKJ>>Woo�ZzHWOw YWIipMJN W UOwm� WOO\ }} F ZZH�� W F2KFW �N �WNMNOZWXNoJ0NWo.i. nomQ�Om �DQQ>oO QNlzWmNi On0d-dHd�NQ WOZ¢YOW_Uw�O �F Npp wUIoWWitiZ�� OnndH>�NQ Q �OQwO�. HNwmQ� nfFoNI o`SJ° QZQ¢.xoYK�WipQo� ¢ WOpFWmNopOo 4 wQ MKw .F z Z W ZIm,O I mz z N mKZCwa�N�vZWmWo�il Nk.dwNx OmZSWKowoOY StiZo QZWJO Q>]W O =Qoz OH O Qw '¢¢wO 0 zOpOQ OJ OQwZ Nm��OK0z°OmN'M mNx\�NQ�Ii003roNiwWt n�~OOpZzNzo�- o zaw oQzW FzSr z wm� >FmorZLLa z =iOO wwz ooKZYmzoJ Q o FIN O3 w NaWMo OwOm 0XQYO O/lU XQQ O np WW 0OWr Z z00 HWNm 0Q Hzm m 21Z mz~w m W M) omzm OF o N 1i m � Eo¢�a 3w t5,omz � O -zo >a�oN � �zrUz> > a i O. o�oowow c ¢� 3xHo ::rmI Page 1032 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1164 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager DATE: September 27, 2023 SUBJECT: VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): Submitted by CEI ENGINEERING ASSOCIATES for property located at 4089 N. SHILOH DR in WARD 3. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.37 acres. The request is to vacate three separate utility easements containing 0.17, 0.19 and 0.002 acres. RECOMMENDATION: Staff recommends approval of VAC-2023-0008 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. City of Fayetteville Engineering Division must review and approve new utility construction and new utility easement dedications required to offset these requested vacations. 2. Any damage or necessary relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property, west of 4089 N. Shiloh Drive, is in north Fayetteville, just south of the Northwest Arkansas Mall. The east side of the property in question was recently redeveloped with an office and retail space along the N. Shiloh Avenue frontage. A large multi -family project with approximately 200 units was recently approved for the 6-acre portion of the site to the west (LSIP-2023-0001). Request: The applicant proposes to vacate three separate utility easements as indicated in the attached exhibits and totaling approximately 0.36 acres. These easements require vacation to develop an approved large site improvement plan for multi -family housing. DISCUSSION: The applicant submitted the required approvals with no objections, though with the added conditions from franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1033 of 1140 ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate (#7), Survey (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1034 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1164 VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): Submitted by CEI ENGINEERING ASSOCIATES for property located at 4089 N. SHILOH DR in WARD 3. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.37 acres. The request is to vacate three separate utility easements containing 0.17, 0.19 and 0.002 acres. AN ORDINANCE TO APPROVE VAC 23-008 FOR PROPERTY LOCATED AT 4089 NORTH SHILOH DRIVE IN WARD 3 TO VACATE THREE UTILITY EASEMENTS TOTALING 0.36 ACRES WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described utility easements are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of utility easements as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. The City of Fayetteville Engineering Division shall review and approve new utility construction and new utility easement dedications required to offset these requested vacations; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. Page 1 Page 1035 of 1140 City of Fayetteville Staff Review Form 2023-1164 File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/29/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2023-0008: Vacation (WEST OF 4089 N. SHILOH DR/CLAUDE SHILOH LLC, 135): Submitted by CEI ENGINEERING ASSOCIATES for property located at 4089 N. SHILOH DR in WARD 3. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.37 acres. The request is to vacate three separate utility easements containing 0.17, 0.19 and 0.002 acres. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 1036 of 1140 vac-zozs-000s 1 4089 N. SHILOH DR EXHIBIT'A' Close Up View w Q J J Q JOYCE BLVD 1p� AA&I %NORTH Neighborhood Link Regional Link - High Activity Unclassified Residential Link ~ Planning Area _ ! Fayetteville City Limits — — — Trail (Proposed) I _- _ I Design Overlay District Feet 0 75 150 300 450 600 1:2,400 C-2 Community Services Page 1037 of 1140 EXHIBIT'B' UTILITY EASEMENT 1 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing utility easement per Document Number 2005-00015104 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7; THENCE South 02°06'58" West, 354.41 feet to the north line of said existing utility easement and the POINT OF BEGINNING; THENCE along said north line, South 87°43'46" East, 375.04 feet; THENCE South 02°01'13" West, 20.00 feet; THENCE North 87°43'46" West, 372.55 feet; THENCE North 05°04'02" West, 20.16 feet to the POINT OF BEGINNING and containing 7,476 square feet or 0.17 acres, more or less. WATER/SEWER EASEMENT 2 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing water/sewer easement per Book 880 Page 300 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7,- THENCE South 38°19'28" East, 250.14 feet to the north line of said existing water/sewer easement and the POINT OF BEGINNING; THENCE along said north line the following five (5) courses: 1. South 88°14'16" East, 20.00 feet, 2. South 01°45'43" West, 18.58 feet; 3. North 81°44'43" East, 177.26 feet, 4. North 81°50'36" East, 66.73 feet; 5. North 82°19'55" East, 129.54 feet, THENCE departing said north line, South 07°43'17" East, 20.00 feet to the south line of said water/sewer easement; THENCE along said south line the following three (3) courses: 1. South 82°16'43" West, 134.45 feet; 2. South 82°09'24" West, 26.26 feet; 3. South 81°44'43" West, 236.47 feet to the west line of said water/sewer easement; THENCE along said west line, North 01°45'43" East, 42.42 feet to the POINT OF BEGINNING and containing 8,325 square feet or 0.19 acres, more or less. Page 1038 of 1140 UTILITY EASEMENT 3 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing utility easement per Plat Book 7, Pages 89 and 90 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7; THENCE South 60°03'47" East, 333.41 feet to the south line of said utility easement and the POINT OF BEGINNING, THENCE departing said south line, South 82°03'05" East, 32.82 feet; THENCE South 03°17'07" West, 4.27 feet to said south line; THENCE along said south line, North 74°43'58" West, 33.44 feet to the POINT OF BEGINNING and containing 70 square feet, more or less. Page 1039 of 1140 pq CEI Solutions for Land and Life August 28, 2023 City of Fayetteville Planning Department 125 W Mountain Street Fayetteville, AR 72701 To Whom It May Concern: Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 3108 SW Regency Parkway Bentonville, AR 72712 Office: 479.273.9472 Toll -free: 1.800.433.4173 ceieng.com Regarding the easement vacations located on N Shiloh Drive in Fayetteville, Arkansas: CEI has previously submitted project PLA-2023-0025 and would like to add the three easement vacations. Please see attached legal descriptions, exhibit, and future site plan with re-routing. If you have any questions, please let us know. Respectfully submitted, CEI Engineering Associates, Inc. Dustin Riley, PS #1618 Page 1040 of 1140 CEI Solutions for Land and Life 08-23-2023 PETITION TO VACATE TO: The Fayetteville City Planning Commission and The Fayetteville City Council Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 3108 SW Regency Parkway Bentonville, AR 72712 Office: 479 273.9472 Toll -free: 1.800.433.4173 ceieng corn We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Section 23 Township 17 North, Range 30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: See attached legal descriptions and exhibit, including site plan That the real estate affected by said abandonment of the easement used will not affect public interest and welfare adversely. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said water and sewer easements, and that title to said real estate sought to be abandoned be vested and as to that land the owners be free from the abandoned portion of the easement. II' I i 1� I Owner �0e, l- i-- Page 1041 of 1140 EXHIBIT "A" UTILITY EASEMENT 1 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing utility easement per Document Number 2005-00015104 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7; THENCE South 02°06'58" West, 354.41 feet to the north line of said existing utility easement and the POINT OF BEGINNING; THENCE along said north line, South 87°43'46" East, 375.04 feet; THENCE South 02°01'13" West, 20.00 feet; THENCE North 87°43'46" West, 372.55 feet; THENCE North 05°04'02" West, 20.16 feet to the POINT OF BEGINNING and containing 7,476 square feet or 0.17 acres, more or less. EXHIBIT "A" WATER/SEWER EASEMENT 2 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing water/sewer easement per Book 880 Page 300 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7; THENCE South 38°19'28" East, 250.14 feet to the north line of said existing water/sewer easement and the POINT OF BEGINNING; THENCE along said north line the following five (5) courses: 1. South 88°14'16" East, 20.00 feet; 2. South 01°45'43" West, 18.58 feet; 3. North 81°44'43" East, 177.26 feet; 4. North 81°50'36" East, 66.73 feet; 5. North 82°19'55" East, 129.54 feet; THENCE departing said north line, South 07°43'17" East, 20.00 feet to the south line of said water/sewer easement; THENCE along said south line the following three (3) courses: 1. South 82°16'43" West, 134.45 feet; 2. South 82°09'24" West, 26.26 feet; 3. South 81°44'43" West, 236.47 feet to the west line of said water/sewer easement; Page 1042 of 1140 THENCE along said west line, North 01°45'43" East, 42.42 feet to the POINT OF BEGINNING and containing 8,325 square feet or 0.19 acres, more or less. EXHIBIT "A" UTILITY EASEMENT 3 VACATION A part of Lot 7 of the Concurrent Plat of Northwest Arkansas Mall to the City of Fayetteville according to Plat Book file number 024A-00000405 also being a portion of an existing utility easement per Plat Book 7, Pages 89 and 90 both in the Public Records of Washington County, Arkansas, also being part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 17 North, Range 30 West and being described by metes and bounds as follows: COMMENCING at a chiseled X found at the northeast corner of said Lot 7; THENCE South 60°03'47" East, 333.41 feet to the south line of said utility easement and the POINT OF BEGINNING; THENCE departing said south line, South 82°03'05" East, 32.82 feet; THENCE South 03°17'07" West, 4.27 feet to said south line; THENCE along said south line, North 74°43'58" West, 33.44 feet to the POINT OF BEGINNING and containing 70 square feet, more or less. Page 1043 of 1140 aoz � 3 � sesuejjy'Ajun0Ou0l2uiyseM'ajjina7;aAej10AID ffj J0 HOTHS N LOZb :)lj 'SIU@W}sanuI SAEM - 3 }iq!gx3 uoileDeA }uawase3 i2 01. LL o s 0 m IS t w x 0 _ U ti W o y a OZ w a a h Page 1044 of 1140 r ­­WMN­3NM­W ECLZL NV 311IA31 3AVJ NO HoWS N Soo, —ma MtwaY 1 C13NMO 33AO1dW9 013 ONIN33NION3 CT WN JMWI am NM:130Z 3SVHd)avivjmn1N ONV IlV13H NVQy S1N31N18VdV 3onvio 3HI U4VdViOOJLN3W30VNVW AM it v U.1 0 N CN 9 EE R-H H H. 51� ui III HiR z XB f", w 0 H5 lmfm.� < I -91 -MjHlfi 0� 5 113 'M 199 JH w w N 0 i fl. V fli, H 0 M w �.'u 11, SO != ;a 9ze<im -H i 7 W L3�sw< ��: � MH.�. § HHH-111H go oF Whill .1 It HIM ffl ofil'i o z M Rig 2 Own- ti 106 z IR, 9tiffsIH 0 i z W 26 H 10, 1 m H N LLI C.) z 0 N 2 N C� C) w F- 0 Z 4 i z z W > 0 0 0 0 w Z" 02 0 C 0. 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The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. RECOMMENDATION: Staff and Planning Commission recommends approval of VAC-2023-0009 as shown in the attached Exhibits Wand 'B', with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A partial vacation shall be approved to remove the existing structure from the platted right-of-way, and to enable a future connection to still be made from E. 11th Street to E. 12th Street. 3. An easement for SWEPCO must be retained in the northeast corner of the site, approximately 20 feet wide by 15-feet deep as shown in the provided exhibit. BACKGROUND: The subject property is in south Fayetteville and contains two separate parcels that are owned by the Fayetteville Housing Authority and total approximately 0.40 acres (765-03340-000 and765-03340-002). The site is developed with two three-family structures that were built around 1996. Those structures are existing non -conforming structures since the property is zoned NC, Neighborhood Conservation, a single-family residential district. A quit claim deed was filed in 1995 to close an existing 10-foot alley through the center of the property and a 20-foot street right-of-way along the eastern property line, but neither were formally vacated by the City Council. Request: The applicant proposes to vacate 0.054 acres of right-of-way that currently makes up a 20-foot wide alley right-of-way along the eastern property line. DISCUSSION: At the September 25, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request with a recommendation of approval, with conditions. After being asked by Commissioner Payne, the applicant verbally stated that they agreed to the condition requiring the approval of only a partial vacation. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1047 of 1140 Commissioners offered little additional comment, finding in agreement with staff's recommendation. In the interim, staff received notification from a different member of the applicant's team, one who had not attended the meeting, that they still intended for the request to reflect a vacation of the right-of-way in its entirety. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Applicant -Requested Exhibit A (#4), Applicant -Requested Exhibit B (#5), Planning Commission Staff Report (#6), SWEPCO Utility Approval - 280 E 12th Street Vacation (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1048 of 1140 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1158 VAC-2023-0009: Vacation (280 E 12TH STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of alley right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of alley right-of-way described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or necessary relocation of existing facilities will be at the property owner/developer's expense. 2. Only that portion of alley right of way encroached upon by the existing structure shall be vacated to ensure a future connection can still be made from East 1 Ith Street to East 12th Street. 3. If the entire right of way is vacated, a general utility easement shall be retained in the northeast corner of the site, approximately 20 feet wide by 15-feet deep as shown in the SWEPCO Utility Approval exhibit attached to the Planning Department's agenda memo. Page 1 Page 1049 of 1140 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1158 File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0009: Vacation (280 E 12TH STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 1050 of 1140 VAC-2023-0009 280 E 12TH ST EXHIBIT 'A' Close Up View 10TH-ST w v a o LU P-t D RSF-18 Willow Bend Walkway O M J LL Q NC �� !' �TH ST Subject Property w w Q w O 0 ~ w O J Z J am = tU 12TH-ST > LU Q C O nG 13TH PL 13TH•ST _ 13TH•ST 1L�(p IY H 1 � Y 1� N 1 a 1 1 Walker Park Connector 1___:�IELLA-S �RTH T Qi Unclassified Alley Residential Link Planning Area - - Fayetteville City Limits — — — Shared -Use Paved Trail - - - Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 RSF-18 RI-U RMF-24 Downtown General Neighborhood Services - Ltd. Neighborhood Conservation P-1 Page 1051 of 1140 GIs Approved 08/28/2023 Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd Addition to the City of Fayetteville. Page 1052 of 1140 CITY OF FAYETTEVILLE V0.111F ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: September 25, 2023 Updated with results from 9/25/2023 PC Meeting SUBJECT: VAC-2023-0009: Vacation (280 E 12T" STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. RECOMMENDATION: Staff recommends forwarding VAC-2023-0009 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2023-0009 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville and contains two separate parcels that are owned by the Fayetteville Housing Authority and total approximately 0.40 acres (765-03340-000 and765- 03340-002). The site is developed with two three-family structures that were built around 1996. Those structures are existing non -conforming structures since the property is zoned NC, Neighborhood Conservation, a single-family residential district. A quit claim deed was filed in 1995 to close an existing 10-foot alley through the center of the property, and a 20-foot street right-of- way along the eastern property line, but the alley and right-of-way were never fully vacated by the City Council. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential/Undeveloped NC, Neighborhood Conservation; RI-U, Residential Intermediate, Urban South 4-family Residential NC. Neighborhood Conservation East Mulit-Family Residential DG, Downtown General West Single -Family Residential/Undeveloped NC, Neighborhood Conservation Proposal: The applicant proposes to vacate 0.054 acres of right-of-way that currently makes up a 20-foot wide alley right-of-way along the eastern property line. DISCUSSION: City of Fayetteville staff recommends in partial favor of the request. From a land -use planning perspective, staff finds that maintaining the right-of-way serves the public interest by contributing to a compact, complete, and connected neighborhood (Goal #3). There is a cluster -housing Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELc1�4RO)053 of 1 140 Paqe 1 of 14 development to the north that is using a portion of the alley right-of-way to provide vehicular access to their property, and maintaining the full 20-foot alley would allow for a full connection from E. 1111 Street to E. 12' Street. Further, the Walker Park Neighborhood Master Plan which was adopted in 2008 shows the alley being used to provide connection through the neighborhood. However, some function of the right-of-way may have been lost in 1996 when building permits were approved following the filing of a quit claim deed to abandon the right-of-way. The property owners acted in good faith that the right-of-way had been abandoned, and have historically received a clean title with every transaction. Also, according to the applicant, to rededicate right- of-way to the east represents an administrative hurdle due to the nature of the property's operation as a Section 8 project that would require additional approval from the Office of Recap with HUD. Granting this, and recognizing the current barrier that the existing right-of-way puts on the property, staff recommends in favor of a partial vacation. A portion of the alley should be vacated to relieve the existing structure of the burden of the right-of-way, but enable the possibility of a future connection to align with larger City goals. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. Utility Response Cox Communications Any damage or relocation of existing facilities will be at the property owner/developer's expense. AEP/SWEPCO No objections, provided an easement in retained in the northeast corner of the site, approximately 20 feet wide by 15 feet deep, as shown in provided exhibit. Black Hills Energy AR AT&T Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling Transportation No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. No objections and no comment. No objections and no comment. Public Comment: Staff has not received any comment on this item. RECOMMENDATION: Staff recommends forwarding VAC-2023-0009 to City Council with a recommendation of approval. Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELJI�111)054 Of 1 140 Paqe 2 of 14 2. A partial vacation shall be approved to remove the existing structure from the platted right- of-way, and to enable a future connection to still be made from E. 11th Street to E. 12th Street. 3. An easement for SWEPCO must be retained in the northeast corner of the site, approximately 20 feet wide by 15-feet deep as shown in the provided exhibit. PLANNING COMMISSION ACTION: Required YES Date: September 25, 2023 O Tabled CKForwarded O Denied with all conditions as Motion: Brink recommended by staff, Second: Payne including the partial vacation condition. ote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • Applicant Petition to Vacate • Site Exhibit — ROW to be vacated • Additional Applicant Exhibit — Adjacent Right -of -Way • Staff Exhibit o Walker Park Neighborhood Illustrative Plan 0 1111 Street Cluster Housing Development — Approved Plan o Quit Claim Deed - 1995 • One Mile Map • Close-up Map • Current Land Use Map Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELJI�111)055 Of 1 140 Paqe 3 of 14 Dear Fayetteville Planning Commission, I am asking for a formal vacation of a closed street located on a portion of 276, 278, and 280 E 12th St Fayetteville, AR 72701. Currently several feet of an apartment building lies on a portion of Willow Ave. The Street (Willow Ave) was properly vacated on the south side of 12th Street which also a part of the 18-unit complex, but it seems there was error somewhere in filing and the north portion of the street did not get added. It has been this way since 1997. This portion of the street has been conveyed with the whole of the property, through several different owners over the years with clear title. The FHAD INC is choosing to correct this administrative mistake from the past for the next owner. We ask that the city officially vacates this closed street in order to rectify any errors. Respectfully, Tania Mahoney -Vazquez Executive Broker Collier & Associates Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELJI�111)056 Of 1 140 Paqe 4 of 14 PETITION TO VACATE A (street right-of-way) LOCATED IN (lots 6 & 7, block 2, subdivision Burl Dodd Addition), CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of-way (Willow Ave) hereinafter sought to be abandoned and vacated, lying in (lot 6 & 7, block 2, subdivision Burl Dodd Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows: (Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd Addition to the City of Fayetteville. That the abutting real estate affected by said abandonment of the street right-of-way (Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd Addition to the City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described street right-of-way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 24th day of August , 20 23 . Printed Name Z�//' iL Signature Derrek Sherburne Printed Name Signature Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELJI�111)057 Of 1 140 Paqe 5 of 14 N g g n T� Ay ion ad CEgT��i � 4 - ! m� mPOP �A 0 'Ell N w ��` ��m A ��oS ya N$z ss ge A S31tl10°�' A < "fig tiI �' g s --- ------------ -- moo - � 8 N �� � �g � 0%cs'ziao� L 1 � J -R 98 = oho 1awmMy,a �� mm2 �� � 57.89' _ L2 57A GUDEA OAI F QPOS't$ NOP05'19'E o �'^ o i 3 g Ain.n M z �— 'IXISTING R/W m _. 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Ek ---�- asa--- zo-�ni m�mg�ozy��i f-sSm= �smoo zoo _ Sg 62 oNo Nsm o� -i 1. z z —.� 1' i a� C N nZ -i o o %%%Ill fill,,rq upui B 1 1 . . 6�! - - ri :� `•' O~� `z $,o �; Dozy •.�7 •r�'a `\\ o P�-' o Dy 1 I is mAAo F. oN o 5 ' aonr.'axm A Norio lillllllll\ , m� I 1 _ oyxx D�a<� lj _ ` _ III �om4 oq� N� I 1 GS—��Yl~o ~^ Jra N z a HDPO'iSl4 11b.%i RPRP� — I�inm N 1 m WILLOW - 0 RE VACATED) we (n N oNS �� 115.75 gosh NS00'07'57'W o R.� �� "soap �vsi I I l l i l om►•eleeeee®Feo+,e®•+�® S ail o Ao r n 2 s O Ha �� 46a�' eo a fl �T" 9 a C3 I a:i QHS-20A>m mm g m A€ m4-iiio � am"'p 1 o�tt®oa®+1eo<x0 oomoos ore gym~ �� IIIIIIIII'4�a$s Z om��= � xameO®gsO��e�+mm000#oo-e 0 n m� �gm ���d`t �"mm�g�4�v;�£§s� �°■I, it•1Y � n 1 1 Hill p1 1.0 Planning Coq mission SeptembeF2f�Q®1058 Of 1140 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 6 of 14 3AV—M S— °- lC Z Z C '3AV N019NIHSVM -9 ` � °! Z q < i - - 3 QLStI M16bC.ZpS � N i 3 -2 r 'JNIOl�nO I I aq '4 I 7 e APPLICANT r - a PROVIDED o ='� EXHIBIT � I 8® I I ®H O i �wmine I � I qC � - _ c5 3 T -N 'r r=w-i•=i i=r-i ri-�-r_ _r_ _r_r-r-w_tfM 3.i:A -- — — —— Aon °z °i a° pz�T J �° z o N z °° "� °32 g v rdco ° 0 4 C w i°kj°cz:� ZO adIff �'� - oo zz September 25, 2023 VAC-2023-0009 (FHA DEVELcf�#RW)059 of 1 140 Paqe 7 of 14 i AMW 46 40-* Tayve e ARKANSAS � • a r • "� J L�U�� � qlC `tr'�-•s \ eI '�s7 f� ��O �Q clp - - V 1 n G fj d• V 1 - waLz • '} - Z��4 s•sa �•.. �o War eoaa, - - ���--��—I t _ ..a R „ g� ylr, aa- � ��jz��j fj] 1 .- WALKER PARK NEIGHBORHOOD o Existing Building N ILLUSTRATIVE MASTER PLAN Pvun•svd Building Existing Civic Building FAYETTEVILLE, ARKANSAS ..... Study Ama Boundary SEPTEMBER 2007 • I.: _M lid, I'll S Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELJI�111)060 Of 1 140 Paqe 8 of 14 PO�N µ,o M M M A A M H H cn w C O Z D LL O d U O 3 1I1I M�YI aa`� `'� �H wgq yiia3* Pe'� CD (~/3 ly im = U //J�\ .z 1{IIIgbNIHII � { -� m CD z � �/ o ZD O 2 — -- — t- -- 1. z < u3 U N ® O ¢Z¢ RtD e gp5� 4 & r ^w Eg I - } _ c - - - - - - - - - a- ---------- Hui z S Y 5 � �e�' M'Jtl9135901A5 �o � � 3os o � �m 5 3 o ¢�o VieEn - 5 s m� m � 4— El ego =z< as esl a F� a =a — ww mtx_ s�oto Eby ai " M� y 7, I � o�m� €_--_ s d�d mLLy� o m 3AV N019NIHSVM S s �o X w O LLz CC gim_ 0 Q N Mg- -Won Z O o LL o3�w Q o m3 �$ Z �m~y s n dLL o September 25, 2023 VAC-2023-0009 (FHA DEVELcl�#RW)061 of 1 140 Paqe 9 of 14 FILED FOR RECORD '95 FEB $ AN 9 -2 i ,1 , FORM NO eRG , f 0[.ARS 2 CO A!!- 7/NI i l II ,;, ,QUITCLAIM DEED "i-I „111^u_.4•194;JMARRIED'PERSONS KNOW ALL MEN BY THESE f PRESENTS: a r ;, . r ,, t ,. + •� t THAT WE, t.......... ............. - -- ______________________ __ .___ __ _._____, husband and wife, GRANTORS, i -- - --- - - - - -- ------- ---- - 1 ; for and in consideration of the sum of?e_&--00/100--- --------+-- DOLLARS, ; Chris her Adams Dodie Adams, G. Davis, 1 00 in hand paid b �--•-------- •-------.................... ••-- --'--- _—and -Peggy-L.-_Dayis�-as point • tenants. with_ ri-ght of _survivorship__ GRANTEE-.-_ , the receipt of which Is hereby acknowledged, do hereby grant, convey, sell and quitclaim unto the rl: ,. '. 11, a'? L said GRANTEE S_- , and unto, t..h._e?' heirs, and assigns forever, all ._._ P..-._ __.___.. right, title, interest and claim in and to the following lands lying in --_Yas 1i29ton "County, ! V. ............................... Arkansas A ten , (10) foot Alley' h,lies,East,of, Lots Nimibered, 4, and 5„ and West, of Lots Numbered 6 and 7, and a Twenty (20.0) Foot Closed Street, know as' Willow Avenue, which lies Fast of Lots'Nuanbered 5 and 7, all-•in'Block•ZWo (2),in,Berl Dodd Addition,to the C3.ty of,Fayetteville, Arkansas, as per plat on file in the office of the"Circuit Clerk and Ex-Offici.o Recorder of Washington County, Arkansas. .i � � � n1 i. 'rt.r Llrn •r .� 7 7 � ','.,� „ a 1 , ,E ". � � �„i ?1\f " I ,I ArST RN TO: I ' HtAITAM TITLE & CLOSING CO. 1p1 N, COLLEGE- `r Ei TEVILLF, nh 72703 ; t� i To have and to hold the same unto the said GRANTEES.., and unto ___._?x ...... heirs and assigns forever, with all appurtenances thereunto belonging 1't (7-P if - - - - ------... -......... -•-..... ------------------- ---------------- -------------- -------------- -------------------- ------------- - - - - - - = - - - - -=- - ------ I it y And we, the GRANTORS, _—_—__.-----.-----_._----_.__-__--------�--_-_-_.------:____-_------- `--- t d i for and in consideration of the said sum of money, do herebyirelease and relinquish unto the said 1 GRANTEES_ , and unto ---- _ heirs and assigns, all our rights and possibility of dower, , curtesy and homestead in and to the said lands. i 1 95 ! ' WITNESS.__-Qux:____hand.s.and�seal_--on this _3.�_-_ day ofF,__�?�zY__-________-____.;iX9.__._... , (� 'i--.-•-I, •-•-•- i I y500S663P,IanningjCl mission "Septembe 5, 2023 ni i VAC-2023-0009 FHA DEVEL Page 10 of 14 of 1140 U ii� ! �� ACKNOWLEDGMENT STATE OF ARICANSAS County of^Washington_, - ) ! Xi%is day,Maxi mi n' - -�S. ----- .........._.....--' - i 5 personally appeared before me .._______________o_Wa j " and El�izeth Wages _____ ? ` , _- :J �_ :_`_: known tome to be the persons whose names are ! 0! ,Subscribgthot',the within instrument and iacknowledged that they executed the same for the purposes y �! therein 6aiifed:, I i WI to my hand and official seal this _3rd------- day of __...ram' ............ ....... . My common &pires t E ! + f ------'---r,_7 ei_;a �_'�' 4J r - •il ri ,e t(i' i „ Notar-,y Public. , .. .._. ._ .ltt,•I�;l, ; .. t'i ,. a „,, uX•,n,• I' , , - `r '� - , JI1,-, 91fV„ `,f1• ttdl:,., J..i•r ,t 1, , , °.•u.i: X., '' ' I ,Jr ; rl� 1.-, JY.iV Gr. ,� .bul rLit,}t +1(C.t..,t '� "r„ .f •l.r��', � i'I ims HIM, V94.101 ,T1iL'^. ;j 'j i'. X,'il ,i 1, ,ir P;i vl`r. ,F,,iJ=. vd,,',,i t,'NJi iJ i•r .'1•4JJ STATE OF ARKANSAS, { •, p U. ,1 I'J! SS. ,.t: �i 4r,�t; °J '9 :91"rl ' r r ,, �i. County of .. _ _ _ r7-CERTIr[CATE Or'RECORD' 4i a•J,'Zl .' , :e ,,u,rr•:lul ,t,i,iJ I „J ti IrrJ,ri I„ r J I, -- • • • - --• • -- - -- - - Circuit Clerk and Ex-Officro Recorder t for the County aforesaid,•do hereby certify that thPannexed'and foregoing instrument°of writing+was filed for (i} "' I ,'_ ' „+ J ,, ',. i .Jtlo in ;;kl „ 11 %fl' [,I LX , rYi; ,,, , ! 1 i record in my office on the .. _. _ __ ..._: _ _ day, of, _ . _ _ . _c . • _ . _ . .. A D ,1'9 _ at. .. _. o'clock .. _.! .' I X', Fund the same is now duly recorded; with the'aeknowlcd jmentland certificates } } r 1 ,J° t.•ff, Jt.iw l., !'jf'JJIJ.r} l,1 -it..J I thereon, in "Record Book . _ ... ---_..._..._ ,' Page ._ _ ... } i IN WITNESS WIiEREOF, I have hereunto set my hand and affixed the sea] of said Court, this . day of _- _ ._...---... — _... , 19 Circuit Clerk and Ex-Officio Recorder v` 1 r,,, I j� By - - - _ _ ... _ -- - - D.C. ° J r•� it id' ,ty i'il,::S; i ir, •,J°' •.. I' �l; �•>.i U,' JlLi^ f : •�` 1;l r.'j it Jr C'.i lr 11:G ,.- .! l 1J,r .,,, J ir.. iJ.Y' ,' ,'3.f' F,• ' ,! � ' '� 95006664 ' to t'J I ij - ! � - ._ o. --_ _•. - - - - -' � _ .' ' l�'i' 11j h "t •, � 7 .•°,, , r. � � a �. : iJ, ' Idt, c , i�i:: :�: ° rs ;'i;Js1Lr;{•gJ2 ' syr i , I • �', � , I n,l� }' ,yt,,., J , , ,, .L-I , , in P. w } ' � ,,,o ,. X, } ,Ji, �o ni0 , 3uwiX' 1 r•h - t � , .' �, . r�, 'r ! il� ti(7 } f'1 j! i � j t � . JC7,;, r, ' � JiJ + '1,•r is J41 .b,``,'i X4.'rL•i M. 'rr � I � I i ';IIj,41-r'� IT , �rii ,• fl1 il'1. IJ,.., 1 t r t Q J e�. � � ',X �F• ',i,� � I �i a �4rf'iS9lUt� �i I t j I d ' �I (7 ° I' Planning Commission r'— September 25, 2023 VAC-20230009'(FHA D,EVELC5;#W)063 Of 1140 Page 11 of 14 VAC-2023-0009 280 E 12TH ST One Mile View NORTH � L 0.13 0.25 0.5 Miles �o 4) � RSF-4 1 I 1 MARTIN LUTH_E — KING JR BL� RPZD —_ ■ ■■— H TSVILLE+RD Subject Property CS N i ' , I `♦ 11 ♦ 1 1 " 1 1 DG 1 1 1 P-1 r r loll 15THtST Q MSC 1 i �1 1 C-2 O 1 _ ♦ R A RMF-24 i RSF-8 —,' zI 19TH ST C_t IR_12 Zoning IM I-2 Generel Ird—ial Regional Link — — — RESIDENTIALSINGLE-FAMILY E%TRACTION Neighborhood Link = N% E-1 RI-U COMMERCIAL Regional Link - High Activity M RI-1z Residential-01r. Urban C¢nl¢! � NI C-1 �—Wan YeI Agrlcu - M C8 Unclassified I— RSF-.5 �C3 _ RSF-1 FORM BASED DISTRICTS Alley _ — — — — RSF-2 1M Downtown Gore Residential Link his MUrean Tlw—hlxre RaF-� Maln sheet Center RSFA Planned Neighborhood Link I� ❑ RSF-18 �Co .unity serviwa m Shared Use Paved Trail RESIDENTIAL MULTI -FAMILY Neighbor— a arvkas Trail (Proposed) RMF-e M Ndq,l, h—Cons —t- - M RMF-12 PLANNED ZONING DISTRICTS Design overlay District I _ _ _ _ RMF-is I M colnlnaRial.lnanamal. Raaiaantial Planning Area =1- RMF-za INSTITUTIONAL — 1 Fayetteville City Limits _ _ _ _ , M RMF-ag P 1 wl Planning Area -- INDUSTRIAL Fayetteville City Limits g RI Gemmerclal and Light lnduatrial anninq Uommission VAC-2023-0009 (FHA DEVELcf�#RW)064 of 1 140 Paqe 12 of 14 VAC-2023-0009 280 E 12TH ST Close Up View 10TH-ST 03 w v a o LU P-1 > RSF-18 Willow Bend Walkway rn OJ LL Q NC Subject Property w w Q w O c7 � w O J Z J = tU 12TH-ST > Lu Q C O nG 13TH PL 13TH•ST _ 13TH•ST 1L�(p IY H 1 � Y 1� N 1 a 0 1 Walker Park!:�jj Connector ; — NS-L NORTHJ N ELLA�ST Q� Unclassified Alley Residential Link Planning Area - - Fayetteville City Limits --- Shared -Use Paved Trail - - - Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 RSF-18 RI-U RMF-24 Downtown General Neighborhood Services - Ltd. Neighborhood Conservation P-1 September 25, 2023 VAC-2023-0009 (FHA DEVEL(JI�111)065 Of 1 140 Paqe 13 of 14 VAC-2023-0009 Current Land Use ORTH LU PA Y /20 Ifi f r n Walker Park and Single -Family ResidentiF _ $ ' 'f` Sin le-Famil and g ywMulti-Family Residential- 77n, 13TH ST ..Vlfllk Single -Family Residential and Residential Agriculture �. I W. W"M,L FAN E 12 05143CO220F r. eff:15TH'ST 8 Regional Link- High Activity FEMA Flood Hazard Data Unclassified Alley 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1'3'600 anninq Commission September 25, 2023 VAC-2023-0009 (FHA DEVELCI�111)066 Of 1 140 Paqe 14 of 14 UTILITY APPROVAL FORM FOR ALLEY OR STREET RIGHT OF WAY VACATIONS DATE: 22 23 UTILITY COMPANY: ('e4 I kz'T APPLICANT NAME: FIAAO N L APPLICANT PHONE: (Q 0 Iq � J REQUESTED VACATION (applicant must check all that apply): 1 — `� Z-� 0 Utility Easement qa0A'- t I/Y1eYv���j� R Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. V Alley b""" Street right-of-way I have been notified of the petition to�vacate the f(olllowing (alleylsstreet right-of-way), described as follows: General location / Address EO 5t ��(1 1)�n � T a <N() � , 1? 41^- <�;+ ck�v�Il , A 77-7D ❑ (ATTACH legal description gUd graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s) described above, and no comments. No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Sep atF-'VA Svr.4 ❑ No objections provided the following conditions are met: Signature of Utility Company Representative 651�r Title Page 1067 of 1140 FERREI .Tr OF SURVEY AND ACCURACY' I HEREBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A TRUE AND CORRECT SURVEY AND THAT THE MONUMENTS HAVE BEEN PLACED AS STATED HEREON AS REQUIRED BY THE SUBDIVISION REGULATIONS OF THE CITY OF FAYETTEVILLE. ARKANSAS. DATE srpTTA�R , ason .1 xt sitiac � gym' w-a,.Xl.yoo I zam xc I I I I =S lASNI AVE I FAY'TWvu1, M 72.1 x aalai-000 H. I I I n7TOa. MI I �mn�m Tc O0 I S. WASHINGTON AVEy (ASPHALT, EXISTING 40' R/W) (MSP RESIDENTIAL LINK 32' R/W) 1 I R/W-- J REGISTERED LAND SURVEYOR/ PROFESSIONAL LAND SURVEYOR CITY OF FAYETTEVII I F ■ yFI7DFlGTE OF OWNERSHIP t OEDIC�NON: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNFRSMP, ALL STREETS AND ■ ■ ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLISHED HER IS THE RIGHT OF INGRESS AND EGRESS TO o SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. 1 ��,Pc■ 1u1,.es�led DATE OWNER C Il i K W=sTA - �jtG1AAM� I� n[� AD• TRACT 'B' no I- 0 I I 0.19t ACRES .o B'i I LOT °iw{an" �nbo In R 4 �, W �fA60011—__�.iP.______�au� Cxc I I NBP5T26'W 140Ai, t a 7 b� Z ROCK 2 t �• Yp IgINM 10' ALLEY E. LOTS A t 5 u m?a .� tW. OF LOTSD t7 {9 �.TLpaT FlnpO[n t 20' CLOSED srREEr L Li. ,� IAKwETItIrt uc E. LOTS 1 • 7 uw W. nwttEs OA IAIn >. KURL DODD ADO. LDT a AR 72� FAYI�xeJ-a�wa-00 70.5-03340-000 9lDfN x zmm NC O."t ACRES 0 ■AIL GOOD Apa ■WIOM'lU. AIt 12112 xes-awl- ZOXm p-U SEIW56'51 rE 170.20' P DO 7,PTNJ"'RR7 TRACT 'A' 'A---- DO ILIK D[[o IsCOX n rAof e4es) um MrFAAs TD � Wutm 0.451 ACRES t c r'TT.TInL,c NXS Wr u-smN � . LOT 7 • 8 Ir.�x aa.r • . fl w m.1.n nNc.' v ■nE � IS . R ^ DmKA1[D �f[ N6 rur �.MAW iIj • I a.r',�13, 7e.0' trJ E, 1 ST 11 _ C/L--_.L.S.-----R/w) - — - — - — E (ASPHALT, EXISTING 40' i ' RI (YSP RESIDENML LINK 52' R/1Y) 0 CVp A o - - - - - - - - - - - - - - - - - - - - - - I—.—,—r r" wC tIATm arN _ r1W Irt Nc .—r�•� u _ 20HID xC SI RVEY DEsCRIPTIDN PARENT PARCEL [PID 765-03340-DDO) PROPOSED USE RESIDENTIAL LOTS 1, 6 t 7, BLOCK 2. BERL DODO ADDITION, TO THE ZONED_; NC. NEIGHBORHOOD CONSERVATION CITY OF FAYETTEVILLE, WASHINGTON COUNTY. ARKANSAS. AS PAT INDEX PAGF- 563 SHOWN ON PUT RECORD "4" AT PAGE 219. SETRACKS' 'A' FRONT...A BUILD -TO ZONE THAT IS LOCATED BETWEEN THE AND TEN (10) FOOT ALLEY WHICH UES EAST OF LOTS 4 t 5 a IR1IfY DESCRIPTION TIUCT AND A LINE 25 FEET FROM THE LOTS NUMBERED SIX (6) AND SEVEN (7) AND ALL THAT PART FRONT PR PERTY ROPERTY LINE. AND WEST OF LOTS 6 t 7, AND A TWENTY (20) FOOT AND CLOSED STREET, KNOWN AS WILLOW AVENUE WHICH LIES OF A TEN (10) FOOT WIDE ALLEY LYING IMMEDIATELY FAST OF SIDE..,S FEET EAST OF LOTS 6 t 7, ALL IN BLOCK 2, BERL DODD LOTS NUMBERED FOUR (4) AND FIVE (5) AND WEST OF LOTS REAR-5 FEET ADDITION TO THE CITY OF FAYETTEVILLE. AS SHOWN ON PUT SIX (6) AND SEVEN (7). ALL IN BLOCK NUMBERED TWO (2) REAR, FROM CENTER UNE OF AN ALLEY...12 FEET RECORD "4" AT PAGE 219. OF BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, ARKINSA AS SHOWN IN PLAT BOOK 4 AT PAGE 219 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS. ALSO, OWNFB: FHA DEVELOPMENT INC p AT HOTEL FIAT ALL THATPART OF WILLOW AVENUE LYING IMMEDATELY (479)521-3850 EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PUT, MIS SURVEI' ODES jlDj PURPORT TO REFLECT IxTY OF THE FOLLOWING WHICH THIS BE ARR MES ADJACENT TO AND EAST OF THE FAST UNE OF SAID LOTS SIX (6) AND SEVEN (7) OF BLOCK TWO (2) OF SAID BERL DODD PHYSICAL ADDRESS: 270, 272, 274. 276, 276 t 260 TO THE SVBIECT REAL ESTATE ADDITION TO THE COY OF FAYETiEVILLE, ARKANSAS, AS E. 12M 5T, FAYETTEVILLE. AR 72701 SHOWN IN PUT BOOK 4 AT PACE 219 OF THE LAND PARCEL NO. 765-03340-000 EASEMENTS, OTHER THAN possioE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY: RESTRICTIVE COVENANTS; SUBDIVISION RECORDS OR WASHINGTON COUNTY. ARKANSAS. MALING ADDRESS- I N. SCHOOL AVE, RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS FAYETTEVILLE. AR 72701 WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE cl IRVEY DESCRIPNON TTUGT 'B' THIS SURVEY G VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND LOT NUMBERm FOUR (4) IN BLGCK NUMBERED TWO (2) OF SIGNATURE OF THE SURVEYOR. BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, THIS SURVEY MEETS OR EXCEEDS THE CURRENT 'ARKANSAS MMIWY ARKANSAS. AS SHOWN IN PUT BOOK 4 AT PAGE 219 OF M E LAND RECORDS OF WASHINGTON COUNTY. ARKANSAS. LSP-2022-00 STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS'.. DECLARATION IS MADE TO ME ORIGINAL PURCHASER OF ME SURVEY. IT IS no TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. bLA DAII SUBSURFAEE AND ENVIROKNYENTAL CONDITIONS WERE NOT EXAMINED DR FLOOD DESIGNATION: R CONSIDERED AS A PART OF THIS SURVEY. THIS PROPERTY DOES NOT LIE IN ZONE 'A/AE' (SPECIAL FLOOD HAZARD PER ORIAWNCE 72.19. PARKING BLOCKING A MAILBOX IS PRORBITEO. AREAS INUNDATED BY 100-YEAR FLOOD) AS DETERMINED FROM THE THAT AT FUTURE MAILBOX PLACOtENT DOES NOT CONFLICT WIN F.I.R.M. MAP OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED ON-STPEET PARKING. AREAS, MAP NUMBER 05143CO220F, EFFECTIVE DATE MAY 16. 2006, ALL UTILITIES 12" MD UNDER SHALL BE RELOGTED UNDERGROUND. AM AND ALL SKANAGE REQUIRES ADDITIONAL SIGN PERMIT REVIEW AND APPROVAL � r - � IaA•r• AVTllnpn ar . _. ; an a rAR[TI[Wut ` ,i !{ I I r enlDOL AVL ' r Tea-ula-om Mr[An ro c[°�:ur[o VICINITY MAP I, OIY a fAREnMlF G6 YAP ]1a1.00 SOx3.Y pA TT[IL XL 0 30 60 90 LEGEND 1" = 30, ■ Ac L■r 0 z aRrs m • sAwN ma IIM.at WLpIQR MUL O t>RI K.prINR EX 1 41Y11I[ ®I NO NOSY It■ ]PlMlal • OM ARE8 ItAG nut • "0' Nre W 0 w NIAWIY AD■AIOA ■ \. • w UIL 901 m TAME Cox TV ull6 • N rm6TM • w M[1O lw 9M IK O 1R W 13 De■ID'Y G w 111p C.S. r O in 1/! nOK eDilr � DEnKAIm run D w ItOa4TM1 ■ mlp KIOKA■01T is COERMNI • slut IorAANIDR ■ FIOK LVAA01f ■ COL LOAIpI ■ <RdENO IIGx. 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FAYETTEVILLE, AR 72701 LOT SPLIT — FAYETTEVILLE, ARKANSAS Page 1068 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1138 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner DATE: September 26, 2023 SUBJECT: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located in south Fayetteville, one lot north of Martin Luther King Jr. Boulevard on the east side of Willow Avenue. The property contains approximately 0.22 acres and is currently developed with a 1,344-square-foot, single-family dwelling which Washington County records indicate was built in 1930. Prior to 2008, the subject property and most others in the immediate vicinity were zoned RMF-24, Residential Multi - Family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan that year, the property was rezoned to NC, Neighborhood Conservation. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to DG, Downtown General. Public Comment: Staff received no public comment prior to the Planning Commission. A community member spoke at the public hearing with comments summarized within the meeting discussion below. Land Use Compatibility: Staff finds the proposed rezoning from NC to DG to be generally compatible with existing land use and zoning patterns in the surrounding area. Downtown General would allow for residential development and lot sizes that are commonly found nearby, as well as some nonresidential uses which may be suitable at this location given the property's proximity to Martin Luther King Jr. Boulevard and other nonresidential uses. Where NC zoning allows for by -right development of single-family dwellings at a density of 10 units per acre, a rezoning to DG would allow for the development of multi -family dwellings with density informed by building height allowance and development standards. With regard to bulk and area regulations, NC currently allows for the creation of lots with a width of 40 feet and an area of 4,000 square feet, while DG Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1069 of 1140 would allow for the creation of lots with a width of 18 feet without limitation to lot area. When taking the size of the property into consideration, which totals less than a quarter of an acre, staff finds that a rezoning to DG is not likely to result in development of a scale or type that is incompatible with the surrounding area. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. While a similar rezoning mid -block could be considered incompatible, staff finds the requested rezoning to be appropriate since it has the potential to result in increased housing or services near a dense residential area and existing nonresidential uses. Staff also finds the requested rezoning to be generally aligned with Goal 1 of City Plan 2040 since it would encourage infill in an area that has a moderate infill score ranging between 8 and 9. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range between 8 and 9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (six-inch main, Willow Avenue) • Near Water Main (six-inch main, Willow Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Walker Park Trail, Razorback Greenway) • Near ORT Bus Stop (Route 10, Route 20 East) • Near Razorback Bus Stop (Route 13) • Within Master Plan Area (Walker Park Neighborhood) • Sufficient Intersection Density DISCUSSION: At the September 26, 2023 Planning Commission meeting, a vote of 5-2-1 forwarded the request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Payne seconded it. Commissioners Madden and Garlock voted against the request and Commissioner Brink recused. Commissioners opposed to the request expressed concerns about the rezoning resulting in increased traffic and building heights. Commissioners in favor of the request found the rezoning to be appropriate given the presence of DG zoning nearby, and given its potential to result in a greater variety of residential and nonresidential uses. One member of the public spoke against the item at the meeting, expressing concerns about the proposed rezoning impacting the character of the surrounding neighborhood. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1070 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1138 RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-025 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 524 SOUTH WILLOW AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 1071 of 1140 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1138 Item ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 1072 of 1140 RZN-2023-0025 Close Up View M w Z—"Sr, C" z x Cn 9 w � z z 0 c� R1-U Z 2 Neighborhood Link Unclassified Alley Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits 524 S. WILLOW AVE RZN-2023-0025 EXHIBIT 'A' ,� 'SL RMF-24 vW -8 Subject Property MARTINIL'UTHE KIP. ....... Feet 0 75 150 300 450 600 1:2,400 w a 0 0 rNORTH,l Zone Current Proposed DG 0.0 0.2 NC 0.2 0.0 Total 0.2 ac Page 1073 of 1140 RZN-2023-0025 EXHIBIT 'B' Legal Description: A part of the Southwest Quarter of the Southwest Quarter of Section 15 in Township 16 North of Range 30 West, described as follows: Beginning 473.5 feet West and 419.8 feet North of the Southeast corner of said forty acre tract, and running thence West 150 feet; thence North 65 feet; thence East 150 feet; thence South 65 feet to the place of beginning, situated in the City of Fayetteville, Washington County, Arkansas. Page 1074 of 1140 CITY OF WNWFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: September 25, 2023 (updated with results) SUBJECT: RZN-2023-0025: Rezoning (524 S. WILLOW AVE./BWB WILLOW LLC, 524): Submitted by BUILDERS LAND CAPITAL for property located at 524 S. WILLOW AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.22 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2023-0025 to City Council with a recommendation of approval. RECOMMENDED MOTION: "l move to forward RZN-2023-0025 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in south Fayetteville, one lot north of Martin Luther King Jr. Boulevard on the east side of Willow Avenue. The property contains approximately 0.22 acres and is currently developed with a 1,344-square-foot, single-family dwelling which Washington County records indicate was built in 1930. Prior to 2008, the subject property and most others in the immediate vicinity were zoned RMF-24, Residential Multi -Family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan that year, the property was rezoned to NC, Neighborhood Conservation. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential RI-U, Residential Intermediate -Urban South Single -Family Residential; DG, Downtown General Two -Family Residential East Single -Family Residential DG, Downtown General West Single -Family Residential; NC, Neighborhood Conservation; Undeveloped DG, Downtown General Request: The request is to rezone the subject property from NC, Neighborhood Conservation to DG, Downtown General. Public Comment: Staff has not received any public comment regarding this request. Page 1075 of 1140 INFRASTRUCTURE: Streets: The subject property has frontage along Willow Avenue, a partially improved Residential Link street with asphalt paving, curb, and gutter. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing six-inch water main is present on the west side of Willow Avenue. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main is present in the center of Willow Avenue. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams are present. The property does, however, contain hydric soils. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this state ment/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Any improvements or requirements for drainage would be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district of DG, Downtown General requires 10% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly Page 1076 of 1140 connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 8-9 for this site with a weighted score of 11 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (six-inch main, Willow Avenue) • Near Water Main (six-inch main, Willow Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Walker Park Trail, Razorback Greenway) • Near ORT Bus Stop (Route 10, Route 20 East) • Near Razorback Bus Stop (Route 13) • Within Master Plan Area (Walker Park Neighborhood) • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed rezoning from NC to DG to be generally compatible with existing land use and zoning patterns in the surrounding area. Downtown General would allow for residential development and lot sizes that are commonly found nearby, as well as some nonresidential uses which may be suitable at this location given the property's proximity to Martin Luther King Jr. Boulevard and other nonresidential uses. Where NC zoning allows for by -right development of single-family dwellings at a density of 10 units per acre, a rezoning to DG would allow for the development of multi -family dwellings without limitation to density. With regard to bulk and area regulations, NC currently allows for the creation of lots with a width of 40 feet and an area of 4,000 square feet, while DG would allow for the creation of lots with a width of 18 feet without limitation to lot area. When taking the size of the property into consideration, which totals less than a quarter of an acre, staff finds that a rezoning to DG is not likely to result in development of a scale or type that is incompatible with the surrounding area. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as Residential Neighborhood area. While a similar rezoning mid - block could be considered incompatible, staff finds the requested rezoning to be appropriate since it has the potential to result in increased housing or services near a dense residential area and existing nonresidential uses. Staff also finds the requested rezoning to be generally aligned with Goal 1 of City Page 1077 of 1140 Plan 2040 since it would encourage infill in an area that has a moderate infill score ranging between 8 and 9. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property from NC to DG is justified since it would encourage the development of contextually -sensitive residential and nonresidential uses near downtown Fayetteville where services, amenities, and residential areas are at their greatest concentration. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from NC to DG has the potential to increase traffic at this location when considering that DG would allow for development that is greater in density and intensity that the existing NC zoning. Nevertheless, staff finds that a rezoning is not likely to create or appreciably increase traffic danger or congestion given the small size of the lot and its limited access onto Willow Avenue. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property currently has access to public streets, water, and sewer, and any necessary upgrades to existing infrastructure would be determined at the time of development review. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0025 to City Council with a recommendation of approval. Page 1078 of 1140 PLANNING COMMISSION ACTION: Required YES Date: September 25, 2023 O Tabled M Forwarded O Denied with a Motion: Sparkman recommendation of approval Second: Payne Vote: 5-2-1 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.28 Downtown General o §161.29 Neighborhood Conservation • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Page 1079 of 1140 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet Page 1080 of 1140 (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Page 1081 of 1140 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Page 1082 of 1140 Rezoning Request August 16, 2023 Fayetteville Development Services c/o Ms. Masters 125 W. Mountain St. Fayetteville, AR 72701 RE: Request to Rezone to DG (Downtown General) Ms. Masters, On behalf of my client, BWB Willow LLC, I am requesting a rezone to the property located at 524 S. Willow Ave., Fayetteville AR 72701 from NC (Neighborhood Conservation) to DG (Downtown General). At this time, my clients do not have any development plans to accompany this request. Compatibility: As shown the property is bordered to the East and South by properties currently zoned DG and does not appear to be incompatible with those properties. Legal Description: A part of the Southwest Quarter of the Southwest Quarter of Section 15 in Township 16 North of Range 30 West, described as follows: Beginning 473.5 feet West and 419.8 feet North of the Southeast corner of said forty acre tract, and running thence West 150 feet; thence North 65 feet; thence East 150 feet; thence South 65 feet to the place of beginning, situated in the City of Fayetteville, Washington County, Arkansas. Page 1083 of 1140 RZN-2023-0025 524 S. WILLOW AVE One Mile View 0 0.13 0.25 0.5 Miles lT ! JW� Q Subject Property RSF-S I.■ i i cs v) 1 1 1 1 1 1 1 IP-1 r Regional Link - - - IIIIIIII� Neighborhood Link Regional Link- High Activity Urban Center- Unclassfied- Alley - Residential LinkShared-Use <Lits Paved TrailTrail(Proposed)Design Overlay DistrictFayetteville City Limits Plai 1 Planning Area Fay ORTH LE D t zoning 11 I-2 General Indoa W RESIDENT IALSINGLE-FAMILY EXTRACTION I♦ NSG ii E-1 li RI-U COMMERCIAL 1111I-iz Residential- . ii NS-L C-1 ii ReaiEenY&l eriooa I♦ c-2 RSF-.5 = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 � Downtown Gore RSF< li Urban Tlwro rfhi RSF') Maln abeet Center RSFA Down— Genre, RSF-1a Commonly Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Sery RMF. ii Neighborhood Cone J. ii RM112 PLANNED ZONING DISTRICTS RM11a IIIIIIIII Commercial. Indosirial. Residential ii RMF-sa INSTITUTIONAL ii RM P-1 INDUSTRIAL I-1 Heavy Cemmarclal aM Light Indoatdal Page 1084 of 1140 RZN-2023-0025 Close Up View M w 0 7 STD C" z x 9 w � z z 0 c� R1-U Z x Neighborhood Link Unclassified Alley Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits 524 S. WILLOW AVE Subject Property MARTINIL'UTHE KIP. ....... Feet 0 75 150 300 450 600 1:2,400 RSF-8 1 LU Q 0 0 rNORTH,l Zone Current Proposed DG 0.0 0.2 NC 0.2 0.0 Total 0.2 ac Page 1085 of 1140 RZN-2023-0025 524 S. WILLOW AVE ( e w "a +r w , sue:. � • - • • - �� ��" 7 ; • Single -Family Residential r, WWI is :.. ..Neighborhood Link FEMA FloodAMV4 lip! Hazard Data Urban Center Unclassified Residential Link Feet Floodway Trail (Proposed) •00 Fayetteville City Limits •11 Design• Page 1086 of 1140 RZN-2023-0025 Future Land Use � w aka w N r'r- .NE�'so City Neighborhood SOUTH ST 524 S. WILLOW AVE SOUTH ST -a -4TH ST Natural W ' q I Ow 5TH'ST— K� w miz IF cn� LU g, Civic and Private Open Space Neighborhood Link Urban Center — Unclassified — Alley Residential Link 1' �1 Planning Area Fayetteville City Limits — — Trail (Proposed) Design Overlay District Subject Property �� MAA i1llI't,wI w Q z O c� 9THST—Z------- 2 U) 9 10TH ST Feet E WALKER R0 0 145 290 580 870 ORTH Residential Neighborhood J� ti Q O Q � O O 3: Z r N`�� r- COFFEE \ WAY I m W FAIRL-ANE �I Qcol w J w � 2 z Q Q J w City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center Page 1087 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1132 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: September 28, 2023 SUBJECT: APPEAL OF CUP-2023-0096: Conditional Use Permit (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): Submitted by SEAN VOLLENDORF for property located at 426 N. OLIVER AVE in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to use the residence as a short-term rental. RECOMMENDATION: City Planning staff and the Planning Commission recommend denial of a request for a conditional use permit for a short-term rental as described and shown below. BACKGROUND: The subject property is located in central Fayetteville approximately 200 feet west of Razorback Stadium. The property is zoned RSF-4 and is not part of any zoning overlays. It totals approximately 0.40 acres and has been developed with a 2,502 square foot, four -bedroom single-family structure and a 688 square foot, one - bedroom accessory dwelling unit (ADU), both constructed in 1969. Request: The applicant requests conditional use permit approval to use the property as a Type 2 short-term rental, which are those not occupied by a permanent resident. Type 2 short-term rentals are subject to density limitations, including a citywide cap of 475 units, and restrictions on the number of units that may be used as a short-term rental in multi -family dwelling complexes. Findings: Staff finds that granting the requested conditional use is likely to negatively impact the public interest. Staff finds there is inadequate parking capacity to support the use of the property for both the main dwelling and the ADU as short-term rentals, both of which have short-term rental business licenses currently under review. The main dwelling has a carport that could hold two vehicles and a property may park four vehicles outside per ordinance. The ADU may host a maximum of 4 guests (one bedroom) and the main dwelling may host a maximum of ten guests (four bedrooms), for a maximum of 14 allowed guests for both structures per ordinance. N. Oliver Ave. is signed as a "No Parking" street. City business license records indicate one (1) other unit within a quarter -mile radius of the property has an active Type 2 short-term rental business license. Additionally, multiple code cases have been opened for the subject property. A Type 2 short-term rental application was requested by the current property owner on July 30, 2021. Multiple stages of the process were Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1088 of 1140 completed, including a life safety inspection and planning review; however, the business license was denied on July 21, 2022 due to incomplete information. Initial zoning violations were opened on April 27 and May 1, 2023 for operating the main structure and ADU without a business license and a notice of violation was sent to the applicant with instructions to cease operations until a business license was received. A duplicate zoning violation was issued on August 7, 2023 for continuing to operate the short-term rentals in violation of the ordinance and the applicant confirmed that the listings were taken down on August 7, 2023 in an email to staff the following day. DISCUSSION: At the September 11, 2023 Planning Commission meeting, several motions were made after extensive discussion. Commissioner Garlock made a motion to approve the request; however, the motion died for lack of a second. Commissioner Winston then made a motion to table the request to the following meeting, citing a desire to get additional information regarding the proposed ADU short-term rental. Commissioner Garlock seconded. This motion failed 1-7-0. A final motion was made by Commissioner Winston and seconded by Commissioner Payne to approve the request, which failed on a 4-4-0 vote. Three people from the applicant's team spoke. One cited their long-term residency at the home prior to moving away. A second discussed the initial business license denial and efforts to get into compliance since the violation notice. A third cited changing short-term rental ordinances since 2021, the applicant's belief that they were operating in compliance, an assertion of error in staffs report, and the lack of parking issues while the business has been in operation. Staff received additional information regarding the ADU the morning of the September 11, 2023 Planning Commission meeting and was able to update the staff presentation to include the corrected data and additional images provided by the applicant. There was extensive discussion regarding the history of the zoning violations and whether guests stayed at the property past the initial violation notice. Staff confirmed the total number of bedrooms based on the new information provided by the applicant and explained the history of the violations. Commissioners Sparkman and McGetrick questioned the applicant regarding whether tailgating was permitted on the property. The applicant cited "the nature of the neighborhood" changing on game days and stated that tailgating would be limited to when it was occurring throughout the neighborhood. Senior Assistant City Attorney Blake Pennington confirmed that any tailgating while the property was being used as a short-term rental would be a violation of the short-term rental ordinance. Additionally, there was a brief discussion about parking at the property the previous weekend. Commissioners voting against the request cited the history of the zoning violations and concerns about tailgating as reasons for denial. Commissioners voting in favor of the request cited lack of public comment or a history of complaints, and the project's proximity to campus as reasons for approval votes. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: Appeal Letter with Council Member Sponsors (#3), Exhibit A (#4), Planning Commission Staff Report (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1089 of 1140 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1132 APPEAL OF CUP-2023-0096: Conditional Use Permit (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): Submitted by SEAN VOLLENDORF for property located at 426 N. OLIVER AVE in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is to use the residence as a short-term rental. A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, SARAH BUNCH, AND D'ANDRE JONES AND APPROVE A CONDITIONAL USE PERMIT CUP 2023- 0096 FOR A SHORT-TERM RENTAL AT 426 NORTH OLIVER AVENUE WHEREAS, on September 11, 2023, the Planning Commission denied the application for Conditional Use Permit CUP 2023-096, to allow a Short -Term Rental at 426 N. Oliver Ave.; and WHEREAS, Council Members D'Andre Jones, Sarah Bunch, and Scott Berna have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council Members D'Andre Jones, Sarah Bunch, and Scott Berna, finds that the proposed short term rental is compatible with adjacent properties and other property in the zoning district, and approves Conditional Use Permit CUP 2023-0096 for a Short -Term Rental at 426 N. Oliver Avenue. Section 2: Approval of the conditional use permit is subject to the following conditions: 1. The applicant must obtain a business license within 1 year of conditional use permit approval. 2. The number of occupants is limited to a maximum of two people per bedroom, plus two, for the entire unit when the property is operated as a short-term rental. 3. Special events including, but not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars are prohibited from occurring in the short-term rental. 4. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. 5. All trash receptacles shall be screened from view of the right-of-way. 6. All outdoor lighting shall meet requirements as outlined in Chapter 176, Outdoor Lighting. 7. Any signage shall meet the requirements as outlined in Chapter 174, Signage. 8. The applicant shall be required to designate and register a Landlord's Representative in the Landlord's Representative Registry. Page 1 Page 1090 of 1140 Resolution: File Number. 2023-1132 9. The main dwelling may not be rented simultaneously as the accessory dwelling unit. Page 2 Page 1091 of 1140 MRP ATTORNEYS AT LAW ANNA BROADAWAY I Attorney abroadaway@rmp.law PO Box 1788 1 Fayetteville AR 72702 5519 Hackett Street, Suite 3001 Springdale AR 72762 T 479 443 2705 1 F 479 443 2718 LICENSED iN AR, AL, MO, OK, TN, TX Licensed in Arkansas, Alabama, Florida, Texas, and Oklahoma Established 2005 www.rmp.law September 15, 2023 To Whom it May Concern: I represent Kim and Sean Vollendorf, who were long-time residents of Fayetteville for decades. The Vollendorfs run an organization aimed at mentoring young leaders and, in 2019, they expanded to Arizona, prompting their move to Phoenix along with the several University of Arkansas graduates who joined them. Before moving, the Vollendorfs raised their three sons at 426 North Oliver Avenue (the "Pro e "), and still return to Fayetteville many times each year (currently, about once each month). During their time in Fayetteville, the Vollendorfs put down roots in their neighborhood and our community and formed meaningful relationships with their neighbors. Their sons all attended Leverett Elementary School, and their sons' first -grade teacher still lives just around the corner. In short, they loved living in this community and always aspired to be the kind of neighbors they would want to have. I'm contacting you on behalf of the Vollendorfs to ask for your support of an appeal of the Fayetteville Planning Commission's recent decision to deny the Vollendorfs a conditional use permit (the "CUP") to operate a Type-2 Short Term Rental ("STR") at the Property, which is approximately 200 feet from Razorback Stadium and located immediately adjacent to the UofA's Alumni House and literally backs the Broyles -Matthews parking lot, a popular spot on gameday. That CUP request went before the Fayetteville Planning Commission (the "Commission") on Monday, September 11, 2023 (the "Meeting"), and was narrowly denied, receiving four votes in favor of approval (Commissioners Winston, Brink, Payne, and Holcomb), and four votes against approval (Commissioners Garlock, McGetrick, Gulley, and Sparkman). The Property features a 2,502 square foot primary residence and is comprised of four bedrooms. It also has an accessory dwelling unit (the "ADU"), which only features one studio bedroom. The ADU was not a part of the Vollendorf's CUP request, as ADUs are automatically classified as Type-1 STRs and also do not require parking spaces. Even so, two spaces are dedicated to it ADU anyway. Just prior to the Meeting, Staff provided their initial report (the "Report") to Ms. Renee Gresham, the Vollendorfs' friend who manages the Property while they are away. The Report recommended that the Commission deny the CUP request due to (a) inadequate parking and (b) "past violations" of the City's ordinances. When Ms. Gresham received the Report, she immediately became concerned as it did not appear to reflect the Vollendorfs' Property, indicating that Staff may have been considering a different property when recommending denial. For BENTONVILLE I JOHNSON I JONESBORO I LITTLE ROCK Page 1092 of 1140 Letter Regarding Vollendorf CUP Appeal September 15, 2023 example, the initial Report stated that the ADU — while not even subject to the CUP request nor required to have reserved parking spaces (though the Vollendorfs' ADU does) — contained three (3) bedrooms suitable for up to eight guests, allowing the entire Property to host up to 18 guests. Ms. Gresham raised these concerns to Staff who, immediately prior to the Meeting, revised their Report, but still recommended denial, stating the Property only allows for six (6) vehicles per City ordinance. Sure enough, and upon further inquiry, Ms. Gresham's concerns about the Report were correct, as the photos provided by Staff within their Report are of not of the Vollendorfs' home at all, suggesting that Staff wasn't even considering the correct property in recommending its denial. Unfortunately, in a 4-4 decision, the Commission declined to grant the Vollendorfs a CUP. The primary concern voiced by those who voted against the request reflected the language within the Staff Report stating the Property was subject to past violations of STR regulations, prompting this request for an appeal. Of note, long before AirBNB and VRBO became the go -to choice for STRs, and many (approx. 15) years before the City even adopted ordinances governing STRs, the Vollendorfs were leasing out their home from time to time as an STR When the City first adopted STR regulations in 2021, a CUP was not required for a Type-2 STR, and the Vollendorfs began the process of complying with the applicable ordinances to obtain a business license. As part of that process, the home was inspected on multiple occasions and approved as an STR repeatedly. And to the best of the Vollendorfs' knowledge, they had been granted a business license. It was not until 2023 when the Vollendorfs first received a notification stating that they had not been given the business license. In fact, as of May 2022, the Vollendorfs were told that their business license was still "in progress" and were not notified when the application was ultimately closed by the City sometime after that. In other words, to the extent the Vollendorfs were in any sort of violation, they certainly were not aware of it and, to the contrary, made sincere efforts to comply with what was then new rules and regulations imposed on STRs. It must also be noted that, despite not having a business license, both STRs on the Property have always automatically remitted all applicable taxes to the City of Fayetteville while listed with AirBNB and VRBO. By the time the Vollendorfs became aware that they did not have a business license to operate their STR, the ordinances had been amended twice, making a CUP a threshold requirement for Type-2 STRs in single-family zoning areas. The Vollendorfs and Ms. Gresham took steps, once again, to have the Property inspected (which was approved, once more) and pursue getting a business license. Yet, in May 2023, the City again emailed Ms. Gresham and informed her that the Property still did not have a business license, and that the Vollendorfs now also needed to apply for a CUP in addition to obtaining a business license. While Staff referred to this correspondence as a "notice of violation," at no point did the City indicate that the Vollendorfs need to cease and desist renting their home as an STR until the CUP process was complete and a business license was obtained. It was not until Fayetteville Business Development Services contacted Ms. Gresham on August 7, 2023, referencing the Meeting to be held on September I Ith, that the Vollendorfs were told that continued operation during the pendency of the CUP and business licensure process represented a violation of the City's ordinances that could potentially impact the Commission's decision regarding whether to grant the CUP. The Vollendorfs immediately delisted the Property from Airbnb and VRBO to comply with this instruction and have refunded future guests. As of September 6, 2023, the Property has now been twice -inspected, passing on both occasions. 2 Page 1093 of 1140 Letter Regarding Vollendorf CUP Appeal September 15, 2023 The best evidence of the relationships the Vollendorfs have built with their neighbors, and the fact that the Vollendorfs do not allow guests in their home to have parties or engage in other disruptive behavior, is the fact that when the Vollendorfs requested the CUP, not a single neighbor or any other person contacted the Planning Staff to lodge a complaint or indicate that they were opposed to granting the CUP. Over the past 19 years the Vollendorfs have periodically rented out their home, the Vollendorfs have considered it a privilege to host both friends and paid guests alike — many of whom are families who come to Fayetteville because one of their children is considering attending the University. More importantly, renting out their home as an STR has allowed them to keep the home where they raised their sons, despite having to move to pursue their calling in student mentorship. The Vollendorfs respectfully ask you consider sponsoring their appeal, as receiving a CUP that will allow them to operate their home as a Type-2 STR is the only feasible solution that will allow them to hold onto their family home while living elsewhere, in hopes of returning back to Fayetteville full time in the future. Thank you in advance for your consideration of this matter. To the extent that you have questions or need more information, please don't hesitate to let me know. Best Regards, Is/Anna Broadaway Anna Broadaway Page 1094 of 1140 CityClerk From: Paxton, Kara Sent: Tuesday, September 19, 2023 12:31 PM To: CityClerk Subject: FW: 426 N. Oliver Avenue Summary Categories: FYI Please see the below verification of Council Member Jones' support to sponsor the appeal. Thank you, Kara Paxton MSISM, MMC, CAMC, CMO City Clerk Treasurer City of Fayetteville, Arkansas kanaxtonnfavetteville-an gov T 479.575.8323# � CITY O� yMY■TT■TI«I ANNAN��N From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, September 19, 2023 12:14 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Nika <nikatwaits@gmail.com>; Kim Vollendorf <kimvdorf@gmail.com> Subject: Fwd: 426 N. Oliver Avenue Summary CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I will be sponsoring this appeal Sent from my iPhone Begin forwarded message: From: "Curth, Jonathan" <icurth@fayetteville-ar.gov> Date: September 19, 2023 at 12:05:31 PM CDT To: D'Andre Jones <dre91732000@gmail.com>, Nika <nikatwaits@gmail.com> Subject: RE: 426 N. Oliver Avenue Summary D'Andre, Thank you for sharing your interest in appeal sponsorship. Since Planning Commission appeals are not filed with Development Services staff, I am not familiar with this item's status or if there are other Page 1095 of 1140 sponsors. With that in mind, please direct your interest to the City Clerk's Office and copy Blake Pennington with the City Attorney's Office so that it is considered legally valid. Thanks again, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: D'Andre Jones <dre91732000@gmail.com> Sent: Monday, September 18, 2023 3:00 PM To: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Nika <nikatwaits@gmail.com> Subject: Fwd: 426 N. Oliver Avenue Summary CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Jonathan I want to support this appeal Sent from my iPhone Begin forwarded message: From: D'Andre Jones <dre91732000@gmail.com> Date: September 17, 2023 at 10:52:28 AM CDT To: Nika <nikatwaits@gmail.com> Cc: Kim Vollendorf <kimvdorf@gmail.com> Subject: Re: 426 N. Oliver Avenue Summary My pleasure I will forward this to Jonathan Curth today!! Sent from my iPhone On Sep 17, 2023, at 10:00 AM, Nika <nikatwaits@gmail.com> wrote: Hello D'Andre! Thank you so much for your help with this situation. My friend Kim has summarized below the events leading up to the denial of their business license. I have copied her here. We are all rather baffled as this is a family who has served our community for many many years in a variety of beneficial ways. Please Page 1096 of 1140 let me know if this answers your questions and if there is anything else you need from us. Thank you for your service D'Andre! Nika Waitsman Forwarded message From: Kim Vollendorf <kimvdorf@gmail.com> Date: Sat, Sep 16, 2023 at 2:47 PM Subject: 426 N. Oliver Avenue Summary To: Nika <nikatwaits@gmail.com> Nika, Thank you so much for taking the time to help us with this! First, a little background.... Sean and I have had our home at 426 N. Oliver Avenue, next to the UA stadium, since 2004. We enjoyed living in the neighborhood and living so close to campus, and I thought it was so fun that I could see into the stadium from my kitchen window! We got to know our neighbors and embraced living in the neighborhood. Our boys attended Leverett Elementary, and I was one of the parents who helped fight to keep our neighborhood school. We raised our three boys in that home. The house came with a small guest house behind it that was rented to a law student when we moved in, and we continued to rent it out. Not long later, because of the property's unique location, Sean talked me into renting out our home on gameday weekends to make some extra money. We soon also began renting out our home for other events like festivals, graduations, and other events. (I know you are familiar with this because your parents stayed in our home for a few summers while we were away on work assignments!) I'm pretty sure we were one of the first houses in Fayetteville that had short-term rentals of this nature. When we transferred to Arizona for Sean's job in 2019, we decided to keep the house and continue renting it out. We preferred short-term rentals because we could continue using our furniture and also be able to stay in our home when we came back to Fayetteville to visit our friends and our son at the UA. In order to make it all work, we recruited a local mom friend of ours named Renee to help us manage the property and make sure our guests had everything they needed. Long story short, a couple of years ago, we received a notice that we needed to get a Business license. Renee hit the ground running and did, or thought she did, each of the things required to obtain the license. In fact, we thought we had the license! The next year (last year), Renee Page 1097 of 1140 received the notice again. Believing the license needed to be renewed each year, she went through all the steps again. In fact, she recalls at least 2 inspections of the property that she arranged with the City, each of which we passed. But, in May of this year, we were told again that we didn't have a business license. Concerned, Renee reached out to the City and was told that we needed to apply for a CUP because the city ordinances had changed again, and CUPs were now required for this type of rental. So we applied. On August 7, the City's business services department reached out to us and informed us that we weren't allowed to operate our STR while we went through the CUP and STR business license process --which we weren't aware of, as we thought we were okay to operate while waiting for approval. We immediately delisted the property from Airbnb and VRBO at that point. This past Monday (September 11), the Planning Commission heard our request for a conditional use permit, which got voted down, with 4 votes in favor, and 4 against (we needed 5 to receive a CUP). It seemed the Commission's primary "issue" with granting the CUP was our "continued violations," but we sincerely and genuinely did not know we were in violation of anything. Every time we submitted our application for a business license, we thought it had been accepted. We never received any sort of rejection and, on the contrary, spent hours making sure we met each of the requirements along the way. The city has inspected our home twice now (all passed). We've made every effort to ensure we're above board, and, because Airbnb and VRBO automatically collect and remit taxes for STRs within the city limits, we've also paid taxes for each and every stay for many years now. My husband Sean was notified at 4:30 p.m. on the Friday before the Monday meeting with the Planning Commission that the staff had recommended that the Commission deny us. When Renee asked for the documentation on September 11, she was sent a report that had a picture of the wrong property! We were concerned that the recommendation had been made based on the wrong property. There was also some confusion over the studio guest house that it was a 3 bedroom, which doesn't make sense since it is under 700 sq ft. It is actually a one bedroom. The city also expressed concerned about the parking spaces. This was a bit confusing because our home has ample parking spaces for our guests. It has more parking than any of the homes around it. Also, important to note, none of our neighbors voiced any opposition during the CPU process. We have hosted hundreds of families and other guests since 2004, so the fact that none of our neighbors voiced any opposition is very significant. As I understand it, somewhat recently (and many years after we started renting out our place), the city adopted a couple variations of an ordinance limiting short-term rentals. I believe the aim is to help the cost and accessibility of housing, which is certainly understandable. I 4 Page 1098 of 1140 just need the council to understand that we are not some sort of out-of- state land baron or investor. Our situation is the exact opposite. To our disbelief, a home directly across the street passed to be a short term rental. The home: -has far less parking than ours does -is owned by a Florida LLC, King Investments LLC -was opposed by neighbors. Four of our neighbors, all of whom we've known for years, spoke out against it. In summary, I am an Arkansas native, born and raised. We are a NWA family who lived in this home for almost 20 years. When a job opportunity took us out of state, we chose to keep the house we raised our family in so we would have a place to stay when we visited our many friends and family members 5+ times per year. We simply cannot afford to continue owning the home --and potentially return to it one day --without having the ability to offset our costs. If we have to convert it to a long-term rental, it would most likely appeal to college students. Would the neighbors prefer having a house of students or a house of adults who come to visit on occasion? I would like to think that we are the type of STR that Fayetteville would WANT to have! We would deeply appreciate the City Council's consideration in our appeal. Thanks, Nika!! ME 67 Page 1099 of 1140 CityClerk From: Berna, Scott Sent: Wednesday, September 20, 2023 10:37 AM To: D'Andre Jones; Bo Renner Cc: CityClerk; Shelton, Jackson; Williams, Kit; Pennington, Blake; Jones, D'Andre; Bunch, Sarah; Anna Broadaway Subject: Re: Vollendorf Appeal of Planning Commission Denial Categories: FYI I have agreed to sign on for the appeal. Scott Berna From: D'Andre Jones <dre91732000@gmail.com> Sent: Wednesday, September 20, 2023 10:23 AM To: Bo Renner <brenner@rmp.law> Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Shelton, Jackson <jshelton@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Anna Broadaway <abroadaway@rmp.law> Subject: Re: Vollendorf Appeal of Planning Commission Denial CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning I plan to support the appeal Sent from my iPhone On Sep 20, 2023, at 10:18 AM, Bo Renner <brenner@rmp.law> wrote: Good morning, I represent Sean and Kim Vollendorf regarding the appeal of the Planning Commission's denial of the Vollendorfs' CUP request. Kit and Blake have advised me to send this email to the City Clerk's office and include the three City Council members who have agreed to sign -on to our appeal and, further, have those Council Members indicate the same. Council Members Jones, Bunch and Berna — first, thank you again for helping us out on this. On behalf of the Vollendorfs, they are very appreciative of each of you and your time. Second, would you mind "replying all" to this email indicating your agreement to sign -on to the appeal? I know some (or, perhaps, all) of you have already notified the Clerk's office, but this will put the authorizations in the same email chain and, I believe, verify the appeal for the City Clerk. Page 1100 of 1140 Kit/Blake — please let me know if there's anything else either of you need from me. Thanks again, everyone! Bo Renner Attorney 5519 Hackett Street Ste 300 1 Springdale Arkansas 72762 PO Box 1788 1 Fayetteville Arkansas 72702 <image003.png> Firm 479.443.2705 1 Fax 479.443.2718 1 Direct 479.439.5664 brenner@rmp.law I www.rmp.law CONFIDENTIALITY NOTICE: This message is a PRIVATE communication. This message and all attachments are a private communication sent by a law firm and may be confidential or protected by privilege. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. Page 1101 of 1140 CityClerk From: Bunch, Sarah Sent: Wednesday, September 20, 2023 1:48 PM To: Pennington, Blake Cc: Bo Renner; CityClerk; Shelton, Jackson; Williams, Kit; Berna, Scott; dre91732000@gmail.com; Jones, D'Andre; Anna Broadaway Subject: Re: Vollendorf Appeal of Planning Commission Denial I have agreed to support this appeal as well. Sarah Bunch Sent from my iPhone On Sep 20, 2023, at 10:43 AM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Section 155.02 of the Unified Development Code requires that "All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error." I did see an explanation from Ms. Vollendorf in an email from Councilmember Jones yesterday but wanted to make sure all three councilmembers have provided/adopted that as part of their appeal. Thanks, Blake Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonafavetteville-ar.aov Direct: 479.575.8312 www. fayettev i l l e-a r. g ov <image002.png> From: Bo Renner <brenner@rmp.law> Sent: Wednesday, September 20, 2023 10:18 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Shelton, Jackson <jshelton@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; dre91732000@gmail.com; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Anna Broadaway <abroadaway@rmp.law> Subject: Vollendorf Appeal of Planning Commission Denial Page 1102 of 1140 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, I represent Sean and Kim Vollendorf regarding the appeal of the Planning Commission's denial of the Vollendorfs' CUP request. Kit and Blake have advised me to send this email to the City Clerk's office and include the three City Council members who have agreed to sign -on to our appeal and, further, have those Council Members indicate the same. Council Members Jones, Bunch and Berna — first, thank you again for helping us out on this. On behalf of the Vollendorfs, they are very appreciative of each of you and your time. Second, would you mind "replying all" to this email indicating your agreement to sign -on to the appeal? I know some (or, perhaps, all) of you have already notified the Clerk's office, but this will put the authorizations in the same email chain and, I believe, verify the appeal for the City Clerk. Kit/Blake — please let me know if there's anything else either of you need from me. Thanks again, everyone! Bo Renner Attorney <image001.png> 5519 Hackett Street Ste 300 1 Springdale Arkansas 72762 PO Box 1788 1 Fayetteville Arkansas 72702 Firm 479.443.2705 1 Fax 479.443.2718 1 Direct 479.439.5664 brenner@rmp.law 1 www.rmp.law CONFIDENTIALITY NOTICE: This message is a PRIVATE communication. This message and all attachments are a private communication sent by a law firm and may be confidential or protected by privilege. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. Page 1103 of 1140 CUP-2023-0096 Close Up View w a a HAL•SELL--RD � Regional Link - High Activity Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail — — — Trail (Proposed) 426 N. OLIVER AVE MA w a w J O RSF-4 RSF-8 a�Q Feet 0 75 150 300 450 600 1:2,400 CUP-2023-0096 EXHIBIT "A" RSF-4 RSF-8 Neighborhood Conservation P-1 Page 1104 of 1140 CITY OF FAYETTEVILLE V0.14W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: September 11, 2023 (UPDATED WITH MEETING RESULTS) SUBJECT: CUP-2023-0096: Conditional Use Permit (426 N. OLIVER AVE/HOGTAILING HOLDINGS LLC, 482): Submitted by SEAN VOLLENDORF for property located at 426 N. OLIVER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 0.40 acres. The request is to use the residence as a short-term rental. RECOMMENDATION: Staff recommends denial of CUP-2023-0096 RECOMMENDED MOTION: "1 move to deny CUP-2023-0096. Additional information received after final packet created. Documents included at the end of the packet. Corrected bedroom count included in staff presentation. BACKGROUND: The subject property is located in central Fayetteville approximately 200 feet west of Razorback Stadium. The property is zoned RSF-4 and is not part of any zoning overlays. It totals approximately 0.40 acres and has been developed with a 2,502 square foot, four -bedroom single- family structure and a 688 square foot, than^ bedroom accessory dwelling unit, both constructed in 1969. one On April 20, 2021, City Council adopted an ordinance to regulate short-term rentals operating within its limits. On December 20, 2022, City Council amended the ordinance to enact new requirements for short-term rentals, and on July 6, 2023, City Council amended the Type 2 short- term rental density cap requirements from 2% city-wide, to 475 total. This report reflects those new changes for consideration. Surrounding land use and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre City Plan 2040 Future Land Use Designation: Residential Neighborhood. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINI�Ag_gd)l05 of 1 140 Paqe 1 of 26 Proposal: The applicant requests conditional use permit approval to use the property as a Type 2 short-term rental, which are those not occupied by a permanent resident. Type 2 short-term rentals are subject to density limitations, including a citywide cap of 475 units, and restrictions on the number of units that may be used as a short-term rental in multi -family dwelling complexes. Public Comment: Staff has not received any public comment regarding this request. RECOMMENDATION: Staff recommends denial of CUP-2023-0096. If approved, staff recommends the following conditions; Conditions of Approval: 1. Planning Commission determination of compatibility. Staff finds the proposed short- term rental to be compatible with the neighborhood based on the findings in this report,- 2. Approval of the conditional use permit does not ensure approval of a business license application. The applicant must still be able to comply with all other applicable requirements in the development code. 3. Per §166.20, Expiration of Approved Plans and Permits, a business license must be obtained within 1 year of conditional use permit approval. 4. Per ordinance, the number of occupants is limited to a maximum of two people per bedroom, plus two, for the entire unit when the property is operated as a short-term rental. 5. Special events including, but not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars are prohibited from occurring in the short- term rental. 6. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. 7. All trash receptacles shall be screened from view of the right-of-way. 8. All outdoor lighting shall meet requirements as outlined in §176, Outdoor Lighting. 9. Any signage shall meet the requirements as outlined in §174, Signage. 10. Per 120.02(A), the owners of only short-term rentals shall be required to designate and register their Landlord's Representative into the Landlord's Representative Registry. 11. The main dwelling may not be rented simultaneously as the accessory dwelling unit. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)106 of 1140 Paqe 2 of 26 PLANNING COMMISSION ACTION: Required YES Date: September 11, 2023 O Tabled O Apnrnyprl 0 npniprl Motion to Approve Motion' Motion to Approve Motion to Table to 9/25 (Striking condition 11) GARLOCK WINSTON WINSTON Second: None GARLOCK PAYNE Vote: Motion died for lack of 1-7-0 (Superceded Previous 4-4-0 a second Motion. Failed on vote) (Motion Failed for lack of majority) FINDINGS OF THE STAFF §163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. Procedures. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for a Type 2 short-term rental in the RSF-4 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)107 of 1140 Paqe 3 of 26 the application to grant the conditional use; and Finding: The Planning Commission is empowered under Unified Development Code §118.01(E)(2) to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use is unlikely to negatively affect the public interest, given the applicable business license requirements including a required building safety inspection, and applicable density caps on Type 2 short-term rentals. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are specific rules governing Short -Term Rentals, as follows: §163.18 - SHORT-TERM RENTALS A. Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the following residential zoning districts: R-A, RSF-.5, RSF-1, RSF-2, RSF-4, RSF-7, RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NC. Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts not listed above are not required to apply for a conditional use permit. Finding: The request is to operate a Type 2 Short -Term Rental, Use Unit 46, in RSF-4 zoning, which requires a conditional use permit. B. Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a short-term rental. Finding: Occupancy is limited as described in UDC §163.18(A)(3). Occupancy Additional information limitations are confirmed by the applicant during licensing. The ADU may received after final host up to-8-guests per ordinance (three bedrooms) and the main dwelling packet created. One may host up to an additional ten guests (four bedrooms), for up to 1-&allowed bedroom within ADU guests. The ADU is currently being permitted separately as a Type 1, with (four guests) for a total of only the main dwelling unit under consideration with this application. 14 potential guests C. Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Finding: Staff recommends parking is limited as described in UDC §163.18(A)(4). For single-family structures parking is required to be provided at a rate of two vehicle spaces per dwelling unit. Accessory dwelling units of less than 800 square feet are not required to provide on -site parking. According to the Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)108 of 1140 Paqe 4 of 26 applicant the main dwelling unit has four bedrooms, with up to four parking spaces permitted outside by ordinance. There is also a carport that could hold an additional two vehicles. D. Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. Finding: The application letter suggests the property will comply with the City's regulations for a short-term rental. As a condition of approval, staff recommends a prohibition on special events. E. Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. Finding: The application is for use of the property at 426 N. Oliver Ave. Staff recommends a condition confirming that no recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. F. Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit. Finding: Type 2 short-term rentals are subject to a citywide density cap at 475 business licenses. As of September 6, 2023, the City had issued 395 Type 2 short-term rental licenses. Granting a CUP for this location would entitle the applicant to apply for a business license, but does not guarantee its approval. No exceptions are being requested. G. Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. Finding: This short-term rental would be subject to all codes in Business Regulations §118.01 that apply to Type 2 short-term rentals in residential zoning districts. Applicable business licensing requirements will be reviewed by staff and confirmed by the applicant at the time of licensing. H. Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: 1. Adequate parking infrastructure; 2. Adequate adjoining or nearby streets for on -street parking; 3. Frequency or concentration of nearby licensed Type 2 short-term rentals; and 4. Prior zoning or code violations. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINEA91d)109 of 1 140 Paqe 5 of 26 Finding: Staff finds there is inadequate parking infrastructure to support the use of Additional information the property for both the main dwelling and the ADU as short-term rentals. received after final The main dwelling has a carport that could hold up to two vehicles and a packet created. One property may only park up to four vehicles outside per ordinance. The ADU bedroom within ADU may host up to VO guests per ordinance (*tee -bedrooms) and the main (four guests) for a dwelling may host up to an additional ten guests (four bedrooms), for up to total of 14 potential 12 allowed guests. No additional parking is permitted on N. Oliver Ave. as guests g p g the street is signed for no parking. City business license records indicate one (1) other unit within a quarter -mile radius of the property has an active Type 2 short-term rental business licenses. A type-2 short term -rental application was requested by the current property owner on July 30, 2021. Multiple stages of the process were completed, including a life safety inspection and planning review; however, a business license was denied due to incomplete information. The short-term rental was opened in violation of ordinance and has been operation continuously since 2021. Initial zoning violations were opened on April 27 and May 1, 2023 for operating the main structure and ADU without a business license and a notice of violation was sent to the applicant with instructions to cease operations until a business license was received. A duplicate zoning violation was issued on August 7, 2023 for continuing to operate the short- term rentals in violation of the ordinance. §163.02. AUTHORITY; CONDITIONS; PROCEDURES. (continued) Finding: Additional information received after final packet created. One bedroom within ADU (four guests) for a total of 14 potential guests Finding: (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Access to property is from N. Oliver Ave., a narrow street signed for no on - street parking. Staff finds the proposal will likely adversely affect traffic flows considering the use of the property would be limited to a maximum of 10 guests for the main dwelling and o guests for the ADU if both are approved, which would be out of character with use of the property for residential purposes. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Two vehicles may park within an existing carport. The applicant proposes parking within the circle driveway, which would be limited to a maximum of four vehicles per ordinance. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINEA91d)110 of 1 140 Paqe 6 of 26 (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant proposes typical residential trash cart service rather than dumpster service. Staff recommends storage of the containers should be screened from public view when not at the curb for residential pick-up. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities are currently available to the site, and the use as a short-term rental is not anticipated to impact the provision of utilities. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Staff recommends that residential carts be screened so that they are not visible from the public right-of-way. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Any proposed signage will be subject to Unified Development Code section 174 — Signs, and all the regulations therein. (g.) Required yards and other open space; and Finding: Based on the applicant's submittal, the structure is meeting relevant setbacks. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds the use to be incompatible with the surrounding properties. The proposed intensity of both the ADU and main dwelling as a short-term rental is likely to be a major impact to the surrounding neighborhood, particularly given the limited on -site parking and narrow surrounding streets. (i.) General compatibility with the goals and intent of the city's adopted land -use, transportation, and other strategic plans. Finding: Staff finds the proposed use to be somewhat incompatible with the City's adopted land use, transportation, and other strategic plans since short-term rentals do not clearly support any of the goals identified in those plans. However, there are safeguards in place that limit how short-term rentals operate to ensure that the City can still meet those goals, including a citywide density cap of 475 units and restrictions on the number of units that may be used as a short-term rental in multi -family dwelling complexes. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINEA9_gd)11 1 of 1 140 Paqe 7 of 26 BUDGET/STAFF IMPACT: None Attachments: • Business Regulations o §118.01 Applicability • Unified Development Code o §163.18 Type 2 Short -Term Rentals in Residential Zoning Districts o §161.07 District RSF-4, Residential Single -Family — Four (4) Units Per Acre • Applicant Request Letter • Site Plans • Building Floor Plan • Elevations • Zoning Violation Reports • One Mile Map • Close -Up Map • Current Land Use Map • STRs Within '/4 Mile Map Additional Information Received after Packet Creation Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)112 of 1140 Paqe 8 of 26 118.01 Applicability (E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (1) Short -Term Rental, Type 1. A short-term rental where the principal use of the property remains as a full- time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. (2) Short -Term Rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. A conditional use permit is required for a Type 2 short-term rental in a residential zoning district prior to the city issuing a business license. (3) License Required. No dwelling unit in the city shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and (b) The owner has designated an agent, where said agent fully complies with all legal requirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current homeowners insurance rider policy which fully covers each unit when operated as short-term rental unit. (4) A separate business license shall be required for each dwelling unit used as a short-term rental. (5) Any change in ownership requires a new or amended business license. (6) If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (7) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned by the city. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E-mail address. (e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and verification that all sales, use, and hotel, motel and restaurant taxes are current. (g) Any additional data as deemed necessary or desirable for permit approval by the Development Services Director. (8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). (11) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. (c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the common area of the short-term rental unit the city phone number to report a safety complaint. (10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during guest occupancy, including nights and weekends, in order to facilitate Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)113 of 1140 Paqe 9 of 26 compliance with this section. For the purposes of these regulations, 'availability' means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within three (3) hours of being contacted. (11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about guests. Such records shall be maintained for three (3) years and shall be provided to the City upon request. (12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations. (13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department within twelve (12) hours maximum. (14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Development Services Director through the issuance of a City of Fayetteville Business Registry and License (Business License). (16) Density For Type 2 Short -Term Rentals. A city-wide density cap of 2% of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by right shall not contribute to the city-wide density cap. (b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi -family dwelling complex. (c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a part of a multi -family complex shall have no more than one (1) Type 2 short-term rental unit per building complex. (d) Where attached residential units are held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of a business license. (17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code. (18) Short-term rentals must comply with all applicable codes under Unified Development Code §163.18 and § 164.26 successfully obtain a business license prior to operation. ( Ord. No. 6427 , §§1(Exh. A), 2, 4-20-21; Ord. No. 6505 , §1(Exh. A), 11-16-21; Ord. No. 6521 , §§1, 2, 1-18-22; Ord. No. 6537, §1(Exh. A), 2-15-22) 163.18 Type 2 Short -Term Rentals in Residential Zoning Districts (A) Residential Zoning Districts. Type 2 short-term rentals may be permitted as a conditional use in the following residential zoning districts: 1) R-A 2) RSF-.5 Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINft9_QC3)114 of 1140 Page 10 of 26 3) RSF-1 4) RSF-2 5) RSF-4 6) RSF-7 7) RSF-8 8) RSF-18 9) RI-12 10) RI-U 11) RMF-6 12) RMF-12 13) RMF-18 14) RMF-24 15) RMF-40 16) NC Short term rentals may be permitted by right or by conditional use in planned zoning districts subject to the zoning regulations enacted by the City Council for each district. Short-term rentals in non-residential zoning districts, mixed use zoning districts, or other zoning districts not listed above are not required to apply for a conditional use permit. (B) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a short-term rental. (C) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (D) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (E) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (F) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city- wide density maximum, may be granted by the Planning Commission as a conditional use permit. (G) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. (H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: 1) Adequate parking infrastructure; 2) Adequate adjoining or nearby streets for on -street parking; 3) Frequency or concentration of nearby licensed Type 2 short-term rentals; and 4) Prior zoning or code violations ( Ord. No. 6427, §§1(Exh. E), 2, 4-20-21; Ord. No. 6505, §2(Exh. B), 11-16-21; Ord. No. 6537 , §2(Exh. B), 2-15-22) Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg-Qd)115 of 1140 Paqe 11 of 26 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg-Qd)116 of 1140 Page 12 of 26 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg-Qd)117 of 1140 Page 13 of 26 APPLICANT REQUEST LETTER Please see attached Site Plan with detailed images of parking. The Main House has a very large circle driveway that can easily fit multiple cars. The far right side of the driveway when looking at the house from the street has a long drive leading down to the cottage. For any overlapping stays we would ask that the main house guests keep the far right side clear for the cottage guests. The cottage would allow 1 parking spot down the straight part of the driveway , and the main house up to 3 parking spots around the circle driveway. The total occupancy for the main house would be 10 people and the cottage allows 2-4 people. So the most occupants on the property combined would be 14 people. A) Roughly 3.190 Sq Ft B) The Exterior of the House is a Light Brown color C) Zero Off -Street Parking spaces would be utilized. Our circle driveway on the property can comfortably hold around 6 cars. D) There is outdoor lighting at the entry way, and on the back patio/decks E) We do not allow parties at our property. The only noise would come from tailgating on game days (which would be hard to avoid short term rental or not on game day with a property right behind the stadium!) F) We have a tall fence on each side that separates our property from the adjacent properties. G) We have Trash service with the city that comes once a week. We have 3 Large trash bins to have ample room for trash so that it is not unsightly to any passerby. Our trash cans are on the side of our house by a fence off the circle drive out of the way. A few large plants/trees block the view of the trash from the street. H) The property is easily accessibly by the circle drive on the property. There would be no traffic impacts as the only parking provided would be in the circle driveway on the property. 1) We have loved being able to host out of town guests through out the year on our property that lies within walking distance to the University of Arkansas campus. It has been a prime location for New Student Orientations. Parent Visits, Sporting Events, etc. Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING H0LDINEAI_qC3)118 of 1 140 Paqe 14 of 26 •. r• / • K G 40 I t INVEsr!�UL TyS� �fORti L:�I). PALL 1 & LISA ' UNI�•ERSITY 1 111E•.\•IULE ! RAl OF, ARKANSAS c�' r o ® I-TTEVILLE w 426' —JBMH LLGA INGI ♦ •� _ r , • z • . r IK- .. III I I 1LLL\.LAKE KI \ t tl \HI I I f<I ! 4200 •tteville, A • 437 N Oliver Ave 9 X Asia;,* Fayetteville, Arkansas •_ 1• •+• t d • Google Street View Jul 2019 See more dates i 4. ZO ter; s_-* tom; �;<.. • : � r � - - ' a + AW I September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINFA9-q 3)120 of 1 140 Paqe 16 of 26 Planning Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)121 of 1140 Page 17 of 26 s k�� ` . pt T "SIC C 'ram r g*'.,.. F.µ t =V?1� r x 4 r JA ,Lip i� l r •;ate -'' T' = '�► �'--?`pit.+-� ' :�?Ys,,r.-•• �•t► _ : r. `. .. �+K.�ia,.c�-�.�=-��" - -- 1 I �...{�•• >A Sim NAT V FY, 4 � `rf f lower �-� 1 a 3 Z5 as r VA "Ale Q` �vt WIN LML Ci Fw,) bMyer �r�r df,ck l0OWA �rohk Do�� Planning Commission i2i4 NVSeptember 11, 2023 3-0096 (HOGTAILGATING HOLDI q d)123 of 1140 Paqe 19 of 26 0 CITY OF FAYETTEVILLE ARKANSAS Case Type: Zoning/Development Status: In Progress Assigned To: Bliss Hyke Project: Opened Date: 05/01/2023 District: Default Closed Date: NOT CLOSED Description: PZ200 PZ320 PZ340 PZ300 I The address of 426 N Oliver has two dwellings on the property (The main house- "The Stadium House" and the ADU unit "The Stadium Cottage") with active AirBnB's ran out of both. They had applied for one STIR (STR-000817-2021) which was denied due to lack of documents to Katie Moore. So they would need to apply for two STR's and a CUP for the main house. FYI: The CUP in the message below was approved on Monday for the neighbor's house. Parcel: 765-14494-000 Main I Address: 426 N Oliver Ave Main I Zone: RSF-4 (RSF-4) Fayetteville, AR 72701 Owner Owner Sean Vollendorf Sean Vollendorf 9 E Caroline Ln 9 East Caroline Lane E Caroline Ln Tempe, AZ 85284 Tempe, AZ 85284 Business: 4792839694 Business: 4792839694 Mobile: (479) 283-9694 Mobile: (479) 283-9694 Planning Commission September 06, 2023 125 West Mountain Street, Fayetteville, AR 72701 September 11, 2023 Page 1 of 3 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)124 Of 1140 Page 20 of 26 Note Created By Date and Time Created 1. designated agent contacted office. i emailed application instructions and noted that Kimberly McGuire 5/1/2023 3:42 pm main house would need type 2 application, cottage would need type 1. CUP also needs to be applied for this kind of license. 2. still have not received an application for this property. do not see it listed on any Kimberly McGuire 6/30/2023 11:54 am rental websites. sending email to get status on if owner still wants to pursue STR. 3. Hi Kimberly, Kimberly McGuire 6/30/2023 1:28 pm We have been working on gathering what is needed for the CPU permit first after getting more direction from their office. Once we have that we will start the application process over. Thanks, Renee 4. STR-0785-2023 & STR-0786-2023 Kimberly McGuire 7/26/2023 10:49 am 5. Property Advertised on AirBNB Donna Wonsower 8/7/2023 10:27 am 6. sent email to property owner and designated agent, see files Kimberly McGuire 8/7/2023 1:54 pm 7. Property owner email dated 8/8/23 states that Airbnb listings for both main house Kimberly McGuire 8/8/2023 3:54 pm and ADU were taken down. Confirmed. 8. Initial application for STR type 2 was submitted 7/27/21 and denied 7/21/22. Kimberly McGuire 8/8/2023 3:55 pm Internal notes state that there was not enough information provided by applicant to continue processing application for issuance despite attempts to contact owner. 9. CVZD-2023-0312 PZ320 Request Category: Permitting. This is an unlicensed short Bliss Hyke 8/23/2023 2:49 pm term rental. It is not on the city's development economic and development services page as being a licensed STR. But it is on Air Bnb listed as two different properties. \"The Stadium House\" and \"The Stadium Cottage\". \n\nhttps://www.airbnb.com/rooms/1 0948395? source_impression_id=p3_1682609075_PJ8GfXGsEzOSBgRL\u0026modal=PHOT O_TOU R_SCROLLABLE\n\nhttps://www.ai rbn b.com/rooms/720928942702662378 adults=2\u0026ch ild ren=0\u0026enable_m3_private_room=false\u0026infants=0\u 0026location=FayetteviI le%2C%20AR\u0026pets=0\u0026check_i n =202 3-05-1 2\u 0026check_out=2023-05-19\u0026federated_search_id=5f9d3ce0-5f3b-4b67-bff 8-ee0dbecffe97\u0026sou rce_impression_id=p3_1682608938_OhzNJ96LRrxTSh YE\u0026modal=PHOTO_TOU R_SCROLLABLE\n\nPlease review and check out this information. 10. CVZD-2023-0490 pz320 - Complaint states that they continue to operate and Bliss Hyke 8/23/2023 2:49 pm advertise without a CUP/STR. (case is redundant to CVZD-2023-0320) 11. CUP-2023-0096 FOR THE MAIN HOUSE. Bliss Hyke 8/23/2023 3:44 pm Activity Type Activity Number Activity Name User Created On Notice of Violation PRE-0397-2023 Kimberly McGuire 05/02/2023 Tracking Other Activity ACT-1123-2023 Bliss Hyke 08/23/2023 Violation Code: 161.02 - Operating without a Business Violation Status: In Violation Citation Issue Date: 05/02/2023 License Compliance Date: Code Description: Operating without a Business License Resolved Date: Corrective Action: Cease non -compliant activity or receive business license approval. Planning Commission September 06, 2023 125 West Mountain Street, Fayetteville, AR 72701 September 11, 2023 Page 2 of 3 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)125 Of 1140 Paqe 21 of 26 0 CITY OF FAYETTEVILLE ARKANSAS Case Type: Zoning/Development Status: Escalated - Planning Assigned To: Bliss Hyke Project: Opened Date: 08/07/2023 District: Default Closed Date: NOT CLOSED Description: pz320 - Complaint states that they continue to operate and advertise without a CUP/STR. (case is redundant to CVZD-2023-0320) Parcel: 765-14494-000 Main Address: 426 N Oliver Ave Main Zone: RSF-4 (RSF-4) Fayetteville, AR 72701 Planning Commission September 06, 2023 125 West Mountain Street, Fayetteville, AR 72701 September 11, 2023 Page 1 of 1 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)126 of 1140 Page 22 of 26 Zoning Violation Email Wonsower, Donna From: Sean V <svollendorf@gmail.com> Sent: Tuesday, August 8, 2023 3:36 PM To: McGuire, Kimberly Cc: greshamrenee@gmail.com; Wonsower, Donna; Bertram, Becca; Masters, Jessica Subject: Re: 426 N Oliver Ave. I Advertising without Business License CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kimberly, I spoke with Donna yesterday and she was super helpful. She even stayed on the phone with me past 5pm, which I greatly appreciated. Too kind. Thank you, Donna! We have operated this short term rental in compliance from day one, so I'm disappointed that we forgot to take care of the business license this year. That's my fault completely. We usually are in response mode and get on things quickly as we receive requests by email and/or snail mail, but we understand that there isn't communication that goes out to remind us of renewing the business license. I apologize. It certainly wasn't our intention to operate without a business license. I think you'll see our commitment to the city as we were one of the very early short term rentals to pay taxes to the city. As of this last night, we have taken our listings down (both the main house and the ADU) from all online listing platforms. Of course, we hate to do so because it will result in lost revenue, and it scares us b/c we have a significant mortgage payment, but we have always endeavored to be in full compliance and this situation is no different. Thank you all so much for your help on the phone and by email on this issue. We appreciate it. Sean Vollendorf R1 On Mon, Aug 7, 2023 at 11:52 AM McGuire, Kimberly <kmcguire@fayetteville-ar.gov> wrote: Good afternoon Renee, It was brought to my attention that the subject property is still being advertised as a short-term rental on Airbnb, both the main house and ADU. City ordinance states that you are not to operate or advertise until your business license is issued. For your convenience, I have included a copy of City Ordinance regarding business licensing and highlighted the sections that are relevant. Page 1127 of 1140 The city planner assigned to review your application informed me that your CUP hearing will be Sept. 11, and if the property is not in compliance, the chances of your application being denied are high. Please be aware that the Code Compliance Violation case opened on 5/1/23 is still open and will remain so until your business license is issued and the STRs are operating within compliance. Thank you, Kimberly McGuire (she/her) Business License Clerk Development Services City of Fayetteville, Arkansas Office: 479.575.8352 Website I Facebook I Twitter I Instagram I YouTube cirr ac J7 FAY■TTEVILLE ARKAJ1:4f Page 1128 of 1140 CUP-2023-0096 426 N. OLIVER AVE One Mile View NORTH WEDINGTON I 0 0.13 0.25 0.AMiles >nO�ts� ma CPZD RSF-4 CLEVELAND ST "I . - Subject Property ■ I I I I Regional Link - - - Neighborhood Link Institutional Master Plan Regional Link- High Activity- Unclassfied- Alley- Residential Link Planned Residential Link Shared -Use Paved TrailTrail (Proposed) FayettevilleCityLimits PlanningArea • ----- Pla1 Fay<Limits P-1 �1 M Wrl Zoning = I-2 Gan..I Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI- Rasitlenlial-OFca NI C-1 ..id.nY&l erlcunu IIIIIIIIIN C-2 RSF-.5 = C-3 RSF-1 FORM BASED DISTRICTS RRSF-2 Downtown Core SF< IIIIIIIIIN Ur.n Tlwroughlare RSF' Maln sh-t Center RSFA Dmm— Genre, RSF-1a Community Sarvi.a RESIDENTIALMULTI-FAMILY Neigh-haatl Sery RMF. Neighborhaatl Conse J. RM112 PLANNED ZONING DISTRICTS RMIts I♦ Commercial. Industrial. I-id-.1 RMF-sa INSTITUTIONAL RM INDUSTRIAL I-1 Heavy Commercial and Light Industrial annlnq Uommission CUP-2023-0096 (HOGTAILGATING HOLDIN[�Ag_gd)129 of 1 140 Paqe 23 of 26 CUP-2023-0096 Close Up View w a a HAL•SELL--RD � Regional Link - High Activity Residential Link Hillside -Hilltop Overlay District ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail — — — Trail (Proposed) 426 N. OLIVER AVE MA w a w J O RSF-4 RSF-8 a�Q Feet 0 75 150 300 450 600 1:2,400 RSF-4 RSF-8 Neighborhood Conservation P-1 September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)l30 Of 1140 Page 24 of 26 CUP-2023-0096 426 N. OLIVER AVE Current Land Use NORTH H' J r Single -Family Residential and University of Arkansas f+. Y M_A_PLE , S_T _ _ P Subject Property Or 1 I o . 4, F N Y EII11 Pr. I: 05143 OF 1�.1 c' €f Fe rFph rt eff+ 5'/1 08 -owl R A, University of Arkansas � Single -Family Residential r-. p ^ N �� 11 �� . q' V: University of Arkansas p �F ►fp F MARKHAM RD— — _* _ '+1 r' e �° :: �,, - "�' 051, 3CO210F ►«P �; � I FI!'�� K �Y F s Institutional Master Plan FEMA Flood Hazard Data Regional Link - High Activity Alley 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 I� Planning Area Fayetteville City Limits 1'3'600 anninq Commission September 11, 2023 CUP-2023-0096 (HOGTAILGATING HOLDINftg_gd)131 of 1140 Page 25 of 26 CUP-2023-0096 STRs Within 114 Mile i urtleD I\I 1 426 N. OLIVER AVE • AL - I Hill �+"i�'►.7� r M U 10r L Noest 01 i , AM geuau. 1C, ECHP z �- POSC - Y I 11 - J AFL1 _ Ma VeTSit E+ADMN :.L:P.' .i"ri:*:.77,�: 3 Y PA r o (a Razorback oC I F . - • i rk U - SDPG 11 �. y J I Stadium +� �Barnh �FSFCr A a 4; ZN :. R: lard & Pat NORTH Walker BLCA Number of STR Licenses 0 Subject Property Short Term Rental, Type 2 Feet 0 200 400 800 1,200 1.4,800 Total 1 CUP-2023-0096 (HOGTAILGATING HOLDINEA9_gd)132 of 1 140 Paqe 26 of 26 Received 9/11/2023 Additional ADU Information Wonsower, Donna From: Renee Gresham <greshamrenee@gmail.com> Sent: Monday, September 11, 2023 8:45 AM To: Wonsower, Donna Cc: Sean V Subject: Re: CUP-2023-0096 Staff Report Attachments: IMG 7630.JPG CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I don't believe the floor plan attachment was attached in the previous email with the pictures of our ADU. I attached it below. Sorry about that! On Mon, Sep 11, 2023 at 8:43 AM Renee Gresham <greshamrenee@gmail.com> wrote: Hi Donna, See attached photos and rough floor plan drawing of our ADU. It sleeps 2-4 people. Please let me know if you need any other additional information on it. Thanks, Renee On Mon, Sep 11, 2023 at 8:20 AM Wonsower, Donna <donsower@fayetteville-ar.gov> wrote: Good Morning, In reviewing the zoning violations for the report, the ADU page on AirBnB lists three bedrooms (8 guests) with photos included for this unit (see below screenshots). Regarding the parking, staff and the commission review whether the proposal can likely support the proposed number of guests without violating the ordinance. While it may be possible to host up to 14 guests within ordinance, we must evaluate whether the available parking is sufficient for the property (see below from Chapter 163.18). Staff determined that due to the high number of guests, the parking is likely insufficient for the demand. Page 1133 of 1140 Best Regards, Donna Wonsower (she/her) Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube From: Renee Gresham <greshamrenee@gmail.com> Sent: Friday, September 8, 2023 5:06 PM To: Wonsower, Donna <dwonsower@favetteville-ar.gov> Cc: Sean V <svollendorf@gmail.com> Subject: Re: CUP-2023-0096 Staff Report CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Donna, One question I do have is that it's stating the ADU and Main Dwelling can hold up to 18 people basing off of 3 bedrooms from the ADU and 4 from the main house. The ADU is only a studio that can sleep up to 4 people so I don't know where the 3 bedroom number came from? The main house is correct as a 4 bedroom that can sleep 10 people for a total of 14. We would allow one car for the ADU and 3 for the main house which would be within the requirements of the 4 car maximum limit. Can you please explain how this would violate the current parking codes? Page 1134 of 1140 Thanks, Renee On Fri, Sep 8, 2023 at 4:36 PM Wonsower, Donna <dwonsower@favetteville-ar.gov> wrote: Good Afternoon, See attached for staff's report for the meeting on Monday. We are recommending denial of the request due to the potential large number of guests and limited parking spaces. Please review the report and let us know if you have any questions. Best Regards, Donna Wonsower (she/her) Planner, Development Services 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube Page 1135 of 1140 Received 9/11/2023 Attachments from ADU Information Email License Number: STR-0786-2023 • License cannot be printed at this time. License has not been issued. License Details I Tab Elements I Main Menu License Details License Type: Short -Term Rental Type District: U of A/Center of Fay Applied Date: 07/25/2023 1 Issued By: Administrator, Period Start Date: EGSystem Status: In Review Expiration Date: 01/OL2999 Description: Cottage on Parcel of Land- Short Term Rental Property Business Locations Fees Inspections Attachments Contacts Classifications More Info I First Tab I License Details I Main Menu More Info Top I Main Menu Own or Lease STIR Property Own Total Dwelling Units on 2 Property Dwelling Unit Type Single Family Residential Cottage Number of Bedrooms 1 Page 1136 of 1140 Attachments from ADU Information Email Received 9/11/2023 T T 7T ii Page 1137 of 1140 Attachments from ADU Information Email Received 9/11/2023 (H) Short-term rentals in residential zoning districts maybe subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; and (4) Prior zoning or code violations. (Ord. No. 66�0 §5(Fxh. B), 12-20-22) Bedroom 1 Oveen bed sofa bed Bedroom 2 Bedroom 3 W oirbnb i. 0 Razorback Stadium Views -Walk to Games & Campus A 19 Entire home hosted by Weekender Management $242 L_Il Self check -in 'dieekender Manaaemrnt s e Sucerhost Page 1138 of 1140 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 10, 2023 CITY COUNCIL MEMO 2023-1176 TO: Mayor Jordan and City Council THRU: Steven Dotson, Internal Auditor FROM: Paul Becker, Chief Financial Officer DATE: October 4, 2023 SUBJECT: Council decision on RFP 23-12, Innovative Concepts for Housing Solutions and Case Management, funded by remaining ARPA award. RECOMMENDATION: City Council is serving as the selection committee for RFP 23-12 Innovative Concepts for Housing Solutions and Case Management. This RPF would be funded with the remaining balance of American Rescue Plan Act award. Staff recommends that City Council decide how to proceed with this RFP by either authorizing city staff to negotiate and execute a contract with one of the applicants, requesting further information from one or both applicants, or rejecting both applicants. BACKGROUND: City Council expressed interest in engaging vendors to collaborate on a plan to seek a comprehensive solution from concept to execution to address housing instability. DISCUSSION: At the request of City Council, the City of Fayetteville utilized a competitive procurement approach seeking to engage vendors and experts to collaborate on designing and executing a leading -edge solution. Instead of asking for a product, or defined scope of work, the City identified an issue for which a holistic solution is needed. Through this process, the City Council requested a creative solution, from concept to execution, to address housing instability. If a project is selected to move forward, funding would be provided by the remaining $1.63 Million of the American Rescue Plan Act award. BUDGET/STAFF IMPACT: Funding will be provided by the remaining $1.63 Million in ARPA funds. ATTACHMENTS: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 1139 of 1140 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1176 Council decision on RFP 23-12, Innovative Concepts for Housing Solutions and Case Management, funded by remaining ARPA award. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH , PURSUANT TO RFP 23-12, IN THE AMOUNT OF FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE WHEREAS, the City Council expressed interest in engaging vendors to collaborate on a plan to seek a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds; and WHEREAS, at the request of City Council, city staff utilized a competitive procurement approach seeking to engage vendors and experts to collaborate on designing and executing a leading -edge solution to this issue; and WHEREAS, on October 17, 2023, the City Council, sitting as the selection committee, selected the proposal of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a subrecipient agreement with , pursuant to RFP 23-12, in the amount of , for a project to address housing instability in Fayetteville. 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