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Item 5HCity of Southlake, Texas MEMORANDUM June 12, 2006 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services SUBJECT: Consider an amendment to the Developer Agreement for The Cliffs at Clariden Ranch, Phase IV Action Requested: City Council consideration of amendment to the developer agreement for The Cliffs at Clariden Ranch IV development to modify the turf requirements for the 10.68 acre park site allowing the use of hydromulch in lieu of sod. Background Information: Terra Land Management, the developer of The Cliffs at Clariden Ranch, has submitted a request to the City to revise the existing developer agreement with the City to allow the use of hydromulch in lieu of sod on the 10.68 park site. The developer agreement as approved by City Council on January 3, 2006, includes attachment "A," bullet point nine stating, "Developer to install sod on all or most of the 10.68 acre site with hydromulch along the edges." The developer has indicated that use of sod was an error in their initial offer and is proposing hydromulch with a minimum 95% coverage. Should the Council approve the use of hydromulch staff suggests the Developer Agreement be amended to include the following: "Developer to hydromulch the 10.68 acre park site using common Bermuda grass (Cynodon Dactylon), hulled, 82% pure live seed 'Topgun'. All grass seed shall be free from noxious weeds, grade A recent crop, recleaned, and treated with appropriate fungicide at time of mixing. Seed shall be furnished in sealed, standard containers, which shall be retained by the Developer for inspection. Copies of the official seed analysis or official seed tags shall be furnished to the City. Bermuda grass seeding shall not be applied prior to May 1 nor after August 15 or at anytime the soil temperature is less than 70 degrees F and shall be applied at a minimum rate of 3 lbs pre 1000 S.F. Developer shall be responsible for total coverage of all areas delineated on the plans for turf establishment. Bare areas in Bermuda grass turf in excess of twelve square inches (i.e. 3" X 4 ") resulting from unequal seed distribution, lack of germination, erosion, or other causes shall be reseeded per the original specifications." Given the size of the park site the use of hydromulch is a typical and accepted method for establishing turf. Financial Considerations: Not applicable as it relates to the City. Financial Impact: There is no direct financial impact to the City utilizing hydromulch in lieu of sod. Citizen Input/ Board Review: Parks Board reviewed this request at their June 12, 2006 meeting and recommended XXXXX by a vote of (X -X). City Council approved the developer agreement for The Cliffs at Clariden Ranch at their January 3, 2006 meeting. Legal Review: Not Applicable. Alternatives: City Council review and consideration. Supporting Documents: Supporting documents include the following items: • A letter from the applicant stating his request for modifications to the developer agreement • Exhibit A from the developers agreement • Concept plan Staff Recommendation: City Council consideration of amendment to the developer agreement for The Cliffs at Clariden Ranch, Phase IV development to modify the turf requirements for the 10.68 acre park site allowing the use of hydromulch in lieu of sod T E P, May 10, 006 11+11', Stevc Poktsek Director of community Services City of Southlake 400 North White Chapel southlake, Texas 76092-6242 Re: The Cliffs at Clariden Ranch Dear Steve, Please let this letter serve as our request to have the attached rrvised "Attachment A" regarding our improvements to the Pak 3arnd at The Cliffs at Clariden Ranch approved by Oic Park Board at #heir June meeting. Per our. conversation, w made an error in our or.4ganal offer to install sod on "all or rnost of the IGAS acre site'. We proMi, the r wording that we will " estab]iS h turf on 95% of the 10.68 acre site". We have revised the wording on the a ttach tnom and ask that the Park 136W a the change so that we can �then have our revised Developers AgreelncM 4kwo�ed by the city council. I have also attached a brief Kist f sally Dinsmore Oicn. N.lj Dien remains involWed in this project and our regixast ism you allow us to notne the 4. ?4 acre park "The Sally Dinsmore Dien Parlr ". We understand that we vAh lie responsik le for,any plaques or art work amodated with this natnin& The late Mrs. Sally Dien was a perwn who spent her whale life giving to others and we believe it appropriate that we honor her in this small way. With this in mind, we also request that the Park Board approve the earning of ibo 4.24 ache park after Mrs. Dien- We will then take the request to the city council for their approval. ...... _ Thank you for yoar help and phase do not hesitate to watact ine with Any qumtion& Sincerely, Paul.. ,.�..... ..........- -- - - - ..,._- ...... ...._.. -.. -.- .... _. _. President Pslkh Attachment Cc- Mr. Clayton Redingcr TERRA LMD.MANAGEMENT, INC. .396W. NORTHWEST PARKWAY (KVVY, 11 d) o $UITE 300 $ SOUx�- iiAKE, T 76041 *.OFFICE: (817) 4W- M • FAX: (817)410-9205 Attachment "A" Developer agrees to the foilowing provisions as it relates to the dedication and development of park ia,nd. Provision of south lot (Lot 25, Block 2) on White Chapel for future parking lot with access sidewalk along White Chapel to an easement north of Lot 20, Black 2. + Easement north of Lot 20, Block 2 to be a minimum 70 `(feet) tai allow for 8' (feet) trail and buffer area. • Developer to perform all reclamation. Developer to provide a Level 2 (mast extensive) environmental cute assessment report to be presented and reviewed by Parks Board prior to final acceptance. • Developer to fill in all voids and haul off exposed debris on the proposed park areas and make it ready for park use. • HOA to be responsible for landscape maintenance of dedicated public park sites. (14.92 acres). • Developer to install irrigation can 10.68 acre and 4.24 acre sites. • Uri ion water for both park saes. • Developer to install sod on all or most of 10.68 acre site with hydrernuJch along edges. + ev icured park to include 8' (feet) trails. • Developer to provide benche6 ( and all print materials for 4.24 acre site. Developer to construct 6 parallel parking inset spaces (one handicapped accessible) along the east side of 4.24 acre park near divided road section. + Developer to provide 8' (feet) trail connection from White Chapel for future connection to 4.24 acre park and T.W. King. Developer to provide a pedestrian barrier along the trail near the cliff area of the 4.24 acre park site. Developer to provide park signage identifying the park areas as public parks 4 1 1.1 I. :.� lull, 1 �,_ _�.• A ..�' T r 1' , ,1 w ra WAR � m 1 Iili �+ � � � _!iR'F �� ~- + :,_ x -1 � ' _ % �. A'- s+'F 1 ���4 ° - r L �``� "4 „q6•'� ,1y - i :��� : : � e ; r� ., � _ _ �_ �,, a ,� } � .° *L r ' � ' r �, � � :��''r+ -���fa _ems-. k � eSe�` r � �•:� '1' ..• *` �I _ I'I �1 l Zt , a y : 7 . F S "� e i �' r ' + ,' • i t�;_tl�,. _- _ ' .rte • r: '# I:.,.. P t A The Cliffs at Clariden Ranch I uthla . T