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Home My WebLink About154-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 154-20 File Number: 2020-0412 FROUD FARMS HAY LEASE: A RESOLUTION TO AWARD BID # 20-38 AND AUTHORIZE A FIVE-YEAR HAY FIELD LEASE WITH FROUD FARMS FOR ABOUT 54.5 ACRES AT LAKE FAYETTEVILLE, MADISON NATURAL AREA, BAYYARI PARK, RODNEY RYAN PARK, AND COMBS PARK FOR THE AMOUNT OF $150.00 PER YEAR, AND TO AUTHORIZE MOWING AT OTHER PARK PROPERTIES AS NEEDED FOR THE AMOUNT OF $2.00 PER BALE WHEREAS, in order to save maintenance costs and staff time required to mow about 54.5 acres of meadows in five city parks, the Parks and Recreation Department requested bids from persons wishing to cut hay from these fields; and WHEREAS, Froud Farms submitted the best bid of $150.00 per year and has agreed to all terms in the attached lease agreement. 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 awards Bid #20-38 and authorizes Mayor Jordan to sign the attached five year hay field lease agreement with Froud Fauns for approximately 54.5 acres of meadows at Lake Fayetteville, Madison Natural Area, Bayyari Park, Rodney Ryan Park, and Combs Park for the amount of $150.00 per year and further authorizes Froud Farms to mow or bale hay at other park properties as needed for the amount of $2.00 per bale. PASSED and APPROVED on 6/4/2020 Page 1 Printed on 618120 Resolution: 154-20 File Number 2020-0412 `\`�1111111111///� Approved: Attest: T 6zFAYETrEVILLE City . gRKANSP�,. L oneld Jord , Ma r Kara Paxton, Clerk Treasureti,-y NGTOtA G �`�• Page 2 Printed on 618120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0412 Agenda Date: 6/2/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 FROUD FARMS HAY LEASE: A RESOLUTION TO AWARD BID # 20-38 AND AUTHORIZE A FIVE-YEAR HAY FIELD LEASE WITH FROUD FARMS FOR ABOUT 54.5 ACRES AT LAKE FAYETTEVILLE, MADISON NATURAL AREA, BAYYARI PARK, RODNEY RYAN PARK, AND COMBS PARK FOR THE AMOUNT OF $150.00 PER YEAR, AND TO AUTHORIZE MOWING AT OTHER PARK PROPERTIES AS NEEDED FOR THE AMOUNT OF $2.00 PER BALE WHEREAS, in order to save maintenance costs and staff time required to mow about 54.5 acres of meadows in five city parks, the Parks and Recreation Department requested bids from persons wishing to cut hay from these fields; and WHEREAS, Froud Farms submitted the best bid of $150.00 per year and has agreed to all terms in the attached lease agreement. 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 awards Bid #20-38 and authorizes Mayor Jordan to sign the attached five year hay field lease agreement with Froud Farms for approximately 54.5 acres of meadows at Lake Fayetteville, Madison Natural Area, Bayyari Park, Rodney Ryan Park, and Combs Park for the amount of $150.00 per year and further authorizes Froud Farms to mow or bale hay at other park properties as needed for the amount of $2.00 per bale. City of Fayetteville, Arkansas Page 1 Printed on 6/5/2020 City of Fayetteville Staff Review Form 2020-0412 Legistar File ID 6/2/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Byron Humphry 5/13/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to approve a lease agreement with Froud Farms for about 54.5 acres of City Park land for the sole purpose of cutting hay for the amount of $150.00 per year and to cut hay on other park properties as needed for $2.00 per bale. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ Previous Ordinance or Resolution # 140-14 Approval Date: 8/5/2014 V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 2, 2020 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: May 13, 2020 SUBJECT: Froud Farms Hay Agreement RECOMMENDATION: A resolution to approve a lease agreement with Froud Farms for about 54.5 acres of City Park land for the sole purpose of cutting hay for the amount of $150.00 per year and to cut hay on other park properties as needed for $2.00 per bale. BACKGROUND: Park properties at Hobby Use area at Lake Fayetteville Park, Madison Natural area, Bayyari Park, and Combs Park have historically been maintained as natural areas and brush hogged three to four times per year. In 2010 and again in 2014, the City entered a 5-year agreement with Froud Farms to mow these areas for hay. This agreement saved staff time and expense by not having to brush hog these areas. The latest agreement expired at the end of 2019. DISCUSSION: A request for bids was advertised on February 14, 2020. Only one complete bid was received which was from Froud Farms in the amount of $150 per year. In addition to the four properties listed above, the current bid also includes 3.5 acres at Rodney Ryan Park as well as a provision to mow other park properties as needed for $2 per bale. BUDGET/STAFF IMPACT: Staff time and expense required to brush hog undeveloped land will be reduced. In addition, $150 will be received annually. Attachments: Froud Farms Agreement Bid Tab 20-38 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville Bid 20-38, Hay Fields Lease — Parks and Recreation Lease Agreement This Agreement executed this ' l day of __Y LA, (\ e 2020, between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "Fayetteville" and FROUD FARMS of 1750 Steel Rd., Springdale AR 72762 ph.(479-841-9651) , hereinafter called "FROUD FARMS". 1. Premises. Fayetteville hereby leases to FROUD FARMS, and FROUD FARMS hereby leases from Fayetteville, the following described property situated in Washington County, Arkansas: Approximately 54.5 acres, more or less, or that portion of Park property marked on the maps entitled, "Exhibit Al, Exhibit A2, Exhibit A3, Exhibit A4, Exhibit A5", attached hereto and made a part hereof. 2. Term. This Lease shall be for a term of five (5) years commencing on the first day approved by the Fayetteville City Council in 2020 and ending on December 1, 2024. 3. Consideration. In consideration of Fayetteville leasing the above described property to FROUD FARMS for the aforesaid term, FROUD FARMS agrees to pay Fayetteville a total sum of $ 150.00 dollars, payable as follows: Upon execution of this agreement, FROUD FARMS shall pay Fayetteville $ 150.00 dollars annually, on or before the 151 day of July of this year and each succeeding year while this lease is in effect. In addition, as needed, other parcels may be periodically identified and coordinated with the City to cut and remove hay, and in such instances FROUD FARMS agrees to pay the City $ 2.00 dollars per bale. 4. Conditions. This lease shall be subject to the following conditions: a. This lease shall be for the sole purpose of removing hay from any or all of the above described property as marked as hayfield(s) on Exhibit Al, ExhibitA2, ExhibitA3, ExhibitA4, Exhibit AS and/or any additional parcels as coordinated with the City and according to all terms and conditions and information contained in Bid 20-38. b. FROUD FARMS agrees that livestock shall not be permitted to enter upon any land owned by City of Fayetteville, or the land included in this lease. c. FROUD FARMS shall keep and maintain the property covered by this lease in a good condition; that he/she will keep all fence rows and drains free and clear of weeds and underbrush. d. FROUD FARMS shall fertilize said lands as needed according to soil test recommendations. FROUD FARMS shall fertilize these leased areas with fertilizer approved by the Parks and Recreation City of Fayetteville, AR Bid 20-38, Hay Fields for Lease — Parks and Recreation Page 1 of 3 Department prior to fertilization taking place. No poultry litter or other animal manure may be applied as fertilizer. Fertilizer shall be applied in accordance to all local and state regulations. e. FROUD FARMS agrees to exercise caution and reasonable care during cutting and removal of hay so that park patrons or adjacent property owners are not injured or endangered. f. FROUD FARMS shall brush -hog or otherwise keep the brush cut annually from all areas not mowed for hay. g. FROUD FARMS shall not erect any structures of any nature whatsoever on said property including additional fences or gates without explicit written permission from the City. h. FROUD FARMS shall not permit any public nuisance to exist on said lands. i. FROUD FARMS shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from said above described lands any tree, soil, rock, or minerals of any kind whatsoever, except for hay. Furthermore, FROUD FARMS specifically agrees that he/she will not hunt or allow hunting by any person or persons on said property. j. FROUD FARMS agrees that Fayetteville, or its agents, shall have the right at all times to enter upon said property for the purposes of inspecting same. k. Fayetteville shall have the right of granting easements for any purpose on, over, and across said property. I. Fayetteville shall have the right to enter upon said land for the purpose of constructing and/or maintaining anything that Fayetteville in its own judgment may require without the necessity to notify, or of having to pay any compensation to the FROUD FARMS as damages by reason of the exercise of any of these rights and privileges. m. FROUD FARMS hereby agrees to hold harmless and indemnify Fayetteville from any and all claims or damages occasioned by or arising from FROUD FARMS's activities upon the above described property. n. FROUD FARMS shall not assign this Lease or sublet any part of the above described property without first obtaining the written consent of Fayetteville. o. This Agreement may be terminated by either party upon thirty (30) days written notice of termination to the other party. p. Notice as provided for herein shall be sufficient if sent by Certified Mail, postage prepaid, addressed as follows: City of Fayetteville, AR Bid 20-38, Hay Fields for Lease — Parks and Recreation Page 2 of 3 Notice to Fayetteville: Fayetteville Parks and Recreation ATTN: Byron Humphry 113 W. Mountain Street Fayetteville, Arkansas 72701 479-444-3471 Notice to FROUD FARMS: Darrell Froud 1750 Steele Rd. Springdale, AR 72762 5. Standard Federally Required Conditions. Under no circumstances is this lease an exclusive right to provide this service. Fayetteville is prohibited by Federal Regulation/Grant Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide services or conduct business. FROUD FARMS shall furnish services on a fair, equal and not unjustly discriminatory basis to all users of the service provided. FROUD F MS By: Printed Name & Title e-iu �� to) Business Address �- A -ate City, Statb & Zip Code Date Signed: City of Fayetteville, AR Bid 20-38, Hay Fields for Lease — Parks and Recreation Page 3 of 3 ATTEST: ``\\G��RK•/ TI�Fq !��i G\1Y 0'•;lG�• F 8 eat' �Jp' J F • �' YETTEVILLE Kara Paxton, City Clerk Date Signed: , 6 / r ..... rKP" .N j . � � r ';?'' _ I. Y !r r. � �V� ii,?, T�y� '�,h•�`e'� •�. � 41��':�, o�n�, w,.. } _ __.-.�_. .: 1! 44r. -4, � • .� i � � � •,� � � v � ��'' � y--`+Fite -- , ,y 000 00 X. {,. ,T �, �.� `if �• t „�,T M,t.�^A ''_.. jk �M4 .\ti ��nacy.::.ieC� 't aj.jL �`+� ,t p({'�_ r'1i2S X 1-00 1�& Y' � �. 'k4 s,�' 4.„ t'�f M � ,R�rr . � `�;t� • y� � �"'a �,� � r: .� �f'.� ��,�saM v. Exhibit A: 1 yAw a f f Lake Fayetteville - Crossover Rd & Ivey Ln 190 95 0 190 Feet Approximately 24 acres �tv ` 7 W,- W-15 a a ZL .YW _. sty r ..�i•- a, ,01 4O , v , y � o ,,` 1 ` • u H�\LEY(), rN t VAIA 44, LA mew �1AG1 St V r w S � O s T Madison Natural Area N 140 70 0 140 Feet wF. Exhibit A: 2 Approximately 7 acres s A s i t r � ..�lh d t 1 1 F � •F t : aid E .,��1 �� ,• y, r y4 � + 1 � t 'F � R• �" i. �,ei '�r< J!i � ;�` . /� { ' t r KI} � �,. ,� '�.;+'.� T �+F t f' �. '{ate �- ". - C f�►.��-?. �:'/ � : A', �_ t ! i:7 4 1 tr� �� r• tit x ~ �. :'�.. 16' 4 r k •. Y. Ae � � ) q t may, ' 6„R"_ �• i .. Y� .� i... ��i��31�� _ tj' Ste• �•,/ { ra" ;Yj.� y� ♦! k p N 3_.,' a • �f f •F, .yam . dry• ! t/ t �� `l , / r � V l ii -yp a Bayyari Park 70 35 0 70 Feet Exhibit A.- 3 Approximately 3 acres �G� i r `i Yr' P 101 yy ,� W �y 'ra '`��`"""1"4o,J4i3•".1.., }:.:.1,.`'y,i i',yFa J� :� ',A A ::. Combs Park N 160 80 0 160 Feet Exhibit A: 4 Approximately 17 acres ti Vr Rr F� a 4 f i r z Rodney Ryan Park N 80 40 0 80 Feet �� t: Approximately 3.5 acres Exhibit K5 S CITY OF ��FAYETTEVILLE ARKANS ARiCANA5 Bid 20-38, Hay Fields for Lease - Parks & Recreation Official Bid Tabulation Lioneld Jordan, Mayor Date of Advertisement: 2/14/2020 Bid No. 20-38 Date of Issue: 3/10/2020 Date: 03.10.2020 Time: 2:00 PM DARRIN WILLIAMS FROUD FARMS Description Estimate Time Extended Price Extended Price Item Hay Lease on 5 parcels that compose 54.5 acres m/I on Parks Land r $300.00 $1.00 1 Parcel A Per vea 2 Parcel B Per Yea, No Bid $1.00 3 Parcel C Per Yea No Bid _ $20.00 4 Parcel D Per Year No Bid $108.00 5 Parcel E Per Year No Bid $20.00 6 All Parcels (A-E): Per Year $300.00 $150.00 7 Additional parcels as needed: Pe, Bale No Bid $2.00 Total Annual Extended Price: her Year $300.00 $150.00 Total Bid Amount for additional Parcels as needed: i>er Bale No Bid $2.00 MJ I L. rn II.t WT U it U{Uuti LU Ndy LnC LILY Of rdyetteVllle, AK earn year 6.311, Foren, Purchasird Manager CPPB, CPPO 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.