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HomeMy WebLinkAbout2022.09.20_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, September 20, 2022 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RECEIVED 1. Call to Order Chair Kelly Lewis SEP 16 2022 2. Roll Call City Clerk's Office 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - September 6, 2022, and September 13, 2022, Regular Meetings B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to a Small Business Enhancement Agreement for Development Project Assistance in the Owasso Redbud District Project Plan, Tax Increment Financing District No. 1 Chris Garrett Staff recommends approval and execution of the agreement with Sajar Properties and authorization for payment in the amount of $1,500.00 for the fagade improvements located at 118 South Main Street. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date September 10, 2022 • Monthly Budget Status Report - August 2022 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 10. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 10, 2021, and the Agenda posted at City Hall, 200 South Main Stre t, at 12:00 pm on Friday, September 16, 2022. Clerk riann . Steve ns, C Clerk The City of Owasso encourages citizen participation. To request odation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @cityofowosso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, SEPTEMBER 6, 2022 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, September 6, 2022, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 5:00 pm on Thursday, September 1, 2022. 1. Call to Order - Chair Kelly Lewis called the meeting to order at 7:10 pm. 2. Roll Call - A quorum was declared present. Present Absent Chair - Kelly Lewis Trustee - Doug Bonebrake Vice Chair -Alvin Fruga Trustee - Bill Bush Trustee - Lyndell Dunn Staff: Authority Manager- Warren Lehr / Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent' are considered by the Authority to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - August 16, 2022, Regular Meeting B. Approve claims Mr. Fruga moved, seconded by Mr. Dunn to approve the Consent Agenda as presented, with claims totaling $1,040,121.90. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda -None 5. Consideration and appropriate action relating to a contract for solid waste disposal services Roger Stevens presented the item, recommending approval of an agreement with Waste Management of Oklahoma, Inc. of Oklahoma City, Oklahoma, and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Ms. Lewis to approve the agreement and authorize execution of the necessary documents, as recommended. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 6. Report from OPWA Manager -None 7. Report from OPWA Attorney -None 8. Official Notices - The Chair acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date August 13, 2022 and August 27, 2022 9. New Business - None 10. Adjournment Mr. Dunn moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bush, Dunn, Fruga, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:19 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, SEPTEMBER 13, 2022 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, September 13, 2022, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 10, 2021; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 12:00 pm on Friday, September 9, 2022. Call to Order /Roll Call - Mayor /Chair Kelly Lewis called the meeting to order at 6:00 pm. A quorum was declared present. Present Absent Mayor /Chair- Kelly Lewis None Vice Mayor /Vice Chair -Alvin Fruga Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Lyndell Dunn 2. Consideration and appropriate action relating to a request for an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communications between the City Council and its Attorney concerning Case No. CJ- 2019 -3110, City of Owasso v. Keys Plus Properties, LLC, to obtain property located at 11625 North 113th East Avenue for the East 116th Street North and North Garnett Road Intersection Improvement Project Julie Lombardi recommended the City Council enter into executive session. Mr. Bush moved, seconded by Mr. Dunn to enter into executive session. YEA: Bonebrake, Bush, Dunn, Fruga, Lewis NAY: None Motion Carried 5 -0 At 6:01 pm, the City Council along with Warren Lehr, Julie Lombardi, Chris Garrett, Roger Stevens, and Doug Dodd entered into executive session. At 6:52 pm, the City Council exited executive session and returned to open session. 3. Discussion relating to the Small Business Enhancement Application received for property located at 118 South Main Street, as provided for in the Owasso Redbud District Project Plan and Policy Guide for Tax Increment Financing (TIF) District No. 1 Chris Garrett presented the item and discussion was held. It was further explained this item would be placed on September 20, 2022, OPWA agenda for consideration and action. 4. Discussion relating to the proposed annexation (OA 22 -01) of approximately 6.35 acres located along East 116th Street North, between Garnett Road and North 129th East Avenue Alexa Beemer presented the item and discussion was held. It was further explained this item would be placed on the September 20, 2022, City Council agenda for consideration and action. 5. Discussion relating to the purchase of a Work Order and Pavement Management System for the Public Works Department Teresa Willson presented the item and discussion was held. 6. Discussion relating to City /Authority Manager items A. Monthly sales tax report and revenue outlook B. City Manager report Warren Lehr introduced Carly Novozinsky to present item A and discussion was held. Mr. Lehr reported on the annual block parties and discussion was held. 7. City Councilor /Trustee comments and inquiries - None Owasso City Council, OPWA & OPGA September 13, 2022 Page 2 8. Adjournment The meeting adjourned at 7:08 pm. Kelly Lewis, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK LOWES- SUPPLIES $19.74 COFFEE CREEK LIFT STATION -Total FUEL EXPENSES AUG 22 $19,74 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $182.03 JPMORGAN CHASE BANK LOWES -TOOLS $37.96 JPMORGAN CHASE BANK REASORS -FOOD $31.50 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $162.32 UNIFIRST HOLDINGS LP UNIFORM SERVICES $59.16 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $55.60 OPWA ADMINISTRATION •Total BUMPER- SUPPLIES $528.57 JPMORGAN CHASE BANK AMAZON -PARTS $16.98 JPMORGAN CHASE BANK BUMPER -MAINT $59.70 JPMORGAN CHASE BANK NATURAL EVOL -WASTE $1,215.17 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $50.00 JPMORGAN CHASE BANK WASTE MGMT- DISPOSAL $1,290.59 UNIFIRST HOLDINGS LP UNIFORM SERVICES $37.40 RECYCLE CENTER -Total $2,669.84 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $2,348.36 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $6,033.61 JPMORGAN CHASE BANK AMAZON- SUPPLIES $31.26 JPMORGAN CHASE BANK AMERIFLEX- SUPPLIES $50.44 JPMORGAN CHASE BANK BRUCKNERS -MAINT $222.63 JPMORGAN CHASE BANK BUMPER -MAINT $60.69 JPMORGAN CHASE BANK BUMPER -PARTS $28.93 JPMORGAN CHASE BANK BUMPER- REFUND ($37.23) JPMORGAN CHASE BANK BUMPER- SUPPLIES $144.10 JPMORGAN CHASE BANK COVANTA- DISPOSAL $2,221.02 JPMORGAN CHASE BANK CUMMINS- EQUIPMENT $421.94 JPMORGAN CHASE BANK FROST OIL - SUPPLIES $376.82 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $55.83 JPMORGAN CHASE BANK HOME DEPOT -PARTS $129.10 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $116.82 JPMORGAN CHASE BANK LOWES -PARTS $16.22 JPMORGAN CHASE BANK NAPA - SUPPLIES $80.76 JPMORGAN CHASE BANK TRUCK WASH -MAINT $195.00 JPMORGAN CHASE BANK WASTE MGMT - DISPOSAL $13,647.98 JPMORGAN CHASE BANK WELDON- SUPPLIES $22.96 MID - AMERICA PACKAGING & JANITORIAL YARDWASTE BAGS $5,946.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $140.52 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $49.65 VERIZON WIRELESS WIRELESS CONNECTION $211.60 REFUSE COLLECTIONS -Total $32,515.01 1 Claims List - 09/20/2022 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK AMAZON- OFFICE CHAIRS $629.97 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $3,330.90 UTILITY BILLING -Total FUEL EXPENSES AUG 22 $3,960.87 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $34.92 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $1,972.63 JPMORGAN CHASE BANK AMAZON - EQUIPMENT $109.50 JPMORGAN CHASE BANK AMAZON - SUPPLIES $31.26 JPMORGAN CHASE BANK DELL - EQUIPMENT $487.18 JPMORGAN CHASE BANK FLEET -FUEL $4,177.63 JPMORGAN CHASE BANK GRAINGER - SUPPLIES $55.84 JPMORGAN CHASE BANK MEETING EXP 08/25 $20.78 JPMORGAN CHASE BANK PIKEPASS -FEES $9.00 JPMORGAN CHASE BANK RADWELL -PARTS $163.76 JPMORGAN CHASE BANK YELLOW HOUSE -PARTS $154.12 ONEOK INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $364.60 UNIFIRST HOLDINGS LP UNIFORM SERVICES $124.22 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $1,038.97 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECT $173.52 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $8,997,95 AT &T PHONE SERVICE $9.70 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $11.47 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $833.64 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $109.99 JPMORGAN CHASE BANK AMAZON - SUPPLIES $31.26 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $43.96 JPMORGAN CHASE BANK BLUE BOOK -PARTS $39.90 JPMORGAN CHASE BANK BLUE BOOK - REAGENT $83.65 JPMORGAN CHASE BANK CINTAS- SUPPLIES $51.33 JPMORGAN CHASE BANK GELLCO- UNIFORM $331.99 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $284.73 JPMORGAN CHASE BANK GREEN COUNTRY - TESTING $55.00 JPMORGAN CHASE BANK KOMLINE -PARTS $363.34 JPMORGAN CHASE BANK LOWES -PARTS $34.98 JPMORGAN CHASE BANK LOWES- SUPPLIES $25.32 JPMORGAN CHASE BANK NCL- REAGENT $81.35 JPMORGAN CHASE BANK NCL - SUPPLIES $380.39 JPMORGAN CHASE BANK RADWELL- EQUIPMENT $73.76 JPMORGAN CHASE BANK RADWELL -PARTS $302.45 JPMORGAN CHASE BANK RADWELL- REFUND ($11.79) JPMORGAN CHASE BANK REXEL- SUPPLIES $110.68 P" Claims List - 09/2012022 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK STANDARD -PARTS $71.97 UNIFIRST HOLDINGS LP UNIFORM SERVICES $125.04 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $3,524.13 BLUE ENERGY FUELS LLC CNG FUEL EXP AUG 22 $116.82 CITY OF TULSA DEPT OF FINANCE AUG LAB SERVICES $720.00 CITY OF TULSA UTILITIES WATER $403,365.75 FLEETCOR TECHNOLOGIES FUEL EXPENSES AUG 22 $2,504.56 JPMORGAN CHASE BANK ACCURATE - TESTING $930.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $31.26 JPMORGAN CHASE BANK AMAZON- UNIFORM $174.95 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $37.96 JPMORGAN CHASE BANK CORE &MAIN- SOFTWARE $26,750.00 JPMORGAN CHASE BANK COREBMAIN- SUPPLIES $19,352.98 JPMORGAN CHASE BANK DITCH WITCH -PARTS $272.58 JPMORGAN CHASE BANK FLEET -FUEL $4,177.65 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $55.84 JPMORGAN CHASE BANK RED WING- REFUND ($170.00) JPMORGAN CHASE BANK UTILITY - SUPPLIES $8,761.19 UNIFIRST HOLDINGS LP UNIFORM SERVICES $124.12 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECT $30.60 VERIZON WIRELESS WIRELESS CONNECTION $200.13 WATER -Total $467,436.39 CROSSLAND HEAVY CONTRACTORS WWTP & MAIN LS $976,096.44 WWTP UPGRADE -Total $976,096.44 OPWA -Total $1,495,748.94 OPWA Grand Total $1,495,748.94 3 TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Chris Garrett Assistant City Manager SUBJECT: Owasso Redbud District and Increment District No. 1 Small Business Enhancement Agreement DATE: September 16, 2022 BACKGROUND: In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Small Business Enhancement applications. The Policy Guide includes the process for application and approval of Small Business Enhancements, Beginning July 1, 2019, Small Business Enhancements may be available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. The plan requires a Review Committee to evaluate the application for compatibility with the Project Plan and the Downtown Overlay District Plan. Upon recommendation by the Review Committee, a business enhancement agreement is presented to the OPWA for consideration and approval. RECOMMENDATION: Staff recommends approval and execution of the agreement with Sajar Properties and authorization for payment in the amount of $1,500.00 for the facade improvements located at 118 South Main Street. ATTACHMENTS: Staff Memorandum dated September 8, 2022 Owasso Chamber of Commerce Memorandum dated August 15, 2022 Agreement TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Chris Garrett Assistant City Manager SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement DATE: September 8, 2022 BACKGROUND: In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Small Business Enhancements. Beginning July 1, 2019, Small Business Enhancements may be available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. The plan requires a Review Committee to evaluate the application for compatibility with the Project Plan and the Downtown Overlay District Plan. Upon recommendation by the Review Committee, a business enhancement agreement is presented to the OPWA for consideration and approval. APPLICATION: As part of the Economic Development contract, the Owasso Chamber of Commerce facilitates TIF application submittals. On August 17, 2022, Ms. Feary (Chamber President and CEO) presented an application for SAJAR Properties, for a Small Business Enhancement on an existing property located on 118 South Main Street. The project appears to meet the criteria set forth in the adopted Owasso Redbud District TIF Project Plan and Policy Guide. As established by the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement by the OPWA at the completion of the approved improvements for 50% of the actual amount expended; however, the amount of reimbursement shall not exceed $1,500.00. The applicant anticipates the fapade enhancements to total $158,890.00. During the August 17, 2022 meeting, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. The application and supporting materials were sent to the Center for Economic Development Law (CEDL), the firm that represents the City of Owasso on issues involving the Tax Increment District. CEDL returned the attached contract for consideration. FUTURE ACTION: Staff intends to present the application for consideration at the September 20, 2022 OPWA meeting, and an item has been placed on the September work session agenda for discussion. OWASSO CHAMBER OF COMMERCE To: City of Owasso TIF Application Review Committee From: Chelsea L. Feary, IOM, CEcD, MPA President /CEO - Owasso Chamber of Commerce Subject: Sajar Properties Small Business Enhancements Application Date: Monday, August 15, 2022 BACKGROUND: In April 2022, Anita Saiymeh, owner of Sajar Properties visited with me about the application process for assistance in development financing in Owasso's TIF District No. 1. Ms. Saiymeh is the owner of the multi- tenant commercial development located in the Redbud District in Owasso. Following our conversation, I advised her the project was eligible for Small Business Enhancements based on the description and estimated costs of improvements to the exterior structure of the development. It also meets the design and density standards as adopted by the City of Owasso in the Downtown Overlay District Plan. Ms. Saiymeh submitted her application to me on Wednesday, August 10, 2022, for Small Business Enhancements to the multi- tenant commercial development located at 118 South Main Street. The proposed enhancements to the commercial development include exterior renovations. The total Project Costs are $158;890. The impact of the renovation could increase traffic, sales, and beautification to the Redbud District. The proposed improvements will increase the value of the property making it more attractive to current and future tenants. The proposed source of funds will come from Bank of Oklahoma and personal funds. Ms. Saiymeh has provided a copy of contractor invoice and a conceptual of the renovation. They are ready to begin construction at any time. RECOMMENDATION: The Sajar Properties application for Small Business Enhancements meets the objectives in the Owasso Redbud District Project Plan Increment District No. 1 and is being recommended to the City of Owasso TIF Application Review Committee for review and approval to move forward the Owasso City Council. SMALL BUSINESS ENHANCEMENT AGREEMENT Business Owner: Solar Properties (Complete Legal Name] Address of Business: 1819 E. 461h PI. Tulsa, OK 74105 Approved Amount of Development Assistance: $1,500.00 Approved Improvements/ Use of Funds: As described in the approved Application for Small Business Enhancement (see Exhibit A), subject to the following limitations or restrictions, if any: N/A This Small Business Enhancement Agreement (this "Agreement ") is entered into as of 20 , by and between the Owasso Public Works Authority, a public trust ( "Authority ") having a mailing address of 200 S. Main Street, Owasso, Oklahoma 74055, and Business Owner, with respect to the following: (a) On December 20, 2016, the Owasso City Council ( "City Council ") adopted Ordinance No. 1093 which approved the Owasso Redbud District Project Plan, established the Project Area, and created Increment District No. 1, City of Owasso, an ad valorem and sales tax increment district ( "Increment District No. 11, pursuant to the Oklahoma Local Development Act, 62 O.S. §850, of seq., as thereafter amended from time to time ( "Proiect Plan "); (b) The Project Plan supports the City of Owasso's efforts to achieve its development objectives for area surrounding Main Street, known as the Redbud District, and envisions, among other things, the revitalization of the Redbud District as a destination are for residents and visitors, through promoting smart development in the area and providing for robust branding; (c) The Business Owner desires to enhance the exterior of the structure in which its business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business; (d) Pursuant to the Policy Guide adopted by City Council to assist in implementing the Project Plan ( "Policy Guide "), assistance in development financing in the form of Small Business Enhancements, in an amount not to exceed $1,500.00, may be available to any retail, restaurant, or personal service small business within Increment District No. 1 to assist the business in improving the appearance of the physical exterior or exterior elements of the property where the business is located; (e) Pursuant to the Policy Guide, a Small Business Enhancement may not exceed a fifty percent (50 %) match of the cost of the approved improvements; (f) The Application Review Committee ( "Committee ") has reviewed the Application of the Business Owner for Small Business Enhancements, a copy of which is attached as Exhibit A ( "Application "), as described in the Policy Guide; and (g) The Committee recommends approval of the Business Owner's Application to the Board of Trustees of the Authority ( "Board "), finding that the Business Owner's proposal meets the objectives of the Project Plan; and (h) The Authority has agreed to provide assistance in development financing in the form of a Small Business Enhancement in the amount set forth above ( "Development Assistance ") to and for the benefit of the Business Owner, in order to assist Business Owner with the improvements described in the Application and approved by the Committee ( "Approved Improvements "), subject to the terms and conditions set forth herein. NOW, THEREFORE, the Authority and Business Owner agree as follows 1. Purpose. The Development Assistance shall be used by Business Owner solely for the Approved Improvements described in the Application, as limited or restricted above, and may not be used for any other purpose (s) without the prior written consent of the Authority. 2. Documentation of Use of Funds; Reporting. Business Owner shall maintain records and receipts of all transactions and expenditures paid for the Approved Improvements and shall remit complete and accurate copies of such records and receipts to the Authority. All records and receipts shall be available to the Authority for monitoring and reporting purposes. 3. Payment of Development Assistance. Upon completion of the Approved Improvements, the Authority agrees to reimburse the Business Owner in the lesser amount of: (a) the Development Assistance, or (b) fifty percent (50 %) of the actual amount expended by the Business Owner on the Approved Improvements. Documentation of all expenses related to the Approved Improvements must be provided to the Authority, and a physical inspection of the Approved Improvements by a designated representative of the Authority must occur, prior to any reimbursement by the Authority. 4. Notices. All notices required or permitted herein must be in writing and shall be sufficient if delivered personally, mailed by certified or registered mail, return receipt requested, postage and charges prepaid, to the other party at the address, as applicable, set forth on the first page of this Agreement, or to such other telecopier number or address, as applicable, or in electronic format, as any party hereto may designate to the other from time to time for this purpose. All notices shall be deemed received when delivered personally, when confirmed to you or, if mailed, within three (3) days (excluding Sundays and holidays and any other days on which mail is not delivered) after being mailed. 5. Integrated Agreement. This instrument, along with all attachments and exhibits, contains and constitutes the entire agreement between the parties herein relating to the subject matter hereof and there are no agreements, understandings, restrictions, warranties or representations among the parties relating to the subject matter hereof other than those set forth herein. This instrument is not intended to have any legal effect whatsoever, or to be a legally binding agreement, or any evidence thereof, until it has been signed by both parties hereto. 6. Construction. This Agreement shall be construed, enforced and governed in accordance with the laws of the State of Oklahoma. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter gender thereof or to the plurals of each, as the identity of the person or persons or the context may require. The descriptive headings contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision contained herein. 7. Invalidity. If any provision contained in this Agreement shall for any reason be held to be invalid, illegal, void or unenforceable in any respect, such provision shall be deemed modified so as to constitute a provision conforming as nearly as possible to such invalid, illegal, void or unenforceable provision while still remaining valid and enforceable, and the remaining terms or provisions contained herein shall not be affected thereby. 8. Binding Effect. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and each party's successors and assigns. 9. Counterpart Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but each of which together shall constitute but one and the same instrument. 10. Amendment and Waiver. This Agreement may be amended at any time, but only by an instrument in writing executed by both parties hereto. A party hereto may waive any requirement to be performed by the other party, provided that such waiver shall be in writing and executed by the party waiving the requirement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above set forth. AUTHORITY: OWASSO PUBLIC WORKS AUTHORITY a public trust By: Kelly Lewis, Chair BUSINESS OWNER: SAJAR PROPERTIES By: Anita Saivmeh Title: EXHIBIT A [Attach Business Owner's executed application] OWASSO REDBUD DISTRICT PROJECT PLAN, INCREMENT DISTRICT NO. 1 ASSISTANCE IN DEVELOPMENT FINANCING SMALL BUSINESS ENHANCEMENT APPLICATION The Application must be fully completed before submission to the Community Development Department of the City of Owasso at 2005. Main Street, Owasso, Oklahoma 74055. The omission of requested information may result in delays. Please include any supplemental information, as may be necessary for purposes of analysis. Business Name: Address: Contact Person /Owner Phone Number: Email: What are the proposed improvements to the property? What dollar amount are you requesting What is the proposed total cost of the improvements? (Please provide any quotes for materials, supplies, labor as an attachment to this application.) 0 ,6, pD 0o What is the source(s) of funds that is available to complete the improvements and match the amount you are requesting? April 4, 2017 What impact would the proposed improvements have on your business? (increased customer traffic, increased sales, visibility, ability to add a new pro uct or service, etc.) Why do you believe thC proposed improvements re a worthy endeavor for your bu iness7 Is this property owned by someone other than the applicant? If yes, please attach letter from property owner agreeing to allow requested improvements to occur. Please attach any additional information (pictures, schematics, documentation, quotes, accompanying information, etc.) with the application. Applicant hereby certifies that all Information, including all documents and materials submitted with this Application, are true to his /her best knowledge and belief and are submitted for the purpose of consideration of assistance in development financing, consistent with and pursuant to the Owasso Redbud District Project Plan and the Policy Guide. Applicant: Date April 4, 2017 7122 South Sheridan (toad, Suite 2246 Tulsa. Ok 74133 0.918.794.4800 » C. 918.825.5343 BW new . NCWQ COL bgambie@egaeconstructors cwm Date: August 2, 2022 Owner: Saiymeh Trust dba SAJAR Properties 1819 East 46th Place Tulsa, OK 74105 Attention — Samih & Anita A. Saiymeh, Trustees Design - Builder: SEGUE Constructors, LLC 7122 South Sheridan Road, Suite 2246 Tulsa, OK 74133 Attention — Mason Britt Gamble, Managing Member Project: Exterior Renovation of Multi- Tenant Building 118 South Main Street Owasso, OK 74055 Subject: Invoice - Design -Build Construction Agreement INVOICE NUMBER 220208 Initial Agreement Amount $158,890.00 Agreement Downpayment $ 15,890.00 Total Due This Invoice $ 15,890.00 Please Remit To : SEGUE Constructors, LLC 7122 South Sheridan Road, Suite 2246 Tulsa, OK 74133 EFT— REGENT Bank Tulsa Routing SEGUE Constructors, LLC TIN: 20- 5024289 103101356 3237478 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 09/10/22 FUND TOTAL 91,803.51 148,630.95 Department Payroll Expenses Total Expenses 400 OPWA Administration 17,773.12 26,355.33 405 Utility Billing 7,592.81 13,033.61 420 Water 16,902.30 27,050.27 450 Wastewater 15,129.84 24,542.75 455 Wastewater Collection 14,078.53 23,572.10 480 Refuse 17,662.91 29,147.65 485 Recycle Center 2,664.00 4,929.24 FUND TOTAL 91,803.51 148,630.95 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY FISCAL YEAR 2022 -2023 Budgetary Basis Statement of Revenues 8 Expenses As of August 31, 2022 OPERATING FUND MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET OPERATING REVENUES: Water $ 987,595 $ 1,773,698 $ 7,801,161 22.74% Wastewater 516,277 1,002,883 6,020,212 16.66% Refuse 225,333 454,304 2,589,680 17.54% Recycle 3,899 7,518 72,533 10.36% Other Utility fees 21,282 39,657 215,145 18.43% TOTAL OPERATING REVENUES $ 1,754,385 $ 3,278,059 $ 16,698,731 19.637. OPERATING EXPENSES: OPWA administration $ (83,835) $ (163,480) $ (1,224,764) 13.35% Utility Billing (41,029) (79,890) (519,783) 15.37% Water (541,417) (665,547) (5,200,243) 12.80% Wastewater Treatment (138,319) (214,408) (1,667,730) 12.86% Wastewater Collections (104,729) (159,429) (1,913,594) 8.33% Refuse (105,467) (164,719) (1,360,730) 12.11% Recycle (15,956) (26,387) (265,172) 9.95% Debt payments (241,379) (504,223) (2,953,250) 17.07% TOTAL OPERATING EXPENSES $ (1,272,129) $ (1,978,083) $ (15,105,267) 13.10% OPERATING REVENUES OVER /(UNDER) EXPENDITURES $ 482,255 $ 1,299,976 $ 1,593,464 NONOPERATING REVENUES (EXPENSES): Interest $ 6,058 $ 12,259 $ 33,661 36.42% Other revenues /(expenses) 3,357 7,063 24,850 28.42% TIF revenues /(expenses) 15,557 (1,088) (341,760) 0.32% Transfers in 0.00% Transfers out 0.00% TOTAL NONOPERATING REVENUES (EXPENSES) $ 24,971 $ 18,235 $ (283,249) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt $ 2,458,087 $ 3,886,718 $ 9,500,000 40.91% Unissued Debt Proceeds 0.00% Expenditures of long -term debt (1,538,256) (1,668,192) (9,015,000) 18.507. TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES $ 919,831 $ 2,228,527 $ 485,000 NET INCOME (LOSS) $ 1,427,058 $ 3,536,737 $ 1,795,215 ENCUMBRANCES OUTSTANDING $ (11,327,141) BOND PROCEEDS RECEIVABLE 4,280,787 FUND BALANCE (Budgetary Basis) Beginning Balance 7,955,567 7,955,567 Ending Balance $ 4,445,950 $ 9,750,782