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Home My WebLink About262-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 262-25 File Number: 2025-2272 A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC IN THE AMOUNT OF $871,026.00 FOR THE GREENWAY TRAIL CONNECTION ASSOCIATED WITH THE PARK HOTEL PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 1, 2022, City Council passed Resolution 256-22 authorizing a letter of intent defining development agreement terms with Reindl Properties for a Public Private Partnership to develop a mixed-use building that included the cost of bicycle and pedestrian infrastructure improvements; and WHEREAS, on November 7, 2023, City Council passed Resolution 251-23 authorizing a real estate purchase contract with Reindl Properties for the sale of property in the Civic Plaza which provided that the City and Reindl would coordinate the design of bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the building and pay a pro rata share of the costs; and WHEREAS, this project represents the final connection of the Greenway Trail within the Ramble 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 Mayor Rawn to sign a cost share agreement with Greater Productions, LLC in the amount of $871,026.00 for construction of the Greenway Trail Connection associated with the Park Hotel 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 November 18, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2272 MEETING OF NOVEMBER 18, 2025 TO: Mayor Rawn and City Council THRU: Steven Dotson, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Director SUBJECT: Cost Share Agreement with Greater Productions LLC for Greenway Trail Construction and approval of a Budget Adjustment. RECOMMENDATION: Approve the Cost Share Agreement with Greater Productions, LLC in the amount of $871,026 for the City’s portion of the Greenway Trail Connection, in coordination with the Park Hotel Project construction at the south end of the Upper Ramble, and approve the associated Budget Adjustment. BACKGROUND: Resolution 256-22 authorized the mayor to sign a letter of intent defining development agreement terms with Reindl Properties for a Public Private Partnership to develop a mixed-use building. Included in that letter is the language that the cost of bicycle and pedestrian infrastructure improvements will be in an agreement for the cost shares and will be a condition of the real estate contract. Resolution 251-23 authorized the real estate contract that included specific terms of the agreement. That contract includes terms: 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. Resolution 46-24 authorized a Budget Adjustment transferring the land proceeds funds into the Upper Ramble Project Account. DISCUSSION: This project represents the final connection of the Greenway Trail within the Ramble Project. The original design of the Upper Ramble included this link to ensure uninterrupted trail access for cyclists, scooter users, and runners. It also provides an alternate route for trail users during Plaza activities or closures. This agreement outlines the cost responsibilities of both the City and the Developer, as required by the resolution. A detailed scope of work, including associated costs, is provided in the attached agreement. Additional railroad requirements are included, such as maintaining $4 million in liability insurance and implementing specialized shoring methods to avoid impacts to the railroad right-of-way. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov BUDGET/STAFF IMPACT: The funding will be from Arts Corridor Bond, Trails Bond, and Land Sale Proceeds. ACCOUNT PROJECT AMOUNT 4703.860.7800-5814.05 46030.7800 145,159.00 4708.860.7800-5804.00 46080.7800 355,196.00 4470.140.8900-5804.00 46080.7800 370,671.00 TOTAL 871,026.00 ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. Cost Share Agreement Trail Greater Productions, 6. 20251020R2 Exhibit trail Metro & Park Hotel City purchase Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2272 A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GREATER PRODUCTIONS, LLC IN THE AMOUNT OF $871,026.00 FOR THE GREENWAY TRAIL CONNECTION ASSOCIATED WITH THE PARK HOTEL PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on November 1, 2022, City Council passed Resolution 256-22 authorizing a letter of intent defining development agreement terms with Reindl Properties for a Public Private Partnership to develop a mixed-use building that included the cost of bicycle and pedestrian infrastructure improvements; and WHEREAS, on November 7, 2023, City Council passed Resolution 251-23 authorizing a real estate purchase contract with Reindl Properties for the sale of property in the Civic Plaza which provided that the City and Reindl would coordinate the design of bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the building and pay a pro rata share of the costs; and WHEREAS, this project represents the final connection of the Greenway Trail within the Ramble 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 Mayor Rawn to sign a cost share agreement with Greater Productions, LLC in the amount of $871,026.00 for construction of the Greenway Trail Connection associated with the Park Hotel 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. City of Fayetteville Staff Review Form 2025-2272 Item ID 11/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Wade Abernathy 10/21/2025 CHIEF FINANCIAL OFFICER (110) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the Cost Share Agreement with Greater Productions LLC in the amount of $871,026 for the City's portion of the Greenway Trail Connection in coordination with the Park Hotel project construction on the South end of the Upper Ramble and approval of a budget adjustment. Budget Impact: 4470.140.8900-5804.00 4703.860.7800-5814.05 4708.860.7800-5804.00 Sales Tax Capital Improvements Trails Bonds Arts Corridor Bonds Account Number Fund 46030.7800 46080.7800 Trails Bond Projects - Arts Corridor Impr Arts Corridor Bond Projects - Arts Corridor Impr Project Number Project Title Budgeted Item?Yes Total Amended Budget $15,285,896.00 Expenses (Actual+Encum)$13,791,234.88 Available Budget $1,494,661.12 Does item have a direct cost?Yes Item Cost $871,026.00 Is a Budget Adjustment attached?Yes Budget Adjustment $221,400.00 $261.00 Remaining Budget $845,035.12 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 CHIEF FINANCIAL OFFICER (110) Adjustment Number 2025 Requestor:Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of the Cost Share Agreement with Greater Productions LLC in the amount of $871,026 for the City's portion of the Greenway Trail Connection in coordination with the Park Hotel project construction on the South end of the Upper Ramble and approval of a budget adjustment. COUNCIL DATE:11/18/2025 ITEM ID#:2025-2272 Holly Black 10/29/2025 9:02 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20251027TOTAL221,400 221,400 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4703.860.7800-5814.05 73,198 -46030 7800 EX Improvements - Trails 4703.860.7000-4707.47 -73,198 46030 7000 RE Interest - 2022 Project Funds 4708.860.7800-5804.00 148,202 -46080 7800 EX Building Costs 4708.860.7000-4707.47 -148,202 46080 7000 RE Interest - 2022 Project Funds -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 Page 1 of 2 AGREEMENT FOR COST SHARE OF GREENWAY TRAIL REALIGNMENT COSTS This Agreement, made and entered into on this 20 day of October 2025, by and between the City of Fayetteville, Arkansas (“City”) and Greater Productions, LLC (with related entities The Park Hotel, LLC, and Reindl Properties, Inc) (“Owner”) for the construction of a portion of the Greenway Trail (“Project”), witnesseth: WHEREAS, Owner is currently constructing the rerouting and realigning the Greenway Trail, parking for the Metro District and a hotel at 510 W. Spring Street; and WHEREAS, Owner will be constructing these improvements through a grading permit issued by the City and the quote for construction for the trail component is attached hereto as a schedule of values Exhibit A and made a part hereof; and NOW, THEREFORE, the City of Fayetteville, Arkansas and Greater Production, LLC agree as follows: 1.The City agrees to: A.Reimburse Owner an estimated $871,026 which represents 100% of the cost of the trail work describe in Exhibit “A”, attached. B.The schedule of values is an estimate and does not include unforeseen scope that could be encounter during the construction of this work. The City will consider, on a case-by- case basis, reimbursement for any additional costs to rectify the unforeseen or out of scope additions to the project within any project contingency approved by the City. C.Payments due to Owner, shall be remitted within fifteen (15) calendar days after receipt of valid invoices, and pending successful inspection and acceptance of the phased completed work by the City. The Owner is anticipating providing invoices a minimum of one per month. D.Authorize the construction of the trail on behalf of the City within the railroad easement or right of way along the adjacent property owned by the Owner. The City has retained all necessary rights, approvals, and agreements to access and granting the Owner this ability to construct on the railroad property. 2.Owner agrees to: A.Provide the necessary and normal project management, inspection, and testing as necessary to complete the work shown on Exhibit “A”, in accordance with the City of Fayetteville Standard Specifications, and City Standard Details, both of which are available at http://www.fayetteville-ar.gov/445/Engineering-Specs-Details. B.Construct the Project in accordance with the design approved by the City. C.Pay for the Project with reimbursement of the cost by the City. 3.It is further understood that the contract for construction is between Owner and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for Owner. The City’s only obligation shall be to participate in this agreement and pay 100% of the cost as defined in the schedule of values, plus any project contingency approved by the City for the Project. SCHEDULE OF VALUES EXHIBIT A APPLICATION NO: PROJECT:Metro / Park Hotel - Trail APPLCATION DATE: 19-Sep-25 ADDRESS:510 W. Spring Street, Fayetteville, AR PERIOD TO: REVISED 2 - 20 October 2025 A B C D E F G H item number discription of work scheduled value materials stored (not in D or E0 total complete and stored (D+E+F)%balance to finish (C-G) from previous application D+E this period HARD COST 1 General Conditions -$ Utilities - MH Backhole: 8 January 2025 2 Demo retaining wall 2,200$ -$ 3 Water main and supply 75,812$ 4 Gas main and supply - Black Hills -$ 5 Storm water sewer 31,062$ 6 Electric main and supply 22,397$ 7 Electrical supply to Park 31,500$ 8 Communications - AT&T / COX -$ 9 Survey 2,244$ 10 Erosion control 1,386$ 11 Soldier Pile and Lagging Wall - Railroad - Foundation Specialties 81,814$ Demo/Fill/Paving - S&K Dirtworks 12 Demo trees, asphault, base, retaining, sidewalks 41,210$ 13 Construction entrance 1,485$ 14 Silt Fencing and Tree Protection 968$ 15 Cut 2,041$ 16 Import Fill 6,377$ 17 Export spoils 3,061$ 18 Curb & Gutter 2,558$ 19 Ribbon Curb -$ 20 12' wide trail (4,800sf) - new easement 52,800$ 21 12' wide trail (1,327sf) - railroad 14,597$ 22 Colored Concrete -$ 23 Intergral Colored Concrete -$ 24 HD Concrete -$ 25 HD Asphault -$ 26 Regular Asphault -$ Scope A- Retaining Walls/Pavers - Elite Advance Construction 27 Retaining wall A - Redi-rock 33,913$ 28 Retaining wall B - cast-in-place conc.8,200$ 29 Retaining wall c - cast-in-place conc.7,248$ 30 Keystone Pavers 40,725$ Scope B- Retaining Walls/Pavers Railroad - Elite Advance Construction 31 Retaining wall - Redi-rock 79,135$ 32 Keystone Pavers 13,575$ 33 Electrical 7,000$ 34 Lights and poles 56,390$ 35 Pole bases 7,500$ 36 Guardrailing - Razorbak Ironworks (6 May 2025)14,000$ SOFT COST Design and Administration 37 Landscape Architecture - NBW LA (9,991)$ Civil Engineering - Primm / Olsson 38 Base design 28,958$ 39 CA and Observations 2,471$ 40 Geo-technical Testing - UES 3,300$ 41 Onsite Resident Project Representative - Olsson Engineering 6,681$ 42 Quality Assurance and Testing - Olsson Engineering 17,848$ 43 Project contingency 29,000$ 44 Construction / Project Management Fee 145,171$ Insurance 45 $1M Gen Liability 1,970$ 46 $4M Excess Liability 4,420$ 47 Bonding -$ 871,026$ -$ -$ -$ -$ -$ work completed COST SHARE AGREEMENT - TRAIL Two Trout, LLC Project Development 1 of 3 Project Name: Metro / Park Hotel Parking and Trail Cost Model Development Budget Date: 27 May 2025 - REVISED 2 - 20 October 2025 Cost Code Cost of Work Owner City Hard Costs 10 Land / Acquisition -100 Land 20 Construction 20-10 Construction -100 Sitework Utilities - MH Backhole: 8 January 2025 Demo retaining wall 21,875$ 19,675$ 2,200$ 10.06% Water main and supply 229,732$ 153,920$ 75,812$ *The total city amount per the development agreement is 50% of the total ($114,866) The difference ($39,054) to be addressed. represents potential of unforeseen conditions are excluded. i.e. rock excavation Gas main and supply - Black Hills -$ -$ Storm water sewer 94,128$ 63,066$ 31,062$ Electric main and supply 67,871$ 45,474$ 22,397$ Electrical supply to Park 31,500$ -$ 31,500$ Communications - AT&T / COX -$ -$ Survey 6,800$ 4,556$ 2,244$ Erosion control 4,200$ 2,814$ 1,386$ Soldier Pile and Lagging Wall - Railroad - Foundation Specialties 81,814$ -$ 81,814$ Demo/Fill/Paving - S&K Dirtworks Demo trees, asphault, base, retaining, sidewalks 124,878.00$ 83,668$ 41,210$ Construction entrance 4,500.00$ 3,015$ 1,485$ Silt Fencing and Tree Protection 2,934.00$ 1,966$ 968$ Cut 6,184.00$ 4,143$ 2,041$ Import Fill 19,325.00$ 12,948$ 6,377$ Export spoils 9,276.00$ 6,215$ 3,061$ Curb & Gutter 7,751.00$ 5,193$ 2,558$ Ribbon Curb 2,226.00$ 2,226$ -$ 12' wide trail (4,800sf) - new easement 52,800.00$ -$ 52,800$ 12' wide trail (1,327sf) - railroad 14,597.00$ -$ 14,597$ Colored Concrete 54,060.00$ 54,060$ -$ Intergral Colored Concrete 99,400.00$ 99,400$ -$ HD Concrete 99,030.00$ 99,030$ -$ $ 530,901.00 COST SHARE AGREEMENT - TRAIL Two Trout, LLC Project Development 2 of 3 Project Name: Metro / Park Hotel Parking and Trail Cost Model Development Budget Date: 27 May 2025 - REVISED 2 - 20 October 2025 HD Asphault 21,912.00$ 21,912$ -$ Regular Asphault 12,028.00$ 12,028$ -$ Scope A- Retaining Walls/Pavers - Elite Advance Construction Retaining wall A - Redi-rock 33,913.00$ -$ 33,913$ Retaining wall B - cast-in-place conc.16,400.00$ 8,200$ 8,200$ Retaining wall c - cast-in-place conc.14,495.00$ 7,248$ 7,248$ Keystone Pavers 40,725.00$ -$ 40,725$ Scope B- Retaining Walls/Pavers Railroad - Elite Advance Construction Retaining wall - Redi-rock 79,135.00$ -$ 79,135$ Keystone Pavers 13,575.00$ -$ 13,575$ Electrical 7,000.00$ -$ 7,000$ Lights and poles 56,390.00$ -$ 56,390$ 5 poles Pole bases 7,500$ -$ 7,500$ Guardrailing - Razorbak Ironworks (6 May 2025)70 lf 14,000$ -$ 14,000$ SUBTOTAL HARD COSTS 1,351,954$ 710,756$ 641,198$ COST SHARE AGREEMENT - TRAIL Two Trout, LLC Project Development 3 of 3 Project Name: Metro / Park Hotel Parking and Trail Cost Model Development Budget Date: 27 May 2025 - REVISED 2 - 20 October 2025 Soft Costs 20%199,550$ 130,302$ 49,266$ 20-30 Design and Administration -110 Landscape Architecture - NBW LA 19,982$ hrly / nte 9,991$ (9,991)$ 50/50 split with the city - City has paid NBW -130 Civil Engineerting - Prism / Olsson Base design 87,750$ 58,793$ 28,958$ 76/33 split CA and Observations 7,488$ 5,017$ 2,471$ 76/33 split (Also split with the off-site work) 20-40 Construction Consultants -200 Geo-technical Testing - UES 10,000$ 6,700$ 3,300$ 76/33 split -600 Onsite Resident Project Representative - Olsson Engineering 20,245$ 13,564$ 6,681$ 76/33 split -600 Quality Assurance and Testing - Olsson Engineering 54,085$ 36,237$ 17,848$ 76/33 split 20-50 Contingency -100 Project Contingency 3.6%49,000$ 20,000$ 29,000$ -200 Soft Cost Contingency 6.0%12,000$ 12,000$ -$ 40 Development and Management 40-10 Construction / Project Management Fee 20%322,501$ 174,612$ 145,172$ 40-60 Development Expenses -400 Insurance - 12 month term $1M Gen Liability 3,940$ 1,970$ 1,970$ $4M Excess Liability 4,420$ 4,420$ Excess due to railroad requirement -400 Bonding (base on value of City construction)-$ -$ 100% SUBTOTAL SOFT COSTS 591,410$ 338,883$ 229,828$ USES TOTAL COSTS 1,943,364$ 1,049,639$ 871,026$ 894,180$ (23,154)$ SOURCES Metro / Park Hotel (South Hotel)1,049,639$ 54% City of Fayetteville 871,026$ 45%