Board of Directors Regular Meeting Agenda
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Receive, consider and act upon a conveyance of Hughes Landing Water Garden Park and on the 5th Amendment to the Ground Lease Agreement for Lake Woodlands in connection therewith;
Annual maintenance cost for adding this park is estimated to be $20,000 which includes park and pathway maintenance. These costs were included in the 2017 Park Operations Budget and the park will be added to the Park and Pathway Maintenance Services Agreement with Brightview. There is no additional costs associated with the 5th Amendment to the Ground Lease Agreement for Lake Woodlands as the amendment is correcting the actual amount of acreage of Lake Woodlands as was determined during the survey for the park.
The Woodlands Land Development Company (TWLDC) has submitted the following reserve for conveyance: Unrestricted Reserve “C”, Block 3 of The Woodlands Metro Center, Section 75, also known as Water Garden Park. Water Garden Park will be the 140th park in the community’s system and provide the community open space adjacent to Lake Woodlands. The park contains an art sculpture "Dream It, Do It", benches, a boardwalk along the water’s edge and a variety of wetland plantings (Attachment A).
As part of the Conveyance, an Agreement of Inclusion is included which is related to the bald eagle area. A similar document was accepted by the Board on February 2016, when the Lake’s Edge Boat House was conveyed to the Township. The Agreement protects the Township from potential future federal requirements in the event the eagle(s) relocated to Township property. The Woodlands Land Development Company (TWDC) holds a §10A Inclusion permit from The United States Fish and Wildlife Service which provides certain authorizations for potential impacts to the bald eagle in connection with construction and operation of the development on the east side of Lake Woodlands. As the Township is a property owner within the permitted area, USFW allows TWDC to assign Inclusion Rights and Responsibilities for the exclusive use and benefit of the Township's property. In effect, this affords The Woodlands Township the same permit rights and responsibilities for the Township property that are provided to TWDC. As additional properties in Hughes Landing are conveyed to the Township, similar Agreements of Inclusion and Certificates of Inclusion will be included in the conveyance documents.
The 5th Amendment to the Lake Woodlands Lease Agreement adds the portion of the lake under and east of the bridge at Hughes Landing Blvd.(between the back of Whole Foods park garage and Embassy Suites - the Water Garden Park) and takes out of the lake boundaries an area that is actually dry land near Escalantes. The changes adds (i) 0.2075 acres to the tract; (ii) 0.683 acres to the tract; (iii) and removes 0.0212 acres from the tract. This amendment is considered "clean-up" of survey boundaries from a legal perspective (Attachment B). The Township entered into an Assignment, Assumption and Amendment of Ground Lease with Lake Woodlands Property Owner's Association (LWPOA) and The Woodlands Land Development Company in December 2014, as it was determined that it is in the best interests of the members of LWPOA, the residents and taxpayers of the Township and for the Township to accept such transfer and assignment of the Ground Lease assuming the rights, duties and responsibilities of LWPOA under the Ground Lease.
The park has been inspected and a pre-conveyance report has been provided to TWLDC. No major issues were reported. Legal counsels have completed a review of the Special Warranty Deed and related documents and the 5th Amendment to Lake Woodlands and has found them to be acceptable.
Accept the conveyance by Special Warranty Deed from The Woodlands Land Development Company, L.P. for Water Garden Park and approve the 5th Amendment to Ground Lease Agreement and authorize the President/General Manager to execute all necessary documents related to the conveyance and amendment as approved to form by the Township Attorney.
Attachment A - Conveyance documents Water Garden Park
Attachment B - 5th Amendment Lake Woodlands Lease Agreement -
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