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File #: 24-0568    Version: 1 Name: Raintree HOA Fence and Gate
Type: Agreements/Contracts Status: Passed
File created: 6/7/2024 In control: City Commission
On agenda: 6/18/2024 Final action: 6/18/2024
Title: MOTION TO APPROVE A LICENSE AGREEMENT WITH RAINTREE AT MAYFAIR HOMEOWNER’S ASSOCIATION FOR THE INSTALLATION OF FENCING AND GATES AT CITY OWNED RAINTREE PARK TO BE PURCHASED, INSTALLED AND MAINTAINED BY RAINTREE HOA WITH THE CITY CONTRIBUTING $30,000 TO THE COST OF THE GATE AND AGREEING TO OPERATE THE OPENING AND CLOSING OF THE GATE DAILY IN ACCORDANCE WITH ESTABLISHED PARK HOURS.
Sponsors: Parks and Recreation Director, Christina Sorensen
Attachments: 1. 1. Raintree HOA - License Agreement and Exhibits (v), 2. 2. Commission Approved Reso 2020-R-52 - City Center Mobility Hub - 12162020.pdf

Title

MOTION TO APPROVE A LICENSE AGREEMENT WITH RAINTREE AT MAYFAIR HOMEOWNER’S ASSOCIATION FOR THE INSTALLATION OF FENCING AND GATES AT CITY OWNED RAINTREE PARK TO BE PURCHASED, INSTALLED AND MAINTAINED BY RAINTREE HOA WITH THE CITY CONTRIBUTING $30,000 TO THE COST OF THE GATE AND AGREEING TO OPERATE THE OPENING AND CLOSING OF THE GATE DAILY IN ACCORDANCE WITH ESTABLISHED PARK HOURS.

 

 

Summary Explanation and Background

 

SUMMARY EXPLANATION AND BACKGROUND:

1.  Raintree Park is a linear passive park located between Hiatus Road and SW 114th Avenue and runs through the Washington Street right of way.  The park bisects the residential gated development, Raintree at Mayfair.  The park has a wide asphalt walking path that runs from Hiatus Road to 114th Avenue and crosses over the development's main roadway, SW 113th Lane. The park has bollards installed at either end and split rail fencing to prevent vehicular traffic from entering the park.  The park is utilized by many residents from the surrounding communities. Many of the kids that live east of Hiatus Road utilize the walking path to access Palm Cove Elementary.  Currently the park does not have gates that open and close with regular park hours which are dawn to dusk.  Park hours are established by Chapter 97 "Parks and Recreation" of the City's code of ordinances.

 

2.  Raintree Park is unique in that it is open to the public and allows pedestrian access to the gated Raintree Development.  While the park was anticipated in the early stages of the plans for the residential development, current homeowner's expressed concern of not being aware that their gated community is not 100% secure.  The Raintree at Mayfair Homeowner's Association approached city leaders looking for assistance with addressing the concerns of the residents.

 

3. City Administration and Vice Mayor Good met several times with the HOA Board Members to discuss options and solutions that would be acceptable to both parties with the understanding that the City is open to the park being closed during non-operating hours, but wants the park to remain a park for its residents and that the HOA wants to limit access to their private development.

 

4.  The parties agreed to bring this license agreement to the City Commission for consideration and approval. 

 

5.  The Association is currently in the process of installing security measures to include new perimeter fencing.  The fencing is a bronze decorative aluminum fence.  The HOA has agreed to increase their perimeter fencing project to include fencing and gates on the east and west ends of Raintree Park.  The license agreement requires the HOA to purchase, install, and maintain the fencing and gates and to take over maintenance of the hedges that are located in Raintree Park.  In exchange, the City will contribute $30,000 towards the cost of the new fencing and will have the Parks Maintenance Contractor open and close the new gates in accordance with established park hours.  The credit for Raintree HOA taking over the maintenance of the hedges will offset the cost to have the Parks Maintenance Contractor physically open and close the park everyday.

 

HISTORY ON RAINTREE PARK

 

6.  On February 4, 2009 the City agreed to purchase the former Raintree Golf Course, approximately 112+ acres of land, from Raintree Development for $9,100 000.  At the time, the City's purchase of the Raintree property represented a strategic acquisition for the City as this property was the largest remaining privately owned development parcel of undeveloped land within the City limits. The property offered a number of distinct benefits to the City and the community, ranging from development for increased tax base, preservation and conservation of open space, wetland mitigation, and potential future needs of the City's Parks and Recreation and Public Services Departments.  City Administration considered several plans and ideas for the property.

 

7.  On January 10, 2012, the City Commission approved ordinance number 2011-34 authorizing the sale of 32.9 acres to Hoyer Homes for $3,100,000 for the purpose building residential homes (Phase One).  The 32.9 acres were south of what is now known as Raintree Park.  The purchase and sale agreement included constructing a fully functioning 2 lane road between the intersection of Washington Street and SW 114th Avenue to the west and the intersection of Washington Street & South Hiatus Road to the East as well as making incidental improvements to the traffic intersection of Hiatus Road and Washington Street.  The agreement indicated that Hoyer Homes was responsible for the scope and cost of construction for the road improvements not to exceed $470,000.

 

8.  On August 1, 2012, the City Commission approved a Joint Partnership Agreement "JPA" with Broward County for the construction of a traffic signal at the intersection of Washington Street and Hiatus Road.  Broward County had determined that a traffic signal was warranted at this intersection.  The estimated cost for the signal was $359,000.  Broward County agreed to pay $259,000 toward the cost of the traffic signal.  The financial impact of the City participating in the JPA for the traffic signal indicated that the cost of $359,000 would be covered by Broward County for $259,000 and Hoyer Homes for $100,000 from the $470,000 for road improvements agreed to as part of the purchase and sale agreement.

 

9.  On September 5, 2012, the City Commission approved the First Amendment to the Purchase and Sale Agreement to change the proposed 2 lane road between the intersection of Washington Street and SW 114th Avenue to the west and the intersection of Washington Street & South Hiatus Road to the East to a linear park.  This change was a result of the completion of the site plan and input from surrounding residential communities.  The First Amendment included shifting the $470,000, less the $100,000 earmarked for the traffic signal, that Hoyer was obligated to pay for road improvements to now pay for a linear park.

 

10.  On January 23, 2013, the City approved the Linear Park Improvements Agreement and Storage Facility Construction between the City and Hoyer Homes to further outline the requirements of the construction of the linear park and the demolition of the old golf course storage facility.  The agreement called for the project to be completed by June 1, 2016.

 

11.  On November 19, 2013, the City Commission approved ordinance number 2013-23 authorizing the sale of 79.88 acres to Hoyer Homes for $7,050,000 with the intent of developing two residential communities comprised of townhouses and single-family homes.  The City did not sell the property earmarked for the linear park.

 

12.  On May 15, 2015 The City approved the second amendment to the Linear Park Improvements Agreement and Storage Facility Construction Agreement to shift the responsibility and obligation to construct all Linear Park Improvements as contemplated in the Original Agreement to the City and Standard Pacific, successor in interest to Hoyer's rights and obligations under the Original Agreement, would deliver to the City the sum of $450,000 for the City's complete use and discretion of the funds to complete the work for the Linear Park Improvements.  The First Amendment also removed the project completion requirement of June 1, 2016, and stated the completion date would be determined by the City.

 

13.  The Raintree at Mayfair Development Project was built in phases from 2015 to 2019. 

 

14.  On December 16, 2020, the City Commission approved resolution #2020-R-52 endorsing the recommendations of the Pembroke Pines Mobility Hub Master Plan and supporting the efforts of the Broward Metropolitan Planning Organization "MPO" to prepare the recommended capital improvements for Federal Transit Administration funding.  The Master Plan included the following:

                     A. Relocation and enhancements to the four primary bus shelters that serve City Center on Pines Boulevard. Including a signature bus shelter incorporating themes from City Center.

                     B. Micro shelters for community bus service within City Center.

                     C. Enhanced pedestrian crossings on Pines Boulevard at the intersections of 103rd and 106th.

                     D. A multi-use path with signage and site lighting along Washington Street connecting City Center with Hiatus Road and the Raintree passive park.

                     E. Improved connectivity to transit and multimodal transportation

 

15.  The City completed the construction of the linear park, subsequently named Raintree Park, on May 1, 2021.

 

16.  Request the City Commission approve the License Agreement with Raintree at Mayfair Homeowner's Association for the installation of fencing and gates at city owned Raintree Park to be purchased, installed and maintained by Raintree HOA with the City contributing $30,000 to the cost of the gate and agreeing to operate the opening and closing of the gate daily in accordance with established park hours.

 

Financial Impact

FINANCIAL IMPACT DETAIL:

 

a)   Initial Cost:  $30,000

b)   Amount budgeted for this item in Account No: None

c)   Source of funding for difference, if not fully budgeted: If approved the below budget adjustment will be entered.

 

From:

001-572-7001-663000-0000-000-0000 - Improvements Other than Building $30,000

 

To:

001-5727001-663061-0000-000-0000 - Fencing $30,000

 

d)   5 year projection of the operational cost of the project:  There is no impact to the operating budget.

e)   Detail of additional staff requirements:  Not Applicable

 

 

FEASIBILITY REVIEW:

 

A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts.  This analysis is to determine the financial effectiveness of function sourcing services.

 

a)   Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable

b)   If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable