Board of Directors Regular Meeting Agenda


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Meeting Date: 12/05/2018  

SUBJECT MATTER:
Receive, consider and act upon a First Amendment to a Lease Agreement for Spring Creek Trail (C-2008-4083A); 
FISCAL IMPACT:
Currently, $25,000 is allocated to the maintenance of the trails located in the George Mitchell Nature Preserve. This funding provides for routine trail maintenance, trail repairs, i.e. washouts and materials required to maintain the natural trail system. Township staff performs routine inspections and a basic level of maintenance on the trail sections and it is envisioned that volunteer groups will assist with that effort in the future.   Maintenance in and around the trailhead parking lot on Dr. Ann Snyder Way will be added to the Park Maintenance Services Agreement which is estimated to minimal;
BACKGROUND:
The George Mitchell Nature Preserve is an 1,800-acre natural area dedicated on the 33rd anniversary of the opening of The Woodlands, October 19, 2007, along with the dedication of the Village of Creekside Park.  The creation of natural trails in the George Mitchell Nature Preserve was a partnership between The Woodlands Land Development Co., Montgomery County Precinct 3, The Woodlands Association and Texas Parks and Wildlife Department Recreational Trails Grant Program.
 
The Woodlands Land Development Company (TWLDC) owns all of the property within the George Mitchell Nature Preserve and both The Woodlands Township and Montgomery County have lease agreements for recreation facilities (trails).  The Montgomery County lease agreement was assigned to the Township in September 2016. 
 
In 2008, The Woodlands Association entered into a Lease Agreement with TWLDC  that provides rights to the natural surfaced trails for Segments "A" through "P" (Attachment A). Bayou Land Conservancy through a Texas Parks and Wildlife Trails grant and with assistance in funding for the local match from The Township, expanded the trail system which now spans from Dr. Ann Snyder Way to Budde Road.   

The First Amendment To Lease Agreement expands the Existing Premises of the original Lease to  include a 100 Foot Wide Pathway Easement for the new trail segments "Q" through "T" and the trailhead parking lot on Dr. Ann Snyder Way (Attachment B).  This provides the Township rights to all the trail as depicted on the attached map (Attachment C).  The 100 foot easement width will provide an opportunity for the Township and BLC trails to coexist in conjunction with the potential Harris County Precinct 4 paved asphalt trails and equestrian trails all within the same easement corridor. All other terms of the Lease Agreement are unchanged including the Conveyance of the Premises (trails) to the Township on or before the last day of the Term, ending on August 31, 2023.  Prior to conveyance, a metes and bounds survey will be performed for transfer to the Township by Special Warranty Deed.

Legal Counsel has completed a review of the First Amendment to the Lease Agreement and has found it to be acceptable.
RECOMMENDATION:
Approve the First Amendment to the Lease Agreement with The Woodlands Land Development Company and authorize the President /General Manager to execute the agreement as approved to form by the Township Attorney. 
Attachments
Attachment A - GMNP Trails TWA & TWLDC 2008
Attachment B - First Amendment To Lease Agreement
Attachment C - GMNP Trail Map


    

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