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HomeMy WebLinkAbout2025.07.08_Work Session AgendaThis meeting is a worksession for Council/Trustee discussion only. There is no opportunity for public comments of 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, July 8, 2025 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. RECEIVED /_[e-f: I ZTf71 1. Call to Order - Mayor/Chair Alvin Fruga 2. Roil Call 3. Discussion relating to Owasso Animal Shelter operations - Chris Garrett JUL 0 2 2025 YZ City Clerk's Office 4. Discussion relating to a request for a final plat for Mercy Regional EMS, a proposed commercial subdivision consisting of approximately 2.49 acres, zoned Commercial Shopping, located at 11428 North 1291h East Avenue Alexa Beemer 5. Discussion relating to a request to rezone approximately 1.019 acres located at 405 West 2nd Avenue from Commercial General to Industrial Light, as referenced in application OZ 25-04 Alexa Beemer 6. Discussion relating to a request for a Planned Unit Development (PUD) for Tulsa City County Library and Library Lofts, a mixed -use development consisting of approximately 1.83 acres, zoned Downtown Mixed and Public Facilities, located at 103 West Broadway Street, and to rezone the property to Downtown Mixed, as referenced in applications OPUD 25-01 and OZ 25-01 Wendy Kramer 7. Discussion relating to a request to close right-of-way (alleyway) located within Block 14 of the Original Town of Owasso plat, and in conjunction with application OPUD 25-01 located at 103 West Broadway Street Wendy Kramer 8. Discussion relating to an application for Assistance in Development Financing in the Owasso Redbud District and Tax Increment District No. 1, for a proposed mixed -use development located at 103 West Broadway, and a proposed Joint Resolution to share the cost of relocating a sanitary sewer line Carly Novozinsky 9. Discussion relating to the monthly Sales and Use Tax Report and Revenue Outlook -Carly Novozinsky 10. City/Authority Manager report 11. City Councilor/Trustee comments and inquiries 12. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2024, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm n Ve ne5sdl fa� JuJ,j 2, 20 5 Ju_FGThh M. Stevens, Cityef6rk The City of Owasso encourages citizen participation. To request an a(Y'commodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918-376-1502 or by email to istevens@citvofowasso.com TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Final Plat - Mercy Regional EMS DATE: July 3, 2025 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for Mercy Regional EMS, a proposed commercial subdivision. The subject property is located at 11428 North 129th East Avenue. SUBJECT PROPERTY/PROJECT DATA: Property Size 2.49 acres +/- Current Zoning Commercial Shopping (CS) Present Use Vacant Proposed Use Commercial Lots/Blocks 1 Lot/1 Block Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Sewer Payback Area $610.33 er acre ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 1208 in 2023. • This is a one (1) lot, one (1) block final plat for a commercial (ambulatory health care) development. o The proposed lot as depicted on this plat meets 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 July 7, 2025. • There will be two (2) points of access for this subdivision, both off of North 129th East Avenue. o The two proposed access points appear to meet the separation requirements outlined in Chapter 11 of the Owasso Zoning Code. • Detention and drainage for the subject property will be provided for via a seventy-five (75) foot drainage easement along the western boundary of the property. • 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, and sanitary sewer services to the property. Washington County Rural Water District #3 will provide water services. Preliminary/Final Plat- Mercy Regional EMS Page 2 • 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 Commercial Commercial City of Owasso South Agriculture Residential Residential Transitional Tulsa County (AG-R) East Agriculture (AG) Residential Transitional Tulsa County West Agriculture Residential Vacant Commercial Tulsa County (AG-R) PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on July 7, 2025. ATTACHMENTS: Aerial Map Final Plat - Mercy Regional EMS �ry .. 'Ell 1i:7 �i/ .r� �"� it lifer`• _' I- ry •p7 FA �'? I AN,k — tom` 5 V' J IIj C J. 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Sig 32 kt�9. tk $. 1� '° z48Jill $€k € s?k in€e!3 sgF� Fa yy �,s i• ° ? �•{ ,s•i Y�}pe ayl.aos 4`{y� deg i ,}'�i';#i,•i°E.6 i$: p� ` jjEY _ }4¢ �E$9} tjgg" �} sgtnek�$o },c, } }lx Y $ixgaa{!.-}li! ? ex F ii €� x} ## � ai` i;�° 5` s g y$ e5b tk isi ?�Y 'l ; is ,°§el6r Mall a d a el c1 s Fs a 41 g`1 E„E 13}pp z al lie !a Y� qq -aqq Ea€!ipl;appgiat :1 `a y :+ ;! s6 &ikFif} } :�}n Y ! n}I Yle 1 Ea�F€i3iia8j�i � �s§a F si1If TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Rezoning (OZ 25-04) - 405 West 2nd Avenue DATE: July 3, 2025 BACKGROUND: The Community Development Department received a request for the rezoning of property located at 405 West 2nd Avenue. The subject property is approximately 1.019 acres in size and is currently zoned Commercial General (CG). The applicant is requesting a rezoning to Industrial Light (IL). SUBJECT PROPERTY/PROJECT DATA: Property Size 1.019 acres +/- Current Zoning Commercial General CG Proposed Zoning Industrial Li ht IL Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks/Fees (Assessed at Platting) Storm Siren Fee ($50,00 per acre) Ranch Creek Interceptor Sewer Payback Area $610.33 per acre ANALYSIS: • The applicant is seeking a rezoning in order to accommodate an existing Support Activities for Transportation (aircraft maintenance and repair) use on the property. o Said use does require a Specific Use Permit (SUP) within the IL zoning district. The applicant has indicated that they intend to submit for an SUP in the near future, pending this rezoning request. • The subject property was annexed into Owasso City Limits in 2002 under Ordinance 716. o Subject property represents a portion of a larger 5-acre lot. Only the subject 1.019 acres of said larger lot has been annexed into the corporate limits of Owasso; the northern portion of the larger lot remains within Unincorporated Tulsa County. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future "Commercial" uses. o The IL zoning designation is possible within a "Commercial' area on the Plan, with the following certain caveats: • No traffic may pass through residential areas to access the site. • Care should be taken to provide attractive architecture/facades. • Storage of all outdoor materials must be completely screened with an opaque screening fence at the rear of the property. o During the SUP process, the fagade materials and required fencing can be addressed. The property is also surrounded by other industrial uses,. and is not adjacent to any existing residential developments. As such, assigning a zoning of IL to the subject property is consistent with the long-range vision for the property laid out in the Master Plan. OZ 25-04 Page 2 Per the Owasso Zoning Code, the minimum lot width required for IL -zoned properties is one hundred and fifty feet (150') and the subject property is approximately one hundred and forty- eight feet (148' ). A minor variance was granted via the Community Development Department, in order to allow for a two -foot (2') reduction in required minimum lot width, on June 30, 2025. Therefore, the property would be considered conforming with regard to the bulk and area standards specified in the Owasso Zoning Code for IL -zoned property. • The property is currently unplatted. The property will be required to be platted prior to the issuance of any building permits regarding new construction on the property. 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 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 Agriculture (AG) Vehicular Industrial/Regional Tulsa County Storage Employment South Industrial Light (IL) Vacant Industrial/Regional City of Owasso Employment East Industrial Light (IL) Vacant Industrial/Regional City of Owasso Employment West Public Facilities (PF) Vacant Parks/Recreation City of Owasso PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on July 7, 2025. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit 4 '. tit �., _ l • .. •:' - yr . x,i '`' � �t \ � �'� GvJ; ^ e • p ^per -- SUBJECT TRACT �4 _ It NW h ry � rNfTj�jt' ; s ,, �Y �Lh • r,] Lr'J4uL�,�l� Of Al C•J- f• ae %� 4 yam♦ 3 N tr/. d .. •':�': r.X ���. dab ::-'S Note: Graphic overlays may not precisely align with physical ®Subject 0 100 200 400 featuresoOZ 25-04 I t 1 t 1 30 21-14 AerrialialPhoto Date: 2023 Feet Z Re 0 s N � O C LA :6 N G N 00 L L PLAT OF SURVEY OF A PART OF THE SW/4 SECTION 30, T-21 -N, R-1 4-E TULSA COUNTY, OKLAHOMA S Q IP R/W IRONPINI RIGHT OF WAY J'i �,P. S 0 100 200 400 PUS POINT OF BEGINNING • FOUND 3/8' IP W/ CAP \I\ STAMPED LS 1289 ' 1 ` FOUND HAG NAIL W/ WASHER STAMPED O FOUND 3/8-IP W/ CAP I I PLS 1989 IN CONCRETE BASE OF 3" STAMPED PLS 1989 GALVANIZED STEEL FENCE CORNER POST AC CONC PAR ENCROACHES 2Y CCRNUOAIEO STEEL BNLOWG LH AIN UNN FENCE ENCROACHES 83' FOUND 3/8- IP 65' OFFSET I �I 0 O V ,Q OHO FI R �il°Ng P q o� ` gIm AMENDEDiQPEK AND AiCH150 ANTA FE I+ CITY OF OWASSO ATION LINE ORDINANCE ORDINANCE NO. BK 6825 PC 1221 50.169400 LESS AND EXCEPT LINE 00K LESS PAGE $� FOUND 50OFFSET SW OR. LOT I 16.5 STATUTORY R/W -----=� POB SW CDR N 89'59'14' W AMENDED PLAT OF ATCHISON, 148.00' TOPEKA AND SANTA FE E 76TH ST. N. SURVEYOR'S STATEMENT I, JAMES COLT LARIMORE, A REGISTERED PROFESSIONAL SURVEYOR IN THE STATE OF OKLAHOMA HEREBY CERTIFY THAT THE ABOVE PLAT REPRESENTS A BOUNDARY SURVEY. THE ABOVE PLAT REFLECTS ALL INSTRUMENTS THAT HAVE BEEN DISCLOSED AND FURNISHED AT THE TIME OF SURVEY. NO OPINION IS VERSED AS TO THE OWNERSHIP OF FENCES OR ANY OTHER APPURTENANCES ON SAID PROPERTY. THIS PLAT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED BY THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. NOTES 1. THIS LEGAL DESCRIPTION WAS PROVIDED BY CLIENT, FILED IN THE RECORDS OF THE TULSA COUNTY CLERKS OFFICE. 2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENCUMBRANCES OF RECORD. NO ATTEMPT TO RESEARCH THE BY. COUNTY RECORDS OR OTHER RECORD OFFICES WAS PERFORMED pMES COLT LARIMORERL1 BY THIS FIRM. THEREFORE EASEMENTS MAY AFFECT M, S E X 989 SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS PLAT. MAY 28 2025 3. ALL UNDERGROUND UTILITIES MAY NOT BE SHOWN, DATE OF CERTIFICATION 4. THE BEARING BASE FOR THIS SURVEY IS AN ASSUMED BEARING SE OF S 00'07'56' E ALONG THE WEST LINE OF THE AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA FE. 11— `a 1— I n Of S. PROPERTY HAS ACCESS VA E. 76TH ST. N. 6. NO BUILDING ENCROACHMENTS WERE OBSERVED. A/C EQUIPMENT AND CONTAINMENT FENCE ENCROACH AS SHOWN, JAMES COLT IARIMORE No. 1989 0, 0. d- t5e V TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Planned Unit Development (OPUD 25-01) & Rezoning (OZ 25-01) - Tulsa City County Library (TCCL) and Library Lofts DATE: July 3, 2025 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application for TCCL and Library Lofts, a proposed mixed -use development located at 103 West Broadway Street. The subject property is approximately 1.83 acres in size and is current zoned Downtown Mixed (DM) and Public Facilities (PF) within the Downtown Overlay District. A separate rezoning request (OZ 25-01) has been concurrently filed with this PUD request, requesting that the property be rezoned to DM on the whole property. SUBJECT PROPERTY/PROJECT DATA: Property Size 1.83 acres +/- Current Zoning Downtown Mixed DM & Public Facilities PF Proposed Zoning Downtown Mixed DM Present Use Library and Li rary Storage Building Land Use Master Plan Redbud District & Public/Institutional Within a Planned Unit Development (PUD)? No Within an Overlay District? Yes; Downtown Overlay District Water Provider City of Owasso Applicable Paybacks/Fees Assessed at Permitting) N/A (previously platted) 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. o 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. 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. OPUD 25-01 /OZ 25-O T Page 2 • The GrOwasso 2035 Land Use Master Plan identifies the property for future Redbud District and Public/Institutional uses. As such, the proposed mixed -use development aligns with the vision outlined for this location. ANALYSIS: • The subject property is a part of the original townsite of Owasso, and is currently zoned Downtown Mixed (DM) and Public Facilities (PF), within the Downtown Overlay District. • The conceptual development plan submitted for OPUD 25-01 states that the applicant intends to construct a mixed -use building, which will be comprised of a new library on the ground floor of the building, while the remaining three (3) floors above will contain apartment units. o This project will be developed through a public -private partnership. o The applicant intends to construct fifty-nine (59) apartment units within the upper three (3) floors of the building, which will yield a total gross density for the development of 32.24 dwelling units per acre (DU/AC). There is no limit for DU/AC within the DM zoning district or the Downtown Overlay District. • Per Section 10.12.17 of the Owasso Zoning Code, a PUD overlay is required for all multi -family developments in excess of six (6) dwelling units within the Downtown Overlay District. • In order to accommodate the proposed use and to meet the intent as outlined in this PUD, the applicant is requesting that the property be assigned a zoning designation of DM for the entire property through concurrent rezoning quest OZ 25-01. • This item is related to the Right -of -Way closure request for Block 14, Owasso Original Town; said request will be heard by City Council in July 2025. Closure of this right-of-way and the relocation of underground utilities will allow for the proposed building location shown in the OPUD 25-01 document. • The PUD document also proposes the following adjustments from landscaping code requirements: o In regard to parking islands, a reduction in minimum width from 9' (by base code) to 7' and a reduction in minimum square area of 150 square feet to 120 square feet. o A reduction in the minimum width of street yards from 10' (by base code) to 5'. o Building yard requirements shall be allowed to be distributed throughout the site and not specific to one fagade or another. o Street trees shall be allowed to be placed in the City right-of-way when it is impossible to provide them on private property and shall be maintained through a maintenance agreement that will be crafted between the City and the property owner. • The conceptual development plan shows plantings and landscaping throughout the site which will be finalized at the site planning stage. All plantings and screening requirements must adhere to the Owasso Zoning Code, except for the proposed adjustments from the OPUD 25- 01 document as previously mentioned. • The OPUD 25-01 document lists several amenity features for the development, including a rooftop pickleball court, rooftop seating area with outdoor kitchen, child play area, tables, benches and courtyard. • Three points of access are depicted on the conceptual development plan, one off of West 1st Street, one off of North Atlanta Street, and one off of West Broadway Street. No driveways will be connected directly to North Main Street. The PUD document does allow for some flexibility in the final parking configuration and access locations. The exact locations of these will be finalized at the site planning stage. OPUD 25-01/OZ 25-01 Page 3 o The property will also feature a drop-off area alongside the west side of the building for library book returns and passenger drop-offs. • 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 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 Downtown Mixed (DM) Religious Institution / Residential Redbud District City of Owasso South Downtown Mixed (DM) Auto Repair / Commercial Redbud District City of Owasso East Public Facilities (PF) / City Park / Redbud District / City of Owasso Downtown Mixed (DM) Commercial Public/Institutional West Downtown Mixed (DM) / Dental Office/ Residential City of Owasso Residential Multi -Family (RM) Residential PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on July 7, 2025. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map PUD Document i [4�Gu 7 CQu 7 'IJT -- a �F~ f,7- �I D SUBJECT TRACT � •r r� I AA _ I 5 4 x ♦♦l .. t uU k Note: Graphic align withp may + - N notp : Graphico overlays hphyslcal Subject OPUD 25-01 0 goo zoo aoo r\/Y�jTY\/' features on the ground. ® Tract I 1 I 1 I 30 21-14 Aerial Photo Date: 2g23 OZ 25-01 Feet 0 51 •/l mo 1i/��� o fF �OS f" � �� o � - Ai Tulsa City County Library (TCCL) and Library Lofts 103 West BroadwayStreet Owasso, OK 74055 OZ 25-01, OPUD 25-01 June 23, 2025 Design and Development Guidelines Planned Unit Development Submitted to: The City of Owasso, Oklahoma TheOityWit out Limits. Prepared by: Wallace Wallace rgn c.11..tW pc l tr iCWfa avil Ild ap- eUrvc design ur nln 'kl"Jr n :riri collective 4" 99534 a..8 6-D3,,4 5358 wa0cv�e c)•3s19n On Behalf of: Architect Architect Developer Sikes Abernothie KKT Architects West Construction Architects 2200 South Utica West Construction, Inc 815 E. 3rd St., Suite C Place, Suite 200 2300 E 141h St. Tulsa, OK 74120 Tulsa, Oklahoma 74114 Tulsa 74104 Property Owner Tulsa City County Library 400 Civic Center Tulsa, OK 74103 TABLE OF CONTENTS I. LEGAL DESCRIPTION.................................................................................................................2 II. BACKGROUND AND SUMMARY..............................................................................................2 III. DEVELOPMENT CONCEPT.........................................................................................................3 IV. DEVELOPMENT STANDARDS.....................................................................................................3 V. BUILDING FACADES AND EXTERIOR MATERIALS...................................................................4 VI. ACCESS AND TRAFFIC CIRCULATION.....................................................................................4 VII. PARKING.....................................................................................................................................4 VIII. LANDSCAPE, SCREENING, AND OPEN SPACE.......................................................................5 IX. TOPOGRAPHY, UTILITIES, AND DRAINAGE.............................................................................6 X. EXISTING ZONING AND LAND USE..........................................................................................6 XI. SITE PLAN REVIEW......................................................................................................................6 XII. SCHEDULE OF DEVELOPMENT..................................................................................................7 XIII. APPLICABLE STANDARDS..........................................................................................................7 XIV. SIGNAGE...............................................................................................................................x XV. PROPERTY MANAGEMENT STRUCTURE................................................................................ X XVI. EXHIBITS.................................................................................................................................7 EXHIBITA - LOCATION MAP........................................................................................................... 8 EXHIBIT B - AERIAL IMAGE............................................................................................................... 9 EXHIBIT C - EXISTING ZONING MAP............................................................................................10 EXHIBIT D - PROPOSED ZONING MAP..................................................................................11 EXHIBIT E - LAND USE PLAN..........................................................................................................12 EXHIBIT F-TOPOGRAPHY.............................................................................................................13 EXHIBITG - SOILS.............................................................................................................................14 EXHIBIT H - SITE SURVEY................................................................................................................. 15 EXHIBIT I - CONCEPTUAL UTILITIES PLAN............................................................................16 EXHIBIT J - CONCEPTUAL SITE PLAN...........................................................................................17 EXHIBIT K- BUILDING ELEVATIONS AND PERSPECTIVE IMAGES...........................................18 I. LEGAL DESCRIPTION The entirety of this property consists of 1.83 gross acres located at 103 West Broadway in the Original Town of Owasso, Oklahoma. The property is more particularly described as: A TRACT OF LAND LYING IN LOTS ONE, TWO, THREE, FIVE, SIX, SEVEN, EIGHT, NINE, TEN AND ELEVEN (1, 2, 3, 5, 6, 7, 8, 9, 10, 11), BLOCK FOURTEEN (14), ORIGINAL TOWN OF OWASSO, SECTIONTHIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EASTOFTHE INDIAN BASE AND MERIDIAN (I.B.&M.), TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK FOURTEEN (14); THENCE SO1008'09"E ALONG THE EAST LINE OF SAID BLOCK FOURTEEN (14) FOR A DISTANCE OF300.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK FOURTEEN (14); THENCE S88051'51"W ALONG THE SOUTH LINE OF SAID BLOCK FOURTEEN (14) FOR A DISTANCE OF300.00 FEET TO THE SOUTHWEST CORNER OF BLOCK FOURTEEN (14); THENCE N01'08'09"W FOR A DISTANCE OF 160.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4) OF SAID BLOCK FOURTEEN (14); THENCE N88051'51"E ALONG THE SOUTH LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 75.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT FOUR (4); THENCE N01008'09"W ALONG THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF140.00 FEET TO THE NORTHEAST CORNER OF SAID LOT FOUR (4); THENCE N88151'51"E ALONG THE NORTH LINE OF BLOCK FOURTEEN (14) FOR A DISTANCE OF 225.00 FEET TO THE POINT OF BEGINNING (P.O.B.) SAID TRACT CONTAINING 1.83 ACRES.. IL BACKGROUND AND SUMMARY The subject property, owned entirely by the Tulsa County LibrarySystem, is currently zoned PF (Public Facilities) and DM (Downtown Mixed) within the Downtown Overlay. Additionally, the site lies within the Redbud District as noted in the 2035 GrOwasso Land Use Master Plan. This location has served as the home of Owasso's Tulsa County Library for many years. The property comprises several tracts, all under Tulsa County ownership, and includes a large vacant building immediately north of the library, used by the County for storage. The property is platted within the Owasso Original Town, Cherokee Nation Indian Territory plat, and is situated at the historic intersection of Main Street and Broadway, the original center of the community. The property is further bounded by portions of Atlanta Street and West lst Street. Across the street to the northeast of the property lies Redbud Park, which houses a canopy and pavilion for farmers markets, art shows, outdoor concerts, and other events. The proposed project will encompass nearly the entire block, excluding a 0.24-acre tract at the southeast corner of West lst Street and Atlanta (Lot 4, Block 14). To facilitate the development, the lots within the project area will be combined into a single contiguous lot, under a new deed which will be recorded in Tulsa County. Additionally, the project requires the closure and vacation of an existing alley. The closure process will be handled through the City of Owasso, with subsequent vacation processed through the District June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines Court.. All existing structures on the site shall be razed prior to the construction of the new facility. Ill. DEVELOPMENT CONCEPT The property where the TCCL and Library Lofts will be constructed comprises a total of 1.83 acres. The project will be developed as a public -private partnership, featuring a mixed -use, four-story building. The ground floor will house the 21,163 SF library space, while the upper three floors will consist of 59 apartment units. Additionally, a designated book drop-off area will be located on the west side of the building. Because of the unique mix of uses, the proposed zoning is Downtown Mixed (DM) with a PUD overlay. This zoning will allow the mix of public and multi -family uses on the some property and within the same building. The proposed uses within this PUD reinforce the Owasso Land Use Plan's Redbud District and Downtown Plan. The Conceptual Site Plan for TCCL and Library Lofts is attached hereto as Exhibit " J". This PUD document shall govern the development of this property. IV. DEVELOPMENT STANDARDS Table 1 - Development Summary Zoning DM (PUD) Total Development Area 1.83 Acres/79,714.8 SF Max Number of Lots 1 lot (combined) Square Footage by Use Library: 21,200 SF, Multi -Family: 66,800 SF Type (approx.) Total: 87,900 SF Total Multi -Family Units 59 Gross Density 32.24 DU/Acre Open Space 17,135 SF (±20% of Development Area) Those allowed by right in the DM and RM zoning districts, including public libraries, playgrounds, Permitted Uses recreational amenities, courtyards, offices, and incidental accessory uses thereto. The Downtown Overlay shall also govern the uses. Other Bulk and Area As per the Owasso Zoning Code, as amended from time to time. Maximum Building 4 stories (65 feet finished grade to top plate) Height Setbacks 0' June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 3 CMU blocks, glass; and fiber cement panels to Building Fagade provide a stucco and wood appearance. Decorative materials or architectural metal permitted up to a maximum of 10% of any wall face. Signage As per the Owasso Zoning Code, as amended from time to time. Parking 64 off-street spaces, 52 on -street, total of 116 (see Section VII for details [Site As per the Owasso Zoning Code, as amended from time to time. V. BUILDING FACADES AND EXTERIOR MATERIALS Architectural features will conform with the standards of the Downtown Overlay with a mixture of split -faced CMU block, glass, and pre -finished fiber cement panels with stucco and wood appearance. Architectural metal may be used up to 10% of any building fagade. The overall look and design of the structure will serve to enhance the Original Town area, serving as an iconic structure anchoring the north end of the Redbud District. VI. ACCESS AND TRAFFIC CIRCULATION The development currently shows three access points: one from West 1st Street, one from North Atlanta Street, and one from West Broadway Street. No driveways will connect directly to North Main Street. The PUD will permit some flexibility in the final parking configuration and access locations. Final access points and parking will be determined during the site plan review process. The library will feature a drop-off area on the west side of the building for book returns and passenger drop-offs. Sidewalks will be installed along the perimeter of the property adjacent to public streets, with internal pedestrian pathways to ensure the facility is easily navigable and pedestrian -friendly, VII. PARKING A total of 116 parking spaces will be provided for the development, with 64 being off- street and 52 being on -street. At the time of this narrative, the Owasso Zoning Code requires one (1) parking space for every 500 SF of library space. For multi -family units, the Downtown Overlay requires a minimum of one (1 ) off-street space for each unit. Parking calculations are provided in Table 2. On -street parking shall be public. June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 4 Table 2 - Parking Calculations Use Requirement Measure Min -Required Library 1 Space / 500 SF 21,163 SF 43 spaces Multi -Family 1 Space Per Dwelling Unit (per Downtown Overlay Sec. 10.12.16) 59 59 Total Required Parking 102 Total provided parking per Site Plan (64 off-street, 52 on -street) Note: On -street barking shall be public. 116 Vill. LANDSCAPE, SCREENING, AND OPEN SPACE Landscaping shall be provided as per the requirements of the City of Owasso's Zoning Code, as amended from time to time. For the development, a high -quality planting pallet shall be provided with seasonal color, shade, and ample evergreen plants to provide year-round interest. However, due to the required parking and geometry of the site, the following adjustments shall be allowed for landscaping. • Parking islands may be 7' in width and a minimum of 120 square feet in area. Appropriate tree species that can thrive in this space shall be provided in said islands. • Street yards shall be reduced to 5' instead of the 10' required by the code • Building yard requirements shall be allowed to be distributed throughout the site and not specific to one facade or another. • Street trees shall be allowed to be placed in the City right-of-way when it is impossible to provide them on private property. A maintenance agreement shall be crafted between the City and the property owner for the long-term care and maintenance of said trees. Tree species shall consist of those that are suitable for an urban setting and provide shade. All rooftop and exterior HVAC equipment, dumpsters, and loading areas shall be screened per the requirements of the Owasso Zoning Code, as amended from time to time. Amenity features shall be provided to the benefit of fhe residents, and library patrons may include any of the following: • Rooftop Pickleball Court • Rooftop Seating area with Outdoor Kitchen June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 5 • Child Play Area • Tables • Benches • Courtyard IX. TOPOGRAPHY, UTILITIES, AND DRAINAGE The site is currently developed with the existing Tulsa City County Library (TCCL) and a large storage building, both owned by TCCL. Public utilities are readily available to the property; however, a public sanitary sewer and water line relocation/extension will be required along Broadway between Main and Atlanta. A public sanitary sewer line, public water line, and alley will need to be abandoned and closed as they conflict with the proposed location of the new structure. Should any off -site easements become necessary, they will be acquired through separate instruments. Due to the site's location in the lower elevations of Owasso, on -site stormwater detention is not expected to be required. Stormwater will be managed via underground and overland drainage systems. Since the property does not lie within a floodplain, a floodplain development permit will not be necessary. The site's soil composition is predominantly classified as "Dennis Silt Loam", which is somewhat poorly drained, with slopes ranging from 0% to 8%. A topographic survey of the property indicates actual slopes between 1.5% and 5%. Electric, cable, and gas utilities are readily accessible, and services are generally available. Water and sanitary sewer services will be provided by the City of Owasso. Existing private utility lines on the property will need to be re-routed to accommodate the new structures. Exhibit H, Survey, shows the existing utilities on the property and Exhibit I, Conceptual Utilities Plan, shows proposed utilities and connection points. Ultimate utility locations will be finalized pending final review and approval of the civil drawings through the City of Owasso's Engineering division. X. EXISTING ZONING AND LAND USE The existing zoning for the property is Public Facilities (PF) and Downtown Mixed (DM) . According to the 2035 GrOwasso Land Use Plan, this area is part of the Redbud District, which encompasses much of Owasso's Original Town. The Redbud District is envisioned as a hub for mixed -use development, higher -density housing, and pedestrian -scale design. The proposed development aligns with these goals, supporting the vision outlined for the district. To facilitate this project, the Applicant has submitted OPUD 25- 01 and OZ 25-01 to rezone the entire property to DM, which is the preferred zoning for the Redbud District. XI. SITE PLAN A final site plan will be submitted to the Community Development Department for June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 6 review and approval. The site is already platted, so no revised or amended plat will be prepared as there are adequate and available utilities surrounding and adjacent to the site. Should there be a need for a public easement, it shall be filed by a separate instrument. Bicycle racks shall be provided on the site at a convenient location for both library patrons and apartment tenants. All building and ground signs shall require separate permits. XII. SCHEDULE OF DEVELOPMENT After the PUD, site, and engineering plans have been completed and approved, initial construction is anticipated to commence in Fall 2025. XIII. APPLICABLE STANDARDS In addition to the standards set forth by this PUD, the development on the site will follow all applicable standards of the Downtown Overlay zoning district and the ordinances of the City of City Owasso, XIV. SIGNAGE All signage as part of the project shall be handled by a separate permit and shall meet the requirements for the Downtown Overlay Zoning. XV. PROPERTY MANAGEMENT STRUCTURE A condominium association will be established for Owasso Library Lofts, covering Lots 1- 3 and 5-11, Block 14 of the Original Town of Owasso. The association's purpose is to manage, maintain, and care for the common elements and units as outlined in the Declaration and in compliance with Oklahoma law and IRS regulations for association property. The bylaws authorize the corporation to perform typical HOA functions, including maintenance, property management, legal compliance, and the general promotion of residents' welfare. All property users will be subject to the association's rules. The bylaws and structure are nearly finalized and will be signed once a few remaining details are resolved. June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines XVI. EXHIBITS EXHIBIT A - LOCATION MAP EXHIBIT B - AERIAL IMAGE EXHIBIT C - EXISTING ZONING MAP EXHIBIT D - PROPOSED ZONING MAP EXHIBIT E - LAND USE PLAN EXHIBIT F-TOPOGRAPHY EXHIBIT G - SOILS EXHIBIT H -SITE SURVEY EXHIBIT I - CONCEPTUAL UTILITIES PLAN EXHIBIT J - CONCEPTUAL SITE PLAN EXHIBIT K - BUILDING ELEVATIONS AND PERSPECTIVE IMAGES June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 8 0 0 cD z EXHIBIT A - LOCATION MAP TULSA COUNTY OKLAHOMA R 14 E E. 86th ST. N. E. 76th ST. N. SECTION 30 LOCATION MAP SCALE: 1'=2000' rn T = 21 ui N June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 9 EXHIBIT B - AERIAL IMAGE �\�\, "Pow- j June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 10 W 2ND ST EXHIBIT C - EXISTING ZONING MAP _-mj. f 1W 2ND ST z ORIGINAL TOWN. I Z 4V 1 ST ST SITE ,I�r= ,,. W BROADWAY ST OR Ln 2• E E.BROADWAY ST Lill a June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines EXHIBIT D - PROPOSED ZONING 3 June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 12 EXHIBIT E - LAND USE PLAN ♦� r � r • y SITE . Jill �• J Land Use Categories r li Parks/Recreation IIIIII� Publi41nstitutional �i I Residential r IL , Transitional r Neighborhood Mixed Redbud District (see note below) Neighborhood Commercial— ililii� Commercial I� Industrial/Regional Employment ® US-169 Overlay (see note to left) 3 a Redbud District _ x The Redbud District (also known as the Downtown - =3 Development District] Identified on the Land Use Master Plan establishes and represents an area targeted for mixed -use developments, pedestrian scale commercial uses, and higher density housing. Development proposals within this area are evaluated individually as to how well they advance w sd nvF r2^�a'� :"U- the goals of the district. Development in the Redbud District is governed by the Downtown Overlay District .. - cited in the Owasso Zoning Code. June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 13 EXHIBIT F - TOPOGRAPHY .11:1 1 1 .1 1 0 1 0 VLLT L.Lo, June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 14 EXHIBIT G - SOILS Sal M,Tupa Launtg Oklahoma d (ICCL em1 bLrery Lolls) h P LI v Y a a a IIvvrvj IN -- — * ,.u. I I t le 11 1 a ry oeas..e,1))Jpen,.Nm>b¢cP.111'. a,^ITm. a n m la lro I.Yapoj :Y.�NM GmY�FaM1Y6 Y.ryl EQJ±�6:IIV Zoe L5Yf4651 191\ Haluol Rn..,..a Web sad survey 1181205 ComorvaVon 9arvlce NaU—W Cbhpamt'mo Soil Survey P'. t d 5 Map Unit Legend Map Unit Symbol Map Unit Name Acres In A01 Percent ofA01 12 Dennis slit loam. 1 to 3 porcem slopes 172 71.0!0 13 Dennis silt loam, 3 to 5 percent slopes 7A 28.9% 48 Radley sill loam, 0 to 1 percent slopes, frequently Oootlotl 0.0 0A k Totals for Area of Interest 24.1 100.0%a June 23, 2025 1 TCCL and Library Lofts PUD Design Guidelines 15 EXHIBIT H - SITE SURVEY I utn lysrp[er Iliji I LOTS I I r LOTS L.1I R � 1Ti' I O o June 1, 2025 TCCL and Library Lofts PUD Design Guidelines 16 EXHIBIT I -CONCEPTUAL UTILITIES PLAN not n, error.i i — I I — I °� III p. ��Oi`'• 1 is © _ ,I o � .e..........ewo,.......,. Liluk y, ENS. GIYMnMt w o June 1, 2025 TCCL and Library Lofts PUD Design. Guidelines 17 EXHIBIT J - CONCEPTUAL SITE PLAN -RESIDENTIAL C44URt{{ q �i N • � F F H 4• r WEST'BROpDVJpY STREET Walla de sig e desigro. LON1INERCSAL n f7 collective ,F..n..� . :_ •H :z s TvIsa Cbti" Library - Owasso CAn550.0� FA June 1, 2025 TCCL and Library Logs PUD Design Guidelines 18 EXHIBIT K — `BUILDING ELEVATIONS AND PERSPECTIVE IMAGES *Parking areas shown within these exhibits may vary from the final design June 1, 2025 TCCL and Library Lofts PUD Design Guidelines 19 �Mff ON^ WINVW1,11 R a. IM 41 "i -_a -- 4FF F a a j I June 1, 2025 TCCL and Library Lofts PUD Design Guidelines 21 June 1, 2025 TCCL and Library Lofts PUD Design Guidelines 22 V .�,.Ma.._. TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Right -of -Way Closure - Block 14, Original Town of Owasso DATE: July 3, 2025 BACKGROUND: The Community Development Department received a request from Wallace Design Collective on behalf of Tulsa City -County Library (TCCL) for the closing of the right-of-way that serves as an alleyway within Block 14 of the Original Town of Owasso (also known as the Owasso Cherokee Nation Indian Territory) plat. ANALYSIS: • The Original Town of Owasso plat was approved by the Department of the Interior in March of 1904. • This request comes as a related item to the combined planned unit development and rezoning requests OPUD 25-01/OZ 25-01 in which the applicant is proposing to construct a new mixed - use building that will serve as a library on the ground floor and apartment dwellings on the three upper floors. In harmony with the goals and ideas of the GrOwasso 2035 Land Use Master Plan and the Downtown Overlay District within Chapter 10 of the Owasso Zoning Code, OPUD 25-01 proposes the orientation of the new building on the property to align alongside North Main Street. o This will shift the proposed building to lie directly atop the referenced alleyway right-of- way for Block 14, Original Town of Owasso plat. o As such, the applicant has requested the closure of this segment of right-of-way following the relocation of utilities located within. All required notices were sent to all franchise holders and utility companies as well as the City of Owasso Public Works Department. o Staff has not been notified that the closure of this right-of-way would negatively impact any utility companies. o However, both City of Owasso Public Works Department and AT&T have indicated the presence of utilities within this right-of-way. In regards to this, Staff is recommending a contingency to the approval of this request to allow for these utilities to be fully relocated before the filing of this ordinance. • After the proposed approval and filing of this request, the applicant intends to combine the portion of this right-of-way that will be distributed to them along with their adjacent properties through a lot combination that is concurrently under review (OLC 25-02). • Upon Council action to close the right of way, the applicant is advised to take this item to District Court and file for vacation of the subject right-of-way, which will completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee (TAC) reviewed this item at their regular meeting on June 18, 2025. The following comments were made concerning this right-of-way closure request: Right -of -Way Closure— Block 14, Original Town of Owasso Page 2 Community Development- • Right-of-way (ROW) closure is contingent upon full relocation and disconnection of City utilities (water and sewer) in the alley; closure will not proceed until all work is completed and accepted by City Council, per the Public Works Director o The closure ordinance, if approved by Owasso City Council, will not be filed until all utility relocation requirements from the Engineering Division are satisfied o In accordance with State Statute, vacated ROW will be split equally between adjacent property owners: • The northern half of the ROW south of Lot 4, Block 14, (current dentist office) will be incorporated into that lot, not the TCCL lot(s) Public Works - Submit alley utility abandonment and relocation plans as soon as possible, may be submitted separately from main civil review plans AT&T - Continue coordination with AT&T regarding the time of cable relocation from the alley; submit utility plans for coordination and review ATTACHMENTS: Aerial Map Survey Exhibits Original Town of Owasso Filed Plat C r i � � i� � oi�.�L a'� ,,` "� f`+1` ''n�-II. iyqqy"�'''�t� �. ■Qas i :. 4 f, 'J'. iL.i 9..,:r.!' .�_: .�:�'t .1�.�•y= �`5� :=SAYe-SYe'�", :':�"�"ll�$Ill. t 'i:..:. ..t u;a,�i .. rtr W I 'Db.ca • i6tii.rn r Y� r� ._. ? f6 � E., ° �J -"��r' IF�t?i(fi�7.'Jr➢�� Y I 241 Imo➢ � T �.i""'" raj e r �� + �' r6f1_ Y: lei•` r4i _ u • OL £ L < T . IT t -, , p1r] NJ.L I Y J if J it 1 � I •.fin -- '[ �` fii%�I�j�.' .s■ QD ! 1191 — s:td8k At # i WN I mqT m U O a O° i W O A :41 ALLEYWAY CLOSURE Exhibit "B" SHEET 1 OF 2 LEGAL DESCRIPTION A TRACT OF LAND LYING IN THE SOUTH WEST QUARTER OF THE SOUTHEAST QUARTER (SW14, SEl4), SECTION THIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M.), CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING (P.O.B.) AT THE SOUTHEAST CORNER OF LOT ONE (1), BLOCK FOURTEEN (14) ORIGINAL TOWN OF OWASSO, CITY OF OWASSO, TULSA COUNTY; THENCE S01008'09"W FOR A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT ELEVEN (11), BLOCK FOURTEEN (14); THENCE 888051'51"W ALONG THE NORTH LINE OF LOTS ELEVEN, TEN, NINE, EIGHT, SEVEN, SIX, AND FIVE (11, 10, 9, 8, 7, 6, 5) FOR A DISTANCE OF 300.00 FEET TO THE NORTHWEST CORNER OF SAID LOT FIVE (5); THENCE N01"08'09"W FOR A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4), BLOCK FOURTEEN (14); THENCE N88"51'510E ALONG THE SOUTH LINE OF LOTS FOUR, THREE, TWO, AND ONE (4, 3, 2, 1) FOR A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING (P.O.B.) SAID TRACT CONTAINS 6,000 SQUARE FEET BASIS OF BEARINGS BASIS OF BEARINGS FOR THIS EXHIBIT IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM (NAD83 OKLAHOMA NORTH ZONE 3501). BASED ON THE EAST LINE OF BLOCK 14, ORIGINAL TOWN OF OWASSO, TULSA COUNTY AS S01"08'09"E. SURVEYOR'S CERTIFICATE I, CLIFF BENNETT, OF WALLACE DESIGN COLLECTIVE, PC, CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION CLOSES IN ACCORDANCE WITH THE EXISTING REQUIREMENTS AND IS A TRUE REPRESENTATION OF THE LEGAL DESCRIPTION AS DESCRIBED. THIS LEGAL DESCRIPTION MEETS THE MINIMUM STANDARDS FOR LEGAL DESCRIPTIONS AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA, WITNESS MY HAND AND SEAL THIS 6TH DAY OF JANU_ARY 2025. CLIFF BENNETT, P.L.S. OKLAHOMA NO. 1815 CLIFF d CERT. OF AUTH. NO. 1460 BENNETT EXP. DATE JUNE 30, 2025 1815 �At,l SURVEYOR'S LAST SITE VISIT: SEPTEMBER 3, 2024 Alleyway Closure Exhibit "B" SHEET 2OF2 A PART OF THE SW/4 OF THE SE/4, SEC. 30, T.21 N., R.14 E., I.B.& M., CITY Oil OWASSO, TULSA COUNTY, STATE OF OKLAHOMA TLOT 3 I LOT 2 ' LOT I LOT 4 I L 11-1I SE CDr. Lot 1 N01°OB'09'W N88°51'51"E— Block 14 20,00' 300,00, (P.O.B.) W s0110e109^E IK Area Contains 588'51'51"W 20.00' 6,000 Sq. Feet 300.00' F, Z a m LOT 5 I LOT 6 I LOT 7 LOT 8 j O p y z LO E74 I�I ' I ti 0 ICINALTON'NOFOFI A.SSO Il�llj 2 fYEST BROAD6YAYSTREFT THE BASIS OF BEARING FOR THIS SURVEY IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM (NAD83 OKLAHOMA NORTH ZONE 3501). BASED ON THE EAST LINE OF BLOCK 14, ORIGINAL TOWN OF OWASSO, TULSA COUNTYAS S01°08'09"E, SURVEYOR'S LAST SITE VISIT: SEPTEMBER 3, 2024 0 50 100 Lh 1"100'�J R-14-E EAST BBTH STREET NORTI T 21 30 N PROJECT LOCATION EAST 76TH STREET NORTI LOCATION MAP S=E:XTs LEGEND P.C.B.-POINTOFBEGINNING P.O.C. °POINr OFCOMMENCEMEM W =PJGNTCFWAY Um -"M EASWM CERTIFICATION I, CLIFF BENNETT, HEREBY CERTIFY THAT THE ABOVE REPRESENTS A SURVEY PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS OF THIS DATE. THIS PLAT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS, AS ADOPTED BY THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. WITNESS MY HAND AND SEAL THIS 6TH DAY OF JANUARY 2025. �ySS I oJyA it CLIFF BENNETT P.L.S. CLIFF d OKLAHOMA NO. 1815 CERT. OF AUTH. NO. 1460 BENNETT rn EXP. DATE JUNE 30, 2025 1815 to Exhibit "B" CLOSURE REPORT North:468064.9789' East:2600527.9346' Segment #1 : Line Course: S01'08'09"E Length:20.00' North:468044.9829' East:2600528.3310' Segment #2 : Line Course: S88°51'51"W Length: 300.09 North:468039.0361' East:2600226.3900' Segment#3 : Line Course: N01'08'09"W Length: 20.00' North:468059.0321' East:2600227.9935' Segment 94 : Line Course: N88"51'51"E Length: 300.00' North:468064.9789' East;2600527.9346' Exhibit `cB" CLOSURE REPORT Perimeter:640.00' Area:0.14acres Error Closure: 0.0000 Course: N00°00'00" E Error North: 0.00000 East: 0.00000 Precision 1:640000000.00 OWASSO CHEFME NATION IND.TER. J.uLYr ✓Aar.. ' ] ] OESCR/Pl/QYRNP RR<RS Ate. r F F F/ ' q s�talgmwJ'tka> Sacio mRRm<mut�rs o.L >J _ n w: sRiw'JEAd SCGJe k GRANT fax, A NHow>wygtf,.✓ Se<a/ mm - L as iLa � �ry�'NR44Jf SCual /Jm 99 8,p ShJ/Jm4gF64.yVglf4>.RCID 4t / v° � � ] r F/°� � ; a Fx tom. t k '4 • TebY/- 9SW /N(J W W ° "Mi �-4„ ° A//disbnusoreinfeat arro'deumo/s 4 Mand d arvl � r . :° Imonrr mMa raps. q//b/ocR o�/e.r>tMmnAedbuwn ais - > _ J t- .g.b{Agl4s. .. cw.._. X as v t A//bu/mcbycolne/JartmaiXMbJaoRA°>r>. k LEE k qUE. Ne J t' .. P: SIctEwM'o/rryAxnelJoiemoiEsdty v l° J r° J d a Y J( P �x4 MwYoyn, /rM gLdrezi"Nrs. . ..x j //gRbycar/i1y //re' //ro>a r�nluiiyoaf � 8 ' A ,y° .,_ ° � �, J E r p 8 � � $ a Oouz/a/ysunvyed ond.Yaeed the faNn brO,wWo,ChernR�goYon, /im'ian Temi/oy. emb]oprsgl/R nb>n deco- bed /ands aaf • a a P/.w��wJ/... 0 SmraJoi • u noo .+. ° re u P 9 PEPgRTMCMT R°•TNl /NTERIOR 3 4V ♦ 3 x / irn gfPRaa<P i d > ; 9 xo p % JACd'sow AUE. �x k LaAws7RELT '� Are...a k. x 4 � y • r J° 4 Y A ¢ > r . so 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: July 3, 2025 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. PROJECT DETAILS: An application has been received from West Family Development, LLC, for development assistance on a project located on Main Street, between Broadway Street and 1st Street. The proposed project is the development of a unique mixed -use building that includes construction of a new 20,000 square foot public library on the lower floor, and 50,000 square feet of residential apartments on the upper floor. Also included is the necessary parking, access points, and public improvements. Upon completion of the project, the public library portion of the development will be sold by West Family Development, LLC to the Tulsa City -County Library (TCCL). Due to the public -private nature of this development, only the private portion is being considered for development assistance. The public portion of the project will be exempt from ad valorem taxes, making it ineligible to receive development assistance in the form provided by in the TIF Policy Guide. The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet the requirements outlined 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. Reimbursement will be provided through 90% of the ad valorem taxes assessed and received by the City for the subject development. The proposed Development and Financing Agreement also establishes an annual minimum ad valorem payment to be made by the developer. Should the amount billed to the developer by the Tulsa County Assessor be less than $108,512 in any given year, the OPWA will bill the developer for the difference. The establishment of the minimum ad valorem payment provides protection TIF Page 2 to the City and the OPWA in case the assessed value of the project is lower than is anticipated by the developer. The application anticipates construction costs of $11,130,000 for the private portion of the development, resulting in development assistance of $1,130,000. The proposed Development and Financing Agreement further outlines obligations of the City and the developer as required in approved TIF documents. COVENANT AGREEMENT: Due to the unique nature of the proposed development, a Covenant Agreement, in addition to the Development and Financing Agreement, is being proposed. The proposed Covenant Agreement would be filed with Tulsa County and obligates the developer, and any future owner, to pay the minimum ad valorem payment. This ensures that even if the development is sold to a new owner, the minimum ad valorem payment would still be received. APPLICATION REVIEW COMMITTEE: On May 19, 2025, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. JOINT RESOLUTION: In connection with the proposed development, TCCL has requested assistance from the City with the relocation of a sanitary sewer line. This line must be relocated before construction can begin on the proposed development. As outlined in the proposed Joint Resolution, TCCL will facilitate the relocation of the sanitary sewer line. Upon completion, it is proposed that the OPWA would reimburse TCCL for $150,000 of the costs associated with the relocation. Funding for the reimbursement is available from increment revenues in the OPWA TIF Fund. APPLICATION REVIEW COMMITTEE: On June 25, 2025, the Review Committee voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive reimbursement through TIF assistance. FUTURE ACTION: Staff anticipates bringing the proposed items before City Council and OPWA Trustees for consideration at the July 15.2025, meetings. ATTACHMENTS: Development and Financing Agreement with West Family Development, LLC Covenant Agreement with West Family Development, LLC Joint Resolution with City -County Library Commission of Tulsa County DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY nampi WEST FAMILY DEVELOPMENT, LLC 2025 DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND WEST FAMILY DEVELOPMENT, LLC THIS DEVELOPMENT AND FINANCING AGREEMENT ("Agreement') is made on or as of this day of , 2025, by and between the Owasso Public Works Oklahoma Authority, an public trust ("Authority"), and West Family Development, LLC ("Developer"). WITNESSETH: WHEREAS, the Authority was created by a Trust Indenture, dated as of the 10`h 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, in part, to promote development within and without the territorial limits of the City and to help provide facilities and activities which will benefit and strengthen the economy of the City and the State of Oklahoma; and WHEREAS, in order to accomplish its designated purposes, the Authority is empowered to provide funds for the costs of acquiring, constructing, installing, equipping, repairing, remodeling, improving, extending, enlarging, maintaining, operating, administering, and disposing of or otherwise dealing with any properties and facilities; and WHEREAS, the City 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 sales tax increment district ("Increment District'), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et 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 City has approved the Policy Guide for the Implementation of the Owasso Redbud District Project Plan, Increment District No. 1, City of Owasso, initially dated April 4, 2017, and amended most recently on April, 15, 2025 (the "Policy Guide"); and WHEREAS, the Developer, consistent with the Project Plan, proposes a unique mixed - use building in partnership with the City -County Library Commission of Tulsa County that will include construction of a new 20,000 square foot public library on the lower floor and 50,000 square feet of residential apartments on the upper floor, and associated parking, access, and necessary public improvements ("Project'); and WHEREAS, the Developer intends to enter into a Ground Lease and Development Agreement and Condominium Purchase Agreement with the City -County Library Commission of Tulsa County to construct the Project on the Property described in Exhibit 1 ("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. B. The Authority hereby agrees, subject to the terms and conditions hereinafter provided, to provide to the Developer up to $1,130,000.00, limited to 90% of the ad valorem increment revenues apportioned and actually received by the Authority under the Project Plan that are generated by the Project, as provided under Section 4.03, 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 1.01 Scope of Development. The Project represents private investment of at least $11,130,000. The Project is a mixed -use residential and public library development in the northwestern area of the Redbud District. The Project will provide necessary housing while also providing a public benefit to the City with the construction of a new public library. The residential component in particular may stimulate additional private development in that area, providing a public benefit to the City. 2 SECTION 1.02 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 authorized by the Project Plan and subject to the terms, conditions, and limitations contained herein, the Authority shall provide assistance in development financing to the Developer in an amount up to $1,130,000. Such assistance is to support construction of the Project. ARTICLE III DEVELOPER OBLIGATIONS SECTION 3.01 Design Documents. The Developer shall provide to the City the Development Plans and Specifications for the Project no later than the time for submission of such 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 Obligations. 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. The 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 construction of a multi -story, mixed use building that includes approximately 20,000 square feet of space located on the ground floor of the building (the "Library Unit"), to be conveyed to the Tulsa City -County Library Commission upon completion of construction, and approximately 50,000 square feet of residential apartments 3 (the "Residential Apartments") to be constructed on the upper floors of the building, along with associated parking to support the Project. 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. The 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 Verification of Hard Costs. Assistance in Development Financing provided in accordance with the Policy Guide is based on a percentage of hard construction costs. Accordingly, prior to becoming eligible to receive the Assistance in Development Financing contemplated herein, Developer must provide evidence of hard costs of construction of the Residential Apartments to the TIF Application Review Committee who shall determine and verify the amount of hard construction costs eligible for assistance in development financing. SECTION 4.03 Payment Obligations. Beginning on the first day of the third quarter of the 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 and sales tax increment revenues generated by the Project. 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 total payment obligation shall not exceed $1,130,000.00. The payments of assistance in development financing shall continue until the occurrence of the first of the following events: (A) $1,130,000.00 is paid or (C) the Increment District ends and all apportioned increment has been expended. SECTION 4.03 Minimum Ad Valorem Payment Covenant. A covenant subjecting the Residential Apartments to a minimum annual ad valorem payment obligation in the amount of $108,512.00, shall be imposed and shall be filed in the land records of the County Clerk of Tulsa County. As soon as it's available, the Developer shall provide to the Authority the legal description of the Residential Apartments, as evidenced by the instrument identifying the legal description of the Residential Apartments unit consistent with the Oklahoma Unit Ownership Estate Act. Such legal description shall be used in the covenant filed in the land records. Such payment obligation shall begin on January I of the year following completion of construction of the Project. The minimum ad valorem payment covenant shall continue in effect for the duration of the Increment District. Should the amount billed to the Developer by the Tulsa County Assessor be less than $108,512.00, the additional amount shall be billed to the Developer by the Authority. The Developer shall provide payment to the Authority within 30 days of receipt of the bill from the Authority. SECTION 4.04 Additional Conditions and Terms of Assistance in Development 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 4.05 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 $1,130,000.00. SECTION 4.06 Transfers. Prior to the Completion Date, Developer shall not, except as specifically permitted, without prior written approval of the Authority, make any total or partial sale, transfer, conveyance, assignment, or lease of the Property or assignment of any of the development obligations set forth herein. This prohibition on transfer and assignment shall not apply to mortgages or liens necessary for Developer to procure private financing necessary to complete the Project or for easements to the City or other utility providers to bring or modify utility services to or on the Property. ARTICLE V CONSTRUCTION OF PROJECT SECTION 5.01 Scope of Proiect. 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 Development Plans and Specifications. Upon the execution of this Agreement, the Developer shall prepare and submit Development Plans and Specifications for the Project to the City for its review pursuant to the Code. Thereafter, if the Developer desires to make any substantial or significant changes in the Development Plans and Specifications, the Developer shall submit the proposed changes to the City for its approval. The Developer and its approved assignees shall communicate and consult as frequently with the City and the Community Development Department as is necessary to ensure that any modifications to the Development Plans and Specifications can receive prompt and speedy consideration by the City. SECTION 5.03 Construction of Proiect. The Developer agrees that all construction, renovation, improvement, equipping, repair and installation work on the Project shall be done substantially in accordance with the Development Plans and Specifications as approved by the City, or as amended with the approval of the City. 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 Construction Schedule. Not later than November 1, 2025, the Developer shall have commenced the construction of the Project. Not later than October 31, 2027, the Developer shall have completed construction of the Project. If it appears the Project cannot be commenced or completed by such date, the Developer shall promptly report to the Authority that the Project will not be commenced or completed within the time provided for herein and shall provide an updated schedule regarding the time required for the commencement and completion of the Project. All revisions to the original construction schedule shall be subject to approval by the Authority, which approval shall not be unreasonably withheld. SECTION 5.06 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 5.07 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. M. 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 5.08 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 or termination. 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 5.09 Performance Bond. The Developer shall post with the City such performance bonds or other sureties as may be required by the Code. SECTION 5.10 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 5.11 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 5.12 Taxes Assessments. Encumbrances and Liens. The Developer shall pay when due all real estate taxes and assessments on the Project Site. Prior to the performance of the obligations of this Agreement, the Developer shall not place or allow to be placed on the Project Site or any part thereof any uncontested mechanic's lien, any mortgage, trust deed, encumbrance 7 or lien other than as expressly allowed by this Agreement. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. SECTION 5.13 Prohibition Against Transfer of the Project Site or Structures Therein and Assignment of Agreement. The Developer shall not, except as permitted by this Agreement, without prior written approval of the Authority which shall not be unreasonably withheld, make any total or partial sale, transfer, conveyance, assignment or lease of the Project Site. The foregoing restrictions on assignment, transfer, and conveyance shall not apply to: A. Any mortgage lien or security interest granted by the Developer to secure indebtedness to any construction or permanent lender with respect to the Project; and B. The rental and leasing of portions of the Project Site by the Developer for any uses contemplated for the Project. SECTION 5.14 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 to any individual or entity which is not currently a member of the Developer until performance of the development obligations in this Agreement. 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 5.15 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 5.16 Maintenance Covenants. The Developer, and all successors and assigns in interest to the Developer, shall be obligated to maintain the Project and all improvements and landscaping situated on the Project Site in a clean and neat condition and in a continuous state of good repair in accordance with the Code. ARTICLE VI H REPRESENTATATIONS AND WARRANTIES SECTION 6.01 Developer Representations and Warranties. The Developer represents and warrants the following: 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 given and will not pay or give any officer, employee or agent of the City or the Authority any money or other consideration for obtaining this Agreement. The Developer further represents that, to its best knowledge and belief, no officer, employee or agent of the City or the Authority who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. 9 O. 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. I. 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, agreement, or instrument to which the Authority is currently bound or by which it is affected. D. To the knowledge of the undersigned officer of the Authority, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting the Authority wherein any unfavorable decision, ruling or finding would materially adversely affect the Authority's ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which the Authority is a party. 10 ARTICLE VII EVENTS 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 warranty 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 under 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 approve the Development Plans and Specifications, and, if any such default or failure shall not be cured within 30 days after the date of written demand by the Developer, then this Agreement, or the relevant portion thereof, may, at the option of the Developer, be terminated by written notice thereof to the Authority, and, neither the Authority, nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. B. In the event that the Developer fails to submit the Development Plans and Specifications to the City, or the Developer fails to obtain evidence of financing capacity satisfactory to the Authority, and, if any default or failure shall not be cured within 30 days after the date of written demand by the Authority, then this Agreement, or the relevant portion thereof, may, at the option of the Authority, be terminated by written notice thereof to the Developer, and, neither 11 the Authority nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. SECTION 7.04 Completion by the Authority. If an Event of Default occurs prior to the completion of construction 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 appointment by the Developer of the Authority as its true and lawful attorney -in -fact with the full 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 Enforced Delay: Extension of Times of Performance. 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 reasonable 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 12 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: Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Chris Garrett, Manager To the Developer: West Family Development, LLC 2300 E. 141h Street, Suite 301 Tulsa, Oklahoma 74104 Attn: Tracy Dean West SECTION 8.03 Amendment. This Agreement may not be amended or modified in any way, except by an instrument in writing executed by both parties hereto and approved in writing by the Developer and the Authority. SECTION 8.04 Non -Waiver; Cumulative Remedies. No failure on the part of the Authority to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Authority of any right hereunder preclude any other or further right thereof. The remedies herein provided are cumulative and not alternative. 13 SECTION 8.05 Assignment. 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 Applicable Law. This Agreement and the documents issued and executed hereunder shall be deemed to be a contract made under the laws of the State of Oklahoma and shall not be construed to constitute the 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`h day of January, 1973, pursuant to which the Authority was created, 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. 14 SECTION 8.13 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 2025. OWASSO PUBLIC WORKS AUTHORITY Alvin Fruga, Chair ACKNOWELDGEMENT STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of 2025 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 Seal) APPROVED AS TO FORM: Julie Lombardi, City Attorney Notary Public 15 West Family Development, LLC 0 Tracy Dean West, Authorized Member ACKNOWELDGEMENT STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of , 2025 by Tracy Dean West, Authorized Member of West Family Development, LLC on behalf of West Family Development, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. (Notary Seal) Notary Public 16 EXHIBIT 1 Location and Legal Description of the Project Site Addresses: 103 W. Broadway Street N, Owasso, Oklahoma 16 N. Main Street W, Owasso, Oklahoma 310 W. Broadway Street N, Owasso, Oklahoma Legal Description: TO BE DETERMINED After Recording, Return To: Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Chris Garrett, Manager Covenant Agreement This Covenant Agreement ("Covenant Agreement') is made effective as of 202_, by and between the Owasso Public Works Authority, an Oklahoma public trust ("OPWA"), and West Family Development, LLC, an Oklahoma limited liability company ("Owner"), with reference to the following: A. OP WA and the Owner have entered into a Dev dated , 2025 ("Agreement'), which details the to the development property bound generally by W. I" Street, and N. Atlanta Street, and more particularly described O&EX v y= ("Property"). All B. The Owner is developing the the City -County Library Commission of Ti 20,000 square foot public library on the apartments on the upper floor, and associate( ("Project"). UR : and Financing Agreement, nding of the parties related Street, W. Broadway Steet, >.this Covenant Agreement ced-use building in partnership with will include construction of a new '50,000 square feet of residential and necessary public improvements C. The City Council' ty9 if:Y wasso ("City") has approved and adopted the Owasso Redbud District Project.Plam 'roject Plan"), creating and establishing Increment District No. 1, the City of Owas d ("Incceenfstrict'). D. Pursuan Rio the Agreement, OPWA has agreed to provide certain financial assistance to support the rede;V6pment of the Property, and Owner has agreed to make a payment of ad valorem taxes in an arm a7 minimum amount for the duration of the Increment District. E. Accordingly, Owner has agreed that a recordable instrument would include a covenant running with the land providing that the Owner and any successors in interest of the Property will pay or cause to be paid a minimum annual amount of ad valorem taxes on the Property and taxable personal property during the Minimum Annual Payment Period (as defined below). The parties hereby agree and covenant as follows: I . Imposition of Covenants. This Covenant Agreement is made concurrently with and as consideration for the execution and delivery of the Agreement. This Covenant Agreement imposes the covenants herein on the Property. Pursuant to Section 4.03 of the Agreement, the Owner hereby binds itself and its successors and assigns to the covenants herein, which shall continue in effect for the duration of the Increment District. 2. Minimum Annual Payment. Commencing on January 1, 2028, the Property shall be subject to a minimum annual ad valorem payment (whether classified, in whole or in part, as a tax payment or an in lieu of payment) obligation in the amount of not less than $108,512.00 for the first year in which the minimum ad valorem tax payment is payable as set forth herein (the "Minimum Annual Payment"), which shall continue in effect for each year thereafter through the duration of the Increment District (the "Minimum Annual Payment Period"). 3. Obligation to Pay Minimum Annual Payment. Subject to Section 8 of this Covenant Agreement, during the Minimum Annual Payment Period, the Owner of the Property w (and any successors in interest) will pay not less than the Minimutd nnual Payment of ad valorem taxes (or will make a payment in lieu of taxes in the Minimum, nual Payment amount). During the Minimum Annual Payment Period, if the county assassmerit atios, levy rates, or taxable assessed values that are in effect for any subsequent€tskal year the termination of the Increment District result in an ad valorem tax liat' it tl at�is less than the Minimum Annual Payment amount, the Owner of the Property (and any uceessors in interest) shall, in addition to paying ad valorem taxes on the property based on the conty assessment ratios, levy rates, and taxable assessed values then in effect, make apayrne t to IidtiV of ad valorem taxes in the amount of the difference between (i) the ad valorem tak aaoulafrdii then in effect, and (ii) the Minimum Annual Payment amount. r 4. Payments in LiedIVRA&Valorem I axes. During the Minimum Annual Payment Period, if all or a portion of ili ,roper yis exempt from ad valorem taxes (whether resulting from ownership of such real or personal) roperty by a public or private tax-exempt entity or a lease or sublease of such property to a pubH .5or private tax-exempt entity), the Owner of the Property (and any successors in inesf) shall rke (or cause to be made) payments in lieu of ad valorem taxes with respect to the real propejy and/or personal property to which such exemption applies, commencing in any year in which such ad valorem tax exemption is in effect and terminating upon the first to occur of termination of such ad valorem tax exemption or termination of the Increment District. Lien Securing Minimum Annual Payment Obligations. The Minimum Annual Payment obligations of the Property pursuant to the covenants in this Covenant Agreement are secured by a lien (or liens) on the Property in favor of Tulsa County, Oklahoma ("County") for the benefit of the apportionment fund of the Increment District arising annually at the same time, in the same manner, having the same priority, and subject to the same enforcement and remedies as liens to secure the annual payments of other ad valorem taxes, which lien or liens may also be evidenced by written notice executed by or on behalf of the County, OP WA, or the duly authorized designee of OPWA and filed in the records of the County Clerk of Tulsa County, and which lien 2 or liens may also be enforced by the County, OPWA, or on its behalf by its authorized designee by foreclosure in the same manner as foreclosure of a mortgage. 6. Covenants Running with the Land. The covenants in this Covenant Agreement shall run with the land described herein as the Property. The County, OPWA, and the City shall each be deemed a beneficiary of the covenants in this Covenant Agreement, and such covenants shall run in favor of the County, OPWA, and the City for the entire period during which such covenants shall be in force and effect. As such beneficiaries, in the event of any breach of such covenants, the County (or OPWA and the City, if the County does not elect to exercise its rights and remedies) shall have the right to exercise all the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach, to which beneficiaries of such covenant may be entitled; provided, however, that in all such events, OPWA, and/or the City, as applicable, shall be required to proviid�potice of any such breach to all lienholders of record at such notice address as is provided ' Ysuch record document prior to the h13 Lf=".iy,p., exercise of any of its rights and remedies hereunder; furt, er rovia,k however, that the failure to ' `Val provide such notice shall not prevent the exercise of anyof its rights aqd xemedies hereunder. RVW 7. Timing of Payments In Lieu The payients lieu of taxes described in Sections 3 and 4 herein, if any, shall be made by Marc�,�l of each year to the OPWA. 8. No Personal Liability, Right td', ispufe': &—V Tax Increases. In no event shall the t .. covenants in this Covenant Agreement c%n�strtute_personal liability of the Owner (or its respective successors and assigns), nor wijl1he Owner of t�e Property (or any successors in interest of any portion of the Property) be prev6kft d from drspu, ng any proposed increased ad valorem taxes that gv may be in excess of the tn' , umA ual Payment amount. In the event of a default in payment Y 4�!ia Y P Y of the Minimum An Paymen(�bI —on, the beneficiaries of the Minimum Annual Payment 1=xfa pursuant to this Covenant Agreemett shall look exclusively to the Property for satisfaction thereof and shall not seek or obtain a pens aI judgment against the Owner or its respective successors or assigns. "ktzP�v 9. Termination of Ad Valorem Tax Covenants. The covenants in this Covenant Agreement shall terminate upon the termination or dissolution of the Increment District, and, upon such termination or dissolution of the Increment District, shall be extinguished and of no further force and effect. The parties have executed and delivered this Covenant Agreement as of the day and year first above written. OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust 0 Alvin Fruga, Chair ACKNOWLEDGEMENTx�n STATE OF OKLAHOMA ` ) ss. COUNTY OF TULSA. ) Before me, a Notary Public in and personally appeared Alvin Fruga, to me kno of the Owasso Public Works Authorityirb,'O to me that he executed the same a§,bi§ free�ai act and deed of such public bod}corpo��e WITNESS my My Commission expires: (Seal) APPROVED AS TO FORM: Julie Lombardi, City Attorney s S� dxState, o;ahis day of 202 , e the identical person who subscribed the name �, oing instrument as its Chair and acknowledged itary act and deed, and as the free and voluntary and purposes therein set forth. the day and year last above written. 91 West Family Development, , LLC, an Oklahoma limited liability company Tracy Dean West, Authorized Member ACKNOWLEDGEMENT STATE OF OKLAHOMA, ) ) ss. COUNTY OF TULSA. ) Before me, a Notary Public in and for said State, on th ``i' day of , 202 , personally appeared Tracy Dean West, to me known to be thedeptical person who subscribed the name of West Family Development, LLC, to the forego" ut strument'as the Authorized Member of West Family Development, LLC, and acknowledged to met at he ee ted the same as his free and voluntary act and deed, and as the free and vo Ytintary,,aft and deed of such limited liability company, for the uses and purposes therein set forth WITNESS my hand and official seal the"'i3a and yee last above written. My Commission expires: (Seal) 5 EXHIBIT 1 Legal Description of the Property [ONCE CONDO-IZED, INSERT LEGAL DESCRIPTION OF THE RESIDENTIAL APPARTMENTS.] ii JOINT RESOLUTION OWASSO PUBLIC WORKS AUTHORITY AND CITY -COUNTY LIBRARY COMMISSION OF TULSA COUNTY TRANSFERRING $150,000.00 OF AVAILABLE INCREMENTAL REVENUE FROM INCREMENT DISTRICT NO. 1, CITY OF OWASSO, FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH A PROJECT CONSISTENT WITH THE OWASSO REDBUD DISTRICT PROJECT PLAN WHEREAS, the City of Owasso, Oklahoma ("City"), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq. ("Act"), adopted Ordinance 1093, effective December 20, 2016, approving the Owasso Redbud District Project Plan ("Project Plan") and establishing Increment District No. 1, City of Owasso, a sales tax and ad valorem increment district ("Increment District"); and WHEREAS, the purpose of the Project Plan is to help the City achieve its development objectives by authorizing the appropriate and necessary public support and assistance for the development and enhancement of the area surrounding Main Street, known as the Redbud District, as a special and unique place within Owasso, a place to live, work, shop, and play ("Project"); and WHEREAS, the Project Plan supports the City's efforts to achieve its development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base, thereby making possible investment that would be difficult without the adoption of the Project Plan and the apportionment of incremental ad valorem and sales tax revenues; and WHEREAS, objectives of the Project Plan include (1) support for the creation of mixed - use developments to draw residents and visitors and (2) construction of public infrastructure and improvements to allow for development in the area; and WHEREAS, the Project Plan authorizes the allocation of incremental revenues to an apportionment fund to be used to pay authorized project costs, including Public Infrastructure Facilities, and Improvements; and WHEREAS, the Project Plan authorizes the Authority to carry out implementation actions in accordance with approvals; and WHEREAS, the City -County Library Commission of Tulsa County ("Library") is partnering with West Family Development, LLC ("Developer") for the development of a unique mixed -use building that includes construction of a new 20,000 square foot public library on the lower floor and 50,000 square feet of residential apartments on the upper floor, and associated parking, access, and necessary public improvements ("Project"); and WHEREAS, the Library intends to enter into a Ground Lease and Development Agreement and Condominium Purchase Agreement with the Developer to construct the Project on certain property owned by the Library that 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 Project requires the relocation of a sanitary sewer line on the Project Site in order to construct the Project ("Utility Relocation"), which the Library shall cause the Developer to construct; and WHEREAS, the Project is consistent with the Project Plan and the development objectives of the City and the Authority for the enhancement of the Redbud District will be advanced by the Project; and WHEREAS, in order to facilitate the development of the Project on the Project Site, upon completion of the Utility Relocation, evidenced by verification by the Public Works Department of the City of Owasso that the Utility Relocation has been completed in accordance with required permits and approvals, the Authority agrees to transfer to the Library $150,000.00 in available incremental revenue from the Increment District; and WHEREAS, the Increment District apportionment fund includes available incremental revenue sufficient for the contemplated transfer, which is authorized by the Project Plan as a Public Infrastructure, Facilities, and Improvements project costs expenditure; and WHEREAS, the Library agrees to use the incremental revenues provided by the Authority solely for the purpose of reimbursement for the costs of causing the Utility Relocation necessary for the Project to be constructed; and WHEREAS, the Library agrees that it will provide quarterly updates to the Authority regarding the progress of the Utility Relocation and the Project and the expenditure by the Library of the costs of the Utility Relocation, and the Library further agrees to provide update presentations to the Authority's Board of Trustees if requested. NOW, THEREFORE, BE IT JOINTLY RESOLVED by the Board of Trustees of the Owasso Public Works Authority and the Board of Commissioners of the City -County Library Commission of Tulsa County that: Section One: Upon completion of the Utility Relocation, evidenced by verification by the Public Works Department of the City of Owasso that the Utility Relocation has been completed in accordance with required permits and approvals, the Authority agrees to provide to the Library $150,000.00 in available incremental revenue from the Increment District. Section Two: The Library agrees to use the incremental revenues provided by the Authority solely for the purpose of reimbursement of the costs of causing the Utility Relocation necessary for the Project to be constructed. 2 Section Three: The Library agrees that it will provide quarterly updates to the Authority regarding the progress of the Utility Relocation and the Project and the expenditure by the Library of the costs of the Utility Relocation, and the Library further agrees to provide update presentations to the Authority's Board of Trustees if requested. PASSED AND APPROVED by the Board of Trustees of the Owasso Public Works Authority this day of 2025. Alvin Fruga, Chair (SEAL) ATTEST: LIM Juliann M Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney PASSED AND APPROVED by the Board of Commissioners of the City -County Library Commission of Tulsa County this day of 2025. (SEAL) ATTEST: an Secretary 3 Leanne Helmerich, Chair