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12-14 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 12 -14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT REGARDING PLAYGROUND IMPROVEMENTS TO PARKLAND ADJACENT TO COCKRELL ELEMENTARY SCHOOL, BY AND BETWEEN THE PROSPER INDEPENDENT SCHOOL DISTRICT AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Development Agreement regarding playground improvements to parkland adjacent to Cockrell Elementary School between the Prosper Independent School District (PISD) and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 28th day of February, 2012. Ray mith, ayor • + °•• vay 'J u 1 • � .4111#01111 101� ®~ ATTEST TO: INTERGOVERNMENTAL JOINT USE AGREEMENT This Intergovernmental Joint Use Agreement ("Agreement") is made and entered into this -,2�`dav of "0,12012, by and between the Town of Prosper, Texas, a municipal corporation organized under laws of the State of Texas ("Town"), with the authorization of its governing body, and the Prosper Independent School District, a political subdivision of the State of Texas ("District"), with the authorization of its governing body (collectively referred to as the "Parties"). WHEREAS, the Town owns real property within the corporate limits of the Town containing 8.42± acres, more or less, described as Whitley Place, Phase Three, Block B, Lot 5X as shown on the attached Exhibit "A" ("Neighborhood Park"); WHEREAS, the Property is adjacent to Cockrell Elementary School, as shown on the attached Exhibit "A" ("School"); WHEREAS, the District has determined that an additional playground facility ("Playground") is needed for use by the students at the School; WHEREAS, there District has determined that space for the Playground is best located on Town property; WHEREAS, the Town has determined that space for the Playground is available on the Park Property; WHEREAS, the Parties recognize the public interest of developing a Playground on the Park Property, adjacent to the School. An exhibit showing the Playground on the Park Property subject to this Agreement is attached hereto as Exhibit "B". WHEREAS, Town and District recognize that the taxpayers of each entity are best served by the maximum utilization of the Park Property and Playground, thereby minimizing the need for costly duplication of similar facilities; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Term. a. Primary Term. The primary term of this Agreement shall be for twenty (20) years, commencing on the Effective Date and, unless renewed according to the terms set forth in 1(b) below will terininate on the of March, 2032. C90 b, Renewal. The -primary term of this Agreement may be extended by written agreement by both Parties for five (5) year periods upon the same terms and conditions as set forth herein or as amended. In order for the primary term to be extended for a renewal term, District must notify Town, in writing, of its desire to extend the Agreement for an additional five (5) year period. Such notice must be Page 1 of 7 given sixty (60) days prior to the expiration of the primary term or any five (5) year extension thereof. District will, after Town gives such notice, have thirty (30) days in which to notify Town of its agreement to extend the term of the Agreement. If District fails to notify Town in writing, of its agreement to extend any given term of the Agreement, the Agreement will expire as provided for herein. 2. Obligations. A. Obligations of Town. i) Town shall give the District a maximum of $32,500.00 to assist in the construction of the Playground. Upon development of the park location with improvements other than parking facilities and said playground, the District shall submit a written request to the Town for payment. The Town shall submit payment to the District within thirty (30) days of receiving notice. ii) Town shall permit the construction of the Playground on the Park Property. At such time as the Town proceeds with full development plans for the Park Property, those plans shall reflect the Playground locations. B. Obligations of District. i) The District shall construct the Playground. The total installed cost of such Playground, including the Town's $32,500.00 payment, shall be equal to or greater than $75,000.00. ii) The Playground shall be located on the Park Property near the School, as depicted on attached Exhibit B. The final location of the Playground shall be approved by both Town and District staff: C. Joint Obligations of the Parties. i) Upon completion of construction, the District shall be responsible for one hundred percent (100 %) of all costs and responsibilities associated with the maintenance, repair and operation of the Playground. The District may, as necessary, employ contractors or subcontractors to perform maintenance and repair work and shall be responsible for such repair and maintenance costs. ii) The Town and District shall grant a right of mutual access to the Playground. Page 2 of 7 3. District Use of Playground. During the term of this Agreement, District shall have exclusive use of the Playground during school hours and for District sponsored events. Outside of school hours and District sponsored events, the Playground shall be open to use by the general public for public recreation. 4. Rules and Regulations. Town and District recognize that District has adopted certain rules and regulations covering the use of the Playground and the conduct of persons at or on such Playground, which rules may be amended from time to time at District's sole discretion, in order to ensure the continued and uninterrupted operation of the Playground and the safety of all users. District agrees that it will notify Playground users of the rules and regulations promulgated by District relating to such Playground. Third party users that fail to comply with the rules will be suspended from use of the Playground until District and Town receive written assurances the rules will be followed in the future, and both Parties mutually agree that the suspension from use will be lifted. Additionally, Town may adopt and enforce ordinances in conjunction with District's rules and regulations. A. Use of Playground i) Town and District shall use the Playground only for the purposes outlined in this Agreement. ii) Town and District shall not use, or permit the use of, the Playground in any manner that results in waste of the Playground or constitutes a nuisance. Nor shall Town and District use, or permit the use of, the Playground for any illegal purpose. iii) Town and District shall comply with all governmental laws, ordinances and regulations applicable to the use of the Playground, and shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances and other activities in or upon, or connected with the Playground. iv) To the extent any alterations to the Playground identified in this Agreement, subsequent to completion of construction of the Playground, are required by the ADA or other applicable laws or regulations, District shall be responsible for one hundred percent (100%) of the expense of the alterations. v) Any sips installed by Town and District on the Playground must conform to applicable laws, deed restrictions on the Playground, and other applicable requirements. B. Liability i) Town shall not be liable for any damage or injury to the persons, business (or any loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise or other property of District, District's employees, invitees or licensees, whether the damage or injury is caused by or results from: (a) fire, steam, electricity, Page 3 of 7 water, gas or wind; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising on or about the Playground or upon other portions of any building of which the Playground is a part, or from other sources or places; or (d) any act or omission of the District. Town shall not be liable for any damage or injury even though the cause of or the means of repairing the damage or injury are not accessible to District. Town does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. ii) District shall not be liable for any damage or injury to the persons, business (or any loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise or other property of Town proximately caused by the intentional misconduct or negligence of Town, its employees, officers, or agents after the effective date of this Agreement. District does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. C. Compliance with the Law. Parties will insure that all operations and vendor or concessionaire activities will comply with applicable federal, state and local laws. District and Town will not be responsible for the compliance of third parties with this provision. D. Maintenance and Surrender. i) District shall, at all times, keep the Playground in good order, condition and repair, ordinary wear and tear excepted, including, but not limited to, maintenance and repairs as provided in this Agreement. ii) Town, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of Federal, State, county and municipal authorities pertaining to Town's use of the Playground and with the recorded covenants, conditions and restrictions, regardless of when they become effective, including, without limitation, all applicable Federal, State and local laws, regulations or ordinances pertaining to air and water quality, Hazardous Materials waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and with any direction of any public officer or officers, pursuant to law, which impose any duty upon Town with respect to the use or occupancy of the Playground. Any costs for compliance shall be shared by both parties on a 50-50 basis. 5. Incidents. All accidents to persons or damage to the Playground shall be reported by the party receiving the report of the accident or damage to the other party verbally within twenty- four (24) hours, verbal notice may include leaving a voice mail message at the contact Page 4 of 7 numbers identified in paragraph 9 below, and in writing within three (3) business days from the date of such accident or damage. 6. Insurance. A. Liability Insurance. Each Party hereto shall maintain during the term of this Agreement a general liability insurance policy covering damages arising out of personal or bodily injury or death and damage to property, including the loss thereof, occurring on or in any way related to the use of the Playground covered by this Agreement, with limits of not less than one million dollars ($1,000,000.00) dollars annual aggregate limit or five hundred thousand ($500,000.00) dollars single limit per occurrence annual aggregate. Such insurance policy shall provide that the insurer shall give not less than thirty (30) days prior written notice of the cancellation thereof to the other Party. Each Party shall give the other Party evidence of such insurance coverage within thirty (30) days from the execution date of this Agreement. B. Property Insurance. Town shall maintain property damage insurance on the Park Property. 7. Default. Failure of a party to abide by any of the terms and conditions of this Agreement shall constitute an Event of Default. In the event of a non - monetary default, the non - defaulting party shall notify the defaulting party of such event of default in writing. If the non - monetary event of default does not involve the safety of person or property, in the sole determination of the non - defaulting party, the defaulting party shall have thirty (30) days from the date of notice within which to cure the default; or if the default is not susceptible of being cured within such thirty (3 0) day period, the defaulting party shall have ten (10) days from the date of notice to commence cure of the default and shall continuously and vigorously pursue the same to completion. If the non - monetary event of default involves the safety of person or property, in the sole discretion of the non - defaulting party, the defaulting party shall have twenty -four (24) hours within which to cure such default, failing which the non - defaulting party shall have the right to suspend the defaulting party's right to use the Playground until the default is cured. In the event of a monetary default or a non - monetary default which has not been cured within the time set forth above, the non - defaulting party shall have the right to immediately terminate this Agreement. 8. District Board and Town Council Approval. This Agreement is entered into by District pursuant to a resolution passed by its Board of Trustees dated , 2012, authorizing the Superintendent to execute the same on behalf of the Prosper Independent School District, and by Town pursuant to a resolution Page 5 of 7 passed by its Town Council dated 2 -/,) 2012, authorizing the Mayor to execute the same on behalf of the Town of Prosper. 9. Miscellaneous Provisions. A. Notices. Any notice required or permitted under this Agreement shall be given when actually delivered or when deposited in the United States mail as certified mail addressed as follows: To District: Prosper Independent School District Superintendent P. O. Box 100 Prosper, Texas 75078 Telephone: 972-346-3316 Facsimile: 972 -346 -9247 To Town: Town of Prosper Town Administrator P.O. Box 307 Prosper, Texas 75078 Telephone: 972 - 346 -2640 Facsimile: 972-347-2304 B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either the Town or District. F. Non - Transferable. Neither party hereto shall sublet, transfer or assign any of its rights hereunder to a third party. G. Cumulative Remedies. All rights and remedies of Town and District under this Article shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of the Agreement. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. Page 6 of 7 H. Waiver of Breach. A waiver by either Town or District of a breach of the Agreement by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the Parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. J. Legal Construction. In case any one or more of the provisions contained in the Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and the Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. K. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of the Agreement shall 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. L. Amendment. No amendment, modification, or alteration of the terms of the Agreement shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and duly executed by the parties to the Agreement. M. Force Majeure. Neither Town nor District shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of Town or District and which by the exercise of due diligence Town or District is unable, wholly or in part, �9 prevent or overcome. Attest: ol Amy Piukan , Town Secretary t _ � o _ o o' Mike'Lar�', Town anager Date: Z L � /?� PROSPER INDEPENDENT SCHOOL- DISTRICT � By- Dr-eiv_Watkins, Superintendent Date: 3 • ) " t 2- Page 7 of 7 To: Mayor and Town Council PARKS & RECREATION From: Wade Harden, Senior Parks and Recreation Planner Cc: Mike Land, Town Manager Hulon T. Webb, Jr., P.E., Director of Development Services /Town Engineer Re: Town Council Meeting — February 28, 2012 Date: February 23, 2012 Agenda Item: Consider and act upon Resolution 12 -14 an agreement with the PISD to share the costs for the development of a playground in the future park location west of Cockrell Elementary School. Description of Agenda Item: The Prosper Independent School District (PISD) is in the process of constructing. Cockrell Elementary School, which will be open for students in the fall of 2012. The PISD has asked Town staff if it has an interest in sharing the cost for the development of a playground in the park location west of the school. The Town has entered into a similar agreement for the construction of a playground at Folsom Park and has drafted a similar agreement. This agreement allows the PISD to construct the playground on the park site and the Town will reimburse the PISD a maximum dollar amount not to exceed fifty percent (50 %) of the construction cost of the improvement estimated at $75,000 (1/2 = $37,500). The Town will be responsible to reimburse the PISD within 24 months of the construction being completed. The PISD will be utilizing Town specifications for the construction and will be responsible for 100% of the maintenance of the playground. Budget Impact: The reimbursement to the PISD is recommended to be funded from the collection of Park Improvement Fees over the next 24 months. Legal Obligations and Review: Town staff prepared this agreement using the Town Attorney approved Intergovernmental Joint Use Agreement that was used for Folsom Elementary School. Attached Documents: • Intergovernmental Agreement • Playground Vicinity Map Parks and Recreation Board Recommendation (PARBd): At the February 9, 2012 PARBd meeting, the Board motioned to approve the agreement as drafted. The motion was approved by a vote of 5 -0. Page 1 of 2 Town Staff Recommendation: Town staff recommends the Town Council 1) approve Agreement with the Prosper Independent School District; authorizing the Town Manager to execute the same. Page 2 of 2 the Intergovernmental Joint Use and 2) adopt Resolution 12-14 POINT OF z' v Aa A., BECINNWO 'el wur PROSPER TRAIL IM -M oLxo , / (,o0' WDE RIr,�T- of -WAY) ppe,,. as �xE AasmACr � SB958'25'E 671.82' eesRo I__________ 1 I wI. vc aozR / w ,aw, vc x I Ieea , I / BLOOX B, LOT 5% ]QB,61N1 SQIIARE iFET NATO "DmI00D PMN ROSPE lEO ____i ����• /� mTIE TOeN aPR GRAPHIC SCALE - - -- , 9 4 y� _ �(m ie> m ' ��' 2 W �w4`"i♦ N306.3l 208.24' aP a A vww �♦N x 2o- i d• �lo J \� A R- 275.00' ChB -N19Y / 509'W Ch- 183.80' LEGEND aow RIGHT -OF -WAY k I% IRON ROD FOUND ACRES \\ d of DRAINAGE EASEMENT f� 1 1 1 1 I I♦ I I I I I I I I I I - _1.1 AA aNp I A I xTwvxx cnrt..uxc ox zroz rrLCnw I oac xP zoceos,.wo,R,lsao �\ Y` DCC. NO.E t�20R>j 12-1 I ' 1 olTw+nwL.eAitoTo �(:noG Aal I I \ `° ; T. / is w 4� is o x 2o- i d• �lo J \� A J^ d is w IcouxYST —m) LOCATION MAP m °s ©�asas� m CUR. TABLE DELTA RADIUS MR— I TANGENT I CHORD BEARING NOTE. I. 'NOTCp sELLNO A PDRTOI OF THIS ADDITOI BY METES AND BOUNDS IS A NOATON OF TOT ORDINANCE AND STATE LAW AND 15 SUBJECT TO FINES AND MITI —NG OF UTUTIES AND BUILDING PERMITS.' ARE OHE -HAIP INCH IRON RON RODS WTI A YELLOW CAP STAMPED 'JBL' 3. NEIGHBORHOOD PARK AS DEFINED IN 2007 PARRS. RECREATON A SPACE MASTR PUN, PARAGRAPH 32 (F_U"S) OTICE: A CON—A NCE PLAT IS A RECORD OF PROPERTY APPROVED BY THE TOM OF PROSPER. FOR THE PO SE O' SALE OR CONVEYANCE IN ITS ENTIRETY OR INTERESTS TIEREON DEFINED. BUILDING BE NO DING PERMIT SHA ISSUED NOR PERMANENT PUBLIC UTILITY SERNCE PROVIDED uNDL A FINAL PLAT IS APPROVED. IT— OF RECORD AND MBLIO PROVEYENTS ACCEPTED IN ACCORDANCE MEN THE RROMSIONS OF THE 91BDINSON ODIINAN F THE TOMN OF PROSPER SEWNC A AOOITON BY METES AND BOUNDS 15 A wdA1ION OF TOWN ORDNANCE A10 STATE LAW AND IS SUBJECT TO PINES AID MTHHO.DIND OF UTIUTES AND BUILDING PERMITS' s' X x W D CONVEYANCE PLAT WHITLEY PLACE, PHASE 3 € BLOCK B. LOT 5X 8.418 ACRES OUT OF THE w LARKIN MR:CARTY SURVEY, ABSTRACT NO. 800 ° TOWN OF PROSPER, COWN COUNTY, TEXAS CLARK PARTNERS, LP. OWNER 16250 Oallae Parkway, Suite 210 (872)931 -8871 Ddlas, Tevae 75248 9 JBI PARTNERS, INC. PLANNER/SURVEYDR/ENGINEER 3 16301 Ouamm DrIm Suite 200 B (972)248 -7678 Addison, Texae 75001 MAY 24, 2012 Shell 1 of 2 a —Al CESCR WHEREAS. CL BECNNING at a one —half Not rod found of the --t came of ;ed 119.453 acre trod of land, Bald pool being n Me south right —I —way INe of Pm A, Thea (0 1011 hot wide right —of —way), said point bet 9 n set h of a .- 21 649 a e tract of Imde -eyed to «old P39in .n0 Patina in o speoal von reco in Vdume 92, Pugen�165. uC_ County OF., F.IP"., y THENCE South 89 dew' ea 56 minutes n5 ;e' «d; hart, 571 52 MY Ii.g th Tnorth In for .aH t—t 1ncM1S51ro o ed laund a —1121 an act of rlmd lowed to Phospe 2006mdml School D et kt In manly dxld rewrded n Dercummt Number T20ID01)24490, calm Co Revdr, THENCE South W degrees 15 mnutea 15 em «de Ea JOB 10 fxl along Ilia west Ime of said 12.17 t. THENCE —h —�ely. .187141 lee ,b m rveeto Mel"" Hllcll has a cmlral angle of 39 degrees N ml,uglea 48 aecmda a rad'eA 1 275 0 th eegleee 47 minotx OM mconde Went, t18360 bet to a ens —hall Inch Yon rod vet far THENCE Nosh 39 degrex IB We1L 20821 feet to er In Me south Ina a 31J0 b e A Light C«npmyn aaemmi oe recorded n Vdume 805, Page 425. OPIN, ly peed TFeceds,w THENCE Se' 50 degrees 41 m e. 27 seconds Il H, 61200 feel Nlma Me — III, of lla Tense Power A LIpYt C« y easement to o —If — I rod sat f« ca e N N. wart F. 01 able 1 j 15} acre tract of land and In Me Boat Imo of mid 21 649 a«e treat of land, THENCE 119 45, N «M 00 degrees 38 minutea 10 secenda wear, 781 62 feet I-a M. .art Ilse of veld rs eact of land and deny Me eavt lino ai A.M 21.649 acre tract of land to Me PONT OF BEGINNING ontl cmtening 366,696 eaters feet « 8418 acres of land NOW. THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT CLARK PARTNIAS, LP acting h— by and through iH, duly ouMo — off, «a, d— hasty ,artily and adapt the plot deelgnetmg th ed prepety oe WHITLEY PLACE, PHASE 3; BLOCK B, LOT 5X, a dltion to the Tom of Prosper, and does b�eby dedl ate to Me p.hk use I«ever, Me street. and dley. shown the Band CLARK PARTNERS. LP doe; h—fil certify the IIII -ng: 1 The atreela .red .Ilan ore dad -d for street and o ey P.T .e.. 2. NI Publk Improvement, ontl detllcall.n; shall he frxlland c of all debt, hb and /« en 3 Thew mint¢ and public use areas, as Hl.m, are de Ild rl« the Public use I «ever hl tlabpurpoae; Indicated m NM. Dial a b -Ill., 1m a, —A P, other Im venmt. or gro.Ma shell be con clad « placed upon, o r « shown, except Nat landscape mprovemmle may be plxaden landscape easement; If opDrowd by r the To roof Proape.a 5 The Tem of Pleeper Is net reyonable far replecing any IlIlIP menee n, under, or — any ea.emenlx caused by 6 mn'llty or rromr. UWdy saxmenle mar oleo be .sea /« ine — 1 . ana ac 11111— Nbon of all Dtblic tblhe. de;irimg to tae « thing Ma win unless the veil Ilmlb f. use to particular utAllros. saW use by Wbl¢ ublifea Deng wD «tlmale to the ,. T. a and Town of ProeDer'c tee Merebl. J The Town of Prosper and publlc uNlTh.. shall have tM1 ,ght Io x and keep re d o « Darts of any builENga, fences, tr o, growth; — may n any way mdangel P, mlmfele .ah Me a Th. Tow of Pro,pa� drpublm eutllhti a ,ball at as bin n;t If ll,, and agree IhAl reapectne em mla f« Me pumox of conatructNg, re meW Iing �inapectng, Potrollina, mainlalningheading mete;. and adding Io P, emoting all « port; of Mcir reaP.— ,y;tema ..hoot ine nmes.1ty at o y e P bcv 1 Pero.. ;log from all - 9 All mediRCatima to Mn document shall b by sins of plot ld pproved by Me Town of Proepe Thle Diet eppoved subject to ail pla-, «dinmcea, rules, regulaTOne and reaolu<ima of Me Tom of Prosper, Tesa;. WHTHESS, my hand, NO, the — day of 2032. CIARK PARTNERS, LP. I I.— I'ml4d partnenblp WOO wnIIlly Place, GP, Inc, I Tense comoratbn, Ile gmmal Partner STATE OF TEXAS 4 COUNTY OF DALLAS 4 BEFORE ME, Ma untlenigned, a Notary Public n and for The Stale ei Texan, o ay personally appeared Ja ea A Ruaael, Yce Preaw -t. known I. me to be Me person and 118,11 w ¢111, 1llbed to «egemg Instrument, a III, .Weal to that he exewted ine same I «bMe Pumaaaa and c «.iderPllan;f Mmein evpre;xd and In the It'lcIty Mweln Hated, e QVEN UNDER MY HAND AND SEAL OF OFFICE thiv Me day of 2012 9JNVEY0115 GERTIFO- K.— All Mm By t— P—A Tn1 I, Dan B Ramxdy. do — ya—IlyMal 1 ep«ed Mla ill and tM1 art y of tFa la and toot the can o.nptneem m per.enai xp nmm, n boa «am,e silo memsealwmiaamtAep,latlan. ae Me Tom of tee. Dated this Me day If 2012 O« a Remxy N P L 5. N. 4172 STATE of TEXAS 0 Owl OF —N BEFORE ME, the undemgned, a Notary Public in a e for Slate o tease an t M day Peaonally 1we�ed — B. R«nxyd, mHiadm and o same 1« the p moue and Ma crosideMibnn Mmen eeDreeeed and N the c N1.1 htnerNn uefated NN y Ic, State of T..aa CERTFICATE OF APPROVAL Approved MI. day of 2012 by the Planning t 7—M C1—h— of Me Tawn of Proep «, Tense CONVEYANCE PLAT VVHITLEY PLACE, PHASE 3 BLOCK B. LOT 5X 6.616 ACRES OUT OF THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600 TOM OF PROSPER, COLN COUNTY, TEXAS CLARK PARTNERS, LP. OWNER 16250 0,11- Parkway, Suite 210 (972)931 -8971 O.N.. Texas 75246 JBI PARTNERS, INC. PLANNER/SURVEYOR/ENGINEER 16301 Quorum Drive, Suite 200 B (972)246 -7676 Addlixal Texas 75001 EXHIBIT "B" HANDICAP 1 RAMP BENCH W/ TRASH 4'1 WALK RECEPTACLE 1 PLAYGROUND EQUIPMENT BY OTHERS o O �� 1 12" WIDE CONCRETE HANDICAP RAMP 1 PLAYGROUND EDGE 1 \ A \ I PLAYGROUND EQUIPMENT \BY OTHERS \ ADA ACCESSIBLE 1 BENCH 1 \� I / \ I / * TOWN TO PA Y FOR AND INSTALL PARK BENCH (2) & TRASH RECEPTACLE (1). TOWN WILL MAINTAIN BENCHES & TRASH RECEPTACLE AND SERWCE TRASH. PISD TO MAINTAIN SIDEWALK. 5' n--�ENI MME1 I MEMO 0 go N i CH RISTOPHER T / CH .. S ..... 91150 0T- !CENSE� � 111 s : � SCALE TEAGUE NALL AND PERKINS TOWN OF PROSPER, TEXAS H"CO1. PROSPER INDEPENDENT SCHOOL DISTRICT SHEET NSA 17804 Preston Road. Suite 1340 CYNTHIA COCKRELL ELEMENTARY DATE //V C. Dallas. Texas 75259 SCi.11 P o n s :(214)481 - 9887. F. x:(214) 4 9 1 -9884 PLAYGROUND — PAVING JUNE 2012 TBPE N.Otlfw*. Na F -290 ww w. tn9 -o n l l ns.e om