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HomeMy WebLinkAbout2001-427ORDINANCENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE BUXTON COMPANY AND THE CORNERSTONE GROUP TO PROVIDE'CONSULTING SERVICES, IDENTIFICATION OF POTENTIAL RETAIL ZONES, DEVELOPMENT OF COMMUNITY DEMOGRAPHIC AND PSYCHOGRAPHICS PROFILE AND RETAIL MARKETING MATERIALS, RATIFYING THE CITY MANAGER'S APPROVAL OF PHASE I OF THE PROJECT, PROVIDING AN EFFECTIVE DATE (PSA FILE 2761— THE BUXTON COMPANY/THE CORNERSTONE GROUP FOR A TOTAL AMOUNT OF $75,000) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and Inot higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, SECTION 1 The City Manager, or his designee, is hereby authorized to enter into a professional a rice contract with The Buxton Company/The Cornerstone Group to provide professional services for retail, trade assessment, site selection, tenant analysis and a recruitment package as per the contract, a copy of which is attached hereto and incorporated by reference herein (the Contract) The City Manager, or his designee, is authorized to exercise the City's rights, responsibilities and duties under the Contract SECTION 2 The City Manager, or his designee, is authorized to expend funds as required by the Contract The prior actions of the City Manager in authorizing the Phase I services under the Contract are hereby ratified SECTION 3 The findings in the preamble of this ordinance are incorporated herein by reference $ECT� _ ION 4 This ordinance shall become effective immediately upon its passage and approval ry���'pN_�,. PASSED AND APPROVED this the l0 _ day of /t1/ 17U0A , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B APPROVED AS TO LEGAL FORM HERBERT L P Y, CITY ATTORNEY BY PSA2761 - CONTRACT FOR PROFESSIONAL SERVICES ORDINANCE PROFESSIONAL SERVICES AGREEMENT FOR RETAIL TRADE AND SITE ASSESSMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 1st day of November, 2001, by and between he City of Denton, Texas, a Texas municipal corporation, with is principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and The Buxton Company, a Texas Corporation, and The Cornerstone Group, a Texas Corporation, hereinafter, whether one or more, called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated below, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation those services described in the proposal attached hereto and made a part hereof as Exhibit "A" (the "Proposal") ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the services set forth in the Proposal in a professional manner If there is s of is Agreement d the Proposal, the and conditions of hiss Agreemeny conflict t will control oetween the ver the tterms and conditiions of the Proposal terms ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the ce of a ce to R, and OWNER a1W11 emain in force for ithe period which may rLTANT and upon easonably bly be i required for he completiby the on of he Project and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The mak reasonable efforts to complete the services set forth herein as expediOtiously as possibleland oemelet the schedule established by the OWNER, acting through is City Manager or his designee X \Proposals\Proposals for 2001\Ctty of Denton Denton's Contract Form doc ARTICLE IV COMPENSATION COMPENSATION TERMS A CONSULTANT shall be compensated in accordance with the Fee Schedule stated on page nine of the Proposal, except that the 50% payments for Phase I and II will not be paid at time of execution of this agreement but upon completion of a portion of the services as of November 12, 2001 The remainder of contract payments to the CONSULTANT will be made on the basis of completion of the Exhibit "A" services, approved by the OWNER through its City Manager or his designee In the event of an early termination as provided for in Article XI, CONSULTANT will be compensated for services satisfactorily completed to date of termination at the rate of $100 00 per hour, not to exceed the lump sum amounts set forth at page nine of the Proposal Nothing contained in this Article shall require he OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliancey payments towith he terms of this the CONSULTANT when theement e CONSULTANT is shall not m required to make any paym default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER B PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, he amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60 ) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article IV, "Compensation " ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants Page 2 ARTICLE VI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished only o be plicable to OWNER' by the use of these documents CONSULTANT m otherare tprojects shalltbe at OpWNER's sole risk sk and expeis Project, nse hi the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to heir use in that project ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of he OWNER CONSULTANT shall not have or claim any right ansing from employee status ARTICLE VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of his Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to his Agreement, and nothing herein shall waive any of he parties' defenses, both at law or Agreement, t mcludi g claim, the defense ofoofaction, governmental litigation immunity, which anyone defensesparty to this are hereby expressly reserved ARTICLE IX INSURANCE During the performance of he services under this Agreement, CONSULTANT shall maintain he following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carvers of at least an A- or above ty ce with bodily limits of not ess than A Comprehensive $500,000 for each occurrence neral sand not less than $500 000, in the land with Page 3 property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate ly liits of not ess than $500,000 for B Automobeach personile Landinot less than $500,000lity insurance with ifor ash accl ident andw with property damage limits of not less than $100,000 for each accident C Employers' y Insurance with limit of note less than $100,000 for each accidentand Worker's Compensation insurance in accordance with statutory L b 1 t D The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XI TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article IV "Compensation" Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT Page 4 shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTI_ C� I RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days after mailing To CONSULTANT The Cornerstone Group 401 Fort Worth Club Building 301 West 7i° Street Fort Worth, TX 76102 To OWNER City of Denton Michael Conduff, City Manager 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing ARTICLE XIV ENTIRE AGREEMENT This Agreement and attached exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE RV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and Page 5 enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XVIII PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XIX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) Without the prior written consent of the OWNER ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII Page 6 MISCELLANEOUS A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after he final payment under his Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits B Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas ns who will most of the work C For hereunder he shall be Bill R Shelose of this t on n t, the key and Thomas J cBuxton However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein D CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing he projects, CONSULTANT shall take such steps as are appropriate to ensure that he work involved is properly coordinated with related work being carried on by the OWNER E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to he Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for he CONSULTANT to enter in or upon public and private property as required for he CONSULTANT to perform services under this Agreement F The captions of his Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, he City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSUL T has execu his Agri nt through its duly authorized undersigned officer on this the day of QQ 200 L ATTEST CITY OF DENTON, TEXAS MANAGER Page 7 JENNIFER WALTERS, CITY SECRETARY BY e�qUtEG APP?ED AS 0 LEGAL FORM VERBERT L PROUTY, CITY ATTORNEY THE CORNERSTONE GROUP a THE M Bill R Shelton, Managing Director Page 8 Exhibit "A" The Buxton company and The Cornerstone Group CommunityIDSM Proposal presented to: City of Denton October 24, 2001 Prepared by Bill Shelton and Tom Buxton Expiration Date November 30, 2001 THE CO RNiEWFONlE GROUP B&ton company Executive Overview 3 Scope of Services Phase I Retail Trade Assessment 4 Phase II Retail Site Selection and Tenant Analysis b Retail Recruitment Package 8 Fee and Delivery Schedule 9 Sponsor Requirements 10 Signature Page Phase I 11 Signature Page Phase II 12 THE (O'aX)NE GROUP Buxton company The Cornerstone Group and the Buxton company are pleased to present this proposal to the City of Denton The objective of this proposal is to outline the scope of the research that will produce critical -fact based information and marketing packages that can be used by the City of Denton to proceed with the attraction and expansion of the retail sector In this proposal, the term "retail" also includes restaurants In Phase 1, we will complete an assessment of the retail trade in the City of Denton This assessment will identify distinct geographic zones of customers and retail potential An analysis of the existing retail trade and demographic and psychographic analyses of the households in the community will determine the opportunities for additional retail trade In Phase II, based on the initial analysis that identified up to three potential zones, the City of Denton will select one zone and provide up to three available sites within this zone for further analysis Drive time trade areas will be developed from these sites and the households within these areas will be profiled These profiles will be compared with retailers' customer profiles A score sheet will be developed ranking potential retail tenants based on these profiles, household density, competition and cannibalization to existing retail This research will be used to create retail recruitment packages to be used to attract potential retail tenants The marketing package will show the retailer that the households in the trade area match their preferred customer profile The marketing package will also include comparisons to existing retail centers with household profiles similar to the new center, reinforcing the new center as an opportunity for opening a successful unit These materials address specific retailers and may also be used to attract developers to this project We understand that the City of Denton is considering a new retail center along S Loop 288 at Brinker Road and would like a study conducted on an urgent basis A complete analysis of this 50-acre site will be added to the CommumtyID project with completion of this site expedited to meet the requirements of the City of Denton Also, at the request of the City of Denton management, representatives from the Brixton company and the Cornerstone Group will accompany city management in negotiation meetings with the developers of this proposed retail center The Cornerstone Group and the Buxton company provide market research services and economic development consultation and do not provide engineering services to determine the suitability of the environment, topography or infrastructure requirements We are pleased to present the following outline of the scope of this project for your consideration We look forward to your response THF CORNWI NE GROUP P PHASE I - RETAIL TRADE ASSESSMENT A Analysis of potential retail zones to include B&to_ n company ■ Identification of potential retail zones within the community ■ Analysis of the viability for commercial retail at each identified zone During the process of identifying these zones, the City of Denton will be consulted prior to extensive research so that the city will be able to determine if the zone is compatible with the city's long range city planning B Analysis of households ■ Geocode all households in the zones identified above ■ Determine and analyze demographics of these households • Determine and analyze psychographics of these households ■ Segment and profile all households in each of the zones identified The City of Denton will be consulted regarding growth data of the city since some anticipated growth known or planned by the city may not appear on available data C Identification of retailers interested in these customers ■ Research data to find retailers whose preferred core customers most closely resemble household profiles for each of these zones THE CORM g')ON E GROUP PHASE I - RETAIL TRADE ASSESSMENT - continued Br'uxton company D Analysis of the 50-Acre site along S Loop 288 at Brinker Road identified by the City of Denton In addition to the three zones referenced above, an additional analysis will be conducted for this site and will include ■ Identification of the Drive Time Trade Area ■ Profile of households within this area ■ Identification of prospective tenants with customer profiles similar to the households in the trade area ■ An estimated sales performance range for each of these retailers at this site E Deliverables Research Report including • Map of potential retail zones with household density ■ Graph of household profiles of each zone identified ■ List of potential retailers with graphical representation of their core customers compared to community's household profile THE GROUP cr`nvF nF .4FRVICFS B&ton company PHASE II - RETAIL SITE SELECTION AND TENANT ANALYSIS A Identification of potential retail center sites within one of the zones analyzed during the Retail Trade Assessment, to consist of the following ■ Demographic and psychographic profile of households around each of these saes ■ Identification of core customers ■ Population density of these core prospective customers Key issue In conjunction with the Cornerstone Group and the Buxton company, the City of Denton will select up to 3 sites for analysis B Drive Time Trade Area ■ Develop comprehensive Drive Time Trade Area around each potential site C Tenant selection and analysis • Identification of retailers with customer profiles similar to the household profiles within the Drive Time Trade area determined in section B above ■ Analyze the effect of sales transfer (cannibalization) by stores of the same retailer in nearby communities, if applicable ■ Analyze the effects of competition within the Drive Time Trade Area, if applicable ■ Develop a Retailer Score Sheet indicating the sites' attractiveness measuring profiles, population density and distance to competitors and units of the same retailer the CORNERSTONE E Buxton GROUP company ce-npF nF.SFRVICF_S PHASE II - RETAIL SITE SELECTION AND TENANT ANALYSIS — continued D Analysis of existing similar retail centers These retail centers may or may not be in neighboring communities and will be selected based on the similarity of the households surrounding these centers as compared to the households profiled surrounding the proposed site This will better identify retailers that can be successful at this site and will supplement the profile information when marketing to these retailers E Deliverables ■ Research report to include ■ Trade Area Polygons overlayed on map ■ Household Profile by Trade Area (s) ■ Retailer Score Sheet ■ Complete analysis of the 50-acre site (CORNEPSIDNE Buxton GROUP company cr`nDF nF.SFRVICFS PHASE II - RETAIL RECRUITMENT PACKAGE A Marketing Binder We will prepare a Marketing Binder that can be used to market to potential tenants This binder will indicate the retail potential that is determined in the analysis Marketing Binders are intended to identify the best tenant mix for the proposed retail center based on the population contained in the established Trade Area The binder will identify the top retail businesses and will include information to enable the retailer to determine the suitability of this retail center for their retail concept The Marketing Binder to include ■ Property Description and Trade Area map ■ Trade Area detailed information ■ Overall maps with Trade Area and competition ■ Demographic summaries and graphs illustrating the Trade Area ■ Household segmentation summaries ■ Demographic maps • Recommended retailers with operating names, addresses, telephone numbers, key executives to contact and retail classification B Retailer Specific Marketing Package These packages will be used to market the community to the prospective retail and restaurant tenant and will include items from the Marketing Binder in above A Each package will address a specific retailer and set forth the research results illustrating to the retailer the opportunity for opening a successful outlet at this site C Deliverables ■ One (1) copy of the Marketing Binder ■ Additional binders @ $200 each ■ One (1) copy of a retailer specific marketing package for each targeted retail tenant, up to 25 tenants, and an additional set of packs e�-acre site ■ Additional retail tenant binders @ $100 each THE GROUP GGF grwpn111 F FEE FOR SERVICES Wixton company In consideration for services rendered by the Cornerstone Group and the Buxton company, the City of Denton agrees to pay the Cornerstone Group the actual cost of travel and related out-of-pocket expenses not to exceed $500 incurred in connection with services performed under this agreement in net ten (10) days Fees associated with the CommunityI]Ym program and its related processes is as below Phase I - Retail Trade Assessment of the City of Denton, to include an additional Trade Assessment and Tenant Analysis for the 50-acre site now under consideration for a new retail center alone S Loon 288 at Brinker Road $20,000 Phase II — Retail Site Selection with Drive Times and Trade Area Household Profiles for each of three sites selected and Retail Tenant Analysis and Retail Recruitment Packages for each Retailer identified $55,000 Phase I of this project will be initiated upon execution of this agreement and notice to proceed by the City Manager Phase II of this project will be initiated upon approval by the Denton City Council and notice to proceed by the City Manager A payment equal to 50% of the fee for Phase I is due upon execution of this Agreement The balance of the fee for Phase I will be due upon delivery of Phase I deliverables A payment equal to 50% of the fee for Phase II is due upon the approval of the Denton City Council and notice to proceed with Phase II is given by the City Manager The balance of the fee for Phase II will be due upon delivery of Phase II deliverables Estimated time of completion 60 to 90 business days from the execution of this agreement However, the analysis and marketing package for the 50-acre site currently under negotiations by the City of Denton with a developer will be completed in two weeks from the date this contract is executed THF (OIONE GROUP SPONSOR REQUIREMENTS B&ton company PROJECT REQUIREMENTS FOR SPONSOR In order to complete the Commun tylD project in the time schedule presented, the following must be provided by the City of Denton A Project Liaison ■ Designate a local Project Manager who will interface with the Cornerstone Group during the course of the study B Provide the following materials or reports (all materials will be returned at the completion of the project) ■ Economic planning analysis, community visioning or future studies ■ Current zoning map • Maps or plans for any major highway or roadway upgrade or construction planned in the next five years • List and locate on map, up to three sites or areas to be analyzed for desirability for retail or shopping center development or redevelopment ■ List and locate on map all shopping centers or malls in the city or ETJ ■ List and locate on map all major national retailers in the city or ETJ • List of any shopping center or national retailers that have purchased property, but not opened Indicate if project is under construction ■ Economic development marketing materials currently used by the community ■ Ownership of potential retail or shopping center locations may be required Do not provide unless specifically requested C Meeting room to accommodate final report session The sponsor is responsible for extending invitations to participants The Cornerstone Group and the Buxton company will provide all briefing/presentation materials 711E CORNERSTONE GROUP SIGNATURE PAGE - PHASE I Buxton company This agreement is between the City of Denton, the Cornerstone Group and the Buxton company ("the Parties") for the performance of services described in Phase I of this proposal The Parties further agree that an independent contractor/employer relationship is created as a result of this agreement The Cornerstone Group and the Buxton company will not be considered an agent or employee of the City of Denton for any purpose The term of this agreement is one (1) year This agreement may be terminated by either party at anytime upon written notice of 30 days If this agreement is terminated, the Cornerstone Group and the Buxton company will be paid for services performed up to the date the written notice is received This agreement shall be administered and interpreted under the laws of the State of Texas In order to avoid paying State of Texas Sales and Use Tax, the City of Denton may be required to provide the Cornerstone Group with a certificate from the State C01state troller indicating that it is a non-profit corporation and not subjec of Texas Sales and Use Tax Wil Name David M Hill Title Acting City Manager The City of Denton Agreed and accepted this day of d� Bill R Shelton Th as J Bux n Managing Director President & C The Cornerstone Group the Buxton company THF COTONE Buxton GROUP company SIGNATURE PAGE — PHASE It This agreement is between the City of Denton, the Cornerstone Group and the Buxton company ("the Parties") for the performance of services described in Phase II of this proposal The Parties further agree that an independent contractor/employer relationship is created as a result of this agreement The Cornerstone Group and the Buxton company will not be considered an agent or employee of the City of Denton for any purpose The term of this agreement is one (1) year This agreement may be terminated by either party at any time upon written notice of 30 days If this agreement is terminated, the Cornerstone Group and the Buxton company will be paid for services performed up to the date the written notice is received This agreement shall be administered and interpreted under the laws of the State of Texas In order to avoid paying State of Texas Sales and Use Tax, the City of Denton may be required to provide the Cornerstone Group with a certificate from the State Comptroller indicating that it is a non-profit corporation and not subject to State of Texas Sales and Use Tax (Signature) Name Michael A Conduff Title City Manager The City of Denton Agreed and accepted this day of Bill R Shelton JasJ Bux n Managing Director President & C The Cornerstone Group the Buxton company