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06.24.25 Town Council Regular Meeting PacketPage 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Recognition regarding the 1,000 Miles Mayor's Challenge with the Town of Little Elm. (TH) 2. Recognition of the inaugural 2025 Mayor's Teen Government Academy. (TR) 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. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, June 24, 2025 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes of the June 10, 2025, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes of the June 10, 2025, Town Council Regular meeting. (MLS) 5. Consider and act upon the minutes of the June 11, 2025, Town Council, Economic Development Corporation, and Planning and Zoning Commission Joint Work Session meeting. (MLS) 6. Consider and act upon canceling the July 8, 2025, Town Council Work Session and Regular meeting. (MLS) 7. Consider acceptance of the May monthly financial report for fiscal year 2025. (CL) 8. Consider and act upon authorizing the Town Manager to execute an audit engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper, Texas, related to the fiscal year 2025 annual audit. (CL) 9. Consider and act upon authorizing the Town Manager to execute a contract between TDC2, L.L.C., and the Town of Prosper, Texas, related to relocating the fiber network infrastructure located on the Public Works site in an amount not to exceed $76,621. (LJ) 10. Consider and act upon authorizing the Town Manager to execute a contract between Astound Business Solutions and the Town of Prosper, Texas, related to establishing fiber network connectivity from Town Hall to Fire Station 4. (LJ) 11. Consider and act upon a contract between the Town of Prosper and ZapStand, LLC for the equipment lease, installation, maintenance, and management of four emergency kiosks with AEDs to be placed in Frontier, Lakewood, and Raymond Community Parks. (DB) 12. Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and PPP 100 DEV LLC, for the Park Place Phase 1 development. (DB) 13. Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Prosper Park Place 2, LLC, for the Park Place Phase 2 development. (DB) 14. Consider and act upon a upon a resolution calling for a Public Hearing on Tuesday, August 12, 2025, on the Water, Wastewater, & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. (DLH) 15. Consider and act upon authorizing the Town Manager to enter into an agreement with Mels Electric LLC, related to the construction of a temporary and a permanent traffic signal at the intersection of First Street and Legacy Drive for $691,566. (RG) 16. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Service Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Craig Street Elevated Storage Tank Rehabilitation project for $368,950. (PA) Page 2 Page 3 of 4 17. Conduct a Public Hearing and consider and act upon a request for a Planned Development to create two single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street. (ZONE-24-0002) (DH) 18. Consider and act upon a request for a Waiver for Lot Frontage on Frontier South, Block A, Lot 3, on 1.7± acres, located on the west side of Preston Road and 500± feet north of Coleman Street. (WAIV-25-0003) (DH) 19. Consider and act upon a request for a Waiver for Lot Frontage on Victory at Frontier, Block A, Lots 3 and 9, on 13.3± acres, located on the south side of Frontier Parkway and 345± feet west of Preston Road. (WAIV-25-0001) (DH) 20. Consider and act upon whether to direct staff to submit a written notice of appeals 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 Preliminary Site Plans and Site Plans. (DH) 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 Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 21. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 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: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Secion 551.071 - To consult with the Town Attorney regarding legal advice relative to historical uses and historical designations of property in the Town, and all matters incident and related thereto. Page 3 Page 4 of 4 Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement and law enforcement activities and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, Downtown Advisory Committee and the Bond Committee, and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, June 20, 2025, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice 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. 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 -1073 at least 48 hours prior to the meeting time. Page 4 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:02 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Craig Andres Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Jessica Hille, Records Management Specialist Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Larenz Taylor, Management Anaylst Hulon Webb, Director of Engineering Carrie Jones, Public Works Director Chris Landrum, Finance Director David Hoover, Development Services Director Leigh Johnson, IT Director Todd Rice, Communications Director Stuart Blasingame, Fire Chief Items for Individual Consideration: 1. Receive an update and discussion on major transportation projects managed by the North Texas Tollway Authority (NTTA) and the Texas Department of Transportation (TxDOT). (HW) Brian SanFilippo, Project Communications Manager with NTTA presented an update regarding the 4A Project (US 380 to FM 428) and the Dallas North Tollway (DNT). The anticipated opening for travel was noted Fall 2027. The Town Council discussed where along the project would have elevated lanes, how far north the project goes, communication of closures, signal timing, and site maintenance. Robert Rodriguez Puente, Project Manager with TxDOT presented an update regarding projects along US 380 in regard to the medians, signals, and bridge decks, as well as the Dallas North Tollway (DNT) project. The anticipated opening of all lanes was noted December 2025. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, June 10, 2025 Page 5 Item 3. Page 2 of 2 The Town Council discussed timeline of the projects, site maintenance especially at exit and entry ramps, roadway signage, and communication of closures. 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: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. The Town Council recessed into Executive Session at 5:39 p.m. Reconvene into Work Session. The Town Council reconvened into the Work Session at 6:18 p.m. No action was taken. Adjourn. The meeting was adjourned at 6:19 p.m. These minutes were approved on the 24th day of June 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 3. Page 1 of 6 ] Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Jessica Hille, Records Management Specialist Larenz Taylor, Management Analyst David Hoover, Development Services Director Suzanne Porter, Planning Manager Dan Baker, Parks and Recreation Director Chris Landrum, Finance Director Carrie Jones, Public Works Director Ryan Pasko, Help Desk Technician II Hulon Webb, Engineering Director Pete Anaya, Assistant Engineering Director, Capital Projects Todd Rice, Communications Director Stuart Blasingame, Fire Chief Doug Kowalski, Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Brian Holt with Rock Creek Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Reeves made the following announcements: The annual Pride in the Sky Independence Day Celebration held by Cedarbrook Media will take place on Tuesday, July 1 at Frontier Park. Festivities begin at 5:00 p.m. and will include live music, Kid Zones, food, games, and fireworks set to music. Come out for a night of celebration and fun. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, June 10, 2025 Page 7 Item 4. Page 2 of 6 Registration is open for the Citizens Fire Academy. Classes will run for 10 weeks, every Thursday evening from 6:30 to 9:00 p.m. starting Thursday, August 1. Residents may register by visiting prospertx.gov/citizensfireacademy. The deadline for registering is July 11 with limited space available. A reminder that Town Hall Offices will be closed on Friday, July 4 for the Independence Day Holiday. There will be no delays in trash services, and they will run as normally scheduled. Presentations. 1. Presentation from the Prosper Chamber of Commerce recognizing the inaugural class of Leadership Prosper. (MLS) Tracy Heckel, Executive Director with the Prosper Chamber of Commerce, presented an overview of the Leadership Prosper Program and recognized the individuals who participated in the inaugural class. Mayor Bristol thanked Ms. Heckel for her leading the program and congratulated all the graduating members. 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. 2. Consider and act upon the minutes of the May 27, 2025, Town Council Regular meeting. (MLS) 3. Consider and act upon a contract between Mosquito Management Services and the Town of Prosper for mosquito mitigation/testing in the amount of $75,595 and authorize the Town Manager to execute documents for same. (DH) 4. Consider and act upon approving a purchase with Fuquay, Inc., to rehabilitate 15 wastewater manholes for $222,268 and authorizing the Town Manager to execute documents for same. (CJ) 5. Consider and act upon authorizing the Town Manager to execute a Construction Agreement between the Town of Prosper and Turf Concepts, LLC. for provision and installation of artificial turf in the Downtown Plaza for $64,725. (DB) 6. Consider and act upon Ordinance 2025-20 abandoning a portion of Coleman Street prescriptive right-of-way, located south of First Street, beginning at a point approximately 300 feet south of First Street and extending south approximately 1,600 feet to the intersection with Lovers Lane. (HW) 7. Consider and act upon Ordinance 2025-21 abandoning a portion of Good Hope Road prescriptive right-of-way, beginning at Berylline Lane and extending northeast approximately 800 feet to a point approximately 50 feet north of Kinglet Court. (HW) 8. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2025-08-B to J&L Construction, LLC, related to the FM 1461 12-inch Water Line Relocation project, for $4,085,802.90 and authorize Page 8 Item 4. Page 3 of 6 $400,000 for construction phase contingencies. The total purchase order amount is $4,485,802.90. (PA) 9. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Raba Kistner, Inc., and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the FM 1461 12-inch Water Line Relocation project for $63,020. (PA) 10. Consider and act upon whether to direct staff to submit a written notice of appeals 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 Preliminary Site Plans and Site Plans. (DH) Councilmember Ray requested to pull item 3. Mayor Pro-Tem Bartley made a motion to approve consent agenda items 2 and 4 through 10. Councilmember Reeves seconded the motion. Motion carried unanimously. Agenda Item 3, Councilmember Ray asked for clarification regarding the cost, and concerns with areas under construction, drainage ditches, having eco-friendly options, and using dirt as filler in areas to reduce chances of standing water. Councilmember Ray made a motion to approve consent agenda item 3. Councilmember Hodges seconded the motion. Motion carried unanimously. CITIZEN COMMENTS Mayor Bristol read the following comments into the record received from Rudy Medina, 15900 Gladewater Ter. Mr. Medina stated he is requesting a traffic light for the Artesia Subdivision for entry/exit into Richland High School to control the flow of traffic and enhance safety for drivers, pedestrians, and cyclists. Michelle Bishop, District Director with Congressman Self’s Office, presented and noted programs offered through their office, upcoming events, and location of the district offices. Items for Individual Consideration: 11. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, Waterworks and Sewer System Revenue Bonds, Series 2025", including the adoption of Ordinance 2025-23 authorizing the issuance of such bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (CL) Mr. Landrum presented noting that if approved, the issuance of such bonds would be to fund the Doe Branch expansion and parallel interceptor, as well as the Parks and Public Works service center. Town staff recommend approval. Mayor Pro-Tem Bartley made a motion to approve Ordinance 2025-23 authorizing the issuance and sale of “Town of Prosper, Texas, Waterworks and Sewer System Revenue Bonds, Series 2025” and approving all other matters related thereto. Deputy Mayor Pro-Tem Kern seconded the motion. Motion carried unanimously. Page 9 Item 4. Page 4 of 6 12. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, General Obligation Refunding and Improvement Bonds, Series 2025", including the adoption Ordinance 2025-24 authorizing the issuance of such bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (CL) Mr. Landrum presented noting that if approved, the issuance of such bonds would be used to fund planned capital projects for streets, roads, bridges, and intersections. The amount shall not exceed $19,450,000. Town staff recommend approval. Mayor Bristol asked about interest percentage rates and timeframe of final maturity. Mr. Landrum noted for most interest rates are four to five percent, and there are some at three and a half percent. Mayor Bristol commented that the timeframe for the bonds has been nine to ten years. Jason Hughes with Hilltop Securities, the Town’s Financial Advisor, explained that some were created with shorter timeframes due to the cost and/or penalties. Councilmember Hodges made a motion to approve Ordinance 2025-24 authorizing the issuance and sale of "Town of Prosper, Texas, General Obligation Refunding and Improvement Bonds, Series 2025" and approve all other matters related thereto. Councilmember Ray seconded the motion. Motion carried unanimously. 13. Consider and act upon a Professional Services Agreement between Emergifire, LLC., and the Town of Prosper to implement a program to charge mitigation rates for the deployment of emergency and non-emergency services provided by Prosper Fire Rescue. (SB) Chief Blasingame presented this item stating that Emergicon currently does the Emergency Medical Services (EMS) billing. This agreement would allow the Town to facilitate cost recovery for emergency response incidents. Emergifire under the umbrella of Emergicon exclusively bills insurance providers with no direct billing to residents or businesses. The provider services many municipalities in the DFW area including McKinney, Anna, and Celina. Town staff recommend approval. The Town Council discussed whether the monies collected had to be used on specific items and if it is only for commercial properties. It was noted that the monies can be used towards any future use(s) and would be for residential and commercial properties. Councilmember Ray made a motion to approve a Professional Services Agreement between Emergifire, LLC., and the Town of Prosper to implement a program to charge mitigation rates for the deployment of emergency and non-emergency services provided by Prosper Fire Rescue. Councilmember Andres seconded the motion. Motion carried unanimously. 14. Consider and act upon Ordinance 2025-22 amending Chapter 5.05 of the Towns Code of Ordinances, by repealing existing Article 5.05, “Hazardous Materials Incident Response,” and replacing it with a new Article 5.05 “Mitigation Rates for Emergency and Non-Emergency Services,” amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding a new section XXIII, “Fire Department Mitigation Rates,” of Appendix A, “Fee Schedule,” to this Code of Ordinances. (SB) Chief Blasingame presented this item indicating that if approved, the ordinance would allow the Town to recover costs associated with emergency response incidents by Page 10 Item 4. Page 5 of 6 exclusively billing insurance providers with no direct billing to residents or businesses and utilizes a fee schedule that reflects FEMA rates and the national industry average collection rates. Town staff recommend approval. Mayor Pro-Tem Bartley made a motion to approve Ordinance 2025-22 amending Chapter 5.05 of the Towns Code of Ordinances, by repealing existing Article 5.05, “Hazardous Materials Incident Response,” and replacing it with a new Article 5.05 “Mitigation Rates for Emergency and Non-Emergency Services,” amending Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances by adding a new section XXIII, “Fire Department Mitigation Rates,” of Appendix A, “Fee Schedule,” to this Code of Ordinances. Councilmember Reeves seconded the motion. Motion carried unanimously. 15. Discuss and consider Town Council Subcommittee reports. (DFB) Legislative Subcommittee: Mayor Bristol noted that they were successful in the pursuit of several items, but not all. He thanked all those who assisted and were involved in the process. Bond Committee: Mayor Pro-Tem Bartley noted they have continued discussions on the possible projects. The committee will be presenting their recommendations at the second meeting in July. Downtown Advisory Committee: Councilmember Reeves noted the Downtown Plaza is progressing and they had an extensive discussion on parking. Councilmember Ray noted after further review of the Downtown Master Plan and help from staff, the committee is continuing to determine what items are more critical to address in the short term. Community Engagement Committee: Councilmember Hodges noted the committee received a recap on the Mayor’s Youth Advisory Council (MYAC) applications and ways for the MYAC to engage and interact with each other. The committee also discussed recent and upcoming events and partnering with a non-profit for a school supply drive. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Mayor Bristol requested information on Prosper Youth Sports including how the Town monitors the programs and engages with them, along with the scheduling, use, and maintenance within the parks. 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: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Page 11 Item 4. Page 6 of 6 Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement and law enforcement activities, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:11 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 8:20 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:20 p.m. These minutes were approved on the 24th day of June 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 12 Item 4. Page 1 of 2 ] Town Council Call to Order/Roll Call. Mayor Bristol called the meeting to order at 5:05 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Craig Andres Councilmember Jeff Hodges Councilmember Cameron Reeves Council Members Absent: Councilmember Marcus Ray Economic Development Corporation Call to Order / Roll Call. Board Member Smith called the meeting to order at 5:06 p.m. Economic Development Corporation Board of Directors Present: Board Member Ray Smith Board Member Don Perry Board Member David F. Bristol Board Member Jeffrey Yates Board Member Grant Mendeljian Economic Development Corporation Board of Directors Absent: President David Blom Vice-President Chad Gilliland Planning and Zoning Commission Call to Order/Roll Call. Chair Daniel called the meeting to order at 5:04 p.m. Planning and Zoning Commission Members Present: Chair Brandon Daniel Commissioner Sekou Harris Commissioner Matt Furay Commissioner John Hamilton Commissioner Josh Carson Commissioner Glen Blanscet Planning and Zoning Commission Members Absent: Vice-Chair Damon Jackson attended remotely Staff Members Present: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager MINUTES Prosper Town Council, EDC, and P&Z Joint Work Session Central Fire Station – Training Room 911 Safety Way, Prosper, Texas Wednesday, June11, 2025 Page 13 Item 5. Page 2 of 2 Robyn Battle, Executive Director Michelle Lewis Sirianni, Town Secretary Mary Ann Moon, Economic Development Executive Director David Hoover, Development Services Director Hulon Webb, Director of Engineering Dan Heischman, Assistant Director of Engineering, Development Items for Individual Consideration: 1. Discussion related to the future planning and development of primary corridors located in the Town of Prosper. (MC) Mayor Bristol welcomed everyone in attendance and commented that the Town Council wanted to bring both the EDC Board of Directors and the P&Z Commissioners together to discuss the item, provide feedback, and allow everyone to be on the same page moving forward. Mr. Canizares added that no action will be taken and this is simply an informational sharing discussion. The consultant presented an overview of the contents that has been compiled thus far within the Visioning Plan which included the existing zoning, current commercial areas, the framework on moving forward, the challenges and opportunies in implementation, and defining areas of priority. The EDC Board of Directors and P&Z Commissioners commented on the Plan noting support for the variety and options within the plan to provide guidance, continuation of working with the landowners, and developing the area for the residents and citizens keeping the tax base in mind. Landowners and developers in attendance asked questions regarding the base zoning of owned areas, connectivity, and timing of completion of the Visioning Plan. Mr. Canizares commented that the Plan is to provide a high-level view of what the Town would like in the primary corridors and this is providing a framework to be used by town staff as items come forward. The next steps is to share this information with the development community. Adjourn. The meeting was adjourned at 6:59 p.m. These minutes were approved on the 24th day of June 2025. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 14 Item 5. Page 1 of 1 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Canceling July 8 Work Session & Regular Meeting Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon canceling the July 8, 2025, Town Council Work Session and Regular meeting. Description of Agenda Item: Due to the Independence Day holiday falling on a Friday this year, and the Town’s Pride in the Sky event taking place during the same week, it is recommended that these meetings be canceled. Town staff have reviewed upcoming agenda items and confirmed that there are no items requiring action on this date or prior to the second meeting in July scheduled for Tuesday, July 22, 2025. Town Staff Recommendation: Town Staff recommends the Town Council approve canceling the July 8, 2025, Town Council Work Session and Regular meeting. Proposed Motion: I move to approve canceling the July 8, 2025, Town Council Work Session and Regular meeting. TOWN SECRETARY Page 15 Item 6. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Consider acceptance of the May Monthly Financial Report for Fiscal Year 2025 (CL) Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the May monthly financial report for fiscal year 2025. (CL) Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges, except where otherwise noted in the financial statements. The attached monthly financial report for fiscal year 2025 were put in a new order to better align with the fund types (governmental, business-type, multi-year, etc.). Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – May 31, 2025 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period of May for fiscal year 2025 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the May Monthly Financial Report for Fiscal Year 2025 in compliance with charter requirements. FINANCE Page 16 Item 7. MONTHLY FINANCIAL REPORT as of May 31, 2025 Cash/Budgetary Basis Prepared by Finance Department June 24, 2025 Page 17 Item 7. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 2025 Table of Contents General Fund 3 General Fund Charts 4 - 6 Debt Service Fund 7 East Thoroughfare Impact Fees Fund 8 West Thoroughfare Impact Fees Fund 9 Water Impact Fees Fund 10 Wastewater Impact Fees Fund 11 Impact Fee Chart 12 TIRZ #1 - Blue Star 13 TIRZ #2 14 Crime Control and Prevention Special Purpose District 15 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 16 Park Dedication and Improvement Fund 17 Special Revenue Fund 18 Hotel Occupancy Tax Fund 19 Water-Sewer Fund 20 - 21 Water-Sewer Fund Charts 22 - 24 Storm Drainage Utility Fund 25 Solid Waste Fund 26 Vehicle and Equipment Replacement Fund 27 Health Insurance Fund 28 Capital Projects Fund-General 29 - 31 Capital Projects Fund-Water/Sewer 32 Page 18 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 23,332,018$ -$ 23,332,018$ 22,668,506$ -$ 663,512$ 97%1 20,264,890$ 12% Sales Taxes 12,903,535 - 12,903,535 7,624,422 - 5,279,113 59%7,564,140 1% Franchise Fees 3,334,932 - 3,334,932 2,209,655 - 1,125,277 66%2 1,968,044 12% Building Permits 3,700,000 - 3,700,000 2,156,026 - 1,543,974 58%3,002,844 -28% Other Licenses, Fees & Permits 2,290,520 - 2,290,520 1,303,104 - 987,416 57%1,271,751 2% Charges for Services 1,342,523 - 1,342,523 1,174,537 - 167,986 87%939,024 25% Fines & Warrants 352,050 - 352,050 362,226 - (10,176) 103%283,665 28% Intergovernmental Revenue (Grants)611,781 - 611,781 22,131 - 589,650 4%42,331 -48% Interest Income 950,000 - 950,000 467,665 - 482,335 49%695,930 -33% Miscellaneous 144,351 - 144,351 167,004 - (22,653) 116%158,458 5% Park Fees 767,400 - 767,400 432,773 - 334,627 56%442,975 -2% Transfers In 1,478,696 - 1,478,696 985,797 - 492,899 67%864,735 14% Total Revenues 51,207,806$ -$ 51,207,806$ 39,573,848$ -$ 11,633,958$ 77%37,498,786$ 6% EXPENDITURES Administration 10,928,574$ -$ 10,928,574$ 7,217,846$ 543,974$ 3,166,754$ 71%6,813,978$ 6% Police 11,538,858 - 11,538,858 8,258,785 325,075 2,954,998 74%6,429,246 28% Fire/EMS 10,379,914 - 10,379,914 7,681,022 169,166 2,529,727 76%7,129,850 8% Public Works 5,108,876 - 5,108,876 2,521,475 795,980 1,791,421 65%2,078,198 21% Community Services 8,170,637 - 8,170,637 4,788,311 829,239 2,553,087 69%4,357,789 10% Development Services 4,119,971 - 4,119,971 2,550,374 203,542 1,366,055 67%2,113,633 21% Engineering 2,572,798 - 2,572,798 1,572,154 23,807 976,837 62%1,679,091 -6% Transfers Out - - - - - - 0%262,500 -100% Total Expenses 52,819,628$ -$ 52,819,628$ 34,589,968$ 2,890,783$ 15,338,878$ 71%30,864,286$ 12% REVENUE OVER (UNDER) EXPENDITURES (1,611,822)$ -$ (1,611,822)$ 4,983,880$ 6,634,501$ Beginning Fund Balance October 1 13,231,361 13,231,361 18,777,035 Ending Fund Balance 11,619,539$ 18,215,241$ 25,411,536$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Fund Balance Contingency per Charter and Reserve for FY25 = $10,750,376 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% GENERAL FUND Page 3 Page 19 Item 7. $22,668,506 $7,624,422 $2,209,655 $2,156,026 $20,264,890 $7,564,140 $1,968,044 $3,002,844 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 4 Page 20 Item 7. 97% 59% 66% 58%57% 87% 49% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Interest Income 0% 20% 40% 60% 80% 100% 120% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET Page 5 Page 21 Item 7. 0 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 20/21 FY 21/22 FY22/23 FY23/24 FY24/25 Page 6 Page 22 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ (16,066)$ -$ 91,066$ -21%3 207,598$ -108% Property Taxes-Current 18,113,251 - 18,113,251 17,889,261 - 223,990 99%1 15,011,792 19% Taxes-Penalties 40,000 - 40,000 46,179 - (6,179) 115%44,668 3% Interest Income 195,000 - 195,000 161,626 - 33,374 83%193,452 -16% Transfer In - - - - - - 0%- 0% Total Revenues 18,423,251$ -$ 18,423,251$ 18,081,001$ -$ 342,250$ 98%15,457,511$ 17% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 465 550 18,985 5%1,500 -69% 2014 GO Bond Payment 600,000 - 600,000 - - 600,000 0%- 0% 2015 GO Bond Payment 1,436,700 - 1,436,700 1,436,700 - - 100%1,365,700 5% 2015 CO Bond Payment 495,000 - 495,000 495,000 - - 100%475,000 4% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 105,000 - 105,000 105,000 - - 100%90,000 17% 2017 CO Debt Payment 480,000 - 480,000 480,000 - - 100%450,000 7% 2018 GO Debt Payment 160,000 - 160,000 160,000 - - 100%2 150,000 7% 2018 CO Debt Payment 520,000 - 520,000 520,000 - - 100%500,000 4% 2019 CO Debt Payment 549,266 - 549,266 549,266 - - 100%340,022 62% 2019 GO Debt Payment 170,000 - 170,000 170,000 - - 100%165,000 3% 2020 CO Debt Payment 430,000 - 430,000 430,000 - - 100%265,000 62% 2021 CO Debt Payment 265,000 - 265,000 265,000 - - 100%260,000 2% 2021 GO Debt Payment 1,355,000 - 1,355,000 1,355,000 - - 100%1,290,000 5% 2022 GO Debt Payment 1,020,000 - 1,020,000 1,020,000 - - 100%970,000 5% 2023 GO Debt Payment 1,055,000 - 1,055,000 1,055,000 - - 100% 2024 GO Debt Payment 2,100,000 - 2,100,000 2,100,000 - - 100% Bond Interest Expense 8,082,589 - 8,082,589 4,078,331 - 4,004,258 50%3,414,404 19% Total Expenditures 18,843,555$ -$ 18,843,555$ 14,219,761$ 550$ 4,623,243$ 75%9,736,625$ 46% REVENUE OVER (UNDER) EXPENDITURES (420,304)$ -$ (420,304)$ 3,861,240$ 5,720,885$ Beginning Fund Balance October 1 1,245,232 1,245,232 1,302,520 Ending Fund Balance Current Month 824,928$ 5,106,472$ 7,023,405$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. 3 Refunds for prior year delinquent property tax revenue have caused this to become negative. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% DEBT SERVICE FUND Page 7 Page 23 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,000,000$ -$ 1,000,000$ 822,051$ East Thoroughfare Other Revenue - - - - Interest Income 120,000 - 120,000 92,402 Total Revenues 1,120,000$ -$ 1,120,000$ 914,453$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)385,368$ 77,074$ -$ 77,074$ 77,074$ -$ -$ 308,294$ -$ Cambridge Park Estates 880,361 160,001 - 160,001 24,348 - 135,653 774,795 81,218 Total Developer Reimbursements 1,265,728$ 237,074$ -$ 237,074$ 101,422$ -$ 135,653$ 1,083,089$ 81,218$ Transfer to Capital Project Fund 1,820,000$ 2,500,000$ -$ 2,500,000$ 2,529,491$ (29,491)$ (709,491)$ Total Transfers Out 1,820,000$ 2,500,000$ -$ 2,500,000$ 2,529,491$ -$ (29,491)$ -$ (709,491)$ Total Expenditures 3,085,728$ 2,737,074$ -$ 2,737,074$ 2,630,912$ -$ 106,162$ 1,083,089$ (628,273)$ REVENUE OVER (UNDER) EXPENDITURES (1,617,074)$ (1,716,459)$ Beginning Fund Balance October 1 3,376,848 3,376,848 Ending Fund Balance Current Month 1,759,774$ 1,660,389$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 EAST THOROUGHFARE IMPACT FEES FUND Page 8 Page 24 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 2,705,605$ West Thoroughfare Other Revenue - - - - Interest Income 200,000 - 200,000 267,923 Total Revenues 4,700,000$ -$ 4,700,000$ 2,973,528$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 6,573,981$ -$ -$ -$ -$ -$ -$ 6,521,933$ 52,048$ Pk Place, Prosper Hills, Prosper Meadow 4,014,469 1,200,000 - 1,200,000 - - 1,200,000 - 4,014,469 Star Trail Developer Reimb 6,315,000 2,000,000 - 2,000,000 - - 2,000,000 5,635,232 679,768 Legacy Garden Developer Reimb 3,407,300 1,000,000 - 1,000,000 - - 1,000,000 485,648 2,921,652 DNT Frontier Retail 2,154,348 800,000 - 800,000 1,262,833 - (462,833) - 891,515 Westside Developer Reimb 156,016 86,548 - 86,548 - - 86,548 69,468 86,548 Total Developer Reimbursements 22,621,114$ 5,086,548$ -$ 5,086,548$ 1,262,833$ -$ 3,823,715$ 12,712,281$ 8,646,000$ Transfer to Capital Project Fund 5,000,000$ 5,000,000$ -$ 5,000,000$ 5,029,491$ (29,491)$ (29,491)$ Total Transfers Out 5,000,000$ 5,000,000$ -$ 5,000,000$ 5,029,491$ -$ (29,491)$ -$ (29,491)$ Total Expenditures 28,271,114$ 10,086,548$ -$ 10,086,548$ 6,292,323$ -$ 3,794,225$ 12,712,281$ 9,266,509$ REVENUE OVER (UNDER) EXPENDITURES (5,386,548)$ (3,318,796)$ Beginning Fund Balance October 1 9,564,029 9,564,029 Ending Fund Balance Current Month 4,177,481$ 6,245,233$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 WEST THOROUGHFARE IMPACT FEES FUND Page 9 Page 25 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 1,859,266$ Interest Income 290,000 - 290,000 232,778 Total Revenues 3,790,000$ -$ 3,790,000$ 2,092,044$ EXPENDITURES Developer Reimbursements DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ 237,916$ -$ (37,916)$ 54,252$ 51,374$ Star Trail 2,811,923 500,000 - 500,000 - - 500,000 2,399,731 412,192 Victory at Frontier 215,402 68,031 - 68,031 - - 68,031 168,869 46,533 Westside Developer Reimb 438,235 222,502 - 222,502 - - 222,502 215,733 222,502 Pk Place, Prosper Hills, Prosper Meadow 1,406,859 800,000 - 800,000 - - 800,000 - 1,406,859 Parks at Legacy Developer Reimb 594,140 - - - 270,739 - (270,739) 594,140 (270,739) Total Developer Reimbursements 5,810,101$ 1,790,533$ -$ 1,790,533$ 508,656$ -$ 1,281,877$ -$ 1,868,721$ Transfer to Capital Project Fund -$ 2,000,000$ -$ 2,000,000$ 2,007,309$ -$ (7,309)$ -$ Total Transfers Out -$ 2,000,000$ -$ 2,000,000$ 2,007,309$ -$ (7,309)$ -$ -$ Total Expenditures 5,810,101$ 3,790,533$ -$ 3,790,533$ 2,515,965$ -$ 1,274,568$ -$ 1,868,721$ REVENUE OVER (UNDER) EXPENDITURES (533)$ (423,921)$ Beginning Fund Balance October 1 7,882,804 7,882,804 Ending Fund Balance Current Month 7,882,271$ 7,458,883$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 WATER IMPACT FEES FUND Page 10 Page 26 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 915,386$ Interest Income 125,000 - 125,000 121,198 Upper Trinity Equity Fee 300,000 - 300,000 142,000 Total Revenues 2,425,000$ -$ 2,425,000$ 1,178,584$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 228,630$ 125,000$ -$ 125,000$ -$ -$ 125,000$ 103,630$ 125,000$ Brookhollow Developer Reimb 1,178,194 120,452 - 120,452 - - 120,452 1,057,742 120,452 All Storage Developer Reimb 204,180 150,000 - 150,000 - - 150,000 54,180 150,000 Legacy Garden Developer Reimb 274,438 63,274 - 63,274 5,464 - 57,810 211,164 57,810 Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169 Total Developer Reimbursements 2,071,611$ 558,726$ -$ 558,726$ 5,464$ -$ 553,262$ 1,426,716$ 639,431$ Transfer to Capital Project Fund 3,531,622$ 3,531,622$ -$ 3,531,622$ 3,538,931$ -$ (7,309)$ -$ (7,309)$ Total Transfers Out 3,531,622$ 3,531,622$ -$ 3,531,622$ 3,538,931$ -$ (7,309)$ -$ (7,309)$ Total Expenditures 5,603,233$ 4,090,348$ -$ 4,090,348$ 3,544,395$ -$ 545,953$ 1,426,716$ 632,122$ REVENUE OVER (UNDER) EXPENDITURES (1,665,348)$ (2,365,811)$ Beginning Fund Balance October 1 4,248,161 4,248,161 Ending Fund Balance Current Month 2,582,813$ 1,882,350$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 WASTEWATER IMPACT FEES FUND Page 11 Page 27 Item 7. EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER ANNUAL BUDGET $1,000,000 4,500,000 $3,500,000 $2,000,000 YTD ACTUAL $822,051 $2,705,605 $1,859,266 $915,386 % OF BUDGET 82%60%53%46% 82% 60% 53% 46% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 12 Page 28 Item 7. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 50,000$ -$ 50,000$ 233,915$ (183,915)$ 468%68,770$ 240% Wastewater Impact Fees 700,000 - 700,000 408,981 291,019 58%428,944 -5% East Thoroughfare Impact Fees 50,000 - 50,000 156,476 (106,476) 313%37,805 314% Property Taxes - Town (Current)1,269,687 - 1,269,687 1,256,338 13,349 99%1,108,174 13% Property Taxes - Town (Rollback)- - - 165,155 (165,155) 0%486,411 -66% Property Taxes - County (Current)268,202 - 268,202 265,382 2,820 99%231,790 14% Sales Taxes - Town 1,293,986 - 1,293,986 825,910 468,076 64%691,547 19% Sales Taxes - EDC 1,086,948 - 1,086,948 691,700 395,248 64%579,170 19% Interest Income 75,000 - 75,000 108,909 (33,909) 145%74,854 45% Transfer In - - - - - 0%- 0% Total Revenue 4,793,823$ -$ 4,793,823$ 4,112,767$ 681,056$ 86%3,707,464$ 11% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Reimbursement 4,787,823 - 4,787,823 - 4,787,823 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenses 4,793,823$ -$ 4,793,823$ -$ 4,793,823$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 4,112,767$ 3,707,464$ Beginning Fund Balance October 1 2,542,101 2,542,101 991,447 Ending Fund Balance Current Month 2,542,101$ 6,654,868$ 4,698,911$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% TIRZ #1 - BLUE STAR Page 13 Page 29 Item 7. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)117,783$ -$ 117,783$ 114,647$ 3,136$ 97%39,537$ 190% Property Taxes - Town (Rollback)- - - - - 0%44,560 -100% Property Taxes - County (Current)8,441 - 8,441 24,217 (15,776) 287%8,270 193% Sales Taxes - Town 2,000 - 2,000 1,129 871 56%3,482 -68% Sales Taxes - EDC 2,000 - 2,000 1,129 871 56%3,482 -68% Interest Income 1,500 - 1,500 2,007 (507) 134%1,763 14% Total Revenue 131,724$ -$ 131,724$ 143,128$ (11,404)$ 109%101,093$ 42% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Reimbursement 131,724 - 131,724 - 131,724 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 131,724$ -$ 131,724$ -$ 131,724$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 143,128$ 101,093$ Beginning Fund Balance October 1 25,751 25,751 25,650 Ending Fund Balance Current Month 25,751$ 168,879$ 126,743$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% Page 14 Page 30 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,478,456$ -$ 3,478,456$ 2,020,327$ -$ 1,458,129$ 58%2,013,076$ 0% Interest Income 1,200 - 1,200 5,754 - (4,554) 479%- 0% Other - - - - - -0%- 0% Total Revenue 3,479,656$ -$ 3,479,656$ 2,026,081$ -$ 1,453,575$ 58%2,013,076$ 1% EXPENDITURES Personnel 3,344,835$ -$ 3,344,835$ 1,561,152$ -$ 1,783,683$ 47%2,066,782$ -24% Other 1,200 - 1,200 1,357 - (157) 113%8,604 -84% Total Expenditures 3,346,035$ -$ 3,346,035$ 1,562,509$ -$ 1,783,526$ 47%2,075,386$ -25% REVENUE OVER (UNDER) EXPENDITURES 133,621$ -$ 133,621$ 463,572$ (62,310)$ Beginning Fund Balance October 1 398,065 398,065 422,055 Ending Fund Balance Current Month 531,686$ 861,637$ 359,745$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 15 Page 31 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,478,456$ -$ 3,478,456$ 2,038,217$ -$ 1,440,239$ 59%2,015,013$ 1% Interest Income 1,200 - 1,200 748 - 452 62%3,237 -77% Other - - - - - - 0%- 0% Total Revenue 3,479,656$ -$ 3,479,656$ 2,038,964$ -$ 1,440,692$ 59%2,018,251$ 1% EXPENDITURES Personnel 3,541,860$ -$ 3,541,860$ 1,974,905$ -$ 1,566,955$ 56%1,922,222$ 3% Other 2,400 - 2,400 1,357 - 1,043 57%8,604 -84% Total Expenditures 3,544,260$ -$ 3,544,260$ 1,976,262$ -$ 1,567,998$ 56%1,930,826$ 2% REVENUE OVER (UNDER) EXPENDITURES (64,604)$ -$ (64,604)$ 62,703$ 87,425$ Beginning Fund Balance October 1 382,940 382,940 455,295 Ending Fund Balance Current Month 318,336$ 445,643$ 542,720$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT Page 16 Page 32 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication Fees 600,000$ -$ 600,000$ 1,303,973$ -$ (703,973)$ 217%737,375$ 77% 60-4 Park Improvement Fees 800,000 - 800,000 1,097,000 - (297,000) 137%481,146 128% 60-4 Interest - Park Dedication 36,000 - 36,000 37,663 - (1,663) 105%21,812 73% 60-4 Interest - Park Improvement 38,000 - 38,000 16,380 - 21,620 43%30,733 -47% Contributions/Grants - - - - - - 0%- 0% Transfers In - - - - - - 0%- 0% Total Revenue 1,474,000$ -$ 1,474,000$ 2,455,015$ -$ (981,015)$ 167%1,271,067$ 93% EXPENDITURES Transfers Out - Park Dedication 1,810,050$ -$ 1,810,050$ 1,115,050$ -$ 695,000$ 62%-$ 0% Park Dedication - - - - - - 0%- 0% Transfers Out - Park Improvement 465,000 - 465,000 465,000 - - 100%- 0% Park Improvement 50,000 - 50,000 - 47,174 2,826 94%- 0% Total Expenditures 2,325,050$ -$ 2,325,050$ 1,580,050$ 47,174$ 697,826$ 70%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (851,050)$ -$ (851,050)$ 874,965$ 1,271,067$ Beginning Fund Balance October 1 1,232,192 1,232,192 2,316,978 Ending Fund Balance Current Month 381,142$ 2,107,157$ 3,588,045$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% PARK DEDICATION AND IMPROVEMENT FUNDS Page 17 Page 33 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Interest Income 52,550$ -$ 52,550$ 223,076$ -$ (170,526)$ 425%68,694$ 225% Interest Income CARES/ARPA Funds - - - - - - 0%107,223 -100% Police Donation Revenue 15,500 - 15,500 20,938 - (5,438) 135%12,257 71% Cash Seizure Forfeit - - - 3,064 - (3,064) 0%1,667 84% Fire Donation Revenue 15,500 - 15,500 11,023 - 4,477 71%13,191 -16% Child Safety Revenue 28,000 - 28,000 18,947 - 9,053 68%13,894 36% Court Technology Revenue 8,198 - 8,198 8,981 - (783) 110%6,973 29% Court Security Revenue 8,525 - 8,525 11,033 - (2,508) 129%8,446 31% Municipal Jury revenue - - - 292 - (292) 0%169 72% Tree Mitigation 300,000 - 300,000 37,800 - 262,200 13%105,014 -64% Escrow Income - - - - - - 0%167,514 -100% LEOSE Revenue 3,000 - 3,000 10,288 - (7,288) 343%8,756 18% Transfer In - - - - - - 0%- 0% Total Revenue 431,273$ -$ 431,273$ 345,442$ -$ 85,831$ 80%513,798$ -33% EXPENDITURES Police Donation Expense 5,000$ -$ 5,000$ 3,989$ -$ 1,011$ 80%333$ 1098% Police Seizure Expense 12,995 - 12,995 531 - 12,464 4%867 -39% Fire Donation Expense 10,000 - 10,000 33,702 - (23,702) 337%2,927 1052% Child Safety Expense 3,000 - 3,000 - - 3,000 0%264 -100% Court Technology Expense 10,000 - 10,000 - - 10,000 0%- 0% Court Security Expense 16,860 - 16,860 - - 16,860 0%- 0% Tree Mitigation Expense - - - - - - 0%- 0% LEOSE Expenditure 6,500 - 6,500 - - 6,500 0%3,955 -100% Transfer Out (Escrow Funds)1,150,000 - 1,150,000 1,650,000 - (500,000) 143%200,000 725% Total Expenses 1,214,355$ -$ 1,214,355$ 1,688,223$ -$ (473,868)$ 139%208,346$ 710% REVENUE OVER (UNDER) EXPENDITURES (783,082)$ -$ (783,082)$ (1,342,780)$ 305,452$ Beginning Fund Balance October 1 2,296,614 2,296,614 2,104,365 Ending Fund Balance Current Month 1,513,532$ 953,834$ 2,409,817$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% SPECIAL REVENUE FUNDS Page 18 Page 34 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Taxes 57,125$ -$ 57,125$ -$ -$ 57,125$ 0%-$ 0% Interest Income 2,000 - 2,000 - - 2,000 0%- 0% Other - - - - - - 0%- 0% Total Revenue 59,125$ -$ 59,125$ -$ -$ 59,125$ 0%-$ 0% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0% Development Agreement 28,563 - 28,563 - - 28,563 0%- 0% Other - - - - - - 0%- 0% Total Expenditures 28,563$ -$ 28,563$ -$ -$ 28,563$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 30,562$ -$ 30,562$ -$ -$ Beginning Fund Balance October 1 - - - Ending Fund Balance Current Month 30,562$ -$ -$ Notes The Town's first hotel is expected to open in May 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% HOTEL OCCUPANCY TAX FUND Page 19 Page 35 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 24,470,841$ -$ 24,470,841$ 12,096,097$ -$ 12,374,744$ 49%10,499,491$ 15% Sewer Charges for Services 14,674,289 - 14,674,289 9,040,380 - 5,633,909 62%7,394,369 22% Licenses, Fees & Permits 377,705 - 377,705 314,207 - 63,498 83%292,375 7% Utility Billing Penalties 186,900 - 186,900 166,124 - 20,776 89%149,367 11% Interest Income 510,000 - 510,000 341,585 - 168,415 67%352,954 -3% Other 3,224,690 - 3,224,690 457,916 - 2,766,774 14%510,109 -10% Transfer In - - - - - - 0 - 0% Total Revenues 43,444,425$ -$ 43,444,425$ 22,416,309$ -$ 21,028,116$ 52%19,198,666$ 17% EXPENDITURES Administration 1,063,187$ -$ 1,063,187$ 913,564$ 66,872$ 82,750$ 92%695,241$ 31% Debt Service 6,753,424 - 6,753,424 2,853,209 550 3,899,665 42%1 2,164,788 32% Water Purchases 13,563,295 - 13,563,295 8,882,771 - 4,680,525 65%7,692,961 15% Sewer Management Fee 5,270,599 - 5,270,599 4,121,349 - 1,149,250 78%3,375,564 22% Franchise Fee 1,136,854 - 1,136,854 757,903 - 378,951 67%459,901 65% Public Works 9,601,940 - 9,601,940 5,738,555 567,891 3,295,494 66%4,837,360 19% Transfer Out 1,218,340 - 1,218,340 880,467 - 337,873 72%5,264,138 -83% Total Expenses 38,607,639$ -$ 38,607,639$ 24,147,818$ 635,313$ 12,296,307$ 64%24,489,953$ -1% REVENUE OVER (UNDER) EXPENDITURES 4,836,786$ -$ 4,836,786$ (1,731,508)$ (5,291,287)$ Beginning Working Capital October 1 12,399,855 12,399,855 18,777,035 Ending Working Capital 17,236,641$ 10,668,347$ 13,485,748$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY25 = $9,349,700 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% WATER-SEWER FUND Page 20 Page 36 Item 7. May-25 May-24 Growth % WATER SEWER WATER SEWER Change # of Accts Residential 13,951 13,253 13,235 12,533 5.57% # of Accts Commercial 498 452 450 407 10.85% Consumption-Residential 150,097,600 91,533,098 126,045,040 86,871,220 13.49% Consumption-Commercial 23,769,410 17,593,060 22,221,150 15,936,030 8.40% Consumption-Commercial Irrigation 20,027,500 15,637,800 28.07% Avg Total Res Water Consumption 11,310 9,510 18.93% Billed ($) Residential 1,089,563$ 954,355$ 881,658$ 779,886$ 23.58% Billed ($) Commercial 252,268$ 190,713$ 226,659$ 156,916$ 11.30% Billed ($) Commercial Irrigation 186,023$ 139,821$ 33.04% Total Billed ($)1,527,854$ 1,145,068$ 1,248,137$ 936,802$ 22.33% Five Year Cumulative Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2025 FY2024 Average Average October 75°1 0.41 68°8 11.30 October 17,490 19,061 17,751 17,751 November 61°9 4.09 58°2 0.57 November 14,260 10,540 10,991 28,742 December 61°13 5.91 53°5 4.09 December 9,080 8,003 7,405 36,148 January 43°6 5.94 43°10 3.86 January 6,340 7,400 6,862 43,009 February 49°10 2.12 58°5 1.56 February 6,090 6,200 6,344 50,487 March 64°7 1.31 61°12 6.57 March 6,308 7,600 6,669 56,023 April 69°10 4.65 69°9 9.07 April 10,638 8,900 9,246 65,269 May 74°10 6.07 77°11 9.71 May 11,310 9,510 11,778 77,046 June 84°5 4.35 June 10,310 12,720 89,767 July 85°8 1.84 July 22,740 18,856 108,623 August 89°2 0.96 August 22,120 22,856 131,478 September 79°6 3.02 September 24,400 20,423 151,902 Annual 66 30.50 83 56.90 TOTAL (gal)81,516 162,724 151,902 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2025-04 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% WATER-SEWER FUND Average Total Residential Water Consumption by Month FY2025 FY2024 Page 21 Page 37 Item 7. 49% 62% 83% 89% 67% 14% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% WATER SEWER FUND REVENUE YTD % OF ANNUAL BUDGET Page 22 Page 38 Item 7. $12,096,097 $8,882,771 $10,499,491 $7,692,961 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 23 Page 39 Item 7. $9,040,380 $4,121,349 $7,394,369 $3,375,564 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 24 Page 40 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 950,000$ -$ 950,000$ 653,280$ -$ 296,720$ 69%618,679$ 6% Drainage Review Fee 3,500 - 3,500 - - 3,500 0%3,150 -100% 45-4 Interest Income 8,000 - 8,000 6,313 - 1,687 79%8,614 -27% Other Revenue - - - - - - 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 961,500$ -$ 961,500$ 659,593$ -$ 301,907$ 69%630,444$ 5% EXPENDITURES Personnel Services 426,032$ (3,475)$ 422,557$ 275,603$ -$ 146,954$ 65%210,940$ 31% Debt Service 215,263 - 215,263 133,388 - 81,876 62%2 150,531 -11% 45-7 Operating Expenditures 49,117 3,475 52,592 16,883 491 35,218 33%22,200 -24% Capital 177,812 - 177,812 157,169 142 20,501 88%- 0% Transfers Out 107,996 - 107,996 155,331 - (47,335) 144%1 300,597 -48% Total Expenses 976,220$ -$ 976,220$ 738,373$ 633$ 237,214$ 76%684,268$ 8% REVENUE OVER (UNDER) EXPENDITURES (14,720)$ -$ (14,720)$ (78,780)$ (53,824)$ Beginning Working Capital October 1 251,393 251,393 380,410 Ending Working Capital Current Month 236,673$ 172,613$ 326,586$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% STORMWATER DRAINAGE UTILITY FUND Page 25 Page 41 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 3,295,173$ -$ 3,295,173$ 2,393,173$ -$ 902,000$ 73%1,892,357$ 26% Interest Income 4,500 - 4,500 5,087 - (587) 113%4,652 9% Transfer In - - - - - - 0%- 0% Total Revenues 3,299,673$ -$ 3,299,673$ 2,398,261$ -$ 901,412$ 73%1,897,009$ 26% EXPENDITURES Administration 96,753$ -$ 96,753$ 43,501$ 89$ 53,163$ 45%38,848$ 12% Sanitation Collection 2,830,789 - 2,830,789 1,780,197 - 1,050,592 63%1,575,593 13% Capital Expenditure - - - - - - 0%1,933,413 -100% Debt Service 257,501 - 257,501 171,667 - 85,834 67%51,667 232% Transfer Out - - - - - - 0%- 0% Total Expenses 3,185,043$ -$ 3,185,043$ 1,995,364$ 89$ 1,189,590$ 63%3,599,521$ -45% REVENUE OVER (UNDER) EXPENDITURES 114,630$ -$ 114,630$ 402,896$ (1,702,512)$ Beginning Working Capital October 1 120,426 120,426 5,985 Ending Working Capital 235,056$ 523,322$ (1,696,527)$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% SOLID WASTE FUND Page 26 Page 42 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 22,325 - 127,675 15%- 0% Interest Income 250,000 - 250,000 167,796 - 82,204 67%183,724 -9% Charges for Services 1,572,064 - 1,572,064 1,048,043 - 524,021 67%985,977 6% Auction Proceeds - - - 107,500 - (107,500) 0%- 0% Total Revenue 1,972,064$ -$ 1,972,064$ 1,345,663$ -$ 626,401$ 68%1,169,701$ 15% EXPENDITURES Vehicle Replacement 1,866,493$ -$ 1,866,493$ 810,709$ 1,695,286$ (639,502)$ 134%236,659$ 243% Equipment Replacement 526,908 - 526,908 416,238 312,452 (201,782) 138%212,392 96% Technology Replacement 145,200 - 145,200 - - 145,200 0%53,925 -100% Total Expenditures 2,538,601$ -$ 2,538,601$ 1,226,947$ 2,007,737$ (696,084)$ 127%502,976$ 144% REVENUE OVER (UNDER) EXPENDITURES (566,537)$ -$ (566,537)$ 118,716$ 666,726$ Beginning Fund Balance October 1 16,755,136 16,755,136 8,477,146 Ending Fund Balance Current Month 16,188,599$ 16,873,852$ 9,143,872$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 27 Page 43 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 5,142,517$ -$ 5,142,517$ 3,378,311$ -$ 1,764,206$ 66%3,018,339$ 12% Cobra and Stop Loss Reimbursements 300,000 - 300,000 559,792 - (259,792) 187%110,033 409% Interest Income 20,000 - 20,000 2,876 - 17,124 14%23,105 -88% Total Revenue 5,462,517$ -$ 5,462,517$ 3,940,979$ -$ 1,521,538$ 72%3,151,478$ 25% EXPENDITURES Contractual Services 176,000$ -$ 176,000$ 70,041$ -$ 105,959$ 40%104,659$ -33% Employee Health Insurance 5,196,948 - 5,196,948 5,458,373 - (261,425) 105%1 3,066,290 78% Total Expenditures 5,372,948$ -$ 5,372,948$ 5,528,414$ -$ (155,466)$ 103%3,170,949$ 74% REVENUE OVER (UNDER) EXPENDITURES 89,569$ -$ 89,569$ (1,587,435)$ (19,471)$ Beginning Fund Balance October 1 148,135 148,135 609,058 Ending Fund Balance Current Month 237,704$ (1,439,300)$ 589,587$ Notes 1 The Town has experienced several large claims TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 Expected Year to Date Percent 66.67% HEALTH INSURANCE FUND Page 28 Page 44 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 2,378,000$ -$ 2,378,000$ -$ Property Taxes-Delinquent - - - - Property Taxes-Current 9,600,000 - 9,600,000 9,600,000 Taxes-Penalties - - - - Contributions/Interlocal Revenue - - - 75,300 Bond Proceeds 19,450,000 - 19,450,000 - Interest Income 3,000,000 - 3,000,000 2,482,891 Other Revenue - - - - Transfers In - - - 10,789,032 Transfers In - Impact Fee Funds - - - - Transfers In - Escrows - - - - Transfers In - Park Dedication/Improvement - - - - Total Revenues 34,428,000$ -$ 34,428,000$ 22,947,222$ EXPENDITURES Street & Traffic Projects Street Projects First St (DNT to Coleman)24,786,567$ -$ (28,500)$ 24,758,067$ 260,163$ 156,754$ 24,341,150$ 3,148,264$ 21,221,386$ Coit Rd (First-Frontier) 4 Lns 27,789,900 20,000,000 - 27,789,900 38,925 274,276 27,476,699 1,790,055 25,686,643 DNT Main Lane (US 380 - FM 428)7,671,186 5,114,124 - 7,671,186 2,557,062 - 5,114,124 - 5,114,124 Prosper Trail (Coit-Custer) 2 - - - - 10,625 - - - - Gee Road (First Street - Windsong)5,414,933 - (4,927,692) 487,242 - - 487,242 4,927,692 487,242 First Street (Elem-DNT) 4 Lanes 31,604,929 709,000 - 31,604,929 8,412,041 3,113,855 20,079,034 20,697,265 (618,231) First St (Coit-Custer) 4 Lanes 27,269,101 - (500,000) 26,769,101 856,117 17,000 25,895,985 25,515,599 880,386 Preston Road / First Street Dual Left Turns 900,000 - - 900,000 - 22,077 877,923 71,523 806,400 Craig Street (Preston-Fifth)750,000 300,000 - 750,000 234,852 24,443 490,705 381,053 109,653 Coleman (Gorgeous - Prosper Trail)1,500,000 - - 1,500,000 1,916,526 301,486 (718,012) 741,017 (1,459,029) Coleman (Prosper Trail - PHS)2,220,000 1,500,000 - 2,220,000 160 - 2,219,840 100 2,219,740 Legacy (Prairie - First Street)11,425,000 800,000 - 11,425,000 1,842,597 129,665 9,452,738 8,275,307 1,177,431 Teel Parkway (US 380 - First Street Rd) NB 2 Lanes 5,850,000 - - 5,850,000 1,127,636 16,169 4,706,194 4,896,723 (190,529) Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 500,000 - Street Impact Fee Analysis - - - - 7,881 51,101 (58,982) - (58,982) US 380 Deceleration Lanes - Denton County 500,000 - - 500,000 - - 500,000 43,600 456,400 Safety Way 800,000 - - 800,000 454,085 - 345,915 - 345,915 Gorgeous/McKinley 700,000 - - 700,000 - - 700,000 - 700,000 First Street (Coleman)2,500,000 2,000,000 - 2,500,000 - 95,409 2,404,591 468,049 1,936,542 Gee Road (US 380--FM 1385)3,900,000 1,700,000 - 3,900,000 391,298 347,223 3,161,479 975,019 2,186,460 Frontier (Legacy-DNT)300,000 - - 300,000 - - 300,000 300,000 - Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 - 300,000 1,150,000 - 1,150,000 Prosper Trail (Coit - Custer) - 2 WB lanes 1,400,000 500,000 - 1,400,000 236,864 496,914 666,223 29,223 637,000 Windsong Parkway/US 380 Dual Left T 152,800 - - 152,800 1,970 63,624 87,206 12,400 74,806 Legacy Drive (Prosper Tr. to P)10,000 - - 10,000 167 - 9,833 9,833 Coleman St (First-Georgeous)660,000 - - 660,000 176,322 373,749 109,930 110,530 (600) Teel Parkway (First-Freeman)800,000 - - 800,000 332,648 474,093 (6,740) - (6,740) Legacy (First St. - Prosper Tr 200,000 200,000 - 200,000 - - 200,000 - 200,000 Legacy (First St. - Prosper Tr 550,000 550,000 - 550,000 - - 550,000 - 550,000 Prosper Trail (Legacy - DNT)1,200,000 1,200,000 - 1,200,000 27,978 953,022 219,000 - 219,000 Roundabout Peer Review and Tho 28,500 - - 28,500 14,498 14,003 - - - Prairie Dr Accelerated Opening 27,167 - - 27,167 27,166 - 1 - 1 West Gorgeous (McKinley-Coleman)230,000 - 230,000 - 222,996 7,004 - 7,004 Unprogrammed Future Projects 800,000 800,000 - 800,000 - - 800,000 - 800,000 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 CAPITAL PROJECTS FUND Page 29 Page 45 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 CAPITAL PROJECTS FUND Traffic Projects Fifth Street Quiet Zone 500,000 - - 500,000 - - 500,000 - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 525,000 460,000 - 525,000 16,523 271,060 237,417 32,350 205,067 Median Lighting US 380 (Mahard-Lovers)300,000 - - 300,000 - - 300,000 - 300,000 Traffic Signal - DNT/Frontier 281,500 - - 281,500 170,487 83,585 27,428 16,125 11,303 Traffic Signal - Teel Pkway & Prairie Drive 525,000 460,000 - 525,000 11,022 5,928 508,050 23,800 484,250 Traffic Signal Acacia Parkway/Gee R 503,480 - 146,874 650,354 576,916 39,608 33,830 38,339 (4,509) Traffic Signal First Street/Legacy 578,333 - - 578,333 26,400 252,470 299,463 16,133 283,330 Opticom Repair/ Installation - - - - - 82,557 (82,557) - (82,557) Gee/Lockwood Pedestrian Hybrid 259,200 - - 259,200 13,000 89,188 157,012 16,250 140,762 First/Copper Canyon Pedestrian 259,200 - - 259,200 13,000 84,317 161,883 16,250 145,633 First/Chaucer Pedestrian Hybri 259,200 - - 259,200 13,000 82,108 164,092 16,250 147,842 Tr. Signal (Denton-Fishtrap)349,500 - 40,928 390,428 305,477 28,808 56,143 38,000 (22,785) Traffic Improvement Projects 1,500,000 1,500,000 (187,802) 1,312,198 - - 1,312,198 - 1,500,000 Traffic Signal Comunications Program Ph 2 495,000 495,000 - 495,000 - - 495,000 - 495,000 Traffic Signal - Legacy & Prai 525,000 525,000 - 525,000 - - 525,000 - 525,000 School Zone Flashers 97,504 43,040 Traffic Equipment 15,928 - Capital Expenditures - - - - - - - - - Total Street & Traffic Projects 170,750,497$ 38,813,124$ (5,456,192)$ 165,294,306$ 20,186,836$ 8,510,528$ 136,764,039$ 73,096,915$ 69,270,189$ Park Projects Neighborhood Park Windsong Park #3 750,000$ -$ -$ 750,000$ -$ -$ 750,000$ -$ 750,000$ Lakewood Preserve, Phase 2 5,587,255 485,000 - 5,587,255 703,548 162,552 4,721,154 4,577,929 143,225 Downtown Park (Broadway/ Parvin)1,158,240 750,000 - 1,158,240 11,045 51,240 1,095,955 43,415 1,052,540 Pecan Grove Park, Trail - Grant Matching 248,798 248,798 - 248,798 - 169,738 79,061 - 79,061 Playground Shade Structures (Various)160,000 160,000 - 160,000 - 157,823 2,177 - 2,177 Whitley Place Meadow Park - Grant Matching 218,130 218,130 - 218,130 - - 218,130 - 218,130 Trails Doe Branch Trail Connections 2,184,000 500,000 - 2,184,000 23,940 137,478 2,022,582 75,582 1,947,000 Various Hike and Bike Trails 580,680 - - 580,680 - - 580,680 - 580,680 Downtown Improvements Downtown Improvements 1,553,389 1,000,000 (319,806) 1,233,583 174,723 4,165 1,054,695 8,508 1,046,187 Downtown Monumentation 66,500 - - 66,500 69,566 29,024 (32,090) 66,110 (98,200) Prosper Parking Lot and Alley Improvements 122,500 - - 122,500 19,890 30,410 72,200 - 72,200 Broadway/ Town Hall Connection 221,106 - 221,106 221,106 214,105 7,000 - 221,106 Downtown Lighted Bollards 98,700 - 98,700 98,700 98,700 - - 98,700 Community Park Raymond Community Park 21,900,000 2,100,000 - 21,900,000 4,647,498 7,675,613 9,576,889 8,245,363 1,331,526 Raymond Community Park - Trail/ Bridge Grant 848,122 848,122 - 848,122 - 916,535 (68,413) - (68,413) Froniter Park Pond Repairs 473,000 - - 473,000 420,123 33,768 19,109 - 19,109 Frontier Park Concrete Repairs 120,000 120,000 - 120,000 - - 120,000 - 120,000 Parks & Rec Admin Facility Parking Lot Paving 80,000 80,000 - 80,000 - 61,534 18,466 - 18,466 Doe Branch Property Masterplan 140,000 140,000 - 140,000 18,780 115,820 5,400 - 5,400 Doe Branch Property - Six Creek Crossings 650,000 650,000 - 650,000 - - 650,000 - 650,000 Median/ Landscape Screening US 380 Green Ribbon Project 2,295,000 - - 2,295,000 58,500 1,760,933 475,567 - 475,567 Prosper Trail Screening (Preston - Deer Run)750,000 - - 750,000 65,001 437,234 247,764 46,326 201,439 Parks, Recreation, & Open Space Master Plan 140,000 - - 140,000 40,384 - 99,616 92,323 7,293 Unprogrammed Future Projects 800,000 800,000 - 800,000 - - 800,000 - 800,000 Total Park Projects 41,145,420$ 8,100,050$ -$ 40,825,614$ 6,565,804$ 11,750,867$ 22,508,942$ 13,155,556$ 9,673,193$ Page 30 Page 46 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 CAPITAL PROJECTS FUND Facility Projects Public Safety Fire Station #4 - Design 965,855$ -$ -$ 965,855$ 115,559$ 156,830$ 693,466$ 693,467$ (0)$ Fire Station #4 - Other Costs 708,250 700,000 - 708,250 50,351 63,626 594,273 8,250 586,023 Fire Station #4 - Construction 11,225,000 1,025,000 - 11,225,000 3,211,036 8,251,365 (237,401) - (237,401) Fire Station #4 - FF&E 775,000 775,000 - 775,000 - - 775,000 - 775,000 Public Safety Fiber Ring 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Fire Station #3 - Upgrades and Repairs 190,000 190,000 - 190,000 170,150 30,000 (10,150) - (10,150) PD Needs Assessment 78,500 - - 78,500 58,978 19,522 - - - PD Station Improvements 366,235 - - 366,235 14,370 - 351,865 351,865 (0) Unprogrammed Future Projects 592,935 592,935 - 592,935 - - 592,935 - 592,935 Public Safety Equipment Fire Station #4 - Engine 1,250,000 - - 1,250,000 - - 1,250,000 1,246,481 3,519 Fire Station #4 - Ambulance 552,000 - - 552,000 416,316 - 135,684 135,283 401 Central Fire - Ambulance 495,000 - - 495,000 32,497 - 462,503 461,427 1,076 PD Car Camera and Body worn Camera System 387,225 - - 387,225 - - 387,225 16,900 370,325 Parks, Public Works, Town Hall Parks and Public Works 5,802,938 2,352,938 - 5,802,938 382,794 2,566,125 2,854,019 120,521 2,733,498 Library Master Plan 130,000 - - 130,000 62,538 13,989 53,474 53,474 - Finish Out Interior Spaces Town Hall 650,000 - - 650,000 53,331 - 596,669 366,394 230,275 Town Hall Repairs - Parking Lot, Steps, Fountain 273,000 273,000 - 273,000 40,934 12,600 219,466 - 219,466 Public Works Modular Buildings 712,224 712,224 641,002 71,222 - - - Total Facility Projects 26,154,162$ 6,908,873$ -$ 26,154,162$ 5,249,855$ 11,185,279$ 9,719,028$ 3,454,063$ 6,264,965$ Transfer Out - - - - 0 - - - - Total Expenditures 238,050,079$ 53,822,047$ (5,456,192)$ 232,274,082$ 32,002,496$ 31,446,673$ 168,992,009$ 89,706,534$ 85,208,348$ REVENUE OVER (UNDER) EXPENDITURES (197,846,082)$ (9,055,274)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 79,149,405 79,149,405 Ending Fund Balance (Restricted for Capital Projects) Current Month (118,696,677)$ 70,094,131$ Page 31 Page 47 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income 800,000$ -$ 800,000$ 1,087,563$ Bond Proceeds 33,896,633 - 33,896,633 - Grant Revenue 214,081 - 214,081 - Capital Contributions Transfers In - - - 225,294 Transfers In - ARPA Funds - - - - Transfers In - Impact Fee Funds 5,531,622 - 5,531,622 5,546,241 Transfers In - Drainage Fund 50,000 - 50,000 50,000 Transfers In - Bond Funds - - - - Total Revenues 40,442,336$ -$ 40,442,336$ 6,909,098$ EXPENDITURES Water Projects Lower Pressure Plane Pump Station Design 18,931,100$ -$ -$ -$ 1,457,101$ 409,172$ (1,866,273)$ 16,599,784$ 465,044$ LPP Water Line Phase, 2A 9,000,000 - - - 5,457,571 573,909 (6,031,479) 2,164,870 803,650 Water Line Relocation Frontier 6,900,000 3,500,000 - 3,500,000 428,758 128,463 2,942,779 490,232 5,852,548 Parks & Public Works, Phase 1 5,600,000 5,000,000 - 5,000,000 191,041 758,000 4,050,959 59,889 4,591,070 Ground Storage 6 MG Tank 8,100,000 2,560,993 - 2,560,993 121,255 455,912 1,983,826 22,333 7,500,500 DNT (Prosper Trail - Frontier Parkw - - - -- 31,688 (31,688) - (31,688) Water Impact Fee Analysis - - - -7,170 139 (7,309) - (7,309) DNT Water Line Relocation - - - -5,527 31,493 (37,019) - (37,019) Craig Street 2 MG EST Rehabilitation 460,000 460,000 - 460,000 - - 460,000 - 460,000 Unprogrammed Future Water/Wastewater 286,463 286,463 - 286,463 - - 286,463 - 286,463 Wastewater Projects Doe Branch Parallel Interceptor 16,253,327 8,853,327 - 8,853,327 3,750,000 - 5,103,327 - 12,503,327 Upper Doe Branch WW Line (Teel-PISD Stadium)8,025,000 3,000,000 - 3,000,000 1,668,401 5,033,189 (3,701,591) 675,836 647,573 Doe Branch, Phase 3 WWTP 104,946,277 49,946,277 - 49,946,277 27,500,000 - 22,446,277 6,102,367 71,343,910 Wilson Creek WW Line 400,000 - - - 281,450 18,912 (300,362) 8,841 90,796 Denton ISD WW Line Reimbursement 531,622 531,622 - 531,622 - - 531,622 - 531,622 Sewer Impact Fee Analysis - - - -7,170 139 (7,309) - (7,309) Total Water & Wastewater Projects 179,433,789$ 74,138,682$ -$ 74,138,682$ 40,875,444$ 7,441,016$ 25,822,222$ 26,124,152$ 104,993,177$ Drainage Projects Doe Branch Creek Erosion Control 225,000$ -$ -$ -$ 183,560$ 14,472$ (198,032)$ -$ 26,968$ Old Town Regional Pond #2 98,386 50,000 - 50,000 - 231 49,769 48,092 50,063 Total Drainage Projects 323,386$ 50,000$ -$ 50,000$ 183,560$ 14,703$ (148,263)$ 48,092$ 77,031$ Transfer out - - - - - - - - Total Expenses 179,757,175$ 74,188,682$ -$ 74,188,682$ 41,059,004$ 7,455,719$ 25,673,959$ 26,172,244$ 105,070,208$ REVENUE OVER (UNDER) EXPENDITURES (33,746,346)$ (34,149,907)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 95,644,027 95,644,027 Ending Fund Balance (Restricted for Capital Projects) Current Month 61,897,681$ 61,494,120$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT May 31, 2025 CAPITAL PROJECTS FUND-WATER/SEWER Page 32 Page 48 Item 7. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Audit Engagement Letter with Weaver and Tidwell, L.L.P. (CL) Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an audit engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper, Texas, related to the fiscal year 2025 annual audit. (CL) Description of Agenda Item: At the October 25, 2022, Council meeting, Council appointed Weaver and Tidwell, L.L.P., as the town’s external auditors for the years 2022-2026. Fiscal year 2025 represents the fourth year of the five-year term. The estimated fees are consistent with the original proposal. Budget Impact: The estimated fees of $64,750 are budgeted to account 11012010-56710 “Audit Fees” for fiscal year 2026. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Weaver and Tidwell, L.L.P., Engagement Letter Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute the annual engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper for the audit of fiscal year 2025. Proposed Motion: I move to authorize the Town Manager to execute the annual engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper for the audit of fiscal year 2025. DEPARTMENT NAME Page 49 Item 8. Weaver and Tidwell, L.L.P. CPAs AND ADVISORS |WEAVER.COM June 6, 2025 Finance Sub-Committee and Town Council City of Prosper 250 W. First Street Proper, Texas 75078 Weaver and Tidwell, L.L.P. (“our”, “us”, and “we”) will perform an audit of the basic financial statements of Town of Prosper, which comprise the financial statements of governmental activities, the business-type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information (as applicable) as of and for the year ending September 30, 2025, and the related notes to the financial statements. This required supplementary information (“RSI”) will be subjected to certain limited procedures but will not be audited: 1. Management’s Discussion and Analysis 2. Schedule of Changes in Net Pension Liability and Related Ratios 3. Texas Municipal Retirement System – Schedule of Contributions In addition, we will audit the entity’s compliance over major federal award programs for the period ended September 30, 2025. The following accompanying supplementary information will also be subjected to our auditing procedures, as well as certain additional procedures: 1. Schedule of Expenditures of Federal Awards 2. Combining and Individual Nonmajor Fund Financial Statements and Schedules Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the basic financial statements: 1. Introductory Section 2. Statistical Section We are pleased to confirm our acceptance and our understanding of this engagement by means of this letter. Applicable Standards and Framework The auditing standards applicable to this engagement will be U.S. GAAS (generally accepted auditing standards in the United States of America) and, if applicable, the Government Auditing Standards (“GAGAS”), any state or regulatory audit requirements, the Single Audit Act Amendments of 1996, and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). The financial reporting framework applicable to this engagement is U.S. GAAP (generally accepted accounting principles in the United States of America). Engagement Objective The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion and to report on the fairness of the supplementary information referred to above when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute Page 50 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 2 of 11 assurance and therefore is not a guarantee that an audit conducted in accordance with applicable auditing standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user of the financial statements. Our Responsibilities We will conduct our engagement in accordance with the applicable standards described above. As part of an engagement conducted in accordance with the applicable standards, we exercise professional judgment and maintain professional skepticism throughout the engagement. We also do the following: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of controls. Obtain an understanding of the system of internal control in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the system of internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit that we have identified during the engagement. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the ability to continue as a going concern for a reasonable period of time. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts, tests of the physical existence of assets, and direct confirmation of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial institutions. As part of our audit process, we may request written representations from your attorneys, and they may bill you for responding. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations) may exist and not be detected, even though the audit is properly planned and performed in accordance with applicable standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. The accompanying supplementary information referred to above will be presented for purposes of additional analysis and is not a required part of the financial statements. Such information will be subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the Page 51 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 3 of 11 financial statements or to the financial statements themselves, and other additional procedures in accordance with applicable standards. Our auditor’s report will provide an opinion on the supplementary information in relation to the financial statements as a whole in a report combined with our auditor’s report on the financial statements. Our responsibilities for this engagement are limited to the period covered by our engagement and do not extend to any other periods. Our engagement also does not include consultation with you on the adoption of new accounting standards or any future increased duties we may have because of the actions of any regulatory body, implementation of any new auditing standard, or occurrence of an unknown or unplanned significant transaction. Brent Young is the engagement partner or equivalent for the attest services specified in this letter and is responsible for supervising our services performed as part of this engagement and signing or authorizing another qualified firm representative to sign our report. We expect to begin our procedures in September 2025 and to issue our report no later than March 2026. We will issue a written report only upon completion of our engagement. Our report will be addressed to the Honorable Mayor and Members of the Town Council of the Town. We cannot provide assurance that an unmodified audit opinion will be expressed. Circumstances may arise in which it may be necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraphs, delay the initiation or completion of our engagement, or withdraw from the engagement. If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or withdraw from the engagement. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will consider the entity’s internal control over financial reporting and perform tests of the entity’s compliance with the provisions of applicable laws, regulations, contracts, and grant agreements that could have a direct and material effect on the determination of financial statement amounts. In accordance with the requirements of GAGAS, we will also issue a written report describing the scope of our testing over internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and grant agreements, including the results of that testing. However, providing an opinion on internal control over financial reporting and compliance will not be an objective of the audit and, therefore, no such opinion will be expressed. Because the determination of waste and abuse is subjective, do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Our audit of the entity’s major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the provisions of the Uniform Guidance (including the U.S. Office of Management and Budget for the types of compliance requirements that could have a direct and material effect on each of the entity’s major programs). Our procedures will include tests of accounting records and a determination of major federal award programs in accordance with the Uniform Guidance. We will also perform other procedures we consider necessary to enable us to obtain reasonable assurance about whether the entity complied with applicable laws, regulations, and provisions of contracts and grant agreements applicable to major federal award programs, so that we may express an opinion or disclaimer of opinion on major federal award program compliance and render the required reports. We cannot Page 52 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 4 of 11 provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the entity’s major federal award programs. Our report will include any significant deficiencies and material weaknesses identified. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. U.S. GAAP, as promulgated by the Governmental Accounting Standards Board (“GASB”), requires that management’s discussion and analysis and budgetary comparison information, among other items, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by GASB, which considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the RSI in accordance with U.S. GAAS. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. Non-Attest Services We will perform this additional non-attest (non-audit services) as part of this engagement. Prepare the Data Collection Form GAGAS require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the financial statements and related schedules or disclosures as these actions are deemed a non-attest service. The entity has designated Chris Landrum, Finance Director, to oversee these services. These non-attest services do not constitute an audit under GAGAS and such services will not be conducted in accordance with GAGAS. Data Collection Form on Reporting for Single Audits It is expected that prior to the conclusion of the engagement, sections of the Data Collection Form will be completed by our firm. The sections that we will complete summarize our audit findings by federal grant or contract. Management is responsible to submit the reporting package (defined as including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. The instructions to the Data Collection Form require that the reporting package be an unlocked, unencrypted, text searchable portable document file (PDF) or else it will be rejected by the Federal Audit Clearinghouse. We will be available to assist management in creating the PDF if needed. We will coordinate with you the electronic submission and certification upon the reporting package completion. If applicable, we will provide copies of our report for you to include with the reporting package if there is a need to submit the package to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of thirty (30) days after receipt of our reports or nine (9) months after the end of the audit period. Page 53 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 5 of 11 Third-Party Service Providers Depending on the requirements of this engagement, we may use the services of our affiliate, Weaver and Tidwell India LLP, a limited liability partnership incorporated in India, or one or more other third-party service providers to assist us. Before sharing confidential information with those service providers, we will (i) secure agreements to maintain the confidentiality of such information and ensure the information is only used for the purpose of assisting us with the performance of this engagement and (ii) take commercially reasonable precautions to determine the service providers have appropriate procedures in place to prevent the unauthorized disclosure of the information. If we use such service providers, we will remain responsible for all work performed and any breach of our confidentiality arrangements by those service providers. Management’s Responsibilities Our engagement will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility for: a. the preparation and fair presentation of the financial statements in accordance with the applicable financial reporting framework described above; b. the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. the design, implementation, and maintenance of programs and controls to prevent and detect fraud; d. informing us of any known or suspected fraud involving management, employees with significant roles in the system of internal control and others where fraud could have a material effect on the financial statements (including any allegations of fraud or suspected fraud received in communications from employees, former employees, regulators, or others); e. providing us with: i. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, including the disclosures, such as records, documentation, and other matters; ii. additional information that we may request from management for the purpose of the engagement; and iii. unrestricted access to persons from whom we determine it necessary to obtain evidence; f. including our report, and our report on any supplementary information if described above, in any document containing financial statements that indicates that such financial statements have been audited by us; g. identifying and ensuring compliance with the laws and regulations applicable to activities; h. adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; i. maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; j. the accuracy and completeness of all information provided; k. with regard to the supplementary information referred to above: (a) the preparation of the supplementary information in accordance with the applicable criteria; (b) providing us with the appropriate written representations regarding supplementary information; (c) including our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information; and (d) presenting the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the Page 54 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 6 of 11 supplementary information no later than the date of issuance by you of the supplementary information and our report thereon; l. the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to violations of laws, governmental regulations, grant agreements, or contractual agreements; m. identifying all federal awards expended during the period; n. providing us with access to all information of which management is aware that is relevant to federal award programs; o. preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance; p. the design, implementation, and maintenance of internal control over compliance; q. identifying and ensuring that entity complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs; r. following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; s. following up and taking corrective action on current period audit findings and preparing a corrective action plan for such findings; t. submitting the reporting package and data collection form to the appropriate parties; u. making us aware of any significant vendor relationships where the vendor is responsible for program compliance; v. informing us of facts that may affect the financial statements of which you may become aware during the period from the date of our report to the date the financial statements are issued; and w. confirming your understanding of your responsibilities in this letter to us in your management representation letter. We understand that your employees will prepare all confirmations we request and will locate any documents or support for any other transactions we request. If we agree herein or otherwise to perform any non-attest services (such as tax services or any other non-attest services), you agree to assume all management responsibilities for those services; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. We will perform any such non- attest services in accordance with applicable professional standards. During the course of our engagement, we will request information and explanations from management regarding operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will also require, as a precondition to the issuance of our report, that management provide certain representations in a written letter concerning representations made to us in connection with our engagement. You agree that as a condition of our engagement, management will, to the best of its knowledge and belief, be truthful, accurate and complete in all representations made to us during the course of the engagement and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the engagement; or, worse, could cause a material error or a fraud to go undetected by our procedures. The hiring of, or potential employment discussions with, any of our personnel could impair our independence. Accordingly, you agree to inform the engagement partner prior to any such potential employment discussions taking place. Page 55 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P. | Page 7 of 11 Fees and Invoicing We estimate the fee for this engagement will be $61,250 for the financial statement audit, plus $3,500 for the first major single audit program and $1,500 for each additional major program. The total fee for our services will be determined by the complexity of the work performed and the tasks required. Individual hourly rates vary according to the degree of responsibility involved and the skills required and are subject to periodic review and change. It is understood that neither our fees nor the payment thereof will be contingent upon the results of this engagement. Our fee estimate is based on anticipated cooperation from all involved and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will discuss the reasons with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for this engagement will be rendered each month as work progresses. Our invoices are payable in accordance with Texas Government Code § 2251.021, if applicable. Documentation and Deliverable The documentation we prepare pertaining to and in support of this engagement is our property and constitutes confidential information. If you intend to make reference to our firm or include a report or portion of a report we issue in a published document or other reproduction that includes a modified version of the report or financial information to which it was attached, you agree to provide us with printers’ proofs or masters for our review and approval before reproducing. You also agree to provide us with a copy of the final reproduced material for our written approval before it is distributed. If, in our professional judgment, the circumstances require, we may withhold our approval. This requirement does not pertain to distributing unmodified reports along with the attached financial information or dissemination of your financial information as a standalone document, such as on your website. Unless we provide you with written consent in advance of such use, reports we issue are not intended to and should not be provided or otherwise made available for use in connection with the sale of debt or other securities. If, in our professional judgment, the circumstances require, we may withhold our consent. Consistent with professional standards, our firm is subject to peer review and inspection by the PCAOB. Those programs require that our system of quality management and a sample of our work be periodically examined by another independent accounting firm or the PCAOB, respectively. A copy of our latest external peer review report is available at peerreview.aicpa.org. The work we perform for you may be selected for review. If it is, we will provide the reviewers with the required information without notice to you. Professional standards and PCAOB regulations provide the applicable confidentiality requirements. Page 56 Item 8. June 6, 2025 Weaver and Tidwell, L.L.P.|Page 8 of 11 Incorporated General Terms Attached are our General Terms that provide additional terms (including but not limited to provisions on confidentiality, limitations on liability, indemnifications, dispute resolution, jury waiver, etc.) for this engagement. Those terms are incorporated and apply to all services described herein. We appreciate the opportunity to assist you and look forward to working with you and your team. Sincerely, WEAVER AND TIDWELL, L.L.P. Dallas, Texas Please sign and return a copy of this letter to indicate acknowledgment of, and agreement with, the arrangements for our engagement as described herein, including each party’s respective responsibilities. By signing below, the signatory also represents that they have been authorized to execute this agreement. Town of Prosper By: Printed Name: Title: Date: Page 57 Item 8. General Terms (Rev. 25.02.11) |Page 1 of 3 GENERAL TERMS 1.Expenses. In addition to the fee for our services, reasonable and necessary out-of-pocket expenses we incur (such as parking, reproduction and printing, postage and delivery, and out- of-market travel, meals, and accommodations) will be invoiced at cost. The total amount stated on each invoice will include a separate administrative and technology charge. The charge represents an estimated allocation of our support personnel, telecommunication, and technology infrastructure expenses. The amount stated on each invoice will also include any sales, use, gross receipts, excise, or other transaction tax imposed on our fees or expenses. 2.Payment. Any disagreement with the charges must be communicated to us in writing within thirty (30) days of the invoice date, after which any right to contest the invoices will be waived. For invoices not paid within sixty (60) days of the invoice date, a late charge will be added to any uncontested outstanding balance. The late charge will be assessed at a rate of half a percent (0.5%) of the unpaid balance per month. If invoices are not paid within ninety (90) days of the invoice date, this engagement (and any other engagements for the same party) will be placed on hold and we will stop work until the balance is brought current, or we may withdraw, and we will not be liable for any damages that may result. 3.Term. A. This engagement ends at the earlier of the completion of our services described above, the provision of any deliverables described above, or the termination of this engagement. Any party may earlier terminate this engagement at any time with ten (10) days’ written notice to the other party. If the engagement is terminated, our engagement will be deemed to have been completed upon written notification of termination, and we will be paid for our time expended and expenses incurred through the date of termination. B. If we are requested to perform additional services not addressed in this engagement letter, we will communicate our ability to perform the services, the scope of additional services we agree to perform, and the fee arrangements we would use. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting the arrangement for performance of such additional services, those services will continue to be governed by the terms of this engagement letter. 4.Ethical Conflict Resolution. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will provide notice of such conflict as soon as practicable and discuss any possible means of resolving the conflict prior to suspending our services. 5.Non-Solicitation of Our Staff. We value every one of our partners, employees, and contractors and have spent a great deal of time and resources to locate, train, and retain those individuals. Accordingly, during the term of this engagement letter and for two (2) years after the later of the termination of this engagement letter or conclusion of the performance of all of our services performed hereunder, no party, whether voluntarily or involuntarily, directly or indirectly, will solicit to employ or engage, on a partner, employee, contractor, or other basis, any of our partners, employees, or contractors who perform these services, without obtaining the prior written consent of our CEO or COO. This section shall not apply to a solicitation by general advertisement (e.g. website, social media posting, newspaper, etc.) or any employment or engagement resulting therefrom. 6.Confidentiality. A. During the course of this engagement, the parties may disclose to each other, orally, in writing, or otherwise, information that is identified as or which is otherwise categorized by law as proprietary, confidential, or privileged (“Confidential Information”). Confidential Information does not include material which (i) is in the public domain through no fault of the receiving party, (ii) was already known to the receiving party before it was first disclosed to the receiving party by or on behalf of the disclosing party related to this engagement, (iii) is received by the receiving party from third-parties without confidentiality restrictions, unless those third-parties were acting for or on behalf of the disclosing party related to this engagement, or (iv) is developed by the receiving party independently of, and without reference to, any Confidential Information communicated to the receiving party by or on behalf of the disclosing party. We will use the Confidential Information disclosed to us during this engagement solely to perform services for which we have been engaged. B. We may be requested to make the Confidential Information available to regulators and other government agencies, pursuant to authority given by law or regulation. Responding to many such requests is mandatory. In those Page 58 Item 8. General Terms (Rev. 25.02.11) |Page 2 of 3 cases, access to such Confidential Information will be provided under our supervision and we may, upon their request, provide the regulator or agency with copies of all or selected portions of the Confidential Information. The requesting party may intend or decide to distribute the copies or information contained therein to others, including other regulators or agencies. C. Unless otherwise stated herein, prohibited by law or direction of law enforcement, or agreed in writing, the parties will (i) provide prompt notice of any request received to make Confidential Information pertaining to this engagement, including any of our work product, available to outside parties not involved in the performance of these services and (ii) obtain written consent from the affected party before disclosing the Confidential Information in response to the request. If consent is withheld, the parties will cooperate with any lawful efforts taken to minimize the disclosure or protect the Confidential Information. D. We will invoice for reasonable and necessary time (at our then-current standard hourly rates) and out-of-pocket expenses (including attorney’s fees) we incur to respond to any request (such as a subpoena, summons, court order, or administrative investigative demand) pertaining to this engagement in a legal matter to which we are not a party. If we agree to perform additional substantive services related to or arising out of the request, such matters may be the subject of a new engagement letter. E. The parties agree to maintain Confidential Information using the same standard of care each uses to protect its own information of like importance but in no case less than a reasonable standard of care. F. All rights to Confidential Information (including patent, trademarks, copyrights, or other intellectual property rights) shall remain vested in the disclosing party, and no rights in the Confidential Information are vested in the receiving party, except the limited right to use the Confidential Information solely to perform its obligations or exercise its rights under this engagement letter. G. We will return or destroy the Confidential Information upon the disclosing party’s request within a reasonable period of time, except that we will maintain any copies of the Confidential Information for the period necessary to comply with any applicable laws or professional standards and our own document retention policy (e.g. we will maintain our workpapers for seven (7) years from the date of any attest report we issue). Following such a period, we may destroy the Confidential Information without notice. H. We may at times provide (i) documents marked as drafts or (ii) preliminary or ancillary information or advice (not included in a final deliverable). Those documents, information, and/or advice are for review and consideration purposes only and should not be relied upon or distributed, and should be destroyed, unless otherwise required by law. If further analysis, information, or advice is desired, we will be informed in writing. We may assist if the matter is within our expertise. Unless already encompassed by the scope of our engagement letter, if we agree to provide such further assistance, our services will be handled as additional services in the manner described above. I. We may transmit and store data via email, the cloud, or other electronic and Internet-based mechanisms to facilitate this engagement. Please be aware that those mediums inherently pose a risk of misdirection or interception of Confidential Information. Any request to limit such transmissions or use a different means of transmission or storage must be made in writing and we will not be responsible for any resulting compromise in data security. J. We do not act as the host or repository of financial or non-financial information or as an information back-up service provider for our clients. It is the responsibility of our clients to maintain a complete set of their own financial and non-financial data and records. If some portion of the data and records is contained only within our files, inform us before the issuance of our deliverable and we will provide a copy. K. Unless otherwise stated herein or agreed in writing, neither this engagement nor engagement letter is intended for the benefit of any third party. Any party may inform us of any third party who will receive our deliverable. If we are not informed in writing by a party, we are not aware of the identity of such third parties and we do not anticipate their reliance upon our professional services or deliverable unless otherwise agreed in writing. 7.Limitations on Liability and Indemnifications. A. Each party to this engagement letter other than us gives the following releases and indemnifications to us and our affiliates’ partners, employees, and contractors, and each of their heirs, executors, personal representatives, successors and assigns (“Our Representatives”). We and Our Representatives are hereby released, indemnified, and held harmless, from and against any liability and costs, including related liabilities, losses, damages, costs, expenses, and attorneys’ fees, resulting from or arising out of: (i) knowing misrepresentations or unintentional or unauthorized disclosures to us or Our Representatives by any party (other than us) or the officers, employees, or others acting or purporting to act on their behalf, (ii) disclosure of our work product to anyone not a party this engagement letter who we were not informed of in advance, or (iii) misdirection, interception, or failed delivery of information connected with this engagement during transmission, submission, or storage. Page 59 Item 8. General Terms (Rev. 25.02.11) |Page 3 of 3 B. Our and Our Representatives’ total aggregate liability pertaining to this engagement and engagement letter shall be limited to one (1) times the amount of our fees (excluding any reimbursable expenses) the party bringing the claim paid to us for the services in question. In no event shall we or Our Representatives be liable for indirect, incidental, consequential, special, multiple, exemplary, or punitive losses or damages—even if advised of their possible existence. C. Satisfaction of a claim or cause of action arising from nonattest services (if any) which are part of this engagement or performed pursuant to this engagement letter shall only be sought from the limited liability partnership, Weaver and Tidwell, L.L.P. In no event will our partners, directors, employees, or agents be individually liable for any liability, damages, expenses, or losses of any nature, caused by or resulting from the engagement, engagement letter, or use of our work product. While we are entering into this engagement letter on our own behalf, this paragraph is also intended for the benefit of Our Representatives. D. All limitations on liability and indemnifications contained herein shall apply to the fullest extent permissible by applicable laws and professional standards (including, without limitation, any applicable rules and interpretations of the AICPA, PCAOB, and SEC), regardless of the cause of action (whether contract, negligence, or otherwise), except as finally determined to have resulted solely from our fraud, gross negligence, or willful misconduct. 8.Dispute Resolution Procedure including Jury Waiver. A. No claim arising out of or relating to this engagement or engagement letter shall be filed more than two (2) years after the earlier of the termination of this engagement or the date of the delivery of our work product in question, if any. This limitation applies and begins to run even if no damage or loss has been suffered, or the injured or damaged party has not become aware of the existence or possible existence of a dispute. B. If a dispute arises out of or relates to this engagement or engagement letter, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. In such event, the parties will attempt to agree upon a location, mediator, and mediation procedures, but absent such agreement any party may require mediation in Houston, Texas, administered by the AAA under its Commercial Mediation Procedures. C. This engagement letter and all disputes between the parties shall be governed by, resolved, and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. Any action arising out of or relating to this engagement or engagement letter shall only be brought in, and each party agrees to submit and consent to the exclusive jurisdiction of the federal or state courts in the State of Texas and convenience of those situated in Harris County, Texas. D. Each party hereby irrevocably waives any right it may have to trial by jury in any proceeding arising out of or relating to this engagement or this engagement letter. E. Whenever possible, this engagement letter shall be interpreted in such a manner as to be effective and valid under applicable laws, regulations, or published interpretation, but if any term of this engagement letter is declared illegal, unenforceable, or unconscionable, that term shall be severed or modified, and the remaining terms of the engagement letter shall remain in force. The court should in such case modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended term as closely as possible. F. If because of a change in status or due to any other reason, any of the terms of this engagement or any contract we have now or enter into in the future with any of the other parties, would be prohibited by, or would impair our independence when required under laws, regulations or published interpretations by governmental bodies, professional organizations or other regulatory agencies, such provision shall, to that extent, be of no further force and effect and the contract shall consist of the remaining portions. 9.Miscellaneous. A. We have non-CPA owners who may provide services pertaining to this engagement. B. We do not provide legal advice or services. If necessary, refer to appropriate legal counsel for advice or services of that nature. C. This engagement letter sets forth all agreed upon terms and conditions of our engagement with respect to the matters covered herein and supersedes any that may have come before. This engagement letter may not be amended or modified except by further writing signed by all the parties. Any provisions of this engagement letter which expressly or by implication are intended to survive its termination or expiration will survive and continue to bind the parties. The use of electronic signatures or multiple counterparts to execute this engagement letter shall have the same force and effect as a manually or physically signed original instrument. Page 60 Item 8. Report on Firms System of Quality Control September 19, 2022 To the Partners of Weaver & Tidwell, L.L.P. and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Weaver & Tidwell, L.L.P. (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2022. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a system review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firms Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewers Responsibility Our responsibility is to express an opinion on the design of and compliance with the firms system of quality control based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act; audits of employee benefit plans, an audit performed under FDICIA, and examinations of service organizations [SOC 1 and SOC 2 engagements].) As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Page 61 Item 8. Opinion In our opinion, the system of quality control for the accounting and auditing practice of Weaver & Tidwell, L.L.P. applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2022, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass,pass with deficiency(ies)or fail. Weaver & Tidwell, L.L.P. has received a peer review rating of pass. Eide Bailly LLP ` Page 62 Item 8. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Fiber Relocation – Public Works Site Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a contract between TDC2, L.L.C., and the Town of Prosper, Texas, related to relocating the fiber network infrastructure located on the Public Works site in an amount not to exceed $76,621. Description of Agenda Item: The fiber cable servicing Public Works, Prosper Police Department, Prosper 911 Dispatch, and Prosper Central Fire & Admin runs through the parking lot of the Public Works facility and part of that cable run is in an area slated to be disturbed by site work for the new structure(s) being built. In order to prevent an interruption in network connectivity at the above-mentioned facilities, the fiber run needs to be permanently relocated to the right-of-way. The project will utilize an ILA with the City of Frisco to use contract 2408-120. Budget Impact: The cost of the relocation project is $76,621 and will be funded from Public Safety Bond funds. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. TDC2 Proposal Town Staff Recommendation: Town Staff recommend the Town Council approve authorizing the Town Manager to execute a contract between TDC2, L.L.C., and the Town of Prosper, Texas, related to relocating fiber network infrastructure located on the Public Works site in an amount not to exceed $76,621. INFORMATION TECHNOLOGY Page 63 Item 9. Page 2 of 2 Proposed Motion: I move to approve authorizing the Town Manager to execute a contract between TDC2, L.L.C., and the Town of Prosper, Texas, related to relocating fiber network infrastructure located on the Public Works site in an amount not to exceed $76,621. Page 64 Item 9. February 21, 2025 TDC2 634 N. Ballard Ave., Wylie, Texas 75098 To: Leigh Johnson Director of Information Technology 250 W FIRST ST PROSPER, TX 75078 Direct: 972.569.1150 ljohnson@prospertx.gov Proposal: Town of Prosper: New Public Works Facility – Fiber Relocation Contractor: TDC2, LLC 634 N Ballard Ave Wylie, TX 75098 Date: 2/21/2025 Scope of Work: Provide labor, equipment and material to perform relocation of conduit, handholes and fiber to mitigate potential conflict with New Public Works Facility Construction Site of Work: Town of Prosper, Texas Compensation: Upon acceptance of this proposal, the Cient shall make Compensation and Payment for the work authorized in this proposal as per the following payment schedule: • 100% lump sum payment, net 15 days after invoice. The quote for this work is a day rate of $76,620.50. . When remitting payment please PAY TO THE ORDER OF: TDC2, 634 N. Ballard Ave., Wylie, Texas 75098 Schedule of Values Unit Description Unit Type Unit Qty Material Unit Cost Labor Unit Cost Total Unit Cost Extended Cost Engineering, Design & Permitting Foot 2,450.00 $ - $ 1.25 $ 1.25 $ 3,062.50 Provide and Place 3 X 1.25" HDPE SDR11 conduits via Directional Drill at 36" depth w/ Toner wire Foot 2,450.00 $ 4.00 $ 17.00 $ 21.00 $ 51,450.00 Provide and Place 24" x 36"x 24" Hand Hole Foot 2.00 $ 775.00 $ 750.00 $ 1,525.00 $ 3,050.00 Provide and Place Armored 144-ct Fiber Optic Cable into New Conduit Foot 2,450.00 $ 1.50 $ 1.00 $ 2.50 $ 6,125.00 Provide and Place 100ft 144-ct Slack Loop in New Hand Hole Each 200.00 $ 1.50 $ 1.00 $ 2.50 $ 500.00 Provide and Place Fiber Marker Post Each 2.00 $ 25.00 $ 25.00 $ 50.00 $ 100.00 Provide and Place Splice Enclosure Each 2.00 $ 525.00 $ 250.00 $ 775.00 $ 1,550.00 Splice & Test Each 288.00 $ 0.25 $ 36.00 $ 36.25 $ 10,440.00 As-Built CADD Updates Foot 2,450.00 $ - $ 0.14 $ 0.14 $ 343.00 Total $ 1,332.25 $ 1,081.39 $ 2,413.64 $ 76,620.50 Fiber Optic Cable Relocation to Mitigate Conflict with New Public Works Facility Page 65 Item 9. February 21, 2025 TDC2 634 N. Ballard Ave., Wylie, Texas 75098 By executing this proposal, you agree to the scope of work and payment terms and conditions identified within this document. ________________________________ _____________________________ Leigh Johnson Date Director of Information Technology 250 W FIRST ST PROSPER, TX 75078 Direct: 972.569.1150 ljohnson@prospertx.gov _____February 21, 2025_________ Scott Mackinaw Date VP, Engineering TDC2, LLC 469-999-7411 smackinaw@tdc2.com Page 66 Item 9. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Fiber Network Connectivity – Fire Station 4 Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a contract between Astound Business Solutions and the Town of Prosper, Texas, related to establishing fiber network connectivity from Town Hall to Fire Station 4. Description of Agenda Item: The contract associated with this item is for the construction and implementation of a fiber-backed connectivity infrastructure enabling reliable, high-speed connectivity between Town Hall and Fire Station 4. The contract term is 96 months, with a reduction in the monthly rate at the 60-month anniversary. A non-discretionary budget package for this item has been included in the proposed FY26 budget, however it is being submitted for approval today so that construction can begin well in advance of the facility opening early next year. Billing will not begin until the connection is fully installed and active, sometime after October 1, 2025. Budget Impact: The monthly recurring cost for the connection is $1,150 ($13,800 annually, $69,000 cost over 60 months, estimated cost of $94,020 over 96 months with the lower monthly rate after 60 months taken into consideration) and will be charged to 11014010-55033 (Data Network). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Service Order 2. Master Services Agreement INFORMATION TECHNOLOGY Page 67 Item 10. Page 2 of 2 Town Staff Recommendation: Town Staff recommend the Town Council approve authorizing the Town Manager to execute a contract between Astound Business Solutions and the Town of Prosper, Texas, related to establishing fiber network connectivity from Town Hall to Fire Station 4. Proposed Motion: I move to approve authorizing the Town Manager to execute a contract between Astound Business Solutions and the Town of Prosper, Texas, related to establishing fiber network connectivity from Town Hall to Fire Station 4. Page 68 Item 10. SERVICE ORDER pg. 1 Astound Business Solutions, LLC / Town of Prosper 6/10/2025 PROPRIETARY AND CONFIDENTIAL Service Order This Service Order (this “Service Order”) is entered into as of the date of last signature below (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and the customer specified below (“Customer”). This Service Order is made pursuant to and will be governed by that certain Master Services Agreement for Enterprise Services (the “MSA”) executed separately between Provider and Customer. All capitalized terms used but not defined in this Service Order shall have the meanings given to them in the MSA. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, (iii) Wave Business Solutions, LLC, and (iv) Digital West Networks, Inc. CUSTOMER NAME CUSTOMER DBA CUSTOMER POINT OF CONTACT CUSTOMER BILLING ADDRESS Town of Prosper Name: Leigh Johnson Email: ljohnson@prospertx.gov Office: 972-569-1150 Mobile: P.O. Box 307ProsperTX75078 EXISTING ACCOUNT NUMBER ASTOUND SALES REP ASTOUND SALES SEGMENT 0 - Christopher Cox - 772618 Enterprise INITIAL SERVICE TERM SERVICE ORDER REFERENCE NUMBER 96 months OP454705 Provider shall provide to Customer the services set forth below (each, a “Service”), at the location(s) set forth below (each, a “Service Site”), in exchange for the one-time, non- recurring installation charge (“NRC”), and the monthly recurring service charges (“MRC”) set forth below: PRODUCT LINE ITEM Z-LOC ADDRESS (PRIMARY) Z-LOC DEMARC A-LOC ADDRESS A-LOC DEMARC UNITS MRC / UNIT TOTAL MRC NRC / UNIT TOTAL NRC E-LAN 1 Gb 3980 E Prosper Trail , Prosper, TX 75078, USA Cust Prem N/A 1 $1,150.00 $1,150.00 $0.00 $0.00 NOTE: If the Demarcation Point listed above for a Service Site is the MPOE, then Customer is responsible for providing any necessary demarc extension / additional inside wiring to reach the Customer’s premises/suite. TOTALS $1,150.00 $0.00 Note: The charges listed above do not include applicable taxes, fees and surcharges. Page 69 Item 10. SERVICE ORDER pg. 2 Astound Business Solutions, LLC / Town of Prosper 6/10/2025 PROPRIETARY AND CONFIDENTIAL NOTES TIPS Contract-230105 Grande Communications Networks LLC dba Astound Business Solutions Astound will not start billing or pass on any cost until the Town of Prosper is ready to accept services after October 1st of 2025. The monthl y cost will reduce to $695.00 a month after 60 months of this 96 month agreement. Page 70 Item 10. SERVICE ORDER pg. 3 Astound Business Solutions, LLC / Town of Prosper 6/10/2025 PROPRIETARY AND CONFIDENTIAL The submission of this Service Order to Customer by Provider does not constitute an offer. Instead, this Service Order will become effective only when both parties h ave signed it. The date this Service Order is signed by the last party to sign it (as indicated by the date associated with that pa rty’s signature) will be deemed the Effective Date of this Service Order. \as1\ \ocs1\ Authorized Customer Signature Authorized Provider Signature Mario Canizarezan1\ \ocn1\ Printed Name Printed Name Town Manager\at1\ \oct1\ Title Title \ad1\ \ocd1\ Date Signed Date Signed Page 71 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 1 Astound Business Solutions, LLC 01/30/2023 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER This Master Services Agreement for Enterprise Services (this “MSA”) is entered into as of this ______ day of , 2023 (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and , a (“Customer”). For purposes of this MSA, the term “Affiliate” shall mean any other person which directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the first person or any of its subsidiaries. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC. Each of Provider and Customer may be referred to in this MSA as a “Party” and together as the “Parties.” ARTICLE 1 – STRUCTURE OF AGREEMENT 1.1 Purpose of MSA. Provider and its Affiliates provide various facilities-based telecommunications services, including Ethernet transport, dedicated internet access, phone over fiber, dark fiber, and related services (as applicable, the “Services”). This MSA is neither an agreement to purchase n or a commitment to provide Services. The purpose of this MSA is to provide the general terms, conditions and framework within which Customer and its Affiliates may from time to time purchase Services from Provider and its Affiliates, pursuant to one or more “Service Orders,” as described in Section 1.2 below. 1.2 Service Orders. The purchase of Services shall be accomplished only through the negotiation and mutual execution a nd delivery of a Service Order memorializing the terms and conditions pursuant to which Provider shall provide the desired Servi ces to Customer. Service Orders shall clearly specify the following: (i) the type of Service at issue (e.g., Internet access, data transport, VoIP, dark fiber, etc.); (ii) the location(s) at which the Service is to be provided (each, a “Service Site”); (iii) the initial term of the Service Order (the “Initial Service Term”); (iv) the pricing for the Service, including (a) the monthly recurring charges (“MRC”) for the Service, and (b) any non-recurring charges (“NRC”) associated with installation of the Service; and (v) any other terms or conditions specific to the particular Service Order. Each fully-executed Service Order shall be governed by and become part of this MSA, and this MSA together with all fully-executed Service Orders shall be collectively referred to as the “Agreement.” Depending on the location of the Service Site, in some instances Services may be provided by an Affiliate of Provider. 1.3 Additional Documents Comprising Agreement; Order of Precedence. If one or more Service Level Agreements are attached to this MSA as Exhibits (the “SLA”), the SLA constitutes a part of this MSA. Customer’s use of any Services purchased pursuant to the Agreement will also be governed by Provider’s Acceptable Use Policy for Commercial Services (the “AUP”) which is posted on Provider’s website at http://www.astound.com/business/aup. Additional provisions that are applicable only to specific types of Services are contained in Provider’s Service-Specific Terms and Conditions (the “Service-Specific T&Cs”) which is posted on Provider’s website at http://www.astound.com/business/service-terms. In the event of a conflict between the provisions of any of the foregoing documents, the documents shall have the following order of precedence unless expressly sta ted otherwise in a particular Service Order: (i) this MSA (including the SLA); (ii) the applicable Service Order; (iii) the AUP; and (iv) the Service-Specific T&Cs. ARTICLE 2 – TERM AND RENEWAL 2.1 Term of MSA. The term of this MSA (the “MSA Term”) shall be for five (5) years, commencing on the Effective Date and expiring on the date that is one day prior to the fifth (5th) anniversary of the Effective Date. Notwithstanding the foregoing, so long as any one or more Service Orders entered into pursuant to this MSA remain in effect, this MSA shall not terminate with respe ct to said Service Orders but shall continue to govern s ame until the expiration or termination of said Service Orders. 2.2 Term of Service Orders. The Initial Service Term of each Service Order shall be as specified in the Service Order. Upon expiration of the Initial Service Term, unless either Party termi nates the Service Order by giving written notice of termination to the other Party not less than thirty (30) days prior to the end of the Initial Service Term, this Service Order will begin to automatically renew on a month-to-month basis (the “Renewal Term”). During the Renewal Term, either Party may terminate this Service Order by giving no less than thirty (30) days’ advance written notice of termination to the other Party. Written notice of termination by Customer must be given to Provider by completing and submitting the online “Change of Service” form on the Page 72 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 2 Astound Business Solutions, LLC 01/30/2023 Astound Business Solutions website located at http://www.astound.com/business/support/macd. The total period of time a Service Order is in effect is referred to as the “Service Term” for the Service Order at issue. ARTICLE 3 – INSTALLATION, TESTING, ACCEPTANCE AND USE 3.1 Service Site; Demarcation Points; Equipment. Unless a Service Site is within Provider’s control, Customer shall provide Provider with access to the Service Site as and to the extent reasonably necessary for Provider to install, test, inspect and maintain the Service(s) ordered during the Service Term. Unless otherwise stated in a Service Order: (i) Provider shall be solely responsible for the provision, operation and maintenance of all equipment and facilities (the “Provider Equipment”) necessary to connect Provider’s network facilities to the Customer demarcation point(s) at the Service Site (the “Demarcation Point(s)”); and (ii) Customer shall be solely responsible for the provision, operation and maintenance of all equipment and facilities (the “Customer Equipment”) from the Demarcation Point(s) to Customer’s internal network. Unless a Service Site is within Provider’s control, Customer shall be responsible for maintaining appropriate conditions at the Service Site, including HVAC, electrical power, and security. Title to the Provider Equipment shall at all times remain vested in Provider. Customer shall not re-arrange, disconnect, tamper with, attempt to repair, or otherwise interfere with the Provider Equipment, nor shall Customer permit any third party to do so. 3.2 Testing, Acceptance and Service Commencement Date. Provider shall use commercially reasonable efforts to install the Services consistent with Provider’s usual and customary installation timeline, and shall endeavor to keep Customer regularly informed regarding installation progress. Provider shall notify Customer when a Service has been installed and is ready for testing and use. Customer may, at Customer’s option, participate in Provider’s final testing of the Service. For Services having a committed bandwidth, the committed information rate shall be measured at the Ethernet layer and includes the Ethernet frame itself. The Initial Service Term for the Service at issue shall commence on the date on which the Service has been installed, tested and is active and available for use by Customer (the “Service Commencement Date”). Customer shall have a period of five (5) business days after the Service Commencement Date in which Customer may notify Provider that the Service at issue is not functioning proper ly. If Customer notifies Provider of problems with a Service pursuant to this Section 3.2, Provider shall investigate and correct same and the Service Commencement Date shall be revised to be the first calendar day after the date on which Provider has correcte d the problems. Unless Customer delivers notification of problems to Provider within the time period set forth above, Customer shall be deemed to have accepted the Service at issue and to have confirmed that the Service has been installed and is functi oning properly as of the Service Commencement Date. 3.3 No Sub-Licensing; Non-Compete. Any Services provided to Customer pursuant to the Agreement are for the sole benefit of Customer. Customer shall not grant to any third party the right to use any of the Services, regardless of whether such gr ant were to take the form of a license, sublicense, lease, sublease, or any other form. Nor shall Customer use the Services for commercial purposes that are competitive with Provider’s business (e.g., use the Services to sell Internet access services, p oint-to- point data transport services, VoIP services, etc., to third parties within Provider’s service area). ARTICLE 4 – PAYMENT AND BILLING 4.1 Invoicing. All amounts owed by Customer to Provider under the Agreement shall be collectively referred to as “Fees.” Provider shall begin billing Customer for the MRC applicable to a Service as of the Service Commencement Date. Invoices shal l be delivered monthly, and shall be paid by Customer within sixty (60) days of receipt. Fixed Fees shall be billed in advance and usage-based Fees shall be billed in arrears. Fixed fees for any partial month shall be pro-rated. For Services having an NRC, unless otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full-execution of the Service Order. Except for amounts disputed in good faith by Customer pursuant to Section 4.2 below, past due amounts shall bear interest in the amount of 1.0% per month, or the highest amount allowed by law, whichever is lower. 4.2 Disputed Invoices. If Customer in good faith disputes any portion of a Provider invoice, Customer shall pay the undisputed portion of the invoice and submit written notice to Provider regarding the disputed amount, which notice shall include documentation supporting the alleged billing error (each such notice, a “Fee Dispute Notice”). A Fee Dispute Notice must be submitted to Provider within ninety (90) days from the date the invoice at issue is received by Customer. Customer waives the right to dispute any Fees not disputed within such ninety (90) day period. The Parties shall negotiate in good faith to attempt to resolve any such disputes within sixty (60) days after Customer’s delivery of the applicable Fee Dispute Notice. Page 73 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 3 Astound Business Solutions, LLC 01/30/2023 4.3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of Applicable Taxes (as defined below). Except for taxes based on Provider’s net income or taxes for which Customer possesses a valid exemption certificate, Customer shall be responsible for payment of all applic able taxes and regulatory fees, however designated, that arise in any jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, bypass, or other taxes, fees, assessments, duties, charges or surcharges, that are imposed on, incident to, or based upon the provision, sale, or use of the Service(s) (collectively “Applicable Taxes”). The Applicable Taxes will be individually identified on invoices. If Customer is entitled to an exemption from any Applica ble Taxes, Customer is responsible for presenting Provider with a valid exemption certificate (in a form reasonably acceptable to Provider). Provider will give prospective effect to any valid exemption certificate provided in accordance with the preceding sentence. ARTICLE 5 – DEFAULT AND REMEDIES 5.1 Customer Default. Each of the following shall constitute a default by Customer under the Agreement (each a separate event of “Default”): (i) if Customer fails to pay any undisputed Fees when due, the failure of Customer to cure same within fifteen (15) days after receiving written notice from Provider regarding such failure to pay; (ii) if Customer fails to comply with any other material provision of the Agreement, the failure of Customer to cure same with in thirty (30) days of receiving written notice from Provider regarding such non-compliance; or (iii) if Customer files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appo intment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days. 5.2 Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option: (i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate all Service Orders entered into with Customer; and/or (iv) pursue any other remedy available to Provider under the Agreement or applicable law. In the event of early termination for Customer Default pursuant to this Section 5.2, to the extent not prohibited by applicable law, Customer shall pay to Provider the Termination Charge described in Section 6.4 below. 5.3 Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (i) if Provider fails to comply with any material provision of the Agreement other th an provisions of the SLA, the failure by Provider to cure same within thirty (30) days of receiving written notice from Customer regarding such non -compliance; or (ii) Provider files or initiates proceedings, or has proceedings initiated against it, seekin g liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days. 5.4 Remedies for Provider Default. In the event of a Default by Provider under the Agreement Customer may, at its option: (i) terminate the applicable Service(s) and/or the applicable Service Order(s); and/or (ii) pursue any other remedy available to Customer under the Agreement or applicable law. Early termination by Customer shall be accomplished by providing termination notice to Customer’s account manager and to the notice address specified in Article 11 below. In the event of early termination for Provider Default pursuant to this Section 5.4, Provider shall reimburse Customer for any pre-paid, unused monthly service Fees attributable to the terminated Service(s) and/or Service Order(s), and Customer shall have no further liability to Provider for the terminated Service(s) and/or Service Order(s). Early termination by Customer pursuant to this Section 5.4 shall not relieve Customer of its obligations to pay all Fees incurred prior to the early termination date. ARTICLE 6 – EARLY TERMINATION & PORTABILITY 6.1 Early Termination for Non-Appropriation. Customer is a Texas governmental entity subject to legislative appropriation requirements and provisions of the Texas Constitution that may limit Customer’s ability to incur contractual debts . Accordingly, notwithstanding anything to the contrary contained elsewhere in this MSA or in an y Service Order, in the event that, for any future fiscal period, sufficient funds are not appropriated or allocated for payment of any one or more Service Orders, Customer may terminate the Service Order at issue as a matter of public convenience without incurring a Termination Charge or any other early Page 74 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 4 Astound Business Solutions, LLC 01/30/2023 termination fee. If and when Customer becomes aware that non -allocation of funds for the coming fiscal period appears likely, Customer shall use reasonable efforts to notify Provider of that possibility prior to the end of the then-current fiscal period. Once the non-appropriation decision has been made, Customer shall, as soon as reasonably practicable, deliver written notice of termination for non-appropriation to Provider specifying which Service or Services and/or which Service Order or Service Orders are being terminated for non-appropriation and the date on which such early termination shall occur. Customer shall remain obligated to pay for all Services delivered through the date of termination. 6.2 Early Termination for Customer Convenience. Customer may, at any time after executing a Service Order, discontinue one or more of the Services ordered and/or terminate the Service Order by giving at least thirty (30) days’ advance written notice to Provider by completing and submitting the online “Change of Service” form on the Astound Business Solutions website located at http://www.astound.com/business/support/macd. Any early termination of a Service pursuant to this Section 6.2 shall be referred to as “Termination for Customer Convenience.” In the event of Termination for Customer Convenience, to the extent not prohibited by applicable law, Customer shall pay to Provider the Termination Charge described in Section 6.4 below. 6.3 Early Termination for Default. In accordance with Article 5 above, either Party may elect to terminate one or more Service Orders prior to the scheduled expiration date in the event of an uncured Default by the other Party. 6.4 Termination Charge. (a) Local Governmental Entities Under Texas Local Gov’t Code § 271.151. The provisions of this Subsection 6.4(a) shall apply only if the Customer is a “local governmental entity” as that term is defined in Texas Local Gov’t Code § 271.151. In the event of Termination for Customer Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall, consistent with Texas Local Gov’t Code § 271.153(a), pay Provider a “Termination Charge” to compensate Provider for the direct damages Provider suffered as a result of Customer’s Termination for Customer Convenience or as a result of Customer’s Default, as applicable. To the extent permitted by law, the Termination Charge shall equal the sum of the following: (a) all unpaid amounts for Services actually provided prior to the termination date; (b) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; (c) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination o f the Services (provided, that Provider shall use good faith, commercially reasonable efforts to mitigate such third par ty cancellation charges); (d) one hundred percent (100%) of all remaining MRC Customer was to pay Provider for the Service during the first (1st) year of the Service Term; (e) seventy-five percent (75%) of all remaining MRC Customer was to pay Provider for the Service during the second (2nd) year of the Service Term; (f) fifty percent (50%) of all remaining MRC Customer was to pay Provider for the Service during the third (3rd) year of the Service Term; (g) twenty-five percent (25%) of all remaining MRC Customer was to pay provider for the Service during the fourth (4th) and later years of the Service Term (if applicable); and (h) if and to the extent not already recovered by Provider pursuant to items (a) through (g) above, any additional amount s necessary in order for Provider to recoup its actual, documented out-of-pocket costs incurred in extending its communications network to reach the Service Sites at issue and install the Services at issue, calculated on a time and materials basis plus a 15% administrative mark-up. Notwithstanding anything to the contrary provided in the immediately preceding sentence, in no event shall the amount of the Termination Char ge, when added to the total amount of Fees already paid by Customer to Provider for the Services at issue prior to the early termination, exceed the total amount Customer would have paid for the Services pursuant to the Service Order had the Service s not been terminated early. If incurred, the Termination Charge will be due and payable by Customer within forty-five (45) days after the termination date of the Service(s) at issue. Customer acknowledges and agrees that the calculation of the Termination Charge represents a genuine estimate of Provider’s actual direct damages, is not a penalty or windfall and does not consist of consequential or exemplary damages prohibited by Texas Local Gov’t Code § 271.153(b). If this Subsection 6.4(a) is found to be unlawful, invalid and/or unenforceable, then Provider shall be entitled to such damages as are authorized by law. (b) State Agencies and Institutions of Higher Education Under Texas Gov’t Code § 2260.001. The provisions of this Subsection 6.4(b) shall apply only if the Customer is a “unit of state government” or an “institution of higher education” as those terms are defined in Texas Gov’t Code § 2260.001. In the event of Termination for Customer Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall, consistent with Texas Gov’t Code § 2260.003, pay Provider a “Termination Charge” to compensate Provider for the direct damages Provider suffered as a result of Page 75 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 5 Astound Business Solutions, LLC 01/30/2023 Customer’s Termination for Customer Convenience or as a result of Customer’s Default, as applica ble. To the extent permitted by law, the Termination Charge shall equal the sum of the following: (a) all unpaid amounts for Services actually provided prior to the termination date; (b) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; (c) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination of the Services (provided, that Provider sh all use good faith, commercially reasonable efforts to mitigate such third party cancellation charges); (d) one hundred percent (100%) of all remaining MRC Customer was to pay Provider for the Service during the first (1st) year of the Service Term; (e) seventy-five percent (75%) of all remaining MRC Customer was to pay Provider for the Service during the second (2 nd) year of the Service Term; (f) fifty percent (50%) of all remaining MRC Customer was to pay Provider for the Service during the third (3rd) year of the Service Term; (g) twenty- five percent (25%) of all remaining MRC Customer was to pay provider for the Service during the fourth (4 th) and later years of the Service Term (if applicable); and (h) if and to the extent not already recovered by Provider pursuant to items (a) through (g) above, any additional amounts necessary in order for Provider to recoup its actual, documented out-of-pocket costs incurred in extending its communications network to reach the Service Sites at issue and install the Services at issue, calculated on a time and materials basis plus a 15% administrative mark-up. Notwithstanding anything to the contrary provided in the immediately preceding sentence, in no event shall the amount of the Termination Charge, when added to the total amount of Fees already paid by Customer to Provider for the Services at issue prior to the early termination, exceed the total amount Customer would have pa id for the Services pursuant to the Service Order had the Services not been terminated early. If incurred, the Termination Charge will be due and payable by Customer within forty-five (45) days after the termination date of the Service(s) at issue. Customer acknowledges and agrees that the calculation of the Termination Charge represents a genuine estimate of Provider’s actual direct damages, is not a penalty or windfall and does not consist of consequential or exemplary damages prohibited by Texas Gov’t Code § 2260.003(c). If this Subsection 6.4(b) is found to be unlawful, invalid and/or unenforceable, then Provider shall be entitled to such damages as are authorized by law. (c) Counties Under Texas Local Gov’t Code § 262.001 et seq. The provisions of this Section 6.4(c) shall apply only if the Customer is a county generally governed by Texas Local Gov’t Code § 262.001 et seq. In the event of Termination for Customer Convenience pursuant to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above, Customer shall, consistent with applicable law, pay Provider a “Termination Charge” to compensate Provider for the direct damages Provider suffered as a result of Customer’s Termination for Customer Convenience or as a result of Customer’s Default, as applicable. To the extent permitted by law, the Termination Charge shall eq ual the sum of the following: (a) all unpaid amounts for Services actually provided prior to the termination date; (b) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; (c) with respect to off-net Services only, any documented cancellation or termination charges or fees imposed on Provider by any third party in connection with the early termination of the Services (provided, that Provider shall use good faith, commercially reasonable efforts to mitigate such third party cancellation charges); (d) one hundred percent (100%) of all remaining MRC Customer was to pay Provider for the Service during the first (1st) year of the Service Term; (e) seventy-five percent (75%) of all remaining MRC Customer was to pay Provider for the Service during the second (2nd) year of the Service Term; (f) fifty percent (50%) of all remaining MRC Customer was to pay Provider for the Service during the third (3rd) year of the Service Term; (g) twenty- five percent (25%) of all remaining MRC Customer was to pay provider for the Service during the fourth (4 th) and later years of the Service Term (if applicable); and (h) if and to the extent not already recovered by Provider pursuant to items (a) through (g) above, any additional amounts necessary in order for Provider to recoup its actual, documented out-of-pocket costs incurred in extending its communications network to reach the Service Sites at issue and install the Services at issue, calculated on a time and materials basis plus a 15% administrative mark-up. Notwithstanding anything to the contrary provided in the immediately preceding sentence, in no event shall the amount of the Termination Charge, when added to the total amount of Fees already paid by Customer to Provider for the Services at issue prior to the early termination, exceed the total amount Customer would have pa id for the Services pursuant to the Service Order had the Services not been terminated early. If incurred, the Termination Charge will be due and payable by Customer within forty-five (45) days after the termination date of the Service(s) at issue. Customer acknowledges and agrees that the calculation of the Termination Charge represents a genuine estimate of Provider’s actual direct damages, is not a penalty or windfall and does not consist of consequential or exemplary damages prohibited by Texas Local Gov’t Code § 262.007(c). If this Subsection 6.4(c) is found to be unlawful, invalid and/or unenforceable, then Provider shall be entitled to such damages as are authorized by law. 6.5 Portability; Substitution of Services. At any time during the Service Term of a Service Order, Customer may elect to Page 76 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 6 Astound Business Solutions, LLC 01/30/2023 substitute new Services for then-existing Services. In such event, Provider will waive the Termination Charge associated with the termination of the then -existing Services as long as: (i) the Fees payable to Provider in connection with the substitute Services are equal to or greater than the Fees of the discontinued Services; (ii) Customer commits to retain the substitute Services for a period equal to or greater than the remainder of the Service Term for the discontinued Services; (iii) Customer pays all applicable installation and other NRCs, if any, for provision of the substitute Services; and (iv) Customer reimburses Provider for all reasonable and documented engineering, installation and construction costs associated with the discontinued Services, calculated on a time and materials basis, that have not already been recovered by Provider by the time of the substitution. ARTICLE 7 – LIMITATION OF LIABILITY 7.1 General Limitations. Neither Party shall be liable to the other Party for any loss or damage occasioned by a Force Majeure Event. Except for Customer’s obligation to pay Fees, each Party’s aggregate liability to the other Party for any and all causes and claims arising under the Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the lesser of: (i) the actual direct damages sustained by the injured Party; or (ii) an amount equivalent to the total MRC received by Provider from Customer for the Service(s) at issue during the twelve (12) month period immediately preceding the event giving rise to the claim. 7.2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer’s sole and exclusive remedy for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agree ment. 7.3 No Special Damages. EXCEPT FOR CLAIMS ARISING FROM A PARTY’S INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR INCURRED IN CONNECTION WITH A PARTY’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES. 7.4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. 7.5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES, SERVICE INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER’S NETWORK, ANY CUSTOMER EQUIPMENT FAILURES, OR ANY OTHER SUCH CAUSES, AND CUSTOMER USES THE SERVICES AT CUSTOMER’S OWN RISK. CUSTOMER SHALL BE RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY SERVICES. ARTICLE 8 – FORCE MAJEURE EVENTS Neither Party shall be liable for any delay in or failure of performance hereunder due to causes beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever e weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regio nal emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military governmental authority (each, a “Force Majeure Event”). If any Force Majeure Event causes an increase in the time required for performance of any of its duties or obligations, the affected Party shall be entitled to an equitable extension of time for completion. If the delay in performance caused by the Force Majeure Event exceeds thirty (30) days, either Party may terminate the Agreement or the applicable Service Order(s) immediately on written notice to the other Party, without incurring any liability in connection with such termination. Page 77 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 7 Astound Business Solutions, LLC 01/30/2023 ARTICLE 9 – DISPUTE RESOLUTION 9.1 Good Faith Negotiations. To the extent not prohibited by applicable law, except for actions seeking a temporary restraining order or injunction, in the event any controversy, disagreement or dispute (each, a “Dispute”) arises between the Parties in connection with this Agreement, the Parties shall first use good faith efforts to resolve the Dispute through negotiation. In the event of a Dispute, either Party may give the other Party written notice of the Dispute (each, a “Dispute Notice”). The parties will meet and attempt to resolve the Dispute within sixty (60) days of the date on which the Dispute Notice is delivered. All discussions occurring and documents exchanged during negotiations under this Section are confidential and inadmissible fo r any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation process. If the Parties do not resolve the Dispute within the sixty (60) day period, either of the Parties may pursue any remedy available to it under this Agreement, at law or in equity. 9.2 Units of State Government Subject to Texas Gov’t Code § 2260.004. The provisions of this Section 9.2 shall apply only if the Customer is an entity subject to Texas Gov’t Code § 2260.004. Notwithstanding anything to the contrary contained elsewhere in this Agreement, in the event any Dispute arises between the Parties in connection with this Agreement, the Parties shall resolve the Dispute using the dispute resolution process required by Texas Gov’t Code § 2260.004. 9.3 Governing Law and Venue. The Agreement and all matters arising out of the Agreement shall be governed by the laws of the State of Texas. Any judicial action arising in connection with the Agreement shall be in the District Court of the State of Texas in and for the county in which the Services at issue are provided, or in the Federal District Court for the District in which the Services at issue are provided, as applicable. ARTICLE 10 – ASSIGNMENT AND ASSUMPTION Except as otherwise provided in this Article 10, neither Party shall assign, delegate or otherwise transfer the Agreement or its obligations under the Agreement, in whole or in part, without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may, without the necessity of obtaining the other Party’s consent, assign its interest in and to the Agreement to: (i) any entity acquiring such Party, whether by merger or through purchase of substantially all the assets of such Party; (ii) a lender as an asset securing indebtedness; or (iii) an Affiliate of such party; provided, that in the event of a transfer to an Affiliate, the transferring Party shall continue to remain liable for the obligations under the Agreement. ARTICLE 11 – NOTICES Unless otherwise provided elsewhere in the Agreement, any notice to be given to either Party under the Agreement will be in writing and directed to the addresses set forth below. Notices will be deemed received (i) the next business day, when sent by reliable, commercial overnight courier; (ii) three (3) business days after being sent by certified mail, postage prepaid and return receipt requested; (iii) when actually received, if sent by email during the business hours of 9:00 a.m. to 5:00 p.m. (recipient’s time). Notices received after 5:00 p.m. (recipient’s time) will be effective the next business day. If to Provider: Astound Business Solutions, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 ATTN: Business Solutions If to Customer: With a Copy to: Astound Business Solutions, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 ATTN: Legal Department With a Copy to: Page 78 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 8 Astound Business Solutions, LLC 01/30/2023 Either Party may change its notice address by giving notice to the other Party in accordance with this Article. ARTICLE 12 – REPRESENTATIONS AND COVENANTS Each Party represents and covenants to the other as follows: (i) the execution and delivery of the Agreement and the performance of its obligations hereunder have been duly authorized; (ii) the Agreement is a valid and legal agreement binding on such parties and enforceable in accordance with its terms; (iii) to the best of its knowledge and belief, it is in material compliance with all laws, rules and regulations and court and governmental orders related to the operation of its business; and (iv) it shall comply with all applicable laws and regulations when exercising its rights and performing its obligations under the Agreement. ARTICLE 13 – MISCELLANEOUS 13.1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. The Agreement may only be modified or supplemented by an instrument executed by an authorized representative of each Party. The Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of the Agr eement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties. If any provision of the Agreement or the application thereof to any person or circumstance shall, for any reason and to any exten t, be found invalid or unenforceable, the remainder of the Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead cont inue in full force and effect. 13.2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a waiver of such rights. Nor shall a waiver by either Party of any particular breach or default constitute a waiver of any other breach or default or any similar future breach or default. Provider’s acceptance of any payment under the Agreement will not constitute an accord or any other form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will not release any claim by Provider for additional amounts due from Customer. 13.3 Relationship; No Third Party Beneficiaries. The Agreement is a commercial contract between Provider and Customer and the relationship between the Parties is that of independent contractors. Nothing in the Agreement creates any partnership, principal- agent, employer-employee or joint venture relationship between the Parties or any of their Affiliates, agents or employees for any purpose. The Agreement is for the sole benefit of Provider and Customer and is not intended to confer any rights on any other person; there are no third party beneficiaries of the Agreement. 13.4 Exhibits. The following Exhibits, which are attached to th is MSA, are incorporated herein and by this reference made a part of this MSA: EXHIBIT A - Service Level Agreement for Lit Fiber Services EXHIBIT B - Service Level Agreement for Dark Fiber & Wavelength Services 13.5 Computation of Time. Except where expressly provided to the contrary, as used in the Agreement, the word “day” shall mean “calendar day,” and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determinin g time periods specified in the Agreement. If the final date of any period of time set out in any provision of the Agreement falls upon a Saturday or a Sunday or a legal holiday, then in such event, the time of such period shall be extended to the next day that is not a Saturday, Sunday or legal holiday. As used in the Agreement, the term “busines s day” shall mean a day that is not a Saturday, Sunday or a legal holiday. 13.6 Counterparts; Electronic Signatures. This MSA and any Service Order entered into by the Parties pursuant to th is MSA may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. Any executed documents sent to the other Party in portable document format (pdf) images via email will be considered the same as an original document. The Parties consent to the use of electronic signatures. Page 79 Item 10. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 9 Astound Business Solutions, LLC 01/30/2023 The Parties are signing this MSA as of the Effective Date set forth in the preamble above. CUSTOMER: By Name: Title: PROVIDER: Astound Business Solutions, LLC, a Delaware limited liability company By Name: Title: [The remainder of this page is intentionally left blank.] Page 80 Item 10. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 10 Astound Business Solutions, LLC 01/30/2023 EXHIBIT A to Master Services Agreement for Enterprise Services Service Level Agreement for Lit Fiber Services This Service Level Agreement for Lit Fiber Services (this “SLA”) is a part of the Master Services Agreement for Enterprise Services – Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer. Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of lit fiber Services provided by Astound pursuant to the MSA: (a) dedicated Internet access services, (b) Ethernet transport services, and (c) voice services, including hosted voice. 1. AVAILABILITY SLA Astound’s Network is designed to provide a target Availability of at least 99.99% per month. If the Availability target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the ta ble below, which must be claimed as described in this SLA. Target Availability Duration of Service Outage Customer Credit as % of MRC for the applicable Circuit* 99.99% Availability Less than 4 minutes 20 seconds Target Met 4 min. 20 sec. up to 2 hours 5% > 2 hour up to 6 hours 10% > 6 hours up to 12 hours 20% > 12 hours up to 24 hours 35% > 24 hours 50% *Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit. 2. MEAN TIME TO RESTORE (“MTTR”) SLA In the event of Outages in Services due to failure or malfunction of the Astound Network or Astound Equipment, Astound’s CNOC is designed to provide a MTTR of 6 hours or less. If the target MTTR is not met for a particular circuit in a given calendar month, and Customer receives a Service from Astound on the circuit at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as described in this SLA. Target MTTR Actual MTTR Customer Credit as % of MRC for the applicable Circuit 6 hr MTTR ≤ 6 Hrs. Target Met > 6 Hrs. to 10 Hrs. 5% > 10 Hrs. to 18 Hrs. 10% > 18 Hrs. 20% 3. PACKET DELIVERY/PACKET LOSS SLA The Astound Network is designed to provide no greater than 0.1% Packet Loss. If the Packet Loss target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA. Customer credits for average monthly Packet Loss are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit. Page 81 Item 10. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 11 Astound Business Solutions, LLC 01/30/2023 Target Maximum Packet Loss Actual Packet Loss (lower end – upper end) Customer Credit as % of MRC for the applicable Circuit ≤ 0.1% Packet Loss 0% - 0.1% Target Met > 0.1% - 0.4% 5% > 0.4% - 0.7% 10% > 0.7% - 1.0% 25% > 1.0% 50% 4. LATENCY SLA The Astound Network is designed to provide a monthly average one-way Latency not to exceed the following: • For “Local Market” distances of ≤ 75 miles = 10 ms • For “Inter-Market” distances of between 76 – 750 miles = 20 ms • For “Long-Haul” distances of > 750 miles = 50 ms If the applicable Latency target is not achieved in a given month and Astound does not remedy the problem within fifteen (15) calendar days from the date on which Customer opens a Trouble Ticket with the Astound CNOC regarding excessive Latency, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA. Target Local Market Latency Target Inter-Market Latency Target Long-Haul Latency Actual One-Way Latency (lower end - upper end) Customer Credit as % of MRC for the applicable Circuit 10 ms or less 20 ms or less 50 ms or less ≤ Target Latency Target Met > Target up to 8 ms over Target 5% > 8 ms up to 15 ms over Target 10% > 15 ms up to 20 ms over Target 25% > 20 ms over Target 50% 5. NETWORK JITTER SLA The Astound Backbone Network is designed to have a monthly average one-way Network Jitter not to exceed the following: • For Local Market distances of ≤ 75 miles = 2 ms • For Inter-Market distances of between 76 – 750 miles = 5 ms • For Long-Haul distances of > 750 miles = 15 ms If the applicable Network Jitter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/30th of the MRC of the affected circuit for that month for each full 1ms of Network Jitter above the Network Jitter target set forth above. Any such credit must be claimed as described in this SLA. 6. CHRONIC OUTAGE If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different circuit/path for the Service and circuit/path that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the circuit/path that experienced the Chronic Outage without incurring any Termination Charge. 7. DEFINITIONS For purposes of this SLA the following terms shall have the meanings set forth below. Page 82 Item 10. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 12 Astound Business Solutions, LLC 01/30/2023 “Astound Backbone Network” means Astound’s core fiber backbone that connects Astound’s POPs and regional hubs. “Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations center, which is staffed 24x7x365. “Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astou nd. “Availability” means the ability of Customer to exchange Ethernet packets with the Astound Network via Customer’s router port. Availability is measured in minutes of uptime over the calendar month during which the Services are Available: % Availability = (Total Minutes in Month – Total Minutes of Unavailability in Month) (per calendar month) Total Minutes in Month For Ethernet Transport Services and VoIP Services, Availability is calculated at the individual circuit level, between Astound’s Backbone Network and the Customer’s router port. For Dedicated Internet Access Services, Availability is calculated from the Customer’s router port through the Astound Network to the handoff point for the Internet. Dedicated Internet Access Service Availability does not include the availability of the Internet itself or any particular Internet resource. Periods of Excused Outage are not included in Availability metrics. “Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the same circuit during a given calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR. “Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a material disruption to or outage in services provided by Astound and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outag es that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances. “Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance, (ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of which are reasonably necessary for Astound’s delivery of the Services to Customer. “Jitter” or “Network Jitter” refers to a variation in the interval at which packets are received, also described as the variability in Latency as measured in the variability over time of the packet Latency across a network. Jitter is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics. “Latency” means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point on Astound’s Network to another designated point on Astound’s Network. Latency is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Latency metrics. “Mean Time to Restore” or “MTTR” means the average time required to restore the Astound Network to a normally operating state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes Astound to repair all Service Outages on the specific circuit. MTTR is measured from the time an Outage related Trouble Ticket is generated by the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the Page 83 Item 10. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 13 Astound Business Solutions, LLC 01/30/2023 number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit: MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. “Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related Trouble Ticket is opened by the Customer and ends when the connection is restored , as measured by Astound. Unavailability does not include periods of Service degradation, such as slow data transmission. “Packet Loss” means the unintentional discarding of data packets in a network when a device (e.g., switch, router, etc.) is overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Packet Loss metrics. “Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s router is connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service. “Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem. Trouble Tickets may be generated by Astound pursuant to its internal network monitoring process, or by Customer’s reporting of a problem to the Astound CNOC. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the Astound CNOC and open a Trouble Ticket regarding the problem; Trouble Tickets generated internally by Astound will not provide a basis for Customer credits or Chronic Outage re medies. 8. CLAIMING CREDITS AND REMEDIES 8.1 Requesting SLA Related Credits and Chronic Outage Remedies . To be eligible for any SLA-related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable taxes charged to Customer or collected by Astound. (i) To claim SLA-related Service credits, Customer must do the following: (a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence giving rise to the claimed credit(s); (b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15) days after the end of the calendar month in which the incident giving rise to the credit(s) occurred; and (c) Provide the following documentation when requesting the credit(s): • Customer name and contact information; • Trouble Ticket number(s); • Date and beginning/end time of the claimed Outage or failed SLA metric; • Circuit IDs for each pertinent circuit/path; and • Brief description of the characteristics of the claimed Outage or failed SLA metric. (ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following: (a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventy- two (72) hours of the last Outage giving rise to the claimed remedy; (b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account Page 84 Item 10. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 14 Astound Business Solutions, LLC 01/30/2023 manager within thirty (30) days of the end of the calendar month in which the Chronic Outage occurred; and (c) Provide the following documentation when requesting the remedy: • Customer name and contact information; • Type of remedy requested (e.g., substitution or termination); • Trouble Ticket numbers for each individual Outage event; • Date and beginning/end time of each of the claimed Outages; • Trouble Ticket number for the Chronic Outage at issue; • Circuit IDs for each pertinent circuit/path; and • Brief description of the characteristics of the claimed Chronic Outage. If Customer fails to timely submit, pursuant to the procedure described in this Section, a requ est for any SLA-related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Cu stomer’s sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA applies. 8.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required. Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to provide the requested information to Astound. If Customer fails to provide the additional information within that time period, Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an SLA has been violated shall be final. 8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer wi ll not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the follo wing: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates; (v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause, or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date. Page 85 Item 10. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 15 Astound Business Solutions, LLC 01/30/2023 EXHIBIT B to Master Services Agreement for Enterprise Services Service Level Agreement for Dark Fiber & Wavelength Services This Service Level Agreement for Dark Fiber & Wavelength Services (this “SLA”) is a part of the Master Services Agreement for Enterprise Services – Governmental Customer (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer. Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of Services provided by Astound pursuant to the MSA: (i) dark fiber services, and (ii) wavelength services. 1. AVAILABILITY SLA Astound’s dark fiber paths and wavelengths are designed to provide a target Availability of at least 99.9% per calendar month. If the Availability target is not met with respect to a given dark fiber path or wavelength in a given calendar month, Customer will be entitled to a credit in the amount set forth below, which must be claimed as described in this SLA. Customer credits for Out ages of dark fiber or wavelength Services are calculated on an individual path basis, and the amount of any credit is based on the portion of MRC allocable to the affected Service. Duration of Unavailability Customer Credit as % of MRC for the applicable Service Less than 45 minutes Target Met 45 Min. up to 8 hours 5% > 8 hours up to 16 hours 10% > 16 hours up to 24 hours 20% > 24 hours 35% 2. MEAN TIME TO RESTORE (“MTTR”) SLA In the event of Outages in the Services, Astound’s CNOC is designed to provide a MTTR of no greater than 6 hours. If the target MTTR is not met for a particular dark fiber path or wavelength in a given calendar month, and Customer receives a Service from Astound on the path at issue, then Customer shall be entitled to remedies set forth in the table below, which mu st be claimed as described in this SLA. Target MTTR Actual MTTR Customer Credit as % of MRC for the applicable Service 6 hr MTTR ≤ 6 Hrs. Target Met > 6 Hrs. to 10 Hrs. 5% > 10 Hrs. to 18 Hrs. 10% > 18 Hrs. 20% 3. CHRONIC OUTAGE If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the followi ng remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different path for the Service that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the path that experienced the Chronic Outage without incurring any Termination Charge. Page 86 Item 10. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 16 Astound Business Solutions, LLC 01/30/2023 4. DEFINITIONS For purposes of this SLA the following terms shall have the meanings set forth below. “Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations center, which is staffed 24x7x365. “Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astound. “Availability” means the dark fibers or the wavelength at issue is available to and accessible by Customer at the specified locations, is capable of transmitting signals and can otherwise be used by Customer. Availability does not involve the quality of data transmission. Periods of Excused Outage are not included in the Availability metric. Astound does not monitor the use or availability of dark fiber or wavelength Services, thus any Outage must be reported to Astound by Customer. “Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the path during a given calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR. “Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a material disruption to or outage in Services provided by Astound and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outag es that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances. “Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance, (ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, electrical outages not caused by Astound, or any failure, unavailability, interruption or delay of third-party telecommunications network components the use of which are reasonably necessary for Astound’s delivery of the Services to Customer. “Mean Time to Restore” or “MTTR” means the average time required to restore the Service(s) to a normally operating state in the event of an Outage. MTTR is calculated on a path/route basis, as a monthly average o f the time it takes Astound to repair all Service Outages on the specific path/route. MTTR is measured from the time Customer opens an Outage related Trouble Ticket i s with the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit : MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. “Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include periods of Service degradation, such as slow data transmission. “Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s demarc is connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service. Page 87 Item 10. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 17 Astound Business Solutions, LLC 01/30/2023 “Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact t he Astound CNOC and open a Trouble Ticket regarding the problem. 5. CLAIMING CREDITS AND REMEDIES 5.1 Requesting SLA Related Credits and Chronic Outage Remedies . To be eligible for any SLA-related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable taxes charged to Customer or collected by Astound. (i) To claim SLA-related Service credits, Customer must do the following: (a) Open a Trouble Ticket with the Astound CNOC within twenty-four (24) hours of the occurrence giving rise to the claimed credit(s); (b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15) days after the end of the calendar month in which the incident giving rise to the credit(s) occurred; and (c) Provide the following documentation when requesting the credit(s): • Customer name and contact information; • Trouble Ticket number(s); • Date and beginning/end time of the claimed Outage or failed SLA metric; • Circuit IDs for each pertinent circuit/path; and • Brief description of the characteristics of the claimed Outage or failed SLA metric. (ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following: (a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventy- two (72) hours of the last Outage giving rise to the claimed remedy; (b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account manager within thirty (30) days of the end of the calendar month in which the Chronic Outage occurred; and (c) Provide the following documentation when requesting the remedy: • Customer name and contact information; • Type of remedy requested (e.g., substitution or termination); • Trouble Ticket numbers for each individual Outage event; • Date and beginning/end time of each of the claimed Outages; • Trouble Ticket number for the Chronic Outage at issue; • Circuit IDs for each pertinent circuit/path; and • Brief description of the characteristics of the claimed Chronic Outage. If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA -related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA applies. 5.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required. Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to provide the requested information to Astound. If Customer fails to provide the additional information within that time period, Page 88 Item 10. EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 18 Astound Business Solutions, LLC 01/30/2023 Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an SLA has been violated shall be final. 5.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the follo wing: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates; (v) Force Majeure Events; (vi) Astound’s inability (due to no fault of Astound) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Astound’s termination of the Service for cause, or as otherwise authorized by the Agreement; or (viii) Astound’s inability to deliver Service by Customer’s desired due date. [The remainder of this page is intentionally left blank.] Page 89 Item 10. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Subject – ZapStand Contract Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a contract between the Town of Prosper and ZapStand, LLC for the equipment lease, installation, maintenance, and management of four emergency kiosks with AEDs to be placed in Frontier, Lakewood, and Raymond Community Parks. Description of Agenda Item: Staff are requesting to enter into an agreement to lease four AED kiosks that will be placed in high traffic locations within three parks – Frontier Park (2 kiosks), Lakewood Park, and Raymond Community Park. The kiosks will provide unobstructed public access to AEDs in these three parks. The kiosks are owned by and will be managed and maintained by ZapStand, LLC. The Town is utilizing NCTCOG TXShare cooperative contract 2024-074. Frontier Park currently has AEDs located inside the concession stands, but these are only accessible during league play when concession stands are open. The AEDs require a climate- controlled environment which the kiosks offer. If technological advancements occur during the term of this agreement which render the units, or an element thereof, obsolete, the vendor shall promptly replace the obsolete units with new units at the vendor's sole cost and expense. Mayor Bristol, Director of Parks and Recreation Dan Baker, and members of the Fire Department were present at the initial presentation given by the vendor and agreed that these kiosks are important to the park system and community. The Parks and Recreation Board also received a presentation by staff and have recommended the addition of these kiosks at the listed parks. PARKS AND RECREATION DEPARTMENT Page 90 Item 11. Page 2 of 2 Budget Impact: Funds are available in FY 2024-2025 budget account 16061010 – 54800. The one-time leasing cost of $2,500 per unit for the equipment shall be paid by wire transfer or check in installments as follows: 50% at the time Customer signs the Service Agreement, and 50% at the acceptance of installation and activation of the equipment. The yearly Service Fee (for monitoring, maintenance, etc.) will grow at 3% per year and has an initial cost of $5,800.00 per ZapStand unit. Within 60 days after receiving payment of the Service Fee, the supplier will rebate back to the Town $3,300 per unit, such that the net effect to the Town is a cost of $2,500 per year + 3% growth for inflation in subsequent years. One-time Leasing Cost ($2,500 x 4 units) $10,000 Annual Service Fee ($5,800 x 4 units) $23,200 Total $33,200 Rebate ($3,300 x 4 units) $13,200 New Total $20,000 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. ZapStand Contract Town Staff Recommendation: Town Staff recommend approval of a contract between the Town of Prosper and ZapStand, LLC for the equipment lease, installation, maintenance, and management of four emergency kiosks with AEDs to be placed in Frontier, Lakewood, and Raymond Community Parks. Proposed Motion: I move to approve a contract between the Town of Prosper and ZapStand, LLC for the equipment lease, installation, maintenance, and management of four emergency kiosks with AEDs to be placed in Frontier, Lakewood, and Raymond Community Parks. Page 91 Item 11. ZAP STAND l REL £ LIFE SAVllfu MANAGED EQUIPMENT SERVICE LEVELS AND LEASE AGREEMENT ("SERVICE AGREEMENT") PART1 LEASE TERMS AND CONDITIONS 1.EQUIPMENT. Supplier is the sole owner of the emergency kiosks with Automatic External Defibrillators ("AEDs") and digital displays (collectively, the "Equipment") that are the subject of the Service Agreement. Customer owns, rents or controls certain real property at the site locations approved by Customer for placement of each Unit ("Premises"} and is authorized to enter into the Service Agreement. Supplier desires to place the Equipment on or in the Premises at locations selected by Customer for the purpose of deploying emergency AED kiosks for use by Customer's customers and/or the general public. Upon the request of Supplier, Customer agrees to grant Supplier the right to place the Equipment in certain outdoor locations approved by Customer. Supplier shall be responsible for the installation and maintenance of the Equipment. At the written request of Customer, from time to time one or more units of Equipment may be added to the Premises hereafter, in which case such additional Equipment shall be subject to the Service Agreement. The Equipment shall not be removed from the Premises except as otherwise provided in the Service Agreement. Supplier shall have the sole and exclusive right to sell, produce, manufacture, and place sponsorships for third parties or Customer on or within the Equipment, subject to the terms and conditions of the Service Agreement. 2.DAMAGE, THEFT, LIABILITY REQUIREMENTS. Customer shall make no alteration or addition to the Equipment, and shall not permit anyone, other than authorized representatives of Supplier, to perform any service, maintenance, removal, or repairs of the Equipment without Supplier's prior written approval during the term(s) of the Service Agreement, except as otherwise provided in the Service Agreement. In the event that Supplier contends that Customer has damaged the Equipment, Supplier shall be entitled to submit a claim to Customer, which will be reviewed and considered pursuant to Customer's then existing policies and procedures governing similar claims. 3.AVAILABILITY. Except as otherwise provided in the Service Agreement, Customer agrees for the term of the Service Agreement that Customer shall not make unavailable, obstruct or make inoperable the Equipment during normal business hours of the Premises. Each party shall reasonably notify the other party of any material change that a party becomes aware of in the condition of the Equipment. Supplier shall be responsible for any and all maintenance, repair, improvements or removal of the Equipment and sponsorship content during the term of the Service Agreement. In addition, Customer shall make the Equipment available to Supplier during reasonable business hours for maintenance, repair, improvements or the like. 4.CUSTOMER REPS & WARRANTIES. Customer warrants that it is the owner of the Premises or that if it holds a lease or option to renew the lease for a part or parts of the Premises that lease or option to renew a lease is of equal or greater length than the initial term of the Service Agreement. It is lawfully and duly constituted in compliance with all applicable laws, rules and regulations of the Federal Government, as well as the State, County and City in which Customer and the Equipment are located, and will observe all laws, rules and regulations relating to the use, licensing or operation of the Page 92 Item 11. Page 93 Item 11. Page 94 Item 11. Page 95 Item 11. Page 96 Item 11. Page 97 Item 11. Page 98 Item 11. Page 99 Item 11. Page 100 Item 11. Page 101 Item 11. Page 102 Item 11. Page 103 Item 11. Page 104 Item 11. Page 105 Item 11. Page 106 Item 11. Page 107 Item 11. Page 108 Item 11. Page 109 Item 11. Page 110 Item 11. Exhibit C ADDITIONAL TERMS & CONDITIONS 1. ZapStand has been awarded a MASTER SERVICES AGREEMENT #2024-074 with the NCTCOG TXShare program. Page 111 Item 11. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Park Improvement and Parkland Dedication Agreement with Park Place Phase 1 Property Developments Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and PPP 100 DEV LLC, for the Park Place Phase 1 development. Description of Agenda Item: By Town Ordinance, developers in Prosper are assessed Park Improvement and Parkland Dedication fees for residential development. These fees and dedicated land are used to build parks, park amenities, and hike and bike trails. The fee structure is $1,500 per single-family residential unit, and 1 acre of parkland dedicated per 35 single-family units, or the equivalent in cash based on current market value per acre of land. The developer of Park Place Phase 1 is requesting consideration of an amended request to use a portion of the fees from the development to pay for a widened walk within the development adjacent to West Prosper Trail. The developer is required to build a six-foot trail, but their desire is to build a ten-foot trail and receive reimbursement for the difference in cost. The improvement is illustrated in the exhibits of the attached Agreement. The developer will construct the improvement outlined in the Agreement and provide proof of costs to Town Staff. If the costs are approved, the amount is reimbursed to the developer in lieu of Park Improvement Fee payments due to the Town. The Parks and Recreation Board unanimously approved a previous version of this Park Improvement Fee Agreement at their February 13, 2025, meeting. The Town Council denied the developer’s initial request at the February 25, 2025, Town Council Meeting. The item was revised, presented again, and tabled at the April 8, 2025, and the May 27, 2025, Town Council meetings. Budget Impact: Park Improvement Fees set forth in this Agreement:  Park Place Phase 1 – 206 lots @ $1,500 = $309,000. PARKS AND RECREATION DEPARTMENT Page 112 Item 12. Page 2 of 2 Parkland Dedication Fees set forth in this Agreement:  Park Place Phase 1 – 206 lots @ 1 acre per 35 residential units = 5.885714 acres. Land valuation of $108,444 / acre per 2024 Denton Central Appraisal District valuation. Fee in lieu of dedication = $638,270. The developer requests that the fees be placed in an escrow account to reimburse actual expenses that are approved by the Town. The total Park Fee Reimbursement being requested is $93,515.90. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Park Improvement Fee Agreement for Park Place Phase 1 Town Staff Recommendation: Town Staff recommends approval of a Park Improvement Fee Agreement between the Town of Prosper and PPP 100 DEV LLC, for the Park Place Phase 1 development. Proposed Motion: I move to approve a Park Improvement Fee Agreement between the Town of Prosper and PPP 100 DEV LLC, for the Park Place Phase 1 development. Page 113 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Page 1 (Park Place Ph 1) After Recording Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 PARK IMPROVEMENT FEE AGREEMENT (PARK PLACE PHASE 1) THIS PARK IMPROVEMENT FEE AGREEMENT (the "Agreement") is made and entered into as of this _____ day of ____________, 2025 (the "Effective Date"), by and among PPP 100 DEV LLC, a Texas limited liability company ("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality ("Town"), on the terms and conditions hereinafter set forth. W I T N E S S E T H: WHEREAS, Developer desires to fulfill its park improvement fee obligations associated with the development of the Property (as hereinafter defined in Section 1), as prescribed in the Town's ordinances; and WHEREAS, in consideration of Developer's actions set forth below, the Town agrees that Developer may fulfill its park improvement fee obligations in the manner set forth below. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Town, and Developer agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is that certain real property owned by Park Place in the Town of Prosper, Denton County, Texas, as more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property"). 2. Trail Improvements Reimbursement. (a) The Town shall provide reimbursement from the park improvement fees due in accordance with the Town’s ordinances in an amount equal to the Construction Costs (as hereinafter defined in Section 2(c)) of the 10’ Collector Trails constructed adjacent to the Property as generally shown on Exhibit B and illustrated on the Town’s Hike and Bike Master Plan (collectively, the "Trail Improvements") that exceed the cost to construct a standard width sidewalk by Developer pursuant to this Agreement. Provided that the Developer completes the Trail Improvements in accordance with this Agreement, the Town shall provide Reimbursement (as hereinafter defined in Section 2(d)) to Developer for the Construction Costs of the Trail Improvements. (b) The Trail Improvements shall be constructed in accordance with all applicable Town ordinances, rules and regulations, and substantially in accordance with the plans and specifications for construction of the Trail Improvements. Any modification or amendment Page 114 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Page 2 (Park Place Ph 1) to such plans and specifications is subject to approval by the Town, which approval will not be unreasonably withheld, conditioned or delayed. (c) As a condition to receiving any Reimbursement, Developer shall tender to the Town evidence, in a form(s) reasonably acceptable to the Town, including affidavits of payment/affidavits as to debts and liens ("Evidence of Payment(s)"), of the Construction Costs of the Trail Improvements incurred and paid by Developer. The term "Construction Costs" as used herein shall include engineering and landscape architecture design costs, surveying costs, construction costs, and geotechnical materials testing costs. (d) Upon Developer providing the Town the Evidence of Payment(s), the Town will reimburse the Developer for the amount of Construction Costs (the "Reimbursement") set forth in the Evidence of Payment(s).. 3. Default. Prior to the exercise of any remedy by the Town or Developer due to a default by any of the parties, (i) the non-defaulting party shall deliver a written notice to the defaulting party formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s) identified in the default notice shall not be a default hereunder and the non-defaulting party shall not exercise any remedy if the default is cured within thirty (30) days following the defaulting party's receipt of such default notice; provided, however, that if such default is non-monetary and cannot reasonably be cured within such thirty (30) day period, the defaulting party may have a reasonable period of time to cure such default if the defaulting party commences action to cure such default within such period of thirty (30) days and thereafter diligently proceeds to cure such default and provided that such extended period does not exceed an additional thirty (30) days. Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the applicable time period, the sole and exclusive remedies of the non-defaulting party will be to terminate this Agreement and thereafter the parties will not have any further rights, duties or obligations under this Agreement, except that any obligations or liabilities that accrued prior to the date of termination will survive. 4. Covenant Running with Land. The obligations set forth herein relate to the Property, in whole and in part, and this Agreement shall be a covenant running with the land and the Property and shall be binding upon the Developer and their respective successors, assignees, and grantees. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Denton County, Texas. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released either by (i) upon request by Developer upon completion of the Trail Improvements, payment of its park improvement fees, and receipt of the Reimbursement as established by Section 2 or (ii) automatically as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion thereof, being reviewed, approved and executed by the Town and filed in the Denton County Real Property Records. Any third party, including any title company, grantee or lien holder, shall be entitled to rely upon this Section to establish whether such termination has occurred with respect to any lot. 5. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand–delivery service, Federal Page 115 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Page 3 (Park Place Ph 1) Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Town: Town of Prosper Attn: Town Manager 250 W. First Street P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 With a copy to: Town Attorney 250 W. First Street P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 If to Developer: PPP Dev 100, LLC ATTN: Vijay Borra 826 Mango Court Coppell, TX 75019 Telephone: (972) 304-0506 6. Captions and Headings. The captions and headings of the Sections of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement nor shall they be employed to interpret or aid in the construction of this Agreement. 7. Application of Texas Laws and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas. 8. Prevailing Party in Event of Legal Action. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any final non-appealable judgement 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). 9. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. 10. Invalidation. Invalidation of any one of the provisions of this document by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Page 116 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Page 4 (Park Place Ph 1) 11. Counterparts. A telecopied facsimile or emailed pdf of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. 12. Town Manager Authorized to Execute. The Town Manager of the Town of Prosper is authorized to execute this Agreement on behalf of the Town. 13. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 14. Binding Obligation. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Developer to same. Further, this Agreement is and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 15. 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 mediation. 16. Roughly Proportionate Determination under Texas Law. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised, or have had the opportunity to have legal counsel review this Agreement and advise Developer regarding Developer's rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town in this Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are roughly proportional or roughly proportionate to the Project's anticipated impact. Developer specifically reserves their rights to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby waives and releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure improvements required by this Agreement. This Paragraph shall survive the termination of this Agreement. 17. Rough Proportionality Determination under Federal Law . Developer hereby waives any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution and Chapter 395 of the Texas Local Government Code in regard to this Agreement. Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and indi vidual determination requirements in this Agreement, if any, mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement. Page 117 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Page 5 (Park Place Ph 1) Developer further acknowledges that the benefits of zoning and platting have been accepted with full knowledge of potential claims and causes of action which may be raised now and in the future, and Developer acknowledges the receipt of good and valuable consideration for the release and waiver of such claims. This Paragraph shall survive the termination of this Agreement. 18. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of the Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides the Town with fair notice of Developer's project. This Section shall survive the termination of this Agreement. 19. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to the Town under this Agreement shall be considered to have been relied upon by the Town and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by the Town or on the Town's behalf. 20. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 21. Sovereign Immunity. The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, except as to Chapter 271, Subchapter I of the Local Government Code, to the extent applicable, if at all. 22. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 23. Conveyances. All conveyances required herein shall be made in a form acceptable to the Town and free and clear of any and all liens and encumbrances. 24. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive any such party's right thereafter to enforce and compel strict compliance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Page 118 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Signature Page 1 (Park Place Ph 1) IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective as of the Effective Date. TOWN: TOWN OF PROSPER, TEXAS By: Mario Canizares, Town Manager STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mario Canizares, Town Manager, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for THE TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ___________________, 2025. Notary Public in and for the State of Texas My Commission Expires: __________________________ Page 119 Item 12. PARK IMPROVEMENT FEE AGREEMENT – Signature Page 2 (Park Place Ph 1) DEVELOPER: PPP DEV 100 LLC a Texas limited liability company By: McKinney Real Estate LLC a Texas limited liability company its Manager By: Vijay Borra, Manager By: Ramana Juvvadi, Manager STATE OF TEXAS § § COUNTY OF _____________ § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Vijay Bora, Manager of McKinney Real Estate LLC, a Texas limited liability company, the Manager of PPP 100 DEV, LLC, a Texas limited liability company, who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said limited liability companies. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ________________________, 2025. Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF _____________ § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared Ramana Juvvadi, Manager of McKinney Real Estate LLC, a Texas limited liability company, the Manager of PPP 100 DEV, LLC, a Texas limited liability company, who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said limited liability companies. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ________________________, 2025. Notary Public in and for the State of Texas Page 120 Item 12. Exhibit A – Legal Description-Property (Park Place Ph 1) Exhibit A Property BEING a tract of land located in the J. DURRETT SURVEY, ABSTRACT NO. 350 and the L. NETHERLY SURVEY, ABSTRACT NO. 962, Denton County, Texas, and being part of a tract of land conveyed in Deed to Prosper 100 LP, according to the document of record filed in Instrument No. 2019-21287, Official Public Records, Denton County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a 1/2” iron rod with a yellow cap stamped “DAA” found on the west line of a tract of land described in Deed as Tract IV to Blue Star Allen Land, LP, recorded in Instrument No. 2011-60030, O.P.R.C.C.T., at the common southeast corner of said Prosper 100 LP tract and the northeast corner of Lot 1, Block X, ARTESIA NORTH PHASE 4, an Addition to the Town of Prosper, Denton County, Texas, according to the Plat of record filed in Cabinet 2016, Slide 76, Plat Records, Denton County, Texas (P.R.C.C.T.); THENCE N 89° 32' 20" W, along the south line of said Prosper 100 LP tract, a distance of 2,751.04 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set on the north line of Lot 3, Block X, ARTESIA NORTH PHASE 2, an Addition to the Town of Prosper, Denton County, Texas, according to the Plat of record filed in Cabinet 2017, Slide 164, P.R.C.C.T.; THENCE Leaving said south line, over and across said Prosper 100 LP tract, the following courses and distances: N 00° 27' 40" E, a distance of 243.63 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set; N 15° 53' 05" W, a distance of 74.81 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set; N 20° 33' 12" W, a distance of 93.06 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set; N 19° 11' 38" W, a distance of 92.93 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set; N 15° 33' 55" W, a distance of 92.94 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set; N 30° 13' 29" W, a distance of 98.75 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set on the common west line of said Prosper 100 LP tract and the east line of a tract of land conveyed in Deed to Prosper Hills, LLC, according to the document of record filed in Instrument No. 2017-82639, O.P.R.C.C.T.; THENCE N 00° 12' 38" E, along the common line of said Prosper 100 LP tract and said Prosper Hills LLC tract, passing at a distance of 786.64 feet a 1/2" iron rod found and continuing in all Page 121 Item 12. Exhibit A – Legal Description-Property (Park Place Ph 1) for a total distance of 805.79 feet to a 1/2” iron rod found at the common northwest corner of said Prosper 100 LP tract and the northeast corner of said Prosper Hills LLC tract; THENCE N 89° 24' 39" E, along the north line of said Prosper 100 LP tract, a distance of 1,852.41 feet to a 1/2" iron rod found at the southeast corner of a tract of land conveyed in Deed to Prosper Meadows LP, according to the document of record filed in Instrument No. 2019- 65177, O.P.R.C.C.T.; THENCE N 89° 20' 59" E, along the common north line of said Prosper 100 LP tract and the south line of said Prosper Meadows LP tract, a distance of 1,057.81 feet to a 5/8” iron rod with a yellow cap stamped “RPLS 5674” set at the common northeast corner of said Prosper 100 LP tract and the northwest corner of the above mentioned Tract IV; THENCE S 00° 12' 49" W, along the common east line of said Prosper 100 LP tract and the west line of said Tract IV, a distance of 1,524.31 feet to the POINT OF BEGINNING, and containing 98.241 acres of land, more or less. Page 122 Item 12. Exhibit B – Trail Improvements (Park Place Ph 1) Exhibit B Trail Improvements Page 123 Item 12. History •Developer presented a Park Improvement Fee Agreement to Town Council on February 25,2025,requesting Park Fee Credits in exchange for widening the trail within their development,and construction of the Veloweb Trail and additional park amenities within Windsong Community Park. •Request was denied by Town Council. •Developer is requesting approval of an amended Park Improvement Fee Agreement requesting Park Fee Credits for the upsizing of the trail within their development only. •Ten-foot Trail has already been constructed.Page 124 Item 12. Subdivision Ordinance Section 6 Park Improvement Fees •$1,500 per each single-family unit •$2,000 per each multi-family unit Parkland Dedication Fees •1 acre per 35 residential units OR •5% of the total development acreage (the Town selects the greater of the two) Windsong Community Park Trail Improvements Page 125 Item 12. Park Improvement Fees Park Place Phase 1 –206 lots @ $1,500 = $309,000 Parkland Dedication Fees Park Place Phase 1 -206 lots @ 1 acre per 35 units = 5.885714 acres x $108,444 = $638,270 Total Fees Owed: $947,270 Page 126 Item 12. Requested Park Fee Credits –Upsized Sidewalk $93,515.90 Page 127 Item 12. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Park Improvement and Parkland Dedication Agreement with Park Place Phase 2 Property Developments Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Prosper Park Place 2, LLC, for the Park Place Phase 2 development. Description of Agenda Item: By Town Ordinance, developers in Prosper are assessed Park Improvement and Parkland Dedication fees for residential development. These fees and dedicated land are used to build parks, park amenities, and hike and bike trails. The fee structure is $1,500 per single-family residential unit, and 1 acre of parkland dedicated per 35 single-family units, or the equivalent in cash based on current market value per acre of land. The developer of Park Place Phase 2 is requesting consideration of an amended request to use a portion of the fees from the development to pay for a widened walk within the development adjacent to Teel Parkway and West Prosper Trail. The developer is required to build a six-foot trail, but their desire is to build a ten-foot trail and receive reimbursement for the difference in cost. The improvement is illustrated in the exhibits of the attached Agreement. The developer will construct the improvement outlined in the Agreement and provide proof of costs to Town Staff. If the costs are approved, the amount is reimbursed to the developer in lieu of Park Improvement Fee payments due to the Town. The Town’s Hike and Bike Trail Master Plan calls for a ten-foot trail along the north side of West Prosper Trail adjacent to the community park. The Parks and Recreation Board unanimously approved a previous version of this Park Improvement Fee Agreement at their February 13, 2025, meeting. The Town Council denied the developer’s initial request at the February 25, 2025, Town Council Meeting. The item was revised, presented again, and tabled at the April 8, 2025, and the May 27, 2025 Town Council meetings. PARKS AND RECREATION DEPARTMENT Page 128 Item 13. Page 2 of 2 Budget Impact: Park Improvement Fees set forth in this Agreement:  Park Place Phase 2 – 166 lots @ $1,500 = $249,000. Parkland Dedication Fees set forth in this Agreement:  Park Place Phase 2 – 166 lots @ 1 acre per 35 residential units = 4.742857 acres. Land valuation of $90,018 / acre per 2024 Denton Central Appraisal District valuation. Fee in lieu of dedication = $426,943. The developer requests that the fees be placed in an escrow account to reimburse actual expenses that are approved by the Town. Total Park Fee Reimbursement being requested is $115,463.80. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Park Improvement Fee Agreement for Park Place Phase 2 Town Staff Recommendation: Town Staff recommend approval of a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Prosper Park Place 2, LLC, for the Park Place Phase 2 development. Proposed Motion: I move to approve a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Prosper Park Place 2, LLC, for the Park Place Phase 2 development. Page 129 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Page 1 (Park Place Ph 2) After Recording Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 PARK IMPROVEMENT FEE AGREEMENT (PARK PLACE PHASE 2) THIS PARK IMPROVEMENT FEE AGREEMENT (the "Agreement") is made and entered into as of this _____ day of ____________, 2025 (the "Effective Date"), by and among SHADDOCK-PROSPER PARK PLACE 2, LLC, a Texas limited liability company ("Developer"), and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality ("Town"), on the terms and conditions hereinafter set forth. W I T N E S S E T H: WHEREAS, Developer desires to fulfill its park improvement fee obligations associated with the development of the Property (as hereinafter defined in Section 1), as prescribed in the Town's ordinances; and WHEREAS, in consideration of Developer's actions set forth below, the Town agrees that Developer may fulfill its park improvement fee obligations in the manner set forth below. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Town, and Developer agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is that certain real property owned by Park Place in the Town of Prosper, Denton County, Texas, as more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property"). 2. Trail Improvements Credits. (a) The Town shall provide credits to the park improvement fees due in accordance with the Town’s ordinances in an amount equal to the Construction Costs (as hereinafter defined in Section 2(c)) of the 10’ Collector Trails constructed adjacent to the Property as generally shown on Exhibit B and illustrated on the Town’s Hike and Bike Master Plan (collectively, the "Trail Improvements") that exceed the cost to construct a standard width sidewalk by Developer pursuant to this Agreement. Provided that the Developer completes the Trail Improvements in accordance with this Agreement, the Town shall provide Credits (as hereinafter defined in Section 2(d)) to residential developments within the Property for the Construction Costs of the Trail Improvements. (b) The Trail Improvements shall be constructed in accordance with all applicable Town ordinances, rules and regulations, and substantially in accordance with the plans and specifications for construction of the Trail Improvements. Any modification or amendment Page 130 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Page 2 (Park Place Ph 2) to such plans and specifications is subject to approval by the Town, which approval will not be unreasonably withheld, conditioned or delayed. (c) As a condition to receiving any Credit, Developer shall tender to the Town evidence, in a form(s) reasonably acceptable to the Town, including affidavits of payment/affidavits as to debts and liens ("Evidence of Payment(s)"), of the Construction Costs of the Trail Improvements incurred and paid by Developer. The term "Construction Costs" as used herein shall include engineering and landscape architecture design costs, surveying costs, construction costs, and geotechnical materials testing costs. (d) Upon Developer providing the Town the Evidence of Payment(s), the Town will credit the Developer for the amount of Construction Costs (each, a "Credit") set forth in the Evidence of Payment(s), which Credit shall be applied toward the actual amount of the Park Improvement Fees due on the Property. 3. Default. Prior to the exercise of any remedy by the Town or Developer due to a default by any of the parties, (i) the non-defaulting party shall deliver a written notice to the defaulting party formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s) identified in the default notice shall not be a default hereunder and the non-defaulting party shall not exercise any remedy if the default is cured within thirty (30) days following the defaulting party's receipt of such default notice; provided, however, that if such default is non-monetary and cannot reasonably be cured within such thirty (30) day period, the defaulting party may have a reasonable period of time to cure such default if the defaulting party commences action to cure such default within such period of thirty (30) days and thereafter diligently proceeds to cure such default and provided that such extended period does not exceed an additional thirty (30) days. Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the applicable time period, the sole and exclusive remedies of the non-defaulting party will be to terminate this Agreement and thereafter the parties will not have any further rights, duties or obligations under this Agreement, except that any obligations or liabilities that accrued prior to the date of termination will survive. 4. Covenant Running with Land. The obligations set forth herein relate to the Property, in whole and in part, and this Agreement shall be a covenant running with the land and the Property and shall be binding upon the Developer and their respective successors, assignees, and grantees. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Denton County, Texas. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released either by (i) upon request by Developer for a Property upon completion of the Trail Improvements within its limits and payment of its park improvement fees less the Trail Improvements Credits established by Section 2 or (ii) automatically as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion thereof, being reviewed, approved and executed by the Town and filed in the Denton County Real Property Records. Any third party, including any title company, grantee or lien holder, shall be entitled to rely upon this Section to establish whether such termination has occurred with respect to any lot. 5. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by Page 131 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Page 3 (Park Place Ph 2) delivering the same in person to such party via facsimile or a hand–delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Town: Town of Prosper Attn: Town Manager 250 W. First Street P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 With a copy to: Town Attorney 250 W. First Street P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 If to Developer: Shaddock-Prosper Park Place 2, LLC ATTN: William Shaddock 2400 Dallas Parkway, Suite 560 Plano, TX 75093 Telephone: (972) 985-5505 6. Captions and Headings. The captions and headings of the Sections of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement nor shall they be employed to interpret or aid in the construction of this Agreement. 7. Application of Texas Laws and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas. 8. Prevailing Party in Event of Legal Action. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any final non-appealable judgement 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). 9. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. Page 132 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Page 4 (Park Place Ph 2) 10. Invalidation. Invalidation of any one of the provisions of this document by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 11. Counterparts. A telecopied facsimile or emailed pdf of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. 12. Town Manager Authorized to Execute. The Town Manager of the Town of Prosper is authorized to execute this Agreement on behalf of the Town. 13. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 14. Binding Obligation. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Developer to same. Further, this Agreement is and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 15. 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 mediation. 16. Roughly Proportionate Determination under Texas Law. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised, or have had the opportunity to have legal counsel review this Agreement and advise Developer regarding Developer's rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town in this Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are roughly proportional or roughly proportionate to the Project's anticipated impact. Developer specifically reserves their rights to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby waives and releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure improvements required by this Agreement. This Paragraph shall survive the termination of this Agreement. 17. Rough Proportionality Determination under Federal Law . Developer hereby waives any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution and Chapter 395 of the Texas Local Government Code in regard to this Agreement. Developer and the Town further agree to waive and release all claims one may have Page 133 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Page 5 (Park Place Ph 2) against the other related to any and all rough proportionality and individual determination requirements in this Agreement, if any, mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement. Developer further acknowledges that the benefits of zoning and platting have been accepted with full knowledge of potential claims and causes of action which may be raised now and in the future, and Developer acknowledges the receipt of good and valuable consideration for the release and waiver of such claims. This Paragraph shall survive the termination of this Agreement. 18. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of the Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides the Town with fair notice of Developer's project. This Section shall survive the termination of this Agreement. 19. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to the Town under this Agreement shall be considered to have been relied upon by the Town and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by the Town or on the Town's behalf. 20. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 21. Sovereign Immunity. The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, except as to Chapter 271, Subchapter I of the Local Government Code, to the extent applicable, if at all. 22. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 23. Conveyances. All conveyances required herein shall be made in a form acceptable to the Town and free and clear of any and all liens and encumbrances. 24. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive any such party's right thereafter to enforce and compel strict compliance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Page 134 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Signature Page 1 (Park Place Ph 2) IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective as of the Effective Date. TOWN: TOWN OF PROSPER, TEXAS By: Mario Canizares, Town Manager STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mario Canizares, Town Manager, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for THE TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ___________________, 2025. Notary Public in and for the State of Texas My Commission Expires: __________________________ Page 135 Item 13. PARK IMPROVEMENT FEE AGREEMENT – Signature Page 2 (Park Place Ph 2) DEVELOPER: SHADDOCK-PROSPER PARK PLACE 2, LLC a Texas limited liability company By: William C. Shaddock, Jr., Manager STATE OF TEXAS § § COUNTY OF _____________ § BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared William C. Shaddock, Jr., Manager of SHADDOCK-PROPSER PARK PLACE 2, LLC, a Texas limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ________________________, 2025. Notary Public in and for the State of Texas Page 136 Item 13. Exhibit A – Legal Description-Property (Park Place Ph 2) Exhibit A Property BEING a tract of land situated in the L. Netherly Survey, Abstract No. 962 and A. Roberts, Abstract No. 1115, Town of Prosper, Denton County, Texas, all of Lot 1, Block A, SEC-TEEL PROSPER ADDITION, an Addition to the Town of Prosper, Denton County, Texas, recorded in Document No. 2022-130, Plat Records, Denton County, Texas (PRDCT), being a portion of a called 70.670 acre tract of land described in a deed to SHADDOCK-PROSPER PARK PLACE 2, LLC, recorded in Document No. 2024-8530, of the Official Records of Denton County, Texas (ORDCT), and all of a called 1.742 acre tract of land described in a deed to SHADDOCK - PROSPER PARK PLACE 2, LLC, recorded in Document No. 2024 -8531, ORDCT, being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for the south end of a corner clip being the intersection of the east line of Teel Parkway, a variable width public right-of-way, the right-of-way thereof being dedicated to the Town of Prosper by said plat of SEC- TEEL PROSPER ADDITION, with the south line of Prosper Trail, a variable width public right - of-way, for a westerly corner of said Lot 1; THENCE N 16°36'12" E, 14.14 feet along said corner clip and said dedication per plat, to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for corner, being a southerly corner of the right-of-way conveyed to the Town of Prosper by deed, recorded in Document No. 2022-32136 ORDCT; THENCE N 16°39'53" E, 35.32 feet continuing along said corner clip and said right -of-way dedication to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for the north end of said corner clip; THENCE along the south line of Prosper Trail, and same for said right-of-way dedication, around a non-tangent curve to the right having a central angle of 10°03'52", a radius of 745.00 feet, a chord of N 67°19'26" E - 130.70 feet, an arc length of 130.87 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE N 72°21'22" E, 8.76 feet continuing along the south line of Prosper Trail, and same for said right-of-way dedication, to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for a southeasterly corner of said dedication; THENCE N 00°02'02" E, 87.73 feet to a point into and through Prosper Trail, along an easterly line of said dedication, and of an easterly line of the right-of-way dedication created by the final plat of Windsong Ranch Phase 9, recorded in Document No. 2023-238 PRDCT; THENCE N 88°22'00" E, 8.44 feet to a point along Prosper Trail, and along the south line of said dedication to a point for corner; Page 137 Item 13. Exhibit A – Legal Description-Property (Park Place Ph 2) THENCE N 89°55'15" E, 298.38 feet to a point through Prosper Trail to another corner of said dedication per plat; THENCE N 89°23'41" E, 1,560.34 feet to a point through Prosper Trail, along a south line of said dedication to a point for the northwest corner of PPP 100 DEV LLC, recorded in Document No. 2023-88234 ORDCT; THENCE along the east line of said 70.670 acre tract and said 1.742 acre tract, the following courses and distances: S 00°12'38" W, 44.94 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°12'38" W, 760.78 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 30°13'29" E, 98.75 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 15°33'55" E, 92.94 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 19°11'38" E, 92.93 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 20°33'12" E, 93.06 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 15°53'05" E, 74.81 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°27'40" W, 243.59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Lot 3, Block X, of ARTESIA NORTH PHASE 2, an Addition to the Town of Prosper, Denton County, Texas, recorded in Document No. 2017-164, PRDCT, from which an "X" in concrete found for the intersection of the centerlines of Greenbelt Park Lane and Sutton Park Avenue, bears S 26°14'33" E, 50.62 feet; THENCE N 89°32'20" W, 712.69 feet along the north line of said Artesia North Phase 2 to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for the northwest corner thereof; THENCE S 00°03'28" E, 259.07 feet along the west line of said ARTESIA NORTH PHASE 2 to a point at the northeast corner of a remainder of a tract conveyed to Inwood Plaza Joint Venture, recorded in Volume 4233, Page 738, Deed Records, Denton County, Texas; THENCE N 89°32'20" W, 1,248.54 feet along the north line of said remainder, to the northeast corner of Teel Parkway Extension, an addition to the Town of Prosper, recorded in Document No. 2018-397 PRDCT, and the southeast corner of a right-of-way dedication to the Town of Prosper, recorded in Document No. 2023-75070, ORDCT, same being on the east line of said Teel Parkway; THENCE N 00°08'40" W, 170.30 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE N 90°00'00" W, 60.05 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; Page 138 Item 13. Exhibit A – Legal Description-Property (Park Place Ph 2) THENCE N 00°02'02" E, 1,023.35 feet along said dedication to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for the south corner of said Lot 1; THENCE along the west line of said Lot 1, the following courses and distances: A non-tangent curve to the left having a central angle of 01°08'29", a radius of 1,060.00 feet, a chord of N 19°32'53" W - 21.12 feet, an arc length of 21.12 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; N 20°22'59" W, 150.91 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; A non-tangent curve to the left having a central angle of 00°10'12", a radius of 1070.00 feet, a chord of N 28°18'42" W - 3.18 feet, an arc length of 3.18 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; N 28°23'48" W, 171.85 feet to the POINT OF BEGINNING and containing 3,144,009 square feet or 72.176 acres of land. Page 139 Item 13. Exhibit B – Trail Improvements (Park Place Ph 2) Exhibit B Trail Improvements Page 140 Item 13. Exhibit B – Trail Improvements (Park Place Ph 2) Page 141 Item 13. History •Developer presented a Park Improvement Fee Agreement to Town Council on February 25,2025,requesting Park Fee Credits in exchange for widening the trail within their development,and construction of the Veloweb Trail and additional park amenities within Windsong Community Park. •Request was denied by Town Council. •Developer is requesting approval of an amended Park Improvement Fee Agreement requesting Park Fee Credits for the upsizing of the trail within their development only. •The perimeter trail has not yet been constructed.Page 142 Item 13. Subdivision Ordinance Section 6 Park Improvement Fees •$1,500 per each single-family unit •$2,000 per each multi-family unit Parkland Dedication Fees •1 acre per 35 residential units OR •5% of the total development acreage (the Town selects the greater of the two) Windsong Community Park Trail Improvements Page 143 Item 13. Park Improvement Fees Park Place Phase 2 –166 lots @ $1,500 = $249,000 Parkland Dedication Fees Park Place Phase 2 -166 lots @ 1 acre per 35 units = 4.742857 acres x $90,018 = $426,943 Total Fees Owed: $675,943 Page 144 Item 13. Requested Park Fee Credits –Upsized Sidewalk $115,463.80 Page 145 Item 13. Page 1 of 2 To: Mayor and Town Council From: Dan Heischman, P.E., Assistant Director of Engineering – Development Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Resolution Calling a Public Hearing Regarding Update to Impact Fees Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a upon a resolution calling for a Public Hearing on Tuesday, August 12, 2025, on the Water, Wastewater, & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Description of Agenda Item: On March 12, 2024, the Town Council appointed seven (7) members to the Capital Improvements Advisory Committee (CIAC). The CIAC held their second meeting on October 15, 2024, to review land use assumptions and discuss the Capital Improvement Plans. The next CIAC meeting is scheduled for June 30, 2025, and the agenda will include discussion and recommendations on updates to the impact fee calculations. Freese & Nichols is on schedule to present the proposed recommendations to the impact fees to the Town Council on August 12, 2025. Chapter 395 of the Texas Local Government Code requires the Town Council adopt a resolution calling a Public Hearing on the Water, Wastewater & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Town staff has drafted the attached resolution calling for a Public Hearing to be held on Tuesday, August 12, 2025, at the regular Town Council Meeting, at 6:15 p.m. in the Town of Prosper Municipal Chambers at 250 W. First Street, on the Water, Wastewater, & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: The resolution is required per Chapter 395 of the Texas Local Government Code. The Public Hearing notice will be published in the newspaper and placed on the Town's website by July 11, 2025. Attachments: 1. Resolution 2. Impact Fee Update Schedule ENGINEERING SERVICES Page 146 Item 14. Page 2 of 2 Town Staff Recommendation: Town staff recommend that the Town Council approve a resolution calling for a Public Hearing on Tuesday, August 12, 2025, on the Water, Wastewater & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Proposed Motion: I move to approve a resolution calling for a Public Hearing on Tuesday, August 12, 2025, on the Water, Wastewater & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Page 147 Item 14. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY CALLING FOR A PUBLIC HEARING ON TUESDAY, AUGUST 12, 2025, ON THE WATER, WASTEWATER & ROADWAY IMPACT FEE, LAND USE ASSUMPTONS, AND CAPITAL IMPROVEMENTS PLAN. WHEREAS, Chapter 395 of the Texas Local Government Code provides the procedure on the amendment of impact fees, land use assumptions, and capital improvements plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 The Town Council of the Town of Prosper, Texas, is hereby calling for a public hearing to be held on Tuesday, August 12, 2025, at the regular Town Council Meeting, at 6:15 p.m. in the Town of Prosper Municipal Chambers at 250 W. First Street, on the Water, Wastewater, & Roadway Impact Fee, Land Use Assumptions, and Capital Improvements Plan. Any member of the public has the right to appear at the hearing and present evidence for or against the proposed impact fees, land use assumptions and capital improvements plan. SECTION 2 This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS THE 24TH DAY OF JUNE, 2025. _________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________ Terrence S. Welch, Town Attorney Page 148 Item 14. Impact Fee Update Schedule Page 149 Item 14. Page 1 of 2 To: Mayor and Town Council From: Robert Gey, P.E., Senior Traffic Engineer Through: Mario Canizares, Town Manager Chuck Ewing, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Installation of Temporary and Permanent Traffic Signal Legacy Drive & First Street Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to enter into an agreement with Mels Electric LLC, related to the construction of a temporary and a permanent traffic signal at the intersection of First Street and Legacy Drive for $691,566. Description of Agenda Item: On April 22, 2025, the Town Council approved the purchase of traffic signal items for the intersection of First Street and Legacy Drive. These items include the permanent signal poles, mast arms, and related traffic signal equipment that have long lead times. The current estimated time for completion of pole manufacturing, powder coating, and equipment delivery is January 2026. The improvements to First Street from Stuber Elementary to the Dallas North Tollway, including the expansion of Legacy Drive north of First Street are scheduled to have all lanes ready to open to traffic before the first day of school in August 2025. When completed, the intersection of First Street and Legacy Drive will have three (3) southbound lanes, two (2) northbound lanes, two (2) eastbound lanes, and two (2) westbound lanes. There will also be dual left-turn lanes and a single right-turn lane on each approach. In addition, the Legacy Drive (Prairie – First) project will be opened to traffic which allows connectivity to US 380. With the expected opening of the intersection a few months ahead of the Town receiving delivery of the permanent signal poles, mast arms, and related traffic signal equipment for the intersection, several options were evaluated to address the anticipated traffic demands at the intersection. The options evaluated included the installation of a four-way stop, and the installation of a temporary traffic signal. Due to the complexity of the intersection when completed, as well as the expected delays which would occur with a four-way stop, installation of a temporary traffic signal was determined to be the preferred alternative. This option provides improved efficiency and safety for traffic along First Street and the intersection of Legacy Drive. The Town will also be able to reuse the temporary traffic signal poles and related traffic signal equipment at other locations around Town when similar delays with receiving permanent traffic signal installation is anticipated. For installation, the Engineering Department contacted the City of Garland to utilize their existing contract for “Traffic Signal Installations / Modernizations” from Mels Electric LLC. The Town can ENGINEERING SERVICES Page 150 Item 15. Page 2 of 2 utilize the City of Garland’s contract with Mels Electric LLC, under and existing Interlocal Agreement with the Collin County Governmental Purchase forum. Given the short deadline to implement the temporary traffic signal option, the use of the Interlocal Agreement provides the best chance for the Town to have the temporary traffic signal installed before the first day of school on August 12, 2025. The Town has previously used Mels Electric LLC, on several Town projects with satisfactory results and while they have communicated that a more reasonable date for completion is August 22, 2025, they fully understand the importance of completing by August 12, 2025, and are committed to doing whatever they can to meet that timeline. For the installation of the temporary and permanent traffic signals, Mels Electric LLC, proposed a scope of work that involves drilling the traffic signal pole foundations, installation of conduit, electrical conductors, traffic signal cables, signal heads, pedestrian crossing poles, traffic controller and cabinet, battery backup unit, ground boxes and related items. To save construction cost, the temporary traffic signal design utilizes the permanent traffic signal equipment that the Town has received. This includes using the permanent traffic signal controller and cabinet, as well as the permanent pedestrian crossing poles and heads. The installation of these items will also reduce the time necessary to complete construction of the permanent traffic signal when the permanent poles and mast arms are delivered. Upon delivery of the permanent equipment, Mels Electric LLC, will need approximately four (4) to six (6) weeks to complete the installation of the permanent traffic signal. Based on current timing of the permanent signal equipment being delivered, the completion of the installation of the permanent traffic signal is anticipated in March 2026. Budget Impact: The cost for the construction of the temporary and permanent traffic signals is $691,565.50. The design and construction budget is $578,333, in Account No. TR202404-CONST-CONST, and there is $283,330 remaining in the budget after the design costs and purchase of the traffic signal related items approved on April 22, 2025. The remaining budget of $283,330, and unallocated budgeted funds from the First Street (Stuber Elementary – DNT) project in the amount of $417,100 from Account No. ST202012-CONST-CONST will provide the additional funding needed for the construction. The contingency amount of $8,864.50 will be used during the construction phase to address field changes or adjust quantities during construction. It is anticipated that approximately $50,000 of the estimated $152,125 cost for the temporary traffic signal installation, will be able to be reused once the permanent traffic signal is installed (wood poles, span wires, brackets, signal heads). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Proposal from Mels Electric LLC 2. Location Map Town Staff Recommendation: Town staff recommend that the Town Council authorize the Town Manager to execute an agreement with Mels Electric LLC, related to the construction of a temporary and a permanent traffic signal at the intersection of First Street and Legacy Drive for $691,566. Proposed Motion: I move to authorize the Town Manager to execute an agreement with Mels Electric LLC, related to the construction of a temporary and a permanent traffic signal at the intersection of First Street and Legacy Drive for $691,566. Page 151 Item 15. Page 152 Item 15. LOCATION MAP First Street and Legacy Drive Temporary and Permanent Traffic Signals First Street and Legacy Drive Page 153 Item 15. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Through: Mario Canizares, Town Manager Chuck Ewing, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Craig Street Elevated Storage Tank Rehabilitation Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Service Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Craig Street Elevated Storage Tank Rehabilitation project for $368,950. Description of Agenda Item: This project includes the design for the rehabilitation of the existing 2.0 Millon Gallon Craig Street Elevated Storage Tank (EST). The interior and exterior coating system is at end-of-life span and in need of blasting and recoating. The design will be based on observations from the December 2024 inspections report, as well as the issues identified by the Town including a new interior and exterior coating system. The project will include formal 60% design, and 100% design review submittals. At the 60% design phase, staff will present to the Town Council several design concepts for the Town logo and color combinations on the EST for consideration. Review meetings will be included between the 60% and 100% submittals, and before the final signed and sealed submittal. Freese and Nichols, Inc., will provide bid phase services, and general representation during the construction phase. Budget Impact: The cost for the design is $368,950. A total of $460,000 is budgeted in the FY25 CIP in Account No. WA202520-DESGN-DESGN. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. ENGINEERING SERVICES Page 154 Item 16. Page 2 of 2 Attached Documents: 1. December 2024 Inspections Report 2. Professional Engineering Service Agreement 3. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Service Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Craig Street Elevated Storage Tank Rehabilitation project for $368,950. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Service Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Craig Street Elevated Storage Tank Rehabilitation project for $368,950. Page 155 Item 16. Town of Prosper 2024 ROV Inspections December 2024 US UNDERWATER 123 Sentry Drive • Mansfield, TX 76063 800.860.2178 www.usunderwaterservices.com Page 156 Item 16. CONSOR Engineers, LLC dba U.S. Underwater | 123 Sentry Drive, Mansfield, TX 76063 P: 817-447-7321, F: 817-447-0021, Toll: 800-860-2178 Statement of Certification Town of Prosper Location: Prosper, TX December 2024 This form certifies the inspections were completed on the above date for the facilities listed below: [2] 2,000,000 Gallon Elevated [1] 2,500,000 Gallon Elevated U.S. Underwater certifies the work was completed in accordance with the American Water Works Association’s [AWWA] current standards [ANSI/AWWA c652-92] regarding disinfection procedures when conducting underwater activities in potable water storage facilities. All equipment used is designated for potable water use only. Ryan Enos Director of Sales & Marketing CONSOR Engineers LLC, dba U.S. Underwater Page 157 Item 16. Report Proposal December 16, 2024 Town of Prosper U.S. Underwater James Rodriguez Sissie Field jrodriguez@prospertx.gov sissie.field@usunderwaterservices.com These recommendations are based on the results of the inspection and are suggested to comply with OSHA and/or AWWA standards. Please contact your U.S. Underwater Account Manager for a customized proposal. Inspection Capacity Type Name #1 2,000,000 Elevated 401 S Craig Rd PS EST  Repair internal plumbing  Remove the 1/4 in-3 in, 10% coverage of sediment and debris from the floor plates Inspection Capacity Type Name #2 2,000,000 Elevated 1851 East Prosper Trl  Remove the 2 in, 15% coverage of sediment from the floor plates Inspection Capacity Type Name #3 2,500,000 Elevated 3180 Fishtrap Road  Remove the 1 1/2 in, 15% coverage of sediment and debris from the floor plates Page 158 Item 16. Rust Grades A Description Graphical Representation 10 No rusting or less than 0.01% of surface rusted Unnecessary 9 Minute rusting less than 0.03% of surface rusted 8B Few isolated rust spots less than 0.1% of surface rusted 7 Less than 0.3% of surface rusted 6C Extensive rust spots but less than 5 Rusting to the extent of 3% of surface rusted 4D Rusting to the extent of 10% of surface rusted 3E Approximately on sixth of the surface rusted 16% 2 Approximately one third of the surface rusted 33% 1 Approximately one half of the surface rusted 50% References Standard Method of Evaluating Degree of Rusting on Painted Steel Surfaces – SSPC-Vis 2-82 & ASTM D 610-85 The graphical representations show examples of area percentages, which may be helpful in rust grading. The use of photographical reference standards requires the following precautions:  Some finishes are stained by rust. This staining must not be confused with the actual rusting involved.  Accumulated dirt or other material may make accurate determination of the degree of rusting difficult.  Certain types of deposited dirt that contain iron or iron compounds may cause surface discoloration that should not be mistaken for corrosion.  It must be realized that failure may vary over a given area and discretion must therefore be used in applying these reference standards.  In evaluating surfaces, consideration shall be given to the color of the finish coating, since failures will be more apparent on a finish that shows color contrast with rust, such as white, than on a similar color, such as iron oxide finish.  The photographic reference standards are not required for use of the rust-grade scale since the scale is based upon the percent of the area rusted and any method of assessing area rusted may be used to determine the rust grade. 1% of surface rusted Page 159 Item 16. Elevated Inspection - ROV Town of Prosper Inspection #1 / 401 S Craig Rd PS-EST Complete Flagged items 2 Inspection Title Town of Prosper Inspection #1 Client Specific Tank Name 401 S Craig Rd PS-EST Client Town of Prosper Job Number S248616TX.00 Prepared by Dive Six Conducted on 05.12.2024 13:10 CST Page 160 Item 16. Recommended Maintenance 2 flagged Internal Inspection Condition of Internal Plumbing Fair Recommend internal plumbing be repaired Internal Inspection Is Facility Free of Sediment/Debris? No Recommend the 1/4 in-3 in, 10% coverage, of sandy silt sediment, rocks and debris be removed from the floor plates Page 161 Item 16. External Inspection Reference photo of facility Photo 1 Facility Type Composite Facility Construction Metal-Welded Capacity 2MG Height 150ft Diameter UNK Tank ID Plate No Lower Level Condition of Intruder Protection Fence Good Condition of Foundation Good Photo of Foundation Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 Photo 7 Lower Level Manway/Facility Access Door Yes Photo of Lower Level Manway Photo 8 Photo 9 Was Manway Labeled 'Confined Space?' No Recommend a 'confined space entry' placard be installed Page 162 Item 16. Water Level Indicator Type(s) Pressure Gauge Electronic SCADA Photo of Water Level Indicator(s) Photo 10 Photo 11 Condition of Water Level Indicator(s) Good Condition of Overflow Good Photo of Overflow Photo 12 Photo 13 Photo 14 Does Overflow Extend to Ground/Accessible? Compliant Does Overflow Flapper Seal? Compliant Photo of Flapper Photo 15 Photo 16 Overflow Diameter 16in Photo of External Plumbing Photo 17 Photo 18 Photo 19 Photo 20 Condition of External Plumbing Good Condition of External Lower Ladder Good Photo of External Lower Ladder Page 163 Item 16. Photo 21 Photo 22 Photo 23 Photo 24 Photo 25 Photo 26 Width of External Lower Ladder 16 3/4in Diameter of Rung 3/4in Length of External Lower Ladder 100ft Length of Standoff 7in Condition of Intruder Protection Door Good Photo 27 Photo 28 Does External Ladder Have Cage? Yes Diameter of Cage 33in Cage Material Galvanized Photo of Cage Photo 29 Photo 30 Photo 31 Photo 32 Condition of Fall Protection System Good Photo of Fall Protection System Photo 33 Photo 34 Upper Level Condition of Catwalk Good Condition of Sidewall Plates Good Page 164 Item 16. Photo of Sidewall Plates Photo 35 Photo 36 Photo 37 Photo 38 Condition of Sidewall Protective Coating (SSPC Rating) 9 Condition of Center Access Tube Good Condition of Side Manway Access Hatch Good Condition of External Upper Ladder Good Photo of External Ladder Photo 39 Photo 40 Photo 41 Photo 42 Width of External Ladder 17 INCHES Diameter of Rung 3/4 INCHES Length of External Ladder 50 FEET Length of Standoff 7 1/8 INCHES Condition of Fall Protection System Good Photo of Fall Protection System Photo 43 Condition of Roof Access Hatch Good Photo of Roof Access Hatch Photo 44 Photo 45 Photo 46 Photo 47 Size of Roof Access Hatch 30 1/2 x 30 1/2 INCHES Page 165 Item 16. Was Roof Access Hatch Locked? Yes, Lock in Good Condition Photo of Roof Plates Photo 48 Photo 49 Photo 50 Photo 51 Photo 52 Photo 53 Photo 54 Photo 55 Photo 56 Photo 57 Condition of Roof Plates Good Condition of Roof Coating (SSPC Rating) 8 Condition of Anode Plates N/A None Photo of Water Access Hatch Photo 58 Photo 59 Photo 60 Photo 61 Condition of Water Access Hatch Good Size of Water Access Hatch 30 1/2 x 30 1/2 INCHES Was Water Access Hatch Labeled 'Confined Space?' Yes Was Water Access Hatch Locked? Yes, Lock in Good Condition Type of Roof Vent Mushroom Shape Photo of Roof Vent Photo 62 Photo 63 Photo 64 Photo 65 Photo 66 Condition of Roof Vent Good Vent Circumference 26 x 25 INCHES Page 166 Item 16. Condition of Vent Screen Compliant Condition of Aircraft Warning Lights Working RF Antennas Present? Yes Photo of Antennas Photo 67 Photo 68 Photo 69 Photo 70 Photo 71 Photo 72 Photo 73 Photo 74 Photo 75 Photo 76 Photo 77 Photo 78 Photo 79 Photo 80 Photo 81 RF Hazard Warning Signs Posted? Yes Page 167 Item 16. Internal Inspection 1 flagged Condition of Water Access Ladder Good Photo of Water Access Ladder Photo 82 Photo 83 Photo 84 Photo 85 Width of Water Access Ladder 17in Diameter of Rung 1in Length of Ladder 50ft Length of Standoff 7 1/8in Condition of Fall Protection System Good Condition of Roof Supports Good Photo of Roof Supports Photo 86 Photo 87 Condition of Roof Plates Good Photo of Roof Plates Photo 88 Photo 89 Condition of Water Level Indicator System N/A Condition of Overflow Good Photo of Overflow Page 168 Item 16. Photo 90 Condition of Cathodic Protection N/A None Condition of Sidewall Plates Good Photo of Sidewall Plates Photo 91 Photo 92 Photo 93 Photo 94 Condition of Sidewall Plates (SSPC Rating) 10 Condition of Side Manway Access Good Photo of Side Manway Access Photo 95 Condition of Internal Plumbing Fair Recommend internal plumbing be repaired Deficiency Rubber deteriorated Photo of Internal Plumbing Photo 96 Photo 97 Photo 98 Photo 99 Photo 100 Photo 101 Condition of Center Access Tube Good Does Facility Have a Mixer? Yes Visual Condition of Mixer Good Photo of Mixer Page 169 Item 16. Photo 102 Condition of Floor Plates Good Photo of Floor Plates Photo 103 Photo 104 Photo 105 Photo 106 Photo 107 Photo 108 Photo 109 Condition of Floor Plates (SSPC Rating) 10 Is Facility Free of Sediment/Debris? No Recommend the 1/4 in-3 in, 10% coverage, of sandy silt sediment, rocks and debris be removed from the floor plates Sediment/Debris Type Sandy Silt Rocks Other Debris Mainly rocks bigger than what USU’s 3 in pump could suck up. Also, rubber from the Duckbills Photo of Sediment/Debris Photo 110 Photo 111 Photo 112 Photo 113 Photo 114 Photo 115 Photo 116 Photo 117 Photo 118 Photo 119 Sediment Depth Possible 3 inches max in spots Percentage of Sediment Coverage 10% Level of Staining Inside Facility None Page 170 Item 16. Clarity of Water Good Quality of Water Good Water Temperature Cold (60 degrees or less) Water Depth (Maximum) 50ft Water Depth (Actual) 36ft Inspector J. Wallace 16.12.2024 15:33 CST Page 171 Item 16. Elevated Inspection - ROV Town of Prosper Inspection #2 / 1851 East Prosper Trl Complete Flagged items 1 Inspection Title Town of Prosper Inspection #2 Client Specific Tank Name 1851 East Prosper Trl Client Town of Prosper Job Number S248616TX.00 Prepared by Dive Six Conducted on 05.12.2024 13:10 CST Page 172 Item 16. Recommended Maintenance 1 flagged Internal Inspection Is Facility Free of Sediment/Debris? No Recommend the 2 in, 15% coverage, of sandy silt sediment be removed from the floor plates Page 173 Item 16. External Inspection Reference photo of facility Photo 1 Facility Type Composite Facility Construction Metal-Welded Capacity 2MG Height 165 to roof 102 to catwalk Diameter UNK Tank ID Plate No Lower Level Condition of Intruder Protection Fence Good Condition of Foundation Good Photo of Foundation Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 Photo 7 Lower Level Manway/Facility Access Door Yes Photo of Lower Level Manway Photo 8 Size Standard door size Was Manway Labeled 'Confined Space?' No Recommend a 'confined space entry' placard be installed Page 174 Item 16. Water Level Indicator Type(s) Pressure Gauge SCADA Photo of Water Level Indicator(s) Photo 9 Condition of Water Level Indicator(s) Good Condition of Overflow Good Photo of Overflow Photo 10 Photo 11 Does Overflow Extend to Ground/Accessible? Compliant Does Overflow Flapper Seal? Compliant Photo of Flapper Photo 12 Photo 13 Photo 14 Overflow Diameter 16 INCHES Photo of External Plumbing Photo 15 Photo 16 Photo 17 Photo 18 Condition of External Plumbing Good Condition of External Lower Ladder Good Photo of External Lower Ladder Page 175 Item 16. Photo 19 Photo 20 Photo 21 Photo 22 Photo 23 Width of External Lower Ladder 16 3/4 INCHES Diameter of Rung 3/4 INCHES Length of External Lower Ladder 100 FEET Length of Standoff 7 1/4 INCHES Condition of Intruder Protection Door Good Uses facility door Photo of Intruder Protection Door Photo 24 Does External Ladder Have Cage? No Condition of Fall Protection System Good Photo of Fall Protection System Photo 25 Photo 26 Upper Level Condition of Catwalk Good Condition of Sidewall Plates Good Photo of Sidewall Plates Photo 27 Photo 28 Photo 29 Photo 30 Condition of Sidewall Protective Coating (SSPC Rating) 10 Page 176 Item 16. Condition of Center Access Tube Good Condition of Side Manway Access Hatch Good Condition of External Upper Ladder Good Photo of External Ladder Photo 31 Photo 32 Photo 33 Photo 34 Photo 35 Width of External Ladder 17in Diameter of Rung 3/4in Length of External Ladder 64ft Length of Standoff 10 3/4in Condition of Fall Protection System Good Photo of Fall Protection System Photo 36 Photo 37 Condition of Roof Access Hatch Good Photo of Roof Access Hatch Photo 38 Photo 39 Photo 40 Size of Roof Access Hatch 30in Was Roof Access Hatch Locked? Yes, Lock in Good Condition Photo of Roof Plates Page 177 Item 16. Photo 41 Photo 42 Photo 43 Photo 44 Photo 45 Condition of Roof Plates Good Condition of Roof Coating (SSPC Rating) 10 Condition of Anode Plates N/A None Photo of Water Access Hatch Photo 46 Photo 47 Photo 48 Condition of Water Access Hatch Good Size of Water Access Hatch 30in Was Water Access Hatch Labeled 'Confined Space?' Yes Was Water Access Hatch Locked? Yes, Lock in Good Condition Type of Roof Vent T-Shape Photo of Roof Vent Photo 49 Photo 50 Photo 51 Photo 52 Photo 53 Condition of Roof Vent Good Vent Circumference 26 1/4in x 26 1/4in Condition of Vent Screen Compliant Condition of Aircraft Warning Lights N/A None RF Antennas Present? No Page 178 Item 16. Internal Inspection 1 flagged Condition of Water Access Ladder Good Photo of Water Access Ladder Photo 54 Photo 55 Photo 56 Photo 57 Width of Water Access Ladder 17in Diameter of Rung 1in Length of Ladder 52ft Length of Standoff 7in Condition of Fall Protection System Good Condition of Roof Supports Good Photo of Roof Supports Photo 58 Photo 59 Photo 60 Photo 61 Photo 62 Photo 63 Condition of Roof Plates Good Photo of Roof Plates Photo 64 Photo 65 Photo 66 Photo 67 Photo 68 Photo 69 Condition of Roof Plates (SSPC Rating) 8 Condition of Water Level Indicator System Good Photo of Water Level Indicator System Page 179 Item 16. Photo 70 Condition of Overflow Good Photo of Overflow Photo 71 Photo 72 Condition of Cathodic Protection N/A None Condition of Sidewall Plates Good Photo of Sidewall Plates Photo 73 Photo 74 Photo 75 Photo 76 Photo 77 Condition of Side Manway Access Good Photo of Side Manway Access Photo 78 Condition of Internal Plumbing Good Photo of Internal Plumbing Photo 79 Photo 80 Photo 81 Photo 82 Photo 83 Photo 84 Page 180 Item 16. Photo 85 Condition of Center Access Tube Good Does Facility Have a Mixer? No Condition of Floor Plates Good Condition of Floor Plates (SSPC Rating) 8 Is Facility Free of Sediment/Debris? No Recommend the 2 in, 15% coverage, of sandy silt sediment be removed from the floor plates Sediment/Debris Type Sandy Silt Photo of Sediment/Debris Photo 86 Photo 87 Photo 88 Photo 89 Sediment Depth 2 INCHES Percentage of Sediment Coverage 15% Level of Staining Inside Facility Light Photo of Staining Photo 90 Photo 91 Clarity of Water Good Quality of Water Good Water Temperature Cool Water Depth (Maximum) 50 FEET Water Depth (Actual) 29 FEET Page 181 Item 16. Inspector Michael Greathouse 05.12.2024 16:29 CST Page 182 Item 16. Elevated Inspection - ROV Town of Prosper Inspection #3 / 3180 Fishtrap Road Complete Flagged items 1 Inspection Title Town of Prosper Inspection #3 Client Specific Tank Name 3180 Fishtrap Road Client Town of Prosper Job Number S248616TX.00 Prepared by Dive Six Conducted on 05.12.2024 13:10 CST Page 183 Item 16. Recommended Maintenance 1 flagged Internal Inspection Is Facility Free of Sediment/Debris? No Recommend the 1 1/2 in, 15% coverage, of sandy silt sediment and debris be removed from the floor plates Page 184 Item 16. External Inspection Reference photo of facility Photo 1 Facility Type Composite Facility Construction Metal-Welded Capacity 2.5 MG Height UNK Diameter UNK Tank ID Plate No Lower Level Condition of Intruder Protection Fence Good Condition of Foundation Good Photo of Foundation Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 Lower Level Manway/Facility Access Door Yes Standard walkthrough door Size N/A Was Manway Labeled 'Confined Space?' No Recommend a 'confined space entry' placard be installed Water Level Indicator Type(s) Pressure Gauge Electronic SCADA Photo of Water Level Indicator(s) Page 185 Item 16. Photo 7 Photo 8 Condition of Water Level Indicator(s) Good Condition of Overflow Good Photo of Overflow Photo 9 Photo 10 Photo 11 Does Overflow Extend to Ground/Accessible? Compliant Does Overflow Flapper Seal? Compliant Photo of Flapper Photo 12 Photo 13 Photo 14 Overflow Diameter 24in Photo of External Plumbing Photo 15 Photo 16 Condition of External Plumbing Good Condition of External Lower Ladder Good Photo of External Lower Ladder Photo 17 Photo 18 Photo 19 Photo 20 Photo 21 Page 186 Item 16. Width of External Lower Ladder 16 3/4in Diameter of Rung 3/4in Length of External Lower Ladder 140ft Length of Standoff 7 1/4in Condition of Intruder Protection Door Good Does External Ladder Have Cage? No Condition of Fall Protection System Good Photo of Fall Protection System Photo 22 Photo 23 Upper Level Condition of Catwalk Good Condition of Sidewall Plates Good Photo of Sidewall Plates Photo 24 Photo 25 Photo 26 Photo 27 Photo 28 Photo 29 Photo 30 Condition of Sidewall Protective Coating (SSPC Rating) 9 Condition of Center Access Tube Good Condition of Side Manway Access Hatch Good Condition of External Upper Ladder Good Photo of External Ladder Page 187 Item 16. Photo 31 Photo 32 Photo 33 Photo 34 Width of External Ladder 17 INCHES Diameter of Rung 3/4 INCHES Length of External Ladder 60 FEET Length of Standoff 7 1/2 INCHES Condition of Fall Protection System Good Photo of Fall Protection System Photo 35 Photo 36 Condition of Roof Access Hatch Good Photo of Roof Access Hatch Photo 37 Photo 38 Photo 39 Photo 40 Size of Roof Access Hatch 42 1/2x 42 1/2 INCHES Was Roof Access Hatch Locked? Yes, Lock in Good Condition Photo of Roof Plates Photo 41 Photo 42 Photo 43 Photo 44 Photo 45 Photo 46 Photo 47 Photo 48 Page 188 Item 16. Condition of Roof Plates Good Condition of Roof Coating (SSPC Rating) 9 Condition of Anode Plates N/A None Photo of Water Access Hatch Photo 49 Photo 50 Photo 51 Photo 52 Condition of Water Access Hatch Good Size of Water Access Hatch 42 1/2 x 42 1/2 INCHES Was Water Access Hatch Labeled 'Confined Space?' Yes Was Water Access Hatch Locked? Yes, Lock in Good Condition Type of Roof Vent Mushroom Shape Photo of Roof Vent Photo 53 Photo 54 Photo 55 Photo 56 Condition of Roof Vent Good Vent Circumference 76 1/4 INCHES Condition of Vent Screen Compliant Condition of Aircraft Warning Lights Working RF Antennas Present? Yes Photo of Antennas Photo 57 Photo 58 Photo 59 Photo 60 Photo 61 Photo 62 Page 189 Item 16. Photo 63 RF Hazard Warning Signs Posted? Yes Page 190 Item 16. Internal Inspection 1 flagged Condition of Water Access Ladder Good Photo of Water Access Ladder Photo 64 Photo 65 Photo 66 Photo 67 Width of Water Access Ladder 17 INCHES Diameter of Rung 3/4 INCHES Length of Ladder 50 FEET Length of Standoff 7 1/2 INCHES Condition of Fall Protection System Good Condition of Roof Supports Good Photo of Roof Supports Photo 68 Photo 69 Condition of Roof Plates Good Photo of Roof Plates Photo 70 Photo 71 Photo 72 Photo 73 Photo 74 Photo 75 Photo 76 Condition of Roof Plates (SSPC Rating) 10 Condition of Water Level Indicator System N/A Page 191 Item 16. Condition of Overflow Good Photo of Overflow Photo 77 Photo 78 Condition of Cathodic Protection N/A None Condition of Sidewall Plates Good Photo of Sidewall Plates Photo 79 Photo 80 Photo 81 Photo 82 Condition of Sidewall Plates (SSPC Rating) 10 Condition of Side Manway Access Good Photo of Side Manway Access Photo 83 Photo 84 Photo 85 Condition of Internal Plumbing Good Photo of Internal Plumbing Photo 86 Photo 87 Photo 88 Photo 89 Photo 90 Photo 91 Condition of Center Access Tube Good Does Facility Have a Mixer? Yes Visual Condition of Mixer Good Photo of Mixer Page 192 Item 16. Photo 92 Photo 93 Photo 94 Condition of Floor Plates Good Photo of Floor Plates Photo 95 Photo 96 Photo 97 Photo 98 Photo 99 Photo 100 Photo 101 Photo 102 Condition of Floor Plates (SSPC Rating) 9 Is Facility Free of Sediment/Debris? No Recommend the 1 1/2 in, 15% coverage, of sandy silt sediment and debris be removed from the floor plates Sediment/Debris Type Sandy Silt Other Debris Photo of Sediment/Debris Photo 103 Photo 104 Photo 105 Photo 106 Photo 107 Photo 108 Photo 109 Sediment Depth 1 1/2” Percentage of Sediment Coverage 15% Level of Staining Inside Facility None Page 193 Item 16. Clarity of Water Good Quality of Water Good Water Temperature Cool Water Depth (Maximum) 50ft Water Depth (Actual) 24ft Inspector J. Wallace 16.12.2024 16:23 CST Page 194 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE CRAIG STREET ELEVATED STORAGE TANK REHABILITATION PROJECT (2520-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 Freese and Nichols, Inc., a company authorized to do business in Texas, acting through a duly authorized officer, herein after 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 Craig Street Elevated Storage Tank Rehabilitation Project (2520-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 foreg oing, 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 Three Hundred Sixty Eight Thousand Nine Hundred Fifty Dollars ($368,950) 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 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 Page 195 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 19 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 C onsultant'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, specifi cations 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 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. Page 196 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 19 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: Freese and Nichols, Inc. Clayton Barnard, P.E., Principal 6136 Frisco Square Blvd, Suite 375 Frisco, TX 75034 clayton.barnard@freese.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 mcanizares@prospertx.gov 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 its rights or delegate its 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. 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 Page 197 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 19 to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contr acts with or provide supplies or services to a “foreign terrorist organization” as defined in § 22 52.151 of the Texas Government Code. 21. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22. 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____. FREESE AND NICHOLS, INC. By: Signature Clayton Barnard, PE Printed Name Principal/Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date June 13, 2025 Page 198 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 19 EXHIBIT “A” SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE CRAIG STREET ELEVATED STORAGE TANK REHABILITATION PROJECT (2520-WA) I. PROJECT DESCRIPTION Freese and Nichols, Inc. (Engineer) has met with the Town and determined the scope of work and the services to be rendered. The general description of the work shall be as follows. This project includes the rehabilitation design of the existing 2.0 MG Craig Elevated Storage Tank (EST). The design will be based on the observations of the site visit conducted on April 2nd, 2025 as well as the issues identified by the Town. The project will include formal 60% design, and 100% design review submittals. Review meetings will be included in between the 60% and 100% submittals, and before the final signed and sealed submittal. Freese and Nichols, Inc. will provide bid phase services, and general representation during the construction phase. The current rehabilitation needs based upon discussions with the Town and the Site Visit conducted on April 2nd, 2025 are as follows: 1. Interior ceiling coating system is in poor condition and support system shows signs of corrosion. Town to provide FNI with video/photo support from the forthcoming pressure washing efforts. 2. Interior and exterior coating system is at end of life span and in need of blast/recoat. 3. Replacement of vent at top landing. Prefer a louvered vent that can be opened and closed dependent on season. 4. Replacement of conduit grommets adjacent to roof hatch. 5. Coordination with cellular entities for repair operations. Relocation of cellular cabling from the ladder structures to facilitate safe climbing. 6. Landscaping improvements including the replacement of 2-4 shrubs adjacent to the Verizon communications building. 7. Combine the two irrigation controllers into the controller located at the pedestal interior. No other irrigation improvements are planned. 8. Replacement of the interior and exterior metal halide wall packs with LED fixtures. 9. Replacement of the interior compact fluorescent wall mount lights with wire guard with similar form LED fixtures. 10. Replacement of the exterior convenience receptacles and covers with cast metal type. 11. Replacement of the heat trace system at the pedestal interior, as well as the addition of heat trace to the 6” drain line at the top landing. 12. Replacement of the existing overhead door manual operator with a motor operator. 13. Replacement of the exterior electrical equipment rack supports. 14. Improvements to the FAA obstruction light system including replacement of rooftop lighting assembly, and addressing the control panel’s missing flashing function. 15. Addition of PIT-02 (pressure transducer) on distribution system side of the Cla-Val. PIT addition will utilize existing pipe tap and wiring/conduit., 16. Update of the logo on the tank to the Town’s current logo branding. No rendering or Page 199 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 19 logo design assistance is planned. II. GENERAL REQUIREMENTS A. Consultant will coordinate the efforts of sub consultants involved in the project, including inspectors, and the Town Staff. Provide oversite of the schedule to maintain desired schedule. B. Consultant shall submit a monthly report outlining, at a minimum, the work on the project which occurred the previous month, the work expected to be completed the following month, the next major project milestone, and any information needed from the Town. The report is to be submitted with the monthly invoice. C. The tank assessments and recommendations will be based on the existing data provided by the Town and observations gathered in the field. III. BASIC SERVICES Consultant will provide the following services associated with this project upon notice to proceed. A. TASK 1 – Intermediate Design (60%) 1. Consultant will conduct a kickoff meeting with the Town to discuss data needed for the rehabilitation of the EST, review scope and discuss schedule. 2. Review the tank site to supplement existing tank site information provided by the Town. The Town will provide all available layout drawings, shop drawings, existing coatings data and geotechnical reports available on the tank. 3. Prepare preliminary design plan sheets. 60% plans will include information on the noted tank repair and electrical improvements. No site or drainage improvements are planned, but they can be provided as an additional service if deemed necessary. 4. Prepare and submit contract and bid documents with preliminary project manual at 60%. 5. Prepare preliminary details for tank rehabilitation aspects. The 60% plans shall include all standard details required for construction. 6. It is anticipated that only minor electrical improvements are needed for heat trace additions, and LED lighting improvements, and FAA lighting improvements. 7. Prepare estimate of probable construction cost. 8. Prior to completing the 60% design, meet with the Town to review the design progression and incorporate any feedback received into the formal submittal. Page 200 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 19 9. Submit two (2) copies of preliminary plans (2 – 11”x17”), preliminary project manual, and preliminary OPCC for the Town review and TOWN’s distribution to the necessary developers. 10. Conduct one (1) meeting with the Town to discuss comments and elements mid-way through the 60% submittal and at the end of the 60% submittal, total of two (2) meetings. 11. Assist the Town with franchise utility coordination. It is assumed that the Town will initiate and provide contact information for the affected cellular entities. FNI will meet up to two (2) times with franchise utility providers. B. TASK 2 –Final Design (100%) 1. Upon approval of intermediate design in Task 1, Engineer to prepare final plans based Town comments. 2. Engineer will begin to prepare final plans (each sheet to be stamped, dated, and signed by Consultant) and submit bid proposal quantities, special provisions and technical specifications. The final submittal shall include the following; a. Town title page with location map and sheet index. b. Project Layout Sheet, General Notes, Summary of Quantities, and general “aerial background” site layout (no survey). c. Special repair detail and standard detail sheets. Town standard details may be incorporated as needed. d. Bid proposal, quantities, special provisions, Town standard contract documents and technical specifications. 3. Engineer will send the Town the 100% unsigned QC set of plans for the Town to review. Attend a meeting to review any comments received on the unsigned 100% submittal with the Town. Incorporate any necessary changes and finalize the plans. 4. Provide Town two (2) copies of the 100% sealed approved and dated plans (2 – 11”x17”), final project manual, and final cost estimate. 5. Furnish such information necessary to utility companies whose facilities may be affected, or services may be required for the Project. Page 201 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 19 C. TASK 3 – Bid Phase (100%) 1. Assist Town in securing bids for the project. Provide a copy of the notice to bidders for Town to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Town. 2. Assist the Town during the bid phase with answering questions received from prospective bidders during bid phase. Provide additional information and issue addenda, if required, during the bid phase. 3. Assist the Town in conducting a pre-bid conference for the construction project and coordinate responses with Town. Response to the pre-bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre-bid conference. 4. FNI will attend the bid opening and assist Town in analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Town. 5. Assist Town in the preparation of Construction Contract Documents for construction contracts. Provide eight (8) sets of Construction Contract Documents which include information from the selected bidders’ bid documents, legal documents, and addenda bound in the documents for execution by the Town and construction contractor. Distribute three (3) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Town with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 6. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 7. Deliverables for the Bid Phase include: a. Notice to Bidders b. Electronic copies of plans, project manual, bidding documents, and addenda c. Recommendation of Award with tabulation of bids d. Conformed contract documents for execution e. Copies of conformed contract documents for Contractor and Town Page 202 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 19 D. TASK 4 – Construction Phase General Representation 1. Assist Owner in conducting pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract. 2. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor’s submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals (20 estimated), in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 3. Make visits (monthly, up to a total of 6) appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of the specified number are an additional service. Visits to be in conjunction with monthly construction progress meetings. FNI to run monthly meetings, develop agenda and take meeting minutes. 4. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 5. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 6. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. 7. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and Page 203 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 19 make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Owner if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 8. Conduct, in company with Owner’s representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Owner in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. E. TASK 5 – Record Drawings 1. Consultant shall modify the Final Drawings electronically and shall place a stamp on the plans indicating they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the Engineer of Record and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent them as constructed conditions to the extent that documented changes were provided for recording. The Engineer assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. 2. Consultant shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in PDF and DWG format. Consultant may keep copies of the information provided by the Town for their files, but all original, red-lined drawings shall be returned to the Town with the digital files. 3. Record Drawings shall be PDF and DWG. Page 204 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 19 IV. SPECIAL SERVICES Consultant will provide the following services associated with this project upon written authorization from the Town. A. TASK 6 – Boswell Part-time Inspection 1. Pre-Construction Meeting a. Attend one virtual preconstruction meeting. b. A report will not be provided by Boswell & Reyes (BRI) for attendance of the meeting. 2. Tank Welding Repairs a. Visit the project site up to six (6) times, eight hours maximum per trip for inspection of welding repairs. AWS CWI Inspector, Inspection to include: i. Verify welder certification and welder procedures for the project. ii. Verify welding work is being performed in accordance with the submitted welding procedures. iii. Verify required electrodes for the project are being used. iv. Inspect quality of welds. v. Provide reports for inspection visits that include photos once per week. b. Project Management and Administration, does not include site visits. 3. Tank Painting a. Visit project up to fifty-two (52) times, eight hours maximum per trip for inspection of tank interior and exterior abrasive blasting and painting. NACE Level I Inspector, Inspection to include: i. Verify abrasive blasting materials. ii. Inspection of abrasive quality of prepared surfaces. iii. Inspection of anchor profile of prepared surfaces. iv. Verify coating batch numbers and manufacture dates - shelf life. v. Verify mixing of coatings for application. vi. Inspection and measure application of coating. vii. Witness the contractor perform tank interior Holiday testing. viii. Provide reports for inspection visits that include photos once per week. b. Project Management and Administration, does not include site visits. Page 205 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 19 V. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES: Additional Services not included in the existing Scope of Services – Town and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the Town’s written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: A. Providing services for studies, analysis or design for modifications of the existing chemical system. B. Providing detailed electrical and SCADA inspection and/or design services. C. Providing design services for tank and site improvements. D. Providing studies or design of on-site or off-site drainage including storage tank overflow drainage. E. Preparation and/or permitting submittals, including TCEQ. F. Providing environmental impact studies associated with drainage or other factors. G. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the Town. I. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. J. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. K. Preparing data and reports for assistance to the Town in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. L. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s), regulatory agencies or other third parties. Page 206 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 19 M. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. N. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. O. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. P. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. Q. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. R. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. VI. DELIVERABLES: 60% Design Submittal (Plans, Spec TOC, OPCC) 100% Design Submittal (Plans, Specs, OPCC) Record Drawings Page 207 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 19 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE CRAIG STREET ELEVATED STORAGE TANK REHABILITATION PROJECT (2520-WA) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Amount Notice-to-Proceed June 2025 $0 Task 1 – Intermediate Design (60%) November 2025 $100,100 Task 2 – Final Design (100%) February 2026 $106,800 Task 3 – Bid Phase June 2026 $18,450 Task 4 -Construction General Rep May 2027 $59,500 Task 5 – Record Drawings May 2027 $7,400 Task 6 – Boswell Part-time Inspection May 2027 $76,700 Total Compensation $368,950 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Schedule Amount Task 1 – Intermediate Design (60%) November 2025 $100,100 Task 2 – Final Design (100%) February 2026 $106,800 Task 3 – Bid Phase June 2026 $18,450 Task 4 -Construction General Rep May 2027 $59,500 Task 5 – Record Drawings May 2027 $7,400 Total Basic Services: $292,250 Special Services (Hourly Not-to-Exceed) Schedule Amount Task 6 – Boswell Part-time Inspection May 2027 $76,700 Total Special Services: $76,700 Direct Expenses Schedule Amount None N/A $0 Total Direct Expenses: $0 Page 208 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 19 EXHIBIT B COMPENSATION/PRICING SCHEDULE Min Max Professional 1 107 206 Professional 2 125 213 Professional 3 155 327 Professional 4 169 393 Professional 5 224 408 Professional 6 254 478 Construction Manager 1 118 180 Construction Manager 2 133 217 Construction Manager 3 173 224 Construction Manager 4 184 279 Construction Manager 5 224 342 Construction Manager 6 301 408 Construction Representative 1 96 118 Construction Representative 2 107 136 Construction Representative 3 114 206 Construction Representative 4 147 217 CAD Technician/Designer 1 78 140 CAD Technician/Designer 2 111 221 CAD Technician/Designer 3 147 261 Corporate Project Support 1 81 180 Corporate Project Support 2 89 265 Corporate Project Support 3 111 382 Intern / Coop 59 107 Rates for In-House Services and Equipment Mileage Bulk Printing and Reproduction Equipment Standard IRS Rates B&W Color Valve Crew Vehicle (hour)$75 Small Format (per copy)$0.10 $0.25 Pressure Data Logger (each)$500 Technology Charge Large Format (per sq. ft.)Water Quality Meter (per day)$100 $8.50 per hour Bond $0.25 $0.75 Microscope (each)$150 Glossy / Mylar $0.75 $1.25 $275 Vinyl / Adhesive $1.50 $2.00 $275 Flushing / Cfactor (each)$500 Mounting (per sq. ft.)$2.00 Backpack Electrofisher (each)$1,000 Binding (per binding)$0.25 Survey Grade Standard Drone (per day)$200 $100 GPS (per day)$150 $50 OTHER DIRECT EXPENSES: These ranges and/or rates will be adjusted annually in February. Last updated 2025. 367022025 Position Other direct expenses are reimbursed at actual cost times a multiplier of 1.15.They include outside printing and reproduction expense,communication expense,travel,transportation and subsistence away from the FNI office.For other miscellaneous expenses directly related to the work,including costs of laboratory analysis, test,and other work required to be done by independent persons other than staff members,these services will be billed at a cost times a multipler of 1.15.For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services,these services will be billed at cost times a multiplier of 2.0.This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Hourly Rate Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Two Hundred Ninety Two Thousand Two Hundred Fifty Dollars ($292,250). Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed Seventy Six Thousand Seven Hundred Dollars ($76,700). If FNI sees the Scope of Services changing so that Additional Services are needed,including but not limited to those services described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. COMPENSATION Coating Inspection Kit (per day) Ultrasonic Thickness Guage (per day) Page 209 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 OF 19 EXHIBIT C INSURANCE REQUIREMENTS Service provider 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 the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 210 Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 17 OF 19 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’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. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: 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 the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “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 the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 211 Item 16. Page 212Item 16. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 19 OF 19 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE None N/A None N/A June 13, 2025 Page 213 Item 16. LOCATION MAP Craig Road Elevated Storage Tank Rehabilitation Craig Road Elevated Storage Tank First Street Craig Road Page 214 Item 16. Page 1 of 4 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Planned Development for Haiman Addition, Block A, Lot 1 (305 East Seventh Street) Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Planned Development to create two single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street. (ZONE-24-0002) Future Land Use Plan: The Future Land Use Plan recommends Old Town District. PLANNING Page 215 Item 17. Page 2 of 4 Zoning: The property is zoned Single Family-15. Thoroughfare Plan: This property has direct access to Seventh Street. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. Hike & Bike Trail: The Hike & Bike Trail Master Plan does not indicate a trail along this property. Legal Obligations and Review: Notification was provided as required by the Zoning Ordinance and state law. Staff have not received any response to the proposed zoning request to date. Attached Documents: 1. Aerial Map 2. Zoning Map 3. Future Land Use Exhibit 4. Final Plat of Haiman Addition, Block A, Lot 1 5. Exhibit A-1 – Legal Description 6. Exhibit A-2 – Boundary Exhibit 7. Exhibit B – Letter of Intent 8. Exhibit C – Development Standards 9. Exhibit D – Conceptual Plan 10. Exhibit E – Development Schedule 11. Draft Development Agreement 12. Letter in Support (Ciatti, Shannon) Description of Agenda Item: The purpose of this request is to rezone the property to split the lot into two lots. The lot is currently 28,000 square feet, and the applicant requests to subdivide the lot into two lots, bringing each lot to 14,000 square feet and not quite meeting the requirement of 15,000 square feet per the SF-15 zoning. Compatibility: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Single Family-15 Residential Old Town District North Planned Development-37 (PD-37) Residential Old Town District East Single Family-15 Residential Old Town District South Single Family-15 Residential Old Town District West Single Family-15 Residential Old Town District Page 216 Item 17. Page 3 of 4 The property originally consisted of two tracts of land that were approximately 14,000 square feet each. In March of 2015, the property was platted into one lot. The proposal to subdivide the property into two lots is compatible with the surrounding development. There are similar lots in the area that are less than 15,000 square feet. See exhibit below: Page 217 Item 17. Page 4 of 4 District Regulations: The district regulations for this property will be Single Family-15. The only exception to the typical standards is the minimum lot area being 14,000 square feet rather than 15,000 square feet. Below is a summary of the proposed district regulations:  Size of Yards o Minimum Front Yard — 35 feet. o Minimum Side Yard — 10 feet; 15 feet on corner adjacent to side street. o Minimum Rear Yard — 25 feet.  Size of Lots: o Minimum Lot Area — 14,000 square feet. o Minimum Lot Width — 100 feet. o Minimum Lot Depth — 135 feet. Uses: The list of permitted uses within this Planned Development is shown below.  Single Family Dwelling, Detached  Accessory Buildings Architectural Standards: Any new construction or updates to the existing home will need to comply with the standards listed in Exhibit C and in the development agreement. A draft development agreement has been prepared for review. Staff Recommendation: This zoning change is compliant with the Future Land Use Plan and would not be seen as out of character with the neighborhood due to the similar sizes of the surrounding properties. For these reasons, Staff recommends approval of the request for a Planned Development to create two single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended approval of this item by a vote of 5-0 at their meeting on June 3, 2025. Proposed Motion: I move to approve/deny the request for a Planned Development to create two single-family lots by subdividing a residential lot on Haiman Addition, Block A, Lot 1, on 0.6± acre, located on the north side of Seventh Street and 120± feet west of Church Street. Page 218 Item 17. 0 100 20050 Feet CALLALILYLNE SEVENTH STE SEVENTH ST DRAGONFLY DR N CHURCH STCOIT RDLOVERS LNTEELPKWYPROSPER TRL FISHTRAP RD MAHARDPKWYPRESTONRDLACIMABLVDLEGACY DRFM 1385FIRST ST RICHL A N D BLV D BROADWAY ST FRONTIER PKWY US HIGHWAY 380SHAWNEE TRLDALLASNORTHTOLLWAYGEERD PRAIRIE DRIVE COLEMANCUSTER RDPARVIN R D HAYSRD¯ Planned Development ZONE-24-0002 305 E Seventh St Page 219 Item 17. Page 220 Item 17. Future Land Use Exhibit Page 221 Item 17. Page 222 Item 17. Page 223 Item 17. DRAWN BY: SS DATE: 02/13/2024 CHECKED BY: MNP JOB NO.: D59045OWNER/DEVELOPERDEANA L. SHUTES-HAIMAN305 E 7TH ST.PROSPER, TEXAS 75078,PH.# 915-474-0177Collin County, Texas1955 LAKEWAY DRIVE, SUITE 220 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYINGPLATTINGWINDROSELEGEND OF ABBREVIATIONS·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS·O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS·P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS·ROWRIGHT OF WAY·IRS1/2 INCH RED CAPPED REBAR STAMPED "WINDROSE" SET·C.M.CONTROLLING MONUMENTEXHIBIT A-2HAIMAN ADDITIONBLOCK A, LOT 1,SITUATED IN THECOLLIN COUNTY SCHOOL LANDS SURVEY,ABSTRACT NO. 147IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXAS“”“”“”Last Revision Date: 09/25/2024OWNER/DEVELOPER FREDERICK HAIMAN5300 TOWN & COUNTRY SUITE 200FRISCO, TEXAS 75034,PH.# 214-618-3160Collin County, TexasPage 224Item 17. Exhibit B ZONE-24-0002 Statement of Intent and Purpose The purpose of this zoning request is to change the current zoning from Single Family-15 to a Planned Development to be able to comply with the Town of Prosper’s platting requirements in order to subdivide the property into two lots. The future plan for the property will be to sell the lots. Page 225 Item 17. ZONE-24-0002 Exhibit C Development Standards This tract shall develop under the regulation of the Single Family – 15 District (SF-15) as outlined in the Town’s Zoning Ordinance, as it exists or may be amended with the following conditions: 1. Permitted Uses The permitted uses are as follows: • Single Family Residence, Detached • Accessory Buildings 2. District Regulations The district regulation requirements within this Planned Development are as follows: • Size of Yards o Minimum Front Yard — 35 feet. o Minimum Side Yard — 10 feet; 15 feet on corner adjacent to side street. o Minimum Rear Yard — 25 feet. • Size of Lots: o Minimum Lot Area — 14,000 square feet. o Minimum Lot Width — 100 feet. o Minimum Lot Depth — 135 feet. 3. Architectural Standards The architectural standards within this Planned Development are as follows: • Building materials requirements o The exterior facades shall be constructed of 100 percent masonry (clay fired brick, natural and manufactured stone, granite, marble, and stucco). Other materials may be approved by the Director of Development Services. o Stucco on structures shall be traditional 3-coat process cement plaster stucco. o Cementitious materials may constitute up to twenty percent (20%) of the area for stories other than the first story. o On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. Page 226 Item 17. o The exterior cladding of chimneys shall be brick, natural or manufactured stone, or stucco. o Cementitious materials may be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. • Existing Structures o Exterior alterations not related to maintenance shall be approved by the Director of Development Services or his/her designee. • New Structures o The architectural style of the building shall be compatible with the neighboring properties. o Exterior elevations shall be submitted to the Planning Division and are subject to the approval of the Director of Development Services or his/her designee. o Shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines. Recommended architectural styles are Craftsman, Folk Traditional, and Victorian. Page 227 Item 17. DRAWN BY: SS DATE: 02/13/2024 CHECKED BY: MNP JOB NO.: D59045Last Revision Date: 09/25/20241955 LAKEWAY DRIVE, SUITE 220 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYINGPLATTINGWINDROSELEGEND OF ABBREVIATIONS·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS·O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS·P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS·ROWRIGHT OF WAY·IRS1/2 INCH RED CAPPED REBAR STAMPED "WINDROSE" SET·C.M.CONTROLLING MONUMENTEXHIBIT DCASE NO. ZONE-24-0002HAIMAN ADDITIONBLOCK A, LOT 1PROPOSED: LOTS 1R-1 AND 1R-20.6428 ACRESSITUATED IN THECOLLIN COUNTY SCHOOL LANDS SURVEY,ABSTRACT NO. 147IN THE TOWN OF PROSPER,COLLIN COUNTY, TEXASLEGENDOWNER/DEVELOPERDEANA L. SHUTES-HAIMAN305 E 7TH ST.PROSPER, Texas 75078,PH.# 915-474-0177Collin County, TexasOWNER/DEVELOPER FREDERICK HAIMAN5300 TOWN & COUNTRY SUITE 200FRISCO, TEXAS 75034,PH.# 214-618-3160Collin County, TexasPage 228Item 17. Exhibit E ZONE-24-0002 Development Schedule The purpose of the Planned Development is to subdivide the property and sell it in the future for the development of a single-family residence. Page 229 Item 17. Page 1 of 10 HAIMAN ADDITION DEVELOPMENT AGREEMENT THIS HAIMAN ADDITION DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Haiman Family Legacy Wealth Trust, Frederick O. Haiman and Deana Shutes-Haiman (collectively, “Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing a project in the Town known as Haiman Addition, Block A, Lot 1 (“Property”), a legal description of which Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about _______, 2025, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Developer’s reasonable investment-backed expectations in said development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. Page 230 Item 17. Page 2 of 10 3. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 4. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages 5. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 6. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Haiman Family Legacy Wealth Trust c/o Deana L. Shutes - Haiman 305 E 7th Street Prosper, TX 75078 c/o Frederick Haiman 5300 Town & Country, Suite 200 Frisco, TX 75034 7. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the Page 231 Item 17. Page 3 of 10 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). 8. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 9. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 10. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 11. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. 12. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. 13. 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 nonbinding mediation. 14. Notification of Sale or Transfer; Assignment of Agreement. Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will Page 232 Item 17. Page 4 of 10 become a Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 15. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 16. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 17. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 18. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 19. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall Page 233 Item 17. Page 5 of 10 be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 21. Waiver of Texas Government Code § 3000.001 et seq. With respect to any and all Structures to be constructed on the Property pursuant to this Agreement, Developer hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-3000.005, as amended. 22. Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any Third-Party not a signatory to this Agreement, and the Parties do not intend to create any third-party beneficiaries by entering into this Agreement. 23. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 24. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the opportunity to have legal counsel review this Agreement and advise Developer, regarding Developer’s rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby releases the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. Page 234 Item 17. Page 6 of 10 TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of ______________, 2025, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 235 Item 17. Page 7 of 10 DEVELOPER: Haiman Family Legacy Wealth Trust By: _____________________________ Name: Frederick O. Haiman Title: ____________________________ By: _____________________________ Name: Deana Shutes-Haiman Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2025, by Frederick O. Haiman and Deana Shutes-Haiman on behalf of Haiman Family Legacy Wealth Trust, known to be the persons whose names are subscribed to the foregoing instrument, and that they executed the same on behalf of and as the act of Developer. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 236 Item 17. Page 8 of 10 EXHIBIT A (Property Description & Depiction) Page 237 Item 17. Page 9 of 10 Page 238 Item 17. Page 10 of 10 EXHIBIT B (Building Materials) Architectural Standards The architectural standards within this Planned Development are as follows: • Building materials requirements o The exterior facades shall be constructed of 100 percent masonry (clay fired brick, natural and manufactured stone, granite, marble, and stucco). Other materials may be approved by the Director of Development Services. o Stucco on structures shall be traditional 3-coat process cement plaster stucco. o Cementitious materials may constitute up to twenty percent (20%) of the area for stories other than the first story. o On side and rear elevations, cementitious materials may not be used as a façade cladding material for portions of upper stories that are in the same vertical plane as the first story. o The exterior cladding of chimneys shall be brick, natural or manufactured stone, or stucco. o Cementitious materials may be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official. • Existing Structures o Exterior alterations not related to maintenance shall be approved by the Director of Development Services or his/her designee. • New Structures o The architectural style of the building shall be compatible with the neighboring properties. o Exterior elevations shall be submitted to the Planning Division and are subject to the approval of the Director of Development Services or his/her designee. o Shall incorporate covered porches into the front façade, a multiplicity of roof forms, and high pitch roof lines. Recommended architectural styles are Craftsman, Folk Traditional, and Victorian. Page 239 Item 17. Page 240 Item 17. Planned Development Haiman Addition, Block A, Lot 1 (ZONE-24-0002) Page 241 Item 17. Information Purpose: The purpose of this zoning request is to change the current zoning from Single Family-15 to a Planned Development to be able to comply with the Town of Prosper’s platting requirements in order to subdivide the property into two lots. The future plan for the property will be to sell the lots. The lot is currently 28,000 square feet, and the applicant requests to subdivide the lot into two lots, bringing each lot to 14,000 square feet and not quite meeting the requirement of 15,000 square feet per the SF-15 zoning. Page 242 Item 17. Page 243 Item 17. Information Cont. The property originally consisted of two tracts of land that were approximately 14,000 square feet each. In March of 2015, the property was platted into one lot. The proposal to subdivide the property into two lots is compatible with the surrounding development. There are similar lots in the area that are less than 15,000 square feet. Page 244 Item 17. Page 245 Item 17. Page 246 Item 17. Page 247 Item 17. Information Cont. The two new lots would still comply with the standards of Single Family –15, with the exception of the minimum lot area of 15,000 square feet. Size of Yards: 1. Minimum Front Yard —35 feet. 2. Minimum Side Yard —10 feet; 15 feet on corner adjacent to side street. 3. Minimum Rear Yard —25 feet. Size of Lots: 1. Minimum Lot Area —14,000 square feet. 2. Minimum Lot Width —100 feet. 3. Minimum Lot Depth —135 feet.Page 248 Item 17. Page 249 Item 17. Conceptual Plan Page 250 Item 17. Noticing Notices: •Mail out –May 23, 2025 •Newspaper –June 6, 2025 Citizen Response: •One Letter in Favor of the Proposal Page 251 Item 17. Recommendation Town Staff: •Approval Planning & Zoning Commission: •Approval (5-0) on June 3, 2025 Page 252 Item 17. Page 1 of 2 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Lot Frontage Waiver for Frontier South, Block A, Lot 3 Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon a request for a Waiver for Lot Frontage on Frontier South, Block A, Lot 3, on 1.7± acres, located on the west side of Preston Road and 500± feet north of Coleman Street. (WAIV-25-0003) Description of Agenda Item: The conceptual plan in the approved Planned Development-116 showed four lots in total with two of the lots not having frontage onto public right-of-way. The proposed preliminary site plan shows three lots with one lot, Lot 3, not having frontage onto public right-of-way. In Article 10.03, Section 137 (§ 10.03.137) of the Town’s Subdivision Ordinance, it is acknowledged that certain nonresidential developments may contain lots that cannot achieve access to a public street and allows for Town Council to grant a waiver if adequate access including required fire lanes are provided through dedicated public access easements from a public street. A subdivision waiver to regulations within the Subdivision Ordinance may be approved only when, in the decision-maker's opinion, undue hardship will result from strict compliance to the regulations. The following criterion should be considered when evaluating a waiver request:  The nature of the proposed land use involved and existing uses of the land in the vicinity.  The number of persons who will reside or work in the proposed development.  The effect such subdivision waiver might have upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. PLANNING Page 253 Item 18. Page 2 of 2 The following findings should be presented when evaluating a waiver request:  That there are special circumstances or conditions affecting the land involved or other physical conditions of the property such that the strict application of the provisions of this subdivision ordinance would deprive the applicant of the reasonable use of his or her land.  That the subdivision waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the subdivision waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area  That the granting of the subdivision waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subdivision ordinance. Additionally, waivers should meet the minimum degree of variation of requirements necessary to meet the objective of the applicant requesting the waiver and should not violate or conflict with any other valid ordinance, code, regulation, master plan or Comprehensive Plan of the town. Access: Access is provided from Preston Road through internal cross access via proposed fire lane, drainage, access, and utility easements. Companion Item: As a companion item, the Preliminary Site Plan (DEVAPP-24-0128) is on this Town Council agenda. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. Location Map 2. Waiver Request Letter 3. Preliminary Site Plan (DEVAPP-24-0128) 4. Approved Conceptual Plan (Planned Development-116) 5. PowerPoint Slides Town Staff Recommendation: Town Staff recommends approval of the Lot Frontage Waiver. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended approval of this item by a vote of 5-0 at their meeting on June 17, 2025. Proposed Motion: I move to approve/deny a request for a Waiver for Lot Frontage on Frontier South, Block A, Lot 3, on 1.7± acres, located on the west side of Preston Road and 500± feet north of Coleman Street. Page 254 Item 18. Frontier South, Block A, Lot 3 WAIV-25-0003 Lot Frontage Waiver Page 255 Item 18. KIRKMAN ENGINEERING :: 5200 State Highway 121 Colleyville, TX 76034 Ph: 817-488-4960 :: TBPE Firm #15874 Page 1 of 1 Kirkman Engineering 5200 State Highway 121 Colleyville, TX 76034 817.488.4960 May 14, 2025 Suzanne Porter Town of Prosper 250 W. First Street Prosper, TX 75078 972-569-1095 RE: Victory at Frontier Waiver Request Requesting a waiver for no frontage for Lot 3 of Victory at Frontier South located at the north west corner of the intersection of N Preston Rd and N Coleman Street. Lot 3 has two proposed points of access provided by mutual access easements but does not have direct access frontage to any public right-of-way. Thank you for your consideration. Sincerely, John Gardner, PE Page 256 Item 18. UP UP FH FH FH FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRE L A N E FIRE L A N E FIRE L A N EFIRELANE F I R E L A N E F I R E L A N E F I R E L A N E FI R E L A N E FIRELANE FH70470370 2 70 1 70 0699 6 9 8 6976966956 9 4 6 9 3 6 9 2 691690689688687686685704703703702701700699698697696695694693692691690689688687686 7187 1 7 71 6 7 1 5 7 1 4 7 1 3 7 1 2 7117107097087077067057 0 4 7 0 3 702693694695696697Jones Jerral W Etal Volume 5184 Page 212 O.P.R.C.C.T. Land Use: Undeveloped LOT 3, BLOCK A VICTORY AT FRONTIER LLC DOC. NO. 20161122001590950 D.R.C.C.T. LAND USE: UNDEVELOPED LOT 4, BLOCK A VICTORY AT FRONTIER LLC VOL. 2018, PG. 699, P.R.C.C.T. ZONING: PD-10 LAND USE: RETAIL - RESTAURANT PROSPER UNITED METHODIST CHURCH ZONING: SINGLE FAMILY EX. LAND USE: CHURCH INSTRUMENT NO. 20190626000744210 O.P.R.C.C.T. REMAINDER OF VICTORY AT FRONTIER SOUTH, LP INST. NO. 20180824001065580 OP.R.C.C.T. ZONING: OFFICE LAND USE: UNDEVELOPED N PRESTON RD(STATE HIGHWAY 289)N COLEMAN STREET UP UP FH FH FH FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRE L A N E FIRE L A N E FIRE L A N EFIRELANE F I R E L A N E F I R E L A N E F I R E L A N E FI R E L A N E FIRELANE FH70470370 2 70 1 70 0699 6 9 8 6976966956 9 4 6 9 3 6 9 2 691690689688687686685704703703702701700699698697696695694693692691690689688687686 7187 1 7 71 6 7 1 5 7 1 4 7 1 3 7 1 2 7117107097087077067057 0 4 7 0 3 702693694695696697EXISTING DEVELOPMENT FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE Lot 1 Proposed Building Land Use:Restauant/Retail 12,400 sf TOTAL PARKS 93 7,080 REST. 71 PARKS 4,920 RETAIL 20 PARKS 400 PATIO 2 PARKS Lot 2 Proposed Building Land Use:Retail/Restaurant First Floor: 17,300 sf Second Floor: 12,000 sf Lot 3 RETAIL 19,700 SF 83 PARKS 6 8 15 12 12 7 69 5 9 714 13 13 4 9 13 10 811 8 10 10 13 14 2 TOTAL PARKS 178 FIRST FLOOR: 9,735 REST. 98 PARKS 7,965 RETAIL 32 PARKS SECOND FLOOR: 12,000 RETAIL 48 PARKS 2 7 14 14 89 12 10 10 12 FIRELANEFIRELANEFIRELANEFIRELANEF I R E L A N E FIRELANE FIREL A N E FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE 1 STORY2 STORY FH FH FH FH FH FH FH FH 135.3'10.0'20.0'10.5'20.0'26.0'18.0'10.5'24.0'20.0'20.0'18.0'24.0'18.0'10.0' 90.0'11.5'18.0'24.0' 20.0'20.0'24.0'20.0'20.0' 24.0' 12.0' 12.0'11.0 '11.0 ' 12 . 0 ' 12 . 0 '11.0'11.0'21.4'5.2' 211.2'93.8'128.9'425.1' TO NEAREST DRIVEWAY40.0 '40.0 '40.0'40.0'PROP. 8' MASONRY DUMPSTER ENCLOSURES PROP. 8' MASONRY DOUBLE DUMPSTER ENCLOSURE PROP. 8' MASONRY DUMPSTER ENCLOSURES EX. FIRE HYDRANT PROP. FIRE HYDRANT EX. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT EXISTING 100 - YEAR FEMA FLOODPLAIN LIMITS PROPOSED 100 - YEAR FEMA FLOODPLAIN LIMITS 30' BUILDING SETBACK30' BUILDING SETBACK2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 5' LS BUFFER 14' MASONRY SCREENING WALL WITH ROW OF EVERGREEN TREES PROP. RETAINING WALL 24' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT 26' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT 26' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT24' FIRELANE, DRAINAGE UTILITY,AND ACCESS EASEMENT15' UTILITY EASEMENT 2' OVERHANG PROP. 10' SIDEWALKR30'R3 0'R30'R 1 0 'R1 0 'R30'R 30'R30'R3 0' R 5 'R5'23.0 ' 11.0' 40.0' 18.0'9.0'18.0'9.0'18.0'9.0'18.0'9.0'18.0'9.0' R 3 0 'R30'36.0'R 3 0 '18.0'9.0'30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 2' OVERHANG 26.0' 18.0'26.0'20.0'20.0'26.0'18.0' 10.5' 32.0' 24.0' PROP. RETAINING WALL MAX. HEIGHT 8.24 FT 5.6'PROP. 10' SIDEWALK 10.0' PROP. 5' LANDSCAPE SETBACK 7.6'10.0'10.0'24' FIRELANE, DRAINAGE, UTILITY AND ACCESS EASEMENT (BY SEPARATE EASEMENT) 158.0'130.4'2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG GREASE TRAP GREASE TRAP GREASE TRAP GREASE TRAP 15' WATER ESMT STAIRS STAIRS STAIRS 6.5' EX. 15' SANITARY SEWER EASEMENT 5' LS BUFFER 5' LS BUFFER 8' WALL 8' WALL 9' WALL END OF WALL 8' WALL 11' WALL 17' WALL 11' WALL (TO BE CONTINUED OFFSITE) 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 13.0' 161.0' 30' BUILDING SETBCK30' BUILDINGSETBACK15' BUILDING SETBACK 15' BUILDING SETBACK LEGEND C3.0 FILENAME: C3.0 SITE PLAN_.dwgPLOTTED BY: John GardnerFULL PATH: K:\Jobs\VIC24003_Frontier South\Drawings\03 - ProductionK:\Jobs\VIC24003_Frontier South\Drawings\03 - Production\C3.0 SITE PLAN_PLOTTED DATE: 6/4/2025SHEET:REV:DATE:DESCRIPTION:FRONTIER SOUTHBLOCK A, LOTS 1 - 3 TOWN OF PROSPERCOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: VIC21021 DATE E N G I N E E R I N G JOHN D. GARDNER 138295 DATE: 05/30/2025 2911 TURTLE CREEK BLVD, STE 700 DALLAS, TX 75219 972-707-9555 SITE PLAN KEY 1 PROP. METER (DOMESTIC) 2 PROP. DCDC (FIRE SERVICE) 3 PROP. METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET010050 SCALE: 1" = 50' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. Know what's below. before you dig.Call R PROPOSED SIGN FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED CURB INLET PROPOSED GRATE INLET ACCESSIBLE ROUTE PARKING COUNT PROPOSED RETAINING WALL PROPOSED FDC PROPERTY BOUNDARY TREE FIRE LANE FH FIRELANE 10 SS PRELIMINARY SITE PLAN TOWN PROJECT DEVAPP-24-0128 FRONTIER SOUTH BLOCK A, LOTS 1 - 3 7.930 ACRES VICTORY AT FRONTIER SOUTH, LP (INST. NO. 20180824001065580) TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: 11/11/2024 ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: JOHN GARDNER, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TEXAS 76233 EMAIL: AMY_LONDON@ LONDON-LANDSCAPES.NET CONTACT: AMY LONDON, RLA OWNER/APPLICANT VICTORY AT FRONTIER SOUTH LP 2911 TURTLE CREEK BLVD. #700 DALLAS, TX 75219 PH: 214-934-2566 CONTACT: JESUS SANCHEZ289W FRONTIER PKWY STABLEFOR D S T ALLBRIGHT RD VICTORY WYWORTHINGTON WAYLANIER WAYCOLUMBUS LN CAROLINA LNPURDUE LN DUKE DR YALE LNMCMASTER LNSTANFORD LN DUBLIN RIDGE DRFEDERALRDWICHITA DR LONESOME DOVE DR WINCHESTER DRCATTLE DRBOZMAN TRAILCHISHOLM TRAIL REMINGTON RDCHEYENNE DRTOMBSTONE DR SANTA FE LN E FRONTIER PKWY PROJECT SITE N COLE M A N S T PRESTON HILLS CIRPRESTON HILLS ESTATESN PRESTON RDBARNSTORM D R KINGSBRIDGE LNVICINITY MAP N.T.S TOWN OF PROSPER NOTES: 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND * 9.LIVING SCREEN TO BE PROVIDED WHERE NEEDED, IN SPACES WHERE NATURAL SCREENING IS NOT SUFFICIENT. 10.LIVING SCREEN PLANT TYPES: AMERICAN PILLAR ARBORVITAE OR CAROLINA CHERRY LAUREL TREES. 11.AN EXHIBIT OF THE LIVING SCREEN WILL BE PROVIDED AT THE TIME OF THE SITE PLAN. OPEN SPACE TABLE LOT 1 LOT 2 LOT 3 EXISTING ZONING PD-116 PD-116 PD-116 PROPOSED ZONING PD-116 PD-116 PD-116 PROPOSED USE RESTAURANT/ RETAIL RESTAURANT/ RETAIL RETAIL LOT AREA (SF) /( ACRES)68,521 SF / 1.57 ACRES 201,162 SF / 4.62 ACRES 75,753 SF / 1.74 ACRES TOTAL BUILDING AREA (SF)12,400 SF 29,700 SF 19,700 SF BUILDING HEIGHT 20'-0" (1 STORY)40'-0" (2 STORY)20'-0" (1 STORY) LOT COVERAGE 18.10%14.76%26.01% PARKING REQUIREMENTS 1 PER 250 SF (RETAIL) 1 PER 100 SF (RESTAURANT) 1 PER 200 SF (PATIO) 1 PER 250 SF (RETAIL) 1 PER 100 SF (RESTAURANT) 1 PER 250 SF (RETAIL) BUILDING DISTRIBUTION RETAIL: 4,920 SF RESTAURANT: 7,080 SF PATIO: 400 SF 1ST FLOOR: RESTAURANT: 8,800 SF RETAIL: 8,900 SF 2ND FLOOR: RETAIL: 12,000 SF RETAIL: 20,630 SF TOTAL PARKING SPACES REQUIRED 93 172 79 TOTAL PARKING SPACES PROVIDED 93 172 83 REQUIRED ADA PARKING 4 6 4 PROVIDED ADA PARKING 4 6 4 IMPERVIOUS AREA (SF)54,187 S.Q. FT 96,932 S.Q. FT 68,108 S.Q. FT REQUIRED PARKING LOT LANDSCAPING (SF) 15 S.Q. FT PER SPACE (1,395 S.Q. FT) 15 S.Q. FT PER SPACE (2,670 S.Q. FT) 15 S.Q. FT PER SPACE (1,245 S.Q. FT) PROVIDED PARKING LOT LANDSCAPING (SF)3,030 S.Q. FT 4,743 S.Q. FT 4,426 S.Q. FT REQUIRED OPEN SPACE (SF)7% (4,797 S.Q. FT)7% (14,081 S.Q. FT)7% (5,303 S.Q. FT) PROVIDED OPEN SPACE (SF)11.5% (7,905 S.Q. FT)42.7% (85,805 S.Q. FT)12.1% (9,170 S.Q. FT) Page 257 Item 18. Page 258 Item 18. Frontier South, Block A, Lot 3 (WAIV-25-0003) Page 259 Item 18. Information Purpose: •Allow Lot 3 to have frontage onto a fire lane, access, utility, and drainage easement (F.A.U.D.E) instead of public right-of-way. History: •Approved conceptual plan in Planned Development-116 showed four lots with two lots not having frontage onto public right-of-way. Subdivision Ordinance: •Per Article 10.03, Section 137 (§10.03.137) of the Subdivision Ordinance, a waiver may be approved for lots in nonresidential developments that can not achieve access to a public street provided there is adequate access through public access easements from a public street.Page 260 Item 18. Information Cont. Criterion: •The following criterion should be considered when evaluating a waiver request. •The nature of the proposed land use involved and existing uses of the land in the vicinity. •The number of persons who will reside or work in the proposed development. •The effect such subdivision waiver might have upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Page 261 Item 18. Information Cont. Findings: •The following findings should be presented when evaluating a waiver request. •That there are special circumstances or conditions affecting the land involved or other physical conditions of the property such that the strict application of the provisions of this subdivision ordinance would deprive the applicant of the reasonable use of his or her land. •That the subdivision waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the subdivision waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area •That the granting of the subdivision waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subdivision ordinance. Page 262 Item 18. Page 263 Item 18. Page 264 Item 18. Page 265 Item 18. Page 1 of 2 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Lot Frontage Waiver for Victory at Frontier, Block A, Lots 3 & 9 Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon a request for a Waiver for Lot Frontage on Victory at Frontier, Block A, Lots 3 and 9, on 13.3± acres, located on the south side of Frontier Parkway and 345± feet west of Preston Road. (WAIV-25-0001) Description of Agenda Item: The proposed Preliminary Site Plan shows four lots with two of the lots, Lots 3 and 9, not having frontage onto public right-of-way. In Article 10.03, Section 137 (§ 10.03.137) of the Town’s Subdivision Ordinance, it is acknowledged that certain nonresidential developments may contain lots that cannot achieve access to a public street and allows for Town Council to grant a waiver if adequate access including required fire lanes are provided through dedicated public access easements from a public street. A subdivision waiver to regulations within the Subdivision Ordinance may be approved only when, in the decision-maker's opinion, undue hardship will result from strict compliance to the regulations. The following criterion should be considered when evaluating a waiver request:  The nature of the proposed land use involved and existing uses of the land in the vicinity.  The number of persons who will reside or work in the proposed development.  The effect such subdivision waiver might have upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. PLANNING Page 266 Item 19. Page 2 of 2 The following findings should be presented when evaluating a waiver request:  That there are special circumstances or conditions affecting the land involved or other physical conditions of the property such that the strict application of the provisions of this subdivision ordinance would deprive the applicant of the reasonable use of his or her land.  That the subdivision waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the subdivision waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area  That the granting of the subdivision waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subdivision ordinance. Additionally, waivers should meet the minimum degree of variation of requirements necessary to meet the objective of the applicant requesting the waiver and should not violate or conflict with any other valid ordinance, code, regulation, master plan or Comprehensive Plan of the town. Access: Access is provided from Frontier Parkway by internal cross access via a proposed fire lane, access, drainage and utility easements. Companion Item: As companion items, the Preliminary Site Plan (DEVAPP-25-0014) and Revised Conveyance Plat (DEVAPP-24-0015) are on this Town Council agenda. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. Location Map 2. Waiver Request Letter 3. Preliminary Site Plan (DEVAPP-25-0014) 4. Revised Conveyance Plat (DEVAPP-24-0015) 5. PowerPoint Slides Town Staff Recommendation: Town Staff recommends approval of the Lot Frontage Waiver. Planning & Zoning Recommendation: The Planning & Zoning Commission unanimously recommended approval of this item by a vote of 5-0 at their meeting on June 17, 2025. Proposed Motion: I move to approve/deny a request for a Waiver for Lot Frontage on Victory at Frontier, Block A, Lots 3 and 9, on 13.3± acres, located on the south side of Frontier Parkway and 345± feet west of Preston Road. Page 267 Item 19. Page 268 Item 19. 2900 Corporate Place | Chanhassen, MN 55317 06/05/2025 ATTN: Town of Prosper Development Services Department 250 W. First Street Prosper, TX 75078 RE: Life Time – Waiver Request Proposal: In conjunction with the Preliminary Site Plan application for Lot 3, Block A of the Victory Frontier Development, located at the southwest corner of Frontier Parkway and N. Preston Road, Life Time is also seeking a waiver for lot frontage. Life Time is proposing to develop on the southern portion of Lot 3, Block A within the Victory at Frontier development. Life Time is proposing to construct a 115,000 square foot, two-story health and fitness facility on 10.409 acres, known as Lot 3, Block A as depicted in the attached Conveyance Plat. The location of the proposed Life Time does not have the required lot frontage per the Town of Prosper Zoning Code. As part of the Preliminary Site Plan review, Life Time requests a formal waiver from this requirement for both Lot 3, Block A as well as Lot 9, Block A of the overall 17.241 acres. The proposed Lot 3, Block A will have multiple access points from Frontier Parkway and N. Preston Road. Lot 9, Block A will have access granted through Lot 3. These accesses will be formalized with recorded access easements on final plats. The site’s size, depth, and placement within a larger overall development has led to this request. Page 269 Item 19. FIRE L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIREL A N E FIRELANE FIRELANEFIRELANEFIRELANEFI R E L A N E FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRE L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIREL A N E FIRELANE FIRELANEFIRELANEFIRELANEFI R E L A N E FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE S S S S S S FL FL FL FL FL 7 8 7 10 14 14 9 9 9 9 8 8 9 13 5 14 6 8 10 9 11 FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FH FH 6 13 5 9 138 9 15 11 7 4 7 10 6 5 13 12 10 9 8 7 6 2 8 9 8 9 10 2 4 4 2 4 12 XXXXXXXXXFLFLFLFLFLFLFLFLFLFLFLFL10 1312 14 14 11 11 12 9 14 141414 9 12 11 6 10 9 8 T3P8 10 9 7 14 14 14 14 14 14 14 14 14 14 14 14 14 10 8 7 14 13 14 13 13 11 8 10 13 9 9 FLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FLFLFLFLFLS S S S S S FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFL FLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FL F L N. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.FRONTIER PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 20090721000915890 & VOL. 2021, PG. 56 O.P.R.C.C.T. BLOCK A, LOT 4 2.947 AC BLOCK A, LOT 1 2.487 AC BLOCK A, LOT 2 1.377 AC BLOCK A, LOT 7 1.486 AC BLOCK A, LOT 6 1.228 AC BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 8 3.904 AC BLOCK A, LOT 9 2.928 AC EX. MOB BLDG 6,000 SF EXISTING BUILDING: TOTAL: 11,718 SF RETAIL: 3,258 SF RESTAURANT: 6,860 SF MEDICAL OFFICE: 1,600 SF EX. SERVICE STATION BLDG 6,820 SF EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1,500 SF PROPOSED BUILDING: TOTAL: 16,685 SF RETAIL: 13,125 SF RESTAURANT: 3,560 SF PROPOSED BUILDING: TOTAL: 16,680 SF RETAIL: 13,250 SF RESTAURANT: 3,430 SF PRELIMINARY LAYOUT OF OUTDOOR POOL DECK 49,000 SF COVERED STRUCTURES, CANOPIES, AND/OR SLIDE STRUCTURES TO BE FIRE RETARDANT/TREATED IF APPLICABLE. ADDITIONAL INFORMATION TO BE PROVIDED WITH SITE PLAN AND BUILDING PLANS.FLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLBLOCK A, LOT 5 1.4233 AC 680680680 6806906826826846846846866866866886886886926 9 4 69 6 698680 680680 690 678 678 678678 6826 8 4 686 688 6926907007106 8 2 6846866866866886926946966987027 0 4 70670871271271071271471670669070068869269469669870270469 0 690 690700 710688 692694694694 696 698 702 704706708712712714716718 720716 716718722724724724724 71072 0 706708708708712714 714714716 718 70070070069870270 4 70 6 708PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128) FRONTIER RETAIL SOUTH TRACT IN REVIEW. PROPOSED HEALTH STUDIO/RECREATION CENTER (PRIVATE) FOOTPRINT: 52,900 SF TOTAL BUILDING AREA: 105,800 SF EXISTING BUILDING: TOTAL: 18,245 SF RETAIL: 9,421 SF RESTAURANT: 4,724 SF MEDICAL OFFICE: 3,500 SF PATIO: 600 SFFL BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPEROVERALLPRELIMINARY SITEPLANC-100 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES C-101 C-102 C-104 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 C-103 SITE DATA TABLE NOTES 1.LOT AREAS FOR LOT 1 AND 4 ARE PER THE FINAL PLAT 2.LOT AREA FOR LOT 5 AND 7 ARE BASED ON THE FINAL CONFIGURATION 3.PARKING LOT LANDSCAPING, OPEN SPACE, AND IMPERVIOUS AREA IS BASED ON THE LATEST APPROVED SITE PLAN FOR LOT 1 AND 4 3.PARKING LOT LANDSCAPING, OPEN SPACE, AND IMPERVIOUS AREA IS BASED ON THE LATEST SITE PLAN D22-0093 FOR LOT 1 AND 4 4.PARKING CALCULATIONS ARE BASED ON THE LATEST TENANT INFORMATION Page 270 Item 19. OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE FLFL FL FL FL FL FL FL FL FL FL FL FL FL FL7 8 7 10 14 14 9 9 9 9 8 8 9 13 5 14 11 FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFL F L FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFL10 1312 14 14 11 11 12 14 141414 14 14 14 14 14 14 14 14 14 11 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLS S S FLFLFLFLFLFRONTIER PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 20090721000915890 & VOL. 2021, PG. 56 O.P.R.C.C.T. BLOCK A, LOT 8 3.904 AC BLOCK A, LOT 3 10.409 AC PROPOSED BUILDING: TOTAL: 16,685 SF RETAIL: 13,125 SF RESTAURANT: 3,560 SF PROPOSED BUILDING: TOTAL: 16,680 SF RETAIL: 13,250 SF RESTAURANT: 3,430 SF N0°34'18"W521.22'PROP. FH PROP. CURB INLET PROP. CURB INLET PROP. CURB INLET PROP.FH PROP. FH PROP. BFR PROP. BFR PROP. RAMP PROP. RAMP PROP. RAMP PROP. RAMP PROP. RAMP PROP.PARKING PROP. PROPERTY LINE PROP.PARKING PROP.PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. ADA STALL PROP. ADA STALL PROP. ADA STALL PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP.PARKING EX. FH EX. FH EX. FH PROP. 8' MASONRY DUMPSTER PROP. 10' HIKE AND BIKE TRAIL 2' OVERHANG 2' OVERHANG 2' OVERHANG PROP. 7' SIDEWALK PROP. 7' SIDEWALK PROP. GRATE INLET PROP. GRATE INLET PROP. SSWR MHPROP. CURB INLET PROP. CURB INLET PROP.FH PROP. FDC W/ BOLLARDS PROP. SSWR MH 6907007106 8 2 684 6866866866886926946966987027 0 4 70670871271271071271471670669070068869269469669870270469 0 690 690700 710688 692694694694 696 698 702 704706708712712714716718 PROP. 8' MASONRY DUMPSTER 432.0' 181.6'9.0'24.0'F.A.D.U.E.18.0'9.0'24.0'24.0'24.0'24.0'18.0'9.0'18.0'9.0'20.0'20.0'9.0' 24.0' 18.0'9.0'9.0'18.0'9.0' 24.0'18.0'9.0'24.0'18.0'24.0'9.0'5.0' 40.0' 5.0'85.0'196.8' 185.4'90.0'120.8' EX. STORAGE99.5' EX. TRANSITION 5.0' 5.0' 5.0'2.5'2.5'63.9' EX. MEDIAN OPENING 62.5' EX. MEDIAN OPENING 20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'12.0'20.0'24.0'20.0'12.0'20.0'24.0' 18.0'20.0'9.0'20.0'9.0'20.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'24.0'26.0'F.A.U.E.26.0'F.A.U.E.24.0' F.A.U.E. 30.0' F.A.U.E. 301.9' 24.0' F.A.U.E. 18.0'10.2'10.2'2.5'10.0'9.0' 9.0'40.0'24.0'20.0'20.0'9.0' 9.0'18.0'20.0'20.0'9.0' 9.0'18.0'2.5'PROP. WATER METER 12.0 ' 11.0' 1 2 . 0 ' 11.0'12.0 ' 11.0' PROP. GRATE INLET PROP. WATER METER 110.0' TRANSITION 11.0'80.0' STORAGE 81.2' 52.0' F.A.U.E.R=30.0'R=30.0'R =30.0' R =3 0.0'R = 3 0 .0' R =54.0' R =30.0'R=56. 0 'R=30. 0 'R=30 .0 'R =30.0'R=30.0'R=54.0'R=30.0'R=30.0'R=30.0'R=30.0'R=30.0'R=30.0'2' OVERHANG 10.0'(TYP.)10.0' (TYP.) 2' OVERHANG 10.0' (TYP.) 10.0' (TYP.)10.0'(TYP.)1000-GALLON GREASE TRAP 1000-GALLON GREASE TRAP 10.0'(TYP.)10.0'(TYP.)10.0'(TYP.)PROP. 5' SIDEWALK PROP. 5' SIDEWALK 2' OVERHANG 2' OVERHANG WATER EASEMENT INST. NO. 2023000084525 O.P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084528 O.P.R.C.C.T. 10' WATER EASEMENT INST. NO. 20080623000754670 O.P.R.C.C.T. 5' LANDSCAPE SETBACK STREET EASEMENT INST. NO. 2023000084527 O.P.R.C.C.T. 30' RIGHT OF WAY DEDICATION VOL. 2018, PG. 699 P.R.C.C.T. WATER EASEMENT INST. NO. 2023000084524 O.P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084529 O.P.R.C.C.T. (TO BE ABANDONED) 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK PROP. DECELERATION LANE EXISTING RIGHT TURN LANE PROP. 6' SIDEWALK OPEN SPACE PROP. 10'x10' WATER EASEMENTPROP. 10'x10' WATER EASEMENT PROP. 10'x10' WATER EASEMENT PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK PROP. BFR PROP. BFR 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 15' SIDE YARD SETBACK PROP. STREET EASEMENT (BY SEPARATE INSTRUMENT) PROP. 24' FADUE 15' SANITARY SEWER EASEMENT 15' WATE R EASEMENT 15' REAR YARD SETBACK PROP. FH PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 30' FRONT YARD SETBACK R =30.0'R =3 0.0'R=54.0'R=3 0.0' R =3 0 .0 ' R = 3 0 .0' PROP. SSWR MANHOLE 15' SIDEYARD SETBACK 15' SIDE YARD SETBACK 15.0' 30' FRONT YARD SETBACK PROP.FH PROP. 10'x10' WATER EASEMENT 15' SIDEYARD SETBACK 15' SIDE YARD SETBACK 18.0'9.0' 10.0' (TYP.)10.0'9.0'9.0'5.0'18.0'2.5'33.5'PROP. LEFT TURN LANE 30.0'2.0' 18.0'2.0' 30' BUILDING SETBACK 30.0'PROP.FH PROP. 10'x10' WATER EASEMENT PROP.FH PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 9.0'250'30.0'PROP. BERM PROP. BERM PROP. BERM PROP. BERM 30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 32.0'30.0'2' OVERHANG 11.0'10.0' 10.0'BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-101 NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. MATCHLINE: SEE SHEET C-102 MATCHLINE: SEE SHEET C-1031.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 Page 271 Item 19. XXXXXXXXXXXX10 9 8 8 7 FLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL S S S BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 9 2.928 AC PRELIMINARY LAYOUT OF OUTDOOR POOL DECK 49,000 SF COVERED STRUCTURES, CANOPIES, AND/OR SLIDE STRUCTURES TO BE FIRE RETARDANT/TREATED IF APPLICABLE. ADDITIONAL INFORMATION TO BE PROVIDED WITH SITE PLAN AND BUILDING PLANS.N0°34'18"W521.22'N88°38'54"W 854.24' PROP. ADA STALL (TYP.) PROP. HEADWALL PROP. HEADWALL PROP. SSWR MH PROP. 5' SIDEWALK PROP. 5' SIDEWALK PROP. SSWR MH PROP. SSWR MH EX. SSWR MH EX. SSWR MH EX. SSWR MH PROP. CLEANOUT PROP. PROPERTY LINE EX. CENTERLINE OF CREEK EX. SSWR MH PROP. ADA STALL (TYP.) PROP. 6' POWDER COATED METAL PICKET STYLE FENCE PROP. 6' POWDER COATED METAL PICKET STYLE FENCE PROP. 6' POWDER COATED METAL PICKET STYLE FENCE N88°38'54"W 854.24' 680680680 68069068268268468468468668668668868868869269 4 69 6 680 680680 690 678 678 678678 6826 8 4 686 688 692 88.9' 88.8'49.4'26.0' 251.0' 5.0'5.0'5.0'9.0'20.0'9.0'20.0'20.0'9.0'20.0'9.0'26.0'F.A.U.E.65.0'20.5'9.4'5.0'5.0' 1000-GALLON GREASE TRAPPROP. GATE WITH EMERGENCY ACCESS PROP. VARIABLE WIDTH SIDEWALK PROP. GATE WITH EMERGENCY ACCESS PROP. FH WITH 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 15' SANITARY SEWER EASEMENT INST. NO. 20130719001011950 O.P.R.C.C.T. 15' DRAINAGE EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 15' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. DRAINAGE AND DETENTION EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. (TO BE ABANDONED) OPEN SPACE 5' LANDSCAPE SETBACK 100 YEAR FULLY DEVELOPED FLOODPLAIN EX. 100YR FEMA FLOODPLAIN APPROXIMATE LIMITS ZONE A F.I.R.M. MAP NO. 48085C0120J DATED JUNE 2, 2009 (SEE FLOOD STATEMENT) DRAINAGE, WATER AND SANITARY SEWER EASEMENT 15' DRAINAGE EASEMENT 5' LANDSCAPE SETBACK PROP. 15' SANITARY SEWER EASEMENT PROP. SANITARY SEWER AND WATER EASEMENT 15' SIDE YARD SETBACK 15' REAR YARD SETBACK 15' LANDSCAPE AND REAR YARD SETBACK 15' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 15' SIDE YARD SETBACK 15' DRAINAGE EASEMENT 15' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. PROPOSED HEALTH STUDIO/RECREATION CENTER (PRIVATE) FOOTPRINT: 52,900 SF TOTAL BUILDING AREA: 105,800 SF 86.0'60.0'142.0' 15' SIDE YARD SETBACK PROP. JUNCTION BOX PROP. VARIABLE WIDTH SIDEWALK 142.0' 15' DRAINAGE EASEMENT POOL DECK LANDSCAPE BEDS ALONG PERIMETER FENCE PROP. SANITARY SEWER AND WATER EASEMENT 15.0' PROP. FH PROP. 10'x10' WATER EASEMENT PROP. 15' SANITARY SEWER EASEMENT 15' DRAINAGE EASEMENT BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-102 NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES MATCH LINE: SEE SHEET C-101 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S.MATCH LINE: SEE SHEET C-1041.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 Page 272 Item 19. OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHES 6 8 10 9 FH 5 12 9 89 2 4 12 FLFLFLFLFLFLFLFL9 14 14 14 14 14 10 8 13 9 9 FLFL FL FLFLFLFLFLFLF L FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FLFLFLFL FL FL FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLBLOCK A, LOT 4 2.947 AC BLOCK A, LOT 2 1.377 AC BLOCK A, LOT 7 1.486 ACBLOCK A, LOT 6 1.228 AC EX. MOB BLDG 6,000 SF EXISTING BUILDING: TOTAL: 11,718 SF RETAIL: 3,258 SF RESTAURANT: 6,860 SF MEDICAL OFFICE: 1,600 SF EX. SERVICE STATION BLDG 6,820 SF EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1,500 SF BLOCK A, LOT 3 10.409 AC FLFLFLFLFLFLFLFLN89°48'50"E 114.33' N0°32'50"W 2.56' S1°24'24"W 94.59' N88°35'56"W 37.02' S1°30'06"W 286.78'±107.0'PROP. FH PROP. CURB INLET PROP. RETAINING WALL PROP. PEDESTRIAN PATH PROP. BFR PROP. BFR PROP. PROPERTY LINE PROP. PARKING PROP. PARKING PROP. PARKING EX. FH EX. FH EX. SSWR MH EX. FH EX. SSWR MH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FDC EX. FDC EXISTING PAVEMENT EXISTING PAVEMENTEXISTING ±24.0'WIDE DRIVEBLOCK A, LOT 5 1.4233 AC EX. FH 720716 716718722724724724724 71072 0 706708708708712714 714714716 718 PROPOSED LOT 5 PARKING TO SERVE EXISTING LOT 2. REFER TO SITE PLAN APPLICATION (CITY PROJECT NO. D22-0093) PROP. BFR PROP. 5' SIDEWALK 68.5' 23.7' EX. F.A.D.U.E.20.0'9.0'20.0'9.0'24.0'EX. F.A.D.U.E.30.0'12.0'5 0 . 0 '20.0'9.0'24.4'EX. F.A.D.U.E.5.0'24.0'20.0'12.0' 20.0' 20.0'20.0'24.0'20.0'20.0'24.0'20.0' 9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'20.0'9.0'26.0'24.0'24.0' F.A.U.E.6.0'6.0' R =5 4.0' R=30.0' R =30.0'24' FIRE LANE ACCESS AND UTILITY EASEMENT 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. 12' FIRE LANE ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. WATER EASEMENT INST. NO. 2023000016607 O.P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. DRAINAGE EASEMENT INST. NO. 2023000084526 O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. OPEN SPACE 5' LANDSCAPE SETBACK PROP. 10'x10' WATER EASEMENT PROPERTY LINE TO BE ABANDONED BY PLAT PROP. EV CHARGER PARKING PROP. PARKING PROP. PARKING PROP. PARKING 5' LANDSCAPE SETBACK 15' DRAINAGE EASEMENT 30' FRONT YARD SETBACK EX. PARKING (TYP.) EX. DUMPSTER (TYP.) EX. PARKING (TYP.) 10.3' 30' FRONT YARD SETBACK 15' SIDE YARD SETBACK 15' SIDE YARD SETBACK OLD LOT LINE OLD LOT LINE PROP. JUNCTION BOX 15.0'30.0'5.0'PROP. PROPERTY LINE 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 30.0'30' FRONT YARD SETBACK 15' SIDEYARD SETBACK 15.0' 15' SIDEYARD SETBACK 15.0'15' SIDEYARD SETBACK 15' SIDEYARD SETBACK 15' SIDEYARD SETBACK BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-103 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTESMATCH LINE: SEE SHEET C-101SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 MATCH LINE: SEE SHEET C-104 Page 273 Item 19. FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELA N E FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELA N E FH 6 13 5 9 13 8 9 15 11 7 4 7 10 6 13 10 7 6 2 8 8 9 10 2 4 4 XXXXXXXXXXXXXXXXFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL9 12 11 6 T3P8 10 9 7 13 14 13 13 10 FLFLFLFL FLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FLFLFLFLFLFLN. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.BLOCK A, LOT 1 2.487 AC FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLF L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLS1°24'24"W 171.93'±68.0' EX. MEDIAN OPENINGEXISTING ±52.0' WIDE DRIVE±260.0'PROP. FH PROP. CURB INLET PROP. CURB INLET PROP. 5' SIDEWALK PROP. 8' HIGH MASONRY 30'x13' TRASH ENCLOSURE TO MATCH BUILDING PROP. CURB INLET PROP. JUNCTION BOX PROP. WATER METER PROP. TRANSFORMER W/ LANDSCAPE SCREENING PROP. FDC PROP. ADA STALL (TYP.) EX. FH EX. FH PROP. 10'x10' WATER EASEMENT EX. FH EX. FH EXI S T I N G P A V E M E N T698 70070070069870270 4 70 6 70820.0'5.0' 20.0'20.0'20.0'20.0'20.0'24.0'20.0'20.0'24.0'9.0'9.0'9.0'20.0'20.0'20.0'24.0'20.0'20.0' 20.0'9.0'9.0'9.0'9.0'9.0'20.0'9.0' 5.5' 24.0' F.A.U.E. 24.0' F.A.U.E. 5.0' 24.0' F.A.U.E. 58.9'5.0'5' LANDSCAPE BUFFER R=30.0'R=30.0'R =54.0'R =3 0 .0'R=3 0 .0'R=30.0'PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128) FRONTIER RETAIL SOUTH TRACT IN REVIEW. 24' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. (TO BE ABANDONED) 10' WATER EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. DRAINAGE EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. EXISTING DECELERATION LANE 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK EX. ADA PARKING (TYP.) EX. ADA PARKING (TYP.) EX. ADA PARKING (TYP.) EX. PARKING (TYP.) EX. PARKING (TYP.)10.2'55.0'EX. FH 9.0' R =30.0'15' SIDE YARD SETBACK 15' SIDE YARD SETBACK 15' REAR YARD SETBACK PROP. FH WITH 10'x10' WATER EASEMENT PROP. ENCLOSED KIDS AREA WITH SHADE STRUCTURE WITH 6'-4" PREFINISHED METAL POST FENCE PROP. 15' SANITARY SEWER EASEMENT 10.0' PROP. FH PROP. 10'x10' WATER EASEMENT 24.0'F.A.U.E.10.0'PROP. DRAINAGE, WATER, AND SEWER EASEMENT BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 4 2.947 AC EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1500 SF EXISTING BUILDING: TOTAL: 18,245 SF RETAIL: 9,421 SF RESTAURANT: 4,724 SF MEDICAL OFFICE: 3,500 SF PATIO: 600 SF9.0'PROP. FIRE LANE (BY OTHER). REFER TO PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128). F.A.U.E. TO BE DEDICATED BY CONVEYANCE PLATFLFLFLR=3 0 .0 'PROP. 31.0'F.A.D.U.E.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLAN1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES MATCH LINE: SEE SHEET C-103 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJIMATCH LINE: SEE SHEET C-1021.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 C-104 Page 274 Item 19. S0°34'18"E 5.21' REMAINDER OF A CALLED 37.632 ACRES FRISCO TOLLWAY PARTNERS, LTD. VOLUME 5622, PAGE 3883 D.R.C.C.T. CALLED PARCEL NO. 11 CITY OF CELINA, TEXAS INST. NO. 20200227000282110 O.P.R.C.C.T. TOWN OF PROSPER, TEXAS INST. NO. 20090721000915890 O.P.R.C.C.T. 30' RIGHT OF WAY DEDICATION VOL. 2018, PG. 699 P.R.C.C.T. SPENCE R R I C E S U R V E Y ABSTRA C T N O . 7 8 7 IRSC N: 7146482.32 E: 2491561.00 1/2" IRF "DISTURBED" N89°59'E, ±1260' TO NORTHEAST CORNER OF SPENCER RICE SURVEY, ABSTRACT NO. 787 STREET EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. WATER EASEMENT INST. NO. 2023000016607 O. P.R.C.C.T. PORTION OF CALLED 29.090 ACRES VICTORY AT FRONTIER, LLC INST. NO. 20161122001590950 O.P.R.C.C.T. "TRACT 3" CALLED 1.198 ACRES LUCKY 7 RETAIL, LLC INST. NO. 20201030001904260 O.P.R.C.C.T. LOT 7, BLOCK A VICTORY AT FRONTIER VOL. 2024, PG. 1125 P.R.C.C.T. CALLED 1.277 ACRES FRONTIER PARKWAY PROPERTIES, LLC INST. NO. 2023000061436 O.P.R.C.C.T. STREET EASEMENT INST. NO. 2023000084527 O. P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084528 O. P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084529 O. P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. BLUE SHOES CORNER, LLC INST. NO. 20210506000921830 O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. 10' WATER EASEMENT INST. NO. 20080623000754670 O.P.R.C.C.T. W. FRONTIER PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) 1/2" IRFC XF (C.M.) 1/2" IRFC "BARTON CHAPA" XF XF IRSC IRSC 1/2" IRFC REMAINDER OF CALLED 5.448 ACRES ROC-A-FELLA, INC. INST.NO. 2023000003247 CORRECTED IN INST.NO. 20240000022433 O.P.R.C.C.T. REMAINDER OF CALLED 5.448 ACRES ROC-A-FELLA, INC. INST. NO. 2023000003247 CORRECTED IN INST. NO. 2024000022433 O.P.R.C.C.T. WATER EASEMENT INST. NO. 2023000084524 O. P.R.C.C.T. N89°25'42"E 538.42' XF P.O.B. REMAINDER OF CALLED 29.090 ACRES VICTORY AT FRONTIER, LLC INST. NO. 20161122001590950 O.P.R.C.C.T.S1°30'06"W286.78'P.O.C.S0°39'27"E112.06'N0°34'18"W1133.39'10' X 10' WATER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. 25' LANDSCAPE & ACCESS EASEMENT VOL. 2024, PG. 1125, P.R.C.C.T. 10' GRAYSON COLLIN ELECTRIC COOPERATIVE VOL. 2024, 1125 P.R.C.C.T. VARIABLE WIDTH SANITARY SEWER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. 24' FIRE LANE, ACCESS, DRAINAGE, & UTILITY EASEMENT VOL. 2024, PG.1125 P.R.C.C.T. DRAINAGE EASEMENT VOL. 2024, PG. 1125, P.R.C.C.T. 25' LANDSCAPE & ACCESS EASEMENT VOL. 2025, PG. 81, P.R.C.C.T. GRAYSON COUNTY ELECTRIC CORP. EASEMENT INST. NO. 2024000028353 O.P.R.C.C.T. 15' WATER EASEMENT VOL. 2025, PG. 81 P.R.C.C.T. 15.00' S89°20'55"W 10.97'S0°39'05"E179.06'N89°25'42"E 184.16' 104.47'34.20'WATER EASEMENT INST. NO. 2023000084525 O. P.R.C.C.T. N0°39'19"W 22.56' DRAINAGE EASEMENT INST. NO. 2024000101595 P.R.C.C.T.129.86'11' 10.00'C1C2C3C4C5C6 C7L1 L2 L3 L4L5L6L7 L8 L9L10 L11L12 L13IRSC XS XF XF XF IRSC WATER EASEMENT VOL. 2025, PG. 81 P.R.C.C.T. WATER EASEMENT VOL. 2025, PG. 81 P.R.C.C.T. FIRE LANE, ACCESS, DRAINAGE, & UTILITY EASEMENT VOL. 2024, PG.1125 P.R.C.C.T. N89°48'45"E 194.59'36'66'N89°25'42"E 548.94' DEED LINE DEED LINEDRAINAGE EASEMENT INST. NO. 2024000114357 O.P.R.C.C.T. 2.55'L43 DRAINAGE EASEMENT INST. NO. 2024000114356 P.R.C.C.T. LOT 8, BLOCK A 3.904 ACRES 170,061 SQ. FT. 465.14' 28.10' VARIABLE WIDTH FIRE LANE, DRAINAGE, ACCESS AND UTILITY EASEMENT24' 52'313.70'113.97'XS 1/2" IRFC 5/8" IRFN88°35'37"W 381.11' S88°35'36"E 263.84' S1°24'24"W 76.26' S4°16'09"W 68.37'N. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.IRSC N: 7146239.66 E: 2492822.64 ±163' ±163' TRACT 2 CALLED 23.991 ACRES REMINGTON PRESTON, LLC INST. NO. 2023000071892 O.P.R.C.C.T. 12' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 10' PEDESTRIAN TRAIL EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 30' LANDSCAPE EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. VARIABLE WIDTH WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T.12' FIRE LANE, ACCESS, DRAINAGE & UTILITY EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 10' ELECTRIC EASEMENT VOL. 2021, PG. 74, P.R.C.C.T. VARIABLE WIDTH WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 1/2" IRFC WATER EASEMENT INST. NO. 20200415000542160 O.P.R.C.C.T. WATER EASEMENT VOL. 2023, PG. 146 P.R.C.C.T. WATER EASEMENT VOL. 2023, PG. 146 P.R.C.C.T. WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2023, PG. 146, P.R.C.C.T.125'125'C8 C9C10C11C12C 1 3 C14C15C16C1718.70' 66.81'16.99'30'FIRE LANE, ACCESS, DRAINAGE, & UTILITY EASEMENT VOL. 2024, PG.1125 P.R.C.C.T. N89°48'44"E 114.33' 10'L44CALLED 1.631 ACRES LUCKY 7 RETAIL 4, LLC INST. NO. 2024000068480 O.P.R.C.C.T. VARIABLE WIDTH WATER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. 10' 10' L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 C18 L55 C1 9 L56C20L57 C 2 1 L59 C22L58C23101.76'XF (CM) 94.38'97.18' L=21.37' L=33.60'38.86'24.77' LOT 2, BLOCK A VICTORY AT FRONTIER VOLUME 2021, PAGE 74 P.R.C.C.T. LOT 6, BLOCK A VICTORY AT FRONTIER VOL. 2025, PG. 1 P.R.C.C.T. 1/2" IRFC "BARTON CHAPA" @838.39 LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 BEARING S89°26'47"W N78°04'34"W S89°25'42"W N00°39'27"W N00°39'27"W N00°39'27"W S89°48'45"W N89°25'42"E N00°39'05"W S89°25'42"W S00°28'59"E S89°31'01"W N00°28'59"W N88°38'52"W S46°21'06"W LENGTH 548.94' 46.22' 155.74' 112.08' 30.02' 184.86' 15.00' 25.00' 15.00' 25.00' 36.86' 20.00' 34.34' 300.65' 60.11' LOT 4, BLOCK A VICTORY AT FRONTIER VOLUME 202, PAGE 146 P.R.C.C.T. CALLED 2.947 ACRES LUCKY 7 RETAIL 2, LLC INST. NO. 20210610001174730 O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T.L35L36L37L38L39L40L41L42 N1°24'24"E 73.39'DEED LINELOT 3, BLOCK A 10.409 ACRES 453,426 SQ. FT. 36.90'S1°29'35"W93.32'S0°15'13"W 26.30' 37.02'CALLED 2.350 ACRES ROC-A-FELLA, INC. INST. NO. 2024000047782 O.P.R.C.C.T. LOT 5, BLOCK A 1.278 ACRES 55,659 SQ. FT. N89°26'11"E 83.18' N89°25'42"E 63.04' Copyright © 2025 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\DAL_SURVEY\064460922-LIFETIME ATHLETIC CLUB - PROSPER\DWG\064460922 - LIFETIME FITNESS - CP.DWG PLOTTED BYWILDE, JACK 6/4/2025 9:40 AM LAST SAVED6/4/2025 9:40 AMScale Drawn by 1" = 50' Checked by Date Project No.Sheet No. GRAPHIC SCALE IN FEET 050 25 50 100 1" = 50'@ 24X36 NORTH LEGEND IRSC IRFC IRF XF 5/8" IRON ROD W/ "KHA" CAP SET IRON ROD WITH CAP FOUND IRON ROD FOUND "X" CUT FOUND POINT OF BEGINNINGP.O.B. POINT OF COMMENCINGP.O.C. LINE TYPE LEGEND BOUNDARY LINE ADJACENT PROPERTY LINE EASEMENT LINE BUILDING LINE N.T.S.VICINITY MAP NORTH DALLAS PKWYPKWY PRESTON RD.PROSPER TR.COIT RD.FRONTIER WAYVICTORYSITE (CM)CONTROLLING MONUMENT SEE SHEET 2 OWNER: Victory at Frontier LLC 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com APPLICANT / ENGINEER: Kimley-Horn and Associates, Inc. 13455 Noel Road Two Galleria Office Tower, Suite #700, Dallas, Texas 75240 Contact: Neda Hosseiny Ph. (972) 770-1300 neda.hosseiny@kimley-horn.com SURVEYOR: Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, #1300 Fort Worth, Texas 76102 Contact: David J. De Weirdt Ph. (817) 335-6511 david.deweirdt@kimley-horn.com XS "X" CUT SET STAMPED "BARTON CHAPA" FLOOD CERTIFICATE: According to FIRM Map No. 48085C0120J, effective June 2, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Dallas County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, a portion of this property is within Zone "A" which is defined as "Special Flood Hazard Areas Inundated By 100-Year Flood, no base flood elevations determined and Zone "X" unshaded, which is defined as "Areas determined to be outside 500-year floodplain". For the portion of this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. NOTES: 1.All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. 2.Notice: A conveyance plat is a record of property approved by the Town of Prosper, Texas, for the purpose of sale or conveyance in its entirety or interest thereon defined. No building permit shall be issued nor permanent public utility service provided until a Final Plat is approved and public improvements approved in accordance with the provisions of the Subdivision Ordinance of the Town of Prosper. 3.The purpose of this plat is to create 4 lots from 1 platted lot. 4.The coordinates shown hereon are Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983 (2011) on grid coordinate values, no scale and no projection. Fort Worth, Texas 76102 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 www.kimley-horn.comFIRM # 10194040 1 OF 3JJWDJDJune 2025 064460922 TOWN PROJECT # DEVAPP-25-0015 REVISED CONVEYANCE PLAT VICTORY AT FRONTIER BLOCK A, LOTS 3, 5, 8 & 9 BEING A REVISED CONVEYANCE PLAT OF LOT 3, BLOCK A, VICTORY AT FRONTIER, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS RECORDED IN VOL. 2021, PG. 56 PLAT RECORDS OF COLLIN COUNTY, TEXAS, AND BEING 18.519 ACRES SITUATED IN THE SPENCER RICE SURVEY, ABSTRACT NO. 787 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: JUNE, 2025 OWNER: Lucky 7 Retail LLC 2911 Turtle Creek Blvd. Suite 700 Dallas, Texas 75219 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com OWNER: Roc-A-Fella, Inc. 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com WAIV-25-0001 Page 275 Item 19. LOT 9, BLOCK A 2.928 ACRES 127,532 SQ. FT.150.00'137.18'REMAINDER OF A CALLED 37.632 ACRES FRISCO TOLLWAY PARTNERS, LTD. VOLUME 5622, PAGE 3883 D.R.C.C.T. LOT 1, BLOCK A PROSPER UNITED METHODIST CHURCH VOLUME 2022, PAGE 562 P.R.C.C.T. 15' SANITARY SEWER EASEMENT INST. NO. 20130719001011950 O.P.R.C.C.T. SPENCE R R I C E S U R V E Y ABSTRA C T N O . 7 8 7 IRSC REFERENCE CORNER APPROXIMATE LIMITS ZONE A F.I.R.M. MAP NO. 48085C0120J DATED JUNE 2, 2009 (SEE FLOOD STATEMENT) DRAINAGE & SANITARY SEWER EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. DRAINAGE AND DETENTION EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. WATER EASEMENT INST. NO. 2023000016607 O. P.R.C.C.T. PORTION OF CALLED 29.090 ACRES VICTORY AT FRONTIER, LLC INST. NO. 20161122001590950 O.P.R.C.C.T. LOT 1, BLOCK A VICTORY AT FRONTIER VOLUME 2021, PAGE 546 P.R.C.C.T. LOT 4, BLOCK A VICTORY AT FRONTIER VOLUME 202, PAGE 146 P.R.C.C.T. CALLED 2.947 ACRES LUCKY 7 RETAIL 2, LLC INST. NO. 20210610001174730 O.P.R.C.C.T. "TRACT 3" CALLED 1.198 ACRES LUCKY 7 RETAIL, LLC INST. NO. 20201030001904260 O.P.R.C.C.T. CALLED 1.277 ACRES FRONTIER PARKWAY PROPERTIES, LLC INST. NO. 2023000061436 O.P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084529 O. P.R.C.C.T. CALLED 7.930 ACRES VICTORY AT FRONTIER SOUTH, LLC INST. NO. 20180824001065580 O.P.R.C.C.T. REMAINDER OF CALLED 29.090 ACRES VICTORY AT FRONTIER, LLC INST. NO. 20161122001590950 O.P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. DRAINAGE EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. 12' F I R E L A N E , A C C E S S AN D U T I L I T Y E A S E M E N T VO L . 2 0 2 1 , P G . 5 6 , P . R . C . C . T . FIRELANE, ACCESS, UTILITY AND DRAINAGE EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. 10' UTILITY EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. 15' SANITARY SEWER EASEMENT INST. NO. 20130719001011940 O.P.R.C.C.T.N. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.1/2" IRFC XF IRSC IRSC XF IRSC 12' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. DRAINAGE AND DETENTION EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. IRSC 1/2" IRFC REMAINDER OF CALLED 5.448 ACRES ROC-A-FELLA, INC. INST.NO. 2023000003247 CORRECTED IN INST.NO. 20240000022433 O.P.R.C.C.T. REMAINDER OF CALLED 5.448 ACRES ROC-A-FELLA, INC. INST. NO. 2023000003247 CORRECTED IN INST. NO. 2024000022433 O.P.R.C.C.T. N89°25'42"E 538.42' XF REMAINDER OF CALLED 29.090 ACRES VICTORY AT FRONTIER, LLC INST. NO. 20161122001590950 O.P.R.C.C.T.24.34'142.59'S1°30'06"W286.78'S1°24'24"W171.93'S65°5 2' 1 6 " W 218.7 2' S70°07' 3 8 " W 201.06' N 4 6 ° 0 4 ' 1 5 "W 1 0 9 . 4 3 ' N 5 4 ° 0 9 ' 3 7 " W 1 0 7 . 2 9 'S1°21'12"W284.90'VARIABLE WIDTH SANITARY SEWER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. DRAINAGE EASEMENT VOL. 2024, PG. 1125, P.R.C.C.T. GRAYSON COUNTY ELECTRIC CORP. EASEMENT INST. NO. 2024000028353 O.P.R.C.C.T. 15.00'S0°39'05"E179.06'104.47'34.20'WATER EASEMENT INST. NO. 2023000084525 O. P.R.C.C.T. N0°39'19"W 22.56' DRAINAGE EASEMENT INST. NO. 2024000101595 P.R.C.C.T.129.86'C4C5C6 C7L6L7 L8 L9L10 L11L12 L13L14 L15L16 L17L18L19 L20L21L22 L23 L24 L25L26 L27 L28L29 IRSC XS XF 1/2" IRF (C.M.) IRSC WATER EASEMENT VOL. 2025, PG. 81 P.R.C.C.T. LOT 6, BLOCK A VICTORY AT FRONTIER VOL. 2025, PG. 1 P.R.C.C.T. N89°48'45"E 194.59'502.51'TRACT 1 LUCKY 7 RETAIL, LLC INST. NO. 20201030001904260 O.P.R.C.C.T.N0°34'18"W1133.39'N88°38'52"W 289.71' DEED LINE DEED LINEDRAINAGE EASEMENT INST. NO. 2024000114357 O.P.R.C.C.T. 2.55'L43 DRAINAGE EASEMENT INST. NO. 2024000114356 P.R.C.C.T. PFCPFC PFC N: 7145349.15 E: 2491572.31 PFC70.89'DRAINAGE, FLOODWAY, ACCESS, AND HIKE & BIKE TRAIL EASEMENT VOL. 2022, PG. 562 P.R.C.C.T. LOT 8, BLOCK A 3.904 ACRES 170,061 SQ. FT. S88°38'52"E 564.53' IRSC REFERENCE CORNER 179.96'46.88'317.18'28.10' VARIABLE WIDTH FIRE LANE, DRAINAGE, ACCESS AND UTILITY EASEMENT24'313.70'XS 1/2" IRFC 5/8" IRFN88°35'37"W 381.11' S88°35'36"E 263.84' S1°24'24"W 76.26' S4°16'09"W 68.37' IRSC N: 7146239.66 E: 2492822.64 VARIABLE WIDTH WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T.12' FIRE LANE, ACCESS, DRAINAGE & UTILITY EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. VARIABLE WIDTH WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 1/2" IRFC WATER EASEMENT INST. NO. 20200415000542160 O.P.R.C.C.T. WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. WATER EASEMENT VOL. 2023, PG. 146 P.R.C.C.T. WATER EASEMENT VOL. 2023, PG. 146 P.R.C.C.T. WATER EASEMENT VOL. 2021, PG. 74 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2023, PG. 146, P.R.C.C.T. IRSC N: 7145646.12 E: 2492423.02C12C 1 3 18.70' FIRE LANE, ACCESS, DRAINAGE, & UTILITY EASEMENT VOL. 2024, PG.1125 P.R.C.C.T. N89°48'44"E 114.33' 10'L44VARIABLE WIDTH WATER EASEMENT VOL. 2024, PG. 1125 P.R.C.C.T. L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 C18 L55 C1 9 L56C20L57 C 2 1 L59 C22L58C23101.76'XF (CM) 94.38'97.18' L=21.37' L=33.60'38.86'24.77' LOT 2, BLOCK A VICTORY AT FRONTIER VOLUME 2021, PAGE 74 P.R.C.C.T. DRAINAGE & SANITARY SEWER EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. PFC 1/2" IRFC "BARTON CHAPA" @838.39 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. L3 0 L31 L32 L33 L3 4L37L38L39 FIRE LANE, DRAINAGE, ACCESS AND UTILITY EASEMENT N1°24'24"E 73.39'DEED LINELOT 3, BLOCK A 10.409 ACRES 453,426 SQ. FT. 36.90'S1°29'35"W93.32'S0°15'13"W 26.30'L6163.00' 37.02'CALLED 2.350 ACRES ROC-A-FELLA, INC. INST. NO. 2024000047782 O.P.R.C.C.T. LOT 5, BLOCK A 1.278 ACRES 55,659 SQ. FT. N89°26'11"E 83.18' N89°25'42"E 63.04' L60 LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 BEARING S89°26'47"W N78°04'34"W S89°25'42"W N00°39'27"W N00°39'27"W N00°39'27"W S89°48'45"W N89°25'42"E N00°39'05"W S89°25'42"W S00°28'59"E S89°31'01"W N00°28'59"W N88°38'52"W S46°21'06"W S89°59'58"W S00°00'02"E N00°00'02"W N89°59'58"E LENGTH 548.94' 46.22' 155.74' 112.08' 30.02' 184.86' 15.00' 25.00' 15.00' 25.00' 36.86' 20.00' 34.34' 300.65' 60.11' 102.41' 71.94' 84.91' 111.40' LINE TABLE NO. L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 BEARING N46°21'06"E N01°21'06"E S88°38'54"E N88°38'50"W S00°00'00"E N90°00'00"W N00°00'00"E N90°00'00"E S00°00'00"E S88°38'50"E N59°45'40"W S66°47'59"W S66°47'59"W N66°47'59"E S59°45'40"E S00°34'18"E S17°55'10"W S00°34'18"E S89°25'42"W LENGTH 39.11' 24.00' 317.41' 171.39' 9.89' 280.00' 100.00' 280.00' 66.11' 171.96' 186.58' 423.63' 6.38' 431.18' 185.86' 40.82' 32.71' 157.46' 24.00' LINE TABLE NO. L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 BEARING N00°34'18"W S00°34'18"E N89°25'42"E N00°34'18"W N89°25'42"E N01°24'24"E N01°24'23"E S88°35'37"E S01°24'23"W S88°30'59"E S01°25'55"W N88°30'59"W N00°00'00"E N90°00'00"E S00°00'00"E S77°23'50"E S88°35'36"E S04°16'09"W N88°35'37"W LENGTH 145.73' 24.06' 12.81' 30.00' 10.14' 181.51' 12.00' 10.00' 12.00' 5.95' 10.00' 10.89' 5.60' 10.00' 8.67' 82.13' 114.32' 60.62' 201.56' LINE TABLE NO. L58 L59 L60 L61 BEARING S01°24'24"W N81°42'57"W N88°38'52"W S01°21'08"W LENGTH 119.44' 36.09' 63.00' 31.00' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 DELTA 58°23'48" 24°37'33" 24°38'08" 1°14'29" 55°14'53" 289°32'16" 54°46'27" 25°46'15" 39°56'40" 39°56'40" 18°29'28" 18°29'28" 86°22'09" 77°51'05" 27°47'45" 39°56'40" 52°42'15" 11°11'26" 92°51'16" 87°07'42" RADIUS 30.00' 60.00' 60.00' 30.00' 30.00' 48.00' 30.00' 30.00' 30.00' 30.00' 54.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 20.00' 30.00' 30.00' LENGTH 30.58' 25.79' 25.80' 0.65' 28.93' 242.56' 28.68' 13.49' 20.91' 20.91' 17.43' 9.68' 45.22' 40.76' 14.55' 20.91' 27.60' 3.91' 48.62' 45.62' CHORD BEARING N29°51'33"W S13°04'12"E N13°04'03"W N01°45'00"W S26°29'11"W N89°20'23"E N28°02'25"W S12°18'50"W N19°24'02"E S19°24'02"W N08°40'26"E S08°40'26"W N43°45'22"W N50°30'10"E N26°37'06"W S20°32'38"E N26°55'26"W S82°59'47"E S42°09'44"E S47°50'16"W CHORD 29.27' 25.59' 25.60' 0.65' 27.82' 55.38' 27.60' 13.38' 20.49' 20.49' 17.35' 9.64' 41.06' 37.70' 14.41' 20.49' 26.63' 3.90' 43.47' 41.35' CURVE TABLE NO. C21 C22 C23 DELTA 90°02'19" 101°13'05" 103°28'20" RADIUS 30.00' 30.00' 30.00' LENGTH 47.14' 53.00' 54.18' CHORD BEARING N43°35'36"W S52°00'30"W S85°38'30"W CHORD 42.44' 46.37' 47.11'DWG NAME: K:\DAL_SURVEY\064460922-LIFETIME ATHLETIC CLUB - PROSPER\DWG\064460922 - LIFETIME FITNESS - CP.DWG PLOTTED BYWILDE, JACK 6/4/2025 9:41 AM LAST SAVED6/4/2025 9:40 AMSEE SHEET 1 Scale Drawn by 1" = 50' Checked by Date Project No.Sheet No. Fort Worth, Texas 76102 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 www.kimley-horn.comFIRM # 10194040 2 OF 3JJWDJDJune 2025 064460922 TOWN PROJECT # DEVAPP-25-0015 REVISED CONVEYANCE PLAT VICTORY AT FRONTIER BLOCK A, LOTS 3, 5, 8 & 9 BEING A REVISED CONVEYANCE PLAT OF LOT 3, BLOCK A, VICTORY AT FRONTIER, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS RECORDED IN VOL. 2021, PG. 56 PLAT RECORDS OF COLLIN COUNTY, TEXAS, AND BEING 18.519 ACRES SITUATED IN THE SPENCER RICE SURVEY, ABSTRACT NO. 787 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: JUNE, 2025 FLOOD CERTIFICATE: According to FIRM Map No. 48085C0120J, effective June 2, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Dallas County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, a portion of this property is within Zone "A" which is defined as "Special Flood Hazard Areas Inundated By 100-Year Flood, no base flood elevations determined and Zone "X" unshaded, which is defined as "Areas determined to be outside 500-year floodplain". For the portion of this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. NOTES: 1.All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. 2.Notice: A conveyance plat is a record of property approved by the Town of Prosper, Texas, for the purpose of sale or conveyance in its entirety or interest thereon defined. No building permit shall be issued nor permanent public utility service provided until a Final Plat is approved and public improvements approved in accordance with the provisions of the Subdivision Ordinance of the Town of Prosper. 3.The purpose of this plat is to create 4 lots from 1 platted lot. 4.The coordinates shown hereon are Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983 (2011) on grid coordinate values, no scale and no projection. GRAPHIC SCALE IN FEET 050 25 50 100 1" = 50'@ 24X36 NORTH LEGEND IRSC IRFC IRF XF 5/8" IRON ROD W/ "KHA" CAP SET IRON ROD WITH CAP FOUND IRON ROD FOUND "X" CUT FOUND POINT OF BEGINNINGP.O.B. POINT OF COMMENCINGP.O.C. LINE TYPE LEGEND BOUNDARY LINE ADJACENT PROPERTY LINE EASEMENT LINE BUILDING LINE N.T.S.VICINITY MAP NORTH DALLAS PKWYPKWY PRESTON RD.PROSPER TR.COIT RD.FRONTIER WAYVICTORYSITE (CM)CONTROLLING MONUMENT XS "X" CUT SET STAMPED "BARTON CHAPA" OWNER: Victory at Frontier LLC 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com APPLICANT / ENGINEER: Kimley-Horn and Associates, Inc. 13455 Noel Road Two Galleria Office Tower, Suite #700, Dallas, Texas 75240 Contact: Neda Hosseiny Ph. (972) 770-1300 neda.hosseiny@kimley-horn.com SURVEYOR: Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, #1300 Fort Worth, Texas 76102 Contact: David J. De Weirdt Ph. (817) 335-6511 david.deweirdt@kimley-horn.com OWNER: Lucky 7 Retail LLC 2911 Turtle Creek Blvd. Suite 700 Dallas, Texas 75219 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com OWNER: Roc-A-Fella, Inc. 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com LIMITS OF TWO LOTS REQUESTING WAIVER WAIV-25-0001 Page 276 Item 19. DWG NAME: K:\DAL_SURVEY\064460922-LIFETIME ATHLETIC CLUB - PROSPER\DWG\064460922 - LIFETIME FITNESS - CP.DWG PLOTTED BYWILDE, JACK 6/4/2025 9:41 AM LAST SAVED6/4/2025 9:40 AMSURVEYOR'S CERTIFICATE KNOWN ALL MEN BY THESE PRESENTS: That I, David J. De Weirdt, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulation of the Town of Prosper, Texas. Dated this ____ day of ____________, 2025 _______________________________________ David J. De Weirdt Registered Professional Land Surveyor No. 5066 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, #1300 Fort Worth, Texas 76102 (817) 335-6511 dave.deweirdt@kimley-horn.com PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT 6/4/2025 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this personally appeared David J. De Weirdt known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of ___________, 2025 _______________________ Notary Public, State of Texas CERTIFICATE OF APPROVAL Approved this ____ day of _________________, 2025 by the Planning & Zoning Commission of the Town of Prosper, Texas. _______________________ Town of Secretary _______________________ Engineering Department _______________________ Development Services Department Scale Drawn by N/A Checked by Date Project No.Sheet No. DRAINAGE AND DETENTION EASEMENT This plat is hereby adopted by the Owners and approved by the Town of Prosper (Called "Town") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees, successors and assigns:The Portion of Block A , as shown on the plat is called "Drainage and Detention Easement". The Drainage and Detention Easement within the limits of this addition, will remain accessible at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The Town will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No construction of any type of building, fence or any other structure within the Drainage and Detention Easement, as herein above defined shall be permitted, unless approved by the Town Engineer. Provided, however, it is understood that in the event it becomes necessary for the Town to erect or consider erecting any type if drainage structure in order to improve the storm drainage that may be occasions by drainage in or adjacent to the subdivision, then in such event, the Town shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall jeep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the Town shall have the right or ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The Town shall not be held liable for any damages of any nature resulting from the failure of any structure of structures, within the Easement. ACCESS EASEMENT The undersigned covenants and agrees that the access easement(s) may be utilized by any person of the general public for ingress and egress to other real property, and for the purpose of general public vehicular use and access, and for the Fire Department, Police, and emergency use in along, upon, and across said premises, with the right and privilege at all time of the Town of Prosper, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon, and across said premises. FIRE LANE EASEMENT The undersigned covenants and agrees that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface paved in accordance with Town standards and that he (they) shall maintain the same in a state of food repair at all times and keep the same free and clear of any structures, fenced trees, shrubs, or other improvements or obstruction, including but not limited to the parking, loading, or unloading of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of pavement in accordance to Town standards of the fire lane easements is the responsibility of the owner, and the owner shall post and maintain signage in accordance to Town standards in conspicuous places along the fire lanes, stating "Fire Lane, No Parking". The police or their duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use. OWNERS CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS: THAT, VICTORY AT FRONTIER, LLC, ROC-A-FELLA, INC., and LUCKY 7 RETAIL, LCC, acting herein by and through its duly authorized officers, does hereby certify and adopt this plat designating the herein above described property as VICTORY AT FRONTIER, BLOCK A, LOTS 3, 5, 8 & 9, an addition to the Town of Prosper, and does hereby dedicate to the public use forever, the streets and alleys shown thereon. The VICTORY AT FRONTIER, LLC, ROC-A-FELLA, INC., and LUCKY 7 RETAIL, LLC, do hereby certify the following: 1.The streets and alleys are dedicated for street and alley purposes. 2.All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances. 3.The easements and public use areas, as shown are dedicated for the public use forever for the purposes indicated on this plat. 4.No building, fences, trees, shrubs, or other improvements or growth shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper. 5.The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair. 6.Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by the public utilities being subordinate to the public's and Town of Prosper' s use thereof. 7.The Town of Prosper and public utilities shall have the right to remove and keep removed all or part of any building, fences, trees, shrubs, or other improvements or growths which may in any was endanger or interfere with the construction, maintenance, or efficiency of their respective systems in the easements. 8.The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. 9.All modifications to this document shall be by means of plat and approved by the Town of Prosper. 10.For lots adjacent to a Floodplain Only: a.100 Year Floodplain Easement Restriction: Construction within the floodplain may not occur until approved by the Town. (A request for construction within the floodplain easement must be accompanied with detailed engineering plans and studies indicating that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request.) Where construction is approved, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin. Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The Town will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his/her property clean and free of debris, silt, or any substance that would result in unsanitary conditions. The Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur. The Town is not obligated to maintain or assistance with maintenance of the area. The natural drainage channel, as in the case of all natural drainage channels, are subject to storm water overflow and natural bank erosion. The Town shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels.The natural drainage channel crossing each lot is shown by the Floodway easement line as shown on the plat. If a Subdivision alters the horizontal or vertical floodplain, a FEMA Floodway map revision may be required. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas. WITNESS, my hand, this _____ day of ______________, 2025 Copyright © 2025 Kimley-Horn and Associates, Inc. All rights reserved VICTORY AT FRONTIER, LLC BY:____________________________________________ Authorized Signature ____________________________________________ Printer Name and Title STATE OF § COUNTY OF § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this personally appeared ___________________ known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of ___________, 2025 _____________________________________________ Notary Public, State of Texas ROC-A-FELLA, INC. BY:____________________________________________ Authorized Signature ____________________________________________ Printer Name and Title STATE OF § COUNTY OF § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this personally appeared ___________________ known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of ___________, 2025 _____________________________________________ Notary Public, State of Texas WHEREAS VICTORY AT FRONTIER LLC, ROC-A-FELLA, INC., and LUCKY 7 RETAIL, LLC, are the owners of a tract of land situated in the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, and being a portion of Lot 3, Block A of Victory at Frontier, an addition to the Town of Prosper according to the plat thereof recorded in Volume 2021, Page 56, Plat Records, Collin County, Texas, and being a portion of a called 29.090 acre tract of land as described in the Special Warranty Deed to Victory Frontier, LLC, recorded in Instrument No. 20161122001590950, Official Public Records, Collin County, Texas, a portion of a called 5.448 acre tract of land described in the Special Warranty Deed to Roc-A-Fella, Inc., recorded in Instrument No. 2023000003247, as corrected in Instrument No. 2024000022433, Official Public Records, Collin County, Texas, all of a called 2.350 acre tract of land described in the Special Warranty Deed to Roc-A-Fella, Inc., recorded in Instrument No. 2024000047782, Official Public Records, Collin County, Texas, and all of that called 1.198 acre tract of land described as "Tract 3" in the Special Warranty Deed to Lucky 7 Retail LLC, recorded in Instrument No. 20201030001904260, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found (disturbed) for the northwest corner of said Lot 3, Block A and being in the east line of a called 37.632 acre tract of land described in the Special Warranty Deed with Vendor's Lien to Frisco Tollway Partners, LTD., recorded in Volume 5622, Page 3883, Deed Records, Collin County, Texas, and being the south right-of-way line of West Frontier Parkway (a variable width public right-of-way); THENCE South 00°34'18'' East with the east line of said 37.632 acre tract, a distance of 5.21 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the northwest corner of said 5.448 acre tract; THENCE North 89°25'42" East with said south right-of-way line, a distance of 548.94 feet to an "X" cut found for the northwest corner of Lot 6, Block A of Victory at Frontier, an addition to the Town of Prosper, according to the plat thereof recorded in Volume 2025, Page 81, Plat Records, Collin County, Texas; THENCE with the west line of said Lot 6, Block A, the following courses and distances: South 00°39'27" East, a distance of 112.06 feet to an "X" cut found for corner; South 89°20'55" West, a distance of 10.97 feet to an "X" cut found for corner; South 00°39'05" East, a distance of 179.06 feet to a an "X" cut found for the southwest corner of said Lot 6, Block A; THENCE North 89°48'45" East with the south line of said Lot 6, Block A, a distance of 194.59 feet to a 1/2-inch iron rod with plastic cap stamped "BARTON CHAPA " found for the southeast corner of said Lot 6, Block A, same being the southwest corner of Lot 7, Block A of Victory at Frontier, an addition to the Town of Prosper, according to the plat thereof recorded in Volume 2024, Page 1125, Plat Records, Collin County, Texas; THENCE with the common line of said Lot 7, Block A and said 2.350 acre tract, the following courses and distances: North 89°48'44" East, a distance of 114.33 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; North 89°25'42" East, a distance of 63.04 feet to an "X" cut found for the northeast corner of said 2.350 acres and being in the west line of said "Tract 3"; THENCE with the common line of said Lot 7, Block A, and said "Tract 3", the following courses and distances: North 01°24'24'' East, a distance of 73.39 to an "X" cut set for corner North 89°26'11'' East, a distance of 83.18 to an "X" cut found for the most easterly southeast corner of Lot 7, Block A, and being in the west line of Lot 2, Block A of Victory at Frontier, an addition to the Town of Prosper according to the plat thereof recorded in Volume 2021, Page 74, Plat Records, Collin County, Texas; THENCE with the common line of said Lot 2, Block A, and said "Tract 3", the following courses and distances: South 00°15'13'' West, a distance of 26.30 feet to a 1/2-inch iron rod found for the southwest corner of said Lot 2, Block A; South 88°35'36'' East, a distance of 263.84 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the southeast corner of said Lot 2, Block A, and being in the west right-of-way line of N. Preston Road (State Highway 289, a variable width right-of-way), THENCE with the west right-of-way line of said N. Preston Road, the following courses and distances: South 01°24'24'' West, a distance of 76.26 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; South 04°16'09'' West, a distance of 68.37 feet to a 5/8-inch iron rod found for the northeast corner of Lot 4, Block A of Victory at Frontier, an addition to the Town of Prosper, according to the plat thereof recorded in Volume 2023, Page 146, Plat Records, Collin County, Texas; THENCE with the north line of said Lot 4, Block A, North 88°35'37'' West, a distance of 381.11 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the northwest corner of said Lot 4, Block A, and being in the east line of said 2.350 acre tract; THENCE South 01°30'06" West with the common line of said Lot 4, Block A, and said 2.350 acre tract, a distance of 286.78 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the southwest corner of said Lot 4, Block A, and being the northwest corner of Lot 1, Block A of Victory at Frontier, an addition to the Town of Prosper, according to the plat thereof recorded in Volume 2021, Page 546, Plat Records, Collin County, Texas; THENCE South 01°24'24" West with the common line of said Lot 1, Block A, and said 2.350 acre tract, a distance of 171.93 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for a southeast corner of said Lot 3, Block A, the southeast corner said 2.350 acre tract, the southwest corner of said Lot 1, Block A, and being in the north line of a called 7.930 acre tract of land described in the Special Warranty Deed with Vendor's Lien, to Victory At Frontier South, LLC., recorded in Instrument No. 20180824001065580, Official Public Records, Collin County, Texas; THENCE North 88°38'52" West with the common line of said Lot 3, Block A and said 7.930 acre tract, passing at a distance of 179.96 feet, the southwest corner of said 2.350 acre tract, continuing in all a distance of 289.71 feet to a 1/2-inch iron rod found for the northwest corner of said 7.930 acre tract; THENCE continuing with the common line of said Lot 3, Block A, and said 7.930 acre tract, South 01°21'12" West, passing at a distance of 150.00 feet, a 5/8-inch iron rod with red plastic cap stamped "KHA" set for reference, continuing in all a distance of 284.90 feet to a point for corner in the north line of Lot 1, Block A, of Prosper United Methodist Church, an addition to the Town of Prosper, according to the plat thereof recorded in Volume 2022, Page 562, Plat Records, Collin County Texas; THENCE with the common line of said Lot 3, Block A and said Lot 1, Block A, the following courses and distances: North 54°09'37" West, a distance of 107.29 feet to a point for corner; North 46°04'15" West, a distance of 109.43 feet to a point for corner; South 70°07'38" West, a distance of 201.06 feet to a point for corner; South 65°52'16" West, a distance of 218.72 feet to a point for the southwest corner of said Lot 3, Block A, and being the southeast corner of the aforementioned 37.632 acre tract; THENCE North 00°34'18" West with the common line of said Lot 3, Block A and said 37.632 acre tract, passing at a distance of 137.18 feet, a 5/8-inch iron rod with red plastic cap stamped "KHA" set for reference, passing at a distance of 838.39 feet, a 1/2-inch iron rod with plastic cap stamped "BARTON CHAPA" found for the northwest corner of the aforementioned 29.090 acre tract and the southwest corner of the aforementioned 5.448 acre tract, continuing along the common line of said Lot 3, Block A and said 37.632 acre tract, in all a distance of 1,133.39 feet to the POINT OF BEGINNING and containing a computed area of 806,677 square feet or 18.519 acres of land. Fort Worth, Texas 76102 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 www.kimley-horn.comFIRM # 10194040 3 OF 3JJWDJDJune 2025 064460922 TOWN PROJECT # DEVAPP-25-0015 REVISED CONVEYANCE PLAT VICTORY AT FRONTIER BLOCK A, LOTS 3, 5, 8 & 9 BEING A REVISED CONVEYANCE PLAT OF LOT 3, BLOCK A, VICTORY AT FRONTIER, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS RECORDED IN VOL. 2021, PG. 56 PLAT RECORDS OF COLLIN COUNTY, TEXAS, AND BEING 18.519 ACRES SITUATED IN THE SPENCER RICE SURVEY, ABSTRACT NO. 787 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: JUNE, 2025 LUCKY 7 RETAIL, LLC BY:____________________________________________ Authorized Signature ____________________________________________ Printer Name and Title STATE OF § COUNTY OF § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this personally appeared ___________________ known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___ day of ___________, 2025 _____________________________________________ Notary Public, State of Texas OWNER: Victory at Frontier LLC 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com APPLICANT / ENGINEER: Kimley-Horn and Associates, Inc. 13455 Noel Road Two Galleria Office Tower, Suite #700, Dallas, Texas 75240 Contact: Neda Hosseiny Ph. (972) 770-1300 neda.hosseiny@kimley-horn.com SURVEYOR: Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, #1300 Fort Worth, Texas 76102 Contact: David J. De Weirdt Ph. (817) 335-6511 david.deweirdt@kimley-horn.com OWNER: Lucky 7 Retail LLC 2911 Turtle Creek Blvd. Suite 700 Dallas, Texas 75219 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com OWNER: Roc-A-Fella, Inc. 211 W Frontier Parkway Prosper, Texas 75078 Contact: Tony Ramji Ph. (469) 213-7833 jesus@vg-re.com WAIV-25-0001 Page 277 Item 19. Victory at Frontier Block A, Lots 3 & 9 (WAIV-25-0001) Page 278 Item 19. Information Purpose: •Allow Lots 3 and 9 to have frontage onto a fire lane, access, utility, and drainage easement (F.A.U.D.E) instead of public right-of-way. Subdivision Ordinance: •Per Article 10.03, Section 137 (§10.03.137) of the Subdivision Ordinance, a waiver may be approved for lots in nonresidential developments that can not achieve access to a public street provided there is adequate access through public access easements from a public street. Page 279 Item 19. Information Cont. Criterion: •The following criterion should be considered when evaluating a waiver request. •The nature of the proposed land use involved and existing uses of the land in the vicinity. •The number of persons who will reside or work in the proposed development. •The effect such subdivision waiver might have upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Page 280 Item 19. Information Cont. Findings: •The following findings should be presented when evaluating a waiver request. •That there are special circumstances or conditions affecting the land involved or other physical conditions of the property such that the strict application of the provisions of this subdivision ordinance would deprive the applicant of the reasonable use of his or her land. •That the subdivision waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the subdivision waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area •That the granting of the subdivision waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subdivision ordinance. Page 281 Item 19. Page 282 Item 19. Page 283 Item 19. Page 284 Item 19. Page 285 Item 19. Page 286 Item 19. Page 1 of 1 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – June 24, 2025 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals 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 Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission on June 17, 2025. Per the Zoning Ordinance, the Town Council can direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-24-0128 – Frontier South, Block A, Lot 1 (Approved 5-0) 2. DEVAPP-24-0135 – Westside Addition, Block A, Lot 18R (Approved 5-0) 3. DEVAPP-25-0014 – Victory at Frontier, Block A, Lots 1, 3, 4, 5, 7, 8, & 9 (Approved 5-0) 4. DEVAPP-25-0041 – Prosper Center, Block A, Lots 10-11 (Approved 5-0) 5. PowerPoint Slides Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 287 Item 20. UP UP FH FH FH FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRE L A N E FIRE L A N E FIRE L A N EFIRELANE F I R E L A N E F I R E L A N E F I R E L A N E FI R E L A N E FIRELANE FH70470370 2 70 1 70 0699 6 9 8 6976966956 9 4 6 9 3 6 9 2 691690689688687686685704703703702701700699698697696695694693692691690689688687686 7187 1 7 71 6 7 1 5 7 1 4 7 1 3 7 1 2 7117107097087077067057 0 4 7 0 3 702693694695696697Jones Jerral W Etal Volume 5184 Page 212 O.P.R.C.C.T. Land Use: Undeveloped LOT 3, BLOCK A VICTORY AT FRONTIER LLC DOC. NO. 20161122001590950 D.R.C.C.T. LAND USE: UNDEVELOPED LOT 4, BLOCK A VICTORY AT FRONTIER LLC VOL. 2018, PG. 699, P.R.C.C.T. ZONING: PD-10 LAND USE: RETAIL - RESTAURANT PROSPER UNITED METHODIST CHURCH ZONING: SINGLE FAMILY EX. LAND USE: CHURCH INSTRUMENT NO. 20190626000744210 O.P.R.C.C.T. REMAINDER OF VICTORY AT FRONTIER SOUTH, LP INST. NO. 20180824001065580 OP.R.C.C.T. ZONING: OFFICE LAND USE: UNDEVELOPED N PRESTON RD(STATE HIGHWAY 289)N COLEMAN STREET UP UP FH FH FH FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRE L A N E FIRE L A N E FIRE L A N EFIRELANE F I R E L A N E F I R E L A N E F I R E L A N E FI R E L A N E FIRELANE FH70470370 2 70 1 70 0699 6 9 8 6976966956 9 4 6 9 3 6 9 2 691690689688687686685704703703702701700699698697696695694693692691690689688687686 7187 1 7 71 6 7 1 5 7 1 4 7 1 3 7 1 2 7117107097087077067057 0 4 7 0 3 702693694695696697EXISTING DEVELOPMENT FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE Lot 1 Proposed Building Land Use:Restauant/Retail 12,400 sf TOTAL PARKS 93 7,080 REST. 71 PARKS 4,920 RETAIL 20 PARKS 400 PATIO 2 PARKS Lot 2 Proposed Building Land Use:Retail/Restaurant First Floor: 17,300 sf Second Floor: 12,000 sf Lot 3 RETAIL 19,700 SF 83 PARKS 6 8 15 12 12 7 69 5 9 714 13 13 4 9 13 10 811 8 10 10 13 14 2 TOTAL PARKS 178 FIRST FLOOR: 9,735 REST. 98 PARKS 7,965 RETAIL 32 PARKS SECOND FLOOR: 12,000 RETAIL 48 PARKS 2 7 14 14 89 12 10 10 12 FIRELANEFIRELANEFIRELANEFIRELANEF I R E L A N E FIRELANE FIREL A N E FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE 1 STORY2 STORY FH FH FH FH FH FH FH FH 135.3'10.0'20.0'10.5'20.0'26.0'18.0'10.5'24.0'20.0'20.0'18.0'24.0'18.0'10.0' 90.0'11.5'18.0'24.0' 20.0'20.0'24.0'20.0'20.0' 24.0' 12.0' 12.0'11.0 '11.0 ' 12 . 0 ' 12 . 0 '11.0'11.0'21.4'5.2' 211.2'93.8'128.9'425.1' TO NEAREST DRIVEWAY40.0 '40.0 '40.0'40.0'PROP. 8' MASONRY DUMPSTER ENCLOSURES PROP. 8' MASONRY DOUBLE DUMPSTER ENCLOSURE PROP. 8' MASONRY DUMPSTER ENCLOSURES EX. FIRE HYDRANT PROP. FIRE HYDRANT EX. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT PROP. FIRE HYDRANT EXISTING 100 - YEAR FEMA FLOODPLAIN LIMITS PROPOSED 100 - YEAR FEMA FLOODPLAIN LIMITS 30' BUILDING SETBACK30' BUILDING SETBACK2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 2' OVERHANG 5' LS BUFFER 14' MASONRY SCREENING WALL WITH ROW OF EVERGREEN TREES PROP. RETAINING WALL 24' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT 26' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT 26' FIRELANE, DRAINAGE UTILITY, AND ACCESS EASEMENT24' FIRELANE, DRAINAGE UTILITY,AND ACCESS EASEMENT15' UTILITY EASEMENT 2' OVERHANG PROP. 10' SIDEWALKR30'R3 0'R30'R 1 0 'R1 0 'R30'R 30'R30'R3 0' R 5 'R5'23.0 ' 11.0' 40.0' 18.0'9.0'18.0'9.0'18.0'9.0'18.0'9.0'18.0'9.0' R 3 0 'R30'36.0'R 3 0 '18.0'9.0'30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 2' OVERHANG 26.0' 18.0'26.0'20.0'20.0'26.0'18.0' 10.5' 32.0' 24.0' PROP. RETAINING WALL MAX. HEIGHT 8.24 FT 5.6'PROP. 10' SIDEWALK 10.0' PROP. 5' LANDSCAPE SETBACK 7.6'10.0'10.0'24' FIRELANE, DRAINAGE, UTILITY AND ACCESS EASEMENT (BY SEPARATE EASEMENT) 158.0'130.4'2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG 5' LS BUFFER 2' OVERHANG GREASE TRAP GREASE TRAP GREASE TRAP GREASE TRAP 15' WATER ESMT STAIRS STAIRS STAIRS 6.5' EX. 15' SANITARY SEWER EASEMENT 5' LS BUFFER 5' LS BUFFER 8' WALL 8' WALL 9' WALL END OF WALL 8' WALL 11' WALL 17' WALL 11' WALL (TO BE CONTINUED OFFSITE) 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 5' LS BUFFER 13.0' 161.0' 30' BUILDING SETBCK30' BUILDINGSETBACK15' BUILDING SETBACK 15' BUILDING SETBACK LEGEND C3.0 FILENAME: C3.0 SITE PLAN_.dwgPLOTTED BY: John GardnerFULL PATH: K:\Jobs\VIC24003_Frontier South\Drawings\03 - ProductionK:\Jobs\VIC24003_Frontier South\Drawings\03 - Production\C3.0 SITE PLAN_PLOTTED DATE: 6/4/2025SHEET:REV:DATE:DESCRIPTION:FRONTIER SOUTHBLOCK A, LOTS 1 - 3 TOWN OF PROSPERCOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: VIC21021 DATE E N G I N E E R I N G JOHN D. GARDNER 138295 DATE: 05/30/2025 2911 TURTLE CREEK BLVD, STE 700 DALLAS, TX 75219 972-707-9555 SITE PLAN KEY 1 PROP. METER (DOMESTIC) 2 PROP. DCDC (FIRE SERVICE) 3 PROP. METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET010050 SCALE: 1" = 50' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. Know what's below. before you dig.Call R PROPOSED SIGN FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED CURB INLET PROPOSED GRATE INLET ACCESSIBLE ROUTE PARKING COUNT PROPOSED RETAINING WALL PROPOSED FDC PROPERTY BOUNDARY TREE FIRE LANE FH FIRELANE 10 SS PRELIMINARY SITE PLAN TOWN PROJECT DEVAPP-24-0128 FRONTIER SOUTH BLOCK A, LOTS 1 - 3 7.930 ACRES VICTORY AT FRONTIER SOUTH, LP (INST. NO. 20180824001065580) TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: 11/11/2024 ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: JOHN GARDNER, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TEXAS 76233 EMAIL: AMY_LONDON@ LONDON-LANDSCAPES.NET CONTACT: AMY LONDON, RLA OWNER/APPLICANT VICTORY AT FRONTIER SOUTH LP 2911 TURTLE CREEK BLVD. #700 DALLAS, TX 75219 PH: 214-934-2566 CONTACT: JESUS SANCHEZ289W FRONTIER PKWY STABLEFOR D S T ALLBRIGHT RD VICTORY WYWORTHINGTON WAYLANIER WAYCOLUMBUS LN CAROLINA LNPURDUE LN DUKE DR YALE LNMCMASTER LNSTANFORD LN DUBLIN RIDGE DRFEDERALRDWICHITA DR LONESOME DOVE DR WINCHESTER DRCATTLE DRBOZMAN TRAILCHISHOLM TRAIL REMINGTON RDCHEYENNE DRTOMBSTONE DR SANTA FE LN E FRONTIER PKWY PROJECT SITE N COLE M A N S T PRESTON HILLS CIRPRESTON HILLS ESTATESN PRESTON RDBARNSTORM D R KINGSBRIDGE LNVICINITY MAP N.T.S TOWN OF PROSPER NOTES: 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND * 9.LIVING SCREEN TO BE PROVIDED WHERE NEEDED, IN SPACES WHERE NATURAL SCREENING IS NOT SUFFICIENT. 10.LIVING SCREEN PLANT TYPES: AMERICAN PILLAR ARBORVITAE OR CAROLINA CHERRY LAUREL TREES. 11.AN EXHIBIT OF THE LIVING SCREEN WILL BE PROVIDED AT THE TIME OF THE SITE PLAN. OPEN SPACE TABLE LOT 1 LOT 2 LOT 3 EXISTING ZONING PD-116 PD-116 PD-116 PROPOSED ZONING PD-116 PD-116 PD-116 PROPOSED USE RESTAURANT/ RETAIL RESTAURANT/ RETAIL RETAIL LOT AREA (SF) /( ACRES)68,521 SF / 1.57 ACRES 201,162 SF / 4.62 ACRES 75,753 SF / 1.74 ACRES TOTAL BUILDING AREA (SF)12,400 SF 29,700 SF 19,700 SF BUILDING HEIGHT 20'-0" (1 STORY)40'-0" (2 STORY)20'-0" (1 STORY) LOT COVERAGE 18.10%14.76%26.01% PARKING REQUIREMENTS 1 PER 250 SF (RETAIL) 1 PER 100 SF (RESTAURANT) 1 PER 200 SF (PATIO) 1 PER 250 SF (RETAIL) 1 PER 100 SF (RESTAURANT) 1 PER 250 SF (RETAIL) BUILDING DISTRIBUTION RETAIL: 4,920 SF RESTAURANT: 7,080 SF PATIO: 400 SF 1ST FLOOR: RESTAURANT: 8,800 SF RETAIL: 8,900 SF 2ND FLOOR: RETAIL: 12,000 SF RETAIL: 20,630 SF TOTAL PARKING SPACES REQUIRED 93 172 79 TOTAL PARKING SPACES PROVIDED 93 172 83 REQUIRED ADA PARKING 4 6 4 PROVIDED ADA PARKING 4 6 4 IMPERVIOUS AREA (SF)54,187 S.Q. FT 96,932 S.Q. FT 68,108 S.Q. FT REQUIRED PARKING LOT LANDSCAPING (SF) 15 S.Q. FT PER SPACE (1,395 S.Q. FT) 15 S.Q. FT PER SPACE (2,670 S.Q. FT) 15 S.Q. FT PER SPACE (1,245 S.Q. FT) PROVIDED PARKING LOT LANDSCAPING (SF)3,030 S.Q. FT 4,743 S.Q. FT 4,426 S.Q. FT REQUIRED OPEN SPACE (SF)7% (4,797 S.Q. FT)7% (14,081 S.Q. FT)7% (5,303 S.Q. FT) PROVIDED OPEN SPACE (SF)11.5% (7,905 S.Q. FT)42.7% (85,805 S.Q. FT)12.1% (9,170 S.Q. FT) Page 288 Item 20. Cab. X , P g . 7 1 7 P R D C T 50' R. O . W . var. width R . O . W .Cab. V, Pg. 378 PRDCTDoc. No. 2018-482 PRDCT var. width R.O.W.CAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONCAU T I O N CAUTIONvvar. width R.O.W.Block A, Lot 1 Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Warehouse Block A, Lot 2 Westside Addition Doc. No. 2020-55 PRDCT Zoning: PD-94 Existing Use: Fuel Facility S N W E Vicinity Map PROJECT LOCATION Site Plan WESTSIDE 18R Westside Addition - Block A, Lot 18R SITUATED IN THE J. GONZALES SURVEY, ABSTRACT NO. 447 AND IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS 139,235 Sq. Ft./3.196 Acres Current Zoning: PD-94 Town Case No. DEVAPP-24-0135 Page 289 Item 20. FIRE L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIREL A N E FIRELANE FIRELANEFIRELANEFIRELANEFI R E L A N E FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRE L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIREL A N E FIRELANE FIRELANEFIRELANEFIRELANEFI R E L A N E FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE S S S S S S FL FL FL FL FL 7 8 7 10 14 14 9 9 9 9 8 8 9 13 5 14 6 8 10 9 11 FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FH FH 6 13 5 9 138 9 15 11 7 4 7 10 6 5 13 12 10 9 8 7 6 2 8 9 8 9 10 2 4 4 2 4 12 XXXXXXXXXFLFLFLFLFLFLFLFLFLFLFLFL10 1312 14 14 11 11 12 9 14 141414 9 12 11 6 10 9 8 T3P8 10 9 7 14 14 14 14 14 14 14 14 14 14 14 14 14 10 8 7 14 13 14 13 13 11 8 10 13 9 9 FLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FLFLFLFLFLS S S S S S FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFL FLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FL F L N. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.FRONTIER PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 20090721000915890 & VOL. 2021, PG. 56 O.P.R.C.C.T. BLOCK A, LOT 4 2.947 AC BLOCK A, LOT 1 2.487 AC BLOCK A, LOT 2 1.377 AC BLOCK A, LOT 7 1.486 AC BLOCK A, LOT 6 1.228 AC BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 8 3.904 AC BLOCK A, LOT 9 2.928 AC EX. MOB BLDG 6,000 SF EXISTING BUILDING: TOTAL: 11,718 SF RETAIL: 3,258 SF RESTAURANT: 6,860 SF MEDICAL OFFICE: 1,600 SF EX. SERVICE STATION BLDG 6,820 SF EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1,500 SF PROPOSED BUILDING: TOTAL: 16,685 SF RETAIL: 13,125 SF RESTAURANT: 3,560 SF PROPOSED BUILDING: TOTAL: 16,680 SF RETAIL: 13,250 SF RESTAURANT: 3,430 SF PRELIMINARY LAYOUT OF OUTDOOR POOL DECK 49,000 SF COVERED STRUCTURES, CANOPIES, AND/OR SLIDE STRUCTURES TO BE FIRE RETARDANT/TREATED IF APPLICABLE. ADDITIONAL INFORMATION TO BE PROVIDED WITH SITE PLAN AND BUILDING PLANS.FLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLBLOCK A, LOT 5 1.4233 AC 680680680 6806906826826846846846866866866886886886926 9 4 69 6 698680 680680 690 678 678 678678 6826 8 4 686 688 6926907007106 8 2 6846866866866886926946966987027 0 4 70670871271271071271471670669070068869269469669870270469 0 690 690700 710688 692694694694 696 698 702 704706708712712714716718 720716 716718722724724724724 71072 0 706708708708712714 714714716 718 70070070069870270 4 70 6 708PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128) FRONTIER RETAIL SOUTH TRACT IN REVIEW. PROPOSED HEALTH STUDIO/RECREATION CENTER (PRIVATE) FOOTPRINT: 52,900 SF TOTAL BUILDING AREA: 105,800 SF EXISTING BUILDING: TOTAL: 18,245 SF RETAIL: 9,421 SF RESTAURANT: 4,724 SF MEDICAL OFFICE: 3,500 SF PATIO: 600 SFFL BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPEROVERALLPRELIMINARY SITEPLANC-100 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES C-101 C-102 C-104 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 C-103 SITE DATA TABLE NOTES 1.LOT AREAS FOR LOT 1 AND 4 ARE PER THE FINAL PLAT 2.LOT AREA FOR LOT 5 AND 7 ARE BASED ON THE FINAL CONFIGURATION 3.PARKING LOT LANDSCAPING, OPEN SPACE, AND IMPERVIOUS AREA IS BASED ON THE LATEST APPROVED SITE PLAN FOR LOT 1 AND 4 3.PARKING LOT LANDSCAPING, OPEN SPACE, AND IMPERVIOUS AREA IS BASED ON THE LATEST SITE PLAN D22-0093 FOR LOT 1 AND 4 4.PARKING CALCULATIONS ARE BASED ON THE LATEST TENANT INFORMATION Page 290 Item 20. OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE FLFL FL FL FL FL FL FL FL FL FL FL FL FL FL7 8 7 10 14 14 9 9 9 9 8 8 9 13 5 14 11 FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFL F L FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFL10 1312 14 14 11 11 12 14 141414 14 14 14 14 14 14 14 14 14 11 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLS S S FLFLFLFLFLFRONTIER PARKWAY (VARIABLE WIDTH RIGHT-OF-WAY) INST. NO. 20090721000915890 & VOL. 2021, PG. 56 O.P.R.C.C.T. BLOCK A, LOT 8 3.904 AC BLOCK A, LOT 3 10.409 AC PROPOSED BUILDING: TOTAL: 16,685 SF RETAIL: 13,125 SF RESTAURANT: 3,560 SF PROPOSED BUILDING: TOTAL: 16,680 SF RETAIL: 13,250 SF RESTAURANT: 3,430 SF N0°34'18"W521.22'PROP. FH PROP. CURB INLET PROP. CURB INLET PROP. CURB INLET PROP.FH PROP. FH PROP. BFR PROP. BFR PROP. RAMP PROP. RAMP PROP. RAMP PROP. RAMP PROP. RAMP PROP.PARKING PROP. PROPERTY LINE PROP.PARKING PROP.PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. ADA STALL PROP. ADA STALL PROP. ADA STALL PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP. PARKING PROP.PARKING EX. FH EX. FH EX. FH PROP. 8' MASONRY DUMPSTER PROP. 10' HIKE AND BIKE TRAIL 2' OVERHANG 2' OVERHANG 2' OVERHANG PROP. 7' SIDEWALK PROP. 7' SIDEWALK PROP. GRATE INLET PROP. GRATE INLET PROP. SSWR MHPROP. CURB INLET PROP. CURB INLET PROP.FH PROP. FDC W/ BOLLARDS PROP. SSWR MH 6907007106 8 2 684 6866866866886926946966987027 0 4 70670871271271071271471670669070068869269469669870270469 0 690 690700 710688 692694694694 696 698 702 704706708712712714716718 PROP. 8' MASONRY DUMPSTER 432.0' 181.6'9.0'24.0'F.A.D.U.E.18.0'9.0'24.0'24.0'24.0'24.0'18.0'9.0'18.0'9.0'20.0'20.0'9.0' 24.0' 18.0'9.0'9.0'18.0'9.0' 24.0'18.0'9.0'24.0'18.0'24.0'9.0'5.0' 40.0' 5.0'85.0'196.8' 185.4'90.0'120.8' EX. STORAGE99.5' EX. TRANSITION 5.0' 5.0' 5.0'2.5'2.5'63.9' EX. MEDIAN OPENING 62.5' EX. MEDIAN OPENING 20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'20.0'24.0'20.0'12.0'20.0'24.0'20.0'12.0'20.0'24.0' 18.0'20.0'9.0'20.0'9.0'20.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'24.0'26.0'F.A.U.E.26.0'F.A.U.E.24.0' F.A.U.E. 30.0' F.A.U.E. 301.9' 24.0' F.A.U.E. 18.0'10.2'10.2'2.5'10.0'9.0' 9.0'40.0'24.0'20.0'20.0'9.0' 9.0'18.0'20.0'20.0'9.0' 9.0'18.0'2.5'PROP. WATER METER 12.0 ' 11.0' 1 2 . 0 ' 11.0'12.0 ' 11.0' PROP. GRATE INLET PROP. WATER METER 110.0' TRANSITION 11.0'80.0' STORAGE 81.2' 52.0' F.A.U.E.R=30.0'R=30.0'R =30.0' R =3 0.0'R = 3 0 .0' R =54.0' R =30.0'R=56. 0 'R=30. 0 'R=30 .0 'R =30.0'R=30.0'R=54.0'R=30.0'R=30.0'R=30.0'R=30.0'R=30.0'R=30.0'2' OVERHANG 10.0'(TYP.)10.0' (TYP.) 2' OVERHANG 10.0' (TYP.) 10.0' (TYP.)10.0'(TYP.)1000-GALLON GREASE TRAP 1000-GALLON GREASE TRAP 10.0'(TYP.)10.0'(TYP.)10.0'(TYP.)PROP. 5' SIDEWALK PROP. 5' SIDEWALK 2' OVERHANG 2' OVERHANG WATER EASEMENT INST. NO. 2023000084525 O.P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084528 O.P.R.C.C.T. 10' WATER EASEMENT INST. NO. 20080623000754670 O.P.R.C.C.T. 5' LANDSCAPE SETBACK STREET EASEMENT INST. NO. 2023000084527 O.P.R.C.C.T. 30' RIGHT OF WAY DEDICATION VOL. 2018, PG. 699 P.R.C.C.T. WATER EASEMENT INST. NO. 2023000084524 O.P.R.C.C.T. FIRELANE ACCESS EASEMENT INST. NO. 2023000084529 O.P.R.C.C.T. (TO BE ABANDONED) 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK PROP. DECELERATION LANE EXISTING RIGHT TURN LANE PROP. 6' SIDEWALK OPEN SPACE PROP. 10'x10' WATER EASEMENTPROP. 10'x10' WATER EASEMENT PROP. 10'x10' WATER EASEMENT PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK PROP. BFR PROP. BFR 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 15' SIDE YARD SETBACK PROP. STREET EASEMENT (BY SEPARATE INSTRUMENT) PROP. 24' FADUE 15' SANITARY SEWER EASEMENT 15' WATE R EASEMENT 15' REAR YARD SETBACK PROP. FH PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 30' FRONT YARD SETBACK R =30.0'R =3 0.0'R=54.0'R=3 0.0' R =3 0 .0 ' R = 3 0 .0' PROP. SSWR MANHOLE 15' SIDEYARD SETBACK 15' SIDE YARD SETBACK 15.0' 30' FRONT YARD SETBACK PROP.FH PROP. 10'x10' WATER EASEMENT 15' SIDEYARD SETBACK 15' SIDE YARD SETBACK 18.0'9.0' 10.0' (TYP.)10.0'9.0'9.0'5.0'18.0'2.5'33.5'PROP. LEFT TURN LANE 30.0'2.0' 18.0'2.0' 30' BUILDING SETBACK 30.0'PROP.FH PROP. 10'x10' WATER EASEMENT PROP.FH PROP. 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 9.0'250'30.0'PROP. BERM PROP. BERM PROP. BERM PROP. BERM 30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 32.0'30.0'2' OVERHANG 11.0'10.0' 10.0'BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-101 NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. MATCHLINE: SEE SHEET C-102 MATCHLINE: SEE SHEET C-1031.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 Page 291 Item 20. XXXXXXXXXXXX10 9 8 8 7 FLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL S S S BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 9 2.928 AC PRELIMINARY LAYOUT OF OUTDOOR POOL DECK 49,000 SF COVERED STRUCTURES, CANOPIES, AND/OR SLIDE STRUCTURES TO BE FIRE RETARDANT/TREATED IF APPLICABLE. ADDITIONAL INFORMATION TO BE PROVIDED WITH SITE PLAN AND BUILDING PLANS.N0°34'18"W521.22'N88°38'54"W 854.24' PROP. ADA STALL (TYP.) PROP. HEADWALL PROP. HEADWALL PROP. SSWR MH PROP. 5' SIDEWALK PROP. 5' SIDEWALK PROP. SSWR MH PROP. SSWR MH EX. SSWR MH EX. SSWR MH EX. SSWR MH PROP. CLEANOUT PROP. PROPERTY LINE EX. CENTERLINE OF CREEK EX. SSWR MH PROP. ADA STALL (TYP.) PROP. 6' POWDER COATED METAL PICKET STYLE FENCE PROP. 6' POWDER COATED METAL PICKET STYLE FENCE PROP. 6' POWDER COATED METAL PICKET STYLE FENCE N88°38'54"W 854.24' 680680680 68069068268268468468468668668668868868869269 4 69 6 680 680680 690 678 678 678678 6826 8 4 686 688 692 88.9' 88.8'49.4'26.0' 251.0' 5.0'5.0'5.0'9.0'20.0'9.0'20.0'20.0'9.0'20.0'9.0'26.0'F.A.U.E.65.0'20.5'9.4'5.0'5.0' 1000-GALLON GREASE TRAPPROP. GATE WITH EMERGENCY ACCESS PROP. VARIABLE WIDTH SIDEWALK PROP. GATE WITH EMERGENCY ACCESS PROP. FH WITH 10'x10' WATER EASEMENT 5' LANDSCAPE SETBACK 15' SANITARY SEWER EASEMENT INST. NO. 20130719001011950 O.P.R.C.C.T. 15' DRAINAGE EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 15' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. DRAINAGE AND DETENTION EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. (TO BE ABANDONED) OPEN SPACE 5' LANDSCAPE SETBACK 100 YEAR FULLY DEVELOPED FLOODPLAIN EX. 100YR FEMA FLOODPLAIN APPROXIMATE LIMITS ZONE A F.I.R.M. MAP NO. 48085C0120J DATED JUNE 2, 2009 (SEE FLOOD STATEMENT) DRAINAGE, WATER AND SANITARY SEWER EASEMENT 15' DRAINAGE EASEMENT 5' LANDSCAPE SETBACK PROP. 15' SANITARY SEWER EASEMENT PROP. SANITARY SEWER AND WATER EASEMENT 15' SIDE YARD SETBACK 15' REAR YARD SETBACK 15' LANDSCAPE AND REAR YARD SETBACK 15' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 15' SIDE YARD SETBACK 15' DRAINAGE EASEMENT 15' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699 P.R.C.C.T. PROPOSED HEALTH STUDIO/RECREATION CENTER (PRIVATE) FOOTPRINT: 52,900 SF TOTAL BUILDING AREA: 105,800 SF 86.0'60.0'142.0' 15' SIDE YARD SETBACK PROP. JUNCTION BOX PROP. VARIABLE WIDTH SIDEWALK 142.0' 15' DRAINAGE EASEMENT POOL DECK LANDSCAPE BEDS ALONG PERIMETER FENCE PROP. SANITARY SEWER AND WATER EASEMENT 15.0' PROP. FH PROP. 10'x10' WATER EASEMENT PROP. 15' SANITARY SEWER EASEMENT 15' DRAINAGE EASEMENT BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-102 NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES MATCH LINE: SEE SHEET C-101 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S.MATCH LINE: SEE SHEET C-1041.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 Page 292 Item 20. OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHES 6 8 10 9 FH 5 12 9 89 2 4 12 FLFLFLFLFLFLFLFL9 14 14 14 14 14 10 8 13 9 9 FLFL FL FLFLFLFLFLFLF L FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FLFLFLFL FL FL FLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLBLOCK A, LOT 4 2.947 AC BLOCK A, LOT 2 1.377 AC BLOCK A, LOT 7 1.486 ACBLOCK A, LOT 6 1.228 AC EX. MOB BLDG 6,000 SF EXISTING BUILDING: TOTAL: 11,718 SF RETAIL: 3,258 SF RESTAURANT: 6,860 SF MEDICAL OFFICE: 1,600 SF EX. SERVICE STATION BLDG 6,820 SF EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1,500 SF BLOCK A, LOT 3 10.409 AC FLFLFLFLFLFLFLFLN89°48'50"E 114.33' N0°32'50"W 2.56' S1°24'24"W 94.59' N88°35'56"W 37.02' S1°30'06"W 286.78'±107.0'PROP. FH PROP. CURB INLET PROP. RETAINING WALL PROP. PEDESTRIAN PATH PROP. BFR PROP. BFR PROP. PROPERTY LINE PROP. PARKING PROP. PARKING PROP. PARKING EX. FH EX. FH EX. SSWR MH EX. FH EX. SSWR MH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FH EX. FDC EX. FDC EXISTING PAVEMENT EXISTING PAVEMENTEXISTING ±24.0'WIDE DRIVEBLOCK A, LOT 5 1.4233 AC EX. FH 720716 716718722724724724724 71072 0 706708708708712714 714714716 718 PROPOSED LOT 5 PARKING TO SERVE EXISTING LOT 2. REFER TO SITE PLAN APPLICATION (CITY PROJECT NO. D22-0093) PROP. BFR PROP. 5' SIDEWALK 68.5' 23.7' EX. F.A.D.U.E.20.0'9.0'20.0'9.0'24.0'EX. F.A.D.U.E.30.0'12.0'5 0 . 0 '20.0'9.0'24.4'EX. F.A.D.U.E.5.0'24.0'20.0'12.0' 20.0' 20.0'20.0'24.0'20.0'20.0'24.0'20.0' 9.0'9.0'9.0'9.0'9.0'9.0'9.0'9.0'20.0'9.0'26.0'24.0'24.0' F.A.U.E.6.0'6.0' R =5 4.0' R=30.0' R =30.0'24' FIRE LANE ACCESS AND UTILITY EASEMENT 24' FIRELANE, ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. 12' FIRE LANE ACCESS AND UTILITY EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56, P.R.C.C.T. WATER EASEMENT INST. NO. 2023000016607 O.P.R.C.C.T. 10' X 10' WATER EASEMENT VOL. 2021, PG. 56 P.R.C.C.T. DRAINAGE EASEMENT INST. NO. 2023000084526 O.P.R.C.C.T. 24' DRAINAGE AND SANITARY SEWER EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. OPEN SPACE 5' LANDSCAPE SETBACK PROP. 10'x10' WATER EASEMENT PROPERTY LINE TO BE ABANDONED BY PLAT PROP. EV CHARGER PARKING PROP. PARKING PROP. PARKING PROP. PARKING 5' LANDSCAPE SETBACK 15' DRAINAGE EASEMENT 30' FRONT YARD SETBACK EX. PARKING (TYP.) EX. DUMPSTER (TYP.) EX. PARKING (TYP.) 10.3' 30' FRONT YARD SETBACK 15' SIDE YARD SETBACK 15' SIDE YARD SETBACK OLD LOT LINE OLD LOT LINE PROP. JUNCTION BOX 15.0'30.0'5.0'PROP. PROPERTY LINE 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 30.0'30' FRONT YARD SETBACK 15' SIDEYARD SETBACK 15.0' 15' SIDEYARD SETBACK 15.0'15' SIDEYARD SETBACK 15' SIDEYARD SETBACK 15' SIDEYARD SETBACK BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLANC-103 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTESMATCH LINE: SEE SHEET C-101SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJI 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 MATCH LINE: SEE SHEET C-104 Page 293 Item 20. FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELA N E FIRE L A N E FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELA N E FH 6 13 5 9 13 8 9 15 11 7 4 7 10 6 13 10 7 6 2 8 8 9 10 2 4 4 XXXXXXXXXXXXXXXXFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL9 12 11 6 T3P8 10 9 7 13 14 13 13 10 FLFLFLFL FLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FLFLFLFLFLFLN. PRESTON ROAD(STATE HIGHWAY 289)(VARIABLE WIDTH RIGHT-OF-WAY)VOL. 625, PG. 37D.R.D.C.T.BLOCK A, LOT 1 2.487 AC FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLF L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLS1°24'24"W 171.93'±68.0' EX. MEDIAN OPENINGEXISTING ±52.0' WIDE DRIVE±260.0'PROP. FH PROP. CURB INLET PROP. CURB INLET PROP. 5' SIDEWALK PROP. 8' HIGH MASONRY 30'x13' TRASH ENCLOSURE TO MATCH BUILDING PROP. CURB INLET PROP. JUNCTION BOX PROP. WATER METER PROP. TRANSFORMER W/ LANDSCAPE SCREENING PROP. FDC PROP. ADA STALL (TYP.) EX. FH EX. FH PROP. 10'x10' WATER EASEMENT EX. FH EX. FH EXI S T I N G P A V E M E N T698 70070070069870270 4 70 6 70820.0'5.0' 20.0'20.0'20.0'20.0'20.0'24.0'20.0'20.0'24.0'9.0'9.0'9.0'20.0'20.0'20.0'24.0'20.0'20.0' 20.0'9.0'9.0'9.0'9.0'9.0'20.0'9.0' 5.5' 24.0' F.A.U.E. 24.0' F.A.U.E. 5.0' 24.0' F.A.U.E. 58.9'5.0'5' LANDSCAPE BUFFER R=30.0'R=30.0'R =54.0'R =3 0 .0'R=3 0 .0'R=30.0'PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128) FRONTIER RETAIL SOUTH TRACT IN REVIEW. 24' SANITARY SEWER & DRAINAGE EASEMENT VOL. 2018, PG. 699, P.R.C.C.T. (TO BE ABANDONED) 10' WATER EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. DRAINAGE EASEMENT VOL. 2021, PG. 546 P.R.C.C.T. EXISTING DECELERATION LANE 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK EX. ADA PARKING (TYP.) EX. ADA PARKING (TYP.) EX. ADA PARKING (TYP.) EX. PARKING (TYP.) EX. PARKING (TYP.)10.2'55.0'EX. FH 9.0' R =30.0'15' SIDE YARD SETBACK 15' SIDE YARD SETBACK 15' REAR YARD SETBACK PROP. FH WITH 10'x10' WATER EASEMENT PROP. ENCLOSED KIDS AREA WITH SHADE STRUCTURE WITH 6'-4" PREFINISHED METAL POST FENCE PROP. 15' SANITARY SEWER EASEMENT 10.0' PROP. FH PROP. 10'x10' WATER EASEMENT 24.0'F.A.U.E.10.0'PROP. DRAINAGE, WATER, AND SEWER EASEMENT BLOCK A, LOT 3 10.409 AC BLOCK A, LOT 4 2.947 AC EXISTING BUILDING: TOTAL: 20,020 SF RETAIL: 1,730 SF RESTAURANT: 9,100 SF MEDICAL OFFICE: 7,690 SF PATIO: 1500 SF EXISTING BUILDING: TOTAL: 18,245 SF RETAIL: 9,421 SF RESTAURANT: 4,724 SF MEDICAL OFFICE: 3,500 SF PATIO: 600 SF9.0'PROP. FIRE LANE (BY OTHER). REFER TO PRELIMINARY SITE PLAN (CITY PROJECT NO. DEV APP24-0128). F.A.U.E. TO BE DEDICATED BY CONVEYANCE PLATFLFLFLR=3 0 .0 'PROP. 31.0'F.A.D.U.E.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT13455 NOEL ROAD, TWO GALLERIA OFFICE TOWERSUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928© 2025 KIMLEY-HORN AND ASSOCIATES, INC.064460922NMHPRSPRSJUNE 2025Engineer P.E. No. Date FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES. NEDA M. HOSSEINY 126707 06/05/2025 TEXASPROSPERPRELIMINARY SITEPLAN1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL CURB RADII ARE 2' UNLESS DIMENSIONED OTHERWISE. 3.PAVEMENT SECTIONS SHOWN FOR REFERENCE ONLY. SEE GEOTECH FOR DETAILS. 4.CONTRACTOR TO ADJUST EXISTING SANITARY SEWER MANHOLES, ELECTRICAL MANHOLES, FIRE HYDRANTS, VALVE BOXES, WATER METERS, ETC. TO MATCH PROPOSED FINISHED GRADES IF NECESSARY. 5.APPLICANT SHALL COMPLY WITH CITY ORDINANCE, CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE III, SOLID WASTE; SECT 6-51 TO 6-80. 6.APPLICANT SHALL COMPLY WITH ALL IRRIGATION REGULATIONS IN V.T.C.A. ADMINISTRATIVE CODE TITLE 30, CHAPTER 344 RULES ESTABLISHED BY THE STATE OF TEXAS; AND REQUIREMENTS FOR IRRIGATION DESIGN AND WATER CONSERVATION SET IN THE ALLEN LAND DEVELOPMENT CODE SECTION 7.05.6, AND THE CITY OF ALLEN WATER CONSERVATION AND DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 7.PROPOSED BUILDING SHALL COMPLY WITH THE ZONING ORDINANCE REQUIREMENTS FOR PROJECTIONS AND RECESSES; FINAL LAYOUT OF BUILDING SHOWING COMPLIANCE WILL BE SUBMITTED WITH SITE PLAN(S). NOTES MATCH LINE: SEE SHEET C-103 SITE BURLINGTON NORTHERN SANTA FE RAILROADDALLAS PARKWAYPRESTON ROADFRONTIER PKWYWORTHINGTON WAYVICTORY WAYN LOCATION MAP N.T.S. NORTH ENGINEER / SURVEYOR / APPLICANT: KIMLEY-HORN & ASSOCIATES, INC. 13455 NOEL ROAD TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PH (972) 770-1300 CONTACT: NEDA HOSSEINY, P.E. DEVELOPER: LIFE TIME 2099 CORPORATE PLACE CHANHASSEN, MN 55317 PH. (952) 401-2405 CONTACT: NATALIE NYE PRELIMINARY SITE PLAN VICTORY AT FRONTIER LOT 1, 3, 4, 5, 7, 8, & 9, BLOCK A TOWN OF PROSPER, COLLIN COUNTY, TEXAS SUBMITTED JUNE 05, 2025 TOWN OF PROSPER CASE NO. DEVAPP-25-0014 OWNER: VICTORY AT FRONTIER LLC, ROC-A-FELLA LLC, & LUCKY 7 RETAIL LLC 2911 TURTLE CREEK BLVD, SUITE 700 DALLAS, TX 75219 PH. (972) 707-9555 CONTACT: TONY RAMJIMATCH LINE: SEE SHEET C-1021.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND. TOWN OF PROSPER SITE PLAN NOTES LEGEND PROPERTY LINE SETBACK LINE PROPOSED EASEMENT EXISTING EASEMENT PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EXISTING CONTOUR PROPOSED FIRE HYDRANT (FH) PROPOSED FIRE DEPARTMENT CONNECTION (FDC) BARRIER FREE RAMP (BFR) FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE EXISTING STORM MANHOLE EXISTING SIGN PROPOSED BUILDING EXISTING BUILDING 10 FL FLF.A.D.U.E. FL FL527 C-104 Page 294 Item 20. EE188 0 3604.2 84 OVE R HE A D L IN E C 188 0 4 604 . 28 4 POW ER P O LE 1880 5 603.1 21EDG E O F C RO S SA R M B 188 0 6 604 . 33 3 EDG E O F C RO S SA R M EN D 188 0 7604.4 44 EDG E O F CR O SS A RM B 188 0 8603.0 22 EDG E O F C R OS S ARM E ND OHE OHE OHE OHE OHE OHE OHEFOHE OHE OHE OHE OH E OH E OH E OHE OHE OHEOHEOHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEDDDDGGIIIIIIIWSSSC CCEEEEEEEESSSFLFLFLFL FL 79111510113687FL FLFLFL41211999911111010913FL FLFLFLFLFL FL FLFLFLFLFL FLFLFL 771015111515FLFLFLFLFLFLFL FL FL FLFLFLFLFLIRR. WMWMFHFHFHFHFHFHFHFHREMOTEFDCFDCWMWMIRR. WMCICICICICICIEX. FHEX. FHEX. FH2-STORY (35' 0")MEDICAL OFFICE BUILDING16,655 SF33,310 GSFMHMHMHJBCOCOJBGIGI23'18'26'18'12.3'144.8'115'10.3'18'26'18'17.5'9'TYP9'TYP 9'TYP9'TYP9'TYP 11.4'20'24'20'20'26'20'20'11'9'TYP 9' TYP FUTURE GENERATOR LOCATIONSCREENING PER THE PROSPERDEVELOPMENT CODE AND TOBE PROVIDED AT SITE PLANAND CIVIL ENGINEERING PLANS1-STORY (28' 0")RETAIL: 6,700 SFRESTAURANT: 3,600 SFTOTAL: 10,300 SF18'26'20'14'9'TYP9'TYP18'9'TYP18'9'TYP18'9'TYP18'9'TYP24'20'20'24'11.4' 80'24'18'13'15.8'134.9'24'142'12.9'18'24'5.5'18'24'18' 18'24' 18' 24' 18'9'TYP9'TYP9'TYP21.7' 80' 12' 18'12'18'9' TYP 9'TYP9'TYP9' TYP 18'9' TY P 18'9'TYP9'TYP25'12' 21' ±145 . 6 ' T O E X I S T I N G PRA I R I E D R I V E 24.4' EXI S T I N G DRI V E W A Y ±320 ' T O W E S T W O O D D R I V E289.8' TO EXISTING LEGACY DRIVE69.2'229'24'±345 TO EX. DRIVEWAY95.8'PRAIRIE DRIVES. L E G A C Y D R I V E R30'R 10'R 1 0 'R10'R 1 0 'R10'R 1 0'R10'R30'R3 0 'R30'R30'R30'R30'R30'R30'R30'R48'R30' R 10'R10'R30'R30 '60' STORAGE110' TRANSITION60' STORAGE110' TRANSITION20' DRAINAGE ESMTDOC. NO. 2019-454P.R.D.C.T.5' W.M.EDOC. NO. 2020-178P.R.D.C.T.VARIABLE WIDTH FIRE LANE, ACCESSAND UTILITY EASEMENTDOC.NO. 2021-109, P.R.D.C.T.APPROXIMATE W.E. LOCATIONDOC.NO. 2021-109P.R.D.C.T.VARIABLE WIDTHFIRE LANE, ACCESS AND UTILITY EASEMENTDOC.NO. 2019-454P.R.D.C.T.VARIABLE WIDTH FIRE LANE,ACCESS AND UTILITY EASEMENTDOC.NO. 2021-109P.R.D.C.T.WATER ESMTDOC.NO. 2021-109P.R.D.C.T.WATER ESMTNO. 2021-109P.R.D.C.T.ATM O S E N E G R Y C O R P . EAS E M E N T ( P A R T A ) C.C. FILE N O . 2 0 1 5 - 9 5 2 8 3 R.P. R . D . C . T .WATER ESMTDOC.NO. 2019-454P.R.D.C.T.VARIABLE WIDTH FIRE LANE,ACCESS AND UTILITY EASEMENTDOC.NO. 2019-454P.R.D.C.T.15' WATER ESMTDOC.NO. 2019-454P.R.D.C.T.15' L A N D S C A P E E A S E M E N T DOC . NO. 2 0 2 5 - 2 6 P.R. D . C . T .VARIABLE WIDTHSTREET ESMTDOC.NO. 2025-26P.R.D.C.T.25' SANITARY SEWER EASEMENTINST.NO. 2012-123502O.R.D.C.T.5' W.M.EDOC.NO. 2019-70034O.R.D.C.T.25' DRAIANGE ESMTDOC. NO. 2019-454, P.R.D.C.T.15' DEAPPROXIMATEDETENTION15' DEVARIABLEWIDTH DEVARIABLE WIDTH SEWER ESMT10' WE10' WE9'9'9'9'5'9'9'5'9'9'9'9'9'5'9'9'9'5' WE5' WE5' WE10' WE10' WE10' WE10' WE10' WE5' WE10' WE1-STORY(28' 0")RETAIL: 7,000 SFRESTAURANT: 4,350 SFOUTDOOR PATIO: 550 SFTOTAL: 11,900 SF5' WEFDCS68°26'23"E592.10'N21°33'26"E 340.17'∆=23°52'04"R=1376.86'L=573.56'CB=N68°41'36"WC=569.42'N57°15'44"W156.03'N49°23'46"W125.69'S85°36'14"W35.36'S40° 3 6 ' 1 4 " W 185. 6 7 ' S44 ° 2 4 ' 2 5 " W 34. 4 0 'S49°23'46"E396.28'S40° 3 6 ' 1 4 " W 60.2 1 'BLOCK A, LOT 102.975 ACRES129,610 SFBLOCK A, LOT 113.241 ACRES141,190 SF60' REAR YARD SETBACK15' LANDSCAPE SETBACK60' SIDE YARD SETBACK15' LANDSCAPE SETBACK25' LANDSCAPEAND PEDESTRIANACCESS ESMT30' FRONT YARDSETBACK15' SIDE YARD SETBACK 15' SIDE YARD SETBACK 30' REAR YARD SETBACK15' REAR YARDSETBACK30' F R O N T Y A R D S E T B A C K30' FRONT YARD SETBACKPARKS AT LEGACY,PHASE IVDOC. NO. 2020-178,P.R.D.C.T.3839404142434445BLOCK A, LOT 9PROSPER CENTER,BLOCK A,LOT 9 DOC. NO.2021-109P.R.D.C.T.ORL III, LLCINST. NO. 2019-70032O.R.D.C.T.LOT 1, BLOCK CPROSPER CENTER, LOTS 1, 2, 3 & 4,BLOCK A, LOT 1, BLOCK B, LOT 1,BLOCK C, LOT 1, BLOCK DDOC. NO. 2015-242, P.R.D.C.T.VOL. 2015, PG. 344, P.R.C.C.T.1415161718THE PARKS AT LEGACY, PHASE ONEDOC. NO. 2015-283, P.R.D.C.T.150' EX. STORAGE100' EX. TRANSITIONEX. FHEX. FHEX. MHEX. MHEX. MHEX. MHEX. CIEX. CI10'10'10'10'19.7'10'R10'R 10'10'602602 604 604 604 606 606606606 60 8606602602604600600600600602 604602602602 604604600594 596598 600598602 602602604604604 6046 0 4 602602 604 600596598600594596598602 60 4 60612.8'BFRBFRBFRBFRBFRBFRBFRBFRBFRBFRBFRHW26' F.A.U.E.26' F.A.U.E.26' F.A.U.E.26' F.A.U.E.24' F.A.U.E.24' F.A. U . E .12'11'5' LANDSCAPEBUFFER11'8' TALL BRICKDUMPSTER ENCLOSURE5' LANDSCAPEBUFFER12'R30'R50'R30'R30'R30'R30'15' DE8' TALL BRICKDUMPSTER ENCLOSURE2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2'OVERHANG2' OVERHANG2' OVERHANG2' OVERHANG2'OVERHANGR30'R30'5' LANDSCAPEBUFFER8' TALL BRICKDUMPSTER ENCLOSURE14.5'5' LS BUFFEREACH SIDE2' OVERHANGDRAINAGE ANDDETENTIONEASEMENT8' SIDEWALK8' SIDEWALK8' SIDEWALKEX. 10'SIDEWALKEX. 10'SIDEWALKEX. 6' MASONRYSCREENING WALLFH10' WER30'R30'R54'R30'PROPOSEDLIVINGSCREENING WALLPER TOWNSTANDARDSEX. 5' WALLMAINTENANCE EASEMENTDOC.NO. 2020-178P.R.D.C.T.25' LANDSCAPEAND PEDESTRIANACCESS ESMT5' LS BUFFER5' LSBUFFER5' LSBUFFER5' LSBUFFER5' LS BUFFEREACH SIDEPROPOSEDLIVINGSCREENING WALLPER TOWNSTANDARDSPEDESTRIANACCESS ESMT.PED E S T R I A N ACC E S S E S M T .5' LANDSCAPESETBACK5' LANDSCAPESETBACKThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. BY DATE AS SHOWN REVISIONSNo.DATESHEET NUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT 2600 N CENTRAL EXPRESSWAY, SUITE 400 PHONE: 214-617-0535 WWW.KIMLEY-HORN.COM TX F-928 RICHARDSON, TX 75080 GSP GSP SEH LAST SAVED 6/11/2025 8:05 AMPLOTTED BY POTTS, GRIFFIN 6/11/2025 8:07 AMDWG PATH K:\RCH_CIVIL\060000302 - PROSPER LEGACY & PRAIRIE\CAD\PSP\PLAN SHEETSDWG NAME PRELIMINARY SITE PLAN.DWG , [ C-0.0 SITE PLAN ]IMAGESXREFS xBrdr : xEasement-PSP : xSite-PSP : xStorm-PSP : xUtil-PSP : xBndy : xEasement-PSP : xExEasement : xExSite : xExUtil : xHatch-PSP : xExSite-1 : zVicinity Map 060000302 PROSPER CENTER LOTS 10 AND 11 PROSPER, TEXAS © 2025 KIMLEY-HORN AND ASSOCIATES, INC. 5/27/2025BARRIER FREE RAMPTYPICALNUMBER OF PARKING SPACESBFRTYP.-CURB INLETCIJUNCTION BOXJBGRATE INLETGIMANHOLEMHFIRE HYDRANTFHKEYWATER METER WMIRRIGATION METERIRR.CLEANOUTCOFIRE DEPARTMENT CONNECTIONFDCLEGENDLOT LINEPROPERTY LINEWATER VALVEWATER METERFDCSANITARY SEWER MANHOLESTORM MANHOLEPROPOSED FIRE HYDRANTSPSP-1PRELIMINARY SITE PLAN NORTH0GRAPHIC SCALE IN FEET40 204080PREPARATION DATE: MAY 27, 2025CASE# - DEVAPP-25-0041PRELIMINARY SITE PLANPROSPER CENTERBLOCK A, LOTS 10 AND 116.217 ACRES SITUATED IN THE L. NETHERLY,ABSTRACT NO. 962TOWN OF PROSPER, DENTON COUNTY, TEXASOWNER:PROSPER VILLAGES AT LEGACY LLC10950 RESEARCH ROADFRISCO, TX 75033CONTACT: CRAIG CURRYPHONE (214) 387-3993EMAIL: CCURRY@TXLANDRESOURCES.COMENGINEER/APPLICANT:KIMLEY-HORN AND ASSOCIATES, INC.2600 N CENTRAL EXPRESSWAY, STE. 400RICHARDSON, TEXAS 75080CONTACT: SHAY HUFFMAN, P.E.PHONE: (972) 770-1300EMAIL: SHAY.HUFFMAN@KIMLEY-HORN.COMOWNER:LEGACY PRAIRIE SE LLC2720 WOOD VALE DRPROSPER, TX 75078CONTACT: SAMBA SIVA RAO KANNEGANTIPHONE: (972) 310-2265EMAIL: RYCBRANS@GMAIL.COMVICINITY MAPSCALE: 1" = 2,000'SITEFISHTRAP ROADHIGHWAY 380LEGACY DRIVE NOTES1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS NOTED OTHERWISE.2.ALL RADII ARE 3' OR 10' UNLESS NOTED OTHERWISE.3.FIRE LANES SHALL BE PROVIDED IN ACCORDANCE WITH THE PROSPERREQUIREMENTS AND SHALL HAVE A MIN. INSIDE TURNING RADIUS OF 30'.4.FIRE HYDRANTS SHALL BE PROVIDED IN ACCORDANCE WITH PROSPERREQUIREMENTS AND WILL BE LOCATED IN A 10'X10' WATER EASEMENT.5.ALL STOP SIGNS TO BE INSTALLED AT LEAST 4-FT FROM SURFACE UTILITYSTRUCTURES.PROSPER STANDARD NOTES1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER.3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OFPROSPER.4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THEAMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT,ADOPTED BUILDING CODE.5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S)IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LANDUSE AT THE TIME F CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEESAND/OR PARKING REQUIREMENTS.7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2)YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING &ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED ANDRECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITEPLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLANAPPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY,THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULLAND VOID.8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACESHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDINGFOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTIONPOND*PROPOSED FIRE LANE PAVEMENTPROPOSED PRAIRIE DRIVE PAVEMENTPROPOSED EASEMENT LINEEXISTING CONTOUR635BUILDING SETBACKEXISTING EASEMENT LINEHEADWALLHWEXISTING FIRE LANE PAVEMENTLANDSCAPELSPage 295Item 20. Frontier South Block A, Lots 1-3 (DEVAPP-24-0128) Page 296 Item 20. Information Purpose: •Construct two restaurant/retail buildings and one retail building totaling 62,730 square feet. •Lot 1 –Restaurant/Retail Building (12,400 SF) •Lot 2 –Restaurant/Retail Building (29,700 SF) •Lot 3 –Retail Building (20,630 SF) * No Frontage Onto Public ROW * History: •Approved conceptual plan in Planned Development-116 showed four lots with two lots not having frontage onto public right-of-way. Page 297 Item 20. Information Cont. Screening: •Living screen proposed along southern boundary of Lot 2 due to adjacency with a lot being zoned single-family (Prosper United Methodist Church). •Comprised of either American Pillar Arborvitae or Carolina Cherry Laurel trees. •Details for the living screen will be provided with the site plan for Lot 2. Conditions of Approval: •Creation of Property Owner’s Association (POA) prior to the recordation of a plat to subdivide the property. •Town Council approval of a waiver of lot frontage along a public right-of-way for Lot 3.Page 298 Item 20. Page 299 Item 20. Page 300 Item 20. Page 301 Item 20. Page 302 Item 20. Westside Addition Block A, Lot 18R (DEVAPP-24-0135) Page 303 Item 20. Information Purpose: •Construct two restaurant/retail buildings totaling 23,075 square feet. •Building 1 –Restaurant/Retail Building (10,125 SF) •Building 2 –Restaurant/Retail Building (12,950 SF) History: •Approved conceptual plan in Planned Development-94 showed similar configuration of Lot 18R. Page 304 Item 20. Page 305 Item 20. Page 306 Item 20. Page 307 Item 20. Page 308 Item 20. Victory at Frontier Block A, Lots 1, 3, 4, 5, 7, 8, & 9 (DEVAPP-25-0014) Page 309 Item 20. Information Purpose: •Construct two restaurant/retail buildings, one health studio, parking, and open space with a building area totaling 139,165 square feet. •Lot 3 –Health Studio (105,800 SF) * No Frontage Onto Public ROW * •Lot 5 –Parking (7-Eleven) •Lot 8 –Restaurant/Retail Buildings (33,365 SF) •Lot 9 –Open Space (Floodplain) * No Frontage Onto Public ROW * Page 310 Item 20. Information Cont. Inclusion of Additional Lots: •The following lots are included in the preliminary site plan as they are being altered by the new development. •Lot 1 –Point of Access to Lot 3 (Health Studio) •Lot 4 –Point of Access to Lot 3 (Health Studio) •Lot 6 –Boundary Adjustment Page 311 Item 20. Information Cont. History: •A revised preliminary site plan (D21-0064) was approved by the Planning & Zoning Commission on September 21, 2021. •Lot 3 –Singular Lot (Lots 3, 5, and 8) •Lot 5 –Alternate Boundary Configuration •A site plan for Lot 5 (DEVAPP-24-0095) was approved by the Planning & Zoning Commission on September 3, 2024. •Boundary matched expired preliminary site plan (D21-0064). Page 312 Item 20. Information Cont. Conditions of Approval: •Town Council approval of a waiver of lot frontage along a public right-of-way for Lot 3. Page 313 Item 20. Page 314 Item 20. Page 315 Item 20. Page 316 Item 20. Page 317 Item 20. Page 318 Item 20. Page 319 Item 20. Prosper Center Block A, Lots 10-11 (DEVAPP-25-0041) Page 320 Item 20. Information Purpose: •Construct two restaurant/retail buildings and one medical office building totaling 38,855 square feet. •Lot 10 –Medical Office (16,655 SF) •Lot 11 –Restaurant/Retail Buildings (22,200 SF) History: •A preliminary site plan (DEVAPP-24-0033) was approved by the Planning & Zoning Commission on May 21, 2024. •Lots 10-12 –Three Lots (Lots 10-11) •Shared fire lane between Lots 10-11 converted into a drive aisle. Page 321 Item 20. Page 322 Item 20. Page 323 Item 20. Page 324 Item 20.