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Home My WebLink About197-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 197-22 File Number: 2022-0770 PAYNELESS, LLC LAND SALE AGREEMENT: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH PAYNELESS, LLC FOR THE SALE OF APPROXIMATELY 0.25 ACRES FOR $80,085.00 WHEREAS, on December 7, 2021 the City Council passed Resolution 304-21 expressing its intent to sell City owned property on South Hollywood Avenue to Payneless, LLC; and WHEREAS, the land sale agreement provides for the sale of approximately 0.25 acres to Payneless, LLC for the amount of $80,085.00; and WHEREAS, the property is not needed for municipal purposes and the current zoning is appropriate for Payneless, LLC's planned use of the 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 Land Sale Agreement attached to this Resolution with Payneless, LLC to convey 0.25 acres of City property to Payneless, LLC for the amount of eighty thousand eight five dollars and zero cents ($80,085.00). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance. PASSED and APPROVED on 9/6/2022 Page 1 Printed on 917122 Resolution: 197-22 File Number: 2022-0770 N011111111►1j Attest: % Y1 TROAI �.��i,� r tip• { FAYETTEVILLE: Kara Paxton, City Clerk Treasurer �s�i►,�'S'h•�rpG;-�'.~� Page 2 Printed on 917122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0770 Agenda Date: 9/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 PAYNELESS, LLC LAND SALE AGREEMENT: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH PAYNELESS, LLC FOR THE SALE OF APPROXIMATELY 0.25 ACRES FOR $80,085.00 WHEREAS, on December 7, 2021 the City Council passed Resolution 304-21 expressing its intent to sell City owned property on South Hollywood Avenue to Payneless, LLC; and WHEREAS, the land sale agreement provides for the sale of approximately 0.25 acres to Payneless, LLC for the amount of $80,085.00; and WHEREAS, the property is not needed for municipal purposes and the current zoning is appropriate for Payneless, LLC's planned use of the 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 Land Sale Agreement attached to this Resolution with Payneless, LLC to convey 0.25 acres of City property to Payneless, LLC for the amount of eighty thousand eight five dollars and zero cents ($80,085.00). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance. City of Fayetteville, Arkansas Page 1 Printed on 91712022 Chung Tan Submitted By City of Fayetteville Staff Review Form 2022-0770 Legistar File ID 9/6/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/17/2022 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: APPROVAL OF A RESOLUTION AUTHORIZING MAYOR LIONELD JORDAN TO SIGN A LAND SALE AGREEMENT WITH PAYNELESS, LLC TO SELL 0.25 ACRES (PARCEL # 765-12173-000) OF CITY -OWNED LAND ON S. HOLLYWOOD BLVD FOR $80,085. Budget Impact: 1010.300.3020-4881.02 Gain/Loss Sale of Assets Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # 304-21 Approval Date: 12/7/2021 V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 6, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Brad Hardin, Fire Chief Devin Howland, Director of Economic Vitality FROM: Chung Tan, Deputy Director of Economic Vitality DATE: August 16, 2022 CITY COUNCIL MEMO SUBJECT: A Resolution authorizing Mayor Lioneld Jordan to sign a Land Sale Agreement with Payneless, LLC to sell 0.25 acres (Parcel # 765-12173-000) of city -owned land on S. Hollywood for $80,085. RECOMMENDATION: Staff is recommending approval of a resolution authorizing Mayor Lioneld Jordan to sign a Land Sale Agreement with Payneless, LLC to sell 0.25 acres (Parcel # 765-12173-000) of city -owned land on S. Hollywood for $80,085. BACKGROUND: On December 7, 2021 the Fayetteville City Council passed Resolution 304-21 with a vote of 6-0, expressing its intent to sell 0.25 acres (Parcel # 765-12173-000) of city -owned land on S. Hollywood. Following the City Council's land sale authorization, Bid 22-21 was published on June 26, 2022 and ran through July 19, 2022. The City received one (1) bid and that was from Payneless, LLC with a bid price of $80,085. City staff then began the land sale notification process per section 34.27 "Sale of Municipally Owned Real Property" of the City's code. BACKGROUND ON PAYNELESS: Mr. Phillips currently owns Parcels 765-12171-000, 765-12171-001 and 765-12172-000 immediately south of Fire Station #6. Should the City Council approve this land sale to Mr. Phillips, he would own the entire block of real estate here. DISCUSSION: The Land Sale Agreement attached to this packet includes a purchase price for the 0.25-acre land (Parcel # 765-12173-000) of $80,085. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The city -owned land is currently zoned P-1 institutional. The site is bordered by the Tsa-La-Gi trail to the east, S. Hollywood Avenue to the west, and an access road to the University of Arkansas Remote Parking Lot 99 to the north. Staff worked with the City's Urban Forester and determined that the site contains a couple of young trees mixed in with the undergrowth. ECONOMIC VITALITY BENEFITS: Currently this block of real estate consists of 4 parcels totaling 1.25 acres. Mr. Phillips' initial plan for the site is to remove the litter and debris, as well as the undergrowth of invasive plant species. He intends to use this property to offer some sort of trail oriented commercial services or amenities for the residents in the immediate surroundings and the city. There are numerous multi -family housing projects in the vicinity housing over a thousand students within walking/biking distance. In addition, the Tsa-La-Gi trail touches this parcel on the north east corner bringing cyclists and trail users to the site. This site may be a gathering place for social interactions, enjoyment, relaxation while contributing to the tax base for the city and creating new jobs. The City promotes its trail system as a ribbon of commerce encouraging economic vitality through commercial activities along the system. BUDGET/STAFF IMPACT: $80,085 in revenue to the City fund that owns Parcel # 765-12173-000. Attachments: Site Location Map Resolution 304-21 Public Bid Tabulation of results Bid 22-21 Addendum 1 - Completed Bid Form submitted by Payneless, LLC - Invitation to Bid documents - Public advertisement "Invitation to Bid" Land Sale Agreement Public Notification Documentation - Certificate of mailing - Certificate of sign posting - Affidavit of newspaper ad 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 304-21 File Number: 2021-0920 EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES OF CITY PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS. the City of Fayetteville owns approximately 3 acres at 900 South Hollywood Avenue, which is the location of Fire Station 6; and WHEREAS. the City has received an offer from Payne Phillips to purchase a 0.25-acre portion of the property, which is separated from the rest of Parcel # 765-12173-000 by a driveway that was built to provide access to a parking lot owned by the University of Arkansas; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. 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 expresses its intent to sell approximately 0.25 acres of property located at 900 S. Hollywood Avenue, Parcel 765-12173-000, as shown on the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to advertise and receive offers for the sale of this property. PASSED and APPROVED on 12/7/2021 Page 1 Printed on IV8121 Resolution: 304-21 File Number: 2021-0920 Attest: Pt Kara Paxton. City Clerk Treasurer EAYEl-TEVILLE; • .,: .. i4L• c" • �� G iOsii=�°'��, Page 2 Printed on 1218/21 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0920 Agenda Date: 12/7/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.17 EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES OF CITY PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS, the City of Fayetteville owns approximately 3 acres at 900 South Hollywood Avenue, which is the location of Fire Station 6; and WHEREAS, the City has received an offer from Payne Phillips to purchase a 0.25-acre portion of the property, which is separated from the rest of Parcel # 765-12173-000 by a driveway that was built to provide access to a parking lot owned by the University of Arkansas; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. 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 expresses its intent to sell approximately 0.25 acres of property located at 900 S. Hollywood Avenue, Parcel 765-12173-000, as shown on the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to advertise and receive offers for the sale of this property. City of Fayetteville, Arkansas Page 1 Printed on 12W021 lip 900 k F IL M7 �e ' Ask Fire .eta. ,F fi01 V. 1 1 f1Y7 � a I '.k W P-Irxa,e?P r 1 K s i r �(130 s a li a a e I 50 100 200 300 Feet ft cel Bw day CITY OF Portion to be Sold (02ARKA 3 aC) *� TTaVlllB Exhibit A. RKAMlA! Parcel 765-121734= Land Sale Request _� r wrw� � cw sr�r.rr r w4 s nxr� x.e� -�tira•�alr�x �rrr>.rW rrlsr .rr wxa.•r�rr� �..r �..r. Fayetteville, AR ...... • '. •— ' "' '" ...� .• . W-1 s City of Fayetteville Staff Review Form 2021-0920 Legistar File ID 12/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chung Tan 11/18/2021 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: APPROVAL OF A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT TO SELL 0.25 ACRES OF MUNICIPALLY OWNED REAL PROPERTY ON PARCEL 765-12173-000. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Brad Hardin, Fire Chief Devin Howland, Director of Economic Vitality FROM: Chung Tan, Deputy Director of Economic Vitality DATE: November 18, 2021 CITY COUNCIL MEMO SUBJECT: A Resolution expressing the City Council of the City of Fayetteville's intent to sell 0.25 acres of City owned land on parcel 765-12173-000 RECOMMENDATION: Staff is recommending approval of a resolution expressing the City Council's intent to sell 0.25 acres of parcel 765-12173-000. BACKGROUND: In the early Fall of 2021, the Department of Economic Vitality was approached by Payne Phillips who expressed his desire to purchase 0.25 acres of City owned land immediately south of Fire Station #6 on W. Martin Luther King Junior Blvd. After consultation with Fire Chief Brad Hardin that this land was not needed for current or future fire purposes, Payne Phillips provided the City with a letter expressing his interest in the opportunity to bid on the property. DISCUSSION: Payne has informed City staff that his current plans are the development of a food truck court and other entertainment offerings trailside in the future. He currently owns parcels 765-12171- 000 and 765-12172-000 to the immediate south of Fire Station #6 as well. Initial plans for the site include removing litter and debris, as well as the undergrowth of invasive plant species. The City -owned property is currently zoned P-1 institutional. The site is bordered by the Tsa-La- Gi trail to the east, S. Hollywood Avenue to the West, and an access road to University of Arkansas Remote Parking Lot 99 to the north. The parcel does contain a few young trees mixed in amongst the undergrowth. Staff will work with the City's Urban Foresters to identify trees the City wants to see retained as part of the real estate contract negotiations should a bid be chosen. Should this resolution be adopted by the Fayetteville City Council, City staff would begin working with the Purchasing Division to advertise that the 0.25 acres is open for public bids. If a bid is recommended to City Council to accept, City staff would begin the land sale public Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 notification process per section 34.27 `Sale of Municipally Owned Real Property' of the City's code. BUDGET/STAFF IMPACT: Future revenue to the fund which owns parcel 765-12173-000. Attachments: Exhibit Map Letter of interest from Payne Phillips tw q x,w4 ry +ate. Sok ip. 9[i7 Ci c J 4127 9 i 35 1 18I1� v. Parcel Boundary CM Portion to be Sold (0.23 ac) €ITY OF FAYETTEVILLE {.� * Exhibit : it J� ARKANSAS Parcel 765-12173-NO Land Sale Request •.^"�'�`"�`.`� *.° "'�'"� ".. ��", Fayetteville, + e .. �„ Y .. Pr- G-YG'�Ahi�3l7RS'11'�vi Yam. h e _Iardltie� Ye Pa fi.... of DAYNELESS Payne Phillips (479)200-3280 paynehphillips@gmail.com 124 W Meadow St. Fayetteville, AR 72701 October 18, 2021 Fire Chief Brad Hardin City of Fayetteville 303 W Center Street Fayetteville, AR 72701 RE: 1010 S Hollywood Ave. Fayetteville, AR 72701 Dear Chief Hardin: The purpose of this letter is to inform you of my interest to purchase approximately .25 acres of your property located at 1010 S Hollywood Avenue in Fayetteville, AR. I have a survey and an appraisal. I'm prepared to make a full market value offer. I'm looking forward to hearing your reply about my intent to purchase. If you have any questions or comments, please feel free to reach out to me anytime. Thank you, Payne Phillips O v � m rt N � O G N N N La O =3 Ni ON N D V � Q fD un o a o o :3 0 c � o o v 3 o fD o � Nf 00 x G cl m Q 3 00 00CD O � G 00 O O CITY OF -� FAYETTEVILLE ARKANSA Bid 22-21 Addendum 1 Payneless Supplier Response Event Information Number: Bid 22-21 Addendum 1 Title: Sale of Land - 900 S. Hollywood Ave. Type: Invitation to Bid Issue Date: 6/26/2022 Deadline: 7/19/2022 02:00 PM (CT) Notes: The City of Fayetteville, Arkansas is seeking bids from qualified vendors for the sale of 1 quarter (.25) of an acre of land, more or less (m/L), located at 900 S. Hollywood Ave., Fayetteville AR, 72701 in Washington County. This property is being sold in as -is condition with no warranty. Any questions concerning the bidding process shall be directed to Amanda Beilfuss, Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Payneless Bid 22-21 Addendum 1 Payneless Information Address: 124 West Meadow St Fayetteville, AR 72701 Phone: (479) 200-3280 By submitting your response, you certify that you are authorized to represent and bind your company. Payne Phillips Signature Submitted at 711312022 09:47:23 AM (CT) uested Attachments Bid 22-21, Sale of Land - Required Bid Form Please submit the SIGNED and COMPLETED Bid Form Bid Attributes paynehphillips@gmail.com Email Bid 22-21, Sale of Land - Required Bid Form- SIGNED.pdf This can be found in the "Attachments" tab. 1 Intended Use Describe the Bidder's intended use for the property, based on the price offered. The intended use for this property is to offer some sort of trail oriented commercial services/amenities. 2 Community Benefit Describe any community and/or economic development benefits to the City, known or expected, based on price offered. This property has the opportunity to act as a gathering place and provide services for what might be the most densely lived area in all of Northwest Arkansas. Besides the thousands of students living within walking/biking distance, this could serve the community with the only trail focused offering anywhere along the 5 mile Tsa-La- Gi/Town Branch loop. If this land were to be kept by the City or sold to another party, it would remain vacant or at best be two more townhomes. 3 Conditions of Sale List any conditions of this sale from the Bidder. -Cash offer -30 day close -No contingencies 4 Other List any additional factors the Bidder discloses to the City of Fayetteville. I own the three adjoining parcels to the south. Bid Lines 1 Formal Offer for TRACT B ONLY of Land Parcel Number 765-12173-000, in US Dollars Price: 1 $80,085.00 Total: 1 $80,085.00 Item Notes: Tract B consists of 1 quarter (.25) acre of land, more or less (m/L), located at the southernmost section of the parcel located at 900 S. Hollywood Ave., Fayetteville, AR 72701. Page 2 of 3 pages Vendor: Payneless Bid 22-21 Addendum 1 Response Total: $80,085.00 Page 3 of 3 pages Vendor: Payneless Bid 22-21 Addendum 1 II CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain St Fayetteville, AR 72701 A R KA N SAS Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) DEADLINE: Tuesday, July 19, 2022 before 2:00 PM, Local Time PRE -BID MEETING: Wednesday, July 6, 2022 at 10:00 AM, Local Time, On -Site at 900 S. Hollywood Ave., Fayetteville, AR 72701 PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 06/26/22 INVITATION TO BID Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested, failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Payneless, LLC Contact Person: Payne Phillips Title: Owner E-Mail: Paynehphillips@gmail.com Phone: 479-200-3280 Business Address: 124 W Meadow St. City: Fayettevil Signature: City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 1 of 11 State: Arkansas Zip: 72701 Date: 7/8/2022 City of Fayetteville Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Advertisement 1 of 2 Legol Section, Classification 1210 The City of Fayetteville, Arkansas is seeking bids from qualified vendors for the sale of 1 quarter (.25) of an acre of land, more or less (m/L), located at 900 S. Hollywood Ave., Fayetteville AR, 72701 in Washington County. This property is being sold in as -is condition with no warranty. Any questions concerning the bidding process shall be directed to Amanda Beilfuss, City of Fayetteville Purchasing Agent at abeilfuss@fayetteville-ar.gov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, July 19, 2022 before 2:00 PM, Local Time utilizing the electronic bidding software OR by submitting a sealed bid at the City of Fayetteville, Purchasing Division address listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 A non -mandatory Pre -Bid meeting will be held Wednesday, July 6, 2022 at 10:00 AM, Local Time, on -site at 900 S. Hollywood Ave., Fayetteville, AR 72701. Information regarding the pre -bid meeting is available on the sale/project page on the City's electronic bidding platform. All interested parties are encouraged to attend. The City of Fayetteville reserves the right to reject any and all bids and to waive irregularities deemed to be in the City's best interest. The City also reserves the right to sell this property based on the best interest of the City as deemed by the Fayetteville City Council, which may include but is not limited to, the intent of use by a potential bidder. City of Fayetteville By: Amanda Beilfuss, Purchasing Agent P: 479.575.8258 TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 06/26/22 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 2 of 11 City of Fayetteville Invitation to Bid Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Advertisement 2 of 2 Real Estate Block Advertisement City of Fayetteville Invitation to Bid Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) The City of Fayetteville is accepting sealed bids for the sale of 1 quarter (.25) of an acre land, more or less (m/L), located at 900 S. Hollywood Ave., Fayetteville, AR 72701. Property is being sold as -is with no warranty. All sealed bids are due by Tuesday, July 19, 2022 before 2:OOPM, local time per bidding documents. No late bids shall be accepted. Public bid opening to immediately follow and will be livestreamed at: https://www.youtube.com/user/citVoffayettevillear A non -mandatory Pre -Bid meeting will be held Wednesday, July 6, 2022 at 10:00 AM, local time, on -site at 900 S. Hollywood Ave., Fayetteville, AR 72701. For full information, visit www.fayetteville-ar.gov/bids. The City reserves the right to award based on the best interest of the City. Final award will be approved through Fayetteville City Council. All questions shall be directed to Amanda Beilfuss. City of Fayetteville, AR By: Amanda Beilfuss P: 479.575.8258 abeiIfuss@fayetteviIIe-ar.gov Date of advertisement (real estate block ad): Sunday 06/26/22 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 3 of 11 City of Fayetteville Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Required Bid Form — Bid Signature & Online Submittal Requirements EXECUTION OF BID: Any conditions of sale shall be provided by Bidder sealed with offer/bid. The bid form provided in this document shall be completed in its entirety. Bidders will not be allowed to make corrections to bid after the bid deadline. All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.favetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) BID DISCLAIMER: The City of Fayetteville reserves the right to sell this property based on the best interest of the City as deemed by the Fayetteville City Council, which may include but is not limited to the intended use, community benefit, purchase price, conditions of sale, and other considerations. Due to the fact City Council will be evaluating the sale of this land, Bidders are encouraged to completely fill out the bid form. Alterations in bid will not be allowed after the bid deadline; therefore, Bidders are encouraged to bid on most favorable terms available. PRICE: Bidders shall submit pricing on the City's online bidding portal (ww.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 4 of 11 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. As a bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 5 of 11 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Payneless, LLC Purchase Order/Payments shall ,be issued to this name *D/B/A or Corporation Name *BUSINESS ADDRESS: 124 W Meadow St *CITY: Fayetteville *PHONE: 479-200-3280 *E-MAIL: Paynehphillips@gmail.com *BY: (PRINTED NAME) *AUTHORIZED SIGNAT *TITLE: Owner UNIQUE ENTITY NUMBER: *TAX ID NUMBER: 84-2789123 Acknowledge Addendums: Addendum No. Dated: Addendum No. Dated: Addendum No Addendum No Dated: Dated: City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 6 of 11 *STATE: AR *ZIP: 72701 FAX: Acknowledged by: Acknowledged by: Acknowledged by: Acknowledged by: CAGE NUMBER: City of Fayetteville Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) General Terms and Conditions TERMS AND CONDITIONS Sale of Public Owned Land located at: 900 S. Hollywood Ave. in Fayetteville, Arkansas 1.0 Basic Terms and Conditions 1.1 The City of Fayetteville is selling currently owned City Land via sealed bid process. This sale affects the following property: 1.1.1 1 quarter (.25) acre of land, more or less (m/L), located at 900 S. Hollywood Ave., Fayetteville, AR 72701 1.1.2 Parcel Number 765-12173-000 consists of 2 tracts; Tract A and Tract B. Land for sale is Tract B only and is located at the southernmost section of the parcel. 1.2 A non -mandatory Pre -Bid meeting will be held Wednesday, July 6, 2022 at 10:00 AM, Local Time, on -site at 900 S. Hollywood Ave., Fayetteville, AR 72701. Information regarding the pre -bid meeting is available on the sale/project page on the City's electronic bidding platform. All interested parties are encouraged to attend. 1.3 The City of Fayetteville reserves the right to sell this property based on the best interest of the City as deemed by the Fayetteville City Council, which may include but is not limited to the intended use, community benefit, purchase price, conditions of sale, and other considerations. Due to the fact City Council will be evaluating the sale of this land, Bidders are encouraged to completely fill out the bid form. Alterations in bid will not be allowed after the bid deadline; therefore, Bidders are encouraged to bid on most favorable terms available. 1.3.1 All bidders shall hereby agree the "Formal Offer" as shown in the City's online bidding portal shall be understood as the official offer from the Bidder to the City of Fayetteville to purchase the real property as described in this bid. 1.4 This sale is being handled through the City's Purchasing Division. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville- ar.gov/bids. All bids/offers shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citvoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. 1.5 The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. 1.6 Bidder, Buyer, and to whom the land is transferred too, shall be one in the same. Bids shall be submitted in the same name as the individual or entity purchasing the land. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 7 of 11 1.7 This land is being sold as -is and does not include any warranties of any kind. The City of Fayetteville will NOT make any improvements/modifications to the land. 1.8 The City of Fayetteville shall pay its own closing costs. Buyer/Bidder shall pay their own respective closing costs. The City of Fayetteville shall not pay for any portion or amount of the buyer's/bidder's closing costs. 1.9 Bids will only be considered at the minimum amount of $50,000 US Dollars or greater for this land. 1.9.1 Bids/Offers submitted lower than the minimum bid amount shall be rejected and will not be considered. 1.10 Buyer/Bidder agrees to hold offer firm for a period not to exceed ninety (90) calendar days. 1.11 The City of Fayetteville will not pay any commission fees for any real estate agent. 1.12 Finalization of sale will have final approval by Fayetteville City Council. 1.13 The City of Fayetteville reserves the right to sell this property based on the best interest of the City as deemed by the Fayetteville City Council, which may include but is not limited to: the intended use, community benefit, purchase price, and other considerations deemed to be in the City's best interest. 2.0 Advertising Outreach 2.1 Primary source for all bid information is the City of Fayetteville's bidding portal available at: www.fayetteville-ar.gov/bids. Advertising and outreach will also be distributed through: 2.1.1 Advertising in the legal section of the Northwest Arkansas Democrat Gazette, classification 1210 2.1.2 Block ad advertising in the Real Estate section of the Northwest Arkansas Democrat Gazette 3.0 Inspection 3.1 Interested parties are strongly encouraged to inspect land prior to bidding. 3.2 The City shall not be responsible for any accidents, injuries, etc. during inspection or any other viewing of the land. 3.3 A non -mandatory Pre -Bid meeting will be held Wednesday, July 6, 2022 at 10:00 AM, local time, on -site at 900 S. Hollywood Ave., Fayetteville, AR 72701. Information regarding the pre -bid meeting is available on the sale/project page on the City's electronic bidding platform. All interested parties are encouraged to attend. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 8 of 11 4.0 Property Details: Line Item A —Tract B of 900 S. Hollywood Ave., Fayetteville, Arkansas 72701. Red lines displayed in the picture below represent the approximate boundaries of the subject property (Tract B). wWH Sir'. ' FAE STA[71.6 h � , k` iAACT'R' '°91 rcr.P lT9iNu�4 in,L i esa �-1 �+'hne�uc x Gf1Y CF FAYFnEVRiE � q �'o � �NED Aa i M !IB'5l'.f4� W� 125.w � wuw mmrwnori + 9 1AaP'XwRb�bfWtlrawfxm mm•n• OR'K'w d1MM,YI AP! �+W W !� wpFPWi�KJYwa !q y_ FNWWPYK6]Ilm,•F Grdl�,ly 104! Me1'29'4s'w l -v .lrw.. o.aw.re.aa•.aa..x - I= s14 :RM�7 S' g � � y�pp}pe,lYk ar ua aeou � arEVH cn' F P.0.41WL � tlMf1118 BE1�Klt N anr'ar W 157L& — 4.1 Minimum Bid amount is $50,000 US DOLLARS. 4.2 1 quarter (.25) of an acre of land, more or less (m/L), located at 900 S. Hollywood Ave., Fayetteville, Arkansas 72701; Washington County. 4.3 This site is accessed from the southside of Martin Luther King Jr. Blvd at the intersection of Martin Luther King Jr. Blvd and Hollywood Ave., in the southwest part of the parcel (Tract B). 4.4 Current Zoning: P-1, Institutional. 5.0 Bid or Offer Guarantee Requirements 5.1 Bidders shall be required to provide written demonstration of financial ability if requested by the City within ten (10) business days. Acceptable means of financial ability shall be defined by the following: 5.1.1.1 Letter of Prequalification from a financial institution such as a bank or credit union 5.1.1.2 Letter of Credit from a financial institution such as a bank or credit union 5.1.1.3 Alternate written financial document acceptable to the City of Fayetteville 6.0 Transfer of Property 6.1 Property will transfer after final closing documents are processed and signed by both parties through a local title company. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 9 of 11 6.1.1 Each party shall hire and pay for their own title work. 6.2 The transfer of the property shall be made to the Bidder/Buyer as approved by the City of Fayetteville. Such conveyance shall be made in fee simply absolute by general warranty deed. 6.3 The City shall provide the final buyer evidence of good title by: 6.3.1 Abstract of title 6.3.2 Title insurance for the same amount bid 6.3.3 Or as other means acceptable to the real estate industry by legal requirement or best practice 7.0 Special Conditions 7.1 Only the item described herein is included in the sale regardless of what else is pictured. 7.2 Pursuant to Arkansas Code Annotated §22-9-203 the City of Fayetteville encourages all qualified small, minority and women's business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women's business enterprises. 7.3 Any expenses incurred with the preparation and submission of bids or offers, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 7.4 Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 7.5 The successful bidder agrees to indemnify the City and hold it harmless from and against any and all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 7.6 Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.575.8258 no later than seven (7) calendar days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 7.7 Any uncertainties shall be brought to the attention of the City of Fayetteville Purchasing Division immediately via telephone, (479) 575-8258 or e-mail abeilfuss@fayetteville-ar.gov. It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the sale of properties included. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. 7.8 Bidder will expressly assume all dangers, risks and hazards regarding the property and shall release, protect, indemnify and hold harmless the City of Fayetteville, its agents, employees and assigns from and against any and all claims, demands, causes of action and damages of any kind, including but not limited to, attorney's fees and litigation costs resulting from any accident, incident or occurrence arising out of or in any way resulting from the actions of the bidder. 7.9 The City of Fayetteville reserves the right to reject any or all bids or offers, to waive formalities or irregularities in any bid or offer, and to solicit for new bids or offers. City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 10 of 11 7.10 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.0 Attachments to this Package 8.1 Additional attachments hereby included with this packet: 8.1.1 Appendix A — Lot Split Survey for Tract A/Tract B 8.1.2 Appendix B — City of Fayetteville Warranty Deed for Tract A 8.1.3 Appendix C — Fayetteville City Council Resolution No. 305-21 City of Fayetteville, AR Bid 22-21, Sale of Land — 900 S. Hollywood Ave. (Tract B) Page 11 of 11 3 Doc ID: 020583010001 Type: REL., I'I - , SURVEY Recordej:,06/O6/2,022 at M36:51-AM I � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Washington- ouaty—AR1 °f 1 ,Kyle Sylvester C1rcultClerTc Fu-2022-00019033 cA REMATOF I I I I I WESTW000 ADD. 1 f 1 I a S$' 2021-M76 1 f m is I I I ZONED:CS &I 1 1 r i 6F�8 drb Yia Ii I Imo I �a I I I j =8 j 11 ypA oMei NO2'31WE 260.01' 5 3 w BSBB CC N a Cn_ 25' ®+>El08%030 -- - 70.24' S 02°46'26' W ° W4 — W4 N 02'31'W E 4481.74;' — - — - �� W8 W4 - --- - — &M aI In a s m g N y — 6 O y O N� S� 9=OTv a I (n P BSB o o v SI S 02°4626' W 129.76' !I II I 4 0 \ m m W w 8�0 - A n ijQ 3 a;m I — zc BSe 26'ACCESSa U.E. 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MOUNTAIN STREET ' CITY OF FAYETTEVILLE LOT SPLIT f APPENDIX B: City of Fayetteville Warranty Deed for Tract A (Part of) Parcel No. 765-12173-000 Tract A WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1-00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE. and unto Grantee's successors and assigns, the following described (and situated in the County of Washington, State of Arkansas, to -wit: I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 020582990001 Type: REL Kind: WARRANTY DEED Recorded: 06/06/2022 at 09:36:10 AM Fee Amt: $15.00 Paqe 1 of 1 Washington County, AR Kyle Sylvester Circuit Clerk File2022-00019031 A part of the Northeast Quarter (NE ,4) of the Northwest Quarter (NW %) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file In the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, J more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE A of the NW !4 said point being an existing stone; thence South 66 degrees 57 minutes 34 seconds East 200.13 feet to a found YV rebar on the East right of way line of Hollywood Avenue; thence North 02 degrees 31 minutes 55 seconds East along said East right of way 318.92 feet to a set 6/8" rebar with cap COF #1514 and the POINT OF BEGINNING, thence continuing North 02 degrees 31 minutes 55 seconds East along said East right of way line 481 74 feet to a set 5/8" rebar with cap COF #1514; thence leaving said East right of way line South 86 degrees 57 minutes 34 seconds 282.33 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 17 minutes 33 seconds West 350.66 feet to a set 5/8" rebar with cap COF #1514; thence North 86 degrees 57 minutes 34 seconds West 125 89 feet to a set disk labeled COF #1514-, thence South 02 degrees 46 minutes 26 seconds West 129.76 feet to a set 5/8" rebar with cap COF #1514; thence North 87 degrees 26 minutes 43 seconds West 157 35 feet to the POINT OF BEGINNING, containing 2-75 acres, more or less. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this �� day of 2022 RCVFNUF Sf AMPS AFFIDAvr1- The foregoing deed has the correct amount of Revenue X AYE VILLE, ARKANSAS, Stamps affixed t❑ n car in r►rntisf from such stamps. al co ration I{{! {TR!!!►/�� .... E Signed: _ . u.� tip �S.■• ■ City or Fayetteville, I I3 W Mountain B r�•��yrU� •��[Y ��{ ■o p , Fayetteville, AR 72701 y : C1 rt, ayor =c`a• EVILLL ATTEST: . f pY� • �7 [Seal] may'■'�;'Ql�Ata�P' Kara Paxton, i9ky Clerk Treas rer ";GToN 1 • �N�l1lH!{{11N�� ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON j ss milt--J Ullii SO 1) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioneqI a d acting Notary Public within and for said County and State, personally appeared Lioneld .Jordan and me well known as the at the persons who executed the foregoing document, and who stated and acknowledged thre the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. tulrrrr�� WITNESS rr i Rd #p8�f/grn this da 2022 MY Comm ISSIO-NpPIWAR� n . +•� - Not is pu wc- 0. �XPift'y5 3: f�` pti COO, -A l/6"1 t 10111+.l',kl1,', APPENDIX C: Fayetteville City Council Resolution No. 305-21 OF FAYFTTf L l tN ;, 9AKA NS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 304-21 File Number: 2021-0920 EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES OF CITY PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS. the City of Fayetteville owns approximately 3 acres at 900 South Hollywood Avenue, which is the location of Fire Station 6; and WHEREAS. the City has received an offer from Payne Phillips to purchase a 0.25-acre portion of the property, which is separated from the rest of Parcel # 765-12173-000 by a driveway that was built to provide access to a parking lot owned by the University of Arkansas; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. 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 expresses its intent to sell approximately 0.25 acres of property located at 900 S. Hollywood Avenue, Parcel 765-12173-000, as shown on the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to advertise and receive offers for the sale of this property. PASSED and APPROVED on 12/7/2021 Page 1 Printed on IV8121 Resolution: 304-21 File Number: 2021-0920 Attest: Pt Kara Paxton. City Clerk Treasurer EAYEl-TEVILLE; • .,: .. i4L• c" • �� G iOsii=�°'��, Page 2 Printed on 1218/21 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0920 Agenda Date: 12/7/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.17 EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO SELL APPROXIMATELY 0.25 ACRES OF CITY PROPERTY LOCATED AT 900 SOUTH HOLLYWOOD AVENUE WHEREAS, the City of Fayetteville owns approximately 3 acres at 900 South Hollywood Avenue, which is the location of Fire Station 6; and WHEREAS, the City has received an offer from Payne Phillips to purchase a 0.25-acre portion of the property, which is separated from the rest of Parcel # 765-12173-000 by a driveway that was built to provide access to a parking lot owned by the University of Arkansas; and WHEREAS, staff has reviewed the proposal and recommends that the City Council authorize the sale of this property as it is not needed for municipal purposes. 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 expresses its intent to sell approximately 0.25 acres of property located at 900 S. Hollywood Avenue, Parcel 765-12173-000, as shown on the map attached to this Resolution as Exhibit A, and further authorizes the Mayor to advertise and receive offers for the sale of this property. City of Fayetteville, Arkansas Page 1 Printed on 12W021 lip 900 k F IL M7 �e ' Ask Fire .eta. ,F fi01 V. 1 1 f1Y7 � a I '.k W P-Irxa,e?P r 1 K s i r �(130 s a li a a e I 50 100 200 300 Feet ft cel Bw day CITY OF Portion to be Sold (02ARKA 3 aC) *� TTaVlllB Exhibit A. RKAMlA! Parcel 765-121734= Land Sale Request _� r wrw� � cw sr�r.rr r w4 s nxr� x.e� -�tira•�alr�x �rrr>.rW rrlsr .rr wxa.•r�rr� �..r �..r. Fayetteville, AR ...... • '. •— ' "' '" ...� .• . W-1 s City of Fayetteville Staff Review Form 2021-0920 Legistar File ID 12/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chung Tan 11/18/2021 ECONOMIC DEVELOPMENT (050) Submitted By Submitted Date Division / Department Action Recommendation: APPROVAL OF A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT TO SELL 0.25 ACRES OF MUNICIPALLY OWNED REAL PROPERTY ON PARCEL 765-12173-000. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Brad Hardin, Fire Chief Devin Howland, Director of Economic Vitality FROM: Chung Tan, Deputy Director of Economic Vitality DATE: November 18, 2021 CITY COUNCIL MEMO SUBJECT: A Resolution expressing the City Council of the City of Fayetteville's intent to sell 0.25 acres of City owned land on parcel 765-12173-000 RECOMMENDATION: Staff is recommending approval of a resolution expressing the City Council's intent to sell 0.25 acres of parcel 765-12173-000. BACKGROUND: In the early Fall of 2021, the Department of Economic Vitality was approached by Payne Phillips who expressed his desire to purchase 0.25 acres of City owned land immediately south of Fire Station #6 on W. Martin Luther King Junior Blvd. After consultation with Fire Chief Brad Hardin that this land was not needed for current or future fire purposes, Payne Phillips provided the City with a letter expressing his interest in the opportunity to bid on the property. DISCUSSION: Payne has informed City staff that his current plans are the development of a food truck court and other entertainment offerings trailside in the future. He currently owns parcels 765-12171- 000 and 765-12172-000 to the immediate south of Fire Station #6 as well. Initial plans for the site include removing litter and debris, as well as the undergrowth of invasive plant species. The City -owned property is currently zoned P-1 institutional. The site is bordered by the Tsa-La- Gi trail to the east, S. Hollywood Avenue to the West, and an access road to University of Arkansas Remote Parking Lot 99 to the north. The parcel does contain a few young trees mixed in amongst the undergrowth. Staff will work with the City's Urban Foresters to identify trees the City wants to see retained as part of the real estate contract negotiations should a bid be chosen. Should this resolution be adopted by the Fayetteville City Council, City staff would begin working with the Purchasing Division to advertise that the 0.25 acres is open for public bids. If a bid is recommended to City Council to accept, City staff would begin the land sale public Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 notification process per section 34.27 `Sale of Municipally Owned Real Property' of the City's code. BUDGET/STAFF IMPACT: Future revenue to the fund which owns parcel 765-12173-000. Attachments: Exhibit Map Letter of interest from Payne Phillips tw q x,w4 ry +ate. Sok ip. 9[i7 Ci c J 4127 9 i 35 1 18I1� v. Parcel Boundary CM Portion to be Sold (0.23 ac) €ITY OF FAYETTEVILLE {.� * Exhibit : it J� ARKANSAS Parcel 765-12173-NO Land Sale Request •.^"�'�`"�`.`� *.° "'�'"� ".. ��", Fayetteville, + e .. �„ Y .. Pr- G-YG'�Ahi�3l7RS'11'�vi Yam. h e _Iardltie� Ye Pa fi.... of DAYNELESS Payne Phillips (479)200-3280 paynehphillips@gmail.com 124 W Meadow St. Fayetteville, AR 72701 October 18, 2021 Fire Chief Brad Hardin City of Fayetteville 303 W Center Street Fayetteville, AR 72701 RE: 1010 S Hollywood Ave. Fayetteville, AR 72701 Dear Chief Hardin: The purpose of this letter is to inform you of my interest to purchase approximately .25 acres of your property located at 1010 S Hollywood Avenue in Fayetteville, AR. I have a survey and an appraisal. I'm prepared to make a full market value offer. I'm looking forward to hearing your reply about my intent to purchase. If you have any questions or comments, please feel free to reach out to me anytime. Thank you, Payne Phillips LAND SALE AGREEMENT THIS LAND SALE AGREEMENT ("Agreement") is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "Fayetteville") and Payneless, LLC, a limited liability company organized pursuant to the laws of the State of Arkansas ("Purchaser"). For valuable consideration, the receipt and adequacy of which are hereby acknowledged, Fayetteville and Purchaser agree as follows: TERMS AND CONDITIONS 1. Sale Subject to the terms and conditions of this Agreement, Fayetteville agrees to sell and Purchaser agrees to purchase certain real property designated as Parcel # 765-12173-000 in the Washington County land records (the "Property"). The Property is legally described as follows: A part of the Northeast Quarter (NE %4) of the Northwest Quarter (NW '/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE'/4 of the NW '/4 said point being an existing stone; thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found '/s" rebar on the East right of way line of Hollywood Avenue; thence North 02 degrees 31 minutes 55 seconds East along said East right of way 250.01 feet to a found '/2" rebar and the POINT OF BEGINNING; thence continuing North 02 degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebar with cap COF # 1514; thence leaving said East right of way line South 87 degrees 26 minutes 43 seconds East 157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds West 70.24 feet to a found iron pin with cap #1005; thence North 86 degrees 56 minutes 34 seconds West 157.06 feet to the POINT OF BEGINNING, containing 0.251 acres, more or less. In exchange for the Purchase Price of $80,085.00 to be paid at the closing, Fayetteville shall execute and deliver a general warranty deed to Purchaser which shall convey the Property to Purchaser subject to existing easements and rights of way of record. 2. Contingencies None. 3. Purchase Price In consideration of the sale of the Property, Purchaser shall pay to Fayetteville at closing the gross purchase price of EIGHTY THOUSAND AND EIGHTY FIVE DOLLARS ($80,085.00) (the "Purchase Price"). 4. Closing Date and Place Closing shall occur within thirty (30) days following the date this Agreement has been executed by both parties unless extended by mutual agreement of the parties in writing. The Closing shall occur at the offices of the title insurance company selected to issue the title insurance required by this Agreement. The obligation of Purchaser to close pursuant to this Agreement shall be subject to the completion and/or fulfillment of the following conditions precedent to the satisfaction of Purchaser in its discretion: (a) the survey and legal description of the Property and all easements required by this Agreement; (b) the terms and conditions of all easements required by this Agreement; (c) the title insurance and all instruments identified in the title insurance including all liens, restrictions, easements, rights of way, and other encumbrances affecting the Property; (d) environmental assessments as referenced in this Agreement; (e) the form of the general warranty deed referenced in this Agreement; (f) any other conditions expressly referenced in this Agreement; (g) financing upon reasonable terms and conditions; and (h) all closing documents required by the title insurance company or otherwise. If Purchaser is dissatisfied with, not agreeable to, or is otherwise not provided by Fayetteville with one (1) or more of the items in this Section, Purchaser may terminate this Agreement upon providing written notice of termination. 5. Date of Possession Possession of the Property shall be delivered to Purchaser on the Closing date free of any tenancies or other third party possessory rights. 6. Title Insurance Fayetteville shall order a title commitment on the Property, as soon as practicable following the full execution of this Agreement, through a title insurance company selected by Fayetteville and acceptable to Purchaser. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), Fayetteville shall have thirty (30) days from the date of Purchaser's notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, Purchaser may terminate this Agreement or may, at its election, take title subject to any such defects. The cost of the title insurance commitment and the cost of the owner's title insurance policy shall be borne by Fayetteville and Purchaser equally. The cost of any lender's title insurance policy and extended owner's title insurance coverage shall be borne by Purchaser. 7. Deed and Other Documents On the Closing date, Fayetteville shall convey marketable and insurable title to the Property by general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement and approved by Purchaser, subject only to current real estate taxes, if any (to be apportioned between the parties) and existing easements approved by Purchaser. Purchaser and Fayetteville shall equally share the cost a reasonable closing fee imposed by the closing agent employed by parties. The expense of revenue stamps, if any, shall be equally divided between the parties. All recording fees for the deed and other documents that need to be filed shall be equally divided between the parties. All other closing costs shall be equally divided between the parties. 8. Risk of Loss Risk of loss as to the Property shall remain with Fayetteville until the Closing date. 9. Purchaser's Due Diligence Purchaser may enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate for the construction and use for its facility. If Purchaser discovers any problems that would adversely impact its development and use of the Property for its facility, Purchaser shall notify Fayetteville which is granted sixty (60) days to remediate any problem. Fayetteville may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by Purchaser. Likewise, if Fayetteville does not remediate the problem to the satisfaction of Purchaser within the time allowed by this Agreement, Purchaser may terminate this Agreement without penalty or proceed under this Agreement to accept the property without resolution of the problem. 10. Notices Notices required by this Agreement shall be in writing and shall be delivered to: Payneless, LLC ATTN: Payne Phillips 124 W. Meadow Street Fayetteville, Arkansas 72701 paynehphillips@gmail.com City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 72701 mayor@fayetteville-ar.gov 11. Authority Each of the parties represent and warrant that they are authorized to enter into this Agreement and that execution hereof will bind the entities to this Agreement. 12. Counterparts This Agreement 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. 13. Facsimile For purposes of executing this Agreement, a facsimile signature shall be as effective as an actual signature. 14. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas. 15. Survival The representations, warranties, and agreements of the parties contained herein shall survive the closing date. 16. No Waivers The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be - deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 17. Time of Essence Time is of the essence in this Agreement. 18. Invalidity If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 19. Complete Agreement All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Purchaser at closing. 20. Environmental Assessment Purchaser may perform such tests and studies as Purchaser may deem necessary or appropriate to determine the environmental condition of the Property, such tests and studies to include, without limitation, so-called "Phase I" environmental site assessments and such Additional testing, including so-called "Phase I1" environmental site assessments, as determined by Purchaser to be necessary in Purchaser's discretion. As a condition of closing pursuant to this Agreement, all tests, studies, assessments, audits and reports shall confirm the absence of any and all forms of environmental surface, subsurface, groundwater and/or other contamination and shall in all other respects acceptable to Purchaser. Fayetteville hereby represents and warrants to Purchaser that, to the best of its knowledge, the Property is not contaminated with any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and that the Property has never been used for a landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for any other industrial use. Date: PAYNELESS, LLC III By: 44L ayn Philli S WITNESS: Date: 9- b q," CITY OF FAYETTEVILLE, By: _ By: t`�A�4ER� 1 r,Qcra'4 Kara Paxton, CiClerk Treasure:FAYETTE Vt ` : a y include, without limitation, so-called "Phase I" environmental site assessments and such additional testing, including so-called "Phase II" environmental site assessments, as determined by Purchaser to be necessary in Purchaser's discretion. As a condition of closing pursuant to this Agreement, all tests, studies, assessments, audits and reports shall confirm the absence of any and all forms of environmental surface, subsurface, groundwater and/or other contamination and shall in all other respects acceptable to Purchaser. Fayetteville hereby represents and warrants to Purchaser that, to the best of its knowledge, the Property is not contaminated with any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and that the Property has never been used for a landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for any other industrial use. Date: PAYNELESS, LLC t, � wa..�r%iA AM MJ WITNESS: Date: CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor ATTEST: IM Kara Paxton, City Clerk Treasurer CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage paid this 17'" day of August, 2022, and addressed as follows: Name: City of Fayetteville (Parcel #: 765-12173-002) Street: 7 S City Lake Road City, State, Zip: Fayetteville, AR 72701 Name: University of Arkansas (Parcel #: 765-12173-001) Street: 321 Administration Building City, State, Zip: Fayetteville, AR 72701 Name: Payneless LLC (Parcel #: 765-12172-000) Street: 124 W Meadow St City, State, Zip: Fayetteville, AR 72701 Name: BCL Group LLC (Parcel #s: 765-12155-000, 765-12155-001, 765-12156-000) Street: 15345 Mastin St City, State, Zip: Overland Park, KS 66221 Chung Tan Deputy Director Economic Vitalit (Name of person completing the mailing) (Signature of 4rson co leting the mailing) City File No./Name: ADM 22 - 0042 y N 01 0 0 0 0 LO L I I u Q I N , r-I O O ri O O OO O O O O O O O O O M M N LD Ln Ln r-I H H H r-I r-I N N N N N N r-I r-I r-I r-i r-I L LA LP Ln LA LA LA N LO l0 LO l0 l0 l0 r-I r-I r-I r-I r-I r-I O O O N N N I� r" r- N N N N N N LO l0 LO I� n n l0 l0 l0 NI I I L L L m m m c c c +1 +1 � co co A > ? L C L > > > to m c ++ O LN m 3 Lin Lin L}n L o c c c a) N Y •� NN � � IA I J C C C C C C G C C i ++ Q Ln Ln Ln U N Q r� N M N H Lf1 Ln Ln ri r-I r-I 3 _ Y I L Q V U U U J J J OI COL Q LL in N O O O di O a C7 C7 C7 N•C > J J J z U a m m m Ii CITY OF FAYETTEVILLE ARKANSAS August 17, 2022 City of Fayetteville 7 S City Lake Road Fayetteville, AR 72701 Subject: Public Notice — Sale of Municipally Owned Real Property Dear Property Owner (Parcel # 765-12173-002). Please be informed that the Fayetteville City Council will consider a resolution to sell 0.25 acres of municipally owned land (Parcel # 765-12173-000) on S. Hollywood to Payneless, LLC for $80, 085. On December 7, 2021, the Fayetteville City Council adopted Resolution 304-21 with intent to sell this said property. An invitation to bid was made to the public from June 26 — July 19, 2022. The City received one (1) bid which was from Payneless, LLC. The proposed use is to offer trail oriented commercial services and/or amenities to trail users and residents living in the vicinity and city. Selling the said property to Payneless, LLC for this use supports the city's goals to promote economic vitality along our trail system. This proposed sale will be considered by the City Council during its 5:30 pm meeting on Tuesday, September 6, 2022 in Room 229 of City Hall, located at 113 W Mountain Street. If you wish, you may attend the September 6, 2022 City Council meeting and make comments when the resolution is presented to the City Council for consideration. To learn more, please feel free to contact me at (479) 575-8076 or ctan@fayetteville-ar.gov Sincerely, Chung Tan Deputy Director Economic Vitality Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Aft CITY OF FAYETTEVILLE ARKANSAS August 17, 2022 University of Arkansas 321 Administration Building Fayetteville, AR 72701 Subject: Public Notice — Sale of Municipally Owned Real Property Dear Property Owner (Parcel # 765-12173-001): Please be informed that the Fayetteville City Council will consider a resolution to sell 0.25 acres of municipally owned land (Parcel # 765-12173-000) on S. Hollywood to Payneless, LLC for $80,085. On December 7, 2021, the Fayetteville City Council adopted Resolution 304-21 with intent to sell this said property. An invitation to bid was made to the public from June 26 — July 19, 2022. The City received one (1) bid which was from Payneless, LLC. The proposed use is to offer trail oriented commercial services and/or amenities to trail users and residents living in the vicinity and city. Selling the said property to Payneless, LLC for this use supports the city's goals to promote economic vitality along our trail system. This proposed sale will be considered by the City Council during its 5:30 pm meeting on Tuesday, September 6, 2022 in Room 229 of City Hall, located at 113 W Mountain Street. If you wish, you may attend the September 6, 2022 City Council meeting and make comments when the resolution is presented to the City Council for consideration. To learn more, please feel free to contact me at (479) 575-8076 or ctan( fayettevilie-ar.gov Sincerely, Chung Tan Deputy Director Economic Vitality Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 IWA CITY OF FAYETTE VI LLE ARKANSAS August 17, 2022 Payneless LLC 124 W Meadow St Fayetteville, AR 72701 Subject: Public Notice — Sale of Municipally Owned Real Property Dear Property Owner (Parcel # 765-12172-000): Please be informed that the Fayetteville City Council will consider a resolution to sell 0.25 acres of municipally owned land (Parcel # 765-12173-000) on S. Hollywood to Payneless, LLC for $80, 085. On December 7, 2021, the Fayetteville City Council adopted Resolution 304-21 with intent to sell this said property. An invitation to bid was made to the public from June 26 — July 19, 2022. The City received one (1) bid which was from Payneless, LLC. The proposed use is to offer trail oriented commercial services and/or amenities to trail users and residents living in the vicinity and city. Selling the said property to Payneless, LLC for this use supports the city's goals to promote economic vitality along our trail system. This proposed sale will be considered by the City Council during its 5:30 pm meeting on Tuesday, September 6, 2022 in Room 229 of City Hall, located at 113 W Mountain Street. If you wish, you may attend the September 6, 2022 City Council meeting and make comments when the resolution is presented to the City Council for consideration. To learn more, please feel free to contact me at (479) 575-8076 or ctanO-favetteville-ar.gov Sincerely, Chung Tan Deputy Director Economic Vitality Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS August 17, 2022 BCL Group LLC 15345 Mastin St Overland Park, KS 66221 Subject: Public Notice — Sale of Municipally Owned Real Property Dear Property Owner (Parcels # 765-12156-000, 765-12155-001, 765-12155-000): Please be informed that the Fayetteville City Council will consider a resolution to sell 0.25 acres of municipally owned land (Parcel # 765-12173-000) on S. Hollywood to Payneless, LLC for $80, 085. On December 7, 2021, the Fayetteville City Council adopted Resolution 304-21 with intent to sell this said property. An invitation to bid was made to the public from June 26 — July 19, 2022. The City received one (1) bid which was from Payneless, LLC. The proposed use is to offer trail oriented commercial services and/or amenities to trail users and residents living in the vicinity and city. Selling the said property to Payneless, LLC for this use supports the city's goals to promote economic vitality along our trail system. This proposed sale will be considered by the City Council during its 5:30 pm meeting on Tuesday, September 6, 2022 in Room 229 of City Hall, located at 113 W Mountain Street. If you wish, you may attend the September 6, 2022 City Council meeting and make comments when the resolution is presented to the City Council for consideration. To learn more, please feel free to contact me at (479) 575-8076 or cta Qfayetteville-ar.gov Sincerely, Chung Tan Deputy Director Economic Vitality Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CERTIFICATE OF SIGN POSTING I, Devin Howland, attest that the above sign was posted on 8/17/2022 on the site located at 1010 S Hollywood Ave., N. of 1030 S Hollywood Ave. f (Signature of person completing the sign posting) -J--)ec.I ti City File No./Name: ADM 22-0024 From: Cathy Wiles To: Tan, Chuna Cc: Wynn, Granville; Ieaalads(ftwaonline.com Subject: RE: Booking ad space for this Sunday, Aug 21 Date: Tuesday, August 16, 2022 4:54:05 PM Attachments: imaae001.Dna image002.pnng imaae003.Dna Receipt ph - ADM-22-0042.12df CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Receipt attached, ad set to run 8/21 will get you the affidavit on Monday, Thanks Cathy Wiles Classified & Legal I cwiles&.nwaonline.com 479-571-6421 1 CO Northwest Arkansas Democrat -Gazette www.nwaonline.com Our community. Our paper. 212 N. East Ave. Fayetteville, AR 72701 From: Tan, Chung [mailto:ctan@fayetteville-ar.gov] Sent: Tuesday, August 16, 2022 4:43 PM To: 'Cathy Wiles' Cc: Wynn, Granville Subject: RE: Booking ad space for this Sunday, Aug 21 Thanks, Cathy. Granville — do you have a p-card that you could pay Cathy? This is for the ad to go into the NWA Democrat -Gazette in the Legal Classified section. Once paid, both Granville and I will need a copy of the receipt and affidavit. Chung From: Cathy Wiles <cwiles@nwaonline.com> Sent: Tuesday, August 16, 2022 4:47 PM To: Tan, Chung <ctan@fayetteville-ar.gov> Subject: RE: Booking ad space for this Sunday, Aug 21 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cost is 68.40 set to run on 8/21 1 will get you the affidavit on Monday. Thanks Cathy Wiles Classified & Legal I cwilesgnwaonline.com 479-571-6421 1 CIO Northwest Arkansas Democrat -Gazette www.nwaonline.com Our community. Our paper. 212 N. East Ave. Fayetteville, AR 72701 From: Tan, Chung[maiIto: ctan(0ayetteviIle-ar.gov] Sent: Tuesday, August 16, 2022 4:09 PM To: 'Cathy Wiles' Subject: FW: Booking ad space for this Sunday, Aug 21 Cathy: I got the ADM number. So, here is the ad: NOTICE OF PUBLIC HEARING A meeting of the City of Fayetteville City Council will be held on Tuesday, September 6, 2022 at 5:30 p.m., in Room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701. The following item is required to be published in the local newspaper pursuant to the Code of Ordinances of the City of Fayetteville and will be heard at the September 6, 2022 Fayetteville City Council Meeting. ADM-22-0042 : SALE OF MUNICIPALLY OWNED REAL PROPERTY Submitted by CITY STAFF for property located at 1010 S. Hollywood Ave. (Parcel # 765-12173-000). The Fayetteville City Council is considering the sale of 0.25 acres it owns (Parcel # 765-12173-000) N. of 1030 S Hollywood Ave. to Payneless LLC for $80,085. The proposed use of the property is to offer trail oriented commercial services/amenities. The possible sale will be considered by the City Council during its September 6, 2022 meeting at 113 W. Mountain Street, Room 219. Thanks, Chung Transaction jOp9x7hh Merchant Information Merchant ARKANSAS DEMOCRAT -GAZETTE Transaction Information Type Sale Amount $68.40 USD Transaction Date Aug 16 2022, 04:52 PM CDT Purchase Order Number ph - ADM-22-0042 Order ID 5182985 Approval Code 095573 Status Submitted For Settlement Payment Information Payment Type Credit Card Transaction Origin E-Commerce Card Type Visa Cardholder Name Granville Wynn Credit Card Number """"`°"2696 Customer Information BUYER/SELLER CLOSING CERTIFICATION (Commercial Purchase/Sale Transaction) File No.: 22-5642 Property Address: 1010 S. Hollywood Ave., Fayetteville, Arkansas 72701 The undersigned, in connection with the purchase/sale of the property(ies) described on Exhibit "A" attached hereto (the "Property") hereby states and agrees as follows: PROPERTY TAX PRORATIONS City Title & Closing LLC ("Closing Agent") has prorated the property taxes for the current year from January 1 of the current year through the date of closing based on the current figures made available by the applicable County Assessor/Collector, and the buyer(s) of the Property have been given a credit for such amount. The undersigned acknowledge and agree that Closing Agent is relying on the tax data made available by the applicable County Assessor/Collector and that such amounts may be changed at any time from the closing date forward. Closing Agent shall not be responsible or liable in any way for any discrepancies in tax amounts provided by the applicable County Assessor/Collector or any adjustments to tax amounts subsequent to the date of closing. If this closing is occurring between January 1 and April 1, it is understood and agreed that tax amounts collected by Closing Agent to pay the prior year's taxes is an estimate only. In the event that, when tax bills are posted by the applicable County Assessor/Collector, the actual tax amount for the prior year is more than collected at this closing, the seller agrees to pay such difference to Closing Agent upon request. If an escrow for tax and/or insurance payments has been required by a lender, Closing Agent has made the necessary entries on the settlement statement as instructed by such lender. The reserves and monthly payments for any such escrow have been provided to Closing Agent by the lender requiring same and were not calculated by Closing Agent. It is the responsibility of the undersigned, not Closing Agent, to contact the County Taxing Authority for the purpose of applying for and receiving any credits for which a property owner may be entitled. It will also be the responsibility of the undersigned, not Closing Agent, to provide lenders with any information necessary to change or update any escrow payment amounts being made to such lender. PROPERTY OWNERS ASSOCIATION ASSESSMENTS The undersigned acknowledge that Closing Agent has attempted to obtain the current Property Owners Association Assessments ("POA Dues") from the applicable Property Owners Association ("POA"), if applicable. The amount of the POA Dues collected and/or prorated is based on the information provided by such POA, seller or information obtained by Closing Agent from a prior closing for the same POA. In the event Closing Agent was unable to obtain a response from the POA representative prior to closing, the undersigned acknowledge that Closing Agent has not been able to determine whether an active POA exists or if any POA Dues, current or past, have been assessed against the Property. The undersigned agree to indemnify and hold Closing Agent harmless from and against any claims or demands from any individual or entity for the payment of any outstanding POA Dues. It is the responsibility of the undersigned, not Closing Agent, to settle any discrepancies resulting from any inaccurate POA information provided Page 1 of 4 to Closing Agent or information related to POA Dues being unavailable to Closing Agent as of the time of closing. TITLE INSURANCE COMMITMENT The undersigned hereby affirm a copy of the commitment for title insurance prepared by Closing Agent in connection with this closing (the "Commitment') has been received and the undersigned and is aware of the matters contained therein. It is the responsibility of the parties to this transaction, not Closing Agent, review the Commitment and satisfy themselves with the contents thereof in connection with this transaction. SURVEY -WAIVER The undersigned acknowledge and agree that unless a new ALTA/NSPS certified Survey approved by Closing Agent was provided to Closing Agent prior to closing, no coverage or protection will be provided on any title insurance policy with respect to matters that would be disclosed on an accurate ALTA/NSPS certified Survey of the Property. It is the responsibility of the undersigned to request such coverages, including but not limited to survey matters, directly from Closing Agent prior to the closing. In the event survey coverage is requested, it is further the responsibility of the undersigned to provide Closing Agent a new ALTA/NSPS certified Survey conforming to the criteria and requirements as determined by Closing Agent's underwriting guidelines. Closing Agent shall not be responsible or liable for any inaccuracies or errors in any survey provided in connection with closing or this transaction. DUE DILIGENCE ITEMS Other than the Commitment any other reports prepared by Closing Agent in connection with the closing, Closing Agent has not ordered, prepared or provided and was not responsible for ordering, preparing or providing any due diligence materials related to the Property or this transaction, including but not limited to, surveys, environmental reports, leases, rent rolls, permits, plans, or specifications. Closing Agent shall not be liable in any way for the results or contents of any due diligence items or the accuracy or inaccuracy of same. It is the responsibility of the parties to this transaction, not Closing Agent, to order, review and satisfy themselves with any diligence items and the contents thereof in connection with this transaction. The undersigned are not relying on Closing Agent in way for the review of any due diligence items. ENTITY AUTHORIZATION If a party to this transaction is an entity, or is not otherwise a natural person, the undersigned represent and warrant that the natural person signing closing documents on behalf of such entity has all required authority and approvals to bind the entity to all agreements being executed. In the event it is determined the natural person(s) executing this agreement does not possess all required authority and approvals to bind the entity on behalf of which such natural person is signing, the natural person(s) executing this agreement hereby agrees to be personally liable for all such agreements executed by such natural person(s) on behalf of the entity for which they were not so authorized. REVIEW OF CLOSING DOCUMENTS The undersigned acknowledge and agree that all closing documents provided by Closing Agent related to this transaction, including but not limited to the Commitment and the final settlement statement, have been reviewed and approved by the undersigned prior to execution and that the undersigned understand the content of all such closing documents. Further, the undersigned affirm that they have had adequate opportunity to consult legal and any other professional advice desired by the undersigned in connection with such closing documents. ERRORS AND OMISSIONS The undersigned acknowledge and agree to cooperate to re -execute any documents, initial any changes, or pay any additional amounts and/or fees which may result from clerical errors or omissions, including but not limited to misspellings, incorrect names, incorrect addresses, incorrect legal descriptions, miscalculations, incorrect tax estimates or amounts collected or due, which were made by Closing Agent in good faith and further agree to respond to any such request made by Closing Agent, a lender or other party involved, in a timely manner and consistent with such request. The undersigned further agree to indemnify, defend and hold Closing Agent harmless from any and all damage or liability resulting from the inaccuracy of any matter set forth herein. EXECUTED AND DELIVERED THIS 23RD DAY OF SEPTEMBER, 2022. Payneless LLC The City offayetteville, Arkansas Um9 m6�`n FAY E7 EV(LLE ®� File No.: 22-5642 EXHIBIT "A" A part of the Northeast Quarter (NE '/) of the Northwest Quarter (NW '/) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE `/o of the NW '/4 said point being an existing stone; thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found ''/2" rebar on the East right of way line of Hollywood Avenue; thence North 02 degrees 31 minute 55 seconds East along said East right of way 250.01 feet to a found %:" rebar and the POINT OF BEGINNING; thence continuing North 02 degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebar with cap COF #1514; thence leaving said East right of way line South 87 degrees 26 minutes 43 seconds East 157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds West 70.24 feet to a found iron pin with cap #1005; thence North 86 degrees 56 minutes 34 seconds West 157.06 feet to the POINT OF BEGINNING, containing 0.251 acres, more or less. DISCLOSURE OF CLOSING AND SETTLEMENT RISK WAIVER (Pursuant to Public Act 684) File No. 22-5642 Date: September 23, 2022 Issued By: City Title & Closing LLC, agent for Fidelity National Title Insurance Company To Buyer(s)/Borrower(s): Payneless LLC Purchasing Property Identified As: Address: 1010 S. Hollywood Ave. Fayetteville, AR 72701 Legal Description: Westwood Addition, Block Pt 7, containing 0.25 acres, Fayetteville, Washington County, AR Pursuant to the requirements of Public Act 684 and Rule 87, notice is hereby given that closing protection letter coverage is available to you for your protection by the Company as part of the above proposed transaction. _ NO CLOSING PROTECTION LETTER IS REQUESTED, The Company is not providing any protection to you for closing or settlement funds received by it, or its policy issuing agency or agent. V YES, CLOSING PROTECTION LETTER IS REQUESTED. The Company will provide you with protection for closing or settlement funds received by it, or its policy issuing agency or agent at a cost of $25.00 per letter, as set forth by statute, Waiver This is to certify that the foregoing election of a closing protection letter has been offered to me, and that I understand that the title insurer may or may not provide any protection to me for closing and settlement funds received by it, or its policy issuing agency or agent upon the selection made by me. Payneless LLC By: P ne P) d llips, Mar ger DISCLOSURE OF CLOSING AND SETTLEMENT RISK WAIVER (Pursuant to Public Act 684) File No. 22-5642 Date: September 23, 2022 Issued By: City Title & Closing LLC, agent for Fidelity National Title Insurance Company To Seller(s): City of Fayetteville Selling Property Identified As: Address: 1010 S. Hollywood Ave. Fayetteville, AR 72701 Legal Description: Westwood Addition, Block Pt 7, containing 0.25 acres, Fayetteville, Washington County, AR Pursuant to the requirements of Public Act 684 and Rule 87, notice is hereby given that closing protection letter coverage is available to you for your protection by the Company as part of the above proposed transaction. _ NO CLOSING PROTECTION LETTER IS REQUESTED. The Company is not providing any protection to you for closing or settlement funds received by it, or its policy issuing agency or agent. YES, CLOSING PROTECTION LETTER IS REQUESTED. The Company will provide you with protection for closing or settlement funds received by it, or its policy issuing agency or agent at a cost of $25.00 per letter, as set forth by statute, Waiver This is to certify that the foregoing election of a closing protection letter has been offered to me, and that I understand that the title insurer may or may not provide any protection to me for closing and settlement funds received by it, or its policy issuing agency or agent upon the selection made by me. The City of Fayetteville, Arkansas By: Attest: rG Ir', &, r atytitle OWNER DISCLOSURE AND AGREEMENT File No.: 22-5642 At the request of the undersigned ("Owner") City Title & Closing LLC ("Closing Agent") has conducted a search of the public records regarding the real property described on Exhibit "A" attached hereto (the "Property") and has issued one or more title insurance commitments for a policy or policies of title insurance (the "Title Commitment"), a copy of which has been provided to and reviewed by Owner. Despite such search of the public records, Owner acknowledges that neither Closing Agent nor Closing Agent's title insurer can or will insure against actions taken by Owner and/or anything affecting title to, possession of, or encumbrances against the Property known by Owner or a related party that are unknown by Closing Agent and not disclosed to the Closing Agent in writing prior to the closing of the transaction for which the Title Commitment was prepared. Consequently, as a material inducement to and as consideration for Closing Agent closing this transaction and issuing a policy or policies of title insurance in connection therewith, after having reviewed the entirety of this agreement, Owner affirms, agrees, covenants, represents and warrants as follows: 1. Street Address. The street address of the Property is: 1010 S. Hollywood Ave., Fayetteville, Arkansas72701. 2. No Litigation. There is no litigation pending or threatened in any court to which Owner or the Property is a party or otherwise involved that could affect title to the Property except as identified in the Title Commitment. 3. Construction and Improvements. Within the last 120 days, no labor, construction, building or other work has been performed at the Property and no materials of any kind have been delivered to or stored at the Property which would in any way cause a reasonable person to believe construction or work has commenced or is underway at the Property. Regardless of when performed, all fees, invoices, costs and other charges related to any labor, construction, building or other work performed at the Property or materials provided to or used at the Property have been satisfied and paid in full and no outstanding balance is owed to any contractor, laborer or material supplier, whether disputed or undisputed. Additionally, no notice has been received by Owner indicating the intent of any lien to be claimed or tiled related to the Property and Owner has no knowledge of any such intent, whether or not a notice has been received. 4. Undisclosed/Unrecorded Contracts and Encumbrances. There are no recorded or unrecorded mortgages, deeds of trust, contracts for sale, contracts for deed, options to purchase, rights of first refusal, liens, leases, easements, rights of way, agreements or other instruments or encumbrance against or affecting the Property, other than those identified in the Title Commitment and being satisfied at closing as reflected on the final settlement statement that could affect title to or use of the Property that have not been disclosed in writing to Closing Agent prior to the closing. 5. Possession of the Property. Owner is the current owner of the Property and Owner's title to the Property has never been disputed. Other than Owner and tenants under leases disclosed to Closing Agent prior to the date hereof, no parties are in possession of the Property or any part thereof, and Owner has no notice of or reason to believe there exists any adverse claim to the Property or that another person or entity may have or claim any interest in or a right to the Property or the use thereof. 6. Judgments and Liens. Other than those identified in the Title Commitment and being satisfied at closing as reflected on the final settlement statement, (i) no judgment which remains unsatisfied has been entered or recorded in any court against Owner or the Property; and (ii) no lien exists against Owner or the Property, including by not limited to any lien related to unpaid taxes of any kind. 7. No Liens on Fixtures. There are no outstanding fixture filings, chattel mortgages, security agreements, financing statements, conditional sale agreements, personal property leasing or UCC filings affecting or encumbering any materials, fixtures, equipment, appliances, furnishings or other personal property located at or installed in/on the Property that are being sold, conveyed and/or pledged as collateral in connection with this transaction, other than those identified in the Title Commitment and being satisfied at closing as reflected on the final settlement statement. 8. Taxes and Assessments. Except as being satisfied at closing and reflected on the final settlement statement, (i) there are no unpaid or delinquent real estate taxes, improvement district assessments, or other public or private benefit assessments against the Property; and (ii) there are no unpaid or delinquent water, sewer or other utility service charges against the Property. Further, Owner has not received notice of and has no actual knowledge of any recent or future planned improvements (including but not limited to, street or alley paving, sidewalks, street lighting, surface drainage, etc.) that will or could result in a special assessment against the Property. 9. Home/Property Owner's Association Dues. Except as being satisfied at closing and reflected on the final settlement statement, all property owner's association and/or condominium dues and assessments have been paid in full and there are no delinquent property owner's association and/or condominium dues or assessments against the Property. 10. Bankruptcy. No proceedings in bankruptcy or receivership have been instituted by or against Owner in any court within the past seven (7) years and Owner has not made an assignment for the benefit of creditors. 11. No Known Violations. Omer has no actual knowledge of and has received no notice of any violations by Owner or any prior owner of the Property of (i) any covenants, conditions or restrictions; (ii) any zoning law or ordinance; or (iii) any State or local subdivision laws or ordinances. 12. Not a Foreign Person. Owner has been issued a United States Taxpayer Identification Number and is not a "foreign person" but rather is a "United States person" as set forth in Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended (the "Code"). Owner, if selling the Property, certifies the taxpayer identification number provided to Closing Agent on the substitute 1099s being executed in conjunction with this closing is true and correct. Owner is making the foregoing statements for the purpose of releasing a purchase of the Property and Closing Agent from any withholding obligation or other liability which may otherwise be imposed under Section 1445(a) of the Code. 13. Access. The Property has legal and direct access to and from a public street and such access has never been disputed or limited in any way. 14. No Encroachments; Boundary Line Disputes. To Owner's knowledge and except as may be disclosed on an accurate survey provided to Closing Agent prior to closing, all improvements located on the Property, including without limitation, fences, walls, overhangs, buildings, drives and other structures, are located completely within the boundary of the Property as described in the Title Commitment and do not encroach onto any adjoining properties or into any easement area. Further, Owner has no knowledge of any discrepancies or disputes with respect to the boundary lines of the Property as described in the Title Commitment. 15. Marital Interests. Owner is not aware of any rights to homestead, dower or curtesy in favor of any person that are not being waived or released in connection with this transaction. 16. Indemnification. Owner acknowledges and agrees this Owner Disclosure and Agreement is made to induce Closing Agent and Fidelity National Title Insurance Company to issue an owner's policy and/or loan policy on the Property without exception to any adverse matters that would be disclosed by this affidavit. Owner further agrees to indemnify, defend and hold Fidelity National Title Insurance Company and Closing Agent harmless from and against any and all claims, loss, costs, damage and expense, including attorneys' fees and court costs, which Fidelity National Title Insurance Company and/or Closing Agent may sustain or become liable for under a policy or policies of title insurance issued or to be issued as a result of the reliance on this Owner Disclosure and Agreement made herein. I I EXECUTED AND DELIVERED this " dayof 4-41 20;2�. The City of Fayetteville, Arkansas I I Pfpj, Dy; Z -. LVW-0-41' 6 /ioleld Jorda4,NjAyor n 11 111 Z� Attest:&—Z�k�A&d FAY E rEVi L IL E' �0 00, SUBSCRIBED AND SWORN to before me this os-1day ofj; leknOlel I/ My commission expires: //-17 - - Notary Plic "0 ro File No.: 22-5642 EXHIBIT "A" A part of the Northeast Quarter (NE'/) of the Northwest Quarter (NW '/) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE '/ of the NW '/ said point being an existing stone; thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found %n" rebar on the East right of way line of Hollywood Avenue; thence North 02 degrees 31 minute 55 seconds East along said East right of way 250.01 feet to a found '/2" rebar and the POINT OF BEGINNING; thence continuing North 02 degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebar with cap COF #1514; thence leaving said East right of way line South 87 degrees 26 minutes 43 seconds East 157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds West 70.24 feet to a found iron pin with cap #1005; thence North 86 degrees 56 minutes 34 seconds West 157.06 feet to the POINT OF BEGINNING, containing 0.251 acres, more or less. Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 9/23/2022 12:18:18 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File# 2022-00031633 Prepared under the supervision of: Josh Hite, Attorney 5431 W. Pinnacle Pointe Dr., Suite 105 Rogers, AR 72756 WARRANTY DEED File # 22-5642 KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, a municipal corporation organized under and by virtue of the laws of the State of Arkansas, hereinafter called Grantor, for and in consideration of the sum of One and No/100 ----- Dollars --- ($1.00) and other good and valuable consideration in hand paid by Payneless LLC, an Arkansas limited liability company, hereinafter called Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto said Grantee and unto its successors and assigns forever, the following described land, situated and being in the County of Washington, State of Arkansas, to -wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto said Grantee and unto its successors and assigns forever with all appurtenances thereunto belonging. And the Grantor hereby covenants with said Grantee it will forever warrant and defend the title to the said lands against all claims whatsoever. Sig`zature page to follow File Number: 2022-00031633 Page 1 of 4 IN TESTIMONY WHEREOF, the name of the Grantor is hereunto affixed by its undersigned officer(s) and its seal affixed this ;� l day of ems. , 2022. The City of, Fayetteville, Arkansas By; . I ioneld Joy V Attest: Kim Johns n, ACKNOWLEDGMENT STATE OF ARKANSAS SS COUNTY OF WASHINGTON City Clerk -Treasurer On this day before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Lioneld Jordan and Kim Johnson to me personally known (or satisfactorily proven), who stated that they are the Mayor and Deputy City Clerk -Treasurer, of the City of Fayetteville, an Arkansas municipal corporation, and are duly authorized in their capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they have so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. In Testimony Whereof, I have hereunto set my hand and official seal this P day of je,91e,,,1,,,f , 2022 Notary Public My Commission Expires: !7 2 File Number: 2022-00031633 Page 2 of 4 EXHIBIT "A" A part of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7) and a part of Block Numbered Four (4) in the Re -Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said NE 1/4 of the NW 1/4 said point being an existing stone; thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found 1/2" rebar on the East right of way line of Hollywood Avenue; thence North 02 degrees 31 minute 55 seconds East along said East right of way 250.01 feet to a found 1/a" rebar and the POINT OF BEGINNING; thence continuing North 02 degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebar with cap COF #1514; thence leaving said East right of way line South 87 degrees 26 minutes 43 seconds East 157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds West 70.24 feet to a found iron pin with cap #1005; thence North 86 degrees 56 minutes 34 seconds West 157.06 feet to the POINT OF BEGINNING, containing 0.251 acres, more or less. Subject to easements, right-of-ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. File Number: 2022-00031633 Page 3 of 4 O-LOG 4N92e40"S tylE sPAT Grantee: Mailing Address: Grantor: Mailing Address: STATE OF ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION MISCELLANEOUS TAX SECTION P.O. SOX 896, LITTLE ROCK, AR 72203-0896 PAYNELESS LLC 124 W. MEADOW ST. FAYETTEVILLE AR 727010000 CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE AR 727010000 File Number: 22-5642 Washington County, AR I certify this instrument was filed on 9/23/2022 12:18:18 PM Property Purchase Price: $80,085.00 and recorded in REAL ESTATE Tax Amount: $0_00 File# 2022-00031633 KvlP_ Svlvp--tpr — Cirruit C:IP_rk County: WASHINGTON �� c Date Issued: 09/23/2022 Affidavit ID: 644110336 The grantee/grantor claims the following exemption to the Real Estate Transfer Tax: A transfer to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the United States or the State of Arkansas. I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrumeQ Grantee or Agent Name (printed): Grantee or Agent Name (signature): o s i n � - Date: 2 rr „ Address: 479-935-4177 City/State/Zip: File Number: 2022-00031633 Page 4 of 4 A. Settlement Statement U.S. Department of Housing and Urban Development OMB No. 2502-0265 B. Type of Loan 1. ❑ FHA 2. ❑ FmHA 3. ❑ Conv Unins 6. File Number 7. Loan Number 8. Mortgage Ins Case Number 4. ❑ VA 5. ❑ Conv Ins. 6. ❑ Seller Finance 22-5642 7. ❑ Cash Sale. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower E. Name & Address of Seller F. Name & Address of Lender Payneless LLC City of Fayetteville 124 W. Meadow St. 113 W. Mountain St Fayetteville, AR 72701 Fayetteville, AR 72701 G. Property Location H. Settlement Agent Name City'ritle & Closing LLC Westwood Addition, Block Pt 7, containing 0.25 acres, Fayetteville, 5431 Pinnacle Pointe Dr., Ste. 105 Washington County, AR Rogers, AR 72758 Tax ID: 45-1556467 1010 S. Hollywood Ave. Underwritten By: Fidelity Fayetteville, AR 72701 Place of Settlement I. Settlement Date City Title & Closing LLC 9/23/2022 5431 Pinnacle Pointe Dr., Ste. 105 Fund: Rogers, AR 72758 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 101. Contract Sales Price $80,085.00 401. Contract Sales Price S80,085.00 102. Personal Property 402. Personal Property 103. Settlement Charges to borrower $870.42 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. Special Improvement taxes 406, Special hmprovement taxes 107. County property taxes 407. County property taxes 108. Assessment Taxes 408. Assessment Taxes 109. School property taxes 409. School property taxes 110. HOA/POA Dues 410. HOA/POA Dues I 1 1. Rental prorations 411. Rental prorations 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120. Gross Amount Due From Borrower S80,955.42 420. Gross Amount Due to Seller S80,085.00 200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions in Amount Due to Seller 201. Deposit or earnest money 501. Excess Deposit 202. Principal amount of new loan(s) 502. Settlement Charges to Seller (line 1400) $935.43 203. Existing loan(s) taken subject to 503. Existing Loan(s) Taken Subject to 204. Loan Amount 2nd Lien 504. Payoff of first mortgage loan to 205. 505. Payoff of second mortgage loan to 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Special Improvement taxes 510. Special Improvement taxes 211. County property taxes 511. County property taxes 212. Assessment Taxes 512. Assessment Taxes 213. School property taxes 513. School property taxes 214. HOA/POA Dues 514. HOA/POA Dues 215. Rental prorations 515. Rental prorations 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower S0.00 520. Total Reduction Amount Due Seller S935.43 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower (line 120) S80,955.42 601. Gross Amount due to seller (line 420) $80,085.00 302. Less amounts paid by/for borrower (line 220) S0.00 602. Less reductions in amt. due seller (line 520) $935.43 303. Cash From Borrower S80,955.42 603. Cash To Seller S79,149.57 Section 5 of the Real Estate Settlement Procedures Act (RESPA) requires the Section 4(a) of RESPA mandates that HUD develop and prescribe this standard following: . HUD must develop a Special Information Booklet to help persons form to be used at the time of loan settlement to provide full disclosure of all charges borrowing money to finance the purchase of residential real estate to better imposed upon the borrower and seller. These are third party disclosures that are understand the nature and costs of real estate settlement services; designed to provide the borrower with pertinent information during the settlement Each lender must provide the booklet to all applicants from whom it receives or for process in order to be a better shopper. whom it prepares a written application to borrow money to finance the purchase of The Public Reporting Burden for this collection of information is estimated to residential real estate; • Lenders must prepare and distribute with the Booklet a average one hour per response, including the time for reviewing instructions Good Faith Estimate of the settlement costs that the borrower is likely to incur in searching existing data sources, gathering and maintaining the data needed, and connection with the settlement. These disclosures are mandatory. completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information requested does not lend itself to confidentiality. Previous Editions are Obsolete Page I form HUD-1 (3/86) Handbook 4305.2 File No. 22-5642 Charges 700. Total Sales/Broker's Commission based on price 580,085.00 '7 % = 50.00 Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission (line 700) as follows: 701. to 702. to 703. Commission Paid at Settlement $0.00 50.00 800. Items Payable in Connection with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application to 80T Assumption Fee to 900. Items Required by Lender To Be Paid in Advance 901. Interest from 9/23/2022 to 10/1/2022 @ SO/day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 1000. Reserves Deposited With Lender 1001. Hazard insurance months @ per month 1002. Mortgage insurance months @ per month 1003. Special Improvement Taxes months a per month 1004. County property taxes months @ per month 1005. Assessment Taxes months @ per month 1006. School property taxes months @ per month 1007. HOA/POA Dues months @ per month 1008. Rental Prorations months @ per month 1011. Aggregate Adjustment 1100. Title Charges 1101. Closing Fee to City Title & Closing LLC - Closing Fees 5500.00 5500.00 1102. Title Services Fee to City 'ritle & Closing LLC - Title Services 5200.00 $200.00 1103. FedEx/Wire to FedEx 1104. CPL to City Title & Closing LLC - Closing Fees 1105. Document preparation to Hite Law Firm, PLLC 565.00 1106. Notary fees to 1107. Attorney's fees to (includes above items numbers: ) 1108. Title insurance to City Title & Closing LLC - Title Premiums $155.92 5155.93 (includes above items numbers: ) 1109. Lender's coverage 50.00/50.00 . 1 1 10. Owner's coverage 580,085.00/$0.00 1200. Government Recording and Transfer Charges 1201. Recording Fees Deed S25.00 ;Mortgage ; Re] to Circuit Clerk Transfer $12.50 $12.50 1202. City/County Transfer Deed ; Mortgage to Fees 1203. State Transfer Fees Deed ; Mortgage to Department of Finance & Administration 1204. Tax certificates to 1205. E- File Does to EPN 52.00 52.00 1300. Additional Settlement Charges 1301. Survey to 1302. Pest Inspection/Termite to 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) 5870.42 $935.43 I have carefully reviewed the HUD -I Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by mein this transaction. I further certify that I have received a completed copy of pages 1, 2 and 3 of this HUD-1 Settlement Statement. Payneless LL By: P ne P illips, Ma ger SETTLEMENT AGENT CERTIFICATION The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused the funds to be disbursed in accordance with t ' tement. �— __ 57 L,97 Settlement enter— Date Warning: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. Previous Editions are Obsolete The City of Page 2 i•�li .cal �� '; ■r�+nyna��st�l!!I. ��1911fPttf®� .n+ FAYE7 E'VILi E ®�