HomeMy WebLinkAboutEDC Agenda_2017_9_7_MeetingAGENDA
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, September 7, 2017 @ 5:00 PM
ECONOMIC Anna City Hall, Council Chambers
DEVELOPMENT CORPORATION 111 N. Powell Parkway,Anna, Texas 75409
The Anna Economic Development Corporation will conduct a meeting at 5:00 PM on
September 7, 2017, at the Anna City Hall Administration Building, 111 N. Powell
Parkway, to consider the following items:
1. Call to Order, Roll Call and Establishment of Quorum
2. Citizen Comments
3. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds for IT services to connect the facility at 312 North Powell
Parkway to the City's server.
4. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds for electrical work to make improvements and necessary
changes to the facility at 312 North Powell Parkway to accommodate new staff.
5. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds for HVAC work to make improvements and necessary
changes to the facility at 312 North Powell Parkway to accommodate new staff.
6. Consider/Discuss/Action regarding approving a resolution authorizing the execution
of a land sale contract with Kirby Smith for approximately 9 acres of land located in
the Anna Business Park located at the northeast corner of hwy. 5 and the Collin
County Outer Loop.
7. Consider/Discuss/Action regarding adopting a resolution approving the fiscal 2017-
2018 budget.
8. Consider/Discuss/Action regarding minutes from August 3, 2017.
9. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m. on September 4, 2014.
Jessica Perkins, Chief Administrative Officer
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 closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should
contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Economic Development Corporation.
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 3.
EDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the expenditure
of funds for IT services to connect the facility at 312 North Powell Parkway to the
City's server.
SUMMARY:
Staff met with Isogent to review needs associated with making improvements and
changes to the EDC facility at 312 North Powell Parkway to accommodate new staff.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Res. IT expense 8/31/2017 Resolution
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR INTERNET
TECHNOLOGY (IT) WORK FOR THE PROPERTY AT 312 NORTH POWELL
PARKWAY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for IT work for the property at 312 N. Powell Parkway.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
contract services line item in the amount not to exceed $3,100 for IT Work for the
property located at 312 North Powell Parkway.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Connie Stump
EDC President
ATTEST:
Lauretta Blacketer
EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
EDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the expenditure
of funds for electrical work to make improvements and necessary changes to the
facility at 312 North Powell Parkway to accommodate new staff.
SUMMARY:
Staff met with Harris Electrical to review needs associated with making improvements
and changes to the EDC facility at 312 North Powell Parkway to accommodate new
staff and to back light the monument sign.
STAFF RECOMMENDATION:
Staff recommends you approve the resolution.
ATTACHMENTS:
Description Upload Date Type
Res. Electrical Expense 8/31/2017 Resolution
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR ELECTRIAL
WORK FOR THE PROPERTY AT 312 NORTH POWELL PARKWAY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for electrical work for the property at 312 N. Powell Parkway.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
contract services line item in the amount not to exceed $3,000 for electrical work for the
property located at 312 North Powell Parkway.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Connie Stump
EDC President
ATTEST:
Lauretta Blacketer
EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
EDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the expenditure
of funds for HVAC work to make improvements and necessary changes to the facility
at 312 North Powell Parkway to accommodate new staff.
SUMMARY:
Staff met with Campbell Heating and Cooling to review needs associated with making
improvements and changes to the EDC facility at 312 North Powell Parkway to
accommodate new staff.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Res. HVAC expense
HVAC Quote - Campbell
Upload Date Type
8/31 /2017 Resolution
9/5/2017 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR HVAC
WORK FOR THE PROPERTY AT 312 NORTH POWELL PARKWAY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for HVAC work for the property at 312 N. Powell Parkway.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
contract services line item in the amount not to exceed $3,000 for HVAC Work for the
property located at 312 North Powell Parkway.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Connie Stump
EDC President
ATTEST:
Lauretta Blacketer
EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
TACLB012350E www.campbell-air.com
4991 County Road 599 Farmersville, Texas 75442
214-551-2956
1992 is 2017
Quote Prepared for
City Of Anna/Jessica Perkins
For 312 North Powell Parkway
Anna, Texas
jperkins@annatexas.gov
Bid to relocate two 10" supply air ducts and registers in north east room at front
of building. Price does not include patching or painting of sheetrock where
registers were removed from ceiling. Price includes all parts, materials & labor.
$650.00
Price Not To Exceed $650.00
1
If you have any question I can answer, please give me a call.
Thank you or the opportunity to earn your business! !
Danny Campbell
214-551-2956
z
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
EDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the execution of
a land sale contract with Kirby Smith for approximately 9 acres of land located in the
Anna Business Park located at the northeast corner of hwy. 5 and the Collin County
Outer Loop.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Res. Land Sale Contract KS 8/31/2017 Resolution
Land Sale Contract - KS 9/5/2017 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT TO SELL PROPERTY OWNED
BY THE EDC
WHEREAS, the Anna Economic Development Corporation (the "EDC") intends to sell
a tract of real property described in further detail below; and
WHEREAS, the EDC has determined that selling of the property is in the financial
interests of the EDC;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Financing Agreement
The EDC hereby authorizes the Chief Administrative Officer to execute, on the EDC's
behalf, a purchase and sale agreement along with any associated documents
(collectively, the "Sale Documents") necessary to set forth an arrangement between
the EDC and the Buyer (the "Buyer") of the EDC property, which is approximately 9
acres and is described in more detail in the attached EXHIBIT A, incorporated herein
for all purposes. The sales price of the property is $ 10.00 . The authority to execute
the Sale Documents is subject to approval of the form of same by the EDC's legal
counsel, and any necessary approval by the City of Anna City Council.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Constance Stump, EDC President
ATTEST:
Lauretta Blacketer, EDC Secretary
Real Estate Sales Contract
This contract to buy and sell real property is between Seller and Buyer as identified below and is effective
on the date ("Effective Date") of the last of the signatures by Seller and Buyer as parties to this contract. Buyer must
deliver the Earnest Money to Title Company for this contract to be effective.
Seller: Anna Economic Development Corporation, a Texas Type A Development
Corporation; and Anna Community Development Corporation or Assigns, a
Texas Type B Development Corporation
Address: 111 N. Powell Parkway
P.O. Box 776
Anna, TX 75409-0776
c/o Jessica Perkins
Phone: (972) 924-3325
Buyer: Kirby Smith Machinery, Inc., an Oklahoma corporation, and
KSMI Properties, LLC, an Oklahoma limited liability company
Address: P.O. Box 270300
Oklahoma City, OK 73137
c/o David Cooper
Phone: (214) 371-7777
Property: Approximately 10.816 gross acres of real property out of that certain 85.571 acre
tract located at the northeast corner of the intersection of the Collin County Outer
Loop and S.H. 5 in the City of Anna, Collin County, Texas, more particularly
described in Exhibit A, which is incorporated here as if set forth in full ("Property").
Title Company: Red River Title Company
100 N. Travis Street #200
Sherman, Texas 75090
c/o Doris Caston
Phone: (903) 8684446
Underwriter: Title Company's choice.
Purchase Price
Cash portion: Not Applicable.
Total purchase price: $10.00 good and valuable consideration.
Earnest Money: NONE.
County for Performance: Collin County, Texas
A. Deadlines and Other Dates
All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls
on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday,
Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the
essence.
1. Earnest Money Deadline: within five (5) days of Buyer's execution and delivery of this contract to
Real Estate Sales Contract Page 1 of 10
Title Company,
2. Delivery of Title Commitment: twenty-one (21) days after the Effective Date.
3. Delivery of legible copies of instruments referenced in the Title Commitment: twenty-one (21) days
after the Effective Date,
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible copies
of the instruments referenced in the Title Commitment and the Survey.
5. Closing Date: a date that is on or before the thirtieth (30th) day following the Feasibility Review
Period. The Closing Date shall not be extended unless extended under a mutually agreeable duly executed
amendment to this Agreement.
6. Survey: fifteen (15) days after the Effective Date.
7. Due Diligence Materials: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any Property -related zoning, environmental reports, tests or drawings currently in Seller's possession (the
"Materials") to Buyer.
8. Governmental Notifications: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any pending or proposed governmental matters related to the Property including, without limitation, TxDot,
county or municipal notifications (the "Notifications") currently in Seller's possession to Buyer.
B. Closing Documents
1. At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit C (the "Deed")
Bill of Sale
IRS Nonforeign Person Affidavit
Evidence of Seller's authority to close this transaction
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer's authority to consummate this transaction
The documents listed in this section B are collectively known as the "Closing Documents."
C. Exhibits
The following exhibits are attached to and are a part of this contract:
Exhibit A —Description of the Property
Exhibit B—Representations; Environmental Matters
Real Estate Sales Contract Page 2 of 10
Exhibit C—Deed
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Properly
in accordance with the terms of this contract. The promises by Buyer and Seller stated in this contract are the
consideration for the formation of this contract.
E. Interest on Earnest Money
Intentionally left blank.
F. Title and Survey and Feasibility Review Period
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate licensees,
if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property
examined by an attorney of Buyer's own selection or be furnished with or obtain a policy of title insurance.
2. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an Owner
Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the Property.
The "effective date" stated in the Title Commitment must be after the Effective Date of this contract. "Title Policy"
means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in conformity with the
last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have thirty (30) days (the "Feasibility Review Period") after
the Effective Date in which to conduct environmental testing, geotechnical borings and other studies of the Property
and, in connection therewith, Buyer and its agents and contractors shall have the right of entry onto the Property for
such purposes and Buyer agrees to indemnify Seller for Buyer's on -site related Property activities and all costs
associated with such entry and tests made on the Property; this indemnity shall survive closing or termination of this
contract. If Buyer determines, in Buyer's sole and absolute discretion, that the Property is not suitable for Buyer's
intended use or purpose, Buyer shall have the right upon written notice to Seller within the Feasibility Review Period
to terminate this contract.
4. UCC Search. "UCC Search" means reports prepared by a nongovernmental provider, stating the
instruments that are on file in the Texas secretary of state's UCC records, the UCC records in the jurisdiction in which
Seller is located, and the UCC records of the county in which the Property is located, showing as debtor Seller (if
applicable) and all other owners of the Property during the five years before the Effective Date of this contract.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title Commitment
by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. ("Title Objection Deadline") to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify Seller
of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected
by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters
that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller of any
Title Objections, Seller has fifteen (15) days from receipt of Buyer's notice to notify Buyer whether Seller agrees to
cure the Title Objections before closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives
its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within five days after
the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is terminated (in which event
Real Estate Sales Contract Page 3 of 10
the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to Seller's obligations to
resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the Property, remove all
exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title Objections that
Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on
Schedule C of the Title Commitment which are Seller's responsibility to resolve, remove all such liens, remove all
exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections
that Seller has agreed to cure.
7. Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy thereof
to Seller by the deadline specified in A6 above. The survey shall be a current on -the -ground survey of the Property
that substantially complies with the requirements of a Category IA, Condition I or II (as applicable) survey in the
Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land
Surveying and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except
for "shortages in area"). Once the Survey has been completed, the legal description of the Property shown therein
shall be substituted for the legal description in Exhibit A and shall serve as the legal description of the Property in
the Deed.
G. Condition of the Property until Closing; Cooperation; No Recording of Contract
1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same manner
as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements, restrictions
or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts or
encumbrances, if any, without Buyer's prior written consent.
2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the
Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before closing.
Buyer may terminate this contract if the casualty damage that occurs before closing would materially affect Buyer's
intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty, in which event the Earnest Money shall be refunded to Buyer. If Buyer does not terminate this contract,
Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller's rights under
any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and
coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the
casualty damage and less any amounts previously paid by Seller to repair the Property. If Seller has not insured the
Property and Buyer does not elect to terminate this contract in accordance with this section, the Purchase Price will
be reduced by the cost to repair the casualty damage.
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi -governmental
authority. Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of the
Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing if
Seller's notice is received less than fifteen days before closing), in which event the Earnest Money shall be refunded
to the Buyer. If Buyer does not terminate this contract, (a) Buyer and Seller will each have the right to appear and
defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation
will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property will be revised
to delete the portion taken.
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or administrative
hearing that is threatened, filed, or initiated before closing that affects the Property.
Real Estate Sales Contract Page 4 of 10
H. Closing
1. Closing. This transaction will close at Title Company's offices on the Closing Date. At closing, the
following will occur:
a. Closing Documents. The parties will execute and deliver the Closing Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts or
documents that Buyer is obligated to pay or execute under this contract to or by Title
Company in funds or documents acceptable to Title Company and Seller.
c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse
the Purchase Price and other funds in accordance with this contract, record the deed and any
other Closing Documents necessary to be recorded, and distribute copies of the Closing
Documents to each party.
d. Possession. Unless otherwise agreed, Seller will deliver possession of the Property to Buyer,
subject to the Permitted Exceptions existing at Closing.
2. Transaction Costs
a. Seller's Costs. Seller will pay for the basic charge for the Title Policy; one-half of the escrow
fee charged by Title Company; the costs to prepare the deed; the costs to obtain, deliver, and
record releases of all liens to be released at closing; the costs to record all documents to cure
Title Objections agreed to be cured by Seller, and certificates or reports of ad valorem taxes;
the costs to deliver copies of the instruments described in section AA.; and Seller's expenses
and attorney's fees.
b. Buyer's Costs. Buyer will pay for the new survey; one-half of the escrow fee charged by
Title Company; the costs to obtain, deliver, and record all documents other than those to be
recorded at Seller's expense; the additional premium for the "survey/area and boundary
deletion" in the Title Policy, if the deletion is requested by Buyer; the costs of work required
by Buyer to have the survey reflect matters other than those required under this contract; and
Buyer's expenses and attorney's fees.
c. Ad Valorem Taxes. As permitted under IRC 501c3 regulations for Buyer, ad valorem taxes
for the Property for the calendar year of closing will be prorated between Buyer and Seller
as of the Closing Date. Seller's portion of the prorated taxes (if applicable) will be paid to
Buyer at closing as an adjustment to the Purchase Price. If the assessment for the calendar
year of closing is not known at the Closing Date, the proration will be based on taxes for the
previous tax year, and Buyer and Seller will adjust the prorations in cash within thirty days
of when the actual assessment and taxes are known. Seller will promptly notify Buyer of all
notices of proposed or final tax valuations and assessments that Seller receives after the
Effective Date and after closing. All taxes due as of closing will be paid at closing. If this
sale or a change in use of the Property or the denial of any special use valuation on the
Property results in the assessment after Closing of additional taxes applicable to the period
of time before the Closing (including any so called "roll back" impositions), Buyer shall pay
the additional taxes plus any penalties and interest immediately upon a written statement
therefor and hold Seller harmless therefrom. The parties' obligations under this paragraph
shall survive the Closing.
Rea( Estate Sales Contract Page 5 of 10
d. Brokers' Commissions and Disclosure. Buyer and Seller each represents and warrants to the
other that they have had no contact with any real estate broker, finder or other person who
might be entitled, or claim to be entitled, to a brokerage commission, finder's fee or other
compensation in connection with this transaction other than Funderburgh Realty Corporation
("Seller's Broker"). Buyer and Seller each hereby indemnify and agree to defend and hold
the other party harmless from and against any and all claims, demands, liabilities, causes of
action, costs or expenses (including reasonable attorneys' fees) caused by or arising out of
any breach of its foregoing warranty. The provisions of this paragraph shall survive the
Closing or termination of this contract and shall not be subject to any limitation of liability
otherwise set forth in this contract.
3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
I. Default and Remedies
1. Seller's Default. If Seller fails to perform any of its obligations under this contract ("Seller's
Default"), Buyer's sole and exclusive election of remedies includes: (1) enforcing specific performance of this
contract; or (2) terminating this contract by written notice to Seller.
2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's
Default"), Seller, shall have the right to either (i) enforce specific performance of Buyer's obligations under this
contract or (ii) terminate this contract by giving notice to Buyer on or before the Closing Date).
3. Liquidated Damages. The parties agree that just compensation for the harm that would be caused by
a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and the
remedies provided above are reasonable forecasts of just compensation to the nondefaulting party for the harm that
would be caused by a default.
J. Miscellaneous Provisions
1. Notices. Any notice required by or permitted under this contract must be in writing. Any notice
required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party
to whom notice is given.
Counsel for Seller:
Clark McCoy
Wolfe, Tidwell &McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Real Estate Sales Contract Page 6 of 10
Counsel for Buyer:
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3kD;2
2. Entif e Contract. This contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are
no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer
not incorporated in writing in this contract.
3. Amendment. This contract may be amended only by an instrument in writing signed by the parties.
4. Assign»�ent. This contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns; provided, however, that this contract may not be assigned by either party without
each of the other parties' written consent.
5. Survival. The obligations of this contract that cannot be performed before termination of this
contract or before closing will survive termination of this contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this contract, the Closing
Documents will control.
6. Choice of Law; Venue; Altef•native Dispute Resolution. This contract will be construed under the
laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Collin County, Texas.
Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit
concerning this contract.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately
a default or delays taking any action with respect to the default.
8. No Third -Party 13eneficiar•ies. There are no third -party beneficiaries of this contract.
9. Severability. The provisions of this contract are severable. If a court of competent jurisdiction finds
that any provision of this contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this
contract.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and they
do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together
will constitute this contract.
13. Confidentiality. The parties will keep confidential this contract, this transaction, and all information
learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable
third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
Real Estate Sales Contract Page 7 of 10
14. Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Property to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer; and
ii. )Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15. Termination. If this contract is terminated for any reason, the parties will have no further rights or
obligations under this contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property caused
by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by Seller;
and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly
survive the termination of this Contract. The obligations of this Section 15 will survive the termination of this
Contract.
16. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this contract, or brought
relating to the transaction contemplated by this contract, will be entitled to recover, from the non -prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17. Contract as Offer. The execution of this contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this contract and delivering a
fully executed copy to the first party within thirty (30) days after the date this contract is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
SELLER:
Anna Economic Development Corporation
By:
Printed Name:
Title:
Date:
Anna Community Development Corporation or Assigns
By:
Printed Name:
Title:
Date:
Real Estate Sales Contract Page 8 of 10
Kirby —Smith Machinery, Inc.
By:
BUYER:
it
STATE OF OKALHOMA §
COUNTY OF� §
L
Before me, the undersigned notary public, on the day of A.LDOj7, 2017, personally appeared
A)s-h4�-ItA t; , known to me (or proved to me) to be the pers6dwhose name is subscribed to the
foregoing insttt Unt and acknowledged to me that he executed the same in his capacity as President of Kirby —
Smith Machinery, Inc. and on behalf of _ i -l;, VUIjmc,k-l%,�tj`4 I\C
T� C. BLEVYETT
s�►� Notary Public
State of Oklahoma ;
Commleelon 0 07007027- Expins 07/24119 ;
KSMI Properties, LL
By:
H. E. Kirby, is Aanal
Notary Public, State of Oklahoma
STATE OF OKLAHOMA §
COUNTY OF mil' §
Before me, the undersigned notary public, on the 31 day of L\O 0 �A, 2017, personally appeared H.
E. Kirby known to me (or proved to me) to be the person whose name is subW ribed to the foregoing instrument and
acknowledged to me that he executed the same in his capacity as Managing Member of KSMI Properties, LLC and
on behalf of said entity.
Notary Public, State of Oklahoma
j s � � Notary Public 1
State of Oklahoma
Coniniit„�Ian 0�1107A.e� !1MJ[tl�314119
•....---.sitter_:r__n__-
Real Estate Sales Contract Page 9 of 10
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $0.00 and a copy of this contract
executed by both Buyer and Seller.
Red River Title Company
BY:
Printed Name:
Title:
Date:
2017
Real Estate Sates Contract Page 10 of 10
EXHIBIT A
Description of the Property
BEING a portion of a tract of land located in the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas and being a
portion of a 361.545 acre tract of land described by deed to Harlan
Properties, Inc. recorded in Instrument No. 20121228001650300 of the
Official Public Records of Collin County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of
said 361,545 acre tract lying on the northerly edge of County Road No.
421 a gravel road, also lying on the easterly line of a tract of land
described by deed to Dallas Area Rapid Transit, recorded in Collin
County Clerks Document No. 2001-0078323 of the Official Public Records
of Collin County, Texas, the southwest corner of tract of land
described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468
of the Deed Records of Collin County, Texas, also lying on the common
line of said D.E.W. Babb Survey and the Grandison Stark Survey,
Abstract No. 798;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common
Line of said Babb and Stark Survey, also along the common line of said
361,545 acre tract and said 40 PGE tract, a distance of 1743.74 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner
Lying in the center of a 30 feet wide Sanitary Sewer easement,
recorded in Instrument No. 20150422000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior of said 361.545 acre tract along the
center of said 30 feet wide easement the following courses and
distances:
South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on
the north line of Collin County Toll Road Authority tract recorded in
Instrument No. 20110222000194360 of the Official Public Records of
Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north
line of said Collin County Toll Road tract, a distance of 2530.22 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southwest corner of said 361.545 acre tract, also lying on the east
line of Collin County Toll Road Authority tract recorded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County,
Texas;
THENCE North 00 degrees 44 minutes 35 seconds West, along the east
Line of last mentioned Toll Road tract, a distance of 207.51 feet to a
5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the
easterly line of the aforementioned Dallas Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
Line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the
southwest corner of a tract of land described by deed to the City of
Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south
line of said City of Anna tract, a distance of 67.89 feet to a 1/2
inch iron rod with cap stamped "R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along
the south line of said City of Anna tract, a distance of 224.62 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southeast corner of same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east
line of said City of Anna tract, a distance of 156.81 feet to a 1/2
inch iron rod found for the northeast corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north
line of said City of Anna tract, a distance of 295.59 feet to a 5/8
inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest
corner of same, also lying on the easterly line of said Dallas Area
Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
Line of said Dallas Area Rapid Transit tract, a distance of 1495.06
Feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or
85.571 acres of land.
l 1pi Wilubi
Representations; Environmental Matters
A. Seller's Representations to Buyer
Seller represents to Buyer (to Seller's actual knowledge, without duty of investigation) that the
following are true and correct as of the Effective Date and will be true and correct on the Closing Date.
1. Authority. Seller is a Type A Development Corporation and a Type B Development
Corporation duly organized, validly existing, and in good standing under the laws of the state of Texas with
authority to convey the Property to Buyer. This contract is, and all documents required by this contract to
be executed and delivered to Buyer at closing will be, duly authorized, executed, and delivered by Seller.
2. Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller's ability to perform its obligations under this contract except:
NONE
3. Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller's use of the Property, except:
NONE
4. Lease. There is no lease on the Property and there are no parties in possession of the
Property.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice of
any condemnation, zoning, or land -use proceedings affecting the Property or any inquiries or notices by
any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6. No Other Obligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller's performance of this contract will not cause a breach of any other
agreement or obligation to which Seller is a party or to which it is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and
materialman's liens and other liens and encumbrances of any nature except the Permitted Exceptions, and
no work or materials will have been furnished to the Property that might give rise to mechanic's,
materialman's, or other liens against the Property other than work or materials to which Buyer has given
its consent.
8. No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other organization,
group or individual relating to any of the Property, which would impose an obligation upon Buyer or its
successors or assigns to make any contribution or dedication of money or land to construct, install or
ffix
Initials
Initials
maintain any improvements of a public or private nature on or off any of the Property.
9. No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
10. No Warranty. Seller has made no warranty in connection with this contract.
Seller's representations set forth in this contract shall survive Closing for a period of twelve (12) months.
B. "As Is, Where Is"
THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES.
THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS"
TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE
NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE CLOSING DOCUMENTS AND
SELLER'S REPRESENTATIONS TO BUYER SET FORTH IN SECTION A OF THIS EXHIBIT
Be
THE PROPERTY WILL BE CONVEYED TO BUYER IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS, SELLER MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY, ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
BUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL HAVE,
PRIOR TO THE END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED
AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE BUYER
IN ORDER TO ENABLE THE BUYER TO EVALUATE THE PURCHASE OF THE PROPERTY.
BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF DEVELOPMENTS
SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE,
AND THAT OF BUYER'S CONSULTANTS, AND THAT BUYER WILL CONDUCT SUCH
INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT
LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND
SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK OF ANY
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY BUYER'S
INSPECTIONS AND INVESTIGATIONS. BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN "AS IS, WHERE IS" AND
"WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTIES OR
COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, EXCEPT FOR THE
WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE DEED OR AS EXPRESSLY
PROVIDED IN THIS CONTRACT, BUYER HEREBY WAIVES AND RELINQUISHES ALL
RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO,
ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN
DEEMED TO HAVE BEEN MADE OR GIVEN BY SELLER, EXCEPT WITH RESPECT TO THE
WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN
Initials
Initials
THIS CONTRACT. BUYER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES
THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (1) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, BUYER FURTHER ACKNOWLEDGES
THAT SELLER HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE
PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE
REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF
THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN OR ANY OTHER
AUTHORITY OR JURISDICTION.
The provisions of this section B regarding the Property will be included in the deed and bill of sale
with appropriate modification of terms as the context requires.
C. Environmental Matters
AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER THE
ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING, ONCE CLOSING
HAS OCCURRED, SUBJECT TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR ANY
LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE
DISPOSAL ACT, OR THE TEXAS WATER CODE, SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH C., BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, SUBJECT
TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE
IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR
If )4
Initials Initials
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER'S INDEMNIFICATION AND
HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH C. SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF SELLER'S OWNERSHIP OF
THE PROPERTY; AND PROVIDED FURTHER THAT BUYER AND EACH TRANSFEROR OF THE
PROPERTY (OR ANY PORTION THEREOF) SHALL UPON THE CONSUMMATION OF SUCH
TRANSFER BE RELIEVED OF ALL FURTHER LIABILITY FOR SUCH OBLIGATIONS EXCEPT
SUCH LIABILITY AS MAY HAVE ARISEN DURING THE PERIOD OF SUCH TRANSFEROR'S
OWNERSHIP OF THE PROPERTY (OR THE PORTION THEREOF SO CONVEYED) AND WHICH
REMAINS UNSATISFIED.
The provisions of the above paragraph C regarding the Property will be included in the deed and
bill of sale with appropriate modification of terms as the context requires.
[The remainder of this page is left blank intentionally.]
EXHIBIT C
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: , 2017
Grantor: Anna Economic Development Corporation — a Type A Development Corporation; and
Anna Community Development Corporation — a Type B Development Corporation
Grantor's Mailing Address: 111 N. Powell Parkway, P.O. Box 776, Anna, TX 75409-0776
Grantee: Kirby Smith Machinery, Inc., an Oklahoma corporation and KSMI Properties, LLC an
Oklahoma limited liability company.
Grantee's Mailing Address: P.O. Box 270300, Oklahoma City, OK 73137
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy
of which is acknowledged
Property (including any improvements): The real property described on Exhibit A, attached
hereto and incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other
matters described on Exhibit B, attached hereto and incorporated herein.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
THIS SALE EVIDENCED BY THIS DEED IS AN ARMS -LENGTH AGREEMENT
BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF
AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE
CLOSING DOCUMENTS AND GRANTOR'S REPRESENTATIONS TO GRANTEE SET FORTH
IN THE CONTRACT BETWEEN THE PARTIES.
THE PROPERTY IS CONVEYED TO GRANTEE IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. GRANTOR MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY, ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS PRIOR TO THE
END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED AND
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE
IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE
PROPERTY, GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE GRANTEE OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF GRANTEE'S CONSULTANTS, AND THAT GRANTEE
WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN
REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN
"AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION,
WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE,
EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN THIS DEED,
GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES
ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS,
WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE
BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE
OR GIVEN BY GRANTOR, EXCEPT WITH RESPECT TO THE WARRANTY OF TITLE
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN THE CONTRACT
BETWEEN THE PARTIES. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND
AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIl�tD
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (1) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (n) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY
WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY
WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR
REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN
OR•ANY OTHER AUTHORITY OR J[JRISDICTION.
THE RISK OF LIABILITY OR EXPENSE FOR ENVIIRONMENTAL PROBLEMS,
EVEN IF ARISING FROM EVENTS BEFORE THE DATE HEREOF, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL
PROBLEMS WERE KNOWN OR UNKNOWN AS OF THE DATE HEREOF, GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE
TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO
THE LAST SENTENCE OF THIS PARAGRAPH C., GRANTEE INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND
STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS
ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON
GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF GRANTOR'S
OWNERSHIP OF THE PROPERTY; AND PROVIDED FURTHER THAT GRANTEE AND
EACH TRANSFEROR OF THE PROPERTY (OR ANY PORTION THEREOF) SHALL UPON
THE CONSUMMATION OF SUCH TRANSFER BE RELIEVED OF ALL FURTHER
LIABILITY FOR SUCH OBLIGATIONS EXCEPT SUCH LIABILITY AS MAY HAVE ARISEN
DURING THE PERIOD OF SUCH TRANSFEROR'S OWNERSHIP OF THE PROPERTY (OR
THE PORTION THEREOF SO CONVEYED) AND WHICH REMAINS UNSATISFIED
When the context requires, singular nouns and pronouns include the plural.
Anna Community Development Corporation
By:
Nate Pike, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2017,
personally appeared Nate Pike 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 Community Development Corporation and on behalf of the
Anna Community Development Corporation.
Notary Public, State of Texas
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
(see attached Field Notes)
EXHIBIT B
(Attach title exceptions)
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
EDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting a resolution approving the fiscal 2017-
2018 budget.
SUMMARY:
Staff will present the budget in detail during the meeting. However, the attached
budget has not deviated from previous draft versions. The attached budget has been
reviewed by council.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
res. fy 17-18 budget
exhibit EDC budget
Upload Date Type
7/31/2017 Resolution
7/31/2017 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
ADOPTING THE FY 2017-2018 FISCAL YEAR BUDGET
WHEREAS, to be effective October 1, 2017, the Anna Economic Development
Corporation (the "EDC") and subject to approval of the City of Anna City Council, the
Board of Directors of the EDC desires to approve and adopt the EDC budget for the
2017-18 fiscal year;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
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 Fiscal Year 2017-18 Budget
The EDC Board of Directors hereby approves adopting the Anna Economic Development
Corporation 2017-2018 fiscal year budget as set forth in Exhibit A, attached hereto and
incorporated herein for all purposes as if set forth in full, subject to approval by the City
of Anna City Council.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Connie Stump, EDC President
ATTEST:
Lauretta Blacketer, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6208 OFFICE SUPPLIES
$0
$350
$250
$0
-100.00%
$0
$0
Basic office supply needs
$250
$0
6209 OTHER SUPPLIES - MISC.
$842
$3,000
$1,500
$0
-100.00%
$0
$0
meals for meetings, coffee meetings,
$1,500
$0
lunches, office etc...
aerial maps
$0
$0
6210 CLOTHING SUPPLIES
$0
$700
$700
$0
-100.00%
$0
$0
Purchase new shirts after branding project
$700
$0
for board members, staff, CC
6212POSTAGE
$336
$50
$50
$0
-100.00%
$0
$0
stamps to pay bills, mailings for EDC
$50
$0
marketing etc..
SUPPLIES
$1,177
$4,100
$2,500
$0
-100.00%
6303 MAINT. AND REPAIR - BUILDINGS
$3,700
$4,730
$11,570
$10,000
111.42%
Cleaning Crew
$1,800
$2,640
Electricity
$2,400
$3,000
Gas atmos service
$800
$1,032
Internet service
$1,500
$1,704
Mlsc building Maintanence and Repairs - 312
$11,570
$10,000
N Powell
MOVE TO 6703 CONTRACT SERVICES
($5,130)
($5,970)
PEST CONTROL
MOWING
JANITORIAL
MOVE TO 6708 IT SERVICES
($1,500)
($1,704)
INTERNET SERVICE
MOVE TO UTILITIES
($3,200)
($4,032)
6780 ELECTRIC
6781 GAS
Mowing and Landscaping - 312 North Powell
$2,850
$2,850
Pest Control - 312 North Powell
$480
$480
water and trash service - moved
$0
$0
MAINTENANCE
$3,700
$4,730
$11,570
$10,000
111.42%
6703 CONTRACT SERVICES
Janitorial
Mowing and Landscaping - 312 North Powell
Pkwy
Pest Control
Professional Services (EDC salary, Fin, IT, City
Centric Planning, Funderburgh, Arch, entry
feature design)
$70,046 $48,300 $77,130 $30,970-35.88%
$1,800 $2,640
$2,850 $2,850
$480 $480
$72,000 $25,000
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6708 IT SUPPORT SERVICES
$0
$0
$1,500
$1,704
0.00%
Internet Service
$1,500
$1,704
6711 TRAVEL EXPENSE
$4,504
$6,800
$6,000
$0
-100.00%
$0
$0
ICSC Las Vegas (1600 per person)
$6,000
$0
ICSC Texas (650 per person)
$0
$0
misc. rental car, additional attendees,
$0
$0
TEDC (650 per person) Texas Economic
$0
$0
Development Annual conference
6721 EDUCATION AND TRAINING
$2,720
$3,300
$3,000
$0
-100.00%
$0
$0
ICSC Las Vegas (600 per person)
$2,000
$0
ICSC Texas (500 per person)
$450
$0
TEDC (550 per person) - Alonzo Tutson
$550
$0
6722 INSURANCE - PROPERTY AND LIABILITY
$1,200
$1,350
$1,350
$1,450
7.41%
TMIRP ID #74, EDC Building at 312 N Powell
$1,350
$1,450
6735 PROMOTION EXPENSE
$34,787
$37,500
$37,500
$0
-100.00%
Branding Project (moved from 6703 Per 1P
$10,000
$0
email 7/1/15) $14,500
Business Directory Map
$0
$0
GACC Banquet - EDC is the sole sponsor of
$5,000
$0
this event
GACC Glowfest
$8,000
$0
GACC July 4th
$8,000
$0
Misc Promo - print ads, other sponsorship
$6,500
$0
opportunities - marketing professional
6753 LEGAL EXPENSE
$7,323
$12,000
$12,000
$5,000
-58.33%
legalfees
$12,000
$5,000
6755 AUDIT EXPENSE
$2,149
$2,500
$3,000
$3,000
20.00%
CPA services - audit, 1099, form 990
$3,000
$3,000
6761 DUES, PUBLICATIONS, PERMITS AND LICENSES
$250
$0
$500
$0
0.00%
ICSC
$400
$0
Newspaper Publications
$100
$0
TEDC
$0
$0
6780 ELECTRICITY
$0
$0
$2,400
$3,000
0.00%
Electric for 312 N. Powell Pkwy
$2,400
$3,000
6781 GAS - NATURAL/PROPANE
$0
$0
$800
$1,032
0.00%
Gas Atmos Service for 312 N. Powell Pkwy
$800
$1,032
6782 CITY UTILITIES WATER/SEWER/TRASH
$745
$800
$1,950
$2,500
212.50%
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
% CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
Utilities for Old PO bldg 312 N Powell -
$1,950
$2,500
irrigation - $142 per month
water, sewer trash = $66 per month
6783 TELECOM
$0
$0
$0
$0
0.00%
6789 DEBT -SERVICE PRINCIPAL
$397,774
$0
$0
$0
0.00%
Business park purchase
$0
$0
6790 INTEREST EXPENSE
$4,667
$0
$0
$0
0.00%
Business park
$0
$0
Independent Bank Loan for 48 acre EDC
$0
$0
property
Southside Bank Loan for 312 N. Powell
$0
$0
6799 OTHER SERVICES - MISC.
$0
$0
$0
$0
0.00%
EDC part-time administrative assistant
$0
$0
SERVICES
$526,166
$112,550
$147,130
$48,656
-56.77%
6756 ENGINEERING
$0
$25,000
$25,000
$0
-100.00%
Engineering Consultant Tech Park
$25,000
$0
6931 LAND AND IMPROVEMENTS
$0
$0
$725,000
$0
0.00%
down payment on land
$725,000
$0
6941 OTHER CAPITAL EXPENDITURES
$50,000
$67,900
$187,650
$0
-100.00%
$0
$0
waterline or other infrastructure project for
$187,650
$0
the Anna Business Park
CAPITAL EXPENDITURES
$50,000
$92,900
$937,650
$0
-100.00%
TOTAL 826
$581,043
$214,280
$1,098,850
$58,656
-72.63%
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826R 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
5225 SALES TAX REVENUE - GENERAL
$385,577
$375,000
$300,000
$0
-100.00%
FY 16 Anticipated sales tax revenue
$300,000
$0
5350 RENTAL
$12,500
$22,500
$18,882
$25,716
14.29%
IV agreement has been given a forbearance
$0
$0
on rent until Jan. 12017
Tenent in Old Post Office Bldg
$18,882
$25,716
IV - 1000
Biddle - 499
Wood - 449
Rodriguez - 150
5499 MISCELLANEOUS REVENUE
$47,030
$0
$0
$0
0.00%
$0
$0
5530 INTEREST REVENUE
$3,986
$1,500
$1,750
$650
-56.67%
interest
$1,750
$650
REVENUES
$449,094
$399,000
$320,632
$26,366
-93.39%
5853 OTHER FINANCIAL SOURCE FROM NOTES
$0
$0
$43,980
$45,480
0.00%
PAYABLE
Empowered Training Center agreement
$4,500
$6,000
payback
Nimbix performance agreement payback
$39,480
$39,480
OTHER SOURCE OF FUNDS
$0
$0
$43,980
$45,480
0.00%
TOTAL 826
$449,094
$399,000
$364,612
$71,846
-81.99%
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDAITEM:
Item No. 8.
EDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
Consider/Discuss/Action regarding minutes from August 3, 2017.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
8-3-2017 EDC Minutes
9/7/2017
Jessica
Upload Date Type
9/5/2017 Backup Material
MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
ILI
Thursday, August 3, 2017
ECONOMIC
DEVELOPMENT
CORPORATION
The Economic Development Corporation of the City of Anna met on the above date at Anna City
Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Connie Stump, President, called the meeting to order 6:13 p.m. After roll call and a
declaration that a quorum was present, the floor was open for business.
Directors in attendance: Alonzo Tutson, Doug Hermann, Brent Thomas, Anthony
Richardson, James Gurski, Nate Pike and Connie Stump
Directors in Abstention: None
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica
Perkins, Chief Administrative Officer.
2. Citizen Comments- none
3. Consider/Discuss/Action regarding adopting a resolution awarding a bid for
waterline construction on the Anna Business Park property to Saber
Construction.
Motion made by Anthony Richardson to adopt a resolution awarding the bid for waterline
construction on the Anna Business Park property to Saber Development. Seconded by
James Gurski. Motion passed by all.
4. Consider/Discuss/Action regarding adopting a resolution approving a
reimbursement to Kirby Smith for costs associated with mowing portions of the
Anna Business Park property.
Alonzo Tutson made a motion to adopt a resolution to reimburse Kirby Smith for cost
associated with mowing portions of the Anna Business Park not to exceed the amount of
$1500.00. Seconded by James Gurski. Motion passed by all.
5. Update on signage for the building and monument sign for 312 N. Powell Parkway
and "for sale" sign for Anna Business Park property.
No Action taken.
I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT 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. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
8-3-2017 Reg EDC Meeting — Page 1
6. CLOSED SESSION
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072) 312 North Powell Parkway.
b. 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)
c. 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) 312 North Powell
Parkway.
Connie Stump read the foregoing into the record. Nate Pike made a motion to
move to Closed Session that was seconded by Brent Thomas. Motion passed and
the Board entered into Closed Session at 6:28p.m. After discussing the business
at hand, Nate Pike made a motion to adjourn Closed Session and return to Open
Session. Brent Thomas seconded the motion. Motion passed, and Closed Session
was adjourned on Thursday, December 3, 2015 at 6:41 p.m.
7. Consider/Discuss/Action regarding adopting a resolution approving the fiscal
2017-2018 budget.
Motion made by Brent Thomas to table. Seconded by Anthony Richardson. Request for
roll call vote. Alonzo Tutson NO, Nate Pike NO, Doug Hermann Yes, Connie Stump Yes,
Anthony Richardson Yes, James Gurski Yes, and Brent Thomas Yes. Motion passed.
8. Consider/Discuss/Action regarding adopting the minutes from the July 6, 2017
Meeting.
Motion made by Nate Pike to approve the minutes with correcting the spelling of
Anthony Richardson name on item six. Seconded by Alonzo Tutson. Motion Passed by
all.
9. Adjourn.
I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT 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. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
8-3-2017 Reg EDC Meeting — Page 2
Motion made by Alonzo Tutson to adjourn. Seconded by Brent Thomas. Motion Passed
by all. Meeting adjourned at 6:41 pm.
APPROVED:
Connie Stump
President of EDC
ATTESTED:
Lauretta Blacketer
Secretary of EDC
1 NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT 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. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
8-3-2017 Reg EDC Meeting — Page 3