HomeMy WebLinkAboutRes 2025-07-1793 First Amendment to EDC Incentive Agreement with the Seitz Group, Inc.RESOLUTION NO. aoa 5 - 0 `7- 17 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A FIRST AMENDMENT TO INCENTIVE AGREEMENT WITH SEITZ
GROUP, INC.
WHEREAS, the City has previously entered into an Economic Development Incentive
Agreement (the "Agreement") with Seitz Group, Inc. (the "Developer") in connection with the
development of property for commercial and retail use (the "Project") at the southeast corner of
the intersection of Highway 75 and Rosamond Parkway, in the City of Anna, County of Collin,
State of Texas;
WHEREAS, the City and the Developer desire to amend the Agreement as set forth in the
First Amendment to Economic Development Incentive Agreement attached hereto as Exhibit 1
(the "Amendment"); and
WHEREAS, the City has found that the Project and associated incentives provided by the
City as set forth in the Amendment will promote new or expanded business enterprises; and
WHEREAS, the City is authorized to provide the incentives under Chapter 380 of the
Texas Local Government Code and said incentives as described in the Agreement and the
Amendment are in exchange for and conditioned upon Developer timely meeting its obligations
under the Agreement and the Amendment;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. Findings. The findings set forth above are incorporated herein for all
purposes as if set forth in full.
SECTION 2. Approval of Project and Amendment
The City Council of the City of Anna, Texas hereby approves the Amendment attached
hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor to execute the
same on its behalf, subject to approval as to form by legal counsel for the City, said Amendment to
be effective upon its passage and as set forth in said Amendment.
SECTION 3. Administration
The City hereby authorizes the City Manager or his designee to administer the Amendment.
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7129510140
PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas,
on this the CU day of `1�Jl_ 2025.
ATTEST:
CaA,4g -Z � I Y. xze�2�
Carrie L. Land, Ci y Se retary
Page 2
Pete . ain, Mayor
Exhibit 1
FIRST AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This FIRST AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT (this "First Amendment") is made and entered into by and between the CITY OF
ANNA, TEXAS, a Texas home -rule municipality (the "City") and SEITZ GROUP, INC, a Texas
corporation ("Developer") (each individually, a "Party," and collectively, the "Parties"), to be
effective as of Q.1 a , 2025.
RECITALS
WHEREAS, the City and the Developer previously entered into that certain Economic
Development Incentive Agreement, effective as of October 22, 2024 (the "Agreement"); and
WHEREAS, capitalized terms used in this First Amendment herein but not otherwise
defined shall have the meanings assigned to them in the Agreement; and
WHEREAS, the Parties desire to amend Section 3 and Section I 1 of the Agreement; and
WHEREAS, the Parties acknowledge and agree that, except to the extent amended by this
First Amendment herein, all provisions and terms contained in the Agreement shall remain in full
force and effect; and
NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set
forth in this First Amendment, and for good and valuable consideration the receipt and adequacy
of which are acknowledged and agreed, the Parties agree as follows:
AGREEMENT
Defined Terms. All capitalized terms used in this First Amendment, to the extent
not otherwise expressly defined herein, shall have the meanings assigned to them
in the Agreement.
2. Amendment to Section 3. "Obligations". Section 3 of the Ageement is amended
to read as follows:
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(a) Required Construction ofRoadway Public Infrastructure and Water
Public Infrastructure; Other Public Infrastructure. The obligation of the City to
provide the Incentives described in Section 2(b) shall be conditioned upon the
compliance and satisfaction of each of the terms and conditions of this section 3 (a).
Developer shall construct the Roadway Public Infrastructure and Water Public
Infrastructure and shall complete such Roadway Public Infrastructure and Water
Public Infrastructure in sufficient time to allow for the opening of the Grocery
Improvements for use by the public by the Grocery Improvement Deadline as may
be extended as set forth below for obtaining the certificates of occupancy for the
Grocery Improvements. Upon the Completion of Construction of Roadway Public
7129543380
Infrastructure and Water Infrastructure, the City shall provide the reimbursement
of the Reimbursable Construction Costs of the Roadway Public Infrastructure and
the Water Public Infrastructure as set forth in Section 2(b) hereof.
(b) Completion of Construction of the Grocery Improvements:
Emplovment Requirements. The obligation of the City to provide the Incentives
described in Section 2(a) shall be conditioned upon the compliance and
satisfaction of each of the terms and conditions of this Agreement by Developer
including without limitation each of the terms and conditions set forth below:
(1) Developer shall cause Completion of Construction of the
Grocery Improvements and shall obtain the certificates of occupancy
necessary to open to the Grocery Improvements to the public for the
intended grocery and fuel store uses on or before December 31, 2027
(the "Grocery Improvements Deadline'). Notwithstanding the
foregoing, Developer may: (i) extend the Grocery Improvements
Deadline for a six-month period by delivering a written notice of
extension to the City on or before the Grocery Improvements Deadline,
and upon the delivery of such notice, the Grocery Improvements
Deadline shall be extended to June 30, 2028; and (ii) extend the Grocery
Improvements Deadline for a second six-month period by delivering a
written notice of such second extension to the City on or before the
expiration of the first six-month extension period, and upon the delivery
of such notice, the Grocery Improvements Deadline shall be extended to
December 31, 2028 (the "Outside Grocery Improvements Deadline').
Such extensions requested by the Developer as described in the
preceding sentence shall be automatic upon delivery of notice and shall
not require separate approval of the City. Notwithstanding the foregoing
or any other provision of this Agreement, the Grocery Improvements
Deadline shall not be extended beyond the Outside Grocery
Improvements Deadline set forth in this paragraph unless this Agreement
is amended to expressly provide for an additional extension by the
mutual written agreement of the Parties.
(2) Developer shall cause the tenant or purchaser of the
Grocery Improvements to agree to employ, during the Term of this
Agreement not less than 175 full-time equivalent employees, which shall
be calculated by the number of total hours worked by employees working
in the Grocery Improvements, divided by the maximum number of
compensable hours for a full-time work schedule (35hrs/week).
(c) Required Use. During the term of this Agreement following the
applicable Commencement Date and continuing thereafter until the Expiration
Date, the Retail Improvements shall not be used for any purpose other than a retail
strip center and the Grocery Improvements shall not be used for any other purpose
than a grocery and fuel center.
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(d) Ownership. During the term of this Agreement, Developer may sell
all or a portion of the Property; provided, however, Developer shall remain liable
for all obligations hereunder other than any obligations properly assigned
pursuant to Section 27. For clarity, the City acknowledges that the Developer may
transfer all or a portion of the Property for development of the Grocery
Improvements or Retail Improvements, and the City shall provide the Impact Fee
Credits under Section 2(a) to the owners of the Grocery Improvements or Retails
Improvements, as applicable.
3. Amendment to Section 11. "Notices". The addresses for the Developer under
Section 11 of the Agreement are amended to read as follows:
To the Developer: Seitz Group, Inc.
Attn: Eric Seitz
1110 Cowan Rd.
Celina, TX 75009
With a copy to: Attn: Drew Slone
Greenberg Traurig, LLP
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
Email: drew.sIone@gtlaw.com
4. Miscellaneous.
(a) This First Amendment amends the Agreement in no other manner except as
expressly set forth herein. Except as amended herein, the terns, provisions, agreements, covenants
and conditions of the Agreement shall continue in full force and effect. In the event of a conflict
between this First Amendment and the Agreement, the terms of this First Amendment shall
control.
(b) This First Amendment together with the Agreement shall constitute the
entire agreement between the Parties and supersedes all prior agreements and understandings,
whether oral or written, concerning the subject matter of this First Amendment and the Agreement.
This First Amendment and the Agreement shall not be modified or amended except in writing
signed by the Parties.
(c) This First Amendment may be executed in one (1) or more counterparts,
each of which when taken together shall constitute one and the same instrument.
(d) The City represents and warrants that the individual executing this First
Amendment on behalf of the City has been duly authorized to do so. The Developer represents and
warrants that the individual executing this First Amendment on behalf of the Developer has been
duly authorized to do so.
4. Statutory Verifications. The Developer makes the following representations and
covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as
heretofore amended (the "Government Code"), in entering into this Agreement. As used in such
verifications, "affiliate" means an entity that controls, is controlled by, or is under common control
with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make
a profit. Liability for breach of any such verification during the term of this Agreement shall
survive until barred by the applicable statute of limitations, and shall not be liquidated or otherwise
limited by any provision of this Agreement, notwithstanding anything in this Agreement to the
contrary.
a. Not a Sanctioned Company. The Developer represents that neither it nor
any of its parent company, wholly- or majority -owned subsidiaries, and other affiliates is
a company identified on a list prepared and maintained by the Texas Comptroller of Public
Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing
representation excludes the Developer and each of its parent company, wholly- or majority -
owned subsidiaries, and other affiliates, if any, that the United States government has
affirmatively declared to be excluded from its federal sanctions regime relating to Sudan
or Iran or any federal sanctions regime relating to a foreign terrorist organization.
b. No Boycott of Israel. The Developer hereby verifies that it and its parent
company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not
boycott Israel and will not boycott Israel during the term of this Agreement. As used in
the foregoing verification, "boycott Israel" has the meaning provided in Section 2271.001,
Government Code.
C. No Discrimination Against Firearm Entities. The Developer hereby verifies
that it and its parent company, wholly- or majority -owned subsidiaries, and other affiliates,
if any, do not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association and will not discriminate against a firearm entity
or firearm trade association during the term of this Agreement. As used in the foregoing
verification, "discriminate against a firearm entity or firearm trade association" has the
meaning provided in Section 2274.001(3), Government Code.
d. No Boycott of Energy Companies. The Developer hereby verifies that it
and its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any,
do not boycott energy companies and will not boycott energy companies during the term
of this Agreement. As used in the foregoing verification, "boycott energy companies" has
the meaning provided in Section 2276.001(1), Government Code.
5. Form 1295. Submitted herewith is a completed Form 1295 from the Developer.
The City hereby confirms receipt of the Form 1295 from the Developer. The Parties understand
and agree that, with the exception of information identifying the City and the contract identification
number, neither the City nor its consultants are responsible for the information contained in the
Form 1295; that the information contained in the Form 1295 has been provided solely by the
Developer; and, neither the City nor its consultants have verified such information.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
CITY OF ANNA, TEXAS
By:
' Pete `Cain, Mayor
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the 0 day of AJl X 2025, appeared
Pete Cain, known to me (or proved to me) to be the person whose n me is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as Mayor
of the City of Anna, Texas.
4'B
No*t�' &L�
NATASHALEIGH ROACH
My Notary ID # 132779769
'•%oF;;t'•' Expires November 12, 2028
[Signature Page to First Amendment to Economic Development Incentive Agreement]
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SEITZ GROUP, INC.,
a Texas corporation 6
By:
Name: Eric
Its Pi
STATE OF TEXAS
COUNTY OF COLLIN )
This instrument was acknowledged before me on 2025 by Eric Seitz
in his capacity as President of Seitz Group, Inc., a Texas corporation.
[Seal] """'
2��v °�m,� AR AN ESMAILI BERENJESTANA
Notary Public, State of Texas
Comm. Expires 10-07-2028 §ary Public —St f texas
Notary ID 135120679
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[Developer's Signature Page to First Amendment to Economic Development Incentive
Agreement]
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