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HomeMy WebLinkAboutItem 10 Public Right of Way Use Agreement to Allow Private Developer JM Hotel, LLC to Place, Construct, and Maintain AGENDA ITEM SUMMARY Meeting Date: 5/2/2016 Meeting Type: Regular Meeting Staff Contact/Dept.: Jeff Paschall Development and Public Works Staff Phone No: 541-726-1674 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: PUBLIC RIGHT OF WAY USE AGREEMENT TO ALLOW PRIVATE DEVELOPER JM HOTEL, LLC TO PLACE, CONSTRUCT, AND MAINTAIN: EARTH AND STRUCTURAL FILL, VEGETATION, STORMWATER FACILITIES, AND REMOVE AND RECONSTRUCT AN EXISTING ACCESS ROAD. ACTION REQUESTED: Approve or reject the following motion: AUTHORIZE THE DEVELOPMENT AND PUBLIC WORKS DIRECTOR TO ISSUE A PUBLIC RIGHT OF WAY USE AGREEMENT TO JM HOTEL, LLC TO PLACE, CONSTRUCT, AND MAINTAIN: EARTH AND STRUCTURAL FILL, VEGETATION, STORMWATER FACILITIES, AND REMOVE AND RECONSTRUCT AN EXISTING ACCESS ROAD. ISSUE STATEMENT: JM Hotel LLC, the developers of the Fairfield Inn and Suites, is requesting approval to construct a privately owned and maintained earth and structural fill, vegetation, and stormwater facility within the Franklin Boulevard public right-of-way. In addition, the developer has proposed removal and reconstruction of a maintenance access road. Staff has prepared a Public Right Of Way Use Agreement for Council's consideration to allow the proposed improvements. ATTACHMENTS: 1.Public Right of Way Use Agreement 2.Vicinity Map DISCUSSION/ FINANCIAL IMPACT: Local developer JM Hotel, LLC, have proposed to build a four story 81 room Fairfield Inn and Suites in Glenwood. The new hotel will be along the south side of Franklin Boulevard just west of the existing Candlewood Suites Hotel. As part of the Development, the developers have proposed to use a portion of existing public right of way to construct stormwater improvements and vegetation for site beautification and amenity. In addition, the developer will remove and reconstruct an existing gravel road that provides access to the Whilamut Passage Bridge, the Glenwood North Channel, and the Glenwood Slough. Chapter 3.224 of the Springfield Municipal Code provides for utilizing a public way use agreement to authorize the placement of privately owned devices or structures within a public way. The developers of the Fairfield Inn and Suites desire to use approximately the southern 45 to 20 feet of the Franklin Boulevard right-of-way to construct the desired facilities. These facilities will be built using private funds, and maintained by JM Hotel, LLC. The proposed Public Way Use Agreement allows the developer to build and maintain the fill, vegetation, and stormwater in perpetuity while preserving the public's rights and releasing the City from financial liability regarding the installed facilities. The Agreement binds the developer, JM Hotel, LLC, and future heirs and successors. In the unlikely event that the facilities become problematic for the City, Section 10 of the Agreement provides the opportunity for the City to terminate the Agreement upon 60 days' notice. Attachment 1, Page 1 of 11 Attachment 1, Page 2 of 11 Attachment 1, Page 3 of 11 Attachment 1, Page 4 of 11 Attachment 1, Page 5 of 11 Attachment 1, Page 6 of 11 Attachment 1, Page 7 of 11 Attachment 1, Page 8 of 11 Attachment 1, Page 9 of 11 Attachment 1, Page 10 of 11 Attachment 1, Page 11 of 11 Hotel and facilities to be constructed in Phase 1 West. Area addressed with Public Right of Way Use Agreement. Attachment 2, Page 1 of 1