|The 2014 Capital Budget for Parks and Recreation includes 1) new parks and pathways development, which are those projects subject to agreements with The Woodlands Land Development Company (TWLDC); 2) parks and recreation improvement projects, managed solely by the Township; and 3) purchase and replacement of maintenance vehicles (Attachment A).
The Woodlands Township is expected to complete a Comprehensive Community Services Agreement with The Woodlands Land Development Company L.P. (TWLDC) effective February 1, 2014. This agreement establishes the mutual benefits, undertakings and obligations of the Township and TWLDC relative to the Transition Agreement between the Township and Community Associations and the related contracts and agreements that were conveyed, transferred and assigned pursuant to the Transition Agreement, to some of which TWLDC is a party. Related agreements to this issue are the Recreation Facilities Development Agreement, the Construction Management Agreement and the Term Sheet for the pending Comprehensive Community Services Agreement.
Per the Recreational Facilities Development Agreement and the Construction Management Agreement, adoption of the annual budget by The Woodlands Township (as Successor Entity to The Woodlands Association and Woodlands Commercial Owners Association), shall constitute approval of all Recreational Facilities provided for therein, and TWLDC shall be authorized to proceed with the construction of the Recreational Facilities in accordance with the terms of the Agreements as long as such facilities and the construction thereof are consistent with the scope and budgets approved. Any Material Deviation from the scope of the projects or budgets must be approved by the Board of Directors. "Material Deviation" from the approved budget shall mean any increase of 15% or more.
The Term Sheet for the 2014 Comprehensive Community Services Agreement between The Township and TWLDC states the following in regard to Township funding for the projects included in agreement:
Existing Township project funding - Funding will be allowed to be carried over from existing bond funds (bond proceeds issued for Town Center projects prior to 2014) to fund planned 2013 and 2014 Town Center capital projects to complete the package of improvements included in the original bond referendum (“Existing Bond Funds”). The balance of the Existing Bond Funds is $1,887,000.00 as of August 21, 2013. These funds shall be used in accordance with the Township funding percentages provided in the existing Consent Agreement for Town Center capital projects which has a termination date of May 29, 2014. All invoices for draw down of Town Center capital project funding under this provision must be presented to The Township no later than June 1, 2015.
Proposed project funding for 2014-2019 projects – In addition to the application of the $1,887,000.00 Existing Bond Funds as provided above, The Woodlands Township will provide a total commitment for recreational facilities capital funding for the budget years 2014 through 2019 of $7,500,000.00: (i) for developing new parks, pathways and other agreed upon improvements in specifically identified areas of the Town Center and Hughes Landing areas (split 50/50 between The Township/ TWLDC) and (ii) 50% funding by the Township of parks and pathways outside of (i) above, including such areas as the Village of Creekside Park and other areas within the boundaries of the Township as specifically defined in a written amendment to the Recreational Facilities Agreement (split 50/50 between The Township/TWLDC). The Township commitment by budget year 2014 through 2019 is as follows:
Township project costs per year will not exceed and are limited to the reimbursement amounts per year as reflected in the above summaries entitled Existing Township project funding and Proposed project funding for 2014-2019 projects.
Any project management fee charged by outside parties will be allocated as part of the project cost and paid pro-rata as a part thereof. Internal project management costs incurred by TWLDC (which are not paid to outside parties) will not be reimbursed under this agreement.
The Comprehensive Agreement will allow for complete involvement on an ongoing basis of The Woodlands Township staff in the planning, review and coordination of all projects, and annual presentment of all proposed projects to The Woodlands Township Board for their final review and approval of final funding thereunder as part of the annual budgeting process by The Township beginning for fiscal year 2014 through the Termination Date, provided that the total amount of the commitment for the funding of recreational facilities and projects within the Town Center is met during the time period provided therein; if not, unspent funds may be carried over for two (2) years following the Termination Date. All projects presented must be presented, planned and constructed consistent, based on past practices, with the maintenance requirements of The Woodlands Township and be in full compliance with and subject to all other approvals as required under applicable covenants and other applicable restrictions and requirements.
TWLDC has submitted a listing of new parks and pathways development that was included in the Township’s 2014 Capital Budget which totals $3,925,000: $1,587,500 for new parks in previous TWA areas; $187,500 for new pathways in previous TWA areas; and $2,150,000 for new streetscape/ pathway developments in previous WCOA areas (Attachment B). The schedules also indicate the amount to be carried over into 2014 from uncompleted 2013 projects.
Per the Agreements, TWLDC must perform the following services:
1. Oversee planning, design and construction of the Recreational Facilities.
2. Hire and manage all contractors and consultants necessary to accomplish its services, in accordance with Texas Sate Law applicable to the Township for bidding and award of contracts.
3. Handle all accounting and administrative matters associated with the design and development of the
4. Apply to the appropriate agency for and administer federal and state grants for the Recreational Facilities to the extent that the grants are available and the proposed Recreational Facilities are eligible.
5. Review plans for the Recreational Facilities with the Township and its representatives at key milestones in the planning/design process.
TWLDC utilizes competitive bidding procedures to ensure prudent use of funds and that competent contractors
are awarded the work. Additionally, they include parks and recreation department employees in the park planning
process and update the Boards as projects progress.
In order to facilitate the timely progression of construction and related payments for work performed, it will be necessary for the Township to make payments to TWLDC as stipulated in the agreements.
In previous years, the Board of Directors authorized the President/General Manager to approve all invoices, progress payments, draws and reimbursements related to the capital projects provided the amounts are within the approved budgets and the projects are within their scope as presented, provided that a review by legal
counsel finds no conflict with purchasing and procurement codes relative to the Township. These procedures have worked satisfactorily for the Township and no issues have occurred.