HomeMy WebLinkAbout2003-05-05 - Minutes• TO: Parks and Recreation Advisory Board FROM: Connie Edmonston, Parks & Recreation Superintendent DATE April 30, 2003 RE: PRAB Meeting Monday, May 5, 2003 5:30 p m in City Hall Room 326 • FAYETTEVII,I .F PARKS & RECREATION AGENDA 1. Approval of April 7, 2003 PRAB Meeting Minutes PRAB Motion: 2. Introduction of new Parks and Recreation Staff: Kim Hesse, Park Planner 3. Botanical Garden Society of the Ozarks — Connie Edmonston Parks and Recreation staff has met with members from the Botanical Garden Society of the Ozarks to update and revise the land lease agreement made in 1997. Attached is a copy of the proposed lease as recommended by both parties for PRAB approval. PRAB Motion: 4. Park Land Dedication Development Name: Duncan Street Apartments Engineer: EB Landworks, Mandy Bunch Owner: Mathias Rentals Location: South of Sixth Street, on Duncan Street Park District: SW Units: 36 Multi -Family Units Total Acres: 2.46 Acres Land Dedication Requirement: 0.564 acres Money in Lieu Requirement: $13,048 Existing Parks: Frisco Park (.57 acre), Greathouse Park (6 acres), Staff Recommendation: Combination oLMoney and Land (0.466 acres and $2,266.25) With -the -understanding that the space is smaller than what is typically utilized for a neighborhood park. Parks and Recreation Staff will work with the neighborhood to provide the appropriate amenities for their needs and that will fit in the space dedicated. Developer Request: Combination of Money and Land Justification: Applicant has revised the overall site plan of the property, allowing for a second review of the project Discussions with the Neighborhood Association after March 3, 2003 PRAB Meeting indicated a desire and need for park space within the neighborhood PRAB Motion: 5. Lafayette Loft Apartments Undue Hardship Variance The North College Development Co, L.L.0 (Applicant) is requesting an Undue Hardship Variance Section 156.03 (A)(1), for the Lafayette Loft Apartments project. The project is located in the St. Joseph's Church and School on Lafayette Avenue. The Applicant is proposing 39 units on 1.99 acres of land. The Park Land Ordinance requires .66 acres or $15,327 to meet the recreation needs of residents for this development. On April 7, 2003, PRAB voted to accept a combination of money and land to meet these requirements. The Applicant has provided .176 acres, leaving $11,261.87 to be paid as parks fees. The Applicant is requesting the dedication of .176 acres be applicable to all park land dedication fees per the memo attached. Parks Staff recommends that the April 7, 2003 PRAB decision stand based on the following: • The Park Land Ordinance requires .66 acres of land be dedicated to meet the parks and recreation needs of the proposed development. The developer is only providing .176 acres • Parks Staff and the Parks and Recreation Advisory Board decided to take this land in combination with money based upon results from a public Willow -Washington Neighborhood Association Meeting. Comments and concerns from the neighborhood clearly pointed to the desire to obtain the land as a public park so that it would be held in perpetuity for use by the neighborhood and its residents, despite what future development may occur. • The Park Land Ordinance formula is based on land costs throughout the city; both inner and outer city land costs have been factored into the formula. The price per acre is set at $23,125. • Parks Staff does not want to create a precedent of granting hardship to developers that could severely limit the City's ability to provide for its citizen's parks and recreation needs. 6. Community Park Update 7. Park Trails Master Plan Update — Steve Hatfield 8. APEX Program — David Wright 9. Gulley Park Summer Concerts — David Wright 10. Other Business 11. Adjournment Attachments: PRAB April 7, 2003Meeting Minutes PRAB April 7, 2003 Special Meeting Minutes BGSO Land Lease Agreement Duncan Avenue Apartment Complex memo, plan, proximity map Lafayette Loft memo, appraisal • CIP Update Park Land Dedication Ordinance Fund Monthly Report HMR Monthly Report PARKS AND RECREATION ADVISORY BOARD Meeting Minutes May 5, 2003 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:30 p.m. on May 5, 2003 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairperson Colwell. Present: Parks and Recreation Advisory Board members Hill, Bailey, Colwell, Eads, Pawlik- Holmes, and Mauritson; City staff Edmonston, Coles, Hatfield, Hesse, Nelson, Turner, Wright; and Audience. 1. Approval of April 7, 2003 Minutes MOTION: Mr. Hill moved to approve the Parks and Recreation Advisory Board April 7, 2003 meeting minutes as distributed. Ms. Eads seconded the motion. The motion was approved 5-0-0 with Hill, Bailey, Colwell, Eads, and Pawlik- Holmes voting 'yes' and Mauritson absent for the vote. 2. Introduction of new Parks and Recreation Staff: Kim Hesse, Park Planner Landscape Architect, Kim Hesse was introduced as Park Planner. 3. Botanical Garden Society of the Ozarks — Connie Edmonston Parks and Recreation staff has met with members from the Botanical Garden Society of the Ozarks to update and revise the land lease agreement made in 1997. Advisory Board members have reviewed the proposed lease as recommended by Staff and BGSO. Ms. Edmonston noted changes from the original lease involved trail layouts and design and parking lot issues. It was also noted that although the Parks Master Plan discourages long-term leases, in this instance a 99 -year lease is warranted for grants and fund raising purposes. MOTION: Mr. Hill moved to recommend City Council approve a land lease agreement with the Botanical Garden Society of the Ozarks, Inc. for the operation of a botanical garden in Fayetteville. May 5, 2003 /.1 • Mr. Bailey seconded the motion. Upon roll call, the motion was approved unanimously 6-0-0. Blair Johanson, President of the Botanical Garden Society of the Ozarks, announced the society had received the 2003 Keep Arkansas Beautiful Award. Keep Arkansas Beautiful is a division of the Arkansas Department of Parks and Tourism. The Keep Arkansas Beautiful Commission is funded by the one -eighth - cent conservation tax. Recipients receive a $500 cash prize from Nucor Corporation of Blytheville. 4. Park Land Dedication Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Staff Recommendation: Developer's Request: Justification: Duncan Street Apartments EB LandWorks, Mandy Bunch Mathias Rentals South of Sixth Street, on Duncan Street SW 36 Multi -Family Units 2.46 acres 0.564 acres $13,048 Frisco Park (.57 acre), Greathouse Park (6 acres) Combination of land dedication and money in lieu (0.466 acres and $2,266.25) with the understanding that the space is smaller than what is typically utilized for a neighborhood park. Parks and Recreation Staff will work with the neighborhood to provide the appropriate amenities for their needs and that will fit in the space dedicated. Combination of Money and Land Applicant has revised the overall site plan of the property allowing for a second review of the project. Discussions with the Neighborhood Association after March 3, 2003 PRAB meeting indicated a desire and need for park space within the neighborhood. Jennifer Creel, representing the Town Branch Neighborhood Association, expressed the neighborhood's need for green space. Currently, residents must cross either 15t" Street or School Avenue to access park space. Project Engineer, Mandy Bunch, revised the proposal following community comment after the initial recommendation on March 3, 2003. The units are being constructed to allow more green space along Duncan Street. Although specific amenities for the space have not been decided, Ms. Creel cited Hotz Park as an • May 5, 2003 / 2 • example. Ms. Edmonston said because the development had changed, it needed to be re-evaluated by PRAB. MOTION: Mr. Colwell moved to accept a combination of park land and money in lieu to satisfy the Park Land Dedication Ordinance for the proposed Duncan Street Apartments. Mr. Mauritson seconded the motion. Upon roll call, the motion was approved 6-0-0. 5. Lafayette Loft Apartments Undue Hardship Variance The North College Development Co., L.L.C. (Applicant) is requesting an Undue Hardship Variance Section 156.03 (A)(1), for the Lafayette Loft Apartments project. The project is located in the St. Joseph's Church and School on Lafayette Avenue. The Applicant is proposing 39 units on 1.99 acres of land. The Park Land Ordinance requires .66 acres or $15,327 to meet the recreation needs of residents for this development. On April 7, 2003, PRAB voted to accept a combination of money and land to meet these requirements. The Applicant has provided .176 acres, leaving $11,261.87 to be paid as parks fees. The Applicant is requesting the dedication of .176 acres be applicable to all park land dedication fees. Parks Staff recommends the April 7, 2003 PRAB decision stand based on the following: • The Park Land Ordinance requires .66 acres of land be dedicated to meet the parks and recreation needs of the proposed development. The developer is only providing .176 acres. • Parks Staff and the Parks and Recreation Advisory Board decided to take this land in combination with money based upon results from a public Willow -Washington Neighborhood Association meeting. Comments and concerns from the neighborhood clearly pointed to the desire to obtain the land as a public park so that it would be held in perpetuity for use by the neighborhood and its residents despite what future development may occur. • The Park Land Ordinance formula is based on land costs throughout the city; both inner and outer city land costs have been factored into the formula. The price per acre is set at $23,125. • Parks Staff does not want to create a precedent of granting hardship to developers that could severely limit the City's ability to provide for its citizens parks and recreation needs. May 5, 2003 / 3 Advisory Board members discussed the $23,125 per acre formula set by ordinance. The formula is revised every two years. Ms. Edmonston said if appraisal values were used in place of $23,125 then developers would generally be paying more. MOTION: Mr. Mauritson moved to recommend Planning Commission deny Applicant's request for Undue Hardship Variance Section 156.03 (A)(1) for the Lafayette Loft Apartments project. Mr. Hill seconded the motion. Upon roll call, the motion was approved 6-0-0. 6. Community Park Update Mr. Hatfield reported six appraisals have been received. A May 20, 2003 meeting was scheduled to review appraisals and visit potential sites. The meeting will begin at 3:00 p.m. at the Parks Office, 1455 Happy Hollow Road. 7. Park Trails Master Plan Update – Steve Hatfield Mr. Hatfield announced a draft of the Fayetteville Alternative Transportation Plan has been completed. The Plan will be presented to the Sidewalks & Trails Committee on May 14. 8. A.P.Ex Program — David Wright Mr. Wright announced development of a program for the special needs youth population. The Achievement, Performance, and Excellence Program is designed to allow youth with special needs to receive the benefits of participating in recreational activities such as soccer and softball. The first program offered will be a softball/baseball league modified to accommodate each participant's needs. 9. Gulley Park Summer Concerts — David Wright Mr. Wright distributed flyers for the 7th Annual Gulley Park Summer Concert Series. Bands scheduled to perform include: Ultra Suede May 22, Tony Furtado and the American Gypsies June 5; Patrice Pike and the Black Box Rebellion June 19; Trout Fishing In America June 26; The Cate Brothers July 10; Darren Ray & Russ Hutchinson July 24; Mothership August 7. Performances are from 7:00 until 9:00 p.m. on Thursday evenings. 10. Other Business Mr. Hatfield announced National Bike Month. Bike Commute to Work Day is Friday, May 16. May 5, 2003 / 4 Mr. Colwell announced the 26th Annual Joe Martin Stage Race is scheduled for May 9-11. The event is affiliated with the United States Cycling Federation and part of the 2003 National Race Calendar. Mowing at Ridgeway Park has received favorable response. Joy Endicott, representing Fayetteville Disc Association, made a plea for field space. She said current fields are being overused or restricted and asked that multi -use fields be considered when constructing new facilities. Fayetteville Disc Association is preparing a formal presentation for the Advisory Board next month. 11. Adjournment Meeting was adjourned at 6:20 p.m. Minutes submitted by: John Nelson Approved: • May 5, 2003 / 5 LAND LEASE AGREEMENT • THIS AGREEMENT made this day of by and between the City of Fayetteville, a Municipal Corporation of the State of Arkansas, hereinafter referred to as "the City", and the Botanical Garden Society of the Ozarks, Inc., an Arkansas Non -Profit Corporation, hereinafter referred to as BGSO". • • WITNESSETH: WHEREAS, the parties desire to amend the agreement entered into on the 2nd day of September, 1997 regarding the operation and functioning of the Botanical Garden Society of the Ozarks which will serve the Northwest Arkansas community, and which will be built on land owned by the City of Fayetteville. WHEREAS, the BGSO's purpose is the establishment and operation of a botanical garden where diverse collections of plants will be displayed, utilized, and preserved for educational, environmental, recreational and scientific purposes, thereby promoting public awareness of the vital and unlimited roles that plants perform. NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto the parties covenant and agree as follows: The City hereby designates for the establishment, construction, maintenance, and operation thereon of a botanical garden as aforesaid for the collection and display of plant materials and for such other purposes as are incident to the development and maintenance of a botanical garden and for no other purpose whatsoever, contiguous tracts of land in the City, described as follows: A part of the Northwest Quarter (NW 1 /4) of the Northeast Quarter (NEI/4), a part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), a part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), all in Section 24, Township 17 North, Range 30 West, Washington County, Arkansas, being all of that portion in said Section 24 as described in a Warranty Deed Recorded in Book 402 at Page 313 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, less and except that portion of said parcel lying North of Lake Fayetteville waters and within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation of 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. The Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 24, Township 17 North, Range 30 West, as described in a Warranty Deed Recorded in Book 400 at Page 328 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and a part of the fractional Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 19, Township 17 North, Range 29 West, Washington County, Arkansas, being particularly described as follows: Beginning at a point which is North 88° 22' 40" West 108.90 feet from the Southeast corner of NW 1/4 of the NW 1/4 of said Section 19, thence North 02° 21'13" East 1048.50 feet; thence 88°22'40" West 1242.78 feet; thence South 02°31'34" West 1048.55 feet to the South line of said 40 acre tract; thence along said South line South 88° 22' 40" East 1242.78 feet to the Point of Beginning, less and except that portion of said parcel lying North of Lake Fayetteville waters and within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation of 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. 1.0. MAINTENANCE, PROMOTION, AND OPERATION OF THE GARDEN. The parties agree that the Society shall operate, maintain and promote the Botanical Garden of the • Ozarks for and on behalf of the City on the property wholly owned by the City and identified above and incorporated by reference herein as set forth in this agreement. 2.0. LEASE TERM. The lease term shall commence on the date of this agreement and shall expire at midnight local time in the City of Fayetteville, Arkansas, on the date which is 99 years from and after the date of this agreement, subject to such being sooner terminated as provided in this agreement. This lease term may be renewed upon approval of the City of Fayetteville, Arkansas. 2.1. REVIEW AND EVALUATION. The parties acknowledge that the Botanical Garden of the Ozarks is in its formative stages and that its development will be ongoing and changeable. IT IS FURTHER recognized that the roles, functions, and responsibilities of the respective parties will develop, grow, and/or change as well. For these reasons, the parties shall review and evaluate this agreement on a yearly basis to insure its appropriateness and applicability The BGSO shall present an annual progress review to the Parks and Recreation Staff, Advisory Board and the City Council. 2.2. The Mayor or his designated representative and the BGSO shall meet as requested by any party to review the terms of this lease, to suggest and negotiate changes which may be appropriate 3.0. TITLE TO BUILDINGS AND GROUNDS. The BGSO acknowledges without reservation that the City owns and shall hold title to the grounds and any future buildings constructed on the premises. 4.0. OPERATING POLICIES AND RESPONSIBILITIES. The BGSO shall provide to the Mayor or his designated representative its general operating policies for the Garden in written form. These operating policies shall ensure nondiscriminatory opportunities for all citizens. The Society agrees that its policies and operations shall be designed to preserve and maintain the integrity of all buildings, grounds and improvements existing on the premises, and shall consider the policies of Parks and Recreation regarding cultural and recreational facilities. 5.0. RULES AND REGULATONS OF BGSO. The BGSO 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 Mayor or his designated representative. To the extent permitted by law, either the City or the BGSO may exclude objectionable uses, or abusive or offensive person(s) from all premises subject to this agreement. 6.0. OPERATION AND SUPERVISION OF THE BOTANICAL GARDENS OF THE OZARKS. The BGSO shall exercise sole operational and supervisory authority over all grounds, buildings and personnel of the 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 collections, except as otherwise provided in this agreement. The BGSO 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 BGSO may not sublet any portion of the property without the express written consent of the City Council. 7.0 TRAILS: The BGSO specifically acknowledges the right of the public to access trails in the non -fee area without charge. BGSO must obtain the approval of the Parks and Recreation Staff on the layout and design of all public trails through this land lease area. 7.1 Construction of or enhancements to the primary public pedestrian and bicycle trails through the non -fee area to the west of the fee area must be approved by both the City of Fayetteville and the BGSO. Primary public trails located immediately adjacent to the fee area and all secondary trails related to BGSO programming will be designed, constructed, and maintained by the BGSO.(See attached maps identifying these areas) 7.2 Any enhancements or construction of any trails by the City within the non -fee area will be maintained by the City of Fayetteville. 7.3 The BGSO will construct and maintain a parking lot near the Visitor Education Center that allows free public parking with direct access to the primary public trails seven days a week. 7.4 The BGSO will be responsible for all educational, research and informational programs conducted on the premises and all printed material. 7.5 The parties agree that all employees and volunteers shall be employees or volunteers of the BGSO and shall not be considered to be City employees or volunteers for any purpose whatsoever. The BGSO shall have the sole authority for engaging, terminating, fixing compensation, supervising and otherwise directing all personnel, including sub -contractors, in conformance with applicable laws governing employees and volunteers at the Botanical Garden. • 8.0 CONSTRUCTION, ALTERATIONS, IMPROVEMENTS AND MAINTENANCE. 8.1 The Final Master Plan must be approved by the City Council, and shall serve as the development guide to present and future construction, expansion, and improvements to the premises. The parties agree that the BGSO will submit to the Fayetteville Parks and Recreation Staff for review and approval of all plans for construction, future alterations, and improvements to be located on the premises including, but not limited to, gardens, greenhouses, entrances and parking, and for all other alterations to any facilities and grounds at the Garden which undertakings shall be subject to applicable City procedures, zoning ordinances, and design review. 8.2 Any major changes to the Master Plan shall be submitted to the Fayetteville Parks and Recreation Advisory Board for approval 9.0 HOURS OF OPERATION. The BGSO shall establish the hours of operation for the Botanical Garden and shall consider the public interest in establishing such hours. The public parking lot will be open during daylight hours seven days a week. 10.0 SIGNS. BGSO may place such signs as it may deem proper on the premises, so long as said signs are in compliance with City of Fayetteville's sign ordinances. 11.0 PROGRAM ACCESSIBILITY. 11.1 The City reserves the right of use of the Garden or any part thereof (subject to prior reservations), with a minimum of thirty (30) days advance notice to the BGSO and without fee, for indoor or outdoor meetings, programs or events not to exceed six (6) usages per year in lieu of rental fees. The City shall be responsible for labor costs incurred by the BGSO for such usage and shall reimburse the BGSO therefore. • 11.2. Groups using any of the facilities of the Garden shall abide by all regulations as • established by the City and the BGSO. 12.0 LAWS. The BGSO shall comply with all present and future laws, ordinances, and rules and regulations, pertaining to the City of Fayetteville including, but not limited to, the Americans with Disabilities Act and the Arkansas Freedom of Information Act. 13.0 RESOLUTION OF CONFLICT. In the event of disagreement regarding operations procedures or scheduling, a committee consisting of four (4) members, one (1) appointed by the City, one (1) appointed by the City Parks & Recreation Advisory Board, and two (2) by the BGSO will be constituted to resolve the differences. If no resolution is reached within a reasonable period, then this committee shall refer the matter to the City Council, whose decision shall be binding to both parties. 14.0 INSURANCE. The BGSO agrees to obtain and maintain through the duration of the lease at its own expense, Commercial General Liability Insurance covering public liability, bodily injunes, death, products liability and property damage for damages and expenses arising out of the operation of the Garden prior to opening the Garden to the public. 15.0 DEFENSE AND INDEMNIFICATION. The BGSO 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 BGSO, 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 provided that nothing herein ,shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the constitution and statutes of the State of Arkansas. 16.0 SELECTION OF TRUSTEES. The BGSO agrees that the City Council will appoint one (1) member of the BGSO's Board of Directors. One member shall be a current member of the City s Parks and Recreation Advisory Board and one member must represent the Parks and Recreation Staff. The BGSO 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. 16.1 The BGSO 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. 17.0 FUNDING SOURCES. 17.1 In order to achieve and continue the public purpose of this agreement, funding • shall be provided or permitted but not limited to the following sources: A. The BGSO agrees to use its best efforts to secure gifts of cash, services, endowments, and plant materials for the purpose of fulfilling its obligations hereunder. Any funds raised for the Garden by the BGSO shall be used for the purpose of equipping and maintaining the Garden, for the improvement of real property, for the general maintenance of the Garden, or for any other purpose designated by the BGSO's Board of Directors. B. Generated revenue from admission, gift shop, program and service fees, and miscellaneous rental income. C. Gifts, grants, bequests and devises from private donors, expended in conformance with the terms of their receipt. D. Earned income from investments. E. Bond funds as may be authorized. 18.0 FINANCIAL REPORTS. In accordance with the BGSO's Bylaws, the City shall receive 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 BGSO shall timely provide to the City the yearly operating budget of the BGSO. 19.0 RENT, FEES, CONCESSIONS AND TAXES. The BGSO 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 inthe tourism market place. 19.1 The BGSO 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 BGSO shall indemnify and save the City harmless from and against any liens or similar liabilities claimed or changes against the BGSO pursuant to the BGSO's operation of the Garden. 20.0 REMEDIES FOR BREACH OR VIOLATIONS OR DISPUTES. 20.1 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 thirty (30) days 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 thirty (30) days period or other agreed period. Any request of extension shall not be unreasonably withheld. 20.2. In the event the BGSO 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 BGSO'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 BGSO, 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 BGSO. 20.3 The parties agree that neither part 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. • • 20.4 The parties agree that this agreement supersedes the Land Lease Agreement entered into on the 2nd day of September, 1997 and renders said earlier agreement void in its entirety. ATTEST: By: Sondra Smith, City Clerk BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. By: Blair Johanson, President CITY OF FAYETTEVILLE, ARKANSAS BY: Dan Coody, Mayor • \\ i‘i .KiO ' �W ta :[➢Soo rpLdib05 w • hEB LandWorks, Inc. I/ 758 N. Fowler Avenue, Fayetteville, Arkansas 72701 �r ---� phone 479.444.7769 fax 479.444.7793 • April 30, 2003 Rebecca Turner, ASLA, Park Planner Parks & Recreation City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Revised Parks Proposal Proposed Apartment Complex Duncan Avenue Fayetteville, Arkansas Dear Ms. Turner: Pursuant to community comment, and our conversations, I am submitting a revised proposal to you on behalf of Mr. James Mathias. We are proposing to dedicate 0.466 Acres In land and pay $2,266.25 to fulfill the parks requirements for this project. We have revised the site plan to show only three buildings with associated parking. This change has allowed us to leave 0.466 Acres undeveloped. Based on the revised calculations, 0.564 Acres is required for a complete fulfillment of the parks requirement by land dedication. Due to other site constraints, i.e., leaving a buffer to the north for the adjacent property owner, constructing a drive to access the new development, and the request from the engineering department to increase the size of the detention pond, we are unable to dedicate the entire 0.564 Acres. For this reason, we are requesting to pay 52,266.25 to compensate for the 0.098 Acre deficiency. Thank you for your ongoing patience and assistance with this project. Best Regards: Mandy R. Bunch, PE r rn 0 z 71 D ..lamas Mathias y I 1 r rn 0 z 71 D • • • April 30, 2003 Planning Commission City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: Request for Variance by way of a Partial Waiver of Applicable City Parks and Recreation Fees as part of Application for Planned Residential Zoning District at 313 E. Lafayette (St. Joe's Catholic Church) Dear Mr. Chairman and Members of the Planning Commission: Pursuant to North College Development Co., L.L.C.'s application for planned residential zoning district at the old St. Joe's Catholic Church on Lafayette Street in Fayetteville. Applicant has met with members of the neighborhood association and the City Parks and Recreation Board concerning the dedication of park land in lieu of parks and recreation fees. Following the meeting with the neighborhood association„and at the request of the association, the Parks and Recreation Board did recommend a dedication of 7,687 square feet of park land. However, the Board recommends that the dedication be in lieu of some, but not all, of the applicable fees. Applicant is requesting a dedication of 7,637 square feet of land in lieu of all fees According to an appraisal supplied to applicant by St. Joe's Catholic Church, the land in question has been valued at between $2.25 to $4.25 per square foot or $17,295.25 to $32,592.88. Applicant is proposing thirty-nine new residential units at the site. It is Applicant's understanding that in lieu of a dedication of land, Applicant would be required to pay $15,327.00 in park fees In as much as the value of the land being dedicated is in excess of the amount of fees otherwise required, Applicant is requesting a variance, (pursuant to Section 156.03(A)(1)) of the City Code by way of a waiver of any additional park fees on the basis of undue financial hardship. Applicant believes that this situation is unique in that this is a request for dedication of land located in the heart of the city which as a general proposition is more valuable than land located in other parts of the city in new multi -acre developments. Additionally, this is an infill project, which is in the public interest. This variance would do substantial justice; would be in the public interest; and would not otherwise have the effect of nullifying the intent and purpose of development regulations. Attached with this request is a copy of the relevant portions of an appraisal of the land in • question by Reed & Associates, Inc. Your kind consideration of this request is appreciated. RPA/jde Enclosures • • Sincerely, Richard P. Alexander • r; • 5.5 • • • Apr -10-03 OS:41P Alexander b Gregory Red&.�tssocia eInc. �CfA(lJTA1retrms,ffF•C(_ fs, Tnm.Cmd, ILLY Cat r 1.4T.u?.r Rab pans 1'.• 501 521 113139 Ira ran plot December n, 2011 r0 n.. Ira) St. Joseph Catholic Church Attn: Paul Warren 1)1 r..I rth,.,•re r,r..; p,_:,.mn'1n::, Al: 72701 Dear Mr. Wanen: 3M1nNAA. AR 72)011101 (WOW. y1.1 era Venus rat ' P.04 Kylrpa/dllo - .lorartSunders . !u: The Si. Joseph Culiudic Cht:rch Pmpcny. Office, Sch. Airuo nndL d Church h buildings;Situated on a LS)s And. Dwcihogs LocAnd. the A side of Lafayette. Locked al l4G N. Willow, ;:ni 3!0 SntOn; Feynneville,IMkans:a; Washington Conmv In compliance with void request and for the I above captioned property, 1 hereby purpose of clamming the market value have made anlrvevofrty, Ih pertinent to Mat 1 have;n,xuted the Ina ofathe he estimation Subject property and ! I funhc, ecnify that 1 have no interest, 1 of its value and:h r my fee was not contingent ince u present or conicrrriplated, in the property upon the value estimate repotted.P Parry appraised The following retort contains data gathered in my invbso utior files trod shows the method of retained tapplrnsal. SOME g t. information hem my in the appraisal tile. This of s Limited ppr isal 4. sly i.a repaired ;n ` Son:rraly pornat. report represents a LimilcA A PPraanl a,nslvss !1•:;cJ upon an analysis of n•;cva i I IlnJt iii enluli lm r n data and Contingent upon t n. which lullow and appear later ;n P 1''0 as'`'1O1rp inion and mat ket value of ;he anbjeva properly, as of November ?(I bis report. n is my opinion Ihr. Subject Church/School Property 1001, was as follows: P t it 51� Aeres) = 51,370,000 t0 51.520,000 710 Sutton s 346 N. Willow , • • The preceding values reflect tern . equivalent tell 155,000 = SI 75,000 • ' e owners, and repiesent that for in , the�' property only. No IO cash to Personal property has been induV1• final , Innate of valne,i':: • • • Apr -10-03 O5:41P Alexander 8 Gregory Cou Aryn 50] 621 1669 P.O6 Recd A A.$ociare . Inc. There was a lack of recent, comparable sales of propcI-ties of the subjects nature in the immediate Market area or the Fayetteville arca. There late no vacant sites of the subjects nature in the market urea. Sales of smaller lots in theobject and competing areas were utilized. (lased nn the size/shape of the subject sitc,� it could he divided into several homcsites with little development costs. Lots could! he located 6nntiug Willow and Walnut Avenues, and Lafayette Streets. There appears to he good demand for lots/homcr. in the subject arcz. A nnlvsis of Soles I'hc rem (II rump:Ai!.ua is price per squtre :irot. 41 i;,: 1:k MC lit 1. of cunt:Hi::un :a^ property rights. conditions of sur, market conditions. location, aid physeal rliteincteihnIcs. Property (tights Appraised: Ku adjusu teas are indicmcr. Bach of the sides uppeas 10 have involved the franc; er of the frac• simple nnc:;r.r Conditions of Sale: Each of the sales :ippon: to h::ve been an arms -length transaction end no finzwine adjitsiments can be st:pportcd. Nu adjustments lire conditions of sale are intileafed.! Market Conditions/Location/Physical Characteristi Is: After adjustments for market conditions. location and physical characteristics. where applicalde, the sales indicate .a price per square font for the matin subject she of 52.25. Therefore: 79,6231- SF ©S2.25 - S I Say SI S0,000 The values for the smaller subject sites area as follows; i 3i6 N Wallow (7,11St::. SF) 7. 310 Sutton 1.1',255_ SF) 157 7 532,000 5.35,000 77