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HomeMy WebLinkAbout93-89 RESOLUTION• C • RESOLUTION NO. • • • :A 93-89 • f • A RESOLUTION AUTHORIZING APPROVAL OF AN OPTION AND RIGHT TO EXCHANGE AGREEMENT WITH THE FAYETTEVILLE DEVELOPMENT FOUNDATION TO PURCHASE LAND IN THE INDUSTRIAL PARK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Fayetteville Development Foundation to allow the City to purchase land in the Industrial Park. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of September ••••• • APPROVED By: l,41[7:0 17/ Mayor , 1989. 44r t y � fff " _ •c M. n � °Ire ,Ll • • • • • • • OPTION AND RIGHT TO EXCHANGE AGREEMENT MICRO IN CONSIDERATION- of One Dollar and other good and valuable consideration, receipt. of which is hereby .acknowledged, the Fayetteville Development Foundation, herein called Foundation, grants to the City of Fayetteville, Arkansas herein called City, the option to purchase the following described real property subject to the terms and conditions set forth herein: Unit 2: Lot 1114 37.10 37.10 Unit 3: Lot 1110 Lot 1111 Lot 1113 Unit 4: Lot 113 Lot 114 Lot 115 Lot 116 Lot 117 14.90 6.50 21.60 43.00 11.80 11.10 4.20 1.00 12.70 40.80 Total 120.90 The three units constitute parcels of land currently owned by the Foundation is what is commonly known as Industrial Park west and Fayetteville Industrial Park or Industrial Park. The City may exercise this option at any time before August 1, 1992 by written notice to the Foundation delivered personally or mailed to the Foundation at P.O Box 4216 Fayetteville, AR 72702 The option purchase price of Units 2, 3, and 4 will be $18,100.00 per acre. The Foundation agrees that this OPTION AGREEMENT is exclusive and that the land contained herein may not be sold or conveyed in any manner during the term of this option agreement without the express written consent of the City. The City agrees that this OPTION AGREEMENT or any part thereof is not assignable to any third party(s) without the express written consent•of the Foundation. -- - 1 3 The City upon exercising their option by the aforementioned written notice shall pay for the property at closing the total payment in the amount. of said exact option purchase price. The closing dateis designated to be thirty (30) days after the City exercises their option by, the aforementioned written notice. If such date of closing falls ton a weekendion holiday, it will be held the following working day. The place of closing will be in the office of the City Attorney, City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. EXHIBIT A The City specifically reserves the right to cancel their exercise of the option to purchase at any time prior to closing without penalty of any kind and without effect upon this agreement. Conveyance will be made to the City 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 Seller. Foundation shall furnish, at the City's cost a policy of title insurance in the amount of the purchase price. Taxes and be paid by the taxes, special as of closing. special assessments due ori or before closing shall seller. Insurance, general taxes, ad valorem assessments and rental payments shall be prorated Possession of the property shall be delivered to the the City on the date of closing. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Foundation. This OPTION AGREEMENT shall be governed by the laws of the State of Arkansas. The City at all times during the term of this OPTION AGREEMENT shall have the right to exchange acreage the City owns in the Industrial Park of usable industrial land for acreage the Foundation owns in the Industrial Park of usable industrial land on an acre for acre basis. The City and the Foundation agree to draft and/or execute all documents necessary for such an exchange upon reasonable notice. This OPTION AGREEMENT, when executed by both the City and Foundation shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supercede 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. Date: 9=22-89 Jo Ed yettev if e Development rhairman Foundation Date: 9-22789 ,&/; r 70 i�' /4a:l_ 79 L City of Fayett elle, Ark sok • OFFER AND ACCEPTANCE CONTRACT 1 Buyer, the City of Fayetteville, offers to buy, subject to the terms and conditions set forth herein, the following described property: Unit 1: Lot "A" Lot "S" Lot ##2 Lot #1 10.59 11.36 9.60 11.10 42.65 110 2. Purchase Price: subject to' the following conditions the Buyer shall pay for the property at closing the 4total and cash payment of $500,000.00 cash. 3. Conveyance,will be made to Buyer '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 Seller. 4. Seller shall furnish, at Buyer's cost a policy of title insurance in the amount of the purchase price. 5. Taxes and special assessments due on or before closing shall be paid by the seller. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. 6. The closing date is designated to be thirty (30) days after acceptance of this offer by the Seller. If such date of closing falls on a weekend or holiday, it will be held the following working day. The place of closing will be in the office of the City Attorney, City Administration Building, 113 West Mountain, Fayetteville, Arkansas. 7. Possession of the property shall be delivered to the Buyer on the date of closing. 8. All fixtures, improvements and attached equipment are included in the purchase price. 9 Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 10. This AGREEMENT shall be governed by the laws of the State of Arkansas. 11. This AGREEMENT, when executed by both Buyer and Seller shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supercede 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. 12. This contract expires, if not accepted, on or before the 1st day of November , 1989. 13. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE CITY OF FAYETTEVILLE'S BOARD OF DIRECTORS APPROVAL OF THIS OFFER OF PURCHASE AND THAT THE FAILURE OF THE BOARD TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID. • • • • /fag Chairman Fayetteville nevelnpmnnt FnnnAatinn SELLER / / 62 City of Fayetteville BUYER 9-22-89 Date 9-22-89 Date • e '1T 1 EVIL LJm4 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE 3"Ff 12.01 TO: THRU: FROM: DATE: SUBJECT: Fayetteville City Board of Directors James L. Pennington, City Manager Scott C. Linebaugh, Assistant City Manager September 7, 1989 Industrial Park Purchase According to our plan presented in November 1988 with the 1989 Budget for Economic Development, we have arranged to purchase all of the parcels of land in the Industrial Park owned by the Fayetteville Development Foundation. After purchase of this property, the City will own and market the entire Industrial Park instead of "bits and pieces." This is a important step in our industrial development program We will be taking away the primary responsibility of marketing the Industrial Park from the Fayetteville Development Foundation and placing it with our Economic Development Coordinator, Richard Shewmaker. The City Economic Development program will continue its marketing efforts in cooperation with the Fayetteville Chamber of Commerce. Attached, you will find the first draft of the agreement between the City of Fayetteville and the Fayetteville Development Foundation. The final draft should not have any major changes and should be handed out in the next regular Agenda Meeting. The agreement reached, allows the City to purchase all parcels of land in the Industrial Park (Industrial Park West, and Fayetteville Industrial Park) currently owned by the Foundation over a period of four (4) years. This year, we will pay $500,000 and will purchase Unit #1. Over the remaining four years, the City will purchase Units #2, #3 and #4 as shown on the attached schedule. The total price for all parcels is $2.2 million, plus interest from the date of the agreement until the date of purchase by the City. This comes to approximately $730,000 per unit. 12.02 Page 2 Industrial Park Purchase One key feature of the agreement, the City at all times has the right to exchange acreage on an acre -for -acre basis which it owns in the Park for acreage the Fayetteville Development Foundation owns. The City will also have an exclusive option to buy all or part of the land over the four year period. In other words, the Fayetteville Development Foundation cannot sell any of the land to any other party except the City of Fayetteville. Attached also for your review, is a map which shows the parcels owned by the Industrial Park which will correspond to Schedule 1 on the total acreage. Should you have any questions concerning this arrangement, I will be happy to answer them at any time. SCL/kaf attachments • 000 STORES AST 5'^ STREE CITY OF FAVETTEVILL A A \ 12.05 PACK SPEC., BRRpO ENGINEERING CO., INC. GREEN BABE RUTH LERO 1 BASEBALL FIELD PUMP STATIO COMBS EMETERT CITY OF FAYETTEVILLE 15.3 AC 0 NARSHALLTOWN WARREN TOOLS, INC. TOOLS CORP. AMERICAN AIR FILTER FIBER CLASS PLANT LIURLIN GTO """'NORTHER RAILROAD 0 ARMSTRONG BROS. TOOL Co. . ua 1 L..t.Q.� ANDREW CORPORATION LL INDUSTRIAL PARK WEST FAYETTEVILLE INDUSTRIAL PARK Fayetteville Development Foundation City of Fayetteville, Arkansas • • 24. \1211NDY.R, SPIKE' • CM 6cC:7. Et. 7I(.4,723corl N_/2777. 9 2s -4t.2. 8/ PLAT or sUKVEY 12.06 roK FAYETrEVILLE. PEVELorMEN F4UNDA?loLJ WgTNWCST E1rI611NEgRS IIJ[. -P•O.Cos 1113 - 505 W 4.4•7 ST• FAY.ETTEVILLE ,ARKANSAS 72701 "Malt:'Ib NOG,. 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FAYETTEVILLE INDUSTRIAL DEVELOPMENT CORPORATION TO THE CITY OF FAYETTEVILLE, ARKANSAS A part of Section 26, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Beginning at a point which is South 2667.82 feet and East 1282.35 feet from the Northwest corner of said Section 26, said point being on the West right -of -Way of Black Oak Road; thence following said right-of-way S 01° 17' W 212.42 feet; thence southeasterly along a circular curve with a cord length of 193.40 feet and a radius of 694.81; thence 5 14° 43' E 406.52 feet; thence southeasterly along a circular curve with a cord length of 13.28 feet and a radius of 278.73 feet; thence leaving said right-of-way S 89° 36' W 151.51 feet; thence 5 0° 06' 13" W 179.66 feet; thence N 88° 43' W 452.16 feet; thence N 0° 33' E 990.32 feet; thence S 88° 52' E 469.65 feet to the point of beginning and containing 11.36 acres more or less. This legal description prepared by McClelland Consulting Engineers, Inc., August 25, 1989. 12.08