HomeMy WebLinkAbout199-13 RESOLUTIONRESOLUTION NO. 199-13
A RESOLUTION TO APPROVE THE THIRD AMENDMENT TO LAND
SALE AGREEMENT WITH KUM & GO, L.C. TO EXTEND THE CLOSING
DATE TO NO LATER THAN FEBRUARY 12, 2014 AND TO AGREE TO
EQUALLY SHARE THE COSTS OF A NEW TRAFFIC SIGNAL
WHEREAS, the City of Fayetteville agreed to sell and Kum & Go, L.C. agreed to buy a
lot of slightly under two acres for $1,155,001.00 pursuant to the First Amendment to Land Sale
Agreement approved by the City Council by Resolution No. 26-13 on February 5, 2013; and
WHEREAS, Kum & Go, L.C. and the City agreed to cost share 50150 the design and
construction costs for the agreed upon new street from the intersection of Happy Hollow and
Huntsville to Ray Avenue and agreed that the Closing Date would be in early December at the
option of Kum & Go, L.C.; and
WHEREAS, the City requested and Kum & Go, L.C. agreed to extend the period
allowed for the demolition of the old Tyson factory for about an additional two and a half
months to enable the City to sell the building for salvage for a substantial savings for our
taxpayers; and
WHEREAS, Kum & Go, L.C. has now requested that the City agree to extend the
Closing Date to February 12, 2014 (which is less of an extension than Kum & Go, L.C. granted
the City for its demotion period); and
WHEREAS, Kum & Go, L.C. has requested that the City agree to a further 50150 cost
share for any expenses related to the new traffic signal needed for intersection of Happy Hollow
and Huntsville which accesses both City and Kum & Go, L.C. property.
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 Third Amendment to the Land Sales Agreement attached to this Resolution and authorizes
Mayor Jordan to sign this amended Agreement.
In
PASSED and APPROVED this 17'h day of September 2013.
ATTEST:
By: A --, NNA i C yl,. - a
SONDRA E. SMITH, City
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FAYETTEVILLE>'
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/17/2013
City Council Meeting Date
Agenda Items Only
Kit Williams City Attorney City Attorney
Submitted By Division Department
ng
$0 $
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item
Budget Adjustment Attached
"( .J' i3 Previous Ordinance or Resolution #
Department Director Date
4 q- 3- ,3
Ci ttorney Date
Finance and Internal Services Director *ate
lls,tll-1
lJ
Chief of Stiff
,�/3
1 Date
Original Contract Date:
Original Contract Number:
-l0--I- 1 j i i i RCVD
Received in City]
Clerk's Office ±Wi I
Received in 9
Mayor's Office A3
Revised January 15, 2009
Departmental Correspondence
RKANSAS
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Finance Director
David Jurgens, Utilities Director
Jeremy Pate, Development Services Dig
FROM: Kit Williams, City Attorney (1
DATE: September 4, 2013
RE: Third Amendment to Land Sale Agreement Needed
Kum & Go, would like to extend the Closing Date from what the
contract allows. The Closing Date was initially allowed to be 180 days
from the date of the contract (February 5, 2013), plus two optional
extensions of 60 days each. This would be approximately 10 months total
which would mean the Closing Date would have to occur by about
December 5, 2013. As you remember, Kum & Go accommodated our
request to extend the time for demolition of the Tyson Factory in the
Second Amendment to the Land Sale Agreement for about 2 1/2months so
we could sell the building for scrap prior to demolishing the foundation.
Thus, it would certainly be reasonable to accommodate Kum & Go now to
move the required date for the Closing until February 2014.
Although relatively minor, this change to the contract must be
approved by the City Council. I would suggest that we include in this
Third Amendment To Land Sale Agreement a further 50/50 cost share
agreement for the replacement of the stop light if approved by the
Arkansas Highway and Transportation Department. We should soon
receive the Department's response to this request and could then estimate
cost.
I propose the following sentence be added to paragraph 4:
"Kum & Go, L.C. and the City agree to cost share 50/50
(both to pay equal amounts) of the design, purchase,
installation and construction expenses to install a new traffic
signal at the intersection of Happy Hollow and Huntsville Road
because of the construction of the street entering the City's land
at this intersection, which street also provides access to Kum &
Go's business."
I am recommending this 50/50 cost share for any such necessary
traffic signal improvement pursuant to § 166.04 Required Infrastructure
Improvements -Development in City Limits, specifically § 166.04 (B)(3)
and § 155.06 (C)(1) of the Unified Development Code. These code sections
(as well as the United States Constitution) limits what the City (or any
government) can demand in the form of city infrastructure improvements
to "the 'rough proportionality' of the impact of the development upon the
city's infrastructure...." The City will maintain ownership of the majority
of the parcel served by the traffic signal. The City's land includes a
commercial lot comparably sized to Kum & Go's lot whose primary access
will also be through this signalized intersection. It is also anticipated the
existing residents in the Ray Avenue neighborhood will take advantage of
the new signalized intersection especially during the morning rush hour.
Therefore, in fairness and for constitutional reasons, the City of
Fayetteville ought to shoulder an equal share of the costs for this new
traffic signal.
2
CONCLUSION
Attached is a proposed Third Amendment to the Land Sale
Agreement which:
(1) Extends the Closing date to as late as February 12, 2014; and
(2) Agrees to the 50/50 cost share with Kum & Go, L.C. for the
new traffic signal.
3
Fayetteville Code of Ordinances
based on the rough proportion lity
(c) Water, sewer, or street frontage. Any lot
and rational nexus of the impactl of
that is created shall have adequate
the project.
street frontage or street access that
meets the minimum requirements of the
(iii) Dedications. The City Cou cil
zoning code, and access to public water
accepts all streets and all ys
and sewer as required by city and state
located in Fayetteville that have
code. If a lot split would create or
been previously approved and
exacerbate a nonconforming situation
accepted as dedications by the
(such as cutting off a lot from public
Fayetteville Planning
water, sewer, street frontage, or street
Commission/Subdivision
access), the lot split may not be filed of
Committee. The City Council
record until the required easement is
confirms the acceptance of all such
dedicated and/or the infrastructure is
streets and alleys dedicated I by
first constructed to City specifications, or
developers/owners to the city which
a variance or waiver is granted by the
have been approved by the
Planning Commission.
Fayetteville Planning
Commission/Subdivision
(d) Parkland dedication. Parks fees shall be
Committee.
assessed for each new residential unit
that is constructed on the additional
(b) Monuments and lot stakes. The
lot(s) in accordance with the parkland
surveyor shall cause, preserve, and/or
dedication requirements outlined in
replace monuments and/or lot stapes
Fayetteville Unified Development Code
marking the corners of a parcel to be ,set
Chapter 166. Said fees shall be paid
in accordance with Section 3.2, general
prior to issuance of a building permit for
procedures, of the Arkansas Minimum
construction on the new lot.
Standards for Property Boundary
Surveys and Plats.
(3) Preliminary/Final/Concurrent Plat, Large
Scale Development, Large or Small Site
(c) Streets.
Improvement Plan.
(i) On -site. Widening the street
(a) Dedication of right-of-way.
adjacent to the project frontage and
construction of all interior streets to
(i) On -site. Sufficient right-of-way
meet Master Street Plan standards.
dedication, to bring those streets
Street grading, base, and paving
which the Master Street Plan shows
according to existing city standards
to abut or intersect the property and
and specifications as adopted jb�L
new streets proposed interior to the
the City Council.
property, into conformance with the
right-of-way requirements of the
(ii) Off -site. Street widening and/or new
Master Street Plan for said streets,
street construction off -site may be
shall be approved by the Planning
required to address traffic impacts
Commission or Subdivision
based on the rough proportion and
Committee; provided, the Planning
rational nexus of the impacts of �he
Commission or Subdivision
project. Street grading, base, and
Committee may recommend a
paving according to existing city
lesser dedication in the event of
standards and specifications as
undue hardship or practical
adopted bay City Council.
difficulties. Such lesser dedication
shall be subject to approval by the
(iii) Private street name signs. Where a
City Council.
structure is addressed on a private
street or drive, the developer !or
a. Exemption. Small Site
property owner(s) shall be requited
Improvement Plan applications
to install, maintain, repair and
are exempt from this
replace all private street name
requirement.
signs. Any private street name sign
existing at the time of passage' of
(ii) Off -site. Off -site right-of-way
this ordinance shall be maintained,
dedication may be required as
repaired and replaced as required
needed to construct off -site street
by this section. Signs shall meet the
improvements that are required
standards of the Manual on Uniform
CD166:18
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Fayetteville Code of Ordinances
City Council by an owner of record of the
property in question or an alderman on behalf of
(B) Appeals to the Board of Adjustment. The
a resident of the city:
following interpretations and decisions may, be
appealed by an owner of record of the property in
(1) Zoning and Development Administrator.
question or an alderman on behalf of a resident
of the city to the Board of Adjustment:
(a) Design Overlay District requirements.
The decision of the Zoning and
(1) Zoning and Development Administrator -
Development Administrator not to
Zoning. An interpretation or decision of ',the
exempt property from the Design
Zoning and Development Administrator
Overlay District requirements as allowed
regarding zoning matters may appeal.
in §161.28(G).
(2) Building Safety Division Director - Airport
(b) Development Matters. An interpretation
Zone. Any person aggrieved, or any
or decision of the Zoning and
taxpayer affected by any decision of the
Development Administrator regarding
Building Safety Division Director, made; in
development matters, including
the administration of Airport Zone, Chapter
subdivisions, large scale developments,
165, may appeal.
parking and loading, and outdoor
lighting may appeal.
(C) Appeals to the Planning Commission.
(2) City Engineer.
(1) Required dedications and improvements. !,
(a) Stormwater, Drainage, and Erosion
(a) An owner or developer who is aggrieved
Control requirements. The decision of
by the requirements of the Unified
the City Engineer to issue a violation
Development Code for land, right-of-vyay
notice related to these requirements.
or easement dedications, construction of
on -site or off -site improvements, ,or
(b) Development Matters. An interpretation
payments in lieu of any dedication' or
or decision of the City Engineer
im OLI]76u n pY�o „a+h
regarding development matters,
proportionality" of the impacts of
including grading, drainage, water and
velopment upon the cily's
L::c
sanitary sewer systems, and storm
tur
drainage systems may appeal.
quirement to the Planning
Commission as a part of the submission
(c) Floodplain regulations. The decision of
of the preliminary plat, large scale
the Floodplain Administrator, provided
development, subdivision, building
that the City Council shall hear and
permit, lot split, development permit,) or
decide an appeal only when it is alleged
otherwise within 10 days of notification
there is an error in any requirement,
of such development requirements. the
decision, or determination made by the
appeal must be presented to the
floodplain administrator in the
Planning Division in writing and state the
enforcement or administration of
grounds, or reasons for the appeal.
Chapter 168.
(b) The Planning Commission shall
(d) Streamside Protection Zones. An
determine after public hearing whether
interpretation or decision of the City
the required dedications and
Engineer concerning the regulated uses,
improvements meet the "rough
structures and activities, streamside
proportionality" of the impact of the
boundary location or land use
development on city infrastructure and
exemptions.
services. If the requirements are in
excess of the "rough proportionality," the
(3) Urban Forester — Landscape and Tree
Planning Commission is empowered !to
Preservation and Protection requirements.
modify or reduce such requirements;to
Decisions of the Urban Forester related to
achieve "rough proportionality."
landscape and tree preservation and
protection requirements.
(2) Administrative Approvals.
(4) Impact Fee Administrator. Any person
(a) A resident of the city or an
aggrieved by any decision of the Impact Fee
owner/developer who is aggrieved by' a
Administrator made in the enforcement or
decision of the Zoning and Development
administration of Chapter 159 Fees.
Administrator regarding development
CD155:4
RESOLUTION NO.
A RESOLUTION TO APPROVE THE THIRD AMENDMENT TO LAND
SALE AGREEMENT WITH KUM & GO, L.C. TO EXTEND THE CLOSING
DATE TO NO LATER THAN FEBRUARY 12, 2014 AND TO AGREE TO
EQUALLY SHARE THE COSTS OF A NEW TRAFFIC SIGNAL
WHEREAS, the City of Fayetteville agreed to sell and Kum & Go, L.C. agreed to buy a
lot of slightly under two acres for $1,155,001.00 pursuant to the First Amendment to Land Sale
Agreement approved by the City Council by Resolution No. 26-13 on February 5, 2013; and
WHEREAS, Kum & Go, L.C. and the City agreed to cost share 50150 the design and
construction costs for the agreed upon new street from the intersection of Happy Hollow and
Huntsville to Ray Avenue and agreed that the Closing Date would be in early December at the
option of Kum & Go, L.C.; and
WHEREAS, the City requested and Kum & Go, L.C. agreed to extend the period
allowed for the demolition of the old Tyson factory for about an additional two and a half
months to enable the City to sell the building for salvage for a substantial savings for our
taxpayers; and
WHEREAS, Kum & Go, L.C. has now requested that the City agree to extend the
Closing Date to February 12, 2014 (which is less of an extension than Kum & Go, L.C. granted
the City for its demotion period); and
WHEREAS, Kum & Go, L.C. has requested that the City agree to a further 50150 cost
share for any expenses related to the new traffic signal needed for intersection of Happy Hollow
and Huntsville which accesses both City and Kum & Go, L.C. property.
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 Third Amendment to the Land Sales Agreement attached to this Resolution and authorizes
Mayor Jordan to sign this amended Agreement.
PASSED and APPROVED this 17t' day of September 2013.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
THIRD AMENDMENT
TO LAND SALE AGREEMENT
THIS THIRD AMENDMENT TO LAND SALE AGREEME. ITT
(hereinafter, the "Amendment") is made and entered into effective the / � y—h
day of September, 2013, by and between the CITY OF FAYETTEVILLE, AR, a
municipal corporation ("City" or "Fayetteville"), and KUM & GO, L.C., an Iowa
limited liability company ("Kum & Go"), WITNESSETH:
WHEREAS, Kum & Go and City have entered into that certain Purchase
Agreement (the "Agreement") whereby City has agreed to sell and Kum & Go has
agreed to buy certain real estate situated in Fayetteville, Arkansas; and
WHEREAS, Kum & Go and City have entered into the First Amendment to
Land Sale Agreement on February 5, 2013; and
WHEREAS, Kum & Go and City have entered into the Second Amendment
to Land Sale Agreement on March 19, 2013; and
WHEREAS, Kum & Go and City desire to amend this Agreement for a
third time as set forth herein.
NOW THEREFORE, in consideration of the mutual promises and
covenants herein contained, and for other good and valuable consideration, it is
agreed as follows:
1. Extension of Time for Closing. Kum & Go, L.C. and the City of
Fayetteville agree that upon Kum & Go, L.C.'s second request to extend the
Closing Date pursuant to Paragraph 7 of the Land Sale Agreement, Kum & Go,
L.C. shall have the right to extend the Closing Date to not later than February 12,
2014.
2. Traffic Signal Costs to be Shared. Kum & Go, L.C. and the City
agree to cost share 50150 (both to pay equal amounts) of the design, purchase,
installation and construction expenses to install a replacement traffic signal at the
intersection of Happy Hollow and Huntsville Road and the new street entering the
City's land at this intersection, which street also provides access to Kum & Go's
business.
1
3. Ratification. Except as modified by this Third Amendment, all terms
within, the Agreement and its First and Second Amendments are ratified and
confirmed by the parties.
4. Counterparts, Facsimile. This Amendment may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which
taken together shall constitute one and the same agreement. For purposes of
executing this Agreement, a facsimile signature shall be as effective as an actual
signature.
IN VrITNESS VrriEREOF, the parties hereto have caused this Third
Amendment to be executed all on or as the day and year first above written.
KUM & GO, L.C.
CITY OF FAYETTVILLE, AR
By: , Jj G " ` u U By
NIKI DePHILLIPS,
SVP Store Development
M.
iV.L"y vi
ATTEST:
SONDRA E. SMITH
City Clerk/Treasurer �o�,a�",",►�,�,
FAYET FVILLE��
2
THIRD AMENDMENT
TO LAND SALE AGREEMENT
THIS THIRD AMENDMENT TO LAND SALE AGREEMENT
(hereinafter, the "Amendment") is made and entered into effective the
day of September, 2013, by and between the CITY OF FAYETTEVILLE, AR, a
municipal corporation ("City" or "Fayetteville"), and KUM & GO, L.C., an Iowa
limited liability company ("Kum & Go"), WITNESSETH:
WHEREAS, Kum & Go and City have entered into that certain Purchase
Agreement (the "Agreement") whereby City has agreed to sell and Kum & Go has
agreed to buy certain real estate situated in Fayetteville, Arkansas; and
WHEREAS, Kum & Go and City have entered into the First Amendment to
Land Sale Agreement on February 5, 2013; and
WHEREAS, Kum & Go and City have entered into the Second Amendment
to Land Sale Agreement on March 19, 2013; and
WHEREAS, Kum & Go and City desire to amend this Agreement for a
third time as set forth herein.
NOW THEREFORE, in consideration of the mutual promises and
covenants herein contained, and for other good and valuable consideration, it is
agreed as follows:
1. Extension of Time for Closing. Kum & Go, L.C. and the City of
Fayetteville agree that upon Kum & Go, L.C.'s second request to extend the
Closing Date pursuant to Paragraph 7 of the Land Sale Agreement, Kum & Go,
L.C. shall have the right to extend the Closing Date to not later than February 12,
2014.
2. Traffic Signal Costs to be Shared. Kum & Go, L.C. and the City
agree to cost share 50150 (both to pay equal amounts) of the design, purchase,
installation and construction expenses to install a replacement traffic signal at the
intersection of Happy Hollow and Huntsville Road because of the construction of
the street entering the City's land at this intersection, which street also provides
access to Kum & Go's business.
1
3. Ratification. Except as modified by this Third Amendment, all terms
within, the Agreement and its First and Second Amendments are ratified and
confirmed by the parties.
4. Counterparts, Facsimile. This Amendment may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which
taken together shall constitute one and the same agreement. For purposes of
executing this Agreement, a facsimile signature shall be as effective as an actual
signature.
IN WITNESS WHEREOF, the parties hereto have caused, this Third
Amendment to be executed all on or as the day and year first above written.
KUM & GO, L.C. CITY OF FAYETTVILLE, AR
NIKI DePHILLIPS,
SVP Store Development
By
LIONEL ORDAN
Mayor
ATTEST:
By:
SONDRA E. SMITH
City Clerk/Treasurer
2