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2001-08-13 CC PacketCity of Southlake, Texas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance 481-1713 SUBJECT: Fiscal Year 2001-02 Budget as it relates to: A.) Town Square Developer's Agreement, Phase 1 & 2; B.) Town Square future phases; C.) Town Hall proposed parking agreement. Action Requested: The purpose is to familiarize the Council with Town Square developer's agreement issues (Phase 1 and 2). Staff request input, comments and guidance from the City Council on this subject. Background Information: EXHIBIT A DOCUMENTS In Fiscal Year 1998 the Council approved Southlake Town Square Phase One, commercial developer's agreement (EXHIBIT A). Per the agreement the city agreed to reimburse the developer 40% of the cost of all streets, sidewalks, landscaping and associated streetscape improvements not to exceed $2,900,000. The city also agreed to pay the developer the cost of the design and construction of public facilities not to exceed $1,130,000.(See page 10-E. City's purchase of land and right-of-way). The Developer (Cooper & Stebbins) has expressed an interest for reimbursement to begin in fiscal year 2001-02. The agreement addresses what funds are eligible as a resource for reimbursement (See page 11-F. Payments to Developer). Per the agreement, the 1% sales tax generated within Town Square is one of the funding sources pledged for reimbursement to the developer. Currently, the 1 % sales tax collections from Town Square is reported in the General Fund and used as a funding source for general operations of the City. Town Hall parking is another area that could potentially have a budget impact on fiscal year 2001-02. The memorandum of understanding attached to the developer's agreement, was incorporated in the agreement to address issues related to "City Hall" (the 'Building"), the property, parking facility, construction of improvements, reimbursement of improvements, timing of project and the right of first refusal in connection with the available office space in the adjacent facilities to the Town Hall. The memorandum of understanding states that the Town Hall building requires parking at a ration of not less than one (1) space for every 330 square feet of building area ("parking"). The parking was to be provided subject to the following conditions: 1) 25 % shall be specifically reserved for the exclusive use of the building occupants & the residential, 75 % shall be non- exclusive Billy Campbell, City Manager August 10, 2001 Page 2 2) provided further that ten (10) spaces shall be provided, and exclusively reserved, as on street adjacent to the building for short term parking that the City shall pay all costs associated with such parking, subject to the City and the developer entering into a separate agreement providing for the location of all exclusive parking and any terms, conditions and/or limitations to the City's payment of such costs. The developer has submitted an invoice with a cover letter, dated July 18, 2001 in the amount of $389,822 for costs associated with the hard costs (construction), soft costs (professional services), and a dumpster enclosure. The developer has also submitted a draft proposed parking management and use agreement for consideration in compliance with the provisions of the above referenced developer agreement and the memorandum of understanding. A parking lot maintenance expense invoice in the amount of $34,569 has also been submitted for "total cost allocable to parking lots" for insurance, landscaping, parking lot maintenance, security, utilities and personnel costs. Staff included in your packet a summary schedule of the developer's request of expenditures for reimbursement and a proposed parking agreement submitted by the developer. EXHIBIT B DOCUMENTS On December 7, 1999, the Council approved Southlake Town Square Phase Two, commercial developer's agreement (EXHIBIT B). Per the agreement the city agreed to reimburse the developer 40% of the cost of all streets, sidewalks, landscaping and associated streetscape improvements not to exceed $500,000. (See page 10-E. City's purchase of land and right-of-way). The Developer (Cooper & Stebbins) has expressed an interest for reimbursement to begin in fiscal year 2001-02 for this agreement. The agreement address what funds are eligible as a resource for reimbursement (See page 10-F. Payments to Developer). Per the agreement, the 1 % sales tax generated within Town Square is one of the funding sources pledged for reimbursement to the developer. Currently, the 1 % sales tax collections from Town Square is reported in the General Fund and used as a funding source for general operations of the City. Staff included in your packet a summary schedule of the developer's request of expenditures for reimbursement. EXHIBIT C DOCUMENTS T.I.F. debt service requirements Billy Campbell, City Manager August 10, 2001 Page 2 EXHIBIT D DOCUMENTS T.I.F. Amended Project and Financing Plan, August 10, 1999 EXHIBIT E DOCUMENTS Developer's projections dated September 16, 1997 Financial Considerations: Reimbursement of Developer's infrastructure cost (Phase 1 and 2) up to $4,000,000 and $500,000, respectively Reimbursement for Town Hall parking spaces $389,822 City's Annual Share of Parking Maintenance expense $34,569 Citizen Input/ Board Review: None required Legal Review: All referenced documents have been submitted to the City Attorney for review and comments (excluding the summary schedule of the developer's request of expenditures for reimbursement). EXHIBIT A Developer's Agreement Phase 1 Summary of Developer's expenditures for reimbursement Proposed parking agreement and request for reimbursement for Town Hall parking lot OFFICIAL RECORD SOUTHLAKE TOWN SQUARE PHASE ONE, COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, (hereinafter referred to as the "City"), and the undersigned Developer, (hereinafter referred to as the "Developer"), of a commercial development known as Southlake Town Square - Phase 1, " to the City of Southlake, Tarrant County, Texas, (more particularly described in Exhibit A attached hereto, hereinafter referred to as the "Subdivision") for the installation of certain community facilities and improvements designed to provide city services to the Subdivision and that are intended to be dedicated as public facilities, as more fully described in this agreement. 1. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public facilities covered by this agreement. B. Developer will present to City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all public facilities to be constructed by Developer, and providing for payment to City of such amounts, up to the total remaining amounts required for the completion of the Subdivision if Developer fails to complete the work within two (2) years of the signing of this agreement. A Best -rated bonding company should approve all bonds. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by Developer and accepted by City. Lien releases will accompany each request for reduction executed by the contractors performing the work. A performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. Developer agrees to furnish to City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letters of credit or cash escrow will be issued prior to the final City acceptance of the Subdivision and will guarantee for a period of two (2) years that all public facilities covered by this agreement will be free of defects or failures due to lliiiiw materials or workmanship. The maintenance bonds, letters of credit or cash escrow will be issued on. behalf of the contractors performing the work, and City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to the public facilities shall be vested in City, and upon dedication by Developer and acceptance by City, Developer relinquishes any right, title, or interest in and to the public facilities or any part thereof. It is further understood and agreed that until City accepts the public facilities, City shall have no liability or responsibility in connection with any such facilities. City shall accept the facilities upon their completion in accordance with the approved plans and specifications. Acceptance of the public facilities shall occur at such time that City, through its City Manager or his duly appointed rep; esentative, provides Developer with a written acknowledgment that all public facilities are complete, have been inspected and approved and are being accepted by City. Developer agrees to transfer fee simple title to City by general warranty deed to all street rights -of -way and other property upon which public facilities are constructed. E Developer agrees to dedicate and transfer fee simple title to City by general lliiiw warranty deed to all property intended for park use upon filing of the final plat. City will allow Developer to perform work on this dedicated property in conjunction with the development of the Subdivision. F. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 2 D:1WP-FILESIORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. City agrees to bear the expense of: a. All nuclear density tests on the roadway sub grade (95% Standard); b. Technician's time for preparing concrete cylinders; and C. Concrete cylinder tests and concr )te coring samples. City can delay connection of buildings to service lines or water mains constructed under this agreement until said water mains and service lines have been completed to the satisfaction of and accepted by City. G. Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in the Subdivision that have not been sold to third parties. After fifteen (15) days written notice, should Developer fail in this responsibility, City may contract for this service and bill Developer for reasonable costs. Such amount shall become a lien upon all real property of the Subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by Developer or a Contractor on a form other than the one which has been previously approved by City as "acceptable" shall be submitted to the City Attorney for City and this agreement shall not be considered in effect until the City Attorney has approved the instrument. Approval by City shall not be unreasonably withheld or delayed. I. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement with City regardless of such company's authorization to do business in Texas. Approval by City shall not be unreasonably withheld or delayed. SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 3 D:\WP-FILES\ORD-RES.AGR\TOWNSO-3.WPDJanuary 16, 1998/kb J. Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of City. The approved Development Regulations for the Subdivision are attached hereto as Exhibit C. K. Developer agrees that the project will be constructed in conformance with the Site Plan attached hereto as Exhibit D (hereinafter referred to as the "Site Plan") and any construction plans and other permits or regulatory authorizations approved and/or granted by City during the development review process. II. PUBLIC FACILITIES: Developer will install the public facilities in accordance with the approved plans and specifications. Developer will provide all construction oeriod funding for construction costs, materials and engineering of the public facilities. The following additional terms will apply: A. ON SITE WATER: Developer hereby agrees to install water facilities to service lots as shown on the Final Plat of the Subdivision attached hereto as Exhibit A. Water facilities will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by City. Further, Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, City will reimburse Developer for the oversize cost greater than the cost of an 8" line. Additionally, City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. Developer will construct a 20" water line as part of the project as shown on the approved construction plans. City will reimburse Developer for the cost of oversizing this line from 8" to 20". B. DRAINAGE: Developer agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 4 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by City, or that may be modified by the EPA. C. STREETS: If applicable, the street construction in the Subdivision shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by the City Engineer. 1. Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a ype, size, color and design standard generally employed by Developer and approved by City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by Developer's engineer and reviewed by the Director of Public Works. 2. All street improvements will be subject to inspection and approval by City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage facilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between Developer and City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project, a decision later may be made to realign a line or service which may occur after construction has commenced. Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 5 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Subdivision. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by Developer's engineer and released by City. Further, Developer agrees to complete this installation in compliance with all applicable City ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and impact fees. E. EROSION CONTROL: During construction of the Subdivision and after the streets have been installed, Developer agrees to keep the streets free from soil build-up. Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be Developer's responsibility to present to the Director of Public Works a soil control development plan that will br. implemented for the Subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to Developer, Developer will have seventy-two (72) hours to clear the soil from the affected areas. If Developer does not remove the soil within 72 hours, City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at Developer's expense. All fees owed to City will be collected prior to acceptance of the Subdivision. Developer shall obtain, prior to start of construction, a NPDES permit from the EPA and shall provide this permit to City. Developer shall be solely responsible for insuring compliance with all EPA regulations for erosion control and storm water management. F. USE OF PUBLIC RIGHT-OF-WAY: 1. It is understood by and between City and Developer that the public facilities covered by this agreement provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. Developer agrees to maintain these amenities until the public facilities are dedicated to and accepted by City. 2. City shall permit building projections into public easements and street right-of-way consistent with the Site Plan. Developer shall maintain all such projections in a safe and non -injurious manner and agrees to indemnify and hold harmless City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third persons occasioned by its use of the public right-of-way with regard SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 6 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb to such projections and Developer shall, at its own cost and expense, defend and protect City against all such claims and demands. Developer (or assignees) shall provide annual evidence of liability insurance to City. City shall be informed by the insurance company of any lapse or cancellation of such liability insurance. (Projections shall be as defined in the Development Regulations, Section 4.0.) 3. City will maintain all streets, sidewalks, utilities, public parks and other public facilities from and after the date of dedication of and acceptance by City of such improvements. G. DESIGN PARTICIPATION -. It is understood that this project will include numerous features and amenities that will impact the aesthetics and maintenance of this area. Developer and City will develop a supplemental agreement whi .h-will cover the details of amenity selection and approval. H. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to City in the name of City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by City to be paid to City. 4. This agreement shall have been executed. 5. Developer, or Contractor shall furnish to City a policy of general liability insurance. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub -Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS: A. INDEMNIFICATION SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 7 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE PUBLIC FACILITIES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO. CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSION;., OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. B. Venue for any action brought hereunder shall be in Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies City's approval on only the general design concept of the improvements to be constructed. In this connection, Developer shall for a period of two (2) years after the acceptance by City of the completed construction project, indemnify and hold harmless City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and Developer shall defend at his own expense any suits or other proceedings brought against City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection herewith. SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 8 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb D. This agreement or any part thereof or any interest herein, shall not be lliiiw assigned by Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to employ a construction contractor who is approved by City, which approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, Developer, or Contractor shall furnish the payment and performance bonds in the name of City prior to the commencementof any work t.-Ireunder and shall also furnish to City a policy of general liability insurance. F. Work performed under this agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, City may agree to renew the agreement with such renewed agreement to be in compliance with City policies in effect at that time. G. Prior to final acceptance of the Subdivision, Developer shall provide to City three (3) copies of Record Drawings of this project, showing the public facilities as actually constructed. In addition, Developer shall provide electronic files in a Axf format showing the sanitary sewer plan and profile, storm drain plan and profile, street plan and profile, and water line plan. IV. OTHER ISSUES: A. OFF -SITE DRAINAGE: Developer has agreed to design on -site detention facilities so that there is no increase in storm water runoff from the Subdivision. In the event that Developer, with City's review and approval, chooses to modify this design, then Developer shall contribute to off -site improvements as needed to increase the off -site capacity to handle the increased runoff. B. OFF -SITE SEWER AND WATER FEES: SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 9 D:1WP-FILESIORD-RES.AGRITOWNSQ-3.WPDJanuary 16, 1998/kb There are no off -site sewer, off -site drainage, or off -site water structures required for the Subdivision. C. PARK FEES: Developer is entitled to 100% credit for park dedication fees applicable to the Subdivision and also shall be allowed to carry forward 0.9 acres ($36,590) credit to future phases of development. D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A (and any amended versions). E. CITY'S PURCHASE OF LAND AND RIGHT-OF-WAY: In connection with the development of the subdivision, City has created a Tax Increment Reinvestment Zone No. 1 (the "TIRZ") to promote the development of a "downtown" area of City and to provide for funding in connection with the construction and purchase of certain public facilities. Because the Subdivision will serve as City's "downtown" area, City deems it necessary to obtain fee simple title to all street rights -of -way and real property upon which public facilities will be constructed. This purchase will include the fee simple title to all park land within the Subdivision, which includes in excess of the minimum requirements of City's Subdivision Ordinance. Developer will convey the above property to City by general warranty deed. In consideration for such conveyance, City agrees to pay Developer, subject to the conditions and limitations set forth in Section IVY. below, the following sums: 1. Forty percent (40%) of the cost of all streets, sidewalks, landscaping and associated street scape improvements identified on Exhibit B, not to exceed $2,900,000.00. 2. The cost of the design and construction of public park facilities identified on Exhibit B as the "Town Square Park" and the "Bandshell Park", including all landscaping, paving, special structures and other amenities constructed therein, not to exceed $1,130, 000.00. 3. The total expenditure by City for all street rights -of -way and park property shall not exceed $4,000,000.00. If City's cost under Paragraph IV.E.1. is less than $2,900,000.00, such excess monies may be applied to the costs of the public park SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 10 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb facilities under paragraph IV.E.2.; provided, however, any costs over $4,000,000.00 shall be at Developer's sole expense. 4. Developer agrees to pay the up -front cost of design and construction of the proposed traffic signal at street "B" and F.M. 1709 as depicted in the Site Plan. City will reimburse Developer for up to 50% of the final cost of design and construction of such signal, not to exceed $40,000.00. This payment toward the traffic signal shall be additional compensation for the street rights -of -way and parks and shall be over and above City's payments under Paragraphs IV.E.1., 2., and 3. F. PAYMENTS TO DEVELOPER:. 4 1. City's payment obligations under Section ME. are expressly contingent upon: a. City's participation in the TIRZ; b. the dedication by Developer and acceptance by City of all public facilities; C. completion by Developer of the initial six (6) buildings in the Subdivision, containing not less than 250,000 gross square feet of building area, identified as Phase I on Exhibit D; d. the issuance of certificates of occupancy for eighty percent (80%) of the retail users within the 250,000 gross square feet identified in Paragraph W.F.I. above and; e. the availability of funds from: 1) incremental real property tax revenues within the TIRZ (the "TIRZ tax revenues"); ii) incremental business personal property city tax revenues generated within the Subdivision (the "personal property tax revenues"); and SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 11 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb iii) incremental 1 % City General Fund sales tax revenues generated within the Subdivision sufficient to meet obligation as described below. 2. The City's payments to Developer for the rights -of -way and real property described above shall be met from available TIRZ tax revenues after payment of the annual debt service for the Joint Use Facility described in Section IV.J. below, commencing with the tax year beginning January 1, 2000 (fiscal year ending September 30, 2001). However, should there be insufficient TIRZ tax revenue to meet the payment obligation to Developer after payment of the annual debt service for the Joint Use Facility, a combination of the TIRZ tax revenues, the personal property tax revenues, and sales tax revenues will be used .for the payment to Developer of the estimated $4,000,000.00 purchase price. ` a. These payments are anticipated to be made until September 30, 2018, or until the purchase price of the $4,000,000.00 is paid. b. In the event the city wishes to accelerate repayment of this amount, it shall be based upon the principal amount �W outstanding at that time. The amortization schedule shall be jointly agreed upon by City and Developer and approved by separate agreement. C. If annual revenues received from the three taxing streams (the TIRZ tax revenues, the personal property tax revenues, and the sales tax revenues) are not sufficient to cover the debt service for the Joint Use Facility, no payment shall be made to Developer for that year. d. After payment of debt service for the Joint Use Facility, the remaining revenues from the three taxing streams identified above shall be dedicated to payment to Developer, not to exceed the annual debt service payment described in the amortization schedule agreed upon by City and Developer. 3. If an initial certificate of occupancy is not issued for the Subdivision within two (2) years from the date of execution of this agreement, SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 12 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb City's obligation will be null and void and City should be released from any obligation to make the payments provided above. G. CHANGE IN USE: In the event that City determines to change the use of any real property in the Subdivision which is purchased pursuant to this agreement for street rights -of -way or public park purposes, any design of structures shall be subject to the review and approval of the Subdivision's Architectural Review Committee ("ARC") which shall be formed prior to City's purchase of such street rights -of -way and/or public park(s). H. DRIVEWAY RELOCATION: Developer agrees that upon relocation of North Carroll Avenue substantially as shown .gin the Site Plan, Developer will relocate the driveway of Mr, Jurgen Strunck located at 200 North Carroll Ave., Southlake, Texas 76092, in accordance with plans approved by Mr. Strunck, City and Developer, at Developer's sole cost and expense. NORTH CARROLL AVENUE RELOCATION AND WIDENING: The Site Plan includes the relocation and widening of North Carroll Avenue 4iiw in accordance with preliminary plans and specifications provided to Developer by City. Terms of such relocation and widening shall be as follows: 1. Developer will dedicate approximately 1.985 acres of land as shown on the Final Plat to allow for construction of the road improvements. In consideration for this dedication, City agrees to vacate the existing North Carroll Avenue right-of-way and to quit claim same. City will acquire all other necessary easements or rights -of -way from adjacent landowners. Developer will cooperate with City in obtaining the consent of such adjacent landowners. 2. City will employ a civil engineer and other outside consultants as necessary for the design and preparation of the final plans and specifications for the relocation and widening of North Carroll Avenue. 3. City will pay all construction costs, materials and engineering, including all earthwork, infrastructure, paving, landscaping, traffic light(s) (including the relocation thereof, if necessary), and other improvements and related costs associated with the North Carroll Avenue realignment and widening project. Such costs shall be in SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 13 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb addition to the payments by City to Developer under Section IV. E. of this agreement. 4. Completion of the North Carroll Avenue work will not be a condition precedent to completion of Developer's performance with respect to the Subdivision, and will not be a condition precedent to or delay Developer's receipt of certificates of occupancy for buildings within the Subdivision, City's acceptance of public facilities constructed by Developer, City's payment obligation as described in Section IV. E. herein, or otherwise. J. CITY HALL: Developer will convey fee simple title to City by general warranty deed to approximately .0.689 acres of laced for a new joint use City/ Administration Facility (hereinafter referred tc--'as the Joint Use Facility). Concurrently herewith, Developer and City will enter into an agreement for design, development, construction and operation of the Joint Use Facility. The terms of that agreement will be substantially in accordance with the Memorandum of Understanding attached hereto as Exhibit E. K. CONSTRUCTION PERMITTING AND OVERSIGHT: City will allow development of the Subdivision to occur under a staged building permit. Separate permits or approvals may be issued to allow the following stages of construction to proceed in sequence. A permit for any stage of construction may be processed for review and approval independently of submission or approval of final design and construction drawings for any subsequent stage of construction: a. grading and sitework; b. utilities and paving; C. foundation and superstructure; and d. final building permit. 2. City will process applications for construction approvals in accordance with its guidelines; provided, however, City will hire additional personnel or contract with private companies for engineering consulting services as may be needed to allow for the timely review and approval of construction plans pursuant to this paragraph. If necessary to facilitate efficient response time, City will provide an on- SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 14 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb site person for permit review and approval and for inspection functions. In the event City provides such on -site person, Developer will provide housing on -site for such person at no cost to City. L. PUBLIC SAFETY FACILITY: Developer agrees to provide space for a Department of Public Safety Satellite Facility within the Subdivision. The location and size of this facility will be covered by a separate agreement to be developed once final building plans have been completed. SIGNED AND EFFECTIVE on the date last set forth below: 2Q��pY P&' KI7TEXAS N h STAof �' My Co SOUTHLAKE VENTURE WEST L.P. By: Rialto Southlake West, LS its General Partner By: CS Southlake Property West, LLC its General Partner SOUTHLAKE VENTURE EAST L.P. By: Rialto Southlake East, L.P. its General Partner By: CS Southlake Property East, LLC its General Partner By: Brian R. Stebbins, President CS Southlake Property West, LLC and CS Southlake Property East, LLC ATTEST: Notary Public: Type or Print Notary Name: My Commission Expires: 2 7 9 SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 15 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb CITY OF SOUTHLAKE B Y• W. Ralph Evan , Mayor Pro Tern Address: 1725 E. Southlake Blvd., Southlake, Texas 76092 Date: v ATTEST: By: Sandra LeGrand, City Secretary Date: L SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 16 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC -insured bank in a form acceptable to The City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide The City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on- the L of C held by The City. SOUTHLAKE TOWN SQUARE PHASE ONE COMMERCIAL DEVELOPER'S AGREEMENT PAGE 17 D:\WP-FILES\ORD-RES.AGR\TOWNSQ-3.WPDJanuary 16, 1998/kb EXHIBIT A LEGAL DESCRIPTION STATE OF TEXAS 3 COUNTY OF TARRANT 3 WHEREAS WE. the F-tchtel Group. a Texas General Partners%!p. Carol G. Pt:erka. L.?rrle W. Beck -t:4 Leslie W. Klinvman. are ill of the ov;ners of _ :rac- of land situace, in the Richar-,i Earls Sur-,ey. abstract No. 481. County of Tarrant. aecarding :he Ce_;i; .., nrded in 1' ,iume 98 l 1. Pa�Te i =1 i . �� Fiume 8� iti. Pant 595; Volume 9799, Pave 1213: Volurne 98=9. Pave 115. Voiume 9799. Pave .208 and Volume 98=9. P_v _ _ _e 2110. Deed Records. Tarrant County. Texas and mere particularly described as follows: BEING a 42.013 acre tract of land situated in :he Richard Eads Survey. abstract No. 481 iecaced in :he City of Southlake. Tarrant County. Texas. Said :rapt being a portion of a 73.669 acre tract as conveyed :o The Fechtel Group. a Texas General Partnership as recorded in Voiume 9811. Page 1241 and being a portion or. a 58.0193 acre tract as conveved to Caroi G. Pe:erka as recorded in Volume 8516. Page 595. Lome W. Beck as recorded in Volume 9799. Page 1213 and Voiume 9849. Pace 2115. and Leslie W. Klinvman as recorded in Volume 9799, Page 1208 and Volume 9849, Page 1210, Deed Records. Tarrant County. Texas. Said 42.013 acre tract being more particularly described by metes ar.{( bounds as follows: C01v1)YlENC1'NG at the southwest corner of _ut .. Richard Eads No. 481 Addition. Cabinet A. Siide 585 P.R.T.C.T. also being located in the east right-of-way line of North Carroll Avenue ( a variable width R.O.W.); THENCE North 89°41'56" West for a distance of '2.00 feet for a point. said point being in the west line of said Richard Eads Survev and the Centel -line of said North Carroll avenue: THENCE South 00*11'06" East, along said Centerline for a distance of 1237.93 feet to a 5;8 inch iron rod set in concrete for the POINT OF BEGINNING, - THENCE East, leaving said Centerline for a distance of 574.33 feet to a IA inch iron rod set for corner: THENCE North 154.77 feet to a .A inch iron rod set for comer: THENCE North 30°00'00" East, 279.56 feet to a !4 inch iron rod set for corner; THENCESouth 60°00'00" East, 1,223.00 feet to a 1A inch iron rod set for comer; THENCE South 30°00'00" West, 331.80 feet to a « inch iron rod set for comer; THENCE South 531.88 feet to a 5/8 inch iron rod set in concrete for comer, said point being in the north right-of-way line of East Southlake Boulevard /F.M. 1709 (a 130 foot R.O.W.): THENCE North 88°55' 18" West, along said north right-of-way line, for a distance of 301.27 feet to a 518 inch iron rod found for corner; THENCE North 88°54' 16" West, for a distance of 1,303.14 feet to a 518 inch iron rod set in concrete for comer, said point being the intersection of said north right-of-way line, with the Centerline of North Carroll Avenue, and said west line of Richard Eads Survey; THENCE North 00°11'06" West, along said Centerline of North Carroll Avenue 1,003.27 feet to the POINT OF BEGINNING and CONTAINING 1,830,082 square feet or 42.013 acres of land, more or less. A-1 v +ie gej.+ a �e!.! ' t Pi nn � A-2 W iYr W cr V2 Y O N �icWXJ. ' m sir � cs h t = z a 6 F T Q,� r.• < H a's��_6�A+�°xl • V !II � gel I� EXHIBIT B HCB CONTRACTORS SOUTHLAKE TOWN SOUARE E1 ITEM DESCRIPTION 11 INFRASTRUCTURE A) MASS EXCAVATION 3 EARTHWORK CLEAR 3 GRUB SITE ROUGH GRACE (Avq 3.0 CuVFiII) EROSION CONTROL SUBTOTAL MASS EXCAVATION R EARTHWORK B) STREETS i CURBS GRADING FOR LIME STORM DRAINAGE WATER SERVICES SANITARY SEWER OTHER UTILITIES •• STREET PAVING LIGHTING DISTRIBUTION 6 GRAPHICS '•' SUBTOTAL STREETS R CURBS C) OFF -SITE ROADWORK TRAFFIC SIGNAL WORK ROAD MOOIFICATIOr .; SUBTOTAL OFF -SITE ROADWORK 0) SIDEWALKS GRADING FOR LIME STREETSCAPE SIDEWALKS / PAVING STREET FURNITURE STREET TREES, PLANTERS. IRRIGATION, DRAINAGE MISCELLANEOUS OTHER ITEMS SUBTOTAL SIDEWALKS OTY. 40 ac 125,000 cy 1.742.400 sf 1.742,400 sf 33.393 sy 4,234 If 4.234 If 4.234 If 1 Is 4.234 0 1 Is 4.234 If 1 Is 1 Is 1 Is 20.375 sy 8.408 If 8.488 If 8,468 If 8.d88 If 1,498 N ZMh-rIC PARKS Al TOWN SQUARE LANDSCAPING (HARDSCAPE / SCFTSCAPE) FOUNTAIN ALLOWANCE 37.500 sf 81 BANDSHELL SQUARE 1 Is LANDSCAPING (HARDSCAPE / SOFTSCAPE) FOUNTAIN ALLOWANCE 37,800 sf 13ANDSHELL PAVILION 1 Is C) SPECIALTY LIOHTINO AND POWER FOR PARKS 1 Is PARK LIGHTING AND EVENT POWER •'• 75,600 sf SUBTOTAL PUBLIC PARKS 79,900 sf TOTAL PARKS 71,900 sf TOTAL INFRASTRUCTURE (Including Parks) 1,742,400 sf B-1 HCB CONTRACTORS ROUGH OROER OF MAG W UDE ESTPAATE CIVIL - INFRASTRUCTURE ITEM / DESCRIPTION Taal MASS EXCAVATION A EARTHWORK CLEAR i GRUB SITE iEA PORARY PE.RIAIETER FENCE (narin 6 rift sloes) 31M LF C EAR S GRUB SITE 40 AC SUBTOTAL CLEAR 4 GRUB SITE 40 AC ROUGH GRADE lave"CWPMI TEMPORARY ROADS mmm CONSTRUCTION 1 LS CJT I FILL 1CWFi1. HauoM 125.000 CY SUBTOTAL ROUGH GRADE 125.O90 AC EROSION CONTROL _ EROSION CONTROL 1.742.400 SF SUBTOTAL EROSION CONTROL 1.742.A00 SF SUBTOTAL MASS EXCAV. EARTW4ORK 1.74XADO SF GRADE FOR LNE NME Pavelol GRADING FOR LRAE 33.393 SY SUBTOTAL GRADE FOR LOWE 33.383 SY STORM DRAINAGE STORM ORANAGE PIPING on 1.906 LF STORM ORANAGE PIPNG Q71 = LF STORM DRAINAGE PIPING (24-1 STORM DRMVAGE MPNG aM ti ' OS LF AMT STORM DRAINAGE 84PM CIO1 4W LF STORM DRAD44GE PIPING I361 30 LF STORM ORAN"" PIPING f391 341 LF STORM DRAIMf.E PIPING (An 206 LF r PVC STOMA 514 LF 6• PVC STORM 245 LF I r PVC STORM 166 LF 1: PVC STORM 174 LF 15' PVC STORM 145 LF PVC STORM FITTING 1 LS OG ROOF DRAW STUBOU(S 32 EA r ROOF DRAW STUBOUTS 6 EA SLOTTED ORANB It21 140 LF SLOTTED DRAINS f1Y1 1.640 LF SLOTTED DRAINS (7.11 180 LF VALLEY GUTTERS a SLOTTED DRAINS 2.100 LF ATCH BASH Q BUILDINGS 3 EA 2-ft T Box CULVERT 36 LF 3C 7YPE B HEADWALL 3 EA 36-7YPE B HEADWALL 1 EA 24' TYPE C HEADWALL 1 EA 36'TYPE C HEADWALL 1 EA WATER SERVICES - PVC WATER SVC -0 BLOGS /620 LFI 11 EA 7 PVC WATER SVC TO BLDGS (280 LF1 6 EA 6.OR PVC WATER BBB LF 6.OR PVC WATER (FNtE) 540 LF ' 1. OR PVC WATER 3.140 LF r CATE VALVE Wr BOX - 47 EA a' GATE VALVE W1 BOX 23 EA ?*BLOWOFs VALVE 5 EA S DOUBLE GATE VALVE i DETECTOR CHECK 7 EA FIRE HYDRANTS 24 EA O.1. FITT14G5 1.00 LS COMVECTTO E7USTNG (1746 levee) BENDS) 2 EA CUT 4 PLUG EJ' ISTNG 1? 1 FA TRENCH SAFETr 9.5W LF SPOIL REMOVAL FROM SITE 1 LS G TES WATER LINES I LS SUBTOTAL WATER SERVICES 4.254 LF B_2 HCB CONTRACTORS ROUGH ORDER OF MAGWTUOE ESTBAATE 'ML• INFRASTRUCTURE MEN ll1R.TTIES PRNATE UTILRIES TO BE PROVIDED 1 LS BY OTHERS, SUBTOTAL OTHER UTLMES 1 LS STREET PAYING PAVING - STREET IO LIME PREPARAT)ON 1.157 SY BLUE -TOP AFTER LMLIIY WORK 1.157 SY T ASP 'IALT ROADWAY 1 1ST sY L0"rM 4N L GRAPFBC.S 1'U ELECTRIC �+ UNDERGROUND ELECTRICAL SYSTEM f11 1 LS ?AD MOL INM TRANSFORMERS Ol 1 LS =ONOUrrS Arlo OUCTLAW oyERMEAO mirmainaN RELOCJITION ID 1 L3 4IZTER BCLAPMENT AND BASES M STR--TLIGNIs RI 1 Ls S(TE 3RAP"CS fPRM 1 LS SUBTOTAL LJGHTNP DISTR. i GRAlMCS 1 LS OFF.SRE ROADWORK TRAFFIC SIGNAL WO -W'I : SIGNAL O 17M A STREET -B' 1 Ls AL: CARROLL AVE. WORK DELETED 1 LS SUBTOTAL OFF.4TE ROADWORK 1 LS ROAD tlFOO1PICAT1O1Lt ' DECELERATION LANE o 1709 1 EA CJRBS CUTS ] EA SUBTOTAL ROAD MOOIFCCATIONS 1 LS SUBTOTAL OFF.VrE ROADWORK 1 LS La B-3 CONTRACTORS I ORDER OF MACWrUOE ESTV"TE NFIIASTRUCTURE REIN l DESCRIPTION TNe4 Ow.any U.AL SIDEWALKS CRAONG FOR GRADE FOR LIME Islae.41 — type OACI 8.344 SY GRADE FOR LIME (elae.Al o.w4wre..I4r) 4.720 ST GRADE FOR LMIE fmk ky-wg4" a RI 7.311 SY SUBTOTAL CRAONC FOR LJME 20.37S SY STREETSCA►E STRE_ET'B' SIDEWALKS A PAVING STREET SIDEWALKS 6.605 SF AOARANIPS 2 EA SUBTOTAL MOEWAUU A PAVING 6.065 STREET FUR7f7URE TRASH RECEPTICALS B EA BIKE RACKS 2 EA BENCHES 0 EA SUBTOTAL STREET FURNITURE 0 EA STREET TREES PLANTERS. IRRIGATIOK DRAINAGE TREE GATE SUPPORT GALV IRON 0 Las TREE GATES 0 EA SHRUBS 0 BENCHES 0 EA CAUPER TREE 0 BENCHES 0 EA GROUND CVR 0 BENCHE3 0 SF 3.V CAUPER TREES Q STREET 14 EA GROUND CVR a 3S' CAUPER TREES 446 SF GROLW CVR O PLANTERS 01 SF SER► UM SOO 36 SY IRRIGATION 22M SF TREE ORAR4AGE 14 Ell TREE WELL COrOUTS A IRRIG. SLEEVES 8 EA SUBTOTAL TREES. PLANTERS IRRIC... 2.2f0 SF �Cf]J.EOILS OTNQ TT9LS POLE FIXTURES POLE BASES 0 EA 0 EA STRIPING 0 LF •RECASTBUAPER STOPS 0 EA SUBTOTAL MSC. OTHER RE)AS 0 EA SUBTOTAL STREET'B' 710 LF ST_RE�EET'7 AOEWALKS A PAVING STREET SDEWALKS 16.755 SF FADE OUT STEPS 175 LF ADA RAMPS 20 EA SUBTOTAL S6DEWALKS A PAVING 14.735 STREET FURNITURE iRAS14 RE---WnCALS t t °A BIKE RACKS 4 EA SEINCHEB 6 5A SUBTOTAL STIIEET FURNITURE 23 EA MSCELLEOUS OTHER TTflAS :IGFR POLE FIXRKHES 0 EA LIGHT POLE BASES 0 EA STRIPING 1.751 LF PRECAST BOWER STOPS *04 EA SUBTOTAL NUM. OTHER ITEJRS 0 EA ATOTAL STREET'C 021 LF B-4 HCB CONTRACTORS ROU71 ORDER OF IMOITUDE EST7RATE NFRASTRUCMRE REM � DESCRIPTION ToIN VNEET'C'• PARKSOE SIDEWALKS A ►AVNG STREET SIDEWALKS 6.261 SF ADA RAMPS 7 EA SUBTOTAL SIDEWALK: A PAVNG 6.201 STREET FURNITURE TRASH RECEP r-46L 3 EA BIKE RACKS 0 EA BENCHES 1 EA SUBTOTAL STREET PU LWMItE A EA k%SCELL.EOUS OTHER Mass LIGHT POLE FIXnAES 11 EA LGHT POLE BASES 0 EA STRII N 0 LF PRECAST BUMPER STOPS 0 EA SUBTOTALM= OTHER ITMRS 0 EA SUBTOTAL STREET'C PARKSIDE 023 LF STREET -0 SIDEWALKS A PAVNG STREET SIDEWALKS _ — 16 76S SF F E OUT STEPS 21A L: 'CE RAMPS SU OTAL SIDEWALKS A PAVNG 10 LF 20 EA 16.7IS STREET FURMTURE TRASH RECEPTICALS 11 EA BENCHIES 6 EA BIKE RACKS A EA SUBTOTAL STREET FURIITURE 27 EA MSCELLEOUS OTHER ITETRS u %OLE FOCTURES 0 a LXi1T POLE BIASES 0 EA STRIPING 1.751 LF ►RECAS'. KUPER STOPS 104 EA SUBTOTAL IBSO. OTHER ITEMS 0 EA SUBTOTAL STREET'0. 021 LF . B-.5 HCS CONTRACTORS ROUGH ORDER OF MAG TTUDE EST7IM TE CML- INFRASTRUCTURE REM I DESCRIPTION BrlAEET O-•ARKSO SIDEWALKS A PAVING Tom, a.r.Rr U.AL STREET SIDEWALKS 6,761 SF ADA RAMPS 7 EA SUBTOTAL SIDEWALKS A PAVING 6.261 STREET FURNITURE TRASH RECEPTTCAL 7 EA BIKE RACKS 0 EA BENCHES I EA SUBTOTAL STREET FURNITURE 4 EA -, EM IN OTHER rron LWN POLE F=URES 11 EA UG tT POLE BASES 0 EA STRIPING 0 LF PRECAST BUMPER STOPS 0 FA SUBTOTAL 00C. OTHER ITEMS 0 EA SUBTOTAL STREET'O' PARKSIDE 623 LF STREET 7' RBBCELLEOUS OTHER ITEMS IIGHT'01E FUCTUR..S 0 EA LIGHT POLE BASES 0 EA 340 LF PRECAST WAVER STOPS 27 EA SUBTOTAL MISC. OTHER TTETAS 0 FA SUBTOTAL STREET 7' 200 LF B-6 r. '4C8 CONTRACTORS ROUGH ORDER OF MAGNITUDE ESTIMATE =ALz-RASTRUCTURE ITEM I DESCRIPTION TWW um my oU.K STREET ^-. ►ARK7ei SIDEWALKS a PAVNG STREET SIDE-- 3.304 SF ACA RAMPS 1 EA ' UBTOTAL SIOEWALKS a PAVV/G 2.304 SF STREET FURWnME TRASH RECEPTICALS 2 EA BENCHES 2 EA BIKE RACKS 0 EA SUBTOTAL STREET FURNMWE 4 EA MSCELLECUs OTHER "Im TIGHT POLE FOQURES 0 EA JGHT POLE BASES 0 EA STRIPM 0 LF PRECAST BUMPER STOPS 0 EA SUBTOTAL I110C. OTHER ITEILS 0 EA SUBTOTAL STREET T PARKME 200 LF TRIzT't' 21OEVVALKS a PAVM STREET. SIDEWALKS 20.019 SF FAD TSTEPS AD S S� a ►AVMP -rREET FURNITURE SOD LF 14 EA 21LIll Sf 'WASH RECV'nCALS M EA BENCHES B SIKE RACKS 4 EA SUBTOTAL STREET FURNTURE u EA LSCPLLEOUS OTHER IT®IS -KiMT POLE FIXTURES 0 EA ANT POLE BASES 0 EA - STAIPV9G 2.040 LF PRECAST BVMPER STOPS 1B0 EA SUBTOTAL IBC. OTHER TTEIB 0 EA :UBTOTAL STREET -A- 1.257 LF B-7 WC CONTRA ROER OF IKAGWTUOE ESTNATE IIASTRUCTURE ITEM 1 DESCRIPTION Ta.I OurmlT U.AL STREE''U' • ►ARKSIO£ SIDEWALKS L ►AVNI STREET SIDEWALKS 5.564 SF ADA RAMPS H EA SUBTOTAL SIDEWALKS i ►AVMG S•SBO SF STREET FURNITURE TRASH RECEPTIGLLS 0 EA BENCHES 0 EA BIKE RACKS 0 EA SUBTOTAL STREET FURNITURE 0 EA ueern anus OTHER ITE7fS LIGHT POLE FIXTURES H EA LIGHT POLE BIASES 0 EA STRIPMG 0 LF PRECAST SA+PER STOPS 0 EA SUBTOTAL IBSC OTHER ITEMS 0 EA SUBTOTAL STREET'i' - PARKSDE 1257 LF STR_ EF'S' UNP-M 0 SF 0 EA SUBTOTAL SIDEWALKS i ►AVMG 0 SF STREET FURWTURE TRASH RECEPTICAlS 2 EA BLS ] EA BIKE RACKS 0 EA SUBTOTAL STREET FURWTURE S EA MISCELLEOUS OTHER ITEMS -*HT POLE FIXTURES 0 EA :KWM POLE BIASES 0 EA STRIPMG 560 LF PRECAST StAM£R STOPS 27 EA SUBTOTAL mC. OTHER Ti'EBLS 0 EA SUBTOTAL STUTEET'S' Z00 LF . B-8 HC8 CONTRACTORS -000A4 ORDER OF o1A494TTUDE EST71tATE VIL • INFRASTRUCTURE REM! DE+^CRIrnoM Tow 0—*" U.ML STREET SIDEWALKS A ►AV04G STREEE71 SK)EWALKS !F-29 SF ADA RAMPS 4 EA SUBTOTAL SIDEWALKS A ►AVW G 5.=9 Si STREET F» &MME TRASH RECEPTICALS 0 FA BEN04ES 0 EA BIKE RACKS c EA SUBTOTAL STREET FLRMTURE 0 EA NOCELLEMO OTHER KEYS —I POLE FIXTURES 4 EA LIGHT POLE BASES O EA STRIPING U LF PRECAST 9LA OmR STOPS O EA $=TOTAL HtTC OTHER TEAS 0 EA SUBTOTAL STREET Y' . PARKSWE 2D0 LF STREET 17w SWEWALKS A PAVWG -FREET SUDEWALKS 7.448 SF RAMPS BTOTAL SRIEHVALKS A PAVRW 0 EA 7A40 SF STREET FURIRURE TRASH RECEPTICALS 11 EA 3&JCHFS 0 EA BIKE RIIL:iLS 4 EA SUBTOTAL STREET FURMTtME 15 EA MISCELLEDUS OTHER RENTS LIGHT POLE FOUVRES 0 EA UGFT PDLE BASES 0 EA. STRIPING 0 LF �RECAS7 BLMPER STOPS O EA AU[TOTAI H[[C. OTHER REDS ' 0 EA iU[TOTAL STREET 17120 1.1114 LF B-9 NCB CONTRACTORS Cy'7UCH ORDER OF MAG WDE E.TTTIATE 4-NFRASTRUCTURE REM I OESCRIPTRIN Tail Ou"WY U.AL CARROLL AVENUE MOEWALKS L PAVING STREET SIDEWALKS 6.042 SF ADA RAM/5 I EA SUBTOTAL SIDEWALKS i FAVNG 1."2 SF STREET FURI'ElURE MIJH RECEpTICAL S 5 EA SEHCMES 0 EA SIKE RACKS 2 EA SUBTOTAL STREET PUMRURE IRA . IMSCELLEOW OTIM ITEMS UT31T POLE FDBURES O EA LIGHT POLE USES 0 EA STRPNf 0 LF PRECAST ouLv-ER STOPS 0 EA SUBTOTAL MSC OTHER ITEMS 0 EA SUBTOTAL CAR—" AVENNE 1 103 LF B-10 HCB CONTRACTORS ROUGH ORDER OF MAGNITUDE ESTWAATE MML - WRASTRUIMRE REM I OESCRIFTKAN Tar O.-day U.M. IA RY OF T G R 51 EWAlK2 I PAVNG STREET'- 6.665 SF STREET ^ 16.765 SF STREET T-PARKSIDE 6.261 SF STREET4' 16.765 SF STREET 4- PARKSIOE 6.261 SF STREET'r 2.353 SF STREET'r - PARKSIOE 3.30E SF STREET'1' 2a.616 SF STREET'/' • PARKSSOE S.566 SF STREETS- 0 SF STREET'S'-PARKSIOE 5.228 SS STREET 1709 7M9 SF CARROLL AVENUE 6.042 SF SUBTOTAL SIDEWALKS I ►AVM 161.33E SF STREET FIRRNITURE STREET T3' 6 EA STREET *=' 23 EA STREET Z - PARKSIDE • EA STRE_r'C- 23 EA STREET'D'-PARKSIOE 1 EA STREET'r B EA STREETT-PARKSIOE 1 EA STREET-1- 33 EA STREET '/'. PARKSIOE 0 EA STREET'S 5 EA STREET V - PARKSIDE 0 EA STREET 1708 15 EA CARROLL AVENUE 7 EA SUBTOTAL STREET FURMTURE 136 EA STREET TREES. PLANTERS. RRRIGATOK DRARIAGE STREET"r 2200 SF sTRwr 7 SAMS SF STREET— - PARKSIDE 1.361 SF S REr 1' 5.015 SF STREET''-PARKSIDE 13M SF STREET" 1.3" SF STREET''-PARKSIDE 1.3p SF TREEET•r man SF TREET'�'-PARKSIDE 2.160 SF STREET'" 0 SF STREET T-PARKSIOE Z.372 SF STREET 1706 S5.361 SF CARROLL AVENUE IQ.rM SF SUBTOTAL TREE= PLANTERS. RRRIG- 10731B SF MISCELLAN000S OTHER ITEMS STREET" 0 EA STREET-t- 0 EA STREET'C'-PARKSWE 0 EA SrREET "t- 0 EA STREET -X-PARKSIOE 0 EA S77REET73' 0 EA STREET"- PARKSIDE 0 EA STREr,--r 0 EA STREET'N'-PARKSIDE 0 EA STRE-'S 0 EA STREETS-PARKSIOE 0 EA STREE'. I7w 0 EA CARROLL AVENUE 0 EA SUBTOTAL MIBC. OTHER ITEMS 0 EA B-11 0 COWMACTORS ROUGH ORDER OF AIAG►fTUDE ESTBAATE Oft - INFRASTRUCTURE IT ELI I DESCRIPTION Tam1 Our wv UAL STREETSCAPE TOTALS STREET'r 710 LF STREET'C 020 LF STREET-C- PARKSIDE 020 LF STREET-' M LF STREET"O'- PARKSIDE 02B LF STREET 7' 200 LF STREETT-PMKSIOE 200 LF STREET'4' 1.2S7 LF STREET -P-PARKSUOE 1M7 LF STRUT 4 200 LF STREOR'S'-PARKSIOE 200 LF STREET 1700 1.165 LF CARROLL AVETRJE 1.1/0 LF SUBTOTAL STREETSCA►E (ALL STREETS) 10.0BS LF SLV MARY OF RMIS BY CATEGORY SUBTOTAL SOEWALKS I PAVNG 104=8 SF SUBTOTAL STREET FURNITURE 130 EA SUBTOTAL TIIEES PLANTERS. IRRIG-„ 107.519 SF SUBTOTAL MR3C. OTHER ffams 0 KA SUBTOTAL STREEMAPE UAIL STREETSI 10.005 LF SUBTOTAL SIDEWALKS 104.235 SF TOTAL INFRASTRUCTURE LESS PARKS B-12 NCB CONTRACTORS ROUGH ORDER OF MAGNITUDE ESTIMATE CML• WRASTRUCTURE REM I DESCRIPTION Taw OU.,*" U.M. "JB KS TOWN SQUARE MOUNTAIN BLOCKI ADA RAIUPS 0 EA FOUWrAN ALLOWANCE 1 LS SUBTOTAL TOWN SOIL,PIE FOUNTAIN 1 LS BANDSMELL SQUARE I►AVIUON 6LOCK1 'OUNTAN ALLOWANCE t LS SUBTOTAL WaSHELL SO, FOUNTAIN 1 LS SANOSHELL ►AVKJON 2500 SF SUBTOTAL BANOSHELL PAVILION j.5w SF :USTOTAL PARKS 75.500 SF OT RASTRUCTURE INCLUDING PARKS so AC B-13 EXHIBIT C DEVELOPMENT REGULATIO`S In this P.U.D., the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Co,,.rehensive Zoning Ordinance. Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Pernitted uses shall be in accordance with the C-3 Zoning District except as otherwise provided below. b. Non -Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit"): pudxmarch.w rd. Development Reg_i_::ons FNAL Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. DR-1 C-1 RECD J U L 2 8 1997 Non mechanical penthouses intended for human occupancy. tifortuaries, funeral homes and undertakers. Plumbing and heating appliance repair and instalIa:ion services, except where such services are provided incidental to the retail sale of plu.^bind and heating appliances and supplies. All storage of materials must be indoors within this zoning district. d. Outdoor Displays and Sales - The following outdoor displays and sales shall be permitted: Outdoor temporary removable displays and sales for fairs, festivals and other'special events held in outdoor spaces by Specific Use Permit. 2. Outdoor vendor sales (with acces'sor;, display and storage) in temporary or movable structures, including but not limited to sales of seasonal merchandise, fruit and vegetable market sales, sales of arts and crafts items, sales of specialty food items, and sales of a similar nature, subject to prior approval as to any such use by Specific Use Permit. Locations for outdoor vendor sales shall be approved as part of development plan or site plan review, as determined by the City Council. 3. Sales from kiosks at locations approved as part of an approved development plan or site plan, subject to prior approval as to any such use by Specific Use Permit. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C-3 district. L-i addition, the following accessory uses shall be permitted: outdoor dining and seating areas street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this P.U.D., the following development regulations shall be applicable: a. Building Height: Subject to the clarifications and modifications listed below, no building shall exceed three (3) stories, nor shall it exceed fifty-two (52) feet in height. Nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section unless specifically exempted: 43.9• C.l .9 ��) pudxmarch.wpd. Development Reguia"ons FINAL DR-2 C-2 1. The reference datum shall be established by the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-wav, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining side,.t-a!k or �rouvnd surfaces slope an average of 5% or more as measured along portions of the building abutting a public right-of-way, a maximum building height of fifty-seven (57) feet shall be permitted. 3. In the event a Building for a City Hall facility is located on the block bounded by Street 3, Street D, Street 4 and Street C, such building may be built to four (4) stories or sixty-five (65) feet in height; 4. No maximum number of stories shall be applied to parking structures; provided, however, in no event shall parking structures exceed forty-two (42) feet in height as measured from the ground elevation; pi.:vided, however parking structures shall be permitted to a height not to exceed fifty (50) feet by Specific Use Permit; 5. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, and shall be exempt from the maximum elevation limitation of Section 43.9.c.I (g)i. of the Comprehensive Zoning Ordinance; 6. Mechanical penthouses ancillary to the uses below, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, or other mechanical equipment may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 3.a.5. Penthouses intended for human occupancy and ancillary to uses within a building may be allowed pudxmarch.wpd. Developr:ent Regulations FINAL DR- C-3 by Specific Use Permit as determined by the City Council: in connection with development plan or site plan review. b. Front, Side and Rear Yards: With the following exceptions, no font, side or rear yard is required: 1. Buildings along Highway 1709 and the east right-of-way of North Carroll Avenue shall maintain a minimum burry -two (32) foot setback; provided, however, in areas where right-of-way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. In the event the North Carroll Avenue right-of-way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected east right-of-way of North Carroll Avenue based on information available at the time from the City of Southlake. No service drives, parking; sidewalks greater than six (6) feet in width, or other impermeable surfaces shall be permitted within the setback herein provided unless buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along F.M. 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right-of-way of State Highway 114; provided, however, in the event such right-of-way has not been established at the time of development plan or site plan review, the setback shall be maintained from the projected right-of-way of State Highway 114 based on information available at the time from the Texas Department of Transportation. As to all other P.U.D. boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the P.U.D. C. Maximum Lot Coverave: The maximum lot coverage for individual lots is 100%. However, the maximum aggregate lot coverage for all buildings as a percentage of the P.U.D. as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty-five percent (55%). d. Building Envelopes: Where `Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structwes) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, pudxmarcr..wrd. Development R"u!a::ors FNAL DR-4 C-4 as determined by the City Council in connection with development plan or site p"an review. , e. Common Open Space: Common Open Space as designated or, the Concept Pia : Z-alI be provided for public use. No building or other stricture s'rall be _onstr-acted on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by F.M. 1709 to the south, Street "5" to the north, Street "C" to the east and Street "D" to the west. f. Building Orientation: Any Building (excluding parking garages and other accessory buildings) within one hundrdd fifty (150) feet of a public right-of-way saalI either face such right-of-way or shall have a facade facing such right-of-%vay in keeping with.the character of the main facade. g. Building Phasing: Buildings adjacent to F.M. 1709 and North Carroll Avenue, as well as those buil,-ings facing the 3 block "Town Square" district (defined as that buildable area bounded by F.M. 1709, Street C, Street 3, and Street D, excluding a building on the block bounded by Street 3, Street D, Street 4 and Street C) shall be constructed prior to the construction of any above -around szuctured parking behind such buildings. h. Facade Articulation: Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.1(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade - iculation. Nothin; in this paragraph shall require the retrofitting of an existing ilding. 4.0 Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-o' way, provided that i) no projection shall be permitted into a public easement or right-o way along F.M. 1709, North Carroll Avenue or State Highway 114; fi) such projections do not extend over the traveled portion of a roadway; iff) the property owner has ass.:rned liability related to such projections; and iv)'the property owner shall main-_,::: such prof=ctions in a safe and non -injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. pudzmar ci.%v*. Development Rev.:ions FINIAL DR-5 C-5 b. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. architectural Projections, including bays, towers, and oriels; show windows (lst oor oniy); below grad aults and areaways; and elements of a nature simila.- to t ose listed; may project up to fogy -two (42) inches into a required yard or beyond the building face. d. `o portion of an architectural projection described in Sections 4.0a, b and c above less than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. C. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb. Ground -mounted supports for items in this Section 4.Oe may be approved as part of development plan or site plan review, as determined by the City Council. f. Below -grade footings approved in connection with building permits. 5.0 Off -Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On -street as well as off-street parking shall be permitted within the P.U. D. b. Up to twenty-five percent (25%) of required parking may be compact spaces paving a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on - street and shall be limited to off-street parking locations. Each compact space shall be clearly designated. C. Required parking shall be located and maintained anywhere within the P.U.D. On -street parking and shared parking anywhere within the P.U.D. may be counted toward the off-street parking requirement for the P.U.D. d. Where on -street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on -street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. pudmarch.w; Development Rcv.;:s:iers FNAL DR-6 C-6 e. The parking requirement for office uses set fonh in Sections 35.6.b(6)(a), (c) and (d) of the Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet of floor area. f. The parking requirement for all retail uses set fo-Z in Section 35.6.b(5)(a) and (e) ofthe Comprehensive Zoning Ordinance is one. (1) parking space for 220 square feet of floor area. g. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. 6.0 Off -Street Loadin;: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space b. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 1. Number of spaces: pudxmarch.0 rd. Development Regu! tons FINAL Office Uses or portion of building devoted to office uses: 0 - 49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 13 regulars aces Retail Uses with the following Tenant size: 0 - 9,999 sf 0 spaces 10,000 - 49,999 sf* 1 regular space 50,000 - 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 1 2 large spaces DR- % C-7 Restauran(z Tenant size: 0 - 9,999 sf 0 spaces 10,.000 sf and up* 1 regular space *The load rg requirement for »rultip!e terarss that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. 2. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall - be provided. 7.0 Streets and Sight Trian;les: Within the P.U.D. the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with RINM. 1709, Carroll Avenue and State Highway 114. These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right-of- xay at the intersection and a point extending away from the intersection a %:stance of forty (40) feet along the existing roadway right-of-way line. See =xhibit A attached hereto and incorporated herein by reference for examples of the sight triangle provisions of this Section 7.0.a. b. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground s-rface to the first branch along the tree trunk. C. Nothing contained herein shall vary or supersede public safety requirements of the City of SouthIake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. pudxmarch.wpd. Development Reg_:a::cns FINAL DR-3 C-8 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except screens comprised of planting materials and located %vithin bufferyards along the boundary of the 1 .6. shall be exempt i*om the architectural fencing offset require:-znts of Section 4.:.9.c. L(e). 9.0 :above Grade Structured Parking - The following exemptions sb,all acpi:• to above grade structured parking facilities: a. :above grade structured parking facilities shall be exempt from the accessory building limitations of Section 34.2 of the Comprehensive Zoning Ordinance, provided that such facilities meet the applicable requirements of these Development Regulations for principal"buildings, except for number of stories :which is not limited (subject to the maximum height limitation as set forth in Section 3.Oa of.these Development Regulations); provided, however, that the Horizontal and Vertical Articulation requirements of Section 43.9 of the Comprehensive Zoning Ordinance shall not apply, except that, subject to the limitations set forth be,iw, Vertical Articulation shall be provided at elevations visible from North Carroll Avenue between State Highway 114 and F.M. 1709, or F.M. 1709, and/or are visible from a tract zoned residential and/or designated as lo:v or medium density residential on the Land Use Plan, the property lire of v.hich is within four hundred (400) feet of such parking structure. In addition, any such visible elevations shall have a solid parapet wall of not less �-ian forty-six (46) inches and shall utilize colors consistent with the surrounding principle buildings. The following exceptions to the above limitations shall apply: (i) elevations visible between gaps between buildings of fifty (50) feet or less shall be exempt from the Vertical Articulation requirements; and (ii) elevations which are set back behind a building pad for a future building, which I has not yet been built as of the date the parking sjncture is built, shall be exempt from the Vertical Articulation requirements for a period of three (3) years until such time as the future building is built; provided, however, in the event such building has not been built within such three (3) year period, the parking structure shall thereafter be modified to comply with such Vertical Articulation requirements or in the alternative shall be screened with trees or other appropriate planting materials until the time that such building is built. If screening is used, the method and type of screening shall be subject to the City's approval. One specific exception to the time f: arnes nominated above is made as the block bounded by Street 3, Street D, Street 1, and Street C whereby the time limitation referenced herein is reduced from, three (3) years to ttivo (2) years. pudxmarch.wpd. Development Re2_':::;,ns FNAL DR-9 C-9 b. If not abutting a right-of-way, above grade structured parkin; facilities shall be provided with adequate access from public rights) -of -way via private drive(s) and/or access easements. 10.0 Accessory Structures - The following restrictions shall apply to accessory structures: a. With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. 1. park pavilions or bandshells 2. above grade structured parking facilities. No item listed above shall exceed fifty-two (52) feet in height or, in the case of above grade 'structured parking facilities, the lesser heights allowed under Section 3.Oa of these Development Regulations, nor shall it exceed, where applicable, the maximum elevation limitation of Section 43.9.c 1(g)i. of the Comprehensive Zoning Ordinance b. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. 11.0 Minimum Width of Enclosed or Partially Enclosed Open Space - In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following definitions and requirements for minimum Court widths shall apply: a. Minimum widths shall be based on the following schedule: CO UR T TYPE 1tiIIiYIMUM WID THIAREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide. pudxmarch.%-pd. Development Re3ula:'.ons FNNAL DR-10 C-10 b. For purposes of subpart a. of this section, the following definitions shall apply: Court: An unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or b;. Vvo (2) or more exterior.•ails, lot lines, or %ards. Not a court niche. Court. closed: A court surrounded on all sides by the exterior walls of a building, or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche: Not a court. An indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. OQpen Court: A court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non -rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. 12.0 Interior Landscape areas - Specific requirements for interior landscape areas shall be determined at the time of development plan or site plan review, as determined by the City Council. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. 13.0 Irrigation - Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought -tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 14.0 Realignment of North Carroll Avenue - All land uses within the proposed P.U.D. shall be in accordance with allowable uses in C-3 zoning, as modified by the development regulations of this P.U.D.; provided, however, in the event any property within the P.U.D. shall become located west of the North Carroll Avenue right-of-way due to the City pudzmarch.-A•rd. Developmen: Reg•.j'.a:.cns FRNA L DR-i l C-11 acquiring additional right-of-way and realigning North Carroll Avenue to the east as shown on the Concept Plan, such property to the west of North Carroll Avenue shall be used and developed only in a manner consistent with all zoning or other development standards that would apply to.property that is zoned C-3 under the Comprehensive Zonin; Ordinance of the City of Southlake. pudxmarch.wpd. Development Regulations FINAL DR-12 C-12 LEGENO= SITE TRIANGLE OR SH 114 40. I{JC/to Oeve/opment - SovtNcke Town Center .r C-13 R.O.W. FIGURE 7A SIGHT TRIANGLE DIAGRAM BARTON—SCHMAN ASSOC:A—,,S.INC. OP�30•+3 10�30"TwTO.• -a%- VIA CONCEPT PLAN 11 for i Proposed Non —Residential P.U.D. District Southlake• Tarrant County. Texan October 14• 1996 '; �\ •�\ ; it j � — � O i r:: -I R T Ch.ARD EADS I " r•' avwf .-rr 1141 l, AG r III f�'S• NIXED USE 1 ! jr-✓"�� - C3 5 �� _•I NIXED ! USE` AG• . . '?:i CITY CS C) \ ♦, a.Kf 4aLL T r• I •..a �.+• ui X .,. (his \tea yaG.3 Io ; I) I I S1d—rrZ—'s11 .—J� — _ '•: . _ •�..6j �� NIXED USE C3\� •: -\ O NIXED ~ �• USE — Cn » .. rr'• • sf '�� : I ;v �3.._ � �'�� � / 0 4f.. � :: rw 1 a... XED USE C3 — I+_= aG—�li�.•�i'_ [...._. / -HiXED USc AG AG ° I�r�N r• o 0 0 0 'g \c:,I i -- N l ..f . +1 +rsi ::.•` x..:r. GOSP2A + af• OI � I /j .. I ?+r•, ,•c co+cwa / 4IXED USE .•Sol r V• I� I •-- NIxEO USE I ....�• of 1 f wff �r•rf Y/,• Y •if Ifa Nf •,rY M ••4,4rr • .•t1 • I , t • Nf • y1mv.— K0 •ftY•r, r•O . p•J / ••ft•rT14, r••fa of ..rvc•+� !M. •..w.. .••.r Nnf.a .•,r.f�. +••t SOUTHLAKE I CENTER RIALTO _LOPStY,' •�'"�=�"=•� w "" CONCEPT PLAN C-14 RECD DEC 0 9 iS9.6 Im r*4 ate • e I aa:1aia�} uw i� iP I xw.'iy Ji i�' �i j+!zii£ .•=�?c `V1-'y' 'L� = ix 7�1 i 1. �" .. j.l , 13�t3.5 Nu .p•i `3'- .} a r'3 �3. St. '1 (I pQ { t !!, Y_ I.. .� I uJSi�t! 1 ii�it! oil�td `�it: u�{tii �:;1t!� s�it;I :�it: uuit3l `"`/i,IIli�Ii-:1 I , iiil,l~�_I I iJ yYY9 3a?a �� • la ., � . � :E3t � 5q as q n`.!.`� I -� � _ .•��� q�;..aka UP q, Etaaaa q' •a;�sY><tx J,'J, 3 1p fix! e iiiIIlllii 9 = k }=i2eiiidi � iiMir Y ii2?IIi'Iii a �Y� =Y•II Y Y xaa:ararla �i::Y:.� 1dr�Ia!Iy1 i3Yai-3 i aaaiuuaa "e 4:�: ze3 �i I Cr) 2�t'W8 iio a . i Rm z GCo I I pp C U w '•S � U V Lr••) � F e �+ icn .« r.11 m i m.Y =® o k L y o o r•r1 m i m.0 1"! k sz�� e�.:ri , �� 1'rr1 YI J. YYY Q O N - y1jo-7: •I I 3 J iI s t T if uiyl � 3� O O O C3J O C �—.— . IG O ® O C Ng =i-: o co ® o c '•-1 :•yli�i .J1 ii e i jj�r •.: �Fj�r r aaif.:l Ili! i l_ ! I i i3 3 i EXHIBIT D i i 1I,1�•�, al "ir' ti l �`>;il i ' •I,, it III'II II •�'!I I\ fi �: !: jl i I �•IfrII,I i��� j 'IMi911.11 � i� I •t f l t i.:j !� ik I • 1 �I Ir I a •Y s� EXHIBIT E ------------------------ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "Agreement") sets forth the terms and conditions whereby Southlake Venture West, L.P. (the "Developer") agrees to donate land (the "Property") to the City of Southlake (the "City") for the intended purpose of the City's development of a City Hall (the "Building"). The City is considering joint -use of the Building for the administrative offices of Carroll Independent School District and/or Tarrant County. This Agreement is a binding agreement on the undersigned parties, subject to the terms and conditions contained herein. This Agreement is subject to the formation of Tax Increment Reinvestment Zone #1 (the "TIF"), Southlake, Texas. PROPERTY: Approximately 0.71 acres of land, situated in the planned unit development for Southlake Town Square, Southlake, Texas, as shown on the site plan attached as Exhibit A. The Developer agrees to contribute the Property subject to the City's commitment to construct the Building, as set forth herein. BUILDING: Up to an approximately 80,000 sq. ft. Building. PARKING: The Building will require parking at a ratio of not less than one (1) space for every 330 square feet of building area ("Parking"). The Developer will provide such Parking subject to the following conditions: 1) 25% shall be specifically reserved for the exclusive use of the Building occupants, the residual 75% shall be non- exclusive; 2) provided further that ten (10) spaces shall be provided, and exclusively reserved, as on -street adjacent to the Building for short-term parking; and 3) that the City shall pay all costs associated with such Parking, subject to the City and the Developer entering into a separate agreement providing for the location of all exclusive parking and any terms, conditions and/or limitations to the city's payment of such costs. CONSTRUCTION OF IMPROVEMENTS: The City shall construct the Building and related landscaping (collectively, the "Improvements") and the Developer shall construct the Parking. The City shall provide for the design of the Improvements subject to the architectural control of the Developer. The Developer shall provide for the design of the Parking and related improvements subject to the City's reasonable approval. E-1 REIMBURSEMENT OF �W IMPROVEMENTS: Upon completion of the design of the Parking (as agreed to by the City and the Developer), the Developer shall provide the City a mutually agreed contract for construction of Parking which will include a schedule on the timing of completion. TIMING: The City acknowledges that the construction of the Building is integral to the success of the Developer's Southlake Town Square project, (the "Project"), and the Developer acknowledges that the successful completion of the Project is integral to the City's commitment to locate the Building on the Property. Pursuant to the City's execution of this Agreement, the Developer agrees to commence construction of Phase I of the Project (a minimum of 240,000 sq. ft. of commercial retail and office building space, exclusive of the.Building), prior to March 31, 1998. Subject to the Developer's tirr ily start of construction, the City agrees to commence construction of the Building by August 31, 1998, subject to the City having one (1) six (6) month right of extension. Subject to completion of Phase I of the Project, the City agrees to complete construction of the Building prior to November 30, 1999, subject to the City having one (1) six (6) month right of extension. RIGHT OF FIRST REFUSAL: The City shall have a right of first refusal on office space located in the two (2) buildings in the Project located adjacent to either side of the Building, as shown on the site plan attached as Exhibit A. This Agreement represents all the terms and conditions between the City and the Developer with respect to the Property and the Building, is intended to be a binding agreement, and cannot be amended or superceded unless done so in writing. E-2 4 SOUTHLAKE TOWN SQUARE Phase I Stages 1-4 T.I.F. Reimbursement Schedule (Public Improvements Complete as of April 23, 2001) % T.I.F. Item Description Total Cost Reimbursable Reimbursement IIiiiW 1) INFRASTRUCTURE A) Mass Excavation & Earthwork 375,328 40% 150.131 375,328 150,131 B) Streets & Curbs Storm Drainage 640,352 40% 256,141 Water Services 364,567 40% 145,827 Sanitary Sewer 180.622 40% 72,249 Street Paving 676,364 40% 270,546 Curbs and gutter 108,342 40% 43,337 Lighting Distribution & Graphics 80,995 40% 32,398 Miscellaneous (Beck and Field engineering) 75,392 40% 30,157 Subtotal 2,126,634 850,654 C) Off -site Roadwork Traffic Signal Work 93,811 40% 37,524 Road Modifications 55,518 40% 22,207 Subtotal 149,329 59,732 D) Sidewalks Sidewalk/paving 294,056 40% 117,622 Streetscape 649,311 40% 259,724 Landscaping 237,683 40% 95,073 Miscellaneous (Beck and field engineering) 75,392 40% 30,157 Subtotal 1,256,442 502,577 HC Beck (11.10%) and Cooper & Stebbins (4%) fees (percentage of cost) 602,552 40% 241,021 Interest 203,774 40% 81,510 Loan Fees 29,935 40% 11,974 Allocation of Architect, engineering, & other soft cost -master planning 51,198 40% 20,479 Allocation of Architect, engineering, & other soft cost -phase 1 283,736 40% 113,494 Post construction interest (June 1999 through March 2000) 273,679 40% 109,472 Subtotal 1,444,874 577,950 TOTAL INFRASTRUCTURE (LESS PARKS) 5,352,607 2,141,043 2) PARKS A) Town Square Grading 49,245 100% 49,245 Paving 8,581 100% 8,581 Landscaping 204,228 100% 204,228 Utilities 157,110 100% 157,110 Special Structures 277,823 100% 277,823 Miscellaneous (Beck and field engineering) 31,795 100% 31,795 Subtotal 728,782 728,782 B) Bandshell Square Grading (included with grading under Town Square) - 100% - Paving 57,544 100% 57,544 Landscaping 274,666 100% 274,666 Utilities 63,769 100% 63,769 Special Structures 369,021 100% 369,021 Street Furniture -Victor Stanley 61,784 100% 61,784 Subtotal 826,784 826,784 C) Specialty Lighting and Power for Parks (included in park utilities) HC Beck (11.10%) and Cooper & Stebbins (4%) fees (percentage of cost) 235,508 100% 235,508 Interest 27,393 100% 27,393 Loan Fees 11,643 100% 11,643 Allocation of Architect, engineering, & other soft cost -master planning 10,789 100% 10,789 Allocation of Architect, engineering, & other soft cost -phase 1 56,534 100% 56,534 Post construction interest (June 1999 through March 2000) 115,854 100% 115,854 Less City Hail Block (49,664) 100% (49,664) Subtotal 408,057 408,057 TOTAL PARKS 1,963,623 1,963,623 TOTAL FOR PHASE I - STAGE 1-4 7,316,230 4,104,666 SOUTHLAKE TOWN SQUARE Phase I Stages 1 T.I.F. Reimbursement Schedule (Public Improvements Complete as of March 20,1999, Interest as of March, 2000) % T.I.F. Item Description Total Cost Reimbursable Reimbursement 1) INFRASTRUCTURE A) Mass Excavation & Earthwork 324,935 40% 129,974 324,935 129,974 B) Streets & Curbs Storm Drainage 569,725 40% 227,890 Water Services 333,960 40% 133,584 Sanitary Sewer 142,894 40% 57,158 Street Paving 567,066 40% 226,826 Curbs and gutter 108,342 40% 43,337 Miscellaneous (Beck and Field engineering) 75,392 40% 30,157 Subtotal 1,797,379 718,952 C) Off -site Roadwork Traffic Signal Work 93,811 40% 37,524 Road Modifications 55,518 40% 22,207 Subtotal 149,329 59,732 D) Sidewalks Sidewalk/paving 235,614 40% 94,246 Streetscape 616,269 40% 246,508 Landscaping 237,683 40% 95,073 Miscellaneous (Beck and field engineering) 75,392 40% 30,157 Subtotal 1,164,958 465,983 HC Beck (11.10%) and Cooper & Stebbins (4%) fees (percentage of cost) 518,322 40% 207,329 Interest 165,513 40% 66,205 Loan Fees 26,880 40% 10,752 Allocation of Architect, engineering, & other soft cost -master planning 51,198 40% 20,479 Allocation of Architect, engineering, & other soft cost -phase 1 283,736 40% 113,494 Post construction interest (June 1999 through March 2000) 273,679 40% 109,472 Subtotal 1,319,328 527,731 TOTAL INFRASTRUCTURE (LESS PARKS) 4,755,929 1,902,372 2) PARKS A) Town Square Grading 49,245 100% 49,245 Paving 8,581 100% 8,581 Landscaping 204,228 100% 204,228 Utilities 157,110 100% 157,110 Special Structures 277,823 100% 277,823 Miscellaneous (Beck and field engineering) 31,795 100% 31,795 Subtotal 728,782 728,782 B) Bandshell Square Grading (included with grading under Town Square) 100% - Paving 57,544 100% 57,544 Landscaping 274,666 100% 274,666 Utilities 63,769 100% 63,769 Special Structures 369,021 100% 369,021 Street Furniture -Victor Stanley 61,784 100% 61,784 Subtotal 826,784 826,784 C) Specialty Lighting and Power for Parks (included in park utilities) HC Beck (11.10%) and Cooper & Stebbins (4%) fees (percentage of cost) 235,508 100% 235,508 Interest 27,393 100% 27,393 Loan Fees 11,643 100% 11,643 Allocation of Architect, engineering, & other soft cost -master planning 10,789 100% 10,789 Allocation of Architect, engineering, & other soft cost -phase 1 56,534 100% 56,534 Post construction interest (June 1999 through March 2000) 115,854 100% 115,854 Less City Hall Block (49,664) 100% (49,664) Subtotal 408,057 408,057 TOTAL PARKS 1,963,623 1,963,623 TOTAL FOR PHASE I - STAGE 1 6,719,552 3,865,995 SOUTHLAKE TOWN SQUARE Phase I Stages 2 T.I.F. Reimbursement Schedule (Public Improvements Complete as of March 16, 2001) % T.I.F. Item Description Total Cost Reimbursable Reimbursement 1) INFRASTRUCTURE A) Mass Excavation & Earthwork 43,742 40% 17,497 43,742 17,497 B) Streets & Curbs Storm Drainage 32,059 40% 12,824 Water Services 16,946 40% 6,778 Sanitary Sewer 23,006 40% 9,202 Street Paving 7,540 40% 3,016 Lighting Distribution & Graphics 80,995 40% 32,398 40% - Subtotal 160,546 64,218 C) Off -site Roadwork Traffic Signal Work 40% - Road Modifications 40% - Subtotal - - D) Sidewalks Sidewalk/paving 58,442 40% 23,377 Streetscape 40% - Landscaping 40% - Miscellaneous (Beck and field engineering) 40% - Subtotal 58,442 23,377 HC Beck (13.10%) and Cooper & Stebbins (4%) fees (percentage of cost) Interest 46,971 25,249 40% 40% 18,788 10,100 Loan Fees 1,704 40% 682 Allocation of Architect, engineering, & other soft cost -master planning - 40% - Allocation of Architect, engineering, & other soft cost -phase 1 - 40% - Post construction interest (June 1999 through March 2000) - 40% - Subtotal 73,924 29,570 TOTAL INFRASTRUCTURE Phase I - Stage 2 336,654 134,662 SOUTHLAKE TOWN SQUARE Phase I Stages 3 T.I.F. Reimbursement Schedule (Public Improvements Complete as of April 23, 2001) Item Description 1) INFRASTRUCTURE A) Mass Excavation & Earthwork B) Streets & Curbs Storm Drainage Water Services Sanitary Sewer Street Paving Lighting Distribution & Graphics Subtotal C) Off -site Roadwork Traffic Signal Work Road Modifications Subtotal D) Sidewalks Sidewalk/paving Streetscape Landscaping Miscellaneous (Beck and field engineering) Subtotal HC Beck (13.10%) and Cooper & Stebbins (4%) fees (percentage of cost) Interest Loan Fees Allocation of Architect, engineering, & other soft cost -master planning Allocation of Architect, engineering, & other soft cost -phase 1 Post construction interest (June 1999 through March 2000) Subtotal TOTAL INFRASTRUCTURE Phase I -Stage 3 0 % T.I.F. Total Cost Reimbursable Reimbursement 6,651 40% 2,660 6,651 2,660 38,568 40% 15,427 13,661 40% 5,464 14,722 40% 5,889 87,541 40% 35,016 - 40% - 40% - 154,492 61,797 40% - 40% - - 40% - 33,042 40% 13,217 40% - 40% - 33,042 13,217 34,716 40% 13,886 12,754 40% 5,102 1,259 40% 504 - 40% - - 40% - - 40% - 48,729 19,492 242,914 97,166 SOUTHLAKE TOWN SQUARE Phase I Stages 4 T.I.F. Reimbursement Schedule • (Cost of On -Street Parking Lot in block 2) Item Description 1) INFRASTRUCTURE A) Mass Excavation & Earthwork B) Streets & Curbs Storm Drainage Water Services Sanitary Sewer Street Paving Lighting Distribution & Graphics Subtotal C) Off -site Roadwork Traffic Signal Work Road Modifications Subtotal D) Sidewalks Sidewalk/paving Streetscape Landscaping Miscellaneous (Beck and field engineering) Subtotal HC Beck and Cooper & Stebbins (4%) fees (percentage of cost) Interest Loan Fees Allocation of Architect, engineering, & other soft cost -master planning Allocation of Architect, engineering, & other soft cost -phase 1 Post construction interest (June 1999 through March 2000) Subtotal TOTAL INFRASTRUCTURE Phase I - Stage 4 Im % T.I.F. Total Cost Reimbursable Reimbursement 40% - 40% - 40% - - 40% - 14,217 40% 5,687 - 40% - 40% - 14,217 5,687 40% - 40% - - 40% - - 40% - 40% - 40% - 2,543 40% 1,017 258 40% 103 92 40% 37 - 40% - - 40% - - 40% - 2,893 1,157 17,110 6,844 I COOPER & STEBBINS Cooper & Stebbins, LP.,1256 Main Street, Suite 240 Southlake, Texas 76092 Telephone (817) 329-8400 Facsimile (817) 251-8717 July 18, 2001 Pedram Farahnak Director of Public Works 1400 Main Street Suite 320 Southlake, TX 76092 Re: Parking Agreement Dear Pedram: Attached is the first draft of the proposed Parking Management and Use Agreement concerning the City's use of and payment for Southlake Town Square parking in support of Town Hall. Please call to discuss at your earliest convenience. Sincerely, Frank L. Bliss Executive Vice President cc: Brian R. Stebbins ti SOUTHLAKE TOWN SQUARE PARKING LOT MAINTENANCE EXPENSE CITY HALL PARKING SPACES 2001 BUDGET City Hall Building in Sq. Ft. 76,222 Number of Total Spaces - Private 1,503 Number of City Hall Spaces - Private 221 NOTES (excludes 10 street spaces) Parking Lot $/SF of Allocation Total Cost Allocable to Parking Lots Totals Building of $/Space INSURANCE $ 4,500 0.01 $ 2.99 (2) LANDSCAPING 43,192 0.08 28.74 (3) PARKING LOT MAINTENANCE 36,202 0.07 24.09 (3) SECURITY 14,175 0.03 9.43 (4) UTILITIES 10,481 0.02 6.97 (5) PERSONNEL COSTS 95,841 0.18 63.78 (3) 15% Administration Charge 30,659 0.06 20.40 TOTAL $ 235,050 $ 0.45 $ 156.42 City's Annual Share of Parking Maintenance Expense $ 34,569 NOTE: 2001 Budget Expenses will be reconciled to 2001 Actual results during the first quarter of 2002. 7/18/01 4:15 PM City Hall Parking.xls schedule SOUTHLAKE TOWN SQUARE PARKING LOT MAINTENANCE EXPENSE CITY HALL PARKING SPACES 2001 BUDGET NOTES NOTES: (1) Based on a 25% allocation of Liability coverage premium for Phase I for the parking lots (as estimated by our insurance provider) multiplied by the number of City Hall spaces over total parking spaces. $18,000 liability premium times 25% = $4,500. (2) Based on an allocation of budgeted costs for Phase I multiplied by the number of City Hall spaces over total parking spaces. (3) Security costs for Phase I total $56,700. Approximately 25% of the security officers' time is spent patrolling the parking lots. $56,700 security costs times 25% = $14,175. (4) Utilities cost for parking lot lighting is calculated as follows: 458 watts consumed/lamp X 12hours/day X 364 days = 2,006kw 2,006kw X $.055/kw = $110/lamp per year X 95 lamps = $ 10,481. 7/18/01 4:11 PM City Hall Parking.xls notes IN Im uq O N CO `C O N J 11l., O N M^ U? Q N 04 000 N COO M LU V (0N 't LL N N LL 0 Cr W {LI ti N O q N �O CNO t7 _I CA O't M O T N O Q Q co CV •C N CO N ���� N WO WN Q F- O M Z T V LL, ry Z W CY L)U)o Q OF- G. CD m w W N Z ? J N (� = Y D Z F- m M LL CO LOCVLO Q Z 0- 0 N m W U m Cr T N O x N X ti T a T Q C C9 U 0 a a L m a) L (D T to C/) 11 U m N N E O u 0 a CDCn U U 0 n CD CO cnCU a U N C U a: U1 N > > O Q > u °o w ¢ ¢ a w a a` F°- T T Q T O M N T cM T N N N I� T 11 0 m 0 cM M a X C N 4 d N Cep N c�0 y 3 Y N O U N v o a 0 a U a ,y cn v °? U) C ca ' Y 0 0 a a F- .� @ co IL m = 2 w U � V L- ril PARKING MANAGEMENT AND USE AGREEMENT BETWEEN SOUTHLAKE CENTRAL VENTURE & SOUTHLAKE VENTURE WEST, L.P. (collectively, Owner) UNNI-M-01 CITY OF SOUTHLAKE, TEXAS (City) Dated as of , 2001 DRAFT TABLE OF CONTENTS 1. PREMISES..........................................................................................................................4 2. TERM..................................................................................................................................4 3. USE......................................................................................................................................4 4. REIMBURSEMENT OF PARKING IMPROVEMENT COSTS .......................................4 5. REIlvIBURSEIVIENT OF OPERATING EXPENSES.........................................................5 6. REIMBURSEMENT OF OWNER COSTS........................................................................5 7. OBLIGATION OF CITY....................................................................................................6 8. INDEMNITY.......................................................................................................................6 9. SUBORDINATION.............................................................................................................8 10. QUIET ENJOYMENT; TERMINATION WITHOUT CAUSE.........................................8 11. ASSIGNMENT AND SUBLETTING................................................................................8 12. RIGHTS UPON DEFAULT................................................................................................9 13. HOLDING OVER.............................................................................................................10 14. CERTAIN RIGHTS RESERVED BY OWNER...............................................................10 15. ESTOPPEL CERTIFICATES...........................................................................................11 16. AMENDMENT..................................................................................................................11 17. SEVERABILITY...............................................................................................................11 18. WAIVER............................................................................................................................12 19. PARTIES AND SUCCESSORS.......................................................................................12 20. NOTICE.............................................................................................................................12 21. LIMITATION ON LIABILITY........................................................................................12 22. CAPTIONS........................................................................................................................12 23. NUMBER AND GENDER................................................................................................13 24. GOVERNING LAW..........................................................................................................13 25. ENTIRE AGREEMENT....................................................................................................13 26. TIME OF ESSENCE.........................................................................................................13 27. BROKER...........................................................................................................................13 28. ATTORNEY'S FEES.........................................................................................................13 29. FORCE MAJEURE...........................................................................................................13 475166.2 2 DRAFT PARKING MANAGEMENT AND USE AGREEMENT This Parking Management and Use Agreement (this "Agreement') is entered into as of the day of , 2001, between SOUTHLAKE CENTRAL VENTURE, a Texas general partnership and SOUTHLAKE VENTURE WEST, L.P., a Texas limited partnership (collectively, "Owner"), and CITY OF SOUTHLAKE, TEXAS (►?City ►►). RECITALS A. Owner is the owner of parking improvements located on Blocks 3 and 4 in Southlake Town Square, Southlake, Texas (collectively, "Parking Improvements'), which Parking Improvements currently serve the City of Southlake and Southlake Town Square. B. Owner is the owner and developer of Southlake Town Square, a mixed -use central business district in the City of Southlake, Texas. Owner and City entered into a Commercial Developers Agreement (the "Developers Agreement") dated January 16, 1998 for Phase One of Southlake Town Square, for the installation of certain community facilities and improvements. C. Pursuant to the Developers Agreement, Owner donated Block 6 of Southlake Town Square to the City of Southlake, Texas for the construction of a new Joint Use Facility (the "Town Hall"), which opened for business on or about December 27, 2000. Exhibit E to the Developers Agreement contains the Memorandum of Understanding (the "Memorandum") for an agreement to be reached between Owner and the City relative to the design development, construction and operation of the Town Hall. D. The Memorandum provides that the Town Hall requires parking at a ratio of not less than one (1) space for every 330 square feet of building area ("Parking"), with such Parking provided subject to the conditions that: (1) 25% be specifically reserved for the exclusive use of the Building occupants, with the residual 75% being non-exclusive; (2) ten (10) spaces are to be provided and exclusively reserved as on -street parking adjacent to the Town Hall for short-term parking; and (3) the City shall pay all costs associated with such Parking, subject to the City and Developer (Owner hereunder) entering into a separate agreement providing for the location of all exclusive parking and any terms, conditions and/or limitations to the City's payment of such costs. E. City and Owner now desire to enter into this Agreement to memorialize their final agreement relative to the City's use of, and payment for the costs associated with, the Parking. F. The City has approved the terms and conditions of this Agreement and has authorized the undersigned signatory to execute this Agreement on its behalf. 475166.2 3 DRAFT AGREEMENTS 1. PREMISES. As of the Commencement Date (hereinafter defined), Owner licenses to City, and City licenses from Owner, the Parking for the City fees and subject to the provisions of this Agreement, including the limitation on the number of exclusive and non- exclusive parking spaces (the "Parking Spaces') and designated areas available for use by City. The license of the Parking shall permit two hundred thirty-one (231) non-exclusive, in common parking spaces, consisting of (a) 221 Parking Spaces in the parking lots for employees, customers and visitors of Town Hall, and (b) the Exclusive Use (defined below) of 10 on -street Parking Spaces as shown on the parking plan attached hereto and incorporated herein as Exhibit "A." City shall, throughout the term of the Agreement, offer the non-exclusive, in -common spaces provided above at no charge. City shall use the Parking solely for the purposes and persons set forth above. All rights not granted to City above are hereby specifically reserved by Owner, it being understood that, other than the areas designated for Exclusive Use, the right to possession granted hereunder is nonexclusive, and that Owner remains entitled to and responsible for the continuing operation, maintenance, and management of the Parking Improvements.. Additionally, Owner reserves the right, from time to time, to relocate Exclusive Use areas and non-exclusive areas for Parking, including, without limitation, moving the surface parking areas to the top level of the Parking Improvements. 2. TERM. Subject to the other provisions hereof, this Agreement shall be for a term (the "Term') commencing January 1, 2001 (the "Commencement Date"), and expiring on the date which is ninety-nine (99) years after the Commencement Date. The term "Agreement Year" shall mean each twelve (12) month period during the Term, with the first Agreement Year commencing on the Commencement Date and ending on the day prior to the first annual anniversary thereof. 3. USE. City shall use and occupy the Parking only for providing parking for motor vehicles for the limited number of spaces set forth above and for no other purposes. City, its employees, customers and visitors shall use the Parking only in accordance with Owner's reasonable rules and regulations established generally for the use of parking in Southlake Town Square, as reasonably modified or amended from time to time. 4. REIMBURSEMENT OF PARKING IMPROVEMENT COSTS. (a) Pursuant to the Developer's Agreement, Owner has funded the cost of design and construction of the Parking improvements, including, civil and architectural design fees, and the cost of the construction thereof, including but not limited to grading, utilities, paving, striping, landscaping, and lighting thereof. City agrees to reimburse Owner on or before September 30, 2001 for the City's pro rata share thereof, as set forth on the detailed cost breakdown attached hereto as Exhibit B and incorporated herein by this reference. (b) Owner has constructed one (1) dumpster enclosure in Block 3 for the location of trash dumpsters servicing occupants of Southlake Town Square, including the City. City shall have the right to place one (1) regular size (eight yard) dumpster in the enclosure, and shall arrange for its own trash pick-ups. In addition, City agrees to pay Owner for its pro 475166.2 4 DRAFT rata share of the cost of the enclosure, in the amount shown on the attached Exhibit B, incorporated herein by this reference. 5. REIMBURSEMENT OF OPERATING EXPENSES. City shall reimburse Owner for City's pro rata share of Owner's expenses incurred with respect to the ownership and operation of the Parking used by City, including insurance, maintenance, cleaning, lighting, security, and general upkeep of the Parking (the "Operating Expenses"). The term "Operating Expenses" shall mean the Operating Expenses actually incurred by Owner pertaining to City's use of the Parking. By each April 30 or as soon thereafter as practical, Owner shall furnish to City a statement of Owner's actual operating expenses for the Parking Improvements comprising Operating Expenses for the previous calendar year. City may, within one (1) year of receipt thereof and at its sole cost and expense, have such statement reviewed and confirmed by an independent accounting firm mutually acceptable to Owner and City (it being understood that any of the nationally recognized major independent accounting firms shall be acceptable). Notwithstanding the foregoing, if the review of the accounting firm reveals errors in Owner's statement in favor of City and aggregating five percent (5%) or more of the actual amount of the Operating Expenses, then Owner shall, within thirty (30) days of the accounting firm's report, refund the amount of the error and reimburse to City the cost of the accounting firm's services. If for any calendar year City's Operating Expenses collected for the prior year, is in excess of City's Operating Expenses actually due during such prior calendar year, then, Owner shall refund to City any overpayment (or, at Owner's option, apply such amount against expense reimbursements or other sums next due or to become due hereunder). Likewise, City shall pay to Owner, within thirty (30) days of demand, any underpayment with respect to the prior year, which obligation of City shall survive the expiration or earlier termination of this Agreement. Operating expenses shall be paid annually, in lawful money of the United States of America, by City to Owner in arrears on or before the first day of October for the previous year during the Term, without notice, demand, deduction, setoff, or abatement. All Operating Expenses and other payments which are due under this Agreement shall be made payable to Owner at the following address: c/o Cooper & Stebbins, L.P. 1256 Main Street, Suite 240 Southlake, TX 76092 or at such other place as may from time to time be designated in writing by Owner. 6. REIMBURSEMENT OF OWNER COSTS. Beginning on the Commencement Date, and thereafter on each anniversary of Commencement Date during the Term, City shall pay Owner as additional consideration to reimburse Owner for costs incurred in respect to ownership of the land ("Ownership Costs") an amount equal to $ , per annum. 475166.2 5 7. OBLIGATIONS OF CITY. City shall promptly discharge and/or indemnify Owner against any lien, charge or encumbrance created or filed by any mechanic or materialman claiming by, through or under City. City shall pay the cost of repairing and replacing any damage or injury done to the Parking Improvements or any part thereof by City or City's agents, contractors or employees, customers or visitors. If City fails to make such repairs or replacements, Owner may do so and City shall upon demand pay Owner for the cost thereof. City shall cooperate with Owner with respect to security matters. 8. INDEMNITY. (a) Indemnity. CITY SHALL INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS OWNER, SOUTHLAKE VENTURE EAST, L.P., COOPER & STEBBINS, L.P., AND THEIR RESPECTIVE PARTNERS, AFFILIATES AND SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SERVANTS, PARTNERS, REPRESENTATIVES, INSURERS AND AGENTS (COLLECTIVELY, ,,OWNER INDEMNITEES") FOR, FROM AND AGAINST ALL LIABILITIES, CLAIMS, FINES, PENALTIES, COSTS, DAMAGES OR DEATH OF OR PERSONAL INJURIES TO PERSONS, DAMAGES TO PROPERTY, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION, DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY, OR RESULTING FROM (IN WHOLE OR PART) (1) ANY BREACH OR DEFAULT IN THE PERFORMANCE OF ANY OBLIGATION ON CITY'S PART TO BE PERFORMED UNDER THE TERMS OF THIS AGREEMENT, (2) ANY ACT, OMISSION, NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR ANY OF ITS EMPLOYEES, CUSTOMERS AND/OR VISITORS, (3) DAMAGE TO CITY'S PROPERTY, OR THE PROPERTY OF ANY OF ITS EMPLOYEES, CUSTOMERS AND/OR VISITORS, LOCATED IN OR ABOUT THE PARKING IMPROVEMENTS (COLLECTIVELY, "LLIBILITIES"), EVEN IF SUCH LIABILITIES ARE CAUSED IN PART BY THE NEGLIGENCE OF ANY OWNER INDEMNITEE, BUT NOT TO THE EXTENT SUCH LIABILITIES ARE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY SUCH O CNATION SHALL BE LIMITED OBLIGATIONS OF CITY UNDER THIS INDEMNIFI TO THE SUM OF INSURANCE PROCEEDS APPLICABLE TO THE LIABILITY IN QUESTION, PLUS OTHER OBLIGATIONS AMOUNTS IONS UNDERICH ITHIAGREEMENT D LEGALLY BE USED BY TAIHNG CITY TO SATISFY CITY'S INTO CONSIDERATION THE CONSTITUTIONAL AND OTHER LEGAL LIMITATIONS ON CITY'S ABILITY TO CREATE DEBT. (b) Insurance. (i) City at all times during the Agreement Term shall, at its own expense, keep in full force and effect (A) worker's compensation insurance, (B) all risk property insurance covering full replacement value of all of City's personal property, if any, and (C) general commercial liability insurance in such coverages and amounts as determined by City from time to time. Owner, Southlake Venture East, L.P., Cooper & Stebbins, 475166.2 6 DRAFT L.P. and their designated property management firm shall be named as additional insureds on each of said policies (excluding the worker's compensation policy) and each of said policies shall also include a waiver of subrogation in favor of Owner. City hereby waives its right of recovery against any Owner Indemnitee of any amounts paid by City or on City's behalf to satisfy applicable worker's compensation laws. Duly executed certificates showing the material terms for the same shall be deposited with Owner on the Commencement Date and upon renewals of such policies. (ii) OWNER SHALL NOT BE RESPONSIBLE FOR AND CITY HEREBY WAIVES ALL CLAIMS ARISING OR ALLEGED TO ARISE FROM THEFT OF OR DAMAGE TO ANY VEHICLES OCCUPYING THE PARKING IMPROVEMENTS OR THE CONTENTS OF SUCH VEHICLES. (iii) City's occupancy of the Parking without delivering the certificates of insurance shall not constitute a waiver of City's obligations to provide the required coverages. If City provides to Owner a certificate that does not evidence the coverages required herein, or that is faulty in any respect, such shall not constitute a waiver of City's obligations to provide the proper insurance. 9. SUBORDINATION. This Agreement shall be subordinate to all deeds of trust and ground leases now or hereafter encumbering the Parking Improvements, and all refinancings, replacements, renewals, modifications, extensions or consolidations thereof. City agrees to attorn to any mortgagee, ground lessor, trustee under a deed of trust or purchaser at a foreclosure sale or trustee's sale as Owner under this Agreement. City covenants and agrees that City shall, within fifteen (15) business days after Owner's request, execute in recordable form and deliver to Owner whatever true and correct instruments may be required to acknowledge and further evidence the subordination of this Agreement and/or the attornment by City to such mortgagee, ground lessor, trustee or purchaser. Any holder of a deed of trust covering all or any part of the Parking Improvements may at any time elect to have this Agreement have priority over its deed of trust by executing unilaterally an instrument of subordination or placing a clause of such subordination in any pleadings or in its deed of trust and recording the same. By executing in the space provided below, Owner's current lender agrees that for so long as City is not in default hereunder, City's use of the Parking Improvements and City's rights and privileges hereunder shall not be diminished or interfered with by lender in the exercise of any rights under any mortgage affecting the Parking Improvements. 10. QUIET ENJOYMENT-. TERMINATION. Owner hereby covenants and agrees that if City shall perform all of the covenants and agreements herein stipulated to be performed on City's part, City shall at all times during the continuance hereof have peaceable and quiet enjoyment and possession of the Exclusive Use area(s) of the Parking Improvements without hindrance from Owner or any person or persons lawfully claiming the Parking Improvements by or through Owner, subject, however, to the rights reserved by Owner herein, to the terms of this Agreement and to all mortgages, ground leases, deeds of trust, and other encumbrances to which this Agreement is subordinate, all applicable laws and other governmental and legal requirements, and repair and maintenance of the Parking Improvements (from time to time). 475166.2 7 DRAFT 11. ASSIGNMENT AND SUBLETTING. City may not assign, transfer, mortgage, pledge, or encumber this Agreement, or sublease or license the Parking Spaces or any part thereof, without the prior written consent of Owner, which may not be unreasonably withheld. Any assignment, transfer, mortgage, pledge, or encumbrance of this Agreement, or sublease of the Parking Spaces or any part thereof, without the prior written consent of Owner shall be void. It is the understanding and intent of Owner and City that a merger, consolidation, change in control or transfer by operation of law, whether in one transaction or in multiple transactions, shall be deemed an assignment under this Paragraph 11 and require the consent of Owner. Owner may, at any time and without notice to or consent of City, sell or otherwise transfer all or any portion of Owner's interest in the Parking Improvements, or transfer or assign responsibility for the management and operation of the Parking Improvements, provided that the transferee shall be bound by all of the terms and conditions of the lease to City. 12. RIGHTS UPON DEFAULT. (a) Events of Default. The following events shall be deemed to be events of default (herein so called) by City under this Agreement: (i) City shall fail to pay Operating Expenses or any other sums payable by City hereunder when due, or fail to comply with or observe any other provision of this Agreement, and such failure shall continue for a period of thirty (30) days after delivery to City of written notice of such failure; (ii) City shall make a general assignment for the benefit of creditors; (iii) any petition shall be filed by or against City under the United States Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state thereof, and such petition shall not be dismissed within forty-five (45) days of filing; and/or (iv) a receiver or trustee shall be appointed for all or substantially all of the assets of City, and such appointment shall not be vacated or otherwise terminated, and the action in which such appointment was ordered dismissed, within forty-five (45) days of filing. (b) Remedies. Upon the occurrence of any event of default and the expiration of any applicable notice and cure period specified in this Agreement, Owner may exercise or pursue any or all remedies available at law, in equity, or otherwise, including, without limitation, termination of this Agreement; provided, however, the parties shall first negotiate the resolution of such matter in good faith for no less than thirty (30) days, and thereafter attempt such forms of alternative dispute resolution as may them be available i.e., arbitration, mediation) for no less than sixty (60) days. (c) Effect of Suit or Partial Collection. Institution of a forcible detainer action to exclude or remove City from the Parking Improvements shall not be construed to be an election by Owner to terminate this Agreement. Owner may collect and receive any amounts due from City and the payment thereof shall not constitute a waiver of or affect any notice or demand given, suit instituted or judgment obtained by Owner, or be held to waive or alter the rights or remedies which Owner may have at law or in equity or by virtue of this Agreement at the time of such payment. (d) Remedies Cumulative. All rights and remedies of Owner herein or existing at law or in equity are cumulative and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. 475166.2 DRAFT (e) Notice to Mortgagees. If Owner defaults under this Agreement, City shall not exercise any right or remedy it may have under this Agreement or at law or in equity unless and until (i) City gives notice of such default (specifying the nature of such default and how such default may be remedied) to any lessor under a ground lease or any mortgagee of which Owner has previously supplied to City a name and address for delivery of notices, and (ii) such lessor and/or mortgagee fails to cure, or to cause to be cured, such default within thirty (30) days after such lessor's or mortgagee's receipt of notice (plus such additional period, as may be required in the exercise of reasonable diligence or as the mortgagee may reasonably require). (f) Late Payment Charge and Interest Payable. Owner may, without further notice to City, impose a late payment charge equal to five percent (5%) of any amount due if not paid within five (5) days from the date required to be paid hereunder. In addition, any payment due under this Agreement not paid within ten (10) days after the date herein specified to be paid shall bear interest from the date such payment is due to the date of actual payment at the rate of eighteen percent (18%) per annum or the highest lawful rate of interest permitted by Texas or federal law, whichever rate of interest is lower. 13. HOLDING OVER. If City or any party claiming under City remains in possession of the Parking Improvements after the expiration or earlier termination of the tenancy created hereunder and without the execution of a new lease, City shall be deemed to be occupying the Parking Improvements as a City at sufferance and subject to all of the provisions of this Agreement. No holding over by City, whether with or without consent of Owner, shall operate to extend the Term. 14. CERTAIN RIGHTS RESERVED BY OWNER. Owner shall have the following rights: (a) Alterations. To decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in, about or on the Parking Improvements, or any part thereof, including, but not limited to, changing the arrangement, location and/or size of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets (if any) or other parts of the Parking Improvements and to change, alter, relocate, remove or replace parking spaces, driveways and aisles in the Parking Improvements; and to otherwise alter or modify the Parking Improvements and, during the continuance of any such work, to take such measures for safety or for the expediting of such work as may be required, in Owner's judgment, all without affecting any of City's obligations hereunder. (b) Rules and Regulations. To establish and amend from time to time reasonable rules and regulations governing the use of and parking within the Parking Improvements. Should any vehicles of Patrons, Visitors, or Event Staff be parked in unauthorized spaces or left in Parking Spaces during other than Permitted Hours, such vehicles shall be subject to all rules related to unauthorized parking, including towing of any such vehicle. (c) Signs. To prohibit (i) all signs, posters, advertisements, or notices from being painted or affixed or displayed on any portion of the Parking Improvements, and (ii) the solicitation of goods, services, or other items, either through individual contact or the distribution, of flyers on vehicles or otherwise within the Parking Improvements. 475166.2 9 DRAFT (d) Security Measures. To take all such reasonable measures as Owner may deem advisable for the security of the Parking Improvements and its occupants; provided however, Owner shall have no liability to City, any Patron, Visitor, any member of Event Staff, or their respective employees, agents, invitees or licensees for loss of property or personal injury except to the extent caused by Owner's gross negligence or willful misconduct. City shall cooperate fully in Owner's efforts to maintain security in the Parking Improvements and shall follow all rules and regulations reasonably promulgated by Owner with respect thereto. (e) Miscellaneous. To take such other actions necessary or desirable to its obligations as owner and operator of the Parking Improvements or to comply with its obligations under any lease for space in Southlake Town Square entered into prior to the Commencement Date. Owner shall use all reasonable efforts to minimize the interference to City resulting from the exercise of the rights reserved pursuant to Section 16(a), (b), (d) and (e). 15. ESTOPPEL CERTIFICATES. City shall promptly upon request from Owner, from time to time, execute and acknowledge a certificate stating: (a) whether or not this Agreement is in full force and effect; (b) whether or not this Agreement has been modified or amended in any respect, and submit copies of such modifications or amendments, if any; (c) whether or not there are existing defaults under this Agreement and specifying the nature of such defaults, if any; (d) such other information as may reasonably be requested by Owner. 16. AMENDMENT. Any agreement hereafter made between Owner and City shall be ineffective to modify, release, or otherwise affect this Agreement, in whole or in part, unless such agreement is in writing and signed by both parties. 17. SEVERABILITY. If any term or provision of this lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions (including the unaffected portion of the invalid or unenforceable provision) of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 18. WAIVER. The failure of either party to this Agreement to complain of any action, non -action, or default of the other party shall not constitute a waiver of any of such party's rights under this Agreement. Waiver by either party to this Agreement of any right for any default of the other party shall not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or subsequent default of any other obligation. No right or remedy of either party under this Agreement or covenant, duty, or obligation of either party under this Agreement shall be deemed waived by the other party to this Agreement unless such waiver is in writing and signed by the waiving party. 475166.2 10 DRAFT 19. PARTIES AND SUCCESSORS. Subject to the limitations and conditions set forth elsewhere herein, this Agreement shall bind and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. 20. NOTICE. All notices, requests and communications under this Agreement shall be given in writing, addressed to Owner or City at their respective address set forth below and either (i) hand delivered, (ii) sent by telecopy or a nationally recognized overnight courier service, or (iii) mailed by registered or certified mail, return receipt requested, postage prepaid. To Owner: Cooper & Stebbins, L.P. 1256 Main Street, Suite 250 Southlake, TX 76092 To City: City of Southlake, Texas Any notice under or pursuant to this Agreement and given in accordance with this Section shall be deemed received upon the earlier of (1) actual receipt, (2) if mailed, three (3) days after deposit in an official depository of the United States Postal Service, (3) if sent by a nationally recognized overnight courier service, the first business day after delivery to such service, and (4) if sent by telecopy, the day of the telecopy. Any party may change its address for notice purposes by sending the other party a notice of the new address. 21. LIMITATION ON LIABILITY. If Owner shall fail to perform any covenant, term or condition of this Agreement and, as a consequence, if City shall recover a money judgment against Owner, such judgment shall be satisfied only out of the proceeds received at a judicial sale upon execution and levy against the right, title and interest of Owner in the Parking Improvements and in the rents or other income from the Parking Improvements receivable by Owner, and Owner shall not have any personal, corporate or other liability hereunder. 22. CAPTIONS. The captions in this Agreement are inserted only as a matter of convenience and for reference and they in no way define, limit, or describe the scope of this Agreement or the intent of any provision hereof. 23. NUMBER AND GENDER. All genders used in this Agreement shall include the other genders, the singular shall include the plural, and the plural shall include the singular, whenever and as often as may be appropriate. 24. GOVERNING LAW. THE VALIDITY, ENFORCEABILITY, INTERPRETATION, AND CONSTRUCTION OF THIS LEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD TO CONFLICT OF LAW RULES) AND THE LAWS OF THE UNITED STATES APPLICABLE TO TRANSACTIONS 475166.2 11 IN TEXAS. ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE TO BE PERFORMED, AND EXCLUSIVE VENUE SHALL LIE, IN TARRANT COUNTY, TEXAS. 25. ENTIRE AGREEMENT. This Agreement, including all exhibits which may be attached hereto (which exhibits are hereby incorporated herein and shall constitute a portion hereof, contains the entire agreement between Owner and City with respect to the subject matter hereof. Further, the terms and provisions of this Agreement shall not be construed against or in favor of a party hereto merely because such party is the "Owner" or the "City" hereunder or such party or its counsel is the draftsman of this Agreement. 26. TIME OF ESSENCE. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 27. BROKER. Each of City and Owner represents and warrants to the other that it has not been represented by any broker or agent in connection with the negotiation or execution of this Agreement. Each of City and Owner shall indemnify and hold harmless the other and its respective officers, employees, directors, partners, employees, and agents from and against all claims (including costs of defending against and investigating such claims) of any broker or agent or similar party claiming by, through or under the indemnifying party in connection with this Agreement. 28. ATTORNEY'S FEES. In the event City or Owner defaults in the performance of tw any of the terms, agreements or conditions contained in this Agreement and the enforcement of this Agreement, or any part thereof, or the collection of any rent due or to become due hereunder, or recovery of the possession of the Parking Improvements, is placed in the hands of any attorney who files suit upon the same, the nonprevailing party shall pay the reasonable attorney's fees of the prevailing party. 29. FORCE MAJEURE. If either party is unable to perform any obligation under this Agreement due to unavailability of materials or equipment, strikes or other labor difficulties, governmental restrictions, casualties or other causes beyond such party's reasonable control, such obligation shall be stayed for the duration of such condition. Except as otherwise expressly provided in this Agreement, this paragraph shall not affect or postpone the payment of Operating Expenses or other amounts due pursuant to this Agreement. 475166.2 12 EXECUTED as of the date hereinabove first set forth. OWNER SOUTHLAKE VENTURE WEST L.P., a Texas limited partnership By: Rialto Southlake West, L.P. a Texas limited partnership, its general partner By: CS Southlake, LLC, a Texas limited liability company, its general partner Brian R. Stebbins, President SOUTHLAKE CENTRAL VENTURE, a Texas joint venture By: Southlake Venture West L.P., joint venturer By: Rialto Southlake West, L.P., general partner By: CS Southlake, LLC, general partner Brian R. Stebbins, President By: Southlake Venture East L.P., joint venturer By: Rialto Southlake East, L.P., general partner By: CS Southlake, LLC, general partner IM 475166.2 13 Brian R. Stebbins, President I'y CITY CHASE BANK OF TEXAS, NATIONAL ASSOCIATION By: Name: Title: 475166.2 CITY OF SOUTHLAKE, TEXAS By: Name: Title: 14 DRAFT EXHIBIT "A" DISTRICT PROPERTY DESCRIPTION Attach Map 475166.2 15 SOUTHLAKE VENTURE WEST, L.P. SOUTHLAKE TOWN SQUARE 1256 Main Street Suite 240 S +hlake, Texas 76092 . P (817) 329-8400 Fax (817) 251-1717 City of Southlake Town Hall 1400 Main Street Southlake, Texas 76092 SOUTHLAKE OUTHLAKg TOWN SQUARE - ..... ._....._............. _....... _.......-- ...... ___.._ - Invoice Date 5/15/01 REIMBURSEMENT OF COSTS TO CONSTRUCT 231 SPACES FOR CITY HALL PARKING AND ONE DUMPSTER ENCLOSURE Avg 231 Parking Spaces: Per _ Hard Costs Cost per space No. of spaces Total Space Hard costs surface -parking Hard costs street -parking Soft Costs $1,439.37 $2,667.51 Total hard costs Civil Engineering pro-rata costs based on the following: e for Graham Engineering: ercentage of fee applied to Town Hall parking design and documentation Civil Engineering pro-rata share of actual costs Architectural Design pro-rata costs based on the following: Architectural Design Fee: AIA/B 141 Contract with Beck Architecture Dated November 11, 1999 Percentage of Design Fee applied to Town Hall Parking design and documentation Town Hall Parking Share of Reimbursables Architectural Design pro-rata share of actual costs Total Cost for 231 Parking Spaces Dumpster Enclosure: Cost of one Dumpster Enclosure $16,071 x 10% Total Soft Costs Total Due for 231 Parking Spaces and One Dumpster Enclosure 221 $318,100 10 26,675 344,776 $1,493 $18,880 40% 7,552 $225,030 10% . 22,503 _ 1,607 24,110 31,662 137 $376,437 $1,630 $13,385 $389,822 Please Make Check Payable To: Southlake Venture West, L.P. 5/15/01 / 12:03 PM j:\doc\finance\accounfing\general\21301 city hall parking inv.xls Southlake Town Square Town Hall Parking Reimbusement Summary April 2, 2001 Block 3 Area: 239,713 sf Block 3 Unparked Area (Building 3C): 33.377 sf Net Area Alotted to City Parking: 206.336 sf, 86% Total Block 3 Parking: 487 ea Total Town Hall Parking Required: 221 ea Block 6 Parking Area: 17.480 sf Block 6 Unparked Area (Walks): 3,420 sf Net Area Alotted to City Parking: 14,060 sf, 80% Total Block 6 Head -In Parking: 34 da Total Town Hall Head -In Parking Required: 10 ea BECK Block 3 Parking Rem 1 Description Footnotes Final Cost % Alloted to Parking Cost Cost per Parking Space HCBeck 1 $55,636 86% $47.847 RE Cupp - Earthwork 2 $125,204 86% $107,675 Wright - Water 3 $7,717 86% $6.637 Wright - Storm 4 $26,519 100% $26,519 Reynolds - Paving 5 $273.006 100% $273,006 R3M-Concrete a $57,370 12% $6.884 Turdecreek - Landscaping 1 $66,927 100% $66,927 Mills - Electrical 3 $82,146 100% $82,146 Subtotal $617,641 $1,268.26 General Conditions, 9.00% 9 $55.588 Insurance, 0.60% 9 $4,039 Subtotal $677,268 Fee, 3.50% 9 $23,704 Total Block 3 Parking $700,973 $1,439.37 Block 6 Parking Rem I Description Final Cost % Alloted to Parking Cost Cost per Parking Space HCBeck 10 $7,288 80% $5,830 C. Watts - Earthwork 10 $25,145 100% $25,145 Wright - Storm 10 $11,430 100% $11,430 Sunmount- Paving 10 $37,508 100% $37,508 Subtotal $79,913 $2,350.39 _ General Conditions, 9.00% 9 $7,192 Insurance, 0.60% 9 $523 Subtotal $87.628 Fee, 3.50% 9 $3,067 Total Block 6 Parking $90,695 $2,667.51 Total City Parking Costs Block 3, 221 spaces at $1,439.37 lea: $318,101 Block 6,10 spaces at $2,667.501 ea: $26,675 Total 231 spaces: $344,776 Footnotes Reference HCBeck Pay Request for items 1 -9 and Reference Block 6 Parking Estimate for items 9.10. 1- HCBeck: Reference line items 2BA. 3BA. 5A and 9B. Cost is comprised of all necessary labor and materials required for site staking, modifications, hauling, cleaning and maintenance during the construction process. All of these costs are exclusive of the HCBeck work performed on Building 3C. The allocation is based on a site area within the property lines of 239,713 sf minus Building 3C footprint of 33,377 sf equaling 206,336 sf of parking applicable area or 86% of the total Block 3 area. 2 - R. E. Cupp - Earthwork: Reference fine item 2BC. Cost is comprised of all grubbing, clearing, haul -oft, fill, and fine grading of the Block 3 area. Cost shown excludes mass excavation performed during Phase I. The allocation is based on a site area within the property lines of 239,713 sf minus Building 3C footprint 33.377 sf equaling 206,336 sf of parking applicable area or 86% of the total Block 3 area. 3 - Wright - Water. Reference line item 2BO. Cost is comprised of service tap and irrigation meter. The allocation is based on a site area within the property lines of 239,713 sf minus Building 3C footprint of 33,377 sf equaling 206,336 sf of parking applicable area or 86% of the total Block 3 area. 4. Wright - Storm: Reference line item 2BF. Cost is comprised of all parking lot slot drains and connections. The allocation is based on storm serving strictly the parking area. 5 - Reynolds - Paving: Reference line item 2BG. Cost is comprised of all subgrade preparation, compaction, paving, wheel stops, signage and striping. The allocation is based on paving serving strictly the parking area. 6 - R3M - Concrete: Reference line item 3BB. Cost is comprised of all subgrade preparation, compaction and concrete paving for the sidewalks and handicap amps on the north side of Building 3C. The allocation is based on 5,740 sf of concrete paving minus 5.040 sf sidewalks equaling 700 sf of passageway access and handicap ramps or 12% of the total concrete paving area. 7 - Turtlecreek - Landscaping: Reference lire item 28H. Cost is comprised of all irggaton trenching, irrigations lines, connection to meter, lop soil, mulch, steel edging, bed preparation, ground cover, shrubs, trees, staking and one year maintenance for the parking area. The allocation is based on landscaping serving strictly the parking area. 8 - Mills - Electrical: Reference line item 16BA. Cost is comprised of all trenching, power distribution, light poles, photocells and lamping for the parking area. The allocation is based on electrical serving strictly the parking area. 9 - HCBeck Mark -Ups: Mark-ups of 9.00% for general conditions, 0.60 % for insurance and 3.50% for fee are per the Building 3C Contract. 10 - Block 6 pricing is based on existing quantities multiplied by applicable unit pricing. See attached Block 6 Parking Estimate. BECC Southlake Town Square, Block 6, Town Hail Site / Civil for Parking April 19, 2000 Item / Description Quantity UM Unit Subtotal Total Price Earthwork - Excavation / Rouph Grade Public Site Clearing / Grubbing 17,480 sf $1.37 $23,948 Bond $23,948 Is 5.00% $1,197 Subtotal Public Earthwork $25,145 Storm Public 18" Slotted Drains / Aprons 120 ff $92.00 $11,040 Staking, 1.50% $11,040 Is 1.50% $166 Bond $11,206 Is 2.00% $224 Subtotal Public Storm Drainage $11,430 Street and Parkino Lot Pavino Public Street Paving Fine Grade 1,942 sy $0.75 $1,457 Street Compacted Subgrade 1,942 sy $0.60 $1,165 Street Paving Area, 5" HMAC 1,942 sy $8.65 $16,800 Curb and Gutter 1,148 ff $12.60 $14,465 iliiw Striping 17,480 sf $0.05 $874 Staking $34.761 Is 2.00% $695 Tax $15,955 Is 8.25% $1,316 Bond $36,773 Is 2.00% $735 Subtotal Public Street and Parking Lot Paving $37,508 HCBeck Work Surveying / Staking / Certification 1 Is $1,500.00 $1,500 Labor Crew 2 wk $2,020.00 $4,040 Street/ Final Cleaning 17,480 sf $0.10 $1,748 _ Subtotal HCBeck Work $7,288 Subtotal Block 3 Site / Civil $81,371 General Conditions, 9.00% $7,323 Insurance, 0.60% $488 Subtotal $89,182 Fee, 3.50% $3,121 Subtotal Block 6 Site / Civil $92,304 $2,714.81 a O W Z O W a a r V W W 7¢ w M 0 T ,O b u n. � •v o 0 o > c c 3 s O U � O u O o m G 4- •U N 0 C{i y 0. 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W CO N N O C 0 O O Q O ' pp In In O CD m,S ': �fi In N �en� V W N N n1 V p� N COO_ Of f7 V7 h- ?III !D tVp O O OW! m m Ol V N f� m c� a�D a O f0 f0 m O fD n �7 Pl W y�j '�l' K t0 p Vj N in V h N O lu u, O p O O m m O N O O W N O O O m O O r O O V N O W Ilt 10 ^ Ol O O W W . n N N V t0 M W v O n10 1fV1_ ? p O O b W ID W; W W Lou V �n N O V N �n N m OVi t0 V N O o m N N a (D O V N N n lv1 V O 7 F w t C o m U j ai L b W d m w 2 2 Q W 0 N m LLI p Ol m CO �N~p N p% N w O F (0 N e U U L) m C C m m N fn y V J J J N m A °o ^ �, J a. N 3 N F} u F a IL C Q W O u IQ- 2 Y c f U U J N O V ` W N p H Q Q J y Vl e~ J u. A LL O Y o N O= a A m S K 17 W c N m m n Z d w V) e c F� W f0 �^, F; m S S U O~ Q j U U- m S Q O W O tD F U L) S 41, 0 N Q m W U O U Q m 2 S r U W W N J O W Q r0 U N Q N 1 _= W U' N 6 0) Q m U O W N U a m N Q m U f] U O u. a o L a L Q H r 0 Graham Associates, Inc. Recap of Town Hall Parking Invoices Date Amount 10/26/99 9,860 11/23/99 9,020 $ 18,880 5/15/01 8:44 AM Block 3 Town Hall Parking.xls graham Page 1 of 2 c, I 0 Graham Associates, Inc. OCT 2 9 1999 CONSULTING ENGINEERS'& PLANNERS Date: To: Cooper & Stebbins, L.P. 1256 Main Street Suite 240 Southlalm, Texas 76092 Attu: Mr. Frank Bliss Re: Sou&lake Town Square Civil Engineering & Surveying Services INVOICE i Invoice No.: W.O. No.: Services: Project Manager: Office: 10/26/99 991025 2032-1014 10/19/99 Williams Arlington Ste ign 4e r+,...= ctio , Plate for 4[' a) Performed field topographic survey and computer Proving b) Prepared computer layout of block c) Prepared Preliminary gig Plan 20 hours @ $85 $ 1,700.00 Survey Crew (2-Man) 40 hours @ $60 $ 2,400.00 Technician 111 $70 $ 3,710.00 Technician IV 53 hours @ 2,050.00 CARD 82 hours @ $25 $ g,860.00 t� Subtotal $ Budget $ 19,300.00 Balance Remaining $ 9,440.00... 9 W. Jeff , P. . Project Manager (817) 640-8✓.,.. DUE loth OF MONTH FOLLOWING INVOICE DATE PLEASE REMTT TO: 616 SEX FLAGS DRIVE, SUrM 400, ARLINGTON, TEXAS 76011 IM-1e —,I wp vpnow coov with remittance- ----- Graham Associates, Inc. CONSULTING ENGINEERS & PLANNERS �r To: Cooper & Stebbins, L.P. VOICE 1256 Main Street Suite 240 Southlake, Texas 76092 Attn: Mr. Frank Bliss Re: Southlake Town Square Civil Engineering & Surveying Services Section 04: Construction- plans for 3C a) Prepared computer layout of block b) Prepared preliminary grading plan Technician III Technician IV CADD W. Wi1 is , P.E. J Project Manager Date: Invoice No.: W.O. No.: Services: Project Manager: Office: 60 hours @ $60 66 hours @ $70 32 hours @ $25 Subtotal Budget Balance Remaining 11/23/99 991138 2032-1014 11/16/99 Williams Arlington $ 3,600.00 $ 4,620.00 $ --800-gSI� $ -497300�0 $ 420.00 (817) 640-8535 ""s' 1% DUE loth OF MONTH FOLLOWING INVOICE��/ TE� J PLEASE REMIT TO: 616 SIX FLAGS DRIVE, SUITE 400, ARLINGTON, TEXAS 76011 Please enclose yellow copy with remittance. Southlake Town Square Town Hall Dumpster Enclosure Reimbusement Summary April 2, 2001 Block 3 Dumspters: 5 ea Building 3C Required Dumpsters: 4 ea Net Dumpsters Alotted to City: 1 si, 20% Block 3 Dumpsters Rom I Description Cost % Alloted Total Cost per Enclosure Cost Enclosure Texas Stone &Tile - Masonry $34,154 100% $34,154 Industrial Fence - Dupmster Gates $18,750 100% $18,750 — Triangle - Plastering $4,890 100% $4.890 Service - Painting $1,175 100% $1,175 Subtotal $58,969 $11,793.80 General Conditions, 9.00% $5.307 Insurance, 0.60% $386 Subtotal $64,662 Fee, 3.50% $2,263 Total Block 3 Dumpsters $66,925 $13,385.01 Total City Dumpster Costs Block 3,1 dumpster at $13,385.011 ea: $13,385 t Beck Architecture (Urban Architecture) Recap of Town Hall Parking Invoices Date Amount Reimbursables 10/31 /99 47,256 465 11 /30/99 94,513 2,414 12/31 /99 23,066 4,843 1 /31 /00 1,688 1,121 2/29/00 3,938 954 3/31 /00 9,564 3,247 4/30/00 5,626 708 5/31 /00 5,626 642 6/30/00 2,813 1,179 7/31 /00 5,626 93 9/6/00 2,813 0 10/4/00 5,626 97 11 /1 /00 14,064 30 1 /12/01 1,688 70 3/5/01 1,125 208 $ 225,030 $ 16,072 % Allocated to Parking $ Allocated to Parking 5/15/01 11:21 AM 10% $ 1,607 Block 3 Town Hall Parking.xls beck arch 1 I Invoice Cooper 5 Stebbins 1256 Main Street Suite 240 Attn.: Mr. Brian Stebbins Southlake TX 76092 i 1 Project: 99076.00 __.,rl'outhlake Building 3C Architect of Record services' or �75-F two-story buiilddng w/basement. Professional Services October 1 1999 through October 31. 199° October 31,1999 Project No: 99076.00 Invoice No: 0000001 REVISED Fee , Total Fee -228,T'S5.-00 r • Percent Percent Phase of Fee 1�1251 Fee Complete Schematic Design 57• 4HO -� 100.00 Design Development I o'7 • 15.00 725,'3100.00 Construction Documents t001 50.00135'oYa4�#B� 1144;3M6 10.00 Construction Admin �S 'l , 25.00 56A55 0.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Consultant Reim Expenses Total Reimbursables 1.07 times 7001 Preston Road Suite 210. LB 12 DaW. Texas 75205 Tel 214.SZZ.6494 Fax 214.522.8537 -- X Earned tr—M-510- 111Z5 1 34-,31V25 4 2 U,Q635 j'�_q 0 0.00 68,620.50 0.00 68,620.50 v All). 2-6 5- qC -- Wyk* .. 94.00 302.14 38.19 0.56 434.89 465.33 - Total this in ice M-,085.83 MUM BECK pl[BIIEtT88E Cooper b Stebbins November 30.1999 Project No: 99076.00 Attn: Mr. Frank Bliss 1256 Main Street _ invoice No: 0000001 Suite 240 - Southlake TX 76092 = Project: 99076.00 Southlake Building 3C Architect of Record services for 75.000 SF two-story building w/basement. Professional Services• November 1 1999 through November 30.1999 Fee Total Fee 225,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11.251.50 100.00 Design Development 10.00 22,503.Q0 100.00 Construction Documents 60.00 135,018.00 80.00 Construction Admin 25.00 56,257.50 0.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Postage/Shipping/Delivery Mileage/Toll/Parking Total Reimbursables —1.07 times Earned j (7� 11,251.50 22,503.00 pd, dv-L 9qt 512.lu 108,014.40 0.00 141.768.90 47,256.30 94,512.60 - 94,512.60 41.00 2.088.29 103.29 23.94 2,256.52 2,414.48 6A Total this invoice $96,927.08 / 7001 Preston Road. Suite 210. LB 12, Datlas. TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com BECK ABtNIiE[iBRE Invoice Cooper 6 Stebbins Attn: Mr. Frank Bliss 1256 Main Street Suite 240 - Southlake TX 76092 Project 99076.00 Southlake Buildi g 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: December 1. 1999 through December 31, 1999 Fee Total Fee Phase Schematic Design Design Development Construction Documents Construction Admin 225.030.00 Percent of Fee 5.00 10.00 60.00 25.00 n d.. Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Consultant Reimburseable Expense Total Reimbursables December 31.1999 Project No: 99076.00 Invoice No: 0000002 Percent b Fee Complete Earned 11,251.50 100.00 _ 11,251.50 ✓ 22,503.00 100.00-a��\1��1 22,503.00 ✓ 135.018.00 95.00 1S1 128,267.10 CXWVeOt LO1252 56.257.50 5.00 g 2,812.88 Gard _.' Total Earned 164,834.48 �- Previous Fee Billing 141,768.90 Current Fee Billing 23,065.58 Total Fee 23,065.58 119.00 4,330.69 23.06 12.46 40.49 1.07 times 4,525.70 4,842.50 7001 Preston Road. Suite 210, LB 12. Dallas. TX 75205 tel 214.522.8494 lax 214. 522.8537 www.beckarchitecture.com BECK A RLNIiECTUAE Cooper & Stebbins January 31, 2000 Attn: Mr. Jeff Jones Project No: 99076.00 Invoice No: 0000003 1256 Main Street Suite 240 Southlake TX 76092 -- Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services January 1 2000 through January 31. 0000 Fee Total Fee 225,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,018.00 95.00 Construction Admin 25.00 56,257.50 8•00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Mileage/Toll/Parking 1.07 times Total Reimbursables Earned 11,251.50 �d 22,503.00 P� 128,257AD—V/.. 41500.60 TE66,522.20 3 164,834.48 1,687.72 {� 1,687.72 111.00 480.65 27.68 381.51 47.25 1,048.09 Total this invoice 7001 Preston Road, Suite 210, LB 12, Dallas. TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com 1,121.46 $2,809.18 BEE< ABCNITEfTUNE Invoice Cooper 8 Stebbins February 29. 2000 Attn: Mr. Jeff Jones Project No: 99076.00 1256 Main Street _. Invoice No: 0000004 Suite 240 Southlake TX 76092 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: February 1 2000 through February 29, 2000 Fee Total Fee 225,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22.503.00 100.00 Construction Documents 60.00 135.018.00 95.00 Construction Admin 25.00 56,257.50 15.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Mileage/roll/Parking Consultant Reimburseable Expense Total Reimbursables 1.07 times Earned J 11,251.50�G 22,503.00�� 128,267..1.0_Y�N{`t1h --8,438.63 — S 170,460.23 1.1. 166,522.20 3.938.03 —� 81.00 255.03 31.31 64.39 31.50 428.77 892.00 7001 Preston Road, Suite 210, LB 12. Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com 3,938.03\ 954.44 RECFIVFD MAR I LQQQ BECK A9LpITEtTUBE Cooper & Stebbins Attn: Mr. Jeff Jones 1256 Main Street Suite 240 Southlake TX 76092 Project: 99076.00 South) a Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: March], 2000 through March 31, 2000 Fee Total Fee 225,030.00 March 31, 2000 Project No: 99076.00 invoice No: 0000005 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11.251.50 100.00 Design Development 10.00 22.503.00 100.00 Construction Documents 60.00 135.018.00 100.00 Construction Admin 25.00 56,257.50 . 20.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Consultant Reimburseable Expense Misc Reimbursable Expens Total Reimbursables 1.07 times Earned 11,251.50F� 22,503.W?Cl It 135,018.00 11,251.50 180,024.00 I 170,460.23 9,563.77 aC� 75.00 1,479.46 4.89 399.79 450.81 625.00 3,034.95 7001 Preston Road, Suite 210, LB 12. Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitectufe.com 3,247.40 BECK pBLNITE[TUflE Invoice Cooper & Stebbins Attn: Mr. Jeff Jones 1256 Main Street Suite 240 Southlake TX 76092 91MCErVED MAY 1 2 2900 April 30, 2000 Project No: 99076.00 Invoice No: 0000006 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: April 1 2000 through April 30, 2000 Fee Total Fee 225,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,018.00 100.00 Construction Admin 25.00 56,257.50 30.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee r Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Mileage/Toll/Parking Total Reimbursables 1.07 times Earned 11,251.50 'PC1 22,503.00 135,018.00 Td 16,877.25 l 0 185,649.75 180,024.00 5,625.75 5,625.75 63.00 82.23 6.48 400.17 109.50 661.38 707.68 Total this invoice $6,333.43 7001 Preston Road, Suite 210. LB 12, Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com RM BECK AR[NITECTUflE Cooper& Stebbins Attn: Mr. Jeff Jones 1256 Main Street Suite 240 Southlake TX 76092 May 31, 2000 Project No: 99076.00. Invoice No: 00000W Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services• May 1 2000 through May 31. 2000 Fee Total Fee 27,5,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11.251.50 100.00 Design Development 10.00 22.503.00 100.00 Construction Documents 60.00 135.018.00 100.00 Construction Admin 25.00 56,257.50 40.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Consultant Reimburseable Expense Total Reimbursables 1.07 times Earned 11,251.507A 22,503.00 ?a 135,018.00�a 22,503.00 0 191,275.50 185,649.75 5,625.75 5,625.75 68.33 29.47 9.40 289.31 203.28 599.79 6 1.78 Total this invoice $6,267.53 7001 Preston Road, Suite 210, LB 12, Dallas, TX 75205 tel 214.522.B494 tax 214. 522.B537 www.beckarchitecture.com BECK ARCN11EfIURE OR, � G11 Ni A L Invoice Cooper & Stebbins . June 30, 2000 Project No: 99076.00 Attn: Mr. Jeff Jones Invoice No: 0000008 1256 Main Street - - Suite 240 _ Southlake TX 76092 Project: 99076.00 Southlake Buildin 30C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services June 1 2000 through June 30.2000 Fee Total Fee 225.030.00 Percent Percent Phase of Fee Fee Complete Earned Schematic Design 5.00 11,251.50 100.00 11,251.50 Design Development 10.00 22.503.00 100.00 22,503.00 Construction Documents . 60.00 135,018.00 100.00 135,018.00 Construction Admin 25.00 56,257.50 45.00 25,315.88 Total Earned 194,088.38 Previous Fee Billing 191.275.50 _ Current Fee Billing 2.812.88 Total Fee 2,B12.88:. Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Mileage/Toll/Parking Total Reimbursables 116.00 583.41 4.37 284.71 113.40 1.07 times 1,101.89 1,179.02 Total this invoice 7001 Preston Road. Suite 210, L8 12. Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitectufe.com $3,991.90 BECK pRfH11E[IUflE EInvoice Cooper 8 Stebbins Attn: Mr. Jeff Jones 1256 Main Street Suite 240 July 31.2000 Project No: 99076-00 Invoice No: 0000009 Southiake TX 76092 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services July 1 2000 through July 25.2000 Fee Total Fee 225,030.00 Percent Percent of Fee Fee Complete Phase Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,018.00 100.00 Construction Admin 25.00 56,257.50 55.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Long Distance Telephone Postage/Shipping/Delivery Consultant Reimburseable Expense Total Reimbursables 1.07 times Earned 11,251.50 22.503.00 135,018.00 30,941.63 �6 199,714.13 194.088.38 5,625.75 \ 5,625.75 . . 19.00 6.37 1.27 20.50 39.45 86.59 Total this invoice 7001 Preston Road. Suite 210, LB 12. Dallas. TX-75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com 92.65 $5,718.40 BECK A9tNIiEtTO6E Invoice Cooper & Stebbins Attn: Mr. Jeff Jones 1256 Main Street Slate 240 Southlake TX 76092 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement Professional Services • Juh► 26 2000 through Au4ust 25, 2000 Fee ' ..XEIVE S t P 18 2000 September 6, 2000 Project No: 99076.00 Invoice No: 0000010 Total Fee 225,030.00 . Percent Percent iliiw Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,01 B.00 100.00 Construction Admin 25.00 56,257.50 60.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Iq Earned 11,251.50 22.503.00 135,018.00 33,754.50 202,527.00 199,714.13 2,812.87 Y \ Z812.87 Total this invoice $2,812.87 7001 Preston Road, Suite 210, LB 12, Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com Invoice Cooper & Stebbins Atin Mr. Jeff Jones 1256 Main Street Suite 240 Southlake TX 76092 Project: 99076.00 -- Soiitiliake Building 3C Architect of Record services for 75,000 SF two-story building wlbasement. Professional Services: August26, 2000 through September 22, 2000 Fee Total Fee 225,030.00 October 4, 2000 continuing Project No: 99076.00 our pursuit of Invoice No: 0000011 excellence... Percent Percent Phase of Fee Fee Complete Earned Schematic Design 5.00 11,251.50 100.00 11,251.50 Design Development 10.00 22,503.00 100.00 22,503.00 Construction Documents 60.00 135,018.00 100.00 135,018.00 Construction Admin 25.00 56,257.50 70.00 39,38025 Total Earned 208,152.75 Previous Fee Billing 202,527.00 Current Fee Billing 5,625.75 Total Fee Reimbursable Expenses Reproductions Long Distance Telephone Postage/ShippinglDelivery Total Reimbursables 1.07 times 5,625.75 13.13 47.07 30.00 9020 96.51 Total this invoice $5,72226 Beck Architecture 7001 Preston Road - Dallas. Texas 75205. 214 522 8494 fax 214 522 8537 • BECKGROUPCOM IN Invoice Cooper 8 Stebbins Attn: Mr. Jeff Jones 1256 Main Street - - Suite 240 Southlake TX 76092 �-BEC< pB[flI1ELitlflE November 1, 2000 Project No: 99076.00 Invoice No: 0000012 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: October 1 2000 through October 31. 2000 Fee Total Fee 225.030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22.503.00 100.00 Constriction Documents 60.00 135,018.00 100.00 Construction Admin 25.00 56,257.50 95.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Postage/Shipping/Defivery Total Reimbursables 1.07 times 3c" Earned 11,251.50 22,503.00 135,018.00 53,444.63 222,217.13 208,152.75 14,064.38 28.00 28.00 14,064.M 29.96 Total this invoice [E,094�.3� 7001 Preston Road, Suite 210, LB 12. Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com BECK ARtNI1EClUBf Invoice Cooper b Stebbins Attn: Mr. Jeff Jones 1256 Main Street Suite 240 - - Southlake TX 76092 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: December 1.2000 through December 31, 2000 January 12, 2001 Project No: 99076.00 Invoice No: 0000013 Fee Total Fee 225.030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251.50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,018.00 100.00 Construction Admin 25.00 56,257.50 98.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Consultant Reimburseable Expense Total Reimbursables 1.07 times Earned 11,251.50 22,503.00 135,018.00 55,132.35 223,904.85 222,217.13 1,687.72 1,687.72 6.00 59.81 65.81 70.42 Total this invoice 7001 Preston Road. Suite 210, LB 12, Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com $1,758.14 BEE< A R C H I I I C I U R I Invoice Cooper 6 Stebbins Attn: Mr. Jeff Jones 1256 Main Street _ Suite 240 Southlake TX 76092 March 5, 2001 Project No: 99076.00 Invoice No: 0000014 Project: 99076.00 Southlake Building 3C Architect of Record services for 75,000 SF two-story building w/basement. Professional Services: February 1 2001 through February 28.2001 Fee Total Fee 225,030.00 Percent Percent Phase of Fee Fee Complete Schematic Design 5.00 11,251..50 100.00 Design Development 10.00 22,503.00 100.00 Construction Documents 60.00 135,018.00 100.00 Construction Admin 25.00 56,257.50 100.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Reimbursable Expenses Facsimile Reproductions Postage/Shipping/Delivery Total Reimbursables 1.07 times Earned 11,251.50 22,503.00 135,018.00 56,257.50 225,030.00 223,904.85 1,125.15 39.00 140.78 14.60 194.38 207.99 Total this invoice $1,333.14 7001 Preston Road, Suite 210, LB 12, Dallas, TX 75205 tel 214.522.8494 fax 214. 522.8537 www.beckarchitecture.com EXHIBIT B Developer's Agreement Phase 2 Summary of Developer's expenditures for reimbursement RECORD SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, (hereinafter referred to as the "City"), and the undersigned Developer, (hereinafter referred to as the "Developer'), of a commercial development known as Southlake Town Square - Phase 2, to the City of Southlake, Tarrant County, Texas, (more particularly described in Exhibit A attached hereto, hereinafter referred to as "Phase 2") for the installation of certain community facilities and improvements designed to provide city services to Phase 2 and that are intended to be dedicated as public facilities, as more fully described in this agreement. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public facilities covered by this agreement. B. Developer will present to City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all public facilities to be constructed by Developer, and providing for payment to City of such amounts, up to the total remaining amounts required for the completion of Phase 2 if Developer fails to complete the work within two (2) years of the signing of this agreement. A Best -rated bonding company should approve all bonds. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by Developer and accepted by City. Lien releases will accompany each request for reduction executed by the contractors performing the work. A performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. Developer agrees to furnish to City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letters of credit or cash escrow will be issued prior to the final City acceptance of Phase 2 and will guarantee for a period of two (2) years that all public facilities covered by this agreement will be free of defects or failures due to materials or workmanship. The maintenance bonds, letters of credit or cash escrow will be issued on behalf of the contractors performing the work, and City will be named as the beneficiary if the contractors fail to perform any required maintenance. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 1 2/10/00 11:23 AM D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to the public facilities shall be vested in City, and upon dedication by Developer and acceptance by City, Developer relinquishes any right, title, or interest in and to the public facilities or any part thereof. It is further understood and agreed that until City accepts the public facilities, City shall have no liability or responsibility in connection with any such facilities. City shall accept the facilities upon their completion in accordance with the approved plans and specifications. Acceptance of the public facilities shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all public facilities are complete, have been inspected and approved and are being accepted by City. Developer agrees to transfer fee simple title to City by general warranty deed to all street rights -of -way and other property upon which public facilities are constructed. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; All gradation tests required to insure proper cement and/or lime stabilization. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 2 2/10/00 11:21 AM 2. City agrees to bear the expense of: a. All nuclear density tests on the roadway sub grade (95% Standard); b. Technician's time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples. City can delay connection of buildings to service lines or water mains constructed under this agreement until said water mains and service lines have been completed to the satisfaction of and accepted by City. F. Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in Phase 2 that have not been sold to third parties. After fifteen (15) days written notice, should Developer fail in this responsibility, City may contract for this service and bill Developer for reasonable costs. Such amount shall become a lien upon all real property of Phase 2 so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by Developer or a Contractor on a form other than the one which has been previously approved by City as "acceptable" shall be submitted to the City Attorney for City and this agreement shall not be considered in effect until the City Attorney has approved the instrument. Approval by City shall not be unreasonably withheld or delayed. H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement with City regardless of such company's authorization to do business in Texas. Approval by City shall not be unreasonably withheld or delayed. I. Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of City. The approved Development Regulations for Phase 2 are attached hereto as Exhibit C. J. Developer agrees that Phase 2 improvements will be constructed in conformance with the Site Plan attached hereto as Exhibit D (hereinafter referred to as the "Site Plan") and any construction plans and other permits or regulatory authorizations approved and/or granted by City during the development review process. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 3 2/10/00 11:21 AM PUBLIC FACILITIES: Developer will install the public facilities in accordance with the approved plans and specifications. Developer will provide all construction period funding for construction costs, materials and engineering of the public facilities. The following additional terms will apply: A. ON SITE WATER: Developer hereby agrees to install water facilities to service lots as shown on the Final Plat of Phase 2 attached hereto as Exhibit B. Water facilities will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by City. Further, Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, City will reimburse Developer for the oversize cost greater than the cost of an 8" line. Additionally, City agrees to provide temporary water service at Developer's request and expense, for construction, testing, dust control and irrigation purposes, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. Developer will construct a 20" water line and a 12" water line as part of Phase 2 improvements as shown on the approved construction plans. City will reimburse Developer for the cost of oversizing these lines from 8" to 12" and 20", respectively. B. DRAINAGE: Developer agrees to construct the necessary drainage facilities within Phase 2. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, and made part of the final plat as approved by the City Council. Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by City, or that may be modified by the EPA. C. STREETS: If applicable, the street construction in Phase 2 shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by Developer's engineer and released by the City Engineer. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 4 2/10/00 11:21 AM 1. Developer will be responsible for: a) Installation and two year operation of street lights; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by Developer and approved by City in accordance with City ordinances; c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by Developer's engineer and reviewed by the Director of Public Works. 2. All street improvements will be subject to inspection and approval by City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All water, sanitary sewer, and storm drainage facilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street paving construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between Developer and City that this requirement is aimed at substantial compliance with the majority of the pre -planned facilities. It is understood that in every construction project, a decision later may be made to realign a line or service which may occur after construction has commenced. Developer has agreed to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON -SITE SANITARY SEWER FACILITIES: Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of Phase 2. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by Developer's engineer and released by City. Further, Developer agrees to complete this installation in compliance with all applicable City ordinances, regulations and codes and shall be responsible for all construction costs, materials, engineering, permits and impact fees. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 5 2/10/00 11:21 AM E. EROSION CONTROL: During construction of Phase 2 improvements and after the streets have been installed, Developer agrees to keep the streets free from soil build-up. Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., to prevent soil erosion. It will be Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for Phase 2. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to Developer, Developer will have seventy-two (72) hours to clear the soil from the affected areas. If Developer does not remove the soil within 72 hours, City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at Developer's expense. All fees owed to City will be collected prior to acceptance of Phase 2. Developer shall obtain, prior to start of construction, a NPDES permit from the EPA and shall provide this permit to City. Developer shall be solely responsible for insuring compliance with all EPA regulations for erosion control and storm water management. F. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between City and Developer that the public facilities covered by this agreement provide unique amenities within public right-of- way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. Developer agrees to maintain these amenities until the public facilities are dedicated to and accepted by City. 2. City shall permit building projections into public easements and street right- of-way consistent with the Site Plan. Developer shall maintain all such projections in a safe and non -injurious manner and agrees to indemnify and hold harmless City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third persons occasioned by its use of the public right-of-way with regard to such projections and Developer shall, at its own cost and expense, defend and protect City against all such claims and demands. Developer (or assignees) shall provide annual evidence of liability insurance to City. City shall be informed by the insurance company of any lapse or cancellation of such liability insurance. (Projections shall be as defined in the Development Regulations, Section 4.0. ) 3. City will maintain all streets, sidewalks, utilities, and other public facilities from and after the date of dedication of and acceptance by City of such improvements. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 6 2/10/00 11:21 AM G. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: Approved payment and performance bonds submitted to City in the name of City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by City to be paid to City. 4. This agreement shall have been executed. 5. Developer, or Contractor shall furnish to City a policy of general liability insurance. 6. A Pre -Construction Meeting to be held with all Contractors, major Sub - Contractors, Utilities and appropriate Government Agencies. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE PUBLIC FACILITIES, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. B. Venue for any action brought hereunder shall be in Tarrant County, Texas. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 7 2/10/00 11:21 AM C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies City's approval on only the general design concept of the improvements to be constructed. In this connection, Developer shall for a period of two (2) years after the acceptance by City of the completed construction project, indemnify and hold harmless City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and Developer shall defend at his own expense any suits or other proceedings brought against City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to employ a construction contractor who is approved by City, which approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, Developer, or Contractor shall furnish the payment and performance bonds in the name of City prior to the commencement of any work hereunder and shall also furnish to City a policy of general liability insurance. F. Work performed under this agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, City may agree to renew the agreement with such renewed agreement to be in compliance with City policies in effect at that time. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 8 2/10/00 11:21 AM G. Prior to final acceptance of Phase 2 improvements, Developer shall provide to City (IIiw three (3) copies of Record Drawings of this project, showing the public facilities as actually constructed. In addition, Developer shall provide electronic files in a .dxf format showing the sanitary sewer plan and profile, storm drain plan and profile, street plan and profile, and water line plan. IV. OTHER ISSUES: A. OFF -SITE DRAINAGE: Developer has agreed to design on -site storm water systems so that there is no increase in storm water volume from Phase 2. In the event that Developer, with City=s review and approval, chooses to modify this design, then Developer shall contribute to off -site improvements within the Southlake Town Square development as needed to increase the capacity to handle the increased volume. B. OFF -SITE SEWER AND WATER FEES: There are no off -site sewer, off -site drainage, or off -site water structures required for Phase 2. C. PARK FEES: Park dedication requirements applicable to Phase 2 are 0.16 acres. Developer has carried forward a 0.9 acre credit from Phase I, and is entitled to apply such credit to Phase 2 park dedication requirements. Developer shall be allowed to carry forward a 0.74 acre credit to future phases of development after the application of such credit. D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A (and any amended versions). SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 9 2/10/00 11:21 AM E. CITY'S PURCHASE OF LAND AND RIGHT-OF-WAY: In connection with the development of Southlake Town Square, City has created a Tax Increment Reinvestment Zone No. 1 (the "TIRZ") to promote the development of a "downtown" area of City and to provide for funding in connection with the construction and purchase of certain public facilities. Because Southlake Town Square will serve as City's "downtown" area, City deems it necessary to obtain fee simple title to all street rights -of -way and real property upon which public facilities will be constructed. Developer will convey the above property located within Phase 2 to the City by general warranty deed. In consideration for such conveyance, City agrees to pay Developer, subject to the conditions and limitations set forth in Section IV.F. below, forty percent (40%) of the cost of all public streets, sidewalks, landscaping and associated streetscape improvements identified on Exhibit E, not to exceed $500,000.00; provided, however, any costs over $500,000.00 shall be at Developer's sole expense. F. PAYMENTS TO DEVELOPER: City's payment obligations under Section IV.E. are expressly contingent upon: a. City's participation in the TIRZ; b. the dedication by Developer and acceptance by City of all public facilities; C. completion by Developer of the initial four (4) buildings in Phase 2, containing not less than 35,000 gross square feet of building area, identified as Lot 1 on Exhibit D; d. the issuance of certificates of occupancy for eighty percent (80%) of the retail users within the 35,000 gross square feet identified in Paragraph IV.F.I. above and; e. the availability of funds from: i) incremental real property tax revenues within the TIRZ (the "TIRZ" tax revenues); ii) incremental business personal property city tax revenues generated within Phase 2 (the "personal property tax revenues"); and iii) incremental 1 % City General Fund sales tax revenues generated within Phase 2 sufficient to meet obligation as described below. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 10 2/10/00 11:21 AM 2. The City's payments to Developer for the rights -of -way and real property described above shall be met from available TIRZ tax revenues after payment of the annual debt service for the Joint Use Facility described in Section IV.J. below, commencing with the tax year beginning January 1, 2000 (fiscal year ending September 30, 2001). However, should there be insufficient TIRZ tax revenue from Southlake Town Square to meet the payment obligations to Developer under Phase 1 and Phase 2 after payment of the annual debt service for the Joint Use Facility, a combination of the TIRZ tax revenues, the personal property tax revenues, and sales tax revenues from Phase 1 and Phase 2 will be used for the payment to Developer of the aggregate purchase price of $4,000,000 from Phase 1 and $500,000 from Phase 2. a. These payments are anticipated to be made until September 30, 2019, or until the purchase price of the $500,000 is paid. b. In the event the City wishes to accelerate repayment of this amount, it shall be based upon the principal amount outstanding at that time. The amortization schedule shall be jointly agreed upon by City and Developer and approved by separate agreement. C. If annual revenues received from the three taxing streams (the TIRZ tax revenues, the personal property tax revenues, and the sales tax revenues) are not sufficient to cover the debt service for the Joint Use Facility, no payment shall be made to Developer for that year. d. After payment of debt service for the Joint Use Facility, the remaining revenues from the three taxing streams identified above shall be dedicated to payment to Developer, not to exceed the annual debt service payment described in the amortization schedule agreed upon by City and Developer. 3. If an initial certificate of occupancy is not issued for Phase 2 within two (2) years from the date of execution of this agreement, City's obligation will be null and void and City should be released from any obligation to make the payments provided above. G. CHANGE IN USE: In the event that City determines to change the use of any real property in Phase 2 which is purchased pursuant to this agreement for street rights -of -way, any design of structures shall be subject to the review and approval of the Subdivision=s Architectural Review Committee ("ARC") pursuant to the Southlake Town Square Covenants, Restrictions and Easements. H. NORTH CARROLL AVENUE RELOCATION AND WIDENING: The Site Plan includes the extension of the FM 1709 to Prospect Avenue section SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 11 2/10/00 11:21 AM of North Carroll Avenue from north of Prospect Avenue to north of Federal Way, in accordance with the preliminary layout attached hereto as Exhibit F. Terms of such relocation and widening shall be as follows: 1. Developer has dedicated the land shown on the recorded Final Plat to allow for construction of the road improvements. City will acquire all other necessary easements or rights -of -way from adjacent landowners. Developer will cooperate with City in obtaining the consent of such adjacent landowners. 2. Developer will employ a civil engineer and other outside consultants as necessary for the design and preparation of the final plans and specifications for the extension of North Carroll Avenue pursuant to the preliminary layout attached hereto. 3. Developer will pay all construction costs and related engineering, including all earthwork, infrastructure, paving and landscaping costs associated with the North Carroll Avenue extension project. 4. In consideration of Developer's construction of and payment for the North Carroll Avenue extension described herein, City will provide Developer and Developer's affiliated development companies, Southlake Venture East L.P. and Southlake Central Venture, with a fee credit in the amount of total Phase 2 impact fees and past, present and future Phase I impact fees up to a total fee credit of the cost of such construction. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 12 2/10/00 11:21 AM SIGNED AND EFFECTIVE on the date last set forth below: DENISE J. CARIN'O aaStvseaTm Comm. ;: Ex Tres f2-30-2000 CITY OF SOUTHLAKE By: The norable Rick Stacy, Mayor SOUTHLAKE VENTURE WEST L.P. By: Rialto Southlake West, L.P. its General Partner By: CS Southlake, LLC its General Partner By: Brian R. tebbins, President CS Southlake, LLC ATTEST: Notary Public: ailra� CC41v�� Type or Print Notary Name: tbEM Se T Ct:kC tf\j d My Commission Expires: l D 30 —011GE10 Address: 1725 E. Southlake Blvd., Southlake. Texas 76092 Date: 11wi, ATTEST: By ,A) Sandra rand, City Secretary Date: ``�a�un I nmai p �s�i \� F S UT ��i Zm_ s••' -a} �unrnu�u SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 13 2/10/00 11:21 AM CL \a'r, �� REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC -insured bank in a form acceptable to The City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide The City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by The City. SOUTHLAKE TOWN SQUARE PHASE TWO COMMERCIAL DEVELOPER'S AGREEMENT PAGE 14 2/10/00 11:21 AM EXHIBIT A STATE OF TEXAS COUNTY OF TARRANT WHEREAS WE, The Fechtel Group, a Texas General Partnership, is the owner of a 7.932 acre tract of land in the RICHARD EADS SURVEY, Abstract No. 481, Southlake, Tarrant County, Texas, being a portion of that certain 70.844 acres conveyed to The Fechtel Group by deed recorded in Volume 9811, Page 1241, Deed Records, Tarrant County, Texas (D. R., T. Co., Tx.); Being a 7.932 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in Southlake, Tarrant County, Texas, said tract being a portion of aforesaid 70.844 acres and being more particularly described by metes and bounds as follows: BEGINNING at a called 5/8 inch iron rod in concrete found in the common East line of said Richard Eads Survey and center of North Carroll Avenue for the common - - Northwest corner of Southlake Town Square -Phase I, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas (P.R., T.Co., Tx.) and Southwest corner of this tract; THENCE with said common survey line and centerline of North Carroll Avenue, North 00 degrees 11 minutes 06 seconds West 562.00 feet to a point for the Northwest corner of this tract; THENCE departing said survey line and centerline, EAST at 50.00 feet, passing a 5/8 inch iron pin set for the intersection of East line of North Carroll Avenue with the North line of Federal Way, a proposed 62.5 foot wide street, in all 639.14 feet to a 5/8 inch iron pin set for the Northeast comer of intersection of North line of Federal Way with the East line of proposed Reserve Street; THENCE with said East line of Reserve Street, SOUTH to the intersection of Northwest line of State Street with East line of Reserve Street at 298.11 feet to a 5/8 inch iron pin set in the present dedicated Northwest line of State Street; THENCE with said present dedicated Northwest line of State Street, South 30 degrees 00 minutes 00 seconds West 126.00 feet to an angle point in said RIW; THENCE continuing with dedicated West line of State Street, SOUTH 154.77 feet to its intersection with present dedicated North line of Prospect Street; THENCE departing the West line of State Street and with North line of Prospect Street, WEST passing a 5/8 inch iron pin found for East line of North Carroll Avenue at 524.33 feet, and continuing in all 574.33 feet to the place of beginning and containing some 7.932 acres of land. f L Odgn.f S..w : r' - 60 O�nie Sc.w it Frnrf �I •If (Ii waure u.a o .e :I Vw S: FEDERAL Wl F; MOYYMLAKR. 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' Cw• U-H-37 EXHIBIT B EXHIBIT C DEVELOPMENT REGULATIONS In this S-P-1 Site Plan District, the following development regulations and standards shall be applicable and shall control to the extent of any conflict with other development regulations in the Comprehensive Zoning Ordinance, Landscape Ordinance and Subdivision Ordinance. 1.0 Use Regulations a. Permitted Uses - Permitted uses shall be in accordance with the C-3 Zoning District, including U.S. Post Office and associated outside storage, except as otherwise provided below. b. Non -Permitted Uses: The following uses shall not be permitted: Filling stations or service stations, operating with or without a convenience store. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. Sexually oriented businesses. C. Uses Permitted by Specific Use Permit Only: The following uses shall not be permitted without a Specific Use Permit approved in accordance with Section 45 of the Comprehensive Zoning Ordinance ("Specific Use Permit"): Sale of previously owned retail goods. Electrical and gas repair and installation services, except where such services are provided incidental to the retail sale of electrical and gas appliances and supplies. Lodges, sororities and/or fraternities. Medical care facilities requiring or allowing an overnight stay, to include hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. Non mechanical penthouses intended for human occupancy. Mortuaries, fimeral homes and undertakers. 2-1 Plumbing and heating appliance repair and installation services, except where such services are provided incidental to the retail sale of plumbing and heating appliances and supplies. All storage of materials must be indoors within this zoning district. 2.0 Accessory Uses - Permitted accessory uses shall be in accordance with the C-3 district. In addition, the following accessory uses shall be permitted: • outdoor dining and seating areas • street furniture, urban design fixtures and streetscape components 3.0 Development Regulations - In this S-P-1 Site Plan District, the following development regulations shall be applicable: a. Building Height: No building shall exceed one (1) story nor shall it exceed the elevation of 710 feet NGVD 1929 as specified in Ordinance 480, Section 43.9.C.l.g(i), unless specifically exempted. b. Front, Side and Rear Yards: With the following exception, no front, side or rear yard is required. Notwithstanding the foregoing, buildings along the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback. No service drives or parking shall be permitted within the setback in front of a building as herein provided unless such building is setback a minimum of fifty (50) feet. In no event shall the bufferyard along North Carroll Avenue be less than twenty (20) feet. No bufferyard shall be required between lots or between a building and any public street except at North Carroll Avenue, as noted above. C. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-nine percent (79%) of the total block area; and provided further, that the maximum impervious coverage of any individual lot may not exceed eighty-five percent (85%) of the total lot area. d. Facade Articulation: Design guidelines for vertical and horizontal articulation are set by elevations of the buildings submitted with the S-P-1 Site Plan. Any combination of buildings which are located along a single block face may be treated as a single building for purposes of applying the requirements for facade articulation set forth in Section 43.9c.I(c) of the Comprehensive Zoning Ordinance. The property owner shall provide an exhibit as appropriate with each building permit showing cumulative block facade articulation. Nothing in this paragraph shall require the retrofitting of an existing building. 4.0 Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along North Carroll Avenue; ii) such projections do not extend over the 2-2 traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and br non -injurious manner: a. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. b: Roof eaves may project up to eighty-four (84) inches beyond the building face or architectural projection. C. Architectural Projections, including bays, towers, and oriels; show windows; below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-two (42) inches into a required yard or beyond the building face. d. No portion of an architectural projection described in Sections 4.0a, b and c above less .than eight (8) feet above the ground elevation may extend more than forty- eight (48) inches into a required yard or beyond the building face. e. Below -grade footings approved in connection with building permits. law 5.0 Off -Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): a. On -street as well as off-street parking shall be permitted within the S-P-1 Site Plan District. b. Required parking shall be located and maintained within three hundred (300) feet of the building served, and may be located anywhere within the S-P-1 Site Plan District and/or in Blocks 2 and 3 and/or streets in the adjacent Southlake Town Square N.R.P.U.D. On -street parking and shared parking anywhere within such area may be counted toward the off-street parking requirement for the S-P-1 Site Plan District. C. Where on -street parking is permitted, angled, as well as parallel parking shall be permitted. Forty-five (45) degree angled parking shall be permitted. However, no on -street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 2-3 6.0 Off -Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: a. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space b. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: Number of spaces: Office Uses or portion of building devoted to office uses: 0 - 49,999 sf 0 spaces 50,000 - 149,999 sf 1 regular space 150,000 - 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size: 0 - 9,999 sf 0 s aces 10,000 - 49,999 sf* 1 regular space 50,000 - 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 2large spaces Restaurant Uses with the following_ Tenant size: 0 - 9,999 sf 0 spaces 10,000 sf and up I 1 regular space 2. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 7.0 Streets and Sight Triangles: Within the S-P-1 Site Plan District, the following street design standards shall apply: a. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with North Carroll Avenue. These sight triangles shall be the triangle created by connecting 2-4 a point which is ten (10) feet into the site along the right-of-way at the intersection and a point extending away from the intersection a distance of forty �w (40) feet along the existing roadway right-of-way line. b. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. 8.0 Screening - Screening shall be provided in accordance with Sections 39 and 43.9.c. of the Comprehensive Zoning Ordinance except that the following requirements shall be followed in lieu of Section 43.9.c.1(e), Section 43.9.c.2(c), Section 43.9.c.2(d) or in lieu of any other section to the contrary: a. Screens comprised of planting materials and located within bufferyards along the boundary of the S-P-1 Site Plan District shall be exempt from the architectural fencing offset requirements of Section 43.9.c.1.(e). b. Loading docks and loading spaces intended for tractor/semi-trailer delivery must be screened from view from any public right-of-way, utilizing the methods prescribed in Section 43.9.c.2(c); provided, however, where buildings, perimeter screen walls and/or landscaping screen a loading dock or loading space from view from public right-of-way, no additional screening shall be required around such loading dock or loading space. C. Trash Receptacles may be screened utilizing a combination of E.I.F.S. screen walls, solid gate of wood or metal and landscaping, which, in combination, provide a suitable visual barrier. 9.0 Accessory Structures — Flagpoles in support of the U.S. Post Office may extend up to but shall not exceed a height of thirty-five (35) feet when located at the northwest corner of Prospect Street and State Street. 10.0 Landscaping — Within the S-P-1 Site Plan District, the following landscape standards shall apply: a. Bufferyards — Canopy trees of not less than four (4) inch caliper shall be planted approximately thirty-five (35) feet on center. No accent trees shall be required. b. Interior Landscaping — Interior landscape shall apply in all interior, non- bufferyard areas, including parking lot areas. In street areas, landscaping shall be limited to street trees of not less than three and one-half (3.5) inch caliper in four 2-5 (4) by eight (8) foot tree wells with associated ground cover. In addition to this arrangement, the service drive areas will be supplemented with two (2) foot by L four (4) foot beds with two (2) inch caliper trees and associated ground cover. These will be placed intermittently, as space allows. Calculation of interior landscape shall be computed as a ratio based on linear footage of building based on the formula "ILA=SCLF/TBLF x RILA," where "ILA" is the interior landscape required hereunder; "SCLF" is the streetscape building linear footage; "TBLF" is the total building lineal footage; and "RILA" is the interior landscape area required pursuant to the zoning ordinance. For example, where a 70' x 122' building (total building lineal footage of 384') has 122' lineal feet fronting a street and 262' facing interior areas, the calculation of interior landscape required under these Development Regulations is 122/262 or 68% of the interior landscape area otherwise required under the zoning ordinance. 11.0 Bufferyards — Bufferyards shall be located within and along the western perimeter of lots adjacent to North Carroll Avenue. Except as provided above, no bufferyard shall be required within this S-P-1 Site Plan District. 2-6 • � � I i � t it lilt, h • ��iislii �t:aiit ��ls1i ti13i l?ii 1 iYis�i! fi 1� fi f fl E- H11 I I. iJlj L}fINt11 I�'t nZ m=a s333 R 3' J. fit uF= veC.R OK !* Ce€:w C 9C eM s ! I! a — `��\,. '-s � salt! _,�.• (Kri 3or 'r 17M6v7 7 7Sv,u a!)w.11hS S aA'N 'i tU� MMJusS 7 J,IBJB A M7i1'1a4 • M1,B v0i_K 'MIMJ{=:7Y Al 30 nIS17M EXHIBIT E BECK Souttilake Town Square, Block 10 GMP Streets December 21, 1999 Item I Description Quantity UM E&Ilb ork - Excavation / Rough Grade Streets R.E. Cupp Construction - Lump Sum 75,537 SF Site Clearing / Grubbkrg 75,537 ' �SF Cut / Fill - Included Haul Waste Materials OR -Site- Included Silt Fence & Emsion Control 75,537 SF Site Fencing 6' S (1) Gate @ $125 EA (A&M Fence) 0 LF Construction Entrances 1 LS Construction Barricades 1 LS Bond LS Subtotal Public Fartltwork Wt@L Streets 20" Water Line ;0 LF 12" Water Line 0 LF 8" Water Line 1,048 LF 6" Water Line 80 LF 20" Butterfly Valve 0 EA 12" Gate Valve 0 EA 8" Gate Valve 6 EA 6" Gate Valve 4 EA Fire Hydrant 4 EA 20" x 8" Tapping Sleeve and Valve 1 EA 20" x 6" Tapping Sleeve and Valve 1 EA 6" Blow -Off Valve 3 EA Connect to Existing 2 EA 2" Air Release Valve 1 EA Fftffr*s 0.7 TN Trench Safety 1,358 LF Inspection Fee, 3.00% LS Staking, 1.50% LS Bond LS Subtotal Public water aSewe Streets 8" Sewer Line 882 LF 4' Manhole 6 EA: Extra Depth Manhole 10 VF Conned to Existing 1 EA Trench Safety 882 LF - Inspection Fee, 3.00% LS Staking, 1.50% LS Bond LS Subtotal Public Sewer Storm_ Drainage Streets 36' CL III RCP 0 30' CL III RCP 22B 226 LF 24" CL III RCP LF 21' CL III RCP 5 LF 18' CL III RCP 0 LF 4' SD Manhole 3k 8' Junction Box 2 EA 1 FA 2 - 36" Type B Headwall 0 EA 24" Type 8 Headwall 1 EA Remove Existing Headwall 0 EA 8' Storn Manhole 0 EA 4' Storm Manhole 0 EA 4' Grate Inlet 0 EA 10' Curb Inlet 8 EA Trench Safety 706 LF Inspection Fee, 3.00% LS Staking, 1.50% LS Bond LS Subtotal Public Storm Drainage Street and Parking Lot Paying Streets Grading for Llme Stabilization 9,017 SY Lime Stabilization, 27lfsy 9,017 SY Street Paving Area, 8' HMAC 6,316 SY ADO for Increesed Federal allay Road Width (+49 334 SY Street Paving Area, 5" HMAC 2,240 SY Curb and Gutter, Streets 4,150 LF Sidewalk Grading / Select FBI 0 SF 4' Sidewalks 0 SF ADD for Sidewalk along Post Ofte 0 SF Ramps. 0 EA Stdplog 0 LS Staking 1 LS Tax LS Bond LS Subtotal Public Street and Parking Lot Paving Block 10 Streets General Conditions, 7.00% Insuranoe, 0.60% Subtotal Fee, 3.50% auutum1 Contingency, 2.50% Subtotal Site / Civil Construction Staking, 2.00% Total Block 10 Sttsets A im W61 IMIHQFA YA&T Ir 51-6*.6 -01 WAG c4mffyam----- Lars 221AIM -17'5 K�Xl V 221/Al.0, -T J I I HER FF1 21- 1 WAZ COVEWXR Lft T5 J41— TRA4YV"R IT T 1\7 7 ZMR Y A L T wm c.*mwm- MT5 '5 ... T.- .1 .' I I . ! I i !k\ 22/N. FF WAC C4MEW" rFF7- Al WAe W$M OR Mts FF P2 nompmaml If•Y18 VLSI SOUTHLAKE TOWN SQUARE Phase II T.I.F. Reimbursement Schedule (Public Improvements Complete as of April 23, 2001) Item Description 1) INFRASTRUCTURE A) Mass Excavation & Earthwork B) Streets & Curbs Stone Drainage Water Services Sanitary Sewer Street Paving Lighting Distribution & Graphics Subtotal C) Off -site Roadwork Traffic Signal Work Road Modifications Subtotal D) Sidewalks Sidewalk/paving (included with streetscape) Streetscape Landscaping Miscellaneous (Beck and field engineering) Subtotal HC Beck (13.10%) and Cooper & Stebbins (4%) fees (percentage of cost) Interest Loan Fees Allocation of Architect, engineering, & other soft cost -master planning Allocation of Architect, engineering, & other soft cost -phase 1 Site Management Fee Subtotal TOTAL INFRASTRUCTURE Phase II % T.I.F. Total Cost Reimbursable Reimbursement 138,642 40% 55,457 138,642 55,457 161,139 40% 64,456 115,543 40% 46,217 52,576 40% 21,030 315,250 40% 126,100 83,947 40% 33,579 40% - 728,455 291,382 40% - 40% - - 40% - 84,191 40% 33,676 40% - 40% - 84,191 33,676 151,944 40% 60,778 96,813 40% 38,725 6,113 40% 2,445 - 40% - - 40% - 8,403 40% 3,361 263,273 105,309 1,214,561 485,824 EXHIBIT C T.I.F. Debt Service requirements related to Town Hall TIF-Debt requirements Fiscal 2000-E 2000 1999-B Year Series Series Series Total 9/30/02 327,311 300,000 191,555 818,866 9/30/03 168,630 520,000 191,555 880,185 9/30/04 310,186 720,000 191,555 1,221,741 9/30/05 356,993 860,000 191,555 1,408,548 9/30/06 406,068 820,000 376,555 1,602,623 9/30/07 457,174 965,000 377,768 1,799,942 9/30/08 510,074 1,120,000 378,310 2,008,384 9/30/09 564,530 1,275,000 378,163 2,217,693 9/30/10 620,305 1,440,000 377,413 2,437,718 9/30/11 676,368 1,610,000 375,938 2,662,306 9/30/12 83,993 1,785,000 373,718 2,242,711 9/30/13 85,868 1,960,000 375,855 2,421,723 9/30/14 82,585 2,150,000 372,075 2,604,660 9/30/15 84,134 2,150,000 372,630 2,606,764 9/30/16 85,390 2,155,000 372,240 2,612,630 9/30/17 86,340 2,165,000 370,440 2,621,780 9/30/18 82,120 2,165,000 367,800 2,614,920 9/30/19 364,320 364,320 TOTAL 4,988,069 24,160,000 5,999,445 35,147,514 DEBT SERVICE SCHEDULE OF REQUIREMENTS 2000-E SERIES CERTIFICATES OF OBLIGATION (TIRZ #1) FISCAL BONDS DUE YEAR NUMBER BONDS DUE 8.15 INTEREST 2.15 INTEREST B-15 TOTAL 2001.02 155,000 87,996 84,315 327,311 2002.03 0 84,315 84,315 168,630 2003-04 145,000 84,315 80,871 310,186 2004.05 200,000 80,871 76,121 356,993 2005-06 260,000 76,121 69,946 406,068 2006.07 325,000 69,946 62,228 457,174 2007.08 395,000 62,228 52,846 510,074 2008.09 470,000 52,846 41,684 564,530 2009.10 550,000 41,684 28,621 620,305 2010.11 635,000 28,621 12,746 676,368 2011.12 60,000 12,746 11,246 83,993 2012.13 65,000 11,246 9,621 85,868 2013.14 65,000 9,621 7,964 82,585 2014-15 70,000 7,964 6,170 84,134 2015.16 75,000 6,170 4,220 85,390 2016-17 80,000 4,220 2,120 86,340 2017-18 a.Q,000 2.120 11 82.120 TOTAL TOTAL OUTSTANDING BONDS TOTAL ORIGINAL ISSUE ISSUE DATE INTEREST RATES: PAYING AGENT: $3,630,000 $723,031 $3,630,000 $3,630,000 1215100 $635,035 $4,988,066 DEBT SERVICE SCHEDULE OF REQUIREMENTS SERIES 1999-B CERTIFICATES OF OBLIGATION COMBINATION TAX AND TIF REVENUE FISCAL BONDS DUE BONDS DUE INTEREST INTEREST YEAR NUMBER B-15 2.15 B-15 TOTAL 2001-02 2002.03 2003.04 2004.05 2005.06 2006.07 2007-08 2008.09 2009.10 2010.11 2011-12 2012-13 2013.14 2014.15 2015.16 2016.17 2017-18 2018.19 TOTAL TOTAL OUTSTANDING BONDS TOTAL ORIGINAL ISSUE ISSUE DATE INTEREST RATES: 0 0 0 0 185,000 195,000 205,000 215,000 225,000 235,000 245,000 260,000 270,000 285,000 300,000 315,000 330,000 $3,610,000 bonds through bonds through bonds through bonds through bonds through bonds through bonds through bonds through bonds through bonds through bonds through PAYING AGENT: CHASE BANK OF TEXAS 95,778 95,778 95,778 95,778 95,778 91,384 86,655 81,581 76,206 70,469 64,359 57,928 51,038 43,815 36,120 27,720 18,900 Im $1,194,721 $3,610,000 $3,610,000 7121199 95,778 95,778 95,778 95,778 95,778 91,384 86,655 81,581 76,206 70,469 64,359 57,928 51,038 43,815 36,120 27,720 18,900 am $1,194,721 4.750% 4.850% 4.950% 5.000% 5.100% 5.200% 5.250% 5.300% 5.350% 5.400% 5.600% 191,555 191,555 191,555 191,555 376,555 377,768 378,310 378,163 377,413 375,938 373,718 375,855 372,075 372,630 372,240 370,440 367,800 $5,999,443 DEBT SERVICE SCHEDULE OF REQUIREMENTS 2000 COMBINATION TAX AND TIRZ#1 REVENUE CERTIFICATES OF OBLIGATION FISCAL BONDS DUE BONDS DUE INTEREST INTEREST YEAR NUMBER 2.15 2.15 8.15 TOTAL 2001.02 273,879 26,121 300,000 2002-03 449,972 70,028 520,000 2003.04 589,939 130,061 720,000 2004.05 665,907 194,093 860,000 2005.06 598,862 221,138 820,000 2006.07 656,847 308,153 965,000 2007.08 712,488 407,512 1,120,000 2008.09 759,097 515,903 1,275,000 2009.10 796,997 643,003 1,440,000 2010.11 834,721 775,279 1,610,000 2011.12 861,102 923,898 1,785,000 2012.13 878,080 1,081,920 1,960,000 2013.14 892,788 1,257,212 2,150,000 2014.15 825,901 1,324,099 2,150,000 2015.16 764,335 1,390,665 2,155,000 2016-17 707,630 1,457,370 2,165,000 2017.18 656.492 1,508.508 2,165,000 TOTAL $11,925,037 $12,234,963 $0 24,160,000 TOTAL OUTSTANDING BONDS $11,925,037 TOTAL ORIGINAL ISSUE $11,925,037 ISSUE DATE 316100 INTEREST RATES: PAYING AGENT: EXHIBIT D T.I.F. Amended Project and Financing Plan, August 10, 1999 a a CITY OF SOUTHLAKE TAX INCREMENT REINVESTMENT ZONE # 1 AMENDED PROJECT AND FINANCING PLAN August 10, 1999 V CITY OF SOUI'HLAKE TAX INCREMENT REEWESTMENT ZONE #1 A►1ti1ENDED PROJECT AND FINANCING PLAN TABLE OF CONTENTS Amended Project Plan 1) Existing Uses and Conditions of Real Property and Proposed Improvements to and Uses of That Property 2) Proposed Changes of Zoning Ordinances, Master Plans, Building Codes and Other Municipal Ordinances 3) List of Estimated Nonproject Costs 4) Statement of a Method of Relocating Persons to be Displaced as a Result of Implementing the Plan Amended Financing Plan 1) Estimated Project Cost of Zone, including administrative expenses 2) Statement listing proposed public works or public improvements in the zone 3) Economic Feasibility Study 4) Estimated amount of Bond Indebtedness 5) Time When Related Costs Or Monetary Obligations Are To Be Incurred 6) Description of Financing Methods 7) Current Total Appraised Value of Taxable Real Property in the Zone 8) Estimated Captured Appraised Value of the Zone during Each Year of its Existence 9) The Duration of the Zone Exhibits A Legal Description and Map of The Reinvestment Zone B Tax Increment Reinvestment Zone Analysis C Proposed Capital Improvements D Listing of Properties and Appraised Taxable Real Value E Resolution No. 97-43 Setting A Public Hearing On The Creation Of the Reinvestment Zone and Public Notice Of A Public Hearing on The Creation of A Reinvestment Zone F Concept Plan Town Center - Phase I Town Center - Phase II AMENDED PROTECT PLAN Tax Increment Reinvestment Zone Number One Southlake, Texas In June 1997, the Southlake City Council began the process of creating the Tax Increment Reinvestment Zone by setting the public hearing. In September of 1997, the City Council passed Ordinance No. 682 establishing the TIRZ boundaries and creating a Board of Directors. In December of 1997, the City Council approved the final project and financing plan. The City of Southlake established a Tax Increment Reinvestment Zone Number One for the purpose of dedicating the tax revenue generated within the zone to a comprehensive infrastructure and facility development plan. The area consists of approximately 408 acres and is more fully described in the map and legal description presented in Exhibit A. The City created this zone to encourage quality commercial development along the Highway 114 corridor. The area is primarily undeveloped and the City intends to capture the anticipated incremental tax revenue increase to apply to targeted public improvement projects that benefit all . the overlapping taxing jurisdictions. This TIRZ zone represents an area that will develop fully at some point in the future, however active business/commercial development occurring to the west of the proposed zone may affect the zone's immediate development. With the creation of a Tax Increment Reinvestment Zone, property tax revenues in excess of the current appraised taxable value will be used to finance public improvements within the TIRZ Zone. The TIRZ will exist for the next twenty years or the date when all project costs are paid and the debt is retired, whichever comes first. This amended project plan and financing plan includes changes based on the CISD's ability to participate in the TIRZ and includes school educational facilities as consistent with the State statutes. As set forth in Section 3 11.0 11 in the Tax Increment Financing Act of the Tax Code, the Project Plan for the Tax Increment Reinvestment Zone Number 1, Southlake Texas must include the following elements: 1. A map showing existing uses and conditions of real property in the zone and a map showing proposed improvements to and proposed uses of the property. The boundaries of the Tax Increment Reinvestment Zone are shown in Map 1. The majority of the TIRZ area is open and undeveloped. Approximately 139.94 acres, or 41.5 %, receives an agriculture deferral designation by Tarrant County Appraisal District. The far southeast corner of the area is in the 75 `LDN' noise contour of Dallas/Fort Worth International Airport, while the remainder is within the 65 `LDN' noise contour. `LDN' is the abbreviation for the average day/night sound level calculation methodology used by airport operators to determine noise levels. The current zoning districts approved in the Reinvestment Zone are C3-General Commercial, NR-PUD-Non-Residential Planned Unit Development, R-PUD - Residential Planned Unit Development, AG - Agricultural, SF20A and SF20B- Single Family Residential, and CS - Community Service. The current approved zoning districts are included on a map designated as Map 2. The City of Southlake Land Use Plan adopted in June 1993 designates this area as Mixed Use, Medium Density Residential, Low Density Residential, and Industrial. Map 3 shows the Land Use Plan for the TIRZ area. Map 4 shows the current uses within the TIRZ area. This is not an exhaustive display, but is intended to provide a feeling of the current area and the possibility of expansion. The TIRZ has some existing development including Southlake City Hall, Walmart, Kroger, Home Depot, Blockbuster Video, and several other retail commercial units. Business areas, such as Village Center, have the opportunity to include more tenants, and this development is included in the incremental tax calculations. The final map, Map 5, shows the phasing of the development within the TIRZ based on what is anticipated to occur. It emphasizes the stages of the Southlake Town Square development, and is more indicative of the projected revenue streams from the order of development. It is not intended to be a definitive statement of all projects and developments which may occur on the TIRZ area. The contents of the maps are as follows: Map 1 of 5 Boundaries of the Reinvestment Zone Map 2 of 5 TIRZ Zoning Map 3 of 5 Land Use in the TIRZ Map 4 of 5 Current Uses and Conditions of Real Property in the TIRZ Map 5 of 5 Anticipated Phases of Development within the TIRZ Area 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes and other municipal ordinances. No changes are anticipated to any city codes or ordinances by the creation of the Tax Increment Finance Zone. This does not preclude, however, the possibility of planning and zoning changes subject to the standard planning and zoning process and procedures. 3. A list of estimated non -project costs. Non -project costs within the TIRZ zone are those development costs not paid for by the TIRZ. These will include, but are not limited to, $360.5 million in improvement costs for the Southlake Town Square which comprises 140 acres or nearly one third of the total land area of the Tax Increment Reinvestment Zone. This provides a conservative projection of assessed value growth and the potential funds available for public improvements. No information is available at this Amended Project and Financing Plan Tax Increment Zone #1 Southlake, TX Page 2 August 10, 1999 time on the potential value of projects arising from the other non -developed property or from the value of expanding uses currently within the TTRZ Zone. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. In the process of developing Southlake Tax Increment Reinvestment Zone Number One it may be necessary to relocate individuals and businesses. In the event that this is required, the City will follow the procedures that would be used in the development or construction of other public improvements outside the zone. Amended Project and Financing Plan Tax Increment Zone #1 Southlake, TX Page 3 August 10, 1999 AMENDED FINANCING PLAN Tax Increment Reinvestment Zone Number One Southlake, Texas The Amended Financing Plan provides information on the projected monetary impact that the formation of the TIRZ could have on the property described in Exhibit A. It will also describe how that impact can be utilized to enhance the area and region through leveraging the resources of each entity who participate in the project. Since the approval of the original project plan and financing plan, in December, 1997, additional contractual information has been incorporated into this plan. These items include (1) the interlocal agreements with the overlapping taxing entities between Tarrant County, Tarrant County Hospital District, and Tarrant County Junior College, and the City; and, (2) development agreement between the primary developers and the City. Upon approval of the amended project plan and financing plan, the participation agreement between the Carroll Independent School District and the City will be incorporated into this plan. The Tax Increment Reinvestment Zone Analysis, prepared by First Southwest Company, is included in its entirety in Exhibit B. The allowable "project costs" by the municipality establishing a reinvestment zone, as set forth in Section 311.011 in the TIF Tax code, are as follows: acquisition and construction of public works, public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition, demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition of land and equipment and the clearing and grading of land; • financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; • real property assembly costs; • professional service costs, including those incurred for architectural, planning, engineering, and legal advise and services; • imputed administrative costs, including reasonable charges for the time spent by employees of the municipality in connection with the implementation of the project plan; Amended Project and Financing Plan Tax Increment Zone # 1 Southlake, TX f Page 4 August 10, 1999 • relocation costs; • organizational costs, including the costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the zone, and the cost of implementing the project plan for the zone; • interest before and during construction and for one year after completion of construction, whether or not capitalized; • the cost of operating the reinvestment zone and project facilities; • the amount of any contributions made by the municipality from general revenue for the implementation of the project plan; and • payments made at the discretion of the governing body of the municipality that the municipality finds necessary or convenient to the creation of the zone or to the implementation of the project plans for the zone. The specific capital improvement projects anticipated to be undertaken in the TIRZ #1, Southlake are included as Exhibit C. As set forth in Section 311.011 in the Tax Increment Financing Act of the Tax Code, the Financing Plan for the Southlake, Texas Reinvestment Zone Number One must include the following elements: 1. Estimated Project Costs of the Zone, including administrative expenses; and, 2. A statement listing the kind, number and location of all proposed public works or public improvements in the zone. Total Project costs are estimated at approximately $163,669,018. Specific project cost estimates are included in Exhibit C. The proposed public improvements in the zone fall into five general categories: public buildings and facilities, public parks, general infrastructure, operational and maintenance, and other incremental costs. In addition, the TIF will pay a portion of project costs and operations for the Carroll Independent School District's educational facilities listed in Exhibit C-2 of the project plan, which are located in the TIRZ boundaries. The participation agreement between the City of Southlake and the Carroll Independent School District details the School District's level of participation in the TIF. - Amended Project and Financing Plan Tax Increment Zone # 1 Southlake, TX Page 5 August 10, 1999 The costs of each item and a brief description of the project components are as follows: Public Buildings and Facilities: TownHall-City/County Facility - $12,000,000 The proposed "Town Hall" will be a shared facility between the City of Southlake and Tarrant County with the goal to bring together in one central location, the many civic offices of the City of Southlake and Tarrant County. Town Hall will be located in the heart of the Town Square development, and will be the focal point of the new downtown. The facility will be approximately 80,000 square feet with approximately 12,000 square feet dedicated for Southlake's first Public Library. The offices for Tarrant County include the County Commissioner, Constable, Justice of the Peace, County Clerk offices, and Tax offices. The City of Southlake will include administrative offices, _ finance, municipal court, utility billing, planning, economic development, public works, and a public safety sub -station. Parking Facilities - $ 5,000,000 The public parking facility will provide parking for the Town Square development and could provide the TIF an optional revenue source by maintaining the right to charge parking fees. Educational Facilities - Library Capital Costs- $ 1,139,000 The Library facility is located within the Town Hall. The initial capital expenditures related to the library facility include the purchase of resource materials needed for the library collection, a library automation system, and library furnishings. Capital & Operational School Improvement Project- $113,200,000 As part of the TIRZ, the CISD will be paid a portion of project costs and operations for the educational facilities described in the project plan. The public improvements include a Middle School, Intermediate School, Elementary School, Transportation Facility and Multipurpose Stadium. The sites for these facilities are within the TIRZ boundaries and will benefit the community by attracting individuals and businesses desiring to relocate to the area with an exemplary school system which provides quality academic and athletic facilities. Amended Project and Financing Plan Tax Increment Zone # 1 Southlake, TX Page 6 August 10, 1999 Public Parks: $2,706,619 The TIRZ project plan includes costs associated with the development of public parks within the Town Square development including the development of Rustin and Fountain Place parks and a future six -acre park. These costs include land acquisition, structures, landscaping and trails. General Infrastructure: $24,710,400 The public improvement projects include streets, water, sanitary sewer, and storm water drainage systems. The project plan separates the general infrastructure into four categories designated as General Infrastructure A, B, C, and Educational Infrastructure. General Infrastructure A and B projects include costs associated with reimbursing the developer for 40% of the infrastructure costs within the Town Square development. General Infrastructure C costs include costs associated with road improvements to Carroll Avenue and Kimball Avenue, which are located on the periphery of the TIRZ boundaries. The Educational Infrastructure costs include water, sewer, drainage, and road construction to service the educational facilities located in the TIRZ. These projects will be funded with CISD and City of Southlake Contributions only. Operational and Maintenance: Capital Maintenance - $2,973,000 Capital Maintenance includes site work costs associated with construction of Town Hall and furniture, fixture, and equipment (FFE) costs for Town Hall. FFE includes such construction costs associated with building the dais for the Council Chambers, the bench for the Courtroom, etc. These funds will also include furnishing the common areas of the Town Hall, and for furniture and equipment for City of Southlake and Tarrant County offices. The capital maintenance costs includes $1,000,000 designated for large capital expenditures related to the building maintenance of the Town Hall facility. Other Incremental Costs: $1,940,000 Professional services costs associated with the TIRZ project plan include the architectural fees, construction management fees, and technology for the Town Hall facility. - - Amended Project and Financing Plan Tax Increment Zone #1 Southlake, TX Page 7 August 10, 1999 3. Economic Feasibility Study. The fiscal impact of phased development is outlined in the Tax Increment Reinvestment Zone Analysis (Exhibit B). Not reflected in this analysis is the anticipated sales tax and personal property tax revenue which would be in addition to the real property tax. These revenue streams would not be designated to be used specifically in the zone. 4. The estimated amount of bonded indebtedness to be incurred. The total principal amount to be issued for project costs is estimated at $53,600,000 for Public Improvement Projects and $ 61,700,000 for School Improvement Projects. 5. The time when related costs or monetary obligations are to be incurred. It is anticipated that debt will be issued in phases to fund a portion of the public works improvements that the corresponding real property development will require. Please refer to Exhibit C for the details regarding the type of improvements. Exhibit B provides an estimated timeline for issuance of debt. 6. A description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit on real property in the zone. Project costs will be financed through the issuance of debt instruments or through use of tax increment funds received. The revenue source will be the real property taxes captured by the TIRZ District, which will account for 100% of revenues used to retire the debt. For the Amended Financial Plan, the City of Southlake, Tarrant County, Carroll Independent School District, Tarrant County Junior College District and Tarrant County Hospital District are illustrated as participating at 100% in the TIRZ. The Carroll Independent School District is participating in the TIF with 100% of its M&O rate in the TIF district. The TIRZ, active through the City, will make annual payments to the School District in an amount necessary to offset any negative financial impact on the School District, as a result of its participation in the TIF, relating to State funds that would otherwise be received by the School District under school finance legislation or relating to amounts -- that must be paid or contributed by the School District under school finance law. Amended Project and Financing Plan Tax Increment Zone # 1 Southlake, TX Page 8 August 10, 1999 7. The current total appraised value of taxable real property in the zone. The total appraised value of the taxable real property in the zone using the 1997 base year values provided by the Tarrant Appraisal District is $32,123,017. The taxable value of those same properties is $23,217,804, after deducting a total of $8,805,213 for agricultural deferrals and tax exempt properties. A listing of properties is included in Exhibit D. The total taxable value of all properties on Southlake is $1.573 billion based on 1997 preliminary Tarrant Appraisal District Values. The 1999 total appraised value of the taxable real property in the zone provided by the Tarrant Appraisal District is $54,949,664. The 1999 taxable value of those same properties is $54,874,664, after deducting a total of $75,000 for agricultural deferrals and tax exempt properties. 8. The estimated captured appraised value of the zone during each year of its existence. The estimated appraised value of the improvements in the zone per year is listed in the following table. The estimated value of the zone assumes an annual growth in the appraised value of 3 % . This is less than the historic average annual growth of 5 % in assessed values in Southlake since 1992. Incremental Incremental Fiscal Year Taxable Assessed Fiscal Year Taxable Assessed Valuation Valuation 1998 $8,600,000 2009 $366,870,903 1999 $58,065,769 2010 $399,706,830 2000 $89,798,134 2011 $433,482,835 2001 $139,624,890 2012 $468,227,118 2002 $149,951,655 2013 $503,968,732 2003 $188,118,189 2014 $507,147,815 2004 $215,861,534 2015 $510,377,271 2005 $244,392,179 2016 $513,658,612 2006 $273,733,744 2017 $515,158,612 2007 $303,910,557 2018 $516,658,612 2008 $334,947,672 Amended Project and Financing Plan Tax Increment Zone # 1 Southlake, .TX Page 9 August 10, 1999 9. The duration of the zone. The zone was created in September 1997, with an effective date of January 1, 1998. The zone exists for 20 years with the termination of the zone set at either September 30, 2018 or the date when all project costs are paid and all debt is retired, whichever comes first. Amended Project and Financing Plan Tax Increment Zone #1 Southlake, TX Page 10 August 10, 1999 - . /0""*N V � O � �i ♦O ICI �1 1 Q 4-m y M MEN � V � ►� V E-� z� T= w K r� i •~► -- ^, r+ -A ►. er T .{ r. r. r r, IC IC R A � i Y < a� y V ,�Y+ 7 ;y. T rl — ]C Y ni 'r •r x T T = -r. T 'r. T ^1 �= i L T�� x r •r. T G C n 7 L � Y _ x •r � f+ f^'+ •r_ -{+ .0 T f 1 % T Y T T � w� � x s9 s► f4 9 �• � x Y � � x n % � 7^C �=S � y i L T x ^i �f e•^ w^. C— .� � n �-T n Ic LL �—� ^�---- -—-- CL LK '^ X S Z 8T - S X X 8• - ... `-. of. - r � X r X � �• � � � x �1 � � � � r r T '�. � = = = = ^ = = S = ^ = = = = L Fiscal Year Incremental Captured TAV TIF Calculation Ending Assessed Life (Yrs.) Date 30-Sep Valuation Base Year 1/1/97 1998 St 1 I/l/98 1999 8.600.000 2 l/l/99 2000 58.065.769 3 1/l/00 2001 89.798.134 4 1/ 1 /01 2002 139.624.890 -_v112w_ =_2i103 Y Y T49,5 6 1/l/03 2004 388.118.189 7 1/1/04 2005 215.861.534 8 111105 2006 244.392.179 9 l/l/06 2007 273.733.744 _ 3031PV 11 I/l/08 2009 334.947.672 12 1/1/09 2010 366.870.903 13 1/1/10 2011 399.706.83(1 14 1/]/] 1 2012 433.482.815 16 1/1/13 2014 503.968.732 ] 7 111114 2015 507.147.815 18 1/l/15 2016 510.377.271 19 l/l/16 2017 513.658.612 Prepared By: First Southwest Company A al TIF Without Carroll 1SD to of 0.9787 Cumulative 1.168 84.168 290 652.458 .854 1531.312 P09 2.897.821 11 6206511 637 8.319.147 860 10.711.014 :032 13.390.046 i3 is X 133 19.642.551 566 23 233.117 931 27.145.048 97 31387.544 342 40.902.425 456 45.865.881 062 50.860.943 1177 55.888.120 Carroll ISD at .10%r M&O Rate of 1.5(KK) Annual Cumulative SO S 38.700 38.700 261296 299.996 4(►4.092 704.088 628.312 1.332.400 846.532 2.853.714 971.377 3.925.091 1.099.765 4.924.856 1.231.802 6.156.657 1.507 265 9.031.519 1.650.919 10.682.439 ].798.681 12.481.119 1.950.673 14.4.11.792 2.267.859 18.806.673 2.282.165 21.088.838 2.296.698 23.385.536 2.311.464 25.697.(KK) $28.015.21 I•1 I I � I Irk r , T. �' IJ• = L i — -+ L it 'a N 1.. 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X x •i� Z Z R• w +" •I IJ J _ L IJ L IJ ¢ — •'7' -1 — OC ... R C. IJ IJ 'r+ '� IJ -J IJ 'JI 'JI N is ; T rJ ti ccjJ.. % �c J tj C_ x X L L L ^ . f 'JC Z IJ ac IJ '.T -_Ax « x .d CIC > It 1� R' A v 1"► rir ram r� a^i •�, et ww`e`:: 1 Fr l..l l� r flr O V1 ILA 'Pill _ MAPoWilt�� `Yam_ •-,_�� �,,.� LAC bwlwmwwwm 'fir m� IP .� � .r-�rz-�:���.--r----,I- - •�''- I�-.'�.J: tea. `-••`//. 1����.� ��7��•_�I�.iiiioilYf►a�d.` ��et�t1:.�i- - Inc=._C_.Y _ �9 i 2� imi ff/NI�j� ,ia �r' 1 Itit? I'M WAX.M®r I I Exhibit A '\ Beginning at the intersection of the south right-of-way line of F.M. 1709 (Southlake Boulevard) and the projection the existing of the west right-of-way line of Carroll Avenue (said right-of-way being either or what becomes future future right-of-way after right-of-way acquisition). THENCE NORTH, along the west right-of-way of Carroll Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to the intersection of the said west right-of-way line of Carroll Avenue and the south right-of-way of State Highway 114 (Northwest Parkway) (said right-of-way being either the existing or what becomes future right-of-way - after future right-of-way acquisition); THENCE NORTH, along the west right-of-way of the intersection of State Highway 114 (Northwest Parkway) and Carroll Avenue (said right-of-way being the west right- of-way after right-of-way acquisition is complete for the construction of State Highway 114 improvements) to the intersection of the north right-of-way of State Highway 114 (said right-of-way being either the existing or what becomes future right -of --way after future right-of-way acquisition), and the west right-of-way of - Carroll Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition); THENCE EAST, along the north right-of-way of State Highway 114 (Northwest Parkway) (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) continuing to the intersection of the east right-of-way line of Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition); THENCE SOUTH, along the east right-of-way of State Highway 114 (Northwest Parkway) (said right-of-way being the east right-of-way after right-of-way acquisition is complete for the construction of State Highway 114 improvements) to the intersection of the south right-of-way of State Highway 114 (said right-of-way _ being either the existing or what becomes future right -of --way after future right-of- way acquisition), and the east right-of-way of Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of- way acquisition); THENCE SOUTH, continuing along the east right-of-way of Kimball Avenue (said right-of- way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to the intersection of the south right-of-way of Crooked Lane and the said east right-of-way of Kimball Avenue; THENCE continuing in a southeasterly direction in a curve to the left along the east right-of- way of Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to the r intersection of the east right-of-way of Kimball Avenue and the west property line of Tract I of the C.B. McDonald Survey (Abstract 1013); THENCE NORTH, along the west property line of said Tract 1 to the intersection of the west line of Tract I and the southeast comer of Tract 3 of the C.B. McDonald Survey (Abstract 1013); THENCE WEST, along the south property line of said Tract 3 to the southwest corner of said Tract 3; THENCE NORTH, along the west property line of said Tract 3 to the southeast comer of said Tract 3B3; THENCE WEST, along the south property line of said Tract 3B3 to the southwest comer of said Tract 3B3; - THENCE NORTH, along the west property line of said Tract 3B3 to the northwest corner of said Tract 3B3; THENCE EAST, along the north property line of said Tract 3B3 to the northwest corner of said Tract 3; THENCE EAST,.along the north property line of said Tract 3 to the northwest comer of said Tract 1; THENCE EAST, along the north property line of said Tract 1 to the northeast corner of said Tract 1, said point being in the city limit line of the City of Southlake; A .. THENCE SOUTH, along the said east property line of Tract I to a point being in the city limit line of the City of Southlake and being in the north right-of-way line of South Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future Ki At -of -way acquisition); THENCE continuing in a southeasterly direction in a curve to the right along the north right- of-way of South Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to the intersection of the east right-of-way of South Kimball Avenue and the south property line of Heritage Industrial Park, said point also being in the city limit line of the City of Southlake; _ THENCE SOUTH, along the south property line of said Heritage Industrial Paris to the intersection of the south line of Heritage Industrial Park and the south right-of- way line of South Kimball Avenue; THENCE continuing in a northwesterly direction in a curve to the left along the west right- of-way of Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to a point in the east property line of Tract 1 of the C.B. McDonald Survey (Abstract 1013); THENCE SOUTH, along the said east property line of Tract 1 to the southeast corner of said Tract 1, said point being in the city limit line of the City of Southlake; THENCE continuing in a southwesterly direction along the south line of said Tract I to the southeast comer of Tract 1, said point being in the city limit line of the City of Southlake; THENCE NORTH, along the said west property line of Tract 1 to a point in the east property line of Green Meadow Addition and the south right-of-way line of South Kimball Avenue (said right -of --way being either the existing or what becomes future right-of-way after future right-of-way acquisition); THENCE continuing in a northwesterly direction in a curve to the left along the right -of- ' way of Kimball Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) to the intersection of the west right-of-way of Kimball Avenue and the south right-of- way of Crooked Lane and the said east light -of -way of Kimball Avenue; THENCE NORTH, along the west right-of-way of Kimball Avenue to the southeast comer of Tract 3A of the John A. Freeman Survey (Abstract 529); THENCE WEST, along the south property line of said Tract 3A to the southwest comer of said Tract 3A; THENCE NORTH, along the said west property line of Tract 3A to the southwest comer of Tract 1 of the John A. Freeman Survey (Abstract 529); THENCE NORTH, along the said west property line of Tract I to the southwest corner of Tract 1 B of the John A. Freeman Survey (Abstract 529); THENCE NORTH, along the said west property line of Tract 1 B to the southwest corner of Tract I C of the John A. Freeman Survey (Abstract 529); THENCE NORTH, along the said west property line of Tract 1 C to the northwest comer of - Tract 1 C of the John A. Freeman Survey (Abstract 529); THENCE. EAST, along the said north property line of Tract 1 C to the northeast corner of Tract I C of the John A. Freeman Survey (Abstract 529). said point being in the west right-of-way of South Kimball Avenue; THENCE NORTH. along the said west right-of-way line of South Kimball Avenue to the intersection of the west right-of-way of South Kimball Avenue and the south right-of-way of F.M. 1709 (Southlake Boulevard); THENCE WEST, along the south right-of-way of F.M. 1709 (Southlake Boulevard) to the j projection of the intersection of the west right -of --way of Carroll Avenue (said -right-of-way being either the existing or what becomes future right -of --way after future right-of-way acquisition) and south right-of-way of F.M. 1709 (Southlake Boulevard); THENCE SOUTH, along the east right-of-way of South Carroll Avenue to the intersection of the east right-of-way of Carroll Avenue (said right-of-way being either the A- existing or what becomes future right-of-way aRer f mm right -of --way acquisition) and the north right-of-way of East Continental Boulevard; '!HENCE SOUTH, across East Continental Boulevard to the intersection of the south right- of-way line of East Continental Boulvard and the east right-of-way of Brumlow Avenue; "HENCE SOUTH, along the east right-of-way line of Brumlow Avenue to the intersection of the east right-of-way line of Brumlow Avenue and the south line of the Brumlow Industrial Addition, said point also being in the city limit line of the City of SouWake; - THENCE SOUTH, along the south property line of said Brumlow Industrial Addition to the intersection of the south line of said Brumlow Industrial Addition and the west right-of-way line of Brumlow Avenue; 'THENCE NORTH, along the west right-of-way line Brumlow Avenue to the intersection of the west right-of-way line of Brumlow Avenue and the south right-of-way line of East Continental Avenue; THENCE WEST, along the south line of East Continental Avenue to the intersection of the west right-of-way line of South Carroll Avenue and the south right-of-way line of East Continental Avenue; THENCE NORTH, along the west right-of-way line South Carroll Avenue to the intersection of the west right-of-way line of South Carroll Avenue and the south right-of-way of F.M. 1709 (Southlake Boulevard); THENCE WEST, along the south right-of-way of F.M. 1709 (Southlake Boulevard) to the projection of the intersection of the west right-of-way of Carroll Avenue (said right-of-way being either the existing or what becomes future right-of-way after future right-of-way acquisition) and south right-of-way of F.M. 1709 (Southlake Boulevard) to the POINT OF BEGINNING, containing 408 acres, more or less. `^ MnemapalTLKEWZ7.Of. wpd MUM A4 TL,of Allowable Project Costs Public Buildings and Facilities Joint City/County Facility Educational Facilities Parking Facilities Public Parks Land Acquisition Special Structures Landscaping Trails General Infrastructure Water Utilities Sewer Utilities Storm Water Streets and Curbs Traffic Control Sidewalks/Streetscape Demolition & Excavation Earthwork/Grading Engineering/Contingency Total Development Infrastructure 4of Developer Infrastructure Operational and Maintenance Capital Maintenance Operation Costs Other Incremental Costs Professional Servicess r Exhibit C-1 Reinvestment Zone #1, Southlake Proposed Capital Improvement Program General General General Educational Schoollmprvt Infrastructure A' Infrastructure B Infrastructure C2 Infrastructure Projects $ 12,000,000.00 $ 1,139,000.00 $ 5,000,000.00 $ 1,134,154.00 $ 1,572,465.00 $ 548,380.00 $ 881,682.00 $ 216,148.00 $ 350,234.00 $ 399,669.00 $ 1,010,522.00 $ 1,329,972.00 $ 1,925,905.00 $ 2,500,000.00 $ 1,000,000.00 $ 3,484,739.00 $ 4,907,623.00 $ 302,540.00 $ 488,585.00 $ 7,281,448.00 $ 9,564,551.00 $ 2,912,579.20 $ 3,825,820.40 $ 1,973,000.00 $ 1,000,000.00 $ 1,940,000.00 $ 652,000.00 $ 1,370,000.00 $ 300,000.00 $13,150,000.00 $ 61,700,000.00 $ 51,500,000.00 SUB -TOTAL COSTS $ 21,098,733.20 $ 6,398,285.40 $ 7,500,000.00 $15,472,000.00 $113,200,000.00 GRAND TOTAL $ 163,669,018.60 ' The costs categorized as "educational facilities" include initial capital expenditures related to the library facility for resource materials, library automation system, and furnishings. 2 These street costs include road improvements to Carroll Ave. and Kimball Ave. They are either on the periphery of or exterior to the Rialto Development and thus the costs are covered 100% by TIRZ revenues. 3 All projects in this phase are to be funded with CISD contributions only. 4 Capital Maint. Costs described in "General Infrastructure A" includes site work costs associated with construction of Town Hall ($500,000), and FF&E costs for Town Hall ($1,473,000) s Professional services includes ($200,000 for services fees; $1,200,000 for Architectural fees; $390,000 for Construction Management fees; and, $150,000 for Technology for Town Hall including AN, sound, computer networking, etc.) Exhibit C-2 Reinvestment Zone #1, Southlake LV Proposed Capital Improvement Program To be funded with CISD and City of Southlake Contributions Only Educational Infrastructure School Site (Continental Blvd) South Carroll Avenue Road Construction from 1709 to Continental $4,740,000.00 Brumlow Road Construction from Continental to SH 26 $2,470,000.00 Drainage Improvements for 16 acre school site on Continental $300,000.00 Subtotal Infrastructure for Continental School Site $7, 510, 000.00 School Sites (South Kimball Ave) South Kimball Avenue Road Construction from 1709 $3,960,000.00 South Kimball Avenue Road Construction from Crooked to Heritage $1,980,000.00 Construct a 12" waterline along Kimball $652,000.00 Sewer for S. Kimball School site $370,000.00 S-7 Sewer Line for 42 acre site on S. Kimball $1,000,000.00 Subtotal Int:astructure for South Kimball School Sites $7,962,000.00 Total Educational Infrastructure $15,472,000.00 Educational Buildings and Facilities Middle School $ 19,500,000.00 Intermediate School $ 15,000,000.00 Elementary School $ 11,000,000.00 Transportation Facility $ 1,600,000.00 Stadium $ 14,600,000.00 Subtotal Buildings and Facilities $ 61,700,000.00 Operating Costs TIF Administrative Costs $ 75,000.00 Middle School $ 800,000.00 Intermediate School $ 500,000.00 Elementary School $ 500,000.00 Transportation Facility $ 200,000.00 Stadium $ 500,000.00 Annual Operating Costs $ 2,575,000.00 _ Cost for 20 years $ 51,500,000.00 Total Educational $ 113,200,000.00 TOTAL Contribution including Educational Infrastructure $ 128,672,000.00 and Educational Facilities and Operating Costs r cr rA IQ tJ ""' Qom'0 J r -- 4_1 "• A if n r) n %] CD pr 00 Co cn r _. —� "t - (� = < P"�• = O p to + ^ '✓.' • .� ."• .'•.ram C r _I • r� (% r� �` — OW rA r O � �_o y r Cv � G C— r A. 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I S f K = K t= Ilitict • n ' Z I T i i V K K f J J J N N N t 2 N C N � � L J L Z / C i v 1f N A K S S S N C .� L J J K J L ^ i.I C N JC iC N N i Z =_ r 3 T U i r R A ^ ^ i i C aFI ill J M i L1 �1 2 j _ i r T � � v I� y r 1. ..► � r r T T t J r v v v v � i o 01, i f at w tT is i X X N L L iA t � j N J C J ? i f 'A M L i .6 = L X V1 M L • L 1 L t • ♦ V �A t IV W ♦ I� �f t j j N j 13 ❑ ` El i •w L _ M i L J T — i Vt T 'r nt C 2 � � N T L L •/� — •/� � T i � ^ i �. T � i � T — .. +r• tar i 1 t� i ! = T i :I. Z Z Z.zc 201, r —LM LLJo r. do r_ :r' :� a� %s r• r. v. N L L N L L 6 L µ L 'J• L C L f J — L — L Z T C C � .i T T A. L L % i ioLC 9�t N ac % N N A. A. K J1 'J1 J �•i 'Jt 'J• � 'n J w M i w C •J1 — — Ja N i 2 i i ac C C C C i i N — i i J J L L i L w Ia J J v Q— t 2 C — J � 1 �. ^ J R i R R R R T ✓ R J , r R D D p — C C L L ..t i _ M v — I► iA Z Z Z 2 r r v / V r r � V r ell � l r � � r G i yt" - _kt A iA t L A. i. L L i L t t t M t L L ? J ;c N N 'p K iA t � N � hI Z C O — 0. _ C x C 931C i/4 t J J 'J1 t J N r.r N t H4 t J J t T C C •r — K_ t_ 9 2 _ t '1rC 2 4 'Ir + 2 iA IV t N t N N r`1 N 2 T iA — t — 7c T t iC J i v T T i i T to r. — • J 9' V J L Y J Y Y L ! - N i � K J _ to •i _ 16 — Y .6 'A C A 2 — C = Z: r — r z J ! L = a _� � — t J H rsS � fJ � IJL-AL�,--dl C'Jai 'Z11 iA a t i.^ H tJ •` :n C x � x : �13 X ^ V V 'l. 7 M r R M _ — Z N � < A 72IL-A ~ f ;• R J — _ J u R m C �. - N fi .yn — A v � r • r 4 - O. ^• _ r C f L J w fr N r w i A N J ? N .PC N 4r '3 •C T to — L N N N a EIA itC Ut — EXHIBIT E RESOLUTION SETTING A PUBLIC HEARING ON THE CREATION OF A Tat INCREMENT REINVESTMENT ZON-E RESOLUTION NO. 97-43 A RESOLUTION by the City Council of the City of Southlake, Texas setting a public hearing on the creation of reinvestment zone; directing notice of such public hearing be given and resolving other matters incident and related thereto. WHEREAS, the City Council of the City of Southlake, Texas has determined a certain contiguous geographic area in the City should be designated a reinvestment zone to promote development or redevelopment within the area pursuant to and in accordance with the provisions of the Tax Increment Financing Act (V.T.C.A., Tax Code, Chapter 311. as amended), hereinafter referred to as the "Act"; and WHEREAS, a description of the proposed boundaries of the reinvestment zone. together with tentative plans for the development or redevelopment of the proposed reinvestment zone and an estimate of the general impact of the proposed reinvestment zone on property values and tax revenues, is attached hereto as Exhibit A and incorporated herein by ! reference as a part hereof for all purposes; and WHEREAS, before designating such area to be a reinvestment zone, the City must hold a public hearing on the creation of the reinvestment zone and its benefits to the City and to property in the proposed reinvestment zone; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, .TEXAS: SECTION 1: A public hearing shall be held on the 26th day of August, 1997, during the regular meeting of the City Council of the City to begin at 7:00 P.M., on the creation of a reinvestment zone within the area and boundaries described in Exhibit A attached hereto and incorporated herein by reference as a part of this Resolution for all purposes and its benefits to the City and to the property in the proposed reinvestment zone. SECTION 2: The Citv Manager. Director of Finance and Citv Secretary are hereby authorized and directed to notify, not later than the 60th day before the date of said public hearing, the governing body of each taxing unit that levies real property taxes in the proposed reinvestment zone that the City intends to establish such reinvestment zone. Such notice to said governing bodies shall be in writing and contain substantially the information appearing in Exhibit A attached hereto, including a description of the proposed boundaries of the reinvestment zone, the tentative plans for the development or redevelopment of the area within E-1 Council to make a formal presentation to the governing bodies of the county and the scbool district that levies real property taxes in the proposed reinvestment zone, as well as members of the governing bodies of the other taxing units that levy real property taxes in the proposed zone who may elect to attend such presentation; all in accordance with the provisions of V.T.C.A., Tax Code, Section 311.003(f). SECTION 3: The City Secretary is hereby further directed to cause a notice of the public hearing on the creation of the reinvestment zone, in substantially the form. and content of Exhibit B hereto attached, to be published at least once in a newspaper having general circulation in the City not later than the seventh (7th) day before the date of the public hearing. SECTION 4: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 5: This Resolution shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED AND ADOPTED, this June 24, 1997. Mayo , City of Southl exas ATTEST: 10-1 h'AA if,/,& ti<< City Secretary, _ :M City of Southlake, Texas f Y (City Seal) APPROVED AS TO FORIM: k- City Attorney E-2 1 EXHIBIT E PUBLIC NOTICE NOTICE OF A PUBLIC HEARING ON THE CREATION OF A REINVESTMENT ZONE The City Council of the City of Southlake, Texas on the 26th day of August, 1997, during the Council's regular meeting to be held at 7:00 P.M. at the City Hall, 667 North Carroll Avenue, Southlake, Texas, will conduct a public hearing on creation of a reinvestment zone to promote development or redevelopment of the area consisting of approximately 646 acres of land _ generally located within the area bounded by East Highland Street, North Kimball Avenue, East Southlake Boulevard (F.M. 1709) and North Carroll Avenue in the City of Southlake, Texas. A more complete description of the proposed boundaries of the reinvestment zone, together with the tentative plans for the development of the reinvestment zone and an estimate of the general impact of the proposed reinvestment zone may be obtained from the office of the City Secretary. All interested persons are invited to attend said public hearing and speak on — the creation of the reinvestment zone, its boundaries or the concept of tax increment financing. J Sandra LeGrand City Secretary. City of Southlake, Texas E-3 (41w ;-7 SOUTHLAKE TOWN CENTER RIA, JU DEVEVINAti.11T PHASE I SITE PLAN F-I • &ALALA S-&AL&AV_&dLA" ---Maw ---------------- -- EA.ST' SOUTHLAIE BLVD.*,'mot 1709) ZPCTJTHLA.KE4- TOWN CENTER F-2 W 0 EXHIBIT E Developer's projections dated September 16, 1997 cu-1. it E 1-1 10, r 0 O to m N O O Cl)'0 N r O NCl) m p t0 n 0 O I'- t�0 Lf1 N W N 1n so LO W NH 40 40 C7 vN <-WW coO 7H r y �p Nn O 0 OON H CN t0rO N N H N m N H y p y w H m n 0 CJ n W -It N NN �Ocp'i ut01 0 < r C9 N.0 N N COf0 C C vN n v" N , con r-w n mN OW Yn m O a C.) m OO Y! 40E �w 40 O O y N W O CO N N W N H r0 p i N N O O 40 H N H H » y N N O0 n�oNm c0 coC%l r O 0 m 2cm0 JE O �m N m mN cc CCL co co N m NriL6Nn WytO Mp co n O° N O mHrNN H H H N N N C O O 0 tyOm�O N NN40 y w p r Cl)W N Ni N N N NyN C ;a- y C On„W OCy C N ` $ r •a v ly lL � 02-0 Il m—m y v 00.� x N` ym C m C CD j e0 m C N O m CL a E N O_ a m C C �'nWSo ooSW5o m m CCD C 7 L G 9 C cx mEo $m L-• m 0 U l m r n m O C a C C C m m ae m p m m m a 10 m o m a m < m c c Q a 0 u r `cm as � m LL m C Q 0 a E 0 M 0 O Q rN O O n W m Nt0 U, 10 Ct0O W 10 n ON CO N m OtoV)On m< N W N t0O WW C%j < n n Nin r- t0 W NHH O n0nW W OD Ny yyH O o O N r04 NO a O 40 nnoNMcoMN� NwN40. 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