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HomeMy WebLinkAbout56-02 RESOLUTIONRESOLUTION NO, 56-02 A RESOLUTION APPROVING THE SALE OF A PORTION OF CITY -OWNED LAND LOCATED IN THE FAYETTEVILLE INDUSTRIAL PARK CONTAINING APPROXIMATELY 7.75 ACRES TO SUPERIOR INDUSTRIES INTERNATIONAL, INC. FOR THE PRICE OF TWENTY THOUSAND DOLLARS ($20,000.00) PER ACRE AND A BUDGET ADJUSTMENT FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council hereby approves the sale of a portion of City -owned land located in the Fayetteville Industrial Park containing approximately 7.75 acres to Superior Industries International, Inc. for the price of Twenty Thousand Dollars ($20,000.00) per acre. Section 2. That the City Council hereby approves a budget adjustment recognizing the proceeds of the sale as revenues to the General Fund. Section 3. That the City Council hereby authorizes the Mayor and the City Clerk to convey said property to Superior Industries International, Inc. PASSED and APPROVED this 2nd day of April, 2002. APPROVED: Bys idalitet4 DAN COODY, May.f g • NAME OF FILE: CROSS REFERENCE: Resolution No. 56-02 04/02/02 Resolution No. 56-02 04/01/02 Copy of thc Budget Adjustment Form 03/15/02 Memo to Mayor Coody & City Council Members thru Staff Review Committee from Ray M. Boudreaux, Director, regarding sale of City of Fayetteville owned property 03/12/02 Copy of the Letter of Intent to Ray Boudreaux, Aviation & Economic Development Director, from Robert D. Bracy, V.P. Superior Industries International, Inc. 04/02/02 Staff Review Form 04/03/02 Memo to Ray M. Boudreaux, Aviation & Economic Dev. Director, from Heather Woodruff, City Clerk NOTES: ,„ fa. Pt. Pareal No. 765-19956-000 WARRANTY DEED MUNICIPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: asivold %at .1.0 /Rao sverot f4.4 ;. air ROVED FOR RECORDATION WFAYETTEVILLE PLANNING DMINISTRATION Date a THAT the CITY OF FAYETTEVILLE, ARKANSAS, a municipal cor- poration, hereinafter called GRANTOR, for and in consideration of the sum of On Dollar ($1.00) and other good and valuable consideration, the receipt of which is herebyacknowledged, does hereby grant, bargain, sell and convey unto Superior Industries International Inc., a Delaware corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following • described land situated in the County of Washington, State of Arkansas, to - wit: BY A part of Lot No 18 of the Final Replat of Fayetteville Industrial Park, dated April 1989, and on file in Plat Book 14 on Page 26 of the Office of the Circuit Clerk, Washington County, Arkansas, located in the Northwest Quarter (NW%) of the Southeast Quarter (SE%) of Section 261 Township 16 North, Range 30 West, being more particularly described as follows, to -wit: Commencing at the Northwest comer of said Section 26 and running South 010 17' 05" West 2,641.94 feet to the Northwest comer of Lot No. 19 of said Fayetteville Industrial Park, then South 88° 52' 00" East 3,157.08 feet to the Northwest comer of Lot 21, then continuing South 88° 52' 00" East 100.00 feet to a curve to the left having a radius of 50.00 feet, thence along said curve an arc distance of 130.09 feet and a delta angle of 1500 00' 00", thence South 78° 45' 02" East a distance of 28.99 feet to the North eireti comer of Lot 21a; thence South 01° 09' 00" West 50 79 feet to the Point of Beginning; thence continuing South 010 09' 00" West 942.66 feet to the South line of platted Lot 18; thence along said South line North 84° 55' 00" East 343.32 feet to a point; thence leaving said South platted line North 01° 09' 00" East a distance of 844.59 feet to a point; thence North 78° 45 02" West 346.66 feet to the Point of Beginning, containing 7.00 acres, more or less and being subject to easements and rights of way of record TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this /2316 day of A‘e•efrise.e_ 2002. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corp tion BY: ATTEST: Heat er oodruff, City Clerk Dan Coody, Ma r ACKNOWLEDGMENT STATE OF ARKANSAS SS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Heather Woodruff, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein ment:oned and set forth. WITNESS my hand and seal on this ze 44 day of .fret=e--79onc , 2002. MY COMMISSION EXPIRES: e25 -O/- Zeve, EDWARD Washington County My Commission Exolms May 1, 2010 Notary Public 200218o? 6 • • SELLER'S STATEMENT DATE November 19. 2002 SELLER City of Fayettecville Arkansas ADDRESS 113W. Mountain Street BUYER Supenor Industries International Inc LEGAL DESCRIPTION A part of Lot No 180! the Fayetteville Industrial Park as per the attached descnption PARCEL NO. 7675-19956-000 SALES PRICE $ 140,000 OTHER CREDITS: $ 140,000 EXPENSES OF SALE: TITLE INSURANCE $ 454.00 • CLOSING FEE $ -0- RECORDING FEES $ - 0 - PREPARING DOCUMENTS $ -0- SURVEY $ -0- REVENUE STAMPS $ -0- EARNEST MONEY $ -0- SALES COMMISSION $ -0- MORTGAGE PAYOFF $ -0- TAXES (for year ) $ -0- TAX PRORATION (for $ -0- * Paid by separate check ** Purchaser to Record TOTAL EXPENSES OF CLOSING: NET AMOUNT DUE TO SELLER: -0- $ 140,000 The undersigned acknowledge the receipt of this closing statement and agree to the correctness thereof, and authorize the disbursement of the funds as stated therein. BY: °' fr—rsoille- SE LER The above is a complete, true and correct account of funds received and disbursed in connection with the above transaction. • • PURCHASER'S STATEMENT DATE November 19, 2002 PURCHASER Supenor Industries International Inc. MAILING ADDRESS 1901 Bonck Dr., Fayetteville, AR 72701 SELLER City of Fayetteville, ARkansas LEGAL DESCRIPTION Part of Lot 18, Fayetteville Industrial Park as per attached descnption PARCEL NO. 765-19958-000 SALES PRICE EXPENSES OF PURCHASE: TITLE INSURANCE CLOSING FEE RECORDING FEES PREPARING DOCUMENTS SURVEY REVENUE STAMPS ATTORNEY'S OPINION • To be recorded by Purchaser $ - 0 - $ - - $ - 0 - TOTAL EXPENSES OF CLOSING: GROSS AMOUNT DUE FROM PURCHASER: CREDITS DUE TO PURCHASER: EARNEST MONEY $ - 0 - PRORATED TAXES $ - 0 - MORTGAGE ASSUMED $ - 0 - TITLE INSURANCE $ - 0 - $ TOTAL CREDITS: NET AMOUNT DUE FROM PURCHASER AT CLOSING: $ 140.000 $ - 0 - $ 140,000 $ - 0 - $ 140,000 The undersigned acknowledge the receipt of this closing statement and agree to the correctness thereof, and authorize the disbursement of the funds as stated therein. ar, 1758-yerrevi //le_ BY: atlfes4iseer crac-44e,e. Pur aer The above is a complete, true and correct account of funds received and disbursed in connection with the above transaction. BY: Closing Agent SUNNI A March 12, 2002 SUPERIOR INDUSTRIES INTERNATIONAL, INC. Ray Boudreaux Aviation & Economic Development Director City of Fayetteville Fayetteville, Arkansas 72701 Dear Ray: 1901 BORICK DRIVE • FAYETTEVILLE, AR 72701 (501) 443-7870 • FAX (501) 443-4522 Superior Industries International, Inc., requests the option to purchase or long term lease 5.3 to 7.75 acres of Lot R in the industrial park which immediately adjoins Superior's existing east property line. Sincerely, Robert D. Brac Vice President Facilities Engineering C . City of Fayetteville, Arkansas Budget Adjustment Form bs. gel-a/Z. Budget Year 2002 Department: Division: Program: Sales Tax Capital Improve. Economic Development Date Requested 04/0112002 Adjustment # •COPY Project or Item Requested: $155,000 is requested in the Economic Development Grant Matches Project. Project or Item Deleted: $155,000 from the Transfer to General Fund is proposed to be re -allocated to fund this request. Justification of this Increase: The additional funding is requested because the City is selling Industrial Park land and the funds should be earmarked for further economic development activities. Justification of this Decrease: General Fund is restricted, by Court Order, from spending money on capital projects. The City is selling land and the money from the land sale will flow into General Fund offsetting this re -allocation. Increase Expense (Decrease Revenue) Account Name Amount Contract Services 155,000 Account Name Transfer to General Fund Account Number Project Number 4470 9470 Decrease Expense (Increase Revenue) Amount 155,000 5315 00 02050 1 Account Number Project Number 4470 9470 7602 01 Approval Signatures Request By Date att Bu get anager Date ent D tor Admin. Se ces Director Mayor Date Date Date Blue Copy: Budget & Research / Yellow Copy: Requester Budget Office Use Only Type: A Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log I1:IBUDGETIPROJECTS1BUD_ADABA_2002tECON_DEV WK4 FAYETTEVitLE THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR AVIATION AND ECONOMIC DEVELOPMENT RAY M. BOUDREAUX, DIRECTOR • • 4500 School Ave., Suite F Fayetteville, AR 72701 501.710.7042 TO: Dan Coody, Mayor City Council Members THRU: Staff Review Committ FROM: Ray M. Boudreau DATE. March 15, 2002 SUBJECT: Sale of City of Fayetteville owned property Background: Attached please find a Letter of Intent, and a basic description of the project, from Superior Industries. The company wishes to purchase a portion of Lot R in the Industrial Park which is east of their current property. The purchase will require a lot split. The company is growing and has added 69 employees since last year at this time and will add another 70 employees before August 2002. Purpose: The purpose of this agenda item is to approve an ordinance for the sale of real property to be further identified as Lot Split Tract "R" by Land Management. The remainder of this property is in a flood plain and could be used for park land. Superior will use the property for a parking lot initially and potentially a warehouse. Budget Considerations: The tract of land will be sold for $20,000.00 per acre. Requested Action: Staff recommends the City Council approve the Ordinance authorizing the sale of this property to Superior Industries of Fayetteville. Attachments: Staff Review Form Letter of Intent Description of the property X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of STAFF REVIEW FORM April 2, 2002 FROM: Ray M. Boudreaux Name Airport Aviation & Economic Development Division Department ACTION REQUIRED: An efflinancitteville City Council to approve the sale of City owned property in the Fayetteville Industrial Park Identified as a Lot Split of Parcel R containing ap o .75 acres for $20,000.00 per acre or an amount not to exceed $155,000.00. epiAAAQ es. gt.A.42.1et COST TO CITY: $ I tri 0 oo> Cost of this Request I ID -ono I - ciRR I - 02_ Account Number Project Number 14gq c• Category/Project Budget $/4rc.rnS Funds used to date $ <2. Remaining Balance Los A Category/Project Name Program Name e • AxA. af2 Fund Budgeted Item Date Administrative Services Dir. Date Budget Adjustment Attached • CQITRACT/G$94T/LEASE REVIEW: at SZaAsidtd-Li ,16102-)44 3h5loa--• Accounting Manager pat, Internal Auditor Date GRANTING AGENCY Ai 9/0102. City Attojney Date ADA Coordinator Date Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Recommend Approval ;Dat se/e72.„ ate Date Date Cross Reference New Item: Yes Prev. Ord/Rest,: Orig Cont. Date: Orig Cont tt: X No STAFF REVIEW FORM Page 2 Meeting Date: April 2, 2002 Description: Sale of 7.75 acres of industrial property in the Industrial Park by the City of Fayetteville to Superior Industries of Fayetteville for use as a parking lot and potentially a warehouse. Sale will require a lot spilt. Comments: Budget Manager Reference Comments: Accounting Manager Reference Comments: City Attorney Reference Comments: Purchasing Officer Reference Comments: • Internal Auditor Reference Comments ADA Coordinator Reference Comments: Grants Coordinator Reference Comments: eu, Plant January 2001 March 2002 Chrome 451 475 Casting 937 982 Total 1388 1457 Additionally Chrome has a request for an additional 70 employees before August 02 \ tioc\i FAYETTEAJLE ENE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ray M. Boudreaux, Aviation & Economic Dev. Director From: Heather Woodruff, City Clerk Date: April 3, 2002 Please find attached a copy of Resolution No. 56-02 approving the sale of a portion of city - owned land located in the Fayetteville Industrial Park containing approximately 7.75 acres to Superior Industries International, Inc. The original will be microfilmed and filed with the City Clerk. Your budget adjustment form has been forwarded to the Budget & Research Division. cc: Nancy Smith, Internal Audit Stephen Davis, Budget & Research • • • IFIklfErrIEVIILL_E • 113 W. Mountain St. Phone: (501) 575-8323 City of Fayetteville CITY CLERK'S OFFICE Fax Cover Sheet Fayetteville, AR 72701 Fax #: (501) 718-7695 To: Company: Fax #: From: Date: -V-- /A - Number of Pages (including cover sheet)• Notes. • lf transmission cannot be read clearly, please call back as soon as possible. Thank you. 010 03 Update Document Reference RES Date 4022002 City of Fayetteville &Index Maintenance Iter Action Ref. Taken Brief Description 56-02 • 4/05/2002 8:35:11 SALE OF CITY OWNED LAND/INDUSTRL PK Enter Keywords • RES. 56-02 SALE CITY -OWNED LAND FAYETTEVILLE INDUSTRIAL PARK 7.75 ACRES SUPERIOR INDUSTRIES $20,000.00 BUDGET ADJUSTMENT File Reference # • MICROFILM Security Class • Expiration Date Date for Cont/Referred: Name Referred to • • Cmdl-Return Cmd8-Retention Cmd5-Abstract Yes No Retention Type: **** Active **** Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp. FAYETTEVTLLE 111E CITY OF FAYETTEVILLE, AFUCANSAS DAN COODY, MAYOR AVIATION AND ECONOMIC DEVELOPMENT RAY M BOUDREAUX. DIRECTOR TO: Dan Coody, Mayor FROM: Ray M. Boudreaux DATE October 9, 2002 SUBJECT: Land Sale — Supenor Industries International, Inc. 7 acres IPS • 4a,k3PITh eta. 56-02-- )0 - I I -02_-' 4500 School Ave. SIAS F Fayetter1114, AR 72701 501.715.7542 Please find attached the final Offer & Acceptance Contract from Superior Industries to purchase land in the Industrial Park South, and requinng your signature. pas& 44047.4 ceees-nt There are some differences compared to the original Offer and Acceptance Contract as submitted to the City Council and approved by Resolution (#56-02) which authonzes the land sale. Briefly, here are the changes: • Designation of Supenor's corporate registry from Delaware to California. • Acreage reduced from 7.75 to 7.0 acres due to City designated utility easement per Ed Connell. • Eamest deposit is changed from $10,000 to $0. David Whitaker of the City Attorney's office has reviewed the changes and determined that no additional action by the Council is required. Please sign the Contract and forward to the Office of the City Clerk. 11-2002 09.35 P.03 RESOLUTION NO. 56-02 A RESOLUTION APPROVING THE SALE OF A PORTION OF Lti Y -OWNED LAND LOCATED IN THE FAYETTEVILLE INDUSTRIAL PARK CONTAINING APPROXIMATELY 775 ACRES TO SUPERIOR INDUSTRIES INTERNATIONAL, INC FOR THE PRICE OF TWENTY THOUSAND DOLLARS ($20,000.00) PER ACRE AND A BUDGET ADJUSTMENT FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS° Section 1. That the City Council hereby approves the sale of a portion of City -owned land located in the Fayetteville Industrial Park containing approximately 7.75 acres to Superior Industries Intemational, Inc. for the price of Twenty Thousand Dollars ($20,000.00) per acre. Section 2. That the City Council hereby approves a budget adjustment recognizing the proceeds of the sale as revenues to the General Fund. Section 3. That the City Council hereby authorizes the Mayor and the City Clerk to convey said property to Superior Industries International, Inc. PASSED and APPROVED this 2na day of April, 2002. ar/ 1RIK el% By APPROVED By: OFFER AND ACCEPTANCE CONTRACT yi C9.41.1•COde•A • A245---7 1 L • 1. That Superior Industries Internationals Inc., a -Delaiese corporation, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following descnbed 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 only payment of $ 140.000 . ROa (1-Vot ep C-• 3. Contingent Earnest Money Deposit: The Buyer herewith tenders a cashiers check or money order for $40000to the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase pnce. As Buyer, it is understood that acceptance of this offer to sell is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the eamest money deposit will be retumed 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 eamest money may, at the option of the Seller, become liquidated damages to the Seller. Altemabvely, the Seller may assert legal or equitable nghts which it may have because of breach of this contract. 4. Conveyance will be made to the Buyer by general Warranty Deed and such deed shall be subject to recorded instruments and easements, if any, which do not matenally affect the value of the property. Such conveyance shall include any and all nghts 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 Seller. 6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property 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 pnor to closing to the satisfaction of the Buyer 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 within thirty (30) days after approval of this contract by the Fayetteville City Council. If such date of closing falls on a weekend or holiday. it will be held the followina workina day. OFFER AND ACCEPTANCE CONTRACT Page 2 of 5 )1( All fixtures, improvements and attached equipment are included in the purchase price. Risk of loss or damage to the property by fire or other casualty occurring up to the time of dosing is assumed by the Seller. Seller shall disclose to Buyer any and all environmental hazards of which Seller has actual knowledge This agreement shall be govemed by the laws of the State of Arkansas. 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. This contract expires, If not accepted by the Administration of the Seller, on or before the 15th day of August , 2002. The property, as described herein, shall be sold on a as -is basis, with no actual or implied guarantees other than those set forth in this document. Seller shall submit this document, when fully executed, to the Fayetteville City Council for approval within 45 days of the date of acceptance by Seller. Failure of the Seller to do so shall, at the option of the Buyer, constitute grounds for dedanng this contract null and void with retum to the Buyer of the $10,000 eamest money deposit. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES THAT THIS CONTRACT IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THE CITY COUNCIL OF FAYETTEVILLE ARKANSAS 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 $ .10:0011- EARNEST MONEY DEPOSIT. I OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER: City of Fayetteville, Arkansas A municipal Corporation BY: e,r4Dan oody, Mayor ATTEST:: H Z-44/4 Lot -1# ther Woodruff, City Clerk BUYER: Superior Industries international, Inc, BY: (Name & Title) Robert D. Bracy, ATTEST: President, Date: /OP JD Date: lead Date: 20/0•Z Superior Industries International - ARK -Inc. (Name & Title) Date: OFFER AND ACCEPTANCE CONTRACT Page 4 of 5 PROPERTY DESCRIPTION: • EXHIBIT "A" PROPERTY DESCRIPTION A part of Lot No. 18 of the Fayetteville Industrial Park being in the Northwest Quarter (NWA) of the Southeast Quarter (SE%) of Section 28, Township 18 North, Range 30 West, being more particularly described as commencing at the Northwest corner of Section 28 and running South 01° 17' 05" West 2,841.94 feet to the Northwest corner of Lot No. 19 of said Fayetteville Industrial Park; thence South 88° 52' 00" East 3,157.08 feet to the Northeast comer of Lot No. 21; thence continuing South 88° 52' 00° East 100.00 feet to a curve to the left having a radius 01 50.00 feet thence along said curve an arc distance of 130.09 feet and a delta angle of 150 00' 000; thence South 78° 45' or East a distance of 28.99 feet to the Northeast corner of Lot 21a; thence South 01° 09' 00" West 50.79 feet to the Point of Beginning; thence continuing South 01' 09' 00" West 942.88 feet to the South line of platted Lot 18; thence along said South line North 84° 55' 00" East 343.32 feet to a point thence leaving said South platted line North 01° 09' 00" East a distance of 844.59 feet to a point thence North 78° 45' 02" West 346.68 feet to the Point of Beginning, containing 7.00 acres, more or less and being subject to easements and rights of way of record. SELLER: City of Fa ettovIlle, ArIcansas BY: SIGNED FOR IDENTIFICATION Title Dan Coody, Mayor Date: /At (ar