06.09.2015 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentations.
Presentation of a Certificate of Appreciation to a former member of the Planning &
Zoning Commission.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Minutes from Town Hall Tour – May 22, 2015
Regular Meeting – May 26, 2015
5b. Consider and act upon authorizing the Town Manager to execute a Real Estate
Purchase and Sale Agreement between the Town of Prosper, Texas, and
Prosper Falls Development, LLC, related to the real purchase of property for the
Prosper Trail Elevated Storage Tank. (HW)
5c. Consider and act upon authorizing the Town Manager to execute a Right-of-Way
Agreement between the Town of Prosper, Texas, and CADG Prosper Lakes
North, LLC., related to providing escrow funds for the payment of the right-of-way
needed for the future collector road adjacent to the Lakes of Prosper North
development. (HW)
5d. Consider and act upon authorizing the Town Manager to execute a Facility
Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth
Sports Commission (PYSC), related to use of the Town’s facilities and services
to accomplish the organizations objective. (MF)
5e. 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. (AG)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 9, 2015
6:00 p.m.
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6. CITIZEN 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 Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” 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 item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 9.4± acres,
located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from
Agricultural (A) to Planned Development-Single Family-15 (PD-SF-15). (Z14-0016)
(JW)
DEPARTMENT ITEMS:
8. Consider and act upon authorizing the Town Manager to execute an agreement between
the Town of Prosper, Texas, and Randall Scott Architects, related to architectural and
engineering design services for Town Hall/Multi-Purpose Facility; and authorizing use of
the construction manager at risk contracting method for construction. (HW)
9. Discussion on the Frontier Park North and Sexton Park Conceptual Master Plans. (PN)
10. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Brown & Gay Engineers, Inc., and the Town
of Prosper, Texas, related to the Prosper Trail Elevated Storage Tank project. (MR)
11. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
11a. Section 551.087 – To discuss and consider economic development incentives.
11b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
11c. Section 551.074 – To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
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Corporation Board, Board of Adjustment/Construction Board of Appeals, Library
Board, and Upper Trinity Regional Water District Board of Directors.
11d. Section 551.076 – To discuss the deployment, or specific occasions for
implementation, of security personnel or devices.
12. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Consider and act upon the appointment of a Town of Prosper representative to the
Board of Directors of the Upper Trinity Regional Water District. (RB)
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Frontier Park Parking (HW)
Review recommendations from the Council Technology Committee (JC)
CIP Projects (HW)
Fire Station #2
Town Hall/Multi-Purpose Facility
Coleman Road Reconstruction Project
West Prosper Road Improvements
SH 289 Median Lighting and Landscaping
Parks Master Plan (PN)
Amend Garage Sale Ordinance (JW)
15. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on June 5, 2015, at 5:00 p.m.
and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
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NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 7:30 a.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger (arrived at 10:30 a.m.)
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Staff Members Present:
Town Manager Harlan Jefferson
Town Secretary Robyn Battle
Hulon Webb, Executive Director of Development and Community Services
John Webb, Director of Development Services
Leslie Scott, Library Director
Randall Scott Architects:
Randall Scott
Greg Conaway
David Dolan-Wallace
2. The Town Council will meet at Town Hall, and then tour various Town Hall
facilities in Corinth, Lewisville, and Coppell.
The Town Council, Town staff, and members of the staff of Randall Scott Architects
toured the facilities of Corinth City Hall, Lewisville City Hall, and Coppell City Hall.
3. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
4. Adjourn.
The meeting was adjourned at 3:30 p.m.
These minutes approved on the 9th day of June, 2015.
MINUTES
Special Work Session of the
Prosper Town Council
Prosper Town Hall
121 W. Broadway, Prosper, Texas
Friday, May 22, 2015
Item 5a
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APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
John Webb, Director of Development Services
Alex Glushko, Senior Planner
January Cook, Purchasing Agent
Gary McHone, Assistant Police Chief
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
The Live & Prosper Summer Series will continue on July 3 with their Pride in the Sky
Independence Day Celebration at Frontier Park. Come out and enjoy this
community-wide event that will include lots of family fun. Bring your blankets and
lawn chairs and enjoy the fireworks.
The Parks and Recreation Department and the Library are planning lots of fun
programs for the summer in a combined campaign called “Grow Wild in Prosper.”
The activities during the summer will promote a fun and active schedule to keep
young people physically and mentally fit and active during the summer months. The
Parks and Recreation Department will offer programs and classes that emphasize an
active, outdoor lifestyle, while the library will focus on programming related to animals
and the environment. More information about these summer programs is available
on the Town’s website.
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 26, 2015
Item 5a
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Weather permitting, Broadway between Preston and Craig Road will be closed most
of the day next Wednesday, May 27. TxDOT has scheduled crews to arrive at 7:00
a.m. to completely remove and replace the asphalt roadway which has fallen into
disrepair. Motorists are asked to use caution in the area
The Public Works Department would like to send out a friendly safety reminder to
residents asking them not to drive around or through road barricades. Road crews
are diligently working to repair roads recently damaged by heavy rains. Thank you
for your patience.
Councilmember Dixon gave an update on the continued success of Prosper High
School’s baseball team, and also gave an update on the spring football game.
4. Presentations.
Presentations to Payton and Teagan Chamblee as Junior Police Officers for
the Day. (DK)
Payton and Teagan Chamblee were present to receive their Proclamations. They
were selected to be Junior Police Officers for the Day as part of the Cornerstone
North Central Texas Gala. Payton and Teagan will participate in several Police
Department events throughout the year as Junior Police Officers.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items
may be removed from the Consent Agenda by the request of Council Members
or staff.)
5a. Consider and act upon minutes from the following Town Council
meetings. (RB)
Regular Meeting – May 12, 2015
Special Called Meeting to Canvass May 9, 2015, General Election
5b. Consider and act upon Resolution 15-31 authorizing The Dallas Morning
News as an alternate advertising source. (RB)
5d. Consider and act upon a 380 agreement between Horizon Homes and the
Town of Prosper, and authorizing the Town Manager to execute same.
(HJ)
5e. Consider and act upon a 380 agreement between Sanders Custom
Builder and the Town of Prosper, and authorizing the Town Manager to
execute same. (HJ)
5f. Consider and act upon Resolution No. 15-32 of the Town Council of the
Town of Prosper, Texas, approving a negotiated settlement between the
Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp.,
Mid-Tex Division regarding the company’s 2014 and 2015 rate review
mechanism filings; approving a settlement agreement with attached rate
tariffs and proof of revenues; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent
with the negotiated settlement; finding the rates to be set by the
Item 5a
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settlement tariffs to be just and reasonable and in the public interest;
requiring the company to reimburse ACSC’s reasonable ratemaking
expenses; determining that this resolution was passed in accordance
with the requirements of the Texas Open Meetings Act; adopting a
savings clause; declaring an effective date; and requiring delivery of this
resolution to the company and ACSC’s legal counsel. (HJ)
5h. Consider and act upon Ordinance No. 15-33 amending subsection 13.1.3,
“Exemptions” of subsection 13.1, “Conveyance of Land for Recreational
Areas and Facilities” of section 13, “Parks and Other Public Uses,” by
adding a new subsection 13.1.3.3, relative to the exemption of Senior
Living and Senior Care Facilities. (JW)
5i. 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. (AG)
Mayor Pro-Tem Miller removed items 5c and 5g from the Consent Agenda.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Vogelsang
seconded the motion to approve the remaining items on the Consent Agenda.
The motion was approved by a vote of 7-0.
5c. Consider and act upon the appointment of a Town of Prosper
representative to the Board of Directors of the Upper Trinity Regional
Water District. (RB)
Mayor Pro-Tem Miller suggested tabling this item for further discussion. He made a
motion and Councilmember Davis seconded the motion to table Item 5c to the June
9, 2015, Town Council meeting. The motion was approved by a vote of 7-0.
5g. Consider and act upon approving an Operating Lease Renewal
Addendum between Modular Space Corporation and the Town of
Prosper, related to the Town Hall Annex building; and authorizing the
Town Manager to execute same. (JC)
Mayor Pro-Tem Miller asked Purchasing Agent January Cook to clarify the original
lease date, which was October of 2013. Ms. Cook responded to questions related to
leasing versus purchasing the building, and verified that there is a purchase option on
the building if the Town finds that there is a need. Councilmember Davis asked
whether the Town would continue to use the modular building once the new Town
Hall/Multi-Purpose facility was built, and Town Manager Harlan Jefferson answered
that the Town is not planning to do so. Mayor Pro-Tem Miller made a motion and
Councilmember Korbuly seconded the motion to approve an Operating Lease
Renewal Addendum between Modular Space Corporation and the Town of Prosper,
related to the Town Annex building; and authorize the Town Manager to execute
same. The motion was approved by a vote of 7-0.
6. CITIZEN 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
Item 5a
Page 4 of 8
agenda. Please complete a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public -
Irwin “Cap” Parry, 850 Kings View Drive, Prosper asked for clarification on the
monthly rent for the Town Hall Annex. Ms. Cook responded to his questions.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the
meeting, please fill out a “Public Meeting Appearance Card” 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 item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan, located on the northwest corner of Prosper Trail and
future Shawnee Trail, from Medium Density Residential to Dallas North Tollway
District. The property is zoned Single Family-15 (SF-15) and Commercial
Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW)
Mayor Smith opened Items 7 and 8 concurrently. Development Services Director
John Webb presented Items 7 and 8 concurrently. The applicant is proposing to
rezone 67.7± acres located on the northwest corner of Prosper Trail and Dallas
Parkway from Single Family-15 and Commercial Corridor to Planned Development-
Single Family/Office/Retail. The request includes a 7.5 acre tract at the northwest
corner of Prosper Trail and the future Shawnee Trail that is currently zoned Single
Family-15. The applicant desires to rezone the property for Office use, which does
not conform to the Future Land Use Plan (FLUP). The applicant has submitted a
letter detailing the basis for the request. Mr. Webb introduced Kathryn Edwards, a
representative of the developer, who presented a PowerPoint presentation further
explaining the details of the proposed development.
Mayor Smith opened the Public Hearing for Items 7 and 8.
With no one speaking, Mayor Smith closed the Public Hearing for Items 7 and 8.
Mr. Webb returned to the podium and responded to questions regarding Single
Family-12.5 versus Single Family-15 minimum development standards. Ms. Edwards
responded to questions related to architectural standards for the development. The
criteria in the Planned Development would stipulate that the first tenant/business to
submit a preliminary site plan would set the architectural standard for the entire tract,
and would become a part of the Planned Development standards. Gas stations
would be approved only by SUP or by amending the PD. Council would prefer to see
a majority of the single-family residential lots be at least 15,000 square feet, but
would be willing to make one or two exceptions if needed, and carports are
discouraged. Council would also like to see the northern entry on Shawnee Trail to
the retail development moved further north, and increase the amount of
landscaping/berming along the thoroughfares. Council provided additional
recommendations to the applicant, suggesting roof pitches on office, retail, gas
station, etc., rather than flat roofs, and additional screening around loading docks.
Item 5a
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Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to table Items 7 and 8 to the June 23, 2015, Town Council
Meeting. The motion was approved by a vote of 6-1 with Councilmember Davis
casting the opposing vote.
8. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7±
acres, located on the northwest corner of Prosper Trail and Dallas Parkway,
from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned
Development-Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion
case CA15-0002] (JW)
9. Conduct a Public Hearing, and consider and act upon an ordinance rezoning
2.0± acres from Retail (R) to Planned Development-Downtown Retail (PD-DTR),
located on the southeast corner of Coleman Street and Gorgeous Road. (Z15-
0004). (JW)
Development Services Director John Webb presented this item before the Town
Council. The applicant is requesting to rezone 2.0± acres to Planned Development-
Downtown Retail to accommodate a daycare/retail building. The first phase would
include 15,000 square feet for the daycare, which would accommodate 190 children.
The second phase would include 5,000 square feet for retail.
Randall Chrisman, 1501 Broken Bow Trail, Carrollton, spoke on behalf of the
applicant, and offered to answer any questions Council may have. He added that the
intent of the development was to add to the downtown look and feel of the area, and
he thanked the Town staff for their help on the project.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Hulon Webb, Executive Director of Development and Community Services,
responded to questions from Council regarding traffic flow and safety issues. Staff
does not anticipate any future traffic or safety issues resulting from this development.
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded
the motion to approve Ordinance 15-34 rezoning 2.0± acres from Retail (R) to
Planned Development-Downtown Retail (PD-DTR), located on the southeast corner
of Coleman Street and Gorgeous Road. The motion was approved by a vote of 7-0.
10. Conduct a Public Hearing, and consider and act upon an ordinance
establishing a Specific Use Permit for a Helistop, on 10.5± acres, located on the
northeast corner of US 380 and future Mahard Parkway. The property is zoned
Planned Development-47 (PD-47). (S15-0003). (JW)
Development Services Director John Webb presented this item before the Town
Council. The applicant is requesting a Specific Use Permit (SUP) for a Helistop in
conjunction with 122,500 square feet of medical office and clinic uses on the
northeast corner of US 380 and future Mahard Parkway. The proposed Helistop is
proposed to be located on the north side of the building and will meet all Federal
Aviation Administration (FAA) regulations. Mr. Webb reviewed all of the criteria
relevant for consideration of an SUP, and the request satisfies the Town’s criteria for
SUP approval.
Item 5a
Page 6 of 8
Mayor Smith opened the Public Hearing.
Michael Clark, 6750 Hillcrest Plaza, #325, Dallas, spoke in favor of the item.
With no one else speaking, Mayor Smith closed the Public Hearing.
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Dixon seconded
the motion to approve Ordinance No. 15-35 establishing a Specific Use Permit for a
Helistop, on 10.5± acres, located on the northeast corner of US 380 and future
Mahard Parkway. The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
11. Consider and act upon approving a Lease Agreement between Sarah Nell
Templin and the Town of Prosper, related to the property located at 108 and 110
W. Broadway; and authorizing the Town Manager to execute same. (JC)
January Cook, Purchasing Agent, presented this item before the Town Council. The
Town has been leasing the property at 108 and 110 W. Broadway to accommodate
the Police Department, Municipal Court, Town Council meetings, and other Board
and Commission meetings for several years; however, the lease agreement has
expired. Ms. Cook reviewed the terms of the new lease agreement, which will go into
effect on June 1, 2015. It includes a base rent, with an additional 5% annual
increase, plus an additional monthly amount for utilities. The agreement also
includes a one-time reimbursement for unpaid utilities. Cost comparisons were
conducted, and Town staff has concluded that it is in the Town’s best interest to enter
into a new lease for the current property at 108 and 110 W. Broadway.
After discussion, Councilmember Vogelsang made a motion and Deputy Mayor Pro-
Tem Dugger seconded the motion to approve a Lease Agreement between Sarah
Nell Templin and the Town of Prosper, related to the property located at 108 and 110
W. Broadway; and authorize the Town Manager to execute same. The motion was
approved by a vote of 7-0.
12. Consider and act upon authorizing the Town Manager to execute an agreement
between the Town of Prosper, Texas, and Randall Scott Architects, related to
architectural and engineering design services for Town Hall/Multi-Purpose
Facility; and authorizing use of the construction manager at risk contracting
method for construction. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. Supplemental conditions of the agreement are still
being negotiated, so Town staff is requesting that this item be tabled; however, Mr.
Webb asked Council to clarify a few points that were discussed on the tour that was
held on May 22, 2015.
Mr. Webb asked for clarification on the square footage of the new Town Hall/Multi-
Purpose Facility. The Town Council was in consensus that the original estimate of
36,000 square feet would not be sufficient, and that the building would need to be at
least 50,000 square feet. The Council had mixed opinions on whether the building
should go from two to three stories to accommodate the extra space, or stay at two
stories and expand to a larger footprint. Greg Conaway of Randall Scott Architects
recommended that both options should be studied with cost comparisons for each.
Item 5a
Page 7 of 8
Council’s direction was that both alternatives be explored, with the option that the
entire building may not be finished out at once.
Mayor Pro-Tem Miller made a motion and Councilmember Korbuly seconded the
motion to table Item 12 to the June 9, 2015, Town Council meeting. The motion was
approved by a vote of 7-0.
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development
incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident
and related thereto.
13c. Section 551.074 – To discuss and consider election of Mayor Pro-Tem
and Deputy Mayor Pro-Tem.
13d. Section 551.074 – To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic
Development Corporation Board, Board of Adjustment/Construction
Board of Appeals, and Library Board.
The Town Council recessed into Executive Session at 8:39.
14. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 9:29.
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem seconded the
motion to appoint Brandon Daniel to fill the unexpired term of Place 7 of the Planning
& Zoning Commission, due to Mike McClung’s resignation. The motion was approved
by a vote of 7-0.
Deputy Mayor Pro-Tem Kenneth Dugger made a motion and Councilmember Korbuly
Seconded the motion to appoint Meigs Miller as Mayor Pro-Tem and Curry
Vogelsang, Jr. and Deputy Mayor Pro-Tem. The motion was approved by a vote of
7-0.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
Deputy Mayor Pro-Tem Dugger requested that Town staff research the possibility of
Cornerstone NCT holding more than three garage sales in one year. Town Manager
Harlan Jefferson directed Town staff and the Town Attorney to review potential
options.
Item 5a
Page 8 of 8
Councilmember Dixon directed Town staff to research the potential of acquiring
property owned by Mahard Egg Ranch south of Prestonwood Church for municipal
purposes.
16. Adjourn.
The meeting was adjourned at 9:32 p.m.
These minutes approved on the 9th day of June, 2015.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Real Estate Purchase and Sale
Agreement between the Town of Prosper, Texas, and Prosper Falls Development, LLC, related to
the real purchase of property for the Prosper Trail Elevated Storage Tank.
Description of Agenda Item:
Prosper Falls Development, LLC, recently zoned the property on the northwest corner of Prosper
Trail and Coit Road for The Falls at Prosper residential development. As depicted in the Town of
Prosper Water System Capital Improvement Plan, this property includes the location of the
proposed Prosper Trail Elevated Storage Tank. During the zoning of the property, the developer
depicted the proposed location of the elevated storage tank on the zoning exhibit, and staff has
completed the negotiations to purchase 1.639 acres of property for the tank.
The 2011 Water System Capital Improvement Plan, recommended that a new water tower be
constructed along Prosper Trail between Preston Road and Coit Road. Originally, this plan
recommended that the water tower be in-service by this summer; however, further analysis of
water demands and system operations has allowed the in-service date to shift back two years to
summer 2017. To meet this in-service date, design must begin this summer and construction must
begin in early 2016.
The Professional Engineering Services Agreement with Brown & Gay Engineers for the
engineering design of the Prosper Trail Elevated Storage Tank is also on this agenda.
Budget Impact:
The Town had an appraisal performed on the property which reflected a fair market value of
$87,120 per acre. Funding for the 1.639 acres of property, in the amount of $142,790, is provided
from previously issued Certificate of Obligation Bonds and is currently available in the Capital
Improvement Fund.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Town of Prosper Water System Capital Improvement Plan
2. Real Estate Purchase and Sale Agreement
Prosper is a place where everyone matters.
ENGINEERING
Item 5b
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Real
Estate Purchase and Sale Agreement between the Town of Prosper, Texas, and Prosper Falls
Development, LLC, related to the real purchase of property for the Prosper Trail Elevated Storage
Tank.
Proposed Motion:
I move to authorize the Town Manager to execute a Real Estate Purchase and Sale Agreement
between the Town of Prosper, Texas, and Prosper Falls Development, LLC, related to the real
purchase of property for the Prosper Trail Elevated Storage Tank.
Item 5b
Town of Prosper Water System Capital Improvement PlanItem 5b
Page 1 of 12
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is
executed as of the ____ day of __________, 2015, by and between the Town of Prosper, Texas
(“Town”), a Texas municipal corporation, and Prosper Falls Development, LLC (“Seller”), a Texas
limited liability company.
W I T N E S S E T H:
1. Purchase and Sale. Pursuant to the terms and provisions contained herein, Seller
hereby agrees to sell and convey to the Town, and the Town hereby agrees to purchase from Seller,
the land situated in Collin County, consisting of 1.639 acres, more or less, described in Exhibit A,
attached hereto and made a part hereof for all purposes, together with all improvements situated
thereon, all fixtures and other property affixed thereto and all and singular the rights and
appurtenances pertaining to the property, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real property, rights and appurtenances being
hereinafter called the “Property”), for the Purchase Price hereinafter provided..
2. Purchase Price. The Town hereby agrees to pay to Seller a purchase price for the
Property of One Hundred Forty-Two Thousand, Seven Hundred and Ninety Dollars and
No/100 ($142,790.00) (the “Purchase Price”), payable in cash at the Closing in accordance with this
Agreement. Town has deposited with the Title Company $10.00 as independent consideration the
acceptance of which is acknowledged and which shall be delivered to Seller and shall be non-
refundable to Town.
3. Title to Property. Seller represents and warrants to the Town that on the Closing
Date Seller will own good and indefeasible title to the Property, subject only to (i) general real estate
taxes on the Property for the current year, (ii) zoning laws, regulations and ordinances of the Town
and other governmental authorities, if any, affecting the Property, and (iii) the encumbrances
disclosed by the Survey and Title Binder described below (all of the foregoing are herein called the
“Permitted Encumbrances”).
4. Survey. Seller acknowledges that they will provide to the Town a survey (the
“Survey”) of the Property prepared by a duly registered surveyor or engineer acceptable to the
Seller, and said Survey shall show any and all easements, rights-of-way, encroachments, conflicts,
protrusions or other encumbrances, if any, affecting the Property.
5. Owner’s Title Policy Binder. Seller agrees to provide to the Town, within fifteen
(15) days after the Execution Date referenced above, at the Town’s expense, a Commitment for Title
Insurance (the “Title Binder”) issued by Sendera Title (the “Title Company”), showing title to the
Property in Seller and committing to issue the owner’s title policy to the Town required under this
Agreement. The Title Binder shall specify all easements, liens, encumbrances, restrictions,
conditions and covenants with respect to the Property and shall be delivered to the Town with copies
of all documents referred to as exceptions in the Title Binder. If any exceptions appear in the Title
Binder which are objectionable to the Town, the Town shall have until the tenth (10th) business day
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after the date of delivery of the Survey and the Title Binder and title exceptions to notify Seller in
writing of any objections the Town may have to such exceptions; any exceptions to which the Town
shall not object during such ten (10) business day period shall be deemed waived by the Town and
shall be included as “Permitted Encumbrances” hereunder. Seller shall have no obligation to bring
any action or proceeding or otherwise to incur any expense to eliminate or modify such unacceptable
exceptions. If Seller is unable or unwilling to so eliminate or cure the unacceptable exceptions prior
to the Closing Date, the Town may (as its sole and exclusive remedy) terminate this Agreement by
notice in writing to Seller within five (5) days following the delivery of notice from Seller that such
exceptions cannot or will not be eliminated or cured, or may accept such title to the Property as
Seller can deliver without any reduction in the Purchase Price. If Town does not terminate this
Agreement within such ten (10) day period following notice from Seller that the unacceptable
exceptions will not be cured, then Town shall be deemed to have waived such right to terminate this
Agreement.
6. Seller’s Representations and Warranties. Seller further represents and warrants to
the Town as follows:
A. Seller will convey to the Town good and indefeasible title to the Property
free and clear of any and all liens, encumbrances, covenants, conditions, restrictions, easements
and any and all other matters affecting title thereto, except those items expressly waived or
permitted by the Town pursuant to the terms of this Agreement.
B. There are no written or oral leases on or affecting the Property and there
are no parties in possession of any portion of the Property as lessees, tenants at sufferance,
trespassers or otherwise.
C. There are, and as of the Closing, there will be no actions, suits or
proceedings pending or, to the knowledge of Seller, threatened against Seller or the Property or
arising out of the ownership of the Property, or affecting or relating to any portion of the
Property.
D. Seller has complied with all applicable laws, ordinances, regulations,
statutes, codes, rules, orders, decrees, determinations, covenants and restrictions relating to the
Property and every part thereof (hereinafter collectively referred to as the “Applicable Laws”)
including those promulgated or imposed by any agency, department, commission, board, bureau
or instrumentality of any governmental authority of the United States, the State of Texas, the
County of Collin, the Town of Prosper or any other local authority (hereinafter collectively
referred to as the “Governmental Authority”).
E. Seller has full power to enter into this Agreement and to consummate the
transactions provided for herein. Neither entering into this Agreement, nor consummating any of
the transactions provided for herein, will result in the imposition of any lien on the Property or
constitute a violation or breach by Seller of any lien, deed of trust, trust agreement, agreement or
other instrument affecting the Property or to which Seller is a party or by which Seller is bound.
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F. Seller is not a foreign person as such term is defined in Section 1445 of
the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder.
G. To the best of Seller’s knowledge, the environmental and ecological
conditions of the Property are not in violation of any applicable law, and the soil, surface water
and ground water of or on the Property are free from any Hazardous Materials (as hereinafter
defined). Neither Seller nor, to the best knowledge of Seller, any other person has ever caused or
permitted any Hazardous Materials to be treated, placed, held, located or disposed of on, under
or at the Property, or any part thereof, and the Property has never been used (whether by Seller
or, to the best knowledge of Seller, by any other person) as a treatment, dump, disposal or
storage (whether permanent or temporary) site for any Hazardous Materials, including batteries
used in motorized vehicles or golf carts. For the purposes of this Agreement, “Hazardous
Material” means and includes any hazardous, toxic or dangerous waste, substance, contaminant
or material defined as such in (or for purposes of) the Comprehensive Environmental Response,
Compensation, and Liability Act, any so-called “Superfund” or “Superlien” law, or any other
Applicable Law or other requirement of any Governmental Authority regulating, relating to, or
imposing liability or standards of or for conduct concerning, any hazardous, toxic or dangerous
waste, substance, contaminant or material, as now or at any time hereafter in effect.
H. To the Best of Seller’s knowledge there are no unpaid charges, debts,
liabilities, claims or obligations arising from or in connection with the construction,
development, occupancy, ownership, use or operation of the Property, or the business operated
thereon or in connection therewith, which could give rise to a Mechanic’s or Materialman’s or
other statutory liens against the Property or any part thereof, or for which the Town could or will
be responsible.
I. NO OTHER WARRANTIES AND DISCLAIMER. EXCEPT AS
EXPRESSLY SET FORTH IN THIS CONTRACT AND SELLER'S WARRANTY OF TITLE
SET FORTH IN THE DEED(S), TOWN ACKNOWLEDGES AND AGREES THAT SELLER
HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS,
AND TOWN IS NOT RELYING ON, ANY REPRESENTATIONS, WARRANTIES,
PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR
CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A)
THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY OR ANY
RELATED DOCUMENTS DISCLOSED TO TOWN, INCLUDING, WITHOUT
LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED
FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND
ALL ACTIVITIES AND USES WHICH TOWN MAY CONDUCT THEREON, (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, (H) THE
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STATUS OF SELLER'S TITLE TO THE PROPERTY OR THE ACCURACY OF ANY
SURVEY, OR (I) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND
SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE
WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS,
RULES, REGULATIONS, ORDERS OR REQUIREMENTS, OR THE DISPOSAL OR
EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS MATERIALS. EXCEPT
AS EXPRESSLY SET FORTH IN THIS CONTRACT AND SELLER’S WARRANTY OF
TITLE SET FORTH IN THE DEED CONVEYING THE PROPERTY TO TOWN, TOWN
UNCONDITIONALLY AND IRREVOCABLY WAIVES AND RELEASES ANY AND ALL
ACTUAL OR POTENTIAL RIGHTS TOWN MIGHT HAVE (INCLUDING CONTRACTUAL
AND/OR STATUTORY ACTIONS FOR CONTRIBUTION OR INDEMNITY) REGARDING
THE NATURE, CONDITION OR SUITABILITY OF THE PROPERTY OR ANY FORM OF
WARRANTY WITH RESPECT TO THE PROPERTY, EXPRESS OR IMPLIED OR ARISING
BY OPERATION OF LAW. TOWN FURTHER ACKNOWLEDGES AND AGREES THAT
HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, TOWN IS
RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON
ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER UNLESS SUCH
INFORMATION IS EXPRESSLY INCORPORATED INTO THE REPRESENTATIONS AND
WARRANTIES OF SELLER SET FORTH IN THIS CONTRACT. UPON CLOSING, TOWN
AND ITS SUCCESSORS AND ASSIGNS SHALL ASSUME ALL RISK AND LIABILITY
THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE
PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN
REVEALED BY TOWN'S INSPECTIONS AND INVESTIGATIONS. EXCEPT AS
EXPRESSLY SET FORTH IN THIS CONTRACT, SELLER SHALL NOT BE LIABLE OR
BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS,
REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION THEREOF, PREPARED OR FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT, CONTRACTOR OR THIRD PARTY. TOWN FURTHER
ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PROPERTY AS PROVIDED
FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS.
IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN
ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS
SOLD BY SELLER AND PURCHASED BY TOWN SUBJECT TO THE FOREGOING. THE
PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING, SHALL NOT
MERGE INTO THE INSTRUMENTS OF CLOSING, AND SHALL BE INCORPORATED IN
THE DEED(S).
For purposes of this Contract and any closing document, whenever the phrase “to Seller’s
actual knowledge,” “to Seller’s knowledge,” “the knowledge of Seller,” or “to the best of
Seller’s knowledge” or similar words of similar import are used, they shall be deemed to refer to
facts within the actual knowledge of Mehrdad Moayedi and no others, at the times indicated
only, without independent inquiry, without any actual or implied duty of inquiry whatsoever and
without imputation to such person of the knowledge of any other person. The named individuals
are acting for and on behalf of Seller and in a capacity as an officer or representative of Seller
and is in no manner expressly or impliedly making any representations or warranties in an
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individual capacity. Town waives any right to sue or seek any personal judgment or claim
against such individuals.
7. Condemnation. Immediately upon obtaining knowledge of the institution of any
proceedings for the condemnation of the Property or any portion thereof, Seller will notify the Town
of the pendency of such proceedings. In the event of the institution of proceedings for condemnation
of all or any portion of the Property or the sale of all or any portion of the Property in lieu of
condemnation, the Town shall have the option to terminate this Agreement by notice in writing to
Seller, in the event of which termination the parties shall have no further right or obligation to one
another under this Agreement except for any breach of this Agreement during the term hereof. If the
Town does not elect to so terminate, this Agreement shall remain in full force and effect and in such
event, Seller shall assign to the Town at the Closing any and all rights and claims Seller may have to
the proceeds of any such condemnation or sale in lieu of condemnation and the Town shall take title
to the Property with the assignment of such claim and interest and subject to such condemnation.
8. The Closing. The Closing (the “Closing”) of the sale and purchase of the Property
shall take place at the offices of the Title Company (i) on or after June 15, 2015, or (ii) on such other
date as Seller and the Town mutually may agree (the date of Closing is herein called the “Closing
Date”). At the Closing:
A. Seller shall deliver to the Town a duly executed and acknowledged special
warranty deed in a form sufficient to convey good and indefeasible title to the Property to the Town
free of all liens and encumbrances except for the Permitted Encumbrances.
B. The Town shall pay the Purchase Price to Seller in cash, by certified check
payable to Seller or by wire transfer in immediately available funds to a bank account of Seller’s
choice.
C. Seller shall deliver to the Town, at the Town’s expense, an owner’s title
policy issued by the Title Company in the amount of the Purchase Price insuring that the Town owns
fee simple title to the Property, subject to no exceptions other than (i) the Permitted Encumbrances;
(ii) the exception as to standby fees and taxes which shall have inserted the year of Closing and be
followed by the words “Not yet due and payable”; and (iii) other exceptions to which the Town
approves in writing. The exception for “any discrepancies, conflicts, or shortages in area or
boundary lines, or any encroachments or protrusions, or any overlapping of improvements” may be
deleted (except for shortages in area) at the Town’s expense.
D. Any general real estate taxes for the then current year relating to the Property
shall be prorated between Seller and the Town as of the Closing Date. If the Closing shall occur
before the tax rate is fixed for the then current year, the apportionment of such taxes shall be upon
the basis of the tax rate for the immediately preceding year applied to the latest assessed valuation of
the Property, and when the actual taxes for the year of Closing become known, Seller and the Town
shall make appropriate adjustments between them. This provision shall survive the Closing.
E. The escrow fee charged by the Title Company, recording costs, and any other
closing costs not otherwise identified herein shall be paid by the Town. Each party shall be
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responsible for the payment of its own attorney’s fees incurred in connection with this Agreement.
Other reasonable closing costs will be paid by the Town.
F. Possession of the Property shall be given to the Town, subject to the
Permitted Encumbrances.
G. Each party shall deliver any required evidence of such party’s authority and
capacity to close the transaction.
H. All other documents reasonably required by the Title Company from each
party to close this transaction.
9. Maintenance of Property. Seller covenants and agrees with the Town that, between
the Execution Date referenced above and the date of Closing, (i) Seller shall keep the Property
reasonably clean and maintain the Property in reasonably good condition and repair, including the
removal of trash and mowing of grass, and (ii) Seller shall not permit the construction of any
buildings or other structures on the Property or attach or permit the attachment of any encumbrance
to title to the Property other than encumbrances existing on the date hereof.
10. Special Provisions. The parties agree to the following special provision:
Seller, at no additional cost to the Town, hereby grants, transfers and conveys unto the
Town, for the benefit of the Town, its successors and assigns, and its respective Permittees
(defined below), a perpetual, non-exclusive easement (the “Easement”) for the purpose of
allowing vehicular and pedestrian ingress, egress and access over and across the Seller’s
adjacent property from Prosper Trail for purposes of maintenance, repairs and other activities
related to the Elevated Storage Tank to be constructed and located on the Property. The term
“Permittees” shall include the Town’s agents, employees, contractors, and/or representatives.
This Easement shall be included in the Special Warranty Deed to be provided by the Seller to the
Town at Closing.
11. Remedies. If either party shall breach this Agreement, the other party may exercise
any and all rights and remedies available to it at law or in equity including the right to enforce
specific performance by both parties and as such, the Town agrees that it has waived its sovereign
immunity solely as it relates to any breach by the Town of this Agreement. Neither party shall be
entitled to enforce or collect any consequential, punitive, or speculative damages.
12. Further Agreements by Seller and the Town. In addition to the obligations required
to be performed hereunder by Seller and the Town, each party agrees to perform such other acts, and
to execute, acknowledge and/or deliver such other instruments, documents and materials as the other
party may reasonably request in order to effectuate the consummation of the transactions
contemplated herein.
13. Real Estate Commission. Seller and the Town each represents to the other that it has
not authorized any broker or finder to act on its behalf in connection with this Agreement and that it
has not dealt with any broker or finder purporting to act on behalf of any other party.
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14. Notice. Any notice or document required or permitted to be delivered hereunder
shall be given in writing, sent by (i) personal delivery, or (ii) expedited delivery service with proof
of delivery, or (iii) United States mail, postage prepaid, registered or certified mail, or (iv) prepaid
telegram, telex or telecopy, addressed as follows:
Seller: Prosper Falls Development, LLC
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Att’n: Mr. Mehrdad Moayedi
The Town: Mr. Harlan Jefferson, Town Manager
P.O. Box 307
Prosper, Texas 75078
or to such other address or to the attention of such other person as hereafter shall be designated in
writing by the applicable party sent in accordance herewith. Any such notice or communication
shall be deemed to have been given either at the time of personal delivery or, in the case of delivery
service or mail, as of the date of first attempted delivery at the address and in the manner provided
herein, or in the case of telegram, telex or telecopy, upon receipt.
15. Assignment. Seller and the Town mutually agree not to assign any of Seller’s or the
Town’s respective rights or interest under this Agreement to any other party without the prior,
written consent of the other. Any such assignment attempted without such prior, written consent
shall be null and void.
16. Time. Time is of the essence of this Agreement.
17. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all parties hereto had signed the same document. All such counterparts shall be
construed together and shall constitute one instrument, but in making proof hereof it shall only be
necessary to produce one such counterpart.
18. Severance. If any covenant, condition, or provision herein contained is held to be
invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant,
condition, or provision shall not in any way affect any other covenant, condition or provision herein
contained.
19. Governing Law. This Agreement and the rights and duties of the parties hereunder
shall be governed for all purposes by the law of the State of Texas and the law of the United States
applicable to transactions within said State.
20. Successors and Assigns. The terms and provisions of this Agreement shall,
throughout the term hereof, be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
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21. Legal Expenses. Should either party to this Agreement institute any action or
proceeding in court to enforce any provision hereof or for damages by reason of any alleged breach
of any provision of this Agreement or for any other judicial remedy, the losing party shall pay the
prevailing party all reasonable attorney’s fees and all court costs incurred by the prevailing party in
connection with such proceeding.
22. Complete Agreement. This Agreement embodies the complete agreement between
Seller and the Town regarding the subject matter hereof and cannot be varied or terminated except
by the written agreement of the parties.
IN WITNESS WHEREOF, Seller and the Town have executed and delivered this
Agreement as of the date first above written.
TOWN OF PROSPER, TEXAS
By: _____________________________________________
Harlan Jefferson, Town Manager
ATTEST:
_________________________________
Robyn Battle, Town Secretary
THE STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of ___________, 2015, by
Harlan Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of such municipal
corporation.
________________________________________________
Notary Public, State of Texas
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SELLER:
Prosper Falls Development, LLC
a Texas Limited Liability Company,
By: CADG Prosper Falls 85, LLC,
a Texas limited liability company
Its: Manager
By: CADG Holdings, LLC,
a Texas limited liability company
Its Sole Member
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
By:______________________________
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of ________________
2015 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures,
LLC, as Manager of CADG Holdings, LLC, as Sole Member of CADG Prosper Falls 85, LLC,
a Texas limited liability company, as Manager of Prosper Falls Development, LLC, a Texas
limited liability company on behalf of said company.
___________________________________
Notary Public, State of Texas
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EXHIBIT A
(Property Description)
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To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Right-of-Way Agreement
between the Town of Prosper, Texas, and CADG Prosper Lakes North, LLC., related to providing
escrow funds for the payment of the right-of-way needed for the future collector road adjacent to
the Lakes of Prosper North development.
Description of Agenda Item:
CADG Prosper Lakes North, LLC, is developing the Lakes of Prosper North which is adjacent to
the future north-south collector road that connects Prosper Trail to Frontier Parkway. As part of the
platting of the subdivision, one-half of the necessary 60’ of right-of-way needed for the future
collector road was to be dedicated with the development. As part of the improvements to the
property, the large retention pond that serves the Lakes of Prosper North and Lakes of Prosper
developments was required to be modified so that no portion of the pond would be located in the
dedicated right-of-way. While engineering plans were approved to show the improvements
necessary to reclaim the property for the required right-of-way, field construction was unable to
achieve the modifications.
In order to facilitate the future collector road adjacent to the Lakes of Prosper North development,
nearly all of the right-of-way required will need to be acquired from the adjacent property owner.
Since the Lakes of Prosper North development was unable to dedicate their respective portion of
right-of-way, due to the physical constraints of the large retention pond, CADG Prosper Lakes
North, LLC, has agreed to pay the Town the costs associated with the future right-of-way
acquisition costs for the additional acreage in excess of what the adjacent property owner will be
required to dedicate in the future.
Budget Impact:
The Town had an appraisal performed on the additional acreage which reflected a fair market
value of approximately $140,300 per acre. The amount of additional acreage is 0.798 acres which
equates to a fair market value of $112,000. Since the right-of-way will be acquired in the future,
CADG Prosper Lakes North, LLC, has agreed to pay 150% of the fair market value to account for
inflation. Upon execution of this agreement, CADG Prosper Lakes North, LLC, will provide the
Town with a certified check in the amount of $168,000 for the purpose of acquiring the additional
right-of-way needed in the future for the collector road.
Prosper is a place where everyone matters.
ENGINEERING
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Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Right-of-Way Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Right-of-
Way Agreement between the Town of Prosper, Texas, and CADG Prosper Lakes North, LLC.,
related to providing escrow funds for the payment of the right-of-way needed for the future collector
road adjacent to the Lakes of Prosper North development.
Proposed Motion:
I move to authorize the Town Manager to execute a Right-of-Way Agreement between the Town of
Prosper, Texas, and CADG Prosper Lakes North, LLC., related to providing escrow funds for the
payment of the right-of-way needed for the future collector road adjacent to the Lakes of Prosper
North development.
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To: Mayor and Town Council
From: Matt Furr, Park Superintendent
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Facility Utilization Agreement
between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to
use of the Town’s facilities and services to accomplish the organization’s objective.
Description of Agenda Item:
At the October 22, 2013, Town Council meeting, an ordinance was adopted establishing the
Prosper Youth Sports Commission (PYSC). Bylaws for the PYSC were approved at the November
11, 2014, Town Council meeting.
The attached agreement gives PYSC leagues priority use of the Town’s fields and incorporates
applicable components of the agreement into its previously approved bylaws.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Facility Utilization Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Facility
Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports
Commission (PYSC), related to use of the Town’s facilities and services to accomplish the
organization’s objective.
Proposed Motion:
I move to authorize the Town Manager to execute a Facility Utilization Agreement between the
Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the
Town’s facilities and services to accomplish the organization’s objective.
Prosper is a place where everyone matters.
PARKS &
RECREATION
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To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
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.
Description of Agenda Item:
Attached are the Preliminary Site Plans and Site Plans acted on by the Planning & Zoning
Commission at their June 2, 2015, meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any Preliminary Site Plan or Site Plan
acted on by the Planning & Zoning Commission.
Attached Documents:
1. Preliminary Site Plan for Prosper Bank
2. Preliminary Site Plan for Texas Health Resources
3. Site Plan for Texas Health Resources
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on these items.
Prosper is a place where everyone matters.
PLANNING
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Item 5e
¤03 - 23 - 2015
100500 25
Item 5e
100500 25
SHEET NUMBER
TITLE
Approved
Checked
Drawn
Job Number
ISSUE CHART
15234
A
D
B
C
15234
A
D
B
C
CONSULTANTS
KEYPLAN
PROJECT
STRUCTURAL
CIVIL
MEP
CONTRACTOR
FACILITY
LANDSCAPING
OWNER
G:\680\01\0A\ENGINEERING\CONSTRUCTION PLANS\68001.0A - SITE.DWGChecker
Author
142963.000
Approver
INTEGRATED HEALTH
CAMPUS - PROSPER
&RS\ULJKW3HUNLQV:LOO
PROSPER, TEXAS
TEXAS HEALTH
RESOURCES
DESIGN DEVELOPMENT 05.08.20156750 Hillcrest Plaza Dr., Ste. 325, Dallas, TX
75230
5310 Harvest Hill Road, Ste. 100, Dallas, TX
75230
3625 North Hall Street, Ste 1300, Dallas, TX
75219
3535 Travis Street, Ste. 300, Dallas, TX 75204
8150 North Central, Suite 701, Dallas, TX 75206
612 E. Lamar Blvd, Ste. 200, Arlington, TX
76011
10100 North Central Expressway
Suite 300
Dallas, Texas 75231
t 214.283.8700
f 214.283.8701
www.perkinswill.com
MARK ISSUE DATE
05 - 22 - 2015
SITE PLAN
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To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning 9.4± acres,
located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural
(A) to Planned Development-Single Family-15 (PD-SF-15). (Z14-0016).
History:
At the May 12, 2015, Town Council meeting, the associated Future Land Use Plan amendment
(case CA15-0003) was denied. This item was tabled in order to give the applicant an
opportunity to meet the recommendations of the Low Density Residential District of the Future
Land Use Plan and provide minimum lot sizes of 15,000 square feet. The applicant has revised
the request to provide minimum lot sizes of 15,000 square feet.
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use
Future Land
Use Plan
Subject
Property Agricultural Undeveloped Low Density
Residential
North
Planned Development-36-
Single Family-10 and
Single Family-15
Undeveloped Low Density
Residential
East Planned Development-60-
Single Family-10 Undeveloped Medium Density
Residential
South Planned Development-66-
Single Family Undeveloped Low Density
Residential
West Agricultural Undeveloped Low Density
Residential
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 4
Requested Zoning – Z14-0016 is a request to approve an ordinance rezoning 9.4± acres,
located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural
(A) to Planned Development-Single Family-15 (PD-SF-15). The PD-SF-15 regulations are
attached. The proposed PD-SF-15 District would allow for the development of lots a minimum
of 15,000 square feet in size. The following is a comparison of the proposed PD-SF-15 District
standards to the straight SF-15 District standards:
Proposed PD-SF-15 District Standard SF-15 District
Min. Lot Area 15,000 square feet 15,000 square feet
Min. Lot Width 90 feet 100 feet
Min. Lot Depth 130 feet 135 feet
Min. Dwelling
Area 2,500 square feet 1,800 square feet
Front Yard
Setback 25 feet 35 feet
Side Yard
Setback
8 feet, 15 feet on corner lots
adjacent to a side street
10 feet, 15 feet on corner lots
adjacent to a side street
Rear Yard
Setback 25 feet 25 feet
Maximum
Height 40 feet 40 feet
The Planned Development (PD) District standards that exceed the straight zoning include:
Building and Architectural Standards
a. an exterior lighting package to illuminate front entrances, garages, landscaping and trees
located in the front yard;
b. minimize the repetition of home elevations;
c. require a mix of swing-in garages and front facing garage doors;
d. provide for enhanced driveway paving treatments and garage doors; and
e. prohibit carports and the parking of certain vehicles
Fencing
a. fencing adjacent to open space, parks or floodplain to be ornamental metal
b. wooden fencing to be cedar, board-on-board with a top rail and a common stain color
c. privacy fences on single family residential lots to be located ten (10) feet behind the front
elevation of the main building and not exceed eight (8) feet in height above grade
The following standard does not meet the Town’s standards:
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Page 3 of 4
Cul-de-sac Length – The PD provides for a maximum cul-de-sac length of 700 feet; however,
the Town’s Subdivision Ordinance limits the maximum length of cul-de-sacs to 600 feet.
Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for
the property. The Low Density Residential District recommends single family lot sizes between
15,000 square feet and 1+ acre in size. The proposed rezoning request includes 9.4± acres of
Single Family-15 (SF-15), as shown on Exhibit A. The proposed Planned Development-SF-15
District would allow for the development of single family residential lots, with a minimum lot area
of 15,000 square feet. The proposed rezoning request is in conformance with the Future Land
Use Plan.
Thoroughfare Plan – The property is not adjacent to any future 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 will be provided from the northern adjacent development.
Schools – This property is located within the Prosper Independent School District (PISD).
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – The 100-year floodplain located on the property is shown on
Exhibit A.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by state law. Town staff
has received one Public Hearing Notice Reply Form; not in opposition to the request.
Attached Documents:
1. Zoning map of the surrounding area
2. Public Hearing Notice Reply Form
3. Ordinance
Planning & Zoning Commission Recommendation:
At their December 16, 2014, meeting, the Planning & Zoning Commission recommended the
Town Council approve the request to rezone 9.4± acres, located 500± feet north of Prosper
Trail, 3,000± feet west of Dallas Parkway, from Agricultural (A) to Planned Development-Single
Family-12.5 (PD-SF-12.5), by a vote of 4-1 (Snyder opposed; Barnes and Hema absent).
The members indicated that even though the entirety of the development did not meet the
minimum requirement for 15,000 square foot lots, improvements had been made to the exhibit
in terms of lot size in addition to the enhanced development standards. Several members
indicated the request was appropriate. Commissioner Snyder indicated the request did not
warrant a deviation from the Future Land Use Plan.
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance rezoning 9.4± acres,
located 500± feet north of Prosper Trail, 3,000± feet west of Dallas Parkway, from Agricultural
(A) to Planned Development-Single Family-15 (PD-SF-15).
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Page 4 of 4
Proposed Motion:
I move to approve an ordinance rezoning 9.4± acres, located 500± feet north of Prosper Trail,
3,000± feet west of Dallas Parkway, from Agricultural (A) to Planned Development-Single
Family-15 (PD-SF-15).
Item 7
SF-10/12.5PD-36
SF-10PD-60
SF-15PD-63
SFPD-66
RPD-66
A
SF-15
CC
Z14-0016
±0 150 300
Feet
1 inch = 300 feet
Prosper Trail
Item 7
Item 7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 9.440 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-15 (PD-SF-15); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from
Baldwin Associates, LLC (“Applicant”) to rezone 9.440 acres of land, more or less, situated in
the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20 and Ordinance No. 04-99. Zoning
Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described
property containing 9.440 acres of land, more or less, situated in the Collin County School Land
Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all
streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development-Single Family-15 (PD-SF-15). The property as a whole and the boundaries for
Item 7
each zoning classification are more particularly described in Exhibits “A” attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit " B"; 2) the planned development standards, attached hereto as
Exhibit " C"; 3) the conceptual development plans, attached hereto as Exhibit " D"; and 4) the
development schedule, attached hereto as Exhibit "E, which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of
the Property within this Planned Development District must comply with the requirements of all
ordinances, rules, and regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Item 7
Ordinance No. 15-__, Page 2
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9th DAY OF JUNE, 2015.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 7
Ordinance No. 15-__, Page 3
METES AND BOUNDS DESCRIPTIONMike Myers Investment Holdings, L.P.9.440 AC TractItem 7Ordinance No. 15-__, Page 4
Exhibit B
Statement of Intent and Purpose
The purpose of this planned development is to contribute to the positive
environment created by the PD regulations established for Legacy Crossing (PD-
36 and PD-60). The proposed development standards exceed those previously
adopted by the Legacy Crossing Planned Development in order to conform to
the 2012 Comprehensive Plan. This property will further the design for the
entrance, common areas, and buffer treatments established for Legacy
Crossing.
This planned development will also allow the opportunity to include some
landlocked property into Legacy Crossing which will further the positive
atmosphere created by that community.
Item 7
Ordinance No. 15-__, Page 5
Exhibit C
Planned Development Standards
9.440 Acres (Gross)
1.0 Planned Development District - Single Family Residential
1.1 The property shall be developed in accordance with the Single Family-15
District as outlined in the Town of Prosper Zoning Ordinance 05-20, as it exists
or may be amended, unless identified below. Unless otherwise noted, all
development shall be in accordance with all Town Codes.
1.2 Development Pattern: The property shall generally develop in accordance with
Exhibit D, Zoning Exhibit.
1.3 Open Space: The open spaces shown on the Zoning Exhibit, Exhibit D, shall be
landscaped and maintained by the Homeowners Association.
1.4 Setbacks:
a. Minimum Front Yard: 25 feet.
b. Minimum Side Yard: 8 feet.
c. Minimum Rear Yard: 25 feet.
1.5 Minimum Lot Area: 15,000 square feet.
1.6 Minimum Lot Width at Front Building Line: 90 feet.
1.7 Minimum Lot Depth: 130 feet.
1.8 Minimum Dwelling Area: 2,500 square feet.
1.9 Building Standards:
a. All homes shall provide an exterior lighting package to illuminate the front of
homes. The package shall include a minimum of 2 up or down lights to
accent building architectural and/or landscape features. Security lighting
may not be substituted for accent lighting.
b. Home elevations shall alternate at a minimum of every 4 homes on the same
side of a street and every 3 homes on the opposite sides of a street.
c. Garage doors shall be cedar clad and stained.
d. Homes on a minimum of 2/3 of the single family lots within the community
shall utilize swing in garages. For the purposes of this item, when garages
for 3 cars are provided and the 2-car garage is a swing in garage, the home
shall be considered as to have provided a swing in garage.
e. Except for garage doors provided on swing in garages, garage doors shall
not be located closer to the street than the primary front facade of the home.
Item 7
Ordinance No. 15-__, Page 6
f. Carports are prohibited.
1.10 Required Parking:
a. A minimum of 4 off-street, concrete parking spaces shall be provided for each
residential unit. As part of the parking requirement, at least 2 of the off-street
parking spaces shall be in an enclosed garage.
b. The parking of motor homes, boats, and/or trailers on a lot facing a street or
on a street, is prohibited.
1.11 a. All fencing located on single-family lots adjacent to open spaces shall consist
of ornamental metal/tubular steel.
b. All wooden fencing shall be cedar, board-on-board with a top rail, and comply
with the Town’s fencing standards as they exist or may be amended. A common
wood fence stain color shall be established for the development.
c. Privacy fences on single family residential lots shall be located no closer to the
front property line than 10 feet behind the front elevation of the house and shall
not exceed 8 feet in height above grade.
1.12 Driveways: Enhanced paving treatments shall be provided for all driveways and
shall consist of one of the following, or other treatment as approved by the
Director of Development Services.
a. Stamp and stain/patterned concrete (must be dust-on color application to
wet concrete).
b. Acid-etched color concrete for the field with scored smooth colored borders
(must use dust-on color application to wet concrete).
c. Colored concrete with scored smooth border (must use dust-on color
application to wet concrete).
1.13 Cul-de-sacs: Cul-de-sacs shall not exceed 700 feet in length.
2.0 General Conditions
2.01 Homeowners Association. Each lot shall be a member of the Legacy Crossing
(PD-60) Homeowner's Association.
Item 7
Ordinance No. 15-__, Page 7
METES AND BOUNDS DESCRIPTIONMike Myers Investment Holdings, L.P.9.440 AC TractItem 7Ordinance No. 15-__, Page 8
Exhibit E
Development Schedule
9/16/14– Development Application Submitted
12/2/14 – Preliminary plat goes to P&Z
2/21/15 – Phase 1 construction plans approved
3/15/15 – Construction begins
8/12/15 – Construction Complete/Town accepts infrastructure
9/14/15 – Final plat file
Item 7
Ordinance No. 15-__, Page 9
Page 1 of 4
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an agreement between the
Town of Prosper, Texas, and Randall Scott Architects, related to architectural and engineering
design services for a Town Hall/Multi-Purpose Facility; and authorizing use of the construction
manager at risk contracting method for construction.
Description of Agenda Item:
The Town requested Statements of Qualifications (SOQ) from qualified firms, to provide
professional Architectural and Engineering Design Services, relating to the conceptual design
and planning of a new Town Hall/Multi-Purpose Facility. The project was anticipated to be split
into a needs assessment phase and a design services phase. The Town received eight
responses by the due date and time (January 3, 2014, at 2:00 p.m.). Firms were required to
submit information in order to facilitate evaluation based on the following criteria:
1. firm's overall ability to meet the Town's objectives;
2. experience;
3. professional qualifications of individuals assigned to the project; and
4. references.
The evaluation committee was comprised of eight staff members representing Town Secretary’s
Office, Finance, Human Resources, and Development and Community Services. The
evaluation committee scored each submittal in accordance with the evaluation criteria as stated
above, to determine the total points for each firm.
Based on the initial scores, the evaluation committee further reviewed the three top-ranked
firms. After additional discussions with references, researching change order histories, and
conducting interviews, the committee re-ranked the three top-ranked firms.
The first agreement for the needs assessment phase was approved at the April 8, 2014, Town
Council meeting. Brinkley Sargent Architects was selected from the three top-ranked firms and
has completed the needs assessment. The results of the needs assessment showed that a two-
story, 35,701SF Town Hall/Multi-Purpose Facility could be constructed to meet the space needs
for Town Administration, Court, Development Services (Building Inspections, Code Compliance,
Planning), Engineering Services and Library to 2020, or Town population of 28,000, for
approximately $17,000,000, which is detailed in the Budget Impact section of the staff report.
Prosper is a place where everyone matters.
DEVELOPMENT AND
COMMUNITY SERVICES
Item 8
Page 2 of 4
The needs assessment also included a conceptual site plan showing the footprint for the
ultimate two-story, 61,999SF facility with adequate parking on and adjacent to the property.
After the completion of the needs assessment, the Town decided to negotiate a separate
agreement for the design services phase of the project with a different architect which was also
selected from the three top-ranked firms. The proposed design services agreement with
Randall Scott Architects includes the architectural, structural and MEP (mechanical, electrical,
and plumbing) design of the building, engineering services for the on-site improvements, interior
design, and necessary consultants to assist with acoustical, technology, and library design.
At the May 26, 2015, Town Council meeting, the agreement with Randall Scott Architects was
tabled to allow staff, the Town Attorney, and Randall Scott Architects additional time to complete
the Supplemental Conditions section of the agreement. During the meeting, Town Council
provided additional feedback on the May 22, 2015, tour of other local city halls, regarding
square footage and number of stories for the facility. Staff was given direction to increase the
initial square footage of the building from 35,701SF to approximately 50,000SF, which would be
near the size of the facility planned for 2024 in the needs assessment, and to evaluate the cost
differences between a two-story and three-story building. The architect was also asked for a
cost reduction of the proposed $15,000 of additional services for structural design of a two-story
versus a three-story building, and inclusion of 3D Visualization Artist in the base services
instead of $125/hour additional cost.
Exhibit “A” of the attached agreement with Randall Scott Architects has been revised to include
services for the design of an approximate 50,000SF facility and allows the decision to go with a
two-story or a three-story later in the design process, once space programming is better
planned and cost comparisons can be prepared. The additional service of $15,000 for vertical
structural expansion design services to build an initial two-story building that can be expanded
to three-stories in the future is still included in the scope but will not be needed if the Town
decides to build a two-story ultimate footprint or three-story initial footprint. The design fee
already includes this cost. Also, the basic services include the renderings so any renderings
requested beyond what is in the agreement would require the Town to pay the $125/hour rate..
In addition, staff recommends using the construction manager at risk contracting method for
construction of the Town Hall/Multi-Purpose Facility, in order to obtain a qualified Construction
Manager, and the proposal that offers the best value to the Town.
The following tentative schedule for the project has been provided by Randall Scott Architects
and is considered aggressive. To achieve it, quick decisions will have to be made by the Town
during the design process:
June 10, 2015 Town issues Notice to Proceed to RSA
August 31, 2015 Completion of Pre-Design & Schematic Design Phases (2.75 months)
December 11, 2015 Completion of Design Development Phase & GMP Pricing Package
issued to CM at Risk (3.25 months, includes 1 holiday week for
Thanksgiving Holiday)
January 22, 2016 CM at Risk Guaranteed Maximum Price due (1 1/2 months, includes the 2
holiday weeks for Christmas and New Year's)
January 29, 2016 Town issues CM at Risk Notice to Proceed (1 week)
February 24, 2016 Completion of 100% Construction Documents (2 1/2 months, includes 2
holiday weeks for Christmas and New Year's)
March 24, 2016 CM at Risk Final Buyout (1 month)
March 31, 2016 Substantial Completion & Furniture Move-in Occurs (14 months)
April 15, 2017 Approximate Move-in Date for Staff (2 weeks)
April 29, 2017 Contractor Achieves Punch Out/Final Completion
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Page 3 of 4
Budget Impact:
At the March 31, 2015, Town Council Work Session, an overall budget of approximately
$17,000,000 for the Town Hall/Multi-Purpose Facility was discussed and presented as follows:
Construction of Facility, On-Site and Off-Site Improvements: $ 14,536,570
o Facility: $ 9,236,780
o On-Site Parking: $ 1,005,000
o Off-Site Improvements: $ 450,000
o Contingency (10%): $ 1,069,200
o Escalation (23.6%): $ 2,775,590
Furniture, Fixtures & Equipment: $ 975,900
Professional Services: $ 1,485,170
Based on comments received from the Town Council at the May 26, 2015, meeting regarding
increase in square footage, Town staff and Randall Scott Architects discussed setting an initial
budget for the construction of the facility, on-site parking, contingency and escalation at
$14,000,000. It is important to note that this is almost the same as the estimated costs for the
same improvements based on Brinkley Sargent Architects’ estimate above of $13,924,750 for
35,700SF, when the off-site improvements ($450,000) along with the associated 10%
contingency ($45,000) and 23.6% escalation ($116,820) are deducted from the $14,536,570
estimate. If the costs for the Facility, On-Site Parking, associated Contingency and Escalation
exceed the $14,000,000, the agreement with Randall Scott Architects does include language
stating that if the construction cost of the project exceeds the initial budget, then the design
services fees will be increased at a percentage of 8.9% times the increased amount of the
construction cost exceeding $14,000,000.
It is important to note that there will be additional agreements with other consultants necessary
for the surveying, geotechnical services, and engineering design of the off-site improvements
required for the project. Once the agreements are complete, they will be provided to the Town
Council for their consideration. Town staff estimates the cost for the additional professional
services is $300,000 and the associated cost for the construction of these improvements is
approximately $1,000,000. For comparison, Brinkley Sargent Architects estimated the off-site
improvements at $611,820 with contingency and escalation. The cost increase is attributed to
some additional drainage work upstream and downstream needed to facilitate the project.
The negotiated fee for the attached design services agreement with Randall Scott Architects is
$1,389,146. The agreement also includes $15,000 for reimbursable expenses as outlined in
Article 11.8.1 of the agreement. Additional services, if elected by the Town, will be
compensated in accordance with Article 11 of the agreement. The fees for the design and
reimbursable expenses, in an amount not to exceed $1,404,146, will be funded from
Professional Services Account # 75-6610-10-00-1402-FC.
At the April 8, 2014, Town Council meeting, the Town Council approved a Reimbursement
Resolution in the amount of $1,250,000 for Town Hall design and construction. The negotiated
fee for the needs assessment with Brinkley Sargent Architects was $45,500, which included
$2,500 for reimbursable expenses and $15,000 for renderings. Final cost for the needs
assessment was $28,735. There was costs savings in reimbursable expenses and the
renderings are now included in the design services agreement with Randall Scott Architects.
Since the costs for the needs assessment, design services, and upcoming additional agreement
with other consultants necessary for the surveying, geotechnical services, and engineering
design of the off-site improvements required for the project are estimated at approximately
$1,750,000, bond counsel has stated that even though the anticipated costs are somewhat
higher, that the Town could rely on the original Reimbursement Resolution.
Item 8
Page 4 of 4
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Agreement
Town Staff Recommendation:
Town staff recommends the Town Council approve an agreement between the Town of
Prosper, Texas, and Randall Scott Architects, related to architectural and engineering design
services for a Town Hall/Multi-Purpose Facility; and authorizing use of the construction manager
at risk contracting method for construction.
Proposed Motion:
I move to approve an agreement between the Town of Prosper, Texas, and Randall Scott
Architects, related to architectural and engineering design services for a Town Hall/Multi-
Purpose Facility; and authorizing use of the construction manager at risk contracting method for
construction.
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Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Discussion on the Frontier Park North and Sexton Park Conceptual Master Plans.
Description of Agenda Item:
At the December 9, 2014, Town Council meeting, Elizabeth McIlrath of Dunaway Associates
presented the on-site assessment of Frontier Park North and Sexton Park. Ms. McIlrath reviewed
the existing conditions of Frontier Park and Sexton Park and received initial ideas for program and
facility improvements to the sites.
At the February 10, 2015, Town Council meeting, Council received two concepts of Frontier Park
North and three concepts of Sexton Park. The Town Council asked for the consultants to consider
artificial turf on practice and game fields at Frontier Park North and indicated that they may be
willing to forego some of the parking area on the east side and rely on shared parking with the
future Prosper ISD stadium in order to provide more usable field space. The consultants were
directed to revise the conceptual plan by maximizing the number of diamond sports fields,
maximizing the area of multi-use field sports, and making use of artificial turf wherever possible.
Comments on Sexton Park concepts, included the community center being located along First
Street, where it would be more visible and accessible, and maximize the number of youth diamond
sports fields and multi-use field sports areas. It was also mentioned that the Prosper Historical
Society may consider Sexton Park an appropriate location for a Veterans Memorial.
At the March 19, 2015, Parks and Recreation Board (PARBd) meeting, Jack Dixon presented the
Veterans Memorial conceptual design and informed PARBd that the Prosper Historical Society
would like to have the Veterans Memorial located at Sexton Park. PARBd approved a
recommendation to locate the Veterans Memorial at Sexton Park, subject to having the consultant
evaluate the location.
At the April 14, 2015, Town Council meeting, Dunaway Associates presented Frontier Park North
based on the feedback received from the Town Council with costs associated with the latest
option. Council asked the consultant to provide a cost comparison between natural turf and
artificial turf.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 9
Page 2 of 2
Dunaway Associates has incorporated the feedback received from the Town Council and
developed two concept plan options for Frontier Park North to receive direction to either provide
flexibility of the baseball field, or maximize the multi-use field sports area. Dunaway also
incorporated a detailed cost comparison between natural turf and artificial turf.
As for Sexton Park, Dunaway Associates has revised the conceptual master plan based on the
feedback from the Town Council and the PARBd recommendation of including the Veteran’s
Memorial at Sexton Park.
Attached Documents:
1. Frontier Park North Concept Plans
2. Frontier Park North Cost Estimates
3. Sexton Park Concept Plan
4. Sexton Park Cost Estimates
Town Staff Recommendation:
Town staff requests that the Town Council provide feedback on the Frontier Park North and Sexton
Park Conceptual Master Plan.
Item 9
Consensus
Concept
•(3) Field Complex
with 225’ Foul Lines
Shifted West
•Multi-Use Fields with
More Buffer
•Parking West of 3-Plex
with Overflow to East
(+/- 200 Spaces)
•Passive Recreation
Area at Water
•Trail Connections w/
Pedestrian Bridge
•Possible Practice Area
near Batting Cages
Item 9
Consensus
Concept
Alternative
•(3) Field Complex with
225’ Foul Lines
•Western Buffer
- Allows for Possible
Future Expansion
(Older Youth Play)
- Possible Warm Up Area
•Other Uses Remain:
-Parking West of
3-Plex w/ Overflow
to East (+/- 200)
-Passive Recreation
at Water
-Trail Connections w/
Pedestrian Bridge
-Possible Practice Area
near Batting Cages
Item 9
Frontier
Park North Budget Projections
•General Site Items………….…...$ 1.1 M
•Youth Field Complex….…….….$ 1.6 M
•Multi-Use Field Areas……............$ 1.2 M
•Passive Recreation Area……..…..$ 300k
•Overflow Practice Area………....$ 20k
•Overflow Parking (Gravel)……...$ 180k
•Contingency (15%)……………..$ 665k
CONSTRUCTION TOTAL………...$ 5 M
•Other Costs……………..…….$ 577k
(Owner’s Costs, Testing, Geotech, Design, TDLR, etc.)
PROJECT BUDGET TOTAL…..…..$ 5.6 M
Item 9
Frontier
Park North
Budget Projections
(w/ Artificial Turf Option)
•General Site Items………….…...$ 1.1 M
•Youth Field Complex….…….….$2.7 M
•Multi-Use Field Areas……............$2.6 M
•Passive Recreation Area……..…..$ 300k
•Overflow Practice Area………....$ 20k
•Overflow Parking (Gravel)……...$ 180k
•Contingency (15%)……………..$1 M
CONSTRUCTION TOTAL………...$8 M
•Other Costs……………..…….$870k
(Owner’s Costs, Testing, Geotech, Design, TDLR, etc.)
PROJECT BUDGET TOTAL…..…..$8.8 M
Item 9
Consensus
Concept
•(4) Field Complex w/
250’ Foul Lines
•Parking Increased to
+/- 645 Spaces
•Community Space
w/ Amphitheater and
Veterans Memorial
•Trail Connections to
Town Trail Network
along First and Coit
•Other Uses Remain:
Multi-Use Fields
Neighborhood Park
Community Center
Tennis Courts
Item 9
•General Site Items………….….$ 4.7 M
•Youth Field Complex….…….…$ 2.1 M
•Multi-Use Field Areas……...........$ 4 M
•Lighted Tennis Courts…..…..….$ 300k
•Community Space Area………...$ 1.5 M*
*Includes $550K for Veterans Memorial
•Neighborhood Park……………$ 620k
•Contingency (15%)…………….$ 2 M
CONSTRUCTION TOTAL………...$ 15.2 M
•Other Costs……………..…….$ 1.6 M
(Owner’s Costs, Testing, Geotech, Design, TDLR, etc.)
PROJECT BUDGET TOTAL…..…..$ 16.8 M*
*Excludes Future Community Center ( Approx. $15 M per Parks Master Plan)
Budget ProjectionsSexton
Park
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Brown & Gay Engineers, Inc., and the Town of Prosper, Texas,
related to the Prosper Trail Elevated Storage Tank project.
Description of Agenda Item:
The 2011 Water System Capital Improvement Plan, recommended that a new water tower be
constructed along Prosper Trail between Preston Road and Coit Road. Originally, this plan
recommended that the water tower be in-service by this summer; however, further analysis of
water demands and system operations has allowed the in-service date to shift back two years to
summer 2017. To meet this in-service date, design must begin this summer and construction must
begin in early 2016.
The Professional Engineering Services Agreement with Brown & Gay Engineers in the amount of
$342,915 is for the engineering design of the Prosper Trail Elevated Storage Tank. The land
acquisition for the tank site on the north side of Prosper Trail between Preston Road and Coit Road
is also on this agenda. This water tower will consist of a concrete pedestal and steel tank that will
be almost identical in appearance to the existing water tower located at First Street and Craig
Road.
The agreement includes topographic and property surveys, preliminary and final design submittals,
preparation of construction specifications, and bidding and construction administration services. In
addition to these traditional design elements, the agreement also includes submittal of a site plan
and plat to comply with the Town's development regulations, coordination with TCEQ and FAA for
permitting, and additional inspections and observations that are outside the expertise of Town staff.
A list of qualified firms to provide professional engineering and related services to the Town of
Prosper was approved by Town Council on March 25, 2014. Brown & Gay Engineers, Inc., is one
of six firms on the list qualified in the area of water and sewer design. This will be Brown & Gay
Engineer's first job in Prosper, but they have completed work successfully for numerous other
municipalities in the region including Frisco and McKinney.
Budget Impact:
Funding for the agreement, in the amount of $342,915, is provided from previously issued
Certificate of Obligation Bonds and is currently available in the Capital Improvement Fund. This is
less than the budgeted amount of $352,300.
Prosper is a place where everyone matters.
ENGINEERING
Item 10
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the standard professional services
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Professional Engineering Services Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Brown & Gay Engineers, Inc., and the
Town of Prosper, Texas, related to the Prosper Trail Elevated Storage Tank project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Brown & Gay Engineers, Inc., and the Town of Prosper, Texas, related to the Prosper
Trail Elevated Storage Tank project.
Item 10
Prosper Trail Elevated Storage Tank
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 1 OF 11
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND BROWN & GAY ENGINEERS, INC.
FOR THE PROSPER TRAIL ELEVATED STORAGE TANK PROJECT (0407-WA)
This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered
into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council
of said Town, hereinafter called “Town,” and Brown & Gay Engineers, Inc., a Texas corporation, acting
through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing
professional engineering services to Town. Town and Consultant when mentioned collectively shall be
referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the
Prosper Trail Elevated Storage Tank Project (0407-WA), hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its execution
by both Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform
such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as
if written word for word. All services provided by Consultant hereunder shall be performed in accordance
with the degree of care and skill ordinarily exercised under similar circumstances by competent members
of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement
shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement
may only be made by written agreement signed by all Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services
and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to
cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the
foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further
defined in any specific task orders, in a manner consistent with these task orders; however, the Town
understands and agrees that Consultant is retained to perform a professional service and such services
must be bound, first and foremost, by the principles of sound professional judgment and reasonable
diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory
completion of all services included in this Agreement a total fee of $342,915 (Three hundred and forty
two thousand, nine hundred and fifteen dollars) for the Project as set forth and described in Exhibit B -
Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be
billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly
based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies,
scans, sub-consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per
month. These statements will be based upon Consultant's actual services performed and reimbursable
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 2 OF 11
expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted
by Consultant to Town shall be reasonably itemized to show the amount of work performed during that
period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's
invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services
until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory
as reasonably determined by Town or which is not submitted in compliance with the terms of this
Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in
excess of the original proposed amount unless Town shall have approved in writing in advance (prior to
the performance of additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special
Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii)
when needed, assist Consultant in obtaining access to properties necessary for performance of
Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v)
respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use,
without independent verification and without liability, all information and services provided by Town or
Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and
receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and
documents prepared or assembled by Consultant under this Agreement and that Town may use them
without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not
relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports,
drawings, specifications and all other pertinent information for the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town
has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or
consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no
reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in
Engineer’s costs occasioned by such substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force
throughout the duration of this Agreement applicable insurance policies as described in Exhibit C -
Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit
to Town proof of such insurance prior to commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO
RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST
LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT
NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION),
WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS
BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 3 OF 11
OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES,
INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH
REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY
NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON
A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY
SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT
PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
10. Notices. Any notices to be given hereunder by either Party to the other may be affected
either by personal delivery, in writing, or by registered or certified mail to the following addresses:
Brown & Gay Engineers, Inc.
William D. Dillon, PE
Executive Vice President
2595 Dallas Parkway, suite 204
Frisco, TX 75034
Town of Prosper
Harlan Jefferson
Town Manager
121 W. Broadway
PO Box 307
Prosper, TX 75078
11. Termination. The obligation to provide further services under this Agreement may be
terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by
Town, Consultant shall be entitled to payment for services rendered through receipt of the termination
notice.
12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or
benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties.
Oral modifications to this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or
delegate their duties without the written consent of the other Party. This Agreement is binding on Town
and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal
liability on the part of any Town officer, employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be
construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure
to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any
provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void,
and this Agreement shall be construed as if such provision had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest
requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and
incorporated herein as if written word for word, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands
and agrees that the existence of a prohibited interest during the term of this Agreement will render the
Agreement voidable.
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 4 OF 11
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter
176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful
representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached
hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for
word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper,
Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of
this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree
to submit such disagreement to non-binding mediation.
18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding
to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable
costs and attorney’s fees on any appeal).
19. Signatories. Town warrants and represents that the individual executing this Agreement
on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant
warrants and represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind Consultant to same.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
_______ day of _______________________, 20____.
BROWN & GAY ENGINEERS, INC.
By:
Signature
William D. Dillon
Printed Name
Executive Vice President
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Harlan Jefferson
Printed Name
Town Manager
Title
Date
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 5 OF 11
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND BROWN & GAY ENGINEERS, INC.
FOR THE PROSPER TRAIL ELEVATED STORAGE TANK PROJECT (0407-WA)
I. PROJECT DESCRIPTION
Design of a 2.0 million gallon composite elevated water storage tank, on an approximately 2 acre site, that
includes platting, site work, paving, drainage, site utilities, overflow piping, connection to distribution
system including pipe sizing. Other services include construction administration and inspections for steel
erection and coatings observation.
II. TASK SUMMARY
Task 1 – Preliminary Engineering.
This Task will include the following: Pre-design conference, site and topographical survey, geotechnical
investigation, FAA obstruction light requirements, subsurface utility investigation, preparation of
preliminary engineering plans including all Town required submittals and preliminary design review
workshop. The plans will include the following elements: Cover sheet with location map, general notes,
site plan, tree survey, grading plan, paving plan, water line plan and profile, tank elevation and details,
drainage area map, drainage calculations, storm drain plan and profile (if needed), tank elevation and
details, landscape plan and details, irrigation plan and details, electrical plans and details. This will include
a preliminary opinion of probable construction cost.
Task 2 – Final Engineering.
This task will include the following: Incorporation of comments from the preliminary design review
workshop, and all Town required submittals into the plans, and development of final engineering plans
and specifications for review by the Town. This will include a final opinion of probable construction cost
and final engineering design review workshop. The plans will include the following elements: Cover sheet
with location map, general notes, site plan, tree survey, grading plan, paving plan, water line plan and
profile, tank elevation and details, drainage area map, drainage calculations, storm drain plan and profile
(if needed), tank elevation and details, structural details, landscape plan and details, irrigation plan and
details, electrical plans and details, traffic control plan, erosion control plan and Town standard details.
This task will also include submittal to the TCEQ and the FAA.
Task 3 – Bidding.
This task will include providing bid documents to the Town, selling bid documents to bidders at our office,
answering RFI’s during bidding as directed by Town and providing documents for Addenda to Town if
necessary. Costs for any reproduction of bid documents will be covered by the sale of bid documents.
Task 4 – Platting.
This tasks includes preparing preliminary and final plats and submittal to the Town per the procedures
prescribed in the Town of Prosper Development Manual.
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 6 OF 11
Task 5 – Construction Administration & Inspection.
This task includes two activities: General project representation and specialty construction inspection.
The general project representation will include the following: Pre-construction conference, construction
control staking, periodic observations (12) and submittal reviews. Review and issuance of documents to
Town for field orders, work change directives and change orders and maintain submittal log if required.
The specialty inspection services will include inspections of the steel erection and coatings application.
The steel erection inspection includes up to one shop visit and 8 site visits during welding operations. The
coatings inspections will include almost daily onsite inspections during coating operations. All inspection
reports will be provided to the Town in electronic format.
Task 6 – Record Drawings.
This task includes preparation of record drawings by incorporating Contractor’s redlines and any issued
Field Orders, Change Orders and other documented changes, into the plans.
III. DELIVERABLES
Task 1 – Preliminary Engineering Three (3) 11x17 blackline preliminary plans
Two (2) copies of geotechnical report
One (1) Preliminary OPCC
PDF copy of each of the above
Task 2 – Final Engineering Three (3) 11x17 blackline final plans
One (1) Final OPCC
PDF copy of each of the above
Task 3 – Bidding Three (3) 11x17 blackline final plans
Three (3) Project Manuals
One (1) Engineer’s OPCC
PDF copy each of the above
Task 4 – Platting One (1) 11x17 blackline preliminary plat
Six (6) 22x34 blackline preliminary plat
One (1) CD of PDF and DWG files of the above
One (1) 11x17 blackline final plat
Six (6) 22x34 blackline final plat
One (1) CD of PDF and DWG files of the above
Task 5 – Construction Admin & Inspection Submittal Log (if required)
Copies of all inspection reports
Copies of all issued directives (Field Orders, Change
Orders, etc.)
Task 6 – Record Drawings One (1) 22x34 bond copy of the record drawings
One (1) 22x34 mylar copy of the record drawings
One (1) PDF copy of each sheet of the record drawings
One (1) DWG of the record drawings base map
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 7 OF 11
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND BROWN & GAY ENGINEERS, INC.
FOR THE PROSPER TRAIL ELEVATED STORAGE TANK PROJECT (0407-WA)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed June 1, 2015
Task 1 – Preliminary Engineering August, 2015 $149,960
Task 2 – Final Engineering Oct, 2015 $113,090
Task 3 – Bidding Nov, 2015 $8,405
Task 4 – Platting Aug, 2015 $8,280
Task 5 – Construction Admin & Inspection Jan2016–May2017 $53,530
Task 6 – Record Drawings June 2017 $9,650
Total Compensation $342,915
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Preliminary Engineering $149,960
Task 2 – Final Engineering $113,090
Task 3 – Bidding $8,405
Task 4 – Platting $8,280
Task 5 – Construction Administration & Inspection Special Services
Task 6 – Record Drawings $9,650
Total Basic Services: $289,385
Special Services (Hourly Not-to-Exceed) Amount
Construction Administration $18,530
Construction Inspection (Steel & Coatings) $35,000
Total Special Services: $53,530
Direct Expenses Amount
None $0
Total Direct Expenses: $0
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 8 OF 11
EXHIBIT C
INSURANCE REQUIREMENTS
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND BROWN & GAY ENGINEERS, INC.
FOR THE PROSPER TRAIL ELEVATED STORAGE TANK PROJECT (0407-WA)
I. COMMON REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be borne by Consultant. Consultant shall declare any deductible or self-insured retentions
in excess of Ten Thousand Dollars ($10,000) for approval by the Town.
Consultant shall maintain insurance policies with a company that maintains a financial strength rating of
“A- VI” or greater by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), and is
authorized to transact business in the State of Texas. A certificate of insurance meeting all requirements
and provisions outlined herein shall be provided to Town prior to any services being performed or
rendered. Renewal certificates shall also be supplied upon expiration.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after
30 days written notice to Town for all occurrences, except 10 days written notice to Town for non-
payment.
II. GENERAL LIABILITY INSURANCE
Consultant shall maintain a general liability insurance policy in an amount not less than One Million
Dollars ($1,000,000) for each occurrence, and Two Million Dollars ($2,000,000) in the aggregate for
third-party bodily injury, personal injury, and property damage. Policy will include coverage for
premises/operations, broad form contractual liability, products and completed operations, personal injury,
and broad form property damage.
Town, its officers, officials, employees and volunteers are to be added as “Additional Insured’s” relative
to liability arising out of activities performed by or on behalf of Consultant, products and completed
operations of Consultant, premises owned, occupied or used by consultant. The coverage shall contain no
special limitations on the scope of protection afforded to Town, its officers, officials, employees or
volunteers.
Consultant's insurance coverage shall be primary insurance in respects to Town, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by Town, its officers, officials,
employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policy shall not affect coverage provided to Town,
its officers, officials, employees or volunteers.
Item 10
PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 9 OF 11
Consultant’s insurance shall apply separately to each insured against whom the claim is made or suit is
brought, except to the insured’s limits of liability.
III. AUTOMOBILE LIABILITY
Consultant shall maintain an automobile liability policy in an amount not less than Five Hundred
Thousand Dollars ($500,000) combined single limit. Automobile liability shall apply to all owned, hired,
and non-owned autos that will be used under this Agreement.
III. PROFESSIONAL LIABILITY
Consultant shall maintain a professional liability (errors and omissions) insurance policy in an amount not
less than One Million Dollars ($1,000,000) for each claim, and Two Million Dollars ($2,000,000) in the
aggregate. A “claims made” policy is acceptable coverage which must be maintained during the course
of the Project, and up to two (2) years after completion and acceptance of the Project by Town.
IV. WORKERS COMPENSATION
Consultant shall maintain all Statutory Workers Compensation Insurance as required by the laws of the
State of Texas. The insurer shall agree to waive all rights of subrogation against Town, its officers,
officials, employees and volunteers for losses arising from work performed by Consultant for the Project.
V. OTHER INSURANCE REQUIREMENTS
Umbrella coverage or excess liability coverage is / X is not required. If Project size and scope warrant,
and if required by this section, Consultant shall maintain an umbrella coverage or excess liability coverage
insurance policy in an amount of Two Million Dollars ($2,000,000).
XCU coverage is / X is not required. If Project scope warrants, and if required by this section,
Consultant shall maintain XCU coverage not less than One Million Dollars ($1,000,000) for each
occurrence, and Two Million Dollars ($2,000,000) in the aggregate.
Item 10
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Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 9, 2015
Agenda Item:
Consider and act upon the appointment of a Town of Prosper representative to the Board of
Directors of the Upper Trinity Regional Water District.
Description of Agenda Item:
This items was tabled at the May 26, 2015, Town Council Meeting for further discussion by
Council. The Upper Trinity Regional Water District (UTRWD) is a conservation district, created
by the State of Texas in 1989 to provide towns, cities, and utilities with a long-term water supply.
UTRWD is authorized to provide water, wastewater, solid waste, and storm water services.
The boundaries of UTRWD include all of Denton County, plus some portions of Collin and
Dallas counties. The District is composed of 25 member entities (21 cities and towns, 1 utility
authority, and 3 special districts). The District is governed by a Board of Directors appointed by
the governing bodies of Denton County and the District’s member entities. Denton County
appoints two Directors and each member entity, including Prosper, appoints one Director. Each
Director is appointed for a four-year term.
George Dupont has been Prosper’s representative on the UTRWD Board of Directors since
2011. His term expired on May 31, 2015, but he may continue to serve until the Town Council
appoints a new Director.
Town Staff Recommendation:
Town staff recommends the Town Council appoint a Town of Prosper representative to the
Board of Directors of the Upper Trinity Regional Water District.
Proposed Motion:
I move to appoint _________________ as the Town of Prosper representative to the Board of
Directors of the Upper Trinity Regional Water District.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 13