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
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Shana Yelverton, City Manager
August 24, 2006
Page 9
EXHIBIT B
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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