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HomeMy WebLinkAbout125-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 125-18 File Number: 2018-0278 CENTENNIAL OPEN SPACE: A RESOLUTION TO ACKNOWLEDGE THE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND INTENT TO MAINTAIN THE 228 ACRE CENTENNIAL OPEN SPACE AS PUBLIC RECREATION LAND IN PERPETUITY WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family Foundation in the form of a 50/50 matching grant and a no interest five-year loan, purchased 228 acres of land near I-49 and Martin Luther King, Jr. Boulevard; and WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "permanently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park or open space." 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 acknowledges the City of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open Space in the public domain and preserve the land as greenspace/open space in perpetuity with the expectation that the property will be used for natural surface and greenway trail development and other amenities typical for a park or open space. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately preserves, protects and maintains the property, including trails, park amenities, and reserved natural areas, in accordance with the grant agreement. Page 1 Printed on 615118 Resolution: 125-18 E&,Nko�er- 2018-027a PASSED and APPROVED on 6/5/2018 Attest: / �I Sondra E. Smith, City Clerk Treasur ,%j 1 II w,. Del �Ilk ;FAYF- F-ViLLE; = '�. �'. kA NSA; • �_,' �rr'rYj • • .... • p Page 2 Printed on 615118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0278 Agenda Date: 6/5/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 CENTENNIAL OPEN SPACE: A RESOLUTION TO ACKNOWLEDGE THE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND INTENT TO MAINTAIN THE 228 ACRE CENTENNIAL OPEN SPACE AS PUBLIC RECREATION LAND IN PERPETUITY WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family Foundation in the form of a 50/50 matching grant and a no interest five-year loan, purchased 228 acres of land near I-49 and Martin Luther King, Jr. Boulevard; and WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "permanently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park or open space." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges the City of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open Space in the public domain and preserve the land as greenspace/open space in perpetuity with the expectation that the property will be used for natural surface and greenway trail development and other amenities typical for a park or open space. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately preserves, protects and maintains the property, including trails, park amenities, and reserved natural areas, in accordance with the grant agreement. City of Fayetteville, Arkansas Page 1 Printed on 61512018 City of Fayetteville Staff Review Form 2018-0278 Legistar File ID 6/5/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Connie Edmonston 5/15/2018 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: City Staff is recommending approval of a resolution placing the 228 -acre property referred to as 'Centennial Open Space' under the protection of the public domain and to preserve the land as greenspace/open space in perpetuity, while sufficiently allowing natural surface and greenway trail development and other open space amenities typical for a park or open space. This is a performance measure required by the Walton Family Foundation Grant Agreement in Resolution 64-18. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance NA Item Cost NA Budget Adjustment Remaining Budget Fund Project Title I$ - V20180327 Purchase Order Number: Previous Ordinance or Resolution # 64-18 Change Order Number: Original Contract Number: Comments: Approval Date: March 1, 2018 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 5, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL MEMO FROM: Connie Edmonston, Parks and Recreation Director DATE: May 15, 2018 SUBJECT: Centennial Open Space Output Fulfillment RECOMMENDATION: City Staff is recommending approval of a resolution placing the 228 -acre property referred to as 'Centennial Open Space' under the protection of the public domain and to preserve the land as greenspace/open space in perpetuity, while sufficiently allowing natural surface and greenway trail development and other open space amenities typical for a park or open space. BACKGROUND: On February 2011, the Fayetteville City Council unanimously accepted a generous 50/50 matching grant from the Walton Family Foundation to purchase 288 acres of property west of 1-49, known as Centennial Park. DISCUSSION: The Walton Family Foundation Grant Agreement is connected to various performance measures referred to as "outputs and Outcomes". This resolution before you for your consideration is to satisfy the following output of the grant agreement: "...permanently place the 228 acres in the public domain and preserve the land as greenspace/ open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park of open space." This information was presented to the Parks and Recreation Advisory Board meeting on May 7, 2018. BUDGET/STAFF IMPACT: Staff believes the budget impact will be neutral for this request. Attachments: Resolution 64-18 Walton Family Foundation Grant Application Walton Family Foundation Grant Award Letter Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 64-18 File Number: 2018-0105 CENTENNIAL OPEN SPACE ACQUISITION: A RESOLUTION TO APPROVE THE ATTACHED REAL ESTATE CONTRACT IN WHICH CENTENNIAL BANK AGREES TO SELL AND CONVEY TO THE CITY OF FAYETTEVILLE APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAL WARRANTY DEED FOR $3,302,250.00, TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A GENEROUS 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION FOR THIS ACQUISITION, TO AUTHORIZE MAYOR JORDAN TO ENTER INTO A NO INTEREST FIVE YEAR LOAN FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,651,125.00 AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has generously offered the City of Fayetteville a 50/50 matching grant to assist the City to obtain parcels of land containing about 228 acres known as portions of Mountain Ranch; and WHEREAS, Centennial Bank has agreed to sell and convey marketable title to these parcels for a total sale price of $3,302,250.00; and WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and accessory uses with efforts to eventually connect these parcels to Kessler Mountain Regional Park and possibly other city property to both preserve much of the natural scenic beauty of these areas and to create an unsurpassed mountain biking destination and experience. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 5ectian I . That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Real Estate Contract with Centennial Bank to purchase about 228 acres for a price of $3,302,250.00 and authorizes Mayor Jordan to sign this Contract. Page 1 Printed on 2121118 Resolution: 64-18 E& N41rnb 2018-0105 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable the City to afford to acquire these 228 acres by furnishing about $1,661,215.00 of the purchase price. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest loan in the amount of about $1,651,125.00 from the Walton Family Foundation to be paid back within five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes Mayor Jordan to execute all necessary documents for this loan. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves an attached budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres. PASSED and APPROVED on 2/20/2018 Approved: Lioneld Jordan, Attest: 4a., 6. 4.bL Sondra R. Smith, City Cleric Treasuror`� ; err f.I' Page 2 Printed on 2/21/19 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0105 Agenda Date: 2/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 CENTENNIAL OPEN SPACE ACQUISITION: A RESOLUTION TO APPROVE THE ATTACHED REAL ESTATE CONTRACT IN WHICH CENTENNIAL BANK AGREES TO SELL AND CONVEY TO THE CITY OF FAYETTEVILLE APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAL WARRANTY DEED FOR $3,302,250.00, TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A GENEROUS 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION FOR THIS ACQUISITION, TO AUTHORIZE MAYOR JORDAN TO ENTER INTO A NO INTEREST FIVE YEAR LOAN FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,651,125.00 AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has generously offered the City of Fayetteville a 50/50 matching grant to assist the City to obtain parcels of land containing about 228 acres known as portions of Mountain Ranch; and WHEREAS, Centennial Bank has agreed to sell and convey marketable title to these parcels for a total sale price of $3,302,250.00; and WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and accessory uses with efforts to eventually connect these parcels to Kessler Mountain Regional Park and possibly other city property to both preserve much of the natural scenic beauty of these areas and to create an unsurpassed mountain biking destination and experience. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYE,TTEVILLE, ARKANSAS: Seatian 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Real Estate Contract with Centennial Bank to purchase about 228 acres for a price of $3,302,250.00 and authorizes Mayor Jordan to sign this Contract. ccti 3 2- That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable the City to afford to acquire these 228 acres by furnishing about $1,661,215.00 of the purchase price. City of Fayetteville, Arkansas Page 1 Printed on 2/21/2018 File Number.' 2018-0105 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest loan in the amount of about $1,651,125.00 from the Walton Family Foundation to be paid back within five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes Mayor Jordan to execute all necessary documents for this loan. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves an attached budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres. City of Fayetteville, Arkansas Page 2 Printed on 2/21/2018 WALTON FAMILY F A U N D A T ;� i1I Walton Family Foundation Grant Application Name of Organization: City of Fayetteville Name of Project/Proposal: Centennial Open Space Ac uiq sition By submitting this request for funding, the requesting organization acknowledges that The Walton Family Foundation has not previously made any promise to provide the funding requested herein and that the requesting organization has not relied to its detriment upon any statement by The Walton Family Foundation or its representatives to obtain the funding requested herein. The requesting organization further acknowledges that any approval of its grant proposal will be communicated only by, and is contingent upon execution of, a written grant agreement between the requesting organization and the Foundation signed by the Foundation's Executive Director, Organization Name: City of Fayetteville Organization Address: 113 W. Mountain Street Fayetteville, AR 72701 Organization Telephone: 479-444-3471 Tax ID Number: Government Entity Head of Org/Authorized Signatory: Lioneld Jordan Signatory Address (if different than above: Head of Org Email: Mayor@fayetteville-ar.gov Key Contact: Devin Howland Key Contact email: dhowland@fayetteville-ar.gov Key Contact phone: 479.575.8221 Project Name: Centennial Open Space AcquisitionI Proposal 12/21/2017 Date: Kequested: $3,312,340.00 Grant Period: From 2/1/2018 To 6/1/2027 WFF Program Jeremy Pate Officer. _ 1. Request/Purpose of Grant Briefly summarize the purpose and need for the project/program, the requested amount, and any requested terms (such as multiple years or matching). The budget template attached is the location for detailed financial information. This space is really just an abstract of the proposal. The purpose of the grant is to support the City of Fayetteville in the acquisition of approximately 228 acres located in southeast Fayetteville known as Mountain Ranch. The purchase of this property from private ownership will permanently place this asset in the protected public domain. This grant is more fully described in Grantee's letter of intent, which is enclosed with this grant application. Grantee agrees to use all grant funds exclusively for the grant's purposes. Any changes in these purposes must be authorized in advance by the Foundation in writing. l............... _ - -J 2. Background Include a basic description and history of the organization (2-3 paragraphs). Please also note the other organizations with which you are collaborating The Mountain Ranch Property is one of the largest tracks of minimally disturbed forest within the City of Fayetteville's municipal limits that has yet to be preserved. The property is situated adjacent to 1-49 and sits just a few miles north of the Kessler Mountain Regional Park and west of Markham hill. Mountain Ranch can currently be accessed via W Old Farmington Road, west of I- 49. The property is currently owned by Centennial Bank, and there are currently no active uses on the property. Mountain Ranch has long been viewed as an asset to our community. Its slopes provide a significant view shed for the City of Fayetteville, its heavily timbered topography makes it a perfect opportunity for citizens from the region and beyond to engage in recreational opportunities such as mountain biking and hiking. Mountain Ranch's centric location to Mount Kessler and Markham Hill makes it an ideal asset to be placed under the protection of the public domain. The City of Fayetteville would like to work alongside the Walton Family Foundation to engage in the purchase of the 228 -acre Mountain Ranch property from private ownership to permanently place this asset in the public domain. Our vision is to form partnerships with existing outdoor and recreational organizations to develop a new network of recreational opportunities such as mountain biking and hiking through the development of a series of single track and soft trails on the property. We plan to use these partnerships to develop the design, construction, and long- term maintenance of the Mountain Ranch Trail system for recreational use. The acquisition of Mountain Ranch not only expands Fayetteville's bright track record of preservation of the environment for future generations, but also compliments our goal of stewardship and the promotion of an active and healthy lifestyle. Mountain biking has become a major tourism driver for Northwest Arkansas in recent years. From Mount Kessler to Slau„i+ter Pen in Bentonville, its inarguable that this growing sport has impacted not only the quality of life in Northwest Arkansas residents, but also the regional economy. Mountain Ranch offers a wide array of slopes and contours, making it an ideal location for a new network of mountain biking trails that will complement the regions existing offerings. One the primary reasons the acquisition makes sense for the City is the proximity of Mountain Ranch to other mountain biking opportunities throughout the region. Expanding mountain biking and hiking opportunities to include an additional 228 acres of natural space creates a place unlike many others in the region and state. 3. Output and Outcome Performance Measures Outputs And Outcomes Who will do what and how much? By Measured or when? evaluated by? Y3e1fPI The City will execute a purchase agreement for the acquisition of the Copy of the subject 228 acres known as tracts 4, 5, 6, & 7 of Mountain Ranch owned 3/1/2018 executed by Centennial Bank. purchase agreement With the grant agreement, the City will support and allow for at least 8-10 miles of natural surface trails for use by hikers, bikers and runners to be constructed on the acquired property in the future in accordance with a 3/31/2018 Letter from WFF-prepared trail master plan, submitted for review and approval under Mayor separate cover. The City will fully acquire and take ownership of the property, 4/15/2018 Copy of recorded deed The City will permanently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently Letter from the allowing for natural surface and greenway trail development and other 6/1/2018 mayor and/orth open space amenities typical for a park or open space, resolution The City will agree to contribute funding for the property acquisition through a program related investment loan from the Walton Family Signed loan Foundation in the amount $1,651,125 to be paid back over a maximum 3/31/2018 agreement five-year period in equal installments of $275,187.50. The City will commit to maintain the property, and to maintain and operate all future greenway and natural surface trails on the property to 4115/2018 Letter from the same standards as outlined in the Razorback Regional Greenway Mayor operations and management plan as well as the guidelines listed in the IMBA "Guide to Sweet Single-track" and "Managing Mountain Biking" handbooks. The City will amend its master trails plan to incorporate a future greenway6!1/2018 Program trail linkage to the property. records 4. Evaluation of Proposed Project Please describe how you will evaluate the project moving forward. You do not need to restate what is in section 3. Here you only say how the information will be collected. Grantee will provide the Foundation with a final financial and narrative report by March 31, 2018. This report shall include an account of expenditures of grant funds, and a brief narrative of what was accomplished (including a description of progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with the terms of the grant). Success will be measured against the outputs and outcomes described above If an external third party evaluation will be completed, describe their evaluation plan 5. Financial Information/Sustainability Also, please briefly describe the plan to make the project or organization sustainable after the grant period (if applicable). The City of Fayetteville's Parks and Recreation Department shall maintain the completed mountain biking trail network along with the entire 228 acres of parkland following the cornpietion of the project. S. Board Members Please provide us with a list of your organization's board members. 7. Management/Key People Involved Project and Organization tNenactentEnl — List the 1-3 people involved in managing the project and give 2- 4 sentence bios a Don Marr, Chief of Staff: Mr. Marr served on the Fayetteville Planning Commission from 1996-2001 and as Council Member on the Fayetteville City Council from 2001-2006, before taking his current position as the Chief of Staff for Mayor Jordan in 2009. As Chief of Staff, he oversees the executive management of day to day operations of city functions, staff, and citizen services. Devin Howland, Director of Economic Vitality: Mr. Howland is currently serving as the first Director of Economic Vitality for the City of Fayetteville. He began his work with the City in early 2017, and oversees the City's economic development efforts. a. Applicant self-assessment of risks to success Please identify any risks to project success. This project is subject to approval by the Fayetteville City Council, the Council will vote on the approval of the project at the February 6, 2018 meeting. LglAgD1 L arned — If you have previously been a grantee of The Walton Family Foundation, please discuss any missed targets, the lessons learned, and how you aim to address those moving forward. f 9. Project Budget T ' o A I I w Vo !_> w P W i; w n W P "I I p W P w� L W @ W F FF R Fr= R r"F{ iF k, FF R ::: T'F ra FF ri FF P FF !3 T o a L. ` �; a R c� a a R P., I R % �, �� R E jr- E ji._ E rr r_ : , r_ �e E R ;� U e JE R e .ire .It +, r Q c r c o 'I !r �a c; Q U T U U T u T U T iz T t; T U 1• U U T I U r:. n e a r= e t a ST Ll S 1 I. ST !1 ST. tf :i i U STI ,j ;, I , U : T L+ s -i T t ri s u E S D I? Cl TJ J p D 0 0 D G { C; G G I G ; r3 r T ET E I F E f:: F E ; E M f T T T i T T. T 4 C F. E T PERSONN EL EXPENSES ! i (for this +I project I f I I only) I i Salaries $o $o $0, $DS $0 $o' $0 $0; $0 $o $0'. $0; $01 goy $0i $o' $0; $4: $0 $0, $ Benefits $off $e $0' $off $o so; $q$0 $0 $0 $0. $03 $0 $0 $ol $0 $ $0, I $o' $Of $0� $0: Other $o! soy sol $� $0 $0j� $0� Sol' SID',,$oi so. $o= so' $�l $o� $o. so! $a! so $0 $0 $o` I Stil3TC) z $0l $J $o'. $0 $0 $ 0 $0� $0 $0 3fl; so,;$0, $oi $ $0` $0 $a! $0' L , € I $o' $dpi, $0, I $o i Crirrc.T EXPLNSL3 (for this project only) f ) Sc $6 So! $0I Travel $0 $0, $0. so. $0, SC $ 0: $q :$c $0� $4 § 3C Meetings/E $o $o', $o $6 $o� $11 $0 $0 $01 s0! $ $c so $ $o $6! $c Ic $ o!" $o, $1 slk vents o ! Prinfings/P so $0 $ $ Sc Sal $ So $ $C ublicationsi $6 $o! S6 so� $d C SA Electronic $q O $0 O s sai, $q i SQ so so� so $0, $0 S $0 so s0S$0, Postage I I $0 $6, soso: $o $0 so Sul $q so$Q S so s Sol si), � $o U SID, $0 so $0 $0 $0 30 $o i so' $ so, $1 $01, SQ $0 So $0 S $0 $0 $0i lk Supplies Sup $o $o $01 $0 $0 $0 s V $ $ $0. $0 so. $0 $a $ix $0 so Equipment 3, $3,.q 1$ 31 SJ, 0 0� oi .1 1 1 $o G[ $Q 1 0' $ so 12J. Sol Sol... $G' $OE sd so so. $ $0 $O' so, $0 $ $ $0:12,31 SO: Other 4 $3 aQ J.i S 12, so, 0 $ S $0, SO $(1 $0 $9 $0 $0 st so. $6, 12-3)so: 11 PARTNER EXPENSES (for this project only) Consultant $o $Cjl $0 $0 soX11. so. so $o,. -so $% $0 $C $o 1 $0 $0 $0 $0 so� $ o: $0 So So, So $0� $OL $O' $o SO So so $o So $ $o$o"$O$ $d $d $Q ' , , Sub grants PARTNER EXPENSE $0, $11. $ $0 so! so, $ so $o $o so, so so' $0, $0 $0, so $0, $o $0, s SUB1014-', Overhead $0 $0 so. so; Sol Sol $0 $OIi so $o $07 so So $0. $0, $0, $0 so, so $6 $0 I P .$3.3 q. $o! $0 $o! $0 Soi Sd. S E 12J. $0 $0 $O' $9, $o $ $o $0, $01 so $01 $0'1 12,J $OL KITAL 40, $0 INCOME CATEGORI ES (for this grant only) 4 s Request $3 12,'3;1i from WFF 391 Other , Foundation $0 s 1 Public $0• agencies rf C.orporatlon $0E s I $0` Individuals ; Earned $0 Revenue Other0` INCOM $3,3 E 1:x.3 TOTAL 39 $0, I $OI $0I� $Q $0 i $0'i S i so, $C I $0€ � f �. $0 $a� I $0� $ $ $Oi so i l $0, $0`. E $ $0 $ $0; $0 ii J $d $3, 3 $0'$a $d. I so 50 %Ldg et Nal raIive: Project Budgot Narrative Guidance for WFF Proposals For each budget category, include a brief description for the requested fu Expense Categories & Narrative Requirements I. Personnel • Salaries: • Benefits: • Other: II. Direct Expenses Travel: • Meetings/Events: + Other: Other: Land Acquisition: 3,302,250.00 Closing Cost, Taxes up to: 10,089.60 $3.3' i $0'i I k I , � $0: $0 $a� so $o! $ $o$o i $oJ $0 $0 $0 I so • 1 ii J i $3, 3 $0'$a 12,3. 3s< III. Partner Expenses s Consultants: • Sub Grants: IV. Overhead V. Income Categories (for this grant only) • Other Foundations: . Public Agencies: . Corporations: Other: 10. Other information CoEnparab.l� nr anizatians and program — Please list any other organizations that provide similar programs or services to your direct beneficiaries and describe how your program or service is different. 11. Other attachments i) Any organizational plan related to the Grant Request ii) IRS Determination Letter iii) Latest available IRS Form 990 for your organization iv) Latest available FYE statement or audit as well as current Income Statement and Balance Sheet v) Other optional narrative as necessary to explain project or organization vi) The organizational budget and board list vii) Other optional supporting illustrations or exhibits (e.g. maps, project/organization logic models) DocuSign Envelope ID: 6C55027C-2414-465D-8Cu _�l85505B456E WALTON FAMILY F 0 U N 17 A f 1 0 N February 28, 2018 Lioneld Jordan Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: Grant #2017-2159 Dear Mayor Jordan, RECFivrn MAR Q .1 zm OfY017:. It is my pleasure to inform you that the Walton Family Foundation, Inc. ("Foundation") has approved a grant in the amount of $1,661,215.00 to the City of Fayetteville ("Grantee" or "City"). The project term will be February 1, 2018 to June 1, 2018. This grant is subject to the following terms and conditions: 1. Purpose: The purpose of the grant is to acquire —228 acres of property for greenspace preservation and future natural surface trail development. This grant is more fully described in Grantee's proposal dated December 21, 2017. Grantee agrees to use all grant funds exclusively for the grant's purposes. Any changes in these purposes must be authorized in advance by the Foundation in writing. 2. Amount: One Million, Six Hundred Sixty -One Thousand, Two Hundred Fifteen Dollars ($1,661,215.00). Grant payments will be made as follows: Installment #1 Amount Date $1,661,215.00 Upon completion of a signed grant agreement 3. Payable: This grant payment shall be initiated upon receipt of this completed letter from Grantee acknowledging the terms and conditions set forth herein. Grantee should receive grant funds electronically within 14 days of completion of this document. 4. Accounting: (a) The Foundation encourages, whenever feasible, the deposit of grant funds in an interest-bearing account. For purposes of this letter, the term "grant funds" includes the grant and any income earned thereon. (b) Grantee will maintain records of receipts and expenditures made in connection with the grant funds and will keep these records during the period covered by the Grantee's reporting obligations specified in paragraph 5 and for at least four years thereafter ("Maintenance Period"). Grantee will make its books and records in connection with the grant funds available for inspection by the Foundation during normal business hours as the .f. aux _ii 30, Es i.ntr;rtvillo, AR 127".-. Tel: 4�l��=,AG4- ..,1': rax: 979.^G? iSYi! www.waltonfamilyfoundation.ar,g DocuSign Envelope ID: 6C55027C-2414-465D-8CL_ 01 85505B456 Foundation may request at any time during the Maintenance Period. 5. Reporting and Evaluation: Grantee will provide the Foundation with a financial and narrative report by the due date listed in the report schedule below. This report shall include an account of expenditures of grant funds, and a brief narrative of what was accomplished (including a description of progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with the terms of the grant). Report DateReport Type .......... __ .. _.. - 611/2018 J Interim Financial and Narrative Success will be measured against the outputs and outcomes described in Appendix A. All reports will be sent electronically to HomeReglon@vrffmail.com. Please reference Grant #2017-2159 on all reports submitted. Grantee payments are always contingent upon the Foundation's approval of Grantee's operations based on the above reports and the Foundation's satisfaction with such information as it chooses to obtain from other sources. 6. Representations: Grantee represents and warrants to the Foundation that: (a) Grantee is a governmental unit, and is not a "private foundation" described in section 509(a) of the Code. Grantee will promptly notify the Foundation of any change in Grantee's tax status under the Code. (b) In no event will Grantee use any grant funds: (i) to carry on propaganda, or otherwise to attempt, to influence legislation; (ii) to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; or (iii) to undertake any activity other than for a charitable, educational or other exempt purpose specified in section 170(c)(2)(B) of the Code. (c) Grantee will comply with all applicable laws and regulations. 7. Repayment: Grantee agrees to repay to the Foundation any portion of the grant funds not used for the grant's purposes. In addition, the Foundation may discontinue any further payments to Grantee, and may direct Grantee to repay any unexpended grant funds to the Foundation, if any of the following events occurs: (a) Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a) above; (b) Grantee fails to comply with the terms of this letter; or DocuSign Envelope ID: 6C55027C-2414-465D-BCL--0185505B456E (c) There is a material change in Grantee's key personnel that in the sole opinion of the Foundation adversely affects Grantee's management of the grant. 8. Release and Indemnity: Unless prohibited by law, Grantee shall release, indemnify, defend and hold harmless the Foundation and its directors, officers, employees and agents from and against any and all claims, actions, suits, demands, damages, losses, expenses and liabilities, arising out of or related in any way to the actions or omissions of Grantee (or its directors, officers, employees, agents or contractors) in connection with the Grant and the project funded by the Grant, except to the extent caused by the Foundation's (or its directors', officers', employees' or agents') negligent actions or omissions. Grantee further agrees to carry insurance in such forms and amounts as are commercially reasonable and appropriate to cover Grantee's operations and to enable Grantee to indemnify and defend the Foundation as provided hereunder. 9. Grant Publicity: Grant publicity related to this grant consistent with Grantee's normal practice is permitted, subject to the following provisions. The Foundation expects any announcements and other publicity to focus on Grantee's work and the project or issue funded by the grant. Recognition of the Foundation's role in funding the project is permitted, provided that the timing, content and strategic focus of such publicity should be approved by the Foundation contact listed in paragraph 11. Publicizing the grant and the Foundation in Grantee's publications and communications in a manner consistent with similar grants obtained by Grantee is permitted. The Foundation may ask Grantee to provide illustrations, photographs, videos, recordings, information or other materials related to the grant (collectively "Grant Work Product") for use in Foundation communications including the Foundation's website, annual report, newsletters, board materials, presentations, communications and other publications. Grantee agrees to provide the Foundation with such items upon the Foundation's reasonable request and hereby grants to the Foundation and anyone acting under the authority of the Foundation a fully paid- up, world-wide, right and license to use, reproduce, display and distribute the Grant Work Product in connection with the Foundation's charitable operations and activities. In connection therewith, Grantee shall be responsible for obtaining all necessary rights and permissions from third parties for the Foundation to use the Grant Work Product for these purposes. By signing this Agreement, Grantee also acknowledges and agrees to use by the Foundation of historical, programmatic and other information relating to Grantee and the grant hereunder. 10. Gratuities: The Foundation desires that all of Grantee's resources be dedicated to accomplishing its philanthropic purposes. Therefore, Grantee agrees that it will not furnish the Foundation or its Board of Directors, officers, staff or affiliates with any type of benefit related to this grant including tickets, tables, memberships, commemorative items, recognition items, or any other benefit or gratuity of any kind. 11. Contact: For all communications regarding this grant, please contact the Foundation by email at HomeRegion@wffmail.com. Please reference Grant #2017-2159 in your communication. DocuSign Envelope ID: 6C55027C-2414-465D-8CL._-0185505B456E We have enclosed the grant letter. By electronically signing this item the Grantee acknowledges and agrees to the terms and conditions herein. A copy of the completed document will be emailed to the Grantee through DocuSign. If the electronic signing of this item is not completed by March 15, 2018 the Foundation will consider the Grantee to have declined the grant. On behalf of the Foundation, I extend every good wish for the success of your organization's endeavors. Sincerely, ppcuSigl{ned qr: Kylse"T'P&Pson Executive Director ACKNOWLEDGED AND AGREED 5OmuSISnnd by: &-UlBy.)6 _ 3/1/2018 1 8:50:44 AM CST 108HA;i VUrtlan (Date) City of Fayetteville