HomeMy WebLinkAbout66-99 RESOLUTIONr
RESOLUTION NO 6 6- 9 9
A RESOLUTION AUTHORIZING STAFF TO EXERCISE THE
CITY'S OPTION TO PURCHASE 316.5 ACRES OF LAND AS
SPECIFIED IN RESOLUTION NO. 163-98, IN THE AMOUNT OF
$3,007,000, FOR THE PURPOSE OF CONSTRUCTING A NEW
SEWAGE TREATMENT PLANT; APPROVING A $43,000
EXPENDITURE FOR MISCELLANEOUS COSTS FOR
SURVEYS, CLOSING COSTS AND OTHER COSTS
ASSOCIATED WITH THE PURCHASE OF SAID LAND; AND
APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT
OF $410,000.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby authorizes staff to exercise the City's option to
purchase 100 acres owned by James McClelland, Jr., et al, in the amount of $1,040,000. A copy
of the Option to Purchase Real Estate Agreement is attached hereto marked Exhibit "A" and made
a part hereof.
Section 2 The City Council hereby authorizes staff to exercise the City's option to
purchase 100 acres owned by H.M. and Norma Lee Shipp, in the amount of $1,000,000. A copy
of the Option to Purchase Real Estate Agreement is attached hereto marked Exhibit "B" and made
a part hereof.
Section 3. The City Council hereby authorizes staff to exercise the City's option to
purchase 116.5 acres owned by Broyles Farm Corp, et al, in the amount of $967,000. A copy of the
Option to Purchase Real Estate Agreement is attached hereto marked Exhibit "C" and made a part
hereof.
Section 4. The City Council hereby approves the expenditure of $43,000 in
miscellaneous costs for surveys, closing costs, and other costs associated with the purchase of said
lands.
Section 5 The City Council hereby approves a budget adjustment in the amount of
$410,000 increasing Land Acquisition, Acct. No. 5400 5800 5805 00 Project No. 98105 30 by
decreasing Use of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment
is attached hereto marked Exhibit "D" and made a part hereof.
PASSED AND APPROVED this Ad± day of May , 1999.
APPROVE
By.
ATTES
By
Heather Woodruff, Citfl°ferk
Fred Hanna, Mayor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
From: Don Bunn, Assistant Public Works Director
Subject: W & S Committee Recommendation, Land Purchase
April 20, 1999
The Water and Sewer Committee of the Fayetteville City Council met on Tuesday, April 13.
The Committee received a report from CH2M Hill on the status of the application for sewer
discharge permits on White River and on Goose Creek/Illinois River. The Committee also
discussed the purchase of 316 acres of land on the west side of Fayetteville for the purpose
of constructing a sewage treatment plant. The City currently owns purchase options on the
property.
CH2M Hill reported that they are currently working on the various water quality modeling
runs on each stream which will be necessary for the permit application. A final permit
application is expected to be presented to the Department of Environmental Quality by
September 1 of this year. We would expect a permit to be issued 6 months to one year after
submittal.
The Committee voted unanimously to recommend to the full Council that the City exercise
its purchase options on three tracts of land on the west side of Fayetteville. The land would
be utilized for the construction of a new sewage treatment facility. This is a summary of the
option cost and the purchase costs of the land:
Tract No. Ownership
1 McClelland
2 Shipp
3 Broyles Farm 116.5
Total Cost
Acreage
100.0
100.0
Option Price*
$ 31,200
30,000
29,010
Purchase Price
$ 1,040,000
1,000,000
967,000
$ 3,007,000
In addition to the option costs as noted above, the Council previously approved the outright
purchase of the Hammond property (3.5 acres and improvements) at a cost of
$120,000.00. Attached is a copy of a Budget Adjustment which provides for funding of the
purchase. The Budget Adjustment is for a total of $3,100,000 which covers the purchase
price and the miscellaneous costs associated with closing, including land surveys.
* Options were approved in December, 1998. The option price does not go toward the
purchase price.
The purchase options expire on June 22, 1999. The City has the right to extend purchases
options for an additional 6 months at a total cost of $60,000.00.
In addition, the Water and Sewer Committee approved the drafting of a resolution which
would express the City's commitment to have the new plant and the renovated plant
designed and operated in such a manner to minimize the production and dissemination of
odor. A copy of that resolution is attached.
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1999
Department: Public Works
Division: Water & Sewer
Program: WWTP Capital
Date Requested
04/20/99
Adjustment #
Project or Item Requested:
Additional funding is requested to purchase land for the
Wastewater Treatment Plant Expansion project.
Project or Item Deleted:
None. Use of fund balance is proposed for this adjustment.
Justification of this Increase:
The cost of acquiring the needed land is in excess of the
funding budgeted.
Justification of this Decrease:
Sufficient cash & investments exist in the Water & Sewer Fund to
fund this request, meet budgeted expenses and comply with City
policy.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Land Acquisistion
410,000 5400 5800
5805 00 98105 30
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Use of Fund Balance 410,000
5400 0940 4999 99
Requested By
Approval Signatures
Manager
Department Director
Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
E
Blue Copy: Budget & Research / Yellow Copy: Requeste C:WPN99BUDGE/\WWTPBA.WK4
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44
RESOLUTION NO.
A RESOLUTION ESTABLISHING ODOR ABATEMENT AND
CONTROL AS A PRIORITY IN THE DESIGN AND
OPERATION OF THE CITY'S SEWAGE FACILITIES
WHEREAS, the City of Fayetteville has caused to be completed in February, 1997, a
Wastewater Treatment Facility Plan in which the recommendation is for the placement of a new
plant on the west side of the City and upgrade of the existing plant on the east side of the City;
and,
WHEREAS, since that time, the City has investigated sites and is in the process of
acquiring property on which to locate the wastewater treatment plant on the west side of
Fayetteville; and
WHEREAS, the citizens located in the vicinity of the proposed plant have expressed
concern about odors being produced at the proposed plant; and
WHEREAS, technology exists that will allow abatement or elimination of any odors that
might be emitted from the plant; and
WHEREAS, it is the goal and objective of the City of Fayetteville to construct a
wastewater treatment plant on the west side and to upgrade the existing facility to prevent any
odors from occurring.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That odor abatement and control will be a priority in the design and
operation of the new sewage facility on the west side of the City and at the renovated Noland
Plant on the east side of the City.
Section 7. That the contract between the engineering firm or firms and the City to
develop detailed plans and specifications will include specific language directing the engineering
firm(s) to consider odor control during the design process, including the Arkansas Department
of Environmental Quality odor emission requirements.
Section ?, That the facilities to be considered for odor control are to include, but not
be limited to, the treatment plant and all unit processes, interceptors and outfall lines, sewage
pump stations, and sludge treatment and disposal.
Section 4. That odor control be included as a separate consideration chapter in the
O&M Manuals developed for the new and renovated plants.
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Section ¶ That specific actions to be considered shall include, but not be limited to:
a. Enclosure of the headworks to the plants.
b. Enclosure of certain unit processes.
c. Study of the revised sewer system to determine if odor control should be
addressed at certain pump stations.
d. Development of operations and maintenance procedures designed to minimize
odors.
e. Inclusion of a paragraph on odor control in our operations contract with OMI.
PASSED AND APPROVED this day of , 1999.
ATTEST:
By:
Heather Woodruff, City Clerk
APPROVED:
By:
Fred Hanna, Mayor
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LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this 1st day of February, 1999, in the City
of Fayetteville, Arkansas, by and between the City of Fayetteville, hereinafter referred to as LESSOR,
and Wanda Sue Hammond, surviving spouse of Calvin R. Hammond, hereinafter referred to as
LESSEE.
WITNESSETH
That the Lessor, for the considerations and upon the conditions herein set forth, does hereby
let, lease, and demise to the Lessee on a month to month basis for a term commencing on the 1st
day of February, 1999, and ending on the 31st day of January, 2000, the following property located
in the County of Washington, State of Arkansas, to -wit:
Residence located at 696 South Broyles Avenue, Fayetteville, AR 72701, the same to
be used as a private residence.
1. Lessee agrees to pay and Lessor agrees to accept as rent for said premises the sum
of $100.00 per month during the term of this lease, payable in advance on the first day of each
month beginning February, 1999 In the event the rent is not made on or before the first, a $1.00
per day "bookkeeping charge" will be assessed in addition to the normal rent.
2. Lessee agrees to lease said property at a caretaker rate and agrees to provide the
following services for such rate; Lawn care and maintenance, minor repairs and maintenance, and
general supervision over the 3.5 acres of property owned by the City of Fayetteville at this location
3. Lessee shall give a written 30 -day effective notification of the intent to vacate the leased
premises. This notice must be given to the Lessor on or before the first day of the month at the end
of which the Lessee intends to vacate.
4. Lessee shall take good care of the leased premises, fixtures, and appurtenances
thereto, and suffer no waste or injury, make all repairs to the leased premises, fixtures, and
appurtenances thereto necessitated by the fault of the Lessee, her family, guests, invitee, or
servants; save harmless the Lessor, its successors, and/or assigns from any liability arising from
injury to person or property caused by act or omission of the Lessee, her family, guests, invitee, or
servants, repair at or before the end of the term at the expense of Lessee all injury or damage done
by the installation or removal of furniture and/or other personal property; and at the end of the term,
to surrender the leased premises in a good, clean, and orderly condition. Lessee by these presents,
does hereby accept the leased premises a being in a good, clean, and orderly condition.
5. All improvements made by the Lessee to the leased premises, which are so attached
to the freehold that they cannot be removed without permanent injury to the premises, shall become
the property of the Lessor.
6. Lessor shall be permitted at any time during the term of this lease to examine the
leased premises at any reasonable hour, and workman may enter at any time when authorized by
the Lessor and the Lessee to facilitate repairs in any part of the dwelling, and if the Lessee shall not
be personally present to permit any such permissible entry into the premises, the Lessor may enter
s
Lease Agreement- continued
the same by a master key, without being liable in damages or loss therefore and without affecting
the obligations of the Lessee hereunder.
7. It shall be the responsibility of the Lessee to provide utility services for said dwelling.
8. It is agreed that should said premises or any substantial part thereof be rendered unfit
for occupancy by Lessee by reason of unavoidable casualty, the Lessor shall have the option to
restore said premises or to terminate this lease at once without being required either alone or
through insurance to restore the same.
9. This lease agreement shall bind the parties hereto, their respective heirs, executors,
administrators, successors, or assigns.
10. Neither party has made any representation or promise, except as referred to herein, or
in such further writing signed by the party making such representation or promise.
11. In the event that Lessee breaches the terms and conditions set forth herein and Lessor
is required to take legal action as a result thereof, Lessee hereby agrees to compensate Lessor for
all reasonable legal fees and other reasonable costs and expenses incurred as a result of the breach.
WE STRONGLY URGE LESSEE TO OBTAIN INSURANCE ON PERSONAL PROPERTY,
THE CITY OF FAYETTEVILLE'S INSURANCE DOES NOT COVER LESSEE FOR ANY LOSS
WHETHER IT BE FROM FIRE, THEFT, ACT OF GOD, OR BY ANY OTHER MEANS
WHATSOEVER.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and
year written above.
Wanda Sue Ha ond, Lessee
City of Fayetteville, Lessor
Fred Hanna, Mayor
hi,/, -‘ Aare
eather Woodruff, City Cle
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RESOLUTION NO 16 3-9 8
A RESOLUTION APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE OPTIONS TO
PURCHASE LAND AND AN OFFER AND ACCEPTANCE TO
PURCHASE LAND LOCATED BETWEEN WASHINGTON
COUNTY ROADS #648 AND #649, SOUTH OF HIGHWAY 16
WEST AND NORTH OF HIGHWAY 62 BELONGING TO JAMES
E MCCLELLAND, JR., ET AL; H.M. AND NORMA LEE SHIPP;
BROYLES FARM CORP.; AND CALVIN AND WANDA SUE
HAMMOND; AUTHORIZING THE CLOSING COSTS FOR
LAND ACQUISITION; AND APPROVING A BUDGET
ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby approves and authorizes the Mayor and City
Clerk to execute Options to Purchase and an Offer and Acceptance to purchase land located between
Washington County Roads #648 and #649, South of Highway 16 West and North of Highway 62
belonging to James E. McClelland, Jr., et al; H.M. and Norma Lee Shipp; Broyles Farm Corp.; and
Calvin and Wanda Sue Hammond; and authorizing the closing costs for land acquisitions Copies
of the Options to Purchase and the Offer and Acceptance are attached hereto and made a part hereof.
Section 7. The City Council also approves a budget in the amount of $285,000 increasing
Sewer Improvements, Acct. No. 5400 5700 5815 00, Project Number 98105 30 by decreasing Use
of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment is attached hereto
and made a part hereof.
PASSED AND APPROVED this /S day of fig, 1998.
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ATTEST:%
By: /Jt/n/
Heather Woodruff, City Clerk
APPROVED:
By.
red Hanna, Mayor
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City of Fayetteville, Arkansas
Budget Adjustment Form
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Budget Year
1998
Department: Public Works
Division: Water & Sewer
Program: Sewer Mains Capital
Date Requested
12/15/98
Adjustment #
Project or Item Requested:
Funding is requested for land purchase/ option cost for
wastewater treatment plant expansion project.
Project or Item Deleted:
none. Use of fund balance is proposed for this adjustment.
Justification of this Increase:
The land purchase options are before City Council for
approval.
Justification of this Decrease:
Sufficient cash & investments exist to fund this request.
Increase Expen e (Decrease Revenue)
Account Name Amount Account Number Project Number
Sewer Improvements
285,000 5400 5700
5815 00 98105 30
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Use of Fund Balance 285,000
5400 0940 4999 99
Approval Signatures
Re ested By Date
Budget ordinator Date
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Department Director Date
Admin Services D'rector
M
Date
r
Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
E
Blue Copy: Budget & Research / Yellow Copy: Requester C.AAPP\98BUD\BAAD.AWWTP EXP.WK4
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FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
November 3, 1998
James E. and Patricia F. McClelland Jr.,
Raymond K. McClelland,
Linda M. and Joseph S. Rogers
James E. McClelland Jr.
900 West Markham Road
Little Rock, AR 72201-1999
RE:
Dear Jim and Family Members:
McClelland Property
Pt. NE3/4-14-16-31
Land Acquisition, Tract No. 3
Revised Offer
The City of Fayetteville has received a counter offer from James E. McClelland Jr. dated
October 29, 1998 relative to the subject property. This counter offer was in response to the
City's original offer dated October 23, 1998. The following outlines the change requested in
the above mentioned counter offer with reference to the original Offer and Acceptance
Contract:
2. Change purchase price to *10,400 per acre or $1,040,000 for the 100 acre tract as per
telephone conversation of 11-03-98. Please keep in mind that this offer is contingent
upon Fayetteville City Council approval.
5. Seller shall approve title insurance company/abstract company. The City is in agreement
with this statement. FYI; Bronson Abstract and Title Company has given us a quote of
$2.225/51,000 purchase for purchases in the range of 51.0 MM. Accordingly, the cost
of title insurance through Bronson would be $2,314.
6. Seller will provide boundary survey of property by McClelland Consulting Engineers, Inc.
The City concurs; survey will include boundary staking, adjoining roadways, all
easements and rights of way. The City would like for McClelland Consulting Engineers
to conduct boundary surveys on the other properties (3 parcels) in the area being
purchased, however, such additional survey work can not be part of this contract and
regulations require that this be done in accordance with normal engineering and survey
service selection procedures.
8. Closing date to be 75 days after approval (Fayetteville City Council) of offer. Propose
that closing date be left flexible but should conclude on or before 75 days after approval.
10. Indemnification and Hold Harmless clause relating to City inspections: City is in
agreement.
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
McClelland Property
November 3, 1998
Revised Offer Letter
Page 2
Add 18.
Add 19.
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(Added as 17) In the event this property is developed into a golf course, the name
of the course will include the family name "McClellandand approved by the
McClelland Family. The City agrees, however, such is subject to council approval.
(Added as 18) Mutual Cooperation Relating to Like -Kind Exchange: The City will
enter into an appropriate agreement with an intermediary which will allow for the
1031 like -kind exchange by Seller of this property. [It should be understood,
however, that the City shall not be liable for any cost or expenses incurred by the
Seller in case this Offer and Acceptance Contract is not approved by the
Fayetteville City Council. We hope to submit the entire package (4 parcels) for
council approval by the 17th of November.]
Add 19. City Council Approval Clause: Moved from 17 to 19.
Please find enclosed two originals of a proposed revised (11-2-98) Offer and Acceptance
Contract which sets forth the terms and conditions for implementation of this acquisition. This
revision incorporates the points you requested, either directly or modified in accordance with
the above discussion. As of this date, we are close to reaching final agreement between the
parties for the purchase of all four parcels. We expect to have such final agreement by the end
of this week. Once we receive signed contracts, we will submit for council approval at their
next public meeting.
We would like to encourage you to discuss this proposed contract with the other
members of the McClelland family who will be party to this transaction and obtain their
agreement and signatures as soon as possible. Signatures of spouses are also required. IRS
requires that the City maintain a signed Vendor Form in our files even though a 1031 exchange
is implemented through an intermediary. Please return the included form with the information
that has been noted (X).
We would be pleased to meet with you at your convenience and discuss any and all
aspects of this proposed contract. Please contact myself at 575-8330 or Ed Connell at 444-
3415 if you have questions or if we need to arrange for a meeting.
Sincerely yours,
Donald R. Bunn
Assistant Public Works Director
Enclosures
cc: Charles Venable, Public Works Director
Ed Connell, City Land Agent
DRB/edc
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OFFER AND ACCEPTANCE CONTRACT
Preparation Data: 11-3-98
1 The City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred
to as the Buyer, offers to buy, subject to the terms and conditions set forth
herein, the following described property.
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the
property at closing, the total and cash payment of One Million Forty Thousand
Dollars ($1,040,000.00).
3. Contingent Earnest Money Deposit: The Buyer shall, within two weeks of
receipt of this fully executed Contract, tender a check for $10,000.00 to James
E. McClelland Jr. and Patricia F. McClelland, husband and wife, Linda M.
Rogers and Joseph S. Rogers, wife and husband, and Raymond K.
McClelland, a single person , hereinafter referred to as the Seller, as earnest
money, which shall apply on the purchase price. This offer of purchase is
contingent upon approval of the City Council of the City of Fayetteville, Arkansas,
and, if they do not so approve, the earnest money deposit will be returned to the
Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill
any obligations under this contract, the earnest money shall be promptly refunded
to the Buyer. If the Buyer fails to fulfill his obligations under this contract or after
all conditions have been met, the Buyer fails to close this transaction, the earnest
money may, at the option of the Seller, become liquidated damages to the Seller.
Alternatively, the Seller may assert legal or equitable rights which it may have
because of breach of this contract. Seller, at Seller's option, may instruct
Buyer to retain such Earnest Money Deposit until closing or have said
Earnest Money Deposit delivered to a Section 1031 Intermediary for
exchange purposes.
4. Conveyance will be made to the 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 the Seller.
5. The Seller shall furnish a policy of title insurance in the amount of the purchase
price from a title insurance company as selected by the Buyer. Buyer and Seller
shall equally share in the cost of such title insurance policy.
6. Seller will provide a boundary survey of said property by McClelland Consulting
Engineers, Inc. at Sellers cost. Seller agrees to cure any title problems which may
result from any differences between the recorded legal descriptions of the
property and the survey description. Said title problems, if any, must be solved
prior to closing to the satisfaction of the Buyer and title insurance provider.
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OFFER AND ACCEPTANCE CONTRACT
Page 2 of 5
Prep. Date: 11-3-98
7. 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.
8. The closing date shall be determined by mutual consent, but not longer than
seventy five (75) days after approval of this offer by the Fayetteville City
Council. If such date of closing falls on a weekend or holiday, it will be held the
following working day.
9. Possession of the property shall be delivered to the Buyer on the date of closing.
10. Seller hereby grants permission for the Buyer or its employees or designates to
enter the above described property and improvements for the purpose of inspec-
tion and/or surveying. )3uver shall indemnify and hold Seller harmless of anv
damages caused by foregoi g inspections and this covenant shall survive anv
termination of this Offer and Acceptance Contract.
11. All fixtures, improvements and attached equipment are included in the purchase
price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to
the time of closing is assumed by the Seller.
13. Seller shall disclose to Buyer any and all environmental hazards of which Seller
has actual knowledge.
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the Buyer and the Seller shall contain the
entire understanding and agreement of the parties with respect to the matters
referred to herein and shall supersede all price or contemporaneous agreements,
representations and understanding with respect to such matters, and no oral
representations or statements shall be considered a part hereof.
16. This contract expires, if not accepted on or before the 15th day of November
, 1998.
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OFFER AND ACCEPTANCE CONTRACT
Page 3 of 5
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Prep. Date: 11-3-98
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17. In the event the subject Property is developed into a golf course. the name of the
course will include the _family name "McClelland". An example and suggested
name is "McClelland highlands Golf Course' The name to be approved by the
JVIcClelland Family.
18. MUTUAL COOPERATION RELATING TO LIKE -KIND EXCHANGE: Seller will
pay cost relating to a 1031 exchange. Each party agrees to take any and all
reasonable actions requested by the other party to assist in effectuating a like -
kind exchange involving the Property pursuant to Section 1031 of the Internal
Revenue Code of 1986, as amended (the Code), including, without limitation,
Buyer's consenting to the assignment of this Offer and Acceptance contract by
Seller to a "qualified intermediary". as defined in Section 1031 of the code and
regulations promulgated thereunder; provided, however, in no event will either
party be required to take title to any other property or to incur any additional
expenses in order to effectuate the like -kind exchange. Each party shall hold the
other harmless from and indemnify and defend the other party against all liability,
costs and expenses, including reasonable attorney's fees, that may be assessed
against or incurred by the other party arising out of the actions taken by it at the
request of the other to assist in effectuating a like -kind exchange involving the
Property. Each Party hereby releases the other party from any and all claims,
losses, damages, suits, costs and expenses, including attorney's fees, arising out
of or relating to the disqualification of this sale -purchase transaction as a like -kind
exchange under the Code. This release and hold -harmless indemnification
agreement will survive the closing of this transaction. Buyer understands that
"Seller" is three different individuals that each own an undivided tenants-in-
common interest in the Property and each may separately determine the propriety
of entering into a like -kind exchange with respect to his or her respective interest
in the Property.
19. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES
THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE
APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY
COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF
THE COUNCIL TO SO APPROVE WILL MAKE ALL
PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING,
BUT NOT LIMITED TO, THE RETURN TO BUYER OF THE
$10,000.00 EARNEST MONEY DEPOSIT.
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Offer and Acceptance Contract
Page 4 of 5
SELLER:
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Prep. Date: 11-2-98
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DincLeceG's yC i . Date: / 8 / �I St
E. McClelland Jr. (� I
. (ill:9- iXJ-1't c
Patricia F. McClelland
Linda M. Rogers
Joseph Rogers
Jo p
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031.4
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Ray
nd K. McClelland
BUYER:
City of Fayetteville, Arkansas,
a municipal corporation
Fred anna, Mayor
//ficiretayr
eather Woodruff, City Clerk
Date:
Nisi el?
Date: ///ie1 i8
Date: (0 I
Date: II/7/qt
Date: /14r
Date: //%Al
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OFFER AND ACCEPTANCE CONTRACT
Page 5 of 5
EXHIBIT "A"
PROPERTY DESCRIPTION
Prep. Date: 11-03-99
The North Half (N'/:) of the Northeast Quarter (NE'/<); the North Half (N%)
of the North Half (NY/) of Southwest Quarter (SWA) of the Northeast
Quarter (NEA); the North Half (NYS) of the North Half (NY2) of the
Southeast Quarter (SEA) of the Northeast Quarter (NE'A), all in Section
Fourteen (14), Township Sixteen (16) North of Range Thirty-one (31) West
of the Fifth Principal Meridian, containing one -hundred (100) acres, more
or less, Washington County, Arkansas
SIGNED FOR IDENTIFICATION:
SELLER:
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es E. McClelland Jr. Linda M. Rogers
Ra . McClelland
BUYER:
The City of Fayetteville, Arkansas,
a municipal corporation
BY:
Fred anna, Mayor Heather Woodruff, Cit Jerk
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APPRAISAL REPORT
James McClelland Jr., et.al.
100 acres M.O.L.
Persimmon St.
Fayetteville, AR
By
The Real Estate Consultants
118 N. East Ave By
Fayetteville, AR 72701
(c) Copyright 1998 by The Real Estate Consultants
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THE
REAL ESTATE
CONSULANTS
• REALTORS • APPRAISERS • CONSULTANTS •
September 25, 1998
Mr. Ed Connell
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
RE- Appraisal Services
Dear Mr. Connell:
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118 N. East Ave
P.O. Box 726
Fayetteville, AR 72702
Phone (501) 442-0762
James E. McClelland, Jr. et.al.
Pt. of the NE1/4 of Sec. 14, T16N, R31W
Appx. 100 AC S of Persimmon & E of 54th, Fay., AR
In compliance with your request, and for the purpose of estimating the Market Value of the above
captioned property, I hereby certify that I have personally inspected the property and made a
survey of matters pertinent to the estimation of its value. The intended use of this appraisal is for
purchase evaluation purposes of the City of Fayetteville.
I further certify that I have no interest, present or contemplated, in the property under
appraisement, and that the fee was not contingent upon the value estimate reported, nor based
upon a percentage of the appraised value.
The following narrative appraisal report contains the data gathered in the investigation, and shows
the method of appraisal in detail. The report has been prepared in conformity with the Uniform
Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. This
is considered a Complete Summary appraisal.
Based upon the inspection of the subject property and the investigation and analysis carried out in
this report, it is the considered opinion of the appraiser that the Market Value of the property as
of September 16, 1998 and subject to the assumptions and limiting conditions set forth within
the body of this report, is as follows:
NINE HUNDRED THOUSAND DOLLARS
($ 900,000)
Res. --t ' Submitted,
Mar . Risk, GAA
Stat Certified General Appraiser #CG0202
,01181111{111111///Oft
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