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HomeMy WebLinkAbout256-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 256-22 File Number: 2022-0919 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building proposals for the southern anchor building on the Civic Plaza; and WHEREAS, Reindl Properties, Inc., which submitted the only proposal, was chosen by the City's selection committee for the project; and WHEREAS, a contractual Letter of Intent providing an initial framework for a final land sale and development agreement has been negotiated by staff and the proposer with terms including purchase of the property based on a fair market appraisal, proposed uses of the building, architectural design features, parking strategies, public art opportunities, and the inclusion of public restrooms and event storage space for the Civic Plaza and Razorback Greenway; and WHEREAS, the Letter of Intent also specifies that the final development agreement will include a termination and buy back clause requiring Reindl Properties to start construction on the new building within 12 months of substantial completion of the Civic Space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 1112122 Resolution: 256-22 File Number: 2022-0919 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the contractual Letter of Intent with Reindl Properties, Inc., a copy of which is attached to this Resolution, to proceed with the negotiation of a final land sale and development agreement for the construction of a mixed -use building as the southern anchor of the Ramble Civic Plaza. PASSED and APPROVED on 11/1/2022 ApproNr d: Attest: FAYETTEVItL' =`r�• q Lioneld Jordan, 6ylr Kara Paxton, City Clerk Treasurer ,,r,� err►► ���`6:,... Page 2 Printed on 11/2122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0919 Agenda Date: 11/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: B.2 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building proposals for the southern anchor building on the Civic Plaza; and WHEREAS, Reindl Properties, Inc., which submitted the only proposal, was chosen by the City's selection committee for the project; and WHEREAS, a contractual Letter of Intent providing an initial framework for a final land sale and development agreement has been negotiated by staff and the proposer with terms including purchase of the property based on a fair market appraisal, proposed uses of the building, architectural design features, parking strategies, public art opportunities, and the inclusion of public restrooms and event storage space for the Civic Plaza and Razorback Greenway; and WHEREAS, the Letter of Intent also specifies that the final development agreement will include a termination and buy back clause requiring Reindl Properties to start construction on the new building within 12 months of substantial completion of the Civic Space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the contractual Letter of Intent with Reindl Properties, Inc., a copy of which is attached to this Resolution, to proceed with the negotiation of a final land sale and development agreement for the construction of a mixed -use building as the southern anchor of the Ramble Civic Plaza. City of Fayetteville, Arkansas Page 1 Printed on 111212022 Wade Abernathy City of Fayetteville Staff Review Form 2022-0919 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: 9/26/2022 Approve a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed -use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. Account Number Project Number Budgeted Item? Does item have a cost? Budget Adjustment Attached? Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond Construction Projects DATE: September 25, 2022 SUBJECT: Resolution authorizing Mayor Jordan to sign a letter of intent with Reindl Properties for the construction of a mixed -use building on the Ramble/Cultural Arts Corridor Civic Plaza RECOMMENDATION: Staff recommends adopting a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed -use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. BACKGROUND: Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a series of public design charettes. The design chosen by participants who engaged in the process consists of a gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within the ground floor. A Request for Proposals (RFP) process solicited competitive development proposals for a public private partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an approximately 14,300 square foot building footprint with a height limit of seven stories and three primary facades. Additionally, the city requested that the building be constructed of high -quality and lasting materials that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District. The RFP, issued in August 2021, was advertised on several platforms, including on the CoStar website which provides market -leading research on commercial real estate properties in nearly all markets and sub -markets. The RFP was downloaded by over 100 interested parties. A non - Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 mandatory pre -proposal conference held in September, 2021 was attended by over 30 participants. Additional Background: Key to the design and planning of the overall spaces are the public private partnerships that can help activate the space and provide a mixed use, sales tax generating, downtown development project to complement the city's investment in The Ramble. Partners are both private developers and philanthropic support efforts. Initial design for this transformative project was made possible by a 2017 grant from the Walton Family Foundation's Design Excellence Program. Award -winning landscape architects Nelson Byrd Woltz (NBW) were selected to design the corridor with the primary goals of: • Increasing public access and strengthening the surrounding neighborhood, • Leveraging the connected trail network, • Demonstrating a commitment to sustainability, and • Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new ways. There are five primary elements included in plans for the Cultural Arts Corridor bond project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woods, The Razorback Greenway, and a new parking deck one block north of the corner of West Ave. and Dickson Street. In April 2019, citizens of Fayetteville voted to authorize a $31,685,000 bond for construction of the Cultural Arts Corridor Improvements. Arts Corridor improvements to the Fay Jones Woods, the southern portion of the Razorback Regional Greenway, and the southern portion West Ave. began in September 2020 with construction completed in September, 2022. Construction of the new parking deck began in January 2022 with completion planned in early 2023. In June 2021, after a 5-month public renaming process, the City announced The Ramble as the new name for the Cultural Arts Corridor. DISCUSSION: On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high -quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Their team includes: • Brian Reindl — Developer and owner of the adjacent Metro Building along with several other properties in and around downtown Fayetteville. • Rob Sharp — Architect and designer of several Fayetteville projects including: Three Sisters Building, Mill District, The Dickson Building and most recently the Network Building, which was designed to be the first net zero mixed -use building in Fayetteville. • Windsor Aughtry — Hotel developer with over 25 years of experience developing urban hotel projects in the Southeastern US. They are currently working in the Northwest Arkansas market. In addition to assisting with the development project, they will assist in selecting a management company that will operate the hotel and ensure its active uses are in coordination with the city's active plaza uses. • CR Crawford — General Contractor headquartered in Fayetteville, with experience building multiple urban infill projects. The Selection Committee chose the proposal from Reindl Properties and staff began to negotiate a public private partnership agreement for the construction of the building, resulting in the attached Letter of Intent (LOI) to provide an initial framework for that agreement. Terms in the LOI will guide final development and land sale agreements to be brought back to the City Council at a later date for final approval. The LOI specifies that the final development agreement will have a termination and buy back clause requiring Reindl properties to start construction on the new building within 12 months of the completion of the Civic Space. Also, within four weeks of approval of the LOI, Reindl Properties will take additional community input on the ways in which the proposed building will interact with the plaza and civic space. As indicated in the LOI renderings, the proposed mixed -use building will be substantial and striking. The building's proposed uses will increase the liveliness of the adjacent Civic Plaza and attract visitors to the downtown. Hotel guests will eat, shop and recreate in the area, providing benefit to many existing local businesses. Initial analysis shows that the project would provide approximately $350,000 per year in sales and HMR taxes to the City plus another $85,000 per year in property tax to the City of Fayetteville for the general fund, library and fire and police departments. The construction impact of this $50 million construction project will approximately yield another $175,000 in sales tax revenue. If the Council approves this resolution, it will allow the following steps to occur: • City staff and design consultants with Nelson Byrd Woltz will work with Reindl Properties to finalize the building footprint in relationship to the trail relocation and relative to the final design of the Civic Plaza. • Staff will work with Reindl Properties to secure a third party, independent appraisal for the land values. • Major terms and conditions for a proposed Contract for the final agreement will be provided in a resolution of intent for the City Council. • Council will review and approve the PZD. • Staff will request approval of an Ordinance authorizing the real estate contract which will also include the final development agreement. BUDGET/STAFF IMPACT: As discussed, the value of the land sale to Reindl Properties shall be based on appraised market value. The value of land will be used to offset the cost of construction of public restrooms and Civic Plaza storage space within the ground floor of the mixed use building, thereby eliminating this capital expenditure from the City of Fayetteville's cost to construct the adjacent Civic Plaza. Any land sale proceeds not applied to these items will be appropriated to the Civic Plaza project. Attachments: Letter of Intent RFP Response from Reindl Properties Final Civic Plaza Schematic Design from 2019 4 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street. The basic terms of the agreement would be as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. The Building may include other uses as necessary to meet the financial goals of the project. The following Use Units will be allowed, subject to City's approval: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. C. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. D. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. Page 1 of 13 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor - outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, cafe, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City . S. Benefit to Local Merchants and Downtown Business Owners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to city's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Page 2 of 13 Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loadine and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 9. Land Purchase: A. Reindl will purchase land for the Building from City in the approximate location as reflected on Exhibit G. The exact legal description of the land to be conveyed shall be determined by a survey. B. The purchase price for the land shall be the fair market value for the property as determined by a third -party real estate appraiser to be selected by both parties. C. Costs of the appraisal, surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the property to occur after Reindl obtains a Building Permit from City in accordance with the terms and intent of this Letter of Intent. E. Reindl shall convey property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of Page 3 of 13 perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use value. F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. B. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms, and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. B. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms and storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City. The cost of these items shall be deducted from the Purchase Price at Closing of the real estate transaction. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. Page 4 of 13 G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12. Adiacent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. 13. Opportunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July Vt 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any Page 5 of 13 improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for construction or construction estimates for the City Restrooms and storage space. CITY OF FAEVILLE BY: el Jordon, y Attest: r, City of Fayetteville City Clerk Treat'[ ne(- REINDL PROPERTIES, INC. By Brian Reindl, President, Reindl Properties, Inc. 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II I I LI YY ■■, EMI I � ♦•t� uI loul I 1 YI 11 1� ' 4 son MIN qp' I oilYhP[m rim nrn 0v, r ,( — t�-i EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS 1 1 Lk - VIEW FROM NORTH EAST�,ST BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE DIVIDED LIGHT WINDOW RED BRICK VENEE PAINTED FIBER CEMEN ENAMEL -PAINTED STEEL STRUCTURE VIEW FROM NORTHWEST PAINTED FIBER CEMENT INDUSTRIAL STYLE, DIVIDED LIGHT WINDOWS RED BRICK VENEER GREY BRICK VENEER ROOF TERRACE I�I 1�1 �i !14, V.- PRE -FINISHED METAL PANEL SYSTEM Y BRICK VENEER ROOF TERRACE Uj CHARCOAL COLORED IRON SPOT BRICK VENEER M if-GRE I� I�_ ALUMINUM FRAMED WINDOWS SIMULATED WOOD SLAT STEEL BAR GRATE CH ARCOAL COLORED IRON SPOT BRICK VENEER A UMIN UM FRAMED WINDOWS STEEL BAR GRATE Page 8 of 13 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CHARCOAL COLORED IRON SPOT BRICK VENEER STEEL BAR GRATE ALUMINUM FRAMED WINDOWS PRE -FINISHED METAL PANEL SYSTEM PRE�FINISH ED COVERED DR, P-r. FF VIEW FROM SOUTHEAST SIMULATED WOOD SLAT ALUMINUM FRAMED WINDOWS CHARCOAL COLORED IRON - SPOT BRICK VENEER SIMULATED_ WOOD SLAT PRE -FINISHED METAL PANEL SYSTEM Aw VIEW FROM SOUTHWEST INC' ilij COVERED DROP.OFF- IS BRICK CORBELL AT PARAPE BELOW BE STORY w.NILOW INDUSTRIAL STYLE DIVIDED LIGHT WINDOWS RED BRICK VENEER PAINTED FIBER CEMENT BRICK CORBELLING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE DIVIDED LIGHT WINDOWS RED BRICK VENEER PAINTED FIBER CEMENT Page 9 of 13 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine TheatreSquared Baum Grub's 4� Walton Arts Center -Nk� �a a The Dickson a Page 10 of 13 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE Page 11 of 13 &s-s EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES CIVIC SPACE SIDE SPRING STREET SIDE &LEVEL01 1/I6'" w 0 N w D Z w a V) Lu w Page 12 of 13 EXHIBIT G: EXHIBIT G W ILYING LNYLLOPE TO SLAY S'-0' CLEAR OF EDGE OF PR CSFO GRFFNWAY • a PxaansEo wT •� .....- ...... ., BPLRBOl1N0ARY.,,._ EA4SnxG ............ •,. ._••._. PROPERTY LINF�f - UWOFMO FORGMO "9PAfE tLeA4Td�CTION POSSIBLE GREENWAY f ALIGNMENT ANU EASEMENT I'Y.�.�J PROPOSED LOT SPLIT DEVELOPER AGREEMENT JULY T9, 2022 t — --- — - LEA6EABLE CAFE Page 13 of 13 CITY OF City of Fayetteville, Arkansas _ Purchasing Division —Room 306 F AY E T T E V I L L E 113 W. Mountain A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development DEADLINE: Tuesday, October 26, 2021 before 2:00 PM, local time Pre -Proposal Conference: Thursday, September 16, 2021 at 2:00 PM, local time PURCHASING MANAGER: Jonathan Smith, ionsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, 08/29/2021—Second ad, 09/26/21 REQUEST FOR PROPOSAL RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. 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 submitting, 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 Official. Name of Firm: Reindl Properties, LLC Contact Person: Brian Reindl Title: President E-Mail: greaterproductions@gmail.com Phone: 479.283.6816 Business Address: 509 W Spring Street, Suite 310 City: Fayetteville State: Arkanas Zip: 72701 Signature: 7554 Date: 10/26/2021 City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 1 of 27 City of Fayetteville RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must 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, to your knowledge, 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. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 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. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Reindl Properties, LLC Primary Contact: Brian Reindl Title of Primary Contact: President Phone#1 (cell preferred): 479.283.6816 Phone#2: N/A E-Mail Address: greaterproductions(agmail.com City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 26 of 27 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 5. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. 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. Signature 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. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: Reindl Properties, LLC PHYSICAL ADDRESS: 509 W Spring Street, Suite 310, Fayetteville, AR 72701 MAILING ADDRESS: 509 W Spring Street, Suite 310, Fayetteville, AR 72701 PRINTED NAME: Brian Reindl PHONE: 479.283.6816 FAX: N/A E-MAIL: greaterproductions(aDgmail.com SIGNATURE: TITLE: President DATE: 10/26/2021 City of Fayetteville, AR RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development Page 27 of 27 REINDL PROPERTIES Response to RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development N*XAWAUGHTRY INDSOR �C R. TRUCT1RD COURTYARD BUILDING & BLOCKLLC 1�1j 1 1 !Ip 11 11 iN � IIII '1 1I IIII 411 111 p oq u 1 III �1 11 q1 a iill 1� 111 IIII 1 I1III it IIII III 1� �1 1��1 11 111 111 �� 11 IIII 11 1=' IIII 1�11 IIII IIII III 11 - 111 1 IIII li III1I IIII IIII 11 IIII IIII IIII _ �1 Ip lu� iii I!i 99 II IIII 11111 1� 1111 I 'IIII iii ii lii ii dill 11 111 Illil '�'1 lun Inr I 11 .' PROJECT DESCRIPTION: The design of the Civic Plaza provides a site for a significant mixed -use building on the south side of the park. This building not only helps to frame the park, it also encloses and completes the portion of Spring Street north of the historic Metro Building, a goal that the city identified in the 2008 Downtown Master Plan. A building on such a prominent site must be well crafted and serve as an exemplar of good urban design, sustainability, and durable construction. A VIBRANT ANCHOR FOR A GREAT PARK: The proposed building must also serve to activate the new Civic Plaza. Vibrant ground -level businesses that are open to all and are unique, local enterprises would be the ideal. The Razorback Greenway must engage this area in the most intimate and urban manner. The interaction of bicyclists, pedestrians, and merchants is a unique opportunity. ANEW HOTEL FOR A GROWING DOWNTOWN: Downtown Fayetteville has not had a new hotel since the 1970s. This site represents an ideal opportunity for such a venture, being adjacent to Walton Arts Center, TheatreSquared, the Dickson Street Entertainment District, and midway between the Square and the University of Arkansas. Reindl Properties, in consultation with their hotel consultant, has designed a 170-room hotel with associated meeting spaces, hospitality spaces, and ballrooms. The scale and materials of the building have been carefully considered to reflect and enhance the existing character of this area, its industrial past, and its aspirations for the future. The south, east, and north facades of the hotel engage the adjacent public spaces. All service areas are located on the southwest corner abutting the railroad tracks. In addition to being a significant work of architecture in its own right, the proposed hotel will provide multiple opportunities for the display of art in its public spaces. A MODEL OF SUSTAINABILITY AND RESILIENCE: Green space, enhanced building envelope, and durable materials will be used to preserve natural resources and reduce operating costs. Opportunities to provide clean energy with roof -mounted photovoltaic panels will be explored as away to increase the resiliency of our local power supply and to increase the efficiency of the building. The design and construction team recently completed the Network Building, the first mixed -use, net -zero energy building in the state of Arkansas. The unique and very recent experience and insight gained on this building will be applied to the new hotel. W INDSO REINDL MANAGEMENT R C.R. CRAWFORD AUGHTRV COURTYARD BUILDING & BLOCK— LOCAL FLAVOR IS KEY: Reindl Properties has a two -decade history of providing carefully crafted spaces for local entrepreneurs. At the Metro District Building and along the 100 block of Block Avenue, Reindl has provided addresses for some of Fayetteville's most unique and vibrant local enterprises such as: • Block Street Records, Wade Ogle • C4 Nightclub, Jaime Wilson • Prelude Breakfast Bar, Ben & Jaye Parker • Ozark Escape Fayetteville, Matt & TJ Ross • Crown Beauty Bar, Megan Harris • Rolando's Restaurant, Ernesto & Maria Garcia • American Shaman Vitamins & Supplements, Ranaga Farbiaz & Loudy Bousman • The Cork & Keg, Mo Green • Skye on the Town, Kristi Parrish • Wander Boutique, Cara Godfrey & Kristen Morgan • Block St. Nutrition, Candice Mendoza • Foxtrot Boutique, Allison Crane • Lola Boutique, Paige Arnold & Lynlee Critz • Pinpoint Bar, Bo Counts Together, these local entrepreneurs provide 97 jobs for our community. No other Fayetteville developer can claim to have created spaces for more local downtown businesses than Reindl Properties. Reindl has a unique skill set in this field; such skills are needed to establish local and unique businesses adjacent to our new civic park. In addition to the architectural and urban design qualities, the City of Fayetteville will enjoy significant financial benefits as follows. Over a 10-year period, the proposed building will provide funding for public institutions as follows: • Fayetteville Public Schools: $4,565,000 • Fayetteville Public Library: $370,000 • Police and Fire $80,000 • City General Fund $230,000 • Roads $88,000 • Total anticipated income to City of Fayetteville and Fayetteville Public Schools: $5,333,000 • Sales Tax and HMR Tax Revenue is projected to be as follows for a 10-year period: $3,460,000 W INDSO REINDL MANAGEMENT R C.R. CRAWFORD AUGHTRV COURTYARD BUILDING & BLOCK- A certain amount of Sales and HMR Tax revenue is simply moving from an existing location to the new location, however, a new, high -quality hotel provides a significant draw for our Advertising and Promotions Commission to use to attract events and tourists. A hotel brings visitors to our Entertainment District and our downtown. Each visitor will spend money in the existing bars, restaurants, and shops in the area. This infusion of new customers will have an immediate and on -going positive impact on existing merchants and the downtown cultural institutions. In addition, it is anticipated that the new hotel and its related activities will create 60 to 70 full time jobs. STRUCTURE OF PROPOSAL: WORKING TOGETHER TO COMPLETE THE VISION Reindl Properties will enter into an Interim Agreement with the City of Fayetteville to develop a mixed -use building on the south edge of the Civic Plaza. The building will be partially located on property that is currently owned by the City of Fayetteville; the remainder of the building will be located on property currently owned by Reindl Properties. The Razorback Greenway will be relocated onto property currently owned by Reindl Properties. Street scape improvements along Spring Street will be constructed north of the existing Metro District Building. Public Restrooms (approximately 1,200 sq. ft.) will be provided within the new Mixed -Use Building. Any property purchased by Reindl Properties will be appraised and purchased at Fair Market Value. Any property granted by Reindl to the City of Fayetteville will be credited toward the purchase price. Cost of the public restrooms will be credited to the purchase price. Ongoing maintenance, janitorial, and supplies for public restrooms will be provided by the City of Fayetteville. Reindl Properties will provide all market studies, appraisals, construction cost estimates, and revenue projections to demonstrate the feasibility of the project. Reindl Properties and the City of Fayetteville with work together to determine construction easements, utility locations, and timing of construction of the Civic Plaza and the mixed -use building. THE RIGHT TEAM TURNS THE VISION INTO REALITY: Reindl Properties has developed a project team that shares their passion for high -quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Windsor Aughtry of Greenville, South Carolina, will provide consulting and development services for the hotel and hospitality portion of the mixed -use building. Design work will be provided by Courtyard Building and Block, led by architect Robert Sharp, who has deep experience in creating some of the region's most significant, transformative, and well -loved buildings. Construction services will be provided by C.R. Crawford Construction. C.R. Crawford has extensive experience serving as general contractor for hotel and mixed -use building projects. The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm's length third -party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficial to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. W INDSO REINDL MANAGEMENT R V C.R. CRAWFDRD AUGHTRCOURTYARD BUILDING & BLOCK- PART I BUSINESS ORGANIZATION REINDL PROPERTIES Developer Brian Reindl Fayetteville, Arkansas Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in Central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District Building in 1999, Brian completely remodeled the 61,000-square-foot building into what it is today, an anchor in what is now known as the "Entertainment District" and the "Cultural Arts Corridor." Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the Downtown Square located at 11-23 N. Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful three-story mansions directly in front of Gate 1 at Donald W. Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree -covered acres. Brian also produced and wrote the movie "Greater" which was released in August of 2016. During principal photography, Greater Productions, LLC, employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Being a member of the business community as well as a member of the arts, Brian understands what this site can be for the community. He intends to engage with Walton Arts Center to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. REINDL MANAGEMENT WIND ova ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— _, nuoH \XAWINDSOR A U G H T R Y HOTEL GROUP Development Consultant Paul C. Aughtry, III Greenville, South Carolina • Twenty Developments Since 1993 For over 25 years Windsor Aughtry has carefully built • Suburban Developments a reputation for excellence through developing and • Urban Infill Projects brokering the spaces businesses want. Beginning • Competitive City RFP'S in 1988 with the merger of Windsor Properties, a • Surface &Structured Parking prominent residential firm, and The Aughtry Company, a leader in commercial real estate, Windsor Aughtry • Historic District Preservation brings a uniquely comprehensive perspective of what • Financing Utilizing Conventional it takes to be successful in real estate. Today, the loans, Tax Exempt Revenue Bonds, New company leads a commercial real estate developer and Markets Tax Credits & TIF Districts brokerage firm in the Southeast. Oil L Y I Mob., � 1■1 n0 1 ■ !. �y i sC 8q REINDL MANAGEMENT \)FiA� osAR cc R.cwnwr000 COURTYARD BUILDING & BLOCK- C.R. CRAWF❑RD C❑ N S T R U❑ T 10 N General Contractor Cody Crawford, Jason Keathley, & Scott Stokenbury Fayetteville, Arkansas Founded in 2006 in Fayetteville, Arkansas, C.R. Crawford Construction has grown to become one of the largest and most trusted general contracting and construction management companies in the state. The company has served as general contractor for some of Arkansas' largest and most significant construction projects and has a history of successfully completing intricate and complex builds. Maintaining high standards is at the heart of C.R. Crawford's success. Here are a few standout points that C.R. Crawford clients say put them above their competitors: • The company's pre -construction services are second to none. There is a tremendous amount of experience, skill, and emphasis in this area. • It is a financially solvent company with a single job bonding capacity of $350,000,000 and aggregate program of $700,000,000. • Developing strong partners and repeat clients is a priority. C.R. Crawford is known for staying client focused and has a reputation for quickly responding to client needs. WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK- REINDL MANAGEMENT _, nuoH�rRv Following is a list of C.R. Crawford Construction's relevant public sector experience. Project Name Runway 36 Extension Bentonville Municipal Airport Bentonville Animal Shelter GSACensus Social Security Office Miami SSA Remodel State Revenue Office Kappa Sigma Remodel Siloam Springs Fire Station #2 Bella Vista Library Expansion City of Bentonville Maintenance Building UofA - Central Utility Plant Shop Bentonville Trail head Restrooms UAMS Misc Jobs Centerton Road Work Hwy 59Improvements Beaver Water District - Steele Operations Remodel Barling Elem Nashville Waterline Extension Prairie Grove Schools Nashville High School Addition Nashville Jr. High Renovation Cookson Hills Christian School- Infastructure Wilbur D. Mills Coop Cookson Hills Dining Hall Midland High School Midland Elementary School 'ookson Hills Christian Academy Classroom Building Projec Prescott Schools Fire Alarms Nashville HPER Prairie Grove - Gym, Elem Expansion, Concessions Prescott - Asbestos Abatement Prescott Cafeteria Multipurpose Building Cedar Crest Childrens Academy Flippin School District Safe Room Prescott Agri Building Pea Ridge Admin & City Hall Melboure School District - Elementary Flippin Elementary School Ashdown School District Pea Ridge Agri Building Louise Durham School Renovation Greenland School Renovation Flippin School Cafeteria Remodel Huntsville School Remodel Mountainburg - Safe Room/PE Building Poyen Gym & Classrooms Ashdown Jr High Remodel Ashdown Schools - Elem School Renovation Marvell Gym Remodel Elkins Primary School - Remodel Ashdown Schools - CD Franks Remodel Cross County-Admin/Vestibule Remodel Rogers Middle Schools - Tracks Pea Ridge High School Huntsville Career & Technical Education Building St. Paul Career & Technical Education Building Fayetteville - Washington Elementary Playground Pea Ridge Intermediate School A/C Huntsville School - Gym A/C Elkins Gym HVAC Upgrades Prescott Elementary Industry Construction Type City City/Govt./Higher Ed. Miscellaneous Bentonville City/Gout./Higher Ed. New Construction Bentonville City/Gout./Higher Ed. Tenant Improvement Springdale City/Gout./Higher Ed. Tenant Improvement Fayetteville City/Govt./Higher Ed. Renovation/Expansior. Miami City/Gout./Higher Ed. Tenant Improvement Fayetteville City/Gout./Higher Ed. Renovation/Expansior. Fayetteville City/Gout./Higher Ed. New Construction Siloam Springs City/Govt./Higher Ed. Renovation/Expansior. Bella Vista City/Govt./Higher Ed. New Construction Bentonville City/Govt./Higher Ed. New Construction Fayetteville Miscellaneous New Construction Bentonville Miscellaneous Miscellaneous Fayetteville Miscellaneous Miscellaneous Centerton Miscellaneous Miscellaneous Decatur Miscellaneous Renovation/Expansior. Lowell K-12 Renovation/Expansior. Barling K-12 Miscellaneous Nashville K-12 New Construction Prairie Grove K-12 Renovation/Expansior. Nashville K-12 Renovation/Expansior. Nashville K-12 Miscellaneous Kansas K-12 New Construction Beebe K-12 New Construction Kansas K-12 New Construction Pleasant Plains K-12 New Construction Pleasant Plains K-12 New Construction Kansas K-12 Miscellaneous Prescott K-12 New Construction Nashville K-12 New Construction Prairie Grove K-12 Renovation/Expansior. Prescott K-12 New Construction Prescott K-12 New Construction Rogers K-12 New Construction Flippin K-12 New Construction Prescott K-12 New Construction Pea Ridge K-12 New Construction Melbourne K-12 New Construction Flippin K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Pea Ridge K-12 New Construction Mena K-12 Renovation/Expansior. Greenland K-12 Renovation/Expansior. Flippin K-12 Renovation/Expansior. Huntsville K-12 New Construction Mountainburg K-12 New Construction Poyen K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Marvell K-12 Renovation/Expansior. Elkins K-12 Renovation/Expansior. Ashdown K-12 Renovation/Expansior. Cherry Valley K-12 New Construction Rogers K-12 New Construction Pea Ridge K-12 New Construction Huntsville K-12 New Construction St. Paul K-12 Miscellaneous Fayetteville K-12 Miscellaneous Pea Ridge K-12 Renovation/Expansior. Huntsville K-12 Miscellaneous Elkins K-12 New Construction Prescott State AR AR AR AR OK AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR OK AR OK AR AR OK AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR AR WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— <i REINDL MANAGEMENT _, nuoH�rRv it In addition to having successfully completed more than 60 public sector projects, C.R. Crawford Construction has the following RECENT (within the past five years) experience that is specifically relevant to this project. Project Name Industry Construction Type City State Home 2 Suites by Hilton (Springdale) Hospitality New Construction Springdale AR Marriott Fairfield Inn & Suites (OKC) Hospitality New Construction Oklahoma City OK Marriott Fairfield Inn & Suites (Catoosa) Hospitality New Construction Catoosa OK Courtyard by Marriott Hospitality New Construction Rogers AR Home2 Suites by Hilton (Bentonville) Hospitality New Construction Bentonville AR Champions Club Multifamily New Construction Fayetteville AR North Cedar Townhomes Multifamily New Construction Fayetteville AR Depot 16Apartments (Building Only) Multifamily New Construction Bentonville AR PharmII Multifamily New Construction Bentonville AR Village Flats Multifamily New Construction Bentonville AR Johnston Square Liner Building Multifamily New Construction Johnson AR Little Emma Apartments Multifamily New Construction Springdale AR The Marshall Multifamily New Construction Fayetteville AR Network Living Multifamily New Construction Fayetteville AR City U Multifamily New Construction Bentonville AR Johnson RMP Office New Construction Johnson AR Drake Farms (Pendergraft Office) Office New Construction Fayetteville AR WINDggOR /C.R.CRAwFORo REINDL MANAGEMENT AU6HTRY Z�cc„e,n�c„o„ COURTYARD BUILDING & BLOCK- 5 COURTYARD BUILDING & BLOCKLLC Architect Robert Sharp Fayetteville, Arkansas Courtyard Building and Block, LLC, was founded in 2014 to serve the needs of municipalities, real estate developers, and land planners. The firm was founded by Robert Sharp and is located in Fayetteville, Arkansas. The design ethic of Courtyard Building and Block is deeply rooted in the history, patterns, and construction methods of the region. Over the years, we have developed expertise in designing mixed -use buildings and have deep experience in adaptive re -use and historic restoration. Courtyard Building and Block also specializes in designing two- and three-story courtyard apartment buildings for Traditional Neighborhood Developments (TND) and infill locations. In addition to deep experience with multifamily housing and courtyard apartment buildings, the firm has extensive experience in designing single-family housing at every scale, including cottages, townhouses, and large estates. Founder Robert Sharp is active in the community and served on the Fayetteville Planning Commission and on the board of Partners for Better Housing, a local non-profit that is dedicated to providing efficient and dignified housing in Fayetteville's Walker Park Neighborhood. He is also active in the Congress for New Urbanism (CNU) and is a member of the Urban Guild. THREE SISTERS BUILDING Fayetteville, Arkansas This collection of buildings is organized as a series of distinct facades along three faces of a single city block. This project includes 62,000 sq ft overall. Ground floor is retail and entertainment uses with office spaces above. Upper floors contain residential apartments and are stepped back from the street edge to maintain the scale of the existing context. Simple masonry forms are enhanced with traditional ornamental devices such as pressed metal, cut stone, and cast iron. The complex conceals a two story parking structure in the middle of the block. When views from a distance, the silhouette of the various elements creates a distinctive landmark. MILL DISTRICT Fayetteville, Arkansas This significant relic of the region's agricultural infrastructure is located at the corner of two busy commercial streets at the extreme southern edge of the downtown. The immediate surroundings are low rise industrial and commercial structures. The original building was stripped down to the steel frame and new floors inserted within the existing volume. The simple geometric form of the building was clad with galvanized metal, fiber cement board, painted concrete block, and steel windows. The building is home to retail, office, and restaurant space. In addition, the upper two floors contain six two-story residential loft apartments. A major emphasis of the project is to provide urban amenities to conceptually extend the walkable pattern of the downtown area while still taking advantage of the visibility and automotive access that the site enjoys. A multi -use trail was created along the western edge of the site to link this project to Fayetteville's extensive trail system. The Mill District has served as a catalyst for positive growth in this transitional neighborhood. REINDL MANAGEMENT WIND ova ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 6 _, nuoH RMP BUILDING Johnson, Arkansas Johnson Square is a new walkable, compact, mixed use neighborhood. At the heart of this neighborhood is the RMP Building, a three story masonry building that contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. The building exterior is brick with large operable windows, decorative cornices and bay windows, and exterior decorative iron. Overall project area is 21,000 square feet. TRUESDALE BUILDING Johnson, Arkansas The Truesdale Building is a mixed use building in Johnson Square that includes 25 residential apartments and ground floor retail of office space. The building defines the street edge of Johnson Mill Boulervard. In addition to the three story fagade, street trees, wide sidewalks, and on -street parking provide a protected pedestrian realm. Brick, operable windows, pitched roofs, and decorative trim are used to create a varied composition. NETWORK BUILDING Fayetteville, Arkansas This mixed use building is the first in the state of Arkansas to be net zero energy -the building will create as much power as it uses. The building enveloped was enhanced to save energy and photovoltaic panels provide power into the local electrical grid. The building is of durable brick construction and contains 28 apartments and 4,000 sq ft of office space. The Network building is located across the street form the Fayetteville Public Library. TRUESDALE BUILDING sl� M�� Johnson, Arkansas NETWORKBUILDING Fayetteville, Arkansas l v' WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK- % REINDL MANAGEMENT _, nuoH�rRv THE DICKSON BUILDING Fayetteville, Arkansas The design of the building is heavily influenced by the extreme conditions of the site. The north facade of the building takes its place among the low rise masonry buildings that line a typical urban street edge. The south and east edges of the site face a railroad track and an electrical substation. The west facade of the project addresses the University of Arkansas in the distance. The programmatic elements of the building are organized to address these various conditions in a logical manner: the parking structure abuts the electrical substation and is concealed by a two story liner building. The street facade is composed to emphasize the primary pedestrian entry and the street level retail. A courtyard is carved out of the building within the middle of the block to create an oasis at the heart of the building. The massiveness of the exterior walls of the lower floors gives way to lighter structural members and expansive windows as the building rises to allow distant views of the mountains and the university from the upper floors. Overall project includes 110,000 square feet of retail, restaurant, office and residential area. METRO DISTRICT BUILDING Fayetteville, Arkansas This complex began life as a food processing plant and served for decades as a storage and light manufacturing facility. The building had suffered from deferred maintenance and a series of opportunistic additions. The design solution was to create a series of identifiable entrances along a continuous sidewalk. A new multi -use trail was created along the east side of the building in cooperation with the City of Fayetteville. The large footprint of the building made it difficult to divide the building incrementally into usable spaces, so common areas were added at each level to create a coherent entry sequence for a variety of occupants. The building contains office space, salons, restaurant, and entertainment uses. Overall project area is 46,000 square feet and includes retail, entertainment, office, and residential uses. This property was developed and built by Reindl Properties. METRO DISTRICT LOFTS Fayetteville, Arkansas This building is organized as three stories of stacked flats arranged around a shared courtyard. The property has limited street frontage, which led to the idea of the individual apartments having their front doors facing onto the shared courtyard. Entry to this courtyard is through a substantial two story arched opening. The exterior of the building is masonry construction as befits its urban site. Corbelling, cast stone details, and deeply set windows contribute to the feeling of mass and durability. Decorative wrought iron balconies and rooftop cupolas provide a counterpoint to the solidity of the exterior walls. The project consists of thirty residential apartments and was developed by Reindl Properties. METRO DISTRICT LOFTS Fa etteuil/e,Arkansas WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK - PART II CONCEPT AND SOLUTION PROJECT VISION AND GOALS: Urban Design and Scale: The hotel is designed to provide a strong visual anchor at the south end of the Civic Plaza. Urban parks benefit from a strong sense of enclosure. The west portion of the hotel building is designed to terminate the canal feature of the Civic Plaza, creating a destination for those strolling along the canal. The existing pedestrian train track crossing occurs at that intersection of building and canal. Respect for the work to date of Nelson Byrd Wolz (NBW): The proposed hotel was designed to respond to the outstanding Civic Plaza designed by NBW. The building form, location, and articulation are direct responses to their design work to date. In addition, we look forward to working with NBW to fine tune the landscape design adjacent to the hotel. Loading, Access, and Fire Protection: A critical element of this design is that all loading areas are located on the southwest portion of the site, against the existing railroad track. The current design by Nelson Byrd Wolz envisions a continuous tree shaded walk along the entire West Avenue frontage. It would be tragic to interrupt this feature with loading and trash collection. Also of utmost importance is the location of Aerial Fire Apparatus area, which we are proposing to be is south of the new hotel building. This is an extremely important safety feature that would be very difficult to provide using the footprint shown in the City of Fayetteville RFP document. WIND oa ccea.cw..wr000 COURTYARD BUILDING & BLOCK— 9 REINDL MANAGEMENT _, nuoH�rRv •�^21 A Better Bike Trail: Another significant advantage of the proposed site plan is that the multi- use trail can be located adjacent to the existing shops, restaurants, and bars at the historic Metro District Building. This is a unique opportunity to have a multi- use trail in a very urban environment. The trail would be located north of the existing terraces and sidewalks. Head -in parking provides a layer of protection on the north side of the trail. Smart Parking Strategies: All downtown parking assets must be considered in terms of managing resources properly and encouraging multi -modal transportation choices. The current inventory of approximately 9,000 parking stalls downtown has a utilization rate of 50% during the week and 40% at the weekends. Entertainment District parking is at least 90% utilized during special events, but the overall parking supply seems adequate for years to come, particularly as walking, biking, e-bikes, e-scooters, and mixed -use development trends expand. We anticipate creating a valet parking system that will allow us to tap into the underutilized parking the downtown area. Working with the City of Fayetteville, we will pursue off-peak agreements with local churches, banks, and Washington County. 14- WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 10 REINDL MANAGEMENT _, nuoH�rRv PRE -FINISHED METAL PANEL SYSTEM BRICK CORBELING ATi PARAPET AND BELOW SEVENTH STORY WINDOWSAL - 1 �- 0 VIEW FROM NORTHEAST Fj VIEW FROM SOUTHWEST VIEW FROM NORTHWEST PAINTED FIBER CEMENT INDUSTRIAL STYLE, DIVIDED LIGHT WINDOWS RED BRICK VENEER GREY BRICK VENEER "; ROOF TERRACE CHARCOAL COLORED IRON SPOT BRICK VENEER _ALUMINUM FRAMED WINDOWS ENAMEL -PAINTED STEEL STRUCTURE Material Palette and Facade Strategies: The mass of the hotel building is broken up into two portions: An eastern wing that is inspired by the industrial masonry heritage of the area and a western wing that participates in the aesthetic exemplified by TheatreSquared, Walton Arts Center, and The Dickson Building. Brick corbels, pilasters, and divided -light, loft - style windows are used on the east wing to create a sense of craft, weight, and hierarchy. The west wing features charcoal iron spot brick (similar to the brick used at the recent addition to the Fayetteville Public Library), enameled steel, steel bar grate, pre - finished metal panels and trellis systems. Glazing at the west wing is aluminum framed windows. VIEW FROM SOUTHEAST 0 at REINDL MANAGEMENT WnuINoH�rRD ova ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 11 _- PART III PROGRAM Our team has analyzed the likely structure and material components proposed for the hotel. To maximize efficiency, our team will procure the long lead materials and grading permit ahead of the final design in order to maintain a predicable work flow and earlier project completion. Our entire team has successfully completed projects using this scheduling method adjacent to the arts corridor, including projects with the city of Fayetteville. INITIAL PROJECT SCHEDULE I Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I r WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— REINDL MANAGEMENT nuoH�rRv 12 PROJECT APPROACH PRE -CONSTRUCTION PHASE The pre -construction phase is the period when the owner and construction manager have the most opportunity to identify and mitigate any potential risk. Our pre -construction team and processes have proven themselves over and over again. Trent Rogers will lead the pre -construction phase and team on this project. 1. ESTIMATING PROCESS AND PRELIMINARY BUDGET: We will use our proprietary in-house estimating models (such as Lumion and P1anSwift), historical information, and real-time conversations from the supplier/subcontracting community to develop initial cost estimates. This is an early indication if the project will fall within budget. 2. BUILDING INFORMATION MODELING C.R. Crawford generally produces a BIM model utilizing Revit and Navisworks with our in-house model integrator to help support estimating decisions, planning and coordination. While in the pre -construction phase, the model will be used to visualize areas of the design needing resolution or clarification. 3. VALUE ANALYSIS: Our value management efforts focus on a facility's function and performance. Any ideas and opportunities to avoid costs, while also generating the most value for your project, will be examined and communicated with you and the architect. Our approach is to always strive to maintain the original program area of a project and look for opportunities to save costs in ways that will not be noticeable to end -users of a facility. We will present a detailed list of value -generating and cost -reducing options for your review so that you can make the best decision as to which of those ideas and opportunities can be incorporated into the plans and specifications. 4. SCHEDULING: The project's schedule is the backbone of a successful outcome. Our VPs will be heavily involved in creating every schedule and have extensive experience in knowing what is realistic. Each task and trade is given a timeline, then they are pieced together sequentially for what makes the most sense for site logistics. C.R. Crawford is very aggressive when it comes to organizing a project construction schedule, as we do not believe in wasting time or charging excess overhead costs to a job. Depending on the complexity of a project, we use either Microsoft Project or Primavera to format our schedules. Each week the Project Superintendent and the Project Manager will create a three week "look ahead" schedule. This is communicated to the subcontractors so they are prepared and ready for the scheduled task and can prepare to be most efficient. We do not miss schedules or we would not have repeat clients, such as Walmart, Tyson Foods, and Academy Sports + Outdoors, as they have very hard deadlines that are driven by specific dates of training and opening that greatly affect their annual revenue. 5. CONSTRUCTABILITY REVIEW: At C.R. Crawford, our approach to constructability reviews is a structured process to ensure the construction documents are coordinated, the documents make clear the requirements of the project, and any potential impacts to the project because of document errors are identified and corrected. WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 13 REINDL MANAGEMENT _, nuoH�rRv 6. BID PACKAGE DEVELOPMENT: As design activities conclude, the subcontractor bid packages are finalized and, to the fullest extent possible, organized in a manner that will result in highly competitive bidding by the greatest number of bidders available in the marketplace. Unlike some other construction management companies, C.R. Crawford still frequently participates in and wins lump -sum bid projects so that our bidding processes will remain competitive. When deployed in a construction management project, our processes have been proven to result in lower, but still responsible, bids for our clients. 7. IDENTIFY/ORDER LONG LEAD-TIME MATERIALS: As soon as C.R. Crawford has a signed contract, the estimator and project manager will work together to identify long lead-time items. Getting a list of the owner provided items to establish a release/delivery date is crucial for coordinating an overall schedule and sequencing of trades. 8. DESIGN REVIEW & SUPPORT: C.R. Crawford will assist in as much design review and work with any suggested third -party reviewers as much as needed to get the best construction documents and game plan for executing the owner and design team's desires. We believe our role in the project is to help facilitate communication that will reduce errors and omissions, while managing the construction process from start to finish. Getting consultants and experts in their respective areas involved early leads to a more efficient project and potentially lower construction costs. PROCUREMENT PHASE 1. DEVELOPING SUBCONTRACTOR INTEREST: One method to generate the highest possible level of subcontractor participation and the lowest responsible cost is to conduct a subcontractor summit. We will proactively reach out to subcontractor companies in the area to be sure they are aware of the project and then host a half -day or one -day event to review the project, discuss key details of the project, and clearly communicate expectations for performance and quality. 2. CONDUCTING PRE-BID/PRE-PROPOSAL MEETINGS: One scenario that we have found to be very productive is hosting a virtual pre -bid meeting. Our pre - construction team records a video of them talking through and visually showing subcontractors how to navigate the construction documents, reiterating that all of the documents are tied together and they need to review it as an entire package and not just a few pages specific to their trade. This video is made part of the invitation -to -bid package. A pre -bid meeting will also be held and there is a platform for asking questions about the bid process and bid package. 3. PRE -QUALIFYING SUBCONTRACTORS & SUBCONTRACTORS: Our invitation to bid will set specific criteria right out of the gate, to ensure the subcontractor knows the minimum requirements needed to participate in the project. Once bid proposals are received, our pre -construction team will discuss with the subcontractor/supplier, to ensure that the proposer understands the scope of work that would be required of them and has the capacity to meet our schedule. In Northwest Arkansas, this process will be very easy, as we will know the subcontractors/suppliers and their abilities or shortcomings. WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— REINDL MANAGEMENT nuoH�rRv 14 4. RECEIVING & QUALIFYING BIDS/PROPOSALS: On bid day, we will eagerly receive the subcontractor bids and verify the bids meet all requirements and include the complete scope of the bid package. We will compile the lowest responsible bids to verify the total construction cost is at or below our most recent cost estimate. Once the total construction cost is established, we will present the Guaranteed Maximum Price (GMP) to you for your review and approval. At this point, we will be prepared to begin site activities. 5. ENTERING INTO CONTRACTS: Regarding subcontracts and supplier purchase orders, we have a very clear and specific document we use and have found it to be very successful at clearly defining the scope of work for that trade/bid package. The agreements are fully executed prior to anyone from that company beginning their work on the project. This helps with defining payment terms and requirements for closeout, so there is no room for miscommunication. CONSTRUCTION PHASE 1. QUALITY ASSURANCE ON TIME & IN BUDGET: Our quality management process begins early in the design phase when we review the materials and methods required to complete the project and verify that what is designed can be built with the highest possible quality. Cost and quality management continues throughout the remainder of the design process and then becomes a part of our site management activities. 2. SCHEDULE MANAGEMENT: Based on the complexity of a project, our project management team uses either Microsoft Project or Primavera to create and manage a project schedule. C.R. Crawford is known for our ability to develop an aggressive schedule and then meet or exceed that schedule. As with most advanced construction companies, we use "look ahead" and other schedule management techniques to verify we are staying on track and prepare for activities three to six weeks in advance. 3. COST CONTROL: C.R. Crawford's approach to cost control is a follow-up process from the pre -construction, scope definition, and bid packaging procedures. We approach cost control with a "discipline to detail" mentality, thus assuring that our clients are continuously informed of the process, have the appropriate documentation structure and are assured that we have completed a rigorous vetting of any and all potential risks. 4. JOB SITE COORDINATION: Our Project Superintendent is on -site all day and is responsible for ensuring site activities proceed as scheduled. We use the project schedule and Procore project management software to most effectively and efficiently coordinate site activities and maintain accurate project records. 5. CHANGE ORDER MANAGEMENT: If a change order is requested by the owner or architect, we will evaluate the cost of the change order and the impact the change order will have on the construction schedule. We will present our recommendation to you and in no instance will we proceed without written approval from the owner. WIND oa ccea.cw..wr000 COURTYARD BUILDING & BLOCK— 15 REINDL MANAGEMENT _, nuoH�rRv COMMISSIONING & START-UP SERVICES Our Project Team has worked with third party commissioning agents, in addition to having someone from the design team or our Project Team lead the commissioning and start-up efforts in a new commercial building. We understand the importance in delivering and training the owner so they maximize the building's safety and efficiencies, as well as reduce operation costs, and have a maintenance and documented plan for the future. A building envelope review is a great step to take during this stage and lets the owner work hand -in -hand with all subcontractor leads/start-up representatives, as this can pay huge dividends when preventing water leaks and wasted energy use. PROJECT CLOSEOUT SERVICES What began during pre -construction will continue as construction comes to a conclusion. Our process includes continual verification that all work is done according to the plans and specifications. Any nonconforming work is addressed with the appropriate subcontractor before the subcontractor demobilizes from the job site. 1. AS -BUILT DOCUMENTATION: Our Project Team will immediately begin updating our project management software (Procore) with any updated or "red -lined" drawings. As a result, upon completion of the construction project, there will be a readily available as -built drawing set. The design team and owner will have access to this web -based software and mobile app at all times. These as -built drawings will also be included in an electronic closeout package sent to the owner. 2. MAINTENANCE & OPERATION MANUALS COMPLETE: Maintenance and Operation Manuals will be organized and filed into our electronic closeout package, in addition to any hard copies we may receive with the equipment. These manuals will be referenced and identified during the commissioning and start-up process as well. 3. WARRANTY & GUARANTEES PROVIDED: C.R. Crawford will provide a minimum of a one-year warranty. However, we look to build long-term relationships and want to always make sure we are helping our clients with any issue where we can help. All subcontractor waivers and warranties and manufacturer/equipment warranties will be provided and organized in the closeout package. 4. CLIENT'S PERSONNEL TRAINED IN MAINTENANCE & OPERATION OF FACILITIES: We understand the importance of training the maintenance and operation personnel on the building systems for safety reasons and this can help reduce future costs. There will be organized training sessions, when appropriate, for personnel to come on -site for training. WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 16 REINDL MANAGEMENT _, nuoH�rRv PART IV ACCOUNT TEAM PERSONNEL See resumes at the end of this document. PART V CORPORATE EXPERIENCE Refer to Part I PART VI AUTHORIZED NEGOTIATOR Brian Reindl is authorized to negotiate contract terms and render binding decisions on contract matters. Brian Reindl Owner, Reindl Properties 509 W. Spring Street, Ste. 310 Fayetteville, AR 72701 479-283-6816 PART VII COST PROPOSAL/FINANCING PLAN The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm's length third -party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficially to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. WIND oa ccea.cw�.wr000 COURTYARD BUILDING & BLOCK— 17 REINDL MANAGEMENT _, nuoH�rRv SUMMARY Reindl Properties has assembled a uniquely qualified team for the innovative development project envisioned by the City of Fayetteville. We have formatted this summary to be consistent with your Selection Criteria as follows: 1. Qualifications in Relation to Specific Project to be Performed. We have a proven 22-year track record of developing high quality buildings in Downtown Fayetteville. Our design and construction team have similar experience working on significant buildings located on constrained and challenging sites. Windsor Aughtry has developed multiple hotels in downtown locations across the country. 2. Experience, Competence, and Capacity for Performance. Brian Reindl will be the primary point of contact for the City of Fayetteville. You will be dealing with the primary decision maker at all times. At any time, Brian can call upon his consultants at C.R. Crawford, Windsor Aughtry, or Courtyard Building and Block to have questions answered and matters resolved. Financial wherewithal and experience will be demonstrated at each project milestone so that the City of Fayetteville will have a complete financial and aesthetic vision of the development. 3. Proposed Method of Doing Work. Collaboration is the key to developing successful projects that have multiple stakeholders. In addition to working directly with representatives of the City of Fayetteville, Brian Reindl will also engage with Walton Arts Center, TheatreSquared, Dickson Street Merchants, Nelson NBW, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. Reindl Properties will develop a project schedule for due diligence, design and cost estimating, permitting, and construction. Project schedules will be established that synchronize the completion dates of the hotel and the Civic Plaza. Construction easements and other logistical matters will be taken into consideration. Also, it is important to note that Reindl Properties is located at 520 W. School Street. This project will have our complete attention, every day. 4. Past Performance. Reindl Properties has developed multiple high -quality projects in the Fayetteville area. Projects such as the Metro District, Block Avenue, Hill Avenue Townhouses, and Metro District Lofts demonstrate our track record. Reindl Properties has excellent relationships with local suppliers and knows how to get the best work from our local craftsmen. Reindl Properties builds for the long term. In addition to their development expertise, they are skilled in managing properties and keeping tenants happy. 5. Cost and Fees. Reindl Properties is committed to fair dealing for all parties. Any transactions between Reindl Properties and the City of Fayetteville will be based upon third party arms -length appraisals. Financial analyses will be open book and based upon well documented sources regarding construction cost, anticipated revenue, and financing criteria. CLOSING STATEMENT "I have been in love with Fayetteville since that first drive through town back in 1984. I've always known it was a unique place with an incredible university, a great climate, a vibrant economy, and a diverse group of `funky' people. Simply put, these are the reasons I decided to move back in 1994, start a business, and raise a family. I can truly say that there is nowhere else that I'd rather call home. It's natural to want what's best for what you love, and I think this hotel is what's best for an already great and exciting Downtown. Not only will it add jobs and tax revenues, but it will also activate the park with a restaurant, coffee shop, and rooftop bar. I see it as not just a building, but an amenity for our visitors and citizens. It will be an extension of the park, and open to all. I`d love the opportunity to bring this amazing Downtown hotel to a place that we ALL call home." —Brian Reindl, owner Reindl Properties, Inc. WIND oa ccea.cw..wr000 COURTYARD BUILDING & BLOCK— 18 REINDL MANAGEMENT _, nuoH�rRv RESUMES Brian Reindl Developer Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District building in 1999, Brian completely remodeled the 61,000 square foot building into what it is today, an anchor in what is now known as the "Entertainment District" and the "Cultural Arts Corridor". Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the downtown square located at 11-23 N Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful 3-story mansions directly in front of Gate 1 at Donald W Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree -covered acres. Brian also Produced and wrote the movie "Greater" which was released in August of 2016. During principal photography, Greater Productions, LLC employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Josh Williams Property Manager Josh Williams has been a resident of Fayetteville 17 years. He attended the University of Arkansas and received his degree in Real Estate Finance. He has been apart of Brian Reindl's team for 5 years and has taken over the oversight and project management for all developments as well as managing all of Brian's commercial and residential spaces. Josh has overseen the finish out of tenant spaces at Block Street and the Metro District and is directly involved in all matters relating to on -going tenant satisfaction. Jay Alexander Principal/Broker-in- Charge 864-679-36231864-380-6191(cell) \XAWINDSOR AUGHTRY HOTEL GROUP Education: University of South Carolina -Columbia, SC May 1991 Bachelor of Science Mechanical Engineering Furman University 1993-1994 Pre -MBA classes Recent Development Experience: ■ Lead team member in submitting two winning RFPs to Greenville Hospital System for build -to -suit developments totaling $10.5 million. Secured construction funding, longterm financing and managed projects to completion. ■ Embassy Suites - Downtown Greenville SC:155 room hotel constructed on air rights above city owned parking garage. The Embassy has a Ruth's Chris Steakhouse in the lobby, 4,300 SF of meeting space and rooftop bar. ■ Home2 Suites - Asheville, NC:112 room extended stay hotel with surface parking. ■ Motto by Hilton - Bentonville, AR:175 new concept micro room hotel under development in downtown Bentonville. The Motto will have a separately branded F&B concept, retail space, bike storage, and outdoor F&B concept. Opening 4tn quarter 2023. Community Involvement: Board Member - Neighborhood Focus 2019 - Present Chairman of Administrative Board - Mauldin United Methodist Church 2009-2011 Chairman of Youth Director Search Committee - 2010 Past Board Member - Greenville Metro YMCA Past Board Member - Meyers Center for Special Children - Greenville, SC Kelly Ross General Manager/ Commercial Construction 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone: 864-303-9880 Email: kross@windsoraughtry.com \XAWINDSOR AUGHTRY HOTEL GROUP Education: A.A.S. - Building Construction Science, Greenville Technical College,1981 Areas of Expertise: ■ Kelly is General Manager for our hotel related construction projects. Working with design teams and contractors he represents the firm's interests in new hotel endeavors as well as property updates and renovations. Recent New Hotel Project Experience: ■ 127 room Hampton Inn & Suites atop a six -story parking deck in downtown Roanoke, VA. Opened 2016. ■ 156 room full -service Embassy suites with rooftop bar/ restaurant in Greenville, SC. Opened 2016. ■ 138 room seven -story Residence Inn with pool and site amenities in Greenville, SC. Opened 2018. ■ 135 room seven -story Marriott Courtyard located in downtown Baton Rouge, LA. Opened 2018. ■ 132 room eight -story Hampton Inn & Suites located in Kansas City, MO. Opened 2019. ■ 115 room Home 2 Suites located in Asheville, NC. Opened 2020. Laurens Nicholson CCIM, SIOR Principal / Director 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone:864-270-2706 Email:lnicholson@windsoraughtry.com \vXAWINDSOR AUGHTRY HOTEL OROU Education: Clemson University -Clemson, SC May 1990 Bachelor of Science Development Experience: ■ Team member in assembling a site in Bentonville, AR for hotel development. Participated in the site selection, environmental, civil engineering, schematic design, design development and construction bid submittal. Worked with the City of Bentonville on the pre -application meetings and planning submittal. Worked with City of Bentonville Planning Department in getting project approved. ■ Partner in hospitality real estate investment partnerships. ■ Partner in multiple medical investment partnerships. ■ Developed medical build -to -suits. Worked from site selection to completion. ■ Developed multiple industrial and manufacturing facilities throughout South Carolina. Community Involvement: CCIM—South Carolina Chapter —Board of Directors (Education Chair), Past President CCIM Global- Currently serving as Vice Chair to the faculty curriculum sub -committee CCIM -Instructor- Financial Analysis for Commercial Real Estate Investment and Foundations for Success South Carolina Association of Realtors— Past Board of Directors Greater Greenville Association of Realtors - Commercial Division, Past President, Board of Directors SIOR—Global Organization —President Carolina's Chapter-2014 Awards: South Carolina CCIM of the Year- 2019 Commercial Realtor of the Year - Greater Greenville Association of Realtors-2002 Co -Star Power Broker - Industrial Sale &Lease Transactions-2009, 2010, 2012, 2013, 2014,2016 Bachelor of Science, will result In the project being co Construction Management the utmost quality. University ofArkansas at Little Rock, Little Rock, Arkansas SUMMARY OF EXPERIENCE: Aaron will provide leadership, oversight, and direction to the other members of the C.R. Crawford team throughout the life of the project. He will work with the project owner, architect, and other stakeholders to develop and execute a project management plan that mpleted on schedule and within budget and executed with Having worked 18 years in the construction industry in areas from business development to estimating to project management, Aaron brings a tremendous amount of insight, experience, and leadership to any project team. He has a proven ability to lead multiple teams effectively and efficiently. The volume of total projects under his oversight at any one time have ranged from $200 to $300 million. NOTABLE PROJECT EXPERIENCE INCLUDES: • AC Marriott Hotel — Little Rock, AR • AC Marriott Hotel — Kansas City, MO • Chenal Point Apartments — Little Rock, AR • Landmark Apartments — Little Rock, AR Wimbledon Greens Apartments — Little Rock, AR • The Blake Sr. Living Center — Little Rock, AR • OBU Student Housing —Arkadelphia, AR • OBU Dorms — Arkadelphia, AR • Arkansas Children's Hospital Research and Nutrition Center — Little Rock, AR • Arkansas Heart Hospital Cath Lab Renovation — Little Rock, AR • Arkansas NeuroSpine Center — Little Rock, AR • U of A Athlete Success Center — Fayetteville, AR • U of A Student Success Center — Fayetteville, AR • U of A Ozark Hall Renovation — Fayetteville, AR • Pinnacle Hills Promenade — Rogers, AR • Promenade at Chenal — Little Rock, AR First Orion Office Building — North Little Rock, AR • Bass Pro Shops — Little Rock, AR • Overland Park Rehabilitation Hospital — Overland Park, KS • Arkansas Fertility & Gynecology Associates — Little Rock, AR • Malco Theater — Rogers, AR • Cobb Cinebistro Theater — St. Petersburg, FL • Cobb Cinebistro Theater — Cincinnati, OH • Movie Tavern — Allentown, PA • Movie Tavern — Little Rock, AR • Ridgedale Mall Renovation & Expansion — Minnetonka, MN • Rosedale Mall Renovation & Expansion — Roseville, MN • St. Louis Galleria Renovation — St. Louis, MO • Quail Springs Mall Renovation — Oklahoma City, OK • LA Fitness — North Little Rock, AR • LA Fitness — Memphis, TN • Summit Fair Retail Center — Lee's Summit, MO • Adams Dairy Landing — Blue Springs, MO • Summit Orchard Retail Center — Lee's Summit, MO • Ward Parkway Center — Kansas City, MO • First Security Bank (Gateway Branch) — Little Rock, AR • ASU Football Practice Facility — Jonesboro, AR • Dairy Queen — Sherwood, AR • Dairy Queen — Little Rock, AR • Pediatrics Plus — Conway, AR • Pediatrics Plus — Little Rock, AR • Pediatrics Plus — North Little Rock, AR • St. Vincent Lonoke Medical Clinic — Lonoke, AR • St. Vincent Bryant Medical Clinic — Bryant, AR • Arkansas Heart Hospital Cath Lab Renovation — Little Rock, AR • Bellview Urban Center — Rogers, AR • Doctors Hospital Renovation — Little Rock, AR • River Ridge Mall Renovation — Lynchburg, VA CC.R. CRAWFDRD 0 0 N 5 T R U C T 1 0 N wY.^ Bachelor of Architecture Louisiana Tech University, Ruston, Louisiana AIA Architect Registration ROLE IN THIS PROJECT: Trent will lead our pre -construction team and work with you and your project architect during the planning, design, and pre -construction phase of your construction program to provide conceptual unit-cost/square-foot-cost estimates. Trent will also work with the project manager to develop a preliminary construction schedule for the project. Trent will focus on the feasibility and efficiency of constructing what has been designed and, if needed, will develop alternative solutions to ensure your project remains within your budget. SUMMARY OF EXPERIENCE: In addition to his deep understanding of construction costs, Trent is also registered as an architect by the American Institute of Architecture (AIA). His understanding of both design philosophy and construction costs has allowed Trent to be a very effective communicator and problem solver when working with project owners and architects. NOTABLE ARCHITECTURAL PROJECT EXPERIENCE INCLUDES: • Farmington High School Gymnasium and Performing Arts — Farmington, AR • Crossmark Center for Collaboration — Bentonville, AR • Fulbright Junior High School — Bentonville, AR • Keypoint Church — Bentonville, AR • Elkins High School — Elkins, AR • First Baptist Church — Rogers, AR • Fort Scott Community College Performing Arts — Fort Scott, KS • Siloam Springs High School — Siloam Springs, AR Siloam Springs High School Stadium — Siloam Springs, AR NOTABLE CONSTRUCTION PROJECT EXPERIENCE INCLUDES: • City U — Bentonville, AR • South School Apartments — Fayetteville, AR • Network Zero — Fayetteville, AR • Generations Bank — Fayetteville, AR • First National Bank — Fayetteville, AR • United Bank — Bentonville, AR • IDO — Lowell, AR • Depot 16 — Bentonville, AR • Pharm II — Bentonville, AR • RMP, LLP — Johnson, AR • BNSF Logistics — Springdale, AR • Primrose Communities — Multiple Locations (AR and TX) • Whitbeck Labs — Springdale, AR • Washington Regional Cancer Support Home — Fayetteville, AR • Washington Regional Medical Billing Office — Fayetteville, AR • McDonald Eye Associates — Fayetteville, AR • Marvell - Elaine School District — Marvell, AR • Rogers School District — Rogers, AR • Elkins School District — Elkins, AR • Prescott School District — Prescott, AR • Mountainburg School District — Mountainburg, AR • Flippin School District — Flippin, AR • Melbourne School District— Melbourne, AR • Poyen School District — Poyen, AR • Pea Ridge School District — Pea Ridge, AR • North Cedar Townhomes — Fayetteville, AR • Tyson Foods — Rogers, AR C.R. CRAWFDRD 0 0 N 5 T R U C T I O N Bachelor of Science, Supply Chain Management, Finance University ofArkansas, Fayetteville, Arkansas THE GODDARD SCHOOL r 14 ROLE IN THIS PROJECT: Working closely with Sr. Pre -Construction Manager Trent Rogers, David will lead estimating services for this project. He and Trent will work with you and your project architect during the planning, design, and pre -construction phase of your construction program to provide conceptual unit cost/square foot cost estimates and unit cost for site utility work. He will assist Trent in analyzing the accurate and efficient constructability of the project's design and will provide value engineering services to ensure your project remains within your budget. SUMMARY OF EXPERIENCE: For more than five years, David's dedicated focus in estimating services has given him vast experience. He is detail oriented and thorough in his processes, giving him quick expertise and success in project estimating. David is a proven asset in pre - construction services and will be an apparent benefit to your project. NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites — Bentonville AR • Independence Plaza — Lowell, AR • Admiral Plaza Shopping Center — Tontitown, AR • Johnson Medical Building — Johnson, AR • IDO Phase II — Lowell, AR • Blue Ember Smokehouse — Fort Smith, AR • The Goddard School — Fayetteville, AR • The Goddard School — Bentonville, AR • Mercy Convenient Care Clinic — Bentonville, AR • Mercy Health Pain Clinic — Bentonville, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse Financial — Rogers, AR • Matrix Racquet Club — Lowell, AR • Benchmark Building TI — Rogers, AR • Playground, Washington Elementary School — Fayetteville, AR • Batteries Plus Bulbs TI — Fort Smith, AR • Discount Tire — Jonesboro, AR • Dazzling Nail Bar — Fayetteville, AR • First Security Bank ATM — Fayetteville, AR • BancorpSouth Renovation — Fayetteville, AR • Discount Tire — Rogers, AR • Walk-On's — Rogers, AR • Walk-On's — Texarkana, AR • Walk-On's — Fort Smith, AR • Jiffy Lube — Springdale, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse Financial — Rogers, AR • Sherwin-Williams TI — Bentonville, AR • Rogers School District, (4) Middle School Outdoor Tracks — Rogers, AR C.R. CRAWFORD `� C❑ N S T R U C T 1❑ N Bachelor of Science, and on schedule. Justin will al Construction Management verify that all work is done wit University ofArkansas, Little Rock, Little Rock, Arkansas SUMMARY OF EXPERIENCE: As Project Manager, Justin will work with your staff throughout your project and will be responsible for the successful outcome of the project. Justin will work closely with you and your project architects to ensure the project begins and ends within budget so work very closely with our Project Superintendent to h quality and safety. 30-Hour Training Certificate Justin is one of C.R. Crawford's most versatile Project Managers. In addition to his Occupational Safety and Health ability to expertly manage projects, Justin is also very adept at cost estimating, Administration allowing him to work closely with our project estimating staff to produce accurate cost estimates and program budgets that will serve to keep your project on track financially. Justin has experience in a wide variety of project types, including K-12, healthcare, federal/military, and premium office spaces. E 000 Dog NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites — Bentonville, AR • Home2 Suites — Springdale, AR • Courtyard by Marriott — Rogers, AR • North Cedar Townhomes —Fayetteville, AR • The Fields at Pinnacle — Rogers, AR • Johnson Square RMP Building — Johnson, AR • Tyson Manufacturing Automation Center — Springdale, AR • Mercy Therapy Services — Rogers, AR • Washington Regional Cancer Support Home — Fayetteville, AR • Johnson Square Medical Office Building — Johnson, AR • Johnson Square Parks — Johnson, AR • Johnston Liner —Johnson, AR • Swetnam TI — Johnson, AR • Highland Middle School Parking — Highland, AR • Huntsville Activities Center — Huntsville, AR • Poyen Career Education and High School Cafeteria — Poyen, AR • Prescott Elementary School — Prescott, AR • Central Utility Plant Shop & Power Center, University of Arkansas — Fayetteville, AR • Washington Regional Cancer Support Home — Fayetteville, AR • Elkins Elementary School Addition — Elkins, AR • Prescott Middle School — Prescott, AR • Lisa Academy Renovation — Little Rock, AR • Little Rock Air Force Base — Jacksonville, AR • Arkansas National Guard Armed Forces Reserve Center — Bentonville, AR • Walmart Neighborhood Market — Ruston, LA • Walmart Neighborhood Market — Shreveport, LA • Walmart Neighborhood Market — Bossier City, LA • CrossMar Industrial Building — Bentonville, AR • Marvell High School Gym Addition — Marvell, AR • McKee Peanut Butter Plant — Gentry, AR • Power Center — Rogers, AR • Storms Orthodontics — Springdale, AR • Verizon Wireless — Moore, OK • McKee Foods Extruder Room Addition — Gentry, AR C.R. CRAWFORD C❑ N S T R U C T 1❑ N 16-Hour EM 385-1-1 Certification ROLE IN THIS PROJECT: 40-Hour EM 385-1-1 Certification American Safety Council As Project Superintendent, Ken will work with the Project Manager to oversee project development by evaluating cost activities and developing and managing the construction schedule. He will manage all on -site personnel, update schedules, manage our quality control program, and administer our safety program. Scaffolding Certification NWA Stormwater Compliance Certification Forklift/Boom Lift Operator Certification Basic Rigger, Carpentry, Core Curriculum, Reinforcing Ironwork Level Two NCCER Curriculum Performance Evaluator CPR/First Aid Certified American Red Cross 30-Hour Training Certificate Occupational Safety and Health Administration SUMMARY OF EXPERIENCE: Having been in the construction industry for 27 years, Ken is one of C.R. Crawford's most experienced Project Superintendents. He is a true leader on a job site and skillfully encourages others to achieve more and provide only their best work. NOTABLE PROJECT EXPERIENCE INCLUDES: • Courtyard by Marriot — Rogers, AR • Home2 Suites — Bentonville, AR • Fairfield Inn & Suites — Catoosa, OK • Everest Rehabilitation Hospital — Rogers, AR • Jiffy Lube — Bentonville, AR • Jiffy Lube — Springdale, AR • Everest Rehabilitation Hospital — Oklahoma City, OK • Hall's Crossing — Springdale, AR • Shoppes at Bella Vista — Bella Vista, AR • Johnston Square Liner — Johnson, AR • Redbird Office Building — Bentonville, AR • Pendergraft Office Building — Fayetteville, AR • Huntsville Activities Center — Huntsville, AR C.R. CRAWFORD `� C❑ N S T R U C T 1❑ N Robert Sharp Principal EDUCATION Bachelor of Arts in British History, University of the South, Sewanee Tennessee,1986 Bachelor of Architecture, University of Arkansas, 1991 PROFESSION Robert Sharp has 30 years of experience in the architectural profession. He founded Courtyard, Building, and Block, LLC in 2014 to specialize in serving the needs of municipalities, and private sector real estate developers working in Infill and New Urban settings. Robert has a keen interest in city and town planning, development economics, and regional architecture. COMMUNITY A native of Fayetteville, Robert Sharp has served in numerous local organizations such as the Planning Commission, Historic District Commission, Downtown Architectural Standards Committee, and Fayetteville Natural Heritage's Green Infrastructure project. Robert is currently serving as Town Architect for Partners for Better Housing, a 501c3 nonprofit corporation that is developing attainable housing in Fayetteville's Walker Park Neighborhood. REPRESENTATIVE PROJECTS Three Sisters Building Robert Sharp served as Project Architect for the Three Sisters Building in Fayetteville Arkansas. The project encompasses three sides of a city block in downtown Fayetteville and includes professional office, retail, and residential uses. The building has become a distinctive local landmark and anchors Fayetteville's Cultural and Entertainment District. Robert led the design team and provided Construction Administration services for the project. Mill District Robert Sharp served as Project Architect for the conversion of an abandoned feed mill into a mixed use development containing professional office, retail, and residential space. The Mill District has served as a catalyst for positive growth in its neighborhood. The Arkansas AIA has recognized the project with an Honor Award for design excellence. The Dickson Robert Sharp served as Project Architect for Underwood Plaza, a seven story mixed use building on an infill site in Downtown Fayetteville. The building was designed to maximize the advantages of its prime location, while minimizing the disturbances from an adjacent railroad track and electrical substation. RMP Building, Johnson Square Robert Sharp served as design architect for RMP Building at the heart of the Johnson Square neighborhood. The three story masonry building contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. Network Building Robert Sharp worked closely with Entegrity sustainability and energy consultants to create the state's first mixed use Net Zero Building. The building contains 28 apartments and 4,000 sq ft of office space. In addition to energy efficiency, good urban design, durability, and access to natural light drove the design process. David McElyea Project Manager a _k f EDUCATION United States Marine Corps 2002 Bachelor of Architecture, University of Arkansas 2006 PROFESSION David has worked at a variety of architecture and design/build companies in his career in Arkansas and Louisiana. David worked on a variety of institutional and multi -family projects during his time at Modus Studio in Fayetteville from 2010 to 2018 REPRESENTATIVE PROJECTS Brick Avenue Lofts, Bentonville Arkansas While working at Modus Studio, David served as Project Manager for this 252 unit multi -family. The project is located on an 11 acre site near downtown Bentonville. Project includes multiple building types, clubhouse and associated amenities. Uptown Fayetteville This urban multi -family project includes 308 multifamily units on 14 acres. Also included is street - side retail, clubhouse, gardens, and local art installations. David worked on design and production for the project while at Modus Studio. Atmosphere, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas. 228 unit - 628 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Cardinal, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas.150 unit - 471 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Beacon Block, Fayetteville Arkansas A three story mixed use building located at the corner of Prospect Street and College Avenue in Fayetteville Arkansas. The project includes 26 apartments and 6,000 sq ft of Office and Retail space at street level. David provided construction drawings for the project. Construction will begin in Spring of 2022. Kara McElyea Architect EDUCATION Auburn University Master of Design -Build 12008 University of Arkansas Bachelor of Architecture, Magna Cum Laude with Honors 12007 PROFESSION Project Manager at BRR Architecture January 2014 - October 2015 Responsibilities: Prototype Manager for the Walmart Neighborhood Market Haag Brown Commercial Real Estate and Development November 2015 - July 2018 Responsibilities: Producing concept designs and site layouts for all new development opportunities REPRESENTATIVE PROJECTS FFO Home - Multiple Locations (20+/-) Starbucks Retail Centers - Multiple Locations (20+/- ) Tacos 4 Life - Multiple Locations (20+/- ) The Reserve at Hill Park - Jonesboro, AR (27 acre office park) Haag Brown Office - Jonesboro, AR Multiple Retail Developments (20 -100 acres) Adult Education Center - Trumann, AR Parkwood Retail Center - Jonesboro, AR 7,300 SF three -suite retail space East Johnson Medical Offices - Jonesboro, AR 6,600 SF two -suite building and 2,400 SF free standing building Ha-Ro-Co Fire Station - Harriet, AR Reconstruction of an existing volunteer fire station Nestle Activation Center - Rogers, AR 12,000 SF offices with demonstration kitchen and mock up retail space BNSF Railway Offices - Various Locations 1,500 to 3,200 rail office replacements St. Mark's Episcopal Church - Jonesboro, AR 2,700 SF renovation of entry sequence for existing church Dell Fire Station - Dell, AR 5,600 SF four -bay volunteer fire station Vetro 1925 - Fayetteville, AR 4,700 SF restaurant in historic downtown building First United Methodist Church - Greenbrier, AR CA I renovations and classroom additions to an existing church Baxter Heathcare - Mountain Home, AR DD, CD, CA, project renderings I loading dock addition to an existing manufacturing facility Off -Grid Emergency Housing SD, DD, CD, CA I design and construction of 320 SF emergency housing unit out of a shipping container Evan Douglas Project Manager EDUCATION Bachelor of Science in Architectural Studies, University of Arkansas, 2015. PROFESSION Evan Douglas has worked as an architectural designer on various single and multi -family residential projects, with a focus on small-scale and infill development. His work is centered around architecture that is elegant, economical, and resilient. REPRESENTATIVE PROJECTS HillAvenue Townhouses Hill Avenue Townhouses is a collection of seventeen townhouses near the University of Arkansas campus. The two and three story townhouses all feature private outdoor living space. Evan provided design and construction document services for the project. Pharm II Townhouses Evan has provided design and construction drawings for six urban townhouses in B Street in Downtown Bentonville Arkansas. The Pharm II townhouses are designed for a narrow site and feature garage parking, a lofty living floor along the entire second floor and a generous suite at the third floor, including a private terrace. Dunn and Davis Dunn and Davis features twenty three townhouses on a quarter block in Downtown Bentonville. Many of the units feature private garages and balconies. The core of the site is a landscaped courtyard that creates an intimate oasis in a dense urban setting. Evan provided design and construction document services for the project. Wheeler District Houses Wheeler is an emerging mixed use neighborhood in Oklahoma City, located on the site of the former airport. Evan developed housing prototypes for the project and created construction documents for a series of new houses. This work at Wheeler is on -going as they expand into their second phase. Briartown Cottages Evan participated in the design charrette for Briartown Cottages, a project funded by the Walton Family Design Excellence program. After design work was complete, Evan created a set of consistent construction documents from the work of various other architects. 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ICA OFFICE OF THE CITY ATTORNEY Received by Kit W 10/ 11 /22 at 2:44 Ply DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Kara Paxton, City Clerk/Treasurer Paralegal Susan Norton, Chief of Staff �! r FROM: Kit Williams, City Attorney DATE: October 11, 2022 RE: Letter of Intent or Contract with Reindl Properties, Inc.? First, let me assure everyone that I am not opposed to whatever building the City Council may wish to authorize to be built on the south side of the future civic plaza which is now probably the most valuable, developable property in Fayetteville and all of Northwest Arkansas. Right now as the landowners of the Walton Arts Center parking lot, the City Council has full power to decide exactly what type of building (if any) should be constructed on the south side of the plaza and what type of business should be operated in this building to ensure the building and its operation would be in the best interests of our city and its citizens. The Mayor, Chief of Staff and the City Council Members in office in 2020 will probably remember the Letter of Intent presented to the City Council by Greg House concerning the Parking Deck. That was actually a true Letter of Intent as it clearly stated that no terms of the Letter of Intent were enforceable, but only presented as possible future terms for a future contract. The agreement titled "Letter of Intent" with Reindl Properties, Inc. has no such statement that it is not enforceable. Indeed, this "Letter of Intent" is loaded with numerous mandatory terms which either the City, Reindl Properties, Inc. or both must obey. These mandatory terms clearly make this a contract rather than an Letter of Intent. For example, paragraph 1 The Building of this agreement states in subsection: A. "Reindl will construct..." B. "the Building will be substantial..." C. "The Building will have three primary facades... All primary facades will be attractive, well-proportioned, and constructed of high quality materials..." D. "The Building shall be designed and built in substantial compliance with the drawings..." All of the bolded "wills" and "shall" noted above are mandatory contractual language. This is not the tentative language of an unenforceable Letter of Intent. This is the mandatory language of an enforceable contract, which is what this mislabeled "Letter of Intent" actually is. In Paragraph 6, Parking, this "Letter of Intent" states that the "City agrees to lease or provide access to city's excess parking spaces... This places the contractual duty on the City to lease or provide access to "city's excess parking spaces." In Paragraph 9. Land Purchase A. "Reindl will purchase land for the Building from the City in the approximate location as reflected on Exhibit G." Although the "exact legal description of the land to be conveyed shall be determined by a survey," the property to be sold to Reindl will be as shown on Exhibit G. So, despite that no legal description has yet been created, this "Letter of Intent" requires that the property to be sold will substantially mirror Exhibit G. Thus, this "Letter of Intent" controls one of the most important parts of any land sale contract, the approximate location and amount of property to be conveyed. B. "The purchase price for the land shall be the fair market value for the property as determined by a third party real estate appraiser..." The City must accept the appraiser's valuation and sell the property to Reindl for that amount even if we disagree. Thus, both the sale price (the to -be -appraised value) and approximate location and amount of land to be sold are permanently decided by this Agreement even though it is incorrectly referred to as only a "Letter of Intent." Finally, paragraph 14 Public Communication and Outreach Event requires that "Reindl shall present the design of the Building to... the general ,public for review and comment... within 4 weeks of acceptance of this Letter of Intent." This is too late for any meaningful public review and comments. The proposed Letter of Intent already requires that The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B, and C...." Once the Letter of Intent is accepted by the City Council, the Building's design and construction will have been decided and must comply with the designs shown on Exhibits A, B, and C. Later public comment cannot change the Building's basic design, location, size or construction materials. Any real and effective public input or comments about this proposal must come BEFORE the agreement on the building's design, location, size, and construction has been settled by this "Letter of Intent." 2 CONCLUSION With no language used in Greg House's earlier Letter of Intent that it is not enforceable to be found in Reindl's "Letter of Intent," and with all of the mandatory language and requirements within this document, this is clearly a contractual agreement regardless if mislabeled as a "Letter of Intent." This proposed agreement sets forth and settles the primary and most important terms and conditions for the development and construction of the Building. These may be potentially fleshed out by a few minor adjustments around the edges of the agreement, but no significant changes will be possible. Although the price of the land is not yet revealed, the City will be committed to accept the land appraiser's decision whether or not the City Council believes it is fair market value. There will be later, more detailed agreements for City Council approval, but these are mainly ministerial or technical because they must comply with the decision you make on this initial "Letter of Intent" which will control all later agreements. Your initial decision on the "Letter of Intent" (which could include major changes or clarifications required by the City Council before it is agreed to) is the only opportunity to control whatever commercial development the City Council may wish to see on the south side of the civic plaza for at least a century. Therefore, the City Council's decision should be very measured, careful and informed. That decision should follow, not precede the public notification, outreach, and comments about the design, size, location, building materials and allowed commercial uses for this building. The City Administration has worked long on this proposal as has Reindl Properties, Inc. But the City Council has its own powers, duties, and responsibilities to ensure that the City receives the best development benefiting the taxpayer funded Twelve Million Dollar plaza and our citizens as possible. The City Council should move not only carefully, but slowly to give citizens and businesses plenty of opportunity to review and publicly comment upon the many important parts of this agreement before it is approved. Received by Kit Willin m e 10/17/22 at 3:53 pm. DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Kara Paxton, City Clerk/Treasurer Jodi B/atker iiiP[i[E`�fi1 Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: October 17, 2022 RE: Salving the Letter of Intent Issue The Reindl Properties, Inc.'s Letter of Intent v. Enforceable Contract issue could easily be resolved if this document included the "Non -Binding Agreement" language used by Sage Partners in their January 14, 2020 "Letter of Intent for an offer to sell the below -referenced property (for the City's Parking Replacement Deck) under the following terms and conditions." Immediately above Mayor Lioneld Jordan's signature, this Letter of Intent states: "Non -Binding Agreement: "This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above." This Non -Binding Agreement language could easily be added to Reindl Properties, Inc.'s current proposed document which would then transform it into a real, non -binding Letter of Intent. At that point, the public would know what Reindl Properties, Inc.'s and the City Administrations proposed basic terms of Reindl's development would be. That would be the proper time for public outreach and input because the developers and City's major proposals about the building's location, height, size, design, construction materials and uses will be known, but will still be open for any desired changes and modifications. If such Non -Binding Agreement language is rejected, then it is clear that Reindl Properties, Inc. and/or the Administration do indeed propose not a Letter of Intent, but an enforceable contract which decides all major development issues for this proposed seven story building. I should also note that Black's Law Dictionary, 11w Edition defines a "Letter of Intent" as "a noncommittal writing preliminary to a contract. A letter of intent is not meant to be binding and does not hinder the parties from bargaining with a third party." Without the addition of the "Non -Binding Agreement" language, the Reindl proposal is not a true Letter of Intent, but a mislabeled contract. Received by Kit 10/18/22 12:24 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Kara Paxton, City Clerk/Treasurer Jodi Batker Susan Norton, Chief of Staff Paralegal FROM: Kit Williams, City Attorney DATE: October 18, 2022 RE: Possible Issues in "Letter of Intent" with Reindl Properties, Inc. Every significant (multimillion dollar) development contract will have many considerations and terms that can substantially affect or influence the desires of the buyer and seller which usually have somewhat different perspectives and objectives from each other. The City and Reindl Properties, Inc. are certainly not "partners" in any legal or usual sense of that word, but that does not mean we cannot work together in both of our interests for a financially successful and publicly appealing and satisfying development project on the south side of the plaza. That being said, as Fayetteville City Attorney, I need to review the terms of the proposed agreement titled "Letter of Intent," but which as I pointed out in my earlier memo is actually a very enforceable contract. I will point out in this memo some terms that give me concerns that the City Council may wish to consider City Council Powers As Landowners of the Plaza The City Council now has the power to decide exactly what size and type of building you will allow the purchaser of City property to construct on that city property until the property is sold or legally committed to be sold. Once the Council agrees to the Letter of Intent as currently presented, its powers to make any changes in the design, size, height, location, or construction materials, in the Building will be gone. Prior to agreeing to the Letter of Intent, you may decide what specific uses of such building shall be allowed or even shall be required. Such requirements should be included in deed restrictions and thereby enforceable against the buyer and any later owners of this property. Once the Council agrees to sell the property by approving this "Letter of Intent" as currently presented, your opportunity for any further influence on the building's design, size, height, or location will be gone. There will be some later agreements that the City Council will need to agree to, but all their terms will be controlled by this "Letter of. Intent." No change of any significance could be required by the City Council. Thus, the City Council has this one chance to ensure whatever building it decides would be best for Fayetteville is built and what will be the best type of businesses to be allowed or mandated to be operated in it. That chance is now before agreeing to any Letter of Intent which is actually a mandatory contract in which the most important decisions will already have been made. The design, size, height, location and construction materials of the building will also be firmly and permanently authorized as depicted in the drawings which are exhibits to the Letter of Intent. I need to ensure you realize that Reindl Properties, Inc. does not have to agree to any changes that the City Council may desire to be made in the Letter of Intent. To succeed, this development agreement must be both financially sound for Reindl and very advantageous for the City and our citizens. Contract Terms that Need City Council Consideration The first paragraph of the proposed agreement "The Building " states in its subparagraph A: "Reindl will construct a multi -story Mixed Use Building (the 'Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. The Building may include other uses as necessary to meet the financial goals of the project. The following Use Units will be allowed, subject to City's approval." This language is somewhat unclear when the proposal states: "The Building may include other uses as necessary to meet the financial goals of the project... (but then states) "subject to the City's approval." The developer could argue that a certain use unit is "necessary to meet the financial goals of the project." Would the City Council still have the legal right (without paying any damages) to deny Reindl Properties, Inc's stated financial necessity of including one of these fifteen Use Units? This issue should be clarified before any contract is agreed to. The "hotel uses" in this "Mixed Use Building" could be very small and still comply with this Agreement. Requiring actual restaurants with outdoor service and dining serving areas would ensure the positive interaction with the plaza I thought that the City and City Council want from this building. If so, clarity in this agreement would ensure a primary reason for allowing such building on City property is actually realized. Merely allowing "hospitality spaces," provides no such assurance. 2 The City Council may wish to ensure that the architect's goal and drawing showing a roof -top restaurant/bar will actually be built and operated. As owners of this property, the City Council now has the power and right to require much more clarity about how the proposed Building will be used. You could require the construction and operation of the rooftop restaurant/bar as part of the agreement to sell. Once you have agreed to the currently proposed "Letter of Intent," most of such power and authority over this possible project will be lost. The currently proposed Letter of Intent does not actually require nor ensure that the proposed building will contain restaurants. Instead Reindl Properties, Inc. or its later owners may operate pursuant to any of the possible uses it desires within the fifteen broad Use Units identified in the first paragraph of the "Letter of Intent." Is that scenario okay with the Council? If not, the use units of the "Letter of Intent" need to be significantly limited and focused upon only the type of businesses desired by the Council to be carried out in the building. Before your approval of the proposed Letter of Intent (contract), you may even designate what uses would be allowed in different sections or floors of the building. For example, the City Council could specify that only hotel, bar, and restaurant uses will be allowed on floors two through six. You could specify that the restaurant area shown on the first floor on Exhibit F as "Restaurant" and "Cafe" operate as such eating establishments throughout the life of this building unless the City Council agrees to any proposed changes. The proposed Letter of Intent allows fifteen broad Use Units to be selected by Reindl Properties, Inc. for this building "to meet the financial goals of the project." You might deem some of these proposed uses to not be the best use of this City's most valuable, developable and impactful property. For example, the first Use Unit listed in the "Letter of Intent" is Unit 4, Cultural and Recreational Facilities. That Use Unit allows a crematorium and a mausoleum. Should those uses be allowed in what is supposed to be a large hotel with restaurants 'and retail shops? Why include such allowed uses which are incompatible to the hoped for project? I should note that the "Letter of Intent" may be interpreted to authorize Reindl or his successors to enjoy the authority of Use Unit 35, Outdoor Music Establishment as a use by right. This sensitive use has always been only a Conditional Use to be separately approved by the Planning Commission with any necessary time and date restrictions. Unfortunately, this "Letter of Intent" does not refer to Use Unit 35 as a conditional use and thus appears to make it a use by right with no conditions. As owners of the property, the City Council could and possibly should authorize the Outdoor Music Establishment Use Unit to be subject to the City Council's conditions concerning days allowed, periods of time allowed, more strict volume 3 controls than just the Noise Ordinance, etc. The City Council should retain the legal right to change those conditions by Resolution as part of the land sales contract and deed restrictions to ensure the City Council will always retain the final word on outdoor amplified music which could otherwise often dominate the plaza and disturb the plaza's ambience for many citizens. If requested by Reindl Properties, Inc., the land sale agreement and deed restriction could place an upper hourly time limit on nightly outdoor amplified music from the building's property to ensure hotel guests would not be disturbed after 10 or 11 P.M. or some other mutually agreeable time. This provision needs careful consideration and probably limitations to protect the public visiting the civic plaza. The whole paragraph one of this agreement should probably be redrafted. Controlling Outdoor Amplified Music from the Building toward the plaza is so important that I recommend that the Council issue and control the terms and conditions for such outdoor amplified music itself rather than initially allowing the Planning Commission to issue a conditional use permit pursuant to §163.10 Outdoor Music Establishments of the U.D.C. Liquor stores which are only allowed by a conditional use permit in many zoning districts also appear to be permitted by right to sell whiskey, wine and beer from the Building on the plaza by this "Letter of Intent." Even if the Council decides a liquor store is appropriate for the plaza, the City Council may want to limit the size and hours of operation for such liquor store because of its presence on the plaza. This would require more redrafting of this agreement. Paragraph 1. C. refers to the "to -be -vacated Spring Street right-of-way to the south..." Such right-of-way still seems very useful for the City for its firetrucks and other emergency services as well as more protected right-of-way toward the apartments just north of the railroad tracks. Why would the City vacate this right-of-way just to give it to Reindl Properties, Inc.?" Paragraph 6. Parking of the proposal is certainly a concerning issue. The statement that the "hotel will create parking demand for those off-peak times..." is certainly suspect. Hotel guests normally check -in around 4:00 to 5:00 P.M. and thus need parking from then until check out in the morning. It is clear that virtually every hotel guest will need parking during the highest, peak demand for parking in the Entertainment District which is 6:00 P.M. until 2:00 A.M. Is it reasonable to assume that hotel guests will want to access valet parking to the far away Police Department lots south of the Town Center Parking Deck? With the public parking deck on Spring and School a short and easy walk from the proposed hotel, that inexpensive parking ($5.00 a night until 2:00 P.M. the next day) will be filled with hotel guests as well as hotel and restaurant staff before most diners would arrive to look for public parking. Fayetteville taxpayers who built that parking deck will find it filled as well as probably much of the on -street paid parking spaces near West Avenue. We will have saved the hotel developer millions of dollars by not having to build its own structured parking by allowing hotel guests and staff to monopolize what are now public parking spaces for citizens and visitors wishing to eat and drink in the Entertainment District. This proposed lack of adequate new private parking for hotel guests and restaurant and hotel staff is not a smart parking strategy for the City. This difficult issue needs considerable additional careful study before this agreement should be approved. Under Paragraph 8 Sustainab_�, the Reindl Letter of Intent speaks about its "building that lasts several hundred years..." This is obviously hyperbole, but it should highlight the long term consequences of the City Council's important decision about the choice of any development approval. Careful study of the proposed contract and its promised development is essential before any decision would be warranted. Paragraph 10. Infrastructure A. "Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer, to the Building site shall be evenly split..." (emphasis added) The City is constructing or paying Reindl to construct a publicly accessible bathroom attached to his building near his largest restaurant. Thus, extended water and sewer mains provide some benefits to the City. The newspaper reports that this seven story hotel may contain 134 rooms (each with a bathroom and shower). Of course, Reindl Properties, Inc.'s Exhibit F also shows two restaurants. Because of state fire codes, the proposed building will likely have to have a full building, room by room fire suppression water sprinkling system connected to a water main of sufficient size to supply this sprinkler system. So for far less than 1 % of total water and sewer needs, this contract places 50% of the costs to build the large water and sewer mains this Reindl building will need on the City's taxpayers. This is not illegal, but another current contractual requirement that may need City Council consideration. There is plenty of unused city property space southeast of the hotel and northwest of the Spring & West intersection on the plaza that could be used for the public bathroom. This stand alone facility could be served by inexpensive water and sewer service lines rather than expensive mains. It would also cost our taxpayers much less to build because we would not be charged a "pro-rata share of the cost of foundations, structure, roof and exterior walls as well as the electric, plumbing and HVAC equipment and service" of the seven story hotel as required by the current contractual requirement of the Letter of Intent. 5 A small single story bathroom near West Avenue would not need the massive foundation that a seven story hotel built over a creek would require. I am sure that the City's contractually required "pro-rata share" would not be as unfair as the 50% of the costs for the construction of the very large water and sewer mains to serve the seven story hotel when our bathroom would require less than 1 % of such services. However, building our own bathroom on our own land would avoid any disputes about what our fair pro-rata share should be and also make it clearer to persons on the Plaza that this is a public bathroom, not one for the hotel and its guests. COUNCIL DISCRETION REMAINS One final note, a committee composed of a single Council Member (Petty), some City Staff and others worked with the architects that presented drawings of possible designs of the civic _plaza to the whole City Council. At some point, the ad hoc committee apparently selected the design showing a large building on the south end of the plaza. I stand to be corrected, but I do not remember any design being officially approved by the City Council by a Resolution or other official action. If such Resolution does exist expressing the Council's decision to adopt the design showing the large building on the southern end of the plaza, I would very much like to see it. Regardless, the design of the plaza was certainly not part of the bond or ballot language for this project which would be the only way to make such design legally enforceable. Therefore, the current City Council retains full authority and discretion to support and authorize either the design presented with the "Letter of Intent," or any other design for the plaza south of the building site already conveyed to Greg House & Ted Belden including no building site on the south side. The allowed height, size, design, location and uses of any building allowed to be built on the southern portion of the plaza clearly remain within the current City Council's discretion and authority. G CONN R WINT RS 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 Received by Wade Abernathy 10/18/22 2:35 pm. Vicki Bronson I Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com cwlaw.com MEMORANDUM To: Susan Norton Wade Abernathy Date: October 18, 2022 Re: Letter of Intent with Reindl Properties, Inc. — binding effect I agree that the Letter of Intent is intended to be a document that is binding on the parties, assuming all conditions are met. The advantage to the City is that it has a written commitment from Reindl to move forward with the project. Otherwise, the City could spend many months working on this project with no commitment from Reindl to build the hotel and he could simply walk away. Likewise, Reindl does not want to spend time and resources pursing the project if the City could walk away at any time. Just like most agreements, there is the possibility the deal will not work out. For example, the City and Reindl might disagree over the final plans and specifications [Reindl might try to materially alter the proposed design and the City might not approve it], Reindl might not be able to obtain financing, etc. As far as the uses, final plans and specifications, those are subject to the City's approval through the PZD process. The purpose of the Letter of Intent is to have a document in place that sets forth the material terms of the agreement between the City and Reindl. If there are other terms the Council believes should be included in the document, we can easily add them. Sincerely, /s/ Vicki Bronson Vicki Bronson Conner & Winters, LLP I Attorneys at Law I cwlaw.com Tulsa I Oklahoma City I Northwest Arkansas I Dallas I Houston I Washington, D.C. 2022-0919 Information submitted by Arts and Cultural Director, Joanna Bell, via email during the City Council meeting on 10/18/22. The Fayetteville Arts Council To: Fayetteville City Council From: The Fayetteville Arts Council: City Council member Sonia Harvey, Arts Council Chair Jessica DeBari 06/30/24, Chloe Bell, Arts and Culture Citizen -at -Large 06/30/25; Abby Hollis, Working Artist 06/30/25, Lara Hightower, Arts and Culture Citizen -at -Large 06/30/25; Robert Stafford, Working Artist 06/30/25; Dwain Cromwell, Working Artist 06/30/23; Emily Miller, Working Artist 06/30/24; Alexandra Vasile, Arts and Culture Citizen -at -Large 06/30/23. Date: 10/18/2022 Re: AGENDA ITEM REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE Comments: The Fayetteville Arts Council met with Rob Sharp this July to discuss arts integration in the planned hotel and civic plaza proposed for construction. The citizens of Fayetteville expect the arts corridor to serve as a cultural space that will enhance quality of life for all our citizens, not just visitors to our city. During our meeting with Mr. Sharp we were pleased that he was receptive to a series of proposed public/private art integrations which will ensure that the hotel and plaza mixed use spaces fulfill citizen's expectations for arts and culture. We are hopeful that some of the ideas discussed will be integrated into the project in a meaningful way. The first planned integration would be to form a specific "Ramble Hotel Artists Collaborative Committee" within the Arts Council, which would consult and advise on local artists who may display their work in the lobby gallery space of the hotel. A potential artist residency aspect for the hotel was also discussed, and we are eager to drive further discussion of the implementation of such a program. Rotating local artist installations were also discussed for dining spaces. We discussed the visual need for an artistic endpoint to the water feature of the civic plaza. Mr. Sharp expressed an agreement that this visual endpoint of a sculpture/installation/or fountain would make sense at the west point of the water feature. However, we have not been able to have a follow up meeting about where funding might come from toward purchasing such a piece. It is our recommendation that an artistic feature for this location be integrated in the civic plaza as a part of the final plan. The final part of the plan which we discussed is programming. We are so pleased that Mr. Sharp is planning to support performing art programming in partnership with and other local performance venues. We are hopeful to see more details about potential performance settings and schedules as an integral part of the mixed -use spaces. The Fayetteville Arts Council is broadly supportive where development projects enhance and provide opportunities for our local arts community. CONN R WINT RS 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 cwlaw.com MEMORANDUM To: Wade Abernathy Susan Norton Date: October 27, 2022 Re: Letter of Intent with Reindl Properties, Inc. — updated Received from Wade Abernathy 10/28/22 at 11:32 am. Vicki Bronson I Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com Attached is an updated Letter of Intent with Reindl Properties, Inc. The primary changes since the previous draft are as follows: 1. Language was added to Paragraph 1 to clarify potential permissible uses and prohibited uses. I say "potentially permissible" because the ultimate construction of the building and permitted uses is subject to City's regulatory processes. Updated language states the building must contain a minimum of one restaurant, cafe, or coffee shop. 2. Language was added to Paragraph 9(B) and (E) pertaining to the selection of an appraiser or appraisers for the land purchase and the easement property, if necessary. 3. Language was added to Paragraph 9(D) to clarify conditions required for the sale of City's real property to Reindl. 4. Paragraph 11 was revised to provide that Reindl is to complete the City Restrooms to a "white box" finish, with the City responsible for finish out by a contractor of its choosing. 5. Language was added to Paragraph 12 to clarify the City retains control of the Plaza and stage. 6. Language was added to Paragraph 16 to "beef up" the point that either party may terminate the Letter of Intent if the other party does not substantially comply with its obligations under the agreement. 7. Paragraph 18 was added to clarify the Letter of Intent may be modified by written agreement of the parties. Let me know if you have any questions or need additional information. Sincerely, /s/ Vicki Bronson Vicki Bronson Conner & Winters, LLP I Attorneys at Law I cwlaw.com Tulsa I Oklahoma City I Northwest Arkansas I Dallas I Houston I Washington, D.C. Received from Wade Abernathy 10/28/22 at 11:32 am. LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G ('the "Property"), the exact legal description of which to be determined by a survey and final agreement of the parties. The basic terms of the agreement are as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, including a minimum of one restaurant, cafe, or coffee shop. The Building may include additional uses as necessary to meet the financial goals of the project. The following Use Units may be allowed, subject to the City's prior approval in conjunction with the City's processes and procedures for considering and approving zoning, development, licenses, and permits, including conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, the following uses will not be permitted on the Property (the "Prohibited Uses"): crematorium; mausoleum; funeral home; furniture repair and refinishing; taxidermist; vape shops; body piercing/tattoo; gunsmith; animal hospital; animal day care; day care; bail bonding agencies; hospital; vehicle sales; convalescent home; boarding/rooming housing (other than is typically associated with hotel use); dormitory; fraternity/sorority housing; and slot car track. Any deed from the City conveying the Property to Reindl will contain a restriction against the Prohibited Uses and the restriction will be a restriction that runs with the Property for a minimum of 75 years. C. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. D. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. E. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor -outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, cafe, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building containing a hotel will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City. 5. Benefit to Local Merchants and Downtown Business Owners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to City's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loading and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 3 9. Land Purchase: A. Reindl will purchase the Property for the Building from City in the approximate location as reflected on Exhibit G. B. The purchase price for the Property shall be the fair market value for the Property as determined by a third -party real estate appraiser to be selected by both parties. If the parties cannot agree on an appraiser, then each party will select an appraiser and the two selected appraisers shall select a third appraiser. In that event, the purchase price for the Property will be the average of the three appraised values. C. Costs of the appraisal(s), surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the Property is specifically subject to the following conditions: (1) Reindl to have obtained a Building Permit from City that complies with the terms and intent of this Letter of Intent and pursuant to City's processes and procedures for considering and approving PZDs; (2) Reindl shall have complied with all other terms and conditions of this Letter of Intent; and (3) the parties' agreement on the form of the real estate contract. E. Reindl shall convey real property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use price. To the extent an appraisal is required under this paragraph, the appraised value of the easement(s) shall be included in the appraisal(s) conducted pursuant to Paragraph 9(B). F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. 4 C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms to a "white box" finish and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms as a white box finish and the storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City, and deducted from the Purchase Price at Closing of the real estate transaction. Reindl is responsible for completing and delivering the City Restrooms in a white box finish and City is responsible for contracting for and paying the costs to finish out the interior of the City Restrooms as it deems appropriate with a contractor of its choice. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12. Adjacent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. City retains complete control of the Plaza and stage. No use of the Plaza or stage is guaranteed; Reindl may seek permission to use the Plaza or stage utilizing the City's processes as required by any member of the public. 13. Opportunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July 1, 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void and neither party shall have any obligations to the other party. In addition, if either party does not substantially comply with the terms and conditions of this Letter of Intent, the other party may, at its sole discretion, declare this Letter of Intent null and void, and neither party shall have any obligations to the other party. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty-four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for construction or construction estimates for the City Restrooms and storage space. The provisions for selection of appraisers contained in Paragraph 9B also apply to this Paragraph. 18. Modification. The terms and conditions of this LOI may be amended at any time prior to any conveyance of the Property to Reindl by a writing executed by both parties. CITY OF FAY TiEVILLE BY: Attest: - 1 � Jordon, May)6r�, Oty of Fayetteville r Date •' - T r aa� City Clerk ��herl u: FAYE i TEVILEE; A mate REINDL PROPERTIES, INC. r�r���►►►►t {y; ti►►►+���� By Brian Reindl, President, Reindl Properties, Inc. Date 7 I; r pill Ol SE rommElm miims nrr 1 ale w . moll IT Rill l� N it ■i I ■■ ■ i# ■ 1m t �� yy r i EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL ■RICK CORBELING W PARTRT R10 SEVEN EYE NTX %iORy WI WIN Dowl T Rr< FAINTED FIRSE CEMENT INDUSTRIAL STYLE. OIVIOEO LIG NT WINDOWS EEO BRICK VENEER VIEW FROM NORTHEAST CAST &RICK VENEE ROOF TERRAC BEICR CORBELING AS P AEA PES AND BELOW ... Si ORY WINDOWS INDUSTRIAL STYLE._ DIVIDED LIGHT WINDOWS RED BRICK YENEER- FAINIED FIBER CEMENT VIEW FROM NORTHWEST EAE-FINIBNED METAL PANEL SVSTEM SERE■ BRICK VENEER .i•I.1 RE LSE W-[Y: CHARCOAL COLORED FROM SPOT ■RICK VENEER 111111111111100 48 ALUMINUM TRAMED WINDOWS _ lNAMEI•PAINTEU A STEEL STRUCTURE ATED WOOD SLAT BAR GRATE CHARCOAL COLORED IRON SPOT ■RICK VENEER ALUMINUM FRAMED WINDOWS STEEL TAR GRATE RE-SINISHEO METAL ANSYSFIM IMULATED WOOD LAY J 01 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CHARCOAL COLORED IRON SPOT BRICK V IN LEE STEEL VAR GRATE- J PRE.FIHISNED METAL PANEL SYSTEM mom PRE -FINISHED META PANED, SYSTEM VIEW FROM SOUTHEAST SIMULATED WOOD SLAT-116 14 ALUMINUM FRAMED WINDOWD CHARCOAL COLORED IRON SPOT BRICK VENEER SIMULATED WOOD SLAT PRE -FINISHED METAL PANEL SYSTEM COVE-ED DROP OF; 6R1CK CORSELLIN.G AT PARAPET /IEL0 BELOW SEY BRICK CORBELLING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE -DIVIDED LIGHT WINDOWS -RED BRICK VENEER PAINTED FIVER CEMENT 10 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine TheatreSquared Baum aw Grub's Walton Arts 1A 4% 11 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE k Yi .i{i I 12 EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES -s SPRING STREET SIDE 4O9-2?AM 13 EXHIBIT G EXHIBIT G BURNING ENVEl21PE TO STAY 3'-0'CLEAROF_E� :• a PROP09EDGPEFMNAY `�!, � SPAL E,LrtYLWM1E� .......�............... ..... PEGPAett S1lE I• PRQAOHEG IAT j .� BPLRBOl1NE0.RY� PROPOSED LOT SPLrr DEVELOPER AGREEMENT JULV is, 2022 14 BEA OFFICE of THE CITY ATTORNEY Received by City Attorney Kit Williams 10/31/22 at 12:53 pm. DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kit Williams City Attortiey Blake Pennington Assistant City Attorney CC: Kara Paxton, City Clerk/ Treasurer Jodi Batker A�tradE��zi Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director FROM: Kit Williams, City Attorney (a�:� DATE: October 31, 2022 RE: Council Member Sarah Bunch's question answered Why did the City receive only one response to our Request For Proposals to construct a building on the south end of the Plaza? Council Member Bunch's question deserves a direct answer as negotiations on Mr. Reindl's proposal continue. A year and a half or so ago, I heard that staff was considering issuing a Request For Proposals (RFP) for a potential building on the southern end of Walton Arts Center Parking Lot as part of the Plaza. I had already seen designs or plats that showed that Mr. Reindl owned the abutting property south of the building site which would be essential for access to any commercial building by food service and garbage trucks. No other independent entity could access this building through Mr. Reindl's property. Thus, an RFP process would be an exercise in futility as only Mr. Reindl could feasibly make a proposal. It could hardly have been a surprise when the Administration did submit a Request For Proposals that only Brian Reindl submitted a proposal. In order to allow anyone else an opportunity to realistically submit a proposal for development, the site of building would need to abut city right-of-way (West Avenue) just as the other building on the Plaza abuts Dickson Street. This does not mean that the City Council cannot negotiate a mutually beneficial development contract with Mr. Reindl even though no other developer can reasonably develop at that most southern cite. Received by Joanna Bell 11/01/22 at 10:58 am. The Fayetteville Arts Council To: Fayetteville City Council From: The Fayetteville Arts Council: City Council member Sonia Harvey, Arts Council Chair Jessica DeBari 06/30/24, Chloe Bell, Arts and Culture Citizen -at -Large 06/30/25; Abby Hollis, Working Artist 06/30/25, Lara Hightower, Arts and Culture Citizen -at -Large 06/30/25; Robert Stafford, Working Artist 06/30/25; Dwain Cromwell, Working Artist 06/30/23; Emily Miller, Working Artist 06/30/24; Alexandra Vasile, Arts and Culture Citizen -at -Large 06/30/23. Date: 10/31/2022 Re: AGENDA ITEM REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED -USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE Comments: Below is a correspondence sent to Mr. Rob Sharp from the Fayetteville Arts Council: Mr. Sharp, Thank you again for taking the time to meet with the Fayetteville Arts Council about your intended hotel project as part of the arts corridor plaza. We acknowledge the language incorporated in the letter of intent "Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art." Since listening to excerpts from the previous City Council meeting, we understand now that this letter of intent will function as a contract. For that reason, we would like to request that you incorporate more specific language about the role art will play in the planned structure. Since the bond project was pitched to the public as being focused on developing the arts ecosystem here, we feel that it is our role to ensure that art does become a part of the function of structures being installed in the arts corridor. This should not be an impediment to success, but rather a buoy. We have the example right here, with 21C Hotel, that if you make art the focus for a hotel, it can make it a destination in its own right. There are some key takeaways from our discussion which we are hopeful that you will include in the next iteration of your project going before city council. Specifically, we would want to make sure that Reindl does not just provide a location for public art display, but fully incorporates a space with gallery lighting, a small annual budget percentage toward local artists installations or residencies, and staff dedicated to proper handling and hanging of work. The Fayetteville Arts Council can offer our volunteer time by forming a subcommittee which will evaluate work for installation, but our hope is that Reindl can match that with hours from their staff for handling, installation, and de -installation of work. We also feel that it would be appropriate to ask that a minimum of 4 installations happen each year, with 4 accompanying openings. We would also like to request that more specific language be incorporated regarding where visual art and performing arts will be incorporated in the building. Regarding the lack of a visual endpoint for the water feature in the plaza leading up to the hotel, we are hopeful it is possible to incorporate language about a public/private funded partnership toward installing a sculptural piece at that point. If the city's arts and culture department can procure an amount toward that piece, we would ask that Reindl promise to make a matching contribution. The final point we believe needs to be addressed is parking. This was the sticking point that came up which stalled approval. Although it is not specifically arts related, we see the impact that it would have on the two large scale performing art spaces on West. We do feel that it would be beneficial to future arts programming at this site if the hotel did include a shuttle to and from nearby parking garages as part of its overall operating budget which could be offered to patrons who would like to see current exhibits at the hotel or used for guests on heavy booking weekends. Thank you so much for all of the hard work you are doing. We realize that this is a difficult process, but we are confident that if the arts become an integral part of the function of the hotel it will elevate the hotel's success and impact in the community. Thank you, Fayetteville Arts Council z ICA OFFICE OF THE CITY ATTORNEY Received by City Attorney Kit Williams 11/01/22 at 12:46 pm. DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Kara Paxton, City Clerk/Treasurer Paraiegzl Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director Vicki Bronson, Attorney FROM: Kit Williams, City Attorney DATE: November 1, 2022 RE: Improvements to "Letter of Intent" I would like to thank Attorney Vicki Bronson for her proposed improvements to the initial "Letter of Intent." I did not receive a copy until I returned to work on Monday. This new proposal is an improvement and certainly provides more clarity in paragraph 1. The Building A. However, when it comes to outdoor amplified music, I recommend that the City Council maintain for itself the full discretion for the hours, days and volume to be allowed (if any). Citizens visiting this expensive Cultural Arts Plaza could be adversely affected by outdoor amplified music played by the hotel or its restaurants even if limited to the Noise Ordinance maximums. I recommend removing "Outdoor Music Establishments" from paragraph 1. A. and creating a new 1. B. (and renumbering the remaining subsections) to read as follows: "B. The Fayetteville City Council retains the contractual and legislative right now and continuing after any conveyance of the Property through a deed restriction to prohibit or to permit within regulated limitations any hotel, restaurant, coffee shop, bar or business of or in the proposed Building related to the playing of amplified music or sounds audible on the Plaza on the days and times which, in the City Council's sole discretion, are in the best interest of the citizens of Fayetteville. This is not to be construed as a Condition Use Permit normally administered by the Planning Commission pursuant to the Unified Development Code. The City also retains the right to permit itself or others to play amplified music or sounds audible on the Plaza." If this would be administered as a Conditional Use Permit rather than a contractual right or deed restriction, any denial or approval of a permit could be easily appealed to Circuit Court for a judge or jury to exercise very broad discretion to decide when outdoor amplified music could be played. The City Council's preferences, determination, and decision on such normal Conditional Use request would be basically ignored and irrelevant if the Condition Use Permit is appealed to Circuit Court. I believe this Plaza is too important and its protection too vital to allow any entity but our elected City Council to control outdoor amplified music to protect the Plaza's audible environment for our citizens visiting and enjoying the Plaza. I also recommend that rather than accepting a weak commitment in the proposed amended Letter of Intent "of one restaurant, cafe, or coffee shop," the Council should require at least what Mr. Reindl offered in his Exhibit F: "Diagrammatic Plan of Ground Floor Spaces." (attached) Mr. Reindl's Exhibit shows a 3,000 square foot restaurant, a 2,000 square foot kitchen and a 1,340 square foot cafe. The only real interaction that most Fayetteville citizens visiting the Plaza will likely have with this proposed seven story building are its ground floor restaurants. Will Mr. Reindl not at least promise to construct the two restaurants that he showed on his own exhibit? I would delete the new one restaurant commitment and replace that language with, "include at least the restaurant, kitchen, and cafe substantially the size and location as shown on Exhibit F." Is that too much to ask? The parking issue has yet to be really solved. Allowing event space in the Building could more than double this parking problem. The Walton Arts Center, TheatreSquared, and the new Fayetteville Public Library all have modern, quality event space nearby in the Entertainment District. Why allow an additional, competing event space to be built on the Plaza with no parking and probably to the detriment to existing non-profit and public library event spaces? 2 EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES 29 AU( SPRING STREET SIDE 13 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G [`the "Property"), the exact legal description of which_to be determined by a survey and Final agreement of the parties. The basic terms of the agreement we, are be as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, Includl gj minimum of one restaurant, cafe, nr coffer. Reindl's intent is to use the BUiidinR primarily fora hotel, however. T-the Building may include other uses as necessary to meet the financial goals of the project. The following Use Units w+11 may be allowed, subject to the City's prior apprmg :al in conjunction with the City s�rocesses and yrnk..cjures for considering and approving zoning. development. licenses, and permits _l eluding conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, the following uses will not be permitted on the- Formatted: Indent: Left: 0", First line: 0.5", Space Property [the "Prohibited Uses") crematorium, mi" um: funeral home: furniture_ repair and refinishing; After: 12 pt taxidermist; gape shads: body piefcingltattoo; gunsmith: animal hospital; animal day care; day care: ball bonding agencies; hospital, vehicle sales; convalescent home;llaardinrooming housing {other than is typically associated with hotel use); dormitory: fraterfiitylsororlty housing: and slat car track. Any deed from the City conveying the Property to Reindl will contain a restriction against the Prohibited Uses and the restriction_wjil�F e a restriction that runs with the Property for a minimum of years. &C. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject Received by Rob Sharp through Susan Norton 11/01/22 at 2:10 pm. Questions Regarding Civic Plaza Hotel As of 1 November 2022 Where does the $50,000,000 Project Cost number come from? Answer: Please refer to attached document Estimated Project Cost, which has been compiled by Robert Sharp from discussions with Reindl Properties, Windsor Aughtry and C R Crawford. 1. Can delivery, emergency, and solid waste vehicles access the hotel building? Answer: Please refer to attached diagram Turning Radius and Access Diagram. Also, deliver vehicles, solid waste, and moving vans currently access the site on a regular basis. 2. Who would be the architect for the hotel portion of the project? Answer: At this point our short list is Renaissance Group, located in Memphis Tennessee https://rgroup.biz/ BGKT Architects, located in Memphis Tenneessee https://bgktarchitects.com/ LPB Architects, located in Atlanta Georgia http://www.lpbatlanta.com/ 3. What brand of hotel will this be? Answer: We have not selected a brand at this time. The hotel will be of good quality and the exterior design and public spaces of the hotel will be of exceptional quality as shown in the renderings and exhibits. Exterior materials and details have been carefully documented to assure the quality of the proposed building. Questions Regarding Civic Plaza Hotel, Page 1 1 November 2022 4. What is the capacity of the Meeting Rooms? Answer: After discussions with our consultants, we have determined that we need to be able to accommodate an event of 200 seated people. This requires about 4,000 square feet of space for the ballroom and ancillary spaces. 5. What is the restaurant service schedule? How many meals will be served? Answer: The service schedule, decor, and menu have not be determined. The Downtown and Entertainment District have multiple dining options that already exist. We will work to complement the existing culinary scene. 6. Will there be a Fitness Center or Swimming Pool? Answer: There will be a Fitness Center. There will not be a Swimming Pool 7. What would be the Parking Requirements for this building if Fayetteville required commercial uses to provide parking? Answer: Please refer to attached document showing Maximum Parking Allowed as per the Unified Development Code 8. How will employee parking be managed. Answer: The managers of the hotel will participate in any Downtown or Entertainment District employee parking program. We understand that encouraging and facilitating employee parking out of the "hot box" is good business. 9. How will the Valet Parking program work? Answer: We have proposed an agreement with the City of Fayetteville to lease spaces from them that are under-utilized. During the week, the Spring Street parking structure has excess capacity. During the Questions Regarding Civic Plaza Hotel, Page 2 1 November 2022 weekend, the downtown has excess parking capacity, particularly on Mountain and Rock Street Lots. Reindl Properties will create a valet parking program that will move the cars as necessary. The success of the hotel depends upon accommodating guests that arrive by car. Please refer to Valet Parking Diagram, attached to this document. 10. Does the City of Fayetteville have design authority over the Public Restrooms? Answer: Yes. 11. Will Reindl Properties have their own Landscape Architect? Answer: They will have their own Landscape Architect and Civil Engineer. These professionals have not been selected yet. 12. Who will pay to construct the bicycle trail? Who will pay for the easements for the bicycle trail? Answer: The Letter of Intent states that the City of Fayetteville will construct the trail and pay for the easement. The original RFP showed the bicycle trail being built on public property within the Civic Plaza. Reindl Properties has proposed selling an easement that would allow the bicycle trail to be built on its property so that the park could be expanded. Please see attached diagram from the RFP. 13. Who will operate the hotel? Answer: A management company has not been selected at this time. We are leaning heavily towards Hospitality America, Windsor Aughtry's management partner. 14. Does Reindl Properties have a contract with Windsor Aughtry at this time? Answer: There is not an agreement at this time. Once the Letter of Intent is accepted by the City of Fayetteville, agreements with professionals, consulants, and investment partners can be pursued. Questions Regarding Civic Plaza Hotel, Page 3 1 November 2022 15. How many jobs will be created by the hotel? Answer: We estimate the following number of jobs will be created by the hotel: 45 employees total 20-25 employees for am shift 8 employees for pm shift 2 employees for overnight 16. Where will trash and recycling be located? What about loading facilities: Answer: These service areas will be located on the west side of the hotel building. These areas are below the level of the bicyle trail and will be screened from view. 17. How will the hotel effect the Upper Ramble in terms of shade? Answer: Please refer to attached document Sun Study for seasons of the year and times of day. Questions Regarding Civic Plaza Hotel, Page 4 1 November 2022 Estimated Project Cost, Civic Plaza Hotel Hotel Rooms, Lobby, and Support Spaces Meeting Rooms, associated spaces Restaurant, Cafe, and Bar Lease Spaces, Ground floor and Upper Levels Total Project Area Basement Parking Total Building Construction Cost Architecture, Engineering, Testing Fixture Finishes and Equipment (FF&E) Land Cost Project Cost 134 rooms $ 400.00 per sq ft 642 sq ft per room 86,028 sq ft $ 34,411,200.00 $ 300.00 per sq ft 4,000 sq ft $ 1,200,000.00 $ 400.00 per sq ft 4,350 sq ft $ 1,740,000.00 $ 250.00 per sq ft 18,000 sq ft $ 4,500,000.00 112,378 sq ft 32 stalls $ 50,000.00 each $ 1,600,000.00 $ 43,451,200.00 $ 1,000,000.00 $ 3,550,000.00 $ 3,000,000.00 $ 51,001,200.00 LOADING AREA AND SOLID WASTE DASHED GREEN LIT INDICATE BACKING MOTION DASHED BLUE LINES INDICATE FORWARD MOTION W MEADOW STREET TURNING RADIUS AND ACCESS DIAGRAM SCALE: 1" = 60'-0" CIVIC PLAZA HOTEL COURTYARD BUILDING & BLOCK L L C 100 W. CENTER ST. I STE300 FAYETTEVILLE I AR 1 72701 PHONE: 479.442.0229 E-MAIL: rob@ sh arparch. n e[ Maximum Parking Allowance, Civic Plaza Hotel Hotel Rooms, Lobby, and Support Spaces 134 rooms 1 per Guest Room 134.00 parking stalls Meeting Rooms, associated spaces 200 seats 0.25 stalls per seat 50 75% 37.50 parking stalls Restaurant, Cafe, and Bar 4,350 sq ft 100 sq ft per stall 44 75% 32.63 parking stalls Lease Spaces, Ground floor and Upper Levels 18,000 sq ft 250 sq ft per stall 72.00 parking stalls Gross Parking Transit Proximity Reduction Bicycle Parking Reduction Motorcycle and Scooter Parking Maximum Parking Allowed Basement Parking Off Site / Valet Parking 276 parking stalls 15% -41.42 parking stalls 10% -27.61 parking stalls 10% -27.61 parking stalls 179 parking stalls 32.00 parking stalls 147 parking stalls v L i - Iwo' I !i D+lrkson 5f s < - St Pau!'s - I x �i�_piscapa! t cry u rch <WA day through Friday I except for 500 ticket P 9 i -- vents.s r�„ St ` 235 stalls �� t , - �f �Ihm �'t. — Amm 'C L z IlV M e a cl t.) w i t 1 - r Hrllcrest - Tower's center St. ch . of Christ Walton Arts I Center 1 _ Parking Sun afternoon, sale WAC e 0.43 miles, 2 minutes by car, 2 minutes and 20 seconds by e-scooter or e-bike i Parking Friday evening through,ck St Sunday. Evening parking during the week during WAC events ,' J ON I s 0 —I __i; -i j 17 Moor7e'-5 Chapel, i L i- 100 stalls h 1 W Center St -- I irW Mountain St v City Pd DistUCt Town Court o Center- Fay. 77,. Ce .0ter 55 stalls E Meodow 5t I J3La < s w 0.63 miles, 3 minutes by car, R 3 minutes and 30 seconds by r e-scooter or e-bike Diagram of Off -Site Valet Parking Locations, City of Fayetteville Owned Parking Im -,R 'WIN oil k&L mopli eaf� kZ,khl7w 14 -elf 0.0 It '10 LOOM, m I o--f T'l I e"aoo' . olm 4 10 ee rio off 'its' Ohl- A 4.pi ppliq MW ---- -- ------ it too 00 0 WOO 46 04. Ll oppp"qo P. oe, A ell r, Or" TOO 15 Jk -41 4 4V Poe I" 1pl� F,ff� ;0000 -; ��;'. rk few ell - A A F �. 0. �ypp'" �f look, n ,Flo rom 21 POOOP, Al 0 'Oall oolo ;0010* KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY k�villlams@fayetteville-acgov -f Blake E. Pennington Assistant City Attorney bpenninbrtonrr fayetteville-ar.gov Jodi Batker Paralegal Phone 479.575.8313 November 2, 2022 113 W. Mountain Street, Suite 302 Fayetteville, AR 72701-6083 Vicki Bronson Conner & Winters, LLP vbronson@cwlaw.com 4375 N. Vantage Drive, Suite 405 Fayetteville, AR 72703 Re: Letter of Intent Amendment Dear Vicki, Last night the City Council amended the Letter of Intent to add the "Non -Binding Agreement" language I provided to them from an earlier (2020) Letter of Intent presented by Sage Partners. I have provided this memo to you in Word so you can insert this language as the last paragraph of the Letter of Intent as unanimously agreed by the City Council. After the City Council amended this language into the Letter of Intent, they passed the Resolution approving the amended Letter of Intent and authorizing Mayor Jordan to sign this amended Letter of Intent. The City Council made no other amendments to the Letter of Intent. Please send the properly amended Letter of Intent to City Clerk Treasurer Kara Paxton for the Mayor's signature. I believe the passed Letter of Intent will be a good starting point to create a binding contract. I like most of your proposed changes to the original Letter of Intent which can hopefully find their way into the new contract with Reindl Properties, Inc. along with other possible changes I have suggested. Thank you for your work drafting the Letter of Intent. With kindest regards, Kit Williams Fayetteville City Attorney Cc: Mayor Kara Paxton, City Clerk/Treasurer Susan Norton, Chief of Staff Wade Abernathy, Facilities Management Director LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville ("City") approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. ("Reindl") to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street, in the approximate location reflected on Exhibit G ('the "Property"), the exact legal description of which to be determined by a survey and final agreement of the parties. The basic terms of the agreement are as follows: 1. The Building: A. Reindl will construct a multi -story Mixed Use Building (the "Building") containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces, Including a minimum of one restaurant, caf6, or coffee shop. The Building may include additional uses as necessary to meet the financial goals of the project. The following Use Units may be allowed, subject to the City's prior approval in conjunction with the City's processes and procedures for considering and approving zoning, development, licenses, and permits, including conditional use restrictions: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. Notwithstanding the foregoing paragraph, the following uses will not be permitted on the Property (the "Prohibited Uses"): crematorium; mausoleum; funeral home; furniture repair and refinishing; taxidermist; vape shops; body piercing/tattoo; gunsmith; animal hospital; animal day care; day care; bail bonding agencies; hospital; vehicle sales; convalescent home; boarding/rooming housing (other than is typically associated with hotel use); dormitory; fraternity/sorority housing; and slot car track. Any deed from the City conveying the Property to Reindl will contain a restriction against the Prohibited Uses and the restriction will be a restriction that runs with the Property for a minimum of 75 years. C. As befits its prominent location, the Building will be a substantial and attractive 1 building. The building design and site development will be subject to City's development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City's ordinances, rules, or regulations. D. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high -quality materials in accordance with the plans and specifications. E. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor -outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity; Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, caf6, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building containing a hotel will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City. 5. Benefit to Local Merchants and Downtown BusinessOwners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances 2 local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off -site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City's parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to City's excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Reindl will continue to pursue the purchase or lease of off -site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loading and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy -management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. 3 D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 9. Land Purchase: A. Reindl will purchase the Property for the Building from City in the approximate location as reflected on Exhibit G. B. The purchase price for the Property shall be the fair market value for the Property as determined by a third -party real estate appraiser to be selected by both parties. If the parties cannot agree on an appraiser, then each party will select an appraiser and the two selected appraisers shall select a third appraiser. In that event, the purchase price for the Property will be the average of the three appraised values. C. Costs of the appraisal(s), surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the Property is specifically subject to the following conditions: (1) Reindl to have obtained a Building Permit from City that complies with the terms and intent of this Letter of Intent and pursuant to City's processes and procedures for considering and approving PZDs; (2) Reindl shall have complied with all other terms and conditions of this Letter of Intent; and (3) the parties' agreement on the form of the real estate contract. E. Reindl shall convey real property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl's property transfer or grant of perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third -party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl's request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use price. To the extent an appraisal is required under this paragraph, the appraised value of the easement(s) shall be included in the appraisal(s) conducted pursuant to Paragraph 9(B). F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and 4 sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. B. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms and stage suppoi;t.space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the "City Restrooms"). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail, B. The Building shall also contain at street level a "back of house" space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms to a "white box" finish and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms as a white box finish and the storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City, and deducted from the Purchase Price at Closing of the real estate transaction. Reindl is responsible for completing and delivering the City Restrooms in a white box finish and City is responsible for contracting for and paying the costs to finish out the interior of the City Restrooms as it deems appropriate with a contractor of its choice. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City's ordinances, rules, and regulations. 12. AAdlacent Exterior Features: NBW, City's landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW's landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, 5 TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building's ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. City retains complete control of the Plaza and stage. No use of the Plaza or stage is guaranteed; Reindl may seek permission to use the Plaza or stage utilizing the City's processes as required by any member of the public. 13. Op ortunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, Including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Developnot Review Process: Once financing has been secured for the project, but no later than July 1, 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville's development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City's Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void and neither party shall have any obligations to the other party. In addition, if either party does not substantially comply with the terms and conditions of this Letter of Intent, the other party may, at its sole discretion, declare this Letter of Intent null and void, and neither party shall have any obligations to the other party. 17. City of.Fayetteyille Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty-four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third -party real estate appraiser, less all amounts paid by City for 6 construction or construction estimates for the City Restrooms and storage space. The provisions for selection of appraisers contained in Paragraph 9B also apply to this Paragraph. 18. Modification. The terms and conditions of this LOI may be amended at any time prior to any conveyance of the Property to Reindl by a writing executed by both parties. 19. NonbindingAgreement. This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. CITY OF FAY)ETTEVILLE BY: Y f q i io IdAdan, Ma ity of Fayetteville Date Attest: City Clerk irecc5ttp oje REINDL PROPERTIES, INC. BY Brian Reindl, President, Reindl Properties, Inc Date FAYETTEViLLE ; .f 1/1•....• �� i-11-91.2oaz Date 7 dw if — J ■ 1laID ■ow lam r' 10: p „ A 4pe to h 11„ 1.1 111 ■1 I M■ WON ■ 1# R ••r■ r � r .�,rd�. - r EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL • INISNED METAL • R++1 L STLtem RAA'11IN0 AI �� ORfY BRICK YlNT Ff EA IIA lAF11IT ANA 1110w- - 1lYffffN OR WINDOWS — EOO1 TERRACE f I - CNAIr..-� COLORED � BRICK _ lNilFROM,• r I I . hl�•,.<<•� FRAMED :� _ wlrfn�:• : .. I � I ' � + tl+ll�lf llFlfly.l+ ' T � ►RIN TED III11 CEMENT � INOU 11fMi t[T 11. I DIYIDfSI 11R111 WII I !lo IRICR VIN11■ VIEW FROM NORTHEAST 011Y BRICK VIN111—t 1000 TIRRAC! 1RICK CORIILINO AT IARAFET AND ILLOW fIVINIk II0RT WINDOW% INDUSTRIAL SLYLS. DIVIDlD LIOHI wIN00WS IRO 1111CL VFNIIR— f AINIFO SIM; CIMINT- 111AM11-r AllI LID _ _ STI1L STRUCTUNI VIEW FROM NORTHWEST A114 WOOD ALAI BAN ORATE CHARCOAL COLORED IAON SPOI IRICR V1NIE1 AL0Mt1gWM FRAMED WINDOWS iIM SAS ORATI FRT•TINIAMID METAL PANS IYITIM 11MULAl19 WOOD 1,A[ 9 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL CNA R COAL COLORED IRON SPOT BRICK VINEIA IllEl�n.t�l.nl; ALUMINUM INAMED WINDOWS PRE•F I NISNED METAL FANEI SYSTEM VIEW FROM SOUTHEAST CHARCOAL Cot 0ISD IRON SPOT BRICK VINIIR COVETED DROP-OFF - BRICK COAISLLINO AT PARAPII A ■FLOW ""$,, STORY *1110.1 INDUSTRIAL STYLI DIV IDID LIGHT WINDOWS BID 1NICK V1N1IR PAINIID FIBER CIMENT ■RICK CORBIl11Na Al PARAPVIAND Otto 1 WNOWSTORY % INDUS11lA1 11YL1 DIVIDED IIONT WINDOWS _AID IRICK VINISB 10 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST Nadine ' % Theatre5quared 4. 1- Gr l 11 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE r I� 12 EXHIBIT F; DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES - - OUMOOR LIVING rat pots 18M SOFT UNFAN DICK OVNNIEAD ALONG YINWING ------------ W. SPRING STREET SIDE ICMIMI m - 79 AUK iff _, f 15.E VAP Trig . l q Im 13 EXHIBIT G EXHIBIT G Pu51iP/ilV'�t:C+T iu r SAY 19'[ifNl C/ [Glf p +IarrnEU CIS I M1W�. IYJs55fLF CNEENHAv /,IiGNMEVT,WO FASEMf VT PROM MD LOT W" DEVELOPER AGREEMENT JULY 19, 2027 •R ATY9ALE r9q 0,ar t ITG%WAWf �r Ell$ PROPERTY LIRE tMY p EIP[ 19R CmC _ . VACi'LIrM1RMCl�I �.............w—. ,...... 14