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HomeMy WebLinkAbout199-26 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 199-26 File Number: 2026-2891 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO ACCEPT NOTICE AS PROPER AND EFFECTIVE FROM THE UNDERWOODS SUBMITTED ABOUT THREE WEEKS BEFORE TWO LOTS NEED TO BE RELEASED FROM THEIR LICENSES WITH THE CITY AND TRANSFERRED TO A NEW OWNER WHEREAS, in 2020 the City and KTB Limited Partnership (owned by the Underwoods) agreed to a Park Land License Agreement for several lots adjoining or near the Underwood Park which was dedicated to the City by the Underwoods; and WHEREAS, this Park Land License Agreement was always planned to be temporary so that when the Underwoods needed any of these parcels, their license “may be terminated … with respect to any one or more of the Park Land Tracts upon thirty (30) days notice…;” and WHEREAS, the Underwoods attorney notified the city on August 17, 2026, that the licenses need to be removed from Revised Lot 3 and the Cart Path Lot prior to their scheduled closing for the sale of a substantial parcel of land on September 9, 2026; and WHEREAS, everything that the City needs to do concerning these two lots can be accomplished long before the closing date, and it is in the best interests of the City of Fayetteville and its citizens to work with Underwoods who have dedicated so much property to the City. 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 execute any necessary documents to establish that Fayetteville voluntarily waives the few days that the notice to end the licenses for revised lot 3 and the Cart Path lot were late and agrees such licenses were and are properly terminated pursuant to Paragraph 2 of the Park Land License Agreement no later than September 1, 2026. PASSED and APPROVED on September 1, 2026 Approved: _______________________________ Attest: _______________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2891 MEETING OF SEPTEMBER 1, 2026 TO: Mayor Rawn and City Council THROUGH: FROM: Jennifer Walker, Chief of Staff SUBJECT: Termination of Park Land License with KTB Limited Partnership RECOMMENDATION: To authorize Mayor Rawn to accept notice from KTB Limited Partnership and execute necessary documents to establish that Fayetteville voluntarily waives the notice to end licenses for revised lot 3 and the Cart Path lot no later than September 1, 2026. BACKGROUND: The City received notice from KTB Limited Partnership (owned by the Underwoods) on August 17, 2026 requesting termination of the Park Land Licenses for Revised Lot 3 and the Cart Path Lot prior to their scheduled closing for the sale of a substantial parcel of land on September 9, 2026. DISCUSSION: City staff agree to the termination and request authorization for Mayor Rawn to accept the termination notice short of the required thirty-day notice. BUDGET/STAFF IMPACT: n/a ATTACHMENTS: Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2891 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO ACCEPT NOTICE AS PROPER AND EFFECTIVE FROM THE UNDERWOODS SUBMITTED ABOUT THREE WEEKS BEFORE TWO LOTS NEED TO BE RELEASED FROM THEIR LICENSES WITH THE CITY AND TRANSFERRED TO A NEW OWNER WHEREAS, in 2020 the City and KTB Limited Partnership (owned by the Underwoods) agreed to a Park Land License Agreement for several lots adjoining or near the Underwood Park which was dedicated to the City by the Underwoods; and WHEREAS, this Park Land License Agreement was always planned to be temporary so that when the Underwoods needed any of these parcels, their license “may be terminated … with respect to any one or more of the Park Land Tracts upon thirty (30) days notice…;” and WHEREAS, the Underwoods attorney notified the city on August 17, 2026, that the licenses need to be removed from Revised Lot 3 and the Cart Path Lot prior to their scheduled closing for the sale of a substantial parcel of land on September 9, 2026; and WHEREAS, everything that the City needs to do concerning these two lots can be accomplished long before the closing date, and it is in the best interests of the City of Fayetteville and its citizens to work with Underwoods who have dedicated so much property to the City. 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 execute any necessary documents to establish that Fayetteville voluntarily waives the few days that the notice to end the licenses for revised lot 3 and the Cart Path lot were late and agrees such licenses were and are properly terminated pursuant to Paragraph 2 of the Park Land License Agreement no later than September 1, 2026. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978