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HomeMy WebLinkAboutCC 2001-12-10 Agendas . For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA DECEMBER 10, 2001 - 5:30 PM . I NUMBER I ITEM I ACTION I TAKEN 1. Discuss Items from Regular December 10, 2001 City Council Meeting (5 Minutes) 2. IR 2001-185 Discuss Various Revisions and Adoption of the Residential Code, Electrical Code, Supplemental Development Code and Building Development Fee Schedule (20 Minutes) 3. Executive Session - The Council may enter into closed Executive Session to discuss the following: (40 Minutes) Personnel Matters Under Government Code §551.074- Deliberate Appointment of City Attorney 4. Adjournment - 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. ~ POsTED ¡;J.-Q-o / Da¡¡; J/fq.5 é?1h TIme s.& -II::;;:: e 12/10/01 City Cbuncil Agenda Page 1 of 4 - For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA DECEMBER 10, 2001 - 7:00 PM 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. e NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Smithfield Middle School Kerri Rowe, Teacher 3. Pledge - Smithfield Middle School Kerri Rowe, Teacher 4. Special Presentations a) Christmas Lighting Awards Contest IR 2001-184 b) Recognition's: "Night of Holiday Magic Committee" 5. Removal of Item(s) from the Consent Agenda e 12/10/01 City Council Agenda Page 2 of4 . NUMBER ITEM ACTION TAKEN Consent Agenda: a. Minutes of the Pre-Council Meeting November 26, 2001 b. Minutes of the City Council Meeting November 26, 2001 PU 2001-043 c. Approve Upgrade of Outdoor Emergency Warning Siren System to American Communications in the Amount of $25,525.00 and Amend CIP Budget PU 2001-044 d. Approve Purchase of a New Type t Ambulance to Frazer, Inc., in the Amount of $124,145.00 PU 2001-045 e. Award Annual Contract for Top Soil, Sand and Flex Base to HJG Trucking in the Amount of $58,900 PU2001-046 f. Award Bid for Annual Shirt Contract to Active Impressions PU 2001-047 g. Award Bid for Police Department HV AC Replacement to Klund Services in the Amount of $27,650 PW 2001-021 h. Award of Bid to Champion Coatings, Inc. in the amount of $375,600 for the Davis Boulevard Elevated Storage Tank Repainting and Rehabilitation 2001 Consideration of a request by Earnest 7. PS 2001-29 Hedgcoth, representing the property owners, for the approval of a Final Plat of Lots 1-11, Block 1 & Lots 1-7, Block 2, Royal Oaks Addition at the southwest comer of the intersection of Rumfield Road and Spring Oak Drive . . 12110/01 City CounciJ Agenda Page 3 014 l' . NUMBER ITEM ACTION TAKEN Public Hearing to Consider a Request from the 8. PZ 2001-30 Birdville Independent School District for Zoning Changes on Two Tracts of Land Located in the John C. Yates Survey, Abstract No. 1753. Tract No. 1(10.67 acres) from C-1 Retail to U Institutional and Tract No.2 (1.87 acres) from C-1 retail to 1-1 Light Industrial (Located South of Mid-Cities Boulevard and east of Rufe Snow Drive) - Ordinance No. 2588 Public Hearing to Consider a Special Use 9. PZ 2001-33 Permit (SUP) Request by J.L. Steel, L.P. for a Temporary Concrete Batch Plant Operation not to Exceed 24 months on 1.87 Acres out of the John C. Yates Survey, Abstract No. 1753 - Ordinance No. 2589 10. GN 2001-115 Public Hearing for Consideration of Establishing an 87 Acre Reinvestment Zone and Authorization of a Property Tax Abatement by North Hills Creek Mall L.P. Ordinance No. 2594 and Resolution No. 2001-070 11. GN 2001-116 Consider Resolutions Authorizing the Execution' of an Economic Development Agreement by and between North Hills Creek Mall, L.P. and the City of North Richland Hills for Sales and Beverage Tax Rebate Grant - Resolution No. 2001-071 12. GN 2001-117 Action on Any Matter Listed Under Executive Session 13. a) Citizens Presentation b) Information and Reports 14. Adjournment . . PoSTED /~. ~.tJ I Date ?I'I.:5 ¿¡ rn Time 12/10101 City Counål Agenda Page 4 of4 Byg~, INFC¡RMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-185 Î\ ~ December 5, 2001 Discussion of Adoption of New Building and Development Codes for the City of North Richland Hills At present NRH is under the 1991 Uniform Building, Plumbing, Mechanical Codes and the 1996 National Electrical Code. The surrounding areas are currently moving to the 2000 International Codes and the 1999 National Electrical Code. In July 2001, Council approved a Technical Code Review Committee consisting of 7 members to review these new building codes as appropriate to the City of NRH. During the State legislative sessions, the mandatory adoption for the 2000 International Residential Code and the 2000 International Energy Conservation Code became law on September 1,2001. The State provided for a mandatory adoption date of January 1, 200~ for the International Residential Code and September 1, 2002 for the International Energy Code. Due to the enormity of these code changes and the education for staff as well as for the construction industry, staff proposes to implement these code adoptions in phases. In March 2002, staff plans to bring forward for adoption the 2000 International Plumbing, Mechanical Codes. In June 2002, staff plans to bring forward the 2000 International Building, Fire, Energy Codes and 2001 International Energy Supplement. 2000 International Residential Code This is a new code that applies to only One and Two Family Dwelling Units. The purpose behind this code is that it consolidates all building trades for residential construction into one book instead of five. The State has allowed that the electrical provisions in this book may be removed and adhere to the latest adopted electrical code. Most of the requirements in this code are being practiced today, however it does provide for an energy provision. The energy provision regulates the amount of insulation required in attics, walls, between and under floor spaces. This provision also impacts windows, doors, HV AC efficiency ratings. Residential plans when submitted will be required to provide energy calculations. There is also a provision to prohibit un-vented gas heaters with an exception to heaters equipped with an oxygen-depletion-sensitive-safety-shutoff-system. What this means to older existing homes with the old fashioned stove heater is that when a building permit is taken out for a renovation project, that type heating unit may not be allowed to be used as the sole heat source or to be re-installed. The Technical Code Review Committee approved the recommended North Texas Council Of Government amendments to the International Residential Code. For the most part the amendments are used to clarify a code requirement for use in this geographic area. 1999 National Electrical Code This code is updated from the 1996 version. It has been completely redesigned in format and some code reference numbers have changed but the overall content is the same. There is a requirement for Arc-Fault Circuit Interrupters (a special circuit breaker) to be installed on all bedroom circuits. The Technical Code Review Committee has voted to delay the enforcement of this requirement until the next adopted electrical code. The reason for this delay is due to the lack of availability and cost of the breakers. These breakers would increase the cost of an average 3 bedroom home possibly $300- $400 at contractors cost. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e e e ~ The Technical Code Review Committee approved the recommended North Texas Council Of Govemment amendments to the 1999 National Electrical Code. For the most part the amendments are used to clarify a code requirement for use in this geographic area. 2002 NRH Supplemental Development Code This code has been developed to address specific areas of concern for enforcement of regulations in NRH. The Technical Code Committee has approved each item. This code addresses how to appeal code decisions, explains certificate of occupancy, contractor registration, contractors performing work in ROW, moving of buildings, addresses, minimum foundation requirements, site grading, control of construction debris, temporary occupancy of streets, Lot drainage/flood plain, sanitation requirements, stop work issue, sampling ports, access to construction sites, and paving standards. 2002 Fee Schedule The Technical Code Committee was presented with a sampling of area city fees. It was found that NRH is approximately 12% lower than the cities of Hurst, Euless, Bedford, and Keller. The committee was not inclined to raise our fees to match other cities but, instead, recommended a 5% maximum cap on development fees. The fees may be re-evaluated yearly. Recommendation: The Technical Code Review Committee has met over the past several months and the Committee has made a final recommendation at the November 15, 2001. The Committee voted 4-0 to recommend adoption of the 2000 International Residential Code, the 1999 National Electrical Code, the 2002 NRH Supplemental Development Code and a maximum 5% cap on the current Fee Schedule. The Technical Code Review Committee will be present at the City Council briefing on December 10, 2001 to discuss elements of the proposed revisions. The formal adoption of these codes is scheduled for the December 17, 2001 City Council. :J:Q~ John Pitstick .. TECHNICAL CODE REVIEW COMMITTEE e MEMBER LIST Mark Alexander 817 -788-9533 K. B. ALEXANDER & CO. 817-788-8705 Fax 4709 Old Denton Road Fort Worth, TX 76117 Mark@kbalexander.com Mralex11 @aol.com Joe Crane 817 -416-2062 JOE CRANE ELECTRIC, INC. 817-416-9065 Fax 8908 Thornmeadow Court North Richland Hills, TX 76180 Jim Lackey 972-880-9877 7725 Chasewood Drive North Richland Hills, TX 76180 Jlackey@ci.irvinq.tx.us e Bill Manning 817-877-5571 7308 Tipperary Court North Richland Hills, TX 76180 Wmanninq@multatech.com Lynn Motheral 817 -589-8599 STONEGATE CONSTRUCTION 2223 Handley-Ederville Road Fort Worth, TX 76118 Stoneqat@flash.net Gary Rademacher 817 -281-0720 SHW ARCHITECTS 9001 Airport Freeway, Suite 570 North Richland Hills, TX 76180 Glrademacher@shwQrOuD.com Lloyd Robinson 817 -980-2905 6748 Victoria Avenue e North Richland Hills, TX 76180 e e . '. N@RTH R.ICHLAND HILLS January 1, 2002 March, 2002 June, 2002 Agenda Technical Code Review Board City of North Richland Hills, Texas Thursday, November 15, 2001 6:30 p.m. Finance Conference Room 7301 NE Loop 820 Code Adoption Agenda 2000 International Residential Code 2002 NRH Supplemental Development Code 1999 National Electrical Code 2002 Fee Schedule 2000 International Plumbing Code 2000 International Mechanical Code 2000 International Building Code 2000 International Energy Conservation Code 2001 International Energy Supplement 2000 International Fire Code , .. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-184 1\ -~ ~- V Date: December 10, 2001 Subject: Recognition's - "Night of Holiday Magic Committee" As you are aware we had an excellent holiday season celebration on Monday December 3 at the Mid-Cities Municipal Complex. It was truly a work of teamwork, coordination and involvement of all departments of the City of North Richland Hills. We are very proud that we were able to bring all of these talents and resources together and provide something enjoyable and memorable for our community. It is our belief that this has certainly helped us with our objective to increase and improve our community spirit in North Richland Hills. Although it is difficult to know exactly how many citizens came to the "Night of Holiday Magic", it is clear that it exceeded 5,000 people. This particular event incorporated activities and interest for all ages from the very small to the more mature. Many many citizens commented to us about how much fun this was, from the petting zoo, to making buttons, to the music, to the Rebellaires and certainly to Santa Claus and Mrs. Claus. What a terrific event and one that we can all be very proud of. The snow and fireworks added special. touches and features to this already exciting event. As I mentioned earlier in this IR this was an event that was a result of extremely involved employees in every department. We had a committee representing virtually every department that worked together in planning, coordinating and finally implementing this. Numerous other employees either volunteered or were asked to assist. Most of them were volunteers. Even though we all got "paid" for our efforts I would like to recognize the committee members and thank them for their planning, ideas, initiative and their extremely hard work in providing such a successful community spirited event for North Richland Hills. I have invited them to the Council meeting on Monday night December 10 to let them know how much we appreciate them. I would like to introduce them to our community and thank them publicly for their involvement. I am attaching a list of the committee members that have been invited. Please understand these are certainly not all the workers but they are ones that were responsible for the overall planning and coordination of this highly successful event. We look forward to recognizing these individuals at the Council meeting on Monday evening. Respectfully Submitted~ " 'rfrM+ò~ La~ ~.v~ningham (J- - City Manager LJC/ld ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ·- " e . e 2001 Christmas Celebration Committee Chairman Vickie Loftice, Assistant Director Parks and Recreation Pam Burney, Director of Environmental Services Stacy Smith, Cultural Arts Coordinator Steve Brown, Library Director Debbie Durko, Assistant Court Administrator Ken Rainey, Project Manager Support Services Jenny Kratz, Public Information Director Paulette Hartman, Administrative Assistant - City Manager's Office Clifton Beck, Administrative Assistant -Public Works Sharon Davis, Recreation Superintendent Gary Bechthold, Parks Superintendent Rob Elder, Parks Supervisor Andy Kancel, Community Services Sergeant - Police Department Cary King, Fire Inspector - Fire Department Debbie York, Environmental Resource Coordinator Jimmy Cates, Street Superintendent - Public Works ,~ A e Present: e Absent: ITEM CALL TO ORDER DISCUSS ITEMS FROM REGULAR NOVEMBER 26, 2001 CITY COUNCIL AGENDA MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 26,2001 - 6:10 P.M. Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman John Pitstick Jenny Kratz Larry Koonce Andy Jones Karen Bostic Patrick Hillis City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary City Attorney Asst. to the City Manager Director of Development Public Information Director Finance Director Fire Chief Budget Director Director of Human Resources T. Oscar Trevino, Jr. Councilman DISCUSSION ASSIGNMENT Mayor Scoma called the meeting to order at 6:10 .m. Agenda Item No.8 (PS 2001-38) - Councilman Metts inquired as to the length of the strip the applicant was asking to be opted out of escrow. Staff advised it was the length of the property - approximately 1,000 feet. Mr. Owen D. Long, applicant, advised Council they were requesting waiver of the escrow in return for right-of-way dedication. Mr. Owen advised council he originally had an agreement with the county that they would get the State to build the road if he dedicated the right-of-way. Councilwoman Johnson asked Mr. Cunningham if he was aware of the situation. Mr. Cunningham advised ,. A e IR 2001-175 MUL TI- YEAR CAPITAL IMPROVEMENTS PLAN AND POTENTIAL BOND ELECTION UPDATE IR 2001-178 DISCUSS CONTRIBUTION TO SANTA USA Pre Council Minutes November 26,2001 Page 2 council a verbal agreement was made several years ago if Mr. Long dedicated the right-of-way he would not be required to put up escrow. Mayor Scoma advised that the rest of the developers along North Tarrant Parkway would be paying for the development of the road. Mr. Cunningham advised council the last bond election was held in 1994, and the projects in the bond election are about complete. In looking into the next five years there are a number of projects that need consideration and do not have long term financing. Staff is suggesting that a citizen's advisory committee be formed to study the bond project and give a recommendation to council as to which projects to finance. Staff advised that they wil! come back to council after the first of the year with a list of potential categories of individuals that would be helpful on the committee. Council would then appoint members during January/February timeframe. The staff will begin to work with the committee during the spring and early summer. Staff will come back to council in June with the committee's proposals to consider a bond election during the fall. Mr. Vick advised council that Councilwoman Johnson has requested that council consider donating money to Mr. Moon with the Santa USA. Mr. Vick informed council that Hurst donated $500.00 and Bedford donated $1000.00. Councilwoman Johnson advised council the program not only reaches out to children, but they also visit senior homes and hospitals. Mr. Cunningham advised council should they consider donating money to Santa USA the city should insist that they include all the schools in North Richland Hills. Councilman Whitson's only concern is the debris that would be blown around from the helicopter. Ma or Pro Tem Mitchell would rather see the NAN S.Norwood/L.Koonce ~ e Pre Council Minutes November 26,2001 Page 3 e city's Fire Department and fire trucks go to each school. Mayor Pro Tem Mitchell did not think a helicopter was necessary for North Richland Hills. Mr. Cunningham advised council that Santa USA makes an incredible amount of stops a day and the helicopter helps facilitate the ability to make their scheduled visits. Mayor Scoma suggested that the city donate money this year and then talk about it early next year based upon the results seen and input received from the schools. Then the council can decide if they wish to donate next year. Council consensus was to give $500.00 this year along with a letter requesting that all North Richland Hills elementary schools are added to the list. G.Vick ADJOURNMENT Mayor Scoma announced at 6:37 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property under Government Code Section 551.072 for land acquisition for the thoroughfare plane. Mayor Scoma announced at 6:53 p.m. that the Council would adjourn to the reqular Council meeting. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary e · - e MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 26, 2001 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 26,2001 at 7:00 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Mayor Councilman Mayor Pro T em Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney Absent: T. Oscar Trevino, Jr. Councilman 2. INVOCATION Eric Bennett of North Ridge Middle School recited a devotional reading. 3. PLEDGE OF ALLEGIANCE Alex Kruger of North Ridge Middle School led the pledge of allegiance. 4. SPECIAL PRESENTATIONS e None. City Council Minutes November 26,2001 Page 2 e 5. . REMOVAL OF ITEM(S} FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED e A. MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 12, 2001 B. MINUTES OF THE COUNCIL MEETING NOVEMBER 12, 2001 C. GN 2001-111 PROPERTY TAX EXEMPTION OPTIONS FOR PERSONAL USE LEASED VEHICLES - ORDINANCE NO. 2586 D. PU 2001-041 AWARD BID FOR 2002-YEAR MODEL VEHICLES TO CLASSIC CHEVROLET IN THE AMOUNT OF $309,975 E. PU 2001-042 AWARD BID FOR FIRE DEPARTMENT ENGINE TO ATC AMERICAN LAFRANCE IN THE AMOUNT OF $299,795 Councilman Metts moved, seconded by Councilman Whitson to approve the consent agenda. Motion to approve carried 6-0. 7. GN 2001-112 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LITTLE BEAR CREEK DRAINAGE BASIN ORDINANCE NO. 2098 TO REMOVE A PORTION OF PROPERTY INDICATED AS OPEN SPACE, FROM THE MAP, WHICH IS ADOPTED AS PART OF THE ORDINANCE - ORDINANCE NO. 2583 APPROVED e Mr. John Pitstick, Director of Development, advised council the purpose of the revision is to amend the graphic map of the Little Bear Creek Drainage Basin ordinance to reflect current information regarding properties to be affected by the ordinance. The area of the map proposed for removal is both north and south of North Tarrant Parkway. The property north of North Tarrant Parkway was removed prior to November 2000 because it was determined that the area was not of environmental significance and could be reclaimed for development. The area south of North Tarrant Parkway is platted as Forest Glen East. As a separate item, there is a final plat before council City Council Minutes November 26, 2001 Page 3 e tonight. The preliminary plat was approved prior ~o the Little Bear Creek Ordinance becoming effective. A comment indicating that a 15-acre mitigation area, which was recommended by the Corps of Engineers has been made on the plat. The dedication should be filed by separate instrument with the plat of Forest Glen East. Mayor Scoma inquired about the creation of the linear greenbelt. Mayor Scoma wanted to know where and how much along the Little Bear Creek has been designated as a linear park. Mr. Pitstick advised he was not aware of how much space if any, has been designated as a linear park. Mayor Scoma advised Mr. Pitstick he was asking because part of the goals and objectives, section 100, was to create a linear greenbelt system that would compliment the enhancement of the adja~ent developments. Mayor Scoma said he was aware that a portion of it would have a channel and wanted to know if it was going to be considered part of Little Bear Creek channel. Mr. Pitstick advised council that staff would be removing from the proposed open space a natural preservation area (directly north to North Tarrant Parkway). It will be designated in a homeowner's association agreement. e Mr. Vick advised council that the main corridor of Little Bear Creek that goes across Smithfield will continue to be designated. Staff anticipates that the branch going up to Forest Glen will be included in the trail system with the additional park that was discussed in the capital improvement program. Mayor Scoma was interested to know if the basin is going to be part of the trail in our Parks Plan. Mr. Cunningham advised council that it would be part of Parks Plan. Mr. Cunningham advised council the ordinance before them is the same ordinance in effect now, with the exception of a deletion of one section. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. Mr. Owen Long, 1615 Precinct Line Road, Hurst answered concerns regarding Little Bear Creek Drainage Basin. Mayor Scoma asked for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Mayor Pro Tem Mitchell moved, seconded by Councilman Welch to approve GN 2001- 112, Ordinance No. 2583. e e e e City Council Minutes November 26, 2001 Page 4 Motion to approve carried 6-0. 8. PS 2001-38 CONSIDERATION OF A REQUEST BY OWEN LONG ON BEHALF OF THE PROPERTY OWNER FOR THE APPROVAL OF THE FINAL PLAT OF FOREST GLENN EAST PHASE IIN THE 8500 BLOCK OF NORTH TARRANT PARKWAY APPROVED Mr. Owen Long was available to answer questions from council. Mr. Pitstick advised council the request before them is a final plat for Forest Glenn East Addition. The plat came before council within the last several months and was held up by the Corps of Engineers. There was a mitigation plan that needed to be filed with the Corps of Engineers and the applicant has since received approval from the Corps. A channel maintenance agreement and a homeowner's association agreement responsible for maintenance of the channel through the subdivision have been received as part of the current plat submittal. The plat is exempt from some of the new regulations (parkland dedication and tree preservation ordinances) because the' preliminary plat was filed prior to passage of new regulations. The applicant is also requesting the following exemption: - a waiver of escrow and construction requirements for their portion of North Tarrant Parkway (developer dedicated a 200' wide strip of land for North Tarrant Parkway from Precinct Line Road to the western city limit line) The Planning and Zoning Commission recommended approval at their November 8, 2001 meeting. Staff recommends approval of PS 2001-38 a final plat of Forest Glenn East Addition as recommended by the Planning and Zoning Commission with the stipulation that a separate instrument for a 15.68 acre wetland and pedestrian access easement be filed at the same time as the final plat. Councilman Tolbert asked staff what would happen if council approved the request tonight and applicant did not file the separate instrument for the 15.68 acre wetland and pedestrian access easement. Staff advised council that applicant would not be allowed to develop. The separate instrument is a requirement of the mitigation plan. The plat and separate instrument will be filed at the same time. Councilman Tolbert voiced his concern with the difficulty involved with fining the homeowners association when they fail to maintain the channel. Councilman Tolbert asked if council would be waiving anything tonight by passing the final plat. e tit City Council Minutes November 26, 2001 Page 5 Councilman Tolbert questioned if the City could late~ require that the homeowners' association agreement not only allow a lien on the channel but on other property. Staff advised council that the applicant has filed a homeowner's agreement and a maintenance agreement with the city. Staff can get with the City Attorney to tie additional lots to the channel maintenance agreement. Councilman Tolbert asked the City Attorney when the staff could require additional lots to be included in the channel maintenance/homeowners agreement. Mr. McEntire advised council that staff would do it before the applicant got his building permit. Mayor Scoma advised he was under the impression that the city had a model agreement (Glenview) they were going to use for all channel maintenance/homeowner agreements. Councilman Tolbert questioned if the motion needed to contain anything to make sure that the lien rights for the city would extend to more than just the ditch. Mr. Cunningham advised council the motion should include the provision that the lien rights would extend to property owners. Mayor Scoma asked staff if they had any idea what kind of cost the homeowners association could expect to maintain the drainage ditch. Council discussed the cost to the homeowners' association to maintain the channel. Councilman Metts asked the City Manager if Staff was satisfied with the model channel maintenance agreement that the city has with other subdivisions. Mr. Cunningham advised council that staff is satisfied with the channel maintenance agreement that was recently before council. The channel maintenance agreement would be incumbent upon all of the subdivision. Councilman Tolbert moved to approve PS 2001-38 a final plat of Forest Glenn East Addition as recommended by the Planning and Zoning Commission with the stipulation that a separate instrument for a 15.68 acre wetland and pedestrian access easement be filed at the same time as the final plat and that there be a requirement that the channel maintenance agreement allow the city's lien rights for any breaches of the city maintenance to extend to any and all property covered by the homeowners association agreement. Councilwoman Johnson seconded the motion. e Motion to approved carried 6-0. City Council Minutes November 26,2001 Page 6 e 9. PS 2001-43 CONSIDERATION OF A REQUEST BY DAN QUINTO REPRESENTING ARCADIA HOLDINGS, INC. FOR THE APPROVAL OF A FINAL PLAT OF HOME TOWN BRIDGE STREET BRIDGE ADDITION (LOCATED IN THE 8700 BLOCK OF BRIDGE STREET) APPROVED Mr. Dan Quinto summarized request and was available to answer questions from council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilwoman Johnson moved to approve PS 2001-43 a final plat of HomeTown Bridge Street Bridge Addition as recommended by the Planning and Zoning Commission. Councilman Welch seconded the motion. Motion to approved carried 6-0. e 10. PZ 2001-28 CONTINUED PUBLIC HEARING TO CONSIDER A REQUEST BY CHRISTIAN BROTHERS AUTOMOTIVE ON BEHALF OF THE PROPERTY OWNER WILLIAM PRUITT FOR A SPECIAL USE PERMIT ON 1.229 ACRES OF LAND FOR AN AUTOMOBILE REPAIR FACILITY LOCATED IN A C-1 RETAIL DISTRICT (LOCATED IN THE 7800 BLOCK OF RUFE SNOW DRIVE) - ORDINANCE NO. 2581 APPROVED Mr. Lewis Ten Have advised council that he was able to meet with the homeowner's in the area. An agreement was reached with the residents and applicant to have them drop their opposition to PZ 2001-28. The agreement is that applicant would make a greenbelt of the east 50 feet of the property that abuts the neighborhood. Christian Brothers would give up the 50 feet as long as Christian Brothers holds the property. Mr. Pruitt the seller of the property, who has land south of Christian Brothers said he was also willing to make a greenbelt out of the east 50 feet of his property. The Planning and Zoning Commission's stipulation was that the hours of operation for the first 60 days would be from 7:00 am - 7:00 pm, six days a week, then drop to five days a week thereafter with no body work or selling of tires allowed. Mr. Ten Have is requesting that council extend the amount of days to 90, which will allow the property to be open on Saturday until 2:00 pm. e Mr. Ten Have advised council there might be occasions when a few cars will be parked out overnight during the summer months. e e e City Council Minutes November 26,2001 Page 7 Councilman Whitson asked Mr. Ten Have if the back 1/3 of his property would be fenced on the north, south, and west sides. Mr. Ten Have advised council there is a city ordinance that requires him to fence adjacent to the neighborhood. At this time that is the only side of the property he plans to fence. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. The Planning and Zoning Commission approved request with the stipulation that the hours of operation for the first 60 days would be from 7:00 am - 7:00 pm six days a week, and then drop to five days a week with no bodywork or selling of tires allowed. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor to come forward. Mr. Kenneth Milburn of 7659 Cypress Court asked council if another auto shop would be able to open for business in the area and would they be under the same stipulations as Christian Brothers. Mr. Paul Weiss of 7666 Moss Court wanted to emphasis the agreement that was reached with the residents of the surrounding properties. It was Mr. Weiss' understanding that the 50-foot greenbelt would extend east as the other properties are developed south of Christian Brothers. There being no one else wishing to speak Mayor Scoma closed the public hearing. Mr. Weis was advised that this request did not affect the surrounding property. The council cannot require in the motion for this request that the 50 foot greenbelt extend to the other properties. Councilman Tolbert moved to approve PZ 2001-28, Ordinance No. 2581 as approved by the Planning and Zoning Commission with the change that the hours of operation for the first 90 days be Monday through Saturday and after the 90 days drop to Monday through Friday for hours of operation from 7:00 am - 7:00 pm with no body work or selling of tires allowed, and to change the site plan so that the east 50 feet of the site plan be shown as 50 foot landscape buffer. Councilwoman Johnson seconded the motion. Motion to approved carried 6-0. City Council Minutes November 26, 2001 Page 8 e 11. , PZ 2001-32 PUBLIC HEARING TO CONSIDER ORDINANCE NO. 2577, AMENDING ORDINANCE NO. 1874. SAID ORDINANCE NO. 2577 AMENDS THE GENERAL ZONING ORDINANCE OF THE CITY BY AMENDING THE TABLE OF PERMITTED USES, BY AMENDING CERTAIN SETBACK REQUIREMENTS, BY AMENDING THE SECTION DEALING WITH TEMPORARY USES, BY AMENDING STORAGE REGULATIONS, BY AMENDING THE SECTION DEALING WITH MECHANICAL EQUIPMENT AND SCREENING OF MECHANICAL EQUIPMENT, BY REQUIRING SIDEWALKS TO BE CONSTRUCTED IN ACCORDANCE WITH THE PUBLIC URBAN DESIGN MANUAL, BY AMENDING SCREENING AND FENCING REGULATIONS, BY AMENDING THE DEFINITIONS SECTION OF THE ZONING ORDINANCE BY ADDING NEW DEFINITIONS AND PROVIDING A SAVINGS CLAUSE - ORDINANCE NO. 2577 APPROVED Mr. Pitstick advised council of the following changes to the zoning ordinance: e - New land uses - Building setbacks - Temporary uses and buildings - Outdoor Storage regulation - Incidental outside display - Mechanical equipment - Sidewalk - Front yard fences in residential areas The Planning and Zoning Commission voted to approve the ordinance with the three changes below: · Change all references from acupuncture studio to acupuncture clinic · Change the definition of façade wall to any wall with frontage on a public street · Clarify that ornamental sight barring fences are permitted for single family residential properties. Lots with at least 100 feet of frontage a 4' fence is allowed and masonry columns are not permitted. Lots with at least 200' of frontage - a fence is allowed between four and six feet in height and one brick column constructed every thirty feet on center. Council discussed special service shops, definition of clinic, and secondary living units. Mr. Pitstick introduced Dave Green the city planner. Mr. Green gave council an overview on the changes dealing with architectural e requirements. e e e City Council Minutes November 26, 2001 Page 9 Councilman Welch left the meeting at 8:45 pm. Councilman Welch returned at 8:51 pm. Councilwoman Johnson asked that staff include the word irrigated in integral planters or wing walls. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Tolbert moved to approve PZ 2001-32, Ordinance No. 2577 with the stipulations that the massage and acupuncture facilities be allowed in Local Retail only with a special use permit and be permitted as right in C1 and C2; specialty personal service shops only be allowed in Industrial zoning with a special use permit Mr. Pitstick advised council that the city has a lot of Industrial uses that the city wants to encourage good industrial uses. Mr. Pitstick asked Councilman Tolbert how he would feel in putting the specialty personal service shops in the outdoor commercial district only and not in the industrial, because Mr. Pitstick would like to promote good industrial uses. Councilman Tolbert revised his motion for the specialty personal service shops only be allowed in Outdoor Commercial District with a special use permit; the secondary living unit have a requirement that the architectural design and building material be substantially similar to the primary structure; and in article 6, section 606 that planters fleed to be irrigated. Councilwoman Johnson seconded the motion. Council discussed whether the breezeway should be removed and if the secondarly living unit should be attached to the primary living unit. Councilman Tolbert amended his motion to include the stipulation that the primary structure and the secondary living unit be attached to each other. Mr. Steve Norwood suggested council consider saying "if lot is a Ÿ2 acre or less a walkway or connection would be required, those lots Ÿ2 acre and greater would not require a walkway or connection." Councilman Tolbert revised his amendment to the motion per Mr. Norwood's comments. Councilwoman Johnson accepted the amendment. Motion to approve carried 6-0. City Council Minutes November 26, 2001 Page 10 e 12. , PZ 2001-34 PUBLIC HEARING TO CONSIDER THE FOLLOWING REVISIONS TO THE THOROUGHFARE PLAN; THE EXTENSION OF SHADY GROVE ROAD AS THE TWO LANE, UNDIVIDED, MINOR COLLECTOR STREET (C2U) DESIGNATION FROM ITS EXISTING LOCATION IN A SOUTHERLY DIRECTION TO INTERSECT WITH NORTH TARRANT PARKWAY; THE EXTENSION OF BROWNING DRIVE AS THE TWO LANE, UNDIVIDED, MINOR COLLECTOR STREET (C2U) DESIGNATION FROM ITS EXISTING LOCATION IN A NORTHERLY DIRECTION TO CONNECT WITH BROWNING COURT; AND REVISIONS TO THE STREET SYSTEM FOR HOME TOWN DEVELOPMENT AND THE SURROUNDING VICINITY, WEST OF GRAPEVINE HIGHWAY, SOUTH OF MID-CITIES BOULEVARD AND EAST OF DAVIS DRIVE - ORDINANCE NO. 2584 APPROVED Mr. Pitstick advised council staff had originally made three primary recommendations for changes to the thoroughfare plan. A public meeting was held with surrounding property owners of all the affected properties. Staff also met with the Planning and Zoning Commission. Staff is recommending that two of the primary recommendations be withdrawn from the thoroughfare change. The three primary changes are: e · The extension of Shady Grove Road as a two-lane, undivided, minor collector street from its existing location in a southerly direction to intersect with North Tarrant Parkway Mr. Pitstick advised council staff received a letter from the property owner affected. There is a 3 ~ acre parcel that is platted on the, west side of the property and the alignment would be going through the property. The applicant has requested at least 30 days to see how it will affect his property. As a result of this request, staff recommends that this recommendation be withdrawn. · The extension of Browning Drive as a two-lane undivided, minor collector street designation from its location in a northerly direction to connect with Browning Court. Mr. Pitstick advised council staff met with the developers and they want the ability to market the northern portion of their property for one large industrial user. Due to the revised preliminary plan, staff recommends removing this from the proposed changes to the thoroughfare plan. · Revisions to the street system for Home Town development and the surrounding vicinity, generally located west of Grapevine Highway, south of Mid-Cities Boulevard and east of Davis Boulevard. e City Council Minutes November 26, 2001 Page 11 e Mayor Scoma opened the public hearing and ask~d for anyone wishing to speak in favor of request to come forward. There being no one wishing to speak, Mayor Scoma asked for anyone wishing to speak in opposition to come forward. Mr. Kenneth F. Reimer, 3712 McFarlin Boulevard and Mr. Jonathan Vinson, 1445 Ross Avenue spoke in opposition of request. Mayor Scoma advised Mr. Reimer and Mr. Vinson that the first two recommendations have been withdrawn. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Councilman Whitson left the meeting at 9:25 pm. Councilman Whitson returned to meeting at 9:27 pm. e Mayor Pro Tem Mitchell moved to pass PZ 2001-34, Ordinance No. 2584 approving the changes proposed for Home Town and immediate vicinity, denial of the proposal for Browning Drive as a result of changes to the proposed preliminary plat for this tract of property, and denial of the Shady Grove extension until additional research can be accomplished. Councilwoman Johnson seconded the motion. Councilman Tolbert's understanding is that there was an agreement between staff and the property owners allowing the property owners to come back and give us their comments regarding Shady Grove. Councilman Tolbert inferred from that there was also going to be some discussion about whether the Shady Grove Road extension may possibly be going some other type of way to connect with North Tarrant Parkway. Councilman Tolbert is not hearing that right now from staff. Mayor Scoma advised council the approach was to remove it tonight. Staff would talk to the property owners and if there is an agreeable solution it will be brought back to council for consideration. Mayor Scoma clarified that Councilman Tolbert would like Shady Grove Road brought back to council if an agreeme!1t can not be reached. Mr. Pitstick advised council that staff is in the process of designing North Tarrant Parkway. Staff is aware that they need to discuss this with all property owners that are affected on North Tarrant Parkway. Staff will need to work with the property owners on median breaks and the curb cuts to design them in an effective manner. Staff intends to do this and move forward. Motion to approved carried 5-1 with Councilmen Welch, Metts, Whitson, Mayor Pro Tem Mitchell and Councilwoman Johnson voting for and Councilman Tolbert voting e against. e e e City Council Minutes November 26,2001 Page 12 13. GN 2001-113 PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF TMRS 20-YEAR RETIREMENT BENEFIT - ORDINANCE NO. 2585 AND APPROVAL OF 5 YEAR VESTING APPROVED Mr. Patrick Hillis summarized item for council. Councilwoman Johnson moved, seconded by Councilman Tolbert to approve GN 2001- 113, Ordinance No. 2585. Motion to approve carried 6-0. 14. GN 2001-114 CONSIDERATION OF AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GATEHOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND OPERATING A CABLE TELEVISION SYSTEM - ORDINANCE NO. 2582 (2nd Reading) APPROVED Ms. Paulette Hartman summarized item for council. Councilman Metts moved, seconded by Mayor Pro Tem Mitchell to approve GN 2001- 114, Ordinance No. 2582. Motion to approve carried 6-0. 15. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS December 3 - Night of Holiday Magic event will begin at 6:30 pm at the Mid Cities Municipal Complex e e e City Council Minutes November 26,2001 Page 13 Christmas Lighting Contest - The Beautification Commission is accepting nominations for the annual Christmas lighting contest. Please cail 817-427-6651 for more information. The Police and Fire Departments will be collecting unwrapped toys for families this holiday season. They will be accepting toys Tuesday, November 2ih and Wednesday, November 28th from 3:30 pm - 4:30 pm. Please call 817-427-6818 for more information. December 1 - Critter Connection will be open at North Hills Mall 10:00 am - 6:00 pm December 1 - Elves Workshop at the Recreation Center. Please call 817-427-6600 for more information. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:38 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary , .;J CITY OF NORTH RICHLAND HILLS Department: Fire/Emergency Management Council Meeting Date: 12/10/01 Subject: Approve Upgrade of Outdoor Emergency Warning Siren Agenda Number: PU 2001-043 System to American Communications and Amend 2001/2002 Capital Projects Budget in the Amount of $25,525.00 In 1994, voters approved a Public Safety Bond Package, which included enhancements to the outdoor warning sirens located in various locations throughout the city. These outdoor sirens are intended to alert our citizens of impending severe weather, and other emergencies. Once alerted citizens who are outside are encouraged to find shelter indoors and tune to local television and radio stations for further details. In 1996 the eight (8) old sirens were replaced with the current ten (10). Shortly after these sirens were installed an upgrade became available to our sirens. This upgrade allows the status of each siren to be monitored remotely and instantly assures that should the need arise to alert our citizens, the sirens are in working order. Currently each siren is tested on a monthly basis and members of the North Richland Hills Radio Amateur Civil Emergency Service (R.A.C.E.S.) volunteers monitor these tests. The department will still conduct the monthly siren test with the help of our volunteers however, from time to time they cannot all be in attendance and a siren is not manned for that month. This new upgrade will assure that each siren is in working order and ready to alert. Due to cost savings and precise placement of the 10 sirens in 1996, savings of $ 26,986.00 were realized on the project. The savings from the original project would be used to fund the requested siren upgrade. It will be necessary to amend the 2001/2002 Capital Projects Budget to include the siren upgrade in the amount of $25,525.00. The same company that installed the new sirens in 1996 and currently maintains these sirens is the only bid for this upgrade. They have maintained this system and have responded very quickly and efficiently when the system has experienced an occasional problem. Recommendation Approval of proposal to upgrade the 10 outdoor warning sirens and approval to amend the 2001/2002 Capital Projects Budget in the amount of $25,525.00 to fund the siren upgrade. Finance Review ÚrldMw-4 ~I Department He Signatu Source of Funds: Bonds (GO/Rev.) Operating Budget Other f .. Major Capital Equipment Program Early Warning System System Upgrade 02-20-80-003 PROJECT DESCRIPTION This project consists of enhancements to the existing outdoor warning sirens. Each siren will have its radio reprogrammed and new interface boards will be installed. Both of the current controllers will be replaced, which will allow for remote diagnostics. PROJECT STATUS Beginning Date Ending Date Professional Services 01/07/2002 02/11/2002 FINANCIAL DATA Total Funding Source Amount to 200112002 2001/2002 2001/2002 Remaining Project Date Adopted Revision Budget Budget Cost Existing: G.O. Bonds, Series 1995 ('94) $0 $0 $25.525 $25,525 $0 $25,525 Proposed: nla 0 0 0 0 0 0 Total $0 $0 $25,525 $25,525 $0 $25,525 Project Expenditures Professional Services $0 $0 $25,525 $25,525 $0 $25,525 Construction 0 0 0 0 0 0 Total $0 $0 $25,525 $25.525 $0 $25,525 IMPACT ON OPERATING BUDGET None. Annual Operating Impact Net operating impact CITY OF NORTH RICHLAND HILLS Department: Fire/Finance / Support Services Council Meeting Date: 12-10-2001 Subject: Authorize Purchase of Fire Department Ambulance from Agenda Number: PU 2001-044 Frazer Inc. in the Amount of $124,145.00 In the 2000/2001 approved budget, Council appropriated funds for a new Ambulance for the Fire Department. This Ambulance will replace a 1987 Ford currently in reserve service at Fire Station # 3. The new Ambulance will be a custom, self-contained, Type 1 medium duty Ambulance. The Fire Department prepared specifications for the new Ambulance. The specifications were generic in nature and described a custom, Type I, medium duty Ambulance with a generator powered, 110-volt, self- contained medical module. Competitive bids were sought from seven vendors. Two vendors submitted bids for our consideration. Four vendors submitted no-bids. No response was received from the other vendor. The two vendors who did provide bids and their bid prices are as follows: Frazer, Inc. of Houston, TX. $124,145.00 American LaFrance, of Oklahoma City, OK. $225,225.00 The Fire Department and Purchasing Department evaluated the bids to ensure the intent of the specifications was met and all requisite fixed equipment was included in the final bid price calculation. . The vendors who submitted no-bids manufacture custom ambulances that do not normally have fully self- contained 110-volt generator powered medical modules. This feature is a key component of the bid specifications. The American LaFrance bid took numerous exceptions to the bid specifications, including a much larger chassis (2~ ton Freightliner) than specified, thereby significantly increasing the cost for their ambulance. The Frazer ambulance meets all bid specifications, uses parts readily available at local auto parts stores and is almost identical to the last ambulance purchased for the Fire Department's fleet in May of 1999. Purchase of the Frazer unit will help to standardize the Fire Department's ambulance fleet. The last ambulance purchased from Frazer, which was similar to this unit, was purchased for $132,600. Our initial bid deadline was extended after we received a single bid from Frazer. Due to the extension, American LaFrance chose to prepare and submit a bid. Note: The Frazer ambulance is also available through the Houston-Galveston Council of Governments for the price they bid but would require a 3% handling fee so the bid amount is actually less. A committee consisting of representatives from the Fire Department, Finance, Support Services, and the City Manager's Office was convened to review the findings. The Fire Department, with the concurrence of the review committee, recommends awarding the bid for the new Ambulance to the low bidder, Frazer Inc. in the amount of $124,145.00. Recommendation: Approve purchase of new ambulance to Frazer, Inc., in the amount of $124,145.00. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 510-7032-712.74-10 Available .,. 4~n ~~get Director Page 1 of .-L · :i. CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 12/10/2001 Subject: Award Bid for Annual Contract to Supply Top Soil, Sand Agenda Number: PU 2001-045 and Flex Base to HJG Trucking in the Amount of $58,900 In the 2001/2002 approved budget, Council appropriated funds for the purchase of various materials required for street repairs following water/sewer repairs or improvements. Formal bids were solicited for an annual contract to supply top soil, cushion sand and flex base. The results are outlined below. HJG Trucking J&A Dirt Work McCauley Dirt Company Lowery Sand & Gravel H. Mitchell Trucking Tate Brothers Trucking Clear Fork Materials Recycled Aggregates Ingram Sand & Gravel Big City Crushed Concrete $58,900 $60,300 $68,050 $68,990 $70,990 $80,602 $90,049 $19,000 (incomplete bid) $ 3,000 (incomplete bid) Bid not properly completed These materials will be used by the Public Works/Utility Department. Bidders were requested to submit bids on estimated quantities of the above referenced materials and deliver on an as need basis. Contractors are also required to guarantee the bid prices for a twelve-month period. The bids submitted by Ingram Sand and Gravel and Recycled Aggregate were incomplete bids and did not meet the minimum specifications. The bid submitted by Big City Crushed Concrete was also incomplete and the total was not properly extended. HJG Trucking met all the general conditions and specifications of the bid. This company was awarded the contract the last four years. They have delivered materials that meet the City specifications, provided good service and made deliveries within the requested time. Recommendation: To award the bid for an annual contract to supply top soil, sand and flex base to HJG Trucking in the amount of $58,900. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other 405-6004-731.43-45 Account Number 405- 5-731.43-45 Funds Available Budget Director ] litL \ C--L Finance Director Page 1 of 1 __.,~ -, ..... ,,,,,,,'"''''.'',,-,'''''''-<''0''-''''' -"",' . ','~ _,' ,~,~,,~' :','- _,':' -;,"::" -"", }"?-~,:,:~:' :,.: ~7:'~\~'?'~'1- ~~'-'.;'7::-:-;,;!';,,~,:,,;:~,';'\f'~':"¡r: ' }!;_-~m!i."!'}~"7"1:~""';]'0':~: ?~:';'~1:f"::~'''!',<j~¡':';~;:J~'''~5,-~''-. ;"'0 '~,:,.,;, 7;-'''¥'è''''~:'ry!¡~:·,; 'I ':'''"\ ~1 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 12/10/2001 Subject: Award Bid for Annual Shirt Contract to Active Impressions Agenda Number: PU 2001-046 Formal bids were solicited for an annual contract to supply various types of shirts. T-shirts and golf shirts are used by various departments as part of their uniform and by the Parks and Recreation Department for the various sport leagues and special events. Departments order these shirts as they are required throughout the year. Bidders were requested to submit bids based on a percentage off the manufactures retail catalog price. The specifications stated the initial contract period would be for two-years. The bid results are listed below. Active Impressions 43% Sans Design 40% Mid Cities Apparel 35% Custom T-shirts 30% . This type of contract will give the City the ability to choose any item from the vendor catalog and not be limited to specific types, colors and brands. Miscellaneous services such as silk screening, embroidery and creating the artwork that may be required were included in the specifications. BidçJers were also requested to submit samples of artwork their company has created for other customers. Active Impressions has been awarded this contract the last three years and have provided excellent service, orders are delivered by the requested date and they are a very knowledgeable and easy company to work with. They provide quality shirts and have very good design and silk screening abilities. The Active Impressions bid met all the specifications and general conditions of the bid and they state their bid will be good for the initial two-year contract period. Recommendation: To award the contract to supply various types of shirts to Active Impressions for a two-year period. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Various unds Available ~~ D~fnent Head Si nature Budget Director . Page 1 of 1 ,." . . . . '."'~ ,. '.. CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 12/10/01 Subject: Award Bid for Police Department HV AC Replacement to Klund Services in the Amount of $27,650 Agenda Number: PU 2001-047 In the 2001/2002 approved budget, Council appropriated funds for the replacement of HV AC equipment at the Police Department. Formal bids were solicited and the results are outlined below. Airwise Heat & Air $21,430 Klund Services $27,650 APEX Heating & Air $29,365 DMI Corporation $31,291 Gorman Mechanical $34,150 Gulf Energy Systems, Inc. $36,361 Arctic Air Conditioning $36,368 HVAC equipment will be replaced in the jail, dispatch, and patrol area of the Police Department. Airwise Heat & Air is low bid, but the company was removed from the City bid list after poor performance on the 1999 HV AC project. Airwise did not work well with the City staff, were slow to correct problems, and did not finish the project on time. Klund Services met all the specifications and general conditions of the bid. Klund has a good work history with the City, has performed work in sensitive areas of the Police Department, and has a shorter completion time for the project. Staff also received positive responses from the references checked and their bid is within the budgeted amount of $35,000. Recommendation: To award the bid for the Police Department HVAC Replacement to Klund Services in the amount of $27,650. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director ~~ø2 De artment Head Si nature r I 0) Page 1 of -1. " CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12/1 0/2001 Subject: Award of Bid to Champion CoatinQs, Inc. in the amount of $375,600 for the Davis Boulevard Elevated Tank Repainting and Rehabilitation, 2001 Agenda Number PW 2001-021 This project includes repainting and rehabilitation of the Davis Boulevard 2.0 million gallon elevated storage tank located on Davis Boulevard near Shady Grove Road. The work includes preparation and repainting the interior and exterior of the tank, plus any additional work as needed for compliance with the current TNRCC requirements. Bids were received on November 13, 2001. A total of 12 contractors submitted bids. The three (3) low bidders are shown below. Amount Bid $375,600.00 441,600.00 448,200.00 Calendar Da 5 Bid Time 90 100 210 The low bidder, Champion Coatings, Inc. submitted a list of similar tank repainting projects they have done and staff contacted several of the references listed. Those contacted stated the contractor does good work. Sufficient funds are available and were approved in the 2001/2002 Capital Project Budget. Recommendation: Staff recommends Council award the bid to Champion Coatings, Inc. in the amount of $375,600.00 for the period of 90 calendar days. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget _~ Other -. þl f {. C. ;+-., De~alrtm~~t ~ead slgn~e Finance Director . .. KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas November 29,2001 Mr. Mike Curtis, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-583, CITY OF NORTH RICHLAND HILLS DAVIS BLVD. 2.0 M.G. ELEVATED STORAGE TANK, REPAINTING AND REHABILlTA TION, 2001 TABULA TION OF BIDS AND RECOMMENDA TION OF AWARD Bids were received on November 13, 2001, from twelve (12) contractors for the referenced project, and a detailed bid tabulation showing all the items of construction and unit prices bid by each contractor is attached. A summary of all bidders is tabulated below: . Bid Bidder's Base Calendar No. Name Bid Days 1 Champion CoatinQs, Inc. $375,600.00 90 2 N.G. PaintinQ 441,600.00 100 3 Utility Service Co. 448,200.00 210 4 A N J Construction 467,800.00 120 5 Gulf States Protective CoatinQs, Inc. 472,900.00 160 6 TMI CoatinQs, Inc. 497,600.00 140 7 Elevated Tank ADDlicators, Inc. 523,100.00 150 8 American PaintinQ & Maint., COrD. 544,000.00 120 9 Blastco, Inc. 644,839.00 180 10 AnQelos PaintinQ, Inc. 671,900.00 220 11 Phoenix Tank Services 710,400.00 75 12 Tenyer Coatings, Inc. 837,600.00 150 This project includes repainting and rehabilitation of the Davis Blvd. 2.0 million gallon elevated storage tank located on Davis Blvd. near Shady Grove Road. The work associated with this project includes preparation and repainting of the interior and exterior surfaces of the tank, plus spot patching and repair of failed surfaces along with removal and replacement of miscellaneous tank appurtenances as needed for compliance with current TNRCC requirements. þ. The low bid for this project was submitted by Champion Coatings, Inc., in the amount of $375,600.00 for a construction period of 90 calendar days. The high bid was submitted by Tenyer Coatings., Inc., in the amount of $837,600.00 for a period of 150 calendar days. The range of bids from low to high is a difference of $462,000.00. The construction budget previously established for this project is approximately $580,000. 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021-5826 · 817/283-6211 · METRO 817/267-3367 . FAX 817/354-4389 , . . . November 29,2001 3-583, CITY OF NORTH RICHLAND HILLS DAVIS BLVD. 2.0 M.G. ELEVATED STORAGE TANK, REPAINTING AND REHABILlTA TION, 2001 TABULA TION OF BIDS AND RECOMMENDA TION OF AWARD The low bidder, Champion Coatings, Inc., has submitted a list of other similar tank repainting projects performed (see attached copy of "Experience Questionnaire" and reference notes), and we have contacted several of the references listed. Most of the references said that this contractor does good work, but it is desirable to have qualified inspection personnel on the job to assure compliance with the project specifications. In the absence of any negative reports concerning this contractor, we would recommend award of the project to Champion Coatings, Inc., P.O. Box 905, Lakeville, Minnesota 55044-0905, in the total amount of $375,600.00, for a period of 90 Calendar Days. We will be available at the December 10, 2001, Council meeting to assist you with answers to any questions which the Council may have concerning this project. ~~t·. RWA/ra/Bids.doc Cc: Mr. Larry Cunningham, NRH City Manager Mr. Steve Norwood, NRH Assistant City Manager Mr. David Smyth, Public Works Superintendent/Utilities Page 2 ,. ~, CITY OF NORTH RICH LAND HILLS Department: Planning & Inspections Department Council Meeting Date: 12/10/01 Subject: Consider the request from Ernest Hedgecoth for the Agenda Number: PS 2001-29 Approval of a Final Plat of Lots 1-11, Block 1 & Lots 1-7 Block 2 Royal Oaks Addition located at the southwest corner of the intersection of Rumfield Road and Spring Oak Drive. CASE SUMMARY: Ernest Hedgcoth on behalf of the property owner has submitted a Final Plat for Royal Oaks Addition for approval. The purpose of this plat is to subdivide the site into 17 lots for single family residential development and 1 lot as park land dedication. The Preliminary Plat (ref. Oak Hills North, PS 2001-06) was approved by the Commission on 5/10/01. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and regulations. The plat complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the Public Works Department concerning this plat. Also attached is a letter from the applicant responding to these comments. Current Zoning: The site is currently zoned R2 Residential. Comprehensive Plan: The Plan indicates low density residential uses for the site. The proposed uses are consistent with this depiction. Right Of Way: No additional ROW is required for this development. Utilities: No issues concerning the extension of utilities to the site have been identified. Flood or Drainage: The site contains a small pond. No drainage issues, however, have been identified. Traffic/Access: No traffic or access issues have been identified. Tree Preservation: The southern half of the site exhibits some mature trees. No information has been provided to staff concerning the status of tree preservation/proposed landscaping. This information will be provided during the permit process. Parkland Dedication Fee: No fee is required due to the plat dedication of parkland. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - ~ .~~ Department Head Signature Account Number Sufficient Funds AvaIlable Finance Director PS 2001-29 Royal Oaks CC Page 1 of2 ","./".~,~ CITY OF NORTH RICHLAND HILLS RECOMMENDATION: The Planning and Zoning Commission at their meeting on November 20, 2001 recommend approval of PS 2001-29 by a vote of 7-0. To approve PS 2001-29 a Final Plat of Lots 1-11, Block 1 & Lots 1-7, Block 2 Royal Oaks Addition. CITY COUNCIL ACTION ITEM Page 2 of 2 63!1 IBe TR IBA3 TR IBAS 1. øq AC ; .\ III. :i> ~ TR 18A ·2.52 AC 27<1 II(; TAl 1 . 6926 . = TR lK 1 . øø AC .------ -- TA 18A9 Q a: I- ---------. 8 9R lØR 7 8 HIALEAH CIn 3: 0:::' 4 u CIR 5 TR 15A38 no 18 7 19 8988 6 .,.. 16 11 TR 15A5 ::: 15.753 AC ~ z.. TR 15A3A 55 ~ 2.0 AC .- ¡ ìIi OSoN ...- ARy (66 _.. nl.. t TR15A3 4.1919 AC TR 15M 5.0 AC ~72 ,. - g ,... ,... ,... . TR 183 4.996 AC j -;¡, CD 3 a: I- 2 ,. ,. 14 2R ~ 3R ~ !R 71 14 1. 158 III PS 2001-29 Final Plat of Lots 1-11, Block 1 & Lots 1-7, Block 2 Royal Oaks Addition 5.76 acres TR 1 3.662 AC 4 . . . ERNEST HEDGCOTH Consulting Engineers. Inc. PLANNING · DESIGN · ENGINEERING November 14,2001 Dave Green, Planner City of North Richland Hills Ref: Royal Oaks Addition, Block 1, Lots 1-11 Block 2, Lots 1-7 Final Plat PS2001-29 Dear Mr. Green; Attached are twenty copies of the revised final plat for the Royal Oaks Addition. The plat has been revised according to the November 13,2001 1Ì"om Public Works, which I received November 14,2001. The following revisions have been made to the plat: 1. RIGHT-OF-WAY: The right-of-way for Spring Oak Drive along the east side of this addition is 60 feet according to the deed recorded in Volume 12311, Page 2256, Tarrant County Deed Records. (A copy is attached) 2. METES AND BOUNDS DESCRIPTION: The chord bearing has been corrected. 3. èURVE DATA: The chord and chord bearing have been added to the curve table. 4. OFF SITE EASEMENTS: Easements on the adjacent properties have been shown. 5. VISIBILITY EASEMENTS: A lO-foot utility, visibility, and sidewalk easement has been added to Lot 7, Block 2, at the intersection ofRumfield and Spring Oak. The easement on Lot 4, Block 2 has been revised to 15' xiS'. 6. PROPOSED SANITARY SEWER EASEMENT: The off site easement is recorded in Volume 15220, Page 246, Tarrant County Deed Records. (A copy is attached) 7. EASEMENT LABELS: The existing 15' water line easement has been labeled "IS Water Line Easement". 8. GRADING EASEMENT: TXU has agreed to granting permission to grade over their easement. A copy of the easement document was furnished to Public Works October 24, 2001. The document requires the City to sign the easement. (A copy is attached) 5701-C Midway Road Fort Worth, Texas 76117 817-831-7711 . . . 9. LOT DIMENSIONING: The overall dimension for Lot 7, Block 2 has been added. 10. BUILDING SETBACK LINE: The side building lines have been added to Lot 1, Block2 and Lot 11, BlockI. Based on our conversation November 14,2001, this plat will be on the next November, 2001, Planning & Zoning meeting. If you need any additional information please contact me. Thank you for your cooperation in approving this plat for Planning & Zoning. Sincerely ~~ cc As stated above . . . NI~H . ,~' J ~-, '"'- ·:....,~!¡-r>r::stratìon CIT\' F ~\CR~H RICHL Ä \-nL· ; rH, . ILT ç:, ...L ....J.. -j ,".. .L_~' August 21,2001 MEMO TO: Dave Green, Planner FROM: Mike Walker, P.E., Assistant Public Works Director . SUBJECT: ROYAL OAKS ADDITION; Block 1, Lots 1-11 & Block 2, Lots 1-7; Final Plat, PS2001.e& 2'ì Public Works has reviewed the plat and construction plans submitted to this office on July 27, 2001. We offer the following comments. DUE TO THE SIGNIFICANCE OF ITEMS #1 THROUGH #5, PUBLIC WORKS DOES NOT FEEL THIS PLAT IS READY FOR P & Z CONSIDERATION. 1. EASEMENTS All public improvements need to be contained in a utility, water, sanitary sewer or storm drain easement. A minimum distance of 5'-0" from the outside edge of the structure and 7.5 feet from the centerline is required. Easements on the adjacent properties need to be shown on the plat. It appears additional easements will need to be included on the plat. Portions of the storm drain improvements are shown to be located on a TXU easement. A drainage easement will need to be dedicated and written permission from TXU will need to be obtained. 2. CORNER CLIP EASEMENTS A 10-foot utility, visibility and sidewalk easement needs to be dedicated at the intersection of Rumfield Road and Spring Oak Drive. 3. OFF-SITE EASEMENTS A copy of the metes and bounds description and exhibit for the off site sanitary sewer easement is required with the final plat submittal. The signed easement will need to be obtained prior to the final plat being forwarded to P & Z for consideration. 4. GRADING EASEMENT Grading is proposed within the TXU Electric easement on the development. A letter of permission must be obtained from TXU before the plat can be approved by Public Works. 5. DRAINAGE ANALYSIS The drainage area map submitted does not depict the entire upstream drainage area. Some street and storm sewer improvements in this area have not been shown. The contours provided do not match existing topography. D 3,-~,< ,~:¿!JHO~J ... \j r'" hi;:'": ~I; -e:\d::i -. ---";3:82-0()()~:1 ~'3U \J:~rT¡1 ,-1:Jcç~L>_.'" .-)17-,~¿-:-;)...:n(j ... ;::Ä,\ 3:7-.l2¡-r3.lC~ . . . Royal Oaks Addition Block 1, Lots 1-11 & Block 2, Lots 1-7 Page 2 of 2 August 21,2001 6. RIGHT OF WAY (ROW) Sufficient iron pins need to be located or set and shown on the plat to describe the north right of way of Rumfield Road and the east right of way of Spring Oak Drive. 7. GPS MONUMENTS Two property corners on a plat are required to be tied to the Texas State Plane Coordinate System. The City maintains a network of GPS monuments, located throughout the City, that surveyors can reference. While coordinates for two property corners have been given, the GPS monument needs to be described and its coordinates noted on the plat. 8. ADJACENT PROPERTY The property to the west of the development has not been drawn correctly according to the TAD maps. 9. LOT DIMENSIONS Lot dimensions at the development boundaries do not equal the overall distance as shown on the plat. This memo should be used in conjunction with the marked up plat and plans and the separate letter addressed to the engineer outlining items specific to the Civil Construction plans. ~~ Mike Walker, P.E. Assistant Public Works Director JUdmg/pwm2001-114 cc: Mike Curtis, P. E., Public Works Director . . . MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 20,2001 AT 7:00 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:05 p.m. 2. ROLL CALL PRESENT Chairman Don Bowen George Tucker Doug Blue Ted Nehring James Laubacher Scott Turnage, Jr. Don Pultz Tim Welch Alternate Absent CITY STAFF Asst. Director of Public Works Zoning Administrator Recording Secretary Mike Walker Cathy Horton Kellie Smith 3. CONSIDERATION OF MINUTES OF NOVEMBER 8, 2001 APPROVED Doug Blue, seconded by Scott Turnage, motioned to approve the minutes of November 8,2001. The motion was approved 7-0 unanimously. 4. PS 2001-29 CONSIDERATION OF A REQUEST BY ERNEST HEDGCOTH REPRESENTING THE PROPERTY OWNERS FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1-11, BLOCK 1 & LOTS 1-7, BLOCK 2, ROYAL OAKS ADDITION AT THE SOUTHWEST Page 1 11/20/01 P & Z Minutes . . . CORNER OF THE INTERSECTION OF RUM FIELD ROAD AND SPRING OAK DRIVE. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this site is currently zoned for R2 residential. The preliminary plat was approved in May '2001. There are no issues concerning the extension of utilities. The site contains a small pond. Information concerning the status of landscaping will be provided during the permit process. Staff recommends approval of the final plat. . Ted Nehring, seconded by Don Pultz, motioned to approve PS 2001-29. The motion was approved 7-0 unanimously. 5. PS 2001-37 CONSIDERA TION OF A REQUEST BY REBEL PROPERTIES III, LTD. FOR THE APPROVAL OF THE PRELIMINARY PLAT OF GLENWYCK VILLAS ADDITION LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE. APPROVED Zoning Administrator Cathy Horton summarized the case stating that this property is zoned PD Single Family residence with different lot sizes. The long portion of the frontage is 50' x 110' depth. It is being platted and has gone through the development review and keeps with the Comprehensive Plan. There are no drainage or transportation issues. Parkland dedication fees will be due. Staff recommends approval of the final plat. Chairman Don Bowen asked the applicant if there is a detention pond? Mark Howe, 1845 Precinct Line Road, representing the applicant stated that there is a detention pond and also a 16" gas line that serves Lone Star gas meter station on Glenview. Doug Blue, seconded by James Laubaucher, motioned to approve PS 2001-37. The motion was approved 7-0- unanimously. 6. PS 2001-42 CONSIDERA TION OF A REQUEST BY MICHAEL CLARK REPRESENTING WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT Page 2 11/20/01 P & Z Minutes , .... ..-' CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 12/1 0/01 Subject: Public hearing to consider a request from the Birdville Agenda Number: PZ 2001-30 Independent School District for a zoning change on two tracts of land located in John C. Yates Survey, Abstract No. 1753. Tract NO.1 (10.67 acres) from C-1 Retail to U Institutional and Tract No. 2 (1.87 acres) from C-1 Retail to L-1 Light Industrial Ordinance no. 2588 CASE SUMMARY: The Birdville Independent School District is requesting the rezoning of two tracts of land south of Mid-Cities Boulevard and west of Dick Fisher Drive. Tract No. 1 contains 10.67 acres and will be utilized as a future school campus site. The requested zoning on this site is from C-1 Retail to U Institutional. Tract NO.2 (south of Tract No.1) contains 1.87 acres and is proposed as a location of a temporary batch plant site to serve the Rufe Snow reconstruction and expansion project. The applicant is requesting 1-1 Light Industrial zoning for this site and is also requesting an SUP for the batch plant (ref. PZ 2001-33 also on this agenda). Comprehensive Plan - The Comprehensive Plan recommends institutional uses for both tracts. The proposed school site for Tract NO.1 is consistent with this depiction. The proposed 1-1 Light Industrial zoning is not consistent with the Plan. However, as mentioned above, this request is being made in conjunction with a SUP request for a temporary concrete batch plant (not to exceed 24 months) also on this agenda (ref PZ 2001-33). Zoning/Land Use - Both tracts are currently zoned C-1 Retail and are vacant. Tract No.1 (C-1 to U) North: East: South: West: C-1Nacant U/City facilities C-1Nacant (Tract No.2) R-7-MFNacant Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other . _ ~ ~Q~~ Account Number Sufficient Funds Available Finance Director . Department Head Signature ~M~ PZ 2001-30 CC sum. . . CITY OF NORTH RICHLAND HILLS Tract No.2 (C-1 to L 1) North: East: South: West: C-1/vacant (Tract No.1) U/City facilities 1-2/DART, Kimberly Clark R-7-MFNacant RECOMMENDATION: The Planning and Zoning Commission met on Tuesday, November 20, 2001 and voted 7 toO to recommend approval of this request. The City Attorney has advised staff that the ordinance can stipulate that the Industrial zoning could be required to be converted upon the completion of the SUP for the batch plant permit. The ordinance states that the L 1 Light Industrial tract shall convert to the "U" Institutional Zoning District on March 1, 2004. If the Council determines that this zoning is acceptable, the following motion is recommended: Approval of PZ 2001-30 and Ordinance No. 2588. PZ 2001-30 CC sum. I . I . I . I. I. I. I. I. I. GLENWOOo OR 54]' 46 45' 5. 6. 7. 10. II. 12. 13 14. 15. . ] - . 37 39 - 32· 31· 30· 2"1 29· 21· 20 1"1· 18 17 3"1 41'1 41 ~. .. Mid-Cities Boulevard 1 2'· ~ 0: 1.1IJ< 6~G x TR IA3 1~~¿6~ 2.45 AC DR N ~ 1 TR 4 21.85 a . Fire Station No.4 TR lA2 45.157 a DICK FISHER OR S A-- o > --' m PZ 2001- 30 Request for Rezoning o \-I. N. r" RIAL- DUST IN pAf Tract No. 1 From "C-1" Retail to "U" Institutional 10.67 Acres Tract NO.2 From "C-1" Retail to "1-1" Light Industrial 1.87 Acres ,) l!~'- NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION . CASE #: PZ 2000-30 A 10.67 acre tract (Tract No.1) and a 1.87 acre tract (Tract No.2) out of the John C. Yates Survey, Abstract No.1753 (See attached map). You are receiving this notice because you are a property owner of record within 200 feet of the above property. PurDose of Public Hearina: The public hearing is being held to consider a request from the Birdville Independent School District for a zoning change on two tracts of land. Tract No.1 from C-1 Retail to U Institutional and Tract NO.2 from C-1 Retail to I-I Light Industrial. . Public Hearina Schedule: Public Hearing Dates: Time: PLANNING AND ZONING COMMISSION TUESDAY, NOVEMBER 20, 2001 CITY COUNCIL MONDAY, DECEMBER 10, 2001 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: . Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . CASE #: PZ 2001-30 Zoning Change BISD The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. 7201 Industrial Park Boulevard NRH Industrial Park Addition Block 1, Lot 5R1 Tecnollnc. PO Box 349 Neenah, WI 54957-0349 Mid-Cities Blvd Yates, John C. Survey Abstract 1753, Tract 1A02A Birdville, ISD 6125 E Belknap Street Fort Worth, Texas 76117-4204 Rufe Snow Drive Yates, John C Survey Abstract 1753, Tract 1A02 Service King Paint & Body Inc. 808 South Central Expressway Richardson, Texas 75080-7413 7124 Mid-Cities Blvd Antinone Addition Block 1, Lot 1 Denson, Dennis R Etux Lisa G 7620 Douglas Lane Fort Worth, Texas 76180 7100 Mid-Cities Blvd Antinone Addition Block 1, Lot 2 Denson, Dennis R Etux Lisa G 8751 Hightower Drive North Richland Hills, Texas 76180 . 7201 Dick Fisher Drive North Civic Centre Addition Block 1, Lot 1R North Rich/and Hills, City of 7301 NE Loop 820 North Richland Hills, Texas 76180 . . . . variances. Some are mandated because the site is built. Here is the list of the variances being requested: 1.) A 9' rear building setback instead of the 35' required along the west side of Building A and the north side of Building B. (1 Variance) To bring this in compliance, this would be required for a new development. 2.) Waive the required 15' landscape buffer and 6' masonry screening wall requirement along the west and north property boundaries in favor of the 6' wood fence. Waive the requirement for 1 tree (within the parking area) per every 20 parking spaces. (3 variances). .3.) Waive the requirement of 35 parking spaces for the existing uses in favor of the 24 existing spaces. (1 Variance). 4.) Waive the requirement for masonry screening of the dumpster location. (1 Variance). 5.) The note on the canopy elevation stating "For Bid only - not to be used for construction or permit" should be removed. Cathy states that should the commission approve to please remove this note. Chairman Don Bowen opens the public hearing and asked Mr. Ross a question regarding the canopy being moved back. Chester Ross, 3437 Wendell Dr. representing this request stated they can certainly move it back if required by zoning purposes. He states that he has been on vacation. He also comments he didn't realize he needed the landscape drawings that he brought last time to the meeting of November 20,2001. Chairman Don Bowen closed the public hearing. George Tucker, seconded by Ted Nehring, motioned to deny PZ 2001-19 due to too many variances for this particular site. The motioned carried (5-2-0) with Chairman Don Bowen and Scott Turnage voting in opposition. 8. PS 2001-30 PUBLIC HEARING TO CONSIDER A REQUEST FROM BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR ZONING CHANGES ON TWO TRACTS OF LAND LOCATED IN THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753. TRACT NO.1 (10.67 ACRES) FROM C-1 RETAIL TO U INSTITUTIONAL AND TRACT NO.2 (1.87 ACRES) FROM C-1 Retail to 1-1 LIGHT INDUSTRIAL. APPROVED Page 4 11/20/01 P & Z Minutes . . . Zoning Administrator Cathy Horton summarized the case by stating that BISD is requesting rezoning of two tracts of land, Tract NO.1 from C - 1 Retail to U Institutional, and Tract No.2, I - 1 light industrial zoning with an SUP for the batch plant. Chairman Don Bowen opened the public hearing. David Brewer, the Superintendent of BISD, located at 6125 E. Belknap speaks in favor of this request. He states that he needs the zoning change for the proposal of two elementary schools due to the school district growth. Chairman Don Bowen closed the public hearing. Doug Blue, seconded by Don Pultz, motioned to approve PZ 2001-30. The motion carried unanimously 7-0. 9. PZ 2001-33 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT (SUP) REQUEST BY J.L. STEEL, L.P. FOR A TEMPORARY CONCRETE BATCH PLANT OPERATION NOT TO EXCEED 24 MONTHS ON 1.87 ACRES OUT OF THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this (SUP) not to exceed 24 months in operation. The batch plant will serve the Rufe snow reconstruction and expansion project. The applicant must have approval of this operation from the Texas Natural Resource Conservation Commission. An application has been forwarded to the TNRCC office for approval. Cathy also states that the Temporary use is from February 2002-February 2004. The primary hours of operation are Monday through Friday 7 a.m. - 5 p.m. And the fire marshall shall have the right to require watering or closing the plant to eliminate dust. Chairman Don Bowen opened the public hearing. Pat Pace, P.O. Box 1910, Roanoke, TX 76063, works for J.L. Steele. Spoke in favor of PZ 2001-33. George Tucker asked Mr. Pace where they would dispose of the waist? Mr. Pace answered with hauling it to a disposal site. Chairman Don Bowen closed the public hearing. Page 5 11/20/01 P & Z Minutes . Bob E. Griggs, Ed.D. Superintendent . . ~ Birdville Independent School District 6125 East Belknap. Haltom City, Texas 76117-4296 . 817-547;5700 . Fax 817-838-7261 . www.birdville.k12.tx.us It is... October 12, 2001. And Birdville ISD is... Influencing History Today! ¡ DJu-ï-~-'PI- R. n WI f~ ~ 'w ", O~T ~ ~ ;.S & Mr. John Pitstick City of North Richland Hills Planning and Zoning 7301 N.E. Loop 820 North Richland Hills, Texas 76180 PLANNING & INSPECTIONS RE: Request for Zoning Changes - BISD 14.63 Acre Tract Mid-Cities Boulevard & W. Municipal Drive North Richland Hills, TX Dear Mr. Pitstick: Birdville Ind. School District is the present owner of 14.63 acres west of the city complex on Mid-Cities Boulevard. Weare requesting a zoning change on our property as described above located at Mid-Cities Boulevard and W. Municipal Drive. Please reference the attached site plan designating the property into three sections and the accompanying site survey/zoning exhibit for these three sections. Currently the entire property is zoned (C-l) for commercial land use. Birdville ISD is requesting the following zone modifications as referenced on the enclosed site plan: Area I - This area is presently zoned (C-l) commercial. BISD proposes no change to the present zoning status. Area II - This area is presently zoned (C-l) commercial. BISD proposes to change the present zoning status to (U) institutional to facilitate a future elementary school. Area III - This area is presently zoned (C-l) commercial. BISD proposes to change the present zoning status to (1) industrial to accommodate a request from J.L. Steel, L.P. to obtain a special use pennit for a temporary concrete batch plant as outlined below. The Birdville ISO has an agreement with J.L. Steel, L.P. for temporary use ofthe property designated as Area III on the attached site plan for their use as a mobile concrete batch plant facility. The duration this property will be used in this manner will not exceed twenty-four (24) months, and the property is tentatively scheduled to be occupied in February 2002. The Birdville ISD acknowledges that a special -.. . temporary use pennit will have to be obtained by J.L. Steel, L.P. modifying the present or proposed zoning status to industrial. It should be noted that our agreement with J.L. Steel requires site restoration and environmental testing to ensure the property is vacated in an equal or better condition at the end of the 24 month land usage. It is our intention to request a zoning change from (I) industrial to (U) institutional on Area III once the batch plant is removed from the property. This area will be incorporated into the elementary school site. Please feel free to contact us at 817-547- 5700 if we can be of assistance. Sincerely, ß1! Bob E. Griggs Superintendent c T. Oscar Trevino, Jr., P.E. J. L. Steel . attachments: Site Plan, Survey . . . . ORDINANCE NO. 2588 AN ORDINANCE REZONING TWO TRACTS OF LAND LOCATED IN THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753. TRACT NO.1 (10.67 ACRES) FROM C-1 COMMERCIAL TO U INSTITUTIONAL AND TRACT NO. 2 (1.87 ACRES) FROM C-1 COMMERCIAL TO LI LIGHT INDUSTRIAL IN ACCORDANCE WITH THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Zoning Ordinance and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2001-30, the following described tracts as shown on Exhibit "A" shall be rezoned: Tract NO.1 containing 10.67 acres of land from C-1 Commercial to U institutional. Tract NO.2 containing 1.87 acres of land from C-1 Commercial to L 1 light industrial until March 1 2004, at which time the zoning shall convert to the "U" Institutional Zoning District. 2. THAT, the Official Zoning Map be redrawn to incorporate these zoning district boundary amendments and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 2588 Page lof2 . . . 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF DECEMBER 2001. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2588 Page 2 of2 ~ . . CITY OF NORTH RICH LAND HILLS Department: Planning & Inspections Department Council Meeting Date: 12/1 0/01 Subject: Public hearing to consider a Special Use Permit (SUP) Agenda Number: PZ 2001-33 request from J. L. Steel, L. P. for a temporary concrete batch plant not to exceed 24 months. The site contains 1.87 acres and is located south of Mid-Cities Boulevard, west of Dick Fisher Drive and north of the DART rail line. Ordinance no. 2589 CASE SUMMARY: J.L. Steel, L. P. acting on behalf of the property owner, Birdville Independent School District, is requesting approval of a Special Use Permit (SUP) for a temporary concrete batch plant not to exceed 24 months in operation. The batch plant will serve the Rufe Snow reconstruction and expansion project. Approval of this request is contingent upon the approval of PZ 2001-30 request for industrial zoning of this tract. The applicant must also have approval of this operation from the Texas Natural Resource Conservation Commission. An application (attached) has been forwarded to the TNRCC office for approval. The following outlines the proposed site of the plant. Access: Access to the site will be provided by an extension of Dick Fisher Drive to the site. Site Features: A 6' chain link fence and security gate surrounds the exterior of the site. The site plan notes location of 2 office trailers along with stockpile of materials and production facilities. Utilities: Water service to the site will be provided by an extension from an existing offsite water line. The line will terminate with a fire hydrant inside the plant fence. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds Available .~,Q~ ø Department Head Signature . Finance Director 'dMv~~~ / Manager Si·· a e PZ 2001-33 CC sum. · CITY OF NORTH RICHLAND HILLS General Notes: The following notes concerning the plants operation are included on the site plan. · Temporary Use, February 2002-February 2004 · Primary Hours of Operation, Monday thru Friday 7 a.m. to 5 p.m. · The Fire Marshall shall have the right to require watering or closing the plant to eliminate dust. Zoning/Land Use - The site is currently zoned C-1 (pending rezoning as requested in PZ 2001-30) and is vacant. North: East: South: West: C-1Nacant U/City facilities 1-2/DART, Kimberly Clark R-7-MFNacant RECOMMENDA TION: The Planning and Zoning Commission met on Tuesday, November 20, 2001 and voted 7 to 0 to recommend approval of this request. If the Council determines that this zoning is acceptable, the following motion is recommended: Approval of PZ 2001-33 and Ordinance No. 2589. PZ 2001-33 CC sum. " I· I . I . I. I. I. I. I. I. GLENWOOD DR 3 4 5 ~15 14 .13 4 . 5. 6. 11. 12. 13 14. 15. 16· 21· 211 Iq· 18 17e 38 32· 31· 311· 2q 28· 3q 411 ~7' 46 45' 41 ~, .. Mid-Cities Boulevard ~ ¡ TR IA3 2.45 AC TR IA2 IA4A ~ DICK FISHER OR N ""' TR 4 21.85 . TR 142A 14.8941 AC 0: lu :1: UJ "- >< U o Fire Station No.4 TR IA2 45.157 a DICK FISHER DR S ~-- Q H, N,r" p10L- OUSI IN p0P¡( 0 > -.J CD -.J 0 Z :r: u w >- TRACT ~ 18.74 1 5R1 35.05 a PZ 2001- 33 Special Use Permit Request For Concrete Batch Plant TRACT 482 ., . NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2001-33 1.87 acre tract out of the John C. Yates Survey, Abstract No. 1753 (see attached map) You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: The public hearing is being held to consider a Special Use Permit (SUP) request from J. L. Steel, L. P. for a temporary concrete batch plant operation not to exceed 24 months. Public Hearina Schedule: Public Hearing Dates: Location: PLANNING AND ZONING COMMISSION TUESDAY, NOVEMBER 20, 2001 CITY COUNCIL MONDAY, DECEMBER 10, 2001 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS . Time: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . . CASE #: PZ 2001-33 SUP for Concrete Batch Plant The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. 7201 Industrial Park Boulevard NRH Industrial Park Addition Block 1, Lot 5R1 Tecnollnc. PO Box 349 Neenah, VVI 54957-0349 Mid-Cities Blvd Yates, John C. Survey Abstract 1753, Tract 1A02A Birdville, ISO 6125 E Belknap Street Fort VVorth, Texas 76117-4204 Rufe Snow Drive Yates, John C Survey Abstract 1753, Tract 1A02 Service King Paint & Body Inc. 808 South Central Expressway Richardson, Texas 75080-7413 . . .,..... :. . ....' - l~ .- ~ .-.. . '. .,. .... wi' ~. ,- -.~.~. , ~ . .. -.- . - . '., '.:_'f"' ..,:_ :?'".::..:..: 1Vestward Environmelltal, Inc. P.o. 168392 Irving, Texas 75016 . Mr. Richard Hyde TNRCC - Office of Air Quality New Source Review-Mechanical Section P.O. Box 13087 Austin, Texas 78711 10/4/2001 Re: JL Steel,-LP Application for Standard Permit for a Concrete Batch Plant North Richland HiHs, Tarrant County Dear Mr. Hyde, We are submitting this application for a Standard Permit for a Temporary Concrete Batch Plant for the above referenced facility. We have attached a PI-IS-CBP, associated tables and checklist, site plans and maps as we 11 as emissions calculations. If you or your staff have any questions, please feel ftee to contact me at (972) 488-2001 or fax me at (972) 488-3905 . . Sincerely ~vironmenta Rick Mathews Vice President v:f?'Steel Mr. Tony Walker - TNRCC Region 4 Tarrant County Courthouse WEI Corporate 10201-05 . Phone: 97:.488-2001 Ftu: ,971·488-3905 - ' . TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY STANDARD PERMIT REGISTRATION for CONCRETE BATCH PLANTS FORM PI-IS-CBP Please print or type all information. This form is for use by Concrete Batch Plants ONL Y All other air quarty t d d permit registrations should use Form PI-IS. Please contact the Mechanical/Combustion Section of the ~.:;n ar: Division with any questions at (512) 239-! 250 or Fax (512) ~3?-1300. Written inquiries may be addressed~o: e;~~; Natural Resource ConservatIon ~ommlsslon, Office of Pern:zttzng,. Remediation, & Registration. Air Permits Division (MC-162), P. O. Box 13087, Austm TX 78711-3087. The regIstrant IS encouraged to use an administrative completeness checklist. available on request, to assist in providing the required information. _ Forward application and supporting documentation to TNRCC, Air Permits Division (MC-162) P.O. Box 13087, Austin, TX 78711-3087; Forward any fees and a copy of this form onlv to Cashier, TNRCC, P.O. Box 13088, Austin, TX 78711-3088. For agency use only: I. VERY IMPORTANT INFORMATION A. Is CONFIDENTIAL infonnation part of this registration? 0 YES X NO If "YES", is each confidential page so marked in big red letters? 0 YES 0 NO B. Is this registration in response to, or related in any way to, a Notice of Violation (NO V) at this location? o YES X NO If "YES", date of NO V: and the specific TNRCC rule(s) violated: C. Are the new facilities or changes to existing facilities represented in this registration required to be pennitted as a disposal facility under the Taxes Solid Waste Disposal Act? 0 YES X NO D. Does this action result in the registration of any grandfathered facilities? 0 YES X NO II. REGISTRANT INFORMATION . A. PERMITTEE: J.L Steel, LP (Entity legally responsible for permit; i. e., Owner or Operator of the facility) Individual Authorized to Act for Registrant: Name: Tim McOueary Title: Proi. Engineer Texas State Comptroller's Tax ill No.: 752274727 Mailing Address: P.O. Box 1910 Roanoke. Texas 76262 Telephone: (..ßlL) -ºº--- 2410 ext 233 Fax: (..ID.l.) -ill.- 3831 Technical Contact and Designee for Public Notice Period Questions: Rick Mathews Environmental Consultant Westward Environmental. Inc P.O. Box 168392 Irving. Texas 65016 Telephone: ( 972 ) 488 - 2001 Fax' 97 4 B. TYPE OF FACILITY: (check one): 0 Pennanent (Central or Ready Mix) X Portable Ready Mix 0 Pennanent SpecÜlIty Name of Facility and Company's Facility No.: Portable Plant #2 TNRCC Account ill No. (if known}: _- Previous Exemption, Pennit-by-Rule or Penn it No.: C. PHYSICAL LOCATION OF FACILITY: Street Address or Description of Location: S of the Intersection of Municipal Drive West and MuniciDal Drive South in North Richland Hills adiacent to the rail (A physical address or accurate driving directions !!lYE. be provided 011 all registratiolls.) Nearest City: North Richland Hills County: Tarrant Site Zip Code: 76180 o ?'" l' "W . i 1 , r III. PUBLIC NOTIFICATION INFORlVIATlON Contiguous or adjacent to Public Works Project? X YES 0 NO Total number of employees of the company requesting this application: > 1 00 Please list the location (public place in the county where the facilities are/will be located) where you are planning to place a copy of the application for public review and copying during the public comment period: Tarrant Co un Courthouse 100 W. Weatherford Ft Worth Texas 76196 Please furnish the names of the state legislators who represent the area where the facility site is located: 'V' i . TNRCC FORM PI-/S-CBP. AIR QUALITY ST./NDARD PERMIT REGISTRATION FOR CONCRETE BATCH PLANT TNRCC 10250 (Rcv. 11-1'4-00) '. PI-ISC8P Standard Pcrmit Rcgistration Form - These forms arc for usc by sourccs subjcct to thc New Sourcc Revlcw Program and are subJcct to . Pal!:e I 0 f 4 rcvision. I p:/dsslformslnsrforms/pl-ls-cbp.wpd .. E and FRANCHISE TAX INFORMATION: . A fee of $450 is attached. X YES 0 NO If no, explain why: A permit fee is required if public notice must be performed. Please forward the fee and a copy of this fonn to: Cashier, TNRCC, P.O. Box 13088, Austin, TX 78711 · A copy of a Certificate of Good Standing from the State Comptroller's Office is attached.O YES X NO If no, explain why: The company is a limited partnership If the permittee is a corporation, a certification is . V. SUBMIT THE FOLLOWING GENERAL INFORMATION: A. A current area map is attached. X YES 0 NO A current area map is required for all standard permit registrations. This map mlist show a true north arrow, the entire plant property, and the location of the property relative to prominent geographical features such as highways, roads, streams, and significant landmark such as buildings. residences, and schools. All areas within one mile of any plant boundary must appear on this map. B. A plot plan is attached. X YES 0 NO A plot plan is required for all standard permit registrations. The plot plan must show the plant proper(v and clearly show all property IÙ/ès, affected emission points, buildings, tanks, process vessels, and other process equipment. The plot plan must have a scale, must indicate a true north arrow, must reference a plant bench mark, and must be dated. C. A process description is attached. X YES 0 NO If NO, explain why: A process description and process flow diagram should be submitted for all registrations and must include a description of the project and related processes, and a description of any equipment being installed. The description must be in sufficient detail to indicate that the facility will conform to the specified conditions of the standard permit. If alternative fencing or borders are proposed in liell of distance setbacks for stockpiles and roads, these design specijìcs must be included. . DSb'hf¡JI d tel d' fì d th b . f u mlt t e 0 owmg emISSIOns aa mc u 109 Ugl Ive emISSIOns an e aS1S 0 emISSIOns es Ima es: Emission Name of Source Emission Rate of Each Air Contaminant Point Ib/hr tons/yr Number Total Particulate Total Particulate Suspended Matter Suspended Matter Particulate < 10 microns Particulate < 10 microns (PM) (P 1Y[, n) (PM) (PM,n) see attached calculations . TNRCC FO/?frf Pf-I S-CBP. AIR QUALITY STANDARD PERMIT REGISTRA nON FOR CONCRETE BA TCH PLANT TNRCC 10250 (Rev. 11-14-00) '. PI-ISCBP Standard Permit Registration Form - These forms are for use by sources subject to the New Source Renew Pro~ram and are 'lIhJecI 10 . Pal:e 2 of 4 revision. I p:/dsslformslnsrformslpl-ls-cbp.wpdl .._-~._----- ---------.. GENERAL REQUIREMENTS: Submit itemized information and/or analysis demonstrating that all applicable general requirements as specified in TNRCC Rules - attach additional illformation as necessary to justify the following allswers. . Please note: Atmospheric dispersion modeling will not be required as part of the air quality impact analysis. N/A § 116.610(a)(I) - Not applicable o YES X NO 0 N/A § 116.610(a)(2) - The construction or operation of the permitted sources will commence prior to the effective date of a revision of this standard permit under which the project would no longer meet the requirements for the standard permi t N/A § 116.610(a)(3) - The proposed project will comply with applicable provisions of federal New Source Performance Standards (NSPS) X YES 0 NO 0 N/A § 116.610(a)(4) - The proposed project complies with applicable provisions of Federal Clean Air Act (FCAA) § 112 (Hazardous Air Pollutants) under Title 40 Code of Federal Regulations Part 61 (40 CFR Part 61). X YES 0 NO 0 N/A § 116.610(a)(5) - The proposed project complies with applicable Maximum Achievable Control Technology (MACT) standards under FCAA 40 CFR Part 63. X YES 0 NO 0 N/A § 116.610(b) - The proposed project does not constitute a new major source or major modification for Prevention of Significant Deterioration (PSD) or nonattainment permits X YES 0 NO 0 N/ A § 116.61 O( c) - The proposed project does not circumvent by artificial limitations the requirements of 30 T AC § 116.610 . VII. A COpy OF THIS REGISTRA nON and all attachments must be sent by the registrant to : A. Appropriate TNRCC Regional Office (City): DFW Re!!Ïon 4 B. Local Programs: 1. 2. o NO LOCAL PROGRAIv[S . VIII. PROFESSIONAL ENGINEER SEAL: Is the estimated capital cost of this project greater than $2 million dollars? 0 YES X NO If YES, registration must be submilted under seal of a Texas Licensed Professional Engineer, ulIless exemption is claimed pursuant to the Texas Engineering Practice Act (TEPA). o Exemption from this P.E. seal requirement is claimed pursuant to TEPA Section IX. I, Tim McQuearv Proiect Eneineer (Name - Please print or tJpe) (Title: Owner, Plant ¡!"tanager, President, Vice President, Environmental DireclOr. etc.) state that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. I further state that to the best of my knowledge and belief, the project for which registration is made will not in any way violate any provision of the Texas Health & Safety Code (THSC), Chapter 382, Texas Clean Air Act, as amended, or any of the rules and regulations of the Texas Natural Resource Conservation Commission adopted under Chapter 382 or any local governmental ordinance or resolution pursuant to the Texas Clean Air Act. I further state that I have read and understand Section 382.091, THSC, which defines CRTh1INAL OFFENSES for certain violations, including intentionally or knowingly making or causing to be made false material statements or representations in this registration, and Section 382.092, THSC, pertaining to CRllvlINAL PENALTIES. \ \£\ DATE:~SIGNATURE: ~^~~. ~. \J\6Ju-~ ~; ~GINAL SIGNATURE IN INIt IS REQUIRED. . TNRCC FORM PI-/S-CBP, AIR QWLlTY STANDARD PEfV,fIT REGISTRATION FOR CONCRETE BATCH PLANT TNRCC 10250 (Rev. 11-14-00) PI-ISCBP Standard Permit Registration Form - These forms are for use by sources suhject to the New Source Re,·iew l'rD ¡ram and arc suhject to . b Pa !e J of 4 revision. I p:/dss/formslnsrformslpl-ls-c p.wpd . -~, '-n'p.~.__""C ~::::.-..- · · · .. GENERAL REQUIREMENTS: Submit itemized informatio~ ~nd/o~ analysi~ demonstrating that all applicable general requirements as specified in TNRCC Rules - attach addltlOnall1lformatlOn as necessary to justify the following answers. Please note: Atmospheric dispersion modeling will not be required as part of the air quality impact analysis. N/A § I 16.610(a)(1) - Not applicable o YES X NO 0 N/A § I 16.61O(a)(2) - The construction or operation of the pennitted sources will commence prior to the effective date of a revision of this standard pennit under which the project would no longer meet the requirements for the standard penni t N/A § 116.610(a)(3) - The proposed project will comply with applicable provisions of federal New Source Perfonnance Standards (NSPS) X YES 0 NO 0 N/A § 116.610(a)(4) - The proposed project complies with applicable provisions of Federal Clean Air Act (FCAA) § 112 (Hazardous Air Pollutants) under Title 40 Code of Federal Regulations Part 61 (40 CFR Part 61). X YES 0 NO 0 N/A § 116.610(a)(5) - The proposed project complies with applicable Maximum Achievable Control Technology (MACT) standards under FCAA 40 CFR Part 63. X YES 0 NO 0 N/A § 116.61O(b) - The proposed project does not constitute a new major source or major modification for Prevention of Significant Deterioration (PSD) or non attainment pennits X YES 0 NO 0 N/A § 116.610(c) - The proposed project does not circumvent by artificial limitations the requirements of 30 T AC § 116.6 10 VII. A COPY OF THIS REGISTRA nON and all attachments must be sent by the registrant to : A. Appropriate TNRCC Regional Office (City): DFW Re2ion 4 B. Local Programs: I. 2. o NO LOCAL PROG RA1vIS VIII. PROFESSIONAL ENGINEER SEAL: Is the estimated capital cost of this project greater than $2 million dollars? 0 YES X NO If YES. registrationlllust be submitted under seal of a Texas Licensed Professional Engineer. unless exemption is claimed pursuant to the Texas Engineering Practice Act (TEPA). o Exemption from this P.E. seal requirement is claimed pursuant to TEPA Section IX. I, Tim McQuearv Proiect En2ineer (Name - Please print or I}pe) (TiLle: OWller. Plant ¡\.-tanager. Presidellt. Vice President, Environmental DireClor. elc.) state that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. I further state that to the best of my knowledge and belief, the project for which registration is made will not in any way violate any provision of the Texas Health & Safety Code (THSC), Chapter 382, Texas Clean Air Act, as amended, or any of the rules and regulations of the Texas Natural Resource Conservation Commission adopted under Chapter 382 or any local governmental ordinance or resolution pursuant to the Texas Clean Air Act. I further state that I have read and understand Section 382.091, THSC, which defines CRIMINAL OFFENSES for certain violations, includmg intentionally or knowingly making or causing to be made false material statements or representations in this registration, and Section 382.092, THSC, pertaining to CRIMINAL PENALTIES. \ LC\ DATE:J!ZJJQi.Q1__.sIGNATURE:~ W. \Ji6At.~ L. 1 OTE - OMGINAL SIGNA TURE IN INIl IS REQUIRED. TNRCC FORM PI-/S·CBP, AIR QUALITY STANDARD PERMIT REGISTIUTION FOR CONCRETE BATCH PLANT TNRCC 10250 (Rev. 11-14-00) PI-I SCBP Standard Permit Registration Form - These forms are for use by sources suhject to Ihe New SOl/ree Rt"'jew 'ro¡;ram and are ~l/hjecl to revision. I I:/dss/forms/nsrforms/ li-ls-cb l.w ld PaRe J of ~ · · · Zoning Administrator Cathy Horton summarized the case by stating that BISD is requesting rezoning of two tracts of land, Tract No. 1 from C - 1 Retail to U Institutional, and Tract No.2, I - 1 light industrial zoning with an SUP for the batch plant. Chairman Don Bowen opened the public hearing. David Brewer, the Superintendent of BISD, located at 6125 E. Belknap speaks in favor of this request. He states that he needs the zoning change for the proposal of two elementary schools due to the school district growth. . Chairman Don Bowen closed the public hearing. Doug Blue, seconded by Don Pultz, motioned to approve PZ 2001-30. The motion carried unanimously 7-0. 9. PZ 2001-33 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT (SUP) REQUEST BY J.L. STEEL, L.P. FOR A TEMPORARY CONCRETE BATCH PLANT OPERATION NOT TO EXCEED 24 MONTHS ON 1.87 ACRES OUT OF THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this (SUP) not to exceed 24 months in operation. The batch plant will serve the Rufe snow reconstruction and expansion project. The applicant must have approval of this operation from the Texas Natural Resource Conservation Commission. An application has been forwarded to the TNRCC office for approval. Cathy also states that the Temporary use is from February 2002-February 2004. The primary hours of operation are Monday through Friday 7 a.m. - 5 p.m. And the fire marshall shall have the right to require watering or closing the plant to eliminate dust. Chairman Don Bowen opened the public hearing. Pat Pace, P.O. Box 1910, Roanoke, TX 76063, works for J.L. Steele. Spoke in favor of PZ 2001-33. George Tucker asked Mr. Pace where they would dispose of the waist? Mr. Pace answered with hauling it to a disposal site. Chairman Don Bowen closed the public hearing. Page 5 11/20/01 P & Z Minutes · · · Doug Blue, seconded by Don Pultz, motioned to approve PZ 2001-33. The motion carried unanimously 7-0. 10. PZ 2001-34 PUBLIC HEARING TO CONSIDER THE FOLLOWING REVISIONS TO THE THOROUGHFARE PLAN; THE EXTENSION OF SHADY GROVE ROAD AS A TWO LANE UNDIVIDED, MINOR COLLECTOR STREET (C2U) DESIGNATION FROM IT'S EXISTING LOCATION IN A SOUTHERLY DIRECTION TO INTERESECT WITH NORTH TARRANT PARKWAY; THE EXTENSION OF BROWNING DRIVE AS A TWO LANE, UNDIVIDED, MINOR COLLECTOR STREET (C2U) DESIGNATION FROM IT'S EXISTING LOCATION IN A NORTHERLY DIRECTION TO CONNECT WtTH BROWNING COURT; AND REVISIONS TO THE STREET SYSTEM FOR THE HOME TOWN DEVELOPMENT AND SURROUNDING VICINITY WEST OF GRAPEVINE HIGHWAY SOUTH OF MID-CITIES BOULEVARD AND EAST OF DAVIS DRIVE. APROVED Zoning Administrator Cathy Horton summarized the case by stating that there are three city-initiated proposals. 1.) The extension of Shady Grove Rd. as a two lane, undivided, minor collector street (C2U) from its existing location in a southerly direction to intersect with North Tarrant Parkway. 2.) The extension of Browning Drive as a two lane undivided, minor collector street (C2U) designation from its location in a Northerly direction to connect with Browning Court, and 3.) Revisions to the street system for Home Town Development and the surrounding vicinity, generally located west of Grapevine Highway, south of Mid-Cities Boulevard and east of Davis Drive. A public meeting was held Tuesday, November 13th, to discuss these designation changes with the property owners who abutted the proposed changes. Staff recommended approval of the changes proposed for the Home Town and immediate vicinity. Staff is recommending denial of the proposal for Browning Drive as a result of changes to the proposed preliminary plat for this tract of property. Staff recommends denial of the Shady Grove Road extension until additional research can be accomplished. Cathy Horton states that we need a collector street for the Home Town Division. Chairman Don Bowen re-opened the public hearing. Mark Howe, spoke against the Thoroughfare request. He will resubmit on existing plat request that the culdesac be shortened and make one big lot. Their main objection to it being on the Thoroughfare plan is that it would restrict them, enabling them to be Page 6 11/20/01 P & Z Minutes · · · ORDINANCE NO. 2589 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT (SUP) TO ALLOW A TEMPORARY CONCRETE BATCH PLANT OPERATION NOT TO EXCEED 24 MONTHS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in case number PZ 2001-33, a Special Use Permit request for a temporary concrete batch plant operation not to exceed 24 months to be hereby authorized 2. THAT, development of this property shall be consistent with the site plan attached as Exhibit "A." 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. Ordinance No. 2589 Page 1 of 2 · · · 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 10TH DAY OF DECEMBER 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2589 Page 2 of 2 ·~--- .. . " ,~ .¡" .:,. .¡, I ., '. ... ... ... ... I' .... .... ... ... i 1ie. -I,.J e £~~ F iré":Stat ion ... .... .¡. .¡. I ! . .... ... .¡. I. .... .. Municipal S ... .¡. ... '" '" .... .... ... .... 'v ... .... .¡. ... ... .,. .~ '" .... 'V .... ... .~ ... ,~ , .¡, .¡. .... Pol - Station .¡. .¡,. ... ... 3= .¡, ... Ice ... .... '. .,. "" " .;.- ... 0 ... 0.. .~ .... ... ,- .~ -t- U - ~ '¥ J, c ~ ~ :2: ~\iæ. \-\'i'b~~7 ~ Ft' ~\J~s.. Veh i c I e Impound .....--/:. ~~ /' .--/ /' .' \ '7 - \ " ,. 'L .¡, .. ., ... ¡. .¡ · The Johnson-Ross UnlRover plants were designed for the concrete paving industry. The UniRover line provides the innova- tions that concrete paving contractors have demanded most; a truly self-erecting and portable concrete paving plant. The UniRover plant consists of a mobile plant and a mobile mixer sec- tion each designed to be positioned on reusable steel foundation pads and hydraulically raised into operating position no time. The Johnson-Ross UniRover plants have integrated cement and flyash storage silos and three (3) aggregate storage compartments to provide adequate storage to meet the high production demand allowed with the Johnson-Ross tilt drum mixer. Both the cement and aggregate accumulative weigh batchers exceed the CPMB capacities which allow for a wide range of mix designs at rated capacity. The Johnson-Ross tilt drum mixer can and has mixed a variety of materials including Roller Compacted Concrete (RCC), Cement Treated Base (CTB) and Zero Slump Concrete. These materials have allowed contractors using Johnson-Ross concrete paving plants to expand their markets. -- CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 12/10/01 Subject: Public Hearing for Consideration of Establishing an 87 Acre Agenda Number: GN 2001-115 Reinvestment Zone and Authorization of a Property Tax Abatement for North Hills Mall Expansion - Ordinance 2594 and Resolution 2001-070 On August 16, 2000, the City Council approved a tax incentive agreement with North Hills Mall. The tax incentive agreement established the following: · A property tax abatement on 50% of real property taxes for ten years on improvements made in the Mall expansion · A rebate of 80% of sales and beverage tax receipts above $900,000 in sales and beverage tax receipts for 15 years in the Mall expansion · A grant for $3 million in infrastructure improvements for the Mall expansion As North Hills Mall moves further along in its plans for the Mall expansion, in accordance with state laws and requirements of the original agreement, staff is now bringing forward an ordinance and resolution regarding the abatement of real property taxes. The ordinance and resolution must be passed prior to January 1, 2002. Staff is asking for Ordinance no. 2594 to be approved establishing a reinvestment zone on 87.1214 acres and for Resolution No. 2001-070 to be passed approving North Hills Creek Mall, L.P.'s application for tax abatement, authorizing the City Manager to execute the contract to implement the property tax abatement. Under this agreement, the mall expansion is required to be complete by January 1, 2003. If the Mall expansion is not finished prior to this date, the entire agreement with North Hills Mall will have to be renegotiated or will be null and void. Property Tax Abatement In accordance with the City's Guidelines and Criteria for Granting Tax Abatement, on November 8, 2001, North Hills Creek Mall, L.P. (North Hills Mall) submitted an application for tax abatement to the City for $66 million dollars in improvements and a 200,000 square foot expansion to North Hills Mall. North Hills Creek Mall, L.P. has plans to modernize and redevelop North Hills Mall from a retail concept into a family entertainment complex that will be a regional attraction and bring visitors from throughout the Metroplex. Improvements include a skate park, an ice-skating rink, multi-screen theater, 400-foot wide lake with a laser- lit fountain, and additional retailers and restaurants. The property tax abatement is for 50% of the real property taxes generated by the Mall expansion beginning with tax year 2002 and ending with tax year 2011, which is a 500% abatement over the life of the tax abatement. In order to receive the tax abatement, North Hills Mall must make $66 million dollars in improvements and retain 379 jobs and bring an additional 321 jobs, which 138 are full-time. Staff recommends adoption of the property tax abatement. The property tax abatement will have a significant economic impact to the City. The improvements will make North Hills Mall viable for years to come. The increase in jobs will have a $5 million dollar (of direct impact) in payroll. Business and commerce redevelopment efforts along South Grapevine Highway will increase due to the mall expansion. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Department Head Signature Sufficient Funds Available ðo:1 !~ F;,_I>,.,,,. ~~' . . . . -Manag~ , . CITY OF NORTH RICHLAND HILLS RECOMMENDATION 1. Approval of Ordinance No. 2594 designating a reinvestment zone. 2. Approval of Resolution No. 2001-070 authorizing the City Manager to execute the Property Tax Abatement Contract with North Hills Creek Mall, L.P. As a result of attached letter. staff is recomendina aDDroval of a one year extension on the ProDertv Tax Abatement Contract Der North Hills Mall Reauest ATTACHMENTS · North Hills Mall Letter Requesting Extension of Property Tax Abatement · Original Tax Incentive Agreement · Feasibility Study · Property Tax Abatement Application · Ordinance Creating Reinvestment Zone · Resolution Authorizing Property Tax Abatement CITY COUNCIL ACTION ITEM Page2of2 DEC-06-2001 THU 03:12 PM FAX NO. 817 268 2240 P. 01 NORTH H"lLLS CREEK MALL, LLP 1848 Norwood Plaza, Suite 214 Hurst, TX 76054 Telephone 817-268-5489 Fax 817-268-2240 . December 6.2001 Honorable Mayor Charles Scouma And City Council Members City of North Richland Hills 7301 N. E. Loop 820 North Richland hills, TX 76180 Re: Tax Incentive Agreement Dear Mayor and Council Members: On August 16,2000 North Hills Creek Mall, LLP and the City of North Richland Hills. Texas executed a Tax Incentive Agreement. There are some time sensitive parts to that agreement. A portion of the incentive package is scheduled to begin on January 1, 2002. Since the agreement was executed sixteen months ago, events beyond our control have forced the delay of our project. e Foley's didn't confirm they were leaving the mall until last May. Until them, the plans included Foley's continuing to be a major anchor. Because of this ch.ange, we had to negotiate to buy the Foley's building. redesign. and lease it. Following that, we had to get a new appraisal for the lenders we were working with. When the tragedy of September 11,2001 happened. our lender (based in the financial district of New York City) put a two-month moratorium on allloa05. We are just now back on track with them to secure a loan. Because of these uncontrollable events, we ask you to approve the package before you at the December 10, 2001 meeting. However, we would ask you to delay the commencement date of our agreement and all portions of it by one year. Thank you for your consideration of these matters. We look forward to a long and close relationship with the City of North Richland Hills. Very truly yours, ~..J) {J~ Burk Collins Managing Partner e BC/cb e e e TAX INCENTIVE AGREEMENT This TAX INCENTIVE AGREEMENT (this "Agreement") is entered into by and between the CITY OF NORTH RlCHLAND HILLS, TEXAS, a municipal corporation of Tarrant County, Texas (the "City") and NORTH HILLS CREEK MALL, L.P., a Texas limited partnership ("Owner"), whose principal place of business is 1848 NOIWood Plaza, Suite 214, Hurst, Texás 76054. WIT N E SSE T H: A. Owner intends to renovate and expand a shopping center mall on the land described on Exhibit A attached hereto and made a part hereof. B. The improvements contemplated by Owner will promote economic development, stimulate business and commerce, create additional employment opportunities and generate tax revenue. C. Owner has advised City that a contributing factor that would induce Owner to develop the improvements would be an agreement by City to provide economic development incentives in the fonn of a tax abatement, infrastructure improvements and an economic development grant in the fonn of a sales and use tax incentive and a beverage tax incentive to Owner to defray a portion of the costs to be incurred by Owner as a consequence of developing and constructing the improvements. D. City is authorized by Article III, Section 52-a of the Texas Constitution and Section 380.001 ofthe Texas Local Government Code to establish economic development programs and to provide grants. E. City has detennined that providing economic development incentives pursuant to this Agreement will further public purposes and the economic development goals of City. F. In connection with the furtherance of public purposes and the economic development goals of the City, City has detennined that the contemplated improvements to and the use of the property owned by Owner are in compliance with the City's abatement and tax incentive guidelines and criteria. G. The City Council has approved the execution of this Agreement by and between the City and Owner. NOW THEREFORE, the City and Owner, for good and valuable consideration, do mutually agree as follows: 833192.13 1 e e e 1. indicated: Definitions. As utilized herein, the following terms shall have the meanings "Conditions for Eli!!ibilitv" means all the following conditions: (a) the Project is occupied by Occupants operating retail stores of the Requisite Quality which are either businesses operating in the Project as ofthe date ofthis Agreement or New Businesses; (b) the ice-skating rink in the Project is open and doing business; and (c) Eligible Anchor Occupants occupying, in the aggregate, at least 175,000 square feet of gross leasable area of the Project have stores within the shopping mall in the Project that are open and doing business. "Condition for Eli~ibilitv Relatin!! to OccuDancv" means the condition set forth in clause (c) in the foregoing definition of the term "Conditions for Eligibility." "Eli!!ible Anchor Occupant" means an Occupant of the Project meeting all ofthe following conditions: (a) such Occupant is in occupancy of the Project and is operating within the Project a retail store of the Requisite Quality containing at least 25,000 leasable square feet; and (b) such Occupant either owns fee simple title to the site of its store or occupies the Project pursuant to a lease with an initial term of at least eight (8) years and with a renewal option to extend the term of such lease for an additional term of at least seven (7) years. "Fountain Plaza Area" means the area designated as the Fountain Plaza Area on the depiction of the Project attached hereto as Exhibit B, such Fountain Plaza Area to be constructed by Owner and to contain a lake with an area of at least two (2) acres, a lighted fountain, an amphitheater with seating for at least five hundred (500) people, common areas, retail kiosks and associated amenities. "Incremental Project Sales Tax Receipts" means Project Sales Tax Receipts in excess of $900,000, it being understood and agreed that Project Sales Tax Receipts of $900,000 or less shall be retained by the City in their entirety and shall not be eligible for rebate of any kind whatsoever under this Agreement. "Incremental Taxable Value" means, with respect to any particular calendar year, the excess of (a) the value ofthe real property included in the Project (specifically excluding the value ofpersonal property, machinery, inventory, supplies, or other property that is taxed separately from the land and buildings) as shown on the tax rolls of the Tarrant Appraisal District on January 1 of such calendar year, as finally determined by the Tarrant Appraisal District, over (b) the fair market value of the real property included in the Project as shown on the tax rolls of the Tarrant Appraisal District as of January 1,2001. 833192.13 2 e e e 833192.13 "Ineli~ible Uses" means the operation of any ofthe following businesses: (a) any type of discount store; (b) a grocery store or supennarket; (c) a resale or consignment store; (d) a home improvement store; (e) any store containing an outdoor storage or sales area of any kind (unless the written consent ofthe City Manager is obtained with respect thereto); or (f) any sexually oriented business. By incorporating the concept of Ineligible Uses into this Agreement, the parties do not intend to prohibit the Owner ITom using the Project for any Ineligible Use (it being agreed that zoning and other applicable laws shall be detenninative of whether a particular use of the Project is prohibited); rather, the partíes intend that if the Project is used for any Ineligible Use, Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement, as more specifically set forth hereinafter. "Initial Lease-Up Period" means the period of time beginning upon January 1, 2001 and ending upon the earlier to occur of (a) the date upon which the Condition for Eligibility Relating to Occupancy is met, or (b) January 1,2003. "New Business" means a retail store in the Project that is either (a) a new store which has been opened by an Occupant operating same in addition to (and not in replacement of) any other stores which such Occupant operates within the City; (b) the relocation of a store that has moved ITom a location elsewhere in the City because the Occupant operating same desired to expand its store and space for expansion was not available at the previous location of such store; (c) the relocation of a store that has moved ITom a location elsewhere in the City because of other circumstances which prevented the Occupant operating same ITom continuing to operate its business at the previous location of such store, and (d) the relocation of a store previously located elsewhere in the City that was planning to relocate its store outside the City but elected to relocate to the Project. "Occupancv Failure" means either (a) failure to fulfill the Condition of Eligibility Relating to Occupancy on or before January 1,2003, or (b) in the event that the Condition of Eligibility Relating to Occupancy is fulfilled on or before January 1, 2003, failure to continue to fulfill the Condition for Eligibility Relating to Occupancy (whether through the loss of an Eligible Anchor Occupant or otherwise) which is not cured within twelve (12) months after the initial occurrence of such failure (it being understood that in such event an Occupancy Failure shall be deemed to have occurred upon the expiration of such twelve (12) month cure period). "Occupant" means an occupant of the Project that is operating a store within the shopping mall included in the Project and either (a) owns fee simple title to the site of its .store, or (b) operates its store pursuant to a written lease agreement with Owner. "Project" means the land described on Exhibit A attached hereto and made a part hereof and the improvements thereon. Attached hereto as Exhibit B is a depiction of the Project. 3 e "Proiect Bevera~e Tax Receipts" means alcoholic beverage taxes actua11yreceived by the City pursuant to Chapter 183 of the Texas Tax Code which were generated from the sale of alcoholic beverages within the Project "Project Sales Tax Receipts" means sales and use taxes actually received by the City pursuant to Chapter 321 of the Texas Tax Code (specifically excluding sales tax~s received by the Crime Control District or the Park Development Corporation) which were generated from sales conducted within the Project. "Property Tax Abatement Period" means the ten (10) year period beginning on January 1,2002 and ending on December 31,2011, subject to earlier termination as provided in this Agreement. In no event shall the Property Tax Abatement Period extend beyond December 31,2011. "Requisite Oualitv" as used herein to describe a retail store means a retail store of a quality not less than the general quality of the stores located in Grapevine Mills Mall, 3000 Grapevine Mills Parkway, Grapevine, Texas. e "Sales Tax Rebate Period" means the fifteen (15) year period beginning on January 1,2002, and ending on December 31,2016, subject to earlier termination as provided in this Agreement. In no event shall the Sales Tax Rebate Period extend beyond December 31, 2016. 2. Ownership Interest in Project. Each party acknowledges and agrees that the Project is located entirely within the City limits of the City, is not located in an improvement project financed by tax increment bonds, and does not include any property that is owned or leased by a member of the City Councilor by a member of the City Plan Commission. Owner represents and warrants to the City that it is the owner of the Project and holds fee simple title as well as equitable title to the Project. 3. Tax Abatement in Respect of Ad Valorem Property Taxes. Provided that the Conditions of Eligibility are continuously fulfilled in respect ofthe Project during the entirety of the Property Tax Abatement Period (but subject to the provisions of Section 7 and Section 8 below), the City will grant a tax abatement on a portion ofthe City ad valorem taxes assessed on the Incremental Taxable Value of the Project and otherwise owed to the City, subject to the terms and conditions of this Agreement and subject to the rights of holders of any outstanding bonds of the City. The tax abatement shall be an amount equal to the taxes assessed on fifty percent (50%) of the Incremental Taxable Value of the Project during the Property Tax Abatement Period. Owner shall have the right to protest and/or contest any assessment of the Project and such abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest and/or contest. e 833192.13 4 e e e 4. Rebate of Incremental Project Sales Tax Receipts. (a) Provided that the Conditions of Eligibility are continuously fulfilled in respect of the Project during the entirety of the Sales Tax Rebate Period (but subject to the provisions of Section 7 and Section 8 below), the City will rebate to Owner, on an annual basis, eighty percent (80%) of the Incremental Project Sales Tax Receipts collected by the City. Such rebate shall be paid to Owner within thirty (30) days after Owner submits to tþe City the tax summary described in Section 4(b) below; provided, however, that if the City has any inquiries concerning such tax summary, the City shall have the right to withhold payment of any rebate in respect of one or more tenants that the City may dispute until the City is provided with such additional infonnation as the City shall reasonably require. The parties specifically agree that the foregoing rebate shall not apply to, and nothing contained in this Agreement shall affect the obligation of Owner to pay, sales, use or other taxes payable to the Crime Control District or the Park Development Corporation. (b) On or before March 1 of each year, Owner shall provide to the City a tax summary setting forth the Project Sales Tax Receipts for the immediately preceding calendar year. Owner hereby waives any and all rights of cohfidentiality which Owner may have in respect of sales taxes generated from the Project. Without limiting the generality of the preceding sentence, Owner agrees that the City shall have the right to inspect and audit the books and records of Owner to confinn the total amount of sales taxes and Project Sales Tax Receipts attributable to the Project. Owner shall use reasonable efforts to cause all leases of the Project and other contracts with Occupants relating to occupancy of the Project that are executed after the date of this Agreement to include provisions in which the Occupant (i) waives, for the benefit of both Owner and the City, any and all rights of confidentiality which such Occupant may have in respect of sales and use taxes generated from its business at the Project, and (ii) agrees that the City shall have the right to inspect and audit the books and records of such Occupant to confinn the total amount of sales and use taxes generated from the business of such Occupant at the Project. If the City is unable to confinn the amount of sales and use taxes generated from the business of an Occupant, then such Occupant shall be deemed to have generated no sales and use taxes for purposes of calculating the rebate of Incremental Project Sales Tax Receipts pursuant to Section 4(a) above. The City shall use reasonable efforts to maintain the confidentiality of the Project Sales Receipts, subject to any laws that may require disclosure thereof. 5. Rebate of Project Beveraee Tax' Receipts. (a) Provided that the Conditions of Eligibility are continuously fulfilled in respect of the Project during the entirety of the Sales Tax Rebate Period (but subject to the provisions of Section 7 and Section 8 below), the City will rebate to Owner, on an annual basis, eighty percent (80%) of the Project Beverage Tax Receipts collected by the City. Such rebate shall be paid to Owner within thirty (30) days after Owner submits to the City the tax summary described in Section 5(b) below; provided, however, that if the City has 833192.13 5 e any inquiries concerning such tax summary, the City shall have the right to withhold payment of any rebate in respect of one or more tenants that the City may dispute until the City is provided with such additional information as the City shall reasonably require. e (b) On or before March 1 of each year, Owner shall provide to the City a tax summary setting forth the Project Beverage Tax Receipts for the immediately preceding calendar year. Owner hereby waives any and all rights of confidentiality which Owner may have in respect of beverage taxes generated from the Project. Without limiting the generality ofthe preceding sentence, Owner agrees that the City shall have the right to inspect and audit the books and records of Owner to confirm the total amount of beverage taxes attributable to the Project. Owner shall use reasonable efforts to cause all leases of the Project and other contracts with Occupants relating to occupancy ofthe Project that are executed after the date of this Agreement to include provisions in which the Occupant (i) waives, for the benefit of both Owner and the City, any and all rights of confidentiality which such Occupant may have in respect of beverage taxes generated from its business at the Project, and (ii) agrees that the City shall have the right to inspect and audit the books and records of such Occupant to confirm the total amount of beverage taxes generated from the business of such Occupant at the Project. If the City is Unable to confirm the amount of beverage taxes generated from the business of an Occupant, then such Occupant shall be deemed to have generated no beverage taxes for purposes of calculating the rebate of Project Beverage Tax Receipts pursuant to Section Sea) above. The City shall use reasonable efforts to maintain the confidentiality of the Project Beverage Tax Receipts, subject to any laws that may require disclosure thereof. 6. Maximum Incentive. Notwithstanding anything contained herein to the contrary, in no event shall the sum of (a) the cumulative amount of tax abatements granted by the City under this Agreement, (b) the cumulative rebates of sales taxes made by the City under this Agreement, and (c) the cumulative rebates of beverage taxes made by the City under this Agreement, exceed the sum of Thirty Three Million Dollars ($33,000,000). Accordingly, notwithstanding any other provision of this Agreement, if the sum of the amounts described in clauses (a), (b) and (c) of the preceding sentence reaches Thirty Three Million Dollars ($33,000,000) prior to the expiration of the Property Tax Abatement Period or the Sales Tax Rebate Period, then as of such date Owner shall not be entitled to any further tax abatements, tax rebates or other tax incentives under this Agreement. 7. Initial Lease-Up Period. Notwithstanding anything contained herein to the contrary, during the Initial Lease-Up Period Owner shall not be denied the tax abatement or the rebate of taxes described in this Agreement solely because of Owner's failure to comply with the Condition for Eligibility Relating to Occupancy; provided, however, that if during the Initial Lease- Up Period Owner executes leases of the Project which will prevent Owner from fulfilling the Condition for Eligibility Relating to Occupancy prior to the expiration of the Initial Lease-Up Period, then, as of the date such circumstance arises, Owner shall not be entitled to any tax abatement or rebate oftaxes described in this Agreement. Nothing contained in this Section 7 shall e 833192.13 6 e be construed to impair any right or remedy of the City in the event Owner fails to fulfill any Condition for Eligibility other than the Condition for Eligibility Relating to Occupancy. 8. Occurrence of Occupancy Failure. Owner shall give City prompt written notice ofthe occurrence of an Occupancy Failure. Owner shall use commercially reasonable efforts to cure an Occupancy Failure by executing a new lease of the Project with an Eligible Anchor Occupant or otherwise causing the Condition for Eligibility Relating to Occupancy (as well as the other Conditions for Eligibility defined in Section 1 hereof) to again be fulfilled. Notwithstandi~g anything contained herein to the contrary, Owner shall continue to receive the benefits of the tax abatement and tax rebates provided in this Agreement during the period of an Occupancy Failure, provided that the sum of Project Sales Ta.x Receipts and Project Beverage Tax Receipts are in excess of$900,OOO during each calendar year. If during any calendar year the sum of Project Sales Tax Receipts and Project Beverage Tax Receipts are not in excess of$900,OOO and an Occupancy Failure has occurred during such calendar year, then Owner shall not be entitled to any of the tax rebates described in this Agreement during such calendar year or any subsequent calendar year. e 9. Validitv ofIncentives. It is understood and expressly agreed by Owner that the City does not warrant or guarantee that the grant of tax abatement or tax rebates as provided for in this Agreement will be upheld as valid, lawful, enforceable or constitutional in the event the statutory authority for same or the City's use thereof is challenged by court action. In the event such court action related to this Agreement is instituted, Owner shall be responsible for defending the parties hereto, this Agreement, and the use of tax abatement and tax rebates hereunder, at Owner's sole cost and expense, including attorneys' fees. The City, however, agrees to cooperate with Owner in such defense. Should such litigation result in the loss of tax abatement or tax rebates as provided herein, Owner shall be solely responsible for the payment of all taxes due, including all taxes which otherwise would have been paid to the City without the benefit of abatement or rebates, without recourse to the City, and without any obligation by the City to reimburse same back to Owner. 10. Default. In the event that (a) any of the Conditions for Eligibility are not fulfilled at any time during the tenn ofthis Agreement (subject to the provisions of Section 7 and Section 8), or (b) Owner allows its ad valorem taxes owed the City to become delinquent (provided that Owner retains its right to timely and properly follow the legal procedures for protest and/or contest of any such ad valorem taxes), or (c) Owner breaches any of the tenns and conditions of this Agreement, then Owner shall be in default under this Agreement. In the event of such default, the City shall give Owner written notice of such default, and if Owner has not cured such default within ninety (90) days of said written notice, this Agreement may be tenninated by the City, in which event Owner shall no longer have the benefit of any abatement or rebates set forth herein effective as of the date of such tennination. Notice shall be given in accordance with Section 19 hereof. It is expressly agreed that, notwithstanding any tennination or expiration of this Agreement, the City shall, throughout the period of any applicable statute oflimitations, maintain its rights to audit books and records under Section 4 and Section 5 hereof and to collect any amounts owed to the City due to miscalculations of the tax rebates provided to Owner hereunder. e 833192.13 7 e 11. Filin~s. It shall be the responsibility of Owner to make any filings with governmental agencies (including specifically, without limitation, the Tarrant Appraisal District) required in order to obtain the benefits of this Agreement. Owner shall annually certify to the City that Owner is in compliance with the applicable terms of the real property tax abatement and tax rebates provided herein, and Owner shall allow reasonable access to the Project by employees and agents of the City for the purpose of inspecting the Project. 12. Asshmment. Owner shall not have the right to assign its rights or obligations undér this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. Without limiting the requirements that the City may impose in connection with an assignment of Owner's rights and obligations under this Agreement, the City may specifically require the following: (a) evidence that the proposed assignment by Owner is being made in connection with a sale ofthe Project to a bona fide third party purchaser (a "New Owner"); (b) written notice of such sale not less than thirty (30) days prior to the consummation thereof; (c) execution and delivery by the New Owner of an instrument, reasonably satisfactory to the City in form and substance, whereby the New Owner (i) agrees that it will continue to operate the Project as a retail shopping mall during the remaining term of this Agreement, and (ii) assumes the obligations of Owner under this Agreement and agrees to be bound by the provisions of this Agreement during the remaining term of this Agreement as if such New Owner had been the original Owner hereunder. The assignment by Owner of Owner's rights and obligations under this Agreement without obtaining the prior written consent of the City shall constitute a default by Owner under this Agreement. e 13. Indemnitv. It is understood and agreed between the parties that Owner, in performing its obligations hereunder, is acting independently, and the City assumes no responsibility or liability in connection therewith to third parties, and Owner agrees to indemnify and hold harmless the City, its officers, agents and employees, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of or be occasioned by Owner's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Owner, its officers, agents, associates, employees or subconsultants, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence ofboth Owner and the City, responsibility and indemnity, ifany, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions ofthis paragraph are solely for the benefit ofthe parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. e 833192.13 8 e 14. Term. The tenn of this Agreement shall expire upon the end of the Sales Tax Rebate Period, unless tenninated prior to such time in accordance with the provisions of this Agreement. Any obligations of the parties, as well as any rights and benefits of the parties, which by the express tenns of this Agreement or of necessity pertain to a period of time following the tennination of this Agreement shall survive termination. 15. Inelieib1e Uses. In the event that the Project or any portion thereof is used for an Ineligible Use, then Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement. Nevertheless, any Occupant participating in an Ineligible Use shall be subject to the rights of the City and waivers of confidentiality set forth in Section 4(b) and Section 5(b) above. e 16. Infrastructure Improvements. In connection with its renovation of the Project, Owner will be constructing certain infrastructure improvements required by the City or desired by Owner. Subject to Owner's compliance with all City ordinances and regulations in respect of the construction perfonned by Owner, the City shall provide a grant to Owner to reimburse Owner for the following amounts to the extent actually incurred by Owner in constructing the specified infrastructure improvements: (a) $2;000,000 towards the costs of constructing drainage and creek improvements, including, without limitation, drainage improvements associated with the Fountain Plaza Area; (b) $750,000 towards the costs of constructing street/signal improvements, incJuding, without limitation, such improvements associated with the Fountain Plaza Area; and (c) $250,000 towards the costs of landscaping abutting the public street adjacent to the Project. Such reimbursement grant shall be made to Owner after completion of the applicable improvements in accordance with the procedure typically used by the City. Owner shall submit to the City such plans, evidence of costs and other documents as may be reasonably required by the City in order to confinn that Owner is entitled to the reimbursement grant which is the subject of this Section 16. 17. Sharine of Revenues From Fountain Plaza Area. Until December 31, 2016, Owner will pay to the City, on an annual basis, fifty percent (50%) of the gross revenues derived by Owner from the Fountain Plaza Area. For purposes of the preceding sentence, the term "gross revenues" means income of any kind or character derived from the operation of the Fountain Plaza Area, including, without limitation, rentals, concession fees and any other consideration received by Owner for use of the Fountain Plaza Area or any improvement or facility therein (specifically excluding all revenues from the restaurant buildings adjacent to the Fountain Plaza Area). On or before March 1 of each year, Owner shall provide to the City a summary setting forth the gross revenues derived from the Fountain Plaza Area during the immediately preceding calendar year, together with payment to the City of fifty percent (50%) of such amount. The City shall have the right to inspect and audit the books and records of Owner to confinn the amount of gross revenues derived from the Fountain Plaza Area. Each party agrees that, if requested by the other party after the fifth (5th) anniversary date of this Agreement, the parties will discuss the possibility of sharing revenues from the Fountain Plaza Area in an alternative manner (e.g. on a net revenues basis). However, the manner of sharing revenues from the Fountain Plaza Area shall remain as set forth in this Section 17 unless and until each party agrees, in its sole discretion, to an alternative manner of e 833192.13 9 · sharing such revenues and executes an amendment to this Agreement setting forth such agreement. 18. Use of Fountain Plaza Area. Until December 31,2016, the City shall have the right to identify, during each calendar year, up to thirty (30) days per calendar year during which the City or its designee will have exclusive use of the entire Fountain Plaza Area (or a portion thereof designated by the City) at no charge. The City will, on or before December 1 of each year, designate in a written notice to Owner the thirty (30) days in the succeeding calendar year during which the City (or its designee) intends to have exclusive use of the Fountain Plaza Area. ~ 19. Notices. Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. If intended for the City, to: City of North Richland Hills Attention: Finance Director' 7301 Northeast Loop 820 North Richland Hills, Texas 76180 e If intended for Owner, to: North Hills Creek Mall, L.P., 1848 Norwood Plaza, Suite 214 Hurst, Texas 76054. 18. Venue. The obligations of the parties to this Agreement are perfonnable in Tarrant County, Texas, and i£legal action is necessary to enforce same, exclusive venue shall lie in Tarrant County, Texas. 19. Applicable Laws. This Agreement is made subject to the provisions of the Charter and ordinances of the City, as amended, and all applicable State and federal laws. 20. Governine Law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 21. Le2:al Construction. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and it is the intention of the parties to this Agreement that in lieu of each provision that is found. to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and - 833192.13 10 e e e enforceable and is as similar in tenns as possible to the provision found to be illegal, invalid or unenforceab Ie. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. Captions. The captions to the various clauses of this Agreement are for infonnational purposes only and shall not alter the substance of the tenns and conditions of this Agreement. 24. Payment of Expenses. Concurrently with the execution of this Agreement, Owner shall payor reimburse City for all attorneys' fees incurred by City in connection with the preparation and negotiation of this Agreement up to the date of full execution of this Agreement. 25. Entire A2reement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. [This space intentionally left blank] 833192.13 11 e e e EXECUTED to be effective as of the .L'f!tay of ø ~, 2000. (/ THE CITY: City of North Richland Hills ¡ff;fk a7~ BY~~~~ Name:L.I'!ie J-: ct. 6~ Title: ÚTy ,ff7~r16e¿ OWNER: North Hills Creek Mall, L.P., a Texas limited partnership By: Fountain Mall, Inc. lts General Partner BY~ ÅÅÅ1L (J&J~ Name: Title: . C, €: (), 833192.13 12 · EXHIBIT A PROPERTY DESCRIPTION Tract 1 (25.2367 acres): Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at a point, said point being the intersection point ofthe southeast comer ofthe said tract recorded in Volume 388-126, Page 89, Tarrant County Plat Records, Tarrant County, Texas, and the east right-of-way line of Cagle Street (50 foot right-of-way); THENCE S 89 deg. 43 min. 20 sec. W, a distance of 10.00 feet to the POINT OF BEGINNING; THENCE S 89 deg. 43 min. 20 sec. W, a distance of 30.00 feet to a comer; e THENCE N 00 deg. 16 min. 35 sec. W, a distance of 80.00 feet to the point of curvature of a curve to the left having a delta of 40 deg. 00 min. 00 sec., a radius of912.77 feet and a chord ofN 20 deg. 16 min. 35 sec. W, 624.37 feet; THENCE along said curve, an arc distance of 637.23 feet to the point of compound curvature of a curve to the left having a delta of30 deg. 26 min. 55 sec., a radius of 496.50 feet, and a chord ofN 55 deg. 30 min. 02 sec. W, 260.76 feet; THENCE along said curve, an arc distance of263.85 feet to the point of compound curvature ofa curve to the left having a delta of90 deg. 00 min. 00 sec., a radius of20.00 feet, and a chord ofS 64 deg. 16 min. 30 sec. W, 28.28 feet; THENCE along said curve, an arc distance of31.42 feet to the point of tangency of said curve; THENCE N 70 deg. 43 min. 30 sec. W, a distance of 32.00 feet to a comer; THENCE N 19 deg. 16 min. 30 sec. E, a distance of 167.35 feet to a comer; THENCE N 70 deg. 43 min. 30 sec. W, a distance of295.74 feet to a comer; - THENCE S 19 deg. 16 min. 30 sec. W, a distance of265.00 feet to a comer; Exhibit A, Page 1 e THENCE N 25 deg. 43 min. 30 sec. W, a distance of 4.11 feet to a comer; THENCE N 70 deg. 43 min. 30 sec. W, a distance of 218.02 feet to a comer; THENCE S 64 deg. 16 min. 30 sec. W, a distance of85.78 feet to a comer; THENCE S 19 deg. 16 min. 30 sec. W, a distance of366.56 feet to a comer; THENCE S 64 deg. 11 min. 31 sec. W, a distance of74.93 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of 84.00 feet to a comer; THENCE S 64 deg. 11 min. 31 sec. W, a distance of 30.00 feet to a comer; THENCE S 24 deg. 15 min. 49 sec. W, a distance of62.90 feet to a comer; THENCE S 00 deg. 16 min. 40 sec. E, a distance of32.00 feet to a comer; THENCE N 89 deg. 43 min. 20 sec. E, a distance of 644.80 feet to a comer; THENCE S 00 deg. 19 min. 45 sec. E, a distance of25.00 feet to a comer; e THENCE S 89 deg. 43 min. 20 sec. W, a distance of 1138.71 feet to a comer; THENCE S 00 deg. 19 min. 45 sec. E, a distance of816.74 feet to a comer; THENCE S 89 deg. 43 min. 20 sec. W, a distance of 50.00 feet to a comer; THENCE N 00 deg. 19 min. 45 sec. W, a distance of816.74 feet to a comer; THENCE S 89 deg. 43 min. 20 sec. W, a distance of 175.94 feet to the point of curvature of a curve to the right having a delta of38 deg. 27 min. 58 sec., a radius of300.00 feet, and a chord ofN 71 deg. 02 min 41 sec. W, 197.65 feet; THENCE along said curve, an arc distance of201.41 feet to a point on said curve; THENCE N 00 deg. 19 min. 45 sec. W, a distance of 32.25 feet to the point of curvature of a non- tangent curve to the right having a delta of 47 deg. 13 min. 26 sec., a radius of275.50 feet, and a chord ofN 24 deg. 01 min. 08 sec., W, 220.70 feet; THENCE along said curve, an arc distance of 227.07 feet to the point of tangency of said curve; e Exhibit A, Page 2 e THENCE N 89 deg. 35 min. 35 sec. E, a distance of260.07 feet to the point of curvature of a curve to the right having a delta of 19 deg. 35 min. 56 sec., a radius of 50.00 feet and a chord ofS 80 deg. 36 min. 27 sec. E, 17.02 feet; THENCE along said curve, an arc distance of 17.10 feet to the point of tangency of said curve; THENCE S 70 deg. 48 min. 29 sec. E, a distance of 8.53 feet to a corner; THENCE S 00 deg. 24 min. 25 sec. E, a distance of 69.34 feet to a corner; THENCE S 60 deg. 24 min. 25 sec. E, a distance of 31.75 feet to a corner; THENCE S 00 deg. 24 min. 25 sec. E, a distance of 17.59 feet to a corner; THENCE N 59 deg. 35 min. 35 sec. E, a distance of31.75 feet to a corner; THENCE S 00 deg. 24 min. 25 sec. E, a distance of9.59 feet to a comer; THENCE N 59 deg. 35 min. 35 sec. E, a distance of 31. 75 feet to a corner; THENCE S 00 deg. 24 min. 25 sec. E, a distance of 14.99 feet to a corner; e THENCE S 60 deg. 24 min. 25 sec. E, a distance of59.81 feet to a corner; THENCE N 59 deg. 35 min. 35 sec. E, a distance of 52.05 feet to a corner; THENCE S 70 deg. 48 min. 29 sec. E, a distance of73.77 feet to a corner; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 416.75 feet to a corner; THENCE N 23 deg. 02 min. 21 sec. E, a distance of 46.1 0 feet to a corner; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 67.34 feet to a corner; THENCE S 79 deg. 11 min. 31 sec. W, a distance of31.75 feet to a corner; THENCE N 40 deg. 48 min. 29 sec. W, a distance of63.51 feet to a corner; THENCE N 19 deg. 11 min. 31 sec. E, a distance of22.92 feet to a corner; THENCE S 79 deg. 11 min. 31 sec. W, a distance of63.51 feet to a corner; e THENCE S 19 deg. 11 min. 31 sec. W, a distance of 33.31 feet to a corner; Exhibit A, Page 3 e THENCE N 40 deg. 48 min. 29 sec. W, a distance of63.51 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. W, a distance of 31.75 feet to a comer; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 10.39 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. W, a distance of 21.01 feet to a comer; THENCE N 40 deg. 48 min. 29 sec. W, a distance of74.25 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. W, a distance of 38.99 feet to a comer; THENCE N 20 deg. 02 min. 48 sec. W, a distance of 27.44 feet to the point of curvature of a curve to the right having a delta of96 deg. 27 min. 11 sec., a radius of25.00 feet and a chord ofN 28 deg. 10 min. 53 sec. E, 37.29 feet; THENCE along said curve, an arc distance of 42.09 feet to the point of tangency of said curve; THENCE N 76 deg. 24 min. 29 sec. E, a distance of 203.06 feet to the point of curvature of a curve to the left having a delta of28 deg. 37 min. 59 sec., a radius of232.00 feet, and a chord ofN 92 deg. 05 min. 30 sec. E, 114.74 feet; e THENCE along said curve, an arc distance of 115.94 feet to the point of tangency of said curve; THENCE N 47 deg. 46 min. 30 sec. E, a distance of326.36 feet to the point of curvature of a curve to the left having a delta of 14 deg. 45 min. 42 sec., a radius of501.00 feet and a chord ofN 40 deg. 23 min. 39 sec. E, 128.72 feet; THENCE along said curve, an arc distance of 129.08 feet to the point of tangency of said curve; THENCE S 70 deg. 43 min. 30 sec. E, a distance of 258.80 feet to a comer; THENCE S 03 deg. 00 min. 09 sec. E, a distance of 151.29 feet to a comer; THENCE S 70 deg. 43 min. 30 sec. E, a distance of 494.93 feet to a comer; THENCE N 19 deg. 16 min. 30 sec. E, a distance of29.74 feet to the point of curvature ofa curve to the left having a delta of 45 deg. 54 min. 23 sec., a radius of 100.00 feet, and a chord ofN 03 deg. 40 min. 41 sec. W, 78.00 feet; THENCE along said curve, an arc distance of 80.12 feet to a point of reverse curvature of a curve to the right having a delta of34 deg. 26 min. 42 sec., a radius of74.00 feet and a chord ofN 09 deg. 24 min. 32 sec. W, 43.82 feet; e Exhibit A, Page 4 e THENCE along said curve an arc distance of 44.49 feet to the point of tangency of said curve; THENCE S 70 deg. 43 min. 30 sec. E, a distance of 281.82 feet to the point of curvature of a non- tangent curve to the right having a delta of 14 deg. 42 min. 03 sec., a radius of 456.56 feet and a chord ofS 11 deg. 55 min. 29 sec. W, 116.82 feet; THENCE along said curve, an arc distance of 117.14 feet to the point of tangency of said curve; THENCE S 19 deg. 16 min. 30 sec. W, a distance of219.90 feet to the point of curvature of a curve to the left having a delta of90 deg. 00 min. 00 sec., a radius of20.00 feet and a chord ofS 25 deg. 43 min. 30 sec. E, 28.28 feet; THENCE along said curve, an arc distance of 31.42 feet to a point of reverse curvature of a curve to the right having a delta of30 deg. 26 min. 55 sec., a radius of526.50 feet and a chord ofS 55 deg. 30 min. 02 sec. E, 276.52 feet; THENCE along said curve, an arc distance of279.80 feet to the point of compound curvature ofa curve to the right having a delta of 4'0 deg. 00 min. 00 sec., a radius of942.77 feet and a chord ofS 20 deg. 16 min. 35 sec. E, 644.89 feet; THENCE along said curve, an arc distance of658.18 feet to the point of tangency of said curve; e THENCE S 00 deg. 16 min. 35 sec. E, a distance of 80.00 feet to the POINT OF BEGINNING; and CONTAINING 1,099,309.00 square feet or 25.2367 acres ofland. Tract 2 04.1092 acres - San~er Harris) Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being one of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at a point for a comer in the Southeasterly right-of-way line of State Highway 121- A, said point being North 47° 461 30" East, 1649.62 feet along said line from the intersection of said Line with the Easterly Line of the Texas Electric Service Company right-of-way as recorded in Volume 1947, Page 169 of the Deed Records of Tarrant County; THENCE North 47° 46' 30" East, a distance of 372.20 feet to a comer; THENCE North 47° 51' 45" East, a distance of72.80 feet to the beginning ofa curve to the left; e Exhibit A, Page 5 . e THENCE in a Southeasterly direction along said curve to the left having a radius of 50.0 feet, a central angle of 53 0 07' 48", a chord of length 44.72 feet and bearing South 150 34' 21" East, and an arc length of 46.36 feet to the end of said curve to the left; THENCE South 420 08' 15" East, a distance of 50.0 feet to the beginning of a curve to the right; THENCE in a Southeasterly direction along said curve to the right having a radius of210.0 feet, a central angle of 64 0 29' 29", and an arc length of236.37 feet to the end of said curve to the right añd the beginning of a curve to the left; THENCE in a Southeasterly direction along said curve to the left having a radius of 20.0 feet, a central angle of79° 35' 40", and an arc length of27.78 feet to the end of said curve to the left and the beginning of a curve to the right; THENCE in a Southeasterly direction along said curve to the right having a radius of 651.0 feet, a central angle of 31 0 30' 55", and an arc length of 358.08 feet as the end of said curve to the right; THENCE South 250 43' 30" East, a distance of282.04 feet to the beginning of a curve to the right; THENCE in a Southeasterly direction along said curve to the right having a radius of 456.56 feet, a central angle of30° 18' 04", and an arc length of241.45 feet to the end of said curve to the right; e THENCE North 70043' 30" West, a distance of281.82 feet to the beginning ofa curve to the left; e THENCE in a Southeasterly direction along said curve to the left having a radius of 74.0 feet, a central angle of 34 0 26' 42", a chord oflength 43.82 feet and bearing South 30 24' 32" East, and an arc length of 44.49 feet to the end of said curve to the left and the beginning of a curve to the right; THENCE in a Southeasterly direction along said curve to the right having a radius of 100.0 feet, a central angle of 450 54' 23", and an arc length of 80.12 feet to the end of said curve to the right; THENCE South 190 16' 30" West, a distance of29.74 feet to a comer; THENCE North 70043' 30" West, a distance of 494.93 feet to a comer; THENCE North 3000' 09" West, a distance of 151.29 feet to a comer; THENCE North 70043' 30" West, a distance of258.80 feet to the beginning of a curve to the right; THENèE in a Southwesterly direction along said curve to the right having a radius of 501.0 feet, a central angle of!4 045' 42", a chord oflength 128.72 feet and bearing South 400 23' 39" West, and an arc length of 129.08 feet to the end of said curve to the right; Exhibit A, Page 6 e THENCE South 47° 46' 30" West, a distance of209.40 feet to a comer; THENCE North 4r 13' 30" West, a distance of219.10 feet to a comer; THENCE North 47° 46' 30" East, a distance of 43.0 feet to a comer; THENCE South 42° 13' 30" East, a distance of 167.10 feet to the beginning ofa curve to the left; THENCE in a Southeasterly direction along said curve to the left having a radius of 20.0 feet, a central angle of 90 ° 00' 00", and an arc length of 31.42 feet to the end of said curve to the left; THENCE North 47°46' 30" East, a distance of 146.40 feet to the beginning ofa curve to the left; THENCE in a Northeasterly direction, along said curve to the left having a radius of 469.0 feet, a central angle of 21 ° 40' 00", and an arc length of 177.35 feet to the end of said curve to the left; THENCE North 26° 06' 30" East, a distance of315.01 feet to the beginning ofa curve to the right; THENCE in a Northeasterly direction along said curve to the right having a radius of 251.0 feet, a central angle of 17 ° 28' 27", and an arc length of 76.55 feet to the end of said curve to the right; e THENCE North 42° 13' 30" West, a distance of 32.59 feet to the PLACE OF BEGINNING and containing 14.1092 acres. Tract 3 (7.8789 acres - Mervyn's) BEGINNING at a point, said point being the intersection point of the south right-of-way of State Highway 26-A and the southwest comer of the Sanger Harris Site; THENCE S 42 deg. 13 min. 30 sec. E, a distance of 219.10 feet to a comer; THENCE S 47 deg. 46 min. 30 sec. W, a distance of 116.96 feet to the point of curvature of a curve to the right having a delta of28 deg. 37 min. 59 sec., a radius of232.00 feet and a chord ofS 62 deg. 05 min. 30 sec. W, 114.74 feet; THENCE along said curve, an arc distance of 115.94 feet to the point of tangency of said curve; THENCE S 76 deg. 24 min. 29 sec. W, a distance of203.06 feet to the point of curvature of a curve to the left having a delta of96 deg. 27 min. 11 sec., a radius of25.00 feet and a chord ofS 28 deg. 10 min. 53 sec. W, 37.29 feet; e THENCE along said curve, an arc distance of 42.09 feet to the point of tangency of said curve; Exhibit A, Page 7 e e e THENCE S 20 deg. 02 min. 48 sec. E, a distance of 27.44 feet to a comer; THENCE N 79 deg. 11 min. 31 sec. E, a distance of 38.99 feet to a comer; THENCE S 40 deg. 48 min. 29 sec. E, a distance of 74.25 feet"to a comer; THENCE E 79 deg. 11 min. 31 sec. E, a distance of21.01 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of 10.39 feet to a comer; THENCE N 79 deg. 11 min. 31 sec. E, a distance of 31.75 feet to a comer; THENCE S 40 deg. 48 min. 29 sec. E, a distance of63.51 feet to a comer; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 33.31 feet to a comer; THENCE N 79 deg. 11 min. 31 sec. E, a distance of 63.51 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of22.92 feet to a comer; THENCE S 40 deg. 48 min. 29 sec. E, a distance of 63.51 feet to a comer; THENCE N 79 deg. 11 min. 31 sec. E, a distance of 31.75 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of67.34 feet to a comer; THENCE S 23 deg. 02 min. 21 sec. W, a distance of 46.10 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of 416.75 feet to a comer; THENCE N 70 deg. 48 min. 29 sec. W, a distance of73.77 feet to a comer; THENCE S 59 deg. 35 min. 35 sec. W, a distance of 52.05 feet to a comer; THENCE N 60 deg. 24 min. 25 sec. W, a distance of59.81 feet to a comer; THENCE N 00 deg. 24 min. 25 sec. W, a distance of 14.99 feet to a comer; THENCE S 59 deg. 35 min. 35 sec. W, a distance of31.75 feet to a comer; THENCE N 00 deg. 24 min. 25 sec. W, a distance of9.59 feet to a comer; THENCE S 59 deg. 35 min. 35 sec. W, a distance of31.75 feet to a comer; Exhibit A, Page 8 e e e THENCE N 00 deg. 24 min. 25 sec. W, a distance of 17.59 feet to a comer; THENCE N 60 deg. 24 min. 25 sec. W, a distance of 31.75 feet to a comer; THENCE N 00 deg. 24 min. 25 sec. W, a distance of 69.34 feet to a comer; THENCE N 70 deg. 48 min. 29 sec. W, a distance of 8.53 feet to the point of curvature of a curve to the left having a delta of 19 deg. 35 min. 56 sec., a radius of 50.00 feet and a chord ofN 80 dég. 36 min. 27 sec. W, 17.02 feet; THENCE along said curve, an arc distance of 17.10 feet to the point of tangency of said curve; THENCE S 89 deg. 35 min. 35 sec. W, a distance of260.07 feet to a comer; THENCE N 00 deg. 24 min. 25 sec. W, a distance of 166.18 feet to the point of curvature of a curve to the right having a delta of 48 deg. 10 min. 55 sec., a radius of275.50 feet and a chord ofN 23 deg. 41 min. 03 sec. E, 224.91 feet; THENCE along said curve, an arc distance of 231.68 feet to the point of tangency of said curve; THENCE N 47 deg. 46 min. 30 sec. E, a distance of221.23 feet to the point of curvature of a curve to the right having a delta of28 deg. 37 min. 59 sec., a radius of200.50 feet and a chord ofN 62 deg. 05 min. 29 sec. E, 99.16 feet; THENCE along said curve, an arc distance of 100.20 feet to the point of tangency of said curve; THENCE N 76 deg. 24 min. 29 sec. E, a distance of 261.23 feet to the point of curvature of a non- tangent curve to the left having a delta of28 deg. 37 min. 59 sec., a radius of 199.50 feet and a chord ofN 52 deg. 05 min. 29 sec. E, 98.66 feet; THENCE along said curve, an arc distance of99.70 feet to the point of tangency of said curve; THENCE N 48 deg. 18 min. 21 sec. E, a distance of 53.96 feet to the point of curvature of a curve to the left having a delta of90 deg. 00 min. 00 sec., a radius of20.00 feet and a chord ofN 02 deg. 46 min. 30 sec. E, 28.28 feet; THENCE along said curve an arc distance of 31.42 feet to the point of tangency of said curve; THENCE N 42 deg. 13 min. 30 sec. W, a distance of 167.10 feet to a comer, said point being in the south right-of-way line of State Highway 26-A; THENCE N 47 deg. 46 min. 30 sec. E, a distance of 43.00 feet to the POINT OF BEGINNING; and Exhibit A, Page 9 e CONTAINING 343,206.61 square feet or 7.8789 acres of land. Tract 4 (9.7304 acres - Cox) Being a tract ofland out of the W. W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at a point, said point being the intersection point of the north right-of-way line of Glenview Drive (50 foot right-of-way) and the east right-of-way line of Frawley Drive (50 foot right- of-way); THENCE N 00 deg. 19 min. 15 sec. W, a distance of841.73 feet to the POINT OF BEGINNING; THENCE S 89 deg. 43 min. 20 sec. W, a distance of 644.80 feet to a comer; THENCE N 00 deg. 16 min. 40 sec. W, a distance of32.00 feet to a comer; THENCE N 24 deg. 15 min. 49 sec. E, a distance of 62.90 feet to a comer; e THENCE N 64 deg. 11 min. 31 sec. E, a distance of 30.00 feet to a comer; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 84.00 feet to a comer; THENCE N 64 deg. 11 min. 31 sec. E, a distance of 74.93 feet to a comer; THENCE N 19 deg. 16 min. 30 sec. E, a distance of366.56 feet to a comer; THENCE N 64 deg. 16 min. 30 sec. E, a distance of 85.78 feet to a comer; THENCE S 70 deg. 43 min. 30 sec. E, a distance of218.02 feet to a comer; THENCE S 25 deg. 43 min. 30 sec. E, a distance of 4.11 feet to a comer; THENCE N 19 deg. 16 min. 30 sec. E, a distance of265.00 feet to a comer; THENCE S 70 deg. 43 min. 30 sec. E, a distance of295.74 feet to a comer; THENCE S 19 deg. 16 min. 30 sec. W, a distance of 167.35 feet to a comer; e THENCE S 70 deg. 43 min. 30 sec. E, a distance of32.00 feet to a comer; Exhibit A, Page 10 e e e THENCE S 19 deg. 16 min. 30 sec. W, a distance of 468.05 feet to the point of curvature ofa curve to the right having a delta of70 deg. 26 min. 50 sec., a radius of90.95 and a chord ofS 54 deg. 29 min. 55 sec. W, 104.91 feet; THENCE along said curve, an arc distance of 111.83 feet to the point of tangency of said curve; THENCE S 89 deg. 43 min. 20 sec. W, a distance of 10.53 feet to the POINT OF BEGINNING; CONTAINING 423,855.90 square feet or 9.7304 acres ofland. Tract 5 (9.5223 acres - Residual!) Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: BEGINNING at a point, said point being the intersection point of the southeast comer of the Calloway Fann Addition, and the east right-of-way line of Cagle St. (50' R.O.W.); THENCE S 89° 43' 20" W, a distance of 10.00 feet to a point for comer; THENCE N 000 16' 35" W, a distance of 80.00 feet to a point of curvature; THENCE along a curve to the left, said curve having a central angle of 400 00' 00", a radius of 942.77 feet, and an arc length of 658.18 feet to a point of compound curvature; THENCE along a curve to the left, said curve having a central angle of 300 26' 55", a radius of 526.50 feet, and an arc length of279.80 feet to a point of reverse curvature; THENCE along a curve to the right, said curve having a central angle of90° 00' 00", a radius of 20.00 feet, and an arc length of31.42 feet to a point of tangency; THENCE N 190 16' 30" E, a distance of219.90 feet to a point of curvature. THENCE along a curve to the left, said curve having a central angle of 45 0 00' 00", a radius of 456.56 feet, and an arc length of358.58 feet to a point of tangency; THENCE N 250 43' 30" W, a distance of 282.04 feet to a point of curvature; THENCE along a curve to the left, said curve having a central angle of 31 0 30' 55", a radius of 651.00 feet, and an arc length of 358.08 feet to a point of reverse curvature; Exhibit A, Page 11 e e e THENCE along a curve to the right, said curve having a central angle of 79° 35' 40", a radius of 20.00 feet, and an arc length of27.78 feet to a point of reverse curvature; THENCE along a curve to the left, said curve having a central angle of 64 ° 29' 29", a radius of 210.00 feet, and an arc length of236.37 feet to a point of tangency; THENCE N 42° 08' 15" W, a distance of50.00 feet to a point of curvature; THENCE along a curve to the right, said curve having a central angle of 53 ° 07' 48", a radius of 50.00 feet and an arc distance of 46.36 feet to a point for comer; THENCE N 47° 51' 45" E, a distance of235.00 feet to a point for comer; THENCE S 42 ° 08' IS" E, a distance of 160.00 feet to a point of curvature; THENCE along a curve to the right, said curve having a central angle of 45 ° 00' 00", a radius of 429.00 feet, and an arc length of 336.94 feet to a point of tangency; THENCE S 02° 51' 45" W, a distance of218.31 feet to a point of curvature; THENCE along a curve to the left, said curve having a central angle of 40° 52' 00", a radius of 571.00 feet, and an arc length of 407.27 feet to a point of tangency; THENCE S 38° 00' 15" E, a distance of 590.45 feet to a point for comer; THENCE S 00 ° 16' 35" E, a distance of934.15 feet to the POINT OF BEGINNING; and containing 9.5223 acres ofland. Tract 6 (9.3422 acres - Residual 2) Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at the intersection point ofthe southeast corner ofthe Calloway Farm Addition and the east right-of-way line of Cagle Street (50' R.O.W.); THENCE South 89° 43' 20" West, a distance of 40.00 feet to the POINT OF BEGINNING; THENCE South 89° 43' 20"West, a distance of 10.00 feet to a point for comer, said point being in the west line of Cagle Street; Exhibit A, Page 12 , e e e THENCE North 00° 16' 35" West, a distance of 0.11 feet to a point for comer; THENCE South 89° 43' 20" West, a distance of 695.86 feet to a point for comer, said point being in the east line of Frawley Drive (50' R.O.W.) dedicated by deed as recorded in Volume 4423 Page 602 of the Deed Records of Tarrant County, Texas; THENCE North 00° 19' 45" West, a distance of301.62 feet to a point for comer; THENCE North 89° 43' 20" East, a distance of 10.53 feet to a point of curvature to the left, said curve having a central angle of 70° 26' 50", a radius of90.95 feet and a chord bearing North 54 ° 29' 55" East, 104.91 feet; THENCE along said curve to the right an arc distance of 111.83 feet to a point of tangency; THENCE North 19 ° 16' 30" East, a distance of 468.05 feet to a point of curvature to the right, said curve having a central angle of 90° 00' 00", a radius of20.00 feet and a chord bearing North 64 ° 16' 30" East, 28.28 feet; THENCE along said curve to the right an arc distance of 31.42 feet to a point of curvature to the right, said curve having a central angle of 30° 26' 55", a radius of 496.50 feet and a chord bearing South 55° 30' 02" East, 260.76 feet; THENCE along said curve to the right an arc distance of263.86 feet to a point ofa compound curve to the right, said curve having a central angle of 40° 00' 00", a radius of912.77 feet and a chord bearing South 20° 16' 35" East, 624.37 feet; THENCE along the curve to the right an arc distance of 637.23 feet to a point of tangency; THENCE South 00° 16' 35" East, a distance of 80.00 feet to the POINT OF BEGINNING; and containing 406,944.32 square feet or 9.3422 acres ofland. Tract 7 (6.4365 acres - Residual 4) Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at a point; said point being the intersection of the north right-of-way line of Glenview Drive (50 foot R.O.W.) with the east right-of-way line of Ruth Street (a 50 foot private drive), said point being the southwest comer of Saint John the Apostle Catholic Church tract; Exhibit A, Page 13 " . THENCE North 00° 19' 45" West, a distance of399.22 feet to the POINT OF BEGINNING; THENCE North 00° 19' 45" West, a distance of 417.52 feet to a point for comer; THENCE North 89° 43' 20" East, a distance of 671.52 feet to a point for comer; THENCE South 00° 19' 45" East, a distance of 417.52 feet to a point for comer; THENCE South 89° 43' 20" West, a distance of671.52 feet to the POINT OF BEGINNING; and containing 280,373.03 square feet or 6.4365 acres ofland. Tract 8 (4.8652 acres - ResidualS) Being a tract ofland out ofthe W. W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COMMENCING at a point, said point being the intersection of the north right-of-way line of Glenview Drive (50 foot R.O.W.) with the west right-of-way line of Ruth Street (a 50 foot private drive), said point being the southeast comer of the Richland Hills Methodist Church tract; e THENCE N 00° 19' 45" W, a distance of 399.22 feet to the POINT OF BEGINNING; e THENCE S 89° 43' 20" W, a distance of479.70 feet to a point for comer; THENCE N 00° 24' 25" W, along the east line ofthe TESCO R.O.W., as recorded in Volume 1947, Page 169, Deed Records of Tarrant County, a distance of 482.63 feet; THENCE N 89° 43' 20" E, a distance of 117.86 feet to a point for comer; THENCE along a curve to the left, said curve having a central angle of 38 ° 27' 58", a radius of 300.00 feet, and an arc length of201.41 feet to a point of tangency; THENCE N 89° 43' 20" E, a distance of 175.94 feet to a point for comer; THENCE S 00° 19' 45" E, adistanceof417.52 feet to the POINT OF BEGINNING; and containing 211, 926.79 square feet or 4.8652 acres of land. Exhibit A, Page 14 ~ . ~ e NORTH HILLS CREEK MALL, L.P. APPLICATION FOR TAX ABATEMENT FEASIBILITY STUDY AND RECOMMENDATION e e NORTH RICHLAND HILLS ECONOMIC DEVELOPMENT DEPARTMENT NOVEMBER 2001 1 e The adopted Guidelines and Criteria for granting tax abatement in the City of North Richland Hills require staff to perform a Feasibility Study setting out the impact of the proposed reinvestment zone and tax abatement. QUALIFICATIONS TO APPLY North Hills Creek Mall, L.P. qualifies to apply for tax abatement as a regional retail and entertainmenV tourism facility. A regional retail facility is defined as "buildings and structures, including fixed machinery and equipment, used or to be used as a place of business for selling goods and services of a particular manufacturer or wholesaler. A regional entertainmenV tourism facility is defined as "buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment and/or tourism related services, from which a majority of revenues generated by activity at the facility are derived from outside North Richland Hills. e North Hills Creek Mall, L.P. is redeveloping and modernizing North Hills Mall into a family entertainment complex.. Currently, North Hills Mall is 580,000 square feet. There are plans to expand North Hills Mall an additional 200,000 square feet. Mervyn's is the only remaining anchor at North Hills Mall. New anchors will be retail and entertainment based and include a 70,000 square foot Eisenberg's Skate Park. As defined in the Guidelines and Criteria, "modernization" means the upgrading of existing facilities which increased the productive input or output, updates the technology or substantially lowers the unit cost of operation. Modernization may result from the construction, alternation, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purposes of reconditioning, refurbishing, or repairing. "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. IMPROVEMENTS The proposed modernization is located at 7624 Grapevine Highway, on 87.1214 acres one block south of the intersection of N.E. Loop 820 and Grapevine Highway. Modernization plans include renovating North Hills Mall to an indoor/outdoor Mall and 200,000 square feet of additional space for more entertainment venues, retail, and restaurants. e Improvements include a NHL-sized ice skating rink with an expanded food court and 16-screen theater with stadium seating. A Fountain Plaza Area will be constructed that contains a 400-foot wide fountain lake with an area of at least two (2) acres, a lighted fountain, an amphitheater with seating for at least 500 people, common areas, more retail and associated amenities. 2 e e e Existing retail space will also be renovated to match the look and style of the new space. Dave and Busters and Old San Francisco Steak House have announced they will be locating at North Hills Mall. North Hills Creek Mall, L.P. is working with several lenders to finance the project. Mall officials expect a lender to close on the project at the beginning of the new year. The City should receive plans for the Mall Expansion approximately six months from the closing date. Mall officials anticipate the Fountain Plaza Area will undergo construction before the interior Mall with the exception of the ice-rink where the former Stripling and Cox department store was located, which will also be under construction. Another exception is the 70,000 square foot Eisenberg's Skatepark, which the City could receive plans in as little time as thirty days. The Mall wants to have Eisenberg's Skatepark open and running by the end of the Summer 2002. Construction start: Anticipated Completion: Real Property Improvements: Spring 2002 Winter 2003 $66,000,000 APPLICATION GUIDELlNESI ECONOMIC QUALIFICATIONS An applicant must submit the Application for Tax Abatement prior to the commencement of construction. North Hills Creek Mall, L.P.'s application would qualify as it was received on November 8, 2001. For a regional retail and entertainment/tourism facility, an applicant must invest not less than five million ($5,000,000) in the facility (including both eligible and ineligible property) within three years from the commencement of construction. North Hills Creek Mall, L.P.'s application would qualify as they expect to invest $66 million on the expansion of North Hills Mall. An applicant must create and/or retain not less than 10 jobs associated with the production of goods and services at the authorized facility. North Hills Creek Mall, L.P. would qualify as they anticipate an employment increase of 321 new jobs ( 43% which would be full-time) upon completion of these improvements. APPLICATION REVIEW The City received North Hills Creek Mall, L.P.'s application on November 8, 2001. The application is attached for review purposes. The applicant is asking for a property tax abatement on the improvements to North Hills Mall, which is the incremental taxable value of the real property. 3 e The "incremental taxable value" means, with respect to any particular calendar year, the excess of (a) the value of the real property included in the Project as shown on the tax rolls of the Tarrant Appraisal District on January 1 of such calendar year, finally determined by the Tarrant Appraisal District, over (b) the fair market value of the real property included in the Project as shown on the tax rolls of the Tarrant Appraisal District as of the 2001 tax year. All requirements to make application for tax abatement have been met. Included are: a. Written Description of Project b. Statement of Improvements c. Map of Area d. Time Schedule Information e. Financial Information ECONOMIC EFFECT e · The creation of 321 jobs in the service industry, 43% which are Full-time. · An estimated $5 million (of direct impact) in payroll. · A $66 million increase in the City's real and personal property values, helping strengthen North Richland Hills' economic base. · An increase in tax revenues will allow additional money to further public purposes. · A positive impact on business and commerce redevelopment efforts along South Grapevine Highway. TAX IMPACT Our guidelines for tax abatement allow for a 500% reduction in property taxes on the improvements only and the duration of the agreement shall not exceed 10 years or one-half the economic life of the eligible property. Based on our existing tax rate of .57 cents, abatement on the increased value of $66 million would abate $1,881,000 taxes over the life of the contract. It should also be noted that taxes would not be abated on: 1) The existing structures owned by North Hills Creek Mall, L.P. 2) Land Value 3) Personal Property FUTURE GROWTH e North Hills Mall and surrounding retail have been substantially impacted by development in neighboring cities. Repositioning the mall from a retail 4 e concept only to an indoor/outdoor entertainment complex with retail tenants will make the property viable for the future so it can once again reach full-occupancy and positively impact the surrounding properties and community. RECOMMENDATION After a comprehensive review of this application, the Economic Development Department recommends that the Application for Tax Abatement submitted by North Hills Creek Mall, L.P. is approved. Respectfully submitted, John Pitstick e e 5 P Nov-05-01 11:55A NRH Economic Development 817 427 6099 P.05 e CITY OF NORTH RJCHLAND HILLS APPLICATION FOR TAX ABATEMENT Filing Instructions This application must be filed prior to the commencement of construction or the installation of equipment associated wfth the pr:)ject for which the abatement is being sought. This filing ack:1owledges that the applicant has read arid understands the "Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone in the City of North· Richland Hills", approved by the City Council on March 24, 1997. Furthermore, the applicant agrees to compíy with all requirements stated in the "Guidelines". This application will become a part of any tax abatement agreement or contract executed between the applicant and the City of North Richland Hills, and knowingly false representations therein will be grounds for voiding such agreement or contract. e An original and two copies of this application and attachments should be submitted to: Director of Economic Development City of North Richland HiJls P.O. Sox 820609 North Rich/and Hills, Texas 76182-0609 Applicant Infonnation Company Name: NORTH HTLLS CREEK MALL L. P. DBA NORTH HILLS MALL Address: 7624 GRAPEVINE HWY NORTH RICHLAND HILLS. TX 76180 Phone Number: ( RJ 7) 268 ~48Q Contact Person: BURK COLLINS Contact Person's Title: GENERAL PARTNER Type of Business: ~ Corporation x Partnership Sole Proprietorship "' e . :0 ... Nov-OS-Ol 11:S6A NRH Economic Development 817 427 6099 e e e . a P.06 Primary Activity (Goods/Service Produced): Annual Sales at Time of Application: RF.TATL SHOPPING MALL $38,000,000 (ESTIMATED) Number of Permanent. Full-time Employees at Time of Application: 162 Number of Permanent, Part-time Employees at Time of Applica:ion: 217 Project Information § Manufacturing Research Regional Ser.¡ice* Other 8asic Industry *Note: n 8 (!\ Agricultu reI Aquaculture- Regional Distribution'" Regional Enter.ainmenuTourismw REGIONAL RETAIL FACILITY Applicant must provide evidence that a majority of the revenues generated by this facility are from sources outside of Tarrant County. Type of Improvements: ~ New Plant liJ Modernization ~ Expansion Project Location (Address and Legal Description): Estimated Total Value of Improvements: Anticipated Date Construction Will Begin: $66,000,000 * SUMMER 2002 Anticipated Date Construction will be Completed: Anticipated Peak Construction Work Force: Total New Permanent Employment: Total Jobs Retained (if modemiza1icn): "'Note SUMMER 2004 UNKNOWN 700- 900 379 . Applicant must provide evidence that the company would reduce or cease operations within the City of North Richland Hills. if not for the proposed modernization. * NEW CONSTRUCTION AND RENOVATION ONLY , ..Þ Nåv-oS-Ol 11:S6A NRH Economic Development 817 427 6099 P.o'þ ·:e Public Service Requirements and School District Impact~ Volume of Treated Water Required (Gallons Per Day): Volume of Effluent to be Treated (Gallons Per Day): Number of Families to be Transferred to New Facility: 15,000 ± 9.000 .:t UNKNOWN Estimated Number of Children of School Age (K-12) In Transferred Families: UNKNOWN Other Abatement Agreement Applications Has the applicant made application for abatement of the value of real property improvements associated with this project to any other taxing jurisdiction or county? DYes G]No If yes, please provide the following information on each pending application: .e Name of Jurisdiction Date of Application Date of Pubfic Hearings (if required) Action Taken by Jurisdiction (if any) Variance Does approval of this application by the City Council of North Richland Hills require a variance from the -Guidelines and Criteria-, adopted by the CityCcuncil on March 24, 1997? [J Yes UJ No If yes, applicant must provide a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three-fourth (3/4) vote of the governing body. Attachments All applications must contain the following attachments. The City Council may not review an application until the requested information has been provided. A. A written description of the proposed use and the general nature and extent of the modemization, expansion or new improvements to be undertaken. " e . . Nov-OS-Ol 11:S6A NRH Economic Development 817 427 6099 e e e . z P. o~ B. C. A description (induding estimated value) of each improvement that will be gart of the faciliW.. '. . . A map of the facIlity location and property descrIption (including current cwnership ). A time schedule for undertaking and completing the planned imp rovements. Financial information (annual reports or tax returns) for the most recent two years of operations fer which such information is available. D. E. Assurances I do hereby certify: (1) the information provided above is, to the best of my knowledge, complete and accurate. (2) that I have received ar:d read a copy of the MGuidelines and Criteria for Granting Tax Abatement in Reinvestment Zones in the City of Ncrth Rich/and Hills", dated Mar:h 24, 1997, and that I understand the conditions ar.d terms under which a tax abatement agreement may be executed. (3) that employees andior designated representatives of the City shall have access to the facility during the period of the abatement agreement to determine if the company is in company is in compliance with the terms and conditions of the agreement, as provided in Section 7(b) of the "Guidelines and Criteria", referenced above. (4) I understand that failure to comply with the terms and conditions of the abatement agreement may result in the recapture by the City of any and all taxes previously abated by virtue of the agreement. (5) I understand that participation in an abatement agreement does not remove any oblfgation to satisfy aU codes and ordinances issued by the City or any other affected taxing jurisdiction that may be in effect and applicable at the time this project is implemented. ~~~ Qlhß! ~r Dj~ / f ~ I BURl< COq.l:NS Name of Officer (Type or Print) r.1"N1"RAT PAR1'N1"R TitJe (Type or Print) " e e North Hills Mall OVERVIEW AND STRATEGIC PLAN North Hills Creek Mall, Ltd. ("NHCM") has recognized a significant opportunity for adding value as an active owner with the above-referenced property. As the original operating agreement with the anchors began to near expiration, the previous owners devised a strategy to allow for maximum flexibility in repositioning the mall through a revised tenant mix. For the past three years, the mall managers had been instructed not to issue any new leases over one year in length. The implementation of this policy has created a significant number of short-term tenants (approximately 50% of total space). As their leases have expired over the past two to three years, the management has re-Ieased on a month-to-month or short-term basis only. This demand for flexibility in the tenant mix has resulted in decreasing rental rates and, therefore, steadily decreasing NOI as seen in the attached historical operating results. The vast majority of these short-term tenants, however, have indicated a willingness to commit to new long-term leases at current market rates. The project is perfectly positioned, therefore, for NHCM's role as an active owner with a phased expansion and re-positioning plan. The first phase of NHCM's role as an active owner is complete. The mall property was purchased in November of 1999 and plans begun for a combined entertainment and retail shopping based expansion and upgrade of current facilities. A new leasing executive was hired to implement an aggressive, upbeat leasing policy and approach quality tenants who would complement the mali's changed focus and provide a regional retail shopping/entertainment destination. This same energy was applied to the redesign of the existing space and creation of an architectural plan for the proposed expansion. The newly redesigned mall will be renamed Fountain Hills Mall. That conceptual plan is now complete and has met with approval and enthusiasm from e prospective tenants, local govemment and the public. Contracts have been negotiated with Stripling & Cox for the purchase of their former anchor site and with May Co. for the acquisition ~ September 7, 2001 Overview & Strategic Plan North Hills Mall e of the vacant parcels they own around the perimeter of the mall. Agreements have been made with Cinemark, Dave and Busters, Barnes and Noble, Times Square, Eisenbergs Skatepark, Ice America, Old San Francisco Steak House, Burlington Coat Factory, a master lease for the new food court, and other national, regional and local quality tenants. The City of North Richland Hills has given its enthusiastic approval of NHCM's plans. And the city has agreed to actively participate through the sharing of tax revenues of $36,000,000 generated by the expansion of the mall in order to offset some of the costs. NHCM is therefore now ready to begin Phase II of the business plan. Phase II is the actual creation of the new space and repositioning of the mall. The Stripling & Cox building will be transformed into an NHL regulation size ice rink with surrounding specialty retail space and a new food court. As news of our plans has spread, the leasing office e has been besieged with requests from local clubs to reserve ice time before construction of the rink has even begun. A master lease proposal has been received for the food court and tenants are being considered for every retail space. A lease has been finalized with Ice America for an NHL regulation sized ice rink. The hallmark of the mall will be located on the currently unoccupied May Co. land. This area will be transformed into a 3-acre lake with a central fountain rising 200 feet, and accented with laser lights along with the Waltzing Water Works(tm) around the fountain. The lakeside plaza will boast a 16 screen, 82,000 square foot Cinemark Theatre and a 55,000 square foot Times Square restaurant and entertainment complex. A stand alone restaurant pad of 8,000 square feet, and specialty retail building of 16,000 square feet, complete the plaza. Leading from the plaza to the mall, is a new arcade with 20,920 square feet of retail space and 2 restaurant locations totaling 24,000 square feet. The expansion totals 134,055 feet of new retail e space, including a 45,000 square foot Dave & Busters on the entry side of the mall along with a 25,000 square foot new major tenant, 87,000 square feet of additional dining and entertainment, " September 7, 2001 2 Overview & Strategic Plan , . e e , . North Hills Mall interior food court, as well as additional parking to support the new space. A phase III expansion to add a new anchor and 35,000 square feet of in-line shops is being considered as the final step in the mali's transformation into a regional entertainment destination. SUMMARY By actively managing and repositioning the mall and including the full participation of the city of North Richland Hills, an NOI of over $15.3 million dollars will be achieved. The following renderings will show the final designs and looks of the mall. 1. Elevation, as if you are on the freeway looking at the finished mall 2. Site Plan after expansion 3. A look at one of over 200 different designs of Water Works around the fountain 4. The main entrance off Grapevine Highway 26 " e September 7, 2001 3 Overview & Strategic Plan e PROPERTY TAX ABATEMENT ORDINANCE NO. 2594 WHEREAS, the City of North Richland Hills City Council has determined that the economic well-being of the City of North Richland Hills is of primary concern, and; WHEREAS, Chapter 312, Texas Tax Code, known as the Texas Property Redevelopment and Tax Abatement Act, provides that the City of North Richland Hills has the authority to create reinvestment zones within the City for purposes of economic development, and; WHEREAS, on March 24, 1997 and September 22, 1997, the City of North Richland Hills City Council, by resolution, established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of North Richland Hills to remain eligible to participate in tax abatement agreements, and; e WHEREAS, North Hills Creek Mall, L.P. has requested the designation of a reinvestment zone for the purpose of tax abatement of real property belonging to North Hills Creek Mall, L.P. for the purpose of economic development as defined under the Texas Property Redevelopment and Tax Abatement Act, and; WHEREAS, on the 2nd of December, 2001 notice was published in the Fort Worth Star-Telegram stating that a public hearing would be conducted by the City of North Richland Hills City Council on the 10th of December, 2001 to consider the request of North Hills Creek Mall, L.P. to have the property herein described in Exhibit "A" as a reinvestment zone, and; e WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the terms of the agreement and the properties subject to the agreement as presented to the City of North Richland Hills by North Hills Creek Mall, L.P. meet the applicable Guidelines and Criteria adopted by the City Council as of March 24, 1997 (and amended September 22, 1997), and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the creation of a reinvestment zone for the above stated property would be a benefit to the said property and the development anticipated to occur in the proposed zone would contribute to the economic development of the City of North Richland Hills, and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the designation of the reinvestment zone would contribute to employment within the City of North Richland Hills, Texas, and; 1 e e e WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the designation of the reinvestment zone would attract major investment in the zone. BE IT THEREFORE ORDAINED that the City Council of the City of North Richland Hills hereby designates as a reinvestment zone 87.1214 acres at 7624 Grapevine Highway, Calloway Farm Addition, Block B, Lot 1 R herein described in Exhibit "A" pursuant to the authority contained in Section 312.401 of the Texas Property Redevelopment and Tax Abatement Act. Passed in open session of the City Council this 10th day of December, 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 2 :J;~ ~¿I'" I ~ ..."~. ! c ... ~ ~'...' '. -' ·V . ,,'.~ .- ~ .......' "~ c.'.' ~ "".~ 'Fl·' ~.'~:-'-'::' ...~. ':.;;>......-1":.... ..~:.' I ~ :~.~~..-' ... ~ .:;.'; . ~.~. '::T;:, "~,':' .~., ~,' ~-' ',':'" ....;. , I;-¡?' . ±~- ! ~ It :~I I ~i '2i !! :;:: ! . \ a:: ~ w -= - <,¡ ~ '-: - -.I:L 1 ~ - .. ---.:- - = ;I ¡ \ !~ ~ ! ¡~ I ! .:¡, c... . 'r'~ \.)\ ~ r <:. ~ :~. .. 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Nf~ ! ~ ! - . - - , e e e PROPERTY TAX ABATEMENT RESOLUTION NO. 2001-070 WHEREAS, the economic viability of the City of North Richland Hills depends on the City's ability to attract new investment through the location of new business and the expansion of existing business, and; WHEREAS, the creation and retention of job opportunities that result from new economic development is the highest civic priority, and; WHEREAS, the Texas Property Redevelopment and Tax Abatement Act authorizes cities that have adopted "Guidelines and Criteria" for the designation of reinvestment zones for the purposes of tax abatement to participate in such tax abatement, and; WHEREAS, the City of North Richland Hills City Council readopted such Guidelines and Criteria by resolution on March 24, 1997 and amended them on September 22, 1997, and; WHEREAS, the City of North Richland Hills City Council has designated North Hills Creek Mall, L.P. as a reinvestment zone, and; WHEREAS, North Hills Creek Mall, L.P. has requested tax abatements for improvements to be constructed in the reinvestment zone, and; WHEREAS, the planned real property improvements will have an estimated total value of $66,000,000 and upon completion of Mall Expansion, North Hills Creek Mall, L.P. will retain 379 jobs and bring an additional 321 jobs to the City of which 138 are full-time at the facilities on which taxes will be abated, and; WHEREAS, the City Council finds that the request for tax abatement by North Hills Creek Mall, L.P. meets the applicable City Guidelines and Criteria, adopted March 24, 1997 (and amended September 22, 1997), and requirements of the Texas Property Redevelopment and Tax Abatement Act, and; WHEREAS, the City Council finds that the approval of the proposed tax abatement will not have a substantially adverse effect on the provision of government services or tax base, that the planned use of the property does not constitute a hazard to public safety, health or morals, and that the planned use of the property does not violate other codes or laws, and; WHEREAS, the City Council has held a public hearing in compliance with the City Guidelines and Criteria to provide other affected jurisdictions with an opportunity to show cause to the City Council for denying the application for tax abatement by North Hills Creek Mall, L.P. and that no such cause was demonstrated. 1 e e e NOW, THEREFORE BE IT RESOLVED that the City of North Richland Hills City Council does hereby approve the application by North Hills Creek Mall, L.P. for tax abatement associated with the improvements described in its application for such abatement, dated November 8,2001 and; BE IT FURTHER RESOLVED that the City of North Richland Hills City Council does hereby authorize the City Manager to execute the contract and other documents, as necessary, to implement an agreement for the abatement of taxes on $66,000,000 million of North Hills Creek Mall, L.P. investment in accordance with the Guidelines and Criteria. Passed by the City Council this 10TH day of December, 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 2 e THE STATE OF TEXAS: CITY OF NORTH RICHLAND HILLS: CONTRACT This instrument is an Abatement Contract executed by and between the City of North Richland Hills, ("CITY"), a political subdivision of the State of Texas, acting by and through its City Manger as heretofore duly authorized, and North Hills Creek Mall, L.P. ("COMPANY"), acting through its duly authorized officers and agents. Its terms and conditions are supported by good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. INTRODUCTION The Texas Property Redevelopment and Tax Abatement Act and all amendments thereto ("LAW") provides that the governing body of the CITY has the power to create one or more reinvestment zones for the abatement of ad valorem taxes provided that certain conditions as detailed in the LAW are met. e COMPANY owns real property ("REAL PROPERTY") located within the taxing jurisdiction of the CITY. The CITY has designated by ordinance the REAL PROPERTY as reinvestment zones ("ZONES") eligible for the abatement of ad valorem taxes. The ordinance creating the ZONE is attached as Exhibit "A". By virtue of the CITY following the requirements of the LAW in creating the ZONE, the CITY and COMPANY now exercise their rights to enter into this instrument, the terms and conditions of which are detailed below, and with the attached exhibits, constitute the full and complete agreement ("CONTRACr) between CITY and COMPANY concerning the abatement of certain ad valorem taxes from the ZONES and otherwise payable to CITY. TERMS AND CONDITIONS (1) All ad valorem taxes ("TAXES") from the ZONES otherwise owed the CITY by COMPANY and which generated by the excess value of the improvements to the Real Property for the year over the value of the Real Property for the year 2001, are hereby abated beginning with such taxes for Tax Year 2002, payable to the CITY By January 31, 2002, and ending with such taxes for the Tax Year 2011, payable to the CITY by January 31, 2011, in accordance with the following schedule: e 1 e Tax Year Amount Abated 2002 50% 2003 50% 2004 50% 2005 50% 2006 50% 2007 50% 2008 50% 2009 50% 2010 50% 2011 50% provided that the terms and conditions of this CONTRACT are met by COMPANY. TAXES from the ZONE not associated with the eligible improvements, above, and those derived from real property outside the zone are not abated. e Provided however, the amount of value with respect to which taxes can be abated cannot exceed the real property improvements eligible for tax abatement under the LAW and the CITY'S "guidelines and criteria" adopted March 24, 1997 (and amended September 22, 1997), and identified in COMPANY'S application for tax abatement dated November 8, 2001. (2) COMPANY has committed to accomplish the completion of the FACILITIES no later than January 1, 2003, spend at minimum in excess of sixty-six million dollars ($66,000,000) towards the construction of FACILITIES shall constitute default by COMPANY of this CONTRACT. A description of the proposed improvements constituting the FACILITIES, are attached to this CONTRACT as Exhibit "8". (3) Upon completion of the Mall Expansion, North Hills Creek Mall, L.P. has committed to retain 379 jobs and bring an additional 321 jobs to the City of which 138 are full-time at the FACILITIES. An employee who totals an average of not less than 40 hours per week may be considered as one full-time, permanent employee. Upon completion of the Mall Expansion, failure by North Hills Creek Mall, L.P. to bring an additional 321 jobs to the City of which 138 are full-time at the FACILITIES shall constitute default of COMPANY of this CONTRACT. e (4) Employees, and/or designated representatives of the CITY will have access to the ZONE during the term of this CONTRACT to inspect the FACILITIES to determine if the terms and conditions of the CONTRACT are being met. All inspections will be made only after the CITY or its representative(s) have given twenty-four (24) hours prior notice and will only be conducted in such a manner 2 e as to not reasonably interfere with the construction and/or operation of the FACILITIES. All inspections will be made with one or more representatives of COMPANY present, and in accordance with its safety standards. At the conclusion of the construction of the FACILITIES, COMPANY shall provide to the CITY a sworn affidavit executed by the authorized representative of COMPANY that construction of the FACILITIES are completed, and the total amount of money actually spent on the construction of the FACILITIES. e (5) In the event that (a) COMPANY allows its ad valorem taxes owed CITY to become delinquent and fails to follow in a timely and proper manner the legal procedures for their protest and/or contest; or (b) COMPANY violates any of the terms and conditions of this CONTRACT, and fails to cure during the Cure Period (hereafter provided), this CONTRACT shall be deemed in default, and then may be terminated by the CITY, and all TAXES for the period of the default, otherwise abated by virtue of this CONTRACT will be recaptured and paid to the CITY by COMPANY within sixty (60) days of the termination. In the event of default, as above defined, all actions on the part of the CITY to exercise its rights and remedies under the CONTRACT, including but not limited to, the hiring of legal counsel, incurring of fees, costs or charges of or in connection with any legal action brought by the CITY, shall be the financial responsibility of the COMPANY. No delay or failure by the CITY to exercise any right herein upon default by COMPANY or to insist upon strict compliance by COMPANY with the terms and provisions hereof, shall impair any such right or be construed to be a waiver thereof of any other provision of this contract. e (6) In the event that the FACILITIES are completed and begin operation but subsequently discontinue operation for any reason excepting fire, explosion, or other casualty or accident or natural disaster for a period of one year during the Abatement Period, the abatement of TAXES for the calendar year during which the FACILITY no longer operates shall terminate. The abatement shall be reinstated should the facilities reopen within the period of abatement. The TAXES otherwise abated for that calendar year shall be paid to the CITY within sixty (60) days from the date of termination. (7) The exemption or abatement of the taxes for the REAL PROPERTY shall continue in each year covered by the agreement only to the extent the value of the REAL PROPERTY for that year exceeds the value of the REAL PROPERTY for the year 2001. The value of the property is established by the Tarrant County Appraisal District for the year 2001 and subsequent years. Any partial construction of improvements, as well as completed improvements, on the REAL PROPERTY, will be included as part of the value. (8) Should the CITY determine that COMPANY is in default in the terms and conditions of this CONTRACT, than the CITY shall notify COMPANY at the address stated below of such claimed default, and if such is not cured within sixty (60) days from the date of such notice ("CURE PERIOD"), this CONTRACT may 3 e e e be terminated by the CITY. Any notice of default, and any notice of termination after the expiration of the CURE PERIOD shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is affected by personal delivery, the date and hour of actual delivery of notice shall be the time and date of such notice to COMPANY. Absent a postal strike or other stoppage of the mails, in the event of delivery of notice by registered or certified United States mail, the date and hour following forty-eight (48) hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail, properly addressed, and with postage prepaid, shall be the time and date of such notice to COMPANY. (9) Time is of the essence in the performance of this CONTRACT. (10) All notices required or contemplated by this CONTRACT shall be addressed as follows: If to the CITY: Attn: City Manager City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 (817) 427-6007 (817) 427-6016 FAX If to COMPANY: Attn: Burk Collins Burk Collins & Co., Inc. 1848 Norwood Plaza, Suite 214 Hurst, Texas 76054 (817) 268-5489 (817) 268-2240 FAX With a copy to: Attn: Terry Wiley North Hills Mall 7624 Grapevine Highway North Richland Hills, Texas 76180 (817) 589-2236 (817) 284-9730 FAX (11 )The terms and conditions of this CONTRACT are binding upon the successors and assigns of both parties hereto. This CONTRACT cannot be assigned by COMPANY unless permission is first granted by the CITY, which permission will 4 e not be unreasonably withheld. The COMPANY may however, transfer the property and this CONTRACT to affiliates of North Hills Creek Mall, L.P. without the permission of the CITY. The terms and conditions as stated in this CONTRACT constitutes the entire agreement of the parties and any prior discussions, representations, or agreements, if any, whether written or oral, not contained herein are of no force and effect and form no basis or part of this CONTRACT. (12) No term or condition of this CONTRACT represents an obligation upon any other affected taxing unit except as provided for under the LAW. (13) This CONTRACT was authorized by the City Council of the City of North Richland Hills, State of Texas, by a vote taken in a properly called and conducted meeting on December 10, 2001, at which time said City Council appointed City Manager Larry J. Cunningham to execute this contract on their behalf. (14) Authority to execute this contract on behalf of COMPANY was duly authorized as a result of action taken by the ownership of North Hills Creek Mall, L.P. (15) This CONTRACT is performable in Tarrant County, Texas. . WITNESS OUR HANDS, this the 10th Day of December, 2001. ATTEST: NORTH RICHLAND HILLS Patricia Hutson, City Secretary Charles Scoma, Mayor APPROVED AS TO FORM & LEGALITY: NORTH HILLS CREEK MALL, L.P. e Rex McEntire, City Attorney Burk Collins, President 5 e e e . . . , Exhibit A PROPERTY TAX ABATEMENT ORDINANCE NO. 2594 WHEREAS, the City of North Richland Hills City Council has determined that the economic well-being of the City of North Richland Hills is of primary concern, and; WHEREAS, Chapter 312, Texas Tax Code, known as the Texas Property Redevelopment and Tax Abatement Act, provides that the City of North Richland Hills has the authority to create reinvestment zones within the City for purposes of economic development, and; WHEREAS, on March 24, 1997 and September 22, 1997, the City of North Richland Hills City Council, by resolution, established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of North Richland Hills to remain eligible to participate in tax abatement agreements, and; WHEREAS. North Hills Creek Mall, L.P. has requested the designation of a reinvestment zone for the purpose of tax abatement of real property belonging to North Hills Creek Mall, L.P. for the purpose of economic development as defined under the Texas Property Redevelopment and Tax Abatement Act, and; WHEREAS, on the 2nd of December, 2001 notice was published in the Fort Worth Star-Telegram stating that a public hearing would be conducted by the City of North Richland Hills City Council on the 10th of December, 2001 to consider the request of North Hills Creek Mall, L.P. to have the property herein described in Exhibit "A" as a reinvestment zone, and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the terms of the agreement and the properties subject to the agreement as presented to the City of North Richland Hills by North Hills Creek Mall, L.P. meet the applicable Guidelines and Criteria adopted by the City Council as of March 24, 1997 (and amended September 22, 1997), and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the creation of a reinvestment zone for the above stated property would be a benefit to the said property and the development anticipated to occur in the proposed zone would contribute to the economic development of the City of North Richland Hills, and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the designation of the reinvestment zone would contribute to employment within the City of North Richland Hills, Texas, and; ~ . 1 . . e . .. WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the designation of the reinvestment zone would attract major investment in the zone. BE IT THEREFORE ORDAINED that the City Council of the City of North Richland Hills hereby designates as a reinvestment zone 87.1214 acres at 7624 Grapevine Highway, Calloway Farm Addition, Block B, Lot 1 R herein described in Exhibit "A" pursuant to the authority contained in Section 312.401 of the Texas Property Redevelopment and Tax Abatement Act. Passed in open session of the City Council this 10th day of December, 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 2 ~'\. '-, . " / ' /, ":\ -_ 'r.~_,~":'·~' ~ -: ~~:\ /", "'''1. . /' , N; /<~-,-j . ~ ~\ '\--": ~~~ J'-.~ .l- \9\ ',- ~~:: r ~ \~'. > "'~ "\~ "'" . - /" r. , "- '... ~ 'tt. "~ ...,-3 / -7" " 4, 1. 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Potential anchors include an Eisenberg's Skatepark in 2001, a Dave and Busters, Old San Francisco Steak House, ice skating rink, and movie theater in 2002. A Fountain Plaza Area will be constructed by the Owner to contain a lake with an area of at least two (2) acres, a lighted fountain, an amphitheater with seating for at least five hundred (500) people, common areas, retail kiosks and associated amenities. 1 ·' " If . <: LlJ a::: <: <: N z ::s < w ~ a.. ~ z J: « ::;) >< Z ...J 0 Ü 1.1.. LlJ ~ « 0 N W ~ Z I :::> 0 0 :::¡ u.. ....-....., , , ...--.....- , , , _.._4> ...---' ùG U) 0:: ~ W OU) ~ -w <: ~- w ..J!:: :!: -z ~ ~W 5: w:E 0. 0::<: ~ U)-@ ~ «~ <: ~~ w «U U) zO 25 oU) LO :E~ :EO Oz U« J ---- ~ j ~ j ~ j .~ ¡ Ii CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 12/10/01 Subject: Consider Authorization of a Sales And Beverage Tax Agenda Number:GN 2001-116 Rebate Grant for North Hills Mall Expansion - Resolution 2001-071 On August 16, 2000, the City Council approved a tax incentive agreement with North Hills Mall. The tax incentive agreement established the following: · A property tax abatement on 50% of real property taxes for ten years on improvements made in the Mall expansion · A rebate of 80% of sales and beverage tax receipts for 15 years above $900,000 in sales and beverage tax receipts in the Mall expansion · A grant for $3 million in infrastructure improvements for the Mall expansion As North Hills Mall moves further along in its plans for the Mall expansion, in accordance with state laws and requirements of the original agreement, staff is now bringing forward a resolution pertaining to the rebate of sales taxes that must be passed prior to January 1, 2002. Staff is asking for Resolution No. 2001-071 to be passed authorizing the City Manager to execute a contract to implement the sales and beverage tax rel;>ate grant with North Hills Creek Mall, L.P. The contract establishes the procedures for administering the sales tax rebate grant. It also requires the Mall expansion to be complete by January 1, 2003. If the Mall expansion is not finished immediately prior to this date, the entire agreement with North Hills Mall will have to be renegotiated or will be null and void. A resolution and contract pertaining to the $3 million in public infrastructure improvements for the Mall expansion will be brought forward at a later time. Staff plans to bring these documents forward after North Hills Creek Mall has the actual engineering plans for the public infrastructure improvements. Sales and BeveraQe Tax Rebate Grant In accordance with Chapter 380.001 of the Texas Local Government Code, staff has written an Economic Development Agreement putting procedures into place for a rebate of sales and beverage taxes on 80% of the retail sales and beverage tax receipts for 15 years. In order to receive the sales tax rebate, North Hills Mall is required to meet an annual sales and occupancy requirement. The annual sales requirement calls for sales and beverage tax receipts in excess of $900,000, all sales and beverage tax receipts of $900,000 or less shall not be eligible for rebate. An average annual occupancy rate of 75% has to be maintained as well. The contract places a cap on the amount of abatements and grants North Hills Mall can receive from the City and the length of time North Hills Mall can continue to receive incentives. If the cumulative amount of incentives granted by the City reaches $33,000,000, or the term of the sales tax rebate shall expire, which is set for the tax year 2016, North Hills Mall shall not receive any further incentives from the City. Staff recommends adoption of the sales and beverage tax rebate grant. North Hills Creek Mall, L.P. has indicated that a sales tax rebate would help defray a portion of the costs associated with the mall expansion Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number --J~ Department Head Signature Finance Director "- ~ , ~ CITY OF NORTH RICHLAND HILLS e and would be a contributing factor to moving forward with the mall expansion. The sales tax rebate will have a significant economic impact to the City. The mall expansion is projected to increase sales tax revenues derived from existing businesses as well as to generate new sales tax revenues from new businesses. An increase in sales tax revenues will allow additional money to further public purposes. RECOMMENDATION City staff recommends that Council act on the following item: 1. Approval of Resolution No. 2001-071 authorizing the City Manager to execute a Sales and Beverage Tax Rebate Grant with North Hills Creek Mall, L.P. As a result of attached letter. staff is recommendina approval of a one year extension on the Sales and Beveraae Tax Rebate Grant Contract per North Hills Mall Reauest. ATTACHMENTS · North Hills Mall Letter Requesting Extension of Sales and Beverage Tax Rebate Grant · Resolution Authorizing Sales and Beverage Tax Rebate Grant . CITY COUNCIL ACTION ITEM e e e . " SALES AND BEVERAGE TAX REBATE GRANT RESOLUTION NO. 2001-071 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN NORTH HILLS CREEK MALL, L.P. AND THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR A REBATE OF SALES AND BEVERAGE TAXES ON 80% OF THE RETAIL SALES AND BEVERAGE TAX RECEIPTS GENERATED DURING THE TERM OF THIS AGREEMENT WHEREAS, North Hills Creek Mall, L.P. has requested economic development incentives from the City of North Richland Hills for a 200,000 square foot expansion to be located at North Hills Mall at Grapevine Highway and one-half block south of Loop 820 in the City of North Richland Hills; and WHEREAS, Local Government Code Chapter 380 allows local governments to establish programs to promote economic development and stimulate business activity; and WHEREAS, The ultimate goal and public purpose of economic development agreements and programs is to attract new employers, jobs, and investments into the City, strengthen the City's tax base, and enhance the City's ability to provide municipal services to citizens; and WHEREAS, The City's ability to provide the necessary public services is directly related to its ability to derive revenue from economic activity; and WHEREAS, A significant share of the operating revenue of the City is derived from sales tax revenue from retail economic activity; and WHEREAS, The proposed expansion project is projected to increase sales tax revenues derived from existing area businesses as well as to generate new sales tax revenues from new businesses; and WHEREAS, Competition is intense among regional malls and the proposed expansion project will enhance the City's ability to attract shoppers from throughout the region, and will thus make a unique contribution to the City of North Richland Hills and the City's economy; and WHEREAS, The City finds that the Expansion Project is feasible, would be a benefit to the City, would contribute to the retention and expansion of primary employment in the City, and would increase ad valorem tax revenues and sales tax revenues in the City, and WHEREAS, Based on these findings, City proposes to execute an Economic Development Agreement allowing North Hills Creek Mall, L.P. a grant equivalent to 80% of the retail sales and beverage tax receipts generated during the term of this agreement; and WHEREAS, City finds that the Economic Development Agreement will directly accomplish a public purpose, and that the proposed transactions 1 e e e . .. involving the use of public funds and resources contain sufficient controls to protect the public interest; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: I. That all of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its official record. II. That the City Manager or his designee is authorized to execute an Economic Development Agreement with North Hills Creek Mall, L.P., and other necessary or required parties, authorized by V.T.C.A. Local Government Code, Chapter 380. III. In authorizing the execution of and in executing the referenced agreement, the City of North Richland Hills, Texas, through its City Council and City officials, hereby exercises a governmental function in accordance but not limited to Section 101.0215 of the Texas Civil Practices and Remedies Code. IV. A substantial copy of the agreement is attached hereto and incorporated herein for all intense and purposes. PRESENTED AND PASSED on this the 10th day of December, 2001, at a regular meeting of the City Council of North Richland Hills, Texas. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: Rex McEntire, City Attorney , 2 e This Economic Development Agreement ("Agreement") is made by and among the CITY OF NORTH RICHLAND HILLS, TEXAS, a home rule municipality, (the "City"), and NORTH HILLS CREEK MALL, L.P., a Texas limited partnership, ("Owner"), acting by and through its respective authorized officers and representatives: RECITALS: e WHEREAS, North Hills Creek Mall, L.P. owns a portion of the land and improvements comprising a retail mall on an approximately 87.1214 acre tract of land located along State Highway 26 ("Grapevine Highway"), one-half block south of Loop 820 in North Richland Hills, Texas; and WHEREAS, North Hills Creek Mall, L.P. has requested economic development incentives in order to construct approximately 200,000 square feet or more of additional entertainment and retail space and related parking ("Mall Expansion") to improve and expand the economic performance of the mall; and WHEREAS, The improvements are necessary for the development and construction of the Mall Expansion and will promote economic development, stimulate business and commerce, create additional employment opportunities and generate tax revenue; and WHEREAS, North Hills Creek Mall, L.P. has advised City that a contributing factor that would induce Owner to develop the Mall Expansion would be an agreement by City to provide an economic development grant to Owner to defray a portion of the costs to be incurred by owner as a consequence of developing and constructing the Mall Expansion; and WHEREAS, City is authorized by Article III, Section 52-a of the Texas Constitution and Section 380.001 of the Texas Local Government Code to establish economic development programs and to provide grants; and WHEREAS, City has determined that providing economic development incentives will further the public purposes and economic development goals of the City; NOW THEREFORE, in consideration of the foregoing and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Owner agree as follows: I. Incorporation of Recitals The recitals above are hereby incorporated into and made a part of this Agreement. ~. e 1 . '< e e e , y II. Definitions "Anchor Occupant" - means an Occupant of the Project meeting all of the following conditions: (a) such Occupant is in occupancy of the Project and is operating within the Project a retail store of the Requisite Quality containing at least 25,000 leasable square feet; and (b) such Occupant either owns fee simple title to the site of its store or occupies the Project pursuant to a lease with an initial term of at least (8) years and with a renewal option to extend the term of such lease for an additional term of at least seven (7) years. "Annual Period" - means a calendar year. "Annual Sales Requirement" - means Retail Sales resulting in sales and beverage tax receipts in excess of $900,000, it being understood and agreed that sales and beverage tax receipts of $900,000 or less shall be retained by the City in their entirety and shall not be eligible for rebate of any kind whatsoever under this Agreement. "Beverage Tax Receipts" - means alcoholic beverage taxes actually received by the City pursuant to Chapter 183 of the Texas Tax Code which were generated from the sale of alcoholic beverages within the Mall Expansion. "Completion" - the date upon which certificates of occupancy have been issued for all portions and all phases of Mall Expansion. "Existing Mall" - means real property improvements located on the premises on the effective date of this Agreement. "First Annual Period" - means that first full calendar year beginning January 1 following completion and ending on December 31 of such year. "Ineligible Uses" - means the operation of any of the following businesses: (a) any type of discount store; (b) a grocery store or supermarket; (c) a resale or consignment store; (d) a home improvement store; (e) any store containing an outdoor storage or sales area of any kind (unless the written consent of the City Manager is obtained with respect thereto); or (f) any sexually oriented business. By incorporating the concept of Ineligible Uses into this Agreement, the parties do not intend to prohibit the Owner from using the Mall Expansion for any Ineligible Use (it being agreed that zoning and other applicable laws shall be determinative of whether a particular use of the Project is prohibited); rather, the parties intend that if the Project is used for any Ineligible Use, Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement, as more specifically set forth hereinafter. "Mall Expansion" - means approximately 200,000 square feet or more of additional restaurant, entertainment and retail space and related parking, including a 3-acre lake with a central fountain, 16 screen theatre, and ice rink. "Occupant" - means an occupant of the Project that is operating a store within the shopping mall included in the Project and either (a) owns fee simple title to the site of its store, or (b) operates its store pursuant to a written lease agreement with Owner. "Premises" - means land and improvements owned by North Hills Creek Mall, L.P. comprising a retail mall on an approximately 87.1214 acre tract of land located along State Highway 26 (Grapevine Highway), one-half block south of 2 e e Loop 820 in North Richland Hills, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes. "Requisite Quality" - as used herein to describe a retail store means a retail store of a quality not less than the general quality of the stores located in Grapevine Mills Mall, 3000 Grapevine Mills Parkway, Grapevine, Texas. "Retail Sales" - means those sales made in either the Mall Expansion or Existing Mall which are subject to the State of Texas Sales and Use Tax collected and remitted to the Comptroller of Public Accounts of the State of Texas ("State Comptroller") by the tenants of the Mall Expansion or Existing Mall and/or Owner. If Owner allows a store in the Existing Mall or any location in the City of North Richland Hills to move to the Mall Expansion ("Vacating Store"), sales produced by the Vacating Store in the Mall Expansion will not be included in the calculation of Retail Sales until the following occurs: within 6 months of the date the Vacating Store conducts business in the Mall Expansion, the Vacated Store must be sold or leased to a store ("New Store") that produces on a per square foot basis an amount of sales within 10% of the Retail Sales produced by the Vacating Store in the quarter immediately preceding vacating the space. Owner must certify in accordance with Article VII of this Agreement that this 10% requirement has been met for sales produced by the Vacating Store in the Mall Expansion to continue to be included (beyond six months) in the calculation of Retail Sales for purposes of determining grant amounts in accordance with this Agreement. "Sales Tax" - means the local sales and use tax imposed by the City resulting directly from Retail Sales on the Premises. "Sales Tax Granf' - means the Sales Tax Grant described in Article VII. Of this Economic Development Agreement, and sometimes referred to as "Grant. " III. Term The term of this Agreement shall commence on January 1,2002, and end on December 31,2016, subject to earlier termination as provided in this Agreement. In no event shall the Sales Tax Rebate Period extend beyond December 31,2016. IV. The Mall Expansion Owner agrees without cost to the City to design, construct, operate and manage or cause to be designed, constructed, operated and managed the Mall Expansion on the Premises and other ancillary facilities such as reasonably required parking and landscaping more fully described in submittals filed by Owner with the City from time to time in order to obtain a building permit. The approximate location of the Mall Expansion will be shown on a Site Plan of the Premises to be submitted to the City. Conceptual renderings of the Mall Expansion are attached hereto as Exhibit "B" and made a part hereof for all e purposes. . 'f 3 e A. e e , '1: V. Owner ReQuirements In consideration of the City entering into this Agreement providing for the payment of funds constituting a grant to Owner under the terms and conditions set forth herein, Owner agrees: B. Subject to events of force majeure, to accomplish the completion of the Mall Expansion no later than January 1, 2003, or in accordance with any extension that may be granted in the sole discretion of the City, which extension shall not be unreasonably withheld; Owner, its agents and representatives shall not pursue real property value reduction below the 2001 tax year value of the Premises from the Tarrant Appraisal District. To provide certification of an average annual occupancy rate of 75% based on gross leasable square footage of the Mall Expansion, which occupancy rate must be maintained after Completion ("Occpancy Requirement"). The project is occupied by Occupants operating retail stores of the Requisite Quality which are either businesses operating in the Existing Mall as of the date of this Agreement or New Businesses. The ice-skating rink in the Mall Expansion is open and doing business. Eligible Anchor Occupants occupying, in the aggregate, at least 175,000 square feet of gross leasable area of the Mall Expansion have stores within the shopping mall that are open and doing business. To operate the Premises as a first class regional mall so that the area included in the Existing Mall produces Retail Sales during each Annual Period, beginning with the First Annual Period, in the minumum amount of the Annual Sales Requirement. That in the event Owner fails to comply with subsection (a) or (b) of this Section V., this Agreement shall terminate and be of no further effect and the City shall not be obligated to make any Grant Payments hereunder or to comply with any other obligations created herein. In the event Owner fails to comply with subsections (c) or (g) of this Section V. in any Annual Period, after the First Annual Period, it shall not be entitled to any Grant Payments for the Annual Period of noncompliance. C. D. E. F. G. H. VI. Damaae to Mall Expansion Of during the term of this Agreement, the Mall Expansion is wholly or partially destroyed or damaged by fire, or any other casualty whatsoever, Owner shall repair, replace, restore and reconstruct the Mall Expansion in a good and workmanlike manner. Prior to the commencement of such restoration, the conceptual plans and specifications for the restoration must be approved by City (such approval not to be unreasonably withheld or delayed). 4 e A. e e , , B. VII. Grant Amount. Payment Terms and Conditions Grant Amount. Subject to compliance with all terms and provisions of this Agreement, the Owner shall be entitled to receive and the City shall provide Owner with a Grant from lawfully available funds equal to 80% of all Retail Sales Tax and 80% of all Beverage Tax Receipts collected by the City from the State Comptroller resulting from Retail Sales and Beverage Tax Receipts in the Mall Expansion only, during the term specified in Article XI. herein. Installments. On or before March 1 of each year, Owner shall provide to the City a tax summary setting forth the Retail Sales Tax and Beverage Tax Receipts for the immediately preceding calendar year. All grant payments by the City to Owner during any Annual Period, other than the Grant payment for the fourth Quarterly period, are to be made following receipt by the City of the Retail Sales and Beverage Tax payments from the State Comptroller for the applicable Quarterly Period or Quarterly Periods and within thirty (30) days of receipt by the City from Owner of a summary; of the data received by Owner from the State Comptroller detailing the Sales and Beverage Tax reported and paid as a result of the Retail Sales Tax. Owner's summary of data shall be certified as required in Article X. The Grant Payment for the fourth quarter of an Annual period shall be made in accordance with Article X., subsection (b) of retail sales and beverage tax receipts at intervals other than quarterly, this section and Article X shall be read to apply to the last interval of an Annual Period for which the State Comptroller pays the retail sales and beverage tax receipts relating to such interval. Failure to Meet Annual ReQuirements. Owner, beginning with the First Annual Period, shall comply with the Annual Sales and Occupancy Requirement as set forth herein in order to qualify for any Grant payments. If Owner fails to comply with the Annual Sales or Occupancy Requirement during the First Annual Period or any subsequent Annual Period, then Owner shall not be entitled to receive or retain any Grant payments for the Annual Period(s) during which such noncompliance occurs. Repavment to City. If Owner fails to meet the Annual Sales or Occupancy Requirement during any Annual Period, Owner shall be obligated to repay to the City any Grant payments it previously received for retail sales and beverage tax receipts attributable to such non- qualifying Annual period. Such refund or repayment shall be made within thirty (30) days of written request from the City. Credit AQainst Grant Payments. If Owner fails to comply with the repayment requirements of D. above, then any future Grant payments to which Owner shall be entitled shall be held by the City and applied as credits to the sum due and owing to the City. Failure of Owner to meet either the Annual Sales or Occupancy Requirement during any Annual Period shall not prevent it from being qualified to receive Grant Payments in the following Annual Period. However, Owner shall not be entitled to be C. D. E. 5 e A. e e . " paid such subsequent Grant Payments unless and until all such prior Grant payments to which Owner was not entitled are fully reimbursed B. VIII Grant Limitations Under no circumstances shall the Grant payment calculations include any receipts from City's imposition and collection of retail sales and beverage tax receipts for taxable items at any other location, business, establishment, or entity, other than the Mall expansion. City shall have the right to withhold payment of any rebate in respect of one or more tenants that the City may dispute until the City is provided with such additional information as the City shall reasonably require. If the City is unable to confirm the amount of retail sales and beverage tax receipts generated from the business of an Occupant, then such Occupant shall be deemed to have generated no sales and use taxes for purposes of calculating the rebate of Retail Sales in the Mall Expansion. City's obligation to provide the Grant shall be limited to the extent of lawfully available funds from City's collection of sales tax receipts from the Mall Expansion. Under no circumstances shall City be obligated to provide the Grant unless adequate sales tax receipts from the Mall Expansion are available. The parties specifically agree that the foregoing grant shall not apply to, and nothing contained in this Agreement shall effect the obligation of Owner to pay, sales, use or other taxes payable to the Crime Control District or the Park Development Corporation. C. D. E. IX. Ineligible Uses In the event that (a) any of the Conditions for Eligibility are not fulfilled at any time during the term of this Agreement or (b) the Mall Expansion or Existing Mall is used for an Ineligible Use, then Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement. A. X. Annual Qualification Procedures On or before March 1 of each year, Owner shall provide to the City a tax summary and such additional information as may be reasonably requested by the City, setting forth the Retail Sales Tax for the immediately preceding calendar year, establishing its compliance with the Annual Sales Requirement and verifying Retail Sales and occupancy during the preceding Annual Period. All such reports and information shall be certified by an authorized officer or agent of Owner to be true and correct to the best knowledge of Owner. City shall pay the installment for the fourth Quarter of any Annual Period as referenced in Article VII. Section B., not later than thirty (30) days after B. 6 C. the submission by Owner of the reports of the supporting data and additional information described in A. above. Upon reasonable prior notice, the City shall have the right to inspect and audit all supporting data, information and materials received by Owner from the State Comptroller, as well as the books and records of Owner pertaining to any financial or other matters addressed in this Agreement. e XI. Term of Grant The obligation of the City to pay the Grant payments to Owner under the terms of this Agreement shall begin in the first full Annual Period following Completion and shall end upon payment by the City to Owner of the final Grant Payment based on sales taxes collected by the City from the State Comptroller relating to retail sales and beverage tax receipts in the Mall Expansion during the fifteenth Annual Period, subject to earlier termination under the terms hereof. Subject to its prior compliance with all the terms and provisions of this Agreement, all obligations of Owner hereunder shall also end on the termination date described in this Section. e XII. Maximum Incentive Notwithstanding anything contained herein to the contrary, in no event shall the sum of (a) the cumulative amount of tax abatements granted by the City (b) the cumulative amount of grants of retail sales and beverage tax receipts made by the City under this Agreement, exceed the sum of Thirty Three Million Dollars ($33,000,000). Accordingly, notwithstanding any other provision of this Agreement, if the sum of the amounts described in clauses (a) and (b) of the preceding sentence reaches Thirty Three Million Dollars ($33,000,000) prior to the expiration of the terms of this agreement, then as of such date Owner shall not be entitled to any further grants or other incentives from the City. XIII. Default In the event, Owner breaches any of the terms and conditions of this Agreement, then Owner shall be in default under this Agreement. In the event of such default, the City shall give Owner written notice of such default, and if Owner has not cured such default within ninety (90) days of said written notice, this Agreement may be terminated by the City, in which event Owner shall no longer have the benefit of any abatement or grants set forth herein effective as of the date of such termination. Notice shall be given with Section 26 hereof. e XIV. Force Majeure It is expressly understood and agreed by the parties to this Agreement that the parties shall not be found in default under this Agreement if 7 . 1: e any party's failure to meet the requirements of this Agreement is delayed due to force majeure, which terms shall include strikes, riots, acts of God, shortages of labor or materials, war, governmental approvals, laws, regulations or restrictions, or any other cause of any kind whatsoever which is beyond the reasonable control of the party. XV. Assignment Only upon prior written notice to City, Owner, its legal representatives or successors in interest may, by operation of law or otherwise, assign, mortgage, pledge, encumber otherwise transfer this Agreement or any part thereof, or any interest of Owner or under this Agreement. Any document assigning this Agreement must be acceptable in form and content to the North Richland Hills City Attorney. e XVI. Total Taking If all of the Mall Expansion and Premises is taken under power of eminent domain (which term as used in this Agreement shall include any conveyance in avoidance or settlement of condemnation or eminent domain proceedings) or other similar proceeding, then this Agreement shall terminate as of the date of taking of possession by the condemning authority; provided however, Owner shall be compensated by the condemning authority for the fair market value of this Agreement. XVII. Partial Taking City and Owner agree that if less than all or substantially all of the Mall Expansion and Premises is taken under power of eminent domain or other similar proceeding, then this Agreement shall nevertheless continue in effect as to the remainder of the Mall Expansion and Premises; provided, however, that if City and Owner both agree within thirty (30) days following the taking that so much of the Mall Expansion and Premises has been taken or condemned as to make it economically unsound to attempt to use the remainder thereof for the conduct of owner's business thereon, then this Agreement shall terminate upon possession of such portion of the Premises by the condemning authority; provided however, Owner shall be compensated by the condemning authority for the fair market value of this Agreement. In the event of a partial taking of a portion of the Existing Mall which does not result in a termination of this Agreement, the Annual Sales Requirement shall be reduced in a proportion equal to the proportion by which the gross leasable area of the Existing Mall has been reduced as a result of such partial taking." e XVIII. Termination This Agreement terminates upon the following: ~. 8 . :: e A. B. e C. By written mutual agreement of the parties; By City, if Owner defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within ninety (90) days after written notice thereof by City or cured within a reasonable time when Owner is diligently pursuing the cure of a default that cannot reasonably be cured within ninety (90) days after written notice thereof by the City; By City if subject to force majeure, Owner fails to operate and maintain the Mall Expansion or fails to cause the Mall Expansion to be operated and maintained as a retail shopping center; By City, if, after the first date a certificate of occupancy is issued for the Mall Expansion, Owner fails to use and operate the Mall Expansion as a first class retail shopping center open to the public and such failure continues for more than two (2) months in any twenty-four (24) month period (except in connection with, and to the extent of any event of force majeure). D. XIX. Representations of Owner The Owner hereby represents and warrants that Owner has full power to execute and deliver and perform the terms, duties, and obligations of this Agreement and all of the foregoing has been duly and validly authorized by all necessary proceeding. This Agreement constitutes the legal, valid and binding obligations of Owner, enforceable in accordance with its terms. XX. Representations of City The City hereby represents and warrants that it has full constitutional and lawful right, power and authority, under current applicable law, to execute and deliver and perform the duties and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, enforceable in accordance with its terms. XXI. Bindina Aareement The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. XXII. Limitation on Liability It is understood and agreed by the parties that Owner, in the development of the Mall Expansion and satisfying the conditions of this Agreement, is acting independently and the City assume no responsibilities or liabilities to third parties e in connection with these actions. Owner agrees to indemnify and hold harmless , ~ 9 e the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of Owner's obligations (but not the obligations of the other party) under this Agreement, except to the extent caused by the acts or omissions of the City, or its respective agents, employees, contractors, representatives and licensees. XXIII. No Joint Venture It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, past, present and future officers, elected officials, employees and agents of the City do not assume any responsibilities or liabilities to any third party in connection with the development of the Mall Expansion or the design, construction or operation of the Mall Expansion. e XXIV. Access to Mall Expansion Owner further agrees that the City and its agents and employees shall have a right to reasonable access to the Mall Expansion, upon reasonable advance written notice and subject to any security requirements, if any, to inspect the Mall Expansion in order to insure that the construction of the Mall Expansion is in accordance with this Agreement and all applicable Federal, State and local laws and regulations. XXV. Authorization Owner represents that it has full capacity and authority to grant all rights and assume all obligations that it has granted and assumed under this Agreement. XXVI. Notice Any notice required or permitted to be delivered hereunder shall be deemed received three (3) business days thereafter sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. e If intended for the City: Attn: City Manager City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 (817) 427-6007 (817) 427-6016 FAX 10 . .. e If intended for the Owner: Attn: Burk Collins Burk Collins & Co., Inc. 1848 Norwood Plaza, Suite 214 Hurst, Texas 76054 (817) 268-5489 (817) 268-2240 FAX with a copy to: e Attn: Terry Wiley North Hills Mall 7624 Grapevine Highway North Richland Hills, Texas 76180 (817) 589-2236 (817) 284-9730 FAX XXVII. Governing Law This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in Tarrant County, Texas. XXVIII. Amendment This Agreement may be amended by the mutual written agreement of the parties. XXIX. Legal Construction In the event anyone or more of the provisions contained the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. xxx. Covenants Running with the Premises The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding upon the Owner, its successors and assigns and each and every subsequent owner, tenant, subtenant, licensee, e manager or occupant of all or any portion of the Premises, but only during the 11 . '( e e e , .. term of such party's ownership, tenancy, sustenance, licensee, management or occupancy of the Premises (except with respect to defaults that occur during the term of such party's ownership, tenancy, sustenance, license, management or occupancy of the Premises for which party shall remain liable) who acquire any right, title, or interest in or to the Premises or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. XXXI. No Conflicts of Interest The City represents and warrants that the real property upon which the Mall Expansion is to be located is not owned by any officer or employee of the City. XXXII. Recordation of Aareement A certified copy of this Agreement shall be recorded in the Deed Records of Tarrant County, Texas. XXXIII Survival of Covenants Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. XXXIV Counterparts This Agreement may be executed in counterparts. Each of the counterparts shall be deemed in original instrument, but all of the counterparts shall constitute one and the same instrument. XXXV. Execution of Aareement This Agreement is void if not executed within ninety (90) days after the date this Agreement is authorized by the City of North Richland Hills City Council; unless extended by written agreement executed by OWNER and the City Manager or his representative. This Agreement has been authorized by City Council Resolution No. 2001-071 EXECUTED on this 10th day of December 2001. 12 e e e . .. Approved as to Form: By: Rex McEntire, City Attorney Attest: By: Patricia Hutson, City Secretary City of North Richland Hills, Texas By: Larry Cunningham City Manager North Hills Creek Mall, L.P. By: Burk Collins President 13 ~.. ~,' ~ ,. \::¡c ,...,. ·v· "....~>' .- ~ ......' - , ""'Ç{ ~'.' ... 'J"'.' ',I:Ow".-..··.... -,-"",.,. .....< ~4'·' - ¡- -:.... ".":.,,:; ::: iiJ·-',< .' ..~,¡.,I., :...1)...... '!.~ F"'!l'o .... ..··T "i:;:/J . '-;~~:~~:~ñ;::: ~:. ··~i~~~t._....~~:· ..-~. 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I ~ i ~ .~ ~ f ~ I . ! ~ .. ! - - L.-L ,- - - ..~ 5,' !! .: 1::, -: , ::: - \ e e e , .. - Exhibit B North Hills Mall will construct approximately 200,000 square feet in improvements. Potential anchors include an Eisenberg's Skatepark in 2001, a Dave and Busters, Old San Francisco Steak House, ice skating rink, and movie theater in 2002. A Fountain Plaza Area will be constructed by the Owner to contain a lake with an area of at least two (2) acres, a lighted fountain, an amphitheater with seating for at least five hundred (500) people, common areas, retail kiosks and associated amenities. ,. 1 tT1 x ::r _. u w ~~ -;..:" ~. :l.f'{; ~ ;~r ~L ~... ~.. ...-. ~~:: _. ~ . J ~ J . ~ ~ ~ ~ t l L-: e -r I I . '" . ~/':f: ~ ";,~~ .~ ~ ~~'"' ,~~ ¡:;;; ~. 5~tí.\\\\'-II&~iIJ!;~. ~. , it,,:> '':\f¡.,:. ...,~,~. ". i#':fP":,, ~, '", ~~ ~ ~ ~ ~\.'v._-:. ., ~\\.~ . ',£=;~_. ~~~~~t ~, i:,_. ¡¡;':~: ..;~ ;;<-~., ;¡¡ .~. ~.--',. ;¡Ø¡, ~,.: ~'-~:;r~" .\\.~~, '->.,',:::" ':r,;' .....-.."- ~:._-;:~.. ~ - -';~tJr:.¡L ·~\~~~t;'¡¡~j'L I ---c~~ ~ /-"¡ ~ ~ '~-'l /-, !----- ~ , , >(") zC) :::;~ - "-' >~ ~ :-:"1 > ::.no ~ =: () ~'1 Z UJ .., 0> '~> ::::J :> =- " >;-n ....., z iT1 ....> > ...... ê-~ ~ ~ ~m _ :;::;;; z= ~ =" - :i1::::: ~ UJø ::J " UJ ( \! i ( ì i , ! ï'1 o c Z --i > Z U ï > N > > :;¡:¡ m > m. Xi J: c:::J --i I o:¡ L -- " I i I J ì I I CITY OF NORTH RICHLAND HILLS Department: City Council Council Meeting Date: 12/10/01 Subject: Act on Any Matter Listed Under Executive Session Agenda Number: GN 2001-117 The purpose of this agenda item is to provide authority for the city council to take action related to the deliberation and discussion from the Executive Session on December 10. Recommendation: To take action, on any matters related to the Executive Session discussion of December 10. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Department Head Signature Finance Director Page 1 of · e - Announcements and Information December 10, 2001 Announcements Join us for Pet Photos with Santa on Thursday, December 13th. Bring your family pet and have its photo taken with Santa. The photos are $5.00 and the proceeds go to the Shelter Injured Animal Fund. Pet Photos with Santa begin at 7:00 p.m. at the Animal Shelter located at 7200 C Dick Fisher Drive. The next City Council meeting will be Monday, December 17th. We have moved the regular scheduled meeting from December 24th to this date due to the holidays. The Council Meeting will be held at City Hall beginning at 7:00 p.m. The City Offices will be closed on Tuesday, December 25th for the Christmas Holiday. The City will resume its regular operations on Wednesday, December 26th, The City Offices will be closed on Tuesday, January 1st for the New Year Holiday. The City will resume its regular operations on Wednesday, January 2nd. NRH Employees is collecting money for their annual giving to the Community Enrichment Center. Each year, the employees give for the benefit of families in need in our area. NRH employees also provide toys for the Santa Cops program. We will be giving our contributions on Friday, December 14th. Information December 15 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 December 27 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570