Loading...
HomeMy WebLinkAbout2019-07-09 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, July 9, 2019 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on July 9, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, 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 July 5, 2019. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting 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. AGENDA THE CITY OF Regular City Council Meeting Anna Tuesday, July 9, 2019 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on July 9, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for June 25, 2019. (Carrie Smith) b. Review minutes of the June 3, 2019 Planning and Zoning Meeting. (Maurice Schwanke) c. Approve a Resolution approving the Altice/Suddenlink Addition Final Plat. (Maurice Schwanke) d. Approve a Resolution approving the Custis Estates Development Plat. (Maurice Schwanke) e. Approve a Resolution approving the Turbyfill Addition Final Plat. (Maurice Schwanke) f. Approve a Resolution approving the Wal-mart Anna Addition Block A, Lots 2R and 3R Replat of Block A, Lots 2 and 3.(Maurice Schwanke) g. Approve Resolution Authorizing the City Manager to Execute a Statement of Work and Subscription Agreement with Dude Solutions, Inc. for SmartGov Professional Services for Permitting, Inspections, Planning/Zoning, Business Licensing and Code Enforcement and Related Software. (Ashley Stathatos) 6. A) Conduct a public hearing to consider public comments regarding a request by Brian Bischoff, the owner of the property. The property is currently zoned as a Commercial Planned Development. The applicant requests to replace the existing Zoning with a revised Commercial Planned Development that will allow for a canopy for individuals who are processing orders at a restaurant drive-thru. The structure will be within the Front Building Setback. The section of property is located on the Northeast corner of Highway 75 and White St (FM 455). B) Consider/Discuss/Action approving a request by the applicant and owners of the property to replace the existing zoning with a revised, Planned Development zoning. (Maurice Schwanke) 7. Approve a Resolution approving a site and landscape plan for Chick-fil-A ocated at Block A, Lot 4 of the Wal-mart Anna Addition. (Maurice Schwanke) 8. Consider/Discuss/Action Ordinance Amending the FY 2018.2019 Budget for Development Services Positions and Software for Planning, Permits, Inspections and Code Enforcement. (Ashley Stathatos) 9. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 10. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 11. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, 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 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting 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. THE CITY OF Anna AGENDA ITEM: Approve Council Meeting Minutes for June 25, 2019. (Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Item No. 5.a. City Council Agenda Staff Report Meeting Date: 7/9/2019 Upload Date Type 7/3/2019 Exhibit 7/3/2019 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION June 25, 2019 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Member's Tutson and Reeves were absent. 2. Administer Oath of Office to newly elected Council Member Josh Vollmer. (City Secretary) 3. Consider/Discuss/Action on appointment of a Mayor Pro-Tem. (City Council) MOTION: Council Member Beazley moved to nominate Lee Miller as Mayor Pro Tem. Council Member Bryan seconded. Motion carried 4-1 Council Member Miller abstained. 4. Consider/Discuss/Action on appointing a Deputy Mayor Pro-Tem. (City Council) MOTION: Council Member Bryan moved to nominate John Beazley. Council Member Miller seconded. Motion carried 4-1 Council Member Beazley abstained. 5. Presentation by Dude Solutions for Smart Gov Professional Services related to permitting, inspections, planning, zoning and business licensing software. (Ashley Stathatos) Vendor gave a presentation and answered Council's questions. 6. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commissions MOTION: Council Member Bryan moved to enter closed session. Council Member Beazley seconded. Motion carried 5-0. Mayor Pike recessed the meeting. Mayor Pike reconvened the meeting at 7:43 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 8. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:44 p.m. Approved on the July 9, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION June 25, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:44 p.m. Council Member Reeves was absent. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Recognize Lt. Pete Copin for Service as Acting Police Chief (Jim Proce) Mayor Pike recognized out -going Council Member Alonzo Tutson for his service. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for June 11, 2019. (Carrie Smith) b. Approving a Resolution Agreement for Services with National Sign Plazas, Inc. (Ryan Henderson) The agreement for services with National Sign Plazas, Inc. is a five year renewal agreement where the City will remain in permitting National Sign Plaza the ability to host directional signs within the City right-of-way. The Contractor, National Sign Plaza, is directly responsible for the administration of the Sign Plaza Program and responsible for contracting with developers and/or homebuilders for the lease of sign panels subject to the City's approval. Contractor will collect, and remit to the City, an administrative fee of $10.00 per panel per month. Fees will be remitted within sixty (60) days of the end of each fiscal quarter. The topper panel seen today will be replaced with the replica of the logo of the City of Anna found on the water tower. I n addition to the new topper panel, the City will also be seeking to incorporate wayfinding signage, for City facilities, as identified as a deliverable within the City of Anna Strategic Plan. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AGREEMENT FOR SERVICES WITH NATIONAL SIGN PLAZAS, INC. AND THE CITY OF ANNA MOTION: Council Member Beazley moved to approve consent items a and b. Council Member Bryan seconded. Motion carried 6-0. c. Approving a Resolution for a Marketing Agreement with Utility Service Partners Private Label, Inc. (Jim Proce) At the February 26, 2019, City Council Work Session, the City Manager presented to the City Council the National League of Cities (NLC) Service Line Warranty Program administered by Utility Service Partners Private Label, I nc. The NLC Service Line Warranty Program provides an optional, proactive solution to a problem that is bound to strike our neighbors at some point in time. When private service lines break or leak, many homeowners call the city first and are often surprised and frustrated to learn that the city can't help. Educational marketing about homeowners' responsibility for service lines is a key component of the program. This program provides affordable repair plans backed by vetted, local -area contractors, keeping dollars in the local economy. At no cost to the city, the program offers affordable protection for in -home plumbing and external water and sewer lines that will cover the cost of repairing leaks, breaks and clogs. The program features generous coverage amounts, and there is never a service fee or deductible. There are no annual or lifetime limits. The Marketing Agreement before the Council grants Utility Services Partners Private Label, Inc. a non-exclusive license to use, only during the term of the agreement, the City's name and logo on letterhead, bills, and marketing materials to be sent to residential property owner regarding the NLC Service Line Warranty Program. The cost for the materials will solely be on Utility Services Partners and will be subject to the City's prior review and approval. The term of the agreement shall be for three years from the effective date. The agreement will automatically renew for an additional one-year term unless one of the parties give the other written notice at least ninety days prior to the end of the term. As a consideration for such license, Utility Service Partners will pay to the City a license fee set forth in Exhibit A of the agreement. The City Attorney has reviewed all of the agreement terms and has approved them for execution. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. AND THE CITY OF ANNA MOTION: Council Member Beazley moved to approve consent Item c. Council Member Bryan seconded. Motion carried 6-0. 6. Consider/Discuss/Action on an Ordinance adopting and enacting a new Code of Ordinances. (Carrie Smith) City staff has been working with Franklin Legal Publishing since January 2018 to complete the recodification of all City Ordinances, including comprehensive editorial and legal reviews performed by licensed attorneys specializing in municipal law. Franklin Legal reviewed, edited and consolidated City legislation and organized it into a user-friendly Code of Ordinances. They have analyzed, dissected and questioned every word in the Code. They have corrected inconsistencies, duplications, and conflicts with state law. Once adopted the Code of Ordinances will be accessible online 24/7 from any computer, tablet or other mobile devises. The Code will be searchable and make research anywhere, anytime easier. Supplements will be submitted annually to update the Code with new Ordinances adopted throughout the year. City Staff and City Attorney have reviewed the Code. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF NOT EXCEEDING $500 GENERALLY OR EXCEEDING $2,000 FOR VIOLATIONS RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION OR EXCEEDING $4,000 FOR VIOLATIONS RELATING TO DUMPING OF REFUSE; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 6-0. 7. Consider/Discuss/Act on Appointment of EDC Members (Interview Committee) ECONOMIC DEVELOPMENT CORPORATION RESPONSIBILITIES The Economic Development Corporation is a seven member Board whose responsibilities include: identifying and funding opportunities to expand the city's business tax base and promote job growth within the community. MEETINGS Unless otherwise posted, the Board meets at 6:30 p.m. on the first Thursday of each month at the City Hall Administration Building, 111 North Powell Pkwy, Anna, Texas. The terms for Places 1, 3, 5 and 7 on the Anna Economic Development Corporation Board of Directors are expiring and Place 6 is vacant. The members of the Interview Committee nominated the following: Place 1 -Anthony Richardson Place 3 — Doris Pierce Place 5 - Stan Carver Place 6 — Raul Hernandez —'/z Term Place 7 — Michelle Hawkins MOTION Council Member Toten moved to approve the nominations. Council Member Bryan seconded. Motion carried 6-0. 8. Consider/Discuss/Act on Appointment of CDC Members (Interview Committee) COMMUNITY DEVELOPMENT CORPORATION RESPONSIBILITIES The Community Development Corporation is a seven member Board whose responsibilities include: identifying and funding community facilities and related projects to maintain and enhance the quality of life in Anna; and working with the Economic Development Corporation on efforts to expand the city's business tax base and promote job growth within the community. MEETINGS Unless otherwise posted, the Board meets at 6:30 p.m. on the first Thursday of each month at the City Hall Administration Building, 111 North Powell Pkwy, Anna, Texas. The terms for Places 1, 3, 5 and 7 on the Anna Community Development Board of Directors are expiring and Place 6 is vacant. The members of the Interview Committee nominated the following: Place 1 -Anthony Richardson Place 3 — Doris Pierce Place 5 - Stan Carver Place 6 — Raul Hernandez —'/z Term Place 7 — Michelle Hawkins MOTION: Council Member Beazley moved to approve the nominations. Council Member Bryan seconded. Motion carried 6-0. 9. Consider/Discuss/Act on Appointment of Planning and Zoning Commission Members (Interview Committee) PLANNING AND ZONING COMMISSION RESPONSIBILITIES The Planning and Zoning Commission is a seven member Board that reviews and considers submitted site plans and plats, makes recommendations to the City Council on Zoning Ordinance amendments, Comprehensive Plan amendments, Specific Use permits and re -zoning requests. MEETINGS Unless otherwise posted, the Board meets at 7 p.m. on the first Monday of each month at the City Hall Administration Building, 111 North Powell Pkwy, Anna, Texas. The terms for Places 1, 3, 5 and 7 on the Planning and Zoning Commission are expiring. The members of the Interview Committee nominated the following: Place 1 — Daniel Moody Place 3 - Wayne Barton Place 5 —Alonzo Tutson Place 7 - Danny Ussery MOTION: Council Member Beazley moved to approve the nominations. Council Member Bryan seconded. Motion carried 6-0. 10. Consider/Discuss/Act on Appointment of Parks Advisory Board Members (Interview Committee) PARKS ADVISORY BOARD RESPONSIBILITIES The Parks Advisory Board is a seven member Board that advises the City Council on park related matters. MEETINGS Unless otherwise posted, the Board meets at 7 p.m. on the third Monday of each month at the City Hall Administration Building, 111 North Powell Pkwy, Anna, Texas. The terms for Places 1, 3, 5 and 7 on the Parks Advisory Board are expiring and Place 4 is vacant. The members of the Interview Committee nominated the following: Place 1 Danna Ward Place 3 Eldon Baker Place 4 Joe Crowder -'/2 Term Place 5 Jon Hendricks Place 7 Andy Michrina MOTI ON: Mayor Pike moved to approve the nominations. Council Member Toten seconded. Motion carried 6-0. 11. Consider/Discuss/Act on Appointment of the Board of Adjustments Members (Interview Committee) BOARD OF ADJUSTMENT RESPONSIBILITIES The Board of Adjustment hears and determines appeals of administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the City Council or law. MEETINGS The BOA meets as needed to hear an appeal request. The meetings of the BOA are generally held at the City Hall Administration Building, 111 North Powell Pkwy, Anna, Texas. The terms for Places 1, 3, 5 and Alternate 1 on the Board of Adjustment are expiring. The members of the Interview Committee nominated the following: Place 1 - Jon Hendricks Place 3 — Nick Rubits Place 5 — Tony Bellefond Alternate 1 — Sandy Setliff MOTION: Council Member Beazley moved to approve nominations. Mayor Pike seconded. Motion carried 6-0. 12. Discuss/Consider/Action on an Ordinance establishing criteria for approval of community sponsored, non-profit park and recreation functions. This ordinance is for when community organizations that are not affiliated with the city request use of city facilities and/or services for reduced rates or free of charge. • City Council approval is required for any functions of community organizations that will require the expenditure of public funds. • The City Manager may approve reduced rates and free use of facilities for the following organizations: Anna ISD, Anna PTA, Greater Anna Chamber of Commerce, Anna EDC and CDC, Anna Fire and Police Associations, Anna Area Historical Preservation Society, Anna Rotary, Anna Boy Scouts and Anna Girl Scouts. • The Parks Board may approve reduced rates and free use of facilities for any other community organizations. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II ( GENERAL ORDINANCES), ARTICLE 47 (CITY PARKS, RECREATION AND SPECIAL EVENTS)AND ADDING SECTION 5, (NON -CITY, COMMUNITY PARKS AND RECREATION FUNCTIONS); PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTI ON: Council Member Vollmer moved to approve. Council Member Beazley seconded. Motion carried 6-0. 13. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commissions None. 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 15. Adjourn. Mayor Pike adjourned the meeting at 8:24 p.m. Approved on the July 9, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 7/9/2019 Review minutes of the June 3, 2019 Planning and Zoning Meeting. (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Meeting Minutes Upload Date Type 7/3/2019 Exhibit MINUTES PLANNING AND ZONING COMMISSION June 3, 2019 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on June 3, 2019, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:07 pm. Members present were Sandy Setliff, Wayne Barton, Janine Johnson, Donald Henke, Leslie Voss, and Danny Ussery. Don Callaham was absent, Staff present was Maurice Schwanke, Alexis Vanderslice, and Ashley Stathatos. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Action on recommendation regarding the Daniel Rodriguez Development Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is generally located on the West side of County Road 479, South of County Road 429. The tract is in the Mark R. Roberts Survey, Abstract No. 742 and contains 6.794 acres of land. The owner is proposing to put a new home and shop on the property. A motion was made by Commissioner Henke, seconded by Commissioner Setliff to recommend approval of the development plat. The vote was unanimous. 4. A) Conduct a public hearing to consider public comments regarding a request by John Rattan, the owner of the property. The property is currently zoned Restricted Commercial (C-1) and Thoroughfare Overlay District (THOR). The applicant requests to replace the existing Zoning with a Commercial Planned Development. The section of property is located on the Southwest corner of White St (FM 455) and Ferguson Pkwy. The public hearing opened at 7:11 pm Mr. Schwanke gave a brief explanation of the changes proposed in the Planned Development and why the Staff supports the zoning change. He answered questions from the committee. Matt Cragun, the representative from Cumulus Design, spoke about why they requested the changes and stated that they are willing to work with the City with any concerns they may have. The public hearing closed at 7:14 pm. B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owners of the property to replace the existing zoning with a new, Planned Development zoning. After much discussion, a motion was made by Commissioner Barton to approve the masonry and driveway spacing changes as stated in the Planned Development and to approve the requested setback change as long as the construction of Chase Bank is completed on or before December 315t, 2020. If the construction is not complete and no time extension is granted, then the standard for the setback will revert back to the required 50 feet. This motion was seconded by Commissioner Voss. The vote was in favor of approval of the new Planned Development 5-1 with Commissioners Sediff, Barton, Johnson, Henke, and Voss voting yes and Commissioner Ussery voting no. 5. Consider action to approve minutes of the May 6, 2019 Planning and Zoning meeting. P & Z Minutes 06-03-19 Page 1 of 4 06-03-19 A motion was made by Commissioner Setliff, seconded by Commissioner Ussery to approve the May meeting minutes. The vote was unanimous. 6. Adjourn A motion was made by Commissioner Setliff, seconded by Commissioner Johnson to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:43 pm. Alonz6 Tutson Planning and Zoning Commission Chairman ATTEST Ai4� P & Z Minutes 06-03-19 Page 2 of 4 06-03-19 THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve a Resolution approving the Altice/SuddenlinkAddition Final Plat. (Maurice Schwanke) SUMMARY: The Altice/Suddenlink Addition Final Plat is located in the Granderson Stark Survey, Abstract No. 798. The plat contains approximately 0.936 acres covering a section of land at 921 South Powell Pkwy. The plat contains one lot. Additional comments regarding the site will be addressed at a later date with the Site and Landscape Plan such as required paved parking/fire protection. STAFF RECOMMENDATION: Approval of a Resolution approving the Altice/SuddenlinkAddition Final Plat. ATTACHMENTS: Description Resolution Final Plat Preliminary Grading & Drainage Plan Letter of I ntent Location Map Upload Date Type 7/2/2019 Resolution 6/24/2019 Exhibit 6/24/2019 Exhibit 6/24/2019 Exhibit 6/24/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ALTICE/SUDDENLINK ADDITION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Gonzalez & Schneeberg Engineers & Surveyors, INC has submitted an application for approval of a Final Plat of the Altice/Suddenlink Addition; WHEREAS, The Final Plat of Altice/Suddenlink Addition conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Altice/Suddenlink attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of July 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 0 WNER'S CER TIFICA TE 2 a_ I � CONCRETE MONUMENT TXDOT I 10' UTILITY EASEMENT LOT 2R FOUND/ I INSy/NO. 2012-325 RICHARDSON ADDITION I/ z N __,P-R. C. C. T. INST. NO. 2012-325 ) n I i N I— R.O.W. DEDICATION P.R.C.C.T. I< F < o I 697 INST. NO. 20190327000321250 w l C� a c3 c� I w I I D.R.C.C.T. 917 S. POWELL PKWY. 6 > I I C; UJ z M CLARENCE RICHARDSON a l l �ma 3 M JN ZONED. "SF" ' I I /8" IIRON Rq D o z I I /'RP S 5433" I III I m 0_ 5' DRAINAGE a CAP FOUND I- UTILITY EASEM NT z I IIIII I I 4 CAB. 0, P. 6 > (La I PANT I III I I P.R.C.C.T. 1 a I SHED �_ 1 I GAS a I I I JJ�� �..yyLUS �• 05�V.'L3' 12'" A N� — — — — _ I — — — — — — — — — J 1 I PAIN c� — /12" 18" OAK 12" HACKB RY 6' H KBE Y i — /4 \ I GV 6-16" HACKBERRY I do GAS CONNECTION 4:- BOIS D ARC I NO METER � I• �• �* K I I • 20 OA L _ S 88031,081, \ 5/8" RON ROD I \ FOUN I / A 20� CEDAR W/81"TXDOOROW MONUMENT- I LO v \ IN 7 19'17" E, 0.33') I �I �• I CAP_FOUND EM I 1 I�,� \ UNDERGROUND SERVICE 15' WATER 50' PHONE MARKER POLE NO/METER I EASEMENT rn co I I I I I (BY THIS PLAT) • ) 20OAK- 3-12" O Q \ I HACKBERRY \ WM I 20' LANDSCAPE ~ \ \ nl I CREPE MYITLEI EASEMENTI 695. / N I I CLUSTER I (BY THIS PLAT) \ 1 n N UTILITY EASEMENT I Q� V \ 1 I I INST. No'. �� I J \ i ^ 5/8" IRON ROD 20&110000030870 I m I I PPGFW/ W/ RPLS 5256" D.R.C.C.T. = I r� Q. I� I CAP FOUND I IL Q I 12' SANITARY SEWER 9S i I SANI ARY S ER I I I Q I I �1 I 121" PECA1� 20.14' m I LLJ a I I h Q) 24 4AK GAS PAINT II 1 I I I Q " I I I I I I 5/8" IRON RODI Q� I I I w/ "TXDOT ROW MONUMENT" � I 4J I I I CAP FOUND I I U n = FUTURE TXDOT m cp I N (\ I I R.O.W. DEDICATION =w I a Qa I I o h `�� I I I I I I I I � I I I I I 24' CROSS ACCESS EA SEMEN T I I I I (BY THIS PLAT) I I I = UTILITY EASEMENT I I I I I INST. NO. I -2012 0110000 030860 I II I 5/8" IRON ROD D.R.C.C.T. I I W/ RPL S 5256" I I L9 CAi FOUNDWV I 1 (020.516I I I 1 \ 1 \ 1 I I \69' \ 1 I I \ 5/8" IRON ROD \ TXMONUMENT" CAPFOUND \ \ \ 1 1 I FUTURE TXDOT �� II II I 696 R.O.W. DEDICATION I I I I I � / / 1 �I I I I I I I I I I I I I I 10' DRAINAGE 8 UTILITY EASEMENT M I CAB. 0, P. 635 I I P.R.C.C.T. I I 10", 14" AND 18" OAK 6" AND 10" HACKBERRY 6" CEDAR 8" HACKBERR I J 6" OAKS �J 4" CEDAR 2" OAK \I4" OA \ \ / —698 ZONED. "C-2" 301. 74' N 8803/'02" W EX. SHED _J TO BE N REMO VED 20.2' TRACT 2 20,814 sq. ft. 0.478 acres 925 S. POWELL PKWY. ALTICE USA, INC. INST. NO. 20181226001561580 D. R. C. C. T. \ 1 � I I I I I 1 1 I I I I I LOT 4 RICHARDSON ADDITION CAB. 0, P. 635 N\ I z I P.R. C. C. T. I \ I ro 1 1 1 II \ 918-920 INTERURBAN ST. \ I I o I 1 CLARENCE RICHARDSON \ \I _J o ) I I ImQ / 1 ZONED: "TF" i N / 1 T 6991, 5' DRAMAGE a 2-18" HACKBERRY 4" HACKBERRY ---^ -FUTILITY EASEMENT CAB. 0, P. 635 PRCCT CONCRETE I I I PAVEMENT a l 12" AND 16" CEDAR V 12" OAK 8", 10" AND L `TIME 12" OAK 4% 8" AND 10" HACKBERRY \, 698 — TRACT I 19,942 sq.ft. 0.458 acres 921 S. POWELL PKWY. ALTICE USA, INC. INST. NO. 20181226001561580 D. R. C. C. T. 321. 88' TOTAL 40,756 sq. ft. 0.936 acres LOT 1, BLOCK I AL TICE/SUDDENLINK ADDITION 44.3' EX. SHED TO BE REMO VED 4.3 303.05' N 8803I'02" W 323.61' SWACCHA, LLC. INST. NO. 20190218000166800 6 D. R. C. C. T. 9) ZONED. "C-l" 691 GENERAL NOTES I. Purpose of this Plot. To create one lot, from two tracts of land. 2. Lot -to -lot drainage /s not allowed. 36" DEAD TREE • \ 6`Q9 I I a 20" OAK Point o f z Beginning 112" IRON ROD W / RPLS 4709" CAP FOUND I 6" H ERR 698' I CO 99� wM 6c ❑� I 30" HACKBE4Y 35' I � I I(0 M I1 IL M1to I (p C\1 I I o / I � 0" ERRY I \• I I 698 O 4"HACKBERRY I$'//CEDAR c�0 \ 2 }( CEDAR 5/8" IRON ROD W% RPLS 5256"7 P i OUND� '- i 0C z� I �Q I 97--- J z I ol� I m I a Nlm I 20' LANDSCAPE EASEMENT I I (B Y THIS PL A T) I I I 1/2" IRON R FOUND N I C\J � N (JD y 3. Subject property is shown on the National Flood Insurance Program Flood Insurance Rate Map for Collin County, Texas, Map No. 48085CO160J, effective Date: June 2, 2009. All of the subject property is shown to be located In Zone "X". SURVEYOR'S CERTIFICATE N• I a S TA TE OF TEXA S COUNTY OF COLLIN WHEREAS, Altice USA, Inc. is the owner of a 0.936 acre tract of land situated in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas and being all of those tracts known as Tract l and Tract 2 as conveyed to Altice USA, Inc. by Genera/ Warranty Deed recorded in County Clerk's Instrument No. 20181226001561580, Deed Records, Collin County, Texas; said 0.936 acre tract being more particularly described by metes and bounds as follows; BEGINNING, at a 1/2-inch iron rod with plastic cap stamped "RPLS 4709" found at the northeast corner of said 0.936 acre tract; said point also being the northeast corner of said Tract l; said point also being the southeast corner of Lot 4, Richardson Addition, an addition to the City of Anna, Texas according to the plot thereof recorded /n Cabinet 0, Page 635, Plot Records, Collin County, Texas; said point also being on the west right-of-way line of Interurban Street (variable width); THENCE, South 02 degrees 29 minutes 28 seconds West, with said west right-of-way line, passing at a distance of 62.13 feet a 5/8-inch iron rod with plastic cap stamped "RPLS 5256" found at the southeast corner of said Tract l; said point also being the northeast corner of said Tract 2; continuing, in all, a total distance of 126.63 feet to a 1/2-inch iron rod found at the southeast corner of said 0.936 acre tract; said point also being the southeast corner of said Tract 2; said point also being the northeast corner of a tract of land conveyed to SWACCHA, LLC by deed recorded in County Clerk's Instrument No. 20190218000166800, Deed Records, Collin County, Texas; THENCE, North 88 degrees 3/ minutes 02 seconds West, with the common line of said 0.936 acre tract and SWACCHA, LLC tract, passing at a distance of 303.05 feet a 5/8-inch iron rod with plastic cap stamped "TXDOT ROW MARKER" found; continuing, in all a total distance of 323.61 feet to a 5/8-inch Iron rod with plastic cap stamped "RPLS 5256" found at the southwest corner of said 0.936 acre tract, said point also being the southwest corner of sold Tract 2; said point also being the northwest corner of said SWACCHA, LLC tract; sold point also being on the east right-of-way line of Powell Parkway (State Highway No. 51 (variable width); THENCE, North 04 degrees 0/ minutes 26 seconds East, with said east right-of-way line, passing at a distance of 64.55 feet a 5/8-inch iron rod with plastic cap stamped "RPLS 5256" found (5/8-inch iron rod with plastic cap stamped "TXDOT ROW MARKER" found South 88 degrees 3/ minutes 02 seconds East, 20.14 feet) at the northwest corner of said Tract 2, said point also being the southwest corner of said Tract l; continuing, in all, a total distance of 126.72 feet to a 5/8-Inch iron rod with plastic cap stamped "RPLS 5433" found (5/8-inch iron rod with plastic cap stamped "RPLS 5433" found North 88 degrees 3/ minutes 08 seconds West, 10.00 feet) at the northwest corner of said 0.936 acre tract; THENCE, South 88 degrees 3/ minutes 08 seconds East, continuing, with said east right-of-way line, passing at a distance of 10.05 feet a 5/8-inch iron rod with plastic cap stamped "RPLS 5433" found at the southwest corner of Lot 2R, Richardson Addition, an addition to the City of Anna, Texas according to the plot thereof recorded /n County Clerk's Instrument No. 2012-325, Plat Records, Collin County, Texas; leaving said east right-of-way line and continuing with the common line of said 0.936 acre tract and Lot 2R, passing at a distance of 10.23 feet a 5/8-inch iron rod with plastic cap stamped "TXDOT ROW MARKER" found; continuing, in all, a total distance of 320.22 feet to the POINT OF BEGINNING, CONTAINING, 40,756 square feet or 0.936 acres of land, more or less. 0 WNER'S DEDI CA TION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Altice USA, Inc., acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as BLOCK 1, LOT 1, AL TICE/SUDDENLINK ADDITION, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes Indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entitles shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or Interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. ALTICE USA, INC. By: Date: S TA TE OF TEXA S COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared , known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some for as the act and deed for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the day of . 2019. Notary Public in and for the State of Texas LEGEND �PP POWER POLE 0 Z KNOW ALL MEN BY THESE PRESENTS: 7TH ST ®wv WATER VALVE CE o THAT 1, Robert W. Schneeberg, a Registered Professional Land Surveyor, in the State of Texas, do hereby certify that l have CERTIFICATE OF APPROVAL FIRE HYDRANT WHITE prepared this plat from an actual on the ground survey of the land and the monuments shown thereon were found and/or placed Q under my personal supervision and in accordance with the Subdivision Regulations of the City of Anna, Texas. Approved this the day of 2019 by the City Council, City of Anna, Texas. ❑JB JUNCTION BOX ®Gv GAS VALVE N P Z W Z z RELEASED 0611812019 - FOR REVIEW ONLY —� METAL SIGN I//J"__ 3 N - NOT TO BE RECORDED OSS SANITARY SEWER MANHOLE wITY `` OOFw Q: Robert W. Schneeberg, Texas R.P.L.S. No. 4804 Mayor City Secretary — OHP OVERHEAD POWER LINE ANNA a—O FENCE SITE S TA TE OF TEXA S COUNTY OF DALLAS FINAL PLAT CAB. CABINET v. VOLUMEBEFORE FOSTER CROSSING RD ME, the undersigned authority, o Notary Public in and for said State, on this day personally appeared Robert W. Schneeberg, LOT 19 BLOCK 1 P. PAGE known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some No. NUMBER COLLIN COUNTY for as the act and deed for the purposes and consideration therein expressed, and in the capacity therein stated. ALTICE/SUDDENLINK ADDITION OUTER LOOP 20 0 20 A O `t PLAT RECORDS, Given under my hand and seal of office this the day of 2019. P.R.c.c.T. COLLIN COUNTY, TEXAS Scale in Feet VICINITY MAP OIPNE R ENGINEER — SURVEYOR: 0.936 ACRES OF LAND D.R.c.c.T. DEED RECORDS, NTS ALTICE USA, INC. GONZALEZ & SCHNEEBERG, ONE LOT COLLIN COUNTY, TEXAS 1111 Stewart Ave. ENGINEERS & SURVEYORS, INC. INST. No. INSTRUMENT NUMBER Bethpage, New York ROBERT SCHNEEBERG, P.E., R.P.L.S. BEING TWO TRACTS OF LAND CONVEYED TO Notary Public in and for the State of Texas robert.schneeberg®gs—engineers.com ALTICE USA, INC CONTACT 2100 Lakeside Boulevard INSTRUMENT NO. 20181226001561580 JOE CARTER Suite 200 D.R.C.C.T. Project Manager Richardson, Texas 75082 GRANDERSON STARK SURVEY, ABSTRACT NO. 798 Ascent, LLC Phone: 972-516-8855 CITY OF ANNA, COLLIN COUNTY, TEXAS 2350 Ball Drive St. Louis, Missouri 63146 Phone: 314-810-1550 Gonzalez &Schneeberg 2100 Lakeside Boulevard Suite 200, Richardson, Texas engineers surveyors 75082 - (972) 516-8855 Engineering Firm No. F-3376 Surveying License No. 100752-00 SCALE DATE PROJ. NO. DWG. NO. NO. DATE REVISION 1" = 20' JUNE, 2019 6852-19-03-19 6852 pre —plat y � y 7TH ST y O WHIT 2 O 2 o G m J 2 LL z 3 w "' y LL c�rr 2 OF fn ANNA a SITE GR 366 COLLIN COUNTY OUTER LOOP -N- I I, I wl I 1 VICINITY MAP NTS I I I 1 CONCRETE TXDOT 1 �I 1 20 0 20 40 x 10' UTILITY EASEMENT LOT 2R I LOT 4 I Scale in Feet MONUMENT �� I INST. NO. 2012-325 FOUND RICHARDSON ADDITION RICHARDSON ADDITION ' j o ;,� ( o m I P.R.C.C.T. INST. NO. 2012-325 I CAB. 0, P. 635 I z R.O.W. DEDICATION I P.R.C.C.T. Q < N P.R. C. C. T. I W o N o /' I 6g1 INST. N0. 20190327000321250 3 1 d N ti O.R.C.C.T. z d ti y I w I w Lil I in 9/7 S. POWELL PKWY. `� I I 9/8-920 INTERURBAN ST. z �I. ? M CLARENCE RICHARDSON I I CLARENCE RICHARDSON I a 13maImma z m ¢. I -�% I Z N ZONED: "SF I 10' DRAINAGE a ZONED: "TF" I "T I o 'j UTILITY EASEMENT N 5/8" IRON ROD I z ¢ I M I CAB. 0, P. 635 / RP(S 5433' m a 5' DRAINAGE a I ^ ^ P.R.C.C.T. (p 1!I CAP FOUND I O i0 N UTILITY EASEMENTCA CAB. O, P. 635 I I 10", 14" AND 699. 5' DRAINAGE a j a� 1pp NT II( I �\ I P.R.C.C.T. I I I6" oAK 6' AND 10' UTILITY EASEMENT III I W LEGEND y W { HACKBERRY 2-IB" HACKBERRY 63F CONCRETE 1 Q2 J I11 I I I I 6' CEDA 6. OAK 4' HACKBERRY CAB. Q P. I PAVEMENT IL W 1 4I { 1 I CRE Mtf?aLE SHED I 8' HACKBERRY 4' HACKBERRY P.R.C.C.T. 1/2" IRON ROD -& !. > I y f.YPP POWER POLE 6A6 0 — — — — — _ T44. -6-7 _ _ a• CEDAR W / WPL 4703 9 1 M. U TER 6 OAK — — — — ¢ V \ 1 PAINT JyGV M I6 .OAK 12' HACKBERRY 6' H ERRY i I44.OT — — — — J L Z 10• ANDS— — — — — — — — — — — — — — — — — — I CAP F UND _ _ ____ AR ®w WA ER VALVE —I�� c� 5/08" E ; /8 6 A ee� FIRE HYDRANT W cONAECTION f I,.3Q' 4"IOAKI ,? x o..ti" HACKBERRY 6'4 6 LIa } 8 ❑�B JUNCTION BO OAT \'5/8" RON ROD 0 UETER ll,,�.• Is ARC -.I I I I ,. < 4 C'J '1 cK�E II Jw I FOUN I I 1 5/81 IRON ROD O, 20"OAK 698.90 Vf N�� �h I�•._'AK / I if m I ®Gv GAS VALVE X OAK 2 CE I W/'TX007 ROW MONUMENT' I c0 O p 4'. e• AND I 5 3.0, x A W ro ti IN 7 19.17" E, 0.33') I --j-J PROPOSED 6' SOLI O ~ . ° I ~ ti I 10' HACKBERRY I6' CEDAR 20' OAK o y a I ! y, I CAP FOUND I I2' oax w J� aA 00 -� METAL SIGN Q SO I MARKER I sERvvICE 15' WATER SCREEN/NG \FENCE 14' oAK :. < N 696.45 8 I 35 `(D SANITARY SEWER MANHOLE Q R f HOLE EN R I I EASEMENT I �� ' o' OAV _ O,� 69 I Oss 3 WZ \ I { J ! I I I I I IBY PLAT/I 1 6g$ \ I M I —OHP— OVERHEAD POWER LINE �y 2 AND CAPE (0 n o P �1 C, p \\ / 1 IEERRY i 20' LANDSCAPE \ 698.45 698 1 _ p _ As£MEnr I I i —0— FENCE W ,,jL -� \ N I I EASEMENTI _ WY THIS PLAT I N �. (� \ / J y� ^ 3 CREPE MY TLE I (BY PLAT/ LOT 1, BLOCK I '" 6 ' �I- Z 2 '6g5 11 I I I ausr I ZONED: "C-2" h�4v' 7 98,,, 69b 3 I I { I II { CAB. CABINET h \ ,1 UTILITY IEASEMENT 1 AL T/CE/SUDDENLINK ADD/TIO ��0 6" HACKBERRY I I W I I f PROPOSED BUILDING I I ocO = { 1W I I V. VOLUME �+ U a a m w INST. N0. I4 - A. CO q n P. PAGE /s'I IRON ROD I 16/4 S0. FT. < �� PROPOSED N f JJ i o ` i �l 2oliou000003os7o TOTAL I I �P wi W/ RPLS,S256' D.R.C.C.T. W _ I GENERIq TOh° STEEL FENCE I c, ti Q' �o NO. NUMBER � ^ z 40,756 sq.ft. FF_ 698.85 WITH MASOIIIRY10- HACKBERRY N ai I j W 3 LIGHT CAP FOUND I I Q 1 I e 0 a 1 PLAT RECORDS, l I I 0.936 OCfBS COLUMNS 1 N I { Q k P.R.C. C.T. I 1 I zIa 69a45 I p J J 2 3 COLLIN COUNTY, TEXAS �1 h1 2 SANITARY SEWER 36' OEAD IJ`I SANITAR S ERI I �U I I O I . I I 14 { I. of 4• NACKBE�RY o DEED RECORDS W 3 0' PE AN I W a Co y I I 921 S. POWELL PKWY. cb N s.Q' o.o' 7Q I I �"' 698 of I 1 1 0 \ D.R.C.C.T. �I I W ? a O N eDAR I: COLLIN COUNTY, TEXAS MATCH Ex. PVMT I I I o y I AL TICS USA, INC. v a CC ml ® 4.2'��4. 0' N �u I o> j 4.1 \ W TP 694.40 GA \ Q J I '� m INST. NO. 20181226001561580 W b j�a' fO Q V INST. No. INSTRUMENT NUMBER [ m 14 J O I I 24' OAK j 6.0' O ,tip" W SRPLS 5256ROD I/ I Q Q /{ rn O f D.R.GC. T. i PAINT lV r`�^ Q 1 I I q 41 U m, CAP FOUND za' CEDAI I h R' m � 9.0' �.. <�', I { a ' 4 1 W I V1 VAULT Q I J 3 I + 24' CROSS ACCESS L _I °j " Q,' IuI O Q j I J { I I I I I 1 EASEMENT 14i I z I { h k z '�� TR UTILITY TRANSFORMER IOrR I I I �� 1 IBY PLATI ` �. 1� I MATCH EX. PVMT M � L4) 9'x/8' P RKING EXISTING TREES I u W3 A i W I i = FUTURE I TXDOT TP 697.5 g o N I I R.O.W. DEDICATION 69a J> I p 41 a 69 1 a s Q I SPACES 36' 697 m m x Q i t 1 W ti I� I II 1 Oyu I I I N I lOR C) O UTILITY �EASIEMENT I PROPOSED GRAVEL O 4j CONPROCRETED PAVEMENT IR.O.W.1 4/.s' it { °2 I i 20&10000630860 I DRIVEWAY —► o PROPOSED GRAVEL I I y W W it FH II { D.R.C.C.T. I I N DRIVEWAY —�� a U, II PROPOSED PRIVATE 1 rn IN 2 p I W { CONCRETE PAVEMENT W u 1 I I v® I I I PROPOSED 6' SOLI I v II I .5'EX 1 i IQ' FH WY I I I SCREENING FENCE 69 f— v6 I ! I PROPOSED W J1 697 �— —► N 69 N —� v I y az n ° GRAVEL DRIVEWAY N N4�y, I I� W l w rn 1 o a 3 W MATCH £X. PVMT Eg)\ N 8803/'02" W 697. 6g� I W Q'R FLOW LINE �¢ y Q rn 693. TO I 5/8" IRON ROD 323.61' w/ rxaaraawMORuuERr 1/2" IRON ROD w W 4 ~ I 564 PROPOSED CONTOUR LINE 1 CAP FOUND \ h U Q ti W w SWACCHA, LLC. FOUND OQWU U W a O 3 OI M 1 `� 5/8" IRON ROD \ INST NO. 20/902/8000166800 a Q 2 I} 2 O0I- FUTURE TXDOT `_ — _ 6g) D.R.C.C.T ggT a o 3 of y F — '564- — EXISTING CONTOUR LINE / 1 1 CAP' - R.O.W. DEDICATION a a MATCH EX. PVMT O y i ZONED: "C-l" TP 697.10 I I I I I OWNER CONTACT I ALTICE USA, INC. Joe Carter 1111 Stewart Ave. Ascent, LLC. Bethpage, New York (314) 810-1550 joe.carter@aseentcorp.com R ro Q PRELIMINARY �a I GRADING AND DRAINAGE PLAN 0 COMMERCIAL DATA CENTER ALTICE/SUDDENLINK ADDITION LOT 1, BLOCK 1 EXISTING ZONING: "C-2" CITY OF ANNA, COLLIN COUNTY, TEXAS P J. NO.: S — —02-09 DWG. NO: 6 w Gonzalez & Schneebe b 2e 2 Lakeside soul, Tex Suite 200, Richardson, Texas engineers Is surveyors 75082 - (972) 518-8855 Engineering Firm No. F-3376 Surveying License No. 100752-00 DESIGN DRAWN DATE SCALE NOTES FILE NO. GSES GSES DUNE 1" = 20' NO. DATE REVISION April 15, 2019 City of Anna, TX P.O. Box 776 Anna, TX 75409 To: Whom it May Concern — Planning & Zoning From: Altice — Property Owner 921 South Powell Parkway Anna, TX 75409 Re: Platting Review - 921 South Powell Parkway Please take this correspondence as the letter of intent describing the intended use of the property listed above. Altice intends to use the property as a commercial building housing data processing equipment and act as a local HUB for headend cable TV and internet services. The intent is that the building be periodically visited by Altice employees, is not open to the public, and is not an "occupied" facility. There is not space for personnel to utilize offices or otherwise. Should you have further questions on details feel free to contact me per the information noted below. Thank you. i ( --Pfa Olesen-Ferrai Vice President of Critical Systems Altice USA ALTICE USA 1111 STEWART AVENUE, BETHPAGE, NEW YORK 11714 WHITE STREET (F.M. 455) THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve a Resolution approving the Custis Estates Development Plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is specifically located at 8578 Trails End Ln. The tract is in the Thomas McClanahan Survey, Abstract No. 560 and contains 5.008 acres of land. The owner has placed a new mobile home and shop on the property. The submittal meets the City of Anna development plat requirements. The applicant is aware that the future Collin County Outer Loop may encroach on this property and has agreed that their mobile home may need to be relocated in the future. STAFF RECOMMENDATION: Approval of a Resolution approving the Custis Estates Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 7/2/2019 Resolution 6/25/2019 Exhibit 6/24/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CUSTIS ESTATES DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Sherry Custis has submitted an application for approval of the Custis Estates development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Custis Estates development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t" day of July 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike N N 6 ■ 50' PRIVATE ROAD ROW & UTILITY EASEMENT VOL. 1404, PG. 457 VOL. 5277, PG. 4927 L. R. C. C. T. POB NORTH SCALE 1"= 30' C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2" IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND = POWER POLE = GUYWIRE Q = AC UNIT ® = GAS METER ® = WATER METER ® = WATER VALVE ® = STUBOUT ❑ = FENCE POST ®= CANOPY/COVERED AREA NICHOLAS AND SHERRI BOCANEGRA VOL. 5825, PG. 5457 D.R.C.C.T JOSE AND MARTIN HERNANDEZ C.C. 20190307000239930 D.R.C.C.T HALLEE MURPHY C.C. 20180119000073910 D.R.C.C.T MARK AND CAROL BARRAT REVOCABLE TRUST C.C. 2017061900079380 D.R.C.C.T MARK MCELWEY 20170714000927480 D. R. C. C. T KIMBERLY ANN AND JONATHAN E MEDINA C.C. 2017069000748850 D.R.C.C.T 50' PRIVATE ROAD ROW & UTILITY EASEMENT VOL. 5277, PG. 4927 L. R. C. C. T. CORY AND LINDSAY OLDEEN C.C. 20150102000002520 D.R.C.C.T LEGAL DESCRIPTION BEING a tract of land situated in the Thomas McClanahan Survey, Abstract No. 560, Collin County, Texas and being all of a called 5.008 acre tract conveyed to Patrick and Sherry Custis as recorded in Instrument No. 20190502000490480 of the Land Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a to a 112" iron rod found for corner at the northwest corner of said 5,008 acre tract; THENCE N 88°43'01 " E a distance of 41 1.61 ' to a 318" iron rod found for corner, THENCE S 01 °06'59" E a distance of 453. 76' to a 318" iron rod found for corner; THENCE S 69°33'03" W a distance of 442.93' to a point for corner; THENCE N 00°30'36" W a distance of 599.23' to the POINT OF BEGINNING and containing 218,140 Square Feet or 5.008 Acres of land. FLOOD NOTE This property falls in Zone X according to the Flood Insurance Rate Maps, Panel No. 48085C0180J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency. 1. Copyright 2019, Surdukon Surveying, Inc. 2. This Development Plat is being provided solely for the use of the current parties. 3. This Plat is subject to all easements of record. 4. The basis of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). 5. The location of the 250' Outer Loop location is based on City Staff and may be subject to relocation. Upon final approval of the Outer Loop Route the existing structures may need to be moved. VICINITY DEVELOPMENT PLAT CUSTIS ESTATES 5.008 ACRES OUT OF THE THOMAS Mc CLANAHAN SURVEY ABSTRACT NO. 560 COLLIN COUNTY, TEXAS OWNER PATRICK AND SHERRY CUSTIS 8578 TRAILS END LANE ANNA, TEXAS 75409 (318) 332-1565 SURVEYOR SVRDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 FIRM NO. 10069500 SCALE 1" = 30' DATE. JUNE 10, 2019 JOB No. 2019-46 THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve a Resolution approving the Turbyfill Addition Final Plat. (Maurice Schwanke) SUMMARY: The final plat for your review is located within Anna's extra territorial jurisdiction and is located generally on the North side of County Road 177. One of the proposed lots within the plat has an address of 5150 County Road 177. The tract is in the Joseph Mitchum Survey, Abstract No. 590 and the John L. White Survey, Abstract No. 104. It contains 7.382 acres in total and will contain 2 lots. This submittal meets the City of Anna requirements. STAFF RECOMMENDATION: Approval of a Resolution approving the Turbyfill Addition Final Plat. ATTACHMENTS: Description Resolution Final Plat Location Map Upload Date Type 7/2/2019 Resolution 6/24/2019 Exhibit 6/24/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE TURBYFILL ADDITION FINAL PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Wanda Turbyfill has submitted an application for approval of the Turbyfill Addition Final Plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat. The City Council hereby approves the Turbyfill Addition Final Plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t" day of July 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike COLLIN COUNTY NOTES: STATE OF TEXAS § COUNTY OF COLLIN § CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 14°08'03" 633.20' 156.20 N 79'56'05" E 155.81' C2 13' 10 29 528.01 121.41 N 79°27 18 E 121.14 C3 5'07'46" 2121.65' 189.94' IN 88'36'25" E 189.88' LINE TABLE LINE BEARING DISTANCE L1 N 48°32 40 E 78.66 L2 N 67°34'53" E 55.36' L3 N 32°40'50" E 52.60' L4 S 84*48'18" E 69.13' L5 S 73'23'06" E 88.20' L6 N 49°51 48 E 53.19 L7 N 21'34'l3" W 141.23' L8 N 49°27 04 E 33.88 L9 S 74°47'04" E 68.38' L10 N 59'46'58" E 35.41' L11 N 08°44'30" E 47.07' L12 N 70'34'20" E 62.62' L13 N 01'05 17 E 9.94 L14 IS 01'10'53" W 18.59' 0 Two Story Wood Siding Residence 0 2.1 N One Story 2.2 Wood Siding Residence CALLED 30.1 ACRES GEORGE & CYNTHIA FINLE` CC# 2012081500100829C L. R. C. C. T. CALLED 50.411 ACRES TOM & LINDA SCOTT VOLUME 4184, PAGE 950 L.R.C.C.T. i CALLED 23.900 ACRES KELLIE SUR VET / VOLUME 5378, PAGE 4922 L. R. C. C. T. TAIL D 1. All lots must utilize alternative type On -Site Sewage Facilities. 2. Lot 1 has two (2) existing structures with one (1) existing, alternative. 3. Must maintain state -mandated setback of all On -Site Sewage Facility components from any/all easements and drainage areas, water distribution lines, sharp breaks and/or Creeks/rivers/ponds, etc. (Per State regulations). 4. There are no water wells noted in this subdivision and no water wells are allowed without prior approval from Collin County Development Services. 5. Individual site evaluations and OSSF design plans (meeting all State and County requirements) must be submitted to an approved by Collin County for each lot prior to construction of any OSSF system. HEALTH DEPARTMENT CERTIFICATION I hereby certify that the onsite sewer facilities described on this plat conform to applicable OSSF laws of the State of Texas, of Texas, that site evaluations have been submitted representing the site conditions in the area in which on -site sewage facilities are planned to be used. ----------------------------------- Registered Sanitarian or Designated Representative Collin County Development Services CALLED 38.828 ACRES JOHN & ANDREA HENDRIX CC# 20190204000117700 L. R. C. C. T. to o, tt NORTH SCALE 1 "= 50' LEGEND TE C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2" IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND NOTES: 1. The original copy will have original signatures, stamp seal and an impression seal. 2. Copyright 2019, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The basis of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nad83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). LOCATION MAP APPROVED THIS DAY OF BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. MAYOR 2019 WHEREAS Wanda Turbyfill is the owner of a tract of land situated in the Joseph Mitchum Survey, Abstract No. 590, Collin County, Texas, and the John L. White Survey, Abstract No. 1014, Collin County, Texas, and being all of a 7.382 acre tract conveyed to Wanda Turbyfill as recorded in County Clerks No. 20161020001423370 of the Land Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a to a 112" iron rod found for corner on the north side of County Road No. 177 at the base of a corner post at the southwest corner of said 7.382 acre tract and being the southeast corner of a tract conveyed to George & Cynthia Finley as recorded in County Clerks No. 20120815001008290, Land Records of Collin County, Texas; THENCE N 01 °05'17" E following the west line of said 7.382 acre tract a distance of 576.40' to a point for corner in a creek; THENCE N 48°32'40" E a distance of 78.66' to a point for corner in a said creek; THENCE N 67°34'53" E a distance of 55.36' to a point for corner in a said creek; THENCE N 32°40'50" E a distance of 52.60' to a point for corner in a said creek; THENCE S 84*48'18" E a distance of 69.13' to a point for corner in a said creek; THENCE S 73°23'06" E a distance of 88.20' to a point for corner in a said creek THENCE N 49*5 1'48" E a distance of 53. 19' to a point for corner in a said creek; THENCE N 21 *34'13" W a distance of 141.23' to a point for corner in a said creek; THENCE N 49*27'04" E a distance of 33.88' to a point for corner in a said creek; THENCE S 74°47'04" E a distance of 68.38' to a point for corner in a said creek; THENCE N 59°46'58" E a distance of 35.41 ' to a point for corner in a said creek; THENCE N 08°44'30" E a distance of 47.07' to a point for corner in a said creek; THENCE N 70°34'20" E a distance of 62.62' to a point for corner in a said creek and being in the east line of said 7.382 acre tract; THENCE S 01 ° 10'53" W following the east line of said 7.382 acre tract a distance of 871.97' to a 100d nail found for corner on the north side of County Road No. 177; THENCE N 87°12'29" W following the north side of County Road No. 177 a distance of 216.11' to a 112" iron rod found for corner, THENCE S 70°28'53" W following the north side of County Road No. 177 a distance of 159.50' to a P.K. nail found for corner, THENCE S 88°26'33" W following the north side of County Road No. 177 a distance of 95.98' to the POINT OF BEGINNING and containing 321,577 Square Feet or 7.382 Acres of land. OWNER'S CERTIFICATIONS NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Wanda Turbyfill is the owner and does hereby adopt this plat designating the hereinabove described property as TURBYFILL ADDITION, LOT 1 & 2, BLOCK 1, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the - - - - day of ----------------, 2019. WANDA TURBYFILL, OWNER BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Wanda Turbyfill, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Notary Public in and for Collin County My Commission Expires: - STATE OF TEXAS § COUNTY OF COLLIN § day of 2019. I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Anna, Texas. Registered Professional Land Surveyor Registration No. 4613 BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David J. Surdukan, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of Notary Public in and for Collin County My Commission Expires: _ 2019. FINAL PLAT TURBYFILL ADDITION LOT 1 & 2, BLOCK 1 BEING 7.382 ACRES OUT OF THE JOSEPH MITCHUM SURVEY ABSTRACT NO. 590 JOHN L. WHITE SURVEY ABSTRACT NO. 104 COLLIN COUNTY, TEXAS OWNER SURVEYOR WANDA TURBYFILL SURDUKAN SURVEYING, INC. 5150 COUNTY ROAD NO. 177 P.O. BOX 126 CURRENT PROPERTY ADDRESS CI I Y SECHETAHY LINA, X ANN , TEXAS 75409 (214) 477-5897 (972) 924-82005150 COUNTY ROAD NO. 177 � FIRM NO. 10069500 CELINA, TEXAS 75009 E Property ID: 2745481 SCALE 1 " = 50' DATE: JUNE 4, 2019 JOB No. 2019-45 ` 5 5 ITE THE CITY OF Anna AGENDA ITEM: Item No. 51 City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve a Resolution approving the Wal-mart Anna Addition Block A, Lots 2R and 3R Replat of Block A, Lots 2 and 3.(Maurice Schwanke) SUMMARY: The Wal-mart Anna Addition Replat is located in the Thomas Rattan Survey, Abstract No. 782. The plat contains approximately 2.1094 acres covering a section of land at the Northeast corner of Highway 75 and White St (FM 455). This is a replat of Block A, Lots 2 & 3 of the previously approved Final Plat in order to add additional easements. Star Bucks and a new strip center will be located on these lots. STAFF RECOMMENDATION: Approval of a Resolution approving the Wal-mart Anna Addition Block A, Lots 2R and 3R Replat of Block A, Lots 2 and 3. ATTACHMENTS: Description Resolution Final Plat Location Map Upload Date Type 7/2/2019 Resolution 6/24/2019 Exhibit 6/24/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REPLAT OF BLOCK A, LOTS 2 & 3 OF THE WAL-MART ANNA ADDITION. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Brian Bischoff has submitted an application for approval of a replat of Block A, Lots 2 & 3 of the Wal-Mart Anna Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Replat. The City Council hereby approves the replat of Block A, Lots 2 & 3 Walmart Anna Addition into Lots 2R & 3R attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t" day of July 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike OWNER'S CERTIFICATE GI_AP-IIC SCALE 10 FEET 30 0 15 30 0 1" I-1301:10 24X30 50.51-F11_ ELA1_i E _ACCESS 1_UTI LITI_I ADD D❑AI❑AGE I-STC. CO. 20150 EO2000 47420 S. LiATT01- SU-CE _i.P.1_1.C.C.T. TI-iOMAS ❑ATTO-' SU =C'E❑FAC'ST!-ACT O. 782 \ 10LELECTI_IC EASEMEI_IT I-ST-.-O. 201501❑0200047420 _1. P. L . C. C.T. I I I I 0 -_ N Q) ❑ 0 c0) Q � ❑ O� I j LL C7�o I LU C ALUM UM TXDOT / �Q 1 Q .O. . MO . F D---/// BRS. N73005'W, 0.28; OL L, I I 0 0 I `V LU I M N o 0 co I Z I SC CALLED 4.0-8 AC: E STATE OF TEXAS I_ST. ❑0.201703140003258_0 C.P.❑.C.C.T. 20.li ;DSCAPE AI_IID ! ATE - EASEMEI IT OL. 2017 PG. 54 P.1 I.C.C.T. ALUMII UM TXDOT _O. . MO.. FD._", I 20FPE�_MALI ATE_' EASEME -T CITC OF Aui IA TEXAS I_ST.-0.20150123000757310 L.P. '.C.C.T. I I BENCH MARK LIST T-1M 1: S uare with "X" cut on the northeast corner of a headwall at the northeast corner of the intersection of F.M. 455 _1111 I_loadiland the northbound frontage road of U.S. -lwy. 75 Elev. ❑ 70❑.11 T_!M 1_2: 1iailroad spii a on the south side of a power pole on the east side of the northbound frontage road of U.S. Cwy. 75 approximately 1115 feet north of F.M. 455 _'_I hite _load .I Elev. Li721_1.3_1 P.O.B. I SC � � I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -J I APP OXIMATE LOCATIOOF A ST1 ACT LI E 50.51FI1_ELAuE-ACCESS i UTILITI_I 5' LIUILDII_IG SET' iACi_I A-D Dr -Ali -AGE EASEMECT 10i�LECT-iIC EASEME-T / ❑OL. 2017-PG. 54_1 - IOL. 2017-111 54-I _IOL. 2017-PG. 54_ 1 / P.C.C.C.T. P.n.C.C.T. P.C.C.C.T. / --------------------------------- ----- / ❑ - - - - - - - - - - - ------ S89°46'13"E 207.53❑ xS \-I sc I 25FPUILDI.-G SET :AC-1 Lr OL. 2017 PG. 54 BLOCK A, LOT 2R P.i C.C.T..1.0038 ACRES w I 43,726 SQ. FT. io C.01 I rh ° Z LOT 21 1_LOCL A _I Al A1_I ILA ADDITIOI_I FOIL. 2017pG. 54- P.1_.C.C.T. =1 0 0 PO 1TIO 1 OF CALLED 107.52 ACI _ ES L6 -1 SEMII-TOLE Al TOE I- Cl_ -L.P. II.1ST. _'O. 20080128000100_40 ❑.P.I-.C.C.T. I I I I ~ I L8 ~ � w � U FLU � U) I co < VARIABLE WATER I ; I LU w w F4 I EASEMENT I U (D I _ --- --------- S89°46'13"E 1LO.811 a01 w1Q -----------J _il I L1 Q 0 L L4 N89°46'13"W 137.18r L2 L2 15.00 - izz Q r-------- ------- - - - L5� - Lq I L11 L12l( � X 20 _ I _D 20 Al AGE - - LOT 1 ❑LILIA A EASEMENT / o ALMA_iTA' iuAADDITl01_I - G� - - - - OL. 2017 PG. ; - - - - - - - - - - - - - - - P.I_-.C.C.T.-----�--N h FOL. 2017cPG.54- 53.5n-, �� _L� I SC P.C.C.C.T. I F------- -------------- _ ------fC4 '` �� c� // 4 3.0 11 15CSACIITAC - SEE E❑ Oh EASEMECIT _10L. 2017NPG. 541_ n oLO P.❑.C.C.T. M I 24' FIRE ACCESS AND I - UTILITY EASEMENT I M M CALLED 18.551 ACLiES -i ALMA-1T L!EAL ESTATE CUSI-IESS T❑UST b N CD I _ST. I_10. 201501_020001_47410 N o C� M U !.C.C.T. 0 0 C _!.P.I M co ua C I I BLOCK A, LOT 3R M M 0 4 I 48,158 SQ. FT. Vj LOT 3' 1_LOC A ALMA 'T A A ADDITIO c`? OL. 20171 PG. 54 \ I � Cl) P.I_.C.C.T. w I ,`ten 24' FIRE ACCESS AND I ,n UTILITY EASEMENT L I M o I 151:SACITAC0 SEC EC C I I JL�2 EASEMECTVARIABLE 12017111541 C'. P.C.C.C.T. WATER 4V I EASEMENT / rM- - - - - - - - - - - - 1 L15- in N87°25'07"E N 2.81- L22 V�` I i N8- _❑�ti 1.401scL21Z 7°25'OT E 78.14- - - - - - - - - - - - �o r L28 L20 - - J ^ \C's _ _ _�� -------------�` I N 4=5°48'40� ------------S87°25'07"W 1C4AU-1 CC3C0.50❑ C1 I L❑3❑.5❑C \ 25.50'- I � � 25.00 - I CB-S2040'33"E I SC CI❑31:1.551- 174.70r ; 225.20'. , I S84°25'07"W 201x 201DuA1LAGE EASEMECT OL. 20171 PG. 541 P.❑.C.C.T. LOT 4CCILOCi- A _I Al A1_i_1A ADDITIO_I 1 _IOL. 20171_111 541_i P.❑.C.C.T. ❑EMAICDE❑ OF CALLED 7.LO ACCES I I _1 SEMI_OLEA__ATOI_I Li CEI_ITEi_i11.P. ]LIST. ❑O. 20131125001577-1 0 _1.P.1_.C.C.T. I \ STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS CP ANNA RETAIL TWO, LP is the sole owner of the following described tract of land: BEING a tract of land situated in the Thomas ❑atton Survey -Abstract ❑o. 782CCity of AnnaCCollin CountyCTexasCand being all of Lots 2 and 3CCloc❑A of IF almart Anna Addition -an addition to the City of Anna -Texas l-according to the Final Plat -recorded in -olume 2017-Page 541-1of the Plat ❑ecords of Collin CountyCTexas-and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped "KHA", set for the southwest corner of said Lot 3 and the northwest corner of Lot 400IocCA of said ❑ almart Anna Addition -same being on the easterly right of way line of U. S. Cighway 75Ea variable width right of way -as described in a deed to the State of Texasrecordedin Instrument ❑o. 201703140003258 0 of the Official Public ❑ecords of Collin County❑Texas-I THENCE North 03°55'31" West, along the westerly line of said Lot 3 and the easterly right of way line of said U. S.-!ighway 75❑a distance of 11 ❑.05 feet to an aluminum TXDOT right of way monument found for a cornerC THENCE North 03°02'30" East, continuing along the westerly line of said Lot 3, along the westerly line of aforesaid Lot 210and continuing along the easterly right of way line of said U. S. -ighway 75-a distance of 200.❑4 feet to a cornerCfrom which Ca found aluminum TXDOT right of way monument bears North 73°05' West, 0.28 feet; THENCE North 07°36'56" East, continuing along the westerly line of said Lot 2 and the easterly right of way line of said U. S. Cighway 751-a distance of 104.53 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA", set for the northwest corner of said Lot 2, same being a southwesterly corner of Lot 1 ❑❑IocCA of said ❑ almart Anna Addition❑ THENCE South 89'46'13" East, departing the easterly right of way line of said U. S. Highway 75, along the northerly line of said Lot 2 and a southerly line of said Lot 1, a distance of 207.53 feet to an "X" cut set in a concrete sidewalT_'! THENCE South 00'13'47" West, along the easterly line of said Lot 2, the easterly line of aforesaid Lot 30and along a westerly line of said Lot 1 Ca distance of 3C3.50 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA", set for the point of curvature of a tangent curve to the left; THENCE in a southerly directionncontinuing along the easterly line of said Lot 3 and the westerly line of said Lot 1, and along the arc of said curve to the left, through a central angle of 05°48'40", having a radius of 360.50 feet, a chord bearing of South 02°40'33" East, a chord distance of 36.55 feet and an arc length of 36.56 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA", set for the southeast corner of said Lot 3-same being the northeast corner of aforesaid Lot 4C THENCE South 84°25'07" West, along the southerly line of said Lot 3 and the northerly line of said Lot 40a distance of 225.20 feet to the POINT OF BEGINNING and containing 2.10E4 acres FE1:884 s-uare feetr-of land :more or less. AIrif1.1:4 A m@3 4 :4 91 a [oi_r 1 [el ► ' NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT CP ANNA RETAIL TWO, LPCacting herein by and through their duly authoriDod officers ❑do hereby adopt this plat designating the hereinabove described property as WAL-MART ANNA ADDITION, BLOCK A, LOTS 2111 AND 3R, REPLAT OF BLOCK A LOTS 1 AND 2-an addition to the City of AnnaliTexasCand does hereby dedicatelEin fee simplelEto the public use foreverCthe streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas❑as shown Dare dedicated for the public use forever -for the purposes indicated on this plat. In addition Futility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities -said use by public utilities being subordinate to the publics and City of Anna s use thereof. The City of Anna and public utility entities shall have the right to remove and -eep removed all or parts of any buildings-1 fences Ctrees❑shrubsCor other improvements or growths which may in any way endanger or interfere with the constructionCmaintenanceCor efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing CreconstructingEinspectingpatrolling❑ maintaining Dreading meters -and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he lthey❑shall construct upon the fire lane easements as dedicated and shown hereon Ca hard surface and that they shall maintain the same in a state of good repair at all times and -aep the same free and clear of any structures -fences -treesC shrubs or other improvements or obstruction -including but not limited to the paring of motor vehicles❑ trailers i-boatsCor other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner -and the owner shall post and maintain appropriate signs in conspicuous places along such fire IanesCstating "Fire LaneCCo Par-ing." The police or his duly authoriCed representative is hereby authori-od to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utiliCed by any person or the general public for ingress and egress to other real property -and for the purpose of General Public vehicular and pedestrian use and accessEand for Fire Department and emergency use -in Calonghupon❑ and across said premises❑avith the right and privilege at all times of the City of Anna Fits agents -I employees -worLmen-and representatives having ingressCegress- and regress ini-alongLuponEand across said premises. This approved subject to all platting ordinanceslJules-and regulations of the City of Anna Texas ❑ ITCESS❑my hand at❑❑CI❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑Cthis the ❑❑❑❑❑❑❑day of 1-11FI❑❑201 ❑. BY: CP ANNA RETAIL TWO, ll Texas limited liability company y:❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ CSignature❑ __I_1_I-___-_,___❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Print 'Came and Title❑ STATE OF TEXAS § COUNTY OF ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑-i § -lefore me -the undersigned authority Ca -lotary Public in and for said County and State Con this day personally appeared CCCC❑-❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑C-i of CP Anna -retail Two::LP❑-hown to me to be the person whose name is subscribed to the foregoing instrument and acChowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of officeahis ❑❑❑❑❑❑❑❑❑CCCCCC day of CCC❑C201 ❑ CCU 1�, i-CI-CCEE❑❑❑❑❑❑❑❑❑❑❑❑❑❑CC❑❑❑❑❑❑❑❑❑❑❑CCCC -lotary Public in and for the State of Texas ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Printed [lame My Commission Expires STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I -Michael ❑. Marx do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. CCC _I_1_I I_CLCLL-DODFIED❑❑❑❑C1❑CII_IFIEILEE _ ELII_JJFT I-F P❑ E L I M I❑ A❑❑ Michael C. Marx ❑egistered Professional Land Surveyor T❑IS DOCUMEFT SCIALL Texas Cegistration ❑o. 5181 1 IOT ❑E -ECOF 1DED FO❑ ❑imley-❑orn and Associates ❑Inc. AEo PUCIPOSE ACID 111-10 ❑ arren PCwyL-Suite 210 S ❑ALL IFOT CE USED On Friscor TX 75034 ❑IEC ED OI- CELIED 172❑335-3580 UPO-I AS A FILIAL michael.marxi---imley-horn.com SUi-i-IE-IIDD CU Ej_iT STATE OF TEXAS § COUNTY OF COLLIN § I-lefore mel the undersigned authority -a ❑otary Public in and for said County and State on this day personally appeared Michael C. Marx❑mown to me to be the person whose name is subscribed to the foregoing instrument and aconowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of officel-this ❑❑❑❑❑❑❑❑❑❑❑❑❑C❑ day of -I FE 201 _1 ❑❑E-1-1JICC CC❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑C❑❑ ❑otary Public in and for the State of Texas Printed Flame My Commission Expires GENERAL NOTES: 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "C❑A"-Unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate Systerl CAD83CCorth Central Done 4202. All dimensions shown are ground distances. To obtain a grid distance multiply the ground distance by the Pro_ect Combined Factor PCF-of 0=1185C573. ❑ertical Datum DA-D 88. FLOOD STATEMENT: According to Map ❑o. 48085CO155-iidated Crane 2201i the ❑ational Flood Insurance Program Map -Flood Insurance ❑ate Map of Collin County:-TexasiFederal Emergency Management AgencyFederal Insurance Administration❑this property is located in -'one X -Ui nshadedl �Cwhich is not located in a 100-year floodplain. If this site is within an identified special flood ha-ard area❑this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions -greater floods can and will occur and flood heights may be increased b man-made or natural 9 Y Y causes. This flood statement shall not create liability on the part of the surveyor. Approved this I IF Ii-1❑❑1 1❑ day of 1 11 1 1II 11 1 111 lI II -1 II J1 II IFFT1 1T1_-1 201-1- by the City Council of the City of AnnarTexas. Mayor City Secretary LEGEND OU_DA ! LI_E EASEME T LI. E - UILDI G LI E F I O OD FOU !D FC I O OD FOU iD IT CAP I SC I O OD SET IT CAP IPF I O PIPE FOU_D TS OT TO SCALE C.M. CO T, OLLI G MO UME T F D. FOU D .L. ..UILDI. !G LI_E P. .C.C.T. PLAT ECO IDS OF COLLI I COU IT TEXAS .P. .C.C.T. EAL P OPE T ECO IDS OF COLLI COU T TEXAS XS "X" CUT I CO C'. !ETE SET XF "X" CUT I CO C' ETE FOU D P.O. POI TOFI EGI_ I G LII IE TA 1LE LI1 iE TA iLE 0. it :I iG LE GT" _ 10. 1 ii I -iG LE -GTI- L1 S89°46'1YE 2. 11_ L15 N89°46'13"W 25.21 _ L2 N89°46'1YW 57.03_ 1 S45°13'47"W -107❑ L3 S00°13'47W 4.0011 L17 S00°13'47W 11.28n L4 N89°46'1YW 10.00 L18 S43°49'07"W 15.40�1 L5 NOO°13'47"E 4.00' L11- NO3°55'31"W 15.00I_i L 1 NO3°02'30"E 15.02- L20 NO2°34'53"W 5.000I L7 N00°13'47"E 24.00- L21 N87°25'07"E 17.50u L8 S89°46'1YE 10.00- L22 S02°34'53"E 5.001_1 L S00°13'47"W 24.00 L23 N43°49'07"E 3.41 ❑ L10 S84°25'07"W 73.45 L24 1\10013'47"E 11.4_u L11 S89°46'1YE 11.1 _- L25 N45°13'47"E 18.50u L12 N87°33'03"E 5.1_4_ L21 S89°46'1YE 31.42 L13 S89°46'1YE 15.00_ L27 S06°3811"E 12.481 L14 N84°25'07"E 53.1_CI- L28 N89°46'13"W 7.21_u CU 1 11 IE TAI !LE -10. DELTA ADIUS LE -GTI C1nOrID-EA❑I-G CI-OED C1 90,00,001, 5.001_ 7.851_1 N50°34'53"W 7.071_1 C2 91°39'22" 54.001_1 81_.38_ S49°45'12"E 77.41. 11 C3 87'1117" 54.00❑ 82.17- S46°38'08"W 74.4711 C4 28°20'59" 12.00- 5.C4i= S83°14'09"W 5.881-i C5 68°49'53" 30.00 31-.04-- S34°38'43"W 33.11 C'! ! 90°00'00" 10.00- 15.71- S44°46'13"E 14.14, 1 C7 87'1117" 30.00I_i 45._5u S46°38'08"W 41.371_I C8 89°59'59" 30.00u 47.12u N44°46'1YW 42.43u C 1 1 84' 11'20" 30.00 i_I 44.08 a N42° 19'27"E 40.221_1 C10 91°39'22" 30.00-I 47.-IC❑ S49°45'12"E 43.040 C11 96°51'58" 10.00_- 11! 1-1 - S41°47'48"W 14.-ii-❑ C12 24-13-31" 20.00- 8.4NC N77°39'28"W 8.3C1-1 WAL-MART ANNA ADDITION BLOCK A, LOTS 2R AND 3R ❑EPLAT OF ❑LOC❑ A❑LOTS 2 A❑D 3 2.10❑4 AC❑ES OUT OF TEE T❑OMAS ❑ATTO❑ SU❑❑E❑❑A❑ST❑ACT ❑O. 782 CITE OF All ❑A❑COLLI ❑ COU ❑T❑❑TEXAS MA❑❑201 ❑ w Q THE CITY OF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve Resolution Authorizing the City Manager to Execute a Statement of Work and Subscription Agreement with Dude Solutions, I nc. for SmartGov Professional Services for Permitting, Inspections, Planning/Zoning, Business Licensing and Code Enforcement and Related Software. (Ashley Stathatos) SUMMARY: High Priority Strategy: Development/Building Review: Evaluation and Process Improvements In the City's new Strategic Plan, staff was tasked with evaluating the development/building review process and making improvements to it. Staff's evaluation found several areas to improve upon including the need for a clearer understanding of the review process and status of projects as well as quicker turnaround times for issuance of building permits and certificates of occupancy. In response to these issues, staff developed a list of twenty-four (24) action items to move forward on that would provide more clarity to the development community and increase service levels. Of these twenty-four (24) action items, new software would provide these benefits among others: 1 ) Automate processes 2) Take redundant steps out of processes and procedures 3) Cut down on review times 4) Allow for electronic payments 5) Move towards a paperless system 5) Increase communication with the development community 6) Allow for progress to be measured more definitively Of the companies that provide software, staff is recommending Dude Solutions, SmartGov Platform. After an extensive review of over eight different platforms, staff felt the SmartGov platform most closely fit the needs of Anna. The SmartGov platform has modules for permits, plan review, building inspections, business licensing, contractor registration, code enforcement and more. It is scalable and able to grow with the city. It is intuitive and simple to navigate. It is one of the easier software packages to implement, per the experience of other cities. After a thorough vetting, staff feels secure in recommending Dude Solutions, SmartGov platform. The first year's subscription is $25,721. The cost for implementation and services would be $46,520 and billed as services are received. STAFF RECOMMENDATION: Approve Resolution Authorizing the City Manager to Execute a Statement of Work and Subscription Agreement with Dude Solutions, Inc. for SmartGov Professional Services for Permitting, Inspections, Planning/Zoning, Business Licensing and Code Enforcement and Related Software. ATTACHMENTS: Description SmartGov Statement of Work Dude Solutions Brochure Upload Date Type 7/3/2019 Staff Report 7/3/2019 Staff Report . Dude Solutions PREPARED FOR City Of Anna Ashley Stathatos Managing Director of Community Services 312 North Powell Parkway Anna, TX 75409 PREPARED BY Dude Solutions, Inc. PUBLISHED ON June 03, 2019 Software for Smarter Operations dudesolutions.com 11000 Regency Pkwy #110 1 Gary; NC 27518 F9 s s Dude Software for Smarter Operations Solutions This SOW has been defined to leverage DSI's experience, while optimizing the use of resources, thereby maximizing cost efficiencies on behalf of Client. Based on our current understanding of the complexity and scope of this effort and the expected involvement of the DSI team resources, the current estimated Fixed Price for this engagement is shown in the Investment table. This estimated cost breakdown is as follows: Pricing is based on 15 users. SmartGov Connector Financial SmartGov Connector Merchant SmartGov Connector Parcel SmartGov Public Portal SmartGov User License SmartGov Connector GIS SmartGov Connector BlueBeam Subscription Term: 3 months 3 months included at no additional cost Fees Configuration (Pages) Department Types / General Configuration Project Management Financial Connector Configuration Merchant Connector Configuration Parcel Connector Configuration Portal Configuration Onsite Training 3 day Package Map Connector Configuration Digital Mark-up Tool Connector Configuration Total Initial Investment dudesolutions.com 11000 Regency Pkwy #110 / Gary, NC 27518 Subtotal: $0.00 Subtotal: $46,520.00 V$46,520.00 USD Dude Solutions Pricing for the First 12 month Renewal Term is $28,059.00. Software for Smarter Operations The above level of effort and associated pricing is based on the SMARTGOV package selected by City Of Anna and is subject to change based on defined client requirements that may be discovered during project delivery. Any identified project scope or requirements changes will be addressed via DSI Change Control Authorization ("CCA") process. dudesolutions.com 11000 Regency Pkwy #110 1 Cary, INC 27518 IM Dude Software for Smarter Operations �- Solutions Introduction Dude Solutions, Inc. ("DSI") is pleased to submit this Statement of Work ("SOW") to City Of Anna for SmartGov Professional Services. SmartGov streamlines permitting, planning/zoning, Inspections, code enforcement, and business licensing, providing efficiency for your jurisdiction and enhanced customer service for your citizens. The package City Of Anna has chosen for implementation of SmartGov will be implemented using proven processes and methodologies managed by an experienced project manager dedicated to delivering a successful project. DSI looks forward to the opportunity to deliver these services and the ever -lasting development of a strong business partnership. Definitions In addition to the terms defined elsewhere in this SOW, the following terms have the following meanings: "Change Control Authorization" or "CCA" means any request by the client to modify the scope of work, schedule, or costs will require preparation of a Change Control Authorization ("CCA" or "change order") form detailing the work to be performed, as well as the associated costs and schedule impact. Additional work will be performed only after both parties have duly executed the CCA. Scope of work changes will impact the project schedule which will be updated to reflect such changes upon CCA approval. "Closing Phase" means the phase that represents the completion of a project where all metrics are finalized, all deliverables are complete and accepted by client, and all remaining billing/invoicing takes place prior to project closure and acceptance. "Deliverable Acceptance Form" means the form that is a standard PMO form used for client to agree to accept a deliverable as complete and final. "Escort" means the client provided resource/person to take Dude Solutions, Inc. ("DSI") resources around client facilities and provide access to restricted areas agreeable between client and DSI as needed. "Executing Phase" means the phase of the project where deliverables are developed and completed. "Fixed Price/Fixed Fee/Fixed Price Project" means the project pricing includes all services, tasks, and expenses associated with the client project. "Monitoring and Controlling Phase" means the phase for measuring project progression and performance and ensuring that everything happening aligns with the project management plan. "Onsite Services Completion" means onsite services have been completed and when necessary, the Deliverable Acceptance form will be used to document the completion of deliverables provided during the onsite services visit. "Orientation Call" or "Project Kick -Off Call" means the call/meeting which begins the project and proper expectations are set between DSI and the client. "Output Documents" standard or custom documents generated from SmartGov "e.g. permits, Certificates of Occupancy, violation letters, business licenses, receipts" dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 A 4 Dude Software for Smarter operations Solutions "Orientation Call Completion" means the Orientation Call or Project Kick -Off Call has been completed and the project has begun and proper expectations have been set between DSI and the client. "Professional Services or Services" means professional, technical, consulting and/or other services. "Project Completion" means the project completion occurs when all deliverables of the project have been completed and accepted by the client via the Project Completion Acceptance Form. "Project Completion Acceptance Form" means the form that is a standard PMO form used for client to agree to accept a project as complete and final. "Project Management Methodology" means the manner and process used to deliver services projects. "Project Management Office" or "PMO" means the office that provides the oversight and standardized processes to consistently deliver projects in a concise, consistent, and standardized manner. The PMO manages and maintains the processes and standard templates utilized to manage DSI projects. "SmartGov Modules" means the Permitting Module (permits for all departments), the code Enforcement Module, the Business Licensing Module, and the Recurring Inspection module. "Software Component Configuration" means the components within the software have been configured per client specifications. "Statement of Work Acceptance" means the signing and accepting of the terms of the Statement of Work document by client. "Support Engagement" means the point in the project where implementation services end and product support begins. "System Configuration Completion" means the configuration items within the software have been configured per client specifications. "System Level Configuration Items" standard configurable items that are applied across departments and case templates. "Training Completion" means the onsite or virtual training has been completed and when necessary, the Deliverable Acceptance form will be used to document the completion of deliverables provided for completion of the onsite or virtual training services. "User Acceptance Testing - UAT" means that after the system is configured the client will have an opportunity to perform user level testing based on client developed test scripts. DSI will correct issues as documented and presented during this process. dudesolutions.com 11000 Regency Pkwy #110 1 Cary, NC 27518 A .. Dude Solutions Project Scope and Approach Implementation Process Overview Software for Smarter Operations In order to successfully implement the SmartGov application, DSI will work with City Of Anna to understand requirements necessary to configure and set up the SmartGov application to streamline processes related to permitting, planning/zoning, inspections, code enforcement and business licensing for your jurisdiction and citizens. Once the City Of Anna has reviewed, and approved these requirements and processes, DSI will configure and setup the application to support the City Of Anna's unique business rules. Following the configuration and modeling work, DSI will train the City Of Anna's team using its jurisdiction - specific configuration. After training, DSI will work with City Of Anna to test the work performed and provide the necessary updates to successfully implement the solution. The system will then be ready to go live in production. If the City Of Anna purchases "Go -Live Support" packages, DSI will provide support for the period of time defined in the statement of work. Customer Implementation Engagement Sessions ("CIES") Client project team representatives and DSI project team representatives will dedicate time to meet in person or via teleconference to maintain communication and conduct coordination of project activities and tasks. Deliverables Dude Solutions will provide the following task deliverables: • Project Management Meeting Schedule • Data Migration and Technical Design Meeting Schedule • Configuration Meeting Schedule • Meeting notes or recordings for all scheduled meetings The client will provide the following resources or task deliverables: • A complete project team roster, including email addresses, phone numbers, and roles / titles • Necessary communication / information to allow all project schedules to be finalized • Timely response to task -related emails or phone calls to enable on -time completion of all assignments • A minimum of 24-hour notice if all minimum required members for any scheduled meeting cannot attend the meeting. This will allow the meeting coordinator sufficient time to cancel or re -schedule the meeting as necessary Assumptions and Constraints • Initial proposed meeting plans from DSI will reflect the minimum recommended frequency, duration, participants (byjob title or role), topics, and action items to address the full SOW • Final meeting plan will be approved by the client key sponsor(s) • Coordination and integration of the PM meeting, data migration, technical design meeting, and configuration meeting will align with the scope of the project, client organizational structure, and assigned resources • The Client will provide dedicated knowledgeable technical resource available for questions • The Client will provide a dedicated knowledgeable resource for mapping analysis dudesolutions.com 11000 regency Pkwy #110 1 Cary, INC 27518 A Dude Software for Smarter Operations Solutions • The Client will provide read only access and screen shots for various permits/case types to provide context to DSI data migration specialists • The Client will provide resources for validation throughout the process • Client will provide side -by -side data entry for 2 weeks prior to go -live • Response time for questions is one business day • DSI may require up to 3 backups of data for each database throughout the process Planning, Initial Set Up & System Level Configuration Configuration begins with planning and analysis necessary to establish the overall configuration approach. After planning, and once the approach is documented and agreed to, DSI will set up the SmartGov environments to support implementation. DSI implementation specialists begin configuration with system level items or items that apply generally across all departments and types of configuration items. Setup of environments to support SmartGov implementation and configuration of core items in each SmartGov module that are specific to City Of Anna 's requirements. These core items are defined/configured at the client level [i.e. these are configurable items that will be standard or shared across all departments and configuration types]. Deliverables Dude Solutions will provide the following task deliverables: • A Configuration Plan document that includes: • Identified current and future state business processes to be supported by the final product via the configuration work effort • Recommended approach to configuration that supports the identified business processes and activities • Configuration details for all permit, inspection, license, and code enforcement types to be configured in SmartGov. All templates required for creating the configuration types will be created in SmartGov based on requirements gathered in meetings with the client • SmartGov Environments to support the implementation process including: • Configuration (Dude Solution access only for configuration) • Validation (client has access for testing, can be refreshed with configuration copy upon request) • Training • Weekly configuration status reports (in PDF format) generated from the client specific configuration instance of SmartGov. These reports serve as the primary source to demonstrate core configuration elements, status, and needs Jurisdiction configuration, per Configuration Plan, to include as needed: • Parcel and/or address information management • Contact information management • Contractor license information management • Receipt/transaction information management • Inspection scheduling information management • Configurable screen display settings • User configuration per Configuration Plan, to include as needed: dudesolutions.com 11000 regency Pkwy #110 1 Cary, INC 27518 IM Dude Solutions • Individual User Rights • Available Departments • Available Distribution Groups • Available Inspection Qualifications • Available Security Groups • Job configuration per Configuration Plan, to include as needed: • Default list of available queued jobs • Queued job parameters Software for Smarter Operations Administrative & shared configuration rules per Configuration Plan, to include as needed: • Administrative processing rules where available in the configurable Jurisdiction Values list • Standard status options for cases, submittal items, workflow steps, step actions, inspection types, inspection actions, accounts, and intervals • Standard expiration rules • Standard online processing rules [for the portal] • Standard reports available across all case types Assumptions and Constraints • The Configuration Plan will be based on information delivered to, or collected by, the DSI Implementation Specialist within a specified time frame established at the project kick-off • During the development of the Configuration Plan, the client provides representatives for all work units with work activity to be supported by the final delivered product • Client will provide access to the appropriate leaders and/or subject matter experts to ensure meaningful engagement at all required meetings and to ensure on -time completion of assigned action items • Client will provide access/links to any public, or private, web sites or operating systems, if needed, to gather complete business requirements • The Configuration Plan can meet client requirements and can be fully executed within existing product design in all modules • The Configuration instance will be solely owned by the DSI Implementation team and serves as the primary source for the final delivered product design • The Validation instance will be sole source used by the client to complete all assigned configuration UAT tasks • The Training instance will be used solely by members of the client project team to assist in understanding SmartGov functionality. It will contain default data sets and serves as a temporary "sand box" for assigned users. • The client will designate one person on their project team to serve as the final decision -maker for all system level configuration elements. These are configured settings that are shared across SmartGov modules, and/or are settings common to all departments / divisions / users • When configuration tasks, or related work effort, requires information to be submitted to the DSI Implementation team in a specific file format or within specified parameters, the client is able to comply with these stated requirements dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, NC 27518 0M 8 Dude Solutions Software for Smarter Operations • Note: If the client cannot provide information in the DSI standard format, the assigned Project Manager will determine if a formal Change Request or additional contracted SOW is needed to provide assistance in developing or converting the information into the desired format Module Case / Department Types SmartGov implementation activities include the set up of case templates in one or more of these modules: Permitting, Licensing, Code Enforcement and Recurring Inspections. These case templates must be used to create records in SmartGov in each module. Your DSI Implementation Specialist will provide specific information about the minimum required elements to be configured for the case templates in each module; these required case template elements do vary by module. Deliverables Dude Solutions will provide the following task deliverables: • Case template baseline elements, per the Configuration Plan, to include as needed: • Case record reference information • Template specific expiration, renewal or interval rules • Template specific default submittal list • Template specific details (custom attributes) that are required for any of the following: application intake, workflow step completion, inspection completion, fee calculation, or mandatory regulatory reporting • Template specific default workflow steps for Admin, Review, and Final work lists • Template specific default inspection list • Template specific list screens such as Bonds, Fixtures, Valuations, Violations, Citations, Lien, or Items • Once baseline case template configuration is completed, any expanded configuration beyond baseline must be discussed during Configuration Meetings with the Implementation Specialist and approved by the assigned PM. Expanded configuration elements, if approved, may include • Non -essential custom attributes • Work step dependencies and due dates • Step actions and Inspection actions • Default Parent -Child case linkages • Workflow cycling feature • Template specific tab appearance • Standard note types and note codes • Standard condition types and conditions • Standard code references • Template specific report links The client will provide the following resources or task deliverables: • Specific lists of all types of applications, forms, or other documents that describe all services to be supported by SmartGov at the time of project "Go Live" • This list should be inclusive of all in -scope departments • This list should conform to requested formatting and scope instructions, as communicated by DSI dudesolutions.com 11000 regency Pkwy #110 1 Cary, INC 27518 0M Dude Software for Smarter Operations Solutions • A PDF or Word version of all customer -facing documents (forms, letters, cards, etc.) expected to be generated by SmartGov • A publicly accessible URL, or electronic copies of reference information, that provide all pertinent state, county or local regulatory information that are known to impact business operations to be supported by SmartGov • A fully approved version of the template validation workbook • Approval via email or other written correspondence of any other identified forms, as requested by the Implementation Specialist Assumptions and Constraints • The scoped number of department templates for this SOW are 25 types. If the number of department types identified during the configuration work effort exceed the number of types scoped for this SOW, the additional types may be introduced into the scope of the project via the DSI CCA process once signed and approved by the DSI Project Manager and the client Project Manager. • Case template configuration will be completed within existing product design in each module. • DSI will configure each application or request type in the SmartGov module that best supports the associated workflow. The primary goal of configuration of case templates is to optimize SmartGov capability • Note: This assumption means that recommended case template configuration mayor may not align with current internal customer naming convention or legacy system design • The total number of case templates to be configured across all modules will be stated in the Configuration Plan. This total may vary from the initial sales order, where applicable, if approved by the DSI Project Manager • A complete list of case templates to be configured across all modules will be approved by the client key sponsor, or their delegate, no later than the third Configuration Meeting • Baseline configuration for case templates identified in the Configuration Plan will be completed before any expanded template configuration work will be done • Baseline configuration for case templates listed in the Configuration Plan will support the end -to -end work steps that correspond to each default SmartGov Process State in the applicable module. • If case templates or department types are identified during the configuration work effort, that are not documented in the original Configuration Plan or exceed the number of types scoped for this SOW, the additional templates or types may be introduced into the scope of the project via the DSI CCA process once signed and approved by the DSI Project Manager and the client Project Manager. • Super Admin training will include how to maintain or update case templates Financial Setup and Fees Pages Configuration of GL Accounts and Fee Codes as needed to support financial transactions for any business activity to be supported by SmartGov. Deliverables Dude Solutions will provide the following task deliverables: • A weekly Fee List Report that reflects all configured active fees and their associated GL Accounts • Configuration of permitting module fee codes necessary to support all configured case templates dudesolutions.com 11000 Regency Pkwy #110 ] Cary, NC 27518 J 10 Dude Solutions Software for Smarter Operations • Configuration of Licensing module fee codes necessary to support all configured case templates • Configuration of Code Enforcement module fee codes necessary to support all configured case templates • Configuration of Recurring Inspection module fee codes necessary to support all configured case templates • Configuration of other fee codes required to support routine transaction activity including NSF ("Non - Sufficient Funds") fees, administrative fees, fines, regulated surcharges, convenience fees, and the like • Configuration of fast track fees, deferred fees, and tax exempt fees within current product design. • Configuration of the timing during the workflow process that each fee will be assessed and may have payment applied against the fee within current product design • Configuration elements as needed to support online [ SmartGov portal] payments • Setup and definition of Fees Pages The client will provide the following resources or task deliverables: • A copy of all current fee schedules for all in -scope departments and business functions • A current list of GL Accounts • The last two monthly or quarterly relative financial reports • A copy of any other operating document that contains pertinent information regarding any assessed charges, surcharges, potential fines, etc • Contact information for one or more subject matter experts in the appropriate finance departments. This is to facilitate efficient information gathering from both operating and finance departments / divisions Assumptions and Constraints • All fee codes will be configured within existing product design • A GL Account list approved / authorized by the client's finance department is provided to the DSI Implementation Specialist. This GL Account list will be limited to accounts associated to fee codes to be configured in SmartGov • GL Accounts and Fee Codes will be configured with product design parameters • All configured fee codes will be derived from documented fee schedules or comparable client documentation provided to the DSI Implementation Specialist. Updated fee schedules or related documents that are provided after the initial versions may be incorporated into the final configuration if there is no adverse impact on the project schedule • Fee codes will be configured to optimize SmartGov capability, and therefore may not be identical to legacy system fees • Determination of the specific fee codes to be defaulted within each module case template will be determined by the designated client project team member • Validation of case templates will include validation of fee code functionality • User security rights will address fee code management within current product capability • Super Admin training will include instructions for maintenance of GL Accounts and configured fee codes Portal Configuration Setup Configuration of required elements to enable in -scope functionality associated with the SmartGov online portal, as stated in the Configuration Plan. dudesolutions.com 11000 'Regency Pkwy #110 J Cary, INC 27518 J M Dude Solutions Deliverables Dude Solutions will provide the following task deliverables: Software for Smarter Operations • A Portal Validation site to demonstrate and test Portal configuration • Information regarding Portal set up options • A Portal setup workbook template The client will provide the following resources or task deliverables: A fully completed and approved Portal Set up workbook Any written content to be visible in portal that is not configurable • Resources to test Portal configuration Assumptions and Constraints • The client will be responsible for taking steps to integrate the SmartGov portal into existing online sites • Online payments will not be enabled without also purchasing the Merchant Services connector • The client will be able to determine the level of online integration with their business processes, within existing product design • Portal configuration will occur along with configuration of module case templates. • Validation tasks will include distinct tasks to approve Portal set up • Portal user security will be defined using existing product functionality • Super Admin training will include information about options for the client to maintain / update portal configuration Parcel Connector Setup The parcel connector is an optional feature that is used to keep the parcel repository in SmartGov up to date. Parcel data that is typically maintained in a county assessor's system is used as the primary reference for modules in the SmartGov application. Parcel profile information, such as Parcel Number, Site Addresses, Current Owner, Legal Description, Section, Township, Range, Quarter, Subdivision, Block, Lot, and Neighborhood, is accommodated in standard data fields. Additional attribute data may also be stored in our custom detail area. Additionally, if the associated latitude and longitude data is available, those coordinates can be added to the parcel record to allow users to geographically locate information on the map. Deliverables Dude Solutions will provide the following task deliverables: • A tested, working parcel connector along with a list of unresolvable errors to be addressed Assumptions and Constraints • Parcel Connector required fields supplied Map (GIS) Connector Setup The Map (GIS) connector allows for the display and viewing of a geographical map based on parcel data provided in SmartGov. The Map (GIS) connector will display layers on the SmartGov map based on the clients current Geo-database. Deliverables dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 12 Dude Software for Smarter Operations Solutions • Map layers configured and available for display on the SmartGov map • Parcel layer registered in SmartGov for use with SmartGov popup • Ability to turn layers on and off • Training to configure layers going forward Assumptions and Constraints • Client will provide GIS Layer information and provide shape files or services to setup and consume GIS layers • Layers are required to be hosted on an ESRI server • Layers must be available via HTTPS • Server must have valid security certificate • Layer formats supported: • Map Services • Feature Services • Tiled Services • Web Map Service (WMS) Financial Connector Setup The receipt extract for the Financial Connector is a job process that allows SmartGov to export data in electronic file format that can then be imported into an external financial management system ("FMS"). The purpose of receipt extract is to automate the export process and allows users to update their preferred FMS with the selected receipt data generated in SmartGov. The extract is provided in a comma delimited file format that is run as an on -demand job within the SmartGov application. The file format and export settings are fully customizable depending on the needs of the client FMS. These export setting will be defined early on during the planning phase, so all stakeholders have a clear understanding on the type of data that needs to be included in the extract file. Deliverables • Financial Reports with summary and detail information processed in the system: • Receipt detail • Reconciliation Reports • Financial reports for daily extract validation Assumptions and Constraints • Client will provide Financial Management System ("FMS") data access for extracts • Client to provide list of data elements for the connector integration • FMS data will be extracted into a .txt file for SmartGov consumption • Extractjobs can be scheduled or run manually Merchant Service Connector Setup SmartGov's public portal can be configured to interface with 3rd party payment gateways to accept credit card transactions. SmartGov does not store any credit card information or other sensitive information relating to credit card transactions processed via the portal. Most payment gateway providers will transition the user from dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 NM 13 Dude Software for Smarter Operations Solutions the SmartGov site to their own secure site in order to complete the transaction before redirecting the user back to SmartGov. This allows the payment gateway provider to maintain the secure information and pass only necessary information, such as a confirmation or transaction reports, to SmartGov. The first step to implement the connector is for DSI to build the interface between SmartGov and the selected payment provider. If the provider is new, DSI will first need to build the technical backend process to enable electronic transactions to/from SmartGov. Once the initial backend setup is complete, SmartGov can be configured to process payments. Each payment gateway provider has different sets of specifications that they require to be sent to their system to authenticate payment information. When DSI builds a connector to a payment gateway provider, a new option will become available in the Payment Vendor drop down menu on the Administration Portal Payment Configuration page. If a payment gateway provider does not have a connector to SmartGov, no option will be available in the drop down menu. The payment gateway provider should provide the necessary information to the Jurisdiction in order to complete the setup process. Administrators may be asked to provide additional URLs to SmartGov pages for navigation purposes. Deliverables • Configure the Merchant Service connector to process payments for client services and transactions processed in SmartGov • Configure the 3rd party payment gateway to accept credit card transactions Assumptions and Constraints SmartGov does not store any credit card information or other sensitive information relating to credit card transactions processed via the portal Merchant Services Gateway Payment Provider Partners include: • ACI Universal (Official Payments) - Integrated Level 1 Payment Process - Postback v2.4 • Authorize.NET Service Integration method (SIM) • BridgePay • ETS Corporation - Hosted E-Com Payment Page Service v1.50< • First Data Global Gateway Connect v1.3 • First Data Global Gateway E4 • FISGlobal - PayDirect Web • GovPay • PACE Technology Engine • PayPal - Pay Flow Pro • Point & Pay - Parameter Passing v3.0 • PayGov • Paymentus • Reliant Pay • TransFirst • US Bank - E-Payment Service v12.1 (Elavon) • Wells Fargo • XpressBillPay dudesolutions.com 11000 regency Pkwy #110 ] Cary, INC 27518 A 14 17Dude Software for Smarter Operations -3) Solutions Digital Markup Tool Setup Configuration to support electronic plan review utilizing Bluebeam Prime Studio. Deliverables • Enable the Bluebeam connector • Configure selected permit types to allow electronic plan review • Configure specified submittal requirements for the electronic plan review process • Instruction on the configuration and use of the Bluebeam integration Assumptions and Constraints • Electronic plan review is only available in the Permitting module • Only .PDF files are eligible for electronic plan review • Training in the use of Bluebeam software will not be included • Client is responsible for any 3rd party licenses to be acquired for the connector Standard Reports (70 Reports Included) DSI will provide the client reports (reports and output documents) that includes 70 standard reports. Normal modifications to these reports to entail updating client specific information and logos not related to data output. • Custom Reports: SmartGov comes with 70 standard reports and output documents. Using tools in SmartGov, client staff can add the client's logo and modify header and footer information. Deliverables • 70 standard reports Assumption and Constraints • Modification to standard reports will be related to Client branding and logos Training Onsite Training Onsite training will be performed at the client facility of their choice with the appropriate personnel present. The scope of onsite training is detailed below. Training Options • Onsite Training Package (3 days) (Includes Travel Expenses) • Onsite Training Package (4 days) (Includes Travel Expenses) • Onsite Training Package (2 days) (Includes Travel Expenses) dudesolutions.com 11000 regency Pkwy #110 ] Cary, INC 27518 J 15 Dude Software for Smarter Operations Solutions General Objective - Provide comprehensive "Train -the -Trainer" training to a core group of Client staff SmartGov Users/Administrators in a clear and concise fashion. The training curriculum will follow the standard SmartGov training and will focus on preparing trainers to conduct training sessions for all client end users. The quote includes "custom services" to prepare training materials for the training. Specific Objectives - Training is divided into modules based on department and/or role. Dude Solutions recommends this structure so that similar operational schemas are represented in each block of instruction. For example, the Licensing Administrator training would occur at a different time than general back -office user training. Experience shows this model offers a more collaborative learning experience and results in maximum value from the training investment. User instruction focuses on the performance of day-to-day front desk functions conducted using SmartGov. User topics include permit and license processing, payment/fee collection, and case management • Super User (Administrator) instruction focuses on the setup and maintenance of background information specific to the Client. Administrator topics include creating users/security groups and determining workflow steps. Additionally, administrators gain requisite knowledge to effect customization changes as well as addressing simple problems that users may encounter Dude Solutions provides all training materials/user manuals as leave -behind tools which also serve as technical references for basic use, simple troubleshooting, and aid with knowledge retention. Administrator Training SmartGov technical training will focus on the Client's staff who will administer the program. The Client's SmartGov administrators should participate in the initial trainer training. System Administrator training covers all aspects of maintaining the SmartGov system at the client level. System administrators will learn how to create project templates, template values, map out the approval process, create a conditions library, and other tasks to help users manage projects in an efficient and consistent manner. The training also outlines how to add new users and assign appropriate roles and security levels. Training Objectives: • Create lookup lists • Create and maintain templates • Create workflow processes • Set up and update fees and fee schedules • Maintain active users and user roles • Assign inspections to inspectors • Manage reports and reporting groups • Set up print configurations • Manage project approval process • Manage parcel information • Manage complaint information End -User Training dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 A 16 Dude Software for Smarter Operations Solutions DSI designed the SmartGov training program to ensure satisfaction and success when using the system. DSI trains all users and IT support personnel on all aspects of the system. Training Objectives: • Improvement in user awareness and ability to use the system • Sufficient technical knowledge transfer for successful systems support • Ease of training program maintenance after end -of -project contract The instructor -led training courses take student trainers and super -users through the complete operation of the various functional areas of the system, highlighting how operations and activities in specific areas affect others within the overall business context. At the end of this training cycle, the participants will understand how to perform specific operations and how the system works overall. Participants will also receive special tips on how to effectively coach and train others to use the application successfully. Training covers functions related to permits, licensing, planning actions, inspection, and code enforcement activities from application intake and receipt through inspections and occupancy. Users learn how to create applications, manage the approval process, assign conditions, collect fees, and create certificates of occupancy, handling the project from submittal to final status. Training Objectives: • Create and process applications • Manage workflow processes • Manage the permit and plan review life cycle • Look up, search, and query projects • Create invoices and collect fees • Create system reports • Manage contact information • Manage contractor information • Manage code enforcement information • Manage inspector and inspection information • Manage parcel information Inspector Training Inspector training is specifically tailored for site inspectors and focuses on the system functionality they will use in their day-to-day activities and the inspection module. Participants learn how to enter and search for permits, document inspection results, schedule inspections, note issues and irregularities, and generate reports. Training Objectives: • Manage inspections • Create a new inspection • Change assigned inspector • Print reports and inspection schedules • Create and run form letters for notification and information requests • View and filter user -to-do list from the mobile app • Conduct and record inspections in the field with the mobile app dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, INC 27518 A 17 Dude Solutions • Take pictures and attach to the case from the mobile app • Query system data from the mobile app • Access and view permit data from the mobile app • Generate documents and letters in the field from the mobile app Code Enforcement Training Software for Smarter Operations Training is specifically tailored for code enforcement officers or users who track citizen requests and code violations. This class focuses on the system functionality they will use in their day-to-day activities and the code enforcement module. Participants learn how to enter and search for cases, note issues and violations, and generate reports. The mobile app training educates participants on how to input data while working in the field. Training Objectives: • Understand the code enforcement and Inspection Assistant modules • Create new cases • Create new case actions • Manage case and action assignments • Create and manage a code violation library • Create and run reports • Create and run form letters for notification and information requests • View and filter user -to-do list from the mobile app • Conduct and record case investigations in the field with the mobile app • Take pictures and attach to the case from the mobile app • Query system data from the mobile app • Access and view permit data from the mobile app • Generate documents and letters in the field from the mobile app Adhoc Report Training Adhoc report training provides training for SmartGov's adhoc report tool, Exago. This overview will provide the training necessary to create, format, organize, and schedule reports in Exago. Training Objectives: • Navigate the Adhoc Report site • Use of: Contents, Index & Search Tabs on the Adhoc Reports page • Manage Folders • Manage Report types • Create & Search for Report/s • Add Formatting to reports • Add Parameters & Summary Functions to Report/s • Duplicate Selected Report/s and Folders • Schedule Selected Report/s • Execute Selected Report/s • Delete reports dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, NC 27518 A 18 Dude Software for Smarter Operations Solutions Digital Markup Training The Digital Markup training is contingent on the client's decision to include or not include this feature. Digital markup training provides users a thorough understanding of how to use the tools and features of the Digital Markup module in SmartGov, as well as how to use the tool within the configured workflow of the digital plan review process. Participants in this training will learn how to upload electronic plan review documents and/ or receive the documents via the citizen portal. Once the documents are deemed accepted, the user will learn how to route the documentation to various departments for time sensitive reviews. The users will also learn how to manage planning documents for markup. Corresponding deficiency letters will be generated based on comments entered during the plan review, and users will have multiple options for communicating this information to the applicant/contractor. Training Objectives: • Upload/receive electronic documents necessary for review • Route the documents and send notifications to various departments for timeline sensitive reviews • Mark up documents, add comments, and code references using the Electronic Plan Review software • Generate deficiency letters and/or other pertinent letters for communication of plan review status • Manage the submittal/resubmittal versions of plan review documents and the overall review cycles in the SmartGov software Deliverables • Comprehensive training to all Client staff SmartGov Users/Administrators Assumptions and Constraints To facilitate training, we expect the client to provide: • Internet access sufficient for instructor and trainees • Projector • Printed hand-outs • Classroom/office location for on -site training Web -Based Training Web -based training will be delivered remotely by a capable SmartGov resource utilizing the DSI standard tool called "Zoom". Zoom is used to deliver remote training and meetings every day. Zoom provides the capability to present materials for training while having the participants either on the phone or using laptop/computer audio as an option. Zoom has a feature to allow different groups to divide up into breakout rooms for specific targeted training as needed. Sessions of training can also be recorded upon requested and provided to the client for retrieval from a DSI project manager's OneDrive site. Web -based is a cost -saving financial alterative to onsite training and can be tailored to the needs of the client based on the project scope. Post Go -Live Support DSI will provide the client with "Post Go -Live Support" which includes additional training, configuration support, reporting assistance, transaction based support, and work with the client on basic production related issues or questions for utilizing the system. dudesolutions.com 11000 regency Pkwy #110 ] Cary, INC 27518 A 19 Dude ,.r Solutions Deliverables Software for Smarter Operations Provide production related post go -live support for 30 days after go -live date. Assumptions and Constraints • System configuration and all implementation tasks have been completed and client is using the SmartGov system in production User Acceptance Testing "UAT" DSI will work with the client to conduct User Acceptance Testing ("UAT") upon the completion of configuration and development tasks to confirm SmartGov functionality using the client's UAT Test scripts, developed by the client. The client will execute their test scripts and communicate the results of the test scenario as either pass or fail. DSI will review the UAT test log for issues and will assign these issues to the appropriate resource for resolution. DSI will have up to ten (10) days to correct any functional item that fails a test, or provide a mutually acceptable written explanation of when the failed item will be corrected. In the event a bug is identified, the bug issue will be assigned to the DSI Engineering Team for assessment. DSI Engineering will then provide an estimated time frame for resolution. The client has the right to conduct additional UAT Testing for items within project scope. Deliverables DSI will provide the following task deliverables • SmartGov Validation environment ready for system User Acceptance Testing • Review any discrepancies found by the client during UAT Testing • Correct any functional item that fails a test within 10 days, or provide a mutually acceptable written explanation of when DSI will correct the failed item • Identified software bugs will be addressed by DSI Engineering for assessment. DSI Engineering will then provide an estimated time frame for resolution • Provide tools for documenting UAT test scripts in the UAT testing Plan and issue tracking log as needed, client may use their own UAT Testing Plan document if available The client will provide the following resources or task deliverables • Create a User Acceptance Test Plan with scenario based test scripts to include end -to -end system and client business process functionality, system workflow, system configuration, data migration, interfaces, reports, etc • Execute UAT Testing Plan • Track and document test results • Written acceptance of System User Acceptance Testing complete via the DSI Deliverable Acceptance Form Assumptions and Constraints • The client will develop a UAT Test Plan • The client will provide resources for User Acceptance Testing throughout the process dudesolutions.com 11000 regency Pkwy #110 ] Cary, INC 27518 J 20 Dude Software for Smarter Operations Solutions • The client will track and document test results in a mutually agreed format • DSI will provide resources to address discrepancies Upon successful completion of UAT Testing, Client will sign a DSI Deliverable Acceptance form, provided by the DSI Project Manager, to document their acceptance of UAT Testing and acknowledgement that UAT Testing has been completed successfully Project Management / Engagement Management The Project Manager's primary goal is to deliver the project within defined constraints through planning, scheduling, and controlling those activities required to achieve the project's objectives and meet customer expectations. The Project Manager strives to deliver on schedule, within budget, within scope, and at the desired performance level. DSI assigns a professional Project Manager and/or a professional Engagement Manager for every consulting engagement. DSI's Project Management Office ("PMO") and Project Management Methodology provides Project Managers with a formal framework that is used in initiating, planning, managing (executing, monitoring, and controlling), and closing DSI's customer projects. DSI's Project Manager will have the primary responsibility for coordinating all activities for this SOW including scheduling resources, confirming project activities and that all project deliverable and defined activities are executed within the scope of this SOW. DST's Project Manager will serve as the single point of contact for the project related to this SOW. DSI's Project Management Methodology provides a defined set of phases and deliverables per Project Management Institute Best Practices which include a series of planning phase activities, including initial alignment meetings to prepare for the kickoff meeting to enable all project participants to understand the project scope, project plan, and objectives. The project kickoff meeting will allow all participants to be introduced, review and understand the delivery methodology, define team roles and responsibilities, review the communications and risk management plans, review documentation templates, review the SOW and project schedule. The Executing phase allows DSI Project Managers to direct and manage project progress through task execution, distribute project related information per the Communications plan, Quality Assurance per the SOW guidelines, project team development and coaching, and checkpoint meetings to review project progress during each work week, and weekly status meetings. The Monitoring and Controlling phase provides the DSI PM with the toolset to manage the triple constraint triangle of scope, cost, and schedule through integrated change control, quality assurance, deliverable validation, risk monitoring and control, performance monitoring to plan and schedule, and initiating corrective action measures. In the Closing phase, the Project Manager will verify product and deliverable acceptance, perform final financial audits, lessons learned, project archive delivery and updates, and formal project completion acceptance from the customer. Project Management activities include: • Project planning and kickoff meetings • Project schedule developed per SOW tasks, deliverables, and resource assignments • Status reporting and status meeting • Continuously communicating, planning, and scheduling updates • Schedule and budget monitoring, and scope management • Risk Management planning to continuously identify, analyze, and mitigate risks • Action Item and decision tracking, as well as resolving and escalating issues dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, NC 27518 21 Dude Software for Smarter Operations Solutions • Quality Control • Change control management • DSI project resource management • Work product completion and deliverable acceptance management • Project Completion Acceptance execution Project Timeline DSI anticipates commencing this project on a mutually agreeable start date upon receipt of an executed SOW acceptance page ("Acceptance") found at the conclusion of this document. Within two weeks of the Orientation Call, the DSI Project Manager will schedule a mutually agreeable date and time for the project kick- off meeting. As a deliverable of the kick-off meeting, the DSI Project Manager will develop a project schedule to be shared with the clients' project manager for review and agreement. As a deliverable of the kick-off meeting, the DSI Project Manager will develop a project schedule to be shared with the clients' project manager for review and agreement. The following generic process will be followed for the implementation of this project. Below is a depiction of the generic process the DSI Project Manager/Engagement Manager will follow for the implementation, DSI reserves the right to modify this process to reflect the scope of this project. SMARTGGV High Level Process STARTUP MONTH 1 MONTH ] INITATION & PLANNING (DSI & CLIENT) 1-2 MONTHS SMARTGOV KICK OFF CALL REVIEW PURCHASE OF DELIVERABLES, PROJECT PHASES & NEXT STEPS DEVELOP PROJECT PLAN DISCUSS GOALS & TIMELINES REQUIREMENTS GATHER BUSINESS RULES &. COMPLETE INVENTORIES COLLECT DATA ANALYSIS & MIGRATION OF INITIAL DATA FROM LEGACY SYSTEM DATA MIGRATION DATA MAPPING FROM LEGACY SYSTEM TO SM,, ARTGOV MONTH 3 MONTH 4 NONYH I EXECUTION -VALIDATION -TESTING (VENDOR, CLIENT & DSI) 3-4 MONTHS CONFIGURATION ESTABLISH TEMPLATE & CASE RULES, WORKFLOW FEES & GLOBAL SETTINGS VALIDATION ITERATIVE PROCESS FOR DATA MIGRATION AND CONFIRMATION OF TEMPLATES, CASE TYPES, JOBS, FEES, & GLOBAL SETTINGS. REPORT DEVELOPMENT STANDARD & AD HOC REPORTING I NVENTORY, DESIGN, DEVELOPMENT, TEST & REFINE. SMARTCONNECTOR INTEGRATION CONNECTIONS ESTABLISHED BETWEEN CLIENT, DSI & VENDOR AS APPLICABLE FOR PARCEL, G;S, FINANCIAL, MERCHANT SERVICES Professional Services Invoicing / Billing dudesolutions.com MONTH E MONTH] CLOSEOUT USER ACCEPTANCE & TRAINING (DSI & CLIENT) 1-2 MONTHS WEB TRAINING FAMILIARIZE CORE PROJECTTEAM MEMBERS WITH FEATURES DURING WEEKLY MEETINGS ONSITE TRAINING FULL TIME & PART TIME USER TRAINING WITH ONSITE TRAINER WITH OPTION OF GO -LIVE SUPPORT SUPPORT SUPPORT HAND OFF BETWEEN IMPLEMENTATION TEAM & CSR OPTIMIZATION FOUR WEEKS OF POST GO -LIVE SUPPORT MEETINGS TO OPTIMIZE CONFIGURATION 11000 'Regency Pkwy #110 J Cary, INC 27518 J A 22 • Dude Solutions Software for Smarter Operations Invoicing Terms DSI will generate project invoices when the above product codes are completed for the value of the product code as shown in the Investment table. Travel Expenses Travel expenses are inclusive in Dude Solutions pricing for your project. DSI understands there are extenuating circumstances that require a change in scheduling. DSI will make every attempt to accommodate cancellation/rescheduling requests on an as -needed basis. Rescheduling requests will be subject to resource availability and every attempt will be made to meet requested timeframes and timelines, however, no guarantee can be made for requested dates or times. Client accepts that DSI will reschedule based upon our resources' next availability that meets the project duration requirement to complete the scope of work. Cancellation Policy Cancellation and Rescheduling requests will be managed per the below policy: Cancellation/Rescheduling Fees: In the event that the Client requests to reschedule their onsite work date(s), Client must reschedule 14 days in advance of the scheduled onsite work. Any requests for rescheduling onsite work within the 14-day window prior to the scheduled onsite date, will require the Client to reimburse DSI the full cost of any Cancellation Fees and Re -booking Fees incurred. Definitions: Cancellation Fees: Any actual fees incurred by DSI from its travel providers which are the result of the Client canceling work for scheduled date(s) which are not immediately rescheduled, including, but not limited to fees charged for airfare, train, rental car, and hotel. • Re -booking Fees: Any change fees associated with changing travel arrangements to accommodate a rescheduled date requested by Client including, but not limited to, any difference in reasonable travel costs (airfare increase, hotel increase, rental car increase) incurred when re -booking for requested dates. • Force Majeure: Client will not be held liable for Cancellation or Re -booking Fees incurred by DSI as a result of an act of God, such as an earthquake, hurricane, tornado, flooding, winter super storm, winter weather that shuts down a facility, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical service within a facility's power grid. DSI Project Team Roles and Responsibilities The roles listed below comprise the DSI team supporting this project. The team brings a wealth of experience and knowledge that will provide you with the highest caliber of expertise, thought leadership, and project management. Due to the size and scope of the project, one person may play multiple roles, to be determined by DSI as appropriate. dudesolutions.com 11000 regency rkwy #110 ] Cary, NC 27518 A 23 Dude Software for Smarter operations Solutions • Senior Technical Consultant: The Senior Technical Consultant ("STC") will develop and deploy the solution and ensure that it meets the business requirements for the project. The STC's goal is to deliver a responsive system that complies with the functional specification. The STC defines, designs, and implements the features or products that meet the client's functional expectations. • Implementation Specialist: The Implementation Consultants ("IS") primary role is to provide project implementation support by setting up a client's account, performing system configuration as defined in the scope of the project, creating/modifying templates as defined in the scope of the project, and creating or modifying standard or custom reports as defined in the scope of the project or requirements discovered during requirements gathering sessions. • Project Manager / Engagement Manager: The Project Manager's ("Project Manager" or "PM") / Engagement Manager's ("Engagement Manager" or "EM") primary role is to deliver the project within the project's defined constraints through planning, scheduling, monitoring progress, controlling scope, and managing client expectations. The PM/EM manages the process to release the correct product on schedule and within budget. Project Assumptions and Constraints DSI has made the following general assumptions in this SOW to derive the estimated cost for this project. It is the responsibility of City Of Anna to validate these assumptions and responsibilities before signing the Acceptance. Deviations from these assumptions may impact DSI's ability to successfully complete the project and will be addressed via a CCA process, as appropriate. Any changes in scope, schedule, or costs will be documented via the CCA process, whether there is a cost impact or not. Zero dollar CCA's will be used as mutual agreement documentation for scope and schedule changes. Project Assumptions • Client business stakeholders must be available for onsite visits and working phone conversations. • DSI resources will be onsite as planned and scheduled. • Prerequisite data gathering, related to an orientation call or requirements gathering session onsite, must be completed prior to scheduled onsite or orientation call date in order to maximize onsite consulting time and resource productivity. • DSI is not responsible for delays caused by missing data or other configuration information that is required to be available prior to the onsite visit. Having the requested data and configuration information available prior to the onsite visit may minimize delays so progress can be made quickly. • Regarding requested enhancements or new feature development, the request will be fully documented and delivered to the DSI software engineering team for review for product inclusion, definition, development, prioritization, and sprint release development and confirmation. General, Administrative, and Cost • DSI must be in receipt of this SOW, signed by an authorized Client representative, prior to initiation of services including orientation calls or onsite visits. dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 NM 24 Dude Software for Smarter operations Solutions • Asapplicable, designated deliverables must be approved in writing using the DSI Deliverable Acceptance form. • Upon satisfactory completion of project, Client must provide project sign -off using the DSI Project Completion Acceptance form. • DSI is not responsible for delays caused by Client, its contractors, or any third party vendors or third party service providers. • All project documentation will be prepared in DSI standard format in Microsoft Word, Excel, PowerPoint, Project, Visio, and/or PDF. This document could include technical inaccuracies and/or typographical errors. Any request by City Of Anna to modify the scope of work, schedule, or costs will require preparation of a CCA form detailing the work to be performed, as well as the associated costs. Additional work will be performed only after both parties have duly executed the CCA. Scope of work changes will impact the project schedule which will be updated to reflect such changes upon CCA approval. • All on -site work will be conducted at Client's physical location. As required, appropriate Client personnel will be made available either at that location or via alternate means (e.g., conference call) for in -person meetings, tours, and ad -hoc meetings with appropriate personnel for additional fact finding, data gathering, and reiteration demos. Client's Support • Client will provide the needed input, resources, and documentation to support the tasks contained herein. • Client will assign a project manager/leader to coordinate activities, reviews, and the collection of information in support of this project and to act as a point of contact. • Client team members will be identified and be part of the decision -making process as it relates to changes in process, applications, technology, etc. • Client will provide assistance in the development of functional requirements and will confirm those requirements meet the project's overall business objective. • Client business and technical staff must be available for team workshops, requirements gathering, data gathering, and/or consulting sessions. • Client will be responsible for scheduling and coordinating all meetings and interviews involving other teams, departments, jurisdictions, management teams, or other necessary resources required for the success of this project. • Client will provide access to resources in a manner consistent with the proposed schedule and provide suitable designees in the absence of required resources. • Client will provide adequate working facilities (i.e., desk, computer, telephone, contractor identification, access badge, parking pass, etc.) for DSI to perform any portion of this project that must be conducted at Client's facility and access to all applicable software, databases, tools, and systems at their facilities. dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, NC 27518 NM 25 . Dude Solutions Software for Smarter Operations • Client will ensure that the consultant(s) are granted access to the facilities and/or systems required to conduct the necessary work defined in this SOW. • Client will provide a knowledgeable Escort for data gathering, requirements gathering, tours, and access to restricted personnel as necessary. • A minimum of 24-hour notice if all minimum required members for any scheduled meeting cannot attend the meeting. This will allow the meeting coordinator sufficient time to cancel or re -schedule the meeting. • Advance notice if there is to be any additional incurred travel expenses above and beyond the contract. DSI will confirm approval of all travel dates and expenses in email from the appropriate project sponsors prior to being on site. Client Engagement Responsibilities The below table demonstrates the anticipated client engagement responsibilities and level of effort involvement to ensure the success of the project. Role Time (% FTE) Responsibilities Serve as primary Person of Contact Work with Dude PM to plan and schedule client resources Manage the scope of the paid services in SOW Coordinate Client staff assignments Manage Client activities to meet schedule commitments Implementation Project Lead 30-40% Mitigate all implementation risks Define requirement/layouts of reports purchased Identify requirements for any connectors purchased Sign -off on completion of all implementation services delivered • Attend Implementation/configuration meetings Define and provide input into configuration Subject Matter Experts (Multiple) 40-60% Attend User Acceptance and validation Training Validate data and configuration Develop UAT Test Scripts dudesolutions.com 11000 regency Pkwy #110 ] Cary, NC 27518 A 26 Dude Solutions IT Lead Data Validator / UAT Testing System Administrator Training Coordinator User dudesolutions.com Software for Smarter Operations Manage infrastructure changes to support SmartGov Provide the data to be migrated from systems 5-10% Mitigate any technical issues Coordinate technical assignments required to implement • SMARTConnectors, including GIS and parcel data Validate all data migrated Comprehend the data in the prior system and 20-30% how it translates to Community Development Verify the data that was validated • Participate in UAT Testing, execute test scripts and provide feedback Manage SmartGov Configuration Create user accounts Handle user access/privileges Reset passwords 10-15% Supervise organization information changes Regulate system values • Customize attributes Generate ad hoc reports • Support internal usage of SmartGov Manage data within SmartGov, specifically: Accreditations Task lists Training Tracks 10% Assessments Training Items Training Location (conference room, off -site, etc.) Participate in SmartGov training Case -by -Case Participate in UAT Testing, execute Test Scripts 11000 Regency Pkwy #110 J Cary, INC 27518 A 27 .. Dude ` Solutions Change Control Authorization Process Software for Smarter Operations In order to maintain a positive relationship with our clients and to complete all services and deliverables of a project on a timely basis, all facets of the project must be agreed upon, and any changes to the project must be requested and evaluated for impacts. Change control is an essential mechanism to monitor and document all project changes and deviations from the original scope and objectives of the project. All project changes must be requested via the project CCA process. The basic steps for a change are: • The client team or DSI team discovers a need to change the project. • The authorized client project manager or DSI Project Manager is notified and a CCA is initiated. • The written project change request is reviewed by all necessary parties and either accepted or rejected. • If rejected, the change request is maintained in the project file for reference purposes. • If the written change request is accepted, then: • All necessary signatures are recorded on the change request • All affected documentation is revised to reflect the change(s) • Any adjustments to schedule, scope, and/or cost are made to the overall project plan • Signatures are required for all change requests Copies of the official approved and signed CCA are forwarded to the customer project manager and DSI Project Manager for the documentation archive. DSI will forward a copy to the Project Accounting Team in the office to update the project information and budget (if necessary). Change Control Authorizations Process Steps Step Type Description A request is made for a change to the agreed upon scope baseline. The request Request may be internally or externally generated, must be formally written and communicated to the project manager, and may have been prompted by any number of reasons or events. The project manager facilitates an evaluation to confirm that the requested Evaluate change is in fact a change to the agreed upon scope baseline. If so, the project manager implements the request as described below. If the request is in fact a change to the scope baseline, the project manager 3 Assess assesses the impact on project schedule, budget and work products, using a similar approach as the original project planning process, utilizing team member expertise as needed. dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, INC 27518 28 Dude Software for Smarter operations Solutions The project manager documents the project impact and other critical 4 Document information in a CCA form. A summary of the change is recorded in a change order log. This log is required, and is a very useful tracking tool, and is included in the project status report. The change order is presented to the project's governing authority, typically a steering committee, stakeholders, or equivalent. In some cases, the project may 5 Decide have a separate change management board to process change requests. The governing authority decides whether or not to implement the change, and obtains approval for any needed additional resources (if it does not itself have the authority to authorize resource changes). The project manager incorporates changes into the project's scope baseline in 6 Incorporate the form of such artifacts as contracts, statements of work, project plans, requirements and design documents per the approved CCA document. 7 Implement The project team implements the changes. Project Terms and Conditions Statement of Work ("SOW") is entered into by and between Dude Solutions, Inc. ("DSI") and City Of Anna pursuant to and subject to the project terms and conditions ("Project Terms and Conditions") specified below. • A SOW must be signed by an authorized representative of and who has full authority to bind Client before the scheduling and delivery of any software, software support, and the commencement of Professional Services. In addition, the terms of the DSI Online Subscription Agreement as attached as Exhibit A shall apply with the terms of the SOW taking precedence in the event of a conflict. Acceptance by electronic signature is considered a valid and legally binding form of receipt." • Invoicing terms are Net 30. Invoices unpaid by Client after 30 days of the invoice date will bear interest at the lower of either (a) the rate of 1.5% per month calculated monthly or (b) the highest rate permitted by applicable law. • All applicable taxes and freight are the responsibility of Client and will appear on invoices as actual cost. • All orders are subject to credit approval. • DSI reserves the right to require that overdue Client accounts be paid to current for all prior DSI completed projects before a new SOW can be executed. • SOW must be accepted and signed by Client within 60 days after which DSI reserves the right to adjust or requote the engagement. • Employment and Subcontractors. DSI and Client agree that the employees of each may possess technical abilities that are in great demand and further agree that each party has incurred substantial expense in recruiting and training such employees and would incur even greater expense if required to replace any such employee. Therefore, DSI and Client each agree not to recruit or employ, either directly or indirectly, a present employee of the other during the term of this SOW between them, and for two (2) years following termination of this SOW. Client further agrees that during the term of this SOW and for six (6) months following the termination of this SOW, it will not, without DSI's prior written consent, dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, NC 27518 IM 29 Dude Solutions Software for Smarter Operations engage any subcontractor which DSI utilizes to provide the services contemplated under the SOW should that be the case. • Warranties on Services and Work Product: • DSI warrants that the Services shall be performed in a professional manner and to standards not less than those generally accepted in the industry. The foregoing Warranty shall not apply to any portion of a deliverable hereunder (a "Work Product") that has been modified by a party other than DSI without DSI's prior written approval. • Client's exclusive remedy and DSI's entire liability shall be the re -performance of the Professional Services. • Disclaimer. Except as expressly provided in this SOW, with respect to the services and the work product, DSI makes and Client receives no other warranties, expressed or implied, and expressly includes all warranties of merchantability and fitness for a particular purpose. • Term and Termination: The term of this SOW shall be effective and binding, and commence on the date signed by Client and shall terminate as provided herein or upon written acceptance of the work performed with final payment received. Termination Without Cause. Either party may terminate this SOW for any reason or no reason by providing the other party with one hundred and twenty (120) days prior written notice. Termination for Breach. Except for a party's breach of its confidentiality obligations under this SOW, or any other agreement, current, and existing between both parties (which breach shall give the non -breaching party the right to automatically and immediately terminate this SOW), if either party is in material breach of this SOW, the non -breaching party may provide a written notice to the breaching party specifying the nature of the breach. The breaching party shall have thirty (30) days from receipt of such notice to correct the breach. If the breach is not cured within such period, the non -breaching party may terminate this SOW by providing the breaching party with written notice of termination. Consent to extend the thirty (30) day cure period shall not be withheld unreasonably if the breaching party has commenced cure efforts during such period and pursues cure of the breach in good faith. Notwithstanding the foregoing, if Client is in breach of the payment terms of this SOW and does not correct such breach within ten (10) business days of notice from DSI, DSI may terminate this SOW, and may suspend performance under any other SOW in progress, pending receipt of payment in full. Other Termination. Either party may terminate this SOW immediately upon the occurrence of any of the following events with respect to the other party: (a) a receiver is appointed for either party or its material assets; (b) either party becomes insolvent, generally unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors or seeks relief under any bankruptcy, insolvency or debtor's relief law; (c) if proceedings are commenced against either party, under any bankruptcy, insolvency or debtor's relief law, and such proceedings have not been vacated or set aside within sixty (60) days from the date of commencement thereof, or (d) if either party is liquidated, dissolved or ceases operations. Payment upon Termination. Following a termination for cause by DSI under the above, Client shall, within ten (10) business days of such termination, pay DSI for all Services properly performed in accordance with this SOW, through and including the date of termination according to the fees and rates set forth in the applicable SOW. dudesolutions.com 11000 'Regency Pkwy #110 ] Cary, INC 27518 J 30 WITNESS WHEREOF, the undersigned have executed this Agreement. City of Anna, TX Signature Print Name Title Date Signed Dude Solutions, Inc. Signature Print Name Title Date Signed EXHIBIT A DUDE SOLUTIONS, INC. ONLINE SUBSCRIPTION AGREEMENT This Online Subscription Agreement (this "Agreement") shall govern Subscriber's (as defined below) access and use of the Services (as defined below) provided by Dude Solutions, Inc. (together with its direct and indirect subsidiaries, collectively, "DSI"). BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING ACCEPTANCE, BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT OR BY OTHERWISE ACCESSING AND USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. AS A RESULT, PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST NOTACCEPTTHIS AGREEMENT AND MAY NOT USE ANY SERVICE. Section 1.0 Definitions As used in this Agreement, the following terms shall have the meanings set forth below: 1.1 "Account" means Subscriber's specific account where Subscriber subscribes to access and use Service(s). 1.2 "Account User" means: (i) with respect to an Enterprise Application, each employee, consultant and contractor specified by Subscriber to access and use the Subscriber's Account; and (ii) with respect to a Named User Application, each unique Named User for which Subscriber has paid an applicable subscription fee to DSI for such Named User Application. 1.3 "Applications" means the software -as -a -service (SaaS) enterprise asset management applications designed, developed, marketed and made available by DSI, which include, without limitation, the following functionality: enterprise workflow, communication, content and business process logic for facilities, technology, business operations, facility scheduling, building automation, safety planning, crisis management, geographic information systems, energy and transportation management. 1.4 "Confidential Information" means any non-public information and/or materials disclosed in writing or orally by a party under this Agreement (the "Disclosing Party") to the other party (the "Receiving Party"), which (i) is designated in writing as confidential at the time of disclosure, or (ii) with respect to non-public information disclosed orally, the Disclosing Party sends the Receiving Party a written notice to Receiving Party within 15 days after oral disclosure identifying the non-public information that was disclosed as its confidential information, including when, where, how and to whom such non-public information was disclosed. For avoidance of doubt, DSI's Confidential Information shall include the source code, data structure, algorithms and logic of the Applications and Services. Notwithstanding the Dude Solutions, Inc. Online Subscription Agreement Page 1 of 14 foregoing, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a Third Party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. 1.5 "Content" means all of the audio and visual information, documents, content, materials, products and/or software contained in, or made available through, the Services. 1.6 "Documentation" means the user documentation relating to the Services, including but not limited to descriptions of the functional, operational and design characteristics of the Services. 1.7 "Dude Learn Application" means DSI's online learning management system dedicated to increasing a subscriber's time to competency in Applications, which includes, without limitation, (i) learning tracks with the "top tips and tricks" for Applications, and (ii) on -demand knowledge pathways subscribers may use to enhance their skill sets and obtain certifications for Applications. The Dude Learn Application is a Named User Application. 1.8 "Enterprise Application" means each Application that is not a Named User Application. 1.9 "Highly -Sensitive Personal Information" means an Account User's (i) government -issued identification number (including social security number, driver's license number or state -issued identified number), (ii) financial account number, credit card number, debit card number, credit report information, in each case with or without any required security code, access code, personal identification number or password that would permit access to such Account User's financial account; and/or (iii) biometric data. 1.10 "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and all regulations promulgated thereunder (45 C.F.R. §§ 160-164), as amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act and all regulations promulgated thereunder, as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), as amended from time to time. 1.11 "Intellectual Property Rights" means all ideas, concepts, designs, drawings, packages, works of authorship, processes, methodologies, information, developments, materials, inventions, improvements, software, and all intellectual property rights worldwide arising under statutory or common law, including without limitation, all (i) patents and patent applications owned or licensable by a party hereto; (ii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications and mask work registrations; (iii) rights related to protection of trade secrets and Confidential Information; (iv) trademarks, trade names, service marks and logos; (v) any right analogous to those set forth in clauses (i) through (iv); and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired. 1.12 "Named User" means, with respect to a Named User Application, each unique, identified named user for which Subscriber has paid an applicable named user subscription fee to DSI for such Named User Application. 1.13 "Named User Application" means an Application that DSI (i) limits access and use thereof to Named Users, and (ii) for which the applicable subscription fee is determined based upon the number Dude Solutions, Inc. Online Subscription Agreement Page 2 of 14 of Subscriber's Named Users. 1.14 "Privacy Policy" means the DSI privacy policy, as amended from time -to -time, which can be viewed by clicking the "Privacy" hypertext link located on www.dudesolutions.com. 1.15 "QuickStart Service" means, with respect to each Service, DSI's unique implementation service that is provided to Subscriber with respect to such Service. A DSI advisor is provided by DSI to Subscriber in connection with QuickStart Services in order to help facilitate smooth transition and boost Subscriber adoption of the applicable Services. 1.16 "Services" means each of the Application(s) subscribed to by Subscriber pursuant to this Agreement. Subscriber shall specify each of the Services that Subscriber shall subscribe to as part of its Account registration process. 1.17 "Subscriber" means the legal entity identified on the Account. 1.18 "Subscriber Data" means all data and information provided by or on behalf of Subscriber to a Service, including that which the Account Users input or upload to a Service. 1.19 "Subscription Fee" means, with respect to each Services subscription, the annual subscription fee invoiced to Subscriber by DSI prior to the Initial Term and each applicable Renewal Term for such Services subscription, which is required to be paid in order for Subscriber to be permitted to access and use the Services in such Services subscription. 1.20 "Third Party' means a party other than Subscriber or DSI. Section 2.0 Use of the Service; Proprietary Rights 2.1 Use of Service. (a) Subscription. Subject to the terms of this Agreement (including, without limitation, the responsibilities, limitations and restrictions set forth in this Section 2.1 and payment of the Subscription Fees required hereunder), DSI shall permit Subscriber's Account Users to access and use the Services during the Term, including access and use of all of the Content contained in or made available through the Services. Subscriber agrees that it shall use the Services solely for internal business purposes, and access and use of the Services shall be limited to Account Users. (b) Account Setup. To subscribe to the Services, Subscriber must establish its Account, which may only be accessed and used by its Account Users. To setup an Account User, Subscriber must provide DSI (and agree to maintain, promptly update and keep) true, accurate, current and complete information for such Account User. If Subscriber or any applicable Account User provides any information that is untrue, inaccurate, not current or incomplete, DSI has the right to immediately suspend or terminate Subscriber's Account and usage of the Services and refuse any and all future use, provided that the Subscriber's Account and usage of the Services shall be restored upon its correction of any untrue, inaccurate, not current or complete information that was entered unintentionally by the Subscriber or any applicable Account User. Each Account User must establish and maintain a personal, non -transferable password, which shall not be shared with, or used by, any other Third Party. Subscriber may not transfer an Account User's right to access and use the Services to a different user; provided, however, that a Named User's right to access and use a Named User Application may be reassigned to a new Named User Dude Solutions, Inc. Online Subscription Agreement Page 3 of 14 replacing such Named User if such replaced Named User has terminated its employment or its relationship with Subscriber or otherwise changes its job status or function within Subscriber and, as a result, no longer requires ongoing use of the applicable Named User Application. Subscriber shall be solely responsible for any and all activities that occur under its Account, including all acts and omissions of its Account Users. Subscriber shall notify DSI immediately of any unauthorized use of its Account and/or any other breach of security of the Services that it suspects or becomes aware of. (c) Subscriber Responsibilities. Subscriber shall: (i) take appropriate action to ensure that non -Account Users do not access or use the Services; (ii) ensure that all Account Users comply with all of the terms and conditions of this Agreement, including the limitations and restrictions set out in Section 2.1(d); (iii) be solely responsible for the accuracy, integrity, legality, reliability and appropriateness of all Subscriber Data created by Account Users using the Services; (iv) access and use the Services solely in compliance with the Documentation and all applicable local, state, federal, and foreign laws, rules, directives and regulations (including those relating to export, homeland security, anti -terrorism, data protection and privacy); (v) allow e-mail notifications generated by the Services on behalf of Subscriber's Account Users to be delivered to Subscriber's Account Users; and (vi) promptly update and upgrade its system as requested or required in order to ensure continued performance and compatibility with upgrades to the Services. Subscriber shall be responsible for any breach of this Agreement by Account Users and any access or Use of the Services by persons other than Account Users. (d) Limitations and Restrictions. Subscriber agrees that it shall not, and shall not permit any Third Party to, directly or indirectly: (i) modify, alter, revise, decompile, disassemble, reverse engineer, create derivative works or attempt to derive the source code of any Service; (ii) assign, transfer, lease, rent, sublicense, distribute or otherwise make available any Service, in whole or in part, to any Third Party, including on a timesharing, software -as -a -service or other similar basis; (iii) share Account login information or otherwise allow access or use the Services to provide any service bureau services or any services on a similar basis; (iv) use any Service in a way not intended by DSI or for any unlawful purpose; (v) use any Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of Third Party privacy rights; (vi) copy, frame or mirror any part or content of the Services, other than copying or framing on Subscriber's own intranets or otherwise for Subscriber's own internal business purposes; (vii) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Services; (viii) remove, obscure, cover or alter any copyright, trademark, patent or proprietary notice affixed or displayed by or in the Services or related documentation; (ix) perform load tests, network scans, penetration tests, ethical hacks or any other security auditing procedures on the Services; (x) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (xi) access any Service in order to build a competitive product or service, copy any features, functions or graphics of any Service or monitor the availability and/or functionality of any Service for any benchmarking or competitive purposes; (xii) store, manipulate, analyze, reformat, print, and display the Content for personal use; (xiii) upload or insert code, scripts, batch files or any other form of scripting or coding into the Services; and (xiv) store Highly -Sensitive Personal Information. Highly -Sensitive Personal Information should not be entered into the Services, as there are no data fields requesting this type of information. It is the Subscriber's responsibility to enforce this policy for fields beyond DSI's control such as a description or notes field. DSI reserves the right in the future to scan input data and block certain information such as social security numbers or credit card numbers. (e) Additional Guidelines. DSI reserves the right to establish or modify general practices and limits concerning use of the Services, including without limitation, the maximum number of days that Dude Solutions, Inc. Online Subscription Agreement Page 4 of 14 Subscriber Data shall be retained by the Services and the maximum disk space that shall be allotted on DSI servers on Subscriber's behalf. DSI shall provide at least sixty (60) days' prior notice of any such modification. DSI also reserves the right to block IP addresses originating a Denial of Service (DoS) attack or IP addresses causing excessive amounts of data to be sent to DSI servers. DSI shall notify Subscriber should this condition exist and inform Subscriber of its action. Once blocked, an IP address shall not be able to access the Services and the block may be removed once DSI is satisfied corrective action has taken place to resolve the issue. (f) Third Party Software. The Services may incorporate and/or embed software and other technology owned and controlled by Third Parties. Any such Third Party software or technology that is incorporated and/or embedded into any Service shall be provided to Subscriber on the license terms set forth this Agreement, unless additional or separate license terms apply as indicated by DSI. To the extent that the Services link to any Third Party website, application or service, the terms and conditions thereof shall govern Subscriber's rights with respect to such website, application or service, unless otherwise expressly provided by DSI. DSI shall have no obligations or liability arising from Subscriber's access and use of such linked Third Party websites, applications and services. 2.2 Proprietary Rights. (a) Subscriber acknowledges and agrees that (as between Subscriber and DSI) DSI retains all ownership right, title, and interest in and to the Applications, the Services, the Documentation and the Content, including without limitation all corrections, enhancements, improvements to, or derivative works thereof (collectively, "Derivative Works"), and in all Intellectual Property Rights therein or thereto. To the extent any Derivative Work is developed by DSI based upon ideas or suggestions submitted by Subscriber to DSI, Subscriber hereby irrevocably assigns all rights to modify or enhance the Applications and the Services using such ideas or suggestions orjoint contributions to DSI, together with all Intellectual Property Rights related to such Derivative Works. Nothing contained in this Agreement shall be construed to convey to Subscriber (or to any party claiming through Subscriber) any Intellectual Property Rights in or to the Applications, the Services, the Documentation and the Content, other than the rights expressly set forth in this Agreement. (b) DSI acknowledges and agrees that (as between Subscriber and DSI) Subscriber retains all ownership right, title, and interest in and to the Subscriber Data, including all Intellectual Property Rights therein or thereto. Notwithstanding the foregoing, Subscriber hereby grants DSI a non-exclusive, royalty - free license to display, distribute, transmit, publish and otherwise use the Subscriber Data to improve the Services and the performance of DSI, including without limitation, submitting and sublicensing the Subscriber Data to Third Parties for analytical purposes, provided that (i) such Third Parties have entered into a written agreement with DSI to maintain the confidentiality of the Subscriber Data and (ii) DSI shall not specifically identify the Subscriber Data as originating from Subscriber when providing the Subscriber Data to such Third Parties. (c) Subscriber acknowledges the Services may utilize Third Party software and/or tools (each, a "Third -Party Tool") under a license granted to DSI by one or more applicable Third Parties (each, a "Third - Party Licensor"), which licenses DSI the right to sublicense the use of the Third -Party Tool solely as part of the Services. Each such sublicense is nonexclusive and solely for Subscriber's internal use and Subscriber shall not further resell, re -license, or grant any other rights to use such sublicense to any Third Party. Subscriber further acknowledges that each Third -Party Licensor retains all right, title, and interest to its applicable Third -Party Tool and all documentation related to such Third -Party Tool. All confidential or Dude Solutions, Inc. Online Subscription Agreement Page 5 of 14 proprietary information of each Third -Party Licensor is Confidential Information of DSI under the terms of this Agreement and shall be protected in accordance with the terms of Section 8.0. Section 3.0 DSI Responsibilities 3.1 Professional Services. DSI shall provide and perform professional, technical, consulting and/or other services (collectively, "Professional Services") that are mutually agreed upon and described in one or more statements of work. Each statement of work shall be effective, incorporated into and form a part of this Agreement when duly executed by an authorized representative of each of the parties. Each statement of work shall (i) describe the fees and payment terms with respect the Professional Services being provided pursuant to such statement of work, (ii) identify any work product that shall be developed pursuant to such statement of work, and (iii) set forth each party's respective ownership and proprietary rights with respect to any work product developed pursuant to such statement of work. DSI represents and warrants that all such Professional Services shall be performed in a professional and workmanlike manner. 3.2 Subscriber Data. DSI shall not edit or disclose any information regarding Subscriber's Account, including any Subscriber Data, without Subscriber's prior permission, except in accordance with this Agreement. Notwithstanding the foregoing, DSI is hereby permitted to provide certain statistical information (e.g., usage, average costs or time values, or user traffic patterns) in aggregated and de - identified form to Third Parties or to other Application subscribers. 3.3 ImDlementation and Support. (a) DSI shall, in exchange for Subscriber's payment of a non-refundable QuickStart fee for a Service, provide the QuickStart Service for such Service. Subscriber is responsible for scheduling the timing and delivery of each QuickStart Service with DSI. The QuickStart Service with respect to a Service must be performed within the six (6) month period immediately following the date Subscriber initially subscribes to such Service. DSI shall not be obligated to provide the QuickStart Service with respect to a Service after the expiration of such 6-month period. (b) During the Term DSI shall, as part of Subscriber's Subscription Fees, provide telephone and e-mail support ("Support Services") to Subscriber during the hours of 8:00 a.m. (Eastern time) to 6:00 p.m. (Eastern time), Monday through Friday, excluding holidays. 3.4 Availability. DSI shall use commercially reasonable efforts to make the Services available (i) 99.9% of the time during the hours of 6:00 a.m. (Eastern time) to 10:00 p.m. (Eastern time), Monday through Friday, excluding holidays ("Business Hours"), and (ii) 99.5% of the time, determined on a twenty- four (24) hours a day, seven (7) days a week basis. Availability shall be calculated on a monthly basis. For purposes of calculating availability, the Services shall not be deemed unavailable during any period arising from: (i) routine system maintenance that is performed weekly during non -Business Hours; (ii) scheduled downtime for extended system maintenance (of which DSI shall give at least 8 hours' prior notice and which DSI shall schedule to the extent reasonably practicable outside of Business Hours); and (iii) any unavailability caused by circumstances beyond DSI's reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, non-DSI software or hardware, or denial of service attack. Dude Solutions, Inc. Online Subscription Agreement Page 6 of 14 3.5 Protection of Subscriber Data. DSI shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Subscriber Data. In addition, if Subscriber is a "Covered Entity" under HIPAA, DSI is Subscriber's "Business Associate" under HIPAA, and any Subscriber Data provided by Subscriber to DSI in their capacities as a Covered Entity and Business Associate, respectively, DSI and Subscriber shall enter into a Business Associate Agreement (the form of which shall be reasonably satisfactory to DSI). DSI shall notify Subscriber within seventy-two (72) hours of any unauthorized use of its Account and/or any other breach of security of the Services that it suspects or becomes aware of that results in the unauthorized disclosure of or otherwise compromise Subscriber Data and/or Highly -Sensitive Personal Information. Section 4.0 Third Party Interactions 4.1 Relationship to Third Parties. In connection with Subscriber's use of the Services, Subscriber may: (i) enter into correspondence with and/or participate in promotions of advertisers or sponsors showing their goods and/or services through the Services; (ii) purchase goods and/or services, including implementation, customization, content, forms, schedules, integration and other services; (iii) exchange data, integrate, or interact between Subscriber's Account, the Services and a Third Party provider; (iv) be offered additional functionality within the user interface of the Services through use of the Services' application programming interface; and/or (v) be provided content, knowledge, subject matter expertise in the creation of forms, content and schedules. Any such activity, and any terms, conditions, warranties or representations associated with such activity, shall be solely between Subscriber and the applicable Third Party. DSI shall have no liability, obligation or responsibility for any such correspondence, purchase, promotion, data exchange, integration or interaction between Subscriber and any such Third Party. 4.2 Ownership. Subscriber is the owner of all Third Party content and data loaded into the Subscriber Account. As the owner, it is Subscriber's responsibility to make sure it meets its particular needs. DSI shall not comment, edit or advise Subscriber with respect to such Third Party content and data in any manner. 4.3 No Warranty or Endorsement. DSI does not warrant any Third Party providers or any of their products or services, whether or not such products or services are designated by DSI as "certified," "validated," "premier" and/or any other designation. DSI does not endorse any sites on the Internet which are linked through the Services. DSI is providing these links to Subscriber only as a matter of convenience, and in no event shall DSI be responsible for any content, products, or other materials on or available from such sites. 4.4 Additional Terms. The Disclaimer of Warranties (Section 7.1) and Limitation of Liability (Section 7.3) set forth herein shall apply to all Third Party interactions. Section 5.0 Subscription Fees 5.1 Subscription Fees. Subscriber shall, on or before the commencement of the Initial Term of a Service subscription, pay to DSI the Subscription Fee for such Service subscription. Thereafter, DSI shall invoice Subscriber for each applicable Subscription Fee at least sixty (60) days prior to the commencement of the applicable Renewal Term. Unless Subscriber provides written notice of non - renewal in accordance with Section 6.1, Subscriber agrees to pay all Subscription Fees no later than thirty (30) days after the receipt of DSI's applicable invoice therefor. Subscriber is responsible for providing Dude Solutions, Inc. Online Subscription Agreement Page 7 of 14 complete and accurate billing and contact information to DSI and notifying DSI of any changes to such information. Except as otherwise specified herein, Subscriber's payment obligations are non -cancelable and Subscription Fees paid are non-refundable. 5.2 Automatic Payments. Subscriber shall, upon the written request from DSI, establish and maintain valid and updated credit card information or a valid ACH auto debit account (in each case, the "Automatic Payment Method"). Upon establishment of such Automatic Payment Method, DSI is hereby authorized to charge any applicable Subscription Fee using such Automatic Payment Method. 5.3 Reimbursable Expenses. DSI's Professional Service fees do not include travel, lodging or other expenses incurred by DSI unless specified on the Statement of Work. Subscriber shall reimburse DSI for all travel, lodging, communications, incidentals and other out-of-pocket expenses as they relate to the performance of Professional Services rendered by DSI to Subscriber. 5.4 Renewal Charges. DSI maintains the right to increase Subscription Fees and other applicable fees and charges in connection with each Renewal Term. 5.5 Taxes. DSI's fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). Subscriber is responsible for paying all Taxes associated with its purchases hereunder. If DSI has the legal obligation to pay or collect Taxes for which Subscriber is responsible under this Section 5.4, DSI shall invoice Subscriber and Subscriber shall pay that amount unless Subscriber provides DSI with a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriber agrees to indemnify and hold DSI harmless from any encumbrance, fine, penalty or other expense which DSI may incur as a result of Subscriber's failure to pay any Taxes required hereunder. For clarity, DSI is solely responsible for taxes assessable against DSI based on its income, property and employees. Section 6.0 Term and Termination 6.1 Term. This Agreement commences on the date Subscriber establishes its Account and continues until all Services subscriptions hereunder have expired or have been terminated (the "Term"). The initial term of each Services subscription shall be for a period of one (1) year (the "Initial Term"). Thereafter, each Services subscription shall automatically renew for successive one year periods (each, a "Renewal Term") unless either party has provided written notice of its intent to not renew such Services subscription not less than thirty (30) days prior to the expiration of the then -current Initial or Renewal Term applicable to such Services subscription. Notwithstanding the foregoing or any other provisions of this Agreement, all funds for payment by the Subscriber under this contract or any related statement of work are subject to the availability of an annual appropriation for this purpose by the Subscriber's governing body. In the event of non -appropriation of funds by the City Council of the City of Anna for the goods or services provided under this Agreement or any associated statement of work, the Subscriber will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by DSI on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Dude Solutions, Inc. Online Subscription Agreement Page 8 of 14 6.2 Termination of Agreement for Breach. DSI may terminate this Agreement prior to the expiration of the Term if Subscriber commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after written notice of such breach is given by DSI; provided that if the breach involves a failure of Subscriber to pay any of the fees required under this Agreement, the cure period shall be reduced to ten (10) days. Without limiting the foregoing, in the event of a breach that gives rise to the right by DSI to terminate this Agreement, DSI may elect, as an interim measure, to terminate one or more of Subscriber's Services subscriptions and/or suspend its performance hereunder (including, without limitation, Subscriber's right to access and use the Services and the Account) until the breach is cured. DSI's exercise of its right to elect any interim measure shall be without prejudice to DSI's right to terminate this Agreement upon written notice to Subscriber. 6.3 Termination of Services Subscription. (a) Either party may terminate a Services subscription prior to the expiration of its applicable term if the other party breaches any term of this Agreement or such Services subscription and, if such breach is capable of cure, such breach is not cured by the breaching party within thirty (30) days after receipt of written notice of such breach from the non -breaching party; provided that if the breach involves a failure of Subscriber to pay any of the fees required under this Agreement, the cure period shall be reduced to ten (10) days. (b) Subscriber may terminate any Services subscription (other than a Services subscription for the Dude Learn Application, which is not terminable for convenience) at any time for convenience by providing DSI forty-five (45) days' prior written notice to the following email address: clientsuccess@dudesolutions.com. Upon termination by Subscriber pursuant to this Section 6.3(b), Subscriber may request in writing and be granted a refund in an amount equal to: (i) the Subscription Fee prepaid by Subscriber for the one-year term during which such termination is effective, multiplied by (ii) the number of full months remaining in the applicable one-year term (determined based upon the effective date of termination), (iii) divided by twelve; provided, however, that if DSI receives Subscriber's written notice of termination pursuant to this Section 6.3(b) within the first sixty (60) days after the commencement of the Initial Term, DSI shall refund to Subscriber the entire Subscription Fee for the Initial Term. For avoidance of doubt, no refund shall be granted with respect to fees for training, import or project management, and/or other professional services. 6.4 Stop Providing Service. DSI may, upon 180 days' prior written notice to Subscriber, terminate provision of a Service as a hosted offering. Upon such termination Subscriber may request in writing and be granted a refund in an amount equal to: (i) the Subscription Fee prepaid by Subscriber for such Service for the one-year term during which such termination is effective, multiplied by (ii) the number of full months remaining in the applicable one-year term (determined based upon the effective date of termination of such Service), (iii) divided by twelve. 6.5 Effect of Termination. Upon termination of this Agreement, (i) Subscriber's access and use of the Services shall automatically cease, and (ii) DSI shall have no obligation to maintain the Subscriber Data or to forward the Subscriber Data to Subscriber or any Third Party. 6.6 Survival. The following portions of this Agreement shall survive termination of this Agreement and continue in full force and effect: Sections 2.1(d), 2.2, 6.4, 7, 8 and 9. Termination of this Agreement, or any of the obligations hereunder, by either party shall be in addition to any other legal or equitable remedies available to such party, except to the extent that remedies are otherwise limited hereunder. Dude Solutions, Inc. Online Subscription Agreement Page 9 of 14 Section 7.0 Disclaimers and Indemnification 7.1 Disclaimer of Warranties. DSI AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. DSI AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (1) THE USE OF THE SERVICES SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR -FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (11) THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) ANY STORED DATA SHALL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (V) ERRORS OR DEFECTS SHALL BE CORRECTED; (VI) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS - IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DSI AND ITS LICENSORS. 7.2 Indemnification. (a) Indemnity by DSI. DSI shall defend, indemnify and hold harmless Subscriber from any loss, damage or expense (including reasonable attorneys' fees) awarded by a court of competent jurisdiction, or paid in accordance with a settlement agreement signed by Subscriber, in connection with any Third Party claim (each, a "Claim") alleging that Subscriber's use of the Services as expressly permitted hereunder infringes upon any United States patent, copyright or trademark of such Third Party, or misappropriates the trade secret of such Third Party; provided that Subscriber (x) promptly gives DSI written notice of the Claim; (y) gives DSI sole control of the defense and settlement of the Claim; and (z) provides to DSI all reasonable assistance, at DSI's expense. If DSI receives information about an infringement or misappropriation claim related to the Services, DSI may in its sole discretion and at no cost to Subscriber: (i) modify the applicable Service(s) so that it no longer infringes or misappropriates, (ii) obtain a license for Subscriber's continued use of the applicable Service(s), or (iii) terminate the Subscriber's Account subscriptions for the applicable Service(s) upon prior written notice and refund to Subscriber any prepaid Subscription Fees covering the remainder of the term of the terminated Account subscriptions. Notwithstanding the foregoing, DSI shall have no liability or obligation with respect to any Claim that is based upon or arises out of (A) use of the applicable Service(s) in combination with any software or hardware not expressly authorized by DSI, (B) any modifications or configurations made to the applicable Service(s) by Subscriber without the prior written consent of DSI, and/or (C) any action taken by Subscriber relating to use of the applicable Service(s) that is not permitted under the terms of this Agreement. This Section 7.2(a) states Subscriber's exclusive remedy against DSI for any Claim of infringement of misappropriation of a Third Party's Intellectual Property Rights related to or arising from Subscriber's use of the Services. (b) Subscriber shall defend, indemnify and hold harmless DSI from any loss, damage or expense (including reasonable attorneys' fees) awarded by a court of competent jurisdiction, or paid in accordance with a settlement agreement signed by DSI, in connection with any Claim alleging that the Subscriber Data, or Subscriber's use of the Services in breach of this Agreement, infringes upon any United States patent, copyright or trademark of such Third Party, or misappropriates the trade secret of such Dude Solutions, Inc. Online Subscription Agreement Page 10 of 14 Third Party; provided that DSI (x) promptly gives Subscriber written notice of the Claim; (y) gives Subscriber sole control of the defense and settlement of the Claim; and (z) provides to Subscriber all reasonable assistance, at Subscriber's expense. This Section 7.2(b) states DSI's exclusive remedy against Subscriber for any Claim of infringement of misappropriation of a Third Party's Intellectual Property Rights related to or arising from the Subscriber Data or Subscriber's use of the Services. 7.3 Limitation of Liability. IN NO EVENT SHALL DSI, IN THE AGGREGATE, BE LIABLE FOR DAMAGES TO SUBSCRIBER IN EXCESS OF THE AMOUNT OF SUBSCRIPTION FEES PAID BY SUBSCRIBER TO DSI PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE LAST ACT OR OMISSION GIVING RISE TO THE LIABILITY. UNDER NO CIRCUMSTANCES SHALL DSI OR ANY THIRD -PARTY LICENSOR HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOSS OF PROFITS, OR CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF DSI OR THE APPLICABLE THIRD -PARTY LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUBSCRIBER AGREES THAT DSI'S CRISIS MANAGER AND SAFETY CENTER APPLICATIONS (COLLECTIVELY, "SAFETY APPS") IS A DOCUMENTATION TOOL ONLY, AND THAT EACH OF THE SAFETY APPS IS NOT INTENDED TO PROVIDE EMERGENCY SERVICES OR PROTOCOLS, PROCEDURES OR ACTION PLANS IN THE EVENT OF A CRISIS OR EMERGENCY. SUBSCRIBER FURTHER AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR: (1) CREATING AND MAINTAINING ITS EMERGENCY ACTION PLAN WITHIN EACH RESPECTIVE SAFETY APP, (2) ENSURING THAT SUBSCRIBER'S EMPLOYEES, CONTRACTORS AND OTHER PERSONNEL ARE PROVIDED ACCESS TO ITS EMERGENCY ACTION PLAN WITHIN THE SAFETY APPS, AND (3) CONTACTING (E.G., CALLING 911) EMERGENCY SERVICES IN THE EVENT OF AN ACTUAL CRISIS OR EMERGENCY. DSI SHALL HAVE NO RESPONSIBILITY OR LIABILITY AS A RESULT OF THIS AGREEMENT AND/OR SUBSCRIBER'S USE OF THE SAFETY APPS FOR DECISIONS MADE OR ACTIONS TAKEN OR NOT TAKEN IN THE EVENT OF A CRISIS OR EMERGENCY. Section 8.0 Confidentiality 8.1 Protection of Confidential Information. The Receiving Party agrees that it shall (i) hold the Disclosing Party's Confidential Information in strict confidence and shall use the same degree of care in protecting the confidentiality of the Disclosing Party's Confidential Information that it uses to protect its own Confidential Information, but in no event less than reasonable care, (ii) not use the Confidential Information of the Disclosing Party for any purpose not permitted by this Agreement; (iii) not copy any part of the Disclosing Party's Confidential Information except as expressly permitted by this Agreement, (iv) limit access to the Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. 8.2 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding Dude Solutions, Inc. Online Subscription Agreement Page 11 of 14 to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party shall reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. 8.3 Remedies. Recipient acknowledges that Disclosing Party would have no adequate remedy at law should Receiving Party breach its obligations relating to Confidential Information and agrees that Disclosing Party shall be entitled to enforce its rights by obtaining appropriate equitable relief, including without limitation a temporary restraining order and an injunction. Section 9.0 Miscellaneous 9.1 Authority. Subscriber represents and warrants that: (i) it has full right, title and authority to enter into this Agreement; and (ii) this Agreement constitutes a legal, valid and binding obligation of Subscriber, enforceable against it in accordance with its terms. 9.2 Acceptance of Privacy Policy. All data and information provided by Subscriber through its use of the Services is subject to the Privacy Policy. By using the Services, Subscriber accepts and agrees to be bound and abide by the Privacy Policy. 9.3 Governing Law. This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed under the laws of the State of Texas, without regard to the principles of conflict of laws. Each of DSI and Subscriber hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 9.4 Relationship of the Parties. DSI is performing pursuant to this Agreement only as an independent contractor. DSI has the sole obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement, except as otherwise agreed upon by the parties. Nothing set forth in this Agreement shall be construed to create the relationship of principal and agent between DSI and Subscriber. DSI shall not act or attempt to act or represent itself, directly or by implication, as an agent of Subscriber or its affiliates or in any manner assume or create, or attempt to assume or create, any obligation on behalf of, or in the name of, Subscriber or its affiliates. 9.5 Waiver. No failure or delay by either party in enforcing any of its rights under this Agreement shall be construed as a waiver of the right to subsequently enforce any of its rights, whether relating to the same or a subsequent matter. 9.6 Assignment. Subscriber shall have no right to transfer, assign or sublicense this Agreement or any of its rights, interests or obligations under this Agreement to any Third Party and any attempt to do so shall be null and void. DSI shall have the full ability to transfer, assign or sublicense this Agreement or any of its rights, interests or obligations under this Agreement. 9.7 Force Majeure. Subject to the limitations set forth below and except with respect to any payment obligations of Subscriber, neither party shall be held responsible for any delay or default, including any damages arising therefrom, due to any act of God, act of governmental entity or military authority, explosion, epidemic casualty, flood, riot or civil disturbance, war, sabotage, unavailability of or interruption or delay in telecommunications or Third Party services, failure of Third Party software, insurrections, any general slowdown or inoperability of the Internet (whether from a virus or other cause), or any other similar event that is beyond the reasonable control of such party (each, a "Force Majeure Event"). The occurrence of a Force Majeure Event shall not excuse the performance by a party unless that Dude Solutions, Inc. Online Subscription Agreement Page 12 of 14 party promptly notifies the other party of the Force Majeure Event and promptly uses its best efforts to provide substitute performance or otherwise mitigate the force majeure condition. 9.8 Notices. Except as otherwise specified in this Agreement, all notices, instructions, requests, authorizations, consents, demands and other communications hereunder shall be in writing and shall be delivered by one of the following means, with notice deemed given as indicated in parentheses: (a) by personal delivery (when actually delivered); (b) by overnight courier (upon written verification of receipt); (c) by certified or registered mail, return receipt requested (upon verification of receipt); or (d) solely with respect to notices to Subscriber, via electronic mail to the e-mail address maintained on Subscriber's Account. All notices to DSI shall be addressed as follows: Dude Solutions, Inc.,11000 Regency Parkway, Suite 110, Cary, NC 27518 Attn: Legal Operations, with a copy to: Robinson, Bradshaw & Hinson, P.A., 101 N. Tryon St., Suite 1900, Charlotte, NC 28246, Attn: Richard Dunn. 9.9 Interpretation of Agreement. The Section headings contained in this Agreement are solely for the purpose of reference, are not part of the agreement of the parties, and shall not affect in any way the meaning or interpretation of this Agreement. Any reference to any federal, state, local or foreign statute or law shall be deemed to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. 9.10 No Third Party Beneficiaries. No person or entity not a party to this Agreement shall be deemed to be a third party beneficiary of this Agreement or any provision hereof. 9.11 Severability. The invalidity of any portion of this Agreement shall not invalidate any other portion of this Agreement and, except for such invalid portion, this Agreement shall remain in full force and effect. 9.12 Entire Agreement. This Agreement is the entire agreement between Subscriber and DSI regarding Subscriber's use of the Service and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in any purchase order or in any other order documentation is void. 9.13 Anti -Corruption; Anti -Boycott and Related Matters. Subscriber has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of DSI's employees or agents in connection with this Agreement. If Subscriber learns of any violation of the above restriction, Subscriber shall immediately notify DSI. DSI hereby verifies that it and its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, as amended or redesignated, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, 'boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. DSI understands 'affiliate' to mean an entity that controls, is controlled by, or is under common control with DSI and exists to make a profit. DSI further represents that neither it nor its parent company, wholly- or majority -owned subsidiaries, or other affiliates, if any, is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Dude Solutions, Inc. Online Subscription Agreement Page 13 of 14 Texas Government Code, and posted on any of the following pages of such officer's internet website:https:Hcomptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes DSI and each of its parent company, wholly- or majority - owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. DSI understands "affiliate" to mean any entity that controls, is controlled by, or is under common control with DSI and exists to make a profit. 9.14 Export Compliance. The Services, other technology DSI may make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Subscriber shall not export or re-export the Services in any form without first obtaining the appropriate United States and foreign government approvals. Each party represents that it is not named on any U.S. government denied -party list. Subscriber shall not permit Account Users to access or use the Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation. 9.15 Cooperative Use. With Subscriber's approval, the market research conducted by Subscriber during its selection process for the Services may be extended for use by other jurisdictions, municipalities, and government agencies of Subscriber's state. Any such usage by other entities must be in accordance with ordinance, charter, and/or procurement rules and regulations of the respective political entity. 9.16 Children Under the Age of 13. Websites and/or online applications and services that are collecting information from children under the age of 13 are required to comply with Federal Trade Commission (FTC) Children's Online Privacy Protection Act (COPPA). Subscriber shall not submit, and shall ensure that its Account Users shall not submit, any information from children under the age of 13. DSI does not knowingly collect personal information from children under 13. If Subscriber believes DSI might have any information from or about a child under 13, please contact DSI at: notice@dudesolutions.com or by mail at the following address: Dude Solutions, Inc., 11000 Regency Parkway, Suite 110, Cary, NC 27518 Attn: Operations. If DSI learns it has collected or received personal information for a child under 13 without verification of parental consent, DSI shall delete such information. 9.17 Modifications. DSI may revise the terms of this Agreement from time -to -time and shall post the most current version of this Agreement on its website. If a revision meaningfully reduces Subscriber's rights, DSI shall promptly notify Subscriber. Dude Solutions, Inc. Online Subscription Agreement Page 14 of 14 DUDE SOLUTIONS FOR GOVERNMENT SOFTWARE FOR SMARTER OPERATIONS Dude SolutionSTM Better Work Creates Better Communities Our goal at Dude Solutions is simple: to provide you with easy -to -use, affordable solutions to manage all your operational needs and make it easier for you to focus on what matters — maintaining an attractive, safe, well -functioning community your citizens are proud to call home. Our solutions and services help you improve communication, streamline your workflow and make more strategic decisions so you know where and how your budget and time are spent. With the right information at your fingertips, you can empower your team, transform your operations and create a better community for the people you serve. Simply put, we're here to help you do the best work of your life. vve ve naa ma Pvpn imaninp-d 'IP 611110■2r_L•J= Treatment Plants > Storm Water > Facilities > Sanitation > Water & Waste Water > Taxation Parks & Recreation > Streets > Utilities > Fleet > Permitting > Licensing > Code Enforcement 7 SEE YOUR WORK SO YOU CAN MAKE SENSE OF IT COMPARE YOUR DATA SO YOU CAN BENCHMARK IT SHARE YOUR SUCCESS SO YOU CAN PROVE IT PREDICT THE FUTURE SO YOU CAN CHANGE IT Better work, better lives. Software to Solve Every Challenge That Comes Your Way We deliver the tools you need to better serve your community. Make the difficult doable with easy -to -use software that helps you and your team streamline your processes and make better, more strategic decisions for your citizens. Our tools help you work smarter, not harder, to take your operations from good to great. No more just getting by. Own your operations and start getting ahead, with software designed to help you manage every operations challenge. WORK & ASSET MANAGEMENT Get out of that reactive maintenance rut and get clear about the state of your operations so you can make smarter decisions about your institution's future. Manage assets, inventory, work orders, work history and preventive and predictive maintenance all in one place. CAPITAL FORECASTING Have the data and confidence you need to make daily decisions that protect the future of your operations. Move from wherever you are today to managing a capital plan that is feasible and effective. COMMUNITY DEVELOPMENT Optimize permitting, licensing, code enforcement and inspection processes. Simplify taxation, ° remove administrative delays and lower overall total cost of ownership. Automate, organize and analyze workflow with a solution that integrates with operations, asset and financial systems. 0ENERGY MANAGEMENT Have clear insight into the current state of your energy usage and communicate benchmarks to your team and stakeholders. Reduce your energy spending and carbon emissions with expert help. 0 SKILLS MANAGEMENT Gain efficiencies, minimize risk and liability, and maximize productivity with a cloud -based workforce management solution that empowers you to track and manage personnel readiness, including training certifications, onboarding checklists and inspections, performance management scorecards, and inventory management. TECHNOLOGY MANAGEMENT Streamline the IT help request process so your technicians can put their focus where it counts. Improve security and provide a better user experience thanks to self -led training and trouble- shooting for help requesters. IJ)Dudeftkdio 18 I 6 DATA & INSIGHT THAT MAKE A DIFFERENCE Better data helps you operate smarter From budget and staffing to energy consumption and asset management, we'll help you: > Manage all aspects of maintenance workflow > Process stakeholder requests conveniently > Improve insight into costs and equipment workload > Help field crews be more efficient and responsive > Upgrade energy efficiency and lower utility bills > Justify decisions, expenses and requirements > Maintain safety across your staff and community There's a reason Dude Solutions is trusted by government organizations around the country. We're not about just helping you get by. We're focused on helping you get ahead. Our goal is for you to operate better each year than you did the last, and it starts with software that gives you the traction to move forward. CLEAR COMMUNICATION FOR BETTER COLLABORATION Connect to the people you serve Our tools help you and your department work better together through: > Easy, convenient requests > Mobile accessibility > Automated workflows > Custom, shareable reports > Organized, easy -to -use dashboards Dude Solutions is your partner to do your best work today — and prepare for tomorrow 77) Dude SolUtions'" THE DUDE IS BESIDE YOU With Personal Service That's Got Your Back We provide our best services, so you can do your best work. That's why we offer services that make a difference in your operations. Implementation support with online classes and group training (on -site option available) Professional services including facility condition assessments, data gathering and input, and preventive maintenance setup Legendary ongoing support via phone, email or chat The Power of the Cloud Private, secure and available around the clock, your operations management system - and your data - can be accessed from virtually any web -enabled device, anywhere in the world. With Dude Solutions, you'll also benefit from a constant flow of product innovation, and, of course, our legendary support. Dude J SolutionsTM 11000 Regency Parkway / Suite 110 Cary, NC 27518 info4dudesolutions.com or call: 866.455.DUDE (3833) Gesria Prtner Network Silver THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 7/9/2019 A) Conduct a public hearing to consider public comments regarding a request by Brian Bischoff, the owner of the property. The property is currently zoned as a Commercial Planned Development. The applicant requests to replace the existing Zoning with a revised Commercial Planned Development that will allow for a canopy for individuals who are processing orders at a restaurant drive-thru. The structure will be within the Front Building Setback. The section of property is located on the Northeast corner of Highway 75 and White St (FM 455). B) Consider/Discuss/Action approving a request by the applicant and owners of the property to replace the existing zoning with a revised, Planned Development zoning. (Maurice Schwanke) SUMMARY: The proposed user of this tract of land is Chick-fil-A. The restaurant drive-thru uses a dual lane where order takers are outside using tablets to speed up the process. Employees are standing outside in adverse weather conditions and the proposed canopy will facilitate the well-being of Chick-fil-A workers. In the staff's opinion the canopy will not adversely impact the U.S. 75 visual appeal. The Planning and Zoning Commission requested an amendment to wrap the columns of the canopy in natural stone to match the building in which the representative for Burger Engineering agreed to. STAFF RECOMMENDATION: The Planning and Zoning Commission recommended approval of the zoning request at their regularly scheduled meeting on July 1, 2019. ATTACHMENTS: Description Proposed Planned Development Concept Plan Canopy Pictures Building Elevations Land Title Survey Location Map Upload Date 7/2/2019 6/24/2019 6/24/2019 6/24/2019 6/24/2019 6/24/2019 Type Ordinance Exhibit Exhibit Exhibit Staff Report Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. (NE Corner of White St and Highway 75 Zoning Change from Commercial Planned Development to a revised, Commercial Planned Development.) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto, Brian Bischoff, has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from a Commercial Planned Development to a new, Commercial Planned Development zoning. Section 2. All regulations pertaining to the previous Planned Development (Ordinance No. 120- 2003) with the development regulations as specified by the Development Standards (Exhibit B) or amended shall be applicable to this Tract. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 9t" day of July, 2019 ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" PROPERTY DESCRIPTION LOT 4 IN BLOCK A WAL-MART ANNA ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS RATION SURVEY, ABSTRACT NO. 782, CITY OF ANNA, COLLIN COUNTY, TEXAS AND BEING KNOWN AS ALL OF LOT 4, BLOCK A, WAL-MART ANNA ADDITION, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 2017, PAGE 549, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTAINING 1.4823 ACRES OF LAND, OR LESS. SURVEYED ON THE GROUND SEPTEMBER 17rH, 2018. �Pti °Q Fq-r~�, ,[7hVID FE7R, E logo ��F.'.Qvy��. AJt / David Petree Registered Professional Land Surveyor No. 1890 BLUE SKY SURVEYING & MAPPING CORPORATION 11015 MIDWAY ROAD DALLAS, TEXAS 75229 PHONE: 214-358-4500 FAX: 214-358-4600 TBPLS NO. 10105700 Exhibit "B" Planned Development Standards 1.01 Height and Area Regulations A) Canopies for order taking shall be allowed within the 50' front building setback adjacent to Highway 75. B) All columns supporting the canopy must be wrapped 3600 in natural stone that matches the building. 15' SEWER EASEMENT INST. NO. 2017-549 CVB 3. B.C. 20'x2O' DRAINAGE EASEMENT INST. NO. 2017-549 p T.Y. s crWVO NO. RADIUS DELTA ARC CH. BEARING CHORD Cl 360.50' 29'41'48" 186.85' S 20'25'47" E 184.76' C2 489.50' 04'31'07' 38.60' S 55'18'45" W 38.59' LOT 5, BLOCK A WAL—MART ANNA ADDITION VOL. 2017, PAGE 549 P.R.C.C.T. 0 10' 20' 40' 1" =20' LEGEND tF.H. FIRE HYDRANT SET CHISELED "X" SET OFX CHISELED "X" FOUND 0F.I.R. IRON ROD FOUND (SIZE AS NOTED) OS•I•R• IRON ROD SET (SIZE AS NOTED) e— PP OVERHEAD UTILITY POLE W/ GUY uE uT UNDERGROUND ELECTRIC OR TELEPHONE L.P. �o LIGHT POLE SSMH SANITARY SEWER MANHOLE O C.O. SAN. SWR. CLEAN OUT O G.V. GAS VALVE WV• WATER VALVE CO °12 TREE Q MH MANHOLE (TYPE AS NOTED) ®SIG. Box TRAFFIC SIGNAL BOX ®TRANS. ELECTRIC TRANSFORMER BOX ATOWER ELECTRIC TRANSMISSION STEEL TOWER O CABLE UNDERGROUND CABLE MARKER SIGN B.O. BURR OAK B.C. BALD CYPRESS T.Y. TREE YAUPON FIRE LANE LOT 1, BLOCK A WAL—MART ANNA ADDITION VOL. 2017, PAGE 549 P.R.C.C.T. �EFORE y\ � 40 �0' (' 290 ROSAMOND PKWY i > 370 i 368 75 S/TE U 455 WHITE ST i Z 286 367 423 *VICINITY MAP NOT -TO -SCALE APPLICANT: CHICK—FIL—A, INC. 5200 BUFFINGTON ROAD ATLANTA, GEORGIA 30349 PHONE: (404) 765-8000 EMAIL: GETRA.SANDERS@CFACORP.COM CONTACT: GETRA THOMASON —SANDERS ENGINEER: BURGER ENGINEERING, LLC TBPE F-12997 17103 PRESTON ROAD, SUITE 180N DALLAS, TEXAS 75248 PHONE: (972) 630-3360 EMAIL: BBURGER®BURGERENGINEERING.COM CONTACT: BRYAN M. BURGER, P.E. HIGHWAY 75 ACCESS EASEMENT INST.#20131121001568290 Tier 3 - Order Point Canopy Table of Contents Tier 3 - Order Canopy Architectural Sheets A3.0-A3.7 Electrical Sheets E3.0-E3.8 Mechanical Sheets M3.0-M3.5 Date: 03.02.18 Sheet: T0.3 Drive-thru Face -to -Face Design and Construction Guidelines ry al 4- U 0 I— Q I O� O 0 ry I LU J N d I ry 07 LL c� I c �I U) Z O 0 LU � J c6 LU c ry Q O _I ry M n LLJ I- -t LO X O LU XI C) N X o \ � o Q � o N 0-) U C B 0 3 2 1 D WEST ELEVATION 3/16" = V-0" t--% o EAST ELEVATION t.J v 3/16" = V-0" 5'-5 1 /8" 9'-4" X-7 3/8" 15'-5 5/8" 4'-4" � 4'-0 1 T p 0 NORTH ELEVATION L) v 3/16" = V-0" MARK THICKNESS TYPE GLAZING TINT SCHEDULE REMARKS G1 1/4" TEMPERED CLEAR G3 1/8" (2) LAMINATED CLEAR CLEAR DUAL LAYER BUTT GLAZE G11 1/2" TEMPERED G21 1" TEMPERED CLEAR - LOW-E PROVIDE THERMALLY BROKEN AT EXTERIOR LOCATIONS G31 1" TEMPERED ACID ETCHED - LOW- PROVIDE THERMALLY BROKEN AT EXTERIOR LOCATIONS NOTES: 1. ALL GLASS TO BE G21 U.N.O. or) SOUTH ELEVATION L) L 3/16" = V-0" A301 ATTACHED CANOPY SCHEDULE Mark Description Count Overall Width Overall Depth Tie Back Mounting (Offset From Top) Integral Lighting Cl-D Exterior Canopy 5 9'-9" V-0" 0" No C1-F Exterior Canopy 1 13'-1" V-0" 0" Yes C1-G Exterior Canopy 2 13'-1" V-0" 0" No C4-B Exterior Canopy 1 5'-9" 4'-0" 2'-6" Yes C4-E Exterior Canopy 1 T-1 " 4'-0" 2'-6" Yes C4-G Exterior Canopy 1 10'-0" 4'-0" 2'-6" Yes Grand total 11 A301_FINISH SCHEDULE - EXTERIOR MODEL MARK DESCRIPTION MANUFACTURER MODELNAME NUMBER COLOR NOTE EXTERIOR BR -A BRICK VENEER (PRIMARY) ACME BRICK MODULAR PALOMA GRAY MORTAR: ARGOS SAN TAN BR-B BRICK VENEER (ACCENT) ACME BRICK MODULAR RUSTIC WHITE MORTAR: ARGOS SAN TAN CP-1 CANOPY METAL FASCIA DURA COAT DC19ST-2703 DARK BRONZE OIL RUBBED BRONZE METALLIC TEXTURE PVD CP-2 CANOPY METAL DECK WHITE SMOOTH WHITE, HIGH GLOSS EC-1 PARAPET WALL COPING DUROLAST / DARK BRONZE EXCEPTIONAL METALS (MATTE) PT-100 EXTERIOR PAINT SHERWIN WILLIAMS SHER-CRYL HIGH PERFORMANCE SW 2807 ROOKWOOD REFUSE ENCLOSURE. FINISH: ACRYLIC #B66-350 SEMI -GLOSS ON DOOR FRAMES, SATIN ON WALLS PT-113 EXTERIOR PAINT SHERWIN WILLIAMS SHER-CRYL HIGH PERFORMANCE DARK BRONZE FINISH: SEMI -GLOSS ACRYLIC #B66-350 ST-1 STOREFRONT YKK YES 45 DARK BRONZE (MATTE) BRICK EXPANSION JOINT LEGEND n ALIGN EJ WITH JAMB 3 ALIGN WITH EXTENT OF BRICK ABOVE n2 ALIGN EJ WITH CORNER OF WALL 4 PLACE EJ AS DIMENSIONED NOTE: EJ SEALANT COLOR TO MATCH MORTAR COLOR. 9 C CD A Z P F_ LU 00�0 o °0 0 0 °CD °(i)�� 0 Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 P: (404) 765 8000 MAYSE & ASSOCIATES,INC. Architecture o Planning Construction Management ■ 14881 Quorum Dr. Suite 800 Dallas, Texas 75254 Phone: (972) 386-0338 Fax: (972) 386-0578 www.MayseAssociates.com 6/4/2019 3:00:15 PM FSR#04191 BUILDING TYPE / SIZE: LE / ALL RELEASE: v2 19.05 REVISION SCHEDULE NO. DATE DESCRIPTION N/A N/A CONSULTANT PROJECT # 18078 PRINTED FOR PERMITTING DATE 6/4/2019 3:00:15 PM DRAWN BY Designer Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. SHEET EXTERIOR ELEVATIONS SHEET NUMBER 3 2 i A=302 PLANNING DEPARTMENT AGENCY: CITY OF ANNA PLANNING & DEVELOPMENT ADDRESS: 3223 N. POWELL PKWY, ANNA, TX 75409 CONTACT: MR. MAURICE "MORRIS" SCHWANKE PHONE: 972-924-2616 EMAIL: MSCHWANKE®ANNATEXAS.GOV ZONING DEPARTMENT AGENCY: CITY OF ANNA PLANNING & DEVELOPMENT ADDRESS: 3223 N. POWELL PARKWAY, ANNA, TX 75409 CONTACT: MR. MAURICE "MORRIS" SCHWANKE PHONE: 972-924-2616 EMAIL: MSCHWAN KEOAN NATEXAS. GOV SIGNS AGENCY: CITY OF ANNA PLANNING & DEVELOPMENT ADDRESS: 3223 N. POWELL PARKWAY, ANNA, TX 75409 CONTACT: MR. MAURICE "MORRIS" SCHWANKE PHONE: 972-924-2616 EMAIL: MSCHWANKE®ANNATEXAS.GOV BUILDING DEPARTMENT AGENCY: BUREAU VERITAS ADDRESS: N/A; SUBMIT TO CITY OF ANNA CONTACT: MR. TY CHAPMAN PHONE: 469-853-9803 FIRE MARSHAL AGENCY: CITY OF ANNA FIRE MARSHAL ADDRESS: 305 S. POWELL PARKWAY, ANNA, TX 75409 CONTACT: MR. JAMES DOCKRAY PHONE: 972-924-2143 EMAIL: JDOCKRAY®ANNATEXAS.GOV PLUMBING AGENCY: BUREAU VERITAS ADDRESS: N/A; SUBMIT TO CITY OF ANNA CONTACT: MR. TY CHAPMAN PHONE: 469-853-9803 O 3:0 v An1_i.UxviII4rllm,:1•lriI11A:i-4 HEALTH DEPARTMENT AGENCY: COLLIN COUNTY DEVELOPMENT SERVICES ADDRESS: 4690 COMMUNITY AVE., SUITE 200, MCKINNEY, TX 75071 CONTACT: N/A PHONE: 972-548-5585 TRAFFIC ENGINEERING AGENCY: CITY OF ANNA PUBLIC WORKS ADDRESS: 3223 N. POWELL PARKWAY, ANNA TX, 75409 CONTACT: MR. JOSEPH JOHNSON PHONE: 972-924-4510 EMAIL: JJOHNSON®ANNATEXAS.GOV SITE UTILITIES: SANITARY SEWER AGENCY: CITY OF ANNA PUBLIC WORKS ADDRESS: 3223 N. POWELL PARKWAY, ANNA TX, 75409 CONTACT: MR. JOSEPH JOHNSON PHONE: 972-924-4510 EMAIL: JJOHNSON®ANNATEXAS.GOV SITE UTILITIES: WATER AGENCY: CITY OF ANNA PUBLIC WORKS ADDRESS: 3223 N. POWELL PARKWAY, ANNA TX, 75409 CONTACT: MR. JOSEPH JOHNSON PHONE: 972-924-4510 EMAIL: JJOHNSON®ANNATEXAS.GOV SITE UTILITIES: STORM DRAINAGE AGENCY: CITY OF ANNA PUBLIC WORKS ADDRESS: 3223 N. POWELL PARKWAY, ANNA TX, 75409 CONTACT: MR. JOSEPH JOHNSON PHONE: 972-924-4510 EMAIL: JJOHNSON®ANNATEXAS.GOV EROSION CONTROL AGENCY: CITY OF ANNA PUBLIC WORKS ADDRESS: 3223 N. POWELL PARKWAY, ANNA TX, 75409 CONTACT: MR. JOSEPH JOHNSON PHONE: 972-924-4510 EMAIL: JJOHNSON®ANNATEXAS.GOV SERVICE UTILITIES: GAS UTILITY AGENCY: ATMOS ENERGY ADDRESS: 1681 CORPORATE DRIVE, MCKINNEY, TX CONTACT: MR. DAVID COKER PHONE: 214-733-5122 EMAIL: DAVID.COKER®ATMOSENERGY.COM SERVICE UTILITIES: ELECTRIC AGENCY: GREYSON-COLLIN ELECTRIC COOP ADDRESS: ADDRESS NOT REQUIRED; E-MAIL PDF'S CONTACT: MR. MICHAEL LAUER PHONE: 903-482-7183 EMAIL: MLAUER@GCEC.NET SERVICE UTILITIES: TELEPHONE/CABLE/FIBER AGENCY: AT&T ADDRESS: ADDRESS NOT REQUIRED; E-MAIL PDF'S CONTACT: MR. RICK HAYES PHONE: 903-415-2028 EMAIL: RH 1361®ATT.COM SELLER/LANDLORD CONTACT INFORMATION AGENCY: EDGE REALTY PARTNERS ADDRESS: 5950 BERKSHIRE LANE, SUITE 700, DALLAS, TX 75255 CONTACT: MR. BRIAN WAXLER PHONE: 214-545-6914 EMAIL: BWAXLER®EDGE-RE.COM CIVIL ENGINEER CONTACT INFORMATION AGENCY: KIMLEY-HORN ADDRESS: 12750 MERIT DRIVE, SUITE 1000, DALLAS, TX 75251 CONTACT: MR. JOE FRACCARO PHONE: 972-770-1368 EMAIL: JOE.FRACCARO®KIMLEY-HORN.COM 718,99 721, 716.91 1717.14. % 721,2-0 " 719.08 %I % 715.81 71481/714,00 II z I v I I LOT 3 j i I III I' AM I BLOCK A I / I I. �D I WAL-MART ANNA ADDITION \ I I I:. 1 i r z II II III o m I I INST. NO. 2017-549 1 I P.R.C.C.T. :.. ­�o Qrl I Z .... . I ,- �0 '...... ,,.. ..' ::•'..` :.. o N DD 1 r; TAX PARCEL N0. 276171 1 Q �EMINOLE ANNA TOWN CENTER, L.P. .' - .*.... ..' •' ::' ": N i I I N_ m oo -am I I CCF# 2017071800033180 1 .' .• ' (\ '• : 1 '\ � I I I ` I I + I or`1 I x(�1 J)D I I I. % 713.92 II .' III ' % 719,29 �1718193�/2 67 I 1 '1717. 5 "gym I % 715.59 / 714J6 II rn / Il I 111 0 / 1 :' 1 I I 1 / I I �: ..• : .::• .,':•:•'' i I \ II I I 11 I I / I s p `-- •'•' :. .: I I i I I I I / E 125.20 l •25'07 7 o �_ LO �i o `D 0 Sal i / / x 712.78 / , 311,80 I I / / I / I I I I 1 - n 1 5/8') I.R.F I W/RD CA I I SITE BENCHMARK NO. 2 I \_ I 712.93 711.9 . _ I 709.56 FL 71 .61 NG 714. 1 II 711. 712'63I 712 I 1 71 .74 I 71 ?o �_ 711614 I -m -'N 712.57 SSMH 00.2 FL U 01 mm mN �N cn 00 ,O 711.89 TC is 711.46 G ,u ,- 'n � nlP 1, TN rr U M - CO U F 0� U o m ~L i_n � ^.. �, ^ n O N � -- _;0 ~ ^ ' �z v�R �o Fz l� %N I,, Hl� 711.4 TC 711,47 G 711.64 TC 711,21 G Z Zo �__ ,I � : .F NN Lq.� .... m. � Z. O Z ^^ U 10 m 71'49 TC m� .0 '13.12 J �_ Ss :. O ^� I 7 2.42 .W N.. r, Ln r�rr M.J,.,,� ID m.. - ' U ' U n2,7 . . ...�2 U 0� � �� 9� ZONING INFORMATION THE SITE IS ZONED "PD" (PLANNED DEVELOPMENT) BY ORDINANCE NO. 120-2003 ZONING DISTRICT) WITH RESTAURANT WITH DRIVE THROUGH IS PERMITTED USE UNDER C-2 GENERAL COMMERCIAL DISTRICT. ADJACENT PROPERTIES ARE ZONED "PD" MAXIMUM FLOOR AREA RATIO IS: NONE REQUIRED MAXIMUM BUILDING HEIGHT IS: 60 FEET PER PD BUILDING SETBACKS ARE: FRONT (WEST): 25' LEFT SIDE (NORTH): O' RIGHT SIDE (SOUTH): 25' REAR (EAST): O' PARKING THE PARKING FORMULA FOR MINIMUM REQUIREMENTS FOR A RESTAURANT IS; ONE (1) PARKING SPACE FOR EACH 100 SQUARE FEET OF FLOOR AREA. POLE SIGNS: ARE POLE/PYLON SIGNS PERMITTED? YES. ] . . I :.- 711.36 G 711.89 TC ......:.... I. 712.13 TC° .' I 711.60 43 711.79 TC I LN p� 6" `�SS / Till sM�l 12`" SS 15' SEWER EASEMENT/ INST. N0. 2017-549 .: . _. 6 .2. F, . . '.... 711.77 TC :' 1.' . '. I ' (:15'1. . ''.. . ..:i: , 711.30 G . . . :, I 711.64 TC . N �- / .- N1 'I. 1]in W.�: .bw.� .. 1.-.:... :' Cs^ n Q ��g" I'.K.r. N / y I. I I I I I I I / N 84 T \ W�REDII CA $ �:: ✓ I. 7n.3s I I / G I 20'X20' DRAINAGE 549 EN ' : ' �� _ . ` . ' I I � LD � 1 / INST. N0. \\ I // . : QRA' .. 711,44 O \ "/ N H / I. F. 2017 - T . � I �.i . ST ti ... I M . ., I I I l0, I I I -1 i � \\ 1\ 00 $ :,::. 7oI FL: SITE BENCHMARK N0. 3 Z �. n. I I I I I P16.81 I 1 \ \. \ p tea: '.. .. . I \>< 716,1 6 I I 21.0 I' 718JI I ' 716.2Q ' 714.81 . Ln 714.43 % 713.54 I % 712.4Q� 711t88 p _. . % I I I I I I � JI 1 � \\ II \ / ; ...' i) . \77 ., .' .. 1. 05 I. J I I J I J J �1 \ I / :�. •s: �W�'.711J6 7C 711.51 TC71118 ., . ..� I 1 0 o I I I I 6 \ I Z .:. �., �c 7. rc 7 7�i .: ....m j 11 I I I I I \ \\ N�,... ::.'.... . ^ j �11.21 rc I c I I I 1 I � 71L21 TC I I I I I I I I I I I I 1 \ / ryN :'....$ 9w jc, 1 II I I I II I III I N I \\ ZONED PD (PLANNE� DEVELOPMENT) I // mac: ° N ,1k'�03 •' I 1 I I I o I I '.. °o " �,c 9 I z1 I I I I I I I I 1 O�DINANCE 120-2003 ZONING DISTRICT I / .I.. p1. I cnl I 11 I I I I I I I \ I / ° .; :. I:. \ �..,. . I / I A. 0 15' 30' 60' I • .. .. , 71zs5 741 I I 172 17 I I I I � _ o I \ I / n \ I`� ..:..' .. W °I I I Z 1 I � � I \ 714.79 I 713.68 711.31 11.82% TQ \ 9P : • I z �. m I . 71s.68 71l';,93 % 712.93 % 71 .21 �I ✓ 7 0.9 . 1/I c/1 r 71 68 I � '�'.� II � rr� a1 I h I I I 111�Do I S. CENTRAL EXi\'RESSWAY, ANNA, TEXAS 75409 ( NO ADDRESS ASSIGNED) I �Nw .. ,: N s s \ ::'',' or�n" j I I I I II m TAX PARCEL ,NO. 2761759 \ I �. :'I� '. \ s .::' GRAPHIC SCALE: 1 =30 o I I II I I III oD II \\ Q SEMINOLE ANNA `TOWN CENTER, L.P. \ I I. c^ 1, \ I z -0 � w I CCF 20170 180003380 \7!9,ai.'1. ,..'. ,.- n0 1 I I II II II N� I \ # \ II '�N' "';;�L o: c�. / LOT 1 1.\� I I I II o� I 1 \ \ CK A t..':� 6' \ x15o A -MART ADDITION \\:• " � 717.87 o`XD I I I II II II 1J� I \ \ 1 I: ::Tw:..�i' W L M ADD 0 \� .. :..:.. 01 \ oo N I I I I I I II cP I 1 ■ \ • \ I \. ,�.:: 'r o...:. ' ,.... INST. N0. 2017-549 ..��- .'.. \ N m I I I I I I II I� II 1 \\ I s�,': di� s9s P.R.C.C.T. \ I I III I64 571 'S.F.I �� �. I I 521 S. CENTRAL EXPRESSWAY ..... \ I 1 I 11� r, 1 ! \ o �. \ I 0-- .o TAX PARCEL NO. 2761754 ''.: ' D.. �� \ 0 1 I 1 / I III -_ 1 \ \\ 1 0 �:.. . ✓ cj :.., :o \ I I I / 1 N fll I " 713.69 / I t�/ :..\ .:. ..: ✓p. ,yw �� / ' I I z \ \ ' 712.8s I v :> WALMART REAL ESTATE -p .. 718,73„ \ 1 • 20. 2 7 8,7 I I LOT 4 ' 711.53' 710, °14 d BUSINESS TRUST . '. " 7v.11a 7 >t 716.161 715,50 \ \ I I \ p J V ' F. \ CCF 201707180003380 / p1e49 1 \-th I 11 I \ 1 I \ ss'ro .. ✓:.. I�.; \ # \': ' 7i9,3a.01 '.:.:. D \ \ \ I II I \ �LOC� ��. .. \ �. : \ ✓ '\ J ... 1. ........ \ \ I II WAL-MA T ANNA' ADDITION' r� NS s� :. \I I\ 1 I h I \ I .. 1 .. < \ 1 1 � III I I INST■\ N0. 201*1-549 N ePtl � .5 \N I 1 F o% x�, .. \ I Ct 7 a.74 QV'� 9 ° .::...: \ I r I 0-b 1 . s. 1 T \ °. 1 I 8 �' 1 11 1 m II II I\\ ��G�\� 7{oho .7 709, 7 Y I c° p oe \ . l : 1 1 N I 0\.R.C,C.T.� \ \ `LO STORM 'O✓ °BSc.9.62:EA. �,... .:.. 11 I \I 11 IIII I\\ � SDMH 1,8'. { .. 'S+i °9 IN)0 \JO' 1 705.12 FL \ 09 82' 71 2 8.. - .. '9S 11 717. s 1 1 I z�(ji I \ \ \ �.*,05( \ 710� _ 7 i 3. I 9� i S N O. \ 55 _ N. .:: .I I. I (n C_ I \ \ \ �.� �\ \ . 711. 3.45' T ..; / O ��l. -.; ,%�... . _ \ ' �. ' 719,19 719,53 1 1 1 716 78 1 . \ 20. 2' A8.7011' I � r ' 715.72 % 715.67 \ % 714�46 . 713.54 \ 712,73 \ 711.4� •� _ :, �5 "� � i I p I II 9 o \ \ \ \ ++ w .I,,10.2� \. �/ F \ 11 I 1 V mlzZ I 5 ti . I I II I I i ` \ \\ \\ 1+� + �\ti�3,,5� o SITE BENCHMARK NO. 1 * 9C�N ' I I 1 I I I N <n \\ \ , • 7 \ \�a G no,67 �j IFS` . 0**'-. 1'•.''.... � I I I � W r0 \' s I I I I j I I II I I n \\ \ \\ \ 5 9 \ ��,.'.`. .., ': �\ .., sR9F�L (, ::..\ .. ..,.' ' .:' rn 1 I I J I I I I \ \� \ 1 1122 a \2%, * :. jli,2. G .. .. �r.o, 3...� J _ o> r \ s \ 'C: 712.83' '1'�1. U+ : '. .. .� :. . 31p.55:. G - ,.TC {. I I, I I \ I �\J /. \ 1 709J4 G ..P. ' is I 7210.0 J z � /...� � 710.28 TC D.. ''.'. I I n9. \ �,;r. c�F. �c�j a0x I �G_I... . �,O G P ��. L .:. / n* I 11 ,.88 I I I I \ PC' � /5 \ `�!C\ 9 �� \' O `\� 09 .. ..: I' . `_ ,, • 1,1 ..8 '' I % 71Y,34 18,4 9 1 718.d6 11' 716,75 � X 715.19 \ `� G` O\� % 714.181 �J` 1 / 713.60 '1ti2 \ � 711,91 ... � •� G. � A '0 1 I I / 1 I \ 716 47 715.97 , 1 tR O G \ a \ \I I I I \ I \ I S �` y �O S_( 3�P -1% eb 11 . k \\z�'. c \ I 1 I \ \ 1 \ \ G SS 04' Iy��:. .21�. I.:.. �� ��c �,p� .,o. ....1 ti z \ I _ I 1 \ \ \ 4� G� p O\ I �301 1 �23 .. 1 p OC\ \O 1 cG.: �:.:.. ........ .. I ... . I I \ I I \ I \ 'Ib P' \\ti .\ . I + / \3i , .G / q; . ' \ :. 1 1 4 \ / I \ y Off' 15 G " .. a :c /� '.> . .. a 1 I 1 ' . I \ I \G �\O �lzl� LEGEND tF.H. FIRE HYDRANT SET CHISELED "X" SET 0FX CHISELED "X" FOUND 0F•I•R• IRON ROD FOUND (SIZE AS NOTED) Os.I.R. IRON ROD SET (SIZE AS NOTED) (- - PP OVERHEAD UTILITY POLE W/ GUY Qo ssMH SANITARY SEWER MANHOLE Qo STMH STORM SEWER MANHOLE QO WMH WATER MANHOLE 0 C.O. SAN. SWR. CLEAN OUT O G.V. GAS VALVE 0 G.M. GAS METER O C.V. CONTROL VALVE O W.V. WATER VALVE 0 W.M. WATER METER 0 B. BOLLARD 0 S.P. SIGNAL POLE ❑ S.B. SIGNAL BOX ❑ S.V. SIGNAL VAULT ❑ E.B. ELECTRIC BOX ❑ s.s. STREET SIGN 0 C.M. CABLE MARKER Os SIGN OAS AUTO SPRINKLER ❑TPAD TRANSFORMER PAD 0 LIGHT POLE TREE �' ��,•' �G.: .... 2 . \ g.. 1 .. ... • ' x 71 .81 II 6�3: 'I .. . . . 7/18 76 717x181 71P,45 \ I . P �\ Y �1 717.90 \x 71 .9 7�0.2 \ \• 16.81 % 716.17 Vv j.:..�6.. -'c ... •::: 1' ,. 18,4'i \ 717.90 \ \ \3 .. ', V 713,23 TC 1> 9 N.... ... _t \ CSI \ --N \ \ 15. gyp. \ .11,j'.g \ _ \ 15 .. \. 71, r .. I \ \ �� \ \ \ / 11 \ . 716.40 SG ,a �"A \ . ¢� \ \ � � ..'.. \ \ / \ / I ,,5 .. \ ... j. 33 c� 9 ' g' � � \ o n tc'\ � \�C'/1. IP.,I... . -oS . 718.7,9 717,29 718,39 7I9.2 WV \ / _ I.... \�... \ j ... _ G \5, b1 '( F9 . � 71',99 - WV \'I: .. \...: �I'. \`a. S \'. :: \.1... .. .. \�✓j v 7i7,27 G \ \ ..:A .....,3d ,T ✓ 8 718.51 �ti 0y .. \...\ ' .. g6�s 16.E 718,22 . 11 I. � :.,'\ ': \. \ - �'1 �G 718.38 718.48 •�C.. . ... \;•., \ .J ':. .\: '1ti5•§1 .1 . 8 ✓� r q� - :. .... �:: '.... s . , . .0 . 1 CA ' \. ' \I : A qG �•9, F`q F . ✓��:.itiaF ... ..1 %\ :'.1.\ O,�y?k �G _. ' "718.4 \. 1 ' . cp ..... •.. .... •.:.. ': •.. . .' \ �. A. \ . 1q\"\ \ LOT 5 BLOCK A WAL-MART ANNA ADDITION INST. NO. 2017-549 P.R.C.C.T. TAX PARCEL NO. 2761760 WHATABURGER, LLC CCF# 20171116001528990 FLOOD NOTE x'° k, F crc i,:. ,rc SITE BENCHMARK NO. 1 CENTER OF STORM DRAIN MANHOLE LID, LOCATED ON -SITE, N ORTH 77' 29'14" WEST, A DISTANCE OF 13.73 FEET FROM THE SOUTHEAST PROPERTY CORNER. ELEVATION = 710.55' SITE BENCHMARK NO. 2 CENTER OF SANITARY SEWER MANHOLE LID, LOCATED OFF -SITE, NORTH 40'40'47" EAST, A DISTANCE OF 42.79 FEET FROM THE NORTHEAST PROPERTY CORNER. ELEVATION = 711.95' SITE BENCHMARK NO" 3 CENTER OF STORM DRAIN MANHOLE LID, LOCATED OFF -SITE, SOUTH 64'54'22" EAST, A DISTANCE OF 43.83 FEET FROM THE NORTHEAST PROPERTY CORNER. ELEVATION = 711.44' ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - NATIONAL FLOOD INSURANCE PROGRAM (NFIP) - FLOOD INSURANCE RATE MAP (FIRM) - FOR THE COLLIN COUNTY, TEXAS AND INCORPORATED AREAS - MAP NO. 48085CO155JL, MAP REVISED, JUNE 2, 2009, THE PROPERTY SHOWN HEREON LIES IN ZONE "X" (OTHER AREAS). ZONE "X"(OTHER AREAS) IS DEFINED AS "AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN". THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURE THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. TITLE NOTES ACCORDING TO THE COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE INSURANCE COMPANY (GF# 4715001909) EFFECTIVE DATE OF AUGUST 14, 2017, ISSUED DATE OF AUGUST 21, 2018, THE FOLLOWING MATTERS OF RECORD ARE ITEMIZED AS EXCEPTIONS TO INSURANCE COVERAGE AS INDICATED ON SCHEDULE B THEREOF: 1. RESTRICTIVE COVENANTS OF RECORD RECORDED UNDER CLERK'S FILE NO. 20150602000647420, (ALL TRACTS) AND CLERK'S FILE 20180323000356080 (TRACTS 2, 3, & 4) REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. (SURVEYOR'S NOTE: SUBJECT PROPERTY IS THE SAME AS THE PROPERTY BEING DEPICTED AS "OUTPARCEL 3" THEREIN) 10(d), EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON NOVEMBER 20, 2003 UNDER VOLUME 5550, PAGE 294, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4. (SURVEYOR'S NOTE: 20' UTILITY EASEMENT IS LOCATED TO THE SOUTHEAST, ALONG F.M. 455) 10(e). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "HIGHWAY 75 EASEMENT AGREEMENT" DATED JUNE 1, 2015 EXECUTED BY SEMINOLE ANNA 6, LTD., A TEXAS LIMITED PARTNERSHIP RECORDED ON NOVEMBER 21, 2013 UNDER CLERK'S FILE NO. 20131121001568290, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS WHICH PROVIDES FOR, AMONG OTHER THINGS: TERMS AND CONDITIONS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: LOCATED AS SHOWN "TRACT 3" ON SURVEY) 10(f). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND" DATED JUNE 1, 2015 EXECUTED BY Q SEMINOLE ANNA TOWN CENTER, LP, A TEXAS LIMITED PARTNERSHIP AND WAL-MART REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST RECORDED ON JUNE 2, 2015 UNDER CLERK'S FILE NO. 20150602000647420, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS WHICH PROVIDES FOR, AMONG OTHER THINGS: TERMS AND CONDITIONS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: SUBJECT PROPERTY IS SUBJECT TO THE TERMS CITED THEREIN, NOT PLOTTABLE) 10(g). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "WHITE ROAD FIRE LANE, UTILITY AND ACCESS EASEMENT AGREEMENT" DATED SEPTEMBER 23, 2013 EXECUTED BY Q. SEMINOLE ANNA TOWN CENTER, L.P., A TEXAS LIMITED PARTNERSHIP; SEMINOLE ANNA 6, LTD., A TEXAS LIMITED PARTNERSHIP AND SEMINOLE ANNA 4, LTD., A TEXAS LIMITED PARTNERSHIP RECORDED ON OCTOBER 4, 2013 UNDER CLERK'S FILE NO. 20131004001385960, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS WHICH PROVIDES FOR, AMONG OTHER THINGS: TERMS AND CONDITIONS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: SUBJECT PROPERTY IS SUBJECT TO THE TERMS CITED THEREIN, SPECIFIC ACCESS EASEMENTS DEPICTED THEREIN ARE LOCATED TO THE SOUTH ALONG HIGHWAY FRONTAGE ROAD) 10(h). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED 'TEMPORARY CONSTRUCTION EASEMENT AGREEMENT" DATED MAY 28, 2015 EXECUTED BY Q SEMINOLE ANNA TOWN CENTER, L.P., A TEXAS LIMITED PARTNERSHIP AND WAL-MART REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST RECORDED ON JUNE 2, 2015 UNDER CLERK'S FILE NO. 20150602000647430, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS AFFECTS: TRACTS 2, 3 AND 4 10(i). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON JUNE 2, 2015 UNDER CLERK'S FILE NO. 20150602000647440, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT IS LOCATED OFF -SITE TO THE SOUTHEAST OF LOT 4) 100). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON JUNE 2, 2015 UNDER CLERK'S FILE NO. 20150602000647450, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT IS LOCATED OFF -SITE TO THE SOUTHEAST OF LOT 4) EASEMENTS AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT 10(k), EASEMENT(S) GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON JUNE 2, 2015 RECORDED UNDER CLERK'S FILE NO. 20150602000647460, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT IS LOCATED OFF -SITE OF TO THE NORTH OF LOT 4) 10(L), MATTERS CONTAINED IN "AMENDED AND RESTATED PERMANENT PUBLIC WATER EASEMENT" DATED OCTOBER 28, 2015 EXECUTED BY Q. SEMINOLE ANNA TOWN RECORDED ON NOVEMBER 3, 2015 UNDER CLERK'S FILE NO. 20151103001390320, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: ALL TRACTS (SURVEYOR'S NOTE: EASEMENT IS LOCATED OFF -SITE OF TO THE NORTH OF LOT 4) 10(m). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT: ENTITLED "FIRST AMENDMENT TO EASEMENT WITH COVENANTS AND RESTRICTIONS AFFECTING LAND" (ECR) DATED OCTOBER 30, 2015 EXECUTED BY WAL-MART REAL ESTATE BUSINESS TRUST RECORDED ON NOVEMBER 3, 2015 UNDER CLERK'S FILE NO. 20151103001390350, REAL PROPERTY RECORDS COLLIN COUNTY TEXAS. AFFECTS: ALL TRACTS SURVEYORS NOTE: ( SUBJECT PROPERTY IS A PORTION OF THE PROPERTY DEPICTED THEREIN, AND IS SUBJECT TO THE TERMS CITED THEREIN) 10(n). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT AGREEMENT" DATED OCTOBER 30, 2015 EXECUTED BY WAL-MART REAL ESTATE BUSINESS TRUST RECORDED ON NOVEMBER 3, 2015 UNDER CLERK'S FILE NO. 20151103001390360, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: ALL TRACTS 10(o). INTEREST IN AND TO ALL COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, AND ALL RIGHTS INCIDENT THERETO, CONTAINED IN INSTRUMENT DATED NOVEMBER 22, 2013, RECORDED NOVEMBER 25, 2013 UNDER CLERK'S FILE NO. 20131125001577660 OF THE OFFICIAL RECORDS OF COLLIN COUNTY, TEXAS, WHICH DOCUMENT CONTAINS THE FOLLOWING LANGUAGE GRANTOR RESERVES ALL OF THE OIL, GAS AND OTHER MINERALS IN AND UNDER THE PROPERTY. AFFECTS: ALL TRACTS 10(p). MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED RING ROAD EASEMENT AGREEMENT DATED NOVEMBER 7, 2013 EXECUTED BY SEMINOLE ANNA 6, LTD., A TEXAS LIMITED PARTNERSHIP AND SEMINOLE ANNA 4, LTD., A TEXAS LIMITED PARTNERSHIP RECORDED ON NOVEMBER 21, 2013 UNDER CLERK'S FILE NO. 20131121001568300, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, AFFECTS: TRACTS 2, 3 AND 4 10(q). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON JUNE 23, 2015 UNDER CLERK'S FILE NO. 20150623000757310, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: ALL TRACTS (SURVEYOR'S NOTE: LOCATED ON -SITE ALONG US HWY 75 AS SHOWN ON SURVEY) 10(r), EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON JUNE 23, 2015 UNDER CLERK'S FILE NO. 20150623000757320, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: LOCATED OFF -SITE TO THE NORTH OF LOT 4) 10(s), EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT GRANTED TO CITY OF ANNA, TEXAS FOR THE PURPOSE AS PROVIDED IN SAID DOCUMENT RECORDED ON DUNE 23, 2015 UNDER CLERK'S FILE NO. 20150623000757300, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: 80 FOOT WIDE EASEMENT LOCATED OFF -SITE, APPROXIMATELY 1/2-MILE TO THE NORTH OF LOT 4) 10(t). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED GRANTED TO CITY OF ANNA, RECORDED AUGUST 28, 2017 UNDER CLERK'S FILE NO. 20170828001147030, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: LOCATED OFF -SITE TO THE NORTH OF LOT 4) 10(u). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED GRANTED TO CITY OF ANNA, RECORDED AUGUST 28, 2017 UNDER CLERK'S FILE NO. 20170828001147040, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: LOCATED OFF -SITE TO THE NORTH OF LOT 4 10(v). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED TO CP ANNA RETAIL ONE, LP, A TEXAS LIMITED PARTNERSHIP, RECORDED MARCH 23, 2018 UNDER CLERK'S FILE NO. 20180323000356060, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: TEMPORARY EASEMENT, BLANKET IN NATURE. PROPERTIES DESCRIBED THEREIN LOCATED OFF -SITE TO THE SOUTHEAST OF LOT 4) 10(w). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED TO GRAYSON COLLIN ELECTRIC COOPERATIVE, INC. RECORDED MARCH 23, 2018 UNDER CLERK'S FILE NO. 20180323000356070, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT LOCATED OFF -SITE TO THE EAST OF LOT 4) 10(x). MATTERS CONTAINED IN TEMPORARY GRADING AND DRAINAGE EASEMENT AGREEMENT DATED: MARCH 22, 2018, EXECUTED BY Q SEMINOLE ANNA TOWN CENTER, L.P., A TEXAS LIMITED PARTNERSHIP AND ZABLINK HOSPITALITY LLC, A TEXAS LIMITED LIABILITY COMPANY, RECORDED MARCH 23, 2018 UNDER CLERK'S FILE NO. 20180323000356110, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT LOCATED OFF -SITE TO THE EAST OF LOT 4) 10(y). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED TO CITY OF ANNA, RECORDED MAY 23, 2018 UNDER CLERK'S FILE NO. 20180523000631450, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT LOCATED OFF -SITE TO THE EAST OF LOT 4) 10(z). EASEMENT(S) AND RIGHTS INCIDENTAL THERETO, GRANTED TO CITY OF ANNA, RECORDED MAY 23, 2018 UNDER CLERK'S FILE NO. 20180523000631440, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: EASEMENT LOCATED OFF -SITE TO THE EAST OF LOT 4) 10(aa). THE FOLLOWING ITEMS AS SHOWN ON PLAT RECORDED IN VOLUME 2017, PAGE 549, MAP RECORDS, COLLIN COUNTY, TEXAS: 1. TWENTY-FIVE (25) FOOT BUILDING SETBACK LINE(S). 2. TWENTY (20) FOOT LANDSCAPE AND WATER EASEMENT(S). 3. TWENTY (20) FOOT BY TWENTY (20) FOOT DRAINAGE EASEMENT; AND 4. VARIABLE WIDTH WATER EASEMENT. AFFECTS: TRACT 1 (SURVEYOR'S NOTE: LOCATED ON SUBJECT PROPERTY AS SHOWN) 10(bb), BUILDING SETBACK LINES, EASEMENTS AND OTHER MATTERS, AS SHOWN ON PLAT RECORDED IN VOLUME 2017, PAGE 549, MAP RECORDS, COLLIN COUNTY, TEXAS. AFFECTS: TRACTS 2, 3 AND 4 (SURVEYOR'S NOTE: LOCATED ON SUBJECT PROPERTY AS SHOWN) - CURVE TABLE - NO. RADIUS DELTA ARC CH. BEARING CHORD C1 360.50' 29"41'48" 186.85' S 20°25'47" E 184.76' C2 489.50' 04°31'07" 38.60' S 55°18'45" W 38.59' C3 360.60' 05'48'40" 36.56' S 02°40'33" E 36.55' SURVEY PLAT lici11o=J_l:41l�yl•il2l:426 lopMW:421kIly��011:02721911 THIS IS TO CERTIFY THAT I HAVE, THIS DATE, MADE A CAREFUL AND ACCURATE SURVEY ON THE GROUND OF PROPERTY DESCRIBED AS TRACT 1: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS RATTON SURVEY, ABSTRACT NO. 782, CITY OF ANNA, COLLIN COUNTY, TEXAS AND BEING KNOWN AS ALL OF LOT 4, BLOCK A, WAL-MART ANNA ADDITION, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 2017, PAGE 549, MAP RECORDS, COLLIN COUNTY, TEXAS. TRACT 2: EASEMENT NON-EXCLUSIVE ACCESS EASEMENT CREATED IN WHITE ROAD FIRE LANE, UTILITY AND ACCESS EASEMENT AGREEMENT EXECUTED BY Q SEMINOLE ANNA TOWN CENTER, L.P.; SEMINOLE ANNA 6, LTD., AND SEMINOLE ANNA 4, LTD., FILED OCTOBER 4, 2013, RECORDED UNDER CLERK'S FILE NO. 20131004001385960, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. TRACT 3: EASEMENT NON-EXCLUSIVE ACCESS EASEMENT CREATED IN HIGHWAY 75 EASEMENT AGREEMENT EXECUTED BY SEMINOLE ANNA 6, LTD., FILED NOVEMBER 21, 2013, RECORDED UNDER CLERK'S FILE NO. 20131121001568290, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. TRACT 4: EASEMENT NON-EXCLUSIVE ACCESS EASEMENT CREATED IN EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND EXECUTED BY WAL-MART REAL ESTATE BUSINESS TRUST AND Q SEMINOLE ANNA TOWN CENTER, L.P., FILED JUNE 2, 2015, RECORDED UNDER CLERK'S FILE NO. 20150602000647420, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. SURVEYOR'S NOTES: 1. THE PARCELS COMPRISING THE LAND SHOWN ON THE SURVEY ARE CONTIGUOUS ALONG THEIR COMMON BOUNDARY LINES WITH NO APPARENT STRIPS, GAPS OR GORES BETWEEN THEM. 2. THE LAND SHOWN ON THE SURVEY IS THE SAME LAND DESCRIBED IN THE TITLE COMMITMENT. 3. THERE ARE NO PARKING ONSITE SUBJECT PROPERTY. 4. ALL GRAPHIC MATTERS, EASEMENTS, ETC. ON LOT 4 OF THE RECORDED PLAT ARE AS SHOWN ON SURVEY 5. NO EVIDENCE WAS OBSERVED OF THE SITE BEING USED AS A SOLID WASTE DUMP, SUMP, OR SANITARY LANDFILL. 163�i�I�L81�IiL6IIA TO: CHICK-FIL-A INC., A GEORGIA CORPORATION; Q SEMINOLE ANNA TOWN CENTER, L.P., A TEXAS LIMITED PARTNERSHIP; AND CHICAGO TITLE INSURANCE COMPANY (GF# 4715001909): THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS IN 2016, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 6(b), 7A, 7(b)(1) 8, 9, 11, 13, 16, 17, 20 AND 21 OF TABLE A THEREOF, PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY ALTA AND NSPS AND IN EFFECT ON THE DATE OF THIS CERTIFICATION UNDERSIGNED FURTHER CERTIFIES THAT IN MY PROFESSIONAL OPINION, AS A LAND SURVEYOR REGISTERED IN THE STATE OF TEXAS, THE RELATIVE POSITIONAL ACCURACY OF THIS SURVEY DOES NOT EXCEED THAT WHICH IS SPECIFIED THEREIN. PRELIMINARY DAVID PETREE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1890 T u t SITE WHITE STREET (F.M. 455) THE CITY OF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 7/9/2019 Approve a Resolution approving a site and landscape plan for Chick-fil-A ocated at Block A, Lot 4 of the Wal-mart Anna Addition. (Maurice Schwanke) SUMMARY: Brian Bischoff, the owner, has submitted a site and landscape plan for Chick-fil-A located at Block A, Lot 4 of the Wal-mart Anna Addition. The site contains approximately 1.4823 acres of land that are zoned PD for commercial uses. They are proposing a new 4,996 SF Chick-fil-A restaurant. The site and landscape plans have been reviewed and requested modifications have been made. STAFF RECOMMENDATION: The approval of this site and landscape request is subject to the approval of the zoning request submitted by Chick-fil-A. ATTACHMENTS: Description Upload Date Type Resolution 7/2/2019 Resolution Site Plan 6/24/2019 Exhibit Landscape Plan 6/24/2019 Exhibit Landscape Specifications 6/24/2019 Exhibit Building Elevations 6/24/2019 Exhibit Location Map 6/24/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHICK-FIL-A SITE PLAN AND LANDSCAPE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Brian Bischoff has submitted an application for approval of a site plan and landscape plan for Chick-fil-A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site and landscape plan for Chick-fil-A attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of July, 2019. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Nate Pike lIL U z 0 U X w a O Lu a O r 3 LL_ LL 0 F- 2 L0 o of 2 M w J m �a Of a ■ ■ tZ J Q w Q X W "CAUTION LANES MERGE- SIGNAGE W/ BOLLARD BY G.C. 20' LANDSCAPE & UTILITY EASEMENT VOL. 2017, PG. 549 20.5' ►j GRATE INLET (TYP.) 20.5' R O CL W 0 ii SITE DATA ZONING: PD-120-2003 (PLANNED DEVELOPMENT) LOT AREA: 1.4823 ACRES (64,571 S.F.) PROPOSED USE. DINE IN & DRIVE THRU RESTAURANT BUILDING AREA: 4,996 S.F. F.A.R.: 0.077:1 PARKING REQUIRED: 1 SPACE FOR EVERY 100 S.F. 4,9961100 = 50 SPACES PARKING PROVIDED: 54 SPACES (3 H.C.) BUILDING HEIGHT. 25' (1 STORY) PROPOSED LANDSCAPE AREA: 22, 713 S.F. (35.18%) PROPOSED IMPERVIOUS AREA: 41,858 S.F. (64.82%) LOT 3, BLOCK A WAL-MART ANNA ADDITION VOL. 2017, PAGE 549 P.R.C.C.T. N 84"25'07" E — 225.20' 20'x2O' DRAINAGE EASEMENT INST. NO. 2017-549 I0 25.5' wv O Wv0 I '< 9.8' "DRIVE THRU" irk SIGNAGE N 5 SPACES ® °p 5 R 9' = 45' N F 20'R N PROP. FIRE LANE �) I I N 4" :LM �15' --- SEWER EASEMENT INST. NO. 2017-549 --------______— 0 10' 20' 40' 1" =20' OSTMHS i h ' EDGE OF 20'R N 20'R `"Ovjj� X. CONC. i 20 R / - - � 10'R 10'R iV 25'R RAMP ' O \ "STOP" c SIGNAGE 30 R 1W 6.75' B.O. 18, GRATE ` v 0 LP — — I INLET I I (TYP.) y�o N 20' 6' .I C 00 U II I N o � 2''� . I ' �� r, B.C. 10.5 I 29.69' 26'.. . ?, , O I Lurn W� Wog ' 1.5'R� °I III Q:II III LEGEND F.H. FIRE HYDRANT x SET CHISELED "X" SET OF•x• CHISELED "X" FOUND 0F.I.R. IRON ROD FOUND (SIZE AS NOTED) OS•I•R• IRON ROD SET (SIZE AS NOTED) e- PP OVERHEAD UTILITY POLE W/ GUY uE UT UNDERGROUND ELECTRIC OR TELEPHONE L.P. �o LIGHT POLE SSMH SANITARY SEWER MANHOLE O C.O. SAN. SWR. CLEAN OUT O G.V. GAS VALVE Wv WATER VALVE 0O 12°12 TREE Qo MH MANHOLE (TYPE AS NOTED) ®SIG. Box TRAFFIC SIGNAL BOX ®TRANS. ELECTRIC TRANSFORMER BOX QTOWER ELECTRIC TRANSMISSION STEEL TOWER O CABLE UNDERGROUND CABLE MARKER SIGN B.o. BURR OAK B.C. BALD CYPRESS T.Y. TREE YAUPON FIRE LANE w v'O' 18' �' ec. LOT 1, BLOCK A WAL-MART ANNA ADDITION 1.5'R g I75' r ^ w I c� VOL. 2017, PAGE 549 52, P L. TO P.R.C.C.T. 33, wv O 0 26 • O 20'R 8' 20' a-Wv PROP. FIRE 24' 20' 20' 24' - RISER ROOM cv6 B.C. LOCATION 'ICC O 20'x2O' D IN,AGE EASEMENT 2R I \ ■ / INST. N`I(Y 2017 549 T.Y. I s� 0 T ACCESSIBLE H C." F U O ❑ M� I BOLLARD B YG.C. - ro 21 3 W 30 R T.Y. p I ^ VAN y4CCESSIBLE ^ I 1 / \\ 1� �z_ 10'R C p d �A C �" H.C. SIGNAGE SIN W/ BOLLARD I - 1� \ ®. S pss LP m _ I BY G.C, 'o �n > / \ INLET .DROP NLET Or 2� `" 0 - V _ ^ ;! 1? BE REMOVED) \ \ Wv0 � GRATE FH SERIES P12 LE LARGE �.. �o o \ N� (TYP > ��21, T.Y. 54 PARKING SPACES Wv ,, / O SS ACCESSIBLE H C." \ 0 6 SP\ 1 BOLlLG,4 D B YG.C. ^ a ��<<�O \ 10'R / YE F�I��� ,I / \ SIGNAGE I W \ 0< o'G� LP / j� �� DRIVE SIGNAGE 1' / �� 9 \ BOLLARD BY G.C. I 05 12' 15 /■ > F P \ "STOP/EXIT ONLY i 0 p�� DO NOT ENTER / N o� \ �? S .T1 L `� F SIGNAGE' 0 �G�-. GG� Sic hN°� i 12'R i2' P.L. TO I ll� o �O 20'R F\� �Fz . 20 I 12' Nw \ C2 I N 1 - I 27 R �. j N EDGE OF co O I 20'R L — —� EX. CONC. " D0PSOT GE �L1 20'R /pp PVC \ f \ z \ n A2 W \ WATER EASEMENT i SIGNAGE C \ VOL. 2017, PG. 549 i W LP 1 - BOUNDARY CURVE DATA TABLE - NO. RADIUS DELTA ARC CH. BEARING CHORD Cl 360.50' 29'41'48" 186.85' S 20'25'47" E 184.76' C2 489.50' 04'31'07" 38.60' S 55'18'45' W 38.59' NOTES O owv \ , 1�' / L ALL ON -SITE CONSTRUCTION SHALL BE IN ACCORDANCE WITH CURRENT CHICK-FIL-A SPECIFICATIONS AND/OR CITY 'lpp owv\ / / / STANDARD SPECIFICATIONS, WHICHEVER IS MORE RESTRICTIVE. 2. ALL CONSTRUCTION IN CITY RIGHT-OF-WAYS AND/OR EASEMENT SHALL BE IN ACCORDANCE WITH THE CITY'S Wv0 \\ STANDARD SPECIFICATIONS. \\� 3. PRIOR TO STARTING CONSTRUCT/ON, THE CONTRACTOR SHALL MAKE CERTAIN THAT ALL REQUIRED PERMITS AND ss, \ \ APPROVALS HAVE BEEN OBTAINED. NO CONSTRUCTION OR FABRICATION SHALL BEGIN UNTIL THE CONTRACTOR HAS \ RECEIVED AND THOROUGHLY REVIEWED ALL PLANS AND OTHER DOCUMENTS AS APPROVED BY ALL OF THE \ PERMITTING AUTHORITIES. \ \ \� 4. THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING UTILITIES DURING THE CONSTRUCTION OF THIS PROJECT. \ BLOCK A LOT 5, 5. IF CONTRACTOR FINDS A DISCREPANCY WITH THE TOPOGRAPHIC INFORMATION ON THESE PLANS, HE/SHE SHALL \ WAL-MART ANNA ADDITION CONTACT THE CONSTRUCTION MANAGER/SUPERVISOR IMMEDIATELY. \ VOL. 2017, PAGE 549 P.R.C.C.T. 6. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB, BRICK, OR AS OTHERWISE NOTED. \� \ 7. REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 8. ALL RADII ARE 2' UNLESS OTHERWISE NOTED. FH \ � HIGHWAY 75 ACCESS EASEMENT Wv \ \ INST.#201 31121001568290 9. ALL PARKING STALLS SHALL BE STRIPED IN ACCORDANCE W/APPLICABLE GOVERNING AUTHORITIES. \ 290 / ROSAMOND PKWY 370 \ 368 75 w SITE 455 WHITE ST Z r \� 286 367 423 VIC KTY MIAP NOT -TO - ALE LAYOUT NOTES �1 PAINTED TRAFFIC ARROW DRIVE THRU STRIPING 3❑ STOP BAR ® PAINTED HANDICAP PARKING SYMBOL PARKING STALLS / 4" PAINTED STRIPE © DIRECTIONAL SIGNAGE (OTHER THAN CHICK-FIL-A SIGNS) n CHICK-FIL-A MAIN ENTRY RAMP ® CURBED RAMP "A- FLARED SIDES "B" SHORT FLARED SIDES INTEGRAL CONCRETE CURB (SEE SHEET C-7) 10 SOLID PLASTIC WHEEL STOP (NOT USED) 12 DRIVE THRU PLAN VIEW 13 STEEL PIPE BOLLARD 14 DRIVE THRU ISOMETRIC VIEW 15 TYPICAL SIDEWALK DETAIL BROOM FINISHED 16 SIDEWALK ADJACENT TO CURB 17 CONTRACTION JOINT (SEE SHEET C-7) 18 CONSTRUCTION JOINT (SEE SHEET C-7) 19 SEWER CLEANOUT (SEE SHEET C-10) 20 MENU BOARD AND ORDERING STATION 21 FLAGPOLE - ECX SERIES 35' POLE PCG BY APPROVED VENDORS - THE FLAG CO. OR ATLAS FLAG (REFER SIGN PLAN) 22 GREASE TRAP 23 PAD MOUNTED TRANSFORMER 24 DUMPSTER/STORAGE AREA W/ SCREENING 25 CHICK-FIL-A PRIME SIGN (PYLON SIGN) (REF. SIGNAGE PLAN FOR DETAILS) 26 CHICK-FIL-A ENTER SIGN (NOT USED) 27 STRIPING (SEE C-8 DETAIL 5) 28 CONCRETE PAVEMENT 29 CONCRETE RADIUS PROTECTION 30 TURN DOWN CURB (NOT USED) 31 MATCH EX. CURB 32 CLEARANCE BAR (REF. SIGN PLAN) 33 EX. FIRE HYDRANT 34 BIKE RACK (REF. ARCH PLANS FOR DETAILS) (4 x6' MIN. AREA PER RACK) 35 END CURB AT DUMPSTER 36 MATCH EX. CONCRETE PAVEMENT 37 MULTI ORDER POINT ISLAND 38 CANOPY LAYOUT DETAIL 39 F.D.C. LOCATION 40 FIRE LANE STRIPING 42 MATCH LOCATION & ELEVATION OF EX. SIDEWALK 41 DRIVE THRU ORDERING CANOPY (REF. PLANS BY LANE SUPPLY, INC. FOR DETAILS) 42 DRIVE THRU MEAL DELIVERY CANOPY (REF. PLANS BY LANE SUPPLY, INC. FOR DETAILS) 43 CANOPY COLUMN (REF. PLANS BY LANE SUPPLY, INC. FOR DETAILS) 44 4" DASH PAINTED STRIPE (REF. PLANS BY LANE SUPPLY, INC. FOR DETAILS) 45 ORDER TAKING STRIPING DETAIL /BEFORE y\ 5� S ONE CA�1- c�'l APPLICANT: CHICK—FIL—A, INC. 5200 BUFFINGTON ROAD ATLANTA, GEORGIA 30349 PHONE: (404) 765-8000 EMAIL: GETRA.SANDERS@CFACORP.COM CONTACT: GETRA THOMASON —SANDERS ENGINEER: BURGER ENGINEERING, LLC TBPE F-12997 17103 PRESTON ROAD, SUITE 180N DALLAS, TEXAS 75248 PHONE: (972) 630-3360 EMAIL: BBURGER@BURGERENGINEERING.COM CONTACT: BRYAN M. BURGER, P.E. co o I� I woo ^ I � QQo Z 4�/ssm II I z o I EX. 6" S. �o-r I20'x20' DRAINAGE EASEMENTH > JJ / LOT 3, BLOCK A I I INST. No. 2017-54'9 � I WAL-MART ANNA ADDITIO�J I -- i =w I I o z' VOL. 2017, PAGE 549 I N 3 332 8 P.R.C.C.T. RRZ BKSG RY CE I � { I I I r 2 37 '3 ,2 5 X r GM DA 4 25 0 E- 225.20 -- , 5/ 76,, 52 N �, n 15 A ES @ 13 G, i�i 4 �YJ 000l I'100_� I / .0000.� / / 00000-� LOT 5, BLOCK A WAL-MART ANNA ADDITION VOL. 2017, PAGE 549 P.R.C.C.T. \ HIGHWAY 75 ACCESS EASEMENT INST.#20131121001568290 1 EXX12" S.S. -� - - - SEWER EASEMENT IN \ - - - - - INST. N0. 2017-549 ZONING. LOT AREA: PROPOSED USE: BUILDING AREA: F.A.R.: PARKING REQUIRED: PARKING PROWDED: BUILDING HEIGHT - PROPOSED LANDSCAPE AREA: PROPOSED IMPERVIOUS AREA: SITE DATA PD-120-2003 (PLANNED DEVELOPMENT) 1.4823 ACRES (64,571 S.F.) DINE IN & DRIVE THRU RESTAURANT 4,996 S.F. 0.077.1 1 SPACE FOR EVERY 100 S.F. 4,9961100 = 50 SPACES 54 SPACES (3 H. C.) 25' (1 STORY) 22,713 S.F. (35.187.) 41,858 S.F. (64.829) - BOUNDARY CURVE DATA TABLE - NO. RADIUS DELTA ARC CH. BEARING CHORD C1 360.50' 29'41'48" 186.85' S 20'25'47" E 184.76' C2 489.50' 04'31'07" 38.60' S 55'18'45" W 38.59' LANDSCAPE TABULATIONS SITE LANDSCAPE: (64,571 s.f.) Requirements: 10% of total site area to be landscape Required Provided 6,457.1 s.f. (10%) 22,713 s.f. (35%) FRONT YARD LANDSCAPE: (5,234 s.f.) Requirements: 15% of front yard area to be landscape Requried Provided 785.1 s.f. (15%) 5,234 s.f. (100%) STREET FRONTAGE I I Requirements: One (1) tree, 3" cal., per 40 I.f. of frontage. US Hwy 75 Frontage Rd. (262.47 I.f.) i Required Provided (7) trees, 3" cal. (7) trees, 3" cal. INTERIOR PARKING (54 spaces) �i Requirements: 8 s.f. per each parking space and (1) tree per 10 spaces 65' max distance between tree and parking space `LP Required Provided �Z 432 s.f. 2920 s.f. o (5) trees, 3" cal. (6) trees, 3" cal. 4 _2� T�_ v ZZ r I cvB \ 20'x20 DRAIN GNT INST. N017 EX�°8' MCP v I APPLICANT: CHICK-FIL-A, INC. 5200 BUFFINGTON ROAD ATLANTA, GEORGIA 30349 PHONE: (404) 765-8000 EMAIL: GETRA.SANDERS@CFACORP.COM CONTACT: GETRA THOMASON -SANDERS LOT 1, BLOCK A WAL-MART ANNA ADDITION VOL. 2017, PAGE 549 P.R.C.C.T. PLANT LIST TREES QTY. TYPE COMMON NAME BOTANICAL NAME SIZE REMARKS 4 BC Bald Cypress Taxodium distichum 3" cal. B&B 13' ht., 4-5' spread min. 5 CE Cedar Elm Ulmus crassifolia 3" cal. B&B, 13' ht., 4'-5' spread min. 1 CM Crape Myrtle Lagerstroemia x 'Natchez' 7' ht. container grown, 3-5 cane, no cross caning 10 LO Live Oak Quercus virginiana 3" cal. container grown, 13' ht., 4-5 spread min. 9 NRS Nellie R. Stevens Holly Ilex x 'Nellie R. Stevens' 30 gal. container grown, fill to base 3 RB Redbud Cercis canadensis 7' ht. container grown, 3-5 cane, no cross caning 3 RO Red Oak Quercus shumardii 3" cal. B&B, 13' ht., 4'-5' spread min. 3 VTX Vitex Tree Vitex agnus-castus 7' ht. container grown, tree form SHRUBS QTY. TYPE COMMON NAME BOTANICAL NAME SIZE REMARKS 168 DA Super Gold Dwarf Abelia Abelia grandiflora 'Super Gold' 3 gal. container grown, full plant specimen 72 DBH Dwarf Burford Holly Ilex cornuta 'Burfordii' 5 gal. container grown, full plant specimen 52 DWM Dwarf Wax Myrtle Myrica cerifera var. pumila 5 gal. container grown, full plant specimen 56 GM Gulf Muhly Capillaris muhlenbergii 5 gal. container grown, full plant specimen 59 HDN Harbor Dwarf Nandina Nandina domestica 'Nana' 5 gal. container grown, full plant specimen 166 MFG Mexican Feathergrass Nassella tenuissima 3 gal. container grown, full plant specimen 9 NPH Needlepoint Holly Ilex vomitoria 5 gal. container grown, full plant specimen 39 ROP Prostrate Rosemary Rosmarinus officianalis 3 gal. container grown, full plant specimen 28 RRZ Double Knockout Rose Rosa x'Radrazz' 5 gal. container grown, full plant specimen 69 RY Red Yucca Hesperaloe parviflora 5 gal. container grown, full plant specimen GROUNDCOVERS QTY. TYPE COMMON NAME BOTANICAL NAME SIZE REMARKS 759 BKSG Berkeley Sedge Carex divulsa 1 gal. container grown, full top of container 219 LBB Liriope 'Big Blue' Liriope muscari 1 gal. container grown, full top of container Common Bermudagrass Cynodon dactylon roll sod solid sod, refer to notes 167 SC Seasonal Color container grown, full plant, 6" o.c., selection at time of installation NOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums. All plant material shall meet or exceed remarks as indicated. All trees to have straight trunks and be matching within varieties. ONative Bullrock, medium 2' MAINTENANCE NOTES width, maximum 4' width to back of curb near planting beds. 1. The Owner, tenant and their agent, if any, shall be jointly and severally 3" depth with steel edging responsible for the maintenance of all landscape. border and weed barrier fabric. 2. All landscape shall be maintained in a neat and orderly manner at all times. O Decomposed Granite, width, This shall include mowing, edging, pruning, fertilizing, watering, weeding and edging border 3" depth with steel edging other such activities common to landscape maintenance. and weed barrier fabric 3. All landscape areas shall be kept free of trash, litter, weeds and other such LANDSCAPE NOTES material or plants not part of this plan. 1. Contractor shall verify all existing and proposed site elements and notify 4. All plant material shall be maintained in a healthy and growing condition as is Architect of any discrepancies. Survey data of existing conditions was appropriate for the season of the year. supplied by others. 5. All plant material which dies shall be replaced with plant material of equal orbetter 2. Contractor shall locate all existing underground utilities and notify Architect of value. any conflicts. Contractor shall exercise caution when working in the vicinity of underground utilities. 6. Contractor shall provide separate bid proposal for one year's maintenance to begin after final acceptance. 3. Contractor is responsible for obtaining all required landscape and irrigation permits. SOLID SOD NOTES 4. Contractor to provide a minimum 2% slope away from all structures. 1. Fine grade areas to achieve final contours indicated. Leave areas to receive 5. All planting beds and lawn areas to be separated by steel edging. No steel to topsoil 3" below final desired grade in planting areas and 1 " below final grade be installed adjacent to sidewalks or curbs. in turf areas. 6. All landscape areas to be 100% irrigated with an underground automatic 2. Adjust contours to achieve positive drainage away from buildings. Provide irrigation system and shall include rain and freeze sensors. uniform rounding at top and bottom of slopes and other breaks in grade. Correct irregularities and areas where water may stand. 7. All lawn areas to be Solid Sod Bermudagrass, unless otherwise noted on the \ drawings. 3. All lawn areas to receive solid sod shall be left in a maximum of 1" below \ final finish grade. Contractor to coordinate operations with on -site GENERAL LAWN NOTES Construction Manager. 1. Fine grade areas to achieve final contours indicated on civil plans. 4. Contractor to coordinate with on -site Construction Manager for availability of existing topsoil. 2. Adjust contours to achieve positive drainage away from buildings. Provide uniform rounding at top and bottom of slopes and other breaks in grade. 5. Plant sod by hand to cover indicated area completely. Insure edges of sod Correct irregularities and areas where water may stand. are touching. Top dress joints by hand with topsoil to fill voids. 3. All lawn areas to receive solid sod shall be left in a maximum of 1 " below 6. Roll grass areas to achieve a smooth, even surface, free from unnatural final finish grade. Contractor to coordinate operations with on -site undulations. Construction Manager. 7. Water sod thoroughly as sod operation progresses. 4. Imported topsoil shall be natural, friable soil from the region, known as bottom and soil, free from lumps, clay, toxic substances, roots, debris, 8. Contractor shall maintain all lawn areas until final acceptance. This shall vegetation, stones, containing no salt and black to brown in color. include, but not limited to: mowing, watering, weeding, cultivating, cleaning and replacing dead or bare areas to keep plants in a vigorous, healthy 5. All lawn areas to be fine graded, irrigation trenches completely settled, and condition. finish grade approved by the Owner's Construction Manager or Architect prior to installation. 9. Contractor shall guarantee establishment of an acceptable turf area and shall provide replacement from local supply if necessary. 6. All rocks 314 " diameter and larger, dirt clods, sticks, concrete spoils, etc. shall be removed prior to placing topsoil and any lawn installation 10. If installation occurs between September 1 and March 1, all sod areas to be over -seeded with Winter Ryegrass, at a rate of (4) pounds per one thousand 7. Contractor shall provide (1') one inch of imported topsoil on all areas to (1000) square feet. receive lawn. ENGINEER: BURGER ENGINEERING, LLC 17103 PRESTON ROAD, SUITE 180N TBPE F-12997 DALLAS, TEXAS 75248 PHONE: (972) 630-3360 EMAIL: BBURGER@BURGERENGINEERING.COM CONTACT: BRYAN M. BURGER, P.E. �EFORE you �6�I RS � SAS 9S ONE CA��- Sy5 smr o 1 LANDSCAPE PLAN landscape architects, Inc, SCALE: 1" = 20'-0" 1708 N. Griffin Street Dallas, Texas 75202 Tel 214.871.0083 Fax 214.871.0545 0 10' 20' 40' Email smr@smr-la.com SECTION 02900 - LANDSCAPE PART 1 - GENERAL 1.1 REFERENCED DOCUMENTS Refer to bidding requirements, special provisions, and schedules for additional requirements. 1.2 DESCRIPTION OF WORK Work included: Furnish all supervision, labor, materials, services, equipment and appliances required to complete the work covered in conjunction with the landscaping covered in these specifications and landscaping plans, including: 1. Planting (trees, shrubs, and grass) 2. Bed preparation and fertilization 3. Notification of sources 4. Water and Maintenance until final acceptance 5. Guarantee 1.3 REFERENCE STANDARDS A. American Standard for Nursery Stock published by American Association of Nurserymen: 27 October 1980, Edition; by American National Standards Institute, Inc. (Z60.1) - plant material. B. American Joint Committee on Horticultural Nomenclature: 1942 Edition of Standardized Plant Names. C. Texas Association of Nurserymen, Grades and Standards. ❑. Hortis Third, 1976 - Cornell University 1,4 NOTIFICATION OF SOURCES AND SUBMITTALS A. The Contractor shall, within ten (10) days following acceptance of bid, notify the Architect/Owner of the sources of plant materials and bed preparation required for the project. B. Samples: Provide representative quantities of sandy loam soil, mulch, bed mix material, gravel, and crushed stone. Samples shall be approved by Architect before use on project. C. Product Data: Submit complete product data and specifications on all other specified materials. D. Submit three representative samples of each variety of ornamental trees, shrubs, and groundcover plants for Architect's approval. When approved, tag, install, and maintain as representative samples for final installed plant materials. E. File Certificates of Inspection of plant material by state, county, and federal authorities with Architect, if required. F. Soil Analysis: Provide sandy loam soil analysis if requested by the Architect. PART 3 - EXECUTION 3.1 BED PREPARATION & FERTILIZATION A. Landscape Contractor to inspect all existing conditions and report any deficiencies to the Owner. B, All planting areas shall be conditioned as follows: 1. Prepare new planting beds by scraping away existing grass and weeds as necessary. Till existing soil to a depth of six (6") inches prior to placing compost and fertilizer. Apply fertilizer as per manufacturers recommendations. Add six (6") inches of compost and till into a depth of six (6") inches of the topsoil. Apply organic fertilizer such as Sustane or Green Sense at the rate of twenty (20) pounds per one thousand (1,000) square feet. 2. All planting areas shall receive a two (2") inch layer of specified mulch. 3. Backfill for tree pits shall be as follows: Use existing top soil on site (use imported topsoil as needed) free from large clumps, rocks, debris, caliche, subsoils, etc., placed in nine (9") inch layers and watered in thoroughly. C. Grass Areas: 1. Areas to be Solid Sod Bermudagrass: Blocks of sod should be laid joint to joint, (staggered joints) after fertilizing the ground first. Roll grass areas to achieve a smooth, even surface. The joints between the blocks of sod should be filled with topsoil where they are evidently gaped open, then watered thoroughly. 2. Areas to be Hydromulch Common Bermudagrass: Hydromulch with bermudagrass seed at a rate of two (2) pounds per one thousand (1,000) square feet. Use a 4' x 8' batter board against the bed areas. 3.2 INSTALLATION A. Maintenance of plant materials shall begin immediately after each plant is delivered to the site and shall continue until all construction has been satisfactorily accomplished. B. Plant materials shall be delivered to the site only after the beds are prepared and area ready for planting. All shipments of nursery materials shall be thoroughly protected from the drying winds during transit. All plants which cannot be planted at once, after delivery to the site, shall be well protected against the possibility of drying by wind and sun. Balls of earth of B & B plants shall be kept covered with soil or other acceptable material. All plants remain the property of the Contractor until final acceptance. C. Position the trees and shrubs in their intended location as per plan. D. Notify the Landscape Architect for inspection and approval of all positioning of plant materials. E. Excavate pits with vertical sides and horizontal bottom. Tree pits shall be large enough to permit handling and planting without injury to balls of earth or roots and shall be of such depth that, when planted and settled, the crown of the plant shall bear the same relationship to the finish grade as it did to soil surface in original place of growth. JOB CONDITIONS A. General Contractor to complete the following punch list: Prior to Landscape Contractor initiating any portion of landscape installation, General Contractor shall leave planting bed areas three (3") inches below finish grade of sidewalks, drives and curbs as shown on the drawings. All lawn areas to receive solid sod shall be left one (1 ") inch below the finish grade of sidewalks, drives, and curbs. All construction debris shall be removed prior to Landscape Contractor beginning any work. B. General Contractor shall provide topsoil as described in Section 02200 - Earthwork. C. Storage of materials and equipment at the job site will be at the risk of the Landscape Contractor. The Owner cannot be held responsible for theft or damage. 1.6 MAINTENANCE AND GUARANTEE A. Maintenance: 1. The Landscape Contractor will be held responsible for the maintenance of all work from the time of planting until final acceptance by the Owner. No trees, shrubs, groundcover or grass will be accepted unless they show a healthy growth and satisfactory foliage conditions. 2. Maintenance shall include wateringof trees and plants, cultivation weeding spraying, P g edging, pruning of trees, mowing of grass, cleaning up and all other work necessary of maintenance. 3. A written notice requesting final inspection and acceptance should be submitted to the Owner at least seven (7) days prior to completion. An on -site inspection by Owner and Landscape Contractor will be completed prior to written acceptance. 4. After final acceptance of installation, the Landscape Contractor will not be required to do any of the above listed work. B, Guarantee: 1. Trees shall be guaranteed for a twelve (12) month period after acceptance. Shrubs and groundcover shall be guaranteed for twelve (12) months. The Contractor shall replace all dead materials as soon as weather permits and upon notification of the Owner. Plants, including trees, which have partially died so that shape, size, or symmetry has been damaged, shall be considered subject to replacement. In such cases, the opinion of the Owner shall be final. a. Plants used for replacement shall be of the same size and kind as those originally planted and shall be planted as originally specified. All work, including materials, labor and equipment used in replacements, shall carry a twelve (12) month guarantee. Any damage, including ruts in lawn or bed areas, incurred as a result of making replacements shall be immediately repaired. b. At the direction of the Owner, plants may be replaced at the start of the next year's planting season. In such cases, dead plants shall be removed from the premises immediately. c. When plant replacements are made, plants, soil mix, fertilizer and mulch are to be utilized as originally specified and reinspected for full compliance with Contract requirements. All replacements are to be included under "Work" of this section. F. Shrub and tree pits shall be no less than two (2) feet, twenty-four (24") inches, wider than the lateral dimension of earth ball and six (6") inches deeper than it's vertical dimension. Remove and haul from site all rocks and stones over one (1") inch in diameter. Plants should be thoroughly moist before removing containers. G. Dig a wide, rough sided hole exactly the same depth as the height of the ball, especially at the surface of the ground. The sides of the hole should be rough and jagged, never slick or glazed. H. Percolation Test: Fill the hole with water. If the water level does not percolate within 24 hours, the tree needs to move to another location or have drainage added. Install a PVC stand pipe per tree planting detail as approved by the Landscape Architect. I. Backfill only with 5 parts existing soil or sandy loam and 1 part bed preparation. When the hole Is dug in solid rock, topsoil from the same area should not be used. Carefully settle by watering to prevent air pockets. Remove the burlap from the top 113 of the ball, as well as all nylon, plastic string and wire mesh. Container trees will usually be pot bound, if so follow standard nursery practice of 'root scoring'. J. Do not wrap trees. K. Do not over prune. L. Mulch the top of the ball. Do not plant grass all the way to the trunk of the tree. Leave the area above the top of the ball and mulch with at least two (2") inches of specified mulch. M. All plant beds and trees to be mulched with a minimum settled thickness of two (2") inches over the entire bed or pit. N. Obstruction below ground: In the event that rock, or underground construction work or obstructions are encountered in any plant pit excavation work to be done under this section, alternate locations may be selected by the Owner. Where locations cannot be changed, the obstructions shall be removed to a depth of not less than three (3) feet below grade and no less than six (6") inches below the bottom of ball when plant is properly set at the required grade. The work of this section shall include the removal from the site of such rock or underground obstructions encountered at the cost of the Landscape Contractor. O. Trees and large shrubs shall be staked as site conditions require. Position stakes to secure tree against seasonal prevailing winds. P. Pruning and Mulching: Pruning shall be directed by the Architect and shall be pruned in accordance with standard horticultural practice following Fine Pruning, Class I pruning standards provided by National Arborist Association. 1. Dead wood or suckers and broken badly bruised branches shall be removed. General tipping of the branched is not permitted. Do not cut terminal branches. 2. Pruning shall be done with clean, sharp tools. 3. Immediately after planting operations are completed, all tree pits shall be covered with a layer of organic material two (2") inches in depth. This limit of the organic material Q. Steel Curbing Installation: 1. Curbing shall be aligned as indicated on plans. Stake out limits of steel curbing and obtain Owners approval prior to installation. 2. All steel curbing shall be free of kinks and abrupt bends. 3. Top of curbing shall be 3/4" maximum height above grade. 1. Stakes are to be installed on the planting bed side of the curbing, as opposed to the grass side. 2. Do not install steel edging along sidewalks. 3. Cut steel edging at 45 degree angle where edging meets sidewalk. 3.3 CLEANUP AND ACCEPTANCE A. Cleanup: During the work, the premises shall be kept neat and orderly at all times. Storage areas for all materials shall be so organized that they, too, are neat and orderly. All trash and debris shall be removed from the site as work progresses. Keep paved areas clean by sweeping or hosing at end of each days work. END OF SECTION REF. PLAN FOR SHRUB TYPE G ,nnn �) �d w J� ` � ;L v G 4 u� P� ' �' 2" LAYER OF SPECIFIED BARK MULCH G 4i O p'L L G `' Z_JooaJ i­7 c ;,'J,✓ FINISH GRADE /// - - 1 ROOTBALL, DO NOT DISTURB PREPARED SOIL MIX PER SPECS. 6" MIN. OF PREPARED SOIL MIX �� TILLED INTO EXISTING SOIL TO A DEPTH OF 6" SPACING PER NATIVE SOIL 6" PLANT LIST NOTE: POCKET PLANTING NOT ALLOWED SHRUB PLANTING DETAIL NOT TO SCALE n7� STEEL EDGING DETAIL VL l 2. The Owner agrees that for the guarantee to be effective, he will water plants at least twice a week during dry periods and cultivate beds once a month after final acceptance. 3. The above guarantee shall not apply where plants die after acceptance because of injury from storms, hail, freeze, insects, diseases, injury by humans, machines or theft. 4. Acceptance for all landscape work shall be given after final inspection by the Owner provided the job is in a completed, undamaged condition, and there is a stand of grass in all lawn areas. At this time, the Owner will assume maintenance on the accepted work. C. Repairs: Any necessary repairs under the Guarantee must be made within ten (10) days after receiving notice, weather permitting, and in the event the Landscape Contractor does not make repairs accordingly, the Owner, without further notice to Contractor, may provide materials and men to make such repairs at the expense of the Landscape Contractor. 1.7 QUALITY ASSURANCE A_ General: Comply with applicable Federal, State, County and Local regulations governing landscape materials and work B_ Personnel: Employ only experienced personnel who are familiar with the required work. Provide full time supervision by a qualified foreman acceptable to Landscape Architect. C. Selection of Plant Material: 1. Make contact with suppliers immediately upon obtaining notice of contract acceptance to select and book materials. Develop a program of maintenance (pruning and fertilization) which will insure the purchased materials will meet and/or exceed project specifications. 2. Landscape Architect will provide a key identifying each tree location on site. Written verification will be required to document material selection, source and delivery schedules to site. 3. Owner and/or Architect shall inspect all plant materials when reasonable at place of growth for compliance with requirements for genus, species, cultivar/variety, size and quality. 4. Owner and/or Architect retains the right to further inspect all plant material upon arrival at the site and during installation for size and condition of root balls, limbs, branching habit, insects, injuries, and latent defects. 5. Owner and/or Architect may reject unsatisfactory or defective material at any time during the process of work. Remove rejected materials from the site immediately. Plants damaged in transit or at job site shall be rejected. 1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. Preparation: 1. Balled and Burlapped (B&B) Plants: Dig and prepare shipment in a manner that will not damage roots, branches, shape, and future development. 2. Container Grown Plants: Deliver plants in rigid container to hold ball shape and protect root mass. SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS MULCH PER SPECIFICATIONS 1/8" X 4" GREEN STEEL EDGING WITH STAKES 1/2" MAXIMUM • LAWN NOTE: NO STEEL EDGING TO BE INSTALLED ALONG SIDEWALKS NOT TO SCALE 4" DIA. PERFORATED PVC PIPE W/ CAP PAINTED BLACK A. Delivery: 1. Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. 2. Deliver only plant materials that can be planted in one day unless adequate storage and watering facilities are available on job site. 3. Protect root balls by heeling in with sawdust or other approved moisture retaining material if not planted within 24 hours of delivery. 4. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Keep plants moist at all times. Cover all materials during transport. 5. Notify Architect of delivery schedule 72 hours in advance so plant material may be observed upon arrival at job site. 6. Remove rejected plant material immediately from site. 7. To avoid damage or stress, do not lift, move, adjust to plumb, or otherwise manipulate plants by trunk or stems. PART 2-PRODUCTS 2.1 PLANTS A. General: Well -formed No. 1 grade or better nursery grown stock. Listed plant heights are from tops of root balls to nominal tops of plants. Plant spread refers to nominal outer width of the plant, not to the outer leaf tips. Plants will be individually approved by the Architect and his decision as to their acceptability shall be final. B. Quantities: The drawings and specifications are complimentary. Anything called for on one and not the other is as binding as if shown and called for on both. The plant schedule is an aid to bidders only. Confirm all quantities on plan. C. Quality and size: Plant materials shall conform to the size given on the plan, and shall be healthy, symmetrical, well -shaped, full branched, and well rooted. The plants shall be free from injurious insects, diseases, injuries to the bark or roots, broken branches, objectionable disfigurements, insect eggs and larvae and are to be of specimen quality. D. Approval: All plant materials shall be subject to the approval of the Owner. All plants which are found unsuitable in growth, or in any unhealthy, badly shaped, or undersized condition, will be rejected by the Landscape Architect, either before or after planting, and shall be removed at the expense of the Landscape Contractor and replaced with acceptable plants as specified. E. Trees shall be healthy, full -branched, well -shaped and shall meet the trunk diameter and height requirements of the plant schedule. Balls shall be firm, neat, slightly tapered, and well wrapped in burlap. Any tree loose in the ball or with broken ball at time of planting will be rejected. Balls shall be ten (10") inched in diameter for each one (1") inch of trunk diameter, Measured six (6") inched above ball. Nomenclature conforms to the customary nursery usage: for clarification, the term "multi -trunk" defines a plant having three (3) or more trunks of nearly equal diameter. F. Pruning: All pruning of trees and shrubs, as directed by the Landscape Architect, shall be executed by the Landscape Contractor at no additional cost to the Owner. DO NOT CUT CENTRAL LEADER REFERENCE PLAN FOR TREE TYPE RUBBER HOSE 2 STRANDS NO. 12 GAUGE GALVANIZED WIRE, TWISTED 2" LAYER MULCH, REF. SPECIFICATIONS 2" HIGH WATERING RING (3) METAL T-POST PAINTED GREEN TRIANGULAR SPACING FINISH GRADE SCARIFY SIDES ROOTBALL, DO NOT DISTURB. TOP OF ROOTBALL TO BE SET 1" ABOVE EXISTING GRADE. REMOVE TOP 1/3 BURLAP. NATIVE SOIL, REF. SPECIFICATIONS CRUSHED ROCK NOTE: LOCATE STAKES OUTSIDE OF TREE WELL. POSITION STAKES TO SECURE TREE AGAINST SEASONAL PREVAILING WINDS. 2.2 SOIL PREPARATION MATERIALS A. Sandy Loam: 1. Friable, fertile, dark, loamy soil, free of clay lumps, subsoil, stones and other extraneous material and reasonably free of weeds and foreign grasses. Loam containing Dallasgrass or Nutgrass shall be rejected. 2. Physical properties as follows: Clay - between 7-27 percent Silt - between 15-25 percent Sand - less than 52 percent 3. Organic matter shall be 3%-10% of total dry weight. 4. If requested, provide a certified soil analysis conducted by an approved soil testing laboratory verifying that sandy loam meets the above requirements. B. Organic Material: Compost with a mixture of 80% vegetative matter and 20% animal waste. Ingredients should be a mix of course and fine textured material. C. Premixed Bedding Soil as supplied by Vital Earth Resources, Gladewater, Texas; Professional Bedding Soil as supplied by Living Earth Technology, Dallas, Texas or Acid Gro Municipal Mix as supplied by Soil Building Systems, Dallas, Texas or approved equal. D, Sharp Sand: Sharp sand must be free of seeds, soil particles and weeds. E. Mulch: Double Shredded Hardwood Mulch, partially decomposed, dark brown. Living Earth Technologies or approved equal. F. Organic Fertilizer: Fertilaid, Sustane, or Green Sense or equal as recommended for required applications. Fertilizer shall be delivered to the site in original unopened containers, each bearing the manufacturer's guaranteed statement of analysis. A. Commercial Fertilizer: 10-20-10 or similar analysis. Nitrogen source to be a minimum 50% slow release organic Nitrogen (SCU or UF) with a minimum 8% sulphur and 4% iron, plus micronutrients. B. Peat: Commercial sphagnum peat moss or partially decomposed shredded pine bark or other approved organic material. 2.3 MISCELLANEOUS MATERIALS A. Steel Edging: Shall be Ryerson "Estate Curbing", 1/8" x 4" with stakes 4' on center. B. Staking Material for Shade Trees: 1. Post: Studded T-Post, #1 Armco with anchor plate; 6'-0" length; paint green. 2. Wire: 12 gauge, single strand, galvanized wire. 3. Rubber hose: 2 ply, fiber reinforced hose, minimum Y2 inch inside diameter. Color. Black. C. Gravel: Washed native pea gravel, graded 1 in. to 1-1/2 in. D. Filter Fabric: Mirafi 140N by Celanese Fibers Marketing Company, available at Loftland Co., (214) 631-5250 or approved equal. A = ROW SPACING B = ON CENTER SPACING SPACE PLANTS IN A TRIANGULAR PATTERNAS SHOWN, SPACED EQUALLY FROM EACHOTHER AT SPACING INDICATED ON PLANT LIST. 2" MULCH DOUBLE SHREDDED HARDWOOD MULCH IN BED PRIOR T^ PLANTING GROUNDCOVER/ANNU/ PREPARE GROUNDCOVER BED BY TILLING ENTIRE BED AREA. PROVIDE SOIL MIX AS DEFINED IN THE LANDSCAPE SPECIFICATIONS PLANT ROW SPACING'D' ROW SPACING'A' PLANTS/10SF 8" O.C. 6.9" 26 12" O.C. 10.4" 12 15" O.C. 13.0" 7 n A 1 GROUNDCOVER PLANTING DETAIL V` t J NOT TO SCALE nr,� SIDEWALK / MULCH DETAIL SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS 1/2" MINIMUM BETWEEN TOP OF MULCH AND TOP OF CONCRETE TREE PLANTING DETAIL _� no steel along sidewalks NOT TO SCALE O NOT TO SCALE ENGINEER: APPLICANT: BURGER ENGINEERING, LLC CHICK-FIL-A, INC. 17103 PRESTON ROAD, SUITE 180N 5200 BUFFINGTON ROAD TBPE F-12997 ATLANTA, GEORGIA 30349 DALLAS, TEXAS 75248 PHONE: (404) 765-8000 PHONE: (972) 630-3360 EMAIL: GETRA.SANDERS@CFACORP.COM EMAIL: BBURGER@BURGERENGINEERING.COM CONTACT: GETRA THOMASON -SANDERS CONTACT: BRYAN M. BURGER, P.E. /EFORE y0� °ups izisv�� S ONE Cp, Sy smr landscape architects, inc. 1708 N. Griffin Street Dallas, Texas 75202 Tel 214.871.0083 Fax 214.871.0545 Email smr@smr-la.com O1 LANDSCAPE PLAN SCALE: 1" = 20'-0" 0 10' 20' 40' ry al 4- U 0 I— Q I O� O 0 ry I LU J N d I ry 07 LL c� I c �I U) Z O 0 LU � J c6 LU c ry Q O _I ry M n LLJ I- -t LO X O LU XI C) N X o \ � o Q � o N 0-) U C B 0 3 2 1 D WEST ELEVATION 3/16" = V-0" t--% o EAST ELEVATION t.J v 3/16" = V-0" 5'-5 1 /8" 9'-4" X-7 3/8" 15'-5 5/8" 4'-4" � 4'-0 1 T p 0 NORTH ELEVATION L) v 3/16" = V-0" MARK THICKNESS TYPE GLAZING TINT SCHEDULE REMARKS G1 1/4" TEMPERED CLEAR G3 1/8" (2) LAMINATED CLEAR CLEAR DUAL LAYER BUTT GLAZE G11 1/2" TEMPERED G21 1" TEMPERED CLEAR - LOW-E PROVIDE THERMALLY BROKEN AT EXTERIOR LOCATIONS G31 1" TEMPERED ACID ETCHED - LOW- PROVIDE THERMALLY BROKEN AT EXTERIOR LOCATIONS NOTES: 1. ALL GLASS TO BE G21 U.N.O. or) SOUTH ELEVATION L) L 3/16" = V-0" A301 ATTACHED CANOPY SCHEDULE Mark Description Count Overall Width Overall Depth Tie Back Mounting (Offset From Top) Integral Lighting Cl-D Exterior Canopy 5 9'-9" V-0" 0" No C1-F Exterior Canopy 1 13'-1" V-0" 0" Yes C1-G Exterior Canopy 2 13'-1" V-0" 0" No C4-B Exterior Canopy 1 5'-9" 4'-0" 2'-6" Yes C4-E Exterior Canopy 1 T-1 " 4'-0" 2'-6" Yes C4-G Exterior Canopy 1 10'-0" 4'-0" 2'-6" Yes Grand total 11 A301_FINISH SCHEDULE - EXTERIOR MODEL MARK DESCRIPTION MANUFACTURER MODELNAME NUMBER COLOR NOTE EXTERIOR BR -A BRICK VENEER (PRIMARY) ACME BRICK MODULAR PALOMA GRAY MORTAR: ARGOS SAN TAN BR-B BRICK VENEER (ACCENT) ACME BRICK MODULAR RUSTIC WHITE MORTAR: ARGOS SAN TAN CP-1 CANOPY METAL FASCIA DURA COAT DC19ST-2703 DARK BRONZE OIL RUBBED BRONZE METALLIC TEXTURE PVD CP-2 CANOPY METAL DECK WHITE SMOOTH WHITE, HIGH GLOSS EC-1 PARAPET WALL COPING DUROLAST / DARK BRONZE EXCEPTIONAL METALS (MATTE) PT-100 EXTERIOR PAINT SHERWIN WILLIAMS SHER-CRYL HIGH PERFORMANCE SW 2807 ROOKWOOD REFUSE ENCLOSURE. FINISH: ACRYLIC #B66-350 SEMI -GLOSS ON DOOR FRAMES, SATIN ON WALLS PT-113 EXTERIOR PAINT SHERWIN WILLIAMS SHER-CRYL HIGH PERFORMANCE DARK BRONZE FINISH: SEMI -GLOSS ACRYLIC #B66-350 ST-1 STOREFRONT YKK YES 45 DARK BRONZE (MATTE) BRICK EXPANSION JOINT LEGEND n ALIGN EJ WITH JAMB 3 ALIGN WITH EXTENT OF BRICK ABOVE n2 ALIGN EJ WITH CORNER OF WALL 4 PLACE EJ AS DIMENSIONED NOTE: EJ SEALANT COLOR TO MATCH MORTAR COLOR. 9 C CD A Z P F_ LU 00�0 o °0 0 0 °CD °(i)�� 0 Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 P: (404) 765 8000 MAYSE & ASSOCIATES,INC. Architecture o Planning Construction Management ■ 14881 Quorum Dr. Suite 800 Dallas, Texas 75254 Phone: (972) 386-0338 Fax: (972) 386-0578 www.MayseAssociates.com 6/4/2019 3:00:15 PM FSR#04191 BUILDING TYPE / SIZE: LE / ALL RELEASE: v2 19.05 REVISION SCHEDULE NO. DATE DESCRIPTION N/A N/A CONSULTANT PROJECT # 18078 PRINTED FOR PERMITTING DATE 6/4/2019 3:00:15 PM DRAWN BY Designer Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. SHEET EXTERIOR ELEVATIONS SHEET NUMBER 3 2 i A=302 T u t SITE WHITE STREET (F.M. 455) THE CITY OF Anna AGENDA ITEM: ftal►l5-M:3 City Council Agenda Staff Report Meeting Date: 7/9/2019 Consider/Discuss/Action Ordinance Amending the FY 2018.2019 Budget for Development Services Positions and Software for Planning, Permits, Inspections and Code Enforcement. (Ashley Stathatos) SUMMARY: Staff is requesting several budget amendments to the Development Services budget. For revenues, staff is recognizing an increase in revenues of $364,260 be shown due to the increase in the number of permits issued this year and the increase in building permit fees previously approved. For expenditures, staff is requesting $35,856 for the remainder of the year for the following positions: Planner II, Permit Tech Supervisor, Building Official and Building Inspector. These positions would need IT Supplies, uniforms, other supplies, fuel and maintenance for vehicles. Staff has estimated these expenditures to be $9,500. The yearly subscription for Dude Solutions, SmartGov Software is $25,721. Then, $189,000 is for extra charges incurred from Bureau Veritas due to the increase in the number of permits. The total expenditures being requested is $260,077. This leaves a balance of $104,183, which is not programmed at this time. The Planner I I is needed to assist with current planning including zoning cases, plats, plan review and updates to the zoning ordinance and subdivision regulations. The Permit Supervisor is needed to train employees taking in permits, oversee and supervise the permit process, establish sound cash management practices and internal controls, reporting, benchmarking, office operations and higher customer service levels. Staff is in need of a licensed Building Official and Building Inspector to supplement the work provided by Bureau Veritas. Currently, work is being supplemented by employees that have other roles and responsibilities. This is inefficient and results in lower operational levels and services to the citizens of Anna. In addition, over time substantial savings can be realized by performing more work in-house putting more money in the General Fund for other City Council priorities. The Dude Solutions, SmartGov software is needed to be more responsive to the development community and turn around plan review, permits and inspections faster. STAFF RECOMMENDATION: Approve Ordinance Amending the FY 2018.2019 Budget for Development Services Positions and Software for Planning, Permits, Inspections and Code Enforcement. ATTACHMENTS: Description Upload Date Type Budget Amendment Ordinance 7/5/2019 Staff Report Budget Amendment Exhibit A 7/5/2019 Staff Report CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 783-2018 ADOPTING THE BUDGET FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 11, 2018, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2018-2019 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2018-2019 fiscal year budget is hereby amended with respect to its General Fund 10) as set forth in the original budget adopted under Ordinance No. 783- 2018 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2018-2019 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 9th day of July, 2019. ATTESTED: APPROVED: City Secretary, Carrie Smith Mayor, Nate Pike PAGE 2OF2 EXHIBIT A Fund 10 Dept Request Cost Center FY 19 Adopted Budget Proposed Increase Development. .1 Development Development Development Development Development Development Development Development Increase for Planner II, Permit Tech Sup, Building Inspector& Building Official IT Supplies for positions Uniforms for positons Other Supplies for positions Fuel for vehicles Maintenance for vehicles Subscription for new software Increase contract services Total Revenue Increase $ 364,260 Salaries "$ 305,298 $ 35, IT Supplies $ 6,000 Clothing Supplies $ 1,000 Other Supplies $ 1,000 Vehicle Supplies - Fuel $ 750 Maint & Repair - Vehicles $ 750 IT Support Services $ 25,721 Contract Services $ 189,000 Total Expenditure Increase $ 260,077