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03-24-2009 (City Council) Agenda Packet Wylie City Council CITY O WYLIE NOTICE OF MEETING March 24, 2009 — 7:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Proclamation for "Student Government Day 2009" • Recognition of employees celebrating 20 years of service to the City of Wylie (L. Fagerstrom, Human Resources Manager) March 24,2009 Wylie City Council Regular Meeting Agenda Page 2 of 3 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the March 10, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Replat for Premier Industrial Park North, Block A, Lots 3A-1 and 3A-2, creating two commercial lots generally located on the northwest corner of Sanden Road and Hensley Lane. (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2009-10(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie, Texas, the City of Bedford, Texas and other municipal signatories of a cooperative purchasing program. (R Corbin, Fire Chief) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of February 28, 2009. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 28, 2009. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, approval of the withdrawal of a Residential Replat for Stone Circle Townhomes, Block A, Lots 1-6 creating 6 single family attached lots, generally located north of Stone Circle and 120 feet east of Birmingham Street. (R. 011ie, Planning Director) Executive Summary The applicant has requested to withdraw this replat for consideration at this time due to unforeseen circumstances. This residential replat is a public hearing item and required notices have been adhered to accordingly with State Law. However, due to posting and advertisement requirement; action on the replat by the Commission must be taken. Planning Commission approved 4-0 to accept the applicant's request to withdraw the replat. March 24,2009 Wylie City Council Regular Meeting Agenda Page 3 of 3 General Business 2. Consider, and act upon, an amendment to the Service Contract between the City of Wylie and National Sign Plazas, Inc. to allow kiosk panels to be increased to 15" in height in lieu of 12" as required by the contract. (R. 011ie, Planning Director) Executive Summary The City of Wylie entered into a service contract with National Sign Plazas to provide kiosk plazas within rights-of-way in accordance with Sign Ordinance No. 2008-33 adopted July 22,2008. Several kiosk plazas are currently placed throughout the city in accordance with the approved plaza location map. The current panels are installed at a height of 10.5 inches that allowed a font size of 8 inches. This request is seeking approval for a 15 inch panel that would permit a font size of 13 inches This revision would allow better visibility and readability of the panels. 3. Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase approximately 0.397 acre from Crossroads Management IV, Ltd. for approximately $146,880 with the subject property located near the southeast corner of F.M. 544 and Regency Drive. (S. Satterwhite, Executive Director, WEDC) Executive Summary On March 17, 2009, the WEDC entered into a contract with Crossroads Management to purchase ±0.397 acre out of a 1 acre tract owned by Crossroads. The subject property is adjacent and south of WEDC owned property fronting F.M. 544 between Regency Drive and Hooper Road. The remainder of the tract is to be retained by Crossroads and has existing self-storage units. The area to be purchased by the WEDC is occupied by an automobile body shop/garage. ADJOURNMENT CERTIFICATION I cert0;that this Notice of Meeting was posted on this 20`" day of March, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed � d Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: Presentation Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: February 4, 2009 Budgeted Amount: Exhibits: Subject Recognition of employees celebrating 20 years of service to the City of Wylie. Recommendation Discussion Two employees are celebrating 20 year service anniversaries with the City of Wylie: Lt. Mike Atkison, Police Department Lt. Atkison joined the City of Wylie on March 5, 1989 as a Patrol Officer. He was promoted to Patrol Sergeant on September 25, 1994 and later promoted to Administrative Lieutenant on July 10, 2007. Lt. Atkison has one son and will soon be a first time grandfather. Capt. Jeff Scribner, Fire Department Capt. Scribner joined the City of Wylie on March 20, 1989 as a Street Maintenance Worker. He was promoted to Warehouseman on November 6, 1989. On January 20, 1992 he was promoted to Firefighter and on October 6, 1997 he was promoted to Fire Captain. Capt. Scribner is the proud husband of Jerri and father of two daughters. Approved By Initial Date Department Director LF 2/4/09 City Manager fftfl' _ 3/74°C1 Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 10, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. "Mayor for the Day" Robert Brown and Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Interim Finance Director, Melissa Beard; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Jeff Denton, Pastor of Waterbrook Bible Fellowship in Wylie, Texas gave the invocation and "Mayor for the Day", Robert Brown, led the Pledge of Allegiance. PRESENTATION • Presentation to 4th Six Weeks Star Students — Character Trait of Trustworthiness." (Mayor Hogue/City Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Trustworthiness." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes—March 10, 2009 Wylie City Council Page 1 • Introduction of"Mayor for the Day"Robert Brown. Mayor Hogue announced that he was reading a Proclamation designating March 10, 2009 as Robert Brown, "Mayor for the Day." He reported that "Mayor" Robert Brown, is a straight A, fourth grader at Smith Elementary School. The school recently held a dinner and auction to raise money for playground equipment. One of the auction items was "Mayor for the Day." Robert and his family came in with the winning bid, which allowed Robert to become the "Mayor." The school raised over $7,000 dollars which will be matched by the school district for new playground equipment. On March 10, 2009 "Mayor" Brown was sworn into office by Mayor Eric Hogue in front of his fourth grade class mates. Mayor Hogue explained that earlier that afternoon Robert took a tour of Fire Station 3 and the Police Department. Robert had dinner with the city council and is assisting Mayor Hogue in leading the City Council meeting tonight. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There was no one present to address the Wylie City Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 24, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval and final acceptance of the Douglas Drive Drainage Improvements and authorize final payment to Tri-Con Services, Inc. in the amount of $4,578.00, and accept the project as complete. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda for March 10, 2009 as presented. A vote was taken and the motion passed 7- 0. REGULAR AGENDA Public Hearings 1. Conduct the second Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue. (R. 011ie, Planning Director) Minutes—March 10, 2009 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. Ms. 011ie reported that the final action for this ordinance will be considered on March 31, 2009 at a Special Called Meeting of the Wylie City Council. Public Hearing Mayor Hogue opened the second of two public hearings on this annexation at 7:15 p.m. asking anyone present wishing to speak on this item to come forward and limit their comments to three minutes. No one was present to address Council on this item. Mayor Hogue closed the public hearing at 7:15 p.m. No action was required on this item. Final consideration of the Ordinance annexing the property south of Martin Drive and east of South Ballard Avenue will be held at a Special Called City Council Meeting on March 31, 2009. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. (R. Diaz, Assist. Superintendent, Parks and Recreation) Staff Comments Parks and Recreation Assistant Superintendent Robert Diaz addressed Council stating that since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). He reported that all standards and policies within the proposed ordinance were in line with all legislation passed, to date. Public Hearing Mayor Hogue opened the public hearings regarding Ordinance No. 2009-08 — Standards of Care for Youth Programs at 7:17 p.m. asking anyone present wishing to speak on this item to come forward and limit their comments to three minutes. No one was present to address Council on this item. Mayor Hogue closed the public hearing at 7:17 p.m. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. A vote was taken and the motion passed 7-0. Minutes— March 10, 2009 Wylie City Council Page 3 General Business 3. Presentation and consider, and act upon, final recommendations from the Public Arts Advisory Board for the commissioning of an artist to create a work of Public Art for City of Wylie Fire Station#3. (C. Ehrlich, Public Arts Advisory Board Liaison) Staff Comments PAAB staff coordinator Ehrlich addressed Council stating that the Public Art for Fire Station #3 is the first public art project the City of Wylie will complete. Fire Station #3 is a CIP Project of which $34,625 has been set aside for Public Art. Art Consultant Sharon Leeber, hired by the Public Arts Advisory Board (PAAB) to assist in the selection process, was part of the "limited competition" call for artists that went out in November of 2008. The budget for this call was set at$25,000 to reserve funding for consulting, future maintenance and a contingency for unforeseen costs. The Public Arts Advisory Board solicited stakeholder participation through e-mails and from interested citizens to nominate the Fire Station #3 art selection panel (ASP). Panel members serving on this selection panel are: Raymond Cooper, long time citizen of Wylie; Randy Corbin, Fire Chief; Nicole House, Wylie Elite Studio for Kids; Patsy Robertson, Public Art Advisory Board representative; and Mackllyn Stripling Henderson, Wylie High School Arts Director. Architect Doug Edney, representing Wiginton Hooker Jeffry was an ex-officio member of this panel. Ehrlich explained that tonight the Wylie City Council will approve the final artist(s) to collaborate with the Wylie Fire Department to create a maquette/design drawing that will be completed and presented to the ASP and PAAB and finally approved by the City Council along with a contract to commission the art. The timeline for the presentation of the final maquette/design drawing will be within 6-8 weeks and final fabrication and installation should be completed this year in honor of the 100th Anniversary of the Wylie volunteer/Fire Department. Art Consultant/Artist Comments Art Consultant Sharon Leeber addressed Council stating that the limited call for artists was sent in early November, with call reminders in December 08 and January 09. She presented the call document and stated that it included the following areas: Cost to be included in the$25,000 budget for a work of art Artist Fee/Design Fee Artist Supervision of Site Prep Materials Insurance on self and piece during construction and installation Construction Installation Admin Expenses Mileage/Transportation Photography and Documentation Ms. Leeber reported that the Artist Selection Panel met on February 18, 2009 and chose Charlotte Lindsey and Larry Enge — Montage 48/61 as the first choice artists and Deborah Ballard as the second choice artist to be recommended to the Public Arts Advisory Board. On February 19, 2009 the PAAB members took action to recommend the same two artists to the Wylie City Council in the same order of preference. Art consultant Leeber presented each of the artists who gave a short presentation on their previous art work and processes along with general ideas of what they envisioned for this project. Minutes— March 10, 2009 Wylie City Council Page 4 Council Discussion Councilman Young asked Montage 48/61 if the mosaic pieces were embedded in the the or painted on. Charlotte Lindsey representing Montage 48/61 reported that the color was fired into the pieces making it a very permanent color tile. She reported that they only use tiles that are rated for exterior use. Councilman White commented that he really liked the mosaic art and thought the old photos of the volunteer fire department could be used in this process. Councilman Goss stated that he liked the mosaic art but felt the statue would add more for the budget than a wall of color through the mosaics. Councilwoman Spillyards reported that she believed the mosaic would be proposed as columns (2 or 3) within the art space not a wall. This would be completed through the collaboration with the fire department. Mayor Pro Tem Byboth stated that he liked the mosaic because he felt the art would show more of the "story." Councilman Young liked the mosaic with the vivid colors. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to choose Montage 48/61, Charlotte Lindsey and Larry Enge as the artists to create a design of public art work for City of Wylie Fire Station #3. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Porter and Councilman White voting for and Councilman Goss voting against. 4. Consider, and act upon, implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N. Plan utilizing funds from the 1999 Sidewalk Bond. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that with the adoption and implementation of the City of Wylie's Accountable Communities through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan Sidewalk Program. Ms. 011ie explained that for sidewalks to be considered for this program, they shall be located in the right- of-way and parallel to the street and must adhere to criteria set forth in the proposed Procedure for Sidewalk Installation/Repair. Commercial sites are not eligible for participation. Any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $379,235 from the 1999 Bond. She explained that staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation; the City of Wylie will provide a contractor to perform the necessary work. Planning Director 011ie reported that a material called RubberWay Flexible Sidewalks will be used in areas where tree roots have impeded the sidewalk but the tree is healthy and viable to the aesthetics of the streetscape. Rubberway is a flexible sidewalk material that is an environmentally friendly solution to cracked sidewalks. This material can be used in areas with large trees and will illuminate the need for tree removal. Ms. 011ie explained that in order for homeowners to have their properties considered as recipients for the program, each property owner must complete the following forms: Property Owner Application and a Right of Entry and Hold Harmless Agreement. Ms. 011ie explained that in the proposed process the homeowners would have to complete these forms prior to acceptance into this program. Minutes—March 10, 2009 Wylie City Council Page 5 Planning Director 011ie reported that Arborilogical Services conducted a survey of the Bostic Addition in an effort to determine which trees can or cannot be saved. Based on this survey 16 of the 38 trees located in the public right-of-way are recommended for removal. The following outlines the improvements proposed: • 3,520 square feet of existing sidewalks to be removed in right-of-way (ROW). • 7,840 square feet of sidewalks to be installed (new and replacement) in ROW. • 11 handicap ramps to be installed. • 1,500 square feet of Rubberway sidewalk product. She reported that the estimated cost for improvements including a 10% contingency is $113,000 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to approve the implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N Plan utilizing funds from the 1999 Sidewalk bond. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, approval of an Alternative Parking Agreement for 711 Business Way, Block 1, Lot 1OR of the 544 Industrial Park Addition. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting approval for special parking alternatives whereby the balance of required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council's review and approval for Shared Parking Alternatives. Lot 1 OR is a 15,000 square foot manufacturing facility with 82 parking spaces. In accordance with the current Zoning Ordinance this use requires 30 parking spaces. The attached parking agreement would allow Lot 5R, Majestic Ballroom, to share parking spaces with Lot 10R, Multi-Machine Company, Inc. The applicant has stated that the shared parking would afford them the required spaces needed to be in compliance with the ordinance as well as allow additional parking in the future if needed. Ms. 011ie reported that the agreement must be executed and filed with the county prior to a certificate of occupancy being issued. She explained that this agreement is tied to the tenants, not the land, therefore, if either tenant moves from these locations, the agreement would become void. Council Discussion Councilman Young stated that he was not in favor of approving these alternative parking agreements. He explained that this was the second in a very short time and there would be more. "Even though this is one parking space short, I believe we should disapprove." Mayor Pro Tem Byboth stated that although he could see this issue with the parking agreements, speaking as a business man, in this economy, he believed the city needed to bend and accommodate businesses where they could, to keep tax dollars for the city generating. Councilman Goss concurred stating that it was only one parking spot and the chance of many cars parked in the location at any one time was unlikely. Council Action A motion was made by Councilman Goss, seconded by Councilman Young to approve an Alternative Parking Agreement for 711 Business Way, Block 1 Lot 1OR of the 544 Industrial Park Addition. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, approval and final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc., in the amount of$262,933.57, and accept the project as complete. (C. Hoisted, City Engineer) Minutes— March 10, 2009 Wylie City Council Page 6 Staff Comments City Engineer Hoisted addressed Council stating that on October 9, 2007, a construction contract was awarded to Tri-Con Services, Inc. in the amount of$3,713,509.45 for paving and drainage improvements to Ballard Avenue from Stone Road to Alanis Drive. The project included reconstruction to a 4-lane concrete pavement section with related storm sewer improvements. The project also included the installation of an emergency traffic signal at Fire Station No. 1 and a 16-inch water line to serve the future 1.5 million gallon elevated storage tank located at Fire Station No. 1. Mr. Hoisted reported that all punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $3,600,639.52 which is a reduction of$112,869.93. He explained that the project was funded through the 1999 City of Wylie Bond Program ($2,600,000), the 1999 County Roadway Bond Program ($1,370,647), and water impact fees ($193,200). City Engineer Hoisted reported that one change order in the amount of $498,625.46 was approved on September 9, 2008 for the construction of the temporary detour on FM 1378 around the new City buildings. Approximately 2,750 square yards of permanent paving was installed with the detour project increasing the amount to $529,554.89. Councilman Goss asked about a lot south of Alanis on the east side that was previously grass but after the construction is now dirt. He asked if there were plans to reseed this field. Mr. Hoisted replied that this lot should have been reseeded and would make a note to reseed the lot. Mayor Pro Tem Byboth asked that the transition post construction be smooth. Mr. Hoisted replied that he would insure it was. He reported that the city had a two year warranty on the work completed and felt there would be some alterations made during that time period. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve the final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc. in the amount of $262,933.57 and accept the project as complete. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM3412 to FM2514. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Transportation Commission approved a minute order on November 20, 2008 releasing ownership and control of FM 3412 (Brown Street) from FM 1378 to Ballard Avenue. Ballard Avenue from Brown Street to SH 78 is still currently designated as FM 3412. He explained that TxDOT has requested that this portion of roadway be re-designated as FM 2514. The planning department has confirmed that the businesses along this portion of roadway use Ballard Avenue as their address. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM3412 to FM2514. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Ordinance No. 2009-09 establishing speed zones for Brown Street (FM 3412) from FM1378 to Ballard Avenue. (C. Hoisted, City Engineer) Minutes— March 10, 2009 Wylie City Council Page 7 Staff Comments City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on November 20, 2008. In February, 2009, Lee Engineering completed a speed zone study along Brown Street. Brown Street is currently a two-lane undivided roadway with no shoulders and is posted at 55 miles per hour at the west end near FM 1378. The spot speed data collected indicates that the 85th percentile speed is between 49 and 52 miles per hour and based on the data it is recommended that the posted speed limit along Brown Street be lowered to no greater than 50 miles per hour. The 85th percentile is the speed that separates the bottom 85% of vehicle speeds from the top 15%. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2009-09 establishing speed zones for Brown Street (FM 3412) from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program included $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included $900,000 for engineering and right of way acquisition for this project. The roadway alignment has been established and the right of way documents have been prepared by the engineer. Thirty seven parcels were identified for acquisition and thirty one parcels will be acquired for the project. Council Action A motion was made by Councilman White, seconded by Councilman Young to authorize the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, approval of a Consultant Services Agreement with Binkley & Barfield, Inc., in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2007 Collin County Roadway Bond Program included $4,149,375.00 for the design and construction of approximately 8,200 linear feet of 4-lane concrete pavement section with sidewalks on McMillen Road from McCreary Road to FM 1378. In October 2008, an Interlocal Agreement was executed between Collin County and the City of Wylie to release $500,000 to begin engineering services for the roadway. Another Interlocal Agreement will be presented next fiscal year for the release of the remaining engineering funds from Collin County. The Minutes— March 10, 2009 Wylie City Council Page 8 projected construction cost of the project is $9.9 million. The City of Wylie does not currently have matching funds for the project. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to approve a Consultant Services Agreement with Binkley & Barfield, Inc. in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. A vote was taken and the motion passed 7-0. 11. Consider, and act upon, approval of a Professional Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600, for the design of the expansion of Ballard Avenue from Alanis Drive to the Collin County line. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2007 Collin County Roadway Bond Program included $5,400,000 for the design and construction of approximately 5,800 linear feet of 4-lane concrete pavement section with sidewalks on Ballard Avenue from Alanis Drive to the county line. In October 2008, an Inter-local Agreement was executed between Collin County and the City of Wylie to release $540,000 to begin engineering services for the roadway. The projected construction cost of the project is $4.1 million. The project is 100% funded by Collin County and will be managed by the City of Wylie as outlined in the inter-local agreement. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve a Professional Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600 for the design of the expansion of Ballard Avenue from Alanis Drive to the Collin County line. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No's. 2009-08 and 2009-09 into the official record. Mayor Hogue convened into Work Session at 8:40 p.m. WORK SESSION • Presentation, discussion and input of the Final Concept Plan of the Founder's Park Improvement Project. (Half Associates, Inc./M. Sferra, Public Services Director) Representatives from Half Associates, Inc. addressed Council stating that the City contracted with the firm to provide a Concept Plan for the Founder's Park Improvement Project. They reported that to assure the public and Wylie City Council had ample opportunity to contribute input to the design process, the Scope of Services included two stakeholder meetings, two public input work sessions with the Wylie Parks Board, and one Council Work Session and meeting. Numerous other meetings have been held with the Wylie Park Board and City staff Minutes—March 10, 2009 Wylie City Council Page 9 over the past two years as all parties explored multiple design options and sought ways to best implement the additional $400,000 in funding for the project received from Collin County in the form of a grant. Half Associates went over the design at the 95% completion and asked for direction from Council regarding several options for alternative bids utilizing the additional grant funding from the County. These included: Alternate 1 —Sod Baseball Fields Alternate 2 —Sod north Soccer fields only Alternate 3 — Playground Pavilion upgrade (with different styles of design) Alternate 4 — Shade Structures for Ball Fields Alternate 5— 10' Outer Trail Expansion Alternate 6 —8' Center Trail Expansion The Council favored option 2 for the South Plaza which has ADA ramps on the north and south approaches rather than steps. For expenditures related to the grant funds received from Collin County, the Council favored expanding the center trail on the west side of the park from eight to ten feet in width, including additional masonry features at the playground pavilion (seating areas and column treatments), sodding the new baseball fields and north soccer fields to allow them to be playable sooner than hydro mulching would allow, installing shade structures for the ball field bleachers, and extending the ten-foot outer trail on the west side of the park to meander south of the existing tree line. Staff was also given direction to include a sand volleyball court and a basketball court as additional alternatives on the bid documents. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:25 p.m. ADJOURN With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to adjourn the meeting at 9:25 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— March 10, 2009 Wylie City Council Page 10 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 5, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Replat for Premier Industrial Park North, Block A, Lots 3A-1 and 3A-2 creating two commercial lots generally located on the northwest corner of Sanden Road and Hensley Lane. Recommendation Motion to approve a Replat for Premier Industrial Park North, Block A, Lots 3A-1 and 3A-2 creating two commercial lots generally located on the northwest corner of Sanden Road and Hensley Lane. Discussion This property was initially platted as Lot 1 of Premier Industrial Park in 1997. In 1998 the property was further subdivided and became Lot 3A Blk A of Premier Industrial Park North. In July 2007 the Wylie Economic Development Corporation(WEDC)purchased the property that is the proposed Lot 3A-1 on the subject plat. The purpose for the replat is to create two separate lots to accommodate a parcel of land in a LI District that is not currently being utilized. The WEDC is the current owner of Lot 3A-1 and Best Circuit Boards Inc. (Global Innovations)is the owner of Lot 3A-2. The area to the north of these properties is owned by the Wylie Independent School District while the area identified on this plat as `Ownership Unknown' between the WISD property and these properties is 'Old Hensley Lane' and was never dedicated as an easement. As this area does not provide any necessary access to adjacent properties (prescriptive right-of-way) it is the City Engineer's opinion that this area will become WISD property when a plat is completed for that property. The Replat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 4-0 to recommend approval of the replat. Approved By Initial Date Department Director RO 03 05/09 City Manager 07) ' ,3 C Page 1 of 1 Cr.,Scde;cou cu.:TABLES 72tg'16:2' -- COUNTY ROAD 297 gtifitgA ., •F°FF TNNN S 09.58.32.E 104—.37 n. ..._, G ‘ 4 Lc I t t 11 1 i ii ,.....,,,..t...., 1 Pa.North Vol N Pg(137 PRP, II 1 Lot 3A-1 3206 ACRES tot.Pock A 2z,grage:— 5 Lot 3A-2 Z'ELTF,'6, ' 1 10.317 ACRES .4 w I au,cgmm,INF L! ' I ',-,,-,, , 1 b• k ,; II Ap.paharproporpo i !'''' V t I I I I Raki, Astr41=ar'grP r I!.II' i, I '."'ItIonn.E.5(.V.VII r" va tr P. r o e c , le z Naos,r,00.60oNNyLo N ""i 1 1 ili.N . . PROCIl L i rl a , o 1 i i 1 : 1 2,13 t I I n. WEST 554.95. ,. A- .244 ---_,—, ___ HENSLEY LANE R RAD-2060.00" AR,$0,,,, (SO' o ro N 7,4a3 C1-0-I i 8,28"01'w Ne1.1INT tol..Po,A tor L laa.A tol.3,Po,A WPC, Val%a usuun,;ul;,,cacuiN;mu,we,Fcuum;u-tc-cc,c;cu aj,c0=4:,,;urc“,wchn u uuu,cr r,puucuo cucx,uu uccitouccUu FINAL NLAL PREMIER INDUSTRIAL PARK NORTH Lots 3A-1 and 3A-2 BENO A REPLAT OF LOT nA,BLOCK A PREMIER INDUSTRIAL PARK NORTH DUKE STRICKLAND SURVEY,ABSTRACT No 841 CITY OF WYLIE COWS COUNTY.TEXAS DRA,N,, B.D.S/CAD clocxo BY RD,S, . Sparr Surveys 2553 C.R 722 ,,, FEBRUARY 2009 McKinney.Texas r 6984C 75069 alt149rFriVOr ZiisTktr Nt.NoTEs A FON.LNN.Ro. WLIN aohornic NolLor rnnoweLon Cor0 rzng:-,Y,;...w:= Dernerst Corp.:L.0NA sor Henaley tone F''FIN'IFVF.7 I Or F JOB NO 1 OWNER'S CERN.... • APPRO.,2.9.2 Own....of Lot.,KNN 5. t. Cora. vh.aogh tn.oolv awneov.oNms,do n5r2.veow ths W.,me.we.0.2g2e2 awhonw,v Nate.Put.,n 222 st.e fevw, tn..ON Roca.of Col.Com.T2222 52.2 Gap.N K.NOoko stoc.. photo.Nn.841. to t.Ow of WW2,hex..a.co Nok.dedvote, „m„son p{, pohIc ose fore.,the rho tow Ins... achnootedgeK to me that t.same rot tIN purpose and Colltn Coon.Texas.a.being more paNculatfyd222.2das.loo. 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Ote nor.Nte of a.Hensfey Lane,along the Ne2t12. 7,52 whooN N ..."20.N222 252 r222,......2 Oto ot ttnat 2.et P55515.ft1026hRt5L PARK NOR. w awn.to Ne.2 et...in Nes of ea,d Lot 3A and east line of 2.lot 2A,532.69 foof to a.22n.von rod 55.2.at ON WO.'75"w .2.009 to 22 in...Nth.n.of County fload No 297; 5Y .2.-2-W 224 f 2h5... 55t2 2c555t25'5't''r5.5! THENM S 09556'32.E.along tha oa.ci 2outhr ime of eatd Co..Road No.29.f 107.37 WhAS 6 tangent circular curve to tha Kght he..a radios ot COUNTY Or DALLAS h N.ENCE southwester,a.50.51 curve to the rig.a.Nava Itne of 2.Sanden Road, throuKh a cent,angle of 09T2'00..ar,avc distort.of 553.36 f.t and M12.g a oltord wItort,hears S 06'05'52'W.59272 few to t.20fVf of BEGINNING and 13.523 aw.of tt'',.!r27htlevas OA, , .2009 NONCE SNLING A f.IfION th INN ANN1O. KIEhES N.NOW.A 0.05.55 CI. to..reowng Nuovv.5t 8,d ta me Nat..Note2.chroo to,the ORDINANCE ANO5TATE LAW AND IS SUR.,20 FINES AN2 OF AllINTI5S.5. 25,51.0 P.N.S FINAL PLAT PREMIER INDUSTRIAL PARK NORTH Lots 3A-1 and 3A-2 85INW A NEPLAT OF LOT 3A.BLOCK A PREMIER INDUSTRIAL PARK NORTH DUKE STRICKLAND:SURVEY ABSTRACT No. 84.1 CITY OF WYLIE COLLIN COUNTY.TEXAS mgc., B BS Sparr Surveys OREM 2553 C.R.722 pm FEBRUARY 2009 AVOKinney.iexos 75069 (214)544-2297 70 Oto=r6orporetco 70008 00ie.TX 25090 ....16984C - - Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: C Department: Purchasing (City SecYetary's Use Only) Prepared By: Jim Holcomb Account Code: Date Prepared: March 10, 2009 Budgeted Amount: Exhibits: Resolution/Agreement Subject Consider, and act upon, Resolution No. 2009-10(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie, Texas, the City of Bedford, Texas and other municipal signatories of a cooperative purchasing program. Recommendation Motion to approve Resolution No. 2009-10(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie, Texas, the City of Bedford, Texas and other municipal signatories of a cooperative purchasing program Discussion The Texas Inter-local Cooperation Act (Article 791 of the Texas Local Government Code) authorizes local governments to form cooperative purchasing programs. These programs provide competitively bid contracts for goods and services which are available to the participating entities. The City of Wylie routinely participates in such contracts through the State of Texas, TASB Buyboard, HGAC, TCPN and others. The City of Bedford has formed a cooperative purchasing group along with other municipalities and that cooperative has a uniform contract with GST Public Safety. The Wylie Fire Department wishes to purchase uniforms from GST under the terms and pricing of the Bedford contract. Approval of the attached interlocal agreement will enable the City of Wylie to participate in this contract. Approved By Initial Date Department Director RC 3/10/09 City Manager /I'al )1 sk9 Page 1 of 1 RESOLUTION NO. 2009-10(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS, THE CITY OF BEDFORD, TEXAS AND OTHER MUNICIPAL SIGNATORIES OF A COOPERATIVE PURCHASING PROGRAM. WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperating agreements between and among governmental entities; and WHEREAS, an Interlocal Agreement is made pursuant to Chapter 791 of the Texas Government Code for the purpose of achieving mutual governmental functions; and WHEREAS, the member cities desire to secure for each city the benefits of cooperative purchasing of goods, products and/or services; and WHEREAS, the City of Bedford, Texas has framed a cooperative purchasing group along with other municipalities and that cooperative has a unifoiui contract with GST Public Safety; and WHEREAS, the City of Wylie Fire Department desires to purchase uniforms from GST Public Safety under the terms and pricing of the City of Bedford, Texas contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. The City Council of the City of Wylie hereby authorizes the Mayor to enter into an Interlocal Agreement with the City of Bedford, Texas and other municipal signatories of a Cooperative Purchasing Program. Section 2. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 24th day of March, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-10(R) Interlocal Agreement with member cities Cooperative Purchasing Program AN INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING OF GOODS, PRODUCTS AND/OR SERVICES This agreement is entered into by and between the cities of signatory to this agreement, all being municipal corporations chartered under the Constitution of the State of Texas, hereinafter referred to as "member cities" each acting through their duly authorized representatives. WHEREAS, the member cities desire to secure for each city the benefits of cooperative purchasing of goods, products and/or services; and WHEREAS, this agreement is made under the authority granted by and pursuant to Texas Interlocal Corporation Act, Article 791 of the Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premise and mutual promises contained herein; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Prior to any collective purchases under this agreement, the cities will designate which city shall be responsible for the bidding process for a particular purchase. 2. Member cities agree that all specifications for said items shall be determined in cooperation with members, with final approval with the city responsible for final bid process. 3. Each member shall be responsible for placing orders directly with and payment to the vendor under each contract entered into pursuant to the cooperative purchasing program, and shall be responsible for the vendors compliance with all conditions of delivery and quality of the purchased items. No member shall be obligated to purchase any item merely by virtue of that member approving specifications for said item, or by requesting to be included in an "open" contract for such items. 4. Members shall designate an official representative to act for member in all matters relating to this cooperative purchasing program, including the designation of specific contracts in which the member desires to participate. 5. This agreement shall take effect upon execution by signatories. 6. This agreement shall be in effect from date of execution until terminated by any party to this agreement by written notice to the other parties stating the date of such termination. a minimum of 30 day written notice must be given to terminate agreement. 7. Exhibit "A" will constitute a list of Member Cities. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year each member signs agreement. City of Wylie Date March 24, 2009 Signature Title Mayor, City of Wylie, Texas Approved as to Form: City Attorney Date Attest: City Secretary Date EXHIBIT A MEMBER CITIES Aubrey Bedford Cleburne Colleyville Crowley Forest Hill Grapevine Haltom City Hutchins Keller Mansfield North Richland Hills Pantego Richland Hills Roanoke Southlake Texarkana Westlake Kennedale Euless Sherman Hopkins County Sanger Mineral Wells Decatur Frisco Hudson Oaks Van Alstyne Paris Farmers Branch Alverado Rhome Venus Terrell Wylie City Council CITY of WYLtE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 10, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of February 28, 2009. Recommendation Motion to accept and place on file the City of Wylie Monthly Revenue and Expenditure Reports as of February 28, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director MB 3-11-09 City Manager ftlfri 3/1 /07 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT February 28, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 12,614,352.70 12,563,069.00 -51,284 FRANCHISE FEES 1,955,000 628,017.50 695,232.81 67,215 LICENSES AND PERMITS 594,500 228,531.75 175,328.49 -53,203 A INTERGOVERNMENTAL REV. 591,480 280,162.81 187,767.69 -92,395 SERVICE FEES 2,199,200 682,692.34 644,313.72 -38,379 FINES AND FORFEITURES 540,000 218,435.00 177,307.79 -41,127 INTEREST INCOME 351,310 146,379.12 41,567.06 -104,812 B MISCELLANEOUS INCOME 186,740 77,777.61 74,737.82 -3,040 OTHER FINANCING SOURCES 516,330 481,386.42 481,386.42 0 TOTAL REVENUES 22,341,938 15,357,735 15,040,711 -317,024 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 55,162.57 71,086.22 15,924 CITY MANAGER 767,530 319,804.12 310,583.54 -9,221 CITY SECRETARY 257,190 107,162.43 91,719.36 -15,443 CITY ATTORNEY 173,000 72,083.38 39,142.45 -32,941 FINANCE 671,640 279,849.86 279,388.05 -462 FLEET& FACILITIES SVC 210,800 87,833.38 70,099.63 -17,734 MUNICIPAL COURT 333,910 139,129.19 123,162.10 -15,967 HUMAN RESOURCES 207,160 86,025.07 78,971.82 -7,053 PURCHASING 111,520 46,326.79 44,201.74 -2,125 INFORMATION TECHNOLOGY 350,240 145,933.38 170,394.18 24,461 POLICE 4,841,100 2,017,124.93 1,949,271.90 -67,853 FIRE 5,076,930 2,115,387.50 2,094,790.68 -20,597 ANIMAL CONTROL 268,000 111,666.69 100,130.96 -11,536 PLANNING 398,465 166,027.06 151,966.16 -14,061 BUILDING INSPECTION 718,800 299,645.95 245,017.27 -54,629 CODE ENFORCEMENT 181,430 75,595.88 49,661.93 -25,934 STREETS 1,742,360 615,983.45 577,214.97 -38,768 PARKS 1,548,110 645,045.74 581,297.80 -63,748 RECREATION 314,710 102,795.81 49,597.97 -53,198 LIBRARY 715,025 297,926.92 318,479.70 20,553 COMBINED SERVICES 3,066,600 1,277,749.93 1,390,746.24 112,996 TOTAL EXPENDITURES 22,086,910 9,064,260 8,786,925 -277,335 REVENUES OVER/(UNDER) EXPENDITURES 255,028 6,293,475 6,253,786 -39,689 A. New Dwelling Permits have declined. B. Decline in Interest rates unanticipated. CITY OF WYLIE MONTHLY FINANCIAL REPORT February 28,2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 2,991,081.09 2,958,883.62 -32,197 INTEREST INCOME 200,000 83,333.31 39,022.95 -44,310 MISCELLANEOUS INCOME 30,000 12,500.00 18,879.55 6,380 OTHER FINANCING SOURCES 1,500,000 1,500,000.00 1,500,000.00 0 TOTAL REVENUES 10,700,000 4,586,914 4,516,786 -70,128 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 234,120.74 209,190.29 -24,930 UTILITIES-WATER 1,121,030 432,208.37 380,858.62 -51,350 CITY ENGINEER 485,660 202,358.31 167,235.93 -35,122 UTILITIES-SEWER 511,590 213,162.50 201,591.46 -11,571 UTILITY BILLING 548,594 228,580.74 167,526.62 -61,054 COMBINED SERVICES 7,382,180 3,990,115.12 4,024,390.84 34,276 TOTAL EXPENDITURES 10,610,944 5,300,546 5,150,794 -149,752 REVENUES OVER/(UNDER) EXPENDITURES 89,056 -713,631 -634,008 79,624 711/ Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: 03-24-09 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 03-18-09 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 28, 2009. Recommendation Motion to accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 28, 2009. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on March 20, 2009. Approved By Initial Date Department Director SS 3/18/09 City Manager lljii 3, o /01 Page 1 of 1 3-13-2009 11,25 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: FEBRUARY 28TH, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT* TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 656,500.46 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10130 DEPOSITS (EARNEST MONEY) 0.00 1000-10193 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 740.45 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.38 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 513,640.60 4,231,906.89 TOTAL ASSETS 4,231,906.89 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 973.68 2000-20111 MEDICARE PAYABLE 96.47 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20118 HEALTH INSUR PAY-EMPLOYEE 22.05 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 412.53 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 20.-20125 VALIC DEFERRED COMP 0.00 2000-20126 IOWA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20130 ADDIT EMPLOYEE INSUR. PAY ( 320.42) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20221 AP PENDING 2,335.43 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-2054) NOTES PAYABLE 513,640.60 2000-20310 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 3-13-2009 1125 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: FEBRUARY 28TH, 2009 111-W(LIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 839,686.L9 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL BEGINNING EQUITY 3,495,474.24 TOTAL REVENUE 358,841.96 TOTAL EXPENSES 462,095.50 REVENUE OVER/ UNDER) EXPENSES 103,253.54) TOTAL EQUITY 4 OVER/(UNDER) 3,342,220 70 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,231,906.89 3-13-2009 11:25 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: FEBRUARY 28TH, 2009 922-GEN LONG 'TERM DEBT (WEDC) A000U 1T8 TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0,00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-14220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 32,720.70 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 122,021.41 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 534,343.52 2000-28240 HUGHES LOAN PAYABLE 253,411.46 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME RUTS LOAN 194,816.47 2000-28270 BOWLAND/ANDERSON LOAN 52,125.09 2000-28280 CAZAD LOAN 161,612.64 TOTAL LIABILITIES 1,356,248.29 EQUITY 3000-34590 FUND BALANCE ( 1,356,248.29) TOTAL BEGINNING EQUITY ( 1,356,248.29) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVERi(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,356,248.29) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 3-13-2009 11:26 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET $ OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 145,246.26 0.00 337,277.15 0.00 962,722.85 25.94 INTEREST INCOME 10,000.00 275.07 0.00 3,086.82 0.00 6,913.18 30.87 MISCELLANEOUS INCOME 109,600.00 2,600.00 0.00 18,477.99 0.00 91,122.01 16.86 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 148,121.33 0.00 358,841.96 0.00 1,060,758.04 25.28 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821.00 59,968.10 0.00 462,095.50 138.60 1,413,586.90 24.64 TOTAL EXPENDITURES 1,875,821.00 59,968.10 0.00 4662,095.50 138.60 1,413,586.90 24,64 REVENUE OVERi(GNDER) EXPENDITURES ( 456,221.00) 88,153.23 0.00 ( 103,253.54) ( 138.60) ( 352,828.86) 22.66 3-13-2009 11:26 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE RE?ORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2009 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 145,246.26 0.00 337,277.15 0.00 962,722.85 25.94 TOTAL TAXES 1,300,000.00 145,246.26 0.00 337,277.15 0.00 962,722.85 25.94 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0,00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 275.07 0.00 3,086.82 0.00 6,913.18 30.87 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 275.07 0.00 3,086.82 0.00 6,913.18 30.87 MISCELLANEOUS INCOME 4000-43110 RENTAL INCOME 108,400.00 2,600.00 0.00 18,177.99 0.00 90,222.01 16.77 4000-43310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 0.00 0.00 300.00 0.00 900.00 25.00 4000-43430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 2,600.00 0,00 18,477.99 0.00 91,122.01 16.86 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 148,121.33 0.00 358,841.96 0.00 1,060,758.04 25.28 3-13-2009 11:26 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 4 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,722.00 12,670.90 0.00 65,204.44 0.00 109,517.56 37.32 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 770.00 0.00 0.00 772.00 0.00 ( 2.00) 100.26 5611-51145 SICK LEAVE BUYBACK 1,900.00 0.00 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 4,571.59 0.00 6,748.41 40.39 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 1,201.83 0.00 1,774.17 40.38 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 1,371.54 0.00 7,082.70 0.00 11,909.30 37.29 5611-51410 HOSPITAL & LIFE INSURANCE 15,870.00 0.00 0.00 7,982.20 0.00 7,887.80 50.30 5611-51420 LONG-TERM DISABILITY 1,040.00 0.00 0.00 184.05 0.00 855.95 17.70 5611-51440 FICA 11,820.00 412.53 0.00 2,254.60 0.00 9,565.40 19.07 5611-51450 MEDICARE 2,900.00 96.47 0.00 938.10 0.00 1,961.90 32.35 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 490.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 243,340.00 15,651.14 0.00 92,463.45 0.00 150,876.55 38.00 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 407.21 0.00 1,660.69 0.00 7,339.31 18.45 5611-52040 POSTAGE 2,220.00 98.06 0.00 304.48 0.00 1,915.52 13.72 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 134.68 0.00 1,443.44 0.00 4,856.56 22.91 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 17,520.00 639.95 0.00 3,408.61 0.00 14,111.39 19.46 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 39.99 0.00 39.99 0.00 2,960.01 1.33 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 39.99 0.00 39.99 0.00 2,960.01 1.33 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,509.00 0.00 0.00 75,676.40 0.00 475,8.32.60 13.72 5611-56040 SPECIAL SERVICES 36,995.00 1,183.21 0.00 20,725.93 0.00 16,269.07 56.02 5611-56080 ADVERTISING 44,735.00 3,942.20 0.00 12,388.55 0.00 32,346.45 27.69 5611-56090 COMMUNITY DEVELOPMENT 56,963.00 0.00 0.00 18,461.38 0.00 38,501.62 32.41 5611-56110 COMMUNICATIONS 3,060.00 901.38 0.00 1,790.36 0.00 1,269.64 58.51 5611-56180 RENTAL 19,500.00 1,850.30 0.00 8,969.77 0.00 10,530.23 46.00 5611-56210 TRAVEL AND TRAINING 33,279.00 2,303.43 0.00 7,573.62 0.00 25,705.38 22.76 5611-56250 DUES & SUBSCRIPTIONS 7,733.00 0.00 0.00 3,157.00 0.00 4,576.00 40.83 5611-56310 INSURANCE 2,500.00 303.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 22,560.00 160.00 0.00 2,372.00 0.00 20,188.00 10.51 5611-56570 ENGINEERING - ARCHITECT SVC 23,000.00 0.00 0.00 5,750.00 0.00 22,250.00 20.54 5611-56610 UTILITIES - ELECTRIC 4,000.00 381.70 0.00 1,203.04 0.00 2,796.96 30.08 TOTAL CONTRACTUAL SERVICES 810,834.00 11,025.22 0.00 158,371.05 0.00 652,462.95 19.53 3-13-2009 11:26 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: FEBRUARY 28TH, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET E OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 274,501.00 25,797.84 0.00 137,110.41 0.00 137,390.59 49.95 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 274,501.00 25,797.84 0.00 137,110.41 0.00 137,390.59 49.95 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 52,300.00 0.00 0.00 30,713.00 0.00 21,587.00 58.72 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 54.00 138.60 2,807.40 6.42 5611-58830 FURNITURE & FIXTURES 5,000.00 0.00 0.00 865.19 0.00 4,134.81 17.30 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 460,300.00 0.00 0.00 31,632.19 138.60 428,529.21 6.90 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326,00 6,813.96 0.00 39,069.80 0.00 27,256.20 58.91 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 66,326.00 6,813.96 0.00 39,069.80 0.00 27,256.20 58.91 TOTAL DEVELOPMENT CORP-WEDC 1,875,821.00 59,968.10 0.00 462,095.50 138.60 1,413,586.90 24.64 TOTAL EXPENDITURES 1,875,821.00 59,968.10 0.00 462,095.50 138.60 1,413,586.90 24.64 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) 88,153.23 0.00 ( 103,253.54) ( 138.60) ( 352,828.86) 22.66 `** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger February 28, 2009 Inventory-Land Date of Pur. Address Acreage Improvements(sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Economic Development Corporation Balance Sheet Sub ledger February 28, 2U08 Notes Payable Payment 8eginninQBa|. Principal Interest Principal Balance January 3O. 2UUA $1.344.386.58 February |nvvood(*woor1ro) $10.160.75 $502.900.97 $7.319.77 $2.840.98 $585.581.20 Birmingham(#6Vof60) 5.74122 5.707.82 5.707.92 33.30 0.00 Hughes(f31uf12O) 3.774.70 273.028.74 2.408.55 1.305.14 270.618.19 City uf Wylie(#nOofu4) 6.813.86 33.631.20 6.008.22 145.74 28.983.04 Prime Kuts(#1sof1oo) 2.539.59 207.063.41 1.504.28 1.035.32 285.558.13 Bow|ond(#1Vofso) 773.31 31.092.70 817.85 155.48 30.474.85 Anderson(#1sof0o) 773.31 31.092.70 617.85 155.47 30.474.85 Capibm|<]no(#ilvf12O) 2.034.96 169.868.88 1.211.15 823.81 168.057.73 February 28. 2UU9 $26.056.50 $6.555.22 $1.318.328.99 Note: Principal and Interest payments vary by date ufpayment. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF FEBRUARY 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 101,531 11,633 12.94% FEBRUARY 121,615 132,441 145,246 12,805 9.67% MARCH 83,172 86,460 APRIL 81,377 86,004 MAY 124,616 130,208 JUNE 86,779 99,523 JULY 90,996 98,845 AUGUST 114,655 132,563 SEPTEMBER 99,715 112,165 OCTOBER 91,185 100,202 NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,677 $337,277 $32,554 10.68% AUDIT ADJ TOTAL $1,188,149 $1,293,677 $337,277 $32,554 10.68% WEDC SALES TAX RECEIPTS $160,000 $140,000 1, $120,000 $100,000 --F� - - $80,000 - ,"A - ,9 ' , + ,w 02008 1 rl $60,000 rt feu, x ■2009 Y :' $40,000 : „�; � 1 '°,� $20,000 _ } f $0 cQ 2 a cu Q 0 Is'.L.L. °zo Wylie City Council CITY OFYLIE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 4, 2009 Budgeted Amount: Exhibits: 2 Subject Hold a Public Hearing and consider, and act upon, approval of the withdrawal of a Residential Replat for Stone Circle Townhomes, Block A, Lots 1-6 creating 6 single family attached lots, generally located north of Stone Circle and 120 feet east of Birmingham Street. Recommendation Motion to accept the applicant's request to withdraw a Replat for Stone Circle Townhomes, Block A, Lots 1-6 establishing 6 single family residential attached lots, generally located north of Stone Circle and 120 feet east of Birmingham Street. Discussion The applicant has requested to withdraw this replat for consideration at this time due to unforeseen circumstances. This residential replat is a public hearing item and required notices have been adhered to accordingly with State Law. However, due to posting and advertisement requirement; action on the replat by the Council must be taken. Planning Commission approved 4-0 to accept the applicant's request to withdraw the replat. Approved By Initial Date Department Director RO 03/04/09 City Manager ir 3 Page 1 of 1 Page l of Renae" Olfie From: Gary Nail - Sent: Gundoy, February 22 20087:44 PM' '- - -- -- -- ' '- -'- ' To: Charles Lee Subject: Replaton Stone Circle Hi Charles, I'm contacting you to let your office know I've decide to withdraw my application to replat the lots on Stone Circle. The cost ofPark Development Fees and High Impact Fees along with having to put Fire Sprinkler system in a two story has made itto costly toUo any development. Thank you very much for all of your help and information perhaps I may be able to do something at another time. Thank you Gary Nail O3/05/20O9 OWNER'S CERTIFICATE la i ____..... STATE OF TEXAS NOW THEREFORE,KNOW ALL L MEN M1web BYd THESE M1iaP PEafENiS: herein above des COUNTY OF CGLLIN WHEREAS, does } N NEeEAS,Go lour fr a a}b n the 5,8 Sne Abstract STONE CIRCLE a TOWNHOMES„LOISY1 TMRU 6.anaaa zann to^tf the M1City at Wylie,dcalU.described property a. as JJ//��iiik HO 2),In the Noll of Wale,nCal n'County,Tams aM bet' al Lots 43.44,b455a doe epublic use lar•ve�the streetsaen YPriex 4111. BEjW' INTERURBAN DEVELOPMENT C)MPAnY'S SOUTH sIOE<OOITION�a Cie at Wylie,CoffinCoun The streets dedicated p e Easements s bliaauzeaareas.as TEMI N� Caillniv.i�e^�a.Y ding la �a Ml�o�d foda.a Mop own ore der,cated tor the PubmProvaml eninlic use v ar purposes be indicated peco prat. n wn Mercian. buildings, ��._. BellrAil limited Y deed Ond er c5549,Pagev04482,Nod Records,CdiinP)County, Te s may be Wooed^ `1•• beingac d recorded carded in Oacumenl N andu peee apiprovednb Ciryna ddiibnUPUlility Ea een}a m 'rr 'EulOi �i c Records. County.Texas.and being a p Icularly describe metes and use or iiin ' bounds as'allows, Y utilused 1or mutual use or mccomidotion of all ities'sold public being using e Public's oncl City of Wylie's use thereat. a CIY ic utilities d puhim'u derp ;■ illlad oong a i/2 in luny 5211. tract•era ofright.remove ond PwFich m ding•:}:.;.'is �uabz a h Me Parer ove Me " n as warn Southeast comer s,corn '° aan'y wvs y„'manse th sold Easement.T.e construction. C y,texas.and bang n the North deed at recorded E.Stone Rood(o )toot right-at-way);R short a e¢�bi"t'x d ihen<•N i Oeynes De M 52 S ande East.along i d Olxcn Ira t Wylie ond public sements tor n 5e eat Lis respective nstrucli 'haul the nave i any time GRAPHIC SCALE _ Wng v conveyed la P elUv mremoving P missan atli anyone. casya.msn. patrolling, upon e Ion ca i recorded Nn9 Ior memo y L atone is Collin N Nort eat comer of era aglernv,a.being in the a 50Tex.. subject at a Planing ordinances.rules,r yu mmna and resolutions at the cry at AM .. a s line .oat a m n. 456t. ��--u- - x.7 „-- KIt CI L• and Volume 5574.Page u,tract et loncl c05539,Deeded to ne City et Wylie by Records.Collin County,dTe as; Wylie. (IN poor 1 VICINITY MAP Thence Be Degrees 54 East, a South line ha.WITNESS,my a al Wylie,feces nits the r l NOS. I inch=as . NOT TO SCALE tract •4551,Page 0344 and Volume 5574.Page 39).a at 200.00 feel to n x - -----_-- and bang nee sautnweal line of by/Slane Canned distance(a anoble width right)t-way): BY: Gary Nail 01 k greee W9 M leaving tn.Southweste a sold Kirby/Stone Connecter.osa a the aclnal land conveyedthe City W9fel by deea a COUNTYOFECOU,IN a rise.Page 44 sr calks C unry,T to a 1/2 d i12.n 11.2 nd dab o9 nd 9 1he.2.22.co Ciry'ol Yre'222''(Vamm6 FORE ME,i a N TO Public In ars 4898,rPage 449),an being in the North line at sold E.stone Road, no the d arner,a bein rn•r al said Gory Nail in W I' and tor said County and State on this.y KIRBY-STONE ADORI)N -"'""- TM1•nce Nara BB Oegrces 54 Minu}ea 18 Seconds west.along the Nara line ai said E.Slone Raad,o knowmdged known me That he/she Not, the same tar f purposes and consideration•therein '- - d e of 2)).))feel la ins Poml of 9� n9 and canla� g 2.959 R e leaf ar).B4 acras al expressed. Y NANO ae w this the Y '--_- --_-_ mean an ELO0)POCAL M and loT O SEAL OF)Texas 2009. CIVEN UNDERda a in JACKSON CIRCLE SURVEYOR'S STATEMENT: •Slate a k/A'@y/STD -STONE u I. 'under my alp:.asan„ry sm record. attio,sedan. rm that ond that fhie plot p'R4°NP a�= bafa'nl9allyna a wiM the Rules and gutynans o, e Tex. r f P COT O V u`_-..\ xz ON o surn.n prepared a operations`anaRe 'n b. Ras,d a releaa,anal w�d c.)59 Orx NF YOL 5574,PG,a 'eO,W ter4. AL )sled this the day at 2009 KIRBY-STONE ADDITION T%m RELEASE°02/05/09 FOR REVIEW PURPOSES ONLY.THIS taxi wG LOT s CONTROLLING a a9S4.M€NIHA4t_N9T_@E_RE.G.PRRCP_E4R_NIV_URPOSE. ;as Connolly ° S88154'18"E 200.00' 4°wir. Surveyor na,ssu t/22'. RP (BASIS OF BEARINGS) N T • d Pralevlonai Lana \ Eq� \\' COUNTY OF OF TEXAS cdegawuEs O 35.00'30 IOW35.00' 35.OW 30p0'as 1‘ �NATEs E A.g..w-6e5s LOT LOT LOT LOT LOT LOT o0 "'''.X_ BEFORE M a a N u n Nte d ar 1 3 4 8 6 personally a n Connolly known Public as,s a sobscdbed to the Eli '^ foregoing In ac w ihaed M c that me to 'e executed e the some tor the pArpose therein ,'%�° - _ Mexpressed and under oath stated IM1e siotementaain tho foregoing c r-MI.:de are true. ti w ,I M 3 zoos UNDER MY NANO AND SEAL Or OFFICE this __ Y l Ili _ m m n CITY OF OUa _ o( c,rl°R.t1' o n STONE CIRCLE TOWNHOMES :n VOL. 4 n m 4 l m sl 1 l T Q e+ o i 20,959 sq.ff. 00080.STONE ADDITION o rY a =man tor • u e u was I/2 mcx wax 0.64 acres TS LOT 4 Z _.... BVP TOO, 35,00'3la,0'35.00'�35.00'30.,00'35.00' %-'\ 5 POINT OF N88154'18"W 200.00' /zo"l"0UNR00 CERTIFICATE OF APPROVAL m BEGINNIN- E. STONE ROADE's sl Recommended to r Approval • alxA iratiES60'RO.W. sa,1 • Oa.:_______ d °82 s. charmon Panning&Zoning Commission - e. � ClY al WYIe,Texas _. -�-.._.. ".._..._- THE MEAHOWS OF WYLIE VOL. F, PG. 166 LOT G LOT PPmv.d tar cannlmalw^ LOT LOT LOT 5 o' 30 Moyer.Curt at Wylie.Texas, Vol.. LOT I 2 3 4 -- ____. Ma ar • __w . Mayor. oy pied m alwl VI_Texas, 6T Z.'p W , LOT o„ a29 dare: s tii LOT > LOT 15'ALLEY 7 w '•' -. . 28f the City Secretory me ary at wyn.,Ye hereby a.numa that me lansa mg n na l on of day of wnMean ,to the submitted We City.__- _ anpe addition .,0 Cyr ath here accepted dcaaas ay oi...easements.pub.places and w oaowns, .r author.Me Noy or to ham a eplonce ore.forth In and upon il thereat by signing Ms name 03 herelnabove eiwscribed. Witness rny hand this .day ot GENERAL NOTES _ 0 BA THE SOUTH LI BASIS OF 000111ON CV Bxccoftoco IS___ OF r l rI.Texas. COUNTY,TEXAS. REPLAT z)THE REASON THIS RE 00000 G Lon. STONE CIRCLE TOWNHOMES 3)NO LOT TO LOTWILL BE W. LOT AREA'TABLE 4)AN NEW OR EXISTING MAY)NOT EXTEND ACROSS NEW LOT 1 THRU 6 PROPERTYT LINES. - LOT I LOT 4 5)SELLING POR N OF ANY LOT IS PR)NIBITE),AN)MAY BE 5L8000T 4,893 sq.. 4,893 3q.fl. BEING ASREPLOAT Of LOTS 43 AHNEHS46 TO WRHOLONG OF UTILITY SERVICES. 0.11 acres 0.11 acres INTERURBAN DEVELOPMENT COMPANY'S SOUTHSiOE AMMON 6)GPS COORDINATES ARE BASE°UPON THE CITY OF WYLIE MONUMENT -- • ______ RECORDED IN VOLUME I,PAGE 04 k BS, "CM 2".LOCATE°NO SYATE HIGHWAY NO.ZB ANO WEST OF LOT 2 LOT 5 MAP RECORDS,COWN COUNTY,TEXAS. SOUTH 3ALLARO STREET NEAR THE SOUTHEAST CORNER Of THE BUILDING 4,194 sq.ft. 4,194 sq.11. xxF1000 STATEMENT. SWAM)IN THE LOCATE)AT l04 SOUTH BAUARO STREET 0.10° 0 .. PROPERTYONINSURANCEABSTRACT.. PLOTTING THIS RATE MAPS NUMBER. 3085 c NORTHING= 5.704 LOT 3 LOT 6 WITH AN EFFECTIVEA E GF ANUARY I9,1983 SNOWS THrs Ra ER TO BE oN CITY OF WYLIE,COLUN COUNTY,TEXAS. OG PROPER,Y AN DC� 1Tt OU4 CONNALLY A ASSOC/AM,INC. q. VIM. UN-SHADED AREA DESIGNATE)AS ZONE x(AREAS DETERMINED i)BE OUTSIDE THE OWNER:CARY NAIL 6MRINeFPoNO,Pl wnnw IIumlYINO EASTING ='t.509381.Os9 0.11 s fl. 4.11 ELEVATION=55).238' 0.1 I acres 0.1 I acres l00 YEAR FLOOD PIA Ni) saoo w0310 TEXASO.+E LANE .1011 Po9emN aeeu,SCAM Rdo.o�w,Tow mL3 r s'r[.4Ts.f459 scut.I=ao'/dATE:TCORUAR0 a5.fd0v/6 AORxd.'A90o4A g/daewx w:aq Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: March 24, 2009 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 03/18/09 Budgeted Amount: Exhibits: One Subject Consider, and act upon, an amendment to the Service Contract between the City of Wylie and National Sign Plazas, Inc. to allow kiosk panels to be increased to 15" in height in lieu of 12" as required by the contract. Recommendation. Motion to amend the Service Contract between the City of Wylie and National Sign Plazas, Inc. to allow kiosk panels to be enlarged to 15"in height in lieu of the 12" as required by the contract. Discussion The City of Wylie entered into a service contract with National Sign Plazas to provide kiosk plazas within rights-of-way in accordance with Sign Ordinance No. 2008-33 adopted July 22, 2008. Several kiosk plazas are currently placed throughout the city in accordance with the approved plaza location map. The current panels are installed at a height of 10.5 inches that allowed a font size of 8 inches. This request is seeking approval for a 15 inch panel that would permit a font size of 13 inches. This revision would allow better visibility and readability of the panels. In response to Council's request to place blank panels in an effort to omit empty spaces, the vendor has agreed to put additional city related panels on the plazas in lieu of blank panels. Upon builder lease, the vendor will promptly replace the additional city panel with the builder name in accordance with the Ordinance. The larger panels will also aide in omitting empty spaces on the kiosk panel by covering a larger area with fewer panels. The approved ordinance specified size limitations for the plaza itself, but did not address the size of the panels. The specifications of the panel dimensions were spelled out in the contract only. Therefore, this item is an amendment to the contract and not a text amendment to the Ordinance and does not require public hearing notification. This request only changes the height of the panels as indicated in Section 2.C.14 Specifications of Kiosks and Sign Panels of the Service Contract and does not alter any other uses of the contract nor any requirements of the Ordinance. Panel samples will be presented for your review. Approved By Initial Date Department Director RO 03/18/09 City Manager MO\ (5 o Page 1 of 1 ADD 1 NDUM NO. 1 TO AGREEMENT FOR SERVICES The Service Contract between the City of Wylie and National Sign Plazas, Inc. dated September 8, 2008 is hereby amended as indicated below. This addendum shall be considered an integral part of the Service Contract. 2. Definition, Purpose of Kiosk Programs and Specifications of Kiosks. C. Specifications of Kiosks and Sign Panels. 14. Individual sign panels on the Primary Structures shall not exceed fifty (50) inches in horizontal length by fifteen (15) inches in height. Individual sign panels on the Community Structures shall not exceed fifty (50) inches in horizontal length by fifteen (15) inches in height. Individual sign panels on the Neighborhood Structures shall not exceed thirty (30) inches in horizontal length by thirty (30) inches in height. In Witness Whereof, authorized parties have signed this Amendment on the dates indicated below. City of Wylie, TX National Sign Plazas, Inc a California Corporation By By Mindy Manson Grant Hayzlett, City Manager Director of Operations Date Date Addendum No. 1 Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 1 of 1 AGREEMENT FOR SERVICES This Agreement ("Agreement") is entered into by and between the City of Wylie, TX ("City" or`Wylie") and NATIONAL SIGN PLAZAS, INC., a California corporation ("Contractor") (collectively, the"Parties"). WHEREAS, City Code of Ordinances Section 9.E allows City to install Kiosk within rights-of-way; and WHEREAS, City desires to initiate a Kiosk Program to give direction to subdivisions, developers and homebuilders within the City, give directions to municipal facilities, and provide infoiiiiation about city-sponsored events; and WHEREAS, Contractor represents that it is a California corporation authorized to do business in the State of Texas; and WHEREAS, Contractor desires to install Kiosks as described more fully in this Agreement; and WHEREAS, Contractor desires to maintain the Kiosks after their installation and to lease space on the Kiosks to developers and homebuilders and to bill and collect fees from the developers and homebuilders for itself and for the City; and WHEREAS, Contractor submitted a proposal that meets the City's needs; and WHEREAS, the City wants to engage the services of Contractor as an independent contractor and not as an employee, for the installation and maintenance of the Kiosks and sign panels on the Kiosks. NOW, THEREFORE in consideration of these recitals and other good and valuable consideration, the value and receipt of which is acknowledged, City and Contractor agree as follows: I. Recitals. The Recitals above are hereby incorporated into this Agreement by reference. 2. Contract Documents. The Contract Documents, which set forth the entire Agreement of the Parties, are named below. In the event of a conflict between the terms of two or more documents, they shall take priority in the order set forth below: A. All applicable laws and regulations of the City. B. This Agreement. Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 1 of 13 524267.v 1 C. The Kiosk elevations and information provided for in Exhibit A. D. Proposal and Qualifications shown in Exhibit B. Each party shall comply with all of the terms, conditions and specifications contained in the Contract Documents. 1. Scope of Work. Contractor shall perform the work set forth in the Contract Documents. In general, this work shall consist of the following: In administrating the Kiosk Program, the contractor will: A. Construct, install, maintain and repair approved Kiosks and sign panels at no cost to the City. B. Contract with developers and homebuilders for the lease of sign panels. C. Assist City in determining appropriate locations for Kiosks. D. Assist City with identifying and removing all illegal off-premise signage. E. Attend meetings as necessary with City staff and developers to coordinate the implementation of the Contract Documents. F. Collect all lease payments and remit to City, on a quarterly basis, an administrative fee as specified in Section 4.B of this document. G. Provide consulting to the City regarding the Kiosk Program including detailed records/monthly reports on the program. 2. Definition, Purpose of Kiosk Programs and Specifications of Kiosks. A. Definition. For the purposes of this Agreement, a Kiosk means a ladder- style sign with multiple sign panels that is installed within the public right- of-way, and which complies with all of the applicable sign regulations set forth in the Wylie Code of Ordinances. The specifications of the Kiosk and sign panels are more fully developed in these Contract Documents. B. Purpose of Kiosks. The purpose of Kiosks is to provide direction for homebuyers and the like, to the location of residential subdivisions, housing developments, and public facilities, identify a subdivisions or housing development's builder or developer, and provide information about city-sponsored events being held within the City while discouraging the placement of unsightly and hazardous off-site directional signs. C. Specifications of Kiosks and Sign Panels. Contractor agrees to manufacture and install Kiosk structures and sign panels in accordance with the specifications in these Contract Documents, City Ordinance No. 2008-33, and the following: Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 2 of 13 524267.vI 1. Kiosk Structures shall not exceed twelve (12) feet above average grade. Structures shall be more completely described in Exhibit A. 2. Kiosks shall be constructed of steel and/or aluminum and shall be capable of displaying up to ten (10) sign panels, doubled- sided, if necessary. 3. The top panel of each Kiosk shall be designed for the City and shall prominently display the name of the City and the official City logo at the top of all Kiosks within the jurisdictional limits of City. This top panel shall be readable from any side of a Kiosk which displays directional sign panels. 4. The color of all structural elements of a Kiosk shall be black. All sign panels shall conform to Section 2.C.11 below. 5. The Contractor shall submit final design plans to the City for approval by City Council prior to installation of any Kiosk. The City Council may approve design plans that deviate from the elevations provided for in Exhibit A. 6. No additions, tag sign streamers, attention-getting devices or other appurtenances shall be attached to any Kiosk or sign panel. 7. Kiosk locations shall be approved and designated by the City with the assistance of the Contractor. 8. At the request and City's sole direction, the Contractor shall remove and relocate any Kiosks within thirty (30) days of the receipt of written notice at no cost to the City/County. 9. Contractor shall provide, at no cost to the City, at least one panel in addition to the top panel of each Kiosk, for use as directional signage to municipal facilities or information about city-sponsored events. 10. Contractor shall provide to the City a semi-annual inventory report of existing installed sign panels on the Kiosks. 11. Sign panels shall contain only the name of a residential community, subdivision, homebuilder, public facility, City and logo, the builder or developer's name and/or logo, the builder or developer's recognized color scheme, the name of the builder/developer and logo, and an appropriate directional arrow. Directional arrows will be of a uniform size; a line of text at the bottom of the sign panel with directional information is permissible if circumstances warrant it. Fluorescent colors are not allowed. Reflective colors and text are permissible. Unless so authorized by City, the sign panels shall not appear to replicate the commonly accepted color schemes of motorist signs. 12. Contractor shall not install or maintain any Kiosks or sign panels within the City, which are not in compliance with the terms of the Contract Documents and Ordinance No. 2008-33.. Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 3 of 13 524267.v l 13. Sign Panels shall be constructed on Alpolic 360. The panels shall be vinyl coated with a material comparable to 3M Engineering Grade Retro-reflective. 14. Individual sign panels on the Primary Structures shall not exceed fifty (50) inches in horizontal length by twelve (12) inches in height. Individual sign panels on the Community Structures shall not exceed fifty (50) inches in horizontal length by twelve (12) inches in height. Individual sign panels on the Neighborhood Structures shall not exceed thirty (30) inches in horizontal length by thirty(30) inches in height. 3. Number and Location of Kiosk. The City has sole discretion to determine the number and placement of the Kiosks in its right-of-way. The number and location of Kiosks may be limited by the restrictions set forth in Ordinance 2008-33. Contractor must also comply with the administrative procedures set forth in Ordinance 2008-33 regarding the submission and approval of a map showing the number and location of the Kiosks. Contractor may submit to City at any time during the term of the Agreement subsequent requests for the timely approval of additional Kiosk locations, as may be expressed by homebuilders, developers, and residential communities over time. 4. Price and Payment Schedule for the Purchase of the Kiosks and Sign Panels. Subject to the provisions in Paragraph 6 below, the price and payment schedule for Kiosks shall be as follows: A. Contractor will install the Kiosks and rotate City panels at no cost to the City. B. Contractor will collect, and remit to the City, an amount of ten dollars ($10.00) PER PANEL, PER MONTH (Excluding city directional panels). Said fees shall be remitted within sixty (60) days of the end of each fiscal quarter. Fiscal quarters will be based on the Contractor's fiscal cycle, beginning October 1 and ending September 30. 5. Term of Agreement and Termination of Agreement A. Term. The term of this Agreement is (5) five years. B. Renewal. At the end of the initial five-year term, this contract will automatically renew for an additional (5) five year term unless either party provides at least sixty (60) days advanced notice before the end of the initial term, of their intention(s) to terminate this Agreement. C. Termination. Except as otherwise provided herein, neither party may terminate this Agreement and/or the Contract Documents within the first two years of the initial term. After the first two years of the initial term, this Agreement and/or the Contract Documents may be terminated by Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 4 of 13 524267.v 1 either party upon providing thirty (30) days written notice to the other party. Either party, at any point (even within the first two years of the initial term), may terminate this Agreement and/or the Contract Documents if there is a breach of this Agreement and/or the Contract Documents by the other party. D. Effect of Termination. 1. Termination by City. If the City terminates this contract, Contractor shall remove the Kiosks within thirty (30) businesses days after receiving a written termination letter from the City. 2 Termination by Contractor. If Contractor terminates this Agreement, Contractor agrees that the Kiosks shall remain in place and that the sign panels and all receivables from the placement of the sign panels shall become the property of the City. Further, Contractor agrees to promptly transfer all information related to the placement of the sign panels to the City, including, but not limited to, the original sign service documents, an accounting of all open accounts, and all other relevant documents. After the transfer of all information, this Agreement shall be of no further effect. 6. Placement of Sign Panels. After the City's written approval and acceptance of the installed Kiosks, the City agrees to extend to Contractor an exclusive right to use the Kiosks for sign panel placements and to maintain the Kiosks and sign panels subject to the terms of this Agreement. A. Contractor agrees to offer and place sign panels for homebuilders, developers and residential communities. Contractor further agrees to use Contractor's best efforts to place all available sign panels. B. Contractor agrees that the placement fees for the sign panels will be set at market rate. Contractor shall be allowed an annual cost of living increase for the fees as determined by the Consumer Price Index. C. Contractor agrees to maintain all aspects of the placement of the sign panels, including entering into sign placement service agreements, billing, collecting fees, and paying any applicable taxes and fees. D. Contractor will remit to the City on a quarterly basis the amount of the City's Administrative Fee as specified in Section 4.B of this Agreement. E. Contractor agrees to provide an annual report to the City pertaining to the number of sign panels installed within the City, the amount billed, the amount paid to the City with regard to monies owed Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 5 of 13 524267.v l under Section 4.B of this Agreement, and the amount of money collected of the City's Administrative Fees. F. Contractor agrees that in no event will the City be liable for any fee payment or other fees related to the placement of the sign panels. The Contract shall pay all fees associated with obtaining the required permits from the City. G. Contractor agrees to include in all sign service agreements an assignment clause which will assign Contractor's rights to fee payment to the City in the event Contractor elects to terminate this Agreement pursuant to Paragraph 5.C.2 above. H. Homebuilders, developers, and residential communities with sites located within the jurisdictional boundaries of the City, present and soon-to-be-annexed, shall at all times be allowed to participate equally in the Kiosk program by purchasing space on the sign panels. G City and Contractor agree that no sign panels other than those manufactured and installed by Contractor shall be allowed on the Kiosk Structures. 7. Maintenance of Kiosks: A. Contractor agrees to maintain the Kiosks and sign panels for the term of this Agreement. B. Contractor agrees to replace damaged Kiosks and sign panels, as it deems necessary or as requested by the City. C. Contractor agrees to provide to the City a telephone number and a contact person allowing the City to contact Contractor requesting maintenance on the Kiosks or sign panels twenty-four (24) hours a day, seven (7) days a week. D. Contractor agrees to repair all structural element of the Kiosks within five (5) business days of the receipt of the City's written request for repair. Contractor further agrees to remove or repair all sign panels within seventy-two (72) hours of written notification of the need of repair by the City. If a sign panel has to be replaced because of extensive damage, such sign panel will be replaced within five (5) business days of the written notification from the City. E. Contractor agrees to maintain a regular maintenance schedule to check each Kiosk and sign panel for all necessary repairs and to complete those repairs promptly. F. Contractor agrees to maintain all Kiosks and sign panels in conformity with all terms of this Agreement. 8. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 6 of 13 524267.v1 SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES (COLLECTIVELY REFERRED TO AS "CONTRACTOR" FOR PURPOSES OF THIS SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 7 of 13 524267.v 1 EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. OWNER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. Insurance. Contractor shall maintain in full force and effect throughout the entire term of this Agreement insurance with an insurance company authorized to conduct business in Wylie, TX with the following policy limits. A. Comprehensive General Liability - $2,000,000 combined aggregate B. Automobile Liability- $1,000,000 C. Workers Compensation 1. Bodily Injury by Accident - $1,000,000 2. Bodily Injury by Disease- $500,000 Upon written request, Contractor shall present a Certificate of Insurance in a form satisfactory to the City Attorney which shall name the City as an additional insured party on Contractor's Comprehensive General and Automobile Liability policies. If during the term of this Agreement, any such insurance is canceled, or if Contractor fails to renew same, or if the policy limits are reduced below the limits required above, such event shall constitute a default of this Agreement. Contractor shall immediately notify the City in writing if such an event occurs. Contractor shall have five(5) business days to cure any such default. 10. Independent Contractor. Contractor shall, at all times herein, be an independent contractor and not an employee of the City. 11. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 8 of 13 524267.v1 return receipt showing the date of actual delivery of same, to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: CITY: CONTRACTOR: City of Wylie, TX National Sign Plazas Attn: Mindy Manson,City Manager Attn:Grant Hayzlett,Director of Operations 2000 Highway 78 N 8150 S Akron St, #401 Wylie, Texas 75098 Englewood, CO 80112 Telephone: 972-442-8100 Telephone: 720-482-9293 Fax: 111-01 ) Fax: 303-790-0924 All notices, regardless of the nature of service, shall additionally be served upon Contractor at Contractor's office in the State of Texas located at: Attn: National Sign Plazas, Inc 620 Business Parkway Richardson, Texas 75081 Telephone: (972) 918-0603 Facsimile: (972) 918-0604 12. Assignment. No provisions of this Agreement or the Contract Documents may be assigned without prior written consent from both Parties. 13. Subcontracting. Nothing contained herein shall prevent the contractor from subcontracting all or any part of the work related to the fabrication and installation of the Kiosk structures and production of the sign panels, which require equipment, materials and expertise which the Contractor reasonably may not be expected to possess. The Contractor shall not subcontract any other part of the work related to this Agreement or the Contract Documents without prior written consent from the City. 14. Miscellaneous. The Contract Documents represent the entire and integrated Agreement between the City and Contractor and supersedes all prior negotiations, representations of Agreements, whether written or oral, except as where noted. The Contract Documents may be modified only by a written document signed by both parties and approved by the City Council at a public meeting. This Agreement shall be governed under Texas State law, and venue shall be set in Collin County, Texas. 15. Mutual Drafting. The City and the Contractor each has had opportunity to consult legal counsel regarding the drafting of this Agreement and the provisions of this Agreement shall not be construed against or in favor of either party. Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 9 of 13 524267.v1 16. Default and Remedies. If any Party fails to perfoim any of its obligations under the Contract Documents, such failure shall constitute a default. The non- defaulting Party shall give the defaulting Party written notice of the default. The defaulting Party shall have ten (10) business days after the receipt of such notice in which to cure the default. Failure to cure the default shall constitute a breach of this Agreement. In the event of a breach, the non-breaching party may terminate this Agreement and may obtain any reasonable remedy provided by law. 17.Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 18. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. In Witness Whereof, authorized parties have signed this Agreement on the dates indicated below. City of Wylie, TX National Sign Plazas,Inc a Calif nia Cor oration By i { �r. ' I �A,,t'1' By Mindy Mansi Grant Hayzlett, City Manager Director of Operations Date ( r} t Date 1 Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 10 of 13 524267.v I EXHIBIT "A" 1. -IppC11 p;4'el r:ri-.4igritid*ri U. ii ;iiitii iicciitiii if,,t -treraotcated Stee -est L.ep II. ;c'r . designed to rnunicto s sostrtcarbes i: tt?o;datet-4'4;13511"el 7 5 Schedule 40 Yriie- puiiwitcr cuatticiiLi te iticciriiciple'pe.c-tic ationti ' - ( 42"*4a' Sigii Pantil% a (e F.-11 1? 0° ) 4. , :tiara%pace ova:able i i tor muni1iiit,i44..sccr age i i i fi :7..cin6artus I ; t ..._______„1 f at tor ino s each post 3'4.48" — ti t4SP iri°,strap JOT approved Breakaway System a . Pnreary alagn Panel SpecrticarittriS '.... l'. -Atpolic 350 substrate 7mot Itt 3rern thick 441E1.1 HomeBuilder ...„,_cdor graphics VI r 7.iirrattionol arow t; . , Agreement for Services between City of Wylie and National Sign Plazas, Inc. Page 11 of 13 524267.v1 ... EXHIBIT "A" ,?) -cIppor p4c.el; gni=tri °Tiupe.tv......-.tc1P(...atc,,,, 5etaorti...ated Steei i'ost Lap 0 o 24-w4 designed to mum('oie speiiiitiicarions TC.4)Pr,r Panel E 5'Sthedule 40 o• Ste Foss powder- oated o b.,'trk;mciple specifications > 01 1042 5' 4 - P14,iiiia%pact.av4ii.atiitt 53r inuniooie '5 0 e . 2cintriv,41,- I Fad Laf int,tdt,eut.t,past 3"x42 5" NSP fir.MraP ......, .., ..... )OT approveu bi'eakaway System — ...... i, ,,Drr,antlaltty in3n Panel Spea t aeons 12 ( "... ie. ,,00.1.350 substrate 2mri to irwri thick TIT - Li',..-.-.01at graphics , 61 I HI, I ' HomeBuilder 7..iirw:tional wrow 1 4 .... ) \\..... —1 Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 12 of 13 524267.v1 EXHIBIT "A" \tt)ollocci c)scirl 1"triiri topper panel aestorted to tTiuno-v«e specations , n' Pref4tercatee Steet Post Cac,desrcaral to ntstercipie speritirtations :t 4 24"-s42 0 •, , t 2,5'Scbtodute AO Tomer Panel steel Posts ray/Wet-waled kt•-• P.-i t, t lo municve sevecificabtxw 1 i / 10x42 5' tt Brom Panels .------7,---- 34' 4 4i. Cootinous-I't"x Sat bar inside each post "P"----.L- i , 1 i - IMSP ID strap 4 .. / .1. _...... DOT approved Breakaway System 7- Neighborhood Sign Panel Specifications 42-6* Aipoic 350 ftubAtiale -2mon lo 3rnro Owl( ta. I Full CUICif TA.91VC:g. 111,), HomeBuilder DoecOoma Wow Agreement for Services between City of Wylie and National Sign Plazas,Inc. Page 13 of 13 524267.v I 71, Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: 3-24-09 Item Number: 3 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 3-18-09 Budgeted Amount: Exhibits: 1 Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase approximately 0.397 acre from Crossroads Management IV, Ltd. for approximately $146,880 with the subject property located near the southeast corner of F.M. 544 and Regency Drive. Recommendation Motion authorizing the Wylie Economic Development Corporation to purchase approximately 0.397 acre from Crossroads Management IV, Ltd. for approximately $146,880 with the subject property located near the southeast corner of F.M. 544 and Regency Drive. Discussion On March 17, 2009, the WEDC entered into a contract with Crossroads Management to purchase ±0.397 acre out of a 1 acre tract owned by Crossroads. The subject property is adjacent and south of WEDC owned property fronting F.M. 544 between Regency Drive and Hooper Road. The remainder of the tract is to be retained by Crossroads and has existing self-storage units. The area to be purchased by the WEDC is occupied by an automobile body shop/garage. Of particular interest to the WEDC is a 20' easement traversing the WEDC property which is utilized by the Francis tract to access the body shop. Prior to closing, a plat will be submitted to the City of Wylie abandoning the easement. Access to the property being retained by Crossroads will be through an adjacent property to the east which is also owned by Crossroads. The WEDC Board of Directors unanimously approved the execution of the attached contract on 3-9-09. Closing is to take place no later than June 15, 2009. Approved By Initial Date Department Director SS 3./18/09 City Manager , Page 1 of 1 REAL ESTATE SALES CONTRACT STATE OF TEXAS COUNTY OF COLLIN THIS REAL ESTATE SALES CONTRACT(this "Contract") is made by and between CROSSROADS MANAGEMENT IV, LTD., P.O. Box 214966, Dallas, Texas 75221-4966 ("Seller"), and WYLIE ECONOMIC DEVELOPMENT CORPORATION, 108- C W. _Marble, Wylie, Texas 75098 ("Purchaser"), upon the terms and conditions set forth herein. ARTICLE I 1.01, Seller hereby sells and agees to convey by Special Warranty Deed (the "Deed''), and Purchaser hereby purchases and agrees to pay for, that certain real estate, and any improvements located thereon, being the north portion of Lot 1A, Block 1, Central Storage Addition, City of Wylie, Collin County, Texas, containing approximately 18„000 square feet which property is generally described in the attached Exhibit A (the"Property"). Seller also sells and agrees to convey, and Purchaser hereby agrees to pay for, all and singular, the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, roads, alleys or rights-of-way, and including ail rights to all oil, gas and other minerals, together with any improvements, fixtures, and personal property situated on and attached to the property (all of such real property, rights, and appurtenances being hereinafter collectively referred to as the "Property"), for the consideration and upon the terms and conditions hereinafter set forth, The existing easement that crosses the Purchaser's adjacent property that was reserved in the Deed from David C. Swim 86 Company, Inc. to Earl S. Holland, Jr, dated March 1, 1983, and recorded in Volume 1615, Page 775, Real 4.542347-8 Property Records of Collin County, Texas, for the benefit of Lot IA, Block 1, Central Storage Addition, City of Wylie, Collin County, Texas, shall be terminated at Closing (as hereinafter defined). ARTICLE II. PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price (herein called the '"Purchase Price") for the Property shall be the sum of Eight and 5OJt0aths Dollars ($8..50) multiplied by the number of gross square feet in the Property as determined by the Survey to be completed pursuant to paragraph 3.03 herein. Payment ofPzrchase Price 2,02, The Purchase Price shall be payable in all cash at Closing. ARTICLE III CONDITIONS TO CLOSING Conditions to Purchaser's Obligations 3.01. The obligation of Purchaser hereunder to consummate the transaction contemplated hereby is subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing). Preliminary Title Commitment 3.02. Within fifteen (15) business days after the Effective Date of this Contract, Seller, at Seller's sole cost and expense, shall have caused commonwealth Land Title Company (D. Baron Cook), l08-B, ' . Marble, Wylie, Texas 75095 (the "Title Company") to issue a preliminary title commitment (the "Title. Commitment"), accompanied by true, correct and legible copies of all recorded documents relating to easements, rights-of-way, and any a542_47-8 2 instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller(the "Title Documents"). Survey 3.03. Within fifteen(IS) business days after the execution of this Contract, Seller shall, at Seller's sole cost and expense, obtain a current plat of survey ("Survey") of the Property, prepared by a duly licensed Texas land surveyor. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception (except as to "shortages in area ) from the Owner's Title Policy to be issued by the Title Company. The Survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, flood plain as defined by the Federal Insurance Administration, easements, and rights-of-way on or adjacent to the Property and shall set forth the number of total gross square feet comprising the Property. 3,04. Purchaser shall have ten (10) days (the"Review Period") after Purchaser's receipt of the later of the Survey, the Title Commitment and the Title Documents to review the same and deliver in writing to Seller such objections as Purchaser may have to anything contained in them (the "Objection Notice"), in the event Purchaser states that any of the Survey, Title Commitment, Title Documents or any item therein contained, is not satisfactory, Purchaser may either (a) terminate this Contract and have the Escrow Deposit forthwith returned to Purchaser; or (b) conditionally accept title subject to Seller's removal of any matters c-ontained in such Objection Notice within ten (10) days from receipt of such Objection Notice (the "Title Cure Period"), in which case Seller may elect, at its sole option, to use commercially reasonable efforts to remove or insure over such objectionable matters, but shall have no duty or obligation to remove or insure over any of such objectionable matters. If Seller cannot remove or insure #542347-8 3 over such matters before the expiration of the Title Cure Period, or if Seller elects not to remove or insure over any of Purchaser's objections, then at Purchaser's election within five (5) days following the expiration of the Title Cure Period, Purchaser may terminate this Contract and have the Escrow Deposit forthwith returned to Purchaser. Failure by Purchaser to terminate this Contract on or before five (5) days after the expiration of the Title Cure Period shall be deemed to be a waiver of all then uncured title objections which shall become Permitted Exceptions (as hereinafter defined). Purchaser hereby agrees that the lien for current taxes, and any items not objected to timely by Purchaser shall hereinafter be deemed to be permitted exceptions (the "Permitted Exceptions") and Purchaser shall not be entitled to object to the status of title, the Survey or avoid the Closing on account of such Permitted Exceptions. ,Governm.ental A royals 3.05 The Purchaser shall be responsible for re-platting the Property with the City of Wylie, Texas, prior to Closing. The Seller agrees to cooperate with the Purchaser in the platting process at no cost to Seller, including, but not limited to, the execution of the application and the plat once it is approved by the City. In no event shall the plat be recorded prior to the expiration of the Feasibility Period. Any fees, costs or other obligations imposed by governmental authorities in connection with the re-platting of the Property shall be borne by Purchaser, This obligation shall survive Closing or the termination of this Contract for the applicable period of limitations. Feasibility Period 3,06, Purchaser shall have until the earlier of June 10, 2009, or two (2) days after the approval by the City of the plat within which to inspect the Property and determine if the same is suitable for Purchaser's intended use (the 'Feasibility Period"), In the event Purchaser notifies #542.347-8 4 Seller in writing on or before 5:00 p.m. on the last day of the Feasibility Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in Purchaser's sole and absolute discretion, then this Contract shall terminate and the Escrow Deposit (as defined in Section 6.01. below) heretofore delivered by Purchaser to Title Company shall be returned to Purchaser; provided however, that $100.00 of the Escrow Deposit paid to Seller as Independent Consideration (as defined in Section 6.01 below), together with the cost of the Survey, shall not be returned to Purchaser. In the event Purchaser fails to so notify Seller in writing prior to the expiration of the Feasibility Period of Purchaser's election to terminate this Contract, this Contract shall continue in full force and effect. Seller hereby grants to Purchaser during the Feasibility Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary; provided that Purchaser shall indemnify, defend, and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of Purchaser's entry upon or testing of the Property and provided further that Purchaser shall be responsible for all damages occasioned to the Property arising out of Purchaser's entry upon or testing of the Property. These obligations will survive the Closing or the cancellation or termination of this Agreement. Notwithstanding the delivery of the above described studies and test, if any, Purchaser acknowledges that any information of any type which Purchaser has received or may receive from Seller, or its agents, is furnished to Purchaser as a courtesy only and on the express condition that Purchaser shall make an independent verification of the accuracy of such information, all such information is being furnished without any representation or warranty by Seller as to the truth, accuracy, or completeness of such information. #542347-8 5 ARTICLE IV CLOSING 4,01; The closing of the purchase and sale of the Property ("Closing") shall be at the offices of the Title Company, on or before the later of five (5) days following the expiration of the Feasibility Period of this Contract or recording of the plat but in no event later than June 15, 2009(the date of Closing being herein referred to as the"Closing Date"). 4.02. At the Closing, Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special 'Warranty Deed conveying good and indefeasible title in fee simple to all of the Property,. free and clear of any and all liens, encumbrances, conditions, easements,. assessments, and restrictions, except for the following: (I) General real estate taxes for the year of closing and subsequent years not yet due and payable; (2) The Permitted Exceptions; and (3) Any other exceptions approved by Purchaser pursuant to this Contract or in writing. (b) Deliver to Purchaser, at Seller's sole cost and expense, a Texas Owner's. Title Policy issued by the Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property, subject only to those title exceptions listed in this Contract (including the Permitted Exceptions), such other exceptions as may be approved in writing by Purchaser,. and the standard printed exceptions contained in the usual form of Texas Owner's 5.42347-3 6 Title Policy, and containing a survey exception deletion, if requested by Purchaser and at the expense of the Purchaser, except as to shortages in area. (c) Deliver to Purchaser possession of the Property subject to the Permitted Exceptions. 4,03. At the Closing,Purchaser shall: (a) Deliver to Seller the Purchase Price by cashier's check, wire transfer or otherwise in immediately available funds, (b) Deliver to Seller a certified resolution of the board of directors of Purchaser, which resolution will be in full force and effect, approving this transaction and designating the person or persons authorized to sign documents on behalf of Purchaser. (c) Deliver to Seller and/or the Title Company such other documents as may. be reasonably necessary or appropriate to consummate this transaction in accordance with the terms of this Contract. 4.04, All state, county, and municipal taxes for the then current year relating to the Property shall be calculated as of the Closing Date and Seller's share shall be collected by Title Company at the Closing and remitted to the appropriate taxing.jurisdictions in accordance with Section 26.11 of the Texas Property Tax Code. if there is any rollback tax liability for the Real Property, the Purchaser will assume the responsibility for those taxes. Purchaser does not waive any exemption or other exception it, or the Property, may have from rollback taxes pursuant to Texas Property Tax Code -§23.55(1) or other applicable law.. 4542347-8 7 NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the Property that is the subject of this Contract is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, Purchaser may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value, In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the Property, The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. 4 05, Each party shall pay any attorneys fees incurred by such party. All other costs. and expenses of closing the sale and purchase shall be borne and paid as provided in this Contract, or if the Contract is silent, as is usual and customary for real estate transactions in Collin County,Texas, ARTICLE V REAL ESTATE COMMISSIONS 5,01, In the event a broker commission is occasioned by the consummation of this Contract, the party retaining such broker shall be responsible for all real estate commissions with respect to that broker, ARTICLE VI ESCROW DEPOSIT 6,01. Within three (3) business days following the full execution of this Contract and for the purpose of securing the performance of Purchaser under the terms and provisions of this 4'542347-8 8 Contract, Purchaser shall deliver to the Title Company, a check in the amount of$25,000.00 as an escrow deposit (the "Escrow Deposit") which shall apply toward the Purchase Price at Closing. Purchaser agrees that $100.00 of the Escrow Deposit is given as consideration for the Contract ("Independent Consideration"), which Independent Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to Purchaser in the event the Escrow Deposit is otherwise returned to Purchaser pursuant to the terms of this Contract. In the event Purchaser fails to timely deliver the Escrow Deposit to the Title Company, this Contract shall automatically terminate and be of no farther force or effect and Seller shall be relieved from all liabilities or obligations hereunder. ARTICLE VII CASUALTY 7.01. All risks of loss to the Property shall remain upon Seller prior to the Closing, subject to the provisions of Section 3.06 of this Contract. If a casualty occurs, Seller may, but shall not be obligated to, restore the Property to its condition immediately prior to the casualty, and if it does not so restore the Property, then Purchaser may accept the Property in its damaged condition without reduction in the Purchase Price or terminate this Contract. ARTICLE VIII REPRESENTATIONS 8,01. As a material inducement to the Purchaser to execute and perform its obligations under this Contract, the Seller hereby represents and wan-ants to the Purchaser as of the date of execution of this Contract and through the date of the Closing as follows: (a) Seller is the owner in fee simple of the Property subject to the Permitted Exceptions, The Property is not subject to any lease or other agreement that creates a right of 4542347-8 9 ownership or possession to a third party except for a month-to-month lease with a tenant on the. Property. Seller shall deliver possession of the Property to the Purchaser at Closing subject to • such month-to-month lease, which shall be a Permitted Exception; (b) To Seller's current actual knowledge, there are no actions, suits, or proceedings (including condemnation) pending or threatened against the Property, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign; (e) The Property is not in a water district; (d) To the current actual knowledge of Seller, no part of the Property has been used for or as a landfill or toxic waste site or is in a wetlands protected area or PUMA flood plain as currently defined by federal law; (e) No consent or approval of any other person or entity is required in order for this Contract to be legal, valid and binding upon Seller except for any lender consent that will be obtained by Seller at or prior to Closing; (f). The execution and delivery of this Contract and the consummation of this transaction shall not constitute a violation, breach or default by Seller of any term or provision of any other instrument of which Seller is a party or to which Seller or the Property may be subject except that this transaction will require the consent of Seller's lender and a release of lien which Seller will obtain at or prior to Closing; (g) Seller is a limited partnership duly organized, validly existing and in good standing under the laws of the State of Texas: and has ail the requisite power and authority to. enter into, deliver and perform this Contract; (11) Seiler is not the subject of any bankruptcy, reorganization or insolvency 4542347-8 I 0 proceeding. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT IS UNDERSTOOD AND AGREED - THAT SELLER IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN SELLER'S WARRANTY OF TITLE SET FORTH IN THE SPECLAL WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, PURCHASER.AGREES THAT wiTH RESPECT TO THE PROPERTY, PURCHASER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF SELLER OR SELLER'S REPRESENTATIVES. PURCHASER WILL CONDUCT SUCH _INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS. PURCHASER AGREES TO, TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY"AS IS, WHERE IS", WITH ALL FAULTS AND THERE ARE NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY, FURTHER, PURCHASER HEREBY ACKNOWLEDGES TO SELLER THAT PURCHASER AND. SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION, THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE- CLOSING AND SHALL NOT BE MERGED THEREIN. 8.02 As a material inducement to the Seller to execute and perform its obligations under this Contract, the Purchaser hereby represents and warrants to the Seller as of the date of execution of this Contract and through the date of the Closing as follows: (a) Purchaser is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas and has all the requisite power and authority to enter into, 4542347-8 I I deliver and perform this Contract; (b) No consent or approval of any other person or entity is required in order for this Contract to he legal, valid and binding upon Purchaser; and the execution and delivery of this Contract and the consummation of this transaction shall not constitute a violation, breach or default by Purchaser of any term or provision of arty other instrument of which Purchaser is a. party or to which Purchaser may be subject; (o) To Purchaser's current actual knowledge, there are no actions, suits, or proceedings pending or threatened against the Purchaser, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign, and Purchaser has received no written notice of same. The Purchaser is not involved in any bankruptcy, reorganization or insolvency proceeding. ARTICLE IX BREACH BY SELLER 9,01, In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or pursuant to a right of termination expressly granted hereunder, Purchaser may terminate this Contract and obtain the return of the Escrow Deposit as liquidated damages or pursue specific performance, as its sole and exclusive remedies. ARTICLE X BREACH BY PURCHASER 10,01. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in this Contract having been satisfied, and Purchaser being in default and Seller not being in default hereunder, Seller may either (i) 054234'7-8 `) terminate this Contract and receive the Escrow Deposit as liquidated damages, or (ii) obtain specific performance, as its sole and exclusive remedies. ARTICLE XI MISCELLANEOUS Survival of Covenants (a) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, shall survive the Closing for a period of one(I) year (or such longer period of time as may be expressly contemplated by this Contract in the specific instance) and shall not be merged therein. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt. requested, addressed to the Seller or the Purchaser, as the case may be, at the address set forth herein above. Texas Law to Apply (c) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin. County,Texas, Parties Bound (d) This Contract shall be binding upon and inure to he benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and. assigns. This Contract is not assignable by the Purchaser without the written consent of the Seller. #542347_8 1 Nondisclosure (e) Neither party shall disclose to any person or entity (ether than that parry's advisors or as may be required by law) the terms of this Agreement or the identity of the parties and shall not issue any press or other informational releases without the express written consent of each party.. Legal Construction (t) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Integration (g) This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. This Contract cannot be modified or changed except by the written consent of all of the parties. Time of essence (h) Time is of the essence of this Contract. Attorney's Fees (I) Any party to this Contract which is the prevailing party in any legal proceeding against any other party to this Contract brought under or with relation to this Contract or transaction shall be additionally entitled to recover court costs and reasonable attorneys fees from the n.on-prevailing party. i4542347-3 14 (lender and Number 0) Words of any gender used in this Contract shall be held and construed to include nay other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance (k) In accordance with the requirements of Section 28 of the Texas Real Estate License Act, Purchaser is hereby advised that it should he furnished with or obtain a policy of title insurance. Effective Date of Contract (1) The term "effective date of this Contract" as used herein shall mean the later of the two (2) dates on which this Contract is fully signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the parties. [SIGNATURE PAGE TO FOLLOW] 4542347-8 15 Executed on the dates set forth at the signatures of the parties hereto. SELLER: CROSSROADS MANAGEMENT IV, LTD., a Texas limited partnership By; Crossroads Management, Inc., a Texas corporation, General Partner 7 By: Ray :ond E. Francis, President Date of Execution: 3 ) 6 PURCHASER: WYLIE ECONOMIC DEVELOPMENT CORPORATION Byt Its: Date of Execution: 3- 1(C-01 TITLE COMPANY ACCEPTANCE: The Title Company acknowledges receipt of the Earnest Money on jitalek, bri,„?,00 7 and accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: COMM, WEALTH LAND TITLE COMPANY BY: PRM E' NAME: / S 2) 1 TITLE: at,)tic) • ' ADDRESS: (0e• e Telephb ne 431 t-31ft Pax 12, 1-'4 (//‘ 4542347-S 16 � �;r t , �" aPmy^Ni" `a~nl r�y M�� 1 /� N la ' a m� a r TI tilt:: I I I„,,,,, �+vM ,,kyi �. M!M!"� ,✓W w :' 't I"a, � ''' ' 4 " .�� e.*» ...» —.: � m al ua ?"', 1 �,I .. " , �� III aa p a p N, a �r° � ,! 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II " 'f^�,r L 1 t<tt# f pe� �L.€ a X Mapsi da ddera u3a s!kd far N COG.Various I t ,ai == �snd r nciatN '.vs? ur d? t tt + �m r ;r,orrr�atio i y efff�.v,reas to er pare try r, r �p of° is t , ea r,nc t #s _ r r imp+ie as to V'e a curac r of said data. or 2000 HIGHWAY7 NORTH A rY AN NATIONAL AN 5 5 2 WYLIE,TEXAS WYLIE,TX 75098 OPERATING FUND APEX 01-0006 03/18/2009 ***2 , 00 _ PAY —-- TWENTY FIVE THOUSAND & 0 0/10 0 DOLLARS .—— 1. 3 * COMMONWEALTH LAND TIT E ** =. r 3; d,vi Er, ORDER 108— MARBLE _ CAP ai L . z TX 25098