HomeMy WebLinkAbout10-00500121- 00076684Park Land Dedication Ordinance
Project Review Checklist
Date Received:
Park Zone:
Current Zone Balance:
Project Location:
Name of Development:
Phase:
Applicant:
Address:
City /State /Zip:
Phone Number /Fax:
E -mail:
Engineer /Planner:
Address:
City /StateZip:
Phone Number /Fax:
E -Mail:
REQUIRED COMPLIANCE
April 4, 2005
10
$ 133,195
North Side of Highway 40
Forest of Castlegate
N/A
Greens Prairie Investors LTD.
4490 Castlegate Dr.
College Station, TX 77845
979 - 690 -7250 Fax Number:
Texcon
1707 Graham Rd.
College Station, TX 77845
979 - 764 -7743 Fax Number:
Section 10 -B -1: Land Dedication
Single Family Dwelling Units:
Multi - Family Dwelling Units:
Total Land Requirement:
Proposed Dedication:
295
2.92 Acres
4.190
Section 10 -B -2: Fee in Lieu of Land
Has the Planning and Zoning Commission's approval been obtained?
Land Fee:
Single Family Fee ($198 /dwelling unit): $198 x 295.00 = $58,410
Multi - Family Fee ($160 /dwelling unit):
Total Acquisition Fee:
Section 10 -B -3: Park Development Fee
Single Family Fee ($358 /dwelling unit):
Multi- family Fee ($292/dwelling unit):
Total Fee Amounts:
Total Single Family Fee ($556 /dwelling Unit):
Multi - Family Fee ($452 /dwelling Unit):
$358 x 295 = $105,610
Section 10 -13-4: Park Development in Lieu of Fee
Required development cost:
Staff review date and comment: April 4, 2005
Parks Board review and decision: April 12, 2005
Section 10 -8 -5: Minimum Park Size
Is the proposed park less than five (5) acres? No, it is 5.863 acres
If yes, staff recommends: Acceptance of land plus the development fee
Section 10 -13-7: Prior Park Acquisitioh� -
Is there an existing park that can serve the proposed development?
A 5.863 acre park site is
located in this sub division
Park Land Dedication plus the Park Development Fee - 1.5 acres
If yes, staff recommends: were dedicated from the SpringCreek Town Homes.
Section 10 -E: Comprehensive Plan
Is the proposed park dedication in compliance with the City's Comprehensive Plan and the
Recreation, Park, and Open Space Master Plan? Yes
Comments:
Section 10 -F: Additional Information
Is land in the 100 -year floodplain?
No
Percentage:
a. Detention /Retention? No Size:
Meets Board Policy?
Acreage in floodplain:
Acreage in detention:
Acreage in greenways:
Comments:
No
No
No
Percentage:
Percentage:
Percentage:
Section 10 -F (of the Park Land Dedication Ordinance)
10 -F. 1 Any land dedication to the City under this section must be suitable for park and
recreation uses. Consideration will be given to land that is in the floodplain or may be
considered "floodable" even though not in a federally regulated floodplain as long as, due
to its elevation, it is suitable for park improvements.
(a) Neighborhood park sites should be adjacent to residential areas in a manner that serves the
greatest number of users.
Comments: It is accessible and less than 1/2 mile from all points in this subdivision.
(b) Neighborhood park sites should be located so that users are not required to cross arterial
roadways to access them.
Comments: All the streets are residential.
(c) Sites should not be severely sloped or have unusual topography which would render the land
unusable for organized recreational activities.
Comments: The site does not have steep slopes in the majority of the property.
(d) Sites should have existing trees or other scenic elements.
Comments: There are mature trees near the creek.
(e) Detentionlretention areas will not be accepted as part of the required dedication, but may be
accepted in addition to the required dedication. If accepted as part of the park, the
detention /retention area design must be approved by the City staff and must meet specific
parks specifications.
Comments: No retention ponds are on the property.
10 -F. 2 Parks should be easy to access and open to public view so as to benefit area
development, enhance the visual character of the city, protect public safety, and minimize
conflict with adjacent land uses. The following guidelines should be used in designing
parks and adjacent development:
(a) Where physically feasible, park sites should be located adjacent to greenways and /or schools
in order to encourage both shared facilities and the potential co- development of new sites.
Comments: N/A
(b) A proposed subdivision adjacent to a park may not be designed to restrict reasonable access
to the park from other area subdivisions. Street and greenway connections to existing or
future adjoining subdivisions may be required to provide reasonable access to parks.
Comments: N/A
(c) Where a non - residential use must directly abut a park, the use must be separated by a
screening wall or fence and landscaping. Access points to the park may be allowed by the
Planning and Zoning Commission if a public benefit is established.
Comments: N/A
(d) It is desirable that a minimum of fifty percent (50 %) of the perimeter of a park should abut a
public street. In all cases, the City shall approve the proposed street alignment fronting on city
parks.
Comments: N/A
(e) Streets abutting a park shall be built in accordance with the thoroughfare plan and the
standards of this ordinance; however, the City may require any residential street built adjacent
to a park to be constructed to collector width to ensure access and prevent traffic congestion.
The developer may request oversize participation in such an instance.
Comments:
Acceptance of parkland dedication 4.190 acres and
development fee of $105,610. There is a 5.863 park site in
Staff Recommendations: the subdivision.
Section 10 -G: Approval:
At the regular May 17, 2005 meeting the board voted
unanimously to accept the development fee of $105,610,
as well as the land dedication of 4.190 acres. II the I,and..
and cash requirements for his development are being
Parks and Recreation Advisory Board: giver during the first Phase.
Planning & Zoning Commission:
City Council:
College Station Parks and Recreation Department
Administrative Approval Form for
Required Parkland Dedications of Less than Three Acres
(Grandfathered from Park Land Dedication .Ordinance of 2005)
1. Applicant Name: Greens Prairie Investors
Address: 4490 Castlegate Drive College Station. TX 77845
Phone: 979- 690 -7250 E -Mail:
2. Development Name: Castlerock Phase 2B
Development Location: Little Rock Court & Rocky Creek Trail
3. Dwelling Units: 24 Single Family Multi- family Units, located in Park Zone 10
4. Development Fees and Dedication Requirements
a. Development Fee:
Single Family @ $358. per Unit
Multi - family @ $292. per Unit $ 7.008.00'"
b. Land Dedication or Fee in Lieu of Land (Choose One):
X Land Dedication Requirement: .237 Acres
901 Dwelling Units per Acre for Single Family
925 Dwelling Units per Acre Multi- family
OR
Fee Paid in Lieu of the Land Dedication: $
Single Family @ $198. per Unit
Multi - family @ $160. per Unit
5. Comments: .162 proposed dedication, .075 acre short
*The developer will be constructing and paying for a maiority of the park ($143.200 includes $7.008) out of
$218.200 (Parks and Recreation Department estimate as attached.
College Station Parks & Recreation Department Approval
The College Station Parks and Recreation Department agrees to accept:
Total Fees of: $ 0
Land Dedication .162
Name
16 1z /0 . S
Date
Document Scanned to P Drive:
.. ...,. •. %i �; n: k _.. ..,'. r:.: ,.,tn!._ ...:, acy' •'C•3i Fivnr /•.',..... �..., .., .. ca.. .._ ....u. . •:� :. .,. �.. ., .
Staff Present Steve Beachy; Ric Ploeger; Peter Lamont; Marci Rodgers, Senior Services Coordinator;
Curtis Bingham; Pete Vanecek; Pam Springfield
Members Present Jodi Warner (arrived late); Jeannie McCandless; Glenn Schroeder; Carol Blaschke;
Don Allison; Larry Farnsworth; Gary Erwin; and Gary Thomas
Members Absent Kathleen Ireland; Ann Ganter, CSISD Liaison
Guests Present Robert Meyer, Frank Camplone, Yvonne Stevens, Joanna Yeager, Laura Holmes,
Senior Advisory Committee members; Joe Schultz, TEXCON; Wallace Phillips, Forest of Castlegate
1. Call to order Jodi Warner, Chair would be late arriving, therefore the meeting was called to order by
Don Allison as acting Chair at 7:05 p.m.
2. Pardon — possible action concerning requests for absences of members from meeting One
request for absence had been received from Kathleen Ireland. Larry Farnsworth made a motion to
accept the request as submitted and Gary Erwin seconded. The vote was called and the motion
passed unanimously.
3. Hear visitors Hearing none this item was closed.
4. Discussion, consideration, and possible approval of minutes from Regular Board meeting of
March 8, 2005 Larry F. moved to accept the minutes as presented and Jeannie McCandless
seconded. Hearing no discussion, the vote was called. The minutes of the March meeting were
unanimously approved.
5. Discussion, consideration, and possible action regarding park land dedication requests for the
following moiects
■ Williams Creek Subdivision Amended Master Plan -- Park Zone 14 This subdivision had come
before the Board in 2004, at which time a cash dedication had been made. The land dedication for
the current seventeen lots would be .168 of an acre, therefore, staff was recommending acceptance
of the $9,452 fee in lieu of the land. Another thirty-six lots have been platted and the money for
those lots should be received within the next few months. This neighborhood is close to what will
eventually be the park that will be built when the landfill closes. After further discussion, Larry F.
moved to accept the staff recommendation of the cash dedication in lieu of land and it was
seconded by Gary Thomas. Hearing no further discussion the vote was called. The motion
passed six to one, in favor of the cash dedication.
■ Tbd Forest of Castlegate -- Park Zone 10 . The land dedication for the 295 units of this
t,.--"development would be 2.92 acres, however, the developer, Wallace Phillips, was proposing to
dedicate 4.19 acres - all the land required for the entire development - and the development fee of
$105,610. He would like to build the park himself if he can work through the legal issues with the
city as he did with Castlegate Park.
Parks and Recreation Advisory Board Page 1
May 17, 2005 Regular Meeting Minutes
A previous dedication of 1.5 acres had come from the Spring Creek Townhomes and with this
dedication the total park would be 5.86 acres. Staff was recommending acceptance of the land and
the dedication fee. Steve stated that discussions would be taking place regarding greenway area
along the creek. If the City could acquire that greenway area, it would provide a connection to
Southern Oaks Park.
Street frontage is only about 27% of the perimeter of the park. Wallace Phillips suggested that
perhaps the land dedication fee could be put toward the development of a parking lot for the park
since there were a lot of people that came from outside the development to use the park. Glen S.
moved approval of the changes and the reconfiguration of the park. Larry F. seconded. There
being no further discussion, the vote was called and passed unanimously.
6. Review, discussion and possible action from the Senior Advisory Committee regardingi a
Senior Center This item was moved up from item V. Marci Rodgers, Senior Services Coordinator
introduced six of the fourteen Senior Advisory Committee members in attendance and then turned the
meeting over to Bob Meyers.
Mr. Meyers was there to introduce the idea of building a senior center. He stated that the seniors do a
lot of things, which were summarized in Section 3 of the report the members had received. Originally
their proposal had been to take over the Central Park headquarters. Since then, there has been
indication that not all of the building will be vacated so they had to go to another plan. He stated that
the Senior Advisory Committee was not impressed with a multi - generational building, as they felt that
it would be designed for use by younger people. Therefore, the seniors would like to have a building
specifically designed for ages 55 and older. They were there to ask for the board's support and help to
get a senior center, and to present their petition to Council.
Steve explained that some of this started when the City Council had a strategic issue that dealt with
issues for seniors and talk of a senior center was discussed. As part of that initiative, the Senior
Services Coordinator position came about. Using the EXIT Teen Center had been an interim solution
for a meeting place, but the time had come to move forward with the idea for a senior center. A
master plan would have to be developed with a public input phase. Steve recommended that the
board accept this report and take it to Council. He applauded the seniors for their work on this.
Mr. Meyers felt that everyone would agree that they have a good program going that reaches quit a
few people. With a senior center, it would be possible to have all the senior information brought
together in one place. Mr. Meyer thanked Steve and Marc! for all the work they do and asked for
support from the Board in the form of a motion that could then be brought to Council in the near future.
Steve added that Council was aware of the topic and were anticipating a report coming to them.
Glenn S. made a motion to accept and support the report, adding that at the time the City Center
master plan is developed, that this be included. Larry F. seconded and the vote was called. All were
in favor and the motion passed unanimously.
7. Review, discussion, and possible approval of the Steeplechase Park Master Plan Ric Ploeger
stated that the city had accepted the land for this park in 1999 and that City Council had approved
$315,000 in 2005 budget to develop it. Two public hearings had been held in February and March,
and although not a lot of people had shown up, a lot of ideas had been received. At the second
hearing, staff had come back with a plan based on the suggestions from the first public hearing, with
most of the recommendations included in the design. Staff was ready to move forward with the
bidding and construction of the project.
Pete Vanecek briefly went over the plan. The citizens had requested a dog park because there were
a lot of college students living in the area with pets. There are two bus stops there for A &M, so staff
proposed a bus shelter there with a roof and plexi -glass walls. There will be fencing around the dog
park and some fencing around the main entrance, lights around the % - % mile walking /jogging trail, a
fabric covered playground, and a basketball court. There will be no restrooms or parking lot. A sewer
line was going to be installed running under what will be the playground and staff will find out when the
sewer work will be done (staff had been told summer 2005) and how deep the line will be buried.
Normally they are buried 8' -10' deep. A bridge will also be installed in the park (probably steel and
wood) to go over the low water crossing. It will cost approximately $315,000 to do everything,
including the addition of some trees.
Don A. stated that he liked the idea of putting the dog space in the retention pond.
Glenn S. moved approval of the Master Plan for Steeplechase Park. The motion was seconded and
the vote was called. All were in favor and the motion passed unanimously.
8. Park Plavaround Replacement Report, discussion, and possible action Curtis Bingham stated
that this item had come about as a result of a question posed by Kathleen Ireland at a previous
meeting. She had asked how Parks replaced playgrounds and if there was a program for that. A
report had been included in the packets and Curtis went over it. In the packet, the first section was a
brief history referencing all playground replacements and the manufacturer of the playgrounds. He
explained how detailed, formal, playground inspections were done one time per month by the Parks
Operations maintenance crews. The supervisors also check them over when they are on -site. A
playground inspection sheet had also been included in the packets. Steve stated that Curtis and his
folks do a very good job of keeping track of the playgrounds, with the replacements now being
forecast out.
Don said the report was very informative and he would like to see it included in the notebooks for new
board members.
9. Report, discussion, and possible action regarding the second quarter Park Maintenance
Standards Curtis B. stated that the standards were still at 89 %. With the issues relating to volleyball
courts and the ponds it is hard to reach that percentage. He explained that pond maintenance is
difficult because you have to have a certified person to administer chemicals — even pond dye.
However, Parks Operations would be certifying some of its crew members to administer chemicals.
Also, in the near future, staff will be looking at some of the maintenance standards and may be
removing or including some items. Steve stated that the Department was in its fourth year of
maintenance standards implementation and added that it has been an excellent tool. This was an
informational item only and no action was required.
10. Report, discussion, and possible action concerning the Capital Improvement Program Ric
stated that the regular reports had been included in the members' packets. There were a number of
projects in progress:
• Thomas Park rubber surfacing should be complete soon.
• The intergenerational parks project and John Crompton Park were under construction.
• VPAC soccer lights were installed, being tested, and the project was nearing completion. The
installation at Central Park was complete. There had been some damage done to the fields when
the lights were installed at VPAC, but those fields were scheduled to be taken out of service for the
summer anyway.
• The Wolf Pen Creek Multipurpose Building design was underway.
• The Boy Scouts had built a Frisbee golf course at Lemontree Park, which had turned out very nice.
Pete Vanecek had coordinated the project with the scouts.
• The design firm was putting the final touches on the conceptual plan for the Veterans Park & Athletic
Complex, Phase Il, which will drive everything once it has been approved. Steve and Ric had
approved some final footprint concepts several months prior and once the conceptual plan was
worked up it would come back before the board.
This was an informational item only and no action was required.
11. Review, discussion, and possible action concernina Board and Departmental Goals and
Oblectives and City Council Strategic Plan
• The proposed Grimes County regional park site appraisal process was nearing completion and
should be ready within the next couple of weeks. A meeting would be held in June with TMPA to go
over that appraisal. The Brazos Council of Governments was working with a non - profit organization
for possible funding. This project was still in the preliminary stages but once the appraisal was
received, it would give a dollar amount to start shooting for. There is a lot of interest in doing the
project as well as interest from state and elected officials. Another tour will be arranged at a later
date for Council members and any board members interested in going to the site.
• Urban Forest Management Plan -- There has been no new word on this plan. There is the possibility
that may be a dead issue.
• Park Land Dedication Ordinance update -- The revised draft is tied in partially with the Unified
Development Ordinance, but staff thought it best not to wait on the UDO, and will move forward with
the Park Land Dedication updates, which are further along.
• The Castlegate and Edelweiss Gartens developers were interested in developing those parks
themselves.
• City Center Project — Steve stated that he has become more involved in this process and he has
recommended that the Parks Board and Planning & Zoning Commission get together to discuss this
and then perhaps hold town hall meetings for input into the process. Every bond issue since 1976
has included some item related to that area - not called city center - but there has been interest in
that area for the better part of thirty years by the city, who has a significant investment in the area.
This has been a long term project.
■ Steve and Jodi will need to get together to do a report on the board's goals for Council when they go
on their retreat.
12. Discussion of calendar, future meeting dates, and possible agenda items
• Regular meeting — June 14, 2005
• Memorial Day celebration — This program will have the first memorial pathway dedication and it will
be for the War on Terror. Chet Edwards will be the guest speaker.
• There will be a bike loop report at the next meeting.
• A joint meeting with Planning and Zoning will need to be scheduled for sometime in the near future.
13. Adiourn Glenn S. moved to adjourn and Gary E. seconded. The vote was called. All were in favor
and the meeting adjourned at 8:35 p.m.
06/22/2010 13:35 FAX 9797643737 CCS PARKS & REC,
Greens Prairie Investors
4490 Castlegate Drive
College Station, TX 77845
Phone 979 -690 -7250 Fax 979 - 690 -1041
October 7, 2008
Pete y-MIiric
City of College Station
Parks and Recreation
1. Amount already paid by Greens Prairie Investors
total lots 205 x $358.00 = $73,390,00
SUBDIVISION PHASE LOT
Castle Rock Phase ]A 30
Castle Rock Phase 113 10
Castle Rock Phase 2A 29
Spring Creek Gardens Phase 1 32
Spring Creek Gardens Phase 2 20
Spring Creek Gardens Phase 3 36
Spring Creek Townhomes Phase 1 28
Spring Creek Townhomes Phase 4 20
2. r Amount "Not" yet paid by Greens Prairie Invest rs
lots not developed " �:t"
287 lots x $358 = $1�,74Gr00
"In this park zone - —'
...
81) I# DI ViSI PHASE LOT
Spring Creek Townhotnes Phase 2 29
Spring Creek Townhomes Phase 3 42
Castle Rock Phase 2B 24
Castle Rock Phase 3 38
Castle Rock Phase 4 23
Castle Rock Phase 5 25
Castle Rock Phase 6 38
Castle Rock Phase 7 33
Castle Rock Phase 8 35
3. Amount due by the City of College Station Parks Department is $42,564,00_
Please itemize equipment that the City will be purchasing to add up to approximately
$42,564.00. Also, please show how I will be receiving the amount that 1 have already
paid in, which is $73,390,00.
1A f L f i / 2: { r
2002
� • (21
�
lam: �S
06/22/2010 13:35 FAX 9797643737 CCS PARKS & REC.
College Station Parks and Recreation Department
Administrative Approval Form for
Required Parkland Dedications of Less than Three Acres
(Grandfathered from Park Land Dedication ; .0rdinan m of 2005)
0 003
1. Applicant Name: Greens Prairie Investors
Address. 4490 Castlegate Drive College Station, TX 77845
Phone: 979 -690 -7250 E -Mail:
2. Development Name: Castlerock Phase 2B
Development Location: Little Rock Court & Rocky Creek Trail
3. Dwel ling Units. 24 Single Family . Multi - family Units, located in park Zone 10
4. Development Fees and Dedication Requirements
a. Development Fee:
Single Family @ $358. per Unit
Multi - family @ $292, 00 per Unit $ 7
b. Land Dedication or Pee in Lieu of land (Choose One):
X Land Dedication Requirement: 237 Acres
101 Dwelling Units per Acre for Single Family
125 Dwelling Units per Acre Muiti- family
OR
Fee Paid in Lieu of the Land Dedication: $
Single Family @ $198. per Unit
Muifi- family @ $960. per Unit
5. Comments: _162 proposed dedication, .075 acre sha
'The develouer will be constructing and paying a_maiori of the park $' 143 200 inc udes $7,008) out of
$218,200 (Parks and Recreafion Department estimate as attached_,_._
College Station Parks & Recreation Department Approval
The College Station Parks and Recreation Department agrees to accept:
Total Fees of: $ 0
Land Dedication .162
Name
t10 NOz
Date
Document Scanned to P Drive:
O.VBwd/Park Land Dadlcadan/PARD Approval Form for Less 78art 3 Aires based on Current o/diIWWXaC
06/22/2010 13:35 FAX 9797643737 CCS PARKS & REC. 2004
CITY PARTICIPATION AGREEMENT
This Agreement is entered into this 26th day of May ,
2009, by and between the City of College Station, a Texas home rule municipal
corporation (hereinafter "CITY "), and Greens Prairie Investors , a Texas
LLC (hereinafter "DEVELOPER ")_
WHEREAS, DEVELOPER is developing property within the City of College Station,
more particularly described as Castle Rock Park
College Station, Brazos County, Texas (hereinafter "Property ") a description of which is
attached hereto as Exhibit A; and
WHEREAS, DEVELOPER is required to construct certain public infrastructure, such as
roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that
relate to DEVELOPER'S ,proposed development; and
WHEREAS, CITY is required or desirous of assuming some or all responsibility for
construction of certain public infrastructure affecting DEVELOPER'S development; and
WHEREAS, because of this and in order to comply with CITY's overall development
scheme both DEVELOPER and CITY agree that it is in the best interests of the public to
jointly construct certain identified public infrastructure; and
WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that
provided by DEVELOPER's engineers, and determined that such public improvement
qualifies for joint CITY - DEVELOPER participation; and
WHEREAS, both parties agree as to the nature and proportion cf joint participation as
further recited herein and as may be required in accordance with section 212.071 et seq
and Chapter 252 Texas Local Government Code;
NOW, THEREFORE, for and in consideration of the recitations above and the promises
and covenants herein expressed, the parties hereby agree as follow,a:
I.
DEFINITIONS
1.1 Approved Plans means the plans and specifications that meet the requirements of
this Participation Agreement, the City of College Station Codes and Ordinances and any
other applicable laws and that have been submitted to, reviewed and approved by the City
of College Station Development Services Department, the City Engineer_
1
P:1QR0UPILEGALIPARTICIPATI0N AGRF5EMENr FQRMSICITY PARTICIPATION STAN DAR.D
CONTRACT.docx5 /26200952;12:09 PM
06/22/2010 13:35 FAX 9797643737 CCS PARKS & REC. 0 005
1.2 CITY or College Station means the City of College Station, a Texas home rule
municipal corporation located at 1101 Texas Avenue, College Station, Texas 77840.
1.3 DEVELOPER means Greens Prairie Investors , a Texas
LLC whose principal office is located a ag
l 4490 Castle a te
___ olleg
Drive Ce Station T , Texas 77345
1.4 Effective hate. The date on which this Agreement is signed by the last parry
whose signing makes the Agreement fully executed.
1.5 Final Completion. The term "Final Completion" means that: all the work on the
Project has been completed, a written guarantee of performance for a one year
maintenance period has been provided, all final punch list items have been inspected and
satisfactorily completed, all payments to materialmen and subcontractors have been
made, all documentation, and all closeout documents have been executed and approved
by the DEVELOPER as required, all Letters of Completion and other CITY
documentation have been issued for the Project, all reports ha been submitted and
reporting requirements have been met, and DEVELOPER has fully performed any other
requirements contained herein.
1.6 setter of Completion : A letter issued by the City Engineer stating that the
construction of public improvements conforms to the plans, specifications and standards
contained in or referred to in CI 9 of the CITY OF COLUGE STATION CODE OF
ORDINANCES.
1.7 Property means that one certain tract of land Castle Rack Park, in the Castle
Rock subdivision (describe by ref to plat, subdivision, etc. as appropriate)
and as further described in Exhibit A attached hereto and incorporated herein made a part
hereof.
1.8 Project means the construction of Castle Rock ' Dark
improvements as detailed in Exhibit B attached hereto and Incorporated herein by
reference.
T1.
CITY COST PARTICI,ATION
2.1 Agree to Participate. CITY agrees to cost participate in the Project in the
maximum amount estimated as set forth in Exhibit C, which is attached hereto and
incorporated herein by reference- CITY'S actual rate of participation will be based upon
the final actual cost of the Project as reflected by the breakdown of costs required
pursuant to this Agreement but in no event shall exceed the maximum amount estimated
in Exhibit C.
2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit C- If
CITY's cost participation exceeds 30% of the total cost of the Project or is located within
2
PAMOUPEE GALIPARTICIPATION A013.E8MENT FORMSUTY PARTICIPATION STAN OARD
CONTRACT.docx5/2612009) 2;29;27 PM
46.22/2410 13:35 FAX 9797643737 CCS PARKS & REC.
[a 006
the extraterritorial jurisdiction of the CITY, then the Project must be competitively bid
pursuant to Chapter 252 Texas Local Government Code, as amended. If CITY
participation exceeds 30% of the total cost of the Project, CITY shall be responsible for
advertising and obtaining bids or negotiating proposals for the construction of the Project_
DEVELOPER shall pay for all costs associated with adv�!rtising, printing, and
distributing plants and specifications for the Project-
If CITY's cost participation is 30% or less of the total coat of the project and is
located within the boundaries of the CITY, the Project need not be competitively bid.
2.3 Cost of Project. DEVELOPER's engineer's detailed cost estimate of the Project
is attached hereto and incorporated herein as Exhibit C.
2.4 .Application for Payment. Application for payment by the DEVELOPER to the
CITY for payment to the DEVELOPER pursuant to the terms of this Agreement must
include the following in a form acceptable to CITY:
(1) Final Completion of the Project in accordance with. the Approved
Plans;
(2) issuance of all Letters of Completion relating to the Project;
(3) DEVELOPER's compliance with all CITY Codes, Ordinances and
standards relating to the Project, the Property and its subdivision and
development;
(4) dedication of the land for the right -of -way either by plat or by deed
relating to the Project;
(5) a current title report as of the date of such land dedication and
updated within sixty (60) days of the date of this Agreement;
(6) lien releases or subordination from all lenders as required by
CITY;
(7) Proof that all guarantees of performance and payment as set forth
in this Agreement have been met, including all bond requirements when
applicable; arld
(8) A breakdown of actual costs of the Project with supporting
documentation, including all payment receipts.
2.5 City Participation Payment. DEVELOPED. skull submit the written application
for CITY participation payment within thirty (30) days after issuance of all Letters of
Completion relating to the Project or DEVELOPER shall be ineligible to receive the
CITY participation payment specified in this Agreement and CI'1'Y's obligation to cost
participate shall terminate without any liability_ Applications may not be submitted prior
to Final Completion. CITY will pay its participation funds in one :payment within thirty
(30) days after receipt of a complete written application for participation payment from
DEVELOPER.
2.6 Reports, books and other records. DEVELOPED shall make its books and
other records related to the project available for inspection by CITY. DEVELOPER shall
3
P:IGRQUP1LEGALIPARTIC1PATI0N AGREEMENT" rORMSICITY PARTICIPATION STAM)AR6
CONTRACT.docx5 /81200911:20:53 AM
06/22/2010 13:35 FAX 9797643737 CCS PARKS & REC.
0 007
submit to CITY any and all information or reports requested to verify the expenditures
submitted for CITY participation eligibility including but not limited to bid documents,
payment applications, including any supporting information, cancelled checks, copies of
construction and engineering documents, as determined by the City Engineer in his sole
discretion, for the verification of the cost of the Project detailed in Exhibit B and C of
this Agreement. The submission of these reports and information shall be the
responsibility of DEVELOPER and shall be certified by DEVELOPER's Licensed
Professional Engineer at DEVELOPER's expense and signed by ail authorized official of
the entity.
III.
GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE
CITY is a political subdivision of the state and enjoys governmental immunity. By
entering into this Agreement, CITY does not consent to suit, waive its governmental
immunity, or the limitations as to damages under the Texas Tort Claims Act.
DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and
its officers, agents, and employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, expert fees and attorney's fees, for injury to or death of any
person, or for damage to any property, or for breach of contract, arising out of or in
connection with the work done by DEVELOPER under this Agreement, regardless
of whether such injuries, death, damages or breach are caused in whole or in part
by the negligence of CITY, any other party indemnified hereunder, or the
DE'V'ELOPER.
DE'V'ELOPER shall indemnify and hold CITY harmless from any claims of
suppliers or subcontractors of DEVELOPER for improvements constructed or
caused to be constructed by DEVELOPER.
DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to
or claims of adjacent property developers resulting from or relating to their
performance under this Agreement.
DEVELOPER assumes full responsibility for the work to be performed hereunder,
and releases, relinquishes and discharges CITY, its officers, agents and employees,
from all claims, demands, and causes of action of every bind and character,
including the cost of defense therefore, for any injury to or death of any persons and
any loss of or damage to any property that is caused by, alleged to be caused by,
arising out of, or in connection with, DEVELOPER's work to be performed
hereunder. This release shall apply whether or not said claims, demands, and causes
or action are covered in whole or in part by insurance and regardless of whether or
not said claims, demands, and causes of action were caused i tt whole or in part by
the negligence of CITY, any other party released hereunder, or DEVELOPER-
4
P;10ROUP\LEGALIPARTICIPAPION AGREEMENT FORMSICITY PARTICIPATION STANDARD
GONTRACT.docx5A/200911:20:53 AM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC.
IV.
PROTECT AND CONSTRUCTION
0 008
4.1 Right to Inspect the Work. CITY may inspect Lhe improvements for
compliance with the Approved Plans during construction. In the event that it is
determined by CITY that any of the work or materials furnished is not in strict
accordance with the Approved Plans, CITY may withhold funds u.iitil the nonconforming
work conforms to the Approved Plans or termWate this Agreememt at CITY's election
without any further liability.
4.2 Independent Contractor. DEVELOPER shall be solely responsible for
selecting, supervising, and paying the construction contractors) or subcontractors and for
complying with all applicable laws, including but not limited to all requirements
concerning workers compensation and constriction retainage.
The parties to this Agreement agree and understand that all employees, volunteers,
personnel and materials furnished or used by DEVELOPER in the installation of the
specified improvements shall be the responsibility of DEVELOI ?ER and shall not be
deemed employees or agents of CITY for any purpose.
4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively
responsible for compensating any of its contractors, emplo subcontractors,
materialmen and/or suppliers of any type or nature whatsoever and insuring that no
claims or liens of any type will be filed against any property owned by CITY arising out
of or incidental to the performance of any service performed pursuant to this Agreement.
In the event a statutory lien notice is sent to CITY, DEVELOPER shall, where no
payment bond covers the work, upon written, notice from the CITY, immediately obtain a
bond at its expense and hold CITY harmless from any lasses that may result from the
filing or enforcement of any said lien notice.
4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the
improvements, DEVELOPER shall provide CITY a notarized affidavit stating that all
bills for labor, materials, and incidentals it►curred have been paid in full, that an c laims
from manufacturers, materialmen, and subcontractors have been released, and that there
are no claims pending of which DEVELOPER has been notified. Such affidavit shall be
in a form as substantially set forth in Exhibit D which is attached hereto and incorporated
by reference.
4.5 Requirements of Applicable rules remain. This Agreem. ent does not alter,
amend modify or replace any other requirements contained in thi:; Code of Ordinances,
Unified Development Code, or other applicable law.
V.
GUARANTEE OF PERFORMANCE AND PAYMENT
5
P;1QRQVP�I,E0AL1PART[C1PATION AGREEMENT FORMSICITY PARTICIPATION STAN0.4RD
CONTRACTA=5 18/20091110:53 AM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC.
[a 009
5.1 Bonding Requirements of Developer. Where CITY par0cipation is 30% or less
of the total value of the Project, DEVELOPER shall execute a performance bond
to ensure construction of the Project and shall ensure that its contractor
performing the Project executes a payment bond to ensure payment to
subcontractors, if any. The bonds must be executed by a corporate surety in
accordance with CHAPTER 2253, T EXAS GOV ERNMENT CO I - .)E. The bonds shall be
in the total amount of the contract price as approved by CITY.
5.2 Bonding Requirements of City. Where CITY participation is greater than 30%
of the total value of the Project or when the Project is located within the extraterritorial
jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project
execute to the CITY a performance bond and /or a payment bond a4, may be required
pursuant to chapter 2253 Texas Government Code.
VI.
GENERAL PROVISIONS
6.1 Amendments. No amendment to this Agreement shall b�: effective and binding
unless and until it is reduced to writing and signed by duly authorized representatives of
both parties.
6.2 Choice of law and Venue. This Agreement has been made under and shall be
governed by the laws of the State of Texas. Performance and all matters related thereto
shall be in Brazos County, Texas, United States of America.
6.3 Authority to enter into Agreement. Each parry represents that it has the full
power and authority to enter into and perform this Agreement. Thi.- person executing this
Agreement on behalf of each party has been properly authorized and empowered to enter
into this Agreement. The person executing this Agreement on behalf of DEVELOPER
represents that he or she is authorized to sign on behalf of DE ELOPER and agrees to
provide proof of such authorization to the CITY upon request.
6.4 Agreement read. The parties acknowledge that they havie read, understand and
intend to be bound by the terms and conditions of this Agreement.
6.5 Notice. All notices and documents required herein shall be sent and provided to
the parties at the addresses and telephone numbers listed below:
Green Prairie Investors _
4490 Castleggate Drive_
College Station, Texas 77845
City of College Station
City Engineer
P.O. Box 9960
College Statioa, TX 77842
With copies to:
City Attorney and City Manager
1101 Texas Avenue
6
P:IGROUPILEGALIPARTICIPATION AGREEMENT FORMSICITY PARTICIPATION STANDARD
CONTRACTA=5 18/200911:20:53 AM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC.
College Station, TX 77842
[a 010
All notices and documents shall be deemed received when mailed with sufficient postage
and deposited in a regular mailbox of the United States Post Office, The parties may
change addresses upon thirty (30) days' written notice sent certified mail, return receipt
requested.
6.6 Assignment. This Agreement and the rights and obligations contained herein
may not be assigned by DEVELOPER without the prior written approval of the CITY.
6.7 Default. In the event of a breach of this Agreement 'by DEVELOPER, CITY may
terminate this Agreement and exercise any and all legal remedies available to it.
Executed this 26th day of May _ 2009
List of Exhibits:
A A description of the Property
B A description of the Project -
C Engineer's estimate of the costs of the Project
D Affidavit of All Bills Paid ,form
GREENS PRAIRIE INVESTORS
Printed Name: Wallace Phillips
Title: President_
5e-e �1, y
S, �Kk4,,,,t .
CITY OF COLLEGE STATION
e� -tip
Mayor
ATTEST:
1
City Secretary
7
P;1GRCIUPU.1rGAL1PARTICIPATION AGREEMENT FORMSICITY PARTTCIPAT10N STANDARD
CONTRACT.docx5/26/200912;19;15 FM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC.
APPROVED
City Manager
City Attorney
Chief Financial Officer
THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
2011
It I I I I I I I
w ,, r1
BA Ni
P �v P f.1
, t
rl l 0 1111 llII1TO
Befor d e , the 5 ", drsigned authority, on this day personall.y appeared
e 4' S as a of
4'; r ft o _ . gteCl -1 , d Texas limited liability company, known to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office on this the day of
200
Notary Public in and for the State of
Texas
8
P;IGROUMBOA1.1PARTICIPATION AGREEMENT PORMSICITX PARTICIPATION STANDARD
CONTRACT.dacx5 /$ /200911 :20:53 AM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC. a012
THE STATE OF TEXAS
COUNTY OF B12AZOS
ACI'NO'W'LEDGMENT
Before me, the undersigned authority, on this day personally appeared
as Mayor of the City of College Station, a Texas home - rule municipal
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of ,
200 1
CELIA HERNANDEZ
� • '-
N Public, State af'Sexas
= My Commission Expires
' �Y�i�c• •i 4 ;s`'� MQr CIl 30 ,2012
Notary Public in and for the State of
Texas
9
P:IGROUPILEGAL\PARTICIPATION AGREEMENT FORMS\CITY PARTICIPATION STANDARD
CONTRACT.docxSIV200911 :53 AM
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC. 2013
EXHIBITA
PROPERTY DESCRIPTION
CASTLE ROCK PARK
Castlerock park is a tract of land consisting of 6.187 acres on the north side of Castle Rock Parkway in
the Castle Rock subdivision.It includes 3 tracts of land ,tract 38 -2 ,a 1.5 acre tract of land and a .162 acre
tract of land.
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC. Z014
EXHIBIT B
PROJECT DESCRIPTION
Castle Rock park will be constructed by Greens Praire Investors.The items to be constructed includes a
picnic sheiter,playground with rubber cushioning and shade cover,swings with pea gravel
surfacing,concrete sidewalks,2 practice fields including 2 soccer goals and a ball
backstop ,trees,irrigation,drinking fountain,water meter,drain pipes,topsoil :end site grading,and
hydromulching,electrical conduit, 12 area lights,picnictables,bbq grill,and a -trash can_
06/22/2010 13:36 FAX 9797643737 CCS PARKS & REC. 0015
2ZMa At
N71.
PM 91
25
34
06/22/2010 13:37 FAX 979764373 CCS PARKS & REC. 2016
A -I-
I -if
1
p '
3 I� r
E
ppi?f
I
ecu wclaul�w� e.�rwaluar 1
7
0� 3g t
s- s�-- w.anw+rn,lwnw ao i
Alv-� N30a 3usvo 15 C y
v
! w F R
"4j i �� ➢� x �y)1 P°
il
'7�yySF �I1 Iii
Zbyyg °�
s
sa s¢d�
1
p '
3 I� r
E
ppi?f
I
ecu wclaul�w� e.�rwaluar 1
SWIl L'NbI1V1: 363TIo]
Nas(niatiins NDOkj DIisvO
s- s�-- w.anw+rn,lwnw ao i
Alv-� N30a 3usvo 15 C y
v
M aw —
NE E �
�84
Q �
�.dy�d
1
p '
3 I� r
E
ppi?f
I
06/22/2010 13:37 FAX 9797643737 CCS PARKS & REC.
Greens Prairie Investors, LTD.
4490 Castlegate Drive
College Station, 7X 77845
Phone: (979) 690 -7250 Fax: (979) 690 -1041
[a 017
May 26, 2009
City of College Station
Parks & Recreation Department
1000 Krenek Tap Road
College Station, TX 77840
RE: Completion of Castle Rock Park
Please accept this as an acceptance letter that Greens Prairie Investors will
complete the construction of the Castle Rock City Park. Construction cost
will be $240,727.00.
Construction started on the preliminary site work on April 27, 2009.
Respectfully,
Wallace Phillips
06/22/2010 13:37 FAX 9797643737 CCS PARKS & REC.
Ob/27/2d69 16:37 FAX 97969 11 GASTLEGATE
EAibit r,
ORBS PRAIRIE MVESTORS, IND
Castle Rack Park
Cost Esdma►te
May 26,
1
Flap C ( + sbade C om
is
1
$64,- *wo '
$64,96
+ rubber poured iu plmte
Fall zone w /concrete under pad
2
Baseball pa Stop
EA
1
1,;500.00
1,500mo
S
Socce Goals
VA
2
1,1700.00
2,000.00
4
Swing Set (Gravel/
C,on cmb)
X $
1
12,000.00
72,000.00
5
Shelter (stab, tables,
Coll,trashcW
LS
1
22,500.00
22,500.00
6
LED .Area Lidits, caning not
Yndluded
LS
12
3, -00
36,00moo
7
lElertdCat Conduit
14
1
18,000.00
18,000.00
B
Drinking Fountain & Water Dine
LS
1
4,600.00
4,600.00
9
Concrete Jogging Trail
SF
1o,x6o
3.50
35,560.00
10
Trees
BA
14
_150.00
3,500.00
11
Irrigation System
Along Castle Rock Parkway 0Y
LS
1
4,000.00
4,000.04
12
Water Meter
EA
1
1500.00
50 0.00
13
Drainage Pipes
EA
8
100.00
B
14
2 Tops Placement
LS .
1
7,500.06
7,500.00
1.5
Site Grading
IS
1
5,540.00
%W.00
16
Hydmmukh Seeding
LS
1
7,000.00
7 ,000.00
(practice fields - ioo,000 M
17
Design
LS
1
71500.00
7,500.00
18
Perfurraame Bond
6,400.00
6,400.00
i 19
A:cCessibiaity inspection & Review
865.00
865.00
2 018
0 002/002
TOTAL $z4o,7z7.
G reens P i ea�down
G reens Prairie Iaveabors akeady paid in. The City will be refanded upon c;tarling. 75,000.00
Greens Prairie Investors to p;W as eonshnation progress. 123609.00
City of College Station to pay Greens Frame Investors upon conWedon o Park. _ =.a�$.00
$240,729.00
06/22/2010 13:37 FAX 9797643737 CCS PARIiS & REC. Z019
Exhibit D
THE STATE OF TEXAS
COUNTY OF BRAZOS
Before me, the
of
AFFIDAVIT OF BILLS PAID
undersigned authority, personally appeared
( "Affiant'),
( "Contractor" ), who being first duly sworn, deposed
and state the following:
"My name is . I am over 18 years of age,
of sound mind, capable of malting this affidavit, and personally acquainted
with the facts stated in it, which facts are true and correct.
Pursuant to that certain contract, dated as of
, 200 _ (the "Contract') by and between the City of
College Station, Texas, and _ _ ,
Contractor furnished labor and materials to construct
on the real property known as (more
particularly described in the Contract) the "Project".
To the extend that Contractor constructed or contracted for the
construction of such ,
Contractor has paid each of its sub- contractors, laborers and. materialmen
in hill (except for statutory retaivage) for all labor and /or materials
provided to Contractor on the Project.
To the best of .A.ffiant's knowledge, Contractor has not received notice of
any claims pending against the Project in connection with the
described in the Conttract.
Further, AfEaut saith, not
Executed this , day of
200
AFF ANT:
Printed Nat e:
200
SUBSCRIBED AND SWORN TO before me on this _ day of ,
Notary Public, State of Texas
06/22/2010 13:42 FAX 9797643737 CCS PARKS & REC.
w
CITY OF C OLLEGE STATION
October 29, 2009
Deborah Grace
Staff Assistant
Development Services
City of college Station
RE. Castle Rock Park Project
Deborah,
[a 002
d �
we have accepted the park as constructed by Wallace Phillips of Greens Prairie Investors_ He also
dedicated the land for Castle Rock park in 2005 thru 2007 for a total acreage of 6.025 acres.
The construction of the park and the land dedication will satisfy all existing and future park land
dedications for Castle Rock,Spring Creek Gardens,and Spring Creek Townhome subdivisions.The total
build out of these 3 subdivisions will be 494 units.
Thank you very much.
Peter B.Vanecek
Sr. Park Planner
the heart of theResedreh Valley
PO_ BOX 9960
1141 TEXAS AVENUE
COLLEGE STATI • TEXAs - 77642
979.764.3510
www.ostx.gov