Title
Authorizing the City Manager to execute a license agreement granting the Falcon Pointe Homeowners Association Inc. permission to install landscaping improvements and provide private parkland maintenance for the public parks within the Falcon Pointe Subdivisions for a minimum term of 10 years.
Summary
In accordance with the Parkland Agreement for Falcon Ridge Two recorded under Document No. 2001011803 in the Official Public Records of Travis County, Texas, the Association is required to mow and maintain landscaping within the public pocket parks, maintain liability insurance, and indemnify the City for any personal injury or property damage claims arising from maintenance activities performed by or on behalf of the Association for a term no less than ten (10) years by a license agreement. A similar ten year agreement was in place with Newland Properties, the developer of Falcon Pointe.
The HOA was created to administer the affairs of Falcon Pointe pursuant to the terms of the First Amended and Restated Declaration of Protective Covenants for Falcon Pointe dated effective March 1, 2002, and recorded under Document No. 2002039135 of the Official Public Records of Travis County, Texas, as amended, and has the authority to levy assessments against the lots within Falcon Pointe to provide a permanent source of funding for the HOA to pay for mowing and maintenance of landscaping within the pocket parks dedicated to the City.
The City Attorney has reviewed this license agreement.
Deadline for City Council Action
There is no deadline for action on this item.
Fiscal Impact
There is no fiscal impact to the City as a result of this license agreement.
Staff Recommendation
Staff recommends approval.
Drafter
Trey Fletcher, AICP
Assistant City Manager