HomeMy WebLinkAboutOrdinance 4670 ORDINANCE NO. 4 6 7 0
AN ORDINANCE TO WAIVE THE REQUIREMENT OF
§34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE
THE SALE OF 1 .5 ACRES FOR AN APPRAISED VALUE
OF $30,000.00 TO THE NON-PROFIT CORPORATION,
THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE,
INC. AND TO DECLARE AN EMERGENCY
WHEREAS, The Project For Victims Of Family Violence, Inc. is a non-
profit corporation which has long served the needs of residents of Fayetteville
and surrounding communities, but has outgrown its facility; and
WHEREAS, The Project For Victims Of Family Violence, Inc. has secured
a generous grant from the Donald W. Reynolds Foundation to construct a larger
and better equipped new facility and needs a more central location to serve not
only Fayetteville, but our neighboring cities to the North, and
WHEREAS, this grant could be lost and this needed expanded facility
might not be able to be constructed unless the sale of city land can be
immediately authorized by the City of 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 determines that the vital need for an improved and expanded facility for
victims of family violence requires an immediate sale of one and one half acres of
city property to The Project For Victims Of Family Violence, Inc. at a per acre
value as independently appraised earlier in 2004 and therefore waives the formal
requirements of §34.27 of the Code of Fayetteville regarding the sale of city land.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby approves the land sale contract attached as Exhibit " A" selling 1 .5 acres of
city property as described in the deed to The Project For Victims Of Family
Violence, Inc. for Thirty Thousand Dollars ($30,000.00).
Section 3: Emergency Clause. If the sale of this 1 .5 acres is not effective
immediately, The Project For Victims Of Family Violence, Inc. may lose its
substantial grant from the Donald W. Reynolds Foundation which is necessary
for the construction of an expanded and improved battered women's shelter to
better serve local victims of domestic abuse. Therefore, the city Council hereby
determines and declares that an emergency exists, that it is necessary for the
preservation of the public peace, health and safety that this ordinance become
effective without delay, and that therefore because of this emergency, this
ordinance shall be effective immediately upon its passage.
PASSED and APPROVED this 41hday of January, 2005.
APPROVED:
By: A�/01
DAN COO , Mayor
ATTEST:
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THE NATURAL STATE
DEPARTMENT OF
PARKS A TOURISM
One Capitol Mall
Little Rock AR 72201
Phone: 501-682-7777 Wednesday, g
FAX: 501-682-1364 y, AU ust 10, 2005 /
History Commission
501 -682-6900 (VITT)
Keep Arkansas
Beautiful Division
5sonnel Section-3507
Personnel The Honorable Dan Coody
501 -682-7742 (VITT) Mayor of Fayetteville
State Parks Division
501-682-1191 (V/rT) 113 West Mountain
Tourismvision
501 -682-7777? (VITT) Y Fa etteville> Arkansas 72701
INTERNET
arkansos.com
ArkansasStateParks.com
RE: Project # 05-00438
Lake Fayetteville Park Conversion
Mike Huckabee
GOVERNOR
Richard W. Davies Dear Mayor Coody:
EXECUTIVE DIRECTOR
STATE PARKS, The City's request for conversion of the park property at Lake Fayetteville Park
RECREATION TRAVEL has been approved by the National Park Service. You may now make all
COMMISSION
Jane Christenson necessary transfer of ownership for all lands involved in the conversion. Be
CHAIRMAN aware that the new park property is encumbered under all of the same rules and
VICE-CCHAIRMAN regulations in the Land and Water Conservation Fund that the original park was
Steve Arrison subject to and must remain in outdoor recreation in perpetuity. It is the
Bill Barnes
Jay Bunyard responsibility of the City to develop the new property into a useable park site.
Polly Crews
Danny Ford
Jim Gaston
Debra Hook If you have any further questions please fell free to contact me at (501)-682-
Billy Lindsey 1301 .
Monona McNulty
Mike Mills
Ness Sechresl
Wade Williams Sincerely,
DIVISION DIRECTORS
Larry CT R S
ADMINISTRATION zi
y
Greg SUITS
STATE PARKS Ian Hope, Project Officer
Joe DTOid Rico
URISM Outdoors Recreation Grants Program
Nancy Clark
GREAT RIVER ROAD
John L. Ferguson
HISTORY COMMISSION
Robert Phelps
KEEPARKANSAS
BEAUTIFUL
AN EQUAL
OPPORTUNITY/
AFFIRMATIVE ACTION /
AMERICANS WITH
DISABILITIES ACT -
EMPLOYER
02 D
FAYETTEVIPLE „�s a
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : City Council
FROM : Kit Williams, City Attorney �.
DATE: December 28, 2004
RE: Peace at Home Family Shelter
The Project For Victims Of Family Violence, Inc. has secured a
substantial grant from the Reynolds Foundation to construct a new Peace at
Home Family Shelter to serve Fayetteville and Northwest Arkansas. An
ideal location for this new shelter would be on city land off Highway 265
near Lake Fayetteville. This land was appraised earlier this year at
$20,000.00 per acre.
The Donald Reynolds Foundation requires the nonprofit corporation
to own the land upon which the new shelter will be built. Thus the Project
For Victims Of Family Violence, Inc. needs to purchase 1 .5 acres at
$20,000.00 per acre for a total of $30,000.00. Because of time constraints,
the sale of land code section must be waived in order to accomplish this sale
so as not to endanger the Reynolds grant to the Project For Victims Of
Family Violence, Inc. Therefore, I have drafted an ordinance to that effect
and to approve the sale of the 1 .5 acres for $30,000.00.
The Project For Victims Of Family Violence, Inc. also needs a
buffer/protection zone of 1 .5 acres around their facility which we can lease
to them in exchange for the Project For Victims Of Family Violence, Inc. ' s
services to Fayetteville residents. I have drafted a Lease for Buffer Area and
a Resolution to accomplish this.
No sewer is currently available to this site. Once the federal
restrictions on development are shifted from this area to Lake Sequoyah, the
remaining acreage could be sold to a developer who would be required to
provide sewer main service to the whole site (including the Peace at Home
Family Shelter). In order to have a buildable site, we need to temporarily
lease .69 acres for a sewer system area (septic tank and lateral lines) and a
temporary 70-foot wide access easement. Once sanitary sewer mains and
access from an internal street are available, these leased areas revert to the
City to be sold along with the remaining acreage. I have drafted a Lease and
Resolution to accomplish this.
I regret submitting this at the Agenda Meeting, but the final details
were not finished in time for inclusion into the tentative Agenda and time
constraints require we move forward quickly now so the grant for this vitally
needed shelter will not be endangered.
ORDINANCE NO.
AN ORDINANCE TO WAIVE THE REQUIREMENT OF
§34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE
THE SALE OF 1.5 ACRES FOR AN APPRAISED VALUE
OF $30,000.00 TO THE NON-PROFIT CORPORATION,
THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE,
INC. AND TO DECLARE AN EMERGENCY
WHEREAS, The Project For Victims Of Family Violence, Inc. is a non-
profit corporation which has long served the needs of residents of Fayetteville
and surrounding communities, but has outgrown its facility; and
WHEREAS, The Project For Victims Of Family Violence, Inc. has secured
a generous grant from the Donald W. Reynolds Foundation to construct a larger
and better equipped new facility and needs a more central location to serve not
only Fayetteville, but our neighboring cities to the North; and
WHEREAS, this grant could be lost and this needed expanded facility
might not be able to be constructed unless the sale of city land can be
immediately authorized by the City of 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 determines that the vital need for an improved and expanded facility for
victims of family violence requires an immediate sale of one and one half acres of
city property to The Project For Victims Of Family Violence, Inc. at a per acre
value as independently appraised earlier in 2004 and therefore waives the formal
requirements of §34.27 of the Code of Fayetteville regarding the sale of city land.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby approves the land sale contract attached as Exhibit "A" selling 1.5 acres of
city property as described in the deed to The Project For Victims Of Family
Violence, Inc. for Thirty Thousand Dollars ($30,000.00).
Section 3: Emergency Clause. If the sale of this 1 .5 acres is not effective
immediately, The Project For Victims Of Family Violence, Inc. may lose its
substantial grant form the Donald W. Reynolds Foundation which is necessary
for the construction of an expanded and improved battered women's shelter to
0 0
better serve local victims of domestic abuse. Therefore, the city Council hereby
determines and declares that an emergency exists, that it is necessary for the
preservation of the public peace, health and safety that this ordinance become
effective without delay, and that therefore because of this emergency, this
ordinance shall be effective immediately upon its passage.
PASSED and APPROVED this 4f day of January, 2005.
APPRO�1�*T
O
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
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CITY-ATTORNEY AGENDA REQURT
FOR: COUNCIL MEETING OF JANUARY 4, 2005
FROM:
HIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Waive The Requirement Of §34.27 Of The Fayetteville Code,
Authorize The Sale Of 1 .5 Acres For An Appraised Value Of $30,000.00 To The Non-
Profit Corporation, The Project For Victims Of Family Violence, Inc. And To Declare
An Emergency
APPROVED FOR AGENDA:
I ��i
2 - za - OL
City y Date
/ x-28
finance & Internal Services Director Date
1we 4 Z Z �
Mayor Date
Kit Williams - Peace At Home land reque c - _ Page 1
_ - -- -- -
Kit,
This is what I understand from our meetings with Mayor Coody.
Please call my office at 444-8310 and ask for Robbin if you want to talk to me today.
She knows how to get find me.
FOR: The COUNCIL MEETING of January V. (That was agreed to at the last
agenda setting meeting)
ORDINANCE OR RESOLUTION TITLE AND SUBJECT (or whatever you want it to
say.)
Sale and lease of Property to the battered women's shelter, the Project for Victims of
Family Violence, Inc - doing business as the Peace at Home Family Shelter.
An ordinance
• waiving the requirements of the current city ordinance regarding the sale of public land
and
• approving the sale of 1 .5 acres of land to the Project for Victims of Family Violence,
Inc. (d.b.a. Peace At Home Family Shelter) at fair market value based on a recent
appraisal valuing the land at $20,000/acre and
• leasing approximately 1 .5 acres for a period of time not less than 35 years. An
additional .69 acres will be leased for the purpose of a water treatment system, and this
land will go to the buyer of the remaining land when the shelter is hooked up to the
anticipated sewer system.
Other contingencies:
Revert clause including return of purchase price to Built and operating by the end of
2008
Long-term lease of 35 years, renewable for an additional 35 year with the agreement of
both parties, in exchange for services to the citizens of Fayetteville valued at
approximately $550,000 annually. (See history memo) Reynolds requires at least 35
years. You had mentioned it could be renewable for an additional 35 years.
Land to be purchased is located on the City owned property on the east side of Hwy
265, south of Highway 412. Specific location identified on attached map. (We would
need this from the city, our architect Jim Key knows exactly what we negotiated with
the mayor.
The encumbrance attached to this property will be transferred to other land owned by
the city of Fayetteville by ????. (Approval by the governmental authority) Connie
from Parks is working on this piece and knows the specifics.
The sale of the remaining land in this parcel (roughly 43 acres will include a
contingency that requires the developer (new owner of the land) to provide PVFV with
road access and sewer hook-up, at which time the .69 acres of land for the water
treatment facility will become the property of the owner of the remaining land. The
Mayor understands this and thought it likely should be a separate contract.
Kit Williams - BRIEFHISTORY.doc
BRIEF HISTORY: In 1977, community leaders came together to initiate a safe shelter and
advocacy program for battered women and their children. This program, the Project for Victims
of Family Violence, Inc. was the first such program to serve battered women in Arkansas.
The first shelter facility was in a private house on the corner of Mountain and School streets.
Very soon it became apparent that the 3-bedroom house would be too small and that a shelter for
battered women and their children needed to be located in a place where the abusers could not
easily access the shelter. In 1977, there were no laws such as protection orders or no contact
orders, so the abusers could stand on the sidewalk and shout up into the house, causing much
disruption and fear.
Since the private house was not working out as a safe shelter, the City of Fayetteville offered an
approximately 3-acre parcel of land with a building as an option for the shelter. In 1979, the
Project for Victims of Family Violence, Inc. moved to this location on the south side of
Fayetteville, where they have been ever since, leasing the land and facility for $ 1 a year.
THE NEED: The current facility has six small bedrooms, one kitchen, one eating area, two
small bathrooms and one living room. It is not uncommon that at any given time, six families
will be living in the shelter, each with one to four children. When the shelter is full and another
family needs immediate emergency shelter, we work to locate space in the only other shelters in
the area. There is a shelter in Bentonville, one in Fort Smith, one in Tulsa, and one in Harrison.
When a family has to travel to another area or even state, there is significant disruption for the
children and their schooling and/or for the mother if she is working. There are no other shelters
for battered women in Washington County or in Madison or Carroll counties. The requests for
shelter and other advocacy services have increased 25% in just one year.
The Donald W. Reynolds Foundation gave the Project for Victims of Family Violence a planning
grant to develop a new shelter. In this fast growing area of Northwest Arkansas, and through our
needs assessment, we determined that a new shelter has to be able to house at least 40 individuals
in at least 12 bedrooms. We need a shelter location that is assessable to the region, and with at
least three acres of land for the shelter, parking, play area, a buffer and the necessary storage. We
have hired the firm of KAI, Jim Key the principle, and they have worked out the specific
minimum land that is required for this program.
ECONOMIC IMPACT: The Project for Victims of Family Violence, Inc. annual budget is
approximately $550,000. 39% of our clients are city of Fayetteville residents. We estimate the
annual value of our programs to the city of Fayetteville to be $214,500. We employ 15 full time
staff and several part time staff and over 50 volunteers work with our programs. Many of the
staff live and shop in Fayetteville, as do many of our board members and volunteers. Building a
new expanded shelter in Fayetteville guarantees a long future of service to the residents of this
community.
RESOLUTION NO. 104-01
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT WITH PROJECT FOR VICTIMS OF
FAMILY VIOLENCE, INC., FOR A SHELTER SITE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed to
execute a lease with Project For Victims of Family Violence, Inc., for a shelter site.
A copy of the lease agreement authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED and APPROVED this 17th day of July, 2001.
,Art
APPROVED:
••p F
ATTEST:
By:
Bather Woodruff, City Clerk
From: Clarice Pearman
To: Williams, Kit
Subject: Victims for Family Violence
Attached is the
ordinance passed
by the City Council
on January 4, 2005
waiving
requirements of the sale
of city property
to allow Victims of
Family Violence to
purchase 1.5 acres
from the
city of Fayetteville.
From: Clarice Pearman
Subject: Re: Project for Victims of Family Violence Inc.
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
From: Jill Goddard
To: Pearman, Clarice; Williams, Kit
Date: 3/1/05 8:55AM
Subject: Victims of Family Violence
Ed
gave me a
copy
of your e -mails regarding a contract for the project for the Victims of Family Violence.
To
update you
from
our end:
I was asked to write legal descriptions (as based off of GIS traverses, not survey info) for the area to be
purchased and for the leased areas. I wrote those and forwarded them to Kit, Steve Davis, and John
Goddard on 1/4/05. I was informed that the descriptions were for informational use only and would very
likely change before the actual sale went thru.
Ed informed me this
morning that he also wrote some
legals (?).
Nothing has been said or given to us
regarding a contract.
Have had nothing to do with this
other than
the legals. What needs to be done? Who
has the needed info? Do I need to talk to Steve?
Thanks,
Jill Goddard
X407
From: Kit Williams
To: Pearman, Clarice
Date: 2/28/05 6:49PM
Subject: Re: Project for Victims of Family Violence Inc.
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
CC: Connell, Ed
From: Ed Connell
To: Pearman, Clarice; Williams, Kit
Date: 3/1/05 8:24AM
Subject: Re: Project for Victims of Family Violence Inc.
Kit:
We have seen nothing nor have done anything, nor have been asked to do anything on this project other
than write a probable description in the early phases. Contact Jill Goddard if a Land Agents assistance is
required.
Ed Connell
>>> Kit Williams 02/28/05 06:49PM >>>
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
CC: Dumas, Gary
From: Kit Williams
To: Connell, Ed; Goddard, Jill; Pearman, Clarice
Date: 3/2/05 5:06PM
Subject: Re: Project for Victims of Family Violence Inc.
We need to get an O&A and a Deed for this property. Can you get us one?
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Ed Connell 03/01/05 08:24AM >>>
Kit:
We have seen nothing nor have done anything, nor have been asked to do anything on this project other
than write a probable description in the early phases. Contact Jill Goddard if a Land Agents assistance is
required.
Ed Connell
>>> Kit Williams 02/28/05 06:49PM >>>
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
CC: Dumas, Gary
From: Clarice Pearman
To: Williams, Kit
Subject: Re: Project for Victims of Family Violence Inc.
Kit,
This a reminder that I am still waiting on the land sale contract for the ordinance passed the Council on
January 4, 2005 as Ex. A.
Thanks.
Clarice
>>> Kit Williams 02/28/05 06:49PM >>>
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
From: Kit Williams
To: Pearman, Clarice
Date: 3/17/05 5:34PM
Subject: Re: Project for Victims of Family Violence Inc.
I have informed our Property division and believe they will get a contract once we get final approval from
the feds.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 03/17/05 11:50AM >>>
Kit,
This a reminder that I am still waiting on the land sale contract for the ordinance passed the Council on
January 4, 2005 as Ex. A.
Thanks.
Clarice
>>> Kit Williams 02/28/05 06:49PM >>>
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 02/28/05 04:19PM >>>
Kit,
Just a reminder I'm still waiting on a Exh. A (land sale contract) with the family violence people to attached
to Ord. 4670 of January 4, 2005. Please let me when I might expect that.
Thanks.
Clarice
From: Kit Williams
To: Pearman, Clarice
Date: 3/18/05 3:20PM
Subject: Fwd: Re: Project for Victims of Family Violence Inc.
FYI
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
From: Matt Casey
To: Williams, Kit
Date: 3/3/05 2:48PM
Subject: Re: Project for Victims of Family Violence Inc.
Kit,
Our Land Agents will be able to prepare the paperwork for the sale. However, someone else will need to
take that responsibility for handling the transaction. Also, it looks like the City will need to hire a surveyor
to do a lot split to create the parcel before it is sold. When you have all the necessary information, let me
know and I will have Jill or Holly prepare the O & A and deed.
Matt Casey, P.E.
Staff Engineer
City of Fayetteville
Engineering Division
>>> Kit Williams 03/03/05 09:44AM >>>
I'll send you a memo.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Jill Goddard 03/03/05 07:58AM >>>
I need info --whatever you or Steve have. I am not very comfortable with the legals as they are not based
on any kind of survey information. And, have they changed? What has been agreed to that would have to
go into an O&A? Who is it to be deeded to? Etc, etc, etc.
Thanks,
Jil
>>> Kit Williams 03/02/05 05:06PM >>>
We need to get an O&A and a Deed for this property. Can you get us one?
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Ed Connell 03/01/05 08:24AM >>>
Kit:
We have seen nothing nor have done anything, nor have been asked to do anything on this project other
than write a probable description in the early phases. Contact Jill Goddard if a Land Agents assistance is
required.
Ed Connell
>>> Kit Williams 02/28/05 06:49PM >>>
We are moving tomorrow so it will be hard to find anything. I did the lease, but will have to look for the
land sale contract. Normally Ed Connell does those.
FAYET I'EVIE
THE CITY OF FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Gary Dumas, Director of Operations
Jill Goddard, Land Agent
Connie Edmonston, Parks & Recreation Division Head
Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney (171
DATE: March 3, 2005 ,
RE: O
& A and Deed
for sale of 1.5 acres of land for $30,000.00
to
the Project for
Victims of Family
Violence, Inc.
Attached is Ordinance # 4670 as approved by the City Council on
January 4, 2005. This is all of the basic information I have. The legal
descriptions were supplied by us (GIS?). If this is not sufficient, then I
guess the City needs to hire a survey crew to give you better legals. I leave
that decision to the administration.
The deed cannot be signed until the federal restrictions on this
property have been transferred to the replacement property near Lake
Sequoyah.
ORDINANCE NO,4 67 0
AN ORDINANCE TO WAIVE THE REQUIREMENT OF
§34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE
THE SALE OF 1.5 ACRES FOR AN APPRAISED VALUE
OF $30,000.00 TO THE NON-PROFIT CORPORATION,
THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE,
INC. AND TO DECLARE AN EMERGENCY
WHEREAS, The Project For Victims Of Family Violence, Inc. is a non-
profit corporation which has long served the needs of residents of Fayetteville
and surrounding communities, but has outgrown its facility; and
WHEREAS, The Project For Victims Of Family Violence, Inc. has secured
a generous grant from the Donald W. Reynolds Foundation to construct a larger
and better equipped new facility and needs a more central location to serve not
only Fayetteville, but our neighboring cities to the North; and
WHEREAS, this grant could be lost and this needed expanded facility
might not be able to be constructed unless the sale of city land can be
immediately authorized by the City of 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 determines that the vital need for an improved and expanded facility for
victims of family violence requires an immediate sale of one and one half acres of
city property to The Project For Victims Of Family Violence, Inc. at a per acre
value as independently appraised earlier in 2004 and therefore waives the formal
requirements of §34.27 of the Code of Fayetteville regarding the sale of city land.
Section 2: That the City Council of the City of Fayetteville, Arkansas
hereby approves the land sale contract attached as Exhibit "A" selling 1.5 acres of
city property as described in the deed to The Project For Victims Of Family
Violence, Inc. for Thirty Thousand Dollars ($30,000.00).
Section 3: Emergency Clause. If the sale of this 1.5 acres is not effective
immediately, The Project For Victims Of Family Violence, Inc. may lose its
substantial grant from the Donald W. Reynolds Foundation which is necessary
for the construction of an expanded and improved battered women's shelter to
better serve local victims of domestic abuse. Therefore, the city Council hereby
determines and declares that an emergency exists, that it is necessary for the
preservation of the public peace, health and safety that this ordinance become
effective without delay, and that therefore because of this emergency, this
ordinance shall be effective immediately upon its passage.
PASSED and APPROVED this 4a' day of January, 2005.
APPROVED:
ATTEST:
By:
SONDRA SMITH, City Clerk
RESOLUTION NO. 07-05
A RESOLUTION TO APPROVE A LEASE OF ABOUT
.69 ACRES OF CITY PROPERTY TO THE PROJECT FOR
VICTIMS OF FAMILY VIOLENCE, INC. FOR A SEWER
AREA AND A 70 -FOOT WIDE ACCESS EASEMENT
WHEREAS, the Project For Victims Of Family Violence, Inc. has long served
the City and our citizens with shelter, protection, housing and support for victims of
domestic abuse; and
WHEREAS, the Project For Victims Of Family Violence, Inc. has outgrown its
current facility and secured a grant from the Donald Reynolds Foundation to construct a
new, larger facility; and
WHEREAS, the Project For Victims Of Family Violence, Inc. has agreed to
purchase 1.5 acres of city property at its most recent appraised value, but needs to lease
about another .69 acres as a temporary septic system area and a seventy-foot wide access
easement for the Fayetteville clients it serves; and
WHEREAS, the City Council determines that providing a domestic violence
shelter is a valid public purpose and that the services offered to Fayetteville citizens by
the Project For Victims Of Family Violence, Inc. constitute sufficient consideration for
the rental value of the approximately .69 acres of unimproved city land, and a seventy-
foot wide access easement.
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 the Lease Agreement For Access and Septic System with the Project For
Victims Of Family Violence, Inc. as attached as Exhibit "A" and authorizes Mayor
Coody to execute this lease.
PASSED and APPROVED this 4th day of January, 2005.
By:
Mayor
ATTEST:
SONDRA SMITH, City Clerk ;FAYETTEVILLE;
From: Clarice Pearman
To: Casey, Matt; Dumas, Gary; Edmonston, Connie; Goddard, Jill; Williams, Kit
Subject: Victims of Family Violence, Inc.
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
From: Jill Goddard
To: Pearman, Clarice
Date: 4/7/05 1:34PM
Subject: Re: Victims of Family Violence, Inc.
Kit got me a copy of the ordinance. But I don't have a decent legal — it really needs to be surveyed. Also,
before I can work up an Offer and Acceptance Contract, it would be nice to know what has been agreed to
verbally that needs to be in writing. On top of all of that, still waiting to hear if the re -allocation of funds
(from Lake Fayetteville to Lake Sequoyah) has gone thru. This will probably have to be a lot split --has
Planning been a part of this?
Sorry, but I am a bit out of the loop on this --all I've done is write some legals as based on traverseses off
the GIS which were for illustrative purposes only and subject to change. I, personally, would not buy or sell
property based on that.
Thanks,
Jill
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
From: Clarice Pearman
To: Goddard, Jill
Subject: Re: Victims of Family Violence, Inc.
Jill,
Sorry about your inconveniences. I don't know anything about the process this has been through or what
the deal was. My involvement with this is that the Ex. A is not available to attach to the ordinance. Sorry I
can't be of any help to you. All I am trying to do is get the processing of this ordinance finished. I can give
you what I have which is really nothing more than you've already received from Kit.
Thanks.
Clarice
>>> Jill Goddard 04/07/05 01:34PM >>>
Kit got me a copy of the ordinance. But I don't have a decent legal -- it really needs to be surveyed. Also,
before I can work up an Offer and Acceptance Contract, it would be nice to know what has been agreed to
verbally that needs to be in writing. On top of all of that, still waiting to hear if the re -allocation of funds
(from Lake Fayetteville to Lake Sequoyah) has gone thru. This will probably have to be a lot split --has
Planning been a part of this?
Sorry, but I am a bit out of the loop on this —all I've done is write some legals as based on traverseses off
the GIS which were for illustrative purposes only and subject to change. I, personally, would not buy or sell
property based on that.
Thanks,
Jill
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
From: Jill Goddard
To: Pearman, Clarice
Date: 4/7/05 3:05PM
Subject: Re: Victims of Family Violence, Inc.
And I'm sorry you didn't get everything you needed to put with the ordinance. Who did this all start with
anyway? Who put this ordinance on the agenda? Who's been dealing with VOFV? When I wrote
descriptions it was instructions round -about from Steve Davis and Kit. GIS and I were told that VOFV
wanted to buy 1.5 acres, lease 1.5 acres surrounding the purchase, but that the configuration of how the
property was drawn would change before they actually purchased. It was "yeah, something in this area,
kinda shaped like this, no a little further this way, no wider, now add another easement to the east, and
we'll need a road........." You get the picture.
Thanks,
Jill
>>> Clarice Pearman 04/07/05 02:52PM >>>
Jill,
Sorry about your inconveniences. I don't know anything about the process this has been through or what
the deal was. My involvement with this is that the Ex. A is not available to attach to the ordinance. Sorry I
can't be of any help to you. All I am trying to do is get the processing of this ordinance finished. I can give
you what I have which is really nothing more than you've already received from Kit.
Thanks.
Clarice
>>> Jill Goddard 04/07/05 01:34PM >>>
Kit got me a copy of the ordinance. But I don't have a decent legal — it really needs to be surveyed. Also,
before I can work up an Offer and Acceptance Contract, it would be nice to know what has been agreed to
verbally that needs to be in writing. On top of all of that, still waiting to hear if the re -allocation of funds
(from Lake Fayetteville to Lake Sequoyah) has gone thru. This will probably have to be a lot split --has
Planning been a part of this?
Sorry, but I am a bit out of the loop on this --all I've done is write some legals as based on traverseses off
the GIS which were for illustrative purposes only and subject to change. I, personally, would not buy or sell
property based on that.
Thanks,
Jill
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
From: Connie Edmonston
To: Pearman, Clarice
Date: 4/7/05 3:47PM
Subject: Re: Victims of Family Violence, Inc.
The ordinance states the land sale in contingent upon approval from Arkansas Parks and Tourism for the
conversion of the grant restrictions from Lake Fayetteville to Lake Sequoyah. I called AR Parks, Brian
Kellar, on Tuesday and he is waiting on approval from AR Highway Dept and National Park Service. I will
notify you once the conversion is approved so that the land sale can take place. If you have further
questions, please contact me. Thanks.
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston@ci.fayetteville.ar.us
479-444-3471
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
From: Clarice Pearman
To: Edmonston, Connie
Subject: VOFV
Miss Connie,
The ordinance actually was passed a emergency clause because the sale had to take place immediately
or they would loose funding. Attached is the first page of that ordinance. I was just try to get an Ex. A for
the attachment of this ordinance to finish processing.
From: Clarice Pearman
To: Edmonston, Connie
Date: 6/22/05 4:44PM
Subject: Ord. 4670
Connie,
Just a follow up on this ordinance needing an land sale contract as Ex. A. I am still waiting to get this
processed.
Thanks.
Clarice
CC: Dumas, Gary
From: Connie Edmonston
To: Pearman, Clarice
Date: 6/23/05 9:44AM
Subject: Re: Ord. 4670
What land is this for? Lake Fayetteville?
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston@ci.fayetteville.ar.us
479-444-3471
>>> Clarice Pearman 06/22/05 04:44PM >>>
Connie,
Just a follow up on this ordinance needing an land sale contract as Ex. A. I am still waiting to get this
processed.
Thanks.
Clarice
CC: Dumas, Gary
From: Clarice Pearman
To: Edmonston, Connie
Date: 6/23/05 10:08AM
Subject: Re: Ord. 4670
Yes. It's the Victims of Family Violence ordinance. Our last correspondence was:
"The ordinance states the land sale in contingent upon approval from Arkansas Parks and Tourism for the
conversion of the grant restrictions from Lake Fayetteville to Lake Sequoyah. I called AR Parks, Brian
Kellar, on Tuesday and he is waiting on approvel from AR Highway Dept and National Park Service. I will
notify you once the conversion is approved so that the land sale can take place. If you have further
questions, please contact me. Thanks.
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston(o ci.favetteville.ar. us
479-444-3471
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
>>> Connie Edmonston 06/23/05 09:44AM >>>
What land is this for? Lake Fayetteville?
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston(a)ci. fayetteville.ar. us
479-444-3471
>>> Clarice Pearman 06/22/05 04:44PM >>>
Connie,
Just a follow up on this ordinance needing an land sale contract as Ex. A. I am still waiting to get this
processed.
Thanks.
Clarice
From: Connie Edmonston
To: Pearman, Clarice
Date: 6/23/05 10:38AM
Subject: Re: Ord. 4670
1 sent an e-mail to Ar Parks and Tourism concerning our conversion request for Lake Fayetteville. Ian
Hope called me back today and he is trying to figure our what is taking this so long and where it is at in the
system. The person he needed to talk to with the Highway Dept. will be in on Friday and Ian said he would
let me know on Friday what he finds out. Ian agreed that this process is taking way too long. I will keep
you informed.
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston@ci.fayelleville.ar.us
479-444-3471
>>> Clarice Pearman 06/23/05 10:08AM >>>
Yes. It's the Victims of Family Violence ordinance. Our last correspondence was:
"The ordinance states the land sale in contingent upon approval from Arkansas Parks and Tourism for the
conversion of the grant restrictions from Lake Fayetteville to Lake Sequoyah. I called AR Parks, Brian
Kellar, on Tuesday and he is waiting on approvel from AR Highway Dept and National Park Service. I will
notify you once the conversion is approved so that the land sale can take place. If you have further
questions, please contact me. Thanks.
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonstonca7ci.favetteville. ar. us
479-444-3471
>>> Clarice Pearman 04/07/05 01:15PM >>>
To Who It May Concern:
I am still waiting for a land sale contract for Ordinance No. 4670 passed by the City Council January 14,
2005. I need this to attach as Ex. A as specified in the ordinance. Would someone please let me know
what is happening with this.
Thanks.
Clarice
>>> Connie Edmonston 06/23/05 09:44AM >>>
What land is this for? Lake Fayetteville?
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonston(dlci.favettevil le. ar. us
479-444-3471
>>> Clarice Pearman 06/22/05 04:44PM >>>
Connie,
Just a follow up on this ordinance needing an land sale contract as Ex. A. I am still waiting to get this
processed.
Thanks.
Clarice
CC: Dumas, Gary
From: Tracie Martin
To: Pearman, Clarice
Date: 9/2/05 7:56AM
Subject: Fwd: Re: Peace at Home
Clarice,
per Connie's reply it goes with Ordinance 4670. Call me if you have any further questions. Tracie
>>> Connie Edmonston 09/01/05 05:10PM >>>
What I gave you was the approval from Arkansas Parks and Tourism and National Park Service for the
Lake Fayetteville conversion to Lake Sequoyah. Now, the deed and all can be completed with Ordinance
4670.
Connie Edmonston
Parks and Recreation Director
City of Fayetteville, AR 72704
113 West Mountain Street
Fayetteville, AR 72704
cedmonstoncTDci.favetteville. ar. us
479-444-3471
>>> Tracie Martin 09/01/05 01:04PM >>>
Connie,
You had me route a copy of the letter re: peace at home. Clarece has called wanting to know what she is
suppose to do with this. You had me route a copy to City Clerk and to Gary Dumas. Could you give me
information as to what you want her to do with this? Thanks, Tracie
NOTE TO FILE:
There is a draft
Offer and Acceptance
Agreement
that had changes
to it only. Exhibit
"A" contract to
this ordinance
was never written.
See Also: Res. 06-05 and Res. 07-05
From: rKit Williams
To: Conklin, Tim; Pearman, Clarice
Date: 5.10.07 9:02 AM
Subject: Re: Peace at Home
CC: Smith, Sondra
Have we sold the land, received the money and delivered the deed? If so, it is too late now (and unnecessary) for an Offer and
Acceptance contract. Has the lease been fully executed?
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Tim Conklin 05/10/07 8:57 AM >>>
FYI -- See below Jill Goddard's response - Tim
Tim,
All I have is an uncompleted draft of an Offer and Acceptance Contract for Peace at Home. At the time, we did not have a surveyed
description of what we were selling. Once we had the plat and descriptions, they were forwarded to Kit and I was under the
impression that he was preparing that along with the resolutions. One may not have been prepared for the sale as there was no
earnest money received. I presented Bronson Abstract with the two resolutions regarding the leases (one for the 1.5 acre buffer
area and one for the septic area and access easement) for the closing. Everything for this transaction that was necessary for City
Council was prepared by Kit's office. I prepared the deed and the access easement as based on Daryl's survey plat.
Do we need an Offer and Acceptance Contract using the new description?
Thanks,
Jill
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
Dlannina(Wci.favetteville.ar. us
>>> Clarice Pearman 05/09/07 4:49 PM >>>
Kit,
Ord. 4670 dated January 4, 2005 still does not have a contract for sale of land to attach. Please let me know what you remember
about this land sale. I received from Parks a letter from the Parks & Tourism saying the land had been transferred. I am also
attaching a copy of the ordinance to help jog your memory.
Have a good evening.
Thanks for your help.
Clarice
5.10.07) Clarice Pearman - Re: Peace at Home Page 1
From: Tim Conklin
To: Pearman, Clarice; Williams, Kit
Date: 5.10.07 8:58 AM
Subject: Re: Peace at Home
CC: - Conklin, Tim; Smith, Sondra
FYI -- See below Jill Goddard's response - Tim
Tim,
All I have is an uncompleted draft of an Offer and Acceptance Contract for Peace at Home. At the time, we did not have a
surveyed description of what we were selling. Once we had the plat and descriptions, they were forwarded to Kit and I was
under the impression that he was preparing that along with the resolutions. One may not have been prepared for the sale
as there was no earnest money received. I presented Bronson Abstract with the two resolutions regarding the leases (one
for the 1.5 acre buffer area and one for the septic area and access easement) for the closing. Everything for this
transaction that was necessary for City Council was prepared by Kit's office. I prepared the deed and the access easement
as based on Daryl's survey plat.
Do we need an Offer and Acceptance Contract using the new description?
Thanks,
Jill
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
planning@ci.fayetteville.ar.us
>>> Clarice Pearman 05/09/07 4:49 PM >>>
Kit,
Ord. 4670 dated January 4, 2005 still does not have a contract for sale of land to attach. Please let me know what you remember
about this land sale. I received from Parks a letter from the Parks & Tourism saying the land had been transferred. I am also
attaching a copy of the ordinance to help jog your memory.
Have a good evening.
Thanks for your help.
Clarice
(5.10.07 Clarice Pearman - Re: Peace at Home Page 1
From: Jill Goddard
To: Pearman, Clarice
Date: 5.10.07 4:44 PM
Subject: Re: Peace at Home
Attachments: OFFR-ACC.doc
Clarice,
See attached.
Thanks,
Jill
>>> Clarice Pearman 5/10/2007 9:01 AM >>>
Thanks Tim. Would you send me a copy of your draft O&A to put in the file. I'd appreciate it and that we will know that one was
never done. Thanks for your help.
Clarice
>>> Tim Conklin 5.10.07 8:57 AM >>>
FYI -- See below Jill Goddard's response - Tim
Tim,
All I have is an uncompleted draft of an Offer and Acceptance Contract for Peace at Home. At the time, we did not have a surveyed
description of what we were selling. Once we had the plat and descriptions, they were forwarded to Kit and I was under the
impression that he was preparing that along with the resolutions. One may not have been prepared for the sale as there was no
earnest money received. I presented Bronson Abstract with the two resolutions regarding the leases (one for the 1.5 acre buffer
area and one for the septic area and access easement) for the dosing. Everything for this transaction that was necessary for City
Council was prepared by Kit's office. I prepared the deed and the access easement as based on Daryl's survey plat.
Do we need an Offer and Acceptance Contract using the new description?
Thanks,
Jill
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
plannlnp ci.fayetteyille.ar.us
>>> Clarice Pearman 05/09/07 4:49 PM >>>
Kit,
Ord. 4670 dated January 4, 2005 still does not have a contract for sale of land to attach. Please let me know what you remember
about this land sale. I received from Parks a letter from the Parks & Tourism saying the land had been transferred. I am also
attaching a copy of the ordinance to help jog your memory.
Have a good evening.
Thanks for your help.
Clarice
OFFER AND ACCEPTANCE CONTRACT
Peace at Home Family Shelter, Inc. offers to buy, subject to the terms and conditions set forth herein,
the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, Peace at Home Family Shelter, Inc. shall pay for
the property at closing, the total and cash payment of $_30,000.00 .
3. Contingent Earnest Money Deposit: Peace at Home Family Shelter, Inc. herewith tenders a check
for $ to the City of Fayetteville, as earnest money, which shall apply on the purchase price.
This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville,
Arkansas, and, if they do not so approve, the earnest money deposit will be returned to Peace at Home
Family Shelter. Inc. by the City of Fayetteville. If title requirements are not fulfilled or the City of
Fayetteville fails to fulfill any obligations under this contract, the earnest money shall be promptly
refunded to Peace at Home Family Shelter, Inc. . If Peace at Home Family Shelter, Inc. fails to
fulfill their obligations under this contractor, after all conditions have been met, Peace at Home Family
Shelter, Inc. fails to close this transaction, the earnest money may, at the option of the City of
Fayetteville, become liquidated damages to the City of Fayetteville.
4. Conveyance will be made to Peace at Home Family Shelter, Inc. by general Warranty Deed, except it
shall be subject to recorded instruments and easements, if any, which do not materially affect the value
of the property. Such conveyance shall include mineral rights owned by the City of Fayetteville.
5. The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a
title insurance company as selected by the City of Fayetteville. Peace at Home Family Shelter, Inc.
and the City of Fayetteville shall share equally in the cost of the title insurance.
6. The City of Fayetteville agrees to allow Peace at Home Family Shelter, Inc. , if Peace at Home Family
Shelter, Inc. so desires, at Peace at Home Family Shelter, Inc. 's expense, to survey the property.
The City of Fayetteville agrees to cure any title problems which may result from any differences between
the recorded legal descriptions of the property and the survey description. Said title problems, if any,
must be solved prior to closing to the satisfaction of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated
as of closing.
8. The closing date shall be within (_) days after the signature date of this offer. by the City
Council. If such date of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to Peace at Home Family Shelter, Inc. on the date of
closing.
10. The City of Fayetteville hereby grant(s) permission for Peace at Home Family Shelter, Inc. or their
designates to enter the above described property and improvements for the purpose of inspection and/or
surveying.
11. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is
assumed by the City of Fayetteville.
13. The City of Fayetteville shall disclose to Peace at Home Family Shelter. Inc. any and all environmental
hazards of which the City of Fayetteville has actual knowledge. Upon acceptance of all conditions and
terms of this Offer and Acceptance, Peace at Home Family Shelter, Inc. and the City of Fayetteville
shall share equally the costs of any and all testing for the existence of environmental hazards. Should
the existence of environmental hazards be known or determined, the City of Fayetteville shall cure such,
at their expense; or, in the alternative, at Peace at Home Family Shelter, Inc. 's discretion, Peace at
Home Family Shelter, Inc. may cure such environmental hazard, and the City of Fayetteville shall
indemnify Peace at Home Family Shelter, Inc. for all costs associated with said cure.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both Peace at Home Family Shelter, Inc. and the City of
Fayetteville shall contain the entire understanding and agreement of the parties with respect to the
matters referred to herein and shall supersede all price or contemporaneous agreements,
representations and understanding with respect to such matters, and no oral representations or
statements shall be considered a part hereof.
16. This contract expires, if not accepted by the City of Fayetteville on or before the day of
2006. _
17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council
for their approval within (_) days of acceptance by the City of Fayetteville.
18. NOTICE: THE Peace at Home Family Shelter, Inc. AND THE CITY OF FAYETTEVILLE
ASSERTS HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY
CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE
CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL
TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID,
INCLUDING, BUT NOT LIMITED TO, THE RETURN TO THE Peace at Home Family
Shelter. Inc. OF THE $ EARNEST MONEY DEPOSIT.
Date:
AGENT OR WITNESS:
Date:
City of Fayetteville, Arkansas,
A municipal corporation
Date:
Dan Coody, Mayor
Sondra Smith, City Clerk
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
SIGNED FOR IDENTIFICATION:
Date:
Date:
Date:
Dan Coody, Mayor
Date:
Sondra Smith, City Clerk
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared
to me well known as the person(s) who executed the foregoing document, and who stated and
acknowledged that he/she/they is/are of
and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of
said , and further stated and acknowledged
that he/she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes
therein mentioned and set forth.
WITNESS my hand and seal on this day of
Notary Public
MY COMMISSION EXPIRES:
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
2005.
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me
well known as the persons who executed the foregoing document, and who stated and acknowledged that they
are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly
authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of
said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of
MY COMMISSION EXPIRES:
Notary Public
2005.