HomeMy WebLinkAboutCDCpkt2017-02-02AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, February 2, 2017 @ 5:00 PM
COMMUNITY Anna City Hall, Council Chambers
DEVELOPMENT
CORPORATION 111 N. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation will conduct a meeting at 5:00 PM on
February 2, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
Call to Order, Roll Call and Estabilishment of Quorum
2. Invocation and Pledge
3. Consider/Discuss/Action regarding Michael Williams' resignation from the board.
4. Consider/Discuss/Action adopting a resolution approving a professional services
agreement procuring project management and real estate representation with
Funderburgh Real Estate for the Anna Business Park property.
5. CLOSED SESSION (EXECEPTIONS)
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel on matters in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial
information that the Board of Directors has received from a business
prospect that the Board of Directors seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the
Board is conducting economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a
business prospect described by subdivision (1). (Tex. Gov't Code
§551.087); discuss potential sales tax reimbursement agreement;
discuss potential use tax agreement.
6. Consider/Discuss/Action regarding minutes from the special meeting of November
22, 2016 and the regular meeting from January 5, 2017.
7. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m. on January 30, 2017.
Jessica Perkins, Chief Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in
this agenda. The Corporation reserves the right to retire into closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should
contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Community
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Community Development Corporation.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
CDC Agenda
Staff Report
Meeting Date: 2/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding Michael Williams' resignation from the board.
- T� IJiF-AlZ'A
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resignation Letter- M. Williams 1/26/2017 Backup Material
January 26, 2017
City of Anna
Jessica Perkins & EDC/CDC Board Members
111 North Powell Pkwy
Anna, TX 75409-0776
Dear Jessica and Fellow Board Members,
It is with regret that I inform you of my decision to resign my position on the Community Development
Corporation and Economic Development Corporation for the City of Anna, Texas, effective immediately.
My other commitments have become too great for me to be able to adequately fulfill the
responsibilities of my position on the Boards, and I feel it is best for me to make room for someone with
more available time and energy to devote to the Corporations.
1 greatly appreciate the opportunity and experience to serve the Anna community with such a great
team over the past 3 % years!
Best Regards,
Michael D. Williams
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
CDC Agenda
Staff Report
Meeting Date: 2/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action adopting a resolution approving a professional services
agreement procuring project management and real estate representation with
Funderburgh Real Estate for the Anna Business Park property.
SUMMARY:
The AEDC and ACDC jointly purchased an 85 acre tract of land generally located at
the NE corner of state highway 5 and the Collin County Outer Loop. The intent is to
develop the land into a business park. The corporation is in need of continued real
estate representation for prospect/tenant negotiations. Staff recommends that you
hire Funderburgh Real Estate. David acted as our real estate representative for the
land purchase, is familiar with the property and the project goals, and has met staff
expectations. Attached is a resolution and professional services agreement outlining
the details of the proposed scope of work and compensation.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Resolution CDC and Funderburgh
Bus. park proposed budget
Bus. Park Scope of Services
CDC Funderburgh Prof. Serv. Agreement
Upload Date
Type
1 /26/2017
Resolution
2/1 /2017
Backup Material
2/1 /2017
Backup Material
2/2/2017
Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING PROCUREMENT OF PROFESSIONAL SERVICES FOR PROJECT
MANAGEMENT AND REAL ESTATE REPRESENTATION
WHEREAS, the Anna Community Development Corporation (the "CDC") desires to
authorize their Chief Administrative Officer to procure the professional consulting
services of Funderburgh Real Estate Investments, Inc.; and
WHEREAS, the CDC has determined that the above -referenced services, further
described in Exhibit A, are in the best interests of the CDC and will promote Community
development and expanded business enterprise in the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Consulting Services Agreement
The Board of Directors of the Anna Community Development Corporation authorize the
Chief Administrative Officer to execute, on behalf of the CDC, subject to approval of
legal form by the CDC's legal counsel, a contract with Funderburgh Real Estate
Investments, Inc., as further described in Exhibit A, for professional consulting services
for project management and real estate representation, said authority to include
execution of all necessary documents to consummate the business relationship with
said consultant.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
ATTEST:
John Houcek, CDC President Sherilyn Godfrey, CDC Secretary
ANNA CDC RESOLUTION NO. PAGE 1 OF 1
Anna Business Park
ANNA, TEXAS
PRELIMINARY DEVELOPMENT BUDGET
Land Acquisition (Approx. 85.6 gross acres)
General Grading/Lot Clearing/Shaping (inc. w/ Street)
1100' Street and Storm Drainage Constn. (inc.15% conting.)
Water Line Consm. (inc. 15% conting./excludes Fire Hydrants)
Sanitary Sewer Line Constn. (inc. 15% conting.)
Off -Site Utility Extensions
Entry Monument Feature/Flagpoles
Entry Landscaping/Irrigation (Design/Build)
Direct Costs Subtotal:
Projected Cost
$ 2,810,000
$ -
$ 749,713
$ 248,000
$ 55,236
$ -
$ 30,000
$ 15,000
$ 3,907,949
Previously Funded
$ 2,810,000
$ -
$ -
$
$ -
$
$
$
$ 2,810,000
$
$
$
$
$
$
$
$
$
Balance
749,713
248,000
55,236
-
30,000
15,000
1,097,949
Indirect Costs
Architectural Layout Design Fees
$
10,000
$
$
10,000
Entry Monument Feature/Flagpoles Design Fees
$
5,000
$
-
$
5,000
Covenants, Conditions and Restrictions (CC&R's)
$
4,000
$
4,000
$
-
Marketing / Website / Promotional Materials
$
12,000
$
-
$
12,000
Civil Engineering Fees:
$
$
-
Off -Site Civil Design
$
$
-
$
-
Street and Storm Drainage Design
$
112,457
$
$
112,457
Water Line Design
$
30,093
$
-
$
30,093
Sanitary Sewer Design
$
11,047
$
-
$
11,047
Boundary, Topographic and Tree Surveys
$
12,000
$
12,000
$
-
Property Sales Commissions (Prospects' Representatives)
$
50,000
$
-
$
50,000
County Driveway Permit/Traffic Impact Analysis
$
-
$
-
$
-
Site Feasibility Study
$
36,500
$
36,500
$
Environmental Study
$
750
$
750
$
-
Geotechnical Analysis & Report
$
3,322
$
3,322
$
-
Test Laboratory
$
25,139
$
-
$
25,139
Title Policy Premium
$
-
$
$
-
Insurance Premiums
$
-
$
-
$
-
Legal Fees
$
-
$
-
$
Appraisal (for Lender) Fee
$
800
$
800
$
-
Roll Back Taxes (Not anticipated)
$
-
$
-
$
Bond Costs:
Discount Fees
$
42,532
$
42,532
$
Surety Policy Premium & Fees
$
17,181
$
17,181
$
-
Bond Financing Fees & Paying Agent Fee
$
80,287
$
80,287
$
-
Bond Debt Service Reserve Fund
$
199,000
$
-
$
199,000
Development Project Management 3%
$
140,000
$
$
140,000
Inspecting Consultant Fee (for Lender)
$
1,500
$
-
$
1,500
Misc. Land Closing Costs
$
404
$
404
$
-
Indirect Costs Subtotal:
$
794,012
$
197,776
$
596,236
Subtotal Development Costs:
$
4,701,961
$
3,007,776
$
1,694,185
Plus Project Contingency 3.00%
$
141,059
$
$
141,059
Total Estimated Project Cost. $ 4,843,020 $ 3,007,776 $ 1,835,244
•.I ILK:4-xelm MqI•
AEDC Due Diligence Payments Prior to Property Closing
$
103,372
$
103,372
$
AEDC Contribution
$
725,000
$
725,000
$
ACDC Contribution
$
375,000
$
375,000
$
Principal Amount of Bonds
$
1,850,000
$
1,850,000
$
Reimbursements from Park Users:
Kirby -Smith
$
1,012,309
$
$ 1,012,309
Total Funds Available: $ 4,065,681 $ 3,053,372 $ 1,012,309
Surplus/ (Shortfall): ($777,339) $45,596 (822,935)
FUNDERBURGH REALTY
Commercial Real Estate Services
2/l/2017
January 28, 2017
Jessica Perkins
Assistant to City Manager and Economic Development Officer
ANNA ECONOMIC DEVELOPMENT CORPORATION
I I I North Powell Parkway
Anna, Texas 75409
Re: Proposed Anna Business Park
Anna, Collin County, Texas
PROJECT MANAGEMENT AGREEMENT
Dear Jessica:
Thank you for the opportunity to continue to assist you with the development of your proposed
Anna Business Park property. We are grateful for your confidence in allowing us to pursue this
assignment.
Essentially, our role will be that as your Project Manager, to facilitate the real estate
development process, organize the activities of the various participants, anticipate scheduling
matters and guide the park to successful completion. As you have previously experienced, we
will bring matters to you and your board to make decisions; then we will implement and execute
at your direction.
In continuation of the assistance that we have been providing you, we will:
• Provide coordination with the various municipal, design, engineering and construction
professionals.
• Assist you in preparing budget and economic information/projections.
• Support the development process and remain proactive in offering value engineering
suggestions.
• Assist you and your legal counsel with negotiating anticipated property transfers/sales,
municipal platting and general real estate related documentation matters.
• Participate in the selection of consultants/vendors/contractors along with the evaluation
of bids/proposals received.
• Monitor construction progress and conduct periodic meetings with the contractor(s) and
related parties.
• Interface with you and your lender to facilitate an efficient construction draw process.
• Assist you in the marketing, negotiation and generating of proposals to attract and secure
new businesses for the park (first four [4] prospects).
• Periodically meet with and apprise the AEDC board of the project status.
January 28, 2017
Proposed Anna Business Park
c/o Jessica Perkins
The term of our engagement for these various services will be twenty-four (24) months from the
date this letter agreement is executed.
In consideration of these activities, our professional service fees (the "Fees") to assist you in this
process will be $140,000. If the scope of work significantly exceeds the description provided in
this agreement and as further detailed in the preliminary budget attached as Exhibit A, additional
compensation may be requested. At the time this letter agreement is executed we would like to
receive $7,000 of our Fees as a retainer. The remainder of our Fees will be earned and invoiced
in (i) January, 2018 ($66,500) with the (ii) final amount in January, 2019 ($66,500).
If the AEDC sells, assigns or otherwise transfers the Park, the AEDC will remain liable for any
outstanding earned yet unpaid Fees due to us pursuant to this agreement. The right to receive
earned but yet unpaid Fees shall inure to the benefit of any successors, assignees or beneficiaries
of our firm.
If the foregoing is consistent with your understanding of our agreement please execute one copy
of this letter returning same to the undersigned and retain a copy for your records. Again, we
sincerely appreciate your consideration in allowing us to be of service; it will be our privilege to
serve the AEDC and the City of Anna in these matters.
Very truly yours,
FUNDERBURGH REALTY CORPORATION
AGREED AND ACCEPTED:
Anna Economic Development Corporation
By:
It's:
Designated Officer
Date:
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this "Agreement") is entered into on the day of
, 2017, by and between the Anna Economic Development Corporation,
Texas, a Texas Type A development corporation, the Anna Community Development
Corporation, Texas, a Texas Type B development corporation, both with its principal office at
I I I North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called
"AEDC/ACDC" and "ACDC" and David D. Funderburgh Real Estate Investments, Inc., a Texas
corporation d/b/a Funderburgh Realty with its principal office at 9535 Forest Ln Ste 206, Dallas,
TX 75243, hereinafter called "Funderburgh."
The parties stipulate and recite that:
1. The AEDC/ACDC has acquired certain real property in the City of Anna, Collin County,
Texas, for development of a business park.
2. AEDC/ACDC, to carry out its intentions, desires to engage Funderburgh to conduct project
management and real estate negotiations on behalf of the AEDC/ACDC/ACDC in an effort to fill
the business park with tenants that align with the zoning restrictions.
For the reasons set forth above, and in consideration of the mutual promises of the parties pursuant
to this Agreement, the parties agree as follows:
Section 1. Services to Be Performed by Funderburgh
A. Extent of services. The AEDC/ACDC engages Funderburgh to perform the services described,
subject to all terms and conditions of this Agreement and further described in the attached Project
Management Agreement Exhibit A, and Funderburgh agrees to perform them. These services will
be limited to the parcel(s) for which Funderburgh receives written notice of authorization to
proceed with the performance of the negotiating services required under this Agreement. Subject
to reasonable advance notice Funderburgh agrees to make himself available to consult with the
AEDC/ACDC concerning any matters pertaining to the likelihood of a potential real estate
transactions that the AEDC/ACDC wishes to make. In connection with this, Funderburgh shall
undertake, on the basis of criteria supplied to it by the AEDC/ACDC, to use due diligence and
seek tenants to located in the business park, which meet zoning and CCR criteria. Funderburgh
agrees to negotiate on the AEDC/ACDC's behalf the transactions of any real property meeting
these requirements.
B. Confidentiality. To the greatest extent permitted by applicable law, at no time shall Funderburgh
disclose to any third party, including without limitation any owner of any parcel, other party who
may have an interest in each such parcel, or their respective agents, employees, servants, parent
companies, representatives, or any other person, firm, corporation, or other entity affiliated with
any of them, it being the intention of the AEDC/ACDC and Funderburgh to maintain the best
possible bargaining position for the AEDC/ACDC and it being agreed that nondisclosure of the
AEDC/ACDC's potential interest in any of the parcels referenced in this Agreement —whether
such parcel be specifically identified herein or as may later be designated as an additional parcel
AGREEMENT FOR PROFESSIONAL SERVICES Page I of 9
by the AEDC/ACDC—will best preserve said bargaining position. For those parcels that the
AEDC/ACDC desires to be handled confidentially, the AEDC/ACDC will work with Funderburgh
to mutually craft an appropriate public narrative describing the nature and intent of the purchasing
entity. Notwithstanding the foregoing, the AEDC/ACDC may waive this confidentiality provision
as to any given parcel by providing written notice to Funderburgh that it may disclose to third
parties that the AEDC/ACDC would be the ultimate purchaser of such parcel by assignment of the
purchase agreement as set forth in this Agreement. The AEDC/ACDC's decision for each parcel
regarding confidentiality will be provided to Funderburgh by a waiver/non-waiver declaration.
Section 3. Funderburgh's Compensation
Contemporaneous with the execution of this agreement, the AEDC/ACDC/ACDC will provide
Funderburgh with a retainer of $14,000 in consideration of the project management and
administrative processing that will be needed to assist with development of the business park. The
remainder of the compensation will be billed in January of 2018 and January of 2019. The total
compensation will not exceed $140,000.00.
Section 4. Termination
The respective duties and obligations of the parties hereto shall commence on the date first above
written, and shall terminate when AEDC/ACDC has successfully acquired a parcel or parcels
through purchase of fee simple title or has completely abandoned plans of doing so, or 18 months
after the date of execution of this agreement, whichever comes first. In the event of the breach by
Funderburgh of any obligation of Funderburgh under this Agreement, the AEDC/ACDC will have
the right, on written notice to Funderburgh, to terminate the services of Funderburgh that have not
been fully performed in accordance with this Agreement prior to such termination, without any
liability whatever of the AEDC/ACDC to Funderburgh except to pay for the services that
Funderburgh has fully performed in accordance with this Agreement; provided, however, that such
termination will not affect any rights that the AEDC/ACDC may have by reason of such breach
and the AEDC/ACDC may pursue all remedies that may be available under law or in equity. Such
termination will be on the day specified in such notice, which date will not be earlier than three
business days after the date of the notice.
Section 5. Time for Performance
Funderburgh will act as project manager of the business park property for a period of 2 years
beginning upon execution of this agreement.
Section 6. Representations and Covenants of Funderburgh
To induce the AEDC/ACDC to enter into this Agreement, Funderburgh represents to and
covenants with the AEDC/ACDC that:
A. Qualifications. Funderburgh is qualified to perform the negotiating services required by this
Agreement, and now is, and at all times while this Agreement is in effect will be, properly licensed
and permitted to perform services of such nature. All personnel who may be employed by
AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 9
Funderburgh to assist Funderburgh in the direct performance of such services also will be
qualified, licensed and permitted to perform such services, except personnel who perform only
clerical duties.
B. Facilities and personnel. Funderburgh has and will continue to have, while this Agreement is in
effect, adequate and proper facilities and qualified personnel to perform the services required.
Funderburgh will not permit any employee or other representative of Funderburgh to negotiate or
participate in the negotiation for a purchase agreement without the prior written approval of the
AEDC/ACDC.
C. Interest of Funderburgh in parcels. With respect to each parcel that may potentially be acquired
by the AEDC/ACDC under a purchase agreement described in Section 2.C. of this Agreement,
Funderburgh does not now have and will not voluntarily acquire, prior to its acquisition of any
such purchase agreement, any interest in any of the parcels, direct or indirect, whether of
ownership, or in a representative or business capacity, including, but not limited to, that of a real
estate agent or broker. Funderburgh does not have, to the best of Funderburgh's knowledge and
belief, any relationship to or with the owner of any parcel, or any interest in any of the above -
referenced parcels, whether by blood, marriage, business association, or transaction, and whether
such business association or transaction concerns any of the parcels, or any other property that in
any manner or to any extent is or would be in conflict with the performance of the services of
Funderburgh under this Agreement.
D. Interest of employees in parcels. Funderburgh will not knowingly employ, and will take all
reasonable precautions not to employ, any person in the performance of any of the services
required of Funderburgh who has or may hereafter have any relationship or property interest that
Funderburgh represents and agrees in Paragraph C of this section that Funderburgh does and will
not have. Funderburgh will take all reasonable steps to determine from time to time whether any
person so employed has any such relationship or interest.
E. Disclosure of conflict of interest. If Funderburgh at any time discovers, or is informed by the
AEDC/ACDC of the existence of, any possible conflict of interest on the part of Funderburgh or
any of Funderburgh's employees involved in the services required of Funderburgh by this
Agreement, Funderburgh will immediately cease all activity in connection with such services and
promptly notify the AEDC/ACDC in writing of all relevant facts and circumstances pertaining to
such conflict so that the AEDC/ACDC may take such action as it deems appropriate, including but
not limited to the exclusion of any parcel or parcels involved from this Agreement. Funderburgh
will not resume the performance of any services under this Agreement with respect to any such
parcel or parcels except as may be specifically authorized in a subsequent or amended written
notice by the AEDC/ACDC to Funderburgh.
Section 7. Miscellaneous
A. This Agreement is intended solely for the benefit of the AEDC/ACDC and Funderburgh and
does not confer any rights on any person or entity not a party to this Agreement, nor does it create
any third party beneficiaries to this Agreement.
AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 9
B. Any agreement, notice, correspondence, information and/or other documentation required
and/or referred to in this Agreement shall be in writing as provided by this Agreement.
C. Waiver by either party of any breach of this Agreement affecting such party, or the failure of
either party to enforce any of the provisions of this Agreement, shall not in any way affect, limit
or waive such party's right thereafter to enforce and compel strict compliance.
D. The parties acknowledge and agree that the performance by the AEDC/ACDC and Funderburgh
of their respective obligations under this Agreement constitute governmental functions.
E. No party shall be in default under the Agreement until written notice of the default has been
given to the defaulting party (which notice shall describe in reasonable detail the nature of the
default) and the defaulting party has been given ten (10) business days to cure said default. If a
party is in default under this Agreement, the non -defaulting party may, at its option, and without
prejudice to any other right under this Agreement, law, or equity, seek any relief available at law
or in equity, including but not limited to, an action under the Uniform Declaratory Judgment Act,
specific performance, mandamus and injunctive relief. Neither party shall have the right to
terminate this Agreement as a remedy for default or to suspend or be relieved of the party's
continuous performance of its obligations hereunder. Notwithstanding the foregoing, each party
agrees that if any threatened or actual breach of this Agreement arises, which reasonably
constitutes immediate, irreparable harm to the other party for which monetary damages is an
inadequate remedy, equitable remedies may be sought by the non -defaulting party, without
providing the notice stated above, and awarded in a court of competent jurisdiction without
requiring the non -defaulting party to post bond. Notwithstanding the foregoing or any other
provision of this Agreement, no notice of default and no period for curing such default shall be
required if the provision of such notice or cure period would in any way result in the
AEDC/ACDC's breach of a purchase agreement or jeopardize the AEDC/ACDC's ability to
acquire clear title to a parcel referenced in a notice to proceed under this Agreement. These
provisions are applicable only to the parcels identified herein that are subject to this agreement.
F. This Agreement constitutes the entire agreement between the parties and supersedes all prior
agreements, whether oral or written, covering the same subject matter. This Agreement may not
be modified or amended except in writing mutually agreed to and accepted by the parties.
G. This Agreement shall be construed in accordance with Texas law without regard to its conflict
of laws provisions.
H. Venue for any action arising hereunder shall be in Collin County, Texas.
I. Any notice or other communication required by this Agreement to be given, provided, or
delivered shall be in writing or electronic mail addressed as set forth below. Notices shall be
considered "given" for purposes of this Agreement: (a) if by Certified Mail, five (5) business days
after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by
private delivery service (e.g. FedEx or UPS), on the date delivered to the notice address as
evidenced by a receipt signed by any person at the notice address; or (c) if by electronic mail, on
the date received by the recipient as evidenced by the date stamp.
AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 9
To AEDC/ACDC:
AEDC/ACDC
Attn: Jessica Perkins
I I I N. Powell Parkway
Anna, Texas 75409
jperkins@annatexas.gov
With a mandatory copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway
Suite 205
Frisco, Texas 75034
cmccoy@wtmlaw.net
To Funderburgh:
Funderburgh Realty
9535 Forest Ln
Ste 206,
Dallas, TX 75243
FRCIOOO@aol.com
With a mandatory copy to:
The Law Office of Laura F. James, P.C.
6009 West Parker, Suite 149-263
Plano, Texas 75093
laurajameslaw@gmail.com
Each party has the right to change, from time to time, its notice addresses by giving at least ten
(10) business day's written notice to the other party. If any time period provided in this Agreement
ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business day
following such Sunday, Saturday, or legal holiday.
J. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b)
form the basis upon which the parties negotiated and entered into this Agreement; and (c) reflect
the final intent of the parties with regard to the subject matter of this Agreement. If it becomes
necessary to interpret any provision of this Agreement, the intent of the parties, as evidenced by
the recitals and provisions of this Agreement, shall be given full effect. The parties have relied, to
their material detriment, upon the recitals, representations and covenants stated in this Agreement
AGREEMENT FOR PROFESSIONAL SERVICES Page 5 of 9
as part of the consideration for entering into this Agreement and, but for same, would not have
entered into this Agreement.
K. This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. A facsimile signature will also be deemed
to constitute an original if properly executed.
L. The individuals executing this Agreement on behalf of the respective parties below represent to
each other that all appropriate and necessary action has been taken to authorize the individual who
is executing this Agreement to do so for and on behalf of the party for which their signature
appears, that there are no other parties or entities required to execute this Agreement in order for
the same to be an authorized and binding agreement on the party for whom the individual is signing
this Agreement and that each individual affixing their signature hereto is authorized to do so, and
such authorization is valid and effective on the Effective Date of this Agreement.
M. This Agreement is not assignable.
N. Each signatory represents this Agreement has been read by the party for which this Agreement
is executed and that such party has had the opportunity to confer with its counsel.
O. In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof, and this Agreement shall be
construed as is such invalid, illegal, or unenforceability provision had never been contained herein.
P. All warranties, representations and covenants made by one party to the other in this Agreement
or in any certificate or other instrument delivered by one party to the other under this Agreement
shall be considered to have been relied upon by the other party and will survive the satisfaction of
any fees under this Agreement, regardless of any investigation made.
Q. This Agreement shall be deemed drafted equally by the parties hereto. The language of all parts
of this Agreement shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against either party shall not apply.
The AEDC/ACDC and Funderburgh have executed this Agreement on the day and year first
above -written.
[Remainder of page left blank intentionally]
AGREEMENT FOR PROFESSIONAL SERVICES Page 6 of 9
ANNA ECONOMIC DEVELOPMENT CORPORATION
Constance Ann Stump, its President
Date:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared CONSTANCE
ANN STUMP, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; she acknowledged to me that she is the duly authorized representative
of and for the ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A
development corporation, and she executed the said instrument for the purposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this day of , 2017.
Notary Public in and for the State of Texas
My Commission Expires:
AGREEMENT FOR PROFESSIONAL SERVICES Page 7 of 9
ANNA COMMUNITY DEVELOPMENT CORPORATION
John Houcek, its President
Date:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared JOHN HOUCEK,
known to me to be one of the persons whose names are subscribed to the foregoing
instrument; she acknowledged to me that she is the duly authorized representative of and
for the ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B
development corporation, and she executed the said instrument for the purposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this day of , 2017.
Notary Public in and for the State of Texas
My Commission Expires:
AGREEMENT FOR PROFESSIONAL SERVICES Page 8 of 9
DAVID D. FUNDERBURGH REAL ESTATE INVESTMENTS, INC., A TEXAS
CORPORATION D/B/A FUNDERBURGH REALTY
David D. Funderburgh, its President
Date:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared David D.
Funderburgh, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me that he is the duly authorized representative
of and for DAVID D. FUNDERBURGH REAL ESTATE INVESTMENTS, INC., A TEXAS
CORPORATION D/B/A FUNDERBURGH REALTY, a Texas corporation, and he executed
the said instrument for the purposes and consideration therein expressed and in the capacity
therein stated.
Given under my hand and seal of office this day of 12017.
Notary Public in and for the State of Texas
My Commission Expires:
AGREEMENT FOR PROFESSIONAL SERVICES Page 9 of 9
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
CDC Agenda
Staff Report
Meeting Date: 2/2/2017
Staff Contact: Jessica
Perkins
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code
§551.087); discuss potential sales tax reimbursement agreement; discuss potential use
tax agreement.
SUMMARY:
STAFF RECOMMENDATION:
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
CDC Agenda
Staff Report
Meeting Date: 2/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding minutes from the special meeting of November 22,
2016 and the regular meeting from January 5, 2017.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
11-22-2016 Special CDC
1-5-2017 CDC Minutes
Upload Date Type
1 /31 /2017 Backup Material
2/2/2017 Backup Material
COMMUNITY
DEVELOPMENT
CORPORATION
SPECIAL
MEETING MINUTES
ANNA COMMUNITY DEVELOPMENT CORPORATION
November 22, 2016 at 7:00 p.m.'
ANNA CITY HALL ADMINISTRATION BUILDING,
111 N. POWELL PKWY., ANNA, TEXAS
The Anna Community Development Corporation ("CDC') of the City of Anna met
at 7:00 p.m.', on Tuesday, November 22, 2016, at the Anna City Hall
Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 7:23 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: Alonzo Tutson, Doug Herman, John Houcek, Brent
Thomas, Michael Williams, and Nate Pike were present.
Directors in Abstention: Connie Stump was absent.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins,
Chief Administrative Officer.
Guests: Rudy Segura, Bond Counsel
3. Invocation and Pledge.
John Houcek gave the invocation and led the group in the Pledge of Allegiance
4. Consider/Discuss/Action approving a resolution of the Anna Community
Development Corporation authorizing the issuance and sale of Sales Tax
Revenue Bonds by the Corporation; Affirming a Sales Tax Remittance
Agreement; and enacting other provisions relating to the subject.
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation
meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately
after the conclusion of the meeting of the Anna Economic Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to
attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior
to the meeting so that appropriate arrangements can be made.
11-22-2017 Special CDC Meeting — Page 1
The Anna Community Development Corporation (CDC) has negotiated the
purchase of an 85-acre tract of land generally located at the northeast corner of SH
and the Collin County Outer Loop. The Corporation intends to develop and market
the land as a Business Park to increase employment in Anna and diversify the tax
base. After reviewing financing options, the CDC and Anna Economic
Development Corporation (EDC) decided to jointly purchase the property. Both
corporations will use cash toward a down payment and the CDC will finance the
remainder of the purchase price with a bond.
The attached resolution authorizes the CDC to issue sales tax revenue bonds for
the purchase of the property. The aggregate principal amount of the Bonds will not
exceed $3,100,000.
5. Adjourn.
Nate Pike made a motion to adjourn the meeting. Brent Thomas seconded the
motion and the meeting adjourned at 7:52 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to
attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior
to the meeting so that appropriate arrangements can be made.
11-22-2017 Special CDC Meeting — Page 2
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
D VOMMUNITT Thursday, January 5, 2017
CORPORATION
The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00
p.m.', on Thursday, January 5 2017, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order, Roll Call and Establishment of Quorum.
Alonzo Tutson, Vice -President, called the meeting to order at 6:20 p.m. After roll call and
the declaration that a quorum was present, the floor was open for business.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Nate
Pike were present.
Directors in Abstention: John Houcek (ill), Doug Hermann and Michael
Williams were absent.
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins, Chief Administrative Officer; and Sherilyn Godfrey, secretary.
Speakers: Kevin Hall, President of Greater Anna Chamber of Commerce; and Phyllis
Jarrell, owner of Centric Planning, LLC, were present.
2. Invocation and Pledge.
N/A.
3. Consider/Discuss/Action approving a resolution for a sponsorship agreement with
the Greater Anna Chamber of Commerce.
Because of the general election held in November reallocated 1/4% more of the sales tax
revenue to the City and not knowing when the comptroller will make the change in the
allocation, all monies for funding the Greater Anna Chamber of Commerce was delayed.
On May 1st, GACC will be sponsoring their annual golf tournament and the 4th of July
celebration will be held at the Football Stadium with the CDC sponsoring the event in a
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
01-05-2017 Reg CDC Meeting — Page 1
monetary amount not to exceed $7,500.00. Nate Pike made a motion to adopt the
resolution and to authorize the Chief Administrative Officer to sign an Agreement with
GACC; and to charge CDC's line item in an amount not to exceed $3000.00 for the golf
tournament and $7500 for July 4t".. Connie Stump seconded the motion. Motion passed.
4. CLOSED SESSION (EXECEPTIONS):
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex. Gov't Code
§551.071).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the Board is conducting economic development negotiations;
or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); Simply Floor It.
Not Necessary.
5. Consider/Discuss/Action approving a resolution authorizing an Economic
Development Performance Agreement with Kirby - Smith Machinery, Inc. and KSMI
Properties, LLC.
Kirby -Smith Machinery, Inc. and KSMI Properties LLC (hereinafter, collectively, referred
to as "KSMI") is to become the first business located within the business park. In exchange
for a capital business incentive grant, KSMI will collectively invest $8M in a new facility,
machinery and equipment; create ten (10) new jobs within thirty-six (36) months; construct
a local commercial street within the business park; extend the sanitation line; and
reimburse the CDC for their portion of the water Iine.The City will approximately gain
$200,000 in local sales tax revenue.
Brent Thomas made a motion to adopt the resolution authorizing CDC to enter into a
business incentive grant with KSMI in accordance with a Capital Performance Agreement,
attached hereto as Exhibit 'A" and incorporated herein for all purposes; and to authorize
the CDC President to execute same on behalf of CDC, subject to the approval as to form
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
07-07-2016 Reg CDC Meeting — Page - 2
by legal counsel for CDC, final content by the Chief Administrative Officer and approval
by City Counsel. Connie Stump seconded the motion. Motion carried.
6. Consider/Discuss/Action adopting the minutes from November 3, 2016
Nate Pike made a motion to adopt the minutes as written. Brent Thomas seconded the
motion. Motion passed.
9. Adjourn.
Brent Thomas made a motion to adjourn the meeting. Nate Pike seconded the motion
and the meeting adjourned at 7:08 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
07-07-2016 Reg CDC Meeting — Page - 3