On November 22, 2016, the City Council approved Ordinance 3440-11-16 which required that The Alders at Twin Creeks, LLC to enter into an agreement defined as the Civic Space Agreement with the City of Allen to design and construct civic space improvements at the Twin Creeks Detention Easement Area, and for the City of Allen to maintain said Civic Space Improvements.

On December 20, 2016 The Alders at Twin Creeks, LLC entered into the Civic Space Agreement with the City of Allen.  This agreement established the City of Allen as owner in fee simple of the Twin Creeks Detention Easement Area and required The Alders at Twin Creeks to complete certain civic space improvements on the site before receiving a Certificate of Occupancy (CO) for their development. The agreement also stipulated that the City of Allen would pay for the maintenance of the site and be reimbursed by The Alders at Twin Creeks, LLC for a certain amount of maintenance expenditures on an annual basis.

Various, current and as of yet unresolved, conditions at the Twin Creeks Detention Easement Area render the site unsuitable for implementing the Civic Space Improvements at this time. City staff have determined that substantial remediation such as dredging, etc. is required in the near-term. If the required Civic Space Improvements were constructed at this time, the result would be a counter-productive expenditure of money and time and substantial destruction of the improvements as remediation will require the maneuvering of large equipment on site as well as the disturbance of the site landscaping.

This proposed agreement provides for the payment of the estimated costs for the implementation of Civic Space Improvements in the amount of $141,127 from The Alders at Twin Creeks, LLC to the City of Allen.  This payment will fulfill The Alders' obligation for Civic Space Improvements so that issuance of their CO will not be delayed. The funds will be held in a short-term City account and will be expended by the City of Allen for Civic Space Improvements within 12 months of the execution of the agreement, barring force majure.

Staff recommends that the City Council authorize the City Manager to execute an agreement to assume The Alders at Twin Creeks, LLC obligation to construct improvements at the Twin Creeks Detention Easement Area for payment in the amount of $141,172.

I make a motion to authorize the City Manager to execute an agreement to assume The Alders at Twin Creeks, LLC obligation to construct improvements at the Twin Creeks Detention Easement Area for payment in the amount of $141,172.