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02.10.26 Town Council Regular Meeting Agenda PacketPage 1 of 5 ] 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. 1. America 250. (DFB/TR) Presentations. 2. Recognize Cindy Slate, Wally DesChamps, Kurt Beilharz, and Chief Kowalski for their years of service. (TL/GL/DB/MC) 3. Recognize the Finance Department for receiving the Annual Comprehensive Financial Report (ACFR) Certificate of Excellence award. (RBS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 10, 2026 6:15 PM Page 1 Page 2 of 5 CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 4. Consider and act upon the minutes of the January 13, 2026, Town Council Work Session meeting. (MLS) 5. Consider and act upon the minutes of the January 13, 2026, Town Council Regular meeting. (MLS) 6. Consider and act upon the minutes of the January 28, 2026, Town Council Work Session meeting. (MLS) 7. Consider acceptance of the December monthly financial report for fiscal year 2026. (CL) 8. Receive the Quarterly Investment Report for the First Quarter. (CL) 9. Consider and act upon a Resolution appointing a member of the Prosper Town Council to the North Central Texas (NCT) Regional 9-1-1 Emergency Communications District Board of Managers. (MLS) 10. Consider and act upon an Ordinance ordering a General Election to be held on May 2, 2026, for the purpose of electing Councilmember Place 3 and Councilmember Place 5; designating the location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. (MLS) 11. Consider and act upon a Resolution authorizing the Town Manager, and/or his designee, to apply for and accept (upon award) the Office of the Governor’s Public Safety Office Rifle-Resistant Body Armor Grant Program, FY2027, and to take any and all actions relating thereto. (DK) 12. Consider and act upon ratifying an expenditure to Maya Underground Construction for the repair of a 12” water line at Dallas Parkway and Frontier Parkway in the amount of $180,670. (CJ) 13. Consider and act upon an Ordinance replacing existing Section 12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration.” (HW) 14. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related to construction services for the Prosper Downtown Parking Lot and Alley Improvements project in the amount of $347,731 and authorize $50,000 for construction phase contingencies. The total purchase order amount is $397,731. (PA) 15. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Stantec Consulting Services Inc., and the Town of Prosper, Texas, related to the design of an emergency traffic signal on First Street at Fire Station #3, a pedestrian hybrid beacon on La Cima Boulevard at Page 2 Page 3 of 5 Arrowhead Drive and a pedestrian hybrid beacon on Coit Road at Rogers Middle School for $232,500. (HW) 16. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. (HW) 17. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of a water line along Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. (HW) 18. Consider and act upon an Ordinance to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. (ZONE-25-0012) (DH) 19. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Prosper Trail Commercial, LP and the Town of Prosper relative to Prosper Flex Park. (DEVAGRE-25-0005) (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 and 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. Conduct a Public Hearing and consider and act upon a request to rezone J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres from Agricultural to a Planned Development for Single-Family Residences, located on the north side of Prosper Trail and 855± feet west of Legacy Drive. (ZONE-25-0006) (DH) 22. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-06-B to MSF Hospitality, related to construction services for the Prosper Downtown Monumentation Phase 1 project in the amount of $553,402, and authorize $50,000 for materials testing and construction phase contingencies. The total purchase order amount is $603,402. (RB) Page 3 Page 4 of 5 23. Consider and act upon authorizing the Town Manager to execute Change Order No. 5 for installation of a well and electrical service to Dean Construction in the amount not to exceed $1,757,450 for Raymond Community Park. (DB) 24. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-04-B to Mario Sinacola & Sons Excavating, Inc., related to the First Street Reconstruction (DNT-Coleman) project for $20,793,934.72 and authorize $500,000 for construction phase contingencies. The total purchase order amount is $21,293,934.72. (LH) 25. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the First Street Reconstruction (DNT-Coleman) in the amount of $408,815. (LH) 26. Consider and act upon authorizing the Town Manager to execute a Grade Crossing Construction and Maintenance Agreement between BNSF Railway Company, and the Town of Prosper, Texas, related to the signal and surface improvements as part of the First Street Reconstruction (DNT-Coleman) project in the amount of $1,621,509. (LH) 27. Consider and act upon an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances. (DB/DLH) 28. Discussion regarding the Town’s Roundabout Policy. (HW/RG) 29. Discussion regarding the Unified Development Code. (DH) 30. 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. Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. 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, and the Downtown Advisory Committee, and all matters incident and related thereto. Page 4 Page 5 of 5 Section 551.071 – Consultation with the Town Attorney regarding legal issues associated with Article 1.02 of the Town Code of Ordinances and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney to discuss legal issues associated with any Work Session or Council Meeting agenda item. 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 Wednesay, February 4, 2026, and remained so posted at least three (3) business days 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 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 5 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:34 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Marcus E. Ray Councilmember Jeff Hodges Councilmember Cameron Reeves Council Members Absent: Councilmember Craig Andres Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Hulon Webb, Engineering Director David Hoover, Development Services Director Stuart Blasingame, Fire Chief Shaw Eft, Assistant Fire Chief Todd Rice, Communications Director Kaylynn Stone, Special Events Manager Angela Lewis, Event Specialist Ryan Pasko, IT Specialist II Doug Kowalski, Police Chief Tom Davis, Assistant Police Chief Items for Individual Consideration: 1. Receive an update regarding Pride in the Sky. (KS) Ms. Stone presented an update of the event including the scope of services provided by Cedarbrook Media and the Town. The proposed services were reviewed by the Community Engagement Committee with recommendation(s) to add more detailed timelines within the contract and to eliminate the flat fee paid by the Town. Staff is requesting direction on the proposed recommendations. Mr. Canizares elaborated on the flat fee, which was historically a cost paid for Police Department Services. The Town Council discussed if the Town would be receiving a percentage of sales, consistency of the contract compared to other events, special event permitting and MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, January 13, 2026 Page 6 Item 4. Page 2 of 2 the requirements needed with submittal, insurance requirements and timeline, and any associated penalties within the terms of service. The Town Council agreed to eliminate the flat fee, but requested staff to communicate that the fee be used towards expanding the event, and explore what other municipalities do regarding insurance for special events. 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 551.089 - To deliberate security information collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity, pursuant to Section 2059.055 of the Texas Government Code, 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, and the Downtown Advisory Committee, and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. Reconvene into Work Session. No Executive Session took place. Adjourn. The meeting was adjourned at 6:00 p.m. These minutes were approved on the 27th day of January 2026. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 7 Item 4. Page 1 of 7 ] 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 Marcus E. Ray Councilmember Jeff Hodges Councilmember Cameron Reeves Council Members Absent: Councilmember Craig Andres Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Hulon Webb, Engineering Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Dan Baker, Parks and Recreation Director Kurt Beilharz, Assistant Parks and Recreation Director Trevor Helton, Recreation Manager Leigh Johnson, IT Director Ryan Patterson, Assistant Finance Director Stuart Blasingame, Fire Chief Shaw Eft, Assistant Fire Chief Todd Rice, Communications Director Kaylynn Stone, Special Events Manager Ryan Pasko, IT Specialist II Doug Kowalski, Police Chief Tom Davis, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Brad Wilkerson 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: MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, January 13, 2026 6:15 PM Page 8 Item 5. Page 2 of 7 The Visual Arts of Prosper is holding an art show in the Town Hall lobby through Friday, January 23. The show is free to the public and open during normal business hours (8 am to 5 pm). Come by to view art by talented local artists in Prosper. A reminder that Town offices will be closed Monday, January 19 for the Martin Luther King Jr. Holiday. There will be no trash service delays due to the holiday. Join Mayor Bristol and Prosper ISD Superintendent Dr. Holly Ferguson for the State of the Community hosted by the Prosper Chamber of Commerce and presented by Cook Children’s Health on Thursday, January 22 from 11:00 a.m. to 1:00 p.m. for a year-end recap and what exciting things are ahead in 2026. Citizens may register for the event at prosperchamber.com. Presentations. 1. Recognize the 2025 Mayor's Fitness Challenge participants. (TH) Mr. Helton presented the item with an overview of the 2025 Mayor’s Fitness Challenge including the number of participants and hours completed. Mr. Helton announced the 2025 overall winner is Karim Charaniya. 2. Recognize members of Prosper Fire and Rescue Department for the Life Saving efforts. (SB) Chief Blasingame and the Medical Director for Prosper recognized the efforts of members of the Prosper Fire and Rescue Department for their life saving efforts. 3. Recognize the Prosper Police Department for receiving the Law Enforcement Recognition Program re-designation by the Texas Police Chiefs Association (TPCA). (DK) Jake Sullivan with the Texas Police Chiefs Association presented to Propser Police Department their redesignation for Best Practices. 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. 4. Consider and act upon the minutes of the December 9, 2025, Town Council Work Session meeting. (MLS) 5. Consider and act upon the minutes of the December 9, 2025, Town Council Regular meeting. (MLS) 6. Consider acceptance of the November monthly financial report for fiscal year 2026. (CL) 7. Consider and act upon authorizing the Town Manager to execute a Service Agreement between the Town of Prosper and Off Broadway Productions, LLC, for the Downtown Block Party in the amount of $30,000 plus additional in-kind contributions. (TR) Page 9 Item 5. Page 3 of 7 8. Consider and act upon approving Resolution 2026-01 and Resolution 2026-02 authorizing matching funds for projects submitted under the State and Local Cybersecurity Grant Program. (LJ) 9. Consider and act upon approving the purchase of the annual software assurance of the Town’s computer aided dispatch and record management systems for Public Safety, from Integrated Computer Systems, Inc., a sole source provider in the amount of $145,049.21. (LJ) 10. Consider and act upon approving the replacement of seventy (70) end-of-life wireless access points with new Wi-Fi 7 wireless access points from REDACTED, including associated installation services, through SHI Inc. in the amount of $98,614. (LJ) 11. Consider and act upon approving the annual purchase of ammunition from GT Distributors, utilizing BuyBoard Contract #698-23 in the amount of $87,691.90. (DK) 12. Consider and act upon the purchase of one (1) ambulance from Professional Ambulance Sales & Service, dba SERVS, through BUYBOARD Contract #745-24, in the amount of $433,105. (SB) 13. Consider and act upon the purchase of one Pierce Velocity Pumper (PUC) Engine and one Pierce Velocity Platform – 100’ Mid-Mount Truck through Siddons-Martin Emergency Group, LLC through the BuyBoard Contract #746-24(Fire), in the amount of $4,038,680. (SB) 14. Consider and act upon the purchase of one Weis Fire & Safety Equipment, LLC. Ford F550 Brush Truck through the HGAC Contract #FS12-23, in the amount of $313,517. (SB) 15. Consider and act upon approving the purchase of mobile and portable radios through the Texas Department of Information Resources (DIR) Contract #39000- DIR-CPO-5433-AGREEMENT: State of Texas for $91,465.13. (SB) 16. Consider and act upon approval of a Buyboard Cooperative Purchase Order from Child’s Play Inc. for installation of a pavilion at Raymond Community Park in the amount of $110,962. (DB) 17. Consider and act upon approving an amendment to the Design Agreement with Quorum Architects of the Public Works and Parks Service Center in the amount of $106,900 and authorize the Town Manager to execute documents for the same. (CJ) 18. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering, LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Public Works & Parks Service Center project in the amount of $253,228. (CJ) 19. 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, Page 10 Item 5. Page 4 of 7 regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) Councilmember Ray made a motion to approve consent agenda items 4 through 19. Councilmember Hodges seconded the motion. Motion carried with a 6-0 vote. CITIZEN COMMENTS No comments were made. Items for Individual Consideration: 20. Conduct a Public Hearing and consider and act upon a request to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. (ZONE-25-0012) (DH) Mr. Hoover presented the item with an overview of the project location, the surrounding zoning, the overall concept plan, landscape plan, open space amenities and the existing versus the proposed building elevations. Town staff received no responses to the notices sent out. The Planning and Zoning Commission recommended approval by a 5- 1 vote. Staff recommends approval. The Town Council discussed permitted uses within the PD and the intended uses with the definitions of major verus minor uses being explained, and ensuring sufficient parking as businesses move into the building. Mr. Hoover noted that individual uses will receive a Certificate of Occupancy, which allows staff to review and ensure parking standards are met. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Councilmember Ray made a motion to approve a request to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. Mayor Pro-Tem Bartley seconded the motion. Motion carried with a 6-0 vote. 21. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Animal Shelter Services for an initial term of five (5) years, with annual renewal terms of one (1 ) year, and an initial fee of $116,702 for FY 2025-2026. (RB) Ms. Battle introduced the item stating the proposed Interlocal Agreement is a brand new agreement and includes a cost structure based on a percentage of each entity’s population for animal shelter services. The current agreement, which expires in 2028 would be replaced if this agreement is approved. The agreement includes a base operational fee with a 3.5% increase per year. Staff recommends approval. Councilmember Reeves made a motion to approve authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Page 11 Item 5. Page 5 of 7 Animal Shelter Services for an initial term of five (5) years, with annual renewal terms of one (1) year, and an initial fee of $116,702 for FY 2025-2026. Cuncilmember Hodges seconded the motion. Motion carried with a 6-0 vote. 22. Consider and act upon authorizing the Town Manager to execute Amendment No. 19 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $171,374. (RB) Ms. Battle introduced the item stating the proposed amendment is a renewal of the existing agreement for services provided by the county for animal control services. Staff is recommending approval. Councilmember Hodges made a motion to approve authorizing the Town Manager to execute Amendment No. 19 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $171,374. Councilmember Ray seconded the motion. Motion carried 6-0. 23. Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development. (DB) Mr. Baker introduced the item stating the agreement has been modified to include sod installation for the entire site and increasing the developer participation in the project by $250,000 in consideration for naming the facility Shaddock Park. This reduces the Town’s cost participation from $442,098 to an estimated $173,500. No funds will be placed in escrow. Since a portion of the improvements are required as part of the subdivision, staff will withhold final acceptance of all infrastructure until these improvements are also complete. Reimbursement is subject to completion of all improvements covered in this agreement. The Parks and Recreation Department approved the agreement with a 5-1 vote but would prefer the developer follow the Town’s ordinance requirements regarding the naming of the park. Staff is recommending approval. The Town Council discussed amenities that would be added to the park, the trail widening, park dedication fees, naming of the park, and using the park dedications fees towards the park system as a whole. Mayor Pro-Tem Bartely made a motion to accept park dedication fees for Creekside development and credit the developer for the connector trail increased costs. Councilmember Ray seconded the motion. Motion carried with a 6-0 vote. 24. Consider and act upon authorizing the Town Manager to execute a Construction Agreement with Homerun Construction, LLC for Parvin Park in the amount of $532,145.32. (DB) Mr. Baker introduced the item noting 12 bids were received for the proosed project. The construction contract is for a playground, drinking fountain, picnic table, seating, irrigation, sod, trees, concrete loop trail, retaining wall, and associated sitework for Parvin Park on Broadway Street to the west of the intersection with Parvin Street. The project has an estimated completion of summer 2026. Page 12 Item 5. Page 6 of 7 The Town Council discussed no parking signs and placement of signs. Mayor Pro-Tem Bartley made a motion to approve authorizing the Town Manager to execute a Construction Agreement with Homerun Construction, LLC for Parvin Park in the amount of $532,145.32. Councilmember Reeves seconded the motion. Motion carried 6-0. 25. Discuss and consider Town Council Subcommittee reports. (DFB) Downtown Advisory Committee: Ms. Battle noted the committee discussed the monumentation project that is out to bid and will be awarded in Feburary. The committee also discussed the parking lot. Community Engagement Committee: Mayor Pro-Tem Bartley noted the committee has broken into three working groups and they meet prior to each meeting. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Mayor Bristol commented on his recent ride along with the Police Department and spending time in Dispatch. He recommended the Council if their schedules allowed to visit with departments. 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 551.089 - To deliberate security information collected, assembled, or maintained by or for a governmental entity to prevent, detect, or investigate criminal activity, pursuant to Section 2059.055 of the Texas Government Code, 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, and the Downtown Advisory Committee, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney to discuss legal issues associated with any Work Session or Council Meeting agenda item. The Town Council recessed into Executive Session at 7:28 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 13 Item 5. Page 7 of 7 The Town Council reconvened into Regular Session at 8:42 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:42 p.m. These minutes were approved on the 27th day of January 2026. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 14 Item 5. Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called 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 Marcus E. Ray Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Items for Individual Consideration: 1. Discuss the Strategic Visioning Priorities and goals for the Town. The Town Council reviewed and discussed the five current Strategic Visioning priorities and the short-term goals associated with each. The short-term goals were workshopped and updated to align with current objectives. 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. Reconvene into Work Session. No Executive Session took place. Adjourn. MINUTES Prosper Town Council Work Session Prosper Police Department – Multi-Purpose Room 801 Safety Way, Prosper, Texas Wednesday, January 28, 2026 Page 15 Item 6. Page 2 of 2 The meeting was adjourned at 7:53 p.m. These minutes were approved on the 10th day of February 2026. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 16 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: December Monthly Financial Report for Fiscal Year 2026 Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the December monthly financial report for fiscal year 2026. (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. 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 – December 31, 2025 2. First Quarter Financial Summary FY26 Town Staff Recommendation: Town staff recommend the Town Council accept the submission of the monthly financial report for the period of December for fiscal year 2026 in compliance with Town Charter requirements. Proposed Motion: I move to accept the December Monthly Financial Report for Fiscal Year 2026 in compliance with charter requirements. FINANCE Page 17 Item 7. MONTHLY FINANCIAL REPORT as of December 31, 2025 Cash/Budgetary Basis Prepared by Finance Department January 27, 2026 Page 18 Item 7. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 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 - 33 Capital Projects Fund-Water/Sewer 34 Page 19 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 26,277,088$ -$ 26,277,088$ 5,180,098$ -$ 21,096,990$ 20%1 12,087,933$ -57% Sales Taxes 13,199,055 - 13,199,055 2,989,721 - 10,209,334 23%5 2,858,783 5% Franchise Fees 4,685,174 - 4,685,174 730,239 - 3,954,935 16%2 500,738 46% Building Permits 5,193,641 - 5,193,641 771,893 - 4,421,748 15%702,112 10% Other Licenses, Fees & Permits 2,640,606 - 2,640,606 385,108 - 2,255,498 15%328,567 17% Charges for Services 1,577,152 - 1,577,152 468,762 - 1,108,390 30%410,144 14% Fines & Warrants 581,144 - 581,144 123,627 - 457,517 21%140,878 -12% Intergovernmental Revenue (Grants)1,796,663 - 1,796,663 53,027 - 1,743,636 3%- 0% Interest Income 750,000 - 750,000 96,477 - 653,523 13%101,353 -5% Miscellaneous 332,071 - 332,071 86,414 - 245,657 26%29,776 190% Park Fees 818,041 - 818,041 115,230 - 702,811 14%70,058 64% Transfers In 10,389,929 - 10,389,929 3,601,116 - 6,788,813 35%4 369,674 874% Total Revenues 68,240,564$ -$ 68,240,564$ 14,601,711$ -$ 53,638,853$ 21%17,600,016$ -17% EXPENDITURES Administration 12,177,072$ -$ 12,177,072$ 2,572,900$ 761,984$ 8,842,188$ 27%6 2,667,100$ -4% Police 17,724,406 - 17,724,406 3,542,719 420,879 13,760,807 22%3 2,764,716 28% Fire/EMS 15,945,810 - 15,945,810 3,606,105 219,051 12,120,654 24%3 2,542,118 42% Public Works 5,512,375 - 5,512,375 856,667 1,031,809 3,623,899 34%6 607,956 41% Community Services 9,346,688 - 9,346,688 1,672,809 1,211,677 6,462,202 31%6 1,859,813 -10% Development Services 4,083,700 - 4,083,700 723,580 77,904 3,282,217 20%822,822 -12% Engineering 2,708,971 - 2,708,971 584,422 5,888 2,118,661 22%534,340 9% Transfers Out 710,000 - 710,000 - - 710,000 0%- 0% Total Expenses 68,209,022$ -$ 68,209,022$ 13,559,200$ 3,729,193$ 50,920,629$ 25%11,798,866$ 15% REVENUE OVER (UNDER) EXPENDITURES 31,542$ -$ 31,542$ 1,042,511$ 5,801,149$ Beginning Fund Balance October 1 11,792,309 11,792,309 13,226,939 Ending Fund Balance*11,823,851$ 12,834,820$ 19,028,088$ Notes 1 Property taxes are billed in October and a majority of collections occur December through February. Lower than normal collections through December, catching up in January 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Higher amounts vs prior years due to Special Purpose District salaries being moved to General Fund. Offset by Transfers In. 4 Increase in Transfers In vs prior year related to transfers from Capital Project and Special Purpose District funds for salaries. 5 Quarterly filer paid early in FY25 resulting in a higherthan normal October collection amount. 6 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. *Fund Balance Contingency per Charter and Reserve for FY26 = $11,821,706 (21%). This is $341,747 below the 21% target due to encumbrance accounting, which overstates the expenditures until the purchase item is received. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% GENERAL FUND Page 3 of 34 Page 20 Item 7. $5,180,098 $2,989,721 $730,239 $771,893 $12,087,933 $2,858,783 $500,738 $702,112 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current Year to Prior Year Actual Current Year Prior Year Page 4 of 34 Page 21 Item 7. 20% 23% 16%15%15% 30% 13% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Interest Income 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% GENERAL FUND REVENUE Year to Date Percentage of Budget Page 5 of 34 Page 22 Item 7. 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Sales Tax Revenue by Month FY 21/22 FY22/23 FY23/24 FY24/25 FY25/26 Page 6 of 34 Page 23 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ (32,065)$ -$ 107,065$ -43%5,847$ -648% Property Taxes-Current 20,684,204 - 20,684,204 4,257,786 - 16,426,418 21%1 9,694,131 -56% Taxes-Penalties 40,000 - 40,000 2,068 - 37,932 5%1,420 46% Interest Income 145,000 - 145,000 30,345 - 114,655 21%40,277 -25% Transfer In - - - - - - 0%- 0% Total Revenues 20,944,204$ -$ 20,944,204$ 4,258,134$ -$ 16,686,070$ 20%9,741,675$ -56% EXPENDITURES Professional Services -$ -$ -$ 2,500$ -$ (2,500)$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 500 - 19,500 3%- 0% 2014 GO Bond Payment - - - 550,000 - (550,000) 0%3 - 0% 2015 GO Bond Payment 1,444,300 - 1,444,300 - - 1,444,300 0%- 0% 2015 CO Bond Payment - - - - - - 0%- 0% 2016 GO Debt Payment 250,000 - 250,000 - - 250,000 0%- 0% 2016 CO Debt Payment 470,000 - 470,000 - - 470,000 0%- 0% 2017 CO Debt Payment 490,000 - 490,000 - - 490,000 0%- 0% 2018 GO Debt Payment 170,000 - 170,000 - - 170,000 0%- 0% 2018 CO Debt Payment 560,000 - 560,000 - - 560,000 0%2 - 0% 2019 CO Debt Payment 564,212 - 564,212 - - 564,212 0%- 0% 2019 GO Debt Payment 175,000 - 175,000 - - 175,000 0%- 0% 2020 CO Debt Payment 445,000 - 445,000 - - 445,000 0%- 0% 2021 CO Debt Payment 270,000 - 270,000 - - 270,000 0%- 0% 2021 GO Debt Payment 1,205,000 - 1,205,000 - - 1,205,000 0%- 0% 2022 GO Debt Payment 1,070,000 - 1,070,000 - - 1,070,000 0%- 0% 2023 GO Debt Payment 1,340,000 - 1,340,000 - - 1,340,000 0%- 0% 2024 GO Debt Payment 1,035,000 - 1,035,000 - - 1,035,000 0%- 0% 2025 GO Debt Payment 3,150,000 - 3,150,000 - - 3,150,000 0%- 0% Bond Interest Expense 8,506,816 - 8,506,816 5,806 - 8,501,010 0%- 0% Total Expenditures 21,165,328$ -$ 21,165,328$ 558,806$ -$ 20,606,522$ 3%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (221,124)$ -$ (221,124)$ 3,699,329$ 9,741,675$ Beginning Fund Balance October 1 838,442 838,442 1,245,232 Ending Fund Balance Current Month 617,318$ 4,537,771$ 10,986,907$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. Capital Dedicated transfers do not effect Debt Service Fund. 2 Annual debt service payments are made in February and August. 3 Redemption of the remaining $550,000 completed in November 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% DEBT SERVICE FUND Page 7 of 34 Page 24 Item 7. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 417,648$ East Thoroughfare Other Revenue - - - - Interest Income 100,000 - 100,000 31,373 Total Revenues 1,300,000$ -$ 1,300,000$ 449,021$ EXPENDITURES Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$ Total Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$ Transfer to Capital Project Fund 2,400,000$ 2,400,000$ -$ 2,400,000$ -$ 2,400,000$ 2,400,000$ Total Transfers Out 2,400,000$ 2,400,000$ -$ 2,400,000$ -$ -$ 2,400,000$ -$ 2,400,000$ Total Expenditures 2,650,000$ 2,650,000$ -$ 2,650,000$ -$ -$ 2,650,000$ -$ 2,650,000$ REVENUE OVER (UNDER) EXPENDITURES (1,350,000)$ 449,021$ Beginning Fund Balance October 1 1,830,283 1,830,283 Ending Fund Balance Current Month 480,283$ 2,279,304$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 EAST THOROUGHFARE IMPACT FEES FUND Page 8 of 34 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 West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 1,317,929$ West Thoroughfare Other Revenue - - - - Interest Income 200,000 - 200,000 81,243 Total Revenues 4,700,000$ -$ 4,700,000$ 1,399,172$ EXPENDITURES Developer Reimbursements Pk Place, Prosper Hills, Prosper Meadow 4,014,469$ 900,000$ -$ 900,000$ -$ -$ 900,000$ 125,492$ 3,888,977$ Star Trail Developer Reimb 6,872,624 - - - - - - 6,872,624 - Legacy Garden Developer Reimb 3,407,300 - - - - - - 511,737 2,895,563 DNT Frontier Retail 2,154,348 600,000 - 600,000 - - 600,000 1,343,841 810,507 Total Developer Reimbursements 16,448,741$ 1,500,000$ -$ 1,500,000$ -$ -$ 1,500,000$ 8,853,694$ 7,595,047$ Transfer to Capital Project Fund 3,000,000$ 3,000,000$ -$ 3,000,000$ -$ 3,000,000$ -$ 3,000,000$ Total Transfers Out 3,000,000$ 3,000,000$ -$ 3,000,000$ -$ -$ 3,000,000$ -$ 3,000,000$ Total Expenditures 20,098,741$ 4,500,000$ -$ 4,500,000$ -$ -$ 4,500,000$ 8,853,694$ 11,245,047$ REVENUE OVER (UNDER) EXPENDITURES 200,000$ 1,399,172$ Beginning Fund Balance October 1 4,247,989 4,247,989 Ending Fund Balance Current Month 4,447,989$ 5,647,161$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 WEST THOROUGHFARE IMPACT FEES FUND Page 9 of 34 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 Water 3,250,000$ -$ 3,250,000$ 564,455$ Interest Income 200,000 - 200,000 100,379 Total Revenues 3,450,000$ -$ 3,450,000$ 664,834$ EXPENDITURES Developer Reimbursements DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ - -$ 200,000$ 54,252$ 289,290$ Star Trail 3,200,733 500,000 - 500,000 - - 500,000 3,200,733 - Victory at Frontier 209,392 68,031 - 68,031 - - 68,031 168,869 40,523 Pk Place, Prosper Hills, Prosper Meadow 1,406,859 1,022,502 - 1,022,502 - - 1,022,502 - 1,406,859 Total Developer Reimbursements 5,160,526$ 1,790,533$ -$ 1,790,533$ -$ -$ 1,790,533$ 3,423,854$ 1,736,672$ Transfer to Capital Project Fund -$ 4,300,000$ -$ 4,300,000$ -$ -$ 4,300,000$ -$ Total Transfers Out -$ 4,300,000$ -$ 4,300,000$ -$ -$ 4,300,000$ -$ -$ Total Expenditures 5,160,526$ 6,090,533$ -$ 6,090,533$ -$ -$ 6,090,533$ 3,423,854$ 1,736,672$ REVENUE OVER (UNDER) EXPENDITURES (2,640,533)$ 664,834$ Beginning Fund Balance October 1 7,566,307 7,566,307 Ending Fund Balance Current Month 4,925,774$ 8,231,141$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 WATER IMPACT FEES FUND Page 10 of 34 Page 27 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$ 301,060$ Interest Income 100,000 - 100,000 32,689 Upper Trinity Equity Fee 300,000 - 300,000 30,000 Total Revenues 2,400,000$ -$ 2,400,000$ 363,749$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 707,235$ 308,726$ -$ 308,726$ -$ -$ 308,726$ 414,818$ 292,417$ All Storage Developer Reimb 454,900 150,000 - 150,000 - - 150,000 54,180 400,720 Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169 Total Developer Reimbursements 1,348,304$ 558,726$ -$ 558,726$ -$ -$ 558,726$ 468,998$ 879,306$ Transfer to Capital Project Fund 2,568,378$ 2,568,378$ -$ 2,568,378$ -$ -$ 2,568,378$ -$ 2,568,378$ Total Transfers Out 2,568,378$ 2,568,378$ -$ 2,568,378$ -$ -$ 2,568,378$ -$ 2,568,378$ Total Expenditures 3,916,682$ 3,127,104$ -$ 3,127,104$ -$ -$ 3,127,104$ 468,998$ 3,447,684$ REVENUE OVER (UNDER) EXPENDITURES (727,104)$ 363,749$ Beginning Fund Balance October 1 2,580,569 2,580,569 Ending Fund Balance Current Month 1,853,465$ 2,944,318$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 WASTEWATER IMPACT FEES FUND Page 11 of 34 Page 28 Item 7. EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER ANNUAL BUDGET $1,200,000 4,500,000 $3,250,000 $2,000,000 YTD ACTUAL $417,648 $1,317,929 $564,455 $301,060 % OF BUDGET 35%29%17%15% 35% 29% 17% 15% $- $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 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 12 of 34 Page 29 Item 7. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 50,000$ -$ 50,000$ 3,821$ 46,179$ 8%27,508$ -86% Wastewater Impact Fees 700,000 - 700,000 36,686 663,314 5%65,470 -44% East Thoroughfare Impact Fees 50,000 - 50,000 4,589 45,411 9%27,984 -84% Property Taxes - Town (Current)1,376,961 - 1,376,961 - 1,376,961 0%- 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)295,022 - 295,022 - 295,022 0%- 0% Sales Taxes - Town 1,386,765 - 1,386,765 305,165 1,081,600 22%286,757 6% Sales Taxes - EDC 1,161,416 - 1,161,416 255,576 905,840 22%240,159 6% Interest Income 50,000 - 50,000 24,744 25,256 49%25,684 -4% Transfer In - - - - - 0%- 0% Total Revenue 5,070,164$ -$ 5,070,164$ 630,582$ 4,439,582$ 12%673,561$ -6% EXPENDITURES Professional Services 3,000$ -$ 3,000$ -$ 3,000$ 0%-$ 0% Developer Reimbursement 6,480,373 - 6,480,373 - 6,480,373 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenses 6,483,373$ -$ 6,483,373$ -$ 6,483,373$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (1,413,209)$ 630,582$ 673,561$ Beginning Fund Balance October 1 1,438,209 1,438,209 2,542,101 Ending Fund Balance Current Month 25,000$ 2,068,791$ 3,215,662$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% TIRZ #1 - BLUE STAR Page 13 of 34 Page 30 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)151,173$ -$ 151,173$ -$ 151,173$ 0%-$ 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)9,285 - 9,285 - 9,285 0%- 0% Sales Taxes - Town 2,200 - 2,200 290 1,910 13%222 31% Sales Taxes - EDC 2,200 - 2,200 290 1,910 13%222 31% Interest Income 1,500 - 1,500 493 1,007 33%256 93% Total Revenue 166,358$ -$ 166,358$ 1,073$ 165,285$ 1%699$ 54% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Reimbursement 184,122 - 184,122 - 184,122 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 184,122$ -$ 184,122$ -$ 184,122$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (17,764)$ 1,073$ 699$ Beginning Fund Balance October 1 42,764 42,764 25,751 Ending Fund Balance Current Month 25,000$ 43,837$ 26,450$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% Page 14 of 34 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 3,426,536$ -$ 3,426,536$ 797,131$ -$ 2,629,405$ 23%759,405$ 5% Interest Income 1,200 - 1,200 377 - 823 31%444 -15% Other - - - - - - 0%- 0% Total Revenue 3,427,736$ -$ 3,427,736$ 797,508$ -$ 2,630,228$ 23%759,849$ 5% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%585,743$ -100% Other 1,200 - 1,200 - - 1,200 0%- 0% Transfer Out 3,426,536 - 3,426,536 797,131 - 2,629,405 23%1 - 0% Total Expenditures 3,427,736$ -$ 3,427,736$ 797,131$ -$ 2,630,605$ 23%585,743$ -100% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 377$ 174,107$ Beginning Fund Balance October 1 263,479 263,479 398,065 Ending Fund Balance Current Month 263,479$ 263,856$ 572,172$ Notes 1 Payroll costs will be tranferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 15 of 34 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 Sales Tax - Town 3,460,319$ -$ 3,460,319$ 797,571$ -$ 2,662,748$ 23%759,066$ 5% Interest Income 600 - 600 402 - 198 67%128 215% Other - - - - - - 0%- 0% Total Revenue 3,460,919$ -$ 3,460,919$ 797,972$ -$ 2,662,947$ 23%759,194$ 5% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%686,794$ -100% Other 2,400 - 2,400 - - 2,400 0%- 0% Transfer Out 3,458,519 - 3,458,519 797,571 - 2,660,948 23%1 - 0% Total Expenditures 3,460,919$ -$ 3,460,919$ 797,571$ -$ 2,663,348$ 23%686,794$ -100% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 402$ 72,399$ Beginning Fund Balance October 1 75,896 75,896 382,940 Ending Fund Balance Current Month 75,896$ 76,298$ 455,339$ Notes 1 Payroll costs will be tranferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT Page 16 of 34 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 Park Dedication Fees 1,550,000$ -$ 1,550,000$ -$ -$ 1,550,000$ 0%-$ 0% Park Improvement Fees 800,000 - 800,000 4,500 - 795,500 1%360,000 -99% Interest - Park Dedication 20,000 - 20,000 17,275 - 2,725 86%11,584 49% Interest - Park Improvement 20,000 - 20,000 11,533 - 8,467 58%2,692 328% Contributions/Grants - - - - - - 0%- 0% Transfers In - - - - - - 0%- 0% Total Revenue 2,390,000$ -$ 2,390,000$ 33,308$ -$ 2,356,692$ 1%374,276$ -91% EXPENDITURES Transfers Out - Park Dedication 1,400,000$ -$ 1,400,000$ -$ -$ 1,400,000$ 0%-$ 0% Park Dedication - - - - - - 0%- 0% Transfers Out - Park Improvement 750,000 - 750,000 - - 750,000 0%- 0% Park Improvement - - - - - - 0%- 0% Total Expenditures 2,150,000$ -$ 2,150,000$ -$ -$ 2,150,000$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 240,000$ -$ 240,000$ 33,308$ 374,276$ Beginning Fund Balance October 1 1,416,524 1,416,524 1,232,390 Ending Fund Balance Current Month 1,656,524$ 1,449,832$ 1,606,666$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% PARK DEDICATION AND IMPROVEMENT FUND Page 17 of 34 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 Interest Income 31,550$ -$ 31,550$ 16,579$ -$ 14,971$ 53%81,702$ -80% Police Donation Revenue 15,500 - 15,500 5,379 - 10,121 35%6,829 -21% Cash Seizure Forfeiture - - - 22,019 - (22,019) 0%1,495 1373% Fire Donation Revenue 15,500 - 15,500 4,440 - 11,060 29%3,966 12% Child Safety Revenue 28,000 - 28,000 - - 28,000 0%1,394 -100% Court Technology/Security Revenue 16,723 - 16,723 9,088 - 7,635 54%8,037 13% Municipal Jury revenue 170 - 170 102 - 68 60%90 14% Tree Mitigation 300,000 - 300,000 48,747 - 251,253 16%- 0% Escrow Income - - - - - - 0%- 0% LEOSE Revenue 3,000 - 3,000 - - 3,000 0%- 0% 60-A Inspection Revenue - - - 960 - (960) 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 410,443$ -$ 410,443$ 107,314$ -$ 303,129$ 26%103,513$ 4% EXPENDITURES Police Donation Expense 25,000$ -$ 25,000$ 6,228$ -$ 18,772$ 25%-$ 0% Police Seizure Expense 23,000 (15,000) 8,000 1,646 2,119 4,236 47%- 0% Fire Donation Expense 10,000 - 10,000 555 - 9,445 6%29,890 -98% Child Safety Expense 80,000 - 80,000 1,235 3,442 75,323 6%- 0% Court Technology/Security Expense 25,060 - 25,060 - - 25,060 0%- 0% Tree Mitigation Expense - - - - - - 0%- 0% LEOSE Expense 10,000 - 10,000 - - 10,000 0%- 0% 60-A Inspection Expense - - - - - - 0%- 0% Transfer Out (Escrow Funds)- - - - - - 0%- 0% Transfer Out (Tree Mitigation)850,000 - 850,000 - - 850,000 0%- 0% Total Expenses 1,023,060$ (15,000)$ 1,008,060$ 9,663$ 5,560$ 992,836$ 2%29,890$ -68% REVENUE OVER (UNDER) EXPENDITURES (612,617)$ 15,000$ (597,617)$ 97,650$ 73,623$ Beginning Fund Balance October 1 2,733,034 2,733,034 2,356,265 Ending Fund Balance Current Month 2,135,417$ 2,830,684$ 2,429,888$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% SPECIAL REVENUE FUNDS Page 18 of 34 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 Hotel Occupancy Tax 302,675$ -$ 302,675$ -$ -$ 302,675$ 0%-$ 0% Interest Income 2,000 - 2,000 - - 2,000 0%- 0% Other - - - - - - 0%- 0% Total Revenue 304,675$ -$ 304,675$ -$ -$ 304,675$ 0%-$ 0% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0% Hotel Occupancy Tax Rebate 100,892 - 100,892 - - 100,892 0%- 0% Other - - - - - - 0%- 0% Total Expenditures 100,892$ -$ 100,892$ -$ -$ 100,892$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 203,783$ -$ 203,783$ -$ -$ Beginning Fund Balance October 1 - - - Ending Fund Balance Current Month 203,783$ -$ -$ Notes *Holiday Inn Express opened November 13, 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% HOTEL OCCUPANCY TAX FUND Page 19 of 34 Page 36 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 27,821,398$ -$ 27,821,398$ 6,009,503$ -$ 21,811,895$ 22%4 5,947,811$ 1% Sewer Charges for Services 18,074,593 - 18,074,593 4,007,671 - 14,066,922 22%4 3,310,777 21% Licenses, Fees & Permits 193,000 - 193,000 129,302 - 63,698 67%123,047 5% Utility Billing Penalties 205,500 - 205,500 65,582 - 139,918 32%2 83,699 -22% Interest Income 350,000 - 350,000 123,948 - 226,052 35%147,060 -16% Other 691,700 - 691,700 239,968 - 451,732 35%194,541 23% Transfer In - - - - - - 0 - 0% Total Revenues 47,336,191$ -$ 47,336,191$ 10,575,974$ -$ 36,760,217$ 22%9,806,935$ 8% EXPENDITURES Administration 996,176$ -$ 996,176$ 616,790$ 102,596$ 276,789$ 72%3,5 533,073$ 16% Debt Service 8,313,546 - 8,313,546 1,550 - 8,311,996 0%1 - 0% Water Purchases 15,819,798 - 15,819,798 3,757,182 - 12,062,616 24%6 2,241,611 68% Wastewater Treatment Fees 6,035,065 - 6,035,065 1,301,956 - 4,733,109 22%1,432,313 -9% Franchise Fee 2,172,380 - 2,172,380 491,004 - 1,681,376 23%284,214 73% Public Works 10,776,413 - 10,776,413 2,394,117 620,258 7,762,038 28%3 2,219,608 8% Transfer Out 1,829,753 - 1,829,753 457,438 - 1,372,315 25%330,175 39% Total Expenses 45,943,131$ -$ 45,943,131$ 9,020,037$ 722,854$ 36,200,240$ 21%7,040,993$ 28% REVENUE OVER (UNDER) EXPENDITURES 1,393,060$ -$ 1,393,060$ 1,555,937$ 2,765,941$ Beginning Working Capital October 1 15,641,775 15,641,775 12,212,476 *Ending Working Capital 17,034,835$ 17,197,712$ 14,978,417$ Notes 1 Annual debt service payments are made in February and August. 2 FY25 initiatives to encourage auto-drafts and payment reminders have resulted in more timely payments and a reduction of penalties. 3 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 4 Charges for services are low in the winter months and peak in summer causing revenues to show lower than expected in the early months of the fiscal year. 5 Property and Liablility insurance paid early in the fiscal year causing higher than expected YTD percentages. 6 December invoice paid in January for prior year, resluting in a lower YTD amount in FY25 vs. FY26. *Minimum Ending Working Capital balance for FY26 = $10,637,474 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% WATER-SEWER FUND Page 20 of 34 Page 37 Item 7. Dec-25 Dec-24 Growth % WATER SEWER WATER SEWER Change # of Accts Residential 14,241 13,540 13,666 12,968 4.31%575 # of Accts Commercial 522 476 478 432 9.67%44 Consumption-Residential 121,904,560 94,329,388 124,321,640 91,289,820 0.29% Consumption-Commercial 27,159,480 19,325,600 25,698,100 17,538,160 7.51% Consumption-Commercial Irrigation 16,778,390 21,378,110 -21.52% Avg Total Res Water Consumption 8,559 9,080 -5.74% Billed ($) Residential 974,811$ 1,128,511$ 929,362$ 943,652$ 4.89% Billed ($) Commercial 258,894$ 244,676$ 268,315$ 183,128$ -3.51% Billed ($) Commercial Irrigation 164,935$ 201,829$ -18.28% Total Billed ($)1,398,640$ 1,373,188$ 1,399,505$ 1,126,780$ 9.72% Five Year Cumulative Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2026 FY2025 Average Average October 73°4 3.05 75°1 0.41 October 15,618 17,490 17,477 17,477 November 63°7 4.1 61°9 4.09 November 12,738 14,260 11,974 29,450 December 54°2 0.03 61°13 5.91 December 8,559 9,080 7,760 37,211 January 43°6 5.94 January 6,340 6,932 44,142 February 49°10 2.12 February 6,090 6,344 50,487 March 64°7 1.31 March 6,308 6,631 57,117 April 69°10 4.65 April 10,638 9,897 67,014 May 74°10 6.07 May 11,310 11,332 78,347 June 82°6 3.09 June 13,536 11,912 90,259 July 85°11 2.58 July 15,430 18,548 108,806 August 85°4 2.97 August 19,802 22,581 131,387 September 81°6 3.08 September 18,840 20,443 151,830 Annual 13 7.18 93 42.22 TOTAL (gal)36,915 149,124 151,830 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2025-11 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25% WATER-SEWER FUND Average Total Residential Water Consumption by Month FY2026 FY2025 Page 21 of 34 Page 38 Item 7. 22%22% 67% 32% 35%35% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% WATER SEWER FUND REVENUE YTD % OF ANNUAL BUDGET Page 22 of 34 Page 39 Item 7. $6,009,503 $3,757,182 $5,947,811 $2,241,611 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 23 of 34 Page 40 Item 7. $4,007,671 $1,301,956 $3,310,777 $1,432,313 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 Sewer Charges for Services Wastewater Treatment Fees SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Due to the timing of payments, prior year Sewer Management Fees were paid in Nov-2024 Page 24 of 34 Page 41 Item 7. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 1,726,111$ -$ 1,726,111$ 336,569$ -$ 1,389,542$ 19%3 243,635$ 38% Drainage Review Fee 25,000 - 25,000 5,900 - 19,100 24%- 0% 45-4 Interest Income 8,000 - 8,000 4,119 - 3,881 51%2,732 51% Other Revenue - - - 12,000 - (12,000) 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 1,759,111$ -$ 1,759,111$ 358,588$ -$ 1,400,523$ 20%246,367$ 46% EXPENDITURES Administration 558,690$ -$ 558,690$ 99,818$ -$ 458,872$ 18%90,941$ 10% Debt Service 220,338 - 220,338 - - 220,338 0%2 - 0% 45-7 Operating Expenditures 119,546 (990) 118,556 10,333 887 107,336 9%5,262 96% Capital 267,374 - 267,374 - - 267,374 0%- 0% Transfers Out 229,954 - 229,954 7,488 - 222,466 3%1 39,499 -81% Total Expenses 1,395,902$ (990)$ 1,394,912$ 117,640$ 887$ 1,276,385$ 8%135,701$ -13% REVENUE OVER (UNDER) EXPENDITURES 363,209$ 990$ 364,199$ 240,948$ 110,666$ Beginning Working Capital October 1 47,158 47,158 251,393 Ending Working Capital Current Month 411,357$ 288,106$ 362,059$ 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. 3 Stormwater fees raised for FY2026. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% STORMWATER DRAINAGE UTILITY FUND Page 25 of 34 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 Sanitation Charges for Services 3,938,626$ -$ 3,938,626$ 1,010,392$ -$ 2,928,234$ 26%2 811,753$ 24% Interest Income 3,500 - 3,500 3,227 - 273 92%1,369 136% Transfer In - - - - - - 0%- 0% Total Revenues 3,942,126$ -$ 3,942,126$ 1,013,619$ -$ 2,928,507$ 26%813,122$ 25% EXPENDITURES Administration 75,588$ (30,000)$ 45,588$ 13,176$ -$ 32,412$ 29%14,954$ -12% Sanitation Collection 3,445,196 - 3,445,196 596,648 2,848,548 - 100%1 - 0% Capital Expenditure - - - - - - 0%- 0% Debt Service 257,501 - 257,501 64,375 - 193,126 25%- 0% Transfer Out 195,951 30,000 225,951 41,488 - 184,463 18%- 0% Total Expenses 3,974,236$ -$ 3,974,236$ 715,686$ 2,848,548$ 410,002$ 90%14,954$ 4686% REVENUE OVER (UNDER) EXPENDITURES (32,110)$ -$ (32,110)$ 297,933$ 798,168$ Beginning Working Capital October 1 168,668 168,668 52,403 Ending Working Capital 136,558$ 466,601$ 850,571$ Notes 1 Full trash collection budget encumbered. Actual YTD spend is under expected percentage. 2 Town adopted a weekly bulk service pickup in February 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% SOLID WASTE FUND Page 26 of 34 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 Charges for Services 1,566,797$ 5,267$ 1,572,064$ 393,016$ -$ 1,179,048$ 25%393,016$ 0% Grant Revenue - - - - - - 0%- 0% Other Reimbursements - - - 13,650 - (13,650) 0%- 0% Interest Income 250,000 - 250,000 49,716 - 200,284 20%59,513 -16% Auction Proceeds 150,000 - 150,000 - - 150,000 0%107,500 -100% Total Revenue 1,966,797$ 5,267$ 1,972,064$ 456,382$ -$ 1,515,682$ 45%560,029$ -116% EXPENDITURES Vehicle Replacement 1,972,462$ 400$ 1,972,862$ 112,653$ 1,066,073$ 794,135$ 60%1 149,425$ -25% Equipment Replacement 77,706 1,089,094 1,166,800 56,815 751,619 358,366 69%1 - 0% Technology Replacement 1,089,094 (1,089,094) - - - - 0%- 0% Total Expenditures 3,139,262$ 400$ 3,139,662$ 169,468$ 1,817,692$ 1,152,502$ 63%149,425$ 13% REVENUE OVER (UNDER) EXPENDITURES (1,172,465)$ 4,867$ (1,167,598)$ 286,914$ 410,604$ Beginning Fund Balance October 1 5,210,166 5,210,166 6,055,897 Ending Fund Balance Current Month 4,042,568$ 5,497,080$ 6,466,501$ Notes 1 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 27 of 34 Page 44 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 7,231,912$ -$ 7,231,912$ 1,090,310$ -$ 6,141,602$ 15%1 1,094,328$ 0% Cobra and Stop Loss Reimbursements 300,000 - 300,000 65,672 - 234,328 22%87,163 -25% Interest Income 20,000 - 20,000 1,836 - 18,164 9%2,876 -36% Transfers In 710,000 - 710,000 - - 710,000 0% Total Revenue 8,261,912$ -$ 8,261,912$ 1,157,818$ -$ 7,104,094$ 14%1,184,367$ -2% EXPENDITURES Contractual Services 133,911$ -$ 133,911$ 43,580$ -$ 90,331$ 33%13,094$ 233% Employee Health Insurance/Claims 8,371,480 - 8,371,480 1,784,493 619 6,586,368 21%1,462,257 22% Total Expenditures 8,505,391$ -$ 8,505,391$ 1,828,073$ 619$ 6,676,699$ 22%1,475,351$ 24% REVENUE OVER (UNDER) EXPENDITURES (243,479)$ -$ (243,479)$ (670,255)$ (290,984)$ Beginning Fund Balance October 1 435,819 435,819 148,135 Ending Fund Balance Current Month 192,340$ (234,436)$ (142,849)$ Notes 1 Health Chrages expected to increase later in the FY. New plan year starts January 2026. Additional staff bugeted February 2026. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 Expected Year to Date Percent 25.0% HEALTH INSURANCE FUND Page 28 of 34 Page 45 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance REVENUES Property Taxes - Capital Dedicated 10,500,000$ (10,500,000)$ -$ 2,262,180$ Contributions/Interlocal Revenue 3,600,000 - 3,600,000 - Bond Proceeds - 2026 GO Bonds 23,297,062 - 23,297,062 - Interest Income 3,000,000 - 3,000,000 1,084,070 Transfers In - Impact Fee Funds 5,500,000 - 5,500,000 - Transfers In - Tree Mitigation 850,000 - 850,000 - Transfers In - Park Dedication/Improvement 2,150,000 - 2,150,000 - Grants - - - 243,637 Other Revenue - - - - Transfers In - - - - Total Revenues 48,897,062$ (10,500,000)$ 38,397,062$ 3,589,887$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 GOVERNMENTAL CAPITAL PROJECTS FUND Page 29 of 34 Page 46 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 GOVERNMENTAL CAPITAL PROJECTS FUND EXPENDITURES Street & Traffic Projects Street Projects First Street (DNT - Coleman)24,758,067$ -$ -$ 24,758,067$ 2,867$ 87,046$ 3,466,462$ 21,201,693$ Coit Road (First-Frontier)27,789,900 - - 27,789,900 1,326,956 9,658,873 2,286,547 14,517,524 DNT Main Lane (US 380 - FM 428)7,671,186 - - 7,671,186 - - 5,114,123 2,557,063 Fishtrap (Elem-DNT)32,230,732 - - 32,230,732 71,779 461,859 31,499,530 197,563 Teel (US380 Intersection Improv.)- - 493,527 493,527 493,527 - - - First Street (Coit-Custer) 4 Lanes 26,563,812 - - 26,563,812 210 17,000 26,372,036 174,567 Preston Road / First Street Dual Le 900,000 - - 900,000 - 22,077 71,523 806,400 Craig Street (Preston - Fifth)750,000 4,400,000 - 5,150,000 37,611 32,393 719,042 4,360,954 Coleman (Gorgeous - Talon)4,022,596 15,500,000 1 19,522,597 4,458 191,152 2,847,712 16,479,275 Legacy (Prairie - Fishtrap) - 4 lan 10,000,000 - 904,963 10,904,963 - 26,510 10,171,519 706,934 Teel Parkway (US 380 - Fishtrap Rd)6,040,289 - - 6,040,289 1,197 - 6,056,103 (17,012) Coit Road / US 380 SB Dual Left Tur 27,917 - - 27,917 - 2,064 23,986 1,867 Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 - Street Impact Fee Analysis 105,627 - - 105,627 1,750 121 57,110 46,645 US 380 Deceleration Lanes - Denton 500,000 - - 500,000 - - 43,600 456,400 Safety Way (Cook - Technology)800,000 - - 800,000 - - 454,085 345,915 Gorgeous/McKinley 700,000 - - 700,000 - - 608,940 91,060 First Street (Coleman - Craig)2,500,000 - - 2,500,000 - 58,489 516,408 1,925,103 Gee Road (US 380 - FM 1385) - 2 NB 3,900,000 1,100,000 - 5,000,000 5,020 145,832 1,590,688 3,258,460 Frontier Parkway (Legacy - DNT)300,000 - - 300,000 - - 300,000 - Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 - 300,000 - 1,150,000 Prosper Trail (Coit - Custer) - 2 W 1,400,000 - - 1,400,000 54,308 130,515 578,178 637,000 Windsong Parkway/US 380 Dual Left T 152,620 - - 152,620 - - 73,318 79,302 Legacy Drive (Prosper Tr. to P - - 10,000 10,000 - - 167 9,833 Coleman St (First-Georgeous)660,000 - - 660,000 - 278,698 381,902 (600) Teel Parkway (First-Freeman)855,510 - 26,690 882,200 - 235,847 619,844 26,510 Legacy (First St. - Prosper Tr 200,000 - - 200,000 134,800 - - 65,200 Legacy (First St. - Prosper Tr 550,000 - - 550,000 - - - 550,000 Prosper Trail (Legacy - DNT)1,200,000 - - 1,200,000 97,145 623,550 260,306 219,000 Roundabout Peer Review and Tho 28,500 - - 28,500 - 4,463 24,038 - West Gorgeous (McKinley-Colema 230,000 - - 230,000 - 138,868 84,128 7,004 Godwin Parkway (DNT - BNSF RR)- 2,000,000 - 2,000,000 - - - 2,000,000 Whitley Place/First St. - Open Spac - 250,000 - 250,000 - - - 250,000 Unprogrammed Future Projects 522,874 - (27,917) 494,957 - - - 494,957 Page 30 of 34 Page 47 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 GOVERNMENTAL CAPITAL PROJECTS FUND Street & Traffic Projects Traffic Projects Fifth Street Quiet Zone 500,000 - - 500,000 - - - 500,000 Traffic Signal - Fishtrap & Artesia 525,000 140,000 - 665,000 1,305 6,707 323,079 333,909 Median Lighting US 380 (Mahard-Love 300,000 - - 300,000 - - - 300,000 Traffic Signal - DNT/Frontier 281,500 - - 281,500 - 56,637 213,560 11,303 Traffic Signal - Teel Pkway & Prair 525,000 140,000 (1,280) 663,720 - 521,774 39,304 102,642 Traffic Signal Acacia Parkway/Gee R 667,573 - - 667,573 - 21,180 645,373 1,020 Traffic Signal First Street/Legacy 992,259 - 1,280 993,539 - 745,311 246,948 1,280 Opticom Repair/Installation 85,000 - - 85,000 - 6,960 75,597 2,443 Gee/Lockwood Pedestrian Hybrid 357,113 - - 357,113 42,356 194,087 113,650 7,020 First/Copper Canyon Pedestrian 331,054 - - 331,054 42,356 171,551 108,867 8,280 First/Chaucer Pedestrian Hybri 316,374 - - 316,374 42,356 159,071 106,658 8,290 Tr. Signal (Denton-Fishtrap)390,428 - - 390,428 - - 377,974 12,454 Traffic Improvement Projects (767,160 1,500,000 - 2,267,160 5,655 - - 2,261,505 Traffic Signal Comunications P 495,000 - - 495,000 - - - 495,000 Traffic Signal - Legacy & Prai 525,000 140,000 - 665,000 - - - 665,000 School Zone Flashers 140,544 - - 140,544 - - 140,544 - Traffic Equipment 15,928 - - 15,928 - - 15,928 - Crosswalk Development Projects 140,000 - - 140,000 57,839 5,101 62,984 14,076 Traffic Signal - Legacy & Prosper T - 85,000 - 85,000 - - - 85,000 Traffic Signal - Legacy & Starwood - 85,000 - 85,000 - - - 85,000 Total Street & Traffic Projects 164,664,563$ 25,340,000$ 1,407,264$ 191,411,826$ 2,423,495$ 14,303,733$ 97,191,761$ 77,492,839$ Page 31 of 34 Page 48 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 GOVERNMENTAL CAPITAL PROJECTS FUND Park Projects Neighborhood Park Windsong Park #3 350,000$ -$ -$ 350,000$ 307,824$ -$ -$ 42,176$ Lakewood Preserve, Phase 2 5,587,255 - (1) 5,587,255 8,889 5,499 5,563,948 8,919 Downtown Park (Broadway/Parvin)1,158,240 200,000 (120,000) 1,238,240 2,825 4,122 99,058 1,132,235 Raymond Community Park Dam Repair - 350,000 - 350,000 - 101,000 - 249,000 Playground Shade Structures - Lakew - 200,000 - 200,000 - - - 200,000 Security Cameras - Raymond Communit - 250,000 - 250,000 - - - 250,000 Pecan Grove & Whitley Place HOA Irr - 125,000 - 125,000 - - - 125,000 Mirabella Park (Tellus)- 500,000 - 500,000 - - - 500,000 Creekside Park (Shaddock)- 445,000 - 445,000 - - - 445,000 Trails Doe Branch Trail Connections 1,684,000 - - 1,684,000 - 425,264 124,111 1,134,624 Downtown Improvements Downtown Improvements 329,383 - 9,930 339,313 74,057 17,866 239,166 8,224 Downtown Monumentation 164,700 - 40,531 205,231 - 40,890 164,341 - Downtown Monumentation, Broadway &370,000 255,000 (43,461) 581,539 - - - 581,539 Prosper Parking Lot and Alley Impro 552,500 - (1,000) 551,500 555 21,950 100,550 428,445 Community Park Raymond Community Park 24,787,000 128,000 390,000 25,305,000 2,829,635 2,919,072 17,375,181 2,181,112 Raymond Comm. Park, Trail/Brid 916,802 - - 916,802 - 916,535 - 267 Froniter Park Pond Repairs 473,000 - - 473,000 - 33,768 420,123 19,109 Frontier Park Concrete Repairs 120,000 - - 120,000 - - - 120,000 Parks & Recreation Admin Facil 80,000 - - 80,000 - - 72,803 7,197 Doe Branch Property Masterplan 140,000 - - 140,000 20,100 31,800 82,700 5,400 Dream Park - 3,000,000 - 3,000,000 21 2,057,990 - 941,989 Playgr. Shade Struct.-Pecan Gr 160,000 - - 160,000 - - 158,923 1,077 Median/ Landscape Screening US 380 Green Ribbon Lndscp- Irrigat 2,295,000 - - 2,295,000 319,629 217,895 1,281,909 475,567 Mahard Medians - 500,000 - 500,000 5,400 44,600 - 450,000 Prairie Medians - 250,000 - 250,000 - 50,000 - 200,000 Richland Median Lndscp (Prosper Com - 150,000 - 150,000 - - - 150,000 Prosper Trail Screening (Preston -550,000 - - 550,000 45,739 29,836 472,986 1,439 Parks Master Plan Update 140,000 - - 140,000 - - 132,707 7,293 Unprogrammed Future Projects 400,190 - - 400,190 - - - 400,190 Total Park Projects 40,258,070$ 6,353,000$ 275,999$ 46,887,069$ 3,614,674$ 6,918,087$ 26,288,505$ 10,065,802$ Page 32 of 34 Page 49 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 GOVERNMENTAL CAPITAL PROJECTS FUND Facility Projects Public Safety Fire Station #4 Design 950,680$ -$ -$ 950,680$ 23,859$ 85,026$ 856,971$ (15,175)$ Fire Station #4 Other Developm 413,422 - - 413,422 4,621 28,111 111,496 269,195 Fire Station #4 Construction 11,610,003 - - 11,610,003 2,205,629 2,722,527 6,534,244 147,602 Fire Station #4 (FF&E)700,000 - - 700,000 - 293,294 - 406,706 Public Safety Fiber Ring 1,000,000 - - 1,000,000 - 76,621 - 923,380 PD Needs Assessment 78,740 - 1 78,741 11,775 - 66,966 - Town Hall HVAC Unit - - 61,933 61,933 - 61,933 - - Repairs Fire Station 2 - - 57,429 57,429 - 57,429 - - Central Fire BAS System - - 65,732 65,732 - 65,732 - - Fire Station 2 BAS System - - 16,435 16,435 - 16,435 - - Fire Station 3 BAS System - - 39,694 39,694 - 39,694 - - Quint Fire Engine (New Central Fire 1,495,000 - 1,495,000 - - 1,469,880 25,120 Ambulance (New Central Fire Station 495,000 - 495,000 - - 487,388 7,612 Fire Engine Station #4 1,250,000 - 1,250,000 - - 1,246,418 3,582 Ambulance Station #4 552,000 - 552,000 - - 551,600 401 Non-Public Safety Parks & Public Works, Phase 1 5,802,938 5,397,062 - 11,200,000 98,320 1,143,203 777,468 9,181,009 Finish Out Interior Spaces Town Hal 685,416 - 685,416 104,028 161,663 419,725 - Library Master Pan 130,000 - 130,000 - 13,989 116,011 - Town Hall Repairs - N. Parking 290,892 - - 290,892 37,466 202,937 50,489 - Facility Improvement Projects - 300,000 (241,223) 58,777 - - - 58,777 Unprogrammed Future Projects 511,916 - - 511,916 - - - 511,916 Total Facility Projects 25,966,007$ 5,697,062$ 1$ 31,663,071$ 2,485,697$ 4,968,593$ 12,688,657$ 11,520,125$ Transfer Out CIP Salaries - Streets -$ 400,000$ -$ 400,000$ 400,000$ -$ -$ -$ CIP Salaries - Parks - 300,000 - 300,000 300,000 - - - CIP Salaries - Facilities - 300,000 - 300,000 300,000 - - - Total Expenditures 230,888,640$ 38,390,062$ 1,683,264$ 270,961,966$ 9,523,866$ 26,190,413$ 136,168,922$ 99,078,766$ REVENUE OVER (UNDER) EXPENDITURES (232,564,904)$ (5,933,979)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 79,149,405 79,149,405 Ending Fund Balance (Restricted for Capital Projects) Current Month (153,415,499)$ 73,215,426$ Page 33 of 34 Page 50 Item 7. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance REVENUES Interest Income 807,800$ -$ 807,800$ 602,709$ Bond Proceeds 26,538,619 - 26,538,619 - Grant Revenue - - - - Transfers In - - - - Transfers In - Impact Fee Funds 6,868,378 - 6,868,378 - Transfers In - Drainage Fund 200,000 - 200,000 - Total Revenues 34,214,797$ -$ 34,214,797$ 602,709$ EXPENDITURES Water Projects Lower Pressure Plane 42"18,931,100$ -$ -$ 18,931,100$ -$ -$ 18,510,550$ 420,550$ LPP Water Line Phase, 2A 9,000,000 - 9,000,000 42 - 7,919,646 1,080,312 Water Line Relocation-Frontier Park 6,900,000 - - 6,900,000 2,093,545 1,966,132 1,554,570 1,285,753 Parks & Public Works, Phase 1 5,600,000 - - 5,600,000 49,160 571,763 388,007 4,591,070 DNT (Prosper Trail - Frontier Parkw 23,785 - - 23,785 - - 3,585 20,200 Water Impact Fee Analysis 105,627 - - 105,627 - 139 105,487 - DNT Water Line Relocation 37,019 - - 37,019 - - 25,127 11,893 5 MG Ground Storage Tank 8,100,000 5,695,000 - 13,795,000 58,619 227,715 524,677 12,983,990 Craig Street 2 MG EST Rehabili 460,000 2,540,000 - 3,000,000 26,795 268,850 73,305 2,631,050 First Street (DNT - Coleman) - 12"- 2,500,000 - 2,500,000 - - - 2,500,000 US 380 30-inch Water/8" WW Line Rel - 1,800,000 - 1,800,000 - 1,018,600 - 781,400 Godwin Pkwy Materials - - 261,980 261,980 261,980 - - - Unprogrammed Future Projects 356,728 - - 356,728 - - - 356,728 Wastewater Projects Doe Branch Parallel Interceptor 16,253,327 - - 16,253,327 - - 3,750,000 12,503,327 Upper Doe Branch WW Line 8,025,000 (261,980) 7,763,021 715,679 1,644,109 4,573,501 829,731 Sewer Impact Fee Analysis 115,947 - - 115,947 - 139 115,807 - Doe Branch, Phase 3 WWTP 104,946,277 - - 104,946,277 - 3,835 33,636,712 71,305,730 Wilson Creek WW Line 400,000 - - 400,000 - - 305,286 94,714 Denton ISD WW Line Reimburseme 531,622 - - 531,622 - - - 531,622 Total Water & Wastewater Projects 179,786,432$ 12,535,000$ -$ 192,321,431$ 3,205,819$ 5,701,283$ 71,486,261$ 111,928,070$ Drainage Projects Old Town Regional Retention Pond #2 98,386$ 200,000$ -$ 298,386$ -$ -$ 48,323$ 250,063$ Doe Branch Creek Erosion Control 225,000 - - 225,000 - 14,472 183,560 26,968 Total Drainage Projects 323,386$ 200,000$ -$ 523,386$ -$ 14,472$ 231,883$ 277,031$ Transfer Out CIP Salaries - Water -$ 300,000$ -$ 300,000$ 300,000$ -$ -$ -$ CIP Salaries - Wastewater - 200,000 - 200,000 200,000 - - - Total Expenses 180,109,818$ 13,235,000$ -$ 193,344,817$ 3,705,819$ 5,715,755$ 71,718,144$ 112,205,101$ REVENUE OVER (UNDER) EXPENDITURES (159,130,020)$ (3,103,110)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 95,644,027 95,644,027 Ending Fund Balance (Restricted for Capital Projects) Current Month (63,485,993)$ 92,540,917$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT December 31, 2025 UTILITY CAPITAL PROJECTS FUND Page 34 of 34 Page 51 Item 7. TOWN OF PROSPER REPORT TO TOWN COUNCIL FY 2026 RESULTS OF FIRST QUARTER ENDING DECEMBER 31, 2025 In compliance with the Town Charter, Town Management presents to the Council the following summary of the first quarter financial results. These results are presented on a cash/budgetary basis in which certain accruals including property taxes, sales tax, payroll, accounts payable etc. are recorded on a cash basis month by month to facilitate more tfmely financial reportfng and then at year end are recorded for the purposes of reportfng in the audited financial statements to reduce the difference between budget basis and GAAP (Generally Accepted Accountfng Principles) basis. In summary, various accounts have been over and under budget, with detailed comments discussed below. With 25% of the year now complete, results for the major operatfons of the funds with related commentary are: GENERAL FUND  Revenues total $14,601,711 or 21% of annual budget.  Property Tax Collectfons are 20% of annual budget.  Sales Tax Revenues are 23% of annual budget.  Franchise Fees are 16% of annual budget.  Building Permit Revenues are 15% of annual budget.  Expenditures total $17,288,393, or 25% of annual budget  Current fund balance is temporarily below the 21% reserve but is expected to be in compliance once outstanding revenues are received. Revenues It is common for a disproportfonate share of General Fund revenues to be received early in the fiscal year. The Town’s largest revenue source, property taxes, is due January 31st. In prior years, a large portfon of property taxes would be paid by December 31st. This year, collectfons are behind as of December 31st however, large deposits have already been seen in January 2026 that are antfcipated to return the into alignment with prior years. Sales tax collectfons are 5% higher than the prior year. Franchise fees are below the expected percentage, which is common since these fees are paid after the services have been rendered, but are 46% higher than the previous year. Building Permit revenue is under expected percentages but is up 10% compared to the previous year. Building permits are often slow to start the fiscal year. Expenditures Overall, the General Fund expenditures are in line with budget as of the reportfng date, with encumbrances making up 5% of the total. A large emphasis was made to encumber expected funds early in the year to give departments a better look at actual budgets remaining as the year progresses. Fire and Police show large increases when compared to previous years. This is related to Page 52 Item 7. all payroll expenditures being moved from the special purpose districts to the General fund. All departments are projected to remain below budget. IMPACT FEE REVENUES  Street Impact Fees for East Thoroughfare Impact Fees total $417,648 which is 35% of annual budget  Street Impact Fees for West Thoroughfare Impact Fees total $1,317,929 which is 29% of annual budget  Water Impact Fees total $564,455 which is 17% of annual budget  Wastewater Impact Fees total $301,060 which is 15% of annual budget Due to their nature, impact fee revenue can fluctuate significantly throughout the year. West impact fees are primarily generated from single-family residentfal development and are recognized when builders obtain individual home permits, resultfng in a more consistent flow of revenue throughout the year. In contrast, large multf-family permits are collected in a single payment, leading to greater variability. WATER & SEWER FUND  Revenues total $10,575,974 or 22% of annual budget which is up 8% from prior year  Expenditures total $9,742,891 which is 21% of annual budget Revenues Due to a mild summer, consumptfons rates are lower than in previous years, however, accounts have contfnued to rise. The number of accounts increased by about 620 over the last calendar year. Consumptfon will be monitored throughout the year, but at this tfme, there are no concerns of drastfc shortialls in revenue. Expenditures Due to the “take or pay” fee structures with regional providers, water and sewer expenditures typically experience less seasonal variatfon than revenues. Both water purchases and sewer treatment costs are below budget as of December 2025. Year-over-year increases are attributed to higher rates charged by regional suppliers. HEALTH FUND  Expenditures total $1,828,692 which is 22% of revised budget and up 24% from prior year Health fund revenues are currently below the expected percentage. This is primarily due to vacancies, the new plan year beginning in January 2026, and new FY positfons slated for hire in February 2026. Once staffing levels increase and the new rates take effect, revenues will increase to offset the early shortiall. Mario Canizares Town Manager Page 53 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: Quarterly Investment Report for the Fourth Quarter Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Receive the Quarterly Investment Report for the First Quarter. (CL) Description of Agenda Item: As required by the Public Funds Investment Act, staff is required to report activities of its cash and investment holdings on a quarterly basis. Information as required by the act includes investment results for the quarter, economic summary and investment strategy, investment holdings, and book vs. market comparisons. Budget Impact: There is no budget 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. Quarterly Investment Report – Q1 FY2026 Town Staff Recommendation: Town Staff recommends the Town Council receive the Quarterly Investment Report for the First Quarter, as submitted. Proposed Motion: I move to receive the Quarterly Investment Report for the First Quarter, as submitted. FINANCE Page 54 Item 8. INVESTMENT PORTFOLIO SUMMARY For the Quarter Ended December 31, 2025 Prepared by Prosper Finance Department The investment portfolio of the Town of Prosper is in compliance with the Public Funds Investment Act and the Town of Prosper Investment Policy and Strategies. Robert B. Scott Bob Scott, Deputy Town Manager Chris Landrum Chris Landrum, Finance Director Ryan Patterson Ryan Patterson, Assistant Finance Director Page 55 Item 8. Summary Quarter End Results by Investment Category: September 30, 2025 December 31, 2025 Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value MMA/NOW 4.01% $ 33,821,133 $ 33,821,133 3.86% $ 27,661,948 $ 27.661.948 MMF/Pools 4.28% 137,356,993 137,356,993 3.88% 111,882,943 111,882,943 Securities 4.25% 29,749,735 29,810,264 3.89% 50,067,542 50,118,597 Certificates of Deposit - - - - - - Total 4.23% $ 200,927,862 $ 200,988,390 3.88% $ 189,612,433 $ 189,663,487 Interest Earnings (Approximate) Quarter $ 2,100,176 Fiscal Year-to-date $ 2,100,176 (1) Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2) Fiscal Year-to-Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2) Total Portfolio 3.88% Total Portfolio 3.88% Rolling Three Month Treasury 3.87% Rolling Three Month Treasury 3.87% Rolling Six Month Treasury 3.73% Rolling Six Month Treasury 3.73% TexPool 3.99% TexPool 3.99% Page 56 Item 8. Economic Overview 12/31/2025 During the fourth quarter of 2025, the Federal Open Market Committee (FOMC) held the federal funds target range steady at 4.00%–4.25% following the September rate cut, signaling a pause as policymakers assessed incoming data. Fed Funds continued to trade near the upper end of the range through year-end, reflecting persistent market caution and expectations that further easing would be gradual. Inflation continued to trend lower but remained above the Fed’s 2% objective, with Core PCE easing to approximately 2.7% year over year by December, while Core CPI hovered near 2.8% YoY. The FOMC maintained its data-dependent posture, emphasizing balanced risks amid slowing but still positive economic momentum. Labor-market conditions softened further during the quarter: the unemployment rate drifted higher toward the mid-4% range, and monthly job gains remained subdued, with the three-month average well below levels observed earlier in the year, indicating increasing labor-market slack. Economic activity showed resilience but continued to decelerate; preliminary GDP data for Q4 pointed to modest growth, reinforcing the slowdown evident since mid-2025. Forward-looking projections continued to reflect below-trend growth expectations into 2026. Average spot prices for WTI crude oil ranged roughly between $60 and $65 per barrel during the quarter, reflecting balanced supply conditions and tempered global demand. Global uncertainty, including geopolitical tensions and trade- related volatility, remained elevated through year-end. The yield curve stayed inverted, reinforcing recession concerns and contributing to a cautious investment and financial market environment as 2025 concluded. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 1 Mo 6 Mo 1 Yr 2 Yr 3 Yr 5 Yr 10 Yr Treasury Yield Curves December 31, 2024 September 30, 2025 December 31, 2025 0.00 1,000.00 2,000.00 3,000.00 4,000.00 5,000.00 6,000.00 7,000.00 8,000.00 S&P 500 (2.00) (1.00) - 1.00 2.00 3.00 4.00 5.00 6.00 US Historical Yields Since 2006 6-month T-Bill 2-Year T-Note 10-Year T-Note (2.00) (1.00) - 1.00 2.00 3.00 4.00 5.00 6.00 US Historical Yields Since 2016 6-month T-Bill 2-Year T-Note 10-Year T-Note Page 57 Item 8. Investment Holdings December 31, 2025 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (Days) Yield Independent DDA 3.78% 01/01/26 12/31/25 3,252,292 3,252,290 100.00 3,252,290 1 3.78% Independent DDA #2 3.86% 01/01/26 12/31/25 15,875,389 15,875,389 100.00 15,875,389 1 3.86% Independent DDA #3 3.86% 01/01/26 12/31/25 2,600,700 2,600,700 100.00 2,600,700 1 3.86% NexBank MMA 3.90% 01/01/26 12/31/25 5,933,569 5,933,569 100.00 5,933,569 1 3.90% TexSTAR 3.83% 01/01/26 12/31/25 70,749,398 70,749,398 100.00 70,749,398 1 3.83% TexPool 3.98% 01/01/26 12/31/25 41,133,545 41,133,545 100.00 41,133,545 1 3.98% FFCB S&P-AA+ 3.62% 12/22/2028 12/30/2025 5,000,000 4,996,250 99.83 4,991,500 1,087 3.65% FFCB S&P-AA+ 3.80% 12/18/2028 12/18/2025 5,000,000 5,000,000 99.91 4,995,500 1,083 3.80% FFCB S&P-AA+ 3.87% 11/24/2028 12/12/2025 10,000,000 10,001,000 100.05 10,005,000 1,059 3.87% FFCB S&P-AA+ 4.22% 05/23/2028 06/30/2025 5,000,000 5,000,000 100.48 5,025,000 874 4.22% FHLB S&P-AA+ 3.88% 06/04/2027 0630/2025 5,000,000 5,009,130 100.53 5,026,500 520 3.75% FHLM S&P-AA+ 3.85% 12/11/2028 12/12/2025 10,325,000 10,321,386 99.97 10,321,903 1,076 3.86% FHLM S&P-AA+ 3.88% 11/24/2028 12/12/2025 5,000,000 5,000,250 99.99 4,999,500 1,059 3.87% FNMA S&P-AA+ 4.20% 07/10/2028 06/30/2025 4,740,000 7,739,526 100.31 4,754,694 922 4.20% Total Portfolio $ 189,609,891 $ 189,612,433 $ 189,663,487 260 3.88% (1) (2) (1) Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one-day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisory fees are not included. The yield for the reporting month is used for overnight bank and pool balances. Page 58 Item 8. MMA/DDA/NOW, 17% Pools, 68% Securities, 15% COMPOSITION -PRIOR QUARTER MMA/DDA/NOW, 14% Pools, 62% Securities, 24% COMPOSITION -CURRENT QUARTER M 50M 100M 150M 200M 250M Total Portfolio Quarter End Book Value - 1.00 2.00 3.00 4.00 5.00 6.00 Portfolio Perfomance Town WAY Rolling 3 mo T-Bill TexPool Rolling 6 mo T-Bill Page 59 Item 8. Book and Market Value Comparison Issuer/Description Yield Maturity Date Book Value 9/30/25 Increases Decreases Book Value 12/31/25 Market Value 9/30/25 Change in Market Value Market Value 12/31/25 Independent DDA 3.78% 01/01/26 $ 5,900,643 $ (2,648,353) $ 3,252,290 $ 5,900,643 $ (2,648,353) $ 3,252,290 Independent DDA #2 3.86% 01/01/26 15,507,701 367,688 15,875,389 15,507,701 367,688 15,875,389 Independent DDA #3 3.86% 01/01/26 6,540,300 (3,939,600) 2,600,700 6,540,300 (3,939,600) 2,600,700 NexBank MMA 3.90% 01/01/26 5,872,489 61,080 5,933,569 5,872,489 61,080 5,933,569 TexSTAR 3.83% 01/01/26 74,981,980 (4,232,582) 70,749,398 74,981,980 (4,232,582) 70,749,398 TexPool 3.98% 01/01/26 62,375,013 (21,241,468) 41,133,545 62,375,013 (21,241,468) 41,133,545 FFCB 3.65% 12/22/28 - 4,996,250 4,996,250 - 4,991,500 4,991,500 FFCB 3.80% 12/18/28 - 5,000,000 5,000,000 - 4,995,500 4,995,500 FFCB 3.87% 11/24/28 - 10,001,000 10,001,000 - 10,005,000 10,005,000 FFCB 4.22% 05/23/28 5,000,000 5,000,000 5,023,500 500 5,024,000 FHLB 3.75% 06/04/27 5,011,750 (2,620) 5,009,130 5,021,500 5,000 5,026,500 FHLB 4.38% 10/15/27 2,000,000 (2,000,000) - 2,000,400 (2,000,400) - FHLB 4.38% 06/23/28 5,000,000 (5,000,000) - 5,004,000 (5,004,000) - FHLM 3.86% 12/11/28 - 10,321,386 10,321,386 - 10,321,903 10,321,903 FHLM 3.87% 11/24/28 - 5,000,250 5,000,250 - 4,999,500 4,999,500 FHLM 4.50% 121/17/27 5,000,000 (5,000,000) - 5,003,500 (5,003,500) - FNMA 4.20% 07/10/28 4,739,526 4,739,526 4,757,064 (2,370) 4,754,694 FNMA 4.53% 10/15/27 2,998,269 (2,998,269) - 3,000,300 (3,000,300) - TOTAL / AVERAGE 3.88% $200,927,861 $35,747,654 $ (47,063,083) $ 189,612,433 $200,988,391 $ (11,324,903) $ 189,663,487 Page 60 Item 8. Allocation December 31, 2025 Book Value Yield Maturity Date Total Pooled Funds Debt Service Fund Independent DDA 3.78% $ 3,252,290 $ 3,252,290 $ – Independent DDA #2 3.86% 15,875,389 15,875,389 – Independent DDA #3 3.86% 2,600,700 2,600,700 – NexBank MMA 3.90% 5,933,569 5,933,569 – TexSTAR 3.83% 70,749,398 70,749,398 – TexPool 3.98% 41,133,545 36,0995,223 5,038,322 FFCB 3.62% 12/22/2028 4,996,250 4,996,250 – FFCB 3.80% 12/18/2028 5,000,000 5,000,000 – FFCB 3.87% 11/24/2028 10,001,000 10,001,000 – FFCB 4.22% 05/23/2028 5,000,000 5,000,000 – FHLB 3.88% 06/04/2027 5,009,130 5,009,130 – FHLM 3.85% 12/11/2028 10,321,386 10,321,386 – FHLM 3.88% 11/24/2028 5,000,250 5,000,250 – FNMA 4.20% 07/10/2028 7,739,526 7,739,526 Totals $ 189,612,433 $ 184,574,111 $ 5,038,322 Allocation September 30, 2025 Book Value Yield Maturity Date Total Pooled Funds Debt Service Fund Independent DDA 1.76% $ 5,900,643 $ 5,900,643 $ – Independent DDA #2 4.50% 15,507,701 15,507,701 – Independent DDA #3 4.50% 6,540,300 6,540,300 – NexBank MMA 4.45% 5,872,489 5,872,489 – TexSTAR 4.21% 74,981,980 74,981,980 – TexPool 4.36% 62,375,013 61,039,629 1,335,384 FFCB 4.22% 05/23/28 5,000,000 5,000,000 – FHLB 3.75% 06/04/27 5,011,750 5,011,750 – FHLB 4.38% 10/15/27 2,000,000 2,000,000 – FHLB 4.38% 06/23/28 5,000,000 5,000,000 – FHLMC 4.50% 12/17/27 5,000,000 5,000,000 – FNMA 4.20% 07/10/28 4,739,526 4,739,526 – FNMA 4.53% 10/15/27 2,998,459 2,998,459 – Totals $ 200,927,862 $ 199,592,478 $ 1,335,384 Page 61 Item 8. 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: Designating a Representative to NCT 9-1-1 Board Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution appointing a member of the Prosper Town Council to the North Central Texas (NCT) Regional 9-1-1 Emergency Communications District Board of Managers. Description of Agenda Item: On April 26, 2016, the Town Council approved Resolution 16-28 authorizing the creation of the North Central Texas Regional 9-1-1 Emergency Communications District (RECD). In 2018, the Town Council appointed Councilmember Jeff Hodges to serve as the Town’s representative to the Board of Managers NCT9-1-1 Program and every two years has been redesignated by the Town Council to serve as the Town’s representative. It is currently the Town’s time to reappoint a Town representative to serve for the upcoming two years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P. has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the Town Council approve a Resolution appointing a member of the Prosper Town Council to the North Central Texas (NCT) Regional 9-1-1 Emergency Communications District Board of Managers. Proposed Motion: I move to approve a Resolution appointing Cameron Reeves to the North Central Texas Regional (NCT) 9-1-1 Emergency Communications District Board of Managers. TOWN SECRETARY Page 62 Item 9. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2026-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPOINTING A REPRESENTATIVE TO THE NORTH CENTRAL TEXAS REGIONAL 9-1-1 EMERGENCY COMMUNICATIONS DISTRICT BOARD OF MANAGERS; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 16-28, approved by the Prosper Town Council on April 26, 2016, provides that the Town Council has authorized the creation of the North Central Texas Regional 9-1-1 Emergency Communications District; and WHEREAS, the proposed bylaws of the District provide that the District shall be governed by a Board of Managers consisting of elected officials, which shall be comprised of one representative from each of the following entities: Collin County, the Town of Prosper, the City of McKinney, the City of Allen, the City of Frisco, and the City of Murphy. WHEREAS, the Town Council desires to appoint a representative to the Board of Managers. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Prosper Town Council hereby reappoints Jeff Hodges as the Town of Prosper representative to the Regional 9-1-1 Emergency Communications District Board of Managers and appoints Cameron Reeves to the 9-1-1 Emergency Communications District Board of Managers effective June 1, 2026. Such term will be effective upon the approval date of this resolution. SECTION 2 This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 10TH DAY OF FEBRUARY 2026. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: _____________________________________ Michelle Lewis Sirianni, Town Secretary Page 63 Item 9. Resolution No. 2026-03, Page 2 APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 64 Item 9. Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Ordering May General Election Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an Ordinance ordering a General Election to be held on May 2, 2026, for the purpose of electing Councilmember Place 3 and Councilmember Place 5; designating the location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. Description of Agenda Item: In accordance with Texas Election Law, the Town Council is responsible for ordering the General Election to be held on the Uniform Election Date in May for the purpose of electing Councilmember Place 3 and Councilmember Place 5. The Town will jointly contract with Collin County and Denton County to conduct the election. Both counties provide training and equipment to the Town to help reduce the cost of holding an election. Election agreements from both counties are provided in draft form until all dates and locations are confirmed by participating entities. Budget Impact: Cost estimates are based on participating local entities and the percentage of registered voters within the Town of Prosper. These costs are subject to change until all entities are confirmed by both counties. The cost for Collin County is currently estimated at approximately $33,420.77. The cost for Denton County is currently estimated at approximately $11,500.00. Election services are funded through account 11011010-58700, Election Expenses. 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. Ordinance English & Spanish 2. Collin County Draft Joint Election Contract 3. Denton County Draft Joint Election Contract 4. Election Calendar TOWN SECRETARY Page 65 Item 10. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve an Ordinance ordering a General Election to be held on May 2, 2026, for the purpose of electing Councilmember Place 3 and Councilmember Place 5; designating the location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. Proposed Motion: I move to approve an Ordinance ordering a General Election to be held on May 2, 2026, for the purpose of electing Councilmember Place 1 and Councilmember Place 5; designating the location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. Page 66 Item 10. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 2, 2026, IN THE TOWN OF PROSPER FOR THE PURPOSE OF ELECTING COUNCILMEMBER PLACE 3 AND COUNCILMEMBER PLACE 5; DESIGNATING LOCATION OF POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS WITH COLLIN COUNTY AND DENTON COUNTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 A General Election is hereby ordered for the Town of Prosper, Texas (“Prosper”), to be held jointly on Saturday, May 2, 2026, for the purpose of electing a Councilmember Place 3 and Councilmember Place 5. The candidate for each office receiving a majority of all votes cast for all candidates for an office shall be elected to serve such term. SECTION 2 No person’s name shall be placed upon the ballot as a candidate for a Councilmember unless such person has filed his or her sworn application as provided by Section 141.03 of the Texas Election Code, with the Town Secretary at the Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, not later than 5:00 p.m., on the 13th day of February 2026. The Town Secretary shall note on the face of each such application the date of such filing. Such application shall include the office the candidate is seeking. SECTION 3 Qualified voters of the following election precincts shall cast ballots for the General Election at the heretofore established and designated Election Day polling places, as follows: Town Precincts Polling Place 178, 199, 214, 224, 239 Prosper Town Hall Community Room (Collin County) 250 W. First Street Prosper, TX 75078 1016, 1017, 9102 Prosper Fire Station 2 Training Room (Denton County) 1140 S. Teel Parkway Prosper, TX 75078 General Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the General Election, Saturday, May 2, 2026. Page 67 Item 10. Ordinance No. 2026-XX, Page 2 SECTION 4 Early voting by personal appearance for Denton County residents shall be available at the Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from Monday, April 20, 2026, from 8:00 a.m. to 5:00 p.m.; Tuesday, April 21, 2026, No Voting; Wednesday, April 22 through Saturday, April 25, 2026, from 8:00 a.m. to 5:00 p.m.; Sunday, April 26, 2026, from 11:00 a.m. to 5:00 p.m.; and Monday, April 27, 2026, through Tuesday, April 28, 2026, from 7:00 a.m. to 7:00 p.m. Early voting by personal appearance for Collin County residents shall be available at the Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, Monday, April 20, 2026, from 8:00 a.m. to 5:00 p.m.; Tuesday, April 21, 2026, No Voting; Wednesday, April 22 through Saturday, April 25, 2026, from 8:00 a.m. to 5:00 p.m.; Sunday, April 26, 2026, No Voting, and Monday, April 27, 2026, through Tuesday, April 28, 2026, from 7:00 a.m. to 7:00 p.m. Qualified voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administrator or the Denton County Elections Administrator. This previous sentence shall also be posted in the Notice of Election. SECTION 5 The Town Manager and Town Secretary are authorized to execute a contract for an Election with the Denton County Election Department, the Collin County Election Department, and other entities that will provide for all election appointments, early voting by mail, the designated voting location(s) and hours of operation, payments for election officials, necessary election arrangements and a runoff election (if applicable). SECTION 6 The Town Secretary shall have the authority to approve any minor modifications as may be necessary in the best interests of the Town and within the regulations of the Texas Election Code. The early voting mail clerk for Collin County is: Kaleb Breaux, Early Voting Clerk, Collin County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips, Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202 (elections@dentoncountx.gov). SECTION 7 The Town Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this General Election. The General Election, including providing notice of the General Election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote at the General Election. SECTION 8 The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the General Election, whether or not expressly authorized herein. Page 68 Item 10. Ordinance No. 2026-XX, Page 3 SECTION 9 The provisions of this ordinance are severable, so that the invalidity of one or more provisions shall not affect the validity of those valid portions. SECTION 10 This ordinance and order for a General Election shall be effective from and after the passage of this ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS 10TH DAY OF FEBRUARY 2026. APPROVED: ______________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 69 Item 10. CUIDAD DE PROSPER, TEXAS ORDENANZA NO. 2026-XX UNA ORDENANZA DEL CONCEJO MUNICIPAL DE LA CUIDAD DE PROSPER, TEXAS, QUE ORDENA QUE SE CELEBREN ELECCIONES GENERALES EL 2 DE MAYO DE 2026 EN LA CUIDAD DE PROSPER CON EL FIN DE ELEGIR UN MIEMBRO DEL CONSEJO DEL LUGAR 3 Y MIEMBRO DEL CONSEJO DEL LUGAR 5; DESIGNACIÓN DE LA UBICACIÓN DE LOS LUGARES DE VOTACIÓN; ORDENAR QUE SE ENTREGUEN NOTIFICACIONES DE ELECCIÓN SEGÚN LO PRESCRIBE LA LEY EN RELACIÓN CON DICHA ELECCIÓN; AUTORIZANDO LA EJECUCIÓN DE CONTRACTOS DE ELECCIÓN CONJUNTA CON LOS CONDADOS DE COLLIN Y DENTON; PROPORCIONAR UNA CLÁUSULA DE DIVISIBILIDAD; Y PROPORCIONAR UNA FECHA EFECTIVA. AHORA, POR LO TANTO, EL CONCEJO DE LA CUIDUAD DE LA CUIDAD DE PROSPER, TEXAS, ORDENA QUE: SECCIÓN 1 Por la presente se ordena una Elección General por la Cuidad de Prosper, Texas ("Prosper"), que se llevará a cabo conjuntamente el sábado 2 de mayo de 2026, con el fin de elegir un miembro del Consejo del Lugar 3 y un miembro del Consejo del Lugar 5. El candidato para cada cargo, que reciba la mayoría de los votos emitidos para todos los candidatos a un cargo, será elegido para servir dicho término. SECCIÓN 2 El nombre de ninguna persona se colocará en la boleta electoral como candidato a alcalde o concejal a menos que dicha persona haya presentado su solicitud jurada según lo dispuesto por la Sección 141.03 del Código Electoral de Texas, con el Secretario del Pueblo en el Ayuntamiento de Prosper, ubicado en 250 W. First Street, Prosper, Texas 75078, a más tardar a las 5:00 p. m., el día 13 de febrero de 2026. El Secretario del Pueblo anotará en el anverso de cada solicitud la fecha de presentación. Dicha solicitud incluirá el cargo al que aspira el candidato. SECCIÓN 3 Los votantes calificados de los siguientes precintos electorales emitirán sus votos para la Elección General en los lugares de votación establecidos y designados hasta ahora para el Día de la Elección, de la siguiente manera: Recintos de la Ciudad Colegio Electoral 178, 199, 214, 224, 239 Prosper Town Hall Community Room (Condado de Collin) 250 W. First Street Prosper, TX 75078 1016, 1017, 9102 Prosper Fire Station 2 Training Room (Condado de Denton) 1140 S. Teel Parkway Prosper, TX 75078 Las urnas de las Elecciones Generales estarán abiertas desde las 7:00 a.m. hasta las 7:00 p.m., en la fecha de las Elecciones Generales, sábado 2 de mayo de 2026. Page 70 Item 10. Ordenanza No. 2026-XX, Página 2 SECCIÓN 4 La votación anticipada en persona para los residentes del condado de Denton estará disponible en Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 desde el lunes 20 de abril de 2026 de 8:00 a.m. a 5:00 p.m.; el martes 21 de abril de 2026 sin votar; el miércoles 23 de abril hasta el sábado 25 de abril de 2026 a partir de las 8:00 a.m. a 5:00 p.m.; domingo 26 de abril de 2026, de 11:00 a.m. a 5:00 p.m.; y del lunes 27 de abril de 2026 al martes 28 de abril de 2026 de 7:00 a.m. a 7:00 p.m. La votación anticipada en persona para los residentes del condado de Collin estará disponible en Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, desde el lunes 20 de abril de 2026 de 8:00 a.m. a 5:00 p.m.; el martes 21 de abril de 2026 sin votar; el miércoles 23 de abril hasta el sábado 25 de abril de 2026 a partir de las 8:00 a.m. a 5:00 p.m.; domingo 26 de abril de 2026, sin votar, y del lunes 27 de abril de 2026 al martes 28 de abril de 2026 de 7:00 a.m. a 7:00 p.m. Los votantes calificados pueden votar en cualquiera de los lugares de Votación Anticipada adicionales abiertos bajo servicios de contrato completo con el Administrador de Elecciones del Condado de Collin o el Administrador de Elecciones del Condado de Denton. Esta oración anterior también se publicará en el Aviso de Elección. SECCIÓN 5 Que el Administrador de la Cuidad y la Secretaria de la Cuidad están autorizados a ejecutar un contracto para una Elección con el Departamento de Elecciones del Condado de Denton, el Departamento de Elecciones del Condado de Collin, y otras entidades que proporcionarán todos los nombramientos para las elecciones, la votación anticipada por correo, el lugar de votación designado(s) y el horario de funcionamiento, los pagos de los funcionarios electorales, los arreglos electorales necesarios y una segunda vuelta electoral (si es aplicable). SECCIÓN 6 Que la secretaria de la cuidad tendrá la autoridad para aprobar cualquier modificación menor que sea necesaria en el mejor interés del Pueblo y dentro de los reglamentos del Código Electoral de Texas. El empleado de correo de votación anticipada del condado de Collin es: Kaleb Breaux, empleado de votación anticipada, Departamento de Elecciones del condado de Collin, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), y el empleado de votación anticipada del condado de Denton es Frank Phillips, secretario de votación anticipada, elecciones del condado de Denton, PO Box 1720, Denton, Texas 76202 (elections@dentoncountx.gov). SECCIÓN 7 Por la presente, se autoriza y ordena a la secretaria de la cuidad que publique y/o publique, en el tiempo y la forma prescritos por la ley, todos los avisos que se requiera que se publiquen y/o publiquen en relación con la realización de esta Elección General. La Elección General, incluida la notificación de la Elección General, se llevará a cabo de conformidad con el Código Electoral de Texas y otras leyes aplicables, y todos los votantes calificados y registrados residentes del Pueblo serán elegibles para votar en la Elección General. Page 71 Item 10. Ordenanza No. 2026-XX, Página 3 SECCIÓN 8 El Alcalde y la Secretaria de la Cuidad de la Cuidad, en consulta con el abogado del pueblo, están autorizados y ordenados a tomar todas las medidas necesarias para cumplir con las disposiciones del Código Electoral de Texas y cualquier otra ley estatal o federal al llevar a cabo y llevar a cabo la Elección General, esté o no expresamente autorizado en este documento. SECCIÓN 9 Que las disposiciones de esta ordenanza son separables, de manera que la invalidez de una o más disposiciones no afectará la validez de aquellas porciones válidas. SECCIÓN 10 Esta ordenanza y la orden para una Elección General entrarán en vigencia a partir de la aprobación de esta ordenanza. DEBIDAMENTE APROBADO Y APROBADO POR EL CONCEJO DE LA CUIDAD DE LOS CONDADOS DE PROSPER, COLLIN Y DENTON, TEXAS, EL DÍA 10 DE FEBRERO DE 2026. AP ROBADO: ______________________________ David F. Bristol, Alcalde DOY FE: ________________________________________ Michelle Lewis Sirianni, Secretaria de la Cuidad APROBADO EN FORMA Y LEGALIDAD: ____________________________________ Terrence S. Welch, Abogado de la Cuidad Page 72 Item 10. 1 JOINT ELECTION SERVICES CONTRACT (“Election Services Contract”) ELECTION SERVICES AGREEMENT BETWEEN THE COLLIN COUNTY ELECTIONS ADMINISTRATOR (“Contracting Election Officer”) AND TOWN OF PROSPER (“Participating Political Subdivision”) FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD ON SATURDAY, MAY 2, 2026 TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR DRAFTPage 73 Item 10. 2 1. ADMINISTRATION AND STATUTORY AUTHORITY a. Kaleb Breaux (“Kaleb Breaux”) is the duly appointed County Elections Administrator (“Elections Administrator”) of Collin County, Texas, and the Department Head of the Collin County Elections Department. As such, Mr. Breaux is the Election Administrator of Collin County, Texas and authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services Contract with the contracting authority of the Participating Political Subdivision. b. The contracting authority of the Participating Political Subdivision is hereby participating in the Joint Election to be held in Collin County, Texas on Saturday, May 2, 2026. The Participating Political Subdivision is hereby contracting with the Elections Administrator of Collin County, Texas and all other joining jurisdictions to perform the election services set forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the Texas Election Code. 2. DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER a. The Contracting Election Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: i. The Contracting Election Officer will prepare and publish the required Notice of Election and post the required orders and resolutions to the Collin County Elections Department website. ii. The Contracting Election Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Count Station and judge of the Early Voting Ballot Board. iii. The Contracting Election Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his/her appointment. The presiding election judge of each vote center will use his/her discretion to determine when additional workers are needed, during peak voting hours. iv. The Contracting Election Officer will determine the number of clerks to work in the Central Count Station and the number of clerks to work on the Ballot Board. 1. Election judges shall attend the Contracting Election Officer’s school of instruction (Election Law Class). A training event calendar will be provided. 2. Election judges and alternate judges shall be responsible for picking up and returning election supplies to the County Election Warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. v. The Contracting Election Officer shall compensate each election judge and worker. Each judge shall receive $17.00 per hour, each alternate judge shall receive $16.00 per hour, and each clerk shall receive $15.00 per hour for services rendered. Overtime will be paid to each person working more than 40 hours per week. DRAFTPage 74 Item 10. 3 b. The Contracting Election Officer shall procure, prepare, and distribute voting machines, election kits, and election supplies. i. The Contracting Election Officer shall secure election kits, which include the legal documentation required to hold an election and all supplies. ii. The Contracting Election Officer shall secure the tables, chairs, and legal documentation required to run the Central Count Station. iii. The Contracting Election Officer shall provide all lists of registered voters required for use on Election Day and for the Early Voting period required by law. iv. The Contracting Election Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of ES&S ExpressVote Universal Voting Machines (EVS 6.1.1.0), ES&S Ballot on Demand System, ES&S DS200 Ballot Counters (EVS 6.1.1.0), ES&S Model DS450 and DS850 High-Speed Scanners/Tabulators (EVS 6.1.1.0), ADA compliant headphones and keypads, voting signs, and election supply cabinets. 2. Supplies include paper ballot cards, Early Voting and Election Day supply kits, provisional ballot kits, security seals, pens, tape, markers, etc. c. The Contracting Election Officer, Kaleb Breaux, shall be appointed the Early Voting Clerk. i. The Contracting Election Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. ii. The Contracting Election Officer shall select the Early Voting polling locations and arrange for the use of each. iii. Early Voting by personal appearance for the Participating Political Subdivision shall be conducted during the Early Voting dates and times and at the locations listed in “Exhibit A” attached and incorporated by reference into this Election Services Contract. iv. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office located at 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Applications for mail ballots erroneously mailed to the Participating Political Subdivision shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Election Officer for proper retention. 2. All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage is required. v. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for counting by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The Contracting Officer shall appoint the presiding judge of this Board. d. The Contracting Election Officer shall select the Election Day vote centers and arrange for the use of each. i. The Participating Political Subdivision shall assume the responsibility of remitting their portion of cost of all employee services required to provide access, provide security or provide custodial services for the vote centers. ii. The Election Day vote centers are listed in “Exhibit B”, attached and incorporated by reference into this Election Services Contract. DRAFTPage 75 Item 10. 4 e. The Contracting Election Officer shall be responsible for establishing and operating the Central Count Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. The Central Count Station Manager shall be Kaleb Breaux. The Central Count Station Judge shall be Kathi-Ann Rivard. The Tabulation Supervisor shall be Brian Griesbach. i. The Tabulation Supervisor shall prepare, test and run the County’s tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Election Officer. ii. The Public Logic and Accuracy Test and Hash Validation of the electronic voting system shall be conducted in accordance with Texas Election Code. The Contracting Election Officer will post the required Notice of Logic and Accuracy Testing and Hash Validation. iii. Election night reports will be available to the Participating Political Subdivision at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with State law. iv. The Contracting Election Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide canvassing documents to the Participating Political Subdivision as soon as possible after all returns have been tallied. v. The Contracting Election Officer shall be appointed as the custodian of the voted ballots and shall retain all election materials for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. f. The Contracting Election Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Participating Political Subdivision in a timely manner. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201 of the aforementioned code. 3. DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISION a. The Participating Political Subdivision shall assume the following duties: i. The Participating Political Subdivision will prepare, adopt, and publish all legally required election orders, resolutions, and other documents required by, or of, their governing bodies. The Participating Political Subdivision are required to send Collin County Elections Department a copy of any election order or resolution related to this Joint Election within three business days of publishing, adopting or ordering it. ii. The Participating Political Subdivision shall provide the Contracting Election Officer with an updated map and street index of their jurisdiction in an electronic (PDF and shape files preferred) or printed format as soon as possible but no later than Tuesday, February 3, 2026. iii. The Participating Political Subdivision shall procure and provide the Contracting Election Officer with the ballot layout and Spanish translation in an electronic format. 1. The Participating Political Subdivision shall deliver to the Contracting Election Officer as soon as possible, but no later than 5:00 p.m. Monday, February 23, 2026, the official wording for the Participating Political Subdivision’s May 2, 2026 Joint Election. 2. The Participating Political Subdivision shall approve the ballot proofs format within 24 hours of receiving the ballot proof and prior to the final printing. DRAFTPage 76 Item 10. 5 a. If the Participating Political Subdivision fails to approve the ballot proofs within 24 hours of receiving the proofs, the Contracting Election Officer will presume that the ballot proofs have been approved by the Participating Political Subdivision. Any costs incurred by making any changes to the ballot (designing, printing, programming, etc.) from this point forward will be the responsibility of the Participating Political Subdivision. iv. The Participating Political Subdivision shall compensate the Contracting Election Officer for all associated costs including any additional verified cost incurred in the process of running this election or for a manual recount, this election may require, consistent with charges and hourly rates shown on “Exhibit C” for required services. 1. The charges incurred during the manual recount are outlined in Sec. 212 of the Texas Election Code. b. The Participating Political Subdivision shall pay the Contracting Election Officer 90% of the estimated cost to run the said election prior to Friday, March 27, 2026. The Contracting Election Officer shall place the funds in a “contract fund” as prescribed by Section 31.100 of the Texas Election Code. The deposit should be made payable to the “Collin County Treasury” with a note “For election services” included with the check documentation and delivered to the Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071. c. The Participating Political Subdivision shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. Additionally, all payments in excess of the final cost to perform the election will be refunded to the Participating Political Subdivision. 4. COST OF SERVICES. a. See “Exhibit C”. b. Note: A Participating Political Subdivision shall incur a minimum cost of $3,850.00 to conduct a joint election with the Collin County Elections Department. 5. RUNOFF ELECTIONS a. Each Participating Political Subdivision shall have the option of extending the terms of this contract through its Runoff Election, if applicable. In the event of such Runoff Election, the terms of this contract shall automatically extend unless the Participating Political Subdivision notifies the Elections Administrator in writing within 3 business days of the original election. b. Each Participating Political Subdivision shall reserve the right to reduce the number of Early Voting polling locations and/or Election Day vote centers in a Runoff Election. If necessary, any voting changes made by a Participating Political Subdivision between the original election and the Runoff Election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. c. Each Participating Political Subdivision agrees to order any Runoff Election(s) at its meeting for canvassing the votes from the May 2, 2026 Joint Election, and to conduct its drawing for ballot positions at, or immediately following, such meeting in order to expedite preparations for its Runoff Election. d. Each Participating Political Subdivision eligible to hold Runoff Elections after the May 2, 2026 Uniform Election Date agrees that the date of a necessary Runoff Election shall be held in accordance with the Texas Election Code, which will be Saturday, June 13, 2026. DRAFTPage 77 Item 10. 6 6.GENERAL PROVISIONS a.Nothing contained in this Election Services Contract shall authorize or permit a change in the officer with whom, or the place at which any document or record relating to the Participating Political Subdivision’s May 2, 2026 Joint Election are to be filed, or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. b.Upon request, the Contracting Election Officer will provide copies of all invoices and other charges received in the process of running said election for the Participating Political Subdivision. c.If the Participating Political Subdivision cancels their elections pursuant to Section 2.053 of the Texas Election Code, the Participating Political Subdivision shall pay the Contracting Officer a contract preparation fee of $75.00 and will not be liable for any further costs incurred by the Contracting Officer. d.The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas.DRAFTPage 78 Item 10. THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES This CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions, herein referred to as “participating authority or participating authorities” located entirely or partially inside the boundaries of Denton County: Participating Authorities: This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 2, 2026 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a General or Special Election on May 2, 2026. The County owns the Hart InterCivic Verity Voting System, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions (participating authorities) desire to use the County’s voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all parties, IT IS AGREED as follows: I. ADMINISTRATION The participating authorities agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. DRAFTPage 79 Item 10. It is understood that other political subdivisions may wish to participate in the use of the County’s Verity voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating authority and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Exhibit A. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2020 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling DRAFTPage 80 Item 10. place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code and will take the necessary steps to ensure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Election judges and clerks who attend in-person voting equipment training and/or procedures training shall be compensated at a flat rate of $78. Election judges and clerks that elect to complete online training shall be compensated at a rate of a flat $50. In the event that an Election judge or clerk completes both in-person and online training, they shall be compensated for the training resulting in the highest pay and will not be compensated for both trainings. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying them of their appointment, the dates/times and locations of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per week, if applicable. The election judge, or their designee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Likewise, the Presiding Judge in Early Voting, or their designee, will receive an additional sum of $25.00 for picking up the election supplies prior to the first day of Early Voting and for returning the supplies and equipment to the Elections Department after Early Voting has ended. The compensation rates established by Denton County are: Early Voting – Presiding Judge ($20.73/hour), Alternate Judge ($19.35/ hour), Clerk ($17.97/ hour) Election Day – Presiding Judge ($20.73/hour), Alternate Judge ($19.35/ hour), Clerk ($17.97/ hour) The Elections Administrator may employ other personnel necessary for the proper administration of the election, as well as, pre and post-election administration. In such cases, costs shall be pro- rated among participants of this contract. Personnel working in support of full-time staff will be expensed on a pro-rated basis and include a time period of one week prior to the election, during the election, and one week post-election. Personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. DRAFTPage 81 Item 10. If elections staff are required outside of the hours of the office’s normal scope of business, the entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator will determine when those hours are necessary, the number of staff and who are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff's hourly rate (See Section XV #9). The Elections Administrator has the right to waive these costs as they see fit. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for delivery of all election supplies and voting equipment including, but not limited to, the County’s Verity voting system and equipment, official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. Any additional required materials (required by the Texas Election Code) must be provided by the participating authority, and delivered to the Elections Office thirty-three (33) calendar days (March 30, 2026) prior to Election Day. If this deadline is not met, the material must be delivered by the participating authority, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the voting equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Said list must be provided to the Elections Office within three (3) business days following the last day to file for a place on the ballot or after the election is ordered, whichever is later. The list of candidates and/or propositions must be completed on the ballot language form provided by the Elections Administrator, the information will preferably be in sentence case format, and must contain candidate contact information for the purposes of verifying the pronunciation of each candidate’s name. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority’s candidates and/or propositions. The approval must be finalized with the Elections Office within five (5) calendar days of the receipt of the proofs, or the provided proofs shall be considered approved. DRAFTPage 82 Item 10. The joint election ballots shall list the County’s election first. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged with the Central Appraisal District, then the appropriate school district ballot content appearing on the ballot, followed by the appropriate city ballot content, and followed by the appropriate water district or special district ballot content. Early Voting by personal appearance and on Election Day shall be conducted exclusively on Denton County’s Verity voting system including provisional ballots. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authorities shall serve in that capacity without additional compensation. Exhibit A of this document includes locations, dates, and times that voting will be held for Early Voting by personal appearance. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. All requests for temporary branch polling places will be considered and determined based on the availability of the facility and if it is within the Election Code parameters. All costs for temporary locations including coverage by Election Administration staff will be borne by the requesting authority. The Elections Administrator will determine when those hours are necessary, the number of staff and who are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff’s hourly rate (See Section XV #9). The Elections Administrator has the right to waive these costs as they see fit. The standard dates and hours for the May 2, 2026 election will be as follows: Monday, April 20; 8am – 5pm Tuesday, April 21; No Voting – San Jacinto Day (State Holiday) Wednesday, April 22 through Saturday, April 25; 8am – 5pm Sunday, April 26; 11am-5pm Monday, April 27 through Tuesday, April 28; 7am-7pm DRAFTPage 83 Item 10. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Email: elections@dentoncounty.gov Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots that are sent by a contract carrier (i.e. UPS, FedEx, etc.) shall be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A100 Denton, TX 76208 Email: elections@dentoncounty.gov The Elections Administrator shall post on the county website, the participating authority’s Early Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the daily roster showing the previous day’s early voting activity will be posted no later than 11:00 am each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint an Alternate Judge and one or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Brandy Grimes, Deputy Elections Administrator Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator DRAFTPage 84 Item 10. Presiding Judge: Early Voting Ballot Board Judge Alternate Judge: Early Voting Ballot Board Alternate Judge The counting station manager or their representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated by posting on the Elections Administrator's Election Night Results website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and members of the general public by distribution of hard copies at the central counting station (if requested) and by posting to the Elections Administrator's Election Night Results website. To ensure the accuracy of reported election returns, results printed on the reports produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection locations or from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating authorities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or their designee, of the date of the canvass, no later than three days after Election Day. The Elections Administrator shall be responsible for conducting the post-election hand recount audit required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside of Denton County agrees that the Elections Administrator shall administer only the Denton County portion of those elections. On a case-by-case basis, the Elections Administrator may consider administering an entities election for portions outside of Denton County. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within three (3) business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. DRAFTPage 85 Item 10. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be determined by the Secretary of State, with early voting being held in accordance with the Election Code. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of general expenses, which are not directly attributable to an individual polling location, will be expensed by each participating authority’s percentage of registered voters of the total registered voters of all participating authorities. Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs associated with each early voting location. Each participating authority shall be responsible for an equal portion of the actual costs associated with the early voting locations within their jurisdiction. Participating authorities that do not have a polling location within their jurisdiction shall pay an equal portion of the nearest polling location. If an entity requests an Early Voting location outside of their jurisdiction and the request is granted, the participating authority shall be responsible for an equal portion of the actual cost associated with the early voting location requested. Election Day location expenses will be allocated based on each participating authority’s percentage of registered voters assigned to each polling place. In the event that participating authorities with overlapping boundaries cannot make an agreement on Early Voting and/or Election Day locations, the requesting participating authority agrees to bear the entire expense of the location. Final determination of Early Voting and/or Election Day locations will be confirmed by the Elections Administrator. Each participating authority requesting additional hours, outside of the standard hours, for a location or locations, agrees to split the cost of the additional open hours equally amongst the requesting participating authorities. Costs for Early Voting by mail, in-person ballots, ballots, provisional ballots, and Poll Pad paper shall be allocated according to the actual number of ballots issued to each participating authority’s voters and the cost shared equally amongst participating authorities of each ballot style. Each participating authority agrees to pay the Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. DRAFTPage 86 Item 10. The Elections Administrator reserves the right to adjust the above formulas in agreement with an individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and/or fewer than 500 registered voters in Denton County, and that do not have an Election Day polling place or early voting location within their Denton County territory shall pay a flat fee of $750 for election expenses. Election expenses, including but not limited to, overtime charges for Election Office staff, and any unforeseen expenses needed to conduct the election, will be borne by the participating authority or authorities, affected. The fee for programming each participating authority’s election will be based on the number of races within their election. The fee schedule is as follows: XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fees, if applicable. It is agreed that any of the joint election early voting locations that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting location at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such location(s). In the event that any early voting location is eliminated under this section, as addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. Programming Fees Number of Races DCEA fee 1-5 $750.00 6-10 $1,265.00 11-20 $1,650.00 21-40 $2,090.00 41-75 $2,640.00 76-100 $3,135.00 DRAFTPage 87 Item 10. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the appropriate participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the office of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor, and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. DRAFTPage 88 Item 10. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments to this agreement shall be of no effect unless in writing and signed by all parties hereto. 9. Failure for a participating authority to meet the deadlines as outline in this contract may result in additional charges, including but not limited to, overtime charges, etc. Elections Staffing Hourly Rate (includes all benefit pay): Absentee Voting Coordinator $38.542 Voter Registration Clerk $35.140 - $38.991 Technology Resources Coordinator $52.767 Elections Technician $34.006 - $36.033 Voter Registration Coordinator $43.568 Training Coordinator $52.523 Election Coordinator $36.886 XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 2, 2026 election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. DRAFTPage 89 Item 10. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: Entities Estimates v.0526 DRAFTPage 90 Item 10. THIS PAGE INTENTIONALLY BLANK. DRAFTPage 91 Item 10. Page 1 of 18 TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM Election Calendar For a City’s General Election on May 2, 2026 (dated January 27, 2026)1 Abbreviations are the same as those in the Texas Municipal Election Law Manual (6th edition) [M] with a green cover. SOS form numbers are provided as a convenience not a requirement. This calendar presumes that SB 2753 will NOT be implemented in May 2026. SB 2753 eliminates the gap between early voting by personal appearance and election day and changes the early voting period, among other things highlighted in yellow in this calendar for purposes of discussion. The Secretary of State will implement SB 2753 after publishing a report about how to implement the bill no later than August 1, 2027. Runoff dates appear in green rows. This calendar does not apply to all elections. For example, to prepare a calendar for a special election to fill a vacancy in office (even one on a uniform election date), see M §12.03; for a special election on a measure, see M §12.12. This calendar omits actions that vary from one city to another (for example, preparation of voting equipment). Each city secretary should use the chart at M §1.62 to create a personal election calendar. Dates in column 1 are 2026 unless noted otherwise. Actions in column 2 relate to general elections (those in italics pertain to early voting). Actions are typically taken by the city secretary; deviations appear in column 3. Column 4 is a cross reference to the Elections Manual. If this cross reference includes a year, then refer to the updated page, not the originally printed one. “ED Interval” in column 5 is the time between the date of the action and election day. For example, the notation “-50” in the entry for March 13 means mandatory office hours begin the 50th day before election day; the notation “+40” in the entry for June 11 means that the LAST DAY for mandatory office hours is the 40th day after election day. (For office hours on holidays, see endnote 6 regarding new law). An asterisk (*) in column 5 indicates the time stated is not required by statute; recommendations are not mandatory. Not all due dates revolve around election day and are so noted. The last column has been reserved to show completion of the event in column 2. A dashed line in the table between entries indicates separate events that fall on the same day. When reading the Election Code, read the chapter and subchapter titles to determine if the section applies to cities. Not all sections apply. Note that counties cannot order elections of their own in May of even-numbered years and may decline to contract with cities at that time. 1 Changes from 1/10/26 version: Early voting on San Jacinto Day (April 21) is not required. Page 92 Item 10. Page 2 of 18 Date Action By or With Whom Taken M § ED Interval Done Dec 15 2025 LAST DAY to post on the city’s bulletin board notice of the filing period for the general election (SOS Form 2-1). City Secretary 2.13(d)(1) -138 (30 days before 1st day to file) Jan 1 2026 New Year’s Holiday. FIRST DAY voters may apply for a ballot by mail (ABBM), for an Annual ABBM, or for a Federal Postcard Application (FPCA). Note: The first day does not move despite the New Year’s Day holiday. See ED – 11 days for end of period. City Secretary 9.44(a) 1st day of the year Jan 2 Recommended* period to obtain forms: candidate’s application for place on ballot, appointment of campaign treasurer (candidate and specific-purpose committee), report of contributions and expenditures (candidate- officeholder and specific-purpose committee), application for mail ballot, administrative forms, and precinct forms. City Secretary 5.31 *-120 Jan 2 to Jan 23 Recommended* period to review M §1.62 for possible action: Steps 1-5 (revising election precincts, designating polling places, changing method of voting, and contracting, if any) and Step 12 (establishing or changing terms of election judges). City Secretary and City Council 1.62 *-120 through *-99 Jan 14 FIRST DAY for filing application for place on general election ballot (SOS Form 2-49). Note: Filing for a general election may occur before the election is ordered (as opposed to a special election). Period ends at 5 p.m. ED – 78 days. City Secretary 2.13(a) 2.14(a) -108 (30 days before filing dead- line) Jan 14 FIRST DAY for filing declaration of write-in candidacy (SOS Form 2-55). Note: Period generally ends at 5 p.m. ED – 78 days. See that date for exception. City Secretary 2.18(b) -108 Jan 15 LAST DAY for timely filing of semi-annual report of contributions and expenditures. Note: See endnote 6. City Secretary 3.12(b) 3.16 n/a Jan 19 Holidays: Confederate Heroes and Martin Luther King, Jr. Note: Mandatory office hours not yet effective. See endnote 6. EC 1.52, 6.80 n/a Page 93 Item 10. Page 3 of 18 Date Action By or With Whom Taken M § ED Interval Done Jan 20 to Feb 13 Recommended* period and statutory deadline for ordering a general election (SOS Form 1-2). Note: While the 6th edition of the manual recommends ordering shortly before the opening of the filing period for the general election, there is no statutory “first day” to order a general election, and an order can be made when convenient (meaning as early as you want). However, to avoid confusion, wait until after the prior election and runoff. Sometimes the phrase “calling” election is used. The deadline may be different for a special election. See endnote 2 for mock student elections. Home-rule cities see endnote 3. Cities contracting should informally notify their contracting partners as soon as possible. Mayor 6.03 *-102 through -78 Feb 2 LAST DAY for small city in small county to apply for exception to accessibility requirements (SOS Form 16-1). Note: Because the deadline falls on Sun, it moves to Mon. City Secretary to SOS 5.25(c) -90 Feb 10 midnight Death and ballot preparation: If a candidate dies on or before this date, the City Secretary MUST remove the candidate’s name from ballot. Note: If a candidate dies after this date but on or before the filing deadline, see endnote 4. City Secretary 6.23(c) -81 [day before day before filing deadline (3rd day)] Feb 13 LAST DAY for ordering a general (SOS Form 1-2) or a special election (SOS Form 1-8) for the May uniform date. Note: See endnote 2 for student elections. Home-rule cities see endnote 3. Mayor 6.03 -78 Feb 13 5 p.m. LAST DAY for filing application for place on general election ballot (SOS Form 2-49). Note: City Secretary’s office should stay open until 5 p.m. Mailed applications are filed when received. For deceased candidates, see endnote 4. If no candidate has filed in a city with 4-year terms, the filing deadline is extended to ED – 57 days (except in Nov. of even-numbered years). A home-rule charter may not change this date. City Secretary 2.13(a) 6.23(c) -78 Page 94 Item 10. Page 4 of 18 Date Action By or With Whom Taken M § ED Interval Done Feb 13 Recommended* first day to provide 4-day notice of drawing to candidate. Note: Only written notice by mail is required 4 days before the drawing, but phone or email notice should follow the same timeline. Public notice must be posted (SOS Form 3-1) 72 hours before date of drawing. This 72-hour time is required by the EC, not the Open Meetings Act. City Secretary 6.22(a)(2) *-78 Feb 16 President’s Day Holiday. Recommended* first date for preliminary work to appoint election judges. Note: Mandatory office hours not yet effective. See Endnote 6. City Secretary 7.01 *-75 Feb 16 Recommended* first day to post public’s 72- hour notice of drawing for order of names on ballot (SOS Form 3-1). City Secretary 6.22(a) *-75 Feb 17 5 p.m. LAST DAY for a write-in candidate to declare candidacy in the general election (SOS Form 2-55). Note: City Secretary’s office should stay open until 5 p.m. Mailed applications are filed when received. For deceased candidates, see endnote 4. City Secretary 2.18(b) -74 Feb 18 Recommended* date to deliver the certification of unopposed candidates to city council if a candidate does not have an opponent in an election considered to be a separate election (SOS Form 13-1). City Secretary 6.12 *-73 Feb 19 to Feb 23 Recommended* period to conduct drawing for order of names on ballot, prepare ballot format, and send information to the printer. Note: Notice of drawing (SOS Form 3-1) must be posted 72 hours before drawing. This 72-hour time is required by the EC, not the Open Meetings Act. Ask candidates to proof their names and offices. City Secretary 6.22(b) 6.25 6.26 *-72 through *-68 Page 95 Item 10. Page 5 of 18 Date Action By or With Whom Taken M § ED Interval Done Feb 20 5 p.m. LAST DAY for omitting a general election candidate’s name from the ballot if the candidate withdraws (SOS Form 2-66) or is declared ineligible. Note: The city secretary’s office should stay open until 5 p.m. A withdrawal after this date is valid if it is submitted before the ballots are prepared AND if the public notice of the logic and accuracy test has not been “published.” NEW LAW: SB 2166 (2025) requires L&A testing at least 48 days before election day and notice posted (not published) at least 48 hours before then. Per EC §145.092(e), EC §1.006 does not apply to withdrawal deadlines. City Secretary 6.23(c) 2.31(b) 2.33(d) -71 Feb 20 Recommended* first day to cancel a general election (SOS Form 13-2). Note: Unopposed races must be cancelled if no opposed at-large race is on the ballot. General elections cannot be cancelled until after the write-in deadline. City Council 6.13 *-71 Mar 2 Texas Independence Holiday. Note: Mandatory office hours not yet effective. See endnote 6. EC 1.52, 6.80 n/a Mar 3 to at least May 3 Texas Ethics Commission will defer an investigation of candidates until after the election any applicable runoff. City Secretary Texas Ethics Commission 3.01(b)(2) -60 through ED or runoff Mar 3 LAST DAY to deliver notice of the election to the county clerk and voter registrar of each county where the city is located. Note: This is not the publication or posting deadline. For counties with elections administrators, notice goes to them. This notice is due even if the city does not contract with the county. City Council (City Secretary) 6.54(a) -60 Mar 3 Recommended* day to contact the county to get the initial list of voters who submitted annual applications for ballot by mail (ABBM). City Secretary 9.43 *-60 Page 96 Item 10. Page 6 of 18 Date Action By or With Whom Taken M § ED Interval Done Mar 6 5 p.m. Extended deadline to file for a place on the ballot in a city office having a 4-year term if no candidate files by ED – 78 days. Note: This extension is not applicable in Nov. of even- numbered years. City Secretary 2.13(b) -57 Mar 9 to Mar 20 Recommended* period for appointing election judges (SOS Forms 4-15, 4-16, 4-17) plus members of the EVBB (SOS Forms 4-19) and SVC (SOS Form 10-12, 10-13, 10-14). Note: Home- rule cities see endnote 3. The SVC cannot meet until ED – 20 days. The EVBB can meet any time after ballots are returned and no later than ED – 9 days. City Council 7.42(a)(2) 7.23-.24 7.33-.34 *-54 through *-43 Mar 12 Recommended* date to print ballots that have been prepared earlier. City Secretary 6.25 *-51 Mar 13 FIRST DAY of mandatory office hours. Note: City Secretary’s office must be open at least 3 hours a day during regular office hours on regular business days. Period ends ED + 40 days. See endnote 6. City Secretary 6.80(a) -50 Mar 13 LAST DAY for a challenge of a candidate application based on form, content, and procedure. City Secretary 2.16(d) -50 Mar 16 LAST DAY to conduct logic & accuracy testing and test any automatic tabulating equipment used in a central counting station or polling place. Note: NEW LAW SB 2166 (2025). If testing cannot be done by this date, the SOS must be notified. Expect changes to SOS Forms 15-1 to 15-8. Notice for testing equipment must be posted on the city’s website at least 48 hours before testing begins. Tabulators used in a central counting station must be tested again before and after each use. Because the deadline falls on Sunday, it moves to Monday. City Secretary 6.63(d)(1) 6.63(d)(2) 6.64(c) -48 Page 97 Item 10. Page 7 of 18 Date Action By or With Whom Taken M § ED Interval Done Mar 18 LAST DAY to mail ballots to FPCA voters and other voters who are eligible for early voting because they are voting from outside the U.S. Note: If it is not possible to mail these ballots by this deadline, the City Secretary must notify the SOS within 24 hours. SOS does not apply EC §1.006 to this deadline. Respond to FPCA applications received after this date within 7 days (the same as non-FPCA applications). Rosters must be posted to website by 11 a.m. on the following day (SOS Forms 5-7 & 6-55). City Secretary 9.49(b) 9.82 -45 Mar 31 Cesar Chavez Holiday. Note: See endnote 6 for impact on office hours. EC 1.52, 6.80 n/a Apr 2 5 p.m. LAST DAY for filing first report of campaign contributions and expenditures by opposed candidates and specific-purpose committees. Note: City Secretary’s office should stay open until 5 p.m. The deadline is extended to midnight for electronic filing. See endnote 5 for current threshold dollar amounts. City Secretary 3.13(b) -30 Apr 2 LAST DAY for submitting voter registration application in time to vote at the election or for requesting transfer of registration in time to vote in new precinct not in the same county and territory. Registrar 4.07(f) 4.07(g) -30 Apr 2 to Apr 22 Period for publishing notice of election (SOS Form 1-14). Note: Must be published once; perhaps more for a special election on a measure. The city attorney may apply EC §1.006 to publication deadlines, but the SOS does not. Home-rule cities see endnote 3. Mayor 6.52(a) -30 through -10 Apr 2 FIRST DAY to begin posting continuous notice if SVC meets on first available date (ED – 20 days). Note: The city council appoints (SOS Form 10- 13) not later than 5 days after the City Secretary calls for appointment (SOS Forms 10-12). Post notice of appointment (SOS Form 10-14), notice of delivery (SOS Form 10-15), and notice of meeting (SOS Form 10-16). City Secretary City Council 6.70(a) 7.33 7.34 -30 Apr 2 Recommended* last day to request voter registrar to prepare lists of registered voters and furnish statement of residence forms to be used in conducting the election. City Secretary 4.34(a) *-30 Apr 3 Good Friday Holiday. Note: See endnote 6 for impact on office hours. EC 1.52, 6.80 n/a Page 98 Item 10. Page 8 of 18 Date Action By or With Whom Taken M § ED Interval Done Apr 11 (Apr 10 recom- mended) LAST DAY for posting notice of election (SOS Form 1-14) on the bulletin board used for posting notices of city council meetings and website. Note: For cities conducting special elections on measures, additional posting and publication requirements may apply. Home-rule cities see endnote 3. City Secretary 6.52(b) 12.15(e) -21 through ED Apr 12 (Apr 10 recom- mended) Type B cities: LAST DAY to post notice of election in 3 public places (SOS Form 1-14). Note: EC §1.006 does not apply to this LGC deadline; the better practice is to post before the weekend. City Secretary 6.52(b)(3) -20 Apr 12 FIRST DAY SVC may begin work. Note: EC §1.006 does not apply to the starting date. EC §87.0271 requires SVC to inform voters of certain defects in the carrier envelope within 2 days of identification (SOS Forms 10-28 to 10-32). City Secretary 6.70(a) 6.72 -20 Apr 13 LAST DAY for unregistered FPCA applicant to apply and be eligible to vote a full ballot. Note: Because the deadline falls on Sun., it moves to Mon. for postmarked FPCAs. City Secretary 9.61(a) -20 Apr 13 to Apr 21 Period when unregistered FPCA applicants receive a federal ballot only. Note: This may mean no ballot is sent. City Secretary 9.61 9.68(a) chart -19 through -11 Apr 17 LAST DAY to accept an FPCA without a postmark and mail the voter a full ballot. Note: The voter only gets a federal ballot if checking “my intent to return is uncertain” or “my return is uncertain.” City Secretary 9.66(b) -15 Apr 17 LAST DAY to notify judges of duty to hold the election (SOS Form 4-17). Mayor 7.44(a) -15 Apr 17 LAST DAY to challenge write-in candidate for form, content, and procedure. City Secretary 2.18(f) -15 Apr 20 FIRST DAY a voter who becomes sick, disabled, or confined due to childbirth on or after this date may apply for late (emergency) early voting ballot (SOS Form 5-32. Note: Period ends at 5 p.m. on ED. For uniform election dates, the calculation is ED – 12 days, but for other elections, the period starts the day before the last day to apply for a ballot by mail. EC § 1.006 does not apply to first day. Voter 9.73 -12 Page 99 Item 10. Page 9 of 18 Date Action By or With Whom Taken M § ED Interval Done Apr 20 LAST DAY to accept any type of application for a ballot to be voted by mail, by 12 noon or close of business, whichever is later. Note: If the deadline falls on a Sat, Sun, or legal holiday, then personal delivery must be the first regular business day preceding that day. EC § 84.007(c). This year, the deadline falls on San Jacinto Day, moving it back to Monday. Originals are due 4 days after fax or email (except emailed FPCA). City Secretary 9.44(b)(1) 9.45(b-c) 9.68(b) chart -11 (-12 due to holiday) Apr 20 FIRST DAY for early voting by personal appearance. Note: If the first day is a legal state holiday, it moves to the next day. EC § 85.005(a). If voting will be conducted on Sat. or Sun., notice of same must be posted at least 72 hours before such voting begins (SOS Form 5- 15). This 72-hour notice is required by the EC, not the Open Meetings Act. Rosters (SOS Form 5-6) must be posted by 11 a.m. on the day after voting. Period ends ED -4 days. The EV period in Nov. is ED -17. City Secretary 9.14 -12 SB 2753 Early Voting Period Default rule = ED -12. May and its runoff = ED -9 SB 2753 Early Voting Hours (6 a.m. – 10 p.m.) Weekend and holiday voting is mandatory. Main EV/permanent branch (satellite office): 9 hours each day or 4 hours if less than 1,000 registered voters. Temporary branches: 8 hours each day. November: 12 hours the last 4 days except 9 on Sundays. SB 2753 Early Voting Polling Places All early voting locations must be used on ED; however, there may be more polling places on ED. November: Local entities must match the county and cannot add an EV location not used by the county on ED. Apr 21 San Jacinto Holiday. Note: No voting by personal appearance. EC § 85.001, § 85.005(a-b). See EC § 84.007(c): when the deadline for applications for ballot by mail fall on this holiday, the deadline moves to the preceding business day. EC 1.52, 6.80 n/a Apr 22 LAST DAY for county clerk or election administrator to deliver final list of voters that submitted an annual ABBM. Note: Because the deadline falls on San Jacinto Day, it moves to Wed. City Secretary 9.43(a)(1) -11 Apr 22 LAST DAY to publish notice of election (SOS Form 1-14). Note: The city attorney may apply EC §1.006 to publication deadlines, but SOS does not. Home-rule cities see endnote 3. Mayor 6.52(a)(1) -10 Page 100 Item 10. Page 10 of 18 Date Action By or With Whom Taken M § ED Interval Done Apr 23 If the EVBB has not yet met, it must do so by this date. Note: While the date the EVBB meets is now uniform regardless of county population, the EVBB may not count ballots until after the end of early voting by personal appearance unless there is a joint election in a county with population of 100,000 or more. 24-hour notice must be posted for each delivery of voting materials made before ED (SOS Forms 10-3 & 10-4). The board must provide notice of opportunity to cure certain defects in the carrier envelope within 2 days of identifying the deficiency (SOS Form 10-32). Early Voting Ballot Board 9.57(a)(2) [2024] 9.57(f)(2) 10.03 -9 SB 2753 starts early voting by personal appearance in May on ED -9. Large counties can start counting ballots by mail ED -4. EV by personal appearance cannot be counted until ED. Apr 24 5 p.m. or midnight LAST DAY for filing second report of campaign contributions and expenditures by 5 p.m. or midnight if filing electronically. Note: See endnote 5 for current monetary thresholds. Reports must be posted to the city’s website no later than 10 business days after receipt. City Secretary 3.13(c) -8 Apr 27 FIRST DAY for death in family to qualify for late (emergency) early voting (SOS Forms 5-28 & 5- 29). Note: While the death occurs on or after the day before the last day of early voting by personal appearance, the application cannot be submitted until the day after early voting by personal appearance ends. Voting by this method ends close of business the day before election day. City Secretary 9.73(a) -5 SB 2753 repeals emergency voting for death in the family. Apr 28 LAST DAY of regular early voting by personal appearance. City Secretary 9.11(b) -4 SB 2753 extends early voting by personal appearance to ED -1. Page 101 Item 10. Page 11 of 18 Date Action By or With Whom Taken M § ED Interval Done Apr 28 to May 2 7 p.m. Once early voting by personal appearance is over until 7 p.m. on ED, early voting materials may be delivered to the EVBB for qualifying purposes when paper ballots are used or automatically tabulated ballots are used at a central counting station. Note: Ballots may not be counted until election day, except if election is held jointly with a county of 100,000 or more. Post notice of delivery continuously 24 hours before each delivery (SOS Forms 10-3 & 10-4). Ensure that the counting equipment has been tested at least 48 hours before tabulation begins. City Secretary 9.57(a)(1) 9.57(a)(3) -4 through close of polls on ED SB 2753 repeals EC § 87.023 regarding delivery of automatically tabulated ballots at the CCS. Apr 29 FIRST DAY the EVBB may begin counting ballots in an election held jointly with a county having a population of 100,000 or more. Early Voting Ballot Board 9.57(a)(2) [2024] 9.57(f)(1) -3 April 29 LAST DAY to post notice of council meeting to canvass the returns if canvass will be on 3rd day after election. Note: Notice must be posted at least 3 business days before time of meeting. Due to late ballots that can be counted, a later canvass may be likely. City Secretary 11.13 -3 SB 2753 allows large counties to start counting ballots by mail ED -4. EV by personal appearance cannot be counted until ED. Apr 29 to May 1 Period to apply for late (emergency) early voting because of death in family (SOS Form 5-28 & 5- 29). Note: Requires absence from county on ED. City Secretary 9.73 -3 through -1 SB 2753 repeals emergency voting for death in the family. April 29 to May 2 5 p.m. Period to apply for late (emergency) early voting because of illness or disability originating on or after ED -12 days (SOS Form 5-32). Note: Application deadline ends at 5 p.m., but ballot can be returned until 7 p.m. City Secretary 9.72(b) -3 through E D SB 2753 moves the deadline for late (emergency) early voting to 5:00 p.m. on Election Day. May 1 LAST DAY to deliver precinct list of registered voters, with the early voting voters marked, to presiding judges. City Secretary 9.83(e) -1 May 1 One-year deadline to post certain candidacy information on the city’s website. Note: See endnote 1 (item 4). Continuous posting of notice of voting order priority (SOS form 7-38) is recommended. City Secretary 2.13(d)(2) next May election - 365 days Page 102 Item 10. Page 12 of 18 Date Action By or With Whom Taken M § ED Interval Done May 1 Recommended* date for delivery of equipment to polling places. Note: Statutory deadline is 6 a.m. on ED. City Secretary 6.65(b) *-1 May 2 7 a.m. to 7 p.m. ELECTION DAY. Note: Early voting clerk’s office must remain open for early voting activities. Voting by sick or disabled voters may occur at the main early voting place where electronic voting systems are used at precinct polling place (SOS Form 6-57). City Secretary 10.13(c)(1) ED May 2 Deliver early voting ballots, etc., to EVBB. Note: Second key to ballot box is delivered by chief of police or marshal. City Secretary Judge EVBB (sets time) 10.13(c)(1) 9.57(b)(1) ED May 2 5 p.m. LAST HOUR for late applications for ballots (SOS Form 5-32) from voters who became ill or disabled on or after ED -12 days. City Secretary 9.72(b) ED May 2 7 p.m. LAST HOUR for receiving ballots from voters who became ill or disabled ill or disabled on or after ED -12 days. City Secretary 9.72(b) ED May 2 7 p.m. LAST HOUR to receive mailed ballots with no postmark, except overseas and armed forces ballots and certain ballots placed for delivery before this deadline. Note: Check mailbox at 7 p.m. regardless of regular delivery schedule. See deadline ED +1 day. City Secretary 9.50(a) ED May 2 after 7 p.m. Receive precinct records, voted ballots, etc. Note: Chief of police or marshal receives keys to ballot boxes containing voted ballots. City Secretary Mayor 10.13(c) 10.32(d) ED May 2 after 7 p.m. Prepare unofficial tabulation of results. Note: Presiding judge must notify City Secretary if counting will not be complete by 2 a.m. City Secretary 10.34 10.32(b) ED May 4 5 p.m. LAST DAY to receive mailed ballots if the carrier envelope arrives before 5 p.m. and has a cancellation mark indicating it was placed for delivery at or before 7 p.m. local time for the place of election. Note: Because the deadline falls on Sun, it moves to Mon. This deadline applies to voters who applied for a ballot by mail and cast a by-mail ballot from within the U.S. Check your mailbox at 5 p.m. City Secretary 9.50(a) +1 May 4 LAST DAY to deliver provisional ballots to voter registrar of each county in which city is located. Note: Because the deadline falls on Sun, it moves to Mon. City Secretary 10.30(a)(2) +1 Page 103 Item 10. Page 13 of 18 Date Action By or With Whom Taken M § ED Interval Done May 5 to May 11 Period during which EVBB may meet to count ballots received from outside the U.S. if the early voting clerk certifies that all ballots mailed from outside the U.S. have been received. Note: The ED interval is +13 in Nov. of even numbered years. Early Voting Ballot Board 11.02 +3 through +9 May 5 to May 13 Recommended* period to complete report of early votes cast for each candidate or measure, by election precinct. Note: must occur before canvass. City Secretary 11.04(b) *+3 through *+11 May 5 to May 13 Period for official canvass. Note: ● TIMING: canvass may occur only if all FPCA and provisional ballots have been counted, and the time to cure any deficiencies in mailed ballot carrier envelopes has expired. ● PERIOD: 11 days except even Nov. (14 days). ● QUORUM: 2 but see runoff note. ● WINNER: cannot assume office (except Type A cities) until canvass & oaths. ● PIA: Images of voted ballots or cast vote records are publicly available the day after the canvass. See SOS Advisory 2024-20 for redaction guidance. ● RECOUNTS: petition is due 2 p.m. 1st day (expedited) or 5 p.m. 3rd day after canvass. ● RUNOFF (not a tie): order not later than 5 days after the canvass. It is recommended that the runoff be ordered and notice issued at the canvass meeting (which would require a normal quorum). Mayor (sets time) City Secretary (records results) City Council (takes action) 11.12 +3 through +11 SB 2753 requires the canvass to include the total number of votes received for each candidate and measure to be reported by polling location. May 5 to May 16 After canvass, recommended* period to issue certificates of election (SOS Form 23-1), official statement of elected officer (SOS Form 23-3), and oath of office (SOS Form 23-2). Note: If a recount is requested documents are not issued until after the recount. Mayor City Secretary 11.20 11.21 *+3 through *+14 Page 104 Item 10. Page 14 of 18 Date Action By or With Whom Taken M § ED Interval Done May 5 to May 26 Period for partial manual count of electronically counted ballots to begin not later than 72 hours after polls close and be completed by ED +21st day. Note: Because the deadline falls on Sat. and Mon. is Memorial Day, the deadline moves to Tue. This 72-hour time is mandated by the EC, not the Open Meetings Act. NEW LAW; SB 827 renames the partial manual count as the hand count election audit. City Secretary 11.31 +3 through +21 May 7 LAST DAY to receive a ballot from military or non-military voters casting from outside the U.S. who submitted an ABBM, IF cancellation mark indicates ballot was placed for delivery by 7 p.m. on ED. City Secretary 9.50(b)(1) 9.68 11.02 +5 May 8 LAST DAY to receive an FPCA ballot from a member of the U.S. Armed Services or Merchant Marines or a spouse or dependent of a member. Note: NO cancellation or receipt mark showing date placed for delivery is required on these ballots. City Secretary 9.50(b)(2) +6 May 8 LAST DAY for provisional voter to present ID to voter registrar or execute required affidavit (SOS Form 9-5). Voter Registrar 10.30(d) 9.26(d)(3) +6 May 8 LAST DAY for voter registrar to complete the review of provisional ballots. Note: The period is one day longer for elections in Nov. of even- numbered years. Voter Registrar 10.30(d) +6 May 8 LAST DAY for a vote-by-mail voter to cure certain deficiencies in the carrier envelope. Voter 6.72 +6 May 8 Type A cites: FIRST DAY elected officials may qualify and assume duties of office. Note: LGC §22.006 states 5th day after election not counting Sun. The resulting day is the 6th day after. Officials may not take office until the canvass is complete unless the election was cancelled. EC §1.006 does not apply. Candidate with City Secretary 11.23(a) +6 Doesn’t move May 9 FIRST DAY a mailed ballot can be rejected if (1) the carrier envelope was not properly executed or is missing a statement of residence, and (2) the signatures do not match; provided the voter has been notified. Note: EC §1.006 does not apply to first days. Early Voting Ballot Board 6.72 11.03(a) +7 Page 105 Item 10. Page 15 of 18 Date Action By or With Whom Taken M § ED Interval Done May 11 LAST DAY for the EVBB to convene for counting the provisional ballots or any mail ballots timely and properly received after ED. Note: This deadline is the 13th day for elections in Nov. of even-numbered years. Early Voting Ballot Board 11.01(b) +9 May 12 LAST DAY for presiding judge of EVBB to mail notices of rejected mail ballots to voters (SOS Form 6-2). Judge of EVBB 11.03(a) +10 May 13 LAST DAY for conducting the official canvass of the election. City Council 11.12 +11 May 14 LAST DAY to register to vote for the runoff of this May election. Voter Voter Registrar 4.07(f) 4.07(g) runoff-30 May 14 to Jun 3 Period to publish notice of the runoff election. Note: The runoff must be ordered first. See note for the canvass period. City Secretary 6.52(a) runoff-30 to runoff-10 May 15 to May 23 (May 22 recom- mended) Period when the notice of the outcome of provisional ballots must be mailed to voters (SOS Form 9-9). Note: EC §1.006 arguably does not apply to a timeframe set by rule, 1 TAC 81.176(e). Mon is Memorial Day. Accordingly, Fri is recommended. Judge of EVBB or City Secretary 11.01(f) Varies, by 10th day after canvass May 18 LAST DAY to make election records available in an electronic format for a fee of not more than $50.00. Note: Because the deadline is Sun, it moves to Mon. City Secretary 11.70(c) +15 May 25 Memorial Day Holiday. See endnote 6 for impact on mandatory office hours. EC 1.52, 6.80 n/a May 26 LAST DAY for mailing results of manual count to SOS. Note: The deadline is Sat and Mon is Memorial Day. See endnote 6. City Secretary 11.31(c) +21 Jun 1 Type A cities: LAST DAY elected officials may qualify and assume duties of office; if they fail to qualify by this day, the office is considered vacant. Candidate with City Secretary 11.23(a) +30 Jun 1 FIRST DAY of early voting in person for the runoff. Voter 9.11 runoff-12 SB 2753 shortens the start of early voting by personal appearance in May to ED -9. Jun 9 LAST DAY of early voting in the runoff. Voter 9.44 9.11 runoff-4 Page 106 Item 10. Page 16 of 18 Date Action By or With Whom Taken M § ED Interval Done SB 2753 extends the period for early voting by personal appearance in the May election to runoff day -1. Jun 11 LAST DAY of mandatory office hours. Note: SOS does not apply EC §1.006. City Secretary 6.80(a) +40 Jun 13 RUNOFF FOR MAY ELECTION Voter 12.01(d) set by SOS Jun 19 Juneteenth Holiday. Note: No impact on mandatory office hours, which ended earlier. EC 1.52, 6.80 n/a July 2 FIRST DAY for transfer of voted ballots from the locked ballot box to another secure container and make original voted ballots available City Secretary 11.70(e) +61 July 15 LAST DAY for timely filing of semiannual report of contributions and expenditures. City Secretary 3.12(b) 3.16(a) July 15 Mar 3 2028 Last day of preservation period for ballots and other precinct election records of city election, except for candidate applications. City Secretary 11.71(c) day after +22 months May 3 2028 Last day of preservation period for candidate applications and certain petitions. City Secretary 11.71(d) day after +2 years Endnotes 1. Any city imposing an ad valorem property tax must have a website. [Tax §26.18] The following information must be posted on a city’s website [M §2.13(d)]: (1) the city’s contact information, including a mailing address, telephone number, and e-mail address; (2) each elected officer of the city; (3) the date and location of the next election for officers of the city; (4) the requirements and deadline for filing for candidacy of each elected office of the city for the next election (posted one year prior to the date of that election); (5) notice of city council meetings; and (6) minutes of city council meetings. A city with population of less than 5,000 located in a county with population of less than 25,000 does not have to post (5) and (6). [GC §2051.201]. 2. The city’s governing body may choose to conduct a mock student election under EC §276.007. The major steps taken for a general election should be taken for a student election. The student election may be held on the first day before the election, but results must not be published until after the polls close on election day. Page 107 Item 10. Page 17 of 18 3. Follow home-rule city’s charter provision, if any. However, a home-rule city cannot alter the candidate filing deadline. [EC 143.005(a)]. 4. If a candidate dies on or before the filing deadline, the City Secretary MAY remove the candidate from the ballot, in which case, the filing deadline is extended 5 days. If that extended filing deadline for filing falls on a weekend or holiday, it moves to the next business day. Withdrawal deadlines after the extended filing deadlines will be impacted. 5. See Texas Ethics Commission rules [1 TAC §18.31] for the full list of reporting triggers and dollar amounts. The following is a summary of the most common amounts [M Ch. 3]: Page 108 Item 10. Page 18 of 18 Election Code § Threshold Description Original Amount 2025 Amount 2026 Amount 253.031(b) PAC: amount of contributions or expenditures before appointment of treasurer is required. $500 $1,080 $1,110 254.036 Electronic Filing Exemption: amount at or below which a filer may qualify. $20,000 $33,910 $34,890 254.095 Local officeholders, contributions: amount over which reporting is required. $500 $1,110 $1,140 254.181 254.182 254.183 Candidate or specific-purpose PAC, modified reporting: contribution or expenditure amount at or below which filers may avoid pre-election reports. $500 $1,110 $1,140 6. See M §1.52 & §6.80. Under EC §1.006, if a deadline falls on a Sat., Sun., or legal state/national holiday, the deadline moves to the next regular business day. Exceptions where the deadline moves to the first preceding regular business day: EC §84.007 (general rule for applications for ballot by mail); §86.0015 (deadline for certain ABBM based on disability). Under EC §85.001, early voting by personal appearance includes weekends and holidays unless the first day is one of these, moving the start date to the next business day. NEW LAW: HB640 defines a “regular business day” as the day when the city’s main office is regularly open for business. Thus, you do not need to conduct mandatory office hours on a city holiday such as Good Friday or the Battle of Flowers. The following are Election Code holidays unless noted otherwise in italics: Holidays in 2026 Date Day New Year’s Day January 1 Thu Confederate Heroes Day January 19 Mon Martin Luther King Jr. Day. (3rd Monday in January) January 19 Mon Presidents’ Day/Washington’s Birthday (3rd Monday in February) February 16 Mon Texas Independence Day March 2 Sun Cesar Chavez Day (not an Election Code holiday) March 31 Tues Good Friday (not an Election Code holiday) April 3 Fri San Jacinto Day April 21 Tues Memorial Day (last Monday in May) May 25 Mon Emancipation Day/Juneteenth June 19 Fri Independence Day July 4 Sat Lyndon Bains Johnson Day August 27 Thu Labor Day (1st Monday in September) September 7 Mon National Voter Registration Day (not an Election Code holiday) September 15 Tue Yom Kippur Sept 20 Sun Columbus Day/Indigenous Peoples Day (2d Monday in October) October 12 Mon Veteran’s Day November 11 Wed Thanksgiving Day (4th Thursday in November) November 26 Thu Friday after Thanksgiving November 27 Fri Day before Christmas (not an Election Code holiday) December 24 Thu Christmas Day December 25 Fri Day after Christmas (not an Election Code holiday) December 26 Sat Page 109 Item 10. Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Rifle-Resistant Body Armor Grant Program, FY2027 Grant Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution authorizing the Town Manager, and/or his designee, to apply for and accept (upon award) the Office of the Governor’s Public Safety Office Rifle-Resistant Body Armor Grant Program, FY2027, and to take any and all actions relating thereto. Description of Agenda Item: The Prosper Police Department requests authorization to apply for approximately $20,949.99 under the Rifle-Resistant Body Armor Grant Program, FY 2027. If awarded, the grant would fund the purchase of 56 rifle-resistant armor plates for sworn personnel. State funding for this program is authorized under the Texas General Appropriations Act, Article I, Rider 25, for Trusteed Programs administered through the Office of the Governor. All grant awards are contingent upon the availability of appropriated funds and are subject to any additional requirements or modifications imposed by law. The Public Safety Office (PSO) anticipates making approximately $3 million available statewide for FY 2027. The Prosper Police Department was previously awarded this grant in FY 2025, which funded the purchase of 35 rifle-resistant plates for officers. This FY 2027 application would allow the Department to continue enhancing officer safety through the acquisition of additional protective equipment. The grant application deadline is February 12, 2026. There is no required cash match, and the project would begin in Fiscal Year 2027 if awarded. As in prior years, the final grant award amount may be greater than or less than the amount requested. If the award is less than anticipated, the Police Department will adjust the number of rifle-resistant plates procured accordingly. If additional funds are awarded, the Department may seek authorization to procure additional plates consistent with the grant award. Budget Impact: There is no local match requirement. All funds are provided at 100 percent (100%) through the Office of the Governor’s Public Safety Office grant. POLICE DEPARTMENT Page 110 Item 11. Page 2 of 2 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. Quote 2. Resolution 3. Grant Approval Worksheet 4. Rifle-Resistant Body Armor Grant Program 2027 Town Staff Recommendation: Town Staff recommend the Town Council approve a Resolution authorizing the Town Manager, and/or his designee, to apply for and accept (upon award) the Office of the Governor’s Public Safety Office Rifle-Resistant Body Armor Grant Program, FY2027, and to take any and all actions relating thereto. Proposed Motion: I move to approve a Resolution authorizing the Town Manager, and/or his designee, to apply for and accept, upon award, the Office of the Governor’s Public Safety Office Rifle-Resistant Body Armor Grant Program, FY 2027, and to take any and all actions relating thereto. Page 111 Item 11. 005576 Master No. 0/0/0000 GT Distributors - Austin FACTORY DIRECT NET 15 Prosper, Town of (TX) 1 QTE0222146 Prosper, Town of (TX) 1/22/2026 KUNDAK 22JAN26 PTA 3,165,762 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page: Attn: Accounts Payable P.O. Box 307 Prosper TX 75078 801 Safety Way Attn: Jon Kundak PO #: MPH (512) 451-8298 Ext. 0000 1124 New Meister Ln., Ste 100 Pflugerville TX 78660 Prosper TX 75078 $342.50 $10,960.00 PTA-1347538*Impac C1 8X10 Multi Curve Shooters Cut EA 32 $410.00 $9,840.00 PTA-1347534*Impac C1 10X12 Multi Curve Shooters Cut EA 24 $0.00 $0.00 NOTES:Notes:EA 1 Quotation reflects BuyBoard Contract 698-23. Contract period 4/1/23-3/31/26. Email BuyBoard PO's to info@buyboard.com $0.00 $0.00 NOTES:Notes:EA 1 Quote is valid for 30 days. QUOTE # MUST BE REFERENCED ON PO. Freight may vary with quantity changes, reconsignment or lift-gate requirements. Kundak, Jon $20,800.00 $0.00 $0.00 $20,949.99 $149.99 JKundak@prospertx.gov We appreciate your business! Your salesperson was James. Subtotal Misc Tax Freight Total QUOTE IS GOOD FOR 30 DAYS. IN ORDER TO RECEIVE QUOTED PRICE PLEASE PRESENT A COPY OF QUOTE AT POINT OF SALE IN STORES OR REFERENCE QUOTE NUMBER ON PO OR REQUISITION Page 112 Item 11. Resolution No. 2026-XX, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 2026-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE TOWN TO SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR FOR FUNDS TO OBTAIN BODY ARMOR COMPLIANT WITH THE NATIONAL INSTITUTE OF JUSTICE (NIJ) STANDARD; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”), finds it in the best interests of the citizens of the Town that it apply for 2027 grant funds to obtain body armor compliant with the National Institute of Justice (NIJ) standard (Ballistic Resistance of Body Armor NIJ Standard - 0101.06) type III (rifles) or type IV (armor piercing rifle) body armor, including bullet-resistant vests, ballistic plates, and plate carriers; and WHEREAS, the Town agrees to provide applicable matching funds for the said project as required by the Office of the Governor grant application; and WHEREAS, the Town agrees that in the event of loss or misuse of the Office of the Governor funds, the Town will assure that the funds will be returned to the Office of the Governor in full; and WHEREAS, the Town designates the Grant Administrator as the grantee’s authorized official and said authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the Town; and WHEREAS, the Town designates the Budget Officer and Grants Administrator, as the grantee’s financial officer and said financial officer is given the power to submit financial and/or programmatic reports or alter a grant on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby approve the submission of the aforementioned grant application to the Office of the Governor. SECTION 3 This Resolution shall be effective from and after its passage by the Town Council. Page 113 Item 11. Resolution No. 2022-XX, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 10TH DAY OF FEBRUARY, 2026. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 114 Item 11. Prosper Grant Application Requirements Proposed Grant Opportunity: ________________________________________________________ _Justification: Briefly describe why the equipment or staffing position is warranted. Does the Town meet all grant requirements? If no, indicate outstanding requirements (i.e. establishment of a policy, passing of a resolution, etc.). A.Grant Details ___________________ 1. Total of the grant funds requested 2. Grant Deadline ___________________ B.Request for Equipment ___________________ ___________________ ___________________ ___________________ 1. Vehicle: VERF (years) Fuel, Recurring/Maintenance costs 2. Software Licensing 3. Performance Period 4. Is this equipment in your strategic plan? What Fiscal Year? 5. Matching Funds ___________________ C.Request for Staffing ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ 1. Meet with HR to obtain Salary and Benefits 2. Performance Period 3. Vehicle (Complete Section B) 4. Uniform Costs/Safety Equipment 5. Required Training 6. Licenses 7. Other (Phones, PCs, Office Supplies, IT/technology costs, etc.) 8. Is this position in your strategic/staffing plan? What Fiscal Year? 9. Matching Funds ___________________ D.Grant Writing and Grant Management Cost: ___________________ Cost: ___________________ 1. Department will be contracting the grant writing services. 2. Department will be contracting the grant management services. 3. Department will be handling the grant writing and grant management 4. Reporting Requirements: Monthly, Quarterly, Yearly?  Reporting Requirements: M ___________________ E.Grant Approval Review 1. Meet with Finance Director 2. Meet with Grants Administrator Coordinator F.Prepare and Route Manager’s Memorandum 1. Prepare the Manager’s Memorandum from the template on the Town’s Intranet. 2. Attach Town Attorney approval e-mail to Manager’s Memorandum. 3. Attach Prosper Grant Application Requirements to Manager’s Memorandum. 4. Route Manager’s Memorandum through your department’s approval process and send in a red envelope to the Grants Administrator. G.Approval Routing 1. Grant Committee Review (See attached) 2. Grants Administrator will route the Manager‘s Memorandum for final approvals. Prosper Police Department is requesting to apply for approximately $20,949.99 for the Rifle-Resistant Body Armor Grant Program, FY2027 grant. This grant would cover 56 rifle plates. State funds for these projects are authorized under the Texas General Appropriations Act, Article I, Rider 25 for Trusteed Programs within the Office of the Governor. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. The Public Safety Office (PSO) expects to make available $3M for FY2027. Prosper PD was awarded this grant in 2025 and 35 rifle plates were purchased for our officers. This grant will allow PPD to purchase additional rifle plates for our law enforcement personnel. The closing date for this announcement is February 12, 2026. There is no cash match. PPD would start this grant in FY 2027. $20,949.99 February 12, 2026. 10/01/26 -09/31/27 Yes/LEO. Continuing/2027 10/01/26 -09/31/27 $20,949.99 0 Quarterly 4 4 4 4 4 4 4 4 4 4 4 4 PPD Page 115 Item 11. 07/07/2022 Grant Committee Review Colin Ashby (Grants Admin.) Jay Carter (Purchasing Mgr.) Marcus Northcutt (Sr. Acct.) Tony Luton (HR) Leigh Johnson (IT) Dan Baker (Comm. Svcs.) David Hoover (Dev. Svcs.) Bill Bonny (FD) Hulon Webb (Infra. Svcs) Scott Brewer (PD) Yes No Absent N/A Prosper Grant Application Requirements Prosper Grant Committee Review Proposed Grant Opportunity: _________________________________________________________ x x x x x x x x x x Page 116 Item 11. Name:Rifle-Resistant Body Armor Grant Program, FY2027 Available 12/15/2025 Due Date 02/12/2026 Purpose: The purpose of this announcement is to solicit applications from law enforcement agencies to equip peace officers with rifle-resistant body armor. Available Funding: State funds for these projects are authorized under the Texas General Appropriations Act, Article I, Rider 25 for Trusteed Programs within the Office of the Governor. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. The Public Safety Office (PSO) expects to make available $3M for FY2027. Eligible Organizations: Applications may be submitted by the Texas Department of Public Safety, units of local government and educational institutions that operate law enforcement agencies employing peace officers under Article 2A.001, Texas Code of Criminal Procedure; including municipalities, counties, independent school districts, universities, federally recognized Native American tribes, community colleges, and hospital districts. All applications submitted by local law enforcement agencies/offices must be submitted by a unit of government affiliated with the agency, including an authorizing resolution from that unit of government. For example, police departments must apply under their municipal government, and community supervision and corrections departments, district attorneys, and judicial districts must apply through their affiliated county government (or one of the counties, in the case of agencies that serve more than one county). Application Process: Applicants must access the PSO’s eGrants grant management website at https://eGrants.gov.texas.gov to register and apply for funding. ***NEW APPLICATION SUBMISSION REQUIREMENT***Page 117 Item 11. The following documents must be submitted with the application for the application to be considered complete and eligible for funding. See the Eligibility Requirements and/or Program- Specific Requirements Sections of this Funding Announcement for more details on the requirements for each attachment/certification: Resolution from Governing Body - Applications from nonprofit corporations, local units of governments, and other political subdivisions must submit a fully executed resolution. CEO/Law Enforcement Certifications and Assurances Form - Each local unit of government, and institution of higher education that operates a law enforcement agency, must certify compliance with federal and state immigration enforcement requirements. Failure to submit the fully executed required attachment(s) by the application deadline may result in the application being deemed ineligible. Key Dates: Action Date Funding Anouncemtent Release 12/15/2025 Online System Opening Date 12/15/2025 Final Date to Submit and Certify an Application 02/12/2026 at 5:00PM CST Earliest Project Star t Date 09/01/2026 Project Period: Projects must begin on or after 09/01/2026 and may not exceed a 12 month project period. Funding Levels Minimum: None Maximum: None Match Requirement: None Standards Grantees must comply with standards applicable to this fund source cited in the Texas Grant Management Standards (TxGMS),Federal Uniform Grant Guidance, and all statutes, requirements, and guidelines applicable to this funding. Eligible Activities and Costs Funds may be used for obtaining body armor compliant with the National Institute of Justice (NIJ) standard (Ballistic Resistance of Body Armor NIJ Standard-0101.06) type III (rifles) or type IV Page 118 Item 11. (armor piercing rifle) body armor; including bullet-resistant vests, ballistic plates, and plate carriers. Due to the limited availability of funds, applicants are encouraged to consider the reasonable cost of their request. PSO will evaluate applications based on number of frontline peace officers and the average cost per vest. Program-Specific Requirements Eligible officers to equip. Grant funds may only be used to equip peace officers (as defined by Article 2.12, Texas Code of Criminal Procedure) directly employed by a law enforcement agency operated by the applicant. Funds may not be used to equip officers employed by other agencies that are not eligible to apply. PSO may prioritize the equipping of certain types of officers or applicants if the total requested funds exceed the funds appropriated by the Legislature. Required Agency Policies. As required by Chapter 772.0075, Texas Government Code, an eligible organization may apply for grant funds only after its law enforcement agency adopts a policy addressing the: 1) Deployment and allocation of vests or plates to its officers; and 2) Usage of vests or plates by its officers. PSO requires that the policy on usage of vests or plates include mandatory training on the proper care, fitting, inspection, use, storage, and maintenance of the armor. PSO also requires that the policy specify that body armor may not be left in patrol vehicles when an officer is not on duty to minimize the heat damage to the armor. In crafting these policies, applicants should be aware that the inspection, storage, and replacement of body armor were identified as potential points of failure in body armor use by the Police Executive Research Forum. See “A Practitioner ’s Guide To the 2011 National Body Armor Survey of Law Enforcement Officers” for more information. Personally Fitted Vest Requirement. All body armor vests purchased with grant funds must be personally fitted for individual officers, including vests specifically fitted to individual female law enforcement officers. “Personally fitted” does not require armor be individually manufactured based on the measurements of a specific wearer, but rather that it provide the best possible fit and coverage, through a combination of: 1) Correctly-sized panels and carrier, determined through appropriate measurement; and 2) Properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Page 119 Item 11. The American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003). The Personal Armor Fit Assessment checklist, is excerpted from ASTM E3003. Eligibility Requirements 1. Applications from nonprofit corporations, local units of governments, and other political subdivisions must submit a fully executed resolution with the application to be considered eligible for funding. The resolution must contain the following elements (see Sample Resolution): Authorization by your governing body for the submission of the application to the Public Safety Office (PSO) that clearly identifies the name of the project for which funding is requested; A commitment to provide all applicable matching funds; A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant; A designation of the name and/or title of a financial officer who is given the authority to submit financial and/or performance reports or alter a grant; and A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to PSO 2. Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the Cybersecurity Training Certification for State and Local Governments. A copy of the Training Certification must be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources Statewide Cybersecurity Awareness Training page. 3. Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. Page 120 Item 11. 4. Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. 5. In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS’s Sexual Assault Evidence Tracking Program website for more information or to set up an account to begin participating. Additionally, per Section 420.042 "A law enforcement agency that receives evidence of a sexual assault or other sex offense...shall submit that evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which that evidence was received." A law enforcement agency in possession of a significant number of Sexual Assault Evidence Kits (SAEK) where the 30-day window has passed may be considered noncompliant. 6. Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (“DHS”) to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency’s custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States, 8 U.S.C. § 1324(a)(1)(A)(iii); (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3); (3) encourage or induce an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv); (4) result in the illegal transport or movement of aliens within the United States, 8 U.S.C. § 1324(a)(1)(A)(ii) . Lastly, eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the CEO/Law Enforcement Certifications and Assurances Form certifying compliance with federal and state Page 121 Item 11. immigration enforcement requirements. This Form is required for each application submitted to OOG and is active until August 31, 2027 or the end of the grant period, whichever is later. 7. Eligible applicants must be registered in the federal System for Award Management (SAM) database and have an UEI (Unique Entity ID) number assigned to its agency (to get registered in the SAM database and request an UEI number, go to https://sam.gov/). Failure to comply with program eligibility requirements may cause funds to be withheld and/or suspension or termination of grant funds. Prohibitions Grant funds may not be used to support the unallowable costs listed in the Guide to Grants or any of the following unallowable costs: 1. Any costs ancillary to the purchase of eligible body armor, such as policy development, training costs, and staff; and 2. Any other prohibition imposed by federal, state or local law or regulation. Selection Process Application Screening: The Office of the Governor will screen all applications to ensure that they meet the requirements included in the funding announcement. Peer/Merit Review: The Office of the Governor will review applications to understand the overall demand for the program and for significant variations in costs per item. After this review, the Office of the Governor will determine if all eligible applications can be funded based on funds available, if there are cost-effectiveness benefits to normalizing or setting limits on the range of costs, and if other fair-share cuts may allow for broader distribution and a higher number of projects while still remaining effective. Final Decisions: The Office of the Governor will consider rankings along with other factors and make all final funding decisions. Other factors may include cost effectiveness, overall funds availability, or state government priorities and strategies, legislative directives, need, geographic distribution, balance of focuses and approaches, or other relevant factors. The Office of the Governor may not fund all applications or may only award part of the amount requested. In the event that funding requests exceed available funds, the Office of the Governor may revise projects to address a more limited focus. Contact Information For more information, contact the eGrants help desk at eGrants@gov.texas.gov or (512) 463-1919. Total Funds Page 122 Item 11. $3 Million Page 123 Item 11. Page 1 of 2 To: Mayor and Town Council From: Carrie Jones, Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Services Agreement – Public Works/Parks Service Center Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon ratifying an expenditure to Maya Underground Construction for the repair of a 12” water line at Dallas Parkway and Frontier Parkway in the amount of $180,670. Description of Agenda Item: On November 17, 2025, a Town Construction Superintendent was notified by Public Works about a possible water line leak at the Southwest Corner of DNT and Frontier, and the possibility of a warranty claim on a 20” water line that had been placed there by a Town contractor. Public Works noticed water leaking from a valve stack on the west side of the intersection while completing daily flushing. The contractor was notified, they responded and excavated a hole to the location of the water line (approximately 18’ deep), it was discovered that the leak was coming from the eastside of the intersection through a steel conduit that had been placed to carry the water line under the DNT right of way. The contractor mobilized to the east side and excavated a hole to the location of the water line (approximately 20’ deep) and found that the water line was leaking at the first joint into the steel pipe carrier. The leak was not present when the line was pressure tested as part of final acceptance. Since the installation of the water line, the HEB development utility contractor had tied into this line and extended into the development. The water leak appeared to be caused by the joint pulling or misaligning, but no definitive cause could be established or who the responsible party was at fault. Budget Impact: The cost of the excavation and repair to the waterline totals $180,670 to be funded out of the Professional Services Line Item in the Water Division of Public Works (70050520-56700). PUBLIC WORKS Page 124 Item 12. Page 2 of 2 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. Repair Invoice Town Staff Recommendation: Town Staff recommend the Town Council ratify the expenditure with Maya Underground Construction for the repair of the 12” water line at Dallas Parkway and Frontier Parkway in the amount of $180,670. Proposed Motion: I move to ratify the expenditure with Maya Underground Construction for the repair of the 12” water line at Dallas Parkway and Frontier Parkway in the amount of $180,670. Page 125 Item 12. 12/19/2025 10 :27:0IAM DNTW WL Repair Exploration Maya Underground o..n t r:: cto rs Maya Underground Contractors, LLC. PO Box 39 Weston, TX 75097 Contact: Osa Gaisoa Phone: Email: 469.343.9597 Osa@Mayaunderground.com Quote To : Attention: Phone : Email : IT EM 100 IOI 102 103 104 200 201 202 GRAND TOTAL NOTES: EXCLUSIONS: Town of Pros per Adam Gerster 972.569 .1165 DESCRIPTION *WESTDNTW* Mobilization and Pothole Custom Tren c h safety and Dewatering Di ssase mble & Repair Line inspect line Excavation/ Back fill / Restore TV/ Vacuum surge and clean * SUBTOTAL -WEST END * EAST EXPLORATION * Custom Trench safety and Dewatering < 20' Excavation/ Explore and identify R epair/ modify Trench safety and restoration *SUBTOTAL-EAST DNTW REPAIR Survey, eng in ee red te sting, Barri cade s/ Striping SWPP/Erosion co ntrol / Maintenance, E lec tri ca l, Plumbing or Mechanical , Gas ,Telecommunications adjustment/installation Concrete Rem /Replacem ent ,Demo not listed , Hazardous Material Handling or Haul Off, TXDOT/ R.O .W . Pennit, P&P / Maintenance Bonds . City Inpsec tion Fees/ Permi t/Overtime Fees, CLARIFICATIONS Actual repair pri ce is not included , TBD . Job Name : Date of Plan s: Revision s: City of Project: Plan Pages : QUANTITY 1.00 1.00 1.00 1.00 410 .00 1.00 1.00 1.00 DNTW WL Repair Ex ploratio N I A N I A Pro sper UNIT UNTTPRI CE AMOUNT EA 8,400.00 8,400.00 LS 21,900.00 21 ,900.00 LS 22 ,900 .0 0 22,900.00 LS 10 ,940.00 10,940 .00 LF 43.00 17,6 30.00 $81,770.00 LS 27,500.00 27 ,500.00 LS 39,600 .00 39 ,6 00 .00 LS 31 ,8 00.00 31 ,8 00 .00 $98,900.00 $180,670.00 Page 1 of 1 Page 126 Item 12. Page 1 of 3 To: Mayor and Town Council From: Hulon T. Webb Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Ordinance Amending Traffic Administration Duties Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance replacing existing Section 12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration,”. Description of Agenda Item: The current process for updating typical traffic administrative items like school zone times and zone limits, establishing parking restrictions, establishing temporary and permanent speed limits, and installing and maintaining traffic signs and pavement markings, requires the Town Council to adopt an ordinance. With increased requests for changes to traffic administrative items, staff looked into amending the Code of Ordinances to streamline the process which would allow the Town to provide a timelier response and resolution. Upon researching the Code of Ordinances, it was discovered that there are current provisions in the code that would allow the Town to streamline the process, with some recommended updates. The current sections in the Code of Ordinances were adopted in 1985, when the Town of Prosper was a general-law municipality. During that time, the Mayor was responsible for overseeing that all state and town ordinances are enforced and required to exercise all powers and duties related to traffic and traffic engineering authority. Under the current provisions, the Town Council, with recommendation of the Mayor, can appoint a Traffic Administrator to the Office of Traffic Administration, to handle traffic related duties. The ordinance amendment proposed would eliminate the Traffic Administrator position, the Office of Traffic Administration, and assign the current duties of the Mayor, relative to traffic, to the Town Manager or Town Manager’s designee. In addition, the ordinance amendment proposed retains the traffic related duties previously assigned to the Traffic Administrator as they are still applicable. These include, but not limited to, updating school zone times and zone limits, establishing parking restrictions, establishing temporary and permanent speed limits, and installing and maintaining traffic signs and pavement markings. ENGINEERING SERVICES Page 127 Item 13. Page 2 of 3 The current provisions in the Code of Ordinances are proposed to be amended as follows: #1: Repeal existing Section 12.02.001.: Sec. 12.02.001. Mayor's duties. The Mayor has the duty to see that all state laws and town ordinances are effectively enforced. The Mayor is required to exercise all powers and duties conferred upon him by ordinances relative to traffic, as well as all provisions of state law prescribing the duties of or vesting powers in the local traffic engineering authority. #2: Add new Section 12.02.001. (a): Sec. 12.02.001. Traffic Administration. (a) Pursuant to the authority granted the Town Manager in the Town Charter to see to the enforcement of all state laws and Town ordinances, the Town Manager or designee is authorized to exercise the following powers and duties relative to traffic: #3: Repeal existing Section 12.02.002.: Sec. 12.02.002. Traffic Administrator. (a) To relieve the Mayor of the burden of traffic administration, there is hereby created the Office of Traffic Administrator. The town Traffic Administrator will be appointed by the Town Council upon the recommendation of the Mayor to exercise personally or by an authorized representative the powers and duties relative to traffic as prescribed in this chapter. #4: Add new Section 12.02.001 (a)(1-7), (b), and (c) under Traffic Administration: (Redlines shown below reflect changes proposed from current Section 12.02.002) (b1) It shall be the duty of the Traffic Administrator to determineDetermine the installation and proper timing of traffic-control devices, to conduct engineering analyses of traffic accidents, to devise remedial measures, to conduct engineering investigation of traffic conditions and to direct other town Town officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties granted by law.; (c2) The Traffic Administrator or his designee, except as otherwise directed from time to time by the Mayor, shall have power and is hereby authorized toTo install and maintain traffic signals and signs, road and highway markings and other traffic-control devices indicating prohibited or limited parking, the establishment of speed limits, the designation of restricted speed areas, the establishments of one-way streets, truck routes, the establishment of school traffic zones, the establishment of the times when school traffic zones are in effect, and other signs or markings indicating the place and manner of operating or parking vehicles.; (d3) The Traffic Administrator or his designee shall also have power and is hereby authorized toTo regulate the movement of pedestrians upon the streets and sidewalks by the erection or placing of proper signs or markers indicating the flow of pedestrian traffic.; (e4) The Traffic Administrator or his designee shall also have power and is hereby authorized toTo designate bus stops, ride share areas and taxicab stands and to Page 128 Item 13. Page 3 of 3 erect signs prohibiting the parking of vehicles other than buses, and taxicabs, and ride share areas in such stands.; (f5) The Traffic Administrator or his designee shall further have power and is hereby authorized toTo cause all necessary signs, markers, lights or other traffic-control devices to be erected or placed on any street or part of a street when he deems such action necessary to correct or give warning of a hazard and is further empowered to place such temporary speed limits at a construction site until the completion of such construction. (6) He is further authorized and directed toTo determine fire lanes, to prohibit or limit parking therein and to cause all necessary signs, markers, or other traffic-control devices to be erected or placed therein.; and (g7) The Traffic Administrator or his designee is further empowered and authorized toTo mark off traffic lanes on streets and parts of streets indicating and directing the flow of traffic when, in his judgment, such action is necessary. (b) Nothing in this Article shall restrict the authority of the Town Council to adopt any ordinance or other regulation that limits the authority of the Town Manager or designee to regulate traffic in the Town. (c) All traffic control signs, markers and devices designated by the Town prior to the date of adoption of this section shall be deemed to be in full compliance with this section and lawful, with no further action required pursuant to this section. Budget Impact: There is no budget impact associated with this ordinance amendment. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council adopt an ordinance repealing existing Section 12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration,”. Proposed Motion: I move to approve an ordinance repealing existing Section 12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration,”. Page 129 Item 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING SECTION 12.02.001, “MAYOR’S DUTIES,” AND EXISTING SECTION 12.02.002, “TRAFFIC ADMINISTRATOR,” OF ARTICLE 12.02, “ADMINISTRATION,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND REPLACING IT WITH A NEW SECTION 12.02.001, “TRAFFIC ADMINISTRATION”; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”), has deemed it necessary to review its traffic administration regulations and to update them in accordance with current practices, thus eliminating outdated references and practices currently found in Article 12.02 of the Town’s Code of Ordinances; and WHEREAS, it is the desire and intent of the Town Council to fully comply with existing practices while also protecting the health and safety of Town residents who utilize the Town’s traffic facilities; and WHEREAS, the Town Council has further determined that it will be advantageous and beneficial to Prosper and its inhabitants to amend Article 12.02 as described below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section 12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, are hereby repealed and replaced with a new Section 12.02.001, “Traffic Administration,” to read as follows: “ARTICLE 12.02 ADMINISTRATION Sec. 12.02.001. Traffic Administration. (a) Pursuant to the authority granted the Town Manager in the Town Charter to see to the enforcement of all state laws and Town ordinances, the Town Manager or designee is authorized to exercise the following powers and duties relative to traffic: Page 130 Item 13. Ordinance No. 2026-XX, Page 2 (1) Determine the installation and proper timing of traffic-control devices, to conduct engineering analyses of traffic accidents, to devise remedial measures, to conduct engineering investigation of traffic conditions and to direct other Town officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties granted by law; (2) To install and maintain traffic signals and signs, road and highway markings and other traffic-control devices indicating prohibited or limited parking, the establishment of speed limits, the designation of restricted speed areas, the establishments of one-way streets, the establishment of school traffic zones, the establishment of the times when school traffic zones are in effect, and other signs or markings indicating the place and manner of operating or parking vehicles; (3) To regulate the movement of pedestrians upon the streets and sidewalks by the erection or placing of proper signs, signals or markers indicating the flow of pedestrian traffic; (4) To designate bus stops, ride share areas and taxicab stands and to erect signs prohibiting the parking of vehicles other than buses, taxicabs, and ride share areas in such stands; (5) To cause all necessary signs, markers, lights or other traffic-control devices to be erected or placed on any street or part of a street when he deems such action necessary to correct or give warning of a hazard and is further empowered to place such temporary speed limits at a construction site until the completion of such construction; (6) To determine fire lanes, to prohibit or limit parking therein and to cause all necessary signs, markers, or other traffic-control devices to be erected or placed therein; and (7) To mark off traffic lanes on streets and parts of streets indicating and directing the flow of traffic when, in his judgment, such action is necessary. (b) Nothing in this Article shall restrict the authority of the Town Council to adopt any ordinance or other regulation that limits the authority of the Town Manager or designee to regulate traffic in the Town. (c) All traffic control signs, markers and devices designated by the Town prior to the date of adoption of this section shall be deemed to be in full compliance with this section and lawful, with no further action required pursuant to this section. Sec. 12.02.002. Reserved.” SECTION 3 Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or Page 131 Item 13. Ordinance No. 2026-XX, Page 3 phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 This Ordinance shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF FEBRUARY, 2026. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 132 Item 13. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering Services - CIP Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Bid Award: Prosper Downtown Parking and Alley Improvements Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related to construction services for the Prosper Downtown Parking Lot and Alley Improvements project in the amount of $347,731 and authorize $50,000 for construction phase contingencies. The total purchase order amount is $397,731. Description of Agenda Item: On December 16, 2025, at 2:00 PM, seven (7) Competitive Sealed Proposals were received for the Prosper Downtown Parking Lot and Alley Improvements project (2403-ST). The project was advertised using the Competitive Sealed Proposal Construction alternative procurement method to allow the Town to award the project to the contractor that offers the best value proposal based on the following criteria, which includes recently revised standard percentages based on direction from the Town Council:  Qualifications and Experience (10%) o Outline contractor and subcontractor experience with similar projects. o Outline qualifications of key personnel assigned to this project. o Provide references.  Project Timeline (25%)  Cost Proposal (65%) The verified proposal totals ranged between $347,731 and $515,777. The Engineer's Estimate was $329,488. The proposal’s final completion times ranged from 70 calendar days to 150 calendar days. ENGINEERING SERVICES Page 133 Item 14. Page 2 of 2 Jeske Construction Company was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $347,731, and a project timeline of 110 calendar days. Jeske Construction Company has not performed construction services for the Town of Prosper, but references have provided outstanding feedback on job performance and timely project completion. Budget Impact: The cost for the construction of the project is $347,731. The construction budget for the project is $430,000 in Account No. ST202403-CONST-CONST. The contingency amount of $50,000 will be used during the construction phase to address field changes or adjust quantities during construction. The use of the contingency fund will be documented with change order requests negotiated between staff and the contractor as construction progresses. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town staff recommend the Town Council authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related to construction services for the Prosper Downtown Parking Lot and Alley Improvements project in the amount of $347,731 and authorize $50,000 for construction phase contingencies. The total purchase order amount is $397,731. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related to construction services for the Prosper Downtown Parking Lot and Alley Improvements project in the amount of $347,731 and authorize $50,000 for construction phase contingencies. The total purchase order amount is $397,731. Page 134 Item 14. LOCATION MAP Downtown Parking Lot and Alley Improvements Parking Lot—33 Spaces Added Parking—14 Spaces Town Hall Main Street Broadway Street Page 135Item 14. TOWN OF PROSPERPROPOSAL TABULATION SUMMARYSolicitation NumberSolicitation TitleClose DateResponding Supplier City StateResponse SubmittedResponse Total Total DaysAxis Contracting, Inc. Dallas TX12/16/2025 12:45:00 PM (CT)$457,318.83 120Garret Shields Infrastructure Garland TX12/16/2025 12:52:52 PM (CT)$467,817.00 70Home Run Construction LLC Italy TX12/16/2025 11:43:47 AM (CT)$515,437.66 145Jeske Construction Co Dallas TX12/16/2025 09:59:41 AM (CT)$347,731.00 110Patriot Civil, LLC Prosper TX12/15/2025 05:30:46 PM (CT)$407,584.36 130Ratliff Hardscape, Ltd Carrollton TX12/16/2025 01:28:26 PM (CT)$409,246.00 150Tegrity Contractors Allen TX12/16/2025 01:39:52 PM (CT)$515,777.00 150Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on: December 16, 2025 Purchasing Manager Town of Prosper, Texas**All bids/proposals submitted for the designated project are reflected on this tabulation sheet.  However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive.  The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents.  The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. CSP No. 2026-09-BProsper Downtown Parking Lot and Alley12/16/2025 at 2:00PMPage 136Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 1 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Jeske Construction Company, a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2026-09-B PROSPER DOWNTOWN PARKING LOT AND ALLEY in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be Page 137 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 2 resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed three hundred forty-seven thousand seven hundred thirty-one dollars and zero cents ($347,731.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 90 calendar days after the date of the Notice to Proceed for the base proposal. Within 20 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the Contractor has made a request for a final walk-through inspection with the Owner's Construction Superintendent, CIP Program Manager, Engineer, and other representatives. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the final walk-through inspection as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the Contractor has requested final acceptance of the Project. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY Page 138 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 3 OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. Page 139 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 4 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements Contractor 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 here under by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. 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. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP No. 2026-09-B PROSPER DOWNTOWN PARKING LOT AND ALLEY 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. 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. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Page 140 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 5 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. 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 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 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. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) 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 contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. Page 141 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 6 2) The contractor’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 contractor’s insurance and shall not contribute with it. 3) 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. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. 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 contractor for the Town. c. 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. 5. 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. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating 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. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the Page 142 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 7 work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Page 143 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 8 Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance Page 144 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 9 with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the Page 145 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 10 final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Page 146 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 11 M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “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 Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. 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 contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. P. 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. Q. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) Page 147 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 12 within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. 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. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 148 Item 14. C O N T RA C T O R T O W N O F P R O S P E R , T E XA S By: M~ Jes~~ Title: V\Ll- fr(.,'\~0,+ Date: \ I zz_/zr;, Address: ~-0. 6o1< 5qoQ5 DCA.t l o.._s 1 ~. '15oiQ q By: MARIO CANIZARES Title: Town Manager Date: Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: ~1 'd.-lD 9-o -9 ~4 8 Email: -5\-~ej '2S Ke~ Q.5~Cov\skuditX1 .co-o t"\o..-t\-@jes~to<\&\r\.lc-ho<1. Co("(\ Phone: (972) 346-2640 Email: mcanizares@prospertx.gov ATTEST: MICHELLE LEWIS SIRIANNI Town Secretary CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 13 Page 149 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 14 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the ____ day of ___________, A.D. 2026, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-09-B PROSPER DOWNTOWN PARKING LOT AND ALLEY in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. Page 150 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 15 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the ________ day of ________________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 151 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 16 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 152 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 17 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the ______ day of __________ A.D. 2026, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-09-B PROSPER DOWNTOWN PARKING LOT AND ALLEY NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may Page 153 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 18 be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the _______ day of _________________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 154 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 19 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 155 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 20 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the ________ day of ___________, 2025, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-09-B PROSPER DOWNTOWN PARKING LOT AND ALLEY in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. Page 156 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 21 PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, on this the _____ day of ____________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 157 Item 14. CSP NO: 2026-09-B Prosper Downtown Parking Lot & Alley (Document Version 04/24) 22 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Page 158 Item 14. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Engineering Services Agreement: Traffic Signal and PHB Designs Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Stantec Consulting Services Inc., and the Town of Prosper, Texas, related to the design of an emergency traffic signal on First Street at Fire Station #3, a pedestrian hybrid beacon on La Cima Boulevard at Arrowhead Drive and a pedestrian hybrid beacon on Coit Road at Rogers Middle School for $232,500. Description of Agenda Item: The scope of the Professional Engineering Services Agreement with Stantec Consulting Services Inc., includes the design of an emergency traffic signal located at Fire Station #3, 1500 E. First Street. To the west of the fire station is a hike and bike trail that crosses First Street. that currently has flashing beacons to warn drivers of pedestrians using the crossing. The scope of services will include evaluating options to use the emergency traffic signal to also provide protection for the users of the trail crossing, either at the current crossing location, or the feasibility of relocating the trail crossing closer to the fire station. The pedestrian hybrid beacons (PHBs) are needed to provide an additional measure of safety for pedestrians, in particular students at Folsom Elementary and Rogers Middle School, crossing at La Cima Boulevard at Arrowhead Drive and at Coit Road at Rogers Middle School. While crossing guards are on duty during arrival and dismissal periods, the PHBs will provide an enhanced level of safety for both crossing guards and pedestrians. In addition, many pedestrians, including students, cross at these locations outside of regular school arrival and dismissal times, and the PHBs will provide an enhanced level of safety when crossing guards are not on duty. The CIP Subcommittee reviewed and recommended approval at their meeting held in January. Budget Impact: The cost for the design is $232,500. A total of $2,261,504.76 is available for Traffic Improvement Projects (Account No. TR2501), and a total of $232,500 will be transferred to Accounts: TR202621, TR202622, and TR202623 for Design. ENGINEERING SERVICES Page 159 Item 15. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard agreement as to form and legality. Attached Documents: 1. Location Map 2. Professional Engineering Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Stantec Consulting Services Inc., and the Town of Prosper, Texas, related to the design of an emergency traffic signal on First Street at Fire Station #3, a pedestrian hybrid beacon on La Cima Boulevard at Arrowhead Drive, and a pedestrian hybrid beacon on Coit Road at Rogers Middle School for $232,500. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Stantec Consulting Services Inc., and the Town of Prosper, Texas, related to the design of an emergency traffic signal on First Street at Fire Station #3, a pedestrian hybrid beacon on La Cima Boulevard at Arrowhead Drive and a pedestrian hybrid beacon on Coit Road at Rogers Middle School for $232,500. Page 160 Item 15. LOCATION MAP First St. at Fire Station #3—(emergency traffic signal) La Cima Blvd. at Arrowhead Dr. (PHB) Coit Rd at Rogers Middle School (PHB) First Street Coit Rd. Fire Sta. No. 3 Rogers M.S. Page 161 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 15 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND STANTEC CONSULTING SERVICES INC. FOR FOR THE DESIGN OF THREE (3) TRAFFIC SIGNALS PROJECT NUMBER 2626-TR 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 Stantec Consulting Services Inc., a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Design of Three (3) Traffic Signals, hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Two Hundred Thirty-Two Thousand, Five Hundred Dollars ($232,500) 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, Page 162 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 15 if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR 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 Page 163 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 15 RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Stantec Consulting Services Inc. Dave Carter, PE, PTOE Principal, Engineering Manager 6080 Tennyson Pkwy, Suite 200 Plano, TX 75024 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. Page 164 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 15 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “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. 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____. STANTEC CONSULTING SERVICES INC. By: Signature Dave Carter Printed Name Principal Title 12/31/2025 Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Page 165 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 15 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND STANTEC CONSULTING SERVICES INC. FOR THE DESIGN OF THREE (3) TRAFFIC SIGNALS I. PROJECT DESCRIPTION The Town of Prosper has asked Stantec to design three (3) traffic signals which could be traditional traffic signals, fire-station emergency signals, and/or pedestrian hybrid beacon signals for recreational trail or school related pedestrian crossings. The location of the intersections are listed below. 1. First Street at Fire Station #3 (This is a fire station/emergency signal that includes the existing trail crossing to the west of the fire station. Realignment of the path also needs to be evaluated to shorten the distance between signal mast arms on either side of the fire station, so that the path with pedestrian activation of the emergency signal is included) 2. La Cima Boulevard at Arrowhead Drive (Pedestrian Hybrid Beacon) 3. Coit Road at Lorene Rogers Middle School / Orion Apartment Driveway (Pedestrian Hybrid Beacon) The Town’s traffic signal design guidelines state that directional curb ramps should be located to provide straight crosswalks which may require ADA ramp and/or median nose modifications at the intersection. Stantec will provide a preliminary intersection layout at the 30% design level for a coordination meeting with the Town staff to evaluate the potential impact to these elements. It is assumed that any revisions would be included as part of Stantec’s signal design construction plans. New topographic survey will be provided by Stantec as part of the basic services to ensure the designs consider the latest utility and right-of-way information. Subsurface Utility Engineering (SUE) Level B and C will be provided by a subconsultant but Level A potholing is not included in the basic services. Level A Potholing could be added as a supplemental service. Any change to the scope of work based on additional requirements by the Town may result in an increase in the fee associated with the project. II. TASK SUMMARY The scope below is for all of the intersections. However, for invoicing it is assumed that each intersection will have its own Purchase Order Number so they will be summarized and itemized separately on each invoice. Task 1 – Project Management 1. Manage the team: a. Lead, manage, and direct design team activities b. Communicate internally among team members and subconsultants c. Allocate team resources 2. Communications and reporting: a. Submit monthly invoices b. Respond to email and telephone communication from the City Page 166 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 15 c. Coordinate with other agencies and entities as necessary for the design of the proposed traffic signal. 3. Quality Control Program a. Ensure quality control is practiced in the performance of the work b. Quality Manager will review and backcheck the QAQC documents at each design level 4. Meetings: a. Attend one (1) virtual meeting with City staff to discuss traffic signal design criteria. b. Hold regular virtual meetings with subconsultants and task leads to ensure schedules and reviews are upheld Task 2 - Survey In some cases, existing survey and/or roadway electronic design files are available and they are recent enough that new survey may not be necessary. If those files are not available from the Town, then Stantec will provide survey services as described below. The survey task will only be initiated if approved by the Town engineer. The survey limits will typically be as follows: 1. Survey will extend ten (10) feet outside the right-of-way and will include the entire intersection and along each approach for 200’ measured from the curb return or existing stop bar if applicable. 2. ROW boundary will be surveyed for the first 50’ from the intersection. 3. Perform research to obtain deeds and plats for all adjoining properties. 4. Locate existing boundary monumentation on all adjoining properties to construct existing boundary, right- of-way, and easement lines. 5. Horizontal control will be established by means of GPS RTK positioning and will be based on the Texas State Plane Coordinate System, NAD 83(2011), North Central Zone, utilizing a surface adjustment factor of 1.000150630 for Denton County, 1.000152710 for Collin County, and 1.000136506 for Dallas County. 6. Vertical control will be established by means of GPS RTK positioning, and will be based on GPS derived ellipsoid heights adjusted to NAVD 88 elevations utilizing Geoid18. 7. The survey will include, but not be limited to, locating all existing features such as water valves, water meters, curb & gutter, asphalt, sidewalks, fences, driveways, storm & sanitary sewer manholes, inlets, storm drain outfalls, trees 6” and larger, tops and toes of slope, power poles, mailboxes, signs, telephone risers, railroad tracks, and any other visible features. 8. Deliverables will include a digital file in dwg or dgn format containing all points and features located in the survey, one foot interval contours, a TIN, and the boundary, right-of-way, and easement lines. Additional deliverables will include copies of all field notes and field drawings, a point file (pnezd) and a LandXML file. Task 3 - Subsurface Utility Engineering (SUE) The American Society of Civil Engineers (ASCE) defines SUE as a branch of Civil Engineering that involves mapping existing subsurface utilities and depicting those utilities to certain quality levels. As part of the Survey Task, SUE Quality Levels C and D will be completed. If potential conflicts are identified during the traffic signal design, additional SUE Quality Levels A and/or B can be performed as an additional service. An allowance of $4,000 will be included in the fee for each intersection to conduct specific SUE potholes for evaluation of a potential conflict identified during design. 1. Utility Quality Levels are defined in cumulative order (greatest to least detail) as follows: a. Quality Level “A”: Precise horizontal and vertical location of utilities obtained by the actual exposure and subsequent measurement of subsurface utilities, usually at a specific point (aka Locating). For the purpose of this scope and fee estimate it is assumed that Level A SUE is not required. Page 167 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 15 b. Quality Level “B”: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities (aka Designating). c. Quality Level “C”: Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to quality level D information. d. Quality Level “D”: Information derived from existing records and/or oral recollections 2. Surveyor and Subsurface Utility Engineer will conduct records research of all the utilities within the project. 3. If specifically requested as a supplemental service within the budget of the allowance, the Subsurface Utility Engineer will provide Designating services as noted above Quality Level A or B as requested. Each utility may be clearly labeled by utility type and owner. There will be a considerable amount of paint on the sidewalks and pavement. If the subsurface utility engineer is required to wash the paint away, this will be considered an additional cost. The Subsurface Utility Engineer will survey the SUE for the project. 4. Traffic Control and Permits: it is anticipated that Traffic Control will be required for the Survey and SUE of this project. Traffic Control implementation will meet Part 6 Temporary Traffic Control from Texas Manual on Uniform Traffic Control Device (MUTCD)s using standard TxDOT detail sheets. Traffic control plan documents will not be sealed on this project by the company supplying and deploying the traffic control devices. If site specific Traffic Control Plans are required to be sealed by a licensed PE in the State of Texas, this will be considered an additional cost. Task 4 - Traffic Signal Design. Each intersection would be designed as a standalone package though a combined bid package with multiple intersections could be developed. It is assumed that the intersections will be designed concurrently to increase efficiency of the project’s management, design, bidding, and construction oversight. 1. Meetings: · Attend one (1) meeting (in-person, in the field if possible) for 30% review - Stantec engineers will conduct a site visit at the intersection with the Town of Prosper Engineering Department to review the potential traffic signal pole locations, controller cabinet location, power source location, and to discuss specific issues concerning ADA Ramps, crosswalks and median nose modifications if necessary. · Attend one (1) virtual design review meeting with Town staff following the 60% and 90% design plan reviews. 2. Survey will be provided as described in Task 2 above. 3. Subsurface Utility Engineering (SUE) will be provided as described in Task 3 above. 4. Prepare 30% signal design plans · Develop plan sheets for a permanent traffic signal based on survey base files. · The 30% traffic signal design plans will show location of the proposed controller cabinet, traffic signal poles, ADA ramps and median nose modifications for a starting design discussion that will occur in the field (if possible) with the Town. · Conceptual layout of sidewalk and/or Trail alignments will be included at 30%. 5. Prepare 60% signal design plans Page 168 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 15 · Traffic signal layout sheet(s) showing traffic signal poles, vehicular and pedestrian signal heads, barrier-free ramps and associated sidewalk connections, vehicle detection, pedestrian push buttons, controller cabinet location, power source location, electrical service, conduits, pull boxes, and all known existing and proposed utilities. Stantec will coordinate with the Town to ensure the locations of the barrier-free ramps and pedestrian signals meet the guidelines laid out in the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and are in accordance with the Town’s requirements. · Traffic signal design tables sheet(s). Chart details will be at 90%. · Signing layout sheet detailing traffic signal related signs. · Pavement marking sheet detailing the location of stop bars and crosswalks. It is assumed that all other pavement markings leading up to the intersection will remain in place. 6. Prepare 90% signal design plans · Receive comments from the Town on the preliminary plans and incorporate into plans. · Traffic signal layout sheet(s) showing traffic signal poles, vehicular and pedestrian signal heads, barrier-free ramps and associated sidewalk connections, vehicle detection, pedestrian push buttons, controller cabinet location, power source location, electrical service, conduits, pull boxes, and all known existing and proposed utilities. · Prepare the following plan sheets for the Pre-Final design plans: o General Notes o Summary of Estimated Quantities o Traffic Signal Layout sheet o Traffic Signal design tables o Signing layout sheet detailing traffic signal related signs o Town and/or TxDOT standard detail drawings · Prepare an estimate of construction quantities and develop the preliminary opinion of probable construction cost. · Assemble standard construction contract document using a template provided by the Town and modify special technical specifications for the project (if any). 7. Prepare 100% PS&E construction plans · Receive and discuss comments from the Town on the 90% plans · Revise 90% plans, incorporating comments from the Town · Finalize estimate of construction quantities and opinion of probable construction cost. · Finalize construction contract documents, including special technical specifications and special conditions (if any). For the purpose of this scope and fee proposal it is assumed that all the intersections are included in a separate PS&E packages. However, they could be combined into a single package to achieve better bid pricing due to the economy of scale, if desired by the Town. Task 5 - Bidding and Construction Phase Services. The following tasks will be provided on an hourly rate with a not to exceed fee amount. The work will be performed as requested by the Town. If the fee is exceeded, an additional hourly fee may be set up to cover additional work, to be approved in advance by the Town. 1. Assist the Town in securing bids. The Town will prepare the Notice to Bidders and provide it to Stantec to update. The Town will be responsible for publishing the appropriate legal notice and be responsible for the cost for such publications. 2. Assist the Town by responding to questions and interpreting bid documents. Prepare and issue addenda Page 169 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 15 to the bid documents to plan holders, if necessary. 3. Stantec will assist the 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 the Town. 4. Assist the Town in conducting a pre-construction conference with the Contractor and review the construction schedule prepared by the contractor in accordance with the requirements of the construction contract. 5. Review Contractor’s submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract. 6. It is assumed that one (1) field visit may be necessary to meet a contractor in the field to discuss any design issues that may occur during construction. Task 6 – Record Drawings. After construction is completed, Stantec will receive redline markups from the Contractor and/or the Town, to be delivered electronically in PDF format. Stantec will generate a set of record drawing plans that will incorporate these markups. The record drawings will not be signed and sealed, instead, they will bear a stamp explaining that the plans were constructed per the 100% design plans, except as otherwise noted. Stantec will not perform a field visit to verify the redline markups. Assumptions and Exclusions This scope of services includes only the items specifically described above. The following items are specifically excluded from the scope of services but could be added for an additional fee: · Utility adjustment or utility relocation design is not included in this scope. · A pavement design is not included in the scope. It is assumed any new pavement section will match the as-built pavement section. · Roadway profiles are not included in the scope. It is assumed the proposed improvements will not impact the profile of the existing road. · Drainage design is not included in the scope of services. · Modification of technical standards is not included in the scope of services. · All plans will be designed simultaneously, and meetings will cover all designs. · Roadway modifications other than what is required for ADA ramps and median nose modifications are not included. · Simulation modeling for traffic signal phasing is not included in the scope of services. · Temporary traffic signal design is not included in the scope of services. · Coordination and approvals from TDLR is not included in the scope of services. · Traffic control plans are not included in the scope of services. · Traffic signal timing is not included in the scope of services. · Illumination design is not included in the scope of services, except for one (1) luminaire on each signal pole (as applicable). · Preparation of right-of-way or easement exhibits is not included in the scope of services. · Application and Permitting fees and special insurance premiums are not included in the scope of services. · Construction inspection services are not included in the scope of services. · As-built surveys of constructed improvements are not included in the scope of services. · Public hearings or Town Council/Commission meetings are not included in the scope of services. · Attendance at a utility coordination meeting to start the relocation process with affected franchise utilities is not included in the scope of services. Distribution of copies of final plans and proposed Page 170 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 15 schedule for bid letting and construction to affected franchise utilities is not included in the scope of services. · Preparation or processing of change orders are not included in the scope of services. · Coordination with TxDOT or any other agency for approval or permitting is not included in the scope of services. · Any additional meetings not listed in the scope of services are not included in the scope of services. · Additional exhibits or documents not specifically outlined herein are not included in the scope of services. · Construction Staking Services are not included in the scope of services. · New or Additional Boundary or Centerline Monuments are not included in the scope of services. · Full Subsurface Utility Engineering (SUE) Services are not included in the scope of services. · Environmental studies and permitting are not included in the scope of services. If any of these items are required, they may be added for an additional fee. III. DELIVERABLES Task 4 – Traffic Signal Designs One (1) PDF copy of the 30% and 60% design package One (1) PDF copy of the 90% design package, including contract bid item list and quantities One (1) PDF copy of the 100% Final PS&E package, contract bid item list and quantities Task 6 - Record Drawings One (1) PDF copy of each sheet of the record drawings One (1) CADD file of the record drawings base map Page 171 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 15 EXHIBIT B COMPENSATION SCHEDULE I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed February 1, 2026 Task 1 – Project Management $ 5,000 each Task 2 – Survey April 13, 2026 $13,500 each Task 3 – SUE TBD $ 4,000 each Task 4 - Traffic Signal Design November 30, 2026 $46,000 each Task 5 – Bidding and Construction Phase Services TBD $ 5,500 each Task 6 – Record Drawings TBD $ 3,500 each ($ 77,500 each) Total Compensation for Three Intersections $232,500 II. COMPENSATION SUMMARY Basic Services Billing Method Amount Task 1 – Project Management Lump Sum (percent complete) $ 5,000 each Task 2 – Survey Lump Sum (percent complete) $13,500 each Task 3 – SUE Time & Materials $ 4,000 each Task 4 - Traffic Signal Design Lump Sum (percent complete) $46,000 each Task 5 – Bidding and Construction Phase Services Time & Materials $ 5,500 each Task 6 – Record Drawings Lump Sum (percent complete) $ 3,500 each ($ 77,500 each) Total Basic Services for Three Intersections: $ 232,500 Special Services (NOT AUTHORIZED TO PROCEED) Amount N/A $0 Total Special Services: $0 Direct Expenses Amount None $0 Total Direct Expenses: $0 Page 172 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 15 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 173 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 15 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 174 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 15 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND STANTEC CONSULTING SERVICES INC. FOR FOR THE DESIGN OF THREE (3) TRAFFIC SIGNALS THE STATE OF TEXAS § § COUNTY OF ________________ § I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): _____ Ownership of 10% or more of the voting shares of the business entity. _____ Ownership of $25,000.00 or more of the fair market value of the business entity. _____ Funds received from the business entity exceed 10% of my income for the previous year. _____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. _____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. _____ Other: _________________________________________________. __X___ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this _______________ day of _________________________, 20____. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 20 . Notary Public in and for the State of Texas My Commission expires: Page 175 Item 15. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 15 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Stantec Consulting Services Inc. N/A N/A N/A 12/31/2025 X X Page 176 Item 15. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Thoroughfare Impact Fees Reimbursement Agreement (Legacy Gardens Phases 3 and 4) Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Description of Agenda Item: Toll Southwest LLC, is developing Legacy Gardens Phases 3 and 4 on the west side of Shawnee Trail south of Frontier Parkway. To facilitate the development, they have agreed to construct two (2) lanes of Frontier Parkway from the western limit of the development to the eastern limit of the development adjacent to Shawnee Trail, as shown on Exhibit B in the agreement. Since the proposed thoroughfare is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of thoroughfare impact fees collected by the development. The purpose of the Thoroughfare Impact Fees Reimbursement Agreement is to outline the obligations of the Town of Prosper, and Toll Southwest LLC, related to the design, construction, credit and reimbursement of collected thoroughfare impact fees to fund the project. Under the Legacy Garden at Prosper Trail Roadway Impact Fee Agreement, dated May 3, 2018, Toll Southwest LLC, will also be required to construct two (2) lanes of Shawnee Trail from Frontier Parkway to the southern limit of the development. The construction of the two (2) lanes of Shawnee Trail will provide improved access to the neighborhood and Thomson Elementary School. Budget Impact: The estimated cost for the design and construction of the extension of approximately 2,850 feet of two (2) lanes of Frontier Parkway is $2,697,127. The current anticipated thoroughfare impact fees owed by the Legacy Gardens Phases 3 and 4 development is $1,634,310. In the event that full reimbursement has not been made to Toll Southwest LLC, by the Town after the expiration of ten (10) years from the date of the Town’s acceptance of the thoroughfare, the Town will reimburse Toll Southwest LLC, any shortfall. ENGINEERING SERVICES Page 177 Item 16. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Toll Southwest LLC, will contribute up to $2,000 towards the legal preparation fees. Attached Documents: 1. Town of Prosper Thoroughfare Plan 2. Thoroughfare Impact Fees Reimbursement Agreement Town Staff Recommendation: Town staff recommend the Town Council authorize the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Proposed Motion: I move to approve authorizing the Town Manager to execute a Thoroughfare Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Page 178 Item 16. Town of Prosper Thoroughfare Plan (Legacy Gardens Phases 3 and 4) Page 179 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 1 of 35 THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) THIS THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) (“Agreement”) is made and entered into this ___ day of _______________, 2026 (the “Effective Date”), by and between the TOWN OF PROSPER, TEXAS (“Prosper” or the “Town”), and TOLL SOUTHWEST LLC, a Delaware limited liability company (“Developer”), collectively referred to as the “Parties” and each individually as a “Party”. W I T N E S S E T H: WHEREAS, Developer is developing Phase 3 and Phase 4 of a residential development on certain Property (defined herein) in the Town, known as “Legacy Gardens, Phases 3 and 4” (“Project”) which development previously has been approved by the Town; and WHEREAS, the legal description of the real property subject to this Agreement is attached hereto as Exhibit A-1, incorporated herein by reference for all purposes, and depicted on Exhibit A-2, incorporated herein by reference for all purposes (the “Property”); and WHEREAS, the Town and Developer wish to address the construction of certain improvements for and along Frontier Parkway related to the Project, as well as the timing, construction and payment of associated costs thereof; and WHEREAS, the Town has adopted a Thoroughfare Capital Improvements Plan (“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of Chapter 10 of the Town’s Code of Ordinances, as now existing or as may hereafter be amended (the “Impact Fee Ordinance”), all of which was adopted pursuant to the authority contained in Chapter 395 of the Texas Local Government Code, as amended; and WHEREAS, Developer desires to fulfill the entirety of its obligation to pay Thoroughfare Impact Fees (as defined in Subparagraph 1(a), below) as prescribed in the Impact Fee Ordinance; and WHEREAS, in an effort to facilitate the construction of certain roadway improvements serving the Project, the Parties have agreed to the terms and provisions of this Agreement; and WHEREAS, this Agreement clearly is in the best interests of the Town and Developer and it is deemed mutually beneficial to each that the construction of roadway improvements for the Project proceed as is further described herein; and Page 180 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 2 of 35 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 Town and Developer covenant and agree as follows: 1. Impact Fees and Thoroughfare Improvements. (a) Subject to the provisions of this Paragraph 1 and this Agreement, the Property will be assessed thoroughfare impact fees at the rates then in effect pursuant to the Impact Fee Ordinance as it presently exists or may be subsequently amended (the “Thoroughfare Impact Fees”). (b) As a condition to receipt of the Thoroughfare Costs Reimbursement (hereinafter defined) and subject to Force Majeure and receipt of any Third-Party Rights- of-Way and/or Easements, Developer shall, at its sole cost and expense, except as provided in Paragraph 3 below, construct and install or cause the construction and installation of certain improvements for and along a portion of Frontier Parkway in the general locations shown on Exhibit B, attached hereto and incorporated herein for all purposes, which, subject to Paragraph 2, consist of: (i) the excavation, subgrade, and concrete installation for approximately 2,770 linear feet of the two southern through lanes of Frontier Parkway consisting of 25 feet in width; (ii) the installation of approximately 2,970 linear feet of storm drain improvements for Frontier Parkway; (iii) grading and erosion control associated therewith; (iv) initial seeding of the median and costs associated therewith (as noted on Exhibit C); and (v) one-foot of sod behind the back of curb on the south side of the right-of-way and seeding for the remaining part of any grassed area within the south side of the right-of-way (as noted on Exhibit C) (collectively referred to herein as the “Thoroughfare Improvements”). For the avoidance of doubt, no street lights are or will be required to be installed by Developer, and the Thoroughfare Improvements expressly exclude street lights. The description of the Thoroughfare Improvements in this Subparagraph 1(b) and/or location of such improvements shown on Exhibit B may be modified by the engineering plans for the Thoroughfare Improvements as the design is further refined, and minor modifications to such description herein and/or location shown on Exhibit B may be approved by the Town’s Engineer without requiring an amendment of this Agreement. Notwithstanding the foregoing, in no event shall Developer be required to construct any portion of Frontier Parkway (including without limitation storm drainage improvements related thereto) in excess of the scope described herein as the Thoroughfare Improvements. (c) The Parties agree that the Thoroughfare Improvements are Project No. 1-0 on the Roadway CIP. The Parties agree and acknowledge that the Thoroughfare Improvements are Town capital projects; that said Thoroughfare Improvements are included in both the Town’s Capital Improvements Plan and the Roadway CIP for the Town’s roadway impact fee ordinance, adopted pursuant to Chapter 395 of the Texas Local Government Code, as amended, and included in the Impact Fee Ordinance; that such Thoroughfare Improvements are part of certain roadways which are significant thoroughfares of the Town; the Town requires the expansion of roadways through the construction of the Thoroughfare Improvements for the benefit of all residents of the Town and other members of the traveling public; and that all necessary steps and procedures Page 181 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 3 of 35 have been followed, pursuant to Chapter 395 of the Texas Local Government Code in so designating such roadways, including the Thoroughfare Improvements, as such. (d) Developer shall use commercially reasonable efforts to bid the construction of the Thoroughfare Improvements as shown in the related construction plans set with three (3) Qualified Contractors (as defined herein) and shall provide copies of the bids received for such items to Town within thirty (30) days of Developer’s receipt of same. For the avoidance of doubt, Developer may bid the construction of the Thoroughfare Improvements along with or separate from construction of other infrastructure improvements for the Project (e.g., water and/or trail improvements), in its discretion. Developer shall execute one or more contract(s) for the construction of the Thoroughfare Improvements (which may also include construction of other infrastructure improvements for the Project, in Developer’s discretion) with the lowest responsible and qualified bidder, as mutually and reasonably determined by Town and Developer. Further, with respect to the Thoroughfare Improvements, Developer shall: (i) commence, or cause to be commenced, construction of the Thoroughfare Improvements following: (A) the execution of this Agreement and any requisite Third-Party Rights-of-Way and/or Easements (as defined herein); and (B) approval of the Thoroughfare Improvements’ engineering plans, specifications and designs by Town’s Engineer, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) construct each portion of the Thoroughfare Improvements in accordance with this Agreement and otherwise in accordance with Town-approved engineering plans, specifications and designs; and (iii) complete each portion of the Thoroughfare Improvements and obtain Town’s acceptance of same prior to Town’s final acceptance of the Thoroughfare Improvements. Notwithstanding anything to the contrary set forth herein or in applicable Town ordinances, rules or regulations, the Town agrees that if, in connection with construction of the Thoroughfare Improvements, any trees are required to be removed pursuant to the Town approved plans and specifications for construction of the Thoroughfare Improvements, Developer may not be required to comply with any applicable tree mitigation requirements. Developer must inform the Town of any tree removal that does not comply with any applicable tree mitigation requirements. For purposes of this Agreement a “Qualified Contractor” means a person, firm, corporation or business entity that is the holder of a valid registration with the Town under Ch. 3, Building Regulations, Article 3.15 Registration of Contractors of the Code of Ordinances, Town of Prosper, Texas (“Town’s Code of Ordinances”). (e) For clarification, the construction and completion of the Thoroughfare Improvements may occur after the approval and/or recordation of the final plat(s) for the Property, and the Town agrees the construction and/or completion of the Thoroughfare Improvements will not be a condition to approval or recording of the final plat(s) for the Property. (f) After completion of the Thoroughfare Improvements, Developer shall secure or shall cause its contractor to secure one or more maintenance bond(s) that guarantee(s) payment of the costs of any repairs that may become necessary to any part of the construction work performed in connection with the Thoroughfare Improvements, arising from defective workmanship or materials used therein, for a period of two (2) years from the date of the Town’s acceptance of the Thoroughfare Improvements. The bond Page 182 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 4 of 35 may include other improvements Developer completes (e.g., water improvements) related to the Thoroughfare Improvements. From and after completion of the Thoroughfare Improvements, or any portion thereof, the Town will be responsible for all maintenance and operation of the Thoroughfare Improvements, including costs related thereto (except any costs covered by the maintenance bond while such bond is in effect). (g) The estimated Thoroughfare Improvements construction costs are approximately Two Million Six Hundred Ninety-Seven Thousand One Hundred Twenty- Seven and 15/100 Dollars ($2,697,127.15), as more particularly described in Exhibit C, attached hereto and incorporated herein for all purposes (the “Estimated Thoroughfare Construction Costs”). Developer acknowledges and agrees that Town is relying on Developer’s engineer’s representation and warranty that the Estimated Thoroughfare Construction Costs are as described in Exhibit C. Prior to receiving any reimbursement described in Paragraph 3 below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the actual Thoroughfare Improvements construction costs (the “Thoroughfare Improvement Costs”) have been paid by or on behalf of Developer, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town evidencing payment of construction costs (“Evidence of Payment(s)”). (h) The Parties acknowledge that Developer shall construct the Thoroughfare Improvements, as generally depicted in Exhibit B and as described herein and in Exhibit C, the cost of which do not exceed the municipal participation limit referenced in Section 212.072(b) of the Texas Local Government Code, as amended. 2. Third-Party Rights-of-Way and/or Easements. (a) The Parties shall cooperate with each other in obtaining from third parties any and all rights-of-ways and/or easements needed for construction and completion of the Thoroughfare Improvements (or any portion(s) thereof), including, but not limited to, permanent rights-of-ways and/or easements located adjacent to the Project and located on real property owned by one or more third party(ies) and any requisite or desirable temporary construction easements related to the Thoroughfare Improvements (the “Third- Party Improvement Rights-of-Way and/or Easements” and “Third-Party Temporary Construction Easements,” respectively) including without limitation such easement(s) for the area(s) depicted on Exhibit D, attached hereto and incorporated herein for all purposes, which are necessary or appropriate for timely construction, completion and dedication of the Thoroughfare Improvements required herein. The Town hereby acknowledges and agrees that the only Third-Party Improvement Rights-of-Way and/or Easements required to be obtained in connection to the Thoroughfare Improvements shall be a storm drainage easement, which shall be located in the approximate location depicted on Exhibit D. (b) Developer shall be responsible for any and all costs and expenses associated with acquiring, by purchase or condemnation, all Third-Party Improvement Rights-of-Way and/or Easements and Third-Party Temporary Construction Easements (collectively, the “Third-Party Rights-of-Way and/or Easements”), including, but not Page 183 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 5 of 35 limited to, purchase cost, title examination, appraisals, expert fees, attorneys’ fees and expenses, engineering fees and expenses, surveying fees and expenses, court costs, commissioners’ fees and costs of appeal, if any (“Rights-of-Way and/or Easement Acquisition Fees”). If requested by the Town, Developer shall, at its sole cost and expense (but subject to reimbursement, as described below), lead all acquisition efforts for the Third-Party Rights-of-Way and/or Easements (subject to the Town’s obligations in Subparagraph 2(e) herein), including, but not limited to, providing all necessary engineering and surveying support required to obtain the Third-Party Rights-of-Way and/or Easements. Developer shall pay any and all Rights-of-Way and/or Easement Acquisition Fees within thirty (30) calendar days of receiving a written request and supporting invoice from the Town for the same. (c) The Town will, at Developer’s sole cost and expense (but subject to reimbursement, as described below), provide, among any other assistance deemed reasonably necessary by the Town, technical, engineering, legal and administrative assistance, as selected by the Town, to acquire, by purchase or condemnation, the Third- Party Rights-of-Way and/or Easements. The Town shall review and approve any and all documents associated with the Third-Party Rights-of-Way and/or Easements required herein. If condemnation proceedings are necessary to secure the Third-Party Rights-of- Way and/or Easements, or any portion of such rights-of-way and/or easements (as further set forth in Subparagraph 2(e) below), the Town shall have the right to, at Developer’s sole cost and expense (but subject to reimbursement, as described below), take any and all steps the Town deems necessary to initiate said proceedings. (d) Any requisite Third-Party Right-of-Way and/or Easement shall be filed and recorded prior to the commencement of construction of the applicable portion(s) of the Thoroughfare Improvements that are or will be subject to a third party right-of-way or easement (such portion(s) of the Thoroughfare Improvements the “Offsite Improvements”), unless a right of entry is secured, or a condemnation award is tendered with the registry of the court and/or a right of possession by any other means is obtained on an earlier date, in which event Developer may commence construction of the applicable Offsite Improvements prior to recording of any applicable Third-Party Right-of- Way and/or Easements. For the avoidance of doubt, any rights-of-way or easements to be dedicated or provided by the Developer (rather than a third-party) may be provided as part of the final plat(s) for the Property and are not required to be provided to the Town prior to commencement of construction of the Thoroughfare Improvements. (e) If the Third-Party Rights-of-Way and/or Easements (or any one or more of them) are not obtained, or the Town has not secured the right to possess, in a form reasonably acceptable to the Town, the land made the subject of the Third-Party Rights- of-Way and/or Easements (or any portion thereof), within ninety (90) days after the Effective Date on terms acceptable to the Parties, then the Town shall commence, and thereafter diligently pursue to completion, condemnation proceedings to obtain such Third-Party Rights-of-Way and/or Easements as soon as reasonably possible and in accordance with all statutory deadlines and requirements. Notwithstanding anything to the contrary herein, the Town and Developer agree that the Town may initiate condemnation proceedings prior to the expiration of the ninety (90) days referred to in this Page 184 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 6 of 35 Subparagraph 2(e). For the avoidance of doubt, if the Town fails to fulfill its obligations under this Subparagraph 2(e), Developer shall be released from all obligations related to the construction of the Offsite Improvements portion of the Thoroughfare Improvements, the definition of Thoroughfare Improvements hereunder shall exclude the Offsite Improvements, the rights of the Developer to the Thoroughfare Costs Reimbursement (defined below) for the remaining Thoroughfare Improvements shall not be affected and the Parties agree to work in good faith to a mutually agreeable redesign for the storm drainage portion of the Thoroughfare Improvements within the bounds of the Property so that the storm drainage system being constructed by Developer as part of the Thoroughfare Improvements is still able to function properly. 3. Reimbursement of Project Costs from Thoroughfare Impact Fees. (a) Provided Developer completes or causes the completion of the Thoroughfare Improvements, Developer shall receive reimbursement of its Thoroughfare Improvement Costs from the Thoroughfare Impact Fees collected by Town related to service from the Thoroughfare Improvements, which shall include all Thoroughfare Impact Fees collected from development within the Property and within the Thoroughfare Service Areas (defined herein), subject to the terms of this Agreement. (b) A depiction of the service area(s) for the Thoroughfare Improvements is attached hereto as Exhibit E and made part hereof (the “Thoroughfare Service Areas”). The Thoroughfare Service Areas may be expanded from time to time and, upon such expansion, Exhibit E shall be amended accordingly. (c) Thoroughfare Impact Fees collected by Town related to service from the Thoroughfare Improvements, including fees collected with respect both to service to the Property and service to property other than the Property within the Thoroughfare Service Areas, shall be paid to Developer until the entire amount due to Developer for the Thoroughfare Costs Reimbursement is paid in full. Exhibit E provides an estimate of remaining Thoroughfare Impact Fees anticipated to be paid from properties in the Thoroughfare Service Areas within the Property; however, the estimate is provided for informational purposes and the Throughfare Costs Reimbursement herein shall not be limited by such estimate. (d) The reimbursement amount shall be an amount equal to the actual construction costs associated with the Thoroughfare Improvements (the “Thoroughfare Costs Reimbursement”). For the avoidance of doubt, the Thoroughfare Costs Reimbursement is not limited by the Estimated Thoroughfare Construction Costs, which is being provided for informational purposes. The phrase “construction costs” as used throughout this Agreement shall include design costs, construction costs (including but not limited to all costs for labor, supplies and materials), engineering costs, surveying costs, costs for any easements (including without limitation the Third-Party Rights-of-Way and/or Easements), inspection fees, maintenance bonds, staking costs, geotechnical materials testing associated with the Thoroughfare Improvements or any portion thereof; and any other costs not listed herein but shown on Exhibit C. Page 185 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 7 of 35 (e) All Thoroughfare Impact Fees collected by Town as set forth in Subparagraph 3(c) shall be paid by Town to Developer on a quarterly basis after Developer has provided the Town with the Evidence of Payment(s) evidencing the Thoroughfare Improvement Costs in accordance with Subparagraph 1(g) herein, within thirty (30) days following each March 31, June 30, September 30, and December 31 until Developer has received the full amount of Thoroughfare Costs Reimbursement. (f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE THOROUGHFARE COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS ASSOCIATED WITH THE THOROUGHFARE IMPROVEMENTS UNLESS AND UNTIL DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S) EVIDENCING THE THOROUGHFARE IMPROVEMENT COSTS IN ACCORDANCE WITH SUBPARAGRAPH 1(G) HEREIN. (g) Developer and Town acknowledge and agree that: (i) the Thoroughfare Impact Fees collected may be less than the Thoroughfare Costs Reimbursement to which Developer is entitled and Town does not guarantee the amount of Thoroughfare Impact Fees that will be collected; (ii) after a period of ten (10) years, any shortfall between the Thoroughfare Impact Fees collected pursuant to Subparagraph 3(c) and the Thoroughfare Costs Reimbursement due to Developer shall be paid to Developer from Town; and (iii) Thoroughfare Impact Fees owed on the Property shall be paid in accordance with the Impact Fee Ordinance. 4. Priority of Payments; Timing of Reimbursement or Credit – Shawnee Trail Improvements. (a) Under that certain Legacy Garden at Prosper Trail Roadway Impact Fee Agreement, dated as of May 3, 2018, by and between RISLAND PROSPER 221, LLC, a Delaware limited liability company (“Risland”), and the Town (the “Shawnee Trail Agreement”) Right-of-Way Acquisition Fees and Construction Costs (as defined in the Shawnee Trail Agreement) attributable to certain roadway improvements for Shawnee Trail as more particularly described in the Shawnee Trail Agreement (the “Shawnee Improvements”) are eligible for credit and/or reimbursement of roadway impact fees from a portion of some of the same service areas as shown in the Thoroughfare Service Areas for this Agreement. Specifically, a portion of the service area shown in the Thoroughfare Service Areas for this Agreement is also shown as part of the service area included with Exhibit C to the Shawnee Trail Agreement (such service area that is shown in both this Agreement and the Shawnee Trail Agreement, (the “Overlapping Service Area”), which overlapping service area is depicted in the approximate location shown in Exhibit F-2 attached hereto and incorporated herein for all purposes. As of the date hereof, a portion of the Shawnee Improvements, in the general location shown as “Constructed Shawnee Trail as of November 2025” on Exhibit F-1 attached hereto and incorporated herein for all purposes (the “Existing Shawnee Improvements”), have previously been constructed by Risland and/or Prior Developer (defined herein). The Shawnee Trail Agreement was partially assigned to DFW PROSPER FRONTIER 130 ACRES LLC, a Delaware limited liability company (“Prior Developer”) by that certain Partial Assignment and Assumption Page 186 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 8 of 35 of Legacy Garden at Prosper Trail Roadway Impact Fee Agreement, dated as of December 19, 2023, by and between Risland and Prior Developer, recorded as Instrument No. 2023000144983 on December 20, 2023 in the Official Public Records of Collin County, Texas and further partially assigned to Developer by that certain Assignment Agreement, dated as of January 24, 2024, by and between Prior Developer and Developer, recorded as Instrument No. 2024000009617 on January 29, 2024 in the Official Public Records of Collin County, Texas (collectively, the “Assignment”). Pursuant to and as further detailed in the Assignment, Developer will construct the remaining unconstructed portions of the Shawnee Improvements, in the general locations shown on Exhibit F-1 as “Remaining Shawnee Trail” (the “Remaining Shawnee Improvements”), in exchange for roadway impact fee credits and/or reimbursement in accordance with the Shawnee Trail Agreement. (b) As stated in the Shawnee Trail Agreement, timing for credit or reimbursement, as the case may be, of roadway impact fees for Roadway CIP projects that share the same service area are based upon the order of the Town’s acceptance of each particular Roadway CIP project. The Town acknowledges that the Thoroughfare Improvements subject to this Agreement and the Shawnee Improvements are both Roadway CIP projects. In this instance, the Town confirms and agrees that as of the date hereof, Risland has already submitted its total Right-of-Way Acquisition Fees and Construction Costs (as defined in the Shawnee Trail Agreement) of $1,007,703.20 for the Existing Shawnee Improvements to the Town and has already been reimbursed from or credited against in full from roadway impact fees in the amount of $1,007,703.20. Per the Shawnee Trail Agreement, “credit (or reimbursement) shall cease when the amount tendered, through the combination of credits and reimbursements equals the total sum of the Right-of-Way Acquisition Fees and Construction Costs.” Therefore, no further roadway impact fee credit or reimbursement (including without limitation from the Thoroughfare Service Areas) is or will be due or owing for the Existing Shawnee Improvements. As between the Thoroughfare Improvements subject to this Agreement and the Remaining Shawnee Improvements, the timing for roadway impact fee credit or reimbursement, as the case may be, from the Overlapping Service Area will be based upon the order of the Town’s acceptance of the Thoroughfare Improvements and the Remaining Shawnee Improvements (each an “Eligible Roadway CIP Project”). For purposes of clarification, upon the Town’s acceptance of the first Eligible Roadway CIP Project, Developer shall receive the reimbursement from or credit of all roadway impact fees collected from the Overlapping Service Area (and any other service area Developer is entitled to receive reimbursement from or credit against pursuant to the applicable agreement for such portion) until Developer is paid the full amount eligible for reimbursement or credit, as applicable. If a second Eligible Roadway CIP Project is accepted by the Town prior to full credit or reimbursement for the first Eligible Roadway CIP Project, no credit or reimbursement from the Overlapping Service Area will be received for the second Eligible Roadway CIP Project until credit or reimbursement for the first Eligible Roadway CIP Project has been paid in full. For the purpose of clarity, the Developer’s agreement to construct the Remaining Shawnee Improvements and any Page 187 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 9 of 35 related obligations originates from the Shawnee Trail Agreement, not this Agreement, and the completion of the Remaining Shawnee Improvements shall neither be deemed a condition to the Developer’s receipt of the Thoroughfare Cost Reimbursement due hereunder for the construction of the Thoroughfare Improvements nor impact or delay the date such becomes payable to the Developer. 5. Assignment. Developer shall have the right to assign this Agreement, in whole or in part (from time to time without the consent of the Town, but upon written notice to the Town) including any obligation, right, title, or interest of Developer under this Agreement, to (i) any person or entity that is or will become an owner of all or any portion of the Property; (ii) any homeowners’ association, property owners’ association or similar entity applicable to the Property or any portion thereof (each an “HOA”); or (iii) any entity that is controlled by, controlling or under common control with Developer (each such person or entity, an “Assignee”). Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent of any rights so assigned. A copy of each assignment shall be provided to the Town. Provided that an Assignee 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 (or portion thereof) 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. Except for an assignment permitted by Subparagraphs 5(i), 5(ii) or 5(iii) above, Developer may not assign this Agreement without the Town’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As to the sale of land by Developer to any party to whom this Agreement has not been assigned, in whole or in part, the purchaser thereof shall have no rights or obligations under this Agreement and this Agreement shall not apply with respect to such land. 6. Default. (a) If Developer fails to comply with any provision of this Agreement after receiving forty-five (45) days’ written notice to comply from the Town or such longer period as may be reasonably necessary provided that Developer commences to cure the default or breach within the 45-day period and proceeds with reasonable diligence thereafter to complete such cure (the “Cure Period”), then so long as such default continues after the expiration of the Cure Period and is not cured, the Town shall have the following remedies, in addition to the Town’s other rights and remedies: (i) to refuse, without notice and/or any other action, to issue and/or apply the reimbursements set forth in Paragraph 3. (b) For the avoidance of doubt, Developer shall not be in default under this Agreement if, within the Cure Period, Developer begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Page 188 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 10 of 35 (c) In the event Town fails to comply with the terms and conditions of this Agreement, Developer may seek specific enforcement of this Agreement, terminate this Agreement or pursue any other remedies available at law or in equity. 7. Other Applicable Development Ordinances. Unless otherwise expressly stipulated in this Agreement, nothing herein shall relieve any developer from responsibilities for the construction of other public improvements under applicable development ordinances of the Town. 8. Covenant Running with Land; Binding Agreement. This Agreement shall be a covenant running with the land and the Property and shall be binding upon the Parties and each Party’s respective officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. 9. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the Thoroughfare Impact Fees, as described in the Impact Fee Ordinance (with respect to the impact fees) and this Agreement. Town ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, sewer impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Town under any other ordinance, whether now existing or in the future arising except as provided herein. 10. 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. 11. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by (i) 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, (ii) by electronic mail; or (iii) by delivering the same in person to such Party via a hand–delivery service that provides a return receipt showing the actual date of delivery of the same to the addressee; or (iv) any overnight courier service such as Federal Express that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance with (i), (iii) or (iv) herewith shall be effective upon receipt at the address of the addressee. Notice given in accordance with (ii) herewith shall be effective upon receipt at the address of the addressee if given by 5:00 pm CT on a business day; otherwise, notice will be effective on the next business day. For purposes of this Agreement a “business day” is a day that is not a Saturday, Sunday, federal holiday or holiday in the State of Texas. For purposes of notice, the addresses of the Parties shall be as follows: Page 189 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 11 of 35 If to Town, addressed to it at: Town of Prosper ATTN: Mario Canizares, Town Manager P. O. Box 307 250 W. First Street Prosper, Texas 75078 Telephone: (972) 346-2640 E-mail: mcanizares@prospertx.gov With a copy to: Brown & Hofmeister, L.L.P. ATTN: Terrence S. Welch, Esq. 740 E. Campbell Road, Suite 800 Richardson, TX 75081 Telephone: (214) 747-6104 E-mail: twelch@bhlaw.net If to Developer, addressed to it at: Toll Southwest LLC c/o Toll Brothers ATTN: Mike Boswell, Vice President, Land Development 2555 SW Grapevine Parkway, Suite 100 Grapevine, TX 76051 E-mail: mboswell@tollbrothers.com With a copy to: Winstead PC ATTN: Laura Hoffmann 2728 N. Harwood Street Suite 500 Dallas, Texas 75201 E-mail: lhoffmann@winstead.com 12. 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 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). 13. Sovereign Immunity. The Parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has waived its sovereign immunity, and to that extent only. 14. 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 Page 190 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 12 of 35 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. 15. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 16. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 17. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof 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. 18. Savings/Severability. 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. 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. 19. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, except for monetary obligations (e.g., payment of a reimbursement), if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; strike; inclement weather; shortages or unavailability of labor, supplies, or materials; incidence of disease or other illness that reaches outbreak, epidemic, or pandemic proportions or other causes affecting the area in which the Property is located; utility failures or delays; or other circumstances that are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or performance requirement and any applicable completion deadline shall be extended for a period of time equal to the period such Party was delayed (“Force Majeure”). 20. Conflicts. In the event of any conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline or other Town-adopted or Town-enforced requirement, this Agreement shall control. Page 191 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 13 of 35 21. Authority to Execute. The Agreement shall become a binding obligation on the Parties 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 behalf of Developer has full authority to execute this Agreement and bind Developer to the same. This Agreement is and shall be binding upon the Parties and their respective successors, heirs, assigns, grantees, vendors, trustees and representatives. 22. Mediation. The Parties shall attempt in good faith to resolve any disagreement or conflict concerning this Agreement, including but not limited to any disagreement or conflict concerning the interpretation of this Agreement. Either Party may initiate negotiations to resolve such a disagreement or conflict by providing written Notice to the other Party (the “Initial Notice”), setting forth the subject of the conflict and the proposed solution. In the event such disagreement cannot be resolved by the Parties hereto within sixty (60) days of the receiving Party’s receipt of the Initial Notice, the Parties agree to submit such disagreement to nonbinding mediation before a single mediator mutually agreed upon by the Parties who has had at least ten (10) years’ relevant experience in the commercial real estate industry. If within fifteen (15) days after the date of mediation, the Parties have not reached agreement on resolution of the conflict or disagreement, then either Party may (but shall not be obligated to) commence an action in accordance with the requirements of Paragraph 10 herein. 23. Indemnification. From the Effective Date of this Agreement to the date on which all work with respect to the Thoroughfare Improvements is completed and all Thoroughfare Improvements, have been accepted by the Town (which acceptance will not be unreasonably withheld, conditioned or delayed), Developer, individually and on behalf of its respective officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees, does hereby agree to release, defend, indemnify and hold harmless the Town and its elected and appointed officials, officers, employees and agents from and against all damages, injuries (including death), claims, property damages (including loss of use) losses, demands, suits, judgments and costs, including reasonable attorney’s fees and expenses (including attorney’s fees and expenses incurred in enforcing this indemnity), caused by the negligent, grossly negligent, and/or intentional act and/or omission of the applicable developer, its officers, directors, partners, employees, representatives, agents, or any other third parties for whom such developer is legally responsible, in its/their performance of this Agreement, including but not limited to, the construction of the Thoroughfare Improvements contemplated herein (hereinafter “claims”). Developer is expressly required to defend the Town against all such claims arising under this Agreement, and the Town is required to reasonably cooperate and assist Developer in providing such defense. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense determined by a court of competent jurisdiction to be attributable to the willful misconduct or sole negligence of any indemnified party, and in the event of concurrent Page 192 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 14 of 35 fault or negligence of the Parties, liability, if any, will be allocated comparatively in accordance with the laws of the State of Texas. 24. Approval of Counsel. In its reasonable discretion, the Town shall have the right to approve counsel to be retained by Developer in fulfilling its obligation under Paragraph 23 hereunder to defend and indemnify the Town. The Town reserves the right to provide a portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation to do so. Any such action by the Town is not to be construed as a waiver of Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the Town pursuant to Paragraph 23 of this Agreement. Developer shall retain Town-approved defense counsel within fifteen (15) business days’ of the Town’s written notice that the Town is invoking its right to indemnification under this Agreement. 25. Survival. Paragraph 23, “Indemnification,” shall survive the termination of this Agreement. 26. Additional Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 27. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this 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. 28. 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. 29. 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 (after receiving all contractual offsets, credits and reimbursements) roughly proportional to the need for such land and (after receiving all contractual offsets, credits and reimbursements) 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 (after receiving all contractual offsets, credits and reimbursements) 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. Page 193 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 15 of 35 30. Estoppel. Any Party shall, at any time upon reasonable request by any other Party, provide an estoppel certificate or similar document evidencing that this Agreement is in full force and effect, that no event of default exists hereunder (or, if appropriate, specifying the nature and duration of any existing default and the steps required to cure the same), and/or any other improvements or obligations set forth in this Agreement. 31. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other things, legal review and revision of this Agreement and any resolutions needed for approval of this Agreement, negotiations and discussions with Developer’s attorney and the provision of advice to applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed $2,000 within thirty (30) days upon receipt of an invoice of same from Prosper. 32. Captions and Headings. The captions and headings of the paragraphs of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provision of this Agreement nor shall they be employed to interpret or aid in the construction of this Agreement. 33. Waiver. Waiver by either Party of any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party’s right thereafter to enforce and compel strict compliance. IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of the date first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW] Page 194 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 16 of 35 THE TOWN OF PROSPER, TEXAS By: __________________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ____ day of _______________, 2026, by Mario Canizares, Town Manager for the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. _____________________________________ Notary Public, State of Texas Page 195 Item 16. Page 196 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 18 of 35 EXHIBIT A-1 Tract 1 Property Legal Description SITUATED in the Town of Prosper, County of Collin, State of Texas, being a part of the Collin County School Land Survey, Abstract No. 147, being a part of the 221.617 acre tract conveyed by Special Warranty Deed from Legacy Estates At Prosper Trail, Inc. to BGY Prosper 221, LLC on November 17, 2017, as recorded in Instrument No. 20171121001544530, Official Public Records, Collin County, Texas, being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a 5/8 inch rebar found in the South right-of-way line of Frontier Parkway, a public street, at the most Northern Northeast corner of the 120.5159 acre tract of land conveyed to Legacy Frontier, LLC, recorded in Instrument No. 20150203000121210, said Official Public Records, and the most Northern Northwest corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE North 89 deg. 27 min. 08 sec. East, with the South right-of-way line of said Frontier Parkway and the a North line of said BGY Prosper 221, LLC 221.617 ac., a distance of 2,857.13 ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the Northwest corner of the 34.557 acre tract of land conveyed to Urban Heights at Frontier, LLC, recorded in Instrument No. 2022000131196, said Official Public Records and the most Northern Northeast corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE South 00 deg. 45 min. 19 sec. East, with the West line of said Urban Heights 34.557 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,325.77 ft. to a 1/2 inch capped rebar found, stamped “RPLS 6585” at the Northwest corner of the 34.709 acre tract of land conveyed to AABVC-DNT-WEST-FRT, LP, recorded in Instrument No. 20210820001693210, said Official Public Records, the Southwest corner of said Urban Heights at Frontier, LLC 34.557 ac. and an angle point of the herein described tract; THENCE South 00 deg. 45 min. 51 sec. East, with the West line of said AABVC-DNT-WEST- FRT 34.709 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,053.43 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the most Eastern Southeast corner of the herein described tract, SAID rebar bears North 00 deg. 45 min. 48 sec. West, 271.18 ft. from a 5/8 inch capped rebar found, stamped “Manhard” at the Southwest corner of said AABVC-DNT-WEST- FRT 34.709 ac.; THENCE Westerly, Northerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the following calls and distances: 1. South 89 deg. 14 min. 22 sec. West, a distance of 54.50 ft. to a point at a Southwest corner of the herein described tract; Page 197 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 19 of 35 2. North 00 deg. 45 min. 38 sec. West, a distance of 110.00 ft. to an Ell corner of the herein described tract; 3. South 89 deg. 14 min. 22 sec. West, a distance of 25.00 ft. to an Ell corner of the herein described tract; 4. South 00 deg. 45 min. 38 sec. East, a distance of 125.89 ft. to a point at a Southeast corner of the herein described tract; 5. South 89 deg. 15 min. 02 sec. West, a distance of 130.00 ft. to a point at a Southwest corner of the herein described tract ; 6. North 00 deg. 45 min. 38 sec. West, a distance of 7.75 ft. to an Ell corner of the herein described tract; 7. South 89 deg. 14 min. 22 sec. West, a distance of 50.00 ft. to an Ell corner of the herein described tract; 8. South 00 deg. 45 min. 38 sec. East, a distance of 9.18 ft. to a point; 9. South 46 deg. 02 min. 41 sec. West, a distance of 12.22 ft. to a point at the beginning of said curve; 10. Northwesterly, with a curve to the right, having a central angle of 1 deg. 17 min. 01 sec., a radius of 769.99 ft. (chord bears North 86 deg. 09 min. 46 sec. West, 17.25 ft.), an arc distance of 17.25 ft. to a point at the end of said curve; 11. North 85 deg. 31 min. 16 sec. West, a distance of 103.54 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the most Southern Southeast corner of the 13.038 acre tract of land conveyed to Prosper Independent School District, recorded in Instrument No. 20200817001343650, Official Public Records, (formerly a part of the BGY Prosper 221, LLC 221.617 ac.) and the most Southerly Southwest corner of the herein described tract; THENCE Northerly, Easterly, Westerly and Southerly with the East, North and West lines of said Prosper ISD 13.038 ac., the following calls and distances: 1. North 00 deg. 51 min. 37 sec. West, a distance of 135.99 ft. to a 5/8 inch rebar found at the beginning of curve; 2. Northeasterly, with a curve to the right, having a central angle of 7 deg. 59 min. 26 sec., a radius of 861.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 119.98 ft.), an arc distance of 120.08 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the beginning of a reverse curve; Page 198 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 20 of 35 3. Northeasterly, with a curve to the left, having a central angle of 7 deg. 59 min. 26 sec., a radius of 169.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 23.55 ft.), an arc distance of 23.57 ft. to a 5/8 inch capped rebar found, stamped “TNP”; 4. North 00 deg. 45 min. 45 sec. West, a distance of 271.36 ft. to a 1/2 inch rebar found at an Ell corner of said Prosper ISD 13.038 ac. and a Northwest corner of the herein described tract; 5. North 89 deg. 14 min. 15 sec. East, a distance of 130.00 ft. to a 5/8 inch rebar found at the most Eastern Southeast corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 6. North 00 deg. 45 min. 45 sec. West, a distance of 48.74 ft. to a 5/8 inch rebar found; 7. North 08 deg. 40 min. 57 sec. West, a distance of 59.23 ft. to a 5/8 inch rebar found at the beginning of curve; 8. Northwesterly, with a curve to the right, having a central angle of 6 deg. 05 min. 52 sec., a radius of 325.00 ft. (chord bears North 03 deg. 48 min. 41 sec. West, 34.57 ft.), an arc distance of 34.59 ft. to a 5/8 inch capped rebar found, stamped “TNP”; 9. North 00 deg. 45 min. 45 sec. West, a distance of 32.21 ft. to a 5/8 inch rebar found at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 10. South 89 deg. 14 min. 15 sec. West, a distance of 935.00 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 11. South 00 deg. 45 min. 45 sec. East, a distance of 404.64 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the beginning of said curve; 12. Southeasterly, with a curve to the left, having a central angle of 20 deg. 38 min. 16 sec., a radius of 270.00 ft. (chord bears South 11 deg. 07 min. 55 sec. East, 96.73 ft.), an arc distance of 97.25 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at a Southeast corner of the herein described tract; THENCE Westerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the following calls and distances: 1. South 67 deg. 41 min. 17 sec. West, a distance of 60.01 ft. to a point at the beginning of curve; Page 199 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 21 of 35 2. Southeasterly, with a curve to the right, having a central angle of 27 deg. 01 min. 05 sec., a radius of 330.00 ft. (chord bears South 27 deg. 01 min. 05 sec. East, 63.245 ft.), an arc distance of 63.34 ft. to a point at the end of said curve; 3. South 89 deg. 12 min. 50 sec. West, a distance of 124.41 ft. to a in an Easterly line of said Legacy Frontier, LLC 120.5159 ac., the Ell corner of said BGY Prosper 221, LLC 221.617 ac. and a Southwest corner of the herein described tract; THENCE North 01 deg. 14 min. 52 sec. West, with an East line of said Legacy Frontier, LLC 120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,105.02 ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the most Eastern Northeast corner of said Legacy Frontier, LLC 120.5159 ac. and an Ell corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE South 89 deg. 11 min. 54 sec. West, with a North line of said Legacy Frontier, LLC 120.5159 ac. and a South line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,532.96 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at an Ell corner of said Legacy Frontier, LLC 120.5159 ac. and the most Western Southwest corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE North 00 deg. 00 min. 34 sec. West, with an East line of said Legacy Frontier, LLC 120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,155.80 ft. to the PLACE OF BEGINNING and containing 99.343 ACRES of land. [Property description continues on the following pages.] Page 200 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 22 of 35 Tract 2 Property Legal Description Page 201 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 23 of 35 Page 202 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 24 of 35 EXHIBIT A-2 TRACT 1 Property Depiction Page 203 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 25 of 35 TRACT 2 Property Depiction Page 204 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 26 of 35 EXHIBIT B Thoroughfare Improvements (see attached) Page 205 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 27 of 35 Page 206 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 28 of 35 EXHIBIT C Estimated Construction Costs for the Thoroughfare Improvements Item No.Description Unit Quantity Unit Price Amount F-EI CONSTRUCTION ENTRANCE EA 1 3,500.00$ 3,500.00$ F-E2 CLEARING & GRUBBING (INCLUDES TREE CLEARING/DISPOSAL) AC 6.5 625.00$ 4,062.50$ F-E3 UNCLASSIFIED EXCAVATION, PLACEMENT, & COMPACTION CY 570 2.65$ 1,510.50$ F-E4 PLACEMENT OF EXCESS FILL CY 18,480 3.51$ 64,864.80$ F-E5 MOISTURE CONDITION ROADS, 4' DEPTH CY 12,892 2.70$ 34,807.62$ F-P1 10" REINFORCED CONCRETE PAVEMENT - MIN 3500 PSI W/ NO. 4 BARS 18" O.C.B.W. SY 8,401 65.00$ 546,065.00$ F-P2 12" THICK LIME STABILIZED SUBGRADE SY 9,669 4.50$ 43,510.50$ F-P3 HYDRATED LIME (81#/SY) - ASSUMING IN-PLACE UNIT WEIGHT OF 100 PCF TONS 392 300.00$ 117,600.00$ F-P4 MOISTURE BARRIER MIN. 10 MIL POLYETHYLENE SHEETING SY 3,269 2.00$ 6,538.00$ F-P5 DIRECTIONAL BARRIER FREE RAMP (WIDTH PER PLAN) EA 2 3,200.00$ 6,400.00$ F-P6 STANDARD STREET PAVEMENT HEADER LF 61 20.00$ 1,220.00$ F-P7 ROCK RIP RAP @ STREET PAVEMENT HEADER SY 4 125.00$ 500.00$ F-P8 SAWCUT/DEMO EXISTING CURB & CONCRETE LF 347 15.00$ 5,205.00$ F-P9 24" WHITE STOP LINE PM(1)-20 LF 24 10.00$ 240.00$ F-P10 8" WHITE LINE TXDOT PM(3)-20 LF 617 3.00$ 1,851.00$ F-P11 4" DASHED WHITE LINE TXDOT PM(3)-20 W/ TYPE I-C RAISED PAVEMENT MARKERS TXDOT PM(2)-20 LF 2,642 0.75$ 1,981.50$ F-P12 REFL PAV MARK TY I (W) TURN ARROW (90MIL) EA 10 165.00$ 1,650.00$ F-P13 REFL PAV MARK TY I (W) WORD (90MIL) EA 4 175.00$ 700.00$ F-P14 OM4-1 SIGN EA 6 150.00$ 900.00$ F-P15 R4-7 SIGN EA 1 385.00$ 385.00$ F-P16 W13-1-25 SIGN EA 1 360.00$ 360.00$ F-P17 W13-1-45 SIGN EA 3 360.00$ 1,080.00$ F-P18 R11-2 SIGN MOUNTED TO TYPE III BARRICADE EA 3 250.00$ 750.00$ F-P19 TYPE III BARRICADE EA 4 1,000.00$ 4,000.00$ F-P20 TRAFFIC CONTROL LS 1 1,000.00$ 1,000.00$ F-P21 MAINTENANCE BOND LS 1 8,000.00$ 8,000.00$ F-EC1 SILT FENCE LF 6,640 2.45$ 16,268.00$ F-EC2 INLET PROTECTION EA 12 175.00$ 2,100.00$ F-EC3 EROSION CONTROL BLANKET (CURLEX) LF 8,099 0.78$ 6,317.22$ F-LA1 SOD LAWN - SOUTH OF ROADWAY (ONLY 1' BEHIND BACK OF CURB) SF 2,671 1.00$ 2,670.60$ F-LA2 SEED LAWN - SOUTH OF ROADWAY AC 0 395.00$ 181.70$ F-LA3 SEED LAWN - MEDIAN AC 3 395.00$ 1,109.95$ F-LA4 LAWN IRRIGATION BY WATER TRUCK - MEDIAN (EXCLUDES WATER METER AND WATER COSTS; 16 WEEKS, 5 DAYS/WEEK)DAY 80 $ 1,200.00 $ 96,000.00 F-E5 MOISTURE CONDITION ROADS, 4' DEPTH CY 1,590 (2.70)$ (4,293.00)$ F-P1 10" REINFORCED CONCRETE PAVEMENT - MIN 3500 PSI W/ NO. 4 BARS 18" O.C.B.W. SY 1,173 (65.00)$ (76,245.00)$ F-P2 12" THICK LIME STABILIZED SUBGRADE SY 1,191 (4.50)$ (5,359.50)$ F-P3 HYDRATED LIME (81#/SY) - ASSUMING IN-PLACE UNIT WEIGHT OF 100 PCF TONS 48 (300.00)$ (14,400.00)$ F-P4 MOISTURE BARRIER MIN. 10 MIL POLYETHYLENE SHEETING SY 573 (2.00)$ (1,146.00)$ (101,443.50)$ 881,885.39$ Exhibit C Deduction of Median Opening, Left Turn Lanes, and Right Turn Lane Total Deduction of Median Opening, Left Turn Lanes, and Right Turn Lane Subtotal - Frontier Earthwork, Paving, Erosion Control, and Landscaping Frontier Earthwork, Paving, Erosion Control, and Landscaping Page 207 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 29 of 35 Item No.Description Unit Quantity Unit Price Amount F-D1 18" REINFORCED CONCRETE PIPE LF 943 67.28$ 63,445.04$ F-D2 24" REINFORCED CONCRETE PIPE LF 764 79.97$ 61,097.08$ F-D3 27" REINFORCED CONCRETE PIPE LF 5 92.08$ 460.40$ F-D4 42" REINFORCED CONCRETE PIPE LF 28 154.53$ 4,326.84$ F-D5 42" CLASS IV REINFORCED CONCRETE PIPE LF 15 175.09$ 2,626.35$ F-D6 8'X5' REINFORCED CONCRETE BOX LF 147 548.78$ 80,670.66$ F-D7 8'X5' GASKETED REINFORCED CONCRETE BOX LF 25 560.68$ 14,017.00$ F-D8 10'X5'GASKETED REINFORCED CONCRETE BOX LF 325 872.30$ 283,497.50$ F-D9 12'X4' REINFORCED CONCRETE BOX LF 31 923.78$ 28,637.18$ F-D10 12'X5' REINFORCED CONCRETE BOX LF 342 964.56$ 329,879.52$ F-D11 12'X5'GASKETED REINFORCED CONCRETE BOX LF 345 1,043.30$ 359,938.50$ F-D12 4' CONCRETE MANHOLE W' 30" LID ON TOP OF 12'X5' RCB CONNECTION EA 1 5,800.00$ 5,800.00$ F-D13 STANDARD 10' RECESSED CURB INLET EA 8 7,700.00$ 61,600.00$ F-D14 NON-STANDARD DEPTH 10' RECESSED CURB INLET EA 4 8,400.00$ 33,600.00$ F-D15 18" GABION MATTRESS SY 136 412.50$ 56,100.00$ F-D16 12" GROUTED RIP RAP OVER FILTER FABRIC SY 102 179.00$ 18,258.00$ F-D17 CONNECT TO EXISTING STORM EA 2 1,000.00$ 2,000.00$ F-D18 CONNECT TO PHASE 3 STORM EA 2 1,000.00$ 2,000.00$ F-D19 CUSTOM DOUBLE BARRELL HEADWALL WITH TXDOT TYPE SW-O CONCRETE WINGWALLS EA 1 49,400.00$ 49,400.00$ F-D20 VIDEO INSPECTION OF STORM DRAIN PIPE LF 2,970 1.80$ 5,346.00$ F-D21 TRENCH SAFETY LF 2,970 0.25$ 742.50$ 1,463,442.57$ 881,885.39$ 1,463,442.57$ 351,799.19$ 2,697,127.15$ 6. UNIT PRICES FOR SEEDING AND IRRIGATING LAWNS ARE BASED ON ESTIMATES RECEIVED FROM TERRADYNE ON 12/ 4/ 2025. 1. UNIT PRICES FOR EARTHWORK ARE BASED ON BIDS RECEIVED FROM FCS CONSTRUCTION ON 1/ 16/ 2025. 2. UNIT PRICES FOR PAVING ARE BASED ON BIDS RECEIVED FROM MARIO SINACOLA ON 7/28/2025. 4. UNIT PRICES FOR LANDSCAPING ARE BASED ON OPINION OF PROBABLE COST RECEIVED FROM GARRISON-JONES ON 7/28/2025. Contingency (15%) Total Frontier Storm Drainage System Subtotal: Frontier Storm Drainage System Subtotal: Frontier Paving System Subtotal: Frontier Storm Drainage System 5. UNIT PRICES FOR UTILITIES ARE BASED ON BIDS RECEIVED FROM C.W. YOUNG CONSTRUCTION ON 7/30/2025. NOTES: 3. UNIT PRICES FOR EROSION CONTROL ARE BASED ON BIDS RECEIVED FROM TERRADYNE ON 1/23/2025. Page 208 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 30 of 35 EXHIBIT D Third-Party Rights-of-Way and/or Easements [See attached.] Page 209 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 31 of 35 Page 210 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 32 of 35 EXHIBIT E Thoroughfare Service Areas [See attached.] Page 211 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 33 of 35 Page 212 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 34 of 35 EXHIBIT F-1 Existing and Remaining Shawnee Improvements Page 213 Item 16. THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 35 of 35 EXHIBIT F-2 Overlapping Service Area 4914-1490-9047v.15 Page 214 Item 16. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Water Impact Fees Reimbursement Agreement (Legacy Gardens Phases 3 and 4) Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of a water line along Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Description of Agenda Item: Toll Southwest LLC, is developing Legacy Gardens Phases 3 and 4 on the west side of Shawnee Trail south of Frontier Parkway. To facilitate the development, they have agreed to construct a 12” water line on Frontier Parkway from the western limit of the development to the eastern limit of the development adjacent to Shawnee Trail, as shown on Exhibit B in the agreement. Since the proposed water line is depicted on the Town of Prosper Water System Capital Improvement Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of water impact fees collected by the development. The purpose of the Water Impact Fees Reimbursement Agreement is to outline the obligations of the Town of Prosper, and Toll Southwest LLC, related to the design, construction, credit and reimbursement of collected water impact fees to fund the project. Budget Impact: The estimated cost for the design and construction of the extension of approximately 2,804 feet of a 12” water line is $447,598. The current anticipated water impact fees owed by the Legacy Gardens Phases 3 and 4 development is $1,031,670. In the event that full reimbursement has not been made to Toll Southwest LLC, by the Town after the expiration of ten (10) years from the date of the Town’s acceptance of the water line, the Town will reimburse Toll Southwest LLC, any shortfall. ENGINEERING SERVICES Page 215 Item 17. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Toll Southwest LLC, will contribute up to $2,000 towards the legal preparation fees. Attached Documents: 1. Town of Prosper Water System Capital Improvement Plan 2. Water Impact Fees Reimbursement Agreement Town Staff Recommendation: Town staff recommend the Town Council authorize the Town Manager to execute a Water Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of a water line along Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Proposed Motion: I move to approve authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the construction of a water line along Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments. Page 216 Item 17. Town of Prosper Water System Capital Improvement Plan (Legacy Gardens Phases 3 and 4) Frontier Parkway Legacy Drive Shawnee Trail DNT Page 217 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 1 of 27 WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) THIS WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) (“Agreement”) is made and entered into this ___ day of _______________, 2026 (the “Effective Date”), by and between the TOWN OF PROSPER, TEXAS (“Prosper” or the “Town”), and TOLL SOUTHWEST LLC, a Delaware limited liability company (“Developer”), collectively referred to as the “Parties” and each individually as a “Party”. W I T N E S S E T H: WHEREAS, Developer is developing Phase 3 and Phase 4 of a residential development on certain Property (defined herein) in the Town, known as “Legacy Gardens, Phases 3 and 4” (“Project”) which development previously has been approved by the Town; and WHEREAS, the legal description of the real property subject to this Agreement is attached hereto as Exhibit A-1, incorporated herein by reference for all purposes, and depicted on Exhibit A-2, incorporated herein by reference for all purposes (the “Property”); and WHEREAS, pursuant to the Water and Wastewater Improvement Plan (the “Master Water Plan”), Developer desires, subject to the terms and conditions set forth herein, to construct certain Water Improvements (as defined in Subparagraph 1(b), below) to serve the Property; and WHEREAS, Developer desires to fulfill a portion of its obligation to pay Water Impact Fees (as defined in Subparagraph 1(a), below) as prescribed in Article 10.02 of Chapter 10 of the Town’s Code of Ordinances, as now existing or as may hereafter be amended (the “Impact Fee Ordinance)”; and WHEREAS, in an effort to facilitate the construction of certain water improvements serving the Project, the Parties have agreed to the terms and provisions of this Agreement; and WHEREAS, this Agreement clearly is in the best interests of the Town and Developer and it is deemed mutually beneficial to each that the construction of water improvements for the Project proceed as is further described herein; and 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 Town and Developer covenant and agree as follows: Page 218 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 2 of 27 1. Impact Fees and Water Improvements. (a) Subject to the provisions of this Paragraph 1 and this Agreement, the Property will be assessed water impact fees at the rates then in effect pursuant to the Impact Fee Ordinance as it presently exists or may be subsequently amended (the “Water Impact Fees”). (b) As a condition to receipt of the Water Costs Reimbursement (hereinafter defined) and subject to Force Majeure, Developer shall, at its sole cost and expense, except as provided in Paragraph 3 below, construct and install or cause the construction and installation of: (i) approximately 2,804 linear feet of 12-inch waterline extension in Frontier Parkway; and (ii) one (1) 12-inch waterline stub (approximately 20 linear feet) to service residential street, Florencia Way, each in the locations generally depicted on Exhibit B, attached hereto and incorporated herein for all purposes (collectively referred to herein as the “Water Improvements”). The description of the Water Improvements in this Subparagraph 1(b) and/or location of such improvements shown on Exhibit B may be modified by the engineering plans for the Water Improvements as the design is further refined, and minor modifications to such description herein and/or location shown on Exhibit B may be approved by the Town’s Engineer without requiring an amendment of this Agreement. Notwithstanding the foregoing, Developer shall not be required to construct or fund any additional water improvements or facilities within or related to Frontier Parkway in excess of the scope of the Water Improvements as specifically described herein. The Water Improvements are a portion of Project No. 22 in the Master Water Plan. (c) Developer shall use commercially reasonable efforts to bid the construction of the Water Improvements as shown in the related construction plans set with three (3) Qualified Contractors (as defined herein) and shall provide copies of the bids received for such items to Town within thirty (30) days of Developer’s receipt of same. For the avoidance of doubt, Developer may bid the construction of the Water Improvements along with or separate from construction of other infrastructure improvements for the Project (e.g., road, drainage and/or trail improvements), in its discretion. Developer shall execute one or more contract(s) for the construction of the Water Improvements (which may also include construction of other infrastructure improvements for the Project, in Developer’s discretion) with the lowest responsible and qualified bidder, as mutually and reasonably determined by Town and Developer. With respect to the Water Improvements, Developer shall: (i) commence, or cause to be commenced, construction of the Water Improvements following: (A) the execution of this Agreement; and (B) approval of the Water Improvements’ engineering plans, specifications and designs by Town’s Engineer, which approval shall not be unreasonably withheld, conditioned or delayed; (ii) construct each portion of the Water Improvements in accordance with this Agreement and otherwise in accordance with Town-approved engineering plans, specifications and designs; and (iii) complete each portion of the Water Improvements and obtain Town’s acceptance of same prior to Town’s final acceptance of the Water Improvements. Notwithstanding anything to the contrary set forth herein or in applicable Town ordinances, rules or regulations, the Town agrees that if, in connection with construction of the Water Improvements, any trees are required to be removed pursuant to the Town approved plans and specifications for Page 219 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 3 of 27 construction of the Water Improvements, Developer may not be required to comply with any applicable tree mitigation requirements. Developer must inform the Town of any tree removal that does not comply with any applicable tree mitigation requirements. For purposes of this Agreement a “Qualified Contractor” means a person, firm, corporation or business entity that is the holder of a valid registration with the Town under Ch. 3, Building Regulations, Article 3.15 Registration of Contractors of the Code of Ordinances, Town of Prosper, Texas (“Town’s Code of Ordinances”). (d) For clarification, the construction and completion of the Water Improvements may occur after the approval and/or recordation of the final plat(s) for the Property, and the Town agrees the construction and/or completion of the Water Improvements will not be a condition to approval or recording of the final plat(s) for the Property. (e) After completion of the Water Improvements, Developer shall secure or shall cause its contractor to secure one or more maintenance bond(s) that guarantee(s) payment of the costs of any repairs that may become necessary to any part of the construction work performed in connection with the Water Improvements, arising from defective workmanship or materials used therein, for a period of two (2) years from the date of the Town’s acceptance of the Water Improvements. The bond may include other improvements Developer completes (e.g., thoroughfare improvements) related to the Water Improvements. From and after completion of the Water Improvements, or any portion thereof, the Town agrees to and will be responsible for all maintenance and operation of the Water Improvements, including costs related thereto (except any costs covered by the maintenance bond while such bond is in effect). (f) The estimated Water Improvements construction costs are approximately Four Hundred Forty-Seven Thousand Five Hundred Ninety-Eight and 20/100 Dollars ($447,598.20), as more particularly described in Exhibit C, attached hereto and incorporated herein for all purposes (the “Estimated Water Construction Costs”). Developer acknowledges and agrees that Town is relying on Developer’s engineer’s representation and warranty that the Estimated Water Construction Costs are as described in Exhibit C. Prior to receiving any reimbursement described in Paragraph 3 below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the actual Water Improvements construction costs (the “Water Improvement Costs”) have been paid by or on behalf of Developer, including but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other evidence reasonably required by Town evidencing payment of construction costs (“Evidence of Payment(s)”). (g) The Parties acknowledge that Developer shall construct the Water Improvements, as generally depicted in Exhibit B and as described herein and in Exhibit C, the cost of which do not exceed the municipal participation limit referenced in Section 212.072(b) of the Texas Local Government Code, as amended. 2. Easements. Page 220 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 4 of 27 (a) Prior to or substantially concurrent with the Town’s acceptance of the Water Improvements, Developer agrees to convey to the Town easements or rights-of-way for the portion of the Water Improvements within the bounds of the Property by plat or separate instrument in accordance with applicable Town subdivision ordinances. (b) Third-Party Rights-of-Way and/or Easements. The Town agrees that no rights-of-way or easements from third-parties will be needed or required for construction or completion of the Water Improvements; therefore, the Town agrees that it will not require Developer to obtain any rights-of-way or easements from third parties for the construction of the Water Improvements and will not require the scope of the Water Improvements to increase beyond the scope of such improvements as specifically defined and described in this Agreement (which such improvements are located within the bounds of the Property). 3. Reimbursement of Project Costs from Water Impact Fees. (a) Provided Developer completes or causes the completion of the Water Improvements in accordance with this Agreement, Developer shall receive reimbursement of its Water Improvement Costs from the Water Impact Fees collected by Town related to service from the Water Improvements, which shall include all Water Impact Fees collected from development within the Property and within the Water Service Areas (defined herein) subject to the terms of this Agreement. (b) A depiction of the service area(s) for the Water Improvements is attached hereto as Exhibit D and made part hereof (the “Water Service Areas”). The Water Service Areas may be expanded from time to time and, upon such expansion, Exhibit D shall be amended accordingly. (c) Water Impact Fees collected by Town related to service from the Water Improvements, including fees collected with respect both to service to the Property and service to property other than the Property within the Water Service Areas, if any, shall be utilized to reimburse Developer until the entire amount due to Developer for the Water Costs Reimbursement is paid in full. Exhibit D provides an estimate of remaining Water Impact Fees anticipated to be paid from properties in the Water Service Areas within the Property; however, the estimate is provided for informational purposes and the Water Costs Reimbursement herein shall not be limited by such estimate. (d) The reimbursement amount shall be an amount equal to the actual construction costs associated with the Water Improvements (the “Water Costs Reimbursement”). For the avoidance of doubt, the Water Costs Reimbursement is not limited by the Estimated Water Construction Costs, which is being provided for informational purposes. The phrase “construction costs” as used throughout this Agreement shall include design costs, construction costs (including but not limited to all costs for labor, supplies and materials), engineering costs, surveying costs, costs for any easements, inspection fees, maintenance bonds, staking costs, geotechnical materials testing associated with the Water Improvements or any portion thereof; and any other costs not listed herein but shown on Exhibit C. Page 221 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 5 of 27 (e) All Water Impact Fees collected by Town as set forth in Subparagraph 3(c) shall be paid by Town to Developer on a quarterly basis after Developer has provided the Town with the Evidence of Payment(s) evidencing the Water Improvement Costs in accordance with Subparagraph 1(f) herein, within thirty (30) days following each March 31, June 30, September 30, and December 31 until Developer has received the full amount of the Water Costs Reimbursement. (f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE WATER COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS ASSOCIATED WITH THE WATER IMPROVEMENTS UNLESS AND UNTIL DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S) EVIDENCING THE WATER IMPROVEMENT COSTS IN ACCORDANCE WITH SUBPARAGRAPH 1(F) HEREIN. (g) Developer and Town acknowledge and agree that: (i) the Water Impact Fees collected may be less than the Water Costs Reimbursement to which Developer is entitled and Town does not guarantee the amount of Water Impact Fees that will be collected; (ii) after a period of ten (10) years, any shortfall between the Water Impact Fees collected pursuant to Subparagraph 3(c) and the Water Costs Reimbursement due to Developer shall be paid to Developer from Town; and (iii) Water Impact Fees owed on the Property shall be paid in accordance with the Impact Fee Ordinance. 4. Assignment. Developer shall have the right to assign this Agreement, in whole or in part (from time to time without the consent of the Town, but upon written notice to the Town) including any obligation, right, title, or interest of Developer under this Agreement, to (i) any person or entity that is or will become an owner of all or any portion of the Property; (ii) any homeowners’ association, property owners’ association or similar entity applicable to the Property or any portion thereof (each an “HOA”); or (iii) any entity that is controlled by, controlling or under common control with Developer (each such person or entity, an “Assignee”). Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent of any rights so assigned. A copy of each assignment shall be provided to the Town. Provided that an Assignee 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 (or portion thereof) 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. Except for an assignment permitted by Subparagraphs 4(i), 4(ii) or 4(iii) above, Developer may not assign this Agreement without the Town’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As to the sale of land by Developer to any party to whom this Agreement has not been assigned, in whole or in part, the purchaser thereof shall have no rights or obligations under this Agreement and this Agreement shall not apply with respect to such land. 5. Default. Page 222 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 6 of 27 (a) If Developer fails to comply with any provision of this Agreement after receiving forty-five (45) days’ written notice to comply from the Town or such longer period as may be reasonably necessary provided that Developer commences to cure the default or breach within the 45-day period and proceeds with reasonable diligence thereafter to complete such cure (the “Cure Period”), then so long as such default continues after the expiration of the Cure Period and is not cured, the Town shall have the following remedy in addition to the Town’s other rights and remedies: (i) right to refuse, without notice and/or any other action, to issue and/or apply the reimbursements set forth in Paragraph 3. (b) For the avoidance of doubt, Developer shall not be in default under this Agreement if, within the Cure Period, Developer begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. (c) In the event Town fails to comply with the terms and conditions of this Agreement, Developer may seek specific enforcement of this Agreement, terminate this Agreement or pursue any other remedies available at law or in equity. 6. Other Applicable Development Ordinances. Unless otherwise expressly stipulated in this Agreement, nothing herein shall relieve any developer from responsibilities for the construction of other public improvements under applicable development ordinances of the Town. 7. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the Water Impact Fees, as described in the Impact Fee Ordinance (with respect to the impact fees) and this Agreement. Town ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, sewer impact fees, park fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Town under any other ordinance, whether now existing or in the future arising except as provided herein. 8. Covenant Running with Land; Binding Agreement. This Agreement shall be a covenant running with the land and the Property and shall be binding upon the Parties and each Party’s respective officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. 9. 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. 10. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by (i) depositing same in the United States mail, addressed to the Party to be notified, postage pre-paid and registered or certified with Page 223 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 7 of 27 return receipt requested, (ii) by electronic mail; or (iii) by delivering the same in person to such Party via a hand–delivery service that provides a return receipt showing the actual date of delivery of the same to the addressee; or (iv) any overnight courier service such as Federal Express that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance with (i), (iii) or (iv) herewith shall be effective upon receipt at the address of the addressee. Notice given in accordance with (ii) herewith shall be effective upon receipt at the address of the addressee if given by 5:00 pm CT on a business day; otherwise, notice will be effective on the next business day. For purposes of this Agreement a “business day” is a day that is not a Saturday, Sunday, federal holiday or holiday in the State of Texas. For purposes of notice, the addresses of the Parties shall be as follows: If to Town, addressed to it at: Town of Prosper ATTN: Mario Canizares, Town Manager P. O. Box 307 250 W. First Street Prosper, Texas 75078 Telephone: (972) 346-2640 E-mail: mcanizares@prospertx.gov With a copy to: Brown & Hofmeister, L.L.P. ATTN: Terrence S. Welch, Esq. 740 E. Campbell Road, Suite 800 Richardson, TX 75081 Telephone: (214) 747-6104 E-mail: twelch@bhlaw.net If to Developer, addressed to it at: Toll Southwest LLC c/o Toll Brothers ATTN: Mike Boswell, Vice President, Land Development 2555 SW Grapevine Parkway, Suite 100 Grapevine, TX 76051 E-mail: mboswell@tollbrothers.com With a copy to: Winstead PC ATTN: Laura Hoffmann 2728 N. Harwood Street Suite 500 Dallas, Texas 75201 E-mail: lhoffmann@winstead.com Page 224 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 8 of 27 11. 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 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). 12. Sovereign Immunity. The Parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has waived its sovereign immunity, and to that extent only. 13. 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. 14. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 16. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof 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. 17. Savings/Severability. 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. 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. 18. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, except for monetary obligations (e.g., payment of a reimbursement), if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; strike; inclement weather; shortages or unavailability of labor, Page 225 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 9 of 27 supplies, or materials; incidence of disease or other illness that reaches outbreak, epidemic, or pandemic proportions or other causes affecting the area in which the Property is located; utility failures or delays; or other circumstances that are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or performance requirement and any applicable completion deadline shall be extended for a period of time equal to the period such Party was delayed (“Force Majeure”). 19. Conflicts. In the event of any conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline or other Town-adopted or Town-enforced requirement, this Agreement shall control. 20. Authority to Execute. The Agreement shall become a binding obligation on the Parties 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 behalf of Developer has full authority to execute this Agreement and bind Developer to the same. This Agreement is and shall be binding upon the Parties and their respective successors, heirs, assigns, grantees, vendors, trustees and representatives. 21. Mediation. The Parties shall attempt in good faith to resolve any disagreement or conflict concerning this Agreement, including but not limited to any disagreement or conflict concerning the interpretation of this Agreement. Either Party may initiate negotiations to resolve such a disagreement or conflict by providing written Notice to the other Party (the “Initial Notice”), setting forth the subject of the conflict and the proposed solution. In the event such disagreement cannot be resolved by the Parties hereto within sixty (60) days of the receiving Party’s receipt of the Initial Notice, the Parties agree to submit such disagreement to nonbinding mediation before a single mediator mutually agreed upon by the Parties who has had at least ten (10) years’ relevant experience in the commercial real estate industry. If within fifteen (15) days after the date of mediation, the Parties have not reached agreement on resolution of the conflict or disagreement, then either Party may (but shall not be obligated to) commence an action in accordance with the requirements of Paragraph 9 herein. 22. Indemnification. FROM THE EFFECTIVE DATE OF THIS AGREEMENT TO THE DATE ON WHICH ALL WORK WITH RESPECT TO THE WATER IMPROVEMENTS IS COMPLETED AND ALL WATER IMPROVEMENTS, HAVE BEEN ACCEPTED BY THE TOWN (WHICH ACCEPTANCE WILL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED), DEVELOPER, INDIVIDUALLY AND ON BEHALF OF ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE TOWN AND ITS ELECTED AND Page 226 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 10 of 27 APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE) LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF THE APPLICABLE DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR ANY OTHER THIRD PARTIES FOR WHOM SUCH DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE WATER IMPROVEMENTS CONTEMPLATED HEREIN (HEREINAFTER “CLAIMS”). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND THE TOWN AGAINST ALL SUCH CLAIMS ARISING UNDER THIS AGREEMENT, AND THE TOWN IS REQUIRED TO REASONABLY COOPERATE AND ASSIST DEVELOPER IN PROVIDING SUCH DEFENSE. NOTWITHSTANDING THE FOREGOING, NO INDEMNIFICATION IS GIVEN HEREUNDER FOR ANY ACTION, DAMAGE, CLAIM, LOSS OR EXPENSE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF ANY INDEMNIFIED PARTY, AND IN THE EVENT OF CONCURRENT FAULT OR NEGLIGENCE OF THE PARTIES, LIABILITY, IF ANY, WILL BE ALLOCATED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 23. Approval of Counsel. In its reasonable discretion, the Town shall have the right to approve counsel to be retained by Developer in fulfilling its obligation under Paragraph 22 hereunder to defend and indemnify the Town. The Town reserves the right to provide a portion or all of its’ own defense, at its sole cost; however, the Town is under no obligation to do so. Any such action by the Town is not to be construed as a waiver of Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to indemnify the Town pursuant to Paragraph 22 of this Agreement. Developer shall retain Town-approved defense counsel within fifteen (15) business days’ of the Town’s written notice that the Town is invoking its right to indemnification under this Agreement. 24. Survival. Paragraph 22, “Indemnification,” shall survive the termination of this Agreement. 25. Additional Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 26. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this 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. Page 227 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 11 of 27 27. 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. 28. 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 (after receiving all contractual offsets, credits and reimbursements) roughly proportional to the need for such land and (after receiving all contractual offsets, credits and reimbursements) 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 (after receiving all contractual offsets, credits and reimbursements) 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 water service to the Property. 29. Estoppel. Any Party shall, at any time upon reasonable request by any other Party, provide an estoppel certificate or similar document evidencing that this Agreement is in full force and effect, that no event of default exists hereunder (or, if appropriate, specifying the nature and duration of any existing default and the steps required to cure the same), and/or any other improvements or obligations set forth in this Agreement. 30. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other things, legal review and revision of this Agreement and any resolutions needed for approval of this Agreement, negotiations and discussions with Developer’s attorney and the provision of advice to applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed $2,000.00 within thirty (30) days upon receipt of an invoice of same from Prosper. 31. Captions and Headings. The captions and headings of the paragraphs of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provision of this Agreement nor shall they be employed to interpret or aid in the construction of this Agreement. 32. Waiver. Waiver by either Party of any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party’s right thereafter to enforce and compel strict compliance. Page 228 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 12 of 27 IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of the date first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW] Page 229 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 13 of 27 THE TOWN OF PROSPER, TEXAS By: __________________________________ Name: Mario Canizares Title: Town Manager STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ____ day of _______________, 2026, by Mario Canizares, Town Manager for the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. _____________________________________ Notary Public, State of Texas Page 230 Item 17. Page 231 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 15 of 27 EXHIBIT A-1 Tract 1 Property Legal Description SITUATED in the Town of Prosper, County of Collin, State of Texas, being a part of the Collin County School Land Survey, Abstract No. 147, being a part of the 221.617 acre tract conveyed by Special Warranty Deed from Legacy Estates At Prosper Trail, Inc. to BGY Prosper 221, LLC on November 17, 2017, as recorded in Instrument No. 20171121001544530, Official Public Records, Collin County, Texas, being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a 5/8 inch rebar found in the South right-of-way line of Frontier Parkway, a public street, at the most Northern Northeast corner of the 120.5159 acre tract of land conveyed to Legacy Frontier, LLC, recorded in Instrument No. 20150203000121210, said Official Public Records, and the most Northern Northwest corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE North 89 deg. 27 min. 08 sec. East, with the South right-of-way line of said Frontier Parkway and the a North line of said BGY Prosper 221, LLC 221.617 ac., a distance of 2,857.13 ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the Northwest corner of the 34.557 acre tract of land conveyed to Urban Heights at Frontier, LLC, recorded in Instrument No. 2022000131196, said Official Public Records and the most Northern Northeast corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE South 00 deg. 45 min. 19 sec. East, with the West line of said Urban Heights 34.557 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,325.77 ft. to a 1/2 inch capped rebar found, stamped “RPLS 6585” at the Northwest corner of the 34.709 acre tract of land conveyed to AABVC-DNT-WEST-FRT, LP, recorded in Instrument No. 20210820001693210, said Official Public Records, the Southwest corner of said Urban Heights at Frontier, LLC 34.557 ac. and an angle point of the herein described tract; THENCE South 00 deg. 45 min. 51 sec. East, with the West line of said AABVC-DNT-WEST- FRT 34.709 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,053.43 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the most Eastern Southeast corner of the herein described tract, SAID rebar bears North 00 deg. 45 min. 48 sec. West, 271.18 ft. from a 5/8 inch capped rebar found, stamped “Manhard” at the Southwest corner of said AABVC-DNT-WEST- FRT 34.709 ac.; THENCE Westerly, Northerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the following calls and distances: 1. South 89 deg. 14 min. 22 sec. West, a distance of 54.50 ft. to a point at a Southwest corner of the herein described tract; Page 232 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 16 of 27 2. North 00 deg. 45 min. 38 sec. West, a distance of 110.00 ft. to an Ell corner of the herein described tract; 3. South 89 deg. 14 min. 22 sec. West, a distance of 25.00 ft. to an Ell corner of the herein described tract; 4. South 00 deg. 45 min. 38 sec. East, a distance of 125.89 ft. to a point at a Southeast corner of the herein described tract; 5. South 89 deg. 15 min. 02 sec. West, a distance of 130.00 ft. to a point at a Southwest corner of the herein described tract ; 6. North 00 deg. 45 min. 38 sec. West, a distance of 7.75 ft. to an Ell corner of the herein described tract; 7. South 89 deg. 14 min. 22 sec. West, a distance of 50.00 ft. to an Ell corner of the herein described tract; 8. South 00 deg. 45 min. 38 sec. East, a distance of 9.18 ft. to a point; 9. South 46 deg. 02 min. 41 sec. West, a distance of 12.22 ft. to a point at the beginning of said curve; 10. Northwesterly, with a curve to the right, having a central angle of 1 deg. 17 min. 01 sec., a radius of 769.99 ft. (chord bears North 86 deg. 09 min. 46 sec. West, 17.25 ft.), an arc distance of 17.25 ft. to a point at the end of said curve; 11. North 85 deg. 31 min. 16 sec. West, a distance of 103.54 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the most Southern Southeast corner of the 13.038 acre tract of land conveyed to Prosper Independent School District, recorded in Instrument No. 20200817001343650, Official Public Records, (formerly a part of the BGY Prosper 221, LLC 221.617 ac.) and the most Southerly Southwest corner of the herein described tract; THENCE Northerly, Easterly, Westerly and Southerly with the East, North and West lines of said Prosper ISD 13.038 ac., the following calls and distances: 1. North 00 deg. 51 min. 37 sec. West, a distance of 135.99 ft. to a 5/8 inch rebar found at the beginning of curve; 2. Northeasterly, with a curve to the right, having a central angle of 7 deg. 59 min. 26 sec., a radius of 861.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 119.98 ft.), an arc distance of 120.08 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the beginning of a reverse curve; Page 233 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 17 of 27 3. Northeasterly, with a curve to the left, having a central angle of 7 deg. 59 min. 26 sec., a radius of 169.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 23.55 ft.), an arc distance of 23.57 ft. to a 5/8 inch capped rebar found, stamped “TNP”; 4. North 00 deg. 45 min. 45 sec. West, a distance of 271.36 ft. to a 1/2 inch rebar found at an Ell corner of said Prosper ISD 13.038 ac. and a Northwest corner of the herein described tract; 5. North 89 deg. 14 min. 15 sec. East, a distance of 130.00 ft. to a 5/8 inch rebar found at the most Eastern Southeast corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 6. North 00 deg. 45 min. 45 sec. West, a distance of 48.74 ft. to a 5/8 inch rebar found; 7. North 08 deg. 40 min. 57 sec. West, a distance of 59.23 ft. to a 5/8 inch rebar found at the beginning of curve; 8. Northwesterly, with a curve to the right, having a central angle of 6 deg. 05 min. 52 sec., a radius of 325.00 ft. (chord bears North 03 deg. 48 min. 41 sec. West, 34.57 ft.), an arc distance of 34.59 ft. to a 5/8 inch capped rebar found, stamped “TNP”; 9. North 00 deg. 45 min. 45 sec. West, a distance of 32.21 ft. to a 5/8 inch rebar found at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 10. South 89 deg. 14 min. 15 sec. West, a distance of 935.00 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the herein described tract; 11. South 00 deg. 45 min. 45 sec. East, a distance of 404.64 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the beginning of said curve; 12. Southeasterly, with a curve to the left, having a central angle of 20 deg. 38 min. 16 sec., a radius of 270.00 ft. (chord bears South 11 deg. 07 min. 55 sec. East, 96.73 ft.), an arc distance of 97.25 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at a Southeast corner of the herein described tract; THENCE Westerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the following calls and distances: 1. South 67 deg. 41 min. 17 sec. West, a distance of 60.01 ft. to a point at the beginning of curve; Page 234 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 18 of 27 2. Southeasterly, with a curve to the right, having a central angle of 27 deg. 01 min. 05 sec., a radius of 330.00 ft. (chord bears South 27 deg. 01 min. 05 sec. East, 63.245 ft.), an arc distance of 63.34 ft. to a point at the end of said curve; 3. South 89 deg. 12 min. 50 sec. West, a distance of 124.41 ft. to a in an Easterly line of said Legacy Frontier, LLC 120.5159 ac., the Ell corner of said BGY Prosper 221, LLC 221.617 ac. and a Southwest corner of the herein described tract; THENCE North 01 deg. 14 min. 52 sec. West, with an East line of said Legacy Frontier, LLC 120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,105.02 ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the most Eastern Northeast corner of said Legacy Frontier, LLC 120.5159 ac. and an Ell corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE South 89 deg. 11 min. 54 sec. West, with a North line of said Legacy Frontier, LLC 120.5159 ac. and a South line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,532.96 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at an Ell corner of said Legacy Frontier, LLC 120.5159 ac. and the most Western Southwest corner of both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract; THENCE North 00 deg. 00 min. 34 sec. West, with an East line of said Legacy Frontier, LLC 120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,155.80 ft. to the PLACE OF BEGINNING and containing 99.343 ACRES of land. [Property description continues on the following pages.] Page 235 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 19 of 27 Tract 2 Property Legal Description Page 236 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 20 of 27 Page 237 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) Page 21 of 27 EXHIBIT A-2 TRACT 1 Property Depiction Page 238 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 22 of 27 TRACT 2 Property Depiction Page 239 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 23 of 27 EXHIBIT B Water Improvements [See attached.] Page 240 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 24 of 27 Page 241 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 25 of 27 EXHIBIT C Estimated Construction Costs for the Water Improvements Page 242 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 26 of 27 EXHIBIT D Water Service Areas [See attached.] Page 243 Item 17. WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 27 of 27 4933-3906-6231v.8 Page 244 Item 17. 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: Planned Development for Prosper Flex Park Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon an ordinance to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. (ZONE-25-0012) Description of Agenda Item: On January 13, 2026, the Town Council approved the proposed rezoning request by a vote of 6- 0. An ordinance has been prepared accordingly. 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. Ordinance 2. Ordinance Exhibits Town Staff Recommendation: Town Staff recommends approval to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. Proposed Motion: I move to approve/deny a request to amend the development standards, uses and conceptual layout of Planned Development-52, consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. PLANNING Page 245 Item 18. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING PLANNED DEVELOPMENT-52 (PD-52) BY REZONING A TRACT OF LAND CONSISTING OF 10.8 ACRES MORE OR LESS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE- 25-0012) from Prosper Trail Commercial LP (“Applicant”), to amend the planned development of 10.809 acres of land, more or less, Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A-1” and Exhibit “A-2”, attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended as follows: The zoning designation of the below described property containing 10.8 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-52 and being more particularly described in Exhibit “A-1” and Exhibit “A-2”, attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with (1) the Development Standards, attached Page 246 Item 18. Case No. ZONE-25-0012 Ordinance No. 2026-__, Page 2 hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Development Schedule, attached hereto as Exhibit E; (4) the Conceptual Elevations, attached hereto as Exhibit F; (5) the Elevation Descriptions, attached hereto as Exhibit F-1; (6) the Landscape Plan, attached hereto as Exhibit G; (7) the Open Space Plan, attached hereto as Exhibit H, all of which are incorporated herein for all purposes as if set forth verbatim. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a.One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b.One (1) copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm, or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 Page 247 Item 18. Case No. ZONE-25-0012 Ordinance No. 2026-__, Page 3 Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THE 10TH DAY OF FEBRUARY, 2026. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 248 Item 18. 0 340 680170 Feet DURHAMDRLAKETRAIL LNMIKE HOWARD LNOXFORD P L W PROSPER TRL FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLAS NORTH TOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW F I R S T ST RIC H LAND BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0012 Prosper Flex Park Planned Development Page 249 Item 18. 0 340 680170 Feet PD-12 SF-10 PD-8 SF-10 C R SF-15 PD-26 O/I PD-33 O C A PD-52 CC PD-26 O/I S-18 PD-26 O/I DURHAMDRLAKETRAIL LNMIKE HOWARD LNOXFORD PL W PROSPER TRL W PROSPER TRL FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0012 PLM Addition, Block A, Lot 1 – Provident Industrial Planned Development AmendmentPage 250 Item 18. Future Land Use Exhibit Subject Property Page 251 Item 18. PIEPKORN, SHAUN 9/19/2025 12:24 PM \\KIMLEY-HORN.COM\CN_WEA\FTW_SURVEY\064492135-PROSPER TRAIL SITE\DWG\064492135-ZONING EXHIBIT.DWG LEGAL DESCRIPTION BEING a 10.809 acre (470,846 square foot) tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of Lot 1, Block A of PLM Addition, an addition to the Town of Prosper, Collin County, Texas according to the plat recorded in Document No. 20110628010001150 of the Official Public Records of Collin County, Texas, said 10.809 acre (470,846 square foot) tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap (illegible) found for the northeast corner of said Lot 1 and the northwest corner of a called 19.648 acre tract of land described in the Special Warranty Deed to Pro-Build Real Estate Holdings, LLC recorded in Document No. 20060804001112910 of said Official Public Records of Collin County, Texas, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of Prosper Trail (90' right-of-way); THENCE South 11 degrees 31 minutes 22 seconds West, with the east line of said Lot 1 and the west line of said 19.648 acre tract of land, a distance of 1,203.52 feet to a 1/2-inch iron rod with cap (illegible) found for the southeast corner of said Lot 1 and the southwest corner of said 16.648 acre tract of land; THENCE South 89 degrees 27 minutes 49 seconds West, with the south line of said Lot 1, a distance of 400.48 feet to a 5/8-inch iron rod with cap stamped “HARRIS KOCHER” found for the southwest corner of said Lot 1 and the southeast corner of Lot 1, Block A of All Storage Prosper Addition, an addition to the Town of Prosper, Collin County, Texas recorded in Document No. 20210126010000220 of said Official Public Records of Collin County, Texas; THENCE North 11 degrees 33 minutes 32 seconds East, with the west line of said Lot 1, Block A of PLM Addition and the east line of said Lot 1, Block A of All Storage Prosper Addition, passing at a distance of 347.72 feet, a 5/8-inch iron rod with cap stamped “HARRIS KOCHER” found for the northeast corner of said Lot 1, Block A of All Storage Prosper Addition and the southeast corner of a called 14.00 acre tract of land described in the General Warranty Deed to PTCLP, LLC recorded in Document No. 20220308000381710 of said Official Public Records of Collin County, Texas, continuing with the west line of said Lot 1, Block A of PLM Addition and the east line of said 14.0 acre tract of land, in all, a distance of 1,203.46 feet to a 1/2-inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 and the northeast corner of said 14.00 acre tract of land, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of said Prosper Trail; THENCE North 89 degrees 25 minutes 57 seconds East, with the north line of said Lot 1 and the south right-of-way line of said Prosper Trail, a distance of 399.75 feet to the POINT OF BEGINNING and containing 470,846 square feet or 10.809 acres of land. I, Shaun Marvin Piepkorn, Registered Professional Land Surveyor in the State of Texas, do hereby attest that the metes and bounds and exhibit are prepared from a survey performed on the ground under my direct supervision. ___________________________________ Shaun Marvin Piepkorn Registered Professional Land Surveyor No. 6432 Kimley-Horn and Associates, Inc. 110 W. Interstate 20 Frontage Road, Suite 140 Weatherford, Texas 76086 Ph. 682-235-9512 TBPELS Firm No. 10194040 shaun.piepkorn@kimley-horn.com NOTE The bearing system for this survey is based on the Texas Coordinate System of 1983 (2011), North Central Zone (4202) based on observations made on 07/16/2025 with an applied combined scale factor of 1.000152710.STAT E O F TE X A SRE G I S T ER E D L A ND SUR V E YORPR O FE S S I O N AL6432 EXHIBIT A-1 ZONE-25-0012 Page 252 Item 18. LOT 1, BLOCK A PLM ADDITION DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. FIRE LANE-ACCESS EASEMENT DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. 24' FIRE LANE-ACCESS EASEMENT DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. 24' FIRE LANE-ACCESS EASEMENT DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. 15' WATER LINE EASEMENT DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. STREET EASEMENT TO CITY OF PROSPER DOCUMENT NO. 20101119001270300 O.P.R.C.C.T. W PROSPER TRAIL (90' RIGHT-OF-WAY) (CONCRETE PAVEMENT) DRAINAGE & DETENTION EASEMENT DOCUMENT NO. 20110628010001150 O.P.R.C.C.T. LOT 6, BLOCK A PROSPER BUSINESS PARK DOCUMENT NO. 20170830010004190 O.P.R.C.C.T. LOT 5, BLOCK A PROSPER BUSINESS PARK DOCUMENT NO. 20170830010004190 O.P.R.C.C.T. LOT 4, BLOCK A PROSPER BUSINESS PARK DOCUMENT NO. 20170830010004190 O.P.R.C.C.T. LOT 3, BLOCK A PROSPER BUSINESS PARK DOCUMENT NO. 20170830010004190 O.P.R.C.C.T. LOT 2, BLOCK A PROSPER BUSINESS PARK DOCUMENT NO. 20170830010004190 O.P.R.C.C.T. 10' DRAINAGE EASEMENT DOCUMENT NO. 20101118001268090 O.P.R.C.C.T. 10' DRAINAGE EASEMENT DOCUMENT NO. 20101118001268090 O.P.R.C.C.T. 10' DRAINAGE EASEMENT DOCUMENT NO. 20101118001268090 O.P.R.C.C.T. CALLED 19.648 ACRES PRO-BUILD REAL ESTATE HOLDINGS, LLC DOCUMENT NO. 20060804001112910 O.P.R.C.C.T. CALLED 14.00 ACRES PTCLP, LLC DOCUMENT NO. 20220308000381710 O.P.R.C.C.T. VARIABLE WIDTH DRAINAGE EASEMENT DOCUMENT NO. 20210126010000220 O.P.R.C.C.T. 20' UTILITY EASEMENT DOCUMENT NO. 20060126000108690 O.P.R.C.C.T. 12' BUILDING SETBACK DOCUMENT NO. 20060126000108690 O.P.R.C.C.T. 20' UTILITY EASEMENT DOCUMENT NO. 20060126000108690 O.P.R.C.C.T. P.O.B. 1/2" IRON ROD FOUND W/ CAP (ILLEGIBLE) 1/2" IRON ROD FOUND W/ CAP (ILLEGIBLE) 5/8" IRON ROD FOUND W/ CAP "HARRIS KOCHER" 1/2" IRON ROD FOUND W/ CAP (ILLEGIBLE)640641642643644645 6 4 6 64 7 648640641642647646645 5/8" IRON ROD FOUND W/ CAP "HARRIS KOCHER" 20' SANITARY SEWER EASEMENT DOCUMENT NO. 2023000115710 O.P.R.C.C.T.642641639637635633631631633635638641642642N11°33'32"E1203.46'N89°25'57"E 399.75'S11°31'22"W1203.52'S89°27'49"W 400.48' LOT 1, BLOCK A ALL STORAGE PROSPER ADDITION DOCUMENT NO. 20210126010000220 O.P.R.C.C.T. PROSPER TRAIL COMMERCIAL LP DOCUMENT NO. 2023000033675 O.P.R.C.C.T. PS LPT PROPERTIES INVESTORS DOCUMENT NO. 2011206002463630 O.P.R.C.C.T. ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-52 FLUP: LUMBER YARD ZONING PD-52 FLUP: BUSINESS PARK ZONING PD-26 FLUP: OFFICE/INDUSTRIAL VILLAGE AT PROSPER TRAIL PHASE 1 DOCUMENT NO. 20080430010001700 O.P.R.C.C.T.SOMERSET WAYOXFORD P L A C EDOWNING DR IVE APPROXIMATE DISTANCE TO COOK LANE = 825.5' APPROXIMATE DISTANCE TO COOK LANE = 588.3'200' FROM BOUNDARY200' FROM BOUNDARY200' FROM BOUNDARY 200' FROM BOUNDARY ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-26 FLUP: OFFICE/INDUSTRIAL ZONING PD-12 FLUP: SINGLE FAMILY HOMES 10.809 ACRES 470,846 SQUARE FEET COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147 347.72'GRID COORDINATES N:7,141,158.33 E:2,486,176.47 APPROXIMATE DISTANCE TO COLEMAN STREET = 1,375' GRID COORDINATES N:7,141,154.37 E:2,485,776.80 GRID COORDINATE N:7,139,975.50 E:2,485,535.70 GRID COORDINATES N:7,139,979.25 E:2,485,936.09 W PROSPER TRAIL N COLEMAN289DALLASN HAYSSAFETY MIKE HOWARDCopyright © 2025 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\FTW_SURVEY\064492135-PROSPER TRAIL SITE\DWG\064492135-ZONING EXHIBIT.DWG PLOTTED BYGARVEY, BRIAN 10/23/2025 1:31 PM LAST SAVED9/23/2025 9:29 AMScale Drawn by Checked by Date Project No.Sheet No. 09/18/2025 064492135 ZONING EXHIBIT A-2 ZONE-25-0012 PROSPER FLEX PARK 10.809 ACRES COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT No. 147 TOWN OF PROSPER COLLIN COUNTY, TEXAS N.T.S.VICINITY MAP SITE NORTH LINE TYPE LEGEND BOUNDARY LINE ADJACENT PROPERTY LINE EASEMENT LINE BUILDING LINE WATER LINE SANITARY SEWER LINE STORM SEWER LINE UNDERGROUND GAS LINE OVERHEAD UTILITY LINE UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE UNDERGROUND CABLE LINE FENCE CONCRETE PAVEMENT ASPHALT PAVEMENT UGT UGE XXXXW SS GAS OHE CBL FLOOD STATEMENT According to Federal Emergency Management Agency's Flood Insurance Rate Map No. 48085C0235J, for Collin County, Texas and incorporated areas, dated June 2, 2009, this property is located within Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain". If 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. NORTH 1 OF 11" = 80' GRAPHIC SCALE IN FEET 080 40 80 160 1" = 80'@ 24X36 BSG SMP LEGEND P.O.B.POINT OF BEGINNING O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS OWNER PROSPER TRAIL COMMERCIAL LP 10210 N CENTRAL EXPY STE 300 DALLAS, TEXAS 75231 CASE VAN LARE TEL. NO. 972-385-4164 CVANLARE@PROVIDENTREALTY.NET SURVEYOR KIMLEY-HORN AND ASSOCIATES, INC. 110 W. INTERSTATE 20 FRONTAGE ROAD, SUITE 140 WEATHERFORD, TEXAS 76086 SHAUN MARVIN PIEPKORN, RPLS TEL. NO. 682-235-9512 shaun.piepkorn@kimley-horn.com NOTES 1.The bearing system for this survey is based on the Texas Coordinate System of 1983 (2011), North Central Zone (4202) based on observations made on 07/16/2025 with an applied combined scale factor of 1.000152710. 2.The grid coordinates shown hereon are based on the Texas Coordinate System of 1983, North Central 4202, no scale and no projection. Weatherford, Texas 76086 110 W. Interstate 20 Frontage Road, Suite 140 Tel. No. (817) 335-6511 www.kimley-horn.comFIRM # 10194040 I, Shaun Marvin Piepkorn, Registered Professional Land Surveyor in the State of Texas, do hereby attest that the metes and bounds and exhibit are prepared from a survey performed on the ground under my direct supervision. ___________________________________ Shaun Marvin Piepkorn Registered Professional Land Surveyor No. 6432 Kimley-Horn and Associates, Inc. 110 W. Interstate 20 Frontage Road, Suite 140 Weatherford, Texas 76086 Ph. 682-235-9512 shaun.piepkorn@kimley-horn.com LEGAL DESCRIPTION BEING a 10.809 acre (470,846 square foot) tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of Lot 1, Block A of PLM Addition, an addition to the Town of Prosper, Collin County, Texas according to the plat recorded in Document No. 20110628010001150 of the Official Public Records of Collin County, Texas, said 10.809 acre (470,846 square foot) tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap (illegible) found for the northeast corner of said Lot 1 and the northwest corner of a called 19.648 acre tract of land described in the Special Warranty Deed to Pro-Build Real Estate Holdings, LLC recorded in Document No. 20060804001112910 of said Official Public Records of Collin County, Texas, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of Prosper Trail (90' right-of-way); THENCE South 11 degrees 31 minutes 22 seconds West, with the east line of said Lot 1 and the west line of said 19.648 acre tract of land, a distance of 1,203.52 feet to a 1/2-inch iron rod with cap (illegible) found for the southeast corner of said Lot 1 and the southwest corner of said 16.648 acre tract of land; THENCE South 89 degrees 27 minutes 49 seconds West, with the south line of said Lot 1, a distance of 400.48 feet to a 5/8-inch iron rod with cap stamped “HARRIS KOCHER” found for the southwest corner of said Lot 1 and the southeast corner of Lot 1, Block A of All Storage Prosper Addition, an addition to the Town of Prosper, Collin County, Texas recorded in Document No. 20210126010000220 of said Official Public Records of Collin County, Texas; THENCE North 11 degrees 33 minutes 32 seconds East, with the west line of said Lot 1, Block A of PLM Addition and the east line of said Lot 1, Block A of All Storage Prosper Addition, passing at a distance of 347.72 feet, a 5/8-inch iron rod with cap stamped “HARRIS KOCHER” found for the northeast corner of said Lot 1, Block A of All Storage Prosper Addition and the southeast corner of a called 14.00 acre tract of land described in the General Warranty Deed to PTCLP, LLC recorded in Document No. 20220308000381710 of said Official Public Records of Collin County, Texas, continuing with the west line of said Lot 1, Block A of PLM Addition and the east line of said 14.0 acre tract of land, in all, a distance of 1,203.46 feet to a 1/2-inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 and the northeast corner of said 14.00 acre tract of land, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of said Prosper Trail; THENCE North 89 degrees 25 minutes 57 seconds East, with the north line of said Lot 1 and the south right-of-way line of said Prosper Trail, a distance of 399.75 feet to the POINT OF BEGINNING and containing 470,846 square feet or 10.809 acres of land.STA T E O F T E X ASRE G I S T E R E DLAN D SUR V E Y O RPRO F E S S I O N ALSHAUN MARVIN PIEPKORN 6432 Page 253 Item 18. EXHIBIT "B" ZONE-25-0012 555 W. Prosper Trail Prosper Trail Commercial, LP, Owner/Representative PROSPER FLEX PARK PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE Prosper Trail Commercial LP intends to develop this site into a high-quality flex industrial campus designed to support a variety of light industrial, warehouse, and office users. The project will be thoughtfully planned to enhance both functionality for future tenants and the visual character of the surrounding area, contributing positively to the Town of Prosper. Page 254 Item 18. EXHIBIT "C" ZONE-25-0012 PROSPER FLEX PARK PD-COMMERCIAL CORRIDOR DISTRICT Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town's Zoning Ordinance (No. 05-20 as it currently exists or may be amended) and the Town's Subdivision Ordinance (No. 03-05 as it exists or may be amended) shall apply to the property. Commercial Corridor District -Prosper Flex Park: 1.1 GENERAL PURPOSE AND DESCRIPTION: The Commercial Corridor District is intended primarily for employment center uses such as light manufacturing, warehousing, wholesaling, office, and distribution operations, as well as service uses necessary to support such employment center uses. This tract shall be developed in accordance with the Commercial Corridor District Regulations as it exists or may be amended, except as otherwise set forth in these development standards. 1.2 REGULATIONS: A. Size of Yards: 1. Minimum Front Yard: Thirty (30) feet. 2. Minimum Side Yard: a. Twenty-five (25) feet for buildings. The minimum side yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. 3. Minimum Rear Yard: a. Twenty-five (25) feet for buildings. The minimum rear yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. B. Size of Lots: 1. Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. Page 255 Item 18. 3. Minimum Lot Depth: One hundred (100) feet. C. Maximum Height for Buildings: Two (2) stories, not greater than 40 feet. D. Lot Coverage: Sixty (60) percent. E. Floor Area Ratio: Maximum 1:1 1.3 PERMITTED USES: A. Compliance with State and Federal Law: No uses shall be allowed which are prohibited by State law or which operate in excess of State or Federal environment or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or the Texas Water Commission, as the case. B. High Risk or Hazardous Uses: 1. The uses listed in 1.3(C) below are permitted in the Commercial Corridor District, provided that such uses shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and which produces no noise exceeding the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property. 2. "High risk or hazardous" uses are not permitted in the Commercial Corridor District. In this section, "high risk or hazardous" use means any use whose operation, in the opinion of the Fire Chief, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of. C. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See the Zoning Ordinance for the conditional development standards. • Antique Shop and Used Furniture • Administrative, Medical, or Professional Office • Artisan's Workshop • Auto Parts Sales, Inside • Automobile Repair, Minor • Bank, Savings and Loan, or Credit Union • Building Material and Hardware Sales Minor • Business Service • Cabinet/Upholstery Shop Page 256 Item 18. • Catering • Commercial Amusement, Indoor • Contractor's Shop • Equipment and Machinery Sales and Rental, Minor • Furniture, Home Furnishings and Appliance Store • Furniture Restoration • Governmental Office • Gunsmith • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • House of Worship • Household Appliance Service and Repair • Indoor Gun Range S • Insurance Office • Limited Assembly and Manufacturing Use Complying with Performance Standards • Locksmith/Security System Company • Museum/Art Gallery • Office/Showroom • Office/Warehouse • Print Shop, Minor • Private Recreation Center • Repair Service, Indoor • Research and Development Center • Restaurant C • Retail/Service Incidental Use • Retail Stores and Shops • Veterinarian Clinic and/or Kennel, Indoor 1.4 EXTERIOR APPEARANCE OF BUILDINGS: As shown in Exhibit F & F-1, the “FRONT A” facades facing Prosper Trail and the “SIDE 1” facades facing the central drive which includes all storefronts shall incorporate a combination of Cultured Natural Shaped Field Stone and concrete tilt wall elements. The canopies on the “FRONT A” and “SIDE 1” façade shall meet the architectural articulations requirements. Permitted exterior materials for the “SIDE 2” and “REAR” facades include concrete tilt wall or masonry materials as generally shown on the conceptual renderings. The architectural articulation on the “SIDE 2” and “REAR” facades will be similar to what is shown in Exhibit F. Buildings shall comply with the attached conceptual renderings (Exhibit F). The roof shall be a low- slope roof with white TPO (Thermoplastic Polyolefin) Membranes. Page 257 Item 18. 1.5 PERIMETER LANDSCAPING: • West & South Line Perimeter: Small Trees & Shrubs. West and South line perimeter landscaping will consist of one small, thirty (30) gallon tree, eight (8) feet high at time of planting, and a mix of 5 gal. Japanese Barberry and Texas Sage shrubs, three (3) feet high at time of planting, reaching six (6) feet high in two growing seasons. One (1) small tree shall be placed for every twenty-five (25) linear feet of perimeter line. One (1) shrub shall be placed for every ten (10) linear feet of perimeter line. Trees and shrubs may be grouped as represented on Exhibit G. • East Line Perimeter: East line perimeter landscaping will consist of a mix of 5 gal. Glossy Abelia and Burford Holly shrubs, three (3) feet high at time of planting at four (4) feet on center, the latter two being of the tall variety, reaching six (6) feet high within two growing seasons. Shrubs shall be placed in a continuous row that runs the entire length of the East line perimeter to offset the lack of perimeter trees. No trees are to be planted along the east line adjoining property owner's chain-link fencing due to the existing power lines. The existing adjoiner owned chain- link fencing would remain as it exists on the east line. • Prosper Trail (North Perimeter Line): Prosper Trail landscaping shall be installed as shown on Exhibit G and per the current Zoning Ordinance standards. • Open Space Amenities: Prosper Flex Park will provide thoughtfully designed open space amenities to enhance usability for future tenants. The open area north of Building 1 will feature two tables, two benches, two bike racks, and a trash receptacle. Buildings 2, 3, and 4 will each have adjacent open spaces equipped with a table, a bench, a bike rack, and a trash receptacle. Additionally, the landscaped area surrounding the pond—maintained at a normal pool level—will include two tables and three benches positioned along a walking trail that encircles the pond, offering a scenic and functional outdoor experience. • Open Space Area: The minimum open space area shall constitute 11.3% of the property, as depicted on Exhibit H. Page 258 Item 18. FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLOHE OHE OHE OHE OHE OHE ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 86, 14.0 ACRES OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 2 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 3, 18.925 ACRES OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 3 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 4 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 5 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 6 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL ALL STORAGE PROSPER ADDITION(CPR), BLOCK A,, LOT 1 OFFICE/INDUSTRIAL 20' SANITARY SEWER EASEMEMT DOCUMENT NO. 2023000115710 O.P.R.C.C.T. PROSPER TRAIL 64064264 4 646 64 6 648 64864 4 646FH FH FH WM APROX. 54' EX STORAGE APROX. 104' EX TRANSITION 97'60' RETENTION POND 15' SANITARY SEWER EASEMENT EX FH EX FH EXISTING DRAINAGE EASEMENT 30' FRONT YARD SETBACK 25' BUILDING SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 25' BUILDING SETBACK 25' BUILDING SETBACK 5' LANDSCAPE SETBACK RETAINING WALL 26' FIRE LANE, ACCESS, DRAINAGE, UTILITY EASEMENT 26' FIRE LANE, ACCESS, DRAINAGE, UTILITY EASEMENT EXISTING DRAINAGE EASEMENT EX FENCE TO REMAIN EX FENCE TO REMAIN REMOTE FDC WITH BOLLARD PROTECTION ON ALL 4 CORNERS 75' ATMOS EASEMENT DOC NO. 2020020600171440, R.P.R.C.C.T. 20' SANITARY AND WATERLINE EASEMENT DOC. NO..20060126000108690 R.P.R.C.C.T. 30' FIRE LANE AND WATERLINE EASEMENT DOC NO. 20151221001584210, R.P.R.C.C.T. 25' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT EXISTING DRAINAGE EASEMENT EXISTING DRAINAGE EASEMENT EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING EX BUILDING EX BUILDINGEX BUILDINGEX BUILDINGEX BUILDING EX BUILDINGEX BUILDING EX FENCED UTILITIES EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL WALL 227' EXISTING FIRE LANE AND ACCESS EASEMENT TO BE ABANDONED 208'319' PROPOSED FIRE LANE AND ACCESS EASEMENT R10' 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL WALL 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL WALL 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL WALL BUILDIN G 1 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 2 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 3 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 4 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' 50' BACKING 50' BACKING FH FH REMOTE FDC W/ BOLLARD PROTECTION ON ALL 4 CORNERS FH FH FH 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10'X20' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10'X20' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT 10' WATER EASEMENT S11°31'22"W1203.52'N89°27'49"E 400.48' N11°33'32"E 1203.46' S89°25'57"W 399.75' R30' R30' R30' R54' R10' R10' R10'R10' R10' R30' R54' R54' 60' EX. MEDIAN OPENING R30' FH WM FH R30' R112' R30'R10' R10' R30' R30' R10' R30' 90' 110' FH 10' WATER EASEMENT R10'R10' R10' R10' R20' R20' R30' RETAINING WALL 20' (TYP.)20'(TYP.)20'(TYP.)9'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.) 20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)20' (TYP.)9'(TYP.)30' 30' 25' 25' 30' 30'20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.) 9' (TYP.)14'20'(TYP.)9' (TYP.) 9' (TYP.) 9' (TYP.)14'20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)24'24'350'350'350'350'50'9' (TYP.) 23'11'23'11'18'(TYP.)18'(TYP.)23'11'20'(TYP.)90' 110' 110'14'14'110' 26' 26' 26' R30' R30' R30'R30' 10' TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) 36' POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) R15' R10' R15' R15' R30' 15' WATER EASEMENT EX 6' SIDEWALK 6' 38' 11' 25' 11' 38' 25' 6' 38' 25' 25' 25' 38'6' 25' BOLLARDS This 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.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928KEMKEMJCRLAST SAVED11/18/2025 3:11 PMPLOTTED BYKORUS, RACHEL 11/18/2025 3:17 PMDWG PATHK:\MKN_CIVIL\064492135-PROVIDENT PROSPER TRAIL INDUSTRIAL\CAD\PLANSHEETSDWG NAMECONCEPTUAL PLAN.DWG , [ 24 x 36 ]IMAGESXREFS xStrm : xSurv : xUtil : xBrdr : xAerial : xHtch : xSite : xStrm - Rev064492135PROVIDENT INDUSTRIALPROSPER, TEXAS© 2024 KIMLEY-HORN AND ASSOCIATES, INC.04/17/2024CONCEPT PLAN00 60'120' GRAPHIC SCALE 60' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR VICINITY MAP N.T.S. ROAD NAME COLLECTOR ARTERIAL HIGHWAY PROSPER TRAIL PROJECT LOCATION INDUSTRY WAY MIKE HOWARD LANEBSNF RAILROADN COLEMAN STREETProsper Trail Commercial LP 10210 N Central Expy Ste 300 Dallas, TX 75231-3470 Contact: Hunter Graham Phone: (972)-385-4149 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 1.ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 2.NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE. NOTES SITE DATA SUMMARY TABLE ZONING LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL HANDICAP REQUIRED 7 SPACES TOTAL HANDICAP PROVIDED 8 SPACES USABLE OPEN SPACE REQUIRED 32,959 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 53,441 SQ. FT. (11%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS IMPERVIOUS SURFACE 178,470 SQ. FT. INTERIOR LANDSCAPING REQUIRED 3,975 SQ. FT. INTERIOR LANDSCAPING PROVIDED 8,454 SQ. FT. PROPOSED USE TOTAL PARKING REQUIRED (1:250 FOR OFFICE = 37,000 SF: 148) (1:1000 FOR WAREHOUSE = 117,000 SF: 117) PD-52/CC 117,000 GSF (WAREHOUSE) 37,000 GSF (OFFICE) 265 SPACES OFFICE/WAREHOUSE/ 470,844 SF;10.817 AC 32.7% 40' (1 STORY) .33:1 TOTAL PARKING PROVIDED 265 SURFACE SPACES TECHNOLOGYLNPage 259 Item 18. EXHIBIT "E" ZONE-25-0012 555 W. Prosper Trail Prosper Trail Commercial, LP, Owner/Representative PROSPER FLEX PARK PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE: Following completion of all required zoning and permitting, PFP will begin construction of four 38,500-square-foot flex buildings. The project is anticipated to be completed in approximately 12 months. Page 260 Item 18. Page 261 Item 18. Page 262 Item 18. Page 263 Item 18. Page 264 Item 18. Page 265 Item 18. Page 266 Item 18. Page 267 Item 18. Page 268 Item 18. FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLOHE OHE OHE OHE OHE OHE ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 86, 14.0 ACRES OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 2 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 3, 18.925 ACRES OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 3 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 4 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 5 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, BLOCK A, LOT 6 DOC. NO. 20170830010004190 OFFICE/INDUSTRIAL ALL STORAGE PROSPER ADDITION(CPR), BLOCK A,, LOT 1 OFFICE/INDUSTRIAL 20' SANITARY SEWER EASEMEMT DOCUMENT NO. 2023000115710 O.P.R.C.C.T. PROSPER TRAIL EXISTING DRAINAGE EASEMENT 75' ATMOS EASEMENT DOC NO. 2020020600171440, R.P.R.C.C.T. 20' SANITARY AND WATERLINE EASEMENT DOC. NO..20060126000108690 R.P.R.C.C.T. 30' FIRE LANE AND WATERLINE EASEMENT DOC NO. 20151221001584210, R.P.R.C.C.T. EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING EX BUILDING EX BUILDINGEX BUILDINGEX BUILDINGEX BUILDING EX BUILDINGEX BUILDING EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING BUILDIN G 1 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 2 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 3 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' BUILDIN G 4 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 'S11°31'22"W1203.52'N89°27'49"E 400.48'N11°33'32"E1203.46'S89°25'57"W 399.75' TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER TRUCK WELL (TYP.) W/ 8' TALL CONCRETE WALL AND 5' LANDSCAPE BUFFER POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) FRONT A FRONT A FRONT B FRONT B REAR REAR REAR REAR SIDE 2SIDE 2SIDE 2SIDE 2SIDE 1SIDE 1SIDE 1SIDE 1This 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.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928KEMKEMJCRLAST SAVED11/18/2025 2:46 PMPLOTTED BYKORUS, RACHEL 11/18/2025 3:13 PMDWG PATHK:\MKN_CIVIL\064492135-PROVIDENT PROSPER TRAIL INDUSTRIAL\CAD\EXHIBITSDWG NAMEEXHIBIT F-1.DWG , [ 24 x 36 ]IMAGESXREFS xStrm : xSurv : xUtil : xBrdr : xAerial : xHtch : xSite : xStrm - Rev064492135PROVIDENT INDUSTRIALPROSPER, TEXAS© 2024 KIMLEY-HORN AND ASSOCIATES, INC.04/17/2024Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132468 RACHEL A. KORUS 07/29/2025 ELEVATIONDESCRIPTIONS00 60'120' GRAPHIC SCALE 60' Prosper Trail Commercial LP 10210 N Central Expy Ste 300 Dallas, TX 75231-3470 Contact: Hunter Graham Phone: (972)-385-4149 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 Page 269 Item 18. SSSS SS SSSSSS SS SS SSS WWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W WWSSSSSWWWW WWWW WWWW WWWWXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X XXXXXXXX XXXXXXOHEOHEOHEOHEOHEOHEX XXABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 86, 14.0ACRESOFFICE/INDUSTRIALABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 3, 18.925ACRESOFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 3DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 4DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 5DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 6DOC. NO. 20170830010004190OFFICE/INDUSTRIALFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\WWWWWWWWWWWWWPROSPER TRAILFFF25'-0"FFFFFFFFFFFPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPFPPFPPPPPSYMBOLCOMMON / BOTANICAL NAMETREESBald Cypress / Taxodium distichumChinkapin Oak / Quercus muehlenbergiiLacey Oak / Quercus laceyiTexas Red Oak / Quercus texanaORNAMENTAL TREEMexican Plum / Prunus mexicanaRedbud / Cercis canadensis 'Forest Pansy'SHRUBSBurford Holly / Ilex cornuta `Burfordii`Glossy Abelia / Abelia x grandifloraJapanese Barberry / Berberis thunbergiiMorning Light Maiden Grass / Miscanthus sinensis 'Morning Light'Red Yucca / Hesperaloe parvifloraTexas Sage / Leucophyllum frutescensGRASSESAutumn Blush Muhly / Muhlenbergia lindheimeri `Autumn Glow`SYMBOLCOMMON / BOTANICAL NAMEGROUND COVERSAsiatic Jasmine / Trachelospermum asiaticumBermuda Grass / Cynodon dactylonVariegated Lily Turf / Liriope muscari `Variegata`PLANT SCHEDULEShredded Hardwood Mulch\\\\\\\\\\\\\\Steel EdgingMISC.This 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 260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069 PHONE: 469-301-2580 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 MRP KMR MRP LAST SAVED 12/5/2025 11:05 AMPLOTTED BY ROBESON, KATELYN 12/5/2025 11:07 AMDWG PATH K:\MKN_LALP\_PROJECTS\064492135 - PROVIDENT PROSPER TRAIL INDUSTRIAL\CAD\SHEETSDWG NAME LP 1.01 LANDSCAPE PLAN.DWG , [ LC 1.00 - OVERALL LAYOUT ]IMAGESXREFS xBrdr : xAnno : xPlant : oPG : xExutil : xSite : xStrm : xSurv : xUtil : xTree 064585301 PROVIDENT INDUSTRIAL PROSPER, TEXAS © 2025 KIMLEY-HORN AND ASSOCIATES, INC. NOVEMBER 2025 3369MARIE E. PEZZOLANot for construction or permit purposes.FOR REVIEW ONLYP.L.A.L.A. No.Date11/18/2025EXHIBIT GEX-GNORTHProsper Trail Commercial LP10210 N Central Expy Ste 300Dallas, TX 75231-3470Contact: Hunter GrahamPhone: (972)-385-4149Kimley-Horn and Associates, Inc.260 East Davis Street Suite 100McKinney, Texas 75069Contact: Rachel Korus, P.E.Phone: (469)-301-25940GRAPHIC SCALE IN FEET60 3060120LANDSCAPE PLAN Page 270Item 18. SWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W WWSSSSSWWWW WWWW WWWW WWWWXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X XXXXXXXX XXXXXXOHEOHEOHEOHEOHEOHEX XXABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 86, 14.0ACRESOFFICE/INDUSTRIALABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 3, 18.925ACRESOFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 3DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 4DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 5DOC. NO. 20170830010004190OFFICE/INDUSTRIALPROSPER BUSINESS PARK, BLOCK A, LOT 6DOC. NO. 20170830010004190OFFICE/INDUSTRIALFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLWWWWWWWWWWWWWPROSPER TRAILThis 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 260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069 PHONE: 469-301-2580 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 MRP KMR MRP LAST SAVED 11/17/2025 5:36 PMPLOTTED BY MARTINEZ, EDUARDO 12/5/2025 10:13 AMDWG PATH K:\MKN_LALP\_PROJECTS\064492135 - PROVIDENT PROSPER TRAIL INDUSTRIAL\CAD\SHEETSDWG NAME OS 1.00 OPEN SPACE PLAN.DWG , [ OPEN SPACE EXHIBIT ]IMAGESXREFS xBrdr : xAnno : xPlant : oPG : xExutil : xSite : xStrm : xSurv : xUtil : xTree 064585301 PROVIDENT INDUSTRIAL PROSPER, TEXAS © 2025 KIMLEY-HORN AND ASSOCIATES, INC. NOVEMBER 2025 3369MARIE E. PEZZOLANot for construction or permit purposes.FOR REVIEW ONLYP.L.A.L.A. No.Date11/18/2025OPEN SPACE PLANEX-HNORTH0GRAPHIC SCALE IN FEET60 3060120LEGENDPICNIC TABLELITTER RECEPTACLEDECOMPOSED GRANITEPATHBIKE RACKBENCHOPEN SPACE AREAProsper Trail Commercial LP10210 N Central Expy Ste 300Dallas, TX 75231-3470Contact: Hunter GrahamPhone: (972)-385-4149Kimley-Horn and Associates, Inc.260 East Davis Street Suite 100McKinney, Texas 75069Contact: Rachel Korus, P.E.Phone: (469)-301-2594OPEN SPACE AREA, TYP.OPEN SPACE AREA, TYP.LANDSCAPE AREALANDSCAPE AREA, TYP.Page 271Item 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: Development Agreement for Prosper Flex Park Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Prosper Trail Commercial, LP and the Town of Prosper relative to Prosper Flex Park. (DEVAGRE-25-0005) Description of Agenda Item: On January 13, 2026, the Town Council approved the proposed rezoning request by a vote of 6- 0 (Councilmember Andres absent). A Development Agreement has been prepared accordingly. 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. Development Agreement Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Development Agreement between Prosper Trail Commercial, LP and the Town of Prosper relative to Prosper Flex Park. PLANNING Page 272 Item 19. Page 2 of 2 Proposed Motion: I move to authorize/not authorize the Town Manager to execute a Development Agreement between Prosper Trail Commercial, LP and the Town of Prosper relative to Prosper Flex Park. Page 273 Item 19. DEVAGRE-25-0005 Page 1 of 17 PROSPER FLEX PARK DEVELOPMENT AGREEMENT THIS PROSPER FLEX PARK DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Prosper Trail Commercial LP (“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 Prosper Flex Park (“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 January 13, 2026, 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 274 Item 19. DEVAGRE-25-0005 Page 2 of 17 3. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. B. In the event that any Landscape Area or plants or vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetatio n and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failu re to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, and any obligations referenced in said Paragraph shall not be applicable to this Paragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. 4. Periodic Review of the Property’s Zoning by the Town Council. The Town Council reserves the right to periodically review the progress and/or scope of development of the Property pursuant to the terms of any zoning regulations applicable to the Property, and in the event any amendment(s) or revision(s) to said zon ing regulations are deemed reasonably appropriate and have the written approval of the Developer, the Town may provide appropriate notices for Town consideration of same, pursuant to the provisions of Chapter 211 of the Texas Local Government Code, as amended, and the Town’s Zoning Ordinance, as amended. Page 275 Item 19. DEVAGRE-25-0005 Page 3 of 17 5. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 6. 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. 7. 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 8. 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. 9. 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: Page 276 Item 19. DEVAGRE-25-0005 Page 4 of 17 If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Prosper Trail Commercial, LP c/o Case Van Lare 10210 N Central Expy, Ste 300 Dallas, TX 75231 10. 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 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). 11. 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. 12. 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. 13. 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. 14. 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. Page 277 Item 19. DEVAGRE-25-0005 Page 5 of 17 15. 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. 16. 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. 17. 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 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 Assign ee 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 unde r 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. 18. 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. 19. 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. Page 278 Item 19. DEVAGRE-25-0005 Page 6 of 17 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. 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. 22. 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. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this 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 a gainst any Party shall not apply. 24. 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. 25. 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. 26. 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. 27. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the Page 279 Item 19. DEVAGRE-25-0005 Page 7 of 17 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. (REMINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 280 Item 19. DEVAGRE-25-0005 Page 8 of 17 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. 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 ______________, 2026, 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 281 Item 19. Page 282 Item 19. DEVAGRE-25-0005 Page 10 of 17 EXHIBIT A ZONE-25-0012 Page 283 Item 19. DEVAGRE-25-0005 Page 11 of 17 Page 284 Item 19. DEVAGRE-25-0005 Page 12 of 17 EXHIBIT B (Building Materials) EXTERIOR APPEARANCE OF BUILDINGS: As shown in the attached exhibits (Exhibit F and F-1), the “FRONT A” facades facing Prosper Trail and the “SIDE 1” facades facing the central drive which includes all storefronts shall incorporate a combination of Cultured Natural Shaped Field Stone and concrete tilt wall elements. The canopies on the “FRONT A” and “SIDE 1” façade shall meet the architectural articulations requirements. Permitted exterior materials for the “SIDE 2” and “REAR” facades include concrete tilt wall or masonry materials as generally shown on the conceptual renderings. The architectural articulation on the “SIDE 2” and “REAR” facades will be similar to what is shown in Exhibit F. Buildings shall comply with the attached conceptual renderings (Exhibit F). The roof shall be a low-slope roof with white TPO (Thermoplastic Polyolefin) Membranes. Page 285 Item 19. DEVAGRE-25-0005 Page 13 of 17 Exhibit F Page 286 Item 19. DEVAGRE-25-0005 Page 14 of 17 Page 287 Item 19. DEVAGRE-25-0005 Page 15 of 17 Page 288 Item 19. DEVAGRE-25-0005 Page 16 of 17 Page 289 Item 19. DEVAGRE-25-0005 Page 17 of 17 Exhibit F-1 Page 290 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 – February 10, 2026 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 and Zoning Commission on Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Site Plans that were acted on by the Planning and Zoning Commission on January 20, 2026. 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 and Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-25-0036 – Teel 380 Addition, Block A, Lot 9 (Approved 6-0) 2. DEVAPP-25-0119 – Prosper HS & MS Addition, Block 1, Lot 1R-1 (Approved 6-0) 3. PowerPoint Slides Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 291 Item 20. Block A, Lot 7 Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Block A, Lot 6 Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Block A, Lot 5 Teel 380 Addition Zoning: PD-40 Existing Use: Vacant DEVAPP 25-0036 SITE PLAN TEEL LOT 9 Teel 380 Addition, Block A, Lot 9 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS C. SMITH SURVEY ABSTRACT NO. 1684 88,442 Sq. Ft./2.030 Acres S N W E Page 292 Item 20. FEMA NOTE DATE PREPARED: DECEMBER 2025 SITE PLAN FOR PROSPER HIGH SCHOOL & MIDDLE SCHOOL ADDITION BLOCK 1, LOT 1R-1, TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. DEVAPP-25-0119 1"=120' N/A 01 OVERALL SITE PLAN LOCATION MAP NOT TO SCALE SITE DATA SUMMARY SITE PLAN NOTES Prosper Independent School Districtrevisionno.dateby date scale vert horiz tnp project sheet HUC24384Town of Prosper, Texas Prosper Independent School District DEC 2025 teague nall and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 tnp Project HUC24384PROSPER, TXREYNOLDS MIDDLE SCHOOL ADDITIONS AND RENOVATIONS PHASE 4REYNOLDS MIDDLE SCHOOL ADDITIONS & RENOVATIONS PHASE 4 LEGEND PARKING DATA Page 293 Item 20. FEMA NOTE DATE PREPARED: DECEMBER 2025 SITE PLAN FOR PROSPER HIGH SCHOOL & MIDDLE SCHOOL ADDITION BLOCK 1, LOT 1R-1, TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. DEVAPP-25-0119 1"=40' N/A 02 SITE PLAN SITE DATA SUMMARY SITE PLAN NOTES Prosper Independent School Districtrevisionno.dateby date scale vert horiz tnp project sheet HUC24384Town of Prosper, Texas Prosper Independent School District DEC 2025 teague nall and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 tnp Project HUC24384PROSPER, TXREYNOLDS MIDDLE SCHOOL ADDITIONS AND RENOVATIONS PHASE 4REYNOLDS MIDDLE SCHOOL ADDITIONS & RENOVATIONS PHASE 4 LEGEND LOCATION MAP NOT TO SCALE Page 294 Item 20. Teel 380 Addition, Block A, Lot 9 (DEVAPP-25-0036) Page 295 Item 20. Information Purpose: •Construct an Office/Retail building and a Restaurant/Retail building totaling 19,033 square feet and associated parking on one lot. •Office/Retail Building (9,319 SF) •Restaurant/Retail Building (9,714 SF) History: •A Preliminary Site Plan (DEVAPP-25-0058) was approved by the Planning and Zoning Commission on November 4, 2025. The Site Plan conforms to the approved Preliminary Site Plan. Page 296 Item 20. Page 297 Item 20. Page 298 Item 20. Page 299 Item 20. Page 300 Item 20. Page 301 Item 20. Prosper High School and Middle School Addition, Block 1, Lot 1R-1 (DEVAPP-25-0119) Page 302 Item 20. Page 303 Item 20. Information Purpose: •Construct two additions to an existing middle school totaling 1,655 square feet. Page 304 Item 20. Page 305 Item 20. Page 1 of 5 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 McCasland Tract Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to rezone J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim Survey, Abstract 889, Tract 4, on 49.9± acres from Agricultural to a Planned Development for Single-Family Residences, located on the north side of Prosper Trail and 855± feet west of Legacy Drive. (ZONE-25-0006) Background The applicant’s initial plan proposed lots less than 12,500 square feet, which would have required a modification to the Future Land Use Plan designation of Medium Density Residential. Staff’s recommendation for the project was for denial. However, after posting the meeting packet, the applicant revised the plan and standards to comply with a minimum 12,500 square foot lot area. The Conceptual Plan has been updated to include the area of each lot. With this modification, Staff was in support of the Planned Development. At their meeting on January 20, 2026, the Planning and Zoning Commission recommended approval of this item by a vote of 6-0. Future Land Use Plan: The Future Land Use Plan recommends Medium Density Residential.  Lot Size: Medium Density Residential recommends single-family detached dwelling units on lots that range from 12,500 square feet to 20,000 square feet. The lot sizes in this development are a minimum 12,500 square feet.  Dwelling Units per Acre: Medium Density Residential neighborhoods may have a variation of lot sizes provided that the density is within a specific range of 1.6 to 2.5 dwelling units per acre. This development has a density of 2.49 units per acre. PLANNING Page 306 Item 21. Page 2 of 5 Zoning: The property is zoned Agriculture. Thoroughfare Plan: This property has direct access to Prosper Trail and Parvin Road. Parks Master Plan: The Parks Master Plan does not indicate a Town park on this property. Hike & Bike Trail: The Hike & Bike Trail Master Plan requires 10’ Hike & Bike Trails on both Prosper Trail and Parvin/Frontier, a 12’ Hike & Bike Trail going through the flood plain from east to west, and an 8’ connecting trail that goes from the 12’ trail in the open space/flood plain, up to the north amenities area, and then up to connect to the 10’ trail on Parvin/Frontier. The landscape plan shows the 10’ trail on the southern border of the development along Prosper Trail and along the northern border on Parvin Road, a 12’ trail on the southern portion of the flood plain going from east to west, and an 8’ trail going through the flood plain connecting the northern and southern portions of the development. Legal Obligations and Review: Notification was provided as required by the Zoning Ordinance and state law. Staff has received one response in favor of the request (see attachment). Attached Documents: 1. Aerial & Zoning Maps 2. Future Land Use Exhibit 3. Exhibit A-1 – Written Metes and Bounds 4. Exhibit A-2 – Boundary Exhibit 5. Exhibit B – Letter of Intent 6. Exhibit C – Development Standards 7. Exhibit D – Conceptual Plan 8. Exhibit E – Development Schedule 9. Exhibit F – Elevations 10. Exhibit G – Landscape Plan Page 307 Item 21. Page 3 of 5 11. Draft Development Agreement 12. Public Comment Form Description of Agenda Item: The purpose of this request is to rezone the property from Agricultural to a Planned Development with a base zoning of Single Family-12.5. The intent of the request is to construct a maximum of 96 single-family homes on 49.98 acres, with approximately 2.49 units per acre based on the net acreage. Compatibility: The proposed development is compatible with the surrounding properties. The property to the immediate north is in Celina and is vacant. The majority of the property to the east is zoned Agricultural and consists of Medium Density Residential and Floodplain. The property to the south is zoned Planned Development-66 (Star Trail) and Planned Development-14 (Retail). The vacant property to the west is in the Extraterritorial Jurisdiction. The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant Medium Density Residential/Floodplain North City of Celina Vacant Non-Applicable East Agricultural Self-Storage & Residential Medium Density Residential, Floodplain, & Retail and Neighborhood Services South Planned Development- 66 (Single-Family) and Planned Development- 14 (Non-Residential) Single-Family Residential & Non- residential Medium Density Residential and Retail and Neighborhood Services West Extraterritorial Jurisdiction Vacant Medium Density Residential & Floodplain District Regulations: The property contains a maximum 96 residential lots with district regulations comparable to the Single Family-12.5 (SF-12.5) District, as shown below. The lot width of the proposed lots is 76 feet rather than 80 feet; however, the minimum lot depth is 25 feet greater than the SF-12.5 District. SF-12.5 District Regulations PD Regulations Size of Yards Front: 30 ft Side: 8 ft & 15 ft (Adj. to Side Street) Rear: 25 ft Front: 30 ft Side: 8 ft & 15 ft (Adj. to Side Street) Rear: 25 ft Size of Lots Minimum Lot Area: 12,500 sq ft Minimum Lot Width: 80 ft Minimum Lot Depth: 125 ft Minimum Lot Area: 12,500 sq ft Minimum Lot Width: 76 ft Minimum Lot Depth: 150 ft Minimum Garage Area Garage Area: 400 sq ft Garage Area: 400 sq ft Maximum Height Stories: 2.5 Stories or 40 ft Stories: 2.5 Stories or 40 ft Maximum Lot Coverage Lot Coverage: 45% Lot Coverage: 45% Page 308 Item 21. Page 4 of 5 Uses: The list of permitted uses within this Planned Development is shown below.  By Right: o Accessory Building o Model Home o Park or Playground o Private Utility, Other Than Listed o Private Recreation Center o Single Family Dwelling, Detached Open Space and Amenities: The open space standards for this Planned Development would require a minimum of 10% usable open space. There is a floodplain that separates a small portion of the development from north to south. The proposed development has been configured in such a way that the residences on the north and south of the floodplain will have visibility of the open space on either side. Both the northern and southern residences of the development will have access to an 8-foot trail going from north to south, as well as a 12-foot trail going from east to west. To further enhance the accessibility and visibility of the open space, the streets on both sides of the floodplain have been left undeveloped for more connectivity to the open space. The proposal for the amenity area shall contain a minimum of three (3) elements from the following list and must contain at least one (1) element from numbers 1–4 as approved by the Director of Development Services: 1. Fitness station 2. Pickleball court 3. Fishing pier 4. Children’s playground facility 5. Shade structure with seating 6. Dog park 7. Bike pump/repair station with shade structure 8. Landscape gathering area 9. Grill & picnic area Architectural Standards: The architectural standards within this Planned Development can be referenced in Exhibits C and F. Furthermore, a development agreement has been drafted regarding the architectural standards. The architectural standards pertaining to exterior materials within this Planned Development are shown below. Exterior Surfaces: a. Masonry is defined as clay fired brick, natural and manufactured stone, granite, marble, 3 step stucco, and cementitious material (20% maximum). b. The exterior facade of a main building or structure, excluding glass windows and doors, shall comply with the following standards: 1. The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specified herein. 2. Cementitious materials may constitute up to fifty percent (50%) of the area for stories other than the first story provided it does not exceed 20% for the entire home. 3. Any portion of an upper story, excluding windows, that faces a street, public or Page 309 Item 21. Page 5 of 5 private open space, public or private parks, or hike and bike trails, shall be a minimum of eighty percent (80%) masonry and cementitious material may be used for up to twenty percent (20%) provided it does not exceed 20% for the entire home. 4. The exterior cladding of chimneys shall be brick, natural or manufactured stone, or 3 step stucco. 5. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. Roofing: a. Structures shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. b. Metal roofs shall be non-reflective colors. Street Network Design: The streets in the development have incorporated curvilinear alignments, and, by doing so, the lots are not required to stagger front building setbacks. Block lengths exceeding 1,000 feet shall be permitted as shown on Exhibit D due to constraints created by the floodplain, required open- space corridors, and connectivity needs. Town Staff Recommendation: The proposed zoning request is compliant with the Future Land Use Plan, provides open space and amenities for the development, and includes architectural standards. Town Staff recommends approval of the request to rezone 49.9± acres from Agricultural to a Planned Development allowing for Single-Family Residences, located on the north side of Prosper Trail and 855± feet west of Legacy Drive. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of this item by a vote of 6-0 at their meeting on January 20, 2026. Proposed Motion: I move to approve/deny a request to rezone 49.9± acres from Agricultural to a Planned Development allowing for Single-Family Residences, located on the north side of Prosper Trail and 855± feet west of Legacy Drive. Page 310 Item 21. 0 760 1,520380 Feet N LEGACY DRPRIVATE ROAD 7801COOLRIVERTRLROSSODRVIENNA DR W PROSPER TRL PARVIN RD PARVIN RD ASTER DRPARKPL SUN MEADOW DR DAISY LN PARISDRLOYOLADRGENTLEKNOLL LNFREESIA DR W PROSPER TRL FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0006 McCasland Tract Planned DevelopmentPage 311 Item 21. 0 760 1,520380 Feet PD-66 SF PD-14 R PD-66 SF A A PD-63 SF-15 S-16 SF-12.5 PD-40 SF PD-40 SF PD-40 SF PD-110 R PD-115 SF PD-14 R ZONE-25-0006 N LEGACY DRCAMBRIDGEDRPRIVATE ROAD 7801COOLRIVERTRLROSSODRVIENNA DR PARVIN RD LONE GROVE LNWOODLAWN DR PARVIN RD ASTER DR CARILLON PL HARPOLE RDPARKPL SUN MEADOW DR FALLKIRKDRDAISY LN HARVEST LN SUMMERSIDE LN PARISDRCARNEGIEMELLON DRKELLOGGDRGENTLEKNOLL LNFREESIA DR W PROSPER TRL FM 1385FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD ¯ This map for illustration purposes only ZONE-25-0006 McCasland Tract Planned DevelopmentPage 312 Item 21. Future Land Use Exhibit Page 313 Item 21. Exhibit A-1Zone-25-0006Page 314Item 21. POINT OF BEGINNING Doc. No. 2021-63248 OPRDCT Doc. No. 2017-89464 OPRDCT Doc. No. 2021-12954 OPRDCT Doc. No. 2007-139928 OPRDCT Doc. No. 2021-121368 OPRDCT Doc. No. 2022-27503 OPRDCT 90' Right-of-Way 60' Right-of-Way Doc. No. 2019-65177 OPRDCT Existing Zoning: Agriculture Proposed Zoning: Planned Development Single-Family (2.49 Lots/Acre) Document No. 2022-128993 OPRDCT 49.980 Acres ( 2,177,145 S.F.)120' Right-of-WayScale: 1" = 150' April, 2025 SEI Job No. 24-202 S N W E ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPELS No. F-2121 And No. F-10043100 Contact: Tristan Poore ZONE-25-0006  EXHIBIT A-2 (Survey) McCasland Tract 2,177,145 SQUARE FEET OR 49.98 ACRES OF LAND, OUT OF THE JOHN M. MCKIM SURVEY ABSTRACT NO. 889 J. DURRETT SURVEY ABSTRACT NO. 350 TOWN OF PROSPER DENTON COUNTY, TEXAS APPLICANT M&A Development Services 1845 Woodall Rogers Freeway, Suite 150 Dallas, TX 75201 Telephone: (214) 516-5166 Contact: John Mckenzie LEGEND LOCATION MAP N.T.S. METES AND BOUNDS DESCRIPTION ” ” ” “” OWNER George L. McCasland 5902 Winchester Drive Texarkana, TX 75503 Telephone: (903) 276-4260 Page 315 Item 21. ZONE-25-0006 -EXHIBIT B- Letter of Intent This planned development district is located between W Prosper Trail and Parvin Road. The area to the south of W Prosper Trail is being developed into single-family homes while the areas to the west and north of this tract are undeveloped. To the east there is a storage center and is planned for medium density residential and retail. These single-family lots will be at 2.49 units per acre with a proposed 96 single-family units on a gross 49.98 acres and residential use net 38.5 acres. Lots will be front entry along curvilinear streets. The proposed landscaping and amenities are included in this submittal and show how intentional landscaping and amenity design will create a desirable community and trail system connection. Regards, SPIARS Engineering Tristan R. Poore, P.E. Page 316 Item 21. ZONE 25-0006 -EXHIBIT C- Planned Development Standards The proposed development will conform to the development standards of the Town of Prosper’s Zoning Ordinance and Subdivision Ordinance, as they exist or may be amended, except as otherwise set forth in these Development Standards. 1. Except as noted below, the Tract shall develop in accordance with the Single Family – 12.5 District requirements of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended. 2. Development Plans a. Concept Plan: The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibits D. b. Elevations: The tract shall be developed in general accordance with the attached elevations, set forth in Exhibits F. 3. Uses: The following uses shall be permitted: a. Model Home b. Single Family Dwelling, Detached c. Accessory Building d. Park or Playground e. Private Recreation Center f. Private Utility, Other Than Listed 4. Regulations: Regulations shall be permitted in accordance with the Single Family – 12.5 District and as specifled below: a. Development Standards: DEVELOPMENT STANDARDS – SINGLE FAMILY – 12.5 PROSPER STANDARDS PROPOSED PD STANDARDS MAX DENSITY 2.5 UPA 2.5 UPA MIN FRONT YARD SETBACK 30’ 30’ MIN SIDE YARD SETBACKS 8’ 8’ ADJACENT TO SIDE STREET 15’ 15’ MIN REAR YARD SETBACK 25’ 25’ MIN LOT DEPTH 125’ 150’ MIN LOT WIDTH 80’ 76’ MIN LOT AREA 12,500 SQFT 12,500 SQFT MAXIMUM HEIGHT 2.5 STORIES, < 40’ 2.5 STORIES, < 40’ LOT COVERAGE 45 PERCENT 45 PERCENT MIN ENCLOSED GARAGE AREA 400 SQFT 400 SQFT Page 317 Item 21. b. Lot Yield: The maximum number of single-family detached units shall be ninety-six (96), subject to the limits per lot type specifled below. c. Open Space and Amenities: i. An amenity area for family-oriented activities shall be provided in the northern central portion of this community as shown in Exhibit D. The amenity area shall be completed prior to the issuance of certiflcates of occupancy of greater than 50% of the homes within this community. The program for the amenity area shall contain a minimum of three (3) elements from the following list and must contain at least one (1) element from numbers 1–4 as approved by the Director of Development Services: 1. Fitness station 2. Pickleball court 3. Fishing pier 4. Children’s playground facility 5. Shade structure with seating 6. Dog park 7. Bike pump/ repair station with shade structure 8. Landscape gathering area 9. Grill & picnic area ii. Minimum of 10% Usable Open Space Required. iii. 5’ Sidewalks along local street sections and 8’ Trails through open space and natural creek areas. d. Visibility Corridor Creek View i. A visibility corridor into the creek shall be provided at the north and south ends of the open-space system, as generally depicted in Exhibit D. e. Architectural and Building Material Standards: Should a discrepancy exist between the Town Zoning or Subdivision Ordinance and the standards within this PD, the language herein shall prevail. The architectural and building material standards for the single-family lots are as follows: 1. Driveways: Driveways shall be constructed of the following materials: brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. Page 318 Item 21. 2. Exterior Surfaces: a. Masonry is deflned as clay flred brick, natural and manufactured stone, granite, marble, 3 step stucco, and cementitious material (20% maximum). b. The exterior facade of a main building or structure, excluding glass windows and doors, shall comply with the following standards: 1. The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specifled herein. 2. Cementitious materials may constitute up to flfty percent (50%) of the area for stories other than the flrst story provided it does not exceed 20% for the entire home. 3. Any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be a minimum of eighty percent (80%) masonry and cementitious material may be used for up to twenty percent (20%) provided it does not exceed 20% for the entire home. 4. The exterior cladding of chimneys shall be brick, natural or manufactured stone, or 3 step stucco. 5. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. 3. Roofing: a. Structures shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. b. Metal roofs shall be non-refiective colors 4. Street Network Design: a. Local residential streets incorporate curvilinear street alignments Page 319 Item 21. b. Front Setback Staggering. If curvilinear streets are provided, standard stagger requirements shall not be required. c. Block lengths exceeding 1,000 feet shall be permitted as shown on Exhibit D due to constraints created by the fioodplain, required open-space corridors, and connectivity needs. 5. Garages: a. Dwellings shall have a minimum of two (2) car garage bays totaling a minimum of four hundred feet (400 sf). b. Side entry garages shall be permitted on corner lots. c. Garage doors directly facing a street shall be located no closer than thirty feet (30’) from the property line. 6. Plate Height: Each structure shall have a minimum principal plate height of nine feet (9’) on the flrst fioor. 7. Air Conditioners: No window or wall air conditioning units will be permitted on structures. All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 8. Porches: Porches are required for lots facing the creek or open space. 9. Anti-Monotony: Each house design shall not be the same as its neighboring and adjacent houses. f. Landscaping: i. Required trees shall not be smaller than four (4) caliper inches. A minimum of two (4) inch caliper shall be located in the front yard. The total caliper inches shall be eleven (11) caliper inches per lot. ii. The minimum of twenty (20) shrubs, each a minimum of three (3) gallons in size when planted, shall be planted in the front yard of each lot. iii. One hundred percent of all fronts, side, and rear yards not covered by hardscape or landscape beds shall be irrigated and sodded. Page 320 Item 21. iv. All foundations visible from street shall have fiower beds or evergreen shrubs generally screening foundation. v. Thoroughfare screening trees are to be 4” minimum. vi. Berming is required on both Parvin Road and Prosper Trail vii. Underbrush along creek should be cleared for more visibility and overall tidiness of the creek banks. Page 321 Item 21. POINT OF BEGINNING Proposed Zoning: Planned Development-Single-Family (2.49 Lots/ Usable Acre) Document No. 2022-128993 OPRDCT 49.980 Acres ( 2,177,145 S.F.) Doc. No. 2021-63248 OPRDCT Doc. No. 2017-89464 OPRDCT Doc. No. 2021-12954 OPRDCT Doc. No. 2007-139928 OPRDCT Doc. No. 2022-27503 OPRDCT 90' Right-of-Way Doc. No. 2019-65177 OPRDCT 60' Right-of-Way Scale: 1" = 150' January 26 SEI Job No. 24-202 S N W E ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPELS No. F-2121 And No. F-10043100 Contact: Tristan Poore ZONE-25-0006 EXHIBIT D (Conceptual Plan) McCasland Tract 96 SINGLE-FAMILY LOTS & 8 OPEN SPACE LOTS 2,177,145 SQUARE FEET OR 49.98 ACRES OF LAND, OUT OF THE JOHN M. MCKIM SURVEY ABSTRACT NO. 889 J. DURRETT SURVEY ABSTRACT NO. 350 TOWN OF PROSPER DENTON COUNTY, TEXAS APPLICANT M&A Development Services 1845 Woodall Rogers Freeway, Suite 150 Dallas, TX 75201 Telephone: (214) 516-5166 Contact: John Mckenzie LOCATION MAP N.T.S. OWNER George L. McCasland 5902 Winchester Drive Texarkana, TX 75503 Telephone: (903) 276-4260 Page 322 Item 21. ZONE-25-0006 -EXHIBIT E- Development Schedule It is anticipated that the development will begin within 12 months after approval of zoning ordinance. Horizontal civil construction is estimated at 12-15 months’ completion and the construction of single-family homes will be completed in one phase. This schedule is subject to change due to various factors beyond the control of the developer such as housing market conditions, construction materials and labor availability. Let us know if you need any additional information. Regards, SPIARS Engineering Tristan R. Poore, P.E. Page 323 Item 21. PROSPER – ELEVATIONS Zone 25-006 Exhibit F Elevations ZONE-25-0006 Page 324 Item 21. Goodland Boulevard DD Presentation 03/13/2025 PRA Grand Prairie, Texas Garrison/Jones Landscape Architects 400 N Ervay St #132815 Dallas, TX 75201 0 25 50 100 This information is based on the most current information available and is intended for conceptual use only. 0 50 100 200McCasland Tract Conceptual Landscape Plan 01/22/2026 M&A Development Prosper, TX Garrison/Jones Landscape Architects 400 N Ervay St #132815 Dallas, TX 75201 This information is based on the most current information available and is intended for conceptual use only. existing creek NOTE: All proposed parks, trails, etc within EHS to stabilize creek bank Total Site Area: 2,176,682 sqft Required 10% Open Space: 217,668 sqft Provided Open Space: 458,000 sqft existing pond visibility corridor (N) visibility corridor (S) 10’ trail ZONE-25-0006 Exhibit G: Landscape Plan 10’ trail open spaceopen space open spaceLarger park with shade structure, seating area and lawn Pocket park with seating area and lawn Existing trees, subject to change pending on final design and grading town of Prosper regional trail (12’ width) PARVIN RD. PROSPER RD. bridge floodplain 8’ trail 8’ trail Page 325 Item 21. 0 50 100 200McCasland Tract Program Diagram 01/22/2026 M&A Development Prosper, TX Garrison/Jones Landscape Architects 400 N Ervay St #132815 Dallas, TX 75201 This information is based on the most current information available and is intended for conceptual use only. PARVIN RD. PROSPER RD. ZONE-25-0006 Exhibit G: Landscape Plan South Pocket Park Neighborhood Connector Street Frontage & Secondary Entries •Mason Screen Wall with Masonry Columns •Canopy Trees 50’-0” O.C. •Landscape & Irrigation (Ornamental Trees, Beds, and Lawn) Pond Amenity •Trellis Structured at Pond •Furnishings – Benches, Seat Walls •Fishing Pier •Bridge, 30ft •Canopy Trees 50’-0” O.C. •Landscape & Irrigation (Ornamental Trees, Beds, and Lawn) •Lighting & Electrical for Trees Street Frontage & Secondary Entries •Mason Screen Wall with Masonry Columns •Canopy Trees 50’-0” O.C. •Landscape & Irrigation (Ornamental Trees, Beds, and Lawn) Main Entrance •Entry Monument (Low Wall) •Landscape & Irrigation (Ornamental Trees, Beds, and Lawn) •Lighting & Electrical for Signage & Trees North Pocket Park (all parks & connector) •Fitness Station •Board on Board Wood Fence with Masonry Columns •Covered Gazebo •Canopy Trees 50’-0” O.C. •Landscape & Irrigation (Ornamental Trees, Beds, and Lawn) •Lighting & Electrical for Trees •Bike pump/repair station bridge town of Prosper regional trail (12’ width) Page 326 Item 21. Page 1 of 13 McCASLAND TRACT DEVELOPMENT AGREEMENT THIS McCASLAND TRACT ADDITION DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and George L. McCasland (“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 McCasland Tract (“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 _______, 2026, 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. 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. Page 327 Item 21. Page 2 of 13 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 Denton County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Denton 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: George L McCasland 5902 Winchester Drive Texarkana, TX 75503 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 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 Page 328 Item 21. Page 3 of 13 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 Denton 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 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. Page 329 Item 21. Page 4 of 13 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 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 Page 330 Item 21. Page 5 of 13 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. (INTENTIONALLY LEFT BLANK) Page 331 Item 21. Page 6 of 13 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 ______________, 2026, 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 332 Item 21. Page 7 of 13 DEVELOPER: George L. McCasland By: _____________________________ Name: George L. McCasland Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF ________ ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by George L. McCasland, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 333 Item 21. Page 8 of 13 EXHIBIT A-1 ZONE-25-0006 METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the John M. McKim Survey, Abstract No. 889 and the J. Durrett Survey, Abstract No. 350, Town of Prosper, Denton County, Texas, being all of a tract conveyed to George L. McCasland, by deed recorded in Document Number 2022-128993 of the Official Public Records of Denton County, Texas (OPRDCT), with the subject tract being more particularly described as follows: BEGINNING at a 1/2" iron rod found in the south line of Parvin Road, a variable width right-of-way, at the northeast corner of a tract of land conveyed to Prosper Meadows, LP, by deed recorded in Document Number 2019-65177 (OPRDCT); THENCE N 89°08’40" E, along said south line of Parvin Road, at a distance of 576.76 feet passing a 5/8" iron rod found, continuing in all a total distance of 775.24 feet, to a PK Nail set in asphalt at the northwest corner of a tract of land conveyed to Legacyparvin26, LLC, by deed recorded in Document Number 2021-63248 (OPRDCT); THENCE S 00°45'36" W, 1,238.32 feet, departing said south line of Parvin Road, with the west line of said Legacyparvin26, LLC tract, to a 5/8” iron rod found at the southwest corner of said Legacyparvin26, LLC tract and the northwest corner of a tract of land conveyed to Vingrids Capital LLC, by deed recorded in Document Number 2017-89464 (OPRDCT); THENCE S 00°35’32" W, 574.42 feet, with the west line of said Vingrids Capital LLC tract, to a point for corner; THENCE S 00°02’56" W, 69.42 feet, continuing with said west line of said Vingrids Capital LLC tract, to a 1/2" iron rod found at the southwest corner of said Vingrids Capital LLC tract and the northwest corner of a tract of land conveyed to Legacy Storage Center, LLC, by deed recorded in Document Number 2007-139928 (OPRDCT); THENCE S 00°51’49" W, at a distance of 284.96 feet passing a 1/2" iron rod found at the southwest corner of said Legacy Storage Center, LLC, continuing in all a total distance of 397.40 feet, to a point for corner in the west line of a tract of land conveyed to 1185 Legacy, LLC, by deed recorded in Document Number 2021-121368 (OPRDCT); Page 334 Item 21. Page 9 of 13 THENCE S 00°37’06" W, 229.75 feet, with said west line of 1185 Legacy, LLC tract, to a 1/2" iron rod found at the southwest corner of said 1185 Legacy, LLC tract and the northwest corner of a tract of land conveyed to Prosper Fellowship Church, by deed recorded in Document Number 2022-27503 (OPRDCT); THENCE S 00°34’49" W, 309.66 feet, to a point for corner in Prosper Road, a variable width right-of-way; THENCE S 89°25'57" W, 772.26 feet, with said Prosper Road, to a 1/2" iron rod with plastic cap stamped “SPIARSENG" set in the apparent centerline of said Prosper Road; THENCE N 00°37'58" E, at a distance of 45.74 feet, passing a 5/8" capped iron rod found at the northeast corner of a tract of land conveyed to the Town of Prosper, by Right-of-Way deed recorded in Document Number 2023- 98156 (OPRDCT) and the southeast corner of said Prosper Meadows, LP tract, continuing in all a total distance of 2,815.00 feet, to the POINT OF BEGINNING with the subject tract containing 2,177,145 square feet or 49.98 acres of land. Page 335 Item 21. Page 10 of 13 Page 336 Item 21. Page 11 of 13 EXHIBIT B ZONE-25-0006 Architectural and Building Material Standards: Should a discrepancy exist between the Town Zoning or Subdivision Ordinance and the standards within this PD, the language herein shall prevail. The architectural and building material standards for the single-family lots are as follows: 1. Driveways: Driveways shall be constructed of the following materials: brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. 2. Exterior Surfaces: a. Masonry is defined as clay fired brick, natural and manufactured stone, granite, marble, 3 step stucco, and cementitious material (20% maximum). b. The exterior facade of a main building or structure, excluding glass windows and doors, shall comply with the following standards: 1. The exterior facades shall be constructed of 100 percent (100%) masonry, unless otherwise specified herein. 2. Cementitious materials may constitute up to fifty percent (50%) of the area for stories other than the first story provided it does not exceed 20% for the entire home. 3. Any portion of an upper story, excluding windows, that faces a street, public or private open space, public or private parks, or hike and bike trails, shall be a minimum of eighty percent (80%) masonry and cementitious material may be used for up to twenty percent (20%) provided it does not exceed 20% for the entire home. 4. The exterior cladding of chimneys shall be brick, natural or manufactured stone, or 3 step stucco. 5. Cementitious materials may be used for architectural features, including window box outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. 3. Roofing: Page 337 Item 21. Page 12 of 13 a. Structures shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. b. Metal roofs shall be non-reflective colors 4. Street Network Design: a. Local residential streets incorporate curvilinear street alignments b. Front Setback Staggering. If curvilinear streets are provided, standard stagger requirements shall not be required. c. Block lengths exceeding 1,000 feet shall be permitted as shown on Exhibit D due to constraints created by the floodplain, required open-space corridors, and connectivity needs. 5. Garages: a. Dwellings shall have a minimum of two (2) car garage bays totaling a minimum of four hundred feet (400 sf). b. Side entry garages shall be permitted on corner lots. c. Garage doors directly facing a street shall be located no closer than thirty feet (30’) from the property line. 6. Plate Height: Each structure shall have a minimum principal plate height of nine feet (9’) on the first floor. 7. Air Conditioners: No window or wall air conditioning units will be permitted on structures. All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 8. Porches: Porches are required for lots facing the creek or open space. 9. Anti-Monotony: Each house design shall not be the same as its neighboring and adjacent houses. a. Landscaping: i. Required trees shall not be smaller than four (4) caliper inches. A minimum of two (4) inch caliper shall be located in the front yard. The total caliper inches shall be eleven (11) caliper inches per lot. Page 338 Item 21. Page 13 of 13 ii. The minimum of twenty (20) shrubs, each a minimum of three (3) gallons in size when planted, shall be planted in the front yard of each lot. iii. One hundred percent of all fronts, side, and rear yards not covered by hardscape or landscape beds shall be irrigated and sodded. iv. All foundations visible from street shall have flower beds or evergreen shrubs generally screening foundation. v. Thoroughfare screening trees are to be 4” minimum. vi. Berming is required on both Parvin Road and Prosper Trail vii. Underbrush along creek should be cleared for more visibility and overall tidiness of the creek banks. ELEVATIONS Page 339 Item 21. From:noreply@civicplus.com To:TSO Office; Planning Subject:[*EXTERNAL*] - Online Form Submittal: Public Comment Request Form Date:Tuesday, January 20, 2026 5:34:08 PM ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Public Comment Request Form Public Comment Request Form Date:1/20/2026 First Name Mike Last Name Jobe Address 810 Wright Lane City Prosper State Tx Zip Code 75078 Phone Number 214-592-6700 Email Address mjobe2006@yahoo.com Please select the meeting type: Planning and Zoning Commission I am attending:In person Purpose Agenda Item Agenda Item Number 5 Comments:I would like to speak on behalf of the homebuilder that is working with the developer on this site. Please select one:I wish to speak IN FAVOR of this item. Please select one for this item to be recorded in the meeting minutes. SUPPORT Page 340 Item 21. McCasland Tract (ZONE-25-0006) Page 341 Item 21. Page 342 Item 21. Zoning Page 343 Item 21. Future Land Use Exhibit Medium Density Residential: •Recommends single-family detached dwelling units on lots ranging from 12,500 square feet to 20,000 square feet. •Neighborhoods may have a variation of lot sizes provided that the density is within 1.6 to 2.5 dwellings units per acre. Page 344 Item 21. Proposal •The applicant proposes a Planned Development to rezone property from Agricultural to Single Family Residential with a maximum of 96 single-family homes on 49.98 acres. •The density is 2.49 units per acre. •The proposal includes 12,500 square foot minimum lot sizes with a base zoning of Single Family-12.5. Page 345 Item 21. Subdivision Characteristics: •Street Frontage –On Parvin Road and Prosper Trail. •Floodplain –There development is separated with floodplain in the northern portion of the development. Visibility corridor provided. •Open Space –Minimum of 10% Required. •Amenities –Concentrated in the northern portion of the development. •Curvilinear Streets –Streets have been curved in the center of the development to calm traffic. The requirement for staggering front setbacks is satisfied by this layout. •Porches –Porches will be provided on lots facing the creek or open space. •House Design –Neighboring houses must have different designs. •Hike and Bike Trails –Connections are made through the floodplain.Page 346 Item 21. Permitted Uses (By Right): •Accessory Building •Model Home •Park or Playground •Private Utility, Other Than Listed •Private Recreation Center •Single Family Dwelling, Detached Amenities: •A minimum of three are required and one must be from the first four in the list. •Fitness station •Pickleball court •Fishing Pier •Children's playground facility •Shade structure with seating •Dog park •Bike pump/ repair station with shade structure •Landscape gathering area •Grill & picnic area Page 347 Item 21. Page 348 Item 21. Page 349 Item 21. Page 350 Item 21. Page 351 Item 21. Architectural Standards Masonry Materials: Clay Fired Brick, Stone (Natural or Manufactured), granite, marble, Stucco (Three-Coat), and Cementitious Fiber Board (20% max for the entire home) Building Design: •The exterior façade of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. •Cementitious fiber board –up to fifty percent (50%) on upper story(ies) ; total maximum amount cannot exceed 20% for the entire building. •Upper stories when facing a street, open space, trails, parks –80% masonry with 20% maximum cementitious fiber board Roofing: •Structures shall have a composition, slate, clay tile, standing seam metal, or cement/concrete tile roof. Wood shingles are prohibited. All roofs shall be guttered. •Metal roofs shall be non-reflective colors. Page 352 Item 21. Page 353 Item 21. Noticing Notices: •Mailed on Friday, January 9th Planning and Zoning Commission. •Newspaper Notice on January 23rd for Town Council. Citizen Response: •One response in favor of the item. Recommendation: •Staff recommends approval. •Planning and Zoning Commission recommends approval (6-0). Page 354 Item 21. Page 1 of 4 To: Mayor and Town Council From: Robyn Battle, Executive Director Through: Mario Canizares, Town Manager Re: Bid Award: Downtown Monumentation Phase 1 Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-06-B to MSF Hospitality, related to construction services for the Prosper Downtown Monumentation Phase 1 project in the amount of $553,402, and authorize $50,000 for materials testing and construction phase contingencies. The total purchase order amount is $603,402. Description of Agenda Item: On January 22, 2026, at 2:00 p.m., five (5) Competitive Sealed Proposals were received for the Prosper Downtown Monumentation Phase 1 (PK202541 – Downtown Monumentation, Broadway and Main). The project was advertised using the Competitive Sealed Proposal Construction alternative procurement method to allow the Town to award the project to the contractor that offers the best value proposal based on the following criteria:  Qualifications and Experience (10%) o Outline contractor and subcontractor experience with similar projects. o Outline qualifications of key personnel assigned to this project. o Provide references.  Project Timeline (25%)  Cost Proposal (65%) The project is comprised of a base bid for the construction of four (4) columns at the corners of Broadway and Main Street, as recommended by the Downtown Advisory Committee. Add Alternate 1 includes the additional construction of five (5) tertiary columns along Broadway. Add Alternate 2 includes the construction of a silo icon monument in the place of the column at the northeast corner of the intersection of Broadway and Main Street. The verified proposal totals for the Base Bid (four columns at Broadway and Main Street) ranged between $309,555 and $680,739. The Engineer's Estimate was $622,000. COMMUNITY ENGAGEMENT AND EXPERIENCES Page 355 Item 22. Page 2 of 4 The verified proposal totals for Add Alternate 01 (five tertiary columns along Broadway) ranged between $178,923 and $334,489. The Engineer's Estimate was $240,586. The verified proposal totals for Add Alternate 02 (silo icon monument) ranged between $326,163 and $821,455. The Engineer's Estimate was $729,000. The Downtown Advisory Committee (DTAC) recommended construction of the four columns at Broadway and Main Street as the first phase of the Downtown Monumentation Project. The DTAC also recommended obtaining proposals for the Add Alternate items in the event that additional funding could be identified. Below is the breakdown of the proposal from MSF Hospitality and renderings of the proposed monuments: Base Bid (Four Columns at Broadway and Main Street: $309,554.53 Add Alternate 1 (Five Tertiary Monuments, Three with Pendant Lights): $243,847.76 Page 356 Item 22. Page 3 of 4 Add Alternate 2 (Silo Icon Monument in place of Northeast Column) $326,163.33 The current project budget is sufficient to construct the Base Bid (Four Columns) and Add Alternate 1 (Five Tertiary Monuments). Add Alternate 2 (Silo Icon Monument) is not recommended at this time due to budgetary constraints. MSF Hospitality was the firm that submitted the bid with the lowest cost, and received the highest score after consideration of Cost, Time, and Qualifications with a combined cost of $553,402 and a project timeline of 116 days for the Base Bid and Add Alternate 1. MSF Hospitality has not performed construction services for the Town of Prosper, but references have provided positive feedback on job performance, a high level of professionalism and responsiveness, and timely project completion. Budget Impact: The cost for the construction of the Base Bid (Four Columns) and Add Alternate 1 (Five Tertiary Monuments) is $553,402. Funding is available in project account PK202541. The contingency amount of $50,000 will be used during the construction phase to fund materials testing costs and to address field changes or adjust quantities during construction. The use of the contingency fund will be documented with change order requests negotiated between staff and the contractor as construction progresses. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Bid Scoring Matrix 4. Construction Agreement Page 357 Item 22. Page 4 of 4 Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-06-B to MSF Hospitality, related to construction services for the Prosper Downtown Monumentation Phase 1 project in the amount of $553,402, and authorizing $50,000 for materials testing and construction phase contingencies. The total purchase order amount is $603,402. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-06-B to MSF Hospitality, related to construction services for the Prosper Downtown Monumentation Phase 1 project in the amount of $553,402, and authorize $50,000 for materials testing and construction phase contingencies. The total purchase order amount is $603,402. Page 358 Item 22. Downtown Monumentation Phase 1 Four Columns at Broadway & Main St. Tertiary Monuments Page 359 Item 22. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Base Bid Add Alt 1 Add Alt 2 Total Days-Base Bid and Alt 1 AUI Partners, LLC FORT WORTH TX 1/22/2026 01:55:36 PM (CT)$513,548.26 $334,489.30 $821,454.88 205 C. Green Scaping, LP Fort Worth TX 1/22/2026 01:28:41 PM (CT)$375,410.00 $178,923.00 $553,429.25 135 CGC General Contractors, inc Haltom City TX 1/22/2026 01:55:27 PM (CT)$680,739.30 $299,849.80 $469,443.08 110 J.C. Commercial, Inc.Lewisville TX 1/22/2026 01:41:54 PM (CT)$467,777.00 $201,297.10 $362,648.43 120 MSF Hospitality Coppell TX 1/22/2026 01:01:31 PM (CT)$309,554.53 $243,847.76 $326,163.33 116 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:January 22, 2026 Purchasing Manager Town of Prosper, Texas CSP No. 2026-06-B 01/22/2026 at 2:00PM Prosper Downtown Monumentation Phase 1 **All bids/proposals submitted for the designated project are reflected on this tabulation sheet.  However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive.  The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents.  The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Page 360 Item 22. CSP NO. 2026-06-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Cost Proposal 65%6.53 4.24 9.98 6.49 5.64 3.67 8.27 5.38 10.00 6.50 Proposed Project Timeline 25%5.37 1.34 8.15 2.04 10.00 2.50 9.17 2.29 9.48 2.37 Qualifications and Experience 10%7.50 0.75 5.67 0.57 1.67 0.17 7.67 0.77 4.67 0.47 TOTAL 100%6.33 9.09 6.33 8.43 9.34 MSF Hospitality Downtown Monumentation Phase 1 EVALUATION MATRIX AUI Partners C. Green Scaping CGC General Contractors J.C. Commercial Page 361 Item 22. Page 362 Item 22. Page 363 Item 22. Page 364 Item 22. Page 365 Item 22. Page 366 Item 22. Page 367 Item 22. Page 368 Item 22. Page 369 Item 22. Page 370 Item 22. Page 371 Item 22. Page 372 Item 22. Page 373 Item 22. Page 374 Item 22. Page 1 of 3 To: Mayor and Town Council From: Dan Baker, Parks and Recreation Director Through: Mario Canizares, Town Manager Chuck Ewings – Assistant Town Manager Re: Raymond Community Park CMAR Change Order No. 5 and Funding for Well Infrastructure Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute Change Order No. 5 for installation of a well and electrical service to Dean Construction in the amount not to exceed $1,757,450 for Raymond Community Park. Description of Agenda Item: The proposed Change Order will provide an irrigation well, submersible pump system, and required electrical service to operate the well and pumps in Raymond Community Park. The CIP Subcommittee has recommended moving forward with this irrigation well and submersible pump system and previously authorized a budget in excess of $2 million for this asset. This expenditure has also been approved by the Parks and Recreation Board. Staff are pleased to report that a vigorous procurement process has delivered savings with the estimated total project cost now projected to be below the original budget. The total estimated project cost is now $25,962,573 which is $522,427 less than the anticipated cost of $26,485,000 presented to Town Council on October 28, 2025. The substantial completion date is now April 23, 2026, based on the completion of the well. The park will be open prior to this with the exception of the playing fields awaiting the establishment of the sod. Budget Impact: The total funding authorization approval requested is $1,757,450, as itemized below. Funds for these requested approvals are available in account PK202122 – Raymond Community Park. The additional funding sources were approved by the Capital Improvement Projects Subcommittee. PARKS AND RECREATION DEPARTMENT Page 375 Item 23. Page 2 of 3 All change order totals are as follows: Item Approval Date Scope Cost GMP #1 12/12/2023 Site Work $ 8,543,776 GMP #2 5/28/2024 Baseball Complex, Multipurpose Fields (no lighting, hydromulch), Pickleball Courts, Playground, Restroom, Parking $ 9,363,174 Change Order #1 12/10/2024 Trail (partially grant funded - $400k), Multipurpose Field Irrigation $ 1,350,756 Change Order #2 1/14/2025 Tennis Courts $ 536,146 Change Order #3 7/22/2025 Multipurpose Field Lighting ($950k funded by PASO) $ 1,932,621 Chage Order #4 9/23/2025 Sod in lieu of hydromulch in common areas, irrigation work for future well $ 504,200 Design 3/21/22 - Present Dunaway Associates - original contract through Amendment #5 $ 1,461,850 Page 376 Item 23. Page 3 of 3 Project Management 2/27/2024 Peak Program Value - original contract through Amendment #2 $ 287,600 Water to Establish Park Required charge to project budget $ 225,000 Change Order #5 (proposed) 2/10/2026 Water Well, Submersible Pumps, and related electrical service $ 1,757,450 Estimated Total Project Cost $ 25,962,573 The second table provided above was presented in October 2025 when change order number 4 was approved by council and reflected the previous estimated total of $26,485,000. This change order completes all tasks under the contract with Dean Construction. Any future improvements to RCP will be contracted separately. 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. Change Order No. 5 for DCI 2. Owner’s Budget for New Well Town Staff Recommendation: Town Staff recommend that the Town Council authorize the Town Manager to execute Change Order No. 5 to Dean Construction for installation of a well and electrical service in the amount not to exceed $1,757,450 for Raymond Community Park. Proposed Motion: I move to authorize the Town Manager to execute Change Order No. 5 to Dean Construction for installation of a well and electrical service in the amount not to exceed $1,757,450 for Raymond Community Park. Page 377 Item 23. AIA ® Document G701® – 2017 Change Order AIA Document G701 – 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 14:06:34 ET on 07/16/2024 under Order No.2114539724 which expires on 06/03/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA4F) 1 PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Raymond Community Park Contract For: General Construction Change Order Number: 05 Prosper, TX Date: November 23, 2022 Date: January 28, 2026 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) Town of Prosper Dunaway Dean Electric, Inc. dba Dean Construction 250 W First Street Prosper, TX 75078 550 Bailey Ave, #400 Fort Worth, TX 76107 701 Hall Street Cedar Hill, TX 75104 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Change the Contract Sum from $22,230,673.00 to $23,603,123.00. The Scope of Work is modified as shown in the attached DWY ASI 020 dated 19 JAN 2026 and DCI PCR 055 dated 16 JAN 2026. The original Guaranteed Maximum Price was $ 17,906,950.00 The net change by previously authorized Change Orders $ 4,323,723.00 The Guaranteed Maximum Price prior to this Change Order was $ 22,230,673.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 1,372,450.00 The new Guaranteed Maximum Price including this Change Order will be $ 23,603,123.00 The Contract Time will be increased by one hundred thirty-nine (139) days. The new date of Substantial Completion will be increased to April 23, 2026 until a subsequent Change Order modifies it. See Contract Schedule attached which supersedes previous schedules. NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Dunaway Dean Electric, Inc. dba Dean Construction Town of Prosper ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE Arron Law, Team Leader Tyler Firebaugh, Vice President Mario Canizares, Town Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE Page 378 Item 23. Scope of Added Work for Construction Change Directive #05 Well Irrigation To: Kurt Beilharz, PLA, ISA From: Arron Law, PLA, ASLA Date: January 19, 2026 Dunaway #: 7691.001 Re: Raymond Community Park – CCD #05 The purpose of this MOU is to clearly identify the scope of work being proposed within Construction Change Directive #05 for well irrigation. The additional work being proposed is as follows: The scope of work defined by ASI #20 are hereby accepted and added to GMP #2: Connection of the existing irrigation system to the proposed well, including the installation of all equipment, electrical enclosures, and electrical service necessary to operate from the well. Reference Exhibit A attached: • Installation of ARADs, Irrigation Controllers, Pump Station Control Panel, Self Cleaning Filters, and Submersible pumps • Installation of electrical service and equipment necessary for the well operation. • Drilling and Installation of well and well control panel • Installation of pond level controls • Installation of well equipment enclosure • Fine grading and reestablishment of landscape necessary prior to final acceptance The Contract Documents are modified by this Construction Change Directive #05 as described above. APL Page 379 Item 23. EX-W EX-WEX-12'' SSEX-6'' SS FM EX-6'' SS FM EX-21 ' ' S SRF4"MCSCMCFCFCFCF4"M4"MCECSP3SP2SP1CPSYMBOLMANUFACTURER/MODEL/DESCRIPTIONSPRAY: HUNTER PROS-06/012-PRS30-R SR SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R STRIP SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 5 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 8 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 10 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 12 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 15 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R 17 SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.SPRAY: HUNTER PROS-06/012-PRS30-R ADJ SERIESSPRAY, 30 PSI REGULATED POP-UP. CO-MOLDED WIPER SEALWITH UV RESISTANT MATERIAL. INSTALL 12" POP UP IN ALLSHRUB PLANTING AREAS, INSTALL 6" POP UP IN ALL GRASSAREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLE USE.BUBBLER: HUNTER PROS-04-CV-R-MSBNMULTI-STREAM BUBBLER, 4IN. POP-UP, FACTORY INSTALLEDDRAIN CHECK VALVE, RECLAIMED BODY CAP, 25=.25GPM,50=0.5GPM, 10=1.0GPM, 20=2.0GPM. INSTALL PURPLE NOZZLEFOR NON-POTABLE USE.SYMBOLMANUFACTURER/MODEL/DESCRIPTIONHUNTER I-40-06-SS 08TURF ROTOR, 6IN. POP-UP. ADJUSTABLE TO FULL CIRCLE.DRAIN CHECK VALVE, STAINLESS STEEL RISER, 1IN. FEMALE NPTINLET THREADS, STANDARD NOZZLE. INSTALL 6" POP UP IN ALLGRASS AREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLEUSE.HUNTER I-40-06-SS 25TURF ROTOR, 6IN. POP-UP. ADJUSTABLE TO FULL CIRCLE.DRAIN CHECK VALVE, STAINLESS STEEL RISER, 1IN. FEMALE NPTINLET THREADS, STANDARD NOZZLE. INSTALL 6" POP UP IN ALLGRASS AREAS. INSTALL PURPLE NOZZLE FOR NON-POTABLEUSE.ROTOR: HUNTER I-20-06-R 1.5TURF ROTOR, 6IN. POP-UP. ADJUSTABLE AND FULL CIRCLE.PLASTIC RISER. DRAIN CHECK VALVE. STANDARD NOZZLE.INSTALL 6" POP UP IN ALL GRASS AREAS. INSTALL PURPLENOZZLE FOR NON-POTABLE USE.ROTOR: HUNTER I-20-06-R 3.0TURF ROTOR, 6IN. POP-UP. ADJUSTABLE AND FULL CIRCLE.PLASTIC RISER. DRAIN CHECK VALVE. STANDARD NOZZLE.INSTALL 6" POP UP IN ALL GRASS AREAS. INSTALL PURPLENOZZLE FOR NON-POTABLE USE.ROTOR: HUNTER I-20-06-R 4.0TURF ROTOR, 6IN. POP-UP. ADJUSTABLE AND FULL CIRCLE.PLASTIC RISER. DRAIN CHECK VALVE. STANDARD NOZZLE.INSTALL 6" POP UP IN ALL GRASS AREAS. INSTALL PURPLENOZZLE FOR NON-POTABLE USE.ROTOR: HUNTER I-20-06-R 8.0TURF ROTOR, 6IN. POP-UP. ADJUSTABLE AND FULL CIRCLE.PLASTIC RISER. DRAIN CHECK VALVE. STANDARD NOZZLE.INSTALL 6" POP UP IN ALL GRASS AREAS. INSTALL PURPLENOZZLE FOR NON-POTABLE USE.SYMBOLMANUFACTURER/MODEL/DESCRIPTIONCONTROL VALVE: HUNTER ICV-R 1-1/2"1", 1-1/2", 2", AND 3" PLASTIC ELECTRIC REMOTE CONTROLVALVES, WITH NPT THREADED INLET/OUTLET, FORCOMMERCIAL/MUNICIPAL USE. INSTALL IN VALVE BOX WITHPURPLE LID FOR NON-POTABLE USE.QUICK COUPLER: RAIN BIRD 5-NP 1"1IN. BRASS QUICK-COUPLING VALVE, WITHCORROSION-RESISTANT STAINLESS STEEL SPRING, LOCKINGNON-POTABLE PURPLE RUBBER COVER, AND 1-PIECE BODY.INSTALL QUICK COUPLERS ON FIELDS, QTY-4, IN 10" ROUNDVAVLE BOXES. CONTROL QUICK COUPLERS THROUGHPHONE APP. INSTALL IN VALVE BOX WITH PURPLE LID FORNON-POTABLE USE.BALL VAVLE: LASCOINSTALL IN VALVE BOX WITH PURPLE LID FOR NON-POTABLEUSE.GATE VALVE: LASCOBRASSINSTALL IN VALVE BOX WITH PURPLE LID FOR NON-POTABLEUSE.IRRIGATION SCHEDULE/ SEE SHEET L5.23-L.25MAIN ARAD: 4" FLOW METER/MASTER VALVE 4"PART# IS-BM-40AC 1=100INSTALL 6 WIRES (NO RED OR WHITE)COLOR 1: 2-SOLENOIDCOLOR 2: 2-DATACOLOR 3: 2-EXTRAINSTALL 12 GUAGE WIRE FROM ACE CONTROLLER TO POINTOF CONNECTION.INSTALL IN VALVE BOX WITH PURPLE LID FOR NON-POTABLEUSE.SUB ARAD: 3" FLOW METER/MASTER VALVE 3"PART# IS-BM-30AC 1=10INSTALL 6 WIRES (NO RED OR WHITE)COLOR 1: 2-SOLENOIDCOLOR 2: 2-DATACOLOR 3: 2-EXTRAINSTALL IN VALVE BOX WITH PURPLE LID FOR NON-POTABLEUSE.RPZ BACKFLOW: FEBCO LF860-FS LARGE 4"REDUCED PRESSURE BACKFLOW PREVENTERBALL FIELD CONTROLLERS: MOTOROLA IRRINET MEXTERIOR PEDESTAL MOUNT CONTROLLER WITH SURGE12 STATIONPART# IS-R1A-RU-SSBALL FIELD CONTROLLERS: MOTOROLA IRRINET MEXTERIOR PEDESTAL MOUNT CONTROLLER WITH SURGE12 STATIONPART# IS-R1A-RU-SSCOMMON AREA SITE CONTROLLER: MOTOROLA IRRINET MEXTERNAL PEDESTAL MOUNT48 STATIONPART# IS-R4A-RU-SSMAIN CONTROLLER: MOTOROLA ACEINTERIOR WALL MOUNT CONTROLLER WITH SURGE80 STATIONPART# IS-A5A-IPU-RN-WSCONTROLLER CABINET 34"WIDE X 45" TALL X 10" DEEPCONTRACTOR TO COORDINATE DOOR HINGE SIDE WITHMANUFACTURER.PUMP STATION AREA: MOTORLA IRRINET MEXTERIOR PEDESTAL MOUNT CONTROLLER WITH SURGE12 STATIONPART# IS-R1A-RU-SSSOUTHEAST CONTROLLER: MOTOROLA IRRINET MEXTERIOR PEDESTAL MOUNT CONTROLLER WITH SURGE36 STATIONPART#IS-R3A-RU-SSRAIN/FREEZE SENSOR: HUNTER WRF-CLIKRAIN/FREEZE SENSOR, INSTALL WITHIN 1000 FT OFCONTROLLER, IN LINE OF SIGHT. 22-28 VAC/VDC 100 MAPOWER FROM TIMER TRANSFORMER. MOUNT AS NOTED.INCLUDES GUTTER MOUNT.BOOSTER PUMP - BASE BIDINCONTROL273 GPM AT 60 PSI BOOSTER15 HP PUMP/MOTORMONSOON SERIES, APPROX 6' L X 3'-7' D X 6'H480 VOLT/3 PHASE OR 240 VOLT/3 PHASESUBMERSIBLE PUMP - BID ALT200 GPM AT 100 PSI BOOSTER10 HP MAIN PUMP/MOTOR & 7.5 HP JOCKEY PUMP/MOTORSUBMARINE TURBINE SERIES WITH SELF CLENAING FILTERAPPROX 6' L X 4'W X 4' H240 VOLT/3 PHASESUBMERSIBLE PUMP - BID ALT200 GPM AT 100 PSI BOOSTER10 HP MAIN PUMP/MOTOR & 7.5 HP JOCKEY PUMP/MOTORSUBMARINE TURBINE SERIES WITH SELF CLENAING FILTERAPPROX 6' L X 4'W X 4' H240 VOLT/3 PHASESUBMERSIBLE PUMP - BID ALT200 GPM AT 100 PSI BOOSTER10 HP MAIN PUMP/MOTOR & 7.5 HP JOCKEY PUMP/MOTORSUBMARINE TURBINE SERIES WITH SELF CLENAING FILTERAPPROX 6' L X 4'W X 4' H240 VOLT/3 PHASEWATER METER 4"STATIC PRESSURE OF 80 PSI AT METER PROVIDED BY THE CITYON 9/7/2023.WATER METER 4"STATIC PRESSURE OF 80 PSI AT METER PROVIDED BY THE CITYON 9/7/2023.POINT OF CONNECTION 4"STATIC PRESSURE OF 80 PSI AT METER PROVIDED BY THE CITYON 9/7/2023.POINT OF CONNECTION 4"POINT OF CONNECTION 4"POINT OF CONNECTION 4"IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1/2"INSTALL PURPLE PIPE FOR NON-POTABLE USE.IRRIGATION MAINLINE: PVC SCHEDULE 404" MINIMUM MAINLINE, TYP. INSTALL PURPLE PIPE FORNON-POTABLE USE.PIPE SLEEVE: PVC SCHEDULE 40INSTALL PURPLE PIPE FOR NON-POTABLE USE.CCFCSCMCPCERFSP1SP2SP34"M4"MIRR-MIRR-SM/ SEE SHEET L5.23-L.25/ SEE SHEET L5.23-L.25/ SEE SHEET L5.23-L.25OVERALL IRRIGATION PLAN L5.00JMMJMMKLSFILENAME: 7691-Irrigation Plan.dwgPLOTTED BY: Janel MoodyPLOTTED ON: Wednesday, September 10, 2025 FULL PATH: P:\007600\7691\001\PLA\Drawings\Plot Sheets\7691-Irrigation Plan JOB NO.DESIGNED BY:DRAWN BY:CHECKED BY:DATE:SHEET:REVISIONS DESCRIPTIONDATENO.7691.001MAY 6, 2025 RAYMOND COMMUNITY PARK BLOCK 1, LOT 1 WILLIAM BUTLER SURVEY, ABSTRACT NO. 112 TOWN OF PROSPER, COLLIN COUNTY, TEXAS05/06/2025TOWN PROJECT #:2122-PKNORTHNORTHGRAPHIC SCALE01 inch =150300150'AREA 1FIRST STREETEQUESTRIAN WAY CREEKCOIT ROADAREA 2AREA 3AREA 4AREA 5AREA 12AREA 13AREA 14AREA 15AREA 18AREA 16AREA 17AREA 19AREA 11AREA 10AREA 9AREA 7AREA 6AREA 8CM4" MAINLINE, TYP.FIELD #3FIELD #1FIELD #2FIELD #4ARAD TEMPORARY IRRIGATIONARAD SITE IRRIGATION& PEDESTAL CONTROLLERARAD FIELD#2 IRRIGATION& PEDESTAL CONTROLLERARAD FIELD#4 IRRIGATION& PEDESTAL CONTROLLERARAD FIELD#3 IRRIGATION& PEDESTAL CONTROLLERMAIN CONTROLLER LOCATION4" METERBID PACKAGE #1 BID PACKAGE #2NOTES:1.ALL PIPE 3" AND LARGER NEEDS TO BEGASKETED PIPE WITH MJ DUCTILE IRONFITTINGS AND CONCRETE THRUST BLOCKS.2.THE SYSTEM WILL REQUIRE A MINIMUM OFTWO AIR RELIEF VALVE TO BE FIELDLOCATED.ARAD FIELD#1 IRRIGATION& PEDESTAL CONTROLLER6.1/30/2025 ASI #17 - IRRIGATION UPDATES 7.4/03/2025 RFI #49 - IRRIGATION FIELD UPDATES 8.5/14/2025 ASI #19 - IRRIGATION ADDITIONAL METER UPDATESWALL MOUNT CONTROLLERAT RESTROOM BUILDING9.6/12/2025 RFI #59 - IRRIGATION BACKFLOW UPDATE 10.9/11/2025 ASI #20 - IRRIGATION PUMP UPDATESAPPROXIMATE LOCATION OFSUBMERSIBLE PUMPSAPPROXIMATE LOCATION OF WELLARAD EAST IRRIGATION& PEDESTAL CONTROLLERARADS & CONTROLLERWORK WITHIN THISCHANGE ORDERSTARTS HERE ATAIR GAPSINCLUDES IRRIGATIONSUBMERSIBLE PUMPS,IRRIGATION EQUIPMENT, &ELECTRICAL ENCLOSUREINCLUDES WELL ANDEQUIPMENT, ENCLOSURE,ELECTRICAL SERVICE TOWELL, CONTROLLERS, ANDPUMPSALL ADDITIONAL WORK SHOWN HERE HAS BEENOUTLINED WITHIN CHANGE ORDER #5. EXHIBIT AIRRIGATION SYSTEM WITHIN THE OVERALLPARK IS UNDER CONTRACT AND BEINGINSTALLED BY OTHERSPage 380Item 23. Town of Prosper's Raymond Community Park CO #05 Well 16 JANUpdated on 16 OCT 2025Printed on 1/16/2026 at 1:33 PMItem #DescriptionSubtotal TotalComments22,230,673Total Matches Executed CO # 041.00 Add New Well & Pump System 1,247,681.8816 JAN 2026 PCR 55 (Final PRC Amount after Validation)2.00Owner's Contingency for Well Scopeinside the GMP124,768.19Unforeseeable Conditions (Weather, Subsurface Conditions, etc.)1,372,450 23,603,123Totals Rounded to Match CO #05CO # 04 - CMAR's Cost + Fees and Owner's Contingency inside the GMPCMAR's Current Contract Sum Proposed CO # 05 Total & CMAR's New Contract Sum after CO # 05260116 PRYP Owner's Budget REV 40.00 for CO #05Page 1 of 1© 2026 Peak Program Value, LLCAll Rights ReservedPage 381Item 23. Page 382Item 23. Page 383Item 23. Page 384Item 23. Page 385Item 23. Page 386Item 23. Page 387Item 23. Page 388Item 23. Page 389Item 23. Page 390Item 23. Page 391Item 23. Page 392Item 23. Page 393Item 23. Page 394Item 23. Page 395Item 23. ID Description Biz Days Start Finish 1 GMP Package #1 48 days Wed 10/11/23Tue 12/19/23 2 95% CD's Town Comments Received 0 days Wed 10/11/23Wed 10/11/23 3 GMP 1 100% CD's Released 4 days Wed 10/11/23Mon 10/16/23 4 GMP 1 100% CD's Amendment 1 Released 4 days Tue 10/17/23 Fri 10/20/23 5 GMP 1 Sub Questions Due to DCI 7 days Mon 10/23/23Tue 10/31/23 6 GMP 1 Addendum #3 Released 2 days Wed 11/1/23 Thu 11/2/23 7 GMP 1 Sub Prepare Bids 23 days Tue 10/17/23Thu 11/16/23 8 GMP 1 Bid Opening at Town Hall 0 days Thu 11/16/23Thu 11/16/23 9 GMP 1 Prep by DCI & Review by PPV 3 days Fri 11/17/23 Tue 11/21/23 10 GMP 1 Final to PARD Team 0 days Mon 11/27/23Mon 11/27/23 11 GMP 1 Review Mtg w/PARD & DWY Team 0 days Tue 11/28/23Tue 11/28/23 12 GMP 1 Final Reviewed w/CMO (by RB)0 days Wed 11/29/23Wed 11/29/23 13 GMP 1 Final OK'd by CMO Team 0 days Thu 11/30/23Thu 11/30/23 14 Town Council Packets Close (GMP 1 Done)0 days Mon 12/4/23 Mon 12/4/23 15 Town Council Mtg - GMP 1 Considered 0 days Tue 12/12/23Tue 12/12/23 16 Signed O-C Agreement to DCI 1 day Wed 12/13/23Wed 12/13/23 17 Draft NTP from CS to ToP 1 day Thu 12/14/23Thu 12/14/23 18 (AL) to Provide Value Options List Via Email to Team by EOD 1 day Thu 12/14/23Thu 12/14/23 19 Notice to Proceed for Construction GMP #1 0 days Tue 12/19/23Tue 12/19/23 20 GMP Package #2 147 daysTue 10/31/23Tue 5/28/24 21 Prepare 95% CDs for Town Engineer's Review 24 days Tue 10/31/23 Tue 12/5/23 22 Town Engineer's Review & Comments Out 30 days Wed 12/6/23 Wed 1/17/24 23 Confirm Paving & Fire Lane Direction 5 days Thu 1/18/24 Wed 1/24/24 24 Update 99% CDs from Town Engineer's Final Review 16 days Thu 1/25/24 Thu 2/15/24 25 Town Engineer's Review & Final Comments Out 11 days Fri 2/16/24 Fri 3/1/24 26 GMP 2 100% CDs Released by DWY to Team 0 days Fri 3/8/24 Fri 3/8/24 27 GMP 2 100% CD's Released To Subs 0 days Tue 3/12/24 Tue 3/12/24 28 GMP 2 Subs Prepare Bids 22 days Tue 3/12/24 Wed 4/10/24 29 DCI's Comments & Estimate on GMP 2 99% CDs 8 days Fri 2/16/24 Tue 2/27/24 30 GMP 2 Prep by DCI 1 day Thu 4/11/24 Thu 4/11/24 31 GMP 2 Review by PPV 1 day Fri 4/12/24 Fri 4/12/24 32 GMP 2 Final to PARD Team 4 days Wed 4/17/24 Mon 4/22/24 33 GMP 2 Final Review PARD Team 0 days Mon 4/22/24 Mon 4/22/24 34 GMP 2 Final Reviewed w/CMO (by RB)2 days Tue 4/23/24 Wed 4/24/24 35 GMP 2 Final OK'd by CMO Team 1 day Thu 4/25/24 Thu 4/25/24 36 Town Council Packets Close (GMP 2 Done)7 days Fri 4/26/24 Mon 5/6/24 37 Owner Directed Move of City Council Consideration 10 days Tue 5/14/24 Tue 5/28/24 38 Town Council Mtg - GMP Considered 0 days Tue 5/28/24 Tue 5/28/24 39 Plat Review and Filing 44 days Mon 11/13/23Tue 1/16/24 40 Submit Preliminary Plat to Town 0 days Mon 11/13/23Mon 11/13/23 41 Comments from Town on the Prelim Plat 11 days Mon 11/13/23Wed 11/29/23 42 Final Plat Submitted to Town 2 days Thu 11/30/23 Fri 12/1/23 43 Final Plat Submitted to P&Z 1 day Mon 12/4/23 Mon 12/4/23 44 P&Z Mtg - Consider Final Plat 30 days Tue 12/5/23 Tue 1/16/24 45 Construction 614 days?Tue 12/19/23Fri 5/15/26 46 GMP # 1 Activities 228 days Tue 12/19/23Wed 11/6/24 10/11/2023 GMP Package #1 10/11/2023 95% CD's Town Comments Received 10/11/2023 GMP 1 100% CD's Released 10/17/2023 GMP 1 100% CD's Amendment 1 Released 10/23/2023 GMP 1 Sub Questions Due to DCI 11/1/2023 GMP 1 Addendum #3 Released 10/17/2023 GMP 1 Sub Prepare Bids 11/16/2023 GMP 1 Bid Opening at Town Hall 11/17/2023 GMP 1 Prep by DCI & Review by PPV 11/27/2023 GMP 1 Final to PARD Team 11/28/2023 GMP 1 Review Mtg w/PARD & DWY Team 11/29/2023 GMP 1 Final Reviewed w/CMO (by RB) 11/30/2023 GMP 1 Final OK'd by CMO Team 12/4/2023 Town Council Packets Close (GMP 1 Done) 12/12/2023 Town Council Mtg - GMP 1 Considered 12/13/2023 Signed O-C Agreement to DCI 12/14/2023 Draft NTP from CS to ToP 12/14/2023 (AL) to Provide Value Options List Via Email to Team by EOD 12/19/2023 Notice to Proceed for Construction GMP #1 10/31/2023 GMP Package #2 10/31/2023 Prepare 95% CDs for Town Engineer's Review 12/6/2023 Town Engineer's Review & Comments Out 1/18/2024 Confirm Paving & Fire Lane Direction 1/25/2024 Update 99% CDs from Town Engineer's Final Review 2/16/2024 Town Engineer's Review & Final Comments Out 3/8/2024 GMP 2 100% CDs Released by DWY to Team 3/12/2024 GMP 2 100% CD's Released To Subs 3/12/2024 GMP 2 Subs Prepare Bids 2/16/2024 DCI's Comments & Estimate on GMP 2 99% CDs 4/11/2024 GMP 2 Prep by DCI 4/12/2024 GMP 2 Review by PPV 4/17/2024 GMP 2 Final to PARD Team 4/22/2024 GMP 2 Final Review PARD Team 4/23/2024 GMP 2 Final Reviewed w/CMO (by RB) 4/25/2024 GMP 2 Final OK'd by CMO Team 4/26/2024 Town Council Packets Close (GMP 2 Done) 5/14/2024 Owner Directed Move of City Council Consideration 5/28/2024 Town Council Mtg - GMP Considered 11/13/2023 Plat Review and Filing 11/13/2023 Submit Preliminary Plat to Town 11/13/2023 Comments from Town on the Prelim Plat 11/30/2023 Final Plat Submitted to Town 12/4/2023 Final Plat Submitted to P&Z 12/5/2023 P&Z Mtg - Consider Final Plat 12/19/2023 Construction 12/19/2023 GMP # 1 Activities A S O N D J F M A M J J A S O N D J F M A M J J Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Town of Prosper - Raymond Community Park - Master Project Schedule - GMP #s 1 and 2 Updated on 09 MAR 2024 Printed on Tue 1/13/26 Page 1 Page 396 Item 23. ID Description Biz Days Start Finish 47 Notice to Proceed w/GMP 1 - 19 DEC 2024 0 days Tue 12/19/23Tue 12/19/23 48 Erosion Control 180 days Tue 12/19/23 Thu 8/29/24 49 Tree protection/ Temporary fence 180 days Tue 12/19/23 Thu 8/29/24 50 Demo / Earthwork 127 days Tue 12/19/23 Fri 6/14/24 51 Storm Sewer Submittals from Sub 10 days Fri 4/12/24 Thu 4/25/24 52 Storm Submittal Review 10 days Fri 4/26/24 Thu 5/9/24 53 Storm Material Lead Time 20 days Fri 5/10/24 Fri 6/7/24 54 Utilities - Storm Sewer 43 days Mon 6/10/24 Thu 8/8/24 55 Paving and Firelane with Lime 65 days Tue 7/9/24 Tue 10/8/24 56 Electrical 125 days Fri 3/1/24 Mon 8/26/24 57 Irrigation Sleeving 20 days Fri 3/1/24 Thu 3/28/24 58 GMP # 1 Substantial Completion - 09 SEPT 2024 5 days Wed 10/9/24Tue 10/15/24 59 GMP # 1 Punchlist Completion 15 days Wed 10/16/24Tue 11/5/24 60 GMP # 1 Final Completion/Town Acceptance 01 OCT 20241 day Wed 11/6/24 Wed 11/6/24 61 GMP # 2 Activities 451 days?Tue 5/28/24 Mon 3/9/26 62 Council Approval Delay 0 days Tue 5/28/24 Tue 5/28/24 63 Erosion Control 200 days Thu 10/17/24 Thu 7/31/25 64 Tree Protection/ Temporary Fence 115 days Thu 10/17/24 Tue 4/1/25 65 GMP #2 Construction Work 360 days Wed 5/29/24Mon 10/27/25 66 Electrical (Long Lead Items from GMP # 01)115 days Thu 10/17/24 Tue 4/1/25 67 Site Concrete 281 days Thu 6/27/24 Tue 8/5/25 68 Limestone Block walls 80 days?Thu 3/27/25 Fri 7/18/25 69 Pickleball Courts 120 days?Fri 5/16/25 Tue 11/4/25 70 Moisture Conditioning @ Pickleball 56 days?Thu 2/27/25 Thu 5/15/25 71 Fabric Shade Structure Foundations 37 days?Thu 3/20/25 Fri 5/9/25 72 Fence Posts 27 days?Thu 2/27/25 Fri 4/4/25 73 Fence 30 days Mon 4/7/25 Fri 5/16/25 74 Backstop Nets Posts 12 days?Thu 3/13/25 Fri 3/28/25 75 Backstop Nets 20 days Mon 3/31/25 Fri 4/25/25 76 Bleacher Shade Structures 100 days?Fri 3/14/25 Mon 8/4/25 77 Dugout Metal Roofs 40 days?Thu 4/24/25 Thu 6/19/25 78 Entry Gateways 20 days?Thu 5/22/25 Thu 6/19/25 79 Coit Road Monument Signs 20 days?Thu 5/29/25 Wed 6/25/25 80 Restroom Concession Building 190 days Tue 11/19/24 Tue 8/19/25 81 Aluminum Bleacher Seating 20 days Fri 7/18/25 Thu 8/14/25 82 Parking Lot Striping 10 days?Thu 8/14/25 Wed 8/27/25 83 Tennis Courts add 180 days Mon 2/24/25Wed 11/5/25 84 Tennis courts Moisture conditioning 56 days Thu 2/27/25 Thu 5/15/25 85 Tennis courts 119 days Fri 5/16/25 Mon 11/3/25 86 Trail Expansion 241 days Thu 11/14/24Mon 10/27/25 87 Notice to Proceed 1 day Tue 12/17/24Tue 12/17/24 88 Design Stage 56 days Thu 11/14/24 Wed 2/5/25 89 Trail Construction 30 days Thu 7/17/25 Wed 8/27/25 90 Low water crossings 30 days Thu 7/17/25 Wed 8/27/25 91 Order Bridge 148 days Fri 1/31/25 Thu 8/28/25 92 Install Piers 30 days Mon 4/7/25 Fri 5/16/25 12/19/2023 Notice to Proceed w/GMP 1 - 19 DEC 2024 12/19/2023 Erosion Control 12/19/2023 Tree protection/ Temporary fence 12/19/2023 Demo / Earthwork 4/12/2024 Storm Sewer Submittals from Sub 4/26/2024 Storm Submittal Review 5/10/2024 Storm Material Lead Time 6/10/2024 Utilities - Storm Sewer 7/9/2024 Paving and Firelane with Lime 3/1/2024 Electrical 3/1/2024 Irrigation Sleeving 10/9/2024 GMP # 1 Substantial Completion - 09 SEPT 2024 10/16/2024 GMP # 1 Punchlist Completion 11/6/2024 GMP # 1 Final Completion/Town Acceptance 01 OCT 2024 5/28/2024 GMP # 2 Activities 5/28/2024 Council Approval Delay 10/17/2024 Erosion Control 10/17/2024 Tree Protection/ Temporary Fence 5/29/2024 GMP #2 Construction Work 10/17/2024 Electrical (Long Lead Items from GMP # 01) 6/27/2024 Site Concrete 3/27/2025 Limestone Block walls 5/16/2025 Pickleball Courts 2/27/2025 Moisture Conditioning @ Pickleball 3/20/2025 Fabric Shade Structure Foundations 2/27/2025 Fence Posts 4/7/2025 Fence 3/13/2025 Backstop Nets Posts 3/31/2025 Backstop Nets 3/14/2025 Bleacher Shade Structures 4/24/2025 Dugout Metal Roofs 5/22/2025 Entry Gateways 5/29/2025 Coit Road Monument Signs 11/19/2024 Restroom Concession Building 7/18/2025 Aluminum Bleacher Seating 8/14/2025 Parking Lot Striping 2/27/2025 Tennis courts Moisture conditioning 5/16/2025 Tennis courts A S O N D J F M A M J J A S O N D J F M A M J J Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Town of Prosper - Raymond Community Park - Master Project Schedule - GMP #s 1 and 2 Updated on 09 MAR 2024 Printed on Tue 1/13/26 Page 2 Page 397 Item 23. ID Description Biz Days Start Finish 93 Install Abuttments 30 days Thu 5/29/25 Thu 7/10/25 94 Install Bridge 1 day Fri 8/29/25 Fri 8/29/25 95 Substantial Completion 1 day Tue 9/2/25 Tue 9/2/25 96 Punchlist 15 days Wed 9/3/25 Tue 9/23/25 97 Walkthrough 1 day Wed 9/24/25 Wed 9/24/25 98 Multipurpose Irrigation/Purple pipe 137 days Sun 12/15/24 Fri 6/27/25 99 Notice to proceed 1 day Sun 12/15/24Sun 12/15/24 100 Multipurpose Irrigation 30 days Thu 2/6/25 Wed 3/19/25 101 RPZ Lead times 30 days Thu 3/20/25 Wed 4/30/25 102 RPZ 5 days Thu 5/1/25 Wed 5/7/25 103 ARAD 4" Lead time 120 days Mon 12/16/24 Wed 6/4/25 104 Other ARAD's Lead times 0 days Sun 12/15/24Sun 12/15/24 105 Substantial Completion 1 day Thu 6/5/25 Thu 6/5/25 106 Punchlist 15 days Fri 6/6/25 Thu 6/26/25 107 Walkthrough 1 day Fri 6/27/25 Fri 6/27/25 108 Multipurpose lighting added 7/10/25 65 days?Wed 7/23/25Wed 10/22/25 109 Underground 14 days?Wed 8/6/25 Mon 8/25/25 110 Pole bases 14 days?Tue 8/26/25 Mon 9/15/25 111 Pole setting (12 week lead time)1 day?Tue 10/21/25Tue 10/21/25 112 Multipurpose lighting delay(approved by TOP w/ Change order 5) 45 days Wed 10/22/25 Fri 12/26/25 113 Irrigation Changes 7/10/25 58 days?Tue 8/5/25 Fri 10/24/25 114 New meters (10 week lead time)50 days?Tue 8/5/25 Tue 10/14/25 115 New RPZ's and irrigation changes (8 week lead time)45 days?Tue 8/5/25 Tue 10/7/25 116 Dumpster Enclosure 40 days?Thu 3/6/25 Wed 4/30/25 117 Ballfield Clay and Conditioner 40 days?Thu 11/7/24 Tue 1/7/25 118 Irrigation System with Town Water 160 days Thu 10/24/24Wed 6/11/25 119 Landscape 80 days Mon 6/2/25 Tue 9/23/25 120 Fine Grade 180 days?Mon 1/27/25 Wed 10/8/25 121 Irrigation main lines ready for well system 14 days Mon 12/29/25 Fri 1/16/26 122 Turf Establishment edited (Change order #4)22 days?Fri 1/16/26 Sat 2/14/26 123 All Sod no hydromulch 30 days?Mon 1/5/26 Fri 2/13/26 124 Playground 45 days?Fri 5/2/25 Mon 7/7/25 125 CXT Building at Playground 60 days?Thu 10/17/24 Tue 1/14/25 126 Handrails/Guardrails 80 days?Thu 4/24/25 Fri 8/15/25 127 Site Amenities 56 days Thu 8/7/25 Fri 10/24/25 128 Site Masonry 46 days?Mon 3/31/25 Tue 6/3/25 129 Construction Layout 358 days?Thu 5/30/24 Fri 10/24/25 130 ASI 15 Irrigation changes 13 days Tue 5/13/25 Fri 5/30/25 131 ASI 17 Irrigation changes 8 days Mon 6/2/25 Wed 6/11/25 132 Pedestrian Poles Bid alt gmp 1 alt 2.0 13 days Thu 6/12/25 Mon 6/30/25 133 Monument Sign bid alt gmp 2 alt 2.10 5 days Tue 7/1/25 Tue 7/8/25 134 Rain Delay 58 days Wed 5/28/25 Mon 8/18/25 135 Owner's Weather Float 32 days?Tue 8/19/25 Thu 10/2/25 136 GMP # 2 Substantial Completion - all work up to & including CO #04 1 day Mon 2/16/26 Mon 2/16/26 8/29/2025 Install Bridge 9/2/2025 Substantial Completion 9/3/2025 Punchlist 9/24/2025 Walkthrough 12/15/2024 Multipurpose Irrigation/Purple pipe 2/6/2025 Multipurpose Irrigation 3/20/2025 RPZ Lead times 5/1/2025 RPZ 12/16/2024 ARAD 4" Lead time 12/15/2024 Other ARAD's Lead times 6/5/2025 Substantial Completion 6/6/2025 Punchlist 6/27/2025 Walkthrough 8/6/2025 Underground 8/26/2025 Pole bases 10/21/2025 Pole setting (12 week lead time) 10/22/2025 Multipurpose lighting delay(approved by TOP w/ Change order 5) 8/5/2025 New meters (10 week lead time) 8/5/2025 New RPZ's and irrigation changes (8 week lead time) 3/6/2025 Dumpster Enclosure 11/7/2024 Ballfield Clay and Conditioner 10/24/2024 Irrigation System with Town Water 6/2/2025 Landscape 1/27/2025 Fine Grade 12/29/2025 Irrigation main lines ready for well system 1/5/2026 All Sod no hydromulch 5/2/2025 Playground 10/17/2024 CXT Building at Playground 4/24/2025 Handrails/Guardrails 8/7/2025 Site Amenities 3/31/2025 Site Masonry 5/30/2024 Construction Layout 5/13/2025 ASI 15 Irrigation changes 6/2/2025 ASI 17 Irrigation changes 6/12/2025 Pedestrian Poles Bid alt gmp 1 alt 2.0 7/1/2025 Monument Sign bid alt gmp 2 alt 2.10 5/28/2025 Rain Delay 8/19/2025 Owner's Weather Float 2/16/2026 GMP # 2 Substantial Completion - all work up to & including CO #04 A S O N D J F M A M J J A S O N D J F M A M J J Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Town of Prosper - Raymond Community Park - Master Project Schedule - GMP #s 1 and 2 Updated on 09 MAR 2024 Printed on Tue 1/13/26 Page 3 Page 398 Item 23. ID Description Biz Days Start Finish 137 GMP # 2 Punchlist Completion - all work up to & including CO #04 15 days Tue 2/17/26 Mon 3/9/26 138 CO #05 Well + Pond Irrigation 91 days?Tue 12/16/25 Thu 4/23/26 139 Preconstruction/Bidding phase 19 days Fri 12/12/25 Sun 1/11/26 140 Well bid date 1 day?Mon 1/12/26 Mon 1/12/26 141 Well Change order to council 1 day?Tue 1/27/26 Tue 1/27/26 142 NTP on well 1 day?Wed 1/28/26 Wed 1/28/26 143 Well construction 60 days Thu 1/29/26 Wed 4/22/26 144 Project Substantial Completion - all work up to & including CO #05 1 day Thu 4/23/26 Thu 4/23/26 145 Project Punchlist - All work up to & including CO #05 15 days Fri 4/24/26 Thu 5/14/26 146 Final Completion/Town Acceptance - All work up to & including CO #05 1 day Fri 5/15/26 Fri 5/15/26 2/17/2026 GMP # 2 Punchlist Completion - all work up to & including CO #04 12/12/2025 Preconstruction/Bidding phase 1/12/2026 Well bid date 1/27/2026 Well Change order to council 1/28/2026 NTP on well 1/29/2026 Well construction 4/23/2026 Project Substantial Completion - all work up to & including CO #05 4/24/2026 Project Punchlist - All work up to & including CO #05 5/15/2026 Final Completion/Town Acceptance - All work up to & including CO #05 A S O N D J F M A M J J A S O N D J F M A M J J Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Town of Prosper - Raymond Community Park - Master Project Schedule - GMP #s 1 and 2 Updated on 09 MAR 2024 Printed on Tue 1/13/26 Page 4 Page 399 Item 23. Raymond Community Park Owner's Budget New Well 20 JAN Updated on 20 JAN 2026 Printed on 1/20/2026 at 5:37 AM Description Owner's Budget 1.0 DCI CO # 05 Amount (w/o Owner Contingency) 1,247,682 2.0 Owner Contingency Inside GMP with CO # 05 124,768 Subtotal Change Order # 05 Amount 1,372,450 3.0 New Electrical Service for the Well (Allowance) (Outside the GMP)300,000 3.0 New Additional Professional Fees for Well (Outside the GMP)(Materials Testing Only)10,000 1.0 Owner Contingency Outside GMP for New Well 75,000 1,757,450 Owner's Budget for Change Order #05 - New Well Total Funding Authorization Requested for New Well 260120 PRYP Owner's Budget REV 41.00 for CO #05 Page 1 of 1 ©2026 Peak Program Value, LLC All Rights Reserved Page 400 Item 23. Page 1 of 2 To: Mayor and Town Council From: Lindy M. Higginbotham, P.E., Senior Engineer Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Re: Bid Award: First Street Reconstruction (DNT-Coleman) Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-04-B to Mario Sinacola & Sons Excavating, Inc., related to the First Street Reconstruction (DNT-Coleman) project, for $20,793,934.72 and authorize $500,000 for construction phase contingencies. The total purchase order amount is $21,293,934.72. Description of Agenda Item: On November 13, 2025, at 2:00 PM, seven (7) Competitive Sealed Proposals were received for the First Street Reconstruction (DNT-Coleman) project (1512-ST). The project consists of all work needed for construction of a four-lane divided suburban arterial between the Dallas North Tollway and Coleman Street. Project includes a roundabout at Coleman Street, concrete curb and gutter roadway, underground drainage improvements, median landscape, street lighting at the roundabout, and a twelve-inch (12”) water line. The project was advertised using the Competitive Sealed Proposal Construction alternative procurement method to allow the Town to award the project to the contractor that offers the best value proposal based on the following criteria, which include standard percentages based on direction from the Town Council:  Qualifications and Experience (10%) o Outline contractor and subcontractor experience with similar projects. o Outline qualifications of key personnel assigned to this project. o Provide references.  Project Timeline (25%)  Cost Proposal (65%) The verified proposal totals ranged between $20,793,934.72 and $25,618,128.74. The Engineer's Estimate was $24,264,385.50. The proposal’s final completion times ranged from 540 calendar days to 1,095 calendar days. ENGINEERING SERVICES Page 401 Item 24. Page 2 of 2 Mario Sinacola & Sons Excavating, Inc., was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $20,793,934.72, and a project timeline of 570 calendar days. Mario Sinacola & Sons Excavating, Inc., successfully completed the First Street (Stuber Elementary-DNT) and First Street (Coit-Custer) projects. Budget Impact: The construction budget for the planned improvements to First Street (DNT-Coleman) is $23,749,506.62 ($21,249,506.62 is in Account No. ST201512-CONST-CONST and $2,500,000 is in Account No. WA202614-CONST-CONST). The cost for the construction of this project is $20,793,934.72. The contingency amount of $500,000 will be used during the construction phase to address field changes or adjust quantities during construction. The use of the contingency fund will be documented with change order requests negotiated between staff and the contractor as construction progresses. This leaves a remaining budget of $2,455,571.90 available for the Construction Material Testing and Observation Services and the BNSF Railway Signal and Surface Improvements Grade Crossing Construction and Maintenance Agreement. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attachments: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-04-B to Mario Sinacola & Sons Excavating, Inc., related to the First Street Reconstruction (DNT-Coleman) project, for $20,793,934.72 and authorize $500,000 for construction phase contingencies. The total purchase order amount is $21,293,934.72. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-04-B to Mario Sinacola & Sons Excavating, Inc., related to the First Street Reconstruction (DNT-Coleman) project, for $20,793,934.72 and authorize $500,000 for construction phase contingencies. The total purchase order amount is $21,293,934.72. Page 402 Item 24. LOCATION MAP First Street Reconstruction (DNT-Coleman)Mike Howard Lane Dallas North Tollway Town Hall First Street First Street Page 403 Item 24. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Total Days Axis Contracting, Inc.Dallas TX 11/13/2025 12:48:59 PM (CT)$25,618,128.74 1095 DDM Construction Corporation Addison TX 11/13/2025 01:45:25 PM (CT)$22,028,461.40 700 HARPER BROTHERS CONSTRUCTION LLC Plano TX 11/13/2025 01:00:47 PM (CT)$20,872,717.75 690 Mario Sinacola & Sons Excavating, Inc.Frisco TX 11/13/2025 01:01:13 PM (CT)$20,793,934.72 570 McMahon Contracting LP Grand Prairie TX 11/13/2025 01:18:38 PM (CT)$23,932,311.63 643 Tiseo Paving Co.Mesquite TX 11/13/2025 01:46:36 PM (CT)$21,782,648.60 540 Zachry Construction Corporation Grand Prairie TX 11/13/2025 01:48:59 PM (CT)$22,048,783.83 570 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:November 13, 2025 Purchasing Manager Town of Prosper, Texas **All bids/proposals submitted for the designated project are reflected on this tabulation sheet.  However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive.  The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents.  The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. CSP No. 2026-04-B First Street Reconstruction DNT-Coleman 11/13/2025 at 2:00PM Page 404 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 1 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Mario Sinacola & Sons Excavating, Inc., a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be Page 405 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 2 resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Twenty million seven hundred ninety-three thousand nine hundred thirty-four dollars and 72 cents ($20,793,934.72). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 540 calendar days after the date of the Notice to Proceed for the base proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the Contractor has made a request for a final walk-through inspection with the Owner's Construction Superintendent, CIP Program Manager, Engineer, and other representatives. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the final walk-through inspection as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the Contractor has requested final acceptance of the Project. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY Page 406 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 3 OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel, and the Contractor shall pay these attorneys' fees and expenses. Page 407 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 4 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements Contractor 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 included in the contractor’s proposal. 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. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP NO. 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. 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. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Page 408 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 5 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. 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 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 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. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) 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 contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. Page 409 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 6 2) The contractor’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 contractor’s insurance and shall not contribute with it. 3) 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. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. 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 contractor for the Town. c. 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. 5. 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. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating 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. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the Page 410 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 7 work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Page 411 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 8 Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance Page 412 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 9 with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the Page 413 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 10 final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Page 414 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 11 M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “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 Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. 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 contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. P. 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. Q. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) Page 415 Item 24. CSP NO: 2026-04-B FIRST STREET RECONSTRUCTION (DNT-COLEMAN) CIP NO. 1512-ST (Document Version 04/24) 12 within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. 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. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 416 Item 24. Page 417 Item 24. Page 1 of 2 To: Mayor and Town Council From: Lindy M. Higginbotham, P.E., Senior Engineer Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Re: Construction Material Testing and Observation Services Agreement First Street Reconstruction (DNT-Coleman) Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the First Street Reconstruction (DNT- Coleman) project in the amount of $408,815. Description of Agenda Item: At the February 10, 2026, Town Council meeting, the Town Council awarded Mario Sinacola & Sons Excavating, Inc., the construction contract for the First Street Reconstruction (DNT-Coleman) project (1512-ST). In conformance with standard practice for governmental entities, the Town of Prosper is contracting with an independent firm for professional construction materials testing and observation services instead of the selected contractor including these services in their proposals. Construction materials testing and observation services are typically 1% to 5% of a project’s construction cost depending on its scope. The proposal from Alliance Geotechnical Group, for construction materials testing and observation services is 1.97% of the CIP project’s construction cost. The proposed services will be delivered on an as-needed basis and invoiced based on the actual quantity of work performed during construction. After establishing a fee schedule, the scope of services has been estimated based on standard practices and requirements for materials testing frequencies within the construction industry. At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified firms, which included services for Geotechnical Engineering and Material Testing. Alliance Geotechnical Group is included on the approved list. Alliance Geotechnical Group successfully completed the testing for the North Tollway (Prosper Trail-Frontier) 12-inch Waterline and the DNT Waterline Relocation (US 380 - First Street) projects. ENGINEERING SERVICES Page 418 Item 25. Page 2 of 2 Budget Impact: The estimated cost for professional construction materials testing and observation services is $408,815. Funding to be provided from the $21,249,506.62 construction budget for the First Street Reconstruction (DNT-Coleman) project in Account No. ST201512-CONST-CONST. When combined with the approved construction contract with Mario Sinacola & Sons Excavation, Inc. and the agreement with BNSF for signal and surface improvements, there is $425,247.90 remaining in the budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard agreement as to form and legality. Attachments: 1. Location Map 2. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the First Street Reconstruction (DNT-Coleman) project in the amount of $408,815. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the First Street Reconstruction (DNT-Coleman) project in the amount of $408,815. Page 419 Item 25. Page 420 Item 25. Page 421 Item 25. Page 422 Item 25. Page 423 Item 25. Page 424 Item 25. Page 425 Item 25. Page 426 Item 25. ftiltr1CE & <EOTEOf11Cf\l. �OUP Inspections and Testing for HMAC Placement , Provide a TxDOT HMAC Level 18 technician to perform field testing as required by project documents. COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $408,815.00. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. The Town of Prosper and Alliance Geotechnical Group may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Services provided by Alliance will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Please indicate your approval of this proposal and Alliance Geotechnical Group's General Conditions either by signing the attached acceptance form and returning it to our office, or issuing a Town of Prosper contract and/or purchase order as our notice to proceed. Any modifications of the attached language must be accepted by both parties We appreciate the opportunity to provide you with our services. Please call us if you have any questions or wish to discuss any aspect of our proposal. Following your authorization, we are ready to begin work and look forward to a successful project. Sincerely, ·�):;[''"""Douglas S. Land P.£. Branch Manager Attachments: Cost Estimate (Estimated Quantities & Fees) Acceptance Form Remarks PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 16 Page 427 Item 25. COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND ALLIANCE GEOTECHNICAL GROUP FOR THE FIRST STREET RECONSTRUCTION (ONT-COLEMAN) PROJECT (1512-ST) <«REFERENCE NEXT THREE (3) PAGES FOR DETAILS>» PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 16 EXHIBIT B Page 428 Item 25. Page 429 Item 25. Page 430 Item 25. Page 431 Item 25. Page 432 Item 25. Page 433 Item 25. Page 434 Item 25. Page 435 Item 25. Page 436 Item 25. Page 437 Item 25. Page 438 Item 25. Page 439 Item 25. Page 440 Item 25. Page 441 Item 25. Page 442 Item 25. Page 443 Item 25. Page 444 Item 25. Page 445 Item 25. Page 446 Item 25. Page 447 Item 25. Page 448 Item 25. Page 449 Item 25. Page 450 Item 25. Page 451 Item 25. Page 1 of 2 To: Mayor and Town Council From: Lindy M. Higginbotham, P.E., Senior Engineer Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Re: BNSF Railway Signal and Surface Improvements Grade Crossing Construction and Maintenance Agreement First Street Reconstruction (DNT-Coleman) Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Grade Crossing Construction and Maintenance Agreement between BNSF Railway Company, and the Town of Prosper, Texas, related to the signal and surface improvements as part of the First Street Reconstruction (DNT- Coleman) project in the amount of $1,621,509. Description of Agenda Item: The widening of First Street from the existing two-lane asphalt to a four-lane divided roadway requires that the existing railway signals and at-grade crossing be reconstructed to accommodate the new roadway and sidewalk crossings. To perform the work, BNSF Railway Company requires that the Town enter into an agreement to pay for the required labor and materials related to the crossing changes. This agreement captures the effort and costs along with the responsibilities of each party through the construction. Budget Impact: The cost for the proposed signal and surface improvements by BNSF Railway Company is $1,621,509. Funding to be provided from the $21,249,506.62 construction budget for the First Street Reconstruction (DNT-Coleman) project in Account No. ST201512-CONST-CONST. When combined with the approved construction contract with Mario Sinacola & Sons Excavating, Inc., there is $834,062.90 remaining for the Construction Material Testing contract. 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 452 Item 26. Page 2 of 2 Attached Documents: 1. Location Map 2. Grade Crossing Construction and Maintenance Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Grade Crossing Construction and Maintenance Agreement between BNSF Railway Company, and the Town of Prosper, Texas, related to the signal and surface improvements as part of the First Street Reconstruction (DNT-Coleman) project in the amount of $1,621,509. Proposed Motion: I move to authorize the Town Manager to execute a Grade Crossing Construction and Maintenance Agreement between BNSF Railway Company, and the Town of Prosper, Texas, related to the signal and surface improvements as part of the First Street Reconstruction (DNT- Coleman) project in the amount of $1,621,509. Page 453 Item 26. Contract Number: BF-20539164 GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT BNSF File No.: BF-20539164 Mile Post: 679.990 Line Segment: 1046 U.S. DOT Number: 672123R Madill Subdivision This Agreement (“Agreement”), is executed to be effective as of the date last signed (“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation (“BNSF”) and TOWN OF PROSPER, TEXAS, a political subdivision of the State of Texas (“Agency”). RECITALS WHEREAS, BNSF owns and operates a line of railroad in and through the Town of Prosper and Collin County, State of Texas; WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is undertaking a project to modify the FIRST STREET at-grade crossing, located at BNSF Line Segment 1046 and Milepost 679.990 and designated by D.O.T. No. 672123R, by reconstructing and widening the roadway approaches, constructing new center medians and sidewalks, and installing railroad crossing signals and activation equipment within the existing roadway easement across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and incorporated herein; WHEREAS, the Agency also desire BNSF to install new crossing surfaces at FIRST STREET with new concrete and rubber crossing surfaces; WHEREAS, the Agency is paying for the acquisition and installation of crossing signal equipment and the new crossing surface at FIRST STREET. WHEREAS, the BNSF agrees to purchase and install, at Agency’s sole expense, the crossing signal equipment and the new crossing surface described in the scope of work herein, and upon the terms and conditions set forth below. Page 454 Item 26. Contract Number: BF-20539164 NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I – SCOPE OF WORK 1) The term "Project" as used herein includes any and all work related to the construction of concrete curbing, concrete medians, concrete/asphalt pavement, proposed sidewalks and pavement markings on the roadway approaches by the Agency and installation of crossing signals/activation equipment/new crossing surfaces by BNSF at U.S. D.O.T No. 672123R, (hereinafter referred to as the "Crossing") by BNSF, more particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II – RAILROAD OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1) BNSF hereby grants to Agency, their successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, “Temporary Construction License”) to enter upon and use the portion of BNSF’s right-of-way as is necessary to reconstruct and widen and thereafter maintain, the Crossing as described further on Exhibit A, excepting and reserving BNSF’s rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: A. Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way; B. Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate; C. Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate. Page 455 Item 26. Contract Number: BF-20539164 The term of the Temporary Construction License begins on the Effective Date and ends on the earlier of (i) substantial completion of the Structure, or (ii) twelve (12) months following the Effective Date. The Temporary Construction License and related rights given by BNSF to Agency in this provision are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words herein contained. The Temporary Construction License is for construction of the Crossing only and shall not be used by Agency for any other purpose. Agency acknowledge and agree that Agency shall not have the right, under the Temporary Construction License, to use the Crossing for any other purpose than construction. In the event Agency is evicted by anyone owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to Agency for any damages, losses or any expenses of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this Agreement, will not impair or interfere with the rights granted to Agency herein. 2) BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit B attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit B. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF: A. Procurement of materials, equipment and supplies necessary for the railroad work; B. Preliminary engineering, design, and contract preparation; C. Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; D. Furnishing engineering and inspection as required in connection with the construction of the Project; E. Provide and place asphalt beneath the track(s) to provide further sub-grade stability prior to BNSF installing new concrete crossing surfaces; Page 456 Item 26. Contract Number: BF-20539164 F. Installation of two 80-foot and two 16-foot concrete crossing surfaces for the roadway and proposed sidewalks on the two tracks complete with new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry the improved roadway and sidewalks; G. Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on Exhibit A ; H. Make such changes in the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under the tracks, both temporary and permanent, as may become necessary by reason of the construction of the Project. 3) BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4) Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency’s contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5) BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 6) During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force-account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Pursuant to this section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% Page 457 Item 26. Contract Number: BF-20539164 per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month’s end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE III – AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1) Agency must furnish to BNSF plans and specifications for the Project. Said plans (reduced size 11” x 17”), showing the plan and profile of the roadway work on BNSF right-of-way and marked as Exhibit A, attached hereto and made a part hereof. 2) Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3) Agency must acquire all rights of way necessary for the construction of the Project. 4) Agency must make any and all arrangements, in compliance with BNSF’s Utility Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 5) Agency must construct the Project as shown on the attached Exhibit A and do all work (“Agency’s Work”) provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency’s Work. The principal elements of Agency’s Work are as follows: A. Design and Construction of FIRST STREET; B. Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, “MUTCD”); C. Installation of advance warning signs in accordance with the MUTCD; Page 458 Item 26. Contract Number: BF-20539164 D. Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way; E. Provide suitable drainage, both temporary and permanent; F. Provide all barricades, lights, flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing, during the installation of the concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment; G. Construct asphalt/concrete roadway surface on approaches to the track. Roadway surface will match elevation of the railroad track crossing surface(s) and remain level to a point at least nine (9) feet from centerline of track; H. Construct concrete shoulder curbing. Concrete curbing must terminate 10 feet minimum and 12 feet maximum from centerline of the railroad track and provide a 16-foot minimum curb-cut in the southeast corner for the proposed 12-foot wide railroad access driveway to the Railroad Crossing Control Signal House, located 25 feet from nearest rail on track, as shown on Exhibit A; I. Construct concrete sidewalk surface on approaches to the track. Sidewalk concrete pavement must terminate 6 feet minimum from centerline of the railroad track. An asphalt expansion joint, 1-foot minimum width, must be placed between the end of sidewalk pavement and the edge of railroad concrete crossing panel. Sidewalk surface will match elevation of the railroad track crossing surface(s) and remain level to a point at least 17 feet from centerline of track. Detectable Warnings must be installed on each sidewalk approach to the crossing, must extend across the full width of the sidewalk, provide a 2-foot minimum depth, and be located 12 feet minimum from the outside rail in the track. J. Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 6) The Agency will approve the location of the signals and signal bungalow prior to the installation by BNSF. 7) The Agency must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the Agency. Page 459 Item 26. Contract Number: BF-20539164 8) The Agency must give BNSF’s Manager Public Projects written notice to proceed (“Notice to Proceed”) with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed is received from Agency. 9) The Agency’s Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 10) For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF’s Internet Website “www.BNSFcontractor.com”; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s Risk Management Department, Railroad Protective Liability insurance. 11) Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 12) Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: A. The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the “Lines”) owned by various telecommunications companies may be buried on BNSF’s property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF’s Roadmaster (Peter Kobilansky, mobile # 575-309-1181 and Peter.Kobilansky@bnsf.com) and BNSF’s Signal Supervisor (Andy Bass, mobile # 817-881-3609 and Andy.Bass@bnsf.com) and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Page 460 Item 26. Contract Number: BF-20539164 Contractor must also use all reasonable methods when working in the BNSF right- of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. B. Failure to mark or identify these Lines will be sufficient cause for BNSF’s engineering representative to stop construction at no cost to the Agency or BNSF until these items are completed. C. The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. D. In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF’s property or within BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. 13) Agency must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 14) Except as otherwise provided below in this Section 14, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: Page 461 Item 26. Contract Number: BF-20539164 A. All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; B. Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; C. No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-l, and (ii) delivered to and secured BNSF's approval of the required insurance; and D. If it is in Agency’s best interest, Agency may direct that the construction of the Project be done by day labor under the direction and control of Agency, or if at any time, in the opinion of Agency, the contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, Agency may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided; however, that any contractor(s) replacing the original contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor, Agency will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1. E. To facilitate scheduling for the Project, Agency shall have its contractor give BNSF’s Roadmaster 90 days advance notice of the proposed times and dates for work windows. BNSF and Agency’s contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor’s expenses for the Project. 15) Agency must advise the appropriate BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency must notify BNSF's Manager Public Projects, in writing, of the date on which Agency and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16) TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS Page 462 Item 26. Contract Number: BF-20539164 AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF BNSF’S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE CROSSING BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. ARTICLE IV – JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party Page 463 Item 26. Contract Number: BF-20539164 obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. 2) The work hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF. 3) Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. A. BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF’s opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF’s right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work Page 464 Item 26. Contract Number: BF-20539164 on the Project, BNSF agrees to immediately notify the following individual in writing: Mario Canizares Town Manager 250 W. First Street Prosper, TX 75078 Email: MCanizares@prospertx.gov 4) Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by Agency personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF’s reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify Mario Canizares for appropriate corrective action. 5) Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available to it for the construction of the Project”, reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 6) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 7) The construction of the Project will not commence until Agency gives BNSF's Manager Public Projects thirty (30) days prior written notice of such commencement. The commencement notice will reference BNSF's file number: BF-20539164 and D.O.T. Crossing No. 672123R and must state the time that construction activities will begin. Page 465 Item 26. Contract Number: BF-20539164 8) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the Agency agree to the following terms upon completion of construction of the Project: A. Agency will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the FIRST STREET roadway and sidewalks. B. Agency will maintain the elevation of the FIRST STREET roadway and sidewalk approaches to match the elevation on the railroad track crossing surfaces. C. Agency will maintain the advanced railroad crossing warning signs and pavement markings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the Agency’s failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. D. Agency will do nothing and permit nothing to be done in the maintenance of the FIRST STREET roadway and sidewalks, which will interfere with or endanger facilities of BNSF. E. It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the parties hereto. F. BNSF will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment, Crossing Signal Control House, and the new crossing surfaces, from end-of-tie to end-of-tie, in proper condition. G. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other governmental or legislative authority increase the Agency’s portion of maintenance cost under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the Agency’s increased portion of maintenance costs will be incorporated into and made a part of this Agreement. H. If a railway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surface installed hereunder, the costs for such Page 466 Item 26. Contract Number: BF-20539164 rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. I. If the Crossing Signal Equipment and/or Crossing Signal House installed hereunder cannot, through age, be maintained, or by virtue of its obsolescence, requires replacement, the cost of installation of the new crossing signal equipment and/or new crossing signal house will be negotiated by the parties hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable Agency at the time of such replacement is warranted. 9) Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects before entering BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C- 1, as the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 10) Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Texas and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 11) The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 12) In the event construction of the Project does not commence within two (2) years of the Effective Date, this Agreement will become null and void. 13) Neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. Page 467 Item 26. Contract Number: BF-20539164 14) To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 15) This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 16) Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF: BNSF's Manager Public Projects 4200 Deen Road Fort Worth, TX 76106-3099 Agency: Town Manager 250 W. First Street Prosper, TX 75078 SIGNATURE PAGE FOLLOWS Page 468 Item 26. Contract Number: BF-20539164 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. AGENCY TOWN OF PROSPER, TEXAS By: Name & Title: Mario Canizares, Town Manager ATTEST: By: Name & Title: [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] (Agency signature page) Page 469 Item 26. Contract Number: BF-20539164 BNSF BNSF RAILWAY COMPANY By: Printed Name: Craig Rasmussen Title: AVP Engineering Services & Structures Accepted and effective: [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] (BNSF signature page) Page 470 Item 26. Page 471Item 26. Page 472Item 26. Page 473Item 26. Page 474Item 26. Page 475Item 26. Page 476Item 26. Page 477Item 26. Page 478Item 26. Page 479Item 26. Page 480Item 26. Page 481Item 26. Page 482Item 26. Page 483Item 26. Page 484Item 26. Page 485Item 26. Page 486Item 26. Page 487Item 26. Page 488Item 26. Page 489Item 26. Page 490Item 26. Page 491Item 26. Page 492Item 26. Page 493Item 26. Page 494Item 26. Page 495Item 26. Page 496Item 26. Page 497Item 26. Page 498Item 26. Page 499Item 26. Page 500Item 26. Page 501Item 26. Page 502Item 26. Page 503Item 26. Page 504Item 26. Page 505Item 26. Page 506Item 26. ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR TXDOT LOCATION NSS PROSPER TO SSS PROSPER DETAILS OF ESTIMATE PLAN ITEM :000362758 VERSION :5 PURPOSE, JUSTIFICATION AND DESCRIPTION FIRST STREET - PROSPER, TX; REPLACE BUNGALOWS / FLASHERS / GATES / PED GATES; RED RIVER DIV; MADILL SUBDIV; LS 1046; MP 679.99; DOT# 672123R; SEQ# 96042. MONTHLY POWER UTILITY COST CENTER : 61698. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. ******************************* SIGNAL WORK ONLY ******************************* THE STATE OF TEXAS IS FUNDING 100% OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** ELECTRICAL LABOR F/SIGNAL EQUIPMENT 54.0 MH 2,573 SIGNAL FIELD - REPLACE 2822.0 MH 168,739 SIGNAL SHOP LABOR - CAP 0.01 MH 1 PAYROLL ASSOCIATED COSTS 111,968 DA OVERHEADS 253,028 EQUIPMENT EXPENSES 60,849 INSURANCE EXPENSES 33,953 TOTAL LABOR COST 631,111 631,111 ************* MATERIAL ************* P1 - ARRESTER, MDSA-2 XS 1.0 EA N 829 P1 - BATTERY, VGL-255 20.0 EA N 5,875 P1 - BATTERY, VGL-350 18.0 EA N 7,176 P1 - BUNGALOW 8X8 1.0 LS N 17,282 P1 - BUNGALOW MATERIAL 1.0 LS N 21,037 P1 - BUNGALOW, WIRE AND TEST 1.0 LS N 6,811 P1 - CABLE, 19C/14 2000.0 FT N 14,340 P1 - CABLE, 2C/6 TW 1000.0 FT N 2,050 P1 - CABLE, 3C/2 250.0 FT N 1,958 P1 - CABLE, 7C/14 2000.0 FT N 6,560 P1 - CHARGERS, 12/80 (20/40/60)2.0 EA N 3,971 P1 - CONSTANT WARNING, XP4, 2TK 1.0 EA N 30,073 P1 - ELECTRICAL MATERIAL 1.0 LS N 3,000 P1 - EVENT RECORDER 1.0 EA N 5,625 P1 - FIELD MATERIAL 1.0 LS N 11,645 P1 - HAWK 48 DIM 1.0 EA N 4,176 P1 - INDUCTOR, DUMMY LOAD 2.0 EA N 1,786 P1 - RELAY, DAX 3.0 EA N 4,217 P1 - RELAY, EOR 1.0 EA N 1,406 P1 - SHUNT, NBS 4.0 EA N 4,200 P2 - BELL (PERM)1.0 EA N 283 P2 - CABLE, 5C/10 200.0 FT N 524 P2 - CABLE, 5C/6 600.0 FT N 4,056 P2 - CABLE, 7C/14 600.0 FT N 1,968 P2 - FILL DIRT 15.0 CY N 375 P2 - FOUNDATION (PERM)1.0 EA N 1,039 P2 - GATE KEEPER/SAVER (PERM)1.0 EA N 1,994 P2 - GATE MECHANISM, S-60 (PERM)1.0 EA N 6,105 P2 - GATE MECHANISM, S-60 PED (PERM)2.0 EA N 10,130 P2 - LED LIGHT (PERM)12.0 EA N 2,672 Page 507 Item 26. P2 - PED BELL (PERM)2.0 EA N 565 P2 - PED FOUNDATION (PERM)2.0 EA N 2,078 P2 - PED GATE KEEPER/SAVER (PERM)2.0 EA N 3,988 P2 - SURFACE ROCK 15.0 CY N 750 P3 - BELL (TEMP)1.0 EA N 283 P3 - CABLE, 5C/10 100.0 FT N 262 P3 - CABLE, 5C/6 200.0 FT N 1,352 P3 - CABLE, 7C/14 200.0 FT N 656 P3 - FILL DIRT 10.0 CY N 250 P3 - FOUNDATION (TEMP)1.0 EA N 1,039 P3 - GATE KEEPER/SAVER (TEMP)1.0 EA N 1,994 P3 - GATE MECHANISM, S-60 (TEMP)1.0 EA N 6,105 P3 - LED LIGHT (TEMP)4.0 EA N 891 P3 - SURFACE ROCK 10.0 CY N 500 P4 - BELL (PERM)2.0 EA N 565 P4 - CABLE, 5C/10 200.0 FT N 524 P4 - CABLE, 5C/6 400.0 FT N 2,704 P4 - CABLE, 7C/14 400.0 FT N 1,312 P4 - FILL DIRT 20.0 CY N 500 P4 - FOUNDATION (PERM)2.0 EA N 2,078 P4 - GATE KEEPER/SAVER (PERM)2.0 EA N 3,988 P4 - GATE MECHANISM, S-60 (PERM)2.0 EA N 12,210 P4 - LED LIGHT (PERM)8.0 EA N 1,782 P4 - SURFACE ROCK 20.0 CY N 1,000 P5 - BELL (PERM)1.0 EA N 283 P5 - CABLE, 5C/10 100.0 FT N 262 P5 - CABLE, 5C/6 200.0 FT N 1,352 P5 - CABLE, 7C/14 200.0 FT N 656 P5 - FILL DIRT 10.0 CY N 250 P5 - FOUNDATION (PERM)1.0 EA N 1,039 P5 - GATE KEEPER/SAVER (PERM)1.0 EA N 1,994 P5 - GATE MECHANISM, S-60 (PERM)1.0 EA N 6,105 P5 - LED LIGHT (PERM)4.0 EA N 891 P5 - SURFACE ROCK 10.0 CY N 500 USE TAX 20,966 OFFLINE TRANSPORTATION 3,045 TOTAL MATERIAL COST 267,882 267,882 ********** OTHER ********** CONTRACT ENGINEERING 1.0 LS N 25,000 MACHINE RENTAL 1.0 LS N 12,750 P1 - AC POWER SERVICE 1.0 EA N 6,250 TOTAL OTHER ITEMS COST 44,000 44,000 PROJECT SUBTOTAL 942,993 CONTINGENCIES 84,975 BILL PREPARATION FEE 10,280 GROSS PROJECT COST 1,038,248 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 1,038,248 Page 508 Item 26. Page 509Item 26. - ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR PROSPER LOCATION SSS PROSPER DETAILS OF ESTIMATE PLAN ITEM : 960400000 VERSION : 3 PURPOSE, JUSTIFICATION AND DESCRIPTION PIP RDW DIV MADILL SUB LS 1046 MP 679.99 DOT 672123R FULLY REBILLABLE TO TOWN OF PROSPER TX - PROSPER TX 672123R FIRST STREET PROPOSED ROAD WIDENING FROM 2 LANES TO 4 LANES. BNSF TO INSTALL 2 - 80FT CONCRETE CROSSINGS FOR THE ROADWAY AND 2 - 16FT CONCRETE CROSSINGS FOR THE NEW SIDEWALK. TOWN OF PROSPER TO CONSTRUCT ROADWAY AND SIDEWALK APPROACHES. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** PLACE FIELD WELDS - CAP 682.0 MH 35,554 PLACE FIELD WELDS - CAP 170.0 MH 8,863 REPLACE PUBLIC CROSSING - TOTAL REHAB 384.0 MH 18,881 REPLACE TRACK PANELS - CAP 160.0 MH 7,867 SURFACE TRACK - REPLACEMENT - CAP 62.0 MH 3,166 UNLOAD BALLAST - REPLACEMENT - CAP 10.0 MH 492 UNLOAD CROSSING MATERIAL - PUBLIC - CAP 192.0 MH 9,441 UNLOAD TRACK PANELS - REPLACEMENT 80.0 MH 3,934 PAYROLL ASSOCIATED COSTS 55,984 DA OVERHEADS 104,149 EQUIPMENT EXPENSES 87,533 INSURANCE EXPENSES 17,477 TOTAL LABOR COST 353,341 353,341 ************* MATERIAL ************* BALLAST NT, SYSTEM AVERAGE COST 800.0 NT **12,696 PANEL,TRACK;40FT;136LB;SC;10FT;PANDROL 8.0 EA **58,832 RAIL, TRANS,136N;132W; 40 FT; UNVRSL 8.0 EA 9,848 SPIKE, TBR SCREW 3/4"X13", F/ROAD XING 432.0 EA **1,292 WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 8.0 KT **656 WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 32.0 KT **2,624 CROSSING,CONCRETE PANELS;10 FT TIES TANGENT 192.0 FT **35,784 XING CONC RAMP 136LB COMPLETE SET 4.0 ST **1,396 MATERIAL HANDLING 6,152 ONLINE TRANSPORTATION 12,400 USE TAX 9,394 OFFLINE TRANSPORTATION 1,389 TOTAL MATERIAL COST 152,463 152,463 ********** OTHER ********** EQUIPMENT RENTAL 1.0 LS 25,000 TOTAL OTHER ITEMS COST 25,000 25,000 PROJECT SUBTOTAL 530,804 CONTINGENCIES 46,682 BILL PREPARATION FEE 5,775 GROSS PROJECT COST 583,261 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 583,261 Page 1 of 1 Page 510 Item 26. Contract Number: BF-__________ 1 of 25 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1) General A. The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the reconstruction and widening of the roadway approaches and new sidewalk approaches on First Street – DOT No. 672123R, located at railroad milepost 679.990 on Railway’s Red River (West) Division, Madill Subdivision, Line Segment 1046 in Prosper, Texas in Collin County. B. The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C- 1” Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C- 1”. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. C. The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. D. The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Page 511 Item 26. Contract Number: BF-__________ 2 of 25 Lindy Higginbotham, P.E. Senior Engineer 250 W. First Street Prosper, TX 75078 E-Mail: LHigginbotham@prospertx.gov E. The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. F. The Contractor must notify Town of Prosper (Lindy Higginbotham) at Office # 972-569- 1188 and E-Mail: LHigginbotham@prospertx.gov and Railway's Manager Public Projects (Tim Huya) at Office # 817-352-2902 and E-Mail: Tim.Huya@bnsf.com at least thirty (30) calendar days before commencing any work on Railway Property. Contractor’s notification to Railway must refer to Railway's file 672123R & Contract No. BF-__________ G. For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place Page 512 Item 26. Contract Number: BF-__________ 3 of 25 or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. H. Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 2) Contractor Safety Orientation A. No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway’s Representative. 3) Railway Requirements A. The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. B. The Contractor must notify the Railway's Division Engineer Heath Steblay at 218-355- 8814 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. C. The Contractor must abide by the following temporary clearances during construction:  15’-0” Horizontally from centerline of nearest track  21’-6” Vertically above top of rail  27'-0" Vertically above top of rail for electric wires carrying less than 750 volts  28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts  30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts Page 513 Item 26. Contract Number: BF-__________ 4 of 25  34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts D. Upon completion of construction, the following clearances shall be maintained:  25’ Horizontally from centerline of nearest track  23’ 6” Vertically above top of rail E. Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the Town of Prosper, Texas and must not be undertaken until approved in writing by the Railway, and until the Town of Prosper, Texas has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. F. In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. G. The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by Town of Prosper, Texas for approval before work is undertaken and this work must not be undertaken until approved by the Railway. H. At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. I. Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. J. The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Page 514 Item 26. Contract Number: BF-__________ 5 of 25 Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 4) Contractor Roadway Worker on Track Safety Program and Safety Action Plan A. Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. B. Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. i) The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.erailsafe.com, in addition to any other applicable regulatory requirements. ii) Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad’s designee. Contractor shall be subject to periodic audit to ensure compliance. iii) Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards Page 515 Item 26. Contract Number: BF-__________ 6 of 25 set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. iv) Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 5) Railway Flagger Services A. The Contractor must give Railway’s Roadmaster Taylor Ellis at Mobile # 575-309-1181 and e-mail Taylor.Ellis@bnsf.com a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. i) FOR THIS PROJECT, BNSF IS UNABLE TO PROVIDE FLAGGING SERVICES THEREFORE, RAILROAD FLAGGING SERVICES WILL BE PROVIDED BY RAILPROS (NOT A BNSF EMPLOYEE). The Contractor must contact Railpros directly at Office # 877-315-0513 or e-mail: BNSFinfo@railpros.com to enter into a reimbursement agreement for flagging services and to request and schedule a railroad flagger. The Railpros flagger(s), the Contractor, and the BNSF Roadmaster must participate in a job safety briefing PRIOR TO the start of any work on/over/under Railway’s right of way. The Railway reserves the right to utilize its employees to provide railroad flagging services when those resources become available. In this event, the Railpros flagger and the Contractor will be notified by the Railway. B. Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: i) When, upon inspection by Railway’s Representative, other conditions warrant. ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. Page 516 Item 26. Contract Number: BF-__________ 7 of 25 iii) When work in any way interferes with the safe operation of trains at timetable speeds. iv) When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. v) Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. C. Flagging services will be performed by qualified Railway flaggers. i) Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. iii) The cost of flagger services provided by the Railway will be borne by CONTRACTOR (contractor name ). The estimated cost for one (1) flagger is approximately between $1,200.00-$2,000.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. The cost of inspector coordinator services provided by the railway will be borne by Contractor. The estimated cost for inspector coordinator services is approximately $1,200 per day. The contractor shall reimburse the railroad for actual costs of inspection services. iv) The average train traffic on this route is 10 freight trains per 24-hour period at a timetable speed 40 MPH and 0 passenger trains at a timetable speed of n/a MPH. 6) Contractor General Safety Requirements A. Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by Page 517 Item 26. Contract Number: BF-__________ 8 of 25 contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. B. Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). C. Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway’s Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. D. When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. E. Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. F. Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. G. For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. H. All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment Page 518 Item 26. Contract Number: BF-__________ 9 of 25 requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) I. THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. J. Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) K. Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. L. All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 7) Excavation A. Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within Page 519 Item 26. Contract Number: BF-__________ 10 of 25 the Project work area. The Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF’s Roadmaster (Taylor Ellis) at 575-309-1181 and BNSF’s Signal Supervisor (Andy Bass) at 817-881-3609. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. B. The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. C. All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 8) Hazardous Waste, Substances and Material Reporting: A. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 9) Personal Injury Reporting A. The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an Page 520 Item 26. Contract Number: BF-__________ 11 of 25 employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the injury. Page 521 Item 26. Contract Number: BF-__________ 12 of 25 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Non-employee (N) (i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) Contractor/safety iti (F) Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I) Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non-trespasser (J) - Off railroad property If train involved, Train ID: ________________________________ Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident- Reporting.Center@BNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Page 522 Item 26. Contract Number: BF-__________ 13 of 25 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION Please complete this form and provide to the BNSF supervisor, who will input this information into the EHS Star system. For questions, call (817) 352-1267 or email Safety.IncidentReporting@BNSF.com. Accident City/State: Date: Time: County: Temperature: Weather: (if non-BNSF location) Name (Last/First/MI): Age: Gender (if available): Company: eRailsafe Badge Number: Expiration Date: BNSF Contractor Badge Number: Expiration Date: Injury: _ Body Part: (e.g., laceration) (e.g., hand) Description of accident (including how accident occurred, potential cause, etc.): Work activity in progress at time of accident: Tools, machinery, or hazardous materials involved in accident: Treatment: First Aid Only Required Medical Treatment Other Medical Treatment: Dr. Name: Date: Dr. Street Address: City: State: Zip: Hospital Name: Hospital Street Address: City: State: Zip: Diagnosis: THIS REPORT IS PART OF BNSF’S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND, AS SUCH SHALL NOT “BE ADMITTED AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER MENTIONED IN SAID REPORT….” 49 U.S.C. § 20903. See 49 C.F.R. § 225.7(b). Page 523 Item 26. Contract Number: BF-__________ 14 of 25 EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: DOT No. 672123R Agency Project: First Street – reconstruction and widening at BNSF Railway (contractor name) (hereinafter called “Contractor”), has entered into an agreement (hereinafter called “Agreement”) with Town of Prosper, Texas for the performance of certain work in connection with the following project: reconstruction and widening of the roadway approaches and new sidewalk approaches on First Street – DOT No. 672123R, located at railroad milepost 679.990 on Railway’s Red River (West) Division, Madill Subdivision, Line Segment 1046 in Prosper, Texas in Collin County. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for Town of Prosper, Texas (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY A. Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Page 524 Item 26. Contract Number: BF-__________ 15 of 25 Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. B. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. C. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. D. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY’S ACTS OF NEGLIGENCE. E. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM Page 525 Item 26. Contract Number: BF-__________ 16 of 25 A. This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability “CGL” Insurance i) The policy will provide a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the provider. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: (1) Bodily Injury and Property Damage (2) Personal Injury and Advertising Injury (3) Fire legal liability (4) Products and completed operations ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: (1) definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of RAILWAY’s property. (2) Waiver of subrogation in favor of and acceptable to RAILWAY; and (3) Additional insured endorsement in favor of and acceptable to RAILWAY and include coverage for ongoing operations and completed operations; and (4) Separation of insureds; and (5) The policy will be primary and non-contributing with respect to any insurance carried by RAILWAY. Page 526 Item 26. Contract Number: BF-__________ 17 of 25 iii) It is agreed that the workers’ compensation and employers’ liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. iv) No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance i) The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following: (1) Bodily injury and property damage (2) Any and all vehicles owned, used or hired ii) The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance: (1) Waiver of subrogation in favor of and acceptable to RAILWAY; (2) Additional insured endorsement in favor of and acceptable to RAILWAY; (3) Separation of insureds; (4) The policy shall be primary and non-contributing with respect to any insurance carried by RAILWAY. C. Workers Compensation and Employers Liability Insurance i) Workers Compensation and Employers Liability insurance including coverage for, but not limited to: (1) Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. (2) Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Page 527 Item 26. Contract Number: BF-__________ 18 of 25 ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: (1) Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance i) Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: (1) Endorsed to include the Pollution Exclusion Amendment (2) Endorsed to include the Limited Seepage and Pollution Endorsement. (3) Endorsed to remove any exclusion for punitive damages. (4) No other endorsements restricting coverage may be added. (5) The original policy must be provided to the Railway prior to performing any work or services under this Agreement. (6) Definition of “Physical Damage to Property” shall be endorsed to read: “means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured’ care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy. E. Other Requirements: i) Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. ii) Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of Page 528 Item 26. Contract Number: BF-__________ 19 of 25 subrogation against Railway for loss of its owned or leased property or property under Contractor’s care, custody or control. iii) Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. iv) Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. v) Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com vi) Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non- renewal, substitution or material alteration. vii) Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. viii)If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Page 529 Item 26. Contract Number: BF-__________ 20 of 25 ix) Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. x) Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. xi) If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. xii) Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. xiii)The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. xiv) In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. xv) These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. xvi) For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each. Page 530 Item 26. Contract Number: BF-__________ 21 of 25 4) SALES AND OTHER TAXES A. In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway’s sole cost and expense, contest in Contractor’s own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. C. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. Page 531 Item 26. Contract Number: BF-__________ 22 of 25 5) EXHIBIT “C” CONTRACTOR REQUIREMENTS A. The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit “C” attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY A. Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. B. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. D. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality Page 532 Item 26. Contract Number: BF-__________ 23 of 25 obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. E. Contractor and its subcontractors must give Railway’s Roadmaster Taylor Ellis at Mobile # 575-309-1181 and email Taylor.Ellis@bnsf.com four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor’s expenses for the project. F. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. SIGNATURE PAGE FOLLOWS Page 533 Item 26. Contract Number: BF-__________ 24 of 25 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. . (CONTRACTOR) Signature: Printed Name: Title: Date: Contact Person: E-mail: Address: City: State: Zip: Phone: Mobile #: On-Site Project Contact Person: Contact Person: E-mail: E-mail: Mobile #: Mobile #: Page 534 Item 26. Contract Number: BF-__________ 25 of 25 BNSF RAILWAY COMPANY Signature: Printed Name: Title: Manager Public Projects Accepted and Effective Date: Page 535 Item 26. LOCATION MAP First Street Reconstruction (DNT-Coleman) BNSF Railway Grade Crossing Agreement Mike Howard Lane Dallas North Tollway Town Hall First Street First Street Page 536 Item 26. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Dan Heischman, P.E., Assistant Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Amending Parks & Recreation Department and Engineering Services Department Fees Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances. Description of Agenda Item: As part of the FY 2025 – 2026 Budget Process, staff from multiple departments evaluated and recommended updates to their fees and fines in relation to our comparable cities. At the September 16, 2025, Town Council meeting, the Town Council approved the recommended updates and requested that the Parks and Recreation Department and the Engineering Services Department re-evaluate some of their fees. The Parks and Recreation Department worked with the Parks and Recreation Board, and the recommended changes from the January 8, 2026, Parks and Recreation Board meeting are attached. The Engineering Services Department used data from multiple recent development projects to more accurately estimate the recommended fees related to engineering plan review and construction inspection services. Budget Impact: The additional revenue generated from the fee increases will be effective as of the date of the passage of the ordinance, except that the sections for the “Park land dedication fees” and “Park improvements fees”, which shall become effective after the February 24, 2026, to coincide with the adoption of the Unified Development Code. The fees for those two items are currently a part of the Subdivision Ordinance that is being updated as part of the Unified Development Code next month. This ordinance relocates them into Appendix A, “Fee Schedule.” PARKS AND RECREATION ____________________ ENGINEERING SERVICES Page 537 Item 27. Page 2 of 2 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. Ordinance 2. Parks and Recreation Department Fee Worksheet 3. Engineering Fee Schedule – Redline Town Staff Recommendation: Town staff recommends that the Town Council approve an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances. Proposed Motion: I move to approve an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances. Page 538 Item 27. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES BY REPEALING THE FOLLOWING EXISTING SECTIONS: SECTION I, “ENGINEERING SERVICES FEES,” AND SECTION XIII, “PARKS AND RECREATION USER FEES,” AND REPLACING THEM WITH A NEW SECTION I, “ENGINEERING SERVICES FEES,” AND A NEW SECTION XIII, “PARKS AND RECREATION USER FEES”; REPEALING EXISTING SUBSECTIONS (F), “PARK FEES,” AND (G), “WATER OR WASTEWATER REINSPECTION FEES,” OF SECTION 2, “OTHER FEES,” OF SECTION V, “DEVELOPMENT FEES,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES, AND REPLACING THEM WITH NEW SUBSECTIONS (F), “PARKLAND DEDICATION FEES,” AND (G), “PARK IMPROVEMENT FEES; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that, as a result of recent legislation as well as cost increases associated with services, including engineering plan review, engineering inspections, and park utilization performed by the Town of Prosper, various fee amendments are necessary to Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances; and WHEREAS, the Town Council has reviewed the current and proposed fees and recommends the adoption of the revised fee schedule, as contained in Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Section I, “Engineering Services Fees”; Section V, “Development Fees,” and Section XIII, “Parks and Recreation User Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances are hereby repealed in their entirety and replaced with the following new Sections: Section I, “Engineering Inspection Fees”; Section V, “Development Fees,” and Section XIII, “Parks and Recreation User Fees,” to read as follows: “§ I. Engineering Services Fees. (a) Inspections: (1) The following engineering inspection fees are hereby adopted for Page 539 Item 27. Ordinance No. 2026-__, Page 1 all public infrastructure and related development: Type Fee Single-Family Residential Development $2,500 base fee plus $1,000 per platted lot Non-Residential Development $2,500 base fee plus $2,000 per final platted acreage Non-Residential Infrastructure* = or as identified on preliminary site plan $2,500 base fee plus $2,000 per conveyance* platted acreage Multi-Family Development $2,500 base fee plus $2,700 per final platted acreage Linear Utility for offsite utilities outside of platted boundary** = no base fee if done with platted development $2,500 base fee** plus Wastewater — $5.00 per linear foot Water — $5.00 per linear foot Storm Sewer — $5.00 per linear foot Development Road Separate from platted development** = no base fee if done with platted development $2,500 base fee** plus $5.00 per square yard of concrete surface Turn Lanes and Median Openings** = no base fee if done with platted development $2,500 base fee** plus $5.00 per square yard of concrete surface Creek Stabilization** = no base fee if done with platted development $2,500 base fee** plus $1.00 per square yard of disturbed area Saturday and After Hours Inspections $500.00 per day (b) Plan Review: (1) Residential Development: $2,000.00 + $350.00 per lot (2) Non-residential Development: $2,000.00 + $850.00 per acre (3) Multi-Family-residential Development: $2,000.00 + $75.00 per unit (4) After 3rd Submittal (4th or more) Plan Review Fee: $1,000.00 each resubmittal (c) Land Disturbance (without development): (1) Tracts one acre or less: $100.00 (2) Tracts greater than one acre: $100.00 + $25.00 per acre (3) Floodplain reclamation only: $500.00 + $25.00 per acre (d) Land Disturbance (with development): $200.00 (e) Floodplain Study Review: $3,500.00 deposit (includes two reviews and one meeting) + $250.00 non-refundable administrative fee. After third party billing, any remaining deposit not expended will be refunded. Page 540 Item 27. Ordinance No. 2026-__, Page 1 (f) Stormwater (1) Re-inspection: $100.00 per re-inspection (2) Notice of Violation: $150.00 (3) Lot Hold: $150.00 (4) Stop Work Order: $150.00 * * * § XIII. Parks and Recreation User Fees. (a) Field user fees. (1) Prosper Youth Sports Commission leagues (co-sponsored leagues): (A) All participants who reside within town boundaries: $10.00 per player per season. (B) All participants who reside outside of the town boundary but reside within the Prosper Independent School District boundary: $30.00 per player per season. (C) All participants who reside outside of the town boundary and who reside outside of the Prosper Independent School District Boundary: $50.00 per player per season. (D) Fees shall be paid in full prior to the use of any town athletic field. (E) The number of scheduled practices and games will be assigned based on the facility use agreement with the town. (F) Each participant shall be assessed the full fee amount based on residency. (2) Non-co-sponsored resident teams comprised of eighty percent (80%) or more participants who reside in the town boundary: (A) Nonsynthetic turf field use: $40.00 per hour. (B) Synthetic turf field use: $75.00 per hour. (C) Additional $20.00 per hour for use of the field lights. (3) Non-co-sponsored resident teams comprised of less than 80% participants who reside in the town boundary: (A) Nonsynthetic turf field use: $150.00 per hour. (B) Synthetic turf field use: $200.00 per hour. (C) Additional $20.00 per hour for use of the field lights. Page 541 Item 27. Ordinance No. 2026-__, Page 1 (4) Co-sponsored teams comprised of 80% or more participants who reside in the town boundary: (A) Nonsynthetic turf field use: $40.00 per hour. (B) Synthetic turf field use: $75.00 per hour. (C) Additional $20.00 per hour for use of the field lights. (b) Pavilion rental fees. Number of Participants Resident Rate Nonresident Rate Refundable Deposit 1-50 $50.00 $500.00 $100.00 51-100 $75.00 $500.00 $100.00 100+ $100.00 $500.00 $100.00 This fee structure is based on a four-hour time slot. Rental fee must be paid in full at the time the reservation is made. 14-day cancellation is required. Acceptable forms of payment are check, Visa, and MasterCard. The splash pad is open annually from Memorial Day to Labor Day. (c) Tournaments, camps, and clinic fees. During in-season play, defined as recreational play by the youth sports commission leagues, only co-sponsored organization tournaments will be allowed to utilize the synthetic turf fields. During in- season play, only co-sponsored camps and clinics will be permitted to utilize the synthetic turf fields but must contain at least 80 percent of town residents. During out-of-season play, defined as seasons wherein recreational play by the youth sports commission has concluded or is not currently being scheduled, co-sponsored and non-co-sponsored organizations, camps, clinics and tournaments will be permitted to utilize the synthetic turf fields, regardless of residency status. The number of camps, clinics and tournaments held throughout the off-season shall be determined by the Director of the Parks and Recreation Department. In the event that the tournament director would like to include food vendors at scheduled events, all town health requirements must be met no later than 30 days before the scheduled event. Please email health@prospertx.gov with any questions. (1) Co-sponsored organization fees. (A) Tournament fees: (i) $60.00/per team (up to a two-day tournament). (ii) $40.00/per team/additional day. Page 542 Item 27. Ordinance No. 2026-__, Page 1 (iii) Deposit per field: $100.00. (iv) Minimum fee for tournaments: $1,250.00. (v) 10% of the tournament gate fee. (B) Camps and clinics fees: (i) $5.00/per participant per day. (ii) Deposit per field: $100.00. (iii) Minimum fee for camps and clinics: $250.00. (2) Resident, non-co-sponsored organization fees. (A) Tournament fees: (i) $25.00/per team (up to a two-day tournament). (ii) $15.00/per team/additional day. (iii) Deposit per field: $100.00. (iv) Minimum fee for tournaments: $750.00. (B) Camps and clinics fees: (i) $5.00/per participant per day. (ii) Deposit per field: $100.00. (iii) Minimum fee for camps and clinics: $300.00. (3) Nonresident, non-co-sponsored organization fees. (A) Tournament fees: (i) $75.00/per team (up a two-day tournament). (ii) $60.00/per team/additional day. (iii) Deposit per field: $200.00. (iv) Minimum fee for tournaments: $1,500.00. (B) Camps and clinics fees: (i) $10.00/per participant per day. (ii) Deposit per field: $100.00. (iii) Minimum fee for camps and clinics: $450.00. (4) General fees. (A) Lights are charged at $20.00/hour/field. (B) On-site staff: $25.00/hour/staff member, if deemed Page 543 Item 27. Ordinance No. 2026-__, Page 1 necessary by the Parks and Recreation Department. (C) Field preparation: $45.00/field/per preparation. (D) Any additional field preparation is a $20.00 relining and dragging home plate fee. All requests must be made prior to the tournament beginning. (E) Water service is $45.00 per container per day, and this includes cups and ice. (F) Temporary mound adjustments are a $400.00 flat rate per occurrence. Renting organization must provide a minimum of four staff members to assist with mound adjustments. (G) Full deposit payment must be received no later than two business days after the tournament has concluded. (H) Deposit must be received at time of reservation to guarantee the reservation. First deposit received will have priority over facility reservation. (I) Refunds for field rental fees are only refundable due to inclement weather and or cancellation of the rental 30 days prior to the rental date.” SECTION 3 From and after the effective date of this Ordinance, existing Subsections (F), “Park fees,” and (G), “Water or wastewater reinspection fees,” of Section 2, “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances are hereby repealed and replaced with new Subsections (F) and (G), to read as follows: “(F) Parkland dedication fees: 1 acre of land/30 units or 5% of total acreage, whichever is greater. (G) Park improvement fees: $2,250.00/single family unit; $3,500.00/multifamily unit.” SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, Page 544 Item 27. Ordinance No. 2026-__, Page 1 irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 6 The Engineering Services Fees referenced herein shall apply to and be effective any current project that has not submitted a final plat to the Town as of the effective date of this Ordinance. SECTION 7 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas; however, (i) new Subsections (F), “Park land dedication fees,” and (G), “Park improvement fees,” of Section 2, “Other Fees,” of Section V, “Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, shall take effect and be in full force from and after February 24, 2026; and (ii) such Park land dedication and Park improvement fees shall not apply to any project for which a preliminary plat (single family) or preliminary site plan (multi-family) has been submitted to the Town prior to the effective date of February 24, 2026. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF FEBRUARY, 2026. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 545 Item 27. Park & Recreation Fees Study - 2026 Recreation Pavilion Resident:Resident:Resident:Resident: $35 / 4 hours (1-50 people)$35 / 4 hours (1-50 people)$50 / 4 hours (1-50 people)$50 / 4 hours (1-50 people) $50 / 4 hours (51-100 people)$50 / 4 hours (51-100 people)$75 / 4 hours (51-100 people)$75 / 4 hours (51-100 people) $75 / 4 hours (100-200 people)$75 / 4 hours (100-200 people)$100 / 4 hours (100-200 people)$125 / 4 hours (100-200 people) Non Resident:Non Resident:Non Resident:Non Resident: $500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people) Synthetic Turf Fields Resident:Resident:Resident:Resident: $70 / hr $70 / hr $70 / hr $75 / hr Non Resident:Non Resident:Non Resident:Non Resident: $70 / hr $125 / hr $150 / hr $200 / hr Grass Fields Resident:Resident:Resident:Resident: $35 / hr $35 / hr $35 / hr $40 / hr Non Resident:Non Resident:Non Resident:Non Resident: $45 / hr $70 / hr $100 / hr $150 / hr Tournaments $50 / team up to two days $50 / team up to two days $60 / team up to two days $75 / team up to two days $30 / team for each added day $30 / team for each added day $40 / team for each added day $60 / team for each added day $100 deposit per field $100 deposit per field $100 deposit per field $200 deposit per field $1000 minimum fee $1000 minimum fee $1250 minimum fee $1500 minimum fee 10% of the tournament gate fee 10% of the tournament gate fee No gate fee Park Planning Parkland Dedication* Park Improvement 1 ac. Land / 35 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage Previous Town Council Adopt Sept 2025 Staff Recommendation Jan 2026 PARB Recommendation Jan 2026 $100 refundable security deposit for all options * The Town has the option to take the land or a cash equivalent of the land value. Staff review the Parks, Recreation and Open Space Master Plan when determining need for land. $1500 / single family unit $2000 / single family unit $2250 / single family unit $2250 / single family unit $2000 / multi family unit $3000 / multi family unit $3500 / multi family unit $3500 / multi family unit Page 546 Item 27. TOWN OF PROSPER ENGINEERING DEPARTMENT CIVIL ENGINEERING FEE SCHEDULE Updated Oct. 2025 Construction Inspection Fees The fee for review/inspection of construction of municipal infrastructure items, such as roadway improvements, drainage systems, water distribution systems and wastewater collection systems shall be calculated as follows: Single Family Residential Development $2,000 base fee plus $1,000 per platted lot Non-Residential Development $2,000 base fee plus $2,000 per final platted acreage Non-Residential Infrastructure $2,000 base fee plus $2,000 per conveyance* platted acreage * = or as identified on preliminary site plan Multi-Family Development $2,000 base fee plus $2,500 per final platted acreage Linear Utility Infrastructure $2,000 base fee** plus For offsite utilities outside of platted boundary Wastewater $5.00 per linear foot **=no base fee if done with platted development Water $5.00 per linear foot Storm Sewer $5.00 per linear foot Development Road $2,000 base fee** plus $5.00 per square yard of concrete surface Separate from platted development **=no base fee if done with platted development Turn Lanes and Median Openings $2,000 base fee** plus $5.00 per square yard of concrete surface **=no base fee if done with platted development Creek Stabilization **=no base fee if done with platted development $2,000 base fee** plus $0.50 per square yard of disturbed area Saturday Work and After-Hours Inspections $500 per day Engineering Plan Review Fee The fee for review of construction/civil plans for development and/or site improvements which include municipal infrastructure items, such as roadway improvements, drainage systems, water distribution systems and wastewater collection systems shall be calculated as follows: Residential Development $1,500 + $50/lot Non-Residential Development $1,500 + $300/acre* Multi-Family Development $1,500 + $50/unit After 3rd Submittal (4th or more) $1,000 each submittal *Please note: acreage will be calculated to the nearest whole number Land Disturbance Permit Fee Land Disturbance with Development $200 Tracts one (1) acre or less $100 Tracts greater than one (1) acre $100 + $25 per acre Floodplain Study Review Fee Floodplain reclamation only $500 + 25 per acre Floodplain study review $3,500 + $250 administrative fee *Floodplain study review fee: $3,500.00 deposit includes two (2) reviews and one (1) meeting. The $250 is a nonrefundable administrative fee. After third party billing, any excess fees will be refunded. Page 547 Item 27. Page 1 of 2 To: Mayor and Town Council From: Robert Gey, P.E., Senior Traffic Engineer Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Discussion on Roundabouts Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Discussion regarding the Town’s Roundabout Policy. Description of Agenda Item: Staff will present information about roundabouts and signalized intersections so that policy guidance can be developed on preferred intersection types for transportation corridors throughout the Town of Prosper. Since several roadway projects are currently under design, and future projects are planned, policy guidance is needed by staff to ensure that the vision that Town Council has for the transportation system is achieved. Over the last few years, Roundabouts have increased in popularity both locally and nationwide because of the benefits they provide in moving traffic through intersections. Those benefits include enabling traffic to flow smoothly through the intersections with fewer delays while at the same time reducing the severity of crashes. Even though there are many benefits to Roundabouts, there are cases where a traditional traffic signal may be the preferred traffic control device. Since the characteristics of conventional signalized intersections and roundabouts are quite different, they create very different driver experiences. Considering the number of transportation projects under design, staff would like input from Town Council regarding the approaches that are best suited to meet their vision for moving our community forward. Last year, Kimley Horn was hired to educate Town staff on the pros and cons of Roundabouts versus traditional traffic signals and to assist the Town with setting parameters for selecting intersections for further analysis. The educational information provided by Kimley Horn is as follows and will be discussed in further detail during the discussion: o General information about roundabouts and traffic signals o Pros and cons of roundabouts and traffic signals o Cost comparison: single lane and two-lane roundabouts vs. signalized intersections ENGINEERING SERVICES Page 548 Item 28. Page 2 of 2 • Conversion costs: signalized intersections to roundabouts and vice versa • Long-term maintenance costs of roundabouts vs. signalized intersections o Typical capacities: single and two-lane roundabouts vs. signalized intersections o Bicycles and pedestrian accommodations o Emergency vehicle response Staff will present information to assist Town Council with making policy decisions regarding the consideration of roundabouts: Current and proposed intersection control types within and adjacent to the Town of Prosper. o Existing signalized intersections and roundabouts o Future Town controlled roundabouts o Future roundabouts proposed by other agencies Opportunities to determine future intersection control types. o Intersections that are not Town controlled and not recommended to be roundabouts o Town controlled intersections that are not recommended to be studied to be roundabouts o Intersections where determination of control type needs to be made Considerations for development of policy guidance. o Determine the corridor’s primary purpose • Move through traffic and provide connectivity to other communities • Serve local transportation needs • Support special transportation needs o Would roundabouts best support residential and business uses? o Should a transportation corridor be slowed or “calmed”? o Projects currently under design and future projects Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. Study Intersections Map Town Staff Recommendation: Discussion of any additional information and input needed by Council to make a policy recommendation to staff. Determine next steps for staff to be able to provide Council a draft policy regarding roundabouts to review and approve. Page 549 Item 28. Page 550Item 28. 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: Discussion Regarding the Unified Development Code Town Council Meeting – February 10, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Discussion regarding the Unified Development Code. (DH) Description of Agenda Item: A final draft of the Unified Development Code (UDC) is available for review, and Staff requests feedback and to discuss the approval process for its adoption. The following is a link to the latest draft of the UDC: Zoning & Development Information | Prosper, TX After council discussion the UDC will be finalized for consideration on February 24, 2026. The Planning and Zoning Commission will consider a final recommendation on February 17, 2026. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Unified Development Code and provided comments to the consultant. Town Staff Recommendation: Town Staff recommends the Town Council provide feedback regarding the UDC and process for its adoption. Proposed Motion: N/A PLANNING Page 551 Item 29.