HomeMy WebLinkAbout66-93 RESOLUTION•
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RESOLUTION NO. 66-93
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A JOINT LEASE AGREEMENT WITH
THE UNIVERSITY OF ARKANSAS WHEREIN THE CITY
LEASES TO THE UNIVERSITY LAND FOR PARKING AND
OTHER PURPOSES IN EXCHANGE FOR THE UNIVERSITY
LEASING LAND TO THE CITY FOR RECREATIONAL
PURPOSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
SW -SI. That the Mayor and City Clerk are hereby authorized to execute a jomt
lease agreement with the Umversity of Arkansas wherein the City leases to the University land
for parking and other purposes m exchange for the University leasing land to the City for
recreational purposes. A copy of the agreement is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this 29th day of June , 1993.
ATTEST:
By:
Ati Thomas, City Clerk
APPROVED:
By:
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FILED FOR RECORD
'93 AUG 'L PIS 12 58
JOINT LEASE AGREEMENTL T'T" cO AR
1. i._ YER
THIS JOINT LEASE AGREEMENT is entered into between the City of Fayetteville,
Arkansas ("the City"), a municipal corporation, and the Board of Trustees of the University
of Arkansas ("the University"), a public institution of higher education of the State of
Arkansas.
WHEREAS, the University owns certain agncultural land located on Mt. Comfort Road in
the City of Fayetteville which is not presently needed for University purposes and which
the City desires to lease for the purpose of establishing recreational fields for outdoor
team sports such as soccer, baseball, and softball, and for other sports or recreational
purposes and parking lots; and
WHEREAS, the City owns certain vacant land near the south entrance to the University
of Arkansas, Fayetteville, campus, which is not presently needed for City purposes and
which the University desires to lease for parking and other University purposes; and
WHEREAS, the University is desirous of having City fire suppression service for the
University's Agricultural Experiment Station property which is adjacent to the City limits,
which the City is willing to provide; and
WHEREAS, it is in the best interest of the public for the City and the University to lease
their respective properties to the other,
NOW THEREFORE, in consideration of the mutual promises of the parties contained
herein, the best interest of the public, and other good and valuable consideration, the
parties agree as follows:
1. The University hereby leases to the City the following described property situated in
Washington County, Arkansas:
The Northwest Quarter (NW/,) of the Northeast Quarter (NE%) of Section
Eight (8) in Township Sixteen (16) North, Range Thirty (30) West of the 5th
Principal Meridian, Tess twelve and one-half (121A) acres of equal width off
of the East side of said 40 acre tract; and Tess and except easements of
record, containing twenty-seven and one half (27'%) acres more or Tess, all
in Washington County, Arkansas.
2. The City hereby leases to the University the following described property situated in
Washington County, Arkansas:
93 43090
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Joint Lease Agreement •
University of Arkansas/City of Fayetteville . ,
Page 2
A tract of land situated in the Northeast Quarter (NE %) of the Northeast
Quarter (NE %) of Section Twenty (20) Township Sixteen (16) North, Range
Thirty (30) West of the 5th Principal Meridian, being more particularly
described as follows, to -wit: Beginning at a point which is 1318.36 feet West
and 266.5 feet South 0 degrees 07 minutes West of the Northeast comer
of the above described quarter quarter, thence East over the centerline of
an existing well 823.36 feet, thence South 0 degrees 07 minutes West
264.52 feet, thence West 823.36 feet, thence North 0 degrees 07 minutes
East 264.52 feet to the point of beginning and containing 5.0 acres, more
or less.
and
A tract of land situated in the Northeast Quarter (NE 14) of the Northeast
Quarter (NE %) of Section Twenty (20) Township Sixteen (16) North, Range
Thirty (30) West of the 5th Principal Meridian, being more particularly
described as follows, to -wit: Beginning at a point which is 12.11 feet
Southof the Northwest corner of said forty, said point is also 10.0 feet North
of the centerline of the St Louis - San Francisco Railroad, thence North 83
degrees 0 minutes East, paralleling said railroad centerline 10,0 feet to the
North, 99.40 feet to the North line of said Northeast Quarter of the
Northeast Quarter, thence East, along said forty line, 725.0 feet, thence
South 266.5 feet, thence West 823.66 feet to the West line of said
Northeast Quarter of the Northeast quarter, thence North, along said forty
line, 254.38 feet, to the point of beginning. Containing 5.02 acres, more or
less.
3. The City agrees to provide fire suppression service to the University's Agricultural
Experiment Station located adjacent to the City limits at no cost to the University, under
the same terms and conditions as fire suppression service is provided to those under
contract service.
4. Neither party may construct any permanent structure on the leased premises without
the pnor written approval of the lessor. Any such permanent structure shall become a
permanent fixture to the land, and become the property of the party/lessor at the end of
the lease term, unless otherwise agreed to in writing prior to construction of the structure.
5. Each party agrees to indemnify and hold the other and its officers, officials, employees,
and agents harmless from any and all liability, including attomey's fees, for claims,
expenses, loss or damage to persons or property, including environmental degradation,
resulting from the negligence of the party; provided however, neither party waives its tort
immunity hereby; and provided further, that all claims against the University shall be
brought in the Arkansas State Claims Commission. Should either party maintain a
93 43091
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Joint Lease Agreement ••
University of Arkansas/City of Fayetteville ,
Page 3
comprehensive general liability insurance policy insunng the described property or
properties, the other party shall be named as an additional insured to the extent of its
interest in the property.
6. The properties which are the subject of this Agreement are exempt from ad valorem
taxation and other assessments. In the event taxes or other assessments are assessed
against a party/lessor as a result of the use of the property by the party/lessee, the
party/lessor shall notify the party/lessee of such assessments. Should the party/lessor
decide to contest the assessment, the party/lessee shall assist the party/lessor in the
legal proceedings and shall be responsible for payment of all costs incurred by the
party/lessor in such proceedings; provided however, neither party shall be responsible for
reimbursing the costs or salary of the staff of the City Attorney or General Counsel for
time expended in contesting the assessment In the event the property is found to be
subject to taxation or assessments, the party/lessee shall reimburse the party/lessor for
such taxes or assessments, interest and/or penalties at least thirty (30) days pnor to the
deadline for payment of such taxes or assessments.
7. At the end of the term of this Agreement or any extension thereto, the parties agree
to surrender possession of the leased premises to the other party, including all permanent
fixtures, without demand.
8. This Agreement shall have a term of approximately Twenty -Five (25) years, beginning
on the date last approved by the governing bodies of the City and the University, and
ending on June 30, 2018.
9. This Agreement may be renewed and extended for additional terms of years upon the
mutual agreement of the parties.
IN WITNESS WHEREOF, the parties set their hands by their respective duly authorized
representatives.
CITY OF FAYETTEVILLE:
App=d by Resolution adopted by the Fayetteville City Council on the029 day of
1993.
D
HANNA, A, MAYOR
ATTEST:
93 43092
Joint Lease Agreement
University of Arkansas/City of Fayetteville.
Page 4
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS:
Approved by Resolution adopted by the Board of Trustees of the University of Arkansas
on the 30th.ltta oy Apri1 1993.
H.L. HEMBREE, CHAIRMAN
ATTEST:
.4./d//
CARL WHILLOCK, SECRETARY
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF WASHINGTON )
On this nit day of 1993, before me, a Notary Public, duly
commissioned and acting in an or th State and County aforesaid, personally appeared
FRED HANNA and SHERRY THOMAS, to me well known, who stated that they were the
Mayor and Clerk, respectively of the City of Fayetteville, Arkansas, and have been
authonzed by lawful resolution of the Fayetteville City Council to execute contracts on
behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had
executed the foregoing Joint Lease Agreement for the consideration, uses and purposes
stated therein.
IN WITNESS WHEREOF, I hereunto set my hand and seal this net day of
1993.
My commission expires: to - er '2 0042
93 43093
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Joint Lease Agreement
University of Arkansas/City of Fayetteville.
Page 5
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ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF SEBASTIAN)
On this a33 day of 4.3- , 1993, before me, a Notary Public, duly
commissioned and acting in and for for th tate and County aforesaid, personally appeared
H L HEMBREE, to me well known, who stated that he was the Chairman of the Board
of Trustees of the University of Arkansas, and had been authorized by lawful resolution
of the Board of Trustees of the University of Arkansas to execute contracts on behalf of
the University of Arkansas, and that he acknowledged that he had executed the foregoing
Joint Lease Agreement for the consideration, uses and purposes stated therein.
IN WITNESS WHEREOF, I hereunto set my hand and seal thisa3 —day of
1993.
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A MM ygoo rnissio expires: 1I i /95
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
SS.
COUNTY OF PULASKI )
On this 47- day of 1993, before me, a Notary Public, duly
commissioned and acting in an r th State and County aforesaid, personally appeared
CARL WHILLOCK, to me well known, who stated that he was the Secretary of the Board
of Trustees of the University of Arkansas, and had been authorized by lawful resolution
of the Board of Trustees of the University of Arkansas to execute contracts on behalf of
the University of Arkansas, and that he acknowledged that he had executed the foregoing
Joint Lease Agreement for the consideration, uses and purposes stated therein.
93 43094
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Joint Lease Agreement
University of Arkansas/City of Fayetteville.
Page 6
IN WITNESS WHEREOF, I hereunto set my hand and seal this
1993.
0'
My commission expires:
day of
/90/
NotOry Public
93 43095
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zsti.„ ce
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1, Mtm Kammer, Circuit Clerk and
Ex-ORlda Recorder for Wash:notnn Count
/Mkatra, de hereby certify !hat this in-
nt was filed for record in my offire
es irdlaaled hereon and the somo is nip
duly recorded with ibe acknowledgeme
ad certificate ter^neon In Record Book u.,
Pape as indica:cd thereon.
IN WITNESS WIC7 ECF, I have hereon%
tet my hand and affixed th_ caul of sol:
Court on the date Indicated hereon.
Mma Kollmoyor
Circuit Clerk and
Ex -officio Recorder
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UNIVERSITY OF ARKANSAS
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OFFICE OF THE GENERAL COUNSEL
421 Adminimotlon Building
Fayetteville, Arkansas 72701
August 27, 1993
Ms. Sherry L. Thomas, Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Telephone (501) 575-5401
FAX (501) 575-5046
Re: Joint Lease Agreement between City of Fayetteville and Board of Trustees of the
University of Arkansas
Dear Ms. Thomas:
Enclosed is a copy of the Joint Lease Agreement between the City of Fayetteville and the
Board of Trustees of the University of Arkansas which has been filed and recorded by the
Washington County Circuit Clerk. The University has submitted the agreement to State
Building Services for approval as required. I will send a copy showing SBS's approval to
you when it returns copies to the University.
Please call me if you have any questions.
Sincerely,
Pckveo
Ginger P. Cnsp
Associate General Counsel
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Enclosure
University of Arkansas, Fayetteville University of Arkansas of Little Rock University of Arkansas of Pine Bluff
University of Arkansas for Medical Sciences University of Arkansas of Monticello
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UNIVERSITY OF ARKANSAS
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OFFICE OF THE GENERAL COUNSEL
421 Adminimofion building Telephone (501) 575-5401
Fayetteville, Arkansas 72701 FAX (501) 575.5046
July 2, 1993
Ms. LaGayle McCarty
Fayetteville Assistant City Attorney
113 W. Mountain Street
Fayetteville, Arkansas 72701
Re: Joint Lease Agreement Between the City of Fayetteville and the University of
Arkansas
Dear Ms. McCarty:
Enclosed are two originals of the Joint Lease Agreement between the City of Fayetteville
and the Board of Trustees of the University of Arkansas which was approved by the
Board of Trustees at their April 30, 1993, Board meeting, and the Fayetteville City Council
on June 29, 1993. Since Jerry Rose is on vacation, Ginger Crisp asked me to send the
originals of the Lease Agreement to you to obtain the Mayor and City Clerk's signatures.
After they have been signed, would you please retum them to me and I will obtain the
signatures of the appropriate University Trustees and return a fully signed onginal to you.
Thank you for your assistance.
Sincerely,
Ann
Ann Moumeourne 7.14A",
Legal Assistant
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Enclosures
cc Mr. Fred H. Harrison, General Counsel
Ms. Earlene Baker, Assistant to the Vice Chancellor for Finance and
Administration, UAF
University of Arkansas, Fayetteville University of Arkansas at Little Rock University of Arkansas at Pine Bluff
University of Arkansas for Medical Sciences University of Arkansas of Monticello
'Ai'L'1 F VILLE•
THE CITY OF FAYETTEVIIIE, ARKANSAS
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SHERRY L. THOMAS. CITY CLERK
July 19, 1993
Ms. Ginger Crisp
Office of the General Counsel
University of Arkansas
421 Administration Building
Fayetteville, AR 72701
Dear Ms. Crisp:
Enclosed are two originals of the Joint Lease Agreement between the
City of Fayetteville and the Board of Trustees of the University of
Arkansas which was approved by the City Council on June 29, 1993.
The agreements have been executed by both the Mayor and myself:
After they have been signed by the U of A Trustees, please return
one of the copies to this office.
Thanks your for your help.
Sincerely,
Sherry L. Thomas
City Clerk
Enclosures
113 WEST MOUNTAIN 72701 301 575-5323
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