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2024.11.12_Worksession Agenda
This meeting is a worksession for Council/Trustee discussion only. There is no opportunity for public comments at worksession. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, November 12, 2024 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, offirming, amending, approving, authorizing, awarding, denying, postponing, or fabling. AGENDA 1. Call to Order - Mayor/Chair Alvin Fruga D NOV °8 ZOzy 2. Roll Call City C/erk 8 3. Discussion relating to Community Development Department items lK/ Alexa Beemer / Wendy Kramer A. Request for a Final Plat - Casey's General Store, a proposed commercial subdivision, containing approximately 5.60 acres located at the northeast corner of East 1061h Street North and North Garnett Road B. Request for a Specific Use Permit - Express Oil, a proposed automotive repair and maintenance use in a Commercial Shopping (CS) zoning district, containing approximately 0.92 acres located south and east of the East 96th Street North and North Garnett Road intersection, as referenced in application SUP 24-03 C. Request to abandon Planned Unit Development, OPUD 06-04 and create a new Planned Unit Development and Rezoning - Bailey Village, a proposed single-family residential development, containing approximately 66.52 acres located southeast of the East 1061h Street North and North 971h East Avenue intersection, as referenced in application OPUD 24-01; and the rezoning of said property from Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04 to Residential Single Family High Density (RS-3), as referenced in application OZ 24-04 4. Discussion relating to the State of Oklahoma's Film Friendly Community Program and the requirements to achieve community certification, development of a film permit, and associated fee schedule Shellie Wingert / Alexa Beemer 5. Discussion relating to proposed amendments to Part 13, Public Safety, Chapter 2 Fire Department, Article C Ambulance Service, Section 13-236, Funding for Ambulance Service as it relates to multi- family residential dwelling units David Hurst 6. Discussion relating to proposed project sites for the 2025 Annual Street Rehabilitation Program Roger Stevens 7. Discussion relating to a proposed upgrade to the existing Enterprise Resource Planning Software, Central Square Steve Tibbles / Carly Novozinsky 8. Discussion relating to a request for development project assistance through Tax Increment Financing, Owasso Redbud District and Increment District No. 1, containing approximately 35 acres located east of the southeast corner of North Mingo Road and East 761h Street North - Robinson Business Park, LLC (OPWA) Carly Novozinsky Owasso City Council, OPWA & OPGA November 12, 2024 Page 2 9. Discussion relating to a proposed amendment to the current rates charged at the Bailey Ranch Golf Club (OPGA) Corey Burd 10. Discussion relating to the monthly Sales and Use Tax Report and Revenue Outlook Carly Novozinsky 11. City/Authority Manager report 12. City Councilor/Trustee comments and inquiries 13. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 10:00 am on Friday, November 8, 2024. nn M. Stevens, The City of Owosso encourages citizen participation. To request (in accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 916-376-1502 or by email to istevens®citvofowosso.com TO: FROM: SUBJECT: DATE:. The Honorable Mayor and City Council Alexa Beemer, AICP, Planning Manager Final Plat - Casey's General Store #4559 November 7, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for Casey's General Store #4559, a proposed commercial subdivision. The subject property is located at the northeastern corner of the intersection of East 106th Street North and North Garnett Road. SUBJECT PROPERTY/PROJECT DATA: Property Size 5.60 acres +/- Current Zoning Commercial Shopping (CS) Present Use Vacant Proposed Use Commercial Lots/Blocks 2 Lots/1 Block Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Sewer Payback Area ($610.33 per acre) Meadowcrest Sewer Relief Area $867.00 per acre ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 953 in 2011. • This is a two (2) lot, one (1) block combined final plat for a commercial development. o The proposed lots as depicted on this plat meet the bulk and area requirements stipulated in the Owasso Zoning Code for CS -zoned property. • The Owasso Planning Commission will review the preliminary plat for this subject property at their regular meeting on November 11, 2024. • There will be two (2) points of access for this subdivision - one off of North Garnett Road and one off of East 106th Street North. o The plat also depicts two mutual access easements (MAEs) immediately adjacent to the two proposed points of access. Said MAEs will provide cross -access between the two proposed lofts contained within this subject plat. Detention and drainage for Lot 1 will be provided for via a proposed detention easement, to be located in the northwestern corner of said Lot 1. Said easement will be dedicated via separate instrument. Final Plat - Casey's General Store #4559 Page 2 o Detention and drainage for Lot 2 will be provided for on -site of said Lot 2, in a location and manner to be determined when said lot develops. • Perimeter and interior utility easements are shown on the plat, allowing utility companies adequate access to service the subdivision. • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. • Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping Skating Rink Commercial City of Owasso South Commercial Shopping Residential Commercial City of Owasso East Agriculture (AG) Residential Commercial Tulsa County West Commercial Shopping Residential Commercial City of Owasso PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 11, 2024. ATTACHMENTS: Aerial Map Final Plat - Casey's General Store #4559 4 n - t i r f �Jr ke�I P,:'i'x/Ntp 1. ti I/tF,• -'' i i W Y !i �i6. L-,� _fi13S.H .�.. 6�. �L I I � i •�,(�, �,y ram'. ,5y�ryi '+,�_ Aerial Map N 00.01 0.03 0.05 008 °" Final Plat- Casey's General Store # 4559 Subject Tract n N Lane Summery q yFinal Plat CASE Il'S GENERAL STORE #4559 AGUBOMSIONTOTIE CITY6 OF ME TV4 OF SEHT(,OXIAXOI.W BEING pPART OETHEE OF UOIM TREE W MTIE'N. TULSECTION[, STATE O O TUIk RANGE 14 Fp31 OFTXEINpPN O45EHi0 MEflI.i SLOAL COUNTY. 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GUMNM; BFnFNMNAI GA EY TO: FROM: SUBJECT: The Honorable Mayor and City Council Alexa Beemer, AICP, Planning Manager Specific Use Permit (SUP 24-03) — Express Oil DATE: November 7, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit (SUP) to allow for an automotive repair and maintenance use in a Commercial Shopping (CS) zoning district. The subject property is located at 9401 North Garnett Road, south of the southeastern corner of the intersection of East 96th Street Norfh and North Garnett Road. SUBJECT PROPERTY/PROJECT DATA! Property Size 0.92 acres +/- Current Zoning Commercial Shopping (CS) Present Use Vacant Proposed Use Automotive Repair & Maintenance Land Use Master Plan Commercial Within a Planned Unit Development (PUD)? Yes; OPUD 21-02 Within an Overlay District? Yes; US-169 Overlay District Water Provider City of Owasso Applicable Paybacks a Assessed t Plattin N/A (already platted) ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 495 in 1995. • A SUP is required in certain zoning districts for uses or structures that may be considered more intense than what is allowed by right, through the City of Owasso's Zoning Code. • An oil -change and tire facility falls under the "automotive repair and maintenance" use category outlined in Table 6.1 of the Owasso Zoning Code. In the CS zoning district and within the US-169 Overlay District, an "automotive repair and maintenance" facility is allowed with an SUP. o Thus, an SUP is being requested for the proposed use on this property, as it is zoned CS and is within the US-169 Overlay District. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future commercial uses. o All surrounding parcels immediately adjacent to the subject property are also identified for future commercial uses on the Plan. o There is a residential use immediately adjacent to the east side of the subject property, as allowed per the approved OPUD 21-02. The applicant has worked with staff to design the site and new structure in an appropriate manner that conforms to the design requirements of the Zoning Code and minimizes the impacts on the neighborhood to the east of the site. SUP 24-03 Page 2 o The proposed automotive repair shop will be a six (6) bay structure, composed of concrete masonry units (CMU), thus meeting the fapade requirements for commercial structures seen within Chapter 11 of the Owasso Zoning Code. o The subject property is buffered from the single-family neighborhood to the east by a setback of approximately one -hundred and fifty-two (152) feet. Additionally, the conceptual site plan calls -out a six (6) foot privacy fence along the eastern property line; this will further help buffer the subject property from the adjacent residential neighborhood. o The conceptual site plan shows a dense landscaping bed along the eastern property line, with four (4) additional large trees than what is required by Code. All landscaping requirements outlined in Chapter 19 of the Owasso Zoning Code will have to be met. o As indicated on the conceptual site plan, the applicant intends to install wall -pack fighting fixtures on the building only. All lighting will have to comply with Chapter 20 of the Owasso Zoning Code. o The applicant has indicated that they are aware of the Owasso Noise Ordinance, and will comply with such, per a note on the conceptual site plan. The applicant has indicated that the facility will be in operation between the hours of 8:00 AM- 6:00 PM Monday through Friday, and 8:00 AM- 5:00 PM on Saturdays. The dumpsters for the site will be located on the southeastern corner of the property, setback approximately fifty (50) from the eastern property line, and will be fully screened, per Chapter 19 of the Owasso Zoning Code. The main purpose of the SUP requirement is to ensure the development does not impose any negative direct impacts to adjoining properties and that the proposed use works in harmony within the context of the area. o Considering this, the applicant has indicated via their conceptual site plan that they intend to install adequate buffering between their site and the neighboring single- family homes. The design of the site will serve to reduce and minimize any negative impacts on the single-family neighborhood to the east. • Any further development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan r Jurisdiction North Commercial Shopping Wetland Commercial City of Owasso South Commercial Shopping Vacant Commercial City of Owasso Residential East Neighborhood Mixed Residential Commercial City of Owasso RNX West Comme(Caal General Vacant Commercial City of Owasso SUP 24-03 Page 3 PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on November 11, 2024. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map SUP Site Plan Package F•� Ir . �I a �) � .•ttiY�i� � _ P.- �I i / / � _ r �I9 r'!� - gp--t•—_-_ 'n ray' l _� ir��j� •`�� v 1 VIM SUBJECT TRACT AA 040 p ``� hbi5•� ,P - � - • Y pp. may N not precisely align who hic pods physical ®Subject features of to withp y Subject SUP 24-03 � 100 200 t 4 0 2021-14 Aerial Photo Date; 2023 Feet Surrounding Zoning Subject Tract N 0 0.02 0.03 0.06 0.09 0.13 N "es SUP 24-03 a Am';A PDN E 94TH CT ry y r7. 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Elevation - �pnlevel — _ _ Left (North) _—_—___—eA �.Nn r- .+.�..d cause o•• GpLpttlO au w, a _ A203 Ia vir-rr TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Planned Unit Development (OPUD 24-01) & Rezoning (OZ 24-04) - Bailey Village November 7, 2024 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application for Bailey Village, a proposed single-family residential development located a half -mile southeast of the East 106th Street North and North 97+h East Avenue intersection. The subject property is approximately 66.52 acres in size and is currently zoned Residential Single Family Low Density (IRS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04. This PUD application is requesting the abandonment of OPUD 06-04 on the subject property and the creation of a new OPUD 24-01 overlay on the property. A separate rezoning request (OZ 24-04) has been concurrently filed with this PUD request, requesting the subject property be assigned the Residential Single Family High Density (RS-3) zoning designation. SUBJECT PROPERTY/PROJECT DATA: Property Size 66.52 acres +/- Residential Single Family Low Density (RS-1), Office Current Zoning (0), Agriculture (AG), Residential Multi -Family (RM), Commercial Shopping CS Proposed Zoning Residential Single -Family High Density RS-3 Present Use Vacant Land Use Master Plan Residential, Transitional & Commercial Within a Planned Unit Development (PUD)? Yes; OPUD 06-04 (this OPUD 24-01 request would abandon the current PUD Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks/Fees Storm Siren Fee ($50.00 per acre) (Assessed at Permitting) Ranch Creek Interceptor Sewer Payback Area $610.33 per acre CONCEPT OF A PUD: • A PUD is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. o Developers may also have more flexibility in certain aspects of development, such as lot width requirements and building height limitations, which can be more restrictive in standard zoning districts. • A PUD should not be considered as a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. OPUD 24-01 /OZ 24-04 Page 2 PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. GROWASSO 2035 LAND USE MASTER PLAN CONSISTENCY: • The GrOwasso 2035 Land Use Master Plan is a document that acts as a moderately flexible tool for evaluating development proposals. The GrOwasso 2035 Land Use Master Plan identifies the property for future Residential, Transitional, and Commercial land uses. As such, the proposed development is in keeping with the uses called out for this location as single-family uses are considered less intense than Transitional and Commercial uses. ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 587 in 1998, and is currently zoned Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04. • In order to accommodate the proposed use, density, and to establish a uniform zoning for the subject property to meet the intent as outlined in this PUD, the applicant is requesting the property be assigned a zoning designation of RS-3 through concurrent rezoning request OZ 24- 04. The applicant is also requesting the abandonment of the original OPUD 06-04 on this subject property. • Following the intent of PUDs as described in Chapter 9 of the Owasso Zoning Code to allow for flexibility in designing development, the applicant has brought forth OPUD 24-01 for consideration to allow this project to be designed as a slightly denser development, in terms of minimum lot width, in order to work with the natural drainage and topography of the site. o The PUD proposes a reduction in the minimum lot width from 65 feet (per RS-3 zoning requirements) to 60 feet. • The conceptual development plan and the PUD document submitted for OPUD 24-01 states the applicant intends to construct single-family detached dwellings, for a total of one hundred and eighty-five (185) dwelling units. The total gross density of the proposed development would be 3.6 dwelling units per acre (DU/AC), which is under the maximum dwelling units per acre amount allowed by right in the RS-3 zoning district (which is 6.2 DU/AC). • The OPUD 24-01 document lists several amenity features for the development that will be finalized at the platting stage. These proposed amenities may include the following: a stocked fishing pond surrounded by open space parks containing walking/hiking trails, community playing fields or a disc golf course, and a community swimming pool or spray ground alongside a pavilion or clubhouse. • The conceptual development plan also shows desired locations of tree plantings, both internal to the site and to the south and along the southern exterior of the property. All plantings and screening requirements must adhere to Chapter 19 of the Owasso Zoning Code. • Two points of access are depicted on the conceptual development plan, both of which are located off the proposed North 105th East Avenue. a The exact location of each access point will be determined at the final platting stage. • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. OPUD 24-01 /OZ 24-04 Page 3 • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS), Vacant Commercial/ City of Owasso Residential Multi-FamilyRM Transitional South Residential Single -Family Residential Residential City of Owasso High Density (RS-3) East Office (0) Vacant Transitional City of Owasso West Residential Single -Family Residential Residential City of Owasso High Density (RS-3) PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on November 11, 2024. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map PUD Document i "tom '7 L�`�yl, •?. t* ! �Yr +'s! sS ry+'•r�{wr •,°-rL,•� I `iC•t :t� `�+�.i'iTYX -, x.c ,�• . y �: GC/Ffi i�/-�"\5 G i1��G9-. •�� ���."°w!"Jt • �" I J .fir ., rL � �zs� ' '• 4 x'e+r �I�•�/1�'']] f � �� t',r � �.$ ."i: r fit. �, j•` SUBJECT TRACT �a Ix f,L7 T i f, f. C. /A •��� of 3! -s����G7'�•• jr� i, , Tt '�tii c•+ ¢�� .1.� ,�#S «+a - •4f,.r�'}, J� .,'y. R - �•'� r�T �,t�c�jf+ :t�'ir. / f if (AIL: t�_J1 J'�i- f ire 1*`I�r � � . M ►' "-1Q�i\✓��• `r( �- r I • s o ` ° Lz,. ,?/'4 •a-�~ L' ;Cl�'1� i � rf ,l �iP� < • �� ° !' � / � s 7 � �'! W ��.�,� vvv�•-�J�'i, a fl I �, e y jet Note: Graphic overlays may N not precisely align with physical Subject 0 125 250 500 features on the ground. Tract OPUD 24-01 1 t 1 1 I 18 21-14 Aerial Photo Date: 2023 MI Feet 0 0.03 0.05 0.11 0.16 022 Surrounding Zoning Subject Tract n Mlles OPUD 24-01/OZ 24-04 I 1 � ' I ' Land Use Categories ' I _ Ow - ® Parks/Recreation r Public/Institutional Residential dim - Transitional Neighborhood Mixed Redbud District a ; ® Neighborhood Commercial © i � `'� Commercial Industrial/Regional Employment ®UsdAnn verlay 0 0.03 0A5 0.11 0,16 0.22 GrOwasso 2035 Land Use Master Plan I — 1 Subject Tract " M,es OPUD 24-01/OZ 24-04 A 08a Aey va&cge/ OPUD #24-01 Prepared September 26, 2024 Location Part of the Northwest Quarter (NW/4) of Section Eighteen (18), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma. This PUD contains 66.52+/-Acres. Owner Bailey Village Development LLC 1420 W. Kenosha Ave. Broken Arrow, OK 74012 Prepared By: Enc PO Box 2136 Sand Springs, OK 74063 Once: (918) 514-4283 Fax: (918) 5144288 ing Development Concept Bailey Village is a 66-acre residential community located south of 1061h Street North between Mingo Road and Garnett Road. The tract sites adjacent to Ranch Creek Tributary B west of Bailey Medical Center. The property is currently zoned a combination of RS-1, CS, AG, O and RM under OPUD-06-04. This PUD is being filed in conjunction with a rezoning request for the base zoning of RS-3 as well as a request to abandon PUD-06-04 on this parcel. The GrOwasso 2035 Land Use Master Plan designates this area as Residential, Transitional, and Commercial which supports the proposed RS-3 zoning. The proposed project largely conforms to RS-3 development standards but allows a 60' lot width. This Planned Unit Development sets out the development guidelines for the project and summarizes the amenities proposed. The project is bounded on the South by Honey Creek II at Bailey Ranch which is a residential subdivision comprised of 65'-70' width lots that is zoned RS3/PUD-01-02. It is bound on the west and north by FEMA Floodplain and the east by undeveloped land zoned O/PUD-06-04. The project proposes to extend the collector street that terminates at the northern boundary of Honey Creek II through to 1061h Street North which will serve as a buffer between the office uses to the east and this project. The proposed development conforms to the development patterns within this area as well as the GrOwasso 2035 Land Use Plan. The development will largely conform to the development standards of RS-3 zoning with the sole exception of allowed lot width. This PUD proposes the reduction in minimum width from 65' to 60' to allow a slightly denser development that conforms to the natural drainage and topography of the site and still financially supports the significant amenity package proposed. The PUD does not propose a reduction in minimum lot area or setbacks nor an increase in the allowed dwelling units per acre. This PUD also limits the total allowable lots to ensure the quality, character, and density proposed by the PUD will be maintained through development. Bailey Village Page I 1 Planned Unit Development 24-01 Owasso, OK Development Standards Lots shall conform to the development standards of the RS-3 zoning as established in the City of Owasso Zoning code chapter 4 as it exists on the date of approval of this PUD, except as hereinafter modified: Permitted uses: Gross Land Area Maximum number of dwelling units Dwelling Units per Acre Minimum Lot Width Minimum lot size Minimum front yard Minimum side yard Minimum rear yard Open Space Reserve Areas 'A' Single Family Detached Dwellings 66.53 acres 185 (412 by Code Gross Lot Area) 3.6 du/ac(6.2 DU/AC by Code) 60 feet (65 feet by Code) 7,000 square feet (7,000 square feet by Code) 25 feet (25 feet by Code) 5/5 feet (5/5 feet by Code) 20 feet (20 feet by Code) 17.31 acres 26% (20% by Code) Reserve Areas 'A" shall be established by the owner for the construction of a stormwater detention facility and open space park with walking trails. Such park shall be for the sole use and enjoyment of the lot owners with the development and their invitees. All structures or improvements related to the detention function of the facility shall be constructed according to City of Owasso standards. Reserve Area 'A' shall be conveyed to the Homeowners Association which shall be responsible for the maintenance of all improvements contained within that reserve. Reserve will specifically authorize park trails to allow a public trail as recommended in the Regional Bicycle/Pedestrian Master Plan. Reserve Areas 'B' Reserve Area 'B' shall be established by the owner for the construction of open space park, swimming pool or splash pad, and Public Gathering amenities. Such area shall be for the sole use and enjoyment of the lot owners with the development and their invitees. Reserve Area 'B' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve. Access and Circulation The development proposes the extension of 102nd East Avenue to 1061h Street North as a residential collector. The extension will include a small roundabout to create for traffic calming and to serve as a future intersection point with the easterly extension of 103rd Street North. All streets within the development will be public streets conforming to the design standards of the City of Owasso. The street configuration will largely conform to the layout as shown on the attached conceptual site plan and preliminary plat. The primary entry to the subdivision will be derived from 1061h Street North with Limits of Bailey Village � Page 2 Planned Unit Development 24-01 Owasso, OK No Access (LNA) being imposed along the portions of N 1051h E Ave north of the proposed roundabout. A minimum of two access points will be provided to the proposed collector. Sidewalks shall be constructed by the developer along all those portions of the collector street that do not include a lot frontage and all Reserve areas adjacent to streets. All other sidewalks shall be constructed by the individual lot owners at the time of home construction. Sidewalks shall be a minimum of five (5) feet in width, shall be ADA compliant, and shall be approved by the City of Owasso Public Works Department. Amenities The development will contain amenities as outlined in section 9.2.12 of the City of Owasso Zoning Code. The development will include a stocked fishing pond surrounded by open space parks containing walking/hiking trails. The Reserve Areas previously discussed will also include community playing fields or a disc golf course. The developer also proposes the construction of community swimming pool or spray ground along with a Pavilion or Clubhouse. There will be a minimum of 5 parking spaces for "day use areas" per Chapter 12 of the Owasso Zoning Code. The details of the final amenity package will be submitted along with the final plat. All amenities and Reserves will be maintained by the developer until such time as the subdivision is turned over to the Home Owner's Association. Architectural Requirements and Screening/Fencing Standards All building facades shall be comprised of 70% masonry to first floor top plate. This requirement can be met through any combination of natural stone, brick, block, stone veneer, or Hardie board. This requirement does not need to be met on any particular fagade and maybe omitted entirely from any fagade provided the aggregate requirement is met. Interior fencing and/or walls shall not extend beyond that point nearest the street at each end corner of the residence. Fencing along N 105'h East Avenue shall be 6' feet in height and consist of wood, masonry or wrought iron material or a combination thereof. All fencing and screening walls shall comply with Chapter 19 of the Owasso Zoning Code. All entry signage will be monument -style and no taller than 6 feet. All entry features will be contained within a Fence Easement or Reserve designated on the final plat. Requirement to Plat No building permit shall be issued until a plat containing restrictive covenants memorializing the above development standards is prepared and filed in accordance with the City of Owasso Subdivision Regulations. Schedule of Development Development construction is expected to begin in winter of 2024 Bailey Village � Page 3 Planned Unit Development 24-01 Owasso, OK Exhibit B Surrounding Areas for Bailer Village LOCATION IMP AAB Engineering, LLC AAIIf I / 11 3 Engineedngg.Survseying.Lan( Planning am qpfiuw�fMq e��wee Exhibit D Conceptual Development Plan for ' i iamsms� xonm Baile-y Villa8e LOCATION IMP oa y i ,'^ J J p o o ^❑ ❑ , �CS �� O.�❑ O7 JT �1 �... LEGEND +O � ❑ n T ❑ J S O 01, Ej ' _. �. i+'�:T (a�4p ]T yO � J��J T T❑J, J❑'J?O❑ '.TpyO�7h❑ j.�'�i �� rsmefsm+[� .l�'fS OT❑T J❑.T `' J :i,❑ ❑J ❑ G❑''il 2T h .. T.T❑ rannvcme• i, 9 T � •: fO � '' (°M a ] J J OJ J ❑ ❑ ❑❑❑� J O ° J !T J' ' T❑J J❑ 1 T T 'j €r ❑ ❑ ❑❑ ❑❑ ��', b, Y AAB Engineenng. LLC T 4 7 Engineennrog`er ..•Burv��ying• and Planning T �w oK Exhibit E Existing Topo & Aerial R-14-E for Lwn°"'9x res/ nlsmEE*xaRm Baileij Village, _ E1.6 EE .Np �. ♦� _ -J \x L• FA6!OCAT EMAP N01RX 1 ' ��� LEGEND ' q - " p I 11a 1 J 11 �� 1 / 1 AAB Engineering, LLC "u Engineenng-Surrveyinngg-Land Planning Cy LL OMlf' �9�µ�Nlu 91°ILu+n Exhibit F Soil Types R-tiE �(y for Baileli Villages I L FASTTRONN MT LOCA(=TI7rMRF SOiLRATINCS rrs-T mw I•vp nm ® vwuowcwnv nn ® waeTmw�u��e� - MT—Y3) anxTiuw�u� AAB Engineering, LLC Engineering -Surveying- Land Planning �w OLV OiIfiwm�Pap�liwMf Exhibit F Conceptual Improvement Plan for Bailer Village F-144 FA6i1MfX 51gEElNpilX ICG110X rwsLOCATIION W �ocnnon rnnc �eiwREO eHu —8�— mw� %— MwaemwnwW 9hEx AAB Engineering, LLC 'I �jr �1 3 Engmeenng, urveyinngg• ant Planning O6n. pelnum �fllsl]4v1 yyyl/. 9 yyy y4nY'S l JOIN THE IN OKLAHOMA, FILM FRIENDLY COMMUNITY GUIDE 'aw OKLAHOMA 03 INTRODUCTION 04 THE BENEFITS + IMPACT OF THE OKLAHOMA FILM + TV INDUSTRY 06 ECONOMIC IMPACT OF FILM/TV 07 REEL FACTS ABOUT OKLAHOMA FILM/TV INDUSTRY 08 N CAN ONLY IMAGINE" CASE STUDY 12 ABOUT THE OKLAHOMA FILM FRIENDLY COMMUNITY PROGRAM 13 CERTIFYING YOUR FILM FRIENDLY COMMUNITY 16 COMMUNICATIONS 17 HEALTH + SAFETY 18 FILM 101: THE PRODUCTION PROCESS FROM SCRIPT TO SCREEN 22 PHOTOGRAPHING LOCATIONS 26 POPULAR LOCATION TYPES FOR FILM/TV PROJECTS 27 FILMING IN REMOTE LOCATIONS 29 WORKING WITH MEDIA AND LOCAL COMMUNITY MEMBERS 31 TRACKING THE IMPACT ON YOUR COMMUNITY 32 FILM DEFINITIONS 37 CONTACT INFORMATION FOR THE OKLAHOMA FILM + MUSIC OFFICE WELCOME LETTER Dear Oklahoma Community Partners, On behalf of the Oklahoma Film + Music Off ice (OF+MO), I would like to welcome you to participate in our Oklahoma Film Friendly Community Program and invite you to become a certified community. Whetheryou have previously hosted film or television productions oryou'rejust now interested in getting started, there's a place foryour community to join the action in Oklahoma's film and television industry! Since our office was founded in 1979, we rely on the expertise of our locals throughout the state to assist our office in showcasing our diverse locations and distinct cultural offerings while consistently delivering the heartland hospitality our state is known for. After all, Oklahomans believe we are stronger together, so get ready - it's your time to shine! Through the Oklahoma Film Friendly Community Program, our office will provide the necessarytoolkityou'II need to be equipped to best serve both your community as well as the corresponding needs of film and television productions within your areas. The materials provided in this program will allowyou to learn more about the benefits and impact of film and television productions in Oklahoma with expanded insight on how to best showcase your unique community with guidance on film etiquette, location agreements, permitting, photography and tracking the economic impact of film and television in your own communities! By becoming certified, you are telling the entertainment industry that you value their creative and logistical needs, understand the positive impact their business can bring to your community, and are standing by to assist them. There is no better time than now to promote the assets in your community, as our industry is experiencing more film and television business than ever before in our state's history as we become a top entertainment center for business in the U.S. Many of you know Yousef Kazemi, our Outreach and Production Manager, who will be your point -of -contact as we launch this unique and timely program. My entire team and I look forward to the opportunityto work with you, as our valued partner. Best regards, Tava Maloy Sofsky Director, Oklahoma Film + Music Office A Division of the Department of Commerce Tava.Sofsky@OKCommerce.gov RIGHT now is an incredible time to be part of Oklahoma's growing film industry. The Oklahoma Film + Music Office (OF+MO) is working to ensure Oklahomans across the state can participate in and engage with the opportunities that film production brings when filming on -location. If you've decided your community is ready to join the action, the next step becomes the task of getting filmmakers to your area. With the Oklahoma Film Friendly Community Program, we invite you to be part of a statewide network of locations that films love to use for several reasons. Below, we've included some talking points that you can use to highlight what makes filming in Oklahoma and your community so beneficial for film productions. What do film and real estate have in common? Location, location, location! Oklahoma is one of the most diverse states in terms of landscapes, with almost 70,000 square miles of land that varies from mountains to sand dunes, hardwood forests and prairies, spread among its 12 eco-regions. Highlight the unique locations that make your community special, whether it'syour local landscape, a historic building, or a thriving Main Street. Film productions look for diversity in locations so that they're able to film multiple sets in one area. If your community can double as the quintessential 1950's small town, America or a landscape in Europe, use that to your advantage and let filmmakers know what you can do to help their vision come to life in your community. I my Mr ``,TRUCTURE It takes a village to make a movie. Film productions use many different businesses during the production process, and letting productions know what's available in your community can help increase their presence in your area. If there's a green screen, recording studio, antique store, carpentry business or film school in your community, have that information ready to go. Knowing what businesses are film -friendly ready in your area can help attract productions as well as direct their dollars into small businesses in your community. Not sure where to start? See what businesses may have already registered in the Support Services section of our Production Directory (okfilmmusic.org/productiondirectory) and encourage other businesses to register as well. :J4�s a Oklahoma's incredible workforce features experienced, professional cast and crew members. Thousands of jobs are created each year as part of the film industry, not including the work that support services provide as a part of the Oklahoma film infrastructure. Much like our Support Service directory, we have a statewide Crew directory that can direct filmmakers to available crew in specific areas. Visit the Crew section of our Production Directory(okfilmmusic.org/productiondirectory) to browse who may already be registered in your community. Encourage skilled workers in your community to register, as it takes make-up artists, composers, chefs, tailors and more to make a movie! A complete list of related film jobs and descriptions can be found beginning in the Film Definitions section on page 32 of this handbook. The Filmed in Oklahoma Act Rebate Program provides one of the highest rebate percentages in the nation offering a maximum of38%. With a base incentive of20% and several opportunities for additional rebate percentage uplifts, and a low minimum spend of only $50K (at least $25K of which must be local spend), even small independent films will find the Oklahoma incentive easily accessible. There are no caps for how much a single project may obtain in rebates, but the program has an annual cap of $30 million. Of the $30 million annual cap, $22.5 million is allocated for projects with Oklahoma expenditures of at least $7.5 million, and the remaining $7.5 million is allocated for projects with Oklahoma expenditures of less than $7.5 million. Visit okfilmmusic.org/incentives for more information on the Filmed in Oklahoma Act Rebate Program. ECONOMIC IMPACT OF FILM & TELEVISION INan industry that relies on the dependability of state government and local support to establish its business, Oklahoma has proven its steadfast commitment to film and television, offering one of the strongest competitive film programs in the nation. Over the last two years as the state's previous film incentive program has expanded, nearly 70 film and television qualified projects were produced in Oklahoma, and with newly signed legislation effective July 1, 2021, the state's current incentive, the Filmed in Oklahoma Act Rebate Program, is now the foundation of the current and future development of the state's film, television and music industries. The rebate program itself operates on the Fiscal Year (FY) calendar, which saw FY21 (July 1, 2020 —June 30,2021), accounting for 34film and television productions shot in Oklahoma utilizing the state's rebate program. This number has increased everyyear since FY14, with FY22 projecting even more growth. The economic impact of the 34films that shot in FY21 amounts to $170 million spent in Oklahoma, with $107 million of that money being paid to Oklahoma film industry workers. OK NUMBER OF PRODUCTIONS OK HIRES FY14 34 ;., FY15 FY16 _07 22 $13.3M FY17 'sns i3 s7.3M, FY18 �132 s4.7M' FY19 � s ■ . , ' 0 FY20 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 s,ozim FY21 — From FY11-FY21, the state's film incentive generated over $300 million in direct local spend from film and television productions that utilized the program. This industry is thriving, with more and larger films choosing to film in Oklahoma everyyear. The impact has the potential to grow small businesses across the state, as the film industry has incredible reach into other sectors of business. Hair stylists, accountants, truck drivers, hotels, carpenters, tailors, restaurants, and many more businesses have the potential to benefit from film productions using their communities as set locations. Current information on the economic impact of film and television production in Oklahoma as well as a history of Oklahoma's film incentives can be found on our website at okfilmmusic.org/economicimpact. REEL FACTS ABOUT OKLAHOMA'S FILM +TV INDUSTRY Despite a year that saw challenges for many industries amid the COVID-19 pandemic, Oklahoma's film and television industry continued a positive trajectory in 2020 with 34 film and television projects produced in our state utilizing the state's film incentive program administered by OF+MO. This was due in part to Oklahoma Governor Kevin Stitt declaring the motion picture and sound recording industries an essential business, helping avert future shutdowns in this sector. In Fiscal Year21 (Julyl, 2020 —June 30,2021), over 42 different statewide communities served as location sites and were impacted by film and TV productions in Oklahoma. In 2021, Oklahoma hosted its first full -season scripted television series, FX's "Reservation Dogs", as well as its largest motion picture to date, Apple's "Killers of the Flower Moon" from acclaimed director Martin Scorsese. In 2021, MovieMaker Magazine ranked Oklahoma City #15 out of 25 big cities &Tulsa #7 out of 10 small cities/towns as the Top Places to Live and Work as a Filmmaker on its annual list. While OF+MO remains the only government agency statewide to offer a film incentive program, the state has seen the creation of additional film offices who support production in their respective cities and regions - the Tulsa Office of Film, Music, Arts and Culture (TFMAC), the Cherokee Nation Film Office, the El Reno TV & Film Commission and the Shawnee Film & Music Office. Oklahoma offers over 30 film festivals, including the top -rated deadCenter Film Festival, which annually attracts over 25,000 attendees. Oklahoma has over 40 recording studios, including state-of-the-art facilities around the state where several film productions have utilized the additional music incentive offered by the state's film rebate program to record their project's soundtrack or score with Oklahoma musicians and talent. Oklahoma has the longest stretch of drivable Route 66 miles in the United States. With 12 distinct eco-regions, Oklahoma has the most diverse terrain per miles in the United States. Oklahoma has 55,646 miles of shoreline - more than the Atlantic & Gulf Coasts combined. Oklahoma City and Tulsa have been named Top 20 Cities for lowest cost of living. Oklahoma has over 145 universities, community colleges and trade schools with new academic programs and curriculum solely focused on film production and training. Visit page 8 of the Oklahoma Look Book (okfilmmusic.org/oklahomalookbook) for more cultural, natural and business statistics. , L[ ICan Only Imagine" tells the story behind the multi -platinum song of the same name, which found an audience with both pop and Christian fans everywhere. The song was inspired by the true story of MercyMe lead singer Bart Millard whose life is explored on film. Directed by brothers Jon and Andrew Erwin and filmed entirely in Oklahoma, "I Can Only Imagine" features an all-star cast, including Dennis Quaid ("The Day After Tomorrow"), Academy Award -winner Cloris Leachman ("Young Frankenstein"), country singer/actor Trace Adkins, and in his screen -debut, Broadway's J. Michael Finley ("Les Miserables"). After qualifying for Oklahoma's film incentives, principal photography began on November 30, 2016, and concluded on February 3, 2017. The film created more than 340 local jobs throughout the production's nearly 270-day duration in Oklahoma, which included pre -production, production and post -production. "I Can Only Imagine" was filmed throughout the communities of Oklahoma City, Jones, El Reno, Yukon, Del City, Bethany and Quartz Mountain with a direct in -state spend totaling over $4 million. THE SONG THAT STARTED IT ALL In April 2010, "1 Can Only Imagine" was certified platinum by the Recording Industry Associaton of America (RIAA), signifying sales of over 1,000,000 digital downloads. It is the first single by any artist in the Christian music genre to go platinum. The song was certified 2x platinum in 2014. "I Can Only Imagine" earned two Gospel Music Association (GMA) Dove Awards in 2002; 'Pop/Contemporary Recorded Song of the Year' and 'Song of the Year'. Millard also won "Songwriter of the Year" at the same ceremony. In November 2009, the song was played on board Space Shuttle Atlantis as a wake-up call for Barry E. Willmore during STS-129. Named Oklahoma's state inspirational song in April 2018. LOCATIONS FOP "I CAN ONLY IMAGINE" "The majority of'[ Can Only Imagine' was shot throughout Oklahoma, including the Centennial Rodeo Opry, OKC Farmers Public Market and a farm in Yukon. Oklahoma was such a fit for the production that when Finely recorded the songs for'I Can Only Imagine' inside Del City's Castle Row Studios, the new studio ended up becoming a filming location too." [NewsOK] "I don't think at the time they realized how much Oklahoma was a presence in everything we did, so I was excited that if it couldn't be Greenville, Texas, then Oklahoma was the next best thing because MercyMe started there, and most of our formative years came out of that season being in Oklahoma City, just trying to survive" - Bart Millard, co -director "I've never felt as embraced by a state as a filmmaker and a city as Oklahoma City. There's something really magical about this state. The people are great, the crews are great, and the incentive is well -structured for a film like ours." -Jon Erwin, co-writer/co-director N 9s.. 00 ECONOMIC IMPACT OF "I CAN ONLY IMAGINE" Despite the film"s ties to Oklahoma, "I Can Only Imagine" would not have been made in the state without the film incentives offered. The film, which was shot entirely in Oklahoma, spent $4,300,475 in Oklahoma and received a 37% rebate in the amount of $1,591,176. 1 $4.3 MILLION DIRECT OKLAHOMA SPEND $2,538,004 QUALIFYING WAGES PAID 82% LOCAL CAST & CREW W M O 18% NON -LOCAL CAST & CREW 0 0 ll lu 83 DAYS OF FILMING $146,771 SPENT ON FOOD + CATERING $200,775 SPENT ON TRANSPORTATION 13,000 PEOPLE RESPONDED TO CALL FOR LOCAL EXTRAS IN -STATE SPEND 64% OUT-OF-STATE SPEND 36% $222,786 SPENT ON LODGING + ACCOMMODATIONS $384,041 SPENT ON EQUIPMENT RENTAL $22,200 SPENT ON OKLAHOMA MUSIC 349 OKLAHOMA CAST + CREW HIRED 2334 ROOM NIGHTS BOOKED 10 Distributed by Lionsgate and Roadside Attractions, the Oklahoma made film shattered box office expectations bringing in $17.1 million during its opening weekend in theatres across North America. The film took in an estimated $17,064,640 for a per screen average of$70,475 from 7,629 locations in North America. The film received an A+ CinemaScore with an audience that was 67%female and 80% over 35. [Roadside Attractions release] 1 Can Only Imagine" received 730 million trailer views prior to its release, an indication that the film would over perform. [Variety] The film also ranked as the #1 independent film in America upon its release and marked Roadside Attraction's highest theatrical debut ever. Not only did the film earn a rare A+ CinemaScore from audiences who saw it and were asked to rate the movie on its first weekend, but also 79% said they were planning on seeing it again. [Tulsa World] The film continued to attain a wide release, showing in Z894 theatres and grossing over $83,482,352. It is currently ranked the Sth highest grossing Music Biopic and 3rd highest grossing Christian film to date. 2,894 THEATRES $83.4+ MILLION 130 MILLION TRAILER VIEWS BOX OFFICES SALES lil ABO OKLA FILM F Adivision of the Oklahoma Department of Commerce, the Oklahoma Film + Music Office (OF+MO) first implemented its Film Friendly Program in 2010 hosting statewide workshops across all Tourism Countries to educate and assist communities with readying themselves for incoming film and television productions. These workshops have proven to be successful in providing information on best practices when working with film and television productions as well as identifying Oklahoma communities who are eager to recruit such business to their areas. While we're proud to continue offering our educational workshops throughout the state, our new Oklahoma Film Friendly Community Program will help communities develop the necessary permits and protocol to address film and television production in their areas. It is our goal to establish certified film -friendly communities in all 77 Oklahoma counties that can assist film and television production companies on a local level, so that everyone who chooses may be represented in this booming industry. As such, these certified communities will work with OF+MO and their city leadership to establish a designated film liaison in their areas, as well as infrastructure and permits, which will better serve their areas and the film industryfor years to come. Those interested in receiving official designation from OF+MO as a certified Oklahoma Film Friendly Community may apply by contacting the office after reviewing the requirements detailed in this handbook. Interested parties can also request a Film Friendly Community workshop by contacting Yousef Kazemi, Outreach + Production Manager, at Yousef.Kazemi@OKCommerce.gov. All communities, regardless of their choice to seek official certification, are invited to submit information on their areas for the expanded statewide community profiles on our website. We would love to know what makes your area unique and what you can offer filmmakers by completing our survey found at okfilmmusic.org/film-community-survey. Please follow us on social media (@okfilmmusic) or subscribe to our e-blasts and monthly newsletter for more information on upcoming OF+MO events and when we may be in your community at okfilmmusic.org/subscribe. STEP ONE: DESIGNATING YOUR The first step to becoming an OF+MO certified Film Friendly Community is establishing a designated liaison (point of contact) for your city or town. The best liaisons are often those who are enthusiastic, responsive and have a comprehensive knowledge of your area, including key relationships with city and community leaders. Having prior film and television experience is a plus, but is not required and should not supersede the aforementioned skillsets. OF+MO requires that your Film Friendly Community Liaison already be working for the city, town or county in an official capacity such as with a Chamber of Commerce, CVB, tourism office, economic development office or city manager/leadership office. Liaisons with such affiliations are more likely suited to: Establish connections with other city/county employees (police, fire, permitting, etc.). Resolve local production issues, should they arise. Help productions maximize their resources by establishing relationships with local entities (i.e. group hotel rates, catering, etc.). Enable a smooth transition when current liaisons vacate their positions. While our office only establishes one liaison per Film Friendly Community, we strongly encourage partnerships within your area as your designated liaison may benefit from additional support, including local photographers, historians or other community members who can enhance your liaison's knowledge of what your area can offer. STEIN' "a vu� a; : itiay.6AP4'4;AAzirNt� ` "k 'IONS From the rolling plains and lush forests to rushing waters and sandy dunes, filmmakers are drawn to Oklahoma's picturesque beauty spread among its 12 eco-regions. As such, the Oklahoma Film + Music Office annually receives a high volume of locations requests from a variety of film and television productions. In some cases, these films have scripts set in Oklahoma, but more often than not, filmmakers are trying to double the state for other parts of the country or world. With this in mind, the demand is high to find a number of different location types, both scenic and practical, among our statewide communities. Each OF+MO certified Film Friendly Community should have at least 12 locations submitted in the Oklahoma Locations Directory, housed on our official website at okfilmmusic.org/locationsdirectory. Each submitted location file should have at minimum five different photos. The Oklahoma Locations Database features online photo galleries of thousands of different statewide locations, which visually showcase the state's history, architecture, diversity and more. It is the most frequent first stop for filmmakers considering production in Oklahoma, and it is the fastest, most efficient way for our office to visually market what we can offer to film and television productions. Film Friendly Community Liaisons may use the direct photo upload feature to create individual location profiles for their sites and add them to our online database, the Oklahoma Locations Directory. Having a location listed in the directory is not a guarantee of availability for filming as we recognize those requests must be evaluated on an individual basis, however, all listed locations should be amiable to the idea of filming and all liaisons should have permission from the owners of locations to be featured in the database before submitting them for inclusion in the Oklahoma Locations Directory. Owners of privately owned locations (such as homes) should also note that their contact information will not be published publicly as we will require any productions with interest in their locations to first submit initial information to our office or the designated liaison who will first vet the request before contacting the location owner. More information on this topic can be found in the Photographing Locations section on page 22 of this handbook. Oklahoma attracts a variety off i I m and television production types with varying degrees of community impact. Larger productions such as studio or independent film/television production may require more assistance from your city and community leadership than say a reality series or short film project. In any event, one thing all of these projects should have in common is written permission to film in your area. This is why the third requirement for all OF+MO certified Film Friendly Communities is an established permit approved byyour city leadership for film and television requests. Having a film permit will help bring crucial infrastructure and process to your city, which will better serve your community as Oklahoma's film and television industry continues to grow. For example, larger film productions may wish to close a street a certain time, change signage on buildings or bring a large number of production vehicles or extras to a city business or residential area. This may require additional permissions from the police or fire chief, city manager or parks department. Smaller productions such as docu-series may simply want to get b-roll (scenic imagery) of your downtown or parks without interrupting day-to-day activities. Each filming request will likely be different than the next, however, having a baseline will create a system that will ensure an efficiently run process for all parties involved as we seek to create a smooth process for all. A locations permit will not only provide a method to record all logistical intake information, but also additional details related to production insurance, location fees (if applicable) and more. In some cases, a production may also have a locations agreement in which they want a representative from the city to sign-off/authenticate. This is industry standard and should be reviewed by the city's legal department before signing. An example of a location permit can be found on the Oklahoma Film Friendly Community Program page of our website. COMMUNICATIONS As an officially certified Oklahoma Film Friendly Community, OF+MO will keep in close contact with our designated Liaisons regarding all upcoming film and television productions that may impact their areas. Our communications with you will include many opportunities to work with OF+MO to market your area's resources as it relates to location requests for potential projects, which we're actively working to recruit to Oklahoma. As your community's designated Liaison, please keep in mind your contact information will be published on your corresponding community's profile on our website, and as such, there may be instances where a production contacts you directly for locations assistance or information related to their film or television production. You're welcome to verify any such production requests with our office, however, please stay as actively engaged as possible with the production in respect to the time sensitive nature often associated with their requests as they may be considering multiple communities or states during their selection process. More specific information regarding potential projects and the development phase of production as it relates to locations and marketing will be discussed in the Film 101: The Production Process from Script to Screen section on page 18.. AT YOUR FINGERTIPS Instantly access the Oklahoma Production, Locations and Music Directories with the OKLAHOMA FILM + MUSIC OFFICE APP to explore and connect with Oklahoma's talented crew, accommodating support services, diverse locations and legendary musicians. For more information, visit the Tunes Store. CONNECT WITH OF+ISO YOUSEF KAZEMI okfilmmusic.org` Outreach + Production Manager 1-800-766-3456 Yousef.Kazemi@OKCommerce.gov I I @okfilmmusic I #OkieFilm HEALTH + SAFE The Oklahoma Film + Music Office (OF+MO) believes the highest priority to maintain our state's film and television industry is the safety of Oklahoma's filmmakers, crew members, talent, vendors, location owners and communities. Amid the current COVID-19 Pandemic, OF+MO has updated its website to reflect current health and safety information from national and local industry organizations. We've also published our own "Considerations for Oklahoma Filmmaking During COVID-19" outlining suggestions for continued film and television production at this time. These considerations are not exhaustive nor comprehensive in scope. Guilds, unions, companies, studios, local, state and federal guidelines may be more comprehensive and restrictive in nature. Please communicate with our office any new guidelines in place within your own community that may impact film and television production as we strive to keep everyone informed as it relates to the health and safety of all parties moving forward. Visit okfilmmusic.org/emergency-resources-for-film-music-workforce for these resources. The Oklahoma Film and Music Office (OF+MO) works with many different types of film and television productions —from student films to larger independent or studio - supported productions.. One thing they all have in common is searching for the perfect location for their project. Many factors ultimately contribute to the selection process. The next few sections will outline the typical journey from script to screen for many film and television projects and how OF+MO and our Film Friendly Communities can assist in the locations process.. LOCATION SEARCH During the development phase of a film or television production, OF+MO will receive a locations inquiryfrom a production company, producer, director or locations scout (see definitions on page 32). The client may send over reference items such as a script, treatment, creative deck, inspiration images and/or a locations breakdown in hopes of seeing how Oklahoma can visually match the creative and logistical needs of the particular project. The film representative may also ask questions related to the local weather, crew, infrastructure and our state's film incentives. In turn, our office may request additional details from the filmmaker before preparing items related to the project in order to get a better understanding of the film or television production's impact, including information related to project type, budget, cast/crew size, filming dates and more. After this initial correspondence and based on the expressed needs of the project, OF+MO will assemble a customized locations package pulling reference images of sites that have been uploaded to our online database, the Oklahoma Locations Directory. This is the reason it is important to have as many examples of your community's locations and attractions updated and included in the database as possible. If the script calls for a general store or courtroom, we can quickly assemble these property types as all locations in the Oklahoma Locations Directory are tagged by city, county, category and keywords. No one knows your area better than you do, and there will be times we may turn to your community liaison to provide additional information on either locations we don't have in our database or those sites of which we may not be aware. In cases like these, we will distribute correspondence to our designated Film Friendly Community Liaisons with detailed information related to the locations query and/or package we are assembling. Once the package is assembled, we email a private link to the requesting client. The client will generally provide feedback detailing which locations are of interest and may wish to arrange an advance locations scout (tour) wherein the requesting individual and/ or the entire creative team will physically visit specific sites. Our office will contact the property owners at the requested locations and arrange those visits, or work with your designated Community Liaison when needed to do so: Location scouts help inform the film or television production by narrowing down which locations may be suitable for their project and determine if additional visits or research is needed. These advance visits may or may not need your assistance in the early stages, however, we will certainly try to keep you informed of any such visits to your areas. Since the Oklahoma Locations Directory is available for public use, some film and television productions may also do their own research and may reach out directly to your community. Additionally, they may also hire a freelance location scout to pull location photos from their own files, or coordinate visits. If your community or office receives a direct inquiry, you should implement the same hospitality and service as you would if OF+MO were to contact you. We encourage you to ask the same intake questions as we would. Please refer to our project intake form in the Permitting tab on the Film Resources page of our website for initial intake information we generally request. The production may not be able to confirm all of the information upon immediate contact with your agency, however, procuring these details will help you judge your community's best approach to working with the inquiring film or television project. You may always contact our office to see if they have been working through our division in any capacity. Additional resources include verifying film titles, cast, crew or filmmakers on the Internet Movie Database (IMDB) or generally performing a web search of the provided information. s NW AV. r 6 e J ,t If Oklahoma is selected as the location for a film or television production, the production pace and associated outreach from the filmmakers will increase as theyseek to secure locations and infrastructure, potentially including lodging, office space, catering, storage, rental cars, supplies, contract services and much more. This phase of production is generally referred to as pre -production, meaning the time before principal photography (filming) or production begins. If a number of the film's chosen locations are in your community, your Film Friendly Community Liaison and local leadership may be called upon to help provide the aforementioned information in support of the production, particularly if your communities are outside the state's two largest production hubs - Oklahoma City and Tulsa. This is where the role of Film Friendly Community Liaison can become the most valuable. One of the challenges for both community agencies and commercial entities previously unaccustomed to working with film and productions is often the available lease options for locations, including offices and commercial/industrial real estate. Afilm's production schedule may last anywhere from a couple weeks to a couple months or beyond. If a production is requesting rental spaces such as these in your community, please inform them in advance of your community's policies concerning business licenses and certificates of occupancy when applicable. Also, please notify the responsible community agencies for issuing required documents that they may receive said requests from film and television production in your area. Remind all parties that the realm of film and television production tends to operate on short term leases, which generally last from pre -production through production before a film completes work or "wraps" in your community. PRODUCTION Closer to the start of filming, the creative team will visit the desired location sites for a technical scout during which time the project's director, director of photography (camera), production designer and others plan out the specifics of shooting, including camera angles, lighting, etc. Scheduled dates for filming at the location will be determined in the production office based on factors such as availability of the talent and weather, which are always subject to change. Your Film Friendly Community Liaison may be asked to help with film permits or permissions when applicable outside of privately maintained locations. Film and television productions frequently require the cooperation of other local government agencies and individuals, such as the city manager, transportation and parking authorities, parks department and fire/police/emergency services. Examples of production requests are a street closure, changes to signage on city structures or buildings, or bringing a large number of people (cast/crew/extras) or production vehicles to a specific area. This is why is it is important for your designated Film Friendly Community Liaison to be associated in an official capacity with an established community agency as they may be called upon to collaborate with other respective agencies and individuals. Keep in mind the evolving and fast -paced nature of film and television production in your community. While these projects can bring valuable economic impact to your community, they are also working within their own respective budgets to maintain their production schedule and stay within their budget. Positive attitudes and a willingness to be flexible are key ingredients to success while simultaneously working with these productions and maintain the best interest of your community. If you have questions about best practices or feel the production may be over extending its ask of the community, please consult our office as we want to ensure our Oklahoma communities are fairly treated and ensure a positive experience for all parties. While many of us are familiar with production studios and companies such as Warner Bros or Netflix, most film and television productions establish an LLC or similar corporation specificallythroughout the respective production process. They are created and dissolved around the dates of filming, so while the production may be distributed by Amazon or MGM, the company name may be unfamiliar, which again you may verify by contacting OF+MO as productions utilizing the state's film rebate have registered those names with our office. Additionally, productions may choose to refer to their project by a code name or acronym either through electronic or posted correspondence signage in your community, including directional signage that may indicate where production operations are based to those working on the project. This is simply to keep their shooting schedule as efficient as possible without unsolicited public or media interference. OF+MO will typically be made aware of the production's wishes with respect to confidentiality before production begins, and can likewise make your community aware if you've not previously received such details. Location contracts explaining the details of the shoot, including the agreed -upon location fees, liability insurance (covered by production) and how damage will be addressed should any occur (a rarity, but important to note as should be covered by production), are entered into by the location's manager or film producer and the property owner. In some cases, a locations contract may need to be approved byyour community or city leadership. Find a sample of a locations agreement on the Oklahoma Film Friendly Community Program page on our website. If a location is private property or your community does not require a general permit, the negotiations are often privately maintained between the production and property owner, and you may not receive notification of the production in your area depending on the show's impact. OF+MO can provide additional information on potential productions in your area by contacting us. POST -PRODUCTION When the filming has wrapped, the project enters the post -production phase, which generally includes editing the film, adding visual effects and more. Occasionally re -shoots or additional footage may be necessary due to scheduling, editing or creative reasons, in which case the production may return toyour community. It is critical to finalize any outstanding production issues within the first month after principal photography/production has completed. If there are any issues that need further resolution after this time, please contact OF+MO. s' 21�4 The importance of having location photos catalogued and included in the Oklahoma Locations Directory cannot be understated and is an essential part of becoming a certified Film Friendly Community. Your community's certified Film Friendly Community Liaison will have access to the Oklahoma Locations Directory in hopes of continually adding new location listings and maintain your community's current entries ahead of production requests that are received. Additionally, OF+MO will soon implement a public photo submission page whereby your individual community property owners can submit their own locations for inclusion in the Oklahoma Locations Directory. With respect to film incentives, which entice productions outside typical areas such as Los Angeles and New York, locations are equally as important to film and television productions — and they are often the first indicator of where a production will consider filming. Among the considerations a production may have when choosing a location are: The visual appeal of the location based on the creative requirements (script). The film -friendliness of the location and respective community. The logistics of shooting and transporting a team to the desired location, including the cost and associated fees. FINDING THE HIDDEN GEMS OF YOUR COMMUNITY You're probablyvery familiar with tourist attractions in your communitysuch as main streets, historic homes or museums, but often times, filmmakers are attracted to "out - of -the -box" locations, which might be in your own backyard. Generally, what may be considered outdated or the community eyesore could be exactly what a film needs. Having achieved statehood in 1907, Oklahoma tends to attract a fair share of period films from westerns to films taking place from the 1920's through the 1960's, making period architecture and associated properties of the time valuable. Additionally, abandoned or vacant properties such as jails, hospitals, police precincts or military buildings are even more lucrative to filmmakers because if those properties are in decent working condition they are able to control the setting and more freely work within the space versus an active location that presents obvious logistical concerns. F-22C ,,V l When deciding your community's priority locations to capture, think of places that are unique to your community that may not be found in main production hubs like Oklahoma City or Tulsa. Also consider locations in your communitythat don't favor Oklahoma and may resemble places from around the country or world. Oklahoma's diverse terrain spread among its 12 distinct eco-regions often have our state being represented on screen as alternative locations. From the sandy dunes of Little Sahara State Park in Waynoka to the stunning Italian villa architectural and landscape influences of the Philbrook Museum in Tulsa can truly set the scene for a number of unique locations - and your community can playa role! Taking photos to expand your community's presence in the Oklahoma Locations Directory may seem like a daunting task, however, a basic understanding of preferred film location coverage and amateur photography skills are truly all that is required to capture the attention of filmmakers evaluating locations. If you need additional help or wish to designate the task to a third party, consider local photographers, students or historians. Your photos are only meant to entice potential location scouts and filmmakers with a general overview of what the location can offer. Each filmmaker will have their own ideas on how they want to ultimately photograph the property in their film or television project. Most importantly, make sure to have enough accurate coverage to show the location in its truest form. For example, if you are photographing a church that has a telephone pole near its entrance, make sure to include that in your photos, even if the more eye-catching version of the picture would be to have left it out. This is to avoid misrepresenting the location. If a site is near a busy intersection or has these types of consideration, it is much better to account for them on the front end versus later. Keep in mind the logistics of what filming at each individual location site might entail depending on the size and scope of the production,. Generally speaking, a film production will have with it, in some capacity, trucks, cabling, equipment and more; consider parking and other staging elements as well either on site or nearby. PIONS DIRECTORY Once you've procured your location photos, you will then need to upload them to the Oklahoma Locations Directory using the direct upload submission form found on our website at oklahoma.reel-scout.com/loc-add.aspx.The submission form allowsyou to directly add your photos to the directory by creating a location profile within the system. Fields on the submission form marked with an asterisk (*) are required, however, other areas of information that are unmarked may be left unpopulated if unknown. Requested information will include location name, category/type, address and description as well as the preferred contact name, e-mail address and phone number. Additional information may also be provided in the customized fields. We ask that you make the point of contact the property owner(s) unless they've specifically requested your designated Film Friendly Community Liaison be the initial priority contact. Please only submit one (1) location at a time rather than grouping your community's locations all together. For example, if you are photographing a Main Street area that also has a nice lake nearby, the lake will need to be uploaded as a separate location, particularly if it is not visible from the Main Street area and/or has two distinct, separate addresses. Please note that once you've uploaded a location profile using the submission form, it will NOT immediately be available for public view in the Oklahoma Locations Directory as OF+MO must first review and approve the listing. OF+MO does weekly reviews of all new entries to our databases, however, you are always welcome to contact us directlyto let us knowyour submissions are pending review. You're welcome to distribute a call for locations among your community's property owners (business/residential/other) who may be interested in listing their sites. You can work with those interested parties directly to have them submit their photos and information to your designated Film Friendly Community Liaison, or they are welcome to contact us directly for further help in the process. 2's 1 ` d r�3 L, PHOTOGRAPHY TIPS FOR SCOUTING LOCATIONS Get permission from the property owners before photographing individual sites for the Oklahoma Locations Directory. Horizontal or panoramic images are preferred over vertical images as most film and television productions are filmed in widescreen format. These give filmmakers the widest view of the location to assess all positive and negative features of the property. Include multiple photos of a location from different angles. Locations submitted with just one photo included cannot be used. It is suggested to take photos from one corner of the room and then the opposite corner showing the reverse view. The same is true of exteriors. When scouting a property, make sure to get both the outside (exterior) and inside (interior) of the location. If interior photos are not available or not allowed, please note this in the usage restriction on the location submission form. If you are submitting photos taken by someone other than yourself, please make sure to have permission from that individual to include in the Oklahoma Locations Directory and assign photo credit as required, particularly when it comes to professional photography. OF+MO prefers to have images without watermarks or other decals from professional photographers when possible. Location photos are different than tourism or marketing photos. Focus should be on the actual location itself, so please avoid submitting photos that showcase people, festivals, pets, etc. For example, showcasing photos of a business such as a restaurant/bar when empty is preferred over when customers are present. Avoid photos shot in inclement weather such as rain, snow, fog, etc. There can be some exceptions to this if photographing nature, however, it is preferred to have a "blank canvas" so to speak as those elements can often be added into film if a particular script calls for those conditions. One of the challenges most photographers face is lighting. Natural lighting is your friend! Use it when possible and note that the time of day your photos are taken will alter how locations appear. Early morning light is generally soft subtle, while afternoon light can be harsh, especially if your subject is in full sun or awkwardly shadowed. Evening light around magic hour (before sunset) can be warm and create a golden hue. Please make sure the photos you are submitting are not blurry or out of focus. Additionally, the resolution is very important as we want to have the clearest picture possible that is formatted for web viewing. A suggested resolution would be 1280 x 720 or greater when possible for those who are familiar with image settings. Please do not use photos with untraditional filters, lenses or framing from social media apps like Instagram and Snapchat. I BEING FILM FRIENDLY All locations submitted for the Oklahoma Locations Directory must be film -friendly. This does not mean property owners guarantee filming for every requesting project, however, they must be willing to consider filming. OF+MO understands that every request must be treated individually as some property owners may not accept every project genre or budget and additionally they may have certain stipulations on what access a film may have to their location (interiors, private areas, etc.). OF+MO encourages these stipulations, if known, to be listed in the usage restriction field for each location profile in the database so as not to waste a client's time by setting false expectations. OF+MO does not issue filming permits. Many statewide communities have created film permits and guidelines, and we hope to see additional permits instituted by communities should they choose to go through the certification process afforded by our Oklahoma Film Friendly Community Program. The decision to implement a filming permit(s) should ultimately be decided by community, and the guidelines of the permit will likely be unique to each community. When discussing the impact of a film production on your community, we encourage you to ask questions related to pedestrian or vehicular traffic, noise, lighting, composting/ trash, etc. The more factsyou have upfront the better your community will be served and have a positive production experience. Some requests made by the film or television production may be unreasonable, which is understandable, however, we do encourage you to hear them out and always reach out to our office should there be any questions about best practices. OF+MO is not involved and does not negotiate location fees forfilming on -location as these agreements should be made between the production and the property owner. You may be asked by property owners questions related to location fees and usage. Because each project is different in terms of overall budgets and needs, we strongly encourage only those officially associated with the production discuss matters related to fees with property owners. This is to avoid negatively impacting negotiations for both parties. Several resources can be found on our website, including sample location agreements. Additionally, some government properties owned by the city, state, county or federal agencies have set location fees for their properties that may be designated on their permits. - �* ` �2, Or POPULAR LOCATION TYPES FOR FILM + TV PROJECTS Oklahoma attracts many diverse film and television projects each year with an even greater range of location needs among them. Our state has helped set the scene from everything to science fiction films taking place in other worldly galaxies faraway, to sweeping family dramas on the rolling hills of the plains. With the growing number of films annually being produced in Oklahoma, the need for capturing scenic, practical and unique locations is critical. Below are some suggested sites that are frequently sought after by filmmakers that might inspire you to get started scouting and cataloguing your own community. Main Streets, Town Squares Neighborhoods, particularly19th and 20th century Landscapes and Notable Geography, including fields of crops, lakes/rivers/streams, mines, gorges, quarries, waterfalls, mountains, bluffs, hills Factories/Industrial, including mills, manufacturing plants, cotton gins, waterwheels Native American sites, reservations, casinos Homes of all types, including mansions, estates, Victorian homes, mid-century modern, ranch -style, lake houses, farm houses, mobile homes, trailer parks, low-income housing, apartments, lofts, condos Anything closed or partially vacant, including prisons, hospitals, police stations, institutions, schools While there are the creative and exciting elements of film and television production, the actual work that is performed is unusually unique to this specific industry. Communities should think of this like a convention visiting your area whose impact may include large equipment trucks, catering, construction, and potentially hundreds of cast/ crew/extras - all of whom travel with the project from location to location. Understandably, the costs associated with this are an important factor for budget -conscious producers when deciding locations whose job it is to deliver film shoots on schedule and on budget. Producers must also take into account the environment and infrastructure of the location as it relates to every member of the production as filmmakers frequently work very long hours (12+) with overnights, untraditional of the typical 9-5 world. Oklahoma City and Tulsa are Oklahoma's two main production hubs where most crew members and production vendors are located. When considering locations outside these cities, producers will first consider the distance as it relates to travel time and safety for the talent and crew. If the distance to the location is determined to be "outside the zone" (typically determined by local unions), productions will need to consider the additional costs of housing and living allowances as well as transporting the necessary production supplies, equipment and vehicles to that area. Oklahoma is a right-to-work state, meaning both union and non -union members can be hired by film and television productions. The state's increased film activity has seen a more visible film union presence through the International Alliance of Theatrical Stage Employees (IATSE), Teamsters and other guilds. Most film or television productions from a major studio will already be union signatory shows, meaning they will have specific rules for what defines a production center and when a production must offer living allowances and other provisions. Some producers are able to negotiate zones with the unions based on their production specifics. At this time, most film and television productions in Oklahoma are independently produced without a studio behind the project and are considered non- union. Regardless, costs associated with travel and transportation to each location are important considerations for all projects whether union or non -union. �JrA -"W, 0o While these considerations may seem to prevent many communities from being considered as potential filming sites, it should be said that Oklahoma City and Tulsa do not host all productions happening in Oklahoma. Keep in mind: 1 The increased production activity in Oklahoma means the number of locations needed has increased and diversified. No one region can creatively accommodate every location request based on the geography of the State of Oklahoma. 2 Oklahoma tends to attract independent films who are able to better accommodate the need to travel to more locations. Additionally, OF+MO works with other production types, including docu-series/reality television, commercials, student short films, commercials and photoshoots, all of which travel and can have positive economic impacts on your community. While your community may not host an entire film shoot, even hosting a few days can increase visibility and have a significant local economic impact. There are several ways your community can start engaging film and television productions despite being further away from production centers by considering the following: 1 Photograph Locations —As previously discussed, take photos of the unique locations you have and make it a priority to shoot those locations that can't be found near production centers and are extremely unique to your area. 2 Lodging — Keep an aggregate list of available lodging in your area with consideration of the various levels and types as it relates to where "above the line" and "below the line" would stay. (See definition of terms starting on page 32.) Lodging should not just includeyour hotels, but also resorts, rental properties, condos, apartments and more, particularly as it relates to the executive level personnel who may require elevated accommodations outside the standard hotel chain. 3 Neighboring Communities —Consider partnering with the cities and towns nearest to your community to present an attractive regional package. Perhaps, you have one element the other community may not, and working together could create a winning situation for both destinations. 4 Vendors— If you're located far from Oklahoma's main production hubs, gauging your local resources and supplies will be one of the first items of consideration for a production determining if your community will be able to sustain their film or television project. This is where your local vendors could benefit from contracting with the production, and may even be able to create a cost-effective solution for filming in your area. Popular vendors to consider would be restaurants who could provide catering, antique dealers who could provide props, construction companies or supply stores that could provide lumber for set builds —there are many possibilities. If your local businesses are available to supportthe film and television production industry, encourage them to register their companies in the Oklahoma Production Directory, which lists vendors available to productions similarlythe Oklahoma Locations Directory. Learn more details about the Oklahoma Production Directory by visiting okfilmmusic.org/productiondirectory. 4 r: �1,2&'' Welcoming a film or television production is understandably newsworthy and a great success worth promoting for your community, however, there are certain guidelines related to media exposure and specific production information that can be publicly released in your community. While serving both the community and hosting the visiting film or television production, keep in mind that heightened media or public attention can negatively hinder a film's production activity in your area should it result in unwelcomed interference or schedule delays. In an age of social media and minute -by -minute news, it can be difficult to contain the visible presence of a film and television production in your area. This is particularly true if the film in your community has celebrity talent associated with the project where media and community exposure can be of particular concern to both the production and the respective individual themselves. Confidentiality and respect can be key elements of success for a community looking to make the most of a production experience with high level talent. The more talent of this nature feels protected by the community, the more likely they are to engage in your community by visiting local restaurants, shops, attractions and more, making for greater overall impact and experience. The information and suggested guidelines below will help your community host the production while managing media and community engagement. • Production companies generally wish to keep their projects confidential when they are in the development phase, particularly if they've only just begun researching and scouting locations. Resist informing local media of their presence at this time so as not to create false community expectations, particularly because scouting does not always confirm filming in your community as multiple cities, states and countries may be considered simultaneously during this phase of production development. • If a project has selected your community for filming, you should immediately confirm if the production is working with a publicist or identify an alternative production representative who will handle all media inquiries. The publicist or representative should be notified of any interview requests, and can determine what, if anything, can be released. OF+MO typically receives this information as well, so if you have a question, please ask us. We are happy to help assist or provide guidance if you receive any media requests as well. h '�b Additionally, for film and television projects utilizing the Filmed in Oklahoma Act Rebate Program administered by OF+MO, productions may require certain details be kept confidential bylaw by requesting exemption from the Open Records Act, and furthermore may have provided us restrictions on issuing a press release. OF+MO will inform communities what press policies have been instituted, and we will work with both the production and communities to issue public information as we are able. Avoid publishing or sharing confidential information, including behind -the -scenes content of cast, crew or filming locations on social media or other platforms during production, unless the production has permitted public sharing. Some films may have prohibited social media during filming, while others may have created accounts from which you can share. Ask to avoid running the risk of sharing confidential or unauthorized details. Once a project has wrapped, there is greater opportunity to discuss with the production company promoting your experience and community. Often times, a production may be able to provide more for you after filming has wrapped, which can make for a more comprehensive story and better showcase your community's efforts and involvement. Media may wish to know the specific locations used in your community bythe film or television production. If the production has approved that these discussions may occur, public locations may be fine to reveal, however, be cautious about revealing private property owner's information as they may wish to remain anonymous or keep their addresses confidential. Word about the film's presence in your community may stir interest from local citizens wishing to learn more about job opportunities associated with the film. Please check with the production representative to see how they are fielding such interest. Typically, OF+MO will post any cast or crew calls on the jobs page of our website. Despite how wonderful an experience your community may have with a production, there is always a chance you may receive an occasional complaint from a business owner, citizen or others who feel inconvenience. Address their concerns while remembering the benefits filming brought to the community and their stay is also limited. Some instances may occur in which a production may have a situation with local citizens, businesses, government entities or make an unusual filming request. If you're asked to intervene as the designated Film Friendly Liaison, this is where your connections with local officials may be resourceful. As previously discussed, please contact OF+MO if you need additional consultation, and know that while we want our communities to be hospitable, we value the need to safeguard and protect our local interests. W33 The ways thatyour communitycan benefitfrom incoming productions are limitless. Local businesses can have opportunities to make thousands of dollars from film expenditures. Film needs range from lodging, to food, props, set design, transportation and more. Your community hasthe potential to make thousands of dollars in profitfrom a singlefilm production! A great way to make sure that people and businesses in your community are being utilized is to steer productions in their direction. Highlight businesses in your area in our office's Production Directory. Be sure to encourage local businesses to register in the directory. If you're not sure which businesses are eligible, take a moment to browse through our current listings to see what types of businesses are already registered_ While productions are not in town, film business mixers are a great way to keep the community excited and connected. It can be difficult to know exactly how much money a production spent in your specific community. In order for films to receive their rebate, they are required to list their expenditures, but these are for all statewide expenditures, and they are not broken down by community. If you'd like to know the impact that a production had in your community, here are some ideas of acquiring that information: 1 Ask the production. If a production has spent a considerable amount of time in your community, ask the location manager (or whoever you've been in regular contact with) if they are able to give you an estimate of local expenditures. While they're not obligated to provide this information, they may be able to at least give you estimates. You can use this information to share the impact with your community and get them excited about hosting another production in the future. 2 Askthe vendors. Establish relationships with regular film vendors, and ask them to share data about howfilm productions used their services. You can ask a hotel manager how many nights the crew stayed, or what they spent. The same thing goes with other businesses. The film business mixers are a great wayto build these relationships and encourage local vendors to share this information. OF+MO is constantly updating statewide data related to film and television production in Oklahoma, and may reach out to you regarding your specific community's impact as well. We encourage you to share your impact results with our office, and likewise, we are available to do the same should you have any requests for information that we may be able to provide. In addition to economic impact, another beneficial byproduct of being a filming location is film tourism. People will travel from far and wide to see the place where their favorite television show was filmed, or where their favorite actor stood. An example of this is The Outsiders House Museum in Tulsa, which is a local cultural icon that's filled with memorabilia from "The Outsiders", filmed by Francis Ford Coppola. People will visit the museum from out of state to experience the beloved movie set for themselves. If a film or television production has filmed at a unique location within your community or constructed a set (which you may ask them to leave behind if possible), consider exploring ways those properties and pieces could have a lasting impact on your community as a place to be seen. 13 i 1st Assistant Director (A.D.): Carries out the director's instructions and runs the set overseeing all department heads and ensuring the efficiency of the entire cast and crew. The lst A.D. is responsible for preparing the production schedule and script breakdown, making sure shooting stays on schedule and on budget. The 1st A.D. also serves as a liaison between the director and the rest of the cast and crew. 2nd Assistant Director (A.D.): Works under the 1st A.D. and is responsible for distributing information and cast notifications, keeping track of hours worked by cast and crew, management of extras, signing actors in and out, preparing call sheets and is in charge of the production assistants. Above -The -Line (ATL): Refers to the production's cast and crew considered to be the creative principal staff, including top -tier cast/actors (SAG Schedule F/Run of Show), director(s), producer(s) and writer(s). The opposite term is below -the -line. Art Director: Reports to the production designer and directly supervises the art department as they design sets and create graphic art for the production design of the film. Works closely with the construction coordinator to oversee set construction. B-Roll: The term used to describe supplemental or alternate footage intercut with the main shot or storyline. Often times, this footage involves showing scenery or action related to the main storyline to establish a setting or scene. Mostly filmed without audio recording. Below -The -Line (BTL): Refers to the production's cast and crew who are not considered creative principals. Budget -wise it can also include the costs of material, music rights, publicity, and the majority of the working crew and department heads. The opposite term is above -the -fine. Best Boy: Chief technical assistant to either the gaffer or key grip. Responsible for the daily running of the lighting or grip department, including the daily scheduling of crew and equipment within that department. Also responsible for the routing and coiling of power cables necessary to run the lights for a specific shot. 2. a.3 4_ ,z Boom: An extendable and adjustable arm where a microphone can be mounted to record the dialogue and sound for a film. A boom operator is the individual who holds this equipment to record the audio of the film's scene. Buyer: Responsible for purchasing or renting props, furniture, costumes and other items on behalf of the art department. Call Sheet: The daily schedule distributed by a production to let every department know what time they are supposed to arrive and where theywill report. Also includes a list of what daily scenes are being filmed and all associated details (who/what/when/where) and requirements for those scenes. Camera Operator: Operates the camera under instruction from the director of photography. Casting Director: Organize and facilitate the casting of actors for all roles in a film or television show. Construction Coordinator/Manager: This person supervises and manages the physical construction of sets and reports to the art director and production designer. Craft Services: Provides on -set snacks and drinks for cast and crew. This position is not the same as the caterer as craft services is generally provided 24/7 throughout the film's daily shooting schedule whereas the caterer would be tasked with primed meals, including breakfast, lunch and dinner. Director: The person in charge of the overall cinematic vision of the film and the performance of the actors. Responsible for the complete artistic control of a film and for translating/interpreting a script for screen presentation. Director of Photography (D.P.): In charge of the camera department and responsible for the overall look of the film from a cinematography perspective. Sets composition for each shot, including the camera placement, movement and lighting. Also responsible for the selection of the camera, film stock, lenses, lighting and color scheme. Distribution: The term used to describe the process of making a movie available for viewing by an independent audience. Films may be exhibited directly to audiences through theatrical release, television broadcasting, or personal home viewing such as streaming services, DVD and video -on -demand. Distribution can be international, national, regional or even local in certain instances. Dolly Grip: Prepares and operates the camera dolly, or a wheeled camera platform that moves on rails. Executive Producer: Usually an investor in the film or someone who has arranged financing or in some cases arranging the film's on -screen talent, director or screenwriter. Expatriate: Any individual who has previously resided in Oklahoma for at least one year, but does not currently reside in the State of Oklahoma. �4, * 7'3W. OU > Extra: A nonspeaking actor who appears in the background of a scene. These actors are typically found by casting directors or an open call announced by the production company. Gaffer: Head of the electrical department, responsible for designing and implementing the lighting scheme for a production. Greenlight: A production industry term indicative that a film is full -funded and ready to begin production. Grip(s):Trained lighting and rigging technicians who workwith both the electrical and camera departments to put in lighting setups, move set pieces and equipment around and rig camera mounts. Handle lighting equipment needed to diffuse and shape light at the direction of the D.P. The "Key Grip" is head of the department who coordinates all other grips in the crew, and receives direction from the gaffer. Independent Film: Refers to a film or short film not associated with or produced by a major Hollywood film studio. Line Producer: A line producer's role may often be coupled with the title production manager/unit production manager depending on the format or budget of the project. Line producers help manage the budget of a film or television production and may also assist in the daily physical aspects of the film production. Location Manager: Scouts and manages all filming locations. Negotiates contracts with property owners of shooting locations on behalf of the production company. Secures shooting permits and coordinates schedules with local officials including all fire, police and other governmental affairs. Makes sure there is proper parking for cast and crew at the locations, and that locations are left in good condition after filming is completed_ Location Scout: An individual who searches and photographs locations based on the needs of the script during the pre -production phase to determine where the film or television project will be filmed. The scout will prepare photo presentations for the director, producer or production designer, and may become the location manager once shooting begins, or works under him or her. Post -Production: The final stage in a film's production after principal photography. Involves picture editing, the addition of sound/visual effects, musical scoring, mixing, dubbing, distribution, etc.. Pre -Production: The planning stage in a film's production after the project is finally greenlit, and before principal photography or actual shooting commences. Involves script treatment and editing/rewriting, scheduling, set design and construction, casting, budgeting and financial planning, and scouting/selection of locations. Principal Photography: Refers to the filming of major and significant portions of a film production involving the main/lead actors/actresses; contrast to second -unit photography. Producer: One or more persons who brings the entire project together and oversees all aspects of production. Duties include all logistical matters of a movie production such as scheduling, financing and budgeting, fund-raising and financing, acquiring, developing and finalizing a script/story, hiring key personnel for cast, crew, and director, arranging distribution of the film to theaters, serving as the liaison between the financiers and the film-makers, while managing the production from start to finish (post -production). Production Assistant (P.A.): Entry level "gopher" position. This person assists with any odd jobs or errands needed both on and off the set; may be assigned to a specific production department or offer all-around assistance as needed. Production Coordinator (P.O.C.): Serves under and assists the production manager/unit production manager (U.P.M.). Establishes the production office, books travel and lodging for the cast/crew, maintains all paperwork related to insurance, daily progress reports and other matters, coordinates communication with the set and delivery of props, costumes, etc., wraps out the production office and closes all outstanding accounts at the end of filming. Production Designer: Works with the Director to achieve the overall look of the film from an artistic design perspective. Supervises set construction, scenery, costumes and any other item that will appear in front of the camera. Production Manager/Unit Production Manager (U.P.M.):This individual is responsible for organizing the general business, finance and employment issues on a film production, including making business deals with local vendors and hotels, hiring and firing film crew, approving schedules and call sheets, and keeping track of the production's budget. Property Master: Responsible for purchasing, manufacturing, placing and maintaining any props that the actors may use and/or will be featured on set for the film production. Schedule F: Refers to select members of SAG whose salaries are locked in at a certain weekly or cumulative threshold for their work on a particular film or television production. Score: The musical component of a movie's soundtrack, usually composed specifically for the film by a film composer. The background music in a film. May be orchestral, synthesized, or performed by a small group of musicians. Scouting: Refers to the vital process in the pre -production stage of filmmaking wherein the search for locations based on a film or television project's script begins. Screen Actors Guild (SAG): The American labor union representing over100,000 film and television principal and background actors worldwide. Screenwriter: The writer of the original or adapted script that the production is filming. Script Supervisor: Monitors the script during shooting to ensure there are no continuity errors that may negatively affect the film when it is pieced together in post -production; Tracks all the details of each day's shooting, including both the number of scenes shot as well as the number of takes within each scene, what happened in the scene and any changes in the script that may impact future shooting days. Provides detailed reports to the production team and the editors. > Ar ^3 s Second -Unit Photography: Refers to the less intensive scenes (large crowd scenes, scenery, foreign location backgrounds, various inserts and b-roll, etc.) that are filmed by a smaller, secondary or subordinate crew, usually headed by a second -unit director; contrast to principal photography. Set Decorator: Works with the production designer on set design and decoration overseeing the dressing of the set, including furnishing the interior and exteriors. Short Film: Any motion picture not long enough to be considered a feature film. The Academy of Motion Picture Arts and Sciences (Academy Awards) define this as "an original motion picture that has a running time of 40 minutes or less". Sound Stage: A large, soundproof area/room in a studio used in film production, where elaborate sets may be constructed, to allow filmmakers greater control over climate, lighting, sound, security and spectators. Many industrial spaces with ceiling heights of 25ft- 40ft have been converted into temporary sound stages for film productions in Oklahoma. Stand -In: An individual who stands in place or substitutes for an actor during the lengthy preparation of a scene, but not during filming. This is not to be confused with a stunt double or body double, which can appear on camera during filming. Transportation Coordinator: Head of the transportation department. Obtains and manages all vehicles and drivers needed for filming, including trucks, trailers (make-up, hair, talent, etc.), picture cars, honey wagons and rental cars for cast and crew to move from location to location. Unions/Guilds:In the entertainment industry, many unions and guilds have been created to represent their members in negotiations for wages, benefits and working conditions. Typically, they are organized by specific worker types, such as actors, directors, and technical workers. Common unions and guilds include the Screen Actors Guild (SAG), the Directors Guild of America (DGA), the Writers Guild of America (WGA), the Producers Guild of America (PGA), the International Alliance of Theatrical Stage Employees, Movie Picture Technicians, Arts and Allied Crafts of the United States (IATSE) and Teamsters. Video -on -Demand (VOD): A method of film distribution allowing users to access video entertainment directly from their televisions without needing a physical media format, such as a bluray, DVD or VHS tape, without the constraints of a typical, static broadcasting schedule. "The Zone": Typically refers to a 30-mile radius from a production hub/basecamp used by film projects to determine per diem, driving distances and other accommodations that may be needed for cast and crew members. The zone is particularly important on union films, which have strict guidelines on what productions must provide their cast and crew as it relates to the aforementioned considerations. OKLAHOMA Film + Music okfilmmusic.org P.O. Box 52002 Oklahoma City, OK 73152 (405) 522-9635 In State (800) 766-3456 Toll -Free @OKNImMusic - #OkieFilm - #OkieMusic TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Proposed Amendment to the Collection of the Ambulance Fee DATE: November 7, 2024 BACKGROUND: In City of Owasso Ordinance Section 13-236 - Funding for Ambulance Service, there is a four dollar ($4.00) per month ambulance service fee collected by Owasso Public Works Authority. Eighty-five percent (85%) of the fees collected are utilized for operating expenses and fifteen percent (15%) are used for capital expenses. The ambulance service fee is assessed to single family residences, movable manufactured housing, multi -family dwellings, and commercial or industrial establishments, as defined under the zoning code of the city_ • The ambulance service fee covers emergency medical ambulance services at no additional charge in excess of payment from an insurer, if any. • Currently, residents living in individual units of multi -family residential dwellings are not assessed a monthly ambulance service fee and would incur an emergency medical service charge based on the existing fee schedule of thirteen hundred dollars ($1,300.00) per response, plus fifteen dollars ($15.00) per loaded mile. • These residents may subscribe to the ambulance service for a fee of forty-eight dollars ($48.00) paid annually. However, this subscription is underutilized and residents incur the cost that insurance does not pay, or the entire cost, if uninsured. Often, billing for these services is not recovered. • Of the estimated three -thousand nine -hundred and eighty-two (3,982) multi -family residential units, there are thirteen (13)unit subscribers to the ambulance service. In an effort to reduce the financial hardship of our residents living in multi -family residential dwellings, when faced with pre -hospital medical emergencies, and to secure funding for the ambulance services provided, staff is proposing an ordinance change to include multi- family dwelling units in the ambulance service fee. • An Item has been placed on the November work session agenda for additional discussion. PROPOSED AMENDMENT: Staff is proposing to amend the ordinance language to authorize the Owasso Public Works Authority to collect the ambulance service fee from the multi -family residential properties, based on the four dollars ($4.00) per -month per -unit increasing estimated funding in the ambulance service fund by $13,538.00 per month. Ambulance Fee Page 2 Staff surveyed each property for unit occupancy and determined these properties are 95% occupied. Utilizing apartment population density of 2.33 per unit, staff estimates multi -family residential population in the City of Owasso 8,814.15. Staff sought input from the multi -family dwelling owners and managers in our area and received nine (9) replies. Six (6) replies did not want to see the fee added to their utility bill and requested that it remain optional for the tenants to pay on their own. Three (3) replies are in support of including tenants in the ambulance service fee. COMPARISON TO OTHER CITIES: Staff looked at other Tulsa area cities for comparison. Tulsa Ambulance Service Emergency Medical Services Authority (EMSA) is a Public Trust that has other funding options and also contracts with other smaller cities to provide ambulance services. EMSA utilizes an opt -out program, where a fee of $5.45 is charged and residents must opt -out in writing to the city if they do not want to pay the fee. The City of Skiatook and Collinsville both have higher rates. Collinsville is at $10.00 and Skiatook at $7.00 a month. They do not require apartments to pay the ambulance fee. The City of Broken Arrow and the City of Bixby are more closely comparable. Broken Arrow ambulance service fee is at $6.45 and Bixby at $7.50 a month. Both, by city ordinance, include apartment units in the ambulance service fee. The City of Broken Arrow and Bixby also include a rebuttable presumptive language for the total number of living units occupied. Broken Arrow established seventy percent (70%) and Bixby eighty- five percent (85%), presuming the total number of residential living units are occupied to formulate the fee. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director of Operations SUBJECT: 2025 Street Rehabilitation Program Proposed Project Listing DATE: November 7, 2024 7_[d:03ZT14111�103 Annually, street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process is aimed at maximizing the taxpayer's return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. PRIORITY STREET REPAIRS/MAINTENANCE IDENTIFIED: In August 2024, the Public Works staff completed an update to the City's street inventory. The data collected for the model was adjusted to reflect changes in segment conditions and a new priority listing was generated. A map depicting the location of the proposed priority sites is attached for City Council's consideration. The estimated cost for the base project is $1,959,800. In addition, staff has included three alternate projects, estimated at $273,400 in order to maximize funding should the base bids submitted be less than estimated. PROJECT FUNDING: Funding for this project in the amount of $1,200,000 is available in the Capital Improvements Fund. In addition, the Half -Penny Sales Tax Fund (Streets) has $800,000 allocated for this program, for a total of $2,000,000. PROPOSED ACTION: This item has been placed on the November 12, 2024, worksession agenda for discussion. ATTACHMENT: Recommended 2025 Project Sites 2025 STREET REHABILITATION PROGRAM PROPOSED PROJECT LISTING Location Base Project Rehabilitation Projects Cost OCI E. 1 16th Str N., N. Memorial to N. Mingo $650,000 65 W Broadway, Atlanta to Main St $250,000 48 5th Ave, Support Services to US Hwy 169 Service Road $500,000 75 W 1st St, Atlanta to Main St $192,700 49 W 2nd St, Atlanta to Main St $192,700 49 W 3rd St, Atlanta to Main St $174,400 49 $1,959,800 Alternates Preventative Maintenance Projects: Lakes @ Bailey Ranch Subdivision - Rejuvenation with HA5 $137,400 83 Park Place @ Preston Lakes - Rejuvenation with HA5 $ 54,000 90 Camelot - Reiuvenation with HA5 $ 82,000 85 $273,400 TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director Steve Tibbles, Deputy IT Director SUBJECT: ERP Software Upgrade DATE: November 7, 2024 BACKGROUND: In early 2021, Central Square notified the City that they intended to end functional support of the City's existing Enterprise Resource Planning (ERP) Software programs by December 31, 2023. This meant that Central Square would no longer provide any functional or case assistance for the programs. No functional support of a software program can result in security concerns, as well as loss of function. In March 2021, the IT Department initiated meetings with each of the departments that would be impacted most by this change: Finance, Utility Billing, Community Development, and Human Resources. Staff began the process of identifying all of the functional requirements of the ERP software, as well as software components that could streamline processes that are completed manually. While the City's existing software would no longer be supported, Central Square provided the option for the City to upgrade to one of the newer products that would continue to be supported by Central Square. The Enterprise Software was suggested for Finance, Community Development, and Human Resources, and NaviLine was suggested for Utility Billing. In addition to Central Square, two additional software vendors were identified as potentially being able to meet the needs of the City: Caselle and Tyler Technologies. After staff had begun the process of exploring options and demoing software products, Central Square notified the City of their decision not to end functional maintenance of the existing software at that time. City staff indicated a desire to continue searching for alternative options with the knowledge that Central Square had been considering ending maintenance and that there is a good possibility Central Square will eventually make the decision to end maintenance on the existing software. PROJECT DETAILS: After initial demonstrations with the above -mentioned software vendors, it was determined that only an upgrade to another Central Square product, or the purchase of a Tyler Technologies product would fully meet the needs of the City. Caselle's software is better fit for a much smaller city. During 2023 and 2024, City staff continued to demo Central Square and Tyler Technologies software options for the following City functions: • Community Development • Finance • Human Resources • Payroll • Utility Billing ERP Software Page 2 Central Square and Tyler Technologies provided the following quotes, both valid until December 31, 2024: Central Square Tyler Technologies Purchase/Upgrade $ 387,193.75 $ 1,022,353.00 Travel & Training no additional cost 69,870.00 Year 1 Maintenance included above 273,884.00 Total Contract $ 387,193.75 $ 1,366,107.00 Central Square Tyler Technologies Year 2 Maintenance $ 182,425.00 $ 273,884.00 At this time, City staff believes that upgrading to Central Square's Enterprise and Navil-ine products is the best fit. FUNDING: Funding for the ERP software upgrade is available in the IT Department's FY2024-25 approved budget. An item has been placed on the November 12, 2024, worksession agenda for discussion. TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Carly Novozinsky, Finance Director SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement DATE: November 7, 2024 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 Development Project Assistance. A developer seeking assistance submits an application to the Application Review Committee. The Committee reviews the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluates the qualifications of the applicant, and recommends appropriate performance parameters and requirements. Upon recommendation by the Committee, the development agreement is presented to the OPWA for consideration and approval. An application has been received from Robinson Business Park, LLC, for development assistance on a project located east of the southeast corner of Mingo Road and East 761h Street. a;10_11;103d11#C-1I" The project is a 35-acre site that will provide (4) 11,250 square foot; (5) 9,375 square foot; (5) 7,625 square foot; and (1) 4,125 square foot single tenant spaces; and, (3) 70' x 150' multi -tenant light industrial buildings in the southern portion of the Redbud District. The project will consist of single tenant and multi -tenant light industrial buildings, and may stimulate additional private development in that area, providing a public benefit to the City. The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet the requirements set forth in the adopted Owasso Redbud District and Increment District No. 1 Policy Guide. Per the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement of 10% of actual hard construction costs, if the project is completed and issued the required Certificate of Occupancy, by June 30, 2025, Due to delays during the transition of Economic Development to the City, the applicant has requested an extension of the completion deadline. The proposed agreement allows for the requested extension, pushing the 10% reimbursement date from June 30, 2025, to September 30, 2025. The 8%reimbursement date remains unchanged at June 30, 2029. The application anticipates construction costs of $22,008,233. The contract further outlines obligations of the City and the developer as required in approved TIF documents. TIF Page 2 APPLICATION REVIEW COMMITTEE: On September 26, 2024, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. An item has been placed on the November 12, 2024 worksession agenda for discussion. ATTACHMENTS: Development and Financing Agreement with Robinson Business Park, LLC TIF Boundary Map DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY ROBINSON BUSINESS PARK, LLC October 21, 2024 DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND ROBINSON BUSINESS PARK, LLC THIS DEVELOPMENT AND FINANCING AGREEMENT ("Agreement") is made on or as of this _ day of October, 2024, by and between the Owasso Public Works Authority, an Oklahoma public trust ("Authority"), and Robinson Business Park, LLC ("Developer'). WITNESSETH: WHEREAS, the Authority was created by a Trust Indenture, dated as of the I0"' day of January, 1973, as a public trust for the use and benefit of the City of Owasso, Oklahoma ("City"), pursuant to the provisions of 60 O.S. §176, et seq., as amended and supplemented, and other applicable statues of the State of Oklahoma; and WHEREAS, the City, acting through its City Council, has adopted a resolution accepting the beneficial interest of the Authority on behalf of the City; and WHEREAS, the purposes of the Authority are without the territorial limits of the City and to help benefit and strengthen the economy of the City and tl. WHEREAS, in order to a to provide funds for the costs remodeling, improving, extend disposing of or otherwise dealing to promote development within and facilities and activities which will rf Oklahoma; and ated purposes, the Authority is empowered 3tructing, installing, equipping, repairing, dritaining, operating, administering, and and facilities; and WHEREAS, the ICity has approved the Owasso Redbud District Project Plan (`Project Plan") by Ordinance 1093, dated December 20, 2016, creating Increment District No. 1, the City of Owasso an ad valorem and salc§,tax increment district ("Increment District"), pursuant to the Oklahoma Local Development Act'62 O.S. §850, el seq.; and WHEREAS, the Project Plan envisions the development of the area surrounding Main Street, known as the Redbud District, into a unique place to live, work, shop, and play; and WHEREAS, the Project Plan authorizes the Authority to carry out implementation actions in accordance with development agreements and financing approvals; and WHEREAS, the Developer, consistent with the Project Plan, proposes a 35 - acre site that will provide single tenant and multi -tenant light industrial buildings("Project"); and WHEREAS, the Developer owns real property, described and depicted on Exhibit 1, attached hereto ("Project Site"), which lies within the Project Area and Increment District, as defined in the Project Plan, and proposes to construct and develop the Project on the Project Site; and WHEREAS, the development objectives of the City and the Authority for the enhancement of the Redbud District will be advanced by the Project; and WHEREAS, the parties wish to set forth the manner in which the Project is to be undertaken and implemented; and WHEREAS, the parties deem it appropriate to approve and execute this Agreement, which provides for the implementation of the Project consistent with the Project Plan, and the Authority determines that approval is in the best interests of the City, and the health, safety, and welfare of the City and its residents. IN CONSIDERATION of the mutual covenants and agreements contained herein, the Authority and the Developer hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT SECTION 1.01 Scope of Agreement A. The Developer hereby agrees, subject to the terms and conditions hereinafter provided, to cause the design, construction, and completion, in the time period hereinafter described, of the Project on the Project Site substantially in accordance with plans to be approved consistent with this Agreement; and B. The Authority hereby agrees, subject to the terms and conditions hereinafter provided, to provide to the Developer; up to 10% of hard construction costs upon completion of the project and issuance of the Certificate of Occupancy (COO) by the City by September 30, 2025, or 8%of hard construction costs if completed and COO issued by June 30, 2029, limited to 90% of the ad valorem increment revenues apportioned and actually received by the Authority under the Project Plan tiialt are generated by the Project, as provided under Section 4.02, for the development of the Project in, the manner provided in this Agreement, to be utilized exclusively for the payment of Project Costs as hereinafter described. SECTION 1.02 Scope of Development. The Project represents private investment of at least $22,008,233.00. The Project is a 35-acre site that will provide (4) 11,250 square foot; (5) 9,375 square foot; (5) 7,625 square foot; and (1) 4,125 square foot single tenant spaces; and, (3) 70' x 150' multi -tenant light industrial buildings in the southern portion of the Redbud District. The Project will consist of single tenant and multi -tenant light industrial buildings, and may stimulate additional private development in that area, providing a public benefit to the City. SECTION 1.03 Relationship of the Parties. The implementation of this Agreement is a complex process which will require the mutual agreement of the parties and their timely actions on matters appropriate or necessary to implementation. The parties further agree to consider and enter into such amendments as are reasonably necessary and appropriate to clarify, refine, or reinforce the commitments made herein or to adjust or modify them in light of changes in market conditions. The parties hereto shall use their best efforts in good faith to perform and to assist others in performing their respective obligations in accordance with this Agreement. This Agreement specifically does not create any partnership or joint venture between the parties hereto, or render any party liable for any of the debts or obligations of any other party. ARTICLE II AUTHORITY OBLIGATIONS SECTION 2.01 Project Plan. The Authority shall support the Project in accordance with the Project Plan and this Agreement. SECTION 2.02 Certificate of Completion. Within 30 days after the Developer has completed the construction of the Project, the Authority shall furnish to the Developer a Certificate of Completion, certifying that the Developer has met its construction and development obligations contained in this Agreement. SECTION 2.03 Public Assistance, As terms, conditions, and limitations contained 17 development financing to the Developer in an a completion of the project and issuance of the September 30, 2025, or 8% of hard constructio 2029. Such assistance is to support construction !zed by the Project Plan and subject to the [lie Authority shall provide assistance in ap to 10% of hard construction costs upon .ate of Occupancy (COO) by the City by if completed and COO issued by June 30, III TIONS SECTION 3.01 Design Documents. The Developer shall provide to the City the Development Plans and'Specifications fir the Project no laterthan the time for submission ofsuch plans for building permits. The Community Development Department shall review the plans to confirm that the project meets the City's development objectives as reflected in this Agreement and complies with the Project description. SECTION 3.02 Development Ohl i atg ions. Developer shall cause the Project to be constructed on the Project Site, at no expense to the City or the Authority. The Project must be constructed in accordance with the Development Plans and Specifications approved by the City. 'File Developer shall secure or cause the appropriate parties to secure all governmental approvals in connection with (a) the construction, completion, and occupancy of the Project; and (b) the development and operation of the Project, including, without limitation, zoning, building code, and environmental laws. The Project shall include the following: A. Three (3) 70' x 150' s/f multi -tenant buildings; B. Four (4) 11,250 s/f single -tenant spaces C. Five (5) 9,375 s/f single -tenant spaces D. Five (5) 7,625 s/f single tenant spaces E. One (1) 4,125 s!f single -tenant space; and SECTION 3.03 Design Documents. Consistent with Section 5.02 of this Agreement, the Developer shall provide to the City Development Plans and Specifications for the Project. Such Development Plans and Specifications shall be simultaneously submitted to the Community Development Department for review and comment. ARTICLE IV ASSISTANCE IN DEVELOPMENT FINANCING SECTION 4.01 Generally. "I'he Project Plan authorizes Project Costs, including assistance in development financing. Such assistance is to support the Project, including the construction of public improvements benefitting the Project. SECTION 4.02 Payment Obligations. Beginning on The first day of the third quarter of year following completion of the Project, as indicated by issuance of the Certificate of Completion, the Authority shall provide the Developer assistance in development financing in the form of direct annual payments to the Developer of 90% of collected and apportioned ad valorem increment revenues generated by the Project, net of administrative costs and expenses authorized by the Project Plan. Such payment obligation shall be payable solely from apportioned tax increment revenues collected from the Increment District. Such payment obligation is conditioned upon the Developer's payment of taxes on the Project Site and upon an increase in taxable value of the Project Site. Such payment obligation shall not exceed 10% of hard construction costs or 8% of hard construction costs, depending on the;'project completion date, and receipt of a Certificate of Occupancy by the City. The payrents of assistance in development financing shall continue until the occurrence of the first of the following events: (A) 10% of hard construction costs if completed by September 30, 2025, or 8% of hard construction costs, if completed by June 30, 2029, is paid, (B) December 31, 2039 or (C) the Increment District ends and all apportioned increment has been expended. SECTION 4.03 Financing. Notwithstanding anything to the contrary contained herein, under no circumstances shall the Developer be entitled to any payments of assistance in development financing if the Project has not been completed or if the Developer is in default under this Agreement. All payments are subject to availability of increment. SECTION 4.04 Limitations on Assistance in Development Financing Obligations. Notwithstanding anything to the contrary contained herein, in no event shall the total amount of assistance in development financing provided to the Developer under this Agreement exceed 10% of hard construction costs or 8% of hard construction costs, depending on the project completion date and receipt of a Certificate of Occupancy by the City. SECTION 4.05 Transfers. Should the Developer desire to transfer any interests in this Agreement or the Project Site to another development entity which is necessary for financing or development purposes, and the Authority states its general willingness to consider and approve appropriate transfers required for financing proposes pursuant to a request and documentation by the Developer. ARTICLE V CONSTRUCTION OF PROM CT SECTION 5.01 Scone of Project. The Project Site shall be developed within the general requirements established by the zoning and building codes applicable to the Project Site by the Code of the City ("Code") and related laws governing municipal planning and zoning. The Developer shall be responsible for the construction, renovation, improvement, equipping, repair and installation of all public and private improvements associated with the Project as described in, and in conformance with approved schematic drawings, design documents, constructions documents, and related plans and documents ("Development Plans and Specifications"), SECTION 5.02 Agreement, the Developer shall prepare and submit E Project to the City for its review pursuant to the Code. any substantial or significant changes in the Developi shall submit the proposed changes to the City for it< assignees shall communicate and consult as fregi Development Department as is necessary to ensure Plans and Specifications can receive prompt and spee SECTION 5.03 Construction of-Proiectl renovation, improvement, equipping, repair and substantially in accordance with the Developnncr City, or as amended with the approval of the City. ns., Upon the execution of this int Plans and Specifications for the r, if the Developer desires to make and Specifications, the Developer val. The Developer and its approved with the City and the Community y modifications to the Development sideration by the City. The Developer agrees that all construction, stallation work on the Project shall be done Plans and Specifications as approved by the SECTION 5.04 City and Other Governmental Permits. The Developer shall, at its own expense, secure or cause to be secured any and all permits and approvals which may be required by the City and any other, governmental agency having jurisdiction as to such construction, development or work in connection with any buildings, structures or other improvements at the Project Site. The Authority shall cooperate with and provide all usual assistance to the Developer in securing these permits, and approvals, and shall diligently process, review and consider all such permits and approvals as may be required by law. SECTION 5.05 Rights of Access. For the purpose of ensuring compliance with this Agreement, representatives of the Authority shall have the right of access to the Project Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing, renovating, improving, equipping, repairing and installing the Project, so long as they comply with applicable safety rules and do not unreasonably interfere with the activities of the Developer. Except in the case of an emergency, prior to any such access, such representatives of the Authority will check in with the on -site manager. All such representatives of the Authority shall carry proper identification, shall ensure their own safety, assuming the risk of injury, and shall not interfere with the construction activity. The Authority agrees to cooperate with the Developer in facilitating access by the Developer to the Project Site for construction purposes, provided that the Authority shall incur no financial obligations therefor. SECTION 5.06 Indemnification. The Developer shall defend, indemnify, assume all responsibility for, and hold the Authority and the City and their respective elected and appointed officers and employees and agents, harmless from, all costs (including attorney's fees and costs); claims, demands, liabilities or judgments (except whose which have arisen from the willful misconduct or negligence of the Authority or the City, their officers, employees and agents) for injury or damage to property and injuries to persons, including death, which may be caused directly or indirectly by any of the Developer's activities under this Agreement, whether such activities or performance thereof be by the Developer or anyone directly or indirectly contracted with or employed by the Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act; codified at Title 42, Sections 9601, et seq. of the United States Code (hereinafter, "CERCLA"), and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify Authority from liability. SECTION 5.07 Liability Insurance. A. In addition to the indemnification of the Authority and the City required in Section 5.07 hereof, the Developer shall take out and maintain during the period set forth in subsection (D) of this Section, a comprehensive general liability policy in the amount of at least $1,000,000.00 for any person, $1,000,000.00 for any occurrence, and $1,000,000.00 property damage naming the Authority as an additional insured and loss payee, but only with respect to the liability policy. B. The Developer shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the Authority as an additional insured under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Authority by certified mail of any modification, cancellation or termination of the coverage at least 30 days in advance of the effective date of any such modification, cancellation ortermination. Coverage provided hereunder by the Developer shall be primary insurance and not contributing with any insurance maintained by the Authority, and the policy shall contain such an endorsement. The required certificate shall be filed with the Authority at the time of execution of this Agreement. C. The Developer shall also furnish or cause to be furnished to the Authority evidence satisfactory to the Authority that any contractor with whom it has contracted for the performance of work on the Project Site or otherwise pursuant to this Agreement carries workers compensation insurance as required by law at the time of execution of the Agreement. D. The insurance obligations set forth in this Section shall remain in effect until performance of the development obligations contained in this Agreement. SECTION 5.08 Performance Bond. The Developer shall post with the City such performance bonds or other sureties as may be required by the Code. SECTION 5.09 Local, State and Federal Laws. The Developer shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. SECTION 5.10 Antidiscrimination During Construction. The Developer, for itself, its successors and assigns, and any contractor with whom Developer has contracted for the performance of work on the Project Site, agrees that in the construction of the Project, the Developer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. SECTION 5.11 Taxes Assessments. Encumb when due all real estate taxes and assessments on the obligations of this Agreement, the Developer shall n( Site or any part thereof any uncontested mechanic's I or lien other than as expressly allowed by this Agr deemed to prohibit the Developer from contesting ttp encumbrance or lien, nor to limit the remediesiiavailat SECTION 5.12 Prohib Assignment of Agreement. T without prior written approval any total or partial sale, transfei restrictions on assignment; trai A. Any indebtedness to any B. The rental contemplated for the Project. and Liens The Developer shall pay Site. Priorto,the performance of the or allow to be placed on the Project mortgage, trust deed, encumbrance Nothing herein contained shall be v or amounts of any tax assessment, Developer in respect thereto. shall- not, except as permitted by this Agreement, ity,which shall not be unreasonably withheld, make assignment or lease of the Project Site. The foregoing shall not apply to: security interest granted by the Developer to secure nanent lender with respect to the Project; and of portions of the Project Site by the Developer for any uses SECTION 5.13 Restrictions on Sale of Control by the Developer. The qualifications of the Developer are of particular importance to the Authority. It is because of the qualifications and identity of the Developer, and the management thereof, that the Authority has entered into this Agreement with the Developer. Therefore, the Developer agrees that it will not sell a controlling interest in its own membership interests Lentil performance of the development obligations in this Agreement to any individual or entity which is not currently a member of the Developer. Without limiting the generality of the foregoing, except as otherwise expressly agreed by the Authority in writing, the Developer shall not terminate its existence, liquidate or dissolve, or sell all or substantially all of its assets until performance of the development obligations in this Agreement. SECTION 5.14 Covenants for Non -Discrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, familial status, marital status, age handicap, national origin or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Site. The covenant established in this Section shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns and any successor in interest to the Project Site or any part thereof. The covenants contained in this Section shall remain for so long as any amounts due under this Agreement or a tax increment district established for this Project remains unpaid or outstanding. SECTION 5.15 Maintenance Covenants. The Dev, interest to the Developer, shall be obligated to maintain landscaping situated on the Project Site in a clean and ner good repair in accordance with the Code. REPRESENTAT SECTION 6.01 warrants the following: all successors and assigns in t and all improvements and and in a continuous state of The Developer represents and A. The Developer represents that it is a limited liability company duly organized and existing under the laws of the State of Oklahoma. The Developer is authorized to conduct business in the State of Oklahoma, and is not in violation of any provisions of its articles of organization, operating agreement, or any other agreement governing the Developer, or any law of the State of Oklahoma affecting Developer's ability to perform under this Agreement. B. The Developer's ability to accomplish the Project with financing assistance from the Authority has induced the Developer to proceed with the Project, and the Developer hereby covenants to complete the same and continue to maintain and operate the Project, until the Certificate of Completion is provided to the Developer from the Authority. C. The Developer represents that it has the full power and authority to execute this Agreement and this Agreement shall constitute a legal, valid and binding obligation of the Developer in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by such Developer or the consummation of the transactions contemplated hereby, subject to laws relating to bankruptcy, moratorium, insolvency, or other laws affecting creditor's rights generally and subject to general principles of equity. D. The Developer represents that the execution and delivery of this Agreement, the consummation of the transactions contemplated herein, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented or limited by or in conflict with, and will not result in a breach of, other provisions of its articles of organization, operating agreement or any other agreement governing the Developer or with any evidence of indebtedness, mortgages, agreements, or instruments of whatever nature to which the Developer is a party or by which it may be bound, and will not constitute a default under any of the foregoing. E. To the knowledge of the undersigned representative of the Developer, there is not currently pending any action, suit, proceeding or investigation, nor, is any such action threatened which, if adversely determined, would materially adversely affect the Developer or the Development, or impair the ability of the Developer to carry on its business substantially as now conducted or result in any substantial liability not adequately covered by insurance. F. The Developer warrants that it has not paid or officer, employee or agent of the City or the Authority any obtaining this Agreement. The Developer further represents th no officer, employee or agent of the City or the Authority 1 functions or responsibilities with respect to the Project durir position to participate in a decision making process with regan interest, direct or indirect, in any contract or subcontract, or t performed in connection with the Project, or in any activity; < the term of this Agreement. riven and will not pay or give any money or other consideration for t, to its best knowledge and belief, ho exercises or has exercised any his or her tenure, or who is in a to the Project, has or will have any c proceeds thereof, for work to be benefit therefrom, during or after G. All utility services necessary for the development and construction of the Project are available to the Project Site, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. H. Financial statements of the Developer heretofore delivered to the Authority and the City are true and correct in all material respects, and fully and accurately present the financial condition of the Developer on the respective dates thereof. There has been no material adverse change in the financial condition of the Developer since the date of the latest statement furnished. 1. The Project Site is free of all contamination requiring remediation including, but not limited to, (a) any hazardous waste,.. « underground storage tanks," "petroleum ... .. regulated substance," or "used oil' as defined by the Resource Conservation and Recovery Act of 1976, as amended, or by any regulations promulgated thereunder; (b) any "hazardous substance" as defined by CERCLA, or by any regulations promulgated thereunder; (c) any substance the presence of which on, in, or under the Project Site is prohibited by any federal, state, or local law, rule, regulation, or ordinance similar to those set forth above; and (d) any other substance which by federal, state, or local law, rule, regulation, or ordinance requires special handling in its collection, storage, treatment, or disposal. J. Neither this Agreement nor any statement or document referred to herein or delivered by the Developer pursuant to this Agreement contains any untrue statement or omits to state a material fact necessary to make the statements made herein or therein not misleading. SECTION 6.02 Authority Representations and Warranties. The Authority represents and warrants the following: A. The Authority is a duly organized and validly existing public trust under the laws of the State of Oklahoma and as such, is a duly constituted authority of the City and an agency of the State of Oklahoma. B. The Authority is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. The Authority has duly authorized its Chair, or in the Chair's absence, its Vice -Chair, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of the Authority. C. The performance by the Authority under this Agreement will not violate any provision or constitute a default under any indenture, Authority is currently bound or by which it is affected. D. To the knowledge of the undersigned c suit, proceeding or inquiry at law or in equity pend wherein any unfavorable decision, ruling or fiindin Authority's ability to perform under this Agreement or transaction contemplated herein to which the Authorit} agreement, or instrument to which the "ficer of the Authority, there is no action, ng or threatened, affecting the Authority would materially adversely affect the mder any other instrument pertinent to the is a party. OF DEFAULT AND REMEDIES SECTION 7.01 Events of Default. The following shall constitute Events of Default hereunder and under each'of the instruments executed pursuant to this Agreement: A. Default by the Developer in the performance or observance of any covenant contained in this Agreement, any instrument executed pursuant to this Agreement, or under the terms of any other instrument delivered to the Authority in connection with this Agreement, including, without limitation, the falsity or breach of any representation, warranty or covenant; B. Material variance from the approved Development Plans and Specifications without prior written consent of the City with regard to any of the materials, machinery, or equipment acquired in connection with the Project or the appurtenances thereto, or any other material variance from the Development Plans and Specifications; C. Any representation, statement, certificate, schedule or report made or furnished to the Authority by the Developer with respect to the matters and transactions covered by this Agreement which proves to be false or erroneous in any material respect at the time of its making or any nvarranty of a continuing nature which ceases to be complied with in any material respect and the Developer fails to take or cause to be taken corrective measures satisfactory to the Authority within 30 days after written notice by the Authority; or D. The initiation of bankruptcy or receivership proceedings by or against the Developer and the pendency of such proceedings for 60 days. SECTION 7.02 Remedies. The Authority will provide the Developer with notice and 30 days opportunity to cure any Event of Default described in Section 7.01. Upon the Developer's failure to commence and diligently pursue the cure within such 30-day period, the Authority may, at its option, declare the Authority shall be entitled to proceed simultaneously or selectively and successively to enforce its rights tinder this Agreement and any of the instruments executed pursuant to the terms hereof, of any one or all of them. SECTION 7.03 Termination. A. In the event that the City unreasonably fails to appn Specifications, and, if any such default or failure shall not be cured written demand by the Developer, then this Agreement, or the.relev option of the Developer, be terminated by written notice thereof to Authority, nor the Developer shall have any further rights against or Agreement with respect to the terminated portion thereof. B. In the event that the De,, Specifications to the City, or the Developer I to the Authority, and, if any default or failure demand by the Authority, then this Agreene the Authority, be terminated by written niotic, the Developer shall have any further rights ai respect to the terminated portion (hereof fails the Development Plans and in 30 days after the date of portion thereof, may, at the Authority, and, neither the rilitv.to the others under this the Development Plans and in evidence of financing capacity satisfactory cured within 30 days after the date of written elevaiit portion thereof, may, at the option of the Developer, and, neither the Authority nor bility to the others tinder this Agreement with SECTION 7.O4 Completion by, the Authority. If an Event of Default occurs prior to the completion of constrticfion of the Project, the Authority shall have the right, but shall not be bound, to complete the Project according to the approved Development Plans and Specifications. In the event the Authority elects to so complete the Project, the execution of this Agreement shall be deemed to be an appointmetit lip the Developer of the Authority as its true and lawful attorney -in - fact with the fill power of substitution to complete, or cause to be completed, the Project in the Developer's name and shall empower the Authority as follows: A. To use any funds of the Developer in the manner called for by the Development Plans and Specifications; B. To make minor changes and corrections in the Development Plans and Specifications as shall be deemed necessary or desirable by the Authority; provided, however, that such changes do not increase project costs more than 5% determined on a cumulative basis; C. To employ such contractors, subcontractors, agents, and inspectors as shall be required; D. To pay, settle or compromise all existing bills and claims which are or may be liens against the property constituting a portion of the Project Site or any part thereof or may be necessary or desirable for completion of the work or obtaining clear title; E. To execute all applications and certificates in the Developer's name, which may be required by any contract relating to the Project; and F. To do any and every act with respect to the Project which the Developer may do on its own behalf. It is understood and agreed that this power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked. The Authority, as the Developer's attorney -in -fact, shall also have the power to prosecute and defend all actions or proceedings in connection with the Project and to take such action and require such performance as the Authority deems necessary. The cost of said completion, including an amount equal to 10% of such cost for the Authority's services in connection with such completion, shall be paid to the Authority by the Developer. SECTION 7.05 A. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonal?le control of the party such as but not limited to: default of other party; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts,of the public enemy; epidemics; quarantine restrictions; freight embargoes; invasion, lack of transportation; litigation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Authority and the Developer. SECTION 7.06 Non -liability of Officials. Employees, and Agents of the Authority. No official, employee or agent of the Authority shall be personally liable to the Developer, or any successor in interest, pursuant to the provisions of this Agreement, for any default or breach by the Authority. ARTICLE VIII MISCELLANEOUS SECTION 8.01 Authority's Obligations Limited. Nothing in this Agreement is intended to require or obligate nor shall anything herein be interpreted to require or obligate the Authority to provide, apply or make any payment or advance from any revenue or funds coming into its hands other than the funds derived from Increment District No. 8 and in the manner provided in this Agreement. SECTION 8.02 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested and addressed as set forth below or to such other address as the party concerned may substitute by written notice to the other. All notices shall be deemed received within three days (excluding Saturdays, Sundays and holidays recognized by national banking associations) after being mailed: To the Authority: To the Developer: SECTION 8.03 Amendment. This Agreei way, except by an instrument in writing executed by the Developer and the Authority. SECTION 8.04 Nor. to exercise and no delay in shall any single or partial e further right thereof. The re Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Authority Manager Robinson Business Park, LLC 2300 E 14 St, Suite 301 Tulsa, Oklahoma 74104 may not be amended or modified in any )th parties hereto and approved in writing nedies. No failure on the part of the Authority dander shall operate as a waiver thereof, nor of any right hereunder preclude any other or re cumulative and not alternative. SECTION 8.05 Assi nment; This Agreement shall not be assignable by the Developer without the prior written consent of the Authority. The rights and benefits under this Agreement may be assigned by the, Authority., SECTION 8.06 ApplicableLaw. This Agreement and the documents issued and executed hereunder shall be deemed 'to beia"contract made under the laws of the State of Oklahoma and shall not be construed to constitute `fhe Authority as a joint venturer with the Developer or to constitute a partnership among the parties. SECTION 8.07 Descriptive Headings. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not be used in the construction of the terms hereof. SECTION 8.08 Integrated Agreement, This Agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, warranties, or representations between the parties regarding the financing of the Project other than those set forth herein. SECTION 8.09 Time of Essence. Time is of the essence in the performance of this Agreement. SECTION 8.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives, and assigns. SECTION 8.11 Right to Defend, The Authority shall have the right, but not the obligation, with benefit of counsel selected by the Authority, all at the Developer's expense, to commence, appear in or defend any action or proceeding purporting to affect the rights or duties of the parties hereunder, and in connection therewith, if the Developer fails to so commence, appear in or defend any such action or proceeding, except in a suit between the Developer and the Authority, in which case the prevailing party shall be entitled to such fees and expenses as a part of any judgment obtained. SECTION 8.12 Trustees' Disclaimer. This instrument is executed by the Trustees or officers or both of the Authority in their official capacities as such Trustees or officers. By the execution hereof all parties agree that, for the payment of any claim or the performance of any obligations hereunder, resort shall be had solely to the specific assets of the Authority described herein and no Trustee or officer of the Authority shall be held personally liable therefore. In this regard, specific reference is made to Section 179 of the Public Trust Act and to the Trust Indenture dated as of the 10'1' day of January, 1973, pursuant to which the Authority was cleated, a copy of which is of record in the office of the Authority. SECTION 8.13 Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same Agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. SECTION 8.14 Construction of this Agreement. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. IN WITNESS WHEREOF, the Developer and the Authority have caused this Agreement to be duly executed this _ day of 2024. OWASSO PUBLIC WORKS AUTHORITY M Alvin Fruga, Chair ROB N BU LESS ;YrK, LLC'� By: -- Tracy Dean West, Aut ioirzeTMe-1n et• ACKNOWLEDGEMENTS STATE OF OKLAHOMA ) )SS: COUNTY OF `1'ULSA ) The foregoing instrument was acknowledged before me this day of 2024 by Alvin Fruga, Chair of the Owasso Public Works Authority, a public trust, on behalf of the Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. Notary Public Commission # Expiration Date (Notary Seal) STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this [ Z day of (. 2024, by Tracy Dean West, Robinson Business Park, LLC, on behalf of Robinson Business Park, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. q � �Notary Public `"11`tllrrrtrrr�r��� Cotmnission#'L3o1UUaG� oGLq Expiration Date 'TIZ Jf Z } (Notary Seal) �P.NOTnR'yF 023010006 c EXP.07/27/27. ?N'• F EXHIBIT 1 Location, Legal Description, and Map of the Project Site Address: Legal Description: A TRACT OF LAND THAT IS PART OF THE NORTHWEST QUARTER (NW/4) OF SECTION THIRTY- ONE (31), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW/4 OF SAID SECTION 31; THENCE SOUTH 01017'07" EAST ALONG THE EAST LINE THEREOF 530.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01017'07" EASTALONG SAID EAST LINE 971.80 FEET; THENCE SOUTH 89°01'51" WEST 1233.99 FEET; THENCE NORTH 00°39'59" WEST 1452.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST 76th STREET NORTH; THENCE NORTH 89000'44" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NW/4 OF SAID SECTION 31 A DISTANCE OF 348s67 FEET; THENCE SOUTH 00037,17" EAST AND DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE 367.43 FEET; THENCE NORTH 89000'44" EAST 541.01 FEET; THENCE NORTH 00037-17" WEST 382.43°FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF EAST 76th STREET NORTH; THENCE NORTH 89'00'44" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 80.00 FEET; THENCE SOUTH 00-3717" EAST AND DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE 198.00 FEET; THENCE'NORTH 89-00,44" EAST 180.71 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA AND SAN FRANCISCO RAILROAD; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOLLOWING A CURVE TO THE RIGHT HAVING A RADIUS OF 3236.52 FEET, AN ARC LENGTH OF 304.73 FEET, A CHORD BEARING OF SOUTH 10°26'20" EAST AND A CHORD LENGTH OF 304.61 FEET; THENCE NORTH 81052'53" EAST 21.72 FEET TO THE EAST LINE OF THE NW/4 OF SAID SECTION 31 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,524,534.7 SQ. FEET OR 35.00 ACRES. BEARINGS ARE BASED UPON THE OKLAHOMA STATE PLANE COORDINATE SYSTEM, (3501 OK N), NORTH AMERICAN DATUM 1983 (NA1583). TIF District Boundaries sd NE.0 P.gi.'PF4 Wmy. PFILCwnmuNM1 TO: The Honorable Chair and Trustees, Owasso Public Golf Authority (OPGA) FROM: Corey Burd, Director of Golf SUBJECT: Discussion for OPGA Rate Increase DATE: November 7, 2024 BACKGROUND: On August 17, 2021, the OPGA approved a modest rate increase after a significant investment of renovating the Bailey Ranch Golf Course greens to Ultra Tiff Bermuda grass. Rates had previously been relatively unchanged due to oversupply of golf courses for the demand. Post - pandemic and course renovation, rounds have increased by approximately 50%. Rates at Bailey Ranch Golf Course are average among all courses, but rank lower of all the comparable facilities. To increase and improve our financial responsibility, staff is proposing a rate increase to green fees and membership dues. The proposed increase is justified by the value of the course conditions and overall golf experience. This will also help offset the ever increasing rise in operating expenses. PROPOSED RATE INCREASE: GREEN FEES Regular 18 Holes Twilight after 3 m Super Twilight after 5 m Senior MEMBERSHIP Individual Week Da Mon.—Thur. Family MARKET SURVEY: EXISTING RATE 35 22 $17 18 EXISTING RATE $ 179 135 239 INCREASE $10 5 $5 $5 INCREASE $20 $20 $10 NEW RATE 45 $27 23 $23 NEW RATE 199 $155 249 COURSE GREEN FEES w/CART MEMBERSHIPS Senior weekday only Junior/cart Regular Adult weekday/weekend Weekday Single Family Bailey Ranch current 30 $15 / free 50 / 50 $T620 2148 2868 Bailey Ranch (proposed) 35 15 / free 60 / $60 1860 2388 $2988 Baffle Creek 40 $15.25 53/ 60 $2326 2656 3089 Forest Ride 79 79 / 109 5426 $8040 La Fortune 33 12 / $27 43 / Heritage Hills 32 20 / 32 40 / $45 1599 2074 $2779 Owasso Golf/Athletics - - 1 $2750 3400 3660 An item has been placed on the November work session agenda for discussion. S > November 2024 Sales & Use Tax Report 0..,P,R�P.5.R—EALC—un]W Total Monthly Sales Tax Comparison 54,500,000 54,0aa,000 $3,500,000 a3.000,000 a2,500,000 $2.000,000 51,500,000 $1.0agooD a500,00o i Jul Aug Sep Otl Nov Dec Jan Feb Mar Apr May Jun �utl 4.Wtlget -f LWYea Year -to -Date Sales Tax Total $50,000.000 _ s45,000,000 $40.000,000 135,000,000 a30,000,000 a25.00,000 $20,000,000 $15,000.000 s10,00a,000 $5.W0,000 s� Jul Aug Sep Od Nov pee Jan Fab Mar Apr May Jun �-Awv-«.8uhad City of Owasso Total Sales & Use Tax Report Budget to Actual Comparison November 8, 2024 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 2024-25 2024-25 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent $ 4.487,470 8.9% $ 4,262,937 8.4% $ 224,534 5.3% 4,379,220 8.7% 4,335,577 8.6% 43,643 1.0% 4,319,974 8.5% 4,075,489 8.1% 244,485 6.0% 4,339,831 8.6% 4,275,061 8.5% 64,770 1.5% 3,963,138 7.8% 4,116,863 8.1% (153,725) -3.7% $ 21,489,634 42.5% $ 21,065,927 41.6% $ 423,707 2.0% City of Owasso Total Monthly Sales Tax Revenues Last Five Fiscal Years 2024-2025 2023-2024 2022-2023 2021-2022 2020-2021 2019-2020 Jul $ 4,030,577 $ 3,809,901 $ 3,859,805 $ 3,440,377 $ 3,464,240 $ 3,005,671 Aug 3,935.340 3,892,331 3,888,306 3,558,829 3,386,133 2,968,434 Sep 3,813,881 3,629,534 3,743,687 3,522,962 3,227,732 2,969,838 Oct 3,869,565 3,839,191 3,767,889 3,653,860 3,093,584 3,067,281 Nov 3,512,031 3,686,934 3,750,140 3,443,276 3,162,417 2,855,219 Dec - 3,777,373 3,854,603 3,538,043 3,214,507 3,105,262 Jan - 4,107,128 4,145,010 3,890,744 3,466,684 3,399,527 Feb - 4,109,253 4,055,635 4,033,475 3,406,382 3,294,059 Mar - 3,270,677 3,334,731 2,990,573 2,987,980 2,677,677 Apr - 3,636,407 3,659,838 3,491,187 2,803,716 2.845,063 May - 3,934,149 4,018,971 3,726,630 3,596,560 2,953,020 Jun - 3.650.844 3,797,070 3,678,903 3,714.051 2.907,154 $ 19,161,394 $ 45,343,723 $ 45,8 55,686 $ 42,968,861 $ 39,523,987 $ 36,048,205 City of Owasso Total Sales Tax Report Budget to Actual Comparison November 8, 2024 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 2024-2025 2024-2025 Actual Collections Budget Projections Amount Percent Amount Percent Over (Under) Projection Amount Percent $ 4,030,577 8.9% $ 3,809,901 8.5% $ 220,677 5.8% 3,935,340 8.7% 3,892,251 8.6% 43,089 1.1% 3.813,881 8.5% 3,629,534 8.1% 184,346 5.1% 3,869,565 8.6% 3,839,191 8.5% 30,374 0.8% 3,512,031 7.8% 3,686,705 8.2% (174,674) -4.7% $ 19,161,394 42.5% $ 18,857,581 41.9% $ 303,812 1.6% City of Owasso Total Sales Tax Report Two Year Comparison November 8, 2024 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2024-2025 2023-2024 Increase or (Decrease,' Percent Percent Amount of Budget Amount of Actual Amount Percent $ 4,030,577 8.9% $ 3,809,901 8.5% $ 220,677 5.8% 3,935,340 8.7% 3,892,331 8.7% 43,009 1.1% 3,813,881 8.5% 3,629.534 8.1% 184,346 5.1% 3,869,565 8.6% 3.839,191 8.5% 30,374 0.8% 3,512,031 7.8% 3,686,934 8.2% (174,904) -4.7% Totals $ 19,161,394 42.5% $ 18,857,891 42.0% $ 303,502 1.6% Fiscal Year 2025 Sales Tax Budget is $45.055 million; Fiscal Year 2024 Sales Tax Budget was $44.902 million. City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2024-2025 2023-2024 2022-2023 2021-2022 2020-2021 2019-2020 Jul $ 456,893 $ 485,519 $ 401,124 $ 326,380 $ 320,463 $ 224,427 Aug 443,880 418,758 363,566 404,700 308,877 213,728 Sep 506,093 450,327 425,319 318,417 319,035 258,541 Oct 470,266 418,556 357,484 392,609 322,295 211,009 Nov 451,108 406,494 406,252 339,020 325,866 212,040 Dec 477,825 422,765 368,226 353,105 226,537 Jan 572,582 478,272 487,449 406,969 280,550 Feb 613,597 574,438 509,782 493,847 404,153 Mar 411,558 378,203 330,651 291,099 187,882 Apr 399,253 440,597 310,281 286,867 233,275 May 468,542 505,331 390,745 439,483 257,842 Jun 439,205 415,151 348.589 316,929 321,127 $ 2,328,240 $ 5,562,214 $ 5,168,503 $ 4,526,849 $ 4,184,835 $ 3,031,109 Fiscal Year 2025 Use Tax Budget is $5.5 million City of Owasso Total Use Tax Report Two Year Comparison November 8, 2024 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 2024-2025 2023-2024 Increase or (Decrease) Percent Percent Percent Amount of Budget Amount of Actual Amount of Actual $ 456,893 8.3% $ 485,519 9.6% $ (28,626) -5.9% 443,880 8.0% 418,758 8.3% 25,122 6.0% 506,093 9.1% 450,327 8.9% 55,767 12.4% 470.266 8.5% 418,556 8.3% 51,710 12.4% 451,108 8.2% 406.494 8.0% 44,614 11.0% $ 2,328,240 42.1% $ 2,179,653 43.1% $ 148,587 6.8%