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HomeMy WebLinkAbout09-16-08 TSHA Agenda Packet A G E N D A REVISED AND REPOSTED (9/13/08 @ 3 p.m.) BOARD OF DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY (AN INSTRUMENTALITY OF THE TOWN OF WESTLAKE) SEPTEMBER 16, 2008 5:30 P.M. MARRIOTT SOLANA 5 VILLAGE CIRCLE WESTLAKE, TEXAS 1. CALL TO ORDER. 2. PRESENTATION AND RECOGNITION OF OUTGOING PRESIDENT HENRY C. SMYTH. 3. PRESENTATION AND DISCUSSION BY ASSET CAMPUS REGARDING PROPERTY MANAGEMENT. Following item 3, the meeting will be recessed and reconvened at the following location: TOWN OF WESTLAKE 3 VILLAGE CIRCLE, SUITE 207 COURTROOM 4. HEAR AND ACCEPT FINANCE MANAGER’S REPORT. 5. CONSIDER APPROVAL OF THE MINUTES OF THE APRIL 15, 2008 MEETING. 6. CONSIDER APPROVAL OF THE MINUTES OF THE JUNE 17, 2008, MEETING. 7. EXECUTIVE SESSION: A. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically related to the appointment of an interim President. 7. EXECUTIVE SESSION (CON’T) B. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement of litigation, specifically related to 1) a consultant contract for the purpose of evaluating scholarship applications; and 2) current and proposed contracts for President, Interim President and Finance Manager. 8. DISCUSS AND CONSIDER REQUEST FOR PAYOUT OF VACATION ACCRUAL TO PAST PRESIDENT. 9. DISCUSS AND CONSIDER APPROVING THE FY 2008-2009 AUTHORITY BUDGET. 10. DISCUSS AND CONSIDER APPOINTING AN INTERIM PRESIDENT. 11. DISCUSS AND CONSIDER APPROVING A CONTRACT FOR A CONSULTANT TO EVALUATE SCHOLARSHIP APPLICATIONS. 12. ADJOURN. CERTIFICATION If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. _____________________________________ Kim Sutter, TRMC, Town Secretary I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, by Friday, September 12, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. I certify that the above notice was revised and reposted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, on Saturday, September 13, 2008, at 3:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. A G E N D A BOARD OF DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY (AN INSTRUMENTALITY OF THE TOWN OF WESTLAKE) SEPTEMBER 16, 2008 5:30 P.M. MARRIOTT SOLANA 5 VILLAGE CIRCLE WESTLAKE, TEXAS 1. CALL TO ORDER. 2. PRESENTATION AND RECOGNITION OF OUTGOING PRESIDENT HENRY C. SMYTH. 3. PRESENTATION AND DISCUSSION BY ASSET CAMPUS REGARDING PROPERTY MANAGEMENT. Following item 3, the meeting will be recessed and reconvened at the following location: TOWN OF WESTLAKE 3 VILLAGE CIRCLE, SUITE 207 COURTROOM 4. HEAR AND ACCEPT FINANCE MANAGER’S REPORT. 5. CONSIDER APPROVAL OF THE MINUTES OF THE APRIL 15, 2008 MEETING. 6. CONSIDER APPROVAL OF THE MINUTES OF THE JUNE 17, 2008, MEETING. 7. EXECUTIVE SESSION: A. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically related to the appointment of an interim President. B. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement of litigation, specifically related to consideration of a consultant contract for the purpose of evaluating scholarship applications. 8. DISCUSS AND CONSIDER REQUEST FOR PAYOUT OF VACATION ACCRUAL TO PAST PRESIDENT. 9. DISCUSS AND CONSIDER APPROVING THE FY 2008-2009 AUTHORITY BUDGET. 10. DISCUSS AND CONSIDER APPROVING A CONTRACT APPOINTING AN INTERIM PRESIDENT FOR THE TEXAS STUDENT HOUSING AUTHORITY. 11. DISCUSS AND CONSIDER APPROVING A CONTRACT FOR A CONSULTANT TO EVALUATE SCHOLARSHIP APPLICATIONS. 12. ADJOURN. CERTIFICATION If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. _____________________________________ Kim Sutter, TRMC, Town Secretary I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, by Friday, September 12, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. TEXAS �* STUDENT % HousING AGENDA REVISED AND REPOSTED ( /131 (q,, 3 p.m.) BOARD OF DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY (AN INSTRUMENTALITY OF THE TOWN OF WESTLA ) SEPTEMBER 16,2008 5:30 P.M. MA OTT SOLANA 5 VILLAGE CIRCLE WESTLAKE, TEXAS 1. CALL TO ORDER. 2. PRESENTATION AND RECOGNITION OF OUTGOING PRESIDENT HENRY C. SMYTH. 3. PRESENTATION AND DISCUSSION BY ASSET CAMPUS REGARDING PROPERTY MANAGEMENT. Following item 3, the meeting will be recessed and reconvened at the following location: TOWN OF WESTLAKE 3 VILLAGE CIRCLE, SUITE 207 COURTROOM 4. HEAR AND ACCEPT FINANCE MANAGER'S REPORT. 5. CONSIDER APPROVAL OF THE MINUTES OF THE APRIL 15, 2008 FETING. 6. CONSIDER APPROVAL, OF THE MINUTES OFT E .TUNE 17, 2008, MEETING. 7. EXECUTIVE SESSION: A. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically related to the appointment of an interim President. 7. EXECUTIVE SESSION (CON'T) B. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement of litigation, specifically related to 1) a consultant contract for the purpose of evaluating scholarship applications; and 2) current and proposed contracts for President, Interim President and Finance Manager. 8. DISCUSS AND CONSIDER REQUEST FOR PAYOUT OF VACATION ACCRUAL TO PAST PRESIDENT. 9. DISCUSS AND CONSIDER APPROVING THE FY 2008-2009 AUTHORITY BUDGET. 10. DISCUSS AND CONSIDER APPOINTING AN INTERIM PRESIDENT. 11. DISCUSS AND CONSIDER APPROVING A CONTRACT FOR A CONSULTANT TO EVALUATE SCHOLARSHIP APPLICATIONS. 12. ADJOURN. CERTIFICATION If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Kim Sutter, TRMC, Town Secretary I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, by Friday, September 12, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. I certify that the above notice was revised and reposted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, on Saturday, September 13, 2008, at 3:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Item 4 — Finance anager's Report July 08 TSHA Properties-Actual vs Budget Pavroll Cambridge-Food Dept $ 35,816 MONTH 35,283 $ (533) YTD 386,764 $ Actual Budget 1,274 Better/(Worse Actual Budget Better/Worse Total Revenue 15,452 $ 1,145 $ 202,904 $ 198,902 _ _ (4,002) Cambridge $ 166,856 $ 214,570 $ (47,714) $ 5,398,529 $ 4,722,523 $ 676,006 Ballpark $ 278,855 $ 267,551 $ 11,304 $ 3,253,321 $ 3,134,617 $ 118,704 Denton $ 306,077 $ 376,449 $ (70,372) $ 3,746,923 $ 4,020,387 $(273,464) San Marcos $ 170,425 $ 179,497 $ (9,072) $ 1,961,300 $ 2,007,477 $ (46,177) Town Lake $ 221,569 $ 228,695 $ (7,126) $ 2,620,592 $ 2,616,680 $ 3,912 Total $ 1,143,782 $ 1,266,762 $ (122,980) $16,980,665 $ 16,501,684 $ 478,981 Pavroll Cambridge-Food Dept $ 35,816 $ 35,283 $ (533) $ 386,764 $ 388,038 $ 1,274 Management $ 14,307 $ 15,452 $ 1,145 $ 202,904 $ 198,902 $ (4,002) Maintenance $ 10,822 $ 9,583 $ (1,239) $ 121,671 $ 114,215 $ (7,456) Housekeeping $ 13,519 $ 9,642 $ (3,877) $ 117,043 $ 114,404 $ (2,639) Total $ 74,464 $ 69,960 $ (4,504) $ 828,382 $ 815,559 $ (12,823) Ballpark-Management $ 7,672 $ 7,897 $ 225 $ 91,171 $ 96,535 $ 5,364 Maintenance $ 7,800 $ 7,901 $ 101 $ 105,143 $ 97,838 $ (7,305) Housekeeping $ - $ - $ - $ - $ - $ - Temporary $ $ $ _ $ 337 $ _ 1,750 . $ 1,413 Total $ 15,472 $ 15,798 $ 326 $ 196,651 $ 196,123 $ (528) Denton-Management $ 10,659 $ 9,985 $ (674) $ 119,487 $ 122,519 $ 3,032 Maintenance $ 7,115 $ 6,665 $ (450) $ 81,924 $ 89,051 $ 7,127 Housekeeping $ $ $ $ $ 13,054 $ _$ 142,861 $ Temporary $ - $ - $ - $ - $ 2,000 $ 2,000 Total $ 17,774 $ 16,650 $ (1,124) $ 201,411 $ 213,570 $ 12,159 San Marcos-Management $ 7,248 $ 7,969 $ 721 $ 86,750 $ 102,629 $ 15,879 Maintenance $ 4,139 $ 5,085 $ 946 $ 56,111 $ 67,819 $ 11,708 Housekeeping $ - $ - $ - $ - $ - $ - Total $ 11,387 $ 13,054 $ 1,667 $ 142,861 $ 170,448 $ 27,587 Town Lake-Management | 7.964 $ 8.136 $ 1.172 $ 110.835 $ 110.381 $ (454) Maintenance 8 5.172 $ 5.953 $ 781 $ 65'729 $ 72.688 $ 6.859 Housekeeping _$ - $ - $ ' $ - - $ - Temporary ' - - $ --- -- Denton _ _ $ _$_ _$ _ 41.546 $ 1.72Q _ $ $ 228950 $ 233'755 - - | _ Cambridge _ _$ 25,442 ' ' - - - - $ 152.087 $ Ballpark u�q�ark _ � � 24,269 $ 9.245 _$ (15.024) _$__288.308 06.775 _$ - $ --- -- Denton _ _ $ 39.817 _$ _ 41.546 $ 1.72Q _ $ $ 228950 $ 233'755 $ 61,249 San Marcos _ $ 26.879 $ 29.075 $ _ 2.196 _$__ __389,557__$__460.806 _$ 323.820 _$ $ (3.4U7)__ _ _ _ _ _ Tmw Lake � _ Total _ _ _ _ $ 232.426 $ 20O700 _$ $ (25.717) $ 2.314,52O ^_$ 8 2.205.728 $_(18,794) � Maintenance ExDense Cambridge _ _$ 25,442 $ _ 21.977 $ (3.465) $� 131'A58 $ 152.087 $ 20.139 Ballpark _ � $ 24,269 $ 9.245 _$ (15.024) _$__288.308 06.775 _$ _28S,550_ $ $ _ � (1.758) Denton $ 10.496 $ 1_1.310 $ � 814 $ 228950 $ 233'755 $ 4.805 ,San Marcos $ 0.307 $ 6.760 $ 453 $ _ 174.683 $ 128.110 $ (48.553) Town Lake _ Total $ 71.461 $ 56.327 $ (15.134)_ $ 957.315 8 957.122 $ � (193) Advertisino&K8arketn Cambridge Ballpark Denton San Marcos Town Lake Total - $ 2.183 $ 833 $ (1.350) $ $ 87.053 $ 319 _ $ 4.195 $ 1.025 $ (2.270) _86'734 $ 02.617 $ 06.775 $ _ 4.158 $ 2.845 $ 2.325 $ (520) $ 41,432 $ 54.898 $ _ 13.466 $ 2.188 $ 2.808 $ 720 $ 49.083 $ 44.478 $ _ (5.505) Manaaement Fees Cambridge $ 23,400 $ 23,400 $ - $ 257,400 $ 257,400 $ - Ballpark $ 9,605 $ 10,702 $ 1,097 $ 125,767 $ 125,386 $ (381) Denton $ 10,713 $ 13,176 $ 2,463 $ 131,142 $ 140,714 $ 9,572 San Marcos $ 5,680 $ 7,180 $ 1,500 $ 75,037 $ 80,299 $ 5,262 Town Lake $ 7,074 $ 9,148 . $ 2,074 $ 100,224 $ 104,667 $ 4,443 Total $ 56,472 $ 63,606 $ 7,134 $ 689,570 $ 708,466 $ 18,896 Misc. Expense Cambridge $ 45,033 $ 77,728 $ 32,695 $ 936,360 $ 927,645 $ (8,715) Ballpark _ $ 8,699 $ 10,982 $ 2,282 $ 143,666 $ 158,298 $ 14,632 Denton $ 12,167 . $ 21,422 $ 9,255 $ 231,492 . $ 288,543 $ 57,051 San Marcos - _ $ 6,868 $ 12,917 $ 6,049 $ 158,163 $ 190,304 $ 32,141 . Town Lake $ 5,114 $ 11,090 $ 5,976 $ 170,664 $ 205,912 $ 35,248 Total $ 77,881 $ 134,139 $ 56,257 $ 1,640,345 $ 1,770,702 $ 130,357 Total Expenses Cambridge $ 236,423 $ 245,938 $ 9,515 $ 2,879,299 $ 2,858,573 $ (20,726) Ballpark $ 116,061 $ 97,442 $ (18,619) $ 1,348,460 $ 1,380,484 $ 32,024 Denton $ 93,812 $ 106,429 $ 12,617 $ 1,236,487 $ 1,392,286 $ 155,799 San Marcos $ 59,309 $ 71,894 $ 12,585 $ 927,936 $ 935,459 $ 7,523 Town Lake $ 77,589 $ 79,770 $ 2,181 $ 1,093,384 $ 1,101,076 $ 7,692 Total $ 583,194 $ 601,473 $ 18,279 $ 7,485,566 $ 7,667,878 $ 182,312 Net ODeratina Income Cambridge $ (69,566) $ (31,368) $ (38,198) $ 2,519,230 $ 1,863,950 $ 655,280 Ballpark $ 162,793 $ 170,109 $ (7,316) $ 1,904,861 $ 1,754,133 $ 150,728 Denton $ 212,265 $ 270,020 $ (57,755) $ 2,510,436 $ 2,628,101 $(117,665) San Marcos $ 111,116 $ 107,603 $ 3,513 $ 1,033,365 $ 1,072,018 $ (38,653) Town Lake $ 143,980 $ 158,925 $ (4,945) $ 1,527,208 $ 1,515,604 $ 11,604 Total $ 560,588 $ 675,289 $ (104,701) $ 9,495,100 $ 8,833,806 $ 661,294 NOTE:Cambridge Misc includes Food Costs/Tax&Insurance/Legal Fees/General Admin expenses NOTE:AII other properties include General Admin/Legal Fees/Tax&Insurance 3:43 PM TEXAS STUDENT HOUSING AUTHORITY 09111/08 Accrual Basis Balance Sheet Aogs,fl!August 31, 2008 ASSETS Current Assets Checking/Savings 1010 • First Financial 1011 FF!n-Authority 49,679.33 1012 FFin-Denton 53,079.55 1014• FFin-San Marcos 793.29 1016• FFin-Rental Account 289,712.12 Total 1010 •First Financial 393,264.29 Total Checking/Savings 393,264.29 Other Current Assets 1600• Prepaids 5,236.14 1500•AIR-Cambridge 10,270.00 1501 •A/R-TLSM 4,133.53 1503•A/R-Denton 18,543.00 Total Other Current Assets 38,182.67 Total Current Assets 431,446.96 TOTAL ASSETS 431,446.96 LIABILITIES&EQUITY Liabilities Current Liabilities Other Current Liabilities 2004• Deferred Revenue 58,990.00 Total Other Current Liabilities 58,990.00 Total Current Liabilities 58,990.00 Total Liabilities 58,990.00 Equity 1110• Retained Earnings -390,264.20 3000•Opening Bal Equity 973,625.06 Net Income -210,903.90 Total Equity 372,456.96 TOTAL LIABILITIES&EQUITY 431,446.96 Page 1 of 1 3:41 PM TEXAS STUDENT HOUSING AUTHORITY 09/11108 Accrual Basis Profit & Loss September 2007 through NHQ'V-&0u0g%8 Ordinary Income/Expense Income 2000•Scholarship Value 492,600.00 4030-Contributions Income 4050 • Restricted 5,000.00 Total 4030 -Contributions Income 5,000.00 4200-Austin Ballpark Fees 4201 - Basic Administration 21,016.00 4204•Asset Management 28,934.60 Total 4200 -Austin Ballpark Fees 49,950.60 4210-Austin Townlake Fees 4214•Asset Management 33,341.95 4210•Austin Townlake Fees-Other 2,365.00 Total 4210 •Austin Townlake Fees 35,706.95 4220•Cambridge Fees 4224-Asset Management 92,430.00 Total 4220 •Cambridge Fees 92,430.00 4230• Denton Fees 4234•Asset Management 37,402.85 Total 4230 • Denton Fees 37,402.85 4250, MSU Fees 4251 • Issuer Fee 25,000.00 Total 4250 -MSU Fees 25,000.00 4290•Administrative Scholarship Fees 4291 •Austin Ballpark 68,100.60 4292•Austin Townlake 71,039.00 4293-Cambridge 2,750.00 4294- Denton 84,553.43 4295•San Marcos 6,858.80 4297• Melrose 63,156.88 4290 •Administrative Scholarship Fees-Other 0.00 Total 4290 -Administrative Scholarship Fees 296,458.71 Total Income 1,034,549.11 Expense 4400-Scholarships 492,600.00 4500•Scholarship Expense 4501 -Austin Ballpark 32,460.00 Page 1 of 3 3:41 PM , TEXAS STUDENT HOUSING AUTHORITY 09111108 Accrual Basis Profit & Loss ' September 20U?through'VQ 4502 Austin Town Lake 34.785o0 4503 Cambridge 33.960.00 4504- ovnton 33.4e0.00 4soa-San Marcos 7.54550 4507 - Melrose 97.515.00 Total«000 -Scholarship Expense 23e.755a0 000n-onntreoxLauv, 21*.054.42 s1uo-Bank Service Charges 10�00 8121 -oome,:xantExpenso 88774 mro-OfficoExpense 44031 618V�Insurance 6181 - o&O 15.174.1e Total s180 -Insurance 15.174.18 6240-Miscellaneous 877.61 s2so -Postage and Delivery 3.555.75 »oao- Printing and Reproduction 3.17338 scrn - Profesniona| Fovs 6274-Audit Fees 5,000.00 Total Vu7o - Professional Fees 5.000.00 6290- Rent 6.28e.03 onsu-Tmvo| 2.040.19 8385-Board Meetings 847.52 Vsoo -OfOceSuppxos 1.907.86 *oro- Pmo,amexpense 3.899.12 s77o-Supplies 8ruV- Office 328.29 Total 677o-Supplies 328z9 n0VV-Contingency Fund 300,000.00 Total Expense 1.290.379.90 Net Ordinary Income '255.e30.79 Oth*,|nonmo/Evpenso Other Income 7u10 -Interest Income 18.407.91 ru3o-Other Income 28.3079e Total Other Income 46.71589 Other Expense 8010-Other Expenses 1.789.00 Total Other Expense 1.78900 Page uofo 3:41 PM TEXAS STUDENT HOUSING AUTHORITY 09/11108 Accrual Basis Profit & Loss September 2007 through 'WQ'W-&0u0g%8 Net Other Income 44,926.89 Net Income -210,903.90 Page 3 of 3 3:45 PM TEXAS STUDENT HOUSING AUTHORITY 09111108 ^ Accrual Basis Profit & Loss Budget vs. Actual September 2O87 through August 20O8 So 'or Aug ou Budget $Over Budget o,uinarymnvmexExponse Income 2ouO-Scholarship Value 492.608o0 492.600.00 0.00 4030-Contributions Income 4oso- Restricted 5.000.00 Tma|*ono -Contributions Income 5,000.00 4200-Austin Ballpark Fees 4201 - Basic Administration 21.016.00 31.52*.00 -10.508.00 4204-Assot Management 28.934-60 31.524.00 -2.589A0 Total 4200 -Austin Ballpark Fees 49.950.60 65.048.00 -13.097.40 4u1u -Austin Tmwn|akoFees 4z14-Asset Management 33.341.95 28.380.00 4.e61.95 4210-AusmnTownlaxepoes-otxo, 2.365o0 Total 4u1V -Austin Tmwn|akoFees 55.706.9* 28.38800 7.326.e5 4uuo-Cambridge Fees 4221 - Basic Administration 0.00 102.00400 '102.084o0 422*-Asset Management 92.430.00 rota|^ouo -CamurmgoFens 92.430.00 102.084.00 -9.054.00 42oo- Denton Fees ^u34-Asset Management 37.402e5 43.903.00 -6.500.1e Total 4oao -Denton Fees 37.40285 43.90300 '6.50015 4c4o-San Marcos Fees 4ew4-Asset Management 0.00 21.98100 '21.90100 Total 4u4V -San Marcos Fees 0.00 21.90100 -21.80100 ^zoV -mSUFees 4e51 - |ssue,Foe 25.000.00 25,000.00 0.00 Total 4250 -mSu Fees 25.000.00 25.000.00 0.00 4zon -Administrative Scholarship Fees 4281 -Austin Ballpark 68.100.60 70.52800 '2.427.40 429e-AusbnTmwo|ako 71.03e.00 69.980.00 1.05900 42oa-Cambridge 2.750�80 2,000.00 75000 «ue*- oonton 84.553.43 90.710.00 '6.150.57 4uoe-San Marcos 0.858.80 9.710.00 -2.851z0 4z9s-Crossing Place 0.00 0.00 0.00 4oyr- Melrose 63.150�88 72.500.00 -9.343.12 4uoo-Administrative Scholarship Fees-Other 0.00 Total*28n -Administrative Scholarship Fees 296.458.71 315.428.00 '18.e6e.29 Page 1n,a 3:45 PM TEXAS STUDENT HOUSING UT ITY 09/11/08 Accrual Basis Profit & Loss Budget vs. Actual September 2007 through August 2008 Sep'07-Aug 08 Budget $Over Budget Total Income 1,034,549.11 1,092,344.00 -57,794.89 Expense 4400 Scholarships 492,600.00 492,600.00 0.00 4500 Scholarship Expense 4501 •Austin Ballpark 32,460.00 31,520.00 940.00 4502•Austin Town Lake 34,785.00 35,020.00 -235.00 4503• Cambridge 33,960.00 33,960.00 0.00 4504• Denton 33,490.00 37,860.00 -4,370.00 4505•San Marcos 7,545.50 8,760.00 -1,214.50 4506 •Crossing Place 0.00 0.00 0.00 4507• Melrose 97,515.00 105,000.00 -7,485.00 4500•Scholarship Expense-Other 0.00 0.00 0.00 Total 4500 •Scholarship Expense 239,755.50 252,120.00 -12,364.50 6030•Advertising 0.00 1,000.00 -1,000.00 6000•Contract Labor 214,054.42 230,000.00 -15,945.58 6120•Bank Service Charges 10.00 0.00 10.00 6121 •CC Merchant Expense 867.74 1,200.00 -332.26 6170 •Office Expense 440.31 6180 •Insurance 6181 • D&O 15,174.18 22,000.00 -6,825.82 Total 6180 •Insurance 15,174.18 22,000.00 -6,825.82 6240 • Miscellaneous 877.61 2,400.00 -1,522.39 6250 • Postage and Delivery 3,555.75 3,000.00 555.75 6260• Printing and Reproduction 3,173.38 6270• Professional Fees 6273 •Consulting 0.00 2,400.00 -2,400.00 6274•Audit Fees 5,000.00 5,000.00 0.00 Total 6270 • Professional Fees 5,000.00 7,400.00 -2,400.00 6290 •Rent 6,288.03 5,520.00 768.03 6350•Travel 2,040.19 1,800.00 240.19 6385• Board Meetings 847.52 600.00 247.52 6550•Office Supplies 1,967.86 1,800.00 167.86 6560• Payroll Expenses 0.00 0.00 0.00 6670•Program Expense 3,399.12 6,000.00 -2,600.88 6770•Supplies 6790•Office 328.29 Total 6770 -Supplies 328.29 6800•Contingency Fund 300,000.00 300,000.00 0.00 Page 2 of 6 3:45 PM TEXAS STUDENT HOUSING AUTHORITY 09/11108 Accrual Basis Profit & Loss Budget vs® Actual September 2007 through August 2008 Sep'07-Aug 08 Budget $Over Budget Total Expense 1,290,379.90 1,327,440.00 -37,060.10 Net Ordinary Income -255,830.79 -235,096.00 -20,734.79 Other Income/Expense Other Income 7010 •Interest Income 18,407.91 50,000.00 -31,592.09 7030 •Other Income 28,307.98 Total Other Income 46,715.89 50,000-00 -3,284.11 Other Expense 8010•Other Expenses 1,789.00 Total Other Expense 1,789.00 Net Other Income 44,926.89 50,000.00 -5,073.11 Net Income -210,903.90 -185,096.00 -25,807.90 Page 3 of 6 3:45 PM TEXAS STUDENT HOUSING AUTHORITY 09111108 Accrual Basis Profit & Loss Budget vs. Actual September 2007 through August 2008 %of Budget Ordinary Income/Expense Income 2000-Scholarship Value 100.0% 4030-Contributions Income 4050- Restricted Total 4030 -Contributions Income 4200•Austin Ballpark Fees 4201 • Basic Administration 66.67% 4204•Asset Management 91.79% Total 4200 -Austin Ballpark Fees 79.23% 4210 •Austin Townlake,Fees 4214•Asset Management 117.48% 4210•Austin Townlake,Fees-Other Total 4210 -Austin Townlake Fees 125.82% 4220-Cambridge Fees 4221 • Basic Administration 0.0% 4224•Asset Management Total 4220 •Cambridge Fees 90.54% 4230- Denton Fees 4234-Asset Management 85.19% Total 4230 - Denton Fees 85.19% 4240-San Marcos Fees 4244-Asset Management 0.0% Total 4240 -San Marcos Fees 0.0% 4250 • MSU Fees 4251 , Issuer Fee 100.0% Total 4250 -MSU Fees 100.0% 4290 -Administrative Scholarship Fees 4291 -Austin Ballpark 96.56% 4292 •Austin Townlake 101.51% 4293-Cambridge 137.5% 4294• Denton 93.21% 4295•San Marcos 70.64% 4296• Crossing Place 0.0% 4297- Melrose 87.11% 4290-Administrative Scholarship Fees-Other Total 4290 -Administrative Scholarship Fees 93.99% Page 4 of 6 3:45 PM TEXAS STUDENT HOUSING AUTHORITY 09111/08 Accrual Basis Profit & Loss Budget vs. Actual September 2007 through August 2008 %of Budget Total Income 94.71% Expense 4400•Scholarships 100.0% 4500•Scholarship Expense 4501 •Austin Ballpark 102.98% 4502•Austin Town Lake 99.33% 4503 •Cambridge 100.0% 4504• Denton 88.46% 4505•San Marcos 86.14% 4506•Crossing Place 0.0% 4507• Melrose 92.87% 4500•Scholarship Expense-Other 0.0% Total 4500-Scholarship Expense 95.1% 6030•Advertising 0.0% 6000 •Contract Labor 93.07% 6120• Bank Service Charges 100.0% 6121 •CC Merchant Expense 72.31% 6170 •Office Expense 6180-Insurance 6181 • D&O 68.97% Total 6180 •Insurance 68.97% 6240• Miscellaneous 36.57% 6250 •Postage and Delivery 118.53% 6260•Printing and Reproduction 6270 •Professional Fees 6273 Consulting 0.0% 6274 Audit Fees 100.0% Total 6270 •Professional Fees 67.57% 6290• Rent 113.91% 6350•Travel 11134% 6385•Board Meetings 141.25% 6550 •Office Supplies 109.33% 6560• Payroll Expenses 0.0% 6670 Program Expense 56.65% 6770 Supplies 6790•Office Total 6770•Supplies 6800•Contingency Fund 100.0% Page 5 of 6 3:45 PM TEXAS STUDENT HOUSING AUTHORITY 09/11/08 Accrual Basis Profit & Loss Budget vs. Actual September 2007 through August 2008 %of Budget Total Expense 97.21% Net Ordinary Income 108.82% Other Income/Expense Other Income 7010• Interest Income 36.82% 7030 •Other Income Total Other Income 93.43% Other Expense 8010 -Other Expenses Total Other Expense Net Other Income 89.85% Net Income 113.94% Page 6 of 6 Item 5 — April 15, 2008, Meeting Minutes TEXASIW STUDENT ' HousING INUTES OF THE BOARD F DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY (AN INSTRUMENTALITY OF THE TOWN OF ESTLAKE) April 15, 2008 PRESENT: Chairman Jim Carter and Directors Jac Irvine, George Ledak, Melanie Lekkos, Jill McKean, and Chuck Schultz. ABSENT: Director Larry Darlage. OTHERS PRESENT: President Hank Smyth, General Counsel Scott Bradley, Finance Manager Pete Ehrenberg, and Secretary Kim Sutter. 1. CALL TO ORDER. Chairman Carter called the meeting to order at 6:00 p.m. 2. DISCUSS POSSIBILITY OF REQUIRING SCHOLARSHIP APPLICANTS TO PROVIDE PIS®®F OF FINANCIAL NEED. President Smyth reviewed the current award process with the Board. Mr. Smyth stated that TSHA does not require proof of financial need; however, approximately 60% of applicants express financial need in the personal statements that are submitted as part of the application requirements. Additionally, Mr. Smyth stated that if the Free Application for Federal Student Aid (FAFSA) is required as part of the application process, he feels the award process would be delayed by approximately three(3)months. Director Irvine clarified that his intent is not to duplicate the FAFSA process, but to determine if the results of the FAFSA application process could be made available to TSHA. President Smyth responded that he did not know if the information could be shared with TSHA; however,the timing issue with regard to the award process and lease signing are not compatible. Discussion ensued with regard to a means for determining financial need of the applicants. As a result of the discussion and input from the Board,President Smyth will evaluate a revision to the application to address the question of financial need. 3. PRESIDENTS REPORT. President Smyth reviewed the current scholarship cycle, current occupancy rates, the Brazos County tax dispute, and the projects and authority finances. TSHA Board of Directors Page 2 of 3 Meeting Minutes April 15,2008 Discussion ensued with regard to the current scholarship cycle. 4. CONSIDER RATIFYING THE ACTION OF THE PRESIDENT RELATIVE TO NEW SCHOLARSHIP OFFERS. President Smyth introduced the item and advised that the 2008-2009 scholarship recipients were chosen based on criteria established by the Board. MOTION: Director Irvine made a motion to ratify the action of the President relative to new scholarship offers. Director McKean seconded the motion. The motion carried by a vote of 6-0. 5. FINANCE MANAGERS REPORT. Finance Manager Ehrenberg presented the Board with a current balance sheet and advised that additional income was realized in Denton due to refund of an escrow account. Mr. Ehrenberg advised that the certificate holders for the Cambridge property are interested in refinancing. Should the certificate holders choose to proceed, a proposal would be presented to the Board at a future meeting. Mr. Ehrenberg advised that a company will be brought in to audit the water and sewer utility use at the Ballpark facility due to high utility bills. Chairman Carter encouraged the Board to give sorne thought to ways to decrease expenses and increase revenue for the projects. Chairman Carter directed staff to continue to pursue the energy evaluation that he recommended be conducted at the Cambridge property. 6. REVIEW AND APPROVE MINUTES OF JANUARY 29,2008. Chairman Carter introduced the item and asked for a motion. MOTION: Director Irvine made a motion to approve the minutes as presented. Director Schultz seconded the motion. The motion carried by a vote of 5-0, with Director McKean abstaining from the vote due to her absence from the January 29, 2008; meeting. 7. ADJOURN. There being no further business before the board, Chairman Carter declared the meeting adjourned at 7:47 p.m. TSHA Board of Directors Page 3 of 3 Meeting Minutes April 15,2008 APPROVED BY THE TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS SEPTEMBER 16,2008. Jim Carter, Chairman ATTEST Kim Sutter, Secretary Item 6 — June 17, 2008, Meeting Minutes TEXAS STUDENT HouSING MINUTES OFT E BOARD OF DIRECTORS OF THE TEXAS STUDENT HOUSING AUTHORITY (AN INSTRUMENTALITY OF THE TOWN OF WESTLA ) June 17, 2008 PRESENT: Chairman Jim Carter and Directors Jac Irvine, George Ledak, and Jill McKean. ABSENT: Directors Larry Darlage, Melanie Lekkos, and Chuck Schultz. OTHERS PRESENT: President Hank Smyth, General Counsel Scott Bradley, Finance Manager Pete Ehrenberg, and Secretary Kim Sutter. 1. CALL TO ORDER. Chairman Carter called the meeting to order at 5:50 p.m. With no objections, Chair Carter reordered the agenda to consider item 7 at this time. 7. CONSIDER A RESOLUTION AUTHORIZING THE DEFEASANCE AND DEMPTION OF THE OUTSTANDING "TEXAS STUDENT HOUSING CORPORATION — MSU PROJECT STUDENT HOUSING REVENUE BONDS, SERIES 2002 AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT. Finance Manager Ehrenberg addressed the Board regarding the item and advised the Board that Midwestern State University (MSU) is interested in redeeming the bonds in order to issue additional bonds to build a new facility. Mr. Leroy Grawunder, McCall, Parkhurst and Horton, advised the Board that the Resolution calls outstanding bonds for redemption and authorizes an escrow agreement, and releases all ownerships rights to the univeristy. Mr. Grawunder advised that the closing is scheduled for July 16, 2008, and all fees will be paid out of the bond issue, including the Authority's attorney fees. Approval of the Resolution requires action by the Board while sitting as the Texas Student Housing Corporation—MSU Project. In order to consider the resolution, a special meeting of the TSHC—MSU Project will be held on Tuesday, July 8, 2008, at 5:30 p.m. TSHA Board of Directors Page 2 of 4 Meeting Minutes June 17,2008 2. CONSIDER APPROVAL OF FY 2008-2009 BUDGET FOR CAMBRIDGE FACILITY. Finance Manager Pete Ehrenberg presented the budget to the Board. Mr. Ehrenberg advised the Board that the room rates have been increased and that the property will be at 100% occupancy for the 2008-2009 school year. Discussion ensued with regard the proposed budget and the Brazos County tax issue. MOTION: Director McKean made a motion to approve the FY 2008-2009 Budget for the Cambridge facility. Director Ledak seconded the motion. The motion carried by a vote of 4-0. 3. CONSIDER APPROVAL OF FY 2008-2009 BUDGET FOR BALLPARK FACILITY. Finance Manager Pete Ehrenberg presented the budget to the Board. Mr. Ehrenberg advised that rates have been raised by $15 / bed and the property is expected to be at 100% occupancy for the 2008-2009 school year. Although 100% occupancy is expected, the budget is based on an occupancy rate of 97%. Mr. Ehrenberg advised the Board that all repair and replacement costs have to be funded out of the operating fund due to lack of funds. Additionally, the property's repair and replacement fund expenses will increase for FY 2008-2009 due to required maintenance and upgrades. Director Irvine expressed his concern with regard to the negative student comments and the negative property ratings that can be found on the internet. Director Irvine suggested staff contact the property management to address the negative publicity. MOTION: Director Ledak made a motion to approve the FY 2008-2009 Budget for the Ballpark facility. Director McKean seconded the motion. The motion carried by a vote of 4-0. 4. CONSIDER APPROVAL OF FY 2008-2009 BUDGET FOR TOWN LAKE FACILITY. Finance Manager Pete Ehrenberg presented the budget to the Board. Mr. Ehrenberg advised the Board that the projected revenue is $55K over the prior year budget; however, expenses are projected to increase by $245K. Mr. Ehrenberg advised the Board that the exterior of the building requires painting. Mr. Ehrenberg advised the Board that the utility rates per unit are considerably higher compared to area properties. Mr. Ehrenberg stated that the meters have been changed out and leak detection testing has been performed with no significant findings. However, Mr. Ehrenberg added that the prior month's water bill was significantly lower. President Smyth added that the budget is based on a 97% occupancy rate. TSHA Board of Directors Page 3 of 4 Meeting Minutes June 17,2008 Director Irvine asked if pets are allowed in the properties and asked that staff attempt to determine if allowing pets is an advantage to leasing the properties. Discussion ensued with regard the proposed budget. MOTION: Director McKean made a motion to approve the FY 2008-2009 Budget for the Town Lake facility. Director Irvine seconded the motion. The motion carried by a vote of 4-0. 5. FINANCE MANAGER'S REPORT. Finance Manager Pete Ehrenberg reviewed the report with the Board. - MSU Project—redemption(see item 7); - Denton new construction—construction of new student housing facility to be complete by January 2009, and open for the 2009-2010 school year with 1073 beds. - Insurance letter-Gallagher has reviewed the insurance coverage on the proerties and insurance is adequate to protect investments; - Contribution account-total of$5,000 has been moved in the authority account and will be used to fund one full housing scholarship; - Trustee change—Trustee for San Marcos and Townlake is US Bank, Dallas, Denton will soon follow, followed by Austin Ballpark. Cambridge. 6. PRESIDENT'S REPORT. Scholarships President Smyth reported that the Authority will carry 212 students on scholarship for the 2008-09 school year and of those 30, are for full housing costs. Based on a discussion with Tarrant County NE Campus President, Dr. Larry Darlage, Mr. Smyth recommended the Board consider adding a section to the application that requires an explanation of special need and verified by parent or the school counselor. Occupancy Overall, the properties are 90% leased for the 2008-2009 school year. Expected lease rate by start of 2008-2009 school year: Austin Properties 100% College Station 100% Denton 95%+ San Marcos 95% Cambridge No new information to report. Authority Finances TSHA Board of Directors Page 4 of 4 Meeting Minutes June 17,2008 Mr. Smyth reviewed the balance sheet with the Board and advised that expenses are within I% of budget and the N01 is 8% positive. 8. ADJOURN. There being no further business before the board, Chairman Carter declared the meeting adjourned at 7:01 p.m. APPROVED BY THE TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS SEPTEMBER 16,2008. Jim Carter, Chairman ATTEST Kim Sutter, Secretary Item 9 — Proposed Budget 1���� ^ TEXAS STUDENT HOUSING AUTHORITY m/28m Accrual Basis Profit & Loss Budget Overview September 20O8through August 2009 Ordinary Income/Expense Income unoo-Sohu|arsmnvamo 594.000.00 4200-Austin Ballpark Fees 4201 - Basic Administration 31.524.00 4004-Asset Management 31.524.00 Total 4cVo -Austin Ballpark Fees *3.048.00 4210-Austin Tpwm|exeFees 4z14-Asset Management 28.380.00 Total 4u10 -Austin Tmwn|akoFees 28.380.00 *o2o- Cambridge Fees 42u4-Asset Management 102.087o0 Total 4ueu -Cambridge Fees 102.087.00 *uuo- oenmnFeon 42o*-Asset Management 40.129.00 Total 423O -Denton Fees *0.12900 4e9V-Administrative Scholarship Fees 4291 -Ausunsa||parx 43.880.00 4292 -AvsUnTmwo|axo 59.000.00 4uon-Cambridge 2.500�00 4uS4-Denton e3.100.00 4ens-San Marcos 14.140.00 4%8r- Melrose 155.500.00 Tota/*xoo-Administrative Scholarship Fees 366.100.00 Total Income 1.193.7*4.00 Expense u40O -Scholarships 5e4.000.00 ^noo -000v|arsmnExpenso 4501 -Austin Ballpark 22.800.00 uaoz-Austin Town Lake 35,280.00 ^soa-Cambridge 33.000o0 45V4- Denton 38.950.00 45us-San Marcos 12.720.00 4507-Melrose 232.080.08 Total o5oo -Scholarship Expense 375.430o0 o0oo-Contract Labor 180.000.00 6121 -CC Merchant Expense 1.200.00 Page 1p,x �o���� ~ TEXAS STUDENT HOUSING AUTHORITY mu008 Accrual Basis Profit & Loss Budget Overview September 20O8 through August 2OQQ Se p'08 Aug oy mOo- |nsumuxo 6181 - D&O 16,500.00 Totalmoo-|nsurance 16,500.00 6240-Miscellaneous 700.00 srso-PostagnaodDeUvory 3.000.00 826V'Printing and Reproduction 3.500.00 no7u -Professional Fees 8u73-Consulting 1.000o0 sc74-Audit Fees 5.500.00 Total uu7o- Professional Fees 6.500.00 6290-Rent 5,520.00 6oaO-Travel 1.800.00 6305-Board Meetings 900.00 osso -U*§coSuppoes 1.200.00 os7O- Program Expense 3.000.80 Total Expense 1.1e3.250o0 Net Ordinary Income 4e4.00 Cuxer|noomo/Ezpnoso Other Expense 8V2V-Reserve 100.000.00 on10 -Other Expenses 35.000.00 Total Other Expense 135.000.00 Net Other Income -135.000.00 Net Income -13450600 Page 2 of 2 Item 10 — Appointing Interim Executive Director TEXAS STUDENT HOUSING ENTITIES 3 Village Circle,Suite 207 Westlake,Texas 76262 Telephone:817-430-04911 Fax:817-430-18121 E-mail:townhall(westlake-tx.or September 16, 2008 Mr. Peter Ehrenberg 2152 Portwood Way Dort Worth, Texas 76179 Re: Employment of Interim Executive Director Dear Mr. Ehrenberg: The Texas Student Housing Entities (collectively,the "TSHEs," or individually a"TSHE"). including the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation- San Marcos Project.the Texas Student Housing Corporation- Denton Project.the Texas Student Housing Corporation - College Station Project, the Texas Student Housing Corporation - MSU Project, the Texas Charter School Corporation - LTTS Charter School, Inc. Project, and the Texas Charter School Corporation - New Frontiers Charter School, Inc. Project, are pleased to employ Peter Ehrenberg to serve as Interim Executive Director for each of the Texas Student Housing Entities on the terms contained in this Employment Agreement(the"Agreement").Mr.Ehrenberg shall be referred to in this Agreement as the"Interim Executive Director." Duties of Interim Executive Director 1 With respect to each TSHE,the Interim Executive Director shall be responsible for the overall management and operation of each of the TSHEs and for performing the duties as follows: (a) If the TSHE has oversight responsibilities, including.but not limited to, approval of budgets,monitoring the performance of the TSHE's property manager(s) (if any), obtaining insurance, and other related matters, for any project that the TSHE has financed and/or owns,the Interim Executive Director_ with respect to the provisions that are contained in the documents governing the acquisition, financing, operations, and management of the project (collectively, such documents shall be referred to as the "Project Administration Documents"), shall certify in writing to the Board of Directors at least once each calendar quarter the following: 0) the TSHE is in compliance with all material requirements applicable to the TSHE that are contained in the Project Administration Documents, (ii) the project is being managed by the TSHE's property manager(s)in compliance with the Project Administration Documents, Peter Ehrenberg (iii) the budget for the project has been timely submitted to the Board of Directors and is in compliance with the Project Administration Documents, and (iv) such other matters as ma-, be requested by the President and:'`or the Board of Directors. (b) If the Interim Executive Director is unable to certify to the matters referred to in paragraph I(a)(i)above.the Interim Executive Director shall provide a written statement to the Chairman stating in reasonable detail the reasons that the Interim Executive Director cannot make such certification. (C) No less than 60 days prior the beginning of each calendar year.the Interim Executive Director shall prepare a consolidating annual budget(the`Consolidating Budget")of the activities of each of the TSHEs in a form acceptable to the Chairman for all TSHEs showing all revenues and expenses for the fiscal year for consideration bN the Board of Directors of each TSHE,and no less than once each calendar quarter.the Interim Executive Director shall update, based on actual data, the Consolidating Budget and present to the Board of Directors a statement explaining all variances in such detail as the Chairman shall require. (e) With respect to any project budget requiring Board of Directors approvals the Interim Executive Director shall make written recommendations to the Board of Directors regarding the budget. (f) The Interim Executive Director shall provide to the Board of Directors and the Board of Aldermen a monthly transaction report showing all income received and expenses paid during each Calendar month for each TSHE and on a consolidated basis.Upon the request of the President or a majority of the Board of Directors of a TSHE,the Interim Executive Director shall provide any financial report on the financial condition of any TSHE or all of the TSHEs.to the extent reasonable possible,to the Board of Directors of the TSHE and the Board of Aldermen. (g) With respect to the scholarship program of the TSI-i Es,the Interim Executive Director shall prepare such reports and perform such duties as the Chairman and the Board of Directors of each TSHE shall direct. (h) In performing the duties assigned to the Interim Executive Director,the Interim Executive Director ma} confer with each of the consultants retained b v the TSHE to the extent the hnterim Executive Director believes that consultation is appropriate to asSUre that the duties of the Interim Executive Director will be performed properly, (i) The Interim Executive Director shall perform such additional duties as are specified from time to time in the bylaws of TSHE and;or specified by the Chairman of a TSI-IE. 2. The In;eriin Executive Director shall be the senior member of the staff of e;�ch TSHE. Peter Ehrenberg Page Three 3, The Interim Executive Director hereby acknowledges that he has reviewed the bylaws of each TSHE and agrees to perform the duties of the Interim Executive Director as stated in the bylaws for each TSHE and as stated in this Agreement. Full-Time Employee (a) The Interim Executive Director shall be a full-time employee of the TSHEs. (b) The Interim Executive Director must not undertake any activities that interfere with the Interim Executive Director's performance of his duties. Accountability of Interim Executive Director The Interim Executive Director shall report to the Chairman of each TSHE and shall be accountable to the Board of Directors and the Board of Aldermen of the Town of Westlake, Texas. Compensation As compensation for the performance of his duties,the Executive Director shall be entitled to compensation as follows: 1. The Executive Director shall receive an annual salary of$ which salary shall be payable twice monthly on the last day of each month and the l5`" day of each month beginning the last day of September,2008.The Interim Executive Director acknowledges that this annual salary includes an allowance in lieu of all fringe benefits. 2. The TSHEs shall cause the Interim Executive Director to be provided with an office and appropriate office equipment. Reimbursement for Expenses The Interim Executive Director shall be entitled to reimbursement for any reasonable actual out-of-pocket expenses, including travel and lodging expenses, incurred in connection with the performance of his duties under this Agreement. With respect to automobile expenses,the Interim Executive Director shall be reimbursed at the same rate per mile as is authorized under current Internal Revenue Service Regulations. Peter Ehrenberg Page Four Vacation and Holidays After-serving as Interim Executive Director for six months,.the Interim Executive Director shall accrue one paid vacation day per month. The Interim Executive Director shall be entitled to take paid vacation at anytime that is mutually acceptable to the Interim Executive Director and the Chairman from days accrued as paid vacation.Except as approved by,the Board of Directors of the TSHEs.the Interim Executive Director shall not be paid for accrued but untaken paid vacation. The Interim Executive Director shall be entitled to the same paid holidays as employees of the Town of Westlake(the 'Town")receive. Conflicts of Interest (a) The Interim Executive Director must not engage in any activities that could i'easonablv be foreseen to create any conflict-of-interest between the Interim Executive Director and any of the TSHEs or the Town. (b) 'i,be TSHEs and the Interim Executive Director understand and acknowledge that(i) the interest of the Town shall be paramount over the interest of the TSHEs and(ii)the Interim Executive Director shall be free to advise the Town as he deems appropriate and shall be required to take any action as may be directed by the Town. Term The Interim Executive Director is employed at will by the TSHEs. This Agreement shall take effect upon its execution and shall remain in effect until such time as a permanent Executive Director is appointed, provided that, this Agreement may be terminated v,ithout cause at anytime if either the Interim Executive Director or a TSHE provides written notice of termination to the other party. This Agreement shall terminate on the 15"' day after notice of termination is provided by either party. If terminated under this Agreement. the Interun Executive Director shall be entitled to compensation only through the last date of employment and reimbursement for any outstanding expenses. Binding on Each of the Texas Student Housing Entities The Board of Directors of each of the TSHEs has authorized the Chairman to enter into and be bound by this Agreement, and each of the TSHEs are jointly and severally, Liable under this Agreement. Peter Ehrenberg Page Five Best Regards, Name:James P. Carter Title: Chairman Texas Student Housing TSHE Texas Student Housing Corporation-San Marcos Project Texas Student Housing Corporation-Denton Project Texas Student Housing Authority Agreed and Accepted by Peter Ehrenberg,this September 12008 By: Name: Peter Ehrenberg f C. 54 ,f. .. Item 11 — Contract for Scholarship Consultant September 15,2008 TEXAS STUDENT HOUSING...........heading Mr. Henry C. Smyth 512 Wagonwheel Ct. Colleyville,Texas 76034 Re: Employment of Scholarship Consultant Dear Mr. Smyth: The Texas Student Housing Authority (TS HA)acting under the Inter-Entity Agreement for the various corporations is pleased to employ Henry C. Smyth as Scholarship Consultant. Mr. Smyth shall be referred to in this agreement as the "Scholarship Consultant" DUTIES OF SCHOLARSHIP CONSULTANT 1. The Scholarship Consultant shall be responsible to the President of TS HA or to an Acting Executive Director, COO of the TS A. 2. The Scholarship Consultant shall be responsible for the conduct of the TSHA Scholarship Process dated May 2008 or as modified by TS HA. 3. The process shall include but not be limited to: (1)Reading,analyzing and prioritizing new scholarship applications for each TSH-A location. (2)Determining the priority listing and initial order of scholarship offers. (3)Assist in the process of communicating the Groupl, highest priority offers to applicants. (4) Select follow on offers and repeat the process sequentially for Groups 2,3 and 4 on a two week cycle or as directed. (5) Determine the Full Scholarship offers and communicate with the potential recipients and families to verify that the scholarships will be accepted if offered. (6) Read,analyze and prioritize Renewal Scholarships for each location. (7)Assist in balancing new and renewal target offs /recipients within the targets set by TS HA. (8)Work with TS HA administration to for and maintain a current data base of applicants. Page 2. COMPENSATION The Scholarship Consultant shall receive a total compensation of$50,000 per year. The Scholarship Consultant may bill the TSHA twice monthly during the period of performance from December through April for performing parts of the task as described in Paragraph 3. above. EMPLOYMENT SERVICES The Scholarship Consultant shall be an independent contractor and shall not be considered as a full time employee of TS HA. The Scholarship Consultants all be accountable to TSHA and shall take direction from TS HA for such work as described in Paragraph 3. above. REIMBURSEMENT F EXPENSES The Scholarship Consultant shall be entitled to reimbursement for any reasonable out of pocket expenses in performance of the duties. With respect to automobile mileage the expense will be in concert with the current IRS cost per mile regulations. TERM The agreement shall take effect upon execution and shall remain in force for one year. Thereafter it may be extended for a succeeding year(s)if it is in the joint interests of TSHA and the Scholarship Consultant. Best Regards, Name: Pete Ehrenberg Title: Acting Executive Director, COO,TSHA Agreed and accepted by Henry C. Smyth,this September ,2005 By: Name: Henry C. Smyth