The URL can be used to link to this page

Home My WebLink AboutOrdinance 6718113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6718 File Number: 2024-1715 FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE WHEREAS, on September 20, 2016, the City and Fayetteville School District entered into a Joint Lease Agreement for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville; and WHEREAS, on April 18, 2017, the City Council passed Ordinance 5968 approving Amendment 1 to the Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres; and WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities. 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 authorizes Mayor Jordan to sign Amendment 2 to the Joint Lease Agreement with the Fayetteville School District, a copy of which is attached to this Ordinance. PASSED and APPROVED on February 20, 2024 Attest: `��K I T RY OP F, .... n FAYEEVILLE; erk Treasurer Kara Paxton, City •� ��. . ; ft TON This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkans901811111 0"� Amount Paid: $ (10. qto Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 20, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Amendment Two to a Lease with the Fayetteville Public School District RECOMMENDATION: Approval of Amendment Two to an existing lease with the Fayetteville Public School District. BACKGROUND: 2024-1715 The City of Fayetteville and Fayetteville Public School District have enjoyed sharing use of property since 1973 to make the best use of resources. Over the years needs have changed and the lease has been amended from time to time based on the needs of the community. DISCUSSION: Staff has worked with the Fayetteville Public School legal counsel since last summer to clarify use of Lewis Fields and the Lake Fayetteville Environmental Study Center, and to make an addition to lease to include a District owned parking lot that serves the north end of Walker Park. This lease amendment will update the lease based on current property use and clarify the shared use of Lewis Fields that was previously included in the land purchase agreement. Major changes to the lease include: • Omitting the lease for the Lake Fayetteville Environmental Study Center • Omitting the lease for a portion of the old Jefferson School area grounds where the city formerly programmed a community garden • Including the priority scheduling for Fayetteville Public Schools for at least one of the fields at the Lewis St. property • Adding the use by the City of a parking area they own at the north end of Walker Park The lease terms will remain and expire in 2026, at which time either an amendment or a renewal will be presented for approval. BUDGET/STAFF IMPACT: None. ATTACHMENTS: SRF (#3), Amendment 2 to Lease Agreement with Fayetteville Public Schools - Signed (#4), 167-16 Resolution - Fayetteville Public School Agreement (#5), 5968 Amend Ord. 3898 (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1715 Amendment Two to a Lease with the Fayetteville Public School District AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL, AND LAKE FAYETTEVILLE WHEREAS, on September 20, 2016, the City and Fayetteville School District entered into a Joint Lease Agreement for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville; and WHEREAS, on April 18, 2017, the City Council passed Ordinance 5968 approving Amendment 1 to the Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres; and WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities. 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 authorizes Mayor Jordan to sign Amendment 2 to the Joint Lease Agreement with the Fayetteville School District, a copy of which is attached to this Ordinance. Page 1 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2024-1715 Item ID 2/20/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2024 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of Amendment Two to an existing lease with the Fayetteville Public School District. 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: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # 167-16, Ord 5968 Approval Date: AMENDMENT #2 TO JOINT LEASE AGREEMENT WHEREAS, on September 20, 2016, the City of Fayetteville, Arkansas and Fayetteville School District entered into a Joint Lease Agreement for portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville; and WHEREAS, on April 18, 2017, the parties executed Amendment #1 to Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres; WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities; and WHEREAS, this document evidences the mutual agreement between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and Fayetteville School District, hereafter called "the District," to amend the current Joint Lease Agreement as follows: Section 1: 1. Strike "JEFFERSON ELEMENTARY SCHOOL" and "A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A." 2. Add the following language to be included as a new property leased by the City: "JEFFERSON ADMINISTRATION PARKING LOT; A portion of the parking lot of the Jefferson Administration Building identified in the map attached as Exhibit A." Section 2 1. Strike current language entirely. 2. Add the following language: "For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City agrees to give priority scheduling of at least one (1) field at Lewis Fields to the District for use by district club and intramural teams, at no cost to the District. The use of the field is non-exclusive, however the District is entitled to priority scheduling provided the District gives reasonable notice, as determined by the parties. The City will not charge a cost to the District for the use of the field or for the maintenance of the field" Section 3 1. Amended to read as follows: "The term of this Joint Lease shall begin on September 20, 2016, and end on September 19, 2026, unless sooner terminated by three (3) months written notice by any of the parties hereto. The parties may waive the three month notice requirement by mutual written agreement." Section 4 1. Delete section (a) and replace with: Jefferson Administration BuildingPg Lot Maintain the parking lot, which includes litter pick up, striping, and repairing normal wear and tear from use; ➢ Ensure public use of the parking lot conforms to the City's expectation of public use for other City parks and public areas; and ➢ Promptly report any concerns or issues with the parking lot to the District. Section 6 1. Strike entirely Section 7 1. Strike entirely Section 8 1. Strike entirely Section 9 1. Strike entirely Section 18 1. Add the following language: "The parties agree and understand that this Amendment to the Joint Lease Agreement is complementary and supplementary to the Memorandum of Understanding between the parties regarding the Possession, Use, and Maintenance of the District's Portion of the Lewis Fields Property." EXHIBIT TO FOLLOW IN WITNESS WHEREOF, the parties to Amendment No. 2 to the Joint Lease Agreement have caused their signatures to be set by their authorized representative effective the date set forth herein above. FAYETTEVILLE SCHOOL DISTRICT CITY OF FAYETTEVILLE, Dr.. John 1Mulford, Superintendent WITNESS: ATTEST: ,�HNrrrhi� tRkK -fl Kara Paxton, City erk-Treasurjr : FAYETTEV1LL E ; A)` kArvsP.•��•` iu Exhibit A Replace with Jefferson Administration Building Parking Lot Exhibit A *use limited to the parking lot east of the creek, as indicated by the P Exhibit C Remove entirely. N �. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED on 9/20/2016 MrRF,I 0p'• SG�'� � •' • -o'er • y FAYETTEVILLE;� Attest: 9QkANSP�J� i0 1,,`�� Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9121116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ,S�rri (479) 575-8323 Text File File Number: 2016-0414 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. City of Fayetteville, Arkansas Page 1 Printed on 912112016 JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and inconsideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: JEFFERSON ELEMENTARY SCHOOL A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A. HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87' 26' 29" East 992.643 feet, thence with the East line of said SE -NW North 02' 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02' 33' 38" East 276.225 feet; thence leaving said East line North 87' 26' 19" West 967.758 feet; thence South 02' 33' 41" West 276.225 feet; thence South 87' 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. The Holcomb Elementary School leased premises are further identified in the map attached as Exhibit B. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City non -exclusively lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in anyway affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: fN.V14MMMIAON00BLYI0@y A part of the East Half of Section 13 and part of the East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning atthe Northwest corner of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) of said Section 13; thence with the North line of said SE- NE-13-17-30 South 87' 06' 01" East 1303.739 feet; thence South 02' 29' 13" West 17.192 feet thence South 87' 51' 20" East 818.386 feet; thence with the West right-of- way line of Highway 265 (Crossover Road) the following calls: South 06' 01' 18" West 2.822 feet; thence South 11' 44' 19" West 100.498 feet; thence South 06' 01' 42" West 47.6 feet; thence South 02' 51' 10" West 95.156 feet; thence South 03' 19' 2 1 " East 89.915 feet thence South 08' 19' 18" East 59.959 feet; thence South 1 1° 49' 2 1 " East 44.973 feet; thence South 14' 19' 18" East 29.984 feet; thence South 17' 19' 22" East 59.959 feet; thence South 19' 19' 20" East 832.701 feet; thence South 16' 46' 49" East 98.118 feet; thence South 09' 44' 20" East 173.596 feet; thence South 01 ° 14' 19" East 154.34 feet; thence South 02' 45' 41" West 926.592 feet; thence South 02' 44' 44" West 1322.566 feet; thence South 02' 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87' 36' 40" West 3750.975 feet; thence North 00' 10' 36" West 831.004 feet; thence North 72' 00' 17" East 1351.875 feet to a point on the West line of the SE-13-17-30; thence with said West line North 02' 09' 09" East 2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit C. 3. The term of this Joint Lease shall begin on . 44, 2016 and end on ,z 9 , 2026, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Jefferson Elementary School ➢ Build and maintain the community gardens; and ➢ Administer garden plots by subleasing individual or family plots to Fayetteville residents for a single growing season for non-commercial purposes. b. Holcomb Elementary School ➢ Pick up trash and mow leased area; and ➢ Schedule softball fields. 5. The District agrees to allow the City to use the Holcomb Elementary School parking lot and portions of the softball fields at Gary Hampton Softball Complex located on District property for softball leagues, tournaments and sport clinics at no charge. 6. The City agrees that the process of subleasing of Community Garden plots will be conducted in a fair and nondiscriminatory manner, and the fee charged will only be sufficient to cover estimated seasonal water use and minor administrative costs. -2- 7. The City agrees that access to the Community Gardens does not include access to any building on the former Jefferson School Grounds. All ingress/egress to the raised bed garden area shown on Exhibit A in the northwest area of the grounds will be provided through the wrought iron gate. The Fayetteville Community Garden Coalition and participating gardeners shall be responsible for maintaining the gardens and garden area upon the leased premises in a satisfactory condition. The premises shall, at all times, be maintained in a neat and orderly condition. All garden operations will be carried on in accordance with high standards, particularly in the areas of cleanliness, service and noise. 8. The District acknowledges that the lease for the Lake Fayetteville property is non- exclusive and agrees that the City may also enter into a separate lease agreement for the property with the Springdale School District. The District agrees to work with the Springdale School District and may enter into a separate agreement with the Springdale School District regarding access to and responsibilities and obligations with respect to the leased premises. 9. The District further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and the District agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 10. The City and the District shall have the right to inspect the leased premises at all reasonable times. 11. Facility expansions and all site alterations must have prior written approval by the owner and meet all owner standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land, and become the property of the owner at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 12. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Constitution and Statutes of the State of Arkansas. 13. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. - 3 - 14. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 15. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 16. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 17. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 19. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. I WIT ESS WHEREOF, the parties hereto have set their hands this,�y of af2016. CITY OF F By: ° ioneld J ATTEST: ARKANSAS FAYETTWVILLE SCHOOL DISTRICT By:_" 6�- --- Sandra Smith, City{q -t�C'rA§urer ��`'ti�f'� t�,li•Y T��sr :ter . 4 YET-rEVIL • r • ��llllll t, Su ATTEST: By: -`- Paula Neal, Administrative Assistant to the Superintendent MEIE ACKNOWLEDGMENT State of Arkansas ) ) SS. County of Washington ) On this the ..5 day of Q40 2016, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared LIONELD JORDAN and SONDRA SMITH, to me well known, who stated that they were the Mayor and City Clerk -Treasurer, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had execuomlIVIVI? ]1g instrument for the consideration, uses and purposes therein contained..cpiDMlSy�� In witness whereof I hereunto set my hand and official set: r�•�1 � � `L q� rs My corm Ission expi e►C rK bl is -5- 1*1 C 0 V 0 J = Q ca •— 7 LU E E 0 U L ;Z , j. _ ---� �.. _�.�_A .!'�4► � _�llrY _fir` � "�,.: Aw fll � � Y —LIP .` r. _ - � �'+-�r,"?-+.::''. _. '�' _'fir,•' y �5 �, ., _ CL r. to �} I- .,c7�1 N7�17� �_ �.. S � � � � r � +•�� t r��. 55 N �.� ,��- --�. �i ter.' .�---- n - aIF poly t5 y i�rsC y Ai ;' ir' fir, fj— No T3, • � �', +"� :> °:� ti ' �. i - '>��°,�y �f . E d� � I l[ }+VAT _ oj5+e �� ` _• ,f �� '�, �: j' �, '.jay j e�t S� - M1 ti i �``,, �•+� . #', � Via.. �� '� � r� .,n -, �� "fin ,�, -�! Y 1y'V,� eil-m( NZ e � 71 C3,' a R�� 4f i•' "�,T�'y ISM �. '''. �Iti .ww 9 j r f;' • +v F s ` Rom+:: i'� x 'a uj i i LU 21 f� . • • ' �itdR �= to CT' h PW F IS �IGSd `CiU Sw t r w f y`` y UA r i v �i _ k } 1, r. ;: s, .+ r} ' 2 Y/ ` �•.'nyl . 0. ! A," K^ 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5968 File Number: 2017-0194 AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT: AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY 1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE, TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7 ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL ACREAGE WHEREAS, on June 20, 1995, the City Council passed Ordinance 3898 to reserve and maintain more than 260 acres on the eastern end of Lake Fayetteville for nature study purposes for the benefit of Fayetteville residents as well as the Fayetteville and Springdale school districts which had jointly constructed a nature study center on the property; and WHEREAS, the Botanical Garden Society of the Ozarks, Inc. has identified a parcel of land approximately 1.7 acres in size adjacent to its leased premises that is currently within the nature study reserve on which it wants to construct an Operations Center to facilitate the maintenance of existing and future gardens; and WHEREAS, the Springdale School District and Fayetteville School District have agreed to the proposal to amend Ordinance 3898 and reduce the nature study enter reserve by approximately 1.7 acres, and the Fayetteville School District has also agreed to amend its Joint Lease Agreement with the City that covers portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 4119117 Ordinance: 5968 File Number.' 2017-0194 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 3898 to remove approximately 1.7 acres from the Lake Fayetteville Nature Study Center Reserve as shown on the map attached to the Parks and Recreation Department's Agenda Memo as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment # 1 to the Joint Lease Agreement with the Fayetteville School District to remove approximately 1.7 acres from the leased premises. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Botanical Garden Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. by adding approximately 1.7 acres to the leased premises and further approves an amendment to the Botanical Garden of the Ozarks Master Plan to add an Operations Center to the additional acreage. PASSED and APPROVED on 4/18/2017 Page 2 Attest: Sondra E. Smith, City Clerk Tr ��. Q) �C Y 0 -U� f:AYET-I EVII_LE; _ •� '�;ys` �kAN��P•J�'�• �/Vii Printed on 4119117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0194 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 AMEND ORD. 3898, BOTANICAL GARDEN AND FAYETTEVILLE SCHOOLS AGREEMENT: AN ORDINANCE TO AMEND ORDINANCE 3898 BY REMOVING APPROXIMATELY 1.7 ACRES FROM THE LAKE FAYETTEVILLE NATURE STUDY CENTER RESERVE, TO APPROVE AN AMENDMENT TO THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO REFLECT THE REMOVAL OF THE 1.7 ACRES, TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. TO ADD APPROXIMATELY 1.7 ACRES TO THE LEASED PREMISES, AND TO APPROVE AN AMENDMENT TO THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN TO ADD AN OPERATIONS CENTER ON THE ADDITIONAL ACREAGE WHEREAS, on June 20, 1995, the City Council passed Ordinance 3898 to reserve and maintain more than 260 acres on the eastern end of Lake Fayetteville for nature study purposes for the benefit of Fayetteville residents as well as the Fayetteville and Springdale school districts which had jointly constructed a nature study center on the property; and WHEREAS, the Botanical Garden Society of the Ozarks, Inc. has identified a parcel of land approximately 1.7 acres in size adjacent to its leased premises that is currently within the nature study reserve on which it wants to construct an Operations Center to facilitate the maintenance of existing and future gardens; and WHEREAS, the Springdale School District and Fayetteville School District have agreed to the proposal to amend Ordinance 3898 and reduce the nature study center reserve by approximately 1.7 acres, and the Fayetteville School District has also agreed to amend its Joint Lease Agreement with the City that covers portions of Jefferson Elementary School, Holcomb Elementary School, and Lake Fayetteville. 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 amends Ordinance 3898 to remove approximately 1.7 acres from the Lake Fayetteville Nature Study Center Reserve as shown on the map attached to the Parks and Recreation Department's Agenda Memo as Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment # 1 to the Joint Lease Agreement with the Fayetteville School District to remove approximately 1.7 acres City of Fayetteville, Arkansas Page 1 Printed on 411912017 File Number: 2017-0194 from the leased premises. Section That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Botanical Garden Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. by adding approximately 1.7 acres to the leased premises and further approves an amendment to the Botanical Garden of the Ozarks Master Plan to add an Operations Center to the additional acreage. City of Fayetteville, Arkansas Page 2 Printed on 411912017 Connie Edmonston Submitted By City of Fayetteville Staff Review Form Legistai . _. _...._ 4/ 7 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 Parks & Recreation / Parks & Recreation Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of amendments to the Botanical Garden of the Ozarks' lease agreement and master plan, an agreement with Fayetteville Public Schools, and a Resolution and Ordinance for preservation of Lake Fayetteville Park in order to add 1.7± acres to build an Operations Center for maintenance purposes as requested by the Botanical Gardens of the Ozarks. Budget Impact: n/a Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget I 1 V20140710 Previous Ordinance or Resolution # See below Original Contract Number: Approval Date Comments: Res 34-73; Ord 3898; Res 166-14; Res 167-16 CITY OF • aeevle ARKANSAS MEETING OF APRIL 18, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Connie Edmonston, Parks and Recreation Director DATE: March 31, 2017 SUBJECT: Amendment to Lake Fayetteville Agreements requested by the Botanical Garden of the Ozarks to add 1.7± acres to build an Operations Center. RECOMMENDATION: Staff recommends approval of amendments to the Botanical Garden of the Ozarks' lease agreement and master plan, an agreement with Fayetteville Public Schools, and a Resolution and Ordinance for preservation of Lake Fayetteville Park in order to add 1.7± acres to build an Operations Center for maintenance purposes as requested by the Botanical Gardens of the Ozarks. BACKGROUND: Lake Fayetteville was purchased in 1948 - 1949 to construct Lake Fayetteville -as a water supply for the City. The Beaver Water District was established in 1959 by Fayetteville, Springdale, Rogers and Bentonville to provide treated water from Beaver Lake. As a result, the City decided to utilize the 595 acres at Lake Fayetteville for recreational purposes and as a secondary water source for the City. - Over the years, the City has designated 260 acres on the north side of the lake as a nature study area for fifty year, approved a lease agreement with Fayetteville Public Schools for 260+ acres for the Lake Fayetteville Environmental Study Center and approved a lease agreement with the Botanical Garden of the Ozarks for 40 acres on the east side of the lake to establish a botanical garden. DISCUSSION: The Botanical Garden of the Ozarks (BGO) Board of Directors has requested an addition of approximately 1.7± acres on the north side of their current leased area. BGO intends to construct a 2,800 square foot operations center to facilitate maintenance of their gardens. This requested -area falls within the boundary of property that is currently leased to the school districts as a nature area. This land was chosen as the site most suitable to conduct maintenance of the gardens and the space is large enough to support future expansion of the garden. The Board stated they have obtained donor support for construction of the operations center to ultimately include five greenhouses, an office area, bulk storage, and compost area. This request will require amendments to three resolutions, one ordinance, and the 2028 Botanical Garden of the Ozarks Master Plan as outlined below: Mailing Address: 113 W Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Resolution #34-73, approved by City Council on April 17, 1973, set aside 267 acres for fifty years on the northeastern section of Lake Fayetteville property to remain preserved, maintained primarily in its natural state, and developed as a Nature Study Center for the use of the Fayetteville and Springdale Public School Districts and as a natural park area for Fayetteville citizens. The school districts built the Lake Fayetteville Environmental Study Center in which thousands of students have gone through the center program for the past 40+ years. 2. In 1995, City Council passed Ordinance #3898 to reserve and maintain this area as a nature study area for an additional 50 years, or the year 2045. 3. A ten year joint lease agreement, Resolution 167-16, was passed on September 20, 2016 with Fayetteville Public Schools for the use of the Lake Fayetteville environmental study area in exchange for the City's use of the community garden located at the old Jefferson Elementary School and approximately 6 acres at Holcomb Elementary School where the city built a parking lot and a portion of the fields for the Gary Hampton Softball Complex. No lease agreement has been executed with the Springdale Public Schools for use of Lake Fayetteville. 4. The City has a 25 year lease agreement with the BGO for approximately 40 acres to operate a botanical garden according to Resolution 166-14, approved on September 2, 2014. 5. The 2028 BGO Master Plan was approved within the lease agreement included in Resolution 166-14. An amendment to the master plan is needed to add the Operations Center as described in their request and exhibited on the attached map. Letters were received from Fayetteville and Springdale Public Schools' Superintendents stating their approval to decrease the nature study land acreage on their south boundary -by 1.7 acres as designated on the attached map in order for BGO to provide a maintenance operations center. Parks and Recreation Advisory Board (PRAB) reviewed the proposal at their March 3, 2017 meeting and unanimously recommended approval to change the lease boundary as requested by the BGO. A lease map of Lake Fayetteville was created to illustrate the proposed lease boundary changes for the BGO and the Fayetteville School District. (See attached Lake Fayetteville Lease Map.) BUDGET/STAFF IMPACT: There will be no budget or staff impact on this proposal Attachments: Resolution 34-73: Lake Fayetteville Nature Study Area Ordinance 3898: Lake Fayetteville Nature Study Purposes Resolution 167-16: Agreement with Fayetteville Public Schools Resolution 166-14: Lease agreement with Botanical Gardens of the Ozarks BGSO Operations Center Request 2028 BGSO Master Plan Amendment Map Public School Superintendent Letters PRAB Meeting Minutes March 3, 2017 Lake Fayetteville Lease Map "A mi - V. EM49 AMENDMENT 41 TO JOINT LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkan. • s (the "City") and the Fayetteville School District (the "District"), on this 1�� day of 2017, hereby agree that Paragraph 2 of their Joint Lease Agreement of September 2 , 2016, shall be amended by reducing the Lake Fayetteville leased premises by approximately 1.7 acres as shown on Exhibit "A", which is attached hereto and made a part hereof. The parties agree and understand that this Amendment is supplemental to their Joint Lease Agreement of September 20, 2016, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the patties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. FAYETTEVILLE SCHOOL DISTRICT WITNESS: CITY O FAYETTEVILLE, KA"S ,ion Id Joy an, vor ATTEST: L!�:al,z,eL Cam• Sondra E. Smith, City Clerk -Treasurer 0RK G%r TR''��i •, ... L•• G0 Y 0�%9sG�� : FAYcTTEVILLE:;1)= AMENDMENT #1 TO BOTANICAL GARDEN LAND LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas (th "Cit ") and the Botanical Garden Society of the Ozarks, Inc., on this _L� ►r�.�ay of 2U17, hereby agree that Paragraph 1 of the Botanical Garden Land Lease Agreement p . ept nb4 2, 2014, shall be amended by adding to the leased premises approximately 1.7 acres as shown on Exhibit "A", which is attached hereto and made a part hereof, for the purpose of constructing an Operations Center to facilitate maintenance of existing and future gardens The parties agree and understand that this Amendment is supplemental to the Botanical Garden Land Lease Agreement of September 2, 2014, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein, IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. BOTANICAL GARDEN SOCIETY OF THE OZARK_S - tjo&fte Taylor, Executive Director WITNESS: CITY FAYETTEVILLE, AR < SAS 1 ioneld Joi,Hll i 4apl' FAV89M Z.,/. Co. Z.'-& Sondra E. Smith, City Clerk -Treasurer AA -P R B S 0 L U T I O N ,/6fPIWy lk-s 3q-13 WHEREAS, It is the expressed intent of thelFayeitteville City Board of Directors to develop Lake Fayetteville and the surround- ing City property as a public use area, and WHEREAS, it is intended that the eastern portion-of'theLake property be reserved and developed as a nature study area, and WHEREAS, the Fayetteville and Springdale school distric-ts•1-.:.. wish to construct a nature study center on the eastern portio.n-_of',,` the Lake property; NOW, THEREFORE, BE IT RESOLVED that the Fayetteville City-. Board of Directors hereby gives assurance to the school, districts that the eastern portion of the Lake property as shown on Lake•. Fayetteville Development.Map extending to Crossover. Road will be reserved in its natural state as a nature study area, for a•period of at least fifty years, and any structures or other improvements installed by the school districts on this property will be pro - served and allowed to remain on the property for nature•study.' purposes for a period of at least fifty years from the date. hereof. RESOLVED THIS r?I DAY OF , 1973. APPROVED: ATTEST: r MAYOR j.. ORDINANCE NO. 3898 '4Me )1�;y MICROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL. STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed intent of the Fayetteville City Council to maintain Lake Fayetteville and the surrounding city property as a public use area; a4 WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, - WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty,, and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF FAYETTEVILLE, ARKANSAS: - Section 1. That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made -a part hereof, is reserved and is to be maintained in its natural state. Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance.' PASSED AND APPROVED this ;ojA day of June , 1995. AI'PktOVC By: Fred Hanna, Mayor ATTEST: fay: % Traci Paul, City Clerk .': (Arer, V M �Q 1 �144 ,•AANSJ•h 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED -on 9/20/2016 �1111111111119 op FAYET FFVIt LL • _ Attest: 9ii' • �RKANSP�.'�'.�: icy• ....•• J`�` i/V Lal, Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9121116 e: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 [�f tri� (479) 575-8323 ff Text File File Number: 2016-0414 Agenda Date: 9/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANS-AS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement with the Fayetteville School District which- will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. City of Fayetteville, Arkansas Page 1 Printed on 912112016 JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and inconsideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: JEFFERSON ELEMENTARY SCHOOL A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A. HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE'/4) of the Northwest Quarter (N W'/4) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87' 26' 29" East-992.643 feet, thence with the East line of said SE -NW North 026 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02' 33' 38" East 276.225 feet; thence leaving said East line North 87' 26' 19" West 967.758 feet; thence South 02' 33' 41" West 276.225 feet; thence South 87' 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. The Holcomb Elementary School leased premises are further identified in the map attached as Exhibit B. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City non -exclusively lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: LAKE FAYETTEVILLE A part of the East Half of Section 13 and part ofthe East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE'/4) ofthe Northeast Quarter (NE'/4) of said Section 13; thence with the North I ine of said SE- NE-13-17-30 South 87' 06' 01" East 1303.739 feet; thence South 02' 29' 13" West 17.192 feet thence South 87' 51' 20" East 818.386 feet; thence with the West right-of- wayline of Highway265 (Crossover Road) the following calls: South 06' 0V 18" West 2.822 feet; thence South 11' 44' 19" West 100.498 feet; thence South 06' 01' 42" West 47.6 feet; thence South 02' 51' 10" West 95.156 feet; thence South 03' 19' 21" East 89.915 feet thence South 09' 19' 18" East 59.959 feet; thence South 1 1° 49' 21" East 44.973 feet; thence South 14' 19' 18" East 29.984 feet; thence South 17' 19' 22" East 59.959 feet; thence South 19' 19' 20" East 832,701 feet; thence South 16' 46' 49" East 98.118 feet; thence South 09' 44' 20" East 173.596 feet; thence South 01 ° 14' 19" East 154.34 feet; thence South 02' 45' 41" West 926,592 feet; thence South 02' 44' 44" West 1322.566 feet; thence South 02' 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87' 36' 40" West 3750.9-75 feet; thence North 00' 10' 36" West 831.004 feet; thence North 72' 00' 17" East 1351.875 feet to a point on the West line of the SE-13-17-30; thence with said West line North 02' 09' 09" East2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the bake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit C. 3. The term of this Joint Lease shall begin on � � 2016 and end on ie_ /L, 2026, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Jefferson Elementary School ➢ Build and maintain the community gardens; and ➢ Administer garden plots by subleasing individual or family plots to Fayetteville residents for a single growing season for non-cornrnercial purposes. b. Holcomb Elementary School ➢ Pick up trash and mow leased area; and ➢ Schedule softball fields. 5. The District agrees to allow the City to use the Holcomb Elementary School parking lot and portions of the softball fields at Gary Hampton Softball Complex located on District property for softball leagues, tournaments and sport clinics at no charge. The City agrees that the process of subleasing of Community Garden plots will be conducted in a fair and nondiscriminatory manner, and the fee charged will only be sufficient to cover estimated seasonal water use and minor administrative costs. -2- 7. The City agrees that access to the Community Gardens does not include access to any building on the former Jefferson School Grounds. All ingress/egress to the raised bed garden area shown on Exhibit A in the northwest area of the grounds will be provided through the wrought iron gate. The Fayetteville Community Garden Coalition and participating gardeners shall be responsible for maintaining the gardens and garden area upon the leased premises in a satisfactory condition. The premises shall, at all times, be maintained in a neat and orderly condition. All garden operations will be carried on in accordance with high standards, particularly in the areas of cleanliness, service and noise. S. The District acknowledges that the lease for the Lake Fayetteville property is non- exclusive and agrees that the City may also enter into a separate lease agreement for the property with the Springdale School District. The District agrees to work with the Springdale School District and may enter into a separate agreement with the Springdale School District regarding access to and responsibilities and obligations with respect to the leased premises. - The District further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and the District agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 10. The City and the District shall have the right to inspect the leased premises at all reasonable times. 11. Facility expansions and all site alterations must have prior written approval by the owner and meet all owner standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land, and become the property of the owner at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 12. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents hannless fi-om any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Congtitution and Statutes of the State of Arkansas. 13. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. -3- 14. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 15. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 16. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 17. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 19. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. I WIT ESS WHEREOF, the parties hereto have set their hands this- � y of ly2016. CITY OFF YE' By: , _ Jordi ATTEST: LLE, ARI{ANSAS FAY By: Sondra Smith, City qJq !PftR§ rer i7K `��• CIT Y a�`•;;r��'s By: SCHOOL DISTRICT , Soperinten lent A f l'HS T: By: Paula Neal, Administrative Assistant to the Superintendent ACKNOWLEDGMENT_ State of Arkansas ) ) SS. County of Washington ) On this the .,, day of 2016, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared LIONELD JORDAN and SONDRA SMITH, to me well known, who stated that they were the Mayor and City Clerk -Treasurer, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of ayettevi lie, Arkansas, and tliat they acknovuleclged that they had exec *61%41N ib instrument for the consideration, uses and purposes therein contained. ��` ,.t�µjSS In witness whereof I hereunto set my hand and official scS—"-:e My coma ission expir • 02-- � -ao/� ��c � tare Public; anrim 5- RESOLUTION NO. 166-14 A RESOLUTION TO APPROVE THE BOTANICAL GARDEN LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. WHEREAS, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September 2, 1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and - WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users between the Southeast corner of the premises and Highway 265. 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 and agrees to the Botanical Garden Land Lease Agreement attached to this Resolution and authorizes Mayor Jordan to sign this Lease Agreement. 13y Page 2 Resolution No. 166-14 PASSED and APPROVED this 2"1 day of September, 2014, By: 1SL�'dilfil� Cyr . �s-Y�y� SONDRA ri,,• SMITH, City Clerk/Treasurer •1 1! VII 1 ��r BOTANICAL GARDEN LAND LEASE AGREEMENT This Agreement to lease a substantial portion of the east side of Lake Fayetteville Park to the Botanical Garden Society of the Ozarks, Inc. as shown on the 2028 Botanical Garden of the Ozarks Master Plan for the continued use and continuing development of the Botanical Gardens of the Ozarks and to approve the 2028 Botanical Garden of the Ozarks Master Plan is entered into by and between the City of Fayetteville as landlord and the Botanical Garden Society of the Ozarks, Inc. (hereinafter the "Botanical Garden Society") as tenant on this r _ day of AurVm- WHEREAS, 1, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September 2,1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users on the Southeast corner of the premises. NOW, THEREFORE, the City of Fayetteville and the Botanical Garden Society of the Ozarks, Inc, hereby mutually covenant and agree as follows: 1. Leased Premises The City of Fayetteville agrees to Lease the land shown on the attached map showing the agreed 2028 Botanical Garden of the Ozarks Master Plan (Exhibit A) to the Botanical Gardens Society of the Ozarks, Inc. which agrees to accept such leased premises to be used for the purposes normally associated with a botanical garden and as set forth in later provisions of this lease. 2. Use of Leased Premises The Botanical Garden Society agrees that it will, as a nonprofit public charitable corporation, operate, maintain, improve, and promote the Botanical Garden of the Ozarks upon the premises on behalf of the City of Fayetteville, its citizens and visitors. 3. Consideration for the Lease In consideration of the thirty six year lease and any extensions thereof of about 40 acres of City of Fayetteville parkland to the Botanical Garden Society of the Ozarks, Inc., the City's $750,000.00 investment in 2004 to fund the driveway, parking lot and completion of the Totemeier Building, and the City's agreement to build a second trail users' public parking lot on the Southeast corner of the leased premises, the Botanical Garden Society of the Ozarks, Inc. agrees to: A. Provide free access to the Botanical Garden of the Ozarks to Fayetteville School children on official, school sponsored academic visits, except for the Annual Northwest Arkansas Regional School Education Program and assist in the botanical education of the students. B. Provide free access to the Botanical Garden for all Fayetteville residents on Saturday mornings from 9:00 a.m. to noon. Free access for both Fayetteville school children and residents does not have to include all displays, areas, gardens and buildings, but must include at least the Great Lawn, the, surrounding Display Gardens and the Totemeier Building. C. Maintain 24 hours a day, seven days a week public access to the existing parking lot built with City funds for persons desiring to access the Lake Fayetteville trails. The Botanical Garden Society may use signs and personnel to direct parkers to the supplemental parking lot once constructed by the City and available to City trail users. 2 D. Maintain 24 hours per day, seven days a week public access to the proposed parking lot to be built by the City on the Southeast corner of the premises. This parking lot shall be devoted to and limited to City trail users, and the City is empowered to place appropriate signage for this lot and to enforce such parking restrictions just as with any other City parking lot. E. Operate, maintain, improve and promote the Botanical Garden of the Ozarks and all of the premises leased from the City. 4. Lease Term This lease term shall commence upon the approval and execution by both the Botanical Garden Society of the Ozarks, Inc. and the City of Fayetteville. It shall continue for about thirty six (36) years until June 30, 2050, unless sooner terminated pursuant to this Agreement or by mutual consent of the parties. This Lease Agreement shall automatically be renewed for a subsequent twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the initial term by giving such written notice prior to June 30, 2044. This Lease Agreement shall automatically renew for a third twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the second term by giving such written notice prior to June 30, 2074. As long as the Botanical Garden Society of the Ozarks, Inc. continues to successfully operate, maintain and promote the Botanical Garden and has abided by all of the terms of this Land Lease Agreement, the City shall not unreasonably deny the subsequent twenty five year lease terms. 5. Botanical Garden Operating Policies The Botanical Garden Operating Policies shall ensure nondiscriminatory operating polices for the Garden for all Fayetteville residents and school children. These policies will be designed to preserve and maintain the integrity of all buildings, grounds and improvements on the property although the Botanical Garden Society may alter or remove buildings and improvements when needed for further improvements, construction or for safety reasons. 6. Botanical Garden Rules and Regulations The Botanical Garden Society may establish and enforce any reasonable rules and regulations regarding behavior of visitors to assure the well-being of the plants and gardens, as well as the safety, comfort and quality of experience for visitors to the premises and shall provide copies of these rules and regulations to the City. To the extent permitted by law, either the City or the Botanical Garden Society may exclude 3 objectionable uses, or abusive or offensive persons from all premises subject to this agreement. 7. Botanical Garden Operation and Supervision The Botanical Garden Society shall exercise sole operational and supervisory authority over all grounds, buildings and personnel of the Botanical Garden and over all such matters, including but not limited to, safety, insurance, planning, plant acquisitions, displays and gardens, and the purchase, exchange, or acquisition of additional items to be added to the collection, except as otherwise provided in this -agreement. The Botanical Garden Society at its expense will be responsible for all maintenance and security associated with the operation of the Botanical Garden, including equipment, parking lots, and other improvements. The Botanical Garden Society may not sublet any portion of the property without the express written consent of the City Council except that the Botanical Garden Society may temporarily rent areas or buildings for short term special events such as weddings and receptions. Such events may not interfere with Fayetteville residents' right to access the Great Lawn, the surrounding gardens and Totemeier Building on Saturday mornings. 8. Trails The Botanical Garden Society, City of Fayetteville and trail user groups have agreed to the location of the hard surface and soft surface trails that go past or through the leased premises as shown on the Master Plan of 2028 (attached). The Botanical Garden Society agrees to continue to permit and authorize constant and unimpeded access to these City trails from its current parking lot, the proposed new trail users' parking lot to be constructed by the City and at other reasonably designated locations. The City agrees that its trails are publicly accessible and accessible to patrons, volunteers and employees of the Botanical Garden. Both parties pledge to continue to work together to minimize any possible adverse effect that the public City trails and the Botanical Garden could have on each other and to make all reasonable efforts to ensure that users of the Botanical Garden and the City trails facilitate, respect and honor each other. The City retains the right to access, maintain, repair, reconstruct, enhance, and modify trails within the leased premises. 9. Botanical Garden Society of the Ozarks, Inc. is an independent entity The parties agree that the Botanical Garden Society of the Ozarks, Inc. is an independent entity and nonprofit public charitable Arkansas corporation and will maintain that status and remain in good standing throughout the lease terms. The City of Fayetteville has no authority to hire, fire or supervise any Botanical Garden Society employee. The Botanical Garden Society has the sole authority for selecting, 4 engaging, terminating, fixing compensation, supervising and otherwise directing all of its personnel, contractors and volunteers. 10. Botanical Garden Master Plan The Botanical Garden Society of the Ozarks, Inc. has created its 2028 Botanical Garden of the Ozarks Master Plan which supersedes and replaces all former Master Plans. By agreeing to this Land Lease Agreement, both the City of Fayetteville and the Botanical Garden Society agree to, approve of, and adopt the 2028 Botanical Garden of the Ozarks Master Plan which is attached to this Agreement. This Master Plan shall be the development guide for future construction, expansion and improvements to the leased premises. The Botanical Garden Society shall submit to the City for review site and construction plans for future construction, alterations and improvements that should be in conformity with the 2028 Master Plan or any amendments thereto. All such construction must comply with the Unified Development Code. The 2028 Botanical Garden of the Ozarks Master Plan may be amended as needed in the future upon the mutual agreement of the Botanical Garden Society and the City of Fayetteville. 11.Operations and Development must comply with Federal, State and City requirements and restrictions The Botanical Garden Society acknowledges that certain federal use and operating restrictions apply to the entire Lake Fayetteville Park property and it agrees to always be in full compliance with such Federal requirements and restrictions as well as State or City requirements and restrictions. Specifically the Botanical Garden Society agrees it will not do any development nor operate in such a manner that would violate Federal Outdoor Recreation Grants. The Botanical Garden Society agrees to always use best management practices including obeying all State and City laws and regulations governing the use of pesticides, herbicides and fertilizers to protect the quality of water flowing into Lake Fayetteville which is the City's secondary water source. The Botanical Garden Society shall maintain at least a 100 feet minimum setback from normal water elevation of Lake Fayetteville. 12.Insurance The Botanical Garden Society agrees to obtain and maintain through the duration of the lease at its own expense, Commercial General Liability Insurance covering public liability, bodily injuries, death, products liability and property damage for damages and expenses arising out of the operation of the Garden. 13. Defense and Indemnification The Botanical Garden Society agrees to defend, indemnify and hold the City, its officers, employees, agents and representatives harmless against all damages, expenses, loss or liability from any claim or suit arising or alleged to have risen from any act or omission of the Botanical Garden Society, its officers, employees, agents or representatives by reason of the operation of the Garden under this agreement, including, but not limited to, damage to or destruction of property or injuries to or death of a person or persons. 14. Selection of Trustees The Botanical Garden Society agrees that the City Council may appoint one member of the Botanical Garden Society's Board of Directors. Another member shall be a current member of the City's Parks and Recreation Advisory Board and a third member shall be a Parks and Recreation Department employee. The Botanical Garden Society further agrees to supply the names of those persons elected to the Board of Directors to the City Clerk as public record. The Board of Directors shall faithfully and diligently exercise such authority as herein conferred in conformity with the provisions of this agreement. 15. Nonprofit Corporate Status The Botanical Garden Society shall file a true and correct copy of its corporate charter, with amendments, if any, and an accurate and complete copy of its Bylaws and any amendments thereto, and a copy of the I.R.S. Letter of Determination of I.R.C. Sec. 501(c)(3) status with the City to be maintained as a public record. In the event of subsequent amendments to such charter or bylaws, true and correct copies of the same shall be timely filed with the City Clerk. If the IRS revokes the Botanical Garden Society's 501(c)(3) status, the Botanical Garden Society shall immediately notify the City of this occurrence. 16. Financial Reports The Botanical Garden Society shall provide the City a copy of the financial audit of the Garden's financial books and records every year. The report will be provided within ninety (90) days of each completed audit. In addition, the Botanical Garden Society shall timely provide to the City the yearly operating budget of the Botanical Garden Society. 17. Rent, Fees, Conce9sions and Taxes The Botanical Garden Society shall have the right to set admission fees to the Garden as well as fees for optional services such as programs, space rental, etc. Fees shall be reasonable and in line with similar services available in the tourism market place. The Botanical Garden Society shall pay promptly all taxes and license fees of whatever nature applicable under municipal, state, and federal law. In addition, the parties agree that the Botanical Garden Society shall indemnify and save the City harmless from and against any liens or similar liabilities claimed or charges against the Botanical Garden Society pursuant to the Botanical Garden Society's operation of the Garden, 18. Remedies for Breach or Bankruptcy A. Termination of Agreement. The parties agree that if either party materially breaches or fails to perform its obligations under this agreement, the other party may give notice in writing of intent to terminate. If the breaching or non- performing party fails to commence and effect cure in good faith to the satisfaction of the other party within six months of such notice or such longer period, if agreed in writing by the parties, the agreement shall be deemed terminated at the expiration of the sixth month period or other agreed period. Any request of extension shall not be unreasonably withheld. B. Bankruptcy. In the event the Botanical Garden Society shall be adjudicated bankrupt or insolvent or take the benefit of any reorganization of composition proceedings or insolvency law, or make an assignment for the benefit of creditors, or if the Botanical Garden Society's interest under this agreement shall be levied upon or attempted to be attached or sold under any process of law, or if a receiver shall be appointed for the Botanical Garden Society, then and thereafter the City shall have the right and option to terminate this agreement irrespective of whether or not default exists hereunder, said determination to be effective immediately upon City's exercise of such option by giving written notice to the Botanical Garden Society. C. Acts of God. The parties agree that neither party shall be liable or responsible to the other for delays or impossibilities of performance caused by force majeure occurrences beyond the control of the parties including, but not limited to, civil disorder, fires, floods, or acts of God. 7 BOTANICAL GARDEN SOCIETY CITY OF PAYEWEVILLE OP 7M OZARKS, INC. By: Walt Eilers, President Date: 4"�9 ATTEST: By: Sondra E. Smith, City Clerk/Tr1! 1l,,-# `��G�� 1�...:RF P� a C\l O N z Q J N� m` 0 a IR Botanical Garden of the Ozarks Boundary Line Adjustment and Operations Center Request: Adjust the Botanical Garden of the Ozarks Master Plan by adding 1.7f acres adjacent to our existing service area and approve the construction of a 2800 square foot Operations Center to facilitate maintenance of existing and future gardens. Situation: Since its incorporation in 1994, start of construction in 2003 and opening in 2007 the Botanical Garden of the Ozarks has undergone many changes. During that period many people have been involved in making the BGO the significant Northwest Arkansas attraction it is and one of Fayetteville's most visited sites. Not only has the garden grown and developed but the Lake Fayetteville Property has undergone significant change too. The addition of the Hard Surface Trail (2012), the completion of the 265 widening project (2014), redrawing of BGO boundaries to accommodate the Soft Trail (2015), the turnback of about 40 acres of BGO leased property on the south side of the lake (2015), and the completion of the Trail Parking lot (2016) all impacted the BGO in one way or another. The 6 acres of gardens now enjoyed by the public are supported out of our existing narrow service area (100 feet wide and 500 feet long) on the north side of the garden. We have made this long, skinny parcel work by using portable storage pods for some of our equipment while other items sit outside, and by placing our greenhouses in half - shaded locations. This narrow strip is simply not large enough to support the development of gardens on the south side of Hilton Creek where the main part of the garden is slated to be added in the coming years. Proposal: We are proposing an adjustment to our lease boundary by the addition of 1.7f acres to the north of our current service area, giving a total of 2.95± acres for our behind the scenes work area. This space will be large enough to accommodate future phases of garden development. The proposed 1.7± acre parcel is on the southeast lease boundary of the Fayetteville School District property which is part of the Outdoor Nature Center on the north shore of Lake Fayetteville. The proposed Operations Center will be the focus for the behind the scenes work needed for present garden maintenance and construction of future garden features. It will protect and store major pieces of garden equipment, supplies and serve as a work area for building new garden features. Additionally, garden staff and volunteers will use part of it for office space, meetings, garden record keeping activities and dry storage for greenhouse supplies. The Garden is financially secure and we have obtained 100% donor support for constructing the Operations Center. - The proposed service area expansion is large enough to accommodate the additional greenhouses needed to support the expanded gardens and proposed conservatory shown in the 2015 BGO Master Plan. The extra acreage would permit the reorientation of our existing greenhouse to a north -south (preferred) orientation, instead of east -west as we were forced to do because of the narrowness of the original tract. Changes to the greenhouses orientation will not occur until the appropriate time to support garden growth and/or the next phase of garden expansion as shown in the 2015 Master Plan. Increasing the size of our service area will also provide more serviceable outdoor growing space for garden plants including perennials and woody nursery plants, for maintaining our composting operation and to accommodate piles of mulch, sand, gravel, soil and rocks that are used in our gardening operations. Benefits: The addition of the 1.7± acres will allow the maintenance operations of the BGO to be confined in one, mostly out -of -sight location. Without this addition, a second service area would need to be developed and it would be difficult to screen another area from trail users and garden visitors. The addition of the Operations Center will permit the removal of the storage containers we are now using for supplies, elimination of plastic covered hoop houses we park our equipment in, and a general reorganization of our service area. The maintenance of a 50 foot wide vegetation -filled setback from the hard trail will shield trail users from our service area. With all of our service area organized in one location it will be easier to provide security for equipment and personnel. •a � .tl� �-x �Y-' � � `'�' S �;, � Lid' ��/y, '� � r � �f ✓ a f' / r aS' r ,.�F' 2. cam,.' w yr: r ` • P . r✓ . f LJ U Ile" 73 i�l c Z Q O s M / J' \ �� i•1 ba C t a m /' n y w r a! _ 0 .7'4tory support conservi Ogroonh OUSIN H ............CLO ., ' •, ,y •, •+� to V) o = l'; 'OP, vw4w 'r'r +• AAj�'• , �w� �j�y 'r _�s �r '� •y fit. FAYETTEVILLE PUBLIC SCHOOLS LEARN. GROW. PERFORM. LEAD. January 10, 2017 Mrs. Connie Edmonston, Parks and Recreation Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mrs. Edmonston, The Fayetteville Public School District agrees to accept the proposal by the Botanical Gardens of the Ozarks to decrease our joint lease agreement acreage with the City of Fayetteville in the amount of 1.7 acres as designated on the attached map. This will allow the Botanical Gardens to build an operations center to facilitate maintenance of their existing and future gardens. - In addition, the Fayetteville Public School District agrees to make this change in the lease agreement land description utilizing GPS instead of a boundary survey. Sincerely, Ivlatth'e,", Wendt, Ed.11.. Superintendent i000 West Bulldog Boulevard o Fayetteville, Arkansas 72701 479-444.3000 e fayar.net 00 SPRINGDALE SCHOOL DISTRICT Administration Office: 804 West Johnson P. O. Box 8 Springdale, Arkansas 72765-0008 District Accreditation by AdvamED Jim D. Rollins, Rd.D. Superintendent Phone: (479) 750-8800 Fax: (479)750-8812 February 22, 2017 Mrs. Connie Edmonston Parks and Recreation Director City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mrs. Edmonston: The Springdale School District agrees to accept the proposal by the Botanical Gardens of the Ozarks to decrease our joint lease agreement acreage with the City of Fayetteville in the amount of 1.7 acres as designated on the attached map. This will allow the Botanical Gardens to build an operations center to facilitate maintenance of their existing and future gardens. In addition, the Springdale School District agrees to make this change in the lease agreement land description utilizing GPS instead of a boundary survey. Sincerely, j Jim D. Rollins, Ed.D. Superintendent JDR/cn CITY OF Fay% e teville AANSAS Parks and Recreation Advisory Board Meeting March 6, 2017 at 5:30 p.m. City Administration Building Room 326 113 West Mountain Street Fayetteville, AR Members: Richie Lamb, Wade Colwell, JL Jennings, Chuck Maxwell, Kyle McHan, Phillip McKnight, David Profitt, Bill Putman, Dana Smith City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison Jumper, Park Planning Superintendent; John Crow, Recreation Superintendent; Chanel Pennington, Operations Assistant AGENDA for 5:30 pm.: 1. Call to Order Lamb called the meeting to order at 5:30 PM 2. Roll Call MINUTES Members Present: Lamb, Colwell, Maxwell, McKnight, Putman and Smith. Proffit arrived at 5:33 PM. Members Absent: Jennings and McHan. _ 9. Botanical Gardens of the Ozarks Boundary Line Adjustment for an Operations Center For an Operations Center — Connie Edmonston, Parks and Recreation Director Charlotte Taylor, Executive Director of the Botanical Garden of the Ozarks made a presentation to adjust the current boundary line with the Fayetteville and Springdale Public Schools by 1.7 ± acres in order to construct a 2,800 square foot Operations Center for maintenance of the gardens. Fayetteville and Springdale Public Schools have agreed to decrease their lease agreement by 1.7 acres. Taylor explained that the Operations Center would be important for the growth of the Botanical Garden of the Ozarks. She met with both Superintendents of Fayetteville and Springdale School and they were in support of the land acquisition. Edmonston noted that this agreement will result in an amendment to the current lease agreement with the BGO as well as the Fayetteville Public School lease. Maxwell asked if the BGO staff had talked to the teachers that utilize the Environmental Study Center. He was concerned over the activity at the new Operations Center and it affecting the waterfowl at the Lake. Specifically, near the new waterfowl observation blind Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Taylor mentioned the center would be far off from the Lake and were concerned about that as well. Lamb asked if the trail would remain outside of the land lease. Staff and Taylor replied yes. Smith added that a portion of the area being proposed was already being used by the BGO. She did not foresee a large impact on the activities conducted by the Study Center, although additional land beyond what is being proposed may be of concern. Typically, staff will not take the student that far due to the distance from the Study Center. Edmonston noted that staff did confirm with BGO that this will the final amount of additional land they will request. _ Lamb asked if there already access from the BGO to the land. Taylor replied yes. Maxwell asked about their plans for fencing the acquired land. Taylor replied that as of now, anyone can access the land. They will have a plan for fencing when their Master Plan is complete and the funding is available. Maxwell added there should be a setback limitation with regard from the Operations Center to the paved and soft surface trail. Staff Recommendation: To approve BGSO's request to adjust the boundary line. PRAB Motion: Lamb motioned to accept staff's recommendation. Putman seconded the motion. Motion passed, 7-0-0. PRAB minutes provides the basic discussions and motions of the PRAB meeting. For more information, please refer to the PRAB meeting video provided on the city's website, www. fayelteville-ar.gov. O ca LL a) ca J Form v1.44 NI\11\lkf\ RECEIVED niedza FEB 2 7 2024 CITY OF FAYET I EVI LLE Account#: NWCL5004205 CITY CLERK'S OFFICE Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 378009 PO #: Matter of: ORD 6718 Mp/r Il AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the atter of: ORD 6718 Pending in the court,in said County,and at the dates of the several publications oNaid advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$110.96. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/25/24;NWA nwannline.cont 02/25/24 1 daAja_ Finance Director • State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of February,2024 - ;:,`��!� CATHERINE STAGGS 1 '. .0��r .1 MY COMMISSION#12402772 st S a` EXPIRES:February 28, 2025 f.R� vim" ":�;; � Washington County NOTARY PUBLIC Ordinance:6718 File Number: 2024-1715 FAYETTEVILLE PUBLIC SCHOOL DISTRICT (LEASE AMENDMENT): AN ORDINANCE TO AMEND A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL. HOLCOMB ELEMEN- TARY SCHOOL, AND LAKE FAYETTEVILLE WHEREAS,on September 20, 2016.the City and Fayetteville School District entered into a Joint Lease Agreement for por- tions of Jefferson Elementary School, Holcomb Elementary School.and Lake Fayetteville: and WHEREAS,on April 18.2017, the City Council passed Ordi- nance 5968 approving Amend- ment 1 to the Joint Lease Agreement to reduce the Lake Fayetteville leased premises by approximately 1.7 acres;and WHEREAS, the parties now desire to change the leased premises and other terms of the Agreement based on changes in use and recreational priorities. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amend- ment 2 to the Joint Lease Agreement with the Fayetteville School District,a copy of which is attached to this Ordinance. PASSED and APPROVED on February 20,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$110.96 Feb.25,2024 378009