LEGISLATIVE RESEARCH CENTER
File #: 16-544    Name:
Type: Consent Item Status: Passed
File created: 5/10/2016 In control: Broken Arrow City Council
On agenda: 5/17/2016 Final action: 5/17/2016
Title: Approval of and authorization to execute a Shared Parking and Mutual Access Easement Agreement with BA Holdings, LLC on City Owned Land associated with Hilton Garden Inn
Attachments: 1. Shared Parking and Mutual Access Easement Agreement, 2. Release of Shared Parking and Mutual Access Easement Agreement, 3. Original Shared Parking and Mutual Access Easement Agreement

Broken Arrow City Council

                                                                                               Meeting of: 05-17-2016

                                                                                    

To:                     Mayor and City Council

From:                     Development Services Department

Title: 

title

                     Approval of and authorization to execute a Shared Parking and Mutual Access Easement Agreement with BA Holdings, LLC on City Owned Land associated with Hilton Garden Inn

End

Background:

The City of Broken Arrow purchased real property in May 2014 from Roland Investments, Ltd., for the development of a Hotel and Conference Center.  Around this time, Roland Investments, Ltd., entered into an agreement with BA Holdings, LLC for the sale of an adjacent property for the development of another hotel.

 

BA Holdings, LLC met with the City in late summer 2014 about a proposed hotel, Hilton Garden Inn, on Lot 4, Tract C.  In early 2015, during submittal of the site plan, it was discovered the parking for this hotel was planned on then Roland property/now City property.  An agreement surfaced between Roland Investments and BA Holdings that called for 22 shared parking spaces.  The site plan showed 57 spaces. 

 

Numerous site plan and engineering plan changes through early Spring 2015 saw the number of spaces range from a high of 64 to a low of 34.    Staff provided possible options to representatives of BA Holdings that included but not limited to amending the existing Planned Unit Development (PUD) parking requirement, reducing the number of hotel rooms, building a bi-level parking structure, and amending the agreement.

 

Ultimately, BA Holdings chose to amend the PUD parking requirement to one space per room only.  This provided 107 spaces for the 107 rooms of which 34 would need to be “shared” parking onto City owned property.

 

BA Holdings and Roland Investments worked with City Legal staff on a release of Shared Parking and Mutual Access Easement Agreement.  This document was executed by the parties on July 24, 2015.  This cleared the way to prepare a new shared parking agreement between the BA Holdings and the City of Broken Arrow for 34 “shared parking spaces.”

 

City Legal Staff were unable to connect with BA Holdings until just recently.  BA Holdings signed the new agreement on April 5, 2016. 

Staff recommends approval of the Shared Parking and Mutual Access Easement Agreement.                                           


Cost:                                                                Recording costs

Prepared By:                                           Michael Skates, P.E., CFM, Development Services Director

Reviewed By:                                          Assistant City Manager - Operations

                                    Legal Department                                   

Approved By:                      Michael Spurgeon, City Manager

Attachments:                                          Shared Parking and Mutual Access Easement Agreement
Release of Shared Parking and Mutual Access Easement Agreement
Original Shared Parking and Mutual Access Easement Agreement between Roland Investments and BA Holdings

Recommendation:                     Approve and Authorize Execution of the Shared Parking and Mutual Access Easement Agreement with BA Holdings, LLC on City Owned Land associated with Hilton Garden Inn.

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