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Ord 40-2026 expansion of the tennis facilities at the Hamilton Park Tennis Center 08/18/2026 Ordinance No. 40-2026 Ordinance accepting and appropriating $2,500,000.00 of grant funds from the James N. McCoy Foundation for the expansion of the tennis facilities at the Hamilton Park Tennis Center, and authorizing the City Manager or his designee to execute all documents necessary to accept said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded a grant, from the James N. McCoy Foundation, in the amount of $2,500,000.00; and, WHEREAS, the City of Wichita Falls intends to use said funds for the expansion of the tennis facilities at the Hamilton Park Tennis Center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls is hereby accepting and appropriating a grant from the James N. McCoy Foundation for the expansion of the tennis facilities at the Hamilton Park Tennis Center in the amount of $2,500,000.00, and the City Manager or his designee is hereby authorized to execute all documents necessary to accept said funds, in a form approved by the City Attorney. PASSED AND APPROVED this the 18th day of August, 2026. 1/1j` MAYOR 4VaAZ, City Clerk CHARITABLE GRANT AGREEMENT Grantor Information: Foundation: James N. McCoy Foundation Address: 3711 Maplewood, Suite 200, Wichita Falls, Texas 76308 Telephone: 940-264-4400 Contact Person: R. Ken Hines, Vice President and Treasurer Grantee Information: Grantee: City of Wichita Falls, Texas EIN: 75-6000714 Address: 1300 Seventh Street, Wichita Falls, Texas 76301 Telephone: (940) 761-7404 Contact Person: Blake Jurecek, Assistant City Manager The James N. McCoy Foundation (the"Foundation") has approved the grant described below subject to Grantee's acceptance of the terms and conditions set forth in this Charitable Grant Agreement (this "Agreement") as evidenced by Grantee's execution of this Agreement in the space provided below. Grant Information: Purpose of Grant: To fund a portion of the cost of the project to expand the tennis facilities known as the Hamilton Park Tennis Courts in Wichita Falls, including the construction of 4 indoor courts, a new pro shop with retail space as well as office and storage space, and the addition of two outdoor courts (the"Project"). Grant Amount: $2,500,000 payable on or before September 30, 2026. Effective Date: July 15, 2026 Conditions to Funding Grant: 1. The Grant funds may only be used for the Project. 2. Grantee and the Wichita Falls 4B Sales Tax Corporation, collectively, have or will commit,with the Grantee not voting until August 2026 as to $500,000 of the commitment, to provide at least $2,000,000 (the"Community Funds") for funding a portion of the cost of the Project. 3. The Project is located on land owned by Grantee and is expected to cost$5,578,000. Grantee will serve as the owner in the construction contract for the Project. As the owner, Grantee will use commercially reasonable efforts to monitor the construction of the Project and make periodic advances of the Grant funds and the Community Funds to the contractor and other vendors as construction progresses on the Project. For purposes of this Agreement, each periodic advance by Grantee shall be deemed to be 55% from the Grant funds and 45%from the Community Funds. 4. After commencement of construction of the Project, Grantee will diligently and continuously pursue completion of the Project. 5. If actual construction of the Project (and not just a ceremonial ground-breaking) has not commenced by January 31, 2027, unless the Foundation otherwise agrees in writing, Grantee will return the Grant funds to the Foundation. 6. If after commencement of construction of the Project, the Project is terminated for any reason whatsoever, unless the Foundation otherwise agrees in writing, Grantee will return the undisbursed portion of the Grant funds to the Foundation. Tax Status and Reporting: By signing this Agreement, Grantee represents and warrants that: 1. Grantee is a home rule city and municipal corporation organized under the laws of the State of Texas. 2. Grantee will give the Foundation written notice of the date of commencement of construction of the Project. Thereafter, Grantee will provide the Foundation the following reports in writing: (a) Quarterly reports, commencing January 31, 2027 and continuing on or before each April 30, July 31, October 31 and January 31 thereafter describing the status of the Project, including the estimated percentage completion of the Project and any material changes to the Project scope and budget as well as any significant delays encountered in the completion of the Project. (b) Such other reports and information as may be reasonably requested by the Foundation from time to time. Naming Rights: Although this Grant is not conditioned upon any naming rights with respect to the Project, if Grantee offers any naming rights to any other donor to the Project, Grantee will offer comparable naming rights to the Foundation having due regard for the amount of the donations being made by such other donors. Records, Inspection, and Reporting: Grantee will maintain records of its expenditure of Grant funds adequate to permit the Foundation to readily verify the use of those funds. The Foundation may inspect Grantee's records pertaining to the Project at any time during normal business hours at Grantee's offices upon reasonable notice to Grantee. Grantee agrees that the Foundation may further monitor and evaluate the Project through whatever additional and reasonable means, such as site visits, the Foundation deems reasonably appropriate. Additional Information: Grantee agrees to supply the Foundation with any additional information concerning Grantee or the fund-raising for the Project that the Foundation considers reasonably necessary or helpful to demonstrate the Foundation's compliance with federal or state laws or regulations, such as, but not limited to, the federal tax laws. Publicity: Press releases and other public statements to be issued by Grantee referring to the Grant must be submitted to the Foundation for approval before issuance. In addition, and as a further condition of the Grant, Grantee will not schedule or conduct any event, the principal purpose of which is to announce, highlight, emphasize, or celebrate the Grant without prior written notice to and approval by the Foundation. Grantee agrees to forward to the Foundation copies of any news releases, published materials, or media articles mentioning the Grant which come to the Grantee's attention. Approvals required by the Foundation under this Agreement shall not be unreasonably withheld, conditioned, or delayed. Remedies: If Grantee does not use the Grant funds for the purpose specified, or does not comply with or satisfy any other agreement or condition in this Agreement, then Grantee agrees to the following remedies, which are not exclusive: a. if the Foundation has not yet disbursed the Grant funds, the Foundation will have no further obligation to do so; and b. if the Foundation has already disbursed the Grant funds, Grantee agrees to repay the unspent Grant funds to the Foundation within 30 days after the Foundation requests repayment. Integration: This Agreement represents the entire agreement of the Foundation and Grantee and supersedes any prior or contemporaneous agreements or understandings whether written or oral regarding the Grant. Grantee acknowledges that any future grants from the Foundation will be made at the sole discretion of the Foundation. 2 In signing this Agreement, each party's signatory acknowledges that the governing body of that party has authorized him or her to sign on its behalf and that the signatory has read, understood, and accepted its terms. Executed by the Grantee and the Foundation on the dates shown below: James N. McCoy Foundation Representative City of Wichita Falls Name: Vicki D. McCoy Name: Blake Jurecek Title: President Title: Assistant City Manager Signature: Signature: Date: 2026 Date , 2026 Approved as to form: Name: R. Kinley Hegglund, Jr. Title: City Attorney Signature Date: , 2026 4916-2416-2478,v. 1 3