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HomeMy WebLinkAboutCDCpkt2017-12-07AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, December 7, 2017 @ 5:00 p.m. COMMUNITY Anna City Hall, Council Chambers DEVELOPMENT CORPORATION 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation will conduct a meeting at 5:00 p.m. on December 7, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order, Roll Call and Establishment of Quorum 2. Citizen Comments I Consider/Discuss/Action regarding accepting Nate Pike's resignation from the board. 4. Consider/Discuss/Action regarding electing a president. 5. Consider/Discuss a proposal for an entry feature and median landscape design for the Anna Business Park property. 6. Consider/Discuss/Action regarding approving a resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. 7. Financial Update. 8. Adjourn. This is to certify that I, Jessica Perkins, Chief Administrative Officer, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on December 4, 2017. Jessica Perkins, Chief Administrative Officer IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into closed session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. COMMUNITY DEVELOPMENT CORPORATION AGENDAITEM: Item No. 3. CDC Agenda Staff Report Meeting Date: 12/7/2017 Staff Contact. Jessica Perkins Consider/Discuss/Action regarding accepting Nate Pike's resignation from the board. SUMMARY: STAFF RECOMMENDATION: COMMUNITY DEVELOPMENT CORPORATION AGENDAITEM: Consider/Discuss/Action regarding electing a president. SUMMARY: STAFF RECOMMENDATION: Item No. 4. CDC Agenda Staff Report Meeting Date: 12/7/2017 Staff Contact. Jessica Perkins COMMUNITY DEVELOPMENT CORPORATION AGENDAITEM: Item No. 5. CDC Agenda Staff Report Meeting Date: 12/7/2017 Staff Contact. Jessica Perkins Consider/Discuss a proposal for an entry feature and median landscape design for the Anna Business Park property. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type craft proposal PK 12/6/2017 Backup Material ,4 Pacheco Koch November 21, 2017 (Revised) PK No.: 0100 Ms. Jessica Perkins Assistant to City Manager and Economic Development Officer CITY OF ANNA 1 1 1 N. Powell Parkway P.O. Box 776 Anna, Texas 75409-0776 Re: Professional Landscape Architecture Services ANNA BUSINESS PARK Main Entry Landscape Design Anna, Collin County, Texas Dear Ms. Perkins: Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide professional landscape architecture services relating to the referenced project in Exhibit "A". It is our understanding the project is located near the intersection of Powell Parkway and Collin County Outer Loop in Anna, Texas. This proposals assumes Pacheco Koch can be provided plans for paving & grading in the area to be used as a base map for landscape design. SCOPE OF SERVICES Based on our preliminary discussions and review of the information received to date, the following is our perception of the services to be provided by Pacheco Koch for the referenced project: Landscape Architecture Services LANDSCAPE & IRRIGATION PLANS - LIMITED SERVICES: Pacheco Koch will provide a Landscape Architecture Design that consists of minimum requirements to meet the applicable landscape concepts favored by the City of Anna. Included in this item: ■ Coordination of City review and approval of plans prepared as part of this item. ■ Up to one (1) team design meeting at the office of the architect, developer or owner to coordinate ground plane design elements. • Schematic Design: One (1) schematic option submitted for client review and coordination showing a solution that is compatible with City standards. • Concept Diagram with suggested pavement revisions to ease TxDOT review for the Civil Engineering Design. • Construction Documents: Plans to include planting and irrigation with applicable details to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules. ■ Specify lighting fixture and location only. Detailed circuiting and permitting to be provided by certified electrical contractor. ■ Location of a dedicated irrigation meter. • One (1) site visit at the completion of construction for purposes of confirming that the plan appears to be installed per requirements if requested by the owner. 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com Ms. Jessica Perkins November 21, 2017 (Revised) Page 2 Not included in this item: ■ Hardscape design, signage or water features. ■ Irrigation systems utilizing reclaimed water that require pumps, filters and associated controls. ■ Renderings, graphics or applications required to pursue a variance or special exception to the ordinance. ■ Bidding and Construction Administration services such as submittal review, change order preparation, site visits with field reports, etc. • All these services can be provided upon request for an additional fee. LANDSCAPE ARCHITECTURE - ENTRY FEATURE: Pacheco Koch will provide Landscape Architectural Design services for design of a masonry entry monument. Included in this item: • One (1) rendering of the proposed monument with materials, colors and scale identified. • One (1) meeting to present the proposed monument and gather input from the owner for incorporation. ■ Plan, section and elevation details of the proposed monument with recommendation for location, both horizontally and vertically. • Lighting location and fixtures specified. Not included in this item: ■ Electrical permit plans for site/monument lighting will be done via a licensed electrical contractor with information provided by Pacheco Koch. STRUCTURAL DESIGN - ENTRY FEATURE: Pacheco Koch will contract with a sub -consultant to provide structural review and detailed design for the project. The plan will be completed by a Licensed Structural Engineer in the State of Texas. This item will include design of the entry signage, pier details and connections. Geotechnical data from an adjacent pad site (provided by owner) will form the basis of the design. Landscape Architecture Special Services (If Requested) TxDOT/ONCOR COORDINATION: Pacheco Koch will prepare documents as necessary for TxDOT or Oncor approval. If requested by the Owner at hourly rates that are in addition to the "Landscape Architecture" Services. Based on our understanding of the scope of services, the following items are not included in this proposal: 1. Geotechnical or environmental investigation 2. Surveying services 3. Demolition Plan 4. Coordination of gas, electric, telephone and cable television service 5. Retaining wall design 6. Design of any drainage or grading. 7. Site Lighting Plan 8. Signage Plan 9. Bid phase services including preparation of bid forms, solicitation of bids and coordination with prospective bidders 10. Construction phase services including review of pay requests, review of shop drawings, construction observation, and job progress meetings Ms. Jessica Perkins November 21, 2017 (Revised) Page 3 SCHEDULE Pacheco Koch acknowledges the importance to City of Anna of the project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. City of Anna understands, however, that Pacheco Koch's performance must be governed by sound professional practices. If, through no fault of Pacheco Koch, such periods of times or dates are changed, or the orderly and continuous progress of Pacheco Koch's services is impaired or Pacheco Koch's services are delayed or suspended, then the time for completion of Pacheco Koch's services, and the rates and amounts of Pacheco Koch's compensation, shall be adjusted equitably. If requested, Pacheco Koch would be pleased to develop a project schedule outlining each of the items included previously described in the Scope of Services. COMPENSATION Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total fee, exclusive of direct reimbursable costs, as follows: Landscape Architecture Services LANDSCAPE & IRRIGATION PLANS - LIMITED SERVICES $ 6,000.00 LANDSCAPE ARCHITECTURE - ENTRY FEATURE $ 4,000.00 STRUCTURAL DESIGN - ENTRY FEATURE $ 1,000.00 TOTAL $ 11,000.00 Landscape Architecture Special Services (If Requested) TxDOT/ONCOR COORDINATION $ HOURLY* *Pacheco Koch proposes to provide the services listed above which are noted as "Hourly" on an Hourly Rate basis. A copy of our "Standard Schedule of Hourly Rates" is attached for your reference. SUMMARY This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for a period of thirty (30) days after which, if said proposal has not been executed, said proposal should no longer be valid. Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this proposal and looks forward to working with you on this project. If the proposal and accompanying agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. Upon receipt of notice to proceed, either in writing or verbally, it will be assumed said agreement is accepted by all parties and services will be provided accordingly. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. Si erely� f, Wade C. Peterson, R.L.A., LEEDOAP AMH/slr 01-16151R2 � 1 STORM WATER DETENTION II \ 1 EXHIBIT "A" Pacheco Koch STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time.) Reproduction: Black Line Bond Prints.......................................................................................... $ 0.50/sf Black Line Vellum Prints.......................................................................................$ 1.50/sf Black Line Mylar Prints......................................................................................... $ 2.00/sf ColorBond Plots................................................................................................... $ 3.00/sf Color Prints (8 1 /2" x 11 ")..................................................................................$ 1.00/ea Photocopies (8 1 /2" x 1 1 ")...............................................................................$ 0.10/ea Monumentation (Materials Only): 3" Aluminum Disks.............................................................................................$25.00/ea Mounting: Foam-core(3/16")................................................................................................$4.00/sf Binding Services: Punch& Bind.......................................................................................................$2.00/ea Storage Media: CD........................................................................................................................$ 8.00/ea Travel Expenses: Per Diem (Lodging/Meals)...........................................................$ 125.00/Day/Person rev. 12/2012 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com ,4 Pacheco Koch SCHEDULE OF STANDARD HOURLY BILLING RATES (Our hourly rates are subject to change at any time.) ENGINEERING SURVEYING Principal.............................................$225.00/Hr. Principal ............................................. $225.00/Hr. Associate Principal..........................$200.00/Hr. Associate Principal..........................$200.00/Hr. Director..............................................$200.00/Hr. Director .............................................. $200.00/Hr. Senior Project Manager ..................$150.00/Hr. Senior Project Manager .................. $150.00/Hr. Senior Project Coordinator .............$150.00/Hr. Senior Project Coordinator ............. $150.00/Hr. Project Manager..............................$120.00/Hr. Project Manager .............................. $120.00/Hr. Project Coordinator........................$120.00/Hr. Project Coordinator ........................ $120.00/Hr. Project Engineer.................................$95.00/Hr. Project Surveyor ................................. $95.00/Hr. Senior Technician ............................ $110.00/Hr. Survey Intern ....................................... $90.00/Hr. Technician..........................................$80.00/Hr. Senior Technician..............................$90.00/Hr. Drafter..................................................$75.00/Hr. Technician..........................................$80.00/Hr. Research Manager...........................$80.00/Hr. Drafter .................................................. $75.00/Hr. Technical Assistant............................$50.00/Hr. Research Manager...........................$80.00/Hr. Executive Assistant............................$85.00/Hr. Technical Assistant............................$50.00/Hr. Senior Administrative Assistant ......... $80.00/Hr. Executive Assistant............................$85.00/Hr. Administrative Assistant ....................$70.00/Hr. Senior Administrative Assistant ......... $80.00/Hr. Expert Witness Testimony ................$350.00/Hr. Administrative Assistant ....................$70.00/Hr. LANDSCAPE ARCHITECTURE Expert Witness Testimony ................$350.00/Hr. Principal.............................................$225.00/Hr. Survey Field Crew (I-person)...........$95.00/Hr. Associate Principal..........................$200.00/Hr. Survey Field Crew (2-person) .........$140.00/Hr. Director..............................................$200.00/Hr. Survey Field Crew (3-person) ......... $195.00/Hr. Senior Project Manager ..................$150.00/Hr. Survey Field Crew (4-person) .........$250.00/Hr. Project Manager..............................$120.00/Hr. Project Landscape Architect ..........$95.00/Hr. Landscape Designer.........................$75.00/Hr. Drafter..................................................$75.00/Hr. Executive Assistant............................$85.00/Hr. Senior Administrative Assistant ......... $80.00/Hr. Administrative Assistant ....................$70.00/Hr. Expert Witness Testimony ................$350.00/Hr. rev. 02/2016 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Anna Business Park Anna, Collin County, Texas PK No: 0100 This Agreement is made between Pacheco Koch Consulting Engineers, Inc., a Texas corporation, (hereinafter referred to as "PKCE") whose mailing address is 7557 Rambler Road, Suite 1400, Dallas, Texas 75231-2388, and City of Anna, (hereinafter referred to as "CLIENT"), whose mailing address is 1 1 1 N. Powell Parkway, P.O. Box 776, Anna, Texas 75409-0776, and is subject to the following terms and conditions to which the parties mutually agree: ARTICLE 1 - SCOPE OF SERVICES 1.1 In consideration of the mutual covenants contained herein, PKCE shall perform the services identified in letter of proposal dated November 21, 2017, which is made a part hereof, in accordance with the terms of this Agreement. 1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized representative of the CLIENT and by an authorized representative of PKCE. 1.3 PKCE shall not be responsible for a CLIENT's directive or substitution made without PKCE's agreement and which agreement shall not be unreasonably withheld. ARTICLE 2 - AMENDMENTS 2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this Agreement. Upon receiving the CLIENT's request, PKCE shall return to CLIENT a written change proposal setting forth an adjustment to the services and cost estimated by PKCE to represent the value of the requested changes. Following CLIENT's review of PKCE's change proposal, CLIENT shall execute said written proposal authorizing PKCE to perform the changes in the Services. ARTICLE 3 - PROJECT COSTS AND PAYMENT 3.1 PKCE shall be compensated, in U.S. Dollars, in accordance with the afore referenced letter of proposal and any subsequent executed amendments to said proposal. 3.2 Unless otherwise noted, direct costs such as application fees, review fees, blueprinting, reproductions, delivery fees, etc. are not included in the fees above and will be charged at cost times a multiplier of 1.10. 3.3 State and local sales tax shall also be considered a direct cost when applicable and will be charged at cost. Please note that professional boundary surveying services are subject to state sales tax. 3.4 PKCE will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated percentage of completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in writing and agreed upon by PKCE. 3.5 Payment shall be made by CLIENT within 30 days after receipt of the invoice. 3.6 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property is finalized. 3.7 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or any part of charges appearing on the invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT within 30 days of receipt of said invoice. 3.8 If legal action is necessary to enforce payment provisions of this Agreement, PKCE shall be entitled to collect from CLIENT any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PKCE in connection therewith. 3.9 A finance charge of 1.50% per month will be paid by CLIENT for all non -disputed invoices after 30 days. 3.10 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PKCE has the right to cease work on the project and CLIENT shall waive any claim against PKCE for cessation of services, and shall defend and indemnify PKCE from and against any claims for injury or loss stemming from said cessation of services. In the event the project is restarted, CLIENT shall also pay the cost of restarting and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. ARTICLE 4 - DELAYS AND TERMINATION 4.1 CLIENT or PKCE may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: In the event of any termination PKCE will be entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, CLIENT shall have the limited right to the use of Documents, at CLIENT's sole risk, subject to the provisions here within. In the event the services cannot be performed on or before the projected due date because of circumstances beyond the control of PKCE, including, but not limited to strike, fire, riot, excessive precipitation, act of God, governmental action, third party action or action of omission by CLIENT, the services shall be amended by CLIENT and PKCE in accordance with Article 2 of this Agreement. 4.2 If the CLIENT suspends the Project, PKCE shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, PKCE shall be compensated for expenses incurred in the interruption and resumption of PKCE's services. PKCE's fees for the remaining services and the time schedules shall be equitably adjusted. 4.3 If the CLIENT suspends the Project for more than 90 cumulative days for reasons other than the fault of PKCE, PKCE may terminate this Agreement by giving not less than seven (7) days' written notice. 4.4 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material breach of this Agreement and shall be cause for termination by PKCE. ARTICLE 5 - RIGHT OF ENTRY 5.1 CLIENT shall provide for PKCE's right to enter from time to time, property owned by CLIENT and/or others in order for PKCE to fulfill the scope of services included hereunder. A-1 ARTICLE 6 - INFORMATION PROVIDED BY OTHERS 6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to PKCE such information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the sufficiency of such information, either because it is impossible to do so, or because of errors or omissions, which may have occurred in assembling the information. CLIENT shall be responsible for, and PKCE may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to PKCE pursuant to this Agreement. PKCE may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Accordingly, CLIENT waives any claim against PKCE, and agrees to defend, indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to PKCE by CLIENT. Further, CLIENT agrees to compensate PKCE for any time spent or expenses incurred by PKCE in defense of any such claim, with such compensation to be based upon PKCE's prevailing fee schedule and expense reimbursement policy. 6.2 Subject to the standard of care set forth here within, PKCE and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. ARTICLE 7 - CONSTRUCTION ACTIVITIES 7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods, sequence, techniques and procedures necessary for performing, superintending and/or coordination all construction activities and warrants that this intent shall be made evident in CLIENT's agreement with the General Contractor. 7.2 Unless otherwise required in this Agreement, PKCE shall have no responsibility for discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. ARTICLE 8 - CONFIDENTIALITY 8.1 PKCE shall maintain as confidential, and not disclose to others without CLIENT's prior written consent, all information obtained from CLIENT, not otherwise previously known to PKCE in the public domain. The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of PKCE, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above. PKCE shall keep such information strictly confidential and shall not disclose it to any other person except to (i) its employees, (ii) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (iii) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE 9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PKCE, as instruments of service shall remain the property of PKCE. PKCE shall retain these records for a period of five (5) years following completion of services, during which period they will be made available to CLIENT at all reasonable times. ARTICLE 10 - JURISDICTION 10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas, we are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A, Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263. Complaints regarding surveying services rendered may be addressed to that agency. The firm registration number is TBPLS No. 10008000. 10.2 This Agreement is to be governed by the laws of the State of Texas. ARTICLE 11 - INDEMNITY 11.1 PKCE shall indemnify and hold harmless CLIENT from and against lawsuits, claims, liabilities, causes of action, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorney's fees and expenses, by whomever asserted, including, but not limited to, any government agency or branch or any third party to the extent the same are caused by (i) a breach by PKCE of any term or provision of this Agreement, (ii) violation by PKCE of federal, state or local statute, rule, regulation or ordinance in the negligent performance of the Services, or (iii) negligent errors or omissions of PKCE or its employees, agents, or subcontractors in the performance of the Services. 11.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless PKCE and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to, all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs), by whomever asserted, including, but not limited to, any government entity, agency or branch, any third party, an employee, contractor employed or retained by PKCE, any third party or employee employed or retained by PKCE, to the extent that such claim, property damage, injury or death was caused by (i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state, or local statute, rule, regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status as an owner, operator, arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) incomplete or inaccurate information provided by CLIENT to PKCE provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate CLIENT to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. ARTICLE 12 - LIMITATION OF LIABILITY 12.1 CLIENT, through its authorized representative, identified below, and PKCE, have discussed their risks, rewards and benefits of the project and PKCE's total fee for services. Neither PKCE, nor their consultants, agents, or employees shall be jointly, severally or individually liable to CLIENT in excess of one hundred thousand ($ 100,000.00) by any act of omission, including breach of contract or negligence not amounting to willful or intentional wrong. A-2 12.2 If, due to PKCE's error, any required item or component of the project is omitted from the construction documents, PKCE's liability shall be limited to the difference between the cost of adding the item at the time of discovery of the omission and the cost had the item or component been included in the construction documents. In no event will PKCE be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. 12.3 CLIENT and PKCE mutually agree that PKCE's liability to CLIENT for all causes shall be limited to the proceeds from any insurance available to PKCE. ARTICLE 13 - FIDUCIARY RESPONSIBILITY 13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary service to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE or any of PKCE's subconsultants or subcontractors, as a consequence of PKCE's entering into this Agreement with the CLIENT. 13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER, CLIENT also confirms that neither PKCE nor any of PKCE's subconsultants owes a fiduciary responsibility to the CLIENT or OWNER. CLIENT shall, as a material element of the consideration the Consultant requires performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's agreement with OWNER. ARTICLE 14 - INSURANCE 14.1 PKCE represents that it now carries and will continue during the terms of this Agreement to carry Workers Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance required by the laws of the State of Texas. A current PKCE Insurance Certificate will be provided to the CLIENT, if requested. ARTICLE 15 - ASSIGNMENT 15.1 Unless otherwise noted, neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both parties. PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use the services of persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. PKCE's use of others for additional services shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in advance. 15.2 PKCE may, at their discretion, assign this contract to a subsidiary of PKCE. PKCE shall notify CLIENT of their assignment at such time it takes place. ARTICLE 16 - NOTICES 16.1 Any notice given hereunder shall be deemed served when hand -delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or if sent by registered or certified mail or by a commercial courier service to the business address identified at the end of the Agreement. All notices shall be effective upon the date of receipt. ARTICLE 17 -STANDARD OF CARE 17.1 The standard of care for all professional engineering and related services performed or furnished by PKCE under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. PKCE makes no warranties, express or implied, under this Agreement or otherwise, in connection with PKCE's services. ARTICLE 18 -OTHER PROVISIONS 18.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PKCE and CLIENT. This Agreement replaces and supersedes all prior discussions and agreements between the CLIENT and PKCE with respect to the matters contained herein. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument signed by both CLIENT and PKCE. 18.2 Any signature of or pursuant to this Agreement, shall be considered for all purposes an original signature and of the same legal effect as an original, provided that at the request of a party any signature sent by facsimile or email shall be subsequently confirmed by an original re -execution. 18.3 All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 18.4 Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and PKCE, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 18.5 CLIENT shall not rely in any way on any Document unless it is issued in final form, signed or sealed by PKCE or one of its Consultants. 18.6 A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18.7 To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. By executing this agreement, PKCE and CLIENT indicate their acceptance and agreement with its terms. City of Anna Pache Ko on Iting En ine s, Inc. By: By: Name: Name: Mark A. Pacheco, P.E., R.P.L.S. Title: Title: President Date: Date: November 21, 2017 A-3 COMMUNITY DEVELOPMENT CORPORATION AGENDAITEM: Item No. 6. CDC Agenda Staff Report Meeting Date: 12/7/2017 Staff Contact. Jessica Perkins Consider/Discuss/Action regarding approving a resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. SUMMARY: In 2015 the EDC and CDC with the approval of City Council, entered into an agreement with Q Seminole LLP/Anna Town Center related to retail development at the NE corner of FM 455 and US 75. With the passage of the sales tax reallocation in November last year, it is necessary that the Economic Incentive Agreement with Q Seminole LLP/Anna Town Center be amended. The amendment will recognize the change in sales tax allocation to the CDC and release the EDC of liability. The total incentive amount will remain the same. The amendment is attached as Exhibit A for your review. STAFF RECOMMENDATION: Staff recommends you approve. ATTACHMENTS: Description Upload Date Type Res. CDC Q Seminole 12/4/2017 Resolution Amendment Q Seminole Anna Town Sq. 12/6/2017 Backup Material ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AN AMENDMENT TO A PROJECT AND RELATED INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P., ANNA COMMUNITY DEVELOPMENT CORPORATION, AND ANNA ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Anna Community Development Corporation (the "CDC") desires to disburse funds in support of a Community development project that will create and retain new jobs, and that has resulted in new capital investment within the corporate limits of the City of Anna, Texas ("City"); and WHEREAS, the CDC has found that the Project will promote new or expanded business development and that the expenditures of CDC funds under the Agreement are required or suitable for infrastructure and site improvements necessary to promote or develop new or expanded business enterprises; and WHEREAS, there has been a change in the collection of Sales Tax revenue resulting in a need for an amendment to recognize the reallocation of sales tax revenue and remove the EDC's liability of payment; and NOW, THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY 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. Approval of Project and Agreement The CDC hereby approves the amendment to the Incentive Agreement for New Community Development with Q Seminole Anna Town Center, L.P., the Anna Community Development Corporation, and the Anna Economic Development Corporation ("Amendment") attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the CDC President to execute same on its behalf, subject to approval as to form by legal counsel for the CDC and final content by the CDC Chief Administrative Officer, said Agreement to be effective upon approval by the City of Anna City Council and as set forth in said Amendment. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to disburse funds as a reimbursement in accordance with the Agreement. ANNA CDC RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the Anna Community Development Corporation on this , day of 2017. ATTEST: CDC President APPROVED: Lauretta Blacketer CDC Secretary ANNA CDC RESOLUTION NO. PAGE 2 OF 2 Exhibit A FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT This First Amendment to Incentive Agreement for New Economic Development (this "Amendment") is entered into between and among the Anna Economic Development Corporation, a Texas Type A development corporation ("AEDC"), the Anna Community Development Corporation, a Texas Type B development corporation ("ACDC") (collectively, the "Corporations"), and Q Seminole Anna Town Center, L.P., a Texas limited partnership ("Developer"; together with the Corporations, the "Parties"). WHEREAS, the Corporations and Developer entered into that certain Incentive Agreement for New Economic Development executed on or about April 16, 2015 (the "Agreement'), relating to the development of the "Phase I Development" as defined therein (capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement); WHEREAS, Developer completed the improvements comprising Phase I Development, the Infrastructure Improvements, and the Public Improvements in accordance with the terms of the Agreement and otherwise satisfied the conditions precedent under the Agreement to Developer's receipt of payments from the Corporations under the Agreement; WHEREAS, the Walmart Store completed within the Phase I Development exceeded 170,000 square feet; WHEREAS, on November 8, 2016, a majority of the qualified voters in the City approved a ballot measure permitted under Chapter 504 of the Texas Local Government Code to increase the sales and use tax imposed by ACDC to three-quarters of one percent and to eliminate the sales and use tax imposed by AEDC effective as of April 1, 2017; and WHEREAS, the Parties desire to modify the Agreement to (i) to memorialize the satisfaction of the conditions precedent to Developer's receipt of the payments under the Agreement; (ii) acknowledge that there will be no reduction in Project Funds or the Combined Maximum Amount with respect to a reduction in floor space of the Walmart Store; (iii) remove AEDC as a party to the Agreement; and (iv) revise the definition of Project Funds to reflect the new sales and use tax rate imposed by ACDC as of April 1, 2017. NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment, the AEDC, the ACDC, and Developer agree as follows: Section 1. Effective Date. FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1 4821-6051-2855v.1 The Effective Date of this Amendment shall be the date that the last of the following events have occurred: (1) the AEDC Board has duly resolved to enter into this Amendment; (2) the ACDC Board has duly resolved to enter into this Amendment; (3) the Parties to this Amendment have duly executed this Amendment; and (4) the City of Anna, Texas City Council ("City Council") has duly adopted a resolution approving this Amendment. Section 2. AEDC Non -Party Status. Effective as of April 1, 2017, AEDC shall have no obligations under the Agreement other than to pay the portion of the Project Funds due to Developer under the terms of the Agreement from sales and use tax revenue collected by AEDC prior to April 1, 2017. The Parties agree that upon the full discharge by AEDC of any obligations arising or accruing under the Agreement prior to April 1, 2017, AEDC shall no longer be a party to the Agreement and the Agreement shall be deemed terminated solely as to AEDC. For clarification purposes, effective as of the Effective Date: (1) references to the "Corporations" in the Agreement shall be deemed to solely include the ACDC; (2) references to the "Parties" in the Agreement shall be deemed to exclude the AEDC; and (3) notice shall not be required to be delivered to AEDC under the Agreement. Section 3. Completion of the Phase I Development, Public Improvements, and Infrastructure Improvements. The Corporations hereby acknowledge and agree that the Developer has completed the improvements comprising the Phase I Development, the Public Improvements, and the Infrastructure Improvements and has satisfied all of the other conditions precedent to receipt of payments under Section 5.01 of the Agreement. Section 4. Amendment of Definition of Project Funds. The definition of "Project Funds" in Section 3.03 of the Agreement is hereby deleted in its entirety and replaced with the following: "Project Funds" means a portion of the Sales and Use Tax that is actually received by the ACDC as set forth below until the earlier of: (1) expiration of the term of the Agreement; or (2) the date that the cumulative annual payments to the developer equal the Combined Maximum Amount. For years one (1) through five (5) of the payment period for the annual payments to be made to Developer under Section 5 of this Agreement ("Five -Year Payment Period"), Project Funds shall be an amount equivalent to 90% of the Sales and Use Tax that is actually received by the ACDC during the Five -Year Payment Period. For years six (6) through fifteen (15) of the payment period for the annual payments to be made to Developer under Section 5 of this Agreement ("Ten -Year Payment Period"), Project Funds shall be an amount equivalent to 80% of the Sales and Use Tax that is actually received by the ACDC during the Ten -Year Payment Period. FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2 4821-6051-2855v.1 Section 5. Amendment of Definition of Sales and Use Tax. The definition of "Sales and Use Tax" in Section 3.03 of the Agreement is deleted and replaced with the following: "Sales and Use Tax" means the three-quarters of one percent sales and use tax allocated to the ACDC and that is attributable to sales and use by Retailers in the Phase I Development. Section 6. Amendment of Section 5.01. Section 5.01 of the Agreement is hereby deleted in its entirety and replaced with the following: 5.01. Payment. To assist with the costs of the Public Improvements and Infrastructure Improvements, and in consideration for the other obligations undertaken by Developer in this Agreement, ACDC will make biannual (2 times a year) payments to Developer during the term of this Agreement that when combined shall be equal to $1,633,012 plus the Cost of Infrastructure Improvements plus the actual Cost of Traffic Signal, up to a combined maximum not -to -exceed amount of $2,934,001 ("Combined Maximum Amount"), subject to Section 5.05 and 5.06 of this Agreement. Said payments will be funded solely from Project Funds, which the ACDC must deposit into and maintain in one or more interest -bearing accounts until the biannual payment is due. At the time that each payment is due, the full amount of Project Funds on deposit in said accounts shall be paid to Developer. The first payment shall be due on or before the expiration of 30 days after the anniversary of the ACDCs first actual receipt of Sales and Use Tax. Thereafter, payments of Project Funds are due and payable biannually on or before the expiration of the same month during which said first payment was made. Section 7. Deletion of Section 5.011. Section 5.011 (Payment Reduction) is hereby deleted in its entirety. Section 8. Amendment of Section 5.02. Section 5.02 of the Agreement is deleted and replaced with the following: 5.02. Reallocation or Refund. If at any time the State Comptroller takes any action that results in a Reallocation or Refund of Sales and Use Tax, the Parties agree to reconcile the corresponding previous payments of Project Funds in the following manner during the respective payment periods. (a) During the Five -Year Payment Period: FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3 4821-6051-2855v.1 i. If the result is an increase of Sales and Use Tax to the ACDC, then 90% of such increase will be deemed to be Project Funds that are due and payable to Developer within 30 days of the ACDC's actual receipt of the revenue representing the increase. ii. If the result is a decrease of Sales and Use Tax to the ACDC or if the ACDC must refund any Sales and Use Tax, then 90% of such decrease or refund will be deemed to be an amount owed to the ACDC by Developer and such amount is due and payable within 30 days after the ACDC has provided written notice to Developer that the ACDC has incurred the decrease or made the refund; provided, however, the ACDC, at its sole option, may —instead of requesting payment from the Developer —subtract the amount of the decrease or refund from one or more future annual payments of Project Funds that would otherwise be due to be paid to Developer, and if the ACDC so opts, its will provide written notice to Developer of its intent to do so. (b) During the Ten -Year Payment Period: i. If the result is an increase of Sales and Use Tax to the ACDC, then 80% of such increase will be deemed to be Project Funds that are due and payable to Developer within 30 days of the ACDC's actual receipt of the revenue representing the increase. ii. If the result is a decrease of Sales and Use Tax to the ACDC or if the ACDC must refund any Sales and Use Tax, then 80% of such decrease or refund will be deemed to be an amount owed to the ACDC by Developer and such amount is due and payable within 30 days after the ACDC has provided written notice to Developer that the ACDC has incurred the. decrease or made the refund; provided, however, the ACDC, at its sole option, may —instead of requesting payment from the Developer —subtract the amount of the decrease or refund from one or more future annual payments of Project Funds that would otherwise be due to be paid to Developer, and if the ACDC so opts, it will provide written notice to Developer of its intent to do so. Section 9. New Developer's Notice Address. From and after the effective date of this Amendment the Comorations shall send all notices statements and/or payments that are to be sent to Developer under the Agreement to the following addresses: FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4 4821-6051-2855v. I Q Seminole Anna Town Center, L.P. c/o Chief Partners, LP 8111 Westchester Drive, Suite 800 Dallas, Texas 75225 With a copy to: Munsch Hardt Kopf & Harr, P.C, 500 N. Akard Street, Suite 3800 Dallas, Texas 75201 Attn: David Coligado Section 10. Miscellaneous. 10.01 Sole Agreement. All provisions of the Agreement that are not modified by this Amendment shall continue to be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns, and are hereby ratified in all respects. The Agreement, as amended by this Amendment, constitutes the sole agreement between ACDC and Developer. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in the Agreement, as amended by this Amendment are of no force and effect. 10.02. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and the binding agreement of each Party to the terms herein, but all of which together will constitute one and the same instrument. 10.03 Recording. The parties agree that this Amendment shall not be recorded. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5 4821-6051-2855v.1 EXECUTED BY THE PARTIES: Q SENIINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership By: ANNA TC GP, LLC, its general partner By: William H. Vanderstraaten, its Manager State of Texas County of Collin Before me, on this day personally appeared William H. Vanderstraaten, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of Anna TC GP, LLC, general partner for Q Seminole Anna Town Center, L.P., for the purposes and consideration therein expressed. Given under my hand and seal of office this — '? day of C � 2017. r PY A� - - (4 LAURA S RICKMAN NOTARY PUBLIC Notary — State of xas :. State of Texas +e Comm. F�cp.10�27-2019 AMENDMENT FOR NEW ECONOMIC DEVELOPMENT 4821-6051-2955v.i ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation Constance Ann Stump, its President State of Texas County of Collin Before me, on this day personally appeared Constance Ann Stump, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of Anna Economic Development Corporation for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Notary — State of Texas AMENDMENT FOR NEW ECONOMIC DEVELOPMENT 4821-6051-2855v.1 2017. ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation 31 its President State of Texas County of Collin Before me, on this day personally appeared, , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of Anna Economic Development Corporation for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Notary — State of Texas AMENDMENT FOR NEW ECONOMIC DEVELOPMENT 4821-6051-2855v.1 2017. COMMUNITY DEVELOPMENT CORPORATION AGENDAITEM: Financial Update. SUMMARY: Review of end of fiscal year ledger and budget breakdown. STAFF RECOMMENDATION: ATTACHMENTS: Item No. 7. CDC Agenda Staff Report Meeting Date: 12/7/2017 Staff Contact. Perkins Jessica Description Upload Date Type .;DC FY 16-17 12/5/2017 Backup Material CDC FY 16-17 Breakdown 12/5/2017 Backup Material CDC Date Revenues Expenditures Balance Description Cleared 10/1/2016 491611.73 starting balance 10/25/2016 -$8,000.00 $483,611.73 Ck. 2310 GACC Glow Fest 10/31/2016 10/27/2016 $35,104.91 $518,716.64 oct. sales tax 10/27/2016 10/31/2016 $190.81 $518,907.45 interest deposit 10/31/2016 $518,907.45 END OF MONTH (ck. 2309 previous fiscal year) 11/10/2016 -$445.50 $518,461.95 ck. 2311 W,T, McCoy 11/22/2016 11/10/2016 -$472.50 $517,989.45 ck. 2312 Birkhoff, Hendricks, Carte 11/17/2016 11/21/2016 $37,493.42 $555,482.87 nov. sales tax 11/21/2016 11/30/2016 $196.14 $555,679.01 interest deposit 11/30/2016 $555,679.01 END OF MONTH (matches bank) 12/6/2016 -$3,000.00 $552,679.01 ck. 2313 COA NOV. reimbursemen 12/14/2016 12/28/2016 $725,000.00 $1,277,679.01 deposit from EDC for land 12/28/2016 12/29/2016 $1,710,000.00 $2,987,679.01 CDC bond issuance 12/29/2016 12/29/2016 -$10.00 $2,987,669.01 wire fee 12/29/2016 12/29/2016 -$2,757,904.00 $229,765.01 Wire to Seller for Land 12/29/2016 12/30/2016 $10.00 $229,775.01 reimburse wire fee 12/30/2016 12/31/2016 $208.14 $229,983.15 interest deposit 12/31/2016 $229,983.15 END OF MONTH (MATCHES BANK) 1/6/2016 -$1,167.67 $228,815.48 ck 2314 COA dec. reimbursement 1/6/2017 1/20/2016 $35,778.69 $264,594.17 dec sales tax deposit 1/20/2017 1/25/2016 $35,553.28 $300,147.45 jan. sales tax deposit 1/25/52017 1/31/2016 $95.88 $300,243.33 interest deposit 1/31/2017 1/31/2016 -$174,245.40 $125,997.93 CK.2315 COA Jan. reimbursement 2/6/2017 $125,997.93 END OF MONTH (ck. 2315) 2/6/2017 $5,513.07 $131,511.00 Reimbursement from Hilltop Secur 2/6/2017 2/28/2017 $55.12 $131,566.12 interest deposit 2/28/2017 $131,566.12 END OF MONTH (matches bank) 3/15/2017 $50,514.59 $182,080.71 sales tax feb. deposit 3/15/2017 3/28/2017 $20,834.18 $202,914.89 reimbursement overpayment of Bc 3/28/2017 3/29/2017 $36,860.81 $239,775.70 sales tax march deposit 3/29/2017 3/31/2017 $63.23 $239,838.93 interest deposit 3/31/2017 3/31/2017 -$2,690.17 $237,148.76 ck. 2316 COA reimbursement Marc3/31/2017 3/31/2017 $237,148.76 END OF MONTH (matches bank) $237,148.76 4/25/2017 $40,187.34 $277,336.10 April sales tax 4/25/2017 4/30/2017 $90.69 $277,426.79 interest deposit 4/30/2017 $277,426.79 END OF MONTH (matches bank) 5/4/2017 -$5,129.15 $272,297.64 ck. 2317 COA reimburse April 5/5/2017 5/30/2017 -$8,241.64 $264,056.00 ck. 2318 COA reimbuse May 5/31/2017 5/31/201 $42,165.55 $306,221.55 sales tax deposit 5/31/2017 5/312017 $104.74 $306,326.29 interest deposit 5/31/2017 $306,326.29 END OF MONTH (matches bank) 6/29/20171 $60,637.90 $366,964.19 1 sales tax deposit 6/29/2017 6/30/20171 $114.42 $367,078.61 interest deposit 6/30/2017 6/30/2017 -$1,819.00 $365,259.61 ck. 2319 COA reimburse 6/30/2017 6/30/2017 -$28,454.07 $336,805.54 ck. 2320 COA reimburse 6/30/2017 $336,805.54 END OF MONTH (matches bank) 7/31/2017 $128.72 $336,934.26 interest deposit 7/31/2017 $336,934.26 END OF MONTH (matches bank) 8/4/2017 $80,051.90 $416,986.16 July Sales Tax Deposit 8/4/2017 8/4/2017 -$70,995.41 $345,990.75 Ck 2321 COA reimbursement 8/4/2017 8/25/2017 $68,904.00 $414,894.75 Aug. sales tax deposit 8/25/2017 8/31/2017 $137.85 $415,032.60 Aug. interest deposit 8/31/2017 $415,032.60 END OF MONTH (matches bank) 9/12/2017 -$35,336.03 $379,696.57 ck. 2322 COA reimburse 9/12/2017 9/29/2017 -$2,156.71 $377,539.86 ck. 2323 COA reimburse 9/29/2017 9/29/2017 $76,029.11 $453,568.97 Sept. sales tax deposit 9/29/2017 9/30/2017 $147.051 1 $453,716.02 linterest deposit 9/30/2017 $453,716.02 1 END OF MONTH (matches bank) -$1,227.051 $452,488.97 Ick. 2324 (portions) COA reimbursement -$3,101, 294.30 Sales Tax Revenue Interest RevenL Other Revenue - Bond Proceeds Revenues $639,468.84 $1,532.79 none $1,736,347.25 Expenditures $3,101,294.30 Personnel Direct Bus. Incentive. capital debt service Service/Legal/Other Serv. Admin./other/post/due Promo Expenditures D D U 2�m - L=-, Balance Services o Debit Balance Capital 89-825- CDC Budget 2016-2017 Administration and Supplies Debit Debit Balance 6208 Office Supplies $250.00 6703 Contract $17,500.00 6789 Debt Service $83,000.00 ck. 2317 PO 17667 nameplates (21.58) $228.42 ck. 2315 PO 17156 City Fin. & Acct. IT Cost McLE (600.00) $16,900.00 ck. 2315 PO Regins Bank (Bond B SCP) (15,000.00) $68,000.00 ck. 2315 PO 17157 City Fin. & Acct. IT Cost McLE (600.00) $16,300.00 ck. 2315 17159 Regions Bank (bond A refinance) ($68,000.00) $0.00 ck. 2319 PO 18043 1/2 DP Dave's Signs (bus. Pa (11819.00) $14,481.00 ck. 2320 PO 18131 COA Fin & Acct. IT (600.00) $13,881.00 ck. 2322 PO 18505 COA Fin & Acct. IT cost share (625.00) $13,256.00 6790 Interest Expense ck. 2315 PO 17160 Regions Bank (Bond B SCP) $83,000.00 ($26,317.50) $98,700.00 $72,382.50 (21.58) ck. 2322 PO 18504 COA Fine & Acct. IT cost shar (75.00) $13,181.00 6209 Other supplies ck. 2314 PO 16997 JP Morgan Statemer (7.22) $250.00 $242.78 ck. 2322 PO 18742 Dave's signs (bus. Park) 1,819.00 $11,362.00 (6,138.00) ck. 2315 PO 17159 Regions Bank (Bond A refinance) ($1,383.72) $70,998.78 6711 Travel $2$0.00 ck. 2321 PO 18378 Regions Bank (land) ($44,228.51) $26,770.27 ck. 2322 PO 18508 Hosted Lunch (159.70) $" 08 ck. 2321 PO 18385 Regions ($26,070.00) $700.27 ck. 2321 PO 18386 regions ($696.90) $3.37 6721 Education & Training $250.00 6756 ENGINEERING ck. 2312 B, H, C ($98,696.63) $4,000.00 $3,527.50 (1ss.s2) ($472.50) 6731 Public Notices $200.00 ck. 2314 PO 16893 B, H, C ($472.50) $3,055.00 6735 Promotional ck. 2310 GACC glowfest (8,000.00) $34,800.00 26,800.00 ck. 2316 PO 17475 B, H, C NSP project ($2, 241.60) $813.40 ck. 2322 PO 18674 NSP project ($310.00) $503.40 6912 Bond Cost ck. 2315 Bond Counsel - check returned $135,000.00 -$21,334.18 ck. 2313 COA/GACC Parade (3,000.00) 23,800.00 ck. 2318 PO 17848 - golf tournament (3,000.00) 20,800.00 $3,496.60 draft Orignial Issue Sales Tax Bonds ($7,798.75) ck. 2320 PO 18146 GACC - July 4th fireworks (7,500.00) 13,300.00 6941 Other Capital Expentures land purchase (wire transfer) ($2,757,904.00) $2,823,136.00 $65,232.00 draft underwriter fee ($34,733.35) ck. 2322 PO 18571 Municipal Voice (1,000.00) 12,300.00 draft Surety Bond ($17,180.71) ck. 2323PO18848MunicpalVoice ($1,000.00) 11,300.00 draft Cost of Issuance ($79,537.19) ck. 2324 PO 19064 Municipal Voice (11000.00) 10,300.00 wire fee (reimbursed) ($10.00) Paying Agent Fee ($750.00) refund on issuance cost -$5,513.07 6212 Postage CK 2314 P016997 JP Morgan Fed Ex $140,000.00 $75.00 (22.25) $52.75 ($Z757,914.00) $3,500.00 $450.00 6761 Dues, Publications, Permits ck. 2317 PO 17826 COA - Zoning Change application (3,050.00) ck. 2315 PO 17245 JP Morgan Fed Ex (20.75) $32.00 ck. 2315 PO 17245 JP Morgan Fed Ex (26.75) $5.25 $110.00 ck. 2322 PO 18508 JP Morgan USPS (1.19) ck. 2317 PO 17627 COA - plat application (340.00) 6753 Legal ck. 2311 w, t, m 24,500.00 (445.50) $11,000.00 $10,554.50 ck. 2322 CCR riling 98.00 6755 Audit PO 172771afallott (990) (70.94) $3,000.00 $3,000.00 (3,488.00) $0.00 6799 Other Services (Parks Sup. Salary) ck.2315 PO 17156 Cost Share Personnel 1st quarter (15,000.00) $90,000.00 $75,000.00 ck. 2314 PO 16995 w, t, m (665.70) $9,88a.ao ck. 2318 PO 17960 99 ($790.00) $2,210.00 ck. 2315 PO 17240 (962.50) $8,926.30 ck. 2316 PO 17480 W, T, M jan legal (448.57) $8,477.73 ck.2315 PO 17156 Cost Share Personnel 1st quarter (51000.00) $70,000.00 ck. 2317 PO 17721 W, T, M (1,717.57) $6,760.16 ck.2315 PO 17157 Cost Share Personnel2nd quarter (15,000.00) $55,000.00 ck. 2318 PO 17948 W, T, M March and April (4,451.64) $2,308.52 ck.2315 PO 17157 Cost Share Personnel 2nd quarter (51000.00) $50,000.00 ck. 2320 PO 18166 W, T, MMay legal (354.07) $1,954.45 ck. 2320 PO 18131 Cost Share Personnel3rd qt. Parks (15,000.00) $35,000.00 790.00 ck. 2322 PO 18645 Legal (1,248.14)1 $706.31 ck. 2320 PO 18131 Cost Share Personnel 3rd qt. Parks ($5,000.00) $30,000.00 3,101,294.30 ck. 2323 PO 18953 Legal (1,156.71) -$450.40 ck. 2322 PO 18505 Cost Share Personnel4th qt. Parks ($22,500.00) $7,500.00 ck. 2324 PO 19062legal (227.05) -$677.45 ck. 2322 PO 18504 Cost Share Personnel 1-3qt. CORREC $7,500.00 $0.00 $90,000.00 11,677.45