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HomeMy WebLinkAbout228-05 RESOLUTION• • RESOLUTION NO. 228-05 A RESOLUTION TO APPROVE THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the various joint or cooperative programs, locations, services and duties should be better delineated and described; and WHEREAS, a Fayetteville School District has agreed to the attached Joint Lease Agreement. 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 agrees to the Joint Lease Agreement attached as Exhibit 1 and authorizes Mayor Coody to sign this Joint Lease Agreement with the Fayetteville School District. PASSED and APPROVED this the 6th day of December, 2005. ,`',t,,, TTlflHo •••'---\ ••C)• 1 Y QF••G131- ; FAYETTEVILLE; F. .' 9 c7:� 9s,R •.kANSP• J$ 1,,,,;:y1/4"iiGrd By: 00.44v r. SO DRA SMITH,City Clerk By: APPROVED: DAN COODY, Mayor J • • JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and in consideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: ASBELL ELEMENTARY SCHOOL A part of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 8, Township 16 North Range 30 West, being more particularly described as follows: Commencing at the Southeast corner of said NE -NW, thence with the South line of said NE -NW North 87° 06' 20" West 13.644 feet, thence North 87° 06' 04" West 5.002 feet, to the Point of Beginning; thence North 87° 06' 19" West 790 feet; thence leaving said South line North 02° 53' 41" East 654.399 feet; thence South 86° 54' 45" East 110 feet; thence South 02° 53' 41" West 320 feet; thence South 87° 06' 17" East 530 feet; thence North 02° 53' 43" East 318.219 feet; thence South 86° 54' 43" East 161.733 feet; thence South 03° 55' 34" West 651.803 feet, to the Point of Beginning and containing 350,620 square feet (8.049 acres), more or less HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE%) of the Northwest Quarter (NWS) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87 ° 26' 29" East 992.643 feet, thence with the East line of said SE -NW North 02° 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02° 33' 38" East 276.225 feet; thence leaving said East line North 87° 26' 19" West 967.758 feet; thence South 02° 33' 41" West 276.225 feet; thence South 87° 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: LAKE FAYETTEVILLE A part of the East Half of Section 13 and part of the East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more • • particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE%) of the Northeast Quarter (NE1) of said Section 13; thence with the North line of said SE -NE -13-17-30 South 87° 06' 01" East 1303.739 feet; thence South 02° 29' 13" West 17.192 feet thence South 87° 51' 20" East 818.386 feet; thence with the West right-of-way line of Highway 265 (Crossover Road) the following calls: South 06° 01' 18" West 2.822 feet; thence South 11° 44' 19" West 100.498 feet; thence South 06° 01' 42" West 47.6 feet; thence South 02° 51' 10" West 95.156 feet; thence South 03° 19' 21" East 89.915 feet thence South 08° 19' 18" East 59.959 feet; thence South 11° 49' 21" East 44.973 feet; thence South 14° 19' 18" East 29.984 feet; thence South 170 19' 22" East 59.959 feet; thence South 19° 19' 20" East 832.701 feet; thence South 16° 46' 49" East 98.118 feet; thence South 09° 44' 20" East 173.596 feet; thence South 01° 14' 19" East 154.34 feet; thence South 02° 45' 41" West 926.592 feet; thence South 02° 44' 44" West 1322.566 feet; thence South 02° 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87° 36' 40" West 3750.975 feet; thence North 000 10' 36" West 831.004 feet; thence North 72° 00' 17" East 1351.875 feet to a point on the West line of the SE -13-17-30; thence with said West line North 02° 09' 09" East 2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. 3. The term of this Joint Lease shall begin on 2005 and end on Je t.i 14it r' 4, 2015, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Asbell Elementary School ➢ Mow the soccer fields; ➢ Be responsible for the irrigation system, fertilizing, seeding, and horticulture practices necessary to ensure the best quality of turf possible on the soccer fields; and, ➢ Maintain soccer goals, water fountains, east parking lots, pickup trash, line soccer fields, and schedule use of soccer fields. b. Holcomb Elementary School > Pickup trash and mow area; and, > Schedule softball fields. 5. The District agrees to allow the City to use the softball field, restrooms and/or batting facility at Asbell Elementary School for tournaments, soccer, softball, or sport clinics at no charge depending upon availability of the facility through a separate -2- • • Single Event Facility Rental Agreement, a copy of which is attached hereto and made a part hereof. In such instances, the City's Staff will prep the fields. 6. The District shall allow the use of portable restrooms at Asbell Elementary School for fall and spring soccer and special events/tournaments as needed. 7. Facility expansions and all site alterations must have prior written approval by the District and meet all City standards/ procedures for such. Any permanent structure shall become a permanent fixture to the land, and become the property of the District at the end of the Iease term, unless otherwise agreed to in writing prior to construction of the structure. S. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Constitution and Statutes of the State of Arkansas. 9. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. 10. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 11. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 12. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 13. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 14. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements - 3 - 1 • already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 15. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9 IN WITNESS WHEREOF, the parties hereto have set their hands this day of = Zoo5. -r" CITY OF YETTEVILLE, ARKANSAS By: A Dan Coody, Mayor By: N14t Sondra Smith, City Clerk State of Arkansas County of Wherr )SS. FAYEITEVILLE SCHOOL DISTRICT By: ATTEST: By: ACKNOWLEDGMENT % No:•° °°° •n 160TAR r . ♦ , II F'l18LIG �`: i. ••'�'•r lr ss. On this the � day of O(}5, before me, a Notary ` " 4p coned and acting in and for the State and County aforesaid, personally appe�' ZOODY and SONDRA SMITH, to me well known, who stated that they were the Mayor and Clerk, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had executed the foregoing instrument for the consideration, uses and purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expires: 1 -15 - t1 -a- Notary Public /ee5 city of Fayetteville / Z/61405 •y yr� Jo,,? t °1"4P ry v , -k bIsT Connie Edmonston Submitted By City Council Agenda Items or Contracts 6 -Dec -05 City Council Meeting Date Parks & Recreation Division Action Required: Operations Department A Resolution approving a joint Lease Agreement between Parks and Recreation and the Fayetteville Public Schools. Cost of this request Account Number Project Number Budgeted Item Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Dep rtmen • rect City Attoi- • jI•l .os Date nce and 1TStemal Service Director 11--11-0_( Date Mayor Comments: Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office eauy Connie Edmonston Submitted By S City of Fayetteville • City Council Agenda Items or Contracts 6 -Sep -05 City Council Meeting Date Parks & Recreation Division Action Required: Operations Department A Resolution approving a joint Lease Agreement between Parks and Recreation and the Fayetteville Public Schools. Cost of this request Account Number Project Number Budgeted Item Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program I Project Category Name Fund Name Depa?r ment irector City Attorney NsC6:31. 65 F nan and internal Service Director Date Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: • amity Council Meeting of September 6, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Dan Coady and City Council Thru: Gary Dumas, Operations Director From: Connie Edmonston, Parks and Recreation Director Date: November 17, 2005 Subject: Joint Lease Agreement between Parks and Fayetteville Public Schools RECOMMENDATION Parks and Recreation Advisory Board (PRAB) and Parks and Recreation Staff recomends approval of a Joint Lease Agreement between Parks and the Fayetteville Public Schools. BACKGROUND Throughout the years, Parks and Recreation has maintained a equitable relationship with the Fayetteville Public Schools in sharing facilities. In 1973, Resolution 34-73 was passed allowing the Fayetteville and Springdale School Districts to reserve and maintain 200 acres on the castem side of Lakc Fayetteville as a nature study area. The school districts constructed a nature study center, as well as trails and fishing piers to enhance the study area. City Council extended the agreement in Ordinance No. 3898 in 1995 to constitute a period of fifty years which would terminate in 2045. Since 1973, City Parks and Recreation entered into eight different agreements with the Fayetteville School Districts concerning land usage. The agreements designated school playgrounds to be public parks after school hours, on weekends, and during summer months for a period of 25 years. Joint projects basically consisted of building playgrounds, picnic facilities, and softball and soccer fields. An agreement with the District allowed the City to build Asbell Gym on school property in 1970. Holcomb and Vandergriff Gyms were built in 1994 and 1995 with joint funding. Only four of the eight agreements are current today incuding the Lake Fayetteville Nature Study Center and the gymnasiums at Vandergriff, Holcomb and Asbell Elementary Schools. The 10 Year Parks and Recreation Master Plan indicates that the existing agreement between the school system and Parks and Recreation Division requires reevaluation. The consultant's planning team recommended the establishment of site- specific agreements ensuring that each organization benefits equally. Sites not used for programming should continue to be maintained by the school system. It was also recommended that the terms of the agreements should include shorter time spans than the current 25 to 50 years. DISCUSSION With the current growth of neighborhood parks and trails obtained through the Park Land Dedication Ordinance, Parks and Recreation Advisory Board concluded it was in the best interest of the City to obtain agreements only on the school sites in which recreation programs were conducted. The Fayetteville elementary schools' playgrounds would remain open to the public whether or not an agreement is in place. fty Council Meeting of September 6, 2005 Agenda Item Number At the August 2, 2004 PRAB meeting, a subcommittee was formed to investigate the need for a joint agreement. After several meetings with School Administration, the subcommittee presented a proposal on June 6, 2005 to PRAB. The recommendation was to lease portions of Asbell and Holcomb Elementary School grounds in exchange for the 200 acres leased to the School District at the Lake Fayetteville Nature Study Center. A 10 year lease with a one year cancellation notice was assigned to the agreement. Asbell Elementary School grounds are needed to accommodate the 1,500 youth that play soccer each year. Asbell fields are an essential component of the soccer program offered at Lewis Soccer Complex. The proposed lease at Holcomb Elementary School includes part of the parking lot that the City built in 1994 and the newer parking lot to the east, as well as the outfields of softball fields #1 and #4 at the Gary Hampton Softball Complex. Parks and Recreation Staff would continue to maintain these leased lands. This joint agreement does not change the current usage agreements with the Lake Fayetteville Nature Study Center, nor Asbell, Holcomb and Vandergriff Elementary School Gyms. PRAB unannimously approved this proposal. See attached maps of the proposed properties. This proposed lease was presented to the Fayetteville Board of Education on June 23 and July 28, 2005. The Board unanimously approved the Joint Lease Agreement. Approval of this agreement facilitates the collective utilization of the City and School District's resources. BUDGET IMPACT Budget impact would be the same. Attachments: PRAB Meeting Minutes August 2, 2004 PRAB Meeting Minutes June 6, 2005 Fayetteville Board of Education Meeting Minutes June 23, 2005 Fayetteville Board of Education Meeting Minutes July 28, 2005 Joint Lease Agreement Holcomb Elementary School Park Land Proposal Asbell Elementary School Park Land Proposal Lake Fayetteville Agreement Ordinance 3898 Holcomb Gym Agreement Resolution 74-94 Vandergriff Gym Agreement Resolution 41-95 o • RESOLUTION NO. A RESOLUTION TO APPROVE THE JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the various joint or cooperative programs, locations, services and duties should be better delineated and described; and WHEREAS, a Fayetteville School District has agreed to the attached Joint Lease Agreement. 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 agrees to the Joint Lease Agreement attached as Exhibit 1 and authorizes Mayor Coody to sign this Joint Lease Agreement with the Fayetteville School District. PASSED and APPROVED this the 6th day of December, 2005. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: DRAFT By: DAN COODY, Mayor ,4cPteibil ;1'46.7i0iV ll IL F• -- r • .-1 1 I____.„______f.; 1;f' I r 4.-_' 1 ----i L I '-' 1 --7--0,----; w.• 1 ..:. i Hs 1 i I c r 0 ./ , „.) ., z 131 --7 r it .1 Sang Ave As beeIIlltElementary School School Property Asbell Elementary School Park June 22, 2005 0� Scale: NTS • ORDINANCE NO. 3898 MICROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed intent of the Fayetteville City Council to maintain Lake Fayetteville and the surrounding city property as a public use area; and, WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty; and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made a part hereof, is reserved and is to be maintained in its natural state. Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance. PASSED AND APPROVED this ae741 day of June , 1995. ATTEST BY:/(74. J Traci Paul, City Clerk APPROV f By: Fred Hanna, Mayor • • • RESOLUTION NO. 41-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE FAYETTEVILLE SCHOOL DISTRICT NO. 1 TO JOINTLY CONSTRUCT A SCHOOL GYMNASIUM/NE1GH$ORHOOD COMMUNITY CENTER AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT $100,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the Interlocal Cooperation Agreement between the City and the Fayetteville School District No. 1 to jointly construct a school gymnasium/neighborhood community center. A copy of the agreement is attached hereto marked Exhibit 'A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $100.000.00 increasing Building Costs, Acct. No. 1010 6600 5804 00 by decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. ATTES By: PASSED AND APPROVED this 7th day of March 1995. Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor EXHIBIT A INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. 1 This AGREEMENT is made between the City of Fayetteville, Arkansas (City), a political subdivision of the State of Arkansas, and Fayetteville School District No. 1 (School District), a public agency as defined in A.C.A.525-20-10], under the authority of Act 430 of 1967, codified at A.C.A.§25-20-102 et seq. (Rept. 1992) and known as the "Interlocal Cooperation Act", on the 1iEL___ day of Marc 1995. WITNESSEM WHEREAS, representatives of the City and the School District have met together to explore the possibility of a joint venture for the construction of a school gymnasium/neighborhood community center; and, WHEREAS, representatives of the City and the School District have recommended that a school gymnasium/neighborhood community center which will be constructed, owned and operated jointly by the City and the School District will best serve the needs of the youth of Fayetteville. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES of the parties contained herein and other good and valuable consideration the parties agree as follows: ARTICLE I CREATION OF JOINT BOARD TO CONSTRUCT AND MANAGE THE SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. There shall be created a Joint Board consisting of one member each of the governing body of the City and School District whose purpose shall be the responsibility for administering, the joint undertaking of the construction, management, operation and maintenance of a school gymnasium/neighborhood community center. The Joint Board may appoint an administrator or administrators to act as their agent. ARTICLE II CONSTRUCTION OF SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. The school gymnasium/neighborhood community center constructed pursuant to this AGREEMENT shall be built on land owned by the School District. The location is as follows: Property Description The school gymnasium/neighborhood community center shall be constructed in accordance with the design, plans, and specifications approved by the Joint Board, with the Joint Board acting as general contractor and supervisor for the project. 2 • • The parties shall seek to explore any and all possible contributions of labor and materials to the project in an effort to minimize project costs and increase the quality of the project to the community. Any contract necessary to be entered into to carry out this project shall be approved by the City Council and School Board upon recommendation of the Joint Board. ARTICLE III FINANCING AGREEMENT The City will contribute $100,0u0.00 for the school gymnasium/neighborhood community center. The School District will contribute $200,000 for the school gymnasium/neighborhood community ^enter. Either party may contribute additional sums during the term of this agreement for any additions to the project approved by the Joint Board. There shall be no obligation on the part of either the City Council or the School Board to provide additional funds in the event the sums contributed are inadequate to fund either construction or operation of the school gymnasium/neighborhood community center. ARTICLE IV USE AND MAINTENANCE OF FACILITY, Normal maintenance of the facility will be the joint responsibility of the City and the School Board in a cooperative manner approved by the Joint Board. 3 • • The Joint Board shall provide for the orderly use of the facility with the School District having priority use of the facility during normal school hours and events, the City next having priority for scheduling of planned events, and with neighborhood organizations encouraged to participate in the scheduling and utilization of the facility. ARTICLE V DURATION. The duration of this AGREEMENT shall be twenty-five (25) years. At that time, the School District may purchase the City's proportionate interest in the school gymnasium/neighborhood community center building less improvements made to said building from funding sources other than the City and less depreciation, if any. Should the School District elect not to purchase the aforementioned proportioned interest of the City the parties may extend the duration of this agreement. ARTICLE VI DISSOLUTION. In the event of termination of this AGREEMENT for any reason, prior to the duration of this agreement the School District may purchase the City's interest in this agreement in the manner set forth in Article V. Duration above and the City shall thereupon convey all of its rights, title, and interest in the real estate, if any, and improvements which are the subject of this agreement. 4 n • • Should the School District elect not to purchase such interest of the City, the net assets shall be sold and distributed proportionately to the City and School District or their respective assigns consistent with proportionate interests set forth in Article V. Duration above. ARTICLE VII AMENDMENT. This AGREEMENT may be amended by the approving vote of the City Council and Schcol Board. ARTICLE VIII BINDING AGREEMENT. This AGREEMENT shall be binding upon the parties hereto, their successors, and assigns. ATTEST: AIL/1 Traci Paul, City Clerk ATTEST: David Wilso Secretary CITY OF FAYETTEVILLE, ARKANSAS Hanna, Mayor By: FAYETTEVILLE SCHOOL 'ISTRJCT NO. 1 By: Jenig, 5 1 • viICR °FIL MED RESOLUTION NO. 7 4 — 9 4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE FAYETTEVILLE SCHOOL DISTRICT NO. 1 TO JOINTLY CONSTRUCT A SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the Interlocal Cooperation Agreement between the City and the Fayetteville School District No. 1 to jointly construct a school gymnasium/neighborhood community center. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of July , 1994. ATTEST: �%% �G By: �;L�iLeh c7` . kt.f ZA7+1 iL�a� Sherry L Nomas, City Clerk APPROVED: By: red Hanna, Mayor a. • RESOLUTION AUTHORIZING THE EXECUTION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. 1 WHEREAS, Fayetteville School District No. I and the City of Fayetteville have explored the possibility of entering into a cooperative agreement for the construction of a school gymnasium/ _neighborhood community center on property owned by Fayetteville School District No. 1; and, WHEREAS, Fayetteville School District No. 1 and the City of Fayetteville are of the belief that to cooperatively construct and operate a school gymnasium/neighborhood community center will best serve the needs of the youth of the District and the City and will be in the best interests of the patrons and taxpayers of the District and THE City; and, WHEREAS, Fayetteville School District No. 1 and the City of Fayetteville wish to enter into an Interlocal Cooperation Agreement in order to maximize and utilize available funds as well as OTHER resources to construct a school gymnasium/neighborhood community center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF FAYETTEVILLE SCHOOL DISTRICT NO. 1: The President and Secretary of the Fayetteville Board of Education are hereby authorized and directed to execute the Interlocal Cooperation Agreement between the City of Fayetteville, Arkansas and Fayetteville School District No. 1, a copy of which is attached hereto and made a part hereof. ADOPTED this 14th day of June, 1994. LV- David Wilson, Se retary c I\►wrd\rm fsdcity.res • INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. 1 This AGREEMENT is made between the City of Fayetteville, Arkansas (City), a political subdivision of the State of Arkansas, -and Fayetteville School District No. 1 (School District); a public agency as defined in A.C.A.§25-20-103, under the authority of Act 430 of 1967, codified at A.C.A.§25-20-102 et seq. (Repl. 1992) and known as the "Interlocal Cooperation Act", on the 5th day of Ju].y , 1994. WITNESSETH: WHEREAS, representatives of the City and the School District have met together to explore the possibility of a joint venture for the construction of a school gymnasium/neighborhood community center; and, WHEREAS, representatives of the City and the School District have recommended that a school gymnasium/neighborhood community center which will be constructed, owned and operated jointly by the City and the School District will best serve the needs of the youth of Fayetteville. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES of the parties contained herein and other good and valuable consideration the parties agree as follows: • ARTICLE I CREATION OF JOINT BOARD TO CONSTRUCT AND MANAGE 7'HE SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. There shall be created a Joint Board consisting of one member each of the governing body of the City and School District whose purpose shall be the responsibility for administering the joint undertaking of the construction, management, operation and maintenance of a school gymnasium/neighborhood community center. The Joint Board may appoint an administrator or administrators to act as their agent. ARTICLE II CONSTRUCTION OF SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. The school gymnasium/neighborhood community center constructed pursuant to this AGREEMENT shall be built on land owned by the School District. The location is as follows: Crystal Springs Subdivision. The school gymnasium/neighborhood community center shall be constructed in accordance with the design, plans, and specifications approved by the Joint Board, with the Joint Board acting as general contractor and supervisor for the project. The parties shall seek to explore any and all possible contributions of labor and materials to the project in an effort to minimize project costs and increase the quality of the project to the community. Any contract necessary to be entered into to carry out this project shall be approved by the City Council and School Board upon recommendation of the Joint Board. 2 • ARTICLE III FINANCING AGREEMENT The City will contribute $100,000.00 for the school gymnasium/neighborhood community center. The School District will contribute $200,000 for the school gymnasium/neighborhood community center. Either party may contribute additional sums during the term of this agreement for any additions to the project approved by the Joint Board. There shall be no obligation on the part of either the City Council or the School Board to provide additional funds in the event the sums contributed are inadequate to fund either construction or operation of the school gymnasium/neighborhood community center. ARTICLE IV USE AND MAINTENANCE OF FACILITY. Normal_ maintenance of the facility will be the joint responsibility of the City and the School Board in a cooperative manner approved by the Joint Board. The Joint Board shall provide for the orderly use of the facility with the School District having priority use of the facility during normal school hours and events, the City next having priority for scheduling of planned events, and with neighborhood organizations encouraged to participate in the scheduling and utilization of the facility. ARTICLE V DURATION. The duration of this AGREEMENT shall be twenty-five (25) years. At that time, the School District may purchase the City's proportionate interest in the school gymnasium/neighborhood community center building less improvements made to said building from funding sources other than the City and less depreciation, if .,any. Should the School District elect not to purchase the aforementioned proportioned interest of the City the parties may extend the duration of this agreement. ARTICLE VI DISSOLUTION. In the event of termination of this AGREEMENT for any reason, prior to the duration of this agreement the School District may purchase the City's interest in this agreement in the manner set forth in Article V. Duration above and the City shall thereupon convey all of its rights, title, and interest in the real estate, if any, and improvements which are the subject of this agreement. Should the School District elect not to purchase such interest of the City, the net assets shall be sold and distributed proportionately to the City and School District or their respective assigns consistent with proportionate interests set forth in Article V. Duration above. 4 ARTICLE VII AMENDMENT . This AGREEMENT may be amended by the approving vote of the City Council and School Board. ARTICLE VIII BINDING AGREEMENT. This AGREEMENT shall be binding upon the parties hereto, their successors, and assigns. CITY OF FAY TTEVILLE, ARKANSAS By: Fr d Hanna, Mayor ATTES erry L. Thomas, City Clerk FAYETTEVILLE SCHOOL DISTRICT NO. 1 By: ATTEST: AL avid Wilson, Secr tart' Li C PARKS AND RECREATION ADVISORY BOARD Meeting Minutes August 2, 2004 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:36 p.m. on August 2, 2004 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairman Colwell. Present: Parks and Recreation Advisory Board members Colwell, Eads, Hill, Marley, Mauritson, Shoulders, and Pawlik Holmes; City staff Coles, Wright, Malloy, Ohman, Jumper, Weber, Hatfield, Edmonston; and Audience. 12.School Park Lease Agreements: At one time, the City Parks and Recreation Division had 8 different agreements with the Fayetteville Public Schools concerning joint usage of land. Only three of these agreements are current. Below is a list of the current and former agreements. Staff would like to begin discussions with PRAB on these lease agreements of how you would like this relationship to continue so that our City Attorney's office can draft the agreements. Staff recommends that the agreements be consolidated into one lease. The Parks and Recreation Master Plan recommendations are included in the PRAB attachments. Also, attached are the current agreements including Lake Fayetteville Nature Center, Holcomb and Vandergriff Gyms. Laid Agreement\ResolN ion Term Dates Lake Fayetteville Ordinance 3898 50 Years June 20, 1995 - 2045 Nature Study Center Vandergriff Gym Resolution 41-95 25 Years March 7, 1995 - 2020 Holcomb Gym Resolution 74-94 25 Years July 5, 1994 - 2019 Crossover Park Lease Agreement 25 Years June 1979-2004 Root Lease Agreement 25 Years June 5, 1979 - 2004 Elementary Sites Resolution 34-73 25 Years April 10, 1973 - 1998 Bates, Asbell, Jefferson, Happy Hollow, Butterfield Schools Washington Resolution 115-97 12 months December 16, 1997 Asbell Gym Agreement No expiration June 15, 1970 Adjournment Meeting was adjourned at 8:00 p.m. Minutes submitted by: Rachel Weber August 2, 2004 / 1 • 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. 4. School Park Lease Agreement: Mike Hill and Connie Edmonston, Parks & Recreation Director Mike Hill and Connie Edmonston met with School Administration to discuss joint usage of land. Attached is the proposed agreement. The proposal includes to lease Asbell Elementary School and Holcomb Elementary School grounds as indicated on the attached maps, in exchange of the 200 acres leased to the School System at the Environmental Study Center. The proposal is for a 10 year lease with a one year cancellation notice. PRAB Motion: Harrison moved to approve the lease proposal and forward on to the School Board and subsequently to the City Council. Bailey seconded the motion. The motion was approved 5-0-0 with Hill, Bailey, Langsner, Harrison, and Davidson voting `yes', and Mauritson, Marley and Pawlik-Holmes absent for the vote. Adjournment Meeting was adjourned at 7:25 p.m. Minutes submitted by: Cheryl Whillock June 6, 2005 / 1 Fayetteville Board of Educatio - Minutes of the June 23, 2005 Regular1eting Page I of 3 Fayetteville Board of Education Minutes of the June 23. 2005 Regular Meeting The meeting convened at 5:00 PM in the Adams Leadership Center with President Steve Percival presiding. The Pledge of Allegiance was led by Holt Middle School principal Mike Mason. Roll Call The roll was called and board members Tim Kring, Howard Hamilton, Steve Percival, Susan Heil, Christine Bell and Laura Underwood were present. Recognition Michelle Owens, the new McNair Middle School principal and Ted Whitehead, the new McNair Middle School assistant principal were introduced. Consent Agenda Laura Underwood made a motion to approve the consent agenda. Tim Kring seconded the motion, which was approved by a 6-0 vote. Migrant Education Contract The Board voted 6-0 to approve the migrant education contract with the Boston Mountain Cooperative for the 2005-06 school year. Christine Bell made the motion, which was seconded by Laura Underwood. Teacher Evaluation Instrument The Board voted 6-0 to approve the revisions to Policies 4117 and 41 17.2, Evaluation of Certified Employees, Teacher Evaluation Observation Checklist, and Summative Report for Supervisory Evaluation Plan. Ginny Wiseman, associate superintendent, noted that the policy changes have been approved by PPC and the principals. Tim Kring made the motion, which was seconded by Howard Hamilton. Student Health Policy The Board voted 6-0 to approve Policy 5.6 (Student Health) as presented at the May 2005 board meeting. Ginny Wiseman noted that this policy will serve as the district wellness policy that is required by the federal Child Nutrition Act of 2004. Tim Kring made the motion, which was seconded by Howard Hamilton. Computer Network Use Policy The Board voted 6-0 to approve the changes to Policy 4202 (Computer Network Use Policy). Susan Cromwell, technology director, noted that the first change is the addition of Section VII -Web Publishing on District Web Server(s). This section outlines the responsibility of web page development. The second change is a revision to Section IC which refers to FERPA guidelines regarding student information. Laura Underwood made the motion, which was seconded by Susan Heil. 2005-06 District Budget The Board voted 6-0 to approve the 2005-06 budget. Dr. Lisa Morstad, chief financial officer, noted that departmental budgets have been cut by 20%. In addition, Dr. Morstad also reported that she will be working with principals and department directors on their budgets. Howard Hamilton made the motion, which was seconded by Christine Bell. Joint Lease Agreement http://www. fayar.net/admin/sclbrd/june2305.html 8/17/2005 Fayetteville Board of Education - mutes of the June 23, 2005 Regular eting Page 2 of 3 Mike Gray, associate superintendent, reported that he and Connie Edmonston, Director of City Parks & Recreation, along with Fred Turrentine and Rudy Moore, have been working to update the lease agreements between the city and the school district. Mr. Gray introduced Ms. Edmonston who noted that the lease agreements arc for 200 acres at Lake Fayetteville Park for the Environmental Study Center and the school playgrounds at Asbell and Holcomb Elementary Schools. The request is for a I 0 -year lease with a one-year termination by either party. The agreement has been approved by the Fayetteville Parks & Recreation Advisory Board. If it is approved by the Fayetteville School District, it will then go to the City Council for approval. Mr. Gray added that the legal description will be provided at the July board meeting when the board will be asked to approve the lease agreement. Status of MAPS Project Susan Cromwell, district technology programs director, presented information on the MAPS (Models to Accelerate Performance of Students) project. Information on all aspects of the project can be found at studcnts.fayar.net. The project was funded by a grant from the Walton Family Foundation. Food Service Update Lisa Jenkins, director of food service, presented information regarding the food service program in the district. During the 2004-05 school year the amount of fresh fruits and vegetables offered was increased and the amount of desserts and fried items was decreased. In addition, the food service program finished the year with a positive end of the year balance due in part to increased reimbursement and student participation in the school lunch program. New projects for the 2005-06 year include meal deals and a high school breakfast cart. The Farm to School pilot project will begin in the fall of 2005. As part of this program, the district will purchase locally grown produce to promote healthy eating habits, increase fruit and vegetable consumption and provide educational opportunities for students. The pilot program will begin in the fall of 2006 at Washington Elementary. Ms. Jenkins also noted that parents can access student accounts and make payments online at www.schoolpassport.com. Elementary Enrollment Distribution Mike Gray, associate superintendent, reported on the purpose and process for elementary enrollment distribution for the district. The purposes are to populate the new K-7 school, adjust enrollment where student population is changing and to match the enrollment at all schools to their functional capacity. The process for the distribution project will be divided into three phases: Phase I -- collect data and identify scope, Phase 1I — develop a plan, and Phase III - transition. Public meetings will be held during the process. Professional Development Policy Judy Rana, assistant superintendent for curriculum, presented the revised Policy #4131 (Professional Development). The revised policy contains the new mandates from the Arkansas Department of Education. The Personnel Policy Committee has approved the revised policy. The Board will be asked to vote on the revised policy at the July board meeting. Adjournment Howard Hamilton made a motion to adjourn. Susan Heil seconded the motion, which passed by a 5-0 vote. The meeting was adjourned at 6:50 PM. http://www.fayar.net/admin/sclbrd/junc2305.html 8/17/2005 0 • Page I of 3 FROM THE BoA1u Notes from the July 28, 2005 Regular Meeting of the Fayetteville Board of Education Professional Development Policy The Board approved changes to the Professional Development Policy (#4131) that were also approved by the Personnel Policies Committee. Joint Lease Agreement The Board approved a joint lease agreement between the school district and the City of Fayetteville for the playgrounds at Asbell and Holcomb Elementary Schools and 200 acres at the Lake Fayetteville Environmental Study Center. The lease agreement is for ten years. Enrollment Distribution Update Associate superintendent Mike Gray outlined the process the district will use to evaluate current and future enrollment to accommodate projected growth. He noted that a public forum will be held on Thursday, August 4 at 5:30 pm in the Judy Mackey Conference Center in the Bates Annex of Fayetteville High School to receive public comment on elementary attendance zones. Robert Guadagnini, district GIS coordinator, made a presentation to the Board on the projected growth http://www.fayar.net/admin/ftb.htm 8/17/2005 • • Page 2 of 3 over the next five years. Based on plats filed with the Fayetteville City Planning Office, the projections show an increase of approximately.1,700 students over the next five years, which represents a 20% increase in current enrollment. Construction Update Gordon Knetzer of Nabholz reported that work at all three construction sites is progressing extremely well and is on schedule. He added that the warm, dry weather has allowed the crews to regain any time lost in the spring due to wet weather or procedural delays. Annual Meeting Alan Wilbourn, director of school & community relations, reported that the district's annual meeting will be held in conjunction with the August 25 school board meeting in the Adams Center. Wilbourn said the 2004-05 Annual Report will be presented, and district patrons will have the opportunity to make comments and ask questions. If you would like to receive this report via email, please send your email address to: Alan_ Wilbourn Return to District Home Page http://www.fayar.net/admin/f1b.htm 8/17/2005 Clarice Pearman - Res. 228-05 TTTriLI Page 1 From: Clarice Pearman To: Edmonston, Connie Date: 12/12105 4:12PM Subject: Res. 228-05 Connie, Attached is a copy of the above resolution passed by City Council, December 6, 2005. I have attached a copy of the agreement also. I will forward to you two of the three originals of the agreement via interoffice mail. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki RECEIVED J N082010 �► CITY OF FAYETTCVILL9 / T /fl (2t Z oT d' ?c. ? ; c)n CITY CLERKS AFFIL June 3, 2010 Ms. Connie Edmonston Parks and Recreation Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Ms. Edmonston, Thank you very much for meeting with me on Thursday June 3, 2010 to discuss the construction of eight tennis courts on the Asbell Elementary School property. This letter serves as official. notification that the Fayetteville Public Schools is exercising its twelve month opt -out to the current contract effective June 4, 2010. The district requires the use of the Asbell property due to the construction of the new Fayetteville High School facilities. We enjoy and appreciate the long term relationship we have with the City of Fayetteville Parks and Recreation Department and look forward to many more years of collaboration. Best regards, Vicki Thomas Superintendent VMT/pn FAYETTEVILLE PUBLIC SCHOOLS 1000 WEST STONE STREET • FAYETTEVILLE, ARKANSAS 72701 PHONE: (479) 444-3000 • FAX: (479) 444-3004 • WWW.FAYAR.NET