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HomeMy WebLinkAbout2015-07-21 Workshop & Regular Meetingy{per} HOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 21, 2015 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., July 21, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items, 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551,072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations, or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); update on economic development negotiations. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. l .The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-21-I5 CC Workshop Meeting Agenda.doc Posted 07-16-15 4. Consider/Discuss/Action on any items listed on posted agenda for July 21, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. Adjourn. This is to certify that I, Mirenda McQuagge-Walden, Acting City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., July 16, 2015. Mirenda McQuagge-Walden, Acting City Secretary l .The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-21-15 CC Workshop Meeting Agenda.doc 2 Posted 07-16-I5 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item No. I WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits' July 21, 2015 City Manager None CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. 2 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21I 2015 City Manager None CITY OF ANNA, TEXAS Item No. 3 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager None AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. discuss cuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 9551.072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); update on economic development negotiations. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 W S City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager None AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for July 21, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 5 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21I 2015 City Manager None Y{OIIR.}HOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING July 211 2015 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., July 21, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-21-15 CC Regular Meeting Agenda.doc 1 Posted 07-16-I5 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes for June 23, 2015. b. Review CDC Minutes for April, 9, 2015. (Jessica Perkins) c. Review EDC Minutes for March 19, 2015 and April 9, 2015, (Jessica Perkins) d. Approve a resolution regarding the "W.J. Ranch House" development plat. (Maurice Schwanke) e. Approve a resolution regarding "L G Motorsports Park Addition" development plat. (Maurice Schwanke) f. Approve a resolution regarding "Pepper Family Addition" development plat. (Maurice Schwanke) g. Approve a resolution amending and extending the agreement with Collin County for Jail Services.(Chief Jenks) h. Approve a resolution approving an Estoppel Certificate for QSeminole Anna Town Center L.P. (Jessica Perkins) 6. Consider/Discuss/Action regarding a resolution approving a Grade Crossing Maintenance Agreement with Dallas, Garland & Northeastern Railroad, Inc. (City Manager) 7. Consider/Discuss/Action regarding a resolution approving a contract with North Star Destination Strategies and authorizing a contingency appropriation. (Jessica Perkins) 8. Consider/Discuss/Action regarding a resolution appointing a community branding advisory group. (Jessica Perkins) 9. Briefing/Discussion regarding vector control. (Joseph Johnson) 10. Briefing/Discussion regarding the FY 2016 Budget. (Clayton Fulton) 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate personnel matters (Tex. Gov't Code §551.074) City Secretary; 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-21-15 CC Regular Meeting Agenda.doc 2 Posted 07-16-15 b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code §551.0871, update on economic development negotiations. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on posted agenda for July 21, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. Adjourn. This is to certify that I, Mirenda McQuagge-Walden, Acting City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. July 16, 2015. Mirenda McQuagge-Walden, Acting City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-21-15 CC Regular Meeting Agenda.doc 3 Posted 07-16-15 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item No. 1 City Secretary's use only City Council Agenda Staff Report Date: 'Staff Contact: Exhibits: July 21, 2015 City Manager N/A CITY OF ANNA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21I 2015 City Manager N/A CITY OF ANNA, TEXAS AGENDA SUBJECT: Citizen comments. Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager N/A SUMMARY: Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: July 21, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 5 (a_h) City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager Attached AGENDA SUBJECT: These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve the City Council Minutes for June 23, 2015. b. Review CDC Minutes for April, 9, 2015. (Jessica Perkins) c. Review EDC Minutes for March 19, 2015 and April 9, 2015. (Jessica Perkins) d. Approve a resolution regarding the "W.J. Ranch House" development plat. (Maurice Schwanke) e. Approve a resolution regarding "L G Motorsports Park Addition" development plat. (Maurice Schwanke) f. Approve a resolution regarding "Pepper Family Addition" development plat. (Maurice $Chwanl<e) g. Approve a resolution amending and extending the agreement with Collin County for Jail Services.(ChiefDenks) h. Approve a resolution approving an Estoppel Certificate for QSeminole Anna Town Center L.P. (Jessica Perkins) STAFF RECOMMENDATION: Staff recommends approval of the consent items. MINUTES Or CITY Or ANNA AGENDA NOTICE —CITY COUNCIL WORKSHOP June 23, 2015 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., June 23, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Mile Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Milce Crist and Council Members Justin Burr, John Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Member Lauren Lovato was absent. Council entered closed session at 6:32 pm. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate personnel matters (Tex. Gov't Code §551.074) review City Secretary applications; members of boards and commissions; b. consult with legal counsel regarding pending or contemplated gation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); proposed Inter -local Agreement and related security issues. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council returned to open session at 7:22 pm. 4. Consider/Discuss/Action on any items listed on posted agenda fortune 23, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 06-23-15 CC Workshop Meeting Minutes.doc 1 06-23-15 Council Member Bryan made the motion to take no action. Council Member Dowd seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Barnes made the motion to adjourn at 7:23 pm. Council Member Bryan seconded the motion. Motion passed. AYE 6 AT'f EST: NAY 0 Mirenda McQuagge-Walden, Acting City Secretary ABSTAIN C Mike Crist, Mayor 06-23-15 CC Workshop MeetingMinutes.doc 2 06-23-15 MINUTES OF CITY OF ANIMA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING June 23, 2015 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., June 23, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mile Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mile Crist led the Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. No citizen comments. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules, an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a persons public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Dowd announced a community Flag Retirement Ceremony at 4:00 p.m. on July 5, 2015 at the Pin Oaks Christian Fellowship located at 2620 C.R. 1106. 06-23-15 CC Regular Meeting Minutes.doc l 06-23-I5 City Manager Philip Sanders announced the July 4th Fireworks show that the Chamber of Commerce produces in partnership with the City of Anna. It will take place at the high school and the show starts around 9*30 pm. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes for June 9, 2015. b. Approve a resolution regarding "Villages of Hurricane Creek" preliminary plat. (Maurice Schwanke) c. Approve the special event application by Sara Cox, representative for the Greater Anna Chamber of Commerce regarding the request for the "July 4th Fire Works Show" at the Anna High School on July 4th, 2015. Council Member Barnes made the motion to approve all items by consent. Council Member Bryan seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 6. a. Public Hearing: For City Council to hear public comments regarding a request by John Arnold, representative for Anna Town Center #4\Shrp Ltd, requesting a change from (PD) to Planned Development with an additional use (Longhorn on property). The Planned Development being revised is 129- 2004. The property is located east of Hwy 5, north of Finley and north of Sharp. b. Consider/Discuss/Action regarding adopting an ordinance approving the requested zoning changes regarding PD 129-2004 to Planned Development with the additional use (Longhorn on property). (Maurice Schwanke) Planning Director Maurice Schwanke presented the item and answered questions from Council. Mayor Crist opened the public hearing at 7:42 pm. There were no public comments. Mayor Crist closed the public hearing at 7642 pm. Council Member Beazley suggested that the ordinance language, Longhorn cows be changed to Longhorn cattle. Council Member Bryan made the motion to approve the item and change the ordinance language to reflect Longhorn cattle. Council Member Dowd seconded the motion. Motion passed. AYE 6 [17 ABSTAIN 0 06-23-15 CC Regular Meeting Minutes.doc 2 06-23-IS 7. Public Hearing: For City Council to consider public comments regarding a request by Anna Village LLC , owners of property, to amend the existing PD (631-2013) zoning to revise the height of the proposed buildings to a maximum of 44' and the building setback against the commercial site to 0'. The property is generally located on the west side of South Powell Parkway in the 1200 to 1300 block. b. Consider/Discuss/Action adopting an ordinance to amend the existing PD (631=2013) zoning to revise the height of the proposed building and the building setback. (Maurice Schwanke) Mr. Maurice Schwanke presented the item and answered questions from Council. Mayor Crist opened the public hearing at 7:47 pm. There were no public comments. Mayor Crist closed the public hearing at 7:47 pm. Council Member Barnes made the motion to approve the item. Council Member Dowd seconded the motion. Motion passed. NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding appointments/reappointments to Anna Economic Development Corporation. (City Council) Mayor Crist presented the item to Council. Mayor Crist made the motion to reappoint John Houcek, Place 1; Michael Williams, Place 3; Alonzo Tutson, Place 5 and Lee Miller, Place 7. Council Member Beazley seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Council Member Beazley made the motion to appoint Brent Thomas to Place 6. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 0 9. Consider/Discuss/Action regarding appointments/reappointments to Anna Community Development Corporation. (City Council) Mayor Crist presented the item to Council. Mayor Crist made the motion to reappoint John Houcek, Place 1; Michael Williams, Place 3; Alonzo Tutson, Place 5; Lee Miller, Place 7 and appoint Brent Thomas to Place 6. Council Member Beazley seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 06-23-15 CC Regular Meeting Minutes.doc 3 06-23-15 10. Consider/Discuss/Action regarding appointments/reappointments to the Planning and Zoning Commission. (City Council) Mayor Crist presented the item to Council. Mayor %.nSL made the motion to reappoint Sandy Setliff, Place 1; Lorenzo Gonzalez, Place 3, and John Johnson, Place 5. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Mayor Crist made the motion to appoint Donald Henl<e to Place 4. Council Member Bryan seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Council Member Barnes made the motion to appoint Rene Martinez to Place 7. Council Member Beazley seconded the motion. Motion failed. AYE 3 NAY 3 (Bryan, Dowd, Crist) ABSTAIN 0 Council Member Bryan made the motion to appoint Tom Plunkett to Place 7. Mayor Crist seconded the motion. Motion passed. AYE 4 NAY 2 (Beazley, Barnes) ABSTAIN 0 11. Consider/Discuss/Action regarding appointments/reappointments to the Park Advisory Board. (City Council) Mayor Crist presented the item to Council. Mayor Crist made the motion to reappoint Jon Hendricks, Place 1 and Eric Cogar, Place 5. Council Member Burr seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Council Member Bryan made the motion to appoint Rene Martinez to Place 3. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustment. (City Council) Mayor Crist presented the item to Council. Mayor Crist made the motion to reappoint Jon Hendricks, Place 1; James Gursl<i, Place 3 and LaShardar Jarvis - Wells, Place 5. Council Member Barnes seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 06-23-15 CC Regular Meeting Minutes.doc 4 06-23-15 Council Member Burr made the motion to appoint Brent Thomas to Place 4. Council Member Bryan seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 Council Member Barnes made the motion to appoint Leroy Thompson to Alternate 1. Council Member Bryan seconded the motion. Motion passed. AYE 6 NAY 0 ABSTAIN 0 13. Briefing/Discussion regarding the FY 2016 Budget. (Clayton Fulton) Finance Director Clayton Fulton presented information to the Council regarding the FY 2016 budgets for City Council, City Manager, City Secretary, Administrative Services and Finance. Council entered into Closed Session at 8:54 pm. 14. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discussion regarding contracts with athletic associations. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council returned to Open Session at 9:19 pm. 15. Consider/Discuss/Action on any items listed on posted agenda for June 23, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Council Member Barnes seconded the motion. Motion passed. MON AYE 6 06-23-15 CC Regular Meeting Minutes.doc 5 06-23-15 16. Adjourn. Council Member Barnes made the motion to adjourn at 9:19 pm. Council Member Beazley seconded the motion. Motion passed. AYE 6 ATTEST: Mirenda McQuagge-Walden, Acting City Secretary ABSTAIN 0 ►e1»Zi��L� Mile Crist, Mayor 06-23-15 CC Regular Meeting Minutes.doc 6 06-23-IS DcVFLOk�t�iLh:T MEETING MINUTES OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, April 9, 2015 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, April 9, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, 1. Call to Order John Houcek, President, called the meeting to order at 5:12 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Stump, Alonzo Tutson and Doug Hermann. Directors in abstention: None. Lee Miller, Michael Williams, Connie A quorum was declared present and the floor was open for business. Others in attendance: Philip Sanders, City Manager; Jessica Perkins, Chief Administrative Officer; Clark McCoy, attorney for CDC; and guest, Clayton Fulton, Chief Financial Officer. 3. Invocation and Pledge. John Houcek offered the prayer and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding passing a resolution approving an expenditure of funds for advertising in the Dallas Morning News Best Neighborhoods to Live, the 2015 Edition. Despite the fact that Anna is not presently on the list of "Best Neighborhoods to Live," Jessica Perkins presented this opportunity to the Board for their consideration. According to the DMN, this publication goes out to over 500,000 readers, and worth the cost of placing an advertisement. The publication will be available on Sunday, May 17, 2015, Originally, the size of the ad under consideration was to be a one-fourth ('/A) page cube. But after some discussion, the Board decided to go with a one-half ('/2) page ad that the Board thought was more appropriate. The cost will be split equally between the two corporations. I. The Corporation may vote and/or net upon each of the items listed in this agenda. Corporation reserves the right to retire into executive session concerning any Of the items listed on this agCndII, whenever it is considered necessary and legally justilied under the Open �4ceting i1cl. 3. Persons with a disability who want to attend this meeting who nuq' need assislancc should contact the 0171 cc orthe City Secretory at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-09-2015 Special CDC Minutes.doc 1 Alonzo Tutson made a motion to adopt and approve the resolution of the Anna Community Development Corporation; to authorize the expenditure of funds to place an advertisement in the Dallas Morning News "Best Neighborhoods" edition, at a cost of $2,350 (to be divided between the two corporations) and to authorize the Chief Administrative Officer, ("CAO") to charge the Anna Community Development Corporation's promotional account without further permission from the CDC Board Directors and to expend said amount for the purpose stated in this resolution. Doug Hermann seconded the motion. Motion passed. 5. Consider/Discuss/Action regarding passing a resolution approving a project and related to incentive agreement for new economic development with Q Seminole Anna Center L. P., the Anna Economic Development Corporation, and the City of Anna. Philip Sanders presented a set of slides illustrating the layout of the new business center, the location of the WakMart supercenter and the addition of present and new infrastructure. Philip Sanders and Jessica Perkins led the discussion, regarding the financial obligations of each party. (Some costs are to be shared between (EDC and CDC), the time -frame of events, and the incentive agreement. Following the presentation, Michael Williams made a motion to adopt and approve the resolution, subject to the approval as to form and substance of the incentive agreement by CDC's legal counsel, approving a project and related incentive agreement for the new economic development with ) Seminole Anna Center L. P., the Anna Economic Development Corporation, and the City of Anna and authorizing the disbursement of funds under said agreement. The motion was seconded by Alonzo Tutson. Motion passed. 6. Discussion of performance agreement with Empowered Training Centre. 7. Closed Session (exceptions): a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072)0 b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087). 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-09-2015 Special CDC Minutes.doc 2 John Houcek read the foregoing into the record. Lee Miller made a motion to move to Closed Session that was seconded by Doug Hermann . Motion passed and the Board entered into Closed Session at 6:12 p.m. After discussing the business at hand, Doug Hermann made a motion to adjourn Closed Session and retum to Open Session. Alonzo Tutson seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, April 9, 2015 at 6:37 p.m. Review of fiscal year finance statements. A copy of the Anna Community Development Corporation 2014-2015 Check Ledger, dated from October 20, 2014 thru March 6, 2015, was included in the meeting packet. Jessica Perkins explained several of the expenditures. 9. ConsiderlDiscuss/Action regarding minutes from November 6, 2014 and December 4, 2014. After the Board took a few minutes to review, Michael Williams made a motion to accept the minutes as corrected. Lee Miller seconded the motion. Motion passed. 10. Adjourn. Alonzo Tucson made a motion to adjourn the meeting. Lee Miller seconded the motion. Motion carried and the meeting adjourned at 6A.5 p.m. APPROVED: Houcek lent of CDC ATTESTED: Sherilyn C Secretary 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-09-2015 Special CDC Minutes.doc 3 MEETING MINUTES OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, March 199 2015 rcor,�r,uc: DEVEIOPMEN' CQRPORATIOI: The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m., on Thursday, March 19, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), and Anna, Texas, to consider the following items. 1. Call to Order. Connie Stump, President, called the meeting to order at 5:01 p.m. Roll call was taken and a quorum was established. 2. Roll Call and Establishment of Quorum. Directors present were: Lee Miller, Michael Williams, Connie Stump, Alonzo Tutson, and Doug Hermann. Directors in abstention: John Houcek Others in attendance: Jessica Perkins, Chief Administrative Officer ("CAO"); Clark McCoy, legal counsel for Anna Community Development Corporation; Consultant Nathan Forney, Kimley Horn; Consultant Roy Wilshire, Kimley Horn; Consultant Richard Ferrara, Architect; Consultant Paul Hartman, Appraiser; David Funderburg, Real Estate Broker. 3. Discussion and presentation of potential Tech Park Project. 4. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or 1. "I•he Coryx�nriion may vote and/or act upon each ol'thc items listed in this agenda. 2. "I'he Cory oration reserves the right to retire info executive session concerning any of the items listed on this agenda, whenever it is considered necessary and Icgall}justilial under the Open Alecting net. 3. persons with a disability who want to attend this meeting who may need assistance should conlacl the orrice orthe City Secretary at 972 92d-3325 two working clays prior to the meeting so that appropriate arrangements can be nwde. 03-19-2015 EDC Minutes.doc 1 (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087) Connie Stump read the foregoing into the record. Michael Williams made a motion to move to Closed Session that was seconded by Alonzo Tutson. Motion passed and the Board entered into Closed Session at 5:04p.m. After discussing the business at hand, Alonzo Tutson made a motion to adjourn Closed Session and return to Open Session. Michael Williams seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, March 19, 2015 at 6:05 p.m. 5. Adjourn. Doug Hermann made a motion to adjourn the meeting. Lee Miller seconded the motion and the meeting was adjourned at 6:06 p.m. President of EDC ATTESTED: Sherilyn C Secretary 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-19-2015 EDC Minutes.doc 2 MEETING MINUTES OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION DE' ELOPMEN T Thursday, April 9, 2015 CORPORATION The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m., on Thursday, April 9, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President, called the meeting to order at 6:45 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Lee Miller (left meeting), Michael Williams, Connie Stump, Alonzo Tutson and Doug Hermann. Directors in abstention: None. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, attorney for EDC. 3. Consider/Discuss/Action regarding passing a resolution approving an expenditure of funds for advertising in the Dallas Morning News Best Neighborhoods to Live, the 2015 Edition. During the meeting of CDC, the Board made a motion to adopt and approve the resolution of the Anna Community Development Corporation; to authorize the expenditure of funds to place an advertisement in the Dallas Morning News "Best Neighborhoods" edition, at a cost of $2,350 (to be divided between the two corporations) and to authorize the Chief Administrative Officer, ("CAO") to charge the Anna Community Development Corporation's promotional account without further permission from the CDC Board Directors and to expend said amount for the purpose stated in this resolution. A like motion was made by Doug Hermann, seconded by Alonzo Tutson and passed by the Board. 4. ConsiderlDiscuss/Action regarding passing a resolution approving a project and related to incentive agreement for new economic development with Q Seminole Anna Center L. P., the Anna Economic Development Corporation, and the City of Anna. I. "ncc Corporation may vote and/or act upon each of the items listed in this agenda. 2. "I'hc Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda. whenever it is considered necessary and legally justified under the Open Heeling net. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the ollice orthe City Sccretaty at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-09-2015 Special EDC Minutes.doc 1 During the Anna Community Development Corporation meeting, a presentation regarding the aforementioned was given. Following the presentation, a motion to adopt and approve the resolution, subject to the approval as to form and substance of the incentive agreement by EDC's legal counsel, approving a project and related incentive agreement for the new economic development with Q Seminole Anna Center L. P., the Anna Economic Development Corporation, and the City of Anna and authorizing the disbursement of funds under said agreement, was made. A like motion was made by Michael Williams and seconded by Alonzo Tutson. Motion passed. The cost will be split between the tNO corporations. 5. Discussion of performance agreement with Empowered Training Centre. Not necessary. 6. Discussion of potential Tech Park Project. 7. Closed Session (exceptions): a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Discuss or deliberate Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087). Connie Stump read the foregoing into the record. Doug Hermann made a motion to move to Closed Session that was seconded by Michael Williams. Motion passed and the Board entered into Closed Session at 6:54 p.m. After discussing the business at hand, Doug Hermann made a motion to adjourn Closed Session and return to Open Session, Alonzo Tutson seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, April 9, 2015 at 7:30p.m. I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-09-2015 Special EDC Minutes.doc 2 8. Review of fiscal year finance statements. A copy of the Anna Economic Development Corporation 2014-2015 Check Ledger, from October 10, 2014 thru March 3, 2015, was included in the meeting packet. Jessica Perkins discussed some of the expenditures to the Board. 9. ConsiderlDiscuss/Action regarding minutes from November 6, 2014 and December 4, 2014. After the Board took a few minutes to review, Alonzo Tutson made a motion to accept the minutes as corrected. John Houcek seconded the motion. Motion passed. 10. Adjourn. Michael Williams made a motion to adjourn the meeting. Alozno Tutson seconded the motion. Motion carried and the meeting adjourned at 7:30 p.m. APPROVED: President of EDG ATTESTED: �n�nryn Secretary 1. The Corporation may vote and/or act upon each of the itcros listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 0409-2015 Special EDC Minutes.doc 3 CITY OF ANNA, TEXAS Item No. Sd City Secretary's use only City Council Agenda Staff Report Date: 07/21/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve a resolution regarding W. J. Ranch House" development plat. SUMMARY: The development plat submitted is located within the extraterritorial jurisdiction of the City. The tract is in the John Patton Survey and contains approximately one hundred (100) acres of land. The property is located east of County Road 209 and south of County Road 210. The owner is proposing to build a house and metal building for storage on the tract. The submittal meets the City of Anna development plat requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their July 6, 2015 meeting. The vote was unanimous. STAFF RECOMMENDATION: Approval of resolution CITY OF ANNA, TEXAS RESOLUTION NO. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "W. J. RANCH HOUSE" DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED EAST OF COUNTY ROAD 209 AND SOUTH OF COUNTY ROAD 210 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves the W. J. Ranch House development plat PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 215t day of July, 2015. Mirenda McQuagge-Walden Acting City Secretary /eT]�Ti1�L� Mayor, Mike Crist CITY OF ANNA RESOLUTION NO. 2015-07- PAGE 10F 1 SS!"o,U7sq�,faf'ns q�ae,ouag7 :L g /, East Fork T 3 ini[y Ri ver O oeeaaasaes � t ,� n V � C \4 009` ea a ovc u✓ ,� � ---.. �g Yz #=y? £Il-'ofY�sgY�'aungp�BaoB'P.�dsq I Y ti CITY OF ANNA, TEXAS Item No. Se City Secretary's use only City Council Agenda Staff Report Date: 07/21/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve a resolution regarding "L G Motorsports Park Addition" development plat. SUMMARY: The development plat submitted is located within the extraterritorial jurisdiction of the City. The tract is in the J. Chambers Survey. The property is generally located east of F.M. 2862 and about 3/ mile north of the Sam Rayburn Memorial Highway. The owner is proposing to build several structures for commercial use on the tract. The company currently exists in Plano and are planning on relocating in Anna's ETJ. The owners will need to contact Collin County regarding permitting. The submittal meets the City of Anna development plat requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their July 6, 2015 meeting. The vote was unanimous. STAFF RECOMMENDATION: Approval of resolution. CITY OF ANIMA, TEXAS RESOLUTION N0. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "L G MOTORSPORTS PARK ADDITION" DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED EAST OF F.M. 2862 AND ABOUT % MILE NORTH OF THE SAM RAYBURN MEMORIAL HIGHWAY AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves the L G Motorsports Parl< Addition development plat PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 215Y day of July, 2015. ATTEST: Mirenda McQuagge-Walden Acting City Secretary Mayor, Milce Crist CITY OF ANNA RESOLUTION N0. 2015-07- PAGE 10F 1 ,g 11 11 1 1 11 I i I ECG a��f i'S£ 9 SFLz� q�Ft ;'tif S�e 3bg3Y2 aYY Y' Y@: sY " 'dam ORE -EYW 391• `]SE �8.'8S z8E' .�8E'. - '�= Ry€Y} �8E'aE •_88; i� $8E•.8 -•t i i •�• -a-'yegyagsyaQ,: ' ae:$$g jai" 0.8:•$;...a -.ac'ysse; �qy gq:.g g a aR $; d8 C£ a e r y n� b 3 GyG7+ L R O p F f 4 Sme DD v >a� oj0ii z y n ~ ~ 0 t i $ zp < to � o � G m z m D r z N BAO.L AArAWfA , b- =a:�F CITY OF AN NA, TEXAS Item No. X City Secretary's use only City Council Agenda Staff Report Date: 07/21/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve a resolution regarding "Pepper Family Addition" development plat. SUMMARY: The development plat submitted is located within the extraterritorial jurisdiction of the City. The tract is in the Mark Roberts Survey. The owner is proposing to build a house and several other structures on the tract. The property is located at 2401 Pepper Hill Drive. The submittal meets the City of Anna development plat requirement. The Staff recommends approval of the development plat The Planning and Zoning Commission recommended approval of the development plat at their July 6, 2015 meeting. The vote was unanimous. STAFF RECOMMENDATION: Approval of resolution CITY OF ANIMA, TEXAS RESOLUTION NO. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "PEPPER FAMILY ADDITION" DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 2401 PEPPER HILL DRIVE AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves the Pepper Family Addition development plat PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 215t day of July, 2015. Mirenda McQuagge-Walden Acting City Secretary APPROVED: Mayor, Mile Crist CITY OF ANNA RESOLUTION N0. 2015-07- PAGE 10F 1 F F E 3m^E - s• - y A a� babyI �oa � AO y�ZT N= � y.d 5 + I I ' I o MICNAFI V/AYNE PERWNS 8 JRIN FERO,21$0108 W19 NS IIISTR, NO. 20FJ0108000019409 I RP.RGGi 1 ay I� / AO32 / ` y�t„• pz b / A tb.'•. .N n n I hm � j And I s. C � AonAi I Ob / AO vv A�L$a /� y�2T Iy aCmDA va d�nmo a L v I^ ^omaa c $Aoo Opl i m N. y n„bA D E O OY/ ' oA0 � Y L U O�yT yva a 9�Z� y O M5 m I O N I OC Iy �.x 00 Fr,""` ml as Voo Ay (H �O C y `O 111 � si Ay j N 1'f Z4 it O o N 91 o Aoa vai N` I A•.� V n�� yea uA 1 � .4L'S6E 3.00.Z0.46S � o � t I i o I nNy� I ns �' 0 J kS RJONESG E.NMAO.OIIso N0.200919001JE09E0 ~_ � f0 RP.R.GQt I ' aoTCM•y fury' . �Q•�mc I` � aem� zi bvT ._ A{n•at 9 NH ; 8zZ y uy I L I't A INao� OD as a=ten yb A�1 �.AHSA c<, o 4m uA 2 -' i i . �w CITY OF ANNA, TEXAS Item No. City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 Chief Jenks Collin Agreement AGENDA SUBJECT: Consider/Discuss/Action approving a resolution amending and extending the agreement with Collin County for Jail Services. SUMMARY: The Police Department utilizes, through agreement, the Collin County Jail for all of the jail service needs that arise from the enforcement of laws by the Anna Police Department's Officers. This resolution allows the agreement to be amended to extend the jail services agreement through September 30, 2016. All other terms and conditions remain in full force and effect and may only be modified in writing, signed by both parties. STAFF RECOMMENDATION: Approve the resolution amending/extending the jail services agreement with Collin County. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN AGREEMENT WITH COLLIN COUNTY FOR JAIL SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Chief of Police, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the City's residents, recommends that the City renew the agreement for jail services with Collin County. WHEREAS, the City Council approves amendment #9 to the agreement as Section 2 of the current Jail Services Agreement is amended to read as follows: "2.01 This agreement shall be for a period of one (1) year ending September 30, 2016, and may be renewed for an additional one (1) year term as agreed in writing by both parties. If the basic charge per day is increased at any time during the agreement/renewal period, the agreement will be revised and forwarded to the entity with the revised basic charge fee." "Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties." Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 215t day of July, 2015. APPROVED: ATTEST: Mile Crist, Mayor Mirenda McQuagge-Walden, Acting City Secretary CITY OF ANNA RESOLUTION N0. 2015-07- PAGE 1 of 1 COLLIN COUNTY P, Amendment No. Nine (9) Vendor: CITY OF ANNA P.O. Box 776 Anna, TX 75409 Awarded by Court Order No. Amendment # 1 Amendment # 2 Amendment # 3 Amendment # 4 Amendment # 5 Amendment # 6 Amendment # 7 Amendment # 8 Amendment # 9 Contract Agreement: Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 Agreement, Jail Services 12104-08 Effective Date 10/1/2015 2006-271-03-28 2007-756-09-11 2008-778-09-23 2009-714-09-14 2010-500-07-26 2011-808-10-10 2012-485-08-06 2013-704-09-16 2014-675-09-22 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGE TO THIS CONTRACT Amend Section 2 Term to read as follows: McKinney, TX 75069 972-548-4165 2.01 This Agreement shall be for a period of one (1) year ending September 30, 2016, and may be renewed for an additional one (1) year term as agreed in writing by both parties. If the Basic Charge per day is increased at any time during the Agreement/Renewal period, the Agreement will be revised and forwarded to the entity with the revised Basic Charge Fee. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. Print Name CITY OF ANNA P.O. Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: �w CITY OF ANNA, TEXAS Item No. Sh City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Jess 7/21/2015 ica Perkins yes AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution approving an Estoppel Certificate for Q Seminole Anna Town Center L.P. SUMMARY: This agenda it is a request from Chief Partners, owners of the property at the northeast corner of hwy. 75 and FM 455. They have closed on the sale of land to Walmart but are refinancing the remaining land that they own. The lender has requested an estoppel certificate to certify that Chief Partners is not currently in default of their Economic Development Incentive Agreement. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. CITY OF ANNA, TEXAS RESOLUTION N0.2015-07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AN ESTOPPEL CERTIFICATE FOR Q SEMINOLE ANNA TOWN CENTER, L.P. RELATED TO AN INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P., THE ANNA ECONOMIC DEVELOPMENT CORPORATION, AND THE ANNA COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the City of Anna City Council has received a request to issue an Estoppel Certificate from Q Seminole Anna Town Center, L.P. who has represented that it will create and retain a significant number of new jobs and that will result in new capital investment, all within the corporate limits of the City; and WHEREAS, the City of Anna City Council desires to issue the Estoppel Certificate to satisfy Q Seminole Anna Town Center, L.P Lender's request to certify certain matters contained in the Incentive Agreement further detailed in EXHIBIT A attached. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Project, Agreement, and Expenditure The City of Anna City Council approves the Estoppel Certificate for Q Seminole Anna Town Center, L.P., attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the Mayor to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna this 21St day of July, 2015. APPROVED: Mile Crist, Mayor Mirenda McQuagge-Walden, Acting City Secretary CITY OF ANNA RESOLUTION NO. 2015-07- PAGE 10F 1 ESTOPPEL CERTIFICATE (INCENTIVE AGREEMENT FOR NEw ECONOMIC DEVELOPMENT) July _, 2015 Independent Bank, and its successors and assigns 2100 McKinney Avenue, Suite 1200 Dallas, TX 75201 Re: Incentive Agreement for New Economic Development ("Incentive Agreement") dated effective as of June 1, 2015, by and among Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership ("Developer"), the ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation ("AEDC"), and the ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation ("ACDC," and together with AEDC, the "Anna Corporations"). Capitalized terms not otherwise defined in this Estoppel Certificate shall have the meaning ascribed thereto in the Incentive Agreement. Ladies/Gentlemen: The Anna Corporations understand that (i) Developer is the owner of the property described on Exhibit A (the "Developer Property"), and (ii) INDEPENDENT BANK ("Lender"), has made or will make a loan (the "Loan") to Developer, secured by a Deed of Trust (the "Mortgage") on the Developer Property. (The Mortgage, together with any and all papers now or hereafter governing, evidencing, guaranteeing or securing or otherwise relating to payment of all or any part of the Loan, are hereinafter referred to collectively as the "Loan Documents".) The Developer Property is a portion of the Property described in the Incentive Agreement. The Anna Corporations have been advised that on June 1, 2015, the Developer closed on the sale of the Walmart Property (the "Walmart Property Sale") to WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Wal-Mart RE Trust"), as evidenced by that certain General Warranty Deed to Wal-Mart RE Trust dated June 1, 2015, executed by Developer and filed of record on June 2, 2015 in the Official Public Records of Collin County, Texas as Instrument No. 20150602000647410, a copy of which is attached hereto as Exhibit B ("Walmart Prope Deed"). The Anna Corporations have further been advised that the 1.809 acre tract of ]and described in Exhibit I to the Incentive Agreement was conveyed to the City (the "Water Tower Site Conveyance") pursuant to that certain Deed of Dedication of Land for Public Use dated June 16, 2015, executed by Developer and filed of record on June 23, 2015 in the Official Public Records of Collin County, Texas as Instrument No. 20150623000757290, a copy of which is attached hereto as Exhibit C (the "Water Tower Site Deed"). As a condition to making the Loan, Lender has requested that the Anna Corporations certify as to certain matters contained in the Incentive Agreement. Accordingly, each of the Anna Corporations hereby states and certifies to Lender the following matters as they relate to the Incentive Agreement as of the date hereof. I . A true, correct, and complete copy of the Incentive Agreement is attached hereto as Exhibit D. 2. There exists no uncured default or breach in the performance of obligations of any of the parties to the Incentive Agreement. 3, The Incentive Agreement constitutes the entire agreement of the Anna Corporations and Developer with respect to payment of Project Funds, and there are no other agreements or understandings, verbal or written, that affect the rights and liabilities of the Anna Corporation or Developer to one another with respect to the Incentive Agreement or the Project Funds. ESTOPPEL CERTIFICATE- INCENTIVE AGREEi1'IENT POR NEW ECONOMIC DEVELOPMENT- PAGE 1 4. Subject to the terms of Section 5 of the Incentive Agreement, the Combined Maximum Amount of payments to Developer will total $2,934,000.00. 5. The Walmart Property Sale satisfies the condition to effectiveness of the Incentive Agreement included in Section I thereof that requires that Developer close the sale of the Walmart Property to Wal-Mart Stores, Inc. by June 15, 2015. G. All conditions to the effectiveness of the Incentive Agreement described in Section 1 thereof have been satisfied, and the Incentive Agreement is unmodified and is in full force and effect. 7. The Anna Corporations will not seek to terminate the Incentive Agreement pursuant to Section 2.02(c) thereof solely due to the sale by the Developer of the Walmart Property to Wal-Mart RE Trust rather than to Walmart Stores, Inc. Notwithstanding the foregoing, all other termination rights set forth in Section 2.02 of the Incentive Agreement remain in full force and effect. 8. The Water• Tower Site Conveyance satisfies Section 4.04(b) of the Incentive Agreement. 9. The collateral assignment of the Incentive Agreement by Developer to Lender shall not constitute a default under the terms of the Incentive Agreement, and this Estoppel Certificate shall constitute notice to the Anna Corporations of such assignment. 10. In the event that either or both of the Anna Corporations delivers to Developer any notice of default pursuant to Section 8.08 of the Incentive Agreement, the party or parties delivering such notice of default shall contemporaneously therewith, and in accordance with Section 8.13 of the Incentive Agreement, deliver a copy of such notice to Lender at the address to which this Estoppel Certificate is addressed, and Lender shall have the right, but not the obligation to cure such default during the Cure Period. In the event Lender or its successors or assigns succeeds to (i) Developer's interest in the Property pursuant to Lender's rights under the Loan Documents, and (ii) Lender exercises its rights to succeed to the interest of Developer under the Incentive Agreement, then from and after the date on which Lender succeeds to Developer's interest in the Property, the Anna Corporations and Lender shall be bound in accordance with all of the terms, covenants and conditions of the Incentive Agreement for the balance of the term thereof with the same force and effect as if Lender were the Developer under the Incentive Agreement. IREMAIND);R Or PAGE IS INTENTIONALLY BLANK -SIGNATURES APPEAR ON NEST PAGE.] ESTOPPEL CERTIFICATE- INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT- PAGE 2 IIN WITNESS WHEREOF, the undersigned have executed this Estoppel Certificate on the dates set out below to be effective as of the date first above written. ACDC: ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation Name: Title: Date of Execution: AEDC: ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation Name: Title: Date of Execution: ESTOPPEL CERTIFICATE- INCENTIVE AGREEMENT POR NEw ECONOMIC DEVELOPMENT- SIGNATURE PAGE 2015 2015 ESTOPPEL CERTIFICATE JOINDER (CITY OF ANNA, TEXAS) The City of Anna, a Texas municipal corporation, joins for the sole purposes of acknowledging and agreeing that: (a) The City will not seek to terminate the Incentive Agreement pursuant to Section 2.02(c) thereof solely due to the sale by the Developer of the Walmart Property to Wal-Mart RE Trust rather than to Walmart Stores, Inc. Notwithstanding the foregoing, all other termination rights set forth in Section 2.02 of the Incentive Agreement remain in full force and effect; and (b) In the event the City delivers to Developer any notice of default pursuant to Section 8.08 of the Incentive Agreement, the City shall contemporaneously therewith, and in accordance with Section 8.13 of the Incentive Agreement, deliver a copy of such notice to Lender at the address to which the Estoppel Certificate is addressed, and Lender shall have the right, but not the obligation to cure such default during the Cure Period. In the event Lender or its successors or assigns succeeds to (i) Developer's interest in the Property pursuant to Lender's rights under the Loan Documents, and (ii) Lender exercises its rights to succeed to the interest of Developer under the Incentive Agreement, then from and after the date on which Lender succeeds to Developer's interest in the Property, the City shall recognize such succession and agrees that the Anna Corporations and Lender shall be bound in accordance with all of the terms, covenants and conditions of the Incentive Agreement for the balance of the term thereof with the same force and effect as if Lender were the Developer under the Incentive Agreement. CITY OF ANNA, a Texas municipal corporation By: Name: Mike Crist Title: Mayor Date of Execution: , 2015 Attest: Name: Mirenda McQuagge-Walden Title: [Acting] City Secretary ESTOPPEL CERTIFICATE- INCENTIVE AGREEMENT FOR NEW ECONO1,rIC DEVELOPMENT- SIGNATURE PAGE Exhibit A Legal Desci iption TRACTI BEING a tract of land situated in the W.S. Ratton Survey, Abstract No. 7525 the Thomas Ratton Survey, Abstract No. 782, and the F.T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for the northwest corner of said 107.52 acre tract, common to the southwest corner of a tract of land described as Tract 7 in the deed to MJLA Adams, LTD., recorded in Instrument No. 20110505000462590, said Real Property Records, and on the easterly right -of --way line of U.S. Highway 75; THENCE North 89°18'S3" East, departing the easterly right -of --way line of U.S. Highway 75, along the northerly line of said 107.52 acre tract, and along the southerly line of said Tract 7, passing en route at a distance of 43.02 feet a TxDOT Aluminum right-of-way marker found for witness on the future easterly right -of --way line of U.S. Highway 75 per Notice of Lis Pendens recorded in Instrument No. 20150331000350710, said Real Property Records, and continuing on said course a total distance of 965.84 feet to a 3/8 inch iron rod found for corner on the westerly line of a called 50.53 acre tract of land described in the deed to Two-J Partners, LLLP, recorded in Instrument No. 20080509000562500, said Real Property Records; THENCE South 0028148" West, along the easterly line of said 107.52 acre tract, and along the westerly line of said 50.53 acre tract, a distance of 1549.17 feet to a wooden post found for• corner at the southwest corner of said 50.53 acre tract; THENCE South 89°20'45" East, along the southerly line of said 50.53 acre tract, a distance of 165.07 feet to a 3/8 inch iron rod found for the eastern -most northeast corner of said 107.52 acre tract, common to the northwest corner of Creekside Phase 3, an addition to the City of Anna, according to the plat thereof recorded in Cabinet P, page 623, Plat Records of Collin County, Texas; THENCE South 0013'51" West, along the easterly line of said 107.52 acre tract, and along the westerly line of said Creekside Phase 35 and Creekside Phase 2, an addition to the City of Anna, according to the plat thereof recorded in Cabinet P, Page 60, said Plat Records, a distance of 2412.19 feet to a point for corner on the northerly right-of-way line of F.M. 455, from which a 1/2 inch iron rod found for witness bears North 00°14' East, a distance of 0.36 feet; THENCE along the southerly line of said 107.52 acre tract, and along the northerly right -of --way line of F.M. 4555 the following three (3) courses: 1. North 79°25'49" West, a distance of 46.42 feet to a Brass TxDOT monument found for corner; 2. North 86°53'28" West, a distance of 211.81 feet to a 1/2 inch iron rod found for corner; 3. South 88002'21 " West, a distance of 144.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE departing the northerly right -of --way line of F.M. 455, and crossing said 107.52 acre tract, the following ten (10) courses: 1. North 1056'25" West, a distance of 110.88 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner at the beginning of a tangent curve to the left having a central angle of 11°59'S8", a radius of 244.00 feet, a chord bearing and distance ofNor•th 7°56'24" West, 51.01 feet; E%HIE3IT A - PAGe I 2. In a northwesterly direction, with said curve to the left, an arc distance of 51.10 feet to a 5/8 net, iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 3. North 20°1T15 East, a distance of 62.23 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non -tangent curve to the left having a central angle of 56°24'11 ", a radius of 395.00 feet, a chord bearing and distance of North 28°25'52" East, 373.33 feet; 4. In a northeasterly direction, with said curve to the left, an arc distance of 388.85 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 5. North 0°13'47" East, a distance of S 15.80 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 6. North 89°46'13" West, passing en route at a distance of 60.00 feet a 5/8 inch iron rod with plastic cap stamped "KHA" set for witness at the northeast corner of a called 18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records, and continuing on said course along the northerly line of said 18.551 acre tract, a total distance of 1011.02 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 7. South 0°13'47" West, continuing along the northerly line of said 18.551 acre tract, a distance of 13.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 8. North 89°46'13" West, continuing along the northerly line of said 18.551 acre tract, a distance of 229.49 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner on the aforesaid future easterly right -of --way line of U.S. Highway 75 at the westerly -most northwest corner of said 18.551 acre tract; 9. South 070361S6" West, along the said future easterly right -of --way line of U.S. Highway 75, and along the westerly line of said 18.551 acre tract, a distance of 50.92 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 10. North 89046113" West, a distance of 39.78 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner on the easterly right -of --way line of U.S. Highway 75; THENCE along the westerly line of said 107.52 acre tract, and along the easterly right -of --way line of U.S. Highway 75, the following five (5) courses: 1. North 7°36'50" East, a distance of 597.15 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 2. North 6°10'54" East, a distance of 200.06 feet to a 5/8 inch iron rod with plastic cap found for corner; 3. North 7°36'50" East, a distance of 1400.00 feet to a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for corner; 4. North 5°27'50" East, a distance of 400.28 feet to a TxDOT Aluminum right -of --way marker found for corner, from which a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for witness bears North 89°29East, a distance of 2.74 feet; 5. North 10°28'35" East, a distance of 360.20 feet to the POINT OF BEGINNING and containing 87.731 acres (3,821,554 square feet) of land, more or less. LESS AND EXCEPT a called 1.809 acre tract of land dedicated and conveyed to City of Anna, Texas, by Deed of Dedication of Land for Public Use, recorded in Instrument No. 20150623000757290, said Real Property Records, and being described as follows: EXHIBIT A -PAGE 2 BEING a tract of land out of the W.S. Batton Survey, Abstract No. 152 in the City of Anna, Collin County, Texas, being part of a called 107.52 acre tract of land described in Special Warranty Deed with Vendor's Lien to Q Seminole Anna Town Center, L.P. recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with "Geer 4117 cap found for corner in the east right -of --way line of U.S. Highway 75 (variable width right-of-way) for the northwest corner of said 107.52 acre tract and the southwest corner of a tract of land described in Special Warranty Deed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462590, said Real Property Records; THENCE with the north line of said 107.52 acre tract, North 89°18'S3" East, a distance of 965.84 feet to a 3/8 inch iron rod found for corner in the west line of a tract of land described in Quitclaim Deed to Two-J Properties recorded in Instrument No. 20080509000562500, said Real Property Records; THENCE with the west line of said Two-J Properties tract, South 0°28'48" West, a distance of 754.81 feet to a point for cornet; THENCE leaving the west line of said Two-J Properties tract, North 89°20'S9" West, a distance of 56.08 feet to a 5/8" iron rod with "KHA" cap set at the POINT OF BEGINNING; THENCE the following seven (7) courses: 1. South 41°04'19" East, a distance of 33.28 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a non -tangent curve to the right having a central angle of 38°1154", a radius of 335.00 feet, a chord bearing and distance of South 28°26'36" West, 219.23 feet; 2. In a southwesterly direction, with said curve to the right, an arc distance of 223.34 feet to a 5/8" iron rod with "KHA" cap set at the end of said curve; 3. South 47032133" West, a distance of 121.98 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a tangent curve to the left having a central angle of 3°39S4"5 a radius of 395.00 feet, a chord beating and distance of South 45142'36" West, 25.26 feet; 4. In a southwesterly direction, with said curve to the left, an arc distance of 25.27 feet to a 5/8" iron r•od with "KI-IA" cap set at the end of said curve; fi•om said point a wood post found foI• the southwest corner of said Two-J Properties tract bears South 26042'25" East, a distance of 534.13 feet; 5. North 46°07'22" West, a distance of 189.00 feet to a 5/8" iron rod with "KHA" cap set for corner; 6. North 0039'01" East, a distance of 190.53 feet to a 5/8" iron rod with "KHA" cap set for cornet; from said point the 1/2" iron rod with "Geer 4117" cap found at the northwest corner of said 107.52 acre tract bears North 38°03'57" West, a distance of 938.53 feet; 7. South 89020'59" East, a distance of 324.73 feet to the POINT OF BEGINNING and containing 1.809 acres (78,792 square feet) of land, more or less. LEAVING A NET ACREAGE of 85.922 acres (3,742,762 square feet) of land, more or less. TRACT 2 BEING a tract of land situated in the Thomas Batton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and a ExHIBIT A -PAGE 3 portion of a called 790 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real property Records, and being more particularly described as follows: BEGINNING at an aluminum TxDOT right -of --way monument found at the northwest corner of a called 0.006 acre tract of land described in the deed to State of Texas, recorded in Instrument No. 20111117001250980, said Real Property Records, common to the northeast corner of a called 0.007 acre tract of land described in the deed to State of Texas, recorded in Instrument No. 20120723000890530, said Real Property Records, common to the southeast corner of Lot 1, Block 1, CVS Anna Addition, and addition to the City of Anna according to the plat thereof recorded in Volume 2014, Page 276, Plat Records of Collin County, Texas, and on the northerly right -of --way line of F.M. 455 (White Road); THENCE departing the northerly right -of --way line of said F.M. 455 and crossing said 107.52 acre tract and said 7.90 acre tract, along the easterly and northerly lines of said Lot 1, Block 1, CVS Anna Addition, the following three (3) courses: 1. North 1°00'23" West, a distance of 189.47 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 2. South 87°10'40" West, a distance of 384.26 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 3. South 56°53'34" West, a distance of 91.77 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for the southwest corner of said 7.90 acre tract, common to the northwest corner of said Lot 1, Block 1, CVS Anna Addition, and on the easterly right -of --way line of U.S. Highway 75, from which an aluminum TxDot right-of-way monument found for witness bears South 33°05'36" East a distance of 42.59 feet THENCE North 33°OS136" West, along the westerly line of said 7.90 acre tract and along the easterly right -of --way line of U.S. Highway 75, passing en route at a distance of 19.67 feet a 1/2 inch iron rod with plastic cap stamped "WIA" found for witness, and continuing on said course a total distance of 142.58 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the westerly -most southwest corner of a called 18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records; THENCE departing the easterly right -of --way line of U.S. Highway 75, and crossing said 7.90 acre tract along the southerly line of said 18.551 acre tract, the following six (6) courses: 1. North 57°34'17" East, a distance of 151.77 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the left having a central angle of 4°31'07", a radius of 546.50 feet, a chord bearing and distance of North 55'18'44" East, 43.09 feet; 2. In a northeasterly direction, along said curve to the left, an are distance of 43.10 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner at the end of said curve; 3. North 53°03'11" East, a distance of 99.23 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner at the beginning of anon -tangent curve to the left having a central angle of 45°24'44", a radius of 360.50 feet, a chord bearing and distance of South 67°03'51" East, 278.31 feet; 4. In a southeasterly direction, along said curve to the left, an arc distance of 285.73 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner at the end of said curve; 5. South 89°46'13" East, a distance of 215.11 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; 6. South 1 °56'25" East, a distance of 287.52 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner on the southerly line of said 107.52 acre tract and on the northerly right -of --way line of said F.M. E.\'HIBIT A -PAGE 4 455 and from which a 1/2 inch iron rod with plastic cap stamped "LEER 4117" found for witness bears North 88°02'21" East a distance of 1.24 feet; THENCE South 85°33'O1" West, along the southerly line of said 107.52 acre tract and along the northerly right-of- way line of said F.M. 455, a distance of 97.56 feet to a point for corner at the east corner of said 0.006 acre tract, and at the beginning of a non -tangent curve to the left having a central angle of 0°57'40", a radius of 5060.00 feet, a chord bearing and distance of South 89°13'04" West, 84.89 feet; THENCE in a southwesterly direction, continuing along the southerly line of said 107.52 acre tract and the northerly right -of --way line of said F.M. 455 and along the northerly line of said 0.006 acre tract, and with said curve to the left, an arc distance of 84.89 feet to the POINT OF BEGINNING and containing 3.040 acres (132,439 square feet) of land, more or less. TRACT 3 BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and a portion of a called 7.90 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real property Records, and being more particularly described as follows: BEGINNING at a point on the westerly line of said 107.52 acre tract and on the easterly right -of --way line of U.S. Highway 75, from which a 1/2 inch iron rod with plastic cap stamped "GEER 4117 found at the northwest corner of said 107.52 acre tract bears North 07°36'50" East a distance of 597.15 feet, North 06°10'54" East a distance of 200.06 feet, North 07°36'50" East a distance of 1400.00 feet, North 05°27'50" East a distance of 400.28 feet and North 10°28'35" East a distance of 360.20 feet; THENCE South 89046113" East, departing the easterly right -of --way line of U.S. Highway 75 and crossing said 107.52 acre tract, passing en route at a distance of 39.78 feet a 5/8 inch iron rod with plastic cap stamped "KIIA" set for witness at the northerly -most southwest corner of a called 18.551 acre tract of land described in the deed to Wal- Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records, and on the future easterly right -of --way line of U.S. Highway 75 per Notice of Lis Pendens recorded in Instrument No. 20150331000350710, said Real Property Records, and continuing on said course along the westerly line of said 18.551 acre tract, a total distance of 247.31 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE continuing across said 107.52 acre tract the following five (5) courses: 1. South 0°13'47" West, a distance of 363.50 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the left having a central angle of 35°30'28", a radius of 360.50 feet, a chord bearing and distance of South 17°31'27" East, 219.85 feet; 2. In a southeasterly direction, along said curve to the left, an arc distance of 223.41 feet to a 5/8 inch iron rod with plastic cap stamped "ICIIA" set for corner at the end of said curve; 3. South 53°03'11" West, a distance of 96.37 feet to a 5/8 inch iron rod with plastic cap stamped "KI-IA" set for corner at the beginning of a tangent curve to the right having a central angle of 4031107", a radius of 489.50 feet, a chord bearing and distance of South 55°1844" West, 38.59 feet; 4. In a southwesterly direction, along said curve to the right, an arc distance of 38.60 feet a 5/8 inch iron rod with plastic cap stamped "I{HA" set for corner at the end of said curve; E.t'HIBIT A -PAGE 5 5. South 57°34'1 / West, a distance of 152.43 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner on the westerly line of said 7.90 acre tract and on the easterly right-of-way line of U.S. Highway 75; THENCE North 33°OS'36" West, along the westerly line of said 7.90 acre tract and along the easterly right -of --way line of U.S. Highway 75, passing en route at a distance of 61.29 feet the aforesaid future easterly right-of-way line of U.S. Highway 75, witnessed by a TxDOT Aluminum right -of --way marker found for witness which bears South 03°55' East, a distance of 2.7 feet, and continuing on said course a total distance of 155.43 feet to a 5/8 inch iron rod with plastic cap stamped "ICHA" set for corner; THENCE North 06°31' 14" West, continuing along the westerly line of said 7.90 acre tract and the easterly right-of- way line of U.S. Highway 75, passing en route at a distance of 67.44 feet a 5/8 inch iron rod with plastic cap stamped "RPLS 5199" found for witness, and continuing on said course a total distance of 205.30 feet to a point for corner from which a 5/8 inch iron rod found for witness bears North 71 °51' East, a distance of 0.35 feet; THENCE North O1°54'12" East, continuing along the westerly line of said 7.90 acre tract and the easterly right-of- way line of U.S. Highway 75, a distance of 200.62 feet to a point for corner from which a 5/8 inch iron rod found for witness bears North 29°32' East, a distance of 0.32 feet; THENCE North 07°36'S0" East, continuing along the westerly line of said 107.52 acre tract and the easterly right- of-way line of U.S. Highway 75 a distance of 202.85 feet to the POINT OF BEGINNING and containing 4.287 acres (186,763 square feet) of land, more or less. EYHIQIT A — PAce 6 Exhibit B Walmart Prot! OL Deed EXHIBIT B -COVER PAGE Exhibit C Water Tower Site Deed EXHIBIT C -COVER PAGE 1 xhWit D Incentive Agreement EXHIBIT D -COVER PAGE THIS INSTRUMENT PREPARE BY AND WHEN RECORDED RETURN To: J. Cliff McKinney, Esq. QUA[TLEBAUM, GROOMS & TULL PLLC l I l Center Street, Suite 1900 Little Rock, Arkansas 72201 501-3794725 20150602000647410 06/02/2015 11046:57 AM Dl 1/9 Anna, Texas (Store # 6963-00) NOTICE OF CONFIDENTIALITY RIGHTS: IF, YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR' . STRIKE% ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. VL' 1\L` 1�['1L ♦1 tfl�l�t'fl� a 1 Ll�a'Jll THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § THAT Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership; with an address of 5956 Sherry Lane, Suite 1250, Dallas, Texas 752254089 ("Grantor"), for an in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, with an address of 2001 SE 10th Street, Mail Stop 0550, Bentonville, Arkansas 72716-0550 ("Grantee"), the receipt whereof is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, CONVEY AND ASSIGN unto Grantee, and its successors and assigns, a certain tract of land situated, dying, and being in the City of Anna, County of Collin, State of Texas, as more particularly described on Exhibit 1 attached hereto and made a part hereof, including all improvements thereon and all oil, gas and mineral rights owned by Grantor in the property (the "Property"), subject, however, to those matters more particularly described in Exhibit 2 attached hereto and made a part hereof for all purposes (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property unto Grantee, and its successors and assigns, forever, subject to the Permitted Exceptions, with all tenements, appurtenances and hereditaments thereunto belonging. VllG��n.TMC io38o0a5r#7V AND SAID GRANTOR does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns against the lawful claims of all persons claiming the same. [Remainder of the page left intentionally blank — Signature page follows] IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and effective as of the _L day of &pr utl, 2015. tnc. STATE OF TEXAS COUNTY OF COLLIN liability company, as � limited partnership. o was acxnr� eneral'Partt My Commission Expires: (SEAL) LAURA S. RICKMAN Notary Pubk STATE OF TEXAS My Comm. Eup. Oct. 30, 2015 GRANTOR: Q SEMINONLE ANNA TOWN CENTER, L.P., a Texas limited partnership By: ANNA TC GP, LLC, a liability compat By: Name: ged before me on tht�� day of May, 2015, by �` of Anna TC GP, LLC, a Texas limited of Q Seminole Anna Town Center, L.P., a Texas Notary Public in and for the State of Texas EXHIBIT 1 [Legal Description] BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, and the W.S. Ratton Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q;Sem'mole Anna,\ Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property did Records of Collin County, Texas, and a portion of a called 7.90,acre tract of land, did, died described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real Property Records, and being more; particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap -stamped' with " HA" set in the southerly line of said 107.52 acre tract and in the 'northerly line of F.M. 455 (White Road), from which the southeast corner of said:107.52 acre tract bears North 88°02'21" Elid ast a distance of 240.37 feet, South 86°53'28"'East a distance of 211.81 feet, and South 79025'49" East a distance of 204.98 feet, `said southeast corner of said 107.52 acre tract being monumented by a 1/2 inch iron_ .rodthat bears North"00014' East a distance of 0.36 feet; THENCE South 88°02'21" West along the southerly line of said 107.52 acre tract and along the northerly right-of-way line of. F.M. 455, a distance of 169.65 feet to 1/2 inch iron rod with plastic cap stamped ER;41117" found for corner;I did THENCE South. 85°33'Ot"..West, continuing along the southerly line of said 107.52 acre tract and along the nor.,* VA my Yit h! -way line of F.M. 455, a distance of 1.24 feet to a 5/8 inch iron rodIwith plastic dap stamped with "KHA" set for corner, from which an aluminum TxDOT right -of way monument found at the southern -most southwest corner of said l..07.52 aerc tract,�common to the southeast corner of said 4.10 acre tract, bears did South 87°15.'24" Westa distance of 182.35 feet; THENCE North'1°56'25" West, departing the southerly line of said 107.52 acre tract and the northerly right -of --way line of F.M. 455, a distance of 287.52 feet to a 5/8 inch iron prod with;plastic cap stamped with "KHA" set for corner; THENCE North 89046'13" West, continuing across said 107.52 acre tract, passing a westerly line of said 107.52 acre tract and the easterly line of said 7.90 acre tract, a total - distance of 215.11 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the beginning of a tangent curve to the right having a central angle of 45°2444", a radius of 360.50 feet, a chord bearing and distance of North 67°03'51" West, 278.31 feet; THENCE in a northwesterly direction, with said curve to the right ,continuing across said 7.90 acre tract, a total arc distance of 285.73 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the end of said curve; THENCE South 53°03' 11" West, continuing across said 7.90 acre tract, a distance of 99.23 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the right having a central angle of 0491'07", a radius of 546.50 feet, a chord bearing a distance of South 55°18'44" West, 43.09 feet; THENCE in a southwesterly direction, continuing across said 7.90 acre tr curve to the right, an arc distance of 43.10 feet to a 5/8 inch iron rod with j stamped "KHA" set for corner at the end of said curve; THENCE South 57°34'17" West, continuing across said 7.90 a 151.77 feet to a 5/8 inch iron rod with plastic cap stamped with the westerly line of said 7.90 acre tract, and on the easterly nigh Highway 75, from which an aluminum TxDOT right=of N ay%m point in said right -of --way line bears South 33005'36" East a dic THENCE North 33°OS'36" West, along the easterly right -of --way line of U.S. Hij iron rod with plastic cap stamped with ": rod found at the northwest corner of saic southwest corner of said 107.52 'acre trac 155.43 feet, North 06131' 14" West a dis distance of 96.68 feet, and 'Sorth 85°40' Cre tract,, a set for comer in line of U.S. found at an angle 185.18 feet; t, b the westerly line of1said 7.90 acre tract and along ;hway75 a distance of 57.00 feet to a 5/8 inch BHA" set�for corner, from which a 1/2 inch iron 7.90 acre tract, common to the western -most ears.North 33005136" West a distance of :ance of 205.30 feet, North 01 °54' 12" East a West a distance of 0.59 feet; THENCE North 57634'17" East; departing the westerly line of said 7.90 acre tract and the easterly right-©f-way line`of U.S. Highway 75, a distance of 152.43 feet to a 5/8 inch iron rod with,`lastic cap starriped;"KHA" set for comer at the beginning of a tangent curve to thei'l,ft having'a cientraldangle of 0491'07", a radius of 489.50 feet, a chord bearing;and'distance of North 5598'44" East, 38.59 feet; THENCE:in, a rortlieasterly direction, with said curve to the left, continuing across said 7.90 acre-traef;,an arc distance of 38.60 feet to a 5/8 inch iron rod with plastic cap stamped "KHA''set for corner at the end of said curve; THENCE;North 53103' 11" East, continuing across said 7.90 acre tract, a distance of 95;�7 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the beginning of a non -tangent curve to the right having a central angle of 35°30'28", a radius of 360.50 feet, a chord bearing and distance of North 17131'27" West, 219.85 feet; THENCE in a northwesterly direction, continuing across said 7.90 acre tract, and with said curve to the right, a total arc distance of 223.41 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the end of said curve; THENCE North 0° 13'47" East, continuing across said 7.90 acre tract and crossing the northerly line of said 7.90 acre tract and a southerly line of said I07.52 acre tract, a total distance of 363.50 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE North 89°46'13" West, continuing across said 107.52 acre tract, a distance of 207.53 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner on the proposed easterly right -of --way line of U.S. Highway 75 according to THENCE North 7136'50" East, continuing across said 107.52 proposed easterly right -of --way line of U.S. Highway 75, a dist inch iron rod with plastic cap stamped with "KHA" set for cor iron rod with plastic cap stamped "GEER 4117" found atthe'.n 107.52 acre tract, bears North 89°46' 13" West a distance of 31 otice Tong laid .92 feet to a 5/8 wich a % inch orner of said North 10028'35" East a distance of 546.22 feet, North 06°10'S4"; East a distance of 200.06 feet, North 07°36'50" a distance of 1400.00 feet, North 05°27'50" Easf a distance of 400.28 feet, and North 10°28'35" East a distance of 360.20 feet;, THENCE South 89146'13" East, departing said proposed easterly right-of-way line of U.S. Highway 75, continuing across said 107.52 acre tract, a distance of 229.49 feet to a 5/8 inch iron rod with plastic' cap,stamped with `sKHA" set for corner; THENCE North 0°13147" East, continuing across said 107.52 acre tract, a distance of 13.00 feet, to a 5/8 inch iron rod'with plastic cap stamped with "KHA" set for corner; THENCE South 89°46'1,3"Ea st,,;aontinuing across said 107.52 acre tract, a distance of 951.02 feet,'to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE SbuthA013'47h' West, continuing across said 107.52 acre tract, a distance of 515.80 feet, to a 5/8 inch' iron rod with plastic cap stamped with "KHA" set for corner at the beginning;gf a tangent curve to the right having a central angle of 6011 T02", a radius of %335.00 feet a" chord bearing and distance of South 30022'17" West, 336.44 feet; HENCE/ in a southwesterly direction, continuing across said 107.52 acre tract, with saE� cure to the right, an arc distance of 352.47 feet to a 5/8 inch iron rod with plastic cap ;stamped with "KHA" set for comer at the end of said curve; - THENCE South 60°33'48" West, continuing across said 107.52 acre tract, a distance of 6.34 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE North 79°55' 16" West, continuing across said 107.52 acre tract, a distance of 30.84 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE South 49°37'03" West, continuing across said 107.52 acre tract, a distance of 69.97 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the beginning of anon -tangent curve to the right having a central angle of 09°04'37", a radius of 179.50 feet, a chord bearing and distance of South 35150'39" East, 28.41 feet; THENCE in a southeasterly direction, continuing across said 107.52 acre tract, with said curve to the right, an arc distance of 28.44 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the beginning of a compound curve to the right having a central angle of 29°21'56", a radius of 90.00 feet, a chord bearing.and distance of South 16137'23" East, 45.62 feet; THE, in a southeasterly direction, continuing across said 1 QT.52.acre tract; with said compound curve to the right, an arc distance of 46.13 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE South 01 °56'25" East, continuing across said 101' .,5,2 acreAract, a distance of 151.55 feet to the POINT OF BEGINNING an'dcontaining"418:5551 "acres (808,092 square feet) of land, more or less. IN del IIN IN Ad le dm IN IN I IN i EXHIBIT 2 [Permitted Exceptions] 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Clerk's File No, 20131121001568280 and CECR") heal Property Records, Collin County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3807 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. Ilk Ilk 10. The following matters and all terms of the documents creating or offering eVidenO of the matters (We must insert matters or delete this exception.): `/ ii, Ilk a. Rights of tenants in possession, as tenants only, un er�unrecorded lease agreements. (Owner Policy Only) TO BE DELETED UPON RECEIPT OF EXECUTED SELLER AFFIDAVIT b. INTENTIONALLY DELETED. c. All leases, grants, exceptions or resen!atlons of coal lignite, oli, gas and other minerais, together with all rights, privileges, and immunfttes-relating thereto, appearing in the Public Records whether listed In Schedule-B or not. There may be leases, grants, exceptions or reservations of mineral interest that are notiisted. d. INTENTIONALLY DELETED.I Ilk ., ' e. INTENTIONALLY DELETED. f. White Road Fire Lane, Utilityand Access Easement Agreement executed by Q Seminole Anna Town Center, L. PA Seminole Anna 6, Ltd, and Seminole Anna 4, Ltd., dated September -23; -2013, filed October 4, 2013, recorded In/under Clerk's File No. 20131004001385980.of the keai,Property Records, Collin County, Texas. Reference Is hereby made to said i4ocument for full particulars, as shown on survey dated December 5, 2014, last revised March 10; Y015, prepared by Michael B. Marx R.P.L.S. No. 5181. g.; miennonauy aeieceg� ) h. Highway 75 Easement Agreement executed by Seminole Anna 6, Ltd., a Texas Iimltad partnership, recorded November 21, 2013 infunder Clerk's File No. 20131121001568290 of the Real Property Records, Collin County, Texas, as shown on survey dated December 5, 26141 last revised March 10, 2015, prepared by Michael B. Marx R.P.L.S. No. 5181. i. Ring Road Easement Agreement executed by Seminole Anna 6, Ltd., a Texas limited partnership and Seminole Anna 4, Ltd., a Texas limited partnership, recorded on November 21, 2013 infunder Clerk's File No. 20131121001568300, Real Property Records of Collin \ County, Texas, as shown on survey dated December 5, 2014, last revised March 10, 2015, prepared by Michael B. Marx R.P.L.S. No. 6181. J. Interest in and to all coalI lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated November 22, 2013, recorded November 25, 2013 at Clerk's File No. 20131126001677660 of the Official Records of Collin County, Texas, which document contains the following "Grantor expressly waives the right to enter upon or otherwise utilize all or any portion of the surface of the Property or any area below the surface of the Property at a depth of less than 500 feet (the "Minimum Depth") In Grantor's exploration, drilling, production or marketing of oil, gas and other minerals or otherwise; provided, however, Grantor's reservation of the minerals shall include the right to produce oil, gas and other minerals in and under the Property below the Minimum Depth but only by directional drilling from lands other than the Property or by horizontal drilling, pooling or other techniques (whether presently known or later developed) which do not require entry or use of the surface of the Property or any area below the surface of the Property above the, Minimum Depth. Grantor will be solely responsible for, and Grantor agrees to indemnify, protect, defend and hold Grantee and its successors and assigns hatmiess from and against, any damage to the Property and any improvements from timeto time)ocated thereon caused by any exploration, drilling or production of oil, gas and'other minerals attributable, directly or indirectly, to Grantor's reservation of such minerals." Reference to which Instrument is here made for particulars. No further searchof title (Ias been made as to the Interest(s) evidenced by this instrument, and the Gompany�makes no representation as to the ownership or holder of such interest(s). k- INTENTIONALLY DELETED. I. INTENTIONALLY DELETED. m. Easements with Covenants and Mart Real Estate Business Tnisl Center, L.P., a Texas limited par under Clerk's File No. County, Texas. , Affecting Land ("ECR'7, by and between Wal- statutpry trust and Q Seminole Anna Town ad ;May_, 2015, recorded on May. 2015, of the Real Property Records of Collin Piled and Recorded Official Yub6c Records � Slacep Kemp, Connly Clerk co Collin Counh, TEXAS OGJ02R015 11:46:57 A11 �= 554.00 BA'INCEIVT 20150602000647410 01503:228o111oI 116 DEEb OF DEDICATION OF LAND FOR PUBLIC USE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THAT Q SEMINOLE ANNA TOWN CENTER, L.P., ("Grantor"), as a cieciicationI donation and gift to CITY OF ANNA, TEXAS, a Texas municipal corporation ("Grantee"), whose address is 101 N. Powell Parkway, 75049, Anna, Collin County, Texas, has DEDICATED and CONVEYED, and by these presents does DEDICATE and CONVEY unto Grantee for the public use as water utility site and for all public purposes, a 1.809 acre portion of that certain tract of real property situated in the W.S. Ratton survey, Abstract No. 752 in the City of Anna, Collin County, Texas, recorded in Instrument No. 20080128000100640, Official Public Records of Collin County, Texas, and said portion and tract more particularly described on Exhibit "A", which is attached hereto and made a part hereof for all purposes (the "Property). This conveyance is being made by Grantors and accepted by Grantee subject to: (a) all easements, restrictions, covenants, conditions and reservations affecting the Property; and (b) taxes for the current and subsequent years and subsequent assessments for prior years due to change in land use or ownership. TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and appurtenances thereto for public use belonging, to Grantee and Grantee's successors and assigns forever, Grantors do hereby bind themselves and their successors and assigns to warrant and forever defend, all and singular, the Property into Grantee and Grantee's st.►ccessors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, thr'ot.igh, or under Grantor, but not otherwise. jh EXECUTED effective as of the t clay of , 2015. Grantor: Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership By: ANNA TC GP, LLC, its general partner William H. DONATION DEED- Page 1 of 2 nderstraaten, its Manager State of Texas County of Collin Before rne, on this day personally appeared William H. Vandcrstraaten, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the sarne in his capacity as Manager of Anna TIC GP, LLC, general partner for Q Seminole Anna Town Center, L.P., for the purposes and consideration therein expressed. Given under my hand and seal of office this �day of /�— 2015. LAURA S, ftIQKMAN e Nolery Public STATE of TEXAS My Comm. Exp, Oct. 30, 2016 Grantee's Address: City of Anna 101 N. Powell Parkway Anna, Texas 75409 DONATION DEED- Pacde 2 of 2 V(C hp_ 0 1t V c Notary � State of Texas MJLA ADAMS, LTD. INST.N0.20110505000462690 O C O.P.R.C.C,T* ' N09°1063"E 9004' 5. 112' IRFC ^ ' 0 \\'OEER41ill CALLED 107.52 ACRES Q SEMINOLE ANNA TOWN CENTER, L.P. \sue INS14. NO. 20080120000100640 1n'Me \� O.P.R.C.C,T. 'GEER 4117' (N 04'29' E 2.4) \�\ I \\ I \\ \ 889020159"E ur 1aFc \ 324.73' 'GEER 4117' NO°39'01' E AdK 190051, NORTH r Ir r1 1 rr RAMEC SCALE IN FEET LEGEND 4 =CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 610" IRON ROD W/ "KFIA" CAP SET IRFC = IRON ROD W/CAP FOUND O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS NOTES All corners of vlator lank site area 5/6" Iron red v111h "f<HA" cap set unless olllenvise notDd. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), NDtlt1 American Datum of 1963. WATER TANK SITE W.S. RATTON SURVEY ABSTRACT NO. 752 CITY OF ANNA COLLIN COUNTY, TEXAS NOfl'20'Sfl'W 50.00' ml �I E VW � TWO•J PROPERTIES S� INST. N0. t"n 20080509000562.500 O.P.R.C.C.T. 33.20' P.O.B, 1.809 ACRES=30°11'54" 78,792 SQ.FT. R=335100' L=223.34' CB=S28°26'36"W C=2.19.23' 847032'33'W 121.96' \ R=395.OD' L=25.27' \ CB=S45°42'3f)'W \ C=25.26' \ \1`)s \ v1ooD rosr nn�le >>> Horn 12750 Medl orhal Sl'a 103 Tel. Ro.972)770-M) DaNs.Toxas 15251 FIRM N101 M5M Fax Noe 1972)2)}3020 Dg An My Chukedby bolo r' et to. Shee No, 1'=200' SlJ DM OCT 2014 064465500 20F2 I AST RAVED 101012014 0:20 P\1 LEr.AI_. DESCRIPTION 1.II09 ACRES aEiNG a tract of an out of the W.S. Batton Survey, Abstract No. 752 in the City of Anna, C011ln County, TOX1S, boing part of a called 107,62 acre tract of land described in Special Warranty Deed with Vendor's Lion to Q Seminolo Anna Town Center, L.P. recorded in Instrument No. 200801280001001340, Official Public Records of Collin County, Texas and being more particularly described as follows: CUMMt;NCING at a 1/2" Iron rod with "Geer 4117" cap found for corner in iho east right-ot way Iine of U.S. Highway 75 (variable width right•of-way) for the northwest corner of said 107.52 acro tract and tho southwest corner of a tract of land described in Special Warranty Deed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462.590, Official Public Records of Collin County, Texas; 'fhIENCE wilii the norlf� Iine of said 107.52 acro tract, North II9°1II'S3" East, a distance of 965.II4 feet to a 3/II" iron rod found for corner in the west line of a tract of land described in Quitclaim Deed to Two-J Properties recorded in Instrument No, 20080509000562600, Official Public Records of Collin County, Texas; TI-IENCC with the west Iine of said Two-J Properties tract, South 0°2t3'4t3" West, a distance of 754,II1 feet to a point for corner; Tt-IENCE leaving the west Iine of said Two-J Properties tract, North II9'20'S9" Wesf, a distance of 56.OII feet to a 5/II" Iron rod with "KHA" cap set at the POINT OF BEGINNING, THENCE the following courses and distances: South 41 004119" East, a distance of 33.?.II feet to �! G/II" iron rod with "i<HA" cap set at the beginning of a non -tangent curve to the right having a central angle of 3II°11'04", a radius of 335.00 feet, a chord bearing and distance of South 2II°206" West, 219.23 foot; In a southwesterly direction, with said curve to the right, an are distanco of 223.34 feet to a 5/II" iron rod with "KHA" cap set at the end of said curve; South 47032'33" West, a distance of 121.98 feet to a 5/II" iron rod with "KHA" cap sot at the beginning of a tangent curve to the left having a central angle of 3°39'54", a radius of 395,00 feet, a chord bearing and distance of South 45042'36" West, 25.26 feet; In a southwesterly direction, will) said curve to the left, an arc distance of 26.27 feet to a 5/II" iron rod with "KHA" cap set at tho end of said curve; from sold point a wood post found for the southwest corner of said Two-J Properties tract bears South 26042'25" East, a distance of 534.13 feet; North 46007'22" West, a distance of 169.00 feet to a 5/II" Iron rod with "KHA" cap set for corner; North 0039'01" East, a distance of 190,53 feet to a 5/II" iron rod with "KHA" cap set for corner; from said point the 1/2" iron rod with "Geer 4117" cap found at the northwest corner of said 107.52 acre tract bears North 36°03'57" West, a distance of 936,53 feet; South 89020'59" East, a distance of 324.73 feet to the POINT OF BEGINNING and containing 1,809 acres or 78,792 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. DANA BROWN REGISTERED PROFESSIONAL E, LAND SURVEYOR NO. 5336 12760 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimiey-mrn ho.co DANA BROWN A 5336 v;' '. q 1 0 8S1 p� SUR��y r - WA1F_R TANK SITE W.S. RATTON SURVEY ABSTRACT NO.752 CITY OF ANNA COLLIN COUNTY, TEXAS so o i4VO19614(I5500-Aill7A1'/AT(:RTAllif31IE.0V10 LAST SAVED I0190014 6:29 PO Box 776 Flled and Recorded Offtaial Publio Records S/aaey Kornp, County Clerk Collin County, TEXAS 06/23/20 M 03:27:20 PM .00 DLAIRD 20/60523000767290 is. CITY OF ANNA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes July 21, 2015 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Grade Crossing Maintenance Agreement with Dallas, Garland & Northeastern Railroad, Inc. SUMMARY: As part of the Anna Town Square/Anna Crossing development, the developer (SI<orburg Co.) is required to construct certain improvements to CR 422 (Finley Blvd.) including a new 4-lane at -grade crossing of the DART rail road line. As part of the license issued to the City to construct the at -grade crossing, the City is required to enter into a maintenance agreement with Dallas, Garland & Northeastern Railroad for the perpetual maintenance of the active warning signals and the pavement. DART has a "trackage rights" agreement with Dallas, Garland & Northeastern Railroad (DGNO) to operate and maintain this section of the railroad line. All new infrastructure constructed within the railroad right-of-way is subject to the terms of the DNGO maintenance agreement. The maintenance agreement provides for the following: 1. The SI<orburg Company shall be responsible for all costs associated with the initial construction of the railroad crossing and active warning signals. 2. Upon completion of the Crossing, the City will be responsible for maintenance of the street roadbed outside of the railway ties and the roadway up to the edge of the surface of the Crossing. 3. Upon completion of the Crossing, the Railway, at the City's expense, will be responsible for the maintenance of the crossing warning devices, equipment and all associated components of the Crossing's warning system. The City is required to pay to the Railway annually the actual cost of maintenance of the Crossing surface and warning devices. The annual cost of maintenance of the Crossing including the crossing surface, warning devices, including signs, flashing lights, bells and gates and all associated components is not estimated to exceed $4,000 for the first year of this Agreement. However, because the foregoing amount is an estimate based on the current charges, this amount may increase in subsequent years. In addition, the City will be responsible for the complete future replacement, should it become necessary, of said crossing surface and warning devices. 4. The Railway, at Railways expense, will be responsible for the maintenance of the surface of the Crossing as well as its trackbed and rail components, plus the highway roadbed, for the width of the rail ties within the area of the Crossing. STAFF RECOMMENDATION: Staff has negotiated for several months with both DART and the DGNO railroad regarding the terms of the maintenance agreement, and recommends approval of the attached resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A GRADE CROSSING MAINTENANCE AGREEMENT WITH DALLAS, GARLAND & NORTHEASTERN RAILROAD, INC. WHEREAS, he Dallas, Garland &Northeastern Railroad ("Railway") operates a railroad over track and other railroad -related facilities located on a contiguous right-of-way between Sherman, TX to Plano, TX owned by the Dallas Area Rapid Transit Agency ("DART"), and WHEREAS, the City of Anna, Texas ("City") has requested that Railway construct and maintain a crossing of a roadway at grade, over and across the right-of-way and track operated by Railway at milepost 306.10 CR 422 to be renamed Finley Blvd.,"), and WHEREAS Railway is willing to perform the construction, maintenance of the Crossing for City's use and City is willing to accept same, subject to the terms and conditions set forth in a Grade Crossing Maintenance Agreements NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Maintenance Agreement. The City Council of the City of Anna, Texas hereby approves the Grade Crossing Maintenance Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 215t day of July, 2015. ATTEST: Mirenda McQuagge-Walden Acting City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA RESOLUTION N0. 2015-07- PAGE 10F 1 GRADE CROSSING MAINTENANCE AGREEMENT This Grade Crossing Maintenance Agreement ( Agreement") is made as of the day of , 2015 by and between the Dallas, Garland &Northeastern Railroad, Inc., a Texas corporation with an address of 425 East Southlalce Boulevard, Southlalce, Texas 76092 ("Railway"); and City of Anna, a municipality established under the laws of the State of Texas and whose mailing address is 111 North Powell Parkway, Anna, TX 75409 ("City"). WITNESSETH: Whereas, Railway operates a railroad over track and other railroad -related facilities located on a contiguous right -of --way between Sherman, TX to Plano, TX owned by the Dallas Area Rapid Transit Agency ("DART"), and Whereas, City has requested that Railway construct and maintain and, if required in accordance with the terms of either this Agreement or that certain Agreement between the City and DART ("DART Agreement"), ultimately remove a crossing of a roadway at grade, over and across the right -of --way and track operated by Railway at milepost 306.10 CR 422 to be renamed Finley Blvd., as more particularly described in Exhibit A, which is attached hereto and incorporateA herein by reference ("Crossing"); and Whereas Railway is willing to perform the construction, maintenance and, if necessary, removal of the Crossing for City's use for the purpose described above and City is willing to accept same, subject to the terms and conditions set forth herein; Now therefore, Railway and City agree as follows: 1. Design and Construction of Crossing. Railway in consideration of the covenants and conditions hereinafter stated on the part of the City to be kept and performed, has entered into a separate agreement with Skorburg Company ("Skorburg") and others to design and construct the at -grade Crossing across and over the said tracks, right of way and property of DART at the location aforesaid (all and any part of Lite Crossing, including security gates, surface and crossing warning signs shall also be referred to as the "Crossing"h provided that said agreement between Railway and Slcorburg shall provide that the construction of the Crossing shall be done by Railway in accordance with Section 4; and provided further that Railway reserves the right to perform all work on DART's property (including work related to the maintenance, repair, renewal or removal of the Crossing provided for herein), in which event, said separate agreement shall provide that Slcorburg shall pay Railway the entire cost and expenses of all labor and materials furnished by Railway in performing such work, including any expense incurred in protecting trains, persons using the Crossing, or other property. For the avoidance of any doubt, the City is not responsible to Railway for the costs of the initial construction of the Crossing. 2. Standards of Construction of Crossing. Railway agrees that the initial construction of the Crossing shall comply with all applicable federal regulations and that the standards for such construction shall conform to the Texas Manual on Uniform Traffic Control Devices ("TMUTCD"). In the event of conflict between the applicable federal regulations and the TMUTCD, the applicable federal regulations shall govern; provided however that Railroad shall exercise reasonable efforts to reconcile such conflict by seeking comments from the City. 3. Maintenance of the Crossing. (a) Scope and Standards for Maintenance. Upon completion of the Crossing, the City, at its expense, will be responsible for maintenance of the highway roadbed outside of the railway ties and the roadway up to the edge of the surface of the Crossing including but not limited to all roadway structure, roadway surface, roadway approaches (including sidewalks), shoulders, drainage, sidewalks, pavement striping, advance pavement markings, erosion control, tree cutting, mowing, and advance warning signs. Upon completion of the Crossing, the Railway, at the City's E expense, will be responsible for the maintenance of the crossing warning devices, equipment and all associated components of the Crossings warning system. The Railway, at Railways expense, will be responsible for the maintenance of the surface of the Crossing as well as its trackbed and rail components, plus the highway roadbed, for the width of the rail ties within the area of the Crossing. (b) Maintenance Charges. The City shall pay unto Railway annually the actual cost of maintenance of said crossing surface and warning devices. The annual cost of maintenance of the Crossing including the crossing surface, warning devices, including signs, flashing lights, bells and gates and all associated components is not estimated to exceed $4,000 for the first year of this Agreement. Because the foregoing amount is an estimate based on the current charges, this amount may increase in subsequent years. In addition, the City, at the City's expense, will be responsible for the complete future replacement, should it become necessary, of said crossing surface and warning devices. This includes all crossing surface replacement costs required due to Acts of God, normal wear and tear, and damage from accidents where third party accountability cannot be determined, and any other cause not attributable to the Railway. Railway shall provide to City documents that allow City to verify all actual expenses incurred by Railway for the maintenance charges described in this paragraph (b). In no case shall maintenance charges paid by the City exceed the actual amount incurred and expended by the Railway for maintenance of the Crossing, after reducing such amount by the expenses associated with that portion of the Crossing for which Railway is responsible for in accordance with paragraph (a), above. (c) Drainage. The Crossing shall include adequate drainage facilities necessary or appropriate for the prevention of flooding or any other kind of water damage to the Railways right of way and tracks, and said drainage facilities that are located outside of the railway ties shall be installed, repaired, maintained and cleaned at all times by and at the sole risk, cost and expenses of (d) Crossing Surface. When the City and Railway determine that the replacement of the surface of the Crossing is required, Railway shall, at City's sole cost and expense, replace the Crossing surface with such kind and quality of materials as City and Railway determines are best suited for Railways rail operations on and through said Crossing, giving due regard to maintenance requirements and longevity. The City shall be responsible to control any vehicular traffic during any maintenance, including any detouring and signage as reasonably required. (e) Roadway. City shall be responsible for any paving which may be required up to the roadway or roadway approaches (including sidewalks) at the Crossing. Any such paving work shall be done under the supervision and direction of Railway. Railway at its discretion may provide a construction inspector and/or railway flagman during such construction activity. (f) Future Adjustments. Railway may from time to time make changes in its tracks or other facilities, including the installation, maintenance and operation of any railroad tracks or facilities at or near the Crossing including any change in elevation, alignment, location or number of tracks. (a) Telecommunication Facilities. City further acknowledges and agrees that active fiber-optic transmission cables and other telecommunication facilities may be located on the Railways right of way, including at the Crossing. City shall not do any work or undertake any activity which would damage such telecommunication facilities. (h) Audits. In the event of an audit of any public agency funded work performed by Railway, Railway shall provide documentation and other materials and shall pay to the City all adjustments of Railways billings. 4. Public Crossings The City shall not in any way, or at any time, interfere with or obstruct Railway's right -of --way, the movement of Railways trains and other railroad operations, 4 or interfere with Railways use of the right -of --way. 5. Assignment. The rights conferred hereby shall be the privilege of City and Railway only, and no assignment or transfer hereof shall be made by either party without the consent and agreement in writing of the other being first had and obtained. 6. . The burden of obtaining all permits and approvals which may be necessary and appropriate shall be upon City and shall be at the sole risk, cost and expense of City whose responsibility it shall be to comply with all Federal, State, and Local laws and assume all cost and expense and responsibility in connection therewith, without any liability whatsoever on the part of the Railway. 7. Notices,_All notices which may or are required to be given, or served or sent by any party to the other parties pursuant to this Agreement shall be in writing and shall be deemed to have been properly given or sent, if hand delivered or mailed by registered or certified mail, return receipt requested, with postage prepaid. Each notice shall be mailed as aforesaid shall be deemed sufficiently given, served or sent for all purposes at the time such notice shall be deposited in the mail properly addressed and, in any event, upon receipt of the addressee. Until any party notifies the others of any new addresses, such notices shall be addressed as follows: If to Railway: 425 East Southlalce Boulevard, Southlalce, Texas 76092 Attention: Mark Garvin If to City: City Manager 111 North Powell Parkway P.O. Box 776 Anna, TX 75409 With a copy to: 5 Wolfe, Tidwell & McCoy, LLP Attn; Clark McCoy 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 8. Term and Termination. This Agreement is for an inal term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the City upon one hundred eighty (180) days prior written notice.. Should the use of the Crossing be abandoned or the agreement with DART for the existence of the Crossing be terminated for any reason, then this agreement shall be terminable by either party upon on hundred eighty (180) days' written notice to the other. Notwithstanding any language to the contrary in this Agreement, the City shall have the right to retain and use the Crossing as it existed immediately prior to adoption of this Agreement. 9. Merger. This Agreement constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 10. General, The laws of Texas shall apply to the interpretation of this Agreement. The terms of this Agreement have been arrived at after mutual negotiation and, therefore, it is the intention of the Parties that its terms not be construed against any of the parties by reason of the fact that it was prepared by one of the parties. If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein. This Agreement may be executed in any number of counterparts, each of which may be deemed an original for any purpose. C� [Remainder of page intentionally left blank; signature page follows.] f/ IN WITNESS WHEREOF, intending to be legally bound, the parties hereto have caused this Grade Crossing Maintenance Agreement to be duly executed and delivered as of the day and year first above written. Signed, sealed and Delivered in the presence of. Witnesses as to Railway Witnesses as to City Dallas, Garland &Northeastern Railroad, Inc. By: Name: Title: City of Anna By: Name: Title: CITY OF ANNA,TEXAS Item No. 7 City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: FYhihitc 7/21/2015 Jessica Perkins yes AGENDA aUDJr.%.T: Consider/Discuss/Action regarding a resolution approving a contract with North Star Destination Strategies and authorizing a contingency appropriation. SUMMARY: One of City Council's Strategic Goals is to develop and implement a comprehensive brand identity for the City. Staff has reviewed proposals from several companies that could assist the City with this effort, and is recommending that the Council approve the proposal submitted by North Star Destination Strategies. Over the past 15 years, North Star Destination Strategies has partnered with over 200 communities around the country on a variety of projects including research, strategic planning, and community brand development. Within Collin County, North Star has worked with the cities of McKinney, Allen, Plano, and Frisco. Other Texas clients include the cities of Dennison, Round Rock, and Missouri City. North Star has a proven comprehensive approach that includes an experienced research and design team. The branding project is a cooperative effort between the City, the Anna Economic Development Corporation, and the Anna Community Development Corporation with the City and each corporation covering 1/3 of the total cost. The costs will be expended over the 2015 and 2016 fiscal year budgets. The attached resolution allows for the execution of the agreement and a contingency allocation to cover 1/3 ($12,667) that will be expended during the current fiscal year. The 2016 fiscal year amounts will be included in the draft budget. If approved, $12,667 would be funded from the FY 15 contingency allocation leaving a balance of $107,388 or 79% of the original contingency allocation. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution and agreement. CITY OF ANIMA, TEXAS RESOLUTION N0.2015-07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING A CONTRACT WITH NORTH STAR DESTINATION STRATEGIES AND AUTHORIZING A CONTINGENCY APPROPRIATION. WHEREAS, the City of Anna, Texas City Council ("City Counc) has recognized the need to further the Anna brand with branding redesign for the purpose of community development in and near the City of Anna; and, WHEREAS, over the past 15 years, North Star Destination Strategies has partnered with over 200 communities around the country on a variety of projects including research, strategic planning, and community brand development ; and, WHEREAS, the City Council, in cooperation with the Anna Economic Development Corporation, and the Anna Community Development Corporation, desires to enter into an agreement with North Star Destination Strategies to develop a community brand print for the City of Anna, Texas ("City"), NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Brand Print Agreement. The City Council hereby approves the Agreement between the City of Anna and North Star Destination Strategies, Inc. attached hereto as Exhibit 11 Cl"d authorizes, ratifies Cl"d approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. Section 3. Contingency Appropriation Consistent with Section 7.08 of the An City Charter, the City Council hereby authorizes the City Manager to transfer $12,667 from the FY 2015 General Fund Contingency Appropriation to the General Fund to fund a portion of a community brand print project with North Star Destination Strategies. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 215Y day of July, 2015. ATTEST: Mirenda McQuagge-Walden, Acting City Secretary Mayor, Mike Crist _........................ CITY OF ANNA RESOLUTION NO. 2015-07- PAGE 1 OF 1 AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. 1. This Agreement Between the City of Anna and North Star Destination Strategies, Inc. (this "Agreement") is entered into this day of , 2015 (the "Effective Date"). 2. Under the terms of this Agreement North Star Destination Strategies, Inc. ("North Star") shall develop a Community BrandPrintTM for the City of Anna, Texas (the "Client"). 3. North Star's obligations and compensation: (a) In exchange for the compensation detailed in this in subsection (bl, below, North Star will provide a Community BrandPrint for the City of Anna and perform all other obligations set forth in this Agreement (collectively, the "Services"). The general outline of the Community Brandprint and the scope of work, that is necessary to create and supply same is attached to this Agreement as Exhibit A, which is incorporated herein as part of this Agreement as if set forth in full for all purposes. (b) Said compensation shall be in the amount of $76,000, which will be paid to North Star in exchange for North Star's performance of the Services. The amount of time to complete the Services shall not exceed four hundred and fifty hours (450) hours. The agreed upon maximum four hundred and fifty hours (450) hours will be the governing factor in the depth of the Community Brandprint. North Star expects to complete the Services within this allotment of hours and will not exceed the maximum number of hours for the Services outlined in Exhibit A. (c) Any additional requests of North Star beyond the agreed upon the Services and designated hours will be billed at the blended rate of $150.00 per hour. Should additional work be requested beyond the scope of this Agreement, North Star will receive written approval of the additional related compensation prior to initiating work. (d) Outside costs such as travel shall be billed at a net rate (out-of-pocket cost) to the client in an amount not to exceed $ .North Star will not bill for copying, fax or courier. 4. Prior to beginning the Services, the Client will pay North Star $38,000 as one-half installment of the compensation due under this Agreement. Upon completion of the Understanding & Insights Presentation, the Client will pay North Star $19,000 toward the compensation due under this Agreement. The balance of the AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 1 of 9 compensation, $19,000, is to be paid in equal monthly payments over the three months that follow the Understanding & Insights Presentation ($6,333.33). A service charge of 1-1/2% (18% per annum) will be charged on all sums not paid within a 30-day period after date that Client receives an invoice. 5. Notwithstanding any other provisions hereof, North Star or the Client may terminate this Agreement at any time upon fifteen days written notice to either parties. If termination of this Agreement is requested by the Client prior to completion of the Community Brandprint, the Client will remain responsible for payment of all hours involved in the preparation of the same prior to said termination at a rate of $150.00 per hour; provided, however, the amount of said payment shall be offset by any amounts thus far paid by the Client. If the amount thus far paid by the Client exceeds payment for all hours involved at a rate of $150.00 per hour, North Star will return the difference to the Client within 30 days of termination. Once North Star has been compensated for hours worked at $150 per hour, the City shall have no further obligations under this Agreement, including but not limited to having no obligation to pay the compensation set forth in Section 3(b) of this Agreement. Client will be responsible for payment of any outside cost incurred prior to the termination including costs of materials ordered or delivered thereafter if North Star is unable to halt such delivery. Under no circumstances will North Star be obligated to breach any lawful contractual commitment to others. 6. Upon termination of this Agreement, North Star shall transfer, assign and make available to the Client, or its representatives, all property and materials in its possession or control belonging to the Client and paid for by the Client. With respect to the Community Brandprint, including without limitation the "DNA Definition" defined in Section 3 "Insights" in Exhibit A and the "Written Creative Concepts," the "Logos & Graphic Identity Looks," the "Brand Narrative," and the "Custom Deliverables," all as defined in Section 4 "Creativity" in Exhibit A, the Parties further agree as follows. (a) The term "Work" as used herein means any and all of the materials described above, being a part of the Community Brandprint5 in any reproducible, tangible, or electronic form or medium. The Work conceived, or originated by North Star or others, or on behalf of North Star, or performed in connection with the Services or received by North Star in the scope of performing the Services is and will be of original development by North Star and are to be considered works made for hire as that term is defined in §§ 101 of the Copyright Act (17 U.S.C.A § 101) and shall be the sole and exclusive property of the Client, without any consideration paid to North Star beyond that set forth under this Agreement. All rights of North Star with respect to all designs and AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 2 of 9 copyrights, trademarks, trade names, and other proprietary rights relating to the Work are by this Agreement assigned to the Client. North Star agrees to promptly support and give all reasonable assistance to enable the Client to prepare, file and prosecute any United States or foreign application for all types of design trademark or copyright registrations related to the Work that the Client deems appropriate, and North Star will execute all appropriate documents and assignments for such. The Client shall have the sole right to determine the treatment of information received from North Star, including but limited to the right to keep the same as a trade secret, to use, disclose, and publish the same with or without prior copyright registration and to file the same in its own name or the name of an affiliate or to follow any other procedure that the Client may deem appropriate. North Star agrees to hold the Work confidential —except to the extent permitted by the Client —regardless of any disclosure or other actions taken by the Client with regard to the Work. (b) To the extent that any material produced under this Agreement may not be considered works made for hire, or to the extent that the paragraph immediately preceding this one is declared invalid either in substance or purpose, in whole or in part, North Star agrees to irrevocably transfer, grant, convey, assign, and relinquish exclusively to the Client all of North Star's right, title, and interest, including ownership of copyright and patent rights, to any material developed by North Star under this Agreement, without the necessity of further consideration. North Star shall have no right to disclose or use any of the Work for any purpose whatsoever except as expressly set forth in this Agreement. Further, the rights conveyed by this instrument include the right and authority of the Client, at its expense, to make timely application for the renewal and extension of any copyright of the Work as allowed by the laws now or later in force in the United States and in any other country. North Star irrevocably constitutes and appoints the Client "attorney in fact" to apply for renewal within one year before the expiration of the initial copyright term, and covenants to execute any further instruments that may be necessary to perfect the Client's full enjoyment of the renewal right. (c) No rights or licenses, expressed or implied, in any other work or other information is granted to North Star by this agreement, and no license, partnership, or assignment of any right, title, or interest is created, granted or implied by the Client under this agreement. (d) North Star acknowledges and agrees that the Work is confidential and proprietary trade secret information of the Client, and of substantial value to the Client. North Star agrees that it will not use the Work in any way, for its own account or the account of any third party, except as expressly AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 3 of 9 permitted by or required to achieve the purposes of this Agreement. North Star also agrees not to disclose to any third party any part of the Work. North Star will take reasonable precautions at least as stringent as it takes to protect its own most highly confidential and proprietary information to protect the confidentiality of the Work. North Star's breach of this obligation will result in irreparable and continuing damage to the Client for which there will be no adequate remedy at law, entitling the Client to unctive relief and a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). (e) North Star affirms that the Work is and/or will be original, that all statements asserted as facts are based on careful investigation and research for accuracy, that the Work does not, in whole or part, infringe any copyright or violate any right or privacy or other personal or property right whatsoever, that it has not been published or used in total or in part and is not being submitted or considered for publication or use in total or in part elsewhere, and that North Star has full power and authority to enter into this Agreement and to make the grants and transfers contained herein. NORTH STAR WILL INDEMNIFY, AND HOLD HARMLESS THE CLIENT, ITS OFFICIALS, AGENTS, REPRESENTATIVES AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT AGAINST DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEY FEES AND RELATED EXPENSES, ARISING OUT OF INFRINGEMENT OF ANY RIGHTS DURING OR AFTER COMPLETION OF THE WORK AND WILL DEFEND ALL CLAIMS IN CONNECTION WITH ANY ALLEGED INFRINGEMENT OF THOSE RIGHTS UTILIZING LEGAL COUNSEL APPROVED BY THE CLIENT, (f) The obligations imposed by this section shall remain in effect indefinitely and shall survive any termination or expiration of this Agreement, whether by expiration of time, operation of law or otherwise. 7. The Client agrees to cooperate with North Star in the performance of the Services, including meeting with North Star and providing North Star with such confidential information information that the Client may have that may be relevant and helpful to North Star's performance of the Services. It may be necessary for the Client to share trade secrets and/or other confidential and/or proprietary information or matter with North Star. The parties agree that such information and the materials referenced in this Agreement, the results and developments therefrom are confidential and/or proprietary information belonging to the Client. AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 4 of 9 8. North Star agrees not to disclose to any third party any such trade secrets and/or confidential or proprietary information for its own separate benefit. North Star will be responsible for its employees or agents complying with the provisions of this Agreement. 9. Stock photography used for the demonstration of creative concepts is not to be reproduced or published in any way without first negotiating usage rights with the appropriate stock image provider. 10. To ensure that the recommended strapline (tagline) is available for use and capable of being trademarked, North Star will conduct a trademark registration search with the United States Patent and Trademark Office via their web site: http://www.uspto.gov/main/trademarks.htm. North Star will report any records found relating to the strapline. The pursuit of an official, legally -binding trademark is the responsibility of the Client. 11. This Agreement may be modified only upon the written and mutual consent of both parties. This Agreement and the documents referenced herein embody the entire Agreement of the parties. This Agreement shall supersede all previous communications, representations or agreements either verbal or written, between the parties. 12. This Agreement is intended solely for the benefit of the Client and the North Star and does not confer any rights on any person or entity not a party to this Agreement, nor does it create any Third Party Beneficiaries to this Agreement. 13. Any agreement, notice, correspondence, information Al other documentation required and/or referred to in this Agreement shall be in writing as provided by this Agreement. 14. Waiver by either Party of any breach of this Agreement affecting such Party, or the failure of either Party to enforce any of the provisions of this Agreement, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. 15. The Parties acknowledge and agree that the performance by the Client and North Star of their respective obligations under this Agreement constitute governmental functions. 16. No Party shall be in default under this Agreement until written notice of the default has been given to the defaulting Party (which notice shall describe in reasonable detail the nature of the default) and the defaulting Party has been given thirty (30) business days to cure said default. If a Party is in default under this Agreement, the non- defaulting Party may, at its option, and without prejudice to AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 5 of 9 any other right under this Agreement, law, or equity, seek, any relief available at law or in equity, including but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus and injunctive relief. Neither Party shall have the right to terminate this Agreement as a remedy for default or to suspend or be relieved of the Party's continuous performance of its obligations hereunder. Notwithstanding the foregoing, each Party agrees that if any threatened or actual breach of this Agreement arises, which reasonably constitutes immediate, irreparable harm to the other Party for which monetary damages is an inadequate remedy, equitable remedies may be sought by the non - defaulting Party, without providing the notice stated above, and awarded in a court of competent jurisdiction without requiring the non -defaulting Party to post bond. 17. This Agreement shall be construed in accordance with Texas law without regard to its conflict of laws provisions. 18. Venue and exclusive jurisdiction for any action arising hereunder shall be in Collin County, Texas. 19. Any notice or other communication required by this Agreement to be given, provided, or delivered shall be in writing addressed as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five (5) business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; or (b) if by private delivery service (e.g. FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address. To the Client: Philip Sanders City Manager City of Anna 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Clark McCoy Wolfe, Tidwell &McCoy, LLP 2591 Dallas Parkway Suite 205 Frisco, Texas 75034 To North Star: AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 6 of 9 Each at has the right to change, from time to time, its notice addresses by giving at least ten (10) business day's written notice to the other Party. If any time period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business day following such Sunday, Saturday, or legal holiday. 20. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. A facsimile signature will also be deemed to constitute an original if properly executed. 21. The individuals executing this Agreement on behalf of the respective Parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which their signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement and that each individual affixing their signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date of this Agreement. 22. This Agreement is not assignable. 23. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 24. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as is such invalid, illegal, or unenforceability provision had never been contained herein. 25. All warranties, representations and covenants made by one Party to the other in this Agreement or in any certificate or other instrument delivered by one Party to the other under this Agreement shall be considered to have been relied upon by the other Party and will survive the satisfaction of any obligations under this Agreement, regardless of any investigation made. 26. This Agreement shall be deemed drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 7 of 9 its fair meaning, and any presumption or principle that the language herein is to be construed against either Party shall not apply. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. By: Philip Sanders, City Manager Date: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared PHILIP SANDERS, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the duly authorized representative of and for the CITY OF ANNA, TEXAS, a Texas political subdivision, and he executed the said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: NORTH STAR DESTINATION STRATEGIES, INC. By: Don R. McEachern, Its Presidetrt /CEO Date: AGREEMENT BETWEEN THE CITY Or ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 8 of 9 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared DON R. MCEACHERN, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he o acknowledged to me that he is the duly authorized representative corporation, and he executed the said instrument expressed and in the capacity therein stated. STRATEGIESINC a consideration therein Given under my hand and seal of office this day of , 2015. Notary Public in and for the State of Texas My Commission Expires: AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH STAR DESTINATION STRATEGIES, INC. Page 9 of 9 D R T H/I STAR SCOPE OF WORK Helping stakeholders understand branding One of the most valuable skills North Star brings to the branding table is an understanding of how best to navigate the political waters that surround such a project. This "intangible" benefit is strictly a result of experience. We know when projects can derail, how to maneuver difficult political situations and who to include in the process. With this in mind we have developed strategies for sidestepping potential problems and keeping your branding initiative on course. North Star also provides tactics for the use of a brand as a pivotal rallying point to help forge win -win partnerships between the public and private sector. Such partnerships can help fund the brand initially and eventually fund its integration into the community. In addition, working toward the common goal of the brand inspires non-siloed teamwork within the public sector that results in more effective use of limited resources. Early understanding is also critical to the smooth implementation of a community brand. Educating your citizens, businesses and stakeholders on the purpose, process and possibility of a brand early is the first step in achieving buy -in from these important audiences. North Star has created an array of educational tools designed to elicit understanding of and support for the Anna branding initiative. Educational Presentation: Live PowerPoint presentation (during the in -market trip) to private and public sector stakeholder groups (determined and assembled by client) for purposes of educating and furthering buy -in of community branding. Press Release: General discussion on what a brand is and does. Highlight need for the public's help during the process. Educational PowerPoint: Community branding PowerPoint presentation given to client for use in making additional presentations, for distribution to interested parties or for placement on community websites. Educational Brochure: For distribution to general public if needed: • North Star will work with Anna to write and lay out the brochure to the point of a print -ready file. • Anna is responsible for providing inforvnation for customized writing and printing. ANNA, TX BRANDPRINT 5 NORTH A STAR SCOPE OF WORK 14 RESEARCH11!D PLANNING What are current brand perceptions2 This stage addresses the current positioning of the community; in other words, how Anna is perceived by visitors, stakeholders, residents, businesses and prospective visitors. We evaluate the environment, the competitive situation, community attitudes, current communications and perceptions of target audiences and their influencers. North Star strongly advocates a mixed method approach to research where quantitative studies tell you "What" and qualitative studies tell you "Why". Only through mixed methodology can your community obtain a true picture of where your brand is now, why, where it should be and how that preferred identity can best be accomplished. COMMUNITY Situation Analysis: Questionnaire and meeting with stakeholder groups to understand your primary objectives, general history, political landscape, resources, competitors, etc. Research and Planning Audit: Comprehensive review of research and planning documents. Communication and Media Audit: Review of existing marketing materials from public and private sector stakeholders as well as recent press related to Anna. Familiarization Tour: Tour of commercial sites, business and technology parks, red carpet tour (experience how you sell your community), housing developments, downtown, retailers, restaurants, outdoor recreation areas, parks, the arts, etc. Key Stakeholder Interviews: One-on-one interviews with key stakeholders to gather perceptions. Stakeholder Focus Group: An in-depth group discussion with the individuals responsible for driving the branding initiative. Vision Survey (200 Distributed): An open-ended questionnaire distributed to the community leaders of Anna. Online Community Survey (Unlimited Respondents): A quantitative version of the Vision Survey posted online for community -wide participation and promoted using social media. Brand Barometer: A tool to measure the strength of Anna's resident advocacy relative to the rest of the United States as a place to live, work and play. Undercover Interviews (15-20): Informal discussions with residents, local merchants and visitors. AN NA, TX BRANDPRINT 6 NORTH A STAR SCOPE OF WORK CONSUMERS Tapestry® Consumer Profile: Using the home addresses of visitors to Anna, Tapestry provides a visitor profile that is entirely unique to your consumer. Lifestyle, preferences, media usage, buying behavior and more, this report is useful for budget allocation, product development and event planning. • Who Report.• Consumer demographic and socio-economic classifications; this report also compares your consumers to the profiles of your community. In other words, are your residents like or unlike your visitors? • What Report.* Profile of consumer lifestyle and media habits such as media usage, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences, lodging tendencies, travel behavior and more. • Where Report.* Grid showing relative comparisons of feeder markets based on the highest concentration of core consumers. • Consumer Mapping.• Origin information from existing databases (inquiries, lodging properties, attractions, etc.) Social Media Monitoring andAnalysis: North Star provides a snapshot of AnnA social brand across the following platforms: Twitter, Facebook, Instagram, YouTube, Picasa, Flickr and Viddy. Social media brand observations will be used to guide brand action for purposes of digital marketing strategy suggestion. Top Business Prospects: A proprietary program that identifies a list of top business prospects using the combination of a psychographic workforce profile and current successful industries in Anna. It then determines complementary businesses within a predetermined mile radius. Ms data will also be applied nationwide to cities that have a similar population size and workforce to pinpoint areas of opportunity for Anna. Will be used to guide brand action for purposes of economic development.'Ihis study yields between 100 - 300 target businesses and provides c-suite level contacts for each. Qualitative Perception Study: Telephone interviews to gather insights from influencers to include, but not limited to: economic development prospects, site selectors, relocation executives, meeting planners, group tour operators and regional and state -level economic development and tourism executives. Quantitative Perception Study (200+ Completes): Survey conducted using a statistically significant random sampling of consumers and non -consumers in outside markets using existing inquiry records. Data will be cross -tabulated in a number ofways to reveal the most insightful patterns between consumer and non -consumer groups. For instance, perceptions and attitudes for those who have visited Anna will be compared and contrasted to those who have not visited and are reporting perceptions purely on reputation. This Consumer and Non - Consumer Awareness and Perception Study measures: o Overall awareness and perceptions of Anna. o Overall awareness and perceptions of the competition. o Consumer visitation patterns to Anna. o Attitudes regarding Anna's strengths and weaknesses. o Consumer opinions regarding what needs to be added or taken away. o Changes in consumer perceptions of Anna after visiting. o Patterns of visitation activities associated with consumer's primary purpose of visitation. ANNA, TX BRANDPRINT 7 NORTH A STAR SCOPE OF WORK �/ COMPETITION Competitive Positioning Review: A brand message assessment to evaluate Annas position relative to the competition. Competitive Perception Review: During every phase and study of the research process we look for opportunities to learn more about Annas top competitors, including internal and external awareness and perceptions of their strengths and weaknesses. All findings are combined in a competitive review that paints a succinct picture of the competition. Specifically, the vision survey, online community survey, quantitative perception study, focus groups, stakeholder interviews, undercover interviews and the qualitative perception study inform the competitive perception review, Tapestry® Resident vs. Region Profile: A detailed market segmentation report to better understand what distinguishes Anna from the region, using ESRI's Arcview, Tapestry and Business Analyst software - including U.S. Census Bureau data and consumer buying behavior data from Mediamark Research Intelligence (MRI). W ho Report: Resident socio-economic class cations. What Report: Profile of resident lifestyle habits such as media usage, travel behavior, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences and lodging tendencies. ANNA, TX BRANDPRINT 8 NORTH A STAR SCOPE OF WORK 3. INSIGHTS Where is the heart of your brand? The goals for this initiative may involve a number of elements: cohesive community identity and consistent marketing efforts, collective community conscience, uncovering community uniqueness, developing a community presentation to economic development prospects, highest use of available resources, resident recruitment/retention and gross receipts. Branding influences these goals by influencing expectations and affecting attitudes, thus affecting behavior and usage. The most successful brands establish an emotional — not simply an intellectual — connection. Our insights come from asking a number of thought -provoking questions: What brand "story" does the research tell? What emotional attachments can the brand hold? What are Anna's core values? How does the brand fit into the consumer's lifestyle? How can the brand best be used to elicit Anna's desired emotional/behavioral responses? It is from these insights that we determine your DNA. These insight questions are compiled in a succinct storyline that leads directly to Anna's DNA Definition. This DNA is the critical touch point for all branded activity moving forward. For maximum brand impact, all efforts, thoughts, communications and actions should literally and symbolically support its essence. �'J Situation Brief: Review of all research findings. J Blue Sky Meeting: Internal session for developing insights based on significant research patterns and findings. J "Understanding and Insights" Presentation: Comprehensive review of all relevant research and recommended strategic direction. J DNA Definition: The guiding statement for the management and development of your brand including: Target audience: Consumers for whom community has the most appeal. Frame of reference: Geographic context of the community. Point of derence. What makes your community special. Benefit.• Why it should matter to the consumer. NOTE: Here we conduct a meeting to present all of the research findings as well as our recommended brand positioning based on those findings. Brand Platform approval is required before proceeding. ANNA. TX BRANDPRINT 9 NORTH SCOPE OF WORK �'-. CREATIVIT",' How should your brand look, feel and sound? In this stage , we will transform all the data and high-level strategies into tangible creative products that embody your brand. Straplines and logos (with graphic standards) are created. Foundation creative recommendations and looks are created, including targeted marketing messages and advertising, digital design and content recommendations (web portal, social media), collateral materials, stationery and a color palette. Additional deliverables may also be developed, including environmental applications, signage, promotional items, economic development prospecting packages and more. Written Creative Concepts: North Star will provide three different written concepts for bringing your brand platform to life creatively. Also included is a round of revisions to the selected concept. I Logos &Graphic Identity Looks: At least five different logo options and two distinct looks with a round of revisions to the selected option. This collaborative process results in a unique and memorable visual identity for your brand. In a word, how will your community's brand look? Note: 7liere is critical collaboration that takes place at this poizzt with a small select groin of marketing stakeholders to address the written creative concepts and the development of the foundational graphic identity. North Star then provides solutions for the remainder of the creative work based on that agreed -upon direction. Brand Narrative: Takes the foundation of the written concept and breathes life into it through an artistic interpretation of language. Its purpose is to help residents, businesses, influencers and consumers connect and embrace the emotional story of the brand to their own lives. It contains inspiring language meant to describe Anna's assets as they relate to your new brand and to garner excitement among brand drivers, brand partners and regional stakeholders. I Custom Deliverables: Using the new creative direction, North Star will assist the client in identifying a list of custom deliverables that target your specific goals. Typically those ideas might include: Graphic starzdar•ds guide Strapline development Color palette Stationery design Power Point slide design E-newsletter template Printed collateral design Sample print advertisements Brand vocabulary Inf •astructzrr•e design Website design application Mobile website and app design Social media design application Sigrzage design Wayfinding design Merchandising STAR ANNA, TX BRANDPRINT 10 NORTH A STAR SCOPE OF WORK 5. ACTION How should your brand be integrated? In this stage, North Star develops amust-do strategic action and communications plan following your brand's development. This plan comprises of action steps that ensure the brand gains traction and maintains momentum. Many of these tasks involve setting up the organization and cooperation that will propel your brand forward. Our goal - and yours - is to make sure that the Anna brand is the guiding principle for your future, not just a logo and line on your letterhead. As part of this action plan, we will craft a selection of high -impact custom action ideas designed to raise the profile of your DNA and put it to work in every corner of your community. Custom ideas generally fall into the following categories: • Festivals (repackage existing events/festivals or develop new ones that connect to your brand strategy) • Policy (laws or measures that support the brand strategy.) • Sports (tournaments, events, youth sports, etc.) • Environmental Applications (look at your community as if it were a canvas) • Tourism (marketing, communications, training, products, packaging, merchandise, etc ... all specifically related to tourism.) • Economic Development (marketing, communications, training, outreach, resources, etc... all specifically related to economic development.) • Arts (public art campaigns, partnerships with art organizations, art contests with visitors, residents, students, artists in residence programs.) • Private Sector (ideas and tools to engage businesses and other private sector organizations.) • Exports (goods that are manufactured, grown or packaged in your community for export; even a famous person or idea from your community can be considered an export.) • Purpose Initiatives (charities, sponsorships, etc.) • Awards (civic awards, organizational awards, etc.) • Education (programs in schools, small business/entrepreneur mentoring, education for front-line hospitality staff, etc.) • Szrstainability (residential green initiatives, tax incentives for green industries, • Health (community health programs, school -based health initiatives, business - based health initiatives, hospital and health care agency partnerships.) • Events (any organized activity that ties back to the brand ranging in scope from festivals to health fairs to career counseling to community clean-up days.) • Incentives (tax incentives for businesses, entrepreneurs, art organizations, etc, that are in line with the brand strategy.) • Master Planning (design and development of infrastructure and support systems that correlate with the brand strategy.) ANNA, TX BRANDPRINT 11 NORTH A STAR SCOPE OF WORK b. EVALUATIO''' How the brand is performing Evaluation yields new information, which may lead to the beginning of a new planning cycle. Information can be gathered from concept pre -testing, campaign impact in the marketplace and tracking studies to measure a brand's performance over time. Ideally, two basic questions will be answered: have responses to the brand among target audiences changed in the way the BrandPrint intended? And have these changes resulted in action that will achieve the desired objectives of the brand? No single measure of success works for something as complicated as a community brand. As such, every research study in this plan is designed to produce benchmarks and results that can be used for comparison with future studies in areas of advocacy, return on investment, perceptions of the existing Anna brand and attitudes regarding how well Anna performs as a place to live, visit, do business and attract a talented workforce. Additionally, our 15 years of branding experience have shown that true success can be seen in the spread of excitement, inspiration and innovation among your stakeholders around the brand. This is a "soft measurement" but it is vitally important. North Star builds hours into our process for mentoring with our clients. We also provide a 12-month follow up. However, we do not limit communication to this instance. Your success is our success, and everyone at North Star - from the president and CEO to the office manager to our research assistants - takes the success of our clients personally. Toward that end, we are always available to answer questions and help with problems. In short, we have maintained an ongoing personal and business relationship with most of our clients, some for more than a decade. J 12- Month Check Up. /Recommended Measures of Accountability: Online Brand Perception. Qualitative Perception Study. Quantitative Perception Study. Brand Barometer. Use of the Brand Narrative in the private sector. NOTE.• Here, we conduct a final online presentation that delivers the creative product, the brand action ideas and recommended measures of accountability. it final report is produced that delivers these items as well as the research findings, insights and DNA definition. ANNA, TX BRANDPRINT 12 i CITY OF ANNA. TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 7/21/2015 Jessica Perkins yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution appointing a community branding advisory group. (Jessica Perkins) SUMMARY: A critical component of the community branding project will be facilitating input from a variety of community stakeholders. A small citizen advisory group composed of a cross- section of community stakeholders should be appointed to work with North Star Destination Strategies through the process of identifying and developing the Anna brand. The following individuals represent a variety of community stakeholders including the City, Anna ISD, the Greater Anna Chamber of Commerce, the Anna Area Historical Preservation Society, local business, and community volunteers. Each has been contacted and is willing to serve on the advisory group if appointed. Mile Crist City Council, Mayor John Beazley City Council, Deputy Mayor Pro-Tem Sandy Setliff P&Z Commission, local real estate broker (JP & Associates) Jon Hendricks Parks Board, business owner (Print Appeal), former Mayor, community volunteer Tammy House GACC Board Chair, Anna business owner (Texas Choice Insurance) Ty Chapman AISD Board President Kimberly Smith -Peat Anna Area Historical Preservation Society, AISD Teacher Donald Nutt Anna Business Manager (Brookshire's) Glenda Pinkston Anna Business Owner (Highland Fire), former GACC Board President Stephen Finnerty Graphic design professional (Tri-City Graphic), photographer, Anna ETJ Resident STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-07- A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING AN ADVISORY GROUP FOR THE PURPOSE OF ASSISTING IN THE DEVELOPMENT OF A COMMUNITY BRAND. WHEREAS, the City Council of the City of Anna, Texas ("City Counc), in cooperation with the Anna Economic Development Corporation, and the Anna Community Development Corporation, has engaged North Star Destination Strategies to develop a community brand for the City of Anna, Texas ("City"); and WHEREAS, public participation and feedback is critical to the success of this project; and WHEREAS, the City Council has determined that a citizen advisory group composed of across -section of community stakeholders should be appointed to work with North Star Destination Strategies through the process of identifying and developing the Anna brand; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Appointment of Citizen Advisory Group. The City Council hereby establishes a citizen advisory group for the purpose of assisting in the development of a community brand, and appoints the following members to said group. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. City of Anna Resolution No. 2015-07- Page 1 of 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 21St day of July, 2015. Mirenda McQuagge-Walden, Acting City Secretary lelT�.i�>• •a Mayor, Mike Crist City of Anna Resolution No. 2015-07- Page 2 of 2 a CITY OF ANNA, TEXAS AGENDA SUBJECT: Briefing/Discussion regarding vector control. Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: July 21, 2015 Staff Contact: Joseph Johnson Exhibits: None. SUMMARY: Staff will provide a briefing regarding Vector Control, Vector Control is defined as any method used to limit, monitor or eradicate insects, mosquitoes or other arthropods which transmit disease pathogens. STAFF RECOMMENDATION: This is a Briefing/Discussion Item only. No Council action required at this time. CITY O F AN NA, TEXAS AGENDA SUBJECT: Briefing/Discussion regarding the FY 2016 Budget Item No. lu City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: SUMMARY: Staff will review the following draft budgets with the City Council. • Water • Sewer • Utility Billing • Solid Waste No 7/21/2014 Clayton Fulton These departments comprise the Utility Fund for the City of Anna. These departments are entirely funded through user fees assessed for utility service from the City of Anna. With the uncertainty surrounding the North Texas Municipal Water District's regional sewer line and a corresponding decrease in average monthly water consumption, staff is anticipating the need for a rate increase in FY 16, Staff is continuing to work through the metering issues with NTMWD and reviewing all budgetary requests to ensure the Utility Fund can operate efficiently and effectively. In concert with our rate consultant, staff has developed preliminary revenue projections based upon consumption data. Our rate consultant is finalizing the model and we will present the rate model at the next council meeting. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits. July 21, 2015 City Manager AGENDA SUBJECT: Closed Session (Exceptions): Under Tex, Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. discuss or deliberate personnel matters (Tex. Gov't Code §551.074)City Secretary; b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 9551.072), acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); update on economic development negotiations. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION. r CITY OFANNA,TEXAS AGENDA SUBJECT: Consider/Discuss/Action on any Workshop Session or any closed necessary. SUMMARY: STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager N/A items listed on posted agenda for July 21, 2015 session occurring during this Regular Meeting, as CITY OF ANNA,TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 13 City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: Exhibits: July 21, 2015 City Manager N/A CITY COUNCIL MEETING SIGN IN SHEET DATE: �) S Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Forin. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS / AJ