HomeMy WebLinkAbout198-05 RESOLUTION•
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RESOLUTION NO. 198-05
AI
A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN
ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OF 5250,000.00 FOR THE CONSTRUCTION OF PHASE 1A OF
THE BOTANICAL GARDENS.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and
wishes to seek grant funding assistance; and,
WHEREAS, in order to obtain the funds necessary to develop and/or improve the site
for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas
Department of Parks and Tourism's Outdoor Recreation Grant Program; and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the
grantee and grantor will enter into a binding agreement which obligates both parties to the
policies and procedures contained in the Land and Water Conservation Fund Grants Manual
including, but not limited to the following: the park area defined by the project boundary map,
submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if
the property is bought or developed with matching grant funds and; all present and future
overhead utility lines within the project boundary must be routed away or placed underground
and; the project area must remain open and available for use by the public at all reasonable times
of the day and year; facilities can be reserved for special events, league play, etc. but cannot be
reserved, leased, or assigned for exclusive use, and; the project area must be kept clean,
maintained, and operated in a safe and healthful manner. The City Council of the City of
Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will
provide the local portion of the development cost of the entire project.
NOW, THEREFORE, 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 Mayor in conjunction with the Botanical Garden Society of the Ozarks to make application to
the Arkansas Department of Parks and Tourism for assistance, in the amount of 5250,000.00, to
develop recreation facilities for the City, to wit: the construction of I'hase 1A of the Botanical
Gardens. Therefore, such application shall be submitted as expediently as possible.
PASSED and APPROVED this 4th day of October, 2005.
ATTEST.
By:
SONDRA SMITH, City Clerk
APPROVE
By: d x.24
DAN COODY, Mayor
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City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
4 -Oct -05
((��
City Council Meeting Date
David Wright/Connie EdmonstorC. Parks and Recreation Operations
Submitted By
Division
Action Required:
Department
Resolution approving Parks and Recreation and the Botanical Garden Society of the Ozarks to submit an Outdoor
Recreation Grant to the Arkansas Department of Parks and Tourism, in the amount of $250,000.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
x
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Department Dir- for
/S -os
Date
CityA�eyicior
Finance apd Internal Service Director Date
Mayor
at(
5/boh
Date
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Comments:
•
• City Council Meeting of October 4
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
Connic Edmonston, Parks and Recreation DjrgctoC
From: David Wright, Recreation Superintendent
Date: September 14, 2005
Subject: Resolution to apply for Arkansas Outdoor Grant Program
RECOMMENDATION
Parks and Recreation Staff requests City Council's approval of this resolution authorizing
Parks and Recreation and thc Botanical Garden Society of the Ozarks (BGSO) to apply
for S250,000 from the Arkansas Parks and Tourism Outdoor Recreation Grant Program
for the new Botanical Gardens site at Lake Fayetteville.
BACKGROUND
On August 16, City Council passed Resolution Number 164-05, authorizing Parks and
Recreation, in conjunction with BGSO to apply for a grant from Arkansas Department of
Parks and Tourism. If awarded, BGSO will utilize these funds for Phase IA of their
project, which will include a studio workshop with offices, meeting/lecture space, an
arrival plaza, the Great Lawn, themed gardens and a green house. This grant was
completed and successfully submitted to the State on August 22, 2005.
DISCUSSION
On August 29, 2005, the State completed the preliminary review of our Grant
Application. The State's response indicated our City Resolution was not adequate. Our
resolution authorized Parks and Recreation and BGSO to apply and receive the grant.
However, the state needs verification that City Council authorizes the "grantor and the
grantee to enter into a binding agreement which obligates both parties to policies and
procedures contained in the Land and Water Conservation Fund Grants Manual." Parks
and Recreation consulted the City Attorney's office and decided based on the State's
request, to re -word the resolution to suit their needs. Because of the new wording in the
resolution, it must be approved by City Council.
As we informed you last month, receiving state/federal dollars for the project will not
affect thc current relationship with the Department of Parks and Tourism. The BGSO
leased land is already committed in the Land and Water Conservation Fund and is being
maintained following the policies and procedures stated in the Land and Water
Conservation Fund Grants Manual.
BUDGET IMPACT
This project will have no immediate impact on the City of Fayetteville's budget. The
State/Federal funds will be routed through the City of Fayetteville to the BGSO.
City Council Meeting of October 4 •
Agenda Item Number
Attachments:
Mono to Council dated July 27, 2005
Resolution Paced August 16, 2005
Pmposed Resolution
Public Meeting Minutes June 6, 2005
PRAB Meeting Minutes June 6, 2005
Phase 1 A Conceptual Plan
BGSO/City of Fayetteville Agreement
Conditions of Arkansas Outdoor Recreation Grant
Email from Gordon Wilboum to Stephen Davis — July 13, 2005
Parks and Tourism response so City of Fayetteville
• •
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN
ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN
THE AMOUNT OF $250,000.00 FOR THE CONSTRUCTION OF PHASE IA OF
THE BOTANICAL GARDENS.
WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and
wishes to seek grant funding assistance; and,
WHEREAS, in order to obtain the funds necessary to develop and/or improve the site
for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas
Department of Parks and Tourism's Outdoor Recreation Grant Program; and,
WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the
grantee and grantor will enter into a binding agreement which obligates both parties to the
policies and procedures contained in the Land and Water Conservation Fund Grants Manual
including, but not limited to the following: the park area defined by the project boundary map,
submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if
the property is bought or developed with matching grant funds and; all present and future
overhead utility lines within the project boundary must be routed away or placed underground
and; the project area must remain open and available for use by the public at all reasonable times
of the day and year; facilities can be reserved for special events, league play, etc. but cannot be
reserved, leased, or assigned for exclusive use, and; the project area must be kept clean,
maintained, and operated in a safe and healthful manner. The City Council of the City of
Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will
provide the local portion of the development cost of the entire project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY •F
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arka as 1: r Z=thorizes
the Mayor in conjunction with the Botanical Garden Society of the • r e :• e a • iti ation to
the Arkansas Department of Parks and Tourism for assistant nr .moi .f $2 oyo10.00, to
develop recreation facilities for the City, to wit: the construe • 1 7 Phase lA oft I: otanical
Gardens. Therefore, such application shall be sub y: ted as exped
PASSED and APPROVED this
SMI H, City Clerk
DAN COODY, Mayor
FAYETTEALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
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To: Mayor Coody and City Council
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Parks and Recreation Director
FROM: David Wnght, Recreation Superintendent
DATE: July 27, 2005
SUBJECT: Resolution to apply for Arkansas Outdoor Grant Program
Background
The Land and Water Conservation Fund (LWCF) is a federal program with funds derived from
the sale of federal surplus real estate property, federal motor boat fuel tax, and Outer Continental
Shelf mineral receipts. The Arkansas Natural and Cultural Resources Grant and Trust Fund
(NCRGTF) is a state program with funds collected from a tax on the transfer of certain real estate
in the State of Arkansas. LWCF and NCRGTF funds are included in the Department of Parks
and Tourism's Outdoor Recreation Grants Program for funding outdoor recreation facilities.
Only incorporated citics and counties may apply. This is a 50/50 reimbursable matching grant
with a $250,000 maximum request on matching funds. Last year, Arkansas Parks and Tourism
awarded our City with $40,000 for construction of Braden Park. In 2002, the City of Fayetteville
was awarded $100,000 for construction of the skate park. This year's grant deadline is August
28, 2005. A resolution from the City of Fayetteville is required to apply for the grant.
Current Status
On, June 6th, a public meeting was held to gather input from the public of their recreational
desires and to prioritize an eligible grant project. An outreach to groups such as ethnic minority
populations, the elderly and persons with disabilities was attained through group meetings. It was
determined after obtaining public input that a grant for the Botanical Garden Society of the
Ozarks should be submitted. Immediately following the meeting, Parks and Recreation Advisory
Board endorsed the decision from the public meeting, recommending to City Council that the
Parks and Recreation Division work with the Botanical Gardens to complete the grant
application.
The grant application must include detailed budgets, plans, specifications and bid documents that
are ready for immediate bid and construction. Facilities constructed with this grant must be
accessible to the handicapped. The plans for thc Botanical Gardens are completed and the
facilities are completely ADA accessible. The grant also asks the application to specify how the
funding meets the needs of the community. Based on the recommendation from the Parks and
Recreation Master Plan, our division has tried to provide a wider diversity of recreation
programming. The Botanical Garden provides thc wishes of program diversity for the Citizens of
Fayetteville.
Only municipalities can apply for the grant. However, municipalities can work with other
agencies to submit grants. The two organizations must have a lease/working agreement,
something the City of Fayetteville and BGSO has had since 1997. If awarded the grant, BGSO
will be completely responsible for the bidding, development and payment of a contractor(s) for
Phase IA of the site. Phase IA will include a studio workshop with offices, meeting space and
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rooms for lectures, an arrival plaza, the Great Lawn, themed gardens, green house and public
parking. The BGSO will be responsible for submitting the payment receipts and invoices to the
State of Arkansas and the City. Once the State pays the city, the money will be receipted as grant
revenue and reimbursed to BGSO.
This grant contains twelve (12) obligations covering everything from compliance of the
Americans for Disabilities Act to property retained in perpetuity for outdoor recreation usc. The
land and the project our department would like to apply for grant funds each meet these
obligations, provided we are not violating any agreement with our outstanding water and sewer
bonds. Lake Fayetteville is owned by the Water and Sewer Fund. If at any time the City should
default on bond payments, this property could be lost. All of the Lake Fayetteville property is
currently contained within an Arkansas Parks and Tourism Park Boundary. In 1994 the City was
awarded grant funding for the pavilion at Veterans Memorial Park. This park boundary
establishes the land to remain for outdoor recreation use for perpetuity.
Section 6(f)(3) of the LWCF Act states "No property acquired or developed with assistance
under this section shall, without the approval of the Secretary of the United States Department of
the Interior, be converted to other than public outdoor recreation use. The Secretary shall
approve such conversion only if he/she finds it to be in accordance with the then existing
Statewide Comprehensive Outdoor Recreation Plan (SCORP) and only upon such conditions as
he/she deems necessary to assure the substitution of other recreation properties of at least equal
fair market value and of reasonable equivalent usefulness and location." If this property must
ever be used for anything other than recreational use, it is possible to convert the park boundary.
The City is currently going through the process with the property across Highway 265.
Recommendation
After discussing this scenario with Assistant City Attomey David Whitaker, Parks and
Recreation requests City Council approval of a resolution to authorize the City, in conjunction
with the Botanical Gardens Society of the Ozarks, to apply for up to $250,000 from the Arkansas
Parks and Tourism Outdoor Recreation Grant Program for the new Botanical Gardens site at
Lake Fayetteville.
ATTACHMENTS
Public Meeting Minutes June 6, 2005
PRAB Meeting Minutes June 6, 2005
Phase IA Conceptual Plan
BGSO/City of Fayetteville Agreement
Conditions of Arkansas Outdoor Recreation Grant
Email from Gordon Wilbourn to Stephen Davis — July 13, 2005
• •
RESOLUTION NO. 164-05
A RESOLUTION AUTHORIZING THE FAYETTEVILLE PARKS
AND RECREATION DIVISION IN CONJUNCTION WITH THE
BOTANICAL GARDEN SOC1h1Y OF THE OZARKS TO APPLY
FOR AN ARKANSAS PARKS AND TOURISM OUTDOOR
RECREATION GRANT IN THE AMOUNT OF TWO HUNDRED
1.1141Y THOUSAND DOLLARS ($250,000.00) FOR THE
CONSTRUCTION OF PHASE IA OF THE BOTANICAL
GARDENS.
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 Fayetteville Parks and Recreation Division in conjunction
with the Botanical Garden Society of the Ozarks to apply for an Arkansas Parks
and Tourism Outdoor Recreation Grant in the amount of Two Hundred Fifty
Thousand Dollars ($250,000.00) for the construction of Phase lA of the Botanical
Gardens.
PASSED and APPROVED this 16th day of August, 2005.
ATTEST.
By:
;U-�, 6.6141130 , APPROVED:
E : FAYETTEVILLE .
7 '.1,p
99kANSPs
SONDRA SMITH, City Clerk
By
DAN COODY, Mayor
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PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes June 6, 2005
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order at
5:30 p.m. on June 6, 2005 in Room 219 of the City Administration Building located at
113 West Mountain Street, Fayetteville, Arkansas by Mike Hill.
Present:
Parks and Recreation Advisory Board members Hill, Bailey, Langsner, Davidson,
Harrison, Pawlik-Holmes and Park Staff Hatfield, Edmonston, Wright, Jumper,
Mihalevich, Dutton, Whillock and Audience.
Arkansas Parks and Tourism Outdoor Recreation Grant Program
Board member Monroe Harrison reported on the public meeting held at 5:00 P.M.
prior to this PRAB meeting. All speakers were in favor of the grant application to
be prepared in conjunction with The Botanical Gardens of the Ozarks.
PRAB Motion:
Harrison recommended approval and moved to approve the application
of the grant. The motion was seconded by Langsner.
The motion was approved 5-0-0 with Hill, Bailey, Langsner, Davidson,
and Harrison voting `yes' and Pawlik-Holmes, Mauritson and Marley
absent for the vote.
June 6, 2005 / 1
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Arkansas Parks and Tourism Outdoor Grants Program
Public Meeting Minutes
June 6, 2005
The public meeting to gain citizen recommendations on possible park projects to use
grant money convened at 5:00 P.M.
There were 12 citizens and one Parks Board Member present as well as the City of
Fayetteville Parks Staff which included David Wright, Connie Edmonston and Cheryl
Whillock. Monroe Harrison represented the Parks Board membership.
Connie Edmonston, Director Parks and Recreation, explained the grant request process
and this grant in particular. She emphasized the August 26 grant deadline and the
amount of information that will be gathered for the grant request. The purpose of the
meeting was to allow the public to give project requests for the grant application.
Scott Starr, Director of Operations for the Botanical Garden Society of the Ozarks,
presented the possibility of a combined effort between the City's Parks Department and
the BGSO to utilize the grant in the completion of the Botanical Gardens of the Ozarks.
He expressed the intent to build a high quality facility where all citizens of all ages,
abilities and nationalities will have the chance to enjoy the benefits of a horticultural
experience. Having visited with seniors, educators, and Hispanic community
representatives, he found all were interested in assisting in the creation of such a
facility.
To meet these goals of public use and enjoyment the structure needs to be finished
and the paving completed The Garden will be connected to the existing trail system
and preservation of our natural resources through the reuse of rainwater runoff are
more objectives. Several gardens consisting of high-end horticulture, children's
garden, and sensory gardens to appeal to the special needs/handicap person will be
installed.
Mina Marsh, a teacher and interpretive naturalist, Gail Pianalto, a board member of the
BGSO and Dalinda Galaviz of the NWA Hispanic Advisory Council spoke supporting the
cooperative effort between the City of Fayetteville and The Botanical Garden Society of
the Ozarks toward applying for the grant.
There were no other comments so Connie Edmonston closed the meeting by thanking
the attendees and presenters for participating in the decision making process.
Minutes submitted by Parks and Recreation Secretary, Cheryl Whillock
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Botanical Garden of the Ozarks Phase 1A
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RESOLUTION NO. taw
A RESOLUTION APPROVING A LAND LEASE AGREEMENT
WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS
FOR THE PURPOSE OF OPERATING A BOTANICAL GARDEN
AT LAKE FAYETTEVILLE PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYEJTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Land Lease Agreement with the Botanical Garden Society of
the Ozarks for the purpose of operating a botanical garden at Lake Fayetteville
Park. A copy of the Lease Agreement marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 2nd day of September 2003.
ATTEST.
SMITH, City Clerk
APPROVED:
By:
LAND LEASE AUNT
THIS AGREEMENT made this 0214 day of lis. by and between the City of
Fayetteville, a Municipal Corporation of the State of Arkansas, hereinafter referred to as "the
City, and the Botanical Garden Society of the Ozarks, Inc., an Arkansas Non -Profit
Corporation, hereinafter referred to as 'BGSO".
WITNESSETH:
WHEREAS, the parties desire to enter into an agreement regarding the operation and
functioning of the Botanical Garden Society of the Ozarks which will serve the Northwest
Arkansas community, and which will be built on land owned by the City of Fayetteville.
WHEREAS, the BGSO's purpose is the establishment and operation of a botanical
garden where diverse collectionsof plants will be displayed, utilized, and preserved for
educational, environmental, recreational and scientific purposes, thereby promoting public
awareness of the vital and unlimited roles that plants perform.
NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto the
parties covenant and agree as follows:
The City hereby designates for the establishment, construction, maintenance, and
operation thereon of a botanical garden as aforesaid for the collection and display of plant
materials and for such other purposes as are incident to the development and maintenance of
a botanical garden and for no other purpose whatsoever, contiguous tracts of land in the City,
described as follows:
A part of the Northwest Quarter (NW1/4) of the Northeast Quarter (NEI/4), a part of the
Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), a part of the Southeast
Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), ail in Section 24, Township 17 North,
Range 30 West, Washington County, Arkansas, being an of that portion in said Section 24
as described in a Warranty Deed Recorded in Book 402 at Page 313 of the records of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, less and except
that portion of said parcel lying North of Lake Fayetteville waters and within the waters of
Lake Fayetteville, said waters being more particularly described as that portion' of said
parcel lying below an elevation of 1238 feet above mean sea level, said elevation being the
top of the Lake Fayetteville spillway.
The Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 24, Township
17 North, Range 30 West, as described in a Warranty Deed Recorded in Book 400 at Page
328 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas and a part of the fractional Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 19, Township 17 North, Range 29 West, Washington County,
Arkansas, being particularly described as follows: Beginning at a point which is North 88•
22' 40" West 108.90 feet from the Southeast corner of NW 1/4 of the NW 1/4 of said
Section 19, thence North 02' 21'13" East 1048.50 feet; thence 88`22'40" West 1242.78
feet; thence South 02.31'34' West 1048.55 feet to the South line of said 40 acre tract
thence along said South line South 88. 22' 40" East 1242.78 feet to the Point of Beginning,
less and except that portion of said parcel lying North of Lake Fayetteville waters and
within the waters of Lake Fayetteville, said waters bang more particularly described as
that portion of said parcel lying below an elevation of 1238 feet above mean sea level, said
elevation being the top of the Lake Fayetteville spillway.
1.0. MAINTENANCE. PROMOTION, AND OPERA'l]ON OF THE GARDEN. The parties agree
that the Society shall operate, maintain, and promote the Botanical Garden of the Ozarks for
and on behalf of the City on the property wholly owned by the City and identified above and
incorporated by reference herein as set forth in this agreement.
2.0. LEASE TERM. The lease term sha11 commence on the date of this agreement and shall
expire at midnight local time in the City of Fayetteville, Arkansas, on the date which is 25
years from and after the date of this agreement, subject to such being sooner terminated as
provided in this agreement. This lease term shall be renewed for three (3) additional 25 year
renewal terms upon the mutual agreement of the parties. This lease term may be renewed
upon appy of the City of Fayetteville, Arkansas. Each renewal term will not be
unreasonably denied by the City as long as the BGSO continues to operate a botanical garden
on the City property identified with this lease.
2 1 REVIEW AND EVALUATION. The parties acknowledge that the Botanical Garden of the
Ozarks is in its formative stages and that its development will be ongoing and changeable. IT
15 FURTHER recognized that the roles, functions, and responsibilities of the respective
parties will develop, grow, and/or change as well. For these reasons, the parties shall review
and evaluate this agreement on a yearly basis to insure its appropriateness and applicability.
The BGSO shall present an annual progress review to the Parks and Recreation Staff,
Advisory Board and the City Council.
2.2. The Mayor or his designated representative and the BGSO shall meet as requested by
any party to review the terms of this lease, to suggest and negotiate changes which may be
appropriate.
3.0. T FLE TO BUILDINGS AND GROUNDS.
that the City owns and shall hold title to the
on the premises.
The BGSO acknowledges without reservation
grounds and any future buildings constructed
4.0. OPERATING POLICIES AND RESPONSIBILITIES. The BGSO shall provide to the Mayor
or his designated representative its general operating policies for the Garden in written form.
These operating policies shall ensure nondiscriminatory opportunities for all citizens. The
Society agrees that its policies and operations shall be designed to preserve and maintain the
integrity of all buildings, grounds and improvements existing on the premises, and shall
consider the policies of Parks and Recreation regarding cultural and recreational facilities.
5.0. RULES AND REGULATONS OF BGSO. The BGSO may establish and enforce any
reasonable rules and regulations regarding behavior of visitors to assure the well being of the
plants and .gardens, as well as the safety, comfort and quality of experience for visitors to the
premises and shall provide copies of these rules and regulations to the Mayor or his
designated representative. Tb the extent permitted by law, either the City or the BGSO may
exclude objectionable uses, or abusive or offensive person(s) from all premises subject to this
agreement.
6.0. OPERATION AND SUPERVISION OF THE BOTANICAL, GARDENS OF THE OZARKS. The
BGSO shall exercise sole operational and supervisory authority over all grounds, buildings
and personae] of the Garden and over all such matters, including but not limited to, safety,
insurance, planning, plant acquisitions, displays and gardens, and the purchase, exchange, or
acquisition of additional items to be added to the collections, except as otherwise provided in
this agreement. The BGSO at its expense will be responsible for all maintenance and security
associated with the operation of the Botanical Garden, including equipment, parking lots, and
other improvements. The BGSO may not sublet any portion of the property without the
express written consent of the City Council.
7.0 TRAILS: The BGSO specifically acknowledges
the non -fee area without edsmust the right tain aoappthe ovalic al otf the
a Parksa aid
Recreation Staff on the routing andmedesigns of all public trails throughrthis land lease area.
and
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7.1 Construction of or enhancements to the primary public pedestrian and bicycle trails
through the nen-fee area to the west of the fee area (see attachment) must be approved by
both the City of Fayetteville and the BGSO. Primary public trails located immediately
adjacent to the fee area and all secondary trails related to BGSO programming will be
designed, constructed, and maintained by the BGSO.(See attached maps identifying these
areas)
7.2 Any enhancements or construction of any trails by the City within the non -fee area will
be maintained by the City of Fayetteville.
7.3 The BGSO will construct and maintain a parking lot near the Visitor Education Center
that allows free public parking with direct access to the primary public trails seven days a
week.
7.4 The Society will be responsible for all educational, research and informational programs
conducted on the premises and all printed material.
7.5 The parties agree that all employees and volunteers shall be employees or volunteers of
the BGSO and shall not be considered to be City employees or volunteers for any purpose
whatsoever. The BGSO shall have the sole authority for engaging, terminating, fixing
compensation, supervising and otherwise directing all personnel, including sub -contractors, in
conformance with applicable laws governing employees and volunteers at the Botanical
Garden.
8.0 CONSTRUCTION, ALTERATIONS. IMPROVEMENTS AND MAINTENANCE.
8.1 The Final Master Plan must be approved by the City Council, and shall serve as the
development guide to present and future construction, expansion, and improvements to the
premises. The parties agree that the BGSO will submit to the Fayetteville Parks and Recreation
Staff for review all plans for construction, future alterations, and improvements to be located
on the premises including, but not limited to, gardens, greenhouses, entrances and parking,
and for all other alterations to any facilities and grounds at the Garden which undertakings
shall be subject to applicable City procedures, zoning ordinances, and design review.
8.2 Any major changes to the Master Plan shall be submitted to the Fayetteville Parks and
Recreation Advisory Board for approval.
9.0 HOURS OF OPERATION. The BGSO shall establish the hours of operation for the
Botanical Garden and shall consider the public interest in establishing such hours. The
public parking lot will be open during daylight hours.
10.0 SIGNS. Lessee may place such signs as it may deem proper on the premises, so long as
said signs are in compliance with Lessor's sign ordinances.
11.0 PROGRAM ACCESSIBILTfY AND PROGRESS.
11.1 As consideration for this lease. BGSO will offer free general admission to the Garden
each Saturday morning from 9:OOam to 12:OOpin. This waived fee provision only applies to
general admissions and not to specialty areas, buildings or events that require a separate
entry fee. In addition to the above stated consideration, BGSO will recognize the importance of
its botanical educational role by making garden access arrangements with the Fayetteville
School District for students and teachers.
11.2 Groups using any of the facilities of the Garden shall abide by all regulations as
established by the City and the BOSO.
• •
B. Generated revenue from admission, gilt shop, program and service fees, and
miscellaneous rental income.
C. Gifts, grants, bequests and devises from private donors, expended in conformance
with the terms of their receipt.
D. Earned income from investments.
E. Bond funds as may be authorized.
18.0 FINANCIAL REPORTS. In accordance with the BGSO's Bylaws, the City shall receive a
copy of the financial audit of the Garden's financial books and records every year. The report
will be provided within ninety (90) days of each completed audit. In addition, the BGSO shall
timely provide to the City the yearly operating budget of the BGSO.
19.0 RENT. FEES. CONCESSIONS AND TAXES. The BGSO shall have the right to set
admission fees to the Garden as well as fees for optional services such as programs, space
rental, etc. Fees shall be reasonable and in line with similar services available in the tourism
market place.
19.] The BGSO shall pay promptly all taxes and license fees of whatever nature applicable
under municipal, state, and federal law. In additiohi, the parties agree that the BGSO shall
indemnify and save the City harmless from and against any liens or similar liabilities claimed
or changes against the BGSO pursuant to the BGSO's operation of the Garden.
20.0 REMEDIES FOR BREACH OR VIOLATIONS OR DISPUTES.
20.] Termination of Agreement. The parties agree that if either party materially breaches or
fails to perform its obligations under this agreement, the other party may give notice in writing
of intent to terminate. If the breaching or non-performing party fails to commence and effect
cure in good faith to the satisfaction of the other party within ninety (90) days of such notice
or such longer period, if agreed in writing by the parties, the agreement shall be deemed
terminated at the expiration of the ninety (90) days period or other agreed period. Any request
of extension shall not be unreasonably withheld.
20 2 In the event the BGSO shall be adjudicated bankrupt or insolvent or take the benefit of
any reorganization of composition proceedings or insolvency law, or make an assignment for
the benefit of creditors, or if the BGSO's interest under this agreement shall be levied upon or
attempted to be attached ,or sold under any process of law, or if a receiver shall be appointed
for the BGSO, then and thereafter the City shall have the right and option to terminate this
agreement irrespective of whether or not default exists hereunder, said determination to be
effective immediately upon City's exercise of such option by giving written notice to the BGSO.
20.3 The parties agree that neither part shall be liable or responsible to the other for delays or
impossibilities of performance caused by force maleure occurrences beyond the control of the
parties including, but not limited to, civil disorder, fires, floods, or acts of God.
BOTANICAL 'EN SOCIETY
OF 14 Q INC.
Blair Johan . 1 sident
ATTEST:
BY:
Name and title:
CITY OF FAYETTEVILLE, ARKANSAS
2 ♦ AN OVERVIEW OF THE BASICS 2006 APPLICATION GUIDE
deadline. I f the Form 424 is faxed, the entire appl ication containing
original signatures must be postmarked on or before the applica-
tion deadline, August 26, 2005.
WHERE TO SEND THE APPLICATION
Outdoor Recreation Grants Program
Department of Parks and Tourism
Number One Capitol Mall
Little Rock, Arkansas 72201
How THE APPLICATION CAN BE PREPARED
• The application can be prepared locally. The Outdoor Recre-
ation Grant Program staff will upon request, provide applicants
with a sample copy of an application. This sample provides the
applicant with the correct format of all elements of the applica-
tion including forms. narratives a detailed budget, maps, reso-
lutions, required clearances and acquisition information.
• The application can be prepared by consultants. (Grant prepa-
ration cannot be paid for with grant funds).
• The application can be prepared by the local areawide Planning
or Economic Development Districts or the Regional Planning
Commissions.
WHAT ARE OUR OBLIGATIONS?
We are jointly committed! Both the Department of Parks and
Tourism's Outdoor Recreation Grants Program and the project
sponsor are committed to long term program compliance. After
the project is completed and all grant funds have been disbursed,
our commitment to the requirements of the Arkansas Matching
Grant Program continues. These ongoing commitments include:
1. Property acquired or developed under the program must be
retained in perpetuity for outdoor recreation use and will be
subject to inspection by the State at least once every five years.
In addition each project will be inspected by the State during
construction and before final reimbursement is made.
2. Once a public park project boundary has been identified by
the Department of Parks and Tourisme and the local project
6
sponsor, all facilities constructed within
that boundary, at any future time,
must be in compliance with the rules
and regulations of the Outdoor Recre-
ation Grants Program ProjertManage-
ment Guide. This also applies to those
facilities constructed in whole or in
part with local funds.
3. No overhead utility lines are allowed
within the project boundary. Allexist-
ingutility lines located within the park
boundaries must be placed under-
ground.
4. A permanent sign stating that federal
LWCF or state NCRGTF moneys
were used to acquire and/or develop
public outdoor recreation facilities must
be maintained within the park in per-
petuity. Guidelines for the size, place-
ment and design of the signs will be
presented to each applicant after grant
approval. Upon protect completion
the applicant will be required to de-
scribe the location of the sign, and state
that the sign location will not change.
5. All public recreation facilities
con-
structed withina MatchingGrant Pro-
gram assisted park must be accessible
to the handicapped. This also applies
to those far Hides constructed in whole
or part with local funds.
6. Property acquired or developed with
assistance from the fund must be open
to entry and use by all persons regard-
less of race color, religion, sex, or
national origin. Discrimination on the
basis of residence, including preferen-
2 ♦ AN OVERVIEW OF THE BASICS
2006 APPLICATION GUIDE
tial reservation or membership systems. is prohibited, except
to the extent that reasonable differences in admission and
other fees may be maintained on the basis of residence.
7. Property acquired or developed with assistance from the 11
Matching Grant Program shall be operated and maintained
in perpetuity. The property shall be maintained so as to appear
attractive and inviting to the public. Sanitation and sanitary
facilities shall be maintained in accordance with applicable
health standards Properties shall be kept safe for public use.
Fire prevention, lifeguards, and the Iikeshould be provided for
proper public safety. Buildings. roads. trails, and other struc-
tures and Improvements shall be kept in reasonable repair
throughout their functional lifetime to prevent undue dete-
rioration and to encourage public use. Facilities that have
reached an age that renders them obsolete or worn out may be
removed with written permission of the Arkansas Depart-
ment of Parks and Tourism's Outdoor Recreation Grants
Program Director. Permission must be obtained prior to
removal of the facilities.
8. The Arkansas ORG P staff will conduct periodic post comple-
tion inspections of the project area to ensure that program
compliance continues after the project is completed. These
inspections will be unannounced. Sponsors who fail to com-
ply with long term commitment may jeopardize future
eligibility for matching grant funds for new projects and/or be
subject to legal actions by the State or Federal government to
enforce program compliance.
9. The property shall be kept open for public use at reasonable
hours and times of the year according to the type of area or
facility. Property which is not operated and maintained in
good condition may jeopardize the awarding of future grant
funds to that jurisdiction.
10. Participants may impose reasonable limits on the type and
extent of use of areas and facilities acquired or developed with
Matching Grant Program assistance when such a limitation is
necessary for maintenance or preservation. Thus, limitations
may be imposed on the type of users (i e hunters or four-
wheelers, etc.). All limitations must be
in accord with the applicable grant
agreement and amendments.
All recipients of Matching Grant Pro-
gram moneys must comply with the
Architectural Barriers Act of 1968,
Section 509 of the Rehabilitation Act
of 1973, and the Americans With
Disabilities Act, of 1990 Title II and
Title III.
12. Properties (parks and recreation areas)
acquired or developed with LWCF/
NCRGTF assistance are prohibited
by Section 6 (t) (3) of the LWCF Act of
1965, as arnended, from conversion 10
other than public outdoor recreation
use.
Section 6(0(3) of the LWCF Act
states that "No property acquired or
developed with assistance under this
section shall, without the approval
of the Secretary, U. S. Department
of the Interior, be converted to other
than public outdoor recreation use.
The Secretary shall approve such
conversion only if he/she finds it to
be in accordance with the then exist-
ing Statewide Comprehensive Out-
door Recreation Plan (SCORP) and
only upon such conditions as he/she
deems necessary to assure the substi-
tution of other recreation properties
of at least equal fair market value
and of reasonable equivalent useful-
ness and location".
7
David Wright - Fwd: Arkansas Outdoor
From:
To:
Date:
Subject:
Connie/David
eation Grant Obligations and Provisions • Page 1
Steve Davis
Edmonston, Connie; Wright, David
7/27/05 1:31 PM
Fwd: Arkansas Outdoor Recreation Grant Obligations and Provisions
I think this email clarifies the issue relating to the grant application. The agenda memo must contain a
discussion of the potential impacts on the water 8 sewer system that come with accepting a grant with the
conditions this grant contains.
Because I am out of town Thursday through Monday please route the grant agenda item through Marsha
and Vicki.
Thanks
Stephen
»> "Wilboum, Gordon M." <Gordon.Wilbourn@KutakRock com> 07/27/05 01:27PM »>
Steve,
This email confirms our phone conversation earlier this aftemoon.
I've taken a look at the attachments to your July 18th email with
respect to the Arkansas Outdoor Recreation Grant Obligations program.
Specifically, you asked me to consider the requirements of the program
as they might relate to the City's covenants in connection with its
outstanding water and sewer revenue bonds. The City's bonds are secured
by system revenues and not by any mortgage lien on the real and personal
property comprising the water and sewer system. The City has
covenanted, however, to keep the system unencumbered by liens and other
restrictions. As you described the currently proposed grant
application, the property under consideration for recreation related
improvements will not encompass any current portions of the system.
Accordingly, I don't think there are any problems that would be caused
initially by accepting a grant. You've put your finger on the possible
future complications. If the City at some point in the future decided
it wanted to construct system improvements within a "public park project
boundary" (determined at the time the grant is made), it would have to
jump through various bureaucratic hoops imposed by the U.S. Department
of the Interior to get permission for such improvements.
So the short answer is that you would not be violating any present
covenants by accepting a grant. You should, however, consider carefully
the drawing of the accompanying "public park project boundary" and its
implications on any future system improvements that might be needed.
Gordon M. Wilbourn
Kutak Rock LLP
425 West Capitol Avenue, Suite 1100
Little Rock, Arkansas 72201
501.975.3101 (phone)
501.975.3001 (fax)
gordon.wilbournakutakrock.com
DEPARTMENT OF
PARKS & TOURISM
One Capitol Mal
Me Rock AR 72201
PMne: 501-682-7777
FAX: 501682-1364
History Canrasslon
501682.6900 (VM)
Keep Manses
BeouLlul Division
501682.3507
Pessoruwl Section
501-682-7742 (V/TT)
Stole Pocks Divisi0n
601.682-1191 (V/TT)
Tourism Olvislon
501.682.7777 (v/TD
INTERNET
OlkOns0, cOm
ArkansosSlaleParks corn
Mae Huckabee
GOVERNOR
Richard W. Davies
EXECUTIVE DIRECTOR
STATE PARKS,
RECREATION
& TRAVEL
COMMISSION
Bin Bone
CHAIRMAN
Jane Christenson
NCE -CHAIRMAN
Steve Anlson
Polly Wood Crews
Damy Ford
Jim Gaston
Dein Hook
Loretta HOUSe
Billy Lindsey
MpnlLq McNulty
Mike Mills
Ness Secnlel
Jim Snomourger
Wade VAlpoms
DIVISION DIRECTORS
Lam Cagite
ADMINISTRATION
Greg Bulls
STATE PARKS
Joe Oovld Ria
TOURISM
Nancy Clerk
GREAT RIVER ROAD
JOM I. Ferguson
HISTORY COMMISSION
Robed Phelps
KEEP ARKANSAS
BEAUTIFUL
AN EQUAL
OPPORTUNITY/
AFFIRMATIVE ACTION/
AMERICANS WITH
DISABILITIES ACT
EMPLOYER
• •
hionsas.
THE NATURAL STATE
August 29, 2005
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
RE: FY 2005 Matching Grant Application
Dear Mayor Coody:
Fie
SEF 0 7 2005
CI"�• C�Cq S.cOF kCI Lt
I have completed the preliminary review of your FY 2006 Matching Grant Application. The
following items must be addressed or corrected before I can complete my review of the
application:
1. The City Resolution authorizing the City to apply for a Land and Water Conservation
Fund grant must be exactly as written in the FY 2006 50/50 Matching Grant Application Guidc.
Please re -submit a City Resolution that is exactly like the one in the guide.
I will complete my final review of your application when I receive the corrections or additions
listed above. All information must be received prior to October 1, 2005 the deadline for
response to deficiency letters.
My telephone number is (501) 682-6947 if you have any questions.
Sincerely,
Ian Hope, Project Officer
Outdoor Recreation Grants Program
Sondra Smith -Botanical Gardens Reso on 198-05
From: Sondra Smith
To: Wright, David
Subject: Botanical Gardens Resolution 198-05
I have attached a copy of Resolution 198-05 that was passed on October 4, 2005.
Have a great day!
CC: Edmonston, Connie
Page 1