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HomeMy WebLinkAboutRes 2014-12-04 - EDC to procure Professional Services for Strategic ED Planning.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-12-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT CORPORATION TO PROCURE PROFESSIONAL SERVICES FOR STRATEGIC ECONOMIC DEVELOPMENT PLANNING AND MARKETING WHEREAS, the City of Anna City Council intends to allow the Anna Economic Development Corporation (the "EDC") to procure the professional consulting services of David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty for strategic economic development planning and marketing; and WHEREAS, the City of Anna City Council has found and determined that the expenditure for the above -referenced services 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 CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Expenditure The City of Anna City Council hereby authorizes the EDC's Board of Directors, subject to approval of the form and content by the EDC's legal counsel, a contract with David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty for professional consulting services not to exceed $36,500 without further approval, said authority to include execution of all necessary documents to consummate the business relationship with said consultant. PASSED AND APPROVED by the City Council of the City of Anna this 9th day of December, 2014 APPROVED: ATTEST: Mike Crist, Mayor ,"""""`Nab �a Wilkison, City Secretary OF `) RES. 2014-12-04 Consulting Agrmt for Tech P�r� 7`�° �f°`�j P(#�,E 1 OF 1 12-09-14 trFe�t!!dd' 11111.%.0 \� PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES STATE OF TEXAS § COUNTY OF COLLIN § This Professional Services Agreement for Site Evaluation Consulting Services (this "Agreement") by and between Anna Economic Development Corporation, a Texas Type A development corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "AEDC" and David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty with its principal office at 9535 Forest Ln Ste 206, Dallas, TX 75243, hereinafter referred to as "CONSULTANT". CONSULTANT will involve the services of Richard A. Ferrara, AIA, an individual and Kimley Horn and Associates, Inc. a North Carolina corporation, d/b/a Kimley Horn, hereinafter individually or collectively referred to as "SUB -CONSULTANTS". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 ENGAGEMENT OF CONSULTANT AEDC 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, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. Said obligations and the professional services to be rendered under this Agreement are in connection with the following described project (referenced herein as the "Project"): Initial discovery and preliminary due diligence in the form of an evaluation study to assist the AEDC with selecting a location for the creation of a new technology business park, said services being described with more particularity in Article 2 of this Agreement. ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services within the description of the "Project" as set forth in Article I. B. The scope of services shall further include all services set forth in a 17 -page document titled "Business Technology Park Proposal for Site Evaluation Services" dated October 17, 2014 a copy of which is attached to this Agreement as Exhibit A. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 1 of 9 ARTICLE 3 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 AEDC; and (3) the City of Anna, Texas City Council has duly approved of AEDC 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 AEDC. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) established by AEDC, acting through its Project designee, who shall be its Chief Administrative Officer ("CAO") unless otherwise designated in writing by AEDC. ARTICLE 5 COMPENSATION AEDC shall compensate CONSULTANT in the total not -to -exceed amount of $36,500 for all services rendered that are described under Article 2; to be paid within thirty (30) days of delivery to AEDC of an invoice certifying completion of said services; provided, however, that AEDC shall not be obligated to make any payment unless and until all of the services described under Article 2 have been fully and satisfactorily performed by CONSULTANT. Payment of the compensation due under this Agreement shall be in the form of a check made payable to "Funderburgh Realty" and said compensation may be divided amongst CONSULTANT and SUB -CONSULTANTS as determined by CONSULTANT. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to AEDC any defects or deficiencies in the work of CONSULTANT or any partners, affiliates, subcontractors, or subconsultants that perform any work in connection with the Project. ARTICLE 7 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 AEDC upon the termination of this Agreement. CONSULTANT and the SUB -CONSULTANTS will be 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 AEDC's use of these documents in other projects shall be at AEDC's sole risk and expense. In the event AEDC uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 2 of 9 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 AEDC as an independent contractor, not as an employee of the AEDC. CONSULTANT is not employed by the AEDC and shall not have or claim any right that would arise from employee status. AEDC 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 AUDITS AND INSPECTION AEDC shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and two years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved; provided that such period shall not exceed five years after the end of the contract period. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall, to the best of CONSULTANT'S ability, also require all subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow AEDC similar access to those documents. All books and records will be made available electronically or within a 50 mile radius of the City of Anna. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in AFDC's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include electronic files, even if such electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, defend, and save and hold harmless AEDC and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the AEDC, that 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 CONSULTANT or the CONSULTANT'S agent, another consultant under contract over which the CONSULTANT exercises control, or another entity over which the CONSULTANT exercises control. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 3 of 9 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. B. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. C. CONSULTANT shall furnish insurance certificates or insurance policies at AEDC's request to evidence such coverages. The insurance policies shall name AEDC as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to AEDC and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 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 prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to AEDC within 30 days after the date of termination. AFDC shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should AEDC subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information obtained by CONSULTANT up to the time of termination. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to AEDC on or before the date of termination, but may maintain copies of such documents for its use. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 4 of 9 ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the AEDC 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 AEDC 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: Funderburgh Realty 9535 Forest Ln Ste 206, Dallas, Texas 75243 To AFDC: Constance Stump AEDC President 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 205 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. 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, PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 5 of 9 negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY 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 AFDC. CONSULTANT shall inform AEDC of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. 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 PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 6 of 9 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 AEDC. 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 — Business Technology Park Proposal for Site Evaluation Services (17 pages) B. CONSULTANT agrees that AEDC shall, until the expiration of two years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that AEDC shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. AEDC shall give CONSULTANT reasonable advance notice of intended audits. 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 David Funderburgh and the SUB -CONSULTANTS. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. 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 PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 7 of 9 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 AEDC. F. AEDC 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 AEDC'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by AEDC or as may be compelled under court order. Any disclosure of privileged or confidential information by AEDC to CONSULTANT is in furtherance of AEDC'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. ANNA ECONOMIC DEVELOPMENT CORPORATION By: , its President Date of execution: ATTEST: AEDC Secretary CONSULTANT: David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Reality By: - David D. F der- gh, its President Date of execution: /'y l PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 8 of 9 WITNESS (title) PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 9 of 9 THE CITY OF NA(� 1,WZ fdPk fjV3,HP64,:Tf�J'-9 Y�OURJ HOME' BUSINESS TECHNOLOGY PARK PROPOSAL for SITE EVALUATION SERVICES October, 2014 Richard A. Ferrara, AIA, Architect Emeritus �J C31 October 17, 2014 City of Anna Economic Development Corporation c/o Jessica Perkins, Assistant to the City Manager CITY OF ANNA, TEXAS 101 N. Powell Parkway Anna, Texas 75409-0776 Re: Proposal for Business Technology Park Evaluation Services Anna, Texas Dear Jessica, Thank you for the opportunity to assist the City of Anna as you contemplate the development of a business technology park. Our team appreciates you and your associates making the time to visit with us and, as requested, we are pleased to present for your consideration this proposal for consulting services. THE ECONOMIC CHALLENGE The City of Anna website states your Strategic Vision as: ANNA IS OUR HOMETOWN. In order to protect and promote our community vision, we will implement policies that: • Promote the development of a full service community • Encourage small business development • Foster an environment that encourages multi -generational living • Exercise responsible stewardship over natural resources, and promote sustainable development • Promote a strong sense of community pride • Facilitate access to state-of-the-art technology • Support the growth of a high quality education system • Enhance the safety and security of our citizens Consistent with achieving these goals, the City of Anna Economic Development Corporation ("AEDC") has further identified the need in the community to provide strategies to: • Better equalize the balance between the residential ad valorem tax base and the commercial ad valorem tax base. o Provide high quality commercial facilities to attract new business ventures. EP) C73 ® Provide alternative physical expansion spaces to incubate, support and encourage the growth of existing businesses in Anna. In response to these challenges, the AEDC has envisioned the creation of a new business technology park. We are pleased to be considered to provide initial discovery and preliminary due diligence in the form of an evaluation study to assist the AEDC with your deliberations. We propose to involve the following individuals. Each of these seasoned professionals has experience in numerous commercial real estate ventures and, specifically, the evolution, planning and execution of similar business technology parks. We believe that we can assist the AEDC in making their vision in to reality. David Funderburgh David is an experienced commercial real estate consultant and broker. He has provided advisory services for almost twenty years through Funderburgh Realty. Prior to establishing his own company David was associated for over ten years as Vice President and Portfolio Manager with the commercial real estate division of First Gibraltar Bank, FSB and its successor institutions. David's unique background in finance and as a commercial Broker is further complemented by his also being a licensed Architect. His broad, practical real estate and construction expertise will be useful to this study and assure that market considerations and economic issues will also be addressed. David has previously worked with several economic development corporations in the North Central Texas area in solving land acquisition and building related assignments. Richard A. Ferrara, AIA, Architect Emeritus Richard has over forty years of experience in providing architectural, land planning and zoning related services. He has planned and designed numerous large scale mixed use developments. In addition, he has been involved with the creation of thousands of acres of business technology parks including the acclaimed Rockwall Tech Park and the city of Allen's Millennium Park I & II Corporate Center. He has also been the lead Architect for FcJ Cr3 several million square feet of buildings. Richard will essentially be the creative director providing analysis of the property influences and suggesting layouts to harmonize with features of the land / surrounding environment. Devin,D. King, P.E. & Roy L. Wilshire, P.E. LEED AP Kimley-Horn and Associates, Inc. Devin and Roy bring the civil engineering resources of Kimley-Horn to the project. Kimley-Horn is a multi -disciplinary engineering consulting firm offering services to a wide range of public and private interests. They have significant experience with business campuses / tech park requirements and are providing civil engineering services for the Anna Town Center currently being developed by Chief Partners. They have an on-going relationship with the City of Anna public works services and will be furnishing due diligence research and analyses for the study. IDENTIFICATION of the TARGET PROPERTIES The AEDC has identified the following four properties to be the subjects for our study: Ec_) 03 Property No. 1. Property Owner: Skorburg Company Property Owner of Record: Anna Town Center #4\Shrp Ltd Two Turtle Creek Village Approximately 115 gross acres. Estimated 70-75 acres net of DART rail line, S.H. 5 ROW and gas line easement. Property No. 2 Property Owner: Anna Ranch 157 LLC Partnership Approximately 151.53 acres. Property No. 3 Property Owner: Aycock R & D, Ltd. Approximately 142.332 acres. Property No. 4 Property Owner: Harlan Properties, Inc. Approximately 246.815 acres SCOPE OF SERVICES All real estate is unique for each tract studied. We will utilize our combined experiences in evaluating the individual characteristics of each property selected. Our analysis will incorporate the positive attributes as well as the negative issues that influence desirability and impact the acquisition value for each opportunity. Lastly, we will weigh timing concerns as to the economic maturity of the surrounding environment. Our approach will be systematic. We will hope to ultimately accumulate sufficient information about the properties to enable the AEDC to make informed decisions. �Z) 03 ®a Land Ownership We will retain a property title insurance company to produce preliminary title information about the selected sites. Through this process we will review the publically available issues relative to the selected parcels for concerns such as easements, retained or perpetual property rights and investigate potential encumbrances. ee Governmental Processes 8 When available, we intend to research and consider the following: • Building codes and Building Permit related fees • Platting issues/status/process • Zoning restrictions and processes • Architectural/deed controls (if known) • Landscape ordinances • Roadway / Utility Impact Fees • ROW dedication or pending ROW • Utility easement requirements ®�+ Transportation / Vehicular Issues Again, when available, we intend to research and consider the following: • Physical characteristics of • Potential traffic flow issues and bordering land parcels traffic controls • Future thoroughfares or anticipated • Future roadway/drainage plans construction funding or construction • Driveway, Deceleration Lane, • Rights/obligations related to Median or boulevard openings properties in the vicinity • TxDot and City regulations • Visibility / signage concerns ®8+ Boundaries & Easements We will note any apparent encroachments or protrusions that we discover on the properties. Also, on the basis of our investigation, we will comment on any title impediments such as boundary concerns, recorded easement documents or jurisdictional constraints. �)') 03 • Potential Nuisances, Hazards or Floodplain Matters We will physically visit the parcels to observe any adverse land uses that might affect the subject parcels. We will note any observable issues such as wet lands, landfill activity, sewage treatment, power generation substations/transmission lines or other possibly objectionable items. We will identify any regulatory FEMA floodplain that may appear to exist on the selected sites, per the available FEMA maps, and comment on the watershed characteristics in the area. -:® Topography, Grading and Drainage Conditions On the basis of readily available existing topographic maps together with our on-site observations we will comment on the significance of the current topography and the potential developmental costs associated with existing ponds, lakes and/or views from the sites. Any general observations will be reported regarding soils or geology, predominate soil types, need of geotechnical reports, groundwater or percolation testing. We will also form a conceptual opinion as to the likelihood of requiring imported fill material from off site locations and whether or not municipal assistance might be available for participation in potential drainage improvements to the area. Lastly, we will conceptually review the necessity for on-site detention facilities, based on the current City drainage criteria and existing surrounding infrastructure. Utilities We will identify the current capacity of the existing utilities, based on maps and plans provided to us by City staff, any proposed utility expansions / relocations and the telecommunication facilities serving the area. We will also identify the various service providers and provide our opinion as to the need for off-site utility extensions to serve the subject parcels, based on timely responses received by local utility service providers identified. E0 03 Illustrative Site Plans The results of our analyses and overview will be developed in to a conceptual site plan for each property including the following: 0 Recommended general layout i Points of entry a Vehicular circulation patterns a Developmental phasing Suggested water features Land Valuation 0 Landscape massing o Defining signage locations a Vision corridors a Division of the various user parcels ® Bicycle/pedestrian trails Lastly, we will research comparable land sales and provide an opinion of market value for the various subject parcels. This should assist the AEDC in determining the economic viability of the selected sites as well as form the initial basis for acquisition negotiation. 10 03 Production Ti,,.F Frame and Professional Service«:: We will provide the AEDC with a .pdf digital file and eight (8) bound copies of our study findings. We will transmit copies of our completed study to you and then meet with you and your Board one time in a work session environment to review our conclusions and respond to any questions. We would intend to complete this study in approximately five (5) weeks subsequent to the execution of this proposal letter, at which time our fees would be earned and payable. We propose to complete the proposed scope of services for the four (4) sites for a not to exceed fee of $36,500.00 to be paid within fifteen (15) days of delivery of our invoice certifying completion of our services. If we are able to expeditiously obtain our due diligence information from the city staff and related utility servicers we will pass those savings along to the AEDC. Ec3 U3 4o Disclosure of No Interest Funderburgh Realty, Richard A. Ferrara, AIA, Architect Emeritus and Kimley-Horn and Associates, Inc. certify that we have no undisclosed interest in any real property located in Anna, Texas that is the subject of this report and that our engagement and compensation for this study will not be contingent upon the results of our analysis. This is a very exciting opportunity and we are confident that we can assist the AEDC in a variety of dimensions. If the foregoing meets with your approval, please indicate your acceptance by executing this letter in the space provided below and returning the original to our offices at your earliest convenience. We are grateful for the opportunity to be considered to serve the AEDC and the citizens of the City of Anna in the preparation of this study. Very truly yours, David D. F . derb FUNDERBURGH REALTY CORPORATION ACCEPTED AND APPROVED: City of Anna Economic Development Corporation Jessica Perkins, Assistant to the City Manager and ED Director Date E4-1) C^Z DAVID D. FUNDERBURGH 9535 FOREST LANE, SUITE 206 DALLAS, TEXAS 75243 • ( 972 ) 23 1 - 1 000 FRCIOOO@AOL.COM PROFESSIONAL EXPERIENC E FUNDERBURGH REALTY CORPORATION (1995 to Present) Providing commercial real estate brokerage, development, tenant/landlord representation and advisory services to the private, municipal and institutional investment communities. Offering diversified financial assistance in the evaluation of real estate assets for acquisition, market positioning and disposition. FGB REALTY ADVISORS, INC. FIRST NATIONWIDE BANK, FEDERAL SAVINGS BANK (Formerly FIRST GIBRALTAR BANK, FSB and FIRST MADISON BANK, FSB ) (1984 to 1995) VICE PRESIDENT, PORTFOLIO MANAGER. (1988 to 1995) Management of commercial real estate portfolios to promote near term profitability and ultimate disposition value of the assets. Responsible for the creation and implementation of financial objectives through the engagement / oversight of third party real estate professionals. Conducted multiple asset sale events including various seller retained loan facilities. Directed development of property rehabilitations as an adjunct to value enhancement programs. Experienced in federal contracting functions as well as private interests. Portfolio dimension extended to $130 Million in book value with multiple commercial properties and 2,900 multi -family units. VICE PRESIDENT. MANAGER, TEAM LEADER. (1984 to 1988) Administered a commercial real estate loan team portfolio ranging in book value to $350 Million. Maintained / monitored corporate financial goals while attempting to mitigate the risks inherent in major real estate lending and workouts. Independently performed numerous loan modification negotiations / closings together with extensive participation in legal document preparation. ARCHITECTURAL PRACTICE (1972 to 1984) Association with several leading Dallas area architectural firms. Principal responsibility for management of staff and coordination with external consultants as Project Architect / Project Manager with Hellmuth, Obata and Kassabaum, Inc. from 1980 through 1984. Accountable for project production, internal profit controls and ;delivery pursuant to schedule and economic criteria. �'c) C13 DAVID D. FUNDERBURGH EDUCATION UNIVERSITY OF TEXAS, ARLINGTON, SCHOOL OF ARCHITECTURE. B.S. ARCHITECTURE. Honor Roll eightterms. Continuing Education / Seminars: Fundamentals of Finance & Accounting for the Non -Finance Executive; BOMA Risk Management for Office Buildings; Bursars Construction Lending; Construction Law; and numerous real estate classes. A F F I L I A T I O N S TEXAS REAL ESTATE BROKER LICENSE NO. 0455931 (CORPORATE). TEXAS REAL ESTATE BROKER LICENSE No. 0408444 (INDIVIDUAL). Architectural Registration (Inactive) : TEXAS LICENSE No. 7501. TRUSTEE, LAKE HIGHLANDS UNITED METHODIST CHURCH REFERENCES References ~Pill be provided upon request. 1<113 C113 Richard A. Ferrara, A.I.A. Architect Emeritus Formerly President of RFA, Inc. PROFESSIONAL EXPERIENCE: Richard has over forty years of experience providing architectural, land planning and zoning services. He established Richard Ferrara Architect, Inc. in Richardson in 1971 which, in it's thirty year history, designed buildings ranging from small restaurants to a million square foot plus corporate campus. Additionally, Richard has planned numerous large scale mixed use developments such as the six Nortel buildings in Greenway Park as well as the master development plan for Greenway. Among the largest master plans creased by RFA, Inc. was the one for Twin Creeks in Allen, which is approximately 2,100 acres. Richard serves on a multitude of civic and municipal boards and committees, donating countless hours assisting these organizations in implementing current activities and planning for the fixture. Richard has been presented numerous recognitions for both his architectural and civic work that includes: ➢ Inclusion in the "Leadership Grove" at Richardson Civic Center ➢ National Excellence Award for the Nortel Corporate Campus, Richardson, TX ➢ Recognition for Outstanding Contributions to Architecture by the University of Houston ➢ Recognition by the City of Garland for his years of active community involvement ➢ Richardson Chamber of Commerce 2006 Citizen of the Year Richard maintained an active role in all phases of projects in which his firm was involved. EDUCATION: Bachelor of Science in Architecture, University of Houston, 1960 PROFESSIONAL ACCREDITATIONS: National Council of Architectural Registration Boards State of Texas PRIOR REGISTRATIONS: State of Louisiana State of Oklahoma Commonwealth of Virginia PROFESSIONAL AFFILIATIONS: Urban Land Institute* American Planning Association" American Institute of Architects* Texas Society of Architects c13 Dallas AIA Construction Specifications Institute International Conference of Building Officials Southern Building code Congress International CIVIC INVOLVEMENT: Richardson: Member of the Richardson Planning Commission Brokers & Developers Committee at the Richardson Chamber of Commerce Richardson Wildflower Festival Steering Committee Chairman of the Billye Meyer 2001 Charity Golf Tournament Breckenridge Area Standards Committee Richardson YMCA Advisory Board Baylor -Richardson Hospital Foundation Board Baylor -Richardson Hospital Gala Committee Richardson Regional Medical Center — Wildride Bike Rally Leadership Richardson Class XIV Richardson Citizen Fire Academy McKinney: McKinney Economic Development Committee Garland: Zoning Ordinance Revision Committee North Area Planning Committee North Area Implementation Committee S.H. 190 Standard Committee Central Area Plan Committee, Chairman Single Family Development Standards Committee Garland Chamber of Commerce Dallas: FBI Citizens Academy Class One, 2010 Goals for Dallas Committee Dallas Real Estate Council Collin County:Inside Collin County Business Advisory Committee Allen: Allen Chamber of Commerce *Indicates current affiliations as of January, 2014 tr) 03 Professional Credentials ■ Master of Science, Civil Engineering, Texas A&M University ■ Bachelor of Science, Civil Engineering, Texas A&M University ® Professional Engineer in Texas ■ Texas A&M University Civil Engineering Distinguished Graduate Award Winner, 2013 Ray Wilshire, P.E., LEED AP Roy provides technical and managerial expertise for a wide range of Kimley- Horn's planning, engineering, and surveying projects. With more than 50 years of experience, both as a city traffic engineer and as a consultant, Roy works with public and private clients on major transportation and land development projects. His experience encompasses the full spectrum of transportation and civil engineering services from pre -design planning to design, construction, and operations. Roy is viewed as a leader in corporate campus design by many of his clients in the North Texas area. Relevant Experience ■ State Farm Regional Headquarters — Richardson, TX i Raytheon Headquarters — Richardson, TX ■ Encana Oil Regional Headquarters — Plano, TX ■ Children's Medical Center Legacy Campus — Plano, TX ■ Arts of Collin County Center and Museum Site Selection — Allen and Frisco, TX ■ Vaquero Development —Westlake, TX ■ Craig Ranch — McKinney, TX ■ Granite 190 — Richardson, TX ■ Cityplace — Dallas, TX ■ Exxon Headquarters — Irving, TX ■ JCPenney Company Headquarters — Plano, TX ® Palisades West — Richardson, TX ■ Galatyn Park — Richardson, TX ■ AMX Headquarters — Richardson, TX ■ Blue Cross / Blue Shield of Texas — Richardson, TX ■ Dallas Logistics Hubs — Dallas, TX ® EDS Legacy Development — Plano, TX ® Exposition Mills Factory Stores — Denton, TX ® Legacy Town Center— Plano, TX ■ Grapevine Mills Mall — Grapevine, TX ® Gates of Prosper — Prosper, TX ■ McKinney Ranch — McKinney, TX ® Elm Fork Ranch — Carrollton, TX ■ Frisco Bridges — Frisco, TX ® Midtown Park — Dallas, TX ® The Tribute — The Colony, TX • Advanced Neuromodulation Systems (ANS) Headquarters — Plano, TX ■ Cypress Waters — Dallas, TX ■ Rayzor Ranch — Denton, TX r Professional Credentials • Bachelor of Science, Civil Engineering, Oklahoma State University, 2006 • Professional Engineer in Texas and Oklahoma [Nri, � Ing, � e Devin King, P.E. Devin joined Kimley-Horn in 2006 and provides a full range of civil engineering on land development projects. He has more than eight years of project experience for commercial, industrial, and retail developments managing projects from inception through completion, many of which have accelerated schedules and multiple variables that present a unique set of challenges. Devin has worked on projects from the initial feasibility and site planning stage – through assistance with zoning, platting, entitlements, and site design – culminating with completion of construction documents to support proposed and future development. Task accomplishments include preparing feasibility studies, achieving zoning and entitlement approvals, performing cost estimates, site planning and design, and project management. Relevant Experience • Autumn Leaves Memory Care Facilities — Dallas, TX and Edmond, OK • Gold's Gym - Yukon, OK, Cedar Park, TX, and Town and County, MO • Baylor Medical Center of Irving — Irving, TX ■ Omnicom Parking Expansion — Irving, TX ■ Custer & Parker Shopping Center — Plano, TX ■ PCA Clinic — Royse City, TX ■ LISD High School Offsite Sewer Extension — Lewisville, TX • Wichita Falls Pedestrian & Bike Trail — Wichita Falls, TX ■ Bell Helicopter, Various Projects — Fort Worth, TX ■ Erickson Retirement Community, Highland Springs Campus — Dallas, TX ■ Comerica Bank —10+ Locations in the Dallas/Fort Worth Metroplex ■ Reliant Rehabilitation Hospital — Richardson, TX ■ Rayzor Ranch Town Center — Denton, TX ■ Granite 190 Office Park and Parking Lot Expansion — Richardson, TX ■ Magic Valley O&M Facility — Raymondville, TX ■ Jean's Creek FEMA Flood Study — McKinney, TX • RaceTrac — Frisco, TX • B&B Theatres — Wylie, TX • Children's Medical Center — Plano, TX ■ Village at Camp Bowie – Fort Worth, TX ■ 8600 Harry Hines Parking Improvements — Dallas, TX ■ Austin Ranch Irrigation Main — The Colony, TX ■ Bone Daddy's — Plano, TX • Cypress Waters — Dallas, TX ■ Whirlpool Regional Distribution Center —Wilmer, TX • KinderCare — 3 Locations in Dallas/Fort Worth Metroplex • Conway MOB and Hospital — Conway, AR Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. TO • • •• • .•` efore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyers agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant Date Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512.465-3960. EOV/u.NOVDINO OtIORTUNITY 01A TREC No. OP -K