AGENDA SUNNYVALE 4B DEVELOPMENT CORPORATION BOARD …

AGENDA

SUNNYVALE 4B DEVELOPMENT CORPORATION BOARD OF DIRECTORS

TUESDAY, MAY 12, 2015 TOWN HALL – 127 N. COLLINS RD.

6:30 P.M.

CALL MEETING TO ORDER President calls meeting to order, state the date and time. State Members present and declare a quorum present. PUBLIC FORUM Citizens may speak on any matter other than personnel matter or matters under litigation. No actions or discussion will be taken until such matter is placed on the agenda and posted in accordance with law. Please observe the time limit of three (3) minutes. 1. POSSIBLE ACTION AND DISCUSSION OF REGULAR MEETING MINUTES

FROM APRIL 2015

2. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION OF THE APRIL 2015 FINANCIAL REPORT AND RELATED FINANCIAL ITEMS

3. PRESENTATION, PUBLIC HEARING, POSSIBLE ACTION, AND DISCUSSION

REGARDING THE ADDITION OF A NEW SOCCER FIELD AT ROBERT VINEYARD PARK

4. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING A

COMPREHENSIVE MASER PLAN FOR THE DEVELOPMENT OF SAMUELL FARM NORTH PARK IN ACCORDANCE WITH JOINT RECREATIONAL FACILITIES AGREEMENT WITH THE CITY OF DALLAS

5. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING AN

ECONOMIC DEVELOPMENT BRANDING STRATEGY, MARKETING STRATEGY, AND NEW WEB PRESENCE

6. DISCUSSION REGARDING FUTURE AGENDA ITEMS AND EVENTS

7. EXECUTIVE SESSION:

SECTION 551.072 – DELIBERATIONS ABOUT REAL PROPERTY A GOVERNMENTAL BODY MAY CONDUCT A CLOSED MEETING TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY IF DELIBERATION IN AN

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OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE GOVERNMENTAL BODY IN NEGOTIATIONS WITH A THIRD PERSON.

A. JOBSON PARK ADJOURN ALL LOCATIONS IDENTIFIED ARE IN THE TOWN OF SUNNYVALE UNLESS OTHERWISE INDICATED. FOR A DETAILED PROPERTY DESCRIPTION, PLEASE CONTACT THE BUILDING OFFICIAL AT TOWN HALL. PLEASE SILENCE ALL CELLULAR PHONES OR OTHER ELECTRONIC DEVICES WHILE IN ATTENDANCE AT THIS MEETING. THE SUNNYVALE 4A DEVELOPMENT CORPORATION RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED ABOVE, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY), 551.072 (DELIBERATION ABOUT REAL PROPERTY), 551.073 (DELIBERATIONS ABOUT GIFTS AND DONATIONS), 551.074 (PERSONNEL MATTERS), 551.076 (DELIBERATIONS ABOUT SECURITY DEVICES), AND 551.086 (ECONOMIC DEVELOPMENT). THE TOWN OF SUNNYVALE IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED TO THOSE WHO PROVIDE NOTICE TO THE DIRECTOR OF COMMUNITY SERVICES AT 972-226-7177 AT LEAST 48 HOURS PRIOR TO THE MEETING. THE FOREGOING NOTICE WAS POSTED IN THE FOLLOWING LOCATIONS:

SUNNYVALE ISD 417 E. TRIPP ROAD SUNNYVALE LIBRARY AT 402 TOWER PLACE

I HEREBY CERTIFY THAT THE FOREGOING NOTICE WAS POSTED ON FRIDAY, MAY 8, 2015, IN THE FOLLOWING LOCATION AND REMAINED SO POSTED CONTINUOUSLY FOR AT LEAST 72 HOURS PRECEDING THE SCHEDULED TIME OF SAID MEETING:

TOWN HALL AT 127 N. COLLINS ROAD

______________________________________________ LESLIE MALONE, TOWN SECRETARY

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MINUTES SUNNYVALE

4B DEVELOPMENT CORPORATION BOARD OF DIRECTORS

REGULAR MEETING TUESDAY, APRIL 16, 2015

TOWN HALL – 127 N. COLLINS RD. 7:00 P.M.

PRESIDENT MICHAEL GIORDANO

VICE-PRESIDENT JAVIER TORRES SECRETARY DEBI LOCKHART

TREASURER SARAH BRADFORD MEMBER MARK VAN VESSEM

MEMBER POLLYE HUNTER MEMBER RAY VANEK

CALL MEETING TO ORDER President Giordano called the meeting to order at 7:00 p.m. All members were present. Treasurer Bradford arrived at 7:06 p.m. PUBLIC FORUM (CITIZENS MAY SPEAK ON ANY MATTER OTHER THAN PERSONNEL MATTERS OR MATTERS UNDER LITIGATION. NO SUNNYVALE 4B DEVELOPMENT CORPORATION ACTIONS OR DISCUSSION WILL BE TAKEN UNTIL SUCH MATTER IS PLACED ON THE AGENDA AND POSTED IN ACCORDANCE WITH LAW) 1. POSSIBLE ACTION AND DISCUSSION OF REGULAR MEETING MINUTES

FROM MARCH, 2015 Member Van Vessem made a motion, seconded by Secretary Lockhart to approve the March, 2015 Regular Meeting Minutes. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously. Treasurer Bradford arrived at 7:06 p.m. 2. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION OF THE MARCH,

2015 FINANCIAL REPORT, MID-YEAR BUDGET AMENDMENT, AND RELATED FINANCIAL ITEMS

Treasurer Bradford reviewed the March, 2015 Financial Report and the recommendations for the budget amendment. A discussion was held regarding pending projects and the recommended budget amendment.

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Member Vanek made a motion, seconded by Secretary Lockhart, to approve the March, 2015 Financials. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously. Treasurer Bradford made a motion, seconded by Member Vanek, to approve the 2014-2015 mid-year Budget Amendment. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously.

3. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING THE

TOWN OF SUNNYVALE PARKS, RECREATION, AND OPEN SPACE MASTER PLAN

Dennis Sims reviewed the changes he made to the Parks Master Plan based on the comments provided by the Board members. Dennis Sims stated that his staff would be taking photos of the park areas soon now that the spring foliage has filled in, and the Plan will be complete by the time it is presented to Town Council. After it is presented to Council, if approved, it will then be forwarded to Texas Parks & Wildlife for approval. If the State makes any comments, those changes will be incorporated into the Plan. In response to a question from Member Van Vessem, Dennis Sims stated that changes were made primarily to the Priority List section of the Plan. Secretary Lockhart made a motion, seconded by Member Van Vessem, to approve the Town of Sunnyvale Parks, Recreation and Open Space Plan as presented. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously.

4. PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING A

PROPOSAL FROM THE RETAIL COACH FOR A RETAIL ECONOMIC DEVELOPMENT PLAN

Economic Development Director Randall Heye stated that last fall, Town staff began discussions with a few retail-oriented economic development consultants regarding the services and deliverables they provide their municipal clients. Many of these deliverables the firms can offer are not able to be done in-house due to both the consultant’s expertise and current internal limitations (e.g. leakage assessments, retail trade area determination). Economic Development Director Randall Heye stated that following last November’s International Council of Shopping Centers’ annual Texas Conference and Deal Making event, staff asked The Retail Coach to provide an initial proposal for consideration. The proposal represents a full-service approach with deliverables being used to supplement, not supplant, the Town’s future comprehensive economic development strategy.

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Economic Development Director Randall Heye stated that Staff would like to take this opportunity for the Board to receive a presentation from The Retail Coach. Aaron Farmer with the Retail Coach, presented about the Retail Coach and the various services they provide that aid in retail development. In response to a question from Vice President Torres, Aaron Farmer stated that the Wylie Economic Development Corporation hired his firm to utilize their services for development, not the developer. In response to a question from Member Vanek, Aaron Farmer stated that his firm utilized their license plate analysis, which provides information on where people are coming in from, to demonstrate a need for retail in the donut hole of the Murphy area. In response to a question from Member Vanek, Aaron Farmer stated that he lives in Austin, but spends two to three days a week at their Dallas location. In response to a question from Member Vanek, Aaron Farmer stated that Sunnyvale has a daytime population, because people are coming into Sunnyvale to go to work. Daytime population is critical for retailers. In response to a question from Member Vanek, Aaron Farmer stated that developers appreciate their services, because it removes some of the work load for them and they have a broader reach. Aaron Farmer stated that they help speed up the process of attracting retailers. Aaron Farmer reviewed the contract and terms and pricing, stating that the first year is $40,000 plus travel expenses during the initial analysis phase. Years 2 and 3 are optional, and are $20,000 per year. The initial analysis will take approximately 3 months to complete, but they will begin recruiting on day 1. In response to a question from Member Vanek, Aaron Farmer stated that while there are other companies that try to mirror their services, he feels like their competition cannot provide the level of service compared to The Retail Coach. Their specialty is working with municipalities. In response to a question from Member Vanek, Aaron Farmer stated that The Retail Coach’s Corporate office is located in Mississippi. In response to a question from Member Vanek, Aaron Farmer stated that in addition to working with Wylie, Murphy and Terrell, they are currently working on projects in McKinney, New Braunfels, Bastrop, and Buda. In response to a question from Treasurer Bradford, Aaron Farmer stated that he personally works with approximately 4 to 5 clients at a time, and he would be personally involved in Sunnyvale’s project.

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In response to a question from Vice President Torres, Aaron Farmer stated that travel expenses are estimated to be $2,500, but that it can be capped if necessary. In response to a question from Vice President Torres, Aaron Farmer stated that sometimes it becomes necessary to talk with other retailers beyond the ones with whom the developer is talking. It is important to be aggressive, because not only is Sunnyvale competing with retailers in the immediate areas, but in the entire region. In response to a question from Treasurer Bradford, Aaron Farmer stated that if it can be demonstrated that there is additional need for a certain type of business that already exists in an area, it is not an issue to have two of the same businesses located in close proximity to one another. Aaron Farmer stated that the distance in that type of scenario can be approximately 5 miles, or less, if it is something like fast food. In response to a question from Member Hunter, Aaron Farmer stated that the retail spaces along Belt Line Rd. are easy to fill, and if hired, his firm would begin working immediately to fill them. In response to a question from Vice President Torres, Aaron Farmer stated that The Retail Coach has not worked with Forney or Mesquite, and that they would not want to aid in development in communities in such close proximity, as they are Sunnyvale’s immediate competition. 5. PRESENTATION, POSSIBLE ACTION, DISCUSSION REGARDING THE TRAIL

MARKERS PROJECT PREVIOUSLY APPROVED FOR TOWN CENTER PARK AND SAMUELL FARM NORTH PARK

Executive Assistant Regina Farris stated that the project has been delayed for several months due to a continued lack of response on the part of the sign vendor. Economic Development Director Randall Heye stated that he reached out to the vendor multiple times and promises made were not kept. Economic Development Director Randall Heye stated that if the Board wished to continue to pursue the project, he would like to obtain a new quote for the park trail map signs, attempting to stay within the previously approved dollar amount, and present it to the Board at the May meeting. Secretary Lockhart made a motion, seconded by Vice President Torres, to terminate services with Boroughs Sign Company, in the amount of $1,720, + 10%. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously.

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6. PRESENTATION, PUBLIC HEARING, POSSIBLE ACTION, DISCUSSION REGARDING A RETAIL ECONOMIC DEVELOPMENT PLAN

A discussion was held concerning The Retail Coach and adopting an economic development plan. In response to a question from Member Vanek, Economic Development Director Randall Heye stated that if the Board approves engaging the services of The Retail Coach, it would then need go before Town Council for approval. Secretary Lockhart made a motion, seconded by Member Van Vessem, to recommend approval to Town Council to engage the services of The Retail Coach to establish an economic development plan. President Giordano called for a vote, and with all members voting affirmative, the motion passed unanimously.

7. DISCUSSION REGARDING FUTURE AGENDA ITEMS AND EVENTS A discussion was held concerning changing the time of the monthly 4B Board meetings from 7:00 p.m. to 6:30 p.m., and the Board members agreed to change the time of the meetings to 6:30 p.m. ADJOURN President Giordano adjourned the meeting at 8:49 p.m. The undersigned presiding officer certifies that this is a true and correct record of the proceedings. ______________________________ Michael Giordano, President Attest: ______________________________________ Randall Heye, Economic Development Director

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4B Economic Development Corporation

Financial Statement

April 30, 2015

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Town of Sunnyvale 4B Monthly Finance Report

April 30, 2015 Audited Budget: Net Revenues/Expenses: Budget = ($ 879,812) Actual = $ 226,334.86

Highlights:

Revenues : MTD = $46,765.45 YTD = $351,152.63

Expenses: MTD = $15,468.30 YTD = $124,817.77

Net: MTD = $31,297.15 YTD = $226,334.86

Revenues: Sales tax recorded YTD is $351,002.45 (2 months accrual, 5 months actual). Interest income recorded YTD is $150.18.

Expenses: The YTD expenses total $226,334.86 and include 50% of the EDC Director position, 25% of the EDC Assistant position and 1.5 Park Maintenance Technician positions. MTD expenses include routine payroll, landscape maintenance, name badges, and misc expenses for the Economic Development Luncheon.

Fund Balance:

09/30/14 Total Fund Balance $1,532,580.13 Audited 04/30/15 Net Revenues/Expenses $ 226,334.86 04/30/15 Total Fund Balance $1,758,914.99

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5-05-2015 09:54 AM T O W N O F S U N N Y V A L E BALANCE SHEET AS OF: APRIL 30TH, 201592 -4B SALES TAX CORPORATION ACCOUNT# TITLE

FUND BALANCE============ 3117 UNRESERVED FUND BALANCE 1,532,580.13 _____________ TOTAL FUND BALANCE 1,532,580.13 _____________TOTAL REVENUE 351,152.63TOTAL EXPENDITURES ( 124,817.77) _____________

EXCESS REVENUES OVER EXPENSES 226,334.86 _____________

TOTAL LIABILITIES & FUND BALANCE 1,758,914.99 =============

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5-05-2015 09:55 AM T O W N O F S U N N Y V A L E PAGE: 1

FINANCIAL STATEMENT

AS OF: APRIL 30TH, 2015

92 -4B SALES TAX CORPORATION

FINANCIAL SUMMARY

ANNUAL CURRENT Y-T-D % OF BUDGET

ACCT# ACCOUNT NAME BUDGET PERIOD ACTUAL BUDGET BALANCE

__________________________________________________________________________________________________________________________________

REVENUE SUMMARY

---------------

5100-TAXES 570,000.00 46,743.49 351,002.45 61.58 218,997.55

5500-OTHER REVENUES 600.00 21.96 150.18 25.03 449.82

-------------- -------------- -------------- ------ --------------

TOTAL REVENUES 570,600.00 46,765.45 351,152.63 61.54 219,447.37

============== ============== ============== ====== ==============

EXPENDITURE SUMMARY

92-4B SALES TAX CORPORATI 1,450,412.00 15,468.30 124,817.77 8.61 1,325,594.23

-------------- -------------- -------------- ------ --------------

TOTAL EXPENDITURES 1,450,412.00 15,468.30 124,817.77 8.61 1,325,594.23

============== ============== ============== ====== ==============

EXCESS OR (DEFICIT) REVENUE/EXPENDITURE( 879,812.00) 31,297.15 226,334.86 25.73- ( 1,106,146.86)

============== ============== ============== ====== ==============

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FINANCIAL STATEMENT



REVENUES



__________________________________________________________________________________________________________________________________

5100-TAXES

----------

5140 SALES TAX RECEIPTS 570,000.00 46,743.49 351,002.45 61.58 218,997.55

-------------- -------------- -------------- ------ --------------

** REVENUE CATEGORY TOTAL ** 570,000.00 46,743.49 351,002.45 61.58 218,997.55

5500-OTHER REVENUES

-------------------

5510 INTEREST EARNED 600.00 21.96 150.18 25.03 449.82

-------------- -------------- -------------- ------ --------------

** REVENUE CATEGORY TOTAL ** 600.00 21.96 150.18 25.03 449.82

-------------- -------------- -------------- ------ --------------

*** TOTAL REVENUE *** 570,600.00 46,765.45 351,152.63 61.54 219,447.37

============== ============== ============== ====== ==============

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FINANCIAL STATEMENT



92-4B SALES TAX CORPORATI

DEPARTMENT EXPENSES



__________________________________________________________________________________________________________________________________

LABOR AND BENEFITS

------------------

692-6000 WAGES & SALARIES 97,600.00 9,301.54 54,790.52 56.14 42,809.48

692-6001 OVERTIME 500.00 210.35 244.46 48.89 255.54

692-6002 TMRS 12,861.00 1,230.78 7,271.03 56.54 5,589.97

692-6003 BUY BACK 600.00 0.00 257.80 42.97 342.20

692-6004 PAYROLL TAXES - FICA 7,551.00 700.26 4,065.57 53.84 3,485.43

692-6005 EMPLOYEE INSURANCE 13,500.00 1,224.65 8,107.45 60.06 5,392.55

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 132,612.00 12,667.58 74,736.83 56.36 57,875.17

SUPPLIES AND MATERIALS

----------------------

-------------- -------------- -------------- ------ --------------

CONTRACTUAL SERVICES

--------------------

692-6370 LANDSCAPE MAINTENANCE CONTR 28,000.00 2,100.00 13,200.00 47.14 14,800.00

692-6371 PROFESSIONAL SERVICES 5,000.00 ( 49.50) 750.00 15.00 4,250.00

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 33,000.00 2,050.50 13,950.00 42.27 19,050.00

TRAINING/DUES/SUBSCRIPT

-----------------------

692-6512 GENERAL OFFICE SUPPLIES 300.00 34.40 267.62 89.21 32.38

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 300.00 34.40 267.62 89.21 32.38

CAPITAL OUTLAYS & PROJEC

------------------------

692-6741 ENGINEERING FEES 5,000.00 0.00 0.00 0.00 5,000.00

692-6742 PLANNING 12,000.00 0.00 0.00 0.00 12,000.00

692-6751 LEGAL SERVICES 10,000.00 0.00 470.00 4.70 9,530.00

692-6830 OUTSIDE TRAINING EXPENSE 7,500.00 175.00 308.00 4.11 7,192.00

692-6891 TRANSFERS OUT INDIRECT COST 80,000.00 0.00 0.00 0.00 80,000.00

692-6912 BUSINESS DEVELOPMENT & MKT 10,000.00 540.82 540.82 5.41 9,459.18

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 124,500.00 715.82 1,318.82 1.06 123,181.18

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FINANCIAL STATEMENT



92-4B SALES TAX CORPORATI

DEPARTMENT EXPENSES



__________________________________________________________________________________________________________________________________

CAPITAL-BUILDING IMPROVEM

-------------------------

-------------- -------------- -------------- ------ --------------

CAPITAL-TOWN IMPROVEMENT

------------------------

692-9210 RETAIL INCENTIVES 300,000.00 0.00 0.00 0.00 300,000.00

692-9211 TOWN BEAUTIFICATION 150,000.00 0.00 0.00 0.00 150,000.00

692-9212 SURVEILLANCE EQUIPMENT 10,000.00 0.00 0.00 0.00 10,000.00

692-9213 PARKS AND TRAILS 160,000.00 0.00 17,000.00 10.63 143,000.00

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 620,000.00 0.00 17,000.00 2.74 603,000.00

CAPITAL IMPROVEMENTS

--------------------

692-9611 CAPITAL MAINTENANCE EQUIPME 15,000.00 0.00 0.00 0.00 15,000.00

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 15,000.00 0.00 0.00 0.00 15,000.00

CAPITAL-PARK/REC IMPROVEM

-------------------------

692-9724 COURT YARD PROJECT 300,000.00 0.00 17,544.50 5.85 282,455.50

692-9728 PARK ACQUISITION 225,000.00 0.00 0.00 0.00 225,000.00

-------------- -------------- -------------- ------ --------------

** CATEGORY TOTAL ** 525,000.00 0.00 17,544.50 3.34 507,455.50

-------------- -------------- -------------- ------ --------------

** DEPARTMENT TOTAL ** 1,450,412.00 15,468.30 124,817.77 8.61 1,325,594.23

============== ============== ============== ====== ==============

*** FUND TOTAL EXPENDITURES *** 1,450,412.00 15,468.30 124,817.77 8.61 1,325,594.23

============== ============== ============== ====== ==============

EXCESS/(DEFICIT) REVENUES/EXPENDITURES( 879,812.00) 31,297.15 226,334.86 0.00 ( 1,106,146.86)

============== ============== ============== ====== ==============

*** END OF REPORT ***

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4B Economic Development Corp. Projects - 2014 / 2015 Last Updated: 5/8/2015

Expense

Account Description

Total

Amount

Amount

Paid

2013/14

Amount

Paid

2014/15

Remaining

Balance

Approved by

4B? Status

PARKS AND TRAILS

692-9213 Uniform Park Signs 34,000 17,000 17,000 0 Y Completed/Paid

692-9213 T-Ball Backstop Repair - Vineyard Park (FSI) 960 960 0 0 Y Completed/Paid

692-9213 Fertilizer Jobson & Vineyard 944 944 0 0 Y Completed/Paid

692-9213 Park Trail Repair - Vineyard 13,772 0 0 13,772 Y In Progress

692-9213 Park Trail Repair - Jobson 21,100 0 0 21,100 Y In Progress

692-9213 Trail Markers - Medallions 1,141 0 0 1,141 Y In Progress

692-9213 Trail Markers - WayFinder Signs 1,043 0 0 1,043 Y In Progress

692-9213 Trail Markers - 12 Concrete Pads 2,960 0 0 2,960 Y In Progress

692-9213 Trail Markers - Map Signs 1,720 0 0 1,720 Y Searching for New Vendor

692-9213 Disc Golf Course - Championship 15,456 0 0 15,456 Y Waiting for council approval

692-9213 Disc Golf Course - 9 Hole Recreational 6,400 0 0 6,400 To Be Considered

692-9213 Disc Golf Course - Parking at Samuel North 12,900 0 0 12,900 To Be Considered

112,396 18,904 17,000 76,492

TOWN BEAUTIFICATIONTOWN BEAUTIFICATION

692-9211 Planter Boxes in Medians 2,480 2,480 0 0 Y Completed/Paid

692-9211 Planter Box Irrigation 800 800 0 0 Y Completed/Paid

3,280 3,280 0 0

PLANNING

692-6742 Parks Master Plan Update 9,000 0 0 9,000 Y In Progress

9,000 0 0 9,000

Total 124,676 22,184 17,000 85,492 105,376

* Changes since last month highlighted in gray

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Town of Sunnyvale Fiscal Year 10/1/2014 - 9/30/2015

4B Development Corporation Project Budget Balance Forecast

April 2015 Budget Approved

To Be

Considered

Paid in

2013/14

Paid in

2014/15 To Be Paid

Actual Budget

Balance

Forecast Budget

Balance

Planning 692-6742 12,000 9,000 - - - 9,000 12,000 3,000

Professional Services 692-6371 155,000 - - - - - 155,000 155,000

Retail Incentives 692-9210 100,000 - - - - - 100,000 100,000

Town Beautification 692-9211 50,000 3,280 - 3,280 - - 50,000 50,000

Parks and Trails 692-9213 160,000 93,096 19,300 18,904 17,000 76,492 143,000 66,508

Park Acquisition 692-9728 225,000 - - - - - 225,000 225,000

702,000 105,376 19,300 22,184 17,000 85,492 685,000 599,508

BOY Fund Balance 1,532,580

Current EOM Fund Balance 1,758,915

Amounts To Be Paid 85,492

* Adjusted Fund Balance 1,673,423

* Adjusted Fund Balance assumes all unpaid balances for approved projects and all projects under consideration will be paid in the current fiscal year based on the amounts provided in the town project list.

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Town Secretary Fiscal Year 2012 - 2013

Prepared By: Randall Heye; Director of Economic Development

___ Consent X Public Hearing X Discussion X Action

Summary: PRESENTATION, PUBLIC HEARING, POSSIBLE ACTION, AND DISCUSSION REGARDING THE ADDITION OF A NEW SOCCER FIELD AT ROBERT VINEYARD PARK

Background: Founded in 2013, the Sunnyvale Raiders Youth Sports Association (SRYSA) currently offers ten youth sport programs. Although SRYSA utilizes facilities owned and maintained by the Town and the Sunnyvale Independent School District, SRYSA’s ongoing growth has outpaced available community resources. Earlier this year, SRYSA made a request to the 4B Board to assist and provide additional fields within the town for practice and competition. Recognizing this need and in accordance with direction received from the 4B Board, staff has been exploring opportunities for short term, midterm, and long term solutions. This work effort is in addition to and consistent with the recent adoption of the Town of Sunnyvale Parks, Recreation, & Open Space Master Plan. Staff has worked with representatives of SRYSA and Dunkin, Sims, Stoffels, Inc. to identify and evaluate Robert Vineyard Park for the addition of a new U12 youth soccer field as one short term solution. The proposed field would be oriented north-south, approximately 55 yards X 80 yards, and permit 8 versus 8 play. The addition of a new field would not be for the exclusive use of SRYSA and would cause the relocation of the existing youth baseball backstops to elsewhere in the community. Fiscal Impact Staff utilized the Town’s membership in the Texas Local Government Purchasing Cooperative program to obtain a competitive bid as outlined by state statute. Additional financial details will be available at the meeting. Staff anticipates a nominal amount of increased operations and maintenance cost associated with this field. That amount would be reflected in “Account #692-6891; Indirect & Operating Expenses” and transferred to the Town’s General Fund. Staff Recommendation Staff recommends the Board hold a public hearing and recommend the expenditure for Town Council’s final consideration. Attachments None

Town of Sunnyvale

Item: 3 Vineyard Park / Youth Soccer Field May 12, 2015

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___ Consent ___ Public Hearing X Discussion X Action

Summary: PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING A COMPREHENSIVE MASER PLAN FOR THE DEVELOPMENT OF SAMUELL FARM NORTH PARK IN ACCORDANCE WITH JOINT RECREATIONAL FACILITIES AGREEMENT WITH THE CITY OF DALLAS Background: In 2001 the Town of Sunnyvale and the City of Dallas entered into a Joint Recreational Facilities Agreement for Samuell Farm North Park and Samuell New Hope Park. Per the terms of the Agreement, the Town of Sunnyvale was responsible for developing a comprehensive master plan that is to serve as the official guide to all future development within the parks. This document is to include planned improvements, a schedule of development, operational hours, park rules, and a user fee schedule. Any future changes to the document would require prior written approval by both parties. In working with the City of Dallas on a related item, they have informed staff that they do not believe the Town of Sunnyvale has fulfilled Section 3.3 of the Agreement. Town staff has not been able to locate any documentation to the contrary. Prior to their approval for any additional projects within the two parks, the City of Dallas is requesting that the Town provide the required Comprehensive Master Plan. Fiscal Impact There is no current fiscal impact. Staff Recommendation Staff recommends the Board receive the presentation and direct staff to issue a request for qualifications for the development of a comprehensive master plan for the two parks. Attachments Joint Recreational Facilities Agreement

Town of Sunnyvale

Item: 4 Joint Recreational Facilities Agreement May 12, 2015

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TOWN OF SUNNYVALE AND CITY OF DALLAS JOINT RECREATIONAL FACILITIES AGREEMENT

FORSAMB-EEh PARK - - - - -

This Joint Recreational Facilities Agreement(" Agreement") is made and entered into by and between THE CITY OF DALLAS, a Texas municipal corporation ("Dallas") and TOWN OF SUNNYVALE, a Texas municipal corporation ("Sunnyvale").

RECITALS.

WHEREAS, Dallas owns and currently operates and maintains as a park/recreational area approximately-<'23.41 acres of land located in or near the Town of Sunnyvale, County of Dallas, commonly known as Samuell Farm North and Samuell New Hope, said property being more fully described in Exhibit "A" attached hereto and incorporated herein for all purposes; and

WHEREAS, Sunnyvale is in need of additional park/recreational areas and wishes to design, improve, develop, operate, and maintain recreational facilities on a portion of said property to be available for use by its citizens; and

WHEREAS, TEX. LOC. GOV'T CODE ANN. §332.021(a), provides authorization for any two political subdivisions, including mtmicipalities, that are located in the same or adjacent counties to jointly by agreement establish, provide, maintain, construct, and operate playgrounds, recreation centers, athletic fields, swimming pools, and other park or recreation facilities located on property owned or acquired by either political subdivision; and

WHEREAS, Dallas and Sunnyvale desire to enter into such a relationship which will provide much needed and improved recreational facilities to the citizens of both communities while enabling Sunnyvale to avoid the expense of acquiring land for such facilities and Dallas to avoid the expense of constructing and maintaining such facilities.

NOW, THEREFORE, Dallas and Sunnyvale, for the mutual terms and consideration stated herein, do agree as follows:

ARTICLE I.

PROPERTY

Dallas shall make available to Sunnyvale, pursuant to the terms and conditions hereof, that certain parcel of land consisting of approximately 2'21. 'II acres and being more particularly described in Exhibit "B", attached hereto and incorporated herein for all purposes ("the Park") for the nonexclusive use by Sunnyvale for the design, improvement, development, operation, and maintenance of a park and recreational facilities more fully described below.

ARTICLE II.

TERM

The term of this Agreement is ten (10) years, commencing on the Effective Date

JOINT RECREATIONAL FACILITIES AGREEMENT-- PAGE 1

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and ending on the tenth (lOth) annual anniversary date of said Effective Date, unless this Agreement is terminated prior to such date as herein provided. Notwithstanding the foregoing, this Agreement shall continue only so long as Sunnyvale uses, operates and maintains the Park for public park I recreational purposes, ceasing which, this Agreement shall automatically terminate. After expiration of the initial term, this Agreement shall automatically renew for up to but not exceeding four (4) additional, successive ten (10) year periods. Notwithstanding the foregoing, either party may terminate this Agreement for any or no reason upon one hundred eighty (180) days written notice to the other party.

ARTICLE III.

3.1 Permitted Use. Sunnyvale undertakes to design, improve, develop, operate, and maintain for its citizens and the citizens of Dallas park and recreational facilities more fully described and/ or depicted on Exhibit "C", attached hereto and incorporated herein for all purposes, and assumes the duty and obligation of policing, supervising and operating a public park located on the land, including all expense and liability, except as otherwise limited by law, in connection with the construction, maintenance, and operation thereof. Sunnyvale has made an independent investigation of the real property comprising the Park and has determined that it is in all respects suitable for such use.

3.2. Prohibited Uses. In no event or circu~stance shall Sunnyvale use the Park in any manner which violates Federal, State or local laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation, those related to health, safety, access for and accommodation of the disabled, noise, environmental protection, waste disposal and water and air quality, and Sunnyvale shall provide satisfactory evidence of compliance upon request by Dallas. Sunnyvale shall not permit the Park to be used in any manner which would render the insurance thereon void. Sunnyvale shall not use or occupy the Park, or permit it to be used or occupied, in any manner which would constitute a public or private nuisance or waste.

· 3.3 Comprehensive Master Plan. To facilitate performance under this Agreement, Dallas and Sunnyvale do each hereby appoint their respective Directors of Park and Recreation to serve as their authorized representative to act on behalf of each city. Sunnyvale shall prepare, at its own expense, in consultation with and subject to the approval of Dallas, a Comprehensive Master Plan ("Master Plan") for the development of the Park and related facilities covered by this Agreement. Said Master Plan shall include, but not be limited to, planned improvements, schedule of development, operational hours, park rules, and user fee schedule, if any. Any changes to the Master Plan shall require prior written approval of both parties, which approval shall not be unreasonably withheld.

The Master Plan shall be the official guide to all future development of the Park under this Agreement and Sunnyvale agrees to develop the area in accordance therewith. Sunnyvale shall commence development of the improvements in accordance with the Master Plan not later than twenty-four (24) months after the Effective Date.


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ARTICLE IV.

CONSTRUCTION, MAINTENANCE AND REPAIR

4.1 Sunnyvale's Construction. Sunnyvale shall make, at it's sole cost and expense, all improvements, changes and alterations to the Park as provided in this Agreement and the Master Plan.

4.2 Mechanic's and materialman's liens. Sunnyvale will not permit any claim of lien made by any mechanic, materialman, laborer, or other similar liens to stand against the Park or any improvements thereto for work or materials furnished in connection with this Agreement. Sunnyvale shall cause any such claim of lien to be fully discharged within forty-five (45) days after the date of filing thereof. Sunnyvale shall not be in default hereunder if it is contesting the claim of lien in good faith and has provided security against said claim, by bond or cash deposit reasonably acceptable to Dallas.

. 4.3 Permits; compliance with codes. All permits, licenses, permissions, consents, and approvals required to be obtained from government agencies, including Dallas or Sunnyvale, or third parties in connection with construction of any improvements, alterations, changes, repairs, or replacements to the Park shall be acquired by and at the sole cost and expense of Sunnyvale. Sunnyvale shall cause all work on the Park during the term hereof to be performed in a good and workmanlike m:a:t1ner and in accordance with all applicable laws and regulations of all government authorities having jurisdiction. Sunnyvale shall furnish to Dallas, as applicable, copies of Certificates of Occupancy or other similar documents issued to certify completion of construction in compliance with applicable requirements.

4.4 Ownership of improvements. All installations, changes, alterations, additions, or improvements to or upon the Park made by Sunnyvale, other than readily removable playground equipment, picnic tables and similar removable equipment, shall, upon Dallas' election, become the property of Dallas and be turned over to Dallas without disturbance, molestation or injury upon the termination or expiration of this Agreement.

4.5 No liability for improvements. Dallas shall have no liabilities, obligations, or responsibilities whatsoever with respect to any changes, alterations, additions to or improvements made by Sunnyvale to the Park or with respect to any plans or specifications submitted to Dallas for same. Dallas' review of any plans or specifications is solely for its own purposes and Dallas does not make any warranty concerning the appropriateness of any such plans or specifications for any other purpose. Dallas' approval of (or failure to disapprove) any such plans and specifications shall not render it liable for same.

4.6 Sunnyvale's repairs and operation. At all times during the term of this Agreement, Sunnyvale shall, at its sole cost and expense, keep and maintain all improvements and improved areas in the Park in good order and repair and in a safe, clean, sanitary and attractive condition.

4.7 Condition at end of Agreement. Upon. t~rmination or expiration of this Agreement, Sunnyvale shall leave the Park and all improvements thereon in the state of repair and cleanliness required to be maintained by Sunnyvale during the term of


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this Agreement. / -ARTICLEV.

OPERATION

5.1 General operation. Sunnyvale accepts possession, operation and maintenance of the Park and all existing facilities located thereon in its present condition and agrees, at its own cost and expense, to immediately assume and undertake the active maintenance, upkeep and policing (security) of said area and facilities in accordance herewith. Sunnyvale agrees to maintain all existing facilities presently developed on the Park at a level not less than the level of maintenance being provided by Dallas as of the Effective Date unless otherwise provided by the Mater Plan. Should any existing facilities be found to be in an unsafe condition, Sunnyvale has the right to remove such facilities.

5.2 Park availability. All facilities and improvements located within the Park shall be open and available to the citizens of Dallas and Sunnyvale on a first-come-firstserved basis and the general rules regarding the control and administration of those facilities will be equally applied. ·

5.3 Special Events. Dallas and Sunnyvale may sponsor special events in the Park based upon the initial request of either city and upon mutual consent, with caseby-case negotiations of specific times and conditions. Said consent shall not be unreasonably withheld; provided, however it is acknowledged that the parties typically will be responsible for clean-up of their own sponsored events. In a timely manner, either party may submit to the other a list of proposed major events to be staged by said party, for review and approval.

5.4 Control of access. Sunnyvale shall be entitled to install and maintain such locks, gates and other security systems as it deems appropriate in connection with the Park; provided, however, that it shall provide Dallas with duplicate, keys, combinations and/ or pass codes to such systems and maintain reasonable park hours and accessibility to citizens of both cities. Dallas, or Dallas' agents, may enter the Park at any time for all lawful purposes, including without limitation, inspecting same, making · repairs and performing maintenance which Sunnyvale may neglect or refuse to perform in accordance with this Agreement.

·.

5.5 Security. Sunnyvale shall provide security within the Park. To this end the parties acknowledge and agree that Sunnyvale will arrange for police/ security in the Park by way of Sunnyvale's contract with the Dallas County Sheriff for which contract Sunnyvale shall be legally and financially responsible. Sunnyvale will provide not less than thirty-days advance written notice of any cancellation or termination of its contract with the Dallas County Sheriff's Department or any material change therein that would effect coverage of the Park.

5.6 Fees and Use Charges. Any and all fees, deposits and charges for goods, services, concessions, admission, use or any other designated purposes involving the Park authorized by Sunnyvale shall apply equally and in a nondiscriminatory fashion to residents of Dallas as well as residents of Sunnyvale.

JOINTRECREATIONALFACILITIESAGREEMENT--PAGE4

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5.7 Revenues. Any revenues over and above normal operating costs derived from the operation of concessions or collectecj. in the form of user fees or admission charges on the Park, or for the use thereof, shall be placed into a fund established by Sunnyvale for maintenance of the Park and its facilities and to recoup the costs of capital improvements. Any excess over routine maintenance and operation and capital development pursuant to the Master Plans shall be paid to the Samuell Trust for acquisition of park property for the City of Dallas pursuant thereto. If such revenues are insufficient to maintain the Park pursuant to this Agreement then Sunnyvale shall supplement those funds from other sources in order to provide proper maintenance. Upon reasonable advanced request Sunnyvale shall make its books and records with respect to revenues and expenses of the Park available for review and audit by Dallas.

5.8 Utilities. Sunnyvale shall provide and pay all charges for electricity, water, gas, telephone, and all other utility services, if any, used on the Park.

5.9 Taxes and assessments. While it is expressly acknowledged that Dallas and Sunnyvale are governmental entities generally exempt from taxes, the parties agree that Sunnyvale shall pay, if due, any valid taxes or assessment attributable to its improvements to and operation of the Park (including without limitation all ad valorem taxes). All payments by Sunnyvale of any such taxes and/ or assessments shall be made by Sunnyvale on or before thirty (30) days before the last day on which such payments maybe made without penalty or interest. Sunnyvale shall promptly furnish to Dallas receipts or other appropriate evidence establishing the payment of such amounts.

5.10 Naming. The name of the Park shall be "Samuell Farm North Park"; provided, however, Dallas reserves the right to rename the Park from time to time but will provided Sunnyvale not less than ninety (90) days notice of said action. Neither party shall have any obligation to provide signage to such park; provided, however, should one party elect to provide signage, the other shall cooperate with such effort and said signage shall use the Park's official name.

5.11 Concessionaires. Sunnyvale may, by itself or through concessionaires and licensees, provide such services and facilities at the Park as it deems appropriate and consistent with the Master Plan. Any and all concessionaires that may operate within the Park shall comply with all federal, state, and local laws concerning their operations.

ARTICLE VI.

DAMAGE, DESTRUCTION AND CONDEMNATION

6.1 Effect of damage or destruction. In the event of any damage to or destruction of the Park or any improvements (except trees and foliage) thereon from any causes whatever, Sunnyvale shall promptly give written notice thereof to Dallas. Sunnyvale shall promptly repair or restore all improvements on the Park as nearly as possible to their condition immediately prior to such damage or destruction unless Dallas and Sunnyvale mutually agree in writing to the contrary. All such repair and restoration shall be performed expeditiously and in a good and workmanlike manner. Sunnyvale's duty to so repair and restore shall not be conditioned upon the availability of any insurance proceeds to Sunnyvale from which the cost of repairs and restoration may be paid.


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6.2 Condemnation. If the Park, or any part thereof, or any installations or improvements thereon, be taken or condemned in whole or in part for public purpose or sold in lieu of condemnation, then the term of this Agreement,shall, at the option of . either Dallas or Sunnyvale exercised within sixty (60) days of said taking, cease and terminate. All compensation awarded for any taking (or sale proceeds in lieu thereof) other than for removable equipment belonging to Sunnyvale, shall be paid to and be the sole property of Dallas, and Sunnyvale hereby assigns to Dallas all of Sunnyvale's right, title and interest in and to any and all such award.

ARTICLE VII.

INSURANCE AND INDEMNITY

7.1 Liability insurance. Sunnyvale is a member of the Texas Municipal League risk pool and shall maintain in full force and effect during the term of this Agreement its membership in such risk pool covering its use, operation and maintenance of the Park and shall name Dallas as a party covered to the extent of liability assumed by Sunnyvale to indemnify Dallas in accordance with the terms and conditions of such risk pool. At all times the minimum coverage shall not be less than the maximum amount of liability faced by a unit of local government under: (i) Section 101.023 (b) of the Texas Civil Practices and Remedies Code, as may be subsequently amended, and (ii) any subsequent statute increasing or modifying liability for governmental entities. The current coverage shall be in the amount of a least $100,000 for each person and $300,000 for each single occurrence of bodily injury or death and $100,000 for each single occurrence of injury to or destruction of property.

7.2 Casualty insurance. During the term hereof, Sunnyvale shall maintain fire and extended coverage casualty insurance (per standard Texas form of insurance) covering all real property improvements and personal property located in or on or constituting a part of the Park as provided for in the Master Plan; provided, however, if not addressed in the Master Plan said insurance shall be in an amount equal to at least 100% of said property's replacement value.

7.3 Dallas' acquisition of insurance. During the term of the Agreement Sunnyvale shall provide Dallas with a copy of a certificate of coverage addressed by the provision of this Agreement. If Sunnyvale fails to procure or maintain such insurance, Dallas shall have the right to procure substitute insurance as contemplated by the Master Plan (but shall be under no obligation to do so) and to pay any and all premiums thereon, and Sunnyvale shall pay to Dallas upon demand the full amount so paid and expended by Dallas.

7.4 Indemnity. To the extent allowed by Texas law, Sunnyvale agrees to indemnify, defend and save harmless Dallas against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery is sought, suffered by any person or persons, resulting from any negligence or strictly liable act or omission of Sunnyvale in the use, occupancy, security or maintenance of the Park, except that the indemnity provided for in this paragraph shall not apply to any liability solely caused by the negligence or strict liability of Dallas, and in the event of joint and concurring negligence of Sunnyvale and Dallas, responsibility and indemnity, if any, shall be apportioned comparatively in

JOINT RECREATIONAL FACILITIES AGREEMENT- PAGE 6

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accordance with the laws of the State of Texas, without, however, waiVmg any governmental immunity or defense otherwise available to Sunnyvale or Dallas under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

ARTICLE VIII.

AS IS, WHERE IS, AND WITH ALL FAULTS; DISCLAIMER AND WAIVER

Sunnyvale acknowledges and agrees that Dallas has not made, does not make and speCifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the value, nature, quality or condition of the Park, including without limitation, the water, soil, and geology thereof, (b) the suitability of the Park for any and all activities and uses which Sunnyvale may conduct thereon, (c) the compliance of or by the Park or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, (d) the manner, quality, state of repair or lack of repair of the Park and any improvements thereon, (e) the condition of title to and encumbrances on the Park, and (f) any other matter with respect to the Park, and specifically, that Dallas has not made, "does not make and specifically disclaims any representations regarding compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including the existence in or on the Park of hazardous materials. Sunnyvale further acknowledges and agrees that, having been given the opportunity to inspect the Park, Sunnyvale is relying solely on its own investigation and knowledge of the Park and not on any information provided or to be provided by Dallas. Sunnyvale further acknowledges and agrees that any information provided or to be provided with respect to the Park was obtained from a variety of sources and that Dallas has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. Sunnyvale further acknowledges and agrees that to the maximum extent permitted by law, this Agreement and the availability of the Park for its use is made on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis. The term "hazardous materials" as used in this section shall mean any hazardous materials or hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Ad of 1980, as amended, the Resource Conservation and Recovery Act of 1976, as amended, and all rules and regulations promulgated thereunder, from time to time.

ARTICLE IX.

EXISTING ENCUMBRANCES

In the event the Park, or any part thereof, is affected by any liens, restrictions, easements or other encumbrances which if enforced, utilized or foreclosed, could interfere with or impede Sunnyvale's development, use and operation of the Park as herein contemplated, then Sunnyvale shall have the right, as its sole and exclusive remedy, to terminate this Agreement by giving Dallas fifteen (15) days advance written notice of termination. Dallas may, but without obligation, remove said liens,


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restrictions, easements, or other encumbrances within said 15-day period, in which event this Agreement shall notJerminate.

ARTICLE X.

DEFAULT

If a party (the "Defaulting Party") to this Agreement fails to fulfill any condition or term of this Agreement, then the other party (the "Non-defaulting Party") shall provide written notice to the Defaulting Party, identifying those areas requiring corrective action, and the Defaulting Party, at its own cost and expense, shall have ~c) days from receipt of the notice to take reasonable and necessary corrective action to remedy said matter. If, after the expiration of said notice and cure period, the Defaulting Party has not reasonably cured such stated conditions or terms, the Nondefaulting Party can immediately terminate this Agreement by written notice to the Defaulting Party, and pursue such other remedies as it may have at law and in equity, said remedies being cumulative and not exclusive of each other.

ARTICLE XI.

NOTICES

Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or de~and from one party to another, said communication must be in writing to be effective and shall be delivered to the party intended to receive it at the addresses shown below:

If intended for Dallas, to:

Park and Recreation Director City of Dallas City Hall, Room 6FN 1500 Marilla Street Dallas, Texas 75201

If intended for Sunnyvale, to:

Town Secretary Town of Sunnyvale 537 Long Creek Road Sunnyvale, Texas 75182

or to such other addresses as the parties may specify, in writing, from time to time.

ARTICLE XII.

MISCELLANEOUS

13.1 Article headings. The article and section headings used in this Agreement are for convenience only. They shall not be construed to limit or to extend the meaning of any part of this Agreement.


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13.2 Amendments. Any amend;nents or additions to this Agreement shall be made in writing executed by the parties hereto, and neither party shall be bound by verbal or implied agreements.

13.3 Waiver. The waiver by a party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. A party shall be deemed to have waived a right hereunder only if said party shall expressly do so in writing.

13.4 Cumulative remedies. Each right, power, and remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement, and the exercise or beginning of the exercise by a party of any one or more of the rights, powers, or remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by said party of any or all such other rights, powers, or remedies.

13.5 Assignment; successors. Sunnyvale shall not hypothecate, mortgage, assign, transfer, or otherwise alienate this Agreement, or any ir.terest therein, without the prior written consent of Dallas. Notwithstanding the foregoing, the covenants and agreements contained in this Agreement shall be binding on the parties hereto and on their respective successors and assigns.

13.6 Time of essence. Time is expressly declared to be of the essence of this Agreement and each and every covenant of the parties hereunder.

13.7 Entire agreement. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other agreement, statement, or promise made by any party hereto, or to any employee, officer, or agent of any party hereto, that is not contained herein, shall be binding or valid.

13.8 Language. Terms used herein, shall be applicable to one or more persons as the case may be, and the singular shall include the plural, and the neuter shall include the masculine and feminine, and if there be more than one, the obligations hereof shall be joint and several. The word "persons" whenever used shall include individuals, firms, associations, and corporations. This Agreement has been freely negotiated by the parties. The language of this Agreement shall in all cases be construed as a whole and in accordance with its fair meaning, and shall not be construed more strictly for or against either party due to authorship or otherwise.

13.9 Invalidity. If any provision of this Agreement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision hereof.

13.10 Applicable law; venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas and venue for any legal action involving same shall rest in Dallas, Dallas County, Texas.

13.11 Council and Park Board approval. Notwithstanding any provision to the


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contrary herein, this Agreement, and the parties' obligations hereunder, are expressly subject to and conditioned upon acceptance and approval hereof by resolution of the Dallas City Council and Park Board approval and resolution of Sunnyvale City Council. Each party shall notify the other in writing after a decision has been made whether this Agreement has been accepted and approved by said bodies. The date of the last signature below shall be the "Effective Date" hereof.

13.12 Survival. All obligations of this Agreement performable after the termination date shall not cease upon the termination of this Agreement, but shall continue as obligations until fully performed.

13.13 Recordation. Neither this Agreement nor any memorandum thereof shall be recorded in the real property records of the county in which the Park is located.

13.14 Conveyance by Dallas. In the event Dallas or any successor to same shall convey or otherwise dispose of the Park, then Dallas shall thereupon be released from all liabilities and obligations hereunder (except those accruing prior to such conveyance or other disposition) and such liabilities and obligations shall be binding solely on the then owner of the Park.

EXECUTED~ Dallas acting through its duly authorized officer pursuant to Resolution Not?l-/6' dated Slz'5hl and Sunnyvale acting through its duly authorized officer pursuant to Resolution No.&/-()/, dated 1/G-/tJI .

(SIGNATURES ON FOLLOWING PAGE)


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"DALLAS":

APPROVED AS TO FORM: MADELEINE B. JOHNSON City Attorney

"SUNNYVALE":

Attest:

BY:tk~ own Secretary

CITY OF DALLAS TEODORO BENAVIDES

:~ryM=~ AssiStlltC~t~ Manager

Date: tf/27/~/

PARK AND RECREATION BOARD OF CITY OF DALLAS

BY=~a.c0 President Date: t/z ?k ·

TOWN OF SUNNYVALE


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___ Consent ___ Public Hearing X Discussion X Action

Summary: PRESENTATION, POSSIBLE ACTION, AND DISCUSSION REGARDING AN ECONOMIC DEVELOPMENT BRANDING STRATEGY, MARKETING STRATEGY, AND NEW WEB PRESENCE

Background: As the Dallas-Fort Worth region continues to grow, it is becoming easier for communities to get “lost in the crowd” when it comes to economic development. To become a competitive economic development community, the Sunnyvale Development Corporations must begin marketing and differentiating the community to targeted audiences. There are seven primary techniques used to reach economic development prospects:

• Advertising (e.g. print brochures, trade publications, online advertising) • Publicity (e.g. unpaid news stories) • Promotional materials (e.g. website, small gifts) • Direct mail (e.g. postcards) • Personal selling (e.g. ICSC’s Deal Making Event, site visits, prospecting) • Email (e.g. virtual newsletters) • Web 2.0 (e.g. social media)

Staff has been actively prospecting with the commercial real estate community in North Texas. Brokers, leasing agents, tenant reps, site location consultants, and developers are a primary source for new leads and prospects. These individuals have offered intelligence on trends within the region as well as feedback on Sunnyvale’s competitive position in the marketplace. They have reaffirmed staff’s six-month assessment; the community’s previous marketing efforts are insufficient for future use. Although the Board has recommended to Town Council the approval of a retail economic development plan from The Retail Coach, staff is recommending the 4B Development Corporation continue its leadership and begin to take the critical next step of marketing the community to targeted audiences. The intent of this item is to not replace any existing branding (e.g. Town logo). Fiscal Impact At this time, there is no current fiscal impact. Staff Recommendation Staff recommends the Board receive the presentation and direct staff to issue a request for proposals for the development of a branding strategy, marketing strategy, and new web presence for the purpose of economic development.

Town of Sunnyvale

Item: 5 Economic Development Marketing/Branding May 12, 2015

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Documents

AGENDA SUNNYVALE 4B DEVELOPMENT CORPORATION BOARD …