HomeMy WebLinkAbout55-10 RESOLUTIONRESOLUTION NO. 55-10
A RESOLUTION APPROVING A CONTRACT FOR THE PURCHASE OF A
SIXTY-FOUR SPACE PARKING LOT LOCATED ON THE SOUTHEAST
CORNER OF BLOCK AVENUE AND ROCK STREET FROM ROCK STREET
PARKING, LLC IN THE AMOUNT OF $342,000.00 PLUS APPLICABLE
CLOSING COSTS, AND APPROVING A BUDGET ADJUSTMENT OF
$344,000.00
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 a
contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein as
if set out word for word, with Rock Street Parking, LLC for the purchase of a sixty-four space
parking lot located on the southeast corner of Block Avenue and Rock Street in the total amount
of $342,000.00, plus applicable closing costs.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "B" and
incorporated herein as if set out word for word, in the amount of $344,000.00.
PASSED and APPROVED this 6th day of April, 2010.
APPROVED
By:
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1.
foiT L P JORD .006yor
ATTEST:
tastuitz,
SDRA E. SMITH, City Clerk/TreasurerYN9
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OFFER AND ACCEPTANCE CONTRACT
1. The City of Fayetteville, Arkansas, a municipal corporation, offers to buy, subject to the terms and
conditions set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, the City of Fayetteville shall pay for the property at
closing, the total and cash payment of $342,000.00.
3. Contingent Earnest Money Deposit: ROCK STREET PARKING. LLC waives the requirement of
eamest money from the City of Fayetteville.
4. Conveyance will be made to the City of Fayetteville by general Warranty Deed, except it shall be subject
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 ROCK STREET PARKING, LLC.
5. ROCK STREET PARKING. LLC 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 total cost of the title insurance.
6. ROCK STREET PARKING. LLC agree(s) to allow the City of Fayetteville, if the City of Fayetteville so
desires, at City of Fayetteville's expense, to survey the property. ROCK STREET PARKING. LLC
agree(s) to cure any title 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 of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by ROCK STREET PARKING,
LLC. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be
prorated as of closing.
8. The closing date shall be within fourteen (14) days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to the City of Fayetteville on the date of closing, without any
further obligation to prior contracts entered into by ROCK STREET PARKING, LLC.
10. ROCK STREET PARKING. LLC hereby grant(s) permission for the City of Fayetteville or its employees
or designates to enter the above described property and improvements for the purpose of inspection
and/or surveying.
11. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is
assumed by ROCK STREET PARKING. LLC.
13. ROCK STREET PARKING. LLC shall disclose to the City of Fayetteville any and all environmental
hazards of which ROCK STREET PARKING. LLC has/have actual knowledge. Upon acceptance of all
conditions and terms of this Offer and Acceptance, the City of Fayetteville and ROCK STREET
PARKING, LLC shall share equally the costs of any and all testing for the existence of environmental
hazards. Should the existence of environmental hazards be known or determined, ROCK STREET
PARKING LLC shall cure such, at their expense; or, in the alternative, at the City of Fayetteville's
discretion, the City of Fayetteville may cure such environmental hazard, and ROCK STREET PARKING,
LLC shall indemnify the City of Fayetteville for all costs associated with said cure.
EXHIBIT A
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both the City of Fayetteville and ROCK STREET PARKING. LLC
shall contain the entire understanding and agreement of the parties 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.
16. This contract expires, if not accepted by ROCK STREET PARKING. LLC on or before the 18th day of
March 2010.
17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council
for their approval within twenty (20) days of acceptance by ROCK STREET PARKING, LLC.
18. NOTICE: THE CITY OF FAYETTEVILLE ASSERTS AND ROCK STREET PARKING, LLC
HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT
UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL
OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE
WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT
NOT LIMITED TO, THE RETURN TO CITY OF FAYETTEVILLE OF THE $0.00
EARNEST MONEY DEPOSIT.
AGENT OR WITNESS:
%Secuuk_.5-n-A
City of of Fayetteville, Arkansas,
A municip rporation
Date:
Date:
Date:
Date:
Date:
Date:
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
A part of Block 41, in the Original Town (now City) of Fayetteville, Arkansas, as shown on plat of record in plat
book 4, at page 3, plat records of Washington County, Arkansas, being more particularly described as follows:
Beginning at the NW comer of said Block 41, said point being an existing iron; thence S 89°41'51" E, along the
North line of said Block 41, 134.00 feet to an existing iron; thence S 00°30'11' W, 183.22 feet (record 184.00 feet)
to an existing iron; thence N 89°20'27" W, 134.00 feet to an existing iron on the West line of said Block 41; thence
N 00°30'11" E, 182.32 feet (record 184.00 feet) to the point of beginning.
SIGNED FOR IDENTIFICATION:
(1 1/1 f 7121.
ordi'Smith, City Clerk
Date: 3119//6
Date:
Date:
Date: d//trik)
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS,
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
0 k Notary Public within and for said County and State, personally appeared
CO) W(I" , to me well known as the person(s) who executed the foregoing document, and who stated and
ackn s ledged that he/she/they is/are of
and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of
said , and further stated and acknowledged
that he/she/they had so signed, executed and delivered said instrument for the consideration, uses and purposes
therein mentioned and set forth.
V&
WITNESS my hand and seal on this day of
MY CTIISSION EXPIRES:
9- 1 -Th -
10.
L400,...6..,... BARBARA L. C
MY COMMISSION # 12
EXPIRES: February 2, 2017
IP,"fig'V WashIn ton Coun
Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
SS.
COUNTY OF WASHINGTON
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 Lioneld Jordan 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 acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this 1 lc day of (AJOIO , 2010.
MY COMMISSION EXPIRES:
o2
tAA-Ligi il)S1
Notary Public frit"
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2010
Department: Transportation Services
Division: Parking & Telecommunications
Program: Off -Street Parking
Request Date
4/6/2010
Adjustment Number
JUSTIFICATION TO INCREASE PROJECT / ITEM:
$344,000 is requested in the Rock Street Parking Lot Purchase capital project.
The purchase price of the property is $342,000.00 plus a contingency of $2,000.00 to cover closing costs.
JUSTIFICATION TO DECREASE PROJECT/ ITEM (OR RECOGNIZING REVENUE):
A budget adjustment of $6,750.00 will be taken from Rent Expense that will be the unused remainder of the lease for
the lower level. The other $337,250.00 will be taken from Off -Street Parking Fund Balance which may ONLY be
used for parking related items (land acquisitions, operations, maintenance, equipment, etc.).
Account Name
Land Acquisition
Use of Fund Balance
Rent
Increase Decrease Project.Sub
Account Number Budget Budget Number
2130.9130.5805.00 344,000 10021 . 1
2130.0913.4999.99 337,250
2130.9130.5308.00 6,750
TOTAL 344,000 344,000
'vision Head s'rov"•-__ -10
Date
673
Date
V*--‘ -/9
Date
4 - 10- lei o
Budg
Director
Departm t Director
Nf'0.3.
Fk-nce Director
Date
Date
a e
Requested By
kspringer
Budget & Research Use Only
Type: A
Description:
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
Initial Date
C:pocuments and Settings1scrossonDesktoplRock Street Parking Lot1AMA BAFORM_2010_RackStreetParking
Initial Date
Sharon Crosson
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/6/2010
City Owner) Meeting Date
Agenda Items Only
Parking Management
Division
Action Required:
Transportation Services
Department
A resolution to approve the purchase of a 64 space parking lot located on the southeast comer of Block Avenue and
Rock Street, and approving a budget adjustment for $343,000.000 for the purchase and closing costs.
343,000.00
Cost of this request
2130-9130-5805-00
Account Number
10021-1
Project Number
Budgeted Item 77
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
11111111
Rock Street Parking Lot
Program Category / Project Name
Land Acquisition
Program (Project Category Name
Off -Street Parking
Fund Name
`Pec3 c _ LL.„_ 3 -II- 2.0t6
Finance and Internal Services Director Date
Chief of
41 /,
Ati1140.4Y
Ma r
/0
Date
LAdDa
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised January 15, 2009
'Mtteffle
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Terry Gulley, Director of Transportation
From: Sharon Crosson, Parking and Telecom Manager 4/1"
Date: March 18, 2010
Subject: Purchase of 64 Space Parking Lot and Approval of Budget Adjustment
PROPOSAL:
City staff is requesting a resolution to approve the purchase of a 64 space parking lot located directly behind the
Town Center Parking Garage on the southeast corner of Block Avenue and Rock Street, and the approval of a'
budget adjustment in the amount of $343,000.00 to cover the purchase price plus closing costs. The
Engineering Division had the property appraised in October 2009, at which time it appraised at $380,000.00.
City staff negotiated a purchase price of $342,000.00 with the City paying closing costs, which was accepted by
the seller.
RECOMMENDATION:
This bi-level parking lot is owned by Rock Street Parking, LLC and was originally listed for sale at a price of
$525,000.00. The City currently leases 27 spaces on the lower level for $9,720.00 per year. City vehicles are
currently using this parking lot when working at City Hall in an effort to keep public parking spaces available to
visitors of our downtown area. The upper level has 37 spaces and is vacant most of the time.
In December 2009, the construction of the new Disctict Court and Prosecutor Building was completed. The site
for this building is located where the City previously had a 30 space parking lot. 20 of these spaces were used
for Police Department vehicles which are now parking on the public parking spaces on street. Due to the
proximity of the upper level parking lot to the Police Department, this is an ideal area to park the overflow of
police vehicles that are currently taking up public spaces. The Police Department has a total of 64 vehicles and
only 32 on-site spaces. That leaves 32 vehicles that need a parking space, plus any outside agency such as
Washington County units or other area police agencies that conduct business at our Police Department. If we
choose not to purchase this parking lot, we will have another 27 city vehicles that will be displaced and will
have to take up even more valuable downtown public parking.
BUDGET IMPACT:
The purchase price of the property is $342,000.00 plus a contingency of $1,000.00 to cover closing costs. A
budget adjustment of $6,750.00 will be taken from Rent Expense that will be the unused remainder of the lease
for the lower level. The other $336,250.00 will be taken from Off -Street Parking Fund Balance which may
ONLY be used for parking related items (land acquisitions, operations, maintenance, equipment, etc.).
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT FOR THE
PURCHASE OF A SIXTY-FOUR SPACE PARKING LOT
LOCATED ON THE SOUTHEAST CORNER OF BLOCK AVENUE
AND ROCK STREET FROM ROCK STREET PARKING, LLC IN
THE AMOUNT OF $342,000.00 PLUS APPLICABLE CLOSING
COSTS, AND APPROVING A BUDGET ADJUSTMENT OF
$344,000.00
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 a contract, a copy of which is attached to this Resolution as
Exhibit "A" and incorporated herein as if set out word for word, with Rock Street
Parking, LLC for the purchase of a sixty-four space parking lot located on the
southeast corner of Block Avenue and Rock Street in the total amount of
$342,000.00, plus applicable closing costs.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment, a copy of which is attached to this
Resolution as Exhibit "B" and incorporated herein as if set out word for word, in
the amount of $344,000.00.
PASSED and APPROVED this 6th day of April, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Summag Appraisal' Report
The City of Eayetteva- Engineering Division
As of October 20, 2009
Client:
City of Fayetteville Engineering Division
125 W Mountain St
Fayetteville, AR 72701
Presented By:
The Real Estate Consultants
118 N. East Avenue
Fayetteville, AR 72701
Produced By:
Mark E. Risk
State Certified General Appraiser #0202
File #09-0228
Copyrig fit 2009 by The WcalEstate ConsuCtants
A.1T *grits Wfserved
1a61 of Contents
Salient Facts & Conclusions 3
Subject Location Map 4
Subject Pictures 5
Legal Description 9
Appraisal Inspection Comments 9
Section II - Appraisal -Premises 10
Market Value Defined 10
Definition of Special Purpose Property 10
Purpose Of The Appraisal 11
Intended Use And User Of The Appraisal 11
Property Rights Appraised 11
Subject History 11
Subject Status 11
Assumptions and Limiting Conditions 12
Scope of the Appraisal 17
General Comments 17
Scope of the Appraisal— Appraisal Methods Used 18
Section III — Data Presentation 19
Neighborhood Description 19
Property Description 20
Subject Property Aerial Map 21
City Downtown Zoning Map 21
Subject Site Water and Utility Map 22
Section IV — SuOect Analysis a Valisation Approaches 23
Highest And Best Use Analysis 23
The Four Tests of Highest & Best Use 24
The Market Data Approach 26
The Market Data Approach -- Comparable Land Sales Map 27
The Market Data Approach — Comparable Sales Data 28
Analysis Of Comparables And Conclusion Of Land Value 32
The Cost Approach Methodology 33
Cost Approach Data 34
The Income Approach 35
The Income Approach -- Determination of Economic Rent 36
The Income Approach -- Determination of Economic Rent 37
The Income Approach -- Determination of Net Operating Income 38
The Income Approach — Determination of Capitalization Rate 40
The Income Approach — Determination of Value 41
Correlation, Analysis, and Conclusion 42
Certificate ofAppraiser 44
Section 1 i - ildekndum 45
Zoning Information 45
lOsume 46
1
The gteaf Estate Consultants
118A'. East five.
Tayettevilie, Ar. 72701
479-442-0762
November 6, 2009
Ms Holly Jones, City Land Agent
City of Fayetteville
113 W. Mountain •
Fayetteville, Ar 72701
RE: Appraisal Services
Dear Ms Jones:
City of Fayetteville
Parking Lot at Rock and Block
Fayetteville, Ar 72701
In compliance with your request and to determine the Market Value of thc above captioned property, I hereby certify that I have
personally inspected thc property and made a survey of matters pertinent to the estimation of its value. The subject property was
inspected by the appraiser on October 20. 2009. The intended use is to determine the feasibility of a purchase of the
aforementioned property by the City of Fayetteville. I further certify that I have no interest present or contemplated in the property
under appraisement, and that my fee was not contingent upon the value estimate reported.
The opinions set forth in this letter are stated as of November 6. 2009.
The following narrative appraisal report contains the data gathered in my investigation and shows the method of appraisal in detail. The
report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal
Foundation. This report is considered a complete summary appraisal.
This appraisal is based upon information gathered by the appraiser from the subject owner, public records, and other reliable sources, and
upon an inspection of the subject property and neighborhood. In developing the appraisal approaches used, data was collected from the Real
Estate Consultantsoffice files and courthouse records. The appraiser has applied the Market Data, Cost and Income Approaches in this
appraisal.
This report has been prepared for the exclusive benefit of the City of Fayetteville. This report can only be relied upon by the client.
Based upon my inspection of the subject property and the investigation and analysis can-ied out in this report, it is myconsidered opinion that
the Market Value of the subject property as of October 20. 2009, and subject to the assumptions and limiting conditions set forth in the body
of this report, is as follows:
THREE HUNDRED AND EIGHTY THOUSAND DOLLARS
($380,000)
Respectfully submitted,
a.- 1.141N.
MO. 0
4.4
Mark A. Risk GAA
State Certified
General Appraiser # CG0202
2
Property:
County:
Tamer #(s)
Section 1— T.:..tecutive Summit),
Salient Ruts et Conclusions
64 Space Parking Lot at Corner of Block and Rock Streets in
Downtown Fayetteville
Washington
765-02098-000
Tee Owner Rock Street Parking, LLC
Subject Location: Block Ave and Rock Street - Fayetteville, AR 72701
9daiGngJddress: 231 E Dickson — Fayetteville, AR 72701
Estate Appraised: Fee Simple
Size: Approximately 134 x 183 ft
Level 1 Lot: 88 x 123 if
Level 2 Lot: 62 x 124 ft
Effective Coate: October 20, 2009 - The Date of Inspection
Vtilities: All Municipal Utilities Are Available
Zoning: Downtown General
Hignest and Best `Use: Mixed Use Development
Vatue Indications: Cost Approach $367,000
Market Data Approach $409,000
Income Approach $367,000
Tina( Estimate of alarkft 1/due: $380,000
Note:
This appraisal report has been prepared for the exclusive benefit of The City of Fayetteville. It may
not be used or relied upon by any other party. Any party, who uses or relies upon any information in
this report without the preparer's written permission, does so at their own risk.
3
Subject Location Map
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4
Subject Pictures
Subject Site Lipper Level Looking South
Interior of Subject Site Upper Level Looking North
Subject Pictures
Lower Level ofSubject Lookin_z East
Railing and Stairs ofSubject Looking North
Su6ject Pictures
Street Scene -- Rock Street Looking West
(Subject Site on the Lett)
Street Scene Rock Street Lookin2 Fast
(Subject Site on the Right)
7
Subject Pictures
Street Scene- Block Avenue Lookini4 South
(Subject Property on .eit )
Street Scene- Block Avenue Looking North
(Subject Property on Right)
Property kfrntfication
The property under appraisement is an existing bi-level, 64 space parking lot at the southeast comer
of the intersection of Block Ave and Rock St in Downtown Fayetteville, Washington County,
Arkansas. The property is owned by Rock Street Parking, LLC.. It has been commonly referred to as
the Bank of America Parking Lot.
Le,gat Description
A part of Block 41, in the Original Town (now City) of Fayetteville, Arkansas, as shown on plat of
record in plat book 4, at page 3 , plat records of Washington County, Arkansas, being more
particularly described as follows: Beginning at the NW comer of said Block 41, said point being an
existing iron; thence S 89°41'51" E, along the North line of said Block 41, 134.00 feet to an existing
iron; thence S 00°30'11" W, 183.22 feet (record 184.00 feet) to an existing iron; thence N 89°20'27"
W, 134.00 feet to an existing iron on the West line of said Block 41; thence N 00°30'11" E, 182.32
feet (record 184.00 feet) to the point of beginning.
Appraisal' Inspection Comments
Date: October 20, 2009
Inspection Notes: Mark Risk visually inspected the subject land on the above date. The
inspection consisted of a walking tour of the property with an assistant.
Owner contact: WichariAkander
9
Section - Appraisal ftemises
Marift Value Defined
The Appraisal Foundation defines market value as follows:
"The most probable price that a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently,
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised, and acting in what he considers his own
best interest.
3. A reasonable time is allowed for exposure in the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto.
5. The price represents the normal consideration for the property sold unaffected by special
or creative financing or sales concessions granted by anyone associated with the sale."
Definition cf Special' Turpose Property
The Appraisal Foundation defines a Special Purpose Property as follows:
"A limited -market property with unique physical design, special construction materials, or
layout that restricts its utility to the use for which it was built. Also called special design
property."
The subject property can be considered to be a special purpose property.
10