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03-03-2021 (WEDC) Agenda Packet Wylie Economic Development Corporation Regular Meeting YLIE, � X ECONOMIC DEVELOPMEN T CORPORATION March 3, 2021 — 8:30 a.m. Council Conference Room- 300 Country Club Road, Building#100, Wylie, TX 75098 CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE COMMENTS ON NON-AGENDA ITEMS Any member of the public may address the Wylie EDC Board regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Wylie EDC requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, the Wylie EDC 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 Wylie EDC 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 Minutes from the January 20, 2021 Regular Meeting and the February 5, 2021 Special Called Meeting of the WEDC Board of Directors. B. Consider and act upon approval of the January 2021 WEDC Treasurer's Report. ACTION ITEMS 1. Consider and act upon a Performance Agreement between the WEDC and Ballers Elite -The Lab LLC. 2. Consider and act upon the award of bid for the F.M. 544 waterline extension to CalHar Construction, Inc. in the amount of$207,584 and further authorizing the Executive Director to execute any and all necessary documents. DISCUSSION ITEMS 3. Staff report: WEDC Property Update, License Agreement, WEDC Office/Insurance Claim, Engineering Report, Mid-Year Budget Amendments, Upcoming Events, and WEDC Activities/Programs. EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. ES 1. Consider the sale or acquisition of properties located at FM 544 and Cooper, Jackson and Oak, Regency and Steel, State Hwy 78 and Alanis, State Hwy 78 and Birmingham, State Hwy 78 and Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-10a, 2018-9b, 2020- 10b, 2020-11 b, 2021-1 d, 2021-1 f, 2021-2b and 2021-2c. Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. ES3. Executive Director's Annual Review. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. FUTURE AGENDA ITEMS ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on February 26, 2021 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100, Wylie, Texas,a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972-516-6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the WEDC should determine that a closed or executive meeting or session of the Corporation 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 WEDC at the date, hour and place given in this notice as the WEDC may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071 Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange, lease or value of real property. § 551.073—Discussing prospective gift or donation to the City. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.076—Discussing deployment of security personnel or devices or security audit. § 551.087—Discussing certain economic development matters. Minutes Wylie Economic Development Corporation Board of Directors Meeting January 20, 2021 — 8:30 A.M. 300 Country Club Road, Building#100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum President Demond Dawkins called the regular meeting to order at 8:30 a.m. Board Members present were John Yeager,Melisa Whitehead, and Gino Mulliqi. Board Member Tim Gilchrist was absent. Ex-Officio Member Mayor Matthew Porter arrived at 8:32 a.m. and City Manager Chris Hoisted was present at the call to order. WEDC staff present included Executive Director Jason Greiner, BRE Director Angel Wygant, and Senior Assistant Rachael Hermes. INVOCATION& PLEDGE OF ALLEGIANCE Board Member Whitehead gave the invocation and led the Pledge of Allegiance. CITIZEN PARTICIPATION With no citizen participation, President Dawkins moved to Consent Agenda. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the WEDC Board of Directors and will be enacted by one motion. There will not be 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 January 7, 2021 Minutes of the WEDC Board of Directors Meeting. B. Consider and act upon approval of the December 2020 WEDC Treasurer's Report. Board Action A motion was made by John Yeager, seconded by Melisa Whitehead, to approve the Consent Agenda as presented. A vote was taken, and the motion passed 4-0. ACTION ITEMS 1. Consider and act upon issues surrounding 2020 WEDC Annual Report. Staff Comments Staff discussed the 2020 WEDC Annual Report and the annual report provided to the Texas Comptroller's Office, noting that some revenues and expenses are categorized differently per the requirements of the Comptroller's Report versus what is typically seen in the monthly Treasurer's Reports. For example, the Comptroller's Office requires that expenses within Special Services be distributed into categories for reporting purposes and revenues related to the sale of assets are WEDC—Minutes January 20, 2021 Page 2 of 4 reported showing full purchase price versus the accrual-based accounting method of reporting with Gain/Loss Sale of Capital Asset in the Treasurer's Reports. Staff discussed the full Annual Report as provided within the board packet for the Board's review and approval. As per the WEDC Bylaws, the WEDC must present an annual report to the Wylie City Council no later than January 31'of each year. The report must include, but is not limited to, a review of expenditures made by the Board, a review of accomplishments, and a review of other than direct economic development. Staff noted the need for a couple of minor changes to wording within the document but believes the Report presented meets the intent of the requirements of the Bylaws with the same being presented to the Wylie City Council on January 26, 2021. Board Action A motion was made by Gino Mulliqi, seconded by John Yeager, to approve the 2020 WEDC Annual Report with minor changes and present the same to the Wylie City Council for their review. A vote was taken, and the motion passed 4-0. 2. Consider and act upon a Commercial Lease Agreement for office space at 250 South Hwy 78. Staff Comments Staff discussed the need to consider lease renewal of the current Wylie EDC office space, noting that the current lease amount of$2,250 had been negotiated for an additional 5 years. Staff noted that the lease had been renewed two previous times, both for 5-year extensions. The Board discussed various options including co-locating with the Wylie Chamber of Commerce to take advantage of synergies between the missions of the organizations; relocating to City of Wylie office space; or pursuing new office space in the downtown area to preserve autonomy from the city and stay in close proximity to the business community. Board Action A motion was made by Gino Mulliqi, seconded by Melisa Whitehead, to exercise a 12-month extension of a Commercial Lease between the WEDC and Wylie Industrial Court Development, Ltd. for the lease of office space at 250 S. Highway 78, Wylie, Texas in an amount not to exceed $2,500 per month. A vote was taken, and the motion passed 4-0. DISCUSSION ITEMS 3. Discuss issues surrounding citizen comment at WEDC Board Meetings. Staff provided the Board with information regarding the procedure for allowing citizen comment, noting that City Council had passed Ordinance 2019-29 which further addresses rule of procedure for public comment. The Board discussed maintaining consistency with City Council in this regard. Mayor Porter added that City Council allows for discussion at the beginning of the meeting for non-agenda items and an opportunity to speak regarding each item throughout the meeting. Staff noted that any comments or concerns received via email would be sent to the Board in full transparency. 4. Staff report: WEDC Property Update, Engineering Report, Upcoming Events, Future Agenda Items, and WEDC Activities/Programs. Staff noted the inclusion of"Future Agenda Items"within the staff report discussion and discussed the option to include it as a standalone item on future agendas. WEDC—Minutes January 20, 2021 Page 3 of 4 Sales tax revenues allocated in December for the October filing period were up 3.85% for the month. Revenues allocated in January for the September filing period are up 20%over the previous FY. Staff discussed updates to the marketing calendar, noting the addition of the Retail Coach presentation to City Council on 2/23, a"PPP and EIDL Explained" presentation sponsored in part by the WEDC on 1/21 (with a possible follow-up session with CPA's),and TEDC Basic from 3/22- 3/26. Staff noted the inclusion of the quarterly Inventory Subledger report and the Regional Housing Permit summary for the Board's review. Staff and the Board discussed the opportunity for Retail Coach to integrate with downtown businesses and share infoiination that might be beneficial to them. Staff discussed overall community marketing and the use of technology to promote downtown businesses and events. EXECUTIVE SESSION Recessed into Closed Session at 9:42 a.m. in compliance with Section 551.001, et. seq. Texas Government Code, to wit: Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Consider the sale or acquisition of properties located at: • State Highway 78 &Alanis • State Highway 78 &Birmingham • State Highway 78 & Brown • FM 544 & Cooper • Regency & Steel Section 551.074 (Personnel Matters) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Evaluation of WEDC Executive Director Section 551.087 (Economic Development) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for projects: • 2018-8c • 2018-9b • 2018-9c • 2020-7a • 2020-11b • 2020-12a • 2021-la • 2021-lb • 2021-lc • 2021-1d • 2021-le WEDC—Minutes January 20, 2021 Page 4 of 4 RECONVENE INTO OPEN MEETING Take any action as a result from Executive Session. President Demond Dawkins reconvened into Open Session at 10:53 a.m. ADJOURNMENT With no further business,President Dawkins adjourned the WEDC Board meeting at 10:53 a.m. Demond Dawkins,President ATTEST: Jason Greiner,Executive Director Minutes Wylie Economic Development Corporation Board of Directors Special Called Meeting February 5, 2021 — 8:30 A.M. 300 Country Club Road, Building#100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. President Demond Dawkins called the special called meeting to order at 8:31 a.m. Board Members present were John Yeager, Gino Mulliqi, and Tim Gilchrist. Board Member Melisa Whitehead was absent. Ex-Officio Members present were Mayor Matthew Porter and City Manager Chris Hoisted. WEDC staff present included Executive Director Jason Greiner, BRE Director Angel Wygant, and Senior Assistant Rachael Hermes. INVOCATION& PLEDGE OF ALLEGIANCE President Dawkins gave the invocation and led the Pledge of Allegiance. CITIZEN PARTICIPATION With no citizen participation,President Dawkins moved to Executive Session. EXECUTIVE SESSION Recessed into Closed Session at 8:33 a.m.in compliance with Section 551.001, et. seq. Texas Government Code,to wit: Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Consider the sale or acquisition of properties located at: • FM 544& Cooper • Jackson& Oak • State Highway 78 &Ballard • State Highway 78 &Brown Section 551.074 (Personnel Matters) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Evaluation of WEDC Executive Director Section 551.087 (Economic Development) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for projects: • 2018-8c • 2020-10b • 2020-11b WEDC—Minutes February 5, 2021 Page 2 of 2 RECONVENE INTO OPEN MEETING Take any action as a result from Executive Session. President Dawkins reconvened into Open Session at 9:42 a.m. and the following action was taken: Board Action A motion was made by Tim Gilchrist, seconded by John Yeager, to authorize the Executive Director to execute any and all documentation necessary to purchase .2209-acre tract at the corner of Hwy 78 & Brown St. from TxDOT in the amount of$78,540. A vote was taken, and the motion passed 4-0. FUTURE AGENDA ITEMS There were no Items requested for inclusion on future agendas. ADJOURNMENT With no further business, President Dawkins adjourned the WEDC Board meeting at 9:42 a.m. Demond Dawkins, President ATTEST: Jason Greiner, Executive Director �a ECONOMIC DEVELOPMENT PMENCORPORATION Wylie Economic Development Board AGENDA REPORT Meeting Date: March 3, 2021 Item Number: B Department: WEDC (Staff Use Only) Prepared By: Jason Greiner Account Code: Date Prepared: 2/12/21 Exhibits: 4 Subject Consider and act upon approval of the January 2021 WEDC Treasurer's Report. Recommendation Motion to approve the January 2021 WEDC Treasurer's Report. Discussion Presented for the Board's review and approval is the January 2021 Treasurer's Report detailing the month and year-to-date financial transactions and performance against budget. In this report you will find the Revenue and Expense Report, Statement of Net Position, Balance Sheet, and Sales Tax Report. REVENUES: Sales Tax Revenue earned in November, allocated in January, was $262,263.52, an increase of 20.02% over the same period in 2020. EXPENSES: Incentives $35,248.17 CSD Woodbridge- Quarterly Sales Tax Reimbursement $15,000 Wylie Insurance Agency- Incentive 1 of 2 $12,500 Wylie Insurance Agency- Incentive 2 of 2 Page 1 of 1 Wylie Economic Development Corporation MONTHLY FINANCIAL REPORT January 31,2021 ANNUAL CURRENT PRIOR YEAR PO YTD YTD ACTUAL BUDGET BALANCE %OF BUDGET BUDGET MONTH ADJUST. ENCUMBRANCE ACCOUNT DESCRIPTION FY 2020-2021 FY 2020-2021 FY 2020-2021 FY 2020-2021 REVENUE SUMMARY CLAIM ON CASH/Bal Sheet $ 1,407,509.00 $ 1,791,098.16 SALES TAX $ 2,968,437.00 $ 262,263.52 $ - $ 497,644.85 $ - $ 2,470,792.15 16.76% A ALLOCATED INTEREST EARNING: $ 6,000.00 $ 31.62 $ - $ 206.88 $ - $ 5,793.12 3.45% RENTAL INCOME $ 153,240.00 $ 9,055.00 $ - $ 37,630.00 $ - $ 115,610.00 24.56% GAIN/LOSS-SALE OF PROPERTY $ 164,500.00 $ - $ - $ (208.00) $ - $ 164,708.00 -0.13% BANK NOTE PROCEEDS $ - $ - $ - $ - $ - $ - 0.00% REVENUES $3,292,177.00 $ 271,350.14 $ - $ 535,273.73 $ - $ 2,756,903.27 16.26% EXPENDITURE SUMMARY PERSONNEL $ 336,516.00 $ 25,600.55 $ - $ 102,798.32 $ - $ 233,717.68 30.55% OPERATING EXPENSES $ 56,703.00 $ 3,028.08 $ - $ 18,402.51 $ 2,486.54 $ 35,813.95 36.84% B INCENTIVES $ 1,130,310.00 $ 62,748.17 $ - $ 400,248.17 $ - $ 730,061.83 35.41% SPECIAL SERVICES $ 88,481.00 $ 2,379.57 $ - $ 15,830.80 $ 611.09 $ 72,039.11 18.58% ADVERTISING $ 114,100.00 $ 300.00 $ - $ 14,025.87 $ 2,038.38 $ 98,035.75 14.08% COMMUNITY DEVELOPMENT $ 44,550.00 $ 1,071.14 $ - $ 3,200.92 $ - $ 41,349.08 7.19% TRAVEL&TRAINING $ 62,600.00 $ 229.00 $ - $ 1,229.90 $ 5,000.00 $ 56,370.10 9.95% DUES&SUBSCRIPTIONS $ 30,018.00 $ 4,028.35 $ - $ 15,953.32 $ - $ 14,064.68 53.15% AUDIT&LEGAL $ 33,000.00 $ - $ - $ 3,370.00 $ 1,451.00 $ 28,179.00 14.61% ENGINEERING&ARCHITECTURAL $ 87,500.00 $ 2,356.25 $ - $ 37,450.28 $ 1,816.25 $ 48,233.47 44.88% DEBT SERVICE $ 541,878.00 $ 50,733.93 $ - $ 202,025.54 $ - $ 339,852.46 37.28% LAND $ - $ - $ - $ - $ - $ - 0.00% INFRASTRUCTURE PROJECTS $ 1,005,000.00 $ - $ - $ 186,680.00 $ - $ 818,320.00 18.58% FURNITURE&FIXTURES $ 2,500.00 $ - $ - $ 797.00 $ - $ 1,703.00 31.88% CONTRA CAPITAL $ - $ - $ - $ - $ - $ - 0.00% TOTAL EXPENDITURES $3,533,156.00 $ 152,475.04 $ - $1,002,012.63 $ 13,403.26 $ 2,517,740.11 28.74% REV OVER/(UNDER) EXPEN $ (240,979.00) $ 118,875.10 $ - $ (466,738.90) $ (13,403.26) $ 239,163.16 A. SLSTX Rev earned in Nov,allocated in Jan,was$262263.52,an increase of 20.02%over the same period in 2020. Sales Tax received for all 12 months of FY due to 2 month accrual to prior FY. B.Operating Expenses include Supplies,Maint Materials,Rental,Communication,Insurance and Utilities. Wylie Economic Development Corporation Statement of Net Position As of January 31,2021 Assets Cash and cash equivalents $ 1,793,098.16 Receivables $ 130,000.00 Note 1 Inventories $ 12,027,937.50 Prepaid Items $ - Total Assets $ 13,951,035.66 Deferred Outflows of Resources Pensions $ 95,608.55 Total deferred outflows of resources $ 95,608.55 Liabilities Accounts Payable and other current liabilities $ 39,199.22 Unearned Revenue $ 40,200.00 Note 2 Non current liabilities: Due within one year $ 263,824.78 Note 3 Due in more than one year $ 5,090,479.60 Total Liabilities $ 5,433,703.60 Deferred Inflows of Resources Pensions $ (47,711.41) Total deferred inflows of resources $ (47,711.41) Net Position Net investment in capital assets $ - Unrestricted $ 8,660,652.02 Total Net Position $ 8,660,652.02 Note 1: Includes incentives in the form of forgivable loans for$70,000(Exco) and$60,000(LUV-ROS) Note 2: Exco amortization;deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$20,727 2-12-2021 08:33 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2021 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,791,098.16 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 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 130,000.00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 12,027,937.50 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 553,249.00 14,504,284.66 TOTAL ASSETS 14,504,284.66 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 ( 20.79) 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 2,749.94 2000-20131 EDWARD JONES DEFERRED COMP 0.00 2000-20132 EMP CARE FLITS 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2-12-2021 08:33 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JANUARY 31ST, 2021 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 4,144.70 2000-20210 ACCOUNTS PAYABLE 32,265.37 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 553,249.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED INFLOW 39,000.00 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 632,648.22 EQUITY 3000-34110 FUND BALANCE - RESERVED 0.00 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 14,338,375.34 TOTAL BEGINNING EQUITY 14,338,375.34 TOTAL REVENUE 535,273.73 TOTAL EXPENSES 1,002,012.63 REVENUE OVER/(UNDER) EXPENSES ( 466,738.90) TOTAL EQUITY & OVER/(UNDER) 13,871,636.44 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 14,504,284.66 2-12-2021 08:33 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2021 922-GEN LONG TERM DEBT (WEDC) 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 DEF OUTFLOW TMRS CONTRIBUTIONS 37,997.29 1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 1,800.00 1000-19075 DEF OUTFLOW - INVESTMENT EXP 0.48 1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 55,810.78 1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 46,839.41) 1000-19126 DEF INFLOW SDBF CONTRIBUTIONS( 872.00) 47,897.14 TOTAL ASSETS 47,897.14 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 0.00 2000-20311 COMP ABSENCES PAYABLE-CURRENT 20,727.84 2000-21410 ACCRUED INTEREST PAYABLE 8,803.17 2000-28205 WEDC LOANS/CURRENT 234,293.77 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28232 ANB LOAN/EDGE 0.00 2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 2000-28234 ANB LOAN/RANDACK HUGHES 0.00 2000-28235 ANB LOAN 0.00 2000-28236 ANB CONSTRUCTION LOAN 0.00 2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 0.00 2000-28238 ANB LOAN/BUCHANAN 0.00 2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 2000-28240 HUGHES LOAN 0.00 2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 4,067,890.31 2000-28245 ANB LOAN/DALLAS WHIRLPOOL 640,776.23 2000-28247 JARRARD LOAN 174,168.89 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS 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 199,184.17 2000-29151 SDBF LIABILITY 8,460.00 TOTAL LIABILITIES 5,354,304.38 2-12-2021 08:33 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JANUARY 31ST, 2021 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,317,765.74) 3000-35900 UNRESTRICTED NET POSITION ( 120,264.00) TOTAL BEGINNING EQUITY ( 5,438,029.74) TOTAL REVENUE 0.00 TOTAL EXPENSES ( 131,622.50) REVENUE OVER/(UNDER) EXPENSES 131,622.50 TOTAL EQUITY & OVER/(UNDER) ( 5,306,407.24) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 47,897.14 Wylie Economic Development Corporation SALES TAX REPORT January 31,2021 BUDGETED YEAR DIFF % DIFF MONTH FY 2018 FY 2019 FY 2020 FY 2021 20 vs.21 20 vs.21 DECEMBER $ 184,848.59 $ 214,867.15 $ 226,663.94 $ 235,381.33 $ 8,717.39 3.85% JANUARY $ 191,895.71 $ 223,749.61 $ 218,520.22 $ 262,263.52 $ 43,743.30 20.02% FEBRUARY $ 275,667.83 $ 307,366.66 $ 362,129.18 MARCH $ 182,852.50 $ 208,222.32 $ 228,091.34 APRIL $ 163,484.89 $ 182,499.53 $ 203,895.57 MAY $ 203,707.17 $ 274,299.18 $ 289,224.35 JUNE $ 199,412.29 $ 234,173.88 $ 239,340.35 JULY $ 213,976.64 $ 215,107.94 $ 296,954.00 AUGUST $ 249,589.63 $ 283,602.93 $ 325,104.34 SEPTEMBER $ 213,425.79 $ 243,048.40 $ 259,257.89 OCTOBER $ 210,701.71 $ 224,875.38 $ 249,357.02 NOVEMBER $ 273,196.62 $ 308,324.41 $ 384,953.89 Sub-Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 497,644.85 $ 52,460.69 11.93% Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 497,644.85 $ 52,460.69 11.93% E C Sales Tax Analysis $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 2020 $150,000 2021 $100,000 $50,000 $o """Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months. Example:January SlsTx Revenue is actually November SlsTx and is therefore the 2nd allocation in FY21. �a ECONOMIC DEVELOPMENT PMENCORPORATION Wylie Economic Development Board AGENDA REPORT Meeting Date: March 3, 2021 Item Number: 1 Department: WEDC (Staff Use Only) Prepared By: Jason Greiner Account Code: Date Prepared: 2/12/21 Exhibits: 1 Subject Consider and act upon a Performance Agreement between the WEDC and Bailers Elite -The Lab LLC. Recommendation Motion to approve a Performance Agreement between the WEDC and Bailers Elite -The Lab LLC,providing for a maximum infrastructure reimbursement incentive of$20,000 and further authorizing the WEDC Executive Director to execute said Agreement. Discussion As the Board will recall, WEDC staff presented Project 2020-10b in January 2021. After further analysis and Board direction, staff took the project to City Council on February 9, 2021. In accordance with Resolution No. 2019-17(R), the Wylie City Council authorized the WEDC to formalize negotiations with Ballers Elite— The Lab LLC and enter into a Performance Agreement with the same. Ballers Elite requested assistance from the WEDC specifically related to the construction of a new 6,776 square foot building at 1400 Martinez Lane in Wylie, Texas. Ballers Elite plans to invest over$700,000 on the project over the next 6 months. The following Agreement outlines a maximum infrastructure reimbursement incentive of$20,000. The Performance Measures and Incentive Payments are identified as follows: Incentive No. 1 $20,000 ➢ Proof of Certificate of Occupancy by September 30, 2021; and ➢ Proof of Qualified Infrastructure investment no less than $20,000 ➢ Proof of Permit Fee Receipt of at least $40,000 o In the event that the Permit Fee Receipt is less than $40,000, then the WEDC will reimburse 50% of the development fees. ➢ Company is current on all ad valorem taxes and other property taxes. Page 1 of 2 Page 2 of 2 Economic Impact Analysis (EIA): The estimated valuation for this project is approximately $100/SF or $670,000. With the WEDC's Infrastructure Reimbursement of$20,000 this project will generate an estimated $109,429 in overall tax revenue for the City of Wylie over the next 10 years. So,for every $1 that the WEDC invests, this business is investing$33.50 in our community. Additional estimates of tax revenue generated includes $13,025 for Collin County, $28,500 for WISD, and $6,304 for Collin College over the next 10 years. PERFORMANCE AGREEMENT Between Wylie Economic Development Corporation And Ballers Elite - The Lab LLC. This Performance Agreement(the "Agreement") is made and entered into by and between the Wylie Economic Development Corporation ("WEDC"), a Texas corporation organized and existing under Chapter 501 of the Texas Local Government Code, known as the Development Corporation Act, as amended from time to time (the "Act") and Ballers Elite -The Lab LLC., a Texas limited liability company("Company"). RECITALS WHEREAS, Company owns that certain tract of property located within the corporate limits of the City of Wylie, Texas (the "City"), consisting of .62 acres, more or less, located at 1400 Martinez Lane, in the City of Wylie, Collin County, Texas, as more fully described in the attached Exhibit A (the "Property"); WHEREAS, the Company plans to construct a single-story building containing approximately 6,776 square feet of space on the Property in accordance with the site plan attached hereto and incorporated herein as Exhibit B (the"Facility"); WHEREAS, Company has requested financial and/or economic assistance from the WEDC to plan and construct certain infrastructure improvements to assist in the development of the Property, consisting of economic assistance for all hard and soft costs relating to the construction of public infrastructure and site improvements on or adjacent to the Property; WHEREAS, Section 501.103 of the Act states that the WEDC may provide funding for expenditures that are found by the Board of Directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises,limited to streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements (the "Qualified Infrastructure"); and WHEREAS, Company proposes to use the economic incentive for the construction of the Qualified Infrastructure which will include approved public infrastructure improvements and site improvements as may be amended from time to time, necessary for the development of the Property and which will benefit the surrounding properties, as generally described in the attached Exhibit C; and WHEREAS,the WEDC has found that the Qualified Infrastructure is necessary to promote or develop new or expanded business enterprises in the City and the WEDC has concluded that the Qualified Infrastructure constitutes a"project", as that term is defined in the Act, and is willing to provide Company with economic assistance as hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement; and PERFORMANCE AGREEMENT—Page 1 Project 2020-10b/Bailers Elite-The Lab LLC. WHEREAS, the WEDC has determined that it is in the best interest of the public and the City and promotes the purposes authorized by the voters of the City of Wylie for which the WEDC was established to encourage the development and use of commercial properties within the City; and WHEREAS, the WEDC is willing to provide the Company with economic assistance hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the above recitals and the terms, conditions and requirements hereinafter set forth, the parties hereto agree as follows: 1. Economic Assistance. Subject to the terms of this Agreement and provided Company is not in default, the WEDC will provide Company economic assistance in the form of performance reimbursement incentives (the "Reimbursement Incentives")upon completion of the Performance Criteria set forth below. The total amount of economic assistance and/or incentives to be paid to the Company, including the Reimbursement Incentives, shall not exceed the cumulative sum of Twenty Thousand Dollars ($20,000.00). 2. Performance Obligations. The WEDC's obligation to pay Company the Reimbursement Incentives stipulated above is expressly contingent upon Company completing the following items (the "Performance Criteria") by the due dates set forth below: A. Incentive One. A maximum Reimbursement Incentive equal to the lesser of(i) Twenty Thousand Dollars ($20,000.00), or (ii) 50% of the Development Fees paid by Company for the Facility as evidenced by a Permit Fee Receipt from the City of Wylie, will be paid to the Company upon completion of the following Performance Criteria for Incentive One: i. The Facility shall be constructed (as evidenced by one or more Certificates of Occupancy)no later than September 30, 2021 (the "CO Deadline"); and ii. Company shall supply documentation to the WEDC that the Qualified Infrastructure has been completed and that the cost of constructing the Qualified Infrastructure was at least Twenty Thousand Dollars ($20,000.00) no later than the CO Deadline; and iii. Company shall supply documentation to the WEDC that the Development Fees have been paid, as evidenced by a paid `Permit Fee Receipt' from the City of Wylie, and such approval of said documentation will be at the sole and absolute discretion of the WEDC; and iv. Company is current on all ad valorem taxes and other property taxes due on the Facility by January 31 of the year after they are assessed and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC. PERFORMANCE AGREEMENT—Page 2 Project 2020-10b/Bailers Elite-The Lab LLC. Notwithstanding the foregoing, Company may request a ninety (90) day extension of the Certificate of Occupancy Deadline by delivering written notice thereof to the WEDC staff at least thirty(30) days prior to the expiration of the Certificate of Occupancy Deadline. In the event WEDC staff determines, in its sole and absolute discretion, that Company is making all such reasonable efforts, then the Certificate of Occupancy Deadline, as applicable, shall be extended by ninety(90) days. 3. WEDC Payment of Reimbursement Incentives. Subject to the terms and conditions of this Agreement, the Reimbursement Incentives shall be paid by WEDC to the Company within thirty(30) days after the applicable deadline for achievement of the Performance Criteria for such Reimbursement Incentives. 4. Default. The WEDC's obligation to pay any portion of the Reimbursement Incentives to Company will terminate or be reduced if Company defaults by not completing the Performance Criteria applicable to such Reimbursement Incentives as set forth in Section 2 of this Agreement. In the event Company fails to meet any of the Performance Criteria for Incentive One in Section 2 of this Agreement, the Reimbursement Incentives shall not be paid to the Company and WEDC shall have the right, but not the obligation, in WEDC's sole discretion, to terminate this Agreement. 5. Termination of Agreement. This Agreement may be terminated by mutual written consent of the parties or by either party, upon the failure of the other party to fulfill an obligation as set forth in this Agreement, or as otherwise provided in this Agreement. 6. Economic Assistance Termination. Notwithstanding the terms of this Agreement, to the extent this Agreement is not earlier terminated, the WEDC's obligation to pay a portion or all of the Reimbursement Incentives to Company will expire upon the earlier of(i)the full payment of the Reimbursement Incentives, or(ii) December 31, 2021. 7. Miscellaneous. a. This Agreement shall be construed according to the laws of the State of Texas and is subject to all provisions of the Act,which are incorporated herein by reference for all purposes. In the event any provision of the Agreement is in conflict with the Act, the Act shall prevail. b. This Agreement shall be governed by the laws of the State of Texas and is specifically performable in Collin County, Texas. c. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement shall not be assignable by Company without the prior written consent of the WEDC, which consent will be at the sole and absolute discretion of the WEDC. d. Any notice required or pet witted to be given under this Agreement shall be deemed delivered by hand delivery or depositing the same in the United States mail, certified with return receipt requested,postage prepaid, addressed to the appropriate party PERFORMANCE AGREEMENT—Page 3 Project 2020-10b/Bailers Elite-The Lab LLC. at the following addresses, or at such other address as any party hereto might specify in writing: WEDC: Mr. Jason Greiner Executive Director Wylie Economic Development Corporation 250 South Highway 78 Wylie, TX 75098 COMPANY: Ballers Elite - The Lab LLC. 94 Carriage Trail Wylie, TX 75098 Attn: Huy Nguyen e. This Agreement contains the entire agreement of the parties regarding the within subject matter and may only be amended or revoked by the written agreement executed by all the parties hereto. f. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. 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 provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h. 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. i. Time is of the essence in this Agreement. j. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of the party indicated,that such party has taken all action necessary to authorize the execution and delivery of the Agreement and that the same is a binding obligation on such party. [SIGNATURE PAGE FOLLOWS] PERFORMANCE AGREEMENT—Page 4 Project 2020-10b/Bailers Elite-The Lab LLC. WEDC Board approved this 3rd day of March 2021, the Effective Date. WEDC: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas Corporation By: Jason Greiner, Executive Director COMPANY: Ballers Elite - The Lab LLC., a Texas Limited Liability Company By: Name: Title: Exhibits: Exhibit A - Legal Description of the Property Exhibit:B - Site Plan of the Facility Exhibit C - The Qualified Infrastructure PERFORMANCE AGREEMENT—Page 5 Project 2020-10b/Bailers Elite-The Lab LLC. EXHIBIT A Legal Description of the Property ABS A0267 E C DAVIDSON SURVEY, TRACT 21, 0.62 ACRES, an addition to the City of Wylie, Collin County, Texas, according to the Map or Plat recorded in Volume 2009,Page 3, Map Records of Collin County, Texas. PERFORMANCE AGREEMENT—Page 6 Project 2020-10b/Bailers Elite-The Lab LLC. Ivan re >„ u 1 I.. :'1 a.rt • wxxu wun vsvrvmo� III _ Iff -. , r s n, ,r� c,1 y_ «I �� �; CE COCO 44 r o CO Imo W TIE r— o r- C - p P.r�Fun aery ca �' � N �y�p -,btu IR,1,Wd.'Fd 8 Pi ld W _ °•• 9 1 aM� r ilo" u aw,I,. .. "` is 311510P0?Jd �' ,a�rz3tnlsdtf--� rs ` I.5 "nv�ars 'a,' 3 1 r s a a u w ry by r,dag � m C ) C P z...„, H ' _er L.L. DT.V.LIT lc xvr" anvaa•slar,u.anar.uuraa s3ano0warsadf y .. .. _ p H N WO a 0. EXHIBIT C The Qualified Infrastructure [SEE ATTACHED] PERFORMANCE AGREEMENT—Page 8 Project 2020-10b/Bailers Elite-The Lab LLC. ha ECONOMIC(DEVELOPMENT CORPORATION Wylie Economic Development Board AGENDA REPORT Meeting Date: March 3,2021 Item Number: 2 Department: WEDC (Staff Use Only) Prepared By: Jason Greiner Account Code: Date Prepared: 2/10/21 Exhibits: Subject Consider and act upon the award of bid for the F.M. 544 waterline extension to CalHar Construction,Inc. in the amount of $207,584 and further authorizing the Executive Director to execute any and all necessary documents. Recommendation Motion to award bid to CalHar Construction, Inc. in the amount of $207,584, and further authorizing the Executive Director to execute any and all necessary documents. Discussion As the Board will recall, this item was presented back in March 2020, with the Board making a motion to Table. Originally, WEDC staff hoped to receive three bids, however, only two for the 544-waterline extension were submitted in 2020. CalHar Construction, Inc. - $203,899.00 Powell Construction, Inc. - $245,004.50 Staff recently contacted CalHar Construction to review options for proceeding with the waterline extension and has received an updated bid for the project in the amount of$207,584. This waterline extension runs from Cooper, west down FM 544 and under the railroad tracks. The infrastructure project is needed to develop the 544 Gateway Property and to provide adequate utilities for both the WEDC and the City Properties generally located at 802 West Kirby St. Additional anticipated costs that are not included in this bid: • JLL &KCS Permits - $9,375 • Mobilization- $2,000 • Observer- $1,500 per day(est. 10 days) • Flagmen- $1,000 per day (est. 10 days) • City of Wylie testing - TBD Page 1 of 1 4 -4 ECONOMIC DEVELOPMENT CORPORATION Wylie Economic Development Board AGENDA REPORT Meeting Date: March 3, 2021 Item Number: 3 (Staff Use Only) Department: WEDC Prepared By: Jason Greiner Account Code: Date Prepared: 2/26/21 Exhibits: 2 Subject Staff report: WEDC Property Update, License Agreement, WEDC Office/Insurance Claim, Engineering Report, Mid- Year Budget Amendments,Upcoming Events, and WEDC Activities/Programs. Recommendation No action is requested by staff for this item. Discussion Staff will lead a discussion regarding WEDC Properties, License Agreements, WEDC Office/Insurance Claim, Engineering Reports, Mid-Year Budget Amendments, Upcoming Events, and an overall review of issues surrounding WEDC Activities and Programs. Page 1 of 1 TEMPORARY ACCESS AGREEMENT THIS TEMPORARY ACCESS AGREEMENT(the"Agreement")is made between Wylie Economic Development Corporation (the "Owner"), and First Baptist Church Wylie (the "Licensee") and is effective as and when set forth herein. This Agreement will confirm that Licensee and Licensee's agents, employees, contractors, and consultants (collectively, "Licensee's Agents") may enter that certain tract or parcel of land situated in Collin County,Texas,and being more particularly described in Exhibit A attached hereto (the "Site") subject to the teinis set forth below. 1. Purpose of Entry. Licensee may enter the Site for the use and purpose of operating a rodeo (the "Rodeo"). Said Rodeo shall include, but is not limited to, the following activities: recreation, storage and partial assembly of rodeo equipment located at 303 East Marble Street, Wylie, Collin County, Texas (the "Improvements"). 2. Consideration. In consideration for the use of the Site and the operations conducted therein, Licensee agrees to pay the Owner a non-refundable deposit of$ , due upon execution of this Agreement, made payable to Owner. In and for further consideration, Licensee agrees to pay the Owner a monthly payment(the "Weekly Payment") of$ for each month this Agreement is in effect. Said weekly payment shall be due on the first of each week until the Expiration Date of this Agreement, as hereinafter defined in Section 7 of this Agreement. 3. Prior Notice. Before entering the Site for the first time to begin constructing and/or operations of the Rodeo, Licensee must give Owner written notice of the date of entry at least one (1)business day in advance. 4. Condition of Site. Licensee shall at all times keep and maintain the Site in a clean, orderly and sanitary condition, and shall comply with all environmental rules and regulations. No storage of any substances defined as hazardous materials or hazardous substances or other similar terms under any applicable law or regulation is permitted. Licensee shall not commit waste on or damage to the Site and shall use due care to prevent others from so doing. Upon teuuination of this Agreement,Licensee shall cleanup all debris resulting from its operations on the Property and shall perfoiln any seeding, sodding, or re-vegetation work on the Site as required by TCEQ, the local municipal government,or applicable law. Licensee shall obtain at its sole cost and expense and keep current all necessary licenses and peiinits as deemed necessary by any governmental entity whether local, state or federal relating to operating the Rodeo,including those permits required by the City, County and/or TCEQ. Licensee shall also keep the Site free from mechanics and similar liens. 5. Permits. Licensee or Licensee's Agents must obtain any and all governmental permits,registrations,licenses, or authorizations (collectively, "Permits")that may be required for the operation of the Rodeo. Owner shall bear no expense, cost or liability in connection with the operation of the Rodeo by Licensee or Licensee's Agents and shall bear no expense,cost or liability for Permits that may be required for the parking or operation of the Rodeo. Temporary Access Agreement—Page 1 First Baptist Church Wylie 6. Indemnity. LICENSEE AGREES TO INDEMNIFY,DEFEND(WITH COUNSEL REASONABLY ACCEPTABLE TO OWNER) AND HOLD OWNER, ITS PARTNERS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST,AND TO REIMBURSE OWNER, ITS PARTNERS, SUCCESSORS AND ASSIGNS WITH RESPECT TO ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S AND EXPERT'S FEES AND COURT COSTS)OF ANY AND EVERY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY WITHOUT REGARD TO FAULT) ASSERTED AGAINST OR INCURRED BY OWNER, ITS PARTNERS, SUCCESSORS AND ASSIGNS BY REASON OF OR ARISING IN CONNECTION WITH(A)ANY NEGLIGENCE OF LICENSEE OR LICENSEE'S AGENTS IN PARKING OR OPERATING THE RODEO IN, ON, ABOUT, OR UNDER THE SITE; OR (B) ANY VIOLATION OR THREATENED VIOLATION OF ANY FEDERAL,STATE,OR LOCAL RULE, REGULATION, LAW, ORDINANCE, STANDARD, OR ORDER BY LICENSEE OR LICENSEE'S AGENTS. THE OBLIGATIONS OF LICENSEE UNDER THIS INDEMNITY CLAUSE SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. THE OBLIGATIONS OF LICENSEE UNDER THIS INDEMNITY CLAUSE SHALL NOT INCLUDE ANY LOSSES,DAMAGES,LIABILITIES,COSTS,AND EXPENSES CAUSED BY, ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER. 7. Access. Subject to the foregoing provisions of this Agreement,Owner hereby grants Licensee such limited,non-exclusive access to such portions of the Site as is reasonably necessary for Licensee's Agents to operate the Rodeo. Prior to entering the Site, Licensee shall deliver to Owner a work plan for the operation of the Rodeo including depictions,dates,times,scope,duration, and names of Licensee's Agents who will operate the Rodeo, and after completing the Improvements, Licensee shall deliver to Owner a notice thereof. The right of access commences upon the Effective Date of the Agreement and terminates no later than (the "Expiration Date"). Notwithstanding the foregoing,Owner shall have the right,in its sole discretion, to extend the term of this Agreement in seven (7) day increments upon receipt of written notice of Licensee's desire to extend the term not less than three(3)days prior to the current term Expiration Date. Owner may at its option terminate and revoke such grant in the event Licensee defaults or threatens to default in the performance of Licensee's obligations hereunder. 8. Early Termination. Owner reserves the right,in its sole discretion,to terminate this Agreement prior to the Expiration Date ("Early Termination"),provided that the Owner gives the Licensee thirty(30)days' notice prior to the Early Termination date.If Owner exercises its option of Early Termination, Owner and Licensee agrees to operate in good faith to locate an alternative location for the Rodeo, which must be suitable to both Owner and Licensee. 9. Safety Precautions. Licensee,during the operation and activities of the Rodeo,shall be fully and solely responsible for securing the safety of the work area in and around the Rodeo and shall maintain reasonable barricades, warning signs, and devices as may be necessary to protect Owner and the public. 10. Standard of Care. Licensee will operate the Rodeo in a careful and prudent manner. Temporary Access Agreement—Page 2 First Baptist Church Wylie 11. Insurance. Licensee will deliver to Owner a certificate of insurance for each of Licensee's Agents who will be conducting activities at the Rodeo stating that each of Licensee's Agents is covered for Workers Compensation and Employers Liability insurance, statutory limits; Comprehensive General Liability insurance, $1,000,000.00 each occurrence and$3,000,000.00 in the aggregate;and Comprehensive Automobile Liability insurance, $1,000,000.00 each occurrence and$3,000,000.00 in the aggregate. All liability insurance certificates shall be on ACORD Form 25 (or on forms substantially similar thereto). All certificates of insurance shall contain a provision by the issuing company that the policies shall not be canceled without at least ten(10)days prior written notice of cancellation to Owner. All of Licensee's Agents engaged to perform any work or provide any services or materials on its behalf shall maintain workers' compensation and employers' liability insurance, commercial general liability insurance, and automobile liability insurance. The City of Wylie and the Owner shall be named as an additional insured under said policies of liability insurance.All liability insurance policies will be primary to any insurance provided by Owner. The scopes and limits of liability of coverage under such insurance policies shall be consistent with the above described scopes and limits of liability of coverage that Licensee is required to maintain under this Agreement. Licensee shall provide to Owner a list of names and addresses of Licensee's Agents and a certificate of insurance for each at least five(5) days prior to the commencement by them of any such work or services. 12. Notice. Any and all notices, requests, consents, reports, demands, or other communications or documents required or permitted to be made or given under this Agreement shall be in writing and shall be given to the other party at its address set forth in this section or at such other address as such party may hereafter specify for such purpose by written notice to the other party. Notice by facsimile transmission is specifically prohibited. Notices will be deemed to have been made or given when delivered. Unless changed in accordance with this paragraph, the addresses for notices are as follows: If to Owner: Wylie EDC c/o Jason Greiner 250 South Highway 78 Wylie, Texas 75098 If to Licensee: First Baptist Church Wylie Attention: 13. Interpretation. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and may not be contradicted by evidence of prior, contemporaneous,or subsequent oral agreements between the parties. This Agreement cannot under any circumstances be modified orally,and no agreement will be effective to waive,change,modify, or discharge this Agreement in whole or part unless such agreement is in writing and is signed by all of the parties. 14. Miscellaneous. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be Temporary Access Agreement—Page 3 First Baptist Church Wylie construed in accordance with the laws of the State of Texas without regard to any applicable conflicts of law and shall be deemed performable in Collin County, Texas. Any agreement contained,expressed or implied in this Agreement shall be only for the benefit of the parties hereto and their respective successors and assigns,it being the intention of the parties hereto that no other person or entity shall be deemed a third-party beneficiary of this Agreement. EXECUTED to be effective on the day of , 2020 (the "Effective Date"). Owner: Wylie Economic Development Corporation By: Name: Title: Licensee: First Baptist Church Wylie By: Name: Title: Temporary Access Agreement—Page 4 First Baptist Church Wylie Exhibit A Site Temporary Access Agreement—Page 5 First Baptist Church Wylie r ECONOMICEV Ld P I T CORPORATION 2021 February Board Meeting—17t" Day Time Meeting/Event 2 WDMA Meeting 5 Downtown Video Filming 9 City Council 11 Workforce Solutions Career Fair—Virtual 12 Bisnow Reopening the Workplace- Virtual 17 WEDC—Board Meeting 20 WISD Education Foundation-Boots& BBQ- Virtual 22-26 TEDC Legislative Conference—Virtual - jg 23 City Council Wylie EDC/Rctail Coach Presentation—Rescheduled 24 Bisnow DFW Industrial & Logistics Update—Virtual -jg 2021 March Board Meeting—17th Day Time Meeting/Event 2 WDMA Meeting 3 WEDC—Feb Board Meeting 6 36th Annual Collin College Foundation-Stetson&Stiletto 8-12 Wylie ISD Spring Break 9 City Council 14-18 Wylie ISD College Week 15-16 IEDC Leadership Summit—Virtual - jg 17 WEDC—Board Meeting 22-26 TEDC-Basic Economic Development Course(Virtual) 23 City Council (WEDC Department/Retail Coach Presentation) -TBD 2021 April Board Meeting—21st Day Time Meeting/Event 1 HR Alliance—Council Chambers 2 CI SED Good Friday 6 WDMA Meeting 13 City Council 21 WEDC—Board Meeting 22 WISD CTE Advisory Meeting—jg/aw 27 City Council—Small Business Week& Economic Development Week Proclamations Around the Corner... • Leadership Wylie-to be rescheduled from Feb 11 • TEDC Mid-Year Conference-June 9-11 • IAMC Spring Forum-rescheduled to June 19-23, 2021 • ICSC RECon-moved to December 5-7, 2021 • Wylie Days& Collin County Days?