HomeMy WebLinkAbout144-11 RESOLUTIONRESOLUTION NO. 144-11
A RESOLUTION TO APPROVE A CONTRACT TO RELEASE HABITAT
FOR HUMANITY OF WASHINGTON COUNTY, INC. AND THE CITY OF
FAYETTEVILLE FROM THE REAL ESTATE SALES CONTRACT OF
NOVEMBER 15, 2006 AND TO RECONVEY THE PROPERTY TO THE CITY
OF FAYETTEVILLE AND TO APPROVE A BUDGET ADJUSTMENT OF
$90,000.00
WHEREAS, after receiving approximately eight acres from the City (paid for primarily
by a $90,000.00 grant from the City's Community Development Block Grant Program) in 2006,
Habitat for Humanity worked with the U of A's Community Design Center in hopes of
constructing attractive, sustainable, attainable housing;
WHEREAS, by 2009 Habitat for Humanity had concluded that necessary land
development and infrastructure costs for this development made it unfeasible for affordable
housing; and
WHEREAS, Habitat for Humanity has requested that it be released from its 2006
contract; and
WHEREAS, the U of A Community Design Center has agreed that the 2006 contract can
be released.
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 attached Contract To Release Habitat For Humanity Of Washington County, Inc. And The
City Of Fayetteville From The Real Estate Sales Contract Of November 15, 2006 And To
Reconvey The Property To The City Of Fayetteville and authorizes Mayor Jordan to execute this
Contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment of $90,000.00.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED:
B
ATTEST:
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BO-�AYEiTV1LLE °
By:
.tea
SONDRA E. SMITH, City C1erk/Tre"RkANS.v.. mb
1/«II10�11A195
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda Items Only
Community Services
Division
Action Required:
Development Services
Department
Approval of an agreement for reimbursement of funds to the CDBG fund for the Habitat for Humanity Huntsville
property purchase and approval of a Budget Adjustment for $90,000.00.
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Cost of this request
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Account Number
Project Number
Budgeted Item
$
Category / Project Budget
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Program Category / Project Name
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Funds Used to Date Program 1 Project Category Name
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Remaining Balance Fund Name
Budget Adjustment Attached
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,(14),
Department rector
City Attorney
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Previous Ordinance or Resolution #
Date
Original Contract Date:
f.
'1-T-lak1 Original Contract Number:
Date
Finance and Internal Services Director Date
Received in Cit97-26-11P02:12 CVD
Clerk's Office wi Y1/4_
Staff recommends approval of reimbursement agreement and budget adjustment for $90,000.00
Revised January 15, 2009
av'F'elrille
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: Mayor and City Council
Thru: Jeremy Pate, Director of Development Services
From: Yolanda Fields, CS Dire
Date: July 20, 2011
Subject: Huntsville Property — Land Acquistion Funding Reimbursement
PROPOSAL:
In August of 2007 a Community Development Block Grant (CDBG) in the amount of $90,000.00 was awarded
to Habitat for Humanity of Washington County (HFH -WC) to use towards the purchase of 8.8 acres of property
owned by the City of Fayetteville. The property located on Huntsville Road was to be used for the development
of homes for extremely -low and very low income families. At this time HFH -WC has determined that the
project will not move forward, as indicated in the attached resolution. In accordance with this request, HFH -
WC will deed the property back to the City of Fayetteville and the funding utilized from CDBG to help
purchase the 8.8 acres will be returned to the CDBG program.
Proceeds from the land acquisition were posted to the City of Fayetteville — General Fund. Therefore,
reimbursement of CDBG funds will be made from this fund in the amount of $90,000.00
RECOMMENDATION:
Staff recommends approval of an agreement for reimbursement of funds to CDBG fund for the Huntsville
property and approval of a Budget Adjustment for $90,000.00.
BUDGET IMPACT:
Budget adjustment for $90,000.00.
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT TO RELEASE HABITAT
FOR HUMANITY OF WASHINGTON COUNTY, INC. AND THE CITY OF
FAYETTEVILLE FROM THE REAL ESTATE SALES CONTRACT OF
NOVEMBER 15, 2006 AND TO RECONVEY THE PROPERTY TO THE CITY
OF FAYETTEVILLE AND TO APPROVE A BUDGET ADJUSTMENT OF
$90,000.00
WHEREAS, after receiving approximately eight acres from the City (paid for primarily
by a $90,000.00 grant from the City's Community Development Block Grant Program) in 2006,
Habitat for Humanity worked with the U of A's Community Design Center in hopes of
constructing attractive, sustainable, attainable housing;
WHEREAS, by 2009 Habitat for Humanity had concluded that necessary land
development and infrastructure costs for this development made it unfeasible for affordable
housing; and
WHEREAS, Habitat for Humanity has requested that it be released from its 2006
contract; and
WHEREAS, the U of A Community Design Center has agreed that the 2006 contract can
be released.
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 attached Contract To Release Habitat For Humanity Of Washington County, Inc. And The
City Of Fayetteville From The Real Estate Sales Contract Of November 15, 2006 And To
Reconvey The Property To The City Of Fayetteville and authorizes Mayor Jordan to execute this
Contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment of $90,000.00.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACT TO RELEASE
HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC.
AND THE CITY OF FAYETTEVILLE FROM THE REAL ESTATE SALES
CONTRACT OF NOVEMBER 15, 2006 AND TO RECONVEY
THE PROPERTY TO THE CITY OF FAYETTEVILLE
WHEREAS, on October 25, 2006, Habitat For Humanity of Washington County, Inc.
executed the Real Estate Sales Contract offering to purchase approximately eight acres from the
City of Fayetteville for $152,000.00 ($90,000.00 of those funds came from the Fayetteville
Community Development Block Grant); and
WHEREAS, on November 7, 2006, the Fayetteville City Council passed Ordinance No.
4944 agreeing to this Real Estate Sales Contract with Habitat For Humanity; and
WHEREAS, on November 15, 2006, Mayor Dan Coody executed the Real Estate Sales
Contract on behalf of the City of Fayetteville; and
WHEREAS, Habitat For Humanity of Washington County, Inc. determined in 2009 that
the land development and infrastructure costs for its proposed 20 lots for affordable housing on
the eight acres were so high that its affordable housing could not be built on these lots; and
WHEREAS, on July 28, 2009, Habitat For Humanity of Washington County, Inc.'s
Board of Directors passed a Resolution requesting that the City of Fayetteville release it from the
Real Estate Sales Contract of November 15, 2006; and
WHEREAS, on July 18, 2011, Stephen Luoni, Director of the University of Fayetteville
Community Design Center, agreed that the 2006 contract could be released; and
WHEREAS, the City Council of the City of Fayetteville desires to accommodate Habitat
For Humanity of Washington County, Inc.'s request.
NOW, THEREFORE IT IS AGREED BY HABITAT FOR HUMANITY OF
WASHINGTON COUNTY, INC., hereinafter "Habitat for Humanity" and the CITY OF
FAYETTEVILLE as follows:
1. Habitat for Humanity shall and does hereby release the City of Fayetteville from all
terms and conditions of the Real Estate Sales Contract of November 15, 2006 and agrees to
reconvey the subject eight acres of land to the City of Fayetteville.
2. The City of Fayetteville shall and does hereby release Habitat for Humanity from all
terms and conditions of the Real Estate Sales Contract of November 15, 2006 and agrees to
repay funds actually paid from Habitat for Humanity's own resources for the conveyance of the
eight acres to Habitat for Humanity. The City also agrees to repay to the Community
Development Block Grant the $90,000.00 which had been awarded to Habitat for Humanity to
help purchase this property. There shall be no repayment of any portion of the potential
$52,000.00 in credits that might have been authorized by the City Engineer and Planning and
Development Management Director.
3. Habitat for Humanity further agrees that the City of Fayetteville should directly repay
all funds received from Fayetteville's Community Development Block Grant for this project to
Fayetteville's Community Development Block Grant.
4. Habitat for Humanity further agrees to indemnify the City of Fayetteville, its officials
and employees from any claims, causes of actions or liability connected or related to this
agreement to release Habitat for Humanity from its November 15, 2006 Real Estate Sales
Contract.
IN AGREEMENT WITH ALL OF THE PROMISES, TERMS AND CONDITIONS
ABOVE, the authorized representatives of HABITAT FOR HUMANITY OF WASHINGTON
COUNTY, INC. and the CITY OF FAYETTEVILLE sign our names below on the date
indicated:
HABITAT FOR HUMANITY
OF WASHINGTON COUNTY, INC.
CITY OF
FAYETTEVILLE, ARKANSAS
By: _ . LSC By: /
Pct_ L. 1,t) ; iecx /bores z c[ e4 --
Printed Name and Title
Date
ge/3/n
ATTEST OR WITNESS:
ONELD
Date
ATTEST:
AN, Mayor
- /6, -11
By:3 .
Sondra E. Smith, City Clerk/Trewropur ,�r��
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Printeame and Title
CONTRACT TO RELEASE
HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC.
AND THE CITY OF FAYETTEVILLE FROM THE REAL ESTATE SALES
CONTRACT OF NOVEMBER 15, 2006 AND TO RECONVEY
THE PROPERTY TO THE CITY OF FAYETTEVILLE
WHEREAS, on October 25, 2006, Habitat For Humanity of Washington County, Inc.
executed the Real Estate Sales Contract offering to purchase approximately eight acres from the
City of Fayetteville for $152,000.00 ($90,000.00 of those funds came from the Fayetteville
Community Development Block Grant); and
WHEREAS, on November 7, 2006, the Fayetteville City Council passed Ordinance No.
4944 agreeing to this Real Estate Sales Contract with Habitat For Humanity; and
WHEREAS, on November 15, 2006, Mayor Dan Coody executed the Real Estate Sales
Contract on behalf of the City of Fayetteville; and
WHEREAS, Habitat For Humanity of Washington County, Inc. determined in 2009 that
the land development and infrastructure costs for its proposed 20 lots for affordable housing on
the eight acres were so high that its affordable housing could not be built on these lots; and
WHEREAS, on July 28, 2009, Habitat For Humanity of Washington County, Inc.'s
Board of Directors passed a Resolution requesting that the City of Fayetteville release it from the
Real Estate Sales Contract of November 15, 2006; and
WHEREAS, on July 18, 2011, Stephen Luoni, Director of the University of Fayetteville
Community Design Center, agreed that the 2006 contract could be released; and
WHEREAS, the City Council of the City of Fayetteville desires to accommodate Habitat
For Humanity of Washington County, Inc.'s request.
NOW, THEREFORE IT IS AGREED BY HABITAT FOR HUMANITY OF
WASHINGTON COUNTY, INC., hereinafter "Habitat for Humanity" and the CITY OF
FAYETTEVILLE as follows:
1. Habitat for Humanity shall and does hereby release the City of Fayetteville from all
terms and conditions of the Real Estate Sales Contract of November 15, 2006 and agrees to
reconvey the subject eight acres of land to the City of Fayetteville.
2. The City of Fayetteville shall and does hereby release Habitat for Humanity from all
terms and conditions of the Real Estate Sales Contract of November 15, 2006 and agrees to
repay funds actually paid from Habitat for Humanity's own resources for the conveyance of the
eight acres to Habitat for Humanity. The City also agrees to repay to the Community
Development Block Grant the $90,000.00 which had been awarded to Habitat for Humanity to
help purchase this property. There shall be no repayment of any portion of the potential
$52,000.00 in credits that might have been authorized by the City Engineer and Planning and
Development Management Director.
3. Habitat for Humanity further agrees that the City of Fayetteville should directly repay
all funds received from Fayetteville's Community Development Block Grant for this project to
Fayetteville's Community Development Block Grant.
4. Habitat for Humanity further agrees to indemnify the City of Fayetteville, its officials
and employees from any claims, causes of actions or liability connected or related to this
agreement to release Habitat for Humanity from its November 15, 2006 Real Estate Sales
Contract.
IN AGREEMENT WITH ALL OF THE PROMISES, TERMS AND CONDITIONS
ABOVE, the authorized representatives of HABITAT FOR HUMANITY OF WASHINGTON
COUNTY, INC. and the CITY OF FAYETTEVILLE sign our names below on the date
indicated:
HABITAT FOR HUMANITY CITY OF
OF WASHINGTON COUNTY, INC. FAYETTEVILLE, ARKANSAS
By: By:
LIONELD JORDAN, Mayor
Printed Name and Title
Date Date
ATTEST OR WITNESS: ATTEST:
By: By:
Sondra E. Smith, City Clerk/Treasurer
Printed Name and Title
e vi e
ARKANSAS
www.accessfayetteviiie.org
14 July 2011
Mr. Stephen Luoni, Director
University of Arkansas Community Design Center
104 N. East Avenue
Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
DEVELOPMENT SERVICES DEPARTMENT
Sts West Mountain
Fayetteville, AR 72701
Phone (479) 444-3443
RE: Status of the University of Arkansas/USEPA/ANRC/Habitat for Humanity Huntsville Road Affordable
Housing Project , aka "Porchscapes"
Dear Mr. Luoni,
I have been given the task of finding final resolution for the City regarding the Porchscapes project. As you are
aware, the City's involvement in this project was to sell the Habitat for Humanity organization a tract of land off of
Huntsville Road at a reasonable price to assist in making the project happen. Federal Community Development Block
Grant (CDBG) funding was also provided through the City's Community Development program for the Sustainable
Development Project on which your team worked. Subsequently, this funding was utilized for the acquisition of property
for the project. The land purchase was completed and the Habitat organization holds the deed to this property.
It is my understanding that all parties mutually agree that the Porchscapes project is not going to occur as was
originally intended, for a variety of reasons. The Board of Directors for Habitat for Humanity passed a Resolution
(attached) requesting the City release Habitat from the land purchase contract it entered into with the City of
Fayetteville in November of 2006. In addition, after meeting with Mayor Jordan and Chief of Staff Don Marr in 2009, and
through a letter to the Mayor in March of 2010, you have indicated that your grant obligations associated with the
USEPA's Section 319 Non -point Source Pollution program grant required you to secure a new client and get the project
back on schedule by June 1, 2010. Failure to do so would result in a cancellation of the grant by USEPA and ANRC and
you indicated that after that date you "would make no further request of the City to enforce conformance with the
conditions of the sale." I assume that this did not occur, and the grant has subsequently been cancelled, as we have
heard nothing further since that time.
Representing the City, it is my belief that at all levels we desired to see this project come to fruition, much as
you and -your team did. Given that we are several years down the road, however, we would like to tie up any loose ends
as much as possible. From our position, the land acquisition funding needs to be reimbursed to the CDBG program under
its federal guidelines. Failure to complete the reimbursement process could lead to a reduction in future CDBG funding
to the City and/or other restrictions from the Department of Housing and Urban Development. It is our intent to take
the deed -to the property -back and return the acquisition funds to the CDBG program to be used for other eligible
projects. The City requests that you sign -the attached letter acknowledging the UACDC wants the contract ended; as you
have indicated, and waiving any third party beneficiary claims on the contract. After receiving this confirmation, we will
schedule a closing for Habitat to deed the land back to us and return the funds to CDBG.
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
If you have any questions, please don't hesitate to contact me. A reply by Monday, August 01 would be greatly
appreciated.
Best Regards,
Iu�c.l�r, •
Jeremy C. Pate, APA, ASLA
Development Services Director
City of Fayetteville, Arkansas
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
Date '2-I)- 1,0il
Mayor Lioneld Jordan
City Administration Building
113 W. Mountain Street
Fayetteville, AR 72701
RE: Habitat contract
Dear Mayor Jordan:
In conformance with my letter of March 23, 2010, this letter acknowledges
that the University of Arkansas now agrees that the University no longer requests
or desires the City of Fayetteville to attempt to enforce its Real Estate Sales
Contract with Habitat for Humanity of Washington County, Inc. entered into about
November 15, 2006. Furthermore, the University acknowledges that it is not a
third pari beneficiary of such contract and waives any such third party beneficiary
rights under the contract.
Sincerely,
STEPHEN LUONI, Director
University of Arkansas Community Design Center
UNIVERSITY OF ARKANSAS
COMMUNITY DESIGN CENTER
104 North East Avenue
Fayetteville, AR 72701
phone 479-575-5772
fax 479-575-7045
http:IJuacdc.uark.edu
outreach center of the
school of architecture
March 23, 2010
The Honorable Lioneld Jordan
Mayor of Fayetteville, Arkansas
City Administration Building
113 West Mountain Street
Fayetteville, AR 72701
mavorPci.favetteville.ar.us
Re: Status of the University of Arkansas/USEPA/ ANRC/Habitat for Humanity Huntsville Road
Affordable Housing Project
Dear Mayor Jordan:
Thank you for your consideration of the matter regarding the status of the Huntsville Road
affordable housing project, hereafter known as Porchscapes. This three-year project is a
collaboration among the University of Arkansas, McClelland Engineering Consultants, Inc., the
U.S. Environmental Protection Agency (USEPA), the Arkansas Natural Resources Commission
(ANRC), and Habitat for Humanity of Washington County (Habitat), and funded under USEPA's
Section 319 Non -point Source Pollution program. The City of Fayetteville also made critical
contributions towards project development, especially through sale of the property to Habitat
under very favorable conditions. As you may recall, the conditions of that sale stipulated in
Ordinance 4944 and ratified November 7, 2006 bind Habitat to carry out the terms of the grant
made by ANRC to the University of Arkansas. Basically, ANRC wants a demonstration Low Impact
Development with housing constructed on the site.
While Habitat has since withdrawn their commitments to the project under its new Executive
Director, Wendi Jones, for several stated reasons, our grant obligations require us to secure a
new client by June 11% 2010. Failure to secure a new client and move the project back on
schedule towards construction will result in the withdrawal of further funding and cancellation of
the grant by ANRC and USEPA. We are currently holding informal discussions with a prospective
client, and request that the City continue to enforce conformance with the conditions of the sale
as well as those of the Community Development Block Grant awarded by the City to Habitat in
support of the property purchase. Should we find a new client willing to sponsor construction of
the project we fully expect reversal of the agreements between the City and Habitat, since
Habitat has indicated to us their intended cooperation in facilitating construction of the project
by another housing provider.
If we are unsuccessful in securing a new client resulting in cancellation of the grant after June 14`,
we make no further request of the City to enforce conformance with the conditions of sale.
However, the City should understand organizations' capacities in allocating future resources,
given its own interest in seeing more construction of affordable housing. While the project team
UNIVERSITY OF ARKANSAS
COMMUNITY DESIGN CENTER
has billed ANRC $252,000 for modeling, engineering, planning, and education services, more
than $1.3 million in professional services have been delivered over the last three years. The
unexpected retirement of former Executive Director, Patsy Brewer, who commissioned
Porchscapes, threw the project off schedule in terms of time and organizational capacity to
Continue with the project. Habitat has given several public reasons for their withdrawal, including
fundraising issues, revised infrastructure costs due to poor soil conditions and floodplain map
revisions (understood and approved by Brewer), and philosophy about affordability (they don't
want to account for the cost of infrastructure). Please note that the project had been redesigned
to meet the technical challenges posed by impervious soils and floodplain map revision
conditions. Patsy and I were confident that her funding sources would have met the $6 million
goal needed for the entire 43 -unit project. Habitat's new administration has certainly been very
casual about its investment in the project despite the incredible amount of resources expended
by the rest of the project team, the City, and others (i.e., the University's Women's Giving Circle,
Kellogg Foundation, USGBC). We all miss Patsy's ambition and capacity to solve for multiple
issues.
Nonetheless, we have greatly appreciated the City's leadership at all levels in the project, and
look forward to another once-in-a-lifetime opportunity to build a demonstration project in
Fayetteville. Thanks again for your consideration, and let's hope something miraculous happens
by June.
Sincerely,
Stephen Luoni, Director
Steven L. Anderson Chair in Architecture and Urban Studies
RESOLUTION
A RESOLUTION TO RELEASE HABITAT FOR HUMANITY OF
WASHINGTON COUNTY, AR., INC. FROM THE TERMS OF THE REAL
ESTATE CONTRACT WITH THE CITY OF FAYETTEVILLE TO PURCHASE
PROPERTY FOR AFFORDABLE HOUSING AS PART OF A
DEMONSTRATION PROJECT
Whereas, Habitat For Humanity of Washington County, Arkansas, inc. entered
into a Real Estate contract, dated October 26, 2006, with the City of Fayetteville for land
owned by the City, and
Whereas, the land was to be purchased for development of at least 20 lots for
affordable housing, in conjunction with the University of Arkansas Community Design
Center, and
Whereas, the initial cost estimates for the project were considered to be
reasonable and affordable, and are now considered beyond Habitat's resources.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF HABITAT FOR HUMANITY OF WASHINGTON COUNTY,
ARKANSAS, INC.:
Section 1. That the Board of Directors of Habitat for Humanity of
Washington County, Arkansas, Inc. requests the City of Fayetteville to release Habitat
from the sales contract, dated October 26, 2006, in whatever manner deemed legal and
proper.
Section 2. That the Board of Directors of Habitat for Humanity of
Washington County, Arkansas, Inc. further resolves to work with the City of Fayetteville
to assure the return of the community Development Block Grant funds used to partially
fund the purchase.
PASSED and APPROVED this 28`" day of July, 2009.
APPROVED:
By:
ATTEST:
avis, Secretary
v�yr
Tommy LevGis, President
ORDINANCE NO. 4944
TATs ORDINANCE WAIVING THE REQUIREMENTS OF
§34.27, CODE OF FAYETTEVILLE AND APPROVING A
REAL ESTATE SALES CONTRACT WITH HABITAT FOR
HUMANITY OF WASHINGTON COUNTY, INC. IN THE
AMOUNT OF $152,000 FOR THE PURCHASE OF EIGHT
ACRES SOUTH OF HUNTSVILLE ROAD AND SEVEN HILLS
TRANSITIONAL HOUSING; AND DESIGNATING A
PORTION OF THE REMAINING ACREAGE SOUTH AND
EAST OF THIS PARCEL AS PASSIVE GREENSPACE OR
PARKLAND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby waives the
requirements of § 34.27, Code of Fayetteville, and approves a Real Estate Sales Contract with
Habitat For Humanity Of Washington County, Inc. in the amount of $152,000.00 for the
purchase of eight acres south of Huntsville Road and Seven Hills Transitional Housing. A copy
of the contract is attached hereto marked Exhibit "A" and made a part hereof. The Engineering
and Planning Divisions may authorize credits to Habitat against the purchase price for the fair
value of storm water management features in excess of normal code requirements and
educational demonstration projects to spur innovation and increased efficiency for other
developers in the storm water management area.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates
a portion of the remaining acreage south and east of this parcel as passive greenspace or parkland
to be developed after consultation among Habitat for Humanity of Washington County, Inc., the
City Parks Department and the Parks and Recreation Board. A portion of the consideration to
purchase the eight acres may include design and development of this parkland by Habitat and its
development partner.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor and City Clerk to execute said contract with Habitat for Humanity of Washington
County, Inc. \,lu rii`e,r'
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4.131;
.
FAYETTEVILLE:
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g.
By: Q1&1Lkt-o-/''4•GT. Novo%
SONDRA SMITH, City Clerk
PASSED and APPROVED this 7th day of November, 2006.
APPROV_D: ATTEST:
REAL ESTATE SALES CONTRACT
1. The City of Fayetteville, Arkansas offers to sell and Habitat For Humanity Of Washington
County, Inc. (hereinafter Habitat For Humanity) offers to buy, subject to terms and conditions
set forth in this contract, approximately eight (8) acres more particularly described in Exhibit
"1" attached hereto and made a part hereof.
SEE ATTACHED EXHIBIT "1"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, Habitat For Humanity shall pay for the
property One Hundred Fifty -Two Thousand Dollars ($152,000.00). One Hundred Thousand
Dollars ($100,000.00) shall be due at closing. The remaining Fifty -Two Thousand Dollars
($52,000.00) shall be subject to credits authorized by the City Engineer and the Planning and
Development Management Director and shall be due prior to the issuance of the first building
permit for any lot developed upon this property.
3. Conveyance will be made Habitat For Humanity by General Warranty Deed, except it shall be
subject to recorded inns rnents and easements, if any, which do not materially affect the value
of the property.
4. No title insurance shall be required of the City of Fayetteville for this sale and conveyance.
Habitat For Humanity may request and pay for title insurance at its option.
5. The City of Fayetteville agrees to allow Habitat For Humanity, at Habitat For Humanity's
expense, to survey the property.
6. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville,
General taxes, ad valorem taxes and special assessments shall be prorated as of closing.
7. The closing date shall be within one hundred eighty (180) days after approval of this Real Estate
Contract 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 Habitat For Humanity on the date of closing.
9. The City of Fayetteville hereby grants permission for Habitat For Humanity or its designees 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 Habitat For Humanity any and all environmental
hazards of which the City of Fayetteville has actual knowledge.
12. Habitat For Humanity Of Washington County, Inc. agrees to develop this parcel into at least
twenty (20) lots to be used for its affordable housing projects in conjunction with the University
of Arkansas Community Design Center. Habitat For Humanity further agrees to assist the U of
A in applying for and complying with grants to make this project more affordable for the future
homeowners. Habitat For Humanity shall employ advanced ecological storm water
management development techniques and require its homeowners to properly maintain all such
facilities pursuant to non -amendable restrictive covenants.
13, Habitat For Humanity Of Washington County, Inc. agrees to develop this eight acre parcel as a
Planned Zoning District so that the Planning Commission and City Council can review and
approve the design of the subdivision and the proposed innovative designs of the houses.
14. The City of Fayetteville and Habitat For Humanity agree that the benefits to the City of
Fayetteville of the advanced stormwater management techniques employed on this site (both for
control of stormwater and drainage and as demonstration projects for the benefit and education
of other developers) should form a portion of the compensation for this purchase and designate
the City Engineer and the Planning and Development Management Director to ascertain and
determine the fair market value of these services which shall reduce the amount owed on the
purchase price of this eight acre parcel.
15. This agreement shall be governed by the laws of the State of Arkansas.
16. This agreement, when executed by both Habitat For Humanity and the City of Fayetteville shall
contain the entire understanding and agreement ofthe 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.
CITY OF FAYETTEVILLE
A Municipal Corporation
Attest:
„A;mu
Sondra mith, City Clerk
Date: /I /i/c.1
HABITAT FOR HUMANITY OF
WASHINGTON COUNTY, INC.
By: (:??t
PATSY BREWER
Executive Director
Date: /4 — 5-0
Agent or/CtA '
A ,P4'
Date:
2
/0 -Oa
ACKNOWLEDGMENT
STATE OF ARKANSAS
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 Patsy Brewer to me
well known as the person who executed the foregoing document, and who stated and acknowledged that
she is the Executive Director of Habitat For Humanity Of Washington County, Inc. and is duly
authorized in her respective capacity to execute the foregoing instrument for and in the name and behalf
of the corporation, and further stated and acknowledged that she 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 oIS'clay of October, 2006.
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Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
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 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
acknowledged that they had so signed, executed and delivered said instrument for the consideration,
uses and purposes therein mentioned and set forth.
-4h
WITNESS my hand and seal on this 15 day ;f October, 2006.
My Commission Expires:
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A. (h5. Department of Housing
and Urban Development
Settlement Statement
... of Loon
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00040010shown. (tams marked ('POC') wsrp Paid oWsli10 #1to oloBina: they am Shown here for Inlonnlolkln
o a nil in
0. Hiknlr pf.Borrawer:. HabllaE fori Ilun0A2y Ofyvaeltklgton:Counly. Arkpnsas. Inc
V. Roma of -Salter: City 0 ayettiev)(la. Arkansas Tilt
F. Hama of Wonder: Alvvsl Bank. P.O. Box 1327. Fsyeltsvlfe. AR 72702
0. Properly LosotIon & IS acres -(Me 0 112 of kha NE. SectIn 22.0830
Huntaolle, Rd., Faystlevi$e. AR
H. SetHemenI-Aysnt: Herlta0a Lind T810 of Arkansas 1479) 442.8400 TINT 71.0728039'
P4ce of Ssttlernrnt: 2153 E. Joyce Bbd, Su to 201, FayeMw9a, AR 72703
1.8stttwlwl.l lists: 211472006 PrM ISn Data. 2114/2009
.�,�` , '+6/ O 1:iOi'Pt1Yl��la 1TlM �::--a.Llrw,d'.e ra7x.5ex.'$,.uritt�t'Ya,6116t`8,
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:52,504,62
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09.495.38
Bu88TRUrs PORN leis SELLER STATEMENT .The hrlrmoirn oonlaeud N Blocks E. G. H and I and on Ilex 401 (or. 001,401 11 Altonl810, liras 4020110404), 406,407
and 400-412 (appreabb port of buyK$ 100100151. lax repOnable to the IRS14 important tet.inkmlaibn and 110000 104119110d (o x,4 Internal 0154.1105 Suolm. 11 you are nqueed
to IW a Ilium, a oatll6encs omnoty or olker semcdan wa be hposad on you lids dam p n44ulnd,fa to 16501102 and vla;Bk3 dstennlrc4s ((rat a lea not boon reported.
SELLER INSTRUCTION . k thS real Mile was your pralolpat 190Id0nCe, fill Iorm 2119. Se1, or EOchOrlOe of Prhdpsl RosklNlos. W any Oeln, 90210W irooels ram ralum; for
alhe7 Uen1 0IIona, 4.10p410 line app5eeb4 pod. W farm 4797. Foe,, 6252 andlor Schadu4 O (P4r.1 11140$.
euyer(r):
Hsbltst For Humsnity of Waahrneton County. AR
Paisy Brawor, E salt vs Director
'I.
So11ar{.I:
Oily of Paysttsvllle. Arkansas, 0 munlalpal carporuon
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Division: ' Miscellaneous Request Date
2011 Department: Mayors Administration 8/16/2011
V11,0415
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION
For an agreement for reimbursement of funds to CDBG fund for the Habitat for Humanity, Huntsville property
purchase. Receiving the land back and refunding the purchase price.
Division Head Date
Budget Director Date
Departmenf Director Date
Fina a Director Date
J
ie o S ff Date
...,..-- rf s is
r Date
Prepared By: B. Fell
bfell
Reference:
Budget & Research Use Only
Type: A B C �-' E P
General Ledger Date
Posted to General Ledger
Checked / Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT 90,000 90,000
Increase 1(Decrease) Project.Sub
Account Name Account Number Expense Revenue Number
Land acquisition 1010.6600.5805.00 90,000 11025 . 1
Use of fund balance 1010.0001.4999.99 90,000
I-llBudget\Budget Adjustments12011 Budget1Barbara\Refund Land Purchase CDBG_Habitat for Humanity 1 of 1
alc�+rn� /1/Lf-1
Parcel No. 765-15079-001
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS: IIIIiII llIlLIflhIlI1I1l1lLl1Il I11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIlI11111111111
Doc ID: 014193790002 Type: REL
THAT Habitat for Humanity of Washington County, Arkansas, Inc., a Kind: WARRANTY DEED
g y Recorded: 09/07/2011 at 01:12:26 PM
non-profit corporation, hereinafter called GRANTOR, for and in consideration Fee Amt: $20.00 Pace I of 2
of the sum of One Dollar ($1.00) and other good and valuable consideration, the Washinaton County. AR
receipt of which is hereby acknowledged, do hereby grant, bargain, sell and Bette Stamps Circuit Clerk
convey unto the City of Fayetteville, Arkansas, a municipal corporation, Fi1e2011-00025130
hereinafter called GRANTEE, and unto Grantee's successors and assigns, the
following described land situated in the County of Washington, State of
Arkansas, to -wit:
A part of the East Half (E '/) of the Northeast Quarter (NE 1 ) of Section Twenty-two (22), Township
Sixteen (16) North, Range Thirty (30) West, of the Fifth (5`h) Principal Meridian, being more particularly
described as follows: Commencing at the Northwest corner of said Eighty (80) acre tract; thence along
the West line of said tract South 02°42'46" West 42.71 feet to the South right-of-way of Huntsville Road,
said right-of-way being 59 feet in width per Fayetteville Master Street Plan, Resolution Number 161-67;
thence continuing along said West line South 02°42'46 West 1120.56 feet to the POINT OF BEGINNING;
thence leaving said West line South 87°49'52 East 238.90 feet; thence North 02°45'38" East 201.20 feet
to the South line of Zola Drive; thence along said South line South 87°08'48" East 14.96 feet; thence
along the East line of said Zola Drive North 02°46'54" East 479.61 feet; thence South 87°1306" East
18.17 to the Easterly property line of a property described in Instrument Number 2001-11773 with the
Circuit Clerk of Washington County, Arkansas; thence along said Easterly line of said parcel South
09°53'23" East 132.12 feet; thence continuing along said Easterly line South 82°38'23" East 213.47 feet;
thence continuing along said Easterly line South 02°14'18" West 204.01 feet; thence leaving said Easterly
line North 87°08'48" West 143.27 feet; thence South 02°14'18" West 1088.14 feet to the centerline of the
Old Pacific and Great Eastern Railroad right-of-way; thence along said centerline North 83°15'47" West
382.72 feet to the West line of said Eighty (80) acre tract; thence leaving said centerline and along said
West line North 02°42'46" East 728.11 feet to the Point of Beginning, containing 8.818 acres, more or
less. (Shown as Tract "C" on Lot Split recorded in Instrument No. 2008-00001953.)
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever.
WITNESS the execution hereof on this day of 5� Tn, �_ , 2011.
Habitat for Humanity of Washington County, Arkansas, Inc., a non-profit corporation
By:
ATTEST: [Please print or type name a title]
WARRANTY DEED
Page 2 of 2
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the uq�lersigned, a d fy commissioned and acting Notary Public
within and for said County and State, personally appeared U,t .e W I �GD�( and
to me well knq n as he persons who execlud the foregoing document, and who stated and
acknowledged that they are the 4 -''Si JrrPT and of the Habitat for
Humanity of Washington County, Arkansas, Inc., a non-profit 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 I— day of
MY COM ISS O�NhEXPIRES:
L(J
2011.
Notary ublic
=PUBUC
SEAL
UIRE
. ARKhvSAS
COUNTY
11?J7P.
Washington County, AR
I certify this instrument was filed on
09/07/2011 01:12:28 PM
and recorded in Real Estate
File Number 2011-00025130
Bette Stamps - Circuit Clerk