HomeMy WebLinkAbout2005.05.12_OEDA AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Regular
May 12, 2005
10:00 a.m.
Owasso City Hall
Main Conference Room
111 North Main
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 p.m. on Monday, May 9, 2005.
J ann M. Stevens, Deputy;' Clerk
2.
ra
4.
WeTU-10"..
Call to Order & Roll Call
Mr. Yandell
Request Approval of Minutes of the April 14, 2005 Regular Meeting.
Mr. Yandell
Attachment #2
Request Approval of Claims.
Mr. Yandell
Presentation of Financial Report.
Ms. Bishop
Attachment #4
OEDA
May 12, 2005
Page 2 of 2
5. Report from Economic Development Director.
Mr. Hayes
Attachment #5
6. Report from Community Development Director
Mr. Wiles
7. Report from the Public Works Director
Ms. Stagg
8. Report from OEDA Manager.
Mr. Ray
9. Consideration and appropriate action relating to a request for Trustee approval of a Loan
Agreement and Promissory Note between the Owasso Economic Development Authority
and Vanguard Car Rental, USA, Inc., and authorization of Chairman to execute all
necessary documents related thereto.
Mr. Ray
Attachment #9
Staff will recommend Trustee approval of a Loan Agreement and Promissory Note
between the Owasso Economic Development Authority and Vanguard Car Rental, USA,
Inc., and authorization of Chairman to execute all necessary documents.
10. New Business.
11. Adjournment.
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
MINUTES OF REGULAR MEETING
Thursday, April 14, 2005
The Owasso Economic Development Authority met in regular session on Thursday, April 14,
2005 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and
Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, April 8, 2005.
ITEM 1: CALL TO ORDER & ROLL CALL
Chairman Scott Yandell called the meeting to order at 10:03AM.
PRESENT OTHERS
Scott Yandell, Chair Randy Cowling
Frank Enzbrenner, Vice -Chair
Dee Sokolosky, Secretary
Steve Cataduella, Trustee
Gary Akin, Trustee
Brenda Lawrence, Trustee
Tom Kimball, Trustee
A quorum was declared present.
ABSENT
None
STAFF
Ana Stagg, Public Works Director
Sherry Bishop, Finance Director Tim Rooney, Assistant City Manager
Rickey Hayes, Economic Development Director Eric Wiles, Community Development
ITEM 2: REQUEST APPROVAL OF MINUTES OF THE MARCH 10 2005 REGULAR
MEETING.
Mr. Enzbrenner moved, seconded by Mr. Kimball, to approve the minutes of the
March 10, 2005 Regular meeting, by reference made a part hereto.
AYE: Enzbrenner, Kimball, Sokolosky, Yandell, Lawrence, Akin, Cataudella
NAY: None
ABSTAIN:
Motion carried 7-0.
Owasso Economic Development Authority
ITEM 3: REQUEST APPROVAL OF CLAIMS.
No Claims
AYE: None
NAY: None
ABSTAIN: None
ITEM 4: PRESENTATION OF FINANCIAL REPORT.
April 14, 2005
After a review of the attached report, no questions were asked of Ms. Bishop.
ITEM 5: UPDATE FROM ECONOMIC DEVELOPMENT DIRECTOR
Mr. Hayes introduced incubator tenants Bill Willson, Tim White, and Ryan Burd of
Infinity Investigations.
ITEM 6: REPORT FROM COMMUNITY DEVELOPMENT DIRECTOR
Mr. Wiles provided an update on the March building permit report, commented on
the residential building within the City, and provided information regarding
upcoming items before the Annexation Committee and Planning Commission.
ITEM 7: REPORT FROM PUBLIC WORKS DIRECTOR
Ms. Stagg gave a brief report on various street development projects, and other Public
Works related items. No questions were asked of Ms. Stagg.
ITEM 8: REPORT FROM OEDA MANAGER
No Report.
-2-
Owasso Economic Development Authority
April 14, 2005
ITEM 9: DISCUSSION RELATING TO THE COMMERCIAL STORMWATER RUNOFF
FEE
Ms. Stagg presented the Stormwater Management Program. Mr. Hayes discussed
comments received from local pastors. Discussion regarding the necessity and
implementation of the fee.
ITEM 10: NEW BUSINESS
None
ITEM 11: ADJOURNMENT
Motion made by Mr. Enzbrenner, seconded by Ms. Lawrence to adjourn.
At 11:20am, the meeting was adjourned.
AYE: Enzbrenner, Kimball, Lawrence, Sokolosky, Cataudella, Akin, Yandell
NAY: None
ABSTAIN: None
Motion carried 7-0.
Date Approved
-3-
Scott Yandell, Chair
Owasso Economic Development Authority
Statement of Revenues, Expenses and Changes in Fund Net Assets
For the Month Ending April 30, 2005
Operating Revenues:
Contributions
Reimbursements
Interest
Total Operating Revenues
Operating Expenses:
Materials & supplies
Services & other charges
Capital outlay
Total Operating Expenses
Operating Income (Loss)
Capital contributions
Transfer from General Fund
Total Non -Operating Revenues (Expenses)
Change in Net Assets
Total net assets - beginning
Total net assets - ending
Month -to -date Year-to-date
$0.00
$0.00
0.00
0.00
4.53
44.47
4.53
44.47
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.53
44.47
0.00
0.00
0.00
0.00
4.53
44.47
**Note: For the purposes of this report, "Retained Earnings" includes only
current assets and current liabilities
10,730.55
$10,775.02
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
FROM: RICKEY HAYES
DIRECTOR OF ECONOMIC DEVELOPMENT 154
SUBJECT: DIRECTOR'S REPORT
DATE: May 3, 2005
Progress continues on the commercial sites in the 961h Street retail corridor. Smith Farms
continues construction at a fast pace. Tyann Development is about to construct a 52,000 square
ft. retail strip in phase one of their development plans for the area on the east side of US 169
around the Home Depot. Tyann is also completing the service road from 86th to 96th Street on the
east side of the highway. This site will eventually be home to about 300,000 feet of retail and
restaurants, with some mixed use units as well. Over the past few weeks, I have been in
meetings with several retail and motel groups, as well as working with a possible office
relocation to Owasso.
I just met with JC Penney representatives in Dallas regarding a retail store in Owasso. Penney's
is just one of a number of national retailers seriously considering free standing retail outlets in
our city. JC Penney is one of a string of national retailers moving away from a traditional mall
presence into the power or life-style center model for their outlets. The ICSC convention is May
23-25, and I am planning to attend for 1 day of the convention.
I am in the process of updating and revamping the Economic Development website. The site
will officially begin June 1, 2005. The site will have a completely new look and will be more
user friendly. All the new marketing material will be included, as well as the other material that
is relevant. A GIS component to our IT system and network will greatly enhance our ability to
provide information to customers and investors.
As always, if I can serve you in any way, please call. Your input and direction are always
important to the success of our efforts.
MEMORANDUM
TO: THE HONORABLE CHAIRMAN AND TRUSTEES
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: REQUEST FOR APPROVAL OF DOCUMENTS RELATING TO
ECONOMIC DEVELOPMENT LOAN TO VANGUARD CAR
RENTAL, USA
DATE: MAY 11, 2005
BACKGROUND:
For the past several months City and OEDA officials have worked to develop a plan
that would allow Owasso an opportunity to forge a mutually beneficial partnership with
Vanguard Car Rental USA and its principal owner, Mr. Bill Lobeck. The opportunity
for such a partnership developed after an offer of relocation assistance to the company
by the Tulsa Metropolitan Chamber of Commerce failed to be realized. You may recall
that the Tulsa Chamber offered Vanguard a four million dollar interest free loan as an
incentive for relocating their corporate offices to Tulsa. After the company decided to
select Tulsa and after entering into leasing agreements, the original relocation offer
failed to materialize leaving the company in a position of having to decide either to
honor leasing agreements and other monetary commitments relating to the move or
"write-off those expenses and relocate to another city. Fortunately for the Tulsa area the
company determined to stay with the Tulsa decision and continue their move to the
Cherokee Industrial Park where they will employ approximately 700 people.
After Vanguard determined that the initial offer that had been made was no longer on
the table a series of discussions were conducted between officials from Vanguard, the
Tulsa Chamber and Owasso. The result of those discussions did not produce results,
however additional discussions between Vanguard and Owasso did result in Owasso
considering taking action to loan Vanguard a portion of the amount of the originally
offered incentive.
A joint meeting of the OEDA and Owasso City Council was conducted to discuss the
issue, a joint committee was established and final recommendations were developed.
The recommendation was that the City of Owasso, for economic development purposes,
provides relocation assistance to Vanguard Car Rental USA in the form of a no interest
loan in the amount of $2,000,000.
Vanguard/OEDA Loan Agreement
May 11, 2005
Page 2 of 4
On Thursday, January 13, 2005, the OEDA met in a regular session and during that
meeting approved OEDA Resolution #2005-02 (attached). That resolution authorized
and approved a "loan agreement" and "promissory note" between the OEDA and
Vanguard Car Rental USA, Inc. The resolution further authorized the Chairman to
execute all necessary documents required to accomplish the loan. The motion approving
the resolution contained a condition that such approval would not be final until receipt
and review of a Letter of Credit issued by Arvest Bank in the amount of $2 000 000
Subsequent to that action, further review of the loan agreement by all of the involved
parties has resulted in some changes to the proposed document. Though I consider those
changes to be less than major, it is my position that the OEDA Trustees should review
and authorize such.
REQUEST:
This request is for the approval of a revised "Loan Agreement" and "Promissory Note"
and authorization for the Chairman to execute those documents on behalf of the OEDA,
such action to be conditional upon the receipt and review of a Letter of Credit issued by
Arvest Bank to the OEDA and the City of Owasso.
PROPOSED CHANGES TO THE DOCUMENT:
Proposed changes to the Loan Agreement and Promissory Note include the following:
1. Section 1.3 on page one has been rewritten to allow the proceeds of the loan to be
used, if necessary, to reimburse the borrower for expenses associated with the
relocation of the company that were made plj2E to the date of the loan. The
company has paid most of the relocation expense and they want the
reimbursement for those expenses to be noted as an appropriate use of the funds.
2. Section 2 on page one has been rewritten to add an "intercreditor agreement"
between Arvest Bank and the OEDA, such agreement naming Arvest Bank as
Trustee for the receipt and disbursement of Quality Jobs proceeds and grants the
OEDA a "first and prior security interest" in such proceeds.
3. Section 2.1 of the originally approved document is deleted and removed.
4. Section 3.5 of the originally approved document is deleted and removed.
5. Section 4.1 of the originally approved document is deleted and removed.
6. Section 4.3 of the originally approved document has been rewritten but provides
essentially the same language.
7. Section 4.5 and 4.6 of the originally approved document is deleted and removed.
8. Section 5.1 has been changed to allow "on site only" inspection of the financial
records of the company. The originally approved document provided for such
financial records to "be provided" to the OEDA. Under the new language the
OEDA could have auditors, with two days notice on site to review and inspect
any of the company's financial records.
Vanguard/OEDA Loan Agreement
May 11, 2005
Page 3 of 4
9. Section 5.3 has been modified to allow the company to become a publicly held
corporation without violating the prohibition against "selling" the company
during the term of the Note.
10. Sections 5.4 and 5.5 of the originally approved document have been deleted.
11. Section 5.6(a) of the originally approved document requiring notice of all
litigation of $100,000 or more has been deleted. Such was a City of Owasso staff
suggestion after being informed of the large number of litigation in which the
company is annually involved.
12. Section 5.8 of the originally approved document has been rewritten but provides
essentially the same language.
13. Section 7 of the original document has been changed to trigger an event of default
after a ten (10) day notice of such by the OEDA.
14. Section 7.4 and 7.5 of the originally approved agreement relating to liens and
judgments has been removed, because the original language could render the
borrower in default without a serious financial problem just due to the large
amount of litigation in which the company is involved.
15. There are other minor word changes throughout the document that are not
specifically identified but do not change the intent of the originally approved
document.
16. The rate of interest on the unpaid portion of the loan, in the event of default is
changed to reflect a 6% rate rather than a 10% rate as originally proposed.
Attached, to assist in your review are copies of the originally approved document with
highlighted areas of change and the proposed agreement that also highlights the areas of
change.
Please note that Mr. Cates and I negotiated these changes. Because of Mr. Cates
resignation, I have asked Mr. Bob Buss (Charney, Buss, and Williams Law firm) to
review the final document. He has done so in conjunction and in consultation with Mr.
Cates.
RECOMMENDATION:
The staff recommends the OEDA approve the proposed Loan Agreement and Promissory
Note and authorize the Chairman to execute such upon the receipt and review of a Letter
of Credit in the amount of $2,000,000 from Arvest Bank made to the OEDA and the City
of Owasso.
Note:
Please note that all other documents, resolutions, and revenue anticipation notes have
been approved by the City Council and OEDA. Thus this document and receipt of the
Letter of Credit are the remaining issues.
Vanguard/OEDA Loan Agreement
May 11, 2005
Page 4 of 4
Further note that Vanguard has now provided financial information to Arvest Bank and it
appears that a "closing" on the loan, subject of course to OEDA action approving this
document, could take place within the next ten days.
ATTACHMENTS:
1. Memorandum to OEDA dated January 5, 2005 (background information)
2. Originally approved Loan Agreement and Promissory Note (approved January 13,
2005)
3. Proposed Loan Agreement and Promissory Note
4. Minutes from OEDA meeting of January 13, 2005
5. Minutes of the January 18, 2005 City Council meeting wherein Funds were
approved for transfer to OEDA
ATTACHMENT # 1
MEMORANDUM
TO: THE CHAIRMAN AND TRUSTEES
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST FOR APPROVAL OF DOCUMENTS RELATING TO
ECONOMIC DEVELOPMENT LOAN TO VANGUARD CAR
RENTAL USA
DATE: January 5, 2005
BACKGROUND:
For the past several months City and OEDA officials have worked to develop a plan that
would allow Owasso an opportunity to forge a mutually beneficial partnership with
Vanguard Car Rental USA and its principal owner, Mr. Bill Lobeck. The opportunity for
such a partnership developed after an offer of relocation assistance to the company by the
Tulsa Metropolitan Chamber of Commerce failed to be realized. You may recall that the
Tulsa Chamber offered Vanguard a four million dollar interest free loan as an incentive
for relocating their corporate offices to Tulsa. After the company decided to select Tulsa
and after entering into leasing agreements, the Tulsa Chamber failed to materialize their
offer leaving the company in a position of having to decide either to honor the leasing
agreements and other monetary commitments relating to the move or "write-off' those
expenses and relocate to another city. Fortunately for the Tulsa area the company
determined to stay with the Tulsa decision and continue their move to the Cherokee
Industrial Park where they will employ approximately 700 people.
After Vanguard determined that the initial offer that had been made was not on the table a
series of discussions were conducted between officials from Vanguard, the Tulsa
Chamber and Owasso. The result of those discussions did not produce results, however
additional discussions between Vanguard and Owasso did result in Owasso considering
taking action to loan Vanguard a portion of the amount of the originally offered
incentive.
A joint meeting of the OEDA and Owasso City Council was conducted to discuss the
issue, a joint committee was established and final recommendations were developed.
After much discussion a consensus was reached that brings the issue to this point. That
being the recommendation that the City of Owasso, for economic development purposes,
Relocation Loan Agreements for Vanguard Car Rental
January 5, 2005
Page 2 of 3
provide relocation assistance to Vanguard Car Rental USA in the form of a no interest
loan in the amount of $2,000,000.
THE CONCEPT:
The concept that was developed as the most efficient and less costly method of
accomplishing this loan was for the City to invest reserve funds in a "Revenue
Anticipation Note" (RAN) that would be issued by the Owasso Economic Development
Authority. The OEDA would then utilize the proceeds from the RAN to make a loan to
Vanguard. Based on a review of all of the funding options available this concept offers
the cleanest and lowest cost viable option. It does not impact the City's other debt or
create problems when the City begins funding capital programs by issuing debt.
THE PROCESS:
Should the OEDA and the City Council desire to proceed with the proposed loan using
the concept and parameters that has been developed by the staff and reviewed by the joint
committee the process would be as follows:
• OEDA consideration of a Resolution that authorizes a Revenue Anticipation Note
to the City of Owasso.
• OEDA consideration of a Resolution that authorizes the lending of the $2,000,000
to Vanguard.
• City Council consideration of a Resolution authorizing the lending of the
$2,000,000 to the OEDA and approving the Loan Agreement and Revenue
Anticipation Note.
• Closing on the loans.
THE DOCUMENTS:
The documentation necessary for the transaction as described is as follows:
• City of Owasso Resolution No. 2005-01 (Authorizing Resolution regarding
OEDA loan)
• Loan Agreement between the OEDA and the City of Owasso
• Revenue Anticipation Note between the OEDA and the City of Owasso
($2,000,000)
• OEDA Resolution No. 2005-01 (Authorizing Resolution regarding the
transaction with the City)
• OEDA Resolution No. 2005-02 (Authorizing Resolution for the Vanguard loan)
Relocation Loan Agreements for Vanguard Car Rental
January 5, 2005
Page 3 of 3
Loan Agreement between the OEDA and Vanguard
Promissory Note from Vanguard to the OEDA
THE SAFEGUARDS:
If approved, the Loan Agreement requires that Vanguard, in providing security for the
loan, pledge and assign the right to receive proceeds of the State of Oklahoma Quality
Jobs payments for repayment over a period not to exceed five (5) years. Additionally, the
document commits Vanguard to an equal, quarterly reduction of the principal in an
amount required to accomplish the "pay-off' of the loan in five (5) years. The Loan
Agreement requires the company to maintain a level of employment that at a minimum
will insure adequate funds for the reduction of the principal from the Oklahoma Quality
Jobs Act payments. The Loan Agreement also requires the company to pay off the loan
in the event the company should sell or the assets are sold and requires that should the
company decide to relocate its corporate headquarters prior to the repayment of the loan;
the note will become due immediately. Additionally, the entire process and approval of
all documents is strictly dependant upon the issuance of an irrevocable Letter of Credit in
the amount of $2,000,000.00 with the OEDA as Beneficiary of that Letter of Credit.
THE METHOD OF REPAYMENT:
The loan will be repaid by the payments directly paid over to the OEDA by the State of
Oklahoma on behalf of the company under the Quality Jobs Act. To the extent such
funds prove to be inadequate to repay the loan the remainder will come from the
corporate revenues of Vanguard.
RECOMMENDATION:
Staff recommends the OEDA approve the transaction outlined above and authorize the
appropriate officers to execute the necessary documentation.
ATTACHMENTS:
1. Resolution No. 2005-01
2. Loan Agreement between the OEDA and the City of Owasso
3. Revenue Anticipation Note between the OEDA and the City of Owasso
4. OEDA Resolution No. 2005-01
5. OEDA Resolution No. 2005-02
6. Loan Agreement between the OEDA and Vanguard
7. Promissory Note Vanguard to OEDA
ATTACHMENT # 2
APPROVED JANUARY 13, 2005
LOAN AGREEMENT
THIS LOAN AGREEMENT is made and entered into as of the day of
, 2005, by and between VANGUARD CAR RENTAL U.S.A., INC. a
corporation ("Borrower"'), and the OWASSO ECONOMIC DEVELOPMENT AUTHORITY,
an Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary ("OEDA").
THE LOAN.
1.1 Limits on Loan. Subject to the terms and conditions of this Agreement, OEDA
agrees to loan Borrower Two Million and No/100 Dollars ($2,000,000.00) ("Loan").
1.2 Note. Borrower shall execute and deliver to OEDA its promissory note
evidencing the Loan and payable to the order of OEDA in the principal amount of Two Million
and No/100 Dollars ($2,000,000.00) in substantially the form of Schedule "1.2" hereto (the
"Note").
1.3 Application of Proceeds. Borrower shall apply the funds received from OEDA
under the Loan for the purpose of, among other OEDA approved uses, financing relocation of its
corporate offices from Ft. Lauderdale, Florida to the Cherokee Industrial Park an industrial park
located in near proximity to the City of Owasso, Oklahoma in Tulsa County, State of Oklahoma _ . - - J comment: xE-wxrrrEN
2. SECURITY. As security for any indebtedness, obligations or liabilities of every
kind and description of the Borrower to OEDA, including without limitation all advances and
loans evidenced by the Note and any other advances and loans pursuant to this Agreement or any
other agreement, including extensions, renewals or changes in form of any note or other evidence
of indebtedness, and including indebtedness, obligations or liabilities now existing or hereafter
created, direct or indirect, absolute or contingent, joint and several or joint or several, due or to
become due, howsoever created, evidenced or arising and howsoever acquired by OEDA (all
hereinafter referred to as "Obligations"), Borrower, by these presents, assigns Borrower's right
to receive from the Department of Commerce of the State of Oklahoma payments pursuant to the
Oklahoma Quality Jobs Act. In conjunction herewith, the Borrower agrees to maintain a level of
employment which at a minimum will insure adequate funds from the Department of Commerce
of the State of Oklahoma for the reduction of the principal within five (5) years., comment: RE-wxrFTEN
2.1 Additional. Borrower also agrees to execute and deliver all other instruments,
agreements or documents required by the OEDA to perfect its security interests and liens in all
applicable jurisdictions - - 4 comment: DELETED
All of the foregoing security specified in this Section is hereinafter referred to as
"Collateral.'
- Comment: DELETED
--------------------------------------------------------
3. CONDITIONS PRECEDENT. The making of the loan provided for herein shall
be conditioned upon the following:
3.1 Loan Documents. All Loan Documents shall be executed and/or delivered to
OEDA, including without limitation the Note.
3.2 Certificate of Good Standing. At closing, Borrower shall deliver a Certificate of
Good Standing from its state of incorporation.
3.3 Irrevocable Letter of Credit. There shall be obtained from Arvest Bank an
Irrevocable Letter of Credit in the amount of $2,000,000.00, or so much of the Loan herein
provided for that shall remain unpaid, naming the OEDA and the City of Owasso, Oklahoma, as
Beneficiaries thereof. Such Irrevocable Letter of Credit shall remain effective during the entire
term of the Loan as well as any extensions or renewals thereof. The OEDA shall be responsible
for the prompt payment of the fee for such Irrevocable Letter of Credit.
3.4 Legal Opinion. At closing, Borrower shall deliver to OEDA a legal opinion
including the opinions set forth on Schedule "3.4" hereto, including only such assumptions and
restrictions which are acceptable to OEDA.
3.5 Financial Condition. No material adverse change, in the opinion of the OEDA,
shall have occurred in Borrower's or Guarantors' financial condition, since the date of the latest
financial information provided to OEDA
3.6 No Default. No Event of Default or any event which might mature into an Event
of Default hall have occurred.
3.7 Representations and Warranties. The representations, warranties and covenants
set forth in this Agreement shall be true and correct as of the date hereof.
3.8 General. OEDA shall have received in substance and form satisfactory to OEDA
all other certificates, affidavits, schedules, security agreements, legal opinions and other
documents which are provided for hereunder, or which OEDA may reasonably request.
REPRESENTATIONS AND WARRANTIES. To induce the OEDA to make the
loan, Borrower represents and warrants to OEDA that:
Comment: DELETED
4.1 uthorit . The execution and d4pry by Borrower of this Agreement and the
FfqTui"ed
rmancey it of its Obligations hereunder and under the instruments and other documents
hereby: (a) are and will be within its powers; (b) are not and will not be in contravention
the Articles of Incorporation or Bylaws of the corporation, any law or any indenture,
agreement or undertaking to which it or any of its property is bound; (d) do not require any
consent or approval (including governmental) which has not been given; (e) do not contravene
any statute, rule or regulation or any contractual or governmental restriction binding upon it; and
(f) will not result in the imposition of liens, charges or encumbrances on any of the properties or
assets of Borrower except as may be required pursuant to this Agreem_ - - - comment: DELETED
4.2 Binding Effect. This Agreement and all Loan Documents are legal, valid and
binding obligations, enforceable in accordance with their terms.
4.3 Financial Data. Any balance sheets, earnings statements and other financial data
which have been or shall hereafter be furnished to OEDA to induce it to make the Loan do, or, as
to subsequent financial statements will, fairly represent the financial condition of the Borrower
as of the date for which the same are furnished; have been prepared in accordance with generally
accepted accounting principles consistently applied; no material adverse change has since
occurred in the condition, financial or otherwise, of Borrower; reports and other papers and data
furnished to OEDA are or will be, at the time the same are so furnished, accurate and correct in
all material respects and complete insofar as completeness may be necessary to give the OEDA a
true and accurate knowledge of the subject matter. Borrower has not incurred any material
liabilities or made any material investments or guarantees, direct or contingent, either in any case
or in the aggregate, since the last statements provided to OEDA.
4.4 Liti ag tion. There is not now pending against the Borrower nor, to the knowledge
of the Borrower, is there threatened any litigation, legal or administrative proceedings,
investigation or any other action of any nature against it or affecting it.
4.5 Collateral. All of the Collateral granted to the OEDA hereunder is, and will be,
owned by the Borrower free and clear of all liens, claims or encumbrances whatsoever, except
for the rights herein granted to the OEDA and Borrower has good right to cause such Collateral
to be hypothecated to the OEDA as security for Borrower's obligations.
4.6 Taxes. Borrower has filed all tax returns required to be filed and paid all taxes
shown thereon to be due, including interest and penalties, if any, or provided adequate reserves
for the payment thereof.
4.7 Intentionally Blank.
Comment: DELETED
4.8 Intentionally Blank.;
5. AFFIRMATIVE COVENANTS. Borrower covenants and agrees that, until the
full and final payment of all the obligations, it will, unless the OEDA waives compliance in
writing:
5.1 Financial Statements. Make accessible to representatives of OEDA in form and
detail satisfactory to OEDA, and in such numbers of copies as OEDA may request:
(a) Quarterly. As soon as available and in any event within thirty (30) days
after the end of each fiscal quarter end, commencing with the quarter ending December
31, 2004, its balance sheet and income statement as of the close of such quarter, and for
that portion of the fiscal year ending with such quarter.
(b) Annual . As soon as available and in any event within sixty (60) days after
the close of each fiscal year of Borrower, commencing with the year ending December
31, 2004, its balance sheet and income statement as of the close of such yeani - - comment: RE-wRnTEN
5.2 Inspection. Permit any authorized representative of OEDA to visit and inspect any
of the properties of the Borrower, including any books and records, and to discuss its affairs and
finances, and as often as OEDA may reasonably request.
5.3 Conduct of Business. Maintain its corporate existence and use its best efforts to
maintain in full force and effect all licenses, leases, contracts and other rights necessary or
desirable to the profitable conduct of its business. Further, Borrower shall not relocate its
principal as well as primary business operations outside of the Cherokee Industrial Park located
in Tulsa County, State of Oklahoma. Additionally, Borrower shall neither assign, sell or transfer
its business in whole or in part by the assignment, sale, or transfer of any majority ownership
position therein nor assign., sell or transfer any assets of the corporation other than those
assignments, sales and transfers occurring in the normal course of the daily operations of
Borrower.! - Comment: DELETED
5.4 Intentionally Blank.
5.5 Payment of Taxes and Assessments. Duly pay and discharge, or cause to be paid
and discharged, all taxes, assessments and other governmental charges imposed upon it and its
properties or any part thereof, or upon the income or profits therefrom, as well as all claims for
labor, materials or supplies which if unpaid might by law become a lien or charge upon any
property of Borrower, except for such items as are being in good faith appropriately contested by
Borrower and with respect to which adequate reserves, satisfactory to the OEDA, are set aside
and maintained on the books of the Borrower. - I comment: DELETED
5.6 Notices. Promptly give written notice to OEDA of any of the following facts
coming to the attention of the Borrower, of
(a) Litigation affecting Borrower or any Guarantor where the amount
in any case or in the aggregate is One Hundred Thousand and No/100 Dollars
($ 100,000. 00) or more, and is not covered by insurance;
(b) Any substantial dispute which may exist between Borrower and any
governmental regulatory body or law enforcement authority;
(c) Any labor controversy resulting in or threatening to result in a strike; and
(d) Any Event of Default under the terms of this Agreement or of any
instruments
provided for herein!, -_____________________------_______________--_- Comment: DELETED
5.7 Insurance. Maintain insurance with a responsible and reputable insurer in such
amounts and covering such risks as is usually carried by companies engaged in similar
businesses at similar locations.
5.8 Further Assurances. Borrower will promptly cure any defects in the issuance of
the Note and the execution of this Agreement and any other instrument or documents referred to
or mentioned herein. Borrower will immediately execute and deliver to the OEDA upon request
all such other and further instruments as may be required or desired by the OEDA from time to
time in compliance with or in accomplishment of the covenants and agreements of Borrower
made in this Agreement and other such instruments and documents referred to or mentioned
herein, or to further evidence and more fully describe the properties intended as security for the
Note; also, to correct any omission in any exhibits or to perfect any security interests or liens, to
make- any recordings, to file any notices or to obtain any consents, all as may be necessary or
appropriate in connection therewith.
Comment: DELETED
5.9 Intentionally Blank. ,
Comment: DELETED
6. Intentionally Blank.[ '
7. EVENTS OF DEFAULT. The occurrences of any of the following events shall
constitute an Event of Default hereunder:
7.1 Nonpayment. Nonpayment when due of any installment of interest or -principal in
accordance with the terms of any promissory note or other instrument evidencing Borrower's
indebtedness to OEDA or nonpayment when due of any other sums payable by Borrower to
OEDA. - comment: RE -WRITTEN
7.2 Representations and Warranties. Any representation or warranty made to OEDA
by the Borrower or which is contained in any certificate, document, opinion, or financial or other
statement furnished at any time under or in connection with any Loan Documents shall prove to
have been incorrect, incomplete, or misleading in any material respect on or as of the date made
or deemed made.
7.3 Covenants. The Borrower shall fail to perform or observe any term, covenant, or
agreement contained herein or in any other Loan Documents.
7.4 Involuntary Lien. The attachment of any involuntary lien in the sum of One
Hundred Thousand and No/100 Dollars ($100,000.00) or more, of any kind or character, upon
the assets or property of the Borrower, except for taxes due but not in default.', f comment: DELETED
7.5 Judgment. The entry against Borrower of any judgment in the amount of One
Hundred Thousand and No/100 Dollars ($100,000.00) or more on a claim not covered by
insurance which has not been dismissed within ten (10) days from judgment, or the entry against
Borrower of judgments totaling in excess of One Hundred Thousand and No/100 Dollars
($100,000.00) in any three (3) months' period. _ - I comment: DELETED
7.6 Act of Insolvency. If Borrower or any Guarantor shall (i) apply for or consent to
the appointment of a receiver, trustee or liquidator of itself, or of all or a substantial part of its
assets; (ii) admit in writing its inability to pay its debts as they fall due; (iii) make a general
assignment for the benefit of its creditors; (iv) be adjudicated a Bankrupt or insolvent; or (v) file
a voluntary petition in Bankruptcy or file a petition or answer seeking reorganization or an
arrangement with creditors or seeking to take advantage of any insolvency law or admit (by
answer, default or otherwise) the material allegations of a petition filed against it in any
Bankruptcy, reorganization, arrangement or insolvency proceeding, or take or omit to take any
action for the purpose or with the result of effecting any of the foregoing.
7.7 Involuntary Bankruptcy. An order, judgment or decree by any court of competent
jurisdiction shall be entered, adjudicating the Borrower or any Guarantor to be Bankrupt or
insolvent; without the application, approval or consent of the Borrower or any Guarantor,
approving a petition seeking reorganization of the Borrower or any Guarantor or appointing a
receiver, trustee or liquidator of the Borrower or any Guarantor or all or a substantial part of any
of its or their assets. I , _ -i comment: DELETED
7.8 Condemnation. The condemnation, seizure or appropriation of all, or such as in
the opinion of OEDA constitutes substantially all, of the property of Borrower.
7.9 Suspension of Business. The voluntary or involuntary suspension of business by
Borrower for a period deemed by OEDA to substantially adversely affect Borrower's ability to
repay the obligations.
7.10 Default of Other Oblilzations. Any event of default as defined in any loan or
similar agreement to which the Borrower is now or hereafter a party, or any other event pursuant
to which any holder or holders of indebtedness of Borrower may declare the same due and
payable, or the failure to pay any such indebtedness when due, shall occur and shall continue for
more than the period of grace, if any, provided with respect thereto.
7.11 General Default. The breach of, or default under, any covenant, agreement, term,
condition, provision, representation or warranty contained in this Agreement or in any agreement
or instrument executed in connection herewith 6r,as security for any of the Obligations,._ by
Borrower not specifically referred to in this Section_ _ _ _ _ _ _ comment: DELETED
8. REMEDIES. If any one or more Events of Default shall occur and be continuing,
OEDA may without notice, presentment or demand, proceed to protect and enforce all or any of
the rights with respect thereto contained in this Agreement or any other Loan Documents, or may
proceed to enforce payment of all indebtedness due hereunder or enforce any other legal or
equitable rights or exercise any other legal or equitable remedies, or cure or remedy any default
by Borrower for the purpose of preserving the Propert�_All rights, remedies or powers conferred , - - comment: DELETED
upon OEDA shall be cumulative and not exclusive of any other rights, remedies or powers
available. No delay or omission to exercise any right, remedy or power, shall impair any such
right, remedy or power, or shall be construed to be a waiver of any Event of Default or an
acquiescence therein. Any such right, remedy or power may be exercised from time to time,
independently or concurrently, and as often as shall be deemed expedient. No waiver of any
Event of Default shall extend to any subsequent Event of Default. No single or partial exercise of
any right, remedy or power shall preclude other or further exercise thereof. Bon-ower covenants
that if an Event of Default shall happen and be continuing it will pay costs of court and other out-
of-pocket expenses paid or incurred by OEDA in collecting the amounts due pursuant to this
Agreement, the Note, or any other Loan Documents, including attorneys fees, together with
interest on amounts so expended from the respective dates of each expenditure at an annual rate
equal to the rate accruing under the Note.
GENERAL.
9.1 Definitions. As used herein:
(a) "Person" shall mean any individual, corporation, limited liability
company, partnership, trust or unincorporated organization, or a government or any
agency or political subdivision thereof.
(b) "this Agreement" shall include all amendments, modifications and
supplements and shall refer to this Agreement as the same may be in effect at the time
such reference becomes operative.
(c) "Loan Documents" shall mean this Agreement, the Note, and the other
instruments, documents and agreements executed and/or presented to OEDA as required
under this Agreement.
9.2 Notices. All notices, consents, waivers, and other communications under this
Agreement must be in writing and will be deemed to have been duly given when (a) delivered by
hand with written confirmation of receipt), (b) sent by telecopier (with written confirmation of
receipt), provided that a copy is mailed by registered mail, return receipt requested, or (c) when
received by the addressee, if sent by a nationally recognized overnight delivery service (receipt
requested), in each case to the appropriate addresses and telecopier numbers set forth below (or
to such other addresses and telecopier numbers as a party may designate by notice to the other
parties):
The Borrower:
Vanguard Car Rental, U.S.A.
200 South Andrews Ave.
Ft. Lauderdale, F133301
Attn: Howard Swartz, General Counsel
Facsimile No.:
The OEDA:
Owasso Economic Development Authority
111 North Main St.
Owasso, OK 74055
Attn: Rickey Hayes, Economic Development DirectorL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment: CHANGED
Facsimile No.: (918) 376-1599
or at such other address as any party shall designate for itself in writing to the other parties. Any
notice hereunder shall be deemed effective when actually received or when placed in the United
States malls, postage prepaid, certified mail, return receipt requested.
9.3 OEDA Making Required Pam. In the event the Borrower shall fall to
maintain insurance, or to pay taxes, assessments, costs, fees or expenses which the Borrower is
required to pay, under any of the terms hereof or of any instrument or agreement securing any of
the Obligations or executed in connection herewith or therewith including, without limitation,
costs and expenses incurred as provided for in this paragraph, or fail to keep the Collateral free
from other security interests, liens or encumbrances, except as permitted herein, OEDA may at
its election make expenditures for any or all such purposes and the amount so expended, together
with interest thereon at the rate accruing under the Note, shall become immediately due and
payable by Borrower to OEDA; but OEDA shall be under no duty or obligation whatever with
respect to any of the foregoing expenditures. All costs and reasonable attorney's fees and legal
expenses shall likewise constitute additional indebtedness of Borrower which Borrower promises
to pay on demand and which shall be entitled to the benefits of and be secured by the Collateral.'
i -j comment: DELETED
9.4 Intentionally Blank _ - j comment: DELETED
9.5 Setoff, Etc. Upon the occurrence of an Event of Default, any indebtedness owing
from OEDA to Borrower including, without limitation, any general or special deposit account,
may be set off or otherwise applied by OEDA under a general lien covering such indebtedness
on any indebtedness or liability of the Borrower under the Note or this Agreement to OEDA at
any time and from time to time, either before or after maturity, and without demand or notice to
anyone. It is understood that the OEDA may sell participation in loans made hereunder, and
Borrower agrees that any such participant shall have the same right of setoff or other application
under the general lien as herein granted to OEDA.
9.6 Intentionally Blank _ _ _ _ - - - i comment: DELETED
9.7 Nonwaiver of Rights. No delay or omission to exercise any right, power or
remedy accruing to OEDA upon any agreement or instrument executed pursuant hereto or in
connection herewith shall impair any such right, power or remedy of OEDA nor shall it be
construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in
any similar breach or default thereafter occurring; nor shall any waiver of any single breach or
default be deemed a waiver of any other breach or default theretofore occurring. Any waiver,
permit, consent or approval of any kind or character on the part of OEDA of any breach or
default or condition to the making of any loans under this Agreement, or any waiver on the part
of OEDA of any provision or condition of this Agreement or any agreement or instrument
executed pursuant hereto or in connection herewith, must be in writing signed by OEDA and
shall be effective only to the extent such writing specifically sets forth. All remedies, either
under this Agreement or by law or otherwise, afforded to OEDA shall be cumulative and not
alternative.
9.8 Applicable Law. This Agreement has been delivered and accepted in, and shall be
a contract made under and shall be entered into and governed by the laws of the State of
Oklahoma. The Note shall be deemed to be an obligation made under and shall be construed in
accordance with and governed by the laws of the State of Oklahoma. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid
under applicable law, but if any provision of this Agreement shall be prohibited by or invalid
under the applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement.
9.9 Binding Effect. This Agreement shall be binding upon the Borrower and the
OEDA and their respective successors and assigns, and shall inure to the benefit of the OEDA
and the successors and assigns of the OEDA.
9.10 Headings. The Section and paragraph headings of this Agreement are for
convenience and shall not affect, limit or expand any term or provision hereof.
9.11 Severability. If any part of this Agreement and Loan documents is held invalid or
illegal, the remainder of this Agreement shall not be affected thereby.
"Borrower"
Vanguard Car Rental U.S.A., Inc.
By_
Name
Title
OEDA
Owasso Economic Development Authority
By
Name: Scott Yandell
Title: Chairman
10
Schedule "1.2"
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned, Vanguard Car Rental U.S.A., Inc., its successors and assigns
(collectively, the "Borrower"), promises to pay to the order of the Owasso Economic Development Authority of
Owasso, Oklahoma, its successors and assigns (collectively, the "Authority") at its principal office at I I I N. Main,
Owasso, Tulsa County, Oklahoma 74055, or at such other place as may be designated in writing by the Authority, the
principal sum of TWO MILLION AND NO/100 DOLLARS ($2,000,000.00) or so much thereof as shall have been
advanced hereon shall be due and payable on or before the _ day of , 2010. The
Borrower shall repay the principal by making quarterly installment payments to the Authority in an amount not less
than One Hundred Thousand and No/100 Dollars ($100,000.00) per quarter for a period of five (5) years or ® _ _ - Comment: DELETED
the principal shall have been paid, whichever the sooner. The initial installment shall be paid on or before the
day of , 2005. No Interest on the unpaid portion of the principal balance computed from the date
of each advance shall be due; however, if and in the event the Borrower shall default in making any payments as
called for hereunder or otherwise failing to perform covenants herein contained or as set forth in that certain Loan
Agreement between the Borrower and the Authority then, from such date of default or nonperformance until principal
is paid in full, interest shall be calculated at the rate of ten percent (10%) per annum thereupon shall be due a_nd _ _ - Comment: CHANGED
payable on or before the _ day of 2005 and the 1 day of
of each successive year thereafter until paid in full.
The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If
any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment
shall be due and payable on the next succeeding banking day and interest shall accrue to such day.
All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the
indebtedness evidenced by this Note) severally waive demand, presentment, notice of dishonor, protest, notice of
protest, and diligence in collecting this Promissory Note and diligence in bringing and prosecuting suit against any
party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral
before or after maturity, with or without notice, shall release or discharge the obligation of any party.
Upon the failure to pay when due the principal and or interest, the holder hereof shall be entitled, at its option, to
extend the term or declare the unpaid principal balance of this Note to be immediately due and payable. A failure by
such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any
subsequent default. After maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a
rate of interest of ken percent (10%) per annum. If this Note is placed with an attorney for collection upon any__ _ - Comment: CHANGED
default, or to defend or enforce any rights of the holder(;) hereunder or any instrument securing payment of this Note,
or if this Note is collected through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable
attorney fees of the holder(s) of this Note and all reasonable costs and expenses incurred in connection therewith.
Dated this _ day of 2005
Vanguard Car Rental U.S.A., Inc.
By
CD
ATTACHMENT # 3
PROPOSED LOAN AGREEMENT &
PROMISSORY NOTE
LOAN AGREEMENT
THIS LOAN AGREEMENT is made and entered into as of the day of
2005, by and between VANGUARD CAR RENTAL USA INC., a
Delaware corporatio ("Borrower"'), and the OWASSO ECONOMIC DEVELOPMENT _ _ _ _ _ _ _ - - - comment: ADDED
AUTHORITY, an Oklahoma Public Trust having the City of Owasso, Oklahoma as its
beneficiary ("OEDA").
1. THE LOAN.
1.1 Limits on Loan. Subject to the terms and conditions of this Agreement, OEDA
agrees to loan Borrower Two Million and No/100 Dollars ($2,000,000.00) ("Loan").
1.2 Note. Borrower shall execute and deliver to OEDA its promissory note
evidencing the Loan and payable to the order of OEDA in the principal amount of Two Million
and No/100 Dollars ($2,000,000.00) in substantially the form of Schedule "1.2" hereto (the
"Note").
1.3 Use of Proceeds. The proceeds of the Loan shall be used by Borrower to finance
the relocation of Borrower's corporate offices to the Cherokee Industrial Park, an industrial park
located in near proximity to the City of Owasso, Oklahoma in Tulsa County, State of Oklahoma,
or to reimburse Borrower for funds previously spent in connection with its relocation. - , - comment: RE -WRITTEN
2. SECURITY. As security for the Loan, Borrower shall grant a first and prior
security interest (which security interest shall not exceed $4,000,000.00) in the proceeds of the
Oklahoma Quality Jobs Program payable under the Quality Jobs Contract, dated March 25, 2004,
between the Department of Commerce, State of Oklahoma and Borrower to Arvest as Trustee
under an Intercreditor Agreement, dated , 2005, among Metropolitan Tulsa Chamber
of Commerce, a non -for profit corporation, OEDA and Arvest. The Intercreditor Agreement
shall, among other things, grant to OEDA a first and prior security interest which security - _ - comment: RE -WRITTEN
interest shall not exceed an amount sufficient to repay in full any outstanding balance of the
Loan) in the proceeds of the Oklahoma Quality Jobs Program.
3. CONDITIONS PRECEDENT. The making of the loan provided for herein shall
be conditioned upon the following:
3.1 Loan Documents. All Loan Documents shall have been executed and/or delivered
to OEDA, including without limitation the Note.
3.2 Certificate of Good Standine. At closing, Borrower shall have delivered a
Certificate of Good Standing from its state of incorporation.
3.3 Irrevocable Letter of Credit. There shall be obtained from Arvest Bank and
Irrevocable Letter of Credit in the amount of $2,000,000.00, or so much of the Loan herein
provided for that shall remain unpaid, naming the OEDA and the City of Owasso, Oklahoma, as
Beneficiaries thereof. Such Irrevocable Letter of Credit shall remain effective during the entire
term of the Loan as well as any extensions or renewals thereof. The OEDA shall be responsible
for the prompt payment of the fee for such Irrevocable Letter of Credit.
3.4 Legal Opinion. At closing, Borrower shall deliver to OEDA a legal opinion
including the opinions set forth on Schedule "3.4" hereto.
3.5 No Default. No Event of Default shall have occurred and be continuing.
3.6 Representations and Warranties. The representations, warranties and covenants
set forth in this Agreement shall be true and correct in all material respects as of the date hereof.
3.7 General. OEDA shall have received in substance and form reasonably satisfactory
to OEDA all other certificates, schedules, legal opinions and other documents which are
provided for hereunder, or which OEDA may reasonably request.
4. REPRESENTATIONS AND WARRANTIES. To induce the OEDA to make the
loan, Borrower represents and warrants to OEDA that:
4.1 Financial Data. Any balance sheets and income statements which have been, or
shall hereafter be, furnished to OEDA for inspection fairly presents,_ or will fairly present, the , , - Comment: RE -WRITTEN
financial condition of the Borrower as of the date for which the same are furnished; have been, or
will be, prepared in accordance with generally accepted accounting principles consistently
applied; no material adverse change has since occurred in the financial condition of Borrower; all
such balance sheets and income statements furnished to OEDA for inspection are, or will be, at
the time the same are so furnished, accurate and correct in all material respects and complete
insofar as completeness may be necessary to give the OEDA a true and accurate knowledge of
the financial condition . of Borrower. _ _ _ _ _ _ _ _ _ _ _ _ _ _ , , - Comment: ADDED
4.2 Binding. This Agreement and all Loan Documents are legal, valid and
binding obligations, enforceable in accordance with their terms.
5. AFFIRMATIVE COVENANTS. Borrower covenants and agrees that, until the
full and final repayment of the Loan, it will, unless the OEDA waives compliance in writing:
5.1 Financial Statements. Upon receipt of a two Business Day written notice from
OEDA, Borrower shall make the following financial statements available for inspection only by
authorized representatives of OEDA at Borrower's corporate headquarters until and unless
Borrower becomes a publicly held company: , - Comment: RE -WRITTEN
(a) Quarterly Financial Statements. Commencing with the fiscal quarter
ending December 31, 2004, Borrower shall make available for inspection only its balance , , - Comment: ADDED
sheet and income statement as of the close of such quarter and for each subsequent fiscal
quarter during the term of the Loan as soon as the financial statements are available.
(b) Annual Financial Statements. Commencing with the fiscal year ending
December 31, 2004, Borrower shall make available for inspection only its balance sheet _ - comment: ADDED
and income statement as of the close of such year and for subsequent fiscal years during
the term of the Loan as soon as the financial statements are available.
5.2 Conduct of Business. Maintain its corporate existence and use its best efforts to
maintain in full force and affect all licenses, leases, contracts and other rights necessary or
desirable to the profitable conduct of its business. Further, during the term of the Loan,
Borrower shall not relocate its principal office as well as primary business operations outside of
the Cherokee Industrial Park located in Tulsa County, State of Oklahoma.
5.3 Notices. Promptly give written notice to OEDA of any substantial dispute which
may exist between Borrower and anygoverninental regulatory body or law enforcement
authority.
5.4 Further Assurances. Borrower will promptly cure any defects in the issuance of
the Note and the execution of this Agreement and any other instrument or documents referred to
or mentioned herein. Borrower will immediately execute and deliver to the OEDA upon request
all such other and further instruments as may be required or desired by the OEDA from time to
time in compliance with or in accomplishment of the covenants and agreements of Borrower
made in this Agreement and other such instruments and documents referred to or mentioned
herein, or to correct any omission in any schedules, or to file any notices or to obtain any
consents, all as may be necessary or appropriate in connection therewith.
6. EVENTS OF DEFAULT. It shall be an event of default under this Agreement if
any one of the following shall occur and be continuing:
6.1 Nonpayment. Failure to pay, when due, any quarterly installment of the principal
in accordance with the terms of the Note, and such failure shall continue unremedied for a period
of ten (10) business day4after a notice to cure shall have been given to the Borrower by OEDA. - - - f comment: ADDED
6.2 Covenants. The failure of Borrower to perform, observe or comply with any of
the covenants contained in Section 5 of this Agreement, and such failure shall continue
unremedied for a period of ten (10) business days after a written notice to cure shall have been
given to Borrower by OEDA.
6.3 Act of Insolvency. If Borrower shall (i) apply for or consent to the appointment of
a receiver, trustee or liquidator of itself, or of all or a substantial part of its assets; (ii) admit in
writing its inability to pay its debts as they fall due; (iii) make a general assignment for the
benefit of its creditors; (iv) be adjudicated as Bankrupt or insolvent; or (v) file a voluntary
petition in Bankruptcy or file a petition or answer seeking reorganization or an arrangement with
creditors or seeking to take advantage of any insolvency law or admit (by answer, default or
otherwise) the material allegations of a petition filed against it in any Bankruptcy, reorganization,
arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with
the result of effecting any of the foregoing.
6.4 Involuntary Bankruptcy. An order, judgment or decree by any court of competent
jurisdiction shall be entered, adjudicating the Borrower to be Bankrupt or insolvent; without the
application, approval or consent of the Borrower, approving a petition seeking reorganization of
the Borrower or appointing a receiver, trustee or liquidator of the Borrower or all or a substantial
part of any of its assets.
6.5 Condemnation. The condemnation, seizure or appropriation of all or such as in the
opinion of OEDA constitutes substantially all, of the property of Borrower.
6.6 Suspension of Business. The voluntary or involuntary suspension of business by
Borrower for a period deemed by OEDA to substantially adversely affect Borrower's ability to
repay the Loan.
6.7 Default of Other Obligations. Any event of default as defined in any loan or
similar agreement to which the Borrower is now or hereafter a party, or any other event pursuant
to which any holder or holders of indebtedness of Borrower may declare the same due and
payable, or the failure to pay any such indebtedness when due, shall occur and shall continue for
more than the period of grace, if any, provided with respect thereto.
6.8 General Default. The breach of, or default under, any covenant, agreement, term,
condition, provision, representation or warranty contained in this Agreement or in any agreement
or instrument executed in connection herewith.
7. REMEDIES. If any one or more Events of Default shall occur and be continuing,
OEDA may without notice, presentment or demand, proceed to protect and enforce all or any of
the rights with respect thereto contained in this Agreement or any other Loan Document, or may
proceed to enforce payment of all indebtedness due hereunder or enforce any other legal or
equitable rights or exercise any other legal or equitable remedies, or cure or remedy any default
by Borrower. All rights, remedies or powers conferred upon OEDA shall be cumulative and not
exclusive of any other rights, remedies or powers available. No delay or omission to exercise any
right, remedy or power, shall impair any such right, remedy or power, or shall be construed to be
a waiver of any Event of Default or an acquiescence therein. Any such right, remedy or power
may be exercised from time to time, independently or concurrently, and as often as shall be
deemed expedient by OEDA. No waiver of any Event of Default shall extend to any subsequent
Event of Default. No single or partial exercise of any right, remedy or power shall preclude other
or further exercise thereof. Borrower covenants that if an Event of Default shall occur, it will pay
court costs and other reasonable out-of-pocket expenses paid or incurred by OEDA in collecting
the amounts due pursuant to this Agreement, the Note, or any other Loan Document, including
attorney's fees, together with interest on amounts so expended from the respective dates of each
expenditure at an annual rate equal to the rate accruing under the note.
8. GENERAL.
8.1 Definitions. As used herein:
(a) "Person" shall mean any individual, corporation, limited liability
company, partnership, trust or unincorporated organization, or a government or any
agency or political subdivision thereof.
(b) "this Agreement" shall include all amendments, modifications and
supplements and shall refer to this Agreement as the same may be in effect at the time
such reference becomes operative.
(c) "Loan Documents" shall mean this Agreement, the Note, and the other
instruments, documents and agreements executed and/or presented to OEDA as required
under this Agreement.
8.2 Notices. All notices, consents, waivers, and other communications under this
Agreement must be in writing and will be deemed to have been duly given when (a) delivered by
hand with written confirmation of receipt, (b) sent by telecopier (with written confirmation of
receipt), provided that a copy is mailed by registered mail, return receipt requested, or (c) when
received by the addressee, if sent by a nationally recognized overnight delivery service (receipt
requested), in each case to the appropriate addresses and telecopier numbers set forth below (or
to such other addresses and telecopier numbers as a party may designate by notice to the other
parties):
The Borrower:
Vanguard Car Rental USA Inc.
6929 Lakewood Avenue, Suite 100
Tulsa, OK 74117
Attn: Howard Schwartz, General Counsel
Facsimile No.: (9180 401-6040
The OEDA:
Owasso Economic Development Authority
111 North Main St.
Owasso, OK 74055
Attn: Rodney J. Ray, City Manager, City of Owasso _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment: CHMGEo
Facsimile No.: (918) 376-1599
or at such other address as any party shall designate for itself in writing to the other parties. Any
notice hereunder shall be deemed effective when actually received or when placed in the United
States mail, postage prepaid, certified mail, return receipt requested.
8.3 Nonwaiver of Rights. No delay or omission to exercise any right, power or
remedy accruing to OEDA upon any agreement or instrument executed pursuant hereto or in
connection herewith shall impair any such right, power or remedy of OEDA nor shall it be
construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in
any similar breach or default thereafter occurring; nor shall any waiver of any single breach or
default be deemed a waiver of any other breach or default theretofore occurring. Any waiver,
permit, consent or approval of any kind or character on the part of OEDA of any breach or
default or condition to the making of the Loan, or any waiver on the part of OEDA of any
provision or condition of this Agreement or any agreement or instrument executed pursuant
hereto or in connection herewith, must be in writing signed by OEDA and shall be effective only
to the extent such writing specifically sets forth. All remedies, either under this Agreement or by
law or otherwise, afforded to OEDA shall be cumulative and not alternative.
8.4 Setoff, Etc. Upon the occurrence of an Event of Default, any indebtedness owing
from OEDA to Borrower including, without limitation, any general or special deposit account,
may be set off or otherwise applied by OEDA under a general lien covering such indebtedness
on any indebtedness or liability of the Borrower under the Note or this Agreement to OEDA at
any time and from time to time, either before or after maturity, and without demand or notice to
anyone. It is understood that the OEDA may sell participation in loans made hereunder, and
Borrower agrees that any such participant shall have the same right of setoff.
8.4 Applicable Law. This Agreement has been delivered and accepted in, and shall be
a contract made under and shall be entered into and governed by the laws of the State of
Oklahoma. The Note shall be deemed to be an obligation made under and shall be construed in
accordance with and governed by the laws of the State of Oklahoma. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner as to be effective and valid
under applicable law, but if any provision of this Agreement shall be prohibited by or invalid
under the applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement.
8.5 Binding Effect. This Agreement shall be binding upon the Borrower and the
OEDA and their respective successors and assigns, and shall inure to the benefit of the OEDA
and the successors and assigns of the OEDA.
8.6 Headinjzs. The Section and paragraph headings of this Agreement are for
convenience and shall not affect, limit or expand any term or provision hereof.
8.7 Severability. If any part of this Agreement and Loan documents is held invalid or
illegal, the remainder of this Agreement shall not be affected thereby.
8.8 Integration. This Agreement represents the entire agreement of the Borrower and
OEDA with respect to the subject matter hereof, and there are no promises, undertakings,
representations or warranties by the Borrower or OEDA in connection with the subject matter
hereof not expressly set forth or referred to herein or in the other Loan Documents.
"Borrower"
Vanguard Car Rental USA Inc.
By_
Name
Title
OEDA'
Owasso Economic Development Authority
By
Name: Scott Yandell
Title: Chairman
Schedule "1.2"
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned, Vanguard Car Rental USA Inc., its successors and
assigns (collectively, the `Borrower"), promises to pay to the order of the Owasso Economic
Development Authority of Owasso, Oklahoma, its successors and assigns (collectively, the
"Authority") at its principal office at 111 N. Main, Owasso, Tulsa County, Oklahoma 74055, or at
such other place as may be designated in writing by the Authority, the principal sum of TWO
MILLION AND N0/100 DOLLARS ($2,000,000.00) or so much thereof as shall have been
advanced hereon which shall be due and payable on or before the day of
, 2010. The Borrower shall repay the principal by making quarterly
installment payments to the Authority in an amount not less than One Hundred Thousand Dollars
($100,000.00) per quarter for a period of five (5) years or until, the principal shall have been paid, , , - Comment: ADD'
whichever is sooner. Except as provided under Section 6.1 of that certain Loan Agreement of
even date herewith, between Borrower and Authority, all amounts due and payable under this
Promissory Note shall be made by Arvest Bank to Authority from the collateral account
established by Borrower at the Tulsa, Oklahoma offices of Arvest Bank. The initial installment
shall be paid on or before the day of , 2005. No Interest on the unpaid
portion of the principal balance computed from the date of each advance shall be due; however, if
and in the event the Borrower shall default in making any payments as called for hereunder or
otherwise fail to perform covenants herein contained or as set forth in that certain Loan
Agreement between the Borrower and the Authority, the non-performance of which could
reasonably be expected to have a material adverse effect on the ability of Borrower to repay this
Note, then, from such date of default or non-performance until principal is paid_in_full, interest_ _ , - comment: RE-wRMEN
c shall be alculated at the rate of six percent (6-%-) per annum thereupon shall be due and payole _ - comment: CHANCED
from such date of default and the first (1") day of each month of each successive year thereafter
until paid in full.
The Borrower may prepay this Promissory Note, in whole or in part, at any time prior to the due
date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any
banking holiday of the holder hereof, such payment shall be due and payable on the next
succeeding banking day and interest shall accrue to such day.
All parties to this Promissory Note and other parties hereafter liable for payment of all or any
portion of the indebtedness evidenced by this Promissory Note,_ severally_ waive_ demand,_, _ - comment: RE-wRnTEN
presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this
Promissory Note and diligence in bringing and prosecuting suit against any party bound hereby,
and agree that no extension, renewal or partial payment, or release or substitution of collateral
before or after maturity, with or without notice, shall release or discharge the obligation of any
party.
Upon the failure to pay when due the principal and or interest, the holder hereof shall be entitled,
at its option, to extend the term or declare the unpaid principal balance of this Promissory Note to
be immediately due and payable. A failure by such holder to exercise such option will not
constitute a waiver of the right to exercise the same in the event of any subsequent default. After
maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a rate of
interest of six percent (6%) per annum. If this Promissory Note is placed with an attorney for
collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any
instrument securing payment of this Promissory Note, or if this Promissory Note is collected
through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable
attorney fees of the holder(s) of this Note and all reasonable costs and expenses incurred in
connection therewith.
Dated this _ day of , 2005
Vanguard Car Rental USA Inc.
M
10
ATTACHMENT # 4
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
MINUTES OF REGULAR MEETING
Thursday, January 13, 2005
The Owasso Economic Development Authority met in regular session on Thursday, January 13,
2005 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and
Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, January 7, 2005.
ITEM 1: CALL TO ORDER & ROLL CALL
Chairman Scott Yandell called the meeting to order at 10:05AM.
PRESENT
Scott Yandell, Chair
Brenda Lawrence, Trustee
Dee Sokolosky, Secretary
Steve Cataduella, Trustee
Gary Akin, Trustee
Frank Enzbrenner, Vice -Chair
ABSENT
Tom Kimball, Trustee
STAFF
Rodney Ray, City Manager
Sherry Bishop, Finance Director
Rickey Hayes, Economic Development Director
Juliann Stevens, Administrative Assistant
Corey Tisdale, Managerial Intern
A quorum was declared present.
OTHERS
Brent Colgan
Randy Cowling, Owasso Reporter
(arrived at 11:10 AM)
Ana Stagg, Public Works Director
Joe Nurre, Public Works
Eric Wiles, Community Development
Ron Cates, City Attorney
ITEM 2: REQUEST APPROVAL OF MINUTES OF THE DECEMBER 9, 2004 REGULAR
MEETING.
Mr. Cataudella moved, seconded by Ms. Lawrence, to approve the minutes of the
December 9, 2004 regular meeting, by reference made a part hereto.
AYE: Cataudella, Lawrence, Akin, Enzbrenner, Yandell, Sokolosky
NAY: None
ABSTAIN:
Motion carried 6-0.
Owasso Economic Development Authority
ITEM 3: REQUEST APPROVAL OF CLAIMS.
No Claims
AYE: None
NAY: None
ABSTAIN: None
ITEM 4: PRESENTATION OF FINANCIAL REPORT.
January 13, 2005
Ms. Bishop was present. After a review of the report, no questions were asked of Ms.
Bishop.
ITEM 5: UPDATE FROM ECONOMIC DEVELOPMENT DIRECTOR
Mr. Hayes reported on economic development activities in the city. Mr. Hayes
provided information on potential tenants of the Waterford Place and Smith Farm
Marketplace, as well as, invited all members to attend a ground breaking ceremony,
scheduled for February, for The Owasso Hospital.
ITEM 6: REPORT FROM COMMUNITY DEVELOPMENT DIRECTOR
Mr. Wiles introduced Chip McCully, City Planner and provided an update on the
December building permit report, commented on the residential building within the
City, and provided information regarding upcoming items before the Annexation
Committee and Planning Commission.
ITEM 7: REPORT FROM PUBLIC WORKS DIRECTOR
Ana Stagg, Public Works Director gave a brief report on various street development
projects, and other Public Works related items.
ITEM 8: REPORT FROM OEDA MANAGER
No Report.
-2-
Owasso Economic Development Authority
January 13, 2005
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION REALTING TO A REQUST
FOR TRUSTEE APPROVAL OF RESOLUTION No. 2005-01, A RESOLUTION
AUTHORIZING A LOAN AGREEMENT AND REVENUE ANTICIPATION NOTE
BETWEEN THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY AND
THE CITY OF OWASSO, AND AUTHORIZATION OF THE CHAIRMAN TO
EXECUTE ALL NECESSARY DOCUMENTS RELATED THERETO.
Discussions were held relating to the contents of the Loan Agreement and Revenue
Anticipation Note. Mr. Sokolosky requested a typing error be corrected to properly
reflect the secretary of the OEDA for signature. A motion was made by Mr.
Cataudella to approve Resolution No. 2005-01, contingent upon the City Council's
approval of a transfer of funds in the amount of $71,250 from the General Fund to the
OEDA Fund for the purpose of funding the cost of the Letter of Credit and the interest
cost of the Revenue Anticipation Note, seconded by Ms. Lawrence.
AYE: Cataudella, Lawrence, Akin, Enzbrenner, Yandell, Sokolosky
NAY: None
ABSTAIN:
Motion carried 6-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR TRUSTEE APPROVAL OF RESOLUTION NO. 2005-02, A RESOLUTION
AUTHORIZING A LOAN AGREEMENT AND PROMISSORY NOTE BETWEEN
THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY AND VANGUARD
CAR RENTAL, USA, INC., AND AUTHORIZATION OF CHAIRMAN TO
EXECUTE ALL NECESSARY DOCUMENTS RELATED THERETO.
Discussions were held regarding the contents of the Loan Agreement and the
Promissory Note. A motion was made by Ms. Lawrence to approve Resolution No.
2005-02, contingent upon receipt of a Letter of Credit issued by Arvest Bank and a
thorough review of its contents by the Chairman of the OEDA, the City's Legal
Counsel, seconded by Mr. Cataudella.
AYE: Cataudella, Lawrence, Akin, Enzbrenner, Yandell, Sokolosky
NAY: None
ABSTAIN:
Motion carried 6-0.
-3-
Owasso Economic Development Authority
January 13, 2005
ITEM 11: DISCUSSION RELATING TO THE COMMERCIAL STORMWATER RUNOFF
FEE.
Mr. Ray provided members with a sample Annual Stormwater Fee comparison chart
showing examples of the cost of the annual fee using a four year implementation
plan. Discussions were held regarding the implementation of the fee. Further
discussions to be held at future OEDA meetings.
ITEM 12: NEW BUSINESS
None
ITEM 13: ADJOURNMENT
Motion made by Mr. Cataudella, seconded by Mr. Enzbrenner to adjourn.
At 11:45am, the meeting was adjourned.
Scott Yandell, Chair
Date Approved
ATTACHMENT # 5
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, January 18, 2005
The Owasso City Council met in regular session on Tuesday, January 18, 2005 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 5:00 p.m. on Friday, January 14, 2005.
ITEM 1. CALL TO ORDER
The meeting was called to order at 6:31 p.m.
ITEM 2. INVOCATION
The invocation was offered by Reverend Kevin Laufer, Youth Pastor at Central Baptist Church.
ITEM 3. FLAG SALUTE
Troop #99 presented the American and Oklahoma flags and led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Susan Kimball, Mayor Craig
Thoendel, Vice Mayor Steve
Cataudella, Councilor Gary
Cochran, Councilor Brent
Colgan, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Ronald Cates, City Attorney
ITEM 5. READING OF MAYOR'S PROCLAMATION
Mayor Kimball and members of the Council presented to Owasso High School Baseball Coach
Larry Turner, a proclamation recognizing the achievements of Coach Turner and his assistants
and proclaiming Friday, January 21,2005, Larry Turner Day in the City of Owasso.
Owasso City Council
January 18, 2005
ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ACCEPTANCE OF A DONATION FROM THE
OWASSO ROTARY CLUB OF A THERMAL IMAGING CAMERA, VALUED
AT $11,300.00, FOR USE BY THE OWASSO FIRE DEPARTMENT.
Mr. Fisher introduced Trish Houser, President of the Rotary Club, who presented to the Owasso
Fire Department a Thermal Imaging Camera, a camera that distinguishes temperature differences
rather than visible light. Mr. Fisher then presented the item for approval. Mr. Thoendel moved,
seconded by Mr. Colgan, for Council acceptance of this donation from the Owasso Rotary Club.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the January 4, 2005 Regular Meeting and the January
11, 2005 Special Meeting.
B. Approval of Claims
Mr. Cochran moved, seconded by Mr. Cataudella, to approve the Consent Agenda with claims
totaling $289,807.76, self-insurance medical claims & fees totaling $71,883.89, and payroll
claims for two pay periods totaling $516,517.98.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL TO AWARD A CONTRACT FOR THE
CONSTRUCTION OF SOCCER FIELD LIGHTING AT THE OWASSO SPORTS
PARK.
Mr. Warren presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, that Council
award the construction of a six -pole lighting system for soccer field `J' at the Owasso Sports
Park to Shawnee Lighting System of Shawnee, Oklahoma in the amount of $132,998.00.
2
Owasso City Council January 18, 2005
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE HI -POINT FINAL PLAT,
PROPOSING FIVE COMMERCIAL LOTS ON 3.38 ACRES LOCATED 360'
SOUTH OF HIGHWAY 20 ON THE EAST SIDE OF THE OWASSO
EXPRESSWAY.
Mr. Wiles presented the item. Mr. Cataudella moved, seconded by Mr. Thoendel, for Council
approval of the Hi -Point Final Plat subject to appropriate actions taken to satisfy the following
TAC conditions:
1. Include in the deed of dedication that on -site detention will be required of each lot.
2. A turn -around will be required at the end of the service road.
3. West perimeter easement must be 17.5'.
4. Include utilities language in the plat's covenants.
5. Note the actual book and page for each easement shown on the plat.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE TYANN PLAZA FINAL
PLAT, PROPOSING A COMMERCIAL LOT ON 11.57 ACRES LOCATED
SOUTH OF EAST 96TH STREET NORTH ON THE EAST SIDE OF THE
OWASSO EXPRESSWAY.
Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council
approval of the Tyann Plaza Final Plat subject to appropriate action taken to satisfy the following
TAC condition:
1. All separate instruments shown on plat must be noted by book and page
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
3
Owasso City Council
January 18, 2005
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE FY
2004-05 GENERAL FUND BUDGET; AND, REQUEST FOR COUNCIL
APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE GENERAL
FUND, POLICE SERVICES BUDGET.
Mr. Chambless presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, for
Council approval of an amendment to the FY 2004-05 General Fund Budget wherein anticipated
revenues are increased by $1,436.00 as a result of receiving the 2004 Local Law Enforcement
Block Grant, and approval of a supplemental appropriation to the General Fund's Police Services
FY 2004-05 Budget in the amount of $1,436.00.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF CONTRACTS FOR THE
PURCHASE OF REAL PROPERTY FOR THE PURPOSE OF RIGHT OF WAY
ACQUISITION FOR THE EAST 96TH STREET NORTH AND NORTH
GARNETT ROAD IMPROVEMENT PROJECT AND THE GARNETT ROAD
WIDENING PROJECT, AUTHORIZATION FOR THE MAYOR TO EXECUTE
ALL NECESSARY DOCUMENTS RELATING TO THE PURCHASE, AND
AUTHORIZATION FOR PAYMENT.
Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Thoendel, for Council
approval of a contract between the City of Owasso and 96`h & Garnett, L.L.C. for the purchase
of .54 acres in the amount of $277,345.24; a contract between the City of Owasso and Legacy
Sales & Leasing for the purchase of .23 acres in the amount of $98,760.00; a contract between
the City of Owasso and Owasso 20, L.L.C. for the purchase of .45 acres in the amount of
$197,938.64; a contract between the City of Owasso and Owasso 7, L.L.C. for the purchase of
.89 acres in the amount of $484,923.82; a Like Kind Exchange Agreement between the City of
Owasso and D.M. Sokolosky and Phyllis Sokolosky as Trustees of the D.M. Sokolosky Living
Trust created by Declaration of Trust dated December 20, 1990; and authorization for the Mayor
to execute necessary documents for the purchase of the right of way and the Like Kind
Exchange, and authorization of payment.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
4
Owasso City Council
January 18, 2005
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF RESOLUTION NO. 2005-01, A
RESOLUTION AUTHORIZING A LOAN AGREEMENT AND REVENUE
ANTICIPATION NOTE BETWEEN THE CITY OF OWASSO AND THE
OWASSO ECONOMIC DEVELOPMENT AUTHORITY, AND
AUTHORIZATION OF THE MAYOR TO EXECUTE ALL NECESSARY
DOCUMENTS RELATED THERETO
Mr. Ray presented the item. Mr. Cochran moved, seconded by Mr. Cataudella, for Council
approval of Resolution No. 2005-01 and authorization of the Mayor to execute all necessary
documents.
YEA: Cataudella, Cochran, Colgan, Kimball
NAY: Thoendel
Motion carried 4-1.
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL
APPROPRIATION TO THE GENERAL FUND' S INTERFUND TRANSFERS
INCREASING TRANSFERS FROM THE GENERAL FUND TO THE OWASSO
ECONOMIC DEVELOPMENT AUTHORITY FUND IN THE AMOUNT OF
$71,250.00; AUTHORIZING PAYMENT OF SUCH TRANSFER TO THE
OWASSO ECONOMIC DEVELOPMENT AUTHORITY FUND
Mr. Ray presented the item. Mr. Colgan moved, seconded by Mr. Cochran, for Council approval
of a transfer in the amount of $71,250.00 from the General Fund to the Owasso Economic
Development Authority Fund for the purpose of fully funding the expenses associated with the
Vanguard Car Rental Loan Agreement and Revenue Anticipation Note.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0.
ITEM 15. REPORT FROM CITY MANAGER
None
ITEM 16. REPORT FROM CITY ATTORNEY
None
5
Owasso City Council January 18, 2005
ITEM 17. REPORT FROM CITY COUNCILORS
Mayor Kimball thanked Troop 499 for the excellent presentation of the Colors. She also
welcomed members of the Rotary Club who were in attendance.
ITEM 18. NEW BUSINESS
None
ITEM 19. ADJOURNMENT
Mr. Cataudella moved, seconded by Mr. Thoendel, to adjourn.
YEA: Cataudella, Cochran, Colgan, Kimball, Thoendel
NAY: None
Motion carried 5-0 and the meeting was adjourned at 7:20 p.m.
Susan Kin1ball, Mayor
GC L 7 Lt--,
Pat Fry, Minute Clerk
0
PROJECTS STATUS REPORT
City OF Owasso Public Works Department
May 12, 2005
BOND ISSUE PROJECTS
• E. 86th Street North/N. 971h E. Avenue (Mingo Road) Intersection
- Temporary signalization and a west -east bypass lane constructed
- Right-of-way acquisition in progress
- Anticipate total construction to be authorized following re -opening of 76th Street North
OTHER CAPITAL PROJECTS
• E. 76th Street North (Main Street to Sheridan Road
- Road to re -open on Friday, May 13, 2005 at 8:30 am
• E. 96th Street North and HWY 169 Interchange
- Contract awarded to BECCO Contractors
- Road is complete
• N. 129th E. Avenue (South of Home Depot to E. 76th Street North)
- Final design completed in November 2004
- Right-of-way acquisition to begin in 2005
• E. 96th Street North (N. 117t" E. Avenue to Garnett Road)
- Contract awarded to Becco Contracting for $2,776,294.20
- Construction began on March 2, 2005
- Substantial completion expected by September 2005
• N. Garnett Road (E. 86th Street North to E. 96th Street North)
- Contract awarded to Becco Contracting for $4, 691,722.80
- Construction began on March 14, 2005
- Substantial completion expected by September 2005
• Water System Improvements (Booster Pump Station/Transmission Main/Elevated Water Tank)
- Elevated tank bid awarded April 6, 2004. Tank raised on May 7, 2005. Expected
completion by September 2005.
- Transmission main (Phase I - E. 106th Street North from N. Mingo Road to mid -section to
elevated tank to N. Garnett Road) contract awarded to McGuire Bros. Construction for
$1,698,332.00. Construction began in March 2005.
- Transmission main (Phase II — Master meter to Elevated Storage Tank) final design
initiated in June 2004.
- Booster pump station to be included in Phase II Transmission Main design.
- System projected to be operational by September 2005.
Other Items Presented to Members of
OEDA at This Meeting.
RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS)
Month
1991
1992
1993
1994
1985
1986
1897
1898
1889
2000
200
2002
2003
2004
2005
ye.irtq Date. Dollars
00
Totals for Each Year
00
CITY OF OWASSO
RESIDENTIAL LOT INVENTORY STATUS
April 30, 2005
SUBDIVISION
# OF LOTS # DEVELOPED
# AVAILABLE
Bailey Ranch Est (2/95)
118
117
1
Bailey Ranch Est II (6/99)
133
133
0
Barrington Point III (8/96)
32
30
2
Bradfords at Silver Creek (2/98)
83
77
6
Brentwood Village (6/99)
64
62
2
Broadmore Heights (10/92)
32
28
4
Brookfield Crossing (11/02)
134
133
1
Central Park II (7/97)
96
94
2
Chelsea Park (9/04)
106
62
44
Coffee Creek (04/01)
101
79
22
Country Estates II (6/97)
193
191
2
Country Estates III (3/99)
61
58
3
Country Estates IV (4/00)
158
158
0
Country Estates V (01/02)
187
175
12
Country Estates VI (11/03)
37
30
7
Double Oaks II (8/92)
22
21
1
Double Oaks III (8/93)
63
62
1
Fairways at Bailey Ranch (8/95)
80
79
1
Fairways II (1/97)
84
84
0
Fairways III Extended (6/99)
104
49
55
Fairways IV (5/98)
69
69
0
Fairways IV Extended (6/99)
22
22
0
Fairways V (8/99)
71
36
35
Fairways VI (12/00)
42
33
9
Garrett Creek (9/2003)
84
80
4
Honey Creek (4/02)
202
197
5
Honey Creek II (12/04)
119
69
50
Metro Heights (11/01)
52
48
4
Metro Heights II (6/02)
42
34
8
New Brunswick (07/03)
42
42
0
Nottingham Estates II (3/97)
15
14
1
Nottingham Estates III (9/99)
23
17
6
Nottingham Estates IV (8/01)
20
8
12
Nottingham Estates V (3/01)
44
33
11
Preston Lakes (12/00)
272
235
37
Preston Lakes II (12/01)
120
115
5
Preston Lakes III (10/04)
147
13
134
Preston Lakes Amended (12/01)
30
30
0
Remington Park (12/03)
57
55
2
Remington Park II (11/04)
84
25
59
Sawgrass Park (01/02)
178
154
24
Sawgrass Park II (04/05)
96
1
95
The Summit at Southern Links (6/97)
31
26
5
The Village at Silver Creek (09/02)
62
31
31
Watercolors (12/02)
40
15
25
The Willows at Silver Creek (1/00)
84
84
0
TOTALS
3936
3208
728
The Willows at Silver Creek (1/00)
Watercolors (12/02)
The Village at Silver Creek (09/02)
The Summit at Southern Links (6/97)
Sawgrass Park II (04/05)
Sawgrass Park (01/02)
Remington Park II (11/04)
Remington Park (12/03)
Preston Lakes Amended (12101)
Preston Lakes III (10/04)
Preston Lakes II (12/01)
Preston Lakes (12/00)
Nottingham Estates V (3/01)
Nottingham Estates IV (8/01)
Nottingham Estates III (9/99)
Nottingham Estates II (3197)
New Brunswick (07/03)
Metro Heights II (6102)
Metro Heights (11/01)
Honey Creek II (12/04)
Honey Creek (4/02)
Garrett Creek (9/2003)
Fairways VI (12100)
Fairways V (8/99)
Fairways IV Extended (6/99:
Fairways IV (5/98:
Fairways III Extended (6/99:
Fairways II (1/97:
Fairways at Bailey Ranch (8/95',
Double Oaks III (8/93
Double Oaks II (8/92,
Country Estates VI (11/03
Country Estates V (01/02
Country Estates IV (4/00
Country Estates III (3/99
Country Estates II (6/97
Coffee Creek (04/01
Chelsea Park (9/04
Central Park II (7/97
Brookfield Crossing (11102
Broadmore Heights (10/92
Brentwood Village (6/9E
Bradfords at Silver Creek (2/9E
Barrington Point III (8/9E
Bailey Ranch Est 11 (6/9£
Bailey Ranch Est (2/9E
CITY OF OWASSO
Residential Lot Inventory Status
0 50 100 150 200 250 300
13Total Lots ■Lots Developed
RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS)
2002 2003
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000 2001 fenceline 2002 fenceline 2003
Month
1988
1989
1990
16
45
29
21
20 23 64 13 54,!,
Jan
4
1
7
8
6
6
9
12
35
33
21
"
26 4!I ;..":! 4',u �?:. Ih �HN;
:ji3
Feb
5
4
7
10
11
1Q
8
18
„!,11
51 14 38'
March
2
7
14
5
12
12
15
28
30
34
34
48
51
38
24 48
61 SIFr' ! 11:!
April
8
6
9
3
12
17
18
18
39
26
,
l.i.. . .., :.:
38 11 29
May
8
6
9
10
9
8
13
8
24
27
26
45
39
40
42 26
�!4Im
June
4
12
5
10
13
18
23
5
37
2
27
33 37 44 11 32
Jul
10
4
9
10
10
13
13
28
28
30
29
22
3
`, „ �„,�.:.: ,.,,, .W ...
6
9
14
10
10
9
20
20
26
'',xr,!tw a���.ual��ta�ilnxr:a�1
Aug
10
14
14
12
12
20
21
24
31
29
29 29 30 9 52
Sept
11
10
24
36
234 ' 3i� all i
Oct,5
1
g
9
17
8
.r..
27
13
�6
:
14
it r'rl'!
111
24 5 26 17 35
Nov
si
a
10 1
� " I , CC
8 19 13 15 20
! 15 II •I��< !!I�•i..i, 'j:�x!N�tx xxtP
!L,
13
14
�2
26
0
.._ '
6
�4.
I
.�79I
}�{,:,� ,d,
293
333
401
362
1!�4 73,
377 Y�� �� aid
Totals
90
99
142
133
162
208
34
23
40
46
52
66
103
140
144
131
131 165 0 236 46 168
YTD
19
17
2011
2012
2004 2005 2006 2007 ---
Month fenceline 2004 fenceline 2005 fenceline 2006 fenceline 2007 fenceline 2008 fenceline 2009 fenceline 2010 fenceline 2011 fenceline 2012
Jan
Feb
13
3 13
13
,....
52
:.r. ¢,a..,, ..::rNtx:,y::.:::. x�"Ar,. 4::`I'Gi ........ !..... r:nn.::.,. :..:x.''.'rx ixf ik' �i�
m3 r Ih.. u 1i''tua°'
:::x!r_:!,;:.x,:::.::,_::,:x.;:.:: a . .� �I y,� y'�
..:: �!::a!:!sr � �.j '� trli., , .�!.!",:f:!I!" . Yi 9r . , .� � "�..
,. ...... .: �...::x. ,......,. ..+, ......, ,r,xr..x::.y q!x xx �:.ra: ..:. •.:.,.. h:n,:,, !...:. r..r:'.� .',�.. .. �. .: r. .:..,. .I;I
, r,� ! .E. . n.k:,,! ! 9:, „ .,�,, ;5 N , x mtvr .x..:!k lit
i4� ; ;rt:l •tl?y.!!!'4 j,x: rt ..e:'-rmx tir 5;x€!' .,H:.:s!1 �! !�!,.�,..g ,,.r, ! y �. �.n� ,. A.:, r.,:xx.�!.v'..,.+,:, ..:!yr;x:.: x:,::,:,Si:: xln'u. r. :'rr.l.. :I(�.. :;.i,,.w,..xi :: !�. ., .9s:.x.,:s�r .!,•. •!x.!"'.
!, . ,,x(:,.a.,.!, t9`;".Ix,. :":F'�, n: max„', ,::rr.r. 1 h!,., •<r., ;I'hr �,.!Fy.! :yui„�r� .n:!!5�: .. ,.,°., v?: Y+!�k.
a �. u 1,xca.tx..!.. ..,:
z..xi45,.!..x4�G;ir�. xa"!>:.r.,n!.:2i:!IA,,,.'<!e!,k„ ,.,r,.!,r i3O..u.,!,h,....,
March
1�
April
18
22
75 27
4 I! r 19
.t..,, ....
65
63
..
„• y::x.:.r,:...,:...,..' !.,::,..r..x'"I.,i�.y. y,ip:.;:::rat!-s!;:wii
;!::! ..�., . :�,r n ;!�:;:t� :• �+I'?,.r.,, ! . '�: r !" q ! wx„ � „;, m'!I I, ^:I!r!,;!n:
• ! , I i•.slxrn, .pI;i! } . ! . ,yr
.,. .x�r,. ;�' •Ik�r ykp� lllll: .� �5u. , �;..,�
r..
':'P,!I Y�''Ia0. r'Cu'I:w:�-h ::JN•• !i1A . tl,.! ,5... '!Y, " 'x�x;'�� 1���ir:x..,%'.nf�e`�`.I.Rr4�,!.�..,�:,!.:,�
�.�u .,,.., 11111 ..l:
�I �nr'+.�! '� Hit;.. I"i en �:!xa:h.2h.::.
w . ti+ !• ,x . I.. ' F <r r, rl d, i I` �t N
x
May
p
31
y,k,!BCt!1xxC:;i!Sh.N'!ii(Egt nx'iiG',r.l'I
xrMfx,:x;;::::mx,•r, ,n(..!:iPa !R;US• ::'el., r! ...4. .:!. .J. .k I :i f j !. 4.!�'k �.,.:,•nnx:k!.!,,..:a^,<*; ::,; ,,;xx:!!!shr'.,xn'r'� L L ,!n, .n
x'iXi:,y :,Y:6[ h.r 4'r I.N: n'ti1^x :It,h
rr,!.y ::.,: x d.nrr r..e! , 4, t rM : 'it!. , h 1 ...�!.. N +i d
- _ .. .... �,. s.�...,..h �. � iv.:..,. ,r. 4 !� � •:r::!l:i„Iuud��1.a,y..,..,_,„lu �kH,y .. �r,PG�..! �a1�r,x!.�ih aai.,.u.Ja; E,.AI:'aLl.n,
June 1'...J,. 53
July23 34
N 1
Sent 11 64
Nov 13 31
Dec 10 35
Totals 198 528 72 211
YTD 70 202 72 211
Total:
Fenceline Building Permit Report
April, 2005
Subdivision
Cost
Tallgrass Trails
$
154,600
Oakridge at Cooper
$
156,250
Looking Glass Estates
$
65,000
Looking Glass Estates
$
58,000
Ranch Acres V
$
58,900
Chestnut Farms
$
120,000
Chestnut Farms II
$
105,600
Oakridge at Cooper
$
105,600
Oakridge at Cooper
$
105,600
Timbergate
$
163,000
Timbergate
$
90,000
Timbergate
$
280,000
Timbergate
$
185,000
Timbergate
$
290,000
Ranch Acres V
$
78,000
Timbergate
$
78,000
unplatted
$
133,350
Oakridge at Cooper
$
280,000
Tallgrass Trails
$
195,000
19 new homes
$
2,701,900
OCCUPANCY PERMITS
NAME
ADDRESS
STATUS
APPLICATION
DATE
OPENING
DATE
COMPLETE
JANUARY 2005
Elite Salon & Day Spa
9500 N 129 E Ave,#114
New
1/10/2005
1/11/2005
Yes
Ram Caf6
405 E 2nd
Owner Change
1/12/2005
1/3/2005
Yes
GMAC Real Estates
12910 E 86 St No
New
1/14/2005
1/21/2005
Yes
Denny Construction
8414 B No 123 E Ave
Relocate
1/15/2005
1/1/2005
Yes
Kelly's V Twin
11330 N Garnett, #A
New
1/19/2005
2/1/2005
Yes
FEBRUARY
Wings to Go
9530 N 129 E Ave,#100
New
2/8/2005
2/9/2005
Yes
Jane Maxey GMAC
12910 E 86 St No
New
2/8/2005
1/8/2005
Yes
Fit for Her
9500 N 129 E Ave,#300
New
2/18/2005
2/21/2005
Yes
Biddle Family Chiropratic
11624 E 86 St No
New
2/14/2005
2/16/2005
Yes
Chris Ward, D.D.S.
12814 E 101 PI N,#101
Relocate
2/18/2005
2/14/2005
Yes
H. VanWyhe-Chiropratic
8805 N 145 E Ave,#103
New
2/25/2005
3/1/2005
Yes
R. Larson Business Office
8805 N 145 E Ave,#202
New
2/25/2005
3/7/2005
Yes
MARCH
Game X Change
9500 N 129 E Ave, #118
New
3/3/2005
3/10/2005
Yes
Morgan -Phillips Office
8805 N 145 E Ave, #202
New
3/8/2005
3/9/2005
Yes
Color View Portraits
12654 E 86 PI No
New
3/15/2005
4/8/2005
No
Primarily Kids
12500 E 86 St N, #102
Relocate
3/18/2005
3/24/2005
Yes
Sonic Restaurant
13314 E 116 St N
New
3/30/2005
4/4/2005
Yes
Global Wealth Management
9500 N 129 St N, #106
New
4/4/2005
4/1/2005
Yes
APRIL
Center Stage Dance Studio
8361 N Ow Exp, #1 & J
New
4/8/2005
6/1/2005
No
Serenity Spa
9100 N Garnett, #L
New
4/26/2005
5/1/2005
Yes
Pack and Mail Plus
9500 N 129 E Ave,#120
New
4/28/2005
5/3/2005
No
Colorview Portraits
12654 E 86 PI No
New
5/3/2005
5/17/2005
No
COMMERCIAL Building Permits (New Construction Counts)
Year to Date
Includes Churches, Schools, and Government Facilities
r-
� O��
z
1991
�
$50.000,000
$42.800.000
�28.008.800
o 0 $14.000.000
o
Z! $0
4)
PERMITS APPLIED FOR IN APRIL 2005
ADDRESS
BUILDER
ADD/ZONE
VALUE
A.S.F.
PERMIT #
DATE
9002 N 121 E Ave#600
Dress Barn
SmFarm/CS
318,654
7587
05-0401-C
4/4/2005
9002 N 121 E Ave#100
Hobby Lobby
SmFarm/CS
2,000,000
60000
05-0402-C
4/4/2005
9811 E 108 PI No
Lawrence Properties
MH/RS-3
90,090
2145
05-0403-X
4/5/2005
11210 N 118 E Ave
Chumley & Assoc.
RP/RS-3
77,784
1852
05-0404-X
4/6/2005
11218 N 118 E Ave
Chumley & Assoc.
RP/RS-3
77,280
1840
05-0405-X
4/6/2005
12996 E 114 Ct No
Roberts Homes
GC/RS-3
79,548
1894
05-0406-X
4/6/2005
9701 E 90 Ct No
American Heartland
FW/RS-3
108,360
2580
05-0407-X
4/6/2005
9117 N 138 E Ave
John K Davis, Jr
NE/RS-2
163,800
3900
05-0408-X
4/6/2005
13905 E 89 St No
G Vickers (homeowner)
WSC/RS-3
700
80
05-0409-X
4/6/2005
11704 E 99 St No
Landmark Homes
BRE/RS-3
106,386
2533
05-0410-X
4/11/2005
9911 N 120 E Ave
Landmark Homes
BRE/RS-3
125,370
2985
05-0411-X
4/11/2005
10023 E 92 St No
Simmons Homes
FW/RS-3
146,664
3492
05-0412-X
4/11/2005
9104 N 102 E Ave
Simmons Homes
FW/RS-3
127,596
3038
05-0413-X
4/11/2005
10403 E 95 Cir No
Simmons Homes
FW/RS-3
121,800
2900
05-0414-X
4/11/2005
9007 N 156 E PI
Simmons Homes
PL/RS-3
127,596
3038
05-0415-X
4/11/2005
9010 N 135 E Ave
Sundown Pools
NE/RS-2
20,000
595
05-0416-P
4/12/2005
12500 E 86 St N,#104
Owasso Land Trust
OwRtl/CS
12,000
1500
05-0417-C
4/13/2005
9018 N 121 E Ave#200
Kirkland's
SmFarm/CS
125,000
6579
05-0418-C
4/13/2005
9039 N 121 E Ave
Applebee's Restaurant
SmFarm/CS
750,000
5668
05-0419-C
4/13/2005
9906 N 102 E Ave
Sherwood Builders
HC/RS-3
99,330
2365
05-0420-X
.4/13/2005.
10202 E 101 Ct No
Sherwood Builders
HC/RS-3
114,996
2738
05-0421-X
4/13/2005
10201 E 100 PI No
Sherwood Builders
HC/RS-3
99,666
2373
05-0422-X
4/13/2005
10017 N 100 E Ave
Sherwood Builders
HC/RS-3
99,666
2373
05-0423-X
4/13/2005
9905 N 103 E Ave
Westerfield Corp
HC/RS-3
104,160
2480
05-0424-X
4/13/2005
9110 N 156 E Ct
Capital Homes
PL/RS-3
103,740
2470
05-0425-X
4/14/2005
10204 E 101 Ct No
Denny Construction
HC/RS-3
104,790
2495
05-0426-X
4/14/2005
9010 N 156 E PI
Simmons Homes
PL/RS-3
121,800
2900
05-0427-X
4/18/2005
10106 N 114 E Ave
Simmons Homes
SGP/RS-3
128,184
3052
05-0428-X
4/19/2005
9009 N 156 E PI
Capital Homes
PL/RS-3
80,010
1905
05-0429-X
4/19/2005
11301 N 131 E Ave
Roberts Homes
GC/RS-3
102,690
2445
05-0430-X
4/19/2005
11411 N 132 E Ave
Roberts Homes
GC/RS-3
115,248
2744
05-0431-X
4/19/2005
11503 N 132 E Ave
Roberts Homes
GC/RS-3
97,776
2328
05-0432-X
4/19/2005
11505 N 132 E Ave
Roberts Homes
GC/RS-3
96,390
2295
05-0433-X
4/19/2005
12997 E 114 Ct No
Roberts Homes
GC/RS-3
97,860
2330
05-0434-X
4/19/2005
10310 N 138 E Ave
Simmons Homes
CC/CS
400,000
10500
05-0435-C
4/19/2005
11511 N 132 E Ave
Roberts Homes
GC/RS-3
75,600
1800
05-0436-X
4/19/2005
14317 E 88 Ter No
Roberts Homes
VSC/RS-3
118,020
2810
05-0437-X
4/20/2005
14321 E 88 Ter No
Roberts Homes
VSC/RS-3
110,460
2630
05-0438-X
4/20/2005
8714 N 144 E Ave
Roberts Homes
VSC/RS-3
120,750
2875
05-0439-X
4/20/2005
8706 N 144 E Ave
Roberts Homes
VSC/RS-3
113,148
2694
05-0440-X
4/20/2005
8819 N 143 E Ave
Roberts Homes
VSC/RS-3
106,680
2540
05-0441-X
4/20/2005
8713 N 143 E Ave
Roberts Homes
VSC/RS-3
111,132
2646
05-0442-X
4/20/2005
7815 N 117 E Ave
Javier (homeowner)
EC/RS-3
4,800
176
05-0443-X
4/20/2005
9714 N 108 E Ave
Custom Carports
ERV/RS-3
3,000
324
05-0444-X
4/10/2005
15006 E 88 St No
Dolphin Pools
PL/RS-3
8,300
594
05-0445-P
4/21/2005
10205 E 100 PI No
Strategic Builders
HC/RS-3
105,042
2501
05-0446-X
4/21/2005
11109 E 121 PI No
Strategic Builders
CE/RS-3
75,676
1778
05-0447-X
4/21/2005
11106 E 121 PI No
Strategic Builders
CE/RS-3
103,656
2468
05-0448-X
4/21/2005
10404 N 115 E Ave
Premier Homes
SGP/RS-3
90,762
2161
05-0449-X
4/21/2005
9005 N 156 E PI
Simmons Homes
PL/RS-3
119,700
2850
05-0450-X
4/22/2005
9904 N 103 E Ave
Sherwood Builders
HC/RS-3
90,090
2145
05-0451-X
4/22/2005
10202 E 101 St No
Sherwood Builders
HC/RS-3
94,710
2255
05-0452-X
4/22/2005
10208 E 101 Ct No
Sherwood Builders
HC/RS-3
99,666
2373
05-0453-X
4/22/2005
9906 N 103 E Ave
Sherwood Builders
HC/RS-3
102,756
2518
05-0454-X
4/22/2005
11114 N 118 E Ave
Chumley & Assoc.
RP/RS-3
77,826
1853
05-0455-X
4/22/2005
11206 N 118 E Ave
Chumley & Assoc.
RP/RS-3
76,230
1815
05-0456-X
4/22/2005
11050 N 118 E Ave
Chumley & Assoc.
RP/RS-3
75,558
1799
05-0457-X
4/22/2005
11214 N 118 E Ave
Chumley & Assoc.
RP/RS-3
75,558
1799
05-0458-X
4/22/2005
14321 E 113 St No
Capital Homes
ChPk/RS-3
79,884
1902
05-0459-X
4/26/2005
14314E 111 St No
Capital Homes
ChPk/RS-3
70,350
1675
05-0460-X
4/26/2005
9039 N 121 E Ave
Lone Star Restaurant
SmFarm/CS
1,100,000
6575
05-0461-C
4/26/2005
9500 N 129 E Ave#120
Claude Neon Signs
WtfrdPlz/CS
12,000
115
05-0462-S
4/26/2005
10201 N 120 E Ave
Simmons Homes
SGP/RS-3
133,644
3182
05-0463-X
4/26/2005
11209 N 119 E Ave
Chumley & Assoc.
RP/RS-3
77,700
1850
05-0464-X
4/27/2005
11813 E 113 St No
Chumley & Assoc.
RP/RS-3
75,558
1799
05-0465-X
4/27/2005
11600 N Garnett
Westport Church
GC/AG
5,000
176
05-0466-S
4/28/2005
12500 E 86 St N#106
Owasso Land Trust
OwRt1Ct/CS
12,000
1500
05-0467-C
4/28/2005
8341 Owasso Exp
Global Signs
ECCom/CS
6,000
98
05-0468-S
4/29/2005
11521 N 132 E Ave
Strategic Builders
GC/RS-3
103,656
2468
05-0469-X
4/29/2005
12201 N 111 E Ave
Strategic Builders
CE/RS-3
86,856
2068
05-0470-X
4/29/2005
9701 E 111 St No
Strategic Builders
MH/RS-3
100,128
2381
05-0471-X
4/29/2005
9703 E 110 PI No
Strategic Builders
MH/RS-3
112,476
2648
05-0472-X
4/29/2005
9705E 111 St No
Strategic Builders
MH/RS-3
107,856
2568
05-0473-X
4/29/2005
9704 E 111 St No
Strategic Builders
MH/RS-3
106,638
2539
05-0474-X
4/29/2005
9012 N 156 E PI
Simmons Homes
PL/RS-3
146,664
3492
05-0475-X
4/29/2005
14308 E 112 St No
Simmons Homes
ChPk/RS-3
69,174
1647
05-0476-X
4/29/2005
14304 E 112 St No
Simmons Homes
ChPk/RS-3
72,828
1734
05-0477-X
4/29/2005
14316 E 113 St No
Capital Homes
ChPk/RS-3
75,096
1788
05-0478-X
4/29/2005
14312E 111 St No
Capital Homes
ChPk/RS-3
69,930
1665
05-0479-X
4/29/2005
63 Single Family
6,350,038.00
151,206 Sq Ft
3 Residential -Addition
8,500.00
580 Sq Ft
4 Commercial -New
4,250,000.00
82,743 Sq Ft
4 Commercial -Remodel
467,654.00
17,166 Sq Ft
2 Pools
28,300.00
1,189 Sq Ft
3 Signs
23,000.00
389 Sq Ft
79 Building Permits
$11,127,492.00
253,273 Sq Ft
BUILDING INSPECTIONS DEPARTMENT REPORT FOR APRIL
Building Permits Issued
61
10,894.91
Economic Development
53
7,311.00
Mechanical Permits Issued
60
4,330.00
Electrical Permits Issued
63
4,410.00
Plumbing Permits Issued
65
4,375.00
Recreation Development
49
7,350.00
Sign Permits Issued
7
160.00
Reinspection Fees
0
0.00
Sewer Taps
53
21,200.00
Water Taps
30
15,000.00
Water Meter Deposits
30
1,500.00
TOTAL PERMITS
471
$76,530.91
1►1111, • ► M
Building
167
Mechanical
102
Electrical
153
Plumbing
210
Reinspection
44
Other
0
TOTAL INSPECTIONS 676