HomeMy WebLinkAbout75-06 RESOLUTION•
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RESOLUTION NO. 75-06
A RESOLUTION ACCEPTING THE MASTER PLAN LAYOUT
FOR THE DEVELOPMENT OF THE FORMER WATER AND
WASTEWATER OPERATIONS CENTER PRESENTED BY
BIOBASED REALTY IN CONJUNCTION WITH BIOBASED
TECHNOLOGIES SYSTEMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS•
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the
Master Plan layout for the development of the former Water/Wastewater Operations Center
presented by BioBased Realty in conjunction with BioBased Technologies/Systems A copy of
the Master Plan layout, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 18th day of April, 2006.
APPROV ATTEST:
By:
D N COODY, Mayor
By:
SONDRA SMITH, ity Clerk
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Ray M. Boudreaux
Submitted By
Citytof Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
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City Council Meeting•Date
Aviation & Economic Development General Government
Division
Action Required:
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Department
Action Required: Accept the Master Plan layout for the development of the former Water/Wastewater Operations
Center by BioBased Realty, LLC, Contact: Tom Muccio, CEO, 3715 N Business Dr., Suite 107, Fayetteville, AR,
72703, Phone: 479-587-9433, fax: 479-587-9486, email: tmuccio@biobased.net.
Cost of this request
Account Number
Project Number
Budgeted Item
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$
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
Departme
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erector
DSP Liak
Previous Ordinance or Resolution # Ord. #4787
iedia, ids
Date / Original Contract Date:
City Attorney
Finance nd Internal Director
Mayor
3 Jz e(06
Date
Dat
3
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Date
Original Contract Number:
11/04/05
Comments:
City Council Meeting of: April 18, 2006•
Agenda Item Number:
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor and members of the City Council
THRU: Staff/Contract Review Conunittee
FROM: Ray M. Boudreaux, Director, Aviation and Economic Development
DATE: March 24, 2006
SUBJECT: Acceptance of Master Plan layout presented by BioBased Realty in
conjunction with Biobased Technologies/Systems for the development of the
former Water/Wastewater Operations Center property and review of building
general designs pursuant to the closing of the sale of the property.
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RECOMMENDATION: Following presentation and review of the Master Plan and
renderings of the buildings currently under design, accept the Master Plan and construction
methods and designs pursuant to the closing of the sale of the property.
BACKGROUND• The City Council approved a real estate sales contract November 1,
2005 for the sale of the former Water/Sewer Complex to Bio Based Realty. The sales
contract is scheduled to close prior to April 29, 2006 following an extension approved by the
Mayor JAW paragraph 7 of the sales contract. This action will comply with paragraph 13 of
the contract which requires that the company present to the Council for acceptance, the
Master Plan for development and general building designs.
DISCUSSION: Included in this action item are copies of the Master Plan and renderings
of the buildings to be constructed on the property. The goal of BioBased Realty, BioBased
Technologies and BioBased Systems remains to have the highest rated LEEDS campus in
the State so the Master Plan and the building designs reflect this stated corporate goal.
Previous actions taken since approval of the contract for sale include action to allow the
company to demolish the former Water/Wastewater facility to be able to use the LEEDS
credits and the extension to the closing date by the Mayor until April 29, 2006. The project
has remained underway and only minor difficulties have risen but they have caused the
delay. In separate action, the company and the Staff will request an additional 90 day
extension to the closing date until July 27, 2006.
BUDGET IMPACT: No change
Attachments: Staff Contract Review Form
Ordinance 4787 along with Contract for Sale
Master Plan Layout and Building Design Renderings
Survey of the property completed by City Engineering
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avenue, Suite F
Fayetteville, Arkansas 72701
Ray M. Boudreaux, Director
RESOLUTION NO.
A RESOLUTION ACCEPTING THE MASTER PLAN LAYOUT
FOR THE DEVELOPMENT OF THE FORMER
WATER/WASTEWATER OPERATIONS CENTER PRESENTED
BY BIOBASED REALTY IN CONJUNCTION WITH BIOBASED
TECHNOLOGIES/ SYSTEMS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby accepts the Master Plan layout for the development of the former
Water/Wastewater Operations Center presented by BioBased Realty'`inM
conjunction with BioBased Technologies/Systems. A copy of theeMaster'�Plan�
layout, marked Exhibit "A" is attached hereto and made a par-ttiesho
PASSED and APPROVED this 18th day of Apr
ANOO13Y, Mayor
AT
By.WI
SONDRA SMITH, City Clerk
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ORDINANCE NO. 4787
AN ORDINANCE WAIVING THE REQUIREMENTS OP
§34.27, CODE OF FAYETTEVILLE AND APPROVING A
REAL ESTATE SALES CONTRACT WITH BIOBASED
TECHNOLOGIES IN THE AMOUNT OF $940,00.00 FOR
THE PURCHASE OF THE WATER & SEWER OPERATIONS
CENTER ON CATO SPRINGS ROAD;. DESIGNATING THE
PROCEEDS FOR ECONOMIC DEVELOPMENT PURPOSES;
AND APPROVING A BUDGET ADJUSTMENT
IMPLEMENTING THE DESIGNATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFFAYEITEVILLE,
ARKANSAS:
NOV O7 2005
Ce..tion 1. That the City Council of the City of Fayetteville, Arkansas hereby waives
the r
equirements of § 3427, Code of Fayetteville, and approves a Real Estate Sales Contract
with BioBased Technologies in the amount of $940,000.0 for the purchase of the Water &
Sewer Operations Center on Cato Springs Road. A copy of the contract is attached hereto
marked Exhibit "A' and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
designates the proceeds of this sale for Economic Development purposes.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
approves a Budget Adjustment implementing said designation of proceeds.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the Mayor and City Clerk to execute said contract withBioBased Technologies.
PASSED and APPROVED this la day of November, 2005.
- ATTEST:
By_
SONDRA SMITH, City Clerk
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APPRO
By:
D :' COODY, Mayor
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REAL ESTATE SALES CONTRACT
The City of Fayetteville, Arkansas offers to sell and BioBased Realty, LLC offers to buy,
subject to obtaining acceptable financing and other teens and conditions set forth in this
contract, approximately 19.5 acres including all of Parcel765-03017-000 and Parcel756-15399-
010 except for a one acre parcel where the Children's House is currently located and a right of
way easement where the Children's House driveway is not located. This property is more
particularly described in Exhibit "A" attached hereto and made a part hereof
SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION
2. , Purchase Price: Subject to the following conditions, BioBased Realty, LLC shall pay for the
property at closing, the total cash payment of Nine Hundred Forty Thousand Dollars
($940,000.00).
Conveyance will be made BioBased Realty by general Warranty Deed, except itshall besubject
to recorded instruments and easements, if any, Which do not materially affect the value of the
property. Such conveyance shall include mineral rights owned by the City of Fayetteville.
The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase
price from a title insurance company as selected by the City of Fayetteville. The City of
Fayetteville shall pay the cost of the title insurance.
The City of Fayetteville agrees to allow BioBased Realty, if BioBased Realty so desires, at
BioBased Realty's expense, to survey the property. The City of Fayetteville agrees to cure any
titre problems which may result from any differences between the recorded legal descriptions of
the property and the survey description. Said title problems, if any, must be solved prior to
closing to the satisfaction ofthe City of Fayetteville. The City of Fayetteville shall provide at its
expense a survey of the one acre tract for Children House and right of way easement as depicted
on Exhibit 'B".
6. Taxes and special assessments due on or before closing shall be paid by the City ofFayetteville.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be
prorated as of closing. .
7.. The closing date shall be within one hundred twenty (120) after approval of this offer by the
City Council, which can be extended by agreement of the Mayor for an additional sixty (60)
days. If such date of closing falls on a weekend or holiday, it will be held the following working
day.
8. Possession of the property shall be delivered to BioBased Realty on the date of closing.
9. The City of Fayetteville hereby grants permission for BioBased Realty or their designates to
enter the above described property and improvements for the purpose of inspection and/or
surveying. .
10. Risk of loss or damage to the property by fire or other casualty occurring up to the time of
closing is assumed by the City of Fayetteville.
11. The City of Fayetteville shall disclose to BioBased Realty any and all environmental hazards of
which the City of Fayetteville has actual lmowledge. Upon acceptance of all conditions and
terms of this Offer and Acceptance, the City of Fayetteville shall bare the costs of any and all
testmg for the existence of environmental hazards, including Phase Ienvironmental studyanda
Phase B study if neee ssry. Should the existence of environmental hazards be discovered, the
City of Fayetteville shall either cure such at its expense or BioBased Realty may terminate this
contract
12. -. The City of Fayetteville will remove atits expense the existing buildings (not including
Children's House) and debris in coordination with BioBased Realty prior to or immediately after
closing.
13. Prior to closing, BioBased Realty in conjunction with BioBased Technologies/BioBased
Systems will provide the City of Fayetteville with a Master Plan layout of the property
.. acceptable to the City CounciL BioBased Realty or BioBased Technologies/BioBased Systems
shall take all reasonable action to ensure that any minor possible odor or pollution emissions do
not affect surrounding areas. BioBased agrees to build in scrubbers to protect air quality where
reasonably appropriate. Each building's general design (including constructionmaterials) shall
be presented to the City Council for its approval prior to the building's construction. Normal
city developmental requirements such as Large Scale Development standards, etc. shall still be
required.
14. If any portion of the land conveyed by this contract is sold by BioBased Realty within the first
five years of the date of closing, an independent appraisal of the land's value (not to include the
value of any building thereon) shall be performed. BioBased Realty shall pay 75% of the
increase in appraised value of the land (with prorated sales cost deducted) to the City of
Fayetteville. BioBased Realty shall pay the City ofFayetteville 40% of the increase in appraised
value of the land (with prorated sales costs deducted) for any sales after 5 years until 10 years
from the closing date.
15. BioBased Realty is granted an option to purchase the remaining acre where Children's House is
located eight years after the closing date. BioBased Realty may exercise this option to purchase
at any time during the year following the eight year period after the closing date. BioBased
Realty and the City agree the price shall be determined at that time as follows:
(a) The property including improvements thereon shall be appraised by an independent
appraiser.
(b) BioBased Realty shall receive an offset from the appraisal value using the following
formula For every full $100,000.00 in annual payroll paid to BioBased
Technologies/Systems and related companies' employees working in Fayetteville
over the Two Million Dollar annual payroll estimated for 2008, Biolased Realty
shall receive a reduction of $25,000.00 from the appraised value of this remaining
(c) Reductions allowed in paragraph (b) shall not reduce the final price for this acre
parcel below $60,000.00.
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(d) The City of Fayetteville may sell to BioBased Realty this acre at any mutually
agreeable time prior to the expiration ofthe eight year period upon teams agreeable
to both parties.
16. This agreement shall be governed by the laws of the State of Arkansas.
17. This agreement, when executed by both BioBased Realty and the City of Fayetteville shall
contain the entire understanding and agreement of the patties with respect to the matters referred
to herein and shall supersede all price or contemporaneous agreements, representations and
understanding with respect to such matters, and no oral representations or statements shall be
considered a part hereof.
CITY OF FAYETTEVILLE
A Municipal Corporation
By:
DAN GOODY
Mayor
Date: t pte/oS
1
BIOBASED REALTY, LLC
BIOBASED TECHNOLOGIES, LLC
BIOMED SYSTEMS, LLC
By: Ari 0,0e -AA
TOM MUC 0
CEO G
Date: l0 -al—a J
Attest: Agent or W
OkaLeaulliti
Sondra Smith, City Clerk
Date: 11 f oillp,S
Date: /o --a/.- 6 S
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STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and
ac g Notary Pyb�ic thin and for said County and State, personally appeared Tom Muccio, and
6� itr kick. , to me well k nowuas the persons who executed the foregoing document, and
who stated and acknowledged that they are the CEO and Agent or Witness of BioBased Realty,
BioBased Technologies and BioBased Systems and are duly authorized in their respective capacities to
execute tlie foregoing instrument for and in the name and behalf of corporation, and further stated and •
acknovOckg4,tat they bad so signed, executed and delivered said instrument for the consideration,
use.% tatViSerein mentioned and set forth.
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'inftrand and seal on this e2)fday of October, 2005.
My oPublic ; V
t I l C7•01.4• tary
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
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BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and
acting Notary Public within and for said County and State, personally appeared Dan Coody and Sondra
Smith, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a
municipal corporation, and are duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said municipal corporation, and further stated and
aclmowiedged that they had so signed, executed and delivered said instrument for the consideration,
uses and purposes therein mentioned and set forth.
Nov
fid, .
WITNESS my ) ac sell on this day of-Aeteber, 2005.
..• .SPRY • `: o-'_
6.
otary Public
My Commission , PU'aN• .?‘r
"awlymumuut'
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EDIT "A"
PROPERTY DESCRIPTION
Two parcels of land located in Washington County, Arkansas mom particularly described as
follows, to -wit
Parcel No. 765-15399-010:
A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE1/4)
of Section Twenty Nme (29), Township Sixteen (16) North, Range Thirty (30)
West, more particularly described as follows, to -wit Beginning at a point
which is 44.3 feet South and 305.6 fret West of the Northeast comer of said 40
acre tract, and running thence South 702.9 feet; thence West 701.2 feet to the
East line of the Cato Springs Road, thence North 16° 14' East along the East
line of said road 229.4 feet; thence North 14° 36' East along the east line of
said road 499.1 feet; thence East 5112 feet to the point of beginning, containing
9.75 acres, more or Less.
Parcel No. 765-03017-000:
A part of the North half (N 1r2) of the Northeast Quarter (NE 1/4) of Section
Twenty Nine (29), Township Sixteen (16) North, Range Thirty (30) West,
described as follows, to -wit: Beginning at a point which is 44.3 feet South
and 305.6 feet West of the Northeast corner of the Northwest Quarter (NW 1/4)
of the Northeast Quarter (NE 1/4) of said Section 29; thence running South
1276.5 feet, thence North 89 degrees 43 minutes, East 538 feet to the St. Louis
and San Francisco Railroad right-of-way; thence North 10 degrees 38 minutes
West with the West line of said right-of-way 897.2 feet; thence South 78 degrees
2 minutes West 150.5 feet; thence North 10 degrees 1 minute West 434.1 feet to
the South line of the Cato Springs Road; thence West 150 feet to the point of
beginning, containing 10.8 acres, more or less.
Both parcels are subject to existing easements, rights-of-way along Cato Springs Road and
Razorback Road as well as the railroad, and other possible encroachments. This property description is
approximate and may be refined and finalized by survey.
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MEMO FOR THE RECORD
EXTENSION TO CLOSING DATE FOR REAL EATATE
SALE TO BIO BASED REALTY, LLC
MARCH 24, 2006
In Accordance With paragraph 7 of the Real Estate Sales Contract between the City of
Fayetteville and BioBased Realty, LLC; BioBased Technologies, LLC; and BioBased
Systems, LLC; approved November 1, 2005 under Ordinance 4787 of the City Council of
Fayetteville, Arkansas, the closing date of the sale is hereby extended until April 29,
2006.
APPROVED: WITNESS:
Dan Coody, Mayor Sondra Smith, City Clerk
Date Date
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cENGINEERING DIVISION II
SCHEME 6
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ARCHITECTS ENGINEERS
26 October 2005
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Clarice Pearman - Res. 75-06 Page 1
From:
To:
Date:
Subject:
Clarice Pearman
Boudreaux, Ray
4.21.06 3:21 PM
Res. 75-06
Ray,
Attached is a copy of the above resolution passed by City Council, April 18, 2006 regarding BioBased's
master plan layout.
Have a good weekend.
Thanks.
Clarice
CC:
Audit
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