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HomeMy WebLinkAbout10-02-2025 CDC/EDC Packet MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION AND ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, October 2, 2025 @ 6:00 PM The CDC/EDC of the City of Anna will meet on Thursday, October 2, 2025 at 6:00 PM, in the Anna Municipal Complex – Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. American Pledge: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible and justice for all. Texas Pledge: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. 3. Neighbor Comments. Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. 4. Consent Agenda. a. Approve minutes from the September 4, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b. Approve minutes from the September 4, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) 5. Items For Individual Consideration. a. Consider/Discuss/Action to approve Resolution No. 2025-10-14 for an Incentive Agreement between Anna Economic Development Corporation and Foursquare Healthcare, LTD., for qualifying site improvements to a property for a skilled nursing facility up to $800,000.00. (EDC) b. Consider/Discuss/Action on Resolution No. 2025-10-13 approving and adopting the 2025 Community Development and Economic Development Strategic Plan. (CDC/EDC) 6. Director's Report. a. Strategic Plan Update b. Financial Report / Sales Tax Update c. Event Updates / Upcoming Events / Reminders 7. Closed Session. a. Consult with legal counsel 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); Grant program; Lease agreement and professional services contract. Pending Contracts. b. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase. c. Discuss or deliberate personnel matters: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (Tex. Gov't Code §551.074). d. 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); potential retail and medical projects. 8. Reconvene into open session and take any action on closed session items. 9. Receive reports from staff or Board Members about items of community interest. 10. Adjourn. This is to certify that I, Joey Grisham, Director of Economic Development, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 09/26/2025. ______________________________ Joey Grisham, Director of Economic Development IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. 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 Meetings Act. In accordance with the Americans with Disabilities Act, it is the policy of the City of Anna to offer its public programs, services, and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format, or if you require any other accommodation, please contact the ADA Coordinator at least 48 working hours in advance of the event by emailing adacompliance@annatexas.gov. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. Item No. 3. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Neighbor Comments. SUMMARY: Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. STAFF RECOMMENDATION: ATTACHMENTS: Item No. 4.a. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Salena Tittle AGENDA ITEM: Approve minutes from the September 4, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) SUMMARY: Review and approve the meeting minutes from the September 4, 2025, Joint CDC/EDC Meeting. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. September 4_2025 CDC EDC Joint Meeting Minutes_Draft Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, September 4, 2025 @ 6:00 PM The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a joint meeting at 6:00 PM on Thursday, September 4, 2025, at the Anna Municipal Complex in City Council Chambers, located at 120 W. 7th Street, Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: Agenda and Minutes 1. Call to Order, Roll Call, and Establishment of Quorum. The meeting was called to order by Board President Bruce Norwood at 6:00 PM. Members Present: Board President Bruce Norwood Board Vice-President Manny Singh Board Secretary Dwyke Williams Board Member Noah Nylander Board Member Rocio Gonzalez Board Member Edward Culham Board Member Regina Leachman Others Present: Director of Economic Development Joey Grisham Economic Development Manager Salena Tittle City Attorney Clark McCoy Mayor Pete Cain Council Member Stan Carver Council Member Kelly Patterson-Herndon Absent: Assistant Director of Economic Development Natasha Roach 2. Invocation and Pledge of Allegiance. Board Secretary Dwyke Williams led the Invocation and Pledge of Allegiance. Neighbor Comments. Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. There were none. Consent Agenda. a. Approve minutes from the August 7, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b. Approve minutes from the August 7, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) MOTION: Board Member Edward Culham made a motion on behalf of the CDC and EDC to approve Consent Agenda Items, 4a & 4b. Board Vice- President Manny Singh seconded the motion. In a 7-0 vote, all were in favor. Motion passed. Individual Consideration. a. Consider/Discuss/Action on a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a tax-exempt loan in an amount not to exceed $1,442,381.90. (CDC) MOTION: Board President Bruce Norwood made a motion on behalf of the CDC to approve a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a tax-exempt loan in an amount not to exceed $1,442,381.90. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. b. Consider/Discuss/Action on a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a taxable loan in an amount not to exceed $916,754.34. (CDC) MOTION: Board Member Regina Leachman made a motion on behalf of the CDC to approve a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a taxable loan in an amount not to exceed $916,754.34. Board Member Noah Nylander seconded the motion. In a 7-0 vote, all were in favor. Motion passed. c. Consider/Discuss/Action on Resolution No. 2025-09-11 to approve an amendment to the 2024-2025 fiscal year budget for reallocation of funds and to authorize and direct staff to make a payment on the $916,754.34 taxable loan referenced above in the amount of $500,000 to reduce the principal of said loan. (CDC) MOTION: Board President Bruce Norwood made a motion on behalf of the CDC to approve Resolution No. 2025-09-11 to amend the 2024-2025 fiscal year budget for reallocation of funds and to authorize staff to make a payment in the amount of $500,000 to reduce the principle on the $916,754.34 taxable loan. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. d. Consider/Discuss/Action on a recommendation to cancel the November 6, 2025, CDC/EDC Joint Board Meeting. MOTION: Board President Bruce Norwood made a motion on behalf of the CDC and EDC to cancel the November 6, 2025, CDC/EDC Joint Board Meeting. Board Member Regina Leachman seconded the motion. In a 7-0 vote, all were in favor. Motion passed. e. Consider/Discuss/Action on a recommendation to conduct the November CDC/EDC Joint Board Meeting on Thursday, November 13, 2025, at 6:00 p.m. in Council Chambers of the Municipal Complex located at 120 W. 7th Street. MOTION: Board President Bruce Norwood made a motion on behalf of the CDC and EDC to conduct the November Joint Board Meeting on November 13, 2025, at 6:00 p.m. in Council Chambers. Board Member Edward Culham seconded the motion. In a 7-0 vote, all were in favor. Motion passed. 6. Director's Report. a. Strategic Plan Update Economic Development Manager, Salena Tittle, gave a brief overview of the highlights for the month of August. Those highlights included: Farmers Bank & Trust Grand Opening and Ribbon Cutting, Coffee & Connections, Dallas Business Alliance Podcast, CUTX Roundtable Luncheon, BRE Alliance Quarterly Meeting, Holt Cat Hiring Event, and Collin County Community Difference Discussion Event. No Action Taken b. Financial Report / Sales Tax Update Director of Economic Development, Joey Grisham, presented the Board with updated information on increased sales tax & CDC sales tax for the month of June 2025, which is up approximately 4% from the previous year. No Action Taken c. Event Updates / Upcoming Events / Reminders Economic Development Manager, Salena Tittle, provided an update on the Holt Cat Hiring Event which was held at the Municipal Complex and reminded the Board of a couple of items: the upcoming TEDC Sales Tax Workshop which is scheduled for October 17th and the Kroger Groundbreaking event which is scheduled for September 26th. Mrs. Tittle also reminded the Board to like, follow, and share the EDC's social media pages in order to continue getting the most up to date information to our local businesses and neighbors. No Action Taken 7. Closed Session. MOTION: Board President Bruce Norwood made a motion to enter into closed session. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. The CDC/EDC Board entered into closed session at 6:19 PM. a. Consult with legal counsel 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); Grant program; Lease agreement and professional services contract. Pending Contracts. b. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase. c. Discuss or deliberate personnel matters: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or, (2) to hear a complaint or charge against an officer or employee. (Tex. Gov’t Code §551.074). d. 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); potential retail and medical projects. 8. Reconvene into open session and take any action on closed session items. Board President Bruce Norwood called the CDC/EDC Board Meeting back into open session at 7:18 PM. Board President Bruce Norwood made a motion to approve a Resolution of the Anna Community Development Corporation approving and authorizing an incentive agreement with the 4th & Main Barber Co. Board Vice-President Manny Singh seconded the motion. In a 7-0 vote, all were in favor. Motion passed. 9. Receive reports from staff or Board Members about items of community interest. There were none. 10. Adjourn. Board President Bruce Norwood adjourned the meeting at 7:19 PM. Approved on the 2nd day of October, 2025. APPROVED: ATTESTED: __________________________ __________________________ Bruce Norwood Dwyke Williams President of CDC/EDC Secretary of CDC/EDC Item No. 4.b. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Salena Tittle AGENDA ITEM: Approve minutes from the September 4, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) SUMMARY: Review and approve the meeting minutes from the September 4, 2025, Joint CDC/EDC Meeting. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. September 4_2025 CDC EDC Joint Meeting Minutes_Draft Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, September 4, 2025 @ 6:00 PM The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a joint meeting at 6:00 PM on Thursday, September 4, 2025, at the Anna Municipal Complex in City Council Chambers, located at 120 W. 7th Street, Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: Agenda and Minutes 1. Call to Order, Roll Call, and Establishment of Quorum. The meeting was called to order by Board President Bruce Norwood at 6:00 PM. Members Present: Board President Bruce Norwood Board Vice-President Manny Singh Board Secretary Dwyke Williams Board Member Noah Nylander Board Member Rocio Gonzalez Board Member Edward Culham Board Member Regina Leachman Others Present: Director of Economic Development Joey Grisham Economic Development Manager Salena Tittle City Attorney Clark McCoy Mayor Pete Cain Council Member Stan Carver Council Member Kelly Patterson-Herndon Absent: Assistant Director of Economic Development Natasha Roach 2. Invocation and Pledge of Allegiance. Board Secretary Dwyke Williams led the Invocation and Pledge of Allegiance. Neighbor Comments. Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. There were none. Consent Agenda. a. Approve minutes from the August 7, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b. Approve minutes from the August 7, 2025, Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) MOTION: Board Member Edward Culham made a motion on behalf of the CDC and EDC to approve Consent Agenda Items, 4a & 4b. Board Vice- President Manny Singh seconded the motion. In a 7-0 vote, all were in favor. Motion passed. Individual Consideration. a. Consider/Discuss/Action on a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a tax-exempt loan in an amount not to exceed $1,442,381.90. (CDC) MOTION: Board President Bruce Norwood made a motion on behalf of the CDC to approve a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a tax-exempt loan in an amount not to exceed $1,442,381.90. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. b. Consider/Discuss/Action on a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a taxable loan in an amount not to exceed $916,754.34. (CDC) MOTION: Board Member Regina Leachman made a motion on behalf of the CDC to approve a Resolution of the Board of Directors of the Anna Community Development Corporation regarding a taxable loan in an amount not to exceed $916,754.34. Board Member Noah Nylander seconded the motion. In a 7-0 vote, all were in favor. Motion passed. c. Consider/Discuss/Action on Resolution No. 2025-09-11 to approve an amendment to the 2024-2025 fiscal year budget for reallocation of funds and to authorize and direct staff to make a payment on the $916,754.34 taxable loan referenced above in the amount of $500,000 to reduce the principal of said loan. (CDC) MOTION: Board President Bruce Norwood made a motion on behalf of the CDC to approve Resolution No. 2025-09-11 to amend the 2024-2025 fiscal year budget for reallocation of funds and to authorize staff to make a payment in the amount of $500,000 to reduce the principle on the $916,754.34 taxable loan. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. d. Consider/Discuss/Action on a recommendation to cancel the November 6, 2025, CDC/EDC Joint Board Meeting. MOTION: Board President Bruce Norwood made a motion on behalf of the CDC and EDC to cancel the November 6, 2025, CDC/EDC Joint Board Meeting. Board Member Regina Leachman seconded the motion. In a 7-0 vote, all were in favor. Motion passed. e. Consider/Discuss/Action on a recommendation to conduct the November CDC/EDC Joint Board Meeting on Thursday, November 13, 2025, at 6:00 p.m. in Council Chambers of the Municipal Complex located at 120 W. 7th Street. MOTION: Board President Bruce Norwood made a motion on behalf of the CDC and EDC to conduct the November Joint Board Meeting on November 13, 2025, at 6:00 p.m. in Council Chambers. Board Member Edward Culham seconded the motion. In a 7-0 vote, all were in favor. Motion passed. 6. Director's Report. a. Strategic Plan Update Economic Development Manager, Salena Tittle, gave a brief overview of the highlights for the month of August. Those highlights included: Farmers Bank & Trust Grand Opening and Ribbon Cutting, Coffee & Connections, Dallas Business Alliance Podcast, CUTX Roundtable Luncheon, BRE Alliance Quarterly Meeting, Holt Cat Hiring Event, and Collin County Community Difference Discussion Event. No Action Taken b. Financial Report / Sales Tax Update Director of Economic Development, Joey Grisham, presented the Board with updated information on increased sales tax & CDC sales tax for the month of June 2025, which is up approximately 4% from the previous year. No Action Taken c. Event Updates / Upcoming Events / Reminders Economic Development Manager, Salena Tittle, provided an update on the Holt Cat Hiring Event which was held at the Municipal Complex and reminded the Board of a couple of items: the upcoming TEDC Sales Tax Workshop which is scheduled for October 17th and the Kroger Groundbreaking event which is scheduled for September 26th. Mrs. Tittle also reminded the Board to like, follow, and share the EDC's social media pages in order to continue getting the most up to date information to our local businesses and neighbors. No Action Taken 7. Closed Session. MOTION: Board President Bruce Norwood made a motion to enter into closed session. Board Secretary Dwyke Williams seconded the motion. In a 7-0 vote, all were in favor. Motion passed. The CDC/EDC Board entered into closed session at 6:19 PM. a. Consult with legal counsel 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); Grant program; Lease agreement and professional services contract. Pending Contracts. b. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase. c. Discuss or deliberate personnel matters: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or, (2) to hear a complaint or charge against an officer or employee. (Tex. Gov’t Code §551.074). d. 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); potential retail and medical projects. 8. Reconvene into open session and take any action on closed session items. Board President Bruce Norwood called the CDC/EDC Board Meeting back into open session at 7:18 PM. Board President Bruce Norwood made a motion to approve a Resolution of the Anna Community Development Corporation approving and authorizing an incentive agreement with the 4th & Main Barber Co. Board Vice-President Manny Singh seconded the motion. In a 7-0 vote, all were in favor. Motion passed. 9. Receive reports from staff or Board Members about items of community interest. There were none. 10. Adjourn. Board President Bruce Norwood adjourned the meeting at 7:19 PM. Approved on the 2nd day of October, 2025. APPROVED: ATTESTED: __________________________ __________________________ Bruce Norwood Dwyke Williams President of CDC/EDC Secretary of CDC/EDC Item No. 5.a. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Natasha Roach AGENDA ITEM: Consider/Discuss/Action to approve Resolution No. 2025-10-14 for an Incentive Agreement between Anna Economic Development Corporation and Foursquare Healthcare, LTD., for qualifying site improvements to a property for a skilled nursing facility up to $800,000.00. (EDC) SUMMARY: Foursquare Healthcare owns and manages senior care facilities in Texas that specialize in short-term rehabilitation, skilled nursing, and long-term nursing care. This development will include two phases; one for a medical lodge and the second for medical offices. The capital investment for this development is approximately $26,000,000.00, The Anna Medical Lodge consists of 5.5 acres and will house 128 beds and employ approximately 100 skilled and non-skilled jobs. The Medical Office consists of 8 acres and is expected to accommodate targeted, freestanding physician offices, employing approximately 80 skilled and non-skilled jobs. Currently, the land is an undeveloped site that will require major site improvements, including water and sewer infrastructure, a gas line and extension, and required roadway and paving improvements. The Anna EDC has committed to reimbursing the developer up to $800,000.00 for the reasonable construction costs of certain site improvements. The developer will submit proper documentation to the EDC for those approved expenditures before any reimbursement of funds is executed. STAFF RECOMMENDATION: Staff recommends approval of the Incentive Agreement between Anna Economic Development Corporation and Foursquare Healthcare. ATTACHMENTS: 1. 2025-10-14 EDC Resolution - Foursquare Incentive Agreement 2. Foursquare Incentive Agreement Final 09.22.2025 ANNA ECONOMIC DEVELOPMENT CORPORATION the Anna Economic Development Corporation (the “EDC”) wishes to enter into an Economic Development Incentive Agreement with Foursquare Healthcare, Ltd., (the “Owner”), a copy of which is attached as Exhibit A (the “Incentive Agreement”); and , the City of Anna, Texas (the “City”) and the Owner entered into that certain Development Agreement effective as of September 12, 2025, (the “Development Agreement”); and , unless the Incentive Agreement clearly indicates otherwise, capitalized words in this resolution shall have the meanings as defined under the Development Agreement; and , the Owner owns or intends to own the Property that is the subject of the Development Agreement and to develop the Property for a nursing facility and other associated uses permitted under the Development Agreement (collectively, the “Project”) with enhanced development standards; and , the EDC recognizes the positive economic impact that the nursing facility will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue; and , the EDC is authorized to grant the Incentive Grant under Chapter 504 of the Texas Local Gov’t Code and other applicable law; Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Incentive Agreement; Authorization to Execute The EDC Board of Directors hereby approves the Incentive Agreement attached hereto as Exhibit A, incorporated herein for all purposes, and authorizes the EDC President or Vice President to execute same on its behalf, subject to approval as to form by legal counsel for the EDC. PASSED AND APPROVED by the Anna Economic Development Corporation on this ______, day of _____________ 2025. ATTEST: APPROVED: _____________________________ ____________________________ Bruce Norwood, EDC President Dwyke Williams, EDC Secretary ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 1 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (this “Incentive Agreement”) is made and entered into as of _________, 2025 (the “Effective Date”), by and between the Anna Economic Development Corporation (the “EDC”) and Foursquare Healthcare, Ltd., a Texas limited partnership (“Owner”) (each a “Party” and collectively the “Parties”). WHEREAS, the City of Anna, Texas (the “City”) and the Owner entered into that certain Development Agreement effective as of __________________, 2025, a copy of which is attached as Exhibit 1 (the “Development Agreement”); and WHEREAS, unless the context in this Incentive Agreement clearly indicates otherwise, capitalized words in this Incentive Agreement shall have the meanings as defined under the Development Agreement; and WHEREAS, the Owner desires to develop the Property for a nursing facility and other associated uses permitted under the Development Agreement (collectively, the “Project”) with enhanced development standards; and WHEREAS, the Property that is the subject of the Development Agreement will be annexed into the corporate limits of the City and municipal services will be provided to the Property in accordance with the Development Agreement; and WHEREAS, the EDC Board of Directors has determined that the economic development incentive granted to Owner in accordance with this Incentive Agreement will promote local economic development, stimulate commercial and business activity, provide for employment, generate additional sales tax and enhance the property tax base and economic vitality of the City; and NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the EDC and Owner covenant and agree as follows: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties’ intent under this Incentive Agreement. Section 2. Performance Standards, Job Creation, and Capital Investment. As a condition to the payment of the reimbursement incentive described in Section 3 of this Incentive Agreement, the Owner must: (1) meet its obligations under the Development Agreement including without limitation: (i) taking all actions necessary to allow for annexation of the Property into the City’s corporate limits; (ii) meeting all of its obligations and timely satisfying all of the deadlines set forth in Section 4 “Development Deadlines” of ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 2 the Development Agreement; and (iii) timely obtaining certificates of occupancy for the buildings constructed for the Project in accordance with the approved Building Plans; (2) provide satisfactory proof to the EDC that it has—at the time of obtaining the above-referenced certificates of occupancy—created job positions employing at least 40 full-time equivalent employees physically located and working full-time on the Property; (3) provide satisfactory proof to the EDC that it has made a capital investment to the Property in the amount of at least $26,985,793.00; (4) fully complete construction of certain site improvements (the “Site Improvements”) on the Property as shown on Exhibit 2 and (5) provide documentation in the form of receipts or cancelled checks with a copy of the invoice to the EDC of its total costs for the design and construction of the Site Improvements (the “Site Improvement Costs”). Section 3. Reimbursement Incentive. In exchange for Owner fully and timely satisfying its obligations under the Development Agreement and under this Incentive Agreement— including without limitation completion of the Site Improvements—the EDC shall reimburse Owner in a total amount up to $800,000.00 (the “Maximum Reimbursement Amount”) for the Site Improvement Costs; provided, however, that if the Site Improvement Costs are in an amount less than the Maximum Reimbursement Amount, Owner shall only be reimbursed for the amount of the Site Improvement Costs. In no event shall the EDC be required to provide reimbursements in an amount greater than the Maximum Reimbursement Amount even if the amount of the Site Improvement Costs exceeds the Maximum Reimbursement Amount. Section 4. Termination Provisions. (a) Termination. This Incentive Agreement terminates on the earlier of: (i) 42 months after the Effective Date; or (ii) the date that the Parties have satisfied each of their respective obligations under this Incentive Agreement. Prior to the earlier of such dates, this Incentive Agreement may be terminated upon any one or more of the following: (1) by mutual written agreement of the Parties; (2) by a Party, if another Party defaults or breaches any of the terms or conditions of this Incentive Agreement, and such default or breach is not cured within ninety (90) days, after written notice thereof; provided, it shall not constitute a breach or default if corrective action is instituted by or on behalf of such Party within the ninety (90) day period and diligently pursued until the breach or default is corrected; provided, further that a Party will ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 3 not be deemed to be in breach, default or otherwise in violation of any term of this Incentive Agreement (other than the obligation to make a payment) to the extent such Party’s action, inaction or omission is the result of a Force Majeure Event as defined herein; (3) by the EDC if any taxes or assessments owed to the City or the State of Texas by Owner with respect to the Property or the Project shall have become delinquent (provided, however, Owner retains the right to timely and properly protest and contest any such taxes or assessments); or (4) by the EDC if Owner suffers a Bankruptcy or Insolvency. (b) Effect of Termination. Except to the extent expressly stated herein, upon termination of this Incentive Agreement, the Parties shall have no further liabilities or obligations under this Incentive Agreement. Section 5. Binding Agreement. The terms and conditions of this Incentive Agreement are binding upon the successors and permitted assigns of the Parties. Section 6. Limitation on Liability. It is understood and agreed between the Parties that Owner in satisfying the conditions of this Incentive Agreement has acted independently, and the EDC assumes no responsibilities or liabilities to third parties in connection with Owner’s actions. Nothing in this Incentive Agreement waives any immunities and/or limitations on damages otherwise available to a Party as relates to any claims or proceeding brought or pursued by any third party. Section 7. No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. Section 8. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Incentive Agreement. Section 9. Construction of Agreement; Venue. This Incentive Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Incentive Agreement shall lie exclusively in Collin County, Texas. Section 10. Notices. Any notices required or permitted to be given hereunder shall be given by hand delivery with proof of delivery or certified or registered mail, return receipt requested, to the addresses set forth below. Any notice sent by certified or registered mail shall be deemed delivered three days after deposit with USPS with proper postage paid. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 4 If to the EDC: Anna Economic Development Corporation Attn: City Manager/Economic Development Director 120 W. 7th Street Anna, Texas 75409 With a Copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Ste. 300 Frisco, Texas 75034 If to Owner: Foursquare Healthcare Attn: Shane Lewis 1309 Ridge Road Rockwall, TX 75087 Section 11. Attorney's Fees to Prevailing Party. In the event any Party initiates or defends any legal action or proceeding against another Party to enforce or interpret any of the terms of this Incentive Agreement, the prevailing Party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). Section 12. Entire Agreement; Binding Effect of Agreement. This Incentive Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. Section 13. Insurance; INDEMNIFICATION and HOLD HARMLESS. (a) Owner shall obtain and maintain, and shall require all contractors and subcontractors to obtain and maintain: (i) workers compensation insurance in the amount required by law; and (ii) Commercial General Liability Insurance including broad form property damage liability coverage, personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this Incentive Agreement, with limits of liability for bodily injury, death and proper damage of not less than $1,000,000.00 for each occurrence of bodily or property damage or personal injury and a $2,000,000.00 umbrella insurance policy. Upon request of the EDC, Owner shall provide to the EDC written evidence that such insurance is being maintained in full force and effect during the construction of the Project. Coverage described in subsection (ii), above, must be on a “per occurrence” basis. All such insurance shall: (A) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide and licensed to do business in the State of Texas; and (B) name the EDC as an additional insured and contain a waiver of subrogation endorsement in favor of the EDC. Each such policy shall provide that, at least 30 days prior to the cancellation, non- renewal or modification of the same, the EDC shall receive written notice of such cancellation, non-renewal or modification. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 5 (b) OWNER AND ITS SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE EDC AND ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE EDC OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF OWNER, INCLUDING THE NEGLIGENCE OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF THE PROJECT, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS INCENTIVE AGREEMENT OR THE DEVELOPMENT AGREEMENT (TOGETHER, “CLAIMS”); AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY’S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. OWNER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE EDC AGAINST CLAIMS CAUSED BY THE EDC’S SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE EDC INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF OWNER AND THE EDC, OWNER’S INDEMNITY OBLIGATION(S) WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO OWNER’S OWN PERCENTAGE OF RESPONSIBILITY. OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE EDC AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS INCENTIVE AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE EDC’S RELIANCE UPON OWNER’S REPRESENTATIONS IN THIS INCENTIVE AGREEMENT; (2) THIS INCENTIVE AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. Section 14. Force Majeure. Whenever a period of time is prescribed in this Incentive Agreement for a Party (the ”Acting Party“) to take or complete an action (other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the “Force Majeure Period“) of delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds (“Force Majeure“). However, a date will only be extended by a Force Majeure Period if the Acting Party ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 6 gives reasonable notice to the other Party of the occurrence or commencement of the event that constitutes Force Majeure within a reasonable period of time after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Party’s performance; (ii) all of the measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party will be able to resume performance, which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure. Section 15. Facsimile. A telecopied or electronic facsimile of a duly executed counterpart of this Incentive Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. Section 16. Severability. Invalidation of any one of the provisions of this Incentive Agreement by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable and that comes closest to expressing the Parties' original intent. Section 17. Authority to Execute Agreement. This Incentive Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The EDC warrants and represents that (1) it has all requisite power and authority under the Constitution and laws of the State of Texas to enter into and perform its obligations under this Incentive Agreement, and (2) the individual executing this Incentive Agreement on behalf of the EDC has full authority to execute this Incentive Agreement and bind the EDC to the same. Owner warrants and represents that the individual executing this Incentive Agreement on its behalf has full authority to execute this Incentive Agreement and bind Owner to same. Section 18. Employment of Undocumented Workers. During the term of this Incentive Agreement, Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Owner shall repay the amount of any Reimbursement Payment or other funds received by Owner from the EDC from the date of this Incentive Agreement to the date of such violation within 120 days after the date Owner is notified by the EDC of such violation, plus interest at the rate of 4% compounded annually from the date of violation until paid. Owner is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Owner or by a person with whom Owner contracts. Section 19. Statutory Verifications. Owner makes the following representations and covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as heretofore amended (the “Government Code”), in entering into this Incentive Agreement. As used in such verifications, “affiliate” means an entity that controls, is controlled by, or is under common control with Owner within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Liability for breach of any such verification during the term of this Incentive Agreement shall survive until barred by the applicable statute of limitations, and shall not be liquidated or ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 7 otherwise limited by any provision of this Incentive Agreement, notwithstanding anything in this Incentive Agreement to the contrary. a. Not a Sanctioned Company. Owner represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing representation excludes Owner and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. b. No Boycott of Israel. Owner hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Incentive Agreement. As used in the foregoing verification, “boycott Israel” has the meaning provided in Section 2271.001, Government Code. c. No Discrimination Against Firearm Entities. Owner hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Incentive Agreement. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” has the meaning provided in Section 2274.001(3), Government Code. d. No Boycott of Energy Companies. Owner hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Incentive Agreement. As used in the foregoing verification, “boycott energy companies” has the meaning provided in Section 2276.001(1), Government Code. Section 20. Amendment. This Incentive Agreement may only be amended by a written agreement executed by the Parties. Section 21. Recitals. The recitals in this Incentive Agreement are true and correct, represent representations and warranties of the Parties, and are incorporated as part of this Incentive Agreement for all purposes. Section 22. Counterparts. This Incentive Agreement may be executed in counterparts, each of which shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. Section 23. Exhibits. All exhibits to this Incentive Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 8 Section 24. Survival of Covenants. Any covenants of the Parties that are to be performed after termination of this Incentive Agreement shall survive termination of this Incentive Agreement. Section 25. Assignment. This Incentive Agreement may not be assigned by Owner, in whole or in part, without the prior written consent of the EDC, which shall not be unreasonably withheld, delayed or conditioned; provided, however, Owner may assign this Incentive Agreement to any affiliate of Owner or to any buyer of all or a portion of the Property without the prior consent of the EDC. Any attempted assignment by Owner in violation of the terms and provisions of this section shall be void. [Signatures to follow] ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 9 IN WITNESS WHEREOF, the parties hereto have caused this Incentive Agreement to be executed as of the date first above written. ANNA ECONOMIC DEVELOPMENT CORPORATION By: ________________________________ Bruce Norwood, its President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ______ day of ______________ 2025, appeared Bruce Norwood, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of the Anna Economic Development Corporation. ______________________________ Notary Public, State of Texas EXHIBIT 1 DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement ") is entered effective as of September 12 , 2025 ("Effective Date ") between the City of Anna , Texas , a Texas home-rule municipality (the "City") and Foursquare Healthcare , Ltd., a Texas limited partnership ("Owner") as follows: RECITALS WHEREAS , the City and the Owner are sometimes referenced herein collectively as the "Parties " or individually as a "Party "; and WHEREAS , the Owner owns or intends to acquire ownership of a tract of real property being described in Exhibit A and depicted on Exhibit B (the "Property"); and WHEREAS , the Property is located within the extraterritorial jurisdiction of the City (the "ETJ") and within the City 's Certificate of Convenience and Necessity for the provision of retail water and sewer service; and WHEREAS , the Owner desire s to develop the Property for a nursing facility on the 6.0- acre site as shown in Exhibit B (the "Six-Acre Site ") and zoning classification C-1 permitted use facilities to be designed and constructed in the future (collectively , the "Project") as set forth in this Agreement (the "Development Standards "); and WHEREAS , the Parties desire to enter into this Agreement under Section 212.172, Texas Local Government Code , for the purposes stated therein and including , without limitation , to : (i) provide for the terms of annexation of the Property into the City limits; (ii) provide for the dedication , construction, and financing of infrastructure necessary to serve the Property and the Project and that benefit the City and the public; (iii) authorize the enforcement of certain land use and development regulations by the City other than those otherwise applicable within the City limits; (iv) specify the use and development of the Property before and after annexation; and (v) establish those other lawful terms and considerations regarding the Property and the Project deemed appropriate by the Parties; and WHEREAS, the Parties desire that the Property be annexed into the City's corporate limits promptly after Owner acquires the Property and that the Owner commences development of the Property promptly after the adoption of an ordinance by the City annexing the Property in accordance with this Agreement , and the approval of all required plans and permits for the Project; and WHEREAS , the Parties acknowledge that the City has provided the landowner of the Property, whether one or more , with: (1) a statement that the landowner is not required to enter into this Agreement ; (2) a reference to the authority under which the City may annex the Property including without limitation Subchapter C-3 , Chapter 43, Texas Local Government Code ; (3) a plain-language description of the annexation procedures applicable to the Property ; ( 4) a statement that said procedures require the landowner 's consent ; and (5) a statement regarding the municipality's limited waiver of immunity to suit ; and DEVELOPMENT AGREEMENT Page 1 WHEREAS, it is the Parties ' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this Agreement ; NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants , duties and obligations. contained herein , the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date . SECTION 1. RECITALS INCORPORATED. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. A. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations unless expressly stated to the contrary in this Agreement. City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. It is expressly understood and the Parties agree that City Regulations applicable to the Property and its use and development include but are not limited to City Code provisions , ordinances, design standards, uniform codes, zoning regulations (but only to the extent not affected by this Agreement), and other policies duly adopted by the City including without limitation any such regulations or requirements that would otherwise be affected in any manner by Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"), all of which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, "City Regulations" mean the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances, design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat or other initial development application/submittal for that phase unless construction has not commenced within two years of approval of such preliminary plat or other approval in which case the construction standards shall be those that the City has duly adopted at the time that construction commences . B . With respect to all structures/development within the Property , Owner agrees to comply and to cause all other persons or entities to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances ("Am1a Code") and with the following DEVELOPMENT AGREEMENT Page2 standards (in the event of any conflict, the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent Owner must agree in writing to assume Owner's responsibilities set forth herein ; provided, however, a Subsequent Owner's failure to agree in writing does not alleviate a Subsequent Owner from being fully bound by this Agreement and this Agreement shall for all purposes run with the land and be binding on all Subsequent Owners . For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Owner or Owner's successor in title to the Property or any part thereof. C . Owner agrees that the Property shall be developed in conformance with the concept plan attached as Exhibit B as relates to the Six-Acre Site , except as deviations are permitted under Exhibit C. Owner further agrees that the mandatory Development Standards for the Property and Project are as set forth in Exhibit C. SECTION 3. ANNEXATION, LAND USE AND ZONING. A. Annexation and Services . Notwithstanding any provision in this Agreement, this Section 3 .A. shall only be applicable to the extent that the Property has not been validly annexed into the City 's corporate limits on or before the Effective Date . (1) Annexation. Pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code , this Agreement, as of the Effective Date , shall constitute Owner 's agreement to petition for the voluntary am1exation of the Property into the corporate limits of the City . Owner shall submit an annexation petition/application to the City on the City 's standard form (the "Annexation Petition") within sixty ( 60) days after the Acquisition Date . Owner shall further execute and supply any and all instruments and/or other documentation necessary for the City to legally annex the Property. The City shall , in accordance with applicable statutory requirements , take all steps necessary to complete the annexation of the Property within ninety (90) days following the date that Owner submits the Annexation Petition. Should the City fail to complete the annexation of the Property in accordance with this Agreement, Owner shall have the right to terminate this Agreement with 30 calendar days ' advance notice to the City; provided , however, that such termination shall not occur if the City completes the annexation of the Property before the expiration of said 30 calendar days ' advance notice provided by Owner. (2) Services. Pursuant to Section 43 .0672 , Texas Local Government Code , this Agreement shall further constitute an agreement for the provision of services to the Property to the extent the City provides such services to other properties within the City's corporate limits having similar topography, land use and density . Immediately upon the annexation of the Property , the Property shall be entitled to receive the municipal services set forth herein: (i) on the same terms as other property within the City's corporate limits; (ii) at the same rates as then provided within the City's corporate limits , and (iii) without discrimination. Said municipal services include: DEVELOPMENT AGREEMENT Page3 (a) Police Protection . On the effective date of annexation , the City of Anna , Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography , land use , and population density within the newly annexed area. (b) Fire Protection . On the effective date of annexation , the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography , land use, and population density within the newly annexed area . (c) Emergency Medi cal Servi ces . On the effective date of annexation, the City of Anna , Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. (d) Solid Waste Collection. On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another similarly qualified service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna , Texas with similar topography, land use , and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City 's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. (e) Retail Water and Wastewater Facilities . On the effective date of annexation, the City shall not provide water or wastewater services to the newly annexed area but shall supply said services on a schedule that comports with the development of the Property subject to subsection (f), below . Any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by or on behalf of the City of Anna, Texas . Of such facilities , the City will maintain the main water transmission and wastewater collection lines . If, at some point in the future, the City provides water or wastewater services to all or any part of the DEVELOPMENT AGREEMENT Page 4 newly annexed area , all water and wastewater service lines from any building to the easement or right-of-way line City's main lines, shall be maintained solely by the property owner served by the service connection. (f) Water and Wastewater CCN. As of the effective date of annexation, the newly annexed area is located in the City's Certificate of Convenience and Necessity ("CCN") for retail water and wastewater service. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally , these ordinances state that the landowner or customer must bear the cost of constmction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided . All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, utilities, and other development ordinances and requirements. (g) Roads and Streets . On the effective date of annexation , any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way , roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna , Texas pursuant to the rules , regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. (h) Parks, Playgrounds, and Other Publicly Owned Facilities . The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, DEVELOPMENT AGREEMENT Page 5 playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. (i) Other Municipal Services. Following annexation by the City of Anna, Texas, the City will provide or cause to be provided code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. Except as set forth to the contrary in this Agreement, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits . The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. B . Development and Zoning. (1) The Project is permitted to be developed on the Property under the terms of this Agreement. The Project shall be located within the Property, shall comply with the Development Standards set forth in Exhibit C, and shall be generally consistent with the Concept Plan attached hereto as Exhibit B, including any amendments to the Concept Plan permitted by the City Council. Future development of the Property outside of the Six-Acre Site will require separate approvals by the City in accordance with City Regulations. (2) The Parties do not anticipate that the Property will be zoned by the City unless such zoning is in accordance with this Agreement, including without limitation the Permitted Land Use, and such zoning does not include any more stringent development standards or other regulations as those set forth herein without Owner's written consent to any such development standards or regulations . The "Permitted Land Use" is limited to: (1) Skilled Nursing Facility licensed by the State of Texas, Adult Day Services, Assisted Living Facility, Medical Care Facility and /or Medical Office as such terms are defined or described in Anna Code, Article 9.04, as of the Effective Date and (2) any other uses permitted under Local Commercial (C-1) District except for the Prohibited Land Uses identified in Exhibit C, and other applicable City Regulations. Regardless of zoning regulations that may be adopted by the City this Agreement shall control to the extent of any conflict unless the Owner consents in writing to any such conflicting provision. DEVELOPMENT AGREEMENT Page 6 SECTION 4. DEVELOPMENT DEADLINES. A. Deadlines. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines as relates to the Six-Acre Site : I. Within 120 days of the Effective Date, Owner will have submitted a preliminary site plan, tree preservation plan, and preliminary civil engineering plans for development of the Six-Acre Site. 2. Within 180 days after City has approved the preliminary site plan, tree preservation plan, and preliminary civils, Owner shall have submitted preliminary plat, site plan, landscape plan, lighting plan, and full civil engineering plans for the Six-Acre Site . 3. A preconstruction meeting between Owner and City staff shall occur within 90 days of final approval of the civil engineering plans. 4. Site construction pursuant to final approved civil plans must commence within 120 days after the preconstruction meeting. 5. Owner must submit plans and specifications for the buildings and other improvements not part of the civil plans (the "Building Plans") no later than 120 days after civil engineering plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City, (b) completion of all construction pursuant to the civil plans, or ( c) acceptance of all civil construction and public improvements by the City, Owner must submit an application for a building permit within 60 days thereafter (including without limitation the payment of all fees due to the City as required to develop the Property). 6. Vertical Construction of buildings and other facilities pursuant to the Building Plans for approved structures must commence within 180 days after approval of a building permit. "Vertical Construction" shall mean the construction of the foundation of the buildings and related support structures is completed and construction of the building's exterior walls at ground level has commenced. 7 . All conditions and requirements for the City to issue a certificate of occupancy for all buildings approved to be constructed must be satisfied within 240 days of the commencement of vertical construction. B . Not by way of limitation as to other material te1ms and conditions, the deadlines stated above are material terms and conditions of this Agreement and any failure to meet any DEVELOPMENT AGREEMENT Page 7 of the deadlines abo ve ( each , a "Deadline Default") is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default , the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification . In the event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim , cause of action , litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION 5. DEFAULT. If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails to comply with any of the material terms and conditions included in this Agreement (such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following non-exclusive and cumulative remedies. A . Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation building permits and certificates of occupancy. B . The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to comply with the Development Standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs . The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the Parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C. The non-defaulting party will additionally have any and all remedies available to it at equity or in law. DEVELOPMENT AGREEMENT Page 8 D. Notwithstanding the foregoing , a Defaulting Owner shall not be liable for the remedies under this section unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after 45 calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail ( or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than 45 calendar days to cure , then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 90 days unless agreed to in writing by the Parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the Parties ' respective successors , assigns and personal representatives . This Agreement runs with the land and is binding on all subsequent owners of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent Owner (the "Transferor") conveys , assigns , or transfers its entire interest in the Property or any part thereof (the "Transferred Property") to a Subsequent Owner (the "Transferee") who assumes Transferor's obligations under this Agreement with respect to the Transfen-ed Property, the Transferor shall be automatically released from its obligations under this Agreement relating to the Transferred Property subsequent to the date of transfer. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY (THE "INDEMNIFYING PARTY" WHETHER ONE OR MORE), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS. SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULT ANT FEES, AND OTHER COSTS (TOGETHER, "CLAIMS "), ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN. AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC DEVELOPMENT AGREEMENT Page 9 INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND /OR ANY APPLICABLE DEVELOPMENT STANDARDS AND /OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOT AL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (l) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES ' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the Project or the design, construction or installation of any of the improvements to the Property or related work or undertakings , nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same . This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the tennination of this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits , shall be recorded in the Official Records of Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the Parties regarding the subject matter hereto and supersedes and replaces any prior agreements relating to the same subject matter. SECTION 10. RECITALS AND EXHIBITS. DEVELOPMENT AGREEMENT Page 10 The recitals herein and exhibits attached hereto are hereby incorporated by reference . SECTION 11. AUTHORITY. Owner represents and waITants to the City that the Owner owns the Property or has entered into a contract to acquire the Property and that this Agreement is binding and enforceable on the Owner and the Property . Owner may sell the Property or a part thereof to a person or entity (the "Closing") prior to commencement of site construction on the prope1iy sold, and in such event the Subsequent Owner shall be required to acknowledge and assume all obligations, liabilities and indemnifications under this Agreement. Notwithstanding the foregoing or any other provision of this Agreement to the contrary , this Agreement shall become null and void and neither party shall have an obligations under this Agreement if the Owner is not in full and sole ownership of the Property on or before 60 days after the Effective Date unless such period is extended by the City Council. As of the date that Owner acquires full and sole ownership of the Property (the "Acquisition Date"), this Agreement shall be in full force and effect. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 45 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trnst against the Property or a prospective transferee of an owner's interest or an existing or prospective mortgagee-and provided that such owner is not in material breach of this Agreement-the City will execute and deliver an estoppel certificate stating that, to the best of the City's knowledge: (i) the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto . SECTION 14. FORCE MAJEURE. Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take or complete an action ( other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the "Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds ("Force Majeure"). However, a date will DEVELOPMENT AGREEMENT Page 11 only be extended by a Force Majeure Period if the Acting Party gives reasonable notice to the other Paiiy of the occunence or commencement of the event that constitutes Force Majeure within a reasonable period of time after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing : (i) the extent to which the force majeure event or circumstance continue to prevent the Party's performance; (ii) all of the measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party will be able to resume performance , which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure . SECTION 15. EFFECTIVE DA TE. This Agreement will be effective upon the Effective Date first stated herein. SECTION 16. MISCELLANEOUS. A. Notices . Any and all notices required to be given by either of the Parties hereto must be in writing and will be deemed delivered upon personal service , if hand-delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: To City: To Owner : City Manager City of Anna 120 W 7th Street Anna, Texas 75409 With a copy to: Wolfe , Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 Foursquare Healthcare Attn : Shane Lewis 1309 Ridge Road Rockwall , TX 75087 B. Interpretation . Each Party has been actively involved in negotiating this Agreement. Accordingly , a rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party , regardless of which Party originally drafted the provision . Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. DEVELOPMENT AGREEMENT Page 12 C. Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. All references to time periods in terms of "days" mean calendar days unless otherwise set forth. D. Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so . Owner represents and warrants that this Agreement has been approved by appropriate action of Owner, and that each individual executing this Agreement on behalf of Owner has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. E . Severability . This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: ( a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the Parties, be rewritten to be enforceable and to give effect to the intent of the Parties ; and ( c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties . F. Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County, Texas . Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in a Collin County District Court. G . Non Waiver. Any failure by a Party to insist upon strict perfonnance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. I. Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties expressly amending the terms of this Agreement. By entering into this Agreement, any previous agreements or understanding between the Parties relating to the same subject matter are null and void. DEVELOPMENT AGREEMENT Page 13 J. Consideration. This Agreement is executed by the Pa1iies hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. K. Statutory Verifications. Owner makes the following representations and covenants pw-suant to Chapters 2252, 2271 , 2274, and 2276, Texas Government Code, as heretofore amended (the "Government Code"), in entering into this Agreement. As used in such verifications, "affiliate" means an entity that controls, is controlled by, or is under common control with Owner within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Liability for breach of any such verification during the term of this Agreement shall survive until ba1Ted by the applicable statute of limitations, and shall not be liquidated or otherwise limited by any provision of this Agreement, notwithstanding anything in this Agreement to the contrary. (1) (2) (3) (4) Not a Sanctioned Company. Owner represents that neither it nor any of its parent company, wholly-or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing representation excludes Owner and each of its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. No Boycott oflsrael. Owner hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries , and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. As used in the foregoing verification, "boycott Israel" has the meaning provided in Section 2271.001, Government Code. No Discrimination Against Firearm Entities. Owner hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification, "discriminate against a firearm entity or firearm trade association" has the meaning provided in Section 2274.001(3), Government Code. No Boycott of Energy Companies. Owner hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. As used in the DEVELOPMENT AGREEMENT Page 14 foregoing verification , "boycott energy companies" has the meanmg provided in Section 2276 .001(1), Government Code . (5) Form 1295. Submitted herewith is a completed Form 1295 in connection with the participation of Owner for the purposes of Section 2252 .908 of the Texas Government Code in the execution of this Agreement generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from Owner to the extent that each constitutes a "business entity" for the purposes of Section 2252.908 of the Texas Government Code, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such fonn. Owner and the City understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295 ; that the information contained in the Form 1295 has been provided solely by Owner ; and, neither the City nor its consultants have verified such information. [ signature page follows] DEVELOPMENT AGREEMENT Page 15 CITY OF ANNA, TEXAS By: ~~ Pete Cain, Mayor IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me , the undersigned notary public , on the 12th day of September 2025 , appeared Pete Cain , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Mayor of the City of Anna, Texas. FO REBECCA L MANTUANO Mot•rt 10 #133931762 MY Gomm1 1110n Expires ~1.111.1,t n , 20:u a Texas limited partnership By: a Texas corporat1 n, its General Partne By: IN WITNESS WH ST A TE OF TEXAS § § COUNTY OF DALLAS § Notary Public , State of Texas Before me , the undersigned notary public , on the 12 th day of September 2025 , appeared Shane Lewis, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Vice President of NC Resources , Inc., a Texas corporation and general partner of Foursquare Healthcare, Ltd ., a Texas limited partnership. I \\,,w,,,, ----,,f~~·-~1;;:,,, JOY ELIZABETH RHOD ES I ) ..... 0 .• • ",,;, [~: *:f} Notary Public , State o f Texas ~_-;;;-.. .-;,_ ... -::"' ID # 13127192-4 , ,,,,,,,f.[.,~"''' My Com m. Expires 09/15/2025 EXHIBIT A PROPERTY DESCRIPTION .. :~b- .. 1'. fJJ ·-r} :~~ ··~ .... : ... ;•N~• EXHIBITB CONCEPT PLAN ' -----------------7 I -I ---·--·------·--===---==== I ,, I ,I ' I ) ' ' ', Cf'_ ......... _;_=::_ ~:..: ·=--.. ------------------------' --------------------' . l --,t l.'5""': I I_ 1. Purpose EXHIBITC DEVELOPMENT STANDARDS The purpose of these Development Standards is to facilitate the development of the Project. 2. Definitions Except as otherwise provided herein, the definitions of the City's Zoning Ordinance 3. Standards and Area Regulations. A. The location of the development districts shall be in substantial conformance with Exhibit B (Concept Plan). B . Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting as pertains to Local Commercial (C-1) District in Article 9 .04 Zoning Ordinance except as otherwise specified herein. C . Prohibited Land Uses. None of the uses listed below shall be permitted on the Property or any part thereof. i . Automotive Uses including but not limited to Auto Parts Sales. Light Auto Repair, and Care Wash 11. Bar UL Brewpub/Wine Bar 1v . CBD Store v. Commercial Amusement, Outdoor VL Convenience Store (with or without Fuel Pumps) v11. Grocery Store vnL Hookah Lounge 1x . Kennel x. Cemetery XL Gas Metering Station (with or without Odorizer) x11. Government Service Yard xm. Radio, TV, or Microwave Operations, Commercial xiv. Donation Collection Bin xv. Fuel Pump xvi. Retail Ice and Dispensed Water Sales xvu . Service Bay xv111. Wind Energy Conservation System xix. Temporary Batching Plant xx. Farmer's Market XXL Itinerant Vendor D. Deviations from the Concept Plan. i. Subdivision of the site shall conform to the data presented and approved on the Concept Plan subject to additions and/or alterations as required by the City Engineer. If the Property is subdivided in conformance with the Concept Plan , applicants with substantially different building and parking lot placement may be authorized by the Planning & Zoning Commission with the approval of the Preliminary Site Plan(s) and without a public hearing. ii . Non-substantial changes of detail on the plats and plans that differ from the Concept Plan may be authorized by the Planning & Zoning Commission with the approval of the Preliminary Site Plan(s) and without a public hearing . 111. A substantial deviation from the Concept Plan for subdividing the property will require a public hearing for the Planning & Zoning Commission recommendation and a public hearing for City Council approval. 4. Design Standards All structures , construction, building materials , and other aspects of Development within the Property shall conform to all City Regulations directly or indirectly governing said Local Commercial (C-1) District , as well as the following listed standards ( and in the event of any conflict, the following listed standards shall govern). A. All structures shall have at least seventy percent (70%) of the total exterior walls , excluding doors and windows, constructed of masonry (brick, stone, pre-cast stone, stucco materials and/or other similar veneer materials) with no more than thirty percent (30%) consisting of cementitious siding or paneling . Stucco materials shall not exceed fifty percent (50%) of any exterior wall or structure. B. Where the function of an individual business, or the recognized identity of a brand dictates a specific style , image , or building material associated with that company, the masonry provision may be modified ; however, the development shall maintain harmony in terms of overall project design and appearance, and any such design modification shall be subject to approval by the City Council. C. Four architech1ral design features are required on facades facing public streets . Acceptable architectural design features may include but are not limited to: 1. Articulation of building facade , 11. A horizontal change in building materials between stories of a building , 111. Variation in building materials between vertical intervals, 1v . Variations in window placement, v. Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details, and v1. Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. EXHIBIT 2 SITE IMPROVEMENTS Item Amount Surveys 10,000$ Gas Main Extension 400,000$ Water Main Extension 319,000$ Sanitary Sewer Extension 442,000$ Storm Sewer Extension 76,500$ Geotechnical and ESA 12,000$ Stabilization Cost 2,850,000$ Total Site Improvements & Stabilization 4,109,500$ EXHIBIT 2 Anna Medical Lodge Site Improvements / Stabilization Cost Item No. 5.b. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Action on Resolution No. 2025-10-13 approving and adopting the 2025 Community Development and Economic Development Strategic Plan. (CDC/EDC) SUMMARY: The Community Development and Economic Development Strategic Plan is designed to be a comprehensive document developed to guide the City’s growth, business attraction, infrastructure investments, and community engagement efforts over a five- year period. The existing Community Development and Economic Development Strategic Plan, adopted in 2020, has reached the end of its effective period. As the City of Anna continues to experience exponential growth, staff determined it was necessary to revamp and modernize the 2020 Strategic Plan to better align with the organization's evolving priorities and to support new initiatives that reflect the changing needs of the community and regional economy. STAFF RECOMMENDATION: Staff recommends the EDC Board approve Resolution No. 2025-10-13 adopting the 2025 Community Development and Economic Development Strategic Plan. ATTACHMENTS: 1. 2025-10-13 EDC Resolution - 2025 Strategic Plan 2. 2025 Strategic Plan (Exhibit A) ANNA ECONOMIC DEVELOPMENT CORPORATION the Anna Economic Development Corporation (the “EDC”) Board of Directors previously adopted a five-year strategic plan in March 2020; and the EDC staff has recently undertaken a comprehensive update of the strategic plan to align with the organization’s evolving priorities; and the EDC Board of Directors desires to adopt this new strategic plan to continue to promote new and expanded businesses that will diversify the tax base; Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Adoption of 2025 Strategic Plan The EDC Board of Directors hereby approves and adopts the 2025 Community Development & Economic Development Strategic Plan attached hereto as EXHIBIT A, incorporated herein for all purposes. PASSED AND APPROVED by the Anna Economic Development Corporation on this 2nd day of October 2025. APPROVED: _____________________________ Bruce Norwood, CDC President ATTEST: ________________________________ Dwyke Williams, CDC Secretary October 2025 COMMUNITY DEVELOPMENT & ECONOMIC DEVELOPMENT 2025StrategicPlan Place I - Dwyke Williams (Secretary) Place 2 - Rocio Gonzalez Place 3 - Regina Leachman Place 4 - Bruce Norwood (President) Place 5 - Noah Nylander Place 6 - Manjinder Singh (Vice President) Place 7 - Edward Culham Acknowledgement PG | 2 A special thanks goes to the Community Development Corporation and the Economic Development Corporation Boards and staff for contributing ideas and crafting nuanced strategies to advance economic development for the City of Anna. CDC and EDC Board Members CDC and EDC Staff Joey Grisham Director Natasha Roach Assistant Director Salena Tittle Development Manager PG | 3 Anna has seen explosive growth as it is transitioning from a small, rural community to a fast-growing suburb of the DFW metroplex. Since 2000, Anna’s population has increased 2512%. The City has ranked one of the top 5 fastest-growing cities in nation in 2025. With a population just over 32,000, strong residential growth, a stellar school district, a diversity of new projects and prime location on US Highway 75, State Highway 5 and State Highway 121, as well as frontage along the Collin County Outer Loop, make Anna an excellent choice for corporations and residents alike. With ample land availability, a historic downtown, and several developments already underway, Anna’s City Council is actively and strategically managing the city’s rapid growth. In 2019, the Council tasked the CDC and EDC with creating a bold economic development plan. In response, both organizations conducted a comprehensive assessment of the community, including workshops, vision-setting sessions, SWOT analyses, and the identification of key metrics. The result was a strategic plan that clearly defines the City of Anna’s vision, mission, and core values, along with specific goals, objectives, and tactics. Once approved by the City Council, this plan will guide economic development efforts over the next 3 to 5 years, serving as both a framework and decision-making tool to attract businesses and residents, support infrastructure, promote economic diversity, and inform future housing and growth decisions. Having both Type-A EDC and Type-B CDC corporations, Anna can facilitate creative public/private partnerships that will realize the vision and objectives outlined. Furthermore, the Business Retention and Expansion program serves as an important and strategic piece in sustaining and expanding the community’s economic vitality. The BRE Program focuses on business education, fostering a welcoming business climate, and promoting a community spirit that engages neighbors, continues to raise quality of life standards reinforced by the City’s strategic priorities. The strategic plan is a dynamic document that should be reviewed and updated annually to reflect changing market conditions. As the City Council, EDC, and CDC work to elevate Anna’s profile and strengthen its identity, the city is well-positioned for continued growth—supported by a business-friendly tax environment, expanding transportation corridors in all directions, and thriving neighborhoods with growing amenities. EXECUTIVE SUMMARY Anna’s thriving community can been seen by: Higher quality developments Additional catalyst projects in the downtown area Mixed-use development along FM 455/Highway 75 Strategic public/private partnerships Increased investments in physical infrastructure Stronger regional partnerships Who We Are? Anna has created a balanced and sustainable tax base that invites high quality jobs, facilitates excellent quality of life with well-maintained and first-rate infrastructure, and offers a wide range of housing and public facilities that build community identity and pride and engage neighbors in meaningful ways. Core Values As part of this initiative, the stakeholders outlined key principles that should guide future economic development decisions for the community, as follows: 1. 2. 3. 4. 5. 6. 7. Unique First-Rate Community Oriented Diversified Exceptional Quality of Life Robust Well-Maintained PG | 4 Vision EDC – To identify and support opportunities that expand the city’s business tax base and promote job growth in Anna. CDC – To identify and fund projects that enhance the quality of life in Anna and support the work of the EDC in the community. Mission Number of meetings with prospective targets, primary employers, partners, and landowners Measurables PG | 5 Number of new commercial permits/CO’s per year Net annual change in sales tax collections Net annual increase in commercial property value New commercial square footage per year Number of events attended/hosted by the EDC per year Number of social media likes and shares on all platforms Increase Economic Diversity Economic diversity refers to the variety and balance of different economic activities, industries, and participants within an economy. It helps reduce dependence on a single sector or group and contributes to economic stability, resilience, and inclusive growth. What that means PG | 6 Economic Development Goals PG | 7 Continue to build the organizational infrastructure to support a successful economic development program that achieves local, state and national recognition Strengthen the City’s commercial and employment base by focusing on catalyst areas and other opportunity areas Continue to foster relationships with businesses, partners and allies Create and promote a positive identity that differentiates Anna from surrounding communities using an integrated marketing/communications strategy Transform Downtown Anna into a vibrant district Improve the aesthetics and appearance of the community through public and private investment Increase retail, restaurant, and entertainment options in Anna 1. 2. 3. 4. 5. 6. 7. GOALS PG | 8 1.Build first-rate organizational structure to support a successful economic development program that achieves local, state and national recognition. A strong organizational infrastructure is the cornerstone of sustained success and operational excellence. By aligning people, processes, and technology, it drives efficient communication, resource optimization, and scalable growth. More than just a support system, robust infrastructure enhances productivity, strengthens decision- making, mitigates risk, and fosters innovation—ensuring the organization remains agile and competitive in a constantly evolving landscape. Investing in infrastructure isn’t optional; it’s a strategic imperative. Refresh incentive policy to maximize private investment Goal 1 Objectives PG | 9 Action 2 : Analyze previous deals and see what programs are the most effective Action 1 : Review incentive best practices and find the most innovative strategies Maintain organizational excellence Action 1 : Consider adding staff members as needed to meet goals and objectives Action 2 : Apply for applicable awards and recognition to highlight Anna’s successful programs and innovation Action 1 : GIS Webtech, Retail Lease Trac, CoStar, Size Up, ReSimplifi, The Retail Coach, and Flyer View Utilize software programs and other third-party vendors to provide small business support, aerial maps, available properties/buildings, demographic data, and other resources Action 3 : Ensure that all board members go through the TEDC Sales Tax Training workshop GOALS PG |10 2. Attract quality investment and strengthen the city’s commercial and employment base The City of Anna is actively fostering sustainable economic growth through targeted efforts in business retention, attraction, and workforce development. By partnering with the private sector and regional stakeholders, the City supports new investment and the expansion of existing businesses. Workforce initiatives focused on upskilling and inclusive hiring are aligning local talent with employer needs— positioning Anna as a resilient, future- ready center for commerce and employment. Action 3 : SH 121—Industrial and commercial user Goal 2 Objectives PG | 11 Identify recruitment and business attraction trips with partners Action 1 : Outer Loop—Industrial and Data Center Users Provide presentations highlighting development opportunities to retail brokerage offices across the DFW Metroplex Explore and support activation strategies for catalyst areas including: Action 2 : West of US 75 (Collin College, Crystal Park/Oak Ridge/Standridge Tract/FM 455 & US 75)—Mixed-use and commercial users, Collin College, Office Users Action 4 : US 75/Rosamond —Commercial, sports, retail, and entertainment users Work to attract a hospital system to Anna Action 1 :Meet with different hospital groups Action 2 :Host tours of the community Action 5 : US 75/FM 455--Relocating Love’s Travel Stop Goal 2 Objectives Action 2 :Identify available sites for different types of development Continue to attract signature projects to the community and locate available properties Action 1 : Explore successful public-private partnership models for recreational use and other projects like the Dallas Stars Action 3 : Identify target markets and sectors PG | 12 GOALS PG | 13 3. Continue to foster strong relationships with business owners, landowners, and key allies The City of Anna is committed to building strong, collaborative relationships with residents, local organizations, business leaders, and regional partners. Through open dialogue, inclusive engagement, and support for grassroots efforts, the City fosters trust and shared responsibility. These partnerships are essential to delivering responsive services, advancing community- driven solutions, and promoting long- term social and economic well-being across all neighborhoods. Action 2 : Utilize the relationship with TxEDC - Texas Economic Development Corporation and Dallas Regional Chamber Action 1 : Activate Small Business Week program and promotion Action 2 : i.Create monthly training infograms related to small business Action 3 : Create a quarterly Business Spotlight highlighting local businesses Action 4 : Create more social media presence through posting and sharing information about businesses Action 1: Identify ways to partner together on business needs Partner with Anna ISD in the recruitment of higher education institutions to enhance offerings and align CTE programs with local industry needs Goal 3 Objectives PG | 14 Revamp the Small Business Program to better address the needs of local businesses and employers Maintain a strong partnership with Anna Chamber of Commerce Action 5 : Highlight available resources like Size Up Maintain strong relationships with neighboring EDOs in Collin County, regional and state organizations to promote collaboration and cooperation Action 1 : Continue partnership with the BRE Alliance and attend events to foster ideas and collaboration on Business Retention and Expansion GOALS PG | 15 4. Create and promote a positive identity that differentiates Anna from other communities using an integrated marketing/communications strategy Develop and implement a cohesive brand that reflects the unique character and vision of Anna’s downtown. This identity will differentiate Anna from surrounding communities by highlighting its distinctive strengths, charm, and opportunities. Through targeted marketing, placemaking efforts, and community engagement, the brand will foster local pride, attract visitors and businesses, and serve as a unifying element for future development. Action 1 : Work with Eisenberg to update EDC website with a refurbished look including relevant maps, data, sites, and information needed to advance economic development Action 2 : Explore effective marketing and advertising channels that can extend the brand of Anna to future visitors, employers, residents and prospects. Action 3 : Leverage social media to promote internal and external events Action 4 : Continue to work closely with the Chamber on events to support local businesses and increase tourism Action 1: Engage the Eisenberg agency in developing branding and a tag-line for the Downtown that aligns with city-wide branding while establishing an entertainment hub Support a citywide awareness and marketing initiative of Anna’s Downtown to improve awareness Goal 4 Objectives PG | 16 Create engaging promotion/marketing/advertising materials, electronic media, website and social media Action 5 : Keep aerial map updated Action 6 : Continue to promote Anna EDC successes across multiple communication channels Action 4 : Maintain effective communication with Anna neighbors and partners on the value of EDC/CDC by speaking at events and providing a monthly newsletter Goal 4 Objectives PG | 17 Action 2 : Attend/sponsor BISNOW events to promote Anna Action 3 : Host development forums that target specific needs Continue to promote Anna and look for opportunities to attend, speak or sponsor at local and regional events Action 1 : Speak at local and regional events to market Anna EDC including but not limited to service organizations, Collin County Business Alliance, Community Difference, and real estate groups GOALS PG | 18 5. Transform Downtown Anna into a vibrant district Revitalize downtown Anna into a dynamic, walkable hub that serves as the cultural, social, and economic heart of the community. Through thoughtful planning, public-private partnerships, and investment in infrastructure, amenities, and events, downtown will become a lively destination where residents and visitors gather to live, work, shop, dine, and connect. This transformation will celebrate Anna’s unique identity while fostering growth, community pride, and long-term sustainability. Action 1: Implement the Downtown Master Plan Work closely with the downtown Master Plan consulting team to incorporate key ideas and components to create a strong downtown district Goal 5 Objectives PG | 19 Increase the number of projects and businesses in Downtown Anna Acquire land in the downtown area Complete the Interurban Pedestrian Project to unify walkability between 4 and 5 Streets and the Plazathth Create an illustrative map for Downtown Anna to include updates in zoning and ordinances that ensure cohesive development Action 1: Recruit commercial and residential projects that align with the downtown vision Identify historic buildings and properties Activate and strategically utilize the Downtown Tax Increment Reinvestment Zone (TIRZ) to fund critical infrastructure improvements, such as utility upgrades, parking improvements and streetscape enhancements Action 2: Explore opportunities to enhance signage, upgrade infrastructure, expand landscaping and design standards, update parking, and other key projects GOALS PG | 20 6. Improve the aesthetics and appearance of the community through public and private investment Elevate the visual appeal and character of Anna by encouraging strategic investments in beautification, landscaping, building design, signage, and public spaces. By fostering collaboration between the City and private partners, we will create a more attractive, welcoming environment that reflects community pride and supports economic vitality. Action 1 : Explore opportunities to support gateway entrances and entryway features to promote Anna Action 1 : Identify development standards and benchmarks in each development to ensure quality Integrate design guidelines with development agreements on projects with incentives Goal 6 Objectives PG | 21 Support the improvement of Anna’s gateways and entrances Action 2 : Continue implementing the Wayfinding Signage report that was funded by the CDC Partner with developers and GCEC/Oncor on locating utilities underground to enhance Downtown Anna Pursue grant funding that supports citywide visual improvements— enhancing streetscapes, public spaces, landscaping, public art, lighting, signage, and other beautification elements. GOALS PG |22 7. Execute a diverse strategy to increase retail, hospitality, restaurants, and entertainment options in Anna and increase the tax base Attract and support a diverse mix of retail, dining, and entertainment opportunities that meet the needs and preferences of Anna’s growing population. By creating a vibrant local economy and enhancing lifestyle amenities, we aim to provide residents with more choices close to home—fostering convenience, connection, and a strong sense of place. Action 1 : Participate in ICSC events and other retail/entertainment conferences Action 1 : Continuously meet with DFW-based brokers and developers to increase awareness of Anna assets and opportunities Continue working with The Retail Coach to schedule meetings with prospective retailers and restaurants, and better understand the retail trade area Goal 7 Objectives PG | 23 Expand presence at local and national retail conferences Foster relationships with local partners Develop a strategy to focus on smaller/boutique retail businessess 2025 opportunityannatx.com Item No. 6. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Director's Report. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 6.a. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Joey Grisham AGENDA ITEM: Strategic Plan Update SUMMARY: Director of Economic Development, Joey Grisham, to give a brief overview of what staff has been working on and future initiatives. STAFF RECOMMENDATION: N/A ATTACHMENTS: 1. September 2025 Strategic Plan Update Economic Development Highlights September 2025 Real Estate & Developer Meetings01 04 02 Newsletter Subscribers Instagram & Facebook Followers 15 4 new 2,210 total Pre-Development Meetings Linkedin Followers 03 06 Business Retention & Expansion Contacts 5 8 9 new Insta - 99 total 19 new FB - 619 total 24 new 1,924 total 05 VibrantVibrant UniqueUnique Natasha and Joey attended the Yardly Town Center Grand Opening & Ribbon Cutting Salena attended the Greater Anna Chamber of Commerce Coffee & Connections Natasha attended the TxEDC Investor Summit Salena is meeting with Development Services weekly to work on Council’s request for updated Downtown Zoning & Historical standards EDC staff collaborated with Eisenberg to distribute and collect feedback pertaining to Downtown Anna Salena & Natasha were invited to the WFAA Lounge Studio to shoot two videos pertaining to Anna for Dallas Meetup Salena attended the Self-Supporting Entrepreneurship Webinar hosted by the ED District community of Practice EDC staff attended the Kroger Marketplace Groundbreaking Natasha and Salena attended the Palladium Foster Crossing Open House & the John Flavel Greer Park Ribbon Cutting Item No. 6.b. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Joey Grisham AGENDA ITEM: Financial Report / Sales Tax Update SUMMARY: Director of Economic Development, Joey Grisham, to update the Board on the overall sales tax for the month of July 2025, which is up roughly 4% from the previous year, July 2024. STAFF RECOMMENDATION: N/A ATTACHMENTS: 1. 2025 Monthly Sales Tax Report % Change 2024-25 Collections from 2023-24 Collections Monthly Prior Year Monthly October 780,090$ 19% 655,358$ November 753,401 8% 695,026 December 995,930 30% 768,837 January 682,766 20% 566,981 February 675,214 9% 621,381 March 1,873,725 159% 723,838 April 779,340 20% 647,636 May 780,970 12% 699,251 June 867,435 4% 835,007 July 817,173 4% 785,388 August 818,441 September 794,437 9,006,044$ 8,611,581$ Budget: 6,753,000 133% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month July 31, 2025 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 Monthly Sales Tax Collections: 3 Year Comparison FY2022-23 FY2023-24 FY2024-25 Item No. 6.c. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: Salena Tittle AGENDA ITEM: Event Updates / Upcoming Events / Reminders SUMMARY: UPDATE: Kroger Marketplace Groundbreaking Ceremony On Friday, September 26th, Kroger held their groundbreaking ceremony for their Anna location located at the SEC of U.S. Highway 75 and Rosamond. They had a fantastic turnout and Mayor Pete Cain gave a speech to welcome Kroger to the community and to thank everyone who played a role in making this partnership happen. TEDC Sales Tax Workshop On Friday, October 17th, the Texas Economic Development Council is holding a Sales Tax Workshop in Richardson. Those who have elected to attend should have received an email confirmation of registration from TEDC and a calendar invite from staff. The workshop begins at 8:00am and they will be providing a variety of light breakfast items as well as lunch for the group. November Joint Board Meeting A friendly reminder that the November Joint Board Meeting has been moved to November 13th. STAFF RECOMMENDATION: N/A ATTACHMENTS: Item No. 7.a. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Consult with legal counsel 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); Grant program; Lease agreement and professional services contract. Pending Contracts. SUMMARY: Closed session deliberation. STAFF RECOMMENDATION: N/A ATTACHMENTS: Item No. 7.b. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase. SUMMARY: Closed session deliberation. STAFF RECOMMENDATION: N/A ATTACHMENTS: Item No. 7.c. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (Tex. Gov't Code §551.074). SUMMARY: Closed session deliberation. STAFF RECOMMENDATION: N/A ATTACHMENTS: Item No. 7.d. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: 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); potential retail and medical projects. SUMMARY: Closed session deliberation. STAFF RECOMMENDATION: N/A ATTACHMENTS: Item No. 10. EDC/CDC Agenda Staff Report Meeting Date: 10/2/2025 Staff Contact: AGENDA ITEM: Adjourn. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: