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HomeMy WebLinkAboutEDC/CDCpkt2020-04-09 Joint MeetingTHE CITY OF Anna CDC A:fifici *,E roc SPECIAL CALLED MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION AND ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, April 9, 2020 at 6:00 p.m. PERSONS CAN VIRTUALLY OBSERVE THE OPEN SESSION PORTIONS OF THIS MEETING ONLINE AT THE DATE AND TIME STATED ON THE CITY OF ANNA'S FACEBOOK PAGE httPs://www.facebook.com/City-of-Anna-281332118639373/ The Anna Community Development Corporation and the Anna Economic Development Corporation will conduct a special -called online meeting at 6:00 p.m. on Thursday, April 9, 2020, The Anna Community Development Corporation and the Economic Development Corporation will participate in this meeting remotely in compliance with the Texas Open Meetings Act as suspended or modified under the pending Declaration of Disaster and associated executive orders and proclamations of the Governor of Texas . 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge. 3. Citizen 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. Consider/Discuss/Act on approving minutes from the March 5, 2020 CDC Meeting. (CDC) 5. Consider/Discuss/Act on approving minutes from the March 5, 2020 EDC Meeting. (EDC) 6. Consider/DiscuWAct on approving minutes from the March 12, 2020 Special Called CDC Meeting. (CDC) 7. Consider/Discuss/Act on approving minutes from the March 12, 2020 Special Called EDC Meeting. (EDC) 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. oisabled 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. 8. Discuss COVID-19 response and resources available to the business community. 9. Consider/Discuss/Act on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. (CDC) 10, Consider/DiscusslAct on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. [EDC] 11. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. 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 §651.071); Discuss contract concerning Revolving Loan Fund; incentive and lease agreements. 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) Anna Business Park Property; potential retail and medical projects. 12. Reconvene into open session and take any action on closed session items. 13. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules, an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body, information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after posting of the agenda. IMPORTANT LEGAL NOTICE: The Corporation may vote andlor ad upon each of the items fisted in this agenda. The Corporation reserves the right to retire into executive session conceming any of the items fisted on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Oisahled 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. 14. Adjourn. This is to certifv that L Joey Grisham, Economic Development Director, posted this agenda online at www.annatexas.gov on or before 6:00 p.m. on April 6, 2020. , Economic Development Director IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items Iisied in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items fisted on this agenda, whenever if is considered necessary and legally justified under the Open Meetings Act. Oisabled 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. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary �'�Trii1a �Triria *CDC F P Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, March 5, 2020 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 CDC and EDC Board Members Present: Anthony Richardson, Bruce Norwood, Stan Carver, Michelle Hawkins, and Doris Pierce. Board Members Absent: Rocio Gonzalez and Terry Farrell. Others present: Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager), Clark McCoy (CDC/EDC Legal Counsel), and Lee Miller (City Council Member). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:03 p.m. 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the February 6, 2020 CDC Meeting. 5. Consider/Discuss/Act on approving minutes from the February 6, 2020 EDC Meeting. Bruce Norwood made a motion on behalf of the Community Development Corporation and the Economic Development Corporation to approve the minutes from the February 6, 2020 CDC and EDC Meeting. Doris Pierce seconded the motion with one edit — replace "of' with "on" under Item 6. A. All were in favor with Michelle Hawkins abstaining. Motion passed. 6. Consider/Discuss/Act on a Resolution adopting the Economic Development Strategic Plan. Joey Grisham explained next steps regarding the Economic Development Strategic Plan. The City Council will adopt the Economic Development Strategic Plan at their March 24t" meeting. Staff is adding metrics, creating a one -pager as discussed in the plan, and prioritizing items such as the incentive policy, target industry analysis, tagline/marketing, etc. Some items in the plan are contingent on available resources. Several items in the plan, Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary such as seeking land for Collin College, building relationships with landowners and developers, events, and marketing, are already underway. Michelle Hawkins noted some typos and grammatical errors that need to be revised. The board agreed to suggest a proof-reader to edit the grammar, spelling, spacing, etc. Doris Pierce noted that counting the number of meetings would not provide the measurements needed. She would like to include ratios and rates in success factors. For example, how many meetings result in new restaurant / retail? How many website hits turn into subscribers? What additional benchmarks, data, and sources can be included? Joey explained that the number of jobs, for example, can be difficult to track because they change rapidly and that some firms will not share that information. A company can have 10 jobs one day then 25 the next. Staff will review the success factors and adjust. Stan Carver stated the title "success factors" may be misleading because we do not want to force staff into a bunch of meaningless meetings, for example. Bruce Norwood agreed that he would like more measurable items that can be tracked annually on the scorecard. Some like change in sales tax are good, but projected and actual number of meetings do not give the Board the information they want. Michelle Hawkins suggested adding another box for `outcome' to the scorecard. The scorecard would show 10 meetings were projected, but 15 were held, and 3 meetings led to new developments. Lee Miller suggested a special called meeting to discuss edits to the plan, so it is ready before sending to the City Council. Bruce Norwood is not available next Thursday. Clark McCoy explained a committee, less than a quorum (four members), could meet without posting the meeting to review the strategic plan as long as the committee members do not communicate with other board members. Clark McCoy shared the contract with Catalyst states that all drafts are owned by Jason Claunch. The final document is owned by the Boards and can be changed at that point. Doris Piece would like to change the title "success factors" to "KPIs." She would like to reduce the number of success factors. The board agreed to change the title of success factors to "Measurables." The board also agreed to combine the first four factors for a business acquisition rate (the meetings divided by the number of commercial permits issued). The board agreed to remove the last success factor. The Board agreed to suggest switching core values and success factors within the document. Replace Economic Development with "Robust" and add "exceptional" to quality of life in the core values. The board agreed to send their edits to Jason for his review and meet next Thursday to consider/discuss/act on the updated plan. Anthony asked members to send any further edits to Taylor Lough tomorrow by noon so they can be sent to Jason and reviewed by him. Next steps will be developed, and a new copy will be sent to the board next Wednesday. Anthony Richardson made a motion to table the item. Stan Carver seconded the motion. All were in favor. Motion passed. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 7. Consider/Discuss/Act on updating the expenditure of funds for maintenance and operation of the Inc -Cube security system. (EDC) Joey Grisham stated that the not to exceed amount needed to be increased to $3,750 annually with the recent changes to the Inc -Cube Building. Doris Pierce made a motion on behalf of the Economic Development Corporation to update the expenditure of funds for funds, not to exceed $3, 750 annually, with Stanley Convergent Security Solutions, Inc. for maintenance and operations of the Inc -Cube security system. Bruce Norwood seconded the motion. All were in favor. Motion passed. 8. Director's Report A. Report on current financial status —Discussion Only Joey updated the Board on financials from January. Sales tax revenue continues to increase. B. Bisnow Event on March 26 The event begins at 8:00 a.m. at the Sheraton in McKinney. Industry, medical, and mixed -use developers as well as engineering firms will be in attendance. The focus of the presentation is on the 121 Corridor. Doris Pierce stated she planned to attend. C. March 24' Economic Development update to City Council Staff will provide a presentation to the City Council at 6:30 p.m. at City Hall sharing what the department has accomplished over the past year. An overview of the strategic plan will also be presented. A notice of possible quorum is posted as the Board is encouraged to attend. 9. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; 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); Discuss contract concerning Revolving Loan Fund; promotional contract. 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) Anna Business Park Property; potential retail and medical projects. Stan Carver made a motion for the Community Development Corporation at 8:11 pm to enter closed session. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 10. Reconvene into open session and take any action on closed session items. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Stan Carver made a motion to reconvene into open session at 8:55 p.m. Doris Pierce seconded the motion. All were in favor. Motion passed. No action was taken. 11. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. The Anna Sports Group is having a basketball tournament Friday from 6 to 9 p.m. at the Anna Middle School May 7t" will be the National Day of Prayer A blood drive will be held on Saturday from 11 a.m. to 3:00 p.m. at Frazzy's Popcorn 12. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 8:58 pm. Bruce Norwood seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: Anthony Richardson President of CDC/EDC Rocio Gonzalez Secretary of CDC/EDC Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary ATriria AnnTa �*CDC�*FL \' Anna Community Development Corporation and Anna Economic Development Corporation Special Called Meeting Minutes Thursday, March 12, 2020 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 CDC and EDC Board Members Present: Anthony Richardson, Stan Carver, Michelle Hawkins, and Doris Pierce. Board Members Absent: Bruce Norwood, Terry Farrell, and Rocio Gonzalez. Others present: Joey Grisham (Economic Development Director) and Taylor Lough (Economic Development Manager). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:04 p.m. 2. Invocation and Pledge. Invocation was given by Stan Carver. Pledge of allegiance was led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on a Resolution adopting the Economic Development Strategic Plan. Joey Grisham discussed changes made throughout the document including the formatting. He said the plan can change in the future based on Board feedback. Michelle Hawkins stated that she is happy with the document and the changes. She noticed hyphens on page 9 for goal 2, but no hyphens for page 7. The hyphens were removed on page 9. Doris expressed her appreciation for everyone's time and hard work on developing the plan. Stan Carver stated that he is excited for the plan and what is to come from it. He preferred that the measurables be simplified and Doris Pierce agreed. It was mentioned that the first measurable should also be on the Scorecard. Anthony Richardson made a motion to approve the resolution, pending the revisions discussed. Doris Pierce seconded the motion. All were in favor. Motion passed. 5. CLOSED SESSION (exceptions): Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; 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); Discuss contract concerning Revolving Loan Fund; promotional contract. 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) Anna Business Park Property; potential retail and medical projects. The Board did not enter closed session. 6. Reconvene into open session and take any action on closed session items. The Board did not enter closed session. 7. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. • Staff will provide the City Council a presentation at their March 24t" meeting. The Strategic Plan will also be on the agenda for City Council approval. Board Members are encouraged to attend. It is likely the presentation may start around 7:30 p.m. • Taylor Lough asked Board Members to let her know if they planned to attend the BISNOW event on March 26th • Breaking Free is hosting fundraiser banquet Monday night at eventl013 in Plano. 8. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 6:48 pm. Bruce Norwood seconded the motion. All were in favor. Motion passed. Officers: Anthony Richardson, President Stan Carver, Vice -President Rocio Gonzalez, Secretary APPROVED: Anthony Richardson President of CDC/EDC Staff: Joey Grisham, Economic Development Director Taylor Lough, Economic Development Manager ATTESTED: Rocio Gonzalez Secretary of CDC/EDC A:iILILKIa ATrina �* CDC *EDC Item No. 8 CDC/EDC Agenda Staff Report Meeting Date: 4.09.2020 Staff Contact: Joey Grisham AGENDA ITEM: Discuss COVID-19 response and resources available to the business community. SUMMARY: Earlier this month staff created a webpage on the EDC website that includes a variety of information and links to outside resources. The webpage can be found at the following address: https://opportunityannatx.com/covid-19/ Staff has closely followed legislative action and implementation of the CARES Act as well as loans and relief programs through the Small Business Administration. Through webinars, articles, and outreach with other EDCs and industry experts, staff is following market trends and gathering best practices. Staff is also in regular communication with the Greater Anna Chamber of Commerce and local businesses. The CDC provided input on a social media campaign to "chalk the city" with positive messages for open local businesses, healthcare workers, and first responders. STAFF RECOMMENDATION: ATTACHMENTS: A:iILILKIa ATrina �* CDC *EDC Item No. 9 CDC/EDC Agenda Staff Report Meeting Date: 4.09.2020 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Act on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. (CDC) SUMMARY: Last April, the CDC Board approved a Resolution entering into a contract with Carey Cox Real Estate for real estate representation on the Anna Business Park. Carey Cox has done a very good job of working with the CDC/EDC, marketing the site, and brought forth multiple leads and prospects. The amendment up for discussion will add a year to the current contract. STAFF RECOMMENDATION: Approve a Resolution amending the contract with Carey Cox Real Estate for real estate representation. (CDC) ATTACHMENTS: 1. Resolution 2. Amendment Document/Agreement AMENDMENT TO EXCLUSIVE LISTING AGREEMENT This Amendment to the Exclusive Listing Agreement identified below (this "Amendment") is entered into on April 9, 2020 by and amongst Carey Cox Company, Anna Economic Development Corporation, and Anna Community Development Corporation (collectively, the "Parties"). WHEREAS, on April 22, 2019, the Parties entered into that certain North Texas Commercial Association of Realtors Exclusive Listing Agreement for Sale or Lease attached hereto as Exhibit 1 (the "Agreement"); and WHEREAS, the listing term of the Agreement was for one (1) year and is now nearing expiration; and WHEREAS, the Parties desire to extend the listing term of the Agreement for an additional one (1) year period; NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Amendment to Extend Term of Agreement. The Parties agree to amend the first sentence of paragraph 2 on page one (1) of the Agreement to read as follows: "2. Listing Term. The term of this Agreement (the `Term') commences on its execution and will expire two (2) years from the Execution Date (the `Expiration Date')." Section 3. No Other Amendments. The Agreement shall otherwise remain in full force and effect. SIGNATURES: OWNER: BROKER: Anna Economic Development Corporation Carey Cox Company Anna Community Development Corporation Anthony Richardson, President David Cox, Principal AMENDMENT TO LISTING AGREEMENT Page 1 of 1 Carey Cox Company NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS@ EXCLUSIVE LISTING AGREEMENT FOR SALE OR LEASE This Agreement is entered into by the undersigned owner(s) (the "Owner") and broker (the "Broker") regarding the property described as Abs A0033 D E W Babb Survey, Sheet 2, Tract 178, 85.571 Acres in Collin County, Texas, or as may be more particularly described on any attached Exhibit "A", SURVEY AND/OR LEGAL DESCRIPTION, together with the improvements located upon the property and owned by Owner (collectively, the "Property"). Owner desires to retain the services of Broker to help Owner sell and/or lease the Property. For valuable consideration, Owner and Broker agree as follows: 1. Appointment. Owner appoints Broker as Owner's agent for the Term (defined below), upon the terms and conditions in this Agreement, with the exclusive right to list and [check all applicable boxes] ❑X sell the Property, and/or ❑ lease the Property. Broker will assist Owner in the marketing of the Property and in the negotiating of a sale or lease agreement with any prospective purchaser or tenant (the "Prospect"). Broker may carry out Broker's duties under this Agreement through Broker's sales associates and other brokers ("Cooperating Brokers"). The term "sale" as used in this Agreement includes an exchange. 2. Listing Term. The term of this Agreement (the "Term") commences on its execution and will expire on 1 Year from Execution Date (the "Expiration Date"). Notwithstanding the foregoing, this Agreement may be terminated by either party hereto, with or without cause, by delivering prior written notice of such early termination to the other party. If so terminated, the Term shall be deemed to expire 60 days after said prior written notice is delivered. 3. Listing Price for Sale. The listing sales price of the Property is $ TBDby Owner 4. Listing Rent and Terms for Lease. The listing rental and terms of the Property for lease are: Unless Owner agrees otherwise in a written lease, Owner will pay the following expenses [check all applicable boxes]: full services provided to tenant❑, real estate taxe0 property insurance premiums❑common area maintenance; maintenance of roof, foundation and structural soundness; alr]utilities; utilitiesutilitws except electricity; or none (absolute net lease). 5. Professional Service Fee. a. Owner agrees to pay Broker a professional service fee (the "Fee") asset forth below [check all applicable boxes]: ❑X (i) Sale. (A) Six Point Zero percent ( 6.000 %) of the Sales Price of the Property; or (B) $ . The term "Sales Price" means the gross sales price of the Property, including the value of any other property given in exchange. Owner shall pay the Fee or cause the Fee to be paid to Broker at the closing of the sale. ❑ (ii) Lease. (A) percent ( %) of the aggregate rental provided in the lease (the "Rental"); or (B) $ Owner shall pay the Fee or cause the Fee to be paid to Broker: ❑ one-half upon execution of a lease agreement and one-half upon possession of the Property by the Prospect; or If the Property is leased to a Prospect procured by a Cooperating Broker, then the Fee will be increased to 150% of the amount specified above. b. The Fee is payable in the county in which the Property is located. Execution by the Owner of a contract or lease on any price, rental or terms other than as listed in this Agreement will not preclude Broker from collecting the Fee based upon the actual price or rental. Owner will pay the Fee upon the sale, exchange, lease or transfer EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Carey Cox Company, P. O. Box 977 McKinney TX 75070 Phone. (972)562-8003 Fax 85.57 .Acres - Anna David Cox Produced with zipForrr) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com of a legal or equitable interest in the Property (including a contract for deed) to a Prospect during the Term or during the Protection Period. In the event of an exchange of the Property, Broker may receive a professional service fee from each of the parties to the transaction, and the amount of the Fee paid by Owner pursuant to any exchange will be determined by the greater of the listing sales price or the agreed value of the Property as set forth in the exchange agreement. Owner authorizes any title company escrow officer, or any other person handling the closing of any transaction, to pay the Fee directly to Broker out of the proceeds at the closing. 6. Protection Period. As to transactions that close after the Expiration Date, Owner will pay the Fee to Broker upon the closing of a transaction with a Listed Prospect (defined below) if, within 180 days after the Expiration Date (the "Protection Period"), Owner: (i) executes a contract of sale or exchange with a Listed Prospect or (ii) otherwise agrees to transfer any legal or equitable interest in the Property to a Listed Prospect. The term "Listed Prospect" means a Prospect named on a written list of Prospects with whom Broker has had contact, not to exceed 20 names, delivered to Owner within 10 days after the Expiration Date, provided Broker (or a Cooperating Broker) during the Term: (i) procured the Prospect; (ii) engaged in negotiations with the Prospect; or (iii) showed the Property to the Prospect. If there is a pending agreement to sell or lease the Property (a "Pending Transaction") between Owner and a Prospect, including a contingency contract or an option agreement, and the Pending Transaction has not been closed and funded before the Expiration Date, then this Agreement will remain in effect as to the Pending Transaction until the earlier of: (i) the Pending Transaction closes and the Fee is paid to Broker; or (ii) the Pending Transaction expires or is terminated, and is not renewed or reinstated. The prospective purchaser or tenant in any Pending Transaction will automatically be deemed to be a Listed Prospect, in addition to any that might be set forth on any list of Prospects Broker may deliver to Owner. If Owner enters into a listing agreement with another real estate broker with respect to the Property after the Expiration Date, then Owner shall exclude the Listed Prospects from the other broker's listing agreement during the Protection Period. 7. I DnneIual Expansion or @aIn ■ ■ - - • ■ - - - - - - ■ - - - - - - - ■ 8. Owner's Representations. Owner represents to Broker and agrees as follows: a. Title. Owner: (i) is the sole fee simple owner of the Property; (ii) is authorized and has the capacity to execute and deliver this Agreement; (iii) has the right and authority to convey good and indefeasible title to the Property; and (iv) has the right and authority to sell and lease the Property. b. Legal Action. Owner shall notify Broker in writing if any actions are brought, or Owner receives any written notices pertaining to, any foreclosures, lien claims, litigation, or condemnation proceedings with respect to the Property or any part of the Property. EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Produced with zipFormS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 85.57 Acres - c. Disclosures. To Owner's knowledge, other than as disclosed to Broker in writing, the Property: (i) does not have any material latent, structural or construction defects; and (ii) is not contaminated with any toxic or hazardous substance in violation of applicable laws and regulations. d. Cooperation. Owner shall refer all inquiries about the Property to Broker, and Owner shall conduct negotiations with Prospects through Broker. e. Indemnity. Owner shall defend and indemnify Broker, Broker's sales associates and subagents against any liability and expense (including, but not limited to, reasonable attorney's fees) due to: (i) any incomplete, incorrect, misleading or inaccurate information furnished by Owner about the Property; or (ii) concealment by Owner of any material information about the Property. f. Expenses. Owner will promptly pay, or reimburse Broker for, those expenses incurred by Broker on behalf of Owner in advertising and marketing the Property that are specifically authorized by Owner, after receipt by Owner of a written statement of the authorized expenses. 9. Cooperating Brokers. Owner authorizes Broker to cooperate with and use the services of Cooperating Brokers and their sales associates from time to time. Broker may share a portion of the Fee with Cooperating Brokers, including Cooperating Brokers who may be acting as agents for Prospects. Owner shall pay the full amount of the Fee to Broker, and Broker may divide the Fee with Cooperating Brokers in proportions determined by Broker. 10. Broker's Authority. a. Broker will use such marketing techniques and devote such time and effort on Owner's behalf as Broker reasonably deems appropriate and necessary to attempt to achieve the timely sale or lease of the Property. Owner gives Broker the exclusive right to place advertising signs on the Property and to remove all other real estate signs. Owner authorizes Broker to list the Property in a computer network. b. Broker is authorized to enter upon the Property at reasonable times to show the Property to Prospects, Cooperating Brokers, inspectors, agents and contractors. c. Broker may use the listing information, Sales Price, Rental and terms information for Broker's market evaluation, networking and appraisal purposes, and for disclosing to other persons as Broker may deem desirable, including disclosing the information in a computer network. 11. Intermediary Relationship. If Exhibit "B", Intermediary Relationship, is attached to this Agreement, then Owner authorizes Broker to act as an intermediary as set forth in that exhibit. 12. Miscellaneous. a. Notices. Any notice under this Agreement must be in writing and will be deemed delivered on the earlier of: (i) actual receipt, if delivered in person or by messenger with evidence of delivery; (ii) receipt of a facsimile transmission ("Fax") with confirmation of delivery; or (iii) upon deposit with the United States Postal Service, certified mail, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth below. ❑ Owner also consents to receive any notices by email. ❑ Broker also consents to receive any notices by email. b. Right to Claim a Lien. Pursuant to Chapter 62 of the Texas Property Code, Broker discloses Broker's right to claim a lien based on this Agreement. Owner will include a provision in any Lease as to which Broker is entitled to a Fee pursuant to this Agreement that confirms the agreement to pay the Fee to Broker. c. Limitation of Liability. Broker's liability for Broker's breach of this Agreement, negligence, or otherwise, is limited to the return of the Fee, if any, paid to Broker pursuant to this Agreement. d. Options. If Owner enters into an option agreement to sell or lease all or part of the Property to a Prospect during the Term or during the Protection Period, and Owner collects payments as consideration for the option, EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Produced with zipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi[)Locix.com 85.57 Ades - then Owner shall pay to Broker, as option payments are received, a commission (the "Option Commission") in the amount of one-third (1/3) of each option payment as compensation earned by Broker for services rendered under this Agreement. The Option Commission will be non-refundable if the Prospect does not exercise the option, but if the Prospect exercises the option then the sum of the Option Commission paid to Broker will be credited toward Owner's obligation to pay the Fee to Broker upon the sale or lease of the Property. e. , and the PFGperty GGRstituteis substantially all of the assets of Owner, then a transfer of a rnajer;ty nf thp lstnr, stitute a sale fer purposes of this Agreement, and Owner shal may. f. Related Persons. For purposes of this Agreement, any person or entity related to a Prospect or a Listed Prospect by family or business relationship will also be deemed to be a Prospect or Listed Prospect. g. Legal Expenses. The prevailing party in any legal proceeding brought in relation to this Agreement is entitled to recover from the other party reasonable attorneys' fees, pre -judgment interest as allowed by law, and costs of collection, in addition to the Fee and any other recovery the prevailing party may be entitled to receive. h. Severability. If any provision of this Agreement is found by a court to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed to be deleted from this Agreement, and the remainder of this Agreement will continue to be valid and enforceable. I. Binding Effect. This Agreement is binding upon and for the benefit of the parties to this Agreement and their successors, heirs and permitted assigns. This Agreement may not be assigned by either party without the written consent of the other party. This Agreement cannot be modified or terminated except by a written agreement executed by both parties. Each party acknowledges that they have read this Agreement and have had an opportunity to review it with an attorney of their choice. j. Governing Law. This Agreement will be governed by the laws of the State of Texas. k. Description of Property. If a more accurate description of the Property is set forth in any contract or Lease executed by Owner and any Prospect, or in any survey prepared pursuant to any contract or Lease, then the more accurate description will be deemed to be incorporated in this Agreement as the description of the Property. I. Information About Brokerage Services. Owner acknowledges receipt of the Information About Brokerage Services form attached to this Agreement as Exhibit "C". m. Disclosure Notice. If a completed Disclosure Notice is attached to this Agreement as Exhibit "D", then Owner has made a statement of the condition of the Property, to the best of Owner's knowledge, as set forth on the attached Exhibit "D". n. Exhibits. Any exhibits and addenda attached to this Agreement are incorporated as a part of this Agreement: Exhibit "A" - Survey and/or Legal Description Exhibit "B" - Intermediary Relationship Authorized Exhibit "C" - Information About Brokerage Services Exhibit "D" - Disclosure Notice 13. Special Provisions. EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 85.57 Acres - This Agreement is effective on the last date beneath the signatures below. OWNER: /1w BROKER: Anna Economic Development Corporgpon Anna Community Development 5@Qrtion `o4 Carey Cox Company/1 I i i By [Signature]: By [Signature]: Printed Name: Anthony Richardson Printed Name: D v'd"Cox Title: Board President Title: Principal Address: 111 N Powell Pkwy Address: 321 N. Central Expressway, Suite 370 Anna, TX 75409 McKinney, TX 75070 Phone: Telephone: (972)562-8003 Fax: Fax: 972 562-0594 Date: �2- Z ' Date: PERMISSION TO USE: This form is provided for use by members of the North Texas Commercial Association of Realtors®, Inc. (' NTCAR'), members of the North Texas Commercial Association of Real Estate Professionals, Inc., and other licensed users of an NTCAR electronic forms system. Permission is given to make limited copies of the current version of this form for use in a particular Texas real estate transaction. Please contact the NTCAR office to confirm you are using the current version of this form. Mass production, or reproduction for resale, is not allowed without express permission. Any changes to this form must be made in a manner that is obvious. If any words are deleted, they must be left in the form with a line drawn through them. If changes are made that are not obvious, the person who made the change could be subject to a claim of fraud or misrepresentation for passing off an altered form as if it were the genuine NTCAR form. EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Produced with zipForrrO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com 85.57 Acres - Carey Cox Company EXHIBIT "A" SURVEY AND/OR LEGAL DESCRIPTION Abs A0033 D E W Babb Survey, Sheet 2, Tract 178, 85.571 Acres EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Carey Cox Company, P. O. Box 977 McKinney TX 75070 Phone: (972)562-8003 Fax 85.57 Acres - Anna David Co. Produced with zipFormV by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Locix.com Carey Cox Company EXHIBIT "B" INTERMEDIARY RELATIONSHIP AUTHORIZED a. Authorization. Owner authorizes Broker to show the Property to Prospects represented by Broker. If any Prospect represented by Broker wishes to purchase or lease the Property, Owner authorizes Broker to act as an intermediary between Owner and the Prospect, and to assist both Owner and the Prospect in negotiations for the sale or lease of the Property. In that event, Broker's compensation will be paid by Owner in accordance with the terms of this Agreement, and Broker may also be paid a fee by the Prospect. A broker, and any broker or salesperson appointed to communicate with and carry out instructions of one party, who acts as an intermediary is required to act fairly and impartially, and may not: (i) disclose to the buyer or tenant that the seller or landlord will accept a priceless than the asking price, unless otherwise instructed in a separate writing by the seller or landlord; (ii) disclose to the seller or landlord that the buyer or tenant will pay a price greater than the price submitted in a written offer to the seller or landlord, unless otherwise instructed in a separate writing by the buyer or tenant; (iii) disclose any confidential information, or any information a party specifically instructs the real estate broker in writing not to disclose, unless: (a) the broker or salesperson is otherwise instructed in a separate writing by the respective party; (b) the broker or salesperson is required to disclose the information by the Texas Real Estate License Act or a court order; or (c) the information materially relates to the condition of the Property; (iv) treat a party to the transaction dishonestly; or (v) violate the Texas Real Estate License Act. b. Appointments. Broker is authorized to appoint, by providing written notice to the parties, a license holder associated with Broker to communicate with and carry out instructions of one party, and another license holder associated with Broker to communicate with and carry out instructions of the other party. An appointed license holder may provide opinions and advice during negotiations to the party to whom the license holder is appointed. OWNER Anthony Richardson, Board President Anna Economic Development Corporation Anna Community Development Corporation EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Carey Cox Company, P. O. Box 977 McKinney TX 75070 Phone: (972)561-8003 Fax 85.57 .Acres - Anna EXHIBIT C „-; Information About Brokerage Services $°vP'b`s"1°ui1iTv Texas law requires all real estate license holders to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client; and • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: 11-2-2015 AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agentthrough an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. Carey Cox Company 3 8 5 2 3 3 bcox@careycoxcompany.com 972-562-8003 Licensed Broker /Broker Firm Name or License No. Email Phone Primary Assumed Business Name A1711 I .r, 1IN219W Designated Broker of Firm David Cox Licensed Supervisor of Sales Agent/ Associate David Cox Sales Agent/Associate's Name 3 417 8 8 bcox@careycoxcompany.com 972-562-8003 License No. Email Phone 4 7 2 92 8 dcox@careycoxcompany.com 972-562-8003 License o. Email Phone 4 7 2 9 2 8 dcox@careycoxcompany.com License No. — Email Buyer/Tenant/Seller/Landlord Initials Date 972-562-8003 Phone Regulated by the Texas Real Estate Commission Information available atwww.trec.texas.gov TABS 1-0 Carey Cox Company EXHIBIT "D" DISCLOSURE NOTICE This Disclosure Notice (this "Notice") is a statement by Owner of the condition of the Property made as of the date of this Notice. This is is not a substitute for any inspections any tenant or purchaser may make or for warranties that may be made by others. To best of Owner's knowledge, other than disclosed by Owner in this Notice: (1) the Property does not have any material latent, structural, or construction defects; (2) the Property is not contaminated with Hazardous Materials in violation of applicable laws and regulations; (3) none of the improvements on the Property has been constructed of materials known to be a potential health hazard to occupants of the Property; and (4) the following information is true and correct in all material respects, and Owner has included any material fact concerning the Property of which Owner is aware. These representations are not warranties or guarantees by Owner. Owner authorizes the Brokers to disclose to any tenant or purchaser all information about the condition of the Property whether disclosed to the Brokers by Owner orally or in writing (by this Notice or otherwise), or otherwise discovered. Owner shall advise any tenant or purchaser and the Brokers of any other material fact or condition, not reported here, that may arise or become known to Owner before the Closing. These representations are made by Owner only and are not representations of the Brokers. Owner acknowledges that any tenant or purchaser and the Brokers will be relying upon the accuracy and completeness of this information. Please answer all questions. If the answer to any question is "Yes," explain on a separate sheet. N/A YES NO UNKNOWN 1. Buildings and Improvements. Are there any defects or repairs needed to the following? a. Roof, parapets, flashing, penetrations, chimneys, skylights b. Air conditioning, refrigeration, heating, ventilating systems, air ducting, fans c. Foundation piers, slabs, grade beams, footings, retaining walls d. Floors, interiors, floor coverings, ceilings, millwork, partitions e. Exterior walls, curtain walls, weather proofing, caulking f. Structural components, columns, trusses, beams, bracing g. Electrical systems, wiring, lighting, fixtures and equipment h. Plumbing systems, piping, drains, valves, fixtures and equipment i. Elevators, escalators, overhead doors, other built-in mechanical equipment j. Windows, doors, plate glass, canopies, other architectural features k. Parking areas, driveways, steps, walks, curbs and otherpavements I. Landscaping, irrigation systems, embankments, fences, signs 2. Hazardous Materials. Have there been any Hazardous Materials: a. Released or deposited on or under or about the Property, or leaking on or from the Property? b. Used in the construction of the improvements or in finishing materials? c. Released or deposited on or leaking from other properties contiguous to the Property? 3. Subsurface Conditions. a. Are there any material soil, geological, groundwater, or foundation problems? b. Are there underground storage tanks or leaking pipes on the Property? c. Is the Property situated in a wetland or over a garbage dump or waste landfill? EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Carey Cox Company, P. 0. Box 977 McKinney TX 75070 Phone. (972i562-8003 Fax 85.57 Acres - Anna David Cox Produced with zipFonr@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wsvw.z pLovix.cam NIA YES NO UNKNOWN 4. Special Conditions. a. Are there any public or private easements or agreements for utilities or access? b. Is the property flood prone or located in a 100-year flood plain? c. Are there any violations of building codes, zoning ordinances, EPA regulations, OSHA regulations, or Texas Commission on Environmental Quality rules? d. Are there any violations of Deed Restrictions covering the Property? e. Are there any threatened condemnations by public authorities or utility companies, including planned streets, highways, railroads, utilities, or development projects? f. Is the Property located in a historical district orplaDDEd development district? g. Is the Property In any special zoning district or under a specific use permit? h. Are there any pending changes in zoning or in the physical condition of the Property? i. Is the Property subject to membership in a property owners' association or dues? 5. Utilities Present. (Strike those not on the Property): City Water; Sanitary Sewer; Storm ainage, Natural Gas; Electricity. OWNER: Anna Economic Development By: P....,.,, ,nifv n—lnnment Corooration Anthony Richardson, Board President Date: EXCLUSIVE LISTING AGREEMENT ©Copyright 2014 NTCAR Form No. 4 (7-22-14) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www. ZIPLooix. com 85.57 acres - A:iILILKIa ATrina �* CDC *EDC Item No. 10 CDC/EDC Agenda Staff Report Meeting Date: 4.09.2020 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Act on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. (EDC) SUMMARY: Last April, the EDC Board approved a Resolution entering into a contract with Carey Cox Real Estate for real estate representation on the Anna Business Park. Carey Cox has done a very good job of working with the CDC/EDC, marketing the site, and brought forth multiple leads and prospects. The amendment up for discussion will add a year to the current contract. STAFF RECOMMENDATION: Approve a Resolution amending the contract with Carey Cox Real Estate for real estate representation. (EDC) ATTACHMENTS: 1. Resolution 2. Amendment Document/Agreement