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12-18-2024 (WEDC) Agenda PacketWylie Economic Development Corporation Board Regular Meeting December 18, 2024 — 7:30 AM WEDC Office Conference Room - 250 South Highway 78, Wylie, Texas 75098 CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE WY LIEECi: COMMENTS ON NON -AGENDA ITEMS Any member of the public may address Board regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Board requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Board 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 Board 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. ,.. Consider and act upon approval of Minutes from the November 20, 2024 Regular Meeting of the WEDC Board of Directors. R.,._ Consider and act upon approval of the November 2024 WEDC Treasurer's Report. REGULAR AGENDA 1..._ Consider and act upon upon issues surrounding the Performance Agreement between the WEDC and MLKJ Investments, LLC. 2,_ Consider and act upon Committee Appointments by the Board. DISCUSSION ITEMS Q.S IDiscussion and updates from WEDC Committees. 05.2_, Staff report: WEDC Property Update, Temporary Access Agreements, Downtown Parking, Engineering Report, Upcoming Events, and WEDC Activities/Programs. EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. 14 p u 'I::J R 11 ES1. Consider the sale or acquisition of properties located at Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, State Hwy 78/Brown, and State Hwy 78/Skyview. See. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. See. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2021-4b, 2021-6c, 2022-lb, 2022-1c, 2023-1c, 2023-2d, 2023-11a, 2023-11b, 2024-2d, 2024-4e, 2024-5a, 2024-5f, 2024-7a, 2024-7b, 2024-7e, 2024-8a, 2024-8b, 2024-8c, 2024-8d, 2024-9b, 2024-9c, 2024-9d, 2024-9e, 2024-9f, 2024-10a, 2024-10b, 2024-10c, 2024-1la, 2024-1lb, 2024-11c, 2024-11d, 2024-1le, 2024-12-a, 2024-12b, and 2024-12c. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. FUTURE AGENDA ITEMS ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on December 13, 2024 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the Board should determine that a closed or executive meeting or session of the Board or a consultation with the attorney for the City should be held or is required, then :pr:9c �2 such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Board at the date, hour and place given in this notice as the Board may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071— Private consultation with an attorney for the City. § 551.072 — Discussing purchase, exchange, lease or value of real property. § 551.073 — Discussing prospective gift or donation to the City. § 551.074 — Discussing personnel or to hear complaints against personnel. § 551.076 — Discussing deployment of security personnel or devices or security audit. § 551.087 — Discussing certain economic development matters. :pr:9 �3 1211812024 Item A. Minutes Wylie Economic Development Corporation Board of Directors Regular Meeting November 20, 2024 — 7:30 A.M. WEDC Offices — Conference Room 250 S Hwy 78 — Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum President Demond Dawkins called the meeting to order at 7:32 a.m. Board Members present were Vice President Blake Brininstool, Whitney McDougall, Harold Smith, and Melisa Whitehead. Ex-Officio Members, Mayor Matthew Porter and City Manager Brent Parker were present. WEDC staff present included Executive Director Jason Greiner, Assistant Director Rachael Hermes, BRE Director Angel Wygant, Research Analyst Marissa Butts, and Office Manager Christy Stewart. INVOCATION & PLEDGE OF ALLEGIANCE Angel Wygant gave the invocation and led the Pledge of Allegiance. COMMENTS ON NON -AGENDA ITEMS With no citizen participation, President Dawkins moved to Consent Agenda. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the WEDC Board of Directors and will be enacted by one motion. There will not be a 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 Minutes from October 16, 2024, Regular Meeting of the WEDC Board of Directors. B. Consider and act upon approval of the October 2024 WEDC Treasurer's Report. Board Action A motion was made by Melisa Whitehead, seconded by Blake Brininstool, to approve the Consent Agenda as amended to correct the spelling of Melisa Whitehead's name in the October Minutes. A vote was taken, and the motion passed 5-0. REGULAR AGENDA 1. Consider and act upon Committee Appointments by the Board. Staff Comments Staff presented this item for the Board's consideration to appoint members to current committees, have an opportunity to change any committees, or eliminate any committees that are no longer needed. Staff stated that the current committees include the Bylaw Committee, Budget, Finance & 1211812024 Item A. WEDC — Minutes November 20, 2024 Page 2 of 3 Audit Committee, and New Business Attraction & Recruitment Committee. The Board discussed adding a Strategic Planning Committee to discuss current and future desired projects. Demond Dawkins, Blake Brininstool, and Harold Smith expressed interest in participating in the new Strategic Planning Committee, and staff noted that a meeting notice would need to be posted 72 hours before scheduled meetings due to the existence of a quorum of the Board. Additionally, the Board discussed eliminating the Bylaw Committee. Board Action A motion was made by Harold Smith, seconded by Blake Brininstool, to remove the Bylaw Committee and add a Strategic Planning Committee. A vote was taken, and the motion passed 5-0. A motion was made by Blake Brininstool, seconded by Melisa Whitehead, to appoint Demond Dawkins, Blake Brininstool, and Harold Smith to the Strategic Planning Committee. A vote was taken, and the motion passed 5-0. DISCUSSION ITEMS DS1. Staff report: WEDC Property Update, Temporary Access Agreements, Downtown Parking, Engineering Report, Upcoming Events, and WEDC Activities/Programs. Staff Comments Staff referred the Board to the Agenda Report provided in the packet for all updates related to WEDC Property Updates, Temporary Access Agreements, Downtown Parking, Engineering Report, Upcoming Events, and WEDC Activities/Programs. Staff discussed the MFG Day/Month activities and the CCIM/Best of Texas Bus Tour. The Board shared their experiences at the Hope Under the Stars event in Downtown Wylie. Staff discussed and confirmed Board availability to attend upcoming events. Staff returned to the engineering report to provide updates regarding the status of ongoing construction sites, noting revisions to the quantities/change order for the retaining wall at FM 544 Gateway and overall project updates across the city. EXECUTIVE SESSION Recessed into Closed Session at 8:01 a.m. in compliance with Section 551.001, et. seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. ES1. Consider the sale or acquisition of properties located at Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, and State Hwy 78/Brown. Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2021-4b, 2021-6c, 2022-1 b, 2022-1 c, 2023-1 c, 2023-2d, 2023-11 a, 2023-11b, 2024-2d, 2024-4e, 2024-5a, 2024-7a, 1211812024 Item A. WEDC — Minutes November 20, 2024 Page 3 of 3 2024-7b, 2024-7e, 2024-8a, 2024-8b, 2024-8c, 2024-8d, 2024-9b, 2024-9c, 2024-9d, 2024-9e, 2024-9f, 2024-10a, 2024-10b, 2024-10c, 2024-11a, and 2024-11b. RECONVENE INTO OPEN SESSION Take any action as a result of the Executive Session. President Dawkins reconvened into Open Session at 10:18 a.m. FUTURE AGENDA ITEMS There were no Items requested for inclusion on future agendas. ADJOURNMENT With no further business, President Dawkins adjourned the WEDC Board meeting at 10:18 a.m. Demond Dawkins, President ATTEST: Jason Greiner, Executive Director 10-1 1211812024 Item 8. WY L I E�D( Wylie Economic Development AGENDA REPORT Meeting Date: December 18, 2024 Item Number: B Prepared By: Jason Greiner Consider and act upon approval of the November 2024 WEDC Treasurer's Report. Motion to approve the November 2024 WEDC Treasurer's Report. Presented for the Board's review and approval is the November 2024 Treasurer's Report detailing the month and year-to- date financial transactions and performance against budget. This report contains the Revenue and Expense Report, Statement of Net Position, Balance Sheet, Sales Tax Report, and the Performance Agreement Summary. REVENUES: Sales Tax Revenue earned in September allocated in November was $446,217.04, a decrease of 2.72% over the same period in 2023. Overall, FY23-24 ended with an increase of 8.37% in sales tax revenue from the year prior. EXPENSES: Advertising $10,350.00 Speak Loud Media Group — Social Media Mgmt/D-S-P Influencer Video Campaign (Oct 24 - Mar 25) Special Services - Infrastructure $41,981.64 Tiseo Paving Company — FM 544 Gateway (Prof 11F) — Est #5 WYLIEECONOMIC D E V E I1I . 0 IF'11' M I Nb N °illl°°w Original Current Total Budget Total Budget Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue Category: 400 - Taxes 11 V 1000 40210 SALES TAX 4,990,217.00 4,990,217.00 Category: 400 - Taxes Total: 4,990,217.00 4,990,217.00 1211812024 Item B. Rev/Exp Report Account Summary For Fiscal: 2024-2025 Period Ending: 11/30/2024 Variance Period Fiscal Favorable Percent Activity Activity (Unfavorable) Remaining 0.00 0.00-4,990,217.00 100.00% 0.00 0.00-4,990,217.00 100.00% Category: 460 - Interest Income III 1000 4 6110 ALLOCATED INTEREST EARNINGS 112,000.00 112,000.00 36,341.37 75,270.33 -36,729.67 32.79 % Category: 460 - Interest Income Total: 112,000.00 112,000.00 36,341.37 75,270.33 -36,729.67 32.79% Category: 480 - Miscellaneous Income 111 1000 48110 RENTAL INCOME 4,800.00 4,800.00 2,500.00 2,500.00 -2,300.00 47.92 % 1.1.1 11700 48410 MISCELLANEOUS INCOME 0.00 0.00 400.00 400.00 400.00 0.00 % 111 1000 48430 GAIN/(LOSS) SALE OF CAP ASSETS 4,121,530.00 4,121,530.00 0.00 0.00 -4,121,530.00 100.00% Category: 480 - Miscellaneous Income Total: 4,126,330.00 4,126,330.00 2,900.00 2,900.00 -4,123,430.00 99.93% Revenue Total: 9,228,547.00 9,228,547.00 39,241.37 78,170.33 -9,150,376.67 99.15% Expense Category: 510 - Personnel Services 111 56111 11„11Qj,, SALARIES 470,558.40 470,558.40 52,908.59 69,106.02 401,452.38 85.31% 111 15611 11„,110' LONGEVITY PAY 2,807.68 2,807.68 2,664.00 2,664.00 143.68 5.12 % 111 1561V 11310 TMRS 74,649.83 74,649.83 8,613.75 11,124.36 63,525.47 85.10% 11,1 1561 V 51,1110, HOSPITAL & LIFE INSURANCE 79,943.76 79,943.76 6,607.42 13,007.14 66,936.62 83.73 % 11,1 1561 V 51420 LONG-TERM DISABILITY 1,741.07 1,741.07 161.60 161.60 1,579.47 90.72 % 111 15611 51,440 FICA 29,348.70 29,348.70 3,255.93 4,167.92 25,180.78 85.80 % IIV 15611 514150 MEDICARE 6,863.81 6,863.81 761.45 974.73 5,889.08 85.80 % II15611 51470 WORKERS COMP PREMIUM 994.07 994.07 724.00 724.00 270.07 27.17 % 111 15611 51,480 UNEMPLOYMENT COMP (TWC) 585.00 585.00 0.00 0.00 585.00 100.00% Category: 510 - Personnel Services Total: 667,492.32 667,492.32 75,696.74 101,929.77 565,562.55 84.73% Category: 520 - Supplies 111 "5611 52010 OFFICE SUPPLIES 5,000.00 5,000.00 153.30 285.49 4,714.51 94.29 % 111 "5611 520,10 POSTAGE & FREIGHT 300.00 300.00 4.85 4.85 295.15 98.38 % III "s611 52810 FOOD SUPPLIES 3,000.00 3,000.00 173.22 216.45 2,783.55 92.79 % Category: 520 - Supplies Total: 8,300.00 8,300.00 331.37 506.79 7,793.21 93.89% Category: 540 - Materials for Maintenance 111 5611 54610 FURNITURE & FIXTURES 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00% 111 5611 54810 COMPUTER HARD/SOFTWARE 7,650.00 7,650.00 0.00 0.00 7,650.00 100.00% Category: 540 - Materials for Maintenance Total: 10,150.00 10,150.00 0.00 0.00 10,150.00 100.00% Category: 560 - Contractual Services 111 56111 15607 0) INCENTIVES 1,741,250.00 1,741,250.00 0.00 0.00 1,741,250.00 100.00% 111 5611 15604C, SPECIAL SERVICES 87,270.00 87,270.00 157.50 157.50 87,112.50 99.82 % 111 5611 156041 1 SPECIAL SERVICES -REAL ESTATE 71,000.00 71,000.00 100.00 1,654.83 69,345.17 97.67 % 111 5611 1604), SPECIAL SERVICES-INFRASTRUCTUR 9,020,667.00 9,020,667.00 41,981.64 41,981.64 8,978,685.36 99.53 % 111 1561 V 156080 80 ADVERTISING 226,125.00 226,125.00 14,173.62 25,182.58 200,942.42 88.86 % 111 1561 V 56090 COMMUNITY DEVELOPMENT 74,450.00 74,450.00 5,596.52 7,907.92 66,542.08 89.38 % 111 1561 V 561 10 COMMUNICATIONS 7,900.00 7,900.00 511.04 511.04 7,388.96 93.53 % 111 15611 56180 RENTAL 27,000.00 27,000.00 2,250.00 4,500.00 22,500.00 83.33 % 11,1 15611 56,210 TRAVEL & TRAINING 95,500.00 95,500.00 1,428.37 14,194.75 81,305.25 85.14 % IIV 15611 562150 DUES & SUBSCRIPTIONS 91,053.00 91,053.00 7,675.05 32,924.27 58,128.73 63.84 % 111 15611 56110 INSURANCE 6,800.00 6,800.00 5,816.85 5,816.85 983.15 14.46 % 111 15611 'Yv; 510 AUDIT & LEGAL SERVICES 53,000.00 53,000.00 0.00 0.00 53,000.00 100.00% 111 15611 56570 ENGINEERING/ARCHITECTURAL 855,300.00 855,300.00 1,675.00 1,675.00 853,625.00 99.80 % 111 "5611 56610 UTILITIES -ELECTRIC 2,400.00 2,400.00 205.34 205.34 2,194.66 91.44% Budget Report 1211812024 Item 8. For Fiscal: 2024-2025 PeriodEnding: Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Category: 560 - Contractual Services Total: 12,359,715.00 12,359,715.00 81,570.93 136,711.72 12,223,003.28 98.89% Category: 570 - Debt Service & Capital Replacement 111 5611 57410 PRINCIPAL PAYMENT 606,744.04 606,744.04 51,304.25 102,433.21 504,310.83 83.12 % 111 5611 57415 INTEREST EXPENSE 625,253.60 625,253.60 51,362.22 102,899.73 522,353.87 83.54 % Category: 570 - Debt Service & Capital Replacement Total: 1,231,997.64 1,231,997.64 102,666.47 205,332.94 1,026,664.70 83.33% Category: 580 - Capital Outlay p"p.;p 5611 '18110 LAND -PURCHASE PRICE 1,000,000.00 1,000,000.00 0.00 0.00 1,000,000.00 100.00 % Category: 580 - Capital Outlay Total: 1,000,000.00 1,000,000.00 0.00 0.00 1,000,000.00 100.00% Expense Total: 15,277,654.96 15,277,654.96 260,265.51 444,481.22 14,833,173.74 97.09% Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit): -6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 93.94% Report Surplus (Deficit): -6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 93.94%,. Budget Report Category Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue 400 - Taxes 460 - Interest Income 480 - Miscellaneous Income 12/18/2024 Item 8. For Fiscal: 2024-2025 Period Ending: Group Summary Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 4,990,217.00 4,990,217.00 0.00 0.00 -4,990,217.00 100.00% 112,000.00 112,000.00 36,341.37 75,270.33 -36,729.67 32.79% 4,126,330.00 4,126,330.00 2,900.00 2,900.00 -4,123,430.00 99.93% Revenue Total: 9,228,547.00 9,228,547.00 39,241.37 78,170.33 -9,150,376.67 99.15% Expense 510 - Personnel Services 667,492.32 667,492.32 75,696.74 101,929.77 565,562.55 84.73% 520 - Supplies 8,300.00 8,300.00 331.37 506.79 7,793.21 93.89% 540 - Materials for Maintenance 10,150.00 10,150.00 0.00 0.00 10,150.00 100.00% 560 - Contractual Services 12,359,715.00 12,359,715.00 81,570.93 136,711.72 12,223,003.28 98.89% 570 - Debt Service & Capital Replacement 1,231,997.64 1,231,997.64 102,666.47 205,332.94 1,026,664.70 83.33% 580 - Capital Outlay 1,000,000.00 1,000,000.00 0.00 0.00 1,000,000.00 100.00% Expense Total: 15,277,654.96 15,277,654.96 260,265.51 444,481.22 14,833,173.74 97.09% Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit): -6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 93.94% Report Surplus (Deficit): -6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 93.94% Fo Budget Report 12/18/2024 Item 8. For Fiscal: 2024-2025 Period Ending: Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111 - WYLIE ECONOMIC DEVEL CC-6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 Report Surplus (Deficit):-6,049,107.96 -6,049,107.96 -221,024.14 -366,310.89 5,682,797.07 P,Mgc 'I :.,i gip. 11 1 1211812024 Item 8. Wylie Economic Development Corporation Statement of Net Position As of November 30, 2024 Assets Cash and cash equivalents Receivables Inventories Prepaid Items Total Assets Deferred Outflows of Resources Pensions Total deferred outflows of resources Liabilities Accounts Payable and other current liabilities Unearned Revenue Non current liabilities: Due within one year Due in more than one year Total Liabilities Deferred Inflows of Resources Pensions Total deferred inflows of resources Net Position Net investment in capital assets Unrestricted Total Net Position $ 12,969,899.08 $ 717,000.00 Note 1 $ 14,645,353.88 $ 28,332,252.96 $ 114,336.55 $ 114,336.55 $ 130,651.85 $ 1,200.00 Note 2 $ 582,787.63 Note 3 $ 14,528,089.43 $ 15,242,728.91 $ (8,336.41) $ (8,336.41) $ 13,195,524.19 $ 13,195,524.19 Note 1: Includes incentives in the form of forgivable loans for$67,000 (Glen Echo), $450,000 (Phoenix Ascending), and $200,000 (MLKJ) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of $32,301 12 WYLIEE C O IID'M,J O M II C D E V E L, 0 IP IINI IE "r Account Name Fund: 111 - WYLIE ECONOMIC DEVEL CORP Assets J.J.J.-1000-10110 CLAIM ON CASH AND CASH EQUIV. J.J.'J 11000 301.1.5 CASH - WEDC - INWOOD J.J.J.-1000-10135 ESCROW 111 J000 3,01,80 DEPOSITS JJJ-1000-10198 OTHER- MISC CLEARING 1.1.1.:O.v"JN) 10341 TEXPOOL J.J.J.- J 000-J 0343 LOGIC 111.:WOO 3,04R?1. INTEREST RECEIVABLE J.J.J.-J000-J 1511 ACCTS REC - MISC J.J.J.:WOO 11.51.7 ACCTS REC - SALES TAX J.J.J.-1000-12810 LEASE PAYMENTS RECEIVABLE 13,3, :1.000 3,2950 LOAN PROCEEDS RECEIVABLE JJJ J000-112996 LOAN RECEIVABLE 133 .1.000 3,2997 ACCTS REC - JTM TECH J J J-J000-112998 ACCTS REC - FORGIVEABLE LOANS 133 1000 34112 INVENTORY- MATERIAL/ SUPPLY J.J.J.-1000-114116 INVENTORY- LAND & BUILDINGS 3,33 1000 34118 INVENTORY - BAYCO/ SANDEN BLVD 111111-J000-J4310 PREPAID EXPENSES - MISC 1,11 1.000 3441.0 DEFERRED OUTFLOWS Total Assets: Liability JJJ-2000-20110 J.J.'J 2000 2011.1. JJJ-2000-20112 2JJ-2000 20114 1.1.1 2000 2 01 '15 2JJ-2000 2-0 1 16. 1.1.1, 2000 201.1, % 1 -200-0 20118. 1.1.1, 2000 201,1,9 1 -2000 20120 11,1, 2000 201,21. J. J 11- 2000-20122 3.33 2000 201,23 2JJ-2000 20124 3.33 2.000..201,25 2JJ-2000 20125 3.33, 2000 201,27 J1111-2000 20130 J.11.2000. 201.,31. 111111-2000-20132 1,11 2000 201,33 JJJ-2000-20151 1.:11, 2000 201.80 J J J-2000-20199. J.J.'J 2000 20201. JJJ-2000-20210 11.1 2000 20530 111-2000-20540 1.1.1. 2000 2061.0 FEDERAL INCOME TAX PAYABLE MEDICARE PAYABLE CHILD SUPPORT PAYABLE CREDIT UNION PAYABLE IRS LEVY PAYABLE NATIONWIDE DEFERRED COMP HEALTH INSUR PAY -EMPLOYEE TMRS PAYABLE ROTH IRA PAYABLE WORKERS COMP PAYABLE FICA PAYABLE TEC PAYABLE STUDENT LOAN LEVY PAYABLE ALIMONY PAYABLE BANKRUPTCY PAYABLE VALIC DEFERRED COMP ICMA PAYABLE EMP. LEGAL SERVICES PAYABLE FLEXIBLE SPENDING ACCOUNT EDWARD JONES DEFERRED COMP EMP CARE FLITE Unemployment Comp Payable ACCRUED WAGES PAYABLE ADDIT EMPLOYEE INSUR PAY MISC PAYROLL PAYABLE AP PENDING ACCOUNTS PAYABLE PROPERTY TAXES PAYABLE NOTES PAYABLE RETAINAGE PAYABLE Balance 12,967,899.08 0.00 0.00 2,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 717,000.00 0.00 14,645,353.88 0.00 0.00 1,010,500.00 29,342,752.96 0.00 0.00 0.00 0.00 0.00 0.00 -2,532.53 220.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,699.96 0.00 -3.00 13.70 0.00 49.46 0.00 0.00 0.00 0.00 1,010,500.00 131,203.59 29,342,752.96 1211812024 Item B. Balance Sheet Account Summary As Of 11/30/2024 1 0,2,1 'b:w'? ,(1 13 Balance Sheet 1211812024 Item B. As UT 11/3U/ZUZ4 Account 111-2000 20m010 1.11,.20110 222I0 111 2000 22275 1.1,1, 2000 12280 111 2000 22915 Equity 111-3000- 3-4110 113 $yY00 34590 Total Revenue Total Expense Revenues Over/Under Expenses Name Balance DUE TO GENERAL FUND 0.00 DEFERRED INFLOW 0.00 DEF INFLOW - LEASE PRINCIPAL 0.00 DEFERRED INFLOW - LEASE INT 0.00 RENTAL DEPOSITS 1,200.00 Total Liability: 1,142,351.85 FUND BALANCE - RESERVED 0.00 FUND BALANCE-UNRESERV/UNDESIG 28,566,712.00 Total Beginning Equity: 28,566,712.00 78,170.33 444,481.22 -366,310.89 Total Equity and Current Surplus (Deficit): 28,200,401.11 Total Liabilities, Equity and Current Surplus (Deficit): 29,342,752.96 I 0,2d ,b:9') 2 I ,(1 14 Balance Sheet Account Name Balance Fund: 922 - GEN LONG TERM DEBT (WEDC) Assets Total Assets: 0.00 0.00 Liability 922-2.00 -28248 GOVCAP LOAN/SERIES 2022 7,281,368.05 Total Liability: 7,281,368.05 Total Equity and Current Surplus (Deficit): 0.00 Total Liabilities, Equity and Current Surplus (Deficit): 7,281,368.05 ***FUND 922 OUT OF BALANCE*** -7,281,368.05 1211812024 Item B. As UT 11/3U/ZUZ4 ***Warning: Account Authorization is turned on. Please run the Unauthorized Account Listing Report to see if you are out of balance due to missing F15 1211812024 Item 8. Wylie Economic Development Corporation SALES TAX REPORT November 30, 2024 BUDGETED YEAR DIFF % DIFF MONTH FY 2021 FY 2022 FY 2023 FY 2024 23 vs. 24 23 vs. 24 DECEMBER $ 235,381.33 $ 263,577.66 $ 338,726.54 $ 374,686.38 $ 35,959.83 JANUARY $ 262,263.52 $ 326,207.92 $ 368,377.73 $ 393,994.39 $ 25,616.67 FEBRUARY $ 456,571.35 $ 417,896.79 $ 480,381.11 $ 265,491.94 $ (214,889.17) MARCH $ 257,187.91 $ 305,605.50 $ 313,686.17 $ 577,757.71 $ 264,071.54 APRIL $ 221,881.55 $ 265,773.80 $ 310,050.94 $ 341,335.06 $ 31,284.12 MAY $ 400,371.70 $ 401,180.20 $ 434,878.33 $ 448,671.55 $ 13,793.21 JUNE $ 290,586.92 $ 343,371.26 $ 330,236.89 $ 377,949.25 $ 47,712.37 JULY $ 314,559.10 $ 331,432.86 $ 379,162.00 $ 374,225.20 $ (4,936.80) AUGUST $ 390,790.76 $ 429,696.16 $ 448,253.70 $ 463,185.29 $ 14,931.59 SEPTEMBER $ 307,681.15 $ 337,512.61 $ 371,880.65 $ 408,571.56 $ 36,690.91 OCTOBER $ 326,382.38 $ 346,236.36 $ 377,466.67 $ 402,154.81 $ 24,688.13 NOVEMBER $ 411,813.32 $ 392,790.84 $ 458,694.91 $ 446,217.04 $ (12,477.87) Sub -Total $ 3,875,470.98 $ 4,161,281.96 $ 4,611,795.64 $ 4,874,240.16 $ 262,444.52 10.62% 6.95% -44.73% 84.18% 10.09% 3.17% 14.45% -1.30% 3.33% 9.87% 6.54% -2.72% 8.37% Total $ 3,875,470.98 $ 4,161,281.96 $ 4,611,795.64 $ 4,874,240.16 $ 262,444.52 8.37% W111:.DC Sallies rax Ainalllysis $700,000 $600,000 $S00,000 $400,0 :)0 2023 $300,000 IIIIIII 2.02.4 $200,000 $100,000 $0 41ac �t >m Ilan 1��a Oy Sales Tax collections typically take 2 months to be reflected as Revenue. 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Q Q C7 U d O 21 N N 0 W a a LL a d m ci 1 1211812024 Item 1. 1 WYLIEIJ:: Meeting Date: December 18, 2024 Prepared By: Jason Greiner Wylie Economic Development AGENDA REPORT Item Number: Consider and act upon issues surrounding the Performance Agreement between the WEDC and MLKJ Investments, LLC. As the Board will recall, the WEDC approved a Performance Agreement with MLKJ Investments, LLC in the amount of $80,000 on November 15, 2023. According to Section 2. (a) of the Performance Agreement, the CC deadline for this project is one year after the effective date of 12-1-23: 2, 'rhe'WEI)C's oNigation. to provide Company with the Economic Assistance stipiflated abovc is oxpres,,sly contingent upon Cornpany cuniplelhqg the 6ollowing. kniq (die "flerformance Obligations")- by the due dates set forth bclow: �11 11-11,11,111,111,111,ll,",""'I ............... (a) YcarOtw. Ecoriornic Assistance will be provided to the Cornpany in the. form of(i), forgiveness ofa portion Mftl)e Seller Note inani airloilin Doi to cxcced Fifty Thousand Dollars($50,00101.00) plus ariy accrucd inkorest, and (i) payment of aqualified !infrastructure j�ncerifivc in an anion nt not, to cicoed 17'ortyThousand Doliars ($40,,()00 00) upoin cc')rnpletiurl of the k0lowing Perfumiance Obli,gation.,; for Year One; i. (2c)n1pany Shall C1(,)n.Strt]ct or, cause to be constructed Building A on the Property, as evidenced by a Certificate of Complefii,)ji (V latter fronii the City's Chief Building Official (a "Certificate of Coi q ip Building A,, no Later than one (1) year Liter the E'Mcfive Date of t1iis Agreement (the "Bui,lidin,A CC lkadfine provided, however, that (Ilompany sh,al I havc the right to extend the Buflding,u� C 18 1 1211812024 Item 1. 1 Deadline Iwo (2) tinies for periodso I', ninety (90)additional days each by providing 'written, n0ficc Olereof to NNTDC prior to, the Building A. CC Deadline; ii, Complany shallsupply diocuinentation to the W I DC, verHyingthelotal protect cost as evidenced by paid iiavoices. no Wer than file Building A CC Deadline, iii, Co�lllpaitly shall SuIll,)ly docunientation to 1hQ'WFDC that the Qvafilficd lafntstructure for Building A has been eurnpleted and that the cos't of coristructing fhe- Qualified Infrastructure R)ir Building A wa.,,i Last'Ywoi i lundred Eighty I'll ousia nd Dollars ($28io,00101.0,01), noi later tltan 1he Hudding A C(' Deadline; and iv. Conipany shall be currcnt on, will ad valoren.l. wNes, and other property laxes due on, Lhc Prolicrty through the Ruilding A CC' De�adline and provide written 1106CO alld evidetice of' such payint-,rit to "i'in a forryi &&s1ractioty to WFDC; and V. Conapany shall supply doeun'aentaflon tan the WILDC'on or before the B.iifdliig A CC" Dvadline that Conipany has paid on time all Ices msociatcd with cons,truction of 11W[ding A including, but n,ot limit"I to, Building Permit Fee llhirnbiniZ, Mechanical, and Electrical PermiL Fees, Fire Inspectioti Fee, Firc Departalum Man Review Fee Firie Developincilt Fee., 11oroughfarc Irrnpaact Fee, Water & Sewer Impact Fees, third party review of lire Sprinkle and Fire Alarm plans, and ali other inspection teQ,; not specifically named that may Inc. applicable U) the construction of Ruilding,A. This item is being brought back to the Board for consideration due to delays in the construction timeline. Attachment 0 Performance Agreement 1 1211812024 Item 1. 1 BETWEEN WYLIE ECONOMIC DEVELOPMENT CORPORATION AND MLKJ INVESTMENTS, LLC This PERFORMANCE AGREEMENT (the "A reemg.tit") is entered into by and between g,— — the YLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas corporation (11)KE—DC11) and'MLK.J INVESTMENTS LLC, aTexas limited liability company ("(,'.9nipany"). RECITALS: WHEREAS, Company is purchasing from the WEDC, Lots 2, 3, and 4 of Wyndam Estates, Phase 111, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in VolunicF, Page 579, Plat Records of Collin County, Texas (the "Property"), for the purchase price of P'Ne Hundred Thousand and N61100ths Dollars ($500,000,00), according to the terms and conditions of a Real Estate Sales Contract by and between the parties dated Septernber2l, 2022 (the "Contract"); WHEREAS, pursuant to the terms of the Contract, at closing, the Company shall pay WEDC the sum of $300,000.00 in cash, with the balance of the purchase price being in the form of a promissory note executed by Company and payable to WEDC in the amount of $200,000.00 (the "Seller Note"), which is secured by a Deed of Trust upon the Property ("Deed of Trust"); WHEREAS, Company intends to construct on the Property (i) a new spec office building containing at least 25,000 square feet of space ("Buildin , A"), and (4) a new spec office building j=,_- containing at least 20,000 square feet of space ("Building B" and together with Building A, the "Imprqyj(-Lnents"); WHEREAS, Company may qualify for forgiveness of all or a portion of the debt evidenced by the Seller Note in accordance with the terms of the Seller Note, subject to Company's satisfaction of the Performance Obligations set forth below; WHEREAS, Company has also requested financial and/or economic assistance from the WEDC to plan and construct certain infrastructure improvements to assist in the development of Building A. and Building B, consisting of economic assistance for all hard and soft costs relating to the construction of public infrastructure and site improvements on or adjacent to the Property; and WHEREAS, Section 501.103 of (lie Act states that the WEDC may provide funding for expenditures that are found by the Board of Directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements (the "( u�Ali ed Infrastructure"); and WHEREAS, Company proposes to use the economic incentives for the construction of the Qualified Infrastructure which will include approved public infrastructure improvements and Performance Agreement Between Wylie Economic Development Corporation and MLKJ Investments LIX Page I 3674179vl F 20 1 1211812024 Item 1. 1 site improvements as may be amended from time to time, necessary for the development of the Property; and WHERrq,AS, the WEDC has found that the Qualified Infrastructure is necessary to promote or develop new or expanded business enterprises in the City and the WEDC has concluded that the Qualified Infrastructure constitutes a "project", as that term is defined in the Act, and is willing to provide Company with economic assistance as hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement; and WHEREAS, for the public purpose of promoting economic development and diversity, increasing employment, reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activities in the State of Texas, and the City of Wylie, the WEDC desires to offer economic assistance to Company as more particularly described in this Agreement. NOW, 'I for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged., the WEDC and Company agree as follows: I . Economic Assistance. Subject to the terms of this Agreement and provided Company is not in default, the WEDC will provide Company economic assistance in the form of (a) forgiveness of all or a portion of the Seller Note over a three (3) year period, in an amount not to exceed $200,000.00, plus interest in the aggregate, and (b) perflon-nance incentives in an amount not to exceed $80,000.00 in the aggregate (collectively, the "Economic Assistance") upon completion of the Performance Obligations set forth below. The total amount of economic assistance and/or incentives to be paid to the Company, including forgiveness of the Seller Note and payment ofthe qualified infrastructure incentives, shall not exceed the cumulative sum of Two Hundred Eighty Thousand Dollars ($280,000.00). 2. Performance - QhligAti2pLs. The WEDC's obligation to provide Company with the Economic Assistance stipulated above is expressly contingent upon Company completing the following items (the "Performance ()bligations") by the due dates set forth below: (a) Year One. Economic Assistance will be provided to the Company in the form of (i) forgiveness of a portion of the Seller Note in an amount not to exceed Fifty Thousand Dollars ($50,000.00) plus any accrued interest, and (ii) payment of a qualified infrastructure incentive in an amount not to exceed Forty Thousand Dollars ($40,000.00) upon completion of the following Performance Obligations for Year One; i. Company shall construct or cause to be constructed Building A on the Property, as evidenced by a Certificate of Completion or letter from the City's Chief Building Official (a "Certificate of Co�n�letion") for Building A, no later than one (1) year after the Effective Date of this Agreement (the "Building A CC Deadline"), provided, however, that Company shall have the right to extend the Building A CC Performance Agreement Between Wylie Economic Development Corporation and MLKJ Investments LLC Page 2 3674179vl F 21 1 1211812024 Item 1. 1 Deadline two (2) times for periods of ninety (90) additional days each by providing written notice thereof to WEDC prior to the Building A CC Dead] ine; ii. Company shall supply documentation to the WFDC verifying the total project cost as evidenced by paid invoices, no later than the Building A CC Deadline; and iii, Company shall supply documentation to the WEDC that the Qualified Infrastructure for Building A has been completed and that the cost of constructing the Qualified Infrastructure for Building A. was at least 'Two I lundred Eighty Thousand Dollars ($280,000.00) no later than the Building A CC Deadline; and iv. Company shall be current on all ad valorem taxes and other property taxes due on the Property through the Building A CC Deadline and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC; and V. Company shall supply documentation to the WEDC on or before the Building A CC Deadline that Company has paid on time all fees associated with construction of Building A including, but not limited to, Building Permit Fee, Plumbing, Mechanical, and Electrical Permit Fees, Fire Inspection Fee, Fire Department Plan Review Fee Fire Development Fee, Thoroughfare Impact Fee, Water & Sewer Impact Fees, third party review of Fire Sprinkle and Fire Alarm plans, and all other inspection fees not specifically named that may be applicable to the construction of Building A. (b) Year Economic Assistance will be provided to the Company in the form of (i) forgiveness of a portion of the Seller Note in an amount not to exceed Fifty Thousand Dollars ($50,000.00), plus any accrued interest, and (ii) payment of a qualified infrastructure incentive in an amount not to exceed Forty Thousand Dollars ($40,000.00) upon completion of the following Performance Obligations for Year Two; i. Company shall obtain a permanent Certificate of Occupancy from the City for at least 12,500 square feet within Building A, no later than one (I) year after the Building CC Deadline, as the same may have been extended (the "BUildit a A CO Deadline"); ii. Company shall be current on all ad valorem taxes and other property taxes due on the Property through the Building A CO Deadline and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC; and iii, Company shall supply documentation to the WEDC on or before the Building A CO Deadline confirming that Company and/or its successors or assigns has maintained continuous ownership of Building A, or providing the WEDC with the mane and address of each new owner or lessee of all or part of Building A, as applicable. Performance Agreement Between Wylie Economic Development Corporaflon and MLKJ Investments LLC Page 3 3674179v1 — F 22 1 1211812024 Item 1. 1 (c) Year 'Three, Economic Assistance will be provided to the Company in the form of forgiveness of a portion of" the Seller Note in an amount not to exceed Fifty Thousand Dollars ($5 0,000, 00), plus any accrued interest, upon completion of the following Performance Obligations for Year Three; i . Company shall construct or cause to be constructed Building B on the Property, as evidenced by a Certificate of Completion or letter from the City's Chief' Building Official (a "Certificate o C f Lornpjet ") for Building B, no later than two (2') years after the Building A CC Deadline ('the "Buitdimz B CC Deadline"); ii. Company shall be current on all ad valorem taxes and other property taxes due on the Property through the Building B CC Deadline and provide written notice and evidence ol'such payment to WEDC in a form satisfactory to WEDC; and iii. Company shall supply documentation to the WI..,'.I)C on or before the Building B CC Deadline that Company has paid on time all fees associated with. construction of Building 13 including, but not limited to, Building Permit Fee, Plumbing, Mechanical, and Electrical. Permit Fees, Fire Inspection Fee, Fire Department Plan Review Fee Fire Development Fee, Thoroughfare Impact Fee, Water & Sewer Impact Fees, third party review of Fire Sprinkle and Fire Alarm plans, and all other inspection fees not specifically named that may be applicable to the construction of Building 13; and iv. Company shall supply documentation to the WEDC on or before the Building B CC Deadline confirming that Company and/or its successors or assigns has maintained continuous ownership of Building B, or providing the WI DC with the name and address of each new owner or lessee of all or part of Building B, as applicable. (d) Year Four. Economic Assistance will be provided to the Company in the farm of forgiveness of a portion of the Seller Note in an amount not to exceed Fifty Thousand Dollars ($50,000.00), plus any accrued interest, upon completion of the following Performance Obligations for Year Four; i. Company shall obtain a permanent Certificate of Occupancy from the City for at least 15,000 square feet within Building B, no later than. three (3) years after the Building A CC Deadline (the "Building B QQ Deadlime"); ii, Company shall be current on all ad valorem taxes and other property taxes due on, the Property through the Building B CO Deadline and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC; and iii. Company shall supply documentation to the WEDC verifying the total project cost as evidenced by paid i tivoices, no later than the Building B CO Deadline; and Performance Agreement Between Wylie Economic Development Corporation and MLKJ investments LLC Page 4 3674179v1— F 23 1 1211812024 Item 1. 1 iv. Company shall supply documentation to the WEDC on or before the Building B CO Deadline confirming chat Company and/or its successors or assigns has niaintairled continuous ownership offluilding A and Building B, or providing the WEDC with the name and address of each new owner or lessee of all or part of Building A and Building B, as applicable. 3. Term of the Economic Assistance. Notwithstanding anything to the contrary herein contained, this Agreement shall. be null and void if the Company fails to satisfy the Performance Obligations to qualify for Economic Assistance described in paragraph 2 above (as further defined in paragraph 5), or in the event of the following (collectively a "Default"): (a) Any event of bankruptcy incurred by Company. (b) 'The conveyance by Company of its interest in. the Property and Improvements without the express written consent of the WEDC prior to the expiration of four (4) years from the Effective Date of this Agreement, such written consent of the WEDC not to be unreasonably withheld, conditioned or delayed.. (&) The non-payment of property taxes prior to the delinquency date imposed by the City of Wylie, Wylie Independent School District, Collin County Community College, and Collin County in a timely manner. 4. lament of Economic Assistance. Subject to the terms and conditions of this Agreement, the WEDC must mark Seller Note "paid in lull", and release the Vendor's Lien and Deed of Trust lien, upon Company satisfying the criteria to qualify for Economic Assistance for Year One, Year Two, and Year Three, as described in paragraph 2 above, except as provided in the last sentence of Section 5 below. 5. Event ofDefault by Co mpany. In the event of a Default by Company, WEDC may declare Company in Default of the Agreement in which event WEDC must provide Company with written notice of the particular Default. Company shall have thirty (30) days from the written notice to cure the said Default. In the event, Company -fails to cure the Default within such thirty (30) days, the Agreement shall become null and void with all future economic incentive payments and future forgiveness associated with the Setter Note suspended, The WEDC will not however pursue repayment of any previous Economic Incentive payments and any past forgiveness associated with the Seller Note. G. Miscellaneous. (a) This Agreement may not be assigned by Company without the prior written consent of the WEDC, which consent shall be within the sole discretion of the WEDC. (b) '['his Agreement contains the entire Agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by mutual written agreement of the parties hereto. Perforniance Agreement Between Wylie Economic Development Corporation and MLKJ Investments LLC Page 5 36741790 — F 24 1 1211812024 Item 1. 1 (c) The Agreement shall be construed in accordance with the laws of the State of Texas and shall be per -formable in Collin County, Texas. (d) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (e) The individuals executing this Agreement on behalf of the respective parties below represent to each other and to the others that a.] 1 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 such 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 such signature hereto is authorized to do so, and such authorization is valid and. effective on the date thereof. (1) This Agreement is executed by the parties hereto without coercion or duress and Im substantial consideration, the sufficiency of which is forever confessed. (g) Any notice provided or under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the WEDC shall be sufficient if made or addressed to the President, Wylie Economic Development Corporation, 250 State highway 78 South, Wylie, "Texas 75098. Notice to Company shall be sufficient if made or addressed to 1,0104 Claiborne Lane, Frisco, Texas 75033, until the issuance of the CO and thereafter to the address assigned to the Property. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. (h) This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original f-br all purposes. (i) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be valid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as is such invalid, illegal or unenforceable provision had never been contained herein. (j) 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. (k) Time is of the essence in the Agreement. 0) The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. Performance Agreement Between Wylie Economic Development Corporation and M1,KJ Investments LLC Page 6 36741790 — F 25 1 1211812024 Item 1. 1 (m) Under Chapter 2264 of the Texas Local GOVeMMCDt Code, the Company has submitted the required certification that the business, or a. branch, division, or department of the business, does not and will not knowingly employ an. undocumented worker. An. undocumented worker ineans an individual who, at the time of employment, is not lawftilly admitted for permanent residence to the United States or authorized under the law to be employed in that manner in the tJnited States. ffafter receiving this public subsidy/grant from the FEDC, the Company, or a branch, division, or department of the business, is convicted of a violation under 8 U.S.C. Section 1.324a(f), the Company shall repay the amount of the public subsidy/grant from the FEDC with interest, at the rate and according to the terms provided. by this Agreement under Section 2264.053, but not later than the 120th day after the date the public agency, state or local taxing jurisdiction, or economic development corporation notifies the Company of the violation. [SIGNATURE PAGE FOLLOWS] Performance Agreement Between Wylie Economic Development Corporation and MLKJ Investments 1, , LC Page 7 3674179v1. — F 26 1 1211812024 Item 1. 1 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below (the "Effective Date"). Wylie Economic Development Cotporation, a Texas corporation. By: . . .................................... . .. . . .............. . . .Melisa Whitehead, President Date of Execution: I -1-02,113 . . . ............ MI,KJ Investments LLC, ,,, Texas limited liability company By: TIR PROFITS, INC., a Texas corporation, Manager By: �-Cdnsour Khayal, President By: Ojos Investments LIX, a Texas limited liability company, Manager By: Jaime. -,ipszyc, M naje I/� zz Date of Execution: ? ".. . Performance Agreement Between Wylie Economic Developinent Corporation and MLKJ Investments LLC Page 8 3674179vl F 27 1211812024 Item 2. WY L I E.. °°°°°°. Wylie Economic Development ���mmmmm�� m��mm������������������,... Board AGENDA REPORT Meeting Date: December 18, 2024 Item Number: 2 Prepared By: Jason Greiner Consider and act upon Committee Appointments by the Board. Motion to appoint and to the Committee(s) of the WEDC. Discussion Provided for the Board's review is Section VI — Committees of the WEDC Bylaws. Section VI provides for the qualifications and selection for Committee Membership. Section 6.01 - Qualifications for Committee Membership. "Members of committees shall be appointed by the President and approved by the Board. Committee members need not be members of the Wylie Economic Development Corporation unless required by these Bylaws or Board resolution." Per the Bylaws, Standing Committees of the Board may include: • Budget, Finance and Audit Committee • Committee for Business Retention and Expansion • Committee for New Business Attraction and Recruitment Current Committees of the Board: • Budget, Finance and Audit Committee — Demand Dawkins and Melisa Whitehead • New Business Attraction and Recruitment Committee — Blake Brininstool and Whitney McDougall • Strategic Planning Committee — Demond Dawkins, Blake Brininstool, and Harold Smith Section 6.03 — Special Committees: "The President may determine from time to time that other committees are necessary or appropriate to assist the Board of Directors, and shall designate, subject to Board approval, the members of the respective committees." Section 6.04 — Term of Committee Members "Each member of a cominittee shall continue as such until the next appointment of the Board of Directors and until his/her successor on the committee is appointed, unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors, or unless such member be removed from such committee. Any committee member may be removed from committee membership by the President, with Board approval, whenever in their judgment the best interests of the Corporation would be served by such removal." Attachment: WEDC Bylaws, Section VI 28 1211812024 Item 2. or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of Directors of its discretion and policy -making functions in discharging the duties herein above set forth in this section. ARTICLE VI COMMITTEES 6.01 Qualifications for Committee Membership Members of committees shall be appointed by the President and approved by the Board. Committee members need not be members of the Wylie Economic Development Corporation unless required by these Bylaws or Board resolution. 6.02 Standing Committees The President shall have authority to appoint the following standing committees of the Board and such other committees as the Board may deem appropriate in the future: Budget, Finance and Audit Committee: This committee shall have the responsibility of working with the Director, or the contractual entity performing as Director as the case may be, in the formation and promotion of the annual budget of the Board. The Committee shall present such budget to the Board and, upon approval, shall present, in accordance with these Bylaws, said budget to the City Council. In addition to the preparation of the budget, the committee shall keep the Board advised in such matters. The Committee shall further have the responsibility to oversee and work with auditors of the City or outside auditors when audits of the Board are being performed. Committee for Business Retention and Expansion: This committee shall work with the Director of Economic Development and shall keep the Board informed of all development and activities concerning business retention and expansion. Committee for New Business Attraction and Recruitment: This committee shall work with the Director of Economic Development and shall keep the Board informed of all developments and activities concerning business attraction and recruitment. 6.03 Special Committees The President may determine from time to time that other committees are necessary or appropriate to assist the Board of Directors, and shall designate, subject to Board approval, the members of the respective committees. No such committee shall have independent authority to act for or instead of the Board of Directors with regard to the following matters: amending, altering, or repealing the Bylaws; electing, appointing, or removing any member of any such committee or any Director or Officer of the Corporation; amending the Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation; authorizing the voluntary dissolution of the Corporation or revoking the proceedings thereof; adopting a plan for the distribution of the assets of the Corporation; or amending, altering, or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered, or repealed by such committee. 29 1211812024 Item 2. The designation and appointment of any such committee and delegation to that committee of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed on it or on him/her by law or these Bylaws. 6.04 Term of Committee Members Each member of a committee shall continue as such until the next appointment of the Board of Directors and until his/her successor on the committee is appointed, unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors, or unless such member be removed from such committee. Any committee member may be removed from committee membership by the President, with Board approval, whenever in their judgment the best interests of the Corporation would be served by such removal. 6.05 Vacancies on Committees Vacancies in the membership of any committee may be filled in the same manner as provided with regard to the original appointments to that committee. 6.6 Ex-Officio Members The City Manager or his/her designee and the Mayor or his/her designee may attend all meetings of the Board of Directors or Committees. These representatives shall not have the power to vote in the meetings they attend. Their attendance shall be for the purpose of ensuring that information about the meeting is accurately communicated to the City Council and to satisfy the City Council obligation to control the powers of the Corporation. ARTICLE VII FINANCIAL ADMINISTRATION The Corporation may contract with the City for financial and accounting services. The Corporation's financing and accounting records shall be maintained according to the following guidelines: 7.01 Fiscal Year The fiscal year of Corporation shall begin on October 1 and end on September 30 of the following year. 7.02 Budget A budget for the forthcoming fiscal year shall be submitted to, and approved by, the Board of Directors and the City Council of the City of Wylie. In submitting the budget to the City Council, the Board of Directors shall submit the budget on forms prescribed by the City Manager and in accordance with the annual budget preparation schedule as set forth by the City Manager. The budget shall be submitted to the City Manager for inclusion in the annual budget presentation to the City Council. 7_01 Contrnctc As provided in Article V above, the President and Secretary shall execute any contracts or other 30 1211812024 Item DS1. WY L I E.. °°°°°°. Wylie Economic Development ���mmmmm�� m��mm������������������,... Board AGENDA REPORT Meeting Date: December 18, 2024 Item Number: DS1 Prepared By: Jason Greiner Discussion and updates from WEDC Committees. No action is requested by staff on this item. Committee members and staff will hold a discussion and provide updates from WEDC Committees. 31 1211812024 Item DS2. WY L I E.. °°°°°°. Wylie Economic Development ���mmmmm�� m��mm������������������,... Board AGENDA REPORT Meeting Date: December 18, 2024 Item Number: DS2 Prepared By: Jason Greiner Staff report: WEDC Property Update, Temporary Access Agreements, Downtown Parking, Engineering Report, Upcoming Events, and WEDC Activities/Programs. No action is requested by staff on this item. WEDC Property Update: Property Management/Real Estate Staff have been in ongoing communication with mowing services regarding the maintenance of lots. Sale of Lot 1 of Cooper Plaza is scheduled to take place on December 17". Final issues related to the CCRs are being worked through, and staff is hopeful that the closing will take place this week. Listing Agreement — Segovia Partners (SP) • SP has continued to market developable properties and has engaged with potential users/developers. • Staff will provide project updates as needed in Executive Session. Downtown Parking & Drainage: • The survey documentation that Union Pacific has requested has been provided. • KH prepared an exhibit that shows potential fence locations along the UPRR ROW. • KH is waiting on the City of Wylie downtown project for the regional drainage solution. Engineering Report: Design & Engineering - 544 Gateway Addition — Kimley Horn (KH) • Project is under construction with KH providing construction management as needed. Ongoing bi-weekly coordination meetings are being held with the City, contractor, KH, and WEDC. • Ongoing issue with Frontier regarding a duct bank that conflicts with the construction plans. Due to the conflict, Tiseo has submitted a request to freeze time on this project until the duct bank can be relocated. Staff has made repeated attempts to get resolution on this item, as well as issues with overhead utilities, and will continue. According to Oncor, the remaining overhead utilities are owned by Frontier Telecom, Wylie ISD Fiber, and Suddenlink CATV. Oncor has notified each of them that they need to transfer their utilities to the new poles. Staff will continue follow-up as needed. The TxDOT permit was approved for Frontier/duct bank work, and the Frontier ROW permit was approved by the City. KH will provide two additional concept exhibits for Lot 3. One will be parking only for Lot 5 and overflow for Lot 1. The other exhibit will show office/retail space with parkin4. 32 1211812024 Item DS2. • Staff is working with KH to explore the option of modifying plans to eliminate the decel lane so that the project can move forward despite continual issues with utilities. Design & Engineering - FM 544 Commercial — Special Planning Area • KH will prepare an updated IPO for the Flood Study on the City's 19 AC site and FY25 project coordination. • Staff will provide any additional updates in Executive Session. State Hwy 78 TxDOT Improvements • The project is currently under construction, with KH providing construction management as needed. Design & Engineering - Cooper Plaza - State Hwy 78 & Brown • The City is reviewing submittals. • The project is under construction, with KH providing construction management as needed. Ongoing bi-weekly coordination meetings are being held with the City, contractor, KH, and WEDC. • McMahon will submit the RFI for bollard clarification. RFI #5.1 is currently under review by the City. Staff is working on coordination between the contractor, Vasquez Engineering, and the City of Wylie for clarity regarding project issues. Final Plats for Cooper Plaza have been signed and submitted to Collin County. Flood Study & Drainage Study- Hooper/Steel/Regency Business Park (KH) • Existing storm sewer analysis is nearly complete. KH to schedule a meeting with EDC to review findings/recommendations. • KH is preparing an IPO for the final design of the Option 6 improvements for FY 25 (pending existing storm sewer recommendations). • KH will submit a concept plan for maximum buildable acreage on SWC of Hooper and Steel Road. Hooper/Steel ROW Dedication • KH provided an exhibit showing the ROW that would need to be obtained/dedicated. Security Court Fire Lane Exhibit • KH prepared an exhibit showing the fire lane. • Staff will coordinate with adjacent property owners. Water & Sewer Extension - State Hwy 78/Alanis (KH) • Design is complete. Waiting on the signed and filed drainage and sanitaiy sewer easements. • A pre -con meeting can be scheduled once all easements are signed and filed. • Contractor will need to coordinate with NTMWD on shutdown for tie-in. Eubanks Easement/ROW Coordination KH prepared an exhibit that shows ROW dedications/letter agreements to be obtained on the west side of the road as an alternative route should negotiations stall with property owners on the east side of Eubanks. WEDC is coordinating with property owners and held a recent meeting to discuss options for ROW. KH will prepare easement (and potentially ROW) documents for the properties once the gas line route has been confirmed. Jackson Avenue Development • KH is coordinating with the City and design team for the Downtown infrastructure/wayfinding project to coordinate parking, drainage, and the development's "theme." • Once the drainage solution is known, KH will prepare an IPO for a master plan, preliminary and final engineering, and an OPCC for the development of the block at Jackson/Oak/Marble. Architect/planner will be engaged to help 33 1211812024 Item DS2. plan the buildings (anticipated to be shell buildings/condominiums for lease. The development will meet the requirements of the Downtown overlay district. Westgate Gas Line & Easement Coordination • Ongoing work on the abandonment of the former easements is still taking place. • Distribution easement documents have been received from Atmos. Staff is in the process of coordinating signatures for the easements from the property owners and has provided updated signature block information to Atmos. Once staff receives the last set of signatures, the documents will be sent to Atmos for filing. BRE & Workforce Updates: • No BRE visits were conducted in November, but multiple follow-up meetings were held based on information gleaned during prior BRE visits, including two employers with expansion plans. • WEDC met with Helm Dental Laboratory to explore assistance for workforce development due to the acquisition of government contracts. Facilitated a meeting between Wylie ISD/Helm to explore workforce development options, specifically Internship/Practicum program implementation aimed at CAD programming students. • Launched registration for the Leadership Skills Development training program, Bridging the Skills Gap: Equipping Emerging Leaders for Success. Additional WEDC Activities/Programs in Review: • Ongoing efforts toward social media, Discover Wylie, and Social Media Rescue for local businesses. • Ongoing meetings and discussions with real estate developers, contractors, and property owners continue. • Worked with legal regarding ongoing real estate projects and performance agreements. • Staff attended the community Thanksgiving Luncheon hosted by Lutz Woodworking. • Staff attended a Bryan, TX, community tour and met with the Economic Development Director/City Management/Mayor. (MP, BP, JG, RH) • Staff attended the Chamber of Commerce Breakfast featuring Wylie Community Christian Care Center. • Participated in the ongoing Leadership Wylie Classes. This month featured the City of Wylie and Wylie EDC, with tours provided onsite by Deanan Gourmet Popcorn and Glen Echo Brewing. (MW, MB, JG, RH) • Staff attended the annual City of Wylie Thanksgiving Luncheon. (RH, AW, MB, CS) • Attended 30t' Annual North Texas CCIM Sporting Clays Tournament (BB, JG) • Attended Collin Leadership Policy Summit (AW) • Sales tax revenues for December are up 4.25%. Upcoming Events: • ICSC Red River — January 29-31, 2025 • Project U —February 18, 2025 • 5 Loaves Gala — March 8, 2025 • Boots `N Barbecue — March 29, 2025 Please see the attached Marketing Calendar for the full list of upcoming events. 34 ����o�o��o�o�o ��hii«�mw. 0����5f7j�ll���� 0����ti�����- ���� �loi�i���m��. Y L I E p 12/18/2024W Item DS2. ���«���nn�� ����������� "'�557�9�� �I�i�������� �����«����� 0���N��������Ilb ��� �! ��Il�n����� T 2024 November Board Meeting - 201n Day Time Meeting/Event 5 8:30 am WDMA Meeting 6 301n Annual North Texas CCIM Sporting Clays Tournament CIIl09!1'iiiillC"), Vet ei^aas IC'a .........C'liit Il ls�llliirla y...................... y..................................2 12 6:00 pm City Council - Nat'l App Wk, Nat'l Entr Day, Sm Business Sat Recognition 13 8:30 am Collin Leadership Policy Summit, Collin College Frisco - aw 14-15 TML Economic Development Conference — Bastrop, TX 19 8:30 am WVlie Chamber Breakfast featuring Wylie Community Christian Care Center 20 7:30 am WEDC- Board Meeting 21 Leadership Wylie — WEDC Driving Tour / Business Tour 22' 29 FIII ',)S! Ill) .III°IIhall ll lguiviiti�g III°lellliiida 2024 December Board Meeting — 18tn Day Time Meeting/Event 2 TEDC Sales Tax Workshop — Virtual - mb 5 8:30 am WDMA Meeting 5-6 TEDC Board Retreat — ig 6 9:00 am Governor's Small Business Summit — ag, cs 6 6:00 pm Chamber Elfin Gala — Boyd Farm, Lavon 10 6:00 pm City Council 11 11:30am 2024 CCBA Anniversary Luncheon — ag, cs 17 5:00-7:00 pm Chamber Ambassador Reception 18 7:30 am WEDC- Board Meeting 2����.t..��y� 5 � t:'�IIL.�V211111111'V C surlMrr.ias Ili °°lo liidee 2025 January Board Meeting — 151n Day Time Meeting/Event i CII 09! III) New 2yeuir s [)ay III Illgsll illa 7 8:30 am WDMA Meeting 9 11:30 am City of Wylie's Annual Employee Banquet 14 6:00 pm City Council 15 7:30 am WEDC- Board Meeting 20 CU;')S2, Q .... Martiiin. ll ii%Illlmeu Illtiiii,igti�� lleliii yy 27-28 TEEX Training — ig 28 6:00 pm City Council 29-31 ICSC Red River- Dallas — ma. dd. bb. hs. mw. ie. rh Around the Corner... • Project U 2025 — Burleson — February 18 *RSVP Required • Entertainment Experience Evolution — Las Angeles — February 25-26 • TEDC Winter Conference — February 26-28 • 5 Loaves Gala — Garland — March 8 *RSVP Required • Boots 'N Barbecue — Wylie ISD Education Foundation — March 29 *RSVP Required 35