2009_04.21 EDC Agenda PacketNOTICE O" MEETING OF THE
BOARD .. DIRECTORS
KENNEDALE,
Notice is hereby given that a Regular Meeting will be held by the Kennedale Economic
Development Corporation Board of Directors on the 21 day of April 2009 at 7:15 P.M.,
in the Kennedale Municipal Building Council Chambers located at 405 Municipal Drive,
Kennedale, Texas, at which time the following subjects will be discussed to wit:
(SEE ATTACHED AGENDA)
Dated this 17t day of April 2009.
By: Robert P. Mundy, President
I, the undersigned authority, do hereby certify that the above Notice of Meeting of
the Economic Development Corporation Board of Directors is a true and correct copy of
said Notice and that I posted a true and correct copy of said Notice on the bulletin board
of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to
the general public at all times, and said Notice was posted on April 17, 2009 at 3:30
o'clock P.M., and remained so posted continuously for at least 72 hours preceding the
scheduled time of said Meeting.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, large print, are requested to contact the undersigned at (817) 985.2104
five (5) work days prior to the meeting so that appropriate arrangements can be made.
Dated this the 17 day of April 2009.
By: /
Kathy Tur, er, Secretary to EDC
CITY OF KENNEDALE, TEXAS
OFFICE OF THE CITY SECRETARY
KEDC ROLL CALL
DATE: APRIL 21, 2009
START TIME: PM
END TIME: PM
ROLL CALL:
CITY STAFF PRESENT:
PRESENT
ABSENT
PRESIDENT
ROBERT MUNDY — P4
�,
VICE PRESIDENT
It
BEVERLY HAYES — P3
a
BOARD OF DIRECTOR
DARRELL ERWIN — PI
BOARD OF DIRECTOR
z�
DOURG PARKER — P2
BOARD OF DIRECTOR
�J
DONNIE GRAHAM — P5
f
BOARD OF DIRECTOR
MARK YEARY — P6
BOARD OF DIRECTOR
4
REBECCA MOWELL —P 7
CITY STAFF PRESENT:
PRESENT
ABSENT
CITY MANAGER
BOB HART
CITY SECRETARY
It
KATHY TURNER
a
SAKURA M. DEDRICK
DIR. OF FINANCE
CALL TO ORDER
ROLL CALL
I. REGULAR ITEMS
a. Review and consider action to approve regular meeting minutes dated March 17,
2009.
b. Review and consider action to approve KEDC Financial Reports.
C. Review and consider action to provide notice of intent to cancel the leasing
component within the management agreement with Quine and Associates for
Kennedale TownCenter.
d. Review and consider action to authorize the President to execute an engineering
service agreement with Shield Engineering Group, PLLC for engineering work at
the Kennedale TownCenter.
e. Review and consider action to authorize payment to Herbert Beasley Land
Surveyors, L.P. in the amount of $6,800.00 for topographical surveying of the
Kennedale TownCenter.
f. Review and consider action to authorize payment to David Johnson for
reimbursement of billing from GHA Architecture /Development in the amount of
$7,040.15 for fagade design of the Surplus Warehouse/Dollar General Building.
g. Discussion with KEDC contract provider, Jack Thompson of Orasi Development
relative to future economic development strategies.
h. Review and consider action to change date and time of future meetings.
II. STAFF ANNOUNCEMENTS/REPORTS
a. KEDC Executive Director Announcement/Repoits
1. Legislative Update — MMD Bill
2. Strategic Plan Activity
3. Board Appreciation Dinner
III. PRESIDENT/BOARD ANNOUNCEMENTS/REPORTS
a. President Announcements /Reports
1. Report agenda items to be posted for future meetings.
VI. ADJOURNMENT
Page 1 of 1
Date: April 15, 2009
Subject: Review and consider approval of meeting minutes.
Originated by: Kathy Turner, KEDC Secretary
Summary: A draft copy of the meeting minutes dated March 17, 2009 are attached for your
review and consideration.
Recommendation: Recommend Approval.
Disposition by KEDC Boat ;f DJ
rectors:
A
6 V OV
2 "Al
292
KENNEDALE
••_CM•iG ---9\
REGULA E H 17, 2009
405 MUNICIPAL D 'LE MUNICIPAL BLDG.
President, Robert Mundy called the meeting to order at 7:16 p.m.
Members present: President, Robert Mundy, Vice - President, Beverly Hayes, Board of Directors, Donnie
Graham, Doug Parker, Mark Yeary, Rebecca Mowell, and Darrell Erwin.
Members absent: None
Staff present: Bob Hart, Executive Director, Sakura Moten - Dedrick, Treasurer, and Kathy Turner,
Secretary.
I. REGULAR ITEMS
a. Review and consider action to approve minutes: regular meeting dated January 20,
2009.
Mark Yeary moved to approve the regular meeting minutes dated January 20, 2009
as submitted, second by Rebecca Mowell. Motion carried (7 -0).
President, Robert Mundy considered item c prior to item b due to Auditors
attendance.
C. Review and consider action to approve Independent Audit Report for year ended
September 30, 2008.
Donnie Graham moved to approve the Independent Audit Report for year ended
September 30, 2008, second by Beverly Hayes. Motion carried (7 -0).
b. Review and consider action to approve KEDC Financial Reports.
Doug Parker moved to approve the KEDC Financial Reports for the month ended
December 31, 2008, second by Mark Yeary. Motion carried (7 -0).
d. Discuss status of the TownCenter with the Developer, David Johnson, Cypress
Properties,
Bob Hart, Executive Director advised that Mr. Johnson was unable to attend the
meeting, but plans were moving along.
e. Discuss strategic direction of Kennedale's Economic Development Program.
Bob Hart, Executive Director addressed the Board in regards to potential
development of Oak Crest areas, commuter rail stop, industrial zoned land, Village
293
Creek development opportunities, TownCenter development, planned road
improvements, regional retail activity and expansion, and future land use plans.
Discuss EDC staffing options.
Bob Hart, Executive Director spoke before the Board discussing desired skill sets
and differing organizational opportunities to fill the EDC director position. Hart
provided alternatives, which included hiring an EDC Director, engage an economic
development consulting firm to provide the services of an EDC Director, utilize the
executive director as EDC Director and hire a city staff person to support the city
manager function, and /or hire a combined EDC Director and Planning Director.
g. Review and consider action to authorize the EDC President to execute a contract
with Orasi Development for Economic Development Services.
Darrell Erwin moved to authorize President, Robert Mundy to execute a contract
with Orasi Development for Economic Development Services, second by Donnie
Graham. Motion carried (7 -0).
Review and consider action to change date and time of future meetings.
After a brief discussion and no recommendations to move meeting date, President,
Robert Mundy advised regular meeting scheduled for April 21, 2009 would stand.
II. STAFF ANNOUNCEMENTS/REPORTS
a. KEDC Executive Director Announcement /Reports
1, Tax Increment Financing District,
2. Municipal Management District.
No discussion took place on these items.
III. PRESIDENTBOARD ANNOUNCEMENTS/REPORTS
President Announcements /Reports
1. Report agenda items to be posted for future meetings.
No announcements and /or reports were provided.
IV. EXECUTIVE SESSION
President, Robert Mundy announced no executive session would take place.
a. The Board of Directors will meet in closed session pursuant to.Section 551.072 of
the Texas Government Code to deliberate the purchase, sale, exchange, lease, or
value of real property.
1. Kennedale Parkway
2. New Hope Road
�.
b. The Board of Directors will meet in closed session pursuant to Section 551.074 of
the Texas Government Code to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee.
V. RECONVENE INTO OPEN SESSION AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NECESSARY.
No executive session was held.
VI. ADJOURNMENT
There being no further discussion, President Mundy asked for a motion to adjourn.
Rebecca Mowell so moved, and Darrell Erwin seconded the motion with all members present
voting in favor. Motion carried (7 -0). Meeting adjourned at 8:51 p.m.
APPROVED:
President, Robert Mundy
ATTEST:
Kathy Turner, Secretary
lip
Date: April 17, 2009
Subject'. Review and consider action to approve KEDC Financial Reports.
Originated by: Kathy Turner
AJ
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NOTES:
Rental Income - Revenue decreased slightly due to approximately $10K in additional expenses for asphalt/surface repair in Feb 09.
Other Income - $481136 consists of $354078.42 for TML Roof Insurance Claim Reimbursement and $127058 Gas Well Licensing Fee in Feb 09.
Personnel Cost - Feb 09 represents the last of payroll payments made to prior EDC Director.
Service -
Contractual Services - $11 OK of $121 K for mall area expenses from Oct - Dec.
Legal Services - Payments to City Attorney for work on development and establishment of MMD & TIFF districts.
Audit Services - $3K final payment made to Patillo Firm.
Special Services - $4K payment to Schrader & Cline for TIFF district.
Town Center - $40K this time last year included $25K in expenses of which $11 K was wrongly coded and corrected in Jun 08.
Capital - 2007 CO Interest & Principal payment will not reflect until Apr 09 when normally due. This payment was just recently paid.
FY07 -08
FY07 -08 YTD
FY08 -09
FY08 -09 YTD
EST ACTUAL
February -08
PERCENT
BUDGET
February -09
PERCENT
FUND BALANCE CARRY FORWARD:
REVENUES
SALES TAXES
331,269
113,836
34.36%
357,011
141,060
39.51%
INVESTMENT EARNINGS
48,455
28,522
58.86%
50,000
5,522
11.04%
FUND 95 INVESTMENT EARNINGS
-
#DIV /01
-
#DIV /01
RENTAL INCOME
212,403
69,329
32.64%
175,200
60,119
34.31%
OTHER INCOME
-
#DIV /01
-
481,136
#DIV /01
TRANSFERS IN
-
-
#DIV /01
-
#DIV /01
TOTAL EDC REVENUES
'$ 592,127
$ 211,687
35.75% $
582;211
$ 687,837
118.14%
EXPENSES
mWp J
PERSONNEL COSTS
110,172
42,847
38.89%
108,109
42,838
39.62%
SUPPLIES
9,107
2
23.86%
21,600
1,926
8.92%
MAINTENANCE
30
-
0.00%
1,000
0.00%
SERVICE
640,542
50,011
7.81%
527,371
135,011
25.60%
UTILITIES
978
598
61.12%
600
131
21.85%
GRANTS/ INCENTIVES
104,231
-
0.00%
100,001
4,417
4.42%
TOWNCENTER
47,770
40,509
84.80%
74,210
8,253
11.12%
CAPITAL
112,164
39,847
35.53%
207,316
40,652
19.61%
TRANSFER OUT
100,000
-
-
TOTAL EDC EXPENDITURES
i$ 1,124,993
$ 175,985
15.64%
1,040,207
233,227
22.42%
REVENUES IN EXCESS OF
EXPENSES
(457,996)
ENDING FUND BALANCE: 757,8371
NOTES:
Rental Income - Revenue decreased slightly due to approximately $10K in additional expenses for asphalt/surface repair in Feb 09.
Other Income - $481136 consists of $354078.42 for TML Roof Insurance Claim Reimbursement and $127058 Gas Well Licensing Fee in Feb 09.
Personnel Cost - Feb 09 represents the last of payroll payments made to prior EDC Director.
Service -
Contractual Services - $11 OK of $121 K for mall area expenses from Oct - Dec.
Legal Services - Payments to City Attorney for work on development and establishment of MMD & TIFF districts.
Audit Services - $3K final payment made to Patillo Firm.
Special Services - $4K payment to Schrader & Cline for TIFF district.
Town Center - $40K this time last year included $25K in expenses of which $11 K was wrongly coded and corrected in Jun 08.
Capital - 2007 CO Interest & Principal payment will not reflect until Apr 09 when normally due. This payment was just recently paid.
B UDGET
February 2009
Y -T -D
Operating Revenues
532,211
514,776
682,315
Operating Expenditures
(1,040,207)
(22,518)
(233,227)
Operating Income /(Loss)
i
(507,996
$ 492,258
$ 449,088
Nonoperating Revenues /(Expenses)
Interest Earnings
50,000
-
5,522
Transfers -In
-
-
-
(Transfers -Out)
-
-
-
Net Operating Income/ (Loss)
(457,996)
492,258
454,610
Beginning Fund Balance (as of Oct, 1st)
1,215,833
Ending Fund Balance
$ 1,670,443
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: 1
Subject: Review and consider action to provide notice of intent to cancel the leasing component within
the management agreement with Quine and Associates for Kennedale TownCenter.
Originated by: Kathy Turner
Disposition by KEDC Board of Directors:
1 'Ljt
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MANAGEMENT AND LEASING
WITNESSETH
1. TERM OF CONTRACT
Owner hereby exclusively appoints the Agent for the purpose of operating, managing,
leasing and maintaining Kennedale Retail Center (hereinafter called "Property ") as described
on Exhibit "A" attached hereto and made a part of, located at 106 -109 & 223 W Kennedale
Parkway, Kennedale, Tarrant County, Texas for a period of approximately six months
beginning on July 9 , 2007 and ending on December 31 , 2007 , and continuing thereafter from
month -to -month until terminated as hereinafter provided. Either party may terminate this
Agreement during the term hereof, as specifically provided in Section 7 below.
2. MANAGEMENT SERVICES TO BE PERFORMED
The Owner hereby authorizes Agent to perform, and Agent does hereby agree to
perform, in the name of, for the account of, and at the expense of Owner, the following:
A. General Responsibilities
Agent shall be responsible for overall management and leasing of the Property as a
retail /office center for the benefit of Owner, except for those responsibilities expressly
excluded by the terms of this Agreement.
B. Lease Execution
Agent shall negotiate lease agreements in the name of Owner on standard forms
approved by Owner with lease provisions as approved by Owner. It is understood that
Agent shall execute all leases on behalf of Owner, after prior approval of Owner; which
approval shall be deemed granted if Owner has not rejected the lease applicant within
14 days after delivery of applicant information to Owner; Owner shall not unreasonably
withhold or delay Owner's approval. Agent shall set written standards for screening and
qualifying prospective tenants, and shall screen and qualify all prospective tenants with
credit reports.
C. Statement and Invoices
Agent shall determine and prepare invoices and /or statements, as applicable, for tenants
of the property for rent, common area maintenance fees, taxes, insurance and other
charges as shall be due from tenants in accordance with applicable lease provisions.
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4 aw
D. Collections
Agent shall collect all rents and other monies due, including percentage rents, from
tenants of the Property as and when the same shall become due and payable and give
receipts therefor, and in the collection of percentage rents: Agent shall keep records of
gross sales of tenants and compute percentage rent due, terminate tenancies, and sign
and serve in the name of the Owner such notices as are deemed appropriate by the
Agent; Agent shall, with the prior consent of Owner, institute and prosecute actions; evict
tenants and recover possession of premises occupied by them, sue in the name of the
Owner to recover rents and other sums due. When expedient, Agent may settle,
compromise and release such actions or suits to reinstate such tenancies, when the total
amount sought in such actions or suits is less than $2,000.00.
E. Operating Account
Agent shall deposit all receipts collected for Owner in the course of operating the
Property, in an FDIC insured operating account for the benefit of Owner; such account
shall hereinafter be called "Operating Account." Agent may endorse any and all checks
drawn to the Owner (with the exception of checks for insurance, condemnation, or
lawsuit settlements) as may be required for deposit into the Operating Account. Any
funds remaining in the Operating Account at the end of each month during the term
hereof, after the deduction of a $2,500.00 operating reserve and after the disbursements
by the Agent of the expenses and other expenditures authorized hereunder, shall be
remitted to Owner. The $2,500.00 operating reserve may be adjusted from time -to -time
as mutually agreed by Owner and Agent. Agent will not be held liable in event of
bankruptcy, failure or negligence of the depository.
F. Accounts Payable
Agent shall pay on behalf of Owner from the Operating Account, all obligations and
expenses in operating, managing, leasing and maintaining the property which are
lawfully incurred by or on behalf of the Property, including but not limited to management
fees (as described in section 4.13), leasing fees (as described in section 4.C) and
personal property taxes. In the event the funds in the Operating Account are not
sufficient to pay such obligations and expenses, Owner shall at the request of Agent
cause to be deposited additional funds necessary to pay such obligations and expenses
of the property. Agent shall pay all invoices in a timely manner that will take full
advantage of any discounts offered to the extent that there are monies available in the
operating account.
Agent shall maintain full and detailed books and records at its principal office in
Richardson, Texas related to its operation, management, and maintenance of the
Property. Such books and records shall be kept in accordance with generally accepted
accounting principles, as being maintained by Agent for other commercial properties
managed by Agent. Owner shall at all reasonable times have access to such records for
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the purpose of review and /or audit. Owner shall have the right to duplicate such records.
Any audit by Owner of the Agent's books covering the Property shall be at the expense
of the Owner, but if the Owner's audit discloses a difference equal to or greater than 3%
of the Agent's operating numbers, then said audit shall be paid by the Agent.
Agent shall provide to Owner on or before the 20th day following the end of each
calendar month, an Operating Report prepared by Agent setting forth all rents and other
income collected and disbursements of all funds related to the operation, management,
leasing and maintenance of the Property, for the immediately preceding fiscal month of
operation. The fiscal year -end Operating Report for the project shall be due within sixty
(60) days following the end of the last month of the project's fiscal year. The Operating
Reports shall compare receipts and disbursements for such prior month and for the
year -to -date. A written memorandum is to be provided with the Operating Report setting
forth explanations for deviations from budget amounts. Agent shall also provide with
such report a list of all tenants who are delinquent, a cash reconciliation report, and a
leasing report.
I. Budget
Agent shall prepare and submit to Owner for approval at least thirty (30) days prior to the
start of each year, an annual operating budget (the "Budget ") for the Property showing
monthly and annual income, operating expense and capital expenditures. The fiscal year
for the Property shall end December 31S of each calendar year, unless otherwise agreed
in writing by both Agent and Owner. Subject to the terms of this Agreement, approval of
the Budget by Owner will constitute Agent's authority to incur the operating expenses
and capital expenditures as set forth in the Budget.
J. Sales and Use Tax Return
Agent shall prepare all sales and use tax returns, if any, necessary in the operation of
the Property, and make all deposits and payments required with respect to such taxes.
K. Audited Statement
Agent shall, if requested by Owner and at the cost of the Owner, provide annual financial
statements audited and certified by a certified public accounting firm satisfactory to
Owner.
- -.
Agent shall cause to be hired, supervised, discharged and paid, at reasonable wages, all
employees and contractors reasonably necessary for the efficient operation,
management, leasing and maintenance of the Property. Agent shall use reasonable care
in selection and supervision of such employees and contractors. All persons employed
shall be employees of Agent and not of Owner. Agent's management employees, such
as Property Manager, Assistant Property Manager, accounting personnel, Building
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Superintendent, Tenant Services Supervisor, secretarial and clerical staff, whether part -
time or full -time employees, utilized in the management of the Property are referred to
herein as "Building Management" employees.
Neither Agent nor any party acting by, through or on behalf of Agent shall discriminate
upon the basis of race, color, creed, familial status, religion, disability, or national origin
in the sale, lease, or rental or in the use or occupancy of the Property of any
improvements erected or to be erected thereon, or any part thereof, or in the
management of the Property.
M. Utilities
Agent shall negotiate and enter into contracts in the name of Owner for electricity, gas,
fuel, water, telephone, window cleaning, refuse handling, janitorial service, extermination
service and other services required in the operation and maintenance of the Property. All
contracts shall be on an "arms length" market rate basis, and shall not be surcharged by
Agent. The Owner shall assume the obligation of any contract so entered into and
outstanding at the termination of this Agreement. All service and maintenance contracts
initiated by Agent shall be negotiated to include thirty (30) days notice of termination
clause without penalty.
N. Maintenance
Agent shall maintain or cause to be maintained the Property and common areas thereof,
including sidewalks, signs, parking lots and landscaping; to make or cause to be made
and supervise minor repairs (under $ 2,500.00) and minor alterations or renovations
(under $ 2,500.00); to purchase supplies required for the operation and maintenance of
the Property, and pay all bills therefor from Owner's funds, and to report to Owner
conditions related to the Property requiring the attention of Owner.
Agent shall purchase all supplies, materials and equipment as Agent may determine
advisable. The Agent agrees to secure the approval of the Owner on all expenditures in
excess of $ 2,500.00 for any one item, unless said expenditure was set forth in the
Budget, or for an emergency repair necessary to the tenants per the lease, or for the
protection of human life.
O. Promotion
Agent shall conduct or cause to be conducted a promotional program as may be
appropriate and customary for the tenants within the Property with the consultation and
prior approval of the Owner.
Agent shall advertise the Property or portions thereof, as available for rent, and prepare
other forms of advertising relating to said rental activity.
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An
Agent shall, if requested by Owner, (1) determine all insurance coverage reasonably
required or desirable for the Property, and on behalf of Owner negotiate and procure
such insurance coverage; (2) upon receiving the prior written consent of Owner, institute
and prosecute claims under all such coverage; (3) upon receiving the prior written
consent of Owner, settle and compromise such claims; (4) procure periodic insurance
appraisals as may be required; and (5) make reports, upon Owner's request, but not less
than annually, to Owner of the kinds and amounts of insurance coverage in force, the
expiration dates thereof, and the premium costs thereof.
At all times during the term of this Agreement, the City of Kennedale, Texas ( "City ")
shall keep in full force and effect one or more policies of commercial general liability and
property damage insurance with respect to the Property, and the business conducted by
Owner, or Agent on behalf of Owner, upon the Property. The limits of liability coverage
shall not be less than $500,000.00 per person and $1,000,000.00 per accident and the
property damage liability coverage shall not be less than $1,000,000.00. The
commercial general liability policy shall name Owner as insured and Agent as additional
insured, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the Agent at least ten (10) days prior written notice. If
Owner refuses or neglects to secure and maintain such insurance policies, Agent may,
but shall not be required to do so, secure and maintain such insurance policies and the
premiums for such insurance coverage shall be paid as an expense of the Owner,
payable from the Operating Accounts.
At all times during the term of this Agreement, the Agent shall keep in full force and
effect one or more policies of commercial general liability insurance covering the
business conducted Agent on behalf of Owner upon the Property. The limits of liability
coverage shall not be less than $500,000.00 per person and $1,000,000.00 per accident
and the property damage liability coverage shall not be less than $1,000,000.00. The
commercial general liability policy shall name the Agent as insured and the Owner as
additional insured, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving the Owner at least ten (10) days prior written notice.
Agent shall cooperate with and provide reasonable access to the Property to agents of
any and all insurance companies and /or insurance brokers or agencies who may, from
time to time, be involved with the issuance of insurance policies or with inspections of
the Property in connection with insurance policies then in force.
Agent shall make, if requested by Owner and in the name Owner, payments of
insurance premiums.
Agent shall maintain a suitable business office with such management, secretarial and
bookkeeping personnel as may be required to maintain such office and the books and
records to adequately perform the terms of this Agreement and reflect the transactions
incidental to the operation and maintenance of the Property.
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i ..
Agent shall use due diligence in the exercise of the power and duties conferred and
assumed under this Agreement and in the operation, management and maintenance of
the Property for the period and upon the terms herein provided.
Agent shall operate the Property and make expenditures pursuant to this Agreement in a
manner in accordance with the budgets submitted to and approved by Owner. Except for
emergency expenditures, any expenditures or commitments which are not in accordance
with the approved budgets must have approval from Owner.
U. Taxes
Agent shall, on behalf of Owner, ascertain the requirements of all governmental taxing
authorities lawfully entitled to levy or assess any tax or any other government charge or
imposition upon the Property or use thereof. Agent hereby acknowledges and agrees
that Owner, as a 4B Economic Development Corporation organized under article 5190.6
of the Act, is exempt from paying property taxes and therefore, any levy, assessment,
tax or other governmental charge or imposition upon the Property, if any, shall be
passed through to the tenants of the Property. Agent shall promptly forward to Owner
any and all tax assessments and tax bills related to the Property. Agent shall notify
Owner, if possible, at least ten (10) days prior to such taxes becoming delinquent.
Owner shall be liable for such taxes only if: (1) such taxes or any portion thereof cannot
be passed through to the tenants; and (2) it determines, after consultation with its legal
counsel, that it is liable for such taxes as a matter of law.
V. Compliance With Laws
Agent shall use its diligent efforts to cause to be done in or about the Property all acts
and things which are necessary in order to comply with federal, state or municipal order,
rules, regulations, ordinances, or statutes affecting the Property and orders of any board
of fire underwriters or other similar body, subject to the limitations contained hereinabove
regarding maximum amounts or contracts requiring Owner's prior written approval.
Agent shall promptly notify Owner of all notices it receives regarding governmental
requirements affecting the Property. Agent shall obtain and maintain current all licenses
and /or permits as shall be required in the operation and maintenance of the Property.
T • i x
Agent shall with prior consultation and approval of Owner engage attorneys,
accountants, ad valorem tax consultants, data processing personnel, architects,
engineers or other persons furnishing services reasonably required in connection with
the discharge of Agent's duties hereunder, on behalf of the Owner, and pay the
reasonable charges for all such services from Owner's funds.
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X. Service Notice
Agent shall advise and promptly send copies to Owner of the service upon Agent of any
summons, subpoena, or other like legal document, including any notices, letters, or other
communications setting out or claiming an actual or alleged potential liability of the
Owner or the Agent in managing or operating the Property. Agent shall advise and send
copies to Owner of any letter or notice by the tenant that may lead to cancellation,
voidance or termination of the lease or any part thereof.
Agent shall (1) promptly notify Owner of any notice of violation of any governmental
requirement relating to the Property or of any defect in the Property; (2) promptly notify
Owner of any fire or other damage to the Property and to complete customary loss
reports in connection with such damage to the Property; (3) promptly file such reports
with the insurers and Owner; and (4) promptly notify Owner's general liability insurance
carrier and Owner of any personal injury or property damage occurring to or claimed by
any tenant or third party on or with respect to the Property.
Y. Agent's Sianaae
Agent shall be permitted to install, at its sole cost and expense, sign(s) identifying
Agent's management and /or leasing of the Property. Location of said sign shall be at a
place mutually acceptable to Owner and Agent.
Z. Tenant Improvements
Agent shall manage and supervise construction of tenant improvements.
3. EXCLUDED SERVICES
Agent shall not be required under the terms and provision of this Agreement to render
any of the following services:
A. The planning, developing, financing or supervision of construction for any
additional building or land which may hereafter be added to or become a part of
the Property from time to time; however, such service may be performed by
Agent subject to written agreement between Owner and Agent for such additional
services at the rate of two percent ( 2 %) of expenditures.
D. Services requiring a substantial expenditure of time in connection with litigation,
arbitration or mediation other than suits for the collection of rent or the
enforcement of leases, whether such litigation, arbitration or mediation shall be
instituted by Owner, by tenant or others.
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Agent will be reimbursed by Owner from the Operating Account each month for the
following listed expenses and expenditures incurred or accrued by Agent in the operation
of the Property:
All direct labor and contract costs, and all materials, supplies, equipment, tools,
components, and related systems and parts with respect to the maintenance,
repair, improvement and operation of the Property.
2. Operating costs and expenses of supplies, materials, equipment, project
stationery, forms, books and records, all with respect to the Property or other
locations approved by Owner, and audited financial statements and certifications
thereof as may be required by this Agreement.
3. All necessary equipment, tools and supplies, whether purchased, leased or
otherwise acquired for the performance by Agent of the duties required hereunder
for the operation of the Property pursuant to this Agreement.
4. All other ordinary and necessary expenses or expenditures paid or accrued in the
operation of the Property pursuant to the Budget.
5. All monies which Agent may elect to advance for the Owner for expenses which
Owner is required to pay under this Agreement; however, Agent will not be
obligated to make such advancements.
B. Management Fee
For the services rendered by Agent pursuant to this Agreement, and in addition to other
fees and reimbursements to Agent as set forth in this Agreement, Owner shall pay Agent
monthly, in arrears, a management fee in an amount equal to 4% of gross revenues
received each month from operation of the Property, but in no event shall such monthly
fee be less than $500.00. All such fees are due and payable by the last day of each
month. Agent shall have the authority to make such payments on Owner's behalf from
the Operating Account, so long as such payments are made in accordance with the
terms and conditions of this Agreement.
Gross revenues shall include all monies collected in the course of business specifically
excluding security deposits, collection from lawsuits, insurance, and condemnation
proceedings, capital contributions by Owner and tax refunds.
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Owner grants to Agent the exclusive right to lease the Property and Owner shall
compensate Agent for its services as Leasing Agent in accordance with the following:
1. Commissions on Initial Leases - Commission equal to Four percent (4 %) of the
Aggregate Total Base Rental provided in the Lease Agreement for the initial term
shall be paid to Agent where Agent was the "procuring cause" of the initial lease.
2. Commissions on Lease Renewals - Commission equal to Two percent (2 %) of
the Aggregate Total Base Rental provided in the Agreement for the renewal term
shall be paid to Agent where an existing tenant renews a lease for its existing
premises, including the exercise of an option to renew.
3. Commissions on Tenant Expansion - For the purpose of determining
compensation under this Agreement, tenant expansions shall be considered as
an initial lease hereunder; however, such commission shall only be applicable for
the net increase in tenant's square footage. Furthermore, the same method of
determining Agent's commission shall be used if an existing tenant relocates
within the Property for the purpose of expanding.
4. Commissions on Month -To -Month Lease - A commission equal to one -half (V2)
of the first month's rental, when a tenant initially occupies the premises on a
"month -to- month" basis; however, such commission shall not be less than
$250.00.
5. Commission When Other Brokers Are Procurina Cause - A commission
equal to Six percent (6 %) of the Aggregate Total Base Rental provided in the
Lease Agreement for the initial lease term shall be paid to Agent when an
outsider broker (i.e. not an employee of Agent) is the "procuring cause" of the
lease as defined by the laws within the state the Property is located. Agent shall
indemnify Owner against any commission liability to such outside broker. A
commission equal to Four percent (4 %) of the Aggregate Total Base Rental
provided in the Lease Agreement for the renewal term shall be paid to Agent
when an outside broker has been appointed as the tenant's exclusive agent for
the renewal and Agent shall indemnify Owner from any commission claims from
such outside broker with respect to the renewal.
6. Definition of Aggregate Total Base Rental - Aggregate Total Base Rental shall
mean all guaranteed minimum rent provided for in the primary term of the lease.
Percentage rental and additional rent is excluded from this definition.
7. Leasing Commissions - Leasing commissions due Agent will be earned and
paid one -half upon signing of the lease and one -half upon tenant's opening for
business. All commissions and other sums are payable to Agent in Richardson,
Dallas County, Texas.
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8. Leasing Expenses - In addition to the commissions provided herein, Owner shall
pay to or reimburse Agent for the following expenses:
a. Advertising and promotion expenses paid by Agent as set forth in the
approved Budget, or as otherwise approved by Owner.
b. Space planning expenses paid by Agent as set forth in the approved
Budget, or as otherwise approved by Owner.
C. Special events and promotions, subject to prior approval by Owner.
d. Any other special marketing projects which are approved by Owner.
e. Any legal expenses incurred in connection with lease preparation and
negotiations which are pre- approved by Owner.
f. Travel expenses (excluding entertainment expenses) which are pre -
approved by Owner.
5. AUTHORITY
Agent is vested with such general authority and powers as may be necessary or
advisable to carry out the intent of this Agreement.
6. INDEMNIFICATION
Agent agrees to protect, defend, indemnify and hold the Owner and the Property
harmless from and against any and all loss, cost, damage, liability and expense
(including court costs and reasonable attorneys' fees) arising out of (i) obligations or
liabilities of Owner incurred by Agent or any of its employees or agent, other than those
expressly permitted hereby to be so incurred by Agent, (ii) a breach of this Agreement by
Agent, (iii) the failure of Agent or any of its agents, officers, or employees to perform
Agent's duties and obligations under this Agreement in accordance with the terms hereof
or (iv) any negligence, willful misconduct or fraud of Agent or any of its agents, officers or
employees.
7. REIMBURSEMENT FOR CLAIMS
A. If a claim is made against Agent by a third party, and such claim arises as a result
of Owner's acts or omissions in the performance of this Agreement or Agent's acts or
omissions in its performance on behalf of Owner of this Agreement, as expressly
permitted hereby (the "Claim "), then Owner and City agree to request that pursuant to
the commercial general liability insurance or property insurance policies to be maintained
under Section 2.Q, whichever is applicable, that their respective insurance carriers
protect, defend, indemnify, and hold Agent harmless from and against any and all loss,
cost, damage, liability and expense (including court costs and reasonable attorney's
fees) arising out of such Claim.
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B. Agent shall seek coverage for the Claim under any of its applicable insurance
policies only after: (1) City and Owner have complied with Section 7.A above; and (2)
both the City and Owner's insurance companies have denied such coverage in writing. If
any of Agent's insurance carriers agrees to provide such coverage of the Claim, then
Owner agrees to reimburse Agent for Agent's insurance deductible (up to the sum of
$25,000.00).
C. If the Claim is not covered by any of the City, Owner, or Agent's insurance
policies, then Owner agrees to reimburse Agent for Agent's reasonable legal expenses
incurred (up to the sum of $25,000.00) defending claims from third parties that may arise
as a result of Owner's acts or omissions in its performance of this Agreement or Agent's
performance on behalf of Owner of this Agreement, as expressly permitted hereby.
D. It is not the intent of Section 7 to limit or waive any of Agent's duties and /or
responsibilities as outlined further in this document.
8. TERMINATION OF AGENT
A. Termination By Either Party
1. Either party shall have the right to terminate this Agreement upon thirty (30) days'
prior written notice.
2. Either party shall have the right to terminate this Agreement upon ten (10) days'
prior written notice in the event of a sale or exchange of all or any portion of the
Property, or substantial destruction of the Property.
3. If either party hereto shall file a petition in bankruptcy, or be granted relief under
the Bankruptcy Code of the United States of America, or make an assignment for
the benefit of creditors or like arrangement or composition or file a petition in the
federal court for reorganization or otherwise seek relief under any bankruptcy or
insolvency law, federal or state, or be placed in the hands of a receiver or trustee,
then this Agreement is terminated.
4. If either party hereto fails to comply with any rule, order, determination, ordinance,
or law of any federal, state, or municipal authority, the other party may terminate
this Agreement upon ten (10) days prior written notice.
Owner shall have the right to terminate this Agreement immediately upon giving written
notice to Agent in the event of gross negligence, willful misconduct or fraud by Agent in
the performance of any provisions of this Agreement. In such event, all obligations of
Owner to Agent shall immediately terminate, and Agent shall be deemed to have
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forfeited any outstanding fees and commissions earned by Agent, including
reimbursements of all amounts provided herein, prior to and including the effective date
of termination.
Agent shall have the right to terminate this Agreement in the event of Owner's breach of
its obligations under this Agreement which shall not have been cured within 7 days after
Owner's receipt of Agent's written notice thereof.
D. Agent's Cooperation Upon Termination
Agent shall cooperate with Owner in notifying all tenants of the Property of the expiration
and termination of this Agreement by written notice sent by certified mail, return receipt
requested, and Agent shall cooperate with Owner to accomplish an orderly transfer of the
operation and management of the Property to a party designed by Owner. Agent shall, at
its sole cost and expense, promptly remove from the Property all signs indicating that
Agent is the managing agent. Agent shall provide a final accounting and shall transfer all
books, records, leases, keys and other materials belonging to Owner, and shall, within
thirty (30) days after termination, deliver a list of prospective tenants whom Agent (or
others working by or through Agent) has introduced to the Property (the "Qualified
Prospects "). If the Qualified Prospects have demonstrated an interest to lease any
portion of the Property, then Agent shall be entitled to the scheduled commission for any
lease executed by Owner and any Qualified Prospect within one hundred eighty (180)
days after termination of this Agreement, payable as provided above, unless this
Agreement is terminated by Owner in accordance with section 7.13 above, in which case
no commission shall be due to Agent.
9. CONFIDENTIALITY
Agent shall hold in strict confidence all information related to Owner's business
concerning the Property furnished to or obtained by Agent in the form of information
gathered from Owner's books or records. In no event shall Agent issue or make any
statement on behalf of Owner, to the press or other media, without Owner's prior
approval in each and every instance.
10. ASSIGNMENT
Agent may not assign its interest in this agreement without the prior written consent of
the Owner, except as may be otherwise specifically provided herein.
Agent is not and never shall be liable to any creditor of the Owner.
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1
Nothing contained in this Agreement or in the relationship of Owner and Agent shall be
deemed to constitute or be construed to be or create a partnership or joint venture
between Owner and Agent.
13. NO WAIVER OF RIGHTS
Failure by Owner or Agent at any time to exercise any right or remedy herein granted or
established by law shall not be deemed to operate as a waiver of its right to exercise
such right or remedy at any other future time.
14. COMPLIANCE WITH LAW
Owner and Agent shall comply with all statutes, ordinances, laws, rules and orders of any
federal, state, or local government or department or office thereof having jurisdiction in
the Property respecting the use, operation, maintenance and construction thereof.
15. GOVERNING LAW
If any one or more of the covenants, agreements or provisions of this Agreement shall be
determined by a court of competent jurisdiction to be invalid, the invalidity of such
covenants, agreements and provisions shall in no way affect the validity or effectiveness
of the remainder of this Agreement and this Agreement shall continue in force to the
fullest extent permitted by law. This Agreement shall be governed by the laws of Texas
and all parties hereto submit to mandatory jurisdiction in Tarrant County, Texas.
16. NOTICES
Any notice which Agent may desire or be required to give to Owner shall be deemed
sufficiently given or rendered if, in writing, delivered to Owner by courier, electronic mail
or facsimile, with evidence of delivery, or by certified or registered mail, return receipt
requested and addressed to Owner as follows:
OWNER: KENNEDALE ECONOMIC DEVELOPMENT CORP.
Attn: Director
405 Municipal Drive
Kennedale, TX 76060
/'. iP"tee d 817 - 572 -1171
E -Mail: msoab@cityofkennedale.com
{ " Toot 817- 478 -7169
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Any notice which Owner may desire or be required to give to Agent shall be deemed sufficiently
given or render if, in writing, delivered to Agent by courier, electronic mail or facsimile, with
evidence of delivery, or by certified or registered mail, return receipt requested and addressed to
Agent as follows:
AGENT: QUINE & ASSOCIATES, INC.
Attn: Brad Quine
301 Sherman, Suite 100
Richardson, Texas 75081
FAX: 972.783.8901
E -Mail: bquine @quine.com
Tel: 972.669.8440
17. ATTORNEYS' FEES
In the event of any dispute between the parties hereto arising out of or in connection with
this Agreement, the prevailing party shall be entitled to recover from the other its
reasonable attorneys' fees and costs incurred in connection therewith.
18. MULTIPLE COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
regarded for all purposes as an original constituting one and the same instrument.
19. ENTIRE AGREEMENT
This Agreement and the exhibits attached hereto constitute the entire agreement of the
parties hereto regarding the subject matter hereof, and may not be amended or modified
except by written instrument signed by the parties hereto.
20. BINDING EFFECT
This Agreement shall be binding upon the parties hereto, their legal representatives,
successors and assigns, and may not be changed except by agreement in writing.
21. STATUTORY NOTICE
Owner acknowledges that Broker has advised it that before entering into any transaction,
the Owner should have an abstract covering the Property examined by an attorney
selected by Owner, or Owner should be furnished with or obtain a policy of title
insurance.
An Intermediary Disclosure Addendum is attached hereto and incorporated herein and
Owner herewith authorizes Agent to act as an intermediary.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above written by their officers thereunto duly authorized.
TIIl1�1.
KENNE ®ALE ECONOMIC DEVELOPMENT
CORP
By
Name: ita Wilson
Title: President
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-0 - w
0 �.
i, real estate broker who acts as an intermedia[y between parties
transacti
may not disclose to the buyer or tenant that the seller or
landlord will accept a price less than the asking price unless
otherwise instructed in a separate writing by the seller or
landlord;
may not disclose to the seller or landlord that the buyer or tenant will
pay a price geater than the price submitted in a written offer to the
seller or landlord unless otherwise instructed in a separate writing by
the buyer or tenant;
may not disclose any confidential information or any information a
Party specifically instructs the real estate broker in writing not to
disclose unless otherwise instructed in a separate writing by the
respective party or required to disclose such information b
Texas Real Estate License Act or a court order or if the information
materially relates to the condition of the property;
4. shall treat all parties to the transaction honestly; and
5. shall comply with the Texas Real Estate License Act.
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um plowl 01 IYAl M D , ..�.._.. :a
IKENNEDALE, TEXAS
LEGAL DESCRIPTION
City of Kennedale, Tarrant
County, Texas,
etJfJle®ALf e-r ;i, Ce 'rt< Abbe,
Lots I „,q
l � A l ' ,/ /
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: I -d.
Subject: Review and consider action to authorize the President to execute an engineering service
a rgeement__ with Engineering Group, PLLC for engineering wrlrrt at the-- Kennedale
own , .enter
Originated by : Kathy Turner
Summary Attached for your review is an agreement for civil engineering services associated with the
improvements to the TownCenter, which will commence through Shield Engineering
Group. Bob Hart, City Manager will be present to review the agreement and negotiate any
questions that may arise.
Disposition by KEDC Board of Directors:
W&
� >a.J �
�r i
YYY
sj , 1,
111111111111111111111111111111111 1111111111111 1111111111 iiiiiiiij liqIII 111111 11 111 94 N, �Fq
601
ClientlArchitect, will be accomplished on an hourly basis,
1 2. $1to Engineering Plans: $15,900
Calculated Site Layout Plan: Consultant will prepare the calculated site layout plan per the local
jurisdiction requirements.
b. Final Grading Plan: Prepare a detailed site grading design including building pad preparation, auto
parking areas, and landscape areas,
Note: The landscape architect's fine grading will need to be incorporated at this time. Any changes
associated with revising the civil grading plans upon substantial completion of the detailed grading
plan due to changes in the landscape grading plan or otherwise will be considered additional services
to be done on an hourly basis.
c. Water Plan: Water design Including domestic services and fire line system. Water line design will M
terminate 5 feet outside building. Water line sizes and meter sizes for fire, domestic, and irrigation mg
be provided by others.
Note: The Firm will need the domestic and irrigation meter sizes and locations at this time from the
appropriate Client sub-consultant(s).
Site Visits: The Firm will provide up to six (6) visits to the site to observe the progress of the executed
work on a weekly basis or as requested by the Client. The Firm will provide a site visit report for each
observation it required, Additional site visits, if necessary, will be provided for an additional hourly
fee it authorized In advance by the Client,
Final Walk-through: The Firm will attend a final walk-through as conducted by the Client (or Client's
General Contractor) to identify final civil related punch-list items.
,7, Record DravAngs (per ph&80): $1,000
a. The Firm will prepare a final set of Record Drawing Plans from the information as provided by the
contractor.
Note: The contractor will need to provide the Firm a complete and detailed description on the plans of
all city approved field changes.
6. Future Phased Construction Phase Servicest ($1500/phose)
a. The Firm will un-shade each additional future phase as requested by the Client for submittal to the
City for review and permit based on the original master civil design site plans. In the event the City
171 WT-711 5 � U M-7 MT
requires changes troul o
charged.
a, Reimbursable expenses include mileage, Postage, courier fees, reproduction fees and printing costs.
All City or agency reKuired fees will be paid directly by the Client, The reimbursable allowance for this
project has been esfimated based on anticipated submittals and professional experience.
Additional services include any services not listed above and all other special or miscellaneous services
specifically authorized by the Client.
The parties agree to the Terms and Conditions stated an the other side of this authorization.
Accepted for CLIENT
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: I-e.
Subject: Review and consider action to authorize payment to Herbert Beasley Land Surveyors, L.P. in the
amount of $6,800.00 for topographical surveying of the Kennedale TownCenter.
Originated by: Kathy Turner
Summary: Attached for the Board's consideration is a proposal outlining the boundary and
topographical survey for the Kennedale TownCenter. Specific items that are included in
the topographic and boundary survey are noted midway on the proposal, and will be
discussed during the meeting.
Recommendation:
Disposition by KEDC Board of Directors:
JW
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T Zank
601 B. Whitestone Blvd.
Building 4, Suite 246
Ced,V Park, Texas 78613
Offmc: (517-),128-9994
Fax; (5 12) 526-9995
F.
Date
invoice a
4/13/2009
L-
904052
Bill To
Kemedule goonamio Devdopmant Carp.
405 Municipal
yCennedsla, Tx 76060
�1= �
$6,300.00
$0100
56,800.00
$0,00
$6,800.00
P one Fox 0
817-429-0194 917446-5488
HER BERT w IL
J DICK S.
R- D SURVEYORS L.P. REGISTERED PROF AN :.-
a� { Yll
Cypress Properties
601 E. Milestone Blvd.
Wilding 4, Suft 246
Ceder Park, Tows 761613
Re: Lots 1 through 4, ®Lack A, Kennodale Retail Center Addition, Kennodale, Texas
t=
Thank you for considering Herbaft S. Beasley Lend Burvveyon; L.P. to Complete Your project, services to
prepare 1) a boundary and topographic survey of Lola 1 through 4, Skick A, Kennodale Retail Center Addition,
an addition to the City of Kennedele, Texas, 2) 6 aeparato mates and bounds surveys of a portion of Block A,
Kennedale Retail Center Addition, 3) a final plat of up to 6 lots, 4) and prepare exhibits for the abandonment of
Municipal Drive right -of - way.
1) The boundary and topographic survey Can be compteW for a fee of .00.
2) The motes and bounds surveys can be completed fora 108 of $1,0W-00 per survey plus sates tax for a total
fee of $6,495.00, or .00 if ® tax exempt tax number is prOvIded.
3) Final plat of 6 Lots can be completed for a fee of $3,5W.00. (TPA fee for the final plat does not include
engineering studies or design that could be required for the approval of the final plat, or City/County fees.)
4) Municipal Drive Right-d- way abandonment exhibits be completed for a fee of $750.00,
I # VE =M, ATAIT I I am-, M �IBE M
123=22EV
M M I SOMIROM T7O 70-77 M I I • I"
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: I -f.
Subject: Review and consider action to authorize payment to David Johnson for reimbursement of billing
from GHA Architecture/Development in the amount of $7,_0__4.0;1=5 fagade design of the
Surplus Warehouse/Dollar General Building. it
Originated by: Kathy Turner
Summary: Attached for consideration are invoices relating to the fagade design of the Surplus
Warehouse /Dollar General Building, in which Mr. Johnson is seeking reimbursement of
billing. Bob Hart, City Manager will review the invoices and answer any questions that
may arise.
Recommendation:
3 F
SUMMARY OF INVOICE
FOR
SURPLUS WAREHOUSE /DOLLAR GENERAL STORE
Professional Personnel
Adams, Eric $1
Arbuckle, Scott $4,100.00
Reimbursable Expenses
Reproductions
(Scan $4.87 + $3.25) $ 8.12
Delivery /Courier $ 37.26
Billing Expense $ 45.38
TBG Services
Drawing Coordination- Level 2 $ 120.00
Level $ 450.00
Level $ 150.00
Level $ 805.00
Courier $ 1.73
TOTAL $7,077.49
x�
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r
P.74 =w TIM72
5 C Proportio
David Johnson
6 E. W hites ten e Blvd.
Ce
Project: 090143.001 KTC K enn ale, TX Ph I Building Re -clad
Time associated Wth the Phase 1 re -clad of the existing retail building vrilhin the Kennedale Town Center
development.
Profeselonel aeLyl from Egrah 1, 2009 to arch 31.20011
Task: 00009 As-Built Survey
Total this task $0.00
Task: 00004 Property Development
Total this task $5 0.00
Project. 0901431101 KTC Kannodalo, TX Ph I Building Re-clad
Total this task
Task: 00013 Bidding /Negotiating A$SiMnce
Total this task
Task: 00020 Raimburosibles
Reimbursable Experiess
Reproductions
Delivery/Courier Service
Taal Raimburoablos
131111 to daft Current
Expense 45.38
Totals 45.30
8.12
37.26
1.0 times 45.38 46.36
Total this task $45.38
Prior Total
0.00 46,38
0.00 46.38
Total this invoice $5,606.38 /
cards, Haneat anti Aawlau&, Ltd., L.L.P. Pap 2
1 14110 Win P**Way, SUlto 100
Dallas. Toxas 75254 972-239-9984
14902 Preston Road
Suite 404-353
Dallas. TX 75254
I BRITO. I
GOA
14110 Mal Pwkway
sulto 100
Ddlm, TX 75254
14902 Preston Road
Suite 404-353
I) TX 75254
Daie Invoice 0
211712009
;± 42%4
GHA
14110 DALLAS PKWY, 0100 Galm"t
ftg
# "Aa Inc
DALLAS TX
75240
Invoice No,:
38234
Account NQ-:
1722
ElillingThru.:
0 1 1/3 112009
Page:
15
Site:
DAL
Date Job 0
Caller Origin
Destination
Chg./Svc, Add Fees Total
0112012009 0017
CLAUDIA 81 GHA
KENNEDALE TOWN CENTER PRO.
31.06 SM 5.99 3726
009001,001
1 4110 DALLAS PKWY, 0100
405 MUNICIPAL DRIVE
STD
DALLAS TX 7S240
ATTN: KENNEDALE CITY MANAGE
SCOTT ARBUCKLE
KENNEDALE Tx 70060-2249
PCs: I Wt 1
POD: C BROWN
OWDO
080501,001 Sub Total; 37.26
MW RKM
�� 9xrvlee6
si "bo t
/Atcn
Cam M
do David Johnson
CIPMW S ^'
Gol E. WhItestone Blvd.
Texas 7 86 10
RE: Phase I Building R"Ind
Kenne
1 f ,•' TX
rt !.
Thank you for the opportunity to be involved with this project and to provide you with an
estimate for Design mW Architectu services for the Phase I re- etadding of the existing 41,500
SF retall building located within the Kennedale 'Town Center development. This effort is to
include a design development package with associated as-built documentation as needed to
produce design guidelines sufficlent for a design -build construction delivery approach.
P only it KRUDOW by ellem Ho urly
This effort will include a Design Development Package that wig provide a sidewalk plan layout
and storefront elevation for owner review and approval, The plan layout will demonstrate new
column layout, new areas of paving, now st locations, and now 00herete curb, erior
elevations and typical well sections will Indicate new materi and archbd features,
heights of now architectural canopies, and existing areas to be painted.
GMA proposes to provide necessary documentation for owner approval.
D esign r i x;i ry c; w, H o urly
Hourl Budget to s, GA M1 0
G ettler, • HenAchgon & Mpaelates
14110 Dallas rim ay a Suite 100 ® Daltaa, X ® 75240
Phone- (972)239 04 - Fax- (972)239 -5054
--------------
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772
RW 59�ft
DavooptafAstevicas
Sift Dow
Ardthwhn
CWK0why" M. -Fe,
GHA
Principal
$110
cps
Associate
Client Manager
$100
$90
Principal
$110
Project Manager
V15
Sr. Construction Manager
$100
Creativo Difeaw - Design
$1100
Construction Manager
$90
Design Associate
"S
Sr. Property Development
$100
Job Captain
$75
Property Development
$85
Draftsman
$70
Prof w Manager
$90
Administrative
$55
Administrative
$55
Getdes Henticbeon &.4moclates
14110 Dagae Pmkw.%y a Suite 100 - Dalles, TX ® 75240
Phone; (972)239-8804 - Fax: (972)239-5054
Best regards,
AfeNtecture/Dovelopment
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Authorization
14110 Dallas Parkway ® suite IOU a Dallas, 1'X O 79254
Phcmv.- (972)239 -8 ® Pax: (972)239 -5054
PA4TNIR®
February 29, 2009
Mr. David Johnson
Cypress Properties
601 East Whitestone Boulevard
#246
Ceder Park, TX 76613
Project Kenrgdale Town Center
Project # A09227
Invoice # - 23471
Amount $ 1,526.73
Enclosed is the monthly invoice for TBG services. TBG appreciates you choosing us to serve
your needs and appreciates your attention to this invoice. Please contact me if you have
any questions about our invoice,
Sarah Cash
Financial Officer
sarah.cosh0ft inc.com
512,377.1011
7FT7 f .r
DA A7ME ®3
Mr, David Johnson
Cypress Properties February 29, 20Q0
601 East Whitestone Boulevard Invoice No: 23471
0245 Project No: A09227
Reference: Kenndale Town Center
�or professional services rendered for the period January 17, 2009 to February 13, 2005
Description of Services
HOURLY
Permit drawing coordination. Schematic design work code research.
Staff Level Hours
Rate
Amount
Staff Level 2 2.00
$60,00
$120.00
Staff Level 2 9100
$50,00
$450.00
Staff Level 3 2,00
$75.00
$150.00
Staff Level 3 11.50
$70.00
$905.00
Total Fee This Period
Contract Amount;
Earned To Date:
Paid To Date;
C ourier
$2,500.00
$1,525.00
$0.00
$1.73
MW
901 8. Mopac, Bldg 2 Ste 350 Austin, TX 78746 Telephone: 512- 327 -1011 Fax: 51 2.
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: 1-g.
Subject: Discussion with KEDC contract provider, Jack Thompson of Orasi Development relative to
future economic development strategies.
Disposition by KEDC Board of Directors:
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: I -h
Subject: Review and consider action to change date and time of future meeting, if needed.
Originated by: Kathy Turner, Secretary
Summary: Discussion will take place to see if there is a need to schedule any upcoming
workshops and /or special meetings, as well as discuss the May 19, 2009 regular
meeting date to see if there is a need to reschedule.
Recommendation:
Disposition by KEDC Board of Directors:
To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: ii
Subject: Staff Announcements/Reports
Originated by: Kathy Turner, Secretary EDC
Summary: Board of Directors will receive announcements/reports from the following:
a. KEDC Executive Director
1. Legislative Update — MMD Bill
2. Strategic Plan Activity
3. Board Appreciation Dinner
t 9 0941
Recommendation:
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To KEDC Board of Directors
Date: April 17, 2009
Agenda Item No: III.
Subject: President Announcements /Reports
Originated by: Kathy Turner, I,'EDC Secretary
Summary: President Announcements/Reports
1. Report agenda items to be posted for future meetings.
Recommendation: ICU
Disposition by KEDC Board of Directors:
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