HomeMy WebLinkAbout138-04 RESOLUTIONRESOLUTION NO.138-04
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO
ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE,
ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND
OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF
OWNERSHIP OF A 33 ACRE LANDFILL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts and approves the Contract with SouthPass Development Company (attached as
Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million
dollars for park land development and other consideration for the City's acceptance of a
33 acre landfill and its agreement to spend the money currently identified in its Parks
Capital Improvement Plan for the community park development.
PASSED and APPROVED this 7th day of September, 2004.
ATTEST:
By:
t
S NDRA SMITH, City Clerk
By:
3._0: •;-3
;FAYETIEVILLE;
y.9 P:
%s :
AGREEMENT TO ACQUIRE AND DEVELOP
THE COMMUNITY PARK FOR FAYETTEVILLE
This contract and agreement is entered into by the City of Fayetteville and
SouthPass Development Company, LLC (hereinafter "SouthPass");
Whereas, the City of Fayetteville desires to obtain a 200 acre Community
Park for its citizens and tourists; and
Whereas, the Parks and Recreation Advisory Board has carefully studied
available sites and determined that the Cummings' property is the most
desirable site for the Community Park; and
Whereas, The City of Fayetteville does not have the current resources to
both purchase the necessary acreage and develop such acreage into a
functioning, attractive Community Park and so publicly requested proposals
from developers for a public/private partnership to facilitate the acquisition and
development of the Community Park; and
Whereas, SouthPass Development Company, LLC submitted a workable,
attractive proposal which was selected by the City's selection committee as the
recommended proposal.
NOW, THEREFORE, pursuant to the terms and conditions of the City's
Request for Proposals and SouthPass Development Company, LLC's
recommended Proposal, the City and SouthPass agree as follows:
1. Upon approval of this contract by the Fayetteville City Council and
SouthPass Development Company, LLC and the accomplishment of all
contingencies listed below, SouthPass shall tender to the trustee/owners of the
Eight Hundred Acre (more or less) Cummings property an unconditional offer to
purchase all said property for the sum of Six Million Nine Hundred Thousand
Dollars ($6,900,000.00). The obligation of SouthPass Development Company,
LLC shall not become binding or enforceable until all the below contingencies
have been fully accomplished:
(A) A Master Plan for the development of the approximately 800
acre site has been prepared and approved by SouthPass Development Company
LLC and the City of Fayetteville;
(B) The City Council has annexed or committed itself to annex the
entire 800 acre site;
• •
(C) The zoning of the portion of the 800 acre site to be owned by
SouthPass has been accomplished or the City Council has committed itself to
rezone that portion in conformance with the approved Master Plan;
(D) The Greenland School District and Fayetteville School District
have agreed that this entire site shall be within the Fayetteville School District;
(E) The Arkansas Department of Environmental Quality has
agreed with the present owners of the Cummings landfill and assured the City of
Fayetteville that the costs of the necessary corrective actions for the landfill shall
not be borne by, recovered from, assessed to, or collected from the City of
Fayetteville or SouthPass Development Company, LLC.
2. If this Offer is accepted by the Trustee and the Court, and all others
necessary to accept the offer and legally deed the entire tract of 800 acres, more
or less, SouthPass Development company, LLC shall pay the agreed price to the
trustee/ owners and the land shall be conveyed by warranty deed free from all
encumbrances to the following parties:
(A) SouthPass Development Company, LLC shall be deeded the
entire Eight Hundred (800) acre tract, more or less, except the 33 acre landfill;
(B) The City of Fayetteville shall be deeded (free and clear of any
obligation to pay, repay, or otherwise fund the necessary corrective actions for
the landfill: partial or full recapping of the landfill and restoration of the stream
corridor) the Thirty -Three (33) acre abandoned and closed landfill located within
the 800 acre property;
(C) South Pass Development Company LLC shall convey by
warranty deed to the City of Fayetteville a Two Hundred (200) acre parcel for the
Community Park which location shall be determined by the City;
(D) SouthPass Development Company LLC shall convey by
warranty deed the Ten (10) acre City of Fayetteville water tank site to the City of
Fayetteville.
3. To facilitate the preparation of the Master Plan, the City shall
immediately pay for the perimeter survey of the property and the 200 acre
Community Park site.
4. SouthPass shall fund up to $10,000.00 and retain a mutually acceptable
community master planning consultant for recommendations for a Master Plan
for this entire 800 acre area (including the 200 acre Community Park area).
• •
5. The City of Fayetteville shall assist in facilitating the planning, zoning
and other development approval processes which are in accordance with the
mutually acceptable master plan
6. The City of Fayetteville shall recommend to the Fayetteville School
Board and Greenland School Board that this property should be within the
Fayetteville School District.
7. The City of Fayetteville and SouthPass shall cost share (50/50) all costs
of extending sewer to the Community Park site and neither shall charge for the
acquisition of necessary water or sewer easements across their property to serve
their land within this 800 acre area.
8. If all the contingencies listed in paragraph 1 have been accomplished
and all the actions listed in paragraph 2 have been achieved, SouthPass
Development Company LLC shall contribute One Million Dollars ($1,000,000.00)
when the City is ready to award the first construction contract utilizing the 2004
and 2005 budgeted CIP allocation as shown in Exhibits A and B*.
Signed this 31 day of fkt.-e , 2004. Signed this 7 0,. day of September, 2004.
SOUTHPASS DEVELOPMENT
By
COQ PANY LLC
J IJP►' NOCK
ging Member
By:
DAN COODY
Mayor
CITY OF
FAYETTEVILLE, ARKANSAS
Attest:
llilnciJi-a.�
Sondra Smith, City Cl
*Attached as Exhibit A are copies of the current Capital Improvement Program adopted last
December by the City Council showing 2004-2008 Parks Development Fund allocations for Community
Park Development (total about $2.4 million) and Sales Tax CIP funds allocated to Community Park
Development (total about $1.2 million).
Attached as Exhibit B is the amount of funds that have been allocated by the City Council that will
be available on January 1, 2005 for development of the Community Park (about $1.6 million).
•
•
City of Fayetteville, Arkansas
2004 - 2008 Capital Improvements Program
Recommended Ranking by Project Category by Year
Year Division
Project Amount
Priority
Parks Development Fund• Parks & Recreation Improvements
2004 Parks & Recreation Community Park Development
466000 1
466,000
2005 • Parks & Recreation
2006 Parks & Recreation
2007 • Parks & Recreation
2008
Community Park Development
473000 1
473,000
Community Park Development
457.000 1
457,000
Community Park Development
489 000 1
489,000
Parks & Recreation Community Park Development
i
EXHIBIT
• Denotes Continuing Project From Previous Year
57
506,000 1
506,000
1
1
1
1
1
1
1
1
1
CITY OF FAYETTEVILLE, ARKANSAS
2004 - 2008 CAPITAL IMPROVEMENTS PROGRAM
PROJECT DETAIL
1 PROJECT TITLE:
Community Park Development
1 REQUESTING DIVISION: Parks & Recreation
FUNDING SOURCE: Sales Tax Capital Improvements Fund
PROJECT CATEGORY: Parks & Recreation Improvements
INITIAL YEAR PRIORITY: 2
PROJECT TYPE: REPLACEMENT
PROJECT DESCRIPTION & JUSTIFICATION :
The Parks and Recreation Master Plan recommends development of a Community Park. Facilities would include baseball, soccer, and
softball complexes, as well as trails, tennis courts, sand volleyball courts, a pavilion, picnic tables/grills/benches, disc golf, and multi-
purpose fields, to name a few possibilities. Facilities would be developed on a priority basis depending upon public desires. With the
Lewis Soccer Complex to be retumed to the U of A, there is an urgent need to relocate this facility as well as the Walker Park Baseball
Complex due to its poor condition and a need for future growth. This project Is included in both Parks Development and Sales Tax
Capital Improvements Funds. In addition, there is $20,000,000 in Sales Tax funding in the unfunded projects list.
EXPANSION Y
PROJECT COST
2004 $ 165,000
2005 338,000
2006 319,000
2007 186,000
2008 188,000
TOTAL PROJECT COST $ 1,196,000
PROJECT STATUS OF IN PROGRESS) :
$206,173 Is included in 2003 CIP funds. Staff evaluated 18 sites and six (6) of these have been appraised. A recommendation for a
Community Park site will be presented to City Council after the sites have been fully evaluated, including wetlands/flood plains and
land special analysis.
EFFECT OF THE PROJECT ON ANNUAL OPERATIONS
Depending on the site and conceptual plan, personnel, vehicles, utilities, and maintenance costs may increase accordingly. There
would be income generated from sponsorships, entry fees, rentals, etc. No projections on the impact to the operating budget have
been made. These figures will be estimated as soon as a site is selected.
• •
City of Fayetteville, Arkansas
Community Park Development Capital Project
- Funding 2004/2005
Budgeted Expenses Remaining Budgeted Total
2004 2004 2004 2005 Available
Parks Development Fund:
2250.9255.5200.00 $ 256 $ 255 $ 1 $ $ 1
2250.9255.5301.00 45 45 - -
2250.9255.5314.00 51,300 51,300 (0) (0)
2250.9255.5806.00 531,049 2,000 529,049 473,000 1,002,049
582,650 53,600 529,050 473,000 1,002,050
Sales Tax Capital Improvements
4470.9470.5314.00 8,150 8,150 8,150
4470.9470.5806.00 275,000 275,000 338,000 613,000
283,150 283,150 338,000 621,150
$ 865,800 $ 53,600 $ 812,200 $ . 811,000 $ 1,623,200
gMl EDT
0
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 138-04
Document
1
08/19/04
memo to mayor & City Council
2
copy of Request for Proposal 04-13
3
draft resolution
4
RFP 04-13 Comparison
5
Community Park
Development
Capital Project
6
Staff Review Form
7
copy of newspaper article
8
memo to Gary Dumas
9
10
11
12
13
14
15
16
NOTES:
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: Gary Dumas, Director of Operations
Date: August 19, 2004
9/7/°�
Agenda Item Number
i38
ccoutlA 55
(bpn11.d al
IK Imo'^
Subject: APPROVAL OF RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH SOUTHPASS
DEVELOPMENT COMPANY TO ACCEPT 200 ACRES OF PARK
LAND, A 10 ACRE WATER TANK SITE, ONE MILLION
DOLLARS AND OTHER CONSIDERATION FOR THE CITY'S
ACCEPTANCE OF OWNERSHIP OF A 33 ACRE LANDFILL
RECOMMENDATION
Approval of resolution authorizing the mayor to execute an agreement with SouthPass
Development Company to accept 200 acres of park land, a 10 acre water tank site, one
million dollars and other consideration for the city's acceptance of ownership of a 33 acre
landfill.
BACKGROUND
In 2000 the community through a public participation process defined the need for a
Community Park. In December 2002 the Parks and Recreation Advisory Board
requested the staff to pursue land for the future Community Park. From this search 18
potential sites were evaluated against numerous criteria. One site emerged as the best
site, the property known as the Cummings Farm in Southwest Fayetteville along Cato
Springs Road.
The sole issue with the site, was the impact that an abandoned landfill on approximately
33 acres of the 800 acre site would have upon development of a Community Park and
other surrounding land uses that may develop in proximity to the Community Park.
The City partially funded with the Arkansas Department of Environmental Quality an
initial study to determine any impacts that the landfill would have on the use of the
landfill site and surrounding land. That study found that the landfill did not pose a
significant environmental concern. Two corrective actions were proposed however: these
were; the recapping of all or part of the landfill and the restoration of the stream corridor.
The Arkansas Department of Environmental Quality concurred with the study and agreed
to fund the corrective actions necessary, at no cost to the City, by utilizing the State
Landfill Post Closure Trust Fund. This State cost will range of $1.5 million to $3.3
million depending upon options and techniques developed by the State.
There has been significant public debate concerning the need for a community park
beginning prior to September 9, 2002 when this issue was discussed before the Parks and
Recreation Advisory Board meeting. The public discussion continued through January
and February 2004 when the Parks and Recreation Advisory Board discussed options on
funding the purchase and development. These options ranged from the use of sales tax to
property tax to selling off a part of the property to pay for the land needed for the
Community Park through a public-private partnership. Through the late winter and
spring the concept of the public-private partnership evolved until May 23`d when a
• •
Agenda Item Number
request for proposals was issued seeking a private partner. The general focus of the
request is as follows:
Request for Proposals
RFP 04-13
For Public - Private Partnership to facilitate the
Acquisition and Development of a Community
Park
The City of Fayetteville is interested in partnering with a
private developer or developers to facilitate the acquisition
and development of a community park in southwest
Fayetteville.
The City of Fayetteville has purchase options to
approximately 800 acres (formerly known as the
Cummingss Farm) in southwest Fayetteville. This property
is for the most part outside of the City Limits of
Fayetteville and within the jurisdiction of Washington
County. The majority of the land lies within the Greenland
School District. A properly closed landfill is located on the
site.
Currently water supply is available at an adjacent storage
facility and sewer service is available near Cato Springs
and I-540. Other utilities, if available, are only available
along the southern perimeter. The exact boundary of the
community park will be determined through negotiation
and in conjunction with a mutually agreed upon
development designer. The City of Fayetteville has publicly
expressed a desire for a park to serve the community in this
area. The City of Fayetteville Parks and Recreation
Advisory Board have determined this location as the
preferred location to serve this community need.
Each proposer is expected to avail themselves to
any and all public information concerning the City's
desire for a community park.
Each proposal must include
• method of transferring property from owner/City/proposer,
• methods in which the proposer prefers to address landfill
issues
• address how the proposer wishes to address the ability to
provide appropriate sewage disposal facilities to the site
described above
• amount of acreage to be provided to the City for a
Community Park
•
Agenda Item Number
• address how the proposer prefers to provide appropriate
transportation access to the site described above
• any additional payment to the City
• any other items to be required of the City,
• any additional issues that the proposer wishes to include
within the proposal
On June 9, 2004 two responses were opened. One was determined non-responsive by the
Purchasing Agent and City Attorney. The second was evaluated and selected for
negotiation. For the Council's information the non-responsive proposal was evaluated
and compared to the responsive proposal. That comparison is attached.
Since June 10th the staff has been in negotiation with SouthPass Development Company,
L.L.C. in order to develop a contract which could be considered by the City Council.
That contract is now ready for City Council consideration.
DISCUSSION
The following are the action steps contained within the contract which will result in the
City obtaining 243 acres for a Community Park and an existing water tank storage site at
no cost, $1,000,000 in cash, impact fees, and an approximate 560 acre development and
resulting sales and property taxes.
The Company's participation in this project is contingent upon the City obtaining all
necessary permits, approvals, or other assurances demonstrating that the abandoned C &
L Landfill area is not an environmental hazard.
The following sets forth the obligations of the Company and the City:
The Company will:
a. Agree to purchase the entire approximate 800 acre property at a price not to
exceed $8,500 per acre (approximately $6,900,000) and
b. contemporaneously with said acquisition in a manner acceptable to current
property owner, the City and the Company, will deed to the City, without
monetary consideration and free and clear of all liens or encumbrances,
approximately 233 acres that the City shall use in connection with the
development of a community park inclusive of baseball and soccer fields, related
amenities and other park uses and
c. contribute $1,000,000 in cash to the City in furtherance of the development of this
community park contemporaneously with the City's contractual expenditure of
funds within the Parks Development Fund and Parks Capital Improvement
Program committed to Community Park Development initiating construction of
the community park, and
d. retain and fund to a maximum of $10,000, a mutually acceptable community
master planning consultant that will identify and outline the usable land amounts
and the highest and best uses of the property in harmony with a 233 acre
community park.
The City will subject to City Council approval:
• •
Agenda Item Number
a. assist in facilitating the planning, zoning and other approval processes in
accordance with a mutually acceptable master plan and
b. annex the property into the City's boundaries and
c. assist to the fullest extent possible with the Greenland School District and the
Fayetteville School District to extend the Fayetteville School District boundary .to
encompass the property and
d. work with ADEQ to resolve all landfill issues using the State's landfill closure
trust fund at no additional cost to the City or the Company and
e. cost share all costs of extending sewer to the park in accordance with normal City
of Fayetteville off-site cost share policies and practices and
f. provide all other City utilities and services to the park in accordance with the
City's normal off-site utility extension policies.
BUDGET IMPACT
The City of Fayetteville financial obligation is to participate in all normal off-site
improvements required to service the community park and private development. The
participation in the off-site improvement for sewer extension is specifically listed as this
service is necessary to serve the community park. This cost share for sewer is 50% for
both SouthPass and the City.
Additional financial requirements are:
1. funding the perimeter survey of the property and the survey of the area to become
the community park; estimated cost $50,000.
2. committing to fund the first phase of the park development in order to receive the
$1,000,000 donation toward park improvements.
3. long term operation and maintenance of the community park; the current
operation and maintenance budget for Lewis Soccer Complex will be transferred
to the Community Park as the Lewis Complex reverts back to University use.
• •
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO
ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE,
ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND
OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF
OWNERSHIP OF A 33 ACRE LANDFILL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS*
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
accepts and approves the Contract with SouthPass Development Company (attached as
Exhibit "A") to accept 200 acres of park land, a 10 acre water tank site, one million
dollars for park land development and other consideration for the City's acceptance of a
33 acre landfill and its agreement to spend the money currently identified in its Parks
Capital Improvement Plan for the community park development.
PASSED and APPROVED this 7th day of September, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
®lk°
sc
By:
DAN COODY, Mayor
CO
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City of Fayetteville, Arkansas
Community Park Development Capital Project
- Funding 2004/2005
Budgeted Expenses Remaining Budgeted Total
2004 2004 2004 2005 Available
Parks Development Fund:
2250.9255.5200.00 $ 256 $ 255 $ 1 $ $ 1
2250.9255.5301.00 45 45 - -
2250.9255.5314.00 51,300 51,300 (0) (0)
2250.9255.5806.00 531,049 2,000 529,049 473,000 1,002,049
582,650 53,600 529 050 473,000 1,002,050
Sales Tax Capital Improvements
4470.9470.5314.00 8,150 8,150 8,150
4470.9470.5806.00 275,000 275,000 338,000 613,000
283,150 283,150 338,000 621,150
$ 865,800 $ 53,600 $ 812200 $ 811,000 $ 1,623,200
XXX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
• •
STAFF REVIEW FORM - FINANCIAL OBLIGATION
For the Fayetteville City Council Meeting of: September 7, 2004
FROM:
Gary Dumas Operations Department
Name
Division Department
ACTION REQUIRED: APPROVAL OF RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO ACCEPT 200 ACRES OF PARK LAND,
A 10 ACRE WATER TANK SITE, ONE MILLION DOLLARS AND OTHER CONSIDERATION FOR THE
CITY'S ACCEPTANCE OF OWNERSHIP OF A 33 ACRE LANDFILL
COST TO CITY:
$50,000 est for survey $ 1,676,150.00
Cost of this request
2250.9255.2806.00
4470.9470.5806.00
Category/Project Budget
53,600.00
Account Number Funds Used to Date
02002
Project Number
$ 1,622,550.00
Remainin Balance
Community Park
Program Category / Project Name
Parks Development
Sales Tax Capital
Program / Project Category Name
Sales Tax Capital/Parks
Development
BUDGET
RREEVIEW:
xxxx Budgeted Item
Budget Manager
Date
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
'L2*7
Date
?/2.‘/o Lf
Date
Accounting Man.•er
torne
Internal Auditor
Purchasing Manager
Date
Date
STAFF RECOMMENDATION: Approve Resolution
Division Head
Departme
1
or
Date
19-Z3-04
Date
•ham. �� g-zc-�
Fina e & Internal Services
Dir. Date
Chief
kip
nistrative Officer
Seitr
Ma 'or
I
Date
Da
e
Received in. Mayor's Office
Cross
Reference:
Previous Ord/Res#:
Orig.
Orig.
Contract Date:
Contract Number:
New Item:
Date
Yes
No
•
City Officials Say Park
Could Happen Next Year
• 0g4i(
E BARKED FUNDS
COULD COVER
COST OF PROJECT
By Dan Craft
THE MORNING NEWS - DCRAFT@NWAONLINE.NET
FAYETTEVILLE — Fayetteville's
part of the money needed to es-
tablish a new community park
may be available as soon as Jan-
uary, city officials said Tuesday.
;The city's capital improvement
plan calls for $850,000 to be set
aside for the project in 2005,
matching an equal amount set
aside under the plan for this year,
said Gary Dumas, the director of
operations. If costs come in on
thq lower side of estimates, the
2004 and 2005 funding would
cover the full amount of the city's
costs for the project, Dumas said.
The city expects its portion of
did cost to run between $1.6 mil-
IiOh and $2 million, said Mayor
Dan Coodv.
'MATT BAKER • THE MORNING NEWS
FAYETTEVILtE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Gary Dumas
Director of Operations n�
From: Clarice Buffalohead-PearmanV'
City Clerk Division
Date: September 13, 2004
Re: Res. 138-04
Attached is the resolution passed by City Council on September 7, 2004 approving an agreement with John
Nock, d/b/a Southpass Development Company to accept park land, a water tank site, $1,000,000 for park
land and ownership of 33 acre landfill. These items will be recorded in the city clerk's office and
microfilmed.
If anything else is needed please let the clerk's office know. Thanks.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
N/A
City Council Meeting Date
Engineering
Division
Action Required:
/0/os
AGget
Gtitc4l Pus
syt„Fh pass
Operations
Department
Approval of a contract with Critical Path Design, Inc. for a boundary survey for the Southpass property.
$19,950.00
Cost of this request
4470.9470.5315
Account Number
02002.10
Project Number
Budgeted Item
x
Department ► erector
1,622,936.00
Category/Project Budget
Funds Used to Date
1,622,936.00
Remaining Balance
Budget Adjustment Attached
City Attorn
T1
Firiance/an
Mayo
Internal Service Director
/0•zl--os
Community Park Development
Program Category / Project Name
Parks & Recreation Improvements
Program / Project Category Name
Sales Tax Capital Improvements
Fund Name
Previous Ordinance or Resolution #
Date Original Contract Date:
AvAgis
Date
Original Contract Number:
,�/2,7/71
Date
Received in Mayor's Office
Comments:
*j
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operatiot
From: Ron Petrie, City Engineer
Date: October 10, 2005
Subject: Southpass Surveying Contract
RFCOMMENDATION
Staff recommends approval of a contract with Critical Path Design, Inc. in the amount of
$19,950.00 to provide a boundary survey for the Southpass Park.
BACKGROUND
On July 7, 2004 the City Council approved a resolution authorizing the Mayor to execute an
agreement with Southpass Development Company to accept 200 acres of park land, a 10 acre
water tank site, one million dollars and other considerations for the City's acceptance of
ownership of a 33 acre landfill.
DISCUSSION
At this time a boundary survey is needed for the site. Critical Path Design, Inc. was selected for
this project by an engineering selection committee on September 15, 2005. They have submitted
a contract to the City that covers the items necessary for this survey project.
BUDGET IMPACT
Community Park (Project #02002.10) will be charged the $19,950.00 required for these
services.
113 WEST MOUNTAIN 72701 479-521-7700
FAX 479-575-8257
REQUEST FOR VENDOR FILE MAINTENANCE
(CHECK ALL AVAILABLE RESOURCES, VENDOR LIST. ACCESS
SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST)
DATE OF REQUEST: 10/18/05 REQUESTED BY: Matt Casey, 2119
DEPT. /DIVISION: Operations/Engineerinq EFFECTIVE DATE:
TELEPHONE EXTENSION: 429
NEW VENDOR: �✓ VENDOR CHANGE
VENDOR #:
VENDOR NAME: Critical Path Design, Inc.
STREET OR P.O. BOX: 21 W. Mountain
CITY: Fayetteville STATE: AR
AU; Clay Grote
IE-Mail clay cDcpcmi.com
REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE
NAME:
ADDRESS:
CITY. ST. ZIP:
FEDERAL ID
OR
SOCIAL
200902542
NEW VENDOR:
VENDOR CHANGES:
VENDOR RE-ENTRY:
W-9 FORM MAILED.
ASAP
0 VENDOR RE-ENTRY: O
VENDOR #:
ZIP CODE: 72701
PHONE: 527-0055
Fax 11 527-2798
TYPE OF ORGANIZATION
CORPORATION
PARTNERSHIP
INDIVIDUAL
EMPLOYEE
PENSION
NON-PROFIT
PURCHASING OFFICE USE ONLY
ENTERED BY:
DATE:
G. L. FILE:
INVENTORY FILE:
(cool: I ✓ I
(200): II
(300): II
(400): I
(500): II
(600) I
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of September 28, 2005 ("Effective Date") between
of
and Critical Path Desien. Inc.
("Owner")
("Engineer")
Engineer agrees to provide the services described below to Owner for "Southpass" ("Project").
Description of Engineer's Services: Services include a boundary survey for approximately 800 acres located south of
The City of Fayetteville. The subject property is also known as "Southpass".
Owner and Engineer further agree as follows:
1.01 Basic Agreement
A. Engineer shall provide, or cause to be
provided, the services set forth in this Agreement, and
Owner shall pay Engineer for such Services as set forth
in Paragraph 9.01.
2.01 Payment Procedures
A. Preparation of Invoices. Engineer will prepare
a monthly invoice in accordance with Engineer's
standard invoicing practices and submit the invoice to
Owner.
B. Payment of Invoices. Invoices are due and
payable within 30 days of receipt. If Owner fails to
make any payment due Engineer for services and
expenses within 30 days after receipt of Engineer's
invoice, the amounts due Engineer will be increased at
the rate of 1.0% per month (or the maximum rate of
interest permitted by law, if less) from said thirtieth day.
In addition, Engineer may, without liability, after giving
seven days written notice to Owner, suspend services
under this Agreement until Engineer has been paid in
full all amounts due for services, expenses, and other
related charges. Payments will be credited first to
interest and then to principal.
3.01 Additional Services
A. If authorized by Owner, or if required because
of changes in the Project, Engineer shall furnish services
in addition to those set forth above.
B. Owner shall pay Engineer for such additional
services as follows: For additional services of Engineer's
employees engaged directly on the Project an amount
equal to the cumulative hours charged to the Project by
each class of Engineer's employees times standard
hourly rates for each applicable billing class; plus
reimbursable expenses and Engineer's consultants'
charges, if any.
4.01 Termination
A.
The obligation
to
provide further services
under
this Agreement may
be
terminated:
For cause,
a. By either party upon 30 days written
notice in the event of substantial failure by the
other party to perform in accordance with the
Agreement's terms through no fault of the
terminating party.
b. By Engineer:
1) upon seven days written notice
if Engineer believes that Engineer is
being requested by Owner to furnish or
perform services contrary to Engineer's
responsibilities as a licensed
professional; or
2) upon seven days written notice
if the Engineer's services for the Project
are delayed or suspended for more than
90 days for reasons beyond Engineer's
control.
3) Engineer shall have no liability
to Owner on account of such
termination.
I or4
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright 02002 National Society or Professional Engineers for EJCDC. All rights reserved.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of a
substantial failure under paragraph 4.0I.A.I.a
if the party receiving such notice begins,
within seven days of receipt of such notice, to
correct its failure and proceeds diligently to
cure such failure within no more than 30 days
of receipt of notice; provided, however, that if
and to the extent such substantial failure
cannot be reasonably cured within such 30 day
period, and if such party has diligently
attempted to cure the same and thereafter
continues diligently to cure the same, then the
cure period provided for herein shall extend
up to, but in no case more than, 60 days after
the date of receipt of the notice.
2. For convenience, by Owner effective upon the
receipt of notice by Engineer.
B. The terminating party under paragraphs
4.01.A.1 or 4.01.A.2 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Engineer to demobilize personnel and
equipment from the Project site, to complete tasks whose
value would otherwise be lost, to prepare notes as to the
status of completed and uncompleted tasks, and to
assemble Project materials in orderly files.
5.01 Controlling Law
A.
This
Agreement is to
be governed
by the law
of the
state in
which the Project
is located.
6.01 Successors, Assigns, and Beneficiaries
A. Owner and Engineer each is hereby bound and
the partners, successors, executors, administrators, and
legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 6.01.B the assigns of
Owner and Engineer) are hereby bound to the other
party to this Agreement and to the partners, successors,
executors, administrators, and legal representatives (and
said assigns) of such other party, in respect of all
covenants, agreements, and obligations of this
Agreement.
B. Neither Owner nor Engineer may assign,
sublet, or transfer any rights under or interest (including,
but without limitation, moneys that are due or may
become due) in this Agreement without the written
consent of the other, except to the extent that any
assignment, subletting, or transfer is mandated or
restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from
any duty or responsibility under this Agreement.
7.01 General Considerations
A. The standard of care for all professional
engineering and related services performed or furnished
by Engineer under this Agreement will be the care and
skill ordinarily used by members of the subject
profession practicing under similar circumstances at the
same time and in the same locality. Engineer makes no
warranties, express or implied, under this Agreement or
otherwise, in connection with Engineer's services.
Engineer and its consultants may use or rely upon the
design services of others, including, but not limited to,
contractors, manufacturers, and suppliers.
B. Engineer shall not at any time supervise,
direct, or have control over any contractor's work, nor
shall Engineer have authority over or responsibility for
the means, methods, techniques, sequences, or
procedures of construction selected or used by any
contractor, for safety precautions and programs incident
to a contractor's work progress, nor for any failure of
any contractor to comply with laws and regulations
applicable to contractor's work.
C. Engineer neither guarantees the performance of
any contractor nor assumes responsibility for any
contractor's failure to furnish and perform its work in
accordance with the contract between Owner and such
contractor.
D. Engineer shall not be responsible for the acts
or omissions of any contractor, subcontractor, or
supplier, or of any contractor's agents or employees or
any other persons (except Engineer's own employees) at
the Project site or otherwise furnishing or performing
any of construction work; or for any decision made on
interpretations or clarifications of the construction
contract given by Owner without consultation and advice
of Engineer.
E. The general conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract
Documents Committee (No. C-700, 2002 Edition).
F. All design documents prepared or furnished by
Engineer are instruments of service, and Engineer
retains an ownership and property interest (including the
copyright and the right of reuse) in such documents,
whether or not the Project is completed.
G. To the fullest extent permitted by law, Owner
and Engineer (I) waive against each other, and the
other's employees, officers, directors, agents, insurers,
partners, and consultants, any and all claims for or
entitlement to special, incidental, indirect, or
consequential damages arising out of, resulting from, or
in any way related to the Project, and (2) agree that
Engineer's total liability to Owner under this Agreement
shall be limited to $50,000 or the total amount of
compensation received by Engineer, whichever is
greater.
H. The parties acknowledge that Engineer's scope
of services does not include any services related to a
Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or
waste, and radioactive materials). If Engineer or any
other party encounters a Hazardous Environmental
Condition, Engineer may, at its option and without
liability for consequential or any other damages, suspend
performance of services on the portion of the Project
affected thereby until Owner: (i) retains appropriate
specialist consultants or contractors to identify and, as
appropriate, abate, remediate, or remove the Hazardous
Environmental Condition; and (ii) warrants that the Site
is in full compliance with applicable Laws and
Regulations.
2 or4
EJCDC E-520 Short Form or Agreement Between Owner and Engineer for Professional Services
Copyright ° 2002 National Society of Professional Engineers for EJCDC. Ali rights reserved.
8.01 Total Agreement
A. This Agreement (consisting of pages 1 to 4
inclusive together with any expressly incorporated
appendix), constitutes the entire agreement between
Owner and Engineer and supersedes all prior written or
oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
3 of 4
EJCDC E-520 Short Form of Agreement Between Omer and Engineer for Professional Services
Copyright 02002 National Society of Professional Engineers for FJCDC. All rights reserved.
9.01 Payment (Lump Sum Basis)
Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer as follows:
1. A Lump Sum amount of $ 19,950.00
IN WITNESS WHEREOF, the panics hereto have executed this Agreement, the Effective Date of which is indicated
on page 1.
OWNER:
By:
Title:
Date Signed:
Address for giving notices
ENGINEER: Critical Path
thh Design, Inc.
By:
Title: P/1%1C ./a /
Date Signed: g��OO
License or Certificate No. and State 1154 AR
Address for giving notices:
21 West Mountain, Ste 121
Fayetteville, AR 72701
4 ot4
(Lump Sum Basis)
EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
Copyright 02002 National Society or Professional Engineers for EJCDC. All rights reserved.
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Clarice Pearman - Critical Path_Design _ __ _ ___ _ Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 10/31/05 4:48PM
Subject: Critical Path Design
Ron,
Attached is a copy of the agreement with Critical Path Design for the boundary survery. I will return to you
two of three signed originals via interoffice mail. I will also forward your purchase requisition to the Internal
Auditor.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki
Pro Land Title
2713 SE I Street, Suite 7
Bentonville, AR 72712
479-271.6003 or Fax 479-271-6075
City of Fayetteville
Attn: Mayor Dan Coody
113 W. Mountain
Fayetteville, AR 72703
�peeka( Wat fa4'ly
C1L Cif G•
Please find enclosed the following documents:
Original Special Warranty Deed
Thank you for choosing Professional Land Title Company of Arkansas to Close your Loan.
If you have any questions, please contact our office. Thank you for your business.
Sincerely, (1�&Bl1e6nsh&ip Ti
Final Policy Department
Enc.
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Recorded: 009273010006
0%28% 20050atr01:33:40 PM
Fee Mit: SPECIAL WARRANTY DEED shlnaton2Count�. AR
1 of 6
M
Bette Stemos Circuit Clerk
F11e2005-00048123
KNOW ALL MEN BY THESE PRESENTS:
That C. & L. Land Co., Inc. a corporation organized under and by virtue of the
laws of the State of Arkansas, by its President and Secretary, duly authorized by proper
resolution of its Board of Directors, in consideration of the sum of TEN DOLLARS
($10) and other valuable considerations, paid by the City of Fayetteville, Arkansas, the
receipt of which is hereby acknowledged, does hereby grant, sell and convey unto the
City of Fayetteville, Arkansas, its successors and assigns forever, the following
described land situated in the County of Washington, State of Arkansas:
Starting at the SW Comer of Section 30 Township 16N
Range 30W.
Thence:
S87 -20-41.0268E 947.368, S4 -18-51.4876W 5.027, more
or less, to the point of beginning, said point being further
described in State Plane Coordinates at 658609.008
624159.812,
Thence:
N4 -18-51.4876E 99.355,
N29 -53-33.6022E 205.311,
N50 -54-22.1080W 30.881,
S58 -27-31.1659W 353.169,
N3 -45-3.3747W 69.105,
N33 -10-44.9698E 101.575,
N12 -14-10.0074W 147.076,
N59 -18-19.1298W 137.058,
N13 -29-43.1727E 140.965.
N51 -54-24.7299E 126.318,
N30 -22-44.8536E 85.532,
N4 -29-49.7458W 113.577,
N9 -9-33.3492E 124.227,
N36 -40-57.8683E 75.51,
N73 -4-20.9530E 91.758,
N25 -18-22.9532E 252.506,
N7 -1-42.2265W 144.432,
N80 -47-20.3042W 147.209,
, 1 .
• 1
N3 -46-38.3683E 43.824,
N69 -0-4.6115E 134.909,
N18 -26-54.4537E 151.344,
N45 -34-43.4121E 137.47,
N78 -45-57.4792E 107.89,
S61 -48-52.3953E 123.395,
S36 -42-18.1263E 135.18,
S66 -13-53.0714E 130.631,
S84 -30-33.4630E 127.845,
S68 -47-26.7859E 91.431,
N85 -14-45.1645E 117.452,
S31 -9-21.6273E 142.592,
S I1-12-21.4110 W 104.712,
S66 -48-5.0744W 51.659,
SI 1-18-35.7569W 34.587,
S43 -7-14.2372E 134.364,
S4 -57-24.0658W 93.546,
S59 -37-54.4190W 143.848,
S0 -46-50.2966W 58.32,
S78 -6-40.8311E 98.808,
S52 -54-7.9019E 170.551,
S3 -35-24.6717W 384.682,
S74 -31-16.9026W 126.287,
N89 -22-34.4361W 458.075,
S9 -22-34.4779E 386.506,
S88 -40-4.0085E 80.536,
S44-57-O.1837E 142.362,
Thence N87 -23-13.6480W 802.329 to the P.O. B.
Containing 39.6 Acres More or Less
PROVIDED, however, this conveyance is subject to the following conditions
and exceptions:
1. Matters that would be reflected on an accurate ALTA/ACSM Land Title Survey
of the land, including all additional survey requirements;
2. Matters that are disclosed by the Site Characterization Report, Former C&L
Landfill, West Washington County Road #200, Fayetteville, Washington County,
Arkansas;
2
3. Applicable zoning, building and land use laws, codes and ordinances;
4. Public or private roads, highways, streets and alleys, if any;
5. Easements and restrictions of record; and
6. All oil, gas, coal and other minerals and minerals rights are reserved by the
Grantor.
PROVIDED FURTHER the City of Fayetteville accepts title to the land subject
to the conditions and exceptions stated herein and agrees that: (i) any park that is
established on the land will be named in honor of Judge L. Maupin Cummings; and
(ii) the said City will use and maintain the land in accordance with applicable laws
and regulations.
TO HAVE AND TO HOLD the same unto the City of Fayetteville, Arkansas, its
successors and assigns forever, with all tenements, appurtenances and hereditaments
thereunto belonging. And C. & L. Land Co., Inc. hereby covenants with the City of
Fayetteville, Arkansas that it will forever warrant and defend the title to said lands
against all claims and encumbrances done or suffered by or through it, but against none
other.
IN WITNESS WHEREOF, the name of the grantor is hereunto affixed by its
President and its seal affixed by its Secretary, this it, day of October, 2005.
C. & L. Land Co., Inc.
ATTEST:
Secretary
3
Conveyance of the land is accepted this 1t*day of October, 2005.
City of Fgf+e$eville, Arkansas
Mayor
I certify under penalty of false swearing that at least the Dally c rrect amount
of documentary stamps has been placed on this instrument.
City of Fayetteville, Arkansas
By:
W. ` JU
4
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF SEBASTIAN )
On this f�vday of October, 2005, before me, the undersigned, a Notary Public,
duly commissioned, qualified and acting, within and for said County and State,
appeared in person the within named Robert E. Bomberger, being the person or persons
authorized by said corporation to execute such instrument, stating his respective
capacities in that behalf, to me personally well known, who stated that he was the
President and Secretary of C.&L. Land Co., Inc., a corporation, and is duly authorized
in his respective capacities to execute the foregoing instrument for and in the name and
behalf of said corporation, and further stated and acknowledged that he had so signed,
executed and delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
ay of October, 2005.
My Commission Expires:
1/- i-or
4
tl GTA R y
(JBL%C:4
P:
N ..
*Y1 � S�'2L -WAR
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF ;J6L)
On this 3' -day of — 2005, before me, a Notary Public, duly
commissioned, qualified and acting within the State and County aforesaid, appeared in
person the within named 1>0L vi. COO 0 , to me personally well
known, who stated that he is Mayor of the City of Fayetteville, Arkansas, and as such
was duly authorized in that capacity to execute the foregoing instrument for and in the
name and behalf of said city, and further stated and acknowledged that he had so
signed, executed and delivered said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on the date
first mentioned above.
N: \DEEDFORN\SPECIAL.WAR
Washington County, AR
I certify this instrument was filed on
10/26/2005 01:33:40 PM
and recorded in Real Estate
File Number 2005-00048123
Bette Stamps - Circuit Cie
by