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HomeMy WebLinkAboutMiscellaneous ,. . CfJ- ~L/;}D . 'i.~rCITYOFC. OLLE.......... GE. ~.S'tATION ~.. Development Services ~ ~rx'.. (p"'V( ~ i 3 ~LL;~V\.JBTE- ; \f :~~Eb3 M0d-~. v>s'-'~ ;/l ~fe~~ ot' tDo'{:...~~. .'Y1. ... w~~.i.... ... ().).J!.JL. l of .la.- '. { ~ i ~( . ~Dk ~ ~~, ~(1" ~'. ?al~t-~; .~..,.. . iF\. '. ~acL. Wot~~C0~J .al~ 1)lA.<f..h... . up .0- S(>AJULA ~cJL', .., . t . .... .... ..........~~. ~ sfolu c.h, ~, ~ .;U.:, -\~a. ~ i~~~cC~ .[P~ ^ ~ Wv~c;1,4v wre {fa!- 0 +- [~-kr<ilr1~ . W!Ua+f;~1~ ~ , ~.~. ~ MOVu 6+~ ~ fA 0ck ~C!h. ..~.?JD La.c~ ~. ~~73 I . ~~. ~- (bAorb) ~b.eP' ~4. Wt It ,~ _ . JiiJuJ.d. lwf. k)tt{w~L ()1t\ l*. ~ ~--~--).; ., I ; i l U ra-tJa . CITY OF COLLEGE STATION ~.~. ' LEGAL DEPARTMENT ' Post Office Box 9960 ' 11 01 Texas Avenue College Station, Texas 77842-0960 (409) 764-3507 M E M 0 RAN D UM TO: Jim Callaway, city Planner FROM: Cathy Locke, City Attorney ~ Wolfe Nursery Contract RE: DATE: October- 6,1992 Attached for your review is theiniti-aldraft of the proposed contra.ct Development Agreement with Wolfe Nursery. CL:jls Attachment ". \ REtEl ; OCT 0 1 .~ jsl alji meal . .' ~~.j~~~~ thJ.~~~,.,~",~"l~b~~~~tL,.,,6\ ~. ,.,"",JK~, II 1 Jill. i I .. J 111111 . _I J -'II . '1.1-..111 '. 111 J . ... . . ..J I I f. 'II <.... ....>".111II.... ..,.11. ... . I ... I. II J... ';'>7- ...... ..' ,..I I 1..1,',', ......,.. ~........ ..'...... .................... .... ....-.. _ . .1, ...,.",,'.1.'., r....,.... '. .. ....,. ~'. I .11. I' _. ',',11 1.;_.... '.... -, J"~' . I.. !I .1. . .1,.'. I 11 .. .. .. . '. .. .' .111 ..... 111111.. . J I I 7.$ J . J ',SI." I W.... rI .. . III ". II. "'.. . .21 ... ..1.. 1111." .... WI'" 1 Jill 18. I....... 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(i.J~/A~ (7J7fi'p ~~~ aQ,tP, cc: b of Surveyor .:J COMMENTS: ~ ~ 4" . ... ... ... ... . . . .... ... .'... $ 175 .00 . ... ............. ... ....... $ 250..00 8 " ............. ... · · ... · · · · .. and larger Actual cost of manhole installation ,~3/4"....... .... .. .. .. ... .... . ... ..'.. $ 200 .00 1" .. .... . . .... . .... ........ ....... . ..>... $ 300..00 . . . ........ ....... . . ... .. ..$ 600 .00 $ 900.00 3" ..... ... .... ..... .... .~ . . .. ~ . $2..,300 .00 $2,800.00 4" .... . . . ... . . ...... . ..... . . .. .. . . .. .... 6" and larger Actual cost . ........ ... ... . ... .... . ..... TEMPORARY... CONSTRUCTION ....WATER CONNECTION Wa t~r.rate:for1:empoI"a:["y water<conn~ction: Double ..the '. commercial/inductrialrate ~\ ~ If\~~\t\.g -&u.'..... ,..~_h,. .",.... ..."......",/..,'.... 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I ! , [ll~~~ ~.~ ..,.~ Ii! !q Ii' ~~ ..e~;,-~,~~_,-;_.H '; 1 . .' ill Ii [k,;_ftr:f-~.-,--..- _,-e~te~~t-,- __'-_Id!,,,1:-.~::r:- III 1116.~~~~..v::'" " ,.,'~ .-If:!?e,:--'.~ ~lE I ,..,L. .,~.~ ill,.-&~t1(~~!. ~.f~~. III. ' --It! V~~,~- "P~,_., II'! I ! I LU III III :r II ..'~,g::,., III 1 ~ i III i ~ ~ Hi '111 ilj III " 1;::S,..,,. .:~~-,Q~,--".,~ IT --r~. Do ~ ..OfS:It:.),~.A-c.!: <::rP. .~.._... ~c>> t--J, e-e;P'N A '-- )::5 ~,~"(;;:!~"""-l"'--""'" l,..I:)i::. & ~"E" .~ ~M: ~~_..J-. Ik~ ~.kL._~""._; .,-~\..?~ ..Eu~-,~, ! II , , i III lil III lH III ;7 j. ~ Ii j ; : ~ b:S ~ OUTLINE FORDEVELOPl\1ENT AGREEMENT WOLFE NURSERY 1. Dedica.tionof minimum reservation or development of improvements from WPC Master Plan to be. deferred. Deferral to be: A specific period, such as three years; said period' shall pro,vide for extensions for4 variables: >> j' Development or dedication to occur sooner if Owner or. City · acquires property on other ~ide of creek; Deferral of dedication must be executed by current property owner and must be bin~ing on future owners; Minimum reservation line. to be based on, elevations from Nat~an Mier study. Alternative study may beu~ ifacceptable to City Staff or Coum~il.. 2. Allowable'forOwner to build/own facilities within minimum .reservation: if such facilities meet standards and intent of WPC MasterPlan. Construction within Minimum Reservation requires dttf$'lopment so that the private developme~t can ~Flate to the park d~y~loPfl':l~nt i~"a ITlaHrler that _is advantageous to both (public and private). This will require: , " ' Maintaining a pedestrian walkway to preserve the physical continuity of the linear park setting;' . Providing for public pedestrian. access. (by dedication of an .easement or similar instrument) through the private development to preserve the continuity of the park function; ...>6 Maintaining; ;a1kway lighting and landscape d~velopmentina setting consistent with the development"'of"WolfPell' Creek Park; -,.:, Privately own~areas to be privately maintained. 3. Subordination of Dedication: ' The, ,dedication, of the Minimum Re.servation Line shall require the City to subordinate its position in'the real property within said area for any improvements which Developers undertake to improve for Developers' lenders and assigns. This subordipatiqn. shall inure to the benefit of Developers' successors and Lenders of Record.' .,'1 ref: 3359 - ~t \0, ~4 \o~\,- -~~'ot ",.I~rkll \M f""...1' ~ '"-'.'" "ttW ~~o* ,r~..J~ kl..~-- . o~ IVt'o~~'4-> , ..~ (J... . . ....~. . ..' .\..l.r-o ." '..C.. ...e.'U..-J. ) . ., ~ -4...~(~ \0\- ~ , ct"-J- t\ \ ~ j.A..... ,.,~~" 2. , ' Allowable' for Owner to build/own facilities within, minimum reservati()fl if such facilities meet standards and intent ofWPC Master Plan. Specific facility to be built is restaurant. Gonstructionwithin MinimuIll Reservation requires development so that the private ,. development can relate to the park development in a manner that is advantageous" to both (public and prtvate}. This Will require: Maintaining a "pedestrtan walkway to preserve the physical continuIty oftfie linearparkq setting; Pl"ovidirtl[forpubIic pedestrian access(by dedication of an easemen't or similar mstrument) throul[li the private development to preserve the continuity of the park fUnction; Maintainingwalkwax lit!hting and landscaJ1~_developmentin a setting ' consistent Wlth'fhe development o:fWolf Pen Creek Park. Privately .owned, areas to 'be privately maintained. J " CITY OF COLI...EGE STATION Post Office Box 9960 1101 Texas Avenue College Station, Texas..71842-096Q (409)764-3500 December ..11.,....1992 Mr . Paul... ... Clarke Cla.rke&Wyndham,Inc. 36'08E. .' .29th Bryan, . Texas.... '.11802 RE:Clarke and Wyndham'.Oevelppment .Agreement Dear Mr. IWa$prov~d.ed.acopyofyol.lrlett.er ,of DecTmber .8,199.2 ,by Jim ~al1~wa.y. .li1!Clsked~hat.I~espond,to,YOQr;r:eque$tthatwolfe Nurse:ry .not . becQn.sidereda.sUqCesso17int.~tle ,under., . the Develop- mentAgreement7 '" , HedpesagrT~wi'thtlratrequ.est>tothe ,extent. that ,it ...ClPpliesol'lly, .t.oi~l'l'eCl;r:eClincluded\Vithin ,thesite:plan apP;roved'bY 'thTD~si.~n~Tvie\\7130a:r:<3.iQnoctober19, ,.1992,andt.he plc\nning . and ,z ~l'lil'l<.1(t()llllllissiQnOnNpvembTr5" ..199.2. ,In the event that.WolfeNur~ery "5>~m~t5>a .,fSl.l:bst.it~te ..site .plClntha,t. includes ~Ilyoftl1e ,.minimumrE!:;ervat.ipn, . ,it.wi..ll.beconsi.derE!dliJnder the Developme.nt AgTe~1ll.eIl~i. ,'];'hisagreement..willcontinuei.l'l, full force and effect to all(,')fthe .remai.ni.ngproperty>inthe sutton Place... .Subdivision. I.hope :thatthis answers all of' your questions. Yours very truly, ~,-- Cathy Locke City Attorney CL:di cc: Jim 121092 dilalclarke2 :(;Jv tjid From: To: Date: Subject: Natalie.Ruiz hcargill 7/18/97 4:06pm Wolfe Nursery Site I just spoke with Jim,Wallace in Houston and he is purchasing the Wolfe Nursery site at Holleman and the Bypass. He had some questions concerning the development agreement for the Sutton Place subdivision and how it pertains to the redevelopment of the site. He sa.id that he's seen the develo,pment agreement but he is still not sure if it is binding to the new owner. He has a letter written by Cathy Locke that makes .himthink it may, not apply to the new owner. I told him that the development agreement references Wolfe Nursery's "heirs and assigns" and that we would assume thenew.owner is responsible for the conditions outlined in the devil agreement. He asked that you contact his attorney to discuss the matter. Her name'is Sherrie Thomas at, (713) 840-7710. I told him that I would give you the message. Let me know if you need additional information. I think you guys have a copy of the developrnentagreement and the correspondence from Cathy that he is referring to. Thanks in advance for your help! ee: jcallaway, jkee, klaza, svolk CITY OF COLLEGE STATION Post Office Box 9960 . ' . 1101 Texas Avenue College Station, Texas TIS42-0960 (409) 764..3500 MEMORANDUM TO: FROM: DATE: Planning and Zoning Commission Jane Kee, Senior Plannr RE: October 26, 1992 Wolfe Nursery Project Located In The WPC District This is the second project to come before the Co:rnmission ~i~q~1 ~d~pt~oh!1 of the Wolf Pen Creek Zoning District. The first was averY!, ~mq' :R~dJl~~ti that was never built. , ThiS",isthe first large scale projeytt il n ,~ilqei locatedat the comer of Holleman and the East Bypass.. It i"'1~ ppn~~~~ G>~ an . enclosed building, several greenhouses and an 1 outdi([)~r ~ll~deil structure. ' By ordinance the P&Z acts as the approving body for ~C;P~~j~ct~ Wth.i recommendation from the Design Review Board. The D~ y~n!~~~ts ipf! ~hei 3 members . of the Project Review Committee plus 4appo~nted I werqJ)~!rs .11 Presently these appointed members are David BrpGh~i! i ~m~pi1he~ kIlowle dge able in , ,aesthetic judgment), Julius Gribou taichlt~ft)j'!ii .~krtj Munroe (land owner inthedistrict) and Steve Hansen (b~s~e~sllp~~s~n).ii The factors that the DRB, and thus the P&Z, review each p~oje~i ifo~!li;a~~: Ii ! , II I I; ) 1.1 ! i !' :: i ! i : :! !:I ! 1. Conformance with the City's land use and develop~'H~nt,~ptle~ 2. Logic of Design 3. Exterior space utilization 4. Architectural character 5. Attractiveness 6. Material selection 7. Harmony and compatibility 8. Circulation - vehicular and pedestrian 9. Maintenance aspects The Design Review Board (DRB) held three meetings with architects! representing Wolfe Nursery. The Board recommends approval of the~ite and landscape plan. as most recently presented to them. The notes, of; that review are included in your packet. ., MEMORAJNDUM October 19, 1992 SUBJECf: Wolfe Nursery, Inc., CharlesE.Smith 6500W Freeway, Ft Worth,TX 16116 Clarke & Wyndham, Paul Clarke I Pat Siegert 3608 East 29th St,. Bryan, TX 11802 Design Review Board: .. .. (~.., .. .'.-'1 Jane Kee, Senior. Planner "",- ,.,.~ Veronica Morgan, Assista " .. . to the City Engineer Mike Lane, P & Z. Commissioner David Brochu, Chairman Julius Gribou Others Attending: N atalieThomas, Planning. Technician Deborah Keating, Project Engineer Samantha. Smith,. Engineering Assistant Tony Michalsky, .. Electrical. Operations Co.ord George Spain, Fire Inspector Steve Beachy, Parks Director Coy Perry, Building Official Ed Hard, Transporta tionPlanner PARKING. . LOT PLAN - Wolfe Nursery; . (third review) to be located on the so.uthwest quadrant of the intersection of Holleman Drive and the East , By PasS', lot 1 and part of lot 2 in the Sutton Place Subdivision. (92~420) TO: FROM: The Wolf Pen Creek. DesigpReview Board (PRE). reviewed .the above mentioned parking lot plan Wednesday,pct9ber. 14, 1992. The Board agreeq, that the revised plan addressed the. major .concernsex'pressed by the Board at the p ryvio us meetings. The site plan as submitted is mCJ}:-eon target with the jdeaLloQk. for priYate development in the Wolf Pen Creek Corridor. . Although the plan should contain · more technical information prior to. Jinalapproval, the Board agreed. to forward ... the .., plan to the Planning and Z0l1ingCol.11111ission for furtherreyiew.. The applicant informed. the Board that some of the ,. elemel1ts shown on the site plan may not. beyconomically. feasible. Cost" estimates on the proposed pavers were.... much higlJef th~n, anticipateq. The applicant requested to ,look at alternatives such as stamping and dying of concrete or exposed aggregate to defin.e the pedestrian crosswalks. The following. comments were made by the various reviewing agents: PRCReport Wolfe Nursery Case #92-420 Page 2 DESIGN REVIEW BOARD: Shdwproposedchangeson the revised site plan to be reviewed by the Planning andZoningeJommission. ""Suggested that.eutbacks not be made along the perimeter of the site, and instead possibly cutback around the shade structures. Since the pavers are not being used in the park area, it is not essential that they be used in this development; however, the pavers do have a great impact on the site and help defipe the pedestrian walkWays and', br~ak ,up the monotony of, the ~~aps~ of concrete. .' ,Encourag~dthat alternatives be, ,researched to provide basica.lly the same impact and definition of the walkWays. Sllggested that the siding material being used in place of the stucco facade be presented at the Planning and Zoning Commission meeting. ThecOIlsistentl11aterial .and coloring along the Holleman side of the building is Illl1chmore acceptable; however, the varied elevations along the roof line are not necessary. 'Fhe proposedsignage iSll1uch more acceptable and isa focal point for the site. PLANNING: If the proposed>monumentsignis built within the low profile' sign specifications, a seco~d Jow , profile ,sign . can be ,installed' as ,long as the. two signs maintain a 150' separfltion. ,If the proposed . monument sign is not built, within the ,low. profile sign sPtcifications,a second sign will not be allowed · on this. site. One directional, sign locat~d .at the entrances is 'allowed as long as it is no larger than 3 square feet with 1.10.. more than . one-half of the sign containing copy. ELECfRICAL: Ul1derground ,electrical service ,is, required for this '.,site. ,The developer is re~p()nsible for thecostdifferentiaJbetween underground and electrical service. Submit load data, transformer location, service size, service location and a letter requesting , undergrounci .,service to Electrical Operations Coordinator Tony Michalsky at {409} 764-3660. Show.'. existing. utility . poles. Provide. a 20' utility easement and conduit from the transformer to the rear property'. line. The developer is responsible for. everything . from the transformer to. . the meter. CoordiIlateJighting requirements pertaining to the entrance drive along Highway 6. with Electrical Operations Coordinator Tony ,Michalsky. ; " . .. PRC Report Wolfe Nursery Case #92-420 Page 3 G.T.E.: Supply. .one 211. conduit from. the building termination tQ the pedestal located along Holleman. Coordinate details with G.T.E. Representative Laverne Akin at (409) 821-4723. SUBMIT 10 COPIES .oPTHE.REVISED SITE PLAN BY OCTOBER 28, 1992 TO BE REVIEWED BY STAFF . AND INCLUDED IN THE. PLANNING AND ZONING COMMISSION PACKETS FOR THE MEETING OF NOVEMBER 5, 1992. "' .....'. MEMORAN.DUM September 23, 1992 Wolfe Nursery, Inc., Charles E. Smith 6500 WFreeway,FtWorth, TX76l16 Clarke & Wyndham, Paul Clarke 1 Pat Siegert 3608 East 29th St, Bryan,TX 778 FROM: Design Review . Board: Jane Kee,Senior Plan' e V eronicaMorgan,Assis ant 0 the City Engineer Mike Lane,P. & Z Com · sioner David Broqhu, Chairman Julius Gribou Others Attending: Natalie . Thomas, Planning Technician Samantha Smith, Engineering Assistant Shirley Volk,Development Coordinator Tony Michalsky,. Electrical Operations Coord Deborah Keating, Project Engineer George Spain, Fire Inspector Claude Cunningham, CSISDRepresentative Kean. Register, Lone Star Gas Representative Don Fazzino, Lone Star Gas. Representative Laverne Akin, GTE Representative Jim Smith, Sanitation Superintendent TO:' SUBJECf: PARKING. LOT PLAN- Wolfe Nursery; (second review) to be located on the southwest quadrant of the intersection of Holleman Drive and the East ByPass, lot land part of 10t2 in the SuttonPlaceSubdivisiol). (92-420) The Wolf Pen Creek Design Review Board (DRB) reviewed the above mentioned parking .lot plan Wednesday, September 23, 1992. The. Board reviewed the original plan on September 2, 199f aIldagreed that the propo~ed use oLa.nursery ,was acceptable and desirable. in the 'WolfPeIl CreekzoIlingdistrict;howeverthesiteplan as submitted wasinqomplete and did not indllde enough inforlUation fora technical review or review of the Wolf Pen. Creek Design Standard~. At. the September 23, 1992 meeting, the Board determined . that all concerns expressed.. at . the first meeting .had not been addressedan.d the site plan was incomplete. The following comments and concerns were expressed by.theBoard: j,"'l ,. DRB Report Case #92-420 Wolfe Nursery Page 2 DESIGN REVIEW BOARD: General Concerns The proposed. planted island located along the west drive that screens the guest pickup, and.. delivery ,area, is effective and, . helps address the Board's concerns pertaining to theview'ofthe . project from Holleman. The elevation drawings., are not to scale. and are very rough in terms of an actual depiction ,of the project.,. The trees are depicted' to be 'much larger than actual size. When the site plan is reviewed by the Planning and Zoning Commission, more realistic elevation drawings should be presented. In general, the .landscaping design lacks creativity and initiative. The screening along the south .side of the 'development which .faces the creek, is inadequate. The proposed 1 gallon junipers on. 5' centers will not provide an effective screen. The landscape plan of this area is misleading showing a solid band of green while in reality, the proposed 1 gallon junipers will. never touch one another. The plants should be placed closer together ora larger plant should be used. The elevation drawings show ivy growing along the chain link fence; however, this is not addressed on the landscaping plan. The proposed ivy should be .of an evergreen type material 'and incorporated into the screening of the dumpster area. The proposed rowofabelias along the East Bypass serve no practical purpose,,"'"""'" and are monotonous. The Board suggested that the hedge be removed and use the funds from'this planting to, enhance other areas of the site or to place accent landscaped. areas. . Fllong' the East ByPass instea.d of"a solid hedge. This spot treatment could also be implemented along Holleman with the use of berms and elevation changes. The proposed screening along Holleman is not effective. The revised site plan 'lacks the ,elevation changes,. . retaining walls and other park features<discussed during the previous review. The proposed pavers could be used in the' crosswalk areas. The architecture of the building ignores the fact that this is a corner site. The north side of the building should include features from the front of the building such as the use of the same stucco material, varying the elevation of the top of the building, using the same colors and even possibly placing the same facade from the front of the building on the Holleman side. The proposed metal paneling for the facade would have to b.e approved by the Board. Submit colored elevation drawings of the sign. The sign should incorporate textures, colors and designs from the architecture of the building to tie the two together. The pylon sign shown in the photograph does .not accomplish this. This area could be a focal point of the development if the sign were enhanced with landscaping elements including berms and retaining walls. The crosswalk areas could ,also .betied into this corner through pavers and other improvements. "If' " DRB. Report Case .,.#92-420 Wolfe Nursery Page 3 Suggested that aPr>licant . provide drawings of certain key areas of the site such as the dumpster, sign, crosswalk areas and any .otherkey landscaped areas to show more detail. The. two triangular shaped parking jslands located on the north side of the site where the ' crosswalk enters, the parking lot, could integrate brick pavers as allowed by the landscaping ordinance or have lands.caping. The islands cannot be concrete. The north. side of. the building where electrical equipment will be located should be effectively scre.ened from Holleman, as should any mechanical equipment. Technical Concerns: Provide a parking legend on the site plan. Show parking island dimensions.. Submit details on the shade structure. The note pertaining to lighting should ,b.e made more clear to state that the proposed fixtures will. match those being used in the park. Show sidewalk along Holleman and properly note the dimensions with respect to pavement width and distance fromba.ck of curb. Submit. more information on the proposed brick pavers such as color, material, etc. Raised . curb '. details will need .to .be added prior to building permit issuance. Show the ownership of abutting parcels. Show the 100 year floodplain if lo.catedon this site as per the 1991 FEMA maps. G. T. B.: Supply OIle 2"cQnduitfr0ll1. the building ,to. the pedestal located along Holleman. Coordinate telephone service with <GTE Representative Laverne Akin at (409) 821-4723. FIRE: If the greenhouse is attached to the building, both structures must be fully sprinklered. Coordinate details with Fire Inspector George Spain at (409) 764- 3705. ,~." DRBReport Case #92~420 Wolfe Nursery Page 3 WATER/WASTEWATER: Submit. minimum and maximum water flows to Operations Manager Dean Sharp at (409) 764~3660. Note that the. water and sanitary sewer service lines shown are public lines. If the City. has ., to repair a public .. water or sanitary sewer service line and landscaping is destroyed, it is the pro,perty owner's responsibility to replace the landscaping shown on the site plan. DRAINAGE: Once the site.layout isdecided,.contact Project Engineer Deborah Keating at (409) 764~3570. to schedule a meeting to discuss the drainage information required for permitting. BUILDING: There is on~ extra handicap. parking space provided., This. space cannot be completely.. deleted, hut can Qe '. designated as a regular parking space. The reIl1ainingarea .could be.. used to enlarge a parking/island such as the triangular shaped island located on the south side where ,the crosswalk enters the site. SUBMIT 13 COPIES .OFTHE REVISED >SITE PLAN AND ALL ADDITIONAL INFORMATION TO' ..,BEREVIEWED.BYSTAFFFOR COMPLETENESS PRIOR TO SCHEDULING A THIRD DESIGN REVIEW BOAR.DMEETING. MEMORANDUM September 14, 1992 TO: Wolfe Nursery, Inc., Charles E. Smith 6500 W. Freeway, Ft Worth, TX76116 Clarke..&Wyndham, Paul. Clarke fPat Siegert 3608 East.. 29th 8t, Bryan, .TX77802 FROM: Design Review Board:/ ' Jane. Kee, Senior Planne;r;~.. Veronica Morgan, Assisa to the City Engineer Mike Lane, P& Z Com issioner David Brochu, . Chairman Steve Hansen J uliusGribou Bart Munro Others Attending: N atalieThomas,Pla.nningTechnician Saman tha ..Snlith,Engineering<Assistant Shirley VQlk,DevelopmentCoordinator T.onyMichalsky,Electrical Operations. Coord Deborah Keating, Project Engineer George' Spain, Fire Inspector SUBJECf: PARKING LOT PLAN .-Wolfe Nursery; to be located on the southwest quadrant of the. intersection of Holleman . Drive. and ,the. East By Pass, lot 1 and part of lot 2 in. the Sutton Place Subdivision. (92-420) The Wolf PenCr,eek Design Review Board (DRB) reviewed the above mentioned parking lot plan ",ednesday, September 2, 1992. . The Board agteed that the proposed use of a nursery was acceptable and desirable in the Wolf Pen Creekcorridor; however, the site planas submitted was incomplete and did not include enough information for a technical review .or review of ,. the Wolf ,Pen . Creek Design Standards. The following comments and concerns were expressed by the Board: PLANNING: Parking for this develQpmentwill be figured ,as follows: ,1 space per 250 square feet of enclosed. retail area and 1 space per 1000 square feet for outdoor retail area. ENGINEERING: All proposed and existing utilities should be,'shown. .,....e '/1i& >:" PR C Report' Wolfe Nursery Case #92-420 Page 2 GENERAL CONCERNS: The. sitepla.n should address · the conditions listedintheW olfPen . Creek Zoning Ordinance including landscaping, screening, signage and pedestrian accessways. The site should be aesthetically pleasing from.. all directions; especially.the rear of the building. and the side. that will fac~<the creek. Requested · elevati~ndrawings from e.achsideof the development that will include the building, greenhouse, shade area, landscaping, etc. COl1cerned with the app~arance of a conyrete driveway surrounding this site and isolating ,thisdeveloPll1ent from the. park. '. The parking .area and driyeway could be reconfigured to incorporat~ and blend with the park area. Sugges~ed that the architect incorporate features from the. park, .. such .as landscaping, retaining .walls and pavers to help blend in with the park setting. (Parking lotlighting should be shown 'on the.site plan 'and. match those 'used in the park.) The proposed' screening of the chain link fence is inadequate. A more creative approach should be used . to screen the proposed fencing. The entire site could take on an Arboretium-typesetting where the planting materials and features integrate with the retail stock. Submit more inform.ationand details .on the proposed metal building. SUBMIT .13CQPIES OF THE REVISED SITE PLAN AND ALL, ADDITIONAL INFORMATION TO BE REVIEWED BY STAFF FOR COMPLETENESS PRIOR TO SCHEDULING A SECOND DESIGN REVIEWBQARD MEETING. 08/26/92 13:54 S 817735 094S SUNBEL T i NURSERY., 02 -Ht,INON 'tNGINEEfUNG !NC ~~h:~"t,~-2B2"'$1$6 Au, 19 92 10 :}6No. 002 P. O~ ~-iug 1 Y. ':f:.t 1 u...!~ NO. UlJ4 ,... U;l August 4f. J992 TOz Uono"abl'H8101" & Cfty Council 'ROH'MhftPShhsltChairman. Planhfing& ZonitJgCommbsfcm sua.)tC,.: Re$ultltl'l" Planning & Zon1nocomnrlss10nMt.tfno of Auoust 3 At .ftl.".tfngof AU9ust3, th, PlanntngaZoninvC(Jmnriss1on took actfon 0'1 the '011 owt PJg: Puft1fc "'.rfnV=Zoning Case 92.55 Applicant: · 'lann1IJg.aTra"SP()~t<<tfO"DfP....tment OESCAIPTJOH: Requ.fttoam.nd<S.et,on 1-600CDef1nttfon'h Stctton2..Soo (PItr'lI1itted US'S)lndSectfor'!IIUO.O(Off,.Streetpark1ngand Lo.ding). .Of . the 1JJflfnv ord1naneetolm.ncfithe>d.tfnftfOnS,p'rmf.tttddbtr1ct,. and Plrktng reqU 1 r.m.nt,fOt"nur'8rtlt. <and garden o,.nt,,.,. APPItOVO, '-...J:..L. STIPULATIONSr fftc:oIMlOndtd,'or.ppt-o'lal. The cbange$ are und."ltn'd toryout" 1nfOrmltion. Section 1..600 DEFINItIONS DEHtElh -4"<11 .. TAILED t _ ~ ew.. e illJtlon) Nursery .An Istilblhhm ~,.,.~...~~,., diSplay, JtQ1"a91 and Salt .. . IJJ · ,> · > . . . ... '. Dfl~rg~ .p ants, srubs l"dtl"l." and .othermtte'rffftuse.t-~tnoot"oroYtdoor Phnt1n9s. (Revised defin1t1on) ~. 08/26/92 13:55 Z 817 735 0948 SUNBELT NURSERY 03 Honor,b1tMayor& City Counc11 Zontn9CIse .....92...55 AU9ust~,1.992 PIVI2 of2 Sect 1 on · 2 - 500. · PERHITTED USES a.t'd.n~e"terswoutdb..llow'dbyr1ght 1n the fo11owing zoning district.: Rt'CBtlCtCE,C8-1,ll.1and~I..2. NUY's't:i.swouldbell1ow8d by right 1n thl followin9 zOning ~1ltrictS% At ~.l tndL.a'f NUrs'ri1~$..wouldbr.L.'1owedw1th a Specific '." Use P*rlltit i(SUP) in the fol1ow.1ngzon1ngdistr1ct~: R,CB;lC, CE,C8.1 to-I and O.2~ (S.tRtvisldTabltot Permitted Uses) Section 3-1100 OFF.STREET PARK!NGANO LOADING ~~~::~,~'-1f~.1'i'~~-!~J::~~l~r ~"BI ,JVl OQ, '~I~~M~'~lr~.t\~~t,;~~I~~~~lir.:~~,~1.4f1 oo~. I~.I)'~' ,one ~D'CI 'CRCITYCOUNCILH.EETINQOF: August 24t 1992 MS/da As of this date, the Cftyhas issued Development Permit #150 which permits work to commence 011 site with the exception of the area within the fioodway. In order to grant an unencumbered Development P~rmit for the Wolfe Nursery development at SH6 and Holleman Drive you must acquire a variance to the requirements of City Code Chapter 13, Section 5, Paragraph G (attached). The procedure for obtaining avarianc~ is outlined'in Section 6: VARIANCES which is attached for your, inforniation.Whenyou have submitted the required 'information we will schedule your request for con:sideration by the Zoning Board of Adjustments as soon as possible. ClJ--ctoo DEVELOPMENT PERMIT PERMIT NO. 150 CASENO. 92-420 FOR AREASWImIN.THE SPECIAL. FLOOD HAZARD AREA RE:CHAPTER 130FTHE'COLLEGE STATION CITY CODE Lot 2 and Part of Lot 1 - Sutton Place 2.548 acres SITE ADDRESS: 906 Holleman Drive OWNER: In accordance with your City policy,the developer shotild plan to furrrish and install, in compliance with,City,'speCifications, all required, electrical G6hdJrit and pour the required concrete pad for said 150kVA transformer. .', The electric layout <Irawing enclosed provides details regarding the required number and sizes of conduit, installation depth, proposed conduit locati()ns,rjserpole conduit requirements, etc; the transformer pad details should be furnished when the dimensions of the transformer proposed to be used are known. In accordance with the established policy of your City, the developer is responsible . for reimbursing your City for the additional cost of an underground layout over a normal overhead electric layout. As, in past instances, we recommend that this additional cost to your City be determined on the basis of th~difference between your City's actual costs incurred in installing the' proposed undergrotlI1d layout and the estimated cost of the most Jimmy D.McCord,P.E. President nnrtih ams.rioan SigOS™ north american signs,incc. Mailing Address: P.O. Box 30 . South Bend, IN 46624-0030 Shipping Address: 3601 WestLathrop -South Bend, IN 46628-4346 National Toll Free (800)348-5000 Fax #(219) 289-8118 Ph. (219) 234-5252 ~~ July .8, 1993 Sabine ,Kuenzel P.O. Box 9960 CollegeStat.ion, TX 77842 Subject. Wolfe.' Nursery, #792 6900 . East ... Bypass College Station, TX Dear Sabine, Per our conversation < in June, enclosed is a comput.er color graphipof. t.he . nort.h ej.evat.ion of ,t.he newW61fe Nursery st.ore. The graphic shows the'.' set of channe).letters t.hatwe'd like to place on the wall. As you are aware, the side of the building was painted Tealglo, per request of the Design Review Board. Standard Wol:fe stor.es llsve< thesideelev..ations painted Townhouse Tan. Ift-he elevat.ion1rlereTaninst.eadof .t.he Tealglo (a darkgr(:?~nJ+.i then a set. of let. ters identical. t.o t.hose on t.he st.orefron.t. wou~~:''''~I~~been appropriat.e for t.his. elevat.ion. The st.orefront let.~~J:"~.,:i~Clye ,a t.urquoise face and thuswC)uld not., be visibleont.h~'f~frCl't.ipn paint.ed Tealglo. Since th,eBoard. request.ed the dark~~m~.lnrJWj~ "~e alt.ered t.he, color.' of t.he. proposed let.'t,ers ,so t.hat.t.~:f1)ji,J~.l.~.. }?e visible. A sample of theplex material that. . will be. ~~~?i :'ifpr' .., t.he face is enclosed. The style and'size of the proposed let.tfe'X"swill be identical. t.o those on the st.orefront.. Also enclosed iea line drawi.ng of the 'proposed let t.ers. A:fteryou have reviewed t.his information, would you call me t.o discuss the sign permit? Thank you for yourhe1p, Sabine. Sincerely, Cher....A. Madison '.':Account Manager U(!jta/ Cfioat#~~ WOM/~ W~" '1'J;jQl) ~ ~ I r-" ~ InI II:::. (: ~ ~ ~ ~ ~ .... .... II:::. =- \I ... ~ HI I=- ~ mzl 00 t:~~ rt:r ~ ~~ t ~ ~~ ,~~ :r~ > ~~ ~ :s~ In :::s U\ (S) ~()O >IZ :i1Z>m >aZ(S)r () rC\ ffi m m\J1 r --\ ():<ro Ormll rm-\- o -\Z c>m--\ 7O~A1m ()m(S)~ - z I\JS:> >mor ZZc~ G)--\Z' mO-\r \J>mr \jr\JC mejoS: 70 Zz G)~~~ 7O-\>m mO()a mZ~t}l Z <0 ~(S)~ : :>d: > r7\jrZ !mrn\J · -n~N ~~~ Z -\ '-. P1111111111111!!illillllliiliIIIIIIIltlllliiiiiiliili,1lll,liiiiiiilillliii eUN6ELTNUR5ERY GROUP, .'.lNC. is, the leading specialty nursery retailer insixmajormetropoUtan areas with 1.00 storest~atfeaturenur!;e,rystock. and lawnar1d~arden · produc~. O~igi.~aUyformedasawholly owned subsidiaf)'~fPi~r 1. Imp?rm,lnc.,Suni)elt operates under threeproAlinent retail trade names tl1at have existed in their markets for more that 30 years: Wolfe Nur$eryinTe~as.. and()~lahoma, NurserylandG(l~den Cen~ers in Califor- nia, and TipTop Nurseries in Arizona. Sunbelt'smi,ssi.onis to generate profitable sales by fulfilling people's basic desire to create morebeautiful,livable homes, with plants, trees.; and gardens. Sunbeltparticipates .1n this market as a specialty retailer and innovator,offering new ideas and merchandise that help customers enjoy gardening activities and enrich their lives. Sunbelt's commitment to customers, who are regarded as guests, <is to always provide: e 'Expert advice readily ,available from trained ..associates e Quality merchandise .Productassortm.entsthat are deep, broad and always . fresh e Stores that are, ..clean,orderly .and easy to shop · .Prici ngthat is . fair .' and,. reasonable · Cheerful customer service FINANCIAL ~IGf.4LIGf.4T5 Year, ended January 31, CONTENT5 A Letter From the President .......... 2 From a Strong Foundation .. 4 Selected Financial Data ... 10 Management's Discussion. . 11 Balance Sheet, . . . . . . . . · · 15 Statement of Operations . .. 16 Statement of Cash Flows .. 17 Sta~ement of Changes in Shareholders' Equity . . . . 18 Notes to Financial State m e nts ........... 19 Reports of Independent Accountants ...... ..' . .31 Stock Prices and Corporate Information '. . . . . ,. .. . . .32 Corporate Directory . . . . . . 33 Management Team . . . . . . . 34 1991 $142,027,000 5,892,000 1992 $140,078,000 3,214,000 0.54 69,272,000 46,242,000 $5.45 5,947,000 Sales Net Income Per Share Total Assets S.hareholders' Equity Per Share Average Shares Outstanding 56,238,000 $ 8,370,000 A LErTER,FROM TI-IE FRE51DENT DEAR. SHAREHOLDER, Thanks to a' successful Initial Public Offering (IPO) In October 199t,Sunbelt Nurse'ryGroupis'stronger and better positioned for growth than at any time in the Company's history. In many ways, our re.emergence as a publicly'held corporation is a co,ntinuation of ' ,the .same.,Sunbelt Nursery Group that traces its beginnings to the original store that Ross Wolfe opened. in 1919. Our years of experience provide the advantageofasound foundation that 'is. key to our continued succe~s.We know our way in the highly competitive retailnu rserybusi nessand, most importantly, ourqustomersknow us. At the same time,Sunbeltis very much a newcol'llpanywtlere we have outgrown the old w~ys ofdQingbusiness.We are building,r~newed rrlationships with those who shop!our stores and with each other within Sunbelt. A key part of this renewal is greeting those .whoshop our stores, as . guests. W:e'retraining every assocIate on the Sunbelt team to focus his or her attention on making. sure our guests visit stores thata:re~ttractive: and easy to shop. We're upgrading the quality of our facilities and enhancing the shopping experience of our guests. We've refined our management organization to be as efficient and supportive as possible. To lower costs and give the most value to shoppers,we'veconsolidated merchandising management at the corporate level. Product .and vendor .selection and pricing~oliciesare, controlled by central management, that receIves direct compan}'.widefeedback from store and district.managers'to.fine tune purchasing and ,pricing decisions. Management participates in tailoring product selection for each market so the highest quality merchandise is selected and uniformly displayed . At the.' same time, it's possible to quickly respond to seasona.1 trends and apply consistent merchandise layouts and programs. Using. information as a competitive edgeis,'aprimarygoal of these new programs that enhance communications externally with consumers and internally between operations . management and store.level associates. We are designing and implementing an information management system that will provide 'key data on the movement of merchandise throughout the Company. Gathering and. using this merchandise. tracking.. data.willestablish the next competitive advantageforSunbelt. Attaining this level of knowledge about our busin;ess can only help Sunbelt surpass it's goal of a 50 percent increase in sales during the next three years. Our results for fiscal 1992 show Sunbelt earned. less income than in fiscal 1991, although'salesand gross profits were about.. the same. ,The difference 2 Sunbelt's renovated stores include large, adjoining, weather-proof greenhouses with retractable sun-reflecting screens, providing tender plants protection from a variety of weather conditions. in, pretax earnings is largely due to interest and amortization .expenses associated with our lPO consummated in October 1991. It should be noted, 'however, that gross profit margins for fiscal 1992 remained a very healthy 46.40/0 '. for the year despite the negative impact of. drought and a soft economy in Southern California, coupled with. record' rain fall. last year in most of our operating areas in Texas. Sunbelt's true'strength is ,seen in the Consolidated Balance Sheet. At year end, we had $12.1 million in' cashon hand, no short-term. debt, a relatively smallamounfof long-term debt and $46 million in Shareholders' Equity. In addition, we have avalilable $20 million from a combination of bank credit and sale-leaseback financing, and other sources for sale-leaseback and . build-to- suit landlord-based financing to help fund our expansion 'program. Sunbelt is ina strong' position and is well under way with our previously announced program to renew our facilities through renovation ,relocation and expansion. At the beginning of fiscal 1993, we were working on more than 30 real estate deals thatwiH help us enlarge and relocate a majority of.our':Texas'stores, and openl5 to 20new'storesduringthe next two to three years. There are currently two stores.' undergoing 3 renovation in Houston. Already completed are two renovations in Dallas, one.. each in.' Houston and Odessa, and new storesln South lake, Texas, and' San Dimas, . California. These new facilities, ,. all in existing markets,w.ill:allow us to expand. product lines":andlncrease. operating. leverage ag ai nstrllanagemel1tand ..marketi ng expensesinlocationsweiknow. well, and where sh~~e~.rsreco~ni~~an~welcome us. We. haY~!~.focused'~~rate~y based on developingiasetof prototype stores that best serve our existing. markets where we know howitobe successful. The new faci .Iitieswi If 9 iveusoperati ngefficiency in our market niche that includes the attractive combination of quality merchandi~eand a high level of service. SunbeltNurseryGroupis ready for success. Wewelcorne our' new shareholders,'. and .,.Iook, forward to reporting to them news of our progress as we more fuUy develop our program of renewal and. growth.in the marketplace. Sincerely, ~...~~ , Donald W. Davis President, and Chief Executive Officer April 8, 1992 ,Glass-front greenhouses help to set a mood of openness and allow colorful merchandise to create inviting images and encourage consumers to shop at Sunbelt stores. F~OM'. A5rRONt;FOUNDArlON Workingfroma. foun~.ationofexperien.ce and.fi nancial strength,Su nbelt Nursery G roup is ..rebu i I di ngits ..faciliti es, . work forc~ ,artd>l11arkets. .i~tQa~ron~~r, hea~~ierforporation,>ppi$~~.~r~~Fc~sS. Th~.e$!lential.~spe~tpfSun~~It'sre- em~r~en?e as a,~lJbli.~lytr~~~d~9rT1PClny in~?~o~~rJ9.~t.)heWtly~r,i:!l~h~ Com'pany's .commitmentto ..renewlng the most vital of old relationships, that of its customers. Sunbelt's goal, is to strengthen customer loyalty. by. creating a ,co.mplete shep~i~~i~xperience. that is. altogether pleCl~apli~~d sCltisfying.Tomakethisgoal a r~ali~~~r~unbeltisupgrad in~ ,., and exp~rt~in~~he facilities~nd rn~rchan~ise it offers shoppers, and is training Sunbelt 4 5UN6EL T 5 TORE 5 OF T.I-4E FUTURE, TODAY associates, who. comprise the Company's workforce, to practice Service Excellence at all times. During the next two to three years, Sunbelt will complete a renovation and expansion program that includes remodeling and enlarging a majority of our Texas stores, and opening .15 to 20 new stores company-wide. The, purpose of the program is to build Sunbelt's stores of the future today. The new stores are larger, easy-to-shop facilities that support the sale of a greater variety of products over an increased selling seasonJna more attractive environment. The new and remodeled stores are about twice as large as existing units, many of which' are operating at or near capacity. In addition to much more selling space in the. main building, each contains a large, adjoining, weatherproof greenhouse where needed and a fenced sales' area., This compares to existing stores with outside areas that are only partially protected from the weather. The. bigger new stores contain an average of 12,OOOsquare,feet of interior selling space, plus 16,000 square, feet of controlled-environment greenhouse that allow the Spring selling season to begin earlier and reduce weather-related markdowns, increasing gross'profit margins. These stores can be,shopped in comfort regard less of weather, and their larger selling space ac~ommodates large volumes of attractively presented merchandise. The renovation and expan'sion. program is expected to.,generate increased sales thatwillpay back.expansion expenditures 5 over a,short period. Average store sales for the newer units are expected. to be $2.5 million, compared to $1.5 million at older, smaller stores. In addition, improved margins will increase operating leverage against expenses for advertising, purchasing, distributio.n and management. Shoppers at Sunbelt stores select from products that are oriented to local growing conditions and needs. Typical~ inventories include trees,landscape' shrubs, flowers, indoor tropical plants, lawn and garden tools, seeds, soil enriching amendments, baskets, pottery, fertilizers, pesticides, lawn furniture, fountains and garden accessories. During the,Christmas season,fr~sh-cut and artificial Christmas trees, poi'nsettias and other seasonal items are sold. Sunbelt's private-label Perma-Gro' products, an assortment of premium quality fertilizers, root stimulator and soil Outdoor shade a'reas, adjacent 'to ) green- houses, expand landscape selling . areas. Ev~ry Sunbelt store, has. a Yard . & Garden A,nswer CenteroHering expert information. enrichments, . feature distinctive pac:kagin.g and are available exclusively at Company stores. Perma-Groproducts are recognized by consumers as being of 1very high quality and are sought by shoppers. This gives Sunbelt stores a cOlnpetitive edge against larger retailers both as a point of product differentiation and as a. cost advantage. Sunb.elt stores also feature..container gardening .suppliesthat combine various nursery merchandiselnto finished products that customers. can use and enjoy immediately . to decorate their homes,condominiu msandapartments. Sunbelt shopp'ersaremore than customer~ . served by salespeople. AU visitors .are . greeted as guests and assisted, bySunbelt associates who offer expert information a:nd problem-solving advice.tomeet guests' lawn and garden needs. Service Excellence is a C.ompany-wide commitment to training and communications that stresses courtesy, c,om petency,cooperationand cheerfuln'ess in aU contacts between guests, associates and management. Its purpose is to. establish and maintain an upbeat" professiona'! attitude that ensures superior service and highly trained personnel. ' - Every Sunbeltassociateisschooled and coached on how to achieve success for themselves and their Company by continuously ,creating positive impressions . with guests and others. Areas stressed include the.importance of first impressions andchee rfu Igreeti ngs, neatness of work area ,and personal appearance, positive attitude and body language, listening skills, problem solving and time management. Training is.' given by store managers with the support of proprietary videos and workbooks. that ensure consistent application :amongall stores. Part and parcel, of Service Excelle.nce are new uniforms that instill pride by helping every associate present a ,professional appearance to guests. In addition, associates are encouraged to study for and meet state certificat,on requirements to become members of state nursery societies. Todate,more than 400 full-time Sunbelt associates are state-certified nursery professionals. Experience shows that shopping guests seek them out fot expert advice onhow'tochoose and care for their plants. .Inaddition, associates help guests find and select related .products, move them smoothly through check out, SERVICE EXCELLENCE: STRUC quickly load their vehicles and get them on ,their way. To further assist guests, each store has a Yard . and Garden Answer Center staffed by . knowledgeable associates. during peak shopping . periods.' Answer Centers also provide self-service . access to more than 1 00 proprietary how-to-do-it publications on how to . plan and execute successful landscape and garden projects. They are free for the taking. Providing infOrmation to guests as they shop is further enhanced by a new 6 Expansive greenhouses allowspace for a larger merchandise assortment and offer a comfortable shopping environment for Sunbelt guests, during any type of weather. TURING 5UFERIOR 5ERVICE 6""" FROFE5510NAL5, signage program that features color photographs of how mature plants will appear and details of proper planting methods and growth characteristics. Guests at Sunbelt stores tend to be middle-, to upper-income, college- educated homeowners. Within this demographic profile, the .Company develops loyalty by promoting landscaping and gardening as a leisure~ time activity. For example, the 62 Plus Club, which offers special discounts and shopping days for senior citizens, has attracted more than 60,000 members 7 Attractive and informative signs are "silent salespeople'" that increase sales. Greenhouse construction, combined with high-tech shade materia/allow for a cool and shopping experience and optimum plant protection in a controlled environment. wlho consistently return to Sunbelt stores for their nursery and garden needs. In total, the lawn and garden industry generCites some $21 billion in annual sales .for. an average of $284 per household. The industry is highly fragmented and no single retailer has captured a significant percentage of the national market. Sunbelt currently serves a segment that' equals less than one percent of the total market, providing great potential for profitable growth for many years. Sunbelt's strengths spring from its focused strategy of developing prototype stores that are easy-to-shop and ideally suited to serve its market niche, and of expanding within current markets to gain maximum leverage against management and marketing expenses. This strategy is supported by a commitment to provide unique,guest-oriented expertise, superior service, and a large assortment of quality merchandise, complemented by innovative marketing activities. The Com.pany's expansion and renovation program is developing larger stores with improved merchandise mixes that will enjoy extended selling seasons and reduced markdowns regardless of weather conditions. They will be capable of producing increased sales and improved operating leverage. 'WIT~ ALL WE KNOW, IT ~A5 TO GROW' 8 FINANCIAL INFORMATION Year ended January 31, 1992 9 5ELECTED FINANCIAL DATA Sunbelt Nursery Group, Inc. (In thousands, except per share data) SUMMARY OF OPERATIONS Net .sales Gross profit Income (loss) before provision . for income taxes and extraordinary item Income.(loss) before extraordinary item Net income (loss) Net income (loss) per share before extraordinary item (a) t~etinpome (loss) per~h:are (a) FINANf;IAL POSITION Worki~g capital Inventories Net. property and equipment Total assets long-term debtandcapital . lease obligations Shareholders' equity OTHER · INFORMATION Depreciation and amo.rtization Capital expenditures Weighted average shares outstanding (a) Number of retail stores Two-month Ten-month Year ended period ended period ended .Year ended Year ended Year ended January 31 , January 31, November 30, January 31, January 31, January 31, 1992 1991 1.990 1990 1989 1988 $140,078 65,018 $19,975 8,600 $122,052 57,851 $145,094 65,782 $165,797 68,020 $141,241 57,035 4,433 (2,175) 8,431 (8,976) (5,437) (7,716) 2,535 (2,<175) 5,087 (8,976) (5,437) (7,214) 3,214 (2,175) 8,067 (8,976) (5,437) (7,214) 0.43 (0.45) 0.54 (0.45) 14,745 3,617 5,970 (2,020) (4,496) (4,856) 21,395 19,714 19,215 15,895 18,392 18,578 13,134 9,829 9,840 9,829 14,962 14,747 69,272 56,238 38,538 32,001 45,922 51 , 130 1.,071 25,343 1 ,813 2,765 5,050 5,043 46,242 8,370 8,695 510 10,032 15,417 3,499 $5,943 539 $ 412 2,218 $ 2,363 2,997 $ 1 ,282 3,840 $ 4,540 3,450 $ 4,002 5,947 99 4,800 97 96 98 151 131 (a) Net income (loss) per share for periods subsequent to November 30, 1990, reflects the recapitalization of the CompanyeffectiveAugustJ5, ..,9.9,. Net income per share and average shares outstanding data are not presented for periods . prior to November 30, .1.990,. as the historical capital structure of such prior periods is not comparable to the. capital structureexisting.afterNovember30, 1990, as a result of such recapitalization. .SeeNote 15 of Notes .to Consolidated. Financial Statements. 10 MANAGEMENT'5 DI5CU5510N AND ANAL Y515 OF RE5UL T5 OF OFERATION5 AND FINANCIAL CONDITION THE COMPANY Sunbelt Nursery Group, Inc. (the "Company" or "Sunbelt") was incorporated in Delaware in 1983 as a holding company of the nursery retailing businesses of Pier 1 Imports, Inc. ("Pier 1 Imports"). In 1985, all shares of common stock of the Company were distributed as a dividend to the shareholders of Pier 1 Imports, and the Company operated as a public company from 1985 until 1990. In November 1990, the Company again became a wholly owned subsidiary of Pier 1 Imports. In October 1991, the Company sold 3,680,000 shares in an initial public offering that reduced Pier 1 Imports' ownership interestto 56.60/0 of the outstanding Common Stock. In February 1992, Pier 1 Imports entered into binding agreements to sell 600,000 shares of Common Stock, the consummation of which reduced Pier 1 Imports' ownership interest in the Company to 49.5 0/0. Sunbelt, through its subsidiaries, is a specialty retailer of lawn and garden products in Texas, Oklahoma, Arizona and California. The Company operates 100 lawn and garden centers through Wolfe Nursery in Texas and Oklahoma, through Tip Top Nurseries in Arizona, and through NurserylandGardenCenters in California. Company stores are primarily located in the six major metropolitan areas of Dallas-Fort Worth, Houston, San Antonio-Austin, Phoenix, San Diego and Los Angeles. Although part of a regional chain, the stores in each trade area retain an established identity and focus merchandising and product mix to the target markets in their geographic areas. Company stores are typically free-standing -buildings with an interior selling space devoted to tropical plants, decorative items and other accessories, a covered area containing fountains, patio furniture, tools, fertilizers and insecticides, and a large yard for bedding plants, shrubs and trees. During the Christmas season, the Company sells freshly cut and artificial Christmas trees and other seasonal decorative items. Sunbelt's strategies include the continuation and expansion of the Company as a leading nursery specialty retailer in each of its geographic markets. The Company implements this strategy by providing quality products at competitive prices in large, convenient facilities staffed by trained personnel, including certified nursery professionals who offer customers technical gardening information and individualized service. Sunbelt is implementing a renovation and expansion program during its 1993-1995 fiscal years', which currently provides for the enlargement or relocation of approximately 40 stores and opening of 15 to 20 stores, all within existing markets. COMPARISON OF FISCAL 1992 WITH 1991 Net sales in fiscal 1992 were relatively unchanged as compared to the prior year. This was primarily attributable toa slight increase in sales in Texas, offset by a drop in sales in California due to continuing drought conditi'ons and a soft economy. Comparable store sales decreased 3.1 010 in fiscal 1992 compared to the prior year, with stores in Texas showing no change, stores in Arizona showing increases and stores in California showing decreases. Gross profit, as a percentage of sales, was 46.8 % and 46.4 % in fiscal 1991 and 1992, respectively, remaining virtually unchanged between periods. General, admihistrative and selling expense, asa percentage of sales, increased slightly during fiscal 1992 to 40.00/0 as compared to 39.5 % for fiscal 1991 due to increases in payroll, rent and advertising expenses. Push-down accou nti ng entries, which were requ'i red because of the red uctionof Pier 11 m ports' ownersh i p of the Company through'the...initial. public offering, caused amortization expense and interest expense to increase by $1 ,717,000 during fiscal 1992. Eliminating the effect of push-down entries, interest expense decreased $61,000 from fiscal 1991, reflecting a decrease in overall debt levels during fiscal 1992. Depreciation and amortization increased by $339,000 during fiscal 1992 as compared to fiscal 1991 after elinlination of push-down entries as a result of depreciation of assets acquired during the year. Income before taxes and extraordinary item decreased by $1.9 million to $4.4 million during fiscal 1992 11 'MANAGEMENT'5DJ5CU5510N ANDANALY5150F RE5ULT5 OF OPE RAT I ON5 AND FINANCIAL. CONDITION (Continued) as compared to $6.3 million during fiscal 1991. This decrease resulted primarily from a combination of push-down interest and amortization expenses which totaled approximately $1.7 million and a decrease in gross profit of approximately $1.4 million dueto~lightly lower sales. Partially offsetting these amounts were a d~crease.inthe provisionf9r~toreclosingsofaPJ>roxi01ately$t.lmillioninfisca1.1992 and a $788,000 charge recognized in fiscal 199..1... relating. to the write-off of certain intangible assets. Net income decreased to $3.2 . million forfiscalt992 from $5.9 million .forfiscal 1991 as a result of the above mentioned factors~nd thefa~tt~atdurin{J t~~firsUwomonths of fiscal 1992, the Company exhausted its net operating loss carryforwarqs.The CO~P~Il~ recorded an extraordinary item of $679,000 for net operating loss carryforwardsduring fiscal 1~92ascompared to $3.0 million in fiscal 1991. COMPARISON OF FISCAL 1991 WITH 1990 INet sales in fiscal 1991 declined by 2.1 010 due to the reduction of 53 stores in operation as a result of 1the restructuring that was completed in August .1989. Comparable store sales, however, increased 8.5 %. Thisincl'ease was primarily due toJavorable spl'jngweatherconditions in Texas coupled with increased demand for nursery products following a harsh winter which destroyed many customers' plants. ~Gross profit,asapercentage. of sales, increased from 45.3 0/0 in fiscal 1990 to 46.8 % in fiscal 1991. The iincrease was attributable to more consolidated purchasing that yielded volume discounts, producing higher iinitialgross profit margins on certain products. In addition, the Company experienced fewer markdowns due to greater inventory turn during the key spring seUing season. The increased> inventory turn was driven Iby greater demand for nu~sery products in Texas as a result of severe winter weather conditions. General., administrative and selling expenses increased$1.1millionfortheyearended January 31, 1991, compared to the year ended January 31 , 1990. The increase was due to increases in incentive bonuses and the impact of changes .in the minimum wage law. Interest expense, net of interest income, which was $763,000 for the fiscal year ended January 31, 1990, decreased to $255,000 for the fiscal year ended January 31,1991. Without the additional interest adjustment as result of the $24. 7.. million .ofpush-downdebt,.. there would have been $42,000 of . interest income for the 1991 fiscal year (see Note 1 of.Notes to Consolidated Financial.Statements).The decrease in interest expense, excluding interest attributable to the push-down debt, was due to a significant increase in cash flow from operations and a . decrease .in working. capital needs because of fewer stores. Net income for the fiscal year ended January 31, 1991 , increased to $5.9 million from a net loss of $9.0 miUionfor the fiscal year ended January 31, 1990. The Company utilized $3.0 million of net operating loss. carryforwards in fiscal 1991 and paid $.4 million for. alternative minimum income taxes. The $14.9 million improvement in net income is attributable to the Company's elimination of unprofitable stores, restructuring expenses and the improved operating performance of the remaining 98 stores. COMPARISON.. OF FISCAL<1990. WITH 1989 Net sales declined $20. 7miUionfl'om fiscal 1989 to fiscal 1990. The decrease was primarily attributable to the closing of 30. stores and 23 licensed departments in Sears.stores in the summer of 1989. Comparable store sales increased 1.3 % from fiscal 1989 to fiscal 1990. Gross profit,asapercentageof sales, increased f.rom 41.0 % to 45.3 0/0 from fiscal 1989 to fiscal 1990. Thisi ncreaseresu Ited . from higher margins due toclosi ngu nprofitablestores, fewer markdowns on advertised items, better care of perishable items and better product purchasing. General, administrative. andseUing expenses decreased $12.5 m ill ioO fro 01 $67.5 million for the year ended January 31, 1989, to $55.0 million for.the year ended January .31, 1990. This decrease was primarily due to the. restructuring that reduced the number of stores from 151 to 98. Depreciation and amortization 12 MANAGEMENT'5 DI5CU5510N AND ANAL Y515 OF ~5UL T5 OFOFERATION5 AND FINANCIAL CONDITION (Continued) decreased from $3.8 million during fiscal 1989 to $3.0 milliondurin9 fiscal 1990 due to the reduction in the number of stores. Interest expense, net of interest income, decreased '$130,000 from fiscal 1989 to -$763,000 in fiscal 1990. This decrease was due to the receipt of $5.0 minion from..the sale of preferred stock to the Company's then majority shareholder, combined with lower working capital expenditures resulting from the restructuring. Net loss for the fiscal year ended January 31, 1990, increased to $9.0 million from $5.4 million for the fiscal year' ended January 31, 1989, principally due to restructuring expenses that were partially offset by improved operating performance of the remaining 98 stores. SEASONALITY AND QUARTERLY INFORMATION The Company has experienced a substantial part of its sales volume during the first quarter of each fiscal year, similar to the seasonal pattern experienced by most lawn and garden product retailers. The first quarter and .first six months accounted for an average of approximately 36.2 % and 63.3 %, respectively, of: the Company's annual revenues. for fiscal 1992 and 1991. All of the Company's operating profits are realized in the first six months of the fiscal year and the Christmas selling season. The following tables present selected quarterly financial information for the fiscal years ended January 31, 1992 and 1991. As discussed in Note 1, the..financial information presented below with..respect to the periods prior to November 30, 1990 is not comparable to the periods subsequent to November 30, 1990. Earnings per share data is not presented in the quarterly periods of fiscal 1991 as the historical capital structure of such periods is. not comparable with the capital structure existing after the recapitalization of the Company (see Notes 2 and 15 of Notes to Consolidated Financial Statements). FISCAL 1992 (In thousands except per share data) Net sales Gross profit Income (loss) before extraordinary item Net income (loss) Income (loss) before extraordinary item/share Net income (Ioss)/share Average common shares outstanding Fi rst Quarter $53,608 25,926 5,316 5~995 1.11 $ 1.25 4,800 Second Quarter $36,934 17,493 1 ,585 1 ,585 0.33 $ 0.33 4,800 Third Quarter $24,391 10,332 (2,327) (2,327) (0.41 ) $ (0.41) 5,711 Fourth Quarter $25,145 11 ,267 (2,039) (2,039) (0.24) $ (0.24) 8,480 FISCAL 1991 (In thousands) Net sales Gross profit Income (loss) before extraordinary item Net .income (loss) Fi rst Quarter $48,504 22,976 4,263 6,760 Second Quarter $39,438 19,445 3,000 4,757 Third Quarter $26,834 11 ,677' (657) (1,042) Fourth Quarter $27,251 12,353 (3,694) (4,583) The quarterly periods for fiscal 1992 are not comparable to the.quarterly periodsfor.fiscal1991 because ofachange in the basis of assets and liabilities of the Company. resulting from the acquisition by Pier 1 Imports. The primary differences resultfrom additional amortization and interest expense related to push- down of goodwill and debt (see Note 1 of Notes to Consolid'ated Financial Statements). These items reduced 13 t1ANAGEMENT'5D 15CU5510NANDANALY515OFRE5ULT5 OF OPERATION5AND...FINANCIAL CONDITION (Continued) net earnings during the fourth quarter of 1991 and.thefirst, second, third and fourth quarters of 1992 by $383,000, $557,000, $581,000, .$466,000 .and $113,000, respectively. I neluded in the second quarter offiscal...~ 991.. is a$1,862,OOOgain due to the. results of physical inventories. In addition, during thefourthquarterofJiscal 1991, th~ Company recorded a charge of $1, 123,000 related to therelo.cation and closure of certain stores and a $788,000 charge related to the write-off of certain intangible. assets. LIQUIDITY AND CAPITAL RESOURCES The Company hashistoricaHysatisfieditscapital requirements with a combination of internally generated funds .and debt fromban~lo<ms.Sin<:.eOctober1991,when the Company sold common stock in an initial public offeri ng, capital has been available through lines of creditfrom two commercial banks.. The. amount of working capital. fluctuates substantially during the year and is generally strongest at the end of May. The primary sourcesofJiquldityforthe three years ended January 31 ,1992,were operations,$21.3miUion; sale of common stock, $28.1 million; and sale of. assets, $2.5minion.Th esefunds were primarily used for the payment ofadividend to Piertlmports,. $18.1 million; the acquisition of property. and eq~ipment aggre.gating $10.0 million; acquisitions of independent nurseries, $.4 million; restructuring expens~s,$6.1 minion; and paYrnentofdividendsonpreferred stock, since retired, $.6 million. During the year ended January 31. 19~21>cas" increased$lO.5miHion. This increase resultedprimarily from the $10 minion net proceeds retained by the CompanyJrom thepublic offering of its Common Stock in October 1991 and from cash provided by operations. During October 1991, the Company settled its intercompany balance with Pier 1 Imports and received $4.7 million in cash. The primary use of funds during fiscal 1992, other than to acquire inventory,was$5.9miHionto acquire property and equipment. The Company has two revolving line of credit facilities aggregating $10 million that expire May 31, 1993, and June 30, 1993, of which $9,225,000 is unused. The.loanagreements contain certain financial covenants and cross-default provisions in theeventofa default under eith.er loan agreement or under Pier 1 ImpQrts' Competitive Advance and Revolving Credit. Agreement (see Note 5 of Notes to Consolidated Financial Statements). At January 31 ,t992,theCompanyhad$1.1 million of long-term debt, net of current portion, outstanding. The Company is implementing a program that will. upgrade and enlarge or relocate approximately 40 stores and open 15 to 20 new stores, which will be completed in the next three years. The Company . estimates that this program will require approximately $24 million in cash for construction costs, furniture and fixtures, increased inventory leyels,. andc.ertain lease termination costs. Funds. are Elxpected to COme from the Company's operati()ns,eldsting<:ash,and. short-term Hnes ()fcredit. In addition, $60 minion in operating lease financings are anti~ipat~d tqbe supplied. from. sale-leaseback transactions with build-to-suitdevelopers, other independent .investors and. an. unrelated party that pr()vides a renewable build-to-suit financing facility to Pier 1 Imports and the Company, of which $10 million is accessible to the Company. Of the Company's. 1 OOst()res, 97 are financed with long-term leases. The Company's minimum lease commitments at January 31, 1992,throughtheexpiration of their existing terms, are $42.8 million. These commitments are expected to be funded from cash flow from operations. The Company believes that its sources of cash during the next three years will be adequate to meet its capital needs and fund. its operations. 14 C,ON50L IDA TED BALANCE5~EET Sunbelt Nursery Group, Inc. Year ended January 31 1992 1991 (In thousands) ASSETS Current. .assets: Cash and. cash equivalents Accounts receivable, net Inventories Other current assets Total current assets Pr'operty and. equipment,. at cost Less accumulated depreciation Net property and equipment Goodwill, net Deferred income taxes Other assets Total Assets $12,055 151 21,395 1 ,011 '34,612 16,257 3,123 13,134 20,373 781 372 $69,272 $ 1,569 167 19,714 1 , 163 22,613 10,252 423 9,829 23,365 431 $56,238 The accompanying notes are an integral part of these consolidated financial statements. 15 $ 9,953 2,513 3, 121 666 214 2,529 18~996 23,430 1 ,913 25,343 2',863 666 10,544 (2,175) 8,370 , $56,238 LIABILITIES AND ~HAREHOLDERS' EQUITY Current liabilities: Accounts payable Payable to Pier 1 Imports Accrued compensation Current portion of long~term debt and capitcd leases Income taxes payable Other> current liabilities Total current . liabilities Long-:term . debt: Payable to . Pier 1, Imports Other long-term debt and capital leases Total long-term. ~ebt R,eserve for store. closings Other long-term liabilities Shareholders' equity: Common stock, $.01 par value, 1,000 shares ..authorized, 'issued and outstanding Com monstock, $.01 par. value, 2 5 million shares authorized,Q,480,000 issued. and outstanding Additional paid-i ncapital Retained earnings (deficit) Total shareholders' equity ComrnitmentsandcontingenciE!s (Notes 5, 7.~nd .14) Total Liabilities and Shareholders' Equity $11,124 3,404 855 246 4,238 19,867 1,071 1,071 1,717 375 85 45,118 1,039 46,242 $69,272 CON50LIDATE.D5TATEMENT OF OPERATION5 Sunbelt <Nursery Group, .Inc. (In thousands, except per share data) Net sales Cost of goods sold, excluding depreciation Gross profit General,...administrative and selling expense Depreciation .and. amortization Interest. income Interest expense Provision for store closings Inf?i"I1I~~~~~~] ...ibefore.prevision..for i~~~~~~~.~e!; a.nd . extraordinary.. itel11 Prpvisionfor income taxes 11~~rn~ !'~Iq~~~ ,b~fore.<extraordinary item E~r~~~~in~~ jt~~-u~HiZ:Cltionof net.oper'a!i [lgloss carryforward s Net In~()ITl~[loss] Year ended January 31 , 1992 $140,078 75,060 65,018 55,964 3,499 (506) 1 ,628 4,433 1,898 2,535 $ 679 3,214 Income (loss) per share. before extraordinary item Extraordinary. item-utilization of net · operati ng ..loss . carryforwards Net income (loss) per share $ 0.43 0.11 $. 0.54 The accompanying notes are an integral part of these consolidated financial statements. 16 Two-month period ended January 31, 1991 $ 19,975 11 ,375 8,600 9,975 539 (60) 321 (2,175) (2,175) $ (2,175) $ (0.45) $ (0.45) Ten-month period ended November 30, 1990 $122,052 64,201 57,851 46,085 2,218 (443) 437 1 , 123 8,431 3,344 5,087 2,980 $ 8,067 Year ended January 31 , 1990 $145,094 79,312 65,782 54,998 2,997 (400) 1 , 163 16,000 (8,976) (8,976) $ (8,976) CON50LIDATED 5TATEMENTOF CA5t4 FLOW5 Sunbelt Nursery. Group, Inc. (In thousands) Two-month Ten-month Year ended period ended period ended Year ended January 31 , January 31 , November 30, January 31 , 1992 1991 1990 1990 OPERATING ACTIVITIES: Net income (loss) $ 3,214 $ (2,175) $ 8,067 $ (8,976) Adjustments to reconcile net income (loss) to cash provided by operating activities: Depreciation and amortization 3,499 539 2,218 2,997 Deferred income taxes [781] Loss (gain) on sale of fixed assets [153] 313 (263) Provision for store closings 1 , 123 16,000 Loss during phase-out period for closeds~ores . (1,209) Payment of store closing costs included in provision for store closings [285] (169) (2,480) (3,131 ) Imputed 'interest on payableto Pier 1 Imports 1 ,228 297 Decrease in subscriptions receivable 360 15 Changes in operating assets and liabilities: Decrease (increase) in inventories [1.681 ] (359) (3,320) 1 ,375 Decrease (increase) in accounts receivable and other assets 657 146 (864) 877 Increase (decrease) in accounts paY,able 1,171 (1 ,283) 1 ,816 (2,992) Change in Pier 1 Imports intercompany account [2,513] 2,513 Increase in other liabilities 2,736 620 162 1 ~964 Net cash provided by operating activities 7,092 129 7,395 6,657 INVESTING ACTIVITIES: Purchase of property and equipment [5,943] (412) (2,363) (1,282) Purchase of net assets of acquired business (396) Proceeds from sale of property and equipment 32 2,516 Net cash provided by [used for] investing activities [5,911 ] (808) (2,363) 1 ,234 FINANCING ACTIVITIES: Decrease in short-term borrowings (1,200) (6,301) Payments of dividends on preferred stock (321 ) (279) Issuance of stock 28,072 Payment of dividend to Pier 1 Imports [18,072] Sale (purchase) of treasury stock 79 (49) Proceeds from issuance of long-term debt 476 Principal payments on long-term debt, including notes payable and capital lease obligations [695] (929) (1 ,070) (1 ,956) Net cash provided by [used for] financing activities 9,305 (453) (2,512) (8,585) Increase [decrease] in cash and cash equivalents 10,486 (1,132) 2,520 (694) Cash and cash equivalents at beginning of period 1 ,569 2,701 181 875 Cash and cash equivalents at end of period $ 12.055 $ 1 ,569 $ 2,701 $ 181 The accompanying notes are an integral part of these consolidated financial statements. 17 C:ON50L IDA TED5TATEMENT OFCJ-JANGE5 Il~ 5J-JAREJ-JOLDER5IEQUITY SiunbeltNursery Group, Inc. Balance at January 31,1989 Sale of 25,200 shares of treasury stock to employees Reduction of subscriptions receivable Purchase.of 24,791 . shares of treasury stock from. employees Sale of 20,000 shares .to stock purchase plan Net loss P'referreddividends l3~alance at January31,1990 Sale of 38,611 shares of treasury stock to employees Retirement .of subscriptions receivable P1urchaseof 27,450 shares . of treasury stoqk from employees Net income Preferred dividends Balance at November.30, <1990 (In thousands) Additional Retained Common Paid-In Earnin~s Treasury Subscriptions Stock Capital . (Deficit) Stock Receivable $38 $23,071 $(12,493) $(251) $ (333) Balance as of Decemb.er.1, ..1990 Net loss Balance at January 31, 1991 Issuance of stock Ca p'ita I contributed by Pier 1 Imports Net income Balance at January ..31,1992 $ 1 $10,544 $ (2,175) 1 10,544 (2,175) 84 27,988 6,586 3,214 $85 $45,118 $ 1 ,039 Tile accompanying notes are an . integral part of these consolidated. financial statements. 18 NOTE5 TO- CON50LIDATED FINANCIAL 5TATEMENT5 Sunbelt Nursery Group, Inc. N!OTEl THE COMPANY AND BASIS OF PRESENTATION Sunbelt is a specialty: retailer of nursery and garden pro,duct~ operating under three prominent retail trade names: Wolfe Nursery-in Oklahotr'la and Texas, Nurseryland Garden Centers in California and Tip Top Nurseries in Arizona. No single customer accounts for more than 10% of sales. Prior to October 1, 1990, Intermark, Inc. ("Intermark") owned a 50.40/0 interest in the Company and also owned a controlling inter~st in Pier 1 Imports, Inc,. ("Pierl Imports"). Intermark subsequently disposed of its entire interest in Pier 1 Imports. Effective October 1, 1990, Pier 1 Imports acquired Intermark's interest in the-Company and commenced a tender offer for the remaining shares, which was consummated effective November 30, 1990, at which time Pier 1 Imports became the sole shareholder of the Company. The financial statements of the Company presented herein with respect to periods through the date of the consummation of Pier 1 Imports' tender offer reflect the Company's historical cost basis. As a result of the consummation of the tender offer and subsequent merger with a subsidiary of Pier 1 Imports, the Company became wholly owned by Pier 1 Imports. Therefore, the Company's financial statements for periods subsequent to November 30, 1990 have been subject to adjustment to reflect a new basis for step acquisition accounting and push-down accounting adjustments which resulted in the push-down of goodwill of $21 ,203,000 and the push-down of debt payable to Pier 1 Imports, including imputed interest, aggregating $24,700,000. This amount approximates the debt incur,red by Pier 1 Irnports'in connecfion wiith its tender offer for Sunbelt. The push-down of debt was recorded by the Company asa result of its intent to pay a c;li"idend to Pier 1 Imports from the proceeds of its..stock offering completed in 'October 1991. Pier 1 Imports informed the Company that it intended to use this amount of proceeds to payba:nk indebtedness. In addition, the merger of the Company with a subsidiary of Pier 1 Imports resulted in Pier 1 Imports holding 1 ,000 shares of the Company's common stock, par value $.01 per share, which repr~sented 100 % of the Company's then issued and outstanding capital stock. These events resulted in a recapitalization of the Company in which the Company's series B cumulative convertible preferred stock was canceled; the outstanding common stock was canceled and 1 ,000 shares of new common stock~ par value $.01 per share, were issued; and the Company's accumulated deficit and the net effect of the push-down accounting adjust.ments. were closed to additi'onal paid-in capital. As a result, the consolidated financial information for periods through November 30, 1990 is not comparable to the periods subsequent to November 30, 1990. The following table summarizes the unaudited consolidated pro forma. results of operation~, Cissumi,n9 that the acquisition of the Company by Pier 1 Imports and push-down accounting had been appliedClt February 1, 1990. The pro forma average common shares. outstanding reflects the recapitalization as described in Note 15. This pro forma summary does not necessarily represent results-which would have occurred if the acquisition had taken place on the..basisassumed, nor are they indicative of the results of future operations. (Ill thousands, except per share amounts) Net sales Income before extraordinary item Income before extraordinary item per share Average common shares outstanding Year ended January 31, 1991 $142,027 2,648 $ 0.55 4,800 In October 1991, the Company completed the sale of 3,680,000 shares of newly issued common stock in a public offering. Subsequent to the sale, Pier 1 Imports' ownership approximated 56.6 0/0. Net proceeds of: the offering approximated $28.1 million, of which $18.1 million was utilized to pay a dividend to Pier 1 19 NOTE5 . TO..CON50LIDATED. FINANCIAL 5TATEMENT5 Sunbelt Nursery Group,lnc. (Continued) Imports and the rern~inderwiUbeutililed to finance future. store renovations, relocations and. enlargements. These financial state me ots reflect push-down debt based on a pre-offering estimate of the dividend to Pie.r 1. Imports of$24.7rnillion.Subsequentto thecOlnpletion .of the stock offering, an adjustment of $6.6 million was recorded toeliminateth~remainingpush-dowo debt resulting from th~differencebetween the amount refle<:tedioth~sefinCincial.staternents.al1dthe amount oUhe di~idendpaid to Pier 1 Imports, with such difference credited to additional paid-in capital representing an addition to the permanent equity of the Company. In February 1992, Pier 1 'Imports entered into binding agreements to sell a total of 600,000 shares of itsSunbelt common stock. After giving effect to this sale of stock, Pier 1 Imports' ownership interest in Sunbelt has been reduced to 49.50/0 . NOTE 2 SUMMARY OF ACCOUNTING POLICIES Basis of Ccwsolidation-Theconsolidated financial statem~ntsinclud~. the accounts of the Company and its subsidiaries,aU..o.f which . are wholly. owned. .Allsignificantintercompany accounts and transactions , have been eliminated · in consolidation. l=levenue Recognition-.TheCompany recognizes revenue when the customer takes possession of the rnerchandise. . Cash Equivalents - For purposes of the statemenfofcashflows, the Company considers all highly liquid investments purchased with a maturity of three. months or less to be cash equivalents. Inventories -Inventoriesarecomprised primarily of finished merchandise and are stated at the lower of avera~e cost or market; . average cost being determined .principally on the retail inventory method. Property and Equipment - Property and equipment, including renewals and improvements which extend the life of existingproperties'iarecapitalized. at cost and depreciated using the straight-line method over estimated useful.livesor lease terms, if shorter. Expenditures for normal maintenanc~ and repairs are expensed as incurred. The cost of property and equipment sold or otherwise retired and the related accumulated depreciation and amortization are removed from the accounts and any resultant gain or loss, after taking into consideration proceeds from sale, is credited or charged to income. Store Closing and Relocation. Costs- When the decision to close or relocate a retail unit is made, the Company provides. for estimated future net lease obligations, nonrecoverable investment i~ fixed assets and other expenses directly related to the cessation of operations. Income...Taxes .-.The.Cornpany..anditsi~ubsidiaries..fil~d...consolidated tax returns.. through December 31, 1990.. For the period January 1, .1991 throu~h Septemb~r30, 199t, the operations of the Company and its subsidiaries. will be. included in Pier 1. Imports 'col1splidated tax returns. The Company and. its subsidiaries will file a consolidated return for the five months ended February 29, 1.992. Income taxes in the accompanying financial istatementsforthe period subsequent to~ecember 31 , J990 through September 30, 1991 are recorded in accordance with the income taxsharing.~greement between the Company and Pier 1 Imports. This agreement requires the recording of income ,~~~s as if separate tax returns had been filed by each company, exceptthatthetaxbenefitofinterest expen~eresulting from the debtpushed-downtoth.e Company is allocated toSunbelt. Deferred income taxes an~~rovidedfor income and. expense items recognized in different periods for financial reporting and inCOme tax purposes. In February 1992, the Financial Accounting Standar~sBoardissuedtheStatement of Financial Accounting Standards No. 109 ("SFAS 1 09"), "Accounting for Income Taxes." SFAS 109 mandates the liability method 20 NOTE5 TO CON50LIDATED FINANCIAL 5TATEMENT5 Sunbelt Nursery Group, Inc. (Continued) of computing deferred tax~s and must be adopted by the Company no later than fiscal 1994. Earlier adoption is permitted. Upon adoption, the principles of the Statement may be applied retroactively through restatement of previ()u~ly issuedfinancia,l statements, or on a prospective basis. Because of the significant complexities ofthe new accounting requirements, the Company has not decided in which year it will adopt SFAS 109, or if ,it will restate prior periods. Asa result, the. effect of the adoption of SFAS 109 on the Company's consolidated financial position and results.of operations has not been determined; however, suchadoption is not expected to have a significant effect. Goodwill-Goodwill represents the excess purchase cost over the fair value ofthe net assets of businesses acquired. Effective Oecember1, 1990, the Company recorded goodwill in the amount of $21,203,000 as a result of the push-down accounting as discussed in Note 1. In fiscal 1992, the Company reduced push-down goodwill by $2,575,000 as a result of the recognition of tax benefits associated with purchased net operating losses and the realization of tax benefits resulting from the higher tax basis of net assets acquired over their estimated fair value (see Note 10). No retroactive restatement of the Company's financial statements related to the adjustment of goodwill amortization is reflected in the accompanying financial statements since the effect of such -adjustments would be immaterial. Goodwill is being amortized on a straight-line basis over 40 years. Accumulated amortization at January 31, 1992 and 1991 is $814,000 and $116,000 respectively. Earnings per share-Earnings per share are computed on the weighted averagenumber of shares plus common stock equivalents outstanding during the period. Earnings per share data are not presented for periods prior to Noyember30. 1990 as the historical capital structure in such periods. is not comparable with the capital structure existing after the recapitalization of the Company as discussed in Note 1. The average number of shares outstanding for periods subsequent to November 30, 1990, reflects the recapitalization of t~e Company effective August 15, 1991 (see Note 15) as if such recapitalization were effective at the beginning of each respective period. For the year ended January 31, 1992, the average number of shares outstanding approximates 5,947,000 shares. The unaudited supplemental net income (loss) before extraordinary item per common share for the two- month p,eriod ended January 31, 1991 and the year ended January 31, 1992, of $(.27) and $.44, respectively, assumed the Occurrence at the beginning of each of these periods of the sale of the newly issued. common stock and the useofproceeds to pay Cl dividend of $18.1 million to Pier 1 Imports which, together with a capital contribution by Pier f Imports of $6.6 million, eliminates the push-down debt of $24.7 million as discussed in Note 1. NOTE :3 STORE CLOSINGS AND RELOCATIONS In May 1989, the Company announced a plan to 'close a number of unprofitable outlets and to withdraw from. selected. markets. This. included a total of 53 retail. outlets, 23 of which were Sears .Iicensed departments, 14 of which represented the Atlanta market, 5 of which represented the Oklahoma City market, and 11 of which represented stores.in.markets where the' Company continues its'operations. The Company recorded expenses 01$16,000,000 in fiscal 1990, which represented the estimated cost of these store closings, including the- write-off of $4,400,000 of goodwill and other intangibles. In the ten-month period ended November 30,1990, the Company recorded an additional reserve of $1 ,123,000 to provide for estimated losses resulting. from relocation and. closure of certain stores in connection with the Company's renovation and expansion program. 21 t\lOTE5 TOCON50LIDATEDFINANCIAL 5TATEMENT5 Sunbelt Nursery Group, Inc. (Con tin u:e d) NOTE 4 PROPERTY AND EQUIPMENT Property and equipment, stated at cost, including. capital leases, consisted of the following as of January 31 : 1992 1991 (In thousands) $ 2,278 $ 2,196 5,043 2,337 7,630 4,960 1,306 759 16,257 10,252 3,123 423 $13,134 $ 9,829 Buildings Equipment, furniture and fixtures Leasehold interests and. improvements Land Less accumulated depreciation lrhe January 31, 1991 amounts reflect step acquisition adjustments as discussed in Note 1. - NOTE. 6 ILONG.:rERM DEBT On December 1,.19~O,the pompanyrecorded.apayableto Pi.er .1 Imports which, at January 31, 1991 had a balance of $23,430,000, which is net of i.",puted interest o.f $1,270,000, computed at 7.5 % annually. Such payable was. retired in. October. 1991 with proceeds from a common stock offering (see Note 1). ()ther long-term debt consisted of the following .as of January 31: 1992 1991 (In thousands) Purchase obUgationinconnectionwithbusiness acquired {net of imputed interest at 11 0/0 of $19,000 and $72,000 at January 31, 1992 and 1991, respectively), payable in quarterly installments of $82,500 through December 1992 Other Capital lease obligations Less current portion. due. within one year $ 311 394 1 ,221 1,926 855 $1,071 $ 588 707 1 ,284 2,579 666 $ 1 ,913 At January 31 , 1992, maturities of other long-term debt during the next five fiscal years were: Current Portion (In thousands) $ 855 320 167 152 93 339 $1 ,926 IFiscal Year 1993 1994 1995 1996 1997 Thereafter Total 22 NOTE5 TO CON50LIDATED FINANCIAL 5T ATEMENT5 (Continued) Prior to November 1990, the Company had a short-term bank line of credit. This credit facility satisfied the Company's working capital requirements and provided for letters of credit. After November 19.90, Pier 1 Imports' Competitive Advance Facility with nine commercial banks provided the credit needs of the Company. This was effected through intercompany loan balances between the two companies. At JaniJary 31,) 1991 the Company owed Pier 1 Imports $2,513,000 under this arrangement. Beginning March 1991, intercompany interest income and expense was charged based on the average intercompany balance at a rate, of 8.50/0 per annum and is recorded as such (see Note 12). Effective December 30,1991 and January 31,1992, the. Company entered into loan agreemel'ltswith two commercial banks to provide a total of $10,000,000 of revolving lines of credit until May 31 , 1993, and June 30, 1993. Advances will accrue interest at LIBOR plus 1 ~ 0/0. In addition, facility fees ofY4 0/0 andY2 % are charged and a commitment fee of ~ % is charged on any unutilized loan amounts. Both commitments require the maintenance of certain covenants which include a minimum level of net worth, cash flow, earnings, inventory turnover and current ratio tests, restrictions on the sale of assets, $10,000,000 limitation on outs~anding bank indebtedness and prohibition of certain payments, including dividends. Both commitments are guaranteed by Pier 1 Imports and provide for cross-default provisions in the event of a default under either loan agreement or under Pier 1 Imports' Competitive Advance and Revolving Credit Agreement. At January 31, 1992, $775,000 of one $5,000,000 credit agreement was utilized for letters of credit. Pier ,1 m POr;tS ~.a$l'l1a~e;.Cl~ail~ble to the, C;.<:)I11P~I)Y el;.. portio 11. 9f .its ~g reement witb. a non-related party, up to $10 million, to leas.estoresto be constructed by a non~related third party. NOTE 6 REDEEMABLE PREFERRED STOCK During September 1988, the CompariysQld50,000 .shares of Series A cumulative, convertible, mandatorily redeemable pr~ferred stock with astatedval~eof $100per share to Intermark. The preferred stockp~id dividends of $9 per share per annum, payabie quarterly, and was convertible into common stock of the Company at $7 per share. During fiscal 1990. dividends of $232,600 were paid by issuing 2,326 sh~res of additional preferred stock of the same series and by cash payments of $279,000. During the ten months ended November 30, 1990, dividends were paid by a cash paym,ent ~f$100,000. During March 1990, the Company redeemed .and retired all the outstanding shares of the Series A cumulative convertible preferred stock at its stated value by issuing 53,451 shares of Series B ~um':JICltive convertible preferred stock with a stated value of $100 per share to Intermark. These new shares had dividend features similar to the Series A cumulative convertible preferred stock. Subsequently, these new shares were sold by Intermark to Pier 1 Imports. During the ten months ended November 30, 1990, dividends on such shares were paid by cash payments totalling $221,000. In conjunction with Pier 1 Imports' acquisition of the Company, these shares were canceled. NOTE 1 LEASE OBLIGATIONS The Company leases certain property, consisting principally of retail stores, under leases expiring through the year 2008. Capital leases are. recorded on the Company's . balance sheet as assets along with'the related lease obligation. All other lease obligations are operating leases, and payments are reflected in the Company's consolidated statement of operations as rental expense. Assets recorded under capital leases 23 NOTE5 TOCON50LIDATEDF1NANCIAL5TATEMENT5 (Continued) are included in property and equipment as follows: Buildings Equipment, furniture .and fixtures 1992 1991 (In thousands) $809 $ 558 213 1 ,022 241 $ 781 558 33 $ 525 Accumulated amortization At January 31, 1992, the Company had the following minimum lease commitments: Fiscal Capital Year Leases Operating Leases 41993 41994 41995 41996 '1997 -rhereafter Total lease commitments Less imputed interest Present value of total capital lease . obligations, including current portion ..of.$261,000 (In thousands) $ 411 $ 6,471 326 5,884 259 5,363 219 4,583 139 3,726 468 14,922 1,822 $40,949 601 $1,221 Rental expenseapproxi mated $7,332 ,000, $1,168.,000, $5,801 ,000 and $7,732 ,000, including approximately ~S528,000,$80,000, $547,000 and $537,000 of contingent rentals based upon a specified percentage of sales for the fiscal year 1992, the two months ended January 1991, the ten months ended November 1990, and .for the fiscal year .1990, respectively. .Subleaserentals.. were immaterial each year. NOTE 8 MANAGEMENT BENEFIT PLANS ~n October .1985, the. Board of Directors of the Company approved the sale of 120,000 shares of its common stock pursuant to the Company's . Management Stock Purchase Plan, at its estimated value to certain key employees and officers.The>officerscmdemployees ~xecuted .10-year notes in the amount of the purchase price. The .notes,beClrin~lnterestat rates. of. 7.34% to. 9..22% per annum, compounded semiannually, were Jecorded~ssub~cdptions.receivable on the Company's consolidated balance sheet, and were secured by pledges of theipurchased stock. In conjunction with the acquisition of the Company by Pier 1 Imports, all such shares were purchased and subscriptions receivable were paid from the proceeds thereof. 24 NOTE5 TO CON50LIDATED FINANCIAL 5TATEMENT5 (Continued) The following table summarizes the activity of the Company's Management Stock Purchase Plan: Subscriptions Receivable (In!. thousands) Balance at January 3J, 1990 Repurchase of stock Balance at January 31, 1991 Shares 99 (99] $420 (420) $ - Repurchases of stock resulting in a reduction in subscriptions receivable are due to the repayments of th~ notes by employees in the form of stock and cash. On August 14, 1991, the Company's Board of Directors adopted an Executive Officers' Medical Plan under which qualifying medical, dental and related expenses incurred by certain key employees and officers and their dependents, subject to annual limits, will be paid to each plan participant. The Company had no contribution to this plan in fiscal 1992. Also on August 14,1991, the Company's Board of Directors authorized an Executive Officers' Financial Planning Plan pursuant to which the Company will pay an annual tax and financial planning allowance to certain executives in an amount equal to 1.5% of the participant's annual base salary to cover tax and financial planning expenses. The Company's contribution under this plan for fiscal 1992 was approximately $6,000. On August 14, 1991, the Company's Board of Directors adopted a Benefit Restoration Plan (the "Restoration Plan") to permit certain members of management and highly compensated employees to defer current income which cannot be contributed to the Company's Retirement Plan due to statutory funding and contribution limitations. A participant's contributions to the Restoration Plan will receive a matching Company contribution as if the participant's salary deferral had been contributed to the Retirement Plan. Participants will vest in their Restoration Account balance in the same manner as if deferrals and Company Contributions under the Restoration Plan had been contributed to the Retirement Plan. As of January 31, 1992, there were 11 employees in the plan and, for fiscal 1992, the Company contributed approximately $3,000. NOTE ~ STOCK OPTION PLANS The Company's stock compensation program, adopted in October 1985, provided for the grant of options to employees, officers and directors of the Company. The program allowed the grant of stock options intended to qualify as incentive stock options under Section 422A of the Internal Revenue Code of 1986, as well asnon"statutory options, stock appreciation rights and restricted stock. Incentive options were not granted at less than the fair market value of the Company's stock On the date of grant and non-statutory options were not granted at lessthan 50% of the fair market value of the Company's stock on the date of grant. The options were exercisable at the ,rate of 20% per year on a cumulative basis, beginning one year after the. date" of grant. The following summarizes the activity under the 1985 Incentive StockOption Plan and Non-statutory Stock Option Plan: Inc. .ent. i..v.e S,toCk Non-.s. tatu to 1)'. . Stock Option Plan Op~ion. Plan Outstanding at January 31, 1990 Granted Exercised <putstanding at November 30, 1990 I Number of Option price Number of Option price shares per share shares per share 199,240 $3.25-1 0.00 46,000 $4.00-1 0.00 5,000 6.00 199,240 3.25-10.00 51 ,000 4.00-1 0.00 25 NOTE5 TO CON50LIDATEDFINANCIAL5TATEMENT5 (Continued) In November 1990, pursuantto the cash tender offer to purchase the remaining shares of the Company, Pier 1.lmportspaidtheoptionholderst~edifferer1cebetween the exerc:iseprice of the outstanding options and the price pershcue offered to\shareholdersinthe tender offer to cancel the options. As a resu It of this offer,. all opti~nswere. canceledandthis~l~nw~sterminated. On Augl,Jst 14,1991, theCol1lpanY'sBoardof~irect()rs and sole shareholder approved the Company's 1991 Stock Option>Pla~, whichprovidesfortheiss~ance<ofstock optionsto the Company's officers, directorsandkeY~l11ployees. Options coverin~rn~ggregate of 500,000 shares of common stock may be granted un~~.rt~~ plan. Sharessubjecttoarly~ptionthatexpires,terminates or is forfeited will again be availa~lefor()~ti~ns subsequen~lygranted. C~rrently, there are 36 participants in the plan. The vesting period ofoptionsi~~eterminedat the discretion()fth~plan administrative committee. The options currently outstanding become exercisable. at the rate of 200/0 per year on a cumulative basis beginning one year after the date of grant. Initialparticlpants intheplan exchanged any options previously granted to them under Pier 1 Imports' stock option plan for options under the Company's Plan. The exercise price for such stock options varied for eachindividualand was based on the initial offering price ofthe Company's common stock and the equity accumulated in. Pier 1 Imports options held by them, if any. Oi rectors who are not em ployees of either the Com panyor Pier 11 m ports ("Non-employee Directors") are automatically granted non-qualified stock options to purchase 3,000 shares of common stock on the day following each annual shareholders' meeting with an exercise price equivalent to the market value ()f the shares at the date of grant. Upon the completion of the common stock offering in October 1991 (see Note 1), twonon-employeedirecotrs each received options covering 3,000 shares of common stock pursuant .to. the Stock Option Plan. The exercise. price .for such . options is $8.50 .per share. lrhe following table summarizes the activity underthe1991 Stock Option Plan. All stock options currently outstanding are non-qualified. . Employee Stock Non-employee Director Options Stock Options Number of shares Option price per. share Number of shares Option price per share Granted Canceled ~utstanding at January 31,1992 330,000 30,000 300,000 $4.65-8.50 6.57 $4.65-8.50 6,000 $8.50 6,000 $8.50 NOTE ](2) INCOME TAXES No income taxeshave beenprovided.during fiscal 1990 or the two montilsendedJanuary 31 ,1991 as a result of operating lo~ses. Theincometaxpr()vision for the ten months. ended November 30, 1990 and for fiscal 1992 consists of. thefollowi n9: {1n thousands) Federal: Charge in lieu of taxes. payable Alternative minimum tax Current Deferred State: Current Deferred Year. ended January 31 ,1992 Ten months ended November 30, 1990 $2,393 $2,844 364 98 (781) 136 188 $1,898 $3,344 26 NOTE5 TO CON50LIDATED FINANCIAL 5TATEMENT5 (Continued) The accompanying consolidated financial statements reflect extraordinary items of $679,000 and $2,980,000 for fiscall992 .and the ten-month period ended . November 30, 1990, respectively, representing the tax benefit attributable to utilization of net operating loss carryforwards. Deferred income taxes result from timing differences irl the recognition of revenue and expense for tax and financial reporting purposes. The source of these differences and their related tax effect are as follows: Two months Ten months Year ended ended ended January 31, January 31 , November 30, 1992 1991 1990 $(44) $(608) 75 296 Reserve for s~ore closings Depreciation Deferred gain Non-compete .agreement Vacation accrual Other Tax (benefits) not recognized subject to future realization and deferred taxes not recognized due to ..utilization of net .operating .Iosses $ [609] [148] [24] $[781] Year ended January 31 , 1990 $1,272, 341 424 268 (42) (92) (49) 11 $- 136 $ - (1 ,988) $ At January 31, 1991, the Company had net ()p;r~tin9Iosscarryforwards of approximately $4,495,000 for regular tax purposes, of which $2,467,000 represented purchased loss carryforwards at November 30, 1990. The tax bE!nefits attributable to the purchased ..Ioss carryforwardswere not recorded as an asset at the date of acquisition by.Pier 1 Imports since realization of such net operating loss carryforwards in subsequent periods was not assured. The utilization of these loss carryforwards during fiscal 1992 has been recorded as a reduction of goodwill. In addition, at November 30, 1990 the tax basis of the net assets acquired exceeded their estimated fair value by approximately $6,500,000. The fair value of the net assets acquired was not adjusted at the date of acquisition to reflect tax benefits that might result due to the uncertaintyconcerningthe realization of such benefits flowing from the higher tax basis. During fiscal 1992 . the tax benefits attributable to approximately $4,000,000 of. such higher tax basis has been recognized asa reduction of goodwill or as an adjustment to the related asset/liability due to their utiliza~ionbeing assured as of January 31, 1992. Realization of the tax benefits attributable to the remaining $2,500,000 of excess tax basis will be recognized as a reduction to tax expense in the period in which their utilization is assured. For the ten-month period ended November 30, 1990, the Company paid alternative minimum taxes of $364,000. The utilization of this credit during fiscal 1992 has been recorded asa reduction of goodwill The difference between the provision for income tax and an amount computed. by applying the statutory federalil1colT.'~ tax rate to income is reconciled as follows: Year ended January 31 , 1992 Federal tax provision (benefit) computed at statutory rate 34% Amortization and write-off of intangibles 5 State taxes 3 Other 1 Loss for which no current tax benefit is available Alternative minimum tax 43% Two months Ten months ended ended Year. ended January 31, November 30, January 31, 1991 1990 1990 (34) 0/0 340/0 (34) 0/0 2 1 5 1 31 29 4 _ 0/0 40 0/0 - 0/0 27 NOTE5 TO CON50LIDATED FINANCIAL 5TATEMENT5 Continued NOTE 11 EMPLOYEE BENEFIT PLANS Prior to the purchase of the Company by Pier 1 Imports, substantially all employees and directors of the Company were eligib,le to participate in the Company's Stock Purchase Plan after 90 days of employment. Underthe terms of the plan, employees could contribute up to 10010 of their annual compensation and directors could contributetheir directors' fees. The Company matched from 500/0 to 1000/0 of the participants' contributions, depending 'upon length of participation in the plan. The Company's contributions to the plC;l1'l v-iere $60,000 in the two months ended January 31 ,199.1 ; $331,000 in the ten months ended November :iO, ...1.990; and. $394,000. in fiscal 1990. The plan ,was terminated. in December 1990. Effective February 1, 1991 through October 31,.1991, substantiaHyall employees of the Company were eligible to participate in Pier 1 Imports' Stock Purchase Plan. Each employee participant could contribute uptol00/0 of the eligible portions of annual compensation. The Company contributed from 100/0 to 500/0 of the participants' contributions, depending upon length of participation and date of entry into the plan. ()ompany contributions to the plan . were $255,000 for fiscal .1992. ()n~August 14, 1991, the Board of Directors of the Company authorized the Company's Stock Purchase f)lan,under which common stock is purchased onbehalfofparticipants at market prices through regular payroll deductions. Commencing November 1 , 1991,the Company makes matching contributions ranging f:rom10 010 to 50% (up toamaximum of 100/0 of annual compensation) with the amount of the Company's' contribution depending upon the years of continuous participation by the employees in the Stock Purchase Plan. Participants in the plan who were participants in the Company's Stock Purchase Plans in effect prior to November 1990 and who were allocated pornpany contributions under prior plans at rates between 50% and 100% will receive matching Company col1tributionsat the highest rate attained by the participants under prior plans. Contributions by outside directors~relimited to the amount of their monthly directors' fees. Company contributions to the plan for fiscal 1992 were $115,000. Effective February 1, 1991 through October 31 , 1991, the Company's employees were eligible to participate in Pier 1 Imports' defined contributions employee retirement plan. All full and part-time personnel who were at least 21 years old and who were employed for six months were eligible to participate in the plan. Employees could contribute from 1 % to 15010 of their.compensation, subject to the statutory ceiling, and the Company contributed up t03 0/0. Company contributions to the plan were $156,000 during fiscal 1992. As authorized by the Board of Directors . of the Company on August 14, 1991, and effective November 1, .1991, the.Company implemented.a defined contribution retirement and savings plan that.is intended to qualify under Section 40 1 (a) and 401(k) of the Internal Revenue Code of 1986, as amended. Employees of the Company and its subsidiaries who are atlea~t21 years of age and have attained at least one-half year of service are eligible to participate. Particip~nt~may contribute from 1 % to 150/0 of annual earnings, subject to statutory limitations. The Company ~i1lm~,ke matching contributions ranging from 1 % up to a maximum of 3 % depending on the level of th~,~~~icipant's contributions. In addition, the Company may make discretionary contributions out of net Pf.8~~':fompany contributions for fiscal 1992 were $60,000. As of January 31, 1992, approximately .1,426 aS$()ciates were eligible toparticipatf} of which 482 were participating in the plan. 28 NOTE5 TO CON50LIDATED FINANCIAL 5TATEMENT5 (Continued) NOTE 12 RELATED PARTY TRANSACTIONS LOAN COMMITMENTS In February 1989, the Company andlntermark entered into a credit support agreement as consideration for the extension of credit by the Company's bank. The agreement provided that Intermark would pay all balances due the bank on June 1, 1989, the expiration date of such line of credit. The Company pai'd Intermark 1 0/0. per annum of the outstanding borrowings at the bank (plus the face.amount of any letters of credit . issued on behalf of the Company) in consideration for this agreement. A total of. $34,000 was paid in fiscal 1990. These agreements expired in June 1989 with no requirement for funding by Intermark. In July 1989, the Company entered into a loan agreement with a bank for a $15 million revolving credit agreement. This agreement was supported by a guarantee agreement between Intermark and the bank. The Company paid Intermark 14 %of the total line plus % % per annum of the .unused portion under the line for its guarantee. A total of $43,000 was paid in fiscal 1990 and $40,000 in the ten months ended November 25, 1990. This guarantee expired in July 1990 with no requirement fO,r funding by Intermark. COMMITMENTS The Company leases three stores, an office and warehouse from an employee of the Company. The rental payments were $170,000,$64,000, $134,000 and $132,000 for the year ended January 31, 1992, the nyo months ended January 31 , 1991, the ten months ended November 30, 1990 and the year ended January 31, 1990, respectively. Future lease commitments are $740,000. I~TERCC)MPANYCHARGES E~c1uding the push-down of debt as described in Note 5, no interest income .or expense was recorded or intercompany .balancespayable to or receivable from Pier 1 Imports for the two month period ended J~nuary 31, 1991. Effective March 1991, interestincome/expense is computed based on the net average n10nthly intercompany payable or receivable balance at a rate of 8.5 % per annum. Intercompany interest I.. . . .. . ... .. ... ..... .. ir1come of $301,000, net of intercompany interest expense, was recorded for the year ended January 31, 1992. ! . The Co. mpa. ny..a. nd..Pie. r flmports have a number of fina.. ncial, operating and other arrangement..sand. have I " . ehgaged in certain transactions believed to be of mutual benefit. Certain of such arrangements will continue a~dhave been incorporated in a Services Agreement, which was approved by all of the di.sinterested ,I directors of the Company. T~e Services Agreement between the Company and Pier 1 Imports is effective for one yeadrom the date of the sale ofthe Compiiny's common stock in the offering consummated October 4, 1991. The Services ~greement may be terminated at any time upon 60 days prior written notice from Pier 1 Imports to the Company,or upon 30 days prior written notice from the Company to Pier 1 Imports. Pursuant to the abreement, Pier 1 Imports may from time to time provide the following serviceS: (i) accounting payroll sbrvices through December .31, 1991, .at a cost of $.80 per check prepared and $1.85 for each FormW-2 i~sued; (ii)administration of the Company's employee benefit plans at the. rate of $5,400 per month plus alone-time fee of. $20,000 to aid in implementing the plans; (iii).use of certain t~lecommunications equipment for a fee of $1,250 per month; (iv) printing services at the rate of $.0275 per page; (v) peiriodic use of dFrtain Pier 1 Imports information systems personnel at $60 per hour per person to assist in the installation 9f the Company's retail store systems; (vi) legal services from Pier 1 Imports' in-house legal department ~r a fee of $8,000 per month; and (vii) use of certain personnel in Pier 1 Imports' real estate department I for a fee of $41,600 per month to assist in new store site selection, supervision of construction and property rhanagement. All such services except legal services have been discontinued. Pier 1 Imports continues tb maintain insurance policies that cover the Company and its subsidiaries, and the Company reimburses I ~ier 1 Imports for the portion of the premiums of such policies relating to the insurance exposure 29 NOTE5 TOCON50LIDATED FINANCIAL 5TATEMENT5 (Continued) applicable to the Company and its subsidiaries. During fiscal 1992, the Company paid Pier 1 Imports, approximately.$469,000 pursuant to the services agreement. . NOTE 13 SUPPLEMENTAL..CASH FLOW.INFORMATION During fiscal 1990, the Company sold 24,000 shares of common stock to officers and an employee under the terms of.themanagement stock purchase .planfor.approximately $164,000, recording a subscription receivable balance in connection with this saleof$l 02,000. For the two month period ended January 31, 1991, the Company recorded goodwill of $21,203,000 and debt payable to Pier 1 Imports, including imputed.interest,of $24,700,000 reflecting push-down accounting adjustments resulting from the step acquisition of the Company by Pier 1 Imports (see Note 1). During fuscal1992,theCompany recorded an adjustment of $6.6 millionasa credit to additional paid-in capital representing an addition topermanentequityoftlrl.e Company (see Note 11 and reduced goodwill by $2,575,000 for certain acquired tax benefits (see Note! 10). In addition, during thethird quarter the Company entered into a capital lease agreement to acquire furniture valued at approximately $207,000. Cash paid for interest and cash received or paid for income taxes was as follows: Two months Ten months ended ended January 31, November 30, 1991 1990 $84 $482 $153 (In thousands) Interest ..paid Income taxes paid (received) Year ended January 31 , 1992 $1;929 $ 249 Year ended January 31, 1990 $1,198 $ (519) NOTE 14 LITIGATION Twenty-two individual plaintiffs filed suit on February 1 , 1988, in the 113th District Court of Harris County, Texas (the case was later removed to Federal Court), against Wolfe Nursery, Inc., an apartment complex owner, a chemical distributor, a chemical manufacturer, and others. The plaintiffs are former apartment building employees and residents who. allege that improper use and application of chlordane-based. pesticides resulted in personal injury and at least one death. The chemicals were allegedly purchased at a store operated by Wolfe Nursery. The plaintiffs have agreed to settle with Wolfe Nursery within its insurance policy limits and Wolfe Nursery will be dismissed from the suit upon the execution of the definitive settlement agreement. lrhere are various claims, lawsuits, investigations and dpendingactions against the Company. and its subsidiaries incident to the operations of its business. Liability, if any, associated with these matters is not determinable at January 31, 1992. While certain of the lawsuits involve substantial amounts, it is the opinion of management thattheultimateresolutionof such litigation will not have a material adverse effect on the Company's financial position. NOTE 19 RECAPITALIZATION OFSHAREHOLDERS'EQUITY On August 14, 1991, the Company's Board of Directors and sole shareholder approved the recapitalization of the Company. by adopting a Restated .Certificateof tncorporationauthorizing 25,000,000 shares of common stock, par value $.01 per share, and 5,000,000 shares of preferred stock, par value $.01 per share, and by exchanging the former 1 ,000 shares of issued and outstanding common stock for 4,800,000 shares of common stock. 30 REFORT OF INDEFENDENT ACCOUNT ANT5 TO THE BOARD OF DIRECTORS AND SHAREHOLDERS OFSUNBELTNURSERYGROUF', INC. In our opinion, the accompanying consolidated balance sheet and the related consolidated statements of operations, of cash flows and of changes in shareholders' equity present fairly, in all material respects, the financial position of Sunbelt Nursery Group, Inc. and its subsidiaries at January 31, 1992 and 1991, and the results of their operations and their cash flows for the year ended January 31, 1992, .and for the two-month period ended. Januilry 31, 1991, in conformity with generally accepted accounting principles. These financial statements are the responsibility of the Company's management; our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits ofthese statements in accordance with generally accepted auditing standards which require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for the opinion expressed above. PRICE, WATERHOUSE Fort. Worth, Texas March 17, 1992 TO THE BOARD OF DIRECTORS AND SHAREHOLDERS OF SUNBELT NURSERY GROUF', INC. In our opinion; the accompanying consolidated statements of operations, of cash flows and of changes in shareholders' equity present fairly, in all material respects, the results of their operations and their cash flows for the year ended January 31, 1990 and for the ten~month period endedNovember30,1990, in conformity with generally accepted accounting principles. These financial statements are the responsibility of the Company's management; our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits of these statements in accordance with generally accepted auditing standards which require that we plan and perform the audit to obtain reasonable assurance about w:he~h~r the financi~l~tatements are free of material misstatement. An audit includes examining,on..a test basis, evidence supporting .the amounts and disclosures in the financial statements, asse~singthe accounting principles used and significant estimates made by management, and evaluating the o"erall financial statement presentation. We believe that our audits provide a.reasonablebasis .for .the opinion expressed above. W,tw~ PRICE WATERHOUSE Fort Worth, ..Texas August 15, 1991 31 5TOCK F~ICE5 AND....INFO~ATION Fiscal 1992 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter High Low 87/8 75/8 73/4 43/4 Prices from the American Stock Exchange. No dividends on common stock were paid in 1992. Withapproximat~ly2,6.~OsharehCllders of record, Sunbelt Nursery Group, Inc. is .listed on the American Stock Exchange. Trading Symbol:SBN - 14NNUAL MEETING lrhe annual meeting of shareholders will be held on. Thursday,May28,. 1992 at 10:00, a.m. at t:heHyattRegencyDFW,DFW Airport, Texas 75261 - l(Z)-K .REFO~T...INFO~ATION Copies of theCompany's.annualrElPort to the Securities and Exchange Commission on FOrm 10-K .:lre available upon written request to the .Secretaryof the Company. - MARKETING REG ION 5 ~~~ ..:S~:.. -..'~~~ ..'.- - - _.- -- 'nuI,elyland Nurseryland California lTpAtlOp nursery Tip Top Nurseries Arizona ~q~ ~. p Q Wolfe Nursery Texas,. Oklahoma Los Angeles 15 stores San.. Diego 14 stores Phoenix 9 stores North...Texasl Oklahoma 34. stores San Antoniol Austin 10 · stores 32 60ARD OF DlRECTOR5 CLARK A. JOHNSON Chairman and Chief Executive Officer Pier 1 I m ports, Inc. DONALD W. DAVIS President and Chief Executive Offic'er Sunbelt Nursery Group, Inc. MARVIN J. GIROUARD President .and Chief Operating Officer , Pier 1 I m ports, Inc. OFFICER5 DONALDW. DAVIS President. and Chief Executive Officer ROBERT L. BROADHEAD Senior Vice President and Chief'Operations Officer W.-MICHAEL COOK Vice President Merchandising ADDITIONAL INFORMATION CORPORATE OFFICES One Ridgmar Centre 6~00 West Freeway, Suite 600 F~rt Worth, Texas 76116 Telephone (817)738-8111 RICHARD J. GYDE President and Chief Executive- Officer NutriSystems LUTHER A. HENDERSON Chairman and Chief Executivei Officer Medical Ventures, Inc. TONY J...CHRON Vice President Real Estate and Store Development MARK L. JONES 'Vice President Finance, Secretary and Treasurer TERESA E. GRAHAM Assistant Secretary TRANSFER AGENT AND REGISTRAR Ameritrust j. Dallas, Texas INDEPENDENT ACCOUNTANTS Price Waterhouse j Fort Worth, Texas GENERAL COUNSEL Kelly, Hart & Hallman j Fort Worth, Texas 33