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Home My WebLink About167-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 167-16 File Number: 2016-0414 FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE. WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. PASSED and APPROVED on 9/20/2016 MrRF,I 0p' •SGS.. • y FAYETTEVILLE;� Attest: Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 9/21/16 F- .. City of Fayetteville, Arkansas fJ Text File File Number: 2016-0414 Agenda Date: 9/20/2016 Version: 1 In Control: City Council Meeting Agenda Number: A. 6 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution FAYETTEVILLE PUBLIC SCHOOLS JOINT LEASE AGREEMENT: A RESOLUTION TO APPROVE A JOINT LEASE AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT FOR PORTIONS OF JEFFERSON ELEMENTARY SCHOOL, HOLCOMB ELEMENTARY SCHOOL AND LAKE FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to provide recreational services to Fayetteville citizens and students; and WHEREAS, the previous lease agreement has expired and both the City of Fayetteville and Fayetteville School District desire to enter into a new agreement for the benefit of Fayetteville citizens and students. 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 a lease agreement with the Fayetteville School District which will allow the City to use portions of Jefferson Elementary School and Holcomb Elementary School for the benefit of the public and will allow the Fayetteville School District to use portions of Lake Fayetteville for the benefit of its students. City of Fayetteville, Arkansas Page 1 Printed on 912112016 City of Fayetteville Staff Review Form 2016-0414 Legistar File ID 9/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Byron Humphry 9/2/2016 Parks & Recreation Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Parks and Recreation staff recommends approval of a Resolution to renew a joint lease agreeement with Fayetteville Public Schools for a portion of Jefferson Elementary, Holcomb Elementary, and Lake Fayetteville. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # 228-05 Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Approval Date: V20140710 CITY OF 7ay%i pp . le ARKANSAS MEETING OF SEPTEMBER 20, 2016 TO: City Council Mayor CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: September 2, 2016 SUBJECT: Resolution to approve a joint lease agreement with Fayetteville Public Schools. RECOMMENDATION: Parks and Recreation staff recommends approval of a Resolution to renew a joint lease agreement with Fayetteville Public Schools for a portion of Jefferson Elementary, Holcomb Elementary, and Lake Fayetteville. BACKGROUND: On December 9, 2005, Resolution 228-05 was passed to approve a joint lease agreement with the Fayetteville School District. The agreement allowed the City usage of a portion of Asbell Elementary property to conduct soccer and a portion of Holcomb Elementary property to conduct softball and supporting parking lot. In exchange, the agreement gave the Fayetteville School District rights to operate the Environmental Study Center on a portion of Lake Fayetteville. The joint lease agreement was for a 10 year priod and expired on Dec 31, 2015. On June 4, 2010, the Fayetteville School District gave the City a 12 -month notice that they were opting out of the Asbell Lease in order to construct a tennis facility, thus eliminating the soccer fields at Asbell. On June 25, 2009, the City entered into a separate lease agreement with the Fayetteville School District for a portion of the Jefferson Elementary property to operate a community garden. DISCUSSION: The renewed joint lease agreement with the Fayetteville School District eliminates Asbell Elementary and adds Jefferson Elementary. Jefferson Elementary: The City operates a community garden with 9 individual garden plots on a portion of the Jefferson Elementary property. These gardens began in 2009 and have consistently been utilized at the maximum capacity of gardeners since that time. Gardeners pay a minimal annual plot lease to cover water usage and are provided with soil amendments and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 mulch and a reserved garden plot. The lease was previously separate but is now proposed to be incorporated into the joint lease agreement with the other school and park properties. Holcomb Elementary: A portion of the outfields on fields 1 and 4 at Gary Hampton softball complex and the parking lot are on school property. The Parks Department operates adult league softball at this complex as well as providing field space for ultimate frisbee, rugby, flag football, and other events. The Parks Department also hosts several tournaments at this facility for adult and youth softball. Lake Fayetteville: In 1973, Resolution 34-73 was passed allowing the Fayetteville and Springdale School Districts to reserve and maintain 200 acres on the eastern side of Lake Fayetteville as a nature study area. The school districts constructed a nature study center, as well as trails and fishing piers to enhance the study area. City Council extended the agreement in Ordinance No. 3898 in 1995 to constitute a period of fifty years which would terminate in 2045. BUDGET/STAFF IMPACT: There is no budget impact with this joint lease agreement. Operational costs for the Jefferson Community Garden and Gary Hampton Softball complex are already accounted for in the current operational budget. The School District handles operational costs for the Environmental Study Center. Attachments: Joint Lease Agreement 2 JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and in consideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: JEFFERSON ELEMENTARY SCHOOL A portion of the grounds of Jefferson Elementary School identified in the map attached as Exhibit A. HOLCOMB ELEMENTARY SCHOOL A part of the Southeast Quarter (SE'/4) of the Northwest Quarter (NW'/4) of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Commencing at the Southwest corner of said SE -NW, thence with the South line of said SE -NW South 87° 26' 29" East 992.643 feet, thence with the East line of said SE -NW North 02° 33' 39" East 210.689 feet, to the Point of Beginning; thence continuing with said East line North 02° 33' 38" East 276.225 feet; thence leaving said East line North 87° 26' 19" West 967.758 feet; thence South 02° 33' 41" West 276.225 feet; thence South 87° 26' 19" East 967.763 feet, to the Point of Beginning and containing 267,320 square feet (6.137 acres), more or less. The Holcomb Elementary School leased premises are further identified in the map attached as Exhibit B. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City non -exclusively lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, (provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement), the following described property situated in Washington, County, Arkansas: fW.VNM��•AONYI_00010IJ0 A part of the East Half of Section 13 and part of the East Half of Section 24, Township 17 North, Range 30 West, and part of the West Half of Section 18 and part of the West Half of Section 19, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE'/4) of the Northeast Quarter (NE'/4) of said Section 13; thence with the North line of said SE - NE -13-17-30 South 87° 06' 01" East 1303.739 feet; thence South 02° 29' 13" West 17.192 feet thence South 87° 51' 20" East 818.386 feet; thence with the West right-of- way line of Highway 265 (Crossover Road) the following calls: South 06° 01' 18" West 2.822 feet; thence South 11° 44' 19" West 100.498 feet; thence South 06° 01'42" West 47.6 feet; thence South 02° 51' 10" West 95.156 feet; thence South 03° 19' 21" East 89.915 feet thence South 08° 19' 18" East 59.959 feet; thence South 1 1 ° 49' 21" East 44.973 feet; thence South 14° 19' 18" East 29.984 feet; thence South 17° 19' 22" East 59.959 feet; thence South 19° 19' 20" East 832.701 feet; thence South 16° 46' 49" East 98.118 feet; thence South 09° 44' 20" East 173.596 feet; thence South 010 14' 19" East 154.34 feet; thence South 02° 45' 41" West 926.592 feet; thence South 02° 44' 44" West 1322.566 feet; thence South 02° 35' 18" West 250.278 feet; thence leaving said West right-of-way line North 87° 36' 40" West 3750.975 feet; thence North 00° 10' 36" West 831.004 feet; thence North 72° 00' 17" East 1351 .875 feet to a point on the West line of the SE -13-17-30; thence with said West line North 02° 09' 09" East 2935.509 feet, to the Point of Beginning and containing 266.760 acres, more or less. LESS AND EXCEPT all that portion of said parcel lying within the waters of Lake Fayetteville, said waters being more particularly described as that portion of said parcel lying below an elevation on 1238 feet above mean sea level, said elevation being the top of the Lake Fayetteville spillway. The Lake Fayetteville leased premises are further identified in the map attached as Exhibit C. 3. The term of this Joint Lease shall begin on _"6�" 0Q 2016 and end on 9 , 2026, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Jefferson Elementary School > Build and maintain the community gardens; and > Administer garden plots by subleasing individual or family plots to Fayetteville residents for a single growing season for non-commercial purposes. b. Holcomb Elementary School ➢ Pick up trash and mow leased area; and ➢ Schedule softball fields. 5. The District agrees to allow the City to use the Holcomb Elementary School parking lot and portions ofthe softball fields at Gary Hampton Softball Complex located on District property for softball leagues, tournaments and sport clinics at no charge. 6. The City agrees that the process of subleasing of Community Garden plots will be conducted in a fair and nondiscriminatory manner, and the fee charged will only be sufficient to cover estimated seasonal water use and minor administrative costs. -2- 7. The City agrees that access to the Community Gardens does not include access to any building on the former Jefferson School Grounds. All ingress/egress to the raised bed garden area shown on Exhibit A in the northwest area of the grounds will be provided through the wrought iron gate. The Fayetteville Community Garden Coalition and participating gardeners shall be responsible for maintaining the gardens and garden area upon the leased premises in a satisfactory condition. The premises shall, at all times, be maintained in a neat and orderly condition. All garden operations will be carried on in accordance with high standards, particularly in the areas of cleanliness, service and noise. 8. The District acknowledges that the lease for the Lake Fayetteville property is non- exclusive and agrees that the City may also enter into a separate lease agreement for the property with the Springdale School District. The District agrees to work with the Springdale School District and may enter into a separate agreement with the Springdale School District regarding access to and responsibilities and obligations with respect to the leased premises. 9. The District further acknowledges that the leased premises are part of Lake Fayetteville Park and that the Fayetteville Parks and Recreation Department will continue to manage the park property and conduct City -sponsored programs and special events at Lake Fayetteville, which may include the leased premises. The City and the District agree to communicate and work together to schedule programs and events to avoid conflicts in use of the leased premises. 10. The City and the District shall have the right to inspect the leased premises at all reasonable times. 11. Facility expansions and all site alterations must have prior written approval by the owner and meet all owner standards/procedures as well as all applicable federal, state and local laws for such expansions or alterations. Any permanent structure shall become a permanent fixture to the land, and become the property of the owner at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 12. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Constitution and Statutes of the State of Arkansas. 13. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. 14. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 15. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 16. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 17. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty (50) year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 19. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. I WIT,NESS WHEREOF, the parties hereto have set their hands this cOljay of SLIILY 2016. CITY OF F By:/ ioneld J ATTEST: ARKANSAS FAYET UEVILLE SCHOOL DISTRICT By: ,Ln3 Sondra Smith, Cityt 0!#P 7y4 prey r � r i%OYETTEVIL L • •kINs •• `ter iii iii' �/ �� errs•• 1 1�� By: t, Su ATTEST: By: . Grc — Paula Neal, Administrative Assistant to the Superintendent ACKNOWLEDGMENT State of Arkansas ) ) SS. County of Washington ) On this the ..5 day of 2016, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared LIONELD JORDAN and SONDRA SMITH, to me well known, who stated that they were the Mayor and City Clerk -Treasurer, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had exec � dl41 �t�if ,l�ig instrument for the consideration, uses and purposes therein contained. .�4�n5�q�,y • d In witness whereof I hereunto set my hand and official seep My camp fission expir— f'rFl" • � ,'�-J.tars Public++� -5- q� W L nC w I- L CU C 0 v 0 Ga L ca C� > W E E 0 O Q1 oL1 0 to 0 i U) G) J O 0 V x ' ^� W AE rI W E 0 0 2 �'�, `• .fe " �', .. yy� - F. 1``--•� _J �y. i� 61�� .. S4 �j ,J?.k �. �'. +`4 +�.,•.. y� p1v �. - 3'J � k by ' ',.��➢ �� t . '91.silh �i " * s.. yl :mss e' v�.'�i'_ �. . c � ~€�''d � �yt,7.'�` °�•�`w �sY w �`S �.�4T {' .1 13 c tal " Fri Y [ r; yr1Iy14�T fw`! �� • "r tit` yr /`' M1 � � �� ,gky.. { � t� ".. `t F' ��i ��L�ll L�il� Y.• �(1,j � �, "�'� r _ �. , �'l�'�' i�4r, ''' �� r w 45 v JO d CL I� w" t M ?l! L • - T • 4-'s ,` hyV��`'3�i.rt'`D'•"1'+•'I,: s'p ,! -,'�`pq„� c.. ,, rr� *""rT 'f V +' I.'4.-._ as.; x'92• Smith, Sondra From: Humphry, Byron Sent: Wednesday, October 05, 2016 9:19 AM To: Smith, Sondra Subject: School lease date Sondra, I got your voicemail about the effective date of the school lease. Can you just use the council meeting date like you proposed? Thanks Byron Sent from my Verizon Wireless 4G LTE Droid