Item 9B - MemoItem 9B
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M E M O R A N D U M
(June 20, 2023)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve text revisions to the previously approved Commercial
Developer Agreement (CDA) with Carillon Crown, LLC for the N.
White Chapel Boulevard Improvements.
Action
Requested: Approve text revisions to the previously approved Commercial
Developer Agreement (CDA) with Carillon Crown, LLC for the N.
White Chapel Boulevard Improvements.
Background
Information: The proposed Carillon Parc development’s site requires N. White
Chapel Boulevard to be widened along the property frontage to
accommodate the projected traffic volume. N. White Chapel
Boulevard is identified as a 4D Arterial (4-lane divided) and is
currently constructed as a 2-lane roadway. The Developer has
agreed to construct the full 4-lane pavement street section from
SH114 up to Kirkwood Boulevard including pavement, curb, storm
drain inlets, and striping. The CDA was presented to and approved
by City Council on April 4, 2023.
The purpose of this item is to seek City Council consideration of
revisions to the CDA with Carillon Crown, LLC, as requested by the
developer. The developer for the N. White Chapel Boulevard
Improvements is requesting the following revisions to the standard
developer agreement language:
• Addition of an exhibit to clarify what the proposed
improvements, as it is referred to in the CDA as the
“Addition”, and the addition of text to reference this exhibit in
the first paragraph of the CDA.
• Strikethrough of references to public water and sewer since
these utilities are being constructed with the Carillon Parc
development.
• Update of the Indemnification Language to better clarify that
the indemnification is not intended to apply to claims made
against the city resulting from negligent acts of city
employees.
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• Update the references to future construction of sidewalk to
specify the sidewalk adjacent to the commercial properties
shall be constructed with each property.
• Update the Plat date for the dedication of the park to allow
for additional time for the Developer to accurately define the
park boundary and amenities.
Funding for this agreement is available as part of the approved
Capital Improvement Program.
Financial
Considerations: Funding for the CDA for the White Chapel Boulevard Improvements
is budgeted as part of the approved Capital Improvement Program.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Quality Development and Partnerships & Volunteerism. It
specifically relates to the City’s Corporate Objectives, B2:
Collaborate With Select Partners to Implement Service Solutions.
Citizen Input/
Board Review: None.
Legal
Review: The proposed agreement is a standard agreement that the City
Attorney has reviewed and approved.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve text revisions to the previously approved Commercial
Developer Agreement (CDA) with Carillon Crown, LLC for the N.
White Chapel Boulevard Improvements.
Supporting
Documents: Attachment A: Commercial Developer Agreement
Attachment B: Location Map
Staff
Contact: Rob Cohen, Director of Public Works
Sandy Endy, P.E., CFM, Development Engineer
Kevin Ferrer, P.E., CFM, City Engineer