Loading...
HomeMy WebLinkAbout119-01 RESOLUTIONRESOLUTION NO. 119-01 • Oaf, B A RESOLUTION TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC. TO BUILD INFRASTRUCTURE IMPROVEMENTS FOR ROAD, WATER, SEWER, AND PARKLAND DEVELOPMENT AND TO ENTER INTO A LEASE OF PARKLAND WITH THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, the City of Fayetteville and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. have worked together to provide recreation for Fayetteville citizens for decades, and; WHEREAS, the City of Fayetteville desires to work with the Fayetteville Boys and Girls Club, Inc. make the new Donald W. Reynolds Boys and Girls Club in Fayetteville become a reality by assisting with infrastructure and parkland improvements. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas approves the Contractual Agreement between the City and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc., agrees to fund the infrastructure improvements pursuant to this Agreement, and agrees to enter into a long-term lease of parkland pursuant to Section 3 of the Agreement. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Dan Coody to sign this Contractual Agreement which is attached as Exhibit A. PASSED and APPROVED this the 21st day of August, 2001. eather Woodruff, City Clerk APPROVED: By: DAN COODY, Mayor • CONTRACTUAL AGREEMENT EXHIBIT A Res. 119-01 ORIGINAL This Agreement, made and entered into this 22nd day of August, 2001, by and between the City of Fayetteville, Arkansas, (hereinafter called "City") and Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City has previously committed to build certain infrastructure in support of the construction of the new Donald W. Reynolds Boys and Girls Club facility (hereinafter called "the Project"); and WHEREAS, the City's Planning Commission has approved the plat for development of the Project based upon the City's assurances it would provide street, water and sewer necessary to serve this Project; and WHEREAS, the City Council affirmed the Planning Commission's approval and has already budgeted funds to construct some of the necessary infrastructure, and WHEREAS, the Donald W. Reynolds Foundation desires to have an executed agreement formalizing the City's support (through infrastructure improvements) of the Project; and WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and -Girls Club, Inc. (Boys and Girls Club) agree as follows: 1. Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and completing all other necessary actions to enable construction of the new Donald W. Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Provide and/or pay for access road and haul road to the site. B. Provide or pay for adequate water and sewer service to the Project. C. Pay for development of the park land it owns near the V 118IHX3 • • • • EXHIBIT A ORI GIWAL9_ol Project. Such development shall include realignment of the intermittent stream to the edge of the property, construction of two lighted playing fields, a trail around the edge of the property and a parking lot on the property. The City shall meet these obligations by advancing $395,000.00 in 2001 or when requested, an additional $250,000.00 in 2002 or when requested and an additional $430,000.00 in the first seven months of 2003. With these payments, the city is purchasing development services from the Boys and Girls Club and the Boys and Girls Club will be responsible for the development described above. D. The City is not required to commence design or construction of its commitments until the Boys and Girls Club, Inc. has fully completed its financing program for the Project. The City shall not be required to commence any bidding or construction of the infrastructure until the Boys and Girls Club has awarded a construction contract for the Project. The Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. agrees: A. To continue its diligent efforts to raise the necessary $1,852,083.00 in private donations in order to secure the receipt of the full Donald W. Reynolds Foundation Grant and begin construction. B. To timely inform the Donald W. Reynolds Foundation of agreements reached with the City to support this Project and request approval or needed changes of such agreements to satisfy the Reynolds Foundation concerns about the feasibility of this Project. C. To complete the construction of the Project in substantial compliance with the Preliminary Plat and in coordination with the City's construction of infrastructure and development of its park land adjacent to the Project. 3. The City and the Boys and Girls Club agree to enter into a long term lease for the park land. Citizens, who are not members, shall be allowed to use the entire facility for a nominal daily use fee. The Boys and Girls Club will not charge citizens to be present on the park land (other than the playing fields); however, the Boys and Girls Club has the responsibility to schedule events on the park land. The playing fields shall be game fields and use must be scheduled through the Boys and Girls Club Unaffiliated groups that appropriately meet the criteria for use of the game fields will be allowed to • • 6ifiritiif A ORIGINAL Res. 119-M schedule use of the fields for a fee that is based on the operation and maintenance costs of the fields. The Boys and Girls Club may close the playing fields during any period for the protection of the condition of the playing surface. The Boys and Girls Club shall be responsible for scheduling and maintaining the park land. Restroom facilities with outside access shall be available during club hours to the general public and shall be available to specific field users at all scheduled times of use. The Boys and Girls Club will open its facility to the public without costs on specific scheduled days announced in advance of such times. The facility shall be open to the public without costs for a minimum of four days each calendar year beginning in year 2004. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE By DANLOODY, Mayo 1\c FAYETTEVILLE YOUTH CENTER, INC. d/b/a/ FAYETTEVILLE BOYS & GIRLS CLUB, INC. By' -ea er Woodruff, Ci Cl By OM STOCKLAND President of the Board of Directors Fayetteville Youth Center m x NAME OF FILE: CROSS REFERENCE: • Resolution No. 119-01 4 08/21/01 Resolution No. 119-01 08/22/01 Contractual Agreement with Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. of Washington County (hereafter called "Boys and Girls Club") 08/10/01 Departmental Correspondence to Mayor and City Council from Hugh Earnest, Urban Development Director, regarding Contractual Agreement with Fayetteville Youth Center 08/21/01 Staff Review Form 08/27/01 Departmental Memo to Hugh Earnest, Urban Development Director, from Heather Woodruff, City Clerk NOTES: RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC. TO BUILD INFRASTRUCTURE IMPROVEMENTS FOR ROAD, WATER, SEWER, AND PARKLAND DEVELOPMENT AND TO ENTER INTO A LEASE OF PARKLAND WITH THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, the City of Fayetteville and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. have worked together to provide recreation for Fayetteville citizens for decades, and; WHEREAS, the City of Fayetteville desires to work with the Fayetteville Boys and Girls Club, Inc. make the new Donald W. Reynolds Boys and Girls Club in Fayetteville become a reality by assisting with infrastructure and parkland improvements. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas approves the Contractual Agreement between the City and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc., agrees to fund the infrastructure improvements pursuant to this Agreement, and agrees to enter into a long-term lease of parkland pursuant to Section 3 of the Agreement. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Dan Coody to sign this Contractual Agreement which is attached as Exhibit A. PASSED and APPROVED this the 21St day of August, 2001. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By: DAN COODY, Mayor • • CONTRACTUAL AGREEMENT This Agreement, made and entered into this day of , 2001, by and between the City of Fayetteville, Arkansas, (hereinafter called "City") and Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City has previously committed to build certain infrastructure in support of the construction of the new Donald W. Reynolds Boys and Girls Club facility (hereinafter called "the Project"); and WHEREAS, the City's Planning Commission has approved the plat for development of the Project based upon the City's assurances it would provide street, water and sewer necessary to serve this Project; and WHEREAS, the City Council affirmed the Planning Commission's approval and has already budgeted funds to construct some of the necessary infrastructure; and WHEREAS, the Donald W. Reynolds Foundation desires to have an executed agreement formalizing the City's support (through infrastructure improvements) of the Project; and WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville. NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. (Boys and Girls Club) agree as follows: Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and completing all other necessary actions to enable construction of the new Donald W Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Provide and/or pay for access road and haul road to the site. B. Provide or pay for adequate water and sewer service to the Project. C. Pay for development of the park land it owns near the • • Project. Such development shall include realignment of the intermittent stream to the edge of the property, construction of two lighted playing fields, a trail around the edge of the property and a parking lot on the property. The City shall meet these obligations by advancing $395,000.00 in 2001 or when requested, an additional $250,000.00 in 2002 or when requested and an additional $430,000.00 in the first seven months of 2003. With these payments, the city is purchasing development services from the Boys and Girls Club and the Boys and Girls Club will be responsible for the development described above. D. The City is not required to commence design or construction of its commitments until the Boys and Girls Club, Inc. has fully completed its financing program for the Project. The City shall not be required to commence any bidding or construction of the infrastructure until the Boys and Girls Club has awarded a construction contract for the Project. 2. The Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. agrees: A. To continue its diligent efforts to raise the necessary $1,852,083.00 in private donations in order to secure the receipt of the full Donald W. Reynolds Foundation Grant and begin construction. B. To timely inform the Donald W. Reynolds Foundation of agreements reached with the City to support this Project and request approval or needed changes of such agreements to satisfy the Reynolds Foundation concerns about the feasibility of this Project. C. To complete the construction of the Project in substantial compliance with the Preliminary Plat and in coordination with the City's construction of infrastructure and development of its park land adjacent to the Project. 3. The City and the Boys and Girls Club agree to enter into a long term lease for the park land. Citizens, who are not members, shall be allowed to use the entire facility for a nominal daily use fee The Boys and Girls Club will not charge citizens to be present on the park land (other than the playing fields); however, the Boys and Girls Club has the responsibility to schedule events on the park land. The playing fields shall be game fields and use must be scheduled through the Boys and Girls Club. Unaffiliated groups that appropriately meet the criteria for use of the game fields will be allowed to • • schedule use of the fields for a fee that is based on the operation and maintenance costs of the fields. The Boys and Girls Club may close the playing fields during any period for the protection of the condition of the playing surface. The Boys and Girls Club shall be responsible for scheduling and maintaining the park land. Restroom facilities with outside access shall be available during club hours to the general public and shall be available to specific field users at all scheduled times of use. The Boys and Girls Club will open its facility to the public without costs on specific scheduled days announced in advance of such times. The facility shall be open to the public without costs for a minimum of four days each calendar year beginning in year 2004. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE FAYEI 1 LVILLE YOUTH CENTER, INC. d/b/a/ FAYETTEVILLE BOYS & GIRLS CLUB, INC. By: By: DAN COODY, Mayor TOM STOCKLAND President of the Board of Directors Fayetteville Youth Center ATTEST: By: Heather Woodruff, City Clerk • • FAYETTEVILLE THE CITY OF FAYETTEV/LLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor and City Council From: Hugh Earnest Urban Development Director Date: August 10, 2001 Subject: Contractual Agreement with Fayetteville Youth Center Background The Council is well aware that the Reynolds Foundation informed the Fayetteville Youth Center in writing that the grant from the Foundation had been placed on hold. The reason for this action, according to the letter was a concem from the Foundation that a specific legally binding agreement was not in place between the parties. Current status Representatives from the Club and the City have been working to develop a mutually acceptable contract document that will be furnished to the Reynolds Foundation. The discussions, which have been fruitful and productive, have resulted in the document which is attached to this memo. There are several important policy and fiscal issues that both parties have agreed to in the draft that is before you for consideration. They are as follows: • The playing fields to be constructed with public funds will be managed and maintained by the Youth Center. Representatives from the City and the Club on a yearly basis will negotiate the specific terms covering the management of the fields. The terms will include at a minimum such items as the charge for use of the fields and availability of restroom facilities. • The ancillary facilities will be available for public use at all times. r • s • The city has agreed to the following amounts for costs associated with development of the adjacent parks property. Football fields/Site Improvements. Channel and Landscaping $500,000 Parking lot (100 cars) $100,000 Field and Parking area lots $300,000 Trails $ 50,000 Sprinkler Systems/Bleachers/ADA Access/Fencing $125,000 Total $1,075,00 Both parties recognize and acknowledge that a number of subsequent agreements relating to purchase of services from the Fayetteville Youth Center will be necessary. Such agreements will cover the wide range of collaborative efforts in providing youth services that both the city and the club are active in. Recommendation The level of cooperation and assistance in developing this contract was exceptional. The assistance from Connie Edmonson, Kit Williams and Tim Conklin as representatives from the city made this possible. Kudos should also go to Tom Stocklin and Mike Hill, both of whom worked tirelessly on this. It is our joint recommendation that this contract be approved. • • STAFF REVIEW FORM XX AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW / For the Fayetteville City Council meeting of Z.444 j/ IX 1 FROM: Hugh Earnest Urban Development Name Division Department ACTION REQUIRED: Approval of this agreement with Fayetteville Youth Center Inc, d/b/a Fayetteville Boys & Girls Inc. of Washington County. COST TO CITY: Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date Internal Auditor Date City Attorney Date ADA Coordinator Date Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Approval of the agreement. Division Head Date Date W//9/o, Administrative Services Director Date Mayor Date 1 Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: s R Fc • STAFF REVIEW FORM Description: Approval of the agreement. Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator 2 Meeting Date Reference Comments: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Hugh Earnest, Urban Development Director e From: Heather Woodruff, City Clerk Date: August 27, 2001 Attached is a copy of the resolution approving the contractual agreement with the Fayetteville Youth Center. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Kit Williams, City Attorney