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Item 7FCity of Southlake, Texas MEMORANDUM August 24, 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 drafted in coordination with the Developer and signed by the Developer as a show of his intent and approval of the agreement as submitted for Council consideration. 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 with the southern boundary of the area dedicated extending to abut the northern boundary line of the right -of -way. • Ownership of such tract shall revert to Developer if City has not constructed the park entry feature within ten (10) years Shana Yelverton, City Manager August 24, 2006 Page 2 • 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. • 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 and Developer shall have the option of renegotiating the ownership and use of the facilities. 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 installation and 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, 98, #9, 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 signed by developer Proposal, as summarized by staff, and submitted by Developer to Parks Board on February 16, 2006 Staff Shana Yelverton, City Manager August 24, 2006 Page 3 Recommendation: City Council approval of the proposed reciprocal parking agreement with Bicentennial Retail Plaza, L.P. Shana Yelverton, City Manager August 24, 2006 Page 4 RECIPROCAL PARKING AGREEMENT The parties to this agreement are the City of Southlakc. Tcxas, herein called "CITY ". and Bicentennial Detail Plaza. L.P., herein called "DEVELOPER." FOR AND IN C NSIDEP_kTION of the mutual undertakings herein set out.. the parties agree as follows: 1. PREMISES 1. The CITY agrees to provide an area shmvn oii Fxhi bit A —Site Layout, hereto attached, denoted as oft =site parking spaces on Bicentennial Park property, for the construction of an entry drive and C oncrete parking Iot (approximately twenty spaces:) o City property located within Bicentennial Parr. Parking lot and entry drive shall be devz:igned and constructed in accordance with City Bodes and regulations with all costs being borne by the DEVELOPER. These facilities are Pereira called "PREMISES" in accordance with the terms of this Agreement. 1I. O - IERSHIP AND USE OF PREMISES Upon completion of the construction of the elements as show in Exhibit A, the CITY will make final inspections of the PREMISES and assume owncrsh p upon satisfactory completion. The DEVELOPER and CITY will have full use of the PRFMISES at all times that the PREMISES are available for use as dictated by the approved Bie enunnial Park hours (6:00 a.m. to 12;00 a PREMISES will lac 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 llLVLT.0PER shall have the option of renegotiating the use of the PREMISES. :Substantial amendments to this agreeme must be approved by City Council. IV. FEES AND ASSIGNMENT DE'v ELOPER shall not cha rge any fees for express use cif the PREMISES without prior approval of the City Manager for any event. DEVELOPER shall not assign this agreement (except as a covenant running , Mth the land upon a gale of the property made the subject of the Site Plan) nor shall it rev out any property of the CITY without prior �%gitten consent of the CITY. V. UNLAWFUL ACTIVITIE DFVELOPER shall not engage in any activities on the premises which arc in violation of any existing state, federal. Iocal law or use the ppremi ses in such a manner as to const any hindrance for other park patrons engaged in la"ful activities. Shana Yelverton, City Manager August 24, 2006 Page 5 VI. PERMISSION FOR INSTALLATION OR CONSTRUCTION DEVF LOPER, in accordmice with. the City's Donation Policy shall submit for approval of any proposal to install or construct temporary or permanent strut t1u - Cs, 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 prop rfy at no cost to the CITY, the DEVELOPER and CITY further aercc to the following considerations 1) CITY to provide DEV1rLOI'ER 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 rot 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 Bicentermial Plaza; or, 2) CITY may design and construct at CIT 's cost an additional row of parking to the north of the proposed parking spaces should the CITY make any irnprovemcins to the undeveloped park property directly north of and abutting the Bicentennial PIaca development w.ith the number of spaces to be deterniined basted on the actual needs resulting form the park improve ment. CITY to own the parking lot and have full usc in conj unction with the tenants of Bicentennial Plaza. 3) City to provide access easement between PRFVTSF.S and the drive that leads into Bicentennial Park tram FM 1709, for the purpose of providing street access to the PREMISES. 4) The area for future construction of a park entry feature shall be dedicated by the DL•'VELOPER to the CITY by plat and o vrncr acknowlcdgment as shown on the attached exhibit B {except that the southern boundary cif the area dedicated shall extend to abut the northern boundary line of the right -of -way shown on Exhibit B) in an amount 0 not less than nine - hundred square feet (30 feet by 30 f=eet). At the request of the DEVELOPER ownership of such 30 foot b y 30 foot tract shall revert to DEVELOPER if CITY has not constructed the park entry feature within ten (10 ) years of the date of this Agreement. 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 Mininjum meet the standards of the DEVELOPER's adjoining development. Landscaping shall be installed within ninety (90) days after issuance of the first Certificate of Occupancy within the propert y made the subject of the Site Plan. Upon cor true tlon of the proposed entry feature, such landscaping shall be installed on all sides of the proposed entry feature. Shana Yelverton, City Manager August 24, 2006 Page 6 6) CITY agrees to design and construes the erntry feature as set forth on attached exhibit C. Entry feature design d construction shall be subjract 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 in specnons 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 AN-' AND A LL CLAIMS FOR BODILY INJURY, ILLN ES.S, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IRFSULTTNG FROM ANY ACT Olt OMISSION COMMITTED BY DEVELOPER, ITS OFFICIALS, AGENTS, MEMBER , EMPLOYEES, OR OFFICERS, IN CON NEC,T10.4 WITH THE ACTIVITIES O DEVEL OPER OR DEVELOPER'S INVITEES CONDU CINDER THIS AGREEMENT. NOTHING CONTAINED HEREIN SH ALL BE CONSTRUED TO LIMIT OR WA IVE ANY GOVERNMEN OR SOVEREIGN IMMUNITY OF THE C ITY OF SOL:THLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY IN SUR %NCF COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARA RAPH XII OF THIS AGITEEMEN'r. IX. CONI U IICATION All communication shall be through the Director of Community Services and the President for the DEVELOPER or their designee. X. INSURANCE DEVELOPER at its ow-n. expense, shal I 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 andlor Developer's invitk cs, and such insurance pc4icy shall carry the City of Southlake as an additional insured, in an amount t. , lf at least one million dollars ($1,000,000) v�rith 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 ajainst al liability for claims arising out of or in connection with DFVELOPER's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate Iinancial responsibility and autlicri?ed to do business in Texas. The City shall be required to maintain insurance at all times far the subject City Properties (its land) during the term of this agreement. Shana Yelverton, City Manager August 24, 2006 Page 7 AGREED. Andy Wambsganss, Mayor City of Southlake Date ATTEST: Lori Farwell, City Secretary Date DEVELOPER fly. Bicentemial Retail Plaza, I -P. Its By: Thomms V. Stcphen Its: President Late ` •41h R � .� wwn,•�. _. a ' �N , R:+tli Sl ::.•q.�va�r ..� � ..:.. x •ar w�4r,r o .. N � -� ' .. a _. �.. G a '!i tl]Id Ns�i+f - , � C w7�M01 y L � �;.� ,5 I�tAi!��-0.I�:VS9 '�'�. �i� I• • g{.' 211Mii - f � I ; ++• -- S ., i ieP• Pry PPw - � ^ I , , , k, . . - o0 E I � xc slr�Praler e.,new,n M LL r wx wfN IIt •9 D l 7 } �R t rcw�retnr4a a.� ao-r�R c+4x5 r ior�w .. Likm .,.. HMO .�r 01 SITE 0Q * * r.x.r VSY .. Z144S"1#fi CD N� o � 0 0 a1 � W, I� CD �'S Shana Yelverton, City Manager August 24, 2006 Page 9 EXHIBIT B x 4 �rSfllA6�Yi. -+ r e� �, •art �. I _ SIGN 1 SL3 _. -- '• � � 7s cwt LJWF � ,�6Mt+EN7 a� t �: 1 . 4 f _ 5 ` fLfTLM '6L. PARK wA E)lIMCI -I fc AG E ti r UD(k LYllFIHT EVES S OUTHLAKE BLVD, ti T 1 T6 'FM. 1709) A€++t rt Shana Yelverton, City Manager August 24, 2006 Page 10 EXHIBIT C Entry Feature dcsi p standards 1). Design 1lienre + Materials for an Lntry sign should be compatible and coniplementary of existing or Proposed architectural structures in proximity of the proposed structure The sign should be unique moug,h to announce the park entrance and be in keeping with the park theme, yet be compatibIc with nearby architecture. • The Entr y Feature may be either a M -onument Sign -or an Arch. 2). Entry Feature Design — Monument If the potential entry fc.aturc structure is a16 6" monument' sign, the sign, shall be made of materials such as east 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 sct on piers, If a four sided monument sign the height of the structure shall not exceed a maximurn of twelve 12 feel and the width of'the structure: shall. not exceed a =iniun, of six (6) fcct and shard only be pertmitted on the northern most part of the diagram marked "?C" in Exhibit B. Additionally, the CITY shall not place a reader signage board can any side of the sign facing the Retail Project_ * If a two -sided monument sign is constructed, each side of the: sign shall not exceed four (4) feet in height nor 120 squar -e feet in size and shall be placed in the most southern portion of'the property to be dedicated to the City as is reasonably practicable. City agrees to install a landscape bed the entire length at 2' height intervals (i.e. one planter at ground level and another at 2' in height) for greenery and seasonal landscaping consistent -v1th the landscaping of the adjacent property. Cmaphics should be readable day and night with no hack lit iloresecm lighting. 3). Entry Feature Design — Arch If the poEential entry feature is an arch. the sign shall be a pair of columns each not greater than six (6) feat in diameter, constructed on either side of the roadway to support a love arch or other horizontal element high above tyre roadway. fast 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. 0 The bases of ft columns would be mounted on structural concrete foundations set on piers. The height of the columns v,vould be adequate to allow a minirnurn vertical cleararnee between the roadway and the horizontal clement of approximately 18 feet or as code requires. • City agrees to install a landscape bed extending a from the base of tile columns no less than 6' (six) feet for greenery and se -asonal landscaping consistent w.ith the landscaping of the adiacent pruperty. * Ciraphics Aould be r dable clay and night with no "bask lit florescent lighting on the columns, Shana Yelverton, City Manager August 24, 2006 Page 11 EXHIBIT A Proposal submitted by Developer as presented to Parks Board February 16, 2006 4 k;Jth�d City of S o uthla o Parks and Recreation February 9, 2006 Mr. Thomas Stephen 250 W. 5outhlake Boulevard, Suite 250 Southlake, Texas 76492 Re: $icxmtenuial Plaza Development Dear Mr. Stephen: Thank for the opportunity to visit regarding potential City participation as it relates to your Bicentennial Plaza. development, Below iS an iternizcd listing of your proposal points ag provided by you during our meeting on February 9, 2006. Please sign on the space indicated below as confirmation of the inclusiveness and accuracy of your proposal points. ■ Developer and City to enter into a reciprocal parking agreerraent allowing foir 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. 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. • City to own the parking lot and entry drive, have full use in conjunction with the tenants of Bicentennial Plaza, and be responsible for their maintenance and upkeep including parking lot landscape islands. City would 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 bone 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, ■ 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 "Where fpn is 5ettous 1?usin"61" 440 North White Chepel • SauthIake, TX 7$492 (817) 481 -2374 • wwwAsouthlake.tx.us+ (817) 481 -1594 fax Shana Yelverton, City Manager August 24, 2006 Page 12 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