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12-10-2019 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda December 10, 2019 — 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS co Presentation to Wylie Police Department Crossing Guards by the Wylie Citizen Police Academy Alumni Association co Girl Scout Silver Award—Sydney Farrow December 10,2019 Wylie City Council Regular Meeting Agenda Page 2 of 6 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. 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 of November 12,2019 Regular Meeting and November 12,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2019. (S. Satterwhite, WEDC Director) C. Consider, and act upon, approval of a final plat for Torres Addition, establishing one lot on 0.331 acres, generally located on the northwest corner of Alanis Drive and Martinez Lane. (J. Haskins, Planning Manager) D. Consider, and act upon, a final plat of Woodbridge Centre Phase H,Lot 4R,Block A,being a replat of Lot 4A and 4B, Block A, located at 731 Woodbridge Parkway. (J. Haskins, Planning Manager) E. Consider, and act upon, the vendor application for the 1LT Robert F. Welch Run for Our Heroes Fundraiser 5k and Fun Run to be held at Founders Park on April 25, 2020. (R. Diaz, Parks &Recreation Director) F. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2019-2020 in the amount of$6,868.00. (R. Orozco, Library Director) G. Consider,and act upon,City of Wylie Monthly Revenue and Expenditure Report for October 31,2019. M. Beard, Finance Director) H. Consider, and act upon, City of Wylie Monthly Investment Report for October 31, 2019. (M. Beard, Finance Director) T. Consider,and act upon,Ordinance No.2019-37 setting a date for a public hearing on February 11, 2020, to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. (T. Porter, Public Works Director) J. Consider, and act upon, the approval of the purchase of equipment and installation of equipment for Friendship and Kirby Parks from WeBuildFun Inc.in the amount of$97,915.00 through a cooperative purchasing contract with Buy Board,and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) December 10,2019 Wylie City Council Regular Meeting Agenda Page 3 of 6 K. Consider, and act upon, the approval of the purchase of seven (7) Chevrolet Tahoe Police Pursuit Vehicles and in the estimated amount of$221,070 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) L. Consider, and act upon, the approval of the purchase of three (3) Chevrolet Silverado 3/4 -T Trucks and one(1) Chevrolet 1-T Truck and in the estimated amount of$101,253.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) M. Consider, and act upon, the approval of Change Order No. 1 and Change Order No. 3 to contract #W2018-69-B Wylie Public Safety Building Remodel Project, in the amount of $147,461.00,with Pogue Construction Company and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) REGULAR AGENDA Tabled from 10-22-2019 Remove from table and consider 1. Consider authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed-use master planned community. Located south of Alanis Drive and east of SH 78. (R. 011ie, Asst. City Manager) Executive Summary Tract 1 consisting of 4.79+acres is situated in Wylie's ETJ.The Agreement states that Tract 1 owner petitions for voluntary annexation of Tract 1 and to develop Tract 1 for townhome uses. In addition, owner of Tracts 2 &3 and owner of Tracts 4&5 desire to develop approximately 11 acres for mixed use consisting of condos, apartments,and commercial/retail uses. Total acres 20.433+. 2. Hold a Public Hearing and consider,and act upon,a change in zoning from Community Retail (CR) to Planned Development-Community Retail (PD-CR),to allow for a Church/House of Worship Use on Lot 1,Block 1 of Wylie Shopping Village located at 701 South State Highway 78. (ZC 2019-14) (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone one lot of 4.709 acres located at 701 South State Highway 78 for a Church/House of Worship use. 3. Consider, and act upon, the award of RFQ #W2019-55-E for City Engineering Firm Plan Review Services; to Birkhoff, Hendricks & Carter LLP in the estimated annual amount of $100,000.00, and authorizing the City Manager to execute any and all necessary documents. (T. Porter, Public Works Director; G. Hayes, Purchasing Manager) Executive Summary Section 5 of the City Charter states that"the City Council,in consultation with the city manager, shall appoint a competent, duly qualified, registered and practicing professional engineer in the State of Texas who shall serve as city engineer." Additionally,the term"city engineer" in the Charter may refer to either an individual or firm. December 10,2019 Wylie City Council Regular Meeting Agenda Page 4 of 6 4. Consider and act upon Resolution No. 2019-36(R) to accept a bid from Mulligan Foods RE 2 LLC's for the purchase of real property owned by the City of Wylie and located at 802 N. Kirby, Wylie, TX in the amount of $1,045,440.00 as responsive to bid #W2019-134-B, and authorizing the City Manager to execute any and all necessary documents. (C. Hoisted, City Manager; G. Hayes, Purchasing Manager) Executive Summary City and WEDC staff have been preparing two adjoining pieces of property(located at 802 N. Kirby, Wylie, TX)for redevelopment since 2015. The long term goal for these two(2)pieces of property has been for retail, personal services,office, medical,and flex space development. 5. Consider, and act upon,Ordinance No. 2019-38 amending Ordinance No.2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) Executive Summary The Police Department would like to purchase Police Analytics Dashboard software from Brigade Management, Inc. The software would provide crime and incident analysis for the Police Department. The software agreement would be for two years at a total price of$22,000 which includes upgrades and support for the term of the agreement. After the initial two years, the software expense will become part of the base operating expenses. The software will be funded by the state seized fund balance of approximately$37,000, which is part of the restricted General Fund fund balance and is to be used for Police Department needs only. The restricted funds are not part of the unassigned General Fund balance used to calculate our required 30% fund balance. 6. Consider, and act upon,Ordinance No. 2019-39 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) Executive Summary The Watch Guard Digital Video System was included in the budget as a lease and the principal and interest payment for the lease is included in the FY 2020 budget. The purchase is being paid for through a loan from Government Capital Corporation. The accounting rules for a loan are different than a lease and a budget amendment is required to show the budget for the purchase price in the expense accounts and the revenue from the loan proceeds in the revenue account(see Exhibit A). This amendment is budget neutral. 7. Consider,and act upon,a revised Preliminary Plat of Brookside Estates creating 61 residential lots and six HOA lots on 14.599 acres, generally located on Stone Road approximately 1900' east of Kreymer Lane. (Jason Haskins, Planning Manager) Executive Summary On July 9, 2019 City Council approved with conditions, a preliminary plat for Brookside Estates. That preliminary plat,consisted of 68 residential lots on 14.599 acres.A condition Council imposed on the approval of the July 2019 preliminary plat was a requirement for each residential dwelling to include an automatic sprinkler system.This condition stemmed from the subdivision having only one access point. The applicant is requesting Council reconsider replacing that condition with a condition that a fire lane and access easement be required on the northeast of the property into the existing Grayhawk subdivision. The proposed language is included as note#13 on the revised preliminary plat. December 10,2019 Wylie City Council Regular Meeting Agenda Page 5 of 6 Tabled from 11-12-2019 Remove from table and consider 8. Consider,and act upon,Resolution No.2019-34(R)casting a vote for candidate(s)to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. (S. Storm, City Secretary) Executive Summary The City of Wylie has 10 votes that they may cast for a candidate(s)to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. There are currently five positions open on the board for expiring terms. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then 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 City Council at the date,hour and place given in this notice as the City Council 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. §551.074—Discussing personnel or to hear complaints against personnel. §551.087--Discussing certain economic development matters. §551.073 Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. 0o Update on the status of the NTMWD PUC rate case Sec. 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). Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-11e. December 10,2019 Wylie City Council Regular Meeting Agenda Page 6 of 6 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. ao Discuss the pending sale of property located on 544 west of SH 78. 0o Consider the sale or acquisition of property located near Jackson Avenue and Oak Street. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on December 6, 2019 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. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council oF 1 AGENDA REPORT Meeting Date: December 10, 2019 Item Number: Presentation Department: Police (City Secretary's Use Only) Prepared By: Anthony B Henderson Account Code: Date Prepared: December 2, 2019 Exhibits: Subject Presentation to Wylie Police Department Crossing Guards by the Wylie Citizen Police Academy Alumni Association (WCPAAA). Recommendation WCPAAA to present the Wylie Police Department with traffic vest for crossing guards. Discussion Diane Neel with the WCPAAA will present the Wylie Police Department crossing guards with new traffic vests. The new vests are equipped with flashing lights to increase visibility and awareness of motorists and pedestrians. Page 1 of 1 Wylie City Council 01 Minutes Regular Meeting November 12, 2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Planning Manager Jasen Haskins; Parks and Recreation Director Rob Diaz; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; Public Works Director Tim Porter; Library Director Rachel Orozco; Risk Administrator Lynn Fagerstrom; City Secretary Stephanie Storm, and various support staff INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilman Duke led the Pledge of Allegiance. PRESENTATIONS 0o Employee Milestone Anniversaries Mayor Hogue and City Manager Holsted presented milestone anniversary honors to the following employees: 00 Cheryl Roberts, Library Circulation Supervisor— 15 years of service 00 Rob Diaz, Parks and Recreation Director—20 years of service 00 Steve Seddig, Fire Marshal—25 years of service 00 Tommy Walters, Assistant Police Chief—20 years of service oo Promotion of Police Lieutenant Tommy Walters to Asst. Police Chief Police Chief Henderson administered the Texas Oath of Honor to newly appointed Assistant Police Chief Tommy Walters. Assistant Police Chief Walters was pinned by his father-in-law. Minutes November 12, 2019 Wylie City Council Page 1 00 MADD presentation to WPD Officer Tyler Johnson Emma Dugas,program specialist with MADD,presented Officer Tyler Johnson with an Enforcement Hero Award for the most DWI arrests in 2018 with 11 arrests. 0o Hunger and Homelessness Awareness Week Mayor Hogue read a proclamation declaring November 16-24, 2019 as Hunger and Homelessness Awareness Week in the City of Wylie. Members of the Wylie Christian Care Center,Amazing Grace Food Pantry, and St. Vincent de Paul Society were present to accept the proclamation. 00 Small Business Saturday Mayor Hogue read a proclamation declaring November 30, 2019 as Small Business Saturday in the City of Wylie. Members from the Downtown Merchants Association were present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. 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 were no citizens present wishing to address Council on non-agenda items. 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 of October 22, 2019 Regular Meeting and October 22, 2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a Preliminary Plat of the Wylie Auto Addition to establish two commercial lots on 4.1182 acres, located at 2017 N. State Highway 78. (J. Haskins, Planning Manager) C. Consider, and act upon, a Final Plat of Woodbridge Crossing Addition Lots 17R-2 & 17R-3, Block A, being a replat of Lot 17R-1, Block A establishing two commercial lots on 12.899 acres, located at 3030 FM 544. (J. Haskins, Planning Manager) D. Consider, and act upon, a Final Plat of Colonial Acres Estates establishing Lots 2R and 3R, Block D, being a replat of Lots 2, 3, and 4, Block D, generally located on Estates Lane at Colonial Drive within the City of Wylie's Extraterritorial Jurisdiction (ETJ). (J. Haskins, Planning Manager) E. Consider, and act upon, approval of a Final Plat for East Fork Springs, establishing two lots on 8.204 acres in the City of Wylie's Extraterritorial Jurisdiction, property located at 7055 Bennett Road. (J. Haskins, Planning Manager) F. Consider, and act upon, approval of a Final Plat for Woodlake Village Lot 1R-2, Block C, being an amended plat of Lot 1R-2, Block C, on one lot on 1.066 acres, generally located approximately 600 feet west of the intersection of State Highway 78 and Spring Creek Parkway. (J. Haskins, Planning Manager) Minutes November 12, 2019 Wylie City Council Page 2 G. Consider, and act upon, Ordinance No. 2019-36, an amendment to the City of Wylie Zoning Ordinance No. 2006-04, Section 5.1 (Land Use Charts) and Section 5.2 (Listed Uses) as they relate to allowed uses within the Neighborhood Services (NS) Zoning District (ZC 2019-13). (J. Haskins, Planning Manager) H. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on October 9, 2019. (A. Henderson, Police Chief I. Consider and act upon, Resolution No. 2019-35(R), authorizing the purchase of Watch Guard Inc. in-car systems, body cameras, and other associated equipment in the total amount of$470,572.48 through a purchase and finance agreement, and authorizing the City Manager of the City of Wylie to execute any necessary documents. (G. Hayes, Purchasing Manager) J. Consider, and act upon, the award of bid #W2019-121-A for Sand and Gravel to Aggregates Now, Liberty Sand and Gravel, Strata Materials and Zachary Construction in the estimated annual amount of $70,000.00, and authorizing the City Manager to execute any and all. necessary documents. (G. Hayes, Purchasing Manager) K. Consider, and act upon, Resolution No. 2019-29(R), authorizing the City Manager of the City of Wylie to enter into an interlocal cooperative purchasing agreement between the Texas Sheriffs' Association of Texas and the City of Wylie for the use of procurement contracts. (G. Hayes, Purchasing Manager) L. Consider, and act upon, Resolution No. 2019-30(R) to ratify the expense of water damages and remediation for the Wylie Recreation Center gym floor from Blackmon Mooring of Texas,Inc. in the amount of$102,500.00. (G. Hayes, Purchasing Manager) M. Consider, and act upon, Resolution No. 2019-31(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Twin Lakes Park Trail project. (R. Diaz, Parks & Recreation Superintendent) Council Action A motion was made by Councilman Duke, seconded by Councilman Dahl, to approve the Consent Agenda as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, a Preliminary Plat of Serene Villas establishing 67 residential lots and five HOA lots on 21.910 acres, generally located on Kreymer Lane approximately 1400 feet north of E. Stone Road. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant has submitted a Preliminary Plat for Serene Villas, creating 67 residential lots and five HOA lots on 21.910 acres. The property was voluntarily annexed and rezoned to Single-Family 10/24 (SF-10/24) in 2016. The Planning and Zoning Commission recommended denial of the preliminary plat due to non- compliance of the subdivision regulation requirements listed in the agenda report. Since the P&Z recommendation, the applicant has corrected items 1, 2, and 3 on the agenda report, which are administrative items on the plat. Haskins reported for item number 4, the applicant submitted sanitary sewer plans, but City Engineering is unable to approve the plans as submitted. The sewer plans, in and of Minutes November 12, 2019 Wylie City Council Page 3 themselves, are feasible within the property. However, the applicant has not obtained easements for workable connection points to the existing City sewer system. Therefore, Section 2.4.D.4 of the Subdivision Regulations "easements and rights of way are adequate to serve the development" still applies as a reason for disapproval or conditional approval. Haskins reported the Commission voted to recommend disapproval 6-0. For conditional approval or disapproval, the City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. Council Comments Forrester asked if an easement area is being negotiated. Haskins reported he was unsure and the applicant is not present. Porter stated he was hesitant to approve, especially since the applicant was not present and therefore could not state whether he has entered into negotiations for the easement, which could change other portions of the plan. Council Action A motion was made by Councilman.Porter, seconded by Councilman Wallis, to disapprove a Preliminary Plat of Serene Villas establishing 67 residential lots and five HOA lots on 21.910 acres, generally located on Kreymer Lane approximately 1400 feet north of E. Stone Road. A vote was taken and motion passed 7-0. 2. Consider, and act upon, Resolution No. 2019-32(R) casting a vote for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two-year term beginning January 1,2020. (S. Storm, City Secretary) Staff Comments City Secretary Storm addressed Council stating the City of Wylie has 54 votes that it may cast for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two-year term beginning January 1, 2020. There are currently five positions open on the board due to expiring terms. The City of Wylie may cast all of its 54 votes for one candidate or distribute the votes among any number of candidates that were nominated. Council Comments Hogue stated Mr. Mayo reached out to him stating he would like to continue to serve. Hogue asked for a recommendation from Council. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tern Forrester, to cast 54 votes for Wayne Mayo. A vote was taken and motion passed 7-0. 3. Consider, and act upon, Resolution No. 2019-33(R) casting a vote for a candidate(s) to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1, 2020. (S. Storm, City Secretary) Staff Comments City Secretary Storm addressed Council stating the City of Wylie has one vote that it may cast for a candidate(s) to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1, 2020. There are currently five positions open on the board due to expiring terms. One of the members is a representative elected by the suburban cities where one vote may be cast by each city for the nominee of their choice. Minutes November 12, 2019 Wylie City Council Page 4 Council Comments Hogue asked if any of the candidates had reached out to staff or Council. With no candidate(s) reaching out, Dahl stated Mr. Brett Franks was nominated by the city of Sachse, and as our neighboring city, our issues should be similar. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tern Forrester, to nominate Brett Franks. A vote was taken and motion passed 7-0. 4. Consider, and act upon, Resolution No. 2019-34(R) casting a vote for candidate(s) to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. (S. Storm, City Secretary) Staff Comments City Secretary Storm addressed Council stating the City of Wylie has 10 votes that it may cast for a candidate(s) to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. There are currently five positions open on the board due to expiring terms. The City of Wylie may cast all of its 10 votes for one candidate or distribute the votes among any number of candidates that were nominated. Council Comments Hogue asked if any of the candidates had reached out to staff or Council. No candidate(s) reached out to staff or Council. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to table Item 4 until the December 10, 2019 to further discuss. A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Executive Session at 6:58 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: 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. 0o Discuss the pending sale of property located at 544 west of SH 78 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 7:16 p.m. READING OF ORDINANCES City Secretary Storm read the caption to Ordinance Nos. 2019-36 into the official record. Minutes November 12, 2019 Wylie City Council Page 5 ADJOURNMENT A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to adjourn the meeting at 7:18 p.m. A vote was taken and motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes November 12, 2019 Wylie City Council Page 6 Wylie City Council 01 Minutes Work Session November 12, 2019—6:30 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the work session to order at 7:20 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Rena& 011ie; Police Chief Anthony Henderson; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; City Secretary Stephanie Storm, and various support staff. WORK SESSION 0o Discussion on Water and Sewer Rate Study. (C. Holsted, City Manager) Matthew Garrett, Project Manager with NewGen Strategies & Solutions, gave a presentation on the Water and Wastewater Rates which addressed the Strategic Financial Planning Process, Financial Planning Policies, and other rate policies. Garrett reviewed the 2017 study, speaking on the projected revenue requirements and recommended rate performance. Garrett stated issues to consider going forward include North Texas Municipal Water District wholesale costs, Capital Improvement Projects, and what can the City reasonably ask of their customers. Garrett reviewed the current water and wastewater rates, the major cost factors for the 2020 budget, consumption and "take or pay" history from FY10 to FY18, and historical average usages from.October 2017 to August 2019. Michael Sommerdorf, Senior Consultant with NewGen Strategies & Solutions, continued the presentation reviewing the residential tier breakdown from September 2018 to August 2019. and rate comparisons of other communities. Porter, Wallis, and Arrington requested a residential tier breakdown showing a monthly comparison for different years. Porter asked if Council could receive an example of other cities' rates. Garrett responded they could put information together for the various rate types showing all types of"classes" each city has and compare the rates of like "classes." Minutes November 12, 2019 Wylie City Council Work Session Page 1 00 Discussion on Water and Sewer billing by the City. (C. Hoisted, City Manager) City Manager Hoisted addressed Council stating Council had requested a discussion on Utility Billing procedures at this meeting. Holsted stated the number one reason for peak water usage is outdoor watering by residential customers. Residential water consumption in September 2019 was the highest in four years at 173,000,000 gallons of water. Holsted reported the total active water and sewer customers in the City is about 16,500 and there are about 1,500 manual reads each month that must be completed. He stated factors that contribute to the necessity for manual reads include rain, cars parked in front of or over the meter, meter age, and/or covered in dirt. Holsted stated regarding the billing process, meter reads begin on the 27th day of the month and continue through the eighth day of the month. The due date is on the fifth day of the month, billing is on the 15th day of the month, and disconnect day is on the second to last Tuesday of the month. Hoisted gave an example of a customer data log stating the peaks are when the sprinkler system kicks on and uses about 700 gallons. Holsted reported as meters age they read in favor of the customer, failing to detect low flows or pick up every gallon used. The new meters are much more accurate and will read almost every gallon. Hoisted reviewed the water system and stated a home with the same sprinkler system and exact same settings as another home in another part of the City can use more water, due to different elevations. If the customer is at a lower elevation in the City they typically have higher pressure in the lines so more water gets pushed through; therefore, it is almost impossible to compare resident usages. Holsted reviewed bill adjustments and stated there was a month this summer that had days go past the 30- 31-day target. Some bills were not affected, and others were affected and adjustments were made. Staff received over 800 service order requests from August 1 - October 28 from customers, in which staff reviewed for leaks and verified the correct meter read. Hoisted stated some departmental improvements include, with the approval of this year's budget; Meter Services reporting directly to the Utility Billing Manager; replacing manual registers with new electronically read registers to reduce the number of manual reads; Public Works employees assisting with manual meter reads in the largest route; and moving forward with a new metering system. Holsted stated the total base bill is $80.98 which includes City water, sewer, trash, and sales tax. Hoisted reviewed information that will be posted on the City website regarding information about the meter, how to read the meter dial, how to conduct a bucket test to ensure the meter is reading correctly, how to detect a leak, and tips about irrigation. Aleksandra Rolfson addressed Council regarding concerns with inconsistent billing dates and had questions regarding the new metering system. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Duke, to adjourn the meeting at 8:33 p.m. A vote was taken and motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes November 12, 2019 Wylie City Council Work Session Page 2 Wylie City Council oF AGENDA REPORT Meeting Date: 12-10-19 Item Number: Department: WEDC (City Secretaty's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: November 20, 2019 Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2019. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2019. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 20, 2019. Page 1 of I � ~ ' Wylie Economic Development Corporation Statement cf Net Position Asof October 31'2O19 Assets Cash and cash equivalents $ 825'707.14 Receivables $ 140'000.00 Note Inventories $ 11'884'691.90 Prepaid Items � _ ^ _ Tnta|Assets $ 1�D5O'399�O4 � Deferred Outflows ofResources Pensions ' $ 101'12155_ Total deferred outflows ofresources $ 1O�12l.55 ~ Liabilities Accounts Payable and other current liabilities $ 3Ei278.75 Unearned Revenue $ 79'200.00 Note Non current liabilities: Due within one year $ 329'467.68 Note Due in more than one year � 6'1Z3.OG2.0l Note ~ Total Liabilities $_6'568,0O0.44 Deferred inflows of Resources Pensions $ (3O'4O7�41)_ ` Total deferred inflows ofresources $ (30�07,ul) ` Net Position Net investment incopha|assem $ - Unrestricted $ 6i4l3'91g.S6 -. Total Net Position $ �§,413'919�56 ^ Note 1: Includes incentives in thefonnnffnngivmble/oonsfor$140,000 8oteJ: Exco amortization;depodsfmmamto/pmperty ~ Nnte3: Liabilities due within one year includes compensated absences q/$24'237 Nnte4: Includes$3,692'441.J9 draw-down of the approved$4,50IO0O/nonfrnm American National Bank oso/October 312019 11-15-2019 03:01 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 823,707.14 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0,00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0,00 1000-11517 ACCTS REC - SALES TAX 308,324.41 1000-12810 LEASE PAYMENTS RECEIVABLE 0,00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0.00 1000-1299/ ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 140,000,00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 11,884,691,90 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 745,843.10 13,904,566.55 TOTAL ASSETS 13,904,566.55 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0,00 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 2000-20116 HEALTH INSUR PAY-EMPLOYEE 0.92 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 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 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP. LEGAL SERVICES PAYABLE 0,00 2000-20130 FLEXIBLE SPENDING ACCOUNT 391.66 2000-20131 EDWARD JONES DEFERRED COMP 0.00 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00 2000-20199 MISC PAYROLL PAYABLE 0.00 11-15-2019 03:01 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 35,826.17 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 745,843.10 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED INFLOW 78,000.00 2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00 2000-22280 DEFERRED INFLOW - LEASE INT 0.00 2000-22915 RENTAL DEPOSITS 1,200.00 -_ TOTAL LIABILITIES 861,321.85 EQUITY 3000-34110 FUND BALANCE - RESERVED 0.00 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 12,906,052.22 TOTAL BEGINNING EQUITY 12,906,052.22 TOTAL REVENUE 200,056.07 TOTAL EXPENSES 62,863.59 REVENUE OVER/(UNDER) EXPENSES 137,192.48 TOTAL EQUITY & OVER/(UNDER) 13,043,244,10 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 13,904,566.55 11-15-2019 03:01 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS or OCTOBER 31ST, 2019 922-GEN LONG TERM DEBT (WFDC) ACCOUNT# 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 1000-18220 BIRMINGHAM LOAN 0,00 1000-19050 DEE OUTFLOW TMRS CONTRIBUTIONS 35,543,29 1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 543,00 1000-19075 DEE OUTFLOW - INVESTMENT EXP 0,48 1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 65,034,78 1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 30,407.41) 70,714.14 TOTAL ASSETS 70,711.14 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 90,966.82 2000-20311 COMP ABSENCES PAYABLE-CURRENT 14,237,00 2000-21410 ACCRUED INTEREST PAYABLE 11,478.21 2000-28205 WEDC LOANS/CURRENT 303,752.47 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28232 AND LOAN/EDGE 0.00 2000-28233 AND LOAN/PEDDICORD WHITE 0.00 2000-28234 ANB LOAN/RANDACK HUGHES 0.00 2000-28235 AND LOAN 0.00 2000-28236 ANB CONSTRUCTION LOAN 0.00 2000-28237 AND LOAN/ WOODBRIDGE PARKWAY 96,900.47 2000-28238 ANB LOAN/BUCHANAN 0.00 2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 2000-28240 HUGHES LOAN 0.00 2000-28242 AND LOAN/HWY 78:5TH ST REDEV 3,691,441,29 2000-28245 AND LOAN/DALLAS WHIRLPOOL 1,863,204.17 2000-28247 JARRARD LOAN 202,935.09 2000-28250 CITY OF WYLIE LOAN 0,00 2000-28260 PRIME RUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0,00 2000-28290 HOBART/COMMERCE LOAN 0.00 2000-29150 NET PENSION LIABILITY 171,108.17 2000-29151 SDBF LIABILITY 6,506.00 TOTAL LIABILITIES 6,452,529.69 11-15-2019 03:01 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2019 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 6,088,576.11) 3000-35900 UNRESTRICTED NET POSITION ( 120,264.00) TOTAL BEGINNING EQUITY ( 6,208,840.11) TOTAL REVENUE ( 187,941.76) TOTAL EXPENSES ( 14,966.32) , REVENUE OVER/(UNDER) EXPENSES (,.,._„_,172,975.44) TOTAL EQUITY & OVER/(UNDER) ( 6,381,815.55) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 70,714.14 11-15-2019 03:04 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2019 III-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET S OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 2,948,400.00 0.00 MO 0.00 0.00 2,948,400.00 0.00 INTERGOVERNMENTAL REV. 0.00 0.00 0.00 0.00 0,00 0.00 0.00 INTEREST INCOME 6,000.00 494.31 0.00 494.31 0.00 5,505.69 8.24 MISCELLANEOUS INCOME 1,937,266.00 11,620.00 0.00 11,620.00 0.00 1,925,646.00 0.60 OTHER FINANCING SOURCES 0.00 187,941.76 0.00 187,941.76 0.00 ( 187,941.76) 0.00 TOTAL REVENUES 4,891,666.00 200,056.07 0.00 200,056.07 0.00 4,691,609.93 4.09 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 4i383,886'" 62,863'59 e'°9 62,863'59 98,937'76 4,222,084'65 3'69 TOTAL EXPENDITURES 4,383,886.00 62,863,59 0.00 62,863.59 98,937.76 4,222,084.65 3.69 REVENUE OVER/(UNDER) EXPENDITURES 507,780.00 137,192.48 0.00 137,192.48 ( 98,937.76) 469,525.28 7.53 11'15-2019 03.04 pm roz OF WYLos r^so z uovumvo AND EXPENSE moronr (UNAunzroo) , AS or. ocTooum ,oT' zozo III-wxLru oCnwomzo novo^ CORP oovumvso mxuowr mxuonr co,om YEAR ,-T o , r o avvcnr % or avonor pou,on pn uo^vo`, acrv^L owrvmoRAmco avLxmco avonor ' � ^``�___~_ __- _TAXES *000-10150 REV IN Lozv OF TAXES 0.00 o^vo 0.00 o�oo 0.00 0,00 0.00 4000 4ox10 zxLcn rxx 2,948,400.00 0^00 0��00 ___ __o�00 0.00 .00 . «�00 Torv^ r^xov 2'948'400.00 v�ou 0.00 0.00 o�no ,'"vo'^vn�oo 0.00 INTERGOVERNMENTAL REV. 4000-43518 380 omnnmzc axxsomow`s 0�00 0,00 _--------- ~~ u'oo � 0,00 0�00 -_�0l - TOTAL zmromcovonwmomr^L REV. 0.00 n�on n�uo n�on 0.00 0.00 v�oo INTEREST INCOME' ^oov ^eoso rEprzrzcvro OF uuroozr 0.00 n�ov v�nv o�no 0.00 0.00 0.00 4000-46110 ^L^or^rxn /mrEusxr E^nvz000 a'vnv oo 494.31 o�on 494.31 0.00 5'505.69 8.24 4000-46140 rsxroo^ zmTopooT 0.00 o�ov v�vo o�vo 0.00 0.00 0.00 4000-46143 LOGIC zmTs*oor 0.00 v�oo 0.00 o�ou n�oo o�oo n'nv 4000 «o/uo zvronoxr a^vwzxc, 0.00 0.00 0,00 v�oo 0.00 0.00 0,00 4000 *61ao Lo^m mora,mowr (pazmczc^L) 0.00 0.00 o�oo 0.00 n�no o�no 0.00 4000 «azzn axwx mmmo, mauuor zwrouovr_ V'ou 0.00 0,0 ~_ n.@l 0�00l 0`00 _0,00 rvr^L zwronoxT INCOME o'000.no 494�31 0�06 494.31 o�oo 5'505�69 8,24 MISCELLANEOUS INCOME *noo-«nzzv uonr^L zmcnwo 155'040�00 'z'szo�on n�un 11'620 oo oloo 143'420.00 r.«y 4000-48310 nmcm/oa, exzou YEAR o,pow 0.00 0.00 0.00 o�no nl`nn o�ov o.no ^non «nvzv mz,cuLL^m000n zwcomo v�oo o�uo v�uo v�no n,�»» «�«« »'n« *000-48430 caIw/(L000) a^Lo or CAP ^nS.z,Zo2c2z6.ov 0.00 0,00 0.00 n=o2 1,782,226,00 _oloo TOTAL mzuoo^L^wxovS zmmmu 1'93/.266�00 //'o,o,vu v�nn ,`'vzy�oo 0.00 /'925'646�00 o�ou OTHER FINANCING SOURCES 4000-49160 rp^voroe FROM oomopAL mmn n,ov v�oo v�on o�oo "�vn o�vo 0,00 vnoo «n,z5 auwx wnrm pnoc0000 n^no 'or'vo,�ro 0.00 18''941�'6 0.00 / 187'94/ .76' ",on 4000-49550 Lo^oo puzwczr^L p^xmswrn (o n,"n o�vo 0.00 o�on 0,00 v�vo 0.00 4000-49600 zvnnavmcu noxovoazun 0.00 - 0.00 0.00 _y�po ` »�»o ».»n . »�«o rorxL orunp rzmumczmo xnvurmx 0.00 'o,'s«` ,v 0.00 187'9*1�76 mn / 167'941�76) o�nn ror^^ ,o,owvoo 4'891'666.00 200'056�07 0.00 200'056�o� 0.00 4'691'609.93 "�nn ----------- �_�~~�-=__~= �~~�-===�=�= ��°~_�w.~�_~ �~~~~-~-~=_~. ~~~~~�~~~=~~ ~-=. 11-15-2019 03:04 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET S OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 304,457.00 16,967.59 0.00 16,967,59 0.00 287,489.41 5.57 5611-51130 OVERTIME 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,597.00 0.00 0,00 0.00 0.00 1,597.00 0.00 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0,00 0.00 0.00 0.00 0,00 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 5611-51210 CAR ALLOWANCE 12,600,00 692.33 0,00 692.33, 0.00 11,907.67 5.49 5611-51220 PHONE ALLOWANCE 4,656,00 1,164.00 0,00 1,164.00 0.00 3,492.00 25.00 5611-51230 CLOTHING ALLOWANCE 0,00 0.00 0.00 0.00 0,00 0.00 0.00 5611-51260 MOVING ALLOWANCE 0,00 0.00 0.00 0,00 0,00 0.00 0.00 5611-51310 TMRS 48,052.00 2,663.12 0.00 2,663.12 0,00 15,388.88 5.54 5611-51410 HOSPITAL & LIFE INSURANCE 41,595,00 3,342.97 0.00 3,342,97 0.00 38,252.03 8.04 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00. 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,736,00 173.70 0.00 173.70 0 00. 1,562,30 10.01 5611-51440 FICA 19,748.00 466.19 0,00 466.19 0.00 19,281.81 2,36 5611-51450 MEDICARE 4,619.00 242.09 0.00 242.09 0,00 4,376,91 5,24 5611-51470 WORKERS COMP PREMIUM 415.00 299.14 0,00 299.14 0,00 115.86 72.08 5611-51480 UNEMPLOYMENT COMP (TWC) 810.00 0.00 0.00 0,00 0,00 810.00 0.00 , TOTAL PERSONNEL SERVICES 440,285.00 26,011.13 0.00 26,011.13 0.00 414,273.87 5.91 SUPPLIES 5611-52010 OFFICE SUPPLIES 3,000.00 0.00 0,00 0.00 21.38 2,978.62 0.71 5611-52040 POSTAGE & FREIGHT 395.00 0.00 0.00 0.00 59.00 336.00 14.94 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0,00 0.00 0.00 5611-52810 FOOD SUPPLIES 2,100.00 620.54 0.00 620.54 2.00 1,477.46 29.64 5611-52990 OTHER 0.00 0.00 0.00 0 00 . 0.00 0,00 0.00 TOTAL SUPPLIES 5,495.00 620.54 0.00 620.54 82.38 4,792.08 12.79 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 0.00 0.00 0,00 0.00 3,000.00 0,00 5611-54990 OTHER 5,000.00 0,00 0.00 0.00 0.00 5,000.00 0,00 TOTAL MATERIALS FOR MAINTENANC 8,000.00 0.00 0.00 0.00 0.00 8,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,291.00 0.00 0.00 0.00 67,492.64 483,798.36 12.24 5611-56040 SPECIAL SERVICES 120,871.00 0.00 0.00 0.00 12,491.89 108,379.11 10,33 5611-56080 ADVERTISING 137,600.00 0.00 0.00 0,00 166.50 137,433.50 0.12 5611-56090 COMMUNITY DEVELOPMENT 43,350.00 0.00 0.00 0.00 3,001.83 40,348.17 6.92 5611-56110 COMMUNICATIONS 9,376.00 179.77 0.00 179.77 342.34 8,853,89 5,57 5611-56180 RENTAL 29,328.00 2,250.00 0.00 2,250.00 2,444.00 24,634.00 16.01 5611-56210 TRAVEL & TRAINING 31,317.00 553.92 0.00 553.92 4,397.11 26,365.97 15.B1 5611-56250 DUES & SUBSCRIPTIONS 19,567.00 0.00 0.00 0.00 6,822.00 12,745.00 34.86 5611-56310 INSURANCE 4,310.00 0.00 0.00 0.00 0.00 4,310.00 0.00 5611-56510 AUDIT I LEGAL SERVICES 23,000.00 0.00 0.00 0.00 1,211.00 21,789.00 5.27 5611-56570 ENGINEERING/ARCHITECTURAL 15,000.00 0.00 0.00 0.00 0.00 15,000.00 0.00 5611-56610 UTILITIES-ELECTRIC 3,000.00 0.00 0.00 0.00 486.07 2,513.93 16.20 „..... TOTAL CONTRACTUAL SERVICES 988,010.00 2,983.69 0.00 2,983.69 98,855.38 886,170,93 10.31 11-15-2019 03:04 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2019 111-WYLIE ECONOMIC BEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-57410 PRINCIPAL PAYMENT 1,933,038.00 14,966.32 0.00 14,966.32 0.00 1,918,071.68 0.77 5611-57415 INTEREST EXPENSE 334,394.00 23,405.24 0.00 23,405.24 0.00 310,988.76 7,00 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP, REPL 2,267,432.00 38,371.56 0.00 38,371,56 0,00 2,229,060.44 1.69 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 100,164.00 182,818.43 0,00 182,818.43 0.00 ( 82,654.43) 182.52 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 573,000.00 0.00 0.00 0.00 0.00 573,000.00 0.00 5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,000.00 0.00 0,00 0.00 0.00 1,000.00 0.00 5611-58830 FURNITURE & FIXTURES 500.00 0.00 0.00 0.00 0.00 500.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 187,941.76) 0.00 ( 187,941.76) 0.00 187,941.76 0.00 TOTAL CAPITAL OUTLAY 674,664.00 ( 5,123.33) 0.00 ( 5,123.33) 0.00 679,787.33 0.76- OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0,00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0,00 0.00 0.00 0,00 0.00 0.00 0,00 5611-59430 TRANSFER TO CAPITAL PROJ EU 0,00 0.00 0.00 0,00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69 TOTAL EXPENDITURES 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69 REVENUE OVER (UNDER) EXPENDITURES 507,780.00 137,192.48 0.00 137,192.48 ( 98,937.76) 469,525.28 7.53 *** END OF REPORT *** � Wylie Economic DevelopmentCmrporaUn Balance Sheet Sub Ledger October 31. 2O1S Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Add'| draws Principal |nbon*et |ntonoet Balance � . � � October 1. 3O18 5.885.245.24 ANBlX-8813OS76 mx]Ooan|oGspmmY (#szofmD 8/15/14 13.267.83 251.320.88 12.721.31 546.62 2.81 238.593.37 ANBTX-88158357 DuLLA8xx*|RLpOOL(#35of80) 11/22/16 varies 2.000.000.00 0.00 6.866.87 4.00 2.000.000.00 JARRARD GRAYS AUTO(#m4Or1oo) 12/1/18 3.108.15 230.437.84 3.345.01 884.14 4.50 228.192.83 ANBTX-88193882 Awa'BROWN&7a(#1oOp7u)^ 12/12/18 varies 3.503.499.53 187.941.70 0.00 15.327.81 5.25 3.691.441.29 October 31. 2O1Q $14.968.32^ ^$23.405.24 $6.158.233.49 Wylie Economic Development Corporation Inventory Subledger October 31, 2019 Inventory -Land Date of Pur Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 0 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 Perry 9/13/06 707 Cooper 0.49 0 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 0 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 0 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 0 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 0 n/a 29,056 $1,312,672 Industrial Ct. Ind Ct-Hwy 78 7/06-4/16 Ind Ct-Hwy 78 1.45 0 n/a 924,486 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 1,224,979 Regency Regency Pk. 6/4/10 25 Steel Road 0.65 0 n/a 25,171 25,171 Commerce Hobart Investments 11/12/13 Commerce 1.60 0 n/a 156,820 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380 Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 128,925 9,000 2,182,080 2,725,280 Downtown Heath 3/17/14 104 N. Jackson 0.17 0 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 0 n/a 70,330 Peddicord 12/12/14 100 W. Oak St 0.35 155,984 4,444 486,032 City Lot 12/12/14 108/110 Jackson 0.35 0 n/a Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596 FBC Lot 6/15/16 111 N. Ballard St 0.20 0 n/a 150,964 FFA Village 1/7/18 102. N. Birmingham 0.17 35,390 910 99,804 1,217,760 Alanis White Property(Alanis) 12/12/14 Alanis 6.63 0 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505 -607 S. Ballard 1.12 0 n/a 409,390 Murphy 3/7/19 701 S. Ballard 0.20 115,724 1,312 172,487 Braley 7/22/19 503 S. Ballard 0.26 50,762 840 177,398 759,275 Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 100,404 6,000 573,844 573,844 Brown &78 Turner 12/5/18 504 E. Brown 1.02 84,077 1,180 308,180 Wallace 12/18/18 502 E. Brown 0.19 24,637 680 204,775 Karan 12/28/18 300 E. Brown 2.39 0 0 1,250,391 O'Donald 1/7/19 410 E. Brown 0.19 64,421 940 177,044 Weatherford 2/12/19 303 Marble 2.17 0 0 757,488 Brothers JV 2/26/19 306 &308 N. 2nd Strl 0.38 0 n/a 145,923 Pulliam 2/27/19 300 N. 2nd Street 0.26 122,764 1,364 218,472 Swayze 4/18/19 208 N. 2nd Street 0.26 73,313 1,860 187,501 Swayze 5/9/19 204 N. 2nd Street 0.26 121,781 2,033 187,658 Kreymer 10/9/19 302 N. 2nd Street 0.13 72,609 1,386 187,942 3,625,374 Total 34.32 $1,871,766 72,479 $11,884,691 $11,884,691 *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 not part of land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2019 MONTH WEDC WEDC WEDC WEDC DIFF % DIFF 2016 2017 2018 2019 18 VS 19 18 VS 19 DECEMBER $166,418 $197,808 $184,849 $214,867 $30,019 15.18% JANUARY 163,463 196,347 191,896 223,750 31,854 16.60% FEBRUARY 260,166 276,698 275,668 307,367 31,699 11.50% MARCH 167,082 191,648 182,852 208,222 25,370 13.87% APRIL 154,920 168,844 163,485 182,500 19,015 11.63% MAY 238,646 244,816 203,707 274,299 70,592 34.65% JUNE 180,194 191,732 199,412 234,174 34,762 17.43% JULY 212,620 223,571 213,977 215,108 1,131 0.53% AUGUST 268,976 261,573 249,590 283,603 34,013 13.63% SEPTEMBER 197,339 210,974 213,426 243,048 29,623 13.88% OCTOBER 201,506 195,549 210,702 224,875 14,174 6.73% NOVEMBER 270,426 267,816 273,197 308,324 35,128 12.86% Sub-Total $2,481,757 $2,627,376 $2,562,759 $2,920,137 $357,378 13.95% AUDIT ADJ TOTAL $2,481,757 $2,627,376 $2,562,759 $2,920,137 $357,378 13.95% WEDC SALES TAX ANALYSIS $350,000 $300,000 -. $250,000 ..._..� $200,000 _ $150,000 m �.,- $100,000 $50,000 $0 m c n sa s E CO 2 m ¢ -' rn E o E a) Wylie City Council AGENDA REPORT Meeting Date: December 10, 2019 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: November 26, 2019 Exhibits: 1 Subject Consider, and act upon, approval of a final plat for Torres Addition, establishing one lot on 0.331 acres, generally located on the northwest corner of Alanis Drive and Martinez Lane. Recommendation Motion to approve a final plat for Torres Addition, establishing one lot on 0.331 acres, generally located on the northwest corner of Alanis Drive and Martinez Lane. Discussion OWNER: Noel Torres APPLICANT: A&W Surveying The property totals 0.331 acres and will create one lot to contain a tile retail and warehouse building that measures 3,573 sf. A variance was granted in February 2018 to allow for a rear setback of 5'.This plat complies with those setbacks by showing building setbacks of 5' in the rear and 25' on all other sides. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. P&Z Discussion The Commission recommended approval by a vote of 5-0. Page 1 of I '...S/... 1; O Z Z CC 0 OWNER'S CERTIFICATE OWNER'S DEDICATION w . , , 0 HENsLE,=r2 '12) N 111 111 0 Z < I I , '?' \•.\ Z 0 F2 I- I I , WINDCREST I.lA0 P CC 0 STATE OF TEXAS NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: sk-c, ss-. ). <sC D f— KRISTEN I I i WHEREAS C OUNTYOF NoelC0 COLLIN -c- z -s- w 0 ITorres is the sole owner of a tract of land located in the E.C. That Noel Torres, does hereby adopt this plat designating the herein above described , I I DAVIDSON SURVEY, Abstract 267, City of Wylie, Collin County, Texas, and being property as TORRES ADDITION, an addition to the City of Wylie, Texas, and the same tract of land described in General Warranty Deed to Noel Torres, recorded does hereby dedicate, in fee simple, to the public use forever, the streets, SITE ALANIS I I in Instrument No. 20190308000246430, Public Records, Collin County, Texas, and rights-of-way, and other public improvements shown thereon. The streets and alleys, r. I being more particularly described as follows: if any, are dedicated for street purposes. The easements and public use areas, as g I o VICINITY MAP I shown, are dedicated, for the public use forever, for the purposes indicated on this MAPSCO: 10A-E Z I BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in plat. No buildings, fences, trees, shrubs or other improvements or growths shall be NOT TO SCALE I 1 I I the North line of Alanis Road, a 120' wide public right-of-way, at the South corner of constructed or placed upon, over or across the easements as shown, except that _J.; > I the transitional right-of-way with Martinez Lane, a 50' wide public right-of-way; landscape improvements may be placed in landscape easements, if approved by the I I Thence North 86°52'22" West, along said North line, a distance of 115.01' to a 1/2" City Council of the City of Wylie. In addition, utility easements may also be used for I the mutual use and accommodation of all public utilities desiring to use or using the I LOT 2R, BLOCK B iron rod with a yellow plastic cap stamped "RPLS 5310" set at the Southeast corner same unless the easement limits the use to particular utilities, said use by public I I 1 CREEKBEND INDUSTRIAL PARK of that portion of Lot 5R, Block C, Replat of Lots 5 & 6, Block C of Century Business utilities being subordinate to the public's and City of Wylie's use thereof. 1ST}— PA REVISIONE 573 describedPark, indeedtoTXES R Cabinet K, Page 263, Publiceal Records,EstateHoldings, Collin LLC,County,ed recorded Texas,ored in that portion Instrument No The City of Wylie and public utility entities shall have the right to remove and keep 25-0' . I A z . 2 Ili co < cc) LIJ (\I I II 50.0' CABINET LG P.R. 25' BUILDING LINE 20170417000483060, Public Records, Collin County, Texas; removed all or parts of any buildings, fences, trees, shrubs or other improvements co I or growths which may in any way endanger or interfere with the construction, Thence North 03°54'53" East, along the East line of said Lot 5R and said TX ES maintenance, or efficiency of their respective systems in said easements. The City Real Estate Holdings, a distance of 109.19' to a 1/2" iron rod with a yellow plastic of Wylie and public utility entities shall at all times have the full right of ingress i— 0 , • I I CABINET L, PAGE 573 < r- cap stamped "RPLS 5310" set at the Southwest corner of land described in deed to and egress to or from their respective easements for the purpose of constructing, I 0- c.5 I-- P.R.C.C.T. Virginia Pecina, recorded in Instrument No. 20161213001691280, Public Records, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or U. I 3/8"IRF I Collin County, Texas; removing all or parts of their respective systems without the necessity at any time oes I— I 15' UTILITY EASEMENT procuring permission from anyone. LLI w a: I I CABINET E, PAGE 53 A& ' 0 Z Thence South 86°04'34" East, a distance of 135.00' to a 1/2" iron rod with a yellow I P.R.C.C.T. plastic cap stamped "RPLS 5310" set in the said West line of Martinez Lane, at the This plat approved subject to all platting ordinances, rules, regulations and Z < I I 1 ' — 0 Southeast corner of said Pecina tract; resolutions of the City of Wylie, Texas. X X 0 0 I IP 7 Z I— —I 0 20' Thence South 03°55'26" West, along said West line, a distance of 86.78' to a 1/2" WITNESS MY HAND AT WYLIE, TEXAS, THIS DAY OF _ 1-4 H I-1 b eN 1 i I iron rod with a yellow plastic cap stamped "RPLS 5310" set in the North corner of , 20 GRAPHIC SCALE . c\I 0 0 2 VIRGINIA PECINA I said transitional right-of-way of Martinez Lane and Alanis Road; N 0 }_. Ce 0 1-INCH = 20 FEET d- }—z INSTRUMENT NO. 20161213001691280 I •...C:) I-" Z P.R.C.C.T 0 1( Thence South 47°45'49" West, a distance of 28.85' to the PLACE OF BEGINNING BY: I . ' . o) 0 t• and containing 14,408 square feet or 0.331 of an acre of land. Noel Torres, Owner I to S 86°04'34" ,\cc) 1 1 ‘4/,'NF I ot \4- STATE OF TEXAS I .Dt ,z. ,0 c) SURVEYOR'S CERTIFICATE COUNTY OF COLLIN I 1/2"IRS 1/2"IRS 0.N .... , (b. '4‹ KNOW ALL MEN BY THESE PRESENTS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, c N: 7,051,370.1735 E 135.nn w‘, BFERAORMS WHICH rb Qi ron this day personally appeared Noel Torres, Owner, known to me to be the person 1/2"IRF ÷ whose name is subscribed to the foregoing instrument and acknowledged to me that E: 2,564,679.6240 S 85°41'00"E 1.82' I >- That I, John S. Turner, do hereby certify that I prepared this plat from an actual and he executed the same for the purpose and considerations therein expressed. .7) LOT 5R, BLOCK C I I accurate survey of the land and that the corner monuments shown thereon as set REPLAT OF LOTS 5 & 6, BLOCK C I 14 II 16 were properly placed under my personal supervision in accordance with the Given under my hand and seal of office, this day of , 20 . CENTURY BUSINESS PARK I Subdivision Ordinance of the City of Wylie. CABINET K, PAGE 263 I 1Z l ' i I I IIlc ° PRELIMINARY, RELEASED 5-22-2018 FOR REVIEW PURPOSES ONLY. P.R.C.C.T. I . looki 12 THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. Notary Public in and for the State of Texas I V... Noel Torres I CO I (-) I oi Instrument No. 20190308000246430 I . ..........„,. .N, r?.,03:5 John S. Turner R.P.L.S. 5310 MY COMMISSION EXPIRES: COI o , PR CC.T —...- LOT 1, BLOCK A Registered Professional Land Surveyor I V.... 0 r** CO "‹ w RONALD MARTINEZ ADDITION TX ES REAL ESTATE HOLDINGS, LLC I < 1.-.. 'lo k , _ INSTRUMENT NO. 20111108010002310 STATE OF TEXAS CERTIFICATE OF APPROVAL INSTRUMENT NO. 20170417000483060 I •1.1.1 LOT 1 col- I— iliru , . P.R.C.C.T. COUNTY OF DALLAS P.R.C.C.T. I ..,(*/ 5' BUILDING SETBACK BLOCK 1 waj o.. . . (0 f:X I Lr)(:)- Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John S. Turner, Land Surveyor, known to me to be "RECOMMENDED FOR APPROVAL" I I?, BY THIS PLAT 0 0 £NI iii cr Z I z .7.. the person whose name is subscribed to the foregoing instrument and acknowledged 20' BUILDING LINE 14,408 SQ. FT OR En I= ' ii to me that he executed the same for the purpose and considerations therein I tr) -J >,, ' ti) CABINET K, PAGE 263 I o cv) 0.331 OF AN ACRE 5 03 0 o A A 1.-46.!(4 (f)QCV)S 85°4522(1:W: 13,898.89' expressed. Chairman, Planning & Zoning Commission Date co I 0 ' io BENCH MARK#5 City of Wylie, Texas P.R.C.C.T. \ I Given under my hand and seal of office, this day of c\I 20 I 15' UTILITY EASEMENT . — — I "APPROVED FOR CONSTRUCTION" — — CC DOC. 92-0060528 — --- --- —I D.R.C.C.T. 1/2"IRS 5 Notary Public in and for the State of Texas Mayor, City of Wylie, Texas Date FROM WHICH VISIBILITY EASEMENT BEARS 1/2"IRF BY THIS PLAT MY COMMISSION EXPIRES: "ACCEPTED" S 85°3715 W 1.85' 104.53' , N.... I _ , S 47°45'49" W N8520"W N 86°52'22'' 1/2"IRS ' W 115 01 ' - ''''' Mayor, City of Wylie, Texas Date 192.31' TO 1/2" IRF . 28.85' 1 CONTROLLING MONUMENT The undersigned, the City Secretary of the City of Wylie, Texas, hereby PLACE OF 10' SLOPE & UTILITY certifies that the foregoing final plat of the TORRES ADDITION to the City of b BEGINNING} I EASEMENT Wylie was submitted to the City Council on the day of , 20 and the Council, by formal action, then and there accepted the d 1/2"IRS VOLUME 5591, PAGE 262 co FROM WHICH BEARS 5/8"IRF D.R.C.C.T. S 07°02'41"W 2.08 sewer lines as shown and set forth in and upon said plat and said Council N: 7,051,254.9639 further authorized the Mayor to note the acceptance thereof by signing his E: 2,564,787.0080 dedication of streets, alley, parks, easement, public places, and water and name as hereinabove subscribed. I Witness my hand this day of , A.D., 20 _ ALANIS ROAD _ b ci CENTERLINE 120' ------ — ------- City Secretary CV WIDE PUBLIC RIGHT-OF-WAY ______. ___ x-- — City of Wylie, Texas CITY OF WYLIE CABINET 6023, PAGE 102 D.R.C.C.T. FOR USE BY COLLIN COUNTY ONLY b >,-- >,-- _I _1 z z co o o >-- ›.-- i.--- F--- z z D D O 0 0 0 Z Z :Ju lui O 0 0 0 >CD 1>X1- LIJ LU U't CO D D tX Ct Volume or Cabinet , Page or Slide SURVEYOR'S NOTES ABBREVIATIONS MELVIN K. ST. JOHN, H.F. TIBBALS & ED COLLINS LE FOR USE BY COLLIN COUNTY ONLY LE VOLUME 1675, PAGE 749 CITY BENCH MARK#1 CITY BENCH MARK#5 1. BASIS OF BEARING IS DERIVED FROM THE TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. STATE PLANE COORDINATE SYSTEM NAD 1983 (2011) P.R.C.C.T. PUBLIC RECORDS, COLLIN COUNTY, TEXAS NORTHING: 7060922.944 NORTHING: 7050245.804 c USING CITY OF WYLIE GEODETIC CONTROL M.R.C.C.T. MAP RECORDS, COLLIN COUNTY, TEXAS 1 A&W SURVEYORS, INC. FINAL PLAT MONUMENTS CM1 AND CMS. C.C. NO. COUNTY CLERK'S NUMBER EASTING: 2576974.068 EASTING: 2578669.150 2. SELLING A PORTION OF THIS ADDITION BY METES ELEV.: 530.294 ELEV.: 454.277 lik A Professional Land Surveyors BEING \OA, AV V,,i/I `V, v AND BOUNDS IS A VIOLATION OF CITY ORDINANCE, c 1 --,,, , 7 ,, TEXAS REGISTRATION NO. 100174-00 0.331 ACRES OF LAND AND STATE LAWS AND IS SUBJECT TO FINES AND FLOOD ZONE P.O. BOX 870029, MESQUITE,TX. 75187 `, WITHHOLDINGS OF UTILITIES AND BUILDING > ,#4,41i, PHONE: (972)681-4975 FAX: (972)681-4954 TORRES ADDITION PERMITS. This is to certify that no portion of the subject property shown op w WWW.AWSURVEY.COM 3. ALL CORNERS ARE MONUMENTED WITH A 1/2" hereon lies within the 100 Year Flood Hazard Area as shown on NAD-83 TX STATE PLAIN, NORTH CENTRAL LOT 1, BLOCK 1 IRON ROD CAPPED "RPLS 5310" UNLESS the Flood Insurance Rate Map, Community Panel No. 48085C ZONE 2404 (2011). - PROPERTY ADDRESS: 2001 Alanis Drive OTHERWISE SPECIFIED. Owner: Noel Torres 0535J, dated 6-2-09. The property is located in Zone "X". AN ADDITION TO THE CITY OF WYLIE, 4. THE PURPOSE OF THIS PLAT IS TO DEVELOP A - 2806 Cedar Brook Drive, Garland, TX 75040 - COLLIN COUNTY, TEXAS PLATTED LOT FROM A TRACT OF LAND. -972-567-6571 - 5. ZONING BOARD OF ADJUSTMENT CASE 2018-01 Job No. 18-0771 Drawn by:543 Date:05-21-2018 Revised:6-8-18 E.G. DAVIDSON SURVEY, ABSTRACT 267 ALLOWS FOR A 5' REAR SETBACK. "A professional company operating in your best interest" J I Ian iRs Wylie City Council AGENDA REPORT Meeting Date: December 10, 2019 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: November 26, 2019 Exhibits: 1 Subject Consider, and act upon, a final plat of Woodbridge Centre Phase II, Lot 4R, Block A, being a replat of Lot 4A and 4B, Block A, located at 731 Woodbridge Parkway. Recommendation Motion to approve a final plat of Woodbridge Centre Phase II, Lot 4R,Block A,being a replat of Lot 4A and 4B,Block A, located at 731 Woodbridge Parkway. Discussion OWNER: North Dallas Wylie Land Investors,LLC APPLICANT: Romme Land Surveying The applicant has submitted a Replat to establish Lot 4R, Block A of Woodbridge Crossing Addition by combining Lots 4A&4B, Block A. This property is part of Planned Development 2018-12. The purpose of this plat is to combine two lots into a single lot that measures 1.461 acres and record access, drainage, and water easements. A site plan for a medical clinic was approved by the Planning and Zoning Commission on November 19, 2019. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. P&Z Discussion The Commission recommended approval by a vote of 6-0. Page 1 of I AT / 1 OWNER'S DEDICATION AND ACKNOWLEDGEMENT 1 / SURVEYOR'S CERTIFICATE -II- STATE OF TEXAS STATE OF TEXAS § / ; i„E COUNTY OF COLLIN § COUNTY OF COLLIN §\�wag �� \ \\\\ \fln�T \ i r \ WHEREAS North Dallas Wylie Land Investors, LLC is the owner of a tract of land situated in the State of Woodbridge Centre \ I Texas, County of Collin and City of Wylie, being part of the L. K. Pegues Survey, Abstract No. 703, being THAT I, Michael Cuzzo, do hereby certify that I prepared this amending plat from an actual survey on g Woodbridge Centre Volume 2015, Page 558, PRCCT \ 15' Woter & g / all of Lot 4A and Lot 4B, Block A of Woodbridge Centre Phase II Lots 3, 4A and 4B, Block A, an the land and that the corner monuments shown thereon were found and/or properly placed under my \ \ Utility Esm't Volume 2015, Page 558, PRCCT addition to the City of Wylie as recorded in Volume 2018, Page 434 of the Plat Records of Collin County, supervision in accordance with the applicable codes and ordinances of the City of Wylie. \ Vol. 2012, Pg. 308, \ I \ PRCCT Texas and being more particularly described as follows: \ - - POINT OF BEGINNING at a 1/2 inch iron rod capped "Roome" found for corner in the west right-of-way line of \ BEGINNING \ Cpd.IRF N89°55'59"E / Roome Cpd.IRF Woodbridge Parkway (Variable Width Right-of-Way), marking the northeast corner of said Lot 4A and Michael Cuzzo b 254.67 f, 0 30' 60' 90' beingin a curve to the right; 9.5' X 10' 138.35' I 24.00' 92.32' / g Registered Professional Land Water Esm't. Surveyor. No. 5693 1 Vol. 2018, Pg. 434 10' B.L. \ CA\ // y THENCE with said west right-of-way line, the east line of said Lot 4A and with said curve to the right ----- \ i / 3 Scale: 1"=30' having a radius of 844.50 feet, a central angle of 07°27'45", an arc length of 109.99 feet and a chord \_\ -` \� \ // � N bearing and distance of South 17°48'04" West, 109.91 feet to a 1/2 inch iron rod capped "Roome" ACKNOWLEDGEMENT \ s a, o I�.'� ~ found for corner markingthe beginning of a non-tangent curve to the left \ \ // 3.Q 9 g 9 STATE OF TEXAS § .p O ry 2 \ \ ��\\ // / -,b7 L- THENCE with said west right-of-way line, the east line of said Lot 4A and with said curve to the left COUNTY OF COLLIN § 1 \ \ \`'s / having a radius of 286.50 feet, a central angle of 15°33'22", an arc length of 77.79 feet and a chord BEFORE ME, the undersigned authority, on this day personally appeared Michael Cuzzo, known to me to \ E I 1 / / / bearing and distance of South 34°31'51" West, 77.55 feet to a 1/2 inch iron rod capped "Roome" found be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the 10'l. Water g.Es 43 wa T / / for corner marking the beginning of a curve to the right Vol. 2018, Pg. 4134\ �� A=109.99' same was executed for the purposes and consideration therein expressed. o I I / / \ R=844.5,0' THENCE with said west right-of-way line, the east line of said Lot 4A, the east line of said Lot 4B and Ir r) //// N �D=7°27'45" with said curve to the right having a radius of 830.06 feet, a central angle of 09°41'18" an arc length .p. / B=S17°48'04"WGIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ___, day of , 2019. /L,CiDa T I / / C=109.91' of 140.36 feet and a chord bearing and distance of South 31°35 49 West, 140.19 feet to an "X" cut Vag found for corner in concrete; Woodbridge Centre Phase II Ivist°b/e�,dth 1 1/OW/'diAl Lots 3, 4A and 4B, Block A } / / 1/a1&Moh 4 ess g - Woodbridge Centre Phase II } / / 2pR 9S�t THENCE with said west right-of-way line and the east line of Lot 4B, South 08°33'51" East, 19.64 feet Notary Public in and for Volume 2018, Page 434 PRCCT - J� Volume 2018,PgeB34PPCCT ` � I ccr 434 to a 1/2 inch iron rod capped "Roome" found for corner markingthe beginning of a non-tangent curve 30' Rrelane,Access & J Cy// / / to the �ight; pp g g g The State of Texas Utility Esm't. j I / y � /// - Vol. 2018, Pg. 434 I / Gc�� Roome Vol. THENCE with said west right-of-way line, the east line of said Lot 4B and with said curve to the right Water Esm4t. /o P��', // \ having a radius of 844.50 feet, a central angle of 10°45'29", an arc length of 158.57 feet and a chord Vol. 2018, Pg. 434 LOT 4R //v .,, oy - // / bearing and distance of South 42°45'25" West, 158.33 feet to a 1/2 inch iron rod capped "Roome" // found for corner marking the southeast corner of Lot 1, Block A of Woodbridge Centre Phase II, an 4CIV 63,645 Sq. Feet / \ // / addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Volume 2013, / �p 1.461 Acres V. //// O Sanitary Sewer Esm't. J/ ti A=77.79' Page 202 of the Plat Records of Collin County, Texas and the southeast of said Lot 4B; 0 Vol. 2018, Pg. 434 / // / R=286.50' �'IE / _ _. \� ��/ \D=15°33'22" �01�6 THENCE with the east line of Lot 1 and the west line of Lot 4B, North 41°51'39" West, 49.50 feet to an L2 /// B=S34°31'51"W o QZ "X" cut found for corner in concrete marking the beginning of a non-tangent curve to the left; _ ,, 4 / 1 „-- - / / / / ,o THENCE with the east line of Lot 1, the west line of Lot 4B and with said curve to the left having a RECOMMENDED FOR APPROVAL \nary Sewer Esm't.. .." \ / e z \ / •a Qoa radius of 1050.47 feet, a central angle of 02°52'20", an arc length of 52.66 feet and a chord bearing \ Vol. 2013, Pg. 202 Water Esm't L7 � ' // Roome �\p� and distance of North 46°14 56 East, 52.65 feet to an "X" cut found for corner in concrete; \ T /\�(by this plot) /� +- - /// �, ��Q �Q T f0 o} / �,g // o� m THENCE with the east line of Lot 1, the east line of Lot 3, Block A of said Woodbridge Centre Phase II 2Oss\)/° / h /// •V �o Lots 3, 4A and 4B, Block A and the west line of Lot 4A and 4B, North 00°40'15" West, 350.07 feet to a Chairman, Planning & Zoning Commission Date \ \\c� /vim/ 7 \� �� 1/2 inch iron rod capped "Roome" found for corner in the south line of Lot 2B, Block B of Woodbridge (cm) f ��9 .4c Centre, an addition to the cityof Wylie, Collin County, Texas, accordingto theplat thereof recorded in ,$) XFnd. \ \ y •Pfs\ / \ y APPROVAL FOR CONSTRUCTION f�2�ry �oJ t \ Volume 2015, Page 558 of the Plat Records of Collin County, Texas and marking the northeast corner of 41/ Lot 3 and the northwest corner of Lot 4A; o F 1140. a s.N\ 70'x/2' uz /// O THENCE with the south line of Lot 2B and the north line of Lot 4A, North 89°55'59" East, 254.67 feet to \ \ T Water Esm't \ Lg / the POINT of BEGINNING and containing 63,645 square feet or 1.461 acres of land. Mayor, City of Wylie, Texas Date & �toV (by this plat) / / ACCEPTED •?O�f1'fs Arc�9�oi p9f SS �or�. / V0� �-j l l�© i' V TI�TTI /a1 ?°2 x ,,ry/ T,// /l OWNER'S CERTIFICATE Woodbridge Centre Phase II �'i Volume 2013, Page 202, PRCCT N T// / COUNTY OF COLLIN §l STATE OF TEXAS § IP g. \ \/ Mayor, City of Wylie, Texas Date N T / / A=140.36' Line Data Table / / R=830.06' NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: D=9°41'18" LINE BEARING DISTANCE \C / L1 N33°37'27"E 13.18' That, North Dallas Wylie Land Investors, LLC does hereby adopt this plat designated therein above The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing / �x"Fnd B=S31°35'49"W L2 N89°27'59"E 35.49' described property as Woodbridge Centre Phase II, Lot 4R, Block A, an addition to the City of Wylie, preliminary plat of the Honrobia Industrial Park, Lot 1-8x, subdivision or addition to the City of Ioa'4Q / T / co C=140.19' Woodbridge Centre Phase 11 / o L3 N22°51 44'E 42.55' Texas, an does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and Wylie was submitted to the City Council on the ___ day of 2019, Lots 3, 4A and 48, slack A / \� L4 N00°32'01"W 35.78' other public improvements shown thereon. The streets and alleys, if any, are dedicated for street and the Council by formal action then and there accepted the dedication of streets alley, parks, Volume 2018, Page 434, PRCCT / / '' / / L5 S00'32 01 E 35.78' purposes. The easements and public use areas, are dedicated, for the public use forever, for the easement, public places, and water and sewer lines as shown and set forth in and upon said plat "XFnd.(# L6 S22°51'44"W 42.55' purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths and said Council further authorized the Mayor to note the acceptance thereof by signing hi name / / S08°33'51"E L7 S89°27'59"W 35.49' shall be constructed or placed upon, over or across the easements as shown, except that landscape as hereinabove subscribed. / / -.--1----- 19.64' L8 S33°37'27"W 13.18' improvements may be placed in landscape easements, if approved by the City Council of the City of / / Roome L9 N28°17'00"W 9.19' Wylie. In addition, utility easements may also be used for mutual use and accommodation of all public Witness my hand this ____ day of , A.D., 2019. / / Cpd.IRF.) » ^� / / L10 N62°36 10 W 53.33' utilities desiring to use or using the same unless the easement limits the use to particular utilities, said c / T/ L1 1 S33°37'29"W 6.02' use by public utilities being subordinate to the public's and City of Wylie's use thereof. / / / L12 N56°22'31"W 13.50' City Secretary / / L13 N33°37'27"E 21.00' The City of Wylie and public utilities entities shall have the right to remove and keep removed all or City of Wylie, Texas / / / L14 S56°22'31"E 13.50' parts of any building, fences, trees, shrubs or other improvements or growths which may in any way / / L15 S33°37'29"W 4.92' endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said // \// oQe,-„yam L16 S62°36'10"E 55.33' easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and ca54,:v L17 S28°17'00"E 6.44' egress to or from their respective easements for the purpose of constucting, reconstructing, inspecting, A=52.66' "Fn / / / �A5'' patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems R=1,050.47' "x"Fnd.y / / ��o`�o,�^��Vc, R=1,050.4" // / .W °d < without the necessity at any time procuring permission from anyone. / Sys J B=N46°14'56"E // \// A=158.57' Curve Data Table WITNESS, my hand, this the -___day of , 2019. C=52.65' \ / \_R=844.5O' CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH / / // D=10°45'29" C1 20.00' 31.42' 90°00'00" N78°37'27"E 28.28' North Dallas Wylie Land Investors, LLC / B=S42°4525"W o` / C2 44.00' 42.88' 55°50'32" N61°32'43"E 41.21' / ti'D / C=158.33' " „ ' BY: "X"Fnd.C. Al/ \// C3 20.00 23.25 66°36 14 N56°09 51 E 21.96 -- C4 20.00' 8.17' 23°23'46" N11°09'51"E 8.11' IS- \// C5 20.00' 16.15' 46°15'53" N23°39'58"W 15.71' NAME:__________________ ---- .. / C6 44.50' 36.41' 46°53'02" N23°21;23"W 35.41 TITLE:_________ / C7 20.50' 16.84' 47°03 45 S23°16 02 E 16.37' --- // C8 44.00' 35.53' 46°15'53" S23°39'58"E 34.57' / / Qt9 C9 44.00' 17.97' 23°23'46" S1 1°09'S1"W 17.84' T // `s0 �� C10 44.00' 51.15' 66°36'14" S56°09'S1"W 48.32' / / Roams C11 20.00' 19.49' 55°50 32 S61°32 43 W 18.73' / / Cpd.IRF/ C12 20.00' 31.42' 90°00'00" S11°22'33"E 28.28' ACKNOWLEDGEMENT / / C13 810.00' 230.52' 16°18'21" N39°58'59"E 229.74' STATE OF TEXAS § // // T C14 810.00' 1 1.58' ° " ° ' "049'09 N312513E 1 1.58' COUNTY OF COLLIN § / / // // / BEFORE ME, the undersigned authority, on this day personally appeared , // // 7 known to me to be the person whose name is subscribed to the foregoing instrument, who Woodbridge Centre Phase ill / acknowledged to me that the same was executed for the purposes and consideration therein expressed. a GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of , 2019. Lot 4R, lock A .. ,c) ,.-, W Brown St being a Replat of Lots 4A & 4B, Block A, Notary Public in and for c The State of Texas Woodbridge Centre Phase II Vow T NOTES: (1) CM is controlling monument; (2) No part of subject property lies Lots 3, 4A and 4B, BlockA FM 544 within a Special Flood Hazard Area inundated by 100-year flood per Flood as recorded in Vol 2018 Pg. 434 PRCCT CC Insurance ate Map Number 48085C0415 J of F.E.M.A. Flood Insurance Rate 1,461 Acres of land FM 544 Maps for Collin County, Texas and Incorporated Areas dated June 2, 2009 (Zone X); (3) Bearings based on GPS North; 4) This survey was performed = Site °' <6 without the benefit Title Commitment and may be subject to any and all L. IC. Pegues Survey, Abstract No. 703 3 a �� \ easements of record; (5) The zoning for this property is PD 2018-12. Cityof Wylie, Collin Coun , Texas T T >, 7_, Hensley Ln "' c,<°`e -2October 2019 0 o1 r \ P:\ES\2019Q4\ES656046.DWG . .. Alanis Dr co o i v' _ - Legend Owner: - Engineer: - Surveyor: Notice: Selling a portion of this addition by - g North Dallas Wylie Land Helmberger & Associates Roome Land Surveying �' THE PURPOSE OF THIS REPLAT IS TO COMBINE LOTS 4A 8c Y 9Y gIII metes and bounds is a violation of city Cpd.IRF Copped Iron Rod Found Investors, LLC 1525 Bozman Road 2000 Ave G, Suite 810 0 0 4B, INTO A SINGLE LOT AND TO CREATE AN ACCESS, DRAINAGE ordinance and state law and is subject to fines PRCCT Plat Records Collin county, Texas 1301 Summer Lee Drive Wylie, Texas 75098 Plano, Tx 75074 and withholding of utilities and building permits. AND WATER EASMENTS IRF Iron Rod Found Rockwall, Texas 75032 972-442-7459 (972) 423-4372 Land Surveying C �a I 3 (CM) Controlling Monument Attn: Randy Helmberger, P.E. mike©Roomeinc.com 2000 Avenue G, Suite 810 VICINITY MAP r5� 1 \ Attn: Michael Cuzzo Plano, Texas 75074 o N. T.S. soo T 1 1 1 Phone(972)423-4372/Fax(972)423-7523 www.roomesurveying.com/Firm No. 10013100 Wylie City Council oF 1 AGENDA REPORT Meeting Date: December 10, 2019 Item Number: E Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: November 12, 2019 Exhibits: 1 Subject Consider, and act upon, the vendor application for the 1LT Robert F. Welch Run for Our Heroes Fundraiser 5k and Fun Run to be held at Founders Park on April 25,2020. Recommendation Motion to consider and act upon the vendor application for the 1LT Robert F. Welch Run for Our Heroes Fundraiser 5k and Fun Run to be held at Founders Park on April 25, 2020. Discussion The Run for our Heroes group will be hosting their annual run and vendor fair at Founders Park on April 25, 2020. Funds raised from the items sold will be used to support local charities such as the Wylie Education Foundation. The event was held at Wylie High School in 2018 and 2019. With construction currently underway at Wylie High School, event representatives are requesting to have the event in Founders Park in 2020. Staff will work with the local sports leagues to free up time around the park for the event during spring season meetings. The route for the run will be similar to the Turkey Trot held at Founders Park. This route for the run requires minimal staff oversight since it is all contained within the park. Some of the event will also be held at Wylie Stadium in addition to the park. Previous events conducted by this group have all been successful and they were approved by the Board and City Council. Staff is recommending approval to move this event back to City facilities due to the excellent track record of this group in working with staff and its effort to providing events for the community. The Parks and Recreation approved the vendor application at the November 11, 2019 meeting. The Board did recommend that staff work with the applicant to try and limit the duration of the event so as to prevent the sports leagues from cancelling or having to move games from the regular schedule. Staff will coordinate with the leagues and the applicant on creating a workable solution to accommodate the needs of the event and the league schedule. Page 1 of I tliff PARKS AND RECREATION CITY OF WYLIE 949 Hensley Lane, Building 200,Wylie,TX 75098 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to,finalize event with Parks&Recreation facility staff Recommended timeline for submission is 2-3 months in advance of event Please forward TYPED application to above address, email or fax Applicant Information Name of Organization: Organization's Website: 1LT Robert F.Welch III Charity Lwww.11twelchrunforourheroes.org Organization's Primary Contact Person(name only): Organization's Non-Profit Exemption Number/501c3(if applicable): Becky Welch 46-2234352 Event Information Event Name/Title: 1LT Robert F.Welch III Run for our Heroes Event Type(fundraiser,etc.): Purpose of Event: Fundraiser/Community Event Support our military,fire,and police heroes;community awareness Event Location: Proposed Event Date: Alternative Date: 1.Founder's Park [ 1st Date:April 25,2020- 2nd Date- Anticipated Number of Participating Vendors: Start Time(include setup): _End Time(include cleanup): 50+ ^�^ nnm 6am (set up)/8am (vendor 2pm (end o--„, t)/3pm ^� fair start)/ 9am (5k) (cleanup) Anticipated Event Attendance: Event Target Audience: About 1000 Local Community; Military Veterans and First Responders EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. 9`h Annual Run for our Heroes is an event that honors and celebrates the selfless service of our military veterans and first responders. It also honors the memories of our heroes who have lost their lives while in the line of duty.The event includes a free 5k run and 1 mile fun run starting at 9am;a vendor fair with live musical entertainment will take place from 8-2pm;free lunch for all military veterans and first responders and their families from 11-1pm.Vendors will include a mix of nonprofit organizations and local small and home businesses, NNNNNNNNoowNoowNoowNoowNoowNoowNoowNoowNoowNoowNo��NNoowNoowNoowNoowNoowNoow NOTE: If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact the Environmental Services Specialist at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.6-12-19 Wylie City Council oF 1 AGENDA REPORT Meeting Date: December 10, 2019 Item Number: F Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: November 8, 2019 Exhibits: Subject Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2019-2020 in the amount of$6,868.00. Recommendation Motion to approve an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2019-2020 in the amount of$6,868.00. Discussion Collin.County allocates funds for library services to cities in the county. For fiscal year 2020, Collin County will fund the Rita and Truett Smith Public Library $6,868.00 from October 2019. through September 2020. Payments are made to the City of Wylie on a quarterly basis. Page 1 of 1 THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE CITY OF WYLIE REGARDING THE RITA& TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the City of Wylie; a political subdivision of the State of Texas; hereinafter referred to as the "CITY". II. The COUNTY and CITY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The CITY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The Rita & Truett Smith Public Library, hereinafter referred to as the "LIBRARY", is a department of the City established by the City Council for administering and providing library services for the general public in Wylie and Collin County, Texas. The undersigned officers or agents of the COUNTY and the CITY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the CITY in the amount of$6,868.00 for the 2020 fiscal year (October 1, 2019 through September 30, 2020) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the CITY will provide the following services to the citizens of Collin County for the year of 2020: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. "Full library services" shall mean access to all library materials made available to Wylie residents. Notwithstanding the foregoing, City reserves the right to adopt and enforce rules and regulations regarding the use of the library facilities which make reasonable distinctions between Wylie residents and non- residents. City may promulgate rules regarding general access to library materials, including internet access, in its sole discretion. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the CITY by the COUNTY shall be used solely for library services to the public. The CITY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week(except officially recognized holidays). The CITY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the CITY, the COUNTY agrees to pay to the CITY for the full performance of this agreement the annual amount of $6,868.00. The CITY understands and agrees that payment by the COUNTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The CITY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The CITY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. COLLIN COUNTY SIGNATURE: Chris Hill, Collin County Judge Date CITY OF WYLIE SIGNATURE: Date PRINT NAME: TITLE: Wylie City Council oF AGENDA REPORT Meeting Date: December 10, 2019 Item Number: (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: November 25, 2019 Exhibits: Monthly Report Subject Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2019. Recommendation Motion to accept, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT October 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 31,772,141 472,526 472,526 1.49% A FRANCHISE FEES 2,768,000 0 0 0.00% B LICENSES AND PERMITS 1,020,990 88,108 88,108 8.63% INTERGOVERNMENTAL REV. 1,765,459 29,759 29,759 1.69% C SERVICE FEES 3,613,704 104,312 104,312 2.89% D FINES AND FORFEITURES 397,500 18,431 18,431 4.64% INTEREST INCOME 209,000 10,944 10,944 5.24% MISCELLANEOUS INCOME 173,500 6,392 6,392 3.68% OTHER FINANCING SOURCES 2,345,787 2,345,787 2,345,787 100.00% E REVENUES 44,066,081 3,076,259 3,076,259 6.98% USE OF FUND BALANCE 2,900,000 2,900,000 2,900,000 100.00% F USE OF CARRY-FORWARD FUNDS 115,271 NA NA NA G TOTAL REVENUES 47,081,352 5,976,259 5,976,259 12.69% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 92,331 7,688 7,688 8.33% CITY MANAGER 1,172,704 65,820 65,820 5.61% CITY SECRETARY 373,980 15,780 15,780 4.22% CITY ATTORNEY 170,000 0 0 0.00% FINANCE 1,190,351 49,328 49,328 4.14% FACILITIES 911,752 29,476 29,476 3.23% MUNICIPAL COURT 570,696 24,892 24,892 4.36% HUMAN RESOURCES 659,397 37,547 37,547 5.69% PURCHASING 188,657 10,490 10,490 5.56% INFORMATION TECHNOLOGY 2,024,105 50,928 50,928 2.52% POLICE 10,453,282 625,927 625,927 5.99% FIRE 8,948,433 463,363 463,363 5.18% EMERGENCY COMMUNICATIONS 1,909,121 77,238 77,238 4.05% ANIMAL CONTROL 634,080 33,798 33,798 5.33% PLANNING 306,332 17,303 17,303 5.65% BUILDING INSPECTION 596,587 29,847 29,847 5.00% CODE ENFORCEMENT 242,111 12,954 12,954 5.35% STREETS 3,951,452 95,637 95,637 2.42% PARKS 2,570,620 110,287 110,287 4.29% LIBRARY 2,122,694 100,094 100,094 4.72% COMBINED SERVICES 7,992,667 3,424,588 3,424,588 42.85% H TOTAL EXPENDITURES 47,081,352 5,282,985 5,282,985 G 11.22% REVENUES OVER/(UNDER) EXPENDITURES 0 693,274 693,274 1.47% A. Property Tax Collections for FY19-20 as of October 31, 2019 are 1.82%, in comparison to FY18-19 for the same time period of 1.85%. Sales tax is on a 2 month lag and has not been received. B. Franchise Fees: The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C. Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D. Service Fees: Trash fees billed in October are applicable towards FY 2018-19 revenue with the remaining fees coming from other seasonal fees. E. Other Financing Sources include the annual transfer from the Utility Fund. F. Use of Fund Balance: $1.2 million transfer to Public Safety Building and $1.7 million transfer to Fire Stations. G. Carry Forward items: MCCi Consulting Services$42,271, Library Projects $43,000, 3/4 Ton Pickup$30,000. H. Due to one-time expenditures including annual lease payments, transfers to Capital Project Funds and payment of back taxes to WISD on 802 Kirby Road. CITY OF WYLIE PRELIMINARY MONTHLY FINANCIAL REPORT October 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 20,707,808 240,768 240,768 1.16% 1 INTEREST INCOME 72,000 6,258 6,258 8.69% MISCELLANEOUS INCOME 33,000 1,160 1,160 3.52% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 20,812,808 248,185 248,185 1.19% USE OF FUND BALANCE 1,251,150 NA NA NA J USE OF CARRY-FORWARD FUNDS 540,580 NA NA NA K TOTAL REVENUES 22,604,538 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,234,220 45,126 45,126 3.66% UTILITIES -WATER 2,864,822 75,968 75,968 2.65% UTILITIES - SEWER 1,424,832 53,759 53,759 3.77% UTILITY BILLING 1,099,880 43,499 43,499 3.95% COMBINED SERVICES 15,586,353 3,242,574 3,242,574 20.80% L TOTAL EXPENDITURES 22,210,107 3,460,926 3,460,926 J 15.58% REVENUES OVER/(UNDER) EXPENDITURES 394,431 -3,212,741 -3,212,741 -14.39% I. Most Utility Fund Revenue billed in October was applicable to FY 2018-19. J. Use of Fund Balance: For Replacement/New Fleet& Equipment. K. Carry Forward items: Water Line Replacements$386,900, Rush Creek Odor Control $76,224, Utility Billing Bullet Proof Glass$60,000, Misc Engineering Desic L. Due to annual transfer to the General Fund. This will level out throughout the fiscal year. NTMWD Oct& Nov payments. Wylie City Council oF 1 AGENDA REPORT Meeting Date: December 10, 2019 Item Number: H Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 25, 2019 Exhibits: Investment Report Subject Consider, and place on file,the City of Wylie Monthly Investment Report for October 31, 2019. Recommendation Motion to accept, and place on file,the City of Wylie Monthly Investment Report for October 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2018-2019 Investment Report October 31, 2019 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,279,173.95 MMA 2.1715% Texpool 12/31/2006 NA 2 $15,828,140.27 MMA 1.8510% TexStar 3/15/2011 NA $31,107,314.22 Total Weighted Average Coupon: 2.0084% Money Markets: $31,107,314.22 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,107,314.22 Weighted Average Coupon 3.0000% 2.5000% 2.0000% 1.5000% 1.0000% 0.5000% 0.0000% Oct 2018 Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Wylie City Council oF 1 AGENDA REPORT Meeting Date: December 10, 2019 Item Number: I Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: Date Prepared: November 25,2019 Exhibits: Subject Consider, and act upon, Ordinance No. 2019-37 setting a date for the public hearing on February 11, 2020 to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. Recommendation Motion to approve Ordinance No. 2019-37 setting a date for the public hearing on February 11, 2020 to discuss and review updates to the Land Use Assumptions and Capital Improvements Plan. Discussion Chapter 395 of the Texas Local Government Code outlines the process for the adoption and update of Water, Wastewater and Thoroughfare Impact Fees. The Capital Improvements Advisory Committee met on November 19 to discuss the Comprehensive Land Use Plan, Land Use Assumptions, 10-year Capital Improvements Plan, and draft Impact Fees (attached). Approval of this ordinance sets the date for the public hearing to discuss the Land Use Assumptions and Capital Improvements Plan. Page 1 of 1 ORDINANCE NO. 2019-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, SETTING A DATE, ORDERING A PUBLIC HEARING FOR FEBRUARY 11, 2020 TO DISCUSS AND REVIEW UPDATES TO THE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN,AND WATER,WASTEWATER AND THOROUGHFARE IMPACT FEES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie,Texas ("City Council")has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS,the City Council has previously adopted Land Use Assumptions by Ordinance No. 2012-18 and Ordinance No. 2014-35; and WHEREAS, the City Council desires to conduct a public hearing in regards to the Capital Improvements Plan and Water, Wastewater and Thoroughfare Impact Fees in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION: 2: Call for Public Hearing. On the 11th day of February, 2020, at 6:00 pm in the City Council Chamber of Wylie City, 300 Country Club Drive, City of Wylie, Texas,the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Capital Improvements Plan and Water,Wastewater and Thoroughfare Impact Fees by the City of Wylie, Texas. Notwithstanding the foregoing,the above stated date for public hearing may be changed to any other date that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. Ordinance No.2019-37 Setting A Date,Ordering A Public Hearing For February 11,2020 To Discuss And Review Updates To The Land Use Assumptions,Capital Improvements Plan,And Water,Wastewater And Thoroughfare Impact Fees; SECTION 3: Notice of Hearing. The City Manager, or his designee, is hereby authorized and directed to cause notice of such hearing to be published in a newspaper in each county in which the City lies and send it by certified mail to anyone who has requested to receive it at least thirty (30) days before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government Code and to be provided as otherwise required by law. SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on December 10, 2019. ERIC HOGUE, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Ordinance No.2019-37 Setting A Date,Ordering A Public Hearing For February 11,2020 To Discuss And Review Updates To The Land Use Assumptions,Capital Improvements Plan,And Water,Wastewater And Thoroughfare Impact Fees; Wylie City Council AGENDA REPORT Meeting Date: December 10, 2019 Item Number: Department: Purchasing Account Code: 112-5614-58150 Prepared By: Glenna Hayes Budgeted Amount: $100,000.00 Date Prepared: December 4, 2019 Exhibits: Subject Consider,and act upon,the approval of the purchase of equipment and installation of equipment for Friendship and Kirby Parks from WeBuildFun Inc. in the amount of$97,915.00 through a cooperative purchasing contract with Buy Board, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of equipment and installation of equipment for Friendship and Kirby Parks from WeBuildFun Inc.in the amount of$97,915.00 through a cooperative purchasing contract with Buy Board,and authorizing the City Manager to execute any necessary documents. Discussion Friendship Park Playground(1621 White Ibis Way) is a very active park and was originally installed in 2002. Due to the aging of the park equipment, and the increasing expenses in maintenance, staff requested funding to replace the existing equipment with a modular structure that includes some shade coverage. Kirby Park Playground(300 Masters Ave)equipment was originally installed in 2008 and consists of a few free standing components. Staff is proposing replacing the aging swing set with a more updated version of the two bay swing set, and replacing the individual components with a modular structure that includes some shade coverage. Staff recommends the purchase of playground equipment from WeBuildFun Inc. in the amount of$97,915.00 through a cooperative purchasing program with Buy Board as providing the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Buy Board#5629-19; Wylie#W2020-39-I Page 1 of 1 Wylie CityCouncil Y AGENDA REPORT Meeting Date: December 10, 2019 Item Number: K Department: Purchasing Account Code: 100-5211-58510 Prepared By: Glenna Hayes Budgeted Amount: $252,000.00 Date Prepared: 12/2/2019 Exhibits: Subject Consider, and act upon, the approval of the purchase of seven (7) Chevrolet Tahoe Police Pursuit Vehicles and in the estimated amount of$221,070 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve of the purchase of seven(7) Chevrolet Tahoe Police Pursuit Vehicles and in the estimated amount of$221,070 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Discussion Police Department staff has been authorized to purchase seven (7) additional Chevrolet Tahoe PPV units. Four (4) black/white patrol units, and three(3) solid staff units. Six(6) of the units are replacements for existing inventory, with one (1)new unit added. Staff recommends the purchase of these vehicles through an inter-local purchasing agreement with Sheriff's Association of Texas as providing the best value to the City.The City is authorized to purchase from a cooperative purchasing program. with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Sheriffs' Association of Texas#20-01-1.01.7; Wylie#W2020-41-I Page 1 of I Wylie CityCouncil Y AGENDA REPORT Meeting Date: December 10, 2019 Item Number: L 611-5712-58510;100-5132- Department: Purchasing Account Code: 58510 Prepared By: Glenna Hayes Budgeted Amount: $119,000; $30,000 Date Prepared: 12/2/2019 Exhibits: Subject Consider, and act upon,the approval of the purchase of three(3)Chevrolet Silverado 3/4-T Trucks and one(1)Chevrolet 1-T Truck and in the estimated amount of$101,253.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve of the purchase of two(2) Chevrolet Silverado 3/4 T Trucks and one(1) Chevrolet 1T Truck and in the estimated amount of$101,253.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Discussion Water department staff has been authorized to purchase two (2) Chevrolet Silverado 3/4-T trucks and one (1) 1-T truck with a utility body, as replacements for existing inventory. Facilities staff has been authorized to purchase one(1) Chevrolet Silverado 3/4-T truck as a new unit added to inventory. Staff recommends the purchase of these vehicles through an inter-local purchasing agreement with Sheriff's Association of Texas as providing the best value to the City.The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Sheriffs' Association of Texas#20-01-1.01.7; Wylie#W2020-41-I Page 1 of I Wylie CityCouncil Y AGENDA REPORT Meeting Date: December 10, 2019 Item Number: M Department: Purchasing Account Code: 460-5460-58910 Prepared By: Glenna Hayes Budgeted Amount: $255,159.00 Date Prepared: 12/2/2019 Exhibits: Subject Consider, and act upon, the approval of Change Order No. 1 and Change Order No. 3 to contract#W2018-69-B Wylie Public Safety Building Remodel Project, in the amount of $147,461.00, with Pogue Construction Company and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve Change Order No. 1 and Change Order No. 3 to contract #W2018-69-B Wylie Public Safety Building Remodel Project, in the amount of$147,461.00, with Pogue Construction Company and authorizing the City Manager to execute any necessary documents. Discussion The Guaranteed Maximum Price(GMP)contract with Pogue Construction Company(CMAR)was approved by the City of Wylie City Council on August 27, 2019. The award of the contract included the GMP of$13,738.728.00 and an Owner's Contingency amount of$255,159.00 to cover unforeseen expenses. The CMAR has submitted two(2)change orders. Change Order No. 1 in the amount of$79,195.00 is for the installation of additional water line (which was shown but did not exist on building plans) for the fire suppression system. This change order also covers the removal and re-installation of a portion of the existing parking area that is affected by the water line installation. Change Order No. 3 in the amount of$68,266.00 is for unforeseen foundation damages to the slab, and covers the installation of supports and lifting of the existing slab. In accordance with Texas Local Government Code 252.048, Staff recommends the approved of Change Order No. 1 and Change Order No. 3 in the total amount of $147,461.00 to be paid from the previous approved contingency fund; no additional funds are required. Page 1 of 1 Wylie City Council ie AGENDA REPORT Meeting Date: December 10, 2019 Item Number: 1 (City Secretary's Use Only) Department: City Manager Prepared By: Renae' 011ie Account Code: Date Prepared: November 27, 2019 Exhibits: 13 Subject Tabled from 10-22-2019 Remove from table and consider Consider authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed-use master planned community. Located south of Alanis Drive and east of SH 78. Recommendation Tabled from 10-22-2019 Remove from table and consider Motion to (approve/approve with conditions/deny) authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed-use master planned community. Located south of Alanis Drive and east of SH 78. Discussion Owner: Serene District Townhomes,Dba The District Townhome; The District Lifestyle LLC; and The District Lifestyle II LLC Applicant: Ryan Cole Tract 1 consisting of 4.79+ acres is situated in Wylie's ETJ. The Agreement states that Tract 1 owner petitions for voluntary annexation of Tract 1 and to develop Tract 1 for townhome uses. In addition, owner of Tracts 2 & 3 and owner of Tracts 4 & 5 desire to develop approximately 11 acres for mixed use consisting of condos, apartments, and commercial/retail uses. Total acres 20.433+. The applicant has worked with staff and made the necessary corrections as discussed with Council. Summary of the Agreement: - Agreement Page 4 Section C commits Tracts 2, 3,4, & 5 to submit zoning application within 10 days of adoption of Tract 1 Annexation Ordinance. - Agreement Page 5 Section E.2 sets forth the regulations of exterior building materials stating that All property owners agree that the City can enforce the building materials specified in Exhibit K and not,from a rule, charter provision, ordinance, order, building code, or other regulation of the City. Page 1 of 1 Page 2 of 2 - Exhibit B Preliminary Overall Site Layout. 11 commercial lots, six mixed use lots, and one lot containing a multi-story parking structure. The request is for a minimum 790 spaces consisting of a mix of ground parking and parking garage structures. - Exhibit F General Standards requires at least 40,000 sq. ft. of commercial/retail/office/residential space to be constructed on Tracts 2, 3, and/or 4 & 5 prior to receiving final inspections or certificates of occupancy for any building on Tract 1. No less than 20,000 sq. ft. of commercial/retail space and no less than 10,000 sq. ft. of office space. - Exhibit F, Section 4 Commercial Retail Standards outlines the proposed shared parking across all properties, which is common in mixed-use developments. The applicant is requesting a reduction of 15% from the required parking(minimum of 790 spaces). Each lot of the commercial mixed-use development will be encumbered by a shared parking agreement (Exhibit L). If approved, Exhibit L must be signed and made part of the Executed Agreement. - Exhibit G Zoning Comparison Townhome Current TH Wylie Standards Proposed 3,500 sf exterior lots 1,495 sf on rear entry units (min) 3,000 sf interior lots 1,875 sf on front entry units (min) Min lot width 30' Min. lot width 23' Min lot depth 100' Min. lot depth 66' Corner lot width 45' Corner lot width 15' 1,000 sq. ft. min. 2 dwellings 1,403 sq. ft. min. dwelling excludes garage 1,200 sq. ft. min. 3+dwellings 20 ft. front setback 11 ft. front 0-5 ft. side setback 5 ft. side 25 ft. rear setback min 10 ft. rear Elevation repetitions (7 same side/4 opposite) 14 same side with color variation 100%masonry exterior no EIFS for exterior walls Ext. brick, stone, masonry stucco, 15% EIFS accent Minimum 2 car garage (appx 400 sq. ft.) Carriage style appearance&hardware Roof Pitch 8:12 Roof Pitch 6:12 Commercial Current CC Wylie Standards Proposed Max height 50' Max height 50' #of stories 4 #of stories 4 Lot coverage 50% Lot coverage up to 3 lots 65% Cumulative not exceed 50% Parking by single use (959) 15% reduction(815). Providing 790 Masonry product w/max 20% EIFS accent 75%masonry/25%decorative accent. No EIFS Multifamily uses are not allowed in Commercial Corridor(CC) District. However, with the approval of the agreement and ultimately the Planned Development zoning, multi-family would be an allowed use by right when in a mixed-use development. The current standards for multi-family zoning is 15 units per acre. The applicant is proposing 46 units per gross acre. Apartments will be mixed in six of the 17 buildings. The agreement does not address exact utility connections. Prior to Preliminary Plat approval, the applicant must provide the necessary documents to show how utilities will be acquired. This includes, but is not limited to a lift station, or separate instruments with adjacent property owners. Notice of Confidentiality Rights: If you are a Natural Person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT (Pending Annexation) (The District) THIS DEVELOPMENT AGREEMENT PENDING ANNEXATION ("Agreement") is made and entered into as of the day of ,2019("Effective Date")by and between the CITY OF WYLIE, TEXAS, a Texas home-rule municipality ("City"), and SERENE DISTRICT TOWNHOMES, LLC, a Texas limited liability company doing business as THE DISTRICT TOWNHOME ("Tract 1 Owner"), the owner of approximately 4.165± acres of land situated in the extraterritorial jurisdiction ("ETJ") of City, as more particularly described in Exhibit "Al", attached hereto and incorporated herein for all purposes ("Tract 1"). In addition, THE DISTRICT LIFESTYLE LLC, a Texas limited liability company("Tracts 2 & 3 Owner"), the owner of approximately 11.48+ acres of land (comprised of two adjacent tracts — Tract 2 (6.648+acres)and Tract 3 (4.83+acres)) situated adjacent to Tract 1 inside the corporate limits of the City, and more particularly described in Exhibit "A2", attached hereto and incorporated herein for all purposes("Tracts 2& 3"), along with THE DISTRICT LIFESTYLE II LLC, a Texas limited liability company("Tracts 4& 5 Owner"),the owner of approximately 4.79±acres of land(comprised of two adjacent tracts—Tract 4 and Tract 5 (4.79± acres combined) situated adjacent to Tracts 2 & 3 inside the corporate limits of the City,and more particularly described in Exhibit"A3",attached hereto and incorporated herein for all purposes ("Tracts 4 & 5" and together with. Tract 1 and Tracts 2 & 3, the"Property"),join in this Agreement concerning certain obligations related to Tracts 2&3 and Tracts 4& 5, respectively, each of which desiring to be bound by contract to comply with such obligations as set forth in this Agreement. City, Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner may hereinafter be referred to collectively as the "Parties"or each individually as a"Party." WHEREAS, Tract 1 Owner desires to develop Tract 1 for townhome uses and desires to enter into this Agreement regarding the annexation of Tract 1 and standards for development of Tract 1; and WHEREAS, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner desire to develop the remainder of the Property for mixed uses and will make an application to the City for planned development zoning for Tract 2, Tract 3, Tract 4 and Tract 5; and WHEREAS, pursuant to §212.172, Texas Local Government Code, as amended, City is authorized to make this Agreement with Tract 1 Owner, for the purposes set forth in said section, regarding Tract 1 because the same is located in the City's ETJ;and WHEREAS,Tract 1 Owner and City desire to agree on the matters set forth in this Agreement with respect to Tract 1 pursuant to and in accordance with§212.172, Texas Local Government Code, as amended, and pursuant to Chapter 43, Subchapter C-3, Texas Local Government Code, as Development Agreement—The District Page 1 of 15 239 10108v.1 amended; and WHEREAS, Tract 1 Owner and City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of Tract 1 under the provisions of Subchapter C-3, Chapter 43, Texas Local Government Code, as amended, and within ten (10) calendar days of the Effective Date of this Agreement, Tract 1 Owner shall submit a complete annexation application ("Annexation Application"), on the form attached hereto as Exhibit "J", to petition for the annexation of Tract 1, and upon the request of the City, Tract 1 Owner shall promptly execute all other applications and documentation required by Texas law to petition for annexation as required by Texas law; and WHEREAS, after submission of the Annexation Application, City staff will place the Annexation Application on the next available City Council agenda for its consideration and possible action, in accordance with Subchapter C-3, Chapter 43, Texas Local Government Code, as amended; and WHEREAS,this Agreement is entered into pursuant to Chapter 43, Subchapter C-3, and Section. 21.2.172 of the Texas Local Government Code, as amended; and WHEREAS, the City Council has investigated and determined that it is in the best interest of City and its citizens to enter into this Agreement; and WHEREAS, the Parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW,THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: A. APPLICABILITY. 1. City Council Approval. The Parties acknowledge and agree that this Agreement shall not be effective until executed by all Parties following the approval of the City Council and the attendant authorization of the City Manager to execute the same ("City Council Approval"). 2. Land Subject to Agreement.The land that is subject to this Agreement is the Property. Tract 1 Owner represents that it is the sole owner of Tract 1; Tracts 2 & 3 Owner represents that it is the sole owner of Tracts 2 & 3; and Tracts 4& 5 Owner represents that it is the sole owner of Tracts 4& 5. B. TRACT 1 1. Annexation/Enforcement/Waiver and Release/Term. a. It is specifically understood and agreed between City and Tract 1 Owner that Tract 1 is currently outside City's corporate limits. b. The Tract 1 Owner and City acknowledge and agree that this Agreement constitutes an agreement to petition for annexation of Tract 1 with the consent of the owner thereof in. accordance with Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. Owner acknowledges and agrees that Tract 1 is eligible for annexation under Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. Within ten (10)calendar days of Effective Date of this Agreement Development Agreement—The District Page 2 of 15 23910108v.1 Tract 1 Owner shall submit the Annexation Application, requesting the City Council to voluntarily annex Tract 1. Upon the request of the City, Tract 1 Owner shall promptly execute all other applications and documentation required by Texas law to petition for annexation as required by Texas law. Owner acknowledges and agrees that Tract 1 is eligible for annexation under Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. City staff shall diligently process the Annexation Application in accordance with applicable law, and Owner hereby acknowledges and agrees that City makes no warranties and/or guarantees with regard to the outcome of the Annexation Application. Tract 1 Owner shall bear all City fees/cost associated with the Annexation Application. c. After submission of the Annexation Application, should the City Council fail to consider the Annexation Ordinance or should a vote on such ordinance fail within sixty (60) days of the date the complete Annexation Application is submitted, City and Tract 1 Owner acknowledge and agree that this Agreement shall thereafter and automatically be of no force and effect as to Tract 1, and City will execute a notice of termination in recordable form. If the City annexes Tract 1 pursuant to the Annexation Application, City agrees to allow service connections to the municipal water and wastewater system immediately following annexation provided that the City has the legal right to provide Tract 1 with water and wastewater services and further provided that Tract 1 Owner complies with City's usual and customary rules and regulations governing such connections, including payment of all applicable fees and costs. 2. Development Regulations. In accordance with the provisions of§212.172,Texas Local Government Code, as amended, Tract 1 Owner agrees that from the Effective Date of this Agreement until such time as an ordinance annexing Tract 1 ("Annexation Ordinance") is approved and becomes effective in accordance with the City Charter and applicable law,the use and development of Tract 1 shall be subject to all applicable ordinances, rules, and regulations of the City, as they exist, may be amended or in the future arising (collectively, the "Regulations"), including but not limited to the Subdivision. Ordinance,the Zoning Ordinance and all building and fire codes. During such time period,the City shall be entitled to enforce the Regulations in the same manner as if Tract 1 was located wholly within the corporate limits of the City. Tract 1 Owner agrees that Tract 1 Owner shall not construct or permit the construction of any buildings on Tract 1 until the part or parcel of Tract 1 has been properly subdivided, annexed into and permanently zoned by the City, subject to the terms of this Agreement. Tract 1 Owner agrees that Tract 1 Owner will not request final approval of any type of plat or other development document for any part or parcel of the Property with Collin County, the City or otherwise until such part or parcel of the Property has been properly annexed into the City. Subject to the terms of this Agreement, Tract 1 Owner agrees to obtain permits and inspections from the City and pay all related fees to the City. 3. Zoning Application. The Parties agree that concurrent with the filing of the Annexation Application, the Tract 1 Owner shall submit to the City an application to permanently zone Tract 1 in accordance with the City's usual and customary procedures and requirements for such applications. The Parties agree that the zoning application will request a planned development district based on (i) the townhome renders, attached hereto as "Exhibit E", (the "Townhome Exhibit"), and (ii) the concept plan attached hereto as "Exhibit B", the development and architectural standards attached hereto as"Exhibit F",the zoning and subdivision modifications attached hereto as "Exhibit"G", the Open Space Plan attached hereto as"Exhibit H", the perimeter screen wall description attached hereto as "Exhibit P', and the agreed building materials and methods standards attached hereto as "Exhibit K' (collectively, the "Development Exhibits"). The Parties agree that, if the zoning application is approved and permanent zoning granted by the City Council, Tract 1 will be developed pursuant to the Development Exhibits. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular zoning requested in the zoning Development Agreement—The District Page 3 of 15 23910108v.1 application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular zoning requested in the zoning application or otherwise. Regardless of whether the zoning application is approved by the City Council, and notwithstanding the provisions of Section B.2. of this Agreement, Tract 1 may be developed in accordance with this Agreement, the Townhome Exhibit and the Development Exhibits for a period of five (5) years from the Effective Date of this Agreement. Tract 1 Owner agrees that City may enforce the Townhome Exhibit and the Development Exhibits in the same manner that the City enforces its Zoning Ordinance. 4. Platting. Tract 1 Owner shall submit a preliminary plat application for Tract 1 in accordance with the City's usual and customary procedures and requirements for such applications. The preliminary plat application shall comply with this Agreement, the Townhome Exhibit and the Development Exhibits and the City's then-current Subdivision Regulations and other applicable laws, ordinances and requirements, unless in conflict with the terms of the Agreement, in which case this Agreement shall control. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular preliminary plat requested in the preliminary plat application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular preliminary plat requested in the application or otherwise. C. TRACTS 2 & 3 AND TRACTS 4 & 5. Tracts 2 & 3 Owner and Tracts 4 & 5 Owner shall, prior to or within ten(10)calendar days of the City Council's adoption of the Tract 1 Annexation Ordinance, submit to the City a zoning application and a preliminary plat application for the zoning and platting of Tracts 2 & 3 and Tracts 4 & 5 in accordance with(i) this Agreement, (ii) the commercial renders attached hereto as "Exhibit C", the luxury multifamily renders attached hereto as "Exhibit D" (collectively, the "Mixed-Use Exhibits") and (iii) the Development Exhibits, in accordance with the City's usual and customary procedures and requirements for such applications. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular zoning or platting requested in the zoning or platting applications or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees, and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular zoning or platting requested in the zoning or platting applications or otherwise. Development of Tracts 2 & 3 and Tracts 4 & 5 in accordance with the Mixed-Use Exhibits and Development Exhibits shall include a reciprocal parking easement in a format substantially similar to that attached hereto as "Exhibit L", or another form acceptable to the City. D. DEFAULT/WAIVER AND RELEASE. 1. If Tract 1 Owner, Tracts 2 & 3 Owner or Tracts 4 & 5 Owner fail to comply with the terms and conditions of this Agreement with respect to the obligations of each such owner, the City shall have the following remedies with respect to each such owner, in addition to City's other rights and remedies: a. to refuse to issue building permits on each such owner's property; b. to refuse to approve any engineering plans; Development Agreement—The District Page 4 of 15 23910108v.1 c. to initiate a zoning change on Tract 1; d. to terminate this Agreement; e. to disannex Tract 1, if annexed pursuant to this Agreement; and/or f. to seek specific performance of this Agreement. 2. In the event City fails to comply with the terms and conditions of this Agreement, Tract 1 Owner is entitled to seek specific performance of this Agreement,an injunction or mandamus, if legally available, as the sole and exclusive remedy. The City shall have no liability or obligation to Tracts 2 & 3 Owner or Tracts 4 & 5 Owner under this Agreement. E. MISCELLANEOUS PROVISIONS. 1. Agreement a Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Collin County and shall be a covenant running with the land, binding upon all Parties having any right, title or interest in the Property or any part thereof, including their respective heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. This Agreement may not be revised or amended without the written consent of all Parties. 2. Building Materials. Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner hereby voluntarily consent and agree that in the construction,renovation, maintenance, and alteration of any existing or future building on the Property, Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner and their successors and assigns shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that is not approved by the City and set forth in Exhibit "K", attached hereto and incorporated herein for all purposes, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code,as it exists or may be amended. The City hereby designates the Property as culturally or architecturally important and significant, and Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner, on behalf of themselves and their respective successors and assigns, hereby voluntarily consent and agree to such designation. Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner, on behalf of themselves and their respective successors and assigns, hereby voluntarily waive any rights or protections that may exists under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agree that the City's right to enforce the building products and materials and aesthetic methods specified in Exhibit "K" arise from this Agreement and not from a rule, charter provision, ordinance, order, building code, or other regulation of the City. 3. Notice of Agreement. Prior to the sale or conveyance of any portion of the Property, the owner of such portion shall give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall promptly provide a copy of such disclosure to the City and shall give prompt written notice of the sale or conveyance to the City. 4. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights in, on or to the Property, or any portion thereof or interest therein. In addition, nothing contained in this Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local Government Code,as amended, and nothing in this Agreement provides the City with fair notice of any project of a Party. 5. Limitations of Agreement.The Parties acknowledge that the City's regulations covering Development Agreement—The District Page 5 of 15 23910108v.1 property taxes, utility rates, permit fees, inspection fees, tree mitigation fees, development fees, parkland dedication, park fees, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of any Party to the City under any City regulations. The Parties acknowledge that this Agreement is expressly limited to the provisions contained herein. 6. Incorporation of Recitals. The recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as if set forth verbatim and adopted as findings of each Party. 7. Binding Agreement; Assignment. The terms and conditions of this Agreement are binding upon the Parties hereto. This Agreement may not be assigned by any owner of the Property, in whole or in part, except to an affiliate of such owner without the consent of the City. 8. Notices. 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 electronic mail, with documentation evidencing the addressee's receipt thereof, or a hand-delivery service, Federal Express or any courier service that provides a 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 notice, the addresses of the Parties shall be as follows: If to City. addressed to it at: City of Wylie ATTN: Chris Hoisted, City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Electronic Mail: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. ATTN: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Electronic Mail: rpittman@abemathy-law.com If to Tract 1 Owner, addressed to it at: The District Townhome c/o Daydra Management LLC ATTN: Ryan Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com. If to Tracts 2 & 3 Owner, addressed to it at: The District Lifestyle, LLC Development Agreement—The District Page 6 of 15 23910108v.1 c/o Daydra Management LLC ATTN: Ryan.Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com. If to Tracts 4 & 5 Owner, addressed to it at: The District Lifestyle II, LLC c/o Daydra Management LLC ATTN: Ryan Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com With a copy to: Jackson Walker LLP ATTN: Suzan Kedron 2323 Ross Avenue Dallas, Texas 75201 Telephone: (214) 953-5943 Electronic Mail: skedron@jw.com 9. Warranties/Representations. All warranties, representations and covenants made by a Party to any other Party in this Agreement,or in any certificate or other instrument delivered by a Party to any other Party under this Agreement, shall be considered to have been relied upon by the receiving Party. 10. Entire Agreement. This 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 the mutual written agreement of the Parties hereto. 11. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 12. Consideration.This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 13. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other Parties. 14. 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 noother parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Development Agreement—The District Page 7 of 15 23910108v.1 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 Effective Date. 15. Savings/Severability. In case any one or more of the provisions contained in this Agreement 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 provisions hereof,and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. 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. 17. No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 18. Waiver. Waiver by any Party of any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time, shall not, in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. 19. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 20. Miscellaneous Drafting Provisions.This Agreement shall be deemed drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. 21. Term. Subject to Section B.l.c. above, and unless earlier terminated as provided herein, the term of this Agreement shall begin on the Effective Date of this Agreement and shall end five (5)years thereafter. [Signatures appear on the next page.] Development Agreement—The District Page 8 of 15 23910108v.1 IN WITNESS WHEREOF,the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: Attest: CITY OF WYLIE,TEXAS, a home-rule municipality By: Chris Hoisted, City Manager Stephanie Storm, City Secretary TRACT l OWNER: SERENE DISTRICT TOWNHOMES LLC a Texas limited liability company d/b/a THE DISTRICT TOWNHOME By: Printed Name: Its: TRACTS 2 & 3 OWNER: THE DISTRICT LIFESTYLE LLC a Texas limited liability company By: Printed Name: Its: TRACTS 4 & 5 OWNER: THE DISTRICT LIFESTYLE II LLC a Texas limited liability company By: Printed Name: Its: Development Agreement—The District Page 9 of 15 23910108v.1 LIST OF EXHIBITS • EXHIBIT Al —Legal Description of Tract 1 • EXHIBIT A2 —Legal Description of Tracts 2 & 3 • EXHIBIT A3 —Legal Description of Tract 4 & 5 • EXHIBIT B— Preliminary Overall Site Plan • EXHIBIT C—Commercial Renders • EXHIBIT D—Luxury Multifamily Renders • EXHIBIT E— Townhome Elevations • EXHIBIT F—Development and Architectural Standards • EXHIBIT G—Zoning and Subdivision Modifications • EXHIBIT H - Open Space Exhibit • EXHIBIT I— Perimeter Screen Wall • EXHIBIT J—Form of Annexation Application • EXHIBIT K—Agreed Building Materials and Methods Standards • EXHIBIT L— Parking Easement Agreement • EXHIBIT M - Signage • EXHIBIT N—Parking Elevation • EXHIBIT 0 - Hose Layout • EXHIBIT P— Sewer Options • EXHIBIT Q—Bridge Easement Agreement Development Agreement—The District Page 10 of 15 23910108v 1 EXHIBIT Al—LEGAL DESCRIPTION OF TRACT 1 SITUATED in the State of Texas and the County of Collin,being part of the R. D.NEWMAN SURVEY,Abstract No. 660,being part of a called 4.95 acre tract of land conveyed to All East Inc. by deed recorded in Document No. 92-0081176 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod capped "Roome" set for corner in the existing southeast right-of-way line of State Highway 78,in the southwest line of said 4.95 acre tract and marking the northwest corner of Tract 2 of Woodbridge Villas, an addition to the City of Sachse, Collin County, Texas, according to the plat thereof recorded in Volume P, Page 933 of the Plat Records of Collin County, Texas; THENCE with said southeast right-of-way line and crossing said 4.95 acre tract,North 52° 18' 37" East, 673.36 feet to a 1/2 inch iron rod capped "Roome" set line of said 4.95 acre tract and marking the northwest corner of the remainder of a called 7.062 acre tract of land conveyed to T. S. Miller, Ltd. by deed recorded in Volume 4418, Page 1494 of the Deed Records of Collin County, Texas; THENCE with the west line of said Miller tract and the east line of said 4.95 acre tract, South 20° 08' 57" East, 517.58 feet to a point for corner in the north line of the remainder of a called 83.2736 acre tract of land conveyed to WGC Properties, LLC by deed recorded in Volume 4110, Page 1774 of the Deed Records of Collin County, Tex southwest corner of said Miller tract and the southeast corner of said 4.95 acre tract, from which an old wood fence post found for reference bears South 20° 08' 57" East, 0.59 feet; THENCE with the north line of said WGC Properties tract, the north line of said Tract 2 and the south line of said 4.95-acre tract,North 88°51'27" West, 185.63 feet to a 1/2-inch iron rod capped "Roome" set for corner; THENCE with the north line of said Tract 2 and the south line of said 4.95-acre tract as follows: North 86° 39' 56" West, 117.57 feet to a 1/2-inch iron rod capped "Roome" set for corner; North 87° 36' 56" West, 315.06 feet to a 1/2-inch iron rod capped"Roome" set for corner; and North 61° 33' 29" West, 106.20 feet to the point of Beginning and containing 4.165 acres of land, more or less. Development Agreement—The District Page 11 of 15 23910108v.1 EXHIBIT A2—LEGAL DESCRIPTION OF TRACTS 2 & 3 Tract 2 Legal Description Situated in Collin County, Texas, and BEING a tract out of the:RI l 1 . E SIJRVEY,ABSTRACT NO.660 and being part of a 9.70 acre tract as described id a Deed hornJ. R. Beck et IA to R. S. Williams, dated 10-20-1910,recorded in Volume 165, fags 430 of the Collin in County Deed Records, d being part of a 17.062 re tract of land arid being ore particularly described as follows. BEG 1NCa at the Southwest corner of said 19,70 acre tract, said comer r 4{ g the Southwest comer of said 17, 6 acre tract; THENCE E North 20 leg, 28 Min. West with fence lie and with the Southwest line of said 19.70 re tract and said 17.062 acre tract, 562.60 feet to a.stale for comer set in the Southeast ROW .line of State Highway No.7 THENCE North 52 deg. 16 min.East with the South*. t ROW line of date Highway No. 78, d the Northwest line of said 17.062 acre tract,463.80 Feet to a stare for corner; (continued next page) Development Agreement—The District Page 12 of 15 23910108v.1 THENCE South 18 deg. 29 min.. East across said 19.70 acre tract and across said 17.062 act-4 tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. West with fence line and with the South line of said 19.70 acrt tract and said 17.062 acre tract, 447.90 feet to the PLACE OF BEGINNING and containinE 7.062 acres of land,more or less. SAVE & EXCEPT: Being that parcel conveyed by Judgment recorded in Volume 4418, Page 1353, Real Records of Collin County,Texas,and being more particularly described as follows: BEING 18,029 square feet or 0.4139 acres of land, more or less, situated in the City of Wylie and in the R.D. Newman Survey, Abstract Number 660, Collin County, Texas, and being a part of the land conveyed to Troy J. Miller by deed as recorded in Volume 1719, Page 301, Deed Records of Collin County, Texas; said 18,029 square feet or 0.4139 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod being the southeast corner of a tract of land conveyed to Leon Jackson Robinson and wife, Belva Jo Robinson by deed as recorded in Volume 1150, Page 200, Deed Records of Collin County, Texas, and the southwest corner of a tract of land conveyed to Robert Bair by deed as recorded in Volume 887, Page 705, Deed Records of Collin County, Texas; THENCE North 19 degrees 34 minutes 18 seconds West along the common property line of said Robinson tract of land and said Bair tract of land for a distance of 1,004.23 feet to a point in the new southern right of way line of State Highway 78; THENCE South 52 degrees 19 minutes 07 seconds West along said new southern right of way line for a distance of 230.77 feet to an iron rod set in the common property line of said Robinson tract of land and said Miller tract of land,said iron rod set being the POINT OF BEG G; THENCE continuing along said new southern right of way line as follows: (1) South 52 degrees 19 minutes 07 seconds West for a distance of 251.04 feet to a P.K. Nail set at an angle point; • (2) South 46 degrees 36 minutes 12 seconds West for a distance of 100.50 feet to a P.K. Nail set at an angle point; (3) South 52 degrees 18 minutes 50 seconds West for a distance of 114.49 feet to an iron rod set in the common property line of said Miller tract of land and a tract of land conveyed to Homer E. Minyard and wife, Billie Jean Minyard by deed as recorded in Volume 2424, Page 17, Deed Records of Collin County, Texas; (4) THENCE North 20 degrees 25 minutes 18 seconds West along said common property line for a distance of 47.54 feet to the northeast corner of said Minyard tract of land and the northwest corner of said Miller tract of land, in the existing southern right of way line of State Highway 78; (continued next page) Development Agreement—The District Page 13 of 15 23910108v 1 (5) THENCE North 52 degrees 18 minutes 42 seconds East along said existing southern right of way Ike for a di cc of 463.80 feet to the northeast corner of said Miller tract of land and the northwest corner of said Robinson tract of land; (6)THENCE South 18 :let es 26 minutes 18 seconds East along the common property line of said Miller tract of land and said Robinson tract of land for a distance of 37.53 feet to the PO OF BEGINNINGS,and containing an area of 18,029 sq : e feet or 0.4139 acres of land,more or less. Tract 3 Legal Description ABS A0660 R 0 NEWMAN SURVEY,TRACT 11,4.8125 ACRES ABST/SUB ID A0660 Collin County TX BEING a 4.83 acre tract of land situated in the Richard D. Newman Survey,Abstract No. 660, Collin County, Texas and being a portion of a tract of land described in deed to AUSTIN WYLIE REALTY, LTD., recorded in Document Number (Doc. No.)97-0078085 of the Deed Records of Collin County,Texas (D.R.C.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2"iron rod with cap stamped"ROOME"found at the West corner of a tract of land described in deed to Serene District Townhomes LLC, recorded in Doc. No. 20180525000643000 D.R.C.C.T., the common Northwest corner of WOODBRIDGE VILLAS, recorded in Slide 8591 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and in the Southwest Right-of-Way(R.O.W.) line of State Highway No. 78 (variable width R.O.W.); THENCE N 51°2412" E with the Southwest R.O.W. line of said State Highway No, 78,a distance of 1132.84 feet to a 1/2"iron rod with cap stamped"EAGLE SURVEYING"set in the West line of said AUSTIN WYLIE REALTY, LTD tract,the common East line of a tract of land described in deed to T.S. Miller, LTD., recorded in Doc. No. 99- 0061615 D.R.C.C.T. and at the POINT OF BEGINNING', THENCE N 51'37'59" E, over and across said AUSTIN WYLIE REALTY, LTD tract, with the Southwest line of a "Save and Except", recorded with said AUSTIN WYLIE REALTY, LTD deed in Doc. No. 97-0078085, same being the Southwest R.O.W. line of said State Highway No. 78, a distance of 231.65 feet to a 1/2"iron rod with cap stamped"EAGLE SURVEYING"set in the East line of said AUSTIN WYLIE REALTY, LTD tract and at the Northwest corner of a tract of land describe in deed to GREENWOOD JV, LTD, recorded in Volume 5995, Page 4195 D.R.C.C.T.; THENCE S 20°15'27" E, with the East line of said AUSTIN WYLIE REALTY, LTD tract and the common West line of said GREENWOOD JV, LTD tract, a distance of 1004.20 feet to a 1/2"iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract,the common Southeast corner of said GREENWOOD JV, LTD tract and in the North line of WOODBRIDGE GOLF CLUB, recorded in Slide 4157 P.R.C.C.T.; THENCE N 88°1427"W, with the south line of said AUSTIN WYLIE REALTY, LTD tract and the common North line of said WOODBRIDGE GOLF CLUB, a distance of 255.34 feet to a 1/2"iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract and the common Southeast corner of said T.S.Miller, LTD tract; THENCE N 19°07'27"W, with the West line of said AUSTIN WYLIE REALTY, LTD tract and the common East line of said T.S. Miller, LTD tract,a distance of 836.64 feet to the POINT OF BEGINNING and containing 4.83 acres of land more or less. Development Agreement—The District Page 14 of 15 23910108v 1 EXHIBIT A3—COMBINED LEGAL DESCRIPTION OF TRACTS 4 & 5 SITUATED in the State of Texas and the County of Collin,being part of the RICHARD D.NEWMAN SURVEY, ABSTRACT NO. 660, being all of a tract of land conveyed to Michael David Morris by deed recorded in County Clerk's File No. 99- 0008047 of the Deed Records of Collin County, Texas, and these premises being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South right-of-way line of South State Highway No. 78, marking the Northeast comer of a tract of land conveyed to Austin Wylie Realty,Ltd.,by deed recorded in County Clerk's File No. 97-0078085 of the Deed Records of Collin County,Texas and the Northwest corner of said premises; THENCE with said South right-of-way line and the North line of said premises,North 52 degrees 16 minutes 25 seconds East, 270.83 feet to a 1/2 inch iron rod set marking the Northwest comer of a tract of land conveyed to Larry Van Nelson and Polly H. Nelson by deed recorded in County Clerk's File No. 94-0066961 of the Deed Records of Collin County, Texas and the Northeast comer of said premises; THENCE with the West line of said Nelson tract and the East line of said premises as follows: South 20 degrees 51 minutes 00 seconds East, 478.43 feet to a 1/2 inch iron rod set; South 47 degrees 06 minutes 00 seconds East, 38.70 feet to a 1/2 inch iron rod set; South 21 degrees 04 minutes 00 seconds West, 115.60 feet to a 1/2 inch iron rod set; South 00 degrees 42 minutes 00 seconds East, 402.00 feet to a 1/2 inch iron rod set; South 03 degrees 57 minutes 00 seconds East, 130.40 feet to a 1/2 inch iron rod set in the North line of a tract of land conveyed to WGC Properties, LLC by deed recorded in County Clerk's File No. 98- 0017594 of the Deed Records of Collin County, Texas, marking the Southwest corner of said Nelson tract and the Southeast comer of said Premises; THENCE with the North line of said WGC Properties, LLC tract and the South line of said premises, North 87 degrees 36 minutes 00 seconds West, 48.19 feet to a 1/2 inch iron rod set marking the Southeast corner of said Austin Wylie Realty,Ltd. tract and the Southwest corner of said premises; THENCE with the East line of said Austin Wylie Realty, Ltd. tract and the West line of said premises, North 19 degrees 37 minutes 00 seconds West, 1003.91 feet to the POINT OF BEGINNING and containing 4.79 acres of land,more or less. Development Agreement—The District Page 15 of 15 23910108v.1 A B C D E F Q / / 5t /� � � — — ,,,,,,, ,,," :': \., ' \ % 0 .. . , s ,. \ \ V (A \ 300� %� to : Jam= 5 ce 3 '� 3 0' Cc\ 0 10 30 50 100 150 l V� , „ „ . . \ 4 § SCALE: 1" = 50' ti 5 EXISTING LEGEND � ., ,<� '� F -- PROPERTY LINE ,,,, : ,: ,:::,,„,,,,,'/,,,,:. l' ''',''',,,,,„ ''' I: ,,,„ ,,, o-, w w FIRE HYDRANT W/GATE VALVE r \ W WATERLINE W/GATE VALVE ": « / °` w W WATERLINE W/METER ��i 0 t t ,t:' ts t'''' ,',',''''.''tl, „„. ' „t„ r 6'X » „" 6'MONUMENT L E Rw Rw RECLAIMED WATERLINE W/GATE VALVE p� ( Y ) NU / SIGN(TYP) � � . ,w r,_ O.1 " .� ww ww WASTEWATER MANHOLE »• W �� :..," p f ww ww WASTEWATER W/CLEANOUT 6 • ' _I l;,i^g �� STORM SEWER W/MANHOLE STORM SEWER CURB INLET `P i STACKING LENGTH JP�..•' 30p » PROPOSEDVARIABLE � R C �" -175+LF WIDTH ,�� „ oi,E '� OVERHEAD ELECTRIC W/POWER POLE titi 777 m ,y GAS LINE LANE, . ,,- ,t ,, tr\ '1 � �e� WATER, SEWER,AND a DRAINAGE EASEMENT nn 700_._ ___.-'" GROUND CONTOUR 6� \ z Q Q, 0 3 \ \ C NO O IL , ,, ) W N N 46)V „ ",, - . L. 5 L LE , / / ,„ , 45 4"L" L \ \ :I- 4, 4 0,44 ACE ,L- : A L\ . >:.• ;;>: } \ „ „ „ „. \ „ \ a�i N o 0 VS 47 41 '14" E PROPOSED LEGEND Q W W zl �oawnia , / PROPOSED VARIABLE '.. a 8 70EJ � 3 ' - W FIRE HYDRANT W GATE VALVE C • „ it,/ , ,A ,� WIDTH FIRE LANE, ":. re`" / o .` , „:„,,,:t WATER, SEWER,AND 'n N W WATERLINE GATE VALVE W/ a� E EASEMENT T wx`` . \ / ° W• - W W -0W WATERLINE W/METER W I : A ,b DOC. NO. Ro o ,a try' > .. n ".. ,A° l O ^ WASTEWATER LINEz rn PROPOSED 100 YR tit .t , .» b ^ Zo 0 «' \ \ \ v O c.i FLOOD LIMITS / ti `\. _ STORM SEWER W/MANHOLE = o 0 as O __._.__. ; • ti STACKING LENGTH ti 3 \ 0m } t. S C G G \ M STORM SEWER W/CURB INLET v, 175 LF i X V p�K,� l r OHE--.1.? OVERHEAD ELECTRIC W/POWER POLE i /V- H L.0 ,u t „" „„„ VV" ," . \ ' '; ,1' GAS LINE A t G w Cu t LOT 1 .; / 00 —— 700 —— FINISHED CONTOUR z \ 4,,,, \ 2:,,,,, „ ,:, '. v� m ,, \ PROPOSED EASEMENT LINE » �a �" t 1 1 � .. , ia' a . \ PROPOSED VARIABLE : .» WIDTH FIRE LANE,a w PF \ 1 tt. :"•` 1 tql �lrt�1 m ._ 4 \ " WATER, SEWER,AND t - ;" 26��. „ t. DRAINAGE EASEMENT cot- . INTERIM REVIEW '� Y �� DO C. NO.C t \ \ VA Not intended for construction, l %rq bidding or permit purposes. ,.': \ „ l \ PARKING TABLE - : ,, aIEngineer: SHAWN C.GRAHAM P.E.Serial No.: 111432 i 1� a 1' r ��'RE'~d \l tl 1 J Date: SEPTEMBER 2019 e...�, \ m \, 1„ GARAGE PARKING: 246 STALLS m s ,, l « ° , :» p REG. SURFACE: 438 STALLS � PODIUM STALLS: 67 STALLS �» 1 ADA STALLS: 23 STALLS _-h 1 hl • \ :\ .„ PARALLEL STALLS: 16 STALLS ' .�„""°� � � % �� '' �` _�� _ � - � - r TOTAL PARKING: 790 STALLS . � PARKING REC► D: 790 STALLS m ':.,z„1 \ \ ' „„„ „ to .A t S 't .G e t a : , ,,, \ l 7 m \ 44 1 Q � » { l 0. ` ,i,„„,,, t t t p h`l 1 1" V t \ t tt 1\ A t (321\ ��..,. Uri.,_' 1 y ,, : » � 1 I t PROPOSED t,:�� 7 r 11, -, �- . V m RETAINING WALL ` . »� '. ; "° eA x THE DISTRICT (PER SEPARATE \ t lt i Rap 0 1 Q Q ` t TOWNHOMES . : CONTRACT) \. l V W Ce (BY SEPARATE �� % CO 1 �. �,., .� ,� .. �t'- 1 � a PLANS) �_ \ , ru�.�rn l �nn e N. . b O ,;j x V 0 l, \ `, \ ,. ,,,:, o \ \ PROPOSED GARA E — ENTRANCE/EXITW l i dAREA %t? 1 z s O 4 N W 't CI 1 \% „; „ PROPOSED VARIABLE Q 048°-" k WIDTH FIRE LANE, c" „» I Q _ WATER, SEWER,AND \ �.„-\ h �� DRAINAGE EASEMENT I I PROPOSED VARIABLE WIDTH is } ,,,a' DOC. NO. O I— pp 1 1i i ..a RGpa 1 ' WATER AND DRAINAGE h 1 PROP DUMPSTER 3 ,. _ »ti 5 a :» 2 ;1 i 1 �,..,.�..__.__ i % C.rI EXISTING 100 YR EASEMENT 1 i I LOCATION(TYP) ` w A 1 N i ; i � � � i FLOOD LIMITS J Il i 1 i r I � Y 1 ,,�`..._�� DOC. NO �� / �. _ r .� 11L11 1 1 �d. Ih PROPOSED 25' WATER / �%�' m .� W ' 1 / PROPOSED 15 SEWER 1 \ V CG SEWER,AND DRAINAGE / I 1 ,ii , 1 , 1 ; / EASEMENT \ ;... EASEMENT » i I � / s i ! I ; i DOC. NO. / 't / DOC. i I ._ a ...—/...—"--f*, .jIlt..=.11===L==.,....... , -,...,„--,..-.„.--„ -,. .-.„,-,,-...--„„.,,,,- ,,/ ' , \ \t. :„ ,, - - - - s o N 12 56" Z^� 117 � � � �,_ `�° � �.. -» � --------- ---'------ '� � �� — �� SHEET N _ S 87 47 03 E �7 89 24 27 E 80.27' S 89 23 25 E 235.42' --- l"~ " o S 87°52'38" E 618.74' 1.74' a 0 of 30 K:\16737\16737-0002-00 Wylie Commercial Mixed Use\2 Design Phase\Exhibits\19-1118 Updated Site Layout\16737-0002-00 SITE PLAN.dwg mkl:November 21,2019 EXHIBIT C - Commercial Renders jI il , '1,!.:::<,:i>.,:f:,,,,,„:,..:,, a 4 m �y I } *J) ni 4 4i° , I- y ` Nvl ..,,. � _ .�" ', .,v?k ' ems. *.' / f h„a,i t c OPI ,s .f�r'r*tv4.z r tn k t. 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V iw-.,tr. � ". ` .":.n?', .,'4�.'.>a + ''�,,'m d*' ,+ 44L.:; 'CI' _.#�+,:...'- Ler ii 1 ''J _ E-E-1 is_ .^ i:Gd.wl 0 I i ills i... �nnii_#ai=i■■i i-iron L uI =i i:a_iII !„ • l I i iIII:,,,g„ "IIuarw U��%' l q,p ,,.I IIII l! I I��u!Hit I ,,_i ,„Is �11,l 11u .,. ll 1 llV 1�..-_, , EXHIBIT C EXHIBIT D — Luxury Multifamily ;' II ,n1 ^°xNu'i"I vl. „O,,",N°;x...,, ;,',,„i�an,„„ p ,,,,,,,,'dd�v,:�uA�.'' m wm odd u,C KK,,,'..::)",„„,,'dA.Mrv'i'G'NAf,,, Y N'4N,. 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"„ � i urm��m lm s ,Ir�uiiii+ __.�,.__ ii it 'll•I'i II lj�l�l'' ''�II i�I'i �'I II V'i�,��il��':'!�iil l�� Ili' Villl„ �i��i E:flll I I'u vn V ugmo i:4'( ow" ,^ . ;ra PM' 5; ' piti :.,, ."a; ttl�*, , 9. �w "a:,.; INAvl:^AP�.r, . p �M.r :.�.�.,y Vim;'; .;„`i'A m✓:i;n';t I� � � � � u11IVis " ,ld�lltr 11 . 1 �,\kg � `,t ti '' , ,S .. . S „ �� 1ilet F�tl „��fr „� s 4, , ...air' } y "*i+ c !f EXHIBIT E EXHIBIT F—DEVELOPMENT AND ARCHITECTURAL STANDARDS General Standards: Applicant intends to immediately develop the Property as a Planned Development on Tract 1, known as "The District Townhomes LLC", and Tract 2, Tract 3, Tract 4, and Tract 5 known as the "District Lifestyle LLC", as shown on Exhibit B. The owner of Tracts 2 & 3, and the owner of Application Tracts 4 & 5 agree that subject to the annexation of Tract 1 and approval of the Zoning, the owner of Tracts 2 & 3, and the owner of Tracts 4 & 5 shall complete or cause completion of construction of at least Forty-Thousand (40,000) square feet of commercial/retail/office/residential space (of which no less than 20,000 square feet of commercial/retail space and no less than 10,000 square feet of office space) on Tracts 2, 3, and/or 4&5 and obtain from the city all corresponding certificates of occupancy prior to receiving final inspections or certificates of occupancy for any building on Tract 1. Residential Townhome Dimensional Standards: Item Current Code Requested Lot Size 3,500 Exterior/ 3,000 Interior Min Of 1,495 SF On Rear Entry Units, 1,875 SF On Front Entry Lot Width 30' 23' Lot Depth 100' 66' Corner Lot 45' 15' Minimum rear yard 25' 10' Minimum front yard 20' 11' Building Articulation 25% Min Street Facade 15%, 1s`Floor: 25% Max Max. Roof Pitch 8:12 6:12 Repetition Of Floor Plan 7 Same Sides/4 Opposite Sides 14 Same sides with color variation Minimum dwelling area 1,000 sf Excludes Garage 1,403 square feet Excludes garage Residential Townhome Architectural Standards: 1. Our maximum density in The District Townhome Community shall be 8.16 Townhomes per gross acre, 34 Townhomes. 2. A perimeter screen shall be provided along the property adjacent to S Hwy 78 as generally shown on Exhibit"I". 3. Entry Features: Architectural features are stone, brick, and wrought iron screening wall monuments. 4. Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument located at the Community entrance. The sign shall be illuminated by means other than streetlights. Landscaping and upright towers for the Community entrance signage shall be constructed. 5. Sidewalk Locations: Five-foot sidewalks shall be provided within the property. Primary walkway paving shall be enhanced using earth-tone colored concrete (stain mixed, not applied after), stamped/pattern concrete, aggregate or brick/paver stone at a minimum of every 75 feet. 6. Sidewalk Lighting: decorative Street pole lighting shall be provided throughout the Community. Developer pays for installation and electricity and HOA will maintain thereafter. 7. Mailboxes: Shall be located in a dedicated area as required by the USPS. Mailboxes shall be of a uniform style selected by the Developer and shall be stylistically consistent throughout The District Townhomes Community. Page 1 of 4 EXHIBIT F 8. A landscape plan shall be provided in conjunction with the preliminary plat. The landscape plan shall require City approval. The plan shall comprehensively address edge treatments,perimeter screening, and individual townhouse landscape design. The Developer Daydra Management, shall coordinate with the City on the selection of type, style location, and size of all landscape improvements, including but not limited to plants, trees, mulch, irrigation, and benches. Any Open space must be approved by Park Board. 9. A minimum of 15% of the land within the District Townhome shall be used as Open Space. The open space and swimming pool/grill area will be owned and maintained by the homeowners' association (the "HOA"). With the exception of the swimming pool area, all open spaces within the Community shall be accessible to the public. Minimum is: Landscaping for every 12 spaces and 15% total. We are including over 25%. (Exhibit"H"). 10. Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 11. Maintenance of the Open Space Area Maintenance of the open space area will be the responsibility of the Developer until it is turned over to the Homeowners Association (HOA). Developer will be the contact entity with the City for all concerns regarding the maintenance of open space until 100% of HOA control is turned over to the homeowners. A. Developer/HOA maintenance and responsibilities of amenities include: 1. Clean up and litter removal. 2. Landscaping installation, care, and maintenance. 3. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. 4. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 12. Water and sanitary sewer will be extended by the Developer Daydra management to the site, spanning under Maxwell Creek per TXDOT& City standards. 12. Minimum concrete pavement specifications shall be: six (6") inches of concrete, 3,600 psi, with#3 rebar at 18- inch center to center. 13. Lighted house number plaques shall be provided on the front of all homes. 14. Exterior facade material: All townhome units in Tract 1 shall have 100 percent of each façade comprised of masonry as defined in Exhibit "K". 15. Exteriors shall have contrasting colors to achieve an architecturally enhanced appearance. Trim shall be painted one color, and a side surface and garage doors shall be painted or stained a second color. 16. Roof pitches shall be a maximum of 6:12 for main gables and hips. Dormer roofs and roofs over porches may have a lesser pitch(Current Zoning 6:12). 17. Roofing materials shall be architectural grade overlap architectural shingles, metal, or composite Spanish roof tile and other roof appearances shall match the color of the roof. 18. Garage doors shall be carriage style in appearance. This requirement shall be accomplished with the following: a. Garage door panels shall be wood clad or have the appearance of wood. b. Decorative hardware shall be attached to the garage doors. Such hardware shall include handles and hinges in a complementary color. 19. Landscaping: Sodded front yards must be provided with a minimum of two - three-inch caliper trees. Landscaping shall also be provided along the primary walkway to any home. When automated, subsurface irrigation systems are provided, rain sensors shall be installed and operational. Page 2 of 4 EXHIBIT F 20. Energy: All homes shall comply with the then-current ICC Energy Code adopted by the City (including all local amendments). 21. Lighting: a. Entrances to homes and garage doors shall be illuminated. b. The color and shape of lighting hardware must be compatible with other building hardware. c. Lighting must be uniformly spaced. d. Lighting must be integrated with other accents and reveals. e. Specialty lighting shall be coordinated with predominate architectural features. f. Lighting fixtures along rights-of-way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. Commercial Retail Standards 1. The Development will be a private development with public access and the Property Owners Association maintained improvements and floodplain. 2. Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 3. Maintenance of the Open Space Areas A. Maintenance of the open space areas will be the responsibility of the Developer until it is turned over to a Property Owners Association(POA). B. Developer/POA maintenance and responsibilities of open space and/or amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 4. Parking: The Mixed-Use project shall be shared parking easements across Tracts 2 &3 and Tracts 4 &5, The Businesses and Residents all have varying hours of operations and use, there is not the same need/demand for parking as typically seen on a single use building. Therefore, the Developer is requesting a reduction of 15% over the normal parking requirement. For the overall project to meet a minimum of 790 spaces that are required to be allowed and a 15%reduction to the typical code. Each lot of the commercial mixed-use development will be encumbered by a shared parking easement to allow for shared parking across the entire development. (Exhibit L) 5. Lighting: a. The color and shape of lighting hardware must be compatible with other building hardware. b. Lighting must be uniformly spaced. c. Lighting must be integrated with other accents and reveals. d. Specialty lighting shall be coordinated with predominate architectural features. e. Decorative lighting and sconces shall be provided at all main entrances. f. Lighting fixtures along rights-of-way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. 6. Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument located at the Community entrance. The sign shall be illuminated by means other than streetlights. Subject to visibility triangle standards. (Exhibit M) 7. Roofing: a. A minimum variable roof pitch of`/ inch to 12 inches and/or a flat TPO must be used. Page 3 of 4 EXHIBIT F b. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing. c. Building roof types, forms, and elements should provide variation and interest in building profiles and contribute to the architectural identity of the buildings without creating an imposing scale on adjacent uses. 8. Five-foot sidewalks shall be provided within the property. 9. Landscaping: Trees and specimens should be planted to coincide with the overall style and quality of the development project. a. Ground-level utility connections and mechanical equipment must be screened with walls and landscape material which are compatible with the overall building design. b. Shall be provided close to the building to emphasize the pedestrian scale. 10. Energy: i. Energy-efficient architectural lighting must be used. ii. LED lighting must be used for street lighting. iii. An HVAC of 18 to 23 SEER must be used. iv. Standard R values must be exceeded. Page 4 of 4 EXHIBIT F EXHIBIT G - Zoning and Subdivision Modifications Tract 1 —4.16 acres Townhomes Current Codes Compared to Requested Modifications Item Current Code Requested Lot Size 3,500 Exterior/3,000 Interior Min Of 1,495 SF On Rear Entry Units, 1,875 SF On Front Entry Lot Width 30' 23' Lot Depth 100' 66' Corner Lot 45' 15' Minimum rear yard 25' 10' Minimum front yard 20' 11' Building Articulation 25%Min Street Facade 15%, 1st Floor: 25% Max Max. Roof Pitch 8:12 6:12 Repetition Of Floor Plan 7 Same Sides/4 Opposite Sides 14 Same sides with color variation Minimum dwelling area 1,000 sf Excludes Garage 1,403 square feet Excludes garage Tract 2,3,4, and 5— 16.2405 acres For Mixed-Use Current CC Codes Compared to Requested Modifications Item Current CC Code Requested Max Height 50' 60' Number of stories 4 4 Lot coverage 50% Up to 3 lots at 65%provided cumulative coverage of all lots does not exceed 50% 150 Luxury Multifamily on 6 lots equally Multifamily Dwelling No Set Density 3.29 Acres 46 units/Per Gross Acre Multifamily Building Separation between None Space Allowed 20' detached buildings (feet) Parking By single use method 15% Reduction for mixed-use Access drives serving developments greater than 30,000 sq.ft. shall have separated median, Access Drive Per Fire Codeor be separated at least 150' from each other. Any use containing individual service speakers Drive Through Speaker shall not be permitted within 150 feet of a May have drive through speaker within 75' residential. Landscape/Parking Every 12 Parking Space needs Landscape Area Exceeded 12 spaces Landscape 10% Landscape 22% Landscape Coverage excluding creek green area Maximum Height: 25' Width: Base 17'x8" Signage Overall Width: 60'.11" Maximum Width: 16' (See Exhibit M) Page 1 of 1 EXHIBIT G 4-, „„«.,A• '' "« "• , v '- " " A„:„, v, ,„ PLANT LEGEND , , . ell_ ///z z "/ ' ' , -- - :- , ,-- , - - 4.0„:,,,0:,,, .. : ,. ,, 4111, - .,/ - -SHADE i CANOPY TREES z x ' LANDSCAPE ARCHITECT • STUDIO GREEN i.:),,?4,D.R.c. . , :" *14/iiirAk I7.- 7'7,.1114 SUITE 110 ALLEN, TEXAS 75013 (1) _ „ „qui& / „, " „ , '", •"''':::-.."':f,,,,,-1:-x ' ", , (469)369-4448 -EVERGREEN i ORNAMENTAL TREES r ' 7" CHRIS@STUDIOGREENSPOT.COM „„ a-, „ „ • I - „"„ ,„ A' A„ .. 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A„ * .. . .. \' 1 , "cr.l• , k \FikliAiki•',',,,,,,,,,,,,,,,:,' ,','"',„,,‘, ,,,,',,:',' ,,,,:,,': ,,,,,,,,,,,,,,,,„,,,,,,,,t',,,, ,,,,,,,,,,,,:, , .„ '.-------- - -- ,- CONCRETE' PAtVER\ ' 1'4°1 ' ''* ''' 'lif''''''''' ' '\''''''''' ''' ' .: A--,-, ,'' ' „ ' „. .- , • ' it ' 14.11$ aillemikaa....mmaarg,..„....a a #41P isi.k, .,,,, .,,,,2, '`,:vottio:1,,•,'tt:1::' , ' , , ,, . , ;o •A , 6 0 di. ) ' k) A•" % . ISSUE: 11 „ . .. / . . . , „, ., ,,. . •, • , , ,. ,, , ,,,,, • . . . . • 7 10100 • At • 4,444",*:,rk„„,„.."?A:„.,:v\i„*" 1111* 4 FOR REVIEW 11,04,2019 „ I FOR REVIEW 11.22.2019 „.,...„,„,...„.., MAILBOX 000010:11111117111112' jliailliliLallIllG mii°11111:1 itartkilliallir 141 y . .. . ,„' •(..„, ,,„*" -' ' ''' 2,R g „lik '-'4, g,41 ' ! _ le .1. ' : „ i ,H ,„„ „ I C1ONCRET `,A R - r,,,v,„. • ' aa ;a ' ' A4',,' I' . . 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CONCEPT LANDSCAPE PLAN - Illesci411 -_,.." - , „ .. .7,„: ° _„ - „:„ :pop,PARK A, „ A-,„ \____. , ,• , . . - MIIIIIIIIIIIIIIEI - . , ' 1111F AilliV ir ir Asko Aill t'', . , _ . • A. "44:4- , - A „ . . • II a a" A a` _ , , , A , , • .4„ - 'AA , IP"- .‘ •„ ' „A'„ 7-57„ • - ' -9-'89'24'27" E 8 .27' S 89'23'25" E 235.42' . 7". Mr"' IP. ,,,, .. „. . - ., , . El) , ., ,, S 8 '6, - lir mir „ 1 Ittrptril*G -- '''-ikWireitik • ' -7, Alf „ .,„ „.. - lir' lir__ I , ' -144115 0411111 IN P 4 „ . . _ _ . _ 7 01 CONCEPT LAND ', ESDC A„, PE)P,LAN 4.:., L . ____ . „ - ___, SCALE 1"=40"-0" , -, ......_ ......"-: (it, immimilimimml I ' -....„.. -...„4„ I - _____ .____ . . . , ' I A -,. .,----- ,, 0 20 40 80 "--,,...„... '''''''''''---_______ EXHIBIT I - Perimeter Screen Wall ro � 4p pp 04 "' w tl i Iii 'r 0A� gig 0,I,,,4 jw. I.4.1, 0 I �' f 4' 1 1 P�� "Ia „.,V a aMw ° WI Wu x aa ,I r k a i44w04 � �W �y T 0 " � ,',....,,..°:;',74,0".7 4400. ' ' '.'''*'*:'16"‘44'.-'411.4";;°*°"4"'''''1.:44':""''"" � I � it 110, P ELM � x, yb I� 1 { 4",4 ii:, rvan „�,0„ 44 va 1,,....0,..4 - „^s .. .,,may 40 " rer^ m wive;,". 4; roWw vapp" .''�'�� N Pm' i � K w 9 P a � rc�" �'� �" ` , ti4Y o' " „ , A .µa ., ,444x ncu r 4 < w 4 b &w r ,. . ,4.ati .t. . 4.„u , *Landscape and screen wall will be approved at building permit level. EXHIBIT I EXHIBIT FORM F ANNEXATION APPLICATION ANNEXATION APPLICATION YEA.. CITY OF WYLIE PLANNING DEPARTMENT (972) 516-6320 Property Description: Survey Name and Abstract No.: Tract Number(s): Number of Acres: Number of People Living on Each Tract of Land (attach an additional sheet if necessary): Current Property Submittal Requirements Owner's Application Name: Application Fee: $200 Company: Address: Metes and bounds description of the property with a graphic City, State, Zip: exhibit. The metes and bounds description and the graphic Phone#: exhibit must contain an original seal and signature of a Fax#: registered professional land surveyor and shall be on an 8'/2" E-Mail Address x 11" sheet of paper. Owner's Signature: An exhibit depicting the location of the property in location to the nearest existing or future major thoroughfare north, Representative's south, east, and west of the property. Name: Company: All presentation material must be received by Staff on the Address: Monday the week prior to the meeting. City, State, Zip: Phone#: Fax#: E-Mail Address TO BE COMPLETED BY PROPERTY OWNER OR THEIR REPRESENTATIVE: STATE OF TEXAS }{ COUNTY OF }{ BEFORE ME, a Notary Public, on this day personally appeared the undersigned applicant, who, under oath, stated the following: "I hereby certify that I am the owner, or duly authorized agent of the owner, for the purposes of this application; that all information submitted herein is true and correct." Owner, Applicant, or Representative SUBSCRIBED AND SWORN TO before me, this the day of , 20 My Commission expires Notary Public in &for the State of Texas OFFICE USE ONLY Location of Property: This application meets the Planning Department's requirements for processing. Case Number: Signature Date EXHIBIT K—AGREED BUILDING MATERIALS AND METHODS STANDARDS Architectural Design requirements for exterior building materials shall be achieved in accordance with the following criteria: 1. Tract 1 Townhome Development a. All townhome units shall have 100 percent of each facade composed of masonry. b. Masonry shall include brick, stone, or masonry stucco. c. EIFS may be used as an accent material and comprise no more than 15 percent of any facade. d. Roofing materials shall be architectural grade overlap architectural shingles,metal, or composite Spanish roof tile and other roof appearances shall be painted to match the color of the roof. 2. Tracts 2,3, 4, & 5 Mixed-Use Development a. Primary front facade materials shall be a minimum of 80 percent masonry product with at least 20 percent stone on the front facade. b. Approved primary masonry materials include, brick, stone, masonry stucco, or decorative concrete. c. Up to 20 percent of the front facades may be stucco with decorative accents such as cementitious fiberboard and metal trims. d. The remaining three facades shall be a minimum of 60 percent brick or stone, and up to 40 percent may be stucco with decorative accents such as cementitious fiberboard and metal trims. e. EIFS shall not be considered acceptable primary exterior material but shall be accepted when applied as accent or architectural features and shall not exceed 15% of any facade face. f. To achieve facade articulation, visual variety and/or architectural detailing buildings shall use two complementary primary facade materials. g. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing, or a similar product. EXHIBIT L FORM OF CROSS ACCESS EASEMENT AND PARKING SHARE AGREEMENT WHEREAS, District lifestyle LLC and District lifestyle II LLC , hereafter, "Owners" are the owners of the following contiguous tracts located in the City of Wylie, County of Collin.: [Legal Descriptions tracts 2-4 to be inserted here.] PARKING EASEMENT WHEREAS, Owners desire to impress upon the said properties' certain reciprocal covenants, rights-of-way, and restrictions regarding the use, access, and maintenance which shall inure to the benefit of and be binding upon Owners and their successors and assigns. THEREFORE, the undersigned Owners do hereby impress upon the above-described properties the following covenants, rights-of-way, and restrictions, which shall hereafter be covenants which run with the land and shall inure to the benefit of each of the Owners their grantees, successors and assigns: 1. Each. Grantor shall have a continuous nonexclusive reciprocal easement over the parking and access areas shown on Exhibit B (Easement Areas) for parking of vehicular traffic and for ingress and egress by each Grantor's invitees, guests, customers, successors and assigns. 2. No Owner or successors in title shall obstruct or restrict the use of any portion of the said parking lot and no buildings or improvements may be erected upon said Easement Areas. The Easement Areas on each Owner's tract shall be maintained in a serviceable, neat and acceptable manner and in a manner so that the overall appearance of said drives and parking lot shall be uniform. Each of Grantor's successors in title to tract two, tract three, tract four, and tract five shall be charged with the repair and maintenance of any damages caused by the owner or its guests or invitees to be promptly repaired. That the easements granted hereby may not be expanded or modified except by a further agreement in writing and recordable form by all Owners or their heirs. In the event, it becomes necessary to enforce the terms of this easement through court proceedings the prevailing party shall be entitled to reasonable attorney's fees. [Signatures and Acknowledgements] Exhibit L Page 1 of 1 EXHIBIT M - Signage,111111.10011.11.0111101 I --- i I t: mr!slal-47,-tL1-71FIT... I L ll 1 t CrA f k.1 ,.`. 1.r,lreutD1,re 11I ")11.7 7: WT.,11,La4 KA a W 4 Hp MI kt 1,,,r, II TF a Ti t 1 Ill 3 1 I PT I I 1+11 I rIcta AA. - I I r,1*,,,,MY I:AM ri.VENAV .4, V7,kEt.,-,6,4SCO.;,, 1 1 1 I 1I 11 ,4es'. 1 2t---1TNA-it,LnRz jIT H PG HWAY 78 I-' • -11i NM - MI 1111011 11;71.11171 ''d I 4 NOM , . ,..'.: " 4 , as Mil if, orn Elm Mill I , mum INN MN NMI II. IIIIIII 't1c- ''' ',lei',',..*4)-...3,'''''',1:41 ' 'MIMI i•4 , •A`T,',...- ',<;,,,-, - It.,4,,4$141, EXHIBIT M EXHIBIT N - Parking Elevations 4 P tiS S q .rr ":=V,ax+am ms. s...'�t iwei m Note: Conceptual Image, minor adjustments upon full engineering of parking structure. EXHIBIT N A B C D E F a i � i 3/7\1,1;1\ \ h � 00 tea'„ \ r-+ 3�' �� "" ,, ,, , ' ',/,,„ :, .,,, / ,,,, ,,'''. „,,,,,,'' ' 3 , ,„ Rao N ,,,,,,,,,,,,,, „ : , 33„ 6 l , GWC Dc g , �'� 0 10 30 50 100 150 . i „4. i SCALE 1 50'/ .. 36� \C: i , p �9 5 i PROPOSED LEGEND � ° ': OM OM PROPERTY LINE ,„,„, : — HOSE LAY(MEETS 150') `` �" '' — — HOSE LA (MEETS 20 ) f y:. t11 ��9 w ` FIRE TRUCK +' ' '''„ v ir„ '"'''' r� 0 1 Jd p z • O 3 i_ 4 Q i , r o� �ir „".: „„---\ , NOTE f s e a \. :" 1 1 q h ALL PROPOSED BUILDINGS WILL INCLUDE FIRE 6 : h PAP ,• 0 ,:.h, 1A9 6 JP p. SUPPRESSION SYSTEMS DESIGNED BY A LICENSED A R3 �` � ,,,,,,1:',1:,, PROFESSIONAL. rn .-°"';'\\ - - A . , ,...:„,„. ,./ ' 11 \ 12, „ ,„„, „. m . ... .... . , . „ ,,„„, „ ... ,„ „, ., \\ ,-- „ ....,„„ ., .. ., . . .. h �, cr lcr ," \ , , .....„,,, „ „ .. , .. . . . yy ten „ lk z O � � 1, -> W To "" o2o -- N 0 N rsi ,�' l .°°cam ,, 9 rut 0 •GJO: ti �� ) l m m N 00 r c x w w 'S .' .`t 14 E z o 4 un Q • >r, 3870 Wo 0 . „ . ,, , ,,,,,,,,i,i,„,,, ,,,,,,,, , .,, ' 146.84' o v i LU r O n o \ rn ::„-) "'r a ti � j A\\'' ' „, O > . . . . .. . .. . ,.. . . , . . . .. .„:, ,, ,..... .,.. /,..., , . . . . < „ yr uuuumR'r: ..0 ' w - - . . . . . , . . . ... .., „, ,. , . . . . , ,. ... .„, , . 4 " » R O p CL > o o + O h N ,. ro .,_' ,. „ O : o v O 0 1 o 0 1 h x U Q 1 »r" r 3 6 ., , \ ..„,K2,1„,,,\ 00.''''' 11� ll w 8. . � r "�"" ,,,�" ° �t it / CJ 0 CO q " t i , bE� "" N 411 _ 4 t 1 11 Il �t p / i �,; --"' } 26�, \ 1. �� ., SpA INTERIM REVIEW �t 1 Not intended for construction, 1 \ , „ , , -, „ r= `" l ', ,,--' ,,..,,°°., .:°''°'\ •" ". o c: ` i i bidding or permit purposes.t 0 1 Engineer: SHAWN C.GRAHAM w ; Nb \„\'" , 1 '` s P.E.Serial No.: 111432„ ceitf,\..„, l \ i �) Date: SEPTEMBER 2019 ,,„..„\\,,,t„,„ m 0 P : ` " " 3 GRASSCRETE a PAVEMENT.'''''''.'\'\:''.''''''\''., �, m, .., �.. o,,,,,c ',ik.„\\\ \ \ „ . O 6 106 ' o It „ 4-.%X , \e.,,..f., .„., „ , %, ,,,,„,,, t,,,,,,„„, „ , „,,,, ,,, '' \\1$ r ` 1 , Q J, \ \ - st "" 6 ur -�.� I'111\ \ I'DC\ \ „ ,- tt 'e---'1 - 111,' A\ \''''''''%'%\ ' iCe + 4::::,,n ,, „„ , r CO 1 +i t - �ty , N 1 \i Q N 1 01 m„,„.„.,„„„, \ ,, „ , . „„ , , l _ Rap p "� H ".\,,,,1: '''.,—,','. :--::',':,'-',,,''''' ',',,',',','''','','‘''.:'',„,':',,:-,' �� It l i. _ �l xi . .., „ ,. W w „v„,,, ,„„ :,,,,,,,, „ . , 1. 2\ A 1 V ! �- PROPOSE GRASSCRETE -' PAVEMENT 4 .1;7 1 .gyp,. ,n r ?,,,,, i\\ \ \ �7,.Pw 1 1 -t " - " 1 2 � i 9 m tt V Y m:r, 1 u % z 1 1 .M 1 \ c,D t( t' \ , t, .ck. „ -$$$".- ,,,, „, „ ., ,, , „„,_ � c, , __� % I i -._�� jlill �?. 11 , ,a='x iP,1 1 a 1 1i 1 1 \ . ,, m� C '01. � ,,,:,,mb,�r� 11t � .r i i a ,,,,,,,,,„:„„,:,',','„ , ,, . ' ''.,\'''''''',,:,„\,'\,, _,—,—,-,\,:,,„„r----\ .i., , „ ,, �. 1 f \-P:71' i i t , r i i ' iv'''\ ''''' ': i 1 i i 3,'" / � „ ,.t a cy, �ii 11 — -_L 15 0� r>� 0 — N 87° � �. _ _ _ -------- ," i — -.� — — --ice SHEET NO. 12 56" Z� 117.57' S 89 24 27 E 80.27' S 89 23 25 E 235.42' -- ---- _ _ VS 87°47'03" E a E 618.74' — 1.74' 0 OF 30 K:\16737\16737-0002-00 Wylie Commercial Mixed Use\2 Design Phase\Exhibits\19-1118 Updated Site Layout\16737-0002-00 HOSE LAY.dwg mkl:November 21,2019 7, _.______,_ ,..".....:„.„ „..„. .,..._,„ A B C D E F 6_ o_ Q rl —— , --pz- VI 9� VI A, w — Z CC 40"" *2°5'% 0 10 30 50 100 150 ,/,,,.'„/„.. , , ",„//„/ /„ z , �F // APPIEOx. I OCATION SCALE: 1" = 50' OF EXISTING MANHOLE r A i OPTION#3 7 ' / a) „, ,, - „H' /7 49 • 24 CJ "" CD Di / Y. O N �e,e 15 to V N ,, ,"" a,"°" �' „sa 's"'vim (13 Q W rRi `� CO N / N �Y ,„,,,, ,,,,,, x„\\ ,,, T„ : \ ''''''''....\, r \\.\\\,,,,,,,,,,,,,,,,,, 1,,,,,,,,,,iiii..:i.: .,,,,,,,,,,,,,,,:i.i.,,,,,,,zi j:et a ,, ,,,,,,„1 \ ♦�o�� % i (!." / 1 / O 0 w w =S • �� - ;� ��. `° ♦ i ` ~ / LI w °c to 0 o U b ,P ♦ ,,,,,j,,,,,d 0 ,,,e,,,,,,‹: \y, j \ ///l l i i iM a .,: .. 16 ir'. f/f ° ° / 2 t � " "� ~ It ro O N O / -Ec //:// :,, '''. .,•', „:,,,, fiti, �� / 0 m c N ," "b l� . MN^ 1 a. c \ ( 1„,,,,,,,, c::::'°1 J I— Z00 ," 4. �a :::T '''': "E ,,,:, T /,:„ ‘, „,.,4 ‘ i s'" t m' l` 1, / . ` m :\ INTERIM REVIEW „ s '.t"•' " \ i 1 it 1 • / ;, n° l i l l Not intended for construction, /../.0' .,,,,,. ,.„, NA: m.M 1 its bidding or permit purposes. ` 1 \ \ l 'l Engineer: SHAWN C.GRAHAM En in is � ! l :::&a1 . i No.: 111432 w. "militi;\jril .•"' t; ,. ALL ` ` -\ . , 1ULY 2019 - „,„ \ - \ ,,,,-----t. ,...0''''--' .,.._\- it • T " '\ ;' -$ 1 Sys m � t � \ \ • firn l t � , 1. \ ' I Z x 4•7 l l\ \ , \ ; �.w 11111111 ,.,, ° ,' ° .,iti' .,.. t� � lti'", fit,. � CIM iIl ,.\---- \ \..\ \ , / t � S \ 11 ` ''‘'--4---\ , \� W �i i°,n ° ` tt I' ram v// ram_ 1 ..".._..._._ tn a t . I g�_� t�; ff-� � ii � � i 1 �1 ; tM1 i!! \ , , // .bOPTION#1I W0�. , I e,i 25'UTI ITS x.�"a:-.1,1ir1117:111!:11,-r °„ � WS IVT .�10 W W M „a` �.. i V o C:I LA W W OPTION#2 I J CO tin tin OPTION #1 OPTION #2 OPTION #3 CD a • +.325 LF OF OFFSITE SEWER LINE • +.340 LF OF OFFSITE SEWER LINE 0 +395 LF OF ADDITIONAL OFFSITE SEWER LINE • 1 ADDITIONAL MANHOLE OFFSITE • 2 ADDITIONAL MANHOLES OFFSITE 0 REQUIRES TXDOT PERMITTING AS WELLAS THE T TI L • • REQUIRES CREEK CROSSING AS WELL AS • REQUIRES CREEK CROSSING AS WELL AS FORT LI T TI BASEDEXISTING TOPOGRAPHY V SHEET NO. ACQUISITION OF OFFSITE EASEMENT ACQUISITION OF OFFSITE EASEMENT o © OF 30 K:\16737\16737-0002-00 Wylie Commercial Mixed Use\2 Design Phase\CAD\Exhibits\2019 1104 SEWER OPTIONS-3 TOTAL.dwg mkl:November 22,2019 EXHIBIT 0 BRIDGE CROSS ACCESS EASEMENT AND SHARE AGREEMENT WHEREAS, District Townhomes LLC, District lifestyle LLC and District lifestyle II LLC , hereafter,"Owners"are the owners of the following contiguous tracts located in the City of Wylie, County of Collin.: [Legal Descriptions tracts 1-5 to be inserted here.] BRIDGE CROSS EASEMENT/MAINTENANCE AGREEMENT WHEREAS, Owners desire to impress upon the said properties' certain reciprocal covenants, rights-of-way, and restrictions regarding the use, access, and maintenance which shall inure to the benefit of and be binding upon Owners and their successors and assigns. THEREFORE, the undersigned Owners do hereby impress upon the above-described properties the following covenants, rights-of-way, and restrictions, which shall hereafter be covenants which run with the land and shall inure to the benefit of each of the Owners their grantees, successors and assigns: 1. Each Grantor shall have a continuous nonexclusive reciprocal easement over any Bridge that may cross the creek and have access shown on Exhibit (Easement Areas) for crossing, walking, biking, or whatever legally peilnitting for ingress and egress by each Grantor's invitees, guests, customers, successors and assigns. 2. No Owner or successors in title shall obstruct or restrict the use of any portion of the said bridge and no buildings or improvements may be erected upon said Easement Areas. The Easement Areas on each Owner's tract shall be maintained in a serviceable, neat and acceptable manner and in a manner so that the overall appearance of said area shall be unifolin. Each of Grantor's successors in title to tract two, tract three, tract four, and tract five shall be charged with the repair and maintenance of any damages caused by the owner or its guests or invitees to be promptly repaired. That the easements granted hereby may not be expanded or modified except by a further agreement in writing and recordable form by all Owners or their heirs. In the event, it becomes necessary to enforce the terms of this easement through court proceedings the prevailing party shall be entitled to reasonable attorney's fees. [Signatures and Acknowledgements] Exhibit Q Page 1 of 1 The District Introduction: Based on October 22, 2019 Council meeting, we took the input of suggestions and questions to modify the development. We changed our team dynamics, modified the appeal, improved safety, increased the walkability and brought updated renderings to this meeting ��I�j, �1 t" �; 1 ,;,�w or" .,, .,' ,gym " ., ""^.a „"''s "a^°a$ ,.;^' ,�°,` ''. 'fit ^ ,x" .. a� m� v^ w� w.,,s �:.%o &�" "' ., ° M�',\ r„�,�`� rv° + °� '' "" m'. mr �.,^ r u " b ". a 0 p t ad ry �`£ l`� W max" wr �..w v t m a ,A,4 :\‘ £1\f2tif3£ ? �' a 4 psi p «'14% y 7� • iII w ,:.. 7 „• '�ffi 11 _ - - �- 1 F t ' . 4,�_ _. II, a &£ . Construction / Architecture 3i Construction (GC) - Mike Williams and Career Wright Architect Group - Terry Wright and Career . .. ,. „. ... .. . ..,.,. . .1:6„,„:... ,...:.. .,:,...,.:,,.... ,,,..- As president of 3i ,Micheal'Williams has built a..reputation.for exceeding customer .. expectations md providing service:with integitry and innovation., Terrance J.Wright,AIA,NCARB .! ' Principal,Architect .. . .„„.„.......,,.. ' , , - ....„..„„,.... . .. . d His oversite of financials,risk inanagernent business development administration and all key management staffiii.st selections has led 3i to be a.customer"first driven Pmfessional Experience org.anintion.,He believes with.ea,ch new customer becomes the opportunity to turn - , a business relationship into a personal friendship which e.xplains why the majority ' 1:11,V tit„, tillig at 3ts annual in is made up of repeat clients and refetals_ Mr. Wright has over 30 years of experience in the design and management of architectural projects. He has taken the lead role hi 2001,3i started as a one-man operation, specializing in drratrall.and.small getieral.contracting sertices. in all aspects of the architectural process, including feasibility Their lust project Was a$60,000 tenant improvement contract with a local office building.Today 3:te list udies, master planning,design,construction documents,contract 400. .,,,., ,:, of clients in:dudes organ'izationt such as,the: Ciryt of Dallas.Dallas&Houston Independent School District, administration and construction administration. 1illkSIW ::,:,::, f4k,,,,141 DFV;.Airport and Dallas County Comimmity College District. . !,,,.,:,,,,,,,.,,,,,.,!,,,,,...',....!!,:.::.;,,:.,:!: .':.'.',.*,nst:,:;;:!.;W.l;''..':':''''..."?.,,,:,,,-7'r. Eltbtrei,i:'"' ,..:,,,.uhei.,irt''.. ,•:-...10,,i,K,W , Education Providing on-time and in-bu,dget senice is 3ts philosophy. Hi,s personal commitment to the company philosophy has firmly established 3i s. reputation for high standards; and led to its expansion into the it.4....etgiii:::„. ,, Bachelor of Architecture,Professional Degree,Oklahoma State 31,0gni , , e. ,9:..ation,retail commercial,civil,religious and healthcare office senice markets_A true commitment to dmiterloir University,Stillwater Old May 1988. intettity. iimovatiou and information. is the reason why 3i was chosen as the winner of,several."Best' itts+44401 . Architectural Delineation,Computer Modeling Continuing tV117:1112gt. Business Awards. aitkokir Education,Harvard University t11:12'3,,t,z,:a FAiTi;i0:4' Other Professional Endeavors Micheal serves as a Texas Real Estate Commissioner, he is a Lamer Chairman of the Dallas Chapter of ,,,.,:!1!,,Noitri,,,,,m, NBA Retired Players Association,Baylor University Letterman's and Business School Advisor) Boards, Regional Black Contractors ASSOCiatiCA2 Board,to name a few.He established,the Nile Williaritq Assist for !.t.t.,.4,,,,,,,t,,,,,,,im .. Texas Society of Architects,.Dallas Chapter WRIGHT GROUP :, ' .'... Life Foundation that focuses on inner city youth in education and exposes them to things outside of their dlittrugio; . National Council of Architectural Registration Board(NCARB) „. . Jitrinttxtr, . ' , :, ... communities_He was also named one of Dallas Top Business Leaders by the Dallas Business Journal. mouglizio.: Math Engineering Technology Science Academy 2006-pnesent M EISA,Advisory Board ).1413131144: Prior to founding 3i,Mic.heal played 11 Years in the',NBA and won a Championship with the 19$9 Detroit: tietieottek . Dallas Data CAD User Group Pistons.He also holds the NBA Record kr most consecutive Free-Throws of'"9:7". While playing in the ltilitilkei . Council of Education Facility Planners International Code ff.44+444''' NBA„Micheal worked for constitution firms to prepare his kture:in the construction industry% afittlittre Council,Inc. ittlettitS, - City of Carrollton Planning and Zoning Commissioner,2003-2009 Active Member of his Ch urch„serving as Deacon,Usher and 1111W.Mockingbird Lane Ste 1050 [ Dallas,Texas 75247 l 214.210675f 214.231.0672p ,,,,,;,4tx..f.,;,...,,r4V ..t.'.'.' - :;,11 assisting with parking for services and events . . . . RIP e „--_ mot. 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N"y mp . IIFm+ ,mow:. . ,`;,,,,j 4 ,�1r \�44. ''sts.,, q'T`' �'��\, ` C II gym. §`'' .'' ,. u r9 44,9,,,,•,,,,,x :zar •�?t,,:svh' ' �.� r Closing: The District will add a high-quality destination area to the Wylie community. Increasing city and school budgets by over $1,000,000 each, Add over 100 jobs, 200k of commercial space, high-quality living and family entertainment. Questions?? 4a ;a 'Y e � h , gg P IIIIIig° �,t:,. - z c4 fl�, '4`ti,��„= e`"Cni° .. �.ttattitlit ".. .£;;s,44 ,.{ 44s44� 5'�,,4444�,ti,,,,.c � 4 a" ,,,,; \;s,,.�,s., '' y.�ti"�, : ti t i., d ,itI ,at,.3 ,tt;f t};,�t 1\t111 et �tft t .all t} •t•• tt ,", t S Y' + ': ,''y"" ^ 'red.' }� e.z s a, �� 4ys,a t a4,t „?� �lo� uwwn " .. tt F eti• � u'ne"w4 �' .. �r ai9 ,, a I!I!t.7 t !II! 1111kt Ai 1111.it , �, wax tat "; ix: �� .,4 m �;II „ 40 µse•• 4" ATM,u, on inj en pg w PI ii n i"S b; �'�% ` 'n e. 1,. 44 A 44 ¢ I, ry.t'��"`', �s ,,„, �, `� p a,4 m f a.'u m a s.�m . 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(ZC 2019-14) Recommendation Motion to approve a change in zoning from Community Retail (CR) to Planned Development - Community Retail (PD- CR),to allow for a Church/House of Worship Use on Lot 1,Block 1 of Wylie Shopping Village located at 701 South State Highway 78. (ZC 2019-14) Discussion OWNER: Northplace Church of The Assemblies of God APPLICANT: Tomden Engineering The applicant is requesting to rezone one lot of 4.709 acres located at 701 South State Highway 78 for a Church/House of Worship use. The property is currently zoned Community Retail and the requested use is allowed by right. The reason for the requested zoning change to a Planned Development is to allow for the utilization of the existing non-conforming site. The conditions of the Planned Development require improvements to the site that bring the site up to current design standards with the following exceptions: I. A reduction in the parking stall dimensions from 1.0' X 20' to 9' X 20' 2. An allowance of an increase to the parking space maximum from 207 to 270 spaces. 3. A reduction in the required Landscape Area from 20%to 15.8%representing 33,000 sf. of landscaped area. 4. A reduction on required landscape design desirables from four to three. 5. An elimination of the requirement for a meandering sidewalk along SH 78. In addition, this Planned Development includes a provision that reverts to the baseline Community Retail zoning development standards if the Northplace Church, or any other church, ceases to own or occupy the subject property. Page 1 of I Page 2 of 2 If approved,the proposed development will be providing improvements to the site by platting the fire and access easements, providing landscape areas, restriping of drive aisles and parking, and making architectural improvements to the existing structure as shown on the exhibits.As such,an amended plat and a site plan submittal will be required before redevelopment could begin. Notifications/Responses: Twenty-three notifications were mailed; with no response received in favor or opposition of the request. P&Z Commission Discussion The Commissioners: -Asked about the request for an increase in the maximum parking and staff explained that the Zoning Ordinance states that any parking over 25% of the maximum required be on an alternative semi-permeable surface (such as "grasscrete"). - Questioned why no PD conditions exceed the current requirements. The applicant responded that the PD conditions may not meet current standards, but are an improvement over the current site conditions; and that the proposal makes any other improvements needed to meet all other zoning requirements. The Commissioners recommended approval by a vote of 6-0. 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'` z 2 il8aa,l>d -i II r.,f >s^ #ikr'alrti,�.i,:I)r2r,5 01,,14w/KC Ott^ 23} 2 2 ., t� �� i >> S ns ¶Ie i�4 ..ti r 7, _ ': . i w[ I �5. ; '_ 1:��1—} i'oTd4�:C4 j�_E r ;i .,}` Northplace Church F"i L il -: ,;$ 4 ♦��1 ►� „,m7y1,,,,,,,,, ,„ ��1 Subject Property IrN I �; . y , 0 145 290 580 870 1,160 1,450 `- A Feet Go[ NEW CMU DUMPSTER OWNER ARCHITECT T ENCLOSURE NORTHPLACE CHURCH OWT ARCHITECTS // SHANE GORE JOSH HEIMBACH / EXISTING CONCRETE SHANE@ NORTHPLACECHURCH.COM JHEIMBACH@OWTARCHITECTS.COM ryo /T BOLLARD TO REMAIN 2800 PLEASANT VALLEY RD 509 PECAN, SUITE 100 WYLIE SENIOR CARE / SACHSE, TEXAS 75048 FORT WORTH, TEXAS 76102 1 ADDITION, LOT 2, BLOCK A / EXISTING RAMP, CONCRETE 972.495.1116 817.993.9844 ti / VOL. 2009, PG.448 // LANDINGS,AND METAL / / RAILING TO REMAIN GENERAL CONTRACTOR CIVIL ENGINEER / GOFF COMPANIES TOMDEN ENGINEERING ° EXISTING CONCRETE DIRK DALHAUSSER THOMAS JONES �� BOLLARD TO REMAIN OCTOBER 18, 2019 DDALHAUSSER@GOFFCOMPANIES.COM TJONES@TOMDEN.COM i O EXISTING CONCRETE DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS,PREPARED BY 17950 PRESTON RD, SUITE 660 12655 N CENTRAL EXPY, SUITE 106 o OXLEY WILLIAMS THARP ARCHITECTS,PLLC ARE INSTRUMENTS OF DALLAS, TEXAS 75252 DALLAS, TEXAS 75243 20 / /i PLATFORM TO REMAIN SERVICE FOR USE SOLELY W ITN RESPECT TO THIS PROJECT THIS 214.716.5100 972.386.6446 INCLUDES DOCUMENTS IN ELECTRONIC FORM.OXLEY W ILLIAMS TNARP ARCHITECTS,PLLC SHALL BE DEEMED THE AUTHORS AND OWNERS OF / THEIR RESPECTIVE INSTRUMENTS OF SERVICE AND SHALL RETAIN ALL l's / /� 194'-0 3/4" COMMON LAW,STATUTORY AND OTHER RESERVED RIGHTS,INCLUDING EXISTING FIRE COPYRIGHTS.THE INSTRUMENTS OF SERVICE SHALL NOT BE USED BY THE OWNER FOR FUTURE ADDITIONS OR ALTERATIONS TO THIS PROJECT 6p / \ HYDRANT TO REMAIN OR FOR;wLHTER PROJECTS,WITHOUTTHE PRIOR WRITTEN AGREEMENT ARCHDESIGN REQUIREMENTS SITE SPECIAL CONDITIONS O 12 0 OF OXLE ILIAMS TNARPARCHITECTS,PLLC. ANY UNAUTORIZEUSE/ — — — — — - - - - OFTHEIRMENTS OF SERVICE SHALLBEW ITNOUT LIABTYTO•—/ EXISTING CONCRETE PAD OXLEYWIAMSTHARPARCHITECTS,PLLCANDITSCONSULTANTS. ____ THE PROJECT COMPLIES WITH ALL OF THE ARCHITECTURAL DESIGN AND ELECRICAL 1111111111111111111111. BASE STANDARD AS WELL AS THE FOLLOWING THREE OF SIX 1. REDUCTION IN PARKING SPACE SIZE: / NEW FIRE LANE TRANSFORMER TO REMAIN DESIRABLES: • REQUIREMENT= 10'x 20' / _ _ • PROVIDED = 9'x 20' / — — — — — — — EXISTING CONCRETE 1. USE OF TWO COMPLEMENTARY PRIMARY FACADE MATERIALS TO HELP • NOTE: HANDICAP SPACES WILL MEET ORDINANCE REQUIREMENTS �\ / .A /9/ /— REQUIREMENTS • BOLLARDS TO REMAIN ACHIEVE FACADE ARTICULATION, VISUAL VARIETY AND/OR ARCHITECTURAL °r, I / 4' DETAILING 2. PARKING SPACE COUNT TO EXCEED MAXIMUM ALLOWABLE: / `P,O 1 / . �� EXISTING POWER Revision Schedule • REQUIREMENT= 166 MINIMUM AND 207 MAXIMUM / / _ POLES TO REMAIN 2. COPY SAME STYLE ENTIRE BLOCK • PROVIDED = 266 PARKING SPACES ( 9 / / jrAr -. Rev. •Revision Revision 3. USE OF ARCHITECTURAL DETAILING AND/OR MATERIALS TO PROVIDE 3. REDUCTION OF LANDSCAPED AREA: • ( T T EXISTING FIRE DEPARTMENT 1, # Description Date VA VARIETY IN VISUAL APPEARANCE • RE IRED =208,561 F SITE x 2 ° =41,713 F �/ TI CONNECTION TO REMAIN R SU L • PROVIDED = 330 007 SF(5.8% OF SITE) 3 S EXISTING STONE AND IRON T TT FENCE TO REMAIN / / EXISTING WATER 4. NO 4 MEANDERING SIDEWALK (ON ADJACENT PROPERTY) / / METER TO REMAIN / 100'-0" 35'-9 5/8" 54'-2 3/8" 38'-0' SITE DESIGN REQUIREMENTS 5. THREE OF THE FOUR LANDSCAPE DESIGN DESIRABLES MET: I I TO REIMAINNG AS METER 1. LANDSCAPING IN SIDE AND REAR YARD NOT OTHERWISE / REQUIRED. I w 2. LANDSCAPING 10% OR MORE IN EXCESS OF 50 SF/SPACE. z , / THE PROJECT COMPLIES WITH ALL OF THE SITE DESIGN REQUIREMENTS BASE 266 x 50 A. 13,300 x 1.1 = 14,630 SF REQUIRED TO MEET DESIRABLE. MARTINEZ ADDITION / NORTHPLACE CHURCH PROJECT LOCATION STANDARD AS WELL AS THE FOLLOWING FOUR OF EIGHT DESIRABLES: 3. INCREASE IN MINIMUM WIDTH OF LANDSCAPE BUFFER AT STREET w / EXISTING CONCRETE STAIRS, ( PHASE III, LOT 4 (EXISTING 40,708 SF BUILDING TO REMAIN FRONTAGE)BY 20%. VOL. M, PG. 17 / 19.5%OF LOT) Lu CONCRETE LANDINGS, AND 1. FRONT FACADE ORIENTED TO THE STREET 10'x 1.2 = 12' REQUIRED TO MEET DESIRABLE. 29'-9" PROVIDED. O METAL RAILING TO REMAIN z / 701 STATE HIGHWAY 78 w 2. COMBINED ACCESS POINTS WITH ADJACENT TRACTS I / / z ZONING: o / 3. DIRECT CONNECTION BETWEEN BUILDINGS AND STREET D ' / COMMUNITY RETAIL(CR) COin MASONRIY SCREEND G IS PROVIDEDVISIBLE FROM PUBLIC STREET BUT PARKING TOTALS j/ LEGAL DESCRIPTION: WYLIE SHOPPING VILLAGE NO 1 (CWY), BLOCK z EXISTING POWER EXISTING CONCRETE I / 1, LOT 1 (4.7 ACRES) POLES TO REMAIN 4. SIDEWALK TO REMAIN I / X PARKING SPACES (9'x20') / w FRONT= 199(INCLUDING 6 HANDICAP AND 2 VAN ACCESSIBLE) I / REAR=67 I GOLDEN HARBOR TOTAL SHOWN = 266 %/ VENTURES, L.P. I S CC#20160201000115450 cP,, 2 �� EXISTING FIRE LANDSCAPING TOTALS ^'��-- _ _ _ _ — �' HYDRANT TO REMAIN EXISTING LIGHT EXISTING FIRE LANE TO BE MODIFIED T 'v LANDSCAPING AREAS N POLE TO REMAIN 01 • REQUIRED =266 PARKING SPACES x 50 SF= 13,300 SF OF LANDSCAPING EXISTING =25,457 SF DEMOLISHED =4,414 SF 12 12 12 T/T//iT / � T/Ti / cl NEW = 11,972SF ., Ok10 D 10 10D 10 A) Q- / TOTAL= 33,015 SF T// /%T I%O////%1 EXISTING LIGHT 6, D 45 D ,44 11 POLE TO REMAIN M o z to Q GENERAL SITE PLAN NOTES Lu Lt 1. ALL EXISTING SITE CONDITIONS TO BE VERIFIED BY CONTRACTOR PRIOR TO 263'-0" 0 WORK. in6" i i i 20'-0" 25'-0" 20'-0" 20'-0" 25'-0" 20'-0" 20'-0" 25'-0" 20'-0" 20'-0" 27'-0" 20'-0" 6" z i / i / i i / Q CC w 2. SHADED AREAS INDICATED NEW CONSTRUCTION. 3. ALL STRIPING IS NEW. 1 z EXISTING POWER ` POLES TO REMAIN 9 9 9 9 9 9 9 5 w 'LO, EXISTING LIGHT EXISTING LIGHT 'y POLE TO REMAIN POLE � y ,,, ;. . it„ ;a„ AAT d" ' ,' � µ *A IA',Vim, w A �[ a» `„; t uu^ - ,J t`i`q e��'+'"�• ,< v * 5 h. \ �• s , '�?.rt.U''ti' ,, 'AAA ',ii ., y<,rs `.�,` S aX s „*;,,,,,� 'ire O n, t` ,,?y'i+t,: 2s; { 4N��, ,r,. ,', .^me,t"i,„ u' },' p � ` ts ARCHITECTS tun r\,,, ".ti _ ..#, Kxt £�� '�� p d;iota as^3m wxa u R v� .T 8n x'`1 x tY ��, p .‘,4,, ,,*, ik„ ....,, g„,,s, „„ „, ,,� „,�, � "3� ;�. 1�� PROPERTY LINE``��,},,,,,\�,'.<`�;,n,�. r,5,,,rd `ri,: '.�Y,'„",�.,,,r>, , ,,., ''i,,, ,..iRP c ,�„ @ Ys, ,. ,,� £,�».%'"'\'��s:., /1 .., w .,, „w.z .lam"' •.,: .;,;',„ \yi} a i^ yi.\� t i \ r 509 PECAN STREET 4,0' e q„p,.Aa `tr , ��:, � 4.�' . ' \,� �,a • ., ,, ,. y:A SUITE 100 x e, `�ti ry ' , ",,,»e F,� d:"' ">, «,;-!,",°g s, n` a' " ,,. 's> ' . R.. FORT WORTH, TX 76102 � a: II r ' ,,;, a, 74* .. m.; 817.993.9844 Ada ; w �, ' ak a' EXISTING LOW "GAS A0001 < % ., a `' „ PRICE SIGN TO k@ , • � N ,; „` puToTtAi.,-,„,„,, ��",��wa., �,31 ` ? ':: ,t '��° �„NREMAINwww.owtarchitects.com t `,' �� ;�,,; t�� ,p i ,' , »,� �44. Diu MARTINEZ ADDITION �� ' ;� ,�< � • ,- LOT 1 BLOCK 1 'V,v Ip„'' i f', '' °'d i d. ,�,am ifi �dL uu r1 d '' �°r' ��m " ' VOL. H PG. 65 '„ • PROJECT I G C� F F r , „ • =e 4�d *, ` SITE yn i'' '�s., ",' er '''N' \i'`'i`'. h� iironwi hl.�Th,a A'Hg*i =yd,'� , u�M;4 ti" �,�k,.C,ji� . , '''' 1� a ,"`'��r a 1 :; a,•v,9, 'aum ,Y�, \� , '�dtk Y�'m.I i ,,TniNky �, ,k'4, �u�irn,,,,S,IIII „ m' a.m'- ails ..�"'v.'n'i n ul�. �`• '",4'• 1�°� {fy, 00,, ° 't a T�I ... ' ,,.4,' ' ' � y ��" ,sm, ` " " EXISTING LIGHT 14' �+ .a, „': .. . , N� EXISTING POWER ,4,d '' 0,' " },,,' " .4 '„ POLE TO REMAIN r� '� POLES TO REMAIN*n 'a o NORTHPLACE i4. �*+} .,a" � Y�, °,mw Hu � ��Cr^'E. M��. + M�'' }a;,' " ''tl N / A. ar.�^� � oo '"uu`INI m t ,�: � �u'i�� '�� ,,, � as.�'�a� X.��m',.,m� '�a•m. .�tt�. .r,„ � '' AA,*' "" ' ri �a "^,�' ^ ,p w.," " ^� , ...ativ ^�' .., I' ; • of ----------- eM. P. CHURCH WYLIE m"'d "f o- i �a f .N'n" �' 6'44, yfe ^P„ . °S�Wx' !'` h�" ',d�,�'r '4 ,+ ,6. i III "NN E f ',•ta N^' — — ___--_ r,� 701 STATE HIGHWAY 78 u ,�„ ,, _ 'Gv ,m`", milli„ .: �.��r w, " \ — — m : WYLIE TX 75098 .d ' ' a 40, ' a ^ ,r 3'=, w --- — 2019-009-00 ". ' 4 "' m ram' , - ,,f EXISTING FIRE INCREASED n°µ fir; , Y, ��;'"' 1'\.A. ��',, *,,,Ai m�� .p A - -\ � p mTO :N iy. N Piiii.� dJ+"Fq,, ' „A------- - ¢, ,,, .. v m �n — HYDRANT TO REMAIN LANDSCAPE BUFFER OCTOBER 18, 2019 ,r1, 'm °;, "dAr �N""';1sc,ko � '" ,a^a,a ^ 4��m' ,�� d4,9. . r' �"M, p 'p' " ' ' GHWAY78 w , , ' " ww:° "" ;.off STATE HI �'� Y' m�� Y � y� s „:�"' 'w .a :,dw� Al �„, �^P�� WY�� .y i> ,010 NF' "°;*" +, ,', mW MM � .., . . awl , S, 0 ,, a. f �: ARCHITECTURAL v,�� +°`�'n°u ° ^� �` tu��, �v "'m,i:,, �"k ' 'o�^ " „>"""" ';�r;'fi ,". f�„��; ��^° , �: y� SITE PLAN '^ ✓`;r►Y '„ '„^ x "'{? ud h 'e " «. .v.+mm .. « ,a 'm.,'a"n� M=.°�� VICINITY MAP ARCHITECTURAL SITE PLAN 1 SCALE: 1"=40'-0" A1.00 ■ 4,„ 3KNDALL F PLANTING GENERAL NOTES LANDSCAPE ARCHITECTURE I. ALL SOIL EXCAVATION MAY BE DISPOSED OF ON SITE. 2. IF A LIVE UTILITY IS ENCOUNTERED DURING EXCAVATION, CONTACT OWNER'S REPRESENTATIVE. 3. SEE PLANTING SPECIFICATIONS FOR A COMPLETE • DESCRIPTION OF PLANT MATERIAL AND INSTALLATION. 4N -3 CEDAR ELMS 4. ALL BEDS MUST BE LAID OUT AND APPROVED PRIOR TO THE INSTALLATION OF THE IRRIGATION FOR COORDINATION. 7 CRAPE MYRTLE 5. ALL PLANT MATERIAL SHALL BE STAKED AND APPROVED BY 'C/ THE LANDSCAPE ARCHITECT PRIOR TO PLANT INSTALLATION. )® / 6. ALL PLANTING DETAILS ARE TYPICAL. 7. ALL DISTURBED AREAS WITHIN THE PROJECT LIMITS MUST BE / Revision Schedule EITHER HYDROMULCHING OR SOLID SODDED UNLESS NOTED. r.7) z Rev. Revision Revision ''� # Description Date E PREPARATION GENERAL NOTES 4V. e-,, // / I. PLAN PREPARED BY: / I MICHAEL S. KENDALL j KENDALL + LANDSCAPE ARCHITECTURE 6c176 SANTA BARBARA f 7 CRAPE MYRTLE DALLAS, TEXAS 75206 / PHONE: (214) 73q-3226 E-MAIL: MIKE@KENDALL7.COM TEXAS LANDSCAPE ARCHITECT LICENSE NO. 1127 1-4-D / 2. ALL AREAS SHALL BE IRRIGATED BY A LICENSED IRRIGATOR WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM ---) // PROVIDING 100% COVERAGE. 3. ALL REQUIRED TREES FROM THE CITY APPROVED LISTING. ___) % NORTI-IPLACE CI-IURCI-I / IRRIGATION PLAN - SCOPE OF WORK / G GENERAL NOTES D OWNERS INFORMATION ;'/ / / 1 I. OWNERS INFORMATION OPEN SPACE OPEN SPACE I. ALL AREAS TO BE IRRIGATED BY AN AUTOMATIC IRRIGATION UNDERGROUND SYSTEM. SHANE GORE NORTHPLACE CHURCH 2. A FULL AND COMPLETE PLAN SHOWING PIPING, HEADS, 2800 PLEASANT VALLEY ROAD 7 CHINQUAPIN OAK I LIVE OAK VALVES AND CONTROLLER TO FOLLOW. SACHSE, TEXAS 75048 PHONE: (d172) 4G15 1116 -� --a 00 00 6 EXISTING o a a o CRAPE MYRTLE C ORDINANCE REQUIREMENTS - WYLIE 1 I. LANDSCAPING IN SIDE AND REAR YARD NOT REQUIRED. fY 2. PARKING LOT OPEN SPACE 247 * 50 = 12,350 * 1.1 = 13,585 SQUARE FEET REQUIRED V 14,310 SQUARE FEET PROVIDED LLl 3. RIGHT OF NAY PLANTING _ V 1/ HIGHWAY 78 310 / 30 10 3" CALIPER TREES REQUIRED 10 3" CALIPER TREES PROVIDED 8 CEDAR EL1 a. �ti 4. PARKING = ALL PARKING WITHIN 60' OF A TREE �— QY 5. BUFFER 0 LANDSCAPE BUFFER INCREASED BY 20%. � Z O \� i ARC -IITECTS 10' X 1.2 = 12' REQUIRED. 2q'-6" PROVIDED. 509 PECAN STREET 5. PLANT SELECTIONS 2 MEXICAN SYCAMORE SUITE 10 0 FORT WORTH, TX 76102 FINAL LOCATIONS AND SELECTION FOR TREE TYPE TO BE MADE AT CONSTRUCTION DOCUMENTS. 817.993.9844 PLANT NAMES AND TYPES MAY CHANGE IN THE PERMIT SUBMITTAL. ,_ www.owtarchitects.com 7 ALLEE ELM SOLID SOD TYPICAL ALL ISLANDS B PLANT LISTING — ALL SIZES SHOWN ARE MINIMUM. SMALLER CONTAINERS MEETING THE SPECIFIED HEIGHT AND SPREAD WILL NOT BE ACCEPTED. / NORTHPLACE BOTANIC NAME COMMON NAME SIZE DESCRIPTION QUANTITY e 0 - -_------ CHURCH - WYLIE TREES 0 701 STATE HIGHWAY 78 5 CHINQUAPINtrim r WYLIE, TX 75098 QUERCUS VIRGINIANA SOUTHERN LIVE OAK 65 GALLON CONTAINER, 3"-3 1/2" CALIPER, 6' — 7' HEIGHT, 3'-4' SPREAD SINGLE STRAIGHT LEADER. 8 OAK QUERCUS FALCATA RED OAK 65 GALLON CONTAINER, 3"-3 1/2" CALIPER, 6' — 7' HEIGHT, 3'-4' SPREAD SINGLE STRAIGHT LEADER. 3 2019-009-00 0 -- 3 LIVE OAK OCTBER 18, 2019 QUERCUS MUEHLENBERGII CHINQUAPIN OAK 65 GALLON CONTAINER, 3"-3 1/2" CALIPER, 6' - 7' HEIGHT, 3'-4' SPREAD SINGLE STRAIGHT LEADER. 12 wr ULMUS GRASSIFOLIA CEDAR ELM 65 GALLON CONTAINER, 3"-3 1/2" CALIPER, 6' — 7' HEIGHT, 3'-4' SPREAD SINGLE STRAIGHT LEADER. GI ' ' 1� 1/2" ' SINGLE STRAIGHT LEADER. 7 I LIVE OAK 3 LIVE OAK 3 RED OAK SOLID SOD TYPICAL PD LANDSCAPE ULMUS PARVIFOLIA EMER II ALLE ALLEE ELM 65 GALLON CONTAINER, 3 —3 CALIPER, 6 — 7 HEIGHT, 3 —4 SPREAD PLATANUS MEXICANA MEXICAN SYCAMORE 65 GALLON CONTAINER, 3"-3 1/2" CALIPER, 6' — 7' HEIGHT, 3'-4' SPREAD SINGLE STRAIGHT LEADER. 2 STATE }�IG}-{WAY �S LAGERSTROMIA INDICA CRAPE MYRTLE 30 GALLON MULTI—TRUNK 14 CONCEPT PLAN LAWN A PD LANDSCAPE CONCEPT PLAN CYNDON SPP. BERMUDA GRASS — SOLID SOD AND SEEDING — SEE LEGEND 1" = 40'-0" 0 20' 40',: 80' Ll Ir A., ...,. - / 4- 3"44%,.. _. < l'-' i 4/4.,..N. ----3 CEDAR ELMS / 7 GRAPE MYRTLE i z i ,'.,., li eil of,l /•,%,,v,,,,,, / (,... 0 . __I /•/-32 ./.. 4/''4"2,/// ' ' 14-, • :,:://;-;/./..//„•4/,4 •/ .,27' ... , - /,,- 4/2,34//,W.2 //••• ' -/ e/e/:// if -...,. .- - // e--4 . le • , ,/ /: eeeeeezeeeyeeeeeezez/e4X/e,;/;.. "---•./4 47„.erey./7/;--e-/z22///// 4,-/eteeee,e-/: / //it 4//,---,4'/ -' '..e -II be- IA . ,.. ...,,_, ';>/: /7,.. 7//,./... i/. 1 , . -...%, CRAPE MYRTLE //y riti q7 ........; 71 wo /./.; . 3.- „.:. ,--- / 4e, -27:- ,/.././ eeei, NoRmpLAC....F CHURCH -z-..-; /7/ .,/ 7,-1 ..-// -0; 1,.., / 7 OPEN SPACE OP EN-5?--,, ta R,-,,,..-v I LIVE OAK--- o-'44 0_///i a, I q --.,, 74H1I\10UA7 N OAK ",,,/,, -GRAPEExl T .1..'; -:frk-- --,47::_;,:, --•-•!%•4,• .:4,.--.4f,27-`4 .• :,,,4 0 0 0 0 IV4 1 • .'..:!•'' I'r1,3•4 ,„,. MYRTLE ,., I.1r4 = 1111 :-,, ''1%.,i/1"iii kJ e4,-,, -444 113.-:CI W 't_ 'i 0 -41:1 ,;,:?: 4. q .-o- i,;.,-,,,,, i II1T:1f4?ri:f, W----- S, .... .. : gc,:-.,:'-: e• _, 2.. , ,,_ ,-:„;,„-,,•- ',•i CEDAR 01 -' ---:--44*---'e-4.-:__4r-N--i/1-..,-----f--,-"..7,P"--,---A',,,'-4-_"',•,,„4-:-,.,.,,-.-L_,,-,,i,I,,A:.,lki!tt-i.tr.t--,'.--._-4.-.•,:-.4./-_-„3,':,, 0 U0<o_1_lI •, , .--I r i---;.-* Iii.' ,it-1 .,,,k, 1.,..4 1...!.4 ,,-4.1A-::14i0-::, , -- e,-,4_',',--,. P q,,,-.1s.,-41.,..AnisT,:q_. q.ittqwzmorrate, ----,. ..qq.,:t _ fq: q q „,,,,,,:i.„,„,...,,,...„,. „, 24:11e1-17C,4triAhlt.„15::: 11#14/r44,7,4 --:: --74,0rr 2Pr:---:':4:-,1- MORE i>„ ,,,, .-7,....- .,----'-= ---------_.-a: -;'--:-.--!_---.!--,- '„ --------- • — r,41;,...;',,',,,:. i,:, .,/ ,:..„,,,,,, ,tr,; ,-..-,_- -- ELM ---- _, ti,,-,,,,-__;,:. 7 AL L E E ..r.„,,. ..., ;:t%; ,..-.., -a.. „.1 i...,.. 4 - we .. 7et SOLID SOD TYPICAL ALL 4 :--, N IS VtIo . 4.1%,,;. .-___Akti•---,,--,-4-, ,,,-;-i- .,,,II" . '--Stp14.7/3;:!•,1 lf, ' 04, - - • „ .. .„.,,,-,„„,,.;,,,77,--;;;„ !-.„1,„:x-;,:,,:,,,,,k,t;p'.:,,i--,':-,-• ,_,--A: A . -;-,:?'''''''‘N-,-:-,--;A-t.,,:-,-:_-:A-::, ..._ I N 0 U A P 14:4 /- 41 : ,%,7-.,,,/,, OAK Arf,,-/ii ,,,:C*;A_-/,.-r''''.".;-!,_-.4'%!-%,1;4;,:.!:0- E•%;_:;;., ,,th--...-~'--?•-•4.--- fl‘ t'''' 1:4I 4 4''':'';:''''-7-'":17/,:;14,4 ,-•i-'44AP:;:cf r 4-.64:- -- .iii ,4i.S: - t4 4 -± .---- %%;;,/t4rr5,/444/ Alp 3 LIVE OAK ----::/ 3 LIVE OAK 3 RED OAK 5 HIGHWAY i I LIVE OAK STATE SOLID e,SOD TYPICAL A PD LANDSCAPE CONCEPT 80' 1"=40'43" PLAN 20' 40'AN EXISTING DECORATIVE STAR AND EXISTING METAL EXISTING EXTERIOR LIGHT EXISTING EXTERIOR CMU MOUNTING HARDWARE TO BE REMOVED. CANOPY TO REMAIN FIXTURES TO REMAIN WALLS TO REMAIN -REPAIR EIFS AS NECESSARY FOR A SEEMLESS FINISH ALUMINUM STOREFRONT WINDOW I / i / OCTOBER 18, 2019 INFILL WALL OPENING WITH NEW CMU "` DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS,PREPARED BY -ALIGN NEW MORTAR JOINTS WITH OXLEY WILLIAMS THARP ARCHITECTS,PLLC ARE INSTRUMENTS OF EXISTING MORTAR JOINTS. PAINT TO SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT.THIS INCLUDES DOCUMENTS IN ELECTRONIC FORM.OXLEY WILLIAMS THARP MATCH ADJACENT WALL ARCHITECTS,PLLC SHALL BE DEEMED THE AUTHORS AND OWNERS OF THEIR RESPECTIVE INSTRUMENTS OF SERVICE AND SHALL RETAIN ALL COMMON LAW,STATUTORY AND OTHER RESERVED RIGHTS,INCLUDING COPYRIGHTS.THE INSTRUMENTS OF SERVICE SHALL NOT BE USED BY THE OWNER FOR FUTURE ADDITIONS OR ALTERATIONS TO THIS PROJECT OR FOR OTHER PROJECTS,WITHOUT THE PRIOR WRITTEN AGREEMENT x. _ m' OF OXLEY WILLIAMS THARP ARCHITECTS,PLLC. ANY UNAUTHORIZED USE OF THE INSTRUMENTS OF SERVICE SHALL BE WITHOUT LIABILITY TO FIRST FLOOR OXLEY WILLIAMS THARP ARCHITECTS,PLLC AND ITS CONSULTANTSIIIIIIIIIIIIIIIIIIIIIIIIIIII 100'-0" INFILL WALL OPENING AT REMOVED ENTRANCE DOORS Revision Schedule "CHURCH" BACKLIT(HALO LIGHT WEST ELEVATION I 4 AND HOLD OFF WALL) BLACK Rev. Revision Revision STAINLESS STEEL 30"TALL X 2" SCALE: 3/32" = 1'-0" A3.01 # Description Date DEEP ARIAL LETTERS. -CENTER OVER ENTRANCE "NORTHPLACE" BACKLIT(HALO LIGHT AND EXISTING DECORATIVE STARS (9)AND MOUNTING HOLD OFF WALL) BLACK STAINLESS STEEL EXISTING EIFS 36"TALL X 3" DEEP ARIAL BOLD LETTERS. T HARDWARE TO BE REMOVED. TO REMAIN CENTER OVER ENTRANCE -REPAIR EIFS AS NECESSARY FOR A SEAMLESS FINISH i T , _ Y L 1 ;, >3 .._ _ .. .... .., ., .... r . r. . .. . FIRST FLOOR 100' -0„ ALUMINUM ALUMINUM EXISTING METAL AWNINGS ALUMINUM STOREFRONT WINDOW STOREFRONT SYSTEM (3)TO BE REMOVED STOREFRONT DOORS SOUTH ELEVATION I 3 SCALE: 3/32" = 1'-0" A3.01 EXISTING DECORATIVE STAR AND MOUNTING HARDWARE TO BE REMOVED. EXISTING EXTERIOR CMU EXISTING EXTERIOR LIGHT -REPAIR EIFS AS NECESSARY FOR A WALLS TO REMAIN FIXTURES TO REMAIN SEEMLESS FINISH J - EXISTING GAS METER / TO REMAIN EXISTING FIRE DEPARTMENT CONNECTION TO REMAIN 1 _FIRST FLOOR 100'-0" INFILL WALL OPENING AT REMOVED \� �� _ ENTRANCE DOORS O �'/ ARCHITECTS EAST ELEVATION I 2 SCALE: 3/32" = 1'-0" A3.01 509 PECAN STREET SUITE 100 FORT WORTH, TX 76102 817.993.9844 www.owtarchitects.com EXISTING EXTERIOR EXISTING EXTERIOR EXISTING METAL EXISTING EXTERIORinktitri...'-\‘‘CMU WALLS TO REMAIN CANOPY TO REMAIN LIGHT FIXTURES TO CMU WALLS TO REMAIN O F F , ,,` REMAIN a. NORTHPLACE i CHURCH - WYLIE — — 701 STATE HIGHWAY 78 WYLIE, TX 75098 _ _ 2019-009-00 , OCTOBER 18, 2019 _ -._ ._~._.; - FIRST FLOOR 11111111111111111111111111111111111111111111111. 100'_ 0" EXTERIOR EXISTING PLATFORM ELEVATIONS TO REMAIN NORTH ELEVATION I 1 SCALE: 3/32" = 1'-0" A3.01 A3 • Ol Page is too large to OCR. Northplace Church- Wylie Campus Conditions For Planned Development The purpose of this Planned Development (PD) District iSto allow for 8Church to occupy the existing premises under the Community Retail (CR) Zoning District with the following General and Special Conditions. U. GENERAL CONDITIONS 1. This Planned Development District shall not effect any regulations within the Zoning Ordinance or Code of Ordinances, current or as amended, except as specifically provided herein. 2. All regulations of the COn)rnUnUv Retail (CR) [)iSthCt as Set fOhb in Article 4, Section 4.1BOfthe Zoning Ordinance (adopted 8SOfSeptember, 2O1g) are included bvreference and shall apply herein. 3.The conditions of this Planned Development revert to the baseline Community Retail Zoning Development Standards if Northplace Church or any other church ceases to own or occupy the subject property. SPECIAL CONDITIONS 1.Areduction inthe typical ordinary parking stall dimensions from 10`x2O'tO9`x2O' Handicap spaces shall comply with the Ordinance. 2. Parking space count to exceed the maximum allowable. The current requirement is for 166 spaces minimum and 207 maximum. The proposed count shall not be more that 270 spaces. 3. A reduction in the required Landscape Area required from the current standard of 20% Ofthe Site being 2O8'561Sfx2OY6=41,713Sf.Aminimum Of83'0U0Sfshall berequired representing 15.8Y6Ofthe Site generally inaccordance with the attached PDLandscape Concept Plan. 4.NO4`meandering sidewalk along SH78shall berequired. 5. Site Design Requirements The project complies with all Ofthe site design requirements base standard 8Swell 8Sthe following four Ofeight desirables: 1. Front Facade oriented to the street. 2.Combined access points with adjacent Tracts. 8. Direct connection between buildings and Street. 4. Service 8re8(dUrnpSteM not visible from public Street but masonry screening is provided. O.Comply with three of four required Landscape Design desirable elements as follows: 1. Landscaping inside and rear yard not otherwise required. 2.Landscaping 1096Ormore inexcess Of5OsfYparking space. 360x50=18'300x 1.1=14.03Oafrequired to meet desirable. 3.Increase iDminimum width OfLandscape Buffer along SN-y8by2O96 1O`x1.2=12`required tOmeet desirable. Approximately 29`provided 7. Architectural Design Requirements The project complies with all of the Architectural design requirements base standard 8Swell aSthe following three Ofsix desirables: 1.Use Oftwo complementary primary facade materials tOhelp achieve facade CirCU|8tiOD' viSU8] variety, and/or architectural detailing. 2. Copy same style entire block. 3. Use Ofarchitectural detailing and/or materials tO provide variety in viSU8| appearance. 8.All inaccordance with the attached Exhibit A1.00Architectural Site Plan, dated 1O/18 201S,and Exhibit L1.0OPDLandscape Concept Plan, dated 10/ 8/2019vvhiChSh@||beCOnne parts Ofthis Ordinance. Revised 10/18/2019 i�i�i�i�i�i PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2019-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case #2019-14. Please feel free to contact Planning Department at 972.516.6320 with questions or concerns Date, Location & Time of Planning & Zoning Commission meeting: Date, Location & Time of City Council meeting: Name: Address: Signature: Date: Tuesday, November 19, 2019, 6:00 pm Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas Tuesday, December 10, 2019, 6:00 pm Municipal Complex, 300 Country Club Road, Building 100, Wylie, Texas /yq✓�!1 LJArCnct-3AR.l rt r Weer AvJN(R (pleases iprint)� �1 l 7[ I '� C5 C71 5, t^� r G W wltY rf7e 64 L.o%f.N lied a /4;vir .g t /a/G,4,9 4/1 aAffeT04171411 COMMENTS: & S` %,j. Ca..e 4GCs3l 0.-1 So --•Ft.. i s eit*,ew-e- J e c i C44.-21' {lur0.4 , +/ 0.4. 7e 5_7f . d v,1,es t -rrQ _�.1. r.�.t a� �. , 7oc).:. Rckfse-r►;-s�, 0j- T SAf" 4'rr.L !a4 a .Le�S 14 CLAN 014t ,n�l4�St�CF.n...is� CC _ .�. UV t a%' -4 S� �d p cze_51 , 1 ttaJa Gt emc.1r, -CA_ .oaf / a 7't►1 S Shw+eaf O-CaS j2fe.& e a.e --i% (�r):t-i. rncy-e- 41 AC isdarkl r i.,ii� ! u ,3? W J 0 0 i SITE SPECIAL CONDITIONS PARKING TOTALS OWT ARCHI Z UZ ;;a 9 g= Meeting Date: December 10, 2019 Wylie City Council Item Number: Department: Purchasing Account Code: Prepared By: Glenna Hayes / Tim Porter Budgeted Amount: Date Prepared: December 3, 2019 Exhibits: 100-5181-56040 $100,000.00 Evaluation Tabulation Consider, and act upon, the award of RFQ #W2019 -55-E for City Engineering Firm Plan Review Services; to Birkhoff, Hendricks & Carter LLP in the estimated annual amount of $100,000.00, and authorizing the City Manager to execute any and all necessary documents. A motion to approve the award of RFQ #W2019 -55-E for City Engineering Firm Plan Review Services; to Birkhoff, Hendricks & Carter LLP in the estimated annual amount of $100,000.00, and authorizing the City Manager to execute any and all necessary documents. Section 5 of the City Charter states that "the City Council, in consultation with the city manager, shall appoint a competent, duly qualified, registered and practicing professional engineer in the State of Texas who shall serve as city engineer." Additionally, the term "city engineer" in the Charter may refer to either an individual or firm. City staff issued a Request for Qualification (RFQ) for a qualified Engineering Firm. The selected Firm will review plats, development plans, floodplain reports and/or floodplain documents submitted to the City by developers or their representatives for compliance with the City of Wylie standards (City Code of Ordinances, Subdivision Regulations, Standard Construction Details and Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards); and for adherence to applicable County, State or Federal development regulations. In addition, Birkhoff, Hendricks and Carter, LLP will assist the City in the development and revision of its engineering design manuals which are used as standards for developers and consulting engineers, and provide additional engineering services/studies as may be requested by the City Council. Staff received and reviewed eight (8) submittals from engineering firms. All eight (8) firms were evaluated against City's needs. Birkhoff, Hendricks and Carter LLP has a knowledgeable staff and has been providing "City Engineering" services for the Cities of Red Oak, Parker, Murphy, Denison, Celina, Aubrey, Argyle, Anna and Royse City; as well as a 30 —year history of municipal projects with both the City and the Region. Staff recommends the award of RFQ #W2019 -55-E to Birkhoff, Hendricks & Carter LLP, as the most qualified firm. This award will establish an annual contract with renewals for the defined services which are billable at the contracted hourly rates (plus reimbursable expenses) at a total amount not to exceed the approved annual budget. Page 1 of 1 RFQ: W2019 -55-E CITY ENGINEERING FIRM - PLAN REVIEW SERVICES FIRM Total Ranking BIRHOFF, HENDRICKS & CARTER 4.043 1 KIMLEY-HORN AND ASSOCIATES, INC. 3.874 2 JONES/CARTER, INC. 3.854 3 EIKON CONSULTING GROUP LLC 3.507 4 O'BRIEN ENGINEERING INC. 3.389 5 EST. INC. 3.299 6 RLG CONSULTING ENGINEERS INC. 3.261 7 TERRACON CONSULTANTS, INC. 2.549 8 Meeting Date: December 10, 2019 Wylie City Council Item Number: 4 Department: Purchasing Account Code: Prepared By: Glenna Hayes / Chris Holsted Budgeted Amount: Date Prepared: December 3, 2019 Exhibits: Resolution Sales Contract Consider and act upon Resolution No. 2019-36(R) to accept a bid from Mulligan Foods RE 2 LLC's for the purchase of real property owned by the City of Wylie and located at 802 N. Kirby, Wylie, TX in the amount of $1,045,440.00 as responsive to bid #W2019 -134-B, and authorizing the City Manager to execute any and all necessary documents. A motion to approve Resolution No. 2019-36(R) to accept a bid from Mulligan Foods RE 2 LLC's for the purchase of real property owned by the City of Wylie and located at 802 N. Kirby, Wylie, TX in the amount of $1,045,440.00 as responsive to bid #W2019 -134-B, and authorizing the City Manager to execute any and all necessary documents. City and WEDC staff have been preparing two adjoining pieces of property (located at 802 N. Kirby, Wylie, TX) for redevelopment since 2015. The long term goal for these two (2) pieces of property has been for retail, personal services, office, medical, and flex space development. Redevelopment efforts have involved: oc the cleanup of the Superfund site completed with a Ready for Reuse Certificate being issued; oc a flood study was completed through FEMA removing approximately two acres from the floodplain; oc a Municipal Setting Designation was established via the TCEQ; oc an Affidavit of Completion is being issued by the TCEQ completing the Voluntary Cleanup Program requirements; oc back taxes associated with the Chemical Recycling, Inc. bankruptcy have been paid to the County, WISD, and Collin College; and oc WEDC is in the process of extending a water line from Cooper Drive to create a looped water system serving the site. Under Local Government Code Chapter 272, the City is required to either auction or complete a competitive bid process for the sale of property, at an amount no less than the current appraisal value. Staff released bid #W2019 -1.34-B for the sale of 1.6 acres located at 802 N. Kirby St., Wylie, TX. Staff received one (1) responsive bid from Mulligan Foods RE 2 LLC, with their stated intent to build a 10,000 sq. ft. multi -tenant building. Page 1 of 1 Page 2 of 2 Staff recommends the approval of Resolution No. 2019-36(R) to accept a bid from Mulligan Foods RE 2 LLC's for the purchase of real property owned by the City of Wylie and located at 802 N. Kirby, Wylie, TX in the amount of $1,045,440.00 as responsive to bid #W2019 -134-B, and authorizing the City Manager to execute any and all necessary documents. RESOLUTION NO. 2019-36(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, OR HIS DESIGNEE, TO ACCEPT MULLIGAN FOODS RE 2 LLC'S BID, TO EXECUTE A COMMERCIAL CONTRACT OF SALE BETWEEN THE CITY AND MULLIGAN FOODS RE 2 LLC FOR THE SALE OF PROPERTY OWNED BY THE CITY, AND TO EXECUTE ANY AND ALL OTHER DOCUMENTS AND TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Wylie, Texas (the "City"), owns that certain tract of land being 1.60459 acres, more or less, situated in the City of Wylie, Collin County, Texas, as more particularly described in Constable's Deed recorded in Volume 952, Page 911, or the Official Public Records of Collin County, Texas (the "Property"); and WHEREAS, the City is authorized to sell the Property pursuant to Chapter 253 and/or Chapter 272 of the Texas Local Government Code, as applicable; and WHEREAS, in accordance with Chapter 272 of the Texas Local Government Code, the City advertised the Property for sale by publishing Invitation to :Bid # W2019-134-13; and WHEREAS, the City desires to sell the Property to Mulligan Foods :RE 2 LLC ("Purchaser") based on Purchaser's Bid dated September 25, 2019 (the "Bid"), and Purchaser desires to purchase the Property from the City, pursuant to the terms of that certain Commercial Contract of Sale, a copy of which is attached hereto as Exhibit A (the "Contract"); and WHEREAS, the City has complied with the notice and bidding requirements set forth in Chapter 272 of the Texas Local Government Code; and WHEREAS, the City Council finds that accepting the Bid, entering into the Contract, and selling the Property to Purchaser in accordance with the terms of the Contract will benefit the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The City Manager of the City of Wylie, Texas, or his designee, is hereby authorized to (i) accept the Bid, (ii) execute, on behalf of the City, the Contract, in the form attached hereto as Exhibit A, and (iii) execute any and all other documents and take any and all other actions necessary to effectuate the sale of the Property in accordance with the Contract. Should the final, executed version of the Contract be modified from the version attached as Resolution No. 2019-36(R) Contract with Mulligan Foods RE 2 LLC Page 1 of 3 2931882 Exhibit A, such final, executed version shall replace Exhibit A of this Resolution for all purposes. SECTION 3. This Resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS on this 10th day of December, 2019. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2019-36(R) Contract with Mulligan Foods RE 2 LLC Page 2 of 3 2931882 Exhibit A Form of Contract [35 pages attached hereto] Resolution No. 2019-36(R) Contract with Mulligan Foods RE 2 LLC Page 3 of 3 2931882 Vision Commercial Real Estate NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® COMMERCIAL CONTRACT OF SALE [Check all boxes applicable to this Contract - Boxes not checked do not apply to this Contract] In consideration of the agreements contained in this Commercial Contract of Sale (the "Contract"), Seller shall sell and convey to Purchaser, and Purchaser shall buy and pay for, the Property (defined below) pursuant to the provisions, and subject to the conditions, of this Contract. 1. PARTIES. The parties to this Contract are: Seller: Cit r o WvIie Address: Phone: Email: Tax ID No.: .. ..171 ISMANINW... FATO 10 1 Fax: Phone: Fax: Email:todd(a)mulliqanfoods.com Tax ID No.: 2. PROPERTY. The address of the Property is: Citv of WvIie Texas The Property is located in Collin County, Texas, the land portion of which is further described as: Southern 1.60459 acres property described in Constable's Deed recorded in real estate records of Collin County, Texas CC# 20151207001523550 (Vol. 952, PC 911) or as described in Exhibit "A", LEGAL DESCRIPTION and/or shown on Exhibit "B", SITE PLAN. The Property includes all improvements, fixtures, and personal property situated thereon, and all rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys, and rights-of-way (such land, improvements, fixtures, personal property, rights, and appurtenances being collectively referred to in this Contract as the "Property"). ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 1 Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Fax: 8177044621 City of Wylie Land Roger Smeltzer Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 3. PURCHASE PRICE. A Amount and Payable. The purchase price for the Property is $ 1,045,440.00 (the "Purchase Price"), payable at the Closing as follows (with the Earnest Money to be applied to the Purchase Price) [Check only one]: ❑ (1) All in cash (meaning Good Funds, as defined in Section 4.F. below). If this Contract is subject to approval for Purchaser to obtain financing from a third party, then Addendum 13- 1, THIRD PARTY FINANCING is attached. ❑ (2) Part in cash (Good Funds), in the following amount or percentage [Check onlyone]: 1 (a) $ L 1 (b) percent ( %) of the Purchase Price. If only part of the Purchase Price is to be paid in cash, then the balance of the Purchase Price will be paid according to the provisions in Addendum B-2, SELLER FINANCING. If part of the Purchase Price is to be paid by Purchaser assuming, or taking the Property subject to, an existing promissory note secured by the Property, then Addendum B-3, EXISTING LOAN, is attached. B. Adjustment. If this box is checked ❑then this Section 3.B. applies and the Purchase Price will be adjusted up or down based upon the land area of the Property as determined by the Survey. If the box in the preceding sentence is not checked, then none of this Section 3.13. applies to this Contract. The land area will be multiplied by the following amount per acre or square foot, as applicable, and the product will become the Purchase Price at the Closing [Check only one]: ❑ $ per acre; or ® $ 15.00 per square foot. The land area for purposes of determining the Purchase Price will be the gross land area of the Property unless this box ❑ is checked, in which case the land area for purposes of determining the Purchase Price will be the Net Land Area [as defined in Section 5.A. (Survey)] of the Property. Notwithstanding the foregoing, the Purchase Price will not be reduced under this Section 3.13. to less than $ 4. EARNEST MONEY AND TITLE COMPANY ESCROW. A Title Company. The Title Company to serve as escrow agent for this Contract is (the "Title Company"): Lawyers Title; 250 S. Hwy 78, Wylie, Texas B. Effective Date. The "Effective Date" is the date the Title Company acknowledges receipt of this fully executed Contract as indicated by the signature block for the Title Company. C. Earnest Money. Withintwo Business Days after the—Effec+%ate, Purchaser shall deliver an earnest money deposit in the amount of $ 1 (the "Earnest Money") payable to the Title Company in its capacity as escrow agent, to be held in escrow pursuant to the terms of this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Earnest Money with the Title Company. If Purchaser fails to timely deposit the Earnest Money with the Title Company, then Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser at any time until Purchaser deposits the Earnest Money with the Title Company. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 2 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 DELETE Purchaser instructs the Title Company to promptly deposit the Earnest Money upon receipt in one or more insured accounts in a state or federal banking or savings institution. After receipt of necessary tax forms from Purchaser, the Title Company will deposit the Earnest Money in an interest bearing account unless this box E] is checked, in which case the Title Company will not be required to deposit the Earnest Money in an interest bearing account. Any interest earned on the Earnest Money will become a part of the Earnest Money. At the Closing, the Earnest Money will be applied to the Purchase Price or, at Purchaser's option, will be returned to Purchaser upon full payment of the Purchase Price. D. Independent Consideration. Notwithstanding anything in this Contract to the contrary, a portion of the Earnest Money in the amount of $100.00 will be non-refundable and will be distributed to Seller upon any termination of this Contract as independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser by any provision of this Contract, the Earnest Money will be promptly returned to Purchaser. Any provision of this Contract that states that the Earnest Money is to be returned to Purchaser means that the Earnest Money, less the non-refundable portion, is to be returned to Purchaser. E. Escrow. The Earnest Money is deposited with the Title Company with the understanding that the Title Company is not: (1) responsible for the performance or non-performance of any party to this Contract; or (2) liable for interest on the funds except to the extent interest has been earned after the funds have been deposited in an interest bearing account. F. Definition of Good Funds. "Good Funds" means currently available funds, in United States dollars, paid in the form of a certified check, cashier's check, official bank check or wire transfer acceptable to the Title Company, such that the payment may not be stopped by the paying party. Any reference in this Contract to "cash" means Good Funds. 5. SURVEY AND TITLE. Lam,TIT:R�T��r�:frsr7�r.�t�rsssr_rs�� st�stt�r_� �zsr_�ra:rr�+rr�nrrrtie r ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 3 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com DELETE Any new Survey must: (1) be prepared by a Registered Professional Land Surveyor; (2) be in a form reasonably acceptable to Purchaser and the Title Company; (3) set forth a legal description of the Property by metes and bounds or by reference to a platted lot or lots; (4) show that the Survey was made on the ground with corners marked with monuments either found or placed; (5) show any discrepancies or conflicts in boundaries, and any visible encroachments; (6) contain the surveyor's certificate that the Survey is true and correct; and (7) show the location and size of all of the following on or immediately adjacent to the Property, if any, if recorded or visible and apparent: (a) buildings, (b) building set back lines (as shown on any recorded plat, but not as may be described in any restrictive covenants or zoning ordinances), (c) streets and roads, (d) 100 -year flood plain (approximate location), (e) improvements, (f) encroachments, (g) easements, (h) recording information of recorded easements, (i) pavements, (j) protrusions, (k) fences, (1) rights-of-way, and (m)any markers or other visible evidence of utilities. Any area of the Property within the 100 -year flood plain will be shown on the Survey as the approximate location of the 100 -year flood plain as shown on any map prepared by the Federal Emergency Management Agency or other applicable governmental authority. The surveyor is authorized to determine the area of the Property within any 100 -year flood plain as shown on any map prepared by any governmental authority, and in the absence of such a map, as otherwise reasonably determined by the surveyor. If the area within any 100 -year flood plain is to be deducted for the purpose of determining Net Land Area (defined below) then the Survey must show the area of the Property covered by the 100 -year flood plain, and that area, as reasonably determined by the surveyor, will be conclusive for purposes of this Contract, even though the surveyor may qualify that determination as approximate. After the delivery of the Survey, the legal description of the Property set forth in the Survey will be incorporated in this Contract as the legal description of the Property, and will be used in the deed and any other documents requiring a legal description of the Property. The Survey must show the gross land area of the Property, and if the Purchase Price is based upon the Net Land Area then the Survey must also show the Net Land Area, expressed in both acres and square feet. The term "Net Land Area" means the gross land area of the Property less the area within any of the following (if recorded or visible and apparent, but excluding those within set back areas) [Check all that apply]: ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 4 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE utility easements; drainage easements; access easements; rights-of-way; 100 -year flood plain; and any encroachments on the Property. B. Title Commitment. Within 20 days after the Effective Date, Seller shall deliver or cause to be delivered to Purchaser: (1) A title commitment (the "Title Commitment") covering the Property binding the Title Company to issue a Texas Owner Policy of Title Insurance (the "Title Policy") on the standard form prescribed by the Texas Department of Insurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions (defined below); and (2) the following (collectively, the "Title Documents"): (a) true and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Title Commitment; (b) a current tax certificate; (c) any written notices required by applicable statutes, including those referenced in Section 20; and (d) if the Property includes any personal property, UCC search reports pertaining to the Seller. 6. REVIEW OF SURVEY AND TITLE. A Title Review Period. Purchaserwill have 10 days (the "Title Review Period") after receipt of the last of the Survey, Title Commitment and Title Documents to review them and to deliver a written notice to Seller stating any objections Purchaser may have to them or any item disclosed by them. Purchaser's failure to object within the time provided will be a waiver of the right to object. Any item to which Purchaser does not object will be deemed a "Permitted Exception." The items set forth on Schedule C of the Title Commitment, and any other items the Title Company identifies to be released upon the Closing, will be deemed objections by Purchaser. Zoning ordinances and the lien for current taxes are deemed to be Permitted Exceptions. B. Cure Period. If Purchaser delivers any written objections to Seller within the Title Review Period, then Seller shall make a good faith attempt to cure the objections within 10 days (the "Cure Period") after receipt of the objections. However, Seller is not required to incur any cost to do so. If Seller cannot cure the objections within the Cure Period, Seller may deliver a written notice to Purchaser, before expiration of the Cure Period, stating whether Seller is committed to cure the objections at or before the Closing. If Seller does not cure the objections within the Cure Period, or does not timely deliver the notice, or does not commit in the notice to fully cure all of the objections at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur of: (1) the date that is seven days after the expiration of the Cure Period; or (2) the scheduled Closing Date. C. New Items. If any new items are disclosed by any new or updated Survey, updated Title Commitment, or any new Title Documents, that were not disclosed to Purchaser when the Survey, Title Commitment, and Title Documents were first delivered to Purchaser, then Purchaser will have 15 days to review the new items and to deliver a written notice to Seller stating any objections Purchaser may have to the ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 5 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE new items. If Purchaser timely delivers any written objections as to the new items to Seller, then Seller shall make a good faith attempt to cure the objections to the new items within 10 days (the "Additional Cure Period") after receipt of the objections as to the new items. However, Seller is not required to incur any cost to do so. If Seller does not cure the objections as to the new items within the Additional Cure Period, or does not deliver a written notice to Purchaser before the expiration of the Additional Cure Period stating whether Seller is committed to cure the objections as to the new items at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur of: (1) that date that is seven days after the expiration of the Additional Cure Period; or (2) the scheduled Closing Date. D. Return of Earnest Money or Waiver. If Purchaser properly and timely terminates this Contract, the Earnest Money will be returned to Purchaser. If Purchaser does not properly and timely terminate this Contract, then Purchaser will be deemed to have waived any uncured objections and must accept title at the Closing subject to the uncured objections and other Permitted Exceptions. Seller's failure to cure Purchaser's objections under this Section 6 does not constitute a default by Seller. 7. SELLER'S REPRESENTATIONS. A. Statements. Seller represents to Purchaser, to the best of Seller's knowledge, as follows: (1) Title. At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, easements, security interests and other encumbrances except the Permitted Exceptions. Delivery of the Title Policy pursuant to Section 15 (the Closing) will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract. However, delivery of the Title Policy will not release Seller from the warranties of title set forth in the warranty deed. (2) Leases. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers eXGept tenants under written leases delivered to P FGhaser p Fs pant to this GE)Rtralat. (3) Liens and Debts. There are no mechanic's liens, Uniform Commercial Code liens or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the Property before the Closing that will not be satisfied out of the Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not limited to, taxes, leasing commissions, salaries, contracts, and similar agreements, have been paid or will be paid before the Closing. Except for obligations for which provisions are made in this Contract for prorating at the Closing and any indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing. (4) Litigation. There is no pending or threatened litigation, condemnation, or assessment affecting Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment affecting the Property that is instituted after the Effective Date. (5) Material Defects. Seller has disclosed to Purchaser any and all known conditions of a material nature with respect to the Property which may affect the health or safety of any occupant of the Property. Except as disclosed in writing by Seller to Purchaser, the Property has no known latent structural defects or construction defects of a material nature, and none of the improvements have been constructed with materials known to be a potential health hazard to occupants of the Property. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 6 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE (6) Hazardous Materials. Except as otherwise disclosed in writing by Seller to Purchaser, the Property (including any improvements) does not contain any Hazardous Materials (defined below) other than lawful quantities properly stored in containers in compliance with applicable laws. B. Remedies. If Purchaser discovers, before the Closing, that any of Seller's representations has been misrepresented in a material respect, Purchaser may notify Seller of the misrepresentation in writing, and Seller shall attempt to correct the misrepresentation. If the misrepresentation is not corrected by Seller before the Closing, Purchaser may: (1) proceed to Closing, without waiving any claim for misrepresentation; or (2) terminate this Contract by delivering a written termination notice to Seller, in which case the Earnest Money will be returned to Purchaser. 8. OPERATION OF THE PROPERTY. After the Effective Date until the Closing Date, Seller shall: (1) operate the Property in the same manner as the Property has been operated by Seller; and (2) maintain the Property in the same condition as existed on the Effective Date, except for ordinary wear and any casualty loss. After the Effective Date, Seller shall not, without Purchaser's prior written approval: (1) further encumber the Property or allow an encumbrance upon the title to the Property, or modify the terms of any existing encumbrance, if the encumbrance would still be in effect after Closing; or (2) enter into any lease or contract affecting the Property, if the lease or contract would still be in effect after Closing. However, Seller may enter into a lease or contract with an independent third party, in the ordinary course of business, without Purchaser's consent, if Purchaser will be entitled to terminate the lease or contract after Closing, without incurring any termination charge, by delivering a termination notice 30 days in advance of the termination date. If Seller enters into any lease or contract affecting the Property after the Effective Date, then Seller shall immediately deliver a photocopy of the signed document to Purchaser. 9. NONCONFORMANCE. Purchaser has or will independently investigate and verify to Purchaser's satisfaction the extent of any limitations of uses of the Property. Purchaser acknowledges that the current use of the Property or the improvements located on the Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of any pending zoning changes or current nonconformance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose them to Purchaser. 10. INSPECTION. [Check only A or B] ❑ A. Inspection Not Necessary. Purchaser acknowledges that Purchaser has inspected the Property, including all buildings and improvements, and is thoroughly familiar with their condition. Purchaser accepts the Property in its present "AS IS" condition, with any changes caused by normal wear and tear before the Closing, but without waiving Purchaser's rights by virtue of Seller's representations and agreements expressed in this Contract. ❑ B. Inspection Desired. Purchaser desires to inspect the Property and Seller grants to Purchaser the right to inspect the Property as described below. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 7 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE (1) Inspection Period. Purchaser will have a period of 90 days afteF the E=ffeGtivo Date (the "Inspection Period") to inspect the Property and conduct studies regarding the Property. Purchaser's studies may include, without limitation: (a) permitted use and zoning of the Property; (b) core borings; (c) environmental and architectural tests and investigations; (d) physical inspections of improvements, fixtures, equipment, subsurface soils, structural members, and personal property; and (e) examination of agreements, manuals, plans, specifications and other documents relating to the construction and condition of the Property. Purchaser and Purchaser's agents, employees, consultants and contractors will have the right of reasonable entry onto the Property during normal business hours, and upon reasonable advance notice to Seller and any tenants on the Property, for purposes of inspections, studies, tests and examinations deemed necessary by Purchaser. The inspections, studies, tests and examinations will be at Purchaser's expense and risk. Purchaser may also use the Inspection Period to perform feasibility studies, obtain equity funding, seek financing, and satisfy other conditions unrelated to the condition of the Property. Purchaser shall defend and indemnify Seller against any claims that arise due to any actions by Purchaser or Purchaser's agents, employees, consultants and contractors. Purchaser's obligation to defend and indemnify Seller will survive the Closing or termination of this Contract. (2) Extension of Inspection Period. Purchaser may extend the Inspection Period for up to 30 days by delivering an additional earnest money deposit in the amount of $ None to the Title Company. The additional deposit will become part of the Earnest Money. (3) Termination. If Purchaser determines, in Purchaser's sole discretion, no matter how arbitrary, that Purchaser chooses not to purchase the Property for any reason, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the last day of the Inspection Period, in which case the Earnest Money will be returned to Purchaser. Purchaser's reason for choosing to terminate this Contract does not need to be related to the condition of the Property, and Purchaser is not required to justify Purchaser's decision to terminate this Contract. (4) Acceptance. If Purchaser does not properly and timely terminate this Contract before the expiration of the Inspection Period (or if Purchaser accepts the Property in writing) then Purchaser will be deemed to have waived all objections to the Property, except for any title objections that may be outstanding pursuant to Section 6 (Review of Survey and Title) of this Contract. In that event, except as may be expressly stated otherwise in this Contract, Purchaser accepts the Property in its current "AS IS" condition, with any changes caused by normal wear and tear before the Closing, and this Contract will continue in full force and effect. This provision does not, however, limit or invalidate any express representations and agreements Seller has made in this Contract. (5) Restoration. If the transaction described in this Contract does not close through no fault of Seller, and the condition of the Property was altered due to inspections, studies, tests or examinations performed by Purchaser or on Purchaser's behalf, then Purchaser must restore the Property to its original condition at Purchaser's expense. Purchaser's obligation to restore the Property will survive the termination of this Contract. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 8 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE C. Reports. [Check all that apply] ❑ (a) WTth+^ days after the Effell3tive Date, eller shall deliver to Purchaser a written "Phase I" report of an environmental assessment of the Property. The report will be prepared, at Seller's expense, by an environmental consultant reasonably acceptable to Purchaser. The environmental assessment must include an investigation into the existence of Hazardous Materials (as defined in Section 19.A. of this Contract) in, on or around the Property. The environmental assessment must also include a land use history search, engineering inspections, research and studies that may be necessary to discover the existence of Hazardous Materials. ❑ (b) Within 10 days after the Effective Date, Seller shall deliver to Purchaser copies of all reports in Seller's possession or control of engineering investigations, tests and environmental studies that have been made with respect to the Property within the three year period before the Effective Date. ❑ (c) If Purchaser terminates this Contract, Purchaser shall return to Seller, at Purchaser's expense and contemporaneously with the termination, the original, hard copies of any documents Seller delivered to Purchaser. Also, Purchaser shall return, destroy, or delete any other copies of such documents, electronic or otherwise, in Purchaser's possession. This provision will survive the termination of this Contract. ❑ (d) If Purchaser terminates this Contract, Purchaser shall deliver to Seller, at Purchaser's expense and contemporaneously with the termination, copies of all written reports, inspections, plats, drawings and studies that relate to the condition of the Property made by Purchaser's agents, consultants and contractors. This provision will survive the termination of this Contract. 11. DELIVERY AND REVIEW OF DOCUMENTS. A Delivery. Seller agrees to deliver to Purchaser, within 10 days after the Effective Date, complete and legible copies of the following pertaining to the Property, to the extent in Seller's possession or readily available to Seller: (1) All current leases, including all modifications, amendments, supplements and extensions thereof (including written descriptions of any oral agreements); (2) A current rent roll certified by Seller to be true, complete and accurate as of the date of delivery, including names of tenants, annual or monthly rents, expenses paid by tenants and by Seller, commencement dates, terms of leases, and renewal options; (3) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, to be sold with the Property, certified by Seller to be true and correct as of the date of delivery; (4) Any Notes, Deeds of Trust and other loan documents pertaining to loans assumed or taken subject to; ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 9 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE (5) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; (6) All warranties and guaranties; (7) All fire, hazard, liability, and other insurance policies; (8) The real estate and personal property tax statements for the previous two calendaryears; (9) All leasing and commission agreements; (10) The "as built" or other plans and specifications; (11) A statement of utility charges, repair costs and other expenses incurred by Seller for the operation and maintenance of the Property for each month for the two years preceding the Effective Date; (12) A true and correct statement of income and expenses from to ; (13) Any certificate of mold remediation that has been issued for the Property under Section 1958.154 of the Occupations Code within the preceding five years; and B. Review of Documents. Purchaser will have a period of time (the "Document Review Period") to review the information identified above, ending the later to occur of: (1) NIA rays after the Effestive-Date; or (2) the end of the Inspection Period (if any). If Purchaser objects to any information disclosed to or discovered by Purchaser, in Purchaser's sole discretion, no matter how arbitrary, Purchaser may: (i) terminate this Contract by delivery of a written notice to Seller before the expiration of the Document Review Period, in which case the Earnest Money will be returned to Purchaser and Purchaser shall return all documents Seller delivered to Purchaser; or (ii) waive the objections and close the transaction. If Purchaser does not deliver a written termination notice to Seller before expiration of the Document Review Period, then any objections as to the information provided by Seller pursuant to this Section will be deemed to be waived by Purchaser. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 10 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE 13. CASUALTY LOSS AND CONDEMNATION. A. Damage or Destruction. All risk of loss to the Property will remain upon Seller before the Closing. If the Property is damaged or destroyed by fire or other casualty to a Material Extent (defined below), then Purchaser may terminate this Contract by delivering a written termination notice to Seller within 10 days after the date the casualty occurred (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If the Property is damaged by fire or other casualty to less than a Material Extent, the parties shall proceed to the Closing as provided in this Contract. If the transaction is to proceed to the Closing, despite any damage or destruction, there will be no reduction in the Purchase Price and Seller shall either: (1) fully repair the damage before the Closing, at Seller's expense; or (2) give a credit to Purchaser at the Closing for the entire cost of repairing the Property. The term "Material Extent" means damage or destruction where the cost of repair exceeds ten percent (10%) of the Purchase Price. If the repairs cannot be completed before the Closing Date, or the cost of repairing the Property cannot be determined before the Closing Date, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than 30 days after the previously scheduled Closing Date. B. Condemnation. If condemnation proceedings are commenced before the Closing against any portion of the Property, then Seller shall immediately notify Purchaser in writing of the condemnation proceedings, and Purchaser may terminate this Contract by delivering a written notice to Seller within 10 days after Purchaser receives the notice (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If this Contract is not terminated, then any condemnation award will (a) if known on the Closing Date, belong to Seller and the Purchase Price will be reduced by the same amount, or (b) if not known on the Closing Date, belong to Purchaser and the Purchase Price will not be reduced. 14. ASSIGNMENT. [Check only one] ❑ A. Assignment Permitted. Purchaser may assign this Contract provided the assignee assumes in writing all obligations and liabilities of Purchaser under this Contract, in which event Purchaser will be relieved of any further liability under this Contract. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE ❑ B. Limited Assignment Permitted. Purchaser may assign this Contract only to a related party, defined as: (1) an entity in which Purchaser is an owner, partner or corporate officer; (2) an entity which is owned or controlled by the same person or persons that own or control Purchaser; or (3) a member or members of the immediate family of Purchaser, or a trust in which the beneficiary or beneficiaries is or are a member or members of the immediate family of Purchaser. Purchaser will remain liable under this Contract after any assignment. ❑ C. Assignment Prohibited. Purchaser may not assign this Contract without Seller's prior written consent. 15. CLOSING. A. Closing Date. The closing of the transaction described in this Contract (the "Closing") will be held at the offices of the Title Company at its address stated below, on the date (the "Closing Date") that is .. Date;days E-1-1-19tive ...I. However, if any objections that were timely made by Purchaser in writing pursuant to Section 6 (Review of Survey and Title) have not been cured, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty 30 days after the previously scheduled Closing Date. B. Seller's Closing Obligations. At the Closing, Seller shall deliver to Purchaser, at Seller's expense: (1) A duly executed [check only one] ❑ General Warranty Deed ❑ Special Warranty Deed (with vendor's lien retained if financing is given by Seller or obtained from a third party) conveying the Property in fee simple according to the legal description prepared by the surveyor as shown on the Survey, subject only to the Permitted Exceptions; (2) An updated Title Commitment committing the underwriter for the Title Company to issue promptly after the Closing, at Seller's expense, the Title Policy pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase Price, dated as of the date of theClosing, and (at an additional premium cost) [check only one if applicable] ❑ with the survey exception modified at Seller's expense to read "any shortages in area," or ❑ with the survey exception modified at Purchaser's expense to read "any shortages in area;" (3) A Bill of Sale conveying the personal property described in this Contract, free and clear of liens, security interests, and encumbrances, subject only to the Permitted Exceptions (to the extent applicable); (4) Possession of the Property, subject to valid existing leases disclosed by Seller to Purchaser and other applicable Permitted Exceptions; (5) An executed assignment of all leases, if there are any leases affecting the Property; ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 12 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE (6) A current rent roll certified by Seller to be complete and accurate, if there are any leases affecting the Property; (7) Evidence of Seller's authority and capacity to close this transaction; and (8) All other documents reasonably required by the Title Company to close this transaction. C. Purchaser's Closing Obligations. At the Closing, Purchaser shall deliver to Seller, at Purchaser's expense: (1) The cash portion of the Purchase Price (with the Earnest Money being applied to the Purchase Price); (2) The Note and the Deed of Trust, if Addendum B-2, SELLER FINANCING, is attached; (3) An Assumption Agreement in recordable form agreeing to pay all commissions payable under any lease affecting the Property; (4) Evidence of Purchaser's authority and capacity to close this transaction; and (5) All other documents reasonably required by the Title Company to close this transaction. D. Closing Costs. Each party shall pay its share of the closing costs which are customarily paid by a seller or purchaser in a transaction of this character in the county where the Property is located, or as otherwise agreed. E. Prorations. Rents (including any additional rental or reimbursement amounts to be reconciled), lease commissions, interest on any assumed loan, insurance premiums on any transferred insurance policies, maintenance expenses, operating expenses, standby fees, and ad valorem taxes for the year of the Closing will be prorated at the Closing effective as of the date of the Closing (with the Purchaser being considered the owner of the Property for the entire day of the Closing). Seller shall give a credit to Purchaser at the Closing in the aggregate amount of any security deposits deposited by tenants under leases affecting the Property. If the Closing occurs before the tax rate is fixed for the year of the Closing, the apportionment of the taxes will be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference between actual and estimated taxes for the year of the Closing actually paid by Purchaser will be adjusted equitably between the parties upon receipt of a written statement of the actual amount of the taxes. This provision will survive the Closing. F. Rollback Taxes. If any Rollback Taxes are due before the Closing due to a change in use of the Property by Seller or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxes (including any interest and penalties) at or before the Closing. If this sale or a change in use of the Property or denial of any special use valuation of the Property after the Closing would result in the assessment after the Closing of additional taxes and interest applicable to the period of time before the Closing ("Rollback Taxes"), then: (1) Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed, without receiving any credit from Seller; unless (2) this box n is checked, in which case Seller shall give a credit to Purchaser at the Closing for the amount of the Rollback Taxes (including interest and penalties) that may be assessed after the Closing as reasonably estimated by the Title Company, and Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed after the Closing. If Seller gives a credit to Purchaser for the ©Copyright 2015 NTCAR - Form No. 1 (1112015) Page 13 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com DELETE estimated amount of Rollback Taxes, and the actual Rollback Taxes assessed after the Closing are different from the estimate used at the Closing, then there will be no subsequent adjustment between Seller and Purchaser. G. Loan Assumption. If Purchaser assumes, or takes the Property subject to, an existing loan secured by the Property, then, at the Closing, in addition to the proration of interest on the loan, Purchaser shall pay: (1) to the lender, any assumption or transfer fee charged by the lender; (2) to the lender, reasonable attorney's fees charged by the lenders' attorney; and (3) to Seller, a sum equal to the amount of any reserve accounts held by the lender for the payment of taxes, insurance and any other expenses applicable to the Property for which reserve accounts are held by the lender, and Seller shall transfer the reserve accounts to Purchaser. Purchaser shall execute, at the option and expense of Seller, a Deed of Trust to Secure Assumption with a trustee named by Seller. If consent to the assumption is required by the lender, Seller shall obtain the lender's consent in writing and deliver the consent to Purchaser at the Closing. If Seller does not obtain the lender's written consent (if required) and deliver it to Purchaser at or before the Closing, Purchaser may terminate this Contract by delivering a written termination notice to Seller, and the Earnest Money will be returned to Purchaser. H. Foreign Person Notification. If Seller is a Foreign Person, as defined by the Internal Revenue Code, or if Seller fails to deliver to Purchaser a non -foreign affidavit pursuant to §1445 of the Internal Revenue Code, then Purchaser may withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms. A non -foreign affidavit from Seller must include: (1) a statement that Seller is not a foreign person; (2) the U.S. taxpayer identification number of Seller; and (3) any other information required by §1445 of the Internal Revenue Code. 16. DEFAULT. A. Purchaser's Remedies. If Seller defaults or fails to close this Contract for any reason except Purchaser's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser may elect to either: (1) enforce specific performance of this Contract (require Seller to sell the Property to Purchaser pursuant to this Contract); or (2) terminate this Contract by delivering a written notice to Seller. If Purchaser elects to terminate this Contract due to Seller's default, then Purchaser will be deemed to have waived the remedy of specific performance and any other remedies available to Purchaser (except for reimbursement for Purchaser's actual expenses as provided in the next paragraph) and the Earnest Money will be returned to Purchaser. :��ma�:zrr_r�ess:��:r.� MINOR ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com DELETE B. Seller's Remedies. If Purchaser fails to close this Contract for any reason except Seller's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser will be in default and Seller may terminate this Contract and receive the Earnest Money as liquidated damages for Purchaser's breach of this Contract, thereby releasing Purchaser from this Contract. If Seller terminates this Contract due to Purchaser's default, then the Earnest Money will be paid to Seller. The right to receive the Earnest Money will be Seller's sole and exclusive remedy for Purchaser's default 17. AGENCY DISCLOSURE. A. Agency Relationships. The term "Brokers" refers to the Principal Broker and the Cooperating Broker, if applicable, as set forth on the signature page. Each Broker has duties only to the party the Broker represents as identified below. If either Broker is acting as an intermediary, then that Broker will have only the duties of an intermediary, and the intermediary disclosure and consent provisions apply as set forth below. [Each broker check only one] (1) The Principal Broker is: ❑ agent for Seller only; or agent for Purchaser only; or ❑ an intermediary. (2) The Cooperating Broker is: ❑ agent for Seller only; or ® agent for Purchaser only; or ❑ an intermediary. B. Other Brokers. Seller and Purchaser each represent to the other that they have had no dealings with any person, firm, agent or finder in connection with the negotiation of this Contract or the consummation of the purchase and sale contemplated by this Contract, other than the Brokers named in this Contract, and no real estate broker, agent, attorney, person, firm or entity, other than the Brokers, is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of the representing party. Each party agrees to indemnify, defend, and hold the other party harmless from and against any costs, expenses or liability for any compensation, commission, fee, or charges that may be claimed by any agent, finder or other similar party, other than the Brokers, by reason of any dealings or acts of the indemnifying party. C. Fee Sharing. Seller and Purchaser agree that the Brokers may share the Fee (defined below) among themselves, their sales associates, and any other licensed brokers involved in the sale of the Property. The parties authorize the Title Company to pay the Fee directly to the Principal Broker and, if applicable, the Cooperating Broker, in accordance with Section 18 (Professional Service Fee) or any other agreement pertaining to the Fee. Payment of the Fee will not alter the fiduciary relationships between the parties and the Brokers. D. Intermediary Relationship. If either of the Brokers has indicated in Section W.A. (Agency Relationships) or otherwise that the Broker is acting as an intermediary in this transaction, then Purchaser and Seller hereby consent to the intermediary relationship, authorize such Broker or Brokers to act as an ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE intermediary in this transaction, and acknowledge that the source of any expected compensation to the Brokers will be Seller, and the Brokers may also be paid a fee by Purchaser. A broker, and any broker or salesperson appointed to communicate with and carry out instructions of one party, who acts as an intermediary is required to act fairly and impartially, and may not: (1) disclose to the buyer that the seller will accept a price less than the asking price, unless instructed in a separate writing by the seller; (2) disclose to the seller that the buyer will pay a price greater than the price submitted in a written offer to the seller, unless otherwise instructed in a separate writing by thebuyer; (3) disclose any confidential information or any information that a party specifically instructs the broker or salesperson in writing not to disclose, unless: (a) the broker or salesperson is otherwise instructed in a separate writing by the respective party; (b) the broker or salesperson is required to disclose the information by the Texas Real Estate License Act or a court order; or (c) the information materially relates to the condition of the Property; (4) treat a party to a transaction dishonestly; or (5) violate the Texas Real Estate License Act. Broker is authorized to appoint, by providing written notice to the parties, a license holder associated with Broker to communicate with and carry out instructions of one party, and another license holder associated with Broker to communicate with and carry out instructions of the other party. An appointed license holder may provide opinions and advice during negotiations to the party to whom the license holder is appointed. 18. PROFESSIONAL SERVICE FEE. A Payment of Fee. Seller agrees to pay the Brokers a professional service fee (the "Fee") for procuring the Purchaser and for assisting in the negotiation of this Contract asfollows: Six percent to be split evenly between the Principal and Cooperating brokers. t,. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 16 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE B. Consent Required. Purchaser, Seller and Title Company agree that the Brokers are third party beneficiaries of this Contract with respect to the Fee, and that no change may be made by Purchaser, Seller or Title Company as to the time of payment, amount of payment or the conditions for payment of the Fee without the written consent of the Brokers. 19. MISCELLANEOUS PROVISIONS. A Definition of Hazardous Materials. "Hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as defined in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other Federal, State or local environmental law, ordinance, rule, or regulation, whether existing as of the Effective Date or subsequently enacted. B. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be deemed delivered on the earlier of: (1) actual receipt, if delivered in person or by courier, with evidence of delivery; (2) receipt of an electronic facsimile ("Fax") transmission with confirmation of delivery to the Fax numbers specified in this Contract, if any; or (3) upon deposit with the United States Postal Service, certified mail, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth in this Contract. Any party may change its address for notice purposes by delivering written notice of its new address to all other parties in the manner set forth above. Copies of all written notices should also be delivered to the Brokers and to the Title Company, but failure to notify the Brokers or the Title Company will not cause an otherwise properly delivered notice to be ineffective. ❑ 1. Seller also consents to receive any notices by email. ❑ 2. Purchaser also consents to receive any notices by email. C. Termination. If this Contract is terminated for any reason, the parties will have no further rights or obligations under this Contract, except that: (1) Purchaser shall pay the costs to repair any damage to the Property caused by Purchaser or Purchaser's agents; and (2) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly survive the termination of this Contract. The obligations of this Section 19.C. will survive the termination of this Contract. The terms of any mutual termination agreement will supersede and control over the provisions of this Section 19.C. to the extent of any conflict. D. Forms. In case of a dispute as to the form of any document required under this Contract, the most recent form prepared by the State Bar of Texas will be used, modified as necessary to conform to the terms of this Contract. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 17 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE E. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Contract, or brought relating to the transaction contemplated by this Contract, will be entitled to recover, from the non - prevailing party, court costs, reasonable attorneys' fees and all other reasonable related expenses. F. Integration. This Contract contains the complete agreement between the parties with respect to the Property and cannot be varied except by written agreement. The parties agree that there are no oral agreements, understandings, representations or warranties made by the parties that are not expressly set forth in this Contract. Any prior written agreements, understandings, representations or warranties between the parties will be deemed merged into and superceded by this Contract, unless it is clear from the written document that the intent of the parties is for the previous written agreement, understanding, representation or warranty to survive the execution of this Contract. G. Survival. Any representation or covenant contained in this Contract not otherwise discharged at the Closing will survive the Closing. H. Binding Effect. This Contract will inure to the benefit of, and will be binding upon, the parties to this Contract and their respective heirs, legal representatives, successors and assigns. 1. Time for Performance. Time is of the essence under each provision of this Contract. Strict compliance with the times for performance is required. J. Business Day. If any date of performance under this Contract falls on a Saturday, Sunday or Texas legal holiday, such date of performance will be deferred to the next day that is not a Saturday, Sunday or Texas legal holiday. K. Right of Entry. After reasonable advance notice and during normal business hours, Purchaser, Purchaser's representatives and the Brokers have the right to enter upon the Property before the Closing for purposes of viewing, inspecting and conducting studies of the Property, so long as they do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause damage to the Property. L. Governing Law. This Contract will be construed under and governed by the laws of the State of Texas, and unless otherwise provided in this Contract, all obligations of the parties created under this Contract are to be performed in the county where the Property is located. M. Severability. If any provision of this Contract is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any other provisions, and this Contract will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Contract. N. Broker Disclaimer. The Brokers will disclose to Purchaser any material factual knowledge the Brokers may possess about the condition of the Property. Purchaser understands that a real estate broker is not an expert in matters of law, tax, financing, surveying, hazardous materials, engineering, construction, safety, zoning, land planning, architecture, or the Americans with Disabilities Act. Purchaser should seek expert assistance on such matters. The Brokers do not investigate a property's compliance with building codes, governmental ordinances, statutes and laws that relate to the use or condition of the Property or its construction, or that relate to its acquisition. Purchaser is not relying upon any representations of the Brokers concerning permitted uses of the Property or with respect to any nonconformance of the Property. If the Brokers provide names of consultants or sources for advice or assistance, the Brokers do not warrant the services of the advisors or their products. The Brokers cannot warrant the suitability of property to be acquired. Purchaser acknowledges that current and future federal, state and local laws and regulations may ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 18 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE require any Hazardous Materials to be removed at the expense of those persons who may have had or continue to have any interest in the Property. The expense of such removal may be substantial. Purchaser agrees to look solely to experts and professionals selected or approved by Purchaser to advise Purchaser with respect to the condition of the Property and will not hold the Brokers responsible for any condition relating to the Property. The Brokers do not warrant that Seller will disclose any or all property defects or other matters pertaining to the Property or its condition. Seller and Purchaser agree to hold the Brokers harmless from any damages, claims, costs and expenses including, but not limited to, reasonable attorneys' fees and court costs, resulting from or related to any person furnishing any false, incorrect or inaccurate information with respect to the Property, Seller's concealing any material information with respect to the condition of the Property, or matters that should be analyzed by experts. To the extent permitted by applicable law, the Brokers' liability for errors or omissions, negligence, or otherwise, is limited to the return of the Fee, if any, paid to the responsible Broker pursuant to this Contract. The parties agree that they are not relying upon any oral statements that the Brokers may have made. Purchaser is relying solely upon Purchaser's own investigations and the representations of Seller, if any, and Purchaser acknowledges that the Brokers have not made any warranty or representation with respect to the condition of the Property or otherwise. O. Counterparts. This Contract may be executed in a number of identical counterparts, and all counterparts will be construed together as one agreement. Any signed counterpart transmitted by Fax or email has the same effect as an original. P. Patriot Act Representation. Seller and Purchaser each represent to the other that: (1) its property interests are not blocked by Executive Order No. 13224, 66 Fed. Reg. 49079; (2) it is not a person listed on the Specially Designated Nationals and Blocked Persons list of the Office of Foreign Assets Control of the United States Department of the Treasury; and (3) it is not acting for or on behalf of any person on that list. a Exchange. Seller and Purchaser shall cooperate with each other in connection with any tax deferred exchange that either party may be initiating or completing in connection with Section 1031 of the Internal Revenue Code, so long as neither party will be required to pay any expenses related to the other party's exchange and the Closing is not delayed. Notwithstanding any other provision that may prohibit the assignment of this Contract, either party may assign this Contract to a qualified intermediary or exchange accommodation title holder, if the assignment is required in connection with the exchange. The parties agree to cooperate with each other, and sign any reasonable documentation that may be required, to effectuate any such exchange. 20. STATUTORY NOTICES. A. Abstract or Title Policy. At the time of the execution of this Contract, Purchaser acknowledges that the Brokers have advised and hereby advise Purchaser, by this writing, that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with or obtain a policy of title insurance. B. Notice Regarding Unimproved Property Located in a Certificated Service Area. If the Property is unimproved and is located in a certificated service area of a utility service, then Seller shall give to Purchaser a written notice in compliance with §13.257 of the Texas Water Code, and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the correct name of utility service provider authorized by law to provide water or sewer service to the Property, and must comply with all other applicable requirements of the Texas Water Code. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 19 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE C. Special Assessment Districts. If the Property is situated within a utility district or flood control district subject to the provisions of §49.452 of the Texas Water Code, then Seller shall give to Purchaser the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness and the authorized indebtedness of the district, and must comply with all other applicable requirements of the Texas Water Code. D. Property Owners' Association. If the Property is subject to mandatory membership in a property owners' association, Seller shall notify Purchaser of the current annual budget of the property owners' association, and the current authorized fees, dues and/or assessments relating to the Property. In addition, Seller shall give to Purchaser the written notice required under §5.012 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the notice in writing. Also, Seller shall give to Purchaser the resale certificate required under Chapter 207 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the resale certificate in writing. E. Notice Regarding Possible Annexation. If the Property that is the subject of this Contract is located outside the limits of a municipality, the Property may now or later be included in the extraterritorial jurisdiction of the municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. F. Notice Regarding Coastal Area Property. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, then Seller shall give to Purchaser a written notice regarding coastal area property, in compliance with §33.135 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. G. Gulf Intracoastal Waterway Notice. If the Property is located seaward of the Gulf Intracoastal Waterway, then Seller shall give to Purchaser a written notice regarding the seaward location of the Property, in compliance with §61.025 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. H. Notice for Property Located in an Agricultural Development District. If the Property is located in an agricultural development district, then in accordance with §60.063 of the Texas Agricultural Code: (1) Seller shall give to Purchaser a written notice that the Property is located in such a district; (2) Purchaser agrees to acknowledge receipt of the notice in writing; and (3) at the Closing, a separate copy of the notice with current information about the district will be executed by Seller and Purchaser and recorded in the deed records of the county in which the Property is located. 1. Certificate of Mold Remediation. If a certificate of mold remediation has been issued for the Property under Section 1958.154 of the Occupations Code within the preceding five years, Seller is required to provide a copy of the certificate to Purchaser. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 20 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE J. Notice of Water Level Fluctuations. If the Property adjoins a lake, reservoir, or other impoundment of water that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, then the following notice applies: NOTICE OF WATER LEVEL FLUCTUATIONS: The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions. K. Disclosure of Dual Capacity as Broker and Principal. [Complete if applicable] is a licensed Texas real estate agent and is acting in a dual capacity as broker for the Purchaser and as a principal in this transaction, as he or she may be the Purchaser (or one of the owners of the Purchaser after any assignment of this Contract). is a licensed Texas real estate agent and is acting in a dual capacity as broker for the Seller and as a principal in this transaction, as he or she may be the Seller (or one of the owners of the Seller). 21. DISPUTE RESOLUTION. A. Mediation. If any dispute (the "Dispute") arises between any of the parties to this Contract including, but not limited to, payment of the Fee, then any party (including any Broker) may give written notice to the other parties requiring all involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances where a party reasonably believes that an applicable statute of limitations period is about to expire, or a party requires injunctive or equitable relief, the parties are obligated to use this mediation procedure before initiating arbitration or any other action. Within seven days after receipt of the mediation notice, each party must deliver a written designation to all other parties stating the names of one or more individuals with authority to resolve the Dispute on such party's behalf. Within 14 days after receipt of the mediation notice, the parties shall make a good faith effort to select a qualified mediator to mediate the Dispute. If the parties are unable to timely agree upon a mutually acceptable mediator, any party may request any state or federal judge to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation that is no later than 30 days after the date the mediator is selected. In the mediation, each party must be represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The mediation will be governed by applicable provisions of Chapter 154 of the Texas Civil Practice and Remedies Code, and such other rules as the mediator may prescribe. The fees and expenses of the mediator will be shared equally by all parties included in the Dispute. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 21 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com DELETE 22. CONSULT AN ATTORNEY. This Contract is a legal advice. The parties to this Contract acknowledge reviewed by legal counsel before signing this Contract. Purchaser's attorney: Allen,Name: Aaron C. Lee Law F Address: 1333 W. McDermott Drive, STE 110 ,. 75013 Phone: 469-519-7814 i- it � b i 4+ J aaron(cDacleelawcom legally binding agreement. The Brokers cannot give that they have been advised to have this Contract Seller's attorney: Name: Chris Zillmer, Abernathy, Roeder, Boyd & Hullett, P.C. Address: 1700 Redbud_Blvd. Suite 300 McKinney, Texas 75069 214-544-4044 a."" i' 23. EXHIBITS AND ADDENDA. All Exhibits and Addenda attached to this Contract are incorporated herein by reference and made a part of this Contract for all purposes [check all thatapply]: X Exhibit "A" Legal Description X Exhibit "B" Site Plan Exhibit "C" Information About Brokerage Services Exhibit "D" 24. CONTRACT AS OFFER. The execution of this Contract by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a fully executed copy to the first party by the earlier of this date Au iust3 2019 or the date that is 10 days after the date this Contract is executed by the first party, then that offer will be deemed to have been automatically withdrawn, in which case the Earnest Money, if any, will be returned to Purchaser. Any acceptance of an offer that has been withdrawn will be effective only if the party that withdrew the offer subsequently agrees to the acceptance either in writing or by course of conduct. 25. ADDITIONAL PROVISIONS. [Additional provisions may be set forth below or on any attached Addendum]. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 22 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE Addendum A Schedule of Personal Property x Addendum B-1 Third Party Financing Addendum B-2 Seller Financing Addendum B-3 Existing Loan Addendum C Disclosure Notice Addendum D Lead Based Paint Addendum E Additional Provisions Addendum F 24. CONTRACT AS OFFER. The execution of this Contract by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a fully executed copy to the first party by the earlier of this date Au iust3 2019 or the date that is 10 days after the date this Contract is executed by the first party, then that offer will be deemed to have been automatically withdrawn, in which case the Earnest Money, if any, will be returned to Purchaser. Any acceptance of an offer that has been withdrawn will be effective only if the party that withdrew the offer subsequently agrees to the acceptance either in writing or by course of conduct. 25. ADDITIONAL PROVISIONS. [Additional provisions may be set forth below or on any attached Addendum]. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 22 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE This Contract is executed to be effective as of the date the Title Company acknowledges receipt of this fully executed Contract as indicated by the signature block for the Title Company (the Effective Date). SELLER: By: (Signature) Name: Chris Hoisted PURCHASER: J III J� 0 IIIIII Jill I Jill 1 a• By: (Signature) Name: Todd Kniqht Title: Cit Manager Title: Date of Execution: Date of Execution: By: (Signature) Name: By: (Signature) Name: Title: Title: Date of Execution: PRINCIPAL BROKER: By: (Signature) Name: Brian Waxier Date of Execution: COOPERATING BROKER: By: (Signature) Name: .. Roger Smeltzer, Jr. Title: Agent Title: Broker Address: 5950 Berkshire Lane STE 700 Address: 1340 S. Main Street, STE 305 Dallas, Texas 75225 Grapevine, Texas 76051 F510904-105��' I �# Fax: Email: TREC License No.: 594592 ©Copyright 2015 NTCAR - Form No. I (11/2015) 7510903013�* #�-* Fax: Email: rocier(a)visioncommercial.com TREC License No.: 9000294 Page 23 Produced with ziplForni by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE TITLE COMPANY RECEIPT: The Title Company acknowledges receipt of this Contract on (the Effective Date). Upon receipt of the Earnest Money, the Title Company accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: By: (Signature) Name: Title: Address: Phone: Fax: Email: PERMISSION TO USE: This form is provided for use by members of the North Texas Commercial Association of Realtors®, Inc. ("NTCAR'), members of the North Texas Commercial Association of Real Estate Professionals, Inc., and other licensed users of an NTCAR electronic forms system. Permission is given to make limited copies of the current version of this form for use in a particular Texas real estate transaction. Please contact the NTCAR office to confirm you are using the current version of this form. Mass production, or reproduction for resale, is not allowed without express permission. Any changes to this form must be made in a manner that is obvious. If any words are deleted, they must be left in the form with a line drawn through them. If changes are made that are not obvious, the person who made the change could be subject to a claim of fraud or misrepresentation for passing off an altered form as if it were the genuine NTCAR form. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 24 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziiDLoaix.com DELETE Vision Commercial Real Estate NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® ADDENDUM B-1 TO COMMERCIAL CONTRACT OF SALE THIRD PARTY FINANCING Propertyaddress • •- • • 04or'u-- described in Constable's Deed recorded in real estate records of Collin ,,20151207001523850 1. THIRD PARTY FINANCING. [Choose one]: ❑ This Contract is subject to Purchaser obtaining approval from a third party lender of financing in the amount of $ payable in monthly installments based on an amortization of not less than years, with a payment term of not less than years, and with the initial interest rate notto exceed % per annum for the first years of the loan. ❑ This Contract is subject to Purchaser obtaining approval from a third party lender of financing upon terms acceptable to Purchaser. 2. APPLICATION. Purchaser shall apply for the desired third party financing approval within seven days after the Effective Date and shall use reasonable efforts to obtain the financing approval. 3. FINANCING CONTINGENCY. the date that is ys (the "Financ;ing Centingenc;y Period") after the E:#eEtive-Dat�Purchaser may terminate this Contract by delivering a written notice to Seller within five days after the end of the Financing Contingency Period (but in any event before the Closing). Purchaser shall deliver a written notice to Seller confirming Purchaser has obtained the financing approval promptly after Purchaser receives the approval. If Seller does not receive that notice on or before the date that is two business days after the end of the Financing Contingency Period, then Seller may terminate this Contract by delivering a written notice to Purchaser at any time thereafter until Seller receives that notice (but in any event before the Closing). If either party terminates this Contract pursuant to this Section, the Earnest Money will be returned to Purchaser. ©Copyright 2015 NTCAR - Form No.1 (11/2015) ADDENDUM B-1 Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Fax: 8177044621 DELETE Roger Smeltver Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Vision Commercial Real Estate NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® EXHIBIT "A" TO COMMERCIAL CONTRACT OF SALE LEGAL DESCRIPTION Property address ordescription: 20151207001523850 (r. PG 911) Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Fax: 8177044621 DELETE Roger Smeltver Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com ADDENDUM TO COMMERCIAL CONTRACT OF SALE (THE "CONTRACT) by and between City of Wylie, Texas, a Texas municipality ("Seller") and Mulligan Foods RE 2, LLC and/or Assignees ("Purchaser") for sale and purchase of the southern -most 1.60459 acres of a certain unimproved property described in Constable's Deed recorded in the Official Public Records of Collin County, Texas under CC# 20151207001523850 (Vol. 952, Pg 911) (the "Property The provisions of this Addendum modify and amend the Contract and all other addenda to which this Addendum is attached. In the event of conflict between the terms and conditions of the Contract and of all other addenda attached thereto and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall govern and control. The defined terms used herein, not otherwise defined in this Addendum, shall have the meaning ascribed to them in the Contract. 1. Any reference made to days or number of days in the Contract and this Addendum shall mean calendar days unless otherwise expressly defined or specified therein. 2. Any reference made to `this Contract', `the Contract', `Contract' or any other form of the word Contract herein shall mean the Contract, together with all other addenda and this Addendum. 3. That certain 4.67 acres unimproved tract described in Constable's Deed recorded in the Official Public Records of Collin County, Texas under CC# 20151207001523850 (Vol. 952, Pg. 911) is referred to herein as the "Parent Tract." 4. Section 4.0 of the Contract is hereby amended by adding the following sentence at the end of the first paragraph of Section 4.C; "Purchaser shall deliver to the Title Company the Earnest Money required under this Section 4.0 within ten (1.0) days after the Effective Date." 5. Section 5.A of the Contract is hereby amended by adding the following paragraph in place of the first section crossed out on the Contract; "Within 30 days after the Effective Date, Seller shall deliver to Purchaser and to the Title Company a new survey of the Property prepared at Seller's sole expense in a form in strict compliance with the requirements listed in this Section 5.A and to the satisfaction of Purchaser and the Title Company." 6. Section 10.13(1) of the Contract is hereby amended by deleting the phrase "after the Effective Date" at the end of the first sentence and replacing the deleted phrase with the following phrase; Addendum to Commercial Contract of Sale Pg. 1 Last Update: 11/7/2019 3:07 PM "after the date on which Purchaser receives the last of Seller's documents required under Section 5 of the Contract." 7. Section 10.13(2) of the Contract is hereby amended by adding the following sentence to the end of this Section; "Upon Purchaser's exercise of its right to extend the Inspection Period in accordance with this Section 10.13(2), as amended, the Earnest Money shall become non-refundable to Purchaser unless the Contract is terminated by a default by Seller." 8. Section 10.C(a) of the Contract is hereby amended by adding the following paragraphs to the end of this Section; "Seller shall deliver to Purchaser the "Phasel" report within 30 days after the Effective Date. If the results found in the "Phase 1" report determines that a written "Phase 2" report is necessary, then Seller shall, at Seller's sole expense, cause a written "Phase 2" report to be prepared by an environmental consultant reasonably acceptable to Purchaser and deliver the same to Purchaser within 20 days after the date on which Purchase notifies Seller in writing of such determination." "Purchaser hereby acknowledges that Seller, as the responsible party, is currently undergoing a voluntary cleanup program through the Texas Commission on Environmental Quality ("TCEQ"), TCEQ Voluntary Cleanup Program ID Number 2964 (the "VCP"), for the remediation of the prior contamination at the Property. Within ten (10) days after the Effective Date, Seller shall deliver to Purchaser all correspondences and documents Seller has in its possession related to the VCP. Further, Seller shall deliver a final VCP certificate of completion issued by TCEQ (the "VCP Certificate") within thirty (30) days after the expiration of the Inspection Period. The VCP Certificate shall meet the requirements of Purchaser's lender. Seller's failure to timely deliver all Seller's reports and documents, including the VCP Certificate, required under this Section 10.C(a), as amended, shall constitute a default by Seller." 9. The Closing under Section 1.5.A of the Contract shall be held no later than the 30`h day after the occurrence of the last of the following events; a. the expiration of the Inspection Period; b. Purchaser's replat of the Property separating the Property from the Parent Tract and the recordation of the same in the Official Public Records of Collin County, Texas (the "Replat"); C. Seller's issuance of a street address for the Property; Addendum to Commercial Contract of Sale Pg. 2 Last Update: 11/7/2019 3:07 PM d. Purchaser's receipt of the approval by the City of Wylie of either a special use permit or an appropriate zoning change, if such approval is necessary for the purposes of Purchaser's intended use of the Property; and e. Seller's delivery to Purchaser of the VCP Certificate. 10. Section 1.6.A of the Contract is hereby amended by adding the following sentence to the end of the section; "The foregoing will be Purchaser's sole and exclusive remedies for Seller's default." 11. Notwithstanding any provisions to the contrary in the Contract, any subsequent amendment(s) to the Contract, or any addenda to the Contract, in the event Seller fails to deliver the items listed under the preceding Section 8 hereinabove on or before February 15, 2020, such failure shall constitute a default by Seller and Purchaser shall be released from Purchaser's obligation to close the transaction contemplated in the Contract and shall receive the Earnest Money, together with any other damages or compensations allowed to Purchaser under the Contract, and the Contract shall immediately terminate and be of no further force or effect without any further liability or obligation to the other, except as otherwise expressly provided herein. 12. Section 18.A of the Contract is hereby amended by deleting it in its entirety and replacing it with the following; "The Fee will be earned upon the successful closing and funding of the transaction described in this Contract. Each party represents and warrants to the other that except for the entities and/or individuals identified on page 23 of the Contract, no brokers or finders have been engaged by it in connection with the transaction contemplated by this Contract, or, to its knowledge, is in any way connected with any such transaction. In the event of any claim for Brokers' or finders' fees or commissions in connection with the negotiation, execution, or consummation of this Contract, then each party, to the extent permitted by law, will indemnify, hold harmless, and defend the other party from and against any such claim based on any statement, representation, or agreement made by or allegedly made by the party. This indemnity expressly will survive the Closing or termination of this Contract." 1.3. Notwithstanding any provisions to the contrary in the Contract, any subsequent amendment(s) to the Contract, or any addenda to the Contract, Purchaser shall not be responsible for or held liable for the Professional Service Fee, either in whole or part, under Section 18 of the Contract. Addendum to Commercial Contract of Sale Pg. 3 Last Update: 11/7/2019 3:07 PM 14. The "Financing Contingency Period" under Section 3 of Addendum B-1 to the Contract "Third Party Financing" shall expire on the 15th day after the date on which Seller delivers the VCP Certificate to Purchaser. 15. Seller and Purchaser hereby agree to share the cost of the construction of an access road, in equal share, along the northern boundary line of the Property. Seller (or Purchaser) shall be responsible for the construction of the road. The Parties agree to use their commercially reasonable efforts to negotiate and execute an acceptable form of a construction agreement for the road prior the expiration of the Inspection Period. 16. Purchaser shall, at its sole expense, install a vapor barrier during its construction of a 10,000 square foot multi -tenant commercial structure (the "Shopping Center"). Seller shall reimburse Purchaser its actual cost of the installation of the vapor barrier upon the issuance of the certificate of occupancy for the Shopping Center. The Parties agree to use their commercially reasonable efforts to negotiate and execute an acceptable form of an escrow agreement prior the expiration of the Inspection Period for Seller's deposit of $50,000.00 at the Closing. 17. The Parties agree to cooperate in good faith to satisfy all requirements prescribed under the Texas Local Government Code (the "Code") pertaining to the sale of a real property at a `below-market' price and/or an economic development program agreement under chapter 380 of the Code. 18. Purchaser will deliver its current building elevations for the Property to Seller prior to expiration of the Inspection Period for review and approval by Seller. The City's right to approve the building elevations and materials for the Property will be included in the deed to be delivered to Purchaser at Closing as deed restrictions. The parties agree that upon completion of construction of the applicable improvements in accordance with the approved building elevations and materials, the City shall execute and record an instrument releasing the Property from the deed restrictions. 19. Purchaser shall complete and file the Replat, at Purchaser's expense, within one hundred eighty (180) days from the Effective Date of the Contract. Seller hereby covenants that it will cooperate in good faith, with due diligence as necessary, to assist Purchaser's efforts to complete and file the Replat. Seller shall reimburse Purchase the full actual expenses Purchaser incurred in completing and filing the Replat, up to but not to exceed $5,000.00. 20. Neither Seller nor any of its council members (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order No. 13224, 66 Fed. Addendum to Commercial Contract of Sale Pg. 4 Last Update: 11/7/2019 3:07 PM Reg. 49079 (September 25, 2001) (the "Order"); (ii) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the "Orders"); (iii) is engaged in activities prohibited in the Orders; or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering. 21. Neither Purchaser nor any of its members, partners, shareholders, or stockholders (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC pursuant to the Order; (ii) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Orders; (iii) is engaged in activities prohibited in the Orders; or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering. 22. Pursuant to the requirements of Texas Government Code Chapter 2270, Purchaser verifies that it does not boycott Israel, and it will not boycott Israel during the term of the Contract. 23. The following AS -IS provision is hereby incorporated into the Contract and shall also be included in the deed to be delivered to Purchaser at Closing: AS 1S. IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS THE CONTRACT AND THIS ADDENDUM TO THE CONTRACT, AND EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THE DEED, (A) THE PROPERTY IS SOLD BY SELLER AND PURCHASED AND ACCEPTED BY PURCHASER ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS" BASIS, SUBJECT TO ANY CONDITION WHICH MAY EXIST, AND WITHOUT THE EXISTENCE OF AND WITHOUT RELIANCE UPON ANY REPRESENTATION, WARRANTY, AGREEMENT, OR STATEMENT BY SELLER, OR ANYONE ACTING ON BEHALF OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY BROKER, ENGINEER, ARCHITECT, ATTORNEY, SURVEYOR, APPRAISER, OR ENVIRONMENTAL CONSULTANT; (B) PURCHASER HAS OR WILL HAVE, PRIOR TO THE CLOSING, THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER TO EVALUATE THE PURCHASE OF THE PROPERTY ON THE FOREGOING BASIS; (C) PURCHASER IS RELYING SOLELY UPON SUCH INSPECTIONS, EXAMINATION, AND EVALUATION OF THE PROPERTY BY PURCHASER IN PURCHASING THE Addendum to Commercial Contract of Sale Pg. 5 Last Update: 11/7/2019 3:07 PM PROPERTY ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTY, AGREEMENT OR STATEMENT BY SELLER OR ANYONE ACTING ON BEHALF OF SELLER, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, OTHER THAN THE WARRANTY OF TITLE CONTAINED IN THE DEED; AND (D) PURCHASER HEREBY ASSUMES THE RISK THAT ENVIRONMENTAL CONDITIONS (AS DEFINED HEREIN) MAY EXIST ON THE PROPERTY AND HEREBY RELEASES SELLER OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS OR EXPENSES (COLLECTIVELY THE "CLAIMS") WHICH MIGHT ARISE OUT OF OR IN CONNECTION WITH THE ENVIRONMENTAL CONDITION OF THE PROPERTY. AS USED HEREIN, THE TERM 'ENVIRONMENTAL CONDITION" SHALL MEAN ANY CONDITION WITH RESPECT TO THE PROPERTY WHICH COULD OR DOES RESULT IN ANY CLAIM AGAINST THE OWNER OF THE PROPERTY BY ANY THIRD PARTY (INCLUDING ANY GOVERNMENTAL ENTITY) UNDER (1) THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. § 9601 ET SEQ., (2) THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C. § 6901 ET SEQ., (3) THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. § 2601 ET SEQ., (4) THE OIL POLLUTION ACT, 33 U.S.C. § 2701 ET SEQ., (5) THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. § 2601 ET SEQ., (6) THE CLEAN WATER ACT, 33 U.S.C. § 1251 ET SEQ., (7) THE CLEAN AIR ACT, 42 U.S.C. § 7401 ET SEQ., (8) THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. § 1801 ET SEQ., (9) THE OCCUPATIONAL SAFETY AND HEALTH ACT, 29 U.S.C. § 651 ET SEQ., (10) THE TEXAS SOLID WASTE DISPOSAL ACT, TEX. HEALTH & SAFETY CODE ANN. §361, ET SEQ., AND/OR (11) SIMILAR STATE AND LOCAL LAWS, NOW OR HEREAFTER EXISTING, ALL AS AMENDED FROM TIME TO TIME, AND ALL REGULATIONS, RULES AND GUIDANCE ISSUED PURSUANT THERETO, INCLUDING, WITHOUT LIMITATION, ANY CONDITION RESULTING FROM OPERATIONS CONDUCTED ON THE PROPERTY OR ON PROPERTY ADJACENT THERETO. SELLER SHALL NOT HAVE (AND PURCHASER WAIVES) ANY OBLIGATION TO DISCLOSE FACTS REGARDING THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL CONDITION AFFECTING THE PROPERTY), REGARDLESS OF WHETHER SUCH FACTS ARE DISCOVERABLE BY THE PURCHASER. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR ANY TERMINATION HEREOF AND SHALL BE CONTAINED IN THE DEED. NOTWITHSTANDING THE FOREGOING, AND AS A MATERIAL INDUCEMENT FOR PURCHASER TO EXECUTE THE CONTRACT AND THIS ADDENDUEM TO THE CONTRACT AND TO CONSUMMATE THE TRANSACTION Addendum to Commercial Contract of Sale Pg. 6 Last Update: 11/7/2019 3:07 PM CONTEMPLATED BY THE CONTRACT AND HEREBY, SELLER HEREBY REPRESENTS, WARRANTS, AND COVENANTS TO PURCHASER THAT THE REMEDIATION OF THE PRIOR CONTAMINATION AT THE PROPERTY HAS BEEN FULLY COMPLETED OR WILL BE COMPLETED BY THE CLOSING DATE AND THAT TCEQ HAS ISSUED OR WILL ISSUE BY THE CLOSING DATE THE VCP CERTIFICATE FOR THE PROPERTY. TO SELLER'S KNOWLEDGE, THE PROPERTY IS OR WILL BE DECLARED SUITABLE FOR REDEVELOPMENT FOR PURCHASER'S INTENDED USE. [SIGNATURE PAGES TO FOLLOW] Addendum to Commercial Contract of Sale Pg. 7 Last Update: 11/7/2019 3:07 PM SELLER SIGNATURE PAGE City of Wylie A Texas municipality By: Name: Date: Addendum to Commercial Contract of Sale Seller's Signature Page - Pg. 8 PURCHASER SIGNATURE PAGE Mulligan Foods RE 2, LLC A Texas limited liability company By: Name: Todd Knight Its: Manager Date: Addendum to Commercial Contract of Sale Purchaser's Signature Page - Pg. 9 Vision Commercial Real Estate North Texas Commercial Ass NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® COMMERCIAL CONTRACT OF SALE (Check all boxes applicable to this Contract - Boxes not checked do not apply to this Contract] In consideration of the agreements contained in this Commercial Contract of Sale (the "Contract"), Seller shall sell and convey to Purchaser, and Purchaser shall buy and pay for, the Property (defined below) pursuant to the provisions, and subject to the conditions, of this Contract. 1. PARTIES. The parties to this Contract are: Seller: City of ylie Address: 300 Country Club Road, Wylie, Texas 75098 Phone: 972-516-6000 Fax: Email: Tax ID No.: Purchaser: Address: ulligan Foods E 2 LLC and/or Assigns ox 243, Allen, Texas 75013 Phone: Fax: Email: todd ulliganfoods.com Tax ID No.: 2. PROPERTY. The address of the Property is: City of ylie , Texas The Property is located in Collin County, Texas, the land portion of which is further described as: Southern 1.60459 acres property described in Constable's Deed recorded in real estate records of Collin County, Texas CC# 20151207001523850 (Vol. 952, PG 911) or as described in Exhibit "A", LEGAL DESCRIPTION and/or shown on Exhibit "B", SITE PLAN. The Property includes all improvements, fixtures, and personal property situated thereon, and all rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys, and rights -of -way (such land, improvements, fixtures, personal property, rights, and appurtenances being collectively referred to in this Contract as the "Property"). ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 1 Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Roger Smeltzer Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Fax: 8177044621 City of Wylie Land 3. PURCHASE PRICE. A. Amount and Payable. The purchase price for the Property is $ 1,045,440.00 (the "Purchase Price"), payable at the Closing as follows (with the Earnest Money to be applied to the Purchase Price) [Check only one]: X (1) All in cash (meaning Good Funds, as defined in Section 4.F. below). If this Contract is subject to approval for Purchaser to obtain financing from a third party, then Addendum B- 1, THIRD PARTY FINANCING is attached. (2) Part in cash (Good Funds), in the following amount or percentage [Check onlyone]: (a)$ (b) percent ( %) of the Purchase Price. If only part of the Purchase Price is to be paid in cash, then the balance of the Purchase Price will be paid according to the provisions in Addendum B-2, SELLER FINANCING. If part of the Purchase Price is to be paid by Purchaser assuming, or taking the Property subject to, an existing promissory note secured by the Property, then Addendum B-3, EXISTING LOAN, is attached. B. Adjustment. If this box is checked then this Section 3.B. applies and the Purchase Price will be adjusted up or down based upon the land area of the Property as determined by the Survey. If the box in the preceding sentence is not checked, then none of this Section 3.B. applies to this Contract. The land area will be multiplied by the following amount per acre or square foot, as applicable, and the product will become the Purchase Price at the Closing [Check only one]: $ per acre; or $ 15.00 per square foot. The land area for purposes of determining the Purchase Price will be the gross land area of the Property unless this box is checked, in which case the land area for purposes of determining the Purchase Price will be the Net Land Area [as defined in Section 5.A. (Survey)] of the Property. Notwithstanding the foregoing, the Purchase Price will not be reduced under this Section 3.B. to less than $ X 4. EARNEST MONEY AND TITLE COMPANY ESCROW. A. Title Company. The Title Company to serve as escrow agent for this Contract is (the "Title Company"): Lawyers Title; 250 S. Hwy 78, Wylie, Texas B. Effective Date. The "Effective Date" is the date the Title Company acknowledges receipt of this fully executed Contract as indicated by the signature block for the Title Company. C. Earnest Money. Within two Business Days after the Effective Date, Purchaser shall deliver an earnest money deposit in the amount of $ 1 (the "Earnest Money") payable to the Title Company in its capacity as escrow agent, to be held in escrow pursuant to the terms of this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Earnest Money with the Title Company. If Purchaser fails to timely deposit the Earnest Money with the Title Company, then Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser at any time until Purchaser deposits the Earnest Money with the Title Company. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 2 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipt_ gix.com DELETE Purchaser instructs the Title Company to promptly deposit the Earnest Money upon receipt in one or more insured accounts in a state or federal banking or savings institution. After receipt of necessary tax forms from Purchaser, the Title Company will deposit the Earnest Money in an interest bearing account unless this box �_ is checked, in which case the Title Company will not be required to deposit the Earnest Money in an interest bearing account. Any interest earned on the Earnest Money will become a part of the Earnest Money. At the Closing, the Earnest Money will be applied to the Purchase Price or, at Purchaser's option, will be returned to Purchaser upon full payment of the Purchase Price. D. Independent Consideration. Notwithstanding anything in this Contract to the contrary, a portion of the Earnest Money in the amount of $100.00 will be non-refundable and will be distributed to Seller upon any termination of this Contract as independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser by any provision of this Contract, the Earnest Money will be promptly returned to Purchaser. Any provision of this Contract that states that the Earnest Money is to be returned to Purchaser means that the Earnest Money, less the non-refundable portion, is to be returned to Purchaser. E. Escrow. The Earnest Money is deposited with the Title Company with the understanding that the Title Company is not: (1) responsible for the performance or non-performance of any party to this Contract; or (2) liable for interest on the funds except to the extent interest has been earned after the funds have been deposited in an interest bearing account. F. Definition of Good Funds. "Good Funds" means currently available funds, in United States dollars, paid in the form of a certified check, cashier's check, official bank check or wire transfer acceptable to the Title Company, such that the payment may not be stopped by the paying party. Any reference in this Contract to "cash" means Good Funds. 5. SURVEY AND TITLE. A. Survey. Within 20 days after the Effective Date [Check only one]: expense. expense. Purchaser shall tain a new surve(the "Survey") of the —Pr pert epa;ed--ate-P-uTcchaser's expense, and Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the Survey in an amount not to exceed $ Seller shall deliver to Purchaser a copy of the most recent existing survey (thc "Survey") of the Property in Seller's possession. Seller shall also deliver an Affidavit to the Title Company, in form and substance r asonably satisfactory to thc Titic Company, stating that nonc of thc improvements Survey was prepared. If Purchaser, Purchaser's lender or the Title Company requires a new survey for any reason, then Purchaser shall obtain and pay for the cost of the new ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 3 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE Survey, and (check only one]: Seller will not be required to pay for any portion of the cost of the new Survey; or Seller will give a credit to Purchaser against the Purchase Price at the Closing for the cost of the new Survey in an amount not to exceed $ Any new Survey must: (1) be prepared by a Registered Professional Land Surveyor; (2) be in a form reasonably acceptable to Purchaser and the Title Company; (3) set forth a legal description of the Property by metes and bounds or by reference to a platted lot or lots; (4) show that the Survey was made on the ground with corners marked with monuments either found or placed; (5) show any discrepancies or conflicts in boundaries, and any visible encroachments; (6) contain the surveyor's certificate that the Survey is true and correct; and (7) show the location and size of all of the following on or immediately adjacent to the Property, if any, if recorded or visible and apparent: (a) buildings, (b) building set back lines (as shown on any recorded plat, but not as may be described in any restrictive covenants or zoning ordinances), (c) streets and roads, (d) 100-year flood plain (approximate location), (e) improvements, (f) encroachments, (g) easements, (h) recording information of recorded easements, (i) pavements, (j) protrusions, (k) fences, (I) rights -of -way, and (m)any markers or other visible evidence of utilities. Any area of the Property within the 100-year flood plain will be shown on the Survey as the approximate location of the 100-year flood plain as shown on any map prepared by the Federal Emergency Management Agency or other applicable governmental authority. The surveyor is authorized to determine the area of the Property within any 100-year flood plain as shown on any map prepared by any governmental authority, and in the absence of such a map, as otherwise reasonably determined by the surveyor. If the area within any 100-year flood plain is to be deducted for the purpose of determining Net Land Area (defined below) then the Survey must show the area of the Property covered by the 100-year flood plain, and that area, as reasonably determined by the surveyor, will be conclusive for purposes of this Contract, even though the surveyor may qualify that determination as approximate. After the delivery of the Survey, the legal description of the Property set forth in the Survey will be incorporated in this Contract as the legal description of the Property, and will be used in the deed and any other documents requiring a legal description of the Property. The Survey must show the gross land area of the Property, and if the Purchase Price is based upon the Net Land Area then the Survey must also show the Net Land Area, expressed in both acres and square feet. The term "Net Land Area" means the gross land area of the Property less the area within any of the following (if recorded or visible and apparent, but excluding those within set back areas) [Check all that apply]: ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 4 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE utility easements; drainage easements; access easements; rights -of -way; 100-year flood plain; and any encroachments on the Property. B. Title Commitment. Within 20 days after the Effective Date, Seller shall deliver or cause to be delivered to Purchaser: (1) A title commitment (the "Title Commitment") covering the Property binding the Title Company to issue a Texas Owner Policy of Title Insurance (the "Title Policy") on the standard form prescribed by the Texas Department of Insurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions (defined below); and (2) the following (collectively, the "Title Documents"): (a) true and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Title Commitment; (b) a current tax certificate; (c) any written notices required by applicable statutes, including those referenced in Section 20; and (d) if the Property includes any personal property, UCC search reports pertaining to the Seller. 6. REVIEW OF SURVEY AND TITLE. A. Title Review Period. Purchaser will have 10 days (the "Title Review Period") after receipt of the last of the Survey, Title Commitment and Title Documents to review them and to deliver a written notice to Seller stating any objections Purchaser may have to them or any item disclosed by them. Purchaser's failure to object within the time provided will be a waiver of the right to object. Any item to which Purchaser does not object will be deemed a "Permitted Exception." The items set forth on Schedule C of the Title Commitment, and any other items the Title Company identifies to be released upon the Closing, will be deemed objections by Purchaser. Zoning ordinances and the lien for current taxes are deemed to be Permitted Exceptions. B. Cure Period. If Purchaser delivers any written objections to Seller within the Title Review Period, then Seller shall make a good faith attempt to cure the objections within 10 days (the "Cure Period") after receipt of the objections. However, Seller is not required to incur any cost to do so. If Seller cannot cure the objections within the Cure Period, Seller may deliver a written notice to Purchaser, before expiration of the Cure Period, stating whether Seller is committed to cure the objections at or before the Closing. If Seller does not cure the objections within the Cure Period, or does not timely deliver the notice, or does not commit in the notice to fully cure all of the objections at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur of: (1) the date that is seven days after the expiration of the Cure Period; or (2) the scheduled Closing Date. C. New Items. If any new items are disclosed by any new or updated Survey, updated Title Commitment, or any new Title Documents, that were not disclosed to Purchaser when the Survey, Title Commitment, and Title Documents were first delivered to Purchaser, then Purchaser will have 15 days to review the new items and to deliver a written notice to Seller stating any objections Purchaser may have to the ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 5 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE new items. If Purchaser timely delivers any written objections as to the new items to Seller, then Seller shall make a good faith attempt to cure the objections to the new items within 10 days (the "Additional Cure Period") after receipt of the objections as to the new items. However, Seller is not required to incur any cost to do so. If Seller does not cure the objections as to the new items within the Additional Cure Period, or does not deliver a written notice to Purchaser before the expiration of the Additional Cure Period stating whether Seller is committed to cure the objections as to the new items at or before the Closing, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the earlier to occur of: (1) that date that is seven days after the expiration of the Additional Cure Period; or (2) the scheduled Closing Date. D. Return of Earnest Money or Waiver. If Purchaser properly and timely terminates this Contract, the Earnest Money will be returned to Purchaser. If Purchaser does not properly and timely terminate this Contract, then Purchaser will be deemed to have waived any uncured objections and must accept title at the Closing subject to the uncured objections and other Permitted Exceptions. Seller's failure to cure Purchaser's objections under this Section 6 does not constitute a default by Seller. 7. SELLER'S REPRESENTATIONS. A. Statements. Seller represents to Purchaser, to the best of Seller's knowledge, as follows: (1) Title. At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, easements, security interests and other encumbrances except the Permitted Exceptions. Delivery of the Title Policy pursuant to Section 15 (the Closing) will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract. However, delivery of the Title Policy will not release Seller from the warranties of title set forth in the warranty deed. (2) Leases. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers except tenants under written leases delivered to Purchaser pursuant to this Contract. (3) Liens and Debts. There are no mechanic's liens, Uniform Commercial Code liens or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the Property before the Closing that will not be satisfied out of the Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not limited to, taxes, leasing commissions, salaries, contracts, and similar agreements, have been paid or will be paid before the Closing. Except for obligations for which provisions are made in this Contract for prorating at the Closing and any indebtedness taken subject to or assumed, there will be no obligations of Seller with respect to the Property outstanding as of the Closing. (4) Litigation. There is no pending or threatened litigation, condemnation, or assessment affecting Property. Seller shall promptly advise Purchaser of any litigation, condemnation or assessment affecting the Property that is instituted after the Effective Date. (5) Material Defects. Seller has disclosed to Purchaser any and all known conditions of a material nature with respect to the Property which may affect the health or safety of any occupant of the Property. Except as disclosed in writing by Seller to Purchaser, the Property has no known latent structural defects or construction defects of a material nature, and none of the improvements have been constructed with materials known to be a potential health hazard to occupants of the Property. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 6 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE (6) Hazardous Materials. Except as otherwise disclosed in writing by Seller to Purchaser, the Property (including any improvements) does not contain any Hazardous Materials (defined below) other than lawful quantities properly stored in containers in compliance with applicable laws. B. Remedies. If Purchaser discovers, before the Closing, that any of Seller's representations has been misrepresented in a material respect, Purchaser may notify Seller of the misrepresentation in writing, and Seller shall attempt to correct the misrepresentation. If the misrepresentation is not corrected by Seller before the Closing, Purchaser may: (1) proceed to Closing, without waiving any claim for misrepresentation; or (2) terminate this Contract by delivering a written termination notice to Seller, in which case the Earnest Money will be returned to Purchaser. 8. OPERATION OF THE PROPERTY. After the Effective Date until the Closing Date, Seller shall: (1) operate the Property in the same manner as the Property has been operated by Seller; and (2) maintain the Property in the same condition as existed on the Effective Date, except for ordinary wear and any casualty loss. After the Effective Date, Seller shall not, without Purchaser's prior written approval: (1) further encumber the Property or allow an encumbrance upon the title to the Property, or modify the terms of any existing encumbrance, if the encumbrance would still be in effect after Closing; or (2) enter into any lease or contract affecting the Property, if the lease or contract would still be in effect after Closing. However, Seller may enter into a lease or contract with an independent third party, in the ordinary course of business, without Purchaser's consent, if Purchaser will be entitled to terminate the lease or contract after Closing, without incurring any termination charge, by delivering a termination notice 30 days in advance of the termination date. If Seller enters into any lease or contract affecting the Property after the Effective Date, then Seller shall immediately deliver a photocopy of the signed document to Purchaser. 9. NONCONFORMANCE. Purchaser has or will independently investigate and verify to Purchaser's satisfaction the extent of any limitations of uses of the Property. Purchaser acknowledges that the current use of the Property or the improvements located on the Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations. Zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, Americans with Disabilities Act requirements, wetlands restrictions and other matters may have a significant economic impact upon the intended use of the Property by Purchaser. However, if Seller is aware of any pending zoning changes or current nonconformance with any Federal, State or local laws, ordinances, codes or regulations, Seller shall disclose them to Purchaser. 10. INSPECTION. [Check only A or B] A. Inspection Not Necessary. Purchaser acknowledges that Purchaser has inspected the Property, including all buildings and improvements, and is thoroughly familiar with their condition. Purchaser accepts the Property in its present "AS IS" condition, with any changes caused by normal wear and tear before the Closing, but without waiving Purchaser's rights by virtue of Seller's representations and agreements expressed in this Contract. X B. Inspection Desired. Purchaser desires to inspect the Property and Seller grants to Purchaser the right to inspect the Property as described below. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 7 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE (1) Inspection Period. Purchaser will have a period of 90 days after the Effective Date (the "Inspection Period") to inspect the Property and conduct studies regarding the Property. Purchaser's studies may include, without limitation: (a) permitted use and zoning of the Property; (b) core borings; (c) environmental and architectural tests and investigations; (d) physical inspections of improvements, fixtures, equipment, subsurface soils, structural members, and personal property; and (e) examination of agreements, manuals, plans, specifications and other documents relating to the construction and condition of the Property. Purchaser and Purchaser's agents, employees, consultants and contractors will have the right of reasonable entry onto the Property during normal business hours, and upon reasonable advance notice to Seller and any tenants on the Property, for purposes of inspections, studies, tests and examinations deemed necessary by Purchaser. The inspections, studies, tests and examinations will be at Purchaser's expense and risk. Purchaser may also use the Inspection Period to perform feasibility studies, obtain equity funding, seek financing, and satisfy other conditions unrelated to the condition of the Property. Purchaser shall defend and indemnify Seller against any claims that arise due to any actions by Purchaser or Purchaser's agents, employees, consultants and contractors. Purchaser's obligation to defend and indemnify Seller will survive the Closing or termination of this Contract. (2) Extension of Inspection Period. Purchaser may extend the Inspection Period for up to 30 days by delivering an additional earnest money deposit in the amount of $ one to the Title Company. The additional deposit will become part of the Earnest Money. (3) Termination. If Purchaser determines, in Purchaser's sole discretion, no matter how arbitrary, that Purchaser chooses not to purchase the Property for any reason, then Purchaser may terminate this Contract by delivering a written notice to Seller on or before the last day of the Inspection Period, in which case the Earnest Money will be returned to Purchaser. Purchaser's reason for choosing to terminate this Contract does not need to be related to the condition of the Property, and Purchaser is not required to justify Purchaser's decision to terminate this Contract. (4) Acceptance. If Purchaser does not properly and timely terminate this Contract before the expiration of the Inspection Period (or if Purchaser accepts the Property in writing) then Purchaser will be deemed to have waived all objections to the Property, except for any title objections that may be outstanding pursuant to Section 6 (Review of Survey and Title) of this Contract. In that event, except as may be expressly stated otherwise in this Contract, Purchaser accepts the Property in its current "AS IS" condition, with any changes caused by normal wear and tear before the Closing, and this Contract will continue in full force and effect. This provision does not, however, limit or invalidate any express representations and agreements Seller has made in this Contract. (5) Restoration. If the transaction described in this Contract does not close through no fault of Seller, and the condition of the Property was altered due to inspections, studies, tests or examinations performed by Purchaser or on Purchaser's behalf, then Purchaser must restore the Property to its original condition at Purchaser's expense. Purchaser's obligation to restore the Property will survive the termination of this Contract. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 8 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE C. Reports. [Check all that apply] X.1 (a) Within days after the Effective Date, Seller shall deliver to Purchaser a written "Phase I" report of an environmental assessment of the Property. The report will be prepared, at Seller's expense, by an environmental consultant reasonably acceptable to Purchaser. The environmental assessment must include an investigation into the existence of Hazardous Materials (as defined in Section 19.A. of this Contract) in, on or around the Property. The environmental assessment must also include a land use history search, engineering inspections, research and studies that may be necessary to discover the existence of Hazardous Materials. (b) Within 10 days after the Effective Date, Seller shall deliver to Purchaser copies of all reports in Seller's possession or control of engineering investigations, tests and environmental studies that have been made with respect to the Property within the three year period before the Effective Date. (c) If Purchaser terminates this Contract, Purchaser shall return to Seller, at Purchaser's expense and contemporaneously with the termination, the original, hard copies of any documents Seller delivered to Purchaser. Also, Purchaser shall return, destroy, or delete any other copies of such documents, electronic or otherwise, in Purchaser's possession. This provision will survive the termination of this Contract. (d) If Purchaser terminates this Contract, Purchaser shall deliver to Seller, at Purchaser's expense and contemporaneously with the termination, copies of all written reports, inspections, plats, drawings and studies that relate to the condition of the Property made by Purchaser's agents, consultants and contractors. This provision will survive the termination of this Contract. 11. DELIVERY AND REVIEW OF DOCUMENTS. A. Delivery. Seller agrees to deliver to Purchaser, within 10 days after the Effective Date, complete and legible copies of the following pertaining to the Property, to the extent in Seller's possession or readily available to Seller: (1) All current leases, including all modifications, amendments, supplements and extensions thereof (including written descriptions of any oral agreements); (2) A current rent roll certified by Seller to be true, complete and accurate as of the date of delivery, including names of tenants, annual or monthly rents, expenses paid by tenants and by Seller, commencement dates, terms of leases, and renewal options; (3) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection with the Property, to be sold with the Property, certified by Seller to be true and correct as of the date of delivery; (4) Any Notes, Deeds of Trust and other loan documents pertaining to loans assumed or taken subject to; ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 9 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE (5) All service, maintenance, management, or other contracts relating to the ownership and operation of the Property; (6) All warranties and guaranties; (7) All fire, hazard, liability, and other insurance policies; (8) The real estate and personal property tax statements for the previous two calendaryears; (9) All leasing and commission agreements; (10) The "as built" or other plans and specifications; (11) A statement of utility charges, repair costs and other expenses incurred by Seller for the operation and maintenance of the Property for each month for the two years preceding the Effective Date; to (12) A true and correct statement of income and expenses from (13) Any certificate of mold remediation that has been issued for the Property under Section 1958.154 of the Occupations Code within the preceding five years; and (14) Other Any environmental surveys, existing work, TCE documentation B. Review of Documents. Purchaser will have a period of time (the "Document Review Period") to review the information identified above, ending the later to occur of: (1) /A days after the Effective Date; or (2) the end of the Inspection Period (if any). If Purchaser objects to any information disclosed to or discovered by Purchaser, in Purchaser's sole discretion, no matter how arbitrary, Purchaser may: (i) terminate this Contract by delivery of a written notice to Seller before the expiration of the Document Review Period, in which case the Earnest Money will be returned to Purchaser and Purchaser shall return all documents Seller delivered to Purchaser; or (ii) waive the objections and close the transaction. If Purchaser does not deliver a written termination notice to Seller before expiration of the Document Review Period, then any objections as to the information provided by Seller pursuant to this Section will be deemed to be waived by Purchaser. 12. ESTOPPEL CERTIFICATES. Seller agrees to deliver to Purchaser, at least days before the Closing Date, estoppel certificates executed by ch of thc tenants under thc I ascs of thc Property stating: (1) whether the tenant is an assignee or subtenant; (2) the expiration date of the lease; (3) the number of renewal options under the lease, if any, and the total period of time covered by the renewal options; {'I) that none of the terms or provisions of the lease have been changed since the original execution of the lease, except as shown on any attached amendments or modifications; (5) that no default exists under the terms of the lease by either landlord or tenant; ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 10 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE (6) that the tenant has no claim against the landlord under the Ic,se and has no defense or right of offset against collection of rent or other charges accruing under the lease; (7) the amount and payment date of the last payment of rent, the period of time covered by that {9) the identity and addre-s of any guarantor of the lease. If any estoppel certificate is not timely delivered, or is unacceptable to Purchaser, then Purchaser may immediately notify Seller in writing of Purchaser's objections. Seller shall promptly attempt to cure the unacceptable matters without any obligation to incur any -lest in connection with the attempt. If Scaler is unable to cure the unacceptable matters before the Closing Date, Purchaser may: (i) terminate this Contract by or (ii) close the transaction, in which case Purchaser will be deemed to have waived any objections to the unacceptable matters. 13. CASUALTY LOSS AND CONDEMNATION. A. Damage or Destruction. All risk of loss to the Property will remain upon Seller before the Closing. If the Property is damaged or destroyed by fire or other casualty to a Material Extent (defined below), then Purchaser may terminate this Contract by delivering a written termination notice to Seller within 10 days after the date the casualty occurred (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If the Property is damaged by fire or other casualty to less than a Material Extent, the parties shall proceed to the Closing as provided in this Contract. If the transaction is to proceed to the Closing, despite any damage or destruction, there will be no reduction in the Purchase Price and Seller shall either: (1) fully repair the damage before the Closing, at Seller's expense; or (2) give a credit to Purchaser at the Closing for the entire cost of repairing the Property. The term "Material Extent" means damage or destruction where the cost of repair exceeds ten percent (10%) of the Purchase Price. If the repairs cannot be completed before the Closing Date, or the cost of repairing the Property cannot be determined before the Closing Date, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than 30 days after the previously scheduled Closing Date. B. Condemnation. If condemnation proceedings are commenced before the Closing against any portion of the Property, then Seller shall immediately notify Purchaser in writing of the condemnation proceedings, and Purchaser may terminate this Contract by delivering a written notice to Seller within 10 days after Purchaser receives the notice (and in any event before the Closing), in which case the Earnest Money will be returned to Purchaser. If this Contract is not terminated, then any condemnation award will (a) if known on the Closing Date, belong to Seller and the Purchase Price will be reduced by the same amount, or (b) if not known on the Closing Date, belong to Purchaser and the Purchase Price will not be reduced. 14. ASSIGNMENT. [Check only one] A. Assignment Permitted. Purchaser may assign this Contract provided the assignee assumes in writing all obligations and liabilities of Purchaser under this Contract, in which event Purchaser will be relieved of any further liability under this Contract. ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE X B. Limited Assignment Permitted. Purchaser may assign this Contract only to a related party, defined as: (1) an entity in which Purchaser is an owner, partner or corporate officer; (2) an entity which is owned or controlled by the same person or persons that own or control Purchaser; or (3) a member or members of the immediate family of Purchaser, or a trust in which the beneficiary or beneficiaries is or are a member or members of the immediate family of Purchaser. Purchaser will remain liable under this Contract after any assignment. C. Assignment Prohibited. Purchaser may not assign this Contract without Seller's prior written consent. 15. CLOSING. A. Closing Date. The closing of the transaction described in this Contract (the "Closing") will be held at the offices of the Title Company at its address stated below, on the date (the "Closing Date") that is days after the expiration of the Inspection Period; days after the Effective Date; or specified on the Addendum to the Contract, attached hereto and made a part hereof by reference for all purposes. However, if any objections that were timely made by Purchaser in writing pursuant to Section 6 (Review of Survey and Title) have not been cured, then either party may postpone the Closing Date by delivering a written notice to the other party specifying an extended Closing Date that is not more than thirty 30 days after the previously scheduled Closing Date. B. Seller's Closing Obligations. At the Closing, Seller shall deliver to Purchaser, at Seller's expense: (1) A duly executed [check only one] General Warranty Deed X Special Warranty Deed (with vendor's lien retained if financing is given by Seller or obtained from a third party) conveying the Property in fee simple according to the legal description prepared by the surveyor as shown on the Survey, subject only to the Permitted Exceptions; (2) An updated Title Commitment committing the underwriter for the Title Company to issue promptly after the Closing, at Seller's expense, the Title Policy pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase Price, dated as of the date of theClosing, and (at an additional premium cost) (check only one if applicable] with the survey exception modified at Seller's expense to read "any shortages in area," or X with the survey exception modified at Purchaser's expense to read "any shortages in area;" (3) A Bill of Sale conveying the personal property described in this Contract, free and clear of liens, security interests, and encumbrances, subject only to the Permitted Exceptions (to the extent applicable); (4) Possession of the Property, subject to valid existing leases disclosed by Seller to Purchaser and other applicable Permitted Exceptions; (5) An executed assignment of all leases, if there are any leases affecting the Property; ©Copyright 2015 NTCAR - Form No.1 (11/2015) Page 12 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE (6) A current rent roll certified by Seller to be complete and accurate, if there are any leases affecting the Property; (7) Evidence of Seller's authority and capacity to close this transaction; and (8) All other documents reasonably required by the Title Company to close this transaction. C. Purchaser's Closing Obligations. At the Closing, Purchaser shall deliver to Seller, at Purchaser's expense: (1) The cash portion of the Purchase Price (with the Earnest Money being applied to the Purchase Price); (2) The Note and the Deed of Trust, if Addendum B-2, SELLER FINANCING, is attached; (3) An Assumption Agreement in recordable form agreeing to pay all commissions payable under any lease affecting the Property; (4) Evidence of Purchaser's authority and capacity to close this transaction; and (5) All other documents reasonably required by the Title Company to close this transaction. D. Closing Costs. Each party shall pay its share of the closing costs which are customarily paid by a seller or purchaser in a transaction of this character in the county where the Property is located, or as otherwise agreed. E. Prorations. Rents (including any additional rental or reimbursement amounts to be reconciled), lease commissions, interest on any assumed loan, insurance premiums on any transferred insurance policies, maintenance expenses, operating expenses, standby fees, and ad valorem taxes for the year of the Closing will be prorated at the Closing effective as of the date of the Closing (with the Purchaser being considered the owner of the Property for the entire day of the Closing). Seller shall give a credit to Purchaser at the Closing in the aggregate amount of any security deposits deposited by tenants under leases affecting the Property. If the Closing occurs before the tax rate is fixed for the year of the Closing, the apportionment of the taxes will be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference between actual and estimated taxes for the year of the Closing actually paid by Purchaser will be adjusted equitably between the parties upon receipt of a written statement of the actual amount of the taxes. This provision will survive the Closing. F. Rollback Taxes. If any Rollback Taxes are due before the Closing due to a change in use of the Property by Seller or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxes (including any interest and penalties) at or before the Closing. If this sale or a change in use of the Property or denial of any special use valuation of the Property after the Closing would result in the assessment after the Closing of additional taxes and interest applicable to the period of time before the Closing ("Rollback Taxes"), then: (1) Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed, without receiving any credit from Seller; unless (2) this box is checked, in which case Seller shall give a credit to Purchaser at the Closing for the amount of the Rollback Taxes (including interest and penalties) that may be assessed after the Closing as reasonably estimated by the Title Company, and Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed after the Closing. If Seller gives a credit to Purchaser for the ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 13 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE estimated amount of Rollback Taxes, and the actual Rollback Taxes assessed after the Closing are different from the estimate used at the Closing, then there will be no subsequent adjustment between Seller and Purchaser. G. Loan Assumption. If Purchaser assumes, or takes the Property subject to, an existing loan secured by the Property, then, at the Closing, in addition to the proration of interest on the loan, Purchaser shall pay: (1) to the lender, any assumption or transfer fee charged by the lender; (2) to the lender, reasonable attorney's fees charged by the lenders' attorney; and (3) to Seller, a sum equal to the amount of any reserve accounts held by the lender for the payment of taxes, insurance and any other expenses applicable to the Property for which reserve accounts are held by the lender, and Seller shall transfer the reserve accounts to Purchaser. Purchaser shall execute, at the option and expense of Seller, a Deed of Trust to Secure Assumption with a trustee named by Seller. If consent to the assumption is required by the lender, Seller shall obtain the lender's consent in writing and deliver the consent to Purchaser at the Closing. If Seller does not obtain the lender's written consent (if required) and deliver it to Purchaser at or before the Closing, Purchaser may terminate this Contract by delivering a written termination notice to Seller, and the Earnest Money will be returned to Purchaser. H. Foreign Person Notification. If Seller is a Foreign Person, as defined by the Internal Revenue Code, or if Seller fails to deliver to Purchaser a non -foreign affidavit pursuant to §1445 of the Internal Revenue Code, then Purchaser may withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms. A non -foreign affidavit from Seller must include: (1) a statement that Seller is not a foreign person; (2) the U.S. taxpayer identification number of Seller; and (3) any other information required by §1445 of the Internal Revenue Code. 16. DEFAULT. A. Purchaser's Remedies. If Seller defaults or fails to close this Contract for any reason except Purchaser's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser may elect to either: (1) enforce specific performance of this Contract (require Seller to sell the Property to Purchaser pursuant to this Contract); or (2) terminate this Contract by delivering a written notice to Seller. If Purchaser elects to terminate this Contract due to Seller's default, then Purchaser will be deemed to have waived the remedy of specific performance and any other remedies available to Purchaser (except for reimbursement for Purchaser's actual expenses as provided in the next paragraph) and the Earnest Money will be returned to Purchaser. The following sentence applies only if this box is checked: If Seller defaults and Purchaser does not elect to enforce specific performance of this Contract, or the remedy of specific performance is not available, parties in connection with this Contract including, but not limited to, reasonable fees and expenses for exceed $ The foregoing will be Purchaser's sole and exclusive remedies for Seller's default unless this box is checked, in which case Purchaser may sue Seller for additional damages (in addition to the ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 14 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE Purchaser must elect to pursue either specific performance or a claim for damages at the beginning of any B. Seller's Remedies. If Purchaser fails to close this Contract for any reason except Seller's default or the termination of this Contract pursuant to a right to terminate set forth in this Contract, Purchaser will be in default and Seller may terminate this Contract and receive the Earnest Money as liquidated damages for Purchaser's breach of this Contract, thereby releasing Purchaser from this Contract. If Seller terminates this Contract due to Purchaser's default, then the Earnest Money will be paid to Seller. The right to receive the Earnest Money will be Seller's sole and exclusive remedy for Purchaser's default unless one of the following remedies is selected, in which case Seller may sue Purchaser: to enforce specific performance (force Purchaser to purchase the Property pursuant to this Contract);or for checked to allow Seller to sue Purchaser to enforce specific performance or for actual damages, then Seller must elect to either receive the Earnest Money or sue Purchaser for one of the other selected remedies at the 17. AGENCY DISCLOSURE. A. Agency Relationships. The term "Brokers" refers to the Principal Broker and the Cooperating Broker, if applicable, as set forth on the signature page. Each Broker has duties only to the party the Broker represents as identified below. If either Broker is acting as an intermediary, then that Broker will have only the duties of an intermediary, and the intermediary disclosure and consent provisions apply as set forth below. [Each broker check only one] (1) The Principal Broker is: an intermediary. agent for Seller only; or (2) The Cooperating Broker is: an intermediary. agent for Purchaser only; or agent for Seller only; or X agent for Purchaser only; or B. Other Brokers. Seller and Purchaser each represent to the other that they have had no dealings with any person, firm, agent or finder in connection with the negotiation of this Contract or the consummation of the purchase and sale contemplated by this Contract, other than the Brokers named in this Contract, and no real estate broker, agent, attorney, person, firm or entity, other than the Brokers, is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of the representing party. Each party agrees to indemnify, defend, and hold the other party harmless from and against any costs, expenses or liability for any compensation, commission, fee, or charges that may be claimed by any agent, finder or other similar party, other than the Brokers, by reason of any dealings or acts of the indemnifying party. C. Fee Sharing. Seller and Purchaser agree that the Brokers may share the Fee (defined below) among themselves, their sales associates, and any other licensed brokers involved in the sale of the Property. The parties authorize the Title Company to pay the Fee directly to the Principal Broker and, if applicable, the Cooperating Broker, in accordance with Section 18 (Professional Service Fee) or any other agreement pertaining to the Fee. Payment of the Fee will not alter the fiduciary relationships between the parties and the Brokers. D. Intermediary Relationship. If either of the Brokers has indicated in Section 17.A. (Agency Relationships) or otherwise that the Broker is acting as an intermediary in this transaction, then Purchaser and Seller hereby consent to the intermediary relationship, authorize such Broker or Brokers to act as an ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE intermediary in this transaction, and acknowledge that the source of any expected compensation to the Brokers will be Seller, and the Brokers may also be paid a fee by Purchaser. A broker, and any broker or salesperson appointed to communicate with and carry out instructions of one party, who acts as an intermediary is required to act fairly and impartially, and may not: (1) disclose to the buyer that the seller will accept a price less than the asking price, unless instructed in a separate writing by the seller; (2) disclose to the seller that the buyer will pay a price greater than the price submitted in a written offer to the seller, unless otherwise instructed in a separate writing by the buyer; (3) disclose any confidential information or any information that a party specifically instructs the broker or salesperson in writing not to disclose, unless: (a) the broker or salesperson is otherwise instructed in a separate writing by the respective party; (b) the broker or salesperson is required to disclose the information by the Texas Real Estate License Act or a court order; or (c) the information materially relates to the condition of the Property; (4) treat a party to a transaction dishonestly; or (5) violate the Texas Real Estate License Act. Broker is authorized to appoint, by providing written notice to the parties, a license holder associated with Broker to communicate with and carry out instructions of one party, and another license holder associated with Broker to communicate with and carry out instructions of the other party. An appointed license holder may provide opinions and advice during negotiations to the party to whom the license holder is appointed. 18. PROFESSIONAL SERVICE FEE. A. Payment of Fee. Seller agrees to pay the Brokers a professional service fee (the "Fee") for procuring the Purchaser and for assisting in the negotiation of this Contract as follows: Six percent to be split evenly between the Principal and Cooperating brokers. The Fee will be earned upon the of the Property by Seller pursuant to this Contract (as may be amended or assigned). The Fee will be paid by on the Fee. The Title Company or other escrow agent is authorized and directed to pay thc Fcc to thc Broker: forth or referenced in this Section. The Fee is earned notwithstanding: (1) any subsequent termination of this Contract (except a performance, the Fee will not exceed one half of thc Earncst Moncy. If cithcr party defaults ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 16 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE under this Contract, then the Fee will be paid within 10 days after the scheduled Closing Date, and the Title this Contract. If Seller defaults, then Seller's obligation to pay the Fee will not be affected if Purchaser chooses the remedy of terminating this Contract, and thc amount of thc Fcc will not be limited to the amount of thc B. Consent Required. Purchaser, Seller and Title Company agree that the Brokers are third party beneficiaries of this Contract with respect to the Fee, and that no change may be made by Purchaser, Seller or Title Company as to the time of payment, amount of payment or the conditions for payment of the Fee without the written consent of the Brokers. disclose their right to claim a lien based on the commission agreement set forth in this Contract and any other commission agreements applicable to the sale contemplated by this Contract. This disclosure is incorporated in any such commission agreements. 19. MISCELLANEOUS PROVISIONS. A. Definition of Hazardous Materials. "Hazardous Materials" means any pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous substances as defined in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other Federal, State or local environmental law, ordinance, rule, or regulation, whether existing as of the Effective Date or subsequently enacted. B. Notices. All notices and other communications required or permitted under this Contract must be in writing and will be deemed delivered on the earlier of: (1) actual receipt, if delivered in person or by courier, with evidence of delivery; (2) receipt of an electronic facsimile ("Fax") transmission with confirmation of delivery to the Fax numbers specified in this Contract, if any; or (3) upon deposit with the United States Postal Service, certified mail, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth in this Contract. Any party may change its address for notice purposes by delivering written notice of its new address to all other parties in the manner set forth above. Copies of all written notices should also be delivered to the Brokers and to the Title Company, but failure to notify the Brokers or the Title Company will not cause an otherwise properly delivered notice to be ineffective. X 1. Seller also consents to receive any notices by email. 2. Purchaser also consents to receive any notices by email. C. Termination. If this Contract is terminated for any reason, the parties will have no further rights or obligations under this Contract, except that: (1) Purchaser shall pay the costs to repair any damage to the Property caused by Purchaser or Purchaser's agents; and (2) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly survive the termination of this Contract. The obligations of this Section 19.C. will survive the termination of this Contract. The terms of any mutual termination agreement will supersede and control over the provisions of this Section 19.C. to the extent of any conflict. D. Forms. In case of a dispute as to the form of any document required under this Contract, the most recent form prepared by the State Bar of Texas will be used, modified as necessary to conform to the terms of this Contract. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 17 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE E. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Contract, or brought relating to the transaction contemplated by this Contract, will be entitled to recover, from the non - prevailing party, court costs, reasonable attorneys' fees and all other reasonable related expenses. F. Integration. This Contract contains the complete agreement between the parties with respect to the Property and cannot be varied except by written agreement. The parties agree that there are no oral agreements, understandings, representations or warranties made by the parties that are not expressly set forth in this Contract. Any prior written agreements, understandings, representations or warranties between the parties will be deemed merged into and superceded by this Contract, unless it is clear from the written document that the intent of the parties is for the previous written agreement, understanding, representation or warranty to survive the execution of this Contract. G. Survival. Any representation or covenant contained in this Contract not otherwise discharged at the Closing will survive the Closing. H. Binding Effect. This Contract will inure to the benefit of, and will be binding upon, the parties to this Contract and their respective heirs, legal representatives, successors and assigns. 1. Time for Performance. Time is of the essence under each provision of this Contract. Strict compliance with the times for performance is required. J. Business Day. If any date of performance under this Contract falls on a Saturday, Sunday or Texas legal holiday, such date of performance will be deferred to the next day that is not a Saturday, Sunday or Texas legal holiday. K. Right of Entry. After reasonable advance notice and during normal business hours, Purchaser, Purchaser's representatives and the Brokers have the right to enter upon the Property before the Closing for purposes of viewing, inspecting and conducting studies of the Property, so long as they do not unreasonably interfere with the use of the Property by Seller or any tenants, or cause damage to the Property. L. Governing Law. This Contract will be construed under and governed by the laws of the State of Texas, and unless otherwise provided in this Contract, all obligations of the parties created under this Contract are to be performed in the county where the Property is located. M. Severability. If any provision of this Contract is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any other provisions, and this Contract will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Contract. N. Broker Disclaimer. The Brokers will disclose to Purchaser any material factual knowledge the Brokers may possess about the condition of the Property. Purchaser understands that a real estate broker is not an expert in matters of law, tax, financing, surveying, hazardous materials, engineering, construction, safety, zoning, land planning, architecture, or the Americans with Disabilities Act. Purchaser should seek expert assistance on such matters. The Brokers do not investigate a property's compliance with building codes, governmental ordinances, statutes and laws that relate to the use or condition of the Property or its construction, or that relate to its acquisition. Purchaser is not relying upon any representations of the Brokers concerning permitted uses of the Property or with respect to any nonconformance of the Property. If the Brokers provide names of consultants or sources for advice or assistance, the Brokers do not warrant the services of the advisors or their products. The Brokers cannot warrant the suitability of property to be acquired. Purchaser acknowledges that current and future federal, state and local laws and regulations may ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 18 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE require any Hazardous Materials to be removed at the expense of those persons who may have had or continue to have any interest in the Property. The expense of such removal may be substantial. Purchaser agrees to look solely to experts and professionals selected or approved by Purchaser to advise Purchaser with respect to the condition of the Property and will not hold the Brokers responsible for any condition relating to the Property. The Brokers do not warrant that Seller will disclose any or all property defects or other matters pertaining to the Property or its condition. Seller and Purchaser agree to hold the Brokers harmless from any damages, claims, costs and expenses including, but not limited to, reasonable attorneys' fees and court costs, resulting from or related to any person furnishing any false, incorrect or inaccurate information with respect to the Property, Seller's concealing any material information with respect to the condition of the Property, or matters that should be analyzed by experts. To the extent permitted by applicable law, the Brokers' liability for errors or omissions, negligence, or otherwise, is limited to the return of the Fee, if any, paid to the responsible Broker pursuant to this Contract. The parties agree that they are not relying upon any oral statements that the Brokers may have made. Purchaser is relying solely upon Purchaser's own investigations and the representations of Seller, if any, and Purchaser acknowledges that the Brokers have not made any warranty or representation with respect to the condition of the Property or otherwise. O. Counterparts. This Contract may be executed in a number of identical counterparts, and all counterparts will be construed together as one agreement. Any signed counterpart transmitted by Fax or email has the same effect as an original. P. Patriot Act Representation. Seller and Purchaser each represent to the other that: (1) its property interests are not blocked by Executive Order No. 13224, 66 Fed. Reg. 49079; (2) it is not a person listed on the Specially Designated Nationals and Blocked Persons list of the Office of Foreign Assets Control of the United States Department of the Treasury; and (3) it is not acting for or on behalf of any person on that list. Q. Exchange. Seller and Purchaser shall cooperate with each other in connection with any tax deferred exchange that either party may be initiating or completing in connection with Section 1031 of the Internal Revenue Code, so long as neither party will be required to pay any expenses related to the other party's exchange and the Closing is not delayed. Notwithstanding any other provision that may prohibit the assignment of this Contract, either party may assign this Contract to a qualified intermediary or exchange accommodation title holder, if the assignment is required in connection with the exchange. The parties agree to cooperate with each other, and sign any reasonable documentation that may be required, to effectuate any such exchange. 20. STATUTORY NOTICES. A. Abstract or Title Policy. At the time of the execution of this Contract, Purchaser acknowledges that the Brokers have advised and hereby advise Purchaser, by this writing, that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection or that Purchaser should be furnished with or obtain a policy of title insurance. B. Notice Regarding Unimproved Property Located in a Certificated Service Area. If the Property is unimproved and is located in a certificated service area of a utility service, then Seller shall give to Purchaser a written notice in compliance with §13.257 of the Texas Water Code, and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the correct name of utility service provider authorized by law to provide water or sewer service to the Property, and must comply with all other applicable requirements of the Texas Water Code. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 19 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE C. Special Assessment Districts. If the Property is situated within a utility district or flood control district subject to the provisions of §49.452 of the Texas Water Code, then Seller shall give to Purchaser the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness and the authorized indebtedness of the district, and must comply with all other applicable requirements of the Texas Water Code. D. Property Owners' Association. If the Property is subject to mandatory membership in a property owners' association, Seller shall notify Purchaser of the current annual budget of the property owners' association, and the current authorized fees, dues and/or assessments relating to the Property. In addition, Seller shall give to Purchaser the written notice required under §5.012 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the notice in writing. Also, Seller shall give to Purchaser the resale certificate required under Chapter 207 of the Texas Property Code, if applicable, and Purchaser agrees to acknowledge receipt of the resale certificate in writing. E. Notice Regarding Possible Annexation. If the Property that is the subject of this Contract is located outside the limits of a municipality, the Property may now or later be included in the extraterritorial jurisdiction of the municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. F. Notice Regarding Coastal Area Property. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, then Seller shall give to Purchaser a written notice regarding coastal area property, in compliance with §33.135 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. G. Gulf Intracoastal Waterway Notice. If the Property is located seaward of the Gulf Intracoastal Waterway, then Seller shall give to Purchaser a written notice regarding the seaward location of the Property, in compliance with §61.025 of the Texas Natural Resources Code, and Purchaser agrees to acknowledge receipt of the notice in writing. H. Notice for Property Located in an Agricultural Development District. If the Property is located in an agricultural development district, then in accordance with §60.063 of the Texas Agricultural Code: (1) Seller shall give to Purchaser a written notice that the Property is located in such a district; (2) Purchaser agrees to acknowledge receipt of the notice in writing; and (3) at the Closing, a separate copy of the notice with current information about the district will be executed by Seller and Purchaser and recorded in the deed records of the county in which the Property is located. 1. Certificate of Mold Remediation. If a certificate of mold remediation has been issued for the Property under Section 1958.154 of the Occupations Code within the preceding five years, Seller is required to provide a copy of the certificate to Purchaser. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 20 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE J. Notice of Water Level Fluctuations. If the Property adjoins a lake, reservoir, or other impoundment of water that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, then the following notice applies: NOTICE OF WATER LEVEL FLUCTUATIONS: The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions. K. Disclosure of Dual Capacity as Broker and Principal. [Complete if applicable] is a licensed Texas real estate agent and is acting in a dual capacity as broker for the Purchaser and as a principal in this transaction, as he or she may be the Purchaser (or one of the owners of the Purchaser after any assignment of this Contract). is a licensed Texas real estate agent and is acting in a dual capacity as broker for the Seller and as a principal in this transaction, as he or she may be the Seller (or one of the owners of the Seller). 21. DISPUTE RESOLUTION. A. Mediation. If any dispute (the "Dispute") arises between any of the parties to this Contract including, but not limited to, payment of the Fee, then any party (including any Broker) may give written notice to the other parties requiring all involved parties to attempt to resolve the Dispute by mediation. Except in those circumstances where a party reasonably believes that an applicable statute of limitations period is about to expire, or a party requires injunctive or equitable relief, the parties are obligated to use this mediation procedure before initiating arbitration or any other action. Within seven days after receipt of the mediation notice, each party must deliver a written designation to all other parties stating the names of one or more individuals with authority to resolve the Dispute on such party's behalf. Within 14 days after receipt of the mediation notice, the parties shall make a good faith effort to select a qualified mediator to mediate the Dispute. If the parties are unable to timely agree upon a mutually acceptable mediator, any party may request any state or federal judge to appoint a mediator. In consultation with the mediator, the parties shall promptly designate a mutually convenient time and place for the mediation that is no later than 30 days after the date the mediator is selected. In the mediation, each party must be represented by persons with authority and discretion to negotiate a resolution of the Dispute, and may be represented by counsel. The mediation will be governed by applicable provisions of Chapter 154 of the Texas Civil Practice and Remedies Code, and such other rules as the mediator may prescribe. The fees and expenses of the mediator will be shared equally by all parties included in the Dispute. B. Arbitration. If the parties are unable to resolve any Dispute by mediation, then the parties acceptable to all parties. If the parties are unable to agree upon the selection of an arbitrator, then any party may request any state or federal judge to appoint an arbitrator. This agreement to arbitrate will be specifically cnforc able under the prevailing arbitration law. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 21 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE 22. CONSULT AN ATTORNEY. This Contract is a legally binding agreement. The Brokers cannot give legal advice. The parties to this Contract acknowledge that they have been advised to have this Contract reviewed by legal counsel before signing this Contract. Purchaser's attorney: Name: Aaron C. Lee Law Firm, PLLC Seller's attorney: Name: Chris Zillmer, Abernathy, oeder, ovd & Address: 1333 . cDermott Drive, STE 110 Hullett, P.C. Allen, Texas 75013 Phone: 469-519-7814 Fax: 888-282-5554 Email: aaron acleelaw.com Address: 1700 edbud lvd., Suite 300 cKinney, Texas 75069 Phone: 214-544-4046 Fax: 214-544-4044 Email: czillmer abernathy-law.com 23. EXHIBITS AND ADDENDA. All Exhibits and Addenda attached to this Contract are incorporated herein by reference and made a part of this Contract for all purposes [check all thatapply]: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Addendum A Addendum B-1 Addendum B-2 Addendum B-3 Addendum C Addendum D Addendum E Addendum F Legal Description Site Plan Information About Brokerage Services Schedule of Personal Property Third Party Financing Seller Financing Existing Loan Disclosure Notice Lead Based Paint Additional Provisions 24. CONTRACT AS OFFER. The execution of this Contract by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a fully executed copy to the first party by the earlier of this date August 30, 2019 or the date that is 10 days after the date this Contract is executed by the first party, then that offer will be deemed to have been automatically withdrawn, in which case the Earnest Money, if any, will be returned to Purchaser. Any acceptance of an offer that has been withdrawn will be effective only if the party that withdrew the offer subsequently agrees to the acceptance either in writing or by course of conduct. 25. ADDITIONAL PROVISIONS. [Additional provisions may be set forth below or on any attached Addendum]. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 22 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DELETE This Contract is executed to be effective as of the date the Title Company acknowledges receipt of this fully executed Contract as indicated by the signature block for the Title Company (the Effective Date). SELLER: City of ylie By: (Signature) Name: Chris Hoisted Title: City anager Date of Execution: By: (Signature) Name: Title: Date of Execution: PRINCIPAL BROKER: d • e ealty Partners LLC By: (Signature) Name: rian axler Title: Agent Address: 5950 erkshire Lane STE 700 Dallas, Texas 75225 Phone: 214-545-6900 Fax: Email: bwaxler@edge-re.com TREC License No.: 594592 ©Copyright 2015 NTCAR - Form No. 1 (11/2015) PURCHASER: ulli an Foods E 2 LLC and/o A ssi ns By: (Signature) Name: Todd Knight Title: Managing Member Date of Execution: By: (Signature) Name: Title: Date of Execution: COOPERATING BROKER: Vision Co e dal LLC By: (Signature) Name: oger Smeltzer, Jr. Title: oker Address: 1340 S. :ain Street, STE 305 Grapevine, Texas 76051 Phone: 817-803-3287 Fax: Email: roger syisioncommercial.com TREC License No.: 9000294 Page 23 Produced with zipForm0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE TITLE COMPANY RECEIPT: The Title Company acknowledges receipt of this Contract on (the Effective Date). Upon receipt of the Earnest Money, the Title Company accepts the Earnest Money subject to the terms and conditions set forth in this Contract. TITLE COMPANY: By: (Signature) Name: Title: Address: Phone: Fax: Email: PERMISSION TO USE: This form is provided for use by members of the North Texas Commercial Association of Realtors®, Inc. ("NTCAR'), members of the North Texas Commercial Association of Real Estate Professionals, Inc., and other licensed users of an NTCAR electronic forms system. Permission is given to make limited copies of the current version of this form for use in a particular Texas real estate transaction. Please contact the NTCAR office to confirm you are using the current version of this form. Mass production, or reproduction for resale, is not allowed without express permission. Any changes to this form must be made in a manner that is obvious. If any words are deleted, they must be left in the form with a line drawn through them. If changes are made that are not obvious, the person who made the change could be subject to a claim of fraud or misrepresentation for passing off an altered form as if it were the genuine NTCAR form. ©Copyright 2015 NTCAR - Form No. 1 (11/2015) Page 24 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com DELETE Vision Commercial Real Estate NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® ADDENDUM B-1 TO COMMERCIAL CONTRACT OF SALE THIRD PARTY FINANCING Property address or description: Southern 1.60459 acres property described in Constable's Deed recorded in real estate records of Collin County, Texas CC# 20151207001523850 (Vol. 952, PG 911) X 1. THIRD PARTY FINANCING. [Choose one]: This Contract is subject to Purchaser obtaining approval from a third party lender of financing in the amount of $ , payable in monthly installments based on an amortization of not less than years, with a payment term of not less than years, and with the initial interest rate notto exceed 0/0 per annum for the first years of the loan. This Contract is subject to Purchaser obtaining approval from a third party lender of financing upon terms acceptable to Purchaser. 2. APPLICATION. Purchaser shall apply for the desired third party financing approval within seven days after the Effective Date and shall use reasonable efforts to obtain the financing approval. 3. FINANCING CONTINGENCY. If Purchaser does not obtain the financing approval by the date that is days (the "Financing Contingency Period") after the Effective Date, then Purchaser may terminate this Contract by delivering a written notice to Seller within five days after the end of the Financing Contingency Period (but in any event before the Closing). Purchaser shall deliver a written notice to Seller confirming Purchaser has obtained the financing approval promptly after Purchaser receives the approval. If Seller does not receive that notice on or before the date that is two business days after the end of the Financing Contingency Period, then Seller may terminate this Contract by delivering a written notice to Purchaser at any time thereafter until Seller receives that notice (but in any event before the Closing). If either party terminates this Contract pursuant to this Section, the Earnest Money will be returned to Purchaser. ©Copyright 2015 NTCAR - Form No.1 (11/2015) ADDENDUM B-1 Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Fax: 8177044621 DELETE Roger Smeltzer Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Vision Commercial Real Estate NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® EXHIBIT "A" TO COMMERCIAL CONTRACT OF SALE LEGAL DESCRIPTION Property address or description: Southern 1.60459 acres property described in Constable's Deed recorded in real estate records of Collin County, Texas CC# 20151207001523850 (Vol. 952, PG 911) Vision Commercial Real Estate, 3312 Stonecrest Dr Grapevine TX 76051 Phone: 8173202600 Fax: 8177044621 DELETE Roger Smeltzer Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com ADDENDUM TO COMMERCIAL CONTRACT OF SALE (THE "CONTRACT') by and between City of Wylie, Texas, a Texas municipality ("Seller") and Mulligan Foods RE 2, LLC and/or Assignees ("Purchaser") for sale and purchase of the southern -most 1.60459 acres of a certain unimproved property described in Constable's Deed recorded in the Official Public Records of Collin County, Texas under CC# 20151207001523850 (Vol. 952, Pg. 911) (the "Property") The provisions of this Addendum modify and amend the Contract and all other addenda to which this Addendum is attached. In the event of conflict between the teiizis and conditions of the Contract and of all other addenda attached thereto and the terms and conditions of this Addendum, the terms and conditions of this Addendum shall govern and control. The defined terms used herein, not otherwise defined in this Addendum, shall have the meaning ascribed to them in the Contract. 1. Any reference made to days or number of days in the Contract and this Addendum shall mean calendar days unless otherwise expressly defined or specified therein. 2. Any reference made to 'this Contract', 'the Contract', `Contract' or any other form of the word Contract herein shall mean the Contract, together with all other addenda and this Addendum. 3. That certain 4.67 acres unimproved tract described in Constable's Deed recorded in the Official Public Records of Collin County, Texas under CC# 20151207001523850 (Vol. 952, Pg. 911) is referred to herein as the "Parent Tract." 4. Section 4.0 of the Contract is hereby amended by adding the following sentence at the end of the first paragraph of Section 4.C; "Purchaser shall deliver to the Title Company the Earnest Money required under this Section 4.0 within ten (1.0) days after the Effective Date." 5. Section 5.A of the Contract is hereby amended by adding the following paragraph in place of the first section crossed out on the Contract; "Within 30 days after the Effective Date, Seller shall deliver to Purchaser and to the Title Company a new survey of the Property prepared at Seller's sole expense in a form in strict compliance with the requirements listed in this Section 5.A and to the satisfaction of Purchaser and the Title Company." 6. Section 10.B(1) of the Contract is hereby amended by deleting the phrase "after the Effective Date" at the end of the first sentence and replacing the deleted phrase with the following phrase; Addendum to Commercial Contract of Sale Pg. 1 Last Update: 11/7/2019 3:07 PM "after the date on which Purchaser receives the last of Seller's documents required under Section 5 of the Contract." 7. Section 10.B(2) of the Contract is hereby amended by adding the following sentence to the end of this Section; "Upon Purchaser's exercise of its right to extend the Inspection Period in accordance with this Section 10.B(2), as amended, the Earnest Money shall become non-refundable to Purchaser unless the Contract is terminated by a default by Seller." 8. Section 10.C(a) of the Contract is hereby amended by adding the following paragraphs to the end of this Section; "Seller shall deliver to Purchaser the "Phasel" report within 30 days after the Effective Date. If the results found in the "Phase 1" report determines that a written "Phase 2" report is necessary, then Seller shall, at Seller's sole expense, cause a written "Phase 2" report to be prepared by an environmental consultant reasonably acceptable to Purchaser and deliver the same to Purchaser within 20 days after the date on which Purchase notifies Seller in writing of such determination." "Purchaser hereby acknowledges that Seller, as the responsible party, is currently undergoing a voluntary cleanup program through the Texas Commission on Environmental Quality ("TCEQ"), TCEQ Voluntary Cleanup Program ID Number 2964 (the "VCP"), for the remediation of the prior contamination at the Property. Within ten (10) days after the Effective Date, Seller shall deliver to Purchaser all correspondences and documents Seller has in its possession related to the VCP. Further, Seller shall deliver a final VCP certificate of completion issued by TCEQ (the "VCP Certificate") within thirty (30) days after the expiration of the Inspection Period. The VCP Certificate shall meet the requirements of Purchaser's lender. Seller's failure to timely deliver all Seller's reports and documents, including the VCP Certificate, required under this Section 10.C(a), as amended, shall constitute a default by Seller." 9. The Closing under Section 15.A of the Contract shall be held no later than the 30th day after the occurrence of the last of the following events; a. the expiration of the Inspection Period; b. Purchaser's replat of the Property separating the Property from the Parent Tract and the recordation of the same in the Official Public Records of Collin County, Texas (the "Replat"); c. Seller's issuance of a street address for the Property; Addendum to Commercial Contract of Sale Pg. 2 Last Update: 11/7/2019 3:07 PM d. Purchaser's receipt of the approval by the City of Wylie of either a special use permit or an appropriate zoning change, if such approval is necessary for the purposes of Purchaser's intended use of the Property; and e. Seller's delivery to Purchaser of the VCP Certificate. 10. Section 1.6.A of the Contract is hereby amended by adding the following sentence to the end of the section; "The foregoing will be Purchaser's sole and exclusive remedies for Seller's default." 11. Notwithstanding any provisions to the contrary in the Contract, any subsequent amendment(s) to the Contract, or any addenda to the Contract, in the event Seller fails to deliver the items listed under the preceding Section 8 hereinabove on or before February 15, 2020, such failure shall constitute a default by Seller and Purchaser shall be released from Purchaser's obligation to close the transaction contemplated in the Contract and shall receive the Earnest Money, together with any other damages or compensations allowed to Purchaser under the Contract, and the Contract shall immediately terminate and be of no further force or effect without any further liability or obligation to the other, except as otherwise expressly provided herein. 12. Section 18.A of the Contract is hereby amended by deleting it in its entirety and replacing it with the following; "The Fee will be earned upon the successful closing and funding of the transaction described in this Contract. Each party represents and warrants to the other that except for the entities and/or individuals identified on page 23 of the Contract, no brokers or finders have been engaged by it in connection with the transaction contemplated by this Contract, or, to its knowledge, is in any way connected with any such transaction. In the event of any claim for Brokers' or finders' fees or commissions in connection with the negotiation, execution, or consummation of this Contract, then each party, to the extent permitted by law, will indemnify, hold harmless, and defend the other party from and against any such claim based on any statement, representation, or agreement made by or allegedly made by the party. This indemnity expressly will survive the Closing or termination of this Contract." 13. Notwithstanding any provisions to the contrary in the Contract, any subsequent amendment(s) to the Contract, or any addenda to the Contract, Purchaser shall not be responsible for or held liable for the Professional Service Fee, either in whole or part, under Section 18 of the Contract. Addendum to Commercial Contract of Sale Pg. 3 Last Update: 11/7/2019 3:07 PM 14. The "Financing Contingency Period" under Section 3 of Addendum B-1 to the Contract "Third Party Financing" shall expire on the 15th day after the date on which Seller delivers the VCP Certificate to Purchaser. 15. Seller and Purchaser hereby agree to share the cost of the construction of an access road, in equal share, along the western boundary line of the Property. Seller (or Purchaser) shall be responsible for the construction of the road. The Parties agree to use their commercially reasonable efforts to negotiate and execute an acceptable form of a construction agreement for the road prior the expiration of the Inspection Period. 16. Purchaser shall, at its sole expense, install a vapor barrier during its construction of a 10,000 square foot multi -tenant commercial structure (the "Shopping Center"). Seller shall reimburse Purchaser its actual cost of the installation of the vapor barrier upon the issuance of the certificate of occupancy for the Shopping Center. The Parties agree to use their commercially reasonable efforts to negotiate and execute an acceptable form of an escrow agreement prior the expiration of the Inspection Period for Seller's deposit of $50,000.00 at the Closing. 17. The Parties agree to cooperate in good faith to satisfy all requirements prescribed under the Texas Local. Government Code (the "Code") pertaining to the sale of a real property at a `below -market' price and/or an economic development program agreement under chapter 380 of the Code. 18. Purchaser will deliver its current building elevations for the Property to Seller prior to expiration of the Inspection Period for review and approval by Seller. The City's right to approve the building elevations and materials for the Property will be included in the deed to be delivered to Purchaser at Closing as deed restrictions. The parties agree that upon completion of construction of the applicable improvements in accordance with the approved building elevations and materials, the City shall execute and record an instrument releasing the Property from the deed restrictions. 19. Purchaser shall complete and file the Replat, at Purchaser's expense, within one hundred eighty (180) days from the Effective Date of the Contract. Seller hereby covenants that it will cooperate in good faith, with due diligence as necessary, to assist Purchaser's efforts to complete and file the Replat. Seller shall reimburse Purchase the full actual expenses Purchaser incurred in completing and filing the Replat, up to but not to exceed $5,000.00. 20. Neither Seller nor any of its council members (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order No. 13224, 66 Fed. Addendum to Commercial Contract of Sale Pg. 4 Last Update: 11/7/2019 3:07 PM Reg. 49079 (September 25, 2001) (the "Order"); (ii) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of OFAC or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the "Orders"); (iii) is engaged in activities prohibited in the Orders; or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering. 21. Neither Purchaser nor any of its members, partners, shareholders, or stockholders (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC pursuant to the Order; (ii) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Orders; (iii) is engaged in activities prohibited in the Orders; or (iv) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering. 22. Pursuant to the requirements of Texas Government Code Chapter 2270, Purchaser verifies that it does not boycott Israel, and it will not boycott Israel during the term of the Contract. 23. The following AS -IS provision is hereby incorporated into the Contract and shall also be included in the deed to be delivered to Purchaser at Closing: AS IS. IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS THE CONTRACT AND THIS ADDENDUM TO THE CONTRACT, AND EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THE DEED, (A) THE PROPERTY IS SOLD BY SELLER AND PURCHASED AND ACCEPTED BY PURCHASER ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS" BASIS, SUBJECT TO ANY CONDITION WHICH MAY EXIST, AND WITHOUT THE EXISTENCE OF AND WITHOUT RELIANCE UPON ANY REPRESENTATION, WARRANTY, AGREEMENT, OR STATEMENT BY SELLER, OR ANYONE ACTING ON BEHALF OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY BROKER, ENGINEER, ARCHITECT, ATTORNEY, SURVEYOR, APPRAISER, OR ENVIRONMENTAL CONSULTANT; (B) PURCHASER HAS OR WILL HAVE, PRIOR TO THE CLOSING, THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER TO EVALUATE THE PURCHASE OF THE PROPERTY ON THE FOREGOING BASIS; (C) PURCHASER IS RELYING SOLELY UPON SUCH INSPECTIONS, EXAMINATION, AND EVALUATION OF THE PROPERTY BY PURCHASER IN PURCHASING THE Addendum to Commercial Contract of Sale Pg. 5 Last Update: 11/7/2019 3:07 PM PROPERTY ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTY, AGREEMENT OR STATEMENT BY SELLER OR ANYONE ACTING ON BEHALF OF SELLER, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, OTHER THAN THE WARRANTY OF TITLE CONTAINED IN THE DEED; AND (D) PURCHASER HEREBY ASSUMES THE RISK THAT ENVIRONMENTAL CONDITIONS (AS DEFINED HEREIN) MAY EXIST ON THE PROPERTY AND HEREBY RELEASES SELLER OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS OR EXPENSES (COLLECTIVELY THE "CLAIMS") WHICH MIGHT ARISE OUT OF OR IN CONNECTION WITH THE ENVIRONMENTAL CONDITION OF THE PROPERTY. AS USED HEREIN, THE TERM "ENVIRONMENTAL CONDITION" SHALL MEAN ANY CONDITION WITH RESPECT TO THE PROPERTY WHICH COULD OR DOES RESULT IN ANY CLAIM AGAINST THE OWNER OF THE PROPERTY BY ANY THIRD PARTY (INCLUDING ANY GOVERNMENTAL ENTITY) UNDER (1) THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. § 9601 ET SEQ., (2) THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C. § 6901 ET SEQ., (3) THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. § 2601 ET SEQ., (4) THE OIL POLLUTION ACT, 33 U.S.C. § 2701 ET SEQ., (5) THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. § 2601 ET SEQ., (6) THE CLEAN WATER ACT, 33 U.S.C. § 1251 ET SEQ., (7) THE CLEAN AIR ACT, 42 U.S.C. § 7401 ET SEQ., (8) THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. § 1801 ET SEQ., (9) THE OCCUPATIONAL SAFETY AND HEALTH ACT, 29 U.S.C. § 651 ET SEQ., (10) THE TEXAS SOLID WASTE DISPOSAL ACT, TEX. HEALTH & SAFETY CODE ANN. §361, ET SEQ., AND/OR (11) SIMILAR STATE AND LOCAL LAWS, NOW OR HEREAFTER EXISTING, ALL AS AMENDED FROM TIME TO TIME, AND ALL REGULATIONS, RULES AND GUIDANCE ISSUED PURSUANT THERETO, INCLUDING, WITHOUT LIMITATION, ANY CONDITION RESULTING FROM OPERATIONS CONDUCTED ON THE PROPERTY OR ON PROPERTY ADJACENT THERETO. SELLER SHALL NOT HAVE (AND PURCHASER WAIVES) ANY OBLIGATION TO DISCLOSE FACTS REGARDING THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL CONDITION AFFECTING THE PROPERTY), REGARDLESS OF WHETHER SUCH FACTS ARE DISCOVERABLE BY THE PURCHASER. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR ANY TERMINATION HEREOF AND SHALL BE CONTAINED IN THE DEED. NOTWITHSTANDING THE FOREGOING, AND AS A MATERIAL INDUCEMENT FOR PURCHASER TO EXECUTE THE CONTRACT AND THIS ADDENDUEM TO THE CONTRACT AND TO CONSUMMATE THE TRANSACTION Addendum to Commercial Contract of Sale Pg. 6 Last Update: 11/7/2019 3:07 PM CONTEMPLATED BY THE CONTRACT AND HEREBY, SELLER HEREBY REPRESENTS, WARRANTS, AND COVENANTS TO PURCHASER THAT THE REMEDIATION OF THE PRIOR CONTAMINATION AT THE PROPERTY HAS BEEN FULLY COMPLETED OR WILL BE COMPLETED BY THE CLOSING DATE AND THAT TCEQ HAS ISSUED OR WILL ISSUE BY THE CLOSING DATE THE VCP CERTIFICATE FOR THE PROPERTY. TO SELLER'S KNOWLEDGE, THE PROPERTY IS OR WILL BE DECLARED SUITABLE FOR REDEVELOPMENT FOR PURCHASER'S INTENDED USE. [SIGNATURE PAGES TO FOLLOW] Addendum to Commercial Contract of Sale Pg. 7 Last Update: 11/7/2019 3:07 PM SELLER SIGNATURE PAGE SELLER City of Wylie A Texas municipality By: Name: Chris Holsted Its: City Manager Date: Addendum to Commercial Contract of Sale Seller's Signature Page - Pg. 8 PURCHASER SIGNATURE PAGE PURCHASER: Mulligan Foods RE 2, LLC A Texas limited liability company By: Name: Todd Knight Its: Manager Date: Addendum to Commercial Contract of Sale Purchaser's Signature Page - Pg. 9 Meeting Date: December 10, 2019 Department: Prepared By: Finance Finance Date Prepared: December 3, 2019 Wylie City Council Item Number: (City Secretary's Use Only) Account Code: 100-5211-52070 Exhibits: 2 Consider, and act upon, Ordinance No. 2019-38 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Motion to approve Ordinance No. 2019-38 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. The Police Department would like to purchase Police Analytics Dashboard software from Brigade Management, Inc. The software would provide crime and incident analysis for the Police Department. The software agreement would be for two years at a total price of $22,000 which includes upgrades and support for the term of the agreement. After the initial two years, the software expense will become part of the base operating expenses. The software will be funded by the state seized fund balance of approximately $37,000, which is part of the restricted General. Fund fund balance and is to be used for Police Department needs only. The restricted funds are not part of the unassigned General Fund balance used to calculate our required 30% fund balance. Page 1 of 1 ORDINANCE NO. 2019-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 201.9-27, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2019-2020; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2019-27 setting forth the Budget for Fiscal Year 2019-2020 beginning October 1, 2019, and ending September 30, 2020; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2019- 2020 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2019-2020 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2019-38, are, completely adopted and approved as amendments to the said FY 2019-2020 Budget. SECTION II: All portions of the existing FY 2019-2020 Budget and Ordinance No. 2019- 27, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub -division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No. 2019-38 — Budget Amendment FY 2019-2020 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of December, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2019-38 — Budget Amendment FY 2019-2020 Budget Amendment Police Analytics Dashboard Software Fund Department Account Number Account Description Debit 100 5211 52070 Computer Software 22,000.00 Exhibit A Credit Meeting Date: December 10, 2019 Department: Prepared By: Finance Finance Date Prepared: December 4, 2019 Wylie City Council Item Number: 6 (City Secretary's Use Only) Account Code: Various Exhibits: 2 Consider, and act upon, Ordinance No. 2019-39 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Motion to approve Ordinance No. 2019-39 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. The Watch Guard Digital Video System was included in the budget as a lease and the principal and interest payment for the lease is included in the FY 2020 budget. The purchase is being paid for through a loan from Government Capital Corporation. The accounting rules for a loan are different than a lease and a budget amendment is required to show the budget for the purchase price in the expense accounts and the revenue from the loan proceeds in the revenue account (see Exhibit A). This amendment is budget neutral. The amount of the loan will be $384,242.85. Page 1 of 1 ORDINANCE NO. 2019-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 201.9-27, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2019-2020; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2019-27 setting forth the Budget for Fiscal Year 2019-2020 beginning October 1, 2019, and ending September 30, 2020; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2019- 2020 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2019-2020 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2019-39, are, completely adopted and approved as amendments to the said FY 2019-2020 Budget. SECTION II: All portions of the existing FY 2019-2020 Budget and Ordinance No. 2019- 27, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub -division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No. 2019-39 — City Council Budget Amendment FY 2019-2020 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of December, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2019-39 — City Council Budget Amendment FY 2019-2020 Budget Amendment Police Watchguard Digital Video System Fund Department Account Number Account Description 100 5211 52130 Tools/Equipment non capital 100 5231 52130 Tools/Equipment non capital 100 5251 52130 Tools/Equipment non capital 100 5211 54810 Computer Hardware/Software 100 4000 49325 Bank Note Proceeds Debit 247,375.45 5,792.00 28,958.00 102,117.40 Exhibit A 384,242.85 Meeting Date: December 10, 2019 Department: Planning Prepared By: Jasen Haskins Date Prepared: December 2, 2019 Wylie City Council Item Number: 7 Account Code: Exhibits: 2 (City Secretary's Use Only) Consider, and act upon, a revised Preliminary Plat of Brookside Estates creating 61 residential lots and six HOA lots on 14.599 acres, generally located on Stone Road approximately 1900' east of Kreymer Lane. Motion to approve with conditions, a revised Preliminary Plat of Brookside Estates creating 61 residential lots and six HOA lots on 14.599 acres, generally located on Stone Road approximately 1900' east of Kreymer Lane. All conditions imposed on the approved plat from July 9, 2019 (attached as Exhibit B) shall remain in effect with the exception of removing note #12 regarding the requirement for automatic fire sprinklers, and adding a note as shown as note #13 of the revised plat (attached as Exhibit A) in regards to the requirement for an access and fire lane easement into the Grayhawk Subdivision for the provision of a second access point. On July 9, 2019.City Council approved with conditions, a preliminary plat for Brookside Estates. That preliminary plat, consisted of 68 residential lots on 1.4.599 acres. A condition Council imposed on the approval of the July 2019 preliminary plat was a requirement for each residential dwelling to include an automatic sprinkler system. This condition stemmed from the subdivision having only one access point. The applicant is requesting Council reconsider replacing that condition with a condition that a fire lane and access easement be required on the northeast of the property into the existing Grayhawk subdivision. The proposed language is included as note #13 on the revised preliminary plat (Exhibit A). The applicant, a new owner of the property from the original applicant, has made other modifications to the preliminary plat that include: - Removing the median on Remington Way (due to the inclusion of the proposed second access point). - Increasing the minimum lot width to 45' from the previous 40'. - Reducing the residential lot count from 68 to 61. As the request is for an approval with conditions, a letter of certified conditions will be provided to the applicant, if approved, as required by State Law. Page 1 of 1 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Meeting Date: December 10, 2019 Department: City Secretary Wylie City Council Item Number: Prepared By: City Secretary Account Code: (City Secretary's Use Only) Date Prepared: October 24, 2019 Exhibits: Resolution, RCAD letter Tabled from 11-12-2019 Remove from table and consider Consider, and act upon, Resolution No. 2019-34(R) casting a vote for a candidate(s) to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. Tabled from 11-12-2019 Remove from table and consider Motion to approve Resolution No. 2019-34(R) casting vote(s) for as a candidate to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. The City of Wylie has 10 votes that they may cast for a candidate(s) to the Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning January 1, 2020. There are currently five positions open on the board for expiring terms. Nominated candidates that were submitted to the Rockwall Central Appraisal District by cities within the RCAD District include: Caleb Baucom, David Billings, John Hohenshelt, Lorne Liechty, Mark Moeller, Russell Summers, Patrick Trowbridge. The City of Wylie may cast all of its 10 votes for one candidate or distribute the votes among any number of candidates that were nominated. Council is asked to adopt a resolution casting its votes for a candidate(s) for the Board of Directors of the Rockwall Central Appraisal District. The resolution and ballot must be submitted no later than December 15, 2019. Page 1 of 1 RESOLUTION NO. 2019-34(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, ROCKWALL COUNTY, TEXAS, CASTING ITS VOTE FOR A MEMBER OF THE BOARD OF DIRECTORS OF THE ROCKWALL CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, in accordance with Section 6.03(G) of the State Property Tax Code, the City of Wylie is required to cast votes for a candidate to Board of Directors of the Central Appraisal District; and WHEREAS, the City of Wylie has 10 votes to cast and said votes must be cast no later December 15, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The City Council of the City of Wylie, Texas does hereby cast and confirm its 10 votes as provided for on the attached ballot, to the Board of Directors of the Rockwall Central Appraisal District. SECTION 2: The City Secretary is hereby directed to submit the official ballot, written Resolution, and notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 10th day of December, 2019. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2019-34(R) — Rockwall Central Appraisal District Election of Board of Directors CITY OF WYL|E MAYOR ERIC HDGUE 3O0COUNTRY CLUB ROAD, BLDG 1 WYLIE, TX 75098 Dear Mayor Hog *body of each taxing unit enti 0 Please co KevnPannons Chief Appraiser ide 6.03 0) states: r 30, the chief appraiser shal nely submitted... ide 6.03 (k) states: submit it to the chief apprais votes, declare the five candi and submit the results befor( ot with a list of all eligible nominees, a nd a column for number of votes cast. ng unit should complete the number o ng unit may only cast the total numbei av be cast for one r)erson or divided a A idates whose 841 Justin Road Metro: 972-771-2034 Rockwall, TX75O07 Toll Free: I-877-438-5304 Fax: 972-771-6071 I1 6 i l 1 11 2020-2021 Rockwall Central Appraisal District Board of Directors Nominee Caleb Baucom David Billings John Hohenshelt Lorne Liechty Name of Voting Entity Number of Votes Cast Mark Moeller Russell Summers Patrick Trowbridge Ballots must be returned before December 15, 2019