15.A.
City Council Meeting - FINAL
- Meeting Date:
- 02/17/2015
- From:
- David McIntire, Asst to CM for RE/Acting Com. Inv. Mgr.
Information
TITLE:
Consideration and Approval of Agreement: Installation and Maintenance Easement Agreement between the City of Flagstaff and Flagstaff Aspen Place, LLC (Grant easement to Flagstaff Aspen Place, LLC).
RECOMMENDED ACTION:
-
Approve the Installation and Maintenance Easement Agreement and authorize the Mayor to execute the agreement.
Executive Summary:
Flagstaff Aspen Place, LLC is the owner of Lots 22 and 23 of the Aspen Place at the Sawmill. The City owns the Rights of Way (ROW) for the streets which surround the two lots. Approved improvements to the lots on the Revised Site Plan extend outside the owner's property and into the City property. These improvements include parking, footings, foundations, building skin and façade, signage, seating and site furniture, canopies, balconies, bicycle racks, landscaping, sidewalks and others. The original approval for these improvements occurred during the Plat, Development Agreement and Site Plan process. There is a note on the Amended Final Subdivision Plat For Aspen Place at the Sawmill Improvement District that requires this easement be provided in a separate instrument. The agreement under consideration grants the perpetual easement for the construction, installation, maintenance, repair, improvement, replacement and removal of all the approved improvements as required on the plat.
Financial Impact:
The financial impact of approving the agreement is minimal. Rejection of the agreement could have financial implications as the terms of the original agreement would be impacted.
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
9) Foster relationships and maintain economic development commitment to partners.
REGIONAL PLAN:
Goal LU.18 - Develop well designed activity centers and corridors with a variety of employment, business, shopping, civic engagement, cultural opportunities, and residential choices.
9) Foster relationships and maintain economic development commitment to partners.
REGIONAL PLAN:
Goal LU.18 - Develop well designed activity centers and corridors with a variety of employment, business, shopping, civic engagement, cultural opportunities, and residential choices.
Has There Been Previous Council Decision on This:
Yes. There have been a number of Council actions leading up to this agreement. The most recent is the approval of the Second Amendment to the Fourth Amended and Restated Development Agreement and Waiver which was approved and recorded in 2013. The approved Amended Final Plat For Aspen Place at the Sawmill Improvement District with the dedication language referencing this agreement is recorded in the Coconino County Records as document 3583171 and was executed by the City of Flagstaff on July 22, 2010.
Options and Alternatives:
1) Approve the Installation and Maintenance Agreement.
Pro) Conveys the rights and responsibilities necessary for the previous agreements to be executed properly.
Con) No negative implications identified.
2) Amend the Installation and Maintenance Agreement to require different terms.
Pro) Potentially could provide terms more favorable to the City although that would be dependent on the particular amendment
Con) Agreement generally provides for the required terms with language the City Attorney's Office supports. Amendments would require additional negotiation with unknown outcomes prior to execution.
Pro) Conveys the rights and responsibilities necessary for the previous agreements to be executed properly.
Con) No negative implications identified.
2) Amend the Installation and Maintenance Agreement to require different terms.
Pro) Potentially could provide terms more favorable to the City although that would be dependent on the particular amendment
Con) Agreement generally provides for the required terms with language the City Attorney's Office supports. Amendments would require additional negotiation with unknown outcomes prior to execution.
3) Reject the Agreement
Pro) The City maintains total control of its Right of Way.
Con) The agreement provides the rights and responsibilities already agreed to through the planning and development review process. Rejection of the agreement could require the City to increase its maintenance costs and could have other repercussions as well.
Pro) The City maintains total control of its Right of Way.
Con) The agreement provides the rights and responsibilities already agreed to through the planning and development review process. Rejection of the agreement could require the City to increase its maintenance costs and could have other repercussions as well.
Community Involvement:
Consult