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RES NO 04-03-2025 S CITY OF VAN BUREN,ARKANSAS RESOLUTION NO -0-2025 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION APPROVING A COMMERCIAL LEASE AGREEMENT WITH KEVIN BURDICK, FOR 1301 CITY PARK ROAD,VAN BUREN,ARKANSAS. WHEREAS, the City of Van Buren owns property located at 1301 City Park Road, Van Buren,Arkansas; and WHEREAS, Kevin Burdick would like to occupy part of the building for business purposes; and WHEREAS, Kevin Burdick desires to enter into a Commercial Lease Agreement with the City of Van Buren; and WHEREAS, the City Council believes it to be in the best interest of the city and its citizens to authorize a Commercial Lease Agreement with Kevin Burdick. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,ARKANSAS,THAT: SECTION l: The City Council hereby authorizes the Mayor to enter into the attached Commercial Lease Agreement with Kevin Burdick, and authorizes the Mayor and City Clerk to approve said Commercial Lease Agreement on behalf of the City of Van Buren, Arkansas. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and_ against, the foregoing Resolution at its regular meeting held on the 28th d ri12025. G\eTk Tre V�� dsG N Joseph . Hurst CitY of Van Buren May ATTE � o FORM: rryCounty, Shawnna Reynolds Jaco owe 1 City Clerk/Treasurer City Attorney ARKANSAS COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT hereinafter known as the "Lease" is entered into this 1 day of May , 2025 ("Effective Date") by and between The City of Van Buren with mailing address at 1003 Broadway Street Van Buren,AR 72956 hereinafter referred to as the "Lessor," And Kevin Burdick with mailing address at 11865 W Hwy 156 West Fork,AR 72774 hereinafter referred to as the "Lessee," collectively referred to herein as"the Parties." WHEREAS,the Lessor desires to lease the Premises defined herein to the Lessee under the terms and conditions as set forth herein;and WHEREAS,the Lessor desires to lease the Premises defined herein from the Lessor under the terms and conditions set forth herein. NOW THEREFORE,for and in consideration of the covenants and obligations set forth herein and of other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties hereby agree as follows: 13HE PREMISES. In accordance with the terms and conditions of this Lease, the Lessor hereby agrees to lease to the Lessee the property described below together with all the improvements thereto: Address: 1301 City Park Road,Van Buren,AR 72956 Floor and/Unit Number: 800sg feet-Side A Net Floor Area: 1600 Hereinafter known as the "Premises". The Lessee hereby leases and takes from the Lessor the Premises and confirms that the floor numbers and/or unit numbers of the Premises referred to above are designated by The Lessor. 2. PERMITTED USE. Lessee agrees to continuously and at all times use and occupy the Premises during the Lease Term solely for the Permitted Use(s) as specified below("Permitted Use"): Disc Golf Pro Shop No other use is permitted without prior written approval of Lessor,which approval Lessor may grant or withhold. 3. LEASE TERM.The term of this Lease shall commence on 1 day of May 2025 and shall subsist for a period of 1 year(s) and 0 month(s), and expire on the last day of the Lease term,the 1 day of May 2026 . ("Lease Term") 4. RENEWAL. (Check One) ®The Lessor shall have no obligation to renew the Lease or extend the Lease Term.The Lessee shall have no further right to extend the Lease Term upon its expiration. ❑The Lessee will have right to renew the lease for the additional term of years and months(the"Renewal Term") by giving the Lessor a Notice of Renewal not later than months/days but no earlier than months/days, prior to the expiration of the Lease Term ("Renewal Period"). The Renewal Term shall commence immediately upon the expiration of the Lease Term. In the event of the renewal of this Lease,the terms and conditions of this Lease shall remain in full and effect for the duration of the Renewal Term unless otherwise agreed to in writing by the Parties. The Rent for the Renewal term shall: (Choose one.) ❑ be equal to the Rent payable during the Lease Term. ❑shall be based on the then current market rates for comparable premises provided that the Rent upon the Renewal Term shall not increase by more than %above the Rent payable in the immediately preceding year. 5. RENT.The Lessee shall pay the net amount of$ 800.00 for every month for the duration of the Lease (herein after referred to as"Rent").The rent shall be payable every Ist day of the month ("Due Date"), every month for the duration of the lease notwithstanding that the Due Date falls on a weekend or public holiday. 6. EXPENSES.The Parties agree that the responsibility for the expenses in relation to this Lease shall be borne as follows: a. Utilities. The Utilities including: electricity and water charges, communications,telephone and data charges,gas and , shall be borne and paid by(choose one) ® the Lessor❑ the Lessee [Ithe Parties jointly. b. Maintenance. The Maintenance of the Premises including the following shall be borne and paid by(choose one) 9 the Lessor❑ the Lessee ❑ the Parties jointly:(Choose all that is applicable) ® Janitorial and pest control services ® Garbage removal ® Grease traps, drainage and pipes maintenance ® Parking maintenance ® Lawn maintenance ® Snow removal ® HVAC Maintenance ® Repairs other than Minor Repairs as defined herein. c. Insurance.(Choose all that is applicable) PN Casualty Insurance.The Lessor IN The Lessee ❑ The Parties(jointly)shall be responsible for obtaining and maintaining casualty insurance for the Premises for losses against fire. ❑ Comprehensive General Liability Insurance.The Lessee shall procure and maintain a valid Comprehensive General Liability Insurance Indemnifying the Lessor with minimum coverage of$ for. personal Injury and$ for damage to property. d. Taxes. The Lessee shall bear all Taxes and fees that are payable under Laws in connection with other payments made by the Lessee,the Lessee's interests under this Lease,the Lessee's improvements and property at the Premises,and the Lessee's activities at the Premises. The Lessor® The Lessee ❑ The Parties(jointly)shall bear all Taxes and fees that are payable under Laws in connection with the Rent. The Lessor❑ The Lessee❑ The Parties(jointly)shall pay all Taxes and fees payable in connection with this Agreement under Laws to the extent that such Taxes and fees are payable under the applicable Laws by owners of buildings that are of a similar nature to the Premises,or by sub-lessors of land use rights (for example, real property, real estate and/or personal property taxes). 7.COMMON AREAS.The Lessor shall at all times have exclusive management and control of the Common Areas for any purpose or in any manner that it deems necessary or appropriate.The Lessor reserves the right to remove,relocate or otherwise change or carry out any alteration or addition or other works to the Common Areas. The Lessor shall not be liable to Lessee for any damage incidental to the exercise of its rights under this section,provided that such damage is not accompanied by any fault, negligence or bad faith on the part of the Lessor or his agents.The Lessee shall abide by the Lessor's rules and management of the Common Areas. "Common Areas"refers to those portions of the structure in which the Premises and located and areas surrounding the Premises including the driveways, entrances and exits, pedestrian passageways,walkways, loading docks, landscaped and streetscaped areas, any on-site parking areas,facilities(such as escalators,and lifts), installations (such as doors,windows, electrical installations and wiring),water and drainage pipes, gas pipes,fire systems,security and air-conditioning facilities,and all other areas or improvements which may be provided by Lessor from time to time for the general use of tenants of the structure in which the Premises and located and areas surrounding the Premises and their respective employees,guests, patrons, suppliers, licensees and other invitees. 8.SECURITY DEPOSIT. Lessee shall deposit with Lessor the amount of$N/A to secure the faithful performance of the terms and conditions of this Lease(the "Security Deposit")on or before the execution of this Lease. The Security Deposit shall be held by Lessor:(Choose one that applies) ❑free of interest throughout the Lease Term./ C7 in escrow in an interest-bearing account with interest accruing to the Lessee and to be delivered to the Lessee upon the return of the Security Deposit. Except in the event that the same has been forfeited by the Lessee,the Security Deposit shall be returned to the Lessee within NIA days after the termination of the Lease. 9.ALTERATIONS AND IMPROVEMENTS.No alterations to or improvements on the Premises shall be made by the Lessee without prior express consent of the Lessor to the same in writing.The Lessor agrees to not unreasonably withhold consent to reasonably necessary alterations or improvements.The Lessee shall ensure compliance with any and all applicable laws,rules, ordinances and codes when undertaking any alteration or improvement to the Premises. A. Unauthorized Alterations or Improvements. In the event that the Lessee shall undertake alterations or improvements relating to the Premises in violation of this section the same shall be considered a material breach of this Lease and shall put the Lessee in default.The Lessor may, upon the Lessor's discretion, require the Lessee to undo the alterations or improvements and restore the Premises to the its condition prior to any unauthorized alteration or improvement at the sole expense of the Lessee. B. Ownership of Alterations and Improvements. In all cases of alterations, improvements, changes, accessories and the like that cannot be removed from the Premises without destroying or otherwise deteriorating the Premises or any surface thereof shall, upon creation,become the Lessor's property without need for any further transfer, delivery or assignment thereof. 10.COMPLIANCE WITH LAW.The Lessee undertakes to comply with and abide by,at its sole expense,any and all Federal or Arkansas state laws, municipal or county ordinances, rules,regulations,codes and all other issuances from authorized government authorities respecting the Premises and the Lessee's occupation and use thereof, including but not limited to obtaining all pertinent licenses and permits and maintaining copies thereof in the Premises. 11.OBLIGATIONS OF THE LESSEE: A. The Lessee shall keep the premises in a clean,sanitary, neat and presentable condition. B. The Lessee shall be responsible for the repairs,outside of ordinary wear and tear,of any part of the Premises that do not affect the structural parts of the building or structure in which it is located or those that are generally considered as minor repair("Minor Repairs") including but not limited to replacing light bulbs, cleaning or repairs of windows,doors,toilets and similar appurtenances. C. The Lessee shall, at its sole expense restore, repair and/or rectify any damage, outside of ordinary wear and tear,to the Premises caused by the Lessee or others that the lessee permits into the Premises that are not covered or compensable by any insurance. 12.ASSIGNMENT.The Lessee acknowledges that this Lease is not transferrable and that the Lessee may not assign the Lease,any part of the Lease or any of the rights or obligations herein without the prior express and written consent of the Lessor.The Lessee shall not sublet,sublease or otherwise grant any other party any license or right in relation to the Premises or this Lease without such consent.Any license, assignment, sublease or agreement in violation of this clause shall be null and void with no legal force whatsoever.. 13. RIGHT OF ENTRY.The Lessor shall, upon giving N/A , notice, be granted by the Lessee access and allowed by the latter to enter the Premises to make necessary inspections, repairs or alterations on the property,or pursuant to any lawful purpose as the Lessor,provided that the time of entry requested is reasonable considering the purpose. 14. DAMAGE TO LEASED PREMISES. If the event that the Premises and/or the structure or building in which it is located is damaged or destroyed by fire or other casualty without the fault or negligence of the Lessee or his agents, the Lessor shall, at its own expense,repair the damaged portion,the Premises,structure and/or building to restore the same to substantially the condition in which it was handed over to Lessee.The Rent shall be abated until such repairs are completed. In the event such repair cannot be accomplished or of total destruction the Lease shall cease and terminate with no early termination or other liability accruing to either of the Parties. 15. DEFAULT AND POSSESSION. if Rent is not paid within 5 days of the Due Date, the Rent shall be considered past due and a late fee of®$20 or❑ %of the Rent past due shall be applied for every 0 day Rent is late or 0 occurrence Rent is late. In the event that the Lessee fails to pay Rent on the Due date or is in default of any of the terms of this Lease,the Lessor shall promptly provide the Lessee with a notice of such default, informing the Lessee that failure to rectify the same within 30 days will terminate the Lease and allow the Lessor to recover the premises at the end of such period.Should the Lessee fail to rectify the same within 30 days after receiving such Notice of Default,the Lessor may terminate this Lease and recover the Premises from the Lessee. In such an event,the Lessor may hold the Lessee's possessions found in the Premises as security until sums owed by the Lessee has been paid. 16.SURRENDER OF PREMISES.On or before 11:59 P.M.on the last day of the Lease Term,the Lessee shall deliver up vacant possession of the Premises to Lessor more or less in the condition it was delivered to the Lessee,save ordinary wear and tear,and the Parties shall carry out the inspection of the Premises and shall sign a handover form jointly prepared and signed by Parties to confirm the condition and handover of the Premises. The Lessee shall also return all keys and other devices giving access to any part of the Premises and the building or structure in which it is located. Without prejudice to the foregoing,the Lessee shall at its expense,at the.request of Lessor, immediately make good any deficiencies identified during the handover Inspection and remove from the-Premises any alterations,fixtures or property of Lessee that Lessor requests to be removed, provided that the same were not existing in.the Premises delivered by the Lessor or do not consist of alterations or improvements consented to by the Lessor as provided in Section 9 hereof. Failure of the Lessee to return the Premises to Lessor in accordance with the above, shall entitle the Lessor to enter the Premises and carry out appropriate repair to the Premises and removal of any property of Lessee and any cost so incurred shall be borne by Lessee. All property left in the Premises by Lessee shall be deemed to have been abandoned by Lessee and Lessor shall be entitled to dispose of the same as Lessor deems appropriate. 17. INDEMNIFICATION. The Lessor shall not be liable for any injury to the Lessee or any other persons or property entering the Premises occurring within the Premises during the Lease Term. Neither shall the Lessor be liable for any damage to the structure within which the Premises is located or any part thereof.The Lessor hereby agrees to hold the Lessor harmless from and indemnify the Lessor for any and all claims or damage not arising solely from the Lessor's acts,omission,fault or negligence. 18.GOVERNING LAW.This Lease shall be governed by and its terms and conditions be interpreted according to the laws of the State of Arkansas. 19. NOTICE.All notices in relation to this Lease shall be delivered to the following addresses: To the Lessee at the address: 11865 W Hwy 156 West Fork,AR 72774 and To Lessor at the address: 1003 Broadway Street Van Buren,AR 72956 20.SEVERABILITY.Should any provision of this Lease be found,for whatever reason, invalid or unenforceable,such nullity or unenforceability shall be limited to those provisions.All other provisions herein not affected by such nullity or dependent on such invalid or unenforceable provisions shall remain valid and binding and shall be enforceable to the full extent allowed by law. 21. BINDING EFFECT.The terms, obligations,conditions and covenants of this Lease shall be binding on Lessee,the Lessor,their heirs,legal representatives and successors in interest and shall inure to the benefit of the same. 22. ENTIRE AGREEMENT.This Lease and, if any,attached documents are the complete agreement between the Lessor and the Lessee concerning the Premises.There are no oral agreements, understandings, promises,or representations between the Lessor and the Lessee affecting this Lease.All prior negotiations and understandings, if any, between the Parties hereto with respect to the Premises shall be of no force or effect and shall not be used to interpret this Lease.No modification or alteration to the terms or conditions of this Lease shall be binding unless expressly agreed to by the Lessor and the Lessee in a written instrument signed by both Parties. IN WITNESS WHEREOF,the parties hereto set their hands and sea(this 28 day of April 20 25 !es ure Printed Name Kevin Burdick Lessor's Signature Printed Name Paul Dunn ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF ARKANSAS Crawford County, ss. On this 2$ day of April 2025, before me appeared Kevin Burdick a as LESSOR of this Commercial Lease Agreement who proved to me through government issued photo identification to be the above-named person, in poee executed foregoing instrument and acknowledge at they executed the .' act and deed. •`a r 0TA Notary Public --*- My commission expires:0 -t A c-W _41 ' C)6411 ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OFARKANSAS Crawford County,ss. On this 28 day of April 20 25, before me appeared Paul Dunn as LESSEE of this Commercial Lease Agreement who proved to me through government issued photo identification to be the above-named person, in my presence executed foregoing instrument and acknowledged that they executed the same as thgj,free act and deed, i .``` ' .' c�o•a?rf Notary Public �, pTA My commission expires: ei_�' r� ., © ,i ���Jf{I118fr Business Proposal; Disc Golf Pro Shop at Former Cedars Golf Course Clubhouse Presented to: Van Buren City Council Proposed by: Kevin Burdick- The Disc Golf Dojo Date: April 28th, 2025 Executive Summary This proposal outlines the vision and financial viability of converting the former Cedars Golf Course clubhouse into a disc golf retail and community destination, operated by The Disc Golf Dojo—an Arkansas-based company devoted to growing the sport of disc golf in the region. With disc golf's explosive growth nationwide and locally,Van Buren is uniquely positioned to lead this wave. The goal is to revitalize the former Cedars Golf Course property by establishing a disc golf pro shop in the existing clubhouse and utilizing the surrounding grounds for temporary disc golf courses during events and key weekends. The first major milestone is a Grand Opening event on May 9th, which will include a temporary 18-hole disc golf course laid out across the old fairways to introduce the public to the facility and energize the local community. About The Disc Golf Dojo Founded in Arkansas, The Disc Golf Dojo is dedicated to providing top-tier products, training, events, and community engagement opportunities to disc golf players of all ages and skill levels. Our mission is to make disc golf more accessible and fun while cultivating a culture of wellness, competition, and local pride. Key highlights: • Hosts clinics, pop-up events, and tournaments across the state • Builds community through inclusive and family-friendly programming • Strong partnerships with regional disc golf players and vendors • Deep roots in Arkansas's growing disc golf scene Location Advantage: 1301 City Park Dr. (The Former Cedars Golf Course Clubhouse) • Strategic location with historic value • Pre-existing infrastructure ideal for a retail conversion • Ample outdoor space for events, temporary courses, and family gatherings • Built-in nostalgia and recognition among local residents Business Model Overview Primary Revenue Stream: • Disc golf gear(discs, apparel, bags, accessories) • Snacks and drinks • Community events and instructional clinics Secondary Opportunities: • Online sales and preorders • Lounge entertainment(TVs, gaming nights, etc.) • Sponsorships, leagues, and youth programs Use of the Former Golf Course Grounds We request permission to temporarily utilize the former Cedars Golf Course fairways for disc golf layouts during key events, starting with our Grand Opening on May 9th. This course will; • Be non-permanent and use portable baskets • Pose no disruption to surrounding properties • Attract players from across the region • Serve as a proof-of-concept for future recreational partnerships Community Engagement Projects The Disc Golf Dojo is committed to not only providing a store but also creating ongoing community engagement that encourages locals to connect through the sport. Our planned projects include: 9. Pro Tour Watch Parties • We will host Pro Tour watch parties at our store to engage with both new and seasoned disc golf fans. These events will feature live broadcasts of professional disc golf events, creating a fun, social atmosphere with food, drinks, and giveaways. • Frequency: Monthly or during major tournaments. • Impact: Provides an avenue for locals to experience high-level disc golf and fosters a sense of community around the sport. 2. Disc Dyeing Workshops • Disc dyeing workshops will allow participants to personalize their discs, learning the art of custom designs. This hands-on activity helps introduce people to the creative side of disc golf while deepening their involvement in the sport. • Frequency: Bi-monthly. • Impact:This promotes creativity, builds local skills, and attracts a younger demographic. 3. Pro Clinics • Hosting pro clinics where local players can meet top disc golfers and learn new techniques, tips, and tricks directly from the pros.These clinics will cater to all skill levels, with beginner to advanced sessions. • Frequency: Quarterly or as special events. • Impact: Provides educational opportunities, elevates local play, and strengthens Van Buren's standing in the regional disc golf scene. 4. Disc Golf Days at Local Schools • We will partner with local schools to host Disc Golf Days, introducing students to the sport during P.E. classes or after-school programs.This initiative will aim to establish disc golf as an inclusive, low-cost alternative to traditional school sports. • Frequency: Seasonal, potentially at the start of the school year and spring. • Impact: Builds youth interest in the sport and promotes active, outdoor recreation in the school community. 5. Partnerships with the Van Buren Boys &Girls Club • We plan to establish a partnership with the Van Buren Boys&Girls Club to create after-school programs and summer camps focused on disc golf.These programs will introduce young people to the sport while also teaching valuable life skills such as teamwork, discipline, and goal-setting. • Frequency: Year-round,with seasonal camps and clinics. • Impact: Builds lasting relationships with local youth, increases diversity in the sport, and creates access for underserved communities. These initiatives will not only help build a thriving disc golf community but also foster stronger ties with the city of Van Buren and the surrounding area. Financial Summary Category Projected Amount Annual Sales $80,000 - $120,000 Projected Profit $29,140 Operating $90,860 Expenses Key Expense Breakdown Expense Annual Cost Rent $9,600 Payroll $17,160 Inventory Restocks $40,000-60,000 (roughly 50% of Annual Sales) Office Supplies $600 Insurance $500 Fuel 1 Transportation $3,000 Licensing, Taxes, Legal, Accounting $1250 One-Time Upfront Costs (see below) Uncertain/One-Time Costs (Estimates Recommended) Item Estimated Cost Flooring upgrades $TBD (Estimate from D&D Flooring $7200-$10,800) Retail display racks $3,000-$5,500 (Currently in the design phase.These will be custom built for the disc golf retail experience and will be added to the store slowly over time) Lounge TVs $400 (2 TV's for the space) Lounge furniture $500 (Couch and/or other sitting furniture.This will come at a later date) Computers/POS $300(Cheap PC dedicated to running our existing, homemade POS system) Exterior signage $1300(5'x8'flat aluminum sign secured to East facing wall.) Interior signage $700 (Window Vinyl, retail signage, more) Mini-fridge For Display $10Q(Cheap small fridge from marketplace) Community Benefits • Revitalizes an unused landmark property • Establishes a recreation-based retail hub • Creates local employment and volunteer opportunities • Draws visitors to Van Buren for tournaments and events • Encourages healthy, outdoor lifestyles • Supports youth engagement and school club programs Request from City Council We respectfully request the following: 1. Approval to lease and renovate the former Cedars Golf Course clubhouse 2. Permission to use the golf course grounds for temporary disc golf layouts o Beginning May 9th for our Grand Opening Event Conclusion This project is about more than retail—it's about community, revitalization, and creating new recreational pathways for the people of Van Buren. With the city's blessing, The Disc Golf Dojo is ready to invest in turning this opportunity into something the town can be proud of. We look forward to partnering with Van Buren to bring this vision to life.