HomeMy WebLinkAbout72-07 RESOLUTIONRESOLUTION NO. 72-07
A RESOLUTION TO APPROVE A CHANGE IN THE BUILDING
ELEVATIONS AND MATERIALS PREVIOUSLY APPROVED BY THE
CITY COUNCIL AS REQUIRED IN ITS CONTRACT WITH BIOBASED
REALTY, LLC.
WHEREAS, BioBased Realty, LLC, BioBased Technologies, LLC and BioBased
Systems, LLC. agreed in paragraph 13 of its contract with the City of Fayetteville that "(e)ach
building's general design (including construction materials) shall be presented to the City
Council for its approval prior to the building's construction"; and
WHEREAS, the City Council previously approved such general design and construction
materials, but BioBased wishes to alter the design and materials and thus has presented its new
design and material list to the City Council and seeks its approval for such altered design and
materials.
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 approves
the new general design (including building materials) presented by BioBased and agrees those
can be substituted for the previous design and materials. The new design and materials list is
attached as Exhibit A.r`p,,,,,, nryry
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:FAYETTEVILLE:
PASSED and APPROVED this 17`h day of April, 2007.
APPROVED: ATTEST:
By: i /i
DA OODY, Mayor
By: 'Q)Otn- -u-'
0 0
N.
ou GTON C,,,,
SONDRA SMITH, City Clerk/Treasurer
Jeremy Pate *v for 'Ss?
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
20 -Mar -07
City Council Meeting Date
Planning
9/7 7047
7 g-07
6rweetza
LLC
Operations
Division Department
Action Required:
ADM 07-2477: Administrative Item (BIOBASED, 638): Submitted by McClelland Engineers for property located at the
southeast corner of Cato Springs Road and Razorback Road. Pursuant to the real estate sales contract (Ordinance No. 4787)
between the City of Fayetteville and BioBased Realty, LLC, all elevations/building materials shall be presented to the City
Council for its approval prior to building construction. The request is for City Council review and approval of the modified
building elevations/materials.
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a '
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Department Direc or
City Attor
32407
Finance and Internal Service Director Date
Mayor
Date
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
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Original Contract Number: n/a
Received in City CI
Received in Mayor's Office
Comments:
TINS 4 4//7/9 6
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City Council Meeting of March 20, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From. Jeremy Pate, Director of Current Planning
Date: March 02, 2007
Subject: BioBased (ADM 07-2477)
BACKGROUND
Planning Staff recommended in favor of and the Subdivision Committee approved a
major modification of the approved large scale development for BioBased on March 01,
2007, finding that the revised building elevations depict a structure that is well articulated
and in compliance with the requirements set forth under commercial design standards.
DISCUSSION
Pursuant to the real estate sales contract (Ordinance No. 4787) between the City of
Fayetteville and BioBased Realty, LLC, all elevations/building materials shall be
presented to the City Council for its approval prior to building construction. Since the
building elevations and materials have changed from that which the City Council
originally approved, they need to be reviewed again. The original contract language reads
as follows:
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 proect air quality where reasonably appropriate. Each building's general
design (including construction materials) 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.
BUDGET IMPACT
None.
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RESOLUTION NO.
A RESOLUTION TO APPROVE A CHANGE IN THE
BUILDING ELEVATIONS AND MATERIALS PREVIOUSLY
APPROVED BY THE CITY COUNCIL AS REQUIRED IN
ITS CONTRACT WITH BIOBASED REALTY, LLC.
WHEREAS, BioBased Realty, LLC, BioBased Technologies, LLC and BioBased
Systems, LLC. agreed in paragraph 13 of its contract with the City of Fayetteville that
"(e)ach building's general design (including construction materials) shall be presented to.
the City Council for its approval prior to the building's construction"; and
WHEREAS, the City Council previously approved such general design and
construction materials, but BioBased wishes to alter the design and materials and thus has
presented its new design and material list to the City Council and seeks its approval for
such altered design and materials.
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
approves the new general design (including building materials) presented by BioBased
and agrees those can be substituted for the previous design and materials. The new
design and materials List is attached as Exhibit A.
PASSED and APPROVED this 20th day of March, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY; Mayor SONDRA SMITH, City Clerk/Treasurer
... �.
aeevile
)ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
ADM 07-2477
Page 1
SC Meeting of March 01, 2007
TO: Fayetteville Subdivision Committee Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 28, 220^077 Updated March 01, 2007
125 W. Mountain St -
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 07-2477: Administrative Item (BIOBASED, 638): Submitted by MCCLELLAND
ENGINEERS for property located at the SE CORNER OF CATO SPRING AND RAZORBACK
RD. The property is zoned 1-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL. The request
is for a major modification to the approved large scale development (LSD 06-2105).
BACKGROUND
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Planner: JESSE FULCHER
Project Description: The subject property is located at the southeast comer of Cato Springs Road
and Razorback Road. The property has multiple structures on site which formerly housed the City's
Water and Sewer Operations Center. The site is surrounded by various zoning districts, including
RMF -24, C-1, C-2 and I-1. The Subdivision Committee approved the large scale development
proposal on June 15, 2006.
Proposal: The applicant requests the following modification to the approved Large Scale
Development.
1. Modified building elevations.
2. A larger building (approximately 2,000 sq. ft.) with a modified parking design,
including a fire truck turn around at the end of the parking lot.
DISCUSSION
The proposed modifications to the approved large scale development and architectural plans have
been determined a major modification. In the event that a developer wishes to make major
modifications to an approved development, such modifications shall be submitted to the
Subdivision Committee or Planning Commission for approval, if they meet all applicable codes.
The layout of the development, including parking and building locations are almost identical to
that which was approved under the original large scale development. The necessity for a major
modification is due to the fact that the building elevations are significantly different that those
reviewed and approved with the large scale development.
K:IReports120071SC Repor8103-0/-0714DM 06-2477 /Biabased).doc
ADM 07-2477
Page 2
RECOMMENDATION
Recommendation: Staff recommends approval of ADM 07-2477, finding that the proposal
meets all aspects of the Unified Development Code for large scale developments. Additionally,
staff finds that the proposed building elevations are well articulated and meet the minimum
requirements set forth under commercial design standards and therefore staff is recommending
approval with the following conditions:
1. All other conditions of approval from the approved large scale development (LSD 06-
2105) shall remain in force.
2. The proposed building elevations shall be reviewed by the City Council pursuant to the
contract agreement between the City of Fayetteville and the applicant.
Subdivision Committee Action: '1 Approved ❑ Tabled 0 Denied
Motion: Myers
Second: Bryant
Vote: 3-0-0
Meeting Date: March 01, 2007
Comments:
K.:I ReporLs110071 SC Reports 103-0/-071ADM 06-2477 (Biobased).doc
ADM 07-2477
Page 3
CHAPTER 166: DEVELOPMENT
166.05 Large Scale Development (LSD)
(F) Modifications.
(1) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications in an approved large scale development. Minor modifications shall include,
but not be limited to, substitutions of one approved structural type for another or minor
variations in placement of buildings in such a way that the overall limits of approved floor
area, open space or rooms per acre are not increased.
(2) Major modifications. In the event that a developer wishes to make major modifications to an
approved development, such modifications shall be submitted to the Subdivisions Committee
in a form which compares the approved submission with the desired changes. After
submission, the Subdivision Committee shall approve or disapprove the requested
modifications at its next meeting.
K: IReports120071SC Reporu103-01-071ADM 06-2477 (Biobased).doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 West Maintain St.
FayetteN iIIe, AR 72701
ENGINEERING DIVISION CORRESPONDENCE 479-575-8206
To: McClelland Consulting Engineers
From: Matt Casey P.E. Assistant City Engineer
Date: May3l, 2006
Re: Plat Review Comments (May 31, 2006 Tech. Plat Meeting)
Development: LSD 06-2105 Bio -Based
1. An assessment is required for improvements to Cato Springs Road for 14' from
centerline including curb and gutter, pavement, storm drains and sidewalk. Provide a
cost estimate for these improvements.
2. The sidewalk shall be continuous through driveways with a maximum of.2% cross
slope and elevated 2% above top of curb.
3. Driveway approaches shall be constructed of Portland Cement Concrete with a broom
finish back to the ROW.
4. Easements are required a minimum of 10 feet from each side of water and sewer
lines. If the depth is greater than 10' feet the easement will need to increase
proportional to the depth of the proposed main.
5. Additional easements may be necessary based on requirements from the Water and
Sewer Administrator.
MtEMcCLELLAND
coNsu TING
[ DESIGNED TO SERVE / ENGINEERS, INC
P.O. Box 1229
Fayetteville, Arkansas 72702-1229
479-443-2377
FAX 479-443-9241
To: The City of Fayetteville — Planning Staff
From: McClelland Consulting Engineers
Date: February 1, 2007
Subject: LSD 00-2105
BioBased Campus — Phase I
Major Modification to approved LSD plans
Due to building changes and site alterations, submitted as a major modification are the enclosed •
plans for Biobased Campus — Phase I. Proposed is a stand-alone, two story building consisting
of approximately 30,000. square feet (25,418. sf of lab. space and 4,560 sf of office). Associated
parking, greenspace, landscaping, utility connections, and grading are very similar to the original
review set. Building elevations have changed significantly and are submitted with this package
for your review.
Please let me know if you have any questions/concems, or need any additional information at this
time.
Sincerely
Michael G(M7) !an
McClellanI CI suiting Engineers
479.443.2377
Mmorgan@McClelland-engrs.com
ed
aj\JY/Te eve ie
/ ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
LSD 06-2105
Page 1
SC Meeting of June 15, 2006
TO: Fayetteville Subdivision Committee
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: June 11, 2006 Updated June 15, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSD 06-2105: Large Scale Development (BIO -BASED, 638): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at SE CORNER OF CATO SPRINGS AND
RAZORBACK ROAD. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT
INDUSTRIAL and contains approximately 19.47 acres. The request is for a 28,000 01 office
and laboratory with 67 parking spaces.
Property Owner: CITY OF FAYETTEVILLE
Planner: JESSE FULCHER
Findings:
Property: The subject property is located at the southeast corner of Cato Springs Road and
Razorback Road. The property has multiple structures on-site which formerly housed the City's
Water and Sewer Operations Center. The site is surrounded by various zoning districts,
including RMF -24, C-1, C-2 and I-1.
Table 1
Surrounding Land
Proposal: The applicant proposes to construct a 28,000 square foot building with professional
office and laboratory space, as well as associated parking. This is the first phase of a multi -
phased project. The development will utilize the existing curb -cut, however it will be
constructed to current ordinance standards.
Request: The request is for Large Scale Development approval of the submitted site plans for
the proposed office/laboratory building and new parking facilities.
K: I Reports 120061 SC Repo ris 106-15-061 LSD 06-2105 (Bio -based/. doc
Direction from Site
Land Use
Zoning
North
Residential
C-1, Neighborhood Commercial
South
Residential
C-2, Thoroughfare Commercial
East
Retail
I-1
West
Vacant
RMF -24, Residential 24 Units/Acre
Proposal: The applicant proposes to construct a 28,000 square foot building with professional
office and laboratory space, as well as associated parking. This is the first phase of a multi -
phased project. The development will utilize the existing curb -cut, however it will be
constructed to current ordinance standards.
Request: The request is for Large Scale Development approval of the submitted site plans for
the proposed office/laboratory building and new parking facilities.
K: I Reports 120061 SC Repo ris 106-15-061 LSD 06-2105 (Bio -based/. doc
LSD 06-2105
Page 2
Right-of-way being dedicated: 45' from centerline right-of-way for Cato Springs Road along the
project frontage; Razorback Road currently has adequate right-of-way to meet Master Street Plan
requirements of 55' from centerline.
Adjacent Master Street Plan Streets: Cato Springs Road (Minor Arterial); Razorback Road
(Local Street)
Water/Sewer: Water and sewer are available to the site and will be extended to the facilities.
Tree Preservation: Existing Canopy: 2.1%
Preserved Canopy: 2.1%
Required Canopy: 2.1%
Mitigation: None required.
Recommendation: Staff recommends approval of LSD 06-2105 with the following conditions
of approval:
Conditions of Approval:
1. Planning Commission determination of Commercial Design Standards for the proposed
office/laboratory building. Staff finds that the proposed structure and industrial style with
metal siding, EIFS and native stone is well articulated and provides good transition and
compatibility with surrounding industrial development. The City Council has also approved a
conceptual Master Plan of this development, which the present project seems to be following.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE PROPOSED ELEVATIONS,
FINDING THAT THE BUILDING WAS IN COMPLIANCE WITH THE REQUIREMENTS SE7
FORTH UNDER COMMERCIAL DESIGN STANDARDS.
2. Planning Commission determination of street improvements. Staff recommends that street
improvements be assessed for paving 14' from' centerline with curb, gutter, storm drainage and
a 6' sidewalk along the property's Cato Springs Road frontage, to tie into the state
improvements for Razorback Road. The assessment shall be submitted prior to building
permit:
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED
ASSESSMENT FOR STREET IMPROVMENTS ALONG CATO SPRINGS ROAD.
3. Per the conditions of approval for the vacation of right-of-way (VAC 06-2068) within the
subject property, the following items are required. If any utility work is performed as part of
the development and any of these lines changed, abandoned, or rerouted, then easement
requirements would change accordingly, as they would for any development. Easements shall
be dedicated by easement plat.
a. The north -south 12" waterline requires a 25' wide easement centered on the pipe.
b. The 6" waterline running west from the 12", between the two buildings requires a
20' easement centered on the pipe and extending 10' past the end of the pipe. This
requirement also applies to the 6" line running north from the westbound 6" line.
K:IReports120061.SC Reports106-15-061LSD 06-2105 (Bio-based).doc
LSD 06-2105
Page 3
c. The 24" waterline running east -west parallel to the south property line requires a
50' easement centered on the pipe. Much of this easement is in the 1475 Cato
Springs lot.
d. The north -south sewer line running down the driveway needs to have a 20' wide
easement centered on the pipe. This easement must be extended to the south
property line. •
e. All other water and sewer mains on the lot must have a 20' wide easement centered
on the pipes. These easement shall extend 10' beyond the end of the line at dead
end manholes or dead ends of pipes.
f. There needs to be an easement extended southwest from the dead end manhole on
the west end of the east -west sewer line. This easement should be situated such that
the house on the southwest lot can have a main run to it from the manhole. If the
house area is split off as a separate lot, there must be a sewer main that runs to it.
Currently, the service line from the house ties to the dead end manhole and can be
identified by the cleanouts located every 100'. This service no longer meets
requirements if the house becomes part of a separate lot. The new main need not
follow the path of the existing sewer line (which is a service, as the house is on the
same platted lot as the two brick buildings). It simply needs to tie to the service at
the property line.
g. The adequacy of the water and sewer systems must be evaluated for any new
development. All sewer services must be placed, as they do not meet current
plumbing codes. Water service lines on both sides of the meter loop may need to be
replaced; they are also required to meet current plumbing codes.
h. Any utility work performed under contract shall go through the standard review,
approval and inspection process administered by the City Engineer's office.
4. Incorporate the following plat revisions:
a. Change 20' parking stalls to 19' in length.
5. Right-of-way dedication in the amount of 45' from centerline along Cato Springs Road shall
occur prior to building permit.
6. Razor and/or barbed wire fences are prohibited if visible from street right-of-way or a
residence. All fencing shall be reviewed by Planning Staff to ensure compliance with
applicable codes.
7. With future development of the site, a view -obscuring fence or view -obscuring vegetation, or a
combination of the two shall be required between the proposed commercial/industrial use and
the adjacent residential property to the south.
8. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the
Landscape Administrator for review. Once approval is gained, a guarantee is to be issued
(bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants.
This guarantee will be held until the improvements are installed and inspected, at the time of
Certificate of Occupancy.
K:IReporls120061SC Reporls106-15-061LSD 06-2/05 (Rio-basedf.doc
LSD 06-2105
Page 4
Standard Conditions of Approval:
9. All freestanding and wall signs shall be permitted by a separate sign permit application prior to
installation. Signs are not allowed to be placed in utility easements.
10. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan
and cut -sheets of the proposed exterior light fixtures shall be required to be approved by
Planning Staff prior to building permit.
11. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives: AR Western Gas,
SWBT, Ozarks, SWEPCO, Cox Communications).
12. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or
similar digital format.
13. Staff approval of final detailed plans, specifications and calculations (where applicable) for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking
lot(s) and tree preservation. The information submitted for the plat review process was
reviewed for general concept only. All public improvements are subject to additional review
and approval. All improvements shall comply with City's current requirements.
14. All existing utilities below l2kv shall be relocated underground. All proposed utilities shall be
located underground.
15. Large scale development shall be valid for one calendar year.
16. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree
protection measures prior to any land disturbance.
b. Separate easement plat for this project that shall include the tree
preservation area and all utility easements.
c. Project Disk with all final revisions
d. - One copy of final construction drawings showing landscape plans
including tree preservation measures submitted to the Landscape
Administrator.
e. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by Section 158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to the issuance of a Certificate of Occupancy.
Additional conditions:
17.
18.
K:IReports120061SC Reports106-15-061LSD 06-2105 (Bio-based).doc
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LSD 06-2105
Page 5
Subdivision Committee Action: '1 Approval ❑ Forwarded to P.C. ❑ Tabled
Motion: Graves
Second: Myers
Vote: 3-0-0
Meeting Date: June 15, 2006
Comments.
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K:IReporls110061SC Reporns106-15-061LSD 06-1105 (Bio-based).doc
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ORDINANCE NO. 4787
AN ORDINANCE WAIVING THE REQUIREMENTS OP
534.27, (DDE OF•PAM-IT/WEIR AND APPROVING A
REAL ESTATE SALES OONIRA,Ca WTIH BIOBASED
TECHNOLOGIES IN THE AMOUNT OF $940,000.00 FOR
THE PURCHASE OF THE WATER doSBWEROPERATIONS
CENTER ON CATO SPRINGS ROAD;. DESIGNATING THE
PROCEEDS FOR ECONOMIC DBVBLOPMENTPURPpSES;
AND APPROVING A BUDGET ADJUSTMENT
NTNG THE DESIGNATION.
BE ITORDAIIVBDByTHE QTYCOUNTOFTHECITYOFFAYETIEVI LIi
ARKANSAS:
the Section 1. That the Cty Councij of the City of Payettevilfe,,Aiicansashereby waives
orb of §.3427, Code of Fayetteville, aced
. withBioBasedTechnologies int1 amount of $940,00000for t es a Real haseoftilee Sales C
Sewer Op ions Center on CatoPie ttace Whereto
wed t "A" -and made a Road.A copy of thecaatracthsattad�edherebo
N.�
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jJNov Q. ? 2005
d Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
�ignates the proceeds of this sale for Economic Development purposes.
Section 3. That the City Council of the City of Fayetteville, Arkansas herby
approves a Budget Adjustment implementing said designation of proceeds.
author
izes the n 4 That the City Council of the City of Fayetteville, Arkansas
hereby
Mayor and City Clerk to execute said contract with BhcBased Tetrallo
PASSED and APPROVED this la day of November, 2005.
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REAL ESTATE SALES CONTRACT
The CSty.of Fayetteville, Arkansas offers to sell and BiaBased Realty, LLC offers to lay,
;abject to obtaining acceptable f and other terms and. conditions set forth in this
contract, approximately 19.5 acres including all ofPmoe1765-03017-000and Parod756-15399=
010 except for a oneacre parcel where the Children's House iscamndy located and aright of
way easement where rite 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 EXIBBIT'A" FOR PROPERTY DESCRIPTION
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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 geneal Warranty Deed, except itshall besubject
to recorded instruments and easements, if any, Which do not metaially affect the value of the
property. Such conveyance shall include mineiat 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 BloBased Realty so desires, at
BioBasedRealty's expense, tosurvey the property. The City ofFayetteville agrees tocure any
titleepr+oblemswhich may result f omany diffaraxs between Ole ICCOtded k1 descriptions of
the property and the survey description. Said title problems, if any, must be solved prior to
dosing tothe satisfaction ofihe City ofFayetteville. The city of Fayetteville shallpmvide at its
expense a surveyoflhhe 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 dosing shall be paid by the CityofSayettoville.
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 went of the Mayor for an additional sixty (60)
days. Ifsuch date of dosing fills on a weekend or holiday, it will behddthe following working
day
8. Possession of the property shall be delivered to BioBased Realty on the date of dosing.
9. The City of Fayetteville hereby grants permission for Biollased 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.
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11. The City OfPqettcVillelle shall disclose to Biassed Realty wand all awironmedal hazards of
which the city of Fayettevife has actual knowledge. Upon acceptance of all conditions and
tams of This Offer and Acceptance, the Cray ofFayetteville than bare the costs of any and all
testing for the existence ofenvironmental haaazds,includingPhaseIenvironmentatstudyanda
Phase
Fly ifnecessaty: Should the existence of environmental hazards be discovered, the
City ayettevilleshall either cure such at its expense orBiassed Really may terminate this
contract.
12. . _. The Qty of Fayetteville will remove at its expense the existing buildings (not including
Chndmn s House) and debris incoordination with BioBased Realty prior toorimmediately after
cesmg.
. 13. Prior to closing, BioBased Realty in conjunction with BioBased Te hnologies/Biofased
. Systems will provide the (Sty of Fayetteville with a Master Plan layout of the propetty
aooeptabletot the CityCouncil. BioBased Realty orBioBased TedmologieslBioBasedSystems
shall take all atonable actionto &suns that any minor possible odor or pollution ons do
not affect suaoaadingareas. BioBased agrees tobuild inscrubbers toprotect air quality *hat
.
be Back bul(ding'st eraldesign(>ncludingansinictionhnateoials)shall
y Coiuhcil for its approval prior to the building's construction. Normal
chydevelopmentalrequirements suchasLargeScaleDevelopmentstandards,etc.shallstillbe
14. any portion of the land conveyed by this contract is sold byBioBasedRealty within thecust
- Erre yeses dila date of closing, an independent appraisal of the land's value (not to include the
value of any balding thereon) shall be performed. BioBased Realty shall pay 75% of the
increase in appraised value of the land (witir prorated sales cost deducted) to Bre City of -
Fayetteville. BioBased Realty sth1I pay he QtyofPafteviJee 40% ofthe inceaseinappraised
value of the land (with prorated sales costs deducted) for any sales ea5 years nail 10 years
from the dosing date.
15. BioBased Realty is grantedan option to purchase the remaining acre what Childreds House is
located eight years after the closing date. BioBased Realty may exercisethisoption top
at any time diningthe year following the eight year period after the dosing date. BioBased
Realty and the City agree the price shall be determined at that time as follows:
(a) 7hepropaty including improvements thereon shall be appraised by an independent
appraiser.
(b) BioBased Realty shall receive en 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, Bioliased 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.
•
•
(d) The Coy of Fayetteville may sell to BioBased Realty this acne at any mutually
• agreeable time prior to the capitation of the eight year period upon tams agreeable
to both parties.
. 16. This agreement shall begovemed by the laws of the State of Aromas..
17. This agreement, when executed by both BioBased Realty and the City of Fayetteville shall
contain the and
tandmgandagree ofdreparties wi6uegpcettothe matters zted
to herein supersede all price or contemponmeous agreements, repay and
• ding with respect to such matters, and no oral representations or staff shall be
considered a part hereof
QTY OF BAYETIEVILLE
A Manidpal Corporation
DAN QOODY
. Mayor '
/700S -
Attest
.
BIOBASED REALTY, LLC
BIOBASED TECHNOLOGIES, LLC
BIO)IAT;® SYSTEMS, LLC
TOM MU
CEO
Date: v0 -a i `G
Date: /l Jot/0c
Date: 1a a/ --D S
3
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•
LS D06-2105
Close Up View
BIO -BASED
Overview
Legend
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District
FLOODWAY 500 YEAR
100 YEAR -- LIMIT OF STUDY
— — - BaseLhe Profe
1 Fayetteville
I Outside Cry
LS006-2105
kid vectoWDB.Footpnnt_2004
Reside -I - atop Overlay District
0 125 250 500 750 1,000
Fe