HomeMy WebLinkAbout235-05 RESOLUTION• •
RESOLUTION NO. 235-05
A RESOLUTION TO APPROVE A CONTRACT WITH JIM LINDSEY
AND LINDSEY MANAGEMENT COMPANY, INC. TO MAINTAIN
THE STATUS QUO ON HIS APPROXIMATELY 6.9 ACRES LOCATED
EAST OF MISSION BOULEVARD AND SOUTH OF MAPLE STREET
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 approves
the attached Contract with Jim Lindsey and Lindsey Management Company, Inc. and
authorizes the Mayor to sign said agreement.
PASSED and APPROVED this 6th day of December, 2005.
......R£q''..
\ .'G\T Y
....;
; tc
;FAYETTEVILLE:
c.'-.`Lvsct,y 9'kA 11*. \5t
ATTEST.
SONDRA SMITH, City Clerk
APPROVED:
By:
• •
CONTRACT
The City of Fayetteville and Mr. Jim Lindsey, personally and as President of J.
Edgar Lindsey, Inc., General Partner of the J. E. Lindsey Family Partnership
(owner of the subject property) and as CEO/representative of Lindsey
Management Company , Inc. (all hereinafter referred to as Jim Lindsey) agree to
the following mutual covenants and promises:
The City of Fayetteville agrees to refrain from rezoning or referring an
official request for a rezoning study or a question of a rezoning
amendment concerning the approximately 6.9 acres owned by Mr. Jim
Lindsey located east of Mission Boulevard and south of Maple Street
(hereinafter the "subject property").
2. Mr. Jim Lindsey agrees not to request a building permit, increase the size
or alter the type of operations currently occurring on the subject property,
nor increase the hours of operation at this site.
Both the City of Fayetteville and Jim Lindsey have the right to terminate
their obligations under this contract with ninety (90) days written notice
sent to the other party mailed and faxed to:
Jim Lindsey
Lindsey Management Co.
P.O.Box 13000
Fayetteville, AR 72703
FAX: 527-8842
CC: Roy Stanley
President
Lindsey Management Co., Inc.
P.O. Box 13000
Fayetteville, AR 72703
FAX: 527-8842
Dan Coody
Fayetteville Mayor
113 West Mountain
Fayetteville, AR 72701
FAX: 575-8315
If the City of Fayetteville notifies Mr. Jim Lindsey of its intent to
terminate this contract, Mr. Jim Lindsey shall immediately enjoy the right
to apply for a building permit for the subject property.
• •
If Mr. Lindsey notifies the City of Fayetteville of his intent to terminate
this contract, the City of Fayetteville shall immediately enjoy the right to
rezone the subject property or to officially request a rezoning study or
refer the question of zoning amendment to the Planning Commission
concerning the subject property. (Mr. Lindsey is not waiving any of his
rights to oppose rezoning of his property or to seek damages or other
relief in Court.)
IN AGREEMENT W11H ALL OF THE FOREGOING PROMISES, TERMS AND
COVENANTS, the parties sign below:
EXECUTED on this, the c27''day of November, 2005.
JIM LINDSEY, LINDSEY MA r AGEMENT COMPANY,
INC. & J. E. LINDSEY FAMILY LIMITED PAR] NERSHIP
BY J. EDGAR LINDSF_ INC., S GENERAL PARTNER
SEY, President
EXECUTED on this, the Leg, day of December, 2005, by the City of Fayetteville.
CITY OF FAYETTEVILLE, A Municipal Corporation
Dan Cooly. Y18yor
Witness: aceit4---1 (6)/at_Th
Sondra Smith
Fayetteville City Clerk
CI#ATTORNEY AGENDA REQIST
FOR: COUNCIL MEETING OF DECEMBER 6, 2005
,Zj4/o5
b35
Ltny�
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Resolution To Approve A Contract With Jim Lindsey and Lindsey Management Company, Inc. to
preserve the status quo on his property located East of Mission Boulevard and South of Maple Street so
further negotiations on a long term solution can be accomplished.
APPROVED FOR AGENDA:
City Attorne
�1- ZL-o5
Date
Mayor Date
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH
JIM LINDSEY AND LINDSEY MANAGEMENT COMPANY, INC.
TO MAINTAIN THE STATUS QUO ON HIS APPROXIMATELY
6.9 ACRES LOCATED EAST OF MISSION BOULEVARD AND
SOUTH OF MAPLE STREET
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
approves the attached Contract with Jim Lindsey and Lindsey Management Company,
Inc. and authorizes the Mayor to sign said agreement.
PASSED and APPROVED this 6th day of December, 2005.
ATTEST•
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
• •
CONTRACT
The City of Fayetteville and Mr. Jim Lindsey, personally and as
CEO/representative of Lindsey Management Company , Inc. (and any affiliated
company with an interest in the subject property) agree to the following mutual
covenants and promises:
1. The City of Fayetteville agrees to refrain from rezoning or referring an
official request for a rezoning study or a question of a rezoning
amendment concerning the approximately 6.9 acres owned by Mr. Jim
Lindsey and/or Lindsey Management Company, Inc. (or other Lindsey
entity) located east of Mission Boulevard and south of Maple Street
(hereinafter the "subject property").
2. Mr Jim Lindsey and Lindsey Management Company, Inc. (and any other
affiliated company with an interest in the subject property) agree not to
request a building permit, increase the size or alter the type of operations
currently occurring on the subject property, nor increase the hours of
operation at this site.
3. Both the City of Fayetteville and Jim Lindsey and/or Lindsey
Management Company, Inc have the right to terminate their obligations
under this contract with ninety (90) days written notice sent to the other
party addressed and faxed to:
Roy Stanley
President of Lindsey Management Co.
P.O.Box 13000
Fayetteville, AR 72703
FAX: 527-8842
Kit Williams
Fayetteville City Attorney
113 West Mountain
Fayetteville, AR 72701
FAX: 575-8315
4. If the City of Fayetteville notifies Mr. Lindsey or his company of its intent
to terminate this contract, Mr. Lindsey and/or Lindsey Management
Company, Inc. shall immediately enjoy the right to apply for a building
permit for the subject property.
5. If Mr. Lindsey or Lindsey Management Company, Inc. notifies the City of
Fayetteville of his or his company's intent to terminate this contract, the
City of Fayetteville shall immediately enjoy the right to rezone the subject
• •
property or to officially request a rezoning study or refer the question of
zoning amendment to the Planning Commission concerning the subject
property.
IN AGREEMENT WITH ALL OF THE FOREGOING PROMISES, TERMS AND
COVENANTS, the parties sign below:
EXECUTED on this, the day of November, 2005.
JIM LINDSEY & LINDSEY MANAGEMENT CO., INC
By:
JIM LINDSEY
EXECUTED on this, the day of December, 2005, by the City of Fayetteville.
CITY OF FAYETTEVILLE, A Municipal Corporation
By:
Dan Coody, Mayor
Witness:
Sondra Smith
Fayetteville City Clerk
FAY
e
THE CITY Of EAYETTEVIIIL ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: November 29, 2005
RE: Contract with Jim Lindsey to maintain status quo during
negotiations
Attached please find the revised and signed contract with Mr. Jim
Lindsey concerning the 6.9 acre tract South of Maple Street and East of
Mission Boulevard. This is a straight forward, plain English contract to
preserve the current conditions on this land while negotiations for a
comprehensive solution can occur.
I envision some possible solution that would allow Mr. Lindsey to
move his industrial uses to a smaller tract of raw land in our South Industrial
Park. The cost of the Industrial park land would offset his development
costs for this site (to replace his old, but usable buildings, etc. at the Mission
Boulevard site). Mr. Lindsey would retain development rights on the 6 9
acre parcel which would initially be rezoned residential, but ultimately
would be rezoned as a Residential Planned Zoning District with limited, but
adequate density.
As part of any final solution, the City Council after public comment
would need to approve the R-PZD as a condition of the agreement to deed
the land to Mr. Lindsey in the South Industrial Park. That way the citizens
and alderman would know exactly how the land would be developed
(including its density, height and size of buildings, buffers for single family
housing, etc.) prior to final approval of the transfer of the Industrial Park
site.
• •
If any alderman or the Mayor believes this possible solution is not
advisable or tenable, please let me know so I will not waste time
negotiating the details. Also, you need to know that Mr. Lindsey has not
agreed to any of this although during our conference (Tim Conklin, Jim
Lindsey, Roy Stanley, and me), we discussed this general concept.
Clarice Pearman. Res. 235:05 T Page 1
From: Clarice Pearman
To: Williams, Kit
Date: 12/12/05 3:53PM
Subject: Res 235-05
Kit,
Attached is a copy of the resolution passed by City Council, December 6, 2005 regarding Jim Lindsey. I
am attaching a copy of the signed agreement.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki