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05.19.26 Town Council Regular Meeting Agenda PacketPage 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. America 250. (DFB) 2. Hometown Heroes. (RB) 3. Recognize Kaylee Brooks for achieving Eagle Scout Rank. (DB) 4. Recognize Walnut Grove High School Boys' Soccer Team on their State Title. (MLS) 5. Recognize Walnut Grove High School Boys' Golf Team on their State Title. (MLS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, May 19, 2026 5:30 PM Page 1 Page 2 of 4 6. Recognize Walnut Grove High School Boys' 400 Free Relay Swim Team on their State Title. (MLS) 7. Recognize the Prosper Lacrosse High School League Team on their State Title. (MLS) 8. Recognize the 2026 Mayor's Youth Advisory Council. (MP) 9. Recognize the 2026 Town of Prosper Citizens Academy. (MP) 10. Proclamation recognizing May 17-23, 2026, as Public Works Week. (MLS) 11. Recognize Dan Baker for his retirement from the Town of Prosper. (CE) 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. 12. Consider acceptance of the April monthly financial report for fiscal year 2026. (CL) 13. Consider and act upon authorizing the purchase of three (3) multipurpose speed trailers for the Prosper Police Department from All Traffic Solutions utilizing Sourcewell Contract 090122-ATS for $61,024.22. (KM) 14. Consider and act upon authorizing the Town Manager, and/or his designee, to execute a contract with Motorola Solutions for a cloud-based storage solution for Motorola- related public safety media files for an amount not to exceed $189,043. (KM) 15. Consider and act upon approving the purchase of tasers and associated supplies for the Prosper Police Department from Axon Enterprise, Inc., utilizing BuyBoard Contract #743-24 for $286,808.28. (KM) 16. Consider and act upon a Resolution authorizing the Town Manager, and/or his/her designee, to apply for the Safe Streets and Roads for All (SS4A) Grant Program. (HW) 17. Consider and act upon the purchase of bunker gear and protective clothing from North American Fire Equip. inc. DBA NAFECO, through BuyBoard Contract 798-26, in the amount of $67,165.60. (SB) 18. Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Toll Southwest LLC, for Legacy Gardens – Phases 3 and 4. (DB) 19. [TABLE] Consider and act upon a request to table a rezoning of 61.7± acres from Agricultural and Planned Development-71 to a Planned Development allowing for Mixed-Use Development, located on the south side of First Street and 1,550± feet east of Legacy Drive to the Town Council meeting on June 9, 2026. (ZONE-24-0025) (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) Page 2 Page 3 of 4 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 for a Specific Use Permit for a Full-Service/Extended-Stay Hotel on MSW Prosper 380 Addition, Block A, Lot 1, on 5.9± acres, located on the east side of Mahard Parkway and 480± feet south of Prairie Drive. (ZONE-25-0008) (DH) 22. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-12-B to McMahon Contracting LP, related to the Legacy Drive (Prosper Trail – Parvin Road) project, for $5,875,569.95 and authorize $200,000 for construction phase contingencies. The total purchase order amount is $6,075,569.95. (JC) 23. 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 Legacy Drive (Prosper Trail – Parvin Road) project in the amount of $222,722. (JC) 24. Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Jen Texas 40 for the Mirabella development. (DB) 25. 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. Page 3 Page 4 of 4 Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. 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, May 13, 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 4 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: April Monthly Financial Report for Fiscal Year 2026 Town Council Meeting – May 19, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the April 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 – April 30, 2026 Town Staff Recommendation: Town staff recommend the Town Council vote to accept submission of the monthly financial report for the period of April for fiscal year 2026 in compliance with Town Charter requirements. Proposed Motion: I move to accept the April Monthly Financial Report for Fiscal Year 2026 in compliance with charter requirements. FINANCE Page 5 Item 12. MONTHLY FINANCIAL REPORT as of April 30, 2026 Cash/Budgetary Basis Prepared by Finance Department May 19, 2026 Page 6 Item 12. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 2026 Table of Contents Management Discussion & Highlights 3 General Fund 4 General Fund Charts 5-7 Debt Service Fund 8 East Thoroughfare Impact Fees Fund 9 West Thoroughfare Impact Fees Fund 10 Water Impact Fees Fund 11 Wastewater Impact Fees Fund 12 Impact Fee Chart 13 TIRZ #1 - Blue Star 14 TIRZ #2 15 Crime Control and Prevention Special Purpose District 16 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17 Park Dedication and Improvement Fund 18 Special Revenue Fund 19 Hotel Occupancy Tax Fund 20 Water-Sewer Fund 21-22 Water-Sewer Fund Charts 23-25 Storm Drainage Utility Fund 26 Solid Waste Fund 27 Vehicle and Equipment Replacement Fund 28 Health Insurance Fund 29 Capital Projects Fund-General 30-34 Capital Projects Fund-Water/Sewer 35 Page 7 Item 12. TOWN OF PROSPER, TEXAS Management Discussion & Highlights April 2026 Overview Monthly financial reports are presented on a cash basis to allow for timely reporting. Expenditures in the operating funds exceeding the 58% year-to-date benchmark are primarily attributable to encumbrance accounting and the issuance of purchase orders at the beginning of the fiscal year. Highlights General Fund - The ending fund balance exceeds the 21% target, largely due to most of the property tax collections occuring in January. YTD actual expenditures are within expected percentages except where noted. Water-Sewer Fund - Through April total water consumption is slighlty above the prior year. Roughly 56% of revenue is collected in the last five months of the fiscal year. Drainage Fund - Collections through April are below expected percentages because the new fee structure was not effective until the November billing. Revenue collections for the current year are outpacing the prior year collections. Health Fund - YTD revenue amounts are under expected percentages. This is largely due to vacancies, the new plan year starting in January 2026, and the newly budgeted positions not coming online until February 2026. Claims expenses continue to track on pace with the prior year claims. This is being closely monitored for any needed adjustments to keep the Health Fund whole. Page 3 Page 8 Item 12. 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$ 26,563,170$ -$ (286,082)$ 101%1 22,495,748$ 18% Sales Taxes 13,199,055 - 13,199,055 7,176,934 - 6,022,121 54%6,702,442 7% Franchise Fees 4,685,174 - 4,685,174 2,478,825 - 2,206,349 53%2 1,810,814 37% Building Permits 5,193,641 - 5,193,641 2,430,517 - 2,763,124 47%1,802,027 35% Other Licenses, Fees & Permits 2,640,606 - 2,640,606 963,872 - 1,676,734 37%1,143,579 -16% Charges for Services 1,577,152 - 1,577,152 1,050,868 - 526,284 67%998,519 5% Fines & Warrants 581,144 - 581,144 311,408 - 269,736 54%314,917 -1% Intergovernmental Revenue (Grants)1,796,663 - 1,796,663 175,982 - 1,620,681 10%20,157 773% Interest Income 750,000 - 750,000 374,048 - 375,952 50%414,594 -10% Miscellaneous 332,071 - 332,071 367,161 - (35,090) 111%139,956 162% Park Fees 818,041 - 818,041 384,567 - 433,474 47%372,461 3% Transfers In 10,389,929 - 10,389,929 6,487,511 - 3,902,418 62%4 862,573 652% Total Revenues 68,240,564$ -$ 68,240,564$ 48,764,863$ -$ 19,475,701$ 71%37,077,784$ 32% EXPENDITURES Administration 12,177,072$ -$ 12,177,072$ 6,158,805$ 626,502$ 5,391,764$ 56%5 6,064,740$ 2% Police 17,724,406 (1,322,754) 16,401,652 8,251,730 575,602 7,574,320 54%3 7,069,604 17% Fire/EMS 15,945,810 - 15,945,810 8,652,457 340,924 6,952,429 56%3 6,395,309 35% Public Works 5,512,375 - 5,512,375 2,402,127 687,153 2,423,094 56%5, 6 2,109,924 14% Community Services 9,346,688 - 9,346,688 4,210,617 1,022,027 4,114,043 56%5 4,027,641 5% Development Services 4,083,700 - 4,083,700 2,081,631 185,888 1,816,181 56%2,155,885 -3% Engineering 2,708,971 - 2,708,971 1,363,136 832 1,345,003 50%1,288,163 6% Transfers Out 710,000 - 710,000 414,167 - 295,833 58%- 0% Total Expenses 68,209,022$ (1,322,754)$ 66,886,268$ 33,534,670$ 3,438,929$ 29,912,668$ 55%29,111,266$ 15% REVENUE OVER (UNDER) EXPENDITURES 31,542$ 1,322,754$ 1,354,296$ 15,230,192$ 7,966,518$ Beginning Fund Balance October 1 10,828,123 10,828,123 13,226,939 Ending Fund Balance*12,182,419$ 26,058,315$ 21,193,457$ Notes 1 Property taxes are billed in October and a majority of collections occur December through February. TIRZ Transfers anticpated in May, percentage may decrease. 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 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 6 Higher amount vs prior year due to adding market adjustments and two additional staff. *Fund Balance Contingency per Charter and Reserve for FY26 = $11,821,706 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% GENERAL FUND Page 4 Page 9 Item 12. $26,563,170 $7,176,934 $2,478,825 $2,430,517 $22,495,748 $6,702,442 $1,810,814 $1,802,027 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current Year to Prior Year Actual Current Year Prior Year Page 5 Page 10 Item 12. 101% 54%53% 47% 37% 67% 50% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Interest Income 0% 20% 40% 60% 80% 100% GENERAL FUND REVENUE Year to Date Percentage of Budget Page 6 Page 11 Item 12. 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Sales Tax Revenue by Month FY 21/22 FY22/23 FY23/24 FY24/25 FY25/26 Page 7 Page 12 Item 12. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ (40,219)$ -$ 115,219$ -54%4 (21,287)$ 89% Property Taxes-Current 20,684,204 - 20,684,204 21,036,481 - (352,277) 102%1 17,807,298 18% Taxes-Penalties 40,000 - 40,000 44,671 - (4,671) 112%38,429 16% Interest Income 145,000 - 145,000 104,754 - 40,246 72%145,042 -28% Transfer In - - - - - - 0%- 0% Total Revenues 20,944,204$ -$ 20,944,204$ 21,145,688$ -$ (201,484)$ 101%17,969,482$ 18% EXPENDITURES Professional Services -$ -$ -$ 2,500$ -$ (2,500)$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 750 - 19,250 4%465 61% 2014 GO Bond Payment - - - 550,000 - (550,000) 0%3 - 0% 2015 GO Bond Payment 1,444,300 - 1,444,300 1,444,300 - - 100%1,436,700 1% 2015 CO Bond Payment - - - - - - 0%495,000 -100% 2016 GO Debt Payment 250,000 - 250,000 250,000 - - 100%- 0% 2016 CO Debt Payment 470,000 - 470,000 470,000 - - 100%105,000 348% 2017 CO Debt Payment 490,000 - 490,000 490,000 - - 100%480,000 2% 2018 GO Debt Payment 170,000 - 170,000 170,000 - - 100%160,000 6% 2018 CO Debt Payment 560,000 - 560,000 560,000 - - 100%2 520,000 8% 2019 CO Debt Payment 564,212 - 564,212 564,212 - - 100%549,266 3% 2019 GO Debt Payment 175,000 - 175,000 175,000 - - 100%170,000 3% 2020 CO Debt Payment 445,000 - 445,000 445,000 - - 100%430,000 3% 2021 CO Debt Payment 270,000 - 270,000 270,000 - - 100%265,000 2% 2021 GO Debt Payment 1,205,000 - 1,205,000 1,205,000 - - 100%1,355,000 -11% 2022 GO Debt Payment 1,070,000 - 1,070,000 1,070,000 - - 100%1,020,000 5% 2023 GO Debt Payment 1,340,000 - 1,340,000 1,340,000 - - 100%1,055,000 27% 2024 GO Debt Payment 1,035,000 - 1,035,000 1,035,000 - - 100%2,100,000 -51% 2025 GO Debt Payment 3,150,000 - 3,150,000 3,150,000 - - 100%- 0% Bond Interest Expense 8,506,816 - 8,506,816 4,346,633 - 4,160,183 51%4,078,331 7% Total Expenditures 21,165,328$ -$ 21,165,328$ 17,538,394$ -$ 3,626,933$ 83%14,219,761$ 23% REVENUE OVER (UNDER) EXPENDITURES (221,124)$ -$ (221,124)$ 3,607,294$ 3,749,721$ Beginning Fund Balance October 1 1,335,683 1,335,683 1,245,232 Ending Fund Balance Current Month 1,114,559$ 4,942,977$ 4,994,953$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. 3 Redemption of the remaining $550,000 completed in November 2025. 4 Recalculation refunds greater than delinquent payments. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% DEBT SERVICE FUND Page 8 Page 13 Item 12. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 1,034,878$ East Thoroughfare Other Revenue - - - - Interest Income 100,000 - 100,000 44,705 Total Revenues 1,300,000$ -$ 1,300,000$ 1,079,583$ EXPENDITURES Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$ Developer Refund (from PY)*- - - - 251,734 - - - - Total Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ 251,734$ -$ 250,000$ -$ 250,000$ Transfer to Capital Project Fund 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$ -$ -$ -$ -$ Total Expenditures 2,650,000$ 2,650,000$ -$ 2,650,000$ 2,651,734$ -$ 250,000$ -$ 250,000$ REVENUE OVER (UNDER) EXPENDITURES (1,350,000)$ (1,572,151)$ Beginning Fund Balance October 1 2,212,875 2,212,875 Ending Fund Balance Current Month 862,875$ 640,724$ Notes *This will be corrected at midyear. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 EAST THOROUGHFARE IMPACT FEES FUND Page 9 Page 14 Item 12. 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$ 1,741,020$ West Thoroughfare Other Revenue - - - - Interest Income 200,000 - 200,000 130,177 Total Revenues 4,700,000$ -$ 4,700,000$ 1,871,196$ EXPENDITURES Developer Reimbursements Pk Place, Prosper Hills, Prosper Meadow 4,014,469$ 900,000$ -$ 900,000$ 223,961$ -$ 676,039$ 125,492$ 3,665,016$ Parks @ Legacy 6,729,293 - - - 407,173 - (407,173) 6,322,119 - 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 - 600,000 270,635 - 329,365 1,343,841 539,872 Total Developer Reimbursements 23,178,034$ 1,500,000$ -$ 1,500,000$ 901,770$ -$ 598,230$ 15,175,814$ 7,100,450$ Transfer to Capital Project Fund 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$ -$ -$ -$ -$ Total Expenditures 26,828,034$ 4,500,000$ -$ 4,500,000$ 3,901,770$ -$ 598,230$ 15,175,814$ 7,750,450$ REVENUE OVER (UNDER) EXPENDITURES 200,000$ (2,030,573)$ Beginning Fund Balance October 1 6,079,635 6,079,635 Ending Fund Balance Current Month 6,279,635$ 4,049,062$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 WEST THOROUGHFARE IMPACT FEES FUND Page 10 Page 15 Item 12. 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$ 1,262,878$ Interest Income 200,000 - 200,000 157,718 Total Revenues 3,450,000$ -$ 3,450,000$ 1,420,596$ 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 3,821 - 64,210 168,869 36,702 Pk Place, Prosper Hills, Prosper Meadow 1,406,859 1,022,502 - 1,022,502 197,158 - 825,344 - 1,209,701 Total Developer Reimbursements 5,160,526$ 1,790,533$ -$ 1,790,533$ 200,979$ -$ 1,589,554$ 3,423,854$ 1,535,693$ 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$ 4,500,979$ -$ 1,589,554$ 3,423,854$ 1,535,693$ REVENUE OVER (UNDER) EXPENDITURES (2,640,533)$ (3,080,383)$ Beginning Fund Balance October 1 7,728,595 7,728,595 Ending Fund Balance Current Month 5,088,062$ 4,648,212$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 WATER IMPACT FEES FUND Page 11 Page 16 Item 12. 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$ 620,361$ Interest Income 100,000 - 100,000 48,093 Upper Trinity Equity Fee 300,000 - 300,000 81,500 Total Revenues 2,400,000$ -$ 2,400,000$ 749,954$ 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$ -$ -$ -$ -$ Total Transfers Out 2,568,378$ 2,568,378$ -$ 2,568,378$ 2,568,378$ -$ -$ -$ -$ Total Expenditures 3,916,682$ 3,127,104$ -$ 3,127,104$ 2,568,378$ -$ 558,726$ 468,998$ 879,306$ REVENUE OVER (UNDER) EXPENDITURES (727,104)$ (1,818,424)$ Beginning Fund Balance October 1 2,463,452 2,463,452 Ending Fund Balance Current Month 1,736,348$ 645,028$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 WASTEWATER IMPACT FEES FUND Page 12 Page 17 Item 12. EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER ANNUAL BUDGET $1,200,000 4,500,000 $3,250,000 $2,000,000 YTD ACTUAL $1,034,878 $1,741,020 $1,262,878 $620,361 % OF BUDGET 86%39%39%31% 86% 39% 39% 31% $- $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 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 13 Page 18 Item 12. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 50,000$ -$ 50,000$ 208,621$ (158,621)$ 417%207,168$ 1% Wastewater Impact Fees 700,000 - 700,000 316,628 383,372 45%301,062 5% East Thoroughfare Impact Fees 50,000 - 50,000 217,464 (167,464) 435%138,120 57% Property Taxes - Town (Current)1,376,961 - 1,376,961 - 1,376,961 0%1 1,256,338 -100% Property Taxes - Town (Rollback)- - - - - 0%1 165,155 -100% Property Taxes - County (Current)295,022 - 295,022 - 295,022 0%1 - 0% Sales Taxes - Town 1,386,765 - 1,386,765 661,861 724,904 48%716,344 -8% Sales Taxes - EDC 1,161,416 - 1,161,416 554,308 607,108 48%599,938 -8% Interest Income 50,000 - 50,000 51,933 (1,933) 104%88,430 -41% Transfer In - - - - - 0%- 0% Total Revenue 5,070,164$ -$ 5,070,164$ 2,010,816$ 3,059,348$ 40%3,472,555$ -42% EXPENDITURES Professional Services 3,000$ -$ 3,000$ -$ 3,000$ 0%-$ 0% Developer Reimbursement 6,480,373 - 6,480,373 - 6,480,373 0%2 - 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)$ 2,010,816$ 3,472,555$ Beginning Fund Balance October 1 2,004,259 2,004,259 2,542,101 Ending Fund Balance Current Month 591,050$ 4,015,075$ 6,014,656$ Notes 1 Property tax documentation typically received in May to make transfer. 2 TIRZ reimbursements are typically made in the last quarter of the fiscal year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% TIRZ #1 - BLUE STAR Page 14 Page 19 Item 12. 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%1 114,647$ -100% Property Taxes - Town (Rollback)- - - - - 0%1 - 0% Property Taxes - County (Current)9,285 - 9,285 - 9,285 0%1 - 0% Sales Taxes - Town 2,200 - 2,200 691 1,509 31%966 -28% Sales Taxes - EDC 2,200 - 2,200 691 1,509 31%966 -28% Interest Income 1,500 - 1,500 861 639 57%1,460 -41% Total Revenue 166,358$ -$ 166,358$ 2,243$ 164,115$ 1%118,038$ -98% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Reimbursement 184,122 - 184,122 - 184,122 0%2 - 0% Transfers Out - - - - - 0%- 0% Total Expenditures 184,122$ -$ 184,122$ -$ 184,122$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (17,764)$ 2,243$ 118,038$ Beginning Fund Balance October 1 41,205 41,205 25,751 Ending Fund Balance Current Month 23,441$ 43,448$ 143,789$ Notes 1 Property tax documentation typically received in May to make transfer. 2 TIRZ reimbursements are typically made in the last quarter of the fiscal year. TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% Page 15 Page 20 Item 12. 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$ 1,903,598$ -$ 1,522,938$ 56%1,772,065$ 7% Interest Income 1,200 - 1,200 674 - 526 56%4,601 -85% Other - - - - - - 0%- 0% Total Revenue 3,427,736$ -$ 3,427,736$ 1,904,272$ -$ 1,523,464$ 56%1,776,666$ 7% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%1,310,048$ -100% Other 1,200 - 1,200 - - 1,200 0%1,357 -100% Transfer Out 3,426,536 - 3,426,536 1,903,598 - 1,522,938 56%1 - 0% Total Expenditures 3,427,736$ -$ 3,427,736$ 1,903,598$ -$ 1,524,138$ 56%1,311,405$ -200% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 674$ 465,261$ Beginning Fund Balance October 1 97,422 97,422 398,065 Ending Fund Balance Current Month 97,422$ 98,096$ 863,326$ Notes 1 Payroll costs will be tranferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 16 Page 21 Item 12. 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$ 1,902,279$ -$ 1,558,040$ 55%1,790,168$ 6% Interest Income 600 - 600 720 - (120) 120%748 -4% Other - - - - - - 0%- 0% Total Revenue 3,460,919$ -$ 3,460,919$ 1,902,999$ -$ 1,557,920$ 55%1,790,916$ 6% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%1,643,353$ -100% Other 2,400 - 2,400 - - 2,400 0%1,357 -100% Transfer Out 3,458,519 - 3,458,519 1,902,279 - 1,556,240 55%1 - 0% Total Expenditures 3,460,919$ -$ 3,460,919$ 1,902,279$ -$ 1,558,640$ 55%1,644,710$ -200% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 720$ 146,206$ Beginning Fund Balance October 1 75,732 75,732 382,940 Ending Fund Balance Current Month 75,732$ 76,452$ 529,146$ Notes 1 Payroll costs will be tranferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT Page 17 Page 22 Item 12. 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%1 638,270$ -100% Park Improvement Fees 800,000 - 800,000 4,500 - 795,500 1%949,000 -100% Interest - Park Dedication 20,000 - 20,000 23,779 - (3,779) 119%33,107 -28% Interest - Park Improvement 20,000 - 20,000 16,685 - 3,315 83%14,086 18% Contributions/Grants - - - - - - 0%- 0% Transfers In - - - - - - 0%- 0% Total Revenue 2,390,000$ -$ 2,390,000$ 44,964$ -$ 2,345,036$ 2%1,634,463$ -97% EXPENDITURES Transfers Out - Park Dedication 1,400,000$ -$ 1,400,000$ 1,400,000$ -$ -$ 100%1,115,050$ 26% Park Dedication - - - - - - 0%- 0% Transfers Out - Park Improvement 750,000 - 750,000 750,000 - - 100%465,000 61% Park Improvement - - - - - - 0%- 0% Total Expenditures 2,150,000$ -$ 2,150,000$ 2,150,000$ -$ -$ 100%1,580,050$ 36% REVENUE OVER (UNDER) EXPENDITURES 240,000$ -$ 240,000$ (2,105,036)$ 54,413$ Beginning Fund Balance October 1 2,379,093 2,379,093 1,232,390 Ending Fund Balance Current Month 2,619,093$ 274,057$ 1,286,803$ Notes 1 Fees from Legacy Garden and Mirabella are anticipated later in the year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% PARK DEDICATION AND IMPROVEMENT FUND Page 18 Page 23 Item 12. 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$ 25,538$ -$ 6,012$ 81%199,790$ -87% Police Donation Revenue 15,500 - 15,500 13,066 - 2,434 84%19,500 -33% Cash Seizure Forfeiture - - - 43,028 - (43,028) 0%2,922 1372% Fire Donation Revenue 15,500 - 15,500 10,404 - 5,096 67%9,696 7% Child Safety Revenue 28,000 - 28,000 1,575 - 26,425 6%9,485 -83% Court Technology/Security Revenue 16,723 - 16,723 22,030 - (5,307) 132%17,111 29% Municipal Jury revenue 170 - 170 247 - (77) 145%259 -5% Tree Mitigation 300,000 - 300,000 156,595 - 143,406 52%14,805 958% Escrow Income - - - - - - 0%- 0% LEOSE Revenue 3,000 - 3,000 11,016 - (8,016) 367%10,288 7% 60-A Inspection Revenue - - - 6,360 - (6,360) 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 410,443$ -$ 410,443$ 289,859$ -$ 120,584$ 71%283,856$ 2% EXPENDITURES Police Donation Expense 25,000$ -$ 25,000$ 15,378$ -$ 9,622$ 62%3,851$ 299% Police Seizure Expense 23,000 - 23,000 7,278 - 15,722 32%500 1356% Fire Donation Expense 10,000 - 10,000 643 - 9,357 6%33,441 -98% Child Safety Expense 80,000 - 80,000 4,677 9,449 65,874 18%- 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%500,000 -100% Transfer Out (Tree Mitigation)850,000 - 850,000 850,000 - - 100%1,150,000 -26% Total Expenses 1,023,060$ -$ 1,023,060$ 877,976$ 9,449$ 135,636$ 87%1,687,792$ -48% REVENUE OVER (UNDER) EXPENDITURES (612,617)$ -$ (612,617)$ (588,116)$ (1,403,936)$ Beginning Fund Balance October 1 1,359,045 1,359,045 2,356,265 Ending Fund Balance Current Month 746,428$ 770,929$ 952,329$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% SPECIAL REVENUE FUNDS Page 19 Page 24 Item 12. 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$ 64,214$ -$ 238,461$ 21%-$ 0% Interest Income 2,000 - 2,000 308 - 1,692 15%- 0% Other - - - - - - 0%- 0% Total Revenue 304,675$ -$ 304,675$ 64,521$ -$ 240,154$ 21%-$ 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$ 64,521$ -$ Beginning Fund Balance October 1 - - - Ending Fund Balance Current Month 203,783$ 64,521$ -$ Notes *Holiday Inn Express opened November 13, 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% HOTEL OCCUPANCY TAX FUND Page 20 Page 25 Item 12. 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$ 11,655,245$ -$ 16,166,153$ 42%3 10,504,713$ 11% Sewer Charges for Services 18,074,593 - 18,074,593 9,714,859 - 8,359,734 54%3 7,865,947 24% Licenses, Fees & Permits 193,000 - 193,000 155,334 - 37,666 80%5 275,656 -44% Utility Billing Penalties 205,500 - 205,500 138,447 - 67,054 67%151,181 -8% Interest Income 350,000 - 350,000 215,175 - 134,825 61%312,513 -31% Other 691,700 - 691,700 416,551 - 275,149 60%417,257 0% Transfer In - - - - - - 0 - 0% Total Revenues 47,336,191$ -$ 47,336,191$ 22,295,610$ -$ 25,040,581$ 47%19,527,266$ 14% EXPENDITURES Administration 996,176$ -$ 996,176$ 825,176$ 55,114$ 115,885$ 88%2,4 828,939$ 0% Debt Service 8,313,546 - 8,313,546 3,614,477 - 4,699,069 43%1 2,853,209 27% Water Purchases 15,819,798 - 15,819,798 7,477,617 - 8,342,181 47%6,669,051 12% Wastewater Treatment Fees 6,035,065 - 6,035,065 3,151,369 - 2,883,696 52%3,475,621 -9% Franchise Fee 2,172,380 - 2,172,380 1,145,675 - 1,026,705 53%663,165 73% Public Works 10,776,413 - 10,776,413 5,138,932 725,311 4,912,170 54%4,962,698 4% Transfer Out 1,829,753 - 1,829,753 1,067,356 - 762,397 58%770,408 39% Total Expenses 45,943,131$ -$ 45,943,131$ 22,420,602$ 780,426$ 22,742,103$ 50%20,223,091$ 11% REVENUE OVER (UNDER) EXPENDITURES 1,393,060$ -$ 1,393,060$ (124,992)$ (695,825)$ Beginning Working Capital October 1 9,120,375 9,120,375 12,212,476 *Ending Working Capital 10,513,435$ 8,995,383$ 11,516,651$ Notes 1 Annual debt service payments are made in February and August. 2 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 3 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. 4 Property and Liablility insurance paid early in the fiscal year causing higher than expected YTD percentages. 5 Down from prior year due to change in processing for credit card fees. *Minimum Ending Working Capital balance for FY26 = $10,637,474 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% WATER-SEWER FUND Page 21 Page 26 Item 12. Growth % WATER SEWER WATER SEWER Change # of Accts Residential 14,450 13,754 13,878 13,178 4.24% # of Accts Commercial 532 485 491 445 8.65% Consumption-Residential 172,547,860 104,482,083 147,716,180 91,076,038 16.01% Consumption-Commercial 26,652,890 20,187,520 27,177,060 18,146,780 3.35% Consumption-Commercial Irrigation 21,914,580 18,204,350 20.38% Avg Total Res Water Consumption 11,933 10,638 12.17% Billed ($) Residential 1,312,179$ 1,202,825$ 1,073,556$ 949,890$ 22.23% Billed ($) Commercial 297,086$ 261,511$ 281,610$ 193,939$ 5.50% Billed ($) Commercial Irrigation 218,994$ 170,339$ 28.56% Total Billed ($)1,828,259$ 1,464,335$ 1,525,505$ 1,143,829$ 23.35% 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 4.10 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 47°5 1.80 43°6 5.94 January 7,680 6,340 6,932 44,142 February 60°2 1.71 49°10 2.12 February 7,417 6,090 6,415 50,487 March 67°3 3.50 64°7 1.31 March 6,717 6,308 6,631 57,188 April 70°7 3.23 69°10 4.65 April 11,933 10,638 9,897 67,085 May 74°10 6.07 May 11,310 11,332 78,418 June 82°6 3.09 June 13,536 11,912 90,330 July 85°11 2.58 July 15,430 18,548 108,877 August 85°4 2.97 August 19,802 22,581 131,458 September 81°6 3.08 September 18,840 20,443 151,901 Annual 30 17.42 93 42.22 TOTAL (gal)70,662 149,124 151,901 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2026-04 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.33% WATER-SEWER FUND Average Total Residential Water Consumption by Month FY2026 FY2025 Apr-26 Apr-25 Page 22 Page 27 Item 12. 42% 54% 80% 67% 61%60% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% WATER SEWER FUND REVENUE YTD % OF ANNUAL BUDGET Page 23 Page 28 Item 12. $11,655,245 $7,477,617 $10,504,713 $6,669,051 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 24 Page 29 Item 12. $9,714,859 $3,151,369 $7,865,947 $3,475,621 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Sewer Charges for Services Wastewater Treatment Fees SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Due to the timing of payments, prior year Sewer Management Fees were paid in Nov-2024 Page 25 Page 30 Item 12. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 1,726,111$ -$ 1,726,111$ 846,435$ -$ 879,676$ 49%3 570,367$ 48% Drainage Review Fee 25,000 - 25,000 6,100 - 18,900 24%- 0% 45-4 Interest Income 8,000 - 8,000 7,792 - 208 97%5,783 35% Other Revenue - - - 29,850 - (29,850) 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 1,759,111$ -$ 1,759,111$ 890,177$ -$ 868,934$ 51%576,150$ 55% EXPENDITURES Administration 558,690$ -$ 558,690$ 267,143$ -$ 291,547$ 48%226,505$ 18% Debt Service 220,338 - 220,338 151,331 - 69,007 69%2 133,388 13% 45-7 Operating Expenditures 119,546 (990) 118,556 38,063 1,380 79,113 33%14,203 168% Capital 267,374 - 267,374 - - 267,374 0%- 0% Transfers Out 229,954 - 229,954 217,473 - 12,481 95%1 142,164 53% Total Expenses 1,395,902$ (990)$ 1,394,912$ 674,011$ 1,380$ 719,522$ 48%516,259$ 31% REVENUE OVER (UNDER) EXPENDITURES 363,209$ 990$ 364,199$ 216,167$ 59,891$ Beginning Working Capital October 1 342,877 342,877 251,393 Ending Working Capital Current Month 707,076$ 559,044$ 311,284$ 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 April 30, 2026 Expected Year to Date Percent 58.3% STORMWATER DRAINAGE UTILITY FUND Page 26 Page 31 Item 12. 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$ 2,416,231$ -$ 1,522,395$ 61%2 2,063,578$ 17% Interest Income 3,500 - 3,500 5,599 - (2,099) 160%4,301 30% Transfer In - - - - - - 0%- 0% Total Revenues 3,942,126$ -$ 3,942,126$ 2,421,830$ -$ 1,520,296$ 61%2,067,879$ 17% EXPENDITURES Administration 75,588$ (30,000)$ 45,588$ 37,237$ -$ 8,351$ 82%35,570$ 5% Sanitation Collection 3,445,196 - 3,445,196 1,825,054 1,620,142 - 100%1 1,490,401 22% Capital Expenditure - - - - 120,120 (120,120) 0%- 0% Debt Service 257,501 - 257,501 150,208 - 107,293 58%150,208 0% Transfer Out 195,951 30,000 225,951 96,805 - 129,146 43%- 0% Total Expenses 3,974,236$ -$ 3,974,236$ 2,109,305$ 1,740,262$ 124,670$ 97%1,676,179$ 26% REVENUE OVER (UNDER) EXPENDITURES (32,110)$ -$ (32,110)$ 312,525$ 391,700$ Beginning Working Capital October 1 278,792 278,792 52,403 Ending Working Capital 246,682$ 591,317$ 444,103$ 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 April 30, 2026 Expected Year to Date Percent 58.3% SOLID WASTE FUND Page 27 Page 32 Item 12. 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$ 917,037$ -$ 655,027$ 58%917,037$ 0% Grant Revenue - - - - - - 0%- 0% Other Reimbursements 150,000 (150,000) - - - - 0%22,325 -100% Interest Income 250,000 - 250,000 82,728 - 167,272 33%148,554 -44% Auction Proceeds - 150,000 150,000 111,150 - 38,850 74%107,500 3% Total Revenue 1,966,797$ 5,267$ 1,972,064$ 1,110,915$ -$ 861,149$ 166%1,195,416$ -141% EXPENDITURES Vehicle Replacement 1,972,462$ 400$ 1,972,862$ 518,658$ 6,035,670$ (4,581,466)$ 332%1, 2 410,575$ 26% Equipment Replacement 77,706 1,089,094 1,166,800 684,990 173,359 308,451 74%1 128,928 431% Technology Replacement 1,089,094 (1,089,094) - - - - 0%- 0% Total Expenditures 3,139,262$ 400$ 3,139,662$ 1,203,648$ 6,209,029$ (4,273,014)$ 236%539,504$ 123% REVENUE OVER (UNDER) EXPENDITURES (1,172,465)$ 4,867$ (1,167,598)$ (92,733)$ 655,913$ Beginning Fund Balance October 1 17,159,865 17,159,865 6,055,897 Ending Fund Balance Current Month 15,992,267$ 17,067,132$ 6,711,810$ Notes 1 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 2 Encumbrances include $4,861,328 of fire equipment on order but not expected until FY27 or later. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 28 Page 33 Item 12. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 7,231,912$ -$ 7,231,912$ 3,404,087$ -$ 3,827,825$ 47%1 2,976,955$ 14% Cobra and Stop Loss Reimbursements 300,000 - 300,000 313,820 - (13,820) 105%2 232,002 35% Interest Income 20,000 - 20,000 1,836 - 18,164 9%2,876 -36% Transfers In 710,000 - 710,000 414,167 - 295,833 58%- 0% Total Revenue 8,261,912$ -$ 8,261,912$ 4,133,909$ -$ 4,128,003$ 50%3,211,833$ 29% EXPENDITURES Contractual Services 133,911$ -$ 133,911$ 93,678$ 8,000$ 32,233$ 76%65,343$ 43% Employee Health Insurance/Claims 8,371,480 - 8,371,480 4,131,171 1,130 4,239,179 49%4,449,078 -7% Total Expenditures 8,505,391$ -$ 8,505,391$ 4,224,850$ 9,130$ 4,271,411$ 50%4,514,421$ -6% REVENUE OVER (UNDER) EXPENDITURES (243,479)$ -$ (243,479)$ (90,940)$ (1,302,588)$ Beginning Fund Balance October 1 65,965 65,965 148,135 Ending Fund Balance Current Month (177,514)$ (24,975)$ (1,154,453)$ Notes 1 Health Charges expected to increase later in the FY. New plan year starts January 2026. Additional staff bugeted February 2026. 2 Stop loss reimbursements are received after health claims are paid. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 Expected Year to Date Percent 58.3% HEALTH INSURANCE FUND Page 29 Page 34 Item 12. 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)$ -$ 10,500,000$ Contributions/Interlocal Revenue 3,600,000 - 3,600,000 480,592 Bond Proceeds - 2026 GO Bonds 23,297,062 - 23,297,062 - Interest Income 3,000,000 - 3,000,000 1,695,146 Transfers In - Impact Fee Funds 5,500,000 - 5,500,000 5,400,000 Transfers In - Tree Mitigation 850,000 - 850,000 850,000 Transfers In - Park Dedication/Improvement 2,150,000 - 2,150,000 2,150,000 Grants - - - 547,284 Other Revenue - - - 7,287 Transfers In - - - - Total Revenues 48,897,062$ (10,500,000)$ 38,397,062$ 21,630,309$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Page 30 Page 35 Item 12. 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 April 30, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND EXPENDITURES Street & Traffic Projects Street Projects First Street (DNT - Coleman)24,758,067$ -$ -$ 24,758,067$ 63,183$ 20,869,065$ 3,466,462$ 359,357$ Coit Road (First-Frontier)27,789,900 - (6,881,407) 20,908,493 3,183,100 7,802,729 2,286,547 7,636,117 DNT Main Lane (US 380 - FM 428)7,671,186 - - 7,671,186 2,557,062 - 5,114,123 1 Fishtrap (Elem-DNT)32,230,732 - (58,589) 32,172,143 121,949 502,689 31,499,530 47,975 Teel (US380 Intersection Improv.)- - 493,527 493,527 493,527 - - - First Street (Coit-Custer) 4 Lanes 26,563,812 - - 26,563,812 210 - 26,372,036 191,567 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 37,665 32,393 719,042 4,360,900 Coleman (Gorgeous - Talon)4,022,596 15,500,000 1 19,522,597 152,442 187,312 2,847,712 16,335,130 Legacy (Prairie - Fishtrap) - 4 lan 10,000,000 - 171,519 10,171,519 - - 10,171,519 - Teel Parkway (US 380 - Fishtrap Rd)6,040,289 - 26,212 6,066,501 6,237 4,161 6,056,103 - 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 - 57,110 46,766 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 15,000 - 608,940 76,060 First Street (Coleman - Craig)2,500,000 - - 2,500,000 5,000 58,489 516,408 1,920,103 Gee Road (US 380 - FM 1385) - 2 NB 3,900,000 1,100,000 - 5,000,000 50,366 100,486 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 63,559 121,263 578,178 637,000 Windsong Parkway/US 380 Dual Left T 152,620 - - 152,620 - - 73,318 79,302 Legacy Drive (Prosper Tr. to P - - 10,000 10,000 259 - 167 9,574 Coleman St (First-Georgeous)660,000 - - 660,000 - 278,698 381,902 (600) Teel Parkway (First-Freeman)855,510 - 59,923 915,433 - 295,589 619,844 - 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 - - 1,200,000 290,809 442,885 260,306 206,000 Roundabout Peer Review and Tho 28,500 - - 28,500 4,463 - 24,038 - West Gorgeous (McKinley-Colema 230,000 - - 230,000 38,170 100,699 84,128 7,004 Godwin Parkway (DNT - BNSF RR)- 2,000,000 - 2,000,000 1,000,000 - - 1,000,000 Whitley Place/First St. - Open Spac - 250,000 - 250,000 - - - 250,000 Unprogrammed Future Projects 522,874 - (95,102) 427,772 - - - 427,772 Page 31 Page 36 Item 12. 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 April 30, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Street & Traffic Projects Traffic Projects Fifth Street Quiet Zone 500,000 - - 500,000 390 - - 499,610 Traffic Signal - Fishtrap & Artesia 525,000 140,000 (75,000) 590,000 1,305 6,707 323,079 258,909 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 73,720 738,720 445,190 88,142 39,304 166,084 Traffic Signal Acacia Parkway/Gee R 667,573 - - 667,573 15,780 5,400 645,373 1,020 Traffic Signal First Street/Legacy 992,259 - 54,085 1,046,344 263,899 534,833 246,948 663 Opticom Repair/Installation 85,000 - - 85,000 - 6,960 75,597 2,443 Gee/Lockwood Pedestrian Hybrid 357,113 - - 357,113 188,473 47,969 113,650 7,020 First/Copper Canyon Pedestrian 331,054 - - 331,054 188,473 25,434 108,867 8,280 First/Chaucer Pedestrian Hybri 316,374 - - 316,374 188,473 12,953 106,658 8,290 Tr. Signal (Denton-Fishtrap)390,428 - - 390,428 - - 377,974 12,454 Traffic Improvement Projects (767,160 1,500,000 (382,500) 1,884,660 5,655 - - 1,879,005 Traffic Signal Comunications P 495,000 - 150,000 645,000 - 134,912 - 510,088 Traffic Signal - Legacy & Prai 525,000 140,000 (49,500) 615,500 - - - 615,500 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 (24,750) 60,250 - - - 60,250 Traffic Signal - Legacy & Starwood - 85,000 (24,750) 60,250 - - - 60,250 Traffic Signal Warrant Studies - 85,000 (35,500) 49,500 - 49,500 - - First St at Fire No.3 Emgcy Signal - - 77,500 77,500 - 77,500 - - La Cima Blvd at Arrowhead-PHB - - 77,500 77,500 - 77,500 - - Coit Rd at Rodgers MS - PHB - - 77,500 77,500 - 77,500 - - Total Street & Traffic Projects 164,664,563$ 25,425,000$ (6,355,611)$ 183,733,950$ 9,577,091$ 32,325,584$ 97,191,761$ 44,639,515$ Page 32 Page 37 Item 12. 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 April 30, 2026 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 (127,000) 1,231,240 39,042 527,120 99,058 566,020 Raymond Community Park Dam Repair - 350,000 - 350,000 1,023 99,977 - 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 - - 1,684,000 307,169 142,059 124,111 1,110,661 Downtown Improvements Downtown Improvements 329,383 - 9,930 339,313 89,061 8,436 239,166 2,650 Downtown Monumentation 164,700 - 40,531 205,231 11,000 29,890 164,341 - Downtown Monumentation, Broadway &370,000 255,000 7,622 632,622 62,676 569,946 - - Prosper Parking Lot and Alley Impro 552,500 - (23,168) 529,332 17,784 409,681 100,550 1,317 Community Park Raymond Community Park 24,787,000 128,000 390,000 25,305,000 4,899,783 2,296,020 17,375,181 734,016 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 46,900 5,000 82,700 5,400 Dream Park - 3,000,000 - 3,000,000 1,113,416 1,861,938 - 24,646 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 - - 2,295,000 192,662 25,233 1,601,537 475,567 Mahard Medians - 500,000 - 500,000 16,200 33,800 - 450,000 Prairie Medians - 250,000 - 250,000 5,400 44,600 - 200,000 Richland Median Lndscp (Prosper Com - 150,000 - 150,000 - - - 150,000 Prosper Trail Screening (Preston -550,000 - 7,000 557,000 49,339 - 472,986 34,675 Parks Master Plan Update 140,000 - - 140,000 - - 132,707 7,293 Unprogrammed Future Projects 400,190 - (333,333) 66,857 - - - 66,857 Total Park Projects 40,258,070$ 6,353,000$ (28,419)$ 46,582,651$ 7,168,168$ 7,009,502$ 26,608,134$ 5,796,847$ Page 33 Page 38 Item 12. 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 April 30, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Facility Projects Public Safety Fire Station #4 Design 950,680$ -$ -$ 950,680$ 78,802$ 30,083$ 856,971$ (15,175)$ Fire Station #4 Other Developm 413,422 - - 413,422 14,621 18,111 111,496 269,195 Fire Station #4 Construction 11,610,003 - - 11,610,003 4,784,199 143,957 6,534,244 147,602 Fire Station #4 (FF&E)700,000 - - 700,000 385,079 58,575 - 256,346 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 16,032 404 - - 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 8,319,788 19,519,788 305,362 17,386,509 777,468 1,050,449 Finish Out Interior Spaces Town Hal 685,416 - 685,416 260,768 4,922 419,725 - Library Master Pan 130,000 - 130,000 8,600 5,389 116,011 - Town Hall Repairs - N. Parking 290,892 - 7,320 298,212 244,958 2,765 50,489 - Facility Improvement Projects - 300,000 (241,223) 58,777 - - - 58,777 Unprogrammed Future Projects 511,916 - (340,653) 171,263 - - - 171,263 Total Facility Projects 25,966,007$ 5,697,062$ 7,986,456$ 39,649,526$ 6,345,872$ 17,716,446$ 12,688,657$ 2,898,552$ 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$ 38,475,062$ 1,602,426$ 270,966,127$ 24,091,131$ 57,051,533$ 136,488,551$ 53,334,914$ REVENUE OVER (UNDER) EXPENDITURES (232,569,065)$ (2,460,822)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 82,578,172 82,578,172 Ending Fund Balance (Restricted for Capital Projects) Current Month (149,990,893)$ 80,117,350$ Page 34 Page 39 Item 12. 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$ 1,004,024$ Bond Proceeds 26,538,619 - 26,538,619 - Grant Revenue - - - - Transfers In - - - - Transfers In - Impact Fee Funds 6,868,378 - 6,868,378 6,868,378 Transfers In - Drainage Fund 200,000 - 200,000 200,000 Total Revenues 34,214,797$ -$ 34,214,797$ 8,072,402$ EXPENDITURES Water Projects Lower Pressure Plane 42"18,931,100$ -$ (420,550)$ 18,510,550$ -$ -$ 18,510,550$ -$ LPP Water Line Phase, 2A 9,000,000 (1,080,312) 7,919,688 42 - 7,919,646 - Water Line Relocation-Frontier Park 6,900,000 - - 6,900,000 2,916,638 1,143,080 1,554,570 1,285,711 Parks & Public Works, Phase 1 5,600,000 - 2,395,576 7,995,576 1,968,013 5,639,557 388,007 - DNT (Prosper Trail - Frontier Parkw 23,785 - - 23,785 - - 3,585 20,200 Water Impact Fee Analysis 105,627 - - 105,627 - - 105,487 139 DNT Water Line Relocation 37,019 - - 37,019 - - 25,127 11,893 5 MG Ground Storage Tank 8,100,000 5,695,000 - 13,795,000 131,582 194,851 524,677 12,943,890 Craig Street 2 MG EST Rehabili 460,000 2,540,000 - 3,000,000 121,858 173,787 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 37,974 980,836 - 781,190 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 - 3,750,000 8,753,327 Upper Doe Branch WW Line 8,025,000 (1,061,980) 6,963,021 1,231,512 1,128,276 4,573,501 29,731 Sewer Impact Fee Analysis 115,947 - - 115,947 - - 115,807 139 Doe Branch, Phase 3 WWTP 104,946,277 - - 104,946,277 27,500,000 3,835 33,636,712 43,805,730 Wilson Creek WW Line 400,000 - (94,714) 305,286 - - 305,286 - Denton ISD WW Line Reimburseme 531,622 - - 531,622 - - - 531,622 Total Water & Wastewater Projects 179,786,432$ 12,535,000$ -$ 192,321,431$ 37,919,599$ 11,764,222$ 71,486,261$ 71,151,350$ 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$ 38,419,599$ 11,778,694$ 71,718,144$ 71,428,381$ REVENUE OVER (UNDER) EXPENDITURES (159,130,020)$ (30,347,197)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 115,732,372 115,732,372 Ending Fund Balance (Restricted for Capital Projects) Current Month (43,397,648)$ 85,385,175$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT April 30, 2026 UTILITY CAPITAL PROJECTS FUND Page 35 Page 40 Item 12. Page 1 of 2 To: Mayor and Town Council From: Ken Myers, Interim Police Chief Through: Mario Canizares, Town Manager Re: Multipurpose Speed Trailers Town Council Meeting – May 19, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the purchase of three (3) multipurpose speed trailers for the Prosper Police Department from All Traffic Solutions utilizing Sourcewell Contract 090122-ATS for $61,024.22. Description of Agenda Item: This request is for three (3) multipurpose speed trailers that can also function as small signboards for traffic warnings, special events, and crime prevention messaging. In addition to displaying speed and messaging information, they are capable of gathering traffic statistics. The current f leet of speed trailers is old, in disrepair, and no longer repairable. The new trailers come pre-wired to support existing Flock LPR cameras, allowing use of current portable cameras without requesting additional camera purchases. Budget Impact: The attached quote from All Traffic Solutions, referenced as Q-107034, in the amount of $61,024.22 is for the purchase of three (3) Multi-Purpose Speed Trailers. This quote includes the base price of $9,777.72 for each trailer, plus purchase options, minus a vendor discount; totaling $18,653.41 for each trailer with shipping and handling totaling $5,064.00. Funding will be provided through an existing MVCPA grant. $61,024.22 from Police Department, Support Services Organization #12023027, Object #61400 Capital Equipment. Attached Documents: 1. All Traffic Solutions Q-107034 Town Staff Recommendation: Staff recommend the Town Council approve purchase of three (3) multipurpose speed trailers for the Prosper Police Department from All Traffic Solutions utilizing Sourcewell Contract 090122- ATS for $61,024.22. POLICE DEPARTMENT Page 41 Item 13. Page 2 of 2 Proposed Motion: I move to approve authorizing the purchase of three (3) multipurpose speed trailers for the Prosper Police Department from All Traffic Solutions utilizing Sourcewell Contract 090122-ATS for $61,024.22. Page 42 Item 13. QUOTE Q-107034 Questions contact: DATE: 03/11/2026 PAGE NO: 1 Mail Purchase Orders to: 5100 W Brown Deer Rd Brown Deer, WI 53223 All Traffic Solutions, LLC 5100 W Brown Deer Rd Brown Deer, WI 53223 Phone: 814-237-9005 Fax: 814-237-9006 DUNS #: 02-344-3864 Tax ID: 39-0983658 CAGE Code: 0GWV8 Contract: Sourcewell 090122-ATS Sourcewell Account #: 100478 MANUFACTURER: All Traffic Solutions Cyndi Phillips x cphillips@alltrafficsolutions.com Independent Sales Rep: BILL TO:SHIP TO: Prosper Police Department 801 Safety Way Prosper, TX 75078 Billing Contact: Prosper Police Department 801 Safety Way Prosper, TX 75078 Attn: Keith Mann PAYMENT TERMS: Net 30 CUSTOMER: Prosper Police Department CONTACT:(972) 346-2640 ITEM NO:DESCRIPTION:QTY:EACH:EXT. PRICE: 4000745 SpeedAlert 24 Radar Message Sign (RMS); base unit (select mount separately) 3 $9,777.72 $29,333.16 4001299 3 Year Warranty 3 $0.00 $0.00 4000874 All Options Activation: Bluetooth, Traffic Data, Violator Alert, Camera/Pictures, ($3000 Value, requires Traffic or Message Suite) 3 $0.00 $0.00 4000647 App, Traffic Suite (12mo); Equip Mgmt, Reporting, Image Mgmt, Alerts, Mapping and PremierCare 3 $1,500.00 $4,500.00 4001626 VZW communications prep 3 $0.00 $0.00 4002013 ATS-5 Trailer Flock Ready: 450Ah AGM Batteries, 160W solar & 20A controller; Includes Flock DC power kit and V3 Mounting Bracket. Trailer is compatible with (1) Flock Safety Flex LPR Camera 3 $8,823.89 $26,471.67 4100557 hrns, Power cord, iA w/ quick connects for trailer 3 $60.00 $180.00 4000754 USB cable, 16ft, extra long for trailer or pole 3 $37.74 $113.22 4000740 Trailer Certificate of Origin 3 $0.00 $0.00 4000879 Violator Strobe, Red and Blue for ATS-5 for use with SA24 3 $840.48 $2,521.44 4001889 Shipping and Handling 1 $5,064.00 $5,064.00 Page 43 Item 13. 4001190 Discount - New Purchase 1 ($7,159.27)($7,159.27) SALES AMOUNT: $61,024.22Special Notes: (3) Flock Ready Trailers TOTAL USD: $61,024.22 Duration: This quote is good for 60 days from date of issue. Shipping Notes: All shipments shall be FOB shipper. Shipping charges shall be additional unless listed on quote. Taxes: Taxes are not included in quote. Please provide a tax-exempt certificate or sales tax will be applied. Warranty: Unless otherwise indicated, all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are available at time of purchase. A Finance Charge of 1.5% per month will be applied to overdue balances. GSA GS-07F-6092R I am authorized to commit my organization to this order. If your organization will be creating a purchase order for this order, please submit purchase order to either of the following: Email: sales@alltrafficsolutions.com or Physical Address: Listed at top of quote. Signature: Date: Print Name: Title: \signature1\\date1\ \fullname1\\title1\ Page 44 Item 13. Page 1 of 2 To: Mayor and Town Council From: Ken Myers, Interim Police Chief Through: Mario Canizares, Town Manager Re: Motorola Cloud Based Storage Town Council Meeting – May 19, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager, and/or his designee, to execute a contract with Motorola Solutions for a cloud-based storage solution for Motorola-related public safety media files for an amount not to exceed $189,043. Description of Agenda Item: The Police Department requests authorization to enter into an agreement with Motorola Solutions for a cloud-based storage solution to support the management of public safety media files. This solution will transition the Department’s Motorola-related data from on-premises storage to a secure cloud-based environment, improving operational efficiency, enhancing system functionality, and reducing risks associated with on-premises infrastructure. This solution is being offered through cooperative contract RA052-21 with HGAC. Upon approval, the agreement will be executed in Fiscal Year 2026; however, there will be no budget impact until Fiscal Year 2027. Funding for this contract will be incorporated into the Department’s FY 2027 budget. Budget Impact: FY27 funding. The total investment for this solution is $577,644.16, with a strategic discount of $388,601.16, resulting in a net cost of $189,043, to be paid in equal installments over a four-year term. 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 / Contract – Motorola Town Staff Recommendation: Town Staff recommend the Town Council approve Town Manager, and/or his designee, to execute a contract with Motorola Solutions for a cloud-based storage solution for Motorola-related public safety media files for an amount not to exceed $189,043. POLICE DEPARTMENT Page 45 Item 14. Page 2 of 2 Proposed Motion: I move to approve authorizing the Town Manager, and/or his designee, to execute a contract with Motorola Solutions for a cloud-based storage solution for Motorola-related public safety media files for an amount not to exceed $189,043. Page 46 Item 14. Billing Address: PROSPER POLICE DEPT, TOWN OF P O BOX 307 PROSPER, TX 75078 US Quote Date:04/08/2025 Expiration Date:05/26/2026 Quote Created By: Blake Galloway Regional Sales Manager Blake.Galloway@ motorolasolutions.com 214-551-2709 End Customer: PROSPER POLICE DEPT, TOWN OF Contract: 17724 - HGAC (TX)-RA05-21 AGREEMENT: WG AGREEMENT Payment Terms:30 NET Line #Item Number APC Description Qty Term Sale Price Ext. Sale Price CommandCentral DEMS 1 SSV00S05158A 0696 COMMANDCENTRAL DEMS PLUS SERVICE* 69 4 YEAR $1,267.00 $87,423.00 2 SSV00S05160A 0696 COMMANDCENTRAL DEMS UNLIMITED STORAGE PER BODYWORN CAMERA* 40 4 YEAR $652.00 $26,080.00 3 SSV00S05161A 0696 COMMANDCENTRAL DEMS UNLIMITED STORAGE PER IN-CAR VIDEO CAMERA* 30 4 YEAR $652.00 $19,560.00 4 PSV00S05486A 0914 MOBILE VIDEO ONSITE CLOUD DEPLOYMENT 1 $6,000.00 $6,000.00 5 SSV00S05131A 0616 COMMANDCENTRAL DEMS EXPORT TO AXON* 1 4 YEAR $0.00 $0.00 6 ISV00S04236A 0840 DEPLOY AXON INTERFACE* 1 $0.00 $0.00 7 SSV00S03682A 0616 INTEGRATION: CC EVIDENCE TO COMMUNITY* 1 4 YEAR $0.00 $0.00 8 SSV00S03753A 0616 INTEGRATION: RESPONDER TO EVIDENCE* 1 4 YEAR $0.00 $0.00 QUOTE-3082900Prosper PD Cloud Only Page 1 Page 47 Item 14. Line #Item Number APC Description Qty Term Sale Price Ext. Sale Price 9 SSV00S03748A 0616 INTEGRATION: AWARE TO EVIDENCE* 1 4 YEAR $0.00 $0.00 10 WGW00166-100 0840 EL4 TO VIDEOMANAGER EL DATA MIGRATION SERVICE, PER TB OF DATA 90 $0.00 $0.00 11 PSV00S05491A 0914 MOBILE VIDEO ONSITE TRAINING 1 $0.00 $0.00 VideoManager EL or EX: Video Evidence Management 12 SSV07S05467A 0897 VIDEOMANAGER EL CLOUD ADVANCED PLUS - M 1 4 YEAR $50,000.00 $50,000.00 13 PSV07S04195A 0897 VIDEOMANAGER EL CLOUD ONBOARDING* 1 $0.00 $0.00 14 PSV07S04030A 0853 MOBILE VIDEO PREV. MAINT. ONBOARDING* 1 $0.00 $0.00 15 LSV07S04159A 0897 VIDEOMANAGER EL CLOUD ADVANCED PLUS 1 4 YEAR Included Included CommandCentral Aware 16 SSV00S04179A 0612 AWARE STANDARD* 1 4 YEAR $0.00 $0.00 17 PSV00S04088A 0612 INTEGRATION: CC RESPONDER TO AND FROM COMMANDCENTRAL AWARE* 1 $0.00 $0.00 18 PSV00S04102A 0612 INTEGRATION: VIGILANT - VEHICLE MANAGER TO COMMANDCENTRAL AWARE* 1 $0.00 $0.00 19 PSV00S04081A 0612 INTEGRATION: APXNEXT TO COMMANDCENTRAL AWARE* 1 $0.00 $0.00 20 PSV00S04009A 0250 COMANDCENTRAL AWARE 4 HOURS VIRTUAL TRAINING* 1 $0.00 $0.00 21 PSV00S04083A 0612 INTEGRATION: AWARE TO COMMUNITY* 1 $0.00 $0.00 22 PSV00S04093A 0612 MOBILE VIDEO TELEMETRY* 1 $0.00 $0.00 23 SSV00S04248A 0612 AWARE LOCATION DEVICES* 100 4 YEAR $0.00 $0.00 Subtotal $577,664.16 Total Discount Amount $388,601.16 QUOTE-3082900Prosper PD Cloud Only Page 2 Page 48 Item 14. $189,063.00(USD)Grand Total QUOTE-3082900Prosper PD Cloud Only Page 3 Pricing Summary Sale Price Upfront Costs for Hardware, Accessories and Implementation (if applicable)$47,265.75 Year 2 Subscription Fee $47,265.75 Year 3 Subscription Fee $47,265.75 Year 4 Subscription Fee $47,265.75 Grand Total System Price (Inclusive of Upfront and Annual Costs)$189,063.00 NOTE: Year 1 Invoice to be deferred to 10/01/2026 Page 49 Item 14. Motorola Solutions, Inc. Date _______________ The equipment will be shipped to the customer at the following address, and the ultimate destination where the equipment will be delivered to the customer is: PROSPER POLICE DEPT, TOWN OF Attn: ________________________ ____________________________ ____________________________ Sincerely, Signature: _______________________________________ Name: _______________________________________ Title: _______________________________________ Email: _______________________________________ Re: QUOTE-3082900 Agency: PROSPER POLICE DEPT, TOWN OF Total Cost: $189,063.00 Contract Reference: Prosper PD Cloud Only Please be advised that the Prosper Police Department will purchase the goods and/or services offered in your QUOTE-3082900 dated 04/08/2025. This constitutes a purchase pursuant to the terms of the specified contract below, including any applicable addenda. Terms are NET 30 unless otherwise agreed upon. Specified Contract: Texas DIR-CPO-5433 Agency affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, and acknowledges that pursuant to Prosper PD Budget, the funds for this purchase have been authorized. Customer agrees to appropriate funding in accordance with the contract. Invoices shall be according to the milestone schedule included in the quote and services agreement, should reference QUOTE-3082900 And be sent to: PROSPER POLICE DEPT, TOWN OF Attn:________________________ ____________________________ ____________________________ Page 50 Item 14. COMMANDCENTRAL DEMS PLUS SOLUTION DESCRIPTION OVERVIEW CommandCentral DEMS provides a suite of digital evidence management tools that help users contain, organize, and act on large amounts of incoming multimedia. These tools streamline the collection, capture, storage, and sharing of data from a single location. By centralizing digital evidence collections, CommandCentral DEMS removes data silos and provides users with the storage and tools they need to get the most out of their critical information. In addition, users can easily secure and share content with an intact chain of custody, to improve collaboration. CommandCentral DEMS Plus is available without any upfront capital investment. Monthly subscription service costs include the software, device management, and storage. Evidence also secures data at rest and in transit to protect communications. This complies with CJIS guidelines and the NIST framework. THE COMMANDCENTRAL PLATFORM CommandCentral is an end-to-end platform of interconnected solutions that unify data and streamline public safety workflows from a tip or call to case closure. Through single sign-on capabilities, your personnel can access all software applications with one agency username and password for a more streamlined workflow. The platform puts your agency’s data to better use, improves safety for critical personnel, and helps keep your focus on the communities you serve. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 51 Item 14. CommandCentral continuously evolves, maximizing the value of existing investments while adopting new capabilities that better meet your personnel’s growing needs. With cloud-based services and an agile development methodology through constant user feedback, Motorola Solutions can deliver new features and functionality in a more manageable, non-intrusive way. Figure 1: The End-to-End Platform DIGITAL EVIDENCE MANAGEMENT Evidence stored in the tool is easy to search, correlate, and review alongside other case-related information from your CAD or RMS database. Relevant content can be marked and intelligently sorted to quickly locate critical information from a central touchpoint. This unified storage framework allows personnel to make informed decisions from an organized and complete case evidence view, while offering an access control system to allow only authorized personnel to view sensitive information. Store and Manage - Collections Evidence is automatically linked based on the tags and metadata attached to those files, helping users find additional contextual information on an incident and build cases quickly. Users can search and filter content to locate additional relevant data to link to a case or incident. •Auto Created Collections – Digital evidence captured by integrated products that provide a Record ID, such as an Incident or Case Number, will automatically be grouped into a Collection. •Manually Created Collections – Users can manually create collections or sub-collections to better organize individual files and related items. •Bulk Actions – Easily download, share, and edit specific details of multiple files in a group. •Manual Upload - Upload digital evidence from 3rd parties directly into an existing collection or while creating a new collection to build your case. Interagency, Judicial, and Community Sharing Easily share digital evidence with trusted organizations and community members using our secure sharing features. •Trusted Organizations, Authenticated Sharing - Share digital evidence collections with other agencies and judicial partners in a secure portal accessible by authenticated users. •Unauthenticated - Quickly share evidence with the community for public information requests. Links can be password protected to add a level of security. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 52 Item 14. AI Assisted Redactions and Transcriptions Protect confidentiality and save time with our AI Assisted Redaction and Transcription Services. •AI Transcription & Summaries - Generate transcriptions on-demand or set up automations to create transcriptions for video and audio files with an AI generated summary. •AI Assisted Video and Audio Redactions - Receive suggestions for objects and information commonly redacted. -Video Object Detection - Identifies and tracks objects commonly redacted; such as heads (faces), license plates, screens, and documents. -Audio Detections - Use AI to auto-detect common sensitive data found in audio; such as names, phone numbers, and medical interactions. -Manual Redactions - For simple projects, manual redaction tools are available. Current MSI Ecosystem Integrations: •CommandCentral Responder Starter, Mobile Field Responder Application •SmartControl Mobile App for Body Cameras •10-21 Police Phone •CAPE-Equipped Drones •Smart Transcription for 9-1-1 call recordings •ViQi - Voice Activated AI •Records Management -Flex Records -PremierOne Records -CC Records / RMS Third Party Integrations Import and export of data from some 3rd party software is available in some instances. Talk to your sales team for more details. DEVICE MANAGEMENT Easily manage, configure, deploy and monitor in-car and body cameras in CommandCentral DEMS. •Body Cameras are checked out to a given officer with assignment records showing the history of use for the device. •In-Car Video systems are configured with a list of officers who are authorized to use it. When an officer logs into the device, they are marked as the owner of any evidence created by the device. •Rapid Checkout Kiosk allows users to quickly check out pooled body cameras at the beginning of a shift with an easy-to-use interface. •User Preferences - In-car and Body cameras can be configured to remember preference settings for each user, including alert volume level, haptic notifications, screen and LED brightness and more. •Automatic Video Upload: Videos are automatically uploaded to CommandCentral DEMS and linked based on officer name, or group recordings. •Device Dashboard: See a detailed, easy-to-understand overview of your body cameras and in-car video systems at a glance, including their battery levels, memory levels, last checkout, and location. •In-field tagging: Categorize and review body camera footage while still in the field, via the SmartControl iOS/Android/Windows app. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 53 Item 14. Supported devices include: •SVX converged Radio Speaker Mic and Body-Worn Camera •V700 Body Cameras •M500 In-Car Camera System CLOUD SECURITY AND COMPLIANCE Proactive Security Design Security is proactively incorporated into the design of our applications, not applied reactively when incidents occur. Applications undergo security reviews at each phase of their development and continue with ongoing assessments after deployment to find and repair vulnerabilities. Compliance with Industry Best Practices Our cloud solutions comply with key industry best practices for security, including NIST Security and Privacy Controls for Information Systems and Organizations (800-53), ISO 27001, 27017, 27018 - Specification for an Information Security Management System, and Criminal Justice Information System (CJIS) Security Policy. We conduct continuous and comprehensive risk assessments following the guidelines and best practices provided by NIST and ISO. Cybersecurity Champions Imbedded in Product and Service Teams Over 350 specially trained and certified Cybersecurity Champions ensure that a culture of cybersecurity is instilled into the fabric of our product and services teams. Programmers receive ongoing security training and updates on the latest hacker tactics so they can layer security into every stage of the application development process. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 54 Item 14. COMMANDCENTRAL RESPONDER STARTER WITH EVIDENCE SOLUTION DESCRIPTION CommandCentral Responder is a mobile solution for frontline Responders. This includes an application for iOS and Android. The Responder with Evidence solution (also known as Responder Starter) allows users to capture media, record notes, tag items and link them to cases / incident records. Depending on which feature flags are enabled, a customer can gain access to different sets of features. Using a note, users can capture a group of photos in one go and then tag them or link them all as a group. Responder uploads media automatically once captured, making the process easy for users. Media is removed automatically from a user’s device after a customer defined retention period. Users can set up the application easily by downloading the application from App Store or Play Store, and simply logging in with their MSI account. NOTES AND MEDIA CAPT URE Responder with Evidence allows a user to create a note and capture media and associated text. Users can use the note either just to group a set of media together (as they capture it) or to add additional explanatory text as they capture details. Users can capture audio, video and photographs in this collection. This means users can attend a scene and immediately capture a collection of media before working out how to tag or link it. Users can view a full size version of a photo and can zoom in to view it at larger scale. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 55 Item 14. IMPORTING MEDIA Users can import media (photos, audio, video and files such as PDFs) from their gallery or file system - allowing them to use media files shared to their device by members of the public. This feature can be enabled or disabled using per agency configuration (if an agency does not want to use this capability they can turn it off). TAGGING Users can choose to tag a note, which will tag it and all media within it. Tags provided are those configured by the agency and are shown grouped by categories defined by the agency. Selected tags will then show on the note. As with all media, in CommandCentral Evidence, tags are used to manage and set the retention period for media. In addition to manual tags, Responder can be configured to set a default “Responder Media” tag on every media item uploaded by Responder. This allows agencies to set a default tag & retention period for anything captured by Responder. LINKING TO RECORDS Users can link a note to an incident record contained in the CommandCentral Consolidated Records View - to relate the note & media to the incident and ensure they are shown in the Consolidated Records View. The incident record summary shown in Responder contains key data for the record - Report number, Incident Type, Involved officers & Incident Start & End Date. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 56 Item 14. Users can: •Link to an incident record already on a user’s device -Any incident records for which a user is already added as an involved officer will be automatically downloaded to their device. •Link to an incident record by search: -A user can search for an incident record using a simple free text search, searching for any incident record for the agency in CC Records that the user has permission to view •Create a new incident record if one does not exist (not available with Flex - see below) -User can create a new incident record (providing summary details above). -User will be provided with the Report number separately -Responder application will detect creation of incidents (from Responder) with duplicate Report numbers, warn users and allow them to resolve conflicts. The exact behavior depends on whether the customer is using: •Responder with CommandCentral Evidence connected to Flex -Flex generates law incidents (typically created from CAD). These law incidents are uploaded to CC Records and user can link to these. Whenever there is a case number to link to there will be a law incident in Flex and this will be pushed to CC Records. As a result, users can’t create incident record summaries in Responder, they can link to law incidents created in Flex. •Responder with CommandCentral Evidence connected to P1 RMS -P1 RMS manages case reports in case folders. If there is a case report, then P1 uploads this to CC Records and users can link to it. -If there is a case folder in P1 RMS but no case report then users can create an incident record summary in Responder, adding the case number - allowing the user to link media to the case. •Responder with CommandCentral Evidence standalone (with CommandCentral Records Starter capability) -Users can create incident record summaries or link to ones that have already been created. -Incident records have to be manually created in Responder (or the CommandCentral Evidence/Records web UI) - they aren’t imported from other systems QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 57 Item 14. TIMELINE Users can view previous notes in their timeline: •Update a note later with further information; •Refer back to them later when completing a report; •Notes (and associated media) are kept on the device in a user’s timeline for an agency configured period - configured in CC Admin (default is 30 days). The timeline is separated into a To Do and All Items view. The To do view shows notes that a user has added, that are either less than 24 hours old or that have not yet been linked to an incident record. Users can manually move a note out of the To do view if they don’t intend to link it to an incident record. However, typically users are encouraged to capture media and then link it. This provides an easy way for users to see notes they still have to deal with. The All Items view shows all notes on a user’s device so they can find older notes & evidence that they need to refer to. SYNCHRONIZING DATA Notes & media files are automatically uploaded to CommandCentral Evidence - a synch indicator is shown on the note to show data is being uploaded, and an indicator is shown on each media item to show that the media item is being uploaded. When a user signs out of Responder app, if they have unsent data (notes & evidence) then Responder will alert the user that they have unsent items - allowing them to ensure they are in an area of coverage and wait for sync to complete. AUTHENTICATION AND SECURITY CommandCentral Responder prevents unauthorized users from accessing the data transmitted to and from mobile devices through an HTTPS connection with FIPS 140-2 Transport Layer Security (TLS) v1.2 encryption. All user requests and other user data are protected by Azure Government services. To access the system, a user authenticates against the CommandCentral Identity Management system. If desired, the identity management system can be setup to federate authentication against a customer identity management system such as Azure AD. Customers can enable multi-factor authentication. •If a customer uses CommandCentral Identity Management directly then multi factor authentication can be enabled for any or all users (at customer decision). If enabled then users need to enter a username & password and a second factor which is either a one time passcode sent by email or a one time passcode or authentication approval enabled via a separate app (Ping ID). •If a customer uses federated authentication then the federated auth system authenticates the user. In this case the customer identity management will implement the multi factor authentication. For instance, Azure AD can enforce multi factor authentication and allows a one time passcode to be provided via email, SMS or via the Azure authenticator app. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 58 Item 14. In addition, Responder uses a PIN code (or optionally biometric unlock) that is used to allow users to unlock their app after inactivity timeout. Sign in online is required once per shift to access online data. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 59 Item 14. MOBILE VIDEO PRODUCTS NEW SYSTEM STATEMENT OF WORK OVERVIEW This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the Customer for the implementation of body-worn camera(s), in-car video system(s), and/or interview recording system(s) and your digital evidence management solution. For the purpose of this SOW, the term “Motorola” may refer to our affiliates, subcontractors, or certified third-party partners. Motorola’s certified installer will work on Motorola’s behalf to install your in-car video system(s). This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of the hardware and software components listed in the Solutions Description. Any changes or deviations from this SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the change provisions of the Contract. The Customer acknowledges any changes or deviations from this SOW may incur additional cost. Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project Schedule. Any changes to the Project Schedule must be mutually agreed upon by both parties in accordance with the change provisions of the Contract. Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel with access to their network and facilities so Motorola is able to fulfill its obligations. All work will be performed during normal business hours based on the Customer’s time zone (Monday through Friday from 8:00 a.m. to 5:00 p.m.). The number and type of software subscription licenses, products, or services provided by Motorola are specifically listed in the Contract and referenced in the SOW. Services & Products provided under this SOW are governed by the mutually executed Contract between the parties, or Motorola’s Master Customer Agreement and applicable addenda (“Contract”). AWARD, ADMINISTRATION, AND PROJECT INITIATION Project Initiation and Planning will begin following the execution of the Contract between Motorola and the Customer. At the conclusion of Project Planning, Motorola’s Project Manager (PM) will begin status meetings and provide status reports on a regular cadence with the Customer’s PM. The status report will provide a summary of activities completed, activities planned, progress against the project schedule, items of concern requiring attention, as well as, potential project risks and agreed upon mitigation actions. Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative teleconferencing tool, any costs incurred from the use of this alternate teleconferencing tool will be the responsibility of the Customer. FBI-CJIS SECURITY POLICY – CRIMINAL JUSTICE INFORMATION CJIS Security Policy Compliance Motorola believes our solution is not in scope of the FBI-CJIS Security Policy (CJISSECPOL) based on the definition in Section 4 of CJISSECPOL and how the FBI-CJIS defines Criminal Justice Information. However, Motorola does design its products with the CJISSECPOL security controls as a guide. Motorola’s design and QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 60 Item 14. features support best practice security controls and policy compliance. In the event of a CJIS technical audit request, Motorola will support the Customer throughout this process. Personnel Security – Background Screening Motorola will assist the Customer with completing the CJIS Security Policy Section Personnel Security related to authorized personnel background screening when requested to do so by the Customer. Based on the Personnel Security section of the CJISSECPOL, a Motorola employee is defined as someone who is required to be on the Customer’s property with unescorted access to unencrypted CJI. Motorola employees will also have access to the Customer’s network(s) and stored information and Motorola has remote access tools to support virtual escorted access to on-premises customer assets. Additionally, Motorola performs independent criminal background investigations including name based background checks, credential and educational vetting, credit checks, U.S. citizen and authorized worker identity verification on its employees. Motorola will support the Customer in the event of a CJIS audit request to validate employees assigned to the project requiring CJISSECPOL Personnel Security screening and determine whether this list is up to date and accurate. Motorola will notify the Customer within 24 hours or next business day of a personnel status change. Security Awareness Training Motorola requires all employees who will support the Customer to undergo Level 3 Security Awareness Training provided by Peak Performance and their CJIS online training platform. If the Customer does not have access to these records, Motorola can facilitate proof of completion. If the Customer requires additional and/or separate training, Motorola will work with the Customer to accommodate this request at an additional cost. CJIS Security Addendum Motorola requires all employees directly supporting the Customer to sign the CJIS Security Addendum if required to do so by the Customer. Third Party Installer The Motorola-certified third-party installer (if applicable) will work independently with the Customer to complete the CJISSECPOL Personnel Security checks, complete Security Awareness Training and execute the CJIS Security Addendum. COMPLETION CRITERIA The project is considered complete once Motorola has completed all responsibilities listed in this SOW. The Customer’s task completion will occur based on the Project Schedule to ensure Motorola is able to complete all tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks. The Customer must provide Motorola with written notification if they do not accept the completion of Motorola responsibilities. Written notification must be provided to Motorola within ten (10) business days of task completion. The project will be deemed accepted if no written notification is received within ten (10) business days. In the absence of written notification for non-acceptance, beneficial use will occur thirty (30) days after functional demonstration of the system. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 61 Item 14. SUBSCRIPTION SERVICE PERIOD If the contracted system includes a subscription, the subscription service period will begin upon the Customer’s receipt of credentials for access or for hardware, upon shipment of the hardware. The provision and use of the subscription service is governed by the Contract. PROJECT ROLES AND RESPONSIBILITIES OVERVIEW Motorola Project Roles and Responsibilities The Motorola Project Team will be assigned to the project under the direction of the Motorola Project Manager. Each team member will be engaged in different phases of the project as necessary. Some team members will be multi-disciplinary and may fulfill more than one role. In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by teleconference, web-conference, or other remote method in order to fulfill our commitments as outlined in this SOW. Our experience has shown customers who take an active role in the operational and educational process of their system realize user adoption sooner and achieve higher levels of success with system operation. The subsections below provide an overview of each Motorola Project Team Member. Project Manager (PM) The PM will be the principal business representative and point of contact for Motorola. The PM’s responsibilities may include but are not limited to: •Manage Motorola responsibilities related to the delivery of the project. •Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable. •Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable. •Conduct equipment inventory. •Discovery validation •Maintain project communications with the Customer. •Identify and manage project risks. •Coordinate collaboration of Customer resources to minimize project delays. •Evaluate project status against Project Schedule. •Conduct status meetings on mutually agreed upon dates to discuss project status. •Provide timely responses to Customer inquiries and issues related to project progress. •Conduct daily status calls with the Customer during Go-Live. Post Sales Engineer The Post Sales Engineer will work with the Customer’s Project Team on: •System provisioning. •Data Migration •Contracted data migration between two disparate digital evidence management systems (if applicable, additional fees may apply). QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 62 Item 14. Field Engineer (FE) The FE will work with the Customer’s Project Team on: •Inspect installation and configure hardware devices. •Provide instructions to the Customer on how to configure the hardware. •Review Deployment Checklist with the Customer. •Develop and submit a Trip Report. •Update Customer IP Map. Professional Services Engineer (if applicable) The Professional Services Engineer is engaged on projects that include integration between Motorola’s digital evidence management system and the Customer’s third-party software application. Their responsibilities include: •Delivery of the interface between Motorola’s digital evidence management system and the Customer’s third- party software (e.g. CAD). Technical Trainer / Instructor The Technical Trainer / Instructor provides training on-site or remote depending on the training topic and deployment services purchased. •Deliver provisioning education and guidance to the Customer for operating and maintaining their system. •Provide product education as defined by this SOW and described in the Education Plan. Motorola-Certified Installer (if applicable) The Motorola-certified installer is primarily responsible for installing in-car video systems (ICVs) into Customer vehicles. There are specific requirements the 3rd party partner must meet in order to be considered a Motorola- certified installer, and they include the following: •Required Training -WTG0501 - M500 Vehicle Installation Certification (Remote) or WTG0503 - M500 Vehicle Installation Certification (Live) Needs to be renewed yearly. Needs to be submitted to the PM by the technician completing the installation no less than thirty (30)days prior to the installation. -Review of any previous Motorola Solutions Technical Notifications (MTNs). •Optional Training -WGD00186 - M500 Installation Overview and Quick Start (NA) Not required for installation. Available for the installing technician. -WGD00177 - M500 In-Car Video System Installation Guide Not required for installation. Available for the installing technician. -MN010272A01 - M500 In-Car Video System Basic Service Manual Not required for installation. Available for the installing technician. Other responsibilities the Motorola-certified installer may be involved in include the installation of cellular routers or Access Points. These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 63 Item 14. Customer Support Services Team The Customer Support Services Team will provide on-going support to the Customer following Go-Live and final acceptance of the project. Customer Project Roles and Responsibilities Motorola has defined key resources that are critical to this project and must participate in all the activities defined in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact information for the roles listed below. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer Project Team will be engaged from Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the resources identified in this section, Motorola may be able to supplement these resources at an additional cost. Project Manager The PM will act as the primary point of contact for the duration of the project. In the event the project involves multiple locations, Motorola will work exclusively with the Customer’s primary PM. The PM’s responsibilities will include, but are not limited to: •Communicate and coordinate with other project participants. •Manage the Customer Project Team including subcontractors and third-party vendors. This includes timely facilitation of tasks and activities. •Maintain project communications with the Motorola PM. •Identify tasks required of Customer staff that are outlined in this SOW and the Project Schedule. •Consolidate all project inquiries from Customer staff to present to Motorola PM. •Approve a deployment date offered by Motorola. •Review Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities. •Measure and evaluate progress against the Project Schedule. •Monitor Project to ensure resources are available as required. •Attend status meetings. •Provide timely responses to issues related to project progress. •Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. •Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date. •Ensure Customer vendors’ readiness ahead of the deployment date. •Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department. •Identify a resource with authority to formally acknowledge and approve milestone recognition certificates, as well as, approve and release payments in a timely manner. •Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed. Temporary identification cards are to be issued to Motorola personnel, if required for access. •Ensure remote network connectivity and access for Motorola resources. •Assume responsibility for all fees pertaining to licenses, inspections and any delays associated with inspections due to required permits as applicable to this project. •Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service. •Ensure a safe working environment for Motorola personnel. •Identify and manage project risks. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 64 Item 14. •Provide signature(s) of Motorola-provided milestone recognition certificate(s) within ten (10) business days of receipt. IT Support IT Support manages the technical efforts and ongoing activities of the Customer’s system. IT Support will be responsible for managing Customer provisioning and providing Motorola with the required information for LAN, WAN and client infrastructure. The IT Support Team responsibilities include but are not limited to: •Participate in delivery and training activities to understand the software and functionality of the system. •Participate with Customer Subject Matter Experts (SMEs) during the provisioning process and associated training. •Authorize global provisioning decisions and be the Point of Contact (POC) for reporting and verifying problems. •Maintain provisioning. •Implement changes to Customer infrastructure in support of the proposed system. Video Management Point of Contact (POC) If CommandCentral DEMS Standard, CommandCentral DEMS Plus, or VideoManager EL Cloud device license(s) are included in the contract, the Video Manager POC will educate users on digital media policy, participate in Discovery tasks, and complete the Video Management Administration training. The Customer is responsible for its own creation and enforcement of media protection policies and procedures for any digital media created, extracted, or downloaded from the digital evidence management system. Subject Matter Experts (SMEs) SMEs are a core group of users involved with the analysis, training and provisioning process, including making decisions on global provisioning. The SMEs should be experienced users in their own respective field (evidence, dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on provisioning, workflows, and department policies related to the proposed system. Training POC The Training POC will act as the course facilitator and is considered the Customer’s educational monitor. The Training POC will work with Motorola when policy and procedural questions arise. They will be responsible for developing any agency specific training material(s) and configuring new users on the Motorola Learning eXperience Portal (LXP) system. This role will serve as the first line of support during Go-Live for the Customer’s end users. General Customer Responsibilities In addition to the Customer responsibilities listed above, the Customer is responsible for the following: •All Customer-provided equipment, including third-party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, connectivity etc. •Configure, test, and maintain third-party system(s) that will interface with the proposed system. •Establish an Application Programming Interface (API) for applicable third-party system(s) and provide documentation that describes the integration to the Motorola system (if applicable). QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 65 Item 14. •Coordinate and facilitate communication between Motorola and Customer third-party vendor(s) as required. •Mitigate the impact of upgrading Customer third-party system(s) that will integrate with the proposed system. Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action. •Upgrades to Customer’s existing system(s) in order to support the proposed system. •Providing a facility with the required computer and audio-visual equipment for training and work sessions. •Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customer- provided remote conferencing tool. Motorola is not responsible for any delays that arise from Customer’s failure to perform the responsibilities outlined in this SOW or delays caused by Customer’s third-party vendor(s) or subcontractor(s). NETWORK AND HARDWARE REQUIREMENTS The following requirements must be met by the Customer prior to Motorola installing the proposed system: •Provide network connectivity for the transfer and exchange of data for the proposed system. •Provide devices such as workstations, tablets, and smartphones with Internet access for system usage. Chrome is the recommended browser for optimal performance. •Provide and install antivirus software for workstation(s). •Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support. •Provide all environmental conditions such as power, uninterruptible power sources (UPS), HVAC, firewall and network requirements. •Ensure required traffic is routed through Customer’s firewall. Motorola is not responsible for any costs or delays that arise from Customer’s failure to meet network and hardware requirements. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 66 Item 14. PROJECT PLANNING A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific information to set clear project expectations and guidelines, as well as lay the foundation for a successful implementation. PROJECT PLANNING SESSION A Project Planning Session will occur after the Contract has been executed. The Project Planning Session is an opportunity for the Motorola and Customer PM to meet before the Project Kickoff Meeting and review key elements of the project and expectations. Depending on the items purchased, the agenda will typically include: •A high-level review of the following project elements: -Quoting/ordering documents -A summary of contracted applications and hardware as purchased. -Customer’s involvement in project activities to confirm understanding of scope and required time commitments. -Data Migration questionnaire if migration is included in the Solution -The Business Process Review (BPR), used to document system configuration, agency recording, and retention policies -A high-level Project Schedule with milestones and dates. •Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors. •Determine Customer location for Motorola to ship their equipment for installation. Motorola Responsibilities •Contact the customer to complete the Project Planning Session. •Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project’s success. •Baseline the Project Schedule, if applicable. •Document mutually agreed upon Project Kickoff Meeting Agenda. Customer Responsibilities •Identify Customer Project Team and any additional Customer resources that are instrumental to the project’s success. •Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda. •Provide approval to proceed with the Project Kickoff Meeting. Motorola Deliverables •Project Kickoff Meeting Agenda. •Data Migration Questionnaire (if applicable) •BPR Workbook QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 67 Item 14. PROJECT KICKOFF Motorola will work with the Customer to understand the impact of introducing a new solution and the preparedness needed for a successful implementation. Note – The IT Questionnaire is completed during the pre-sales process and prior to Contract award. The IT Questionnaire is given to Motorola at the time of offer acceptance. A delay in completing the IT Questionnaire may delay the shipment of equipment. Motorola will not be responsible for any delays associated with or related to the completion of the IT Questionnaire. Motorola Responsibilities •Review Contract documents including project delivery requirements as described in this SOW. •Discuss the deployment start date and deliver the Deployment Checklist. •Discuss the equipment inventory process •Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW. •Review resource requirements. •Provide the initial Project Schedule •Discuss Motorola remote system access requirements. •Review the BPR. •Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities. •Review the LXP training portal. •Request user information required to establish the Customer in LXP. •Review and agree on completion criteria and the process for transitioning to support. Customer Responsibilities •Provide feedback and approval on project delivery requirements and schedule. •Review the Deployment Checklist. •Review the roles of project participants to identify decision-making authority. •Validate non-disclosure agreements, approvals, and other related items are complete (if applicable). •Complete the BPR Workbook within 5 business days after the conclusion of the Project Kickoff for review during the Discovery Teleconference •Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities. •Provide Motorola with names and contact information of the designated LXP Administrator(s). Motorola Deliverables •Project Kickoff Meeting Minutes. •Deployment Checklist. DISCOVERY TELECONFERENCE During the Discovery Teleconference, Motorola will meet with the Customer to review information documented in the BPR Workbook. The Data Migration Questionnaire will also be reviewed if migration is part of the Solution. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 68 Item 14. Motorola Responsibilities •Facilitate Discovery Teleconference. •Confirm Customer-provided configuration inputs. Customer Responsibilities •Gather and review the information required to complete the BPR Workbook. •Schedule Customer Project Team and SMEs to attend the Discovery Teleconference. SMEs should be present to weigh in on hardware, software, and network components. Customer attendees should be empowered to convey policies and make modifications to policies as necessary. Motorola Deliverables •Completed BPR Workbook. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 69 Item 14. PROJECT EXECUTION HARDWARE PROCUREMENT AND INSTALLATION Motorola will procure contracted hardware as part of the ordering process. The hardware will be configured with a basic profile in line with the information provided by the IT Questionnaire or Discovery Teleconference for installation and configuration of the system. The Customer is responsible for providing an installation environment that meets manufacturer’s specifications for the hardware, which includes but is not limited to: •Power •Heating and Cooling •Network Connectivity •Access and Security •Conduit and Cabling Motorola Responsibilities •Procure contracted equipment and ship to the Customer's designated location. •Inventory equipment after arrival at Customer location •Conduct a power-on test to validate that the installed hardware is ready for configuration. •Verify remote connection to hardware. •Complete Deployment Checklist which outlines the activities completed during configuration and testing of system hardware. Customer Responsibilities •Procure Customer-provided equipment and make it available at the installation location. •Confirm the installation room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.). •Provide, install, and maintain antivirus software workstation(s). •Enable outgoing network connection (external firewall) to Motorola’s Cloud Evidence Management System by utilizing the Customer’s Internet connection. •Confirm access to Motorola’s Cloud Evidence Management System cloud on Customer-provided workstation(s). Motorola Deliverables •Contracted Equipment. •Equipment Inventory SVX Configuration as a Remote Speaker Microphone (if applicable) The Smart Dock(s) will be utilized to manage firmware updates on each SVX. In order for this process to be successfully completed, each Smart Dock must be connected to Motorola’s Cloud Evidence Management Solution through the Customer’s internet connection. Motorola Responsibilities •Configure Smart Dock(s) for connectivity to Motorola’s Cloud Evidence Management System. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 70 Item 14. •Verifying the SVX Smart Dock(s) are connected to Motorola’s Cloud Evidence Management System through the Customer’s network. The Customer is responsible for ensuring Motorola has the correct IP address(es) for configuring the Smart Dock(s), and the Customer’s network is operational. •Verify all slots in each Smart Dock are functional. •Provide documentation on how to pair the SVX(s) to Motorola APX NEXT and/or APX N70 radio(s) using Secure Near-Field Communications (NFC). Customer Responsibilities •Select physical location(s) for Smart Dock(s). •Provide network information (IP address, gateway, DNS, and subnet mask) to Motorola for each Smart Dock(s). •Enable Bluetooth, Bluetooth Tones, and Secure NFC Touch Pairing on Motorola APX NEXT and/or APX N70 radio(s). •Motorola recommends “Power Down Standby Mode (hrs) = 1” to allow the SVX Bluetooth connection to quickly reconnect after power up within the 1-hour timeframe. •Pair the SVX(s) to Motorola APX NEXT and/or APX N70 radio(s) using Secure NFC. •Validate functionality of components and solution utilizing the Deployment Checklist. •Provide Motorola remote connection information and necessary credentials. SVX Configuration as a Body Camera (if applicable) If CommandCentral DEMS Standard, CommandCentral DEMS Plus, or VideoManager EL Cloud device license(s) are included in the contract, the Smart Dock(s) will be utilized to configure each SVX as a body camera. Motorola Responsibilities •Configure SVX(s) within Motorola’s Cloud Evidence Management System. •Check out SVX(s) and create a test recording. •Verify video and audio upload to Motorola’s Cloud Evidence Management System for up to 25% of purchased SVX(s). •Provide a demonstration of client software. Customer Responsibilities •Validate functionality of components and solution utilizing the Deployment Checklist. •Provide Motorola remote connection information and necessary credentials. •The Customer will verify whether the Smart Docks(s) are connected to their network. •Verify video and audio upload to Motorola’s Cloud Evidence Management System for the remainder of purchased SVX(s). V700 Body Camera Configuration (if applicable) The Transfer Station(s) will be utilized to configure each V700 body camera according to the Business Process Review. In order for this process to be successfully completed, each Transfer Station must be connected to Motorola’s Cloud Evidence Management Solution through the Customer’s internet connection. Motorola Responsibilities •Configure Transfer Station(s) for connectivity to the digital evidence management system. •Verify the Transfer Station(s) is configured properly and connected to the network. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 71 Item 14. •Configure body camera(s) within the digital evidence management system. •Check out body camera(s) and create a test recording. •Verify video and audio upload to Motorola’s Cloud Evidence Management System for up to 25% of purchased V700(s). •Verify completion of upload from body-worn camera(s) after it is docked in a Transfer Station or USB dock. •Install and provide a demonstration of client software as part of the same on-site engagement as Go-Live, unless otherwise outlined in this SOW. Customer Responsibilities •Select physical location(s) for Transfer Station(s). •Provide and install workstation hardware. •Complete installation of client software on remaining workstations and mobile devices. •Validate functionality of components and solution utilizing the Deployment Checklist. •Provide Motorola remote connection information and necessary credentials. In-Car Video System Configuration (if applicable) The Motorola-certified installer will complete the installation of the in-car video (ICV) system(s) within the Customer-provided vehicle(s). The installer may also be responsible for installing cellular routers or WiFi radios inside the vehicle(s) for wireless upload of video to the Customer’s digital evidence management system. These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer. The Customer vehicles must be available for the FE to complete the configuration and testing of the contractual number of ICVs. If the Customer does not have all vehicles available during the agreed upon date and time, the Customer may opt to sign-off on the number of ICV configurations completed. If the Customer requires the FE to complete the full contractual number of ICVs at a later date and time, additional cost may be incurred. The following table shows the number of ICVs an FE is contractually obligated to configure and test based on the number of ICVs purchased. Table 1:Number of Contractual ICV Configurations Number of ICV Purchased Number of ICV to Test 1 1 2 2 3 3 4 4 5 - 25 5 26 - 50 10 51 - 75 15 76 - 100 20 101 - 150 30 QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 72 Item 14. Number of ICV Purchased Number of ICV to Test 151 - 200 40 201+ 20% Note – The Pricing Page will reflect in-car video installation services by Motorola if Motorola is responsible for the vehicle installations. Motorola Responsibilities •Setup ICV digital video recorder (DVR) configuration. •Create configuration USB used to complete ICV hardware configuration and validation. •Travel to the Customer site to conduct configuration and testing of ICVs. •The FE will verify whether the AP(s) are properly installed and connected to the network for in-car video system WiFi upload (if applicable). •Complete ICV configuration on a single vehicle, and validate the configuration with the Customer. •Receive Customer approval to proceed with remaining ICV configurations. •Complete remaining contracted vehicle configurations. •Test a subset of completed ICV hardware configurations. Motorola-Certified Installer Responsibilities (if applicable) These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer. •Complete the installation of ICV hardware in Customer provided vehicles. •Complete the installation of cellular router and confirm placement of antenna mounting with Customer (if applicable). •Install Customer-provided SIM card into cellular router and connect cellular router to ICV (if applicable). •Installation of Access Point(s) (APs) if provided by Motorola for in-car video system WiFi upload (if applicable). Customer Responsibilities •Provide Motorola with remote connection and access credentials to complete ICV hardware configuration. •Notify Motorola of the vehicle installation location. •Coordinate and schedule date and time for ICV hardware configuration(s). •Make ICV hardware available to Motorola for configuration and testing in accordance with the Project Schedule. •Provide cellular SIM Card for Internet connectivity to the installer at time of vehicle installation (if applicable). •Install Customer-supplied APs (if applicable). •Verify APs are properly installed and connected to the network (if applicable). Motorola Deliverables •Complete Functional Validation Plan as it applies to the proposed solution. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 73 Item 14. NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. If a Motorola-certified installer is not used to install the ICV(s), Motorola is not responsible for any errors in hardware installation, performance or delays in the Project Schedule. In the event the Customer takes on the responsibility of installing the ICV(s) through a Motorola-certified installer, Motorola is also not responsible for any errors in hardware installation, performance or delays in the Project Schedule. For ALPR installations, an MDT is required for all vehicles. M500 Automatic License Plate Recognition (ALPR) Configuration (if applicable) This section highlights the responsibilities of Motorola and the Customer when an M500 in-car video system interfaces with the VehicleManager database. Motorola Responsibilities •Create a Customer account in the VehicleManager system with user emails. •Verify the Customer has installed and launched the Vigilant Car Detector Mobile Software per the VehicleManager Quickstart Guide. •Provide Mobile ALPR - Officer Safety Basic and Advanced Pre-Installation Checklist. •Provide Agency Manager with Training Materials and Car Detector Mobile MDC software installation guide. •Advise Agency Manager of different options available to add new users. •Confirm Agency Manager is aware of registration required for Hotlists. •Confirm Agency Manager understands how to set up data-sharing. Customer Responsibilities •Identify the Agency Manager. •Register to receive access to Hotlists. Interview Recording System Configuration (if applicable) When installation services are included as part of the contract, the Motorola-certified installer will complete the installation of the Interview Recording System(s) within the Customer-provided location(s). The Customer location(s) must be available for the Motorola Resource and/or contracted third party to complete the configuration and testing of the contractual number of systems. If the Customer does not have all locations available during the agreed upon date and time, the Customer may opt to sign-off on the number of configurations completed. If the Customer requires the Motorola Resource and/or contracted third party to complete the full contractual number of systems at a later date and time, additional cost may be incurred. Motorola Responsibilities •Create configuration USB used to complete hardware configuration and validation. •Conduct configuration and testing of system(s). •Complete configuration on a single system, and validate the configuration with the Customer. •Receive Customer approval to proceed with remaining configurations. •Complete remaining contracted system configurations. •Test a subset of completed hardware configurations. •When installation services for Motorola-certified installer are in the contract, complete the installation of the Interview Recording System (if applicable). QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 74 Item 14. Customer Responsibilities •When installation services are being provided by the Customer, complete the installation of the Interview Recording System (if applicable). •Provide Motorola with remote connection and access credentials to complete hardware configuration. •Notify Motorola of the installation location. •Coordinate and schedule date and time for hardware configuration(s). •Make hardware available to Motorola for configuration and testing in accordance with the Project Schedule. Motorola Deliverables •Complete the Deployment Checklist and testing as it applies to the proposed solution. SOFTWARE AND CONFIGURATION CommandCentral DEMS (if applicable) CommandCentral DEMS software is a cloud solution that does not require an onsite server. Section 3.2 does not apply to existing Motorola customers using VideoManager EL Cloud. Motorola Responsibilities •Use information provided in BPR Workbook to configure CommandCentral DEMS software. •Based on Customer feedback, perform the following activities: •Create users, groups, and setup permissions. •Create event categories. •Set retention policies. •Test software using applicable portions of the Functional Validation Plan. •Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data. •Guide the Customer in the configuration of CommandCentral DEMS. •Ensure training POC can access the system. Customer Responsibilities •Supply access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral DEMS provisioning. •Respond to Motorola’s inquiries regarding users, groups, and agency mapping to CommandCentral DEMS. •Provision policies, procedures, and user permissions. •Configure evidence as directed by Motorola. •Verify traffic can be routed through Customer’s firewall and reaches end-user workstations. DATA MIGRATION SERVICES (IF APPLICABLE*) The Customer is responsible for partitioning data to be converted from Motorola on-premises digital evidence management system, or Customer’s Non-Motorola Digital Evidence Management System to Motorola’s cloud solution as part of this offer. The Customer will have ten (10) business days to provide feedback after Motorola validates the migrated data. If feedback is not received on or before ten (10) business days, Motorola will assume the migration is complete. *Data Migration Services may be subject to additional fees. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 75 Item 14. Motorola Responsibilities •Receive access to Customer video data. •Perform contracted data migration and validation. Customer Responsibilities •Provide 24/7 remote access to partitioned data to be migrated. •Customer hardware or virtualization environment will be the sole responsibility of the Customer to troubleshoot and resolve issues. •Validate migrated dataset and provide Motorola with feedback within ten (10) business days. Completion Criteria •A migrated dataset as defined in the Contract. Motorola On-Premises Evidence Management System (if applicable) Motorola supports data migration of digital assets and associated metadata from our on-premises evidence management systems, Evidence Library 4 and VideoManager EL On-Prem (formally known as Evidence Library 5), to Motorola’s cloud solution. Motorola Responsibilities •Verify compatible platform(s) and upgrade if applicable Customer Responsibilities •Provide internet connectivity from on-premises server to destination resources Non-Motorola Evidence Management System (if applicable) Motorola will perform data migration of digital assets and associated metadata from the Customer’s Non-Motorola Evidence Management system to the new Motorola Cloud Evidence Management System. Motorola Responsibilities •Facilitate the method of obtaining and consuming the data •Review data in the Motorola systems with the customer Customer Responsibilities •Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the Non- Motorola digital evidence management system. •Provide internet connectivity from on-premises server to destination resources, if applicable. •Provide API connection to the source, if applicable •Provide data and metadata information in a readable and consumable format •Assist with mapping metadata information into Motorola system INTEGRATIONS AND THIRD-PARTY INTERFACES (IF APPLICABLE) The integration between Motorola’s Cloud Evidence Management System and the Customer’s third-party system may consist of an iterative series of activities depending on the complexity of accessing the third-party system. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 76 Item 14. Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible for engaging third-party vendors as required to facilitate connectivity and testing of the interface(s). Motorola Responsibilities •Develop and configure interface(s) to support the functionality described in the Solution Description. •Establish and validate connectivity between Motorola and third-party systems. •Perform functional demonstration to confirm the interface(s) can transmit and receive data to the Customer’s digital evidence management system. Customer Responsibilities •Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the third- party system. •Provide personnel authorized to make changes to the network and third-party systems to support Motorola’s integration efforts. •Provide network connectivity between digital evidence management system and the third-party system(s). •Provide hardware to run any required interface components for on-prem interfaces when required. •Provide sample data and information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided to the Motorola PM within ten (10) business days of the Interface Engagement Meeting. NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulties with interfacing Motorola products to a third-party application. These difficulties could result in a poorly performing or non-functional interface. Providing Motorola with this information early in the deployment process, will potentially allow us to mitigate these issues. If the resolution requires additional third-party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third-party applications or Customer-provided third-party hardware or software. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 77 Item 14. SYSTEM TRAINING The objective of this section is to prepare for and deliver training. Motorola training consists of computer-based (online) and instructor-led (on-site or remote) depending on what is purchased. Our training delivery methods will vary depending on course content. Training will be delivered in accordance with the Education Plan. As part of our training delivery, Motorola will provide user guides and training materials in an electronic format. ONLINE TRAINING Online training is made available to the Customer through LXP. This subscription service provides customers with unlimited access to our online training content and provides users with the flexibility of learning the content at their own pace. Training content is added and updated on a regular basis to keep information current. Through LXP, a list of available online training courses, Motorola User Guides, and Training Material are accessible in electronic format. Motorola Responsibilities •Designate a LXP Administrator to work with the Customer. •Establish an accessible instance of LXP for the Customer. •Configure a Customer-specific portal view. •Organize content to align with Customer’s selected technologies. •Create initial Customer user accounts and a single Primary Administrator account. •During onboarding, assist the Customer with LXP usage. •Provide technical support for user account and access issues, LXP functionality, and Motorola managed content. •Provide instruction to Customer LXP Administrator on building groups. Customer Responsibilities •Provide user information for the initial creation of accounts. •Complete LXP Administrator training. •Ensure network and Internet connectivity for Customer access to LXP. •Customer's primary LXP Administrator is required to complete the following self-paced training: LXP Introduction (LXP0001), LXP Primary Site Administrator Overview (LXP0002), and LXP Group Administrator Overview (LXP0003). •Advise users on the availability of training through LXP. •Ensure users complete LXP training in accordance with the Project Schedule. •Build groups as needed. ON-SITE TRAINING Instructor-led courses are based on products purchased and the Customer’s Education Plan. On-site instructor- led classes will utilize the Customer’s hardware and software in order to provide the best training environment. This will allow the Customer to engage in an environment that has been configured and deployed in alignment with this SOW. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 78 Item 14. Motorola Responsibilities •Deliver User Guides and training materials in an electronic format. •Perform training in accordance with the Education Plan. •Provide the Customer with training attendance rosters and summarize any pertinent information that may impact end user training. Customer Responsibilities •Supply classroom(s) based on the requirements listed in the Education Plan. •Designate training representatives who will work with the Motorola trainer(s) to deliver the training content. •Facilitate training of all Customer end users in accordance with the Customer’s Education Plan. Motorola Deliverables •Electronic versions of User Guides and training materials. •Attendance rosters. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 79 Item 14. PROJECT GO-LIVE, CLOSURE, AND HANDOVER TO SUPPORT Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and functionality are in line with installation and configuration requirements. The Customer will witness the assigned Motorola Resource demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated. The Customer is considered Live on the system after the equipment has been installed, configured, and made available for use, and training has been delivered or made available to the Customer. Upon the conclusion of Go-Live, the project is prepared for closure. Project closure is defined as the completion of tasks and the Customer’s receipt of contracted components. The Deployment Checklist serves as the artifact that memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to formally close out the project. The Customer has ten (10) business days to provide Motorola with a signed System Acceptance Certificate. If the Customer does not sign off on this document or provide Motorola written notification rejecting project closure, the project will be deemed closed. Upon project closure, the Customer will engage with Technical Support for on-going needs in accordance with the Customer’s specific terms and conditions of support. Motorola Responsibilities •Provide the Customer with Motorola Technical Support engagement process and contact information. •Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support. •Ensure Deployment Checklist is complete. •Obtain Customer signature on the System Acceptance Certificate. Customer Responsibilities •Within ten (10) business days of receiving the System Acceptance Certificate, provide signatory approval signifying project closure. •Provide Motorola with the contact information of users who are authorized to engage Motorola’s Technical Support. •Engage Technical Support as needed. Motorola Completion Criteria Provide Customer with survey upon closure of the project. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 80 Item 14. ASSUMPTIONS This SOW is based on the following list of assumptions: •Motorola’s Cloud Evidence Management System must be connected to the Microsoft Entra ID (formally known as Microsoft Azure Active Directory) for user authentication to the application. Microsoft Entra ID can be synchronized with the Customer's on-premises Active Directory using Azure AD Connect. If the Customer is using Microsoft Office 365, Motorola will be able to integrate with this Microsoft Entra ID. -If Microsoft Entra ID is not utilized by the Customer, Motorola will provide a free version of Entra ID for user authentication to the application. •Must be 2003 or later for Microsoft Entra ID integration. •Upload Speed Requirements for SVX when used as a body camera: -5 Mbps + 3 Mbps per additional device. This assumes it will take 8 hours to upload 5 GB of video on a device. -40-50 Mbps per concurrent uploading device. This assumes video is required to upload within 30-40 minutes with approximately 5 GB to upload. •Cellular upload of ICVs and BWCs (if applicable) requires an Ethernet connection to an LTE modem in the vehicle. •If the Customer is supplying their own Access Point for ICV WiFi upload, it must be 5 GHz 802.11n compatible. QUOTE-3082900 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 81 Item 14. Page 1 of 1 To: Mayor and Town Council From: Ken Myers, Interim Police Chief Through: Mario Canizares, Town Manager Re: FY 2026 Taser Consolidation Town Council Meeting – May 19, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of tasers and associated supplies for the Prosper Police Department from Axon Enterprise, Inc., utilizing BuyBoard Contract #743-24 for $286,808.28. Description of Agenda Item: This item is being presented during the Fiscal Year 2025–2026 budget cycle to replace legacy Taser devices and consolidate four existing contracts into a single agreement. Consolidation will allow the Prosper Police Department to standardize one Taser model and manage the annual contract more efficiently. Budget Impact: The total cost of the Tasers and associated supplies is $286,808.28, to be paid over five years. Funding will be provided through the Police Department’s Tools and Equipment, Patrol Account (12022011-54000). 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. Axon Quote Town Staff Recommendation: Town Staff recommend the Town Council approve the purchase of tasers and associated supplies for the Prosper Police Department from Axon Enterprise, Inc., utilizing BuyBoard Contract #743- 24 for $286,808.28. Proposed Motion: I move to approve the purchase of tasers and associated supplies for the Prosper Police Department from Axon Enterprise, Inc., utilizing BuyBoard Contract #743-24 for $286,808.28. POLICE DEPARTMENT Page 82 Item 15. Page 1 Q-838994-46141BC Q-838994-46141BC Issued: 04/29/2026 Quote Expiration: 07/31/2026 Estimated Contract Start Date: 08/01/2026 Account Number: 129367 Payment Terms: N30 Mode of Delivery: AUTO-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Prosper Police Dept. - TX 801 Safety Way Prosper, TX 75078-9948 USA Prosper Police Dept. - TX PO Box 307 Prosper TX 75078-0307 USA Email: barrett_morris@prospertx.gov Bobby Clardy Phone: 4807404134 Email: bclardy@axon.com Fax: Barrett Morris Phone: 972) 569-1024 Email: bmorris@prospertx.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $11,324.31 TOTAL COST $286,808.28 ESTIMATED TOTAL W/ TAX $286,808.28 TOTAL SAVINGS $56,621.56 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic:(800) 978-2737 International: +1.800.978.2737 Page 83 Item 15. Page 2 Q-838994-46141BC Payment Summary Date Subtotal Tax Total Jul 2026 $13,549.14 $0.00 $13,549.14 Aug 2026 $2,964.42 $0.00 $2,964.42 Oct 2026 $30,237.61 $0.00 $30,237.61 Oct 2027 $59,051.48 $0.00 $59,051.48 Oct 2028 $59,051.48 $0.00 $59,051.48 Oct 2029 $60,335.21 $0.00 $60,335.21 Oct 2030 $61,618.94 $0.00 $61,618.94 Total $286,808.28 $0.00 $286,808.28 Page 84 Item 15. Page 3 Q-838994-46141BC Quote Unbundled Price:$343,432.00 Quote List Price:$275,872.00 Quote Subtotal:$286,808.28 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 $1.00 ($1,116.40)($1,116.40)$0.00 ($1,116.40) 100552 TRANSFER BALANCE - GOODS 1 $1.00 $28,214.68 $28,214.68 $0.00 $28,214.68 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 60 $113.51 $90.99 $86.57 $259,710.00 $0.00 $259,710.00 A la Carte Services 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,900.00 $0.00 $0.00 $0.00 $0.00 Total $286,808.28 $0.00 $286,808.28 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date TASER 10 CERTIFICATION STANDARD PLAN 100122 AXON VR - HEADSET - BATTERY 2 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100126 AXON VR - TACTICAL BAG 2 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 50 2 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 1 2 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100399 AXON TASER 10 - CARTRIDGE - LIVE 750 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100400 AXON TASER 10 - CARTRIDGE - HALT 350 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100591 AXON TASER - CLEANING KIT 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100616 AXON TASER 10 - HOLSTER - BLACKHAWK - RH 7 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100617 AXON TASER 10 - HOLSTER - BLACKHAWK - LH 43 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2)1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100748 AXON VR - CONTROLLER - TASER 10 2 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101123 AXON VR - HOLSTER - T10 SAFARILAND GRAY - LH 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 5 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101751 AXON VR - HEADSET - HTC FOCUS VISION 2 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 50 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 101757 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 30 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 102186 AXON TASER 10 - COMMAND BOX 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 20018 AXON TASER - BATTERY PACK - TACTICAL 50 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 07/01/2026 Page 85 Item 15. Page 4 Q-838994-46141BC Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date TASER 10 CERTIFICATION STANDARD PLAN 20018 AXON TASER - BATTERY PACK - TACTICAL 5 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 07/01/2026 TASER 10 CERTIFICATION STANDARD PLAN 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 07/01/2027 TASER 10 CERTIFICATION STANDARD PLAN 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 07/01/2028 TASER 10 CERTIFICATION STANDARD PLAN 101012 AXON VR - TAP REFRESH 1 - TASER CONTROLLER 2 1 01/01/2029 TASER 10 CERTIFICATION STANDARD PLAN 20373 AXON VR - TAP REFRESH 1 - HEADSET 2 1 01/01/2029 TASER 10 CERTIFICATION STANDARD PLAN 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 07/01/2029 TASER 10 CERTIFICATION STANDARD PLAN 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 07/01/2030 Software Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 CERTIFICATION STANDARD PLAN 101180 AXON TASER - DATA SCIENCE PROGRAM 50 08/01/2026 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 101703 AXON VR - USER ACCESS - TASER SKILLS 50 08/01/2026 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 20248 AXON TASER - EVIDENCE.COM LICENSE 50 08/01/2026 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 20248 AXON TASER - EVIDENCE.COM LICENSE 1 08/01/2026 07/31/2031 Services Bundle Item Description QTY TASER 10 CERTIFICATION STANDARD PLAN 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 50 TASER 10 CERTIFICATION STANDARD PLAN 101193 AXON TASER - ON DEMAND CERTIFICATION 50 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 CERTIFICATION STANDARD PLAN 100197 AXON VR - EXT WARRANTY - HEADSET 2 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 50 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 1 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 101007 AXON VR - EXT WARRANTY - TASER CONTROLLER 2 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 5 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 50 07/01/2027 07/31/2031 TASER 10 CERTIFICATION STANDARD PLAN 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 07/01/2027 07/31/2031 Page 86 Item 15. Page 5 Q-838994-46141BC Shipping Locations Location Number Street City State Zip Country 1 801 Safety Way Prosper TX 75078-9948 USA 2 801 Safety Way Prosper TX 75078-9948 USA Payment Details Jul 2026 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 1 100552 TRANSFER BALANCE - GOODS 1 $14,107.34 $0.00 $14,107.34 Annual Payment 1 100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 ($558.20)$0.00 ($558.20) Total $13,549.14 $0.00 $13,549.14 Aug 2026 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $2,964.42 $0.00 $2,964.42 Total $2,964.42 $0.00 $2,964.42 Oct 2026 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Annual Payment 1 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $16,688.47 $0.00 $16,688.47 Annual Payment 2 100552 TRANSFER BALANCE - GOODS 1 $14,107.34 $0.00 $14,107.34 Annual Payment 2 100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 ($558.20)$0.00 ($558.20) Total $30,237.61 $0.00 $30,237.61 Oct 2027 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 2 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Annual Payment 2 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $59,051.48 $0.00 $59,051.48 Total $59,051.48 $0.00 $59,051.48 Oct 2028 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 3 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Annual Payment 3 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $59,051.48 $0.00 $59,051.48 Total $59,051.48 $0.00 $59,051.48 Oct 2029 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Annual Payment 4 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $60,335.21 $0.00 $60,335.21 Total $60,335.21 $0.00 $60,335.21 Page 87 Item 15. Page 6 Q-838994-46141BC Oct 2030 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 5 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Annual Payment 5 C00032 TASER 10 CERTIFICATION STANDARD PLAN 50 $61,618.94 $0.00 $61,618.94 Total $61,618.94 $0.00 $61,618.94 Page 88 Item 15. Page 7 Q-838994-46141BC Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 743-24 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 89 Item 15. Page 8 Q-838994-46141BC Exceptions to Standard Terms and Conditions Agency has existing contract(s) originated via Quote(s): Q-346583, Q-370322, Q-426836, Q-480207, Agency is terminating those contracts effective 8/1/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon. The parties agree that Axon is applying a Transfer Balance of $27,098.28 -------------- Shipment Timing Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates. --- Refresh Shipment Timing Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply. --- Rewrite Estimates Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made. Rewrite Estimates Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made. Refresh Shipment Timing Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply. Page 90 Item 15. Page 9 Q-838994-46141BC Shipment Timing Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates. \s1\\d1\ Signature Date Signed 4/29/2026 Page 91 Item 15. Page 10 Q-838994-46141BC Page 92 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: Safe Streets and Roads for All (SS4A) Grant Program Application Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution authorizing the Town Manager, and/or his/her designee, to apply for the Safe Streets and Roads for All (SS4A) Grant Program. Description of Agenda Item: The U.S. Department of Transportation is accepting applications for the Safe Streets and Roads for All (SS4A) grant program. Applications are due May 26, 2026, for the FY 2026 grant program to be awarded on a competitive basis to support planning, infrastructural, behavioral, and operational initiatives to prevent death and serious injury on roads and streets for all users. This includes pedestrians, bicyclists, motorists and commercial vehicle operators. The Town’s application will be for the development of an Action Plan, which is a formal study that focuses on collecting data points to identify areas of safety concerns on roads and streets that the Town maintains. The aim of the Action Plan is to reduce and eliminate serious-injury and fatal crashes affecting all roadway users. Once the Action Plan is completed, having it will allow the Town to seek out future grant funding opportunities to implement the recommendations from the Action Plan. Budget Impact: The average award of the grant is approximately $300,000, and the Town is required to provide a 20% match ($60,000). If awarded, the recommendation would be to fund the match from the Traffic Improvements Project fund. 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. Resolution ENGINEERING SERVICES Page 93 Item 16. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve a Resolution authorizing the Town Manager, and/or his/her designee, to apply for the Safe Streets and Roads for All (SS4A) Grant Program. Proposed Motion: I move to approve a Resolution authorizing the Town Manager, and/or his/her designee, to apply for the Safe Streets and Roads for All (SS4A) Grant Program. Page 94 Item 16. 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 U.S. DEPARTMENT OF TRANSPORTATION FOR THE SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper finds it in the best interests of the citizens of the Town of Prosper (“Town”) that the Town submit a grant application for the Safe Streets and Roads for All (SS4A) Grant Program to be funded by the Infrastructure Investments and Jobs Act for the 2026 fiscal year; and WHEREAS, this grant program will assist this jurisdiction with the creation of an Action Plan to identify areas of safety concerns on roads and streets that the Town maintains; and WHEREAS, the Town agrees to provide applicable matching funds for said project as required by the Safe Streets and Roads for all (SS4A) grant application; and WHEREAS, the Town agrees that in the event of the loss or misuse of the grant funds, the Town agrees and assures that the funds will be returned to the U.S. Department of Transportation in full; and WHEREAS, the Town designates the Budget Officer & Grants Administrator, Colin Ashby or successor as the Authorized Official to apply for, accept, reject, alter, or terminate the grant application for the Safe Streets and Roads for all (SS4A) Grant Program and all other necessary documents to accept said grant on behalf of the Town; and WHEREAS, the Town designates Hulon Webb, Director of Engineering Services is designated as the Program Director and Marcus Northcutt is designated as the Financial Officer for this grant. 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 does hereby approve the submission of the grant application for the Safe Streets and Roads for all (SS4A) Grant Program. SECTION 3 This Resolution shall be effective from and after its passage by the Town Council. Page 95 Item 16. Resolution No. 2026-xx, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 19TH DAY OF MAY 2026. ___________________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 96 Item 16. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: NAFECO Bunker Gear Purchase Town Council Meeting – May 19, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon the purchase of bunker gear and protective clothing from North American Fire Equip. inc. DBA NAFECO, through BuyBoard Contract 798-26, in the amount of $67,165.60. (SB) Description of Agenda Item: This purchase provides a second set of bunker gear for firefighters to meet the new NFPA 1850 Standard which has been adopted and is being enforced by the Texas Commission on Fire Protection. Budget Impact: The cost for bunker gear and protective clothing is $67,165.60. This expenditure will be funded from Account No. 13030010-54200. Attached Documents: 1. Quotation NAFECO 2. Buyboard Contract #798-26 Town Staff Recommendation: Town Staff recommends the Town Council approve the purchase of bunker gear and protective clothing from North American Fire Equip. inc. DBA NAFECO, through BuyBoard Contract #798- 26, in the amount of $67,165.60. Proposed Motion: I move to approve the purchase of bunker gear and protective clothing from North American Fire Equip. inc. DBA NAFECO, through BuyBoard Contract #798-26, in the amount of $67,165.60.. FIRE DEPARTMENT Page 97 Item 17. North America Fire Equip. Inc. D.B.A. NAFECO P.O. Box 2928 Decatur, AL 35602-2928 (800) 628-6233 Quotation Q7526042231151 Date: 2026-04-22 Expires: 2026-05-22 FOB: Customer Number: PRO074 Customer Information: PROSPER FIRE DEPARTMENT Address: ATTN: SCOTT DILIBERTO 1500 E. FIRST STREET PH: 214-799-6610 PROSPER, TX 75078 Attention: SCOTT DILIBERTO Phone: 972-347-2424 Email: sdiliberto@prospertx.gov Prepared By: Carter Smith Qty Item #Description Each Total 16 CVFM/F Lion V-Force Coat, K7 Vented, Armor AP Gold Firefighter with Yellow Lettering and Trim $2,424.60 $38,793.60 16 PVFM/F Lion V-Force Pants, K7 Traditional, Armor AP Gold Firefighter with Yellow Lettering and Trim. Suspenders Included $1,773.25 $28,372.00 1 BUYBOARD Contract 798-26 $0.00 $0.00 Subtotal $67,165.60 Freight TBD Total $67,165.60 tax & freight to be determined Notes: Lion V- Force PSGQ10624-S P.O. # 26201008 Thank you for your business! NOTE: All accounts are subject to sales tax charges unless a valid state exempt certificate is on file with NAFECO, or provided at the time of the order. If you have any questions concerning this quote, please call our number listed above. Visit Us On The Internet At: nafeco.com M ailing: P.O. Box 2928, Physical: 2601 Be ltline Road De catur, AL 35602-2928, (800) 628-6233 Page 98 Item 17. BuyBoard Current Vendors - Texas Vendor Address Line 1 City State ZIP Effective Expiration Contract Noble Texas Builders(M)(E)(I)(T)108 South Main Street La Feria TX 78559 12/1/2021 11/30/2026 Regional Job Order Contracting (Gordian ezIQC) 660-21 Noble Texas Builders(M)(E)(I)(T)108 South Main Street La Feria TX 78559 4/1/2024 3/31/2029 Job Order Contracting (RSMeans) 728-24 Norcostco, Inc.(E)(I)(T)1231 Wycliff Avenue, Suite 300 Dallas TX 75207 12/1/2024 11/30/2027 Stage and Theater Curtains, Lighting, Sound Systems, and Supplies 752-24 NoRedInk Corp.(E)(I)(T)440 N Barranca Ave #2427 Covina CA 91723 11/1/2024 10/31/2027 Instructional Materials (Non-Adopted) for PK-12, Special Education, & Career and Technology 748-24 Nortex Concrete Lift and Stabilization Inc.(E)(I)(T) 201 NW 26th St Fort Worth TX 76164 12/1/2025 11/30/2028 Construction, Road and Bridge, and Other Related Equipment 788-25 North America Fire Equipment Co., Inc. dba NAFECO(E)(I)(T) PO Box 2928 Decatur AL 35602 7/1/2025 6/30/2028 Uniforms and Accessories 773-25 North America Fire Equipment Co., Inc. dba NAFECO(E)(I)(T) PO Box 2928 Decatur AL 35602 4/1/2026 3/31/2029 Public Safety and Firehouse Supplies and Equipment 798-26 North American Rescue Holdings, LLC dba North American Rescue, LLC (E)(I)(T) 35 Tedwall Ct. Greer SC 29650 4/1/2026 3/31/2029 Public Safety and Firehouse Supplies and Equipment 798-26 North American Rescue LLC(E)(I)(T)35 Tedwall Court Greer SC 29650 6/1/2023 5/31/2026 First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipment 704-23 North Houston Athletics, LLC(E)(I)(T)33318 Coe Ln Magnolia TX 77354 7/1/2025 6/30/2028 Awards, Trophies, and Personal Recognition Products 771-25 North Texas Trailers Llc dba North Texas Trailers(E)(I)(T) 955 E State Highway 121 Lewisville TX 75057 12/1/2025 11/30/2028 Trailers, Optional Equipment, Parts and Maintenance Repair Service 787-25 North Texas Winwater Co(E)(I)(T)1010 Industrial Way Dr Anna TX 75409 12/1/2024 11/30/2027 Building Maintenance, Repair, and Operations (MRO) Products and Supplies 756-24 NorthStar AV LLC dba NSAV Inc(E)(I) (T) 429 W Main St Patchogue NY 11772 2/1/2025 1/31/2028 Technology: Hardware Equipment and Products 760-25 Nouveau Emerging Solutions, LLC(E) (I)(T) 7750 N MacArthur Blvd. Irving TX 75063 6/1/2024 5/31/2027 Audio Visual Equipment and Supplies 739 -24 NSEC LLC dba National Stage Equipment Company(M)(E)(I)(T) 3854 Old Lorena Road Lorena TX 76655 12/1/2024 11/30/2027 Stage and Theater Curtains, Lighting, Sound Systems, and Supplies 752-24 5/8/2026 5:59 AM (M) - MWBE (E) - EDGAR Received (D) - Designated Dealer (I) - No Israel Boycott (T) - No Foreign Terrorist Orgs Page 99 Item 17. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Park Improvement Fee Agreement for Toll Southwest LLC, for the Legacy Gardens – Phases 3 and 4 Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Accelerate Infrastructure Delivery Agenda Item: Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Toll Southwest LLC, for Legacy Gardens – Phases 3 and 4. Description of Agenda Item: By Town Ordinance, developers in Prosper are assessed park improvement fees and park dedication fees for residential development. These park fees are used to acquire land and build parks, park amenities, and hike and bike trails. The grandfathered park improvement fee structure is $1,500 per single-family residential unit, and the number of lots divided by 35 or 5% of the development area which yields acreage for land dedication or a fee in lieu of the land dedication based on the land value. The developer of Legacy Gardens – Phases 3 and 4 is requesting consideration of an Agreement to: (1) Receive credits to the park improvement fees in exchange for constructing trail throughout their development. (2) Receive Park Dedication fees credit for .497 acres of land dedicated adjacent to Creekside Park. The Parks and Recreation Board will review and make a recommendation at their meeting on May 13, 2026. The Town Council previously reviewed this item at their March 10, 2026, work session. PARKS AND RECREATION Page 100 Item 18. Page 2 of 2 Budget Impact:  Park improvement fees credited – 270 lots @ $1,500 = $405,000.00  Park Dedication fees credited – 270 lots / 35 = 7.714 acres @ $187,271.41 / acres (per DCAD) = $1,445,611.66. This amount is greater than 5% of the development area (136.897 acres) totaling 6.845 acres.  Parkland dedication of .497 acres subtracted from 7.714 acres owed = 7.217 acres @ $187,271.41 / acres = $1,351,537.77 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Park Improvement Fee Agreement for Legacy Gardens – Phases 3 and 4 2. Town Attorney approval email Town Staff Recommendation: Town Staff recommend the Town Council approve a Park Improvement Fee Agreement between the Town of Prosper and Toll Southwest LLC, for Legacy Gardens – Phases 3 and 4. Proposed Motion: I move to approve a Park Improvement Fee Agreement between the Town of Prosper and Toll Southwest LLC, for Legacy Gardens – Phases 3 and 4. Page 101 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 1 of 41 PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) THIS PARK FEES 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, pursuant to the Parks, Recreation, and Open Space Master Plan (the “Park Plan”), Developer desires, subject to the terms and conditions set forth herein, to construct certain Project Trail Improvements (as defined in Subparagraph 3(a), below) to serve the Property (hereinafter defined) and may construct certain additional trail improvements further described herein; and WHEREAS, the Town has requested that Developer dedicate approximately 0.497 acres to the Town for park and recreation purposes, which land is more particularly described and depicted on Exhibit A-3 attached hereto and incorporated herein by reference for all purposes (the “Park Property”); and WHEREAS, Developer wishes to dedicate the Park Property to the Town subject to the terms hereof; and WHEREAS, the Town has agreed to accept and own the Park Property and perpetually maintain the Park Property, as further described herein; and WHEREAS, the Town and Developer agree that the Park Property benefits residents of the Project as well as residents of the Town, as a whole; and WHEREAS, Developer desires to fulfill its remaining Park Dedication (defined herein) obligations through payment of the Park Fee In Lieu (defined herein) and its Park Improvement Fee (defined herein) obligations required by Section 10.03.150, Article 10.03 of Chapter 10 of the Town’s Code of Ordinances, as now existing or as may hereafter be amended (the “Park Ordinance”), associated with the development of the Property as further detailed in Paragraph 2 herein; and WHEREAS, in an effort to facilitate the conveyance of the Park Property and the construction of certain trail improvements, the Parties have agreed to the terms and provisions of this Agreement; and Page 102 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 2 of 41 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 trail 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: 1. Land Subject to Agreement. The land that is subject to this Agreement is that certain real property in the Town of Prosper more particularly described on Exhibit A-1 attached hereto and incorporated herein by reference for all purposes and depicted on Exhibit A-2 attached hereto and incorporated herein by reference for all purposes (the “Property”). 2. Park Property Conveyance and Dedication; Assessments. (a) Park Property Conveyance and Dedication. Developer shall, at its sole cost and expense, dedicate and convey the Park Property to the Town by separate instrument prior to final inspection approval for the first residential home within the Project (excluding any model homes). The Town shall receive fee simple title to the Park Property. For the avoidance of doubt, conveyance and dedication of the Park Property will not be required as a condition to approval or recording of the final plat or issuance of building permits for development within the Property. (b) Assessments. Subject to the provisions of this Agreement, including this Subparagraph 2(b), the Property shall be assessed (i) park improvement fees in the amount of $1,500 per single family lot, with such assessed fee to be adjusted based on the actual number of residential lots as shown on the final, recorded plat(s) for the Property (the “Park Improvement Fee”); and (ii) a payment of money in lieu of conveying land for the development of park facilities, including trails and certain sidewalks, required under the Park Ordinance (“Park Dedication”) in the amount of One Million Three Hundred Fifty-One Thousand Five Hundred Thirty-Seven and 77/100 Dollars ($1,351,537.77) (“Park Fee In Lieu”, and collectively with the Park Improvement Fee, the “Park Fees”). Based on the current lot count for the Project of 270 lots, the Parties estimate that the Park Improvement Fee will be Four Hundred Five Thousand and 00/100 Dollars ($405,000.00). The calculation for the Park Fee In Lieu is detailed below. For clarification purposes, the calculation of the Park Fee In Lieu factors in (i.e., subtracts) the amount of Park Dedication that will be provided via dedication of the Park Property, as detailed below. (i) Legacy Gardens Phases 3 & 4 – 270 lots @ 1 acre per 35 lots = 7.714 acres less 0.497 acres Park Property to be dedicated to the Town = 7.217 acres. Land valuation of $187,271.41/ acre per Denton Central Appraisal District valuation. Fee in lieu of = $1,351,537.77. Page 103 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 3 of 41 The Town agrees that dedication of the Park Property plus the Park Fee In Lieu as calculated herein shall fully satisfy all requirements for Park Dedication or payment of a fee in lieu thereof under the Park Ordinance and no further Park Dedication, any further amount of fee in lieu (in excess of the Park Fee In Lieu set forth herein) or any further amount of park fees shall be required for development of the Property other than as expressly set forth herein. The Town’s Director of Parks and Recreation agrees to the determination of the amount of the Park Fees as set forth herein. Payment of the Park Fees shall be made prior to filing of a final plat(s) or replat(s) for the Property, subject to credit and/or reimbursement as provided in Paragraph 6 herein. 3. Project Trail Improvements. (a) As a condition to receipt of the Park Fees Credit & Reimbursement (as 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 6 below, construct and install or cause the construction and installation of (i) approximately 8,328 linear feet of 10-foot-wide meandering concrete trail; (ii) approximately 1,044 linear feet of 12-foot-wide meandering concrete trail; (iii) approximately 72 linear feet of 8-foot trail stubs; (iv) and approximately 4,398 linear feet of 6-foot-wide sidewalk, each in the locations generally depicted on Exhibit B-1 and Exhibit B-2 attached hereto and incorporated herein for all purposes (collectively, the “Project Trail Improvements”). Developer shall not be required to fund or provide any trails or other park facilities for the Project in addition to or beyond the scope of the Project Trail Improvements described herein. Developer may complete or cause the completion of the Project Trail Improvements after recording of the final plat(s) for the Property (subject to Subparagraph 3(d)). (b) Developer shall construct each portion of the Project Trail Improvements in accordance with this Agreement and otherwise in accordance with Town-approved engineering plans, specifications and designs. The description of the Project Trail Improvements in Subparagraph 3(a) and/or location(s) of such improvements shown on Exhibit B-1 and Exhibit B-2 may be modified by the engineering plans for the Project Trail Improvements as the design is further refined, and minor modifications to such description herein and/or location shown on Exhibit B-1 and Exhibit B-2 may be approved by the Town’s Director of Parks and Recreation without requiring an amendment of this Agreement. Notwithstanding the foregoing, in no event shall Developer be required to construct any additional trail improvements or facilities within or related to the Project in excess of the scope of the Project Trail Improvements as described herein. (c) 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 Project Trail Improvements, any trees are required to be removed pursuant to the Town approved plans and specifications for construction of the Project Trail 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. Page 104 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 4 of 41 (d) The Town agrees that the construction and/or completion of the Project Trail Improvements may occur after the approval and recordation of the final plat(s) related to such (the “Postponed Improvements”) at the election of the Developer; provided that, as permitted under Section 10.03.116 of Ch. 10, Subdivision Regulations, Article 10.03 Subdivision Ordinances, Division 5 Construction Plan and Procedures of the Code of Ordinances, Town of Prosper, Texas (“Town’s Code of Ordinances”) (“Section 10.03.116”), in the event of the existence of Postponed Improvements, the Developer shall provide security at the time of the recording of the applicable final plat(s) for the completion of such Postponed Improvements in accordance with the requirements of Section 10.03.116. Upon the issuance of the applicable security in accordance with this subparagraph, the Town will approve and record the final plat(s) related to the applicable Postponed Improvement(s). In no event shall the existence of any Postponed Improvement(s) result in a delay in the issuance of permits, approving and/or recording a plat, or a delay in other requisite approvals so long as the Developer has provided the above-referenced security. For the avoidance of doubt, Developer will not be required to provide a security for the Hope Trail Improvements (hereinafter defined) regardless of whether or not such improvements are completed prior to or after recording of a final plat for the Property (i.e., the Hope Trail Improvements will not be tied to any plat or approval of permits for the Property). 4. Hope Trail Improvements. (a) Prior to the date hereof, Hope Fellowship Ministries, Hope Fellowship Church or an affiliate (the “Hope Party”), as the owner (or on behalf of the owner) of certain real property adjacent to the Property, escrowed funds with the Town (the “Hope Escrow”) as security for the construction and completion of certain trail improvements (the “Hope Trails”) within the area generally depicted as a 20’ Trail Easement (the “Existing Hope Trail Easement”) on that certain Final Plat of Hope Fellowship Addition, Lot 1, Block A, recorded as Instrument No. 2023010000338 on August 9, 2023 in the Plat Records of Collin County, Texas (the “Hope Plat”). As of the date hereof, the Town confirms that Forty-Eight Thousand Forty-Eight and 00/100 Dollars ($48,048.00) remain in the Hope Escrow (the “Hope Escrow Funds”). The Developer shall have the right, in its sole discretion, to elect to construct certain trail improvements within Lot 1, Block A of the Hope Plat (the “Hope Property”), which trail improvements consist of approximately 805 linear feet of 12-foot-wide meandering concrete trail proposed to be located as generally depicted as the “Hope Fellowship Trail Portion” on Exhibit C or as such location may be modified as provided herein (subject to any modifications as described herein, the “Hope Trail Improvements”). If Developer elects to construct the Hope Trail Improvements, the Project Trail Improvements and Hope Trail Improveme nts will be collectively be referred to herein as the “Trail Improvements”; and, if Developer does not elect to construct the Hope Trail Improvements, the term “Trail Improvements” will exclude the Hope Trail Improvements and shall be synonymous with the term Project Trail Improvements. By way of clarification, Developer is not obligated to construct the Hope Trail Improvements and it shall not be a default hereunder or a condition to any development approval for the Property if Developer does not construct the Hope Trail Improvements, or any portion thereof for any reason; however, if Developer does not construct the Hope Trail Improvements, Developer will not be eligible for credit or reimbursement for the Hope Page 105 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 5 of 41 Trail Improvements. If Developer only constructs a portion of the Hope Trail Improvements, then Developer will only be eligible for credit or reimbursement for the portion of the Hope Trail Improvements that Developer constructs. For clarification purposes, the location for the Hope Trail Improvements proposed by Developer on Exhibit C is located within a portion of the Existing Hope Trail Easement, but does not fully align with the Existing Hope Trail Easement, primarily due to Developer’s effort to avoid damaging certain trees within the Hope Property that would be required if the trail remained within the Existing Hope Trail Easement. If Developer elects to construct the Hope Trail Improvements, the Parties either anticipate seeking to obtain a separate easement that would cover any portion of the Hope Trail Improvements as shown on Exhibit C that is not located within the Existing Hope Trail Easement or pursuing a potential amendment to the Hope Plat to revise the Existing Hope Trail Easement to the location of the Hope Trail Improvements as shown on Exhibit C. In the instance that Developer or the Town are not able to obtain an amendment of the Hope Plat or otherwise obtain the aforementioned easements, the Parties acknowledge that the Hope Trail Improvements may be located in an alternate location than the location shown on Exhibit C. Therefore, notwithstanding the location of the Hope Trail Improvements shown on Exhibit C, at Developer’s election, Developer may alternatively choose to construct the Hope Trail Improvements (1) within the bounds of the Existing Hope Trail Easement without any further approval by the Town required; or (2) at another location within the Hope Property proposed by Developer, subject to approval of the Town’s Director of Parks and Recreation and being able to obtain any necessary third-party easements. (b) 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 Hope Trail Improvements, any trees are required to be removed pursuant to the Town approved plans and specifications for construction of the Hope Trail 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. (c) The estimated construction costs for the Hope Trail Improvements are approximately Eighty-Three Thousand Three Hundred Seventeen and 50/100 Dollars ($83,317.50), as more particularly described in Exhibit D-2, attached hereto and incorporated herein for all purposes (the “Estimated Hope Trail Improvements Construction Costs”). As such, if Developer elects to construct the entirety of the Hope Trail Improvements, an amount equal to the entirety of the Hope Escrow Funds will be disbursed to Developer and any remaining Hope Trail Improvements construction costs (in excess of the Hope Escrow Funds) for the Hope Trail Improvements will b e credited or reimbursed to Developer in accordance with Paragraph 6. Developer acknowledges and agrees that Town is relying on Developer’s engineer’s representation and warranty that the Estimated Hope Trail Improvements Construction Costs are as describe d in Exhibit D-2. 5. Easements. Page 106 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 6 of 41 (a) Prior to or substantially concurrent with the Town’s acceptance of the Project Trail Improvements, Developer agrees to convey to the Town pedestrian access easements or sidewalk easements for the portions of the Project Trail Improvements within the bounds of the Property by plat or separate instrument in accordance with applicable Town subdivision ordinances. (b) Project Third-Party Rights-of-Way and/or Easements. 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 Project Trail 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 Project Trail Improvements (the “Project Third-Party Improvement Rights- of-Way and/or Easements” and “Project Third-Party Temporary Construction Easements,” respectively), including without limitation such rights-of-way and/or easements for the area depicted on Exhibit E, attached hereto and incorporated herein for all purposes, which are necessary or appropriate for timely construction, completion and dedication of the Project Trail Improvements. (i) Developer’s Responsibilities. Developer shall be responsible for any and all costs and expenses associated with acquiring, by purchase or condemnation, all Project Third-Party Improvement Rights-of-Way and/or Easements and Project Third-Party Temporary Construction Easements (collectively, the “Project Third-Party Rights-of-Way and/or Easements”), if any, including, but not 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”); provided that all such costs shall be eligible for credit or reimbursement described in Paragraph 6 below. If requested by the Town, Developer shall, at its sole cost and expense (but subject to credit or reimbursement, as described below), lead all acquisition efforts for the Project Third-Party Rights-of-Way and/or Easements (subject to the Town’s obligations in Subparagraph 5(e) herein), including, but not limited to, providing all necessary engineering and surveying support required to obtain the Project Third-Party Rights-of-Way and/or Easements as required for the Project Trail Improvements. 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. (ii) Town’s Rights and Responsibilities. The Town will, at Developer’s sole cost and expense (but subject to credit or 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 Project Third-Party Rights-of-Way and/or Easements. The Town shall review and Page 107 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 7 of 41 approve any and all documents associated with the Project Third-Party Rights-of-Way and/or Easements required herein. If condemnation proceedings are necessary to secure the Project 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 5(e) below), the Town shall have the right to, at Developer’s sole cost and expense (but subject to credit or reimbursement, as described below), take any and all steps the Town deems necessary to initiate said proceedings. (c) Hope Trail Third-Party Rights-of-Way and/or Easements. If Developer elects to construct the Hope Trail Improvements, the Parties agree to 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 Hope Trail Improvements (or any portion(s) thereof), including, but not limited to, permanent rights-of-ways and/or easements located on real property owned by one or more third party(ies) and any requisite or desirable temporary construction easements related to the Hope Trail Improvements (the “Hope Trail Third-Party Improvement Rights-of-Way and/or Easements” and “Hope Trail Third- Party Temporary Construction Easements,” respectively). Developer shall be responsible for any and all costs and expenses associated with acquiring, by purchase or condemnation, all Hope Trail Third-Party Improvement Rights-of-Way and/or Easements and Hope Trail Third-Party Temporary Construction Easements (collectively, the “Hope Trail Third-Party Rights-of-Way and/or Easements” and with the Project Third- Party Rights-of-Way and/or Easements, the “Third-Party Rights-of-Way and/or Easements”), if any, including, but not limited to, purchase cost, title examination, appraisals, expert fees, attorneys’ fees and expenses, en gineering fees and expenses, surveying fees and expenses, court costs, commissioners’ fees and costs of appeal, if any related to the same; provided that all such costs shall be eligible for credit or reimbursement described in Paragraph 6 below. (d) Any requisite Third-Party Right-of-Way and/or Easements shall be filed and recorded prior to the commencement of construction of the applicable portion(s) of the Trail Improvements that are or will be subject to a third party right -of-way or easement, if any (such portion(s) of the Trail Improvements, including the Hope Trail 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 Trail Improvements or any portion thereof. (e) If the Project Third-Party Rights-of-Way and/or Easements are necessary for the full construction of the Project Trail Improvements and 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 Parties, the l and made the subject of the Project Third-Party Rights-of-Way and/or Easements (or any Page 108 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 8 of 41 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 Project Third-Party Rights-of-Way and/or Easements as soon as reasonably possible. Notwithstanding anything to the contrary herein, the Town and Developer agree that the Town may, in its sole discretion, initiate condemnation proceedings prior to the expiration of the ninety (90) days referred to in this Subparagraph 5(e). For the avoidance of doubt, if the Town fails to fulfill its obligations under this Subparagraph 5(e), Developer shall be released from all obligations related to the construction of the Offsite Improvements portion of the Project Trail Improvements, the definition of Project Trail Improvements hereunder shall exclude the Offsite Improvements and the rights of the Developer to the Park Fees Credit & Reimbursement (defined below) for the remaining Project Trail Improvements shall not be affected. By way of clarification, if Developer is not able to obtain any of the Hope Trail Third-Party Rights-of-Way and/or Easements, Developer may choose not to construct the Hope Trail Improvements (or applicable portion thereof), in its discretion, or may construct the Hope Trail Improvements in a different location as contemplated in Subparagraph 4(a) herein. 6. Trail Improvements Credits & Reimbursement. (a) Provided Developer completes or causes the completion of Trail Improvements in accordance with this Agreement, Developer shall receive credits against the Park Fees due for development within the Property (“Park Fee Credit”) or reimbursements for any amount of the Park Fees already paid for development within the Property (the “Park Fee Reimbursement”, and collectively with the Park Fee Credit, the “Park Fees Credit & Reimbursement”) in a total amount equal to (i) the full amount of the actual construction costs associated with the Project Trail Improvements that will be reimbursed in full to Developer, shown on Exhibit B-1; (ii) the actual construction costs associated with the Project Trail Improvements shown on Exhibit B-2 less the construction costs of a standard width sidewalk for each portion of such trail, as applicable, based on the Town’s baseline design standard for the type of street each respective portion of trail is located along or adjacent to (as further described herein) (the “Trail Upsize Costs”); and (iii) the amount of the actual construction costs of the Hope Trail Improvements in excess of $48,048.00 (which $48,048.00 will be reimbursed to Developer via separate funds as provided in Subparagraph 6(b) below) ((i), (ii) and (iii) collectively, the “Credit/Reimbursement Amount”). For purposes of calculating the Trail Upsize Costs for subparagraph 6(a)(ii) herein, the Town’s baseline design standard is that a standard width sidewalk is five feet (5’) on residential streets and residential collector streets, and six feet (6’) on major and minor thoroughfares (in this case specifically, interim major thoroughfare 4/6LD, minor thoroughfare 4LD, and major thoroughfare 6LD). The portions of the Project Trail Improvements located on a residential street versus residential collector street versus a major thoroughfare or minor thoroughfare are identified on Exhibit B-2 herein. Exhibit D-1 herein shows how to calculate the Trail Upsize Costs based on the standard width sidewalk for each portion of such trails and an estimate of the combined total credit or reimbursement for subparagraphs 6(a)(i) and 6(a)(ii) herein. The estimates Page 109 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 9 of 41 shown on Exhibit D-1 are for illustration purposes and shall not limit the Credit/Reimbursement Amount, which will be based on actual construction costs. The estimated total Project Trail Improvements construction costs are approximately One Million Ninety-One Thousand Four Hundred Seven and 50/100 Dollars ($1,091,407.50), as more particularly described in Exhibit D-1, attached hereto and incorporated herein for all purposes. Out of the total estimate, the estimated amount of credit or reimbursement of Park Fees for the Project Trail Improvements construction costs (representing Subparagraphs 6(a)(i) and 6(a)(ii) herein) is approximately Five Hundred Thirty-Five Thousand Nine Hundred Thirty-Three and 75/100 Dollars ($535,933.75), as more particularly described in Exhibit D-1, attached hereto and incorporated herein for all purposes (the “Estimated Reimbursable Project Trail Improvements Construction Costs”). The estimated amount of credit or reimbursement of Park Fees for the Hope Trail Improvements is Thirty-Five Thousand Two Hundred Sixty-Nine and 50/100 Dollars ($35,269.50) (which represents the estimated amount of construction costs for the Hope Trail in excess of the Hope Escrow Funds). By way of clarification, if the Trail Improvements are completed prior to collection of Park Fees, then Developer will receive the Park Fee Credit, and if the Trail Improvements are completed after collection of Park Fees, then Developer will receive the Park Fee Reimbursement. The Town will apply the Park Fee Credit or Park Fee Reimbursement, as applicable, to the Park Improvement Fee first. If the total Credit/ Reimbursement Amount is greater than the Park Improvement Fee, then the Town shall apply the remaining Park Fee Credit or Park Fee Reimbursement, as applicable, to the Park Fee In Lieu. The Town will provide the Developer with the Park Fees Credit & Reimbursement within thirty (30) days following the date Developer has provided the Town with Evidence of Payments (hereinafter defined) evidencing any Trail Improvement Costs in accordance with Subparagraph 6(c) herein. For the avoidance of doubt, the Park Fees Credit & Reimbursement is not limited by the Estimated Reimbursable Project Trail Construction Costs and, if applicable, the Estimated Hope Trail Improvements Construction Costs, which are 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), including without limitation costs for trail pavement and construction of any Barrier Free Ramps; engineering costs; surveying costs; costs for any easements (including without limitation the Third-Party Rights-of-Way and/or Easements); landscape architecture fees and costs; inspection fees; maintenance bonds; staking costs; geotechnical materials testing associated with the Trail Improvements or any portion thereof; and any other costs not listed herein but shown on Exhibit D-1 and, as applicable, Exhibit D-2. (b) Provided Developer completes or causes the completion of the Hope Trail Improvements, the Town shall provide Developer with a payment equal to the amount of the actual construction costs for the Hope Trail Improvements up to $48,048.00, or a direct disbursement of the Hope Escrow Funds equal to the same amount (the “Escrow Disbursement”). The Town shall provide the Escrow Disbursement within thirty (30) days following the date Developer has provided the Town with the Evidence of Payments evidencing the Trail Improvement Costs attributable to the Hope Trail Improvements. For Page 110 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 10 of 41 the avoidance of doubt, any actual construction costs for the Hope Trail Improvements in excess of $48,048.00 will be credited or reimbursed to Developer in accordance with Subparagraph 6(a) above. For illustrative purposes, please see the chart below for the allocation of funds for credit or reimbursement, as applicable, of the Hope Trail Improvements; provided that the Credit/ Reimbursement Amount is not limited by such estimate. Estimated construction costs for the Hope Trail Improvements $83,317.50 Amount to be reimbursed from the Hope Escrow Funds ($48,048.00) Amount estimated to be reimbursed as part of the Park Fees Credit & Reimbursement ($35,269.50) (c) Prior to receiving any credit or reimbursement described in this Paragraph 6 or any applicable disbursement(s) of the Hope Escrow Funds, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, that all of the actual construction costs of the Trail Improvements that Developer is seeking credit or reimbursement for (the “Trail 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 (the “Evidence of Payment(s)”). (d) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE PARK FEES CREDIT & REIMBURSEMENT FOR ANY CONSTRUCTION COSTS ASSOCIATED WITH THE TRAIL IMPROVEMENTS UNLESS AND UNTIL DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S) EVIDENCING THE TRAIL IMPROVEMENT COSTS IN ACCORDANCE WITH SUBPARAGRAPH 6(C) HEREIN. 7. Trail Improvements Maintenance Obligations. (a) Upon completion of the Project Trail Improvements, Developer will dedicate the Project Trail Improvements to the Town and will dedicate pedestrian access easements or sidewalk easements for the Project Trail Improvements on the final plat(s) for the Property or via separate instrument. From and after completion of the Project Trail Improvements, or any portion thereof, the Town will be responsible for all maintenance, repair and operation of the Project Trail Improvements, including costs related thereto; provided that, except for any area within the Park Property (which will be the Town’s maintenance responsibility in accordance with Paragraph 8 herein), the HOA (as defined below) will be responsible for maintaining the area around the trail, including mowing any grass in accordance with the applicable HOA governing documents. Developer will secure or shall cause its contractor to secure a maintenance bond that guarantees payment of the costs of any repairs that may become necessary to any part of the construction work performed in connection with the Project Trail Improvements, arising Page 111 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 11 of 41 from defective workmanship or materials used therein, for a period of two (2) years from the date of the Town’s acceptance of the Project Trail Improvements. (b) If Developer elects to complete the Hope Trail Improvements, upon completion, the Town agrees to accept the Hope Trail Improvements and will be responsible for all maintenance, repair and operation of the Hope Trail Improvements, including costs related thereto. 8. Town’s Park Property Obligations. From and after Developer’s conveyance of the Park Property to the Town, the Town shall own the Park Property and will be responsible in perpetuity for all maintenance, repairs, upkeep, r enovation, replacement and operation costs and expenses of the Park Property together with any improvements thereto (including without limitation landscaping). The Town will be responsible for any use of or activities occurring within the Park Property. 9. 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 9(i), 9(ii) or 9(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 i n part, the purchaser thereof shall have no rights or obligations under this Agreement and this Agreement shall not apply with respect to such land. 10. Default. Prior to the exercise of any remedy by the Town or Developer due to a default by either of the Parties, (i) the non-defaulting party shall deliver a written notice to the defaulting party formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s) identified in the default notice shall not be a default hereunder and the non-defaulting party shall not exercise any remedy if the default is cured within forty-five (45) days following the defaulting party's receipt of such default notice; provided, however, that if such default is non -monetary and cannot reasonably be cured within such forty-five (45) day period, the defaulting party may have a reasonable period of time to cure such default if the defaulting party commences action to cure such Page 112 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 12 of 41 default within such period of forty-five (45) days and thereafter diligently proceeds to cure such default (the “Cure Period”). For the avoidance of doubt, a Party shall not be in default under this Agreement if, within the Cure Period, such Party begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding anything to the contrary, the Parties agree that if a Developer default is not cured within the Cure Period, the sole and exclusive remedy of the Town will be to terminate this Agreement. In the event Town fails to cure a default within the Cure Period, Developer may seek specific enforcement of this Agreement, terminate this Agreement or pursue any other remedies available at law or in equity. In the event this Agreement is terminated pursuant to this paragraph, the Parties will not have any further rights, duties or obligations under this Agreement, except that any obligations or liabilities that accrued prior to the date of termination will survive. 11. 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. 12. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the Park Fees as described in the Park Ordinance 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. 13. 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. 14. 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, subject to Paragraph 9 herein. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. 15. 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; (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 Page 113 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 13 of 41 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 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: 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 16. 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). Page 114 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 14 of 41 17. 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. 18. 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. 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. 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. 21. 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. 22. 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 oth er 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. 23. 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 or credit), 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 Page 115 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 15 of 41 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”). 24. 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. 25. 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 bi nd 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. 26. Mediation. The Parties shall attempt in good faith to resolve any disagreement or conflict concerning this Agreement, including but not limited to an y 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 pursue any applicable remedies allowed in accordance with the terms of this Agreement. 27. Indemnification. FROM THE EFFECTIVE DATE OF THIS AGREEMENT TO THE DATE ON WHICH ALL WORK WITH RESPECT TO THE TRAIL IMPROVEMENTS IS COMPLETED AND ALL TRAIL 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 (EACH AN “INDEMNIFIED PARTY”) 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 Page 116 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 16 of 41 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 TRAIL 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. 28. 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 27 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 27 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. 29. Survival. Paragraph 27, “Indemnification,” shall survive the termination of this Agreement. 30. 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. 31. 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 th at the language herein is to be construed against any Party shall not apply. 32. 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. Page 117 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 17 of 41 33. 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 natur e 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 a nd 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 trails for the Property. 34. 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. 35. 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. 36. Captions and Headings. The captions and headings of the paragraphs and subparagraphs 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. 37. 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 118 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 18 of 41 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 119 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 19 of 41 Toll Southwest LLC, a Delaware limited liability company By: _____________________________ Name: David M. “Mike” Boswell Title: Vice President of Land Development STATE OF TEXAS § § COUNTY OF ______ § Before me, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared David M. “Mike” Boswell, Vice President of Land Development, of Toll Southwest LLC, a Delaware limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated, on behalf of such entity. Given under my hand and seal of office this _____ day of _______________, 2026. _____________________________________ Notary public in and for the State of ________ My commission expires: _________________ Page 120 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 20 of 41 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 121 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 21 of 41 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 122 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 22 of 41 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 123 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 23 of 41 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 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 124 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 24 of 41 Tract 2 Property Legal Description Page 125 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 25 of 41 Page 126 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 26 of 41 EXHIBIT A-2 TRACT 1 Property Depiction Page 127 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 27 of 41 TRACT 2 Property Depiction Page 128 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 28 of 41 EXHIBIT A-3 Park Property [See attached.] Page 129 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 29 of 41 Page 130 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 30 of 41 Page 131 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 31 of 41 Page 132 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 32 of 41 EXHIBIT B-1 Project Trail Improvements – Fully Reimbursable [See attached.] Page 133 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 33 of 41 Page 134 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 34 of 41 EXHIBIT B-2 Project Trail Improvements – Upsizing Reimbursable [See attached.] Page 135 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 35 of 41 Page 136 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 36 of 41 Exhibit C Hope Trail Improvements Page 137 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 37 of 41 EXHIBIT D-1 Estimated Project Trail Improvements Construction Costs [See attached.] Page 138 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 38 of 41 Page 139 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 39 of 41 EXHIBIT D-2 Estimated Hope Trail Improvements Construction Costs Page 140 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 40 of 41 EXHIBIT E Project Third-Party Rights-of-Way and/or Easements [See attached.] Page 141 Item 18. PARK FEES AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 41 of 41 4910-4834-2649v.9 4910-4834-2649v.17 Page 142 Item 18. Page 1 of 1 To: Mayor and Town Council From: David A. Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Planned Development for Bella Prosper Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Consider and act upon a request to table a rezoning of 61.7± acres from Agricultural and Planned Development-71 to a Planned Development allowing for Mixed-Use Development, located on the south side of First Street and 1,550± feet east of Legacy Drive to the Town Council meeting on June 9, 2026. (ZONE-24-0025) Description of Agenda Item: The purpose of this request is to allow the applicant additional time to finalize the proposal. Town Staff is requesting that this item be tabled to the Town Council meeting on June 9, 2026. Town Staff Recommendation: Town Staff recommend the Town Council table the request for a rezoning of 61.7± acres from Agricultural and Planned Development-71 to a Planned Development allowing for Mixed-Use Development, located on the south side of First Street and 1,550± feet east of Legacy Drive to the Town Council meeting on June 9, 2026. Proposed Motion: I move to table the request for a rezoning of 61.7± acres from Agricultural and Planned Development-71 to a Planned Development allowing for Mixed-Use Development, located on the south side of First Street and 1,550± feet east of Legacy Drive to the Town Council meeting on June 9, 2026. PLANNING Page 143 Item 19. Page 1 of 1 To: Mayor and Town Council From: David A. Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Ensure the Town's 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 May 5, 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-26-0006 – Prosper Commerce Center, Block A, Lot 1 (Approved 5-0) 2. DEVAPP-26-0021 – Prosper Ridge Commercial, Block F, Lots 1R1 and 2R (Approved 5-0) 3. PowerPoint Slides Town Staff Recommendation: Town Staff recommend the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 144 Item 20. EEGXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFL FLNOPARKING NOPARKINGNOPARKINGNOPARKINGFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL131213131213151412141413CALLED 12.344 ACRECITY OF PROSPERVOL. 6022, PG. 4349O.P.R.D.C.T.REMAINDER OF A CALLED 65.593 ACREFF 14TH FAIRWAY LIMITED PARTNERSHIPVOL. 4189, PG. 1138O.P.R.C.C.T.LOT 4, BLOCK APROSPER PLAZAINST. NO. 2016-63P.R.C.C.T.TRACT 1KROGER TEXAS L.P.INST. NO. 20160527000664240O.P.R.C.C.T.LOT 5R, BLOCK APROSPER PLAZAINST. NO. 2017-236P.R.C.C.T.LOWE'S HOME CENTER, LLCINST. NO. 20160129000105730O.P.R.C.C.T.NORTH TEXAS MUNICIPAL WATERDISTRICT 40' WATER LINE EASEMENTINST. NO. 20200803001238890O.P.R.C.C.T.NORTH TEXAS MUNICIPAL WATERDISTRICT 60' TEMPORARYCONSTRUCTION EASEMENTINST. NO. 20200803001238890O.P.R.C.C.T.5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK OFFEXISTING UTILITY EASEMENTPROP. ADA SPOTSPROPOSEDBUILDING A80,850 SQ. FT.FFE = 685.25HEIGHT = 29.5'BLOCK A, LOT 113.1665 AC573,532 SQ. FT.PROPOSEDBUILDING B89,600 SQ. FT.FFE = 686.75HEIGHT = 29.5'BLOCK A, LOT 113.1665 AC573,532 SQ. FT.PROP. BFRPROP. ADA SPOTSPROP. ADA SPOTSPROP. BFRDOCK DOORS ALONGTHIS WALL (TYP.)DOCK DOORS ALONGTHIS WALL (TYP.)24.0'18.0' 12.0' (TYP.) 125.0'160.0'125.0' 12.0' (TYP.) 18.0'24.0' 8.0'24.0'18.0'12.0'(TYP.)715.0'24.0'10.0'645.0'9.0'(TYP.)60.0'60.0'10' UTILITY EASEMENT VOL. 2009, PG. 140O.P.R.C.C.T.40.0' 50.0'22.0'(TYP.)PROP. RETAINING WALLPROP. RETAINING WALLPROP. 15' WATER EASEMENTBY SEPARATE INST.PROP. RETAINING WALLPROP. 24' F.A.U.D.E.PROP. 24' F.A.U.D.E.PROPOSEDRETENTION PONDPROP. 24' F.A.U.D.E.PROP. 40' F.A.U.D.E.15.0'15.0'PROP. ADA SPOTSPROP. BFRPROP. 10' WATEREASEMENT(TYP. AROUND FIREHYDRANTS)2' CURB CUT (TYP.)EX. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. BFRPROP. DUMPSTERENCLOSURE PER ARCH.DETAIL8' TALL, COMPRISED OF BRICK50.0'PROP. DRIVE INRAMPPROP. DRIVE INRAMPZONING - PD-25, COMMERCIALEXISTING LAND USE - UTILITYDISTRIBUTION/TRANSMISSIONFACILITYZONING - PD-76, RETAILEXISTING LAND USE -VACANTZONING - PD-73, RETAILEXISTING LAND USE -BIG BOXSURFACE NORTHING: 7133708.55SURFACE EASTING: 2508222.89SURFACE NORTHING: 7133094.99SURFACE EASTING: 2508230.32161.5'PROP. FIRE HYDRANTPROP. RETAININGWALL TO ACT AS 6'SCREENING WALL15' BUILDING SETBACK15' BUILDING SETBACK40' BUILDING SETBACKZONING - COMMERCIALPROPOSED LAND USE -WAREHOUSEZONING - COMMERCIALPROPOSED LAND USE -WAREHOUSESCI TEXAS FUNERAL SERVICES LLCDOC. NO. 20210309000465540O.P.R.D.C.T.ZONING - PD-105, SF-15EXISTING LAND USE -VACANT9 8 . 8 'PROP. 15' WATEREASEMENTPROP. FIRE HYDRANT380.8'EX. FIRE HYDRANT24' FIRELANE & ACCESSEASEMENT VOL. 2009, PG. 140O.P.R.C.C.T.PROP. TRANSFORMERSCREENED BY 14' SCREENWALL ADJACENT TOEASTERN EDGE OF BLDGPROP. TRANSFORMERSCREENED BY 14' SCREENWALL ADJACENT TOEASTERN EDGE OF BLDGZONING - PD-25, SINGLE FAMILYEXISTING LAND USE - UTILITYDISTRIBUTION/TRANSMISSIONFACILITYR30.0'R3.0'(TYP.)R3.0'(TYP.)R54.0'R30.0'R30.0'R30.0'R10.0'R10.0'R3.0'(TYP.)9.0' (TYP.)9.0'(TYP.)PROP. DRAINAGEEASEMENT5' LANDSCAPE SETBACKSURROUNDINGDUMPSTER ENCLOSUREPROP. 10' WIDE FIREDEPARTMENT ACCESSPATHWAY (TYP.)20.0'R54.0'R30.0'2.5'PROP. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. 15' DRAINAGEEASEMENT (TYP.)72.6'23.0'22.4'EX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER ANDWATER EASEMENTPROP. REMOTE FDC W/BOLLARD PROTECTION10.0'10.0'10.0'10.0'10' UTILITY EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.30' UTILITY EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.20' DRAINAGE & UTILITY EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.PROP. SANITARYSEWER EASEMENTPROP. 24' F.A.U.D.E.PROP. STAIRS (TYP.)PROP. DOOR (TYP.)PROP. REMOTE FDC W/BOLLARD PROTECTIONR54.0'PROP. DRAINAGE &DETENTION EASEMENTPROP. ACCESS /MAINTENANCE RAMPPROP. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. ELECTRICALSCREEN WALLPROP. FIRE PUMP ROOMPROP. FIRE PUMP ROOM5.0'5.0'20.0'PROP. 5' SIDEWALK5.0'PROP. 5' SIDEWALKPROP. 15' DRAINAGEEASEMENT (TYP.)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. DATE AS SHOWN REVISIONSNo.DATESHEET NUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT LAST SAVED 4/21/2026 12:08 PMPLOTTED BY BRISCO, MARTHA 4/21/2026 12:08 PMDWG PATH K:\RCH_Civil\064464513 - ARCO Murray Prosper\4_Design\CAD\PlanSheetsDWG NAME C-SITE.dwg TEXASPROSPER IMAGESXREFS xbdr24x36 : xBndy : xSite : xExSite : xMrkg : xWatr : xStrm : xSswr : xEsmt - Site Plan 064464513 APRIL 2026 SCP MYB DPG © 2026 KIMLEY-HORN AND ASSOCIATES, INC. PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 2600 N. CENTRAL EXPRESSWAY SUITE 400, RICHARDSON, TX 75080SARAH C. POLITISKI APRIL 2026 FOR REVIEW ONLY Engineer P.E. No.Date NOT FOR CONSTRUCTION PURPOSES 157908 PROSPER COMMERCE CENTER SITE PLAN (1 OF 2)C-2.10GRAPHIC SCALE IN FEETNORTH804020FULL MATCHLINE, SEE SHEET C-2.2 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWNSTANDARDS2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANSAPPROVED BY THE TOWN OF PROSPER3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIREREQUIREMENTS PER THE TOWN OF PROSPER4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITYSHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT(ADA) AND WITH THE REQUIREMENTS OF THE CURRENT,ADOPTED BUILDING CODE5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THELAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATATABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USEAT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULTIN ADDITIONAL IMPACT FEES AND/OR PARKINGREQUIREMENTS7.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONINGORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDEVEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPEISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIREDLANDSCAPE SETBACKS, SIDEWALKS, AND DETECTION PONDSNOTESPROPOSED GRATE INLETPROPOSED CURB INLETPROPOSED EASEMENTLEGENDPROPOSED PROPERTY LINEEXISTING EASEMENTPROPOSED FIRELANEEXISTING SANITARY SEWERMANHOLEPROPOSED FIRE HYDRANTPROPOSED WATER VAULTPROPOSED SANITARY SEWERMANHOLEPROPOSED FIRE DEPARTMENTCONNECTIONPROPOSED DOMESTIC ANDIRRIGATION METERSLEGENDEXISTING FIRE HYDRANTPROPOSED COMBO INLETFLFLFLFLPROPOSED BERMVICINITY MAPN.T.S.PROJECTLOCATIONW UNIVERSITY DRN CUSTER RD COUNTY ROAD 853WALNUT GROVE RDCR-854 WINDY HILL RD COUNTY ROAD 857BLERIOT CT KINNEY STSITE PLANPROSPER COMMERCE CENTERBLOCK A, LOT 1TOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN PROJECT NUMBER: DEVAPP-26-0006PREPARATION DATE: APRIL 7TH, 2026BEING AN ADDITION TO THE TOWN OFPROSPER JEREMIAH HORN SURVEY,ABSTRACT NO. 411SITE DATA SUMMARY TABLEZONINGC - COMMERCIALPROPOSED USESOFFICE / WAREHOUSELOT AREA13.17 AC / 573,532 SFTOTAL BUILDING AREA170,450 SFBUILDING HEIGHT1 STORY / 29.5'LOT COVERAGEFLOOR AREA RATIOIMPERVIOUS SURFACE AREASITE LANDSCAPE REQUIRED(15% OF LOT AREA)SITE LANDSCAPE PROVIDED(24% OF LOT AREA)OPEN SPACE REQUIRED(7% OF LOT AREA)OPEN SPACE PROVIDED(11% OF LOT AREA)WAREHOUSE PARKING REQUIRED(1/1000 SF)TOTAL PARKING REQUIREDTOTAL PARKING PROPOSEDTOTAL ADA PARKING REQUIREDTOTAL ADA PARKING PROPOSED29.7%0.296:1405,145 SF86,030 SF139,475 SF40,147 SF60,303 SF1252562561012TOTAL WAREHOUSE AREA124,950 SFCONSTRUCTION TYPE11-BTOTAL OFFICE AREA45,500 SFOFFICE PARKING REQUIRED(1/350 SF)131Page 145Item 20. 197.5'STOPGEEWGGWWWWWTTX X X OHE OHE OHE OHE OHE OHE OHE OHEOHEOHEOHEOHE OHE OHE OHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHEXXXXXXXXXX FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLNOPARKINGNOPARKINGFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFL1312131310915151112SCI TEXAS FUNERAL SERVICES LLCDOC. NO. 20210309000465540O.P.R.D.C.T.LOT 5R, BLOCK APROSPER PLAZAINST. NO. 2017-236P.R.C.C.T.LOWE'S HOME CENTER, LLCINST. NO. 20160129000105730O.P.R.C.C.T.N. CUSTER ROAD (A.K.A. F.M. 2478) (C.C.F. NO. 2006505, O.P.R.D.C.T.) (VOL. 2008, PG. 262, O.P.R.C.C.T.)NORTH TEXAS MUNICIPAL WATERDISTRICT 60' TEMPORARYCONSTRUCTION EASEMENTINST. NO. 20200803001238890O.P.R.C.C.T.10' UTILITY EASEMENT VOL. 2009, PG. 140O.P.R.C.C.T.20' NORTH TEXAS MUNICIPALWATER DISTRICT EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.25' LANDSCAPE EASEMENTVOL. 2016, PG. 65O.P.R.C.C.T.10' UTILITY EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.5' LANDSCAPE SETBACK OFFEXISTING UTILITY EASEMENT5' LANDSCAPE SETBACKPROP. ADA SPOTSPROPOSEDBUILDING A80,850 SQ. FT.FFE = 685.25HEIGHT = 29.5'BLOCK A, LOT 113.1665 AC573,532 SQ. FT.PROPOSEDBUILDING B89,600 SQ. FT.FFE = 686.75HEIGHT = 29.5'BLOCK A, LOT 113.1665 AC573,532 SQ. FT.PROP. BFRPROP. ADA SPOTSPROP. BFRDOCK DOORS ALONGTHIS WALL (TYP.)24.0'18.0'12.0'(TYP.)125.0'160.0'125.0'12.0'(TYP.)18.0'24.0'715.0'645.0'10.0'26.0'9.0'(TYP.)60.0'60.0'25.0'25.0'PROP. BFRR220.0'26.0'10.0'15.1'100.5'123.0'123.0'PROP. 24' F.A.U.D.E.PROP. BFRPROP. 24' F.A.U.D.E.PROP. 40' F.A.U.D.E.PROP. 26' F.A.U.D.E.40.0'PROP. RETAINING WALL328.3' TO PROPOSED DRIVEWAY PROP. BFR±260.0' TO EXISTING DRIVEWAY PROP. BFR25' LANDSCAPEEASEMENT OFF EXISTINGUTILITY EASEMENTCOUNTY ROAD 853PROP. 26' F.A.U.D.E.2' CURB CUT (TYP.)24" STOP BAR24" STOP BARSTOP SIGNSTOP SIGNPROP. LANDSCAPE BERM3'-4' IN HEIGHTPROP. LANDSCAPE BERM3'-4' IN HEIGHTR220.0'96.3'EX. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTPROP. FIRE HYDRANTREMAINDER OF A CALLED 65.593 ACREFF 14TH FAIRWAY LIMITED PARTNERSHIPVOL. 4189, PG. 1138O.P.R.C.C.T.CALLED 12.344 ACRECITY OF PROSPERVOL. 6022, PG. 4349O.P.R.D.C.T.24.0'PROP. DRIVE INRAMPPROP. DRIVE INRAMPZONING - PD-105, SF-15EXISTING LAND USE -VACANTZONING - PD-25, SINGLE FAMILYEXISTING LAND USE - UTILITYDISTRIBUTION/TRANSMISSIONFACILITYZONING - PD-73, RETAILEXISTING LAND USE -BIG BOX1 2 2 . 6 'SURFACE NORTHING: 7133718.04SURFACE EASTING: 2509142.02PROP. RETAININGWALL TO ACT AS 6'SCREENING WALL15' BUILDING SETBACK30' BUILDING SETBACK40' BUILDING SETBACKZONING - COMMERCIALPROPOSED LAND USE -WAREHOUSEZONING - COMMERCIALPROPOSED LAND USE -WAREHOUSEPROP. 15' WATEREASEMENT303.2'10' WATER EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.15' WATER EASEMENTVOL. 2009, PG. 140O.P.R.C.C.T.PROP. LANDSCAPE BERM3'-4' IN HEIGHTPROP. 10' WATEREASEMENT (TYP.AROUND FIREHYDRANTS)169.0'R.O.W.100.0' TRANSITION25' LANDSCAPE EASEMENTCALLED 0.869 ACREPARCEL 7STATE OF TEXASINST.NO. 20181031001354060O.P.R.C.C.T.166.0' STORAGEDRAINAGE EASEMENT FORHIGHWAY PURPOSESINST. NO. 20181031001354070O.P.R.C.C.T.11.0'PROP. 6' SIDEWALK132.0'150.2'R.O.W.SURFACE NORTHING: 7133104.66SURFACE EASTING: 2509188.1110' UTILITY EASEMENTINST. NO. 2017-236O.P.R.C.C.T.R3.0'(TYP.)R30.0'R30.0'R30.0'R30.0'R30.0'R30.0'R30.0'R3.0'(TYP.)PROP. 10' WIDE FIREDEPARTMENT ACCESSPATHWAY (TYP.)12.0'12.0'14.0'199.0'APPROXIMATE LOCATION NORTHTEXAS MUNICIPAL WATER DISTRICT 20'EASEMENT & RIGHT-OF-WAYINST. NO. 20200803001238890O.P.R.C.C.T.NORTH TEXAS MUNICIPAL WATERDISTRICT 40' WATER LINE EASEMENTINST. NO. 20200803001238890O.P.R.C.C.T.20.0'20.0'PROP. STAMPEDCONCRETER30.0'24 . 0 ' 4. 0 ' 24. 0 '81.8'10.1'R54.0'R30.0'R30.0'9.0'(TYP.)R82.0'10.0'10.0'10.0'10.0'PROP. 6' SIDEWALKPROP. DRAINAGEEASEMENTPROP. DRAINAGEEASEMENTPROP. 10' WATEREASEMENTPROP. 14' TALLSCREEN WALLPROP. 14' TALLSCREEN WALLPROP. FIRE HYDRANTPROP. STAIRS (TYP.)PROP. DOOR (TYP.)PROP. FIRE HYDRANTPROP. 15' DRAINAGEEASEMENT (TYP.)PROP. ELECTRICALSCREEN WALLPROP. DRAINAGE EASEMENTBY SEP. INSTRUMENTPROP. F.A.U.D.E. BYSEP. INSTRUMENT5.0'R108.4'R304.6'R30.0'R56.0'PROP. 5' SIDEWALK5.0'PROP. 5' SIDEWALKR2.0'R32.0'R28.0'DOCK DOORS ALONGTHIS WALL (TYP.)6.0'(TYP.)PROP. 15' ELECTRICALEASEMENTPROP. 15' ELECTRICALEASEMENTPROP. 10' ATMOSEASEMENTR58.0'R50.0'R56.0'OHE N. CUSTER ROAD (A.K.A. F.M. 2478) (C.C.F. NO. 2006505, O.P.R.D.C.T.) (VOL. 2008, PG. 262, O.P.R.C.C.T.)R220.0'R220.0'±950.0' TO EXISTING DRIVEWAY 95.1' TRANSITION 169.9' STORAGE 11.0'PROP. 6' SIDEWALK6.0'(TYP.)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. DATE AS SHOWN REVISIONSNo.DATESHEET NUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT LAST SAVED 4/21/2026 12:08 PMPLOTTED BY BRISCO, MARTHA 4/21/2026 12:08 PMDWG PATH K:\RCH_Civil\064464513 - ARCO Murray Prosper\4_Design\CAD\PlanSheetsDWG NAME C-SITE.dwg TEXASPROSPER IMAGESXREFS xbdr24x36 : xBndy : xSite : xExSite : xMrkg : xWatr : xStrm : xSswr : xEsmt - Site Plan 064464513 APRIL 2026 SCP MYB DPG © 2026 KIMLEY-HORN AND ASSOCIATES, INC. PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 2600 N. CENTRAL EXPRESSWAY SUITE 400, RICHARDSON, TX 75080SARAH C. POLITISKI APRIL 2026 FOR REVIEW ONLY Engineer P.E. No.Date NOT FOR CONSTRUCTION PURPOSES 157908 PROSPER COMMERCE CENTER MATCHLINE, SEE CURRENT SHEETMATCHLINE, SEE CURRENT SHEETSITE PLAN (2 OF 2)C-2.20GRAPHIC SCALE IN FEETNORTHFULL 204080MATCHLINE, SEE SHEET C-2.1 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWNSTANDARDS2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANSAPPROVED BY THE TOWN OF PROSPER3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIREREQUIREMENTS PER THE TOWN OF PROSPER4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITYSHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT(ADA) AND WITH THE REQUIREMENTS OF THE CURRENT,ADOPTED BUILDING CODE5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THELAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATATABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USEAT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULTIN ADDITIONAL IMPACT FEES AND/OR PARKINGREQUIREMENTS7.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONINGORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDEVEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPEISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIREDLANDSCAPE SETBACKS, SIDEWALKS, AND DETECTION PONDSNOTESVICINITY MAPN.T.S.PROJECTLOCATIONW UNIVERSITY DRN CUSTER RD COUNTY ROAD 853WALNUT GROVE RDCR-854 WINDY HILL RD COUNTY ROAD 857BLERIOT CT KINNEY STPROPOSED GRATE INLETPROPOSED CURB INLETPROPOSED EASEMENTLEGENDPROPOSED PROPERTY LINEEXISTING EASEMENTPROPOSED FIRELANEEXISTING SANITARY SEWERMANHOLEPROPOSED FIRE HYDRANTPROPOSED WATER VAULTPROPOSED SANITARY SEWERMANHOLEPROPOSED FIRE DEPARTMENTCONNECTIONPROPOSED DOMESTIC ANDIRRIGATION METERSLEGENDEXISTING FIRE HYDRANTPROPOSED COMBO INLETFLFLFLFLPROPOSED BERMSITE PLANPROSPER COMMERCE CENTERBLOCK A, LOT 1TOWN OF PROSPER, COLLIN COUNTY, TEXASTOWN PROJECT NUMBER: DEVAPP-26-0006PREPARATION DATE: APRIL 7TH, 2026BEING AN ADDITION TO THE TOWN OFPROSPER JEREMIAH HORN SURVEY,ABSTRACT NO. 411SITE DATA SUMMARY TABLEZONINGC - COMMERCIALPROPOSED USESOFFICE / WAREHOUSELOT AREA13.17 AC / 573,532 SFTOTAL BUILDING AREA170,450 SFBUILDING HEIGHT1 STORY / 29.5'LOT COVERAGEFLOOR AREA RATIOIMPERVIOUS SURFACE AREASITE LANDSCAPE REQUIRED(15% OF LOT AREA)SITE LANDSCAPE PROVIDED(24% OF LOT AREA)OPEN SPACE REQUIRED(7% OF LOT AREA)OPEN SPACE PROVIDED(11% OF LOT AREA)WAREHOUSE PARKING REQUIRED(1/1000 SF)TOTAL PARKING REQUIREDTOTAL PARKING PROPOSEDTOTAL ADA PARKING REQUIREDTOTAL ADA PARKING PROPOSED29.7%0.296:1405,145 SF86,030 SF139,475 SF40,147 SF60,303 SF1252562561012TOTAL WAREHOUSE AREA124,950 SFCONSTRUCTION TYPE11-BTOTAL OFFICE AREA45,500 SFOFFICE PARKING REQUIRED(1/350 SF)130Page 146Item 20. FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANERETAIL/ MEDICAL OFFICE 1.49 AC 14,200 SF 57 PARKS FFE: 613.65 REST/ RETAIL 1.16 AC 14,200 SF 49 PARKS FFE: 614.75 WVWV WV WV WV UV CABLE FH FH FHX XXXXXXXXXXXXXXXXXXX X X X X X X X X FH FH FH SS SS FH FH 3 4 13 11 15 LOT 48 LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 STAR MEADOW DR PARTRIDGE ROAD(50' R.O.W.)PEAR TREE LANE (50' R.O.W.) STAR MEADOW DRIVE PROSPER RIDGE COMMERCIAL BLOCK F, LOT 1R J.H. DURRETT SURVEY, ABSTRACT 350 LAND USE: RETAIL/COMMERCIAL ZONED: R (PD-14) PROSPER RIDGE COMMERCIAL BLOCK F, LOT 2 J.H. DURRETT SURVEY, ABSTRACT 350 LAND USE: RETAIL/COMMERCIAL ZONED: R (PD-14) ZONED: R (PD-14) (NOW OR FORMERLY) BLUE STAR ALLEN LAND, LP DOC.# 2011-60030 O.P.R.D.C.T. LAND USE: MEDIUM DENSITY RESIDENTIAL ZONED: SINGLE FAMILY (PD-66)LEGACY DRIVE(120' ULTIMATE R.O.W.)LOT 8, BLOCK C PROSPER RIDGE J.H. DURRETT SURVEY, ABSTRACT #350 LAND USE: MEDIUM DENSITY RESIDENTIAL ZONED: SINGLE FAMILY LOT 9, BLOCK C PROSPER RIDGE J.H. DURRETT SURVEY, ABSTRACT #350 LAND USE: MEDIUM DENSITY RESIDENTIAL ZONED: SINGLE FAMILY LOT 10, BLOCK C PROSPER RIDGE J.H. DURRETT SURVEY, ABSTRACT #350 LAND USE: MEDIUM DENSITY RESIDENTIAL ZONED: SINGLE FAMILY LOT 11, BLOCK C PROSPER RIDGE J.H. DURRETT SURVEY, ABSTRACT #350 LAND USE: MEDIUM DENSITY RESIDENTIAL ZONED: SINGLE FAMILY LOT 14, BLOCK APROSPER RIDGEJ.H. DURRETT SURVEY, ABSTRACT #350LAND USE: MEDIUM DENSITY RESIDENTIALZONED: SINGLE FAMILYLOT 13, BLOCK APROSPER RIDGEJ.H. DURRETT SURVEY, ABSTRACT #350LAND USE: MEDIUM DENSITY RESIDENTIALZONED: SINGLE FAMILYS89°16'39"E 203.11'S89°44'57"E 34.59' S44°44'57"E 14.14' S89°44'57"E 10.00'S0°15'03"W177.23'S89°15'38"E 259.32'N0°43'21"E196.70'N0°43'21"E249.00'N89°16'39"W 261.37'S0°15'03"W248.94'S0°15'03"W 10.00' 2' OVERHANG PROP BFR. PROP. INLET PROP. CURB INLET 2' OVERHANG 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK PROP. SS MANHOLE PROP. 12' X 14' MASONRY DUMPSTER ENCLOSURE 2' OVERHANG PROP. FDC W/ BOLLARDS CONNECT TO EX. PAVEMENT PROP. 6' PUBLIC SIDEWALK PROP. GRATE INLET 18.0'18.0'24.0' FIRELANE,ACCESS, DRAINAGE &UTILITY EASEMENT14.0'18.0'24.0' FIRELANE,ACCESS, DRAINAGE &UTILITY EASEMENT18.0'32.0'146.0'6.0'18.4'5.0'9.0'9.0'9.0'30.0' LANDSCAPE AND HIKE AND BIKE TRAIL EASEMENT 9.0'9.0'18.0'794' TO PROSPER TRAILEX. 6' MASONRY WALL PER CIVIL-23-0018 CONNECT TO EX. PAVEMENT PROP. 10' WATER EASEMENT PROP. 10' WATER EASEMENT PROP. WATER EASEMENT PROP. TRANSFORMER PAD W/ LANDSCAPE SCREENING 2 1 5' LANDSCAPE BUFFER PROP. GRATE INLET 2' OVERHANG 2' OVERHANG 10.0' 25' SETBACK 24' SETBACK 15' LANDSCAPE EASEMENT PROP. 8' X 6' RISER ROOM 11.0' PROP. UTILITY EASEMENT 24' SETBACK PROP. WATER EASEMENT 7 11 6 15 8 15.6'7.2'5.0'172.0'5.0'20.3'8.8'10.0'18.0'18.0'32.0'9.0'9.0'18.0'9.0'9.0'9.0'18.0' EX. 6' MASONRY WALL PER CIVIL-23-0018 2' OVERHANG PROP. 16' X 14' MASONRY DUMPSTER ENCLOSURE PROP. INLET 2' OVERHANG 2' OVERHANG PROP. SS MANHOLE PROP. FH 15' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK PROP. INLET PROP. BFR 50' SIDE SETBACK 24' SETBACK 2' OVERHANG PROP. FDC PROP. INLET 5' LANDSCAPE BUFFER PROP. TRANSFORMER PAD W/ LANDSCAPE SCREENING PROP. STORM DRAIN JUNCTION BOX PROP. 15' WATER EASEMENT PROP. TRENCH DRAIN 24.0' FIRELANE,ACCESS, DRAINAGE &UTILITY EASEMENT24.0' FIRELANE,ACCESS, DRAINAGE &UTILITY EASEMENT24.0'PROP. 8' X 6' RISER ROOM 4 3 11 94.0' 24' SETBACK PROP. 1,000 GALLON GREASE TRAP PROP. FH PROP. 10' WATER EASEMENT 14.0'10.0'10.0'5.0'12 . 0 '15.0'11.0'12 . 0 ' 18.4' PROP. TRENCH DRAIN PROP. 25.0' FRONT YARD SETBACK PROP. 10' BIKE & HIKE TRAIL 10.0' PROP. BFR 18.0'13.7' PROP. 30.0' LANDSCAPE AND HIKE & BIKE TRAIL EASEMENT PROP. 25.0' FRONT YARD SETBACK PROP. UTILITY EASEMENT 19.1' 18.5' 12.4' 2' OVERHANG EX. 6' MASONRY WALL PER CIVIL-23-0018 C3.0 FILENAME: C3.0 SITE PLAN_MUR25001.dwgPLOTTED BY: Kevin AdameFULL PATH: K:\Jobs\MUR25001_Prosper F1\Drawings\02_ENGR\03 - ProductionK:\Jobs\MUR25001_Prosper F1\Drawings\02_ENGR\03 - Production\C3.0 SITE PLAN_MUR25001PLOTTED DATE: 4/24/2026SHEET:REV:DATE:DESCRIPTION:PROSPER RIDGECOMMERCIAL 1 & 2TOWN OF PROSPERDENTON COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: MUR25001_PROSPER F1 4/24/2026 E N G I N E E R I N G SHAWN T. WALDO 138653 DATE: 4/24/2026 SITE PLAN LOCATION MAP N.T.S. EXISTING OFF-SITE ADJACENTPROPERTY BOUNDARIES SUBJECT SITE W PROSPER TRW PROSPER TRN LEGACY DRW FIRST ST W FIRST STDALLAS PKWYS TEEL PKWYGRAPHIC SCALE FEET06030 SCALE: 1" = 30' PARVIN RD W FRONTIER RD SITE PLAN DEVAPP-26-0021 PROSPER RIDGE COMMERCIAL BLOCK F, LOTS 1R1 & 2R 2.65 ACRES J.H. DURRETT SURVEY, ABSTRACT NO. 350 TOWN OF PROSPER, DENTON COUNTY, TEXAS PREPARATION DATE: 3/9/2026 OWNER/APPLICANT SAI LEGACY TRAILS LLC 13483 GRAND ARBOR LN FRISCO, TEXAS 75036 PH: 469-844-0304 CONTACT: MURALI M KODEMALA ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: SHAWN T. WALDO, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS LEGEND FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED CURB INLET PROPOSED FIRELANE PROPOSED PRIVATE SIDEWALK PROPOSED PUBLIC SIDEWALK PROPOSED GRATE INLET PARKING COUNT (9'X18' WITH 2' OVERHANG UNLESS NOTED OTHERWISE) PROPOSED FDC 2FT PARKING OVERHANG EXISTING 6' MASONRY WALL PER CIVIL 23-0018 PROPERTY BOUNDARY PROPOSED EASEMENT PROPOSED SETBACK EXISTING EASEMENT LANDSCAPE SETBACK FH FIRELANE SS 3 X X X SITE PLAN STANDARD NOTES: 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF HE SITE PLAN IN NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF A SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACK, SIDEWALKS*, AND DETENTION PONDS*. WATER METER TABLE METER #METER TYPE METER SIZE METER LOCATION 2" 2 1 FRONT OF BUILDING OF LOT 1R1 1"FRONT OF BUILDING OF LOT 1R1IRRIGATION DOMESTIC 2"FRONT OF BUILDING OF LOT 2R 1"FRONT OF BUILDING OF LOT 2RIRRIGATION DOMESTIC 4 3 Page 147 Item 20. Prosper Commerce Center Block A, Lot 1 (DEVAPP-26-0006) Page 148 Item 20. Proposal Purpose: •Construct two office/warehouse buildings totaling 170,450 square feet and associated parking. •Building A: Office/Warehouse Building (80,850 SF) •Building B: Office/Warehouse Building (89,600 SF) Recommendation: •Town Staff recommends approval of the Site Plan. Page 149 Item 20. Page 150 Item 20. Site Plan Page 151 Item 20. Open Space Plan Page 152 Item 20. Prosper Ridge Commercial Block F, Lots 1R1 and 2R (DEVAPP-26-0021) Page 153 Item 20. Proposal Purpose: •Construct a restaurant/retail building and a medical office/retail building totaling 28,400 square feet and associated parking. •Lot 1R: Restaurant/Retail Building (14,200 SF) •Lot 2: Medical Office/Retail Building (14,200 SF) History: •A Preliminary Site Plan (DEVAPP-24-0083) was approved by the Commission on January 21, 2025. Recommendation: •Town Staff recommends approval of the Site Plan. Page 154 Item 20. Page 155 Item 20. Site Plan Page 156 Item 20. Open Space Plan Page 157 Item 20. Preliminary Site Plan Page 158 Item 20. Page 1 of 4 To: Mayor and Town Council From: David A. Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Specific Use Permit for Full-Service/Extended-Stay Hotel Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for a Full-Service/Extended-Stay Hotel on MSW Prosper 380 Addition, Block A, Lot 1, on 5.9± acres, located on the east side of Mahard Parkway and 480± feet south of Prairie Drive. (ZONE-25-0008) Description of Agenda Item: The purpose of this request is to obtain a Specific Use Permit to construct a 37,753 square foot full-service/extended-stay hotel. Background: The Planning and Zoning Commission unanimously recommended denial of this item (6-0) at their meeting on March 25, 2026. The item was then heard by the Town Council at their meeting on April 28, 2026. During this hearing, the applicant provided additional information to the Council that was not provided to the Commission. Therefore, the Council remanded the item back to the Planning and Zoning Commission so the item could be heard with all pertinent information. The item was then reheard by the Planning and Zoning Commission at their meeting on May 5, 2026, and recommended for approval by a vote of 4-1. Future Land Use Plan: The Future Land Use Plan recommends the Dallas North Tollway District. Dallas North Tollway Vision Plan: This property is located within US 380 Gateway subdistrict. In this subdistrict, the area from the east side of Mahard Parkway to Dallas Parkway is designated as the Medical District. The Medical District is intended to focus on health science, research and related employment, and uses positioned to support the employees and visitors of the district. Office and hotel uses have been identified as uses compatible with this area. Zoning: The property is zoned Planned Development-47 (Commercial Corridor). PLANNING Page 159 Item 21. Page 2 of 4 Compatibility: The zoning and land use of the surrounding properties are shown below. Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-47 (Commercial Corridor) Vacant Dallas North Tollway District North Planned Development-47 (Commercial Corridor) Vacant Dallas North Tollway District East Planned Development-47 (Commercial Corridor) Vacant Dallas North Tollway District South Planned Development-47 (Commercial Corridor) Hospital (Encompass Health) Dallas North Tollway District West Planned Development-101 (Office) Hotel (Holiday Inn) US Highway 380 District Hotel Standards: Per Planned Development-47, hotels are permitted provided they comply with the conditional standards listed in the Town’s Zoning Ordinance. Full-service hotels are permitted by right; however, extended-stay hotels require the approval of a Specific Use Permit. Full-Service Hotels: The conditional standards for full-service hotels are listed below. The applicant has met these standards.  Amenities (Min. of Four) – The amenities being provided have been bolded. o Fitness Center/Weight Room o Game Room o Indoor/Outdoor Pool o Jogging Trail o Playground o Sauna/Spa o Sports Court  Event/Meeting Space (Min. of 10,000 SF)  Full-Service Restaurant Extended-Stay Hotels: The conditional standards for extended-stay hotels are listed below. The applicant has met these standards except for the requirement of being located along either Dallas Parkway, Preston Road, or University Drive. However, Town Staff believes that the hotel can be located along Mahard Parkway since it is also part full-service instead of a stand-alone extended-stay hotel.  Amenities (Min. of Five) – The amenities being provided have been bolded. o Conference Room (Min. of 1,000 SF) o Fitness Center/Weight Room o Game Room o Indoor/Outdoor Pool o Jogging Trail o Playground Page 160 Item 21. Page 3 of 4 o Sauna/Spa o Sports Court  Location o Dallas Parkway o Preston Road o University Drive  Open Space (Min. of 15%)  Restaurant  Setbacks (100 Feet from Residential) Specific Use Permit Criteria: The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of an SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?  Yes, the use is harmonious and compatible with its surrounding existing uses and proposed uses because there is one existing hotel and one future hotel on the west side of Mahard Parkway. 2. Are the activities requested by the applicant normally associated with the requested use?  Yes, an extended-stay hotel may be permitted in the area, per the Planned Development. Per the Town’s Zoning Ordinance, they must meet the conditional development standards which have been met in combination with the full-service component. 3. Is the nature of the use reasonable?  Yes, the nature of the use is reasonable as it is a permitted use in the zoning for the area. 4. Has any impact on the surrounding area been mitigated? Yes, the impact on the surrounding area has been mitigated as the applicant has complied with the conditional development standards for both a full-service hotel and extended-stay hotel. Thoroughfare Plan: This property has access to Mahard Parkway. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. Notification: Notification was provided as required by the Zoning Ordinance and state law. Staff has not received any response to the proposed zoning request to date. Budget Impact: There is no budgetary impact affiliated with this item. Page 161 Item 21. Page 4 of 4 Attached Documents: 1. Aerial Map 2. Zoning Map 3. Exhibit A-1 – Written Metes and Bounds 4. Exhibit A-2 – Boundary Exhibit 5. Exhibit B – Site Plan 6. Exhibit C – Landscape Plan 7. Exhibit D – Elevations 8. PowerPoint Slides Town Staff Recommendation: Town Staff recommend the Town Council approve the request for a Specific Use Permit for a Full- Service/Extended-Stay Hotel on MSW Prosper 380 Addition, Block A, Lot 1, on 5.9± acres, located on the east side of Mahard Parkway and 480± feet south of Prairie Drive. Additionally, Town Staff recommend the Specific Use Permit be conditioned upon the Hilton Hotel flag being maintained. If any change to that situation occurs, the owner will need to apply for a new Specific Use Permit. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of this item by a vote of 4-1 at their meeting on May 5, 2026. Commissioner Hamilton voted in opposition to this item due to concerns regarding approval of the hotel potentially hindering the ability to attract full-service hotels in the future. Proposed Motion: I move to approve/deny the request for a Specific Use Permit for a Full-Service/Extended-Stay Hotel on MSW Prosper 380 Addition, Block A, Lot 1, on 5.9± acres, located on the east side of Mahard Parkway and 480± feet south of Prairie Drive. Page 162 Item 21. Page 163 Item 21. Page 164 Item 21. Page 165 Item 21. Page 166 Item 21. 07/08/2025Page 167Item 21. Page 168Item 21. DECORATIVE STAMPEDCONCRETELOT AREA = 5.920 ACRESTOTAL ROOM UNITS = 194 ROOMSCONFERENCE AREAROOMRISERZONING = PD 47LOT 2, BLOCK AOUTDOOR RECEPTIONSSAMPLE WELLDECORATIVE STAMPEDCONCRETELOT AREA = 5.920 ACRESTOTAL ROOM UNITS = 194 ROOMSCONFERENCE AREAROOMRISERZONING = PD 47LOT 2, BLOCK AOUTDOOR RECEPTIONSSAMPLE WELLPROP. GASMETERDECORATIVE STAMPEDCONCRETESSSSSS 30' BUILDING SETBACK LINESAMPLE WELL5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK 5' LANDSCAPESETBACK 25' LANDSCAPE & ACCESS EASEMENT 5' LANDSCAPE SETBACK LINEZONING: PD-47LAND USE: OFFICE/SERVICEBLOCK A, LOT 2MASW PROSPER 380 ADDITIONINST NO. 2023-839O.P.R.C.C.T.FDCSSSSSSCONTECH30"Ø30"Ø30"Ø30"Ø30"ØREMOTE 1067336102/09/26040922PROJECT DATE:REVISION DATE:DESIGN MANAGER:RCM FINAL111825DBRPROJECT MANAGER:PROJECT STATUS:SHEET NUMBERJOB NUMBER:TOTAL DESIGN MANAGERS E-Mail: adrdesignsllc@adrdesigns.com 601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050 PH: 972-262-1333 FAX: 214-272-2987L1.00MAHARD PARKWAY PROSPER, TEXASPTG - 22706PEACH TREE 1043 ELK MOUND DRIVE GROUP OF INVESTMENT INC PHONE: 620 253 0286 FRISCO, TX 75033 EMAIL: parmarws@gmail.com POR: JOHN C. SARGENT FACILITY # HGI PROSPER 58965 JCL ALLEN, TEXAS 75002 214-502-4036 LANDSCAPE ARCHITECTURE CONSULTING 101C NORTH GREENVILLE AVENUE, #242 J. CAMILLE LA FOY PROSPER LANDSCAPE ORDINANCEOPEN SPACE KEYPage 169Item 21. (1)-LO(2)-CO(1)-CE(2)-RO(4)-CE(2)-CE(1)-CO(1)-CE(1)-CO(5)-MG(1)-LO(3)-CO(1)-MG(4)-CE(5)-MG(2)-CO(1)-CP(2)-RO(1)-CE(1)-CE(1)-RO(2)-RO(1)-CP(1)-CE(1)-LO(1)-CP(1)-CE(1)-LO(1)-RO(2)-CE(1)-MG(18)-IH(16)-IH(10)-IH(13)-IH(13)-IH(13)-IH(14)-IH(8)-IH(3)-IH(2)-RO(5)-IH(15)-MFG(11)-MFG(14)-MFG(21)-MFG(25)-MFG(21)-MFG(18)-MFG(8)-MFG(9)-MFG(13)-ABM(8)-FRG(15)-FRG(9)-FRG(18)-IH(12)-DR(12)-DR(25)-DR(16)-NRS(6)-GA(4)-GA(7)-GA(6)-GA(10)-GA(9)-GA(4)-GA(4)-GA(8)-GA(11)-DWM(9)-DWM(5)-DWM(15)-DWM(7)-DWM(12)-DWM(4)-GA(5)-DWM(21)-IH(5)-GA(1)-YH(8)-BRR(8)-BRR(12)-BRR(6)-BRR(5)-BRR(3)-IH(6)-GL(16)-GL(1)-AN(1)-AN(3)-AN(1)-AN(2)-AN(230)-EC(280)-EC(320)-EC(3)-AN(1)-DS(1)-DS(3)-AN(450)-EC(380)-ECBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODBERMUDASODTEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVELTEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVELTEXAS BLACKSTAR GRAVEL18" WIDETEXAS BLACKSTAR GRAVEL18" WIDECOLORADORIVER ROCKSTEEL EDGINGCOLORADORIVER ROCKCOLORADORIVER ROCKBERMUDASODTEXAS BLACKSTAR GRAVELTEXAS BLACKSTAR GRAVEL(6)-PSC(4)-PSCSTEEL EDGINGSTEEL EDGINGSTEEL EDGINGSTEEL EDGINGSTEEL EDGINGSTEEL EDGINGSTEEL EDGING(120)-EC(120)-EC(120)-EC(5)-PSCCOLORADORIVER ROCKCOLORADORIVER ROCK(25)-RJ(1)-MG(100)-EC(3)-ANCOLORADORIVER ROCK(12)-ABM(39)-RJCOLORADORIVER ROCKBOULDERBOULDER*********************(2)-AN(3)-MFG(175)-SCSTEEL EDGINGSTEEL EDGING**************************(3)-GA(3)-PSC(2)-CPSTEEL EDGINGBERMUDA SODTEXAS BLACKSTAR GRAVEL***TEXAS BLACKSTAR GRAVEL*******STEEL EDGING(3)-NRSSTEEL EDGINGBERMUDASOD*****(2)-CP(1)-MG(1)-MG(1)-CPDECORATIVE STAMPEDCONCRETELOT AREA = 5.920 ACRESTOTAL ROOM UNITS = 194 ROOMSCONFERENCE AREAROOMRISERZONING = PD 47LOT 2, BLOCK AOUTDOOR RECEPTIONSAMPLE WELLDECORATIVE STAMPEDCONCRETELOT AREA = 5.920 ACRESTOTAL ROOM UNITS = 194 ROOMSCONFERENCE AREAROOMRISERZONING = PD 47LOT 2, BLOCK AOUTDOOR RECEPTIONSAMPLE WELLPROP. GASMETERDECORATIVE STAMPEDCONCRETEMSW PROSPER 380, LPINSTR. NO. 20130114000054790O.P.R.C.C.T.30' BUILDING SETBACK LINESAMPLE WELL5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK 5' LANDSCAPESETBACK 25' LANDSCAPE & ACCESS EASEMENT 5' LANDSCAPE SETBACK LINE(1)-CP(5)-IHTEXAS BLACKSTAR GRAVEL18" WIDE(3)-PSC(1)-PSCMAHARD PKWYMSW PROSPER 380, LPINSTR. NO. 20130114000054790O.P.R.C.C.T.FDCSSSSSSCONTECH30"Ø30"Ø30"Ø30"Ø30"ØREMOTE BERMUDASODTEXAS BLACKSTAR GRAVEL18" WIDE(1)-LOROOT BARRIERAPPROX. 27 L.F.ROOT BARRIERAPPROX. 44 L.F.ROOT BARRIERAPPROX. 18 L.F.ROOT BARRIERAPPROX. 26 L.F.ROOT BARRIERAPPROX. 24 L.F.(9)-GACOLORADORIVER ROCK(2)-CE(2)-CE(1)-CO(1)-CO(1)-CP(5)-MG(6)-RB(4)-DW(3)-RB(6)-RB(5)-MG(6)-DW(5)-MG(6)-RB(5)-MG(6)-DW(36)-NRS(1)-RB(5)-NRS(5)-NRS(17)-GA(5)-MG(6)-RB(5)-MG(6)-DW(23)-NRSBTBTBTBTBTBTBTBTBTBTBTBTBT(1)-RBROOT BARRIERAPPROX. 827 L.F.(8)-GA(1)-CPTEXAS BLACKSTAR GRAVEL(5)-PSC(14)-BRR(12)-DWMSTEEL EDGING3 FT. WIDE02/09/ 26 JCL ALLEN, TEXAS 75002 214-502-4036 LANDSCAPE ARCHITECTURE CONSULTING 101C NORTH GREENVILLE AVENUE, #242 J. CAMILLE LA FOY PROSPER LANDSCAPE ORDINANCE040922PROJECT DATE:REVISION DATE:DESIGN MANAGER:RCM CONST. DOC.111825DBRPROJECT MANAGER:PROJECT STATUS:SHEET NUMBERJOB NUMBER:TOTAL DESIGN MANAGERS E-Mail: adrdesignsllc@adrdesigns.com 601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050 PH: 972-262-1333 FAX: 214-272-2987L1.01MAHARD PARKWAY PROSPER, TEXASPTG - 22706PEACH TREE 1043 ELK MOUND DRIVE GROUP OF INVESTMENT INC PHONE: 620 253 0286 FRISCO, TX 75033 EMAIL: parmarws@gmail.com POR: JOHN C. SARGENT FACILITY # HGI PROSPER 58965PLANT MATERIAL LISTKEYQUANTITYTREESDESCRIPTIONSIZECP12PISTACIA CHINENSISCHINESE PISTACHECO11QUERCUS MUELENBURGIICHINKAPIN OAKKEYQUANTITYORNAMENTAL TREESDESCRIPTIONSIZEDW22CHILOPSIS LINEARIS 'BUBBA'DESERT WILLOW3" CAL., MIN. 6'HT., 3' SPD.RB30CERCIS CANADENSIS 'OKLAHOMA'REDBUD30 GAL., 8' HT.,3' SPREADMG46MAGNOLIA GRANDIFLORA 'LITTLE GEM'MAGNOLIA 'LITTLE GEM'30 GAL., 8' HT.,MIN. 3 CANESYH1ILEX VOMITORIA 'FEMALE'YAUPON HOLLY30 GAL., 8' HT.,3' SPREAD. MIN.3 CANESKEYQUANTITYSHRUBSDESCRIPTIONSIZEDWM76MYRICA PUSILLADF. WAX MYRTLE7 GAL., MIN. 15"HT.DR49ROSA X 'NOVAROSPOP'POPCORN DRIFT ROSE5 GAL., MIN. 20"HT., 24" O.C.GA100ABELIA GRANDIFLORAGLOSSY ABELIA7 GAL., MIN. 36"HT., 36" O.C.IH160RAPHIOLEPSIS INDICA ' PINK LADY'INDIAN HAWTHORN5 GAL., MIN. 15"HT., 30" O.C.AN19YUCCA FILAMENTOSA 'COLORGUARD'ADAM'S NEEDLE3 GAL., MIN. 15"HT., A.S.NRS88ILEX X 'NELLIE R. STEVENS'NELLIE R. STEVENS HOLLY20 GAL., 4' HT.,3' SPREADDS2DASYLIRION TEXANUMGREEN DESERT SPOON10 GAL., MIN. 24"HT.KEYQUANTITYGROUND COVERDESCRIPTIONSIZEEC2,120EUONYMUS FORTUNEI 'COLORATUS'PURPLE WINTERCREEPER4" POT, FULLPLANT 10" O.C.KEYQUANTITYORNAMENTAL GRASSESDESCRIPTIONSIZEABM25MUHLENBERGIA CAPILLARIS 'REGALMIST' MUHLY GULF GRASS1 GAL., FULLPLANT 30" O.C.FRG32CALAMAGROSTIS X ACUTIFLORA'KARL FOERSTER'FOERSTER'S FEATHER REED GRASS3 GAL., FULLPLANT 36" O.C.MFG120NASSELLA TENUISSIMAMEXICAN FEATHER GRASS1 GAL., FULLPLANT 16" O.C.PSC27SCUTELLARIA SUFFRUTESCENSPINK SKULLCAP5 GAL., MIN.15" HT.GL22LIRIOPE GIGANTEAGIANT LIRIOPE1 GAL., FULLPLANTBRR53BARBERRY THUNBERGII 'RED ROCKET'BARBERRY 'RED ROCKET'5 GAL., MIN.15" HT.CE20ULMUS CRASSIFOLIACEDAR ELM3" CAL., MIN. 4'SPD., MIN. 10' HT.3" CAL., MIN. 4'SPD., MIN. 10' HT.3" CAL., MIN. 4'SPD., MIN. 10' HT.LO5QUERCUS VRIGINIANALIVE OAK3" CAL., MIN. 4'SPD., MIN. 10' HT.RO10QUERCUS SHUMARDIIRED OAK3" CAL., MIN. 4'SPD., MIN. 10' HT.RJ64JUNIPERUS HORIZONTALIS 'WILTONII'RUG JUNIPER3 GAL.,MIN. 8" HT.KEYQUANTITYANNUAL COLORDESCRIPTIONSIZESC175SEASONAL COLORSELECTED BY OWNER4" POT, FULLPLANT 8" O.C.Exhibit C: LANDSCAPE PLANZONE-25-0008Page 170Item 21. 082521 REVISION DATE: DESIGN MANAGER: PRELIMINARY RCM 020626 DBR PROJECT MANAGER: PROJECT DATE: PROJECT STATUS: SHEET NUMBER JOB NUMBER:TOTAL DESIGN MANAGERSE-Mail: adrdesignsllc@adrdesigns.com601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050PH: 972-262-1333 FAX: 214-272-2987MAHARD PARKWAYPROSPER, TEXASPTG - 22706PEACH TREE GROUP OF INVESTMENT INC1043 ELK MOUND DRIVEFRISCO, TX 75033PHONE: 620 253 0286EMAIL: parmarws@gmail.comFACILITY # HGI PROSPER 58965A-201 • • • • ½ • ½ • Page 171 Item 21. 082521 REVISION DATE: DESIGN MANAGER: PRELIMINARY RCM 021026 DBR PROJECT MANAGER: PROJECT DATE: PROJECT STATUS: SHEET NUMBER JOB NUMBER:TOTAL DESIGN MANAGERSE-Mail: adrdesignsllc@adrdesigns.com601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050PH: 972-262-1333 FAX: 214-272-2987MAHARD PARKWAYPROSPER, TEXASPTG - 22706PEACH TREE GROUP OF INVESTMENT INC1043 ELK MOUND DRIVEFRISCO, TX 75033PHONE: 620 253 0286EMAIL: parmarws@gmail.comFACILITY # HGI PROSPER 58965A-201 • • • • ½ • ½ • Page 172 Item 21. 082521 REVISION DATE: DESIGN MANAGER: PRELIMINARY RCM 021026 DBR PROJECT MANAGER: PROJECT DATE: PROJECT STATUS: SHEET NUMBER JOB NUMBER:TOTAL DESIGN MANAGERSE-Mail: adrdesignsllc@adrdesigns.com601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050PH: 972-262-1333 FAX: 214-272-2987MAHARD PARKWAYPROSPER, TEXASPTG - 22706PEACH TREE GROUP OF INVESTMENT INC1043 ELK MOUND DRIVEFRISCO, TX 75033PHONE: 620 253 0286EMAIL: parmarws@gmail.comFACILITY # HGI PROSPER 58965A-202 • • • • ½ • ½ • Page 173 Item 21. 082521 REVISION DATE: DESIGN MANAGER: PRELIMINARY RCM 021026 DBR PROJECT MANAGER: PROJECT DATE: PROJECT STATUS: SHEET NUMBER JOB NUMBER:TOTAL DESIGN MANAGERSE-Mail: adrdesignsllc@adrdesigns.com601 SADDLE HILL DRIVE, GRAND PRAIRIE, TX 75050PH: 972-262-1333 FAX: 214-272-2987MAHARD PARKWAYPROSPER, TEXASPTG - 22706PEACH TREE GROUP OF INVESTMENT INC1043 ELK MOUND DRIVEFRISCO, TX 75033PHONE: 620 253 0286EMAIL: parmarws@gmail.comFACILITY # HGI PROSPER 58965A-202 • • • • ½ • ½ • Page 174 Item 21. Agenda Item Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit for a Full-Service/Extended-Stay Hotel on MSW Prosper 380 Addition, Block A, Lot 1, on 5.9±acres, located on the east side of Mahard Parkway and 480±feet south of Prairie Drive. (ZONE-25-0008) Page 175 Item 21. Background History: •Item was heard by the Planning and Zoning Commission on March 25, 2026. •Unanimously recommended for denial by a vote of 6-0. •Item was heard by the Town Council on April 28, 2026. •Remanded back to the Commission due to additional information provided by the applicant. •Item was reheard by the Planning and Zoning Commission on May 5, 2026. •Recommended for approval by a vote of 4-1. Page 176 Item 21. Proposal Purpose: •Obtain a Specific Use Permit for the construction of a 37,753 square foot full-service/extended-stay hotel. Zoning: •Planned Development-47 allows for hotel uses provided they meet the conditional standards in the Town’s Zoning Ordinance. •Full-Service Hotel (By Right) •Extended-Stay Hotel (Specific Use Permit) Page 177 Item 21. Page 178 Item 21. Dallas North Tollway Vision Plan: •Located within Medical District of US 380 Gateway Subdistrict. •Focus of Area: •Health Science •Research and Related Employment •Uses Positioned to Support Employees and Visitors •Office and hotel uses identified as compatible uses in this area. Page 179 Item 21. Page 180 Item 21. Conditional Standards Full-Service Hotel: •Amenities (Min. of Four) •Fitness Center/Weight Room •Game Room •Indoor/Outdoor Pool •Jogging Trail •Playground •Sauna/Spa •Sports Court •Event/Meeting Space (Min. of 10,000 SF) •Full-Service Restaurant Page 181 Item 21. Conditional Standards Cont. Extended-Stay Hotel: •Amenities (Min. of Five) •Conference Room (Min. of 1,000 SF) •Fitness Center/Weight Room •Game Room •Indoor/Outdoor Pool •Jogging Trail •Playground •Sauna/Spa •Sports Court Page 182 Item 21. Conditional Standards Cont. Extended-Stay Hotel: •Location (Combination w/ Full-Service Allows Location on Mahard) •Dallas Parkway •Preston Road •University Drive •Open Space (Min. of 15%) •Restaurant •Setbacks (100’ from Residential) Page 183 Item 21. Page 184 Item 21. Page 185 Item 21. Page 186 Item 21. Page 187 Item 21. Page 188 Item 21. Page 189 Item 21. Page 190 Item 21. Page 191 Item 21. Specific Use Permit Criteria Criterion 1: Is the use harmonious and compatible with its surrounding existing uses or proposed uses? •Yes, the use is harmonious and compatible with its surrounding uses and proposed uses because there is one existing hotel and one future hotel on the west side of Mahard Parkway. Criterion 2: Are the activities requested by the applicant normally associated with the requested use? •Yes, an extended-stay hotel may be permitted in the area, per the Planned Development. Additionally, per the Town’s Zoning Ordinance, they must meet the conditional development standards which have been met in combination with the full-service component. Page 192 Item 21. Specific Use Permit Criteria Cont. Criterion 3: Is the nature of the use reasonable? •Yes, the nature of the use is reasonable as it is a permitted use in the zoning for the area. Criterion 4: Has any impact on the surrounding area been mitigated? •Yes, the impact on the surrounding area has been mitigated as the applicant has complied with the conditional development standards for both a full-service hotel and extended-stay hotel. Page 193 Item 21. Recommendation Town Staff: •Town Staff recommends approval of the Specific Use Permit subject to: •The Hilton Hotel flag being maintained. Planning and Zoning Commission: •Planning and Zoning Commission recommended approval of the Specific Use Permit. (4-1) Noticing: •Friday, April 10th (No Response) Page 194 Item 21. ZONE-25-0008 TOWN OF PROSPER TOWN COUNCIL –MAY 19, 2026 21 Page 195 Item 21. Page 196 Item 21. Page 197 Item 21. Page 198 Item 21. Page 199 Item 21. Page 200 Item 21. Page 201 Item 21. Page 202 Item 21. Page 203 Item 21. Page 204 Item 21. Page 205 Item 21. Page 206 Item 21. Page 207 Item 21. Page 208 Item 21. Page 209 Item 21. Page 210 Item 21. Page 211 Item 21. Page 212 Item 21. Page 213 Item 21. Page 214 Item 21. Page 215 Item 21. Page 216 Item 21. Page 217 Item 21. Page 218 Item 21. Page 219 Item 21. Page 220 Item 21. Page 221 Item 21. Page 222 Item 21. Page 223 Item 21. Page 224 Item 21. Page 225 Item 21. Page 226 Item 21. Page 227 Item 21. Page 1 of 3 To: Mayor and Town Council From: Joshua Cotton, 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: Legacy Drive (Prosper Trail – Parvin Road) Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Accelerate Infrastructure Delivery Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-12-B to McMahon Contracting LP, related to the Legacy Drive (Prosper Trail – Parvin Road) project, for $5,875,569.95 and authorize $200,000 for construction phase contingencies. The total purchase order amount is $6,075,569.95. Description of Agenda Item: On April 14, 2026, at 2:00 PM, nine (9) Competitive Sealed Proposals were received for the Legacy Drive (Prosper Trail – Parvin Road) project (2410-ST). The project consists of all work needed for construction of two lanes of Legacy Drive from Prosper Trail north approximately 1,400 feet, then transitioning to a four-lane divided suburban arterial adjacent to Watkins Middle School up to Parvin Road. Project includes construction of a bridge class multi-barrel culvert, concrete curb and gutter roadway, and underground drainage improvements. 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 $5,875,569.95 and $7,841,648.80. The Engineer's Estimate was $7,722,533.74. The proposal’s final completion times ranged from 195 calendar days to 570 calendar days. ENGINEERING SERVICES Page 228 Item 22. Page 2 of 3 McMahon Contracting LP, was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $5,875,569.95, and a project timeline of 195 calendar days. McMahon Contracting LP, previously completed the Teel Parkway (US 380 – First Street) and First Street (Teel Parkway - Gee Road) & Gee Road (First Street – Windsong Retail) projects for the Town of Prosper. In accordance with an Interlocal Agreement (ILA) between Prosper Independent School District (PISD) and the Town of Prosper (Town), PISD’s School Board approved the Town’s award recommendation to McMahon Contracting LP, on April 20, 2026. Budget Impact: The cost for the construction of the project is $5,875,569.95. The contingency amount of $200,000 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 Town staff and McMahon Contracting LP, as construction progresses. The construction of the Legacy Drive (Prosper Trail – Parvin Road) project is being funded through an ILA with PISD executed on November 26, 2024. PISD is funding the construction through two deposits to the Town. Upon the Town’s execution of a Construction Agreement with McMahon Contracting LP, PISD shall deposit the first half (1/2) of the construction costs. When the construction is 50% complete, PISD shall deposit the second half (1/2) of the construction costs with the Town. The deposited funds will be used for the construction of the Legacy Drive (Prosper Trail – Parvin Road) project under Account No. ST202410-CONST-CONST. Once construction is complete, the Town will reimburse PISD in accordance with the ILA within four (4) years of Final Acceptance of the Legacy Drive (Prosper Trail – Parvin Road) project. This reimbursement includes a portion of the design costs ($714,106.10), a portion of the construction costs ($4,643,410.36), gas relocation costs within pre-existing easement ($24,992.00), the cost difference between a 16-inch water line constructed by PISD and a 12-inch water line ($110,415.00), and land acquisition costs associated with the Town’s portion of the project ($559,588.00) for an overall total of $6,052,511.46. Reimbursement will also include a portion of the final materials testing costs incurred during construction and associated with the Town’s portion of the project as noted in the ILA. Additional information regarding materials testing is provided on an accompanying Council agenda item for materials testing and is estimated at $222,722 for the overall project. At the time of the execution of the ILA, the total reimbursement amount was estimated and budgeted at $10,000,000. Although still dependent on construction change orders (if needed), the currently anticipated reimbursement at the time of award of the construction contract is $6,052,511.46 for all reimbursement items stipulated by the ILA and detailed above. 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 4. PISD Approval Page 229 Item 22. Page 3 of 3 Town Staff Recommendation: Town Staff recommends the Town Council authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-12-B to McMahon Contracting LP, related to the Legacy Drive (Prosper Trail – Parvin Road) project, for $5,875,569.95 and authorize $200,000 for construction phase contingencies. The total purchase order amount is $6,075,569.95. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-12-B to McMahon Contracting LP, related to the Legacy Drive (Prosper Trail – Parvin Road) project, for $5,875,569.95 and authorize $200,000 for construction phase contingencies. The total purchase order amount is $6,075,569.95. Page 230 Item 22. LOCATION MAP Legacy Drive (Prosper Trail - Parvin Road) Page 231 Item 22. 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 4/14/2026 12:22:01 PM (CT)$7,145,994.80 570 DDM Construction Corporation Addison TX 4/14/2026 01:45:52 PM (CT)$5,931,534.10 325 GRod Construction, LLC Aurora TX 4/14/2026 01:09:56 PM (CT)$7,125,450.70 395 JR West Texas Concrete LLC Rice TX 4/14/2026 01:10:29 PM (CT)$6,751,870.34 450 Mario Sinacola & Sons Excavating, Inc.Frisco TX 4/14/2026 01:50:44 PM (CT)$6,135,534.56 240 McMahon Contracting LP Grand Prairie TX 4/14/2026 01:28:16 PM (CT)$5,875,569.95 195 Pavecon Public Works, LP Grand Prairie TX 4/14/2026 01:59:20 PM (CT)$7,841,648.80 400 Ratliff Hardscape, Ltd Carrollton TX 4/14/2026 01:40:59 PM (CT)$7,693,485.06 365 Tiseo Paving Co.Mesquite TX 4/14/2026 01:21:11 PM (CT)$6,678,572.40 330 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:April 14, 2026 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. 2026-12-B 2410-ST Legacy Drive (Prosper Trail to Parvin Road) 04/14/2026 at 2:00PM Page 232 Item 22. Page 233Item 22. Page 234Item 22. Page 235Item 22. Page 236Item 22. Page 237Item 22. Page 238Item 22. Page 239Item 22. Page 240Item 22. Page 241Item 22. Page 242Item 22. Page 243Item 22. Page 244Item 22. Page 245Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 five million, eight hundred seventy-five thousand, five hundred sixty-nine dollars and ninety- five cents ($5,875,569.95) 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 19th day of May, 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. 2026-12-B 2410-ST LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) 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 246 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 247 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 248 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 five million, eight hundred seventy-five thousand, five hundred sixty-nine dollars and ninety-five cents ($5,875,569.95) (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 19th day of May 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. 2026-12-B 2410-ST LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) 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 249 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 250 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 251 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 five million, eight hundred seventy-five thousand, five hundred sixty-nine dollars and ninety-five cents ($5,875,569.95) (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 19th day of May, 2026, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-12-B 2410-ST LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) 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 252 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 253 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (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 254 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 23 TECHNICAL SPECIFICATIONS TS.01: PAY ITEM DESCRIPTIONS: The pay item descriptions contained on the following pages are incorporated into this Contract’s technical specifications. TS.02: GENERAL: The Owner utilizes the current editions of Public Works Construction Standards – North Central Texas published by the North Central Texas Council of Governments (NCTCOG) and Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges published by the Texas Department of Transportation (TxDOT). Please reference the Construction Plans for all other technical specifications not contained herein. Page 255 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 24 TECHNICAL SPECIFICATIONS – PAY ITEM DESCRIPTIONS General Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price. The following descriptions of certain pay items are intended to clarify the nature of the work required for this project. The provisions of the standard specifications shall apply, except as otherwise noted herein. Each pay item includes all labor, materials, equipment and incidentals necessary to construct that item. The contract shall be awarded based on the "TOTAL BID" for the funding that the Town has budgeted. Pay Item No. 1 Mobilization/Demobilization, Bonds and Insurance (Max 5%) This item shall govern for obtaining bonds and insurance and the movement of personnel, construction equipment and supplies to the project site to enable the Contractor to begin work on the other contract items that will be performed by the Contractor. The maximum bid amount for this item shall not exceed five percent (5%) of the total bid. Partial payments of the "Lump Sum" bid for mobilization will be as follows. The adjusted contract amount for construction items as used below is defined as the total contract amount less the lump sum bid for Mobilization. (a) When 1% of the adjusted contract amount for construction items is earned, 50% of the mobilization lump sum bid or 2.5% of the total contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. (b) When 5% of the adjusted contract amount for construction items is earned, 75% of the mobilization lump sum bid or 5% of the total contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. (c) When 10% of the adjusted contract amount for construction items is earned, 90% of the mobilization lump sum bid or 5% of the total contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. (d) When 15% of the adjusted contract amount for construction items is earned, 100% of the mobilization lump sum bid or 5% of the total contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. Pay Item No. 2 Project Sign This pay item shall consist of providing and the installation of a project sign at a location determined by the Town. Each sign shall be constructed in accordance with the Town standard details and/or project specification. A dimensioned draft of the sign shall be provided to the Town for review and approval prior to manufacture. Page 256 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 25 Measurement and payment shall be made on the basis of price bid per each (EA) and shall be total compensation for furnishing all materials, tools, equipment, labor, and any other incidentals necessary to complete the work Pay Item No. 3 Right-of-Way Preparation This item shall consist of preparing the right of way for construction operations by the removal and disposal of all obstructions from the right of way and from designated easements, including trees of any size, where removal of such obstructions is not otherwise provided for in the plans and specifications. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 203. Measurement and payment shall be per lump sum (LS) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Such obstructions include, but are not limited to, remains of houses, foundations, floor slabs, concrete, gravel, brick, lumber, plaster, septic tanks, basements, abandoned utility pipes or conduit, fences retaining walls shacks, trees of any size, stumps, bushes, or any other obstructions not specifically provided for elsewhere by the plans and specifications. Pay Item No. 4 Storm Water Pollution Prevention Plan & Erosion Control, Complete In Place, Incl. Maintenance & Removal This pay item shall consist of furnishing, installing, maintaining and removing erosion controls throughout the duration of the project in accordance with the Texas Commission on Environmental Quality’s (TCEQ) permitting procedures and requirements for construction projects that disturb one (1) or more acres and in accordance with NCTCOG Standard Specifications (5TH Edition) Item 202. Under the Texas Pollution Discharge Elimination System (TPDES) general construction permit TXR 150000, the operator with control of construction plans and specifications (Owner) and the operator with day-to-day operational control (Contractor) are required to obtain a permit for the discharge of storm water runoff. The Contractor shall be required to prepare and implement a single comprehensive site-specific Storm Water Pollution Prevention Plan (SW3P) for the entire construction site. The Contractor shall: (1) sign the SW3P, (2) submit an NOI for Town and Contractor, and (3) post a site notice as part of the permit. The SW3P must describe and ensure the implementation of best management practices that will be used to reduce, to the maximum extent possible, the pollutants and storm water discharges associated with the construction activity and insure compliance with the terms and conditions of the permit. The SW3P must clearly indicate which operator is responsible for satisfying each shared requirement of the SW3P. The SWP3 shall be subject to approval by the Owner and must be retained on-site during the term of the construction. Notice must be posted if the SW3P is retained off-site. A Texas Registered Professional Engineer must sign and seal the Erosion Control Plan (ECP) submitted as part of the SW3P. The Contractor shall submit a Notice of Termination for Town and Contractor upon completion of the project. This work shall also include the installation and maintenance of: (a) Erosion control logs (b) Construction entrance; (c) Inlet protection; (d) Filter tubes (e) Check Dams Page 257 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 26 (f) Any additional erosion control measures required by the SW3P. Measurement and payment shall be made on the basis of the price bid per lump sum (LS) for storm water pollution prevention plan & erosion control, complete in place, replacement, maintenance & removal. This includes any necessary revisions to the Erosion Control Plan throughout the term of construction and the installation, sequencing, and maintenance of structural control measures throughout the duration of construction. Payment shall be total compensation for furnishing all labor, materials, tools, and equipment necessary to complete the work. Payment shall be evenly prorated throughout the term of construction on a monthly basis, based on amount bid and time bid. Pay Item No. 5 Traffic Control This item shall consist of the implementation and maintenance of the necessary traffic control plan, barricades, concrete barriers, signs, message boards, arrow boards, & related devices including temporary asphalt pavement if needed, in accordance with the plans and project details or as deemed necessary by Town of Prosper personnel. This bid item also includes the necessary temporary shoring required for construction. The asphalt pavement and flexible base are included in separate bid items. All other items required for the temporary detour to construct the box culverts shall be considered subsidiary to this bid item. These items shall include but are not limited to pavement markings, additional asphalt pavement, other traffic control measures, etc. Measurement and payment shall be per lump sum (LS) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 6 Borrow Material This item shall consist of required excavation, removal, and proper utilization of materials obtained from designated or approved off-site sources. Contractor must seek approval from Town of Prosper for off-site material. The soil must be properly lab tested prior to being delivered. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 203.4. The quantity provided for this bid is the final quantity and will not be measured unless there are revisions to the scope of work. Payment shall be per cubic yard (CY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 7 Unclassified Street Excavation & Grading This item shall consist of unclassified street excavation. All work shall be performed in accordance with plans and project details. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 203.2. Payment shall include the removal and stockpile of all unused excavated materials on adjacent area (as approved and directed by the Engineer), constructing, shaping, and finishing of all earthwork involved. This item includes removing unused excavated materials from the job site and disposing it to the proper site. Page 258 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 27 The quantity provided for this bid is the final quantity and will not be measured unless there are revisions to the scope of work. Payment shall be per cubic yard (CY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Operations necessary to excavate existing base to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. Pay Item No. 8 Remove & Dispose of Existing Asphalt Pavement This item shall consist of removing and disposing of existing asphalt pavement in accordance with the plans. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 9 Remove & Dispose of Existing Concrete Pavement This item shall consist of removing and disposing of existing concrete pavement and sidewalk in accordance with the plans. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 10 Remove & Dispose Ex. Culvert (Various Type & Size) This item covers the removal of existing storm drain pipe as shown on the Plans for all types, sizes, and depths. Depending on sequence of construction, Contractor shall allow for removal of pipe in sections as construction scheduling allows. Cost shall include any temporary drainage facilities or connections required to maintain drainage and plug at end of storm drainpipe. All material shall be completely removed with the voids backfilled with clean material in 10-inch maximum lifts. Compact each lift (level with subgrade elevation prior to lime stabilization) to 95% Std. Proctor density per ASTM D-698. Dispose of materials at an acceptable offsite location. The final surface shall be graded to match existing ground. Measurement and payment shall be based on the unit price bid for linear foot (LF) of pipe removed and shall be full compensation for all labor, material, disposal costs, equipment, and incidentals necessary to complete this pay item. Pay Item No. 11 Remove & Dispose Ex. Headwall This item shall consist of removing and disposal of existing headwalls at the locations shown on the construction plans. Measurement and payment shall be per each (EA) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 12 Remove & Dispose Existing Barbed-Wire Fence This item shall consist of removing and disposal of existing fence at the locations and limits shown on the construction plans. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 13 Remove & Dispose Existing Trees (>6-Inch) Page 259 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 28 This item shall consist of removing and disposal of existing trees at the locations and limits shown on the construction plans. Measurement and payment shall be per each tree to be removed (EA) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 14 Remove & Dispose of Ex. Stone Riprap This item shall consist of removing and disposal of existing stone riprap at the locations and limits shown on the construction plans. Measurement and payment shall be per square yard to be removed (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 15 Moisture Conditioned Soil This item shall be constructed based on the following: a. Strip the site of all existing pavements including base materials if any present, and areas of vegetation to a minimum depth of 6 inches below existing grades. Remove any remaining organic or deleterious material under the planned paved areas. b. Cut or fill as needed to provide a minimum of depth noted in the plans of moisture conditioned soils below the pavement and lime stabilized soil depth for the roadway reconstruction. The area of the moisture conditioned soils should extend a minimum of 2 feet beyond the back of roadway curbs or edges. c. After stripping and performing necessary cut or fill, the exposed subgrade should be proof rolled. Proof rolling should consist of rolling the entire pavement subgrade with a heavily loaded, tandem-axle dump truck weighing at least 25 tons or other approved equipment capable of applying similar loading conditions. Any soft, wet or weak soils that are observed to rut or pump excessively during proof rolling should be removed and replaced with well-compacted, on-site clayey material as outlined below. The proof rolling operation should be performed under the observation of a qualified geotechnical engineer and superintendents. After proof rolling, begin placing moisture conditioned fill to final subgrade elevation. The moisture conditioned fill should be placed in maximum 8-inch compacted lifts, compacted to at least 95 percent of the maximum dry density, as determined by ASTM D698 (standard Proctor), and placed at a moisture content that is at least 4 percentage point above the optimum moisture content, as determined by the same test (≥+4%). Fill materials may be derived from on-site or may be imported as long as the materials are essentially free of organic materials and particles in excess of 4 inches in their maximum direction. Excavated weathered shale should not be used as moisture conditioned fill. Imported fill materials should have no less than 35 percent material passing a No. 200 mesh sieve and a Plasticity Index of no more than 30. d. Field density and moisture content testing should be performed at the rate of one test per 100 linear feet of pavement and utility trenches per lift. e. Surface grading adjacent to the edges of pavements flatwork should be sloped away from the edges to the maximum degree possible. Page 260 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 29 f. A 10 mil polyliner moisture barrier shall be installed on top of the moisture treated subgrade and shall extend 6 feet past the edge of pavement. Measurement and Payment shall be made on the basis of the unit price bid per cubic yard (CY), complete in place. Cost shall include all excavation of existing materials to the depth specified, proof rolling subgrade, filling, compaction and watering of the excavated soils to achieve the required treated soils and density, and installation of a polyliner moisture barrier over the moisture conditioned soils. Pay Item No. 16 9-Inch Thick Reinforced Concrete Pavement (Including Integral Curb) This item shall consist of 9-Inch thick reinforced concrete pavement including integral curb. All work shall be performed in accordance with plans and project details. Pavement must obtain a minimum compressive strength of 4,000 psi within 28 days for machine placed and a minimum compressive strength of 4,500 psi within 28 days for hand placed. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 303. Field Quality Control: Concrete Tests: Testing and acceptance of concrete shall meet the requirements specified in NCTCOG section 303.8. Grade and Smoothness Tests: 1. Plan Grade: Finished surface of the flatwork shall not vary more than 0.04 ft. above or below the plan grade or elevation. Finished surfaces of abutting pavement and walks shall coincide at their juncture. Where a new pavement or walk abuts an existing surface, transition pavement or walk strip shall be installed. 2. Surface Smoothness: Finished surface of the flatwork shall have no abrupt changes of more than 1/8" and shall not deviate from the testing edge of a 12 ft. straight edge more than 1/4" plus or minus tolerance. Flow line of gutters shall not deviate from the testing edge of a 10 ft. straight edge more than 1/8" plus or minus tolerance. 3. Concrete Cracking: Contractor is responsible for controlling all concrete cracking. If more than one (1) crack per panel occurs, the Contractor may be required to remove and replace the panel as directed by the Engineer or Owner at the Contractor’s expense. No additional pay. Standard Finishing: Strike slabs off true by double screeding to the required level at or below the elevations and grades shown on the drawings. Set edge forms and screed strips accurately to produce the designated elevations and contours. 1. Walks: Float with wood floats to true planes with no coarse aggregate visible. Hand trowel to produce smooth surfaces. Brush surfaces with a soft fiber brush to produce a uniformly striated finish. Edge concrete surfaces with a rounded edging tool. 2. Curbs and gutters: All curbs shall be formed and finished with a preformed mechanical mule. No hand formed curbs shall be allowed except in those areas that require transitioning to a laydown curb, inlet or radii less than 4 feet. Cross brush surfaces with a soft fiber brush to produce a fine brush finish. Page 261 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 30 3. Approaches: Screed and float to a monolithic medium float finish and belt with a canvas belt to produce a herringbone texture finish. a. Curb Ramps: Provide tooled grooves with chemical staining of concrete as detailed. b. Paving: Vibratory screed the concrete. The vibratory screed shall run along the forms for all paving areas except intersections. The use of a hand-held vibratory screed may be used at intersections. The surface shall be troweled and edged with a steel trowel and then broomed to obtain a smooth, uniform brush finish. Expansion Joints: Locate expansion joints around fixed objects within or abutting concrete, and at intervals of not more than 35 ft. o.c. along walks and curbs and 150 ft. o.c. along drive and parking paving unless otherwise shown on the plans. 1. Install preformed filler with the top edge approximately 1/4" below the finished concrete surface to leave a neat, straight joint. 2. Joints shall be ½" wide unless specifically dimensioned otherwise on the drawings. Joint edges shall be rounded with an edging tool. 3. There shall be no connection by reinforcement or keyway across expansion joints. Joints shall be held in alignment with sleeved, smooth dowels where required. Concrete: 1. Place concrete in accordance with ACI 301 and 304. Deposit concrete so that specified slab thickness will be obtained with use of a vibratory screed and finishing operations. Minimize handling to prevent segregation. Consolidate concrete by suitable means to prevent formation of voids or honeycombs. Exercise care to prevent disturbance of forms and reinforcing and damage to vapor retarder. Place concrete to lines and levels shown, properly sloped to drain into adjacent yard areas or drainage structures. 2. Hot Weather Placement: ACI 305. 3. Cold Weather Placement: ACI 306. 4. Ensure reinforcement, inserts, embedded parts, and formed joints are not disturbed during concrete placement. 5. Place concrete continuously between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur. 6. The Contractor shall not back over the steel at any time while pouring concrete. Construction sequencing efforts shall be utilized to successfully make each concrete pour. If necessary, the Contractor shall utilize concrete pumping to perform the work. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 17 6-Inch Thick Reinforced Concrete Pavement (Including Integral Curb) This item shall consist of 6-Inch concrete pavement. All work shall be performed in accordance with plans and project details. Pavement must obtain a minimum compressive strength of 4,000 psi within 28 days for machine placed and a minimum compressive strength of 4,500 psi within 28 days for hand placed. Page 262 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 31 This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 303. Field Quality Control: Concrete Tests: Testing and acceptance of concrete shall meet the requirements specified in NCTCOG section 303.8. Grade and Smoothness Tests: 4. Plan Grade: Finished surface of the flatwork shall not vary more than 0.04 ft. above or below the plan grade or elevation. Finished surfaces of abutting pavement and walks shall coincide at their juncture. Where a new pavement or walk abuts an existing surface, transition pavement or walk strip shall be installed. 5. Surface Smoothness: Finished surface of the flatwork shall have no abrupt changes of more than 1/8" and shall not deviate from the testing edge of a 12 ft. straight edge more than 1/4" plus or minus tolerance. Flow line of gutters shall not deviate from the testing edge of a 10 ft. straight edge more than 1/8" plus or minus tolerance. 6. Concrete Cracking: Contractor is responsible for controlling all concrete cracking. If more than one (1) crack per panel occurs, the Contractor may be required to remove and replace the panel as directed by the Engineer or Owner at the Contractor’s expense. No additional pay. Standard Finishing: Strike slabs off true by double screeding to the required level at or below the elevations and grades shown on the drawings. Set edge forms and screed strips accurately to produce the designated elevations and contours. 4. Walks: Float with wood floats to true planes with no coarse aggregate visible. Hand trowel to produce smooth surfaces. Brush surfaces with a soft fiber brush to produce a uniformly striated finish. Edge concrete surfaces with a rounded edging tool. 5. Curbs and gutters: All curbs shall be formed and finished with a preformed mechanical mule. No hand formed curbs shall be allowed except in those areas that require transitioning to a laydown curb, inlet or radii less than 4 feet. Cross brush surfaces with a soft fiber brush to produce a fine brush finish. 6. Approaches: Screed and float to a monolithic medium float finish and belt with a canvas belt to produce a herringbone texture finish. a. Curb Ramps: Provide tooled grooves with chemical staining of concrete as detailed. b. Paving: Vibratory screed the concrete. The vibratory screed shall run along the forms for all paving areas except intersections. The use of a hand-held vibratory screed may be used at intersections. The surface shall be troweled and edged with a steel trowel and then broomed to obtain a smooth, uniform brush finish. Expansion Joints: Locate expansion joints around fixed objects within or abutting concrete, and at intervals of not more than 35 ft. o.c. along walks and curbs and 150 ft. o.c. along drive and parking paving unless otherwise shown on the plans. 4. Install preformed filler with the top edge approximately 1/4" below the finished concrete surface to leave a neat, straight joint. Page 263 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 32 5. Joints shall be ½" wide unless specifically dimensioned otherwise on the drawings. Joint edges shall be rounded with an edging tool. 6. There shall be no connection by reinforcement or keyway across expansion joints. Joints shall be held in alignment with sleeved, smooth dowels where required. Concrete: 7. Place concrete in accordance with ACI 301 and 304. Deposit concrete so that specified slab thickness will be obtained with use of a vibratory screed and finishing operations. Minimize handling to prevent segregation. Consolidate concrete by suitable means to prevent formation of voids or honeycombs. Exercise care to prevent disturbance of forms and reinforcing and damage to vapor retarder. Place concrete to lines and levels shown, properly sloped to drain into adjacent yard areas or drainage structures. 8. Hot Weather Placement: ACI 305. 9. Cold Weather Placement: ACI 306. 10. Ensure reinforcement, inserts, embedded parts, and formed joints are not disturbed during concrete placement. 11. Place concrete continuously between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur. 12. The Contractor shall not back over the steel at any time while pouring concrete. Construction sequencing efforts shall be utilized to successfully make each concrete pour. If necessary, the Contractor shall utilize concrete pumping to perform the work. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 18 Stamped & Stained Concrete Median Pavement This item shall consist of the construction of 4-Inch stamped & stained concrete. The concrete shall be Class ‘A’ with a minimum concrete strength of 3,000 psi at 28 days and reinforced with #4 reinforcing bars at 18-Inch spacing in each direction. All work shall be performed in accordance with plans and project details. Contractor to confirm stain color with Town prior to construction. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 19 12-Inch Lime Treated Subgrade This item shall consist of lime stabilization of roadway subgrade. All work shall be performed in accordance with plans and project details. Application rate for lime shall be as specified in the plans and geotechnical report. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 301.2. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 20 6-Inch Flexible Base (FOR TEMPORARY DETOUR) Page 264 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 33 These items shall include the furnishing and complete in place installation of 6” Flexible Base at the locations shown on the plans. The flexible base shall be installed in accordance with TxDOT Standards (Item 247) and details. Grade 1-2, Type D. Payment shall be per square yard (SY) of flexible base installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Contractor should provide truck tickets to the Town staff. Pay Item No. 21 6-Inch Asphalt Pavement (2-Inch SP-D, 4-Inch SP-B) (FOR TEMPORARY DETOUR) These items shall include the furnishing and complete in place installation of 2-Inch SP-D & 4- Inch SP-B at the locations shown on the plans. The asphalt shall be installed in accordance with TxDOT Standards (Item 344) and details. Contractor to submit a mix design for approval. Payment shall be per square yard (SY) of asphalt installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 22 Prime Coat (MC-30 or AE-P) (FOR TEMPORARY DETOUR) These items shall include the furnishing and complete in place installation of prime coat (MC-30 or AE-P) at the locations shown on the plans. The prime coat shall be installed in accordance with TxDOT Standards (Item 310) and details. Payment shall be per square yard (SY) of prime coat installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 23 Hydrated Lime (8%) This item consists of providing the Hydrated Lime used to treat the subgrade. All work shall be performed in accordance with plans and project details including geotechnical recommendations. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications (5TH Edition) Item 301.2. Measurement and payment related to hydrated lime shall be on the basis of the price bid per ton (TON) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. The existing material is known to have low to moderate sulfate levels per the geotechnical report, if a double lime application is required due to borrow material that has high sulfate levels, the additional lime application shall be considered subsidiary to this bid item. Contractor shall test all borrow material prior to delivery. Pay Item No. 24 8-Inch Asphalt Pavement (2-Inch SP-D, 6-Inch SP-B) These items shall include the furnishing and complete in place installation of 2-Inch SP-D & 6- Inch SP-B at the locations shown on the plans. The asphalt shall be installed in accordance with TxDOT Standards (Item 344) and details. Contractor to submit a mix design for approval. Payment shall be per square yard (SY) of asphalt installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 25 Prime Coat (MC-30 or AE-P) These items shall include the furnishing and complete in place installation of prime coat (MC-30 or AE-P) at the locations shown on the plans. The prime coat shall be installed in accordance with TxDOT Standards (Item 310) and details. Page 265 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 34 Payment shall be per square yard (SY) of prime coat installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 26 Barrier Free Ramp This work includes the construction of pedestrian ramps at locations shown in the plans or as determined by the Engineer, in accordance with the appropriate details and specifications. All concrete used for the barrier free ramp construction shall be Class “A” concrete with a minimum compressive strength of 4,000 psi at 28 days. No fly ash will be permitted. Barrier free ramps that guide pedestrians across only one leg of the intersection shall be quantified as “single” ramp, while barrier free ramps that guide pedestrians across two legs of the intersection shall be quantified as a “double” ramp. All ramp construction shall be in compliance with the Texas Accessibility Act Article 9102 of the Texas Civil Statute as administered by the Texas Department of Licensing and Regulations. This includes the correct slope, correct width, correct texture, and correct color differentiation (i.e. staining to the finished ramp). The Engineer shall verify each ramp prior to final acceptance. Any ramp found to be in noncompliance shall be removed and brought to compliance at the Contractor’s sole expense. Measurement and payment for construction of barrier free ramps and materials furnished completed and in place as provided herein shall be made on the basis of the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Pay Item No. 27 Construct Street Header This item shall consist of constructing a street header at locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriated details. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications (5TH Edition) Item 305.4. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 28 Furnish & Install TxDOT Metal Beam Guard Fence This item shall consist of furnishing and installing of metal beam guard fence at the locations shown on the plans per TxDOT standards. Measurement and payment shall be per linear foot (LF) of fence and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 29 Furnish & Install TxDOT TL-2 Thrie-Beam Transition This item shall consist of furnishing and installing of a TxDOT TL-2 Thrie-Beam Transition at the locations shown on the plans per TxDOT standards. Measurement and payment shall be per each (EA) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 30 Furnish & Install TxDOT MSKT-MASH-TL-3 Impact Head This item shall consist of furnishing and installing of a TxDOT MSKT-MASH-TL-3 Impact Head at the locations shown on the plans per TxDOT standards. Page 266 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 35 Measurement and payment shall be per each (EA) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 31 Furnish & Install TxDOT Downstream Anchor Terminal This item shall consist of furnishing and installing of a TxDOT Downstream Anchor Terminal at the locations shown on the plans per TxDOT standards. Measurement and payment shall be per each (EA) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 32 Furnish & Install 2-Inch PVC Conduit This item shall include furnishing and installing 2-Inch PVC Conduit at the locations shown on the construction plans or as determined by the Engineer. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications (5TH Edition) Item 501. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 33 Furnish & Install 4-Inch PVC Conduit This item shall include furnishing and installing 4-Inch PVC Conduit at the locations shown on the construction plans or as determined by the Engineer. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications (5TH Edition) Item 501. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 34 Furnish & Install Bermuda Sod Furnish and install bermuda sod, including removal of any rocks or debris greater than 1/2-inch, 4-inches of Top Soil, fertilizer, and watering until established and accepted by the Town. Measurement and payment shall be made based on the unit price bid per square yard (SY) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Pay Item No. 35 Furnish & Install Traffic Signs This bid item shall include the furnishing installation of new traffic signs as shown on the plans and conforming to the Town standard details. This bid item shall include the pole, hardware, and foundation regardless of type, number of signs, number of street name plates, and size. Measurement and payment for work performed and materials furnished related to installing a new traffic sign shall be on the basis of the price bid per each (EA) and shall be full compensation for furnishing all labor, materials, supplies, equipment, and incidentals necessary to complete the work as specified. Pay Item No. 36 Install 24-Inch Wide Solid White Stop Bar (Thermoplastic) This item includes installation of a 24-Inch wide solid white stop bar at locations shown on the construction plans. The contractor shall clean the surface property before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and details included in the plans. The pavement markings shall be 90 mil thermoplastic. Page 267 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 36 Measurement and payment shall be per linear foot (LF) of striping and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 37 Install Crosswalk Markings (Thermoplastic) This item includes installation of solid white crosswalk markings at the locations shown on the construction plans. The contractor shall clean the surface property before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and Town details. The pavement markings shall be 90 mil thermoplastic. Measurement and payment shall be per linear foot (LF) of striping and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 38 Install Solid 8-Inch Turn Lane Line (Thermoplastic) This item includes installation of white solid turn lane lines at the locations shown on the plans. The contractor shall clean the surface properly before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be 90 mil thermoplastic. Measurement and payment shall be per linear foot (LF) of striping installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 39 Install Solid 6-Inch White Edge Line (Traffic Paint) Pay Item No. 40 Install Solid 6-Inch Yellow Edge Line (Traffic Paint) This item includes installation of white and yellow solid lines at the locations shown on the plans. The contractor shall clean the surface properly before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be painted. Measurement and payment shall be per linear foot (LF) of striping installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 41 Install Solid Double Yellow Center Line (Thermoplastic) This item includes installation of double yellow center line at the locations shown on the plans. The contractor shall clean the surface properly before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be 90 mil thermoplastic. Measurement and payment shall be per linear foot (LF) of striping installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 42 Install Yellow Diagonal Crosshatching (Traffic Paint) Pay Item No. 43 Install White Diagonal Crosshatching (Traffic Paint) This item includes installation of diagonal and chevron crosshatching at the locations shown on the construction plans. The contractor shall clean the surface property before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be painted. Measurement and payment shall be per linear foot (LF) of striping and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 44 Install 6-Inch Broken White Lane Lines Page 268 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 37 This item includes installation of broken white lane lines at the locations shown on the plans. The contractor shall clean the surface properly before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be 90 mil thermoplastic. Measurement and payment shall be per linear foot (LF) of striping installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 45 Furnish & Install Type I-C Marker Pay Item No. 46 Furnish & Install Type II-C-R Marker Pay Item No. 47 Furnish & Install Type II A-A Marker This item includes installation of pavement markers at the locations shown on the plans. This item shall conform to TxDOT Standards. Measurement and payment shall be per each (EA) pavement marker installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 48 Install Thermoplastic Turn Arrow This item includes installation of pavement arrow markings (white 90 mil thermoplastic) at the locations shown on the plans. This item shall conform to TxDOT Standards. The contractor shall clean the surface properly before applying the pavement marking. Measurement and payment shall be per each (EA) pavement marking installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 49 Install 12-Inch Thermoplastic School Zone Line This item includes installation of 12-Inch white solid school zone lines at the locations shown on the plans. The contractor shall clean the surface properly before applying the pavement marking. This item shall conform to NCTCOG (5th Edition) Item 804.2 and TxDOT Standards. The pavement markings shall be 90 mil thermoplastic. Measurement and payment shall be per linear foot (LF) of striping installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 50 Install Thermoplastic ‘ONLY’ Markings This item includes installation of pavement ‘ONLY’ markings (white 90 mil thermoplastic) at the locations shown on the plans. This item shall conform to TxDOT Standards. The contractor shall clean the surface properly before applying the pavement marking. Measurement and payment shall be per each (EA) pavement marking installed and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 51 Furnish & Install 5-Strand Barbed Wire Fence This item shall consist of the construction of a 5-strand barbed wire fence. This item includes all posts and necessary materials to install the fence. All work shall be performed in accordance with plans and project details. Page 269 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 38 Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 52 Furnish & Install Vehicle Gate This item shall consist of the construction of a vehicle gate. This item shall include all posts, connections to adjacent fence, etc. required to install the gate. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 53 Furnish & Install 72-Inch Corrugated Metal Pipe This item shall consist of the construction of the 72-Inch Corrugated Metal Pipe. All work shall be performed in accordance with plans and project details. Measurement and payment shall be per linear foot (LF) and shall include all labor, material, equipment, tools, preparation and incidentals necessary to complete the work. Pay Item No. 54 Furnish & Install 21-Inch RCP Class III Pay Item No. 55 Furnish & Install 24-Inch RCP Class III Pay Item No. 56 Furnish & Install 30-Inch RCP Class III Pay Item No. 57 Furnish & Install 36-Inch RCP Class III Pay Item No. 58 Furnish & Install 42-Inch RCP Class III Pay Item No. 59 Furnish & Install 48-Inch RCP Class III Pay Item No. 60 Furnish & Install 54-Inch RCP Class III Pay Item No. 61 Furnish & Install 60-Inch RCP Class III This work includes the construction of all RCP storm drain (various sizes) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, including NCTCOG Item 501.6 and 508.3. All RCP storm drain shall be Class III (NCTCOG Item 501.6) as indicated on the plans. All bends shall be prefabricated. Ram-nek joint material shall be used for all joints, unless approved otherwise by the Engineer. This work shall include trench excavation, preparation and shaping of bedding, transporting of pipe, jointing, connections to existing and/or proposed improvements and structures, embedment, backfill, and temporary pavement repair, if necessary. Embedment shall be in accordance with the plans and specifications. Where leads or pipe terminate into an existing system, this work shall include construction of a concrete collar at the junction to form a watertight connection. The construction of concrete collars, as required by these specifications and the connection to the existing storm sewer line will not be paid for directly but shall be considered subsidiary to this pay item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of 2-Inch Type B HMAC on 6” Flex Base. Temporary pavement repair shall be constructed and maintained along all storm drain installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the construction of RCP storm drain (various sizes and/or classes), as provided herein, shall be made on the basis of the price bid per linear foot (LF) in accordance with NCTCOG Item 508.6, and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Page 270 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 39 Pay Item No. 62 Furnish & Install 10-ft X 8-ft RCB All RCB storm drain shall be Class III unless otherwise specified and installed in accordance with plans and project details. Backfill and embedment shall be per Standard Specification. All bends shall be prefabricated. Where leads or pipe terminate into the system, a concrete collar shall be poured at the junction to form a watertight connection. This item includes the 6” flexible base subgrade and filter fabric, reference the plans for details. The RCB may be pre-cast or cast-in-place. This work shall include trench excavation, preparation and shaping of bedding, transporting of pipe, jointing, connections to existing and/or proposed improvements and structures, embedment, backfill, and temporary pavement repair, if necessary. Embedment shall be in accordance with the plans and specifications. This item includes any and all construction methods to install the RCB in the existing channel. This includes but is not limited to dewatering, temporary diversion, temporary erosion control, additional excavation (not included in unclassified excavation bid item) etc. to perform the work. Anything associated with the construction of the RCB shall be considered subsidiary to this bid item. This work shall also include the construction of temporary pavement repair, when necessary or as determined by the Engineer, consisting of 2-Inch Type B HMAC on 6” Flex Base. Temporary pavement repair shall be constructed and maintained along all storm drain installed in areas that need to be open to traffic prior to the construction of the final pavement. Temporary pavement repair, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 501.6. Measurement and payment shall be per the linear foot (LF) of box installed at all depths, including all excavation, embedment, backfill and incidentals necessary to complete the work. Pay Item No. 63 Trench Safety for Storm Drain Construction This work includes preparing a job specific trench safety plan and installing the proper shoring and/or bracing to adequately provide a safe trench situation for all utility construction (i.e., storm drain, water and/or sanitary sewer), in compliance with current regulations and requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA) and in accordance with the appropriate details and specifications, including NCTCOG Item 107.19.3. The Contractor shall have a Trench Safety Plan prepared, signed and sealed by a professional engineer, and provided to the Engineer prior to the start of construction. The preparation of the trench safety plan, as required by these specifications, will not be paid for directly but shall be considered subsidiary to this pay item. Measurement and payment for work performed and materials furnished related to the preparation of a trench safety plan and the installation of a trench safety systems, as provided herein, shall be made on the basis of the price bid per linear foot (LF) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Pay Item No. 64 Furnish & Install Recessed 10-Foot Curb Inlet Pay Item No. 65 Furnish & Install Recessed 12-Foot Curb Inlet Page 271 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 40 Pay Item No. 66 Furnish & Install Recessed 15-Foot Curb Inlet Pay Item No. 67 Furnish & Install Recessed 20-Foot Curb Inlet Pay Item No. 68 Furnish & Install Standard 10-Foot Curb Inlet Pay Item No. 69 Furnish & Install Standard 15-Foot Curb Inlet This work includes the construction of standard & recessed curb inlets (various lengths & widths) at the locations shown on the construction plans or as determined by the Engineer, in accordance with the appropriate details and specifications, NCTCOG Item 702, and details specified in the plans. Concrete used for the construction of inlets shall be Class “C”, with a minimum 3,600 psi compressive strength when tested at 28 days. Measurement and payment for work performed and materials furnished related to the construction of curb inlets (various types, lengths & widths), as provided herein, shall be made based on the price bid per each (EA) and shall be total compensation for furnishing and/or operating all labor, materials, tools, equipment and other incidentals necessary to complete the work. Pay Item No. 70 Furnish & Install 4-ft x 4-ft Junction Box Pay Item No. 71 Furnish & Install 5-ft x 5-ft Junction Box Pay Item No. 72 Furnish & Install 6-ft x 6-ft Junction Box These items shall include the furnishing and complete in place installation of storm drain junction boxes at the size, depth, and locations shown on the plans. The junction boxes shall be installed in accordance with NCTCOG (5TH Edition) Item 502.1 and Town design standards and details. Payment shall be for each (EA) junction box installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 73 Furnish & Install 4-ft x 4-ft Wye Inlet These items shall include the furnishing and complete in place installation of wye inlets of at the depth and locations shown on the plans. The inlets shall be installed in accordance with NCTCOG (5TH Edition) Item 702 and Town design standards and details. Payment shall be for each (EA) inlet installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 74 TxDOT Type PW Concrete Headwall (162 LF) Incl. Rail Anchorage Curb Pay Item No. 75 TxDOT Type PW Concrete Headwall (174 LF) Incl. Rail Anchorage Curb This item shall include the furnishing and complete in place installation of TxDOT Type PW headwall of at the locations shown on the plans. This item shall include the construction of the rail anchorage curb per TxDOT detail. The headwalls shall be installed in accordance with TxDOT Standards and details. Payment shall be for each (EA) headwall installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 76 TxDOT Type C402 Combination Rail This item shall include the furnishing and complete in place installation of TxDOT Type C402 Combination Rail at the locations shown on the plans. The rail shall be installed in accordance with TxDOT Standards and details. This item includes all materials needed to finish the face of the rail per the standards shown on the plans, including the formliner, paint, and powder coating of the metal bridge rail. Page 272 Item 22. CSP NO: 2026-12-B 2410-ST Legacy Drive (Prosper Trail – Parvin Road) (Document Version 04/24) 41 Payment shall be per linear foot (LF) of rail installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 77 Town Standard Pedestrian Rail W/ Concrete Mow Strip These items shall include the furnishing and complete in place installation of Town Standard Pedestrian Rail with concrete mow strip at the locations shown on the plans. The rail shall have a Prosper Brown powder coated finish. Payment shall be per linear foot (LF) of rail installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Pay Item No. 78 Furnish & Install Stone Riprap (12-Inch Thick Riprap, 6-Inch Thick Bedding Pay Item No. 79 Furnish & Install Stone Riprap (18-Inch Thick Riprap, 6-Inch Thick Bedding) This item shall consist of installation of rock riprap at this specified thickness and 6-Inch thick bedding. All work shall be performed in accordance with plans and project details. This item shall be governed by all applicable provisions of NCTCOG Standard Specifications Item 803.3. Measurement and payment shall be per square yard (SY) and shall include all labor, material, equipment, tools, preparation, and incidentals necessary to complete the work. Pay Item No. 80 Furnish & Install Temporary Shoring This item shall include the furnishing and complete in place installation of temporary shoring at the locations shown on the plans. The shoring shall be in accordance with TxDOT Item 423. TxDOT detail for Temporary Earth Retaining Wall RW(TEW) can be used as a reference but the contractor may submit alternative shoring methods for approval. The backfill material for any temporary walls shall be Type DS. The Type DS material shall be placed at least one foot above the 100-yr WSEL. Type 1 Filter Fabric shall be placed along all edges of the Type DS Material. The Type DS backfill material and filter fabric is included in this bid item. The height of the shoring may vary; no additional pay will be provided for shoring that is taller than expected. It is the contractor's responsibility to review the plans thoroughly and bid accordingly. The Contractor shall submit a temporary shoring wall design that is signed and sealed by a registered engineer for review and approval. Payment shall be per linear foot (LF) of temporary shoring installed and shall include all labor, equipment, excavation, backfill, embedment, and materials necessary to complete the work. Page 273 Item 22. Page 274 Item 22. 1 Joshua Cotton From:Todd Shirley <stshirley@prosper-isd.net> Sent:Tuesday, April 21, 2026 10:44 AM To:Joshua Cotton Cc:Jonathan Payne; Hulon Webb; Pete Anaya Subject:Re: [*EXTERNAL*] - Re: Legacy Drive Joshua, This was approved by our Board last night. Thanks, Todd On Wed, Apr 15, 2026 at 12:33 PM Joshua Cotton <jcotton@prospertx.gov> wrote: This Message Is From an External Sender This message came from outside your organization. Please use caution when opening attachments, clicking links, scanning QR codes, or responding. Good afternoon, Mr. Shirley. Attached are the Proposal Tabulation Summary and Scoring Matrix for the 2410-ST Legacy Drive (Prosper Trail – Parvin Road) project. Based on the scoring, McMahon Contracting LP will be the contractor recommended to Town Council for award. As noted on the summary, McMahon Contracting LP also proposed the lowest construction cost and duration. If the Prosper ISD school board concurs with this selection at their April 20th meeting, Engineering anticipates taking the construction agenda item for 2410-ST to Town Council during its May 19, 2025, meeting. Please let me know if you need any additional information for Prosper ISD’s meeting. Thank you for your time and effort. From: Todd Shirley <stshirley@prosper-isd.net> Sent: Wednesday, April 8, 2026 3:23 PM To: Joshua Cotton <jcotton@prospertx.gov> Cc: Jonathan Payne <jpayne@tnpinc.com>; Hulon Webb <HWebb@prospertx.gov>; Pete Anaya <PAnaya@prospertx.gov> Subject: Re: [*EXTERNAL*] - Re: Legacy Drive Joshua, Page 275 Item 22. 2 The timing of what you have included should work for us. I will add it to the Board agenda. If someone can send me the details as soon as they are available, I would appreciate it. Our Board will want to have some idea of what they are voting on beforehand. Thanks, Todd On Wed, Apr 8, 2026 at 10:50 AM Joshua Cotton <jcotton@prospertx.gov> wrote: Good morning, Mr. Shirley. The proposals are due Tuesday afternoon on April 14th. It will require internal coordination and carving out time for the Town review committee, but I should be able to share with you April 16th afternoon which contractor ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when opening attachments, clicking links, scanning QR codes, or responding. ZjQcmQRYFpfptBannerEnd Good morning, Mr. Shirley. The proposals are due Tuesday afternoon on April 14th. It will require internal coordination and carving out time for the Town review committee, but I should be able to share with you April 16th afternoon which contractor scored the highest and which contractor will be taken to Town Council for their review and approval. If TNP can also perform their review of the bid tabs within the same couple of days, then will that give you enough time to share with the PISD board for their review and approval on their April 20th meeting? Please correct me if my reading is wrong, but the ILA appears to indicate that PISD review and approval is needed prior to Town construction activities. As such, it seems prudent to get PISD board approval prior to Town Council official award to the contractor. Just hoping to avoid delaying the start of construction on the administrative side. If you have any questions, please feel free to ask. Thank you. From: Todd Shirley <stshirley@prosper-isd.net> Sent: Wednesday, April 8, 2026 9:53 AM To: Jonathan Payne <jpayne@tnpinc.com> Cc: Joshua Cotton <jcotton@prospertx.gov> Subject: [*EXTERNAL*] - Re: Legacy Drive Page 276 Item 22. 3 ***** | ATTENTION, PLEASE VERIFY THIS EMAIL OR CALENDAR INVITE | 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. ***** Jonathan, Do you know when a contractor will be chosen? This likely will need to go to the Board, but I'm guessing a contractor won't be selected until after April 20th. This would then push it to the May meeting. Please let me know when a contractor will be awarded. Thanks, Todd On Mon, Apr 6, 2026 at 11:32 AM Jonathan Payne <jpayne@tnpinc.com> wrote: Todd, I wanted to let you know that is project is out for bid and the Town is scheduled to open bids next week on 4/14. Does this need to go to the school board for review and approval? Or once a contractor is selected, does that go through ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when opening attachments, clicking links, scanning QR codes, or responding. ZjQcmQRYFpfptBannerEnd Todd, I wanted to let you know that is project is out for bid and the Town is scheduled to open bids next week on 4/14. Does this need to go to the school board for review and approval? Or once a contractor is selected, does that go through you for approval? If it needs to go to the school board for approval, would it be possible to go ahead and get it on the agenda for the meeting on 4/20? Thanks, Page 277 Item 22. 4 Jonathan Payne, PE, CFM Senior Project Manager, Associate 214.988.9921 direct | 214.789.2925 mobile | 817.336.5773 front desk Fort Worth | Allen | Denton | Katy | The Woodlands | Houston FTW235GF97Q70 DISCLAIMER: The information contained in this Email message may be confidential or legally privileged. It is for the intended recipient(s) only. Should you receive this message in error, please notify the sender by replying to this message. Please do not read, copy, forward or store this message unless you are an intended recipient. Unless expressly stated, opinions in this message are those of the individual sender and not of TNP. WARNING: Computer viruses can be transmitted via Email. Although TNP has taken reasonable precautions to ensure no viruses are present, TNP cannot accept responsibility for any loss or damage arising from the use of this Email message or attachments. DIS235GF97R1212 Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this in error, please notify the sender by return email and then remove it immediately from your system. Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this in error, please notify the sender by return email and then remove it immediately from your system. Page 278 Item 22. Page 1 of 2 To: Mayor and Town Council From: Joshua Cotton, 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 Legacy Drive (Prosper Trail – Parvin Road) Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Accelerate Infrastructure Delivery Agenda Item: 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 Legacy Drive (Prosper Trail – Parvin Road) project in the amount of $222,722. Description of Agenda Item: At the May 19, 2026, Town Council meeting, the Town Council awarded McMahon Contracting LP, the construction contract for the Legacy Drive (Prosper Trail – Parvin Road) project (2410- 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 Geotex Engineering, LLC for construction materials testing and observation services is 3.80% 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. Geotex Engineering, LLC, is included on the approved list. Geotex Engineering, LLC, successfully completed the testing for the Legacy (Prairie – First) project. ENGINEERING SERVICES Page 279 Item 23. Page 2 of 2 Budget Impact: The estimated cost for professional construction materials testing and observation services is $222,722. The costs will be initially covered by the same Interlocal Agreement (ILA) dated November 26, 2024, with Prosper Independent School District (PISD) which is funding the construction of the Legacy Drive (Prosper Trail – Parvin Road) project. PISD is funding the construction costs, including professional construction materials testing and observation services, through two deposits to the Town of Prosper (Town). Upon the Town’s execution of a Construction Agreement with McMahon Contracting LP, PISD shall deposit the first half (1/2) of the construction costs. When the construction is 50% complete, PISD shall deposit the second half (1/2) of the construction costs with the Town. The deposited funds will be used for the construction of and materials testing for the Legacy Drive (Prosper Trail – Parvin Road) project under Account No. ST202410-CONST-CONST. Once construction is complete, the Town will reimburse PISD in accordance with the ILA within four (4) years of Final Acceptance of the Legacy Drive (Prosper Trail – Parvin Road) project. The reimbursement for professional construction materials testing and observation services will be a portion of the overall costs associated with the Town’s portion of the project. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard professional services agreement as to form and legality. Attached Documents: 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 Geotex Engineering, LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Legacy Drive (Prosper Trail – Parvin Road) project in the amount of $222,722. Proposed Motion: I move to authorize 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 Legacy Drive (Prosper Trail – Parvin Road) project in the amount of $222,722. Page 280 Item 23. LOCATION MAP Legacy Drive (Prosper Trail - Parvin Road) Page 281 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 10 PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING, LLC FOR THE LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) PROJECT (2410-ST) This Agreement for Professional Construction Materials Testing & Observation 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 GEOTEX ENGINEERING LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional construction materials testing & observation 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 construction materials testing & observation services in connection with the LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) Project (2410-ST), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foreg oing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement an amount not-to-exceed Two Hundred Twenty-Two Thousand, Seven Hundred Twenty-Two Dollars and Zero Cents ($222,722.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. All other not to exceed fees shall be billed monthly based on the units of work that have been 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 Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount Page 282 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 10 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 C onsultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifi cations and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND Page 283 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 10 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: Geotex Engineering LLC Amy Brothers, P.E., President / Owner P.O. Box 855 Collinsville, TX 76233 ABrothers@geotex-engineering.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this A greement 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 284 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 10 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. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contr acts with or provide supplies or services to a “foreign terrorist organization” as defined in § 22 52.151 of the Texas Government Code. 21. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. GEOTEX ENGINEERING LLC By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Page 285 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 10 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) PROJECT (2410-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Page 286 Item 23. 1101 Shady Oaks Drive, Denton, Texas 76205-7938 Phone: 940.735.3733 ● Fax: 940.591.6570 ● www.geotex-engineering.com Texas Engineer Firm Registration # F-12796 Oklahoma Engineering Firm Certificate of Authorization CA 71811 April 17, 2026 24-1518 Mr. Joshua Cotton Town of Prosper jcotton@prospertx.gov Subject: Construction Materials Testing Services Legacy Drive Paving & Drainage Improvements from Prosper Trail to Parvin Road Prosper, Texas Dear Mr. Cotton: Geotex Engineering is pleased to submit this proposal for construction materials testing for the above- referenced project. We understand that the project entails paving and drainage improvements for Legacy Drive in Prosper, Texas. This proposal is based on the civil construction set plans dated March 2026; the geotechnical report by Geotex Engineering #G24-2066 dated August 13, 2024. PROJECT INFORMATION Based on our review of the project plans and specifications, we understand that the project will consist of the following:  Legacy Drive Paving & Drainage Improvements  Moisture-conditioned paving subgrade (5 feet with a 1-foot lime stabilized cap)  Portland cement concrete paving  8-inch asphalt pavement  6-inch asphalt pavement  6-inch flexible base (for temporary detour)  Utility trench backfill  Concrete headwall  Combination rail  Mow strip  Storm inlets  Junction boxes SCOPE OF SERVICES The following scope of services is based on our review of the project documents and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. Same-day call-ins will be billed at premium rates. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Page 287 Item 23. Legacy Drive Paving & Drainage Improvements from Prosper Trail to Parvin Road Town of Prosper, Texas G e o t e x E n g i n e e r i n g Page 2 Earthwork ➢ Obtain and perform laboratory moisture/density relations (ASTM D698) and soil classification tests (liquid limit, plastic limit, and percent finer than no. 200 sieve analysis) for each soil type ➢ Perform in-place moisture/density tests at the proposed rate of 1/300 linear feet for paving and trench utility backfill, with a minimum of 3 tests per lift ➢ Perform a pH test per 300 feet of spacing or less along each roadway and fire lane direction ➢ Determine swell potential and compressive strength every 900 feet spacing or less along each roadway and fire lane direction ➢ Perform in-place sieve analysis at the rate of 1/300 linear feet and depth checks at the rate of 1/100 linear feet on lime-treated paving subgrades Asphalt Paving ➢ Determine roll patterns for placement of the proposed HMAC pavement surface ➢ Determine pavement thickness by cores at the rate of 1/300 linear feet. Reinforcing Steel ➢ Perform reinforcing steel observation which will include: ▪ verify the number and size of bars ▪ verify clearance between bars and spacing ▪ verify securing, tying, and chairing of bars Cast-In-Place Concrete ➢ Perform testing during concrete placements, which will include: ▪ perform ambient and concrete temperature determinations ▪ perform entrained air content determination ▪ perform slump determination ➢ Cast concrete test cylinders at the proposed rate of 5/100 cubic yards of concrete placed, or a fraction thereof placed per day ➢ Compressive strength determination of concrete test cylinders with one tested at 7 days, three tested at 28 days, and one held in reserve ➢ Perform pavement depth checks by core every 900 feet or less Notes and Qualifications: Preparation of a compliance letter or other tasks and services that will require Professional Engineering (PE) hours will be billed at the PE’s rate of $250/hour. Page 288 Item 23. Legacy Drive Paving & Drainage Improvements from Prosper Trail to Parvin Road Town of Prosper, Texas G e o t e x E n g i n e e r i n g Page 3 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 $222,722. 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 services provided by Geotex Engineering will be consistent with the engineering standards prevailing at the time and in the area in which the work is performed; no other warranty, express or implied, is intended. Estimates are valid for 60 days. If ICC Special Inspections are requested or required, additional fees will apply. Any additional testing that the client requests will be billed. Fees are subject to increases upon the calendar year or following years of signing the contract. Additional slump, entrained air, and temperature tests requested will be charged to the client. (Slump-$20), (Entrained Air and Unit Weight-$25), (Temperature-$5). If a NICET inspector is required, additional fees will apply. We appreciate the opportunity to provide you with our services. Please call if you have questions or wish to discuss the budget estimate. Sincerely, Geotex Engineering, LLC Brandon Lowrance Brandon Lowrance Chief Estimator Page 289 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 10 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY DRIVE (PROSPER TRAIL – PARVIN ROAD) PROJECT (2410-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Page 290 Item 23. Geotex Engineering, LLC 1101 Shady Oaks Dr Denton, Texas Phone: 940.735.3433 Quantity Unit Unit Rate Total Moisture Density Relations (ASTM D698 - Method A or B)6 each $210.00 $1,260.00 Moisture Density Relations Treated (ASTM D698 - Method A or B)2 each $310.00 $620.00 Moisture Density Relations (ASTM D698 - Method C)1 each $235.00 $235.00 Atterberg Limits (ASTM 4318)8 each $95.00 $760.00 Minus 200 Sieve Analysis 8 each $55.00 $440.00 Soil pH 16 each $75.00 $1,200.00 Overburden Swell 6 each $125.00 $750.00 Unconfined compressive strength (soil)6 each $75.00 $450.00 Sieve Analysis 1 each $300.00 $300.00 Oversized Rock Correction 1 each $110.00 $110.00 Lime Depth Checks 50 each $20.00 $1,000.00 Lime Subgrade Gradations 16 each $20.00 $320.00 Sulfate Content in Soils, Colorimetric Method 3 each $105.00 $315.00 Lime Series 1 each $525.00 $525.00 Lime Series Letter 1 hour $250.00 $250.00 200 each $20.00 $4,000.00 60 each $20.00 $1,200.00 150 each $20.00 $3,000.00 336 hour $65.00 $21,840.00 200 hour $65.00 $13,000.00 250 hour $65.00 $16,250.00 180 hour $97.50 $17,550.00 Trip Charge 132 trip $50.00 $6,600.00 Project Manager 58 hour $175.00 $10,150.00 Project Administration n/a %10 $10,213.00 $112,338.00 Certified Engineering Soils Technician (Estimated overtime) Item Item In-Place Moisture-Density Tests (Utilities) Min 3 Per Trip Certified Engineering Soils Technician - Paving (Min. 4 hrs. per trip) Certified Engineering Soils Technician - Utilities (Min. 4 hrs. per trip) Estimated Total for Earthwork Services for Paving & Utilities: Earthwork Observation & Testing Paving & Utilities Certified Engineering Soils Technician - Grading Fill (Min. 4 hrs. per trip) In-Place Moisture-Density Tests (Paving) Min 3 Per Trip Budget Estimate for Construction Materials Legacy Drive Paving & Drainage Improvements From Prosper Trail to Parvin Road Prosper, Texas 26-1518 In-Place Moisture-Density Tests (Grading Fill) Min 3 Per Trip Testing & Observation Services Page 291 Item 23. Geotex Engineering, LLC 1101 Shady Oaks Dr Denton, Texas Phone: 940.735.3433 Item Budget Estimate for Construction Materials Legacy Drive Paving & Drainage Improvements From Prosper Trail to Parvin Road Prosper, Texas 26-1518 Testing & Observation Services Quantity Unit Unit Rate Total Concrete Test Cylinders (4 x 8 inch) 480 each $26.00 $12,480.00 (Includes: ambient & concrete temperatures, slump, air & unit weight) Certified Engineering Concrete Technician (Min. 4 hrs. per trip)708 hour $65.00 $46,020.00 (Includes reinforcing observation & cylinder pick up) Certified Engineering Concrete Technician (Estimated overtime)126 hour $97.50 $12,285.00 Core Drilling Machine Fee 1 trip $375.00 $375.00 Hilti Ferroscan (Min. 4 hr. charge)4 hour $135.00 $540.00 4-inch Diameter or Less, Concrete Cores to 8" depth 5 each $75.00 $375.00 Core Length Only (ASTM C-174)5 each $25.00 $125.00 Core Hole Patching 5 each $75.00 $375.00 Engineering Concrete Core Technician 8 hour $65.00 $520.00 Trip Charge 123 trip $50.00 $6,150.00 Project Manager 50 hour $175.00 $8,750.00 Project Administration n/a %10 $8,800.00 $96,795.00 40 hour $85.00 $3,400.00 16 hour $127.50 $2,040.00 Nuclear Density Gauge Equipment Rental Fee 5 day $125.00 $625.00 Core Drilling Machine Fee 1 trip $375.00 $375.00 6-inch Diameter asphalt Cores to 6" depth 4 each $75.00 $300.00 Core Disposal Fee 4 each $30.00 $120.00 6 trip $50.00 $300.00 Project Manager 5 hour $175.00 $875.00 Project Administration n/a %10 $804.00 $8,839.00 Project Setup Fee 1 each $250.00 $250.00 Allowance for Sr. Engineer 18 hour $250.00 $4,500.00 $4,750.00 $222,722.00 Item Asphalt Observation & Testing Estimated Total for Concrete Services for Paving & Utilities: Estimated Total for Above Services: Trip Charge Estimated Total for Asphalt Services: Concrete Observation & Testing - Paving & Utilities Certified Roadway Specialist - Set Rolling Patterns Certified Roadway Specialist (Estimated overtime) Page 292 Item 23. Geotex Engineering, LLC 1101 Shady Oaks Dr Denton, Texas Phone: 940.735.3433 Item Budget Estimate for Construction Materials Legacy Drive Paving & Drainage Improvements From Prosper Trail to Parvin Road Prosper, Texas 26-1518 Testing & Observation Services SCHEDULED ASSUMPTIONS AND NOTES NOT INCLUDED IN REQUIREMENTS OR THE BUDGET Tests in excess of above stated quantities or additional tests not listed Retesting of any failed tests / observation Temporary site curing facility Project compliance letter The fees listed above for field and laboratory tests, include the equipment necessary to accomplish the task. Fees not listed above are available upon request. Estimates are valid for 60 days. Any additional testing that the client requests will be billed. There will be a 50% surcharge to the standard testing fees on all testing performed on rush orders. All services and personnel fees are subject to a minimum fee of four hours per trip for all scheduled inspections, site visits and for cancellations (on-site or in route) unless noted otherwise. Hourly rates quoted are portal to portal and apply to standard work days, Monday through Friday 7:00 am to 6:00 pm. Overtime rate of 1.5 times the quoted rate will be applied outside of the standard work hours, over 8 hours a day and on Saturday. Sundays and Holidays will be billed at 2 times the quoted rates. Fees listed above are per unit/hour, unless otherwise noted. Same-day call-ins to be billed at 1.5 times the hourly rate of the available personnel, up to and including the project manager's rate. Fees listed are for informational use only and are subject to change. If ICC Special Inspections are required, additional fees will apply. Fees are subject to increases upon the calendar year or following years of signing the contract. Additional slump, entrained air and temperature tests requested will be charged to client. (Slump-$20), (Entrained Air and Unit Weight-$25), (Temperature-$5). If NICET inspector is required, additional fees will apply. 250 cubic yards of concrete placed per day. 5 trips for asphalt placement. No construction schedule provided. 1 trip for concrete coring. Utility backfill completed at a rate of 100 linear feet per day, full depth of trench. Cast-in-place storm inlets, junction boxes, reinforced concrete boxes. Concrete for inlets is completed at a rate of 2 per trip. 6 trips for cast-in-place RCB. No testing for stone rip rap. Moisture conditioning completed in 42 days. Page 293 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 10 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s 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 294 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 10 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 295 Item 23. Page 296 Item 23. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 10 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Page 297 Item 23. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Park Improvement Fee Agreement - Mirabella Town Council Meeting – May 19, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Accelerate Infrastructure Delivery Agenda Item: Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Jen Texas 40 for the Mirabella development. Description of Agenda Item: By Town Ordinance, developers in Prosper are assessed park improvement fees and park dedication fees for residential development. These park fees are used to acquire land and build parks, park amenities, and hike and bike trails. The grandfathered park improvement fee structure is $1,200 per single-family residential unit per an agreement between the Town of Prosper, 104 Prosper and 310 Prosper (recorded in 2005). The Park Dedication Fee is determined by taking the larger amount of the number of lots divided by 35 or 5% of the development area. This calculation yields the required acreage for land dedication or a fee in lieu of the land dedication based on the land value. The developer is requesting consideration of an Agreement to: (1) Receive credits to the park improvement fees in exchange for constructing trail adjacent to their development. Developer owes $345,600 in park improvement fees and is requesting $225,000 credit for trail construction. Developer will pay the remaining $120,000 due to the Town. (2) Dedicate 19.4 acres (2.3 acres non-floodplain) for a 9.55-acre dedication requirement. The Parks and Recreation Board is reviewing and considering a recommendation of the Park Improvement Fee Agreement at their meeting on May 13, 2026. Budget Impact:  Park improvement fees credited – 288 lots @ $1,200 = $345,600.00  Park dedication fees credited – 288 lots / 35 = 8.229 acres or 5% of 191 acres = 9.550 acres. Staff recommends accepting the 9.550 acres. PARKS AND RECREATION Page 298 Item 24. 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. Park Improvement Fee Agreement for Mirabella Town Staff Recommendation: Town Staff recommend the Town Council approve a Park Improvement Fee Agreement between the Town of Prosper and Jen Texas 40 for the Mirabella development. Proposed Motion: I move to approve the Park Improvement Fee Agreement between the Town of Prosper and Jen Texas 40 for the Mirabella development. Page 299 Item 24. 1 After Recording Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 PARK FACILITIES AGREEMENT THIS PARK FACILITIES AGREEMENT (the “Agreement”) is made and entered into as of this ___day of May, 2026, by and between JEN TEXAS 40 LLC, a Texas limited liability company (“Owner”), and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality (“Town”), on the terms and conditions hereinafter set forth. W I T N E S S E T H: WHEREAS, Unlimited Exchange II, Inc., a Texas corporation, as Qualified Intermediary for 310 Prosper, L.P., a Texas limited partnership and Qualified Intermediary for 55 Prosper, L.P., a Texas limited partnership, sold to Highland Homes-Dallas, LLC, a Texas limited liability company, approximately 191 acres of land in the Mirabella (fka Rutherford Creek) development in the Town, as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, Thereafter Highland Homes-Dallas, LLC conveyed the Property to Owner; and WHEREAS, the Town owns approximately 2.48 acres of land adjacent to the subject Property, in the Town, as more particularly depicted on Exhibit C, attached hereto and incorporated herein by reference (the “Town Park Property”); and WHEREAS, The Town adopted Park Dedication Fee Requirements and Park Improvement Fees, as well as relevant parkland provisions in the Town’s Subdivision Ordinance, as they now exist or hereafter may be amended (collectively referred to herein as the “Ordinances”); and WHEREAS, 310 Prosper, L.P., 55 Prosper, L.P., 104 Prosper, L.P. and the Town of Prosper, Texas previously entered into that certain Agreement dated as of October 3, 2005, recorded Document No. 2005-0144357, Real Property Records, Collin County, Texas (as amended, the “Park Fee Agreement”), pursuant to which, in exchange for the dedication by 310 Prosper, L.P., 55 Prosper, L.P. and 104 Prosper, L.P. of certain real property to the Town, the Town agreed to (i) cap the amount of park improvement fees assessed by the Town per single-family residential unit to be developed on the real property owned by 310 Prosper, L.P., 55 Prosper, L.P., and 104 Prosper, L.P., located within the Town at $1,200 per unit (the “Park Improvement Fee Cap”) and (ii) provide Page 300 Item 24. 2 certain credits against future park improvement fees payable by 310 Prosper, L.P., 55 Prosper, L.P., and 104 Prosper (the Park Improvement Fee Credits); and WHEREAS, 310 Prosper, L.P., 55 Prosper, L.P, and Highland-Homes Dallas, LLC, entered into an Agreement dated March 11, 2025, recorded in Collin County under Clerk’s File No. 2025000028239 (the “Park Fee Allocation Agreement”), later assigned to Owner on March 11, 2025, which among other items includes provisions for the transfer and assignment of the Assigned Park Fee Rights, excluding the Retained Park Fee Rights from 310 Prosper, L.P. and 55 Prosper, L.P. to Highland -Homes Dallas, LLC. WHEREAS, 310 Prosper, L.P., 55 Prosper, L.P. and the Town of Prosper, Texas previously entered into that certain Agreement dated as of October 25, 2022, recorded Document No. 2022000157257, Real Property Records, Collin County, Texas (as amended, the “Development Agreement”), which amon g other items includes provisions for Park Dedication Fee Credit, Park Dedication Requirements and Park Dedication Cap Properties. WHEREAS, Owner desires to fulfill its Park Dedication Fee Requirement s and Park Improvement Fees obligations associated with the development of the Property as prescribed in said Park Fee Agreement, Park Fee Allocation Agreement and Development Agreement (collectively, “Park Agreements”) by payment of $345,600 in Park Improvement Fees to the Town of Prosper (an amount that may be credited to Owner for Public Trail Improvements on the Property as outlined in the Agreement below) and conveyance of approximately 19.4 acres of land with lakefront access adjacent to existing Town parkland with access to US 380, as more particularly described on Exhibit D and depicted on Exhibit C, attached hereto and incorporated herein by reference (the “Park Dedication Property”); and WHEREAS, Owner’s payment of the $345,600 in Park Improvement Fees (which may be credited to Owner for Public Trail Improvements), conveyance of the Park Dedication Property, and approximately $1,900,000 in tree mitigation fees, provides sufficient funds and land to allow, but not obligate, the Town to construct a lakefront public park with convenient access to US 380. WHEREAS, In consideration of Owner’s actions set forth below, the Town agrees that Owner may fulfill its Park Dedication Fee Requirements and Park Improvement Fees obligations prescribed in said Park Agreements in the manner set forth below; and WHEREAS, Owner and the Town agree that use of the Park Property benefits the residents of the Town, as a whole; and WHEREAS, Once the Owner conveys the Park Dedication Property to the Town, the Town shall indefinitely maintain the Park Dedication Property and Town Park Property (collectively, the “Park Property”) and any improvements associated therewith; and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Town, and Owner agree as follows: Page 301 Item 24. 3 1. Land Subject to Agreement. The Property described in this Agreement is depicted in Exhibit B attached hereto. The Park Property described in this Agreement is depicted in Exhibit D. 2. Park Dedication Property. Owner shall, at its sole cost and expense, dedicate and convey to Town the Park Dedication Property by plat, in accordance with the Planned Development District Number 114. Owner shall provide the Town with an acceptable title policy for the Park Dedication Property in conjunction with the dedication of the Property to the Town, as follows: (a) Fee simple title to approximately 19.4 acres of land located within the Property and adjacent to the Town Park Property. The Owner shall not convey any easements within the Park Property without Town’s prior written approval; and (b) Notwithstanding anything to the contrary set forth herein or in the applicable Town ordinances, rules or regulations, the Town agrees that Owner’s conveyance of the Park Dedication Property shall satisfy in full its Park Dedication Requirements. 3. Town Maintenance. Following the conveyance of the Park Dedication Property to the Town, the Town agrees, to maintain the Park Dedication Property. T 4. Payment of Park Improvement Fees Requirements . Notwithstanding any provision in this Agreement or the Owner’s conveyance of the Park Dedication Property to the Town, the Owner’s payment to the Town shall in no event exceed the amount of Park Improvement Fees owed by Owner to the Town ($345,600 in total, $1,200 per single family unit assuming two-hundred eighty eight (288) units), in accordance with the Park Fee Agreement. Such Park Improvement Fees owed to be adjusted based on the actual number of residential lots as shown on final plats as they are recorde d. The payment and/or credits of such fees shall be in accordance with the obligations set forth in this Agreement. 5. Reimbursement for Public Trail Improvements. (a) The Town and Owner agree that the Owner may receive credits against the required Park Improvement Fees for public trail improvements constructed by Project Manager on the Property (the “Public Trail Improvements”). (b) Prior to receiving any Credit for Public Trail Improvements as defined in subparagraph (e) below, Project Manager shall tender to Town evidence, in a form(s) reasonably acceptable to Town, of the construction costs incurred for the Public Trail Improvements in the form of a pay app with associated lien waivers (“Evidence of Payment(s)”). (c) Upon Project Manager or Owner providing Town any Evidence of Payment(s) for Public Trail Improvements, Town will credit Owner for Page 302 Item 24. 4 the amount of construction costs (the “Credit”) set forth in the Evidence of Payment(s), which Credit will be applied toward the actual amount of the Park Improvements Fees due or that may become due on the Property. If the amount of the Credit exceeds the actual amount of the Park Improvement Fees which are then due by Owner and/or the Property, then Owner (or the applicable owner of the portion of the Property for which the Park Improvement Fees are due) shall tender the remaining balance of the Park Improvement Fees due (“Paid Park Improvement Fees”) under the Town ordinances to the Town, which Paid Park Improvement Fees shall be deposited by the Town in an escrow account for the Owner to draw from as Evidence of Payment(s) is provided to the Town for Public Trail Improvements. The Town is not obligated to reimburse the Owner for any excess costs for Public Trail Improvements beyond the lesser of (i) TWO HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($225,000.00) and (ii); the amount of Park Improvement Fees owed to the Town for the Property. 6. Insurance. Prior to conveyance of the Park Dedication Property by Owner to the Town, the Owner shall be responsible for insurance coverage for the Park Dedication Property and construction of any associated improvements. Upon conveyance of the Park Dedication Property by the Owner to the Town, the Town shall be responsible for insurance coverage for the Park Dedication Property and construction of any associated improvements. 7. Taxes. The Owner is responsible for any ad valorem taxes prior to the date of conveyance of the Park Dedication Property from the Owner to the Town. After the date of conveyance of the Park Dedication Property from the Owner to the Town, any ad valorem taxes will be prorated based on the date of conveyance for the current tax year. The Town will be responsible for the entire amount of any ad valorem taxes for the Park Dedication Property for future tax years. 8. Indemnity. Following the conveyance of the Park Dedication Property to the extent authorized by Texas law, the Town agrees to indemnify, defend and hold harmless the Owner, its officers, agents, and employees from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to any breach of this agreement, or any injury or damage to persons or property occurring on the dedicated land, except to extent cause by the sole negligence or willful misconduct of the Owner. 9. Default. Prior to the exercise of any remedy by Town or Owner due to a default by the other party, (i) the non-defaulting party shall deliver a written notice to the defaulting party formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s) identified in the default notice shall not be a default hereunder and the non-defaulting party shall not exercise any remedy if the default is cured within ten (10) days following the defaulting party's receipt of such default notice; provided, that if such default is non-monetary and cannot reasonably be cured within such ten (10) day Page 303 Item 24. 5 period, the defaulting party may have a reasonable period of time to cure such default if the defaulting party commences action to cure such default within such period of ten (10) days and thereafter diligently proceeds to cure such default and pr ovided that such extended period does not exceed thirty (30) days. Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the applicable time period, the sole and exclusive remedies of the non -defaulting party will be to terminate this Agreement and thereafter the parties will not have any further rights, duties or obligations under this Agreement, except that any obligations or liabilities of the defaulting party that accrued prior to the date of termination will survive. 10. Covenant Running with the Land. The obligations set forth herein relate to the Property, in whole and in part, and this Agreement shall be a covenant running with the land and the Property and shall be binding upon the Owner, as the case may be , and their respective successors, assignees, and grantees. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Notwithstanding the obligations herein that burden the Property shall be rel eased automatically as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion thereof, being reviewed, approved and executed by the Town and filed in the Collin County Real Property Records. Any third party, including any title company, grantee or lien holder, shall be entitled to rely upon this Paragraph to establish whether such termination has occurred with respect to any lot. 11. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand–delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: TO TOWN: With a copy to: Town of Prosper Terrence S. Welch Attention: Town Manager Brown & Hofmeister, LLP 250 W. First Street 740 East Campbell Rd., Suite 800 P. O. Box 307 Richardson, Texas 75081 Page 304 Item 24. 6 Prosper, Texas 75078 Telephone: (214) 747-6100 Telephone: (972) 346-2640 TO OWNER: With a copy to: JEN TEXAS 40 LLC HIGHLAND HOMES-DALLAS, LLC 1601 Elm Street, Suite 4360 5601 Democracy Drive, Suite 300 Dallas, Texas 75201 Plano, Texas 75024 Attention: Mike Brady Attention: Jeff Stinson Telephone No.: (972) 789-3500 Email: jeff.stinson@highlandhomes.com With a copy to: TG PROJECT MANAGEMENT 1, LLC Attention: Mr. Andre Ferrari 5301 Headquarters Drive, Suite 120 Plano, Texas 75024 Telephone No.: (469) 532-0689 Email: aferrari@tellusgroupllc.com 12. Captions and Headings. The captions and headings of the Sections of this Agreement are for convenience and reference only and shall not affect , modify or amplify the provisions of this Agreement, nor shall they be employed to interpret or aid in the construction of this Agreement. 13. Application of Texas Laws and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Agreement shall lie in Collin County, Texas. 14. Prevailing Party in Event of Legal Action. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceed ing shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees of any appeal). 15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. 16. Invalidation. Invalidation of any one of the provisions of this document b y judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Page 305 Item 24. 7 17. Telecopied Facsimile. 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. 18. Town Manager Authorized to Execute. The Town Manager of the Town of Prosper is authorized to execute this Agreement on behalf of the Town. 19. 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. 20. Binding Obligation. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Owner warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Owner to the same. Further, this Agreement is and shall be binding upon Town, Proand Owner, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 21. Roughly Proportionate Determination under Texas Law. Owner has been represented by legal counsel in the negotiation of this Agreement and been advised, or have had the opportunity to have legal counsel review this Agreement and advise Owner, regarding Owner’s rights under Texas and federal law. Owner hereby waive any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town in this Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are roughly proportional or roughly proportionate to the project’s anticipated impact. Owner specifically reserve their rights to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Owner hereby waive and release the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure improvements required by this Agreement. This Paragraph shall survive the termination of this Agreement. 22. Rough Proportionality Determination under Federal Law . Owner hereby waive any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution and Chapter 395 of the Texas Local Government Code in regard to this Agreement. Owner 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 in this Agreement, if any, mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as Page 306 Item 24. 8 any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement. Owner further acknowledges that the benefits of zoning and platting have been accepted with full knowledge of potential claims and causes of action which may be raised now and in the future, Owner acknowledges the receipt of good and valuable consideration for the release and waiver of such claims. This Paragraph shall survive the termination of this Agreement. 23. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a “permit” as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides Town with fair notice of Owner’s project. This Paragraph shall survive the termination of this Agreement. 24. Owner’s Warranties/Representations. All warranties, representations and covenants made by Owner in this Agreement or in any certificate or other instrument delivered by Owner to Town under this Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by Town or on Town’s behalf. 25. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 26. Sovereign Immunity. The parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, except as to Chapter 271, Subchapter I of the Texas Local Government Code. 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. Conveyances. All conveyances required herein shall be made in a form acceptable to Town and free and clear of any and all liens and encumbrances. Page 307 Item 24. 9 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOWN: THE TOWN OF PROSPER, TEXAS By: Name: Title: STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by _________, ___________ of the Town of Prosper, Texas, on behalf of the Town. ________________________________ Notary Public, State of Texas Page 308 Item 24. 10 OWNER: JEN TEXAS 40 LLC a Texas limited liability company By: Name: Title: STATE OF TEXAS ) ) COUNTY OF ______ ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by __________, __________ of JEN TEXAS 40 LLC, a Texas limited liability company, and that he executed the same on behalf of and as the act of said limited liability company. ________________________________ Notary Public, State of Texas Page 309 Item 24. 11 EXHIBIT A Property Legal Description BEING a tract of land situated in the J. Horn Survey, Abstract No. 411, Town of Prosper, Collin County, Texas, being part of those tracts (Tract 1 and Tract 2), conveyed to 310 Prosper, L.P., by deed recorded in Volume 5823, Page 3462, Deed Records, Collin County, Texas (DRCCT), all of another tract conveyed to same, recorded in Volume 5900, Page 1620 DRCCT, and being part of a tract conveyed to 55 Prosper, L.P., recorded in Document No. 20080605000680470, Official Public Records, Collin County, Texas (OPRCCT), part of another tract conveyed to same, recorded in Document No. 2023000139028 OPRCCT, and part of a tract conveyed to 67 Prosper, L.P., recorded in Document No. 20060921001363990 OPRCCT, with the subject tract being more particularly described as follows: BEGINNING at 1/2" iron rod found on the west line of Farm to Market Road 2478, a variable width public right-of-way (also known as Custer Road), for the northeast corner of Lot 1, Block A, SCI Prosper Trails Addition, recorded in Book 2021, Page 351, Plat Records, Collin County, Texas (PRCCT); THENCE along the common line thereof, the following: N 89°51'32" W, 36.51 feet to a 1/2" iron rod with plastic cap found; S 84°38'39" W, 61.31 feet to a 1/2" iron rod with plastic cap found; S 79°08'50" W, 386.85 feet to a 1/2" iron rod with plastic cap found; S 68°32'53" W, 117.72 feet to a 1/2" iron rod with plastic cap found; S 57°19'01" W, 327.70 feet to a 1/2" iron rod with plastic cap found; S 58°07'02" W, 510.02 feet to a 1/2" iron rod with plastic cap found; S 01°24'14" W, 121.57 feet; S 88°01'20" E, 4.88 feet to a 1/2" iron rod with plastic cap f ound; S 37°00'43" E, 326.39 feet to a 1/2" iron rod with plastic cap found; S 17°37'31" E, 480.17 feet to a 5/8" iron rod found; S 24°51'40" W, 503.92 feet; S 02°03'26" E, 293.83 feet; And S 12°50'22" W, 87.80 feet to a 1/2" iron rod with plastic cap stamped Page 310 Item 24. 12 "SPIARSENG" set on the westerly north line of a tract conveyed to the City of Prosper, recorded in Volume 6022, Page 4349 DRCCT; THENCE along the common line thereof, the following: S 89°10'29" W, 113.87 feet; S 19°18'08" W, 236.78 feet; S 06°00'44" W, 165.13 feet; S 16°13'32" E, 275.59 feet; S 01°55'41" W, 192.92 feet; And S 07°59'41" W, 96.29 feet to a 5/8" iron rod found for the southwest corner thereof, being the northwest corner of a tract conveyed to Prosper Detention, LLC, recorded in Document No. 20160527000664250 OPRCCT; THENCE S 07°07'14" W, 123.50 feet along the common line thereof to a 5/8" iron rod with plastic cap found for the northeast corner of Lot 1, Block A, Brookhollow Apartments, recorded in Book 2021, Page 436 PRCCT; THENCE S 89°19'42" W, 1192.37 feet along the common line thereof; THENCE S 00°40'18" E, 24.00 feet continuing along the common line of Lot 1 to the northeast corner of a tract conveyed to Prosper Hollow LP, recorded in Document No. 2022000135693 OPRCCT; THENCE along the common line thereof, the following: N 89°35'50" W, 1542.12 feet to a 1/2" iron rod found; A non-tangent curve to the left having a central angle of 33°46'54", a radius of 416.49 feet, a chord of S 26°16'06" W - 242.02 feet, an arc length of 245.56 feet; A compound curve to the left having a central angle of 30°08'03", a radius of 230.00 feet, a chord of S 05°41'23" E - 119.58 feet, an arc length of 120.97 feet; A reverse curve having a central angle of 18°31'14", a radius of 418.54 feet, a chord of S 11°29'48" E - 134.70 feet, an arc length of 135.29 feet; A reverse curve having a central angle of 22°08'52", a radius of 230.00 feet, a chord of S 13°18'38" E - 88.35 feet, an arc length of 88.91 feet; A compound curve to the left having a central angle of 09°25'27", a radius of 1366.94 Page 311 Item 24. 13 feet, a chord of S 29°05'47" E - 224.58 feet, an arc length of 224.84 feet; And a reverse curve having a central angle of 20°57'28", a radi us of 270.00 feet, a chord of S 23°19'47" E - 98.21 feet, an arc length of 98.76 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found for the northeast corner of TxDOT Parcel P00074399, conveyed to the State of Texas, recorded in Document No. 2024000091799 OPRCCT; THENCE along the north line of Parcel P00074399, the following: S 89°18'36" W, 171.75 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found; N 45°41'24" W, 12.72 feet; S 89°25'35" W, 64.25 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found; S 44°18'36" W, 12.91 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found; S 89°18'36" W, 223.85 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found; N 86°29'45" W, 150.40 feet; And S 89°18'36" W, 326.25 feet to a 5/8" iron rod with plastic cap stamped "TXDOT" found on the east line of a tract conveyed to the Town of Prosper, recorded in Document No. 2022000157255 OPRCCT, for the northwest corner of TxDOT Parcel P00074399, and being the northeast corner of TxDOT Parcel P00074396, conveyed to the State of Texas, recorded in Document No. 2024000046813 OPRCCT; THENCE along the east line of said Town of Prosper tract, the following: N 08°52'20" W, 8.76 feet to a 5/8" iron rod found; N 32°42'21" W, 142.04 feet; N 09°03'49" E, 134.95 feet; N 06°15'50" W, 103.40 feet; N 40°30'33" W, 97.75 feet; N 04°54'16" W, 45.27 feet; N 69°01'05" W, 44.26 feet; And S 89°38'03" W, 110.97 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the east line of a tract conveyed to 330 Prosper, L.P., recorded in Page 312 Item 24. 14 Document No. 20060811001152020 OPRCCT; THENCE N 00°21'48" W, 802.65 feet along the east line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set for a southwesterly corner of a tra ct conveyed to Urban Heights at Brookhollow, LLC, recorded in Document No. 2023000106579 OPRCCT; THENCE along the common line thereof, the following: S 83°40'45" E, 570.96 feet; N 00°24'02" W, 209.03 feet; N 63°35'38" E, 309.62 feet; N 14°53'03" E, 23.56 feet; N 13°52'22" W, 21.86 feet; N 19°14'56" W, 69.44 feet; N 63°04'51" E, 70.52 feet; N 42°18'36" E, 60.21 feet; N 56°30'58" E, 35.97 feet; N 88°19'15" E, 29.92 feet; N 75°17'23" E, 13.54 feet; S 63°58'40" E, 51.90 feet; S 42°27'20" E, 73.16 feet; S 24°22'12" E, 20.19 feet; S 07°50'25" W, 36.52 feet; S 50°09'30" E, 44.44 feet; N 57°11'18" E, 76.57 feet; N 23°00'01" E, 88.91 feet; N 29°11'21" W, 59.92 feet; Page 313 Item 24. 15 N 50°00'16" W, 111.87 feet; N 29°23'29" E, 7.11 feet; N 21°41'47" E, 44.92 feet; N 84°12'30" E, 36.55 feet; S 58°39'56" E, 36.65 feet; S 48°59'21" E, 39.37 feet; S 54°35'19" E, 44.95 feet; N 70°48'01" E, 80.79 feet; N 75°55'21" E, 54.04 feet; N 48°26'47" E, 40.64 feet; N 50°50'48" E, 63.78 feet; N 03°56'25" W, 48.72 feet; N 19°20'53" E, 31.47 feet; N 65°32'24" E, 65.18 feet; N 11°54'21" E, 34.89 feet; N 70°42'53" W, 81.72 feet; N 80°00'32" W, 39.18 feet; N 42°03'10" W, 35.91 feet; N 07°09'11" E, 39.19 feet; N 64°10'55" E, 63.99 feet; N 69°26'50" E, 65.26 feet; N 07°41'40" W, 120.96 feet; N 13°45'51" W, 61.40 feet; Page 314 Item 24. 16 N 37°15'49" E, 61.92 feet; S 83°19'30" E, 40.60 feet; N 54°38'56" E, 53.92 feet; S 86°55'40" E, 15.03 feet; S 55°38'52" E, 37.40 feet; S 28°34'01" E, 41.18 feet; S 13°29'57" E, 27.44 feet; S 42°36'04" E, 67.81 feet; N 88°47'58" E, 77.24 feet; N 54°28'29" E, 107.45 feet; N 21°24'08" W, 123.29 feet; N 03°15'02" W, 30.57 feet; N 48°58'15" E, 57.20 feet; N 28°17'47" E, 137.36 feet; N 07°37'26" E, 65.14 feet; N 65°51'32" W, 52.64 feet; N 22°59'23" E, 80.54 feet; N 15°43'05" E, 48.99 feet; N 59°14'56" E, 43.83 feet; N 62°35'34" E, 56.65 feet; N 16°57'59" E, 32.41 feet; N 40°23'05" E, 25.93 feet; N 39°34'08" E, 34.37 feet; Page 315 Item 24. 17 N 52°56'25" E, 37.87 feet; N 79°32'10" E, 79.53 feet; N 11°15'46" E, 41.50 feet; N 16°15'58" W, 78.92 feet; And N 11°06'23" E, 39.16 feet to a point for a southerly corner of a tract conveyed to Hunt Wandering Creek Land, LLC, recorded in Document No. 2022000078273 OPRCCT; THENCE along the common line thereof, the following: N 50°54'57" E, 107.35 feet; S 68°43'07" E, 28.74 feet; S 80°34'06" E, 53.18 feet; N 62°00'14" E, 54.72 feet; S 84°42'52" E, 32.95 feet; N 78°49'32" E, 96.95 feet; S 85°24'24" E, 90.84 feet; N 72°46'01" E, 67.95 feet; N 71°08'32" E, 92.62 feet; S 77°42'10" E, 54.20 feet; N 71°09'20" E, 75.19 feet; S 58°00'55" E, 51.44 feet; S 03°16'58" E, 103.20 feet; S 80°36'22" E, 60.66 feet; And N 69°43'04" E, passing at 104.30 feet the southwest corner of Lot 1, Block A, Wandering Creek, recorded in Book 2023, Page 28 PRCCT, and continuing along the common line thereof a total distance of 139.88 feet; Page 316 Item 24. 18 THENCE continuing along the common line thereof, the following: N 41°10'06" E, 84.32 feet; N 22°03'36" W, 21.98 feet; N 05°22'09" E, 21.59 feet; N 00°09'11" E, 24.02 feet; N 19°54'34" E, 31.91 feet; N 58°12'11" E, 31.51 feet; S 80°40'45" E, 27.16 feet; N 77°16'14" E, 82.24 feet; N 44°51'18" E, 63.91 feet; N 78°26'45" E, 28.31 feet; N 87°22'30" E, 43.05 feet; N 53°02'50" E, 33.82 feet; N 29°53'04" E, 29.95 feet; S 62°15'42" E, 26.43 feet; N 66°47'25" E, 26.27 feet; And N 00°08'08" E, 264.15 feet to the southwest corner of a tract conveyed to PR Ladera, LLC, recorded in Document No. 20210902001788550 OPRCCT; THENCE along the common line thereof, the following: S 64°57'48" E, 54.48 feet; N 88°56'09" E, 50.09 feet; N 62°31'57" E, 127.31 feet; S 79°26'22" E, 183.33 feet; Page 317 Item 24. 19 N 77°51'13" E, 116.34 feet; N 51°21'52" E, 176.18 feet; N 84°30'02" E, 133.19 feet; N 29°34'03" E, 126.77 feet; N 64°10'31" E, 237.53 feet; N 82°14'19" E, 226.80 feet; N 77°15'36" E, 109.08 feet; N 45°40'31" E, 91.02 feet; And N 59°01'21" E, 227.01 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the west line of Farm to Market Road 2478; THENCE S 00°31'34" E, 150.60 feet along the west line thereof; THENCE S 30°31'34" E, 30.00 feet continuing along the west line thereof; THENCE S 00°24'20" E, 124.75 feet to the POINT OF BEGINNING with the subject tract containing 8,285,586 square feet or 190.211 acres of land. Page 318 Item 24. 20 EXHIBIT B Property Depiction Page 319 Item 24. 21 EXHIBIT C Depiction of the Park Property (Town Park Property and Park Dedication Property) Page 320 Item 24. EXHIBIT D Park Dedication Property Legal Description [TO BE INSERTED] Page 321 Item 24.