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CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: Consideration of an Ordinance authorizing the City Manager to execute a
Memorandum of Understanding with Alamo Heights Bike Park, Inc. to create the
Alamo Heights Bike Park at 230 Jones Maltsberger
DATE: January 10, 2022
SUMMARY
Discussion and possible action approving an Ordinance to authorize the City Manager to execute
a Memorandum of Understanding with Alamo Heights Bike Park, Inc. to create the Alamo Heights
Bike Park at 230 Jones Maltsberger.
BACKGROUND INFORMATION
As a result of an increase of bike activity on the Hondondo Creek Trails, and the installation of
jump ramps along the trails, the City was asked to explore the creation of an official and separate
Bike Park. Discussion of options for appropriate locations began in June 2020 and continued with
the community group, Alamo Heights Bike Park 501(c)(3), which was created as a result of this
request.
Staff and the Alamo Heights Bike Park (AHBP) board members discussed several locations for a
potential bike park: 1) the northwestern portion of Hondondo Trails, 2) property north of the Bark
Park and south of Corona between St. Luke’s Lane and La Jara/Alamo Heights Boulevard, and 3)
between the Bark Park and the Alamo Heights ISD Baseball Field at the northeast corner of Alamo
Heights Boulevard and Jones Maltsberger Rd.
On February 8, 2021, City Council selected the third location, 230 Jones Maltsberger, located
between the Bark Park and Baseball Field, as the site for the proposed Bike Park. Staff was directed
to work with AHBP to establish a Memorandum of Understanding (MOU), property survey, land
cleaning, and any other necessary costs within budget.
Due to the COVID-19 pandemic, a temporary location was sought for use during the winter break
of 2020 while a permanent site and agreement could be reached. At the December 14, 2020 City
Council meeting, a temporary location for the bike park was approved utilizing the parking lot
north of the Bark Park. This temporary location was approved for use through February 8, 2021.
City Council extended the temporary license agreement on February 8, 2021 through March 19,
2021. Since March 19, 2021 there has not been a temporary location in place.
The proposed site selected by City Council on February 8, 2021, located at 230 Jones Maltsberger,
sits on land owned by the City of San Antonio and leased to the City. The City of Alamo Heights
originally entered into a Lease Agreement with the City of San Antonio on April 24, 1947 for the
property located in the Olmos Basin area. On November 3, 1987, the City exercised its unilateral
right to extend the term of the Master Lease an additional 40 years to April 30, 2027. The Master
Lease was further extended on March 1, 2018 to extend the lease term to 2058 with possible
extension of the lease to February 28, 2098. On September 20, 2021, approval was granted by the
City of San Antonio to improve the designated property to construct a Bike Park.
The City has been engaged in due diligence proceedings since City Council selected the site of the
proposed Bike Park in February 2021. The following actions have been taken:
 Ensured the ability of AHBP to secure and cover the expenses associated with liability
coverage for the first year of operations,
 Surveyed the selected property and identified metes and bounds, and
 Coordinated with the City of San Antonio for permission to use the site for recreational
purposes and obtained permits to clear portions of the property to make natural surface
trails.
The proposed Memorandum of Understanding (MOU) under consideration would allow for Alamo
Heights Bike Park to create a Bike Park at 230 Jones Maltsberger, between the Bark Park and the
Alamo Heights ISD Baseball Field at the northeast corner of Alamo Heights Boulevard and Jones
Maltsberger Rd. The Bike Park may contain features intended to provide bicycle users with skill
development and recreational opportunities, including natural surface trails with no jumps, ramps,
berms or constructed riding features.
The MOU would be in effect for a 10 year term, with renewal periods thereafter. The MOU defines
three (3) stages of development for the Bike Park, contingent on funding raised by AHBP:
1. The first stage is immediate access to the property for bike access, to allow users to ride
and determine best placement of trails and natural features.
2. The second stage is the creation of the natural surface trails for bike use with no jumps,
ramps, berms or constructed riding features.
3. The third stage is proposed to be development and improvement of additional trails and
features, and possible expansion into land adjacent to the property. Expansion or
modification to the property or the natural trails would require an amendment to this MOU.
Future development of the Bike Park, to include possible construction of jumps, ramps, berms or
constructed riding features, or any other expansion or addition of Bike Park facilities, would
require an amendment to this MOU.
The MOU provides that the Bike Park’s hours of operation shall be between dawn to dusk with no
use allowed after dusk. The Bike Park’s operations shall be compatible with the quiet use and
enjoyment of adjacent landowner’s rights. The perimeter of the Bike Park may be marked either
by the existing fence of the adjacent Bark Park, or by a future fence of split-rail or similar materials
that will be submitted to the City for approval.
AHBP’s responsibilities will include the design and maintenance of all projects and the general
premises, which must comply with City requirements and, if necessary, City of San Antonio
requirements. In order to create the initial trail system, the City has agreed to fund the removal of
organic debris in accordance with the City of San Antonio’s tree preservation ordinance.
AHBP shall pay all charges for electricity, natural gas, water, sewer and other utilities provided to
the Bike Park. The City agrees to provide Solid Waste pickup on a regular weekly schedule from
designated collection sites.
POLICY ANALYSIS
The Ordinance to allow the City Manager to execute a Memorandum of Understanding with AHBP
to create a Bike Park is consistent with the City’s efforts to provide quality recreational services
to the citizens of Alamo Heights and the City of San Antonio per the terms of the City’s lease
agreement.
FISCAL IMPACT
This Ordinance will have no fiscal impact on the City of Alamo Heights. Improvements to the site,
including expenses incurred by the City, will be within amounts budgeted in the FY 2022 Adopted
Budget.
COORDINATION
Staff coordinated with the City Attorney and City Manager to review the proposed insurance
obtained by AHBP and the Memorandum of Understanding.
ATTACHMENTS
Attachment A – Ordinance
Attachment B – Memorandum of Understanding with AHBP
_______________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager
1
Attachment B
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF ALAMO HEIGHTS AND
ALAMO HEIGHTS BIKE PARK, INC.
This Memorandum of Understanding (“MOU”) is hereby made and entered into this _____
day of ________, 2022 by and between the CITY OF ALAMO HEIGHTS (hereinafter referred
to as “City” or “COAH”), a Texas municipal corporation, acting by and through its City Manager,
pursuant to City Council action on February 8, 2021, and ALAMO HEIGHTS BIKE PARK,
INC., (hereinafter referred to as “AHBP”), a Texas 501(c)(3) non-profit corporation. COAH and
AHBP are sometimes referred to in this Agreement collectively as the “Parties” and individually as
a “Party.”
WITNESSETH:
WHEREAS, AHBP is a 501(c)(3) Texas non-profit corporation for the purpose of
providing a safe and inclusive place for the community to ride bikes and build confidence, fitness and
skills, through bike riding and trail building in the City of Alamo Heights; and
WHEREAS, the City and AHBP previously agreed to utilize the overflow parking lot
for the dog park operated by the Bark Park of Alamo Heights, Inc. (“Bark Park”) as a
temporary location for a bike park to be used exclusively for recreational purposes for the
benefit of the citizens of Alamo Heights and the surrounding communities (“Temporary Bike
Park”);
WHEREAS, on February 8, 2021, the City of Alamo Heights unanimously approved
to move forward with establishing a permanent bike park (“Bike Park”) in the area described
more fully in Exhibit A hereto (hereinafter, the “Property”).
NOW THEREFORE, in consideration of the premises and mutual covenants and
agreements contained herein, and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the
Parties hereby agree to the following:
1. DEFINITIONS
1.1 “City”: CITY OF ALAMO HEIGHTS
1.2 “City’s Address”: 6116 Broadway
Alamo Heights, TX 78209
1.3 “Bike Park”: THE ALAMO HEIGHTS BIKE PARK, INC.
1.4 “Bike Park’s Address: 230 Jones Maltsberger
2
Attachment B
1.5 “Demised Premises”: The properties described in the attached Exhibit A,
with the non-exclusive right of use, for ingress and
egress purposes, of surrounding properties.
1.6 “Lease Term”: 10-year term, with renewal periods thereafter
consistent with term of lease between City of San
Antonio (COSA) and COAH, effective as of the date
hereof through January 9, 2032, which term may be
extended upon mutual agreement of the Parties.
1.7 “Permitted Use”: Defined in Section 3.
1.8 “City of San Antonio Lease” The Lease Agreement dated April 24th, 1947, between
the City of Alamo Heights and the City of San Antonio
for the Olmos Basin.
APPENDICES AND
EXHIBITS
Appendix A – The Property
Appendix B – Preliminary Conceptual Design
Appendix C – Operating Rules
2. STRUCTURE OF AHBP
2.1 AHBP is a 501(c)(3) non-profit corporation and shall maintain such status during the
term of this MOU. If the status of AHBP changes during the term of this MOU, AHBP
shall promptly notify City of such change.
2.2 AHBP shall inform COAH of the names and addresses of its officers and members
annually.
2.3 The Assistant City Manager of City shall serve as the liaison of the City to the Board of
Directors of AHBP.
3. TERMS OF USE OF PROPERTY
3.1 The City agrees to lease or otherwise make available to AHBP the Demised Premises
consistent with the terms of use specified herein, so that AHBP can create a bike park
containing features intended to provide users with skill development and recreational
opportunities (including natural surface trails with no jumps, ramps, berms or constructed
riding features) consistent with applicable law, ordinances, and the City of San Antonio
Lease. AHBP is also authorized to conduct community gatherings and fund-raising
activities designed to benefit and further the purposes and objectives of AHBP, so long as
such activities are compatible with the uses of the Property authorized herein and City
3
Attachment B
event permits are obtained beforehand, if applicable.
3.2 The Bike Park’s hours of operation shall be between dawn to dusk with no use allowed
after dusk. The Bike Park’s operations shall be compatible with the quiet use and
enjoyment of adjacent landowner’s rights.
3.3 Contingent on financing and land-use requirements, AHBP will delineate the Property’s
boundaries to users and secure access to the Property. AHBP is authorized to install
fencing to secure such access, contingent upon City review and approval.
3.4 AHBP and City shall develop and agree to suitable operating rules, which shall be added
as Appendix C.
3.5 The City’s Sign Regulations shall apply to the moveable and non-moveable or permanent
signs on the Demised Premises.
4. CONSTRUCTION / IMPROVEMENTS
4.1 AHBP shall be responsible for the design and maintenance of all projects which it
implements and shall submit all of its development and maintenance projects to COAH
prior to the implementation thereof for City approval. All development plans shall be
accompanied by specifications prepared in consultation with an engineer, architect or
landscape architect, which plans shall include, but not be limited to, the proposed location
of improvements, proposed materials, proposed structures and proposed dimensions.
AHBP shall obtain any flood plain permits required by the City Flood Plain Regulations.
4.2 AHBP shall submit for approval to the City to install portable storage facilities. Facilities
under review shall be designed or anchored to prevent movement during flooding and no
net rise in flood levels.
4.3 AHBP may, but shall not be required to, install, construct or maintain, with City approval,
any restroom facilities for those using the Bike Park and associated trails. The use of
portable restrooms shall follow City event permit guidelines.
4.4 AHBP will comply with the City of San Antonio’s tree preservation ordinance, to protect
and preserve any heritage trees, shrubs or other protected species defined by COSA and/or
COAH located on the Property, with the input and assistance on identifying such from the
City of Alamo Heights.
4.5 AHBP shall coordinate any proposed work on the Bike Park with the Bark Park of Alamo
Heights, Inc. and Alamo Heights Independent School District, to ensure shared access is
not impeded.
4.6 Stages of Development.
a. Stage 1. The first stage of the Bike Park is proposed to be immediate access to the
4
Attachment B
Property for bike access, to allow users to ride and determine best placement of trails
and natural features.
b. Stage 2. The second stage of the Bike Park is proposed to be the development and
improvement, to the extent allowed by law and ordinance, of the Property, of trails
consistent with Appendix B. The riding surface shall be natural trails for bike use with
no jumps, ramps, berms or constructed riding features.
c. Stage 3. The third stage of the Bike Park is proposed to be the development and
improvement of additional trails and features and expansion into land adjacent to the
Property. Expansion or modification of the Demised Premises would require an
amendment to this MOU.
4.7 AHBP shall pay all charges for electricity, natural gas, water, sewer, and other utilities
furnished to the Demised Premises, as well as any maintenance charges therefor. City shall
connect and install a tap line (lateral line) from a City water main to the Demised Premises
property/boundary line ending with a water meter, all at City expense and provide Solid
Waste Pickup on a regular weekly schedule.
4.8 Any permanent improvements made to the Project site shall become the property of the
City upon termination of the lease or other land-use agreement unless the City requires the
removal of some or all of such permanent improvements, in which case the AHBP shall
remove such improvements as required by the City.
5. OBLIGATIONS OFAHBP
5.1 AHBP will seek funding for its development and maintenance projects through various
sources, such as grants, sponsorships, donations and fundraisers. The City shall have no
claim against funds raised by AHBP for its projects and if AHBP dissolves, any remaining
funds of AHBP shall be disbursed in accordance with the Certificate of Formation of
AHBP, its Bylaws, and the Texas Business Organizations Code.
5.2 AHBP shall keep the Demised Premises in good repair and shall make all needed repairs
and replacements at AHBP’s sole cost and expense. AHBP shall keep the premises clean
of all trash, litter, and debris. AHBP shall arrange for City-approved trash receptacles at
AHBP’s expense in designated areas in the Demised Premises, to be picked up from City-
designated area on a regular weekly schedule by the City’s Solid Waste program, pursuant
to Section 6.4.
5.3 AHBP shall be responsible for maintenance and removal of organic debris and construction
material from the Demised Premises, consistent with Section 4.4. Requests for debris pick
up with the City’s Solid Waste program shall be made in advance, and agreement for
removal may be on a case by case basis.
5.4 AHBP shall obtain and maintain insurance coverage from a reputable provider. Insurance
coverage shall be consistent with the use and intensity of the Demised Premises’ trails
5
Attachment B
described in Appendix B. The riding surface shall consist of natural trails for bike use with
no jumps, ramps, berms or constructed riding features.
5.5 TO THE FULLEST EXTENT PERMITTED BY LAW, AHBP SHALL INDEMNIFY
AND HOLD HARMLESS CITY AND ITS OFFICERS, EMPLOYEES, AGENTS
AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,
AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND
CHARGES OF ATTORNEYS AND OTHER PROFESSIONALS AND ALL COURT
OR MEDIATION OR OTHER DISPUTE RESOLUTION COSTS) DIRECTLY
CAUSED BY AHBP UNDER THISMOU.
6. OBLIGATIONS OFCITY
6.1 Contingent upon annual City Council funding appropriations, City may endeavor to
provide financial assistance and City resource support, in accordance with the City’s
budget for parks and recreation purposes, to assist AHBP in its development efforts.
AHBP acknowledges that the City has ultimate authority to control City resources and
assets so that all development and enhancement of such resources and assets is subject
to City approval.
6.2 City shall not impose any payments, charges or fees on AHBP for the use of Property
for the Bike Park.
6.3 City shall provide public safety services to the Property in the same manner and with
the same level of service provided to other public areas of the City.
6.4 City agrees to collect and dispose of trash generated by AHBP projects from collection
sites designated by the City. City may, but is not obligated to, pick up construction or
organic debris from the Demised Premises on a case by case basis, provided prior
approval is granted to AHBP.
6.5 City agrees to notify residential neighbors of the Bike Park of its consideration of
development and maintenance plans submitted by AHBP for approval by the City as
required by City Code.
6.6 City agrees to consult with AHBP on any City activities or projects within or directly
related to the Bike Park and associated trails before such activities or projects are decided
or acted upon. The City will make a reasonable attempt to notify AHBP before making
necessary emergency repairs to utilities on or near Demised Premises.
7 City agrees to grant AHBP the right to install instructional and wayfinding signage at the
entrance to the Bike Park advising the public of the hours the Bike Park may be used,
parking restrictions, disclaiming liability of AHBP and the City for use of the Bike Park,
and other matters deemed important to AHBP, subject to City approval.
6
Attachment B
7. ASSIGNMENT
7.1 AHBP shall not assign this MOU without the prior written consent of City. Any
assignment without such permission shall constitute a material breach of this MOU.
8. DEFAULT ANDTERMINATION
8.1 If AHBP fails to comply with any material provision of this MOU and does not cure
such failure within thirty (30) days after written notice thereof from the City or AHBP
commits any other material breach of this MOU, the City may declare this MOU and
all rights created by it to be terminated.
8.2 Either Party may terminate this MOU without cause by providing one hundred and
eighty (180) days written notice to the other Party.
9. MISCELLANEOUS PROVISIONS
9.1 This contract is to be governed by the laws of the State of Texas and venue for any
legal proceedings under shall be in Bexar County, Texas.
9.2 Notices to City under this MOU shall be sent to:
City Manager
City of AlamoHeights
6116 Broadway
Alamo Heights, Texas78209
9.3 Notices to AHBP under this MOU shall be sent to:
Board Member
Alamo Heights Bike Park, Inc
622 Castano Avenue
Alamo Heights, Texas 78209
9.4 Either Party may change its address to receive notices by giving written notice of
such change to the other Party.
9.5 No amendment, modification or alteration of the terms of this MOU shall be binding
unless the same is in writing and duly executed by the Parties hereto.
9.6 No provision of this Agreement shall operate as binding precedent on any other
agreement between COAH and AHBP related to the subject matter herein.
7
Attachment B
EXECUTED this _______ day of [•].
CITY OF ALAMO HEIGHTS
By: ______________________
Name: Buddy Kuhn
Title: City Manager
ALAMO HEIGHTS BIKE PARK, INC.
By: ______________________
Name:
8
Attachment B
Appendix A
“The Property”
[survey to be included in PDF document]
9
Attachment B
Appendix B
“Preliminary Conceptual Design”
[survey to be included in PDF document]
(E) ALAMO HEIGHTS
BARK PARK
(E) PARKING LOT
BIKE PARK
BOUNDARY
ALAM
O
HEIG
HTS
BLVD.
(E) ALAMO HEIGHTS
LITTLE LEAGUE
-- EXISTING TREE SIZES AND LOCATIONS ARE DIAGRAMMATIC
IN NATURE.
-- PROPERTY BOUNDARY AND FEATURES PER CITY PROVIDED
SURVEY DATED 6/3/2021.
GENERAL NOTES:
-- EXISTING TREES TO REMAIN EXCEPT THOSE AS APPROVED
IN TREE REMOVAL PERMIT TO FACILITATE TRAILS.
-- TRAIL LOCATIONS BASED ON ROUGH GPS COORDINATES -
TO BE REFINED / MARKED / CLEARED AS NEEDED ON SITE.
(E) FENCE TO REMAIN
(DASH LINE)
PRIMARY
ENTRANCE
SECONDARY
ENTRANCE
ENTRY AREA
AREA TO REMAIN FOR BARK PARK DESPITE
BEING OVER PROPERTY LINE (HATCH)
(E) FENCE TO REMAIN
(DASH LINE)
START AREA
RE
TU
RN
PAT
H
BEGINNER
ZONE
ADVANCED TRAIL
SYMBOL LEGEND:
INTERMEDIATE TRAIL
BEGINNER TRAIL
PARK ENTRANCE / EXIT
FUTURE SPLIT-RAIL (OR SIMILAR)
FENCE AROUND PROPERTY
NORTH
ALAMO HEIGHTS BIKE PARK
SCALE: 1” = 20’ (24”X36” PAPER)
CONCEPT PLAN
DATE: 12/27/2021
230 JONES MALTSBERGER RD., SAN ANTONIO, TX 78209
NOT FOR CONSTRUCTION: DESIGN IS CONCEPTUAL IN NATURE AND SUBJECT TO CHANGE
10
Attachment B
Appendix C
“Operating Rules”
 Riding in the park is only permitted if you wear helmet and protective equipment is strongly
recommended.
 The first ride should be intended for getting to know the tracks and their obstacles.
 Do not stop at a point where you are not visible for other persons or where you block the way.
 Ride on designated and marked trails only. Do not cut switchbacks.
 Ride of the trails that are suitable for your skill level.
 If you encounter a stretch of trail that is beyond your ability, walk your bike until you reach a
section you’re comfortable riding.
 Keep off all closed trails and closed areas. Observe and obey all signs and warnings.
 Do not use the park or ride on the terrain if your ability is impaired through the use of alcohol
or drugs.
 Bike use only.
 No hiking or motorized vehicles
 Be kind. Help others. Have fun.

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Item # 4 Alamo Heights Bike Park

  • 1. CITY OF ALAMO HEIGHTS ADMINISTRATION DEPARTMENT CITY COUNCIL AGENDA MEMORANDUM TO: Mayor and City Council FROM: Phil Laney, Assistant City Manager SUBJECT: Consideration of an Ordinance authorizing the City Manager to execute a Memorandum of Understanding with Alamo Heights Bike Park, Inc. to create the Alamo Heights Bike Park at 230 Jones Maltsberger DATE: January 10, 2022 SUMMARY Discussion and possible action approving an Ordinance to authorize the City Manager to execute a Memorandum of Understanding with Alamo Heights Bike Park, Inc. to create the Alamo Heights Bike Park at 230 Jones Maltsberger. BACKGROUND INFORMATION As a result of an increase of bike activity on the Hondondo Creek Trails, and the installation of jump ramps along the trails, the City was asked to explore the creation of an official and separate Bike Park. Discussion of options for appropriate locations began in June 2020 and continued with the community group, Alamo Heights Bike Park 501(c)(3), which was created as a result of this request. Staff and the Alamo Heights Bike Park (AHBP) board members discussed several locations for a potential bike park: 1) the northwestern portion of Hondondo Trails, 2) property north of the Bark Park and south of Corona between St. Luke’s Lane and La Jara/Alamo Heights Boulevard, and 3) between the Bark Park and the Alamo Heights ISD Baseball Field at the northeast corner of Alamo Heights Boulevard and Jones Maltsberger Rd. On February 8, 2021, City Council selected the third location, 230 Jones Maltsberger, located between the Bark Park and Baseball Field, as the site for the proposed Bike Park. Staff was directed to work with AHBP to establish a Memorandum of Understanding (MOU), property survey, land cleaning, and any other necessary costs within budget. Due to the COVID-19 pandemic, a temporary location was sought for use during the winter break of 2020 while a permanent site and agreement could be reached. At the December 14, 2020 City Council meeting, a temporary location for the bike park was approved utilizing the parking lot north of the Bark Park. This temporary location was approved for use through February 8, 2021. City Council extended the temporary license agreement on February 8, 2021 through March 19, 2021. Since March 19, 2021 there has not been a temporary location in place.
  • 2. The proposed site selected by City Council on February 8, 2021, located at 230 Jones Maltsberger, sits on land owned by the City of San Antonio and leased to the City. The City of Alamo Heights originally entered into a Lease Agreement with the City of San Antonio on April 24, 1947 for the property located in the Olmos Basin area. On November 3, 1987, the City exercised its unilateral right to extend the term of the Master Lease an additional 40 years to April 30, 2027. The Master Lease was further extended on March 1, 2018 to extend the lease term to 2058 with possible extension of the lease to February 28, 2098. On September 20, 2021, approval was granted by the City of San Antonio to improve the designated property to construct a Bike Park. The City has been engaged in due diligence proceedings since City Council selected the site of the proposed Bike Park in February 2021. The following actions have been taken:  Ensured the ability of AHBP to secure and cover the expenses associated with liability coverage for the first year of operations,  Surveyed the selected property and identified metes and bounds, and  Coordinated with the City of San Antonio for permission to use the site for recreational purposes and obtained permits to clear portions of the property to make natural surface trails. The proposed Memorandum of Understanding (MOU) under consideration would allow for Alamo Heights Bike Park to create a Bike Park at 230 Jones Maltsberger, between the Bark Park and the Alamo Heights ISD Baseball Field at the northeast corner of Alamo Heights Boulevard and Jones Maltsberger Rd. The Bike Park may contain features intended to provide bicycle users with skill development and recreational opportunities, including natural surface trails with no jumps, ramps, berms or constructed riding features. The MOU would be in effect for a 10 year term, with renewal periods thereafter. The MOU defines three (3) stages of development for the Bike Park, contingent on funding raised by AHBP: 1. The first stage is immediate access to the property for bike access, to allow users to ride and determine best placement of trails and natural features. 2. The second stage is the creation of the natural surface trails for bike use with no jumps, ramps, berms or constructed riding features. 3. The third stage is proposed to be development and improvement of additional trails and features, and possible expansion into land adjacent to the property. Expansion or modification to the property or the natural trails would require an amendment to this MOU. Future development of the Bike Park, to include possible construction of jumps, ramps, berms or constructed riding features, or any other expansion or addition of Bike Park facilities, would require an amendment to this MOU. The MOU provides that the Bike Park’s hours of operation shall be between dawn to dusk with no use allowed after dusk. The Bike Park’s operations shall be compatible with the quiet use and enjoyment of adjacent landowner’s rights. The perimeter of the Bike Park may be marked either by the existing fence of the adjacent Bark Park, or by a future fence of split-rail or similar materials that will be submitted to the City for approval.
  • 3. AHBP’s responsibilities will include the design and maintenance of all projects and the general premises, which must comply with City requirements and, if necessary, City of San Antonio requirements. In order to create the initial trail system, the City has agreed to fund the removal of organic debris in accordance with the City of San Antonio’s tree preservation ordinance. AHBP shall pay all charges for electricity, natural gas, water, sewer and other utilities provided to the Bike Park. The City agrees to provide Solid Waste pickup on a regular weekly schedule from designated collection sites. POLICY ANALYSIS The Ordinance to allow the City Manager to execute a Memorandum of Understanding with AHBP to create a Bike Park is consistent with the City’s efforts to provide quality recreational services to the citizens of Alamo Heights and the City of San Antonio per the terms of the City’s lease agreement. FISCAL IMPACT This Ordinance will have no fiscal impact on the City of Alamo Heights. Improvements to the site, including expenses incurred by the City, will be within amounts budgeted in the FY 2022 Adopted Budget. COORDINATION Staff coordinated with the City Attorney and City Manager to review the proposed insurance obtained by AHBP and the Memorandum of Understanding. ATTACHMENTS Attachment A – Ordinance Attachment B – Memorandum of Understanding with AHBP _______________________ Phil Laney Assistant City Manager ______________________ Buddy Kuhn City Manager
  • 4. 1 Attachment B MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ALAMO HEIGHTS AND ALAMO HEIGHTS BIKE PARK, INC. This Memorandum of Understanding (“MOU”) is hereby made and entered into this _____ day of ________, 2022 by and between the CITY OF ALAMO HEIGHTS (hereinafter referred to as “City” or “COAH”), a Texas municipal corporation, acting by and through its City Manager, pursuant to City Council action on February 8, 2021, and ALAMO HEIGHTS BIKE PARK, INC., (hereinafter referred to as “AHBP”), a Texas 501(c)(3) non-profit corporation. COAH and AHBP are sometimes referred to in this Agreement collectively as the “Parties” and individually as a “Party.” WITNESSETH: WHEREAS, AHBP is a 501(c)(3) Texas non-profit corporation for the purpose of providing a safe and inclusive place for the community to ride bikes and build confidence, fitness and skills, through bike riding and trail building in the City of Alamo Heights; and WHEREAS, the City and AHBP previously agreed to utilize the overflow parking lot for the dog park operated by the Bark Park of Alamo Heights, Inc. (“Bark Park”) as a temporary location for a bike park to be used exclusively for recreational purposes for the benefit of the citizens of Alamo Heights and the surrounding communities (“Temporary Bike Park”); WHEREAS, on February 8, 2021, the City of Alamo Heights unanimously approved to move forward with establishing a permanent bike park (“Bike Park”) in the area described more fully in Exhibit A hereto (hereinafter, the “Property”). NOW THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Parties hereby agree to the following: 1. DEFINITIONS 1.1 “City”: CITY OF ALAMO HEIGHTS 1.2 “City’s Address”: 6116 Broadway Alamo Heights, TX 78209 1.3 “Bike Park”: THE ALAMO HEIGHTS BIKE PARK, INC. 1.4 “Bike Park’s Address: 230 Jones Maltsberger
  • 5. 2 Attachment B 1.5 “Demised Premises”: The properties described in the attached Exhibit A, with the non-exclusive right of use, for ingress and egress purposes, of surrounding properties. 1.6 “Lease Term”: 10-year term, with renewal periods thereafter consistent with term of lease between City of San Antonio (COSA) and COAH, effective as of the date hereof through January 9, 2032, which term may be extended upon mutual agreement of the Parties. 1.7 “Permitted Use”: Defined in Section 3. 1.8 “City of San Antonio Lease” The Lease Agreement dated April 24th, 1947, between the City of Alamo Heights and the City of San Antonio for the Olmos Basin. APPENDICES AND EXHIBITS Appendix A – The Property Appendix B – Preliminary Conceptual Design Appendix C – Operating Rules 2. STRUCTURE OF AHBP 2.1 AHBP is a 501(c)(3) non-profit corporation and shall maintain such status during the term of this MOU. If the status of AHBP changes during the term of this MOU, AHBP shall promptly notify City of such change. 2.2 AHBP shall inform COAH of the names and addresses of its officers and members annually. 2.3 The Assistant City Manager of City shall serve as the liaison of the City to the Board of Directors of AHBP. 3. TERMS OF USE OF PROPERTY 3.1 The City agrees to lease or otherwise make available to AHBP the Demised Premises consistent with the terms of use specified herein, so that AHBP can create a bike park containing features intended to provide users with skill development and recreational opportunities (including natural surface trails with no jumps, ramps, berms or constructed riding features) consistent with applicable law, ordinances, and the City of San Antonio Lease. AHBP is also authorized to conduct community gatherings and fund-raising activities designed to benefit and further the purposes and objectives of AHBP, so long as such activities are compatible with the uses of the Property authorized herein and City
  • 6. 3 Attachment B event permits are obtained beforehand, if applicable. 3.2 The Bike Park’s hours of operation shall be between dawn to dusk with no use allowed after dusk. The Bike Park’s operations shall be compatible with the quiet use and enjoyment of adjacent landowner’s rights. 3.3 Contingent on financing and land-use requirements, AHBP will delineate the Property’s boundaries to users and secure access to the Property. AHBP is authorized to install fencing to secure such access, contingent upon City review and approval. 3.4 AHBP and City shall develop and agree to suitable operating rules, which shall be added as Appendix C. 3.5 The City’s Sign Regulations shall apply to the moveable and non-moveable or permanent signs on the Demised Premises. 4. CONSTRUCTION / IMPROVEMENTS 4.1 AHBP shall be responsible for the design and maintenance of all projects which it implements and shall submit all of its development and maintenance projects to COAH prior to the implementation thereof for City approval. All development plans shall be accompanied by specifications prepared in consultation with an engineer, architect or landscape architect, which plans shall include, but not be limited to, the proposed location of improvements, proposed materials, proposed structures and proposed dimensions. AHBP shall obtain any flood plain permits required by the City Flood Plain Regulations. 4.2 AHBP shall submit for approval to the City to install portable storage facilities. Facilities under review shall be designed or anchored to prevent movement during flooding and no net rise in flood levels. 4.3 AHBP may, but shall not be required to, install, construct or maintain, with City approval, any restroom facilities for those using the Bike Park and associated trails. The use of portable restrooms shall follow City event permit guidelines. 4.4 AHBP will comply with the City of San Antonio’s tree preservation ordinance, to protect and preserve any heritage trees, shrubs or other protected species defined by COSA and/or COAH located on the Property, with the input and assistance on identifying such from the City of Alamo Heights. 4.5 AHBP shall coordinate any proposed work on the Bike Park with the Bark Park of Alamo Heights, Inc. and Alamo Heights Independent School District, to ensure shared access is not impeded. 4.6 Stages of Development. a. Stage 1. The first stage of the Bike Park is proposed to be immediate access to the
  • 7. 4 Attachment B Property for bike access, to allow users to ride and determine best placement of trails and natural features. b. Stage 2. The second stage of the Bike Park is proposed to be the development and improvement, to the extent allowed by law and ordinance, of the Property, of trails consistent with Appendix B. The riding surface shall be natural trails for bike use with no jumps, ramps, berms or constructed riding features. c. Stage 3. The third stage of the Bike Park is proposed to be the development and improvement of additional trails and features and expansion into land adjacent to the Property. Expansion or modification of the Demised Premises would require an amendment to this MOU. 4.7 AHBP shall pay all charges for electricity, natural gas, water, sewer, and other utilities furnished to the Demised Premises, as well as any maintenance charges therefor. City shall connect and install a tap line (lateral line) from a City water main to the Demised Premises property/boundary line ending with a water meter, all at City expense and provide Solid Waste Pickup on a regular weekly schedule. 4.8 Any permanent improvements made to the Project site shall become the property of the City upon termination of the lease or other land-use agreement unless the City requires the removal of some or all of such permanent improvements, in which case the AHBP shall remove such improvements as required by the City. 5. OBLIGATIONS OFAHBP 5.1 AHBP will seek funding for its development and maintenance projects through various sources, such as grants, sponsorships, donations and fundraisers. The City shall have no claim against funds raised by AHBP for its projects and if AHBP dissolves, any remaining funds of AHBP shall be disbursed in accordance with the Certificate of Formation of AHBP, its Bylaws, and the Texas Business Organizations Code. 5.2 AHBP shall keep the Demised Premises in good repair and shall make all needed repairs and replacements at AHBP’s sole cost and expense. AHBP shall keep the premises clean of all trash, litter, and debris. AHBP shall arrange for City-approved trash receptacles at AHBP’s expense in designated areas in the Demised Premises, to be picked up from City- designated area on a regular weekly schedule by the City’s Solid Waste program, pursuant to Section 6.4. 5.3 AHBP shall be responsible for maintenance and removal of organic debris and construction material from the Demised Premises, consistent with Section 4.4. Requests for debris pick up with the City’s Solid Waste program shall be made in advance, and agreement for removal may be on a case by case basis. 5.4 AHBP shall obtain and maintain insurance coverage from a reputable provider. Insurance coverage shall be consistent with the use and intensity of the Demised Premises’ trails
  • 8. 5 Attachment B described in Appendix B. The riding surface shall consist of natural trails for bike use with no jumps, ramps, berms or constructed riding features. 5.5 TO THE FULLEST EXTENT PERMITTED BY LAW, AHBP SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, EMPLOYEES, AGENTS AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ATTORNEYS AND OTHER PROFESSIONALS AND ALL COURT OR MEDIATION OR OTHER DISPUTE RESOLUTION COSTS) DIRECTLY CAUSED BY AHBP UNDER THISMOU. 6. OBLIGATIONS OFCITY 6.1 Contingent upon annual City Council funding appropriations, City may endeavor to provide financial assistance and City resource support, in accordance with the City’s budget for parks and recreation purposes, to assist AHBP in its development efforts. AHBP acknowledges that the City has ultimate authority to control City resources and assets so that all development and enhancement of such resources and assets is subject to City approval. 6.2 City shall not impose any payments, charges or fees on AHBP for the use of Property for the Bike Park. 6.3 City shall provide public safety services to the Property in the same manner and with the same level of service provided to other public areas of the City. 6.4 City agrees to collect and dispose of trash generated by AHBP projects from collection sites designated by the City. City may, but is not obligated to, pick up construction or organic debris from the Demised Premises on a case by case basis, provided prior approval is granted to AHBP. 6.5 City agrees to notify residential neighbors of the Bike Park of its consideration of development and maintenance plans submitted by AHBP for approval by the City as required by City Code. 6.6 City agrees to consult with AHBP on any City activities or projects within or directly related to the Bike Park and associated trails before such activities or projects are decided or acted upon. The City will make a reasonable attempt to notify AHBP before making necessary emergency repairs to utilities on or near Demised Premises. 7 City agrees to grant AHBP the right to install instructional and wayfinding signage at the entrance to the Bike Park advising the public of the hours the Bike Park may be used, parking restrictions, disclaiming liability of AHBP and the City for use of the Bike Park, and other matters deemed important to AHBP, subject to City approval.
  • 9. 6 Attachment B 7. ASSIGNMENT 7.1 AHBP shall not assign this MOU without the prior written consent of City. Any assignment without such permission shall constitute a material breach of this MOU. 8. DEFAULT ANDTERMINATION 8.1 If AHBP fails to comply with any material provision of this MOU and does not cure such failure within thirty (30) days after written notice thereof from the City or AHBP commits any other material breach of this MOU, the City may declare this MOU and all rights created by it to be terminated. 8.2 Either Party may terminate this MOU without cause by providing one hundred and eighty (180) days written notice to the other Party. 9. MISCELLANEOUS PROVISIONS 9.1 This contract is to be governed by the laws of the State of Texas and venue for any legal proceedings under shall be in Bexar County, Texas. 9.2 Notices to City under this MOU shall be sent to: City Manager City of AlamoHeights 6116 Broadway Alamo Heights, Texas78209 9.3 Notices to AHBP under this MOU shall be sent to: Board Member Alamo Heights Bike Park, Inc 622 Castano Avenue Alamo Heights, Texas 78209 9.4 Either Party may change its address to receive notices by giving written notice of such change to the other Party. 9.5 No amendment, modification or alteration of the terms of this MOU shall be binding unless the same is in writing and duly executed by the Parties hereto. 9.6 No provision of this Agreement shall operate as binding precedent on any other agreement between COAH and AHBP related to the subject matter herein.
  • 10. 7 Attachment B EXECUTED this _______ day of [•]. CITY OF ALAMO HEIGHTS By: ______________________ Name: Buddy Kuhn Title: City Manager ALAMO HEIGHTS BIKE PARK, INC. By: ______________________ Name:
  • 11. 8 Attachment B Appendix A “The Property” [survey to be included in PDF document]
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  • 15. 9 Attachment B Appendix B “Preliminary Conceptual Design” [survey to be included in PDF document]
  • 16. (E) ALAMO HEIGHTS BARK PARK (E) PARKING LOT BIKE PARK BOUNDARY ALAM O HEIG HTS BLVD. (E) ALAMO HEIGHTS LITTLE LEAGUE -- EXISTING TREE SIZES AND LOCATIONS ARE DIAGRAMMATIC IN NATURE. -- PROPERTY BOUNDARY AND FEATURES PER CITY PROVIDED SURVEY DATED 6/3/2021. GENERAL NOTES: -- EXISTING TREES TO REMAIN EXCEPT THOSE AS APPROVED IN TREE REMOVAL PERMIT TO FACILITATE TRAILS. -- TRAIL LOCATIONS BASED ON ROUGH GPS COORDINATES - TO BE REFINED / MARKED / CLEARED AS NEEDED ON SITE. (E) FENCE TO REMAIN (DASH LINE) PRIMARY ENTRANCE SECONDARY ENTRANCE ENTRY AREA AREA TO REMAIN FOR BARK PARK DESPITE BEING OVER PROPERTY LINE (HATCH) (E) FENCE TO REMAIN (DASH LINE) START AREA RE TU RN PAT H BEGINNER ZONE ADVANCED TRAIL SYMBOL LEGEND: INTERMEDIATE TRAIL BEGINNER TRAIL PARK ENTRANCE / EXIT FUTURE SPLIT-RAIL (OR SIMILAR) FENCE AROUND PROPERTY NORTH ALAMO HEIGHTS BIKE PARK SCALE: 1” = 20’ (24”X36” PAPER) CONCEPT PLAN DATE: 12/27/2021 230 JONES MALTSBERGER RD., SAN ANTONIO, TX 78209 NOT FOR CONSTRUCTION: DESIGN IS CONCEPTUAL IN NATURE AND SUBJECT TO CHANGE
  • 17. 10 Attachment B Appendix C “Operating Rules”  Riding in the park is only permitted if you wear helmet and protective equipment is strongly recommended.  The first ride should be intended for getting to know the tracks and their obstacles.  Do not stop at a point where you are not visible for other persons or where you block the way.  Ride on designated and marked trails only. Do not cut switchbacks.  Ride of the trails that are suitable for your skill level.  If you encounter a stretch of trail that is beyond your ability, walk your bike until you reach a section you’re comfortable riding.  Keep off all closed trails and closed areas. Observe and obey all signs and warnings.  Do not use the park or ride on the terrain if your ability is impaired through the use of alcohol or drugs.  Bike use only.  No hiking or motorized vehicles  Be kind. Help others. Have fun.