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Item 7LCity of Southlake, Texas MEMORANDUM July 25, 2006 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services SUBJECT: Approval of reciprocal parking agreement with Bicentennial Retail Plaza, L.P. Action Requested: City Council approval of the proposed reciprocal parking agreement with Bicentennial Retail Plaza, L.P. Background Information: The City of Southlake has been working with the developer of Bicentennial Plaza during the last several months regarding a potential agreement to allow for reciprocal use of a proposed parking lot in Bicentennial Park. Included is a copy of the proposed agreement as presented by the City to the Developer. In general, key points of the proposed agreement include: • The City agrees to provide a defined area within Bicentennial Park for the construction of an entry drive and concrete parking lot (approximately twenty spaces) • Parking lot and entry drive to be constructed by Developer at their cost with City to assume ownership upon satisfactory completion. • 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.). • City to provide Developer the option, at Developer's cost, to construct an additional row of parking to the north of the proposed parking spaces (approximately twenty additional spaces) with City to own and have full use in conjunction with the tenants of Bicentennial Plaza • City option to construct, at City's cost, an additional row of parking to the north of the proposed parking spaces should the CITY make any improvements to the undeveloped park property directly north of and abutting the Bicentennial Plaza development (number of spaces to be determined based on the actual needs resulting form the park improvement) with City to own and have full use in conjunction with the tenants of Bicentennial Plaza. • City to provide access easement between proposed parking lot and the drive that leads into Bicentennial Park from FM 1709. • Developer to dedicate to the City by plat an area of not less than nine- hundred square feet (30 feet by 30 feet) for a proposed entry feature. • City to be responsible for construction, maintenance, and utility costs associated with future proposed entry feature and adjoining landscape with landscaping at a minimum meeting the standards of the Developer's adjoining property. • City to design and construct the entry feature based on general design principles as outlined in exhibit C of the proposed agreement. Shana Yelverton, City Manager July 25, 2006 Page 2 • City agrees to waive Park Dedication fees in the amount of $1,620.00 in lieu of the considerations. • All other fees shall be applicable excluding any fees relating to the property to be dedicated to the City by the Developer and City owned property included as part of the proposed reciprocal agreement. • The proposed agreement would continue into perpetuity 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 shall have the option of renegotiating the ownership and use of the facilities. The City recently received comments back from the Developer and are working to finalize the agreement prior to the upcoming Council meeting. Financial Considerations: Developer responsible for construction costs relating to proposed parking lot(s) and access easement. Park Dedication fees ($1,620) and inspection fees of work on City property (estimated at $200) waived by the City. Financial Impact: City responsible for: 1) future maintenance costs of proposed parking lot and access drive; 2) future construction and maintenance costs relating to entry feature; and 3) landscape maintenance costs for parking lot islands and area dedicated to City. Citizen Input / Board Review: Parks Board recommended approval (5 -2) at their February 16, 2006 meeting a proposal submitted by the Developer (attached) to exclude bullet points #7, #8, 49, and #10 of the proposal. Legal Review: The City Attorney has reviewed the proposed agreement as submitted. Alternatives: Alternatives may include: • Approval of the proposed agreement as presented • Request for modifications to the proposed agreement • Non - approval of the proposed agreement Supporting Documents: Supporting document includes the following items: Proposed Reciprocal Parking Agreement Proposal, as summarized by staff, and submitted by Developer to Parks Board Staff Recommendation: City Council approval of the proposed reciprocal parking agreement with Bicentennial Retail Plaza, L.P. Shana Yelverton, City Manager July 25, 2006 Page 3 RECIPROCAL PARKING AGREEMENT (DRAFT) The parties to this agreement are the City of Southlake, 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: L 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 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 DEVELOPER. These facilities are herein called "PREMISES" in accordance with the terms of this Agreement. IL 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 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 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 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 shall have the option of renegotiating the ownership and 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 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 manner as to constitute any hindrance for other park patrons engaged in lawful activities. Shana Yelverton, City Manager July 25, 2006 Page 4 VI. PERMISSION 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 DEVELOPER the option to construct an additional row 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 be borne by the DEVELOPER and constructed in accordance with CITY codes and regulations. CITY to own the parking lot and have full use in conjunction with the tenants of Bicentennial Plaza; or, 2) CITY may design and construct at CITY's cost an additional row of parking to the north of the proposed parking spaces should the CITY make any improvements to the undeveloped park property directly north of and abutting the Bicentennial Plaza development with the number of spaces to be determined based on the actual needs resulting form the park 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 from FM 1709, for the purpose of providing street access to the PREMISES. 4) The area for future construction of a park entry feature would be dedicated by the DEVELOPER to the CITY by plat and owner acknowledgment as shown on the attached exhibit B in an amount of not less than nine - hundred square feet (30 feet by 30 feet). 5) CITY to be responsible for construction, maintenance, and utility costs associated with future proposed entry feature and adjoining landscape. Future entry feature design and construction shall be subject to applicable City code(s) and future City landscaping shall at a minimum meet the standards of the DEVELOPER's adjoining development. 6) CITY agrees to design and construct the entry feature based on the principles shown on attached exhibit C. Entry 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 Shana Yelverton, City Manager July 25, 2006 Page 5 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 State. VIII. INDEMNITY DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RESULTING FROM ANY ACT OR OMISSION COMMITTED BY DEVELOPER, ITS OFFICIALS, AGENTS, MEMBERS, EMPLOYEES, OR OFFICERS, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED 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, and such insurance policy 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 injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY 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 be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. Shana Yelverton, City Manager July 25, 2006 Page 6 AGREED: Andy Wambsganss, Mayor City of Southlake Date ATTEST: Lori Farwell, City Secretary Date Bicentennial Retail Plaza, L.P. By: BRP, Inc., its Managing Partner Thomas Stephen President Date 2 IA SUMMARY lgp 5310 HARVEST HILL ROAD —0 SUM 14k L8 156 Sim ank DALLAS. TEXAS 15230 IF || // q /| / . ------�—A / PRIM 0~ / � ISSUE LOO u u Y-1 ,°�'°M "� = sc�a � SHEET NO. ALI uq w W �� 01 SITE PLAN EM Shana Yelverton, City Manager July 25, 2006 Page 8 EXHIBIT B ` T = 64-W 1 g - a >> r °e y'±J r °`b 6t`r, =;iv f.. i2 e •t, r o p L = 128.88' UPSTER T 4 CS - S i 25 5 Spl 41• r ENTRY ENTRY WTIRT ENTRY FWW 128.DT 51 Rl l' KLE�,yr ED Rr=TAIUREISTAURMT _ r ! NTl� €nmzr 017W EWRY 7 !- l 1 A III T - 1 NLLLY PIL SP 9'fi 1 &'. 2A'MELANE BLD"NUMENT LJ r SIGN II 9 €A' s IN t , � �,+� ° a c a �; I EXI! I CC I FASTING CURB :1 / 4 "c L 1 jCl f/� /f, r 1rl�C'G✓l __ Z. x INLET PST 44 mr FUTURE Po CB x S 6 ° PARK ENTRY R BUI)a MONUMENT EXISTING = 18p -14' �q .7• URB 9' CONCRETE SIGN INLET SIDEWALK. 211 Fam DRIVEWAY bo CL of EICENTENNIAL w4r behmn dr wee ES SDUTHLAKE BLVD. LA ©fISTING _ IN LET TO * (F.M.1709) REhAAIN 0 - Shana Yelverton, City Manager July 25, 2006 Page 9 EXHIBIT C Entry Feature design standards 1). Design Theme • 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 in keeping with the park theme, yet be compatible with nearby architecture. 2). Entry Feature Design — Monument • One potential entry feature structure would be a "monument" sign. The sign would be made of materials such as cast architectural concrete, masonry units, stone, steel, or a combination of such materials. • The base of the sign structure would be mounted on a structural concrete foundation set on piers. • The height of the structure could be between 15 and 25 feet. • Graphics should be readable day and night. External and /or internal lights could be included. 3). Entry Feature Design — Arch • A second potential entry feature would be a pair of columns constructed on either side of the roadway to support a low arch or other horizontal element high above 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 be steel truss work, with or without a veneer. • The bases of the columns would be mounted on structural concrete foundations set on piers. • The height of the columns would be adequate to allow a minimum vertical clearance between the roadway and the horizontal element of approximately 18 feet or as code requires. • Graphics should be readable day and night. External and /or internal lights could be included. Shana Yelverton, City Manager July 25, 2006 Page 10 Proposal submitted by Developer as presented to Parks Board February 16, 2006 City of So uth la e Parks and Recreation February 9, 2006 Mr. Thomas Stephea 250 W. 5outhlake Boulevard, Suite 250 Southlake, Texas '16092 Re: }3ieenteruiiai Plaza Development Dcar Mr. 5tephcn: Thank for the opportunity to visit regarding potential City participation as it relates to your Bicentennial Plaza development. Below is an itemized listing of your proposal points as provided by you during our meeting on February 9, 2f1Q6. Please sign on the space indicated below as confirmation of the inclusiveness and accuracy of your proposal paints. ■ Developer and City to enter into a reciprocal parking agreement allowing for construction of an entry drive and parking lot (approximately twenty spaces) on City property located within Bicentennial Park as shown on the attached exhibit A. Park* lot and entry drive shall be designed and constructed in accordance with City codes and regulations with all costs being borne by the Developer. • City to own the parking lot and entry drive, have full use in conjunction with the tenants of Biccntelnzial P1aaa, and be responsible for their maintenance and upkeep including parking lot landscape islands. • City would provide, Drveioper the option to construct an additional row ofparking 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 casts for design and construction of additional parking shall be bore by the, Developer and constructed in accordance with City codes and regulations. City to own the parking lot and have full use in conjunction with tht tenants ofBicetntermial Plaza; or, ■ City would design and construct at City's cost an additional row of parking to the north of the proposed parking spaces should the City make any improvements to the undeveloped park property directly north of and abutting the Bicentennial Plaza development with the number of spaces to be determined based on the actual needs "VAiere fan is serious bu81n"sl" 490 North Mute Chapel • Southlake. TX 7$032 (817) 481 -2374 • wwwAsourhlake.tx.us • (817) 481 -1594 fax Shana Yelverton, City Manager July 25, 2006 Page 11 resulting form the park improvement. City to avert tbo parking lot and have full use in conjunction with the tenants of Bicentennial Plaza. ■ City to provide access easement for the use of the entry drive into Bicentennial Park off Not of FM 1709, recommended by Parks Board ■ Developer to pay to City all fees associated with Bicentennial Plaza project constructed on private property. ■ City to receive title to the southwest corner of property (ap"Ydniatcly 3,200 square feet) at a cost equal to the fees paid by the Developer on the Bicentennial Plana development. ■ City to be responsible for construction, maintenance, and utility costs associated with proposed entry feature and adjoining landscape. Entry feature design and construction sha]l be subject to applicable City code(s). Developer to retain approval rights on the architectural design of the entry feature should it differ fxow the conceptual design as shown on attached exhibit B. Entry feature design and construction shall be subject to applicable City code(s). ■ Developer to retain rights to place tenant signage on the proposed entry feature as shown} on the attached exhibit B. ■ All construction shall be subject to applicable inspections as requiredby the City and State. To Stephen l�, , Date - �f- k Again, thank you for your proposal to seek City participation in your Bicentennial Plaza project and we look forward to your participation in our upcoming Parks and Recreation Board meeting scheduled for February 16, 2006. Sincerely, Steve Polasek Director of Community Services Cc: 5hana Yelverton, City Manager Jim Blagg, Assistant City Manager Kcn Baker, Director of Planning Cfreg Last, Director of Economic Development