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13089I RESOLUTION NO. 13,089 2 3 A RESOLUTION TO ACCEPT JAPB, LLC, AS THE SUCCESSFUL BIDDER 4 FOR A CONTRACT TO DEVELOP A MARINA, DEVELOP A PORTION OF 5 THE ARKANSAS RIVER TRAIL, AND ASSIST IN DEVELOPING A PARK 6 WITHIN THE CITY; TO AUTHORIZE THE CITY MANAGER TO NEGOTI- 7 ATE THE FINAL TERMS OF AN AGREEMENT; TO AUTHORIZE THE 8 MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE ANY NECES- 9 SARY DOCUMENTS AS TO SUCH A CONTRACT AND AS TO THE ENCUM- 10 BRANCE OF CITY PROPERTY; AND FOR OTHER PURPOSES. 11 12 WHEREAS, a feature of the 2001 PARKS AND RECREATION MASTER PLAN is to develop a marina on 13 City park property, and to this end the City acquired property near the headquarters of Heifer Interna- 14 tional to make this development possible; and, 15 WHEREAS, it is also the City's desire to develop this marina in a cooperative relationship with an- 16 other party in such a manner as to further develop a City park, and to enhance the Arkansas River Trail; 17 and, 18 WHEREAS, on October 23, 2009, the City issued RFP 9248 as a request for proposals to park land 19 marina development; and, 20 WHEREAS, JAPB, LLC ( "the Developer "), of North Little Rock, Arkansas, submitted the only pro - 21 posal in response to the bid, but after review by the Little Rock Parks Commission, and the River Market 22 Committee, it was confirmed that the bid was a responsive and responsible bid; and, 23 WHEREAS, there are still details to negotiate to finalize a contractual relationship between the City 24 and the Developer; 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 26 OF LITTLE ROCK, ARKANSAS: 27 Section 1. The City Manager is authorized to negotiate the final terms of a contractual agreement 28 with the Developer to complete a marina development that meets and fulfills the criteria set forth in RPF 29 9248. 30 Section 2. The Mayor, City Manager, and City Clerk are authorized to execute any documents, in- 31 cluding any documents that deal with the encumbrance or transference of park property, in a legal form 32 acceptable to the City Attorney, necessary to finalize the contractual agreement. 33 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 34 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju- [PAGE 1 OF 21 Resolution to authorize City Manager to negotiate contract with JAPB, LLC, to develop and operate a marina on City property 1 2 3 4 5 6 7 8 9 10 11 dication shall not affect the remaining portions of the resolution which shall remain in full force and ef- fect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 4. Repealer. All resolutions and other matters in conflict with this resolution are hereby repealed to the extent of any consistency. ADOPTED: February 16, 2010 ATTEST: APPROVED: ToyYRbLinson, Assistant City Clerk 12 APPROVED AS TO LEGAL FORM: 13 14 15 Thomas M. Carpenter, City A rney 16 /l 17 // 18 19 20 21 22 // 23 // 24 25 26 27 28 29 // 30 31 // 32 // 33 // 34 Mark Stodola, Mayor [PAGE 2 OF 21 Resolution to authorize City Manager to negotiate contract with JAPB, LLC, to develop and operate a marina on City property