HomeMy WebLinkAbout167-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 167-18
File Number: 2018-0394
LEWIS FIELDS PROPERTY LEASE EXTENSION:
A RESOLUTION TO APPROVE A ONE YEAR LEASE EXTENSION OF THE LEWIS FIELDS
PROPERTY FROM THE UNIVERSITY OF ARKANSAS SYSTEM DIVISION OF AGRICULTURE,
RESEARCH & EXTENSION
WHEREAS, it is in the best interests of the City of Fayetteville and University of Arkansas System
Division of Agriculture, Research & Extension to extend our twenty-five (25) year Lease Agreement for
the Lewis Fields property with the Division of Agriculture for an additional year.
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
Lease Agreement with the University of Arkansas System Division of Agriculture, Research &
Extension which extends the twenty-five (25) year lease of the Lewis Fields property for another year
and authorizes Mayor Jordan to sign this lease.
PASSED and APPROVED on 8/7/2018
Approved:
l Joneld
Attest:
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Sondra E. Smith, City Clerk qrf f? f4 �,.
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Page 1 Printed on 818118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0394
Agenda Date: 8/7/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 11
LEWIS FIELDS PROPERTY LEASE EXTENSION:
A RESOLUTION TO APPROVE A ONE YEAR LEASE EXTENSION OF THE LEWIS FIELDS
PROPERTY FROM THE UNIVERSITY OF ARKANSAS SYSTEM DIVISION OF AGRICULTURE,
RESEARCH & EXTENSION
WHEREAS, it is in the best interests of the City of Fayetteville and University of Arkansas System Division of
Agriculture, Research & Extension to extend our twenty five (25) year Lease Agreement for the Lewis Fields
property with the Division of Agriculture for an additional year.
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 Lease
Agreement with the University of Arkansas System Division of Agriculture, Research & Extension which
extends the twenty five (25) year lease of the Lewis Fields property for another year and authorizes Mayor
Jordan to sign this lease.
City of Fayetteville, Arkansas Page 1 Printed on 8/8/2018
City of Fayetteville Staff Review Form
201,8-0394
Legistar File ID
8/7/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Don Marr, Chief of Staff 7/24/2018 MAYORS ADMIN (015)
Submitted By Submitted Date Division / Department
Action Recommendation:
LEWIS FIELDS PROPERTY LEASE EXTENSION:
A RESOLUTION TO APPROVE A ONE YEAR LEASE EXTENSION OF THE LEWIS FIELDS PROPERTY FROM THE UNIVE
OF ARKANSAS SYSTEM DIVISION OF AGRICULTURE, RESEARCH & EXTENSION
Budget Impact:
Account Number
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No
Budget Adjustment Attached? No
Item Cost
Budget Adjustment
Remaining Budget
General Fund
-Fund
Project Title
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments: Previous lease was eneterd into on the 6th of May 2003
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 7, 2018
TO: Mayor and City Council
FROM: Don Marr, Chief of Staff
DATE: July 24, 2018
CITY COUNCIL MEMO
SUBJECT: City Council Agenda Session Item to approve a Resolution which would
approve an extension of the Land Lease between the University of
Arkansas System Division of Agriculture and the City of Fayetteville for
land described as Lewis Fields Property
RECOMMENDATION:
City Staff recommends the City Council approve and the Mayor sign the attached lease
agreement, extending the lease between the City of Fayetteville and the University of
Arkansas System Division of Agriculture for 12 months beginning July 1St 2018 and
running for a 12 month term to expire June 301h, 2019.
BACKGROUND:
The City went into a lease agreement for Indian Hills Property (City Property located
south of Chick-Fil-A on Razorback Road) and Lewis Fields (for University of Arkansas
System Division of Agriculture) property located at N. Lewis Avenue and W Mount
Comfort Road more than 25 years ago, and the joint lease of these properties expired
June 30th 2018.
DISCUSSION: The Mayor requested the University of Arkansas System Division of
Agriculture consider the extension of the Lewis Fields lease for an additional 12 months,
beginning July 1St, 2018 and running through June 30th 2019. The Division of
Agriculture responded with a willingness to agree to this extension with two other lease
requirements. The first was a 60 Day Cancellation clause should the need for the
Division to respond to an offer for purchase arise. This lease extension would allow
both the School District Administration and School Board; and the Mayor and City
Council to discuss any partnership possibilities and future land purchase options. The
City has requested our own appraisal on the property as we pursue these discussions.
It is the Mayor's plan to bring this forward to the City Council for discussion during the
upcoming Bond Program discussions.
Mailing Address:
113 W. Mountain Street www,fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
There is a budget impact to the city to maintain the property as we have been maintaining
it for park purposes and to pay any utilities associated with the land under lease.
Attachments:
1. Staff review form
2. Land Lease Agreement
RECEIVED
AUG 15 2018
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
LEASE AGREEMENT
This LEASE AGREEMENT is entered into between the City of Fayetteville, Arkansas (the "City"), an Arkansas
municipal corporation, and the Board of Trustees of the University of Arkansas acting for and on behalf of
the University of Arkansas System Division of Agriculture (hereinafter the "University").
Whereas, the University owns certain property known as Lewis Fields near Mt. Comfort Road and Lewis
Avenue in Fayetteville, Arkansas which was previously leased to the City for recreational purposes and
parking lots, for a 25 year period through a Joint Lease Agreement that expired on June 30, 2018; and
Whereas, the prior lease has expired, but the parties desire to enter into this new Lease Agreement to
allow the City to use the Lewis Fields property for recreational purposes for a period of one year, beginning
July 1, 2018 and running through June 30, 2019.
NOW THEREFORE, in consideration of the mutual promises of the parties contained herein, the best
interest of the public, and other good and valuable consideration, the parties agree as follows:
1. LEASED PREMISES.
The University hereby leases the property known as Lewis Fields ("Leased Premises") to the City
(that being the same property described in numbered Paragraph 1 of the Joint Lease Agreement of
June 29, 1993), which is situated in Fayetteville, Washington County, Arkansas, and more
specifically described below:
The Northwest Quarter (NW %) of the Northeast Quarter (NE %) of Section Eight (8) in Township
Sixteen (16) North, Range Thirty (30) West of the 5t" Principal Meridian, less twelve and one-half
(12 %) acres of equal width off the East side of said 40 acre tract; and less and except easements of
record, containing twenty-seven and one half (27 %) acres more or less, all in Washington County,
Arkansas.
2. STRUCTURES.
The City shall be responsible for the care, maintenance, and repair of all structures and parking lots
located on the Leased Premises during the term of the lease, and the City shall not construct any
additional permanent structures or parking lots on the Leased Premises without the prior written
approval of the University.
3. RENT.
In lieu of any monetary rent, as consideration for the use of the Leased Premises the City (at its
sole cost and expense) shall maintain the Leased Premises in good condition, including the care,
maintenance, and repair of the structures and parking lots thereon, and the grounds thereof. The
care, maintenance and repair of the grounds specifically includes, but is not limited to, mowing and
removing trash and debris as needed.
4. TERM.
This Lease Agreement shall have a term of one (1) year, beginning on July 1, 2018 and ending on
June 30, 2019. The University shall have an option to terminate this Lease Agreement without
cause with sixty (60) days written notice to the City. This Lease Agreement may be renewed and
extended for additional terms upon the mutual written agreement of the parties.
5. RETURN OF PREMISES.
At the end of the term of this Lease Agreement or any extension thereto, the City agrees to
surrender possession of the Leased Premises to the University, including all permanent fixtures,
without demand.
6. INTERPRETATION.
This Lease Agreement shall be interpreted according to and enforced under the laws of the State of
Arkansas; jurisdiction and venue is Washington County, Arkansas.
7. RIGHT OF FIRST REFUSAL.
During the term of this Lease Agreement and any renewals thereof, the City shall have a right of
first refusal to purchase the Leased Premises upon the same terms offered by another prospective
buyer within fifteen (15) days of receipt of notice from the University that an acceptable offer to
purchase the property has been made to the University.
8. ENTIRE AGREEMENT. This Lease Agreement contains the entire agreement of both parties hereto
regarding the Lewis Fields property. This Lease Agreement may be executed in one or more
counterparts each of which shall be deemed an original but all of which together shall constitute
the same instrument.
IN WITNESS WHEREOF, the parties set their hands by their respective duly authorized representatives.
CITY OF FAYETTEVILLE
By:
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ao�s
Date si ned
BOARD OF TRUSTEES OF THE UNIVERSITY OF
ARKANSAS, ACTING FOR AND ON BEHALF OF
THE UNIVERSITY OF ARKANSAS SYSTEM
DIVISION OF AGRICULTURE
By:
lie h
Printed name
As
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Title
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Date signed
ATTEST:
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City Clerk Sondra Smith
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This Lease Agreement was updated.
LEASE AGREEMENT
This LEAV AGREEMENT is entered into between the City of Fayetteville, Arka Pgas (the "City"), an
Arkansas nicipal corporation, and the Board of Trustees of the University/of Arkansas acting for and
on behalf of tke University of Arkansas System Division of Agriculture (h einafter the "University").
Whereas, the Univ sity owns certain property known as Lewis Fieldsear Mt. Comfort Road and Lewis
Avenue in Fayetteville, Arkansas which was previously leased to the ity for recreational purposes and
parking lots, for a 25 yea eriod through a Joint Lease Agreemen hat expired on June 30, 2018;and
Whereas, the prior lease has ex 'red, but the parties desire enter into this new Lease Agreement to
allow the City to use the Lewis Fie s property for recreati na I purposes for a period of one year,
beginning July 1, 2018 and running t ough June 30, 20 0.
NOW THEREFORE, in consideration of the N,,tutual pr raises of the parties contained herein, the best
interest of the public, and other good and va abl consideration, the -parties agree as follows:
1. LEASED PREMISES. \\
The University hereby leases the pr erty known as Lewis Fields ("Leased Premises") to the City
(that being the same property des rihed in numbered Paragraph 1 of the Joint Lease Agreement
of June 29, 1993), which is situa din Fayetteville;\Washington County, Arkansas, and more
specifically described below: \
The Northwest Quarter (N %) of the Northeast Quarter (NE Y4) of Section Eight (8) in Township
Sixteen (16) North, Rang hirty (30) West of the 5th Principal; Meridian, less twelve and one-half
(12 %) acres of equal wi th off the East side of said 40 acre tract; and less and except easements
of record, containing enty-seven and one half (27 %) acres more,,or less, all in Washington
County, Arkansas.
2. STRUCTURES.
The City shall b responsible for the care, maintenance, and repair of all structures and parking
lots located o the Leased Premises during the term of the lease, and the City shall not construct
any additio I permanent structures or parking lots on the Leased Premises without the prior
written ap roval of the University.
3. RENT.
In Y of any monetary rent, as consideration for the use of the Leased Premises the City (at its
sol cost and expense) shall maintain the Leased Premises in good condition, including the care,
m intenance, and repair of the structures and parking lots thereon, and the grounds thereof.
e care, maintenance and repair of the grounds specifically includes, but is not limited to,
mowing and removing trash and debris as needed.
Tliis Lease Agreennent was updated.
4. TERM.
This Lease Agreement shall have a term of one (1) year, begin
June 30, 2019. The University shall have an option to termina
cause with sixty (60) days written notice to the City. This Leas
extended for additional terms upon the mutual written agre
5. R URN OF PREMISES.
n9 on July 1, 2018 and ending on
his Lease Agreement without
Agreement may be renewed and
ent of the parties.
At th nd of the term of this Lease Agreement or any tension thereto, the City agrees to
surrende possession of the Leased Premises to the U iversity, including all permanent fixtures,
without de and.
6. INTERPRETA�i N.
This Lease Agre ent shall be interpreted actor ing to and enforced under the laws of the
State of Arkansas; �,riA ction and venue is Wa ington County, Arkansas.
7. ENTIRE AGREEMENT. Thisease Agreeme t contains the entire agreement of both parties
hereto regarding the Lewis Nelds proper, y. This Lease Agreement may be executed in one or
more counterparts each of wh h shall be deemed an original but all of which together shall
constitute the same instrument. 7
IN WITNESS WHEREOF, the parties set t eir han's by their respective duly authorized representatives.
CITY OF FAYETTEVILLE BOARD OF TRUSTEES OF THE UNIVERSITY OF
ARKANSAS, ACTING FOR AND ON BEHALF OF
E UNIVERSITY OF ARKANSAS SYSTEM
Dt ISION OF AGRICULTURE
By:
Lioneld D. Jordan, ayor
Date signed
ATTEST:
By: -
City
Sondra Smith
By:
Printed name
Title
Date signed