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HomeMy WebLinkAboutEDCRes2017.01.01ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. Q['f 7 - 0 - r✓ C A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING PROCUREMENT OF PROFESSIONAL SERVICES FOR DEVELOPMENT OF PLANNED DEVELOPMENT ZONING AND DESIGN AND DEVELOPMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR A PROPOSED BUSINESS PARK IN ANNA, TEXAS WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to authorize their Chief Administrative Officer to procure the professional consulting services of City Centric Planning, LLC ; and WHEREAS, the EDC has determined that the above -referenced services, further described in Exhibit A, are in the best interests of the EDC and will promote economic development and expanded business enterprise in the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Consulting Services Agreement The Board of Directors of the Anna Economic Development Corporation authorizes the Chief Administrative Officer to execute, on behalf of the EDC, and subject to approval of the form and content by the EDC's legal counsel, a professional services agreement with City Centric Planning, LLC as further described in Exhibit A, for professional consulting services for development of a planned development zoning and design and development of Covenants, Conditions, and Restrictions for the proposed business park, said authority to include execution of all necessary documents to consummate the business relationship with said consultant. PASSED AND APPROVED by the Anna Economic Development Corporation this day of , 2017. APPROVE 4ownse Stump, EDC Preside ANNA EDC RESOLUTION NO. �6iT O , � � J PAGE 1 OF 1 Exhibit A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES STATE OF TEXAS § COUNTY OF COLLIN § This Professional Services Agreemqnt for Consulting Services (this "Agreement") is made and entered into on the day of 2017, by and between the Anna Economic Development Corporation, a Tes Type A velopment corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409 ("OWNER") and City Centric Planning LLC with its principal office at 2813 Persimmon Court, Plano, Texas 75074 ("CONSULTANT"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, (1) with the professional skill and care ordinarily provided by competent urban planners practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent urban planner. The professional services set out herein are in connection with the following described project (referenced herein as the "Project"): The Project shall include limited services traditionally performed by a retained or employed urban planner that is assisting with the creation and finalization of covenants, conditions, and restrictions for a proposed development project, including the services described under Article 2.A. of this Agreement and all related subtasks necessary and proper to fulfilling the duties expressly stated herein. ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform the following services: research, consultation, drafting of a set of planned development zoning stipulations and proposed covenants, conditions, and restrictions for all parcels of land targeted for development for the planned Anna Business Park ("C.C. & R."). The subject parcels of land will be identified for CONSULTANT by the OWNER'S Chief Administrative Officer. The C.C. & R. prepared by CONSULTANT shall be no less restrictive than the applicable regulations of federal, state, or local law PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 1 of 10 (including all subdivision, zoning and building codes of the City of Anna) as those regulations exist on the date the C.C. & R. are approved or recorded. The C.C. & R. may be designed to be more restrictive than said regulations, if in the professional judgment of CONSULTANT it would be beneficial to OWNER, or as may be requested by OWNER. B. CONSULTANT shall plan, develop, and draft a set of planned development zoning stipulations and the C.C. & R., in consultation with the OWNER and such other persons as may be designated by the OWNER, as further set forth in Exhibit A. CONSULTANT shall carefully draft recommended land use restrictions which appropriately balance the interests of OWNER, future owners or tenants of the property, adjacent property owners, and neighborhoods and other areas in general proximity. C. If required, CONSULTANT shall prepare graphics to accompany the C.C. & R. which reflect the aesthetic qualities likely to attract and retain the interest of desirable tenants and/or purchasers and deemed appropriate for the Anna Business Park in the discretion of OWNER. If such services are desired from CONSULTANT at a future date, a separate written contract will be drafted and executed as negotiated between the parties. CONSULTANT shall solicit and incorporate the feedback of OWNER at various stages throughout the design process. As reasonably requested, CONSULTANT will prepare alternative graphics for comparison by OWNER. D. CONSULTANT will confer with City of Anna and Anna EDC staff as needed through meetings and conference calls to develop planned development zoning stipulations and C.0 & R. E. CONSULTANT shall attend one Planning & Zoning Commission and one City Council meeting, if required by the OWNER, as part of the development and adoption of planned development zoning stipulations. F. CONSULTANT shall provide the following deliverables: 1. Planned Development Zoning Stipulations to be adopted by ordinance 2. C.0 & R document to be filed and recorded for the PROPERTY G. CONSULTANT shall not be responsible for filing and/or recording the C.C. & R. described in this Agreement. H. CONSULTANT shall not be responsible for preparing documents creating a Property Owners' Association or similar entity deemed necessary by the OWNER to facilitate the enforcement of the C.C. & R. ARTICLE 3 ADDITIONAL INCLUDED SERVICES Additional services to be performed by CONSULTANT for no additional compensation, , whether included in the above -described Scope of Services are generally described as follows: PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 2 of 10 A. Services relating to review of concepts of development, land use concepts, platting, consideration or critiques of entry features, landscape plans, and similar professional services B. During the course of drafting the C.C. & R., as requested by OWNER, CONSULTANT will be reasonably available for meetings with OWNER and/or OWNER's designees, which may include members of the business community and/or local residents, and which are not included in Exhibit A under C.C. & R. Services. C. CONSULTANT will assist OWNER's representatives on an as -needed basis in any necessary meetings or hearings before regulatory agencies relating to the Anna Business Park, until such time as the C.C. & R. for the subject properties are finalized, approved, and recorded. D. Preparing or supplying copies of computer aided drafting (CAD) electronic data bases, drawings, or files for use by OWNER and developers of the Anna Business Park. E. Providing a final version of the C.C. & R., portable document format (PDF), for approval and eventual recording by OWNER. ARTICLE 4 PERIOD OF SERVICE, PROJECT DESIGNEE This Agreement shall become effective as of the date that all of the following have occurred: (1) the duly authorized representative of CONSULTANT executes this Agreement; (2) this Agreement, fully executed, has been delivered to OWNER; and (3) the City of Anna, Texas City Council has duly approved of OWNER entering into this Agreement. This Agreement shall remain in force for the period which may reasonably be required for the completion of the Project, which is estimated to be eight (8) weeks subsequent to the execution of this Agreement and any reasonable extensions approved by OWNER. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible, contingent on public hearing and meeting schedules, and to meet the schedule(s) established by OWNER, acting through its Project designee, who shall be its Chief Administrative Officer ("CAO") unless otherwise designated in writing by OWNER. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. For and in consideration of the professional services to be provided by CONSULTANT herein, OWNER agrees to pay two payments of $2,000 in the manner set forth in B.1., below. This shall incorporate and subsume any and all PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 3 of 10 expenses arising from CONSULTANT's provision of professional services described in this Agreement, including but not limited to mileage, materials, and software licenses. 2. In the event of some unforeseen expense incurred by CONSULTANT, a request for reimbursement (with suitable receipts/documentation) may be submitted to OWNER for consideration of reimbursement. OWNER shall not be obligated to reimburse any such expense in absence of a written approval from OWNER executed prior to CONSULTANT incurring the expense at issue. Time dedicated to work on the Project by CONSULTANT (or any subcontractor, agent, employee, or assignee of CONSULTANT) does not constitute an expense eligible for reimbursement in absence of a separate written Agreement. B. BILLING AND PAYMENT: 1. Payment to CONSULTANT of two (2) payment(s) of $2,000 will be made in two (2) equal installments: the first shall be delivered by OWNER within 30 days of the date this Agreement is executed by both parties; the second shall be delivered by OWNER within 30 days of CONSULTANT's delivery of the final PDF version of the C.C. & R. to OWNER. Payment of the compensation due under this Agreement shall be in the form of a check made payable to City Centric Planning LLC. 2. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the OWNER or its designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. 3. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above the lump sum payment, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the OWNER's Chief Administrative Officer or her designee. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in and in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 4 of 10 ARTICLE l OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT shall irrevocably transfer to OWNER a perpetual, transferable, non-exclusive license of all intellectual property rights associated with the Project materials, immediately upon delivery to OWNER, without additional compensation or additional documentation. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in such other project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER or of the City of Anna, Texas. CONSULTANT OWNER shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 RECORDS AND INSPECTION OWNER shall have the limited right to audit and make copies of the books, records and computations pertaining to this Agreement upon request. CONSULTANT shall allow access to any records maintained for the benefit of OWNER within 5 business days. CONSULTANT shall notify OWNER prior to destroying any non -redundant records relating to this Agreement, other than draft versions of materials which have been rejected by OWNER or which exist in a final version. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and employees from and against any and all liability for damage to the OWNER to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the indemnitor or the indemnitor's agent, consultant under contract, or another entity over which the indemnitor exercises control. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 5 of 10 Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate; provided, however, that OWNER may allow for different limitations if so stated in writing by OWNER's Chief Administrative Officer. B. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. B. If the Agreement is terminated by CONSULTANT prior to completion of the services to be provided hereunder, CONSULTANT shall be deemed to have waived entitlement to the second installment payment described in Article 5.B.1. Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. C. If the Agreement is terminated by OWNER prior to completion of the services to be provided hereunder, OWNER and CONSULTANT shall agree on the amount of a fair portion of the second installment payment described in Article 2(B) above, to be calculated on a reasonable assessment of progress towards completion of the text and graphics of the final C.C. & R. If the parties are unable to agree as to a fair amount for the second installment payment following termination by OWNER, the parties agree to participate in mediation before an impartial mediator, with the costs of mediation to be split equally between the parties, but in no event shall CONSULTANT be awarded any amount greater than one-half of the lump sum payment described in Article 2(A) above. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 6 of 10 Acceptance of any second installment payment, or sum determined by a mediator, by CONSULTANT shall forever waive any claim for additional compensation or damages in any way related to this Agreement, including but not limited to damages for breach of contract. No party shall be entitled to an award of attorney's fees with respect to any breach of or claim under this Agreement. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the. OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: City Centric Planning, LLC Phyllis Jarrell 2813 Persimmon Court Plano, Texas 75074 To OWNER: Anna Economic Development Corporation Attn: Chief Administrative Officer 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 With a mandatory copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 7 of 10 ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVER,ABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS To the best of CONSULTANT'S reasonable information, knowledge and belief, CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 8 of 10 B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. To the extent of any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. The following exhibits are attached to and made a part of this Agreement: Exhibit A. B. No Third Paddy Beneficiaries: This Agreement is entered into solely for the benefit of CONSULTANT and OWNER. It shall not be construed in any fashion which creates or supports any cause of action by an outside party. C. Exclusive jurisdiction and venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Phyllis Jarrell. However, nothing herein shall limit CONSULTANT from using other qualified and competent personnel to perform the services required herein. PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 9 of 10 E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER as might be requested by OWNER, such as any and all work performed by other consultants employed by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. CONSULTANT shall at all times maintain OWNER's confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER or as may be compelled under court order. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the Anna Economic Development Corporation has caused this Agreement to be executed by its duly authorized officer, and CONSULTANT has executed this Agreement through its duly authorized undersigned officers. officer on this the J� day of APPROVED AS TO FOR : Anna Economic Development Corporation WITNESS: Clark McCoy Attorney for OWNER J sica Perin ief Admini rative Officer City Centric Planning LLC BY: ( G (r �' Phyllis rrell, its Mana ng Member PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 10 of 10 CITY CENTRIC PLANNING, LLC SCOPE OF SERVICES PREPARATION OF C.C.&R AND PLANNED DEVELOPMENT STIPULATIONS FOR ANNA BUSINESS PARK TASK 1 DETERMINE CONTENT OF,C.C.& R. AND PD STIPULATIONS • Research City of Anna zoning, subdivision and thoroughfare regulations and standard format of planned development zoning stipulations. • Visit Anna Business Park property to view site conditions that may influence and impact C.C.&R. and PD stipulations. • Consult with City of Anna and EDC staff to determine desired level of regulation and individual items to be included in C.C.&R and PD stipulations regarding design, landscaping, access, screening, maintenance and other factors. • Consult with City of Anna and EDC staff to determine which entity will perform design review and enforce the C.C.&R. • Participate in two meetings and/or conference calls as part of Task 1. TASK 2 — PREPARE DRAFT and FINAL C.C. & R.,AND PD STIPULATIONS • Prepare draft C.C.&R. and PD stipulations in coordination with city and EDC staff. • Review draft with city legal advisors to maintain conformity with all applicable local, state and Federal laws. • Prepare final PD stipulations in a format that can be incorporated into city staff reports. • Prepare final C.C.&R. document in a format ready for incorporation into legal documents to be filed and recorded. • Participate in two meetings and/or conference calls as part of Task 2. TASK 3 —APPROVAL AND ADOPTION OF PD STIPULATIONS • if requested, assist city staff in gaining approval of planned development zoning and adoption of PD stipulations. • Attend one Planning & Zoning Commission and one City Council meeting as part of this task. TASK 4 — APPROVAL AND ADOPTION OF C.C.&R. • If requested, assist EDC staff in gaining approval of C.C.&R. by EDC board. • Attend one EDC board meeting as part of this task. DELIVERABLES • Planned development zoning stipulations, including graphics (if required) in Word and .pdf formats. • C.C.&R. in Word and .pdf formats • Electronic copy of documents E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER as might be requested by OWNER, such as any and all work performed by other consultants employed by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. CONSULTANT shall at all times maintain OWNER's confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER or as may be compelled under court order. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the Anna Economic Development Corporation has caused this Agreement to be executed by its duly authorized officer, and CONSULTANT has executed this Agreement through its duly authorized undersigned officers_ officer on this the Jc day of APPROVED AS TO FORM: Anna Economic Development Corporation Clark McCoy J sica Pery'nsl Attorney for OWNER CKief Adminigtrative Officer WITNESS: City Centric Planning LLC BY: r Q BY: _ ? v Phyllis Ja ell, its Managing Qernber PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES Page 10 of 10