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HomeMy WebLinkAboutEDCRes2017.05.12ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. ao/7—DS-lam EDC, A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING THE ADOPTION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (CCR's) FOR THE ANNA BUSINESS PARK PROPERTY WHEREAS, the Anna Economic Development Corporation (the "EDC") has purchased property; and WHEREAS, the EDC has determined that adopting CCR's is in the best interests of the EDC and will protect the value and desirability of the business park property. 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 Board of Directors of the Anna Economic Development Corporation ("Board") authorizes the Chief Administrative Officer to execute, on behalf of the EDC, and subject to approval of the form and content by the EDC's legal counsel, the attached Exhibit A, the CCR's, along with any associated documents (collectively, the "CCR's") necessary to implement and finalize the property restrictions stated in Exhibit A. The Board further authorizes the Chief Administrative Officer to record the CCR's in the Collin County Clerk's Property Records. fk PASSED AND APPROVED by the Anna Economic Development Corporation this day of M G{ , 2017. APPROVED: ConnIe Stump EDC President ATTEST: Z" La retta Blacket r EDC Secretary EDC OF ANNA, TEXAS RESOLUTION NO a �'�5����' `��� PAGE 1 OF 1 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. 2017-,-oy-D6 � ) A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING THE ADOPTION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (CCR's) FOR THE ANNA BUSINESS PARK PROPERTY WHEREAS, the Anna Community Development Corporation (the "CDC") has purchased property; and WHEREAS, the CDC has determined that adopting CCR's is in the best interests of the CDC and will protect the value and desirability of the business park property. NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY 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 Board of Directors of the Anna Community Development Corporation ("Board") authorizes the Chief Administrative Officer to execute, on behalf of the CDC, and subject to approval of the form and content by the CDC's legal counsel, the attached Exhibit A, the CCR's, along with any associated documents (collectively, the "CCR's") necessary to implement and finalize the property restrictions stated in Exhibit A. The Board further authorizes the Chief Administrative Officer to record the CCR's in the Collin County Clerk's Property Records. PASED AND APPRO ED by the Anna Community Development Corporation this (o day of , 2017. APPROVED: Nathan Pike CDC President ATTEST: Lau tta Blacketer CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO. °��'��'�� 61)e-PAGE 'I OF 1 Exhibit A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ANNA BUSINESS PARK This Declaration of Covenants, Conditions and Restrictions (this "Declaration") for the Anna Business Park (the "Property") is made on the date hereinafter set forth by the Anna Economic Development Corporation, a Texas Type A development corporation, and the Anna Community Development Corporation, a Texas Type B development corporation (collectively "Declarant"), for the purposes of insuring proper use and appropriate development and improvements of the Property. RECITALS WHEREAS, certain capitalized words and phrases are defined in Article 2 of this Declaration; and WHEREAS, Declarant is the owner of all of that certain real property located in Collin County, Texas (the "Property") and described in Exhibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, the Declarant seeks to sell the Property or parts thereof for commercial, office, industrial, and manufacturing uses, subject to the covenants, conditions and restrictions hereinafter set forth, which shall run with the Property and shall be binding on Declarant and its successors having or acquiring any right, title or interest in the Property or any part thereof, the grantees of the Declarant and their lessees and successors and shall inure to the benefit of Declarant and each owner thereof; and WHEREAS, Declarant deems it to be in the best interest to provide for the preservation of property values in the Anna Business Park and the maintenance and improvement of certain landscaped areas, screening devices and drainage facilities, signage, and common areas, and to enforce these restrictions, to collect and disburse the assessments and charges hereinafter created and to perform all other functions as set forth in this Declaration; and WHEREAS, Declarant has theretofore caused the Anna Business Park Association (the "Association") to be incorporated as a non-profit corporation according to the laws of the State of Texas for the purposes of exercising the functions set forth in this Declaration; and NOW, THEREFORE, Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions, charges and liens hereinafter set forth. ARTICLE 1. GENERAL PURPOSES OF COVENANTS, CONDITIONS AND RESTRICTIONS A. The Property is subject to the covenants, conditions, restrictions and responsibilities hereinafter set forth to insure proper use, appropriate development and improvements, and provide future maintenance of all Areas to be Maintained and other common areas so as to: 1. Establish an environment which will meet both the present and projected needs of the occupants of the premises and the inhabitants of the surrounding community; 2. Insure proper uses and development of the Property and of individual building sites; 1 Exhibit A 3. Promote land development and usage that will not create excessive noise, glare, smoke, fumes or unsightly accumulation of equipment, goods or materials; 4. Insure the proper use of the land for the long-term benefit of the owners and tenants of the Property and the surrounding community; 5. Promote harmonious development of the various sites located within and adjacent to the Property; and 6. Insure the long-term maintenance of common areas, landscaping and drainage facilities so as to prevent deterioration and maintain the functionality of such areas. ARTICLE 2 DEFINITIONS A. Areas to be Maintained —shall mean and refer to the medians in public street rights -of -way, including entry signs for the Property and any flags and flagpoles and associated lighting; drainage retention or detention ponds and other facilities and features specifically designed to capture and direct storm water runoff from multiple tracts; and any other property, sign or feature designed to contribute to the collective appearance and proper functioning of the Anna Business Park. B. Association — shall mean and refer to the Anna Business Park Property Owners Association, its successors and assigns. C. Board — the elected Board of Directors for the Association, which shall always include a minimum of two representatives of the Declarant. D. Declarant — shall mean and refer to the Anna Economic Development Corporation and the Anna Community Development Corporation, and their respective successors and assigns; provided, however, that should the Anna Economic Development Corporation or the Anna Community Development Corporation be dissolved or otherwise terminate then "Declarant" shall mean any existing entity described in this paragraph and also include a municipal development district if one is established by or in the City of Anna. E. Design Review Committee — shall mean and refer to the committee described in Article 10 of this Declaration. F. Lot— shall mean and refer to any plot or tract of land shown upon any recorded plat of the Property. G. Member— shall mean and refer to every person or entity who holds membership in the Association. H. Owner — shall mean and refer to the owners of record, whether one or more persons or entities, of title to any Lot which is a part of the Property, including contract sellers but excluding those having such interest merely as security for the performance of an obligation. 2 Exhibit A I. Property — shall mean and refer to the real property located at the northeast corner of the Collin County Outer Loop and State Highway 5 and owned by the Anna Economic and Community Development Corporations and illustrated in Exhibit "A" attached. ARTICLE 3 PERMITTED AND PROHIBITED USES AND STRUCTURES A. The Property is intended to be developed and used as a business park primarily with office, commercial, industrial and manufacturing uses. All portions of the Property shall be used in accordance with the zoning duly adopted for the Property by the City Council of the City of Anna, Texas, as it exists today and as it may be amended. In addition, the following uses are prohibited: 1. Residential Uses, unless allowed by the Declarant as a caretaker's or guard's residence. 2. Automotive Sales, including auctions. 3. Automobile Repair, including paint and body repair. 4. Any use which is determined by the Declarant to be objectionable by reason of excessive noise, dust, smoke, fumes, odors, vibrations, glare, vermin, liquid or solid wastes; except that activities required in the public interest or for public services will not be restricted by this limitation. 5. Uses which will result in unsafe or hazardous conditions including without limitation toxic or noxious matters, fire and explosion hazards or radiation hazards. 6. Portable buildings, office trailers and similar temporary structures, unless erected and used for non-residential purposes by contractors performing construction of improvements on the Property. ARTICLE 4 DEVELOPMENT STANDARDS A. These standards are intended to promote attractive design and appearance of the buildings and the landscaped grounds and Areas to be Maintained and other common areas of the Property. The Design Review Committee (as defined in Article 11) shall have the power to enforce strict compliance with these development standards, taking into consideration the aesthetic appearance, consistency of design and appropriate use of materials and plantings. 1. Unless specifically permitted by the Design Review Committee in writing, each Lot and all structures shall be oriented to and gain access from the internal street(s) within the Property and no Lot or structure shall face and gain access from the Collin County Outer Loop and Foster Crossing Road (County Road 421). 2. Each building should be designed to complement the general architectural character of the Property in the use of materials, color, and scale. 3. Unless specifically permitted by the Design Review Committee in writing, with the exception of window and door glazing,100% of all building facades shall consist of brick, stone, split face block tilt wall panels or precast concrete. 4. Precast concrete or tilt wall panels shall not have an exposed aggregate stone or pebble texture. Precast panels on all sides of the building shall be scored or seamed to provide visual interest and a repeating pattern. 3 Exhibit A 5. Metal exterior walls are prohibited. Metal panels may be used only as architectural accents, awnings and canopies. 6. Buildings shall be articulated at all entrances facing streets by a minimum of two offsets (fagade articulations that extend outward from the building must be set back at some point in a corresponding manner) in the fagade of a minimum four (4) feet in depth. Each offset shall extend a minimum of 20 feet in length. The elements used for articulation must extend to the parapet of the building. 7. Building entrances shall be covered by an awning or canopy. 8. Windows and/or glass accents shall not exceed 20% reflectivity. However, the use of tinted, inward facing mirrored glass that helps to achieve energy efficient design is encouraged. 9. Windows, doors, eaves, parapets, soffits, overhangs, canopies and awnings should be used to provide variety to the building fagade. 10. Rooftop and ground mounted mechanical units, generators and HVAC equipment must be screened from view from any adjacent street by a screen or parapet that extends the full height of the equipment. 11. Parking structures shall maintain compatible architectural features and fagade materials shall be complementary in color and design with the main building. ARTICLE 5 PARKING AND LOADING AREAS A. A sufficient number of off-street parking spaces shall be provided to minimize parking by employees and visitors on public streets, and parking areas shall be designed in a manner as to provide for easy and safe access in and out of the various developed tracts within the Property. B. The use of buildings and properties for every day or special event activities that exceed the parking capacity shall be prohibited. C. Parking shall not be allowed on grass or unpaved surfaces. However, semi -permeable "green parking" turf block or similar materials may be permitted if approved by the Design Review Committee. D. A minimum six (6) foot wide sidewalk shall be provided where parking spaces are designed to overhang the sidewalk. E. The design and orientation of building(s) shall minimize the exposure of loading and trash collection areas from adjacent streets and properties. No loading spaces or dock doors shall face streets. F. Overnight trailer and shipping container storage is prohibited unless being actively loaded or unloaded. Only two (2) trailers or shipping containers may be stacked during loading and unloading. G. Loading areas shall be screened by a solid masonry, tilt wall or split face block wall a minimum ten (10) feet in height, or a solid landscape screen of irrigated shrubs with a minimum height of six (6) feet at planting but which will achieve a height of ten (10) feet within three to five years of planting if approved by the City of Anna. H. All publicly accessible areas shall be designed and constructed in accordance with applicable laws related to accessibility for the disabled. ARTICLE 6 LANDSCAPING AND SCREENING A. A minimum six (6) foot tall perimeter screening wall or fence shall be constructed by the developer of each tract within the Property that abuts the Collin County Outer Loop and transmission line on the south and Foster Crossing Road on the north. The wall or fence shall be constructed of thin wall brick 4 Exhibit or precast concrete panels or steel/rod iron material with substantial pier construction and the color and masonry detailing of each section(s) of the wall. or fence shall be as approved by the Design Review Committee. Walls shall be topped with a concrete or stone cap. The wall or fence shall be set back a minimum of thirty (30) feet from the northern edge of the transmission line easement or the southern right -of --way Fine of Foster Crossing Road. A five (5) foot offset shall be provided in the wall for the length of two panels at a rate of one offset every forty (40) feet or as determined by the Design Review Committee. A five (5) foot wide maintenance easement shall be dedicated on both sides of the screening wall or fence to provide space for future maintenance, repair and replacement of the screening structure B. The thirty (30) foot wide setback shall be maintained as a landscaped edge, with a one (1) minimum three (3) inch caliper tree planted per forty (40) linear feet. Trees may be grouped or clustered to enhance the landscaped design. Tree species used shall be red oak, burr oak, cedar elm or Chinese pistache; however, the Design Review Committee may approve the use of alternative tree species. C. Landscaping for each developed Lot within the Property shall be provided in compliance with all applicable landscaping standards and regulations adopted by the City of Anna. D. Landscaped areas within parking areas shall be contained by a six (6) inch tall curb, unless the landscaped area is part of an onsite drainage system approved by the City of Anna. E. Landscaping shall be used to enhance entrance and exit driveways to each Lot or tract within the Property. F. If used, berms shall not exceed thirty-six (36) inches in height, have a maximum slope of 3:1 and shall vary in height and be contoured rather than installed in a straight line. G. An automatic irrigation system shall be provided for all landscaped areas and shall be designed in a manner to conserve water and to prevent excessive spray and runoff onto paved surfaces. Rain sensors shall be required for all irrigation systems. H. All landscaping shall be properly maintained at all times. Dead or dying plant materials shall be removed and replaced in an expeditious manner. Trees and other plants that become overgrown shall be pruned to maintain visibility and access for vehicles and pedestrians and to maintain healthy plantings. I. Appropriate plant materials shall be chosen and installed in a manner designed to promote water conservation and the use of native plants. J. Landscaping shall not interfere with visibility requirements adopted by the City of Anna at street and driveway intersections or create visibility problems within parking lots. K. Appropriate turf, gravel or other materials shall be maintained at all times for drainage swales, rain gardens, retention and detention ponds and other on -site drainage facilities. ARTICLE 7 OUTDOOR STORAGE A. Daily operations of businesses located on the Property shall be fully enclosed, except that tanks containing gases or other materials used in a manufacturing process may be installed outside in accordance with building and fire codes. B. Outdoor storage of good, materials and equipment shall be limited to display of new equipment for sale or lease. C. All outdoor storage shall be screened with a minimum eight (8) foot tall masonry or precast concrete screening wall. 0 Exhibit A ARTICLE 8 SIGNAGE A. Signage on buildings and individual tracts within the Property shall comply with the City of Anna Sign Ordinance and any other applicable City of Anna regulations related to signs. B. The following types of signage are prohibited: 1. Pole signs 2. Window signs, with the exception of "open" signs. 3. Lights outlining the windows or buildings 4. Signs that flash, blink, or revolve 5. Roof signs 6. Temporary bandit signs C. Other special sign requirements: 1. Digital signage is allowed if the message changes only once every 8 seconds and is a static image that does not flash, move or scroll. 2. Digital signs must be equipped with an automatic dimmer that adjusts the brightness of the display based on ambient light conditions (cloudy vs. sunny or day vs. night). 3. Delivery trucks or other vehicles that are have signage advertising a business within the Property shall not be parked on the outer edges of parking lots adjacent to public streets. ARTICLE 9 ILLUMINATION A. Lighting of all parking areas and buildings shall be in accordance with City of Anna codes and -shall be in keeping with the specific function and building type served. B. All parking lots and loading areas must be illuminated by light standards and/or wall -mounted light fixtures. C. All lighting shall be shielded and directed to not cause unnecessary glare or light intrusion into a public street or adjacent property. . ARTICLE 10 DESIGN REVIEW COMMITTEE A. There shall be established a Design Review Committee (the "Committee"), which shall initially consist of Declarant and Declarant's Chief Administrative Officer. At a time to be determined solely by the Committee, the Committee membership shall be modified to consist of the following members: I. One (1) representative selected to serve on behalf of the Owner(s); 2. Three (3) representatives of the Declarant; 3. The Chief Administrative Officer of Declarant. B. As more individual tracts are sold within the Property, additional property owner representatives shall join the Committee, at times determined by the Committee, replacing a certain number of representatives of the Declarant to ultimately form the composition of the Committee as follows: 1. Three (3) representatives selected to serve on behalf of the Owners; 2. Two (2) representatives of Declarant; 6 Exhibit A 3. The Chief Administrative Officer of Declarant. C. Committee Function — No improvement shall be erected, constructed, placed, or altered on any portion of the -Property until plans and specifications in such form and detail as the Committee may specify have been submitted to and approved in writing by the Committee. A four -fifths (4/5) majority vote is required to approve plans and specifications. D. The decision of the Committee shall be final and binding upon the applicant. This review and approval process by the Committee and/or its agent is to ensure conformity with the covenants, conditions and restrictions of this Declaration, compliance with the general aesthetic quality of the development, consistency of materials used and compatibility of uses. The Committee, by its approval of such plans and specifications, is not responsible for the adequacy of structural or mechanical engineering design or specifications or the improvements constructed on the Property. E. Plan and Building Design Submittal — Prior to the submittal of any plan, plat or other development application to the City of Anna, a preliminary design package shall be submitted to the Committee. The package shall consist of a site plan, building elevations with material descriptions, colors and samples of the exterior building materials, and a landscaping plan. Plans meeting the City of Anna's requirements shall be sufficient for Committee review; however, the Committee reserves the right to require stricter standards and additional information and detail for any aspect of the proposed development. ARTICLE 11 MAINTENANCE A. Duty to Maintain -- Owners and occupants (including without limitation lessees) of any tract or Lot or portion of the Property thereof shall jointly and severally have the duty and responsibility to keep buildings, improvements, grounds, landscaping and drainage easements in a well -maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following: . 1. Keeping parking areas, fire lanes, approaches and driveways in good repair; 2. Striping parking areas and fire lanes and repainting on a regular schedule; 3. Promptly removing litter, trash, refuse and waste; 4. Insuring that all trash receptacles and compactors and surrounding areas are kept clean and uncluttered; 5. Keeping all exterior lighting and mechanical facilities in working order; 6. Replacing landscape materials and repairing irrigation systems in a timely manner; and 7. Keep all vacant lots litter free and mowed in compliance with City of Anna property standards. 8. Maintaining both sides of the perimeter screening walls on the individual lot (as applicable.) B. Enforcement of Maintenance Duties — The Association may give an Owner written notice of neglect or failure of maintenance duties, and the Owner must within 10 days after receiving such notice perform the obligation or duty required. Should any Owner fail to fulfill this obligation or duty within such period, the Association through its authorized agents shall have the right and power to enter onto the premises and perform such obligation or duty without liability for damages for wrongful entry, trespass, or otherwise to any person or property. Each Owner of any tract or Lot on which work is performed shall be liable for the cost of such work (including the Association's reasonable VA Exhibit A administrative expenses) and shall promptly reimburse the Association within 10 days after receipt of a statement or invoice. Failure to reimburse the Association shall constitute a lien against the tract or Lot on which work was performed. C. Property Manager — The Association may enter into an agreement with a third -party property management contractor to provide management services including without limitation common area maintenance and repairs, landscape maintenance and irrigation repairs, maintenance of business park entry features, removal of trash and debris, and monitoring of the Property for Owner compliance with this Declaration, and performance of related administrative functions. The Association may maintain requirements for liability insurance, monthly financial reports and other documentation from the contractor(s) as a condition of any contract for service. D. Areas to be Maintained — For purposes of this Declaration, "Areas to be Maintained" shall include medians in public street rights -of -way, including entry signs for the Property and any flags and flagpoles and associated lighting; drainage retention or detention ponds, raingardens, swales or other facilities and features that capture and direct storm water runoff from multiple tracts; and any other property, sign or feature designed to contribute to the collective appearance and proper functioning of the Anna Business Park. "Areas to be Maintained" shall be maintained by the Association and funded by an annual assessment or special assessments, paid by the Owners, as described in Article 12 below. ARTICLE 12 ASSESSMENTS A. Covenants for Assessments — Each Owner and each subsequent Owner of the Property or any portion of the Property, by acceptance of a deed thereof or other instrument or event of ownership transfer, whether or not it shall be so expressed in such deed, instrument or event, shall be deemed to covenant and agree to pay the Association (i) annual assessments or charges and (ii) special assessments for improvement or maintenance of the Areas to be Maintained and other common areas to be fixed, established and collected from time to time as provided herein. Assessments, together with such interest and costs of collection, as hereinafter provided, shall be a charge on the Lot and shall be secured by a continuing lien which is hereby created and impressed for the benefit of the Association upon the Lot against which the assessment is made. Each such assessment, together with interest costs and reasonable attorneys' fees and related expenses, shall also constitute a personal obligation of the person or entity that was the record owner of such Lot at the time of assessment. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by such successors; however, the lien upon the Lot shall continue until paid. B. Purpose of Assessments — The assessments provided for herein shall be levied, collected and administered by the Association and shall be used exclusively for the improvement and maintenance of the Areas to be Maintained, and the performance and/or exercise of the rights and obligations of the Association arising hereunder. Assessments shall include, but not be limited to, funds to cover actual Association costs (including reasonable reserves) for all taxes, insurance, repair, replacement, maintenance and other activities as may from time to time be authorized by the Declarant or the Board of Directors of the Association, if established; legal and accounting fees, and any fees for management services incurred in complying with any laws, ordinances or governmental requirements applicable to the Association or the Property's reasonable replacement reserves and the costs of other facilities and services including maintenance thereof, and other charges required or contemplated by 8 Exhibit A this Declaration and/or that which the Declarant or a Board of Directors of the Association, if established, shall determine to be necessary to meet the primary purpose of the Association. All sums received by the Association pursuant to the annual or special assessments shall be segregated by the Association from its general funds if applicable, and held in trust for the benefit of the Owners and for the purposes and uses designated herein. The Association or property management company, if engaged, shall maintain appropriate records of all expenditures of funds and all assessments with regard to the Areas to be Maintained and other common areas, which records shall be open for inspection by any Owner during normal business hours upon reasonable notices and at said Owner's cost and expense. C. Annual Assessment — The Association shall establish the amount of each calendar year's annual assessment based on the projected financial needs for upkeep and maintenance of the Areas to be Maintained and any other common area and other appropriate expenditures for that calendar year. The Association's review and determination shall be final and binding on all Owners unless disapproved by a vote of 60% of the Association members who are voting. The voting may be done in person or by proxy at a meeting duly called for such purpose within ninety (90) days after notice of such increased limit. Written notice of the meeting shall be given to all Owners at least thirty (30) days in advance and shall set forth the purpose of the meeting. D. Special Assessments — In addition to any annual assessments, the Association may at any time levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Common Area feature or a capital improvement within the Areas to be Maintained. This shall include the necessary fixtures and personal property related thereto; provided that any such special assessment shall not become effective if disapproved by a vote of 60% of the Association members who are voting. The voting may be done in person or by proxy at a meeting duly called for such purpose within ninety (90) days after the notice of the special assessment. A written notice of the meeting shall be given to all Owners at least thirty (30) days in advance and shall set forth the purpose of the meeting. In addition, the Association may levy a special assessment not to exceed the cost of remediation against any Lot or Owner to remedy any violation of this Declaration. E. Due Date and Payment of Assessments — The obligation to pay annual assessments shall commence as to all Lots on the first day of the month following the date on which the Association shall fix the amount of the annual assessment against each Lot, or a later date if the Association provides written notice thereof. For purposes of assessment, "Lot" shall exclude any property owned by the Declarant. Written notice shall be sent to every Owner subject thereto. Annual assessments shall be due and payable on an annual basis unless otherwise designated by the Association. The due date of any special assessment shall be as determined by the Association in the notice of special assessment sent to the Owners. F. Payment - All payments of the Assessments shall be made to the Association at its principal place of business within Collin County, Texas or at such other place as the Association may otherwise direct or permit. Payment shall be made in full regardless of whether any Owner has a dispute with the Declarant, the Association, any other Owner or any other person or entity regarding any matter to which this Declaration relates or pertains. Payment of the Assessments shall be both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Lot. 0 Exhibit A G. Apportionment of Assessment — Any annual or special assessment shall be allocated pro rata among the Owners in accordance with the amount of acreage owned. An Owner's share of the assessment shall be determined by multiplying the total amount of the assessment by a fraction having as its numerator the acreage owned by the Owner within the Property and having as its denominator the total acreage located within the Property. H. Owner's Personal Obligation for Payment of Assessments — The annual and special assessments provided for herein shall be the personal and individual debt of the Owner of the property covered by such assessments. No Owner is exempt from personal liability for such assessments. In the event of default in the payment of any such assessment, the Owner shall be obligated to pay interest at a rate equal to three percent (3%) over the prime interest rate on the amount of the assessment, from the due date until paid, but not to exceed the maximum rate of interest that the Association may lawfully charge. In addition, the Owner shall pay all costs and expenses of collection, including reasonable attorney's fees and related expenses. The Association shall have the right to bring suit against the Owner to recover a money judgment for these amounts without foreclosing or waiving the liens securing the same. I. Effect of Non -Payment of Assessments; Remedies of the Association — Any assessment provided for in this Declaration which is not paid when due shall be delinquent. if any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the due date (with no notice required to be given) until paid, at the interest rate and under the terms noted in Section G. above. The Association may, at its option, bring an action by law against the Owner personally obligated to pay the same or, upon compliance with the notice provisions hereof, foreclose the lien against the Lot as provided herein. There shall be added to the amount of such Assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include said interest and a reasonable attorney's fees and related expenses, together with the costs of action. Each Owner vests in the Association or its assigns the right and power to bring all actions at law or in equity foreclosing such lien against such Owner, and the expenses incurred in connection therewith, including interest, costs and reasonable attorney's fees and related expenses shall be chargeable to the Owner in default. Under no circumstances, however, shall Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability to enforce any Assessments. Failure to enforce any Assessment for any period of time shall not be deemed to be a waiver of the right to enforce that Assessment or any other Assessment. J. No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale herein provided in less than thirty (30) days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot and a copy thereof is recorded by the Association in the office of the Collin County Clerk; said notice of claim must recite a good and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Association's option, include interest on the unpaid assessment at the maximum legal rate, plus reasonable attorney's fees and related expenses and other expenses of collection in connection with the debt secured by said lien) and the name and address of the Association. K. Any such sale provided for above is to be conducted in accordance with the applicable provisions governing the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the Property Code of the State of Texas (as it may be amended from time to time), or in any other manner permitted by law. Each Owner, by accepting a deed to a Lot, expressly grants to the 10 Exhibit A Association a power of sale as set forth in said Section 51.002 of the Property Code in connection with the Assessment lien. The Association, through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. L. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the actual cost of preparing and filing or recording the lien and the release. The Assessment lien and the right to foreclosure and sale hereunder shall be in addition to and not in substitution of all other rights and remedies which the Association and its successors or assigns may have hereunder and by law, including the right of suit to recover a money judgment for unpaid Assessments, as provided above. M. Subordination of Lien to First Mortgages —The lien securing the Assessments provided for herein shall be expressly subordinate to the lien of any first lien mortgage on any Lot. The sale or transfer of any lot shall not affect the Assessment lien. However, the sale or transfer of any Lot, pursuant to a decree of foreclosure or a non judicial foreclosure under such first lien mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessment thereafter becoming due, in accordance with the terms herein provided. ARTICLE 13 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS A. Membership — Declarant, whether or not an owner of any part of the Property, and each person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a member of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for performance of an obligation. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Transfer of ownership, either voluntarily or by operation of law, shall terminate such Owner's membership in the Association and membership shall be vested in the transferee; provided, however, that no such transfer shall relieve or release such Owner from any personal obligation with respect to assessments which have accrued prior to such transfer. B. Management of Association — the Association shall be incorporated as a non-profit corporation. The Association shall be managed by the Declarant and/or a Board of Directors pursuant to the procedures set forth in the Association's articles of incorporation and bylaws, subject to this Declaration. C. Membership, Voting, Elections and Meetings — The Association shall have two classes of voting membership: 1. Class A -- Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members but may cast only one vote per lot owned. The vote for such Lot shall be exercised as they among themselves determine. 2. Class B — The Class B member shall be the Declarant which shall have as many votes as the Class A members put together, plus one (1). The Class B membership shall cease when 95% 11 Exhibit A of the total acreage in the Property has been sold by the Declarant, at which time the Declarant assumes Class A voting privileges. D. There shall be at least one meeting of the membership each year. At that meeting, the membership shall elect a Board consisting of five (5) directors, vote on any other matters the Board chooses to place before the membership, and discuss any matter of the Association business that the Board or any Owner wishes to bring before the entire membership; provided, however, that no Board of Directors shall exist unless and until Declarant provides written notice to the Owners in advance of a membership meeting that such Board will be established and Board members selected in accordance with this Declaration. E. Duties and Powers of Board -- Through the Declarant or Board, as applicable, the Association shall have the following powers and duties: 1. To adopt rules and regulations to implement this Declaration and the Association's bylaws; 2. To enforce this Declaration, the bylaws, and its rules and regulations 3. To elect officers of the Board and select members of the Design Review Committee when the power devolves to the Board 4. To prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at its annual meeting 5. To establish and collect regular assessments to defray expenses attributable to the Association's duties, to be levied against each Owner, excepting the Declarant. 6. To establish and collect special assessments for capital improvements or other purposes; to file liens against Owners because of non-payment of Assessments duly levied and to foreclose on those liens. 7. To receive complaints regarding violations of this Declaration, the bylaws or the rules and regulations. 8. To give reasonable notice to all Owners of all annual meetings of the membership and all special called meetings. 9. To hold regular Board meetings in compliance with the adopted bylaws. 10. To manage and maintain all of the Areas to be Maintained and other common areas in a state of high quality and in good repair; 11. To pay taxes and assessments that are or could become liens on the Common Areas. 12. To pay the costs of any liability insurance and fire insurance on the Areas to be Maintained and other common areas and any liability insurance for Declarant, members of the Committee and members of any board or committee of the Association. ARTICLE 14 EASEMENTS All property owners within the Anna Business Park shall grant easements across their properties for the purpose of providing utility services and cross access to other properties. The specific location of such easements shall be reasonably determined and located to minimally impact the Property. ARTICLE 15 SUBDIVISION OF PROPERTY The Declarant must give written approval for any subdivision of the Property by an Owner. 12 Exhibit A ARTICLE 16 RIGHT of REPURCHASE The Declarant retains the right to refund the purchase price and to regain title from the Grantee or any subsequent owner within the Property for which construction has not commenced within two (2) years of the initial sale. Declarant may in its sole discretion extend construction and completion dates in writing. Unless expressly waived by Declarant, the Right of Repurchase shall also be extended to any agreed construction and completion dates. ARTICLE 17 GENERAL PROVISIONS A. Enforcement —The Declarant or the Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this Declaration. Failure to enforce any covenants or restrictions shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound. B. Severability -- Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision and all other provisions shall remain in full force and effect. C. Covenants Run with the Land — The easements, restrictions, covenants, and conditions are for the purposes of protecting the value and desirability of the Property. They shall run with and shall be binding on all parties having any right, title, or interest in the Property in whole or in part, and their heirs, successors and assigns. This Declaration shall be for the benefit of the Property, each Lot and each Owner. D. Duration and Amendment — The covenants, conditions and restrictions of this Declaration shall be effective for a term of twenty (20) years from the date this Declaration is recorded, after which period the covenants, conditions and restrictions shall be automatically extended for such periods of ten (10) years subject to termination by an instrument signed by more than fifty (50) percent of the Owners. The covenants, conditions and restrictions of this Declaration may be amended by an instrument signed by Declarant and the Owners representing more than 75% of the votes set forth in Article 13, Section C. E. Attorneys' Fees — If any controversy, claim or dispute arises relating to this instrument, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. F. Liberal Interpretation — This Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the Property. 13 Exhibit A �-h This Declaration is executed this � day of fi? 2017 in Anna, Texas. ANNA ECONOMIC DEVELOPMENT CORPORATION By. a President ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2017 by President of the Anna Economic Development Corporation, a non- profit corporation, on behalf of said corporation. •••'""'••� Notary Public, State of Texa s ?q• Y ,Nz LAURETTA ffAY BLACK • ETER MY Notary 1D # 129369379 "';'F'' •'' �+;'~� Tres Ex ' •• P April 1.2021 My Commission Expires: 14 Exhibit A This Declaration is executed this day of 2017 in Anna, Texas. ANNA COMMUNITY DEVELOPMENT CORPORATION By: Gam' Presiden ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLI N This instrument was acknowledged before me on the day of 2017 by ,President of the Anna Community Development Corporation, a non- profit corporation, on behalf of said corporation. ;••_ ' p� ; IAURETTA KAY BLACKETER My Notary iD # 129369379 .a: Notary Public, State 4 Texas My Commission Expires: 15''�