Board of Directors Regular Meeting Agenda


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Meeting Date: 06/26/2019  

SUBJECT MATTER:
Receive, consider and act upon the Assignment and Assumption of Services Agreement regarding community-wide streetscape services effective January 1, 2020;
FISCAL IMPACT:
In 2014, The Woodlands Township and the Woodlands Land Development Company entered into a Comprehensive Community Services Agreement (CCSA), with said agreement to expire on December 31, 2019. During the term of this agreement, The Woodlands Land Development Company (TWLDC) agreed to manage the community wide streetscape maintenance agreement and fund a portion of the overall costs. For the 2019 year, which is the final year of this six-year CCSA agreement, The Woodlands Township's budget for contracted streetscape services is $5,073,182 and The Woodlands Land Development Company contributes an additional $1,070,000 for their share of the streetscape costs. TWLDC also provided the personnel required for the management of the contractual services. 

TWLDC representatives have indicated that the company is not interested in funding and managing the community-wide streetscape services agreement beyond December 31, 2019. The responsibility for managing streetscape maintenance responsibilities is proposed to be assigned to the Township beginning January 1, 2020. 

The assumption of the streetscape management agreement is expected to increase the Township's streetscape maintenance costs by approximately $800,000 to $1,000,000 per year, pending negotiations, plus require the addition of two personnel (budgeted in the 2019 budget). 

Other potential fiscal impacts related to the extension of the CCSA beyond December 31, 2019, may include allocated funding support for streetscape maintenance costs in Town Center, shared funding for Joint Public Capital Projects, DSC delegation, considerations regarding the License Agreement for 20 Waterway related to the public restrooms and the potential for the dedication of property for future Township use. The fiscal impact related to these matters have not been determined. 
BACKGROUND:
The Woodlands Township and The Woodlands Land Development Company LP (TWLDC) entered into the Comprehensive Community Services Agreement (CCSA) effective February 27, 2014 (Attachment A). The term of the CCSA expires December 31, 2019, unless extended by Mutual Extension. Discussions have been underway in 2018 and 2019 to discuss the potential extension (and amendment) of the CCSA agreement.
 
To provide some history, the initial CCSA in 2014 consolidated several previous agreements between Woodlands Community Association (WCA), The Woodlands Association (TWA), Woodlands Commercial Owners Association (WCOA, Woodlands Community Service Corporation (WCSC) and TWLDC in order to assure a continued level of mutually beneficial community services and associated funding for The Woodlands during and after transition of governance from the TWA, WCA, WCOA and WCSC to the Township. The CCSA provides the terms and conditions related to: Streetscape Maintenance, Construction of Recreational Facilities and Sports Field Lands, Uniform Standards and Covenants, and orderly land conveyances. 
 
In recent discussions between TWLDC and The Township, it appears that both parties have an interest in extending the CCSA with amended terms and conditions. This is a complex issue and is expected to take until late 2019 to finalize an amended agreement. However, due to the timing requirements necessary for a change in the management responsibility for community-wide streetscape maintenance, there is a consensus of the parties that the streetscape management responsibilities should be transferred to the Township effective January 1, 2020.
 
Other potential CCSA amendments associated with a renewal agreement may include allocated funding support for streetscape maintenance costs in Town Center, shared funding for Joint Public Capital Projects, DSC delegation, considerations regarding the License Agreement for 20 Waterway related to the public restrooms and the potential for the dedication of property for future Township use. These matters will continue to be discussed between the parties with an amended CCSA agreement proposed to be considered in late 2019.
RECOMMENDATION:
Authorize the President/General Manager to execute the attached Assignment and Assumption of Services Agreement with Brightview Landscapes LLC and The Woodlands Land Management Development Company LLC, as approved to final form by the Township Attorney, whereby the Township would assume responsibility for community-wide streetscape maintenance effective January 1, 2020, and
 
Authorize the President/General Manager to negotiate and execute a one year extension to extend the term of the assumed Communitywide Streetscape Services Agreement with Brightview Landscapes LLC through calendar year 2021 under the same terms and conditions, as approved to final form by the Township Attorney, and
 
Authorize the President to proceed with filling the two positions authorized by the Township Board of Directors in the 2019 budget to manage and administer the community-wide streetscape services program.
Attachments
Attachment A - CCSA
Attachment B - Services Agreement TWMDC Brickman
Attachment C - Assignment and Assumption of Services Agreement


    

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