Sparks City Council Meeting 5/13/2019 2:00:00 PM

    Monday, May 13, 2019 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

General Business: 9.6

Title: Consideration, discussion, and possible action on a Roadway Improvement Cooperation Agreement (AC-5566) between the City of Sparks and Sparks Legends Outlet Shops, LLC for completing the construction of Windsurfer Drive in Sparks, Nevada with the City’s portion of the project cost totaling $112,690
Petitioner/Presenter: Sparks Legends Outlet Shops, LLC/Jon Ericson, P.E., City Engineer
Recommendation: City staff recommends approval of the Roadway Improvement Cooperation Agreement between the City of Sparks and Sparks Legends Outlet Shops, LLC.
Financial Impact: N/A
Total Costs: $112,690.00
Fund: Road Fund    Account: 604070
Program: 1401- Windsurfer Drive Improvements (20-0503)
Amount: $112,690.00    Budget Status: Over Budget (See Budget Correction Plan)
Budget Correction Plan:
$350,000 in budget will be entered on July 1, 2019 for this FY19/20 CIP Project in Fund 1401.
Business Impact (Per NRS 237):
     A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The proposed roadway improvement cooperation agreement defines the respective roles and obligations of the City of Sparks and Sparks Legends Outlet Shops, LLC for the completion of Windsurfer Drive, an existing, partially constructed road adjacent to the Legends at Sparks Marina planned development.



Background:

Windsurfer Drive is an existing, partially improved road located at the eastern boundary of the Marina Village planned development (“Marina Village”) and the western boundary of the Legends at Sparks Marina planned development (“Legends Outlets”) between East Lincoln Way and Bayshore Drive in Sparks (Exhibit 1 – Vicinity Map). The City acquired the western half of Windsurfer Drive by dedication from the developer of Marina Village and is responsible for completing construction of the western portion of Windsurfer Drive.

Sparks Legends Outlet Shops, LLC (“Sparks Legends”) owns a parcel directly adjacent to the northeastern edge of Windsurfer Drive with Washoe County Assessor Parcel Number 037-031-16 (“Legends Parcel”). This parcel includes within its current boundaries a portion of the right-of-way required for the eastern half of Windsurfer Drive. Sparks Legends sold to PEDC LLC (“PEDC”) an adjacent parcel located at the southeastern edge of Windsurfer Drive with Washoe County Assessor Parcel Number 037-031-15 (“PEDC Parcel”). This parcel also includes within its current boundaries a portion of the right-of-way required for the eastern half of Windsurfer Drive. PEDC maintains a business relationship with Sparks Legends, the master developer of the Legends Outlets.

In February of 2018, the City approved an Administrative Review request (AR17-0033) to allow for the construction of commercial buildings on the Legends and PEDC Parcels. A condition of AR17-0033 requires that right-of-way for Windsurfer Drive be dedicated to the City and that Windsurfer Drive be improved to the approval of the City Engineer prior to the issuance of any Certificate of Occupancy for any building on the Legends Parcel or PEDC Parcel. Sparks Legends is responsible for completing construction of the eastern half of Windsurfer Drive, from the centerline of the road to its eastern boundary, to City of Sparks roadway construction standards. PEDC is currently developing the PEDC Parcel for a recreational vehicle dealership.

The City has included the construction of improvements to Windsurfer Drive in the Capital Improvements Plan for Fiscal Year 2020 approved by the City Council on April 22, 2019.



Analysis:

The proposed Roadway Improvement Cooperation Agreement (“Agreement”) defines the respective roles and obligations of the City of Sparks and Sparks Legends Outlet Shops, LLC for the completion of Windsurfer Drive. Generally, Sparks Legends is responsible for contributing right-of-way and funds to construct the eastern portion of Windsurfer Drive. The City is responsible for the cost of constructing the western portion of Windsurfer Drive and for bidding and constructing the project during City fiscal year 2020. The proposed Agreement include the following terms.

• Civil Improvement Plans. Sparks Legends will provide the City the civil improvement plans for Windsurfer Drive it previously contracted for with a third-party professional engineer (Exhibit 2 – Windsurfer Drive Plan and Profile). Sparks Legends will transfer responsibility for completion of the civil improvement plans to the City and will contribute $10,000, the estimated cost for completion of the Plans, to the City.
 
• Dedication of Right-of-Way. Sparks Legends will dedicate to the City, from the Legends Parcel, the necessary right-of-way for the northeastern portion of Windsurfer Drive. Sparks Legends will also, in its role as master developer for the Legends Outlets, arrange for PEDC to dedicate to the City from the PEDC Parcel the necessary right-of-way for the southeastern portion of Windsurfer Drive. Sparks Legends also agrees to obtain and supply to the City all necessary construction easements. The Deeds of Dedication from Sparks Legends and PEDC are attached to the Agreement.
 
• Construction Costs. Sparks Legends shall pay to the City the sum of $152,357, which represents Legends’s portion of the construction costs. Legends shall pay this amount to the City within 15 business days following execution of this Agreement.
 
• Construction of Improvements. The City will bid and award a public works construction contract for Windsurfer Drive during the City’s Fiscal Year 2020. The City will manage the construction contract and oversee construction of the improvements to Windsurfer Drive through completion.
 
• Wall Adjacent to Eastern Boundary of Windsurfer Drive. Sparks Legends will, at its own expense, remove the existing wall bordering the eastern side of Windsurfer Drive within 30 days of the City providing Sparks Legends a written notice to do so. Replacement walls will be constructed by the respective developers of the PEDC Parcel and Legends Parcel at their own expense in accordance with the requirements of the Legends at Sparks Marina planned development handbook.
 
• Sidewalk Adjacent to Eastern Boundary of Windsurfer Drive. The developer of the Legends Parcel may be required to dedicate to the City additional right-of-way for, and construct, a five foot (5’) wide sidewalk at their own expense along that section of Windsurfer Drive adjacent to the Legends Parcel if the use of the parcel warrants pedestrian access to and along Windsurfer Drive.
 
• Waiver of Administrative Review Condition of Approval Applicable to PEDC Parcel. The City agrees to waive Condition of Approval 4 imposed by Administrative Review AR17-0033 requiring that Windsurfer Drive be improved to the approval of the City Engineer prior to the issuance of any Certificate of Occupancy for any building on the PEDC Parcel.
 
• Direct Access to Windsurfer Drive from Legends Parcel. Subject to any City approvals required by the Legends at Sparks Marina Planned Development Handbook for the future development of the Legends Parcel, the City will allow, at the request of Legends, the Legends Parcel to have direct access to Windsurfer Drive.
 
City staff believes the proposed Agreement will provide for the completion of Windsurfer Drive in an equitable manner consistent will the requirements of previous land use approvals for the Legends at Sparks Marina planned development and recommends approval of the Agreement.


Alternatives:
  1. The City Council can approve the Roadway Improvement Cooperation Agreement.
  2. The City Council can modify the Roadway Improvement Cooperation Agreement subject to the concurrence of Sparks Legends Outlet Shops, LLC.  
  3. The City Council could reject the Roadway Improvement Cooperation Agreement and  provide direction to the City Manager.


Recommended Motion:

I move to approve the Roadway Improvement Cooperation Agreement (AC-5566) between the City of Sparks and Sparks Legends Outlet Shops, LLC for completing the construction of Windsurfer Drive.



Attached Files:
     03 - Exh 2 - Windsurfer Drive Plan and Profile.pdf
     04 - 037-031-15 - Deed of Dedication and Exhibits.pdf
     05 - 037-031-16 - Deed of Dedication and Exhibits.pdf
     01 - Sparks RED Windsurfer Roadway Improvement Cooperation Agreement.pdf
     02 - Exh 1 Windsurfer Vicinity Map.pdf
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