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CITY COUNCIL AGENDA COMMUNICATION |
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| | | | | | | | AGENDA DATE: | AprilĀ 11, 2017 |
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| | | | | | | | SUBJECT: | Authorize the City Manager to Execute a Consent to the Assignment and Assumption of Entry License Agreement by Montgomery Improvement District West, Ltd., to Darling Homes of Texas, LLC. |
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| | | | | | | | STAFF RESOURCE: | Chris Flanigan, Director of Engineering |
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| | | | | | | | PREVIOUS COUNCIL ACTION: | On December 13, 2005, City Council authorized the City Manager to execute a License Agreement between the City of Allen and Montgomery Improvement District West Ltd. for the construction and maintenance of entry features across Hanna Street and Brett Drive.
On November 10, 2015, City Council authorized the City Manager to execute a first amendment to the license agreement with Montgomery Improvement District West, Ltd. related to the maintenance of the entry feature across Brett Drive.
On November 10, 2015, City Council authorized the City Manager to execute a License Agreement with Montgomery Park HOA, Inc. related to the maintenance of the entry feature across Hannah Street. |
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| | | | | | | | ACTION PROPOSED: | Authorize the City Manager to Execute for a Consent to the Assignment and Assumption of Entry License Agreement by Montgomery Improvement District West, Ltd., to Darling Homes of Texas, LLC. |
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| | | | | | | | BACKGROUND
Montgomery Improvement District West Ltd. (MIDW) constructed architectural entry features that span across the entry ways at Hanna Street and Brett Drive. The entry features consist of a bent steel arbor structure (Hanna Street) as well as a tunnel structure (Brett Drive) meant to create a unique entry to the Montgomery Park (on the north) and the Meadow (on the south) neighborhoods. MIDW has been responsible for maintenance and upkeep of the entry features.
In early 2015, MIDW and the Montgomery Park HOA requested that the original license agreement for the entry features with MIDW be amended to reference only the arbor over Brett Drive and that a new entry feature maintenance license be entered between the City and Montgomery Park HOA, Inc. to provide for the HOA's maintenance of the entry feature over Hanna Street. The amendment and new agreement, respectively, were approved by the City Council and signed by the respective parties in November 2015. As a result of the amendment and new agreement, MIDW is now responsible only for insurance, ownership, and maintenance of the entry feature across Brett Drive and the Montgomery Park HOA is solely responsible for insurance, ownership, and maintenance of the entry feature across Hanna Street.
Now that the development of property south of Bethany Drive is underway and Montgomery Farm Estates will soon be built, it is appropriate at this time for the existing agreement with MIDW (for maintenance responsibility of the structure over Brett Drive) to be assigned to the new property owner - Darling Homes. Ultimately, the agreement will be assigned further to the Estates of Montgomery Farm HOA. Furthermore, this assignment is being recommended in conjunction with the approval of an addendum to Master Facilities Agreement with Emerson Farm Company, Ltd. and Darling Homes of Texas, LLC relating to Montgomery Farms development (also proposed on this agenda).
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| | | | | | | | STAFF RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute a Consent to the Assignment and Assumption of Entry License Agreement by Montgomery Improvement District West, Ltd., to Darling Homes of Texas, LLC.
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| | | | | | | | MOTION
I make a motion to authorize the City Manager to execute a Consent to the Assignment and Assumption of Entry License Agreement by Montgomery Improvement District West, Ltd., to Darling Homes of Texas, LLC.
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