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Home My WebLink About2005-02-07 - Agendas - FinalPark & Recreation Staff Connie Edmonston, Director Steve Hatfield, Landscape Architect Jeff Coles, Maintenance Superintendent David Wright, Program Superintendent Alison Jumper, Park Planner Matt Mihalevich, Park Planner Rachel Weber, Operations Assistant FAYETTEVILLE PARKS & RECREATION Parks & Recreation Advisory Board Mike Hill, Chairman Jeny Bailey, Vice -Chairman Jay Davidson Monroe Harrison Kristin Pawlik Holmes Stephen Langsner Trey Marley Craig Mauritson Parks and Recreation Advisory Board Meeting February 7, 2005 at 5:30 p.m. City Administration Building Room 219 113 West Mountain Street Fayetteville, AR AGENDA 1. Approval of January 3, 2005 PRAB Meeting Minutes PRAB Motion: 2. Zach Starr — Boys Scout Proposal for Walker Park Fitness Stations: Steve Hatfield, Parks Landscape Architect PRAB Motion: 3. Park Land Dedication: Alison Jumper, Park Planner Development Name: The Heights Engineer: Milholland Company Owner: P.A.P., LLC Location: South Hwy. 45 and west of Hwy. 265; near the shopping center with Eureka Pizza. Park District: SE Units: 56 Single Family Total Acres: 17.22 Land Dedication Requirement: 1.34 acres Money in Lieu Requirement: $31,080 Existing Parks: Ridgeway View, Root school park Developer's Request: Money in lieu Staff Recommendation: Money in lieu Justification: The land requirement for this development does not provide adequate land for a park. In addition, surrounding development prohibits the possibility of park expansion. PRAB Motion: 4. Solar Boat Race Request: David Wright, Recreation Superintendent See attached request. Park and Recreation Staff Recommendation: To be presented at the meeting. PRAB Motion: 5. Park Land Dedication Criteria Proposal: Alison Jumper, Park Planner Attached is the Park Land Dedication Criteria to be considered for adoption by PRAB. This document will inform developers of the criteria of land acceptable in our parks system. Parks and Recreation Staff Recommendation: To approve the proposed Park Land Dedication Criteria. PRAB Motion: 6. Botanical Gardens of the Ozarks Board of Directors Representative: PRAB requested for board members to rotate on the Botanical Gardens of the Ozarks Board of Directors as required by their lease agreement with the City. Susan Regan, Park Horticulturists, represents the Parks and Recreation Division. Their Board meets at 6 pm on the 3`d Tuesday of each month at the Fayetteville Public Library Conference Room. The next meeting will be February 15, 2005. A rotation of PRAB needs to be established. 7. Park Land Dedication Fund Request: Connie Edmonston, Director Parks and Recreation Staff requests $50,000 to replace the Sweetbriar Park playground. This playground is very old and needs to be replaced. Some of the play structures have been removed. A public meeting will be held to solicit neighborhood requests for the park. PRAB Motion: 8. Parks & Recreation Annual Report: Connie Edmonston, Director According to Article II, Chapter 33.018 (B) in the Fayetteville Code of Ordinances, Parks and Recreation Advisory Board is to prepare an annual report to City Council. This report will be e-mailed to you on Friday for your review. PRAB Motion: 9. Other Business 10. Adjournment Attachments: PRAB January 3, 2005 Meeting Minutes The Heights Development Map and letter Solar Boat Race Request Park Land Dedication Criteria Parks and Recreation 2004 Annual Report Botanical Gardens of the Ozarks Lease Agreement & Map CIP Update Park Land Dedication Ordinance Fund Monthly Report HMR Monthly Report PARKS AND RECREATION ADVISORY BOARD Meeting Minutes January 3, 2005 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:34 p.m. on January 3, 2005 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairman Colwell. Present: Parks and Recreation Advisory Board members Colwell, Eads, Hill, Mauritson, Bailey, Shoulders, and Pawlik Holmes; City staff Jumper, Hatfield, Edmonston, Coles, Malloy and Audience. 1. Introduction of New Board Members Colwell announced the new board members Jay Davidson, Monroe Harrison, and Steve Langsner. He welcomed the new members to the Parks and Recreation Advisory Board. Edmonston conveyed a great appreciation for all the hard work and time Wade Colwell, Gail Eads, and Bob Shoulders have committed to Parks and Recreation. 2. Election of Officers A. Chairperson Colwell moved to nominate Mike Hill for the chairman of the Parks and Recreation Advisory Board. Pawlik Holmes seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Marley, Davidson, Harrison, and Pawlik Holmes voting `yes' and Langsner absent for the vote. B. Co -Chairperson Hill moved to nominate Jerry Bailey for the Co -Chairman of the Parks and Recreation Advisory Board. Harrison seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Marley, Davidson, Harrison, and Pawlik Holmes voting 'yes' and Langsner absent for the vote. January 3, 2004 / 1 3. Approval of December 6, 2004 Minutes MOTION: Mauritson moved to approve the Parks and Recreation Advisory Board December 6, 2004 meeting minutes. Pawlik Holmes seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Marley, Davidson, Harrison, and Pawlik Holmes voting 'yes' and Langsner absent for the vote. 4. Park Land Dedication: Alison Jumper, Park Planner Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Parkland Developer's Request: Staff Recommendation: Justification: Jumper presented the proposal. Hancock Estates Project Design Consultants H. Wilson North of Mt. Comfort Rd. between Rupple and Salem Rd. NW 43 Single -Family 14.94 1.03 Acres $23,865* Gary Hampton, Clabber Creek Money in lieu Money in lieu Recreational needs are met by the existing park land in the area. Marley stated the area near Asbell needs another park land in that area considering the news developments. Pawlik Holmes asked how large the development. Jumper replied 900 feet at the widest. Edmonston stated Asbell is the large park in the area. Marley moved to accept staff recommendation of money in lieu. January 3, 2004 / 2 Mauritson seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Marley, Davidson, Harrison, and Pawlik Holmes voting 'yes' and Langsner absent for the vote. 5. Park Land Dedication: Matt Mihalevich, Park Planner Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Justification: Devonshire Manor Project Design Consultants Atlas Construction South of Hwy. 16, west of 54th Street adjacent to the proposed wastewater treatment plant. SW 128 Single -Family 45.85 3.072 Acres $71,040 Legacy Parkland to west 2.03 Acres of park land and $24,096.25* in fees. 2.03 Acres of park land and $24,096.25* in fees. Potential additional parkland to the north of the proposed development may become available. The proposed clubhouse and recreation center are for private use, therefore they are not included as part of the parkland requirement. Mihalevich presented the development proposal. Pawlik Holmes asked if this was to extend park out of Double Springs land. Bailey asked if the Wastewater land is to the SE Hatfield replies yes to both questions. Mauritson moved to accept staff recommendation of money and land 2.03 acres in contingent with a waiver from City Council. January 3, 2004 / 3 Bailey seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Marley, Davidson, Harrison, and Pawlik Holmes voting `yes' and Langsner absent for the vote. 6. 2004 Trail Accomplishments Power Point Presentation Steve Hatfield presented a Power Point on Trail Accomplishments in 2004. He reviewed the multiple trail completed, began, and grand openings. It has been a great year in 2004 for trails and 2005 is going to be an even better year. 7. Other Business Edmonston confirmed the PRAB Orientation is set for January 8th at 9:00 a.m. the location is yet to be determined. Adjournment Meeting was adjourned at 6:34 p.m. Minutes submitted by: Rachel Weber January 3, 2004 / 4 ILNur,1::::11I II I 11 �. II IIII ti"Ilicill ' � III' lI'll III ' � 1 li I 11 'l I;I j �" VIII III I 11 IPI 1 jO' II I I, iIl SII 1I �� 1° I III 1111 I II III III ,! ' II -1 III 1 I1 !I ISI l I " 11i I�1 l 'l ll � 1 Ill Ii I��l1 �� II I I II J� ir I1 Il J I till ;ii I 1 ! 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Milholland, PE, PLS Thomas M. Jefcoat, RLA, REM, CPESC REGISTRATIONS: PE: AR, MO PLS: AR RLA: AR January 10, 2005 Proj ect No. E-731 FAYETTEVILLE Parks and Recreation Department 113 West Mountain Fayetteville, Arkansas 72701 ATTN: Alison Jumper RE: The Heights Subdivision Dear Alison: This correspondence is formal request to present the above reference project to the Advisory Board at it's February 7th meeting. The request is for money in -lieu of land. I believe that you have a layout of the subdivision, previously submitted to you on December 16th with request for presentation to the Advisory Board. You should have also received a digital file for preparing packet to Board members. The City's Landscape Administrator, Jeremy Pate, received similar information the same date. I met with Jeremy in the field and walked over the site on December 20th. Attached is the tree preservation plan and mitigation requirements determined. Materials were submitted to the Parks and Recreation Department in hopes of being considered on the Advisor Board's January meeting schedule. Material deadline normally being the middle of the month as was the case throughout the '04 calendar. Having received the '05 schedule I see that submission are now earlier in the month. I have talked with Jeremy and we will delay our submission to Planning from January to the first of February for review. This delay is unfortunate but admittedly a calendar restraint that was unavoidable, and our mistake. It would be helpful if the Parks Advisory Board meet twice during a month. Should you have any concerns or need of additional information, please contact me. I will expect to meet with Staff on site on January 19th, at what time? Sincerely, Milh Thomas M. Jefcoat, RLA Projects Manager 205 West Center Street; Fayetteville, Arkansas 72701; Phone: (479) 443-4724; Fax: (479) 443-4707; E-mail: MCOengr@swbell.net 02/02/05 WED 17:23 FAX 479 575 7967 FAYETTEVILLE PARKS & RECREATION UA ELECT ENGR Parks and Recreation Advisory Board Agenda Request X002 Parks and Recreation Advisory Board (PRAB), Meetings are held the first Monday of each month at sprior5:30 p.m. Request must be submitted in writing to the Parks and Recreation Office eight (8) workingand m t to the meeting. Request may be e-mailed or faxed. This will allow staff time to review the proposal with the requestor if needed. Failure to provide adequate information may delay request to be placed on the agenda. PRAB Agendas are posted on the City's Web Site at www.accessfayetteville.org. Request must be submitted on the following format: Date: L' Name: 4/4 �drn Address: 30/7), 954 et/a-a{r.cale,lr ttnif I ,j% cell: lea Wthr DRAB Meeting Date: .47VAC Phone: Day: J Tt$F Evening:.SW-rein E -Mail: 13ya MIR l `. 84 Organization Name: j�1Yts.�%/ d�tharesss d/ei' Information about Organization including History: (Please attach a list of Officers, members, addresses, and phone numbers.) nee iti ra iJ 4%s,r r/ tirr%'i2-�< ��/ ;3 J e' G' et) /fro in -or Pr Athol -el terveel-7, ter de, fie (tali44a?r rfeve-- da, 44/ 3or Kate- / Name of Presenter (s) to DRAB: J/41 A' ,»ni / 42 it er Please attach a memo including the following items: 1. Request (Please be specific.) 2. Background of request. 3. Estimate cost of project. 4. Donation to the City if applicable (Labor, Materials or Funding) 5. Requested cost to the City. 6. Maintenance required. 7. Detailed timeline. 8. Date requested to be complete. SOLAR SPLASH is the World Championship of Solar/Electric boating and takes place in mid to late June each year. It is an international intercollegiate competition that takes place over five days. Technical Inspections are done on the first day, and the remainder of the time is occupied by five on -the -water competitive events. Points are earned in 7 categories starting with Technical reports that are submitted at the beginning of May. On- site competitions include Visual Displays and Workmanship. On -the -water events begin with a Sprint and a Maneuverability qualifier. This is followed by an event called the Solar Slalom, which is a combination of speed and maneuverability. The final days are spent in the Sprint and Endurance events. Over the years, SOLAR SPLASH has taken place in Milwaukee, Wisconsin, due to its central location and proximity to Marquette University, which hosted the event. In 2000 it moved to New Orleans to cater to southern interests, and then it moved to Buffalo, New York where the competition has been hosted for the past 5 years. The Buffalo site is excellent and within 500 miles of many of the participating schools. The local community strongly supports the Splash. SOLAR SPLASH is a practical educational experience, which helps to develop teamwork and inter -disciplinary skills. In recent years a few highly qualified High School teams have joined the Event as a natural educational path from secondary school to college. The Event combines the fun of competition with education in a way that is not a major disruption to the student's academic schedule. If Lake Fayetteville is selected as the host site for SOLAR SPLASH 2006, it is expected that upwards of 30 teams would compete including entries from both the SEC and Big 12 conferences. Due to Fayetteville's location and the University of Arkansas's involvement in the SEC it will be possible to generate a great deal of interest from the universities in Oklahoma, Texas, Louisiana, Mississippi, Missouri, Kansas, Tennessee, Alabama, and Kentucky as well as the other teams that normally attend this event. In addition to SOLAR SPLASH, it is hoped that one or more additional events could be scheduled to coincide with this activity and take place earlier in the week as a way of introducing the new facilities at Lake Fayetteville to the public. It is also possible that a successful event in 2006 could make it possible to act as the consecutive host for several years as has been the case in Buffalo. CRITERIA FOR ACCEPTING LAND Ordinance 166.06.b.i : The physical characteristics of the designated land are suitable for park purposes. Park Land • The proposed park land is identified in the Parks and Recreation Master Plan as a needed mini -park, neighborhood park or community park. • Stormwater facilities, wetlands, and land designated as FEMA floodway are not acceptable for park land. • Lands designated as FEMA 100 -year or 500 -year floodplain may be appropriate for park land in varying instances such as for undeveloped land, or natural areas. Land in the floodplain has limited options for development which often makes it unsuitable for neighborhood parks. • Drainage from adjacent streets, creeks, rivers, ponds, etc is not acceptable on park land. Drainage structures directed to existing water courses that traverse parkland shall be reviewed and approved by Parks Staff. • Park land intended for a neighborhood park shall have street frontage along a residential street unless otherwise approved. Refer to the Master Street Plan for street designations. • Houses facing the park on at least two sides is recommended. • Park land is located in an area that allows for future expansion as adjacent development occurs. • Park land dedication cannot be credited as Tree Preservation Land. • Location and condition of site must be free of debris, safety hazards or areas that will require an inordinate amount of maintenance. Trail Corridor • The proposed land dedication is identified in the Fayetteville Alternative Transportation and Trails Master Plan as a proposed trail corridor. • Proposed trail corridors within the floodplain must be reviewed and approved on an individual basis. • Pedestrian access that connects residents to a trail corridor is recommended throughout a proposed development or subdivision. • Lands designated as FEMA 100 -year or 500 -year floodplain may be appropriate for trail corridors. • Drainage pipes directed to existing water courses, may be reviewed and approved by Parks Staff ''/1 lir ///, ... r/r/ r//! �' ltl� Jul i/rr 1111 1 1 1 / / I 1 1//- // / •ice% — -- - i � t1111 1111 ////%,////j%i'�r ��'�_______________1// //// -% __---- t• 111{ \ N. \ 1I��\\ \\kick\\�.� — 1.".Z' X \/ 1 t�0\t X \ \ \\ \\4= "�: \ \ t �` OS \ \ \ \ - \ C \ \ \ \I 11%\\\ \N. 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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a Land Lease Agreement with the Botanical Garden Society of the Ozarks for the purpose of operating a botanical garden at Lake Fayetteville Park. A copy of the Lease Agreement marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 2nd day of September 2003. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: LAND LEASE AGREEMENT otbe THIS AGREEMENT made this act day of SiAptegjak, 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 enter into an agreement 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 I/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 104830 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 Iying 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 25 years from and after the date of this agreement, subject to such being sooner terminated as provided in this agreement. This lease term shall be renewed for three (3) additional 25 year renewal terms upon the mutual agreement of the parties. This lease term may be renewed upon approval of the City of Fayetteville, Arkansas. Each renewal term will not be unreasonably denied by the City as long as the BGSO continues to operate a botanical garden on the City property identified with this lease. 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. 11' 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 thepremises, 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 mustobtain the approval of the Parks and Recreation Staff on the routing 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 (see attachment) must be approved by both the City of Fayetteville and the BGSO. Primary public trails Iocated 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 Society 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 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 OP 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. 10.0 SIGNS. Lessee .may place such signs as it may deem proper on the premises, so long as said signs are in compliance with Lessor's sign ordinances. 11.0 PROGRAM ACCESSIBILITY AND PROGRESS. 1.1.1 As consideration for this lease, BGSO will offer free general admission to the Garden each Saturday morning from 9:OOam to 12:OOpm. This waived fee provision only applies to general admissions and not to specialty areas, buildings or events that require a separate entry fee. In addition to the above stated consideration, BGSO will recognize the importance of its botanical educational role by making garden access arrangements with the Fayetteville School District for students and teachers. 11.2 Groups using any of the facilities of the Garden shall abide by all regulations as established by the City and the BGSO. 11.3 PROGRESS. BGSO will develop and open a botanical garden on the City property identified with this lease agreement. BGSO will offer botanical garden programmatic and educational services as part of its mission. BGSO will establish an initial yearly attendance goal minimum for all BGSO garden services and programs of 5,000 people beginning with calendar year 2005. BGSO will develop a three to five year plan of action with stated goals and objectives. BGSO will continue to review, refine and renew these actions plans during the course of this lease. BGSO will prepare, publish and present an annual operations report to be submitted to the Fayetteville City Council. 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 injuries, 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. 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 in the tourism market place. 19A 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 ninety (90) 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 ninety (90) 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. BOTANICAL G • ' e EN SOCIETY OF T O • INC. ATTEST: By: Name and title: CITY OF FAYETTEVILLE, ARKANSAS Charles Danie Coody, Mayor BGSO Lease Area City Property Li -�-r-�- Streams Streets 0 250 500 1,000 1,500 2,000 Feet Map Showing Area Leased To Lease Area = 82.13 Acres± Botanical Garden Society of the Ozarks, Inc. Project Accounting Summary - February Project Number Project Title Funding Sources Project Manager Project Description Current Status (Quarterly Basis) Project Status 00005 Tennis/Basketball Surface Renovation Edmonston, Connie To resurface the basketball courts at Wilson Park. Complete. Complete. 00006 Skate Park Parks Development Hatfield, Steve Skate park was requested by the citizens initially through the Juvenile Concerns Committee. Skate park construction is complete. Grand opening held on September 27, 2003. Berm landscaping and irrigation design to be completed and bid fall of 2005. Complete. 00007 Red Oak Park Development Parks Development Edmonston, Connie Development of Red Oak Park includes picnic tables, grills, benches, and continuation of the natural trail as requested in the public meeting. Staff met with Bridgeport property owners to discuss Red Oak Park. Detailed survey of project area for drainage and trail improvements Project to be combined with 01012 Concession/Restroom Improvements Sales Tax Capital Improvements Coles, Jeff Heaters were installed Walker and Lake Fayetteville restrooms to extend usage during winter months. Restrooms were rennovated in December and January. Heaters were installed at Lake Fayetteville Softball Complex and Walker Park. Complete in 1st Quarter 2005. 01018 Park Trail Development Sales Tax Capital Improvements Hatfield, Steve West Mud Creek Trail project. Raven Trail, Gulley Park Trail extension to Azalea Street, and East Mud Creek Trail were completed in 2002. East Mud Creek temporary access was completed. Complete. West Mud Creek Trail Project moved to new project number 03028. 02001 Lights of the Ozarks Parks Development Edmonston, Connie Lights of the Ozarks display. In the 2003 budget, labor is included in the personnel costs and equipment costs are reflected in Plans for the 2003 Lights of the Ozarks were made in September. Installation to begin in October and Completed. 02002 Community Park Development Sales Tax Capital Improvements / Parks Development Edmonston, Connie Establishment of a Community Park with approximately 150 acres was a high priority of the Parks and Recreation Master Plan. Cummings property was selected for the community park site by PRAB and Park Staff. On September 7 2004, a resolution approving the mayor to enter into a contractwith Southpass Development was approved. This included the donation of 200 acres The environmental study will be submitted for City Council approval on December 2, 2003 with expected completion by February 2004. The land purchase will be submitted for City Council approval on March 16, 2004. 02003 Park Beautifications Sales Tax Capital Improvements / Parks Development Edmonston, Connie Additional flowerbeds were requested at several of the Parks and Recreation Master Plan public meetings. Project on hold until further notice. Walker Park Entry Feature Design completed in October 2003. 02004 White River Baseball Complex Improvement Sales Tax Capital Improvements / Parks Development Wright, David The ball field lights are the original lights installed by volunteers when the fields were built. Last year several difficulties were experienced with the lights going out during Project contract was awarded to Lillich & Bossler for $250,000. Project completion should be February 2005. 02013 Neighborhood Park Development Sales Tax Capital Improvements Edmonston, Connie The Gregory Park sidewalk needs to be continued to the playground area in order to nrnvide ADA arcescihility With the funds Gregory Park Improvements are not currently scheduled due to hinher nrinriti7pd nrniertc Project on hold due to higher prioritized project and vacancy of Park Planner nnsitinn Prnieot to herein Aiiniist 2005 02014 Other Park & Safety Improvements Sales Tax Capital Improvements Edmonston, Connie ADA improvements to include Gregory Park sidewalk from the parking lot to the pavilion, Asbell playground replacement, Walker Park sidewalks and ramps, Finger Walker Park ADA sidewalk to serve skate park, BMX Tack, playground, pavilion, and picnic area was completed for the Skate Wilson Park bridge evaluation/design completed December 2003, bid award on April 6, 2004 with project completion August 2004. The softball scoreboard 02015 Trail & Drainage Improvements Sales Tax Capital Improvements Hatfield, Steve Trail and drainage improvements are needed at Red Oak and Gordon Long Parks. Water runoff from adjoining subdivisions discharges into the lower valley Projects will be scheduled in the fall/winter of 2005. Grate material has been ordered City Engineers will be working with staff to resolfve the drainage problems. 02016 Trail/Park Land Acquisition/Development Sales Tax Capital Improvements / Parks Development Hatfield, Steve Funding is needed to assist with West Mud Creek and Center Prairie Trails and/or purchase of additional park land in addition to the surveying of new park properties and Frisco Trail Grand Opening was held January 19, 2005. Center Prairie Trail bid award iwent to Sweetser Construction for $374,530.55. 02027 Playground & Picnic Improvements Sales Tax Capital Improvements Edmonston, Connie To replace old equipment such as Sweetbriar Park playground and Wilson Park merry-go-round. Funding for this project will be requested in February 2005. The replacement of Sweetbriar will be completed in 2005. 02043 Lake Fayetteville/Sequoyah Improvements Sales Tax Capital Improvements / Parks Development Hatfield, Steve Lake Fayetteville bridge is scheduled to be built in the fall of 2003. Lake Sequoyah boat docks are to be evaluated for replacement in the fall. Park Land Moberly is 65% complete. Project to be complete in Spring 2005. Grant award determination to be made by AR Parks and Tourism Outdoor Grants Program in December 2003. City Council Bid Award on February 17, 02045 Forestry Program Sales Tax Capital Improvements Edmonston, Connie Funds to be used for Arbor Day tree give- away, tree inventory,A skidsteer has been requested and approved from Fleet Operations. Bids are due on Funds from this program will be used to purchase street tree plantings on Gregg Street after the contractor has completed the street improvements project. A Skidsteer with attachments for this 222 Neighborwoods trees were purchased and are to be delivered to neighborhoods on October 18, 2003. Chipper and Box Truck with Aerial Boom request to Fleet Division for purchase in 2003. 03022 Lake Fayetteville Trails Parks Development Hatfield, Steve Funding is to match the two existing grants for signage and trail improvements at Lake Fayetteville Trail. 1997 - $20,000 Grant Award AHTD - Recreation Trails Grant (80/20 match): Signage and kiosk are being designed and project will be bid in November 2003. Signage Bid Award expect to go to City Council on January 6, 2004 with project completion in May 2004. 2002 and 2003 grants waiting for change in scope approval from AR Highway and 03028 West Mudd Creek Trail Expansion Sales Tax Capital Improvements / Parks Development Edmonston, Connie Construct West Mudd Creek Trail from Steele Boulevard to Front Street along Mudd Creek. Contract for West Mud Creek was awarded to Sweetser Construction in the amount of $426,936.03. Complete 03029 Park Multi-Use Trails Sales Tax Capital Improvements Edmonston, Connie Construct multi-use trail at Walker Park and Walker Senior Center. Contract awarded to apac- Arkansas, Inc. in the amount of $183.786.50 Complete 96093 Gary Hampton Softball Complex Parks Development Edmonston, Connie Improvements will include the planting of trees inside and outside of the complex for screening and shade, and to enhance the flowerbeds and beautification efforts of the park. The storage building was completed in 2004. Storage bins for ball field materials will be completed in 2005. Design of the stoage bins will be complated 1st Quarter. 99081 Fayetteville Multi Use Trail Sales Tax Capital Improvements Hatfield, Steve; Petrie, Ron Multi Use Trail along Mud Creek from N. College to Van Asche. The design of the West Mud Creek Trail is complete and construction started this quarter. Complete NORTHWEST PARK DISTRICT Original Amount BALANCE YEAR TO BE SPENT Approved Remaining: PRAB Date Approved Project $0.00 2005 $4,332.00 11/4/2002 $10,00000 Gary Hampton equipment shed $214,80677 2006 $6,000 00 6/7/2004 56,00000 Red Oak Park $228,998.18 2007 $0.00 2008 $443,804.95 Total 2005-2008 $10,33200 Total Approved Expenditures NORTHEAST PARK DISTRICT Original Amount BALANCE YR TO BE SPENT Approved Remaining: PRAB Date Approved Project 2005 $0.00 11/4/2002 & 7/7/03 5130,000.00 Lk Fay. Spillway bridge 2006 $0.00 4/5/2004 $34,00000 Lk Fay. Spillway bridge $28,921.78 2007 $9,118.81 6/30/2004 $110,000.00 Lk Fay. Spillway bridge $000 2008 $28,921.78 TOtal 2005-2008 $9,118.81 Total Approved Expenditures SOUTHWEST PARK DISTRICT Original Amount BALANCE YEAR TO BE SPENT Approved Remaining: PRAB Date Approved Project $0.00 2005 $15,037.50 06/30/04 $16,19000 Wilson basketball court resurfacing $157,68892 2006 $63,635.66 2007 $0.00 2008 $221,324.58 Total 2005-2008 $15,037.50 Total Approved Expenditures SOUTHEAST PARK DISTRICT BALANCE YEAR TO BE SPENT $17,48909 $15,025.03 $42,073.01 $0.00 $74,587.13 2005 2006 2007 2008 Total 2005-2008 Approved Remaining: PRAB Date $000 4/5/2004 $700,00 6/7/2004 $2,651.39 6/7/2004 $35.00000 09/13/04 $38,351.39 Original Amount Approved Project 56,000 00 Bayard 2 picnic tables and grill 51,250 00 Bayard 2 picnic tables and grill $4,000.00 Walker Park mural $35,000.00 Walker Entry Sign Total Approved Expenditures (Number of Plats received in 2004 JANUARY- HMR REVENUE REPORT *Report created at the end of January for the February P.R.A.B. mee 8 • • 2005 January's Revenue: $99, 729.06 Collected by January 20th for December '04 Total Revenue for Fiscal 2005 is $99, 729.06 2005 05 Revenue collected: $3,118.38 After January 20th, 2005 deadline - Prior year Account The Accounting Division's Revenue for the 2005 Fiscal Year from the Actual Money Collected in 2005 is $99,729.06 Total Revenue for 2005 (including Revenue collected after the January 20'h deadline for December 2004 from the Prior Year Account) is $3,118.38 +$99,729.06=$102,847.44 • 2004 • 04 Revenue collected: $37,818.36 After January 20th, 2004 deadline - Prior year Account The Accounting Division's Revenue for the 2004 Fiscal Year from the Actual Money Collected in 2004 is $1,718,500.87 Total Revenue for 2004 (including Revenue collected after the January 20'h deadline for December 2003 from the Prior Year Account) is $37,818.36+$1,718,500.87 =$1,756,319.23 • • 2003 •3 Revenue eolleeted:$30,013.01 After January 20th, 2003 deadline Prior year Aeeount • The Accounting Division's Revenue for the 2003 Fiscal Year from the Actual Money Collected in 2003 is $1,526,498.28 Total Revenue for 2003 (including Revenue collected after the January 20th deadline for December 2002 from the Prior Year Account) is $30,013.01+$1,526,498.28=$1,556,511.29 • 2002 • i7 urvrn..r rnnrrted•eao fla7 AR Aftrr Lannury /nth )nal dradlinr - Prinr yrur trrn..nt • The Accounting Division's Revenue for the 2002 Fiscal Year from the Actual Money Collected in 2002 is $1,439,963.51 Total Revenue for 2002 (including Revenue collected after the January 20th deadline for December 2001 from the Prior Year Account) is $1,439,963.51+$49,047.48=$1,489,010.99 • 2001 • •1 R.,vena., eelket..d: $25,040.02 Aft, . Jarmo.). 20a', 2001 d..adh..e P.:e. yea. Aee..ant • The Accounting Division's Revenue for the 2001 Fiscal Year from the Actual Money Collected in 2001 is $1,291,055.98 Total Revenue for 2001 (including Revenue collected after the January 20th deadline for December 2001 from the Prior Year Account)is $1,291,055.98+$25,040.02=$1,316,096.00 • • 2000 • •0 CV CHUG tulleclul. $23,883.04 Altct January 20a1, 2000 dvadlinc -PINI ycai Acwunt • The Accounting Division's Revenue for the 2000 Fiscal Year from the Actual Money Collected in 2000 is $1,230,429.07 Total Revenue for 2000 (including Revenue collected after the January 20th deadline for December 2000 from the Prior Year Acconnt)is $1,230,429.07+$23,883.04=$1,254,312.11 • • 1999 4109 ttevenue collected: So/1,382.2a Atter January 2u , 1999 deadline - mor year Account • The Accounting Division's Revenue for the 1999 Fiscal Year from the Actual Money Collected in 1999 is $1,148,732.45 Total Revenue for 1999 (including Revenue collected after the January 20`11 deadline for December 1999 from the Prior Year Acconnt)is $1,148,732.45+$21,382.25 $1,170,114.70 • 1998 • 408 Pa^^m•s_ "I" cted• $32,207 5' A" r aha ranuary 20th, 1998 daadti^e Pre- Y^a- Acrengt • The Accounting Division's Revenue for the 1998 Fiscal Year from the Actual Money Collected in 1998 is $1,063,807.24 Total Revenue for 1998 (including Revenue collected after the January 20th deadline for December 1998 from the Prior Year Account) is $1,063,807.24 + $32,207.56 =$1,096,014.80 • • Y 1997 •7 RCYCnuC WIICVLCU. $16,299.70 AfLCI tlIC Jatt. 20th,1997 UCAUbnC- Pt MVI YCa. AttounL • The Accounting Division's Revenue for the 1997 Fiscal Year from the Actual Money Collected in 1997 is $976,539.29 Total Revenue for 1997 (including Revenue collected after January 20th deadline for December 1997 from the Prior Year Account) is $976,539.29 + $16,299.78 = 8992,839.07 HMR Advertising and Promotion: 1% 2130 0912 4101 00 Parks & Recreation Department: 1% 2250 9250 4101 00 Previous years revenue 1997 (will be 1996) 2250 9250 4101 01 Acquisition Development Maintenance When looking on the AS/400: #10 for October is really September's revenue collected by October 20th 1. General Ledger page up for Revenue account and for the Prior Year account January's Restaurants are December's top ten *************************************************************************** *Check grand totals from my report to the system and for each month *My 1996 totals come from 1996 fiscal yr + prior yr 97(which is 96) + January 97 (for *Acct 1996 is from fiscal 1996 account total only *************************************************************************** *My 1997 - subtract January 1997 from the 97 total *Acct 1997 - add Jan through Dec 97 fiscal year *************************************************************************** December's totals)