Item 4ICITY OF
SOUTHLAKE
E D
March 31, 2009
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve amendment to the Bicentennial Retail Plaza
agreement
Action Requested ted, ppr v m ndm nt to the Bicentennial Rail Plaza
reciprocal parking agreement
Background
Information: The City currently has are existing reciprocal parking
inq
agreement in place with Bicentennial Retail Plaza, L.P.
Included is s copy of the agreement. The key points of the
existing agreement related to this proposed amendment
include:
■ City to provide v l p r the option, at Developer'
cost, construct an additional row of parking with
e ntry drive to the north of the proposed r existin
parking spaces (approximately twenty additional
spaces) with City t wn and have full use in
conjunction with the tenants of Bicentennial Plaza.
0 As with the existing agreement, the Developer and
City will have full use of the parking area during
regular park hours (6;00 a.m. to 12:00 a.m. ).
■ The existing agreement and proposed amendment to
the agreement will continue into perpetuity as a
covenant running with the land for as long as the
original Site Plan approved for the development
remains in effect. Upon any subsequent request for a
change in zoning or a revision f the original
approved Site Plan, the City and Developer shall have
the option of renegotiating the use of the premises.
Substantial amendments to this agreement must be
approved by City Council.
Bicentennial Retail Plaza, L.P., has requested and staff in
consultation with Shrill, Rollins Associates, the
Bicentennial Park Master Plan design team) recommends
approval of the proposed amendment to the reciprocal
41-1
Shana Ye lverton, City Manager
City Council Meeting Date — April 7, 2009
Page 2 of
parting agreement to allow the Developer to construct an
additional roar of parting to the north of the existing parting
spaces (approximately twenty additional spaces) with City to
own and have full use in conjunction with the tenants of
Bicentennial Retail Plaza. The Developer has indicated to
staff' that he has a tenant on hold pending approval to
construct the additional parking spaces via the proposed
amendment.
Financial
Considerations: Not applicable. The cost to construct an additional rover of
parking with entry drive is the Developer's responsibility.
The City will own and have full use in conjunction with the
tenants of Bicentennial Plaza*
Strategic Link: This item is limed to the City's Strategy Map related to the
focus areas of Infrastructure and Partnerships
Volunteerism. In addition, it meets the corporate objective to
Actively Promote opportunities for Partnerships.
Citizen Input/
Boatel Review: City Council approved the reciprocal parting agreement with
Bicentennial Retail Plaza, L.P. on September 5, 2006.
Legal Review: The City Attorney has previously reviewed and approved the
standard form of agreement currently in place, and is
currently reviewing the proposed amendment.
Alternatives: City Council action to approve
City Council action not to approve
Supporting
Documents: Supporting documents include the following:
■ Copy of Proposed Amendment to the Reciprocal Parting
Agreement
■ Copy of existing Site Plan and Reciprocal Paring
Agreement with Bicentennial Retail Plaza, L.P.
Staff
Recommendation: Approve the amendment to the Bicentennial Retail Plaza
reciprocal parking agreement
41 -2
AMENDMENT TO RECIPROCAL PARKING AGREEMENT
The parties to this agreement are the City of Southlal e, Texas, herein called "CITY", and
Bicentennial Retail Plaza, L.P., herein called "DEVELOPER."
WHEREAS, the CITY and the DEVELOPER have previously executed that certain RECIPROCAL
PARKING AGREEMENT T dated September 13, 2006; and
WHEREAS, the DEVELOPER has constructed the original approximately 20 parking spaces and the
optional approximately 20 parking spaces made the subject thereof; and
WHEREAS, the DEVELOPER desires to construct a third row of approximately 20 concrete parking
spaces, as set forth herein;
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as
follows:
The terms and conditions of the RECIPROCAL PARKING AGREEMENT dated September 13,
2006 continue in full force and effect as set forth therein, and are supplemented by this
SUPPLEMENT TO RECIPROCAL PARKING AGREEMENT
I. PREMISES
1. The CITY agrees to provide an area shown on Exhibit A — Site Layout, hereto attached, denoted
as off -site parking spaces on Bicentennial Park property, for the construction of an entry drive and a
third row of concrete parking lot (approximately twenty spaces) on City property located within
Bicentennial Park. Parking lot and entry drive shall be designed and constructed in accordance with
City codes and regulations with all costs being bome by the DEVELOPER. These facilities are
herein called "PREMISES" in accordance with the terns of this Agreement.
II. OWN AND US OF PREMIS
Upon completion of the construction of the elements as shown in Exhibit A, the CITY will male
final inspections of the PREMISES and assume ownership upon satisfactory completion. The
DEVELOPER and CITY will have full use of the PREMISES at all times that the PREMISES are
available for use as dictated by the approved Bicentennial Park hours (6:00 a.m. to 12:00 Midnight).
REMISES will be unavailable for use during non-park hours or during necessary repairs and/or
maintenance,
III. TERM
This agreement will be effective the date signed by the Mayor and will continue into perpetuity as
covenant winning with the land, for a s long as the original Site Plan approved for the development
remains in effect. Upon any subsequent request for a change in zoning or a revision of the original
approved Site Plan, the CITY and DEVELOPER shall have the option of renegotiating the use of the
PREMISES. Substantial amendments to this agreement must be approved by City Council.
IV, FEES AND ASSIGNMENT
DEVELOPER shall not charge any fees for express use of the PREMISES without pxior approval of
the City Manager for any event. DEVELOPER shall not assign this agreement (except as a covenant
r=ing with the land upon a sale of the property made the subject of the Site Plan) nor shall it rent
out any property of the CITY without prior written consent of the CITY.
V. UNLAWFUL ACTIVITIES
DEVELOPER shall not engage in any activities on the premises which are 1n violation of any
existing state federal, local lave or use the premises in such a manner as to constitute any hindrance
for other park patrons engaged in laful activities,
VI. PERMISSION SION FOR INSTALLATION OR CONSTRUCTION
DEVELOPER, in accordance with the City's Donation Policy shall submit for approval of any
proposal to install or construct temporary or permanent structures, signs, equipment, or other related
items on the PREMISES.
VII. OTHER CONSIDERATIONS
In addition to the consideration of the construction of the approximately twenty concrete parking
spaces and other items identified in Exhibit A on the CITY'S property at no cost to the CITY, the
DEVELOPER and CITY further agree to the following considerations:
1 City to provide access easement between PR MISES and the drive that leads into
Bicentennial Park from FBI 1709, for the purpose of providing street: access to the
PREMISES.
2 All construction shall be subject to applicable inspections as required by the City and State.
VIII. INDEMNITY
DEVELOPER SHACK INDEMNIFY AND HOLD HARMLESS THE CITY OF
SOUTH SAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL
CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL
INJURY R PROPER'L'Y DAMAGE ARISING OUT OF OR RESULTING FROM ANY AC's'
R OMISSION COMMITTED DEVELOPER ITS OFFICIALS, AGENTS, MEMBERS,
EMPLOYEES, OR OFFICERS, IN CONNECTION WITH THE ACTIVITIES OF
DEVELOPER OR DEVELOPER'S INVITEES CONDUCTED UNDER THIS AGREEMENT.
NOTHING C NTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY
GOVERNMENTAL R SOVEREIGN IMMUNITY NIT F THE CI'T'Y OF SOUTHLAKE OR
ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGEN'T'S, SERVANTS OR
EMPLOYEES, NOR SMALL IT BE CONSTRUED T LIMIT OR WAIVE ANY
INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED
INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT.
Imo. COMMUNICATION
All communication shall be through the Director of Community Services and the President for the
DEVELOPER or their designee.
X. INSURANC
C E
DEVELOPER t its oven expense, shall obtain and keep in force during the term of this agreement
public liability insurance as will protect DEVELOPER and CITY from all claims for damages to
property and persons occurring on the PREMISES her the Developer and/or Developer's invitees, and
such insurance polio shall carry the City of Southlake as an additional insured, in an amount of at
least one million dollars 1,000,000) with such policy designed to cover the cost of defense and
liability for inju cs suffered her competitors in the organized athletic activity. The Insurance shall
protect CITY and DEVELOPER from and against all liability for claims arising out of or in
connection with DEVELOPER'S use and occupation of the premises. All insurance shall he issued her
a company or companies of sound and adequate financial responsibility and authorized to do business
in Texas. The City shall he required to maintain insurance at all times for the subject City Properties
(its land) during the term of this agreement.
AGREED:
Andy Wamhga,1aror
City of Southll
Date
ATTEST:
Lori Farwell, City Secretary
Date
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Ear: Bicentennial Retail Plaza, L.P.
ERP, Inc.
Its: General Partner
Thomas V. Stephen
Its; President
Date
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RECIPROCAL PARKING AGREEMENT RECMD
The Parties to this agreement are the City of Southla e, Texas, herein called "CITY ", and
Bicentennial Retail Plaza, L.P., herein called "DEVELOPER."
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the Parties agree as
follows;
1. PREMISES
1. The CITY agrees to Provide an area shown on Exhibit A — S ito Layout, hereto attached, denoted
as off -site parking spaces on Bicentennial Park property, for the construction of an end drive and
concrete parking lot (approximately twenty spaces) on City property located within Bicentennial
Park. Parking lot and entry drive shall be designed and constructed in accordance with City codes
and regulations with all costs being borne by the DEVELOPED. These facilities are herein called
"PREMISES" in accordance with the terns of this Agreement,
II. OWNERSHIP AND USE OF PREMISES
Upon completion of the construction of the elements as shown in Exhibit A, the CITY will make
final inspections of the PREMISS and assume ownership upon satisfactory completion. The
DEVELOPER and CITY will have full use of the PREMISES at all tines that the PREMISES are
available for use as dictated by the approved Bicentennial Park hours (6:00 a.m. to 12:00 a.m. ).
PREMISES will be unavailable for use during non -park hours or during necessary repairs and/or
maintenance.
III. TERM
This agreement will be effective the date signed by the Mayor and will continue into perpetuity as a
covenant running with the land, for as long as the original Site Plan approved for the development
remains in effect. Upon any subsequent request for a change in zoning or a revision of the original
approved Site Plan, the CITY and DEVELOPER shall have the option of renegotiating the use of the
PREMISES. Substantial amendments to this agreement must be approved by City Council.
IV. FEES AND ASSIGNMENT
DEVELOPER shall not charge any fees for express use of the PREMISES without Prior approval of
the City Manager for any event. DEVELOPER shall not assign this agreement (except as a covenant
wing with the land upon a sale of the property made the subject of the Site Plan) nor shall it rent
out any property of the CITY without Prior written consent of the CITY.
V. UNLAWFUL ACTIVITIES
DEVELOPER shall not engage in any activities on the Premises which are in violation of any
existing state, federal, local law or use the premises in such a miner as to constitute any hindrance
for other Park patrons engaged in lawful activities.
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I. PERMISSION FOR INSTA OR CONSTRUCTION
DEVELOPER, �
T n ac cor d ance with the City's Donation Policy shall submit f or app of an
proposal to install or construct temporary or permanent structures, signs, equipment, or other related
items on the PREMISES.
VII. OTHER CONSIDERATIONS
In addition to the consideration of the construction of the approximately twenty concrete parking
spaces and other items identified ire Exhibit A on the ITT" S property at no cost to the CITY, the
DEVELOPER and CITY further agree to the following considerations,:
1 CITY to provide DEVELOPER the option to construct an additional rove of parking to the
north of the proposed parking spaces (approximately twenty additional spaces) should the
DEVELOPER so choose with appropriate notification to the CITY. Should the
DEVELOPER wish to exercise this option all costs for design and construction of additional
parking shall he lone by the DEVELOPER and constructed in accordance with CITY codes
and regulations. CI'T'Y to own the parking lot and have full use in conjunction w ith th
tenants of Bicentennial Plaza; or,
2 ) CITY may design and construct at ITY's cost an additional rove of parking to the north of
the proposed parking spaces should the CITY make any imp rovements to the undeveloped
park property directly north of and abutting the Bicentennial Plaza development with the
number of spaces to be determined lased on the ac tual needs resulting form the p
improvement. CITY to own the parking lot and have full use in conjunction with the tenants
of Bicentennial Plaza.
3) City to provide access easement between PREMISES and the drive that leads into
Bicentennial Park ftonn FM 1709, for the pwTose of providing street access to the
PREMISES.
4) The area for future construction of a park entry feature shall be dedicated by the
DEVELOPER to the CITY by plat and owner acknowledgment as shown on the attached
exhibit B (except that the southem boundary of'the area dedicated shall extend to abut the
northem boundary line of the right-of-way shown on Exhibit in are amount of not less than
nine- hundred square feet o feet by 30 feet At the request of the DEVELOPER ownership
of such 30 foot by 30 foot tract shall revert to DEVELOPER if CI'T'Y has not constructed the
park entry feature within ten 10 years o f the d ate of this Agreement.
5) C ITY to be responsible for construction, mainte'nance, and utility costs associated with future
proposed entry feature and adjoining landscape. Future entry feature design and construction
shah he subject t applicable City code(s) and future City landscaping shah at a minimum
meet the standards of the T E EL PER's adjoining development. Landscaping shall be
installed within ninety days after issuance of the first Certificate of Occupancy within the
property made the subject of the Site Plan. Upon construction of the p en try f ea t ure,
such landscaping shah be installed on all sides of the proposed entry feature.
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6) CITY agrees to design and construct the entry feature as set forth on attached exhibit C.
,try feature design and construction shall be subject to applicable City code(s).
7) CITY agrees to waive Park Dedication fees in the amount of $1,620.00 in lieu of the
considerations herein* All other fees shall be applicable excluding any fees relating to the
property to be dedicated to CITY by DEVELOPER and CITY owned property referred to in
this agreement as PREMISES.
8) All construction shall be subject to applicable inspections as required by the City and Mate,
VIII, INDEMNITY
DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY of
SOUT LAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL
CLAIMS FOR BODILY INJURY, ILLNESS, DEATH ECONOMIC LOSS, PERSONAL
INJMY OR PROPERTY DAMAGE ARISING OUT of OR RESULTING FROM ANY ACT
R OMISSION COMMITTED BY DEVELOPER, ITS OFFICIALS, AGENTS, MEMBERS,
EMPLOYEES, OR OFFICERS, IN CONNECTION ION WITH THE ACTIVITIES OF
DEVELOPER OR DEVELOPER'S INVITEES CONDUCTED UNDER THIS AGREEMENT,
NOTICING CONTAINED HEREIN SI-IALL BE CONSTRUED TO LIMIT OR WAIYF ANY
GOVERNMENTAL OR SOVEREIGN IMMU II rY of THE CITY OF SOUT LAI E OR
ANY IMMUNITY APPLICABLE To ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, NOR SMALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY
INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NASD
INSURED AS PROVIDED IN PARAGRAPH XII of THIS AGREEMENT,
IX. COMMUNICATION
All communication shall be through the Director of Community Services and the President for the
DEVELOPER or their designee.
X INSURANCE
DEVELOPER at its own expense, shall obtain and keep in force during the term of this agreement
public liability insurance as will protect DEVELOPER and CITY from all claims for damages to
property and persons occurring on the PREMISES by the Developer and/or Developer's invitees, and
such insurance policy skull carry the City of Southla.e as an additional insured, in an amount of at
least one million dollars 1,000,000) with such policy designed to cover the cost of defense and
liability for injuries suffered by competitors in the organized athletic activity. The insurance shall
protect CITY and DEVELOPER from and against all liability for claims arising out of or in
connection with D V LOP 's use and occupation of the prerm'ses. All insurance shall be issued by
company or companies of sound and adequate financial responsibility and authorized to do business
in Texas. The City skull be required to maintain insurance at all tunes for the subject City properties
(its lard) during the teen of this agreement.
12& 29 77de p 3JA
AGREED
An Wa, bs anss, Mayor
City of S
GeAkKboz 1a aa7�
s
Date
Date
DEVELOPER
B Y: B icentenm*al R Plaza, L.P.
RP, Inc.
Its
B y, nomas V. Stephen
Its: President
Date
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ATTEST;
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L ori Farw City Secretary
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Date
DEVELOPER
B Y: B icentenm*al R Plaza, L.P.
RP, Inc.
Its
B y, nomas V. Stephen
Its: President
Date
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EXHIBIT A
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EXHIBIT
Entry Feature design standards
1 , Design Theme
e Materials for an entry sign should be compatible and complementary of existing or
proposed architectural structures in proximity of the proposed structure
• The sign should be unique enough to announce the park entrance and be i n k eeping with
the park theme, yet be compatible with nearby architecture.
• The Entry Feature may be either a Monument Sign or are Arch.
2) . Entry Feature Design — Monument
•
If the potential entry feature structure is a�'mo Sumer t" sign, the sign shall be made of
materials such as cast architectural concrete masonrr units stone, steel, or a combination
o f such materials.
e The base of the sign structure w ou ld b e mounted on a struc tural concrete foundation set on
piers,
• if a four sided m nwnent sign the height of the structure shall not exceed a maximum of
twelve 12 feet and the width of the structure shall not exceed a maximum of six feet
and shall only he permitted on the northers most part of the diagram mar ked 'W' in
ExMbit B. Additionally, the CITY shall not pl ace a reader signage h oard on any side of
the sign facing the Retail Project.
If a two -sided monwnent sign is cons tructed, each side of the sign shall not excee four
( 4 ) feet in height nor 120 square feet in size and shall he placed in the most southern
portion of the property to he dedicated to the City as "s reasonably practicable.
City agrees to install a landscape bed th e enti length at .' height intervals i .e. one
planter at ground level and another at ' in height) for greenery and seasonal landscaping
consistent with the landscaping o the adjacent property.
Graphics should be readable day and night with no b ack lit flores li ghting,
3 ) . Entry Feature Design — Arch
a If the potential entry feature is an arch, the sign shall be a pair of columns each not greater
than six feet in diameter, constructed on either side of th ro adway to support a l ow
arch or other horizontal element high move the roadway. Cast concrete, stone, masonry
units, steel or a combination of such materials may be used for the columns. The
horizontal element would probably b e steel truss work, with or without a veneer,
a The bases the columns would be mounted on structural concrete foundations set on
piers,
e The height of the cols would be adequate to allow a minimum vertical clearance
between the roadway and the horizontal e of approximately 18 feet or as code
requires,
City agrees to install a landscape bed extending a from the base of the columns no less
flm ' (six) feet for greenery and seasonal landscaping consistent with the landscaping o
the adjacent property.
Graphics should be readable day and M"ght with no `back lit florescent lighting on the
columns.
DZ66 q77�A �
CITY OF SOUTHLAKE
1400 MAM ST STE
UTHLAKE TX 76092
ubmi t rs, CITY OF SOUTHLAKE - LKE -001
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COU TH USE
100 WEST WEATHERFORD
FORT WORTH TIC 76196 , -0401
DO NOT DESTROY
W IS PART OF IAL RECORD. m ms
Filed For Registration: 0912612006 08:18 AM
Instrument #: D 06 77 6
%wft"mv A 8 PGs $40.00
D
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
F THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RASE IS VALID AND UNENFORCEABLE UNDER FEDERAL LA W