Commission recommends council approve landscape agreement with Heavy 2 LLC for Keene Road Trail; asks for maintenance bond

On May 8 the Parks and Recreation Commission voted to recommend City Council approve a revocable license and construction and maintenance agreement with Heavy 2 LLC for landscape improvements adjacent to the Keene Road Trail at the corner of Keene Road and Queensgate Drive (near 999 Queens Gate Drive). The motion included language asking staff to include a maintenance bond; Vice Chair Gutierrez made the motion and Commissioner Jones seconded it as announced by the chair. The commission recorded the motion as carried.

Background and proposed improvements: Director Waite summarized that the city's Keene Road Trail plan envisions a wider trail corridor with a buffer between the trail and adjacent development. Heavy 2 LLC proposed using a strip of city-owned parkland between the trail and development to satisfy landscaping requirements for its commercial site. The developer's plan, as presented to staff and the commission, includes small trees and shrubs along the property line, two concrete seating paths, a short pedestrian connection from the trail into the development, and a rock-mulch groundcover in parts of the bed.

Waite said the agreement would authorize Heavy 2 LLC to construct the improvements and place full responsibility for maintenance and irrigation on the company. The license would be non-exclusive and revocable; if the agreement were terminated the improvements would become city property and the city would not be required to compensate the developer. Staff noted the current draft in the packet did not include a maintenance bond and asked the commission for direction on whether to require one.

Commission concerns and staff response: Commissioners raised the possibility that a maintenance bond or other financial guarantee would protect taxpayers if ownership or responsibility changed hands. Waite said staff would prefer not to make the recommendation contingent on a finalized bond amount at the commission level because the city and the developer still needed to negotiate terms; she advised the commission that staff would pursue negotiations and could return to the commission if the parties cannot reach agreement.

Other context: Waite said the city holds at least three prior agreements of this type farther east on the Keene Road corridor and described them as functioning under the same model for landscaping and maintenance. Commissioners also noted the developer had previously received a parks partnership award in 2023 that ended without contract utilization when the developer was not ready to proceed; staff confirmed no grant funds were disbursed.

Ending: The commission recommended council approve the agreement and requested staff pursue a maintenance bond in negotiations; staff said it would return to the commission or council if a material change to the agreement emerges during negotiations.