06.08.2010 Town Council PacketISPER
OWN OF
1. Call to Order / Roll Call.
2. Invocation and Pledge of Allegiance.
AGENDA
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 8, 2010 at 6:00 p.m.
3. Announcements of dates and times of upcoming community events.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon
in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
May 25, 2010 — Town Council Meeting
June 1, 2010 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon 1) a Second Amendment to Developer's Agreement between PDC 380
Prosper, Ltd.; Mustang -Midway Ltd.; Hunter 380 Prosper, LP; Western Rim Investors 2007-3, L.P.;
Western Rim Investors 2007-4, L.P.; Shaddock Developers, Ltd.; MF VII Prosper 41, LP; 380
Commons, Ltd.; MF III Prosper Commons; Prosper Ventures Partners; Virginia Ridge Properties,
Ltd.; Pinewood Woods, LP; and the Town of Prosper related to the La Cima Development and 2) a
resolution authorizing the Town Manager to execute the same. (HW)
C. Consider and act upon 1) a Third Amendment to Developer's Agreement between Western Rim
Investors 2007-3, L.P.; Hunter 380 Prosper, LP; and the Town of Prosper related to the La Cima
Development and 2) a resolution authorizing the Town Manager to execute the same. (HW)
d. Consider and act upon 1) a Fourth Amendment to Developer's Agreement between PDC 380
Prosper, Ltd.; Mustang -Midway Plano Ltd.; and the Town of Prosper related to the La Cima
Development and 2) a resolution authorizing the Town Manager to execute the same. (HW)
CITIZEN'S COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this
agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.)
5. Other Comments by the Public.
Page 1 of 2
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the
Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related items will be recognized on a case -by -case basis, at the discretion of the Mayor and Town
Council.)
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 113.0± acres, located on the north side
of U.S. 380, 2,500f feet west of Dallas Parkway, from Agricultural (A) to Planned Development -
Commercial Corridor/Commercial (PD-CC/C). (Z10-0003). (CC)
DEPARTMENT ITEMS
7. Receive an update on the Community Library. (LS)
EXECUTIVE SESSION
8. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code to
wit: Section 551.074 to deliberate regarding personnel matters.
9. Reconvene into regular session and take any action necessary as a result of the closed session.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
11. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper,
Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time: Friday,
June 4, 2010 at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
Date Noticed Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 55I of the Texas
Government Code at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically
identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session.
611111//
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Me �relcRRVFWV!t4
le. Persons with disabilities
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readers, or large print, are requested to contact the Town Secretary's Office at (972�¢ 44Q•Si by FAJ 1. BRAILLE IS NOT
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Page 2 of 2
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:01 p.m.
Roll call was taken by Mayor Smith.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 25, 2010 at 6:00 p.m.
Council present included: Mayor Ray Smith, Deputy Mayor
David Vestal, Meigs Miller, and Jason Dixon. A
Staff present included: Mike Land, Town Manager;
Lightfoot, Court Clerk; Chris Copple, Senior Plann(
Works Director; and Matthew Denton, Town Secretai
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor
Mayor Smith led the Pledge of Allegiance.1-
3. Announcements of dates,and times
Matthew Denton, Town
involuntary annexations.
4.
5. Consent
First
a
administered the
Kenneth Dugger, Dave Benefield,
h1ebb, Director, of Development Services; Amy
"Q�&xOCQ
McFarlin, Pol ce�Chief; Frank Jaromin, Public
Prosper.
1, 2010 for the Denton County
Election to Dave Benefield, Councilmember
to Dave Benefield.
MINUTESIlk
a. Consider and act upoWininutes from the following Council meetings. (MD)
• May 11, 2010 — Town Council Meeting
• May 17, 2010 — Special Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
Page 1 of 3
C. Consider and act upon an Interlocal Agreement between the Town of Prosper and the City of
Frisco for a deputy court clerk to cover court services for the Court Administrator for out of
town training and vacation needs. (AL)
d. Consider and act upon a resolution appointing the Municipal Judge. (AL)
e. Consider and act upon a request from Justin Kouba to permit a variance to the Town's Noise
Ordinance No. 06-47, allowing for the use of loudspeakers and sound amplifiers from 6 p.m. to
9 p.m. on Wednesday, May 26, 2010 at 208 W. Broadway at Prestonwood Baptist North during
the Summer Bash. (GM)
FINANCIALS
f. Consider and act upon the financial statements
Motioned by Mayor Pro-Tem Dugger, seconded by
agenda.
Motion approved 6-0. ,
CITIZEN'S COMMENTS
Other Comments by the Public.
Chris Blair, 841 Sybil Ln, invited the
2010.
REGULAR AGENDA
DEPARTMENT ITEMS
Motioned by Mai
Motion approved
Consider and
Church Street,
30, 2010. (MG)
Miller to approve the consent
breakfast to be held on July 14,
and Deputy Mayor Pro-Tem.
as Mayor Pro-Tem.
Miller as Deputy Mayor Pro-Tem.
to reestablish residential nonconforming rights at 209 South
er 1, Section 7 of the Zoning Ordinance. (WS)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Miller, seconded by Mayor Pro-Tem Dugger to approve the request to
reestablish a single family residential use at 209 South Church Street, pursuant to Chapter 1, Section 7.3(E)
of the Zoning Ordinance subject to:
1. The property owner receiving a Certificate of Occupancy (nonconforming) from the Building
Official, which includes passing all required inspections.
Motion approved 6-0.
Page 2 of 3
9. Consider and act upon approving the purchase of 23.140 acres of real property from the
Prosper Independent School District (PISD) for the extension of the Community Park and
authorizing the Town Manager to execute any and all documents necessary for the purchase
thereof. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro-Tem Dugger, seconded by Deputy Mayor Pro-Tem Miller to approve the purchase
of 23.140 acres of real property from the Prosper Independent School District (PISD) for the extension of the
Community Park and authorize the Town Manager to execute any and all documents necessary for the
purchase.
Motion approved 6-0.
10. Discuss and appoint members of the Council It :the Finance, Utility, and Economic
Development Committees. (ML) 4
Councilmembers Benefield, Dugger, and Mayor Smithweappointed to the?inance/Utility Committee.
EXECUTIVE SESSION
11. Recess into closed session in
to wit: Section 551.074 to de
Motioned by Mayor Pro -Tern Dugger,
Motion approved 6-0.
Council recessed into
12. Reconvene into
Motioned by Counc�i,l,
session.
Motion adnro�ed 6-0.
Council
into
13. Possibly `direct Town
14. Adjourn.
Motion by Mayor Pro -Tern
Motion approved 6-0.
1 et. Seq. T
ment Code
to recess into closed session.
as a result of the closed session.
Mayor Pro -Tern Miller to reconvene into open
ule topic(s) for discussion at a future meeting.
seconded by Councilmember Vestal to adjourn.
Mayor Smith adjourned the meeting at 6:56 p.m.
Attest:
Matthew D. Denton, TRMC
Town Secretary
Ray Smith, Mayor
Page 3 of 3
ISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:01 p.m.
Roll call was taken by Mayor Pro-Tem Dugger.
Council present included: Mayor Pro-Tem Kenneth
Benefield, David Vestal, Danny Wilson, and Jason Dixon.
MINUTES
Special Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 1, 2010 at 6:00 p.m.
Mayor Pro Tem Miller, Dave
Staff present included: Mike Land, Town Manager; Hulon Webb, Direcfor of Development Services; Chris
Copple, Senior Planner; Melanie Videan, Planning Tech°;and' Matthew Dent;,Town Secretary.
CONSENT AGENDA
ORDINANCES, RESOLUTIONS, AND AGREEMENTS.
by
2. Consider and act upon an annexation agreement Viand between the Town of Prosper and
G&R STX Investments and ado in aN'Beqn1--tinn authorizing the Town Manager to execute
the same. (CC) N,.
s
3. Consider and act upri annexation agreemen and been the Town of Prosper and
RH-TWO, LP `an adoptin .a resolution °authorizing the Town Manager to execute the same.
(CC)
4. Consider;and. act upon an ordinance for the involuntary annexation of approximately 834.866
,a o' +'?° ox• ""' 3 `b #3xy"""'Y°" 1 320"
acres of'Aand. generally located on the, east side of FM 1385, south of Parvin Road and west of
GoodHope Road
N
5. Consider and act upon. an ordinance for the involuntary annexation of approximately 51.604
acresoland generally located on the east side of FM 1385, 800f feet north of U.S. 380. (CC)
6. Consider tidjftct upon a ordinance for the involuntary annexation of approximately 0.783
acre of land generally located; 800f feet north of U.S. 380, 2,300f feet west of Gee Road. (CC)
7. Consider and act upon an ordinance for the involuntary annexation of approximately 1.321
acres of land generally located on the north side of U.S. 380, 1,500f feet west of Gee Road.
(CC)
8. Consider and act upon an ordinance for the involuntary annexation of approximately 0.534
acre of land generally located 500f feet south of Fishtrap Road, 1,300f feet west of Gee Road.
(CC)
9. Consider and act upon an ordinance for the involuntary annexation of approximately 5.147
acres of land generally located on the southeast corner of Fishtrap Road and Good Hope Road.
(CC)
Page 1 of 2
10. Consider and act upon an ordinance for the involuntary annexation of approximately 240.781
acres of land generally located on the northeast corner of U.S. 380 and Teel Parkway. (CC)
11. Consider and act upon an ordinance for the involuntary annexation of approximately 70.845
acres of land generally located on the north side of Fishtrap Road, 1,700f feet west of Legacy
Drive. (CC)
12. Consider and act upon an ordinance for the involuntary annexation of approximately 72.793
acres of land generally located on the southeast corner of Prosper Road and Teel Parkway.
(CC)
13. Consider and act upon an ordinance for the in,
acres of land generally located on the southwest
Motioned by Deputy Mayor Pro-Tem Miller, seconded by
submitted. n
Motion approved 6-0. ,.
14. Adjourn.
Motioned by Deputy Mayor Pro-Tem Miller, seconded
Motion approved 6-0.nU.,_
Mayor Pro-Tem Dugger adjourned the
tion of approximately 106.279
Road and Legacy Drive. (CC)
Wilson to approved items 2-13 as
Dixon to
Ray Smith, Mayor
Page 2 of 2
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
DEVELOPMENT
SERVICES
Agenda Item No. 4b
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — June 8, 2010
Date: June 4, 2010
Agenda Item:
Consider and act upon 1) a Second Amendment to Developer's Agreement between PDC 380
Prosper, Ltd.; Mustang -Midway Ltd.; Hunter 380 Prosper, LP; Western Rim Investors 2007-3, L.P.;
Western Rim Investors 2007-4, L.P.; Shaddock Developers, Ltd.; MF VII Prosper 41, LP; 380
Commons, Ltd.; MF III Prosper Commons; Prosper Ventures Partners; Virginia Ridge Properties,
Ltd.; Pinewood Woods, LP; and the Town of Prosper related to the La Cima Development and 2) a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
In October 2004, the Town entered into an agreement with PDC 380 Prosper, Ltd., and Mustang -
Midway Plano, Ltd., related to the La Cima Development. The agreement obligated the Town to
reimburse PDC 380 Prosper, Ltd., for the cost of construction of La Cima Boulevard through the
reimbursement of thoroughfare impact fees and the waiver of construction inspection fees on the
first three phases of development. The agreement also waived park improvement and park
dedication fees in exchange for the dedication of hike and bike trails and other park improvements.
In addition, the agreement obligated Mustang -Midway Plano, Ltd., and PDC 380 Prosper, Ltd., to
dedicate and construct future Hillcrest Road and the future east -west thoroughfare connecting
future Hillcrest Road to La Cima Boulevard. In exchange, thoroughfare impact fees for the
Mustang -Midway Plano, Ltd., property are waived.
In June 2005, the Town entered into a First Amendment with PDC 380 Properties, Ltd., and
Mustang -Midway Plano, Ltd. The purpose of the First Amendment was to:
1. Clarify that the Mustang -Midway Plano, Ltd., or its assigns are to receive the waiver of only
thoroughfare impact fees (not water and sewer impact fees) in exchange for the dedication
and construction of future Hillcrest Road and the future east -west thoroughfare.
2. Stipulate that Mustang -Midway Plano, Ltd., or its assigns will receive credit against water
and sewer impact fees for the construction of any water and sewer lines depicted on the
Town's master water and sewer plans.
Agenda Item No. 4b - Page 1 of 2
The purpose of this Second Amendment is to:
1. Depict the existing property owners within the
Developer's Agreement and Amendments.
2. Add a provision by where future amendments
owners of those parcels of land within the
amendment.
Budget Impact:
N/A
property that are a party to the La Cima
only need to be executed by the property
property that are affected by that future
Legal Obligations and Review:
The amendment to the agreement was prepared by the Town Attorney's office.
Attached Documents:
1. Second Amendment to the Developer's Agreement
2. Resolution
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Second Amendment to
Developer's Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Ltd.; Hunter 380
Prosper, LP; Western Rim Investors 2007-3, L.P.; Western Rim Investors 2007-4, L.P.; Shaddock
Developers, Ltd.; MF VII Prosper 41, LP; 380 Commons, Ltd.; MF III Prosper Commons; Prosper
Ventures Partners; Virginia Ridge Properties, Ltd.; Pinewood Woods, LP; and the Town of Prosper
related to the La Cima Development and 2) approve a resolution authorizing the Town Manager to
execute the same.
Agenda Item No. 4b - Page 2 of 2
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
This Second Amendment to Developer's Agreement ("Second Amendment") is made,
entered into, and effective as of the day of , 2010 ("Effective Date")
by and between PDC 380 Prosper, Ltd., a Texas limited partnership ("Developer"); Mustang -
Midway, Ltd., a Texas limited partnership ("Mustang"); Hunter 380 Prosper, LP, a Texas
limited partnership ("Hunter"); Western Rim Investors 2007-3, L.P., a Texas limited
partnership ("WRI 2007-3" ); Western Rim Investors 2007-4, L.P., a Texas limited partnership
("WRI 2007-4"); Shaddock Developers, Ltd., a Texas limited partnership ("Shaddock"); MF
VII Prosper 41, LP, a Texas limited partnership ("MF VII"); 380 Commons, Ltd., a Texas
limited partnership ("380"), MF III Prosper Commons, a Texas limited partnership ("MF III"),
Prosper Ventures Partners, a Texas limited partnership ("Prosper Ventures"), Virginia Ridge
Properties, Ltd., a Texas limited partnership ("Virginia Ridge"), Pineview Woods, LP, a
limited partnership ("Pineview"), and the Town of Prosper, Texas, a Texas general law
municipality (the "Town"); with the above -listed persons individually referred to as a ("Party")
and collectively referred to as (the "Parties").
RECITALS:
WHEREAS, Developer, Mustang and the Town entered into that certain Developer's
Agreement (the "Developer's Agreement") dated October 26, 2004, and recorded in
Volume 5814, Page 4279 of the Deed Records of Collin County, Texas, whereby Developer and
Mustang were granted certain rights and undertook certain obligations relating to that certain real
property owned by Developer and Mustang as described therein (the "Property"); and
WHEREAS, Developer, Mustang and the Town amended the Developer's Agreement by
entering into that certain "First Amendment to Developer's Agreement" dated effective as of
June 22, 2005, and recorded in Volume 5947, Page 2550 (Document No. 2005-0084518) of the
Deed Records of Collin County, Texas (the "First Amendment"); with the Developer's
Agreement as amended by the First Amendment hereinafter referred to as the "Amended
Developer's Agreement"; and
WHEREAS, Pursuant to Section 17 of the Amended Developer's Agreement, the duties,
obligations, and benefits of the Amended Developer's Agreement are covenants running with the
land and whereas portions of the Property were sold to Hunter, WRI 2007-3, WRI 2007-4,
Shaddock, MF VII, 380, Halle, MF III, Prosper Ventures, Virginia Ridge, the Episcopal Church
of Dallas, and Pineview; and
WHEREAS, Section 21(1) of the Amended Developer's Agreement allows, but does not
require, the Developer and Mustang to assign their respective duties, obligations, rights and
entitlements under the Amended Developer's Agreement; and
WHEREAS, the Episcopal Church of Dallas effectively assigned the duties, obligations,
and benefits under the Amended Developer's Agreement in their purchase agreement for their
land and, therefore, neither the Episcopal Church of Dallas nor the Corporation of the Episcopal
Diocese of Dallas are Parties to this Second Amendment or any future amendments to the
Amended Developer's Agreement; and
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 1
566455.v1 Rev.2.25.2010
WHEREAS, the Town has investigated and determined that all the duties and
obligations under this Developer's Agreement have been satisfied as to Lot 3, Block A as such
Lot is depicted in the Final plat and Conveyance plat approved by the Town and filed in County
Deed Records as Instrument No. 20090225010000410. The Town has, therefore, released Lot 3,
Block A from the Amended Developer's Agreement by separate legal document, which shall be
filed in County Deed Records. Halle is the current owner of Lot 3, Block A, and due to such
release shall not be a Party to the Amended Developer's Agreement and, therefore, is not a
signator hereto.
WHEREAS, except for the Episcopal Church of Dallas and Halle, the current owners of
portions of the Property are Parties to the Amended Developer's Agreement and have assumed
the obligations of Developer and Mustang under the Amended Developer's Agreement; and
WHEREAS, the Parties acknowledge and agree that they have not assigned their
respective duties, obligations, rights and entitlements under the Amended Developer's
Agreement to any persons not a Party, and that the Parties constitute all of the parties to the
Amended Developer's Agreement; and
WHEREAS, the Parties acknowledge that execution of future amendments to the
Amended Developer's Agreement will become more onerous as additional lots are sold off,
future assignments are made, and the number of Parties expand; and
WHEREAS, the Parties desire to execute this Second Amendment so that all Parties, as
well as their future assignees and successors -in -interest, can now and forever agree that future
amendments may be executed only by those Parties who are "affected" by a particular
amendment, as that term is defined herein.
NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), that
will be paid by the Developer, Mustang, Hunter, WRI 2007-3, WRI 2007-4, Shaddock, MF VII;
380, MF III, Prosper Ventures, Virginia Ridge, and Pineview to the Town, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged and
agreed, the Parties hereby agree as follows:
TERMS
1. All capitalized terms used in this Second Amendment, to the extent not otherwise
expressly defined herein, shall have the same meanings ascribed to such terms in the Amended
Developer's Agreement.
2. Except as otherwise provided herein, any amendments to the Amended
Developer's Agreement made after the effective date of this Second Amendment ("Future
Amendments") only need be signed and executed by the owners of those parcels of land within
the Property that are affected by that Future Amendment. A parcel of land within the Property
shall be considered affected by a Future Amendment if the Future Amendment creates, modifies,
or eliminates any duty, right, entitlement, or obligation set forth in the Amended Developer's
Agreement for that particular parcel of land or if the Future Amendment can reasonably be
expected to result in the owner of that parcel incurring additional costs or liabilities in the future.
3. All Future Amendments must be signed and executed by the Town.
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 2
566455.v1 Rev.2.25.2010
4. The Town shall not be held liable for any improper or mistaken determination that
a Party should or should not sign and/or execute a Future Amendment. The Parties also
individually and collectively release the Town from any such related claims and/or liability.
5. Unless a Party signs a Future Amendment, the existing obligations of that Party
shall not be expanded with respect to any parcel of land that is affected by this Second
Amendment. This provision, however, shall not preclude the expansion of existing obligations if
a Party acquires additional parcels of land or is assigned additional obligations from another
Party listed herein.
6. Notwithstanding anything contained herein to the contrary, the Parties, their
successors, and/or assigns shall and must be a party to any Future Amendment, which would in
any way affect a Party's right, if any, to receive Improvement Reimbursement Amounts and/or
any reimbursements to which the Parties, their successors, and/or assigns may be entitled
pursuant to the terms of the Amended Developers Agreement. For example, without the
Developer's written approval, the Town agrees not to waive, modify, or exempt any parcel of
land included in the Lakes of La Cima Property as described and/or depicted on Exhibit A and
Exhibit A-1 of the Amended Developer's Agreement from the obligation to pay impact fees, if
such impact fees would be used as Improvement Reimbursement Amounts and/or any
reimbursements to which the Developer may be entitled pursuant to the terms of the Amended
Developers Agreement. Furthermore, without Mustang's written approval, the Town agrees not
to waive, modify, or exempt any parcel of land included in the Mustang Property as described
and/or depicted on Exhibit B of the Amended Developer's Agreement from the obligation to pay
impact fees, if such impact fees would be used as Improvement Reimbursement Amounts and/or
any reimbursements to which Mustang may be entitled pursuant to the terms of the Amended
Developers Agreement.
7. A Party hereby waives all rights to challenge the validity and/or enforceability of
a particular Future Amendment if that Party is not an owner of a parcel of land that is affected by
that Future Amendment.
8. Nothing contained within the Amended Developer's Agreement, this Second
Amendment and/or any Future Amendments shall create a duty on the Town to collect impact
fees. The Town shall make all reasonable efforts to collect impact fees in accordance with all
Town Ordinances.
9. Except as specifically set forth herein, all terms and conditions of the Amended
Developer's Agreement are hereby ratified and confirmed and shall remain in full force and
effect.
10. The parties, along with their respective officers, directors, servants, agents,
representatives, employees, subcontractors, licensees, invitees and/or any other third
parties for whom the parties are legally responsible, do hereby fully, completely and
unconditionally release, relinquish and discharge the Town and its Town Council
members, officers, servants, agents, representatives and employees, from any and all
claims, demands, debts, obligations, liabilities, costs, expenses, controversies, liens,
encumbrances, actions and causes of action and deficiencies of any kind or character
whether known or unknown, suspected or unsuspected, whether in tort or contract,
whether fixed, contingent of otherwise which arise from or relate in any manner
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 3
566455.v1 Rev.2.25.2010
whatsoever to the facts alleged or that could have been alleged and claims asserted or that
could have been asserted by parties, solely relating to the Town tendering the Improvement
Reimbursement Amounts or any portion thereof, to the Developer and Mustang as
provided herein.
11. This Second Amendment may be executed in a number of counterparts and each
counterpart is deemed an original for all purposes.
12. The persons executing this Second Amendment hereby represent and warrant that
they are empowered and duly authorized to execute this Second Amendment in the capacity of
and on behalf of the Parties for which they have executed this Second Amendment.
13. This Second Amendment and the Amended Developer's Agreement embody the
entire agreement among the Parties regarding the subject matter hereof.
14. In case any one or more of the provisions contained in this Second Amendment
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to be
effective as of the Effective Date stated above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 4
566455.v1 Rev.2.25.2010
DEVELOPER:
PDC 380 PROSPER, LTD.,
a Texas limited partnership
By: 380 Prosper, Inc.
a Texas corporation,
its general partner
Nat
Title: /1 �.
STATE OF TEXAS §
COUNTY OF CD►_un1 §
This instrument was acknowledged before me on the S-T-4 day of M p', rz e," ,
2010, byJ- NvA E. 9,NpN&()Lts, -VQ -,4r of 380 Prosper, Inc., a Texas corporation, in its
capacity as general partner of PDC 380 Prosper, Ltd., a Texas limited partnership, on behalf of
said limited partnership.
[Seal]
is
MARY K. BARBER
My Commission ExpiresNotary Pu c in and for the State of Texas
September 09, 2013
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 5
566455.v1 Rev.2.25.2010
MUSTANG:
MUSTANG -MIDWAY PLANO, LTD.,
a Texas limited partnership
By: Mustang -Midway Plano GP, LLC,
a Texas Iimited liability company,
its general partner
By:
Name:
Title; M G/,L
STATE OF TEXAS §
COUNTY OF §
This ins e was a • owledged b ore me o the day of ,
2010,1) of Mustang -Midway Plano GP,
LLC, a Texa i ted liability c mpany, in its capa as general partner of Mustang -Midway
Plano, Ltd., a Texas limited partnership, on behalf of said limited partnership,
[Seal
atar P'ubliHn and for the State of Texas
JILL COOK
N0" PLftC, 9Ws of Mo
�q, Uy Camir.m Exp. xs�•2oii
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 6
566455.v1 Rcv,2.25,2010
L: tW tD)
HUNTER 380 PROSPER, LP,
a Texas limited partnership
By: Hunter A, LLC,
a Texas limited liability company,
General Partner
By:
Scott Rohrman, Manager
STATE OF TEXAS
COUNTY OF�Ias-
This instrument was acknowledged before me on the day of Mar6l ,
2010, by SCOTT ROHRMAN, Manager of Hunter A, LLC, a Texas limited liability company,
in its capacity as general partner of Hunter 380 Prosper, LP, a Texas limited partnership, on
behalf of said limited partnership.
[Seal]
FE-
tiT^'t$A.UD
.,ytitaz'�. ,`T.xas
+`�. ti ii iCXpj"s
1�a,, Jail �r tl
201 sl
Notary Public in
and for the State of Texas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 7
566455.vl Rev.2.25.2010
WRI 2007-3
WESTERN RIM INVESTORS 2007-3, L.P.,
a Texas limited partnership
By: Western Rim GenPar 07-3, L.P.,
a Texas limited partnership
By: Western Rim Inv Advisors 07-3, LLC,
a Texas limi &liability c pany,
its zeneraV artner
ber and
Chief
STATE OF TEXAS §
COUNTY OF I tW Irwn.l- §
This instrument was acknowledged before me on the S day of j r&�
2010, by MARCUS D. HILES, Presiding Member and Chief Executive Officer of Western Rim
Investment Advisors 07-3, LLC, a Texas limited liability company, the general partner of
Western Rim GenPar 07-3, L.P., a Texas limited partnership, the general partner of Western Rim
Investors 2007-3, L.P., a Texas limited partnership, on behalf of said limited partnership.
[Seal]
I NICKELLE R. BENSON
My Commission Expires
�a November 18, 201 S
Notary Public in and for the State of Texas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 8
566455.v1 Rev.2.25.2010
WRI 2007-4
WESTERN RIM INVESTORS 2007-4, L.P.,
a Texas limited partnership
By: Western Rim GenPar 07-4, L.P.
a Texas limited partnership
By: Western Rim Investment Advisors
a Texas limite i ><ty ompany�
its zeneraloirtner A 1
M.
STATE OF TEXAS §
COUNTY OF 1 §
Marcus D. Hil6§
Chief Executive
ber and
This instrument was acknowledged before me on the day of ,
2010, by MARCUS D. HILES, Presiding Member and Chief Executive Officer of Western Rim
Investment Advisors 07-4, LLC, a Texas limited liability company, the general partner of
Western Rim GenPar 07-4, L.P., a Texas limited partnership, the general partner of Western Rim
Investors 2007-4, L.P., a Texas limited partnership, on behalf of said limited partnership.
[Seal]
=NICKELLEBENSONn Expires8, 2013
NAry Public in and for the State of Texas
LLC,
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 9
566455.v1 Rev.2.25.2010
SHADDOCK DEVELOPERS, LTD.,
a Texas limited partnership
By: SHADDOCK DEVELOPMENT COMPANY,
a Texas corporation, Its General Partner
President
THE STATE OF TEXAS §
COUNTY OF COLLIN §
Shaddock
This instrument was acknowledged before me on the 5th day of March , 2010, by
WILLIAM C. SHADDOCK, President of Shaddock Development Company as General Partner of
Shaddock Developers, Ltd.
A&L�tjL miek,
Notary Public Ai and for the State of Texas
�r� �i►;;;4 SANDY MICK
•: Notary Public, State of Texas
'��.-�� My Commtssi commission yifbr�;.r Mf]y 28
'11 110
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 10
566455.v1 Rev.2.25.2010
MF VII:
MF VII PROSPER 41, LP,
a Texas limited partnership
By: MF VII Prosper 41 GP, Inc.,
a Texas corporation,
its general partner
Michael G. Beaty, President
STATE OF TEXAS §
COUNTY OF CPU.AO §
This instrument was acknowledged before me on the 23� day of rtp ,
2010, by MICHAEL G. BEATY, President of MF VII Prosper 41 GP, Inc., Texas
corporation, in its capacity as general partner of MF VII Prosper 4 LP, a Texas limited
partnership, on behalf of said limited partnership.
[S
HULON 1. WEBB JR.
;S
Notary Public. State of Texas
My Commission Expires
March 30, 2011
SU4-9wak-
Notary Public in and A4 the State of Texas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 11
566455.v1 Rev.2.25.2010
380 COMMONS, LTD.
a Texas limited partnership
By: — IL '
Name: A, 1+0 55- A — t S r
Title: _ j-..2t-�
STATE OF TEXAS §
COUNTY OF §
M0i
This 'nstrument was acknowledged before me on the e- day of ,
2010, by ,o Q i' ,the duly authorized representative of 380 COMMONS,
LTD., a Texas limit d partnership, on behalf of said limited partnership.
=o, RUBY CL€NN RRATCHER
* * Notary Public 11
eFj�M State of Texas otary blic in and for the State of Texas
y Comm. Expires 10-14-2013
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 12
566455.vl Rev.2.25.2010
MF III PROSPER COMMONS
a JZ- �W Gc%r1-� � ��4►� �''L3l iP
By:
Name:_
Title:
STATE OF TEXAS §
COUNTY OF cDU,&3 §
This instrument was acknowledged before me on the _2j:ik day of Ytlpr
2010, by MiCh ( G_ §gh , a duly representative of MF III Prosper Commons, a
T04Kas bnikd. (�► novsk:p , on behalf of said a'shi»
HULON T. WEBB JR.
Notary Public, State of Texas
:y«= My Commission Expires
' ; March 30, 2011 11
c4w-�6&-
Notary Public in and4r the State of Texas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 13
566455.v1 Rev.2.25.2010
PROSPER VENTURES PARTNERS
a Texas Limited Partnership
By:
Name: Stephan a Crise
Title: President
STATE OF TEXAS §
COUNTY OF §
This instrument was cknowledged before me on the���day of .I ,
2010, by /�� �y� , a duly authorized representative of Pro per Ventures
Partners, a "Cexar �ipM1i r�s�ner~cIKon behalf of said 11n,,i64 p�r,`►;�
[Seal]
,60' FPs y
SHANIE R. PONSfORD
Notary Public, State of Texas
My Commission Expires
May 04, 2013
hotaryPublictnand for the StakdTexas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 14
566455.v1 Rev.2.25.2010
VIRGINIA RIDGE PROPERTIES, LTD.
a Texas Limited Partnership
By:
_ ZL
Nam . Michael Crise
Title: Vice President
STATE OF TEXAS §
COUNTY O // §
Thip w s acknowledged before me on th4� day of ,
20107 by �Jlall —, a duly authorized representative of Arginia Ridge
Properties, Ltd., a Ty as limakd no,44nershi0 , on behalf of said
[Seal]
FIX
SHANIE R. PONSFORD
^ Notary Public, State of Texas
My Commission Expires
May 04, 2013
Aotaryyublic in and for the Stat&rexas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 15
566455.v1 Rev.2.25.2010
PIN VIEW WOODS. LP.
a c wL c` �-,e- 61!,(! 7We-,rs /r�
By:
Nai
Titl
STATE OF TEXAS §
COUNTY OF §
Thisk ' strument as acknowledged before me on the 209-day of L)�j 0 ,
2010, by , a duly authorized representative of Pine iew Woods,
LP, a i 12 on behalf of said limited partnership.
[Seal]
No Pub in and f the State of Texas
LINDA J. HANKS
Notary Public, State of Texas
My Commission Expires
'►:'�o���;•�' May 02, 2010
'VI11111
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 16
566455.v1 Rev.2.25.2010
TOWN
TOWN OF PROSPER, TEXAS
a Texas general law municipality
Mike Land, Town Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of ,
2010, by MIKE LAND, Town Manager of the Town of Prosper, Texas, a general law
municipality, on behalf of said municipality.
[Seal]
Notary Public in and for the State of Texas
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT Page 17
566455.vl Rev.2.25.2010
J
FIRST ST
�� J�;.. :L]j%?: rtc.•.�C�s"�'CI:6�L•':::';.C'rY JJt°;7;•::;a:�:'. 4'f;Jl'{":j:7 �::. ;;
CiPCFkSPRII�I�AR,
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sex
DR
o
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1.
PDC 380 Prosper, Ltd.
6b.
MF VI Prosper41, LP
11b. Western Rim Investors 20074LP
2.
Mustang -Midway Plano, Ltd.
7.
Mustang -Midway Plano, Ltd.
12. Shaddock Developers, Ltd.
3.
Hunter 380 Prosper, LP
8.
Prosper Ventures Partners
13. Shaddock Developers, Ltd.
4.
380 Commons, Ltd.
9.
Virginia Ridge Properties, Ltd.
14. Corporation of the Episopal
5.
Halle Properties, LLC
10.
Pineview Woods, LP
Diocese of Dallas
6a.
MF III Prosper Commons
11a.
Western Rim Investors 2007-31-13
DISCLAIMER
p
< The Town of Prosper has prepared this
+` map or information for internal purposes
P
TOWN OF only. It is made available under the
PER Public Information AR Any rotUon
S thb map or information is AT YOUR O OWN
�
+'
-r + I'z.' I , � �w++��• I�
RISK The Town of Prospsar assumes no
lability for any errors, omissions, or inaccuracies in the map or information
regardless of the cause of such or for any decision made, action''`
t•''•
r _�
taken, or action not Taken in reliance upon any maps or information
,
I
,'Y�
e
"
provided herein. The Town of Prosper makes no warranty,
i•, 1
V
{ "
representation, or guarantee of any kind regarding any maps or
+
^
Information provided heroin or the sources of such maps or
Informationand DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESSED AND IMPLIED, including the implied
warranties of merchantability and fitness for a particular purpose.
0 405 810 1,620
Feet
Prepared 8/27/09
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A SECOND
AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN PDC 380
PROSPER, LTD.; MUSTANG -MIDWAY LTD.; HUNTER 380 PROSPER,
LP; WESTERN RIM INVESTORS 2007-3, L.P.; WESTERN RIM
INVESTORS 2007-4, L.P.; SHADDOCK DEVELOPERS, LTD.; MF VII
PROSPER 41, LP; 380 COMMONS, LTD.; MF III PROSPER
COMMONS; PROSPER VENTURES PARTNERS; VIRGINIA RIDGE
PROPERTIES, LTD.; PINEWOOD WOODS, LP; AND THE TOWN OF
PROSPER RELATED TO THE LA CIMA DEVELOPMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Second Amendment to Developer's Agreement between PDC 380 Prosper, Ltd.;
Mustang -Midway Ltd.; Hunter 380 Prosper, LP; Western Rim Investors 2007-3, L.P.;
Western Rim Investors 2007-4, L.P.; Shaddock Developers, Ltd.; MF VII Prosper 41, LP;
380 Commons, Ltd.; MF III Prosper Commons; Prosper Ventures Partners; Virginia
Ridge Properties, Ltd.; Pinewood Woods, LP; and the Town of Prosper related to the La
Cima Development, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 81h day of June, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew D. Denton, Town Secretary
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
DEVELOPMENT
SERVICES
Agenda Item No. 4c
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — June 8, 2010
Date: June 4, 2010
Agenda Item:
Consider and act upon 1) a Third Amendment to Developer's Agreement between Western Rim
Investors 2007-3, L.P.; Hunter 380 Prosper, LP; and the Town of Prosper related to the La Cima
Development and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
In October 2004, the Town entered into an agreement with PDC 380 Prosper, Ltd., and Mustang -
Midway Plano, Ltd., related to the La Cima Development. The agreement obligated the Town to
reimburse PDC 380 Prosper, Ltd., for the cost of construction of La Cima Boulevard through the
reimbursement of thoroughfare impact fees and the waiver of construction inspection fees on the
first three phases of development. The agreement also waived park improvement and park
dedication fees in exchange for the dedication of hike and bike trails and other park improvements.
In addition, the agreement obligated Mustang -Midway Plano, Ltd., and PDC 380 Prosper, Ltd., to
dedicate and construct future Hillcrest Road and the future east -west thoroughfare connecting
future Hillcrest Road to La Cima Boulevard. In exchange, thoroughfare impact fees for the
Mustang -Midway Plano, Ltd., property are waived.
In June 2005, the Town entered into a First Amendment with PDC 380 Properties, Ltd., and
Mustang -Midway Plano, Ltd. The purpose of the First Amendment was to:
1. Clarify that the Mustang -Midway Plano, Ltd., or its assigns are to receive the waiver of only
thoroughfare impact fees (not water and sewer impact fees) in exchange for the dedication
and construction of future Hillcrest Road and the future east -west thoroughfare.
2. Stipulate that Mustang -Midway Plano, Ltd., or its assigns will receive credit against water
and sewer impact fees for the construction of any water and sewer lines depicted on the
Town's master water and sewer plans.
Agenda Item No. 4c - Page 1 of 2
The previous item on the June 8, 2010, Town Council agenda is the Second Amendment. The
purpose of the Second Amendment was to:
1. Depict the existing property owners within the
Developer's Agreement and Amendments.
2. Add a provision by where future amendments
owners of those parcels of land within the
amendment.
property that are a party to the La Cima
only need to be executed by the property
property that are affected by that future
The purpose of this Third Amendment is to modify the Developer's Agreement to clarify the
following obligations of Hunter 380 and Western Rim with respect to Hillcrest Road and the future
east -west thoroughfare:
1. Hillcrest Road has been removed from the Town of Prosper Thoroughfare Plan and
therefore Hunter 380 is not obligated to dedicate right-of-way for or construct Hillcrest
Road. In exchange, Hunter will construct an 8' wide hike and bike trail adjacent to the east -
west thoroughfare.
2. Western Rim's property is adjacent to the Hunter 380 property that contains the future east -
west thoroughfare. Western Rim is not obligated to construct the future east -west
thoroughfare on the Hunter 380 property adjacent to the Western Rim property. In
exchange, Western Rim will pay Impact Fees as set forth in the Developer's Agreement.
Budget Impact:
N/A
Legal Obligations and Review:
The amendment to the agreement was prepared by the Town Attorney's office.
Attached Documents:
1. Third Amendment to the Developer's Agreement
2. Resolution
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Third Amendment to Developer's
Agreement between Western Rim Investors 2007-3, L.P.; Hunter 380 Prosper, LP; and the Town
of Prosper related to the La Cima Development and 2) approve a resolution authorizing the Town
Manager to execute the same.
Agenda Item No. 4c - Page 2 of 2
THIRD AMENDMENT TO DEVELOPER'S AGREEMENT
THIS THIRD AMENDMENT TO DEVELOPER'S AGREEMENT ("Third
Amendment") is entered into and made to be effective as of the _ day of 2010
(the "Effective Date"), by and between WESTERN RIM INVESTORS 2007-3, L.P., a Texas
limited partnership ("Western Rim"), HUNTER 380 PROSPER, LP, a Texas limited
partnership ("Hunter"), and the TOWN OF PROSPER, TEXAS, a Texas general -law
municipality (the "Town of Prosper"); with the above -listed parties collectively referred to
hereinafter as (the "Parties").
RECITALS
WHEREAS, PDC 380 Prosper, Ltd, a Texas limited partnership (the "Developer"),
Mustang -Midway Plano, Ltd., a Texas limited partnership ("Mustang"), and the Town of Prosper
entered into that certain Developer's Agreement (the "Developer's Agreement") dated October
26, 2004, and recorded in Volume 5814, Page 4279 of the Deed Records of Collin County,
Texas, whereby Developer and Mustang were granted certain rights and undertook certain
obligations relating to that certain real property owned by Developer and Mustang as described
therein (the "Property"); and
WHEREAS, Developer, Mustang and the Town of Prosper amended the Developer's
Agreement by entering into that certain "First Amendment To Developer's Agreement" dated
effective as of June 22, 2005, and recorded in Volume 5947, Page 2550 (Document No. 2005-
0084518) of the Deed Records of Collin County, Texas (the "First Amendment"); and
WHEREAS, Pursuant to Section 17 of the Amended Developer's Agreement, the
duties, obligations and benefits of the Amended Developer's Agreement are covenants running
with the land and whereas the Property was sold to Hunter, Western Rim, Western Rim Investors
2007-4 L.P., Shaddock Developers, Ltd., MF III Prosper Commons, Prosper Ventures Partners,
Virginia Ridge Properties, Ltd., and Pineview Woods, L.P. (collectively referred to herein as the
"Purchasers")
WHEREAS, Purchasers, Developer, and Mustang further amended the Developer's
Agreement by entering into that certain "Second Amendment to Developer's Agreement" dated
effective as of (the "Second Amendment") in which the Purchasers,
Developer, and Mustang agreed that any future amendment shall only be signed and executed by
the owners of parcels of land within the Property that are affected by the future amendment; and
WHEREAS, the Developer's Agreement as amended by the First and Second
Amendment shall hereinafter be referred to as the "Amended Developer's Agreement"; and
WHEREAS, a Third Amendment to the Developer's Agreement is now proposed and
where, pursuant to the Second Amendment, only Western Rim, Hunter, and the Town are
required to execute; and
WHEREAS, Hunter owns the property described on Exhibit "A" attached hereto (the
"Hunter Tract"); and
551132 Pagel
WHEREAS, Western Rim owns the property described on Exhibit `S" attached hereto
(the "Western Rim Tract"), which is adjacent to the Hunter Tract and a portion of the Mustang
ROW; and
WHEREAS, Sec. 3 of the Amended Developer's Agreement requires Mustang to
dedicate right-of-way for the portion of future Hillcrest Road and a future east -west thoroughfare
(collectively, the "Mustang ROW") to be located on the "Mustang Property" (as defined
therein and herein so called). Sec. 4 of the Amended Developer's Agreement requires Mustang
to construct the "Mustang Road Improvements" (as defined therein and herein so called)
within the Mustang ROW; and
WHEREAS, the Town of Prosper no longer requires that Hillcrest Road be constructed
within the Mustang ROW. Furthermore, a question has arisen regarding the obligation of
Western Rim to construct a portion of the Mustang Road Improvements on the portion of the
Hunter Tract adjacent to the Western Rim Tract; and
WHEREAS, the Parties wish to enter into this Third Amendment (i) to amend the
Amended Developer's Agreement to clarify and/or modify Hunter and Western Rim's respective
rights, duties and obligations under the Amended Development Agreement with respect to the
Mustang Road Improvements, and (ii) to have the Town of Prosper confirm such allocation of
rights, duties and obligations so that there will be no confusion going forward between the
Parties.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00), that will be paid by Mustang and Western Rim to the Town, and other good and
valuable consideration as set forth herein, the receipt and sufficiency of which are hereby
acknowledged and agreed, the Parties hereby agree as follows:
TERMS
1. The Parties acknowledge that the Town of Prosper has removed Hillcrest Road
from its Thoroughfare Plan. Thusly, neither Hunter, nor any other owner of the Hunter Tract,
will be required to dedicate right-of-way for Hillcrest Road or construct the Mustang Road
Improvements related to Hillcrest Road. In exchange, in addition to Hunter's obligations as set
forth in the Amended Developer's Agreement, Hunter agrees to construct an eight -foot wide hike
and bike trail within that portion of the Richland Boulevard right-of-way and/or landscape and
public sidewalk easement that runs through and/or adjacent to the Hunter Tract. The hike and
bike trail shall be built in accordance with the Town's specifications, and construction must be
completed and accepted by the Town before or at the same time that the Town accepts Richland
Boulevard. Furthermore, any party who purchases a portion of the Hunter Tract adjacent to the
Richland Boulevard right-of-way shall be obligated to construct the hike and bike trail as
provided for in this Third Amendment. Except as provided herein, this Third Amendment shall
not otherwise alter the obligations, duties, or rights of Hunter, subsequent purchasers of the
Hunter Tract, or Hunter's assignees as set forth under the Amended Developer's Agreement,
including but not limited to: (1) the obligations to dedicate right-of-way for, or construct, the
future east -west thoroughfare running through the Hunter Tract; (2) the payment of Impact Fees;
551132 Page 2
and/or (3) the performance of other obligations relating to the Mustang Road Improvements (the
"Remaining Mustang Road Improvements").
2. Western Rim shall pay Impact Fees, as set forth in the Amended Developer's
Agreement. Unless Western Rim acquires a portion of the Hunter Tract within or adjacent to the
Mustang ROW, Western Rim shall not be required to construct or pay for the construction of the
Remaining Mustang Road Improvements. If Western Rim acquires a portion of the Hunter Tract
within or adjacent to the Mustang ROW, the Town shall consider Western Rim to be Mustang's
assignee, and Western Rim shall have all of the rights and duties of Mustang for the Hunter Tract
as set forth in the Amended Developer's Agreement. As of the date of this Third Amendment,
Western Rim has paid all Impact Fees owed to the Town for the Wester Rim Tract.
3. THE PARTIES, ALONG WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, SERVANTS,
AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES AND/OR ANY
OTHER THIRD PARTIES FOR WHOM THE PARTIES ARE LEGALLY RESPONSIBLE, DO HEREBY FULLY,
COMPLETELY AND UNCONDITIONALLY RELEASE, RELINQUISH AND DISCHARGE THE TOWN AND ITS
TOWN COUNCIL MEMBERS, OFFICERS, SERVANTS, AGENTS, REPRESENTATIVES AND EMPLOYEES,
FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, OBLIGATIONS, LIABILITIES, COSTS, EXPENSES,
CONTROVERSIES, LIENS, ENCUMBRANCES, ACTIONS AND CAUSES OF ACTION AND DEFICIENCIES OF ANY
KIND OR CHARACTER WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER IN
TORT OR CONTRACT, WHETHER FIXED, CONTINGENT OF OTHERWISE WHICH ARISE FROM OR RELATE IN
ANY MANNER WHATSOEVER TO THE FACTS ALLEGED OR THAT COULD HAVE BEEN ALLEGED AND
CLAIMS ASSERTED OR THAT COULD HAVE BEEN ASSERTED BY PARTIES, RELATING TO THE TOWN
TENDERING THE REIMBURSEMENT OF IMPACT FEES OR ANY PORTION THEREOF, TO THE DEVELOPER AS
PROVIDED BY THE AMENDED DEVELOPERS AGREEMENT AND THIS THIRD AMENDMENT.
4. Except as specifically set forth herein, all terms and conditions of the Amended
Developer's Agreement are hereby ratified and confirmed and will remain in full force and
effect.
5. This Third Amendment may be executed in a number of identical counterparts. If
so executed, each such counterpart is to be deemed an original for all purposes, and all such
counterparts will, collectively, be deemed to constitute one complete Third Amendment.
6. The individuals executing this Third Amendment hereby represent and warrant
that they are empowered and duly authorized to so execute this Third Amendment in the
capacities and on behalf of the Parties for which they have executed this Third Amendment.
7. This Third Amendment and the Amended Developer's Agreement embody the
entire agreement between the Parties regarding the subject matter hereof. There are no oral
understandings or agreements between the Parties regarding the subject matter hereof. This
Third Amendment may only be amended by written agreement executed by all Parties hereto.
8. In case any one or more of the provisions contained in this Third Amendment
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Third
Amendment and the Amended Developer's Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
551132 Page 3
IN WITNESS WHEREOF, the Parties have executed this Third Amendment to be
effective as of the Effective Date stated hereinabove.
WESTERN RIM:
WESTERN RIM INVESTORS 2007-3, L.P.,
a Texas limited partnership
By: Western Rim GenPar 07-3, L.P.,
a Texas limited partnership_
By: Western Ri nvestment dvisors
07-3, LL , a Texas limite liabi
compaiW, its jeeneral partn r
ve
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the � :� day of , , 2010, by the
individual known to me to be MARCUS D. HILES, acting in his capacity as the Presiding
Member and Chief Executive Officer of Western Rim Investment Advisors 07-3, LLC, a Texas
limited liability company, the general partner of Western Rim GenPar 07-3, L.P., a Texas limited
partnership, the general partner of Western Rim Investors 2007-3, L.P., a Texas limited
partnership, on behalf of said limited partnership.
[SEAL] 7C
Not�lic in and for the State of Texas
�i�;,.
=o �¢ NICKELLE R. BENSON
1 � p Commission Expires
' November 18, 2018
HUNTER:
551132 Page 4
HUNTER 380 PROSPER, LP,
A Texas Limited Partnership
BY: HUNTER A, LLC,
A Texas Limited Liability Company,
General Partner
BY:
Scott ohrman, anager
THE STATE OF TEXAS
COUNTY OF l J d l a$
This instrument was acknowledged before me on the i day of k .rc h , 2010, by
SCOTT ROHRMAN, Manager of Hunter A, LLC, a Texas limited liability company, in its
capacity as general partner of Hunter 380 Prosper, LP, a Texas limited partnership, on behalf of
said limited partnership.
[SEAL]
Notary Public in and for the State of Texas
==I
AUO of Texas Expires�'' °;�;��'10
551132 Page 5
TOWN OF PROSPER:
TOWN OF PROSPER, TEXAS,
a Texas general -law municipality
M.
THE STATE OF TEXAS §
COUNTY OF COLLIN §
Mike Land, Town Manager
This instrument was acknowledged before me on the _ day of , 2010, by the
individual known to me to be MIKE LAND, in his capacity as Town Manager of the Town of
Prosper, Texas, a Texas general -law municipality, on behalf of said municipality.
[SEAL]
Notary Public in and for the State of Texas
551132 Page 6
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TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A THIRD
AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN
WESTERN RIM INVESTORS 2007-3, L.P.; HUNTER 380 PROSPER,
LP; AND THE TOWN OF PROSPER RELATED TO THE LA CIMA
DEVELOPMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Third Amendment to Developer's Agreement between Western Rim Investors 2007-3,
L.P.; Hunter 380 Prosper, LP; and the Town of Prosper related to the La Cima
Development, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 81h day of June, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew D. Denton, Town Secretary
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
DEVELOPMENT
SERVICES
Agenda Item No. 4d
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting — June 8, 2010
Date: June 4, 2010
Agenda Item:
Consider and act upon 1) a Fourth Amendment to Developer's Agreement between PDC 380
Prosper, Ltd.; Mustang -Midway Plano Ltd.; and the Town of Prosper related to the La Cima
Development and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
In October 2004, the Town entered into an agreement with PDC 380 Prosper, Ltd., and Mustang -
Midway Plano, Ltd., related to the La Cima Development. The agreement obligated the Town to
reimburse PDC 380 Prosper, Ltd., for the cost of construction of La Cima Boulevard through the
reimbursement of thoroughfare impact fees and the waiver of construction inspection fees on the
first three phases of development. The agreement also waived park improvement and park
dedication fees in exchange for the dedication of hike and bike trails and other park improvements.
In addition, the agreement obligated Mustang -Midway Plano, Ltd., and PDC 380 Prosper, Ltd., to
dedicate and construct future Hillcrest Road and the future east -west thoroughfare connecting
future Hillcrest Road to La Cima Boulevard. In exchange, thoroughfare impact fees for the
Mustang -Midway Plano, Ltd., property are waived.
In June 2005, the Town entered into a First Amendment with PDC 380 Properties, Ltd., and
Mustang -Midway Plano, Ltd. The purpose of the First Amendment was to:
1. Clarify that the Mustang -Midway Plano, Ltd., or its assigns are to receive the waiver of only
thoroughfare impact fees (not water and sewer impact fees) in exchange for the dedication
and construction of future Hillcrest Road and the future east -west thoroughfare.
2. Stipulate that Mustang -Midway Plano, Ltd., or its assigns will receive credit against water
and sewer impact fees for the construction of any water and sewer lines depicted on the
Town's master water and sewer plans.
Agenda Item No. 4d - Page 1 of 2
The previous items on the June 8, 2010, Town Council agenda include the Second and Third
Amendment. The purpose of the Second Amendment was to:
1. Depict the existing property owners within the
Developer's Agreement and Amendments.
2. Add a provision by where future amendments
owners of those parcels of land within the
amendment.
property that are a party to the La Cima
only need to be executed by the property
property that are affected by that future
The purpose of the Third Amendment was to modify the Developer's Agreement to clarify the
following obligations of Hunter 380 and Western Rim with respect to Hillcrest Road and the future
east -west thoroughfare:
1. Hillcrest Road has been removed from the Town of Prosper Thoroughfare Plan and
therefore Hunter 380 is not obligated to dedicate right-of-way for or construct Hillcrest
Road. In exchange, Hunter will construct an 8' wide hike and bike trail adjacent to the east -
west thoroughfare.
2. Western Rim's property is adjacent to the Hunter 380 property that contains the future east -
west thoroughfare. Western Rim is not obligated to construct the future east -west
thoroughfare on the Hunter 380 property adjacent to the Western Rim property. In
exchange, Western Rim will pay Impact Fees as set forth in the Developer's Agreement.
With the construction of the La Cima development, PDC 380 Prosper, Ltd., and Mustang -Midway,
Ltd., funded the construction of the necessary force main, lift station and gravity sewer line to serve
the development. As stipulated in the Developer's Agreement, the Town of Prosper agrees to
reimburse the actual construction costs for these improvements.
The purpose of this Fourth Amendment is to:
1. State the actual construction costs of the force main, lift station and gravity sewer line
funded by PDC 380 Prosper, Ltd., and Mustand-Midway Plano, Ltd. ($707,235.12)
2. Clarify the method of reimbursement by the Town of Prosper to PDC 380 Prosper, Ltd., and
Mustang -Midway Plano, Ltd. (Waste water impact fees collected in the area depicted in
Exhibit "P" in the Fourth Amendment will be distributed 38% to PDC 380 Prosper and 62%
to Mustang -Midway.)
Budget Impact:
N/A
Legal Obligations and Review:
The amendment to the agreement was prepared by the Town Attorney's office.
Attached Documents:
1. Fourth Amendment to the Developer's Agreement
2. Resolution
Board. Committee and/or Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the Fourth Amendment to Developer's
Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Plano Ltd.; and the Town of Prosper
related to the La Cima Development and 2) approve a resolution authorizing the Town Manager to
execute the same.
Agenda Item No. 4d - Page 2 of 2
AFTER RECORDING, PLEASE RETURN TO:
Town of Prosper
Attn: Matt Denton, Town Secretary
121 W. Broadway Street
P.O. Box 307
Prosper, TX 75078
FOURTH AMENDMENT TO DEVELOPER'S AGREEMENT
THIS FOURTH AMENDMENT TO DEVELOPER'S AGREEMENT ("Fourth
Amendment") is entered into and made to be effective as of the _ day of ,
2010 (the "Effective Date"), by and between PDC 380 PROSPER, LTD., ("Developer'),
MUSTANG -MIDWAY PLANO LTD. ("Mustang") and the TOWN OF PROSPER, TEXAS,
a Texas home rule municipality (the "Town of Prosper'); with the above -listed parties
collectively referred to hereinafter as (the "Parties").
RECITALS
WHEREAS, The Parties entered into that certain Developer's Agreement (the
"Developer's Agreement") dated October 26, 2004, and recorded in Volume 5814, Page 4279 of
the Deed Records of Collin County, Texas, whereby Developer and Mustang were granted
certain rights and undertook certain obligations relating to that certain real property owned by
Developer and Mustang as described therein (the "Property"); and
WHEREAS, The Parties amended the Developer's Agreement by entering into that
certain "First Amendment To Developer's Agreement" dated effective as of June 22, 2005, and
recorded in Volume 5947, Page 2550 (Document No. 2005-0084518) of the Deed Records of
Collin County, Texas (the "First Amendment"); and
WHEREAS, Pursuant to Section 21(1) of the Developer's Agreement and the First
Amendment, the assignment of duties, obligations, rights, and entitlements were made when
certain parcels of land were sold to third parties; and
WHEREAS, The Developer's Agreement was amended again by entering into a
"Second Amendment to Developer's Agreement" dated effective as of
(the "Second Amendment") in which the Parties and assignees agreed that any future amendment
shall only be signed and executed by the owners of parcels of land within the Property that are
affected by the future amendment; and
WHEREAS, a Third Amendment to the Developer's Agreement was executed dated
effective as of (the "Third Amendment"), but Developer and Mustang did not
own parcels of land that were affected by the Third Amendment and, therefore, pursuant to the
Second Amendment, were not signators to the Third Amendment; and
WHEREAS, the Developer's Agreement as amended by all previous amendments shall
hereinafter be referred to as the "Amended Developer's Agreement"; and
Fourth Amendment to Developer's Agreement Page 1 of 6
566456.0 gpd 1.19.2010
WHEREAS, a Fourth Amendment to the Amended Developer's Agreement is now
proposed and no existing obligations of owners parcels of land within the Property are expanded
or affected by the proposed Fourth Amendment other than Developer and Mustang; and
WHEREAS, the Parties wish to enter into this Fourth Amendment (i) to state the actual
cost of Waste Water Impact Fees for Developer and Mustang; (ii) to attach new Exhibits
depicting the necessary force main, lift station, and gravity sewer line; and (iii) to clarify method
of reimbursement of Waste Water Impact Fees.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00), that will be paid by Developer and Mustang to the Town, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, the
Parties hereby agree as follows:
1. Section 14 (c) of the Amended Developer's Agreement is hereby amended and
restated to read in its entirety as follows:
"(c) Waste Water Impact Fees. Developer and Mustang have, at their sole
cost and expense and in accordance with any and all rules, regulations,
and/or requirements of the Town of Prosper, including but not limited to,
the Town of Prosper's Master Water and Waste Water Plans, constructed
and installed a force main, lift station, and gravity sewer line as depicted
in Exhibit "O", which is attached to and made a part of this Developer's
Agreement (the "Sanitary Sewer Line"). The Town of Prosper agrees to
reimburse Developer and Mustang's Actual Costs (as that term is defined
below) for the construction of the Sanitary Sewer Line with those waste
water impact fees collected by the Town of Prosper for that "Service
Area" depicted on Exhibit "P", attached hereto and made a part of this
Developer's Agreement and being the Mustang Commercial Property.
Actual costs shall equal seven hundred and SEVEN THOUSAND, TWO
HUNDRED AND THIRTY-FIVE DOLLARS AND TWELVE CENTS
($707,235.12) ("Actual Costs"). Notwithstanding anything to the
contrary, the total amount of reimbursement shall not exceed Actual Costs
and if the amount of collected waste water impact fees in the area depicted
on Exhibit "P" does not equal Actual Costs, the Town of Prosper shall not
be obligated to reimburse Developer for the balance. Payment of the
reimbursements shall always be as follows: sixty-two (62%) percent of all
amounts to be reimbursed pursuant to this paragraph shall be paid to
Mustang and the remaining thirty-eight (38%) percent shall be paid to
Developer. Any waste water impact fees collected from the area depicted
in Exhibit "P" before the date of execution of this Fourth Amendment,
shall be paid to Mustang and Developer within thirty days after the
execution of this Fourth Amendment. Any waste water impact fees
collected in the area depicted in Exhibit "P", after the execution of this
Fourth Amendment shall be reimbursed on a quarterly basis, with
Fourth Amendment to Developer's Agreement Page 2 of 6
566456.v1 gpd 1.19.2010
payments being made by the Town of Prosper to Mustang and Developer
in March, June, September, and December of each year. Without the prior
written consent of both of Developer and Mustang, no Future Amendment
(as defined in the Second Amendment) shall reduce, delay or alter in any
manner the rights of Developer and/or Mustang to receive payment of
reimbursements from impact fees as provided herein nor waive, modify or
exempt any parcel of land depicted in Exhibit "P" from the obligation to
pay such impact fees. Further, the Town of Prosper shall collect all waste
water impact fees applicable to the parcels of land depicted in Exhibit "P"
in accordance with the Impact Fee Ordinances without amendment or
waiver."
2. THE PARTIES, ALONG WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, SERVANTS,
AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES
AND/OR ANY OTHER THIRD PARTIES FOR WHOM THE PARTIES ARE LEGALLY
RESPONSIBLE, DO HEREBY FULLY, COMPLETELY AND UNCONDITIONALLY RELEASE,
THE TOWN AND ITS TOWN COUNCIL MEMBERS, OFFICERS, SERVANTS, AGENTS,
REPRESENTATIVES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS,
OBLIGATIONS, LIABILITIES, COSTS, EXPENSES, CONTROVERSIES, LIENS,
ENCUMBRANCES, ACTIONS AND CAUSES OF ACTION AND DEFICIENCIES OF ANY KIND OR
CHARACTER WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED,
WHETHER IN TORT OR CONTRACT, WHETHER FIXED, CONTINGENT OF OTHERWISE
WHICH ARISE FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE FACTS
ALLEGED OR THAT COULD HAVE BEEN ALLEGED AND CLAIMS ASSERTED OR THAT
COULD HAVE BEEN ASSERTED BY PARTIES, SOLELY RELATING TO THE TOWN
TENDERING IMPROVEMENT REIMBURSEMENT AMOUNTS OR ANY PORTION THEREOF,
TO THE DEVELOPER AND MUSTANG AS PROVIDED HEREIN.
3. Except as specifically set forth herein, all terms and conditions of the Amended
Developer's Agreement are hereby ratified and confirmed and will remain in full
force and effect.
4. This Fourth Amendment may be executed in a number of identical counterparts. If so
executed, each such counterpart is to be deemed an original for all purposes, and all
such counterparts will, collectively, be deemed to constitute one complete Fourth
Amendment.
5. The individuals executing this Fourth Amendment hereby represent and warrant that
they are empowered and duly authorized to so execute this Fourth Amendment in the
capacities and on behalf of the Parties for which they have executed this Fourth
Amendment.
Fourth Amendment to Developer's Agreement Page 3 of 6
566456.v1 gpd 1.19.2010
6. This Fourth Amendment and the Amended Developer's Agreement embody the entire
agreement between the Parties regarding the subject matter hereof. There are no oral
understandings or agreements between the Parties regarding the subject matter hereof.
This Fourth Amendment may only be amended by written agreement executed by all
Parties hereto.
7. In case any one or more of the provisions contained in this Fourth Amendment shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof,
and this Fourth Amendment and the Amended Developer's Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
8. All capitalized terms used in this Fourth Amendment, to the extent not otherwise
expressly defined herein, shall have the same meanings ascribed to such terms in the
Amended Developer's Agreement.
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment to be
effective as of the Effective Date stated hereinabove.
PDC 380 PROSPER, LTD.,
a Texas limited partnership
By: 380 Prosper, Inc., a Texas corporation,
its General Partner
By: �&, .z-
4s,!dent
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the 5rsA day of M n rg, , 2010, by
the individual known to me to be JOHN E. PAPAGOLOS, acting in his capacity as the
President of 380 Prosper, Inc., a Texas corporation, a General Partner to PDC 380 Prosper, Ltd.,
a Texas limited partnership, on behalf of said limited partnership.
[SEAL] -k
••••� Notary Publi6 in and for the State of Texas
MARY K. BARBER
?" mmission Expires
September 09, 2013
Fourth Amendment to Developer's Agreement Page 4 of 6
566456.v1 gpd 1.19.2010
MUSTANG:
MUSTANG -MIDWAY PLANO, LTD.,
a Texas limited partnership
By: Mustang -Midway Plano GP, LLC,
a Texas limited liability company,
its general partner
By: Z ;e�� �.
Name: /19
Title:
STATE OF TEXAS §
COUNTY OF DALLAS §
This ins t as ac o led be ore mq on
2010, by IV, rQ if qAM
Plano GP, L1,C, a e imi ed is ility pany, in its cz
Midway Plano, td., a Texas limited partnership, on behalf
[Seal]
the day of 4& ,
AQ 6� of Mustang -Midway
ppqity as general partner of Mustang-
: said limited partnership.
L
cmy�
Not Publ c i and for the State of Texas
y�uw�
JILL COOK
Noary PiNt. Stara of Tnu
My Con pion Up. 11.21- 011
Fourth Amendment to Developer's Agreement Page 5 of 6
566456.v1 gpd 1.19.2010
TOWN OF PROSPER, TEXAS,
a Texas general -law municipality
By:
Mike Land, Town Manager
THE STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of , 2010,
by the individual known to me to be MIKE LAND, in his capacity as Town Manager of the
Town of Prosper, Texas, a Texas general -law municipality, on behalf of said municipality.
[SEAL]
Notary Public in and for the State of Texas
Fourth Amendment to Developer's Agreement Page 6 of 6
566456.v1 gpd 1.19.2010
EXHIBIT O
LA CIMA LIFT STATION NO.2 AND GRAVITY LINE
COST PARTICIPATION
November 30, 2006
LINE W
LIFT STATION AND FORCEMAIN
DESIGN CAPACITY = 1.27 MGD 1782.6 gpm
La Cima -► 0.479 MGD (42.5%)
Folsom -► 0.648 MGD (57.51/6)
CONSTRUCTION COSTS
Contract tiht
Item
Unit Bid
TOW
2,400.00
-LF- 8" PVC Sewer SDR-26 CL, 160 Force Main
$ 15.65 $
37,560.00
1.00
-LS- .94 MGD Lift Station
244.000.00
244,000.00
108.00
-LF- V Wrought Iron Fence
70.00
7,560.00
17.00
-LF- 8' Railing Wrought Iron Fence
190.00
3,230.00
1.00
-LS- Scada System, Antenna & Base
18,275.00
19.275.00
1.00
-LS- Odor Control
4,850.00
4,850.00
177.00
SY 6" Concrete 3500psi
42.50
7,522-50
34.00
-LF- Sawcut
6.00
204.00
15.00
4LF-12" PVC Sewer SDR 26
38.50
577.50
30.00
-LF- 8" PVC Sewer SDR-26
33.25
997.50
1.00
-EA- W Std. Manhole
2,475.00
2,475.00
45.00
-LF- Trench Satety
0.10
4.50
45.00
-LF- Test & T V Sewer
1.05
4725
1.00
-EA- 8: 60- Force Main Bend
1W.00
180.00
1.00
-EA- 8145- Force Main Bend
180.00
180.00
147.00
-EA- 16"Steel Encasement
92.00
9,114.00
28.00
-LF- 2-Tx T Direct Drive Culvert
428.00
11,984.00
2.00
-EA- 2-5k T "FW-W Headwall w/Apmn
4,350.00
8,7W.00
7,400.00
-LF- Force Main Testing
0.40
960.00
1.00
-2 year 10% Maintenance Bond
1,315.00
1,315.00
$ 359,736.25
ENGINEERING SERVICES" •3 14,575AI
CONSTRUCTION STAKING" $ 197.83-
CITY FEES (3% Inspection Fee) $ 10,752.64
TOTAL $ 385,262.13
DEVELOPER COSTS 42.60% $ 163,736AO
MUSTANG COSTS 57.60% $ 221,625.72
A = Engineering Serv. & Cant Stetting derived horn DAA involoe Vs 7017, 8026, 8236, 8456, 8804 & 9168
B = lnspeoHon fee based on 3%of construction costs minus malaL bond ($358,421.25 x 0.03)
EXHIBIT O
LINE "B"
GRAVITY LINE TO LA CIMA BLVD
La Cima —. 0.479 MGD (32.8%)
Folsom —+ 0.982 MGD (67.2%)
TOTAL = 1.461 MGD / 1014.5 gpm
CONSTRUCTION COSTS
Contract 0ty
item
2.659.00
-LF-15" PVC Sewer SDR-26
1,309.00
-LF-10" PVC Sewer SDR-26
80.00
-LF- 8" PVC Sewer SDR-25
4.00
-EA-4'StdManhole
9.00
-EA- 5' Transition Manhole
2.00
-EA- T Drop Mannole
1.00
-EA- Connect to E)dsting Sewer Main
90.00
-EA- 24" Steel Encasement
4,248.00
-LF- Trench Safety
4,248.00
-LF- Test a T V Sewer
1.00
2 year 10% Maintenance Bond
ENGINEERING SERVICES^
CONSTRUCTION STAKING"
CITY FEES (3% Inspection Fees")
DEVELOPER COSTS
MUSTANG COSTS
Unit Bid Total
$ 65.50 $
187,264.50
24.65
32,266.85
33.25
2,660.00
2,475.00
9.900.00
4,125.00
37.125.00
10,000.00
20,000.00
1.525.00
1,525.00
85.75
7,717.50
0.10
424.80
1.05
4AW.40
735.00
735.00
$ 304,079.05
$ 8.626.45
$ 167.17
$ 9,100.32
TOTAL $ 321,972.99
32.80% 1 $ 05.6 " " r T l
67.20% tea,
A = Fltglmering Sent 6 Conte Staking derived from DAA invoice its 7017, 8026, 8235, 8456, 8804 & 9168
B = Inspection lee based on 3% of consbucfion costs minus maint bond (5358,421.25 x 0.03)
' DOWDEY, ANDERSON
& ASSOCIATES, INC.
aver ENGINEERSF
5125V&SeGeekDrk
Suile200
hojens 15093
972-9314694
972-931.9538 Fax
Papagolos Development Company
5225 Village Creek Drive
Suite 300
Plano, TX 75093
ATTN: JOHN PAPAGOLOS
EXHIBIT 4
File:100059LS Date: 12/21/2005
Invoice No: 00007017 j
La Cima Lift Station 2 i
i Prosper, Texas
i
t
DESCRIPTION QUANTITY RATE AMOUNT
ENGINEERING SERVICES:
Overall Tract
Extra Work: Lift Station & Force Main Design
Design Engineer 33.00 120.00
Senior Technician 41.00 95.00
Thank You For Your Business!
Terms: NET/30
— __ . ___..__ _..__ _ -- • "-DOWDEY, ANDERSON & ASSOCIATES, INC.
1
3,960.00
3,895.00
Total Due: 7,855.00
M
DOWDEY, ANDERSON
& ASSOCIATES, INC.
GVIL ENGINEERS
5225 Vbge Leek D k
Memo
kno,Texas 75093
912.931494
972-931.9538 fax
Papagolos Development Company
5225 Village Creek Drive
Suite 300
Plano, TX 75093
ATTN: JOHN PAPAGOLOS
EXHIBIT O
File: J00059LS Date: 02/24/2006
` Invoice No: 00008026
I La Cirna Lift Station 2
Prosper, Texas
1
DESCRIPTION
QUANTITY RATE AMOUNT ---.�
ENGINEERING SERVICES:
I
Lift Station #2 and Force Main Design
Design Engineer
Senior Technician
54.00 120.00 6,480.00 f
68.00 95.00 6,460.00
SUBTOTAL
!
12,940.00
REiMBURSABLES BILLED:
On Time Courier 588735 W
On Time Courier 588732W
On Time Courier 590358 W
Thomas Printing Expense 088026
Thomas Printing Expense 061878
Courthouse Direct Copies
SUBTOTAL
Terms: NET 30
27.14
45.04
21.37
138.54
20.36
20.48
272,93 -
Total Due: 13,212.93
4.
DOWDEY, ANDERSON & ASSOCIATES, INC.
® \OWDEY, ANDERSON
& ASSOCIATES, INC.
CIVIL ENGINEERS
5225Vi age Credo Drive
Suite 200
Plano, Texas 15093
912-931494
972-931.9538 fax
Papagolos Development Company
5225 Village Creek Drive
Suite 300
Plano, TX 75093 ;
ATTN: JOHN PAPAGOLOS
i
I
DESCRIPTION
REIIMBURSABLES BILLED:
Thomas Printing Expense 087440
Thomas Printing Expense 087441
Thomas Printing Expense 087442
On Time Couriers Service 603000W
Oo Time Couriers Service602999W
EXHIBIT a
File:100059LS Date: _ 03/24/2006
Invoice No: 00008236 j
La Cima Lift Station 2 I
Prosper, Texas
QUANTITY RATE AMOUNT '
3.21 j
50.36
90.02
12.13
10.78
i
i
Terms: NET 30
Total Due: 166.50
E
DOWDEY, ANDERSON & ASSOCIATES, INC.
EXHIBIT O
pAffik\CIVIL
OWDEY, ANDERSON
$ ASSOCIATES, INC.
ENGINEERS
5125ffigeCreekOme
Suite M
Plano, Texas 75093
911.93M694
972-931.9538 Fax
Papagolos Development Company
5225 Village Creelc Drive
File: J00059LS Date:
04/25/2006
Suite 300
Invoice No:
00008456
Plano, TX 75093
La Cima LiftStation 2
ATTN.-JOHN PAPAGOLOS
Prosper, Texas
DESCRIPTION
QUANTITY RATE
AMOUNT !
ENGINEERING SERVICES:
i
ADDITIONAL SERVICES
II
Revise easements, casement filing
Design Engineer
1
Senior Technician
3.00 120.00
360.00
2.00 95.00
190.00
Stake lift station
Survey Crew
1.00 130.00
l
130.00
I
SUBTOTAL
t
680.00
REIIvBURSABLES BILLED:
Collin County Copies
Thomas•Printing Expense 088608
105.60
Thomas Printing Expense 110573
128.24
Thomas Printing Expense 110605
208.96 _
Thomas Printing Expense 084050
44.51
Thomas Printing Expense 084049
18.21
Thomas Printing Expense 121255
93.66
Thomas Printing Expense 121256
24.11
69.44
Terms: NET 30
Total Due: 1,449.14 i
I
!
1
DOWDEY, ANDERSON & ASSOMATF.R Wr
EXHIBIT O
DOWDEY, ANDERSON
& ASSOCIATES, INC.
CIVIL ENGINEERS
5225 Vhge Greek Drive
Suile100
Pbno, Teo 75093
972-9314694
972-931.9538 Fax
Papagolos Development Company -
File: J00059LS Date: 04/25/2006 i
5225 Village Creek Drive
Suite 300 Invoice No: 00008456
Plano, TX 75093 La Cima Lift Station 2 f
ATTN: JOHN PAPAGOLOS Prosper, Texas i
Thomas Printing Expense 121257 -..._ .. _.. _...._ . -__—• �,
On Time Courier Expense 610I45W 1.06
Inhouse Courier Service 20.35
55.00
SUBTOTAL 769.14
f
I
i
f
{
t
t
f
Terms: NET 30
Total Dire: 1,449.14
' I
DOWDEY, ANDEMON & ASSOCIATF.S iNr. —
EXHIBIT O
AWN.
ANDERSON
& ASSOCIATES, INC.
CML ENGINEERS
5225 0age Cred Drive
Suile200
Pkw,Tem75093
972-931494
912-931.953E Fax
Papagolos Development Company File: J00059LS Date: 06l24/2006
5225 Village Creek Drive
Suite 300 Invoice No: 00008804
Plano, TX 75093 + La Cima Lift Station 2
' Prosper, Texas
ATTN: JOHN PAPAGOLOS I
1
DESCRIPTION QUANTITY RATE AMOUNT
REIM13URSABLES BILLED:
On Time Courier Expense 619984 W
On Time Courier Expense 619625W 20.21
Thomas Printing Expense 119462 14.44
On Time Courier Expense 631510W
2.I4
Thomas Printing Expense 1.20208 10.72
1.06 i
i
1
i
Terms: NET 30
.. i
Total.Due: 48.57 #�
I
DOWDEY. ANDERSON ,4k ARMOTATPe YKT/-
EXHIBIT O
PAFIK\CIVIL
OWDEY, ANDERSON
& ASSOCIATES, INC.
ENGINEERS
5225 Vhge Creek Drk
Slrite 200
Mano,Texas 75093
972.930694
972-931.9538 Fax
Papagolos Development Company
5225 Village Creek Drive
File: J00059LS Date:
09/25/2006
Suite 300
Invoice No:
00009168 i
Plano, TX 75093
La Cima Lift Station 2
i
ATTN: JOHN PAPAGOLOS
Prosper, Texas
j
r
r
DESCRIPTION
ENGINEERING SERVICES:
QUANTITY RATE
AMOUNT !
{
Staking, as-buiits
Senior Technician
!
Design Engineer
5.00 100.00
500.00 '
Survey Crew
1.00 135.00
135.00
1.00 140.00
140.00
SUBTOTAL
!
775.00
REIM13URSABLES BILLED:
On Time Courier Expense 648528 W
Thomas Printing Expense 238875 21.37
Inhouse Courier Service 5.35
33.00
SUBTOTAL
59.72
Terms: NET 30
Total Due: 834.72
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DISCLAIMER
The Town of Prosper has prepared this
� map or information for internal purposes
T O W N OF only. It is made available under the
P S P E R Public Information Act Any reliance on
this map or information is AT YOUR OWN
RISK The Town of Prospser assumes no
liability for any errors, omissions, or inaccuracies in the map or information
regardless of the cause of such or for any decision made, action
taken, or action not taken in reliance upon any maps or information
provided herein. The Town of Prosper makes no warranty,
representation, or guarantee of any kind regarding any maps or
information provided herein or the sources of such maps or
information and DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESSED AND IMPLIED, including the implied
warranties of merchantability and fitness for a particular purpose.
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Prepared 10/30/09
TOWN OF PROSPER, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A FOURTH
AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN PDC 380
PROSPER, LTD.; MUSTANG -MIDWAY PLANO LTD.; AND THE TOWN
OF PROSPER RELATED TO THE LA CIMA DEVELOPMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Fourth Amendment to Developer's Agreement between PDC 380 Prosper, Ltd.;
Mustang -Midway Plano Ltd.; and the Town of Prosper related to the La Cima
Development, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 81h day of June, 2010.
Ray Smith, Mayor
ATTEST TO:
Matthew D. Denton, Town Secretary
ISPER
OWN OF
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Chris Copple, AICP, Senior Planner
PLANNING
Agenda Item No. 6
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting — June 8, 2010
Date: June 2, 2010
Aaenda Item:
A public hearing to consider and act upon a request to rezone 113.0t acres, located on the north
side of U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned
Development -Commercial Corridor/Commercial (PD-CC/C). (Z10-0003).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land Use Plan
North
Agricultural
Undeveloped
Tollway District
Agricultural and Planned
Mini -warehouse, Nursery,
East
Development-41-Mixed
and Undeveloped
Tollway District
Use
South
City of Frisco
Undeveloped
City of Frisco
Planned Development-43-
West
Commercial
Undeveloped
Industrial and Commercial
Corridor/Commercial and
Boulevard District
Commercial
Requested Zoning — Z10-0003 is a request to rezone 113.0t acres, located on the north side of
U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned Development -
Commercial Corridor/Commercial (PD-CC/C). The Planned Development District includes two
tracts. Tract 1 (61.7t acres) has a base zoning of Commercial and allows for the development of
light manufacturing, warehousing, wholesaling, automobile, retail, service, and office uses with a
maximum building height of two (2) stories, not greater than forty (40) feet. Tract 2 (51.4t acres)
has a base zoning of Commercial Corridor and allows for the development of light manufacturing,
warehousing, wholesaling, automobile, retail, service, and office uses with a maximum building
height of eight (8) stories, not greater than one hundred (100) feet.
Agenda Item No. 6 - Page 1 of 2
Future Land Use Plan — The Future Land Use Plan (FLUP) recommends Commercial Boulevard
District, Tollway District, and Industrial uses for the property. The Commercial Boulevard District is
intended to create an unusual opportunity to extend the economic impact of the U.S. 380 corridor
further north. The Tollway District will be a major attractor for commercial, mixed use, and high
density residential development. The FLUP recommends facilities for the purposes of distribution,
warehousing, manufacture, research, assembly, repair, or fabrication in areas shown as Industrial.
The proposed zoning will allow for the development of a mix of commercial, manufacturing,
warehousing, retail, service, and office uses on the property. The zoning request conforms to the
FLUP.
Conformance to the Thoroughfare Plan — In addition to U.S. 380, the zoning exhibit shows two
future four -lane divided thoroughfares, which the proposed locations are consistent with zoning
exhibits that were approved with PD-41 and PD-43. A Thoroughfare Plan amendment will need to
be approved in the future that shows the proposed location of the two future four -lane divided
thoroughfares.
Water and Sanitary Sewer Services — Water and sanitary sewer service will have to be extended to
the property either before or with development.
Access — Access to the property is provided from U.S. 380.
Schools — This property is located within the Prosper Independent School District (PISD). A school
site is not needed on this property at this time.
Parks — This property is not needed for the development of a park at this time.
Environmental Considerations — There is no 100-year floodplain located on the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning request.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by State law. Town staff has
not received any public hearing notice reply forms.
Attached Documents:
1. Zoning Exhibits A, B, C, and E.
2. Zoning map of the surrounding area.
Planning & Zoning Commission Recommendation:
At their May 18, 2010 meeting, the Planning & Zoning Commission recommended the Town
Council approve a request to rezone 113.0t acres, located on the north side of U.S. 380, 2,500t
feet west of Dallas Parkway, from Agricultural (A) to Planned Development -Commercial
Corridor/Commercial (PD-CC/C) by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve a request to rezone 113.0t acres, located on
the north side of U.S. 380, 2,500t feet west of Dallas Parkway, from Agricultural (A) to Planned
Development -Commercial Corridor/Commercial (PD-CC/C) as submitted.
Agenda Item No. 6 - Page 2 of 2
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EXHIBIT 'Aw
ZONING CASE NO. Z10-0003
BOW 110.235 ACRES OUT Of THE
COUM COUNTY SCNO01 LAND SLIMY
ABSRW.•• Na 10
OOUu COUNTY. TEXAS
11OPR0KWY udEEOP WR E
4,10950 RESWROA
D
,=TOY5 YX 75034
MAY 2010
SHEET t OF 1
EXHIBIT "B"
PROSPER 110
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
The Planned Development District (PD) provides the ability to encourage and accommodate the development of
Commercial Business, Business Park, and Retail uses within the Town of Prosper.
Commercial District uses will generally provide opportunities for corporate headquarters, retail, educational training
centers, assembly/production facilities for technological and scientific industries, office and commercial facilities, all
in close association with future thoroughfares. The Commercial Corridor District is similar and compliments the
Commercial Business. Facilities will include uses that relate to the geographic location and transportation facilities
that are proposed for this area.
Site characteristics of Prosper 110, such as topography, thoroughfare locations, proposed uses and development
opportunities will formulate a distinctive approach for the Town's future.
EXHIBIT "C"
PROSPER 110
PLANNED DEVELOPMENT DISTRICT
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these
Development Standards, the regulations of the Town's Zoning Ordinance (Ordinance No. 05-20 as it currently
exists or may be amended).
Commercial District - Tract 1:
1.1 Description: Tract 1 is generally located on the subject property as shown on the attached zoning
exhibit. This tract shall be developed in accordance with the "C — Commercial" District regulations of
the Town of Prosper Zoning Ordinance 05-20 as presently exist or as they may be amended.
Commercial Corridor District — Tract 2:
2.1 General Description: The Commercial Corridor District area is intended to provide development
opportunities for uses similar to the Town of Prosper's "CC -Commercial Corridor" and "R — Retail"
Districts. This area will also include uses that relate to the site location and transportation modes that
exist within this area. Commercial Corridor uses shall be permitted throughout Tract 2 as set forth
herein.
2.2 Permitted Uses: Land uses allowed within the Commercial Corridor District are as follows: Uses
followed by an S are permitted by specific use permit. Uses followed by a C are permitted subject to
conditional development standards. Conditional development standards are set forth in Chapter 3,
Section 1 of the Town's Zoning Ordinance.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and /or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care or Living Facility
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot /Garage
• Automobile Repair, Minor
• Automobile Sales, Used S
• Automobile Sales/Leasing, New S
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Beer & Wine Package Sales C
• Bottling Works
• Building Material and Hardware Sales, Major
• Building Material and Hardware Sales, Minor
• Bus Terminal C
• Business Service
Cabinet/Upholstery Shop
Car Wash C
Caretaker's /Guard's Residence
Cemetery or Mausoleum S
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor
Commercial Amusement, Outdoor S
Community Center
Convenience Store with Gas Pumps C
Convenience Store without Gas Pumps
Dance Hall S
Day Care Center, Adult S
Day Care Center, Child C
Day Care Center, Incidental S
Dry Cleaning, Minor
Fairgrounds/Exhibition Area S
Farm, Ranch, Stable, Garden, or Orchard
Flea Market, Inside
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Furniture, Home Furnishing and Appliance Store
Gas Pumps C
General Manufacturing/Industrial Use Complying with Performance Standards
Golf Course and/or Country Club
Governmental Office
Gunsmith
Gymnastics/Dance Studio
Health/Fitness Center
Helistop S
Homebuilder Marketing Center
Hospital
Hotel C
House of Worship
Household Appliance Service and Repair
Indoor Gun Range S
Insurance Office
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
Machine Shop
Massage Therapy, Licensed
Mini-Warehouse/Public Storage S
Mortuary/Funeral Parlor
Motel C
Motorcycle Sales/Service S
Municipal Uses Operated by the Town of Prosper
Museum/ Art Gallery
Nursery, Major
Nursery, Minor
Office and Storage for Public/Private Utility
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Park or Playground
• Pet Day Care C
• Print Shop, Major
• Print Shop, Minor
• Private Club S
• Private Recreation Center
• Private Utility, Other Than Listed
• Recreational Vehicle Sales and Service, New/Used S
• Recycling Center S
• Recycling Collection Point
• Rehabilitation Care Institution S
• Research and Development Center C
• Residence Hotel C
• Restaurant or Cafeteria
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Sewage Treatment Plant/ Pumping Station S
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse
• Taxidermist
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Trailer Rental
• Transit Center
• Utility Distribution/ Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Veterinarian Clinic and/or Kennel, Outdoor
• Water Treatment Plant S
• Winery
2.3 Size of Yards:
2.3.1 Minimum Front Yard: Thirty (30) feet for one (1) or two (2) story buildings, fifty (50)
feet for buildings taller than two (2) stories
2.3.2 Minimum Side Yard:
2.3.2.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard
setback may be eliminated for attached buildings on separate lots as shown
on an approved site plan.
2.3.2.2 Forty (40) feet for a one (1) story building adjacent to a residential district and sixty
(60) feet for a two (2) story building adjacent to a residential district.
2.3.2.3 Thirty (30) feet adjacent to a street.
2.3.3 Minimum Rear Yard:
2.3.3.1 Fifteen (15) feet adjacent to a nonresidential district. The minimum rear yard
setback may be eliminated for attached buildings on separate lots as shown on
an approved site plan.
2.3.3.2 Forty (40) feet for one (1) story building adjacent to a residential district and sixty
(60) feet for a two (2) story building adjacent to a residential district.
2.4 Size of Lots:
2.4.1 Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2.4.2 Minimum Lot Width: One Hundred (100) feet.
2.4.3 Minimum Lot Depth: One Hundred (100) feet.
2.5 Maximum Height: Eight (8) stories, not greater than one hundred (100) feet. Where
buildings or structures exceed forty (40) feet in height, such buildings or structures shall not be
located closer to any residential district boundary line than a distance equal to the sum of the
required side or rear yard specified plus twice the height of the building above forty (40) feet.
2.6 Maximum Lot Coverage: Sixty (60) percent.
2.7 Maximum Floor Area Ratio: 1.5:1.
2.8 Conceptual Development Plan: Prior to application for a preliminary site plan for any tract of land
within a given area in the Commercial Corridor District area (Tract 2), a Conceptual Development plan
shall be submitted, receive a recommendation from the P&Z Commission and approved by the Prosper
Town Council. This Conceptual Development Plan shall only be required for the general area within
which development is to occur. This general area shall be bounded by major thoroughfares, ownership
lines, creekways or other physical barriers that define a geographic boundary that separates the area
of interest from other parcels within the Commercial Corridor District area.
Plats and/or site plans submitted for the development of the PD shall conform to the data presented
and approved on the Conceptual Development plan. Changes of detail on these final development
plan(s) that differ from the Conceptual Development plan may be authorized by the Planning & Zoning
Commission, with their approval of the final development plan(s) and without public hearing, if the
proposed changes do not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans.
If the Director of Development Services or the Planning & Zoning Commission determines that the
proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must
be held to adequately amend the Conceptual Development Plan that is attached to the PD, prior to the
Planning & Zoning Commission's approval of the final development plan(s).
3. GENERAL CONDITIONS:
3.1 Amendment to the Planned Development District:
3.1.1 At such time a request to amend the PD is submitted, only the person initiating the request
shall be named as the "Applicant'. All owners of property within the boundaries of the PD
are not required to be applicants for amendments to the PD, unless the requested
amendments directly affect their property.
3.1.2 The notification area shall be two hundred (200) feet from the subject property listed on the
application as defined by a separate boundary survey or exhibit. The notification area shall
meet state law as exists or may be amended.
3.2 Conformance to all applicable articles of the Prosper Zoning Ordinance:
Except as amended herein, this PD shall conform to any and all applicable articles and sections of
the Prosper Zoning Ordinance as it presently exist or may be amended.
3.3 General Compliance: Except as amended by this Ordinance, development of property within this
PD must comply with the requirements of all ordinances, rules and regulations of the Town of
Prosper as they exist or may be amended.
EXHIBIT "E"
PROSPER 110
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE
It is anticipated that the development of Prosper 110 will begin within 2 to 10 years after approval and signing of the
zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and
studies will be prepared for development and marketing of the property.
Progress of development improvements will primarily depend on time frames established for construction of
thoroughfares, utilities, and market trends/demands for the area.
It is anticipated that the development of Prosper 110, excluding total construction of all structures, will be completed
within 15 to 25 years of zoning approval.
Z10-0003: Fros per 1 10 center
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DISCLAIMER
The Town of Prosper has prepared this
map or information for internal purposes
To
g O F only. It is made available under the
PERpublic Information Act. Any reliance on
this map or information is AT YOUR OWN
RISK The Town of Prospser assumes no
liability for any errors, omissions, or inaccuracies in the map or information
regardless of the cause of such or for any decision made, action
taken, or action not taken in reliance upon any maps or information
provided herein. The Town of Prosper makes no warranty,
representation, or guarantee of any kind regarding any maps or
information provided herein or the sources of such maps or
information and DISCLAIMS ALL REPRESENTATIONS AND
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Prepared 5/14/10
ISPER OWN OF
P
Memorandum
To: Mayor Ray Smith and the Prosper Town Council
From: Linda J. Shaw, Town Librarian
CC: Mike Land, City Manager
Date: June 3, 2010
Re: Community Library Activity Report — May 2010
Action Requested:
For review, informational, and statistical purposes
Prosper Community Library
Prosper,Texas
Item No. 7
Background Information:
The Library reopened following being closed for the month of April for renovations. Work continued on
withdrawing items from the collection to make room for middle school materials arriving in June.
Withdrawn items were sold at a book sale managed by the Friends of the Prosper Community Library.
The Library received the first shipment of new books to replace and update the Library's collection.
Most of these books were newly published adult fiction and children's picture books.
Supporting Documents: Library Status Report
Staff Recommendation:
Thank you for your consideration of this item. If I can be of any support, please contact me at
469-219-2499 or by email at Ishaw@celina-tx.gov.
Item No. 7
Library Status Report Prosper Community Library February 2010
User
Activity
Month
# Days
Open
Hours
Open
Library
Visits
% Change
from
Previous
Month
Visits Per
Day
Visits
per
Hour
Computer
Users
Logged
Computer
Hours
Materials
Checked
Out
%Change
from
Previous
month
Preschool
Programs
Preschool
Program
Attendance
%Change
from
Previous
month
August
18
140
330
18
2
25
n/a
218
0
0
September
22
146
393
19%
18
3
63
88.50
185
-15%
2
24
October
23
143
487
24%
21
3
90
82.00
392
112%
4
45
188%
November
18
115
471
-3%
26
4
45
56.00
275
-30%
3
66
147%
December
20
134
290
-38%
15
2
70
57.75
357
30%
2
28
-42%
January
22
132
364
26%
17
3
36
34.75
368
3%
2
30
7%
February
20
128
384
5%
19
3
44
46.00
305
-17%
4
104
247%
March
20
129
472
23%
24
4
53
63.50
280
-21%
3
62
71%
April
0
0
0
0
0
0
0
0.00
0
n/a
0
0
n/a
May
18
132
339
19
3
38
64.50
117
2
9
June
July
August
September
TOTAL
191
11991
3,530
i 201
31
4641
493.00
2,497
1 22
368
Materials
Titles
Copies
Copies
Added
Copies
Deleted
Net
Additions
September
17,461
25,105
October
16,759
24,173
168
1,100
-932
November
16,705
24,085
106
218
-112
December
16,746
24,031
128
145
-17
January
16,543
23,663
49
368
-319
February
15,801
19,337
96
4,326
-4,230
March
11,927
14,906
158
5,355
-5,197
April
11,171
14,067
0
839
-839
May
9,234
9,388
72
4,817
-4,745
June
July
August
September
Year Total
777
17,168
-16,391
Patrons
Registered
Users
New Users
Total#
Users
%Change
from
Previous
Month
%Change
for Year
September
1,147
31
1,178
3%
3%
October
1,178
42
1,220
4%
6%
November
1,220
47
1,267
4%
10%
December
1,267
19
1,286
1%
12%
January,
1,286
28
1,314
2%
15%
February
1,314
40
1,354
3%
18%
March
1,354
24
1,378
2%
20%
April
1,378
0
1,378
0
20%
May
1,378
34
1,412
22%
June
July
August
September
Year Total
1,2861
139