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99-04 RESOLUTION
RESOLUTION NO. 99-04 A RESOLUTION TO AUTHORIZE THE EXPENDITURE OF $750,000.00 FOR CAPITAL IMPROVEMENTS FOR THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE PARK 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 authorizes the expenditure of $750,000.00 for capital improvements to the Workshop/Horticulture Center building and the entry and grounds infrastructure pursuant to the contract attached as Exhibit A. The mayor is authorized to execute this contract based upon the 4,080 square foot Workshop/Horticulture Center building to be named in honor of volunteer Executive Director Carl Totemeier. This expenditure to complete the Carl Totemeier building and build the driveway, parking lot and other grounds infrastructure is supported by adequate consideration including: anticipated increase of tourism revenue, free access to the facility for school children on official school sponsored academic visits, improvements to city property with free access for city residents every Saturday moming, and enhancement of the cultural and scientific offerings to Fayetteville citizens and tourists. PASSED and APPROVED this 6`h day of July, 2004. ER fq ', s_,c)•.'G\S Y �O,c :�,Gp ;V: : 0 • CONTRACT • The City of Fayetteville and the Botanical Garden of the Ozarks, Inc. hereby agree as follows: 1. The City of Fayetteville Agrees to invest $750,000 00 for capital projects to be completed by the Botanical Garden of the Ozarks, Inc. on city property at Lake Fayetteville Park as detailed below: A. The City agrees to invest $500,000.00 with the Botanical Garden of the Ozarks, Inc. so it will complete the 4,080 square foot timber frame workshop/horticulture center substantially as shown on the architectural drawing presented to the City Council. This timber frame building referred to as the Workshop/Horticulture Center shall be named in honor of Executive Director Carl Totemeier. B. The City agrees to invest $250,000.00 with the Botanical Garden of the Ozarks so it may construct and landscape the entry and grounds infrastructure (including the driveway, parking area, walkways, Great Lawn, etc.) as shown on the architectural drawing presented to the City Council. 2. The Botanical Garden of the Ozarks, Inc. agrees to name the 4,080 square foot timber frame building designed as a Workshop/Horticulture Center in honor of Executive Director Carl Totemeier. A. The Botanical Garden of the Ozarks agrees to use the $500,000.00 investment of money from the City to complete this building as quickly as possible and in a manner substantially in conformance with the architectural drawing presented to the City Council. B. The Botanical Garden of the Ozarks agrees to use the $250,000.00 investment of money from the City to construct the entry and grounds infrastructure (driveway, parking area, walkways, Great Lawn, etc.) as shown on the architectural drawing presented to the City Council. 3. Both parties agree that all of the $750,000.00 invested by the City to enhance and construct capital improvements on city land will be used • • • • exclusively for capital costs and not for overhead or operating costs of the Botanical Garden of the Ozarks, Inc. 4. The Botanical Garden of the Ozarks agrees to provide free access to the Botanical Garden to Fayetteville school children on official, school sponsored academic visits to the Botanical Garden as well as free access to all Fayetteville residents to the Botanical Garden on Saturday mornings. Access to certain special displays, areas, or buildings may be limited; but the Great Lawn, surrounding Display Gardens and the Carl Totemeier Workshop and Horticulture Center Building shall be free to the public on Saturday mornings. 5. If either the completion of the Carl Totemeier Building or entry and grounds infrastructure construction costs do not require the entire amount herein allocated to either project, the Mayor may by written agreement authorize the remaining funds to be used for any other capital project or improvement requested by the Botanical Garden of the Ozarks. (Attached as Exhibit 12 is the sheet provided by the Botanical Gardens of the Ozarks to the City Council showing the improvements to be made with the $750,000.00 city investment.) In Agreement With All The Terms And Conditions Above And In Witness Whereof the parties hereto have set their hands and seals this /(ffh day of July, 2004. BOTANICAL GARDEN OF THE OZARKS, INC. jun , 21 islo By: cin�l • BLAIR R. b HANSON President of the Board CITY OF FAYETTEVILLE, ARKANSAS Attest: DAN COODY Mayor •`'"'�RKll TRp ., �Gl(YSG •A• •• • r.o. • N� ; FAYEITEVILLE' E t: says9,9 VEDJ2` Sondra Smith, City Clerk 'feetiittY CP %% '•j- 1 �-i� I 1>u� • •41 .len oL Il 0ria-AC r C—, wit -en -RA— %.- %t.. -1>-— M :..11-=1' _al r • ----r----1=1' at, "0 1r i}I `1.I4 1.91_.\ I ►.' IY/C lip ;® I Trig_ ,ilk/et:.;f i/IY se,/ . .ta' if ____ pgNPvyIA 5 NAME OF FILE: CROSS REFERENCE: Item # Date r Resolution No. 99-04 w/agreement Document 1 06/23/04 Staff Review Form 2 draft resolution 3 powerpoint presentation 4 copy of email to Kit Williams 5 copy of email to cpearman 6 unsigned contract 7 memo to Robert Rhoads 8 copy of Budget Adjustment 9 10 11 12 13 14 15 16 17 NOTES: ALDERRAN AGENDA REQUEST FOTiM FOR: COUNCIL MEETING OF JULY 6, 2004 7/6/0' q9-0 L 4 Lor teak1 6 cdnt, o� the, © 'ks FROM: ALDERMAN ROBERT RHOADS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Consider Spending As Much As $750,000.00 In The Development The Botanical Garden Of The Ozarks At Lake Fayetteville Park APPROVED FOR AGENDA: ROBERT RHOA S, Alderman Date 6 z3/o4 City Attorney as to form) Date RESOLUTION NO. A RESOLUTION TO CONSIDER SPENDING AS MUCH AS $750,000.00 IN THE DEVELOPMENT OF THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE PARK 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 expresses its intent to consider spending as much as $750,000.00 in the development of the Botanical Garden of the Ozarks at Lake Fayetteville Park. PASSED and APPROVED this 6th day of July, 2004. APPROVED: fiC By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • • Botanical Garden of the Ozarks Presentation Fayetteville City Council July s, 2004 Botanical Garden of Ine Ozarks Request of Protect Capital Funding BGO Phase la 5750,000 • Workshop/Horticulture Center- $500K (4080 Square feet) • Entry & Grounds Inhasoucture - $250K (4 toy acres) Botanical Garden of the Ozarks Request of Project Funding 800 Phase la 5750,000 Allocation of Wilson Springs Properly Sale Proceeds— Economic Development < 15% of Total Proceeds Botanical Garden of the Ozarks 1 • Request of City Funding Purchased Services Si ROI O D•veiopment ofa Cultural Destination Venue 9 Seasoned and Diverse Development Team 9 Educational Support for School Children a Increase Properly Value for City Owned Properly O City Goals: Clean and Green and U of A Parmarsinp O Return on Purchased Services — Tourism $ O Sell -Supported Revenue and Expense Center Botanical Garden of the Ozarks BGO MISSION The Botanical Garden of the Ozarks' mission will be a source of knowledge and Inspiration that will heighten people's understanding and appreciation of plants, and further preservation and enhancement of the natural world. Botanical Garden of the Ozarks BGO GOALS • Education and Conservation • Recreation • Therapeutic and Social Venue • All citizens of Fayetteville and NWA • In State and Out of State Visitors eca0 Botanical Garden of the Ozarks • 2 • BGO VISION Building and maintaining a premiere botanical garden for Fayetteville, Northwest Arkansas and this region of the country. Botanical Garden of the Ozarks BGO History • BGSO famed as e 601(cµ in 1994 • Original lease In 1997-a acres • GeNen Master Plan 2001 • New Lease in 2003 - Free Access on Saturday Mornings • Master Ran I Rase 1a approved by Parka and Rec. - 2003 • Timber Framed WorkNapalaticuaae Corder (Nov. - 2003) • Large Scale Development BOO Phase 1a - City Planning - 6104 • Request for Prefect Service Funding -Cay Council 119/ Botanical Garden of the Ozarks BGO FUNDING ACTIVITY CASH REVENUE • Revenue Past Five Yams 7670,978 • Funding Sources: (puMlclpdvate organluaons:foundations and individuals) • City of Fayetteville - 11% - PwUal Funding of Master Ran • Fayetteville A & P Commission - 17% - Master Ran l Site Dev. Botanical Garden of the Ozarks • 3 • BGO FUNDING ACTIVITY IN-KIND GIVING • In-Idnd non-cash Mrd raising donations peat Ove years: 399,076 • Over 3,000 volunteer horns In 2003 Estimated Value - f160K ' • 5Oa Development & TImber Frame CamWcdm - $121,709 • Interim Executive Director - 3 years (1,000 hens .) Priceless Botanical Garden of the Ozarks REVENUE EXPENSES Selarias 37% Wm Pin Feasibility Study, Planning 22% Ococe and Administrative OM 20% Botanical Garden Site Maintenance/Des. 6% Fund Raising Events 6% Timber Frame Development 6% BGO REVENUE & EXPENSES (1999-2003) $630,634 Botanical Garden of the Ozarks Botanical Garden of the Ozarks PHASE la Big projects sometimes start as small seedlings! "Need for Seed Capital" Botanical Garden of the Ozarks • 4 • ,rr 1 r. wr4` .off ue� �—i.ti_'p • 5 • • Botanical Garden of the Ozarks BENEFITS • Compliments some of IM Cat's 3008 Strabgk Goals • Enhances tiro cultural offerings for N.W. Arkansas citizens • Edueatiaul, Recreational, Conumtiaral. Economic Goals • Positive economic ra0on - ay and full by Meal= venue • increased value tar City owned property • Attraction to NWA- BtWrwssu, Families and Confamncu 441141 nCso Bmarncal Game iol th �Ozarhs City of Fayetteville: Goals for 2008 COorthoOgOaosos 0®ell 0aacarasy Planned and Managed Growth OOsoolb#MOM0 staCU)mo8bacww armQOat The Square - Dickson Street - University Improved Mobility and Street Quality cataliglabOOMWtafirnollbtinv o otlT ObdnOtONQtl- MOM 90fGOMM 6 • • • CULTURAL OFFERINGS — CROWN JEWELS University of Arkansas Walton Arts Center Downtown/Dickson Street Entertainment District Botanical Garden of the Ozarks Botanical Garden of the Ozarks EDUCATION and RECREATION • NWA Area Students K-12: Science Curt. • University Students - Intemships • All families — Free Admission (Sat AM) • Home Lawn and Garden Education Botanical Garden of the Ozarks ECONOMIC DEVELOPMENT RETURN ON INVESTMENT • Annual Sales Tax Retum (11%) - $LOOK+ • Annual Tourism Impact SIMM to SIMM • New Employer Payroll: $50011 to $IMM+ • Attracting New Businesses— Cultural Offerings. • Private and Foundational Investors: Enhanced Property Value for City Properly and Contiguous Properties 7 • ECONOMIC DEVELOPMENT Longwood Graduate Program In Public Horticulture University of Delaware 2004 Graduate Student Research Study • County & State Economies: $2.1- $13.2 MM • Between 27 and 780 Jobs created Botanical Garden of the Ozarks BGO CAPITAL DEVELOPMENT PLAN "Be on Site end They will Come" • Private funding for Phase la Gardens • Local Foundations and Private Donors • Corporate Donors • Arkansas Department of Parks and Tourism • Arkansas Department of Fish and Game • National Botanical Garden Foundations • National Foundations - Education Focus • State of Arkansas - University Internships • Watershed and Steam Enhancement Grants BGO OPERATIONAL FUNDING (Self-sustaining) • 60% Revenue - BGSO Membership Dues, Admission Fees, Event Rentals, Class Fees and Retail Sales. • 4O% Revenue- Fund Raising Events, Grants, Donations and Foundations cco Botanical Garden of the Ozarks • 8 • • Botanical Garden of the Ozarks Why City of Fayetteville Support? • Sad Funding Support to Implement Phase to • $750,000 • We than P50,000 — Project Delayed, Donor Geste Smaller and Substandard Duality • Completion of Building and Grouch I nfrasbuenoe — Dec. 2004 • Gardens Designed In 2004 and Planted In Spring, 2005 • Opan to the Public and Student' In Spring. Summer, Fall - 2005 Botanical Garden of the Ozarks • 9 Clarice Pearman - Botanical Garden contract From: Clarice Pearman To: Williams, Kit Subject: Botanical Garden contract I received a message from Judy that you were preparing this contract. Please let me know when I might expect this to continue the resolution. Thanks. Clarice Pearman - Re: Botanical Garden cont a Page 1 l II From: Kit Williams To: Pearman, Clarice Date: 7/9/04 2:32PM Subject: Re: Botanical Garden contract I gave it to the Botanical Garden rep yesterday and am awaiting their approval and signature. »> Clarice Pearman 07/09/04 12:46PM »> I received a message from Judy that you were preparing this contract. Please let me know when I might expect this to continue the resolution. Thanks. • • • CONTRACT The City of Fayetteville and the Botanical Garden of the Ozarks, Inc. hereby agree as follows: 1. The City of Fayetteville agrees to invest $750,000.00 for capital projects to be completed by the Botanical Garden of the Ozarks, Inc. on city property at Lake Fayetteville Park as detailed below: A. The City agrees to invest $500,000.00 with the Botanical Garden of the Ozarks, Inc. so it will complete the 4,080 square foot timber frame workshop/horticulture center substantially as shown on the architectural drawing presented to the City Council. This timber frame building referred to as the Workshop/Horticulture Center shall be named in honor of Executive Director Carl Totemeier. B. The City agrees to invest $250,000.00 with the Botanical Garden of the Ozarks so it may construct and landscape the entry and grounds infrastructure (including the driveway, parking area, walkways, Great Lawn, etc.) as shown on the architectural drawing presented to the City Council. 2. The Botanical Garden of the Ozarks, Inc. agrees to name the 4,080 square foot timber frame building designed as a Workshop/Horticulture Center in honor of Executive Director Carl Totemeier. A. The Botanical Garden of the Ozarks agrees to use the $500,000.00 investment of money from the City to complete this building as quickly as possible and in a manner substantially in conformance with the architectural drawing presented to the City Council. B. The Botanical Garden of the Ozarks agrees to use the $250,000.00 investment of money from the City to construct the entry and grounds infrastructure (driveway, parking area, walkways, Great Lawn, etc.) as shown on the architectural drawing presented to the City Council. 3. Both parties agree that all of the $750,000.00 invested by the City to enhance and construct capital improvements on city land will be used • • exclusively for capital costs and not for overhead or operating costs of the Botanical Garden of the Ozarks, Inc. 4. The Botanical Garden of the Ozarks agrees to provide free access to the Botanical Garden to Fayetteville school children on official, school sponsored academic visits to the Botanical Garden as well as free access to all Fayetteville residents to the Botanical Garden on Saturday mornings. Access to certain special displays, areas, or buildings may be limited; but the Great Lawn, surrounding Display Gardens and the Carl Totemeier Workshop and Horticulture Center Building shall be free to the public on Saturday mornings. 5. If either the completion of the Carl Totemeier Building or entry and grounds infrastructure construction costs do not require the entire amount herein allocated to either project, the Mayor may by written agreement authonze the remaining funds to be used for any other capital project or improvement requested by the Botanical Garden of the Ozarks. (Attached as Exhibit 12 is the sheet provided by the Botanical Gardens of the Ozarks to the City Council showing the improvements to be made with the $750,000.00 city investment.) In Agreement With All The Terms And Conditions Above And In Witness Whereof the parties hereto have set their hands and seals this day of July, 2004. BOTANICAL GARDEN CITY OF FAYETTEVILLE, OF THE OZARKS, INC. ARKANSAS By: By: BLAIR R. JOHANSON DAN COODY President of the Board Mayor Attest: Sondra Smith, City Clerk