Summary
The City Commission adopted Resolution 10-06 on Feb 22, 2010 Ordinance 10-13 on April 12, 2010 and Resolution 10-20 on Aug. 9, 2010. These actions were initiated by the Commission in support of its commitment to establish a special assessment in the TK Basin watershed area. The City has taken ownership of the basin via Special Warranty Deeds executed Oct. 8, 2012. The upland area surrounding the basin of approximately 2.79 acres is owned by First Street Group, LC and 10.47, LLC (Donors). Both corporations agreed through the Donation Agreement to donate the upland area to the City with certain improvements. The Agreement between the City and First Street Group, LC and 10.47, LLC is dated September 10, 2010.
The Donors agreed to donate the upland area to the City following the construction of certain park improvements. First Street Group, LC will provide park improvements including a walking/jogging trail, benches, a covered pavilion and water fountain, among other enhancements detailed in the Agreement. The existing silos on the property will remain and serve as a historic reminder of the area’s agrarian roots.
The Park improvements were to be completed and land ownership transferred to the City by Oct. 2012. The basin is located at the terminus of NW 151st Blvd. and has limited accessibility for purposes of maintenance. Commercial development has been proposed for the surrounding area which will prompt the extension of NW 151st Blvd. to U.S. Hwy. 441 and will allow public access to the planned upland park surrounding the basin.
The economy slowed before and after 2010, development in the area served by the TK Basin did not take place at the pace anticipated and the City Commission agreed on March 26, 2012 to a first amendment to the Donation agreement (dated March 27, 2012) to extend the date for the development of the upland park improvements to March 1, 2016. The economy is improving but not yet to the point the need for and access to the planned park exists.
Therefore, staff recommends, for the reasons cited and more specifically set forth in the presented Second Amendment to Donation Agreement for TK Basin and Park, that the City Commission approve the second amendment and extend the date for completion and delivery of the upland park, its improvements and warranties to the City within 30 days after completion but no later than March 29, 2021.
| | |