2003-04-16-PEDC MINUTES OF THE REGULAR MEETING OF THE PARIS ECONOMIC"
DEVELOPMENT CORPORATION
April 16, 2003
The Paris Economic Development Corporation met in regular session on
Wednesday, April 16, 2003, 4:00 P. M. at Paris Junior College, Applied
Technology Building, Room 1206, 2400 C!arksville Street. President Jay Guest
called the meeting to order with the following Directors present: Curtis Fendley,
Don Wall, and Richard L. Severson. Also present were Ex-officio Member
Bobby Walters , Executive Director Gary Vest, City Manager Michael E.
Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham.
President Guest called for approval of the minutes from a previous meeting. A
motion was made by Director Fendley, seconded, by Director Severson, for
approval of the minutes as presented. The motion carried unanimously.
President Guest called for the financial report for February and March, 2003.
Gene Anderson, Director of Finance for the City of Paris, came forward
advising the Board that they had been given information on the sales tax
payment summary. He pointed out that $535,835.00 of sales tax had been
collected th is year through April (sales tax through February, 2003) as
compared to last year's amount of $512,278.00. Mr. Anderson gave the Board
the February and March tax flow statements. He said they did not write any
more checks than what they had to write..They did write the checks to Paris
Business Park Master payment and they paid for the audit that was done by
McClanahan and Holmes. Mr. Anderson pointed out that in March they could.
see the expenditures there. Under new. Industrial Projects, there were a couple
of. things paid, one was a payment to Chemical Analysis, Inc., for evaluation of
the plant size and necessary environmental testing, and the balance of that
payment had to do with running fiber optic cable to the Santa Fe - Frisco Depot
building. There was a payment for membership. Other than those mentioned,
they were all routine expenditures.
Mr. Anderson advised 'the Board that he did open up another account and.
transfer excess balances from Liberty National Bank, which was a pool account.
A motion was made by Director Severson, seconded by Director Wall, for
approval of the financial report. The motion carried unanimously.
President Guest called for the Director's Report.
Gary Vest came forward advising that since January they have received 41
inquiries to their advertisement campaign. He said they did not have a response
from Project Winter; but that company has not made a decision and he knew
that Sherman was having problems with a building. He was hopeful that they.
would make a decision soon.
Mr. Vest said they had a real good visit with a prospect the previous Friday,
Project Hope, and advised that he will discuss that later in the meeting.
Mr. Vest told the Board that Erik has been on the go. In March, Erik went to the
North American Manufacturing Show in Chicago. He also went to the
Economic Development Institute at the University of Oklahoma. They also
attended the PEDC Legislative Conference in Austin. Mr. Vest said there has
been a lot of legislative activity going on. He said that on the last day for filing.
there were 18 bills filed that affect the sales tax for Economic Development.
That does not include the good bill introduced by Mark Homer, House Bill No.
29025. Mr. Vest said he has worked with Mr. Homer on this bill. Mr. Vest
advised that he will be in Austin Monday to discuss the bill with Mark Homer
because it is going to be debated on the House floor Monday. He hoped that it
will pass the House and be sent over to the Senate. Mr. Wall attended the
committee hearing where the bill was discussed and it passed out of the'
committee. They came back with a committee substitute and that is what will be
going to the floor on Monday.
Resolution No. 2003-003, authorizing and approving the renewal and extension
of the current promissory note and first addendum to security agreement from
Paris Packaging, Inc., to extend the term of said note and said security
agreement co-extensive with the term of the PEDC Taxable Sales Tax Revenue
Bonds, Series 1998, was presented by City Attorney Schenk.
City Attorney Schenk advised that he had. passed out a copy of the City
Council's Resolution which is being conservative.as far as part of this approval
process. The City Council's resolution was adopted by the City Council'last
Monday night to follow a similar approval by the City Council when the note
was originally written. City Attorney Schenk said he had a few questions that
needed to be answered by the bond attorney in regard to the documents
associated with renewal of the note. It had to do with whether or not prior
owners had been satisfied and it would require a change to the documents if that
were the case. The City Attorney said they wrote them as if they had not been.
The question of the development agreement, which was part of the original
package, will be the next item for their consideration. City Attorney advised
that if the PBDC adopts this resolution he felt this note will satisfy the goals,
which was to have the indebtedness paid out coextensive with the terms of the
bond.
Mr. Schenk told the Board that the document was prepared by McCall,
Parkhurst & Horton, who was the bond council for the original transaction.
After further discussion, a motion was made by Director Fendley, seconded by
Director Severson, .for. approval of the resolution. The motion carried
unanimously.
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 2003-003
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS
ECONOMIC DEVELOPMENT CORPORATION, AUTHORIZING AND
APPROVING THE RENEWAL AND EXTENSION OF THE CURRENT
PROMISSORY NOTE AND FIRST ADDENDUM TO SECURITY
AGREEMENT FROM PARIS PACKAGING, INC., TO EXTEND THE
TERM OF SAID NOTE AND SAID SECURITY AGREEMENT CO-
EXTENSIVE WITH THE TERM OF THE PEDC TAXABLE SALES TAX
REVENUE BONDS, SERIES 1998; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Paris Economic Development Corporation (PEDC) did heretofore, on
the 29th day of June, 1998, in Resolution No. 98-008, authorize the initiation of the process of
issuing $4,200,000.00 in Taxable Sales Tax Revenue Bonds, Series 1998; retain Southwest
Securities as financial advisor for the same; request the City Attorney to procure bond counsel for
the same; and, in the alternative, authorize the seeking of financing in a means that best suits the
PEDC's needs; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 29th day of June,
1998, by motion reflected in the minutes, approve said PEDC Resolution No. 98-008; and,
WHEREAS, the Paris Economic Development Corporation (PEDC) did heretofore, on
the 10th day of July, 1998, in Resolution No. 98-010, authorize the process of borrowing on
approximately $4,000,000.00 from local lending institutions; and
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of July,
1998, by Resolution No. 98-101, approve said PEDC Resolution No. 98-010; and,
WHEREAS, the Paris Economic Development Corporation did heretofore, on the 13th
day of July, 1998, in Resolution No. 98-011, authorize and approve a loan in the amount of
$4,000,000.00 to Paris Packaging, Inc. and authorize the execution of a loan contract in an amount
not to exceed seven percent (7%) per annum with a local financial institution or institutions over
a five (5) year period based on a twenty (20) year amortization schedule; and,
WHEREAS, it is deemed appropriate that the current promissory note with Paris
Packaging, Inc. be renewed and extended, the term of such extension to be co-extensive with the
term of said bonds; and,
WHEREAS, it is also deemed appropriate that'a first addendum to the existing security
agreement by and between Paris Packaging, Inc. and the Paris Economic Development.
Corporation to secure the payment of the original note and the extended note be approved and
authorized concurrently with the renewal and extension of the current promissory note; NOW,
THEREFORE,
BE IT RESOLVED BY- THE PARIS ECONOMIC DEVELOPMENT
CORPORATION:
Section 1. That.the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 12. That a Renewal and Extension Promissory Note executed by Paris Packaging,
Inc., as Maker, and payable to the order of Paris Economic Development Corporation, as Payee,
the same being in renewal and extension of that original note executed by Paris Packaging, Inc.,
as Maker, and payable to Paris Economic Development Corporation, as Payee, dated July 15,
1998, said Renewal and Extension Promissory Note to be substantially in the form attached hereto
as Exhibit A and for all purposes incorporated herein, is hereby in all things approved.'
Section 3. That said Renewal and Extension Promissory Note shall be in the principal
amount of $3,392,16:5.54, with interest at a yearly rate of seven percent (7%), payable in equal
monthly payments of $32,000.00 each, payable on the fifteenth (15th) day of each month
beginning on July 15, 2003, and continuing thereafter until a final payment of the unpaid balance
due and payable on April 15, 2017, the maturity date'of said note.
Section 4. That the amortization schedule for said note, as the same is attached hereto as
Exhibit B and for all purposes incorporated herein, is hereby in all things approved.
Section 5. That thc President of the Paris Economic Development Corporation, Jay Guest,
be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic
Development Corporation, as part of the process of approval of the aforesaid Renewal and
Extension Promissory Note, a First Addendum to Security Agreement (consumer goods,
equipment, and farm products) to secure the pledge of assets by Paris Packaging, Inc. to the
payment of the aforesaid note, as said First Addendum to Security Agreement is attached hereto
as Exhibit C and for all purposes incorporated herein, and any and all other necessary documents
associated with said transaction.
Section 6. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 16th day of April, 2003.
_
Jay Guest, President
ATTEST:
Curtis Fendley, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
RENEWAL AND EXTENSION PROMISSORY NOTE
July 1, 2003 1125 Bonham Street Paris, Texas
1. RENEWAL AND EXTENSION OF NOTE
This Note renews and extends the balance of $3,392,165.54 that Maker owes to Payee on
a prior note in the original principal amount of $4,000,000.00, which is dated July 15, 1998,
executed by Paris Packaging Inc. as Maker and payable to' the order of Paris Economic
Development Corporation as Payee. The prior note is also described in and secured by a
Security Agreement, which is dated July 15, 1998, and for which a Financing Statement is
recOrded in the Office of the Secretary of State of the Sate of Texas. Maker acknowledges that
the security interest securing the Note is valid, that it subsists against the collateral, and that the
security interest remains in full force and effect to secure the payment of the Note.
2. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $3,392,165.54 (this amount
is called principal"), plus interest, to the order of the Payee. The Payee is PARIS ECONOMIC
DEVELOPMENT CORPORATION, Paris, Texas. I understand that the Payee may transfer this
Note. The Payee or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder."
3. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been
paid. I will pay interest at a yearly rate of Seven percent (7.00%).
The interest rate required by this Section 2 is the rate I will pay both before and after any
default described in Section 6(B) of this Note.
4. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making.payments every month
'I will make my monthly payments On the 15th day of each month beginning on Suly 15,
2003.
I will make these payments every month until I have paid all of the principal and interest and any
. other charges described below that I may owe under this Note.. My monthly payments will be
applied to interest before principal. If, on April 15, 2017, I still owe amounts under this Note, I
will pay those amounts in full on that date, which is called the "maturity date."
I will make my monthly payments at 1125 Bonham Street,. Paris, Texas 75460 or at a
EXHIBIT A
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $32,000,00 due and payable on the
15th day of each month beginning July 15, 2003, and continuing through March 15, 2017,
inclusive, plus a final payment of $19,735.42 on April 15, 2017.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A
payment of principal only is known as a "prepayment." When I make a prepayment, I will tell
the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment
charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I
owe under this Note. If I make a partial prepayment, there will be no chaages in the due date or
in the amount or my montMy payment unless the Note Holder agrees in writing to those changes.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected
from me which exceeded permitted limits w/Il be refunded to me. The Note Holder may choose
to make this refund by reducing the principal I owe under this Note or by making a direct
payment to me. If a refund reduces principal, the reduction will be treated as a partial
prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end
of fifteen 05) calendar days after the date it is due, I will pay late charge to the Note Holder.
The amount of the charge will be four percent (4.00%) of my overdue payment of principal and
interest. I will pay this late charge promptly but only once an each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in
default. '
C) Notice of Default
If I ant in default, the Note Holder may send me a written notice telling me that if I do not
2
pay the amount by a certain date, the Note Holder may require me to pay immediately the full
amount of principal which has not been paid and all the interest that I owe on that amount. That
date must be at least 30 days after the date on which the notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time wben I am in default, the Note Holder does not require me to pay
immediately in full as described above, the Note Holder will still have thq right to do so if I am
in default at a later time.
(E) Payment of Note Holder's Costs und Expenses
It the Note Holder has required me to pay immediately in full as described above, the
Note Holder will have the right to be paid back by me for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me
under this Note will be given by delivering it or by mailing it by first class mall to me at 800
West Center Street, Paris, Texas 75460 or at a different address ifI give the Note Holder a. notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a
different address if I am given a notice of that different address.
· 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to
keep all of the promises made in this Note, including the promise to pay the full amount owed.
Any. person who is a guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the obligations of a guarantor,
surety or endorser of this Note, is also obligated to keep all of the promises in this Note. The
Note Holder may enforce its rights under this Note against each person individually or against all
of us together. This means that any one of us may be required to pay all of the amounts owed
under this Note.
1O.
I and any other person who has obligations under this Note waive notice of intention to
accelerate, except as provided in Section 6(C) above, and the rights or presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of
amounts due. "Notice of dishonor" means the right to require tho Note Holder to give notice to
other persons that amounts due have not been paid.
3
11. SECURED NOTE
In addition to the protections given to the Note Holder under this Note, a Security
Agreement (the "Security Agreement), dated the same date as this Note, protects the Note Holder
from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Agreement describes how and under what conditions I may be required to make
immediate payment in full of all amounts I owe under this Note. All Security for this Note is
subordinated to the rights of Hibernia National Bank and the rights of Earl D. Bellamy and
Donald G. Wilson under their instruments of even date herewith.
12. MAKER
Maker, reserves the option of prepaying the principal of this Note, in whole or part, at
any time after the date hereof without penalty. Accrued and unpaid interest with respect to such
principal amount prepaid is due and payable on the date of such prepayment. All amounts of
principal so prepaid and received by the owner and holder of this Note shall be applied to the last
maturing installments of this Note in their inverse order of maturity.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
PARIS PACKAGING INC.
BY:
David D. Hickerson, President
4
IMuer: Paris EDC
Loan: Peris Printing
Loan Amount: $3,392,165.54
Interest Rate: 7.000%
Payment Frequency: monthly
No. Date Begin Bal Payment Principal Interest End Bal
1 07/15/2003 $3,392,165.54 $32,000.00 $12,212.37 $19,787.83 $3,379,953.17
2 08/15/2003 $3,379,953.17 32,000.00 12,263.81 19,716.39 $3,367,669.56
3 09/15/2003 $3,357,669.68 32,000.00 12,355.26 19,644.74 $3,355,314.30
4 10/15/2003 $3,355,314.30 32,000.00 12,427.33 19,572.67 $3,342,886.97
5 11/15/2003 $3,342,886.97 32,000.00 12,499.83 19,500.17 $3,330,367.14
6 12/15/2003 $3,330,387.14 32,000.00 12,572.74 19,427.26 $3,317.814.40
7 01/15/2004 $3,317,814.40 32,000.00 12,646.08 19,353.92 $3,305,168.32
8 02/15/2004 $3,305,168.32 32,000.00 12,719.85 19,280.15 $3,292,448.47
9 03/15/2004 $3,292,448.47 32,000.00 12,794.05 19,205.95 $3,279,654.42
10 04/15/2004 $3,279,654.42 32,000.00 12,866.68 19,131.32 $3,266,785.74
11 05/15/2004 $3,266,785.74 32,000.00 12,943.75 19,056.25 $3,253,841.99
12 06/15/2004 $3,253,841.99 32,000.00 13,019.26 18,980.74 $3,240,822.73
13 07/15/2004 $3,240,822.73 32,000.00 13,095.20 18,904;80 $3,227,727.53
14 08/15/2004 $3,227,727.53 32,000.00 13,171.59 18,828.41 $3,214,555.94
15 09/15/2004 $3,214,555.94 32,000.00 13,248.42 18,751.68 $3,201,307.52
16 10/15/2004 $3,201,307.52 32,000.00 13,325.71 18,674.29 $3,187,981.81
17 11/15/2004 $3,187,981.81 32,000.00 13,403.44 18,596.56. $3,174,578.37
18 12/15/2004 $3,174,578.37 32,000.00 13,481.63 18,518.37 $3,161,096.74
19 01115/2005 $3,161,096.74 32,000.00 13,560.27 18,439.73 $3,147,536.47
20 02/15/2005 $3,147,536.47 32,000.00 13,639.37 18,360.63 $3,133,897.10
21 03/15/2005 $3,133,897.10 32,000.00 13,718.93 18,281.07 $3,120,178.17
22 04/15/2005 $3,120,178.17 32,000.00 13,798.96 18,201.04 $3,106,379.21
23 05/15/2005 $3,106,379.21 32,000.00 13,879.45 18,120.55 $3,092.499.76
24 06/15/2005 $3,092,499.76 32,000.00. 13,960.42 18,039.58 $3,078,539.34
25 07/15/2005 $3,078,539.34 32,000.00 14,041.85 17,958.15 $3,064.497.49
26 08/15/2005 $3,064,497.49 32,000.00 14,123.76 17,676.24 $3,050,373.73
27 09/15/2005 $3,050,373.73 32,000.00 14,208.15 17,793.85 $3,036,167.58
28 10/15/2005 $3,036,167.58 32,000.00 14,289.02 17,710.98 $3,021,878.56
29 11/15/2005 $3,021,878.56 32,000.00 14,372.38 17,627.62 $3,007,506.18
30 12/15/2005 $3,007,506.18 32,000.00 14,456.21 17,543.79 $2.993,049.97
31 01/15/2006 $2,993,049.97 32,000.00 14,540.54 17,459.46 $2,978,509.43
32 02/15/2006 $2,978,509.43 32;000.00 14,625.36 17,374.64 $2,963,884.07
33 03/15/2006 $2,963,864.07 32,000.00 14,710.68 17,289.32 $2,949,173.39
34 04/15/2006 $2,949,173.39 32,000.00 14,796.49 17,203.51 $2,934,376.90
35 05/15/2006 $2,934,376.90 32,000.00 14,882.80 17,117.20 $2,919,494.10
36 06/15/2006 $2,919,494..10 32,000.00 14,969.62 17,030.38 $2,904,524.48
37 07/15/2006 $2,904,524.48 32,000.00 15,056.94 16,943.06 $2,889,467.54
38 08/15/2006 $2,889,467.54 32,000.00 15,144.77 16,855.23 $2,874,322.77
39 09/15/2006 $2,874,322.77 32,000.00 15,233.12 16,766.88 $2,859,089.65
40 10/15/2006 $2,859,089.65 32,000.00 15,321.98 16,678.02 $2,843,767.67
41 11 I15/2006 $2,843,767.67 32,000.00 15,411.36 16,568.84 $2,828,356.31
42 12/15/2006 $2,828,356.31 32,000.00 15,501.25 16,498.75 $2,812,855.06
43 01 I15/2007 $2,812,855.06 32,000.00 15,591.68 16,408.32 $2,797,263.38
44 02/15/2007 $2,797,263.38 32,000.00 15,882.63 16,317.37 $2,781,580.75
page 1 of 4
EXHIBIT
Issuer: Paris EDC
Loan: Paris Printing ~.'
Loan Amount: $3,392,165.54
Interest Rate: 7.000%
Payment Frequency: monthly
No. Date Begin Bal Payment Principal Interest End Bal
45. 03/15/2007 $2,781,580.75 32,000.00 15,774.11 16,225.89 $2,765,806.64
46 04/15/2007 $2,765,806.64 32,000.00 15,866.13 16,133.87 $2,749,940.51
47 05/1'5/2007 $2,749,940.51 32,000.00 15,958.68 16,041.32 $2,733,981.83
48 06/15/2007 $2,733,981.83 32,000.00 16,051.77 15,946.23 $2,717,930.06
49 07/15/2007 $2,717,930.06 32,000.00 16,145.41 15,854.59 $2,701,784.65
50 08/15/2007 $2,701,784.65 32,000.00 16.239.59 15,760.41 $2,685,545.06
51 09/15/2007 $2,685,545.06 32,000.00 16.334.32 15,665.68 $2,669,210.74
52 10/15/2007 $2,669,210.74 32,000.00 16 429.60 15,570.40 $2,652,781.14
53 11/15/2007 $2,652,781.14 32,000.00 16 525.44 15,474.56 $2,636,255.70
54 12/15/2007 $2,636,255.70 32,000.00 16 621.84 15,378.16 $2,619,633.86
55 01/15/2008 $2,619,633.86 32,000.00 16 718.80 15,281.20 $2,602,915.06
56 02/15/2008 $2,602,915.06 32 000.00 16 816.33 15,183.67 $2,586,098.73
57 03/15/2008 $2,586,098.73 32 000.00 16 914.42 15,085.58 $2,569,184.31
58 04/15/2008 $2,569,194.31 32 000.00 17 013.09 14,986.91 $2,552,171.22
59 05/15/2008 $2,552,171.22 32 000.00 17,112.33 14,887.67 $2,535,058.89
60 06/15/2008 $2,535,058.89 32 000.00 17,212.16 14,787.84 $2,517,846.73
61 07/15/2008 $2,517,846.73 32 000.00 17,312.56 14,687.44 $2,500,534.17
62 08/15/2008 $2,500,534.17 32 000.00 17,413.55 14,586.45 $2,483,120.62
63 09/15/2008 $2,483,120.62 32 000.00 17,515.13 14,484.87 $2,465,605.49
64 10/15/2008 $2,465,605.49 32 000.00 17,617.30 14,382.70 $2,447,988.19
65 11 I15/2008 $2,447,988.19 32 000.00 17,720.07 14,279.93 $2,430,268.12
66 12/15/2008 $2,430,268.12 32 000.00 17,823.44 14,176.56 $2,412,444.68
67 01/15/2009 $2,412,444.68 32 000.00 17,927.41 14,072.59 $2,394,517.27
68 02/15/2009 $2,394,517.27 32 000.00 18,031.98 13,968.02 $2,376,485.29
69 03/15/2009 $2,376,485.29 32 000.00 18,137.17 13,862.83 $2,358,348.12
70 04/15/2009 $2,358,348.12 32 000.00 18,242.97 13,757.03 $2,340,105.15
71 05/15/2009 $2,340,105.15 32 000.00 18,349.39 13,650.61 $2,321,755.76
72 05/15/2009 $2,321,755.76 32 000.00 18,456.42 13,543.58 $2,303,299.34
73 07/15/2009 $2,303,299.34 32 000.00 18,564.09 13,435.91 $2,284,735.25
74 08/15/2009 $2,284,735.25 32 000.00 18,672.38 13,327.62 $2,266,062.87
75 09/15/2009 $2,266,062.87 32,000.00 18,781.30 13,218.70 $2,247',281.57
76 1 0/15/2009 $2,247,281.57 32,000.00 18,890.86 13,109.14 $2,228,390.71
77 11/15/2009 $2,228,390.71 32,000.00 19,001.05 12,998.95 $2,209,389.66
78 12/15/2009 $2,209,389.66 32,000.00 19,111.89 12,888.11 $2,190,277.77
79 01/15/2010 $2,190,277.77 32,000.00 19,223.38 12,776.62 $2,171,054.39
80 02/15/2010 $2,171,054.39 32,000.00 19,335.52 12,664.48 $2,151,718.87
81 03/15/2010 $2,151,718.87 32,000.00 19,448.31 12,551.69 $2,132,270.56
82 04/15/2010 $2,132,270.56 32,000.00 19,561.76 12,438.24 $2,112,708.80
83 05/15/2010 $2,112,708.80 32,000.00 19,675.87 12,324.13 $2,093,032.93
84 06/15/2010 $2,093,032.93 32,000.00 19,790.64 12,209.36 $2,073,242.29
85 07115/2010 $2,073,242.29 32,000.00 19,906.09 12,093.91 $2,053,336.20
86 08/15/2010 $2,053,336.20 32,000.00 20,022.21 11,977.79 $2,033,313.99
87 09115/2010 $2,033,313.99 32,000.00 20,139.00 11,861.00 $2,013,174.99
88 1 0/15/2010 $2,013,174.99 32,000.00 20,256.48 11,743.52 $1,992,918.51
page 2 of 4
879
Issuer: Paris EDC
Loan: Pails Printing ~.'
Loan Amount: $3,392,165.54
Interest Rate: 7.000%
Payment Frequency: monthly
No. Date Begin Bal Payment Principal Interest End Bal
89 11/16/2010 $1,992,918.51 32,000.00 20,374.64 11,625.36 $1,972,543.87
90 12/15/2010 $1,972,543.87 32,000.00 20,493.49 11,506.51 $1,952,050.38
91 01/15/2011 $1,952,050.35 32,000.00 20,613.04 11,386.96 $1,931,437.34
92 02/15/2011 $1,931,437.34 32,000.00 20,733.28 11,266.72 $1,910,704.06
93 03/15/2011 $1,9 I0,704.06 32,000.00 20,854.23 11,145.77 $1,889,849.83
94 04/15/2011 $1,889,849.83 32,000.00 20,975.88 11,024.12 $1,868,873.95
95 05/15/2011 $1,868,873.95 32,000.00 21,098.24 10,901.76 $1,847,775.71
96 06/15/2011 $1,647,775.71 32,000.00 21,221.31 10,778.69 $1,826,554.40
97 07/15/2011 $1,8261554.40 32,000.00 21,345.10 10,854.90 $1,805,209.30
98 05/15/2011 $1,805,209.30 32,000.00 21,469.61 10,530.39 $1,763,739.69
99 09/15/2011 $1,783,739.69 32,000.00 . 21,594.85 10,405.15 $1,752,144.84
100 10/15/2011 $1,762,144.84 32,000.00 21,720.82 10,279.18 $1,740,424.02
101 11/15/2011 $1,740,424.02 32,000.00 21,847.53 10,152.47 $1,718,576.49
102 12/15/2011 $1,718,576.49 32,000.00 21,974.97 10,025.03 $1,696,601.52
103 01/15/2012 $1,696,601.52 32,000.00 22,103.16 9,896.84 $1,674,498.36
104 02/15/2012 $1,674,498.38 32,000.00 22,232.09 9,767.91 $1,652,266.27
105 03/15/2012 $1,652,266.27 32,000.00 22,361.78 9,638.22 $1,629,904.49
106 04/15/2012 $1,629,904.49 32,000.00 22,492.22 9,507.78 $1,607,412.27
107 05/15/2012 $1,607,412.27 32,000.00 22,623.43 9,376.57 $1,584,788.84
108 06/15/2012 $1,584,788.84 32,000.00 22,755.40 9,244.60 $1,562,033.44
109 07/15/2012 $1,562,033.44 32,000.00 22,888.14 9,111.86 $1,539,145.30
110' 08/15/2012 $1,539,145.30 32,000.00 23,021.65 8,978.35 $1,516,123.65
111 09/15/2012 $1,516,123.65 32,000.00 23,155.95 8,844.05 $1,492,967.70
112 10/15/2012 $1,492,967.70 32,000.00 23.291.02 8,708.98 $1,469,676.68
113 11/15/2012 $1,469,676.68 32,000.00 23,426.89 8,573.11 $1,446,249.79
114 12/15/2012 $1,446,249.79 32,000.00 23,583.54 8,438.46 $1,422,686.25
115 01/16/2013 $1,422,686.25 32,000.00 23,701.00 8,299.00 $1,398,985.25
116 02/15/2013 $1,398,985.25 32,000.00 23,839.25 8,160.75 $1,375,146.00
117 03/15/2013 $1,375,146.00 32,000.00 23,978.31 8,021.69 $1,351,167.69
118 04/15/2013 $1,351,167.89 32,000.00 24,118.19 7,881.81 $1,327,049.50
119 05/15/2013 $1,327,049.50 32.080.00 24,258.88 7,741.12 $1,302,790.62
120 . 06/15/2013 $1,302,790.62 32 000.00 24,400.39 7,599.61 $1,278,390.23
121 07/15/2013 $1,278,390.23 32 000.00 24,542.72 7,457.28 $1,253,847.51
122 06/15/2013 $1,253,547.51 32 000.00 24,685.89 7,314.11 $1,229,161.62
123 09/15/2013 $1,229,161;62 32 000.00 24,829.89 7,170.11 $1,204,331.73
124 10/15/2013 $1,204,331.73 32 000.00 24,974.73 7,025.27 $1,179,357.00
125 11/16/2013 $1,179,357.00 32 000.00 25,120.42 6,879.58 $1,154,236.58
126 12/15/2013 $1,154,236.58 32 000.00 25,266.95 6,733.05 $1,128,969.83
127 01/15/2014 $1,128,969.63 32 000.00 25,414.34 6,585.66 $1,103,555.29
128 02/15/2014 $1,103,555.29 32 000.00 25,562.59 6,437.41 $1,077,992.70
129 03/15/2014 $1,077,992.70 32,000.00 25,711.71 6,288.29 $1,052,280.99
130 04/15/2014 $1,052,280.99 32,000.00 25,861.69 6,138.31 $1,026,419.30
131 05/15/2014 $1,026,419.30 32,000.00 26,012.55 5,987.45 $1,000,406.75
132 06/15/2014 $1,000,406.75 32,000.00 26,164.29 5,835.71 $974,242.46
page 3 of 4
Issuer: Paris EDC
Loan: Paris Printing
Loan Amount: $3,392,165.54
Interest Rate: 7.000%
Payment Frequency: monthly
No. Date Begin Bal Payment Princioal Interest End Bal
133 07/15/2014 $974,242.46 32,000.00 26,316.92 5,683.08 $947,925.54
134 08/15/2014 $947,925.54 32,000.00 26,470.43 5,529.57 $921,455.11
135 09/15/2014 $921,455.11 32,000.00 26,624.85 5,375.15 $894,830.26
136 10/15/2014 $894,830.26 32,000.00 26,780.16 5,219.84 $868,050.10
137 11/15/2014 $868,050.10 32,000.00 26,936.37 5,063.63 $841,113.73
138 12/15/2014 $841,113.73 32,000.00 27,093.50 4,906.50 $814,020.23
139 01/15/2015 $814,020.23 32,000.00 27,251.55 4,748.45 $786,768.68
140 02/15/2015 $786,768.68 32,000.00 27,410.52 4,589.48 $759,358.16
141 03/15/2015 $759,358.16 32,000.00 27,570.41 4,429.59 $731,787.75
142 04/15/2015 $731,787.75 32,000.00 27,731.24 4,268.76 $704,056.51
143 05/15/2015 $704,056.51 32,000.00 27,893.00 4,107.00 $676,163.51
144 06/15/2015 $676,163.51 32,000.00 28,055.71 3,944.29 $548,107.80
145 07/15/2015 $648,107.80 32,000.00 28,219.37 3,780.63 $619,888.43
146 08/15/2015 $619,888.43 32,000.00 28,383.98 3,616.02 $591,504.45
147 09/15/2015 $591,504.45 32,000.00 28,549.56 3,450.44 $562,954.89
148 10/15/2015 $562,954.89 32,000.00 28,716.10 3,283.90 $534,238.79
149 11/15/2015 $534,238.79 32,000.00 28,883.61 3,116.39 $505,355.18
150 12/15/2015 $505,355.18 32,000.00 29,052.09 2,947.91 $476,303.09
151 01/15/2016 $476,303.09 32,000.00 29 221.57 2,778.43 $447,081.52
152 02/15/2016 $447,081.52 32 000.00 29 392.02 2,607.98 $417,689.50
153 03/15/2016 $417,689.50 32 000.00 29 563.48 2,436.52 $388,126.02
154 04/15/2016 $388,126.02 32 000.00 29 735.93 2,264.07 $358,390.09
155 05/15/2016 $358,390.09 32 000.00 29 909.39 2,090.61 $328,480.70
156 06/15/2016 $328,480.70 32 000.00 30.083.86 1,916.14 $298,396.84
157 07/15/2016 $298,396.84 32 000.00 30 259.35 1,740.65 $268,137.49
158 08/15/2016 $268,137.49 32.000.00 30 435.86 1,564.14 $237,701.63
159 09/15/2016 $237,701.63 32 000.00 30 613.41 1,386.59 $207,088.22
160 10/15/2016 $207,088.22 32 000.00 30,791.99 1,208.01 $176,296.23
161 11/15/2016 $176,296.23 32 000.00 30,971.61 1,028.39 $145,324.62
162 12/15/2016 $145,324.62 32,000.00 31,152.27 847.73 $114,172.35
163 01/15/2017 $114,172.35 32,000.00 31,333.99 666.01 $82,838.36
164 02/15/2017 $82,838.36 32,000.00 31,516.78 483.22 $51,321.58
165 03/15/2017 $51,321.58 32,000.00 31,700.62 299.38 $19,620.96
166 04/15/2017 $19,620.96 19,735.42 19,620.96 114.46 $0.00
page 4 of 4
FIRST ADDENDUM TO
SECURITY AGREEMENT
(CONSUMER GOODS, EQUIPMENT AND FARM PRODUCTS)
THE STATE OF TEXAS )(
)( KNOW ALL MEN BY THESE PRESENTS:
COUNT OF LAMAR )(
This First Addendum to Security Agreement (Consumer Goods, Equipment and Farm
Products), between Paris Packaging, Inc. and Paris Economic Development Corporation (the
"Addendum") is made and entered into by and between Paris Packaging, Inc. ("Debtor") and
Paris Economic Development Corporation ("Secured Party") as of the date hereinafter set forth.
This is an addendum to that certain agreement entitled "Security. Agreement (Consumer
Goods, Equipment and Farm Products)," by'and between the Debtor and the Secured Party,
executed as of July 15, 1998 (the "Security Agreement").
1. The third paragraph of the Security Agreement is hereby amended to read as follows:
"This security interest is to secure the payment of an indebtedness owing by
Debtor to Secured Party and evidenced by that one certain promissory note, dated July
15, 1998, in the original principal amount of $4,000,000.00 executed by Debtor, as
renewed and extended by that one certain renewal and extension promissory noted dated
July l, 2003, in the principal amount of $3,392,165.54 executed by Maker, payable to the
order of Secured Party as follows:
BEARING INTEREST AT 7% PER ANNUM, WITH 165 MONTHLY PAYMENTS,
COMMENCING JULY 15, 2003, IN THE AMOUNT OF $32,000 AND ONE
MONTHLY PAYMENT OF THE UNPAID BALANCE DUE AND PAYABLE ON
APRIL 15, 2017.
Providing for acceleration of maturity and for attorney's fees and to secure all renewal
andextensions of all or any part of said indebtedness hereby secured."
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SECURITY
INTEREST IN THE COLLATERAL EVIDENCED BY THE SECURITY AGREEMENT AS
AMENDED BY THIS ADDENDUM IS SUBORDINATE IN ALL RESPECTS TO (1) THE
FIRST PRIORITY SECURITY INTEREST GRANTED TO HIBERNIA NATIONAL BANK
AND ITS SUCCESSORS AND ASSIGNS, AND (2) THE SECOND AND EQUAL PRIORITY
SECURITY INTERESTS GRANTED TO EARL D. BELLAMY AND DONALD G. WILSON,
AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND.
ASSIGNS (COLLECTIVELY THE "SENIOR DEBT").
EXHIBIT C
882
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 2003-004
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS
ECONOMIC DEVELOPMENT CORPORATION,: APPROVING AND
AUTHORIZING THE EXECUTION OF A DEVELOPMENT CONTRACT
WITH PARIS PACKAGING, INC., EXTENDING THE TERMS AND
CONDITIONS OF THE ORIGINAL DEVELOPMENT CONTRACT DATED
JULY 15, 1998; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Paris Economic Development Corporation, hereinafter called "PEDC," and
Paris Packaging, Inc., a Texas Corporation, have previously entered into a Development Contract
dated July 15, 1998, containing certain representations and promises associated with the loan of
$4,000,000.00 in funds from PEDC to Paris Packaging, Inc. to carry on a manufacturing
operation in the city of Paris, Texas; and,
WHEREAS, the aforesaid original note securing the loan of said $4,000,000.00 between
Paris Packaging, Inc. and PEDC is scheduled to mature on July 15, 2003, the same date that the
obligations of Paris Packaging, Inc. under the original Development Contract would expire; and,
WHEREAS, Paris Packaging, Inc. has requested a renewal and extension of the existing
note such that said note in the remaining principal amount of $3,392,165.:54 would be extended
beginning July 15, 2003, for an additional one hundred sixty-five (165) monthly payments in the
amount of $32,000.00 each, with the final monthly payment of the unpaid balance being due and
payable on April 15, 2017; and,.
WHEREAS, in consideration of the acceptance of said renewed and extended note, Paris.
Packaging, Inc. is prepared to enter into an extended Development Contract on the terms aiid
conditions as set. out herein; NOW, THEREFORE,
BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT
CORPORATION:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the President of the Paris Economic Development Corporation, Jay Guest,
be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic
Development Corporation, that certain Development Agreement by and between Paris Packaging,
Inc. and the Paris Economic Development Corporation, a copy of which is attached hereto as
Exhibit A and for all purposes incorpdrated herein.
Section 3. That. this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED, this 16th day of April, 2003.
Jay Guest, President
ATTEST:
Curtis Fendley, Secretary-Treasurer
Larry W. Schenk, City Attorney
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
DEVELOPMENT CONTRACT
WHEREAS, Paris Economic Development Corporation, hereinafter called "PEDC," and
Paris Packaging, Inc., a Texas Corporation, have previously entered into a Development Contract
dated July 15, 1998, containing certain representations and promises associated with thc loan of
$4,000,000.00 in funds from PEDC to Paris Packaging, Inc. to carry on a manufacturing
operation in the city of Paris, Texas; and,
WHEREAS, the aforesaid original note securing the loan of said $4,000,000.00 between
Paris Packaging, Inc. and PEDC is scheduled to mature on July 15, 2003, the same date that the
obligations of Paris Packaging, Inc. under the original Development Contract would expire; and,
WHEREAS, Paris Packaging, Inc. has requested a renewal and extension of the existing
note such that said note in the remaining principal amount of $3,392,165.54 would be extended
beginning July 15, 2003, for an additional one hundred sixty-five (165) monthly payments in the.
amount of $32,000.00 each, with the final monthly payment of the unpaid balance being due and
payable on April 15, 2017; and,
WHEREAS, in consideration of the acceptance of said renewed and extended note, Paris
Packaging, Inc. is prepared to enter into an extended Development Contract on the terms and
conditions as set out herein; NOW, THEREFORE,
FOR AND IN CONSIDERATION OF THESE PREMISES, Paris Packaging, Inc. and
PEDC agree as follows:
1. That, for the term of this Contract, the same being for an additional one hundred sixty-five
(165) months, beginning July 15, 2003, and ending on April 15, 2017, Paris Packaging,
Inc. shall operate a business located in Paris, Texas, with a manufacturing facility located
at 800 W. Center Street, Paris, Texas, and shall at that location operate said business as
a printing, folding carton, and packaging manufacturing facility and/or related
manufacturing facility.
2. That Paris Packaging, Inc, agrees to keep employed at the manufacturing facility located
in Paris, Texas, at least one hundred sixty (160) employees for the term of this contact,
said employment level to be verified by furnishing PEDC a copy of the employer's
quarterly employee report furnished to the Texas Workforce Commission.
3. That Paris Packaging, Inc. shall keep the assets purchased insured against fire and the
elements in an amount of at least $12,000,000.00, or in an amount equal to the most
current appraised value of the property for taxation purposes as said value shall be
established by the Lamar County Appraisal District, whichever amount shall be greater,
EXHIBIT A
885
established by the Lamar County Appraisal District, whichever mount shall be greater,
with a loss payable to PEDC as its interest may appear.
4. That, in the event of default on the promissory note approved by PEDC of even date
herewith and as described herein, said note shall become a personal liability of David D.
Hickerson of Franklin County, Texas.
5. That venue on any controversy arising under this agreement or with regard to the aforesaid
note shall lie exclusively in Lamar County, Texas, and shah be subject to and resolved in
accordance with the laws of the State of Texas, and in the event of enforcement of said
note by the payee, the maker shall be liable for reasonable attorney's fees incurred by the
holder for enforcement thereof.
DATED this 16th day of April, 2003.
PARIS ECONOMIC DEVELOPMENT
CORPORATION, INC.
By:
Jay Guest, President
ATTEST:
Curtis Fendley, Secretary-Treasurer
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
PARIS PACKAGING, INC.
By:
David D. Hickerson, President
ATTEST:
Secretary
This Addendum shall become a binding obligation on the parties upon execution by all
parties. By executing this Addendum, the parties hereto ratify and confirm all of the other terms,
covenants and conditions of the Security Agreement. Should any provision of this Addendum be
in conflict with a proVision of the Agreement, the Addendum shall prevail.
Executed as of the __ day of ,2003.
PARIS PACKAGING, INC.
By:
Debtor
PARIS ECONOMIC DEVELOPMENT CORPORATION
By:
Secured Party
Resolution No. 2003-004, approving and authorizing the execution of a
development contract with Paris Packaging, Inc., extending the terms and
conditions of the original development contract dated July 15, 1998; making
other findings and.provisions related to the subject, was presented. A motion
was made by Director Wa!l, seconded by Director Severson, for approval of the
resolution. The motion carried unanimously.
Director GUest announced that the next item on the agenda was. accepting a
proposal for engineering services for the Paris Business Park and approving and
authorizing the execution of an engineering services agreement. ·
Mr. Vest advised that two proposals were received for the engineering services
for the Paris BUsiness Park. Both Hayter Engineering and Adams Consulting
Engineering proposals cover the same scope of work which includes all of the
engineering design, streets, water, sewer, and all of the infrastructure needed
including the hydraulics for water runoff and those type of things. Mr. Vest said
the survey has already been completed by Hayter Engineering and a contour
map of the Industrial District has already been done. Hayter came back with a
proposed contract.with a total cost for Hayter to do all of these things for
$124,900.00. Mr. Vest received this proposal on February 25, 2003. He
thought it was excessive; so he contacted Adams Consulting Engineering and
he received a Proposal from them in the amount of $57,000.00 for doing the
same scope ofwork.
A motion was made by Director Wall, seconded by Director Severson, to accept
-- the proposal of Adams Consulting Engineering. The motion carried 4 ayes, 0
nays. .
Resolution NO. 2003-005, accepting a proposal from Adams Consulting
Engineering for engineering services, related to the Paris Business Park;
authorizing a professional services agreement in accordance with said proposal;
making'other findings and provisions related to the subject; was presented. A
motion was made by Director. Wall, seconded by Director Severson, for
approving the resolution. The motion carried unanimously.
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 2003-005
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS
ECONOMIC DEVELOPMENT CORPORATION ACCEPTING A
PROPOSAL FROM ADAMS CONSULTING ENGINEERS, INC. FOR
ENGINEERING SERVICES RELATED TO THE PARIS BUSINESS PARK;
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT IN
ACCORDANCE WITH SAID PROPOSAL; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Board of Directors of the Paris Economic Development Corporation
(PEDC) did heretofore, on the 20th da), of November, 2002, in Resolution No. 2002-007, accept
the revised proposal of Graeber, Simons & Cowan for master planning services related to a
business park in Paris; and,
WHEREAS, the PEDC is now in need of engineering services related to the Paris Business
Park, and the PEDC did heretofore solicit proposals for such services; and,
WHEREAS, the best proposal for such services was submitted by Adams Consulting
Engineers, Inc. of Tyler, Texas, and it should be awarded the contract for the same; and,
WHEREAS, the form of the professional services agreement for engineering services,
attached hereto as Exhibit A, should, in all things, be approved, and the President of the Board
should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT
CORPORATION:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the proposal of Adams Consulting Engineers, Inc. dated March 14, 2003,
attached here to as Exhibit A and incorporated herein for all purposes, be, and the same is hereby,
accepted..
Section 3. That the President of the Board, be, and he is .hereby, authorized and directed
to execute, on behalf of the Paris Economic Development Corporation, the professional services
agreement with Adams Consulting Engineers, Inc. to perform engineering services related to the
Paris Business Park.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of March, 2003.
Jay Guest, President
ATTEST:
Curtis Fendley, Secretary-Treasurer
Larry W. Schenk, City Attorney
ADAMS CONSULTING ENGINEERS, INC.
Civil / Environmental Engineers · Surveyors
March 14. 2003
Paris Economic Development Corporation
1125 Bonham Street phone (903) 784-2501
Paris, Texas 75460 fax (903) 784-2503
Attn: Mr. Gary Vest
RE: Civil Engineering Services
Paris, Texas
ACEI Proposal No. P2003.068
Mr. Vest:
Adams Consulting Engineers, Inc. (ACEI) is pleased to respond to your request for a proposal (RFP). ACEI
appreciates being selected by Paris Economic Development Corporation to provide these services,
contingent upon satisfactory negotiation of fees. It is requested that we provide Civil Design Services for
proposed industrial park project, located in Paris, Texas. This site is located along Loop 286
Our experience in working with comparable entities on many other projects has guided our judgment in
some aspects of this proposal. However, if any portion of this proposal appears either overly
comprehensive or less than adequate for your needs at this time, we would welcome the
opportunity to discuss the scope of work and modify it in accordance with your instructions.
We propose to perform the requested services within the following "Tasks" designations. This proposal
will use a phased approach to allow substantial input from the Owner's representatives in formulating
cost-effective and aesthetically pleasing design solutions
INITIAL CONSIDERATIONS It is understood that a multi-family housing proiect is planned at the above
referenced site. Survey and Geotechnical information will need to be provided to ACEI prior to our
design. It is further understood that The Park Companies (Client) owns the property and will be
responsible for services and expenses rendered thru this contract. Landscape design and re-zoning are
not included in'this proposal at this time.
Task 1 - Surveying
Task 2 - Preliminary Engineering
Task 3 - Civil Design Package
Task 4 - Hydraulic Analysis and Design
Task 5 - Contract and Construction Administration
Our proposal and fee estimate for each of the work Tasks listed above is presented in the following:
EXHIBIT
6320 Copeland Road · P.O. Box 131599 · Tyler, Texas 75713 · (903) 324-8400 · FAX (903) 324-8450
Branch Office · Southlake, Texas
Paris Economic Development Corporation Paris IndustriN.Park
March 14, 2003 Paris,Texas
P2003.068 Page 2
BASIC SERVICES
We propose to perform the various services listed below that have been requested by the Client. Some
of the tasks listed are interrelated, and are generally not separable within this proposal, except for the
purpose of describing the scope of work.
The following lists the tasks and estimated fees anticipated as necessary for your project:
TASK 1 .- SURVEYING SERVICES
It is our understanding that a surveying firm is employed by Paris EDC to produce a topographic map
showing contours at 1' intervals. This shall be the. basis for our design.
TASK 2 - PRELIMINARY ENGINEERING
1. Visit site to observe existing conditions.
2. Meet with EDC to establish design parameters.
3. Obtain Architect's Final Site Plan to be used for design.
4. Analyze alternates for stormwater detention.
TASK 3 - CIVIL DESIGN PACKAGE
This phase includes the detailed design and preparation of construction plans for the development, to be
reviewed and considered for approval by the Client,
A. Utilize the boundary survey of the property (provided under separate contract by others.)
B. Utilize the topographic survey and mapping of the property (provided under separate
contract by others.) A detailed topography survey (with elevation contours) of the property is
required to design the streets and drainage features.
C. Prepare construction plans. Design the streets, drainage features, and water utilities (water,
fire protection, and sanitary sewer). This includes street horizontal and vertical alignment,
pavement sections, inlet and outlet structures, bridges, crossings, pipes, channels, lines,
manholes, fire hydrants, valves, and appurtenances.
The following 'on-site" plans are typically required for subdivision developments. Some
drawings may be combined, depending on the complexity of the particular drawings. Not all
drawings may be required for this project, depending on the specific project presentation.
· Cover Sheet - project information, vicinity map.
· Specifications, Typical Sections, and Geotechnical Information (provided by Client) -
shows roadway or street sections, certain specifications, and soil boring logs.
· Drainage Area Map and Calculations - delineates drainage areas, shows runoff, curb
inlets, sag inlets, grate inlets, storm sewer calculations, and tabular storm sewer
summary.
Occasionally ACEI is asked to provide plans based on topographic mapping by others. Under this circumstance, our liability
must be limited accordingly. AIso, increased charges usually apply due to additional manipulation of data files provided by
others, as required to integrate data into our CADD- system. A nominal allowance for this has been included in the estimates
herein.
Initial:
Paris Economic Development Corporation Paris Industrial Park
March 14, 2003 Paris, Texas
P2003.068 Page 3
· Paving and Drainage Plan and Profiles - will show topography, grading plan, streets,
drainage features, etc. (typically multiple sheets if street system is extensive). For
· projects with short or no streets, a Grading and Drainage Plan (no profiles) will be
developed.
· Channel Alignment and Details (when applicable).
· Utility Site Plan -. Water and sewer utilities will be detailed, including locations of
manholes and valves. Primary features of electric, gas, and telephone lines will be
shown based on survey data and available information provided by utility
companies.
· Site Details - Signage, fencing, pavement markings, etc.
· Erosion Control Plan - will include appropriate EPA requirements.
· Standard Details - these are used to provide details of construction of vadous
drainage and utility features. May typically include: TxDOT bridge and culvert
standards; and Standard Stormsewer, Paving, Water, and Sanitay Sewer standard
sheets. ·
D. Conduct internal plan review by ACEI staff.
E. Respond to Client comments on Construction Plans.
TASK 4 - HYDRALIC ANALYSIS AND DESIGN
Prepare the necessary planwork for the construction of a stormwater layout, possibly including a
Stormwater detention facility in accordance with the criteria set forth by the City of Paris. Coordinate
with the City of Paris Engineering Department to obtain approval of design.
Fee .......................................................................................................................... $ 48,000
SUPPLEMENTAL SERVICES
TASK 5 - CONTRACT AND CONSTRUCTION ADMINISTRATION
This includes site observations, coordinating with contractors, bid administration, answering
requests for information (RFI's) and reviewing m.onthly pay requests. ACEI will coordinate with
design team members, City officials, owner and other parties as needed to keep the project moving
in a positive direction.
A. Provide random observation of water and sewer utilities construction.
B. Provide random observation of curb/gutter, paving, and drainage features.
C. Provide contract administration with Client and contractors.
D. Coordinate with contractor to provide "as-built' drawings.
Suggested Fee Estimate ............................................................................................. $ 9,000
Initial:
Paris Economic Development Corporation Paris Industrial. Park
March 14, 2003 Paris, Texas
P2003.068 Page 4
Direct Costs (Not in Basic Services)
1. Reproduction
2. Travel Expense
3. Sub-consultants not covered under Basic Services
Direct Costs shall be billed at cost plus 10%.
In general, the scope of work for Additional Services is not well defined until the project is underway. The
following lists Additional Services which we can provide in-house upon request:
· Stream hydraulics and related FEMA flood studies or floodplain delineation.
· Wetlands delineation, evaluation, permitting and mitigation.
· Engiheering for foundations, retaining walls, and pavements.
· Off-site engineering studies, including surveying, platting, and plan development for streets,
extending or enlarging sanitary sewer lines, water lines, or storm drainage systems, and including
checking or verifying hydraulic capacity of off-site system(s) as a condition of use.
· Multiple comments from reviewing entities. (Multiple comments shall be considered to be any above
the first series).
· Extensive coordination between parties (such as owner, developer, City, Contractor or other
Agencies) due to: unclear development issues, ambiguous concepts, or necessary decisions (by
Client) on alternative development schemes, or major options.
· Lighting Plans
· Review of Shop Drawings2
Air emissions and related abatement and impact studies.
· Structural engineering, Traffic engineering, and Mechanical-Electrical-Plumbing services.
· As-Built drawings.
As mentioned above, fee estimates for Additional Sewices are not included herein, unless included in the
Basic Services portion of this proposal.
All additional fees required by the project will be billed at a cost pursuant to the rates .listed in the
attached Rate Schedule, or based on a supplemental agreement after the scope of services is more
defined and shall be in accordance with the General Conditions. The Client will be notified prior to
conducting any analyses or initiating any activities that would significantly affect the scope of work.
2 Contract Documents prepared by ACEI will specify review procedures for contractor submittals ('shop drawings").
However, If others provide contract documents, ACEI will not review shop drawings except by special arrangement.
Initial:
Paris Economic Development Corporation Paris Industrial Park
March 14, 2003 Paris, Texas
P2003.068 Page 5
Economic Development
PARIS TEXAS
.895
Paris Economic Development Corporation Paris Industrial:Park
March 14. 2003 Paris, Texas
P2003.068 Page 6
GENERAL
We. will proceed with the work upon receipt of a signed copy of this proposal, intact. Our charges will not
exceed the fixed fee listed above unless the above stated scope of services changes. If our fees should
need to exceed the fixed fee, we will not proceed without notification and discussion with the Client. It is
proposed that these services be performed in accordance with the attached General Conditions which
are incorporated into and made a part'of this proposal. All authorized additional changes, due to a
change in the scope of services, will be billed in accordance with ACEI's current Rate Schedule. This
proposal shall be valid for a period of 30 days.
It shall be understood and agreed that Client shall remit payment within 45 days of invoice date. If
payment is not received during this time.frame, interest will be assessed at a rate of 18% per annum on
the remaining balance from date of invoice. It is further understood that if payment for charges and
interest is not received within 60 days of invoice date, all work will cease on the project and will not
resume'until payment is received, in full, for all current and delinquent invoices. ACEI shall not be liable
for any hardships caused by stoppage in work based upon these conditions.
ACEI appreciates this opportunity to be of service. We welcome any questions or comments you may
have concerning this proposal.
Respectfully submitted,
ADAMS CONSULTING ENGINEERS, INC.
Ed Snodgrass, P E Garry J. Houston
Sr. Vice President / Principal Sr. Vice President / Principal
Attachments: General Conditions
ACCEPTANCE AND AUTHORIZATION
AGREED TO, THIS DAY OF , 2003
BY:
(Signature) (Printed)
TITLE: COMPANY:
Initial:
ADAMS CONSULTING ENGINEERS, INC.
GENERAL CONDITIONS
See Original Document
897
Resolution No. 2003-006, approving and adopting Development Standards for
the Paris Business Park, making other findings and provisions related to .the ..
subject, was presented by City Attorney Schenk.
Mr. Vest gave the Board a handout of the executive summary for the Paris
Business Park and discussed the development standards with the Board. Also
included was a memorandum from Steve Methven, Building Official for the
City of Paris, stating that he has reviewed the development standards of the
Paris Development Park as written for the PEDC and it appears that the
standards meet and are in compliance with the City of Paris Code of Ordinances.
After discussion, a motion was made by Director Fendley, seconded by Director
Severson, for approval of the resolution. The motion carried 4 ayes, 0 nays.
PARIS ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 2003-006
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS
ECONOMIC DEVELOPMENT CORPORATION APPROVING AND
ADOPTING DEVELOPMENT STANDARDS FOR THE PARIS BUSINESS
PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Paris Economic Development Corporation (PEDC) has begun the process
of completing a business park in Paris tO. be known as the Paris Business Park; and,
WHEREAS, the PEDC deems it appropriate to adopt certain rules and regulations
regarding development within such business park; and,
WHEREAS, the Development Standards for the Paris Business Park, attached hereto as
Exhibit A, should, in all things, be approved and adopted; NOW, THEREFORE,
BE IT RESOLVED BY THE PARIS ECONOMIC DEVELOPMENT
CORPORATION:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Development Standards for the Paris Business Park, attached hereto
as Exhibit A, be, and the same are hereby, approved and adopted.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of March, 2003.
Jay Guest, President
ATTEST:
Curtis Fendley, Secretary-Treasurer
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
900
PARIS BUSINESS PARK
DEVELOPMENT
STANDARDS
Paris
Texas
PARIS ECONOMIC DEVELOPMENT CORPORATION
PARIS, TEXAS
FEBRUARY 28, 2003
EXHIBITA
901
Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas' Paris Economic Development Corporation
TABLE OF CONTENTS
TOPIC PAGE
1.0.0 Introduction .......................................................................................... 1
2.0.0 Development Review Board ............................................................... 3
3.0.0 Architectural Design Standards .......................................................... 8
4.0.0 Site Planning Standards ......................................................................11
$.0.0 Landscaping Slandards ...................................................................... 20
5.0.0 Civil Engineering Standards ............................................................... 25
7.0.0 Construction and Maintenance Standards .........................................29
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1.0.0 Introduction
1. 1.0 Objectives
These standards are established for the use of the Property Owners, the Development Review Board and their
design and construction professionals. They provide the basis for review and approval of design and
construction documents intended for new construction, additions and renovations affecting building exteriors and
site elements within Paris Business Park.
l. 1. 1 Definitions
The remainder of these standards will refer to the Development Review Board as DRB.
Improvements are any visible changes to the property including, but not necessarily limited to, construction of
buildings, parking areas, roadways, walkways, walls, fences, signs, landscaping, utilities, or additions to,
renovations to or demolition of any of those features and protuberances.
Owner is the owner of any property within the Paris Business Park or a duly authorized representative of that
Owner who is proposing improvements to the site.
Consultants are Architectural, Civil, Landscape, Interiors, Structural designers and/or construction professionals
hired for their special expertise.
Development Standards is this complete document with all text, diagrams, drawings and schedules.
1.1.2 Property Subject to these Standards
All property within Paris Business Park is subject to the provisions ofthese standards. The Owner of the property
is fully responsible for compliance with these standards. No improvements may proceed within the boundaries
of Paris Business Park without prior review and written approval by the DRB and the Building Department of the
City of Paris that the proposed improvements are in compliance with these standards. Refer to the following
Development Site Plan on Page 2.
1. 1. 3 Amendments
The DEB may amend or supplement these standards at any time. However, all improvements must comply with
all provisions of the Development Standards current at the time of written DRB approval of the proposed
improvements.
1. 1.4 Enforcement
The DRB has the right, but not the obligation, to enforce these development standards. Such enforcement shall
include any civil legal or equity proceedings against any Person or Persons who are violating or attempting to
violate these development standards, supplementary standards or amendments to these development standards.
Any failure of the DRB to enforce these standards does not constitute acceptance of any deviations from them.or,
in any way, limit or prevent the DRB from later pursuing enforcement.
1.1.5 Liens/Severability
Violation of, or failure to comply with, any provisions of these Development Standards shall not affect the
validity of any mortgage, lien, or similar encumbrances on the property. Invalidation of any provision or
provisions of these standards by a Judgement or Court Order shall not invalidate any other provision or
provisions, which remain in full force and effect.
1. 1. 6 Approvals
No DEB approval of any improvements shall be binding unless in writing. No DRB approval shall supercede
that of any city, state or Federal law, statute or code having authority over the design or construction process.
The Owner shall submit any improvements for any review and approval of any legal and building code authority
having jurisdiction over the Work. No improvements may begin until approved by all authorities having
jurisdiction over the Work, including the DRB.
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1. !. 7 Exceptions and Exclusions
Ordinary maintenance, repairs, replacements in kind, and interior modifications that do not affect the safety,
security, structural integrity, or extwriior appearane of the property or any improvements on the property are
expressly excluded from these standards.
No provision of these Development Standards supercedes any provision of the Development Charter of Paris
Business Park. Any apparent conflicts between the two documents shall be decided in favor of the Charter.
In the event of a conflict between the provisions of these Development Standards and the current edition of the
City of Paris Zoning Ordinance, the better quality or greater quantity shall be required.
The DRB review and approval is limited to compliance with these standards. Whenever these standards conflict
with local, state, or federal codes, laws and ordinances or with any practice of good and prudent Architectural
design, Engineering design or Construction comply with the more restrictive requirement or practice.
All development within Paris Business Park requires that a development site plan ha submitted, reviewed and
approved by the DRB prior to commencement of construction, renovation, remodel or expansion. Specific
requirements for submittal are located in Section 2.4.0 of these Standards.
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2.0.0 Development Review Board
2.1.0 Objectives
The DRB has been established to implement these standards, in order to ensure consistent quality and
integrity of Paris Business Park.
2. 2.0 Costs
Property Owners shall pay any required fee amounts for review and approval processes before the DRB
starts its review. These amounts may include the cost of DRB Consultants, who will be retained by the.
DRB, with the concurrence ofthe Owner, to aid in the review. The Owner shall pay any required fee
amounts for plan review and fees for necessary permits issued by the Building Department of the City
of Paris.
2. 3. 0 Duties
Thc DRB will:
Administer the review, approval and other processes for property improvements within Paris Business
- Park.
Provide the Owner with copies of the Improvement Submittal Form required in these processes.
Review and approve the Owner's submittals (or provide the Owner with review comments) in a time
not to exceed fourteen (14) working days without written notice to the Owner. Exception: in fast track
projects the DRB will provide a written response of approval or comments in seven (7) working days.
Establish any fee amounts for review, approval or other procedures.
Provide for the maintenance and repair of common areas, such as landscape elements, park amenities,
park entrance signage, etc.
Assist Owners with utility connections.
Be available on a reasonable basis during normal office hours to provide advice and assistance to
Owners in achieving compliance with these standards and adherence with procedures.
Authorize in writing any variances to the requirements of these Development Standards.
Recommend to thc Board any modifications to these standards it deems necessary due to changes in
conditions or building technologies.
Observe the construction of the improvements directly or through the use of Consultants, to determine
compliance with these standards. Any failure to identify non-compliance in review of the Owner's
submittal or the construction of the improvements does not relieve the Owner of any responsibility for
full compliance with these standards.
2.3.1 Membership
The Design Review Board will consist of five (5) members who will each serve a two-year
term, with terms staggered so that a maximum of three members will be elected in any one
calendar year. The members of the Design Review Board will consist of the following:
Director of the Paris Economic Development Corporation
One member of the Board of Directors of the Paris Economic Development Corporation
One member of the City of Paris Planning and Zoning staff
Two property owners in Paris Business Park.
When fifty percent of the number of lots in Paris Business Park have been conveyed to
owner/occupants, the membership of the DRB shall be as follows:
President of the Paris Economic Development. Corporation
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One member of the City of Paris Planning and Zoning staff
Three property owners in Paris Business Park.
2. 4. 0 Procedures
Owners shall submit documents in accordance with the following procedures, or as otherwise directed
by the DRB. Do not submit documents for ordinary maintenance, repairs, replacements in kind, and
interior modifications unless they affect the safety, security, structural integrity, or exterior appearance
of the property or any improvements on the property. Contact the DRB to resolve any question of
procedure, clarification of compliance requirements, or to obtain copies of the Improvement Submittal
Form. It it strongly rocommended that the Owner complete the DRB submittal review process prior to
submitting documents for governing agency review and approval. Upon completion of the DRB review
process, the Owner shall submit documents to the Building Department of the City of Paris for all
necessary permits.
2A. 1 New Construction
At least thirty (30) working days prior to starting any improvements on the property, the
Owner shall submit design documents describing the proposed improvements. That submittal
shall include full design development drawings in 24"x36'* format including phasing plans,
floor plans, elevations, sections, and diapams, and outline specifications in 8-1/2"x11" format
to the DRB along with the Improvement Submittal Form. The Owner shall clearly indicate any
deviations from these standards in the Improvements Submittal Form. The DRB will require a
minimum often (10) copies of all submittal documents for review.
The DRB will review the design for compliance with those standards and notify the Owner
within fourteen (14) working days of any discovered non-compliance.
The Owner shall make any changes to the design of the improvements necessary for full
compliance and then submit complete construction documents including detailed plans,
elevations, sections, schedules, and specifications and all construction details along with the
Improvement Submittal Form. These construction documents shall be prepared and sealed by
Architects, Landscape Architects, Civil Engineers and/or Structural Engineers licensed to
practice by the State of Texas. The Owner shall clearly indicate any deviations from these
standards in the Improvements Submittal Form.
The DRB will review the submitted documents for compliance with these standards and notify
the Owner within fourteen (14) working days of any discovered non-complinnce.
The Owner shall nmke any changes to the design of the improvements necessary for full
compliance before beginning any improvements on the property.
2.4.2 Renovations and Additions
Follow the procedure for new construction, item 2.4.1, above, but indicating whether the
improvement is a renovation or an addition in the Improvement Submittal Form.
2.4.3 Record Documents
The Owner shall Submit Record Documents ofthe improvements within thirty (30) calendar
days oftbe Owner's beneficial occupancy or use of the improvement. These will include, as
accurately as reasonably possible, locations of all above ground utilities, underground utilities
(including irrigation lines), buildings, structures, paving areas, roadways, driveways,
walkways, landscape features and civil protuberances or devices. These documents shall be
blueline or other clear, readable copies in 24"x36" format to be held in DRB files for its future
reference and use.
2.4.4 Variances
By indicating deviations from these standards in the Improvements Submittal Form, the Owner
is requesting a variance or assistance in obtaining compliance. The DRB, at its option, may
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allow such deviations by so indicating in the review response portion of the Improvements
Submittal Form. This will constitute an approved Variance to these standards.
The DRB may also approve variances by so indicating in the DRB Observation Report.
The DRB*s specific approval of any variance from any of these standards does not constitute
any approval of any other variance from that standard or any other of these standards in the
past, present or future.
2,4.5 Approvals
The DRB's approval of any document submittal of proposed Improvements or actual property
improvements comtitutes its understanding that those improvements are in compliance with
these development standards only and neither warrants nor implies any other meaning or use of
these documents.
These approvals will be indicated in writing in either the Improvement Submittal Form or the
DRB Observation Report. Refer to 2.4.7 and 2.4.8.
2.4.6 Fast Track
As an alternative to paragraphs 2.4.1 and 2,42, above, the Owner may submit documents of
proposed improvements for review fourteen (I 4) working days prior to the start of conatruction
of the improvmeents. The Owner shall notify the DRB of the need for an accelerated review
by so indicating in the Improvement Submittal Form. In that case, the DRB will review and
approve or provide written comments in seven (7) working days.
The DRB may require an additional fee for such accelerated review.
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2.4.7 PROPERTY IMPROVEMENT SUBMITrAL FORM
Paris Business Park SUBMITTAL FORM
Date: Property: Lot Number , Block
Type of Improvements:
o New Building(a)
o Addition of Existing Building(s)
O Renovation of Exixting Building(s)
O Landscaping or Sitework
. O Other:.
NOTE: You are not required to submit a form if you are only making repairs, doing maintenance or
making a replacement-in-kind of existing features.
Construction start date: Fast Track o Yes o No
Date of move in:
The following documents (EXHIBIT A) are attached: (Mark all that apply.)
-- Q Design Drawings, Outline Specifications, Schedule end Budget
Q Construction Drawings (including Site Plan, Floor plan(a), Elevations, Sections and Details and
Product Specifications.
Q Record Documents showing completed constrution Work
I hereby certify that, to the best of my knowledge and understanding, these documents are:
[] Complete and in full compliance with all provisions of the Development Standards of Paris Business Park.
OR
[] In compliance with all provisions of the Development Standards of Paris Business Park except that I request
a variance for the conditions Indicated In attached EXHIBIT B.
NOTE:Provide a list of any known deviations from the Development Standards, the reasons for each deviation
and any mitigating factors.
These documents are submitted for review and approval of the Development Review Board of the Paris Economic
Development Corporation.
Property Owner or Authorized Representative Date
(Attach a letter of authorization)
DRB REVIEW: (Applicant do not write below this line.)
We have carefully reviewed the submitted documents and they are:
O approved without exception, proceed.
O approved based on the attached list of required changes.
O returned for correction/completiontion the attached list of required changes.
DRB Representative Data
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2.4.8 DRB Observation Report
Paris Business Park PROPERTY IMPROVEMENT
FIELD REPORT FORM
Date: Property: Lot Number , Block ~
Type of Improvements:
[] New Building(s)
[] Addition to Existing Building(s)
[] Renovation of Existing Building(s)
[] Landscaping or Sitework
[] Other
Present at Site:
Work is:
[] Under Construction
[] Completed
Observations:
The observed work appears to:
[] be in accordance with development standards, no action is required
[] deviate from the development requirements, make the following corrections or changes:
Cc: Owner
Project File DRB Representative
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3.0.0 Architecturll Design Standards
3. 1.0 General Requirements
One objective of these Architectural Design Standards is to develop and maintain a consistent
quality of design and construction throughout Paris Business Park. This will generally be
achieved by limiting the selection of building materials and components to a compatible range
and by screening potentially objectionable elements from public view.
Another objective is to provide safe and attractive facilities that can and will be readily
maintained in a working business and industrial environment. Light colors are intended to
reduce utility costs and emphasize the glazing, entrance and landscape elements. Painted trim
and other colors shall be tasteful and coordinate with the general color scheme of the
development.
The overall color scheme for each buiiding shall be submitted to the DRB for review and
approval.
e.2.0 Building Materials
3.2.1 Design Intent/Material Standards
Materials are selected to be durable, attractive and compatible. Avoid materials and
features that change or degrade greatly over time, The requirement for ongoing
maintenance is also a major concern. There is no intent to limit selections to any one
manufacturer's products. If comparable quality of finish, color and durability material
can be obtained from another source, it will meet these standards.
3.2.2 Exterior Stairs and Structures
All exterior canopies, stairs, frames, pergolas, and other exposed features shall be
supported by a concrete, steel or aluminum Structure with similar steel or aluminum
handrails, balusters and guardrails. Any floors and pans shall be galvanized steel with
concrete fill or pre-cast concrete.
3.2.3 Exposed Metals
Roofing panels shall be pre-painted white, gray, or tan (to match cream colored
limestone). Wall panels are preferred to be, but not limited to, pre-painted white,
gray, or tan. Submit color to DRB for review and approval if color is different from
those listed herein..Wallpanels may be flat panels with vertical or horizontal reveals,
or multi-rib panels. Roofing panels shall be standing seam or "R." panels.
All exposed metal trim, window mullions, downspouts, flashing or door frames shall
be clear anodized aluminum or pre-painted aluminum or galvanized steel.
All painted metals shall be a Kynar or other fluoropolymer finish warranted not to
fade or wear for 20 years of normal use.
Unpainted gallvanized or galvalume metal shall not be exposed.
3.2.4 Exterior Walls
Finished wall surfaces shall be limited to architecturally finished concrete tilt-wall,
architecturally finished precast concrete, pre-finished metal panels, limestone, brick or
glazed brick masonry, concrete masonry units, or glazing systems in authorized colors
only.
Tilt-wall site cast and precast concrete shall be colored, but not limited to, white or
cream to match limestone.
Combination of finished concrete tilt-wall, architecturally finished precast concrete,
brick or glazed masonry and limestone shall consist of a minimum of 15% of total
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exterior wall and 90% of non-glazed system wall surface of front elevation at main
entrance.
3.2.5 Glazing
All windows shall be glazing systems with outer panes of Iow-e glazing with an inner
pane tinted gray or green. Clear glazing or other colors must be submitted to and
approved by the DRB.
Reflective glazing, including reflective glass block may be used as an accent only and
shall not exceed 5% of the surface of any wall and shall not exceed 100 Square Feet
on any building.
.All window frames and glazing mullions shall be clear anodized aluminum.
3.2.6 Masonry
Limestone shall be Chalk White, Cordova Cream or Leuders Gray with flush mortar
joints in a color that matches the stone.
Brick shall be any blend of the above limestone colors, or any blend of red with
horizontal tooled mortar joints in white or gray, as appropriate.
Glazed brick shall be white, black, gray, orange or red with either flush or horizontal
tooled mortar joints in white or gray as appropriate.
Concrete masonry units (concrete block) may be used in service areas, out of general
public view, or decoratively, if smooth and split faced are used in a pattern and only
in colors to match the following Featherlite mixes:
Limestone, Pewter Lone Star Grey or Red Brick
Standard gray concrete block and fluted concrete block of any color shall not be used
in general public view from a right-of-way.
3.2.7 Roofing
Roofing shall be pre-painted, light colored standing seam or "R" type metal panels
with a minimum slope of 1" per foot; white, gray, or black single ply membrane;
modified bitumen or 5 ply built-up roofing with white gravel ballast at a minimum
slope of 1/4" per foot. All roof designs shall prevent ponding.
All exposed roof mounted equipment, flashing, piping, conduit and vents on all
exposed roofs shall be finished to match the roof surface unless screened from pub!!c
view.
3.2.8 Wood
All exposed wood shall be limited to main entry doors, door frames, door trim,
window mullions, and decorative roof soffits. Wood siding and wood shingles shall
not be installed as veneering material or roofing. No wood shall be exposed on
buildings unless it is treated for exterior use, and protected from direct sun and rain by
an overhang. All exterior wood on buildings shall be painted, stained and sealed or
clear finished and then only with the expressed, written approval or'the DRB.
3.2.9 EIFS
This wall system is permitted for use in the Paris Business Park provided that it is
installed and maintained in strict accordance with the manufacturer's instructions.
EIFS used in the Paris Business Park must have the final exposed color integral to the
entire thickness of the topcoat. A fiber reinforced cement plaster (stucco) system will.
also be acceptable.
3.2.10 Synthetics
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Use of new technologies and materials such as composite wood and plastics, as well
as existing technologies and materials used in innovative ways to achieve the
objectives of these standards, is encouraged. Provide product data and samples,
including color samples, to DRB for evaluation and specific, written approval prior to
any use on the property.
3.3.0 Trash Receptacle Screens
Include an enclosure for the refuse and trash of each buildine group of buildings or separate
business enterprise to be accommodated on the site. This enclosure shall screen from any
public view all storage, handling, processing, moving and disposal of trash and other waste
products. The enclosure shall be of mason, plaster, metal, or other materials compatible with
the materials used on the exterior of the building(s). See Site Diagram No. 4.1.8.2.
3.4.0 Roof Drainage
All structures shall provide positive drainage from each building by means of sloped roofing
surfaces, roof drains to internal rainwater leaders, and/or exterior downspouts. These shall
terminate in underground drainage lines or in concrete splash blocks sized to prevent erosion or
damage to plant materials. All rainwater products shall be sized appropriately for a 25-year
rainfall and, where expoxed, be made of anodized aluminum or pre-painted galvanized steel.
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Paris Business Park DEVELOPMENT STANDARDS
PariS, Texas Paris Economic Development Corporation
4.0.0 Site Planning Standards
4.1.0 Objectives
Provide a safe, orderly and attractive environment for Paris Business Park.
4.1.1 Setback Yards
Setback Yards define the limits on the property for construction of buildings and
walls, columns or posts that support a roof. The minimum setback yards from
property lines are ns follows:
Along any street in Paris Business Park - 30'
Common with adjacent property within Paris Business Park - 10'
Common with adjacent rear property within Paris Business Park - 10'
Common with adjacent property outside the boundaries of Paris Business Park - 20'
When two or more conditions apply, the greater or greatest minimum shall govern.
Refer to site diagram no. 4.1.8.1.
4.1.2 Building Orientation
Conditions may vary for any particular piece of property, but generally front the main
building on the street of the property address. Locate service yards, trash areas and
materials or equipment storage to the side or rear of the property, away from street
view. Refer to site diagram no. 4.1.8.2.
4.1.3 Buffering
Provide a landscaping buffer along property lines of the perimeter of Paris Business
Park. Where the adjacent property is any occupancy other than industrial, provide a
continuous fence, and where a service or truck yard abuts any occupancy other than
industrial, provide a continuous solid fence with landscaping as screening.
Provide landscape screening, at a minimum, around any service yard or way. Refer to
site diagram no. 4.1.8.2.
4.1.3 Walkways
Provide concrete walkways 5' wide minimum from parking areas to building
entrances and 5' wide asphalt walkways where required in Service Yards, etc.
4.1.4 Service Yards and Open Storage Areas
Service Yards include truck docks, turnarounds, loading and unloading areas,
materials or equipment storage areas, truck parking areas, staging areas, and the like.
These areas and any associated service drives or truck access routes off the public
right-of-way are to be screened from public view with landscaping and or a wall of
permanent construction from material similar to the building palate. The service yard
shall be set back ten (10) feet from the front face of the building. The design and
materials shall be approved in writing by the DRB. Any screening wall shall be of a
height at least equal to that of the materials or equipment being stored, but in no event
shall be less then six feet. Location of all outside storage shall be limited to the rear
two-thirds of the site, and shall be approved in writing to the DRB. Walls facing the
street of adjacent parcels shall be softened with landscaping as approved by the DRB.
Refer to site diagram No. 4.1.8.2.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
Storage tanks (including water storage), processing equipment, trash containers,
maintenance facilities, mechanical systems, and trucks based on the premises shall
either be housed in closed buildings or otherwise screened from public view in a
manner architecturally compatible with the building and approved in writing by the
DRB. Such screening shall include landscaping and/or permanent fences of solid
materials similar to the building and be located as far from the front and side property
lines of the site as reasonably possible.
4.1.5 Fencing
Any fencing on the property shall be constructed of wood, metal panels or masonry
and, where not required to be solid, may contain, spaces, gaps or holes for
ventilation, light or decorative effect. Provide landscaping or other means of meeting
any requirement to block sight lines into service yards or areas.
4.1.6 Retaining Walls
When retaining walls are required by changes in grading, provide suitable materials
, such as drystack limestone, precast concrete or concrete block designed for that
specific use. Rail road ties and "Wolmanized" or other treated lumber or wood are
not suitable materials, however, some wood composite materials may be used.
Provide complete product information and samples any such proposed materials to
DRB for review.
4.1.7 Underground Utilities
All building utility lines shall be placed underground from the tap or connection
through penetration into the building, inclusive.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
4.1.8 Site Diagrams
2 BUFFERING TO BLOCK SIGHT LINES
NO SCALE
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas' Paris Economic Development Corporafiod'
4.2.0 Paving and Driving
4.2.1 Paving Materials
All paving shall be asphalt or concrete with gravel or lime stabilized base to provide a
Traffic Index of 4.0 where limited to automobile traffic and 5.0 for.any large track
traffic areas, including any required fire track access areas.
4.2.2. Driveways
Provide asphalt or concrete paving with contuse curbs and gutters. Driveways for
passenger vehicles shall consist of a 10' lane or lanes. No lane may accommodate
Traffic in more then 1 direction. Where large truck access is required, provide 25'
wide drives with minimum turning radius of 20'.
4~..3 Parking Areas
Parking areas shall be asphalt or concrete paving with concrete curbs and gutters.
Provide a landscaped berm between parking areas and the street or right-of-way and
provide a planting area with a tree at a spacing not to exceed ten (10) spaces. The
average height of the berm shall be not less than two (2) feet, nor more than five (5)
feet.
All parking spaces shall be a minimum of 9'-0" wide by 18'-0" deep, parking striping
shall be 4" wide white, standard paving paint. Provide a concrete wheel stop or a 3'
wide planting strip along the curb. Refer to Parking Diagram 4.2.5.1.'
Handicapped spaces shall be provided to ADA and code requirements and shall all be
suitable for vans. Provide all signnge, striping, curb cuts and ramps requil~l for ADA
compliance.
4.2.4 Minimum Parking Requirements
Office and Showroom 1 space per 300 SF
Manufacturing 1 space per 1000 SF
Or 1 spaces per 5 shift workers, whichever is greater
Warehouse 1 space per 1000 SF up to 20,000 SF
And 1 space per 2000 SP of 20,001 to 50,000 SF
And 1 Space per 4000 SF of 50,001 SF or more
4.2.5 Minimum Off-Street Loading Requirements
1 - 10' x 25' loading space per 20,000 SF of floor area in excess of 3000 SF
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
4.2.6 Parking Diagrams
2 HANDICAP ACCESSIBLE PARKING
NO SCALE
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Paris Busiuess Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation.
4. 3. 0 Site Lighting
4.3.1 Objective
The intent of the lighting standards is to provide safe, attractive and economical
access around the site. All lamps shall be high-pressure sodium, low pressure sodium
or mercury vapor only. Site lighting shall comply with lES recommendations to
minimize light pollution.
· 4.3.2 Building Exteriors
Building walls may be lit with up lights in the landscape or with down lights in soffits,
walls or fences.
4.:3.3 Site Signage
All building or tenant identification signage shall be lit with up lights in the landscape
or with down lights in soffits, on walls or on fences only.
4.3.4 Pedestrian Walkways
Pedestrian walks may be lit with bollard lights in the landscape or with down lights on
12' poles, walls or fences.
4.3.5 Parking and Driveways
Parking areas and driveways may be lit with up lights in the landscape or with down
lights on 30' poles, fences, walls or in building soffits. Lights on poles shall have a
total cutoff above 90 degrees to minimize light pollution.
4.3.6 Landscape Accent
Landscape features and trees may be lit with up lights in the landscape or with down
lights in trees or on walls or fences. Refer to the following Lighting Diagram No. 1
4.3.7 Service Yards
All service yards for truck or work activity including loading, unloading, turnarounds
and maintenance shall be lit with down lights on 30' poles and/or in building soffits,
on walls or on fences. Lights on poles shall have a total cutoff above 90 degrees to
minimize light pollution.
4.3.8 Minimum Requirements
The minimum light level, as measured in foot-candles on the surface of the material,
shall be:
Pedestrian walkways and service stairs ............................ 1 FC
Employee and visitor parking areas ....................................1 FC
Driveways and service drives ............................................ 2 FC
Service yards with truck access or work activity ................ 2 FC
Building entrances visitor stairs ......................................... 2 FC
Outdoor emergency assembly areas, ladders or ramps ... 1.5 FC
The maximum ratio between the minimum lighting level and the average lighting
level shall not exceed 4:1. The minimum light level anywhere along a nighttime
egress path shall be at least 0.1 foot-candle.
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Paris Business Park DEVELOPMENT STANDARDS.
Paris, Texas Paris Economic Development Corporation
4.3.9 Lighting Diagrams
TYPICAL ACCENT LIGHTING FOR LANDSCAPE
No Scale
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
4.4.0 Site Signage
4.4.1 General Requirements
Signage shall be limited to permanent signs required for building and tenant
identification, accessibility and traffic control. All signs, including temporary signs,
must be approved by the DRB prior to installation and meet all applicable
governmental regulations and permit requirements. The location, size, color and
construction of signs will .be in keeping with the standards of the project.
No rooftop signs will be permitted.
No signs or any other contrivance shall be devised or constructed so as to rotate,
gyrate, blink, move or appear to move in any fashion.
4.4.2 Building and Tenant Identification Signs
All Tenant Identification signs shall be located no closer than six (6) feet to the right-
of-way of the street. Provide signs in one of the two sizes indicated in Signage
Diagrams I and 2, below, as appropriate for the number of tenants. Street address
signs will be an integral part of the site design.
4.4.3 Handicap Accessibility Signs
Provide all required handicap accessibility signage including parking space
identification signs and, where required, directions to an accessible entrance. Comply
with all requirements of the Americans with Disabilities Act of Congress and Texas
Accessibility Standards.
4.4.4 Other Exterior Signs
Provide traffic direction signage either painted on the paving or standard metal traffic
signs on poles.
Signs on buildings shall be limited to individual letters attached to the wall surface or
cast into the wall material. These letters shall be no more than 6" high and of
materials, colors and spacing specifically approved by the DRB in writing. Box signs
are not acceptable.
Property seller's temporary signs shall be of a size and type approved by the DRB.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporafio.n'
4.4.5 Signage Diagrams
1 TENANT IDENTIFICATION SIGN - TYPE 2
NO SCALE
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Paris Business Park DEVELOPME STANDARDS
Paris, Texas Paris Economic Development Corporation.
5.0.0 Landscaping Standards
5. 1.0 General Requirements
5.1.1 Objectives
Provide a safe, secure and attractive site that is easy to maintain and drought tolerant
Preserve existing trees to the greatest extent possible.
5.1,2 Existing Trees
Existing trees greater than 12" caliper shall not be removed from the site without prior
written approval of the DRB. Existing trees greater than 6" caliper shall be protected
from damage during construction, using methods approved by the DRB.
5.1.3 Minimum Requirements
At a minimmn, provide grass or ground cover to hold the soil in all unpaved areas of
the site. Provide all landscape screening and berms required by these standards. Use
only approved plant materials without approval of the DRB.
5.1.4 Front Yard
The front yard area shall consist of the area between the street landscape area and the
paving setbacks, including berms and swales. This 20-foot setback should be planted
in Bermuda grass and groups of trees from the selected plant list.
5.1.5 Sight Lines
Use landscaping as screening materials according to the following groupings and
diagrams. Landscape treatment shall not interfere with sight line requirements at
street or driveway intersections as required by the City or State.
5.1.6 Screening and Fencing
Provide landscaping and fencing along any property lines that bound Paris Business
Park, where adjacent to service yards, storage areas or trash or refuse containers.
Landscaping or other screening acceptable to the DRB shall be provided between
residential sites and other incompatible land use areas such as schools, day care
facilities, etc
5.1.7 Earthen Berms
Provide berms to screen parking areas and separate them from the roadways. The
average height of the berms shall be not less than two (2) feet, nor more than five (5)
feet.
5.1.8 Irrigation
In all planting areas, provide a complete underground irrigation system of PVC or
other suitable piping.. Include a backflow preventer valve at the connection to the
potable water system and automatic control system with timer.
5.1.9 Installation
Use reasonable care when installing plant materials. Protect them from extreme
conditions and prevent any silting or runoff prior to final installation.
5.1.10 Maintenance
Maintain all plantings areas with regular watering, mowing, weeding and edging of
beds. Fertilize as often as necessary with material appropriate for the plants. Replace
all topsoil or mulch that has been disturbed for any reason. Replace any plants,
shrubbery or trees that die or are severely damaged.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
5.1.11 Areas for Expansion
Seed or sprig areas to be left unused. Provide appropriate fertilizer and water as
required to maintain good coverage.
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'. Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
5.2.0 Recommended Plant Materials
5.2.1 Grass and Sod
All sites shall have properly maintained grass along the front of each site, between the
street curb and the building, or between the street curb and parking area. Where
erosion is expected to occur due to topography of the site, solid sod shall be used at
the backs of landscaped walls, curbs, and sidewalks in a continuous strip. Solid sod
shall be used at any location in the landscape where potential erosion may occur.
Solid sod shall be of the same type and quality as specified for the rest of the site.
Erosion control should be implemented as required during the construction process
and until the landscape is established.
Group I - Vines and Groundcovers
Clematis
Carolina Jessamine
Group 2 - Grasses
Centipedegrass
Bermudagrass
St. Augustinegrass
Zoysiagrass
5.2.2 Trees
Group 1 - Canopy Trees
Live Oak
Loblolly Pine
Red Maple
Sweet Gum
Shumard Oak
Bald Cypress
Group 2 - Sub-Canopy small Flowering Trees
Saucer Magnolia
Crape Myrtle
Dogwood
Redbud
Japanese Maple
Yaupon
Wax Myrtie
5.2.3 Shrubbery
Spirea
Azalea
Dwarf Wax Myrtle
Cleyera
Camellia
Juniper (Pfitzer, Blue Rug, etc.)
5.2.4 Tree or Plant Material Substitutiom
When a specific type of plant material ceases to become generally available, the
owner shall submit appropriate substitutions to the DRB for approval.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporatio9.
5.2.5 Landscaping Diagrams
2 LANDSCAPE PLAN ALONG
STREETS
No Scale
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Paris Business Park
Paris, Texas
DEVELOPMENT STANDARDS
Paris Economic Development Corporation
GROUP
1
SCREENING BETWEEN INCOMPATIBLE USES
No Scale
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Page 24 of 30
1/9/03
Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
6.0.0 Civil Engineering Standards
5.1.0 Internal Roadways
Internal roadways are paved lanes connecting parking or service areas to public streets.
6.1.1 Roadway Types
Service Drives are any internal roadways that will allow access to large trucks,
including fire tracks.
Parking Access/Egress are roadways limited to automobiles and light trucks, pick up
trucks and sport utility vehicles.
6.1.2 Traffic Index Requirements
All service drives shall be designed to the requirements of a T. 1. of 5.0.
All automobile parking access/egress roads shall be designed to the requirements of a
traffic index of 4.0.
6.1.3 Size and Layout Requirements
All internal roadways shall provide minimum 10' wide lanes for visitor and employee
vehicles. Minimum turning radius shall be no less than 10'. Where access by large
trucks including fire trucks is required, provide minimum lanes of 13' wide with a
turning radius of 45' minimum. Where tractor-trailer access is required, provide
minimum 13' wide lanes with a 55' minimum turning radius and n 30' lane.
6.1.4 Roadway Diagrams
The diagrams on the following page illustrate some parts of an internal roadway
system:
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
I TYPICAL PARKING ACCESS I EGRESS ROAD
No Scale
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation.
5. Z 0 Stormwater Management
6.2.1 Objectives
To provide controlled positive surface drainage away from buildings and other site
features and to an underground storm water system. The completed design and
installed system shall comply with all applicable state and local regulations and
ordinances.
6.2.2 General Design Considerations
Provide a complete drainage system that accounts for runoff from impervious surfaces
and directs stormwater to underground piping by direct connection or area inlet. Each
system may include some or all of the following:
· roof drains with overflow protection
· downspouts tied directly to underground storm piping or with surface
drainage directly to impervious surface
· landscape swales or drainage channels
. area drains or vaults
. underground piping
6.2.3 Design Standards
Each succeeding pan of every drainage system shall be designed to the minimum
capacity of the amount of a 25-Year rainfall cumulatively in the system.
6.2.4 . Diagrams
The following diagrams illustrate various parts of a typical stormwater drainage
system:
I SECTION AT SWALE & BERM
No Scale
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Paris Business Park DEYELOPIVlELYT STANDARDS
Paris, Texas Paris Economic Development CorPoration..,..
3 SECTION AT DRAINAGE STRUCTURE
No Scale
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
7.0.0 Construction and Maintenance Standards
7.1.0 General Requirements
7.1.1 Objectives
The objective of these Construction and Maintenance Standards is to develop and
maintain a consistent quality and orderly appearance throughout Paris Business Park.
7.1.2 . Construction Regulations
The Owner shall obtain approval of all proposed improvements from appropriate
governing authorities prior to start of the improvements on the property.
7.1.3 Construction Standards
Through out the full duration of construction, the Owner shall keep the property in as
clean and attractive condition as is reasonably possible. This includes, but is not
necessarily limited to, use and maintenance of construction fencing, a stabilized
construction entrance, prevention of accumulation of mud and other construction
debris on roadways and adjacent property, direction signage and barricades,
dumpsters and regular and timely removal of refuse, orderly staging areas, and regular
site cleaning. In addition, take reasonable measures to keep right-of-ways open and
passable, including providing personnel to direct traffic and cleanup of mud and
debris when necessary.
7.1.4 Excavation
No excavation shall be made except in conjunction with construction of an
improvement or maintenance of utilities or other site facilities. During excavation,
comply with all requirements of the City of Paris, State of Texas, OSHA, and any
other authority with jurisdiction over such Work. On completion of the Work
requiring excavation, backfill all openings, grade them and return them to original
conditions of landscaping or paving to match existing.
7.1.5 Construction Completion
Once site improvements begin, either by performance of Work on the site or by
placement of materials, barricades or equipment on the site, that Work shall continue
without interruption to the Owner's beneficial occupancy and Final Completion of the
Work, as much as reasonably possible.
7.2.0 Maintenance
It is the sole responsibility of each property owner to maintain the property and all
improvements in substantially the same condition as when newly completed. Inspect all
sitework regularly and perform preventive maintenance as is practical. Complete all necessary
repair quickly and completely.
7.2.1 Landscaping
Mow and edge lawns, weed beds and remove any trash, refuse or litter.
7.2.2 Paving
Repaint stripes as necessary, fill any holes or cracks and seal asphalt surfaces or
overlay as required. Patch any cracks, chips or otherwise damaged concrete paving or
curbs. Replace broken precast concrete wheel stops.
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Paris Business Park DEVELOPMENT STANDARDS
Paris, Texas Paris Economic Development Corporation
, 7.2.3 Walls
Re-point masonry mortar joints, touch up scratches, chips or otherwise damaged metal
wall panels.
7.2.4 Fences
Repair all holes, splits and repaint or seal any wood fences. Replace any broken or
missing pickets. Repoint masonry mortar and replace any broken bricks or blocks.
7.2.5 Roofs
Repair all holes, splits and dips in single ply roofs. Replace or straighten and repaint
any damaged metal panels. Fill in and patch any areas of pending where water stands
greater than 3' in diameter.
7.2.6 Lighting
Replace any light globes that burn out or break. Replace any lenses with holes, or
splits. Replace or repair and repaint any broken or bent light poles or standards.
7.2.7 Signage
Replace any signs that are damaged or missing. Patch and refinish any damaged or
cracked concrete signs or footings. Replace or repair and repaint any broken or bent
sign frames, poles or standards.
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President Guest called for consideration of and action on a resolution approving
and adopting Development Covenants for the Paris Business Park.
Mr. Vest explained that these covenants would govern the Industrial Park. City
Attorney Schenk has looked at them and has prepared a twelve page summary
of his suggested changes. Mr. Vest said these covenants call for a property
owners association.
Mr. Vest said that the City Attorney is leaning more towards a corporation entity
that would govern the Park. City Attorney Schenk said that the only reason that
he did that was under Article 1, Definition, it states that "the Association will
mean or refer to Paris Business Partners Property Owners Association, Inc.".
That is the reason he made reference to those issues of an incorporation entity.
Mr. Vest said he did not think it would make a whole lot of difference either
way they go. Mr. Vest said he has visited with the architect who has done this
for dozens of developments, and his recommendation is for an association. Mr.
Vest said it was the architect's recommendation to keep it as simple as possible.
He said that the second thing they should keep in mind is for the association or
the corporation to accomplish what they wanted to do. Mr. Vest felt they should
look through this covenant and decide what they wanted to do, but for his
money, all common areas are properly maintained and the development
standards are adhered to, and to remove PEDC as the perpetual caretaker once
a percentage of the park is sold. PEDC has a very minimum role in this
association and it will not be eliminated but it will have a lesser role.
Director Fendley wanted to know if there was an association, if he was a
member of that group and had a business in the park, would he assume some
liability as an individual, more so than he would if it was an incorporated entity?
City Attorney Schenk said he thought that was true, by law, they will assess
liability to someone or some entity. City Attorney Schenk said he was not
making a recommendation either way and a number of his comments do not
933
have to do with whether it is a corporation or not. It was just things he saw in
the document, The City Attorney said he thought that the question of liability
could be a very real issue, He said he was more familiar with dealing with
associations in residential areas in Houston and all of those have been
incorporated. They can be an insured entity. They can require others to have
insurance. Director Wall stated that this should be an association because most
of the companies will be incorporated so they are going to have that shield
between them. Mr. Vest advised that Jim Shackleford has established many of
these associations and he felt. that an association was the easier of the two ways
of dealing with this matter. Mr. Vest felt that the covenants and by-laws of the
association or corporation, whatever they setup, should be whatever is deemed
necessary by the majority of the membership.
After a considerable amount of discussion, a motion was made by Director Wall,
seconded by Director Fendley, to table action on Agenda Item .No.
approving a resolution adopting Development Covenants for the Paris Business
Park, and Agenda No. 5F, a resolution approving and adopting the By-Laws for
the Paris Business Park Property Owners' Association, and place these items on
the next agenda. The motion carried 4 ayes, 0 nays.
Chairman Guest announced that the next item on the agenda was to receive
information, discuss, and take possible action on providing incentives for
Project Holt.
Mr. Vest advised the Board that Project Holt is a prospect that he met with last
Friday. Erik Roddy passed out information regarding this project. Mr. Vest
said that this prospect came to the PEDC through the Texas Department of
Economic Development. The Company is called C-Tech, Inc., and is out of
Minnetonka, Minnesota. He said they use a company to help them do their site
search called ECODEV represented by.Dana Olson, who was the PEDC's first
contact. Mr. Vest discussed a visit the past Friday with Mike Meshbesher, the
CEO of C-Tech. Information has been furnished to the Board, showing the
company's web page and the address.. There were also several articles that Erik
placed in the packet about Mike Meshbesher and his company. There is a
934
business journal article that he received from Minnesota between cities and
areas where they were identified as one of the top 50 private companies in the
area, and C-Tech was rated as number six. It has gone from sales in 1999 of
4.7 million to 14.8 million in sales for 2003. Mr. Vest advised that what this
company does is they have contracts with Dell, Hewlett Packard, and Compaq
and they purchase large quantities of computers and computer parts and put
together computer systems for corporations using these computers that they get
from other computer manufacturers. It is a somewhat high tech business. They
have been growing by leaps and bounds.
Mike Meshbesher lived in Plano for a number of years and that is why he was
looking at Texas. Mr. Vest said they looked at several cities in Texas and Paris
did not have a good existing facility for them, but through Erik's follow up
work, they were able to get in contact with them and convince them to come and
take a look at Paris.
Mr. Vest advised that there is a letter from Dana Olson that he asked the Board
to look at, which spells out their request and what they are looking for and he
summarized their request as follows:
1. A $1.5 million, 0% interest loan with a 15 year term, payable in 1/15
installments each calendar year. A credit will be provided against the
payment due of $1 for every $10 that C-TECH has paid to all new
employees in the Paris office.
2. Your assistance in finding a temporary location suitable for operating up to
12 months. The lease rate should not exceed $2/sq. ft..
3. A parcel of land in the Northwest Industrial Park, sufficient to house C-
TECH's expanded operation, including room for expansion, delivery and
parking. C-TECH will then, on its own with a developer in Paris or one
of its choosing, build a permanent facility for their operation. This will
give Paris an anchor business in its new park, and the property will be
owned by the corporation.
Mr. Vest said.they were looking for a temporary place where they can set up
shop and start operating while they build a building in the Northwest Industrial
park, but they need about a 50 thousand square foot building. They are looking
for a one year lease. They looked at the K-Mart Building and the lease on it was
$300,000.00, which was too much. They also looked at the Foxworth Building.
They have found a building that they think will work and is owned by Chip
Harper and it is located behind Rocking W BBQ. Mr. Vest said it has about
30 Thousand square feet and they felt it could work and the cost would be
$60,000.00 for a year's lease.
Mr. Vest informed the Board that Mr. Meshbesher has a national sales force and
they go out and sell these systems to companies and he hopes to have 200
employees by the first of the second year. Director Fendley questioned why
Mr. Meshbesher needed $1.5 million on hand. Mr. Roddy advised that is
because of the large amount of inventory that is needed to be kept on hand.
Director Fendley asked if the PEDC could take out a lien on the inventory, and
it was the general consensus of the Board that they could.
Mr. Vest said he called Mr. Meshbesher about some of the Board Members who
might go up to Minnesota and look at his operation. They posed that question
to him and they will pick them up and it will only be about 15 minutes to their
plant, spend the day or night whatever they wished to do. Mr. Vest felt that it
is something they should do before they take action. It was the Board's
consensus to check out his current operation in Minnesota.
Mr. Walters advised that he had talked with Mr. Meshbesher and they were
expecting some of the PEDC Board Members to visit his operations. Mr.
Walters stated that he thought Paris Junior College could get the money from the
state to help them do the training.. Mr. Walters said you are going to have
people at different levels. He also told Mr. Meshbesher about the MHMR and
stated that MHMR clients could do packaging for that company. Mr. Walters
said Mr. Meshbesher was very high on the City of Paris and he had talked to
Campbell Soup and Kimberly-Clark and they were very complimentary of the
workforce that the community has.
936
After further discussion, a motion was made by Director Fendley, seconded by
Director Severson, to go with Mr. Vest's proposal, that all the Board Members
that can go travel to Minnesota and visit C-Tech and directed Mr. Roddy to
make the arrangements. The motion carried unanimously.
There being no further business the meeting was adjourned.
JAY GUEST, PRESIDENT
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK