2001-427 O INANCENO t/ 7
AGREEMENT WITH THE BUXTON COMPANY AND THE ~u~ GROUP TO
PROV1DEiCONSULTING 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 ~not fugher than the recommended practices and fees published by the professional
assoemtlons apphcable to the Promder's profession and such fees do not exceed the maximum
provided by law, NOW, THEREFORE,
~ The City Manager, or his designee, is hereby authorized to enter into a
professional service contract wah The Buxton Company/The Comerstone 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 "Co~tract") The City Manager, or his designee, is authorized to exercise the City's rights,
responslbflmes 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 ofthe City Manager m authorizing the Phase I servmes under the
Contract are hereby ratified
ECT~ The findings in the preamble of this ordinance are incorporated herein by
reference
~ This ordinance shall become effective lmme&ately upon its passage and
approval 0 ~ ~'ptt~, 2001
PASSED AND APPROVED this the day of
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
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 the City of Denton, Texas, a Texas municipal corporation, with its pnnmpal office
at 215 East McKlnney 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 contmned,
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 connectmn 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
hereto 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 any conflict between the terms of this Agreement and the Proposal, the terms
and conditions of this Agreement will control over the terms and conditions of the Proposal
ARTICLE III
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issuance of a notice to proceed by the OWNER, and
shall remain in force for the period wluch may reasonably be required for the completion of the
Project and any reqmred 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 CONSULTANT shall make all reasonable efforts to complete the serwces set forth herein as
expeditiously as possible and to meet the schedule established by the OWNER, acting through its
City Manager or his designee
X ~Proposals~Proposals for 2001\C~y 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
pa~d 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 Ins designee In the event of an
early termination as provided for in Article XI, CONSULTANT will be compensated for
services satisfuctonly 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 the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or Ins designee, or which is
not submatted in comphance with the terms of this Agreement The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement
It is specifically understood and agreed that the CONSULTANT shall not be anthonzed
to undertake any work pursuant to tins Agreement which would require ad&tlonal
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 "Addmonal Services," without obtmnmg 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
unchsputed statement thereof, the amounts due the CONSULTANT will be increased by
the rate of one percent (1%) per month from the said sixtieth (60th) 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, notinng 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 exemise reasonable care and due diligence in dlscovenng and
promptly reporting to the OWNER any defects or defimencles 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 th~s Agreement are mstmments of service, and
shall become the property of the OWNER upon the termmatmn of th~s Agreement The
CONSULTANT ~s entttled to retain cop~es of all such documents The documents prepared and
furmshed by the CONSULTANT are mtended only to be apphcable to th~s ProJect, and
OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense
In the event the OWNER uses any of the mformat~on or materials developed pursuant to this
Agreement m another project or for other purposes than spemfied here~n, CONSULTANT ~s
released from any and all habthty relating to their use ~n that project
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall prowde serwees to OWNER as an ~ndependent contractor, not as
an employee of the OWNER CONSULTANT shall not have or clmm any right arising from
employee status
ARTICLE VIII
INDEMNITY AGREEMENT
The CONSULTANT shall mdenmffy and save and hold harmless the OWNER and ~ts
officers, agents, and employees from and agmnst any and all hab~hty, clmms, demands, damages,
losses, and expenses, ~ncluchng, but not hm~ted to court costs and reasonable attorney fees
~ncurred by the OWNER, and ~ncludmg, w~thout bm~tatlon, damages for boddy and personal
~njury, death and property damage, resulttng from the negbgent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees ~n the executmn, operation, or
performance of th~s Agreement
Nothing m th~s Agreement shall be construed to create a habthty to any person who ~s not
a party to th~s Agreement, and nothing here~n shall wmve any of the pames' defenses, both at
law or eqmty, to any claim, cause of action, or ht~gatlon filed by anyone not a party to th~s
Agreement, ~ncluthng the defense of governmental ~mmumty, winch defenses are hereby
expressly reserved
ARTICLE IX.
INSURANCE
Dunng the performance of the serwces under th~s Agreement, CONSULTANT shall
mmntmn the following ~nsurance with an insurance company bcensed to do business ~n the State
of Texas by the State Insurance Commission or any successor agency that has a rating w~th Best
Rate Carriers of at least an A- or above
A Comprehensive General Lmbthty Insurance w~th bodily mjury hm~ts of not less than
$500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th
Page 3
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 m the aggregate
B Automobile Llabd~ty Insurance w~th bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
hm~ts of not less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance w~th limits of not less than $100,000 for each accident
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 adcht~onal insured on all such pohmes, and shall contain a prowslon that
such insurance shall not be canceled or modified without thirty (30) days prior written
not, ce 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 part~es may agree to settle any disputes under this Agreement by submitting the
dmpute to arbitration or other means of alternate dispute resolution, such as mediation No
arbitration or alternate d~spute resolution arising out of or relating to this Agreement, involving
one party's d~sagreement, may include the other party to the disagreement without the other's
approval
ARTICLE XI
TERMINATION OF AGREEMENT
A Notwithstanding anY other provlsmn of this Agreement, either party may terminate by
g~vlng tturty (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
substantmlly failing to fulfill its obhgat~ons under this Agreement No such termlnatmn
will be affected unless the other party is given (1) written notme (delivered by certified
mml, 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 ~s 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 wlttun 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 ~ncurred prior to the date of
term~nation, in accordance w~th 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 ~nformatlon The CONSULTANT
Page 4
shall mm 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
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responslblhty 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 m 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 mall to the address shown below, certified mall, return receipt requested, unless otherwise
specified herein Mailed notices shall be deemed communicated as of three (3) days after
mmllng
To CONSULTANT To OWNER
The Cornerstone Group City of Denton
401 Fort Worth Club Building Michael Conduff, City Manager
301 West 7th Street 215 East McKlrmey
Fort Worth, TX 76102 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 mmhng
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 XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
junsdmtion to be invalid or unenforceable, it shall be considered severable from the remainder of
tins 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 WITIt LAWS
The CONSULTANT shall comply w~th all federal, state, and local laws, rules,
regulations, and ordinances apphcable to the work covered hereunder as they may now read or
hereinafter be amended
ARTICLE XVII
DISCRIMINATION PROItIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
agmnst any person on the basis of race, color, religion, sex, national ong~n or ancestry, age, or
physical handmap
ARTICLE XVIII
PERSONNEL
A The CONSULTANT represents that ~t has or w~ll secure, at its own expense, all
personnel reqmred to perform all the services reqmred under th~s 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 ~nterest or
potential conflict of interest that may arise dunng the term of this Agreement
B All services reqmred hereunder w~ll be performed by the CONSULTANT or under its
superwmon All personnel engaged m work shall be qualified, and shall be authonzed
and permitted under state and local laws to perform such services
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT shall not assign any ~nterest ~n th~s Agreement, and shall not
transfer any interest m thru Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER
ARTICLE XX
MODIFICATION
No wmver or modification of thru Agreement or of any covenant, condition, or hm~tation
herein contmned shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modfficat~on shall be offered or received in evidence
~n any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the part,es hereunder, and unless such wtuver or modfficat~on is ~n
writing and duly executed, and the partses 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 exp~ratmn of three (3) years after
the final payment under thts Agreement, have access to and the right to examine any
d~rectly pertinent books, documents, papers, and records of the CONSULTANT
~nvolwng transactmns relating to th~s Agreement CONSULTANT agrees that OWNER
shall have access dunng normal working hours to all necessary CONSULTANT facdmes
and shall be promded adequate and appropriate working space m order to conduct and~ts
~n eomphanee w~th th~s secUun OWNER shall g~ve CONSULTANT reasonable advance
not~ce of ~ntended audits
B Venue of any stat or cause of actmn under this Agreement shall he exclusively ~n Denton
County, Texas Th~s Agreement shall be construed ~n accordance w~th the laws of the
State of Texas
C For the purpose of thru Agreement, the key persons who will perform most of the work
hereunder shall be B~ll R Shelton and Thomas J Buxton However, nothmg herem shall
hmlt CONSULTANT from using other quahfied and competent members of ~ts firm to
perform the servmes reqmred hereto
D CONSULTANT shall commence, carry on, and complete any and all projects w~th all
appheable dispatch, ~n a sound, econommal, and efficmnt manner and m accordance with
the provisions hereof In accomphsh~ng the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work tnvolved ~s properly coordinated wtth
related work being canned on by the OWNER
E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
d~sposal all available ~nformat~on pertinent to the Project, ~nclud~ng prewous reports, any
other data relaUve to the Project, and arranging for the access thereto, and make all
proms~ons for the CONSULTANT to enter m or upon public and private property as
reqmred for the CONSULTANT to perform servmes under th~s Agreement
F The captions of this Agreement are for ~nformatmnal purposes only, and shall not ~n any
way affect the substantive terms or conditions of this Agreement
IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s Agreement to be
executed by ~ts duly anthonzed C~ty Manager, and Ct~sNtShUe ~h~Sa e~7~d~~ent'
through ~ts duly authorized undersigned officer on /.//, Y
CITY OF DENTON, TEXAS
,..~ ~AEL~/A~MANAGER
ATTEST
Page 7
JENNIFER WALTERS, CITY SECRETARY
APPrOvED A~O LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE CORNERSTONE GROUP
Bill R Shelton, Managing D~rector
THE B~~
Page 8
Exhibit "A"
The Buxton company
and
The Cornerstone Group
Community/DsM
Proposal
presented to:
City of Denton
October 24, 2001
Prepared by Ball Shelton and Tom Buxton
Expiration Date November 30, 2001
Biixton
c o m p a nfi
T~LE OF CONTENTS
Executive Overview 3
Scope of Serwces
Phase I
Retail Trade Assessment 4
Phase II
Retail Site Selechon and Tenant Analys~s 6
Retail Recruitment Package 8
Fee and DeWery Schedule 9
Sponsor Requirements 10
S~gnature Page Phase I 11
S~gnature Page Phase II 12
Btixton
c o mpa ny
EXECUTIVE OVERVIEW
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 tins proposal, the term
"retail" also includes restaurants
In Phase I, we will complete an assessment of the retail trade ~n 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 psychographlc analyses of the households in the commumty will
determme the opportumtles for adthtlonal retail trade
In Phase II, based on the lmtlal analysis that identified up to three potential
zones, the City of Denton will select one zone and provide up to three
available sites within th~s zone for further analys~s 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 canmbahzatlon to existing retml
Tins research will be used to create retml 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
w~th household profiles similar to the new center, reinforcing the new center
as an opportunity for opemng a successful umt These materials address
specffic 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 Bnnker Road and would hke a study conducted on an urgent
basis A complete analysis of this 50-acre site will be added to the
CommunitylD project w~th completion of this site expedited to meet the
reqmrements of the Ctty of Denton Also, at the request of the City of Denton
management, representatives from the Buxton company and the Cornerstone
Group will accompany city management in negotmtion 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 promde
engmeenng services to determine the suitability of the environment,
topography or ~nfrastmcture requirements
We are pleased to present the following outline of the scope of this project for
your consideration We look forward to your response
B6xton
c o m-p a n y
SCOPE Of SERVICES
PHASE I - RETAIL TRADE ASSESSMENT
A Analys~s ofpotentml retad zones to arclude
· Identification of potential retad zones w~th~n the commumty
· Analys~s of the wabfilty for commercial fermi at each tdent~fied
zone
During the process of ~dentffyarg these zones, the C~ty of Denton w~ll
be consulted prior to extensive research so that the c~ty will be able to
determine ffthe zone ~s compatible w~th the c~ty's long range city
planmng
B Analys~s of households
· Geocode all households ~n the zones ~dent~fied above
· Determine and analyze demographics of these households
· Determine and analyze psychograph~cs of these households
· Segment and profile all households m each of the zones
~dent~fied
The City of Denton will be consulted regarding growth data of the c~ty
since some anUc~pated growth known or planned by the city may not
appear on available data
C identlficatxon of retmlers interested m these customers
· Research data to find retailers whose preferred core customers
most closely resemble household profiles for each of these zones
4
SCOPE OF SERVICES
PHASE I - RETAIL TRADE ASSESSMENT - continued
D Analysis of the 50-Acre s~te along S Loop 288 at Brxnker Road
~dent~fied by the C~ty of Denton
In addition to the three zones referenced above, an additional analys~s
w~ll be conducted for this site and w~ll include
· Identification of the Drive T~me Trade Area
· Profile of households w~thm this area
· Identification of prospective tenants w~th customer profiles s~mllar
to the households ~n the trade area
· An estimated sales performance range for each of these retailers at
th~s s~te
E Deliverables
· Research Report including · Map ofpotem~al retml zones wxth household density
· Graph of household profiles of each zone identified
· L~st of potential retmlers w~th graphical representation of
their core customers compared to community's household
profile
Bi xton
c o m p a n y
SCOPE OF SERVICES
PHASE II - RETAIL SITE SELECTION AND TENANT ANALYSIS
A Identification of potential retail center sites within one of the zones
analyzed dunng the Retail Trade Assessment, to consist of the
following
· Demograpinc and psychographlc profile of households around
each of these s~tes
· Identfficat~on of core customers
· Population density of these core prospective customers
Key issue In conjunction w~th the Cornerstone Group and the Buxton
company, the C~ty of Denton will select up to 3 sites for analysis
B Drive Time Trade Area
· Develop comprehensive Drive Time Trade Area around each
potential s~te
C Tenant select,on and analysis
· Identification of retailers with customer profiles similar to the
household profiles within the Drive T~me Trade area determined in
section B above
· Analyze the effect of sales transfer (cannibalization) by stores of
the same retmler m nearby communities, if applicable
· Analyze the effects of competition within the Drive Time Trade
Area, if apphcable
· Develop a Retailer Score Sheet mthcat~ng the sites' attractiveness
measuring profiles, population density and distance to competitors
and tm~ts of the same retailer
SCOPE OF SERVICES
PHASE Il - RETAIL SITE SELECTION AND TENANT ANALYSIS -
continued
D Analysis of ex~stmg similar retail centers
These retail centers may or may not be m neighboring communities
and will be selected based on the similarity of the households
surrounding these centers as compared to the households profiled
surrotmdmg the proposed site This will better identify retailers that
can be successful at this site and will supplement the profile
mformat~on 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
Bi ixton
GROUP c o m p a n y
SCOPE OF SERVICES
PHASE II - RETAIL RECRUITMENT PACKAGE
A Marketing Binder
We will prepare a Marketing Binder that can be used to market to
potential tenants Th~s binder will indicate the retail potential that is
determined m the analysis Marketing Binders are intended to ~dentlfy
the best tenant mix for the proposed retail center based on the
population contmned m the estabhshed Trade Area The binder will
~dentlfy the top retml businesses and will include mformat~on to enable
the retmler to determine the suitability of th~s retail center for their
retail concept The Marketing Binder to include
· Property Descnptmn and Trade Area map
· Trade Area detailed reformation
· 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
classfficatlon
B Retailer Specffic 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 m above A Each package will address a specific
mtmler and set forth the research results illustrating to the retailer the
opportumty for opening a successful outlet at this site
C Dehverables
· One (1) copy of the Marketing Binder
· Additional binders ~ $200 each
· One (1) copy of a retailer specffic marketing package for each
targeted retail tenant, up to 25 tenants, and an additional set of
packages for the 50-acre site
· Addit~onal retail tenant binders @ $100 each
FEE SCHEDULE
FEE FOR SERVICES
In cons~deraUon for servmes rendered by the Cornerstone Group and
the Buxton company, the Ctty of Denton agrees to pay the Cornerstone
Group the actual cost of travel and related out-of-pocket expenses not
to exceed $500 recurred tn connectton wtth servtces performed under
thts agreement m net ten (10) days Fees assoctated w~th the
Commumtyl/Y" program and tts related processes ts as below
Phase I - Retml Trade Assessment of the C~ty of Denton,
to tnclude an addmonal Trade Assessment and Tenant
Analys~s for the 50-acre s~te now under constderatton for
a new retail center along S Loop 288 at Bnnker Road $20,000
Phase II - Retail Stte Selectton wtth Drtve Trines and
Trade Area Household Profiles for each of three sttes
selected and Retail Tenant Analysts and Retad
Recmttment Packages for each Retmler ~denttfied $55,000
Phase I of this project wdl be tntuated upon executton of thts
agreement and not~ce to proceed by the Ctty Manager
Phase II of thts project wall be tmt~ated upon approval by the Denton
Ctty Council and not~ce to proceed by the Ctty Manager
A paymem equal to 50% of the fee for Phase I ts due upon executton
ofth~s Agreement The balance of the fee for Phase I wdl be due upon
dehvery of Phase I dehverables
A payment equal to 50% of the fee for Phase II ts due upon the
approval of the Denton Ctty Councd and nottce to proceed wtth Phase
II ts gtven by the Ctty Manager The balance of the fee for Phase II
will be due upon dehvery of Phase II dehverables
Esttmated time of completton 60 to 90 bustness days from the execution of
thts agreement However, the analysts and marketmg package for the 50-acre
stte currently under negottattons by the Ctty of Denton wtth a developer wdl
be completed tn two weeks from the date thts contract ts executed
9
' Bilxt
on
GROUP c o mpa ny
SPONSOR REQUIREMENTS
PROJECT REQUIREMENTS FOR SPONSOR
In order to complete the CommunitylD project m the time schedule presented,
the following must be provided by the City of Denton
A Project Llaason
· 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 planmng analys~s, community mslonmg or future
studies
· Current zoning map
· Maps or plans for any major Inghway or roadway upgrade or
construction planned in the next five years
· Last and locate on map, up to three sites or areas to be
analyzed for desarainhty for retail or shoppmg center
development or redevelopment
· Last and locate on map all shopping centers or malls m the
city or ETJ
· List and locate on map all major national retailers m the city
i or ETJ
· List of any shopping center or national retailers that have
purchased property, but not opened Indicate if project is
under construction
· Economac development marketing materials currently used by
the commumty
· Ownership of potential retail or shopping center locations
may be reqmred Do not provide unless specifically
requested
C Meeting room to accommodate final report session The sponsor is
responsible for extending ~nvitat~ons to part~mpants The
Cornerstone Group and the Buxton company will provide all
brtefing/presentatlon materials
I0
Btixt
t a msama on
GROUP c o m p a n y
SIGNATURE PAGE - PHASE I
This agreement is between the C~ty 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 ~ndependent
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 wall be paid for
services performed up to the date the written not,ce 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
C~ty of Denton may be reqmred to provide the Cornerstone Group with a
certificate from the State Co~troller indicating that it is a non-profit
corporation and not subjec~o State of Texas Sales and Use Tax
gnature)
Name David M Hill
Title Acting City Manager
The C~ty of Denton
Agreed and accepted this day of _ ~ ,f2,001
Bill R Shelton ' Th~{I~as J Bux/~n' k
Managing D~rector President & CEO
The Cornerstone Group the Buxton company
1!
SIGNATURE PAGE - PHASE II
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 tins agreement is
terminated, the Cornerstone Group and the Buxton company will be paid for
servlcas 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 reqmred to provide the Cornerstone Group with a
certfficate from the State Comptroller indicating that it is a non-profit
corporation and not subject to State of Texas Sales and Use Tax
(S~gnature)
Name M~chael A Conduff
Title City Manager
The City of Denton
Agreed and accepted this day~~ ~~..
Bill R Shelton ThXcn~s ] Bux ~ ~
M~aglng D~rector President & C[
The Cornerstone Group the Buxton company
12