HomeMy WebLinkAboutCDCpkt2017-06-01AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, June 1, 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
June 1, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
1. Call to Order, Roll Call and Estabilishment of Quorum
2. Invocation and Pledge
3. Presentation and discussion regarding Xceligent, a property listing service.
4. Consider/Discuss/Action approving the addition of clarifying language to the PD
(Planned Development) for the Anna Business Park.
5. Consider/Discuss/Action regarding approving a resolution authorizing an
amendment to the Business Development Incentive Grant for Capital Investment
Performance Agreement with Kirby -Smith Machinery, I nc. and KSMI Properties,
LLC.
6. Discussion related to fiscal 2017-2018 budget.
7. Consider/Discuss/Action regarding minutes from the May 4, 2017 meeting.
8. 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 May 29, 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
AGENDAITEM:
Item No. 3.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
Presentation and discussion regarding Xceligent, a property listing service.
SUMMARY:
STAFF RECOMMENDATION:
6/1/2017
Jessica
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
CDC Agenda
Staff Report
Meeting Date: 6/1/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving the addition of clarifying language to the PD
(Planned Development) for the Anna Business Park.
SUMMARY:
The zoning change for the Anna Business Park to a PD/Planned Development was
approved by City Council on May 9, 2017. Prior to adoption the City's Planning Staff
suggested a minor language change to section C. Permitted Uses. Number A
previously read: "Office-showroom/warehouse" and now reads: "Office-showroom/warehouse
with equipment services and repair/leasing and retail sales allowed.
Staff wanted to make the board aware of this change and formally adopt the change
for our records.
STAFF RECOMMENDATION:
Staff recommends you approve. No resolution necessary.
ATTACHMENTS:
Description Upload Date Type
3ity Ordinance 5/31/2017 Backup Material
CITY OF ANNA, TEXAS
ORDINANCE NO. ��Aj "",)(J
ANNA BUSINESS PARK
"Planned Development- ("PD")
Northeast corner of Highway 5 and Collin County Outer Loop
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE
PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN
PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY
CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City') has previously adapted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full;
and
WHEREAS, said Property general located at the Northeast corner of Highway 5 and the Collin
County Outer Loop revising the existing "PD 323-2007" as amended to refine the Building
area requirements; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should
be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended
and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by
Ordinance E T'., -"rl�i �' 7 Page 1 of9
Anna Business Park Zoning
changing the zoning of the Property described in Exhibit A modifying the existing PD 323-
2007 as amended with revisions to the Building area requirements.
Planned Development —Anna Business Park
A. The property shall be zoned Planned Development (PD). Development within the planned
development district shall be governed by the following regulations and in accordance with
Section 30 (PD-Planned Development) of the City of Anna Zoning Ordinance.
B. Definitions:
1. LightlntensityManufacturing—Indoorassemblyandmanufacturingoffinishedproducts
or parts from previously prepared materials and parts. Fabrication may be used in limited
form to shape or define the final product, but shall not comprise the primary activity of
such operations.
2. Medium Intensity Manufacturing —Manufacturing of finished products and component
products or parts including the transportation, treatment or processing of materials or
substances, exclusive of basic industrial processing.
C.
Permitted Uses:
The
following listed uses
are allowed by
right or
by
specific use permit.
1. Uses allowed by Rieht
i. Bakery and confectionary, commercial
ii. Concrete, asphalt batching plant (temporary during onsite construction activity)
iii. Cosmetic Manufacture
iv. Electrical appliances, supplies and machinery, assembly or manufacture
v. Electronic products, assembly
vi. Electronic products, manufacturing
vii. Food products processing
viii. Furniture and upholstery manufacture
ix. General commercial plant
x. General manufacturing
A. Glass products manufacturing
xii. Laboratory, scientific or research
xiii. Office center
xiv. Office, professional or general administrative
xv. Office-showroom/warehouse with equipment service and repair/leasing and retail sales
allowed
xvi. Orthopedic or medial appliance manufacture
xvii. Sporting and athletic equipment manufacture
xviii. Storage/Wholesale Warehouse, light
xix. Tools or hardware manufacture
xx. Toys and novelty products manufacture
xxi. Light Intensity Manufacturing
2. Uses allowed by Specific Use Permit
i. Dairy products processing, manufacturing
Ordinance � ��. � ' Xis i Page 2 of 8
Anna Business Park Zoning
ii. Electrical substation
iii. Hospital (acute care)
iv. Heliport or helistop
v. Laboratory, medical or dental
A Commercial printing
vii. Radio, TV or microwave open, commercial (1) - (must comply with Section 34.03)
viii. Transit Station or turnaround
ix. Medium Intensity Manufacturing
D. Building Height and Area Regulations
i. Maximum Height —45 feet; up to 50 feet with approval by the Fire Chief
ii. Minimum Front Yard — 25 feet; 25 feet when the lot abuts or is across a street or alley
from property in a residential or commercial district.
iii. Minimum Side Yard (Interior Lot) — None
iv. Minimum Side Yard (Corner Lot) — 25 feet
v. Minimum Rear Yard— None; 25 feet when abutting a district requiring a rear yard.
vi. Minimum Lot Area-40,000square feet
vii. Minimum Lot Width-100feet
viii. Minimum Lot Depth —none
ix. Maximum Lot Coverage-50%; 70% with parking garage
E. Building Fayade and Design Requirements
All building facades shall conform to the following design and building material requirements:
In addition to window and door glazing,of all building facades shall consist of brick,
stoneI split face block, or precast concrete. A minimum of two of these materials shall be
used on the front and side facades.
Exposed aggregate stone or pebble textures shall not be used for precast concrete panels.
Precast concrete panels on all sides of the building shall be scored or seamed to provide a
repeating pattern.
Metal exterior walls are
prohibited.
Metal panels
may be used only as architectural accents,
awnings and canopies.
iv. Buildings shall be articulated at all entrances facing streets by a minimum of two offsets
(fapade articulations that extend outward from the building must be set back at some point
in a corresponding manner) in the fayade of a minimum 4 feet in depth. Each offset shall
extend a minimum of 20 feet in length. The elements used for articulation must extend to
the parapet of the building. Building entrances shall be covered by an awning or canopy.
Anna Business Park Zoning
Windows and/or glass shall not exceed 2076 reflectivity and shall comply with adopted
Building Code energy requirements.
vi. Parking garages shall utilize the same accent materials and colors as the main building.
E. Screening Requirements
L Loading docks and dock doors shall be screened from view of streets by solid masonry, tilt
wall or split face block wall. The Planning and Zoning Commission may approve a solid
landscape screen of irrigated shrubs a minimum of 6 feet in height at the time of planting and
reaching 10 feet in height within a few years as an alternative screening device.
All outdoor storage shall be screened with a minimum 8 foot tall screening wall.
iii. Dumpsters and compactors shall be screened in accordance with Section 40 of the City of
Anna Zoning Ordinance.
iv. Rooftop and ground -mounted mechanical units, generators and HVAC equipment must be
screened in accordance with Section 40 of the City of Anna Zoning Ordinance. The line of
sight for screening of rooftop mechanical units shall be measured at the property line and five
feet and five inches (5' S") from the ground.
G. Landscaping
i. Landscaping within the planned development shall comply with Part III-E (Landscape
Regulations) of the City of Anna Code of Ordinances.
H. Off -Street Parking and Loading Requirements
i. Off-street parking shall be provided in accordance with the specific uses as set forth in Section
38 of the City of Anna Code of Ordinances.
ii. The design and orientation of buildings) shall minimize the exposure of loading and trash
collection areas from adjacent streets and properties. No loading spaces shall face streets.
Loading areas must be screened as required by Section F i above. Overnight trailer and
shipping container storage is prohibited unless being actively loaded or unloaded. Only two
trailers or shipping containers may be stacked during loading and unloading.
Signage
i. Signs shall comply with the requirements of the City of Anna Sign Ordinance (as amended);
however, pole signs and window signs are prohibited.
Other Requirements:
The Thoroughfare Overlay (THOR) District shall apply as described to properties within the
Planned Development district within 500 feet of the Collin County Outer Loop and Powell
Parkway (SH 5), except as herein modified.
ii. Daily operations shall be fully enclosed, except that tanks containing gases or other materials
used in a manufacturing process may be installed outside in accordance with building and fire
codes.
Ordinance d "`C "1 - L- g � Page 4 of 9
Anna Business Park Zoning
PASSED by the City Council of the City of Anna, Texas this 9th day of May 2017.
ATTESTED: APPROVED.
��
Carrie L. Smith, City Secretary Mike Crist, Mayor
OF A
`,\`�u�unuiuigrrr
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01qu�Ij I iIIiI +O o
Ordinance �� r'i � " vZ� I �� Page 6 of 9
Anna Business Park Zoning
iii. Outdoor displays of new equipment for sale or lease is allowed.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein:
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable
and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance
shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or
inapplicability shall not affect any of the remaining words, sentences, paragraphs,
subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses,
phrases, or provisions. Further, all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are consistent and do not conflict with the
terms and provisions of this ordinance are hereby ratified to the extent of such consistency
and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of
this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such
conflict.
Section S. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance
as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation.
Each day a violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required bylaw, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
Anna Business Park Zoning
EXHIBIT A
LEGAL DESCRIPTION
BEING a portion of a tract of land located in the D.E.W. Babb Survey, Abstract Number
33, situated in Collin County, Texas and being a portion of a 361,545 acre tract of land
described by deed to Harlan Properties, Inc. recorded in Instrument No.
20121228001650300 of the Official Public Records of Collin County, Texas, and being
more particularly described by metes and bounds as follows;
BEGINNING at a'/ inch iron rod found for the northwest corner of said 361.545 acre
tract lying on the northerly edge of County Road No. 421 a gravel road, also lying on the
easterly line of a tract of land described by deed to Dallas Area Rapid Transit, recorded
in Colin County Clerks Document No. 2001-0078323 of the Official Public Records of
Collin County, Texas, the southwest corner of tract of land described by deed to 40
PGE, Itd., recorded in volume 5387, page, 468 of the Deed Records of Collin County,
Texas, also lying on the common line of said D.E.W. Babb Survey and the Grandison
Stark Survey, Abstract No. 789;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common line of said
Babb and Stark Survey, also along the common line of said 361.545 acre tract and said
40 PGE tract, a distance of 1743.74 feet to a 5/8 inch iron rod with cap stamped
"R.P.L.S. 5430" set for corner lying in the center of a 30 feet wide Sanitary Sewer
easement, recorded in Instrument No. 201504220000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior
of said 361.545 acre tract along
the center of said 30 feet
wide easement the following courses and distances:
South 11 degrees 33 minutes
57 seconds East, a
distance of
61.78 feet to a 5/84ch
iron rod with cap stamped "R.P.L.S.
5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a
distance of
1346.23 feet to a 5/8-inch
iron rod with cap stamped "R.P.L.S.
5430" set for
corner;
South 55 degrees 24 minutes
07 seconds East, a
distance of
316.51 feet to a 5/8-inch
iron rod with cap stamped "R.P.L.S.
5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet to a 5/84ch
iron rod with cap stamped "R.P.L.S. 5430" set lying on the north line of Collin County
Toll Road Authority tract recorded in Instrument No. 20110222000194360 of the Official
Public Records of Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north line of said
Collin County Toll Road tract, a distance of 2530.22 feet to a'/ inch iron rod with cap
stamped "R.P.L.S. 3700" found for the southwest corner of said 361,545 acre tract, also
lying on the east line of Collin County Toll Road Authority tract recoded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County, Texas;
THENCE North
00 degrees 44 minutes
35 seconds West,
along the east line of
last
mentioned Toll
Road tract, as distance
of 207.51 feet to a
5/8-inch iron rod with
cap
Ordinance 14 �� Page 7 of 9
Anna Business Park Zoning
stamped "R.P.L.S. 5430" set lying on the easterly line of the aforementioned Dallas
Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly line of said
Dallas Area Rapid Transit tract, a distance of 38.85 feet to a 5/8-inch iron rod with cap
stamped "R.P.L.S. 5430" set for the southwest corner of tract of land described by deed
to the City of Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south line of said
City of Anna tract, a distance of 67.89 feet to a'/2 inch iron rod with cap stamped
"R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along the south
line of said City of Anna tract, a distance of 224.62 feet to a 1/2-inch iron rod with cap
stamped "R.P.L.S. 3700" found for the southeast corner of the same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east line of said City
of Anna tract, a distance of 156.81 feet to a'/ inch iron rod found for the northeast
corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north line of said
City of Anna tract, a distance of 295.59 feet to a 5/8-inch iron rod cap stamped "R.P.L.S.
5430" set for the northwest corner of same, also lying on the easterly line of said Dallas
Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly line of said
Dallas Area Rapid Transit tract, a distance of 1495,06 feet to the POINT OF
BEGINNING contain 3,727,460 square Feet, or 85.571 acres of land.
Ordinance I ;�":.7�.-i� Page8of9
Anna Business Park Zoning
CF���� 41L
42 3
COLLIN COUN7CY OUTER LOOP
Ordinance ° (��= ;��1 � Page 9 of 9
Anna Business Park Zoning
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
CDC Agenda
Staff Report
Meeting Date: 6/1/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing an amendment
to the Business Development Incentive Grant for Capital Investment Performance
Agreement with Kirby -Smith Machinery, Inc. and KSMI Properties, LLC.
SUMMARY:
Earlier this year, the CDC board approved a Business Development Incentive Grant
for capital investment and job creation performance agreement with Kirby -Smith
Machinery, Inc. and KSM I Properties, LLC. As staff has worked on the plans for the
new KS facility in the Anna Business Park, it came to our attention that improvements
related to storm water management and the cost associated with construction of the
necessary infrastructure needed to manage storm water run-off was not addressed in
the original agreement. Therefore, an amendment outlining the needs related to storm
water management has been drafted and is the subject of the agenda item. The
amendment has been reviewed and signed by KS and KSMI properties.
STAFF RECOMMENDATION:
Staff recommends that you approve.
ATTACHMENTS:
Description
Resolution CDC KS amendment
Agreement Exhibit
Amendment Exhibit B
Upload Date Type
6/1 /2017 Resolution
6/1 /2017 Backup Material
6/1 /2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AN AMENDMENT TO A BUSINESS DEVELOPMENT INCENTIVE
GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT WITH KIRBY
SMITH MACHINERY, INC. AND KSMI PROPERTIES, LLC AND PREVIOUSLY
AUTHORIZED GRANT OF FUNDS UNDER SAID AGREEMENT
WHEREAS, the Anna Community Development Corporation (the "CDC") has approved
a grant of funds in support of a community development project that will create and
retain new primary jobs, as that term is defined under Texas Local Government Code
501.002, and that will result in new capital investment within the corporate limits of the
City of Anna, Texas ("City"); and
WHEREAS, the CDC has received a project proposal from and Kirby — Smith
Machinery, Inc. and KSMI Properties, LLC who has represented that it will create and
retain a significant number of new primary jobs and that will result in new capital
investment, all within the corporate limits of the City within a 36-month period (the
"Project") further detailed in the agreement attached hereto as Exhibit A ("the
Agreement"); and
WHEREAS, the CDC has determined that an amendment to the Agreement be made
regarding additional obligations by Kirby -Smith Machinery, Inc. and KSMI Properties,
LLC related to future storm water management as outlined in the attached Amendment
(Exhibit B); and
WHEREAS, the CDC has found that if successful the Project will promote new or
expanded business development;
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. Approval of Amendment to the Agreement
The CDC hereby approves the Amendment to the Business Development Incentive
Grant for Capital Investment Performance Agreement ("Amendment"), attached hereto
as EXHIBIT B, incorporated herein for all purposed, and authorizes the CDC President
to execute same on its behalf, subject to approval as to form by legal counsel for the
CDC, final content by the CDC Chief Administrative Officer, and approval by the City
Council.
ANNA CDC RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the Anna Community Development Corporation on this
day of 2017.
APPROVED:
Nathan Pike
President CDC
ATTEST:
Lauretta Blacketer
Secretary CDC
ANNA CDC RESOLUTION NO. PAGE 2 OF 2
Exhibit A
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT
PERFORMANCE AGREEMENT
This Business Development Incentive Grant for Capital Investment Performance
Agreement (this "Agreement") is made and entered into by and between the Anna
Community Development Corporation and Kirby — Smith Machinery, Inc. and KSMI
Properties, LLC (collectively, the "Company").
WITNESSETH:
WHEREAS, the Anna Community Development Corporation is willing to provide a grant
in the form of land for the use of the Company, provided that the Company meets
certain criteria relating to Capital Investments, and the creation and retention of at least
10 New Jobs consisting of Primary jobs as that term is defined in Texas Local
Government Code §501.002(12); and
WHEREAS, the Company is required to return all or a portion of the value of the grants
under this Agreement to the Anna Community Development Corporation if the
performance criteria under this Agreement are not materially met by the Company; and
WHEREAS, the Anna Community Development Corporation and the Company desire to
set forth their understanding and agreement as to the incentive grants, obligations of the
Company regarding Capital Investment, New Job creation and maintenance, and the
payment by the Company to the Anna Community Development Corporation under
certain circumstances as set forth in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto covenant and agree as follows:
Section 1. Recitals Incorporated.
The above -stated recitals are incorporated into this Agreement as if set forth in full and
constitute material representations by the Company and the Anna Community
Development Corporation to induce the other party to enter into this Agreement.
Section 2. Definitions.
'Capital Investment" means the Company's capital expenditure of at least $8,000,000 of
which approximately $1,500,000 will be invested in machinery and equipment, and
approximately $6,500,000 will be invested in the building of the Facility(ies).
"City" or "the City" means the City of Anna, Texas
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 1 OF 12
"Facilityor "Facilities" means the places) of business of the Company, including the
principal place of business and any other business locations, within the corporate limits
of the City.
rby-Smith Project" means the subject of this Agreement, which is the Company's
North Dallas retail equipment sales and leasing facility located within the corporate
limits of the City of Anna intended to result in the creation of at least 10 New Jobs at the
Facility(ies) and the Company's Obligation to Maintain and other duties it must perform
under this Agreement.
"New Job" means a Primary job, as that term is defined in Texas Local Government
Code §501.002(12), and includes only jobs that are new, permanent, and full-time
employment positions filled by individuals for an indefinite duration at the Facility for
which the standard fringe benefits are paid by the Company for the employee, and for
which the Company pays a minimum wage of at least $15/hr. Each New Job must
require a minimum of either: (1) 40 hours of an employee's time per week for the entire
normal year of the Company's operations, which "normal year" must consist of at least
52 weeks; or (2) 2,080 hours per year, subject to applicable federal or Texas state law
requiring the Company to grant an employee any type of leave or other time away from
the job.
"Obligation to Maintain" means the Company's contractual responsibility under this
Agreement to maintain at the Facility(ies)—beginning on the Performance Date and
ending ten years after the Start Date —the active and paid employment status of at least
one individual in each of the 10 New Job positions required to be created under this
Agreement, except that after any such individual's termination, resignation, or other
departure from active paid status, the Company shall have a reasonable period of time
(but in no event longer than 60 business days or a longer time period if necessary to
comply with the minimum requirements of the Family Medical Leave Act or other
applicable federal or Texas state law governing mandatory employee leave or time
away from the job) to fill the position with an active, paid employee.
'Performance Date" means the date that all 10 of the New Jobs required to be created
and filled under this Agreement have been created and filled and the Capital Investment
has been made in full as described in this Agreement.
'Start Date" means the date upon which the Company establishes and begins to
operate its business at the Facility after a Certificate of Occupancy has been issued
within the corporate limits of the City.
'Targets" mean the Company's obligation to meet the following two criteria: (1) invest
the entire amount of the Capital Investment in the Kirby -Smith Project; and (2) create
and fill at least 10 New Jobs at the Facility.
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 2 OF 12
"Work " means any and all Of the Company's efforts, pursuits, activities, and endeavors
performed or attempted and associated or in connection with or related to the Kirby -
Smith Project, including but not limited to all efforts, pursuits, activities, and endeavors
performed by its organizers, directors, officers, agents, employees, representatives,
contractors or any subcontractors.
Section 3. Incentive Grant and Consideration for Incentive Grant.
(a) The grant to be provided by the Anna Community Development Corporation
under this Agreement is approximately 7.012 acres of land generally located at
the Northeast Corner of State Highway 5 and the Collin County Outer Loop
defined in more detail in the attached Exhibit A (the "Property"), valued at $3 per
square foot for an estimated value of $914,760 (the "Property's Value"). The
Property must be used by the Company exclusively for placing the Kirby -Smith
Project into operation and maintaining the same at the Property location in
accordance with this Agreement.
(b) The
Anna Community Development
Corporation
will convey the Property to
KSMI
Properties, LLC for $10.00 good
and valuable
consideration;
(c) Within six (6) months subsequent to the conveyance of the Property to the KSMI
Properties, LLC, the Anna Community Development Corporation or its designee
will:
(i) Cause the City of Anna to make available domestic water service to
the Property including without limitation the requisite fire
hydrants/valves across the southern boundary line of the Property
to the eastern boundary line of the Property located in the center of
Clemmons Creek;
(ii) Work with the Company in platting of electrical and sanitary sewer
easements to serve the Property.
(d) In return for provision of the incentives to be provided to the Company under this
Agreement, the Company covenants and agrees to perform in accordance with
subsections (e) and (f), below, and as follows. Within twelve (12) months
subsequent to the conveyance of the Property to the Company, it shall:
(i) Reimburse the Anna Community Development Corporation for
design and construction costs associated with the domestic water
line and the requisite fire hydrants/valves across the southern
boundary line of the Property to the eastern boundary line located
in the center of Clemmons Creek;
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 3 OF 12
(ii) Provide a minimum 44 foot wide "local commercial" (additional
details attached) street with a 60 foot wide divided entry extending
from the Collin County Outer Loop north along the west boundary
line of the Property and terminating in a fire truck turnaround (all
together, the "Street"); and
(iii) Extend a sanitary sewer line and requisite manholes from the
center of Clemmons Creek to the western side of the Street;
Reference attached Exhibit 'L' illustrating the foregoing (i), (ii) and (iii) requirements.
(e) Within eighteen (18) months subsequent to the conveyance of the Property to the
Company, subject to site plan and other customary developmental approvals by
the City, the Company will construct or cause to be constructed a retail
equipment sales and leasing facility (with a gross area of not less than 20,000
square feet).
(f) Within thirty-six (36) months subsequent to the conveyance of the Property to the
Company, it shall have created a minimum of 10 New Jobs and will have
invested the Capital Investment in support of buildings and equipment for the
Kirby -Smith Project.
(g) This Agreement is subject to the duly authorized approval of the Company, the
Anna Community Development Corporation Board of Directors, and the City of
Anna City Council and absent said approvals this Agreement shall be null and
void notwithstanding any other provision or statement in this Agreement. After
the last of said approvals and the duly authorized approval of this Agreement by
the Company as evidenced by the properly notarized execution of this
Agreement by its President, this Agreement shall be in full force and effect (the
"Effective Date"). Notwithstanding this provision or any other provision of this
Agreement, the parties respective obligations under this Agreement are
conditioned and contingent upon the Anna Community Development
Corporation's acquisition of the Property on or before the 31 st day of December,
2016. If for any reason the Anna Community Development Corporation fails to
acquire the Property on or before said date, then, unless said Property
acquisition is extended by the Anna Community Development Corporation in its
sole and absolute discretion, this Agreement shall be null and void with neither
party having any rights or obligations under this Agreement.
(h) Within 30 days subsequent to the Effective Date, the Anna Community
Development Corporation and the Company shall enter into a Purchase and Sale
Agreement to convey the Property to the Company, said agreement to be
substantially in the form set forth in the attached Exhibit B.
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 4 OF 12
Section 4. Performance Date and Obligation to Maintain.
(a) Performance Date. The Company is responsible to ensure that the Performance
Date occurs —and the Targets that the Company must meet in connection with
said date are met —on or before the expiration of 36 months after the
conveyance of the Property to the Company.
(b) Obligation to Maintain. The Company must fulfill its Obligation to Maintain for ten
years after the Start Date.
Section 5. Payment Obligations of the Company and Other Remedies.
(a) Payment for Failure to Meet Targets., the Company must pay 100% of the
Property's Value, i.e., $914,760 (plus interest at the rate of 3% per annum
or the highest rate allowed by law, whichever is lower, with interest
accruing cumulatively on the total amount of Property's Value beginning on
the expiration of 36 months after the date of the closing of the sale of the
Property to the Company under this Agreement) if it fails to meet either of
the Targets within the 36-month period set forth in Section 4(a) of this
Agreement.
(b) Pavment after Performance Date. If the Company meets its Targets within
the 36-month period set forth in Section 4(a) of this Agreement, then the
Company shall only be obligated to pay the Property's Value, i.e., $914,760
(plus interest at the rate of 6% per annum or the highest rate allowed by
law, whichever is lower, with interest accruing cumulatively on the total
amount of the Property's Value beginning on the first date of the
Company's failure to meet its Obligation to Maintain) if it fails to meet its
Obligation to Maintain. If the Company fails to meet its Obligation to
Maintain, the amount to be paid will be determined by the date upon which
the failure to meet the Obligation to Maintain first occurs, according to the
schedule set forth below and made a part of this subsection.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 5 OF 12
First date of failure to meet
Percentage of $914,760
Obligation to Maintain
to be paid by Company
Anytime after the Performance Date, but before the expiration of 3
years after the Performance Date
100% +interest
Anytime between the expiration of 3 years after the Performance
Date, but before the expiration of 5 years after the Start Date
75%
Anytime between the expiration of 5 years after the Start Date, but
before the expiration of eight years after the Start Date
50%
Anytime between the expiration of eight years after the Start Date,
but before the expiration of nine years after the Start Date
25%
Anytime between the expiration of nine years after the Start Date,
but before the expiration of ten years after the Start Date
15%
Upon the expiration of ten years after the Start Date and at all
No payment obligation
times thereafter
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 6 OF 12
(d) Payment Dates. Any payments required under this Section 5 shall be due from
the Company to the Anna Community Development Corporation within ten
business days of the Determination Date, or within ten business days of the date
that the Anna Community Development Corporation or the City provides written
notice to the Company of its failure to meet the Obligation to Maintain or its
obligations with respect to the Performance Date.
(e) Remedies. In the event that the Company fails to timely pay any amounts due
under this Section 5 or if the Company otherwise materially breaches this
Agreement, the Company agrees that the Anna Community Development
Corporation or the City, on behalf of the Anna Community Development
Corporation, has the option to initiate legal action to collect all amounts not yet
paid and the value of all incentives, grants, and other benefits provided to the
Company under this Agreement. If legal action is initiated, Company agrees to
pay all fees, cost and expenses, including but not limited to attorneys' fees and
related expenses incurred by the Anna Community Development Corporation or
the City related to said collections and legal proceedings. The remedies stated in
this Agreement are cumulative of and do not limit any other remedies that the
Anna Community Development Corporation or the City may have at law or in
equity.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 7 OF 12
Section 6. Company Reporting.
The Company shall provide, at the Company's expense, detailed verification in form and
substance satisfactory to the Anna Community Development Corporation of the
Company's progress on the Targets, including but not limited to proof of its Capital
Investment in machinery, equipment, and construction of the Facility(ies) as required
under this Agreement, and, as applicable, the Company's Obligation to Maintain. Such
progress reports will be provided annually, starting at twelve months from the date that
the Company after conveyance of the property to the Company, but may be required
quarterly upon written request by the Anna Community Development Corporation or the
City, and at such other times as the Anna Community Development Corporation or the
City may require during the period of ten years from the Start Date. Without limiting the
scope or type of actions or inactions on the part of the Company that may result in a
material breach of this Agreement, the Company's failure to comply with this Section will
be considered a material breach of this Agreement.
Section 7. Notices.
(a) Any notices required or permitted under this Agreement shall be given in writing,
and shall be deemed to be received upon receipt or refusal after mailing of the
same via United States certified mail, postage fully pre -paid, return receipt
requested or by overnight courier (refusal shall mean return or certified mail not
accepted by the addressee):
If to the Company, to:
KIRBY-SMITH
P.O. Box 270300
Oklahoma City, OK 73137
If to the Anna Community Development Corporation, to:
Anna Community Development Corporation
Attention: Chief Administrative Officer
PO Box 776
Anna, Texas 75409
and with a copy to:
Clark McCoy
Wolfe, Tidwell &McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 8 OF 12
(b) Either party may change its addresses for notice by providing written notice of
same to the other party and to the City via the manner set forth in subsection (a),
above.
Section 8. Miscellaneous.
(a) Entire Agreement; Amendments. This Agreement constitutes the entire
agreement between the parties hereto as to the subject matter contained herein
and may not be amended or modified, except in writing signed by each of the
parties. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. Neither Party may
assign its rights and obligations under this Agreement without the prior written
consent of the other party which shall not be unreasonably withheld.
(b) Governing Law; Venue. This Agreement is made, and is intended to be
performed, in the corporate limits of the City and shall be construed and enforced
by local and state laws within the State of Texas. Jurisdiction, forum and venue
for any litigation arising out of, relating in any way to, or involving this Agreement
shall lie exclusively in a court in a state court of Collin County, Texas.
(c) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall be one and the
same instrument.
(d) Severability. If any provision of this Agreement is determined to be
unenforceable, then the remaining provisions of this Agreement shall, in the
discretion of the Anna Community Development Corporation, be voidable or
interpreted as in effect as if such unenforceable provision were not included
herein.
(e) Indemnification and Limitation of Liability. It is expressly understood and agreed
that the Anna Community Development Corporation has no right of control,
supervision, or direction over the Kirby -Smith Project or the Work nor does the
Anna Community Development Corporation have any control, supervision or
direction of the means, methods, sequences, procedures, and techniques utilized
to undertake and complete the Work. There shall be no joint control of the Kirby -
Smith Project or the Work. THE COMPANY AGREES TO FULLY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE CITY FROM ANY CLAIM,
PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER
COST OR EXPENSE ARISING OR GROWING OUT OF, ASSOCIATED OR IN
CONNECTION WITH THE KIRBY SMITH PROJECT OR THE WORK,
PROVIDED, HOWEVER, THAT THE COMPANY SHALL NOT BE REQUIRED
TO INDEMNIFY THE ANNA COMMUNITY DEVELOPMENT CORPORATION
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 9 OF 12
OR THE CITY FOR ANY DAMAGES OR OTHER AMOUNTS INCURRED BY
EITHER OF THEM FOR WHICH THE SOLE PROXIMATE CAUSE IS THE
NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION, THE CITY, OR THEIR
EMPLOYEES, OFFICERS, REPRESENTATIVES OR AGENTS. THE
COMPANY'S DUTY TO INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT
IS NOT LIMITED TO, ATTORNEY FEES AND RELATED EXPENSES
INCURRED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION
OR THE CITY IN DEFENDING THEMSELVES OR IN ENFORCING THIS
AGREEMENT. THIS PROVISION IS NOT INTENDED TO AND DOES NOT
WAIVE ANY OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION'S
OR THE CITY'S GOVERNMENTAL IMMUNITIES, INCLUDING WITHOUT
LIMITATION IMMUNITY FROM SUIT AND LIABILITY, THIS AGREEMENT IS
NOT INTENDED TO BENEFIT ANY THIRD PARTIES.
(1) Assignment or Sale. The Company may assign, sell, transfer or lease (including
through merger/acquisition transactions) all or any part of the Kirby -Smith
Project, the Company (via a sale of the Company's stock and/or assets, as
applicable) or this Agreement to another person or entity without any prior
approval of the Anna Community Development Corporation. In the event that the
Company assigns, sells, transfers or leases all or any part of the Kirby -Smith
Project or this Agreement to a separate entity or person, the assignment must
provide that the assignee shall assume all of the obligations of the Company
under this Agreement or the portion(s) of those obligations, as applicable, that
pertain to the part of the Kirby -Smith Project or this Agreement that is assigned
or sold.
(g) Reserved.
(h) Dissolution of Development Corporation. Should the Anna Community
Development Corporation become dissolved at any time before the expiration of
ten years after the Start Date, this Agreement shall inure in all ways to the benefit
of the City, and the City shall be deemed to replace the Anna Community
Development Corporation as the party who has contracted with the Company
under this Agreement. This Agreement shall never be interpreted to be a sale of
goods or services to the City.
(i) Undocumented Workers. In accordance with Chapter 2264 of the Texas
Government Code, the Company certifies that neither it, nor a branch, division, or
department of the Company, will ever knowingly employ an undocumented
worker and that if, after receiving any grant under this Agreement, the Company,
or a branch, division, or department of the Company, is convicted of a violation
under 8 U.S.C. §1324a(f), the Company shall pay the total amount of all grants or
the value thereof as stated in this Agreement theretofore received under this
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 10 OF 12
Agreement with interest at 10% per annum or the highest rate allowed by law,
whichever is lower, not later than the 120th day after the date the Anna
Community Development Corporation or the City notifies the Company in writing
of the violation.
(j) Real Estate Representation: The Company and Anna Community Development
Corporation warrant that they have no real estate representatives in connection
with this sale other than Funderburgh Realty (representing Seller) and that there
are no other individuals or entities entitled to participate in professional services
fees relative to this potential transaction.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
be effective on the date that is described in Section 3(g) [is this reference correct?] of
this Agreement.
Anna Community Development Corporation
By:
J n Houcek, its President
STATE OF TEXAS
COUNTY OF COLLIN
g`wAy,, Lauretta Kay Blacketer
1`�,�" My CommissionExPlras
�"1 04/01/2017
'oF
Before me, the undersigned notary public, on the L day of 2017,
personally appeared Constance Ann Stump known to me (or proved t e) to be Ihe person
whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same in her capacity as President of the Anna Community Development
Corporation and on behalf of the Anna Community Development Corporation.
o ry Public, State of Texas
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 11 OF 12
Kirby —Smith Machinery, Inc.
l
By:
resident
STATE OF OKLAHOMAT AS— §
COUNTY OF OKIAHOMAGOLLIN— §
Baron me, the untlerslg ed notary public, on the day of 201
personally appeared N• � • ',�-b � know me (or proved�ttoo morel a be h
person whose name fs subscribed to tha fo going instrument and acknowledged to me (hat he
executed tie samQln his Paoli ss PrQsidenFof Klrby�— Sry ery, Inc, and on behalf
of 12 (�'��y.ti'iT2 ,Ila"'tY(,u'�n.LYu.. i—
KSMI Propartles/,
lAfd± !S
STATE OF TEXAS / §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the,,. day of Yksar ,
personally appeared H. E, Kirby known to me (or proved to me) to be the perso hose r49 Is
subscribed to the foregoin (and acknowledged to executed the some In
hIs capacity as Manegin � MI Properties, LLC I d an beha,_ said entity.
BUSINESS DEVELOPMENTINCENTNE GRANT FOR CAPITAL INVESTMENTPERFORMANCE AGREEMENT
PAGE'IY OF 1R
Exhibit B
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL
INVESTMENT
PERFORMANCE AGREEMENT
This Amended Business Development Incentive Grant for Capital Investment
Performance Agreement (this "Amended Agreement") is made and entered into by and
between the Anna Community Development Corporation and Kirby — Smith Machinery,
Inc. and KSMI Properties, LLC (collectively, the "Company").
WITNESSETH:
WHEREAS, the Anna Community Development Corporation and the Company entered
into that certain Business Development Incentive Grant for Capital Investment
Performance Agreement (the "Agreement"), which, among other things provided for the
future transfer to the Company of real property currently owned by the Anna Community
Development Corporation and the Anna Economic Development Corporation to the
Company; and
WHEREAS, the Anna Community Development Corporation and the Company desire to
amend the Agreement under this Amended Agreement to restate certain dates and
deadlines, including but not limited to the dates related to the transfer of said real
property under the Real Estate Sales Contract to be entered into by and between the
parties and the Anna Economic Development Corporation; and
WHEREAS, the Parties intend to modify the Agreement only to the extent expressly set
forth in this Amended Agreement; and
WHEREAS, the Agreement in its original form and substance before the amendments
set forth in this Amended Agreement is attached as Exhibit 1; and
WHEREAS, capitalized terms in this Amended Agreement shall have the meanings set
forth in the Agreement;
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Amended Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto covenant and agree as follows:
Section 1. Recitals Incorporated.
The above -stated recitals are incorporated into this Amended Agreement as if set forth
in full and constitute material representations by the Company and the Anna Community
Development Corporation to induce the other party to enter into this Agreement.
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE
AGREEMENT
PAGE 1 OF 5
Exhibit B
Section 2. Effective Date.
The Effective Date of this Amended Agreement shall be the date that the last of
the following events have occurred: (1) the Anna Community Development Corporation
Board has duly resolved to enter into this Amended Agreement; (3) the Parties to this
Amended Agreement have duly executed this Amended Agreement; (4) the City of
Anna, Texas City Council ("City Council") has by duly adopted resolution approved of
this Amended Agreement.
Section 3. Amendment of Agreement Regarding Certain Deadlines.
(a) Under Section 3(c), 3(d), 3(e), 3(f), 4(a), and 6 of the Agreement, certain
performance deadline dates run from the date of the conveyance of the Property
to the Company. The parties desire that all such deadline dates be amended to
run from the Effective Date of this Amended Agreement rather than the date of
conveyance of the Property to the Company. All amendments to the Agreement
necessary to make said modifications shall be deemed to have occurred on the
Effective Date of this Amended Agreement.
(b) Section 3(h) of the Amended Agreement is deleted in its entirety and replaced
with the following:
"(h) Within 60 days of the Effective Date of this Amended Agreement, the
Anna Community Development Corporation and the Company shall enter
into a Real Estate Sales Contract to convey the Property to the
Company, said Real Estate Sales Contract to be substantially in the form
set forth in the attached Exhibit 2."
Section 4. Amendment of Agreement Regarding Additional Obligations for
Improvements
Section 3(d) is amended by adding the following new subsections:
(iii) Provide and install per plans approved by City: (1) a storm water
detention facility on southeastern corner of the Property; and (2)
underground storm water piping across the southern boundary line
of the Property extending to the west side of the Street;
(iv) Grant to the City an appropriately sized and routed easement in
perpetuity for said storm water piping across the Property; and
(v) Grant to the City an assignable and appropriately sized and routed
easement in perpetuity across the southern boundary line of the
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE
AGREEMENT
PAGE 2OF5
Exhibit B
Property for the provision of a natural gas line to be installed by
others.
Section 5. Amendment of Agreement Regarding Notice Address.
Under Section 7(a) of the Agreement regarding written notices to be provided
under the Agreement, the street address for Clark McCoy of Wolfe, Tidwell & McCoy, is
corrected to read as follows:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
Section 6. Miscellaneous.
(a) Entire Agreement; Amendments. All provisions of the Agreement that are not
modified by this Amended Agreement shall continue to 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. The
Agreement, as amended by this Amended Agreement, constitutes the sole
agreement between the Anna Community Development Corporation and the
Company. Any prior Agreements, promises, negotiations, or representations,
verbal or otherwise, not expressly stated in the Agreement, as amended by this
Amended Agreement, are of no force and effect.
(b) Governing Law; Venue. This Amended Agreement is made, and is intended to
be performed, in the corporate limits of the City and shall be construed and
enforced by local and state laws within the State of Texas. Jurisdiction, forum
and venue for any litigation arising out of, relating in any way to, or involving this
Amended Agreement shall lie exclusively in a court in a state court of Collin
County, Texas.
(c) Counterparts. This Amended Agreement may be executed in one or more
counterparts, each of which shall be an original, and all of which together shall be
one and the same instrument.
(d) Severability. If any provision of this Amended Agreement is determined to be
unenforceable, then the remaining provisions of this Amended Agreement shall,
in the discretion of the Anna Community Development Corporation, be voidable
or interpreted as in effect as if such unenforceable provision were not included
herein.
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE
AGREEMENT
PAGE 3 OF 5
Exhibit B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
be effective on the date that is described in Section 2 of this Agreement.
Anna Community Development Corporation
M
Nathan Pike, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2017,
personally appeared Constance Ann Stump known to me (or proved 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 the Anna Community Development
Corporation and on behalf of the Anna Community Development Corporation.
Notary Public, State of Texas
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE
AGREEMENT
PAGE 4 OF 5
Exhibit B
Kirby — Smith Machinery, Inc.
, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2017,
personally appeared known to me (or proved to me) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as President of Kirby — Smith Machinery, Inc. and on behalf
of
Notary Public, State of Texas
KSMI Properties, LLC
IN
H. E. Kirby, its Managing Member
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2017,
personally appeared H. E. Kirby known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same in
his capacity as Managing Member of KSMI Properties, LLC and on behalf of said entity.
Notary Public, State of Texas
AMENDED BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE
AGREEMENT
PAGE 5 OF 5
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDAITEM:
Discussion related to fiscal 2017-2018 budget.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 6.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
6/1/2017
Jessica
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDAITEM:
Item No. 7.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
Consider/Discuss/Action regarding minutes from the May 4, 2017 meeting.
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
6/1/2017
Jessica
Description Upload Date Type
CDC 5-4-2017 Minutes 5/25/2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
MINUTES
COMMUNITY
DEVELOPMENT
CORPORATION May 4,2017
The Community Development Corporation of the City of Anna met on the
above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5),
to consider the following items.
1.
Call to Order, Roll Call and Establishment of Quorum
Nate Pike, President, called the meeting to order at 5:13 pm. After roll call and
the declaration that a quorum was present, the floor was open for business.
Directors in -attendance: Alonzo Tutson, Brent Thomas, Nate Pike and
James Gurski.
Directors Absent: Connie Stump, Anthony Richardson and Doug Hermann
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins Chief Administrative Officer
2. Invocation and Pledge
Nate Pike gave the invocation and led the group in the Pledge of
Allegiance.
3. Consider/Discuss/Action approving a resolution authorizing a current fiscal
year (2016-2017) budget amendment. Motion made by Brent Thomas to
approve a resolution to amend the 2016-2017 budget seconded by James
Gurski. Motion Passed
4. Consider/Discuss/Action approving a resolution authorizing the expenditure
of funds for a commercial for sale/advertising sign for the Anna Business
Park property. Motion made by Nate Pike to approve a resolution to go
with Dave's and not to exceed $4500.00 for the sign. Motion was seconded
by Brent Thomas. Motion Passed.
5. Consider/Discuss/Action regarding minutes for April 6,2017. Motion
made to approve the minutes as written by James Gurski Seconded
by Alonzo Tutson. Motion Passed.
6. Adjourn. Motion made by Nate Pike to adjourn the meeting.
Seconded by Alonzo Tutson. Motion passed and meeting adjourned at
5:30 p.m.
APPROVED:
Nathan Pike, CDC President
ATTESTED:
Lauretta Blacketer, CDC Secretary