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HomeMy WebLinkAboutEDCRes2015.04.01ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. Oq Ct-bd A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION APPROVING A PROJECT AND RELATED INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P., THE ANNA COMMUNITY DEVELOPMENT CORPORATION, AND THE CITY OF ANNA AND AUTHORIZING THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to disburse funds in support of an economic development project that will create and retain new jobs, and that will result in new capital investment within the corporate limits of the City of Anna, Texas ("City"); and WHEREAS, the EDC has received a project proposal from Q Seminole Anna Town Center, L.P. who has represented that it will create and retain a significant number of new jobs and that will result in new capital investment, all within the corporate limits of the City; and WHEREAS, the EDC has determined that it would be beneficial to the EDC and to the City for the EDC to disburse funds for certain costs of the Project provided that the promised jobs and capital investment are completed according to the terms of the Agreement, as more specifically set forth in the Agreement; and WHEREAS, the EDC has found that the Project will promote new or expanded business development and that the expenditures of economic development funds under the Agreement are required or suitable for infrastructure and site improvements necessary to promote or develop new or expanded business enterprises; NOW, THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Project and Agreement The EDC hereby approves the Incentive Agreement for New Economic Development with Q Seminole Anna Town Center, L.P., the Anna Community Development Corporation, and the City of Anna ("Agreement") attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the EDC President to execute same on its behalf, subject to approval as to form by legal counsel for the EDC and final content by the EDC Chief Administrative Officer, said Agreement to be effective upon approval by the City of Anna City Council and as set forth in said Agreement. ANNA EDC RESOLUTION NO.d-6t5--6LI� W ('tbc) PAGE 1 OF 2 Section 3. Approval of Funding The EDC hereby authorizes the Chief Administrative Officer to disburse funds as a reimbursement in accordance with the Agreement. PASSED AND AP, PROVED by the Anna Economic Development Corporation on this day of 2015. if ATTE T: Constance Stump EDC President OVED: Sh=ecreta ED ANNA EDC RESOLUTION NO. PAGE 2 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO.2015-04-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING A PROJECT AND RELATED INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P., THE ANNA COMMUNITY DEVELOPMENT CORPORATION, AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZING THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the Anna Community Development Corporation (the "CDC") and the Anna Economic Development Corporation ("EDC") desire to disburse funds in support of an economic development project (the "Project") that will create and retain new jobs, and that will result in new capital investment within the corporate limits of the City of Anna, Texas ("City"); and WHEREAS, the CDC and EDC have received a project proposal from Q Seminole Anna Town Center, L.P. who has represented that it will create and retain a significant number of new jobs and that will result in new capital investment, all within the corporate limits of the City; and WHEREAS, the CDC and EDC have determined that it would be beneficial to the CDC and EDC and to the City for the CDC and EDC to disburse funds for certain costs of the Project provided that the promised jobs and capital investment are completed according to the terms of the Agreement, as more specifically set forth in the Agreement; and WHEREAS, the CDC and EDC have found that the Project will promote new or expanded business development and that the expenditures of funds under the Agreement are required or suitable for infrastructure and site improvements necessary to promote or develop new or expanded business enterprises; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. RES. 2015-04-04 Agrmt w/Q Seminole Anna Town Ctr PAGE 1 OF 2 04-14-15 Section 2. Authority for Project, Agreement, and Expenditure The City of Anna City Council hereby authorizes and approves of the Project, and further authorizes the CDC and EDC's Board of Directors, subject to approval of the form and content by the CDC and EDC's legal counsel, to enter into an Incentive Agreement for New Economic Development with Q Seminole Anna Town Center, L.P. ("Agreement") attached hereto as EXHIBIT A, incorporated herein for all purposes. The City Council further authorizes the Mayor to execute said Agreement to bind the City for the limited purposes expressly stated therein. PASSED AND APPROVED by the City Council of the City of Anna this 14th day of April, 2015. Mike Crist, Mayor ATTEST: Nat Wilkison, City Secretary RES. 2015-04-04 Agrmt w/Q Seminole Anna Town Ctr PAGE 2 OF 2 04-14-15 INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT This Incentive Agreement for New Economic Development (this "Agreement") is entered into between and among the Anna Economic Development Corporation, a Texas Type A development corporation ("AEDC"), the Anna Community Development Corporation, a Texas Type B development corporation ("ACDC") (collectively, the "Corporations"), and Q Seminole Anna Town Center, L.P., a Texas limited partnership ("Developer'). WHEREAS, the Texas Legislature in Section 4B of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C 1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; and WHEREAS, residents of the City of Anna, Texas ("City") voted to authorize the creation of the Corporations and the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-half of one percent for AEDC and one-half of one percent of ACDC; and WHEREAS the ballot language of the measure approved by the voters was sufficient to authorize the use of such funds for projects like the one contemplated by this Agreement; and WHEREAS, the Corporations exist for the purposes of encouraging and assisting entities with economic development projects and the creation of j obs for the benefit of the local economy and the citizens of Anna, Texas; and WHEREAS, the Corporations are governed by boards of directors (respectively, the "AED C Board" and the "ACDC Board"), which are authorized to approve the Corporations' respective projects and expenditures; and WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires a municipality's governing body to approve all programs and expenditures of a development corporation authorized by such municipality; and WHEREAS, Developer owns a 115.61-acre tract of land upon which Developer and the Corporations desire a Walmart retail store to be located, said land being more particularly described in Exhibit A, attached to this Agreement (the "Property"); and WHEREAS, Wal-Mart Stores, Inc. is an American multinational retail corporation that runs chains of large discount department stores and warehouse stores; and INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1 WHEREAS, Wal-Mart Stores, Inc. is one of the world's largest public corporations, according to the Fortune Global 500 list in 2014, the biggest private employer in the world with over two million employees, and is the largest retailer in the world; and WHEREAS, the City currently lacks the type of large discount department store such as a Walmart retail store that will draw shoppers and customers from within and outside of the local area and serve as a magnet for other retail and service -related companies to locate in the City; and WHEREAS, it is projected that the location and operation of a Walmart retail store in the City will directly create approximately 200 jobs; and WHEREAS, the Corporations recognize the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue; and WHEREAS, the payments to Developer under this Agreement are exclusively performance -based so that no payments will be made to Developer until and unless the Walmart retail store and other features within and near the Property, as described in this Agreement, are constructed and operated, resulting in sales and use tax revenues fi om the first completed phase of development of the Property, which then will provide revenue to the Corporations, a certain portion of which shall be paid to Developer; and WHEREAS, on April 9, 2015, the AFDC Board determined that it is in the best interests of the citizens of Anna, Texas that economic development funds be provided to Developer in exchange for the satisfaction of certain obligations undertaken by Developer as described in this Agreement, including but not limited to causing a Walmart retail store to be located within the area planned for the first phase of development of the Property; and WHEREAS, on April 9, 2015, the ACDC Board determined that it is in the best interests of the citizens of Anna, Texas that economic development funds be provided to Developer in exchange for the satisfaction of certain obligations undertaken by Developer as described in this Agreement, including but not limited to causing a Walmart retail store to be located within the area planned for the first phase of development of the Property; and WHEREAS, the AFDC Board has further determined that the obligations it is undertaking in this Agreement including expenditures of economic development funds are required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, namely the expenditures for the infrastructure that constitutes the Project, as hereinafter defined; and INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2 WHEREAS, the ACDC Board has further determined that the obligations it is undertaking in this Agreement including expenditures of economic development funds are required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, namely the expenditures for the infrastructure that constitutes the Project, as hereinafter defined; and WHEREAS, the City has a population of less than 20,000 and Section 501.103 of the Texas Local Government Code authorizes the Corporations to expend economic development funds derived from the Corporations' respective sales and use tax revenue for certain infrastructure improvement projects and such projects will assist Developer with the costs of the first phase of development of the Property; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Agreement, the Corporations and Developer agree as follows: Section 1. Effective Date. The Effective Date of this Agreement shall be the date that the last of the following events have occurred: (1) the .A.EDC Board has duly resolved to undertake the project that is the subject of this Agreement and to enter into this Agreement; (2) the ACDC Board has duly resolved to undertake the project that is the subject of this Agreement and to enter into this Agreement; (3) the Parties to this Agreement have duly executed this Agreement; (4) the City of Anna, Texas City Council ("City Council") has by duly adopted resolution authorized said Project and associated expenditures by the Corporations; and (5) Developer closes on the sale of the Walmart Property to Wal-Mart Stores, Inc., which shall occur on or before June 15,2015. This Agreement shall be of no effect until and unless all five of said events have occurred. Section 2. Term and Termination. 2.01 The term of this Agreement shall commence on the Effective Date. The term of the payment period for the annual payments to be made to Developer by the Corporations pursuant to Section 5 of this Agreement is for 15 years beginning on January 1 of the calendar year after the date that the City issues a Certificate of Occupancy for the Walmart Store. 2.02 This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. The City and the corporations may at their sole discretion terminate this Agreement upon any of the following events: (a) Developer fails, after notice and expiration of the Cure Period, to timely construct, or cause to be constructed, the Infrastructure Improvements, the Public Improvements, all other necessary site improvements, and the Walmart Store in accordance with Sections 4.01, 4.02, 4.03, and 4.04 of this Agreement; or INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3 (b) Developer fails to meet all requirements per City Regulations necessary to have a Final Plat filed in the Land Recordings with the Collin County Clerk's Office for the Phase I Development within three (3) years of the Effective Date; or (c) Developer fails to close on the sale of the Walmart Property to Wal-Mart Stores, Inc., on or before June 15, 2015. Section 3. Recitals Incorporated and Definitions. 3.01 The recitals in the preamble to this Agreement are hereby incorporated for all purposes. 3.02 The terms, "Agreement," "AFDC Board," "ACDC Board," "Corporations," "City," "City Council," "Developer," and "Property" shall have the meanings set forth in the preamble to this Agreement. 3.03 The following words or phrases shall have the following meanings: "Certificate of Occupancy" means a document entitled "Certificate of Occupancy" (or other similar title) issued by City upon substantial completion of the Walmart Store in accordance with applicable City Regulations. A Certificate of Occupancy shall not include a certificate issued in error, mistake or misrepresentation of facts, but shall include any temporary certificate of occupancy or other document authorizing temporary or conditional occupancy. "City Code" means the Anna City Code of Ordinances. "City Council" means the governing body of the City of Anna, Texas. "City Manager" means the City Manager- of the City of Anna, Texas. "City Regulations" mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. "Commence Construction" means to commence the work of constructing any part of the Infrastructure Improvements: (i) with all approvals thereof required by the City obtained as necessary; (ii) after a notice to proceed has been issued to Developer's contractor(s); and (iii) onsite construction of the site development components (such as drainage, extensive grading or utilities) is underway and being pursued. "Completion" as relates to construction of the Infrastructure Improvements and Public Improvements means: (i) substantial completion of said improvements in INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4 accordance with the terms of this Agreement and the plans and specifications approved by the City therefor; and (ii) written acceptance by the City of all Public Improvements which shall not be unreasonably withheld. "Combined Maximum Amount" means the amount identified as the Combined Maximum Amount in Section 5.01 of this Agreement; provided, however, that if said amount is reduced under Section 5.06 of this Agreement, then the amount of the Combined Maximum Amount shall be as set forth in the amendment to this Agreement required under Section 5.06. "Cost of Infrastructure Improvements" means the cost of engineering, design, construction, testing, inspection, bonding and insurance for the construction of the Infrastructure Improvements equal to the total amount shown in Exhibit B attached to this Agreement. "Cost of Traffic Signal" means the actual cost, as determined under Section this Agreement, of engineering, design, construction, and inspection of a traffic signal to be installed at the intersection of FM 455 and Throckmorton Blvd. "Final Plat" means a final plat of the Phase I Development that meets all requirements of the City Regulations. "Infrastructure Improvements" mean those certain infrastructure improvements to be constructed, or caused to be constructed, by Developer in accordance with this Agreement and identified as follows: (a) Water system improvements including: (1) the 12" Throckmorton Blvd. water line labeled as water line "A" in Exhibit C, attached to this Agreement; and (2) oversizing from 8" to 12" the water line labeled as water line "B" in Exhibit C attached to this Agreement. (b) Sanitary sewer system improvements including: (1) the 12" & 15" sanitary sewer line labeled as sanitary sewer line "C in Exhibit D, attached to this Agreement, and (2) the 12" sanitary sewer line labeled as sanitary sewer line "D" in Exhibit D, attached to this Agreement; and (3) oversizing from 8" to 15" the remainder of the Throckmorton Blvd. sanitary sewer line labeled as sanitary sewer line "E" in Exhibit D, attached to this Agreement. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5 (c) Road improvements including: (1) the FM 455 right -turn lane as shown in Exhibit E, attached to this Agreement; and (2) the U.S. Hwy 75 right -turn lane as shown in Exhibit E, attached to this Agreement; and (3) the full width of Throckmorton Blvd. through the Phase I Development including, pavement, sidewalks, street lights, and landscaping as shown in Exhibit E, attached to this Agreement; and (4) the internal main common access drive through the Phase I Development as shown in Exhibit E, attached to this Agreement. (d) Storm Sewer improvements including: (1) the shared storm sewer line, as shown in Exhibit F, attached to this Agreement; and (2) the public storm sewer line, as shown in Exhibit F, attached to this Agreement; and (3) the remaining Throckmorton Blvd. public storm sewer line as shown in Exhibit F, attached to this Agreement. "Parties" mean the Corporations and Developer. "Phase I Development" means the area of the Property where the Walmart Store and other Retailers will be located and upon which and/or for which the Infrastructure Improvements and Public Improvements shall be constructed, said area of the Property being depicted in more detail in Exhibit G, attached to this Agreement. "Project" means the expenditure of economic development funds to be made by the Corporations in accordance with this Agreement to contribute to the costs of construction of the Infrastructure Improvements and Public Improvements associated with Phase I Development for the purpose of promoting or developing new or expanded business enterprises. "Project Funds" means an amount that is the equivalent of 60% of the Sales and Use Tax revenue that is actually received by the Corporations during the tern of this Agreement or until the Combined Maximum Amount has been paid to the Developer, INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 6 whichever occurs first. If the floor area of the Walmart Store is less than 170,000 square feet the percentage will reduce pro rata by the percentage reduction in store size below 170,000 square feet. By way of example, if the floor area of the Walmart Store is the minimum 150,000 square feet, then the percentage of Sales- and Use Tax comprising the Project Funds would be 53%, calculated as follows, (170,000 - 150,000) / 170,000=11.76%. (100% - 11.76%) x 60% = 52.94%. "Public Improvements" mean the Infrastructure Improvements and the improvements described in Section 4.08 of this Agreement; however, Public Improvements do not include the internal main common access drive for the Phase I Development as said drive is shown in Exhibit D, attached to this Agreement. "Reallocation or Refund" means any change in the amount of any Sales and Use Tax revenue that: (i) occurs as a result of a reallocation or refund by the State Comptroller; (ii) actually results in a decrease or increase in the Corporations' Sales and Use Tax revenue; and (iii) such decrease or increase occurs during the term of this Agreement. "Retailer" means any person, company, business or other entity or establishment that locates and maintains a retail sales operation at any location in the Phase I Development during the term of this Agreement, including but not limited to the Walmart Store. "Revenue Sharing Agreement" means an agreement covered under Texas Tax Code § 321.3 022(b), which allows a municipality to request that the State Comptroller provide information related to the amount of Sales and Use Tax paid during the preceding or current calendar year. "Sales and Use Tax" means the one-half of one percent sales and use tax of each Corporation that is actually collected and is attributable to sales and use by Retailers in the Phase I Development. "State Comptroller" means the Office of the Texas Comptroller of Public Accounts, or any successor agency thereof. "Walmart Store" means the retail Walmart facility with a gross area of at least 150,000 square feet of occupied space that is required to be constructed and operated in accordance with this Agreement. Section 4. Developer Obligations. The following "obligations" of this section shall be considered to be conditions for the Payment of Project Funds pursuant to Section 5. 4.01. Location and Operation of Walmart Store. The Walmart Store shall be located within the Phase I Development consistent with the site plan attached hereto as Exhibit H. Construction work on buildings and site improvements, and all other actions INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 7 necessary or required by the City Regulations for issuance of a Certificate of Occupancy for the Walmart Store must be complete within 42 months of the Effective Date. 4.02. Deadline to Commence Construction. The Deadline to Commence Construction is 24 months after- the Effective Date of this Agreement, subject to extension upon written approval by the City Manager or the City Manager's designee. 4.03. Construction Completion. Completion of construction of the Infrastructure Improvements and the Public Improvements must occur within 42 months of the Effective Date. 4.04. Dedications and Donations to City. As part of Final Plat approval of the Phase 1 Development, Developer shall: (a) dedicate or cause to be dedicated to the City, at no cost to the City, all of the Public Improvements and associated rights of way and easements; (b) donate and convey or cause to be donated and conveyed to the City, at no cost to the City, a 1.809 acre tract of land to be owned and used by the City as a site for a future elevated water storage tank, said 1.809 acre tract being further described in Exhibit I, attached to this Agreement; (c) dedicate or cause to be dedicated to the City, at no cost to the City, all easements for the waterlines, access, and electric service associated with the future elevated storage tank (the approximate widths and locations of said access and waterline easements associated with the future elevated storage tank are as shown in Exhibit J, attached to this Agreement). City shall construct water lines within said waterline easements consistent with Exhibit K, and shall allow Developer- access to said waterlines consistent with City Regulations; and (d) to the extent it is a commonly accepted platting practice, include the dedications and donation and conveyance described in this Section 4.04 on the Final Plat; and (e) convey to the City by separate instrument(s)—any dedications and/or donations required to be made under this Agreement that are not included on the Final Plat in accordance with subsection (d), above —in the form of easements and/or deeds of conveyance in a form acceptable to the City. 4.05 This section is left blank intentionally. 4.06. Reporting Contract. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 8 (a) With respect to every Retailer, Developer shall before the Retailer is permitted to locate in the Phase I Development use commercially reasonable efforts to enter into a Reporting Contract with such Retailer and obtain a fully executed Waiver of Sales Tax Confidentiality. Each Reporting Contract shall include a provision that terminates the Reporting Contract upon termination of this Agreement. Within 10 business days of entering into a Reporting Contract, Developer shall provide the Corporations with a fully -executed, true and correct copy of such contract. Upon written request of the Corporations, Developer shall provide a written assignment of the Reporting Contract to the Corporations, assigning all of Developer's rights and benefits under the Reporting Contract to the Corporations. (b) For each Reporting Contract entered into Developer shall make commercially reasonable efforts to require each Retailer to provide the following in the event that the State Comptroller does not provide Sales and Use Tax information to the City as described by Section 5.05: (1) Within 15 days of the close of each calendar month for which Project Funds Will be due to be paid to Developer (such month being referenced in this Section 4.06 as the "Applicable Month"), provide to the Corporations a written schedule (the "Schedule") detailing for the Applicable Month the Retailer's revenue that is subject to Sales and Use Tax, certifying that the Schedule and the additional documents described in subsection (b), below, are based on actual taxable sales and not estimates. (2) In addition to and accompanying the Schedule, submit to the Corporations true and correct copies of the following additional documents for each Applicable Month: a copy of the Retailer's Texas sales and use tax return, including self -assessed use tax amounts, as well as any amended sales and use tax return(s) and any other documents showing adjustments to the sales and use tax return(s). (3) Within 15 days of a Retailer's receipt of any refund of any Sales and/or Use Tax, notify the Corporations of such refund, submit to the Corporations written documentation of such refund including the amount and the date it was refunded. (4) Within 15 days of the close of any audit of the Retailer's Texas sales tax return(s) conducted by the State Comptroller if such audit alters the amounts set forth on any Schedule submitted to the Corporations, submit to the Corporations written documentation of such audit, INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 9 including all written materials provided by the State Comptroller that relate to such audit. (5) Within 15 days of obtaining a Certificate of Occupancy, execute and deliver to the Corporations a fully completed Waiver of Sales Tax Confidentiality, the form of which is shown in Exhibit L, attached to this Agreement. (6) Allow the rights and benefits of Developer under the contract that is the subject of this Section 4.06 to be assigned to the Corporations upon the Corporations providing Developer- with a written request for assignment. 4.07. Performance Bond, Payment Bond and Other Security. Developer shall execute or cause to be executed one or more valid performance bonds in favor of the City and one or more valid payment bonds for the construction, work and materials necessary to complete the Public Improvements. Said bonds shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations, except that the bonds shall be in an amount that is 100% of the contract price for each construction contract for any part of the Public Improvements and shall contain a provision that increases the amount of the bond to the extent that the contract price increases by change order. Developer shall further execute or cause to be executed a valid Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Improvements, arising from defective workmanship or materials used therein, for a full period of two years fi-om the date of final acceptance of the Public Improvements constructed under such contract. 4.08. Public Improvements, Generally. Developer shall provide or cause to be provided all Public Improvements for the Phase I Development, including any required or necessary public improvement not identified in this Agreement such as streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements.,, at no cost to the City except to the extent expressly provided in this Agreement, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the timely installation of such improvements in accordance with the City Regulations unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans must be approved by the City's engineer or his or her agent prior to approval of a Final Plat. Construction of such improvements shall not be initiated until a pre - construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10 4.09 Ap royal of Plats/Plans. Approval by the City, the City's Engineer or other City employeerepresentative, of any plans, designs or specifications submitted or by Developer pu rsuant ursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, ees, p to officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of suchresponsibility res onsibilit and liability by the City for any defect in the design d specifications prepared by Designer's engineer, his officers, agents, servants or an p p p employees. 4.10. Insurance. (a) Developer shall or shall cause Developer, Walmart or the construction contractor(s) that • will perform the construction work that is the subject of this ' and maintain during the period of time when any of the Public Agreement to acquire g under construction(and until the full and final completion of the Improvements are u p Public Improvements and acceptance thereof by the City: (a) workers compensation insurance in the amount required b law; and (b) commercial general liability insurance q Y • liability, remises operations liability, and contractual liability, including personal injury y, p p covering, but not limited to ' the liabilityassumed under any indemnification provisions with limits of liability for bodily injury, death and property damage of this Agreement, Y of not less than $1,000,000-00. Such insurance shall also cover any and all claims which p might arise out of the Public Improvements construction contracts, whether by Dev per, elo a contractor, subcontractor, materialman, or otherwise. (b) Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a ca rrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waivdr of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Developer shall provide to the City certifica tes of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an Each such policy shall provide that, at least 3 0 days prior to the additional insured. p Y cancellation, non - renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (c) Should Developer cause Walmart to construct the Public Improvements, Walmart may self -insure to the limits provided in subsection (a) above. In such instance, Developer shall cause Walmart, in lieu of the provisions of part (b) above, to provide an indemnification and hold harmless agreement in favor of the City in a form approved by the City Attorney. If for any reason Developer fails to cause Walmart to provide an indemnification and hold harmless agreement in favor of the City, then this subsection (c) shall not excuse Developer from meeting the requirements in subsections (a) and (b), above. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11 4.11. Developer Pays All Costs. In order to be eligible to receive any Project Funds under this Agreement, Developer shall pay, or cause third parties to pay, its engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, development fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, carry cost, financing fees and all other costs and expenses incurred in connection with the construction of the Infrastructure Improvements, Public Improvements and other features of Phase I Development. 4.12 City Regulations. Developer acknowledges that Phase I Development must comply with all applicable City Regulations. Except to the extent this Agreement provides for stricter or more restrictive requirements than those in applicable City Regulations, the applicable City Regulations shall control; provided, however, that Developer acknowledges that the Project Funds to be paid to Developer in accordance with this Agreement are in lieu of any and all rights to any type of payment or reimbursement by the City for any of the Infrastructure Improvements or Public Improvements and by entering into this Agreement Developer expressly waives any and all of said rights to any type of payment or reimbursement by the City notwithstanding City Regulations or any applicable law. 4.13 Traffic Signal. At the time that Texas Department of Transportation ("TxDOT") grants a request for traffic signal installation at the intersection of Throckmorton Blvd and FM 455, Developer shall fund or cause to be funded any costs that TxDOT may require to be paid for the traffic signal and enter into any necessary agreements with TxDOT and/or the City to provide such funding within the time required by TxDOT. 4.14 Additional Performance Requirements. Incident to the operations of the Walmart Store and/or other businesses that may locate in the Phase I Development, Developer: (a) must have caused, , at least $S million in capital investment separate and apart from the Project Costs to be made in Phase I Development by January 1, of the year following the issuance of the Certificate of Occupancy; (b) must have caused, within 90 days of issuance of a Certificate of Occupancy by the City, at least 200 new jobs to be created within the City; (c) within 3 0 days after notice and expiration of the Cure Period, repay to the Corporations any funds it may have received from the Corporations INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12 under this Agreement if Developer fails to timely meet the performance requirements in subsections (a) and (b). The Corporations recognize that store cost and employment data is considered confidential business data guarded by Walmart, but that numerous sources report that new Walmart stores of 150,000 square feet or more employ approximately 300 persons. Accordingly, at the time a Walmart store of 150,000 square feet or more in the Phase I p Develo ment is fully operational Developer shall be deemed to have caused the required minimum 200 new jobs to be created in the City for purposes of this Agreement. Likewise, if the private improvements in the Phase I Development are appraised by the Collin Central Appraisal District for $5 Million or more for January 1 of the year following the issuance of the Certificate of Occupancy, Developer shall be deemed to have caused at least $5 million dollars in capital investment in the Phase I Development separate and apart from the Project Costs. Section 5. Payment of Project Funds. 5.01. Payment. To assist with the costs of the Public Improvements and Infrastructure Improvements, and in consideration for the other obligations undertaken by Developer in this Agreement, the Corporations will make annual payments to Developer during the term of this Agreement that when combined shall be equal to - $1 fi33 012 plus the Cost of Infrastructure Improvements plus the actual Cost of Traffic � p Signal, u to a combined maximum not -to -exceed amount of $2,934,001 ("Combined g Maximum Amount"), subject to Section 5.05 and 5.06 of this Agreement; provided, however, that the Combined Maximum Amount shall be reduced if the Walmart Store that is the subject of this Agreement is less than 170,000 square feet, as set forth in subsection 5.011, below. Said payments will be funded solely from Project Funds, which the Corporations must deposit into and maintain in one or more interest -bearing accounts until the annual payment is due. At the time that each payment is due, the full amount of Project Funds on deposit in said accounts shall be paid to Developer. The first payment a shall be due on or before the expiration of 30 days after the anniversary of the Corporations' first actual receipt of Sales and Use Tax. Thereafter, payments of Project Funds are due and payable annually on or before the expiration of the same month during which said first payment was made. 5.011 Payment Reduction. Notwithstanding any other provision of this Agreement, the Combined Maximum Amount shall be decreased as set forth in this section if the Walmart Store is less than 170,000 square feet. The amount of the percentage decrease of the Combined Maximum Amount will be equal to the percentage reduction in store size below 170,000 square feet provided, (i) the minimum floor area of the Walmart Store shall be 150,000 square feet as required in this Agreement, and (ii) the reduction shall be limited to a maximum of 8% of the Combined Maximum Amount. BY wayof le, if the Combined Maximum Amount as set forth in section 5.01 is example, $2,934,,,001, and the floor area of the Walmart Store is 160,000 square feet, then the INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13 Combined Maximum Amount shall be reduced by 5.88% to $2,761482 calculated as follows. (170,000• sq. ft. - 160 / 170,000 = 5.88% and reducing the Combined 000 sq. ft.) Amount b the same said 5.88%; if the floor area of the Walmart Store is Maximum A y 150,000 sq o square feet, then the Combined Maximum Amount shall be reduced by 8 /o to since the calculated percent reduction (170,000 sq. ft. - 150,000 sq. ft.) l $2,699,281 s } s 170,000 = 11.76% igreater than the maximum reduction of 8% of the Combined Maximum Amount. 5.02. Reallocation or Refund. If at any time the State Comptroller tapes any action that results in a Reallocation or Refund of Sales and Use Tax, the Parties agree to reconcilecorresponding the corres din previous payments of Project Funds in the following g manner: (a) If the result is an increase of Sales and Use Tax revenue to the Corporations, then 60% of such increase will be deemed to be Project Funds that are due and payable to Developer within 30 days of the Corporations' actual receipt of the revenue representing the increase. (b) If the result is a decrease of Sales and Use Tax revenue to the Corporations or if the Corporations must refund any Sales and Use Tax, then 60% of such decrease or refund will be deemed to be an amount owed to the Corporations by Developer and such amount is due and payable within 3 0 days after the Corporations have provided written notice to Developer that the Corporations have incurred the decrease or made the refund; provided, however, the Corporations, at their sole option, may —instead of requesting payment from the Developer — subtract subtract the amount of the decrease or refund from one or more future installments of Project Funds that would otherwise be due to be paid to Developer, velo and if either of the Corporations so opts, that Corporation will provide written notice to Developer of its intent to do so. 5.03. Disputed Amounts. If the Corporations determines that there are disputed amounts withg an ' regard to Project Funds, then the Corporations shall notify Developer Y J in writing oe f the disputed amount. The Corporations will not be required to pay or p • on such disputed amount while the dispute is being resolved unless such accrue interest p dispute is unreasonable or made in bad faith, in which case interest at the rate of six per shall be due and payable pursuant to subsection (a), above, as though the cent per annum p Y amount we p re undisputed, from the the time that the payment would have been due had it not been disputed. 5.04. Payp ee Information. With respect to any and every payment due to be paid time b the Corporations to Developer under this Agreement, the name of Payee at any t y e � for such payment shall be " Seminole Anna Town Center, L.P." and the payment sha ll be sent or delivered to the following address: INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 14 Q Seminole Anna Town Center, L.P. 5956 Sherry Lane Suite 1250 Dallas, TX 75225 Developer may change the name and address of the Payee upon written notice to the Corporations provided at least 15 days in advance of the date that a payment is due. Said written notice must be duly executed by Developer and acknowledged before a Notary Public. 5.05. Revenue Sharing. Developer and the Corporations agree that this Agreement is a Revenue Sharing Agreement and that this Agreement should be so interpreted as concerns Texas Tax Code § 321.3022(b) as amended. The City shall request from the State Comptroller the annual information related to the amount of Sales and Use Tax actually collected and shall use commercially reasonable efforts to determine the amount of Sales and Use Tax actually collected from information that is provided by the State Comptroller. If the State Comptroller shall fail to provide the information pursuant to Texas Tax Code § 321.3022(b) as amended; City shall use commercially reasonable efforts to determine the amount of Sales and Use Tax actually collected from information (1) provided by the State Comptroller pursuant to any Waivers of Sales Tax Confidentiality provided by Retailers, (2) provided under any Reporting Contract; and/or (3) otherwise readily available to the City. Thereafter, without disclosing the amount of Sales and Use Tax collected from the Retailers, the City shall provide the Corporations with the calculated amount of the annual payment due to Developer. Notwithstanding any provision of this Agreement, the Corporations shall have no obligations to make an annual payment to Developer as to any year if the City is not able to determine as to that year the amount of Sales and Use Tax actually collected by one of the methods described above. 5.06 Documentation of Actual Amount Paid for Traffic Light. Within 30 days of complete installation of the traffic signal at FM 455 and Throckmorton Blvd., Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the total amount actually paid for the Cost of Traffic Signal. Said documentation shall include but not be limited to true and correct copies of: all of the construction contracts for design and construction of the traffic signal and any and all change order to said contracts; and all canceled checks, receipts for funds wired, and other similar materials evidencing payment of the Cost of Traffic Signal. Notwithstanding any other provision of this Agreement, if the total Cost of Traffic Signal is less than $303,600, then the Combined Maximum Amount set forth in Section 5.01 shall be reduced to reflect said actual Cost of Traffic Signal in an amendment to this Agreement that Parties must execute promptly after said actual costs have been determined. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 15 Section 6. Buy Focal Provision. 6.01. Developer agrees to use its commercially reasonable efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. 6.02. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Collin County. Section 7. warranties. Developer warrants and represents to Corporations the following: 7.01. Developer is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Texas. Developer has all corporate power and authority to carry on its business as presently conducted in the State of Texas. 7.02. Developer has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. 7.03. Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges related to the Property, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 7.04. Developer has received a copy of the Texas Development Corporation Act, Subtitle C 1, Title 12, Texas Local Government Code, and acknowledges that the Project Funds must be utilized solely for purposes authorized under applicable law and by the terms of this Agreement. In this respect, Developer agrees that the sole purpose of the Project Funds is to reimburse certain costs of construction of the Infrastructure Improvements needed for the Phase I Development and as permitted under Section 501.103 of the Texas Local Government Code. 7.05. The general partner- and any individual executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. 7.06. In accordance with Chapter 2264 of the Texas Government Code, Developer certifies that neither it, nor a branch, division, or department of Developer, will ever knowingly employ an undocumented worker and that if, after receiving any public subsidies under this Agreement, Developer, or a branch, division, or department of Developer, is convicted of a violation under 8 U.S.C. § 1324a(f), as amended or INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 16 recodifMied Developer shall repay the total amount of all public subsidies and/or p incentives theretofore received under this Agreement with interest at two percent (2%) per annum not later than the 120th day after the date the Corporations notifies Developer in writing of the violation. 7.07. No litigation or governmental proceeding is pending or, to the knowledge of Developer and its general partner and officers, is threatened against or affecting p Developer, or the Property that may result in any material adverse change in Developer's business, properties or operation. 7.08. Developer shall not be in breach of any other contract by entering into and g erformin this Agreement. Developer shall amend or enter into any other contract performing that may necessary for Developer to fully and timely perform its obligations under Y this Agreement. Section 8. Miscellaneous. 8.01. Com liance with Laws. Developer shall observe and obey all applicable laws ordinances, regulations, and rules of the Federal, State, county, and city governments related to the Project. 8.02. Non -Discrimination. Developer covenants and agrees that Developer will not discriminate nor permit discrimination against any person or group of persons, with employment regard to and the provision of services for the Project on the grounds of g race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 8.03. Time Periods. Time is of the essence in the performance of this Agreement. 8.04. Force Ma' eure. If the Corporations or Developer are prevented, wholly or in art from fulfilling their respective obligations under- this Agreement by reason of p g any act of God unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control then the obligations of the Corporations or Developer are temporarily suspended during continuation of the force majeure. If either party s obligation is . affected b an of the causes of force majeure, the party affected shall promptly notify Y Y . the other in writing, giving full particulars of the force majeure as soon as possible per' g after the occurrence of the cause or causes relied upon. 8.05. Assi nrnent. Except as provided below, Developer may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City Council and the Corporations, which approval will not be , unreasonablywith Held or delayed. The Corporations agree, however, that Developer may assign all or part of its rights and obligations under this Agreement to any entity INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 17 affiliated with Developer by reason of controlling, being controlled by, or being under common control with Developer or to a third party lender advancing funds for the construction or operation of Phase I Development. The Corporations expressly consent to any assignment described in the preceding sentence, and agrees that no further consent of City Council or the Corporations to such an assignment will be required. Developer agrees to provide the Corporations with written notice of any such assignment. The foregoing notwithstanding, any assignment of Developer's rights under this Agreement shall not release Developer from its obligations hereunder. 8.06. INDEMNITY. DEVELOPER COVENANTS TO FULLY INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS THE CORPORATIONS, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND ASSOCIATED EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES THAT RELATE IN ANY MANNER TO DEVELOPER'S PERFORMANCE OF THIS AGREEMENT OR TO THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE INFRASTRUCTURE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO PUBLIC PROPERTY. DEVELOPER'S OBLIGATIONS UNDER THIS SECTION 8.06 SHALL SURVIVE THE TERM OF THIS AGREEMENT. 8.07. Events of Default by Developer. The following events constitute a default of this Agreement by Developer: (a) The Corporations or City determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to either of the Corporations in connection with this Agreement was incorrect or misleading in any material respect when made. (b) Any attachment or other levy against the Property or any portion thereof with respect to a claim, excluding mechanic's and materialman's liens, remains unpaid, undischarged, or not dismissed for a period of 120 days. (c) Developer makes an assignment for the benefit of creditors. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1s (d) Developer files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. (e) If taxes owed to the City by Developer become delinquent, and Developer fails to timely and properly follow the legal procedures for protest or contest. (f) Developer fails to timely, fully and completely comply with any one or more of the material requirements, obligations, duties, terns, conditions or warranties of this Agreement. 8.08. Notice of Default. Should the Corporations or City determine that Developer is in default according to the terms of this Agreement, the Corporations or City shall notify Developer in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Developer to cure the event of default. Should the Corporations fail to timely, fully and completely comply with any one or more of its obligations under this Agreement, such failure shall be an act of default by the Corporations and the Corporations shall have sixty (60) days to cure and remove the Default after receipt of written notice to do so from Developer. 8.09. Estoppel. The Corporations shall, at any time upon reasonable written request by Developer, provide to any interested parties an estoppel certificate or other document evidencing that this Agreement is in full force and effect, that no event of default by Developer exists hereunder (or, if appropriate, specifying the nature and duration of any existing event of default), the status of completion of any public infrastructure improvements for which economic incentives are being provided by the Corporations, and the payment of funds and/or any other obligations set forth in this Agreement. 8.10. Results of Uncured Default by Developer. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Developer, as determined by the Board, the following actions must be taken for any default that remains uncured after the Cure Period. Further, Developer shall immediately repay all funds paid by the Corporations to them under this Agreement and shall pay the Corporations reasonable attorney fees and costs of court to collect amounts due to Corporations if not immediately repaid upon demand from the Corporations. Upon fill payment by Developer of all sums due, the Corporations and Developer- shall have no further obligations to one another under this Agreement. Neither the City, the Corporations, nor Developer may be held liable for any consequential damages. 8.11. No Waiver. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. No waiver of any covenant or condition, INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 19 or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Any waiver or indulgence of Developer's default may not be considered an estoppel against the Corporations. It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporations to promptly avail itself of the rights and remedies that the Corporations may have, will not be considered a waiver on the part of the Corporations, but the Corporations may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 8.12. Limitation of Remedies. Developer specifically agrees that the Corporations shall only be liable to Developer for the actual amount of the Project Funds to be conveyed to Developer, and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by the Corporations under the terms of this Agreement. Payment by the Corporations is strictly limited to those Project Funds so allocated, budgeted, and actually received solely during the term of this Agreement. Payments to be made shall also require a written request from Developer to be accompanied by all necessary supporting documentation in accordance with this Agreement. 8.13. Notices. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, proper postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the Parties in writing. DEVELOPER: Q Seminole Anna Town Center, L.P. 5956 Sherry Lane Suite 1250 Dallas, Texas 75225 CORPORATIONS: Anna Economic Development Corporation Attn: Chief Administrative Officer 111 N. Powell Pkwy, P.O. Box 776, Anna, Texas 75409-0776 Anna Community Development Corporation Attn: Chief Administrative Officer 111 N. Powell Pkwy, P.O. Box 776, INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 20 Anna, Texas 75409-0776 A copy of all notices and correspondence sent to the Corporations must be sent to the City and the City Attorney at the following respective addresses: City of Anna Attn.: City Manager 111 N. Powell Pkwy, P.O. Box 776, Anna, Texas 75409-0776 Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 Notice is effective upon deposit in the United States mail in the manner provided above. 8.14. Incorporation of Other Documents. The Exhibits referenced in this Agreement and attached hereto are incorporated herein as if set forth in full for all purposes. Said Exhibits include the following. - Exhibit A, Legal description of the Property Exhibit B. Cost of Infrastructure Improvements Exhibit C, Water System Improvements Exhibit D, Sanitary Sewer System Improvements Exhibit E, Road Improvements Exhibit F, Storm Sewer Improvements Exhibit G, Phase I Development Exhibit H, Walmart Site Plan Exhibit I, Legal description of Elevated Tower Site Exhibit J. Access, Electric and Water Easements Exhibit K, Waterline site plan Exhibit L, Waiver of Sales Tax Confidentiality 8.15. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 8.16. Relationship of Parties. In performing this Agreement, both the Corporations and Developer will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. At no time shall the Corporations or the City have any control over or charge of Developer's design, INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 21 construction or installation of any of the Infrastructure Improvements that are the subject of this agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a j oint enterprise between the Corporations and Developer. 8.17 Captions. The captions in this Agreement are for convenience only and are not a p g captions art of this Agreement. The do not in any way limit or amplify the terms and provisions of this Agreement. 8.18 Seyerability. If for any reason, any section, paragraph, subdivision, vision clause, pro, p � phrase or word of this Agreement or the application of this Agreement to an person or circumstance is, to any extent, held illegal, invalid, or unenforceable Y under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable will not be affected by the law or judgment, for it is the definite intent of the Parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement p �t be given full force and effect for itsp To the extent that any clause or provision is held illegal, invalid, or purpose. unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 8.19. Venue. Venue for any legal action related to this Agreement is in Collin County, Texas. 8.20. Inteipretation. The Parties have been represented by counsel of their choosingin the negotiation and preparation of this Agreement. This Agreement was g P p drafted equally b the Parties hereto. The language of all parts of this Agreement shall q Y Y be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 8.21.. Sole Agreement. This Agreement constitutes the sole Agreement between the Corporations and Developer. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 8.22. Third Party Beneficiaries. Except and solely to the extent that this Agreement benefits the City,this Agreement is not intended to confer any rights, privileges or causes of action upon any third party. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page LL 8.23. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 8.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and the binding agreement of each Party to the terms herein, but all of which together will constitute one and the same instrument. 8.25 Recording. The parties agree that this Agreement shall not be recorded. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 23 EXECUTED BY THE PARTIES: Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership By: ANNA TC GP, LLC, its general partner By: Wi liam H. Vanderstraaten, its Manager State of Texas County of Collin Before me, on this day personally appeared William H. Vanderstraaten, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of Anna TC GP, LLC, general partner for Q Seminole Anna Town Center, L.P., for the purposes and consideration therein expressed. Given under my hand and seal of office this (;*-day of C - 2015. LAURA S. RICKMAN Notary Public STATE OF TEXAS My Comm. Exp. Oct. 30, 2015 -Y� Notary —State of Texas ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development co o;Ann B A stancStump, its Preside t State of Texas County of Collin Before me, on this day personally appeared Constance Ann Stump, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of Anna Economic Development Corporation for the purposes and consideration therein expressed. Given under my hand and seal of office this day of �; 2015. �� ARC AL�C NATNA J WKISON My Commission Expires November 13, 2017 No 6y — Stat of Texas INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 24 ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation By: ,Pv ifHoucek, its President State of Texas County of Collin Before me, on this day personally appeared John Houcek, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of Anna Economic Development Corporation for the purposes and consideration therein expressed. Given and seal of office this A" day of 2015. ►��' tr NATHA d WItKISON My Commission Expires November 13, 2017 r�^� No — State o Texas l Joining for the sole purposes of the acknowledging the authorization of this Agreement by City Council resolution as stated in Section 1 and acceptance of the obligation to make request to the State Comptroller and calculate the amount of annual payments as provided by Section 5.05 of this Agreement: CITY OF ANNA, a Texas municipal corporation By: Mike Crist, Mayor Attest: Nat Wilkison, City Secretary •�• de ebne J/'��r�� �, Ob oe j/ may. a o ry R .y r q P r O p 41 ' � O INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 25 Exhibit A. Metes and Bounds Description LEGAL DESCRIPTION 115.61 ACRES BEING of a tract of land out of the W.S. Rattan Survey, Abstract No. 752, Thomas Rattan Survey, Abstract No. 782 and the F.T. Duffau Survey, Abstract No. 288 in the City of Anna, Collin County, Texas, being part of the 107.52 acre tract of land described in deed to Seminole Anna Town Center, L.P. recorded in Instrument No. 20080128000100640, Official Public Records of Collin County, Texas, part of the 4.10 acre tract of land described in deed to Seminole Anna 4, Ltd. recorded in Instrument No. 20080731000931550, Official Public Records of Collin County, Texas, part of the 5.80 acre tract of land described in deed to Seminole Anna 6, Ltd. recorded in Instrument No. 20080731000931560, Official Public Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point in the east right-of-way line of U.S. Highway 75 (variable width ROW) for the northwest corner of said 107.52 acre tract and the southwest corner of a tract of land described in deed to MJLA Adams, Ltd., recorded in Instrument No 20110505000432590, Official Public Records of Collin County, Texas; THENCE with the south line of said MJLA Adams tract, North 89° 18'53" East, a distance of 965.84 feet to a point for corner in the west line of a tract of land described in deed to Tow-J Properties recorded in Instrument No. 20080590005062500, Official Public Records of Collin County, Texas; THENCE with the west line of said Tow-J Properties tract, South 00°28'48" West, a distance of 1549.17 feet to a point for corner; THENCE with the south line of said Tow-J Properties tract, South 89°20'45" East, a distance of 165.07 feet to a point for the northwest corner of Creekside Phase 3, an addition to the City of Anna according to the plat thereof recorded in Cabinet P. Page 60 of the Map Records of Collin County, Texas; THENCE the west line of said Creekside Phase 3, the west line of Creekside Phase 2, an addition to the City of Anna according to the plat thereof recorded in Cabinet P. Page 60 of the Map Records of Collin County, Texas and the west line of Creekside Phase 1, an addition to the City of Anna according to the plat thereof recorded in Cabinet 0, Page 32 of the Map Records of Collin County, Texas, South 00013'51 " West, a distance of 2412.19 feet to a point for corner in the north right-of-way of White Road (FM 455, a variable width ROW); THENCE with said north right-of-way line, the following courses and distances to wit: North 79°25'49" West, a distance of 46.42 feet to a point for corner; North 86053'28" West, a distance of 211.81 feet to a point for corner; South 88°02'21" West, a distance of 410.02 feet to a point for corner; South 85°33'01 " West, a distance of 98.80 feet to a point for corner; South 88°26' 17" west, a distance of 129.91 feet to a point for corner; THENCE leaving the north right-of-way of said White Road, the following courses and distances to wit: North 01 °00'26" West, a distance of 187.04 feet to a point for corner; South 87°09'29" West, a distance of 371.58 feet to a point for corner; South 56059'16" Vilest, a distance of 62.37 feet to a point for corner in the west right-of-way line of said U.S. Highway 75; THENCE with the west right-of-way line of said U.S. Highway 75, the following courses and distances to wit: North 33005'36" West, a distance of 340.90 feet to a point for corner; North 06"31'14" west, a distance of 205.30 feet to a point for corner; North 01 °54'12" East, a distance of 200.62 feet to a point for corner; North 07036'50" East, a distance of 800.00 feet to a point for corner; North 06010'54" East, a distance of 200.06 feet to a point for corner; North 07036'50" East, a distance of 1400.00 feet to a point for corner; North 05027'50" East, a distance of 400.28 feet to a point for corner; North 10028'35" East, a distance of 360.20 feet to the POINT OF BEGINNING and containing 115.61 acres of land. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or i reconfiguration of the boundary of the political subdivision for which t was prepared. EXMBIT B COST OF INFRASTRUCTURE IMPROVEMENTS Infrastructure Improvements Estimated Cost Percentage Contribution by the Corporations Amount to be Contributed by the Corporations 12" Throckmorton Blvd. water line labeled as water line "A" in Exhibit C. $95,943 50% $47,972 Oversizing from 8" to 12" the water line labeled as water line "B" in Exhibit C. $5,293 100% $52293 12" & 15" sanitary sewer line labeled as sanitary sewer line "C" in Exhibit D. $947390 50% $47,195 12" sanitary sewer line labeled as sanitary sewer line "D" in Exhibit D. $652382 100% $651382 Oversizing from 8" to 15" the remainder of the Throckniorton Blvd. sanitary sewer line labeled as sanitary sewer line "E" in Exhibit D. $182837 100% $182837 FM 455 right turn lane shown in Exhibit E. $78,900 50% $397450 U.S. Hwy 75 right turn lane as shown in Exhibit E. $78,900 50% $39,450 Full width of Throckmorton Blvd. through the Phase I Development including, pavement, sidewalks, street lights and landscaping as shown in Exhibit E. $619,306 50% $3092653 Internal main common access drive through the Phase I Development as shown in Exhibit E. $3732972 50% $1862986 Shared storm sewer line as shown. in Exhibit F. $1902057 50% $957029 Public storm sewer line as shown in Exhibit F. $312,884 50% $1562442 Total Cost of Infrastructure Improvements Contributed by the Corporations $11t933,864 $11011,689 Traffic Signal $28930300 100% $289,300 Total Costs Contributed by the Corporations Including Traffic Signal $2,223,164 $1,300,989 > !R an aa. z I- U 0 boo tr rIto i ) '), i° rc t 1 r J o i 1 I d r'! •• � 1 ! Jt �_` _ . -i- Flh rir ! + � j �• - t .. � . _ _. _ 1211 WATER - 12 WATER r a OW 0 FH kp To `',ti 1 2 WATER � t`- •j /KV._ _ -' . - - �'�...�4�_ �_� y_.:_�..____-z,�---- sty.._--�..�_._ �_�_ • - _ ... t, i _\ t I � _.._._w__..�.r�_•_'- _... _-•- _.. _. _ • ._e. ' .�--__ �...�_ -.._-_ �= �. ••-_.S .. J Z S .:t -_ w . i s A. ,. f: S a C Y lc ti w v : 2 +/ s u `__ �?,�_-••_-1 ..-��_.....,_-w �._. ^ 11i .' -_«. .L. u � Q t14 _ �a .a Z.a w � •L lay a• t ' ' FM 455 (WHITE ROAD) (A VARIABLE WIDTH RIGHT-OF-WAY) t 1 f 1 1 � •a� LEGEND A THROCKMORTON if cif WATER LINE H I B I T �� 250 125 0 250 6 DIFFERENCE BETWEEN 8" & 12" WATERT• NORTH GRAPHIC SCALE IN FEE WATER LINE o. 0 t� c 0 U :n x N w ca U O O O c CO co +�+ O m J� w Q ' a. YO w= w U) a z E-- C) t7 �oo Lj C, i uj ICJ! ! !� �' .. '-.- .. 3 Id. ._ 161, PVC 12 PVC rl? j' ( E F x x X;s x x x x x x x x x x 12" PVC J c 121, PVC -Z zoo -po 77) FM 456 (WHITE ROAD) (A VARIABLE WIDTH RIGHT—OF-WAY) LEGEND EXHIBIT "D" SEWER 250 125 0 250 NORTH GRAPHIC SCALE IN FEET Kj*ml>»HcTn co Q U G 0, N X C/3 W Z Q cG CO U" r a � co cc o co •> to J� W Q a 0 X O C Q a s ca a V u O O to CFJ it) to a c "-' to �U= N -j c`a QU rn�• d co Y O r c ,z ♦^ , r I S, +`t i US 75 RIGHT TURN LANE _ ,�; �; 36' PAVEMENT t� 4 , r �� s O 1 40PAVEMENT, SIDEWALKS, 0 STREETLIGHTS, AND00 w r LANDSCAPING (TYP.) , C) W. ! = Q 1, INTERNAL MAIN 1 COMMON ACCESS r !`t !'+ O� I f _ : f �•,t s o f1i _ __ _ _.�...__------•----•-� _ _.__ ..�,-=,-tip_--�-- � ;-�._._�•__.._.�__..__._--�...�v_-..��'-"� - -� i� _ _ _ .__ � -_" .... s� .s.� . ... .. '' _ r s -e sr s n . ,ram t f FM 455 (WHITE ROAD) FM 455 RIGHT (A VARIABLE WIDTH RIGHT-OF-WAY) TURN LANE f - 1 LEGEND INTERNAL MAIN COMMON �� ACCESS "Ell EXHIBIT 250 125 0 250 ZI PUBLIC R.O.W. (THROCKMORTON BLVD) F.M. 455 RIGHT TURN LANE PAV I H G GRAPHIC SCALE !N FEET NORTH U.S. 75 RIGHT TURN LANE p g (� A ti®�'r�.e. 17 issA n �l.�i F•�L� ISLE [�!'�1 r hl i 1 i 62 lr f � '.�3' i!' +T"'-- •••^'•'_-'`� Fwuta'4ei'.t3:u: »t'��:-7 .i"...�.."'_�..'.�_�.+- :::_sires p�;r'r"��^�.� � 1."-.F- : __ �'7 � �_'r:.� S,♦ T' _'" ... Q ... 0 m t 1 ! �! �N i I i SC 0 IL r SHARED - -- --- - --# , L STORM LINE ;• i looe oor, f t _ A. kp cl s � •`� 't � PUBLIC STORM LINE • ' CL .:_� .� rsTrr:'vc!?-esaz l �'.' • j ` • � '. - a • r .. .. •- •'-- w _« . � . •_ • • __ ��, ..._ ..-..:� ' `� •..--��, r-._ .�-. _..•....-...-...._--_.... __ •_ _-.« -. •- _ � 1 - - •r i. ♦ • S• ' FM 455 (WHITE ROADLo } a (A VARIABLE WIDTH RIGHTOFWAIF ► -_ rn cc E _ •~'� o 2 r — N Lo LEGEND �U= a � 11 11 F Y o SHARED STORM LINE EXHIBIT 250 125 o 250 STORMNORTH PUBLIC STORM LINE GRAPHIC SCALE IN FEET Co a z N 0 `3 0 0 Kiamley�Mm ®rn U A� N x 0 W Z3 tG U 3 o .a 0 uO _ CD �a co E 0 0 > u3 2 -J� W Q ' YO oLLJ w QQ¢ U) a z �-- Cr) 0 cn �oo a [O C3 Q. r c CL 0 u rN•. � X W N to a 00 Co > 0 0) Lo Un �vo7 awv 0�o� 2to o -! W QU � :,,:a c5!4 0 In LLJ w co L z lr� irl Jill + r r� r 0 /I, o f I (o �' I f (( y�y., K.i$t'��N i711R L�`i:�L7 l.'.-'•L^'r+LL't+".�:'. G...� �""�Y-�..��ZL �.^1\�L•.�.rl'F: ^.JG.�r - RY.•^..!'.',i-- ,�j, `R+F'. N '•� nJ L 1'`i ..+ta /,•} «_` 7i ` �) � I � 1 p' �'TJ."J� eT. 419z11ro'•�Yt'"w�•- �T+w �(^ :i t 3:-: ! Z o r; �a0. PHASE 1 ° , 0 a t- 0 . DEVELOPMENT kp. , ----ter- .�- •�i-� -po� 76 f" �S^Js ` Li� 4. :i7 1f•f •>;Z3�": sr d i-• , , i i �.���_.. ...r.-+- _��..��«.r.._.«tom.. -' - � ; .._.-�-•- - -. e � s .. . n - � o .. . . t -�-. •-'- .yam �_ -•• S - , ' • • - + . v v X n ... � 1 f FM 455 (WHITE ROAD) •1 S (A VARIABLE WIDTH RIGHT-OF-WAY) - r EXHIBIT "G" PHASE 1 DEVELOPMENT 250 125 0 250 NORTH GRAPHIC SCALE IN FEET c ❑ W W= co z I- 0 (7 goo i 1 r - i j1 co f jlill '�� • r'' r rf• -- — - — tt iilTRFi� iTTTI (Tl f�T{ 'iN+i �Trri 1(,'fFfIH�{}�T�IITff0�1TI�ffPrTIfRT ; (mrr,n�. I I-N+O+ ffilItaI141it" 141I z � r�•, ;�, I III . II��"' ���� = ,I i III �,HI HI I#1M I WALMART STORE li g W II l'. jj#&IIii}I1 11 SITE PLAN I Y o nil" I (�� U OR J I ,III 1 LUJ JTI I II IMI e I I L&¢ r I 2 / \ „lur ora�Ll07 I FM 455 WHITE ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) r i EXHIBIT " H 11 250 125 0 250 1%VA L fVIA RT STORE SITE PLAN GRAPHIC SCALE IN FEET NORTH \� fF�tai ey o , u�u u uri�y' LEGAL DESCRIPTION 1.809 ACRES EXHIBIT I BEING a tract of land out of the W.S. Ratton Survey, Abstract No. 752 in the City of Anna, Collin County, Texas, being part of a called 107.52 acre tract of land described in Special Warranty Deed with Vendor's Lien to Q Seminole Anna Town Center, L.P. recorded in Instrument No. 20080128000100640, Official Public Records of Collin County, Texas and being more particularly described as follows: COMMENCING at a 'ill" iron rod with "Geer 4117" cap found for corner in the east right-of-way line of U.S. Highway 75 (variable width right-of-way) for the northwest corner of said 107.52 acre tract and the southwest corner of a tract of land described in Special Warranty Deed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462590, Official Public Records of Collin County, Texas; THENCE with the north line of said 107.52 acre tract, North 89018'53" East, a distance of 965.84 feet to a 318" iron rod found for corner in the west line of a tract of land described in Quitclaim Deed to Two-J Properties recorded in Instrument No. 20080509000562500, Official Public Records of Collin County, Texas; THENCE with the west line of said Two-J Properties tract, South 0°2848" West, a distance of 754.81 feet to a point for corner; THENCE leaving the west line of said Two-J Properties tract, North 89°20'59" West, a distance of 56.08 feet to a 5/8" iron rod with "KHA" cap set at the PINT OF BEGINNING; WHENCE the following courses and distances: South 41 °04'19" East, a distance of 33.28 feet to a 518" iron rod with "KHA" cap set at the beginning of a non -tangent curve to the right having a central angle of 38011'54", a radius of 335.00 feet, a chord bearing and distance of South 28026'36" West, 219.23 feet; In a southwesterly direction, with said curve to the right, an arc distance of 223.34 feet to a 5/8" iron rod with "KHA" cap set at the end of said curve; South 47032'33" West, a distance of 121.98 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a tangent curve to the left having a central angle of 3039'54", a radius of 395.00 feet, a chord bearing and distance of South 45°42'36" Vilest, 25.26 feet; In a southwesterly direction, with said curve to the left, an arc distance of 25.27 feet to a 5/8" iron rod with "KHA" cap set at the end of said curve; from said point a wood post found for the southwest corner of said Two-J Properties tract bears South 26042'25" East, a distance of 534.13 feet; North 46007'22" West, a distance of 189.00 feet to a 5/8" iron rod with "KHA" cap set for corner; North 0°39'01" East, a distance of 190.53 feet to a 5/8" iron rod with "KHA" cap set for corner; from said point the 1 /2" iron rod with "Geer 4117" cap found at the northwest corner of said 107.52 acre tract bears North 38003'57" West, a distance of 938.53 feet; South 89020'59" East, a distance of 324.73 feet to the POINT OF BEGINNING and containing 1.809 acres or 78,792 square feet of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5336 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 PH. 972-770-1300 dana.brown@kimley-hom.com WATER TANK SITE W.S. RATTO N SURVEY ABSTRACT NO. 752 CITY OFANNA COLLIN COUNTY, TEXAS s.i i^ktec► crer%uAK11= 4n14n1r)n4A a-M ARA nSeir_ KIAAA= to-inet et tP%1Pv►nRddRSg►nn_r%W11=F,4NNAU' wr.%nRddR55nn-ANNA WATER TANKSITE_DWG LAST SAVED 10/912014 6:29 PM 0 100 200 GRAPHIC SCALE IN FEET LEGEND A = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS NOTES All comers of water tank site are a 6/8" iron rod with "KHA" cap set unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. WATER TANK SITE W.S. RATTON SURVEY ABSTRACT NO.752 CITY OFANNA COLLIN COUNTY, TEXAS MJLA ADAMS, LTD. EXHIBIT I INST. NO.20110505000462590 C ■Oa PK O.P.R.C.C.T. , N89018'53"E 965.84 IRF --. S� 112" I ' 318" �RFC O "GEER 411r LU C �1 t co TWO-J PROPERTIES _ a ` o INST. NO. v� 20080509000562500 ��C9° CALLED 107.52 ACRES O.P.R.C.C.T. Q SEMINOLE ANNA TOWN CENTER, L.P. INST. NO.20080128000100640 1/2" IRFC O.P.R.C.C.T. > C-4 f co CA "GEER 411T \`9�� (N 84°29' E 2.741) �u^ = r Z z 0LL F- LL t!? Cc!? \ LL j 1 S89°2U59"E Nas°Za'59"�!V 324.73' 56.08' 1/T IRFC "GEER 411T' S41 °04''19"E 77'fi 33.28' PeOrBs p 9,01"E NO3 190.53' I.809 ACRES -"4%+e=38011'54" NORTH 75,792 SQ.FT e=3°39'54" R=395.00' L=25.27' CB=S45°42'3fi"W C=25.26' �(P WOOD IT— 318" II�F POST - N46°07'22"W 189.00' ...,, ....,,A A fl..,. Aa. ntAl/'± srAAAc V-Inei Q! iQvr%Anr%dAA55n0-CHIEF R=335.00' L=223.34' CB=S28°26'36"W C=219.23' S47°32'33"lltl 121.98' WATER TANK SITE.DWG LAST SAVED 10/9/2014 6:29 PM PLAT l tU t�Y JVtYtJ, .71 crnw��� �u► �urav i-t v.�-T. u...--•�- .-• �-•— • ----- —.... - EXHIBI J /1/l8/14 Parcel No. IA FIELD DOTE DESCRIPTION FOR PERMANENT 20-FEET WIDE WATER LINE EASEMENT OVER, UNDER, AND ,ACROSS THE PROPERTY OF Q SEMINOLE ANINT.A TOWN CENTER, LP (INSTRUMENT NUMBER 20131125001577660, DEED RECORDS OF COLLIN COUNT', TEXAS) BEING a strip of land for a 20-feet wide permanent water line easement and being over, under and across a 7.90 acre tract located in the Thomas Rattan Survey, Abstract No. 0782, Collin County, Texas, conveyed to Q Seminole Anna Town Center, LP by a deed recorded in Instrument Number 20131125001577660, of the Deed Records of Collin County, Texas (D.R.C.C.T.). Said strip of land being more particularly described as follows: BEGRiNING at a point on the common north and south property line of said 7.90 acre Q Seminole Anna Town Center, LP tract and a 86.032 acre tract conveyed to Q Seminole Anna Town Center, LP by a deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T., said point being on the future east right-of-way line of U.S. Highway 75 (a TxDOT highway), said point also being S 22°04'30" E, a distance of 111.51 feet from. a 5/8" iron rod found, said iron rod being on the existing east right-of-way line of said U.S. Highway 75, said iron rod also being on the west property line of said 86.032 acre Q Seminole .Anna Town Center, LP tract, said point of beginning also being N 26°34'23" E, a distance of 109.45 feet from a 5/8" iron rod found in the existing east right-of-way line of said U.S. Highway 75 and the west property line of said 86.032 acre Q Seminole Anna Town Center, LP tract; THENCE, N 8805750353 E, leaving the said future east right-of-way line of U. S . Highway 75 and along the common property line of said Q Seminole Anna Town Center, LP tracts, a distance of 20.02 feet to a point for a corner; THENCE, S 30553'30" E, leaving said common property line and being 20-feet perpendicular distance from and parallel to the said future east right-of-way line of U.S. Highway 75, a distance of 375.35 feet to a point for a corner; THENCE, S 33009'32" E, being 20-feet perpendicular distance from and parallel to the common line of the wrest property line of said 7.90 acre Q Seminole Anna Town Center, LP tract and the said existing east right- of-way of U.S. Highway 75, a distance of 53.26 feet to a point for a corner; THENCE, S 56°50'28" W, a distance of 20.00 feet to a point for a corner, said point being on the common line of the west property line of said 7.90 acre Q Seminole Anna Town Center, LP tract and the said existing east right-of-way of U.S. Highway 75; THENCE, N 33009132" w, along the common. Line of the west property line of said 7.90 acre Q Seminole Anna Town Center, LP tract and the said existing east right-of-way of U.S. Highway 75, a distance of 58.48 feet to a point for a corner, said point being at the intersection of the said existing and future east right-of-way line of U.S. Highway 75; Page 1 of 3 h:lprojectsla=N20141 I I lesmt-platsldcscriptionslparcel la,doc EXHIBIT J 11118114 Parcel No. ]A THENCE N 355 m '30" W. leavingsaid common line of the west property line of said 7.90 acre Q Seminole Anna Town Center, LP tract and the said existing east right-of-way of U.S. Highway 75 and being along the said future ea g y east ri ht-of-wa line of U.S. 75, a distance of 381.57 feet to the POINT OF BEGINNING, said perxnan ent 20-feet wide water line easement containing 0.20 acre (8,686.59 square feet), more or less. Also, a temporary construction easement being 20-feet in width and immediately adjacent to and parallel with the eastern legs of the above described 20-feet wide permanent water line easement, said temporary construction easement containing 0.19 acre (8,457.86 square feet), more or less. 1. Bearings and distances cited in this field note description are based on the Texas State Plane C System, Coordinate S ste NAD-83, Texas North Central Zone 4202, Surface to Grid Scale Factor .999851837. 2. Field surveys concluded on October 21, 2014. 3. An Easement Plat of even date herewith accompanies this Field Note Description. :.•°••. GARY CLINTON HENDRICKS f « 5073 �. S U Rv r/ ` -� oe Date: Gary C. Hendricks, P.E., R.P.L.S. T.B.P.L.S. Firm No. 10031800 Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. T.B.P.E. Firm No, 526 11910 Greenville Avenue, Suite 600 Dallas, Texas 75243 Phone: 214-3 61-7900 Bprojects%annat201411 l\esmt_platsldescriptionslparcel la.doo Page 2 of 3 I i 0 SEMINOLE ANNA TOWN CDM, LP -� INST. NO.20080128000100640 !A D.R.C.C.T. u j L a- NB8'57'03AE in 20.02' a (DEED CALL-N W55' 10' E) FUTURE TxDOT a R.O.W. UNE r w REFERENCE BEARING S2 Oe30"E - 111.51 Cv tloylyl err....,.. 5/8' I,R.F, "NNING .10001 Z 20' M W PO Y 019 ACRE (8,457.86 S*F.) SX55'30T 375.35a w.� RJTURF- TxUOT R.O.W. REFERENCE BEARING N26.34'23"E - 109.45' U.S. HIGHWAY 75 (CENPZqL EXPRES WAy z n w NOTES: 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE I BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83. TEXAS NORTH CENTRAL ZONE r- 42029 GRID SCALE FACTOR .999851837. 'e`+ 2. FIELD SURREYS WERE CONCLUDED ON OCTOBER 21, 2014. � w 3. A FlELD NOTE DESCRIPTION OF EVEN DATE cn HEREWITH ACCOMPANIES THIS EXHIBIT. R + {l THOMAS RATrMI SURVEY AesnRACr 0782 Q SEMI MNA TOWN CVS PHARMACY, INC. - - Imp INST. NO. 20131121001568310 D.R.C.C.T. Lu INS . N0. 20131125001577660 i I~ D.R.C.G.T. 3:i � �s Ln to v S5650 28V r S33'09 32T 53.26' 20.00 'Il MIN Mm"ll MJX09"32V 58.481p J (GEED CALL-N 3�09'32" W) 0'�+Y� 1113"553 EXIST. TxDOT 381.57' R.O.W. LINE PISMO 0 100 200 20WIDE PERAMNENT WA' ENE EA SEMEW. SCALE IN 0.20 ACREHORIZONTAL (8.9 666. 59 SoFo) OF co 4044i.414.1r.694-&.w04-40..6.... :... GARY CLINTON HENDRICKS ..0..#..w..r..w....w..sw........ ;-� 5073 �.,.p' figs sQ a ,.�0 '4 s iJ RUB PARCEL NO.. 1A CITY -OF ANNA, TEXAS Q SEMINOLE ANNA TOWN CENTER, LP PERMANENT WATER UNEEASEMENT EXHIBIT BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS - '(HPLS FIRM N0. 10031800 Nov. 2014 11910 GREENVILLE AVE., SUITE 600 DALLAS. TEXAS 75243 214-361-7900 PAGE 3 OF 3 EXHIBI J /!/17/14 Parcel No. 1 FIELD NOTE DESCRIPTION FOR PERMANENT 20-FEET WIDE WATER. LIME EASEMENT OVER, UNDER, AND ,ACROSS THE PROPERTY OF Q SEMINOLE ANN.A TOWN CENTER, LP (INSTRUMENT NUMBER 200801280001006409 DEED RECORDS OF COLLIN COUNTY, TEXAS) BEING two 20-feet wide strips of land for a permanent water line easement and being over, under and across a 86.032 acre tract located in the W. S. Rattan Survey, Abstract No. 0752, Collin County, Texas, conveyed to Q Seminole Anna Town Center, LP by a deed recorded in Instrument Number 20080128000100640, of the Deed Records of Collin County, Texas (D.R.C.C.T.). Said strip of land being more particularly described in two tracts as follows: TRACT 1: BEGINNING at a point on the west property line of said 86.032 acre Q Seminole Anna Town Center, LP tract and being on the east right-of-way line of U.S. 75 (a TxDOT highway), said point being N 7°44' 36" E, a distance of 374.88 feet from a wood right-of-way marker found in the east right-of-way line of said U.S. 75, said wood right -of --way marker also being in the west property line of said 86.032 acre Q Seminole Anna Town Center, LP tract; THENCE, N 7035'46" E (N 6020'09" E per recorded deed of said 86.032 acre Q Seminole Anna Town Center, LP tract), along the common property and right-of-way line, a distance of 20.00 feet to a capped iron rod found for a corner; THENCE, S 8202411411 E, leaving said common property and right-of-way line, a distance of 45.92 feet to a point for a corner, said point being on the future TxDOT east right-of-way line of said U.S. 75; THENCE, N 7035'46" E, continuing along said right-of-way line, a distance of 80.02 feet to a point for a corner, said point being on the north line of a proposed 80-feet wide access easement (by separate instrument); THENCE, S 82023'04" E, leaving said right-of-way line and continuing along said proposed access easement, a distance of 20.00 feet to a point for a corner; '11- ENCE, S 7036256" w, crossing said proposed access easement to the south line, a distance of 80.01 feet to a point for a corner, said point being on the south line of said proposed access easement; THENCE, S 82°24' 14" E; along the south line of said proposed access easement, a distance of 80.09 feet to a capped iron rod found for a corner, said point being the beginning of a curve to the left; THENCE, continuing along said access easement and along said curve having a radius of 405.27 feet, a central angle of 44°08' 16", and an arc distance of 312.20 feet (chord bearing - N 75°31'38" E and chord distance of 304.54 feet) to a capped iron rod found for comer, said iron rod being the beginning of a curve to the right; THENCE, continuing along said access easement and along said curve having a radius of 326.10 feet, a central angle of 37°03'50", and an arc distance of 210.95 feet (chord bearing - N 72°03' 14" E and chord distance of 207.29 feet) to a capped iron rod found for corner; Page 1 of 4 h:lvroiects%anna%201411 l%esmt olatsldescriotionslnmcel l doc EXHIBIT J 111171f4 Parcel No. 1 " in aloe said proposed access easement, a distance of 59.52 feet to a THENCE, S 89 24 51 E, continuing g p p cappedcorner of aroosed elevated storage iron rod found for a corner, said iron rod being in the northwest proposed tank property site (by separate instrument); THENCE, S 003720W, leaving said proposed 'd access easement and continuing along the west property line of said propo sed elevated storage tank site, a distance of 20.00 feet to a point for a corner; THENCE, N 892451 " NI, leaving said proposed osed elevated storage tank site, a distance of 59.51 feet to a point p for a corner, said point being the beginning of a curve to the left; 'us of 306.10 feet, a central angle of 37°03'43", and an are distance of `THENCE, along said curve having a radius for corner, said point bearin - S 72'03'18" W and chord distance of 194.57 feet) to a point p198.00 feet (chordg being the beginning of a curve to the right; • us of 425.27 feet, a central angle of 44°08' 10", and an arc distance of THENCE, along said curve having a radius Nord bearin - S 75 °31' 41" W and chord distance of 319.55 feet) to a point for comer; feet (c g THENCE, N 82024' 14" W. distance of 80.09 feet to a point for a corner; THENCE, the following courses and distances ' beingat all times 20-feet perpendicular from and parallel with the future east right-of-way line of U.S. 75: THENCE, S 7036'56" W, distance of 369.02 feet to a point for a corner; THENCE, S 5050124" w, distance of 500.45 feet to a point for a corner; THENCE, S 9014' 18" W, distance of 600.49 feet to a point for a corner; THENCE, S 7036756" W. distance of 698.81 feet to a point for a corner; THENCE, S 30234" W, distance of 198.35 feet to a point for a corner, said point being S 88057'03" E. a " •rron rod found at an interior corner of said 86.032 acre Q Seminole distance of 598.64 feet from a 1/2 ter Lp tract and a northeast corner of a 7.9 acre tract conveyed to Q Seminole Anna Town Anna Town Cen , Center, LP by a deed re corded. in Instrument Number 201311250015776609 of the D.R.C.C.T.; of 20.05 feet to a point for a corner, said THENCE, S 8 85703" W. distance d point being on the future TxDOT east right-of-way line of said U.S. 75; THENCE, the following courses and distances being along said future east right-of-way line of U.S. 75; THENCE N 3002'34" E. a distance of 200.58 feet to a point for a corner; THENCE, N 7036'56" E. a distance of 699.89 feet to a point for a corner; THENCE, N 9014' 18" E. a distance of 600.18 feet to a point for a corner; THENCE, N 5050724" E, a distance of 500.16 feet to a point for a corner; THENCE, N 7°36'56" E, a distance of 369.32 feet to a point for a corner; " said future TxDOT east right-of-way line of U.S. 75, a distance of 45.91 THEI�ICE, N 82 24 14 W, leaving s � said errnanent 20-feet wide water- line easement containing 1.46 acres feet to the POINT OF BEGIIQ� G, p (63,570.79 square feet), more or less. Page 2 of 4 h %nr�irrtclannve%7n 1 d 11 1%resnl nWc%dPgrrin6nnclnarrP1 I rinr EXHIBIT J 11/!7/14 Parcel No. 1 Also, a temporary constructi on easement being20-feet in width and immediately adjacent to and parallel. with the southern and eastern legs of the above described permanent 20-feet wide water line easement, said temporary construction easement containing 1.42 acres (61,841.07 square feet), more or less. TRACT 2: t on the east property line of said 86.032 acre Q Seminole Anna Town Center, LP tract BEGINNING at a point p p and being on the west property line of a 50.53 acre tract conveyed to Two-J Partners LLLP by a deed recorded • ' - 09000562500 of the D.R.C.C.T., said point being N 11033'47" w, a distance of 1n Instrument Number 200805 792.13 feet from a 3/8" iron rod found said iron rod being in a northeast corner of said 86.032 acre Q it Seminole Anna Town Center, LP tract and on a south property line of said Two-J Partners LLLP tract, said iron rod also being the north rnwest comer of a 26.884 acre tract of land being Creekside Phase 3, an addition to • recorded b Subdivision Number S8453, of the Plat Records of Collin County, Texas the City of Anna as recor y (P.R.C.C.T.); THENCE 2" W leavingsaid common property line, a distance of 37.97 feet to a point for a corner, 1 N 89203 said point being in in a northeast corner of said proposed elevated storage tank site; ' along a northeast property line of said proposed elevated storage tank site, a THENCE, N 41 11 44 i]V, g distance of 26.85 feet to a capped iron rod found for a corner, said iron rod being in a southeast corner of said proposed access easement; " common Iine of said proposed elevated storage tank site and said proposed THENCE, S 8 9 20 32 E. leaving � an the common property line access easement a distance of 55.83 feet to a point for a corner, said point being p • of said 86.032 acre Q Seminole Anna Town Center, LP tract and said Two-J Partners LLLP tract, say point also being S 2803154 E, a distance of 114.56 from a capped iron rod found within said 86.032 acre Q Town Center LP tract and at the northeast corner of said proposed wide access easement; Seminole Anna To , ' along said common property line of said 86.032 acre Q Seminole Anna Town T�IE�ICE, S 0 3 0 15 i�T, g p C enter LP tract and said Two-J Partners LLLP tract, a distance of 20.00 feet to the POINT 4F BEGRqNIlVG, said permanent 20-feet wide water line easement containing 0.02 acre (938.02 square feet), more or less. easement being variable in width and immediately adjacent to and parallel Also, a temporary construction e g with the southern leg of the above described permanent 20-feet wide water line easement, said temporary construction easement containing 0.02 acre (703.61 square feet), more or less. 1. Bearings •gs and distances cited in this Meld note description are based on the Texas State Plane Coordinate Syste m, NAD-83 Texas North Central Zone 4202, Grid Scale Factor .999851837. 2. Field surveys concluded on October 21, 2014. ate herewith accompanies this Field Note .lie aril)ti �L 3. An Easement Plat of even d p 4. o Date: 1ej /;�7 *46600,8 . . , . .�1j�, • t GARY CLINTON HENDRICKS 0 5073 �t StJR Gary C. Hendricks, P.E., R.P.L.S. T.B.P.L.S. Firm No. 10031800 Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. T.B.P.E. Firm No. 526 11910 Greenville Avenue, Suite 600 Dallas, Texas 75243 Phone: 214-361-7900 hAmnirrfdannaOn14111%rcmf nJ.%tc%Acrrir%6nnclnacrr1 I rinr Page 3 of 4 Now Q 400 804 HORIZONTAL SCALE IN FEET N3'02'342' 200.58' NT36'S6"E E 5/r t.R.F.: 699.89 •—. 5/e I.R.F... t.R.F. 2 i f FUTURE o 1588'5TW OV R 20.05' cn REFERENCE BEARING 0 SW57'03V - 59&6,V S3'©','•� "j� 198.350 i 4 SEMINOLE ANNA TOWN 20 y CENTER. LP+ INST. NO. 20131125001577660 O.R.C.C.T. I.R.F. z 12 L Curv r N82'24'14'1V 7RACI' 1 20-P WDE i `I t'��'' 45.91 POINT OF A 'ENE s�/FrNT U.S. 75 N7,1656'E' �EG%NNII VIA' 1.46 ACRES 369.32' 20.00' REFERENCE BEARING (DEED CALL-N 6'20'090 E) (0,570.7.Q S.F.) N505024 *E N7'44'36',E - 374.8s! MV. 500.16'CAP S822414 T N9'14'18"E EXff rr. TXDOT 45.92 7XDj 600. A r' R.O.W. EU1�I301 3 11f "3�` 56 **E tiND WOOD 80.02' I.R.F. CAP �M SD � R.O.W. MARKER � S82'23'0 " I.R.F. CAP '� E 20.00' I.R.F. CAR GF0 4117 +ww wr S505024Aw j 80.01' S736 56 AW 500.45# 369.02' t•R S82'24'14 "�" DISK 898.81 ' S9'r4'l8'�+Y N82'24'14'�V 80.09' CD 80.09' C4 Cf 600.49 � I.R.F. ��AP RROPOSED' a0• n o "ompo c y *ACCESS EASEMENT Ln j-; a � N E TAN W. S. RATSURVEY 02 a o I�+� ASSrRA�Cr 0752 N89�24'S1 " #•R.F. l o W 1 ,r �N� Q SENIINOLE MNA TOWN 59.51' $89:2 51 E o>< 07 •S° Fe) PROPOSED I�VATM 59.52 CEN1ER� LP � INS% NO. 20080128000100fi44 Srot�cE TANK snE ---' t.R.F:. CAP D.R.C.C.T. N411144 1Y So'3720V 26.85 Fes. 20.00'00 20 � WINE �014Y I P.F..CAP S89'20'32'� -GUM � UC�t�N FAS 0EW I.R.F. i I 55.8,1' a02 ACRES � I.R.F. CAP --- r-' REFERENCE BEAR ING (703961 S.F) -'� —' SM1'54"E - 114.56' e Table Curve # Length Radius De ' Delta Chord Direction Chord Length C1 312.20' 405.27' 4 V08' 160 N75'31'38"E 304.54' C2 210.950 326.10" 3703150" N72'03' 140E 207.29' C3 198.00, 306.10" 3703'43" S7Z03' 180W 194.57' C4 327.59 425.27' 44'08' 100 S75'31'410V11 319.55° .... --' CREEKSIDE PHASE 3 � . - 3�9 r f (�+� j .j►g� � �.t � i�.I! vl«. ,gl:,�"fw7�l so�3o..15xw a 02 ACRE 20.00' (938a02 S.F.) SUBDIVISION) S8453 INST. NO. 2004-0060537 f � - � - INST, TWO-J PARTNERS LLLP NO. 20080509000562500 PG. 623 BEGINNING D.R.C.C.T. --PARCEL P.R.C.0 T. N0. 1 NOTES: 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE �.fi. CITY OF I BASED ON THE TEXAS STATE PLANE COORDI i ... AN NA,NATE ..TEXA� ,¢. SYSTEM, NAD-63, TEXAS NORTH CENTRAL ZONE ,� •'t�,q?� — 4202, GRID SCALE FACTOR .999851837. QSEMINOLE ANNA TOWN CENTER 9 LP 2. FIELD SURVEYS WERE CONCLUDED ON OCTOBER 21, ` 1 GARY_CLINTON.HENDRICKS PERMANENT .. 2014. WATER LINE EASEMENTS EXHIBIT 5073 •'fis o BHOFF HENDRICKS 3. A FIELD NOTE DESCRIPTION OF EVEN DATE,C, •-�.•.�•• & BARTER, L.L.P. HEREWITH ACCOMPANIES THIS EXHIBIT. PROFESSIONAL ENGINEERS — TOPLS FIRM NO 10031800 201 r C1 �, 11910 GREENVILLE AVE., SUITE 600 Nov4 DALLAS, TEXAS 75243 214-361 —7900 PAGE 4 OF 4 EXHIBIT J MJ LA ADAMS, LTD. INST. NO. 20110505000462590 RO.C. O.P.R.C.C.T. N8901953"E 965.84' 318" IRF 1/2" IRFC a "ER 4117" f ° CALLED 107.52 ACRES Q SEMINOLE ANNA TOWN CENTER, L.P. INST. N O. 20080128000100640 b ..._ ' O.P.R.C.C.T. as � co j 112" IRFC Lit "GEER 4117" _ (N 84*29' E 2.74') O o Of e=37"1243" z j R_405.00' o L=263.04' " CB=N72°Q2'39"E aCq a=44° 10`3$ C=258.44' to R=325.00' S89" 20 59 E 384.27 112" IRFC "GEER 4117" S7°36'50"W 27.23' PsOoBs - N 7°36'50"E --1 80.00, LEGEND L=250.59 CB=N75°31'37"E C=244.43' S,82023'04" E 146.01' N82`23'o4V 146.01' 0=44010'38" R=405.00' L=312.27' CB=S75031'37'W C=304.59' D = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING iRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS NOTES All comers of water tank site are a 5/8" iron rod with "KHA" cap set unless otherwise noted. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. r 6 0 '1 1 * 0 W1 0 0 N La 0 �o� a. 0 U W-� N Q: .o 00 �z z SO"39'0 1 "W 80.00' N89°20'59NJ 384.2]' N89°2tt'S9"VI� 354.2.T 00 >to >00 1.926 ACRES 1.92� ACRES r- fe N o r 7 1243 83,902 SQ.FT. R=325.OW z� z a 1-. a L=211.08' UU: CB=S72°02'39"W 1- o �. C=207.39' v� CO I.: d I JOKES, S:TEPHAN19. t011012014 8:44 A-M DWG-NAIME iC:ji)AL_SURVEYIU��4Fi55t}D-CHIEF NORTH 0 100 200 GRAPHIC SCALE IN FEET 80' ACCESS & ELECTRIC EASEMENT W.S. RATTON SURVEY ABSTRACT NO.752 CITY OFANNA COLLIN COUNTY, TEXAS KI Horn w Yi2750 Merit Drive, Suite 1000 Tat. No. (972) 770-1300 Dallas, Texas 75251 FIRM # '10115500 Fax No. (972) 239-3520 Scale Drawn by chocked Date Protect-No., ra eatNo. Sheet_o._ 1" = 20W sU DAB OCT 2014 064465500 2 OF 2 &AWWG440644)5500•A)NNA ACCESS ESMT.DWG LAST SAVED 1002014 '0 24 PM EXHIBIT _ l �_ �% Sol _ = a rr_�.� �.-_� -� `••- 11 ;�y lit � _. .+D.ats7'aRtfi/L•h•-117 D•JIT"•w •.tiJ'74l.�J �..tr � 1 `\• 1 N \ Jam• . - . � _ t • t .I (I •� 1 i, CII LED 107.52ACRES / _ -- 0 SEMINOLE ANNATOM CENTER, LP. = 1 I I — _ J INST. NM 2006012WWiO0640 • ItP.R.GC.T. � ._ • .. _ . — �i_ J l • — � ._ — — ._ _ I — — 0II 7-11 Z.It It I- i211 WL - I II % _ 1= _ w• �+ _ �� � � � �4 •ter. _� • � • � 'w•i`•.i`�c � ._ C _� F• c��o.-��i: � 1 ,'�+ti_w������ �."^�r.�.,�"`.'..•-.....•mow,._ 1 • � _ --`�����•�'���`-��_�.�`'�--��'�'� -�. � � ` ..____ y _ � _. -' - - "'"'�� KIN PKO1ECf ualuornaxsaa/u ANNA, TEXAS SITEKim \/)) ue% r In aNNA,TExAs am" KrAff 0a0ASSO urEs M sw• 1••,a ECmiepHom ImSGN @NIOW 1 OF 2 IzrwuotffDAw =Te%ao4DAWAnussl "VOICK)c WA PROPERTY LOCATION EXHIBIT .-. -r.. �,.. Malewsrrassoo M,isnzgsam vlw.,a. Ila. ,,•=�-- "'•"'• DAYSv VMWI ILEY-NOWCou W-109 �pR ,,a CHIEF PARTNERS, LP -V Exhibit L Waiver of Sales Tay Confidentiality and Authorization for Release (name of company), a (type of company), holding Texas sales tax permit number hereby waives the right of sales tax information confidentiality as provided by Section 321.3022(f) of the Texas Tax Code and authorizes the Office of the Texas Comptroller of Public Accounts to provide any and all information, to the City Manager of the City of Anna, Texas related to sales and use taxes paid to the City and/or the City's development corporations on behalf of (name of company) for sales attributable to its location(s) in the City of Anna, Texas. (name of company) has furnished this Waiver of Sales Tax Confidentiality and Authorization for Release in connection with sales tax incentive agreements entered into by the City of Anna's development corporations that requires the submission of this information. This waiver shall be in effect until termination of said sales tax incentive agreements. EXECUTED on this day of 920 By: (name of company) (printed name and title)