HomeMy WebLinkAboutCDCpkt2017-09-07AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, September 7, 2017 @ 5:00 PM
COMMUNITY Anna City Hall, Council Chambers
DEVELOPMENT
CORPORATION 111 N. Powell Parkway, Anna, Texas 75409
The Anna Economic Development Corporation will conduct a meeting at 5:00 PM on
September 7, 2017, at the Anna City Hall Administration Building, 111 N. Powell
Parkway, to consider the following items:
1. Call to Order, Roll Call and Establishment of Quorum
2. Invocation and Pledge
3. Citizen Comments
4. CLOSED SESSION (EXCEPTIONS)
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 personnel matters (Tex. Gov't
Code §551.074); appointment of Chief Administrative Officer
d. 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.
5. Consider/Discuss/Approve the job description for the Chief Administrative Officer.
6. Consider/Discuss/Action regarding passing a resolution authorizing an agreement
with the City of for city employee services for the position of Chief Administrative
Officer.
7. Consider/Discuss/Action regarding adopting a resolution approving the proposed
FY 2017-2018 budget and authorizing publication of the proposed budget.
8. Consider/Discuss/Action regarding approving a resolution authorizing the execution
and expenditure of funds for an annual sponsorship agreement with the Greater
Anna Chamber of Commerce.
9. Consider/Discuss/Action regarding approving a resolution authorizing
representatives to travel to the annual TEDC Conference in Houston, Texas from
October 18-20, 2017.
10. Consider/Discuss/Action regarding approving a resolution authorizing the execution
of a land sale contract with Kirby Smith for approximately 9 acres of land located in
the Anna Business Park located at the northeast corner of hwy. 5 and the Collin
County Outer Loop.
11. Discuss possible sponsorship of Anna ISD Homecoming. (Alonzo Tutson)
12. Consider/Discuss/Action approving minutes from the August 3, 2017 meeting.
13. 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 September 4, 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 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.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
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 personnel matters (Tex. Gov't Code §551.074);
appointment of Chief Administrative Officer
d. 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.
SUMMARY:
STAFF RECOMMENDATION:
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Approve the job description for the Chief Administrative Officer.
SUMMARY:
Staff is seeking approval of the job description for the Chief Administrative Officer.
Once approve and the budget passed by the board and city council, staff will be in a
position to begin advertising the job opening.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
:,OA-job des. 8/29/2017 Backup Material
JOB DESCRIPTION
CITY OF ANNA. TEXAS
POSITION: Chief Administrative Officer
DEPARTMENT: City Manager
REPORTS TO: Assistant to the City Manager
FLSA STATUS: Exempt
SALARY GRADE: 29 ($55,000)
Job description statements are intended to describe the general nature and level of work being performed by
employees assigned to this job title. They are not intended to be construed as an exhaustive list of all responsibilities,
duties and skills required.
JOB SUMMARY: Under general direction, is responsible for assisting in the planning,
implementation, and coordination of economic development programs and for providing
support for department operations. Provide staff and management support to the Anna
Economic and Community Development Corporations and their board members.
Good knowledge of economic development, planning and marketing principles; knowledge of
community and local geography; knowledge of city licensing and permitting procedures;
knowledge of city budgeting policies; knowledge of the principles and practices of Public
Administration; good knowledge of research methodology; good knowledge of local business and
industries; good knowledge of financial practices and procedures. Ability to plan, develop and
coordinate economic development programs; ability to prepare technical reports and materials;
ability to make oral presentations; ability to establish and maintain effective working
relationships with fellow employees, officials, businesses and the general public; ability to
maintain records and prepare reports.
ESSENTIAL JOB FUNCTIONS AND RESPONSIBILITIES: Essential duties and functions may include the
following. Must possess required knowledge skills, abilities and experience and to be able to explain and
demonstrate, with or without reasonable accommodations that the essential functions of the job can be
performed. Other related duties may be assigned.
• Provide professional support to the City's type A and type B economic development
corporations.
• In cooperation with the respective Boards of Directors plan, manage and oversee the
activities and operations of the City's economic development efforts.
• Develop and implement programs to retain and support existing businesses in the City.
• Identify and implement programs to attract new business investment and employment
in the City.
1
• Develop and nurture community relationships and organizational partnerships.
• Develop and maintain accurate data and resources necessary to support the goals and
objectives of the City's economic development corporations.
• Represents the EDC when necessary at various public events and broker/developer
events.
• Travel to attend meeting, conference and training.
• Regular and consistent attendance for the assigned work hours is essential.
• Perform other duties as assigned.
KNOWLEDGE, SKILLS AND ABILITIES
• Proficient skills to evaluate, audit, deduce, and/or assess data and/or information using
established criteria. Includes exercise of discretion in determining actual or probable
consequences, and in referencing such evaluation to identify and select alternatives.
• Ability to inform and guide others by applying principles of professional counseling in addressing
specific situations.
• Ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or
materials used in performing essential functions.
• Ability to utilize a variety of advisory and design data and information, such as the Texas Local
Government Code, Open Meetings/Records Act Handbook, the City Code of Ordinances, etc.
• Ability to perform addition, subtraction, multiplication, and division; ability to calculate decimals
and percentages; ability to utilize principles of fractions; ability to interpret graphs.
• Ability to apply principles of logical or synthesis functions. Ability to deal with several concrete
and abstract variables, and to analyze major problems that require complex planning for
interrelated activities that can span one or several work units.
• Ability to exercise the judgment, decisiveness and creativity required in situations involving the
evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that
which is clearly measurable or verifiable.
• Ability to make oral presentations.
• Knowledge of City and department management policies and procedures.
• Ability to work under deadlines and stressful situations.
• Ability to handle sensitive and confidential business and client information.
MINIMUM QUALIFICATIONS:
• Bachelor's degree in Public Administration, Business Administration, Planning, Economics or
related field.
• Two (2) years' experience in the municipal government administrative work involving tasks similar
to the duties described in this job description.
LICENSES AND CERTIFICATIONS:
• Possesses valid Texas Class "C" license when hired Valid Texas Driver's License. Must have
and maintain a good driving record in accordance with the driving standards as
established by the City of Anna. Must report all driving events to his/her supervisor within
24 hours.
PJ
WORK ENVIRONMENT/PHYSICAL REQUIREMENTS: The work environment and physical demands
described here are representative of those an employee encounters while performing the essential
functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
• Could be exposed to hostile or angry citizens and business owners.
• The work will primarily be in climate controlled office environment.
• Physical demands consist of sedentary elements, sitting for prolonged periods of time.
• Work performed may cause fatigue of eyes and other faculties because of fairly
continuous use of motor senses in the use of a personal computer
This job description is not an employment agreement, contract agreement or contract. Management
has the exclusive right to alter this job description at any time without notice.
EMPLOYEE ACKNOWLEDGEMENT: I acknowledge that I have received a copy of my job description and
will direct any questions to my supervisor or Human Resources.
Printed Name Signature Date
3
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding passing a resolution authorizing an agreement with
the City of for city employee services for the position of Chief Administrative Officer.
SUMMARY:
The City is asking the board to consider paying the full salary, benefits, and and
proportional overhead charges for the position of Chief Administrative Officer (CAO)
for the CDC. The CAO position would include the administration and day-to-day
responsibilities of the City's and CDC's economic development activities.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Employment Services Agreement
Res. Employment Services
Upload Date Type
8/29/2017 Backup Material
8/29/2017 Resolution
AGREEMENT FOR CITY EMPLOYEE SERVICES
THIS AGREEMENT FOR CITY EMPLOYEE SERVICES ("Agreement") is made by and
between the Anna Community Development Corporation ("CDC"), and the City of Anna,
Texas ("City").
Section 1. Purpose
In accordance with the Bylaws of the Anna Community Development Corporation, Art. III,
Sec. 7(b), and in exchange for services of City staff to be provided to the CDC, the CDC
will pay the City compensation for the services of a City employee, who shall dedicate
reasonable and necessary time and effort to accomplish the duties and responsibilities of
the CDC's Chief Administrative Officer ("CAO").
Section 2. CDC's Obligations
In accordance with the terms of this Agreement, CDC shall pay the annual salary,
benefits, and proportional overhead charges incurred by the City to fill the CAO position
with responsibilities that include the administration of the CDC's economic development
activities.
Section 3. City's Obligations
In accordance with the terms of this Agreement, the City agrees to fill the COA position
with a person who has the requisite skills and background to adequately perform the
duties of the CAO position. The City shall be responsible for administration of all
benefits and human resource matters related to the CAO position. The CAO shall be
employed solely by the City and the supervision and authority over the CAO is vested
solely in the City Manager.
Section 4. Hiring Procedure and Employment
The hiring committee shall consist of two CDC board members, the City Manager, and
other City employees designated by the City Manager. Upon vacancy of the CAO job
position, the position will be posted and applications processed in general conformance
with the City's hiring policies and practices. The City Manager may appoint an interim to
the CAO position during the vacancy.
The hiring committee will participate in the interviews of qualified applicants identified by
the City Manager. Once the interviews are completed, the hiring committee will review
any finalists with the CDC board of directors. After receiving input from the CDC board,
the hiring committee will make a formal nomination of a candidate. The City Manager
shall have final hiring authority. All aspects of the employment of the CAO—including
without limitation the termination of the CAO—shall be governed under the terms of the
City of Anna Home -Rule Charter and the City of Anna Personnel Policy Manual. If a
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3
CAO is terminated for any reason, the hiring procedure in this Agreement will be used to
fill the vacancy.
Section 5. Term and Termination
The initial term of this Agreement is from the date of execution of the parties until
September 30, 2018. This Agreement shall automatically renew on October 1 of each
subsequent year, unless one of the parties provides written notice to the other party on
or before June 30 of such year. Any such termination shall not take effect until 90 days
after said written notice has been provided in accordance with this Agreement.
Section 6. Amendment
This Agreement may not be amended except pursuant to a written instrument signed by
both parties.
Section 7. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to either party
or either party's officials, officers, agents or employees under Texas law. The provisions
of this paragraph are solely for the benefit of the parties hereto and are not intended to
create or grant any rights, contractual or otherwise, to any other person or entity,
including but not limited to the person designated as Chief Administrative Officer.
Section 8. Notice
To be effective, notice as required by this Agreement shall be in writing and delivered
via U.S. certified mail, return receipt requested, at the addresses listed below:
CDC
CDC President
Anna Community Development Corp
111 N. Powell Parkway
Anna, Texas 75409
City
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the mailing -
address information listed in this section.
Section 9. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be
contrary to the law, or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of this Agreement.
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3
Section 10. No Third -Party Beneficiaries
There shall be no third -party beneficiaries to this Agreement and this Agreement shall
not be interpreted to be a contract of employment with the CAO, whose position shall
always be a position of at -will employment.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between CDC and the
City regarding the subject matter of this Agreement and supersedes all prior
negotiations, representations and/or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both parties.
IN WITNESS WHEREOF, CDC and the City have executed this Agreement.
By:
Philip Sanders Nate Pike
City Manager CDC President
Date:
Attest:
Carrie L Smith, City Secretary
Date:
Attest:
Lauretta Blackter, CDC Secretary
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR EMPLOYEE SERVICES
FOR THE POSITION OF CHIEF ADMINISTRATIVE OFFICER
WHEREAS, the Anna Community Development Corporation (the "CDC"), has a need
for employee services; and
WHEREAS, the CDC desires to approve the attached agreement to formalize the
recruitment and hiring process for the needed employee services;
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. Authorization to Execute Agreement for Employee Services
The Board of Directors of the Anna Community Development Corporation approves the
Agreement for Employee Services (Exhibit A) considered this day and authorizes the
CDC President to execute, on its behalf, the agreement with the City of Anna.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nate Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting a resolution approving the proposed FY
2017-2018 budget and authorizing publication of the proposed budget.
SUMMARY:
Staff will present the fiscal year budget in detail during the meeting. However, the
attached budget has not deviated from previous draft versions. The attached budget
has been reviewed by council.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
res. fy 17-18 budget 7/31/2017 Resolution
exhibit CDC budget 7/31/2017 Backup Material
17-18 Publication Notice 8/1/2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
ADOPTING THE FY 2017-2018 FISCAL YEAR BUDGET
WHEREAS, to be effective October 1, 2017, the Anna Community Development
Corporation (the "CDC") and subject to approval of the City of Anna City Council, the
Board of directors of the CDC desires to approve and adopt the CDC budget for the
2017-18 fiscal year;
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. Adoption of Fiscal Year 2017-18 Budget
The CDC Board of Directors hereby approves adopting the Anna Community
Development Corporation 2017-2018 fiscal year budget as set forth in Exhibit A, attached
hereto and incorporated herein for all purposes as if set forth in full, subject to approval
by the City of Anna City Council.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nate Pike, CDC President
ATTEST:
Lauretta Blacketer, CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO PAGE 1 OF 1
CITY OF ANNA
FUND DEPARTMENT DIVISION
89 COMMUNITY DEVELOPMENT
CDC 89 825E 825
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6101 SALARIES
$0
$0
$0
$55,608
0.00%
6114 PAYROLL TAXES -CITY PART FICA
$0
$0
$0
$4,262
0.00%
6121 HEALTH INSURANCE
$0
$0
$0
$8,712
0.00%
6125 TMRS RETIREMENT
$0
$0
$0
$8,133
0.00%
6126 UNEMPLOYMENT
$0
$0
$0
$200
0.00%
6127 WORKERS COMPENSATION
$0
$0
$0
$140
0.00%
6129 MISCELLANEOUS PAYROLL
$0
$0
$0
$100
0.00%
PAYROLL $0 $0 $0 $77,155 0.00%
6208 OFFICE SUPPLIES
$12
$250
$250
$500
100.00%
basic needs
$250
$500
6209 OTHER SUPPLIES - MISC.
$18
$250
$150
$1,800
620.00%
meals, meetings supplies, or other
$150
$1,800
administrative items
6210 CLOTHING SUPPLIES
$0
$0
$0
$500
0.00%
new logo, new council members, new board
$0
$500
members etc.
6212 POSTAGE
$9
$50
$75
$100
100.00%
mailing bills, etc..
$75
$100
SUPPLIES
$39
$550
$475
$2,900
427.27%
6303 MAINT. AND REPAIR - BUILDINGS $0 $0 $0 $0 0.00%
repairs for building at 312 North Powell $0 $0
parkway
MAINTENANCE $0 $0 $0 $0 0.00%
6700 ECONOMIC DEVELOPMENT GRANT EXPENSE $0 $0 $0 $111,000 0.00%
Sales Tax Reimbursement Agreement with $0 $111,000
Chief Partners for Phase I of retail
development
6703 CONTRACT SERVICES $10,585 $17,500 $19,000 $89,400 410.86%
CITY OF ANNA
FUND DEPARTMENT DIVISION
89 COMMUNITY DEVELOPMENT
CDC 89 825E 825
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
CDC agreement with City Finance and
$2,000
$4,000
Accounting Services
CDC Cost Share of IT and McLain Budgeting
$500
$800
Software
Contract Services for First Southwest to file
$1,500
$1,500
the Continuing Disclosure for the CDC Bonds
Contract Services/Marketing/Retail
$13,000
$13,000
Assistance (budget amendment)
Office Space
$2,000
$4,000
Professional Services Agreement with
$0
$46,000
EDC/CDC for Chief Admin. Officer
Remove budget for office space. New
$0
($4,000)
Manager will be located at the EDC/CDC
building
Remove the professional services budget to
$0
($46,000)
reimburse the City for 1/2 of the Chief
Admin. Officer's salary
Retail Assistance Professional Services - D.
$0
$66,500
Funderburgh(2018)
budget amendment moved this to other
professional services (2017)
Xceligent - available properties program
$0
$3,600
6711 TRAVEL EXPENSE
$0
$250
$0
$5,800
2,220.00%
$0
$0
ICSC Dallas - 2 people
$0
$1,200
ICSC Las Vegas - 2 people
$0
$2,200
TEDC - annual training, conference
$0
$1,000
Travel expenses for CAD or Board Members -
$0
$1,400
Misc. extra person, car rental, other trainings
6721 EDUCATION AND TRAINING
$0
$250
$0
$3,100
1,140.00%
Conference Registration - ICSC, TEDC
$0
$2,600
250 TEDC pp
640 ICSC pp
400 ICSC dallas pp
Training -TEDC, other
$0
$500
training for a CDC related project or
$0
$0
organization such as TACDC (Texas
Association of Community Development
Corporations) or TEDC
6722 INSURANCE - PROPERTY AND LIABILITY
$0
$0
$0
$3,500
0.00%
Insurance 312 North Powell Parkway
$0
$0
Insurance for the Business park Property
$0
$3,500
6731PUBLIC NOTICES -ADVERTISING
$0
$200
$200
$300
50.00%
publish notices,
$200
$300
6735 PROMOTION EXPENSE $35,619 $34,800 $34,800 $57,000 63.79%
CITY OF ANNA
FUND DEPARTMENT DIVISION
89 COMMUNITY DEVELOPMENT
CDC 89 825E 825
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
Business Directory Map
$0
$0
GACC Banquet'
$0
$5,000
GACC Christmas
$3,000
$3,000
GACC Glowfest
$8,000
$16,000
GACC July 4th
$8,000
$15,000
Golf Tournament
$0
$3,000
North Star branding
$0
$0
Promotional Materials - Print Ads, other
$15,800
$15,000
sponsorship opportunities, magazines,
displays, billboards, etc.
6753 LEGAL EXPENSE
$7,820
$11,000
$10,000
$15,000
36.36%
Legal services
$10,000
$15,000
6755 AUDIT EXPENSE
$2,149
$2,500
$3,000
$3,000
20.00%
CPA services - audit, 990, 1099s
$3,000
$3,000
6756 ENGINEERING
$0
$0
$4,000
$15,000
0.00%
Engineering
$4,000
$15,000
6761 DUES, PUBLICATIONS, PERMITS AND LICENSES
$65
$250
$3,500
$1,350
440.00%
Professional Dues - ICSC - 50 pp (5) 250
$3,500
$1,350
TEDC - $550 (2) 1100
Permits - Business Park Plat and Zoning
Application/Permit fees (2017 amendment)
6782 CITY UTILITIES WATER/SEWER/TRASH
$0
$0
$0
$0
0.00%
City utilities - 312 North Powell Parkway
$0
$0
irrigation
6783 TELECOM
$0
$0
$0
$0
0.00%
6789 DEBT -SERVICE PRINCIPAL
$82,000
$133,000
$83,000
$204,000
53.38%
$0
$0
Bond Debit Series B - Slayter Creek Park
$15,000
$20,000
Phase II
Bond Debt Series A - Refinance of TLF Loan
$68,000
$69,000
Debt service on business park
$0
$115,000
6790 INTEREST EXPENSE
$56,327
$165,468
$98,698
$121,867
-26.35%
Bond Debit Series A Refinance of TLF loan
$2,081
$697
Debt service on business park
$44,229
$69,360
Series 2012 B 1.6 Million Note for Slayter
$52,388
$51,810
Creek Park
6799 OTHER SERVICES - MISC.
$80,600
$90,000
$90,000
$92,000
2.22%
$0
$0
Adjustment to increase for park maintenance
$30,000
$30,000
support
Cost Allocation pay a portion of the
$60,000
$62,000
personnel cost for the Park Superintendent
Salary
SERVICES $275,165 $455,218 $346,198 $722,317 58.67%
CITY OF ANNA
FUND DEPARTMENT DIVISION
89 COMMUNITY DEVELOPMENT
CDC 89 825E 825
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6912 BOND COST
$0
$0
$0
$0
0.00%
6921 BUILDINGS AND IMPROVEMENTS
$0
$0
$0
$0
0.00%
$0
$0
Misc Park Equipment or projects
$0
$0
6941 OTHER CAPITAL EXPENDITURES
$53,031
$80,232
$0
$0
-100.00%
Additional based upon sales tax estimate and
$0
$0
discussion with JP
Land purchase
$0
$0
park projects, land, or other park related site
$0
$0
improvements
CAPITAL EXPENDITURES
$53,031
$80,232
$0
$0
-100.00%
8900 OTHER FINANCING USE - DEBT REFUNDINGS
$0
$0
$0
$0
0.00%
9812 TRANSFERS OUT - GENERAL FUND
$0
$0
$0
$0
0.00%
OTHER USES OF FUNDS
$0
$0
$0
$0
0.00%
TOTAL 825
$328,234
$536,000
$346,673
$802,372
49.70%
CITY OF ANNA
FUND DEPARTMENT DIVISION
89 COMMUNITY DEVELOPMENT
CDC 89 825R 825
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
5225 SALES TAX REVENUE - GENERAL
$385,577
$375,000
$593,053
$822,615 119.36%
Based off Sales Tax Revenue budgeted for
$0
$0
City
Projected sales tax based on trend of 20%
$593,053
$822,615
above FY2016 for FY2017. FY2018 based on
an increase of 15% above estimated FY2017
5500 GRANT REVENUE
$0
$0
$0
$0 0.00%
5530 INTEREST REVENUE
$2,894
$2,500
$1,200
$1,800-28.00%
Est.
$0
$0
Interest
$1,200
$1,800
REVENUES
$388,471
$377,500
$594,253
$824,415
118.39%
5840 BOND PROCEEDS
Xfer from EDC for debt prat
$0
$0
$0
$0
$0
$0
0.00%
OTHER SOURCE OF FUNDS
$0
$0
$0
$0
0.00%
5999 REVOLVING LOAN REVENUE
Payments received from Image Vision
$0
$0
$0
$0
$0
$0
0.00%
OTHER SOURCES OF FUNDS
$0
$0
$0
$0
0.00%
TOTAL 825
$388,471
$377,500
$594,253
$824,415
118.39%
ANNA COMMUNITY DEVELOPMENT CORPORATION
NOTICE OF PROJECTS
NOTICE IS HEREBY GIVEN THAT the Anna Community Development Corporation (the "Corporation"), a
non-profit corporation created pursuant to the Development Corporation Act of 1979, Article 5190.6,
Vernon's Texas Civil Statues, Section 4B, and now operating under Texas Local Gov't Code, Chapter 505
(the "Act"), intends to make expenditures of funds for certain projects (the "Projects"). The Projects will be
financed and/or paid from the proceeds of sales tax revenue and other resources of the Corporation. The Projects
shall include: land and building improvements, equipment purchases, park facilities and improvements,
capital expenditures, targeted infrastructure, site improvements, promotional expenditures, engineering
and/or legal services, administrative personnel services, and other purposes permitted by law, in order to
provide improved community development and/or to promote new or expanded business enterprises for the
benefit of the public. The costs of the Projects are estimated not to exceed $825,000 including but not limited to
the specific projects or general types of projects set forth in the Anna Community Development Corporation's
2017-18 fiscal year budget.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the execution
and expenditure of funds for an annual sponsorship agreement with the Greater Anna
Chamber of Commerce.
SUMMARY:
The corporations have historically supported the annual events of the GACC. For the
past several years the Corporations have entered into a fiscal year agreement for
sponsorship of the GACC's annual events. The annual agreement has allowed for
better planning and budgeting. This year with the change in funding for the EDC due
to the sales tax reallocation, staff is recommending the CDC sponsor the full amount
that was previously shared with the EDC.
The total amount of sponsorship being requested at this time:
Glow Fest = $16,000
Christmas Parade=$3,000
Annual Banquet = $5,000
Golf Tournament = $3,000
July 4th Fireworks Display = $15,000
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Chamber Agreement 8/29/2017 Backup Material
Res. chamber agreement 8/29/2017 Resolution
Exhibit A
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018
THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made
by and between the Anna Community Development Corporation ("CDC"), and the
Greater Anna Chamber of Commerce, Inc. ("GACC") and entered into on this
day of , 2017.
Section 1. Summary
During the CDC's 2017-2018 fiscal year, the CDC hereby promises to make certain
payments to the GACC to sponsor certain GACC events that GACC promises will
promote the CDC and the growth and the development of the City. The amount of
each payment is specified under this Agreement for each corresponding GACC event.
Each payment is to be provided to the GACC prior to each event, but is contingent
upon GACC providing a letter of intent to organize and hold the corresponding event
and meet the corresponding benchmarks set forth herein, as well as to adequately
promote the CDC and the City.
Section 2. Definitions
For purposes of this Agreement, the following meanings shall apply:
(a) City shall mean the City of Anna, Texas.
(b) CDC shall mean the Anna Community Development Corporation, a Texas
nonprofit corporation.
(c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas
nonprofit corporation.
(d) Sponsor shall mean a person or corporation that pays or provides something of
value to the GACC in connection with a GACC event in exchange for GACC
providing promotional marketing or any other benefits associated with the GACC
event.
(e) Sponsorship Benefits shall mean at least that amount of sponsorship
designation, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, public relations benefits
and all other benefits listed in this Agreement and/or otherwise available that
would promote the CDC to an extent equal to or greater than any other Sponsor
of the GACC event in question. In other words, Sponsorship Benefits shall
provide the CDC with at least "equal billing" compared with any other Sponsor
and shall provide the highest level of promotional or other benefits made
available or provided to any other Sponsor, regardless of the amounts paid by
the CDC as compared with other Sponsor Designation includes and shall mean:
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 1 OF 9
Exhibit A
(1) the CDC shall be named as a Sponsor of the GACC event, that the CDC
may use the same designation in all GACC-approved advertising,
merchandising and promotions; and
(2) the CDC shall have first right of refusal as a Sponsor of any subsequent
events arising out of any of the GACC events in future years.
Section 3. General Requirements
3.01 Letter of Intent
The GACC agrees to provide to the CDC a letter of intent thirty (30) days prior to each
event and prior to the CDC's payment to GACC of any funds for such event. The letter
of intent will be drafted on a standard form attached as "Exhibit A", and incorporated
herein as if set forth in full. The letter of intent shall include a promise by the GACC to
organize and hold the specific event setting forth its purpose and goals including the
benchmark provisions set forth in this Agreement and shall constitute further binding
contractual responsibilities of the GACC to attain those benchmarks and adequately
promote the CDC. The letter of intent for any given event may set forth a different
amount requested to be paid by the CDC than the amount estimated for such event as
set forth in Section 4 of this Agreement.
3.02 Sponsorship Benefits
The GACC agrees to furnish all materials, equipment, tools and other items necessary
to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor
Designations, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, and all other public relations
and promotional benefits as further described in this Agreement under each specific
event.
Advertising in print and broadcast media includes the CDC's identification as Sponsor
on all print advertising secured promoting the GACC event. All such advertising shall
reference the CDC as: The City of Anna Community Development Corporation.
Marketing materials and opportunities, onsite signage and marketing, and public
relations benefits will be provided for under each specific event in this Agreement.
Section 4. GACC Events
The GACC and CDC anticipate CDC sponsorship of the following events and provides
specific terms of compensation, Sponsorship Benefits, goals and benchmarks to
gauge promotional impact:
4.01 Glowfest
Name/Purpose: Glowfest 2017, Community Fall Festival
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 2 OF 9
Exhibit A
Date, Time, Location of Event: All Day on Saturday, October at Slayter Creek
Park (and surrounding private property)
Estimated Compensation amount: $16,000.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor
in newspaper advertisement and article
Promotional Benchmark Requirements: GACC will provide approximate headcount of
attendees' and geographic locations where attendees reside.
4.02 2017 Christmas Parade and Winter Wonderfest
Name/Purpose: 2016 Christmas Parade and Winter Wonderfest - Community Festival
and Parade
Date, Time, Location of Event: All Day on Saturday, December , 2017, parade
route
Estimated Compensation amount: $3,000.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements: GACC will provide a count or list of float
participation.
4.03 Annual Banquet
Name/Purpose: 2018 Annual Banquet - Awards and appreciation banquet as well as
a promotional event for current and prospective businesses in our community.
Date, Time, Location of Event: 5:00pm — 11:00pm tentatively scheduled for Saturday,
February , 2018, Anna High School in Anna, TX
Estimated Compensation amount: $5,000.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at
the banquet; full -page advertisement placed on back of program; advertisement during
event including signage and in PowerPoint presentation
Promotional Benchmark Requirements: GACC will provide list of attendees
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 3 OF 9
Exhibit A
4.04 2017 Golf Tournament
Name/Purpose: 2018 Golf Tournament, Networking event for current GACC members
as well as a promotion to prospective new members and businesses
Date, Time, Location of Event: All Day tentatively scheduled for Monday, April ,
2018, Hurricane Creek Country Club
Estimated Compensation amount: $3,000.00
Sponsorship Obligations of GACC: Recognition as Title Sponsor in Program and on
signage the day of the event, opportunity to display promotional material, signage
placed on various holes
Promotional Benchmark Requirements: GACC will provide a list of players
4.05 Anna Fireworks Event
Name/Purpose: 2018 Anna Fireworks Event, Community Festival
Date, Time, Location of Event: 5:00pm — Conclusion of Fireworks, Tuesday, July 4,
2018 at Anna ISD Football Stadium
Estimated Compensation amount: $15,000.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on
pre -event banners; CDC Logo on registration form; listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements: GACC will provide and estimated number of
attendees
Section 5. Compensation
In consideration of the performance of GACC's obligations under this Agreement,
including the provision of Sponsorship Benefits described herein, the CDC agrees to
pay the GACC the total amount of compensation of $42,000 during the CDC's fiscal
year 2017-2018, subject to the conditions set forth in this Agreement. Before the CDC
shall have any obligation to make any payment to GACC with respect to any given
event described in Section 4 of this Agreement, the GACC must timely provide the
CDC with a letter of intent —signed by a GACC representative authorized to
contractually bind the GACC—as described in Section 3.01 of this Agreement and the
GACC must submit said letter of intent to the CDC before the applicable deadline for
such event as set forth in Section 4 of this Agreement. The total ($42,000) amount of
compensation shall be made in five separate payments with the amount of each
payment being determined by the CDC by electing one of the two following options
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 4 OF 9
Exhibit A
per GACC event: (1) the estimated compensation amount set forth in Section 4 of this
Agreement; or (2) a different amount requested by GACC that is set forth in the letter
of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A.
If the CDC decides to honor any GACC request for a different amount than what is set
forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter
the amount of payments it makes with respect to any remaining events so that its
overall compensation paid to the Chamber under this Agreement does not exceed
$42,000 during the CDC's 2017-2018 fiscal year. The GACC shall provide the CDC
with a written receipt.
Section 6. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for any of the GACC events and to fulfill this Agreement. The
GACC shall take all reasonable steps necessary to ensure that all state, federal, and
local permitting and licensing requirements are met at all times during all GACC
events. The GACC must comply with all federal and state laws, and local ordinances
while organizing and participating in the GACC events.
Section 7. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the CDC has no right of control,
supervision, or direction over any work performed by the GACC relating in any way to
the GACC's undertaking of any of its events (the "Work"), including but not limited to
its employees, agents, contractors, or its subcontractors, nor does the CDC have any
control, supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to complete any of the Work. There shall be no joint control over
the Work. The GACC agrees to fully defend, indemnify and hold harmless the
CDC 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 Work. The indemnification includes, but is not limited to, attorney fees
incurred by the CDC in defending itself or in enforcing this Agreement. By
entering into this Agreement, GACC waives all rights and remedies in law or in equity
except to seek enforcement of specific performance, without any right to
reimbursement of costs or attorney fees, of the obligations under this Agreement. This
provision is not intended to and does not waive any of the CDC's governmental
immunities, including immunity from suit and liability.
Section 8. Insurance
GACC shall procure and maintain for the duration of this Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in
conjunction with the performance of the Work or in any way related to the GACC's
undertakings performed in connection with the GACC events, including but not limited
to coverage for GACC, its agents, representatives, employees, contractors, or
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 5 OF 9
Exhibit A
subcontractors. The form and limits of such insurance, together with the underwriter
thereof in each case, must be acceptable to the CDC but regardless of such
acceptance it shall be the responsibility of the GACC to maintain adequate insurance
coverage at all times. Failure of the GACC to maintain adequate coverage shall not
relieve the GACC of any contractual responsibility or obligation. Each policy shall
provide that there will be no alteration or modification which reduces coverage in any
way prior to 30 days written notice being given to the CDC. A copy of each policy, or
at the CDC's discretion, a certificate of insurance, shall be filed with the CDC
Secretary.
Section 9. Default
9.01 Events of Default
The occurrence, at any time during the term of the Agreement, of any one or more of
the following events, shall constitute an Event of Default under this Agreement:
(a) the failure of GACC to timely provide the CDC with a properly executed letter of
intent in accordance with the terms of this Agreement prior to each event;
(b) the failure of the GACC event to occur on the scheduled date, or —if the event
cannot occur on the originally scheduled date due to inclement weather —the failure of
the GACC event to be rescheduled and occur in accordance with Section 18 of this
Agreement;
(c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated
in this Agreement for each event;
(d) the failure of GACC to meet each promotional benchmark requirement;
(e) the failure of the CDC to pay the GACC according to the compensation terms of
each event when such payment may become due; and
(f) the CDC's or GACC's breach or violation of any of the material terms, covenants,
representations or warranties contained herein or GACC's failure to perform any
material obligation contained herein.
9.02 Uncured Events of Default
Upon the occurrence of an Event of Default by CDC that can be cured by the
immediate payment of money to GACC, CDC shall have 10 calendar days from
receipt of written notice from GACC of an occurrence of such Event of Default to cure
same before GACC may exercise any of its remedies as set forth in this Agreement.
Upon the occurrence of an Event of Default by GACC that does not include the failure
to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 6 OF 9
Exhibit A
calendar days from receipt of written notice from CDC of an occurrence of such Event
of Default to cure same, or, if same cannot be effectively cured within 10 calendar
days and fully and effectively provide CDC with the Sponsorship Benefits, the default
may be cured by refunding CDC's entire sponsorship fee, unless such Event of
Default creates or contributes to an emergency situation in which injury to persons or
property reasonably appears imminent, in which case CDC is immediately entitled to
exercise or seek all rights available to it at law or in equity. If with respect to any given
event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a
deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full
refund of any amounts paid by the CDC to GACC for such event.
Section 10. Amendment; Termination
This Agreement may not be amended except pursuant to a written instrument signed
by both parties. This Agreement shall terminate once both parties shall have
completed performance of their respective obligations hereunder.
Section 11. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via
postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed
below:
CDC
GACC
CDC President GACC Director
Anna Community Development Corporation Greater Anna Chamber of Commerce
111 N. Powell Parkway 218 W. 4th Street, Suite C
Anna, Texas 75409 Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the address
information listed in this section.
Section 12. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the CDC
under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 13. Entire Agreement
This Agreement represents the entire and integrated Agreement between CDC and
GACC and supersedes all prior negotiations, representations and/or agreements,
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 7 OF 9
Exhibit A
either written or oral. This Agreement may be amended only by written instrument
signed by both parties.
Section 14. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas, Sherman
Division.
Section 15. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and effect
of the law, such decisions shall not affect the remaining portions of this Agreement.
Section 16. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event
of any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute. Time is of
the essence with respect to the deadlines set forth in this Agreement.
Section 17. Force Majeure
If a party is prevented or delayed from performing any of its obligations hereunder due
to a natural or manmade event or condition not caused by such party and beyond
such party's reasonable control, then such party's performance of those obligations
shall be suspended until such time as the event or condition no longer prevents or
delays performance. If any event or condition results in the creation of amounts of
refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection of those excess amounts.
Section 18. Inclement Weather
If the GACC cannot reasonably proceed with an event due to inclement weather, then
the GACC shall reschedule the event so that it occurs in reasonably close temporal
proximity to the original date scheduled for the event. A failure to so reschedule and
hold the event is a material breach of this Agreement.
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 8 OF 9
Exhibit A
Section 19. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of the
rights and duties under the terms of this Agreement without the prior written approval of
the CDC.
Section 20. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance
of such Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, CDC and GACC have executed this Agreement.
IN
Kevin Hall Nate Pike
Greater Anna Chamber of Commerce CDC President
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017-2018 PAGE 9 OF 9
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT
WITH THE GREATER ANNA CHAMBER OF COMMERCE
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds in support the efforts of the Chamber; and
WHEREAS, the CDC believes that funding the Chamber is a necessary promotional
expense for the CDC and the Anna community; and
WHEREAS, the CDC intends that said funds be used solely for the events outlined in
Exhibit A, insurance coverage, and permits necessary for the events; and
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 Agreement
The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with
Greater Anna Chamber of Commerce attached hereto as EXHIBIT A.
Section 3. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
promotional account in accordance with the procedures outlined in EXHIBIT A.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nate Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 9.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing representatives
to travel to the annual TEDC Conference in Houston, Texas from October 18-20,
2017.
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
,'EDC Sample Agenda
Res. TEDC travel
Upload Date
8/29/2017
8/29/2017
Type
Backup Material
Resolution
TEDC 2Z017 Annual Conference
October 118-20aol'7
JW Marriott, Houston, Texas
"Economic Resilience Through Innovation"
Please note that this Agenda is a DRAFT and subject to change as sessions and speakers are confirmed.
Wednesday, October 18, aor7
8:oo AM Annual Golf Tournament - Wildcat Golf Club, Houston, TX
-Separate Registration Required
u:oo AM Registration Open — 2nd Floor
ii:oo AM - 7:00 PM Exhibit Hall - Lamar and Ballroom yer `
u:oo AM — 12,:00 PM Executive Committee Meeting
12:45 — 1:00 PM Welcome & Opening Remarks - Salon B
Fred Welch, 2017 TEDC Board Chair and Executive Director, Greater Conroe
Economic Development Council
1:00 — 2:30 PM Biotech, Healthcare and R&D - Salon B
Moderator: Tom Kowalski, President, Texas Healthcare and Bioscience
Institute
Panelists: Ann Tanabe, CEO, Bio Houston, Inc.; TBD
2:30 - 2:45 PM Networking Break Awl"'d Ballroom Foyer
2:45 - 3:45 PM Innovate Like Apple: Disrupting Economic Development Through
Leadership, Technology and Grit - Salon B
Guillermo Mazier, CEO, Atlas Insight
With a constant focus on cost-cutting, efficiency gains, and bureaucratic control, EDOs
are feeling constant pressure to keep their communities in the spotlight, and economic
developers can find themselves in an escalating battle to maintain their competitive edge.
This session will delve into how economic developers and leaders can innovate like
Apple.
Creating a Lead Generation Strategy Using Metrics - Travis/Bexar
Steve Jast, President, ROI Research on Investment, Montreal, QB, Canada
3:45 - 4:45 PM Economic Impact of the Super Bowl - Salon B
Bob Pertierra, Senior Vice President -Chief Economic Development Officer,
Greater Houston Partnership
3:45 - 4:45 PM Data Is Good But Insights Are Better: How technology is being harnessed by
economic developers to drive local business growth - Travis/Bexar
Dave Parsell, Co-founder and CEO, Localintel, Alberta, Canada
In this session, you will learn what small businesses need from economic development
professionals to start, expand and thrive; insights and why they matter; how innovative
communities are using next -generation technology; and the latest advances in big data
and artificial intelligence that will help economic developers support local businesses.
4:45 — 5:00 PM
5:00 — 6:0o PM
6:00 — 7:00 PM
7:00 PM
Networking Break - Lamar and Ballroom Foyer
Texas Marketing - Salon B 10
Robert Allen, President & CEO, TexasOne
Lorie Vincent, Executive Director, Team Texas
Exhibitor Reception - Lar
TEDC Supper Club (offsii
Thursday, October ig, Zoi7
8:0o AM — 5:00 PM
7:30 — 8:3o AM
8:00 — 9:0o AM
Exhibit Hall - Lamar NB
Breakfast - Lamar and
General Session - Salon B & C
Chris Tomlinson, Author, Filmmaker and Journalist
9:00 - io:oo AM Peer Group Roundtable: How fo Attract Biotech and Medical to Your
Community - Navarro/Hidalgo/Harris
Moderator: Fred Welch, Greater Conroe Economic Development Council
Panelists: Tom Long, San Antonio Economic Development Foundation;
Scott Connell, City of Irving; Charisse Bodish, Greater Austin Chamber of
Commerce
10:00 —10:15 AM Networking Break - Lamar and Ballroom Foyer
10:15 - 11:15 AM Bricks & Mortar Retail is Not Dead - Only Evolving - Salon A
Aaron Farmer, Senior Vice President, The Retail Coach, Tupelo, MS
The presentation will focus not only on the current environment but what communities
may expect over the next few years with emphasis placed on independent business
retention and growth, the need for entrepreneurism; and, how to navigate the changing
retail environment.
10:15 - 11:15 AM Foreign Direct Investment Trends and How to Make Your Region a
Destination for International Investment - Travis/Bexar
Mary Hebert, Senior Vice President for North America, WAVETEQ,
Scottsdale, AZ
Investment and Foreign Direct Investment (FDI) are widely considered to be fueling
economic growth. Through the transfer of capital, knowledge and management
techniques, and the creation of jobs; investment has large spillover effects. In this session
you will gain insight into how FDI can be maximized for inclusive and sustainable
development, and how governments and EDOs can shape their investment promotion
policies and investment laws to attract more impact -oriented FDI.
11:15 - 11:3o AM Networking Break - Lamar and Ballroom Foyer
11:30 - 1:15 PM Award Luncheon and Keynote - SalonAC
Keynote: Economic Update
Ray Perryman, Ph.D., The Perryman Group, Waco, TX
Presentation of the 2017 Community Economic Development Awards
1:15 -1:30 PM Networking Break
1:30 - 5:15 PM PAC Silent Auction Open - Sam Houston
1:30 - 2:30 PM The Economic Development Profession - What about me? - Salon A
Todd Jorgenson, Managing Director and Principal, Jorgenson Consulting,
Greensboro, NC
In this presentation, you will learn how to make the most of your job and profession as an
economic developer.
EPIcenter: Innovation Hub for New Energy - Travis/Bexar
Jill Vassar, Director of Development and Partnerships, EPIcenter, San
Antonio, TX
The EPIcenter's $74 million project, converted from a ioo-year old power plant, which will
house a think tank, incubator, fabrication laboratory, exhibit space and conference
center. The center will focus on new energy technology; innovation; education and
community engagement; and, entrepreneurial incubation and ideation.
2:30 - 3:30 PM A Blueprint for Designing Impactful Talent Recruitment - Salon B & C
Janet Ady, President & CEO, Ady Advantage, Madison, WI
The "talent issue" is as complex as they come. It is pervasive, and it has been a long time
in the making. In her presentation, Janet Ady will share what she and her team at Ady
Advantage have been seeing in terms of talent trends. She will also present a menu of
successful strategies that a broad range of areas have developed, and articulate a realistic
path for addressing talent issues.
3:30 - 3:45 PM Networking Break - Lamar and Ballroom Foyer
3:45 - 4:45 PM Walmart's Effort to Bring Manufacturing Jobs Back to the United States -
Salon B & C
Joseph Quinn, Senior Director of Issue Management and Strategic Outreach,
Walmart
5:00 PM
4:45 - 5:15 PM
5:00 - 5:30 PM
5:30 - 7:00 PM
Mr. Quinn will present Walmart's $25o billion initiative to buy U.S. made products, as
well as information on U.S. jobs and the manufacturing sector. He will also share
strategies for how local manufacturers can become a future supplier to Walmart.
The Economic Development Academy - Travis/Bex4
Neal Wade, University of Alabama; James Roach xas Christian University
Exhibit Hall Closes - Lamar and Ballroom F ere
Silent Auction Final Bids - Sam Houston
New Member Orientat
Networking Reception
Friday, October ao, Zoi7
7:30 - 8:3o AM
8:oo - 9:oo AM
9:oo - io:oo AM
10:00 -10:15 AM
10:15 - 11:15 AM
Breakfast - Lamar and
TEDC Legislative Update - Salon B & C
TEDC Legislative Consultant and Carlton Schwab, President & CEO, Texas
Economic Development Council
General Session - Sal& C
Jeff Marcell, Senior Partner, TiP Strategies, Inc., Seattle, WA
Break
Texas Politics and Legislative Matters - Salon B & C
Evan Smith, CEO and Co -Founder, The Texas Tribune, Austin, TX
11:3o AM -1a:30 PM &Vual Meeting and Board of Director's Meeting -
Kavarro/Hidalgo/Harris
-All Attendees Welcome
12:30 PM Conference Adjourned
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING BUSINESS TRAVEL
WHEREAS, the Anna Community Development Corporation ("CDC") has recognized the
need to send representation from the CDC to the Texas Economic Development Council
(TEDC) annual conference in Houston, TX and the surrounding area for the purpose of
CDC -related business that will promote Community development in the City of Anna; and
WHEREAS, the CDC desires to approve this resolution authorizing representatives from
the CDC to attend the TCDC annual conference and to make purchases for all necessary
expenses for the purposes of CDC business;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization to Attend Conference.
The CDC hereby authorizes representative(s) from the CDC to attend and make
purchases for all necessary expenses related to attending the 2017 TCDC annual
conference in Houston, Texas from October 18-20, 2017.
PASSED AND APPROVED by the Community Development Corporation of Anna, Texas
this day of , 2017.
ATTESTED:
Nate Pike
CDC President
APPROVED:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 10.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the execution of
a land sale contract with Kirby Smith for approximately 9 acres of land located in the
Anna Business Park located at the northeast corner of hwy. 5 and the Collin County
Outer Loop.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Res. Sales Contract KS 8/31/2017 Resolution
Land Sale Contract - KS2 9/5/2017 Backup Material
ANNA COMMUNITYDEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITYDEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT TO SELL PROPERTY OWNED
BY THE CDC
WHEREAS, the Anna Community Development Corporation (the "CDC") intends to
sell a tract of real property described in further detail below; and
WHEREAS, the CDC has determined that selling of the property is in the financial
interests of the CDC;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA
COMMUNITYDEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Financing Agreement
The CDC hereby authorizes the Chief Administrative Officer to execute, on the CDC's
behalf, a purchase and sale agreement along with any associated documents
(collectively, the "Sale Documents") necessary to set forth an arrangement between
the CDC and the Buyer (the "Buyer") of the CDC property, which is approximately 9
acres and is described in more detail in the attached EXHIBIT A, incorporated herein
for all purposes. The sales price of the property is $ 10.00 . The authority to execute
the Sale Documents is subject to approval of the form of same by the CDC's legal
counsel, and any necessary approval by the City of Anna City Council.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nate Pike,
CDC President
ATTEST:
Lauretta Blacketer,
CDC Secretary
Real Estate Sales Contract
This contract to buy and sell real property is between Seller and Buyer as identified below and is effective
on the date ("Effective Date") of the last of the signatures by Seller and Buyer as parties to this contract. Buyer must
deliver the Earnest Money to Title Company for this contract to be effective.
Seller: Anna Economic Development Corporation, a Texas Type A Development
Corporation; and Anna Community Development Corporation or Assigns, a
Texas Type B Development Corporation
Address: 111 N. Powell Parkway
P.O. Box 776
Anna, TX 75409-0776
c/o Jessica Perkins
Phone: (972) 924-3325
Buyer: Kirby Smith Machinery, Inc., an Oklahoma corporation, and
KSMI Properties, LLC, an Oklahoma limited liability company
Address: P.O. Box 270300
Oklahoma City, OK 73137
c/o David Cooper
Phone: (214) 371-7777
Property: Approximately 10.816 gross acres of real property out of that certain 85.571 acre
tract located at the northeast corner of the intersection of the Collin County Outer
Loop and S.H. 5 in the City of Anna, Collin County, Texas, more particularly
described in Exhibit A, which is incorporated here as if set forth in full ("Property").
Title Company: Red River Title Company
100 N. Travis Street #200
Sherman, Texas 75090
c/o Doris Caston
Phone: (903) 8684446
Underwriter: Title Company's choice.
Purchase Price
Cash portion: Not Applicable.
Total purchase price: $10.00 good and valuable consideration.
Earnest Money: NONE.
County for Performance: Collin County, Texas
A. Deadlines and Other Dates
All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls
on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday,
Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the
essence.
1. Earnest Money Deadline: within five (5) days of Buyer's execution and delivery of this contract to
Real Estate Sales Contract Page 1 of 10
Title Company,
2. Delivery of Title Commitment: twenty-one (21) days after the Effective Date.
3. Delivery of legible copies of instruments referenced in the Title Commitment: twenty-one (21) days
after the Effective Date,
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible copies
of the instruments referenced in the Title Commitment and the Survey.
5. Closing Date: a date that is on or before the thirtieth (30th) day following the Feasibility Review
Period. The Closing Date shall not be extended unless extended under a mutually agreeable duly executed
amendment to this Agreement.
6. Survey: fifteen (15) days after the Effective Date.
7. Due Diligence Materials: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any Property -related zoning, environmental reports, tests or drawings currently in Seller's possession (the
"Materials") to Buyer.
8. Governmental Notifications: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any pending or proposed governmental matters related to the Property including, without limitation, TxDot,
county or municipal notifications (the "Notifications") currently in Seller's possession to Buyer.
B. Closing Documents
1. At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit C (the "Deed")
Bill of Sale
IRS Nonforeign Person Affidavit
Evidence of Seller's authority to close this transaction
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer's authority to consummate this transaction
The documents listed in this section B are collectively known as the "Closing Documents."
C. Exhibits
The following exhibits are attached to and are a part of this contract:
Exhibit A —Description of the Property
Exhibit B—Representations; Environmental Matters
Real Estate Sales Contract Page 2 of 10
Exhibit C—Deed
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Properly
in accordance with the terms of this contract. The promises by Buyer and Seller stated in this contract are the
consideration for the formation of this contract.
E. Interest on Earnest Money
Intentionally left blank.
F. Title and Survey and Feasibility Review Period
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate licensees,
if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property
examined by an attorney of Buyer's own selection or be furnished with or obtain a policy of title insurance.
2. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an Owner
Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the Property.
The "effective date" stated in the Title Commitment must be after the Effective Date of this contract. "Title Policy"
means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in conformity with the
last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have thirty (30) days (the "Feasibility Review Period") after
the Effective Date in which to conduct environmental testing, geotechnical borings and other studies of the Property
and, in connection therewith, Buyer and its agents and contractors shall have the right of entry onto the Property for
such purposes and Buyer agrees to indemnify Seller for Buyer's on -site related Property activities and all costs
associated with such entry and tests made on the Property; this indemnity shall survive closing or termination of this
contract. If Buyer determines, in Buyer's sole and absolute discretion, that the Property is not suitable for Buyer's
intended use or purpose, Buyer shall have the right upon written notice to Seller within the Feasibility Review Period
to terminate this contract.
4. UCC Search. "UCC Search" means reports prepared by a nongovernmental provider, stating the
instruments that are on file in the Texas secretary of state's UCC records, the UCC records in the jurisdiction in which
Seller is located, and the UCC records of the county in which the Property is located, showing as debtor Seller (if
applicable) and all other owners of the Property during the five years before the Effective Date of this contract.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title Commitment
by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. ("Title Objection Deadline") to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify Seller
of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected
by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters
that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller of any
Title Objections, Seller has fifteen (15) days from receipt of Buyer's notice to notify Buyer whether Seller agrees to
cure the Title Objections before closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives
its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within five days after
the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is terminated (in which event
Real Estate Sales Contract Page 3 of 10
the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to Seller's obligations to
resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the Property, remove all
exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title Objections that
Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on
Schedule C of the Title Commitment which are Seller's responsibility to resolve, remove all such liens, remove all
exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections
that Seller has agreed to cure.
7. Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy thereof
to Seller by the deadline specified in A6 above. The survey shall be a current on -the -ground survey of the Property
that substantially complies with the requirements of a Category IA, Condition I or II (as applicable) survey in the
Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land
Surveying and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except
for "shortages in area"). Once the Survey has been completed, the legal description of the Property shown therein
shall be substituted for the legal description in Exhibit A and shall serve as the legal description of the Property in
the Deed.
G. Condition of the Property until Closing; Cooperation; No Recording of Contract
1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same manner
as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements, restrictions
or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts or
encumbrances, if any, without Buyer's prior written consent.
2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the
Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before closing.
Buyer may terminate this contract if the casualty damage that occurs before closing would materially affect Buyer's
intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty, in which event the Earnest Money shall be refunded to Buyer. If Buyer does not terminate this contract,
Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller's rights under
any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and
coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the
casualty damage and less any amounts previously paid by Seller to repair the Property. If Seller has not insured the
Property and Buyer does not elect to terminate this contract in accordance with this section, the Purchase Price will
be reduced by the cost to repair the casualty damage.
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi -governmental
authority. Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of the
Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing if
Seller's notice is received less than fifteen days before closing), in which event the Earnest Money shall be refunded
to the Buyer. If Buyer does not terminate this contract, (a) Buyer and Seller will each have the right to appear and
defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation
will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property will be revised
to delete the portion taken.
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or administrative
hearing that is threatened, filed, or initiated before closing that affects the Property.
Real Estate Sales Contract Page 4 of 10
H. Closing
1. Closing. This transaction will close at Title Company's offices on the Closing Date. At closing, the
following will occur:
a. Closing Documents. The parties will execute and deliver the Closing Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts or
documents that Buyer is obligated to pay or execute under this contract to or by Title
Company in funds or documents acceptable to Title Company and Seller.
c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse
the Purchase Price and other funds in accordance with this contract, record the deed and any
other Closing Documents necessary to be recorded, and distribute copies of the Closing
Documents to each party.
d. Possession. Unless otherwise agreed, Seller will deliver possession of the Property to Buyer,
subject to the Permitted Exceptions existing at Closing.
2. Transaction Costs
a. Seller's Costs. Seller will pay for the basic charge for the Title Policy; one-half of the escrow
fee charged by Title Company; the costs to prepare the deed; the costs to obtain, deliver, and
record releases of all liens to be released at closing; the costs to record all documents to cure
Title Objections agreed to be cured by Seller, and certificates or reports of ad valorem taxes;
the costs to deliver copies of the instruments described in section AA.; and Seller's expenses
and attorney's fees.
b. Buyer's Costs. Buyer will pay for the new survey; one-half of the escrow fee charged by
Title Company; the costs to obtain, deliver, and record all documents other than those to be
recorded at Seller's expense; the additional premium for the "survey/area and boundary
deletion" in the Title Policy, if the deletion is requested by Buyer; the costs of work required
by Buyer to have the survey reflect matters other than those required under this contract; and
Buyer's expenses and attorney's fees.
c. Ad Valorem Taxes. As permitted under IRC 501c3 regulations for Buyer, ad valorem taxes
for the Property for the calendar year of closing will be prorated between Buyer and Seller
as of the Closing Date. Seller's portion of the prorated taxes (if applicable) will be paid to
Buyer at closing as an adjustment to the Purchase Price. If the assessment for the calendar
year of closing is not known at the Closing Date, the proration will be based on taxes for the
previous tax year, and Buyer and Seller will adjust the prorations in cash within thirty days
of when the actual assessment and taxes are known. Seller will promptly notify Buyer of all
notices of proposed or final tax valuations and assessments that Seller receives after the
Effective Date and after closing. All taxes due as of closing will be paid at closing. If this
sale or a change in use of the Property or the denial of any special use valuation on the
Property results in the assessment after Closing of additional taxes applicable to the period
of time before the Closing (including any so called "roll back" impositions), Buyer shall pay
the additional taxes plus any penalties and interest immediately upon a written statement
therefor and hold Seller harmless therefrom. The parties' obligations under this paragraph
shall survive the Closing.
Rea( Estate Sales Contract Page 5 of 10
d. Brokers' Commissions and Disclosure. Buyer and Seller each represents and warrants to the
other that they have had no contact with any real estate broker, finder or other person who
might be entitled, or claim to be entitled, to a brokerage commission, finder's fee or other
compensation in connection with this transaction other than Funderburgh Realty Corporation
("Seller's Broker"). Buyer and Seller each hereby indemnify and agree to defend and hold
the other party harmless from and against any and all claims, demands, liabilities, causes of
action, costs or expenses (including reasonable attorneys' fees) caused by or arising out of
any breach of its foregoing warranty. The provisions of this paragraph shall survive the
Closing or termination of this contract and shall not be subject to any limitation of liability
otherwise set forth in this contract.
3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
I. Default and Remedies
1. Seller's Default. If Seller fails to perform any of its obligations under this contract ("Seller's
Default"), Buyer's sole and exclusive election of remedies includes: (1) enforcing specific performance of this
contract; or (2) terminating this contract by written notice to Seller.
2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's
Default"), Seller, shall have the right to either (i) enforce specific performance of Buyer's obligations under this
contract or (ii) terminate this contract by giving notice to Buyer on or before the Closing Date).
3. Liquidated Damages. The parties agree that just compensation for the harm that would be caused by
a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and the
remedies provided above are reasonable forecasts of just compensation to the nondefaulting party for the harm that
would be caused by a default.
J. Miscellaneous Provisions
1. Notices. Any notice required by or permitted under this contract must be in writing. Any notice
required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party
to whom notice is given.
Counsel for Seller:
Clark McCoy
Wolfe, Tidwell &McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Real Estate Sales Contract Page 6 of 10
Counsel for Buyer:
lak�D
3kD;2
2. Entif e Contract. This contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are
no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer
not incorporated in writing in this contract.
3. Amendment. This contract may be amended only by an instrument in writing signed by the parties.
4. Assign»�ent. This contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns; provided, however, that this contract may not be assigned by either party without
each of the other parties' written consent.
5. Survival. The obligations of this contract that cannot be performed before termination of this
contract or before closing will survive termination of this contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this contract, the Closing
Documents will control.
6. Choice of Law; Venue; Altef•native Dispute Resolution. This contract will be construed under the
laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Collin County, Texas.
Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit
concerning this contract.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately
a default or delays taking any action with respect to the default.
8. No Third -Party 13eneficiar•ies. There are no third -party beneficiaries of this contract.
9. Severability. The provisions of this contract are severable. If a court of competent jurisdiction finds
that any provision of this contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this
contract.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and they
do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together
will constitute this contract.
13. Confidentiality. The parties will keep confidential this contract, this transaction, and all information
learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable
third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
Real Estate Sales Contract Page 7 of 10
14. Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Property to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer; and
ii. )Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15. Termination. If this contract is terminated for any reason, the parties will have no further rights or
obligations under this contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property caused
by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by Seller;
and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly
survive the termination of this Contract. The obligations of this Section 15 will survive the termination of this
Contract.
16. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this contract, or brought
relating to the transaction contemplated by this contract, will be entitled to recover, from the non -prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17. Contract as Offer. The execution of this contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this contract and delivering a
fully executed copy to the first party within thirty (30) days after the date this contract is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
SELLER:
Anna Economic Development Corporation
By:
Printed Name:
Title:
Date:
Anna Community Development Corporation or Assigns
By:
Printed Name:
Title:
Date:
Real Estate Sales Contract Page 8 of 10
Kirby —Smith Machinery, Inc.
By:
BUYER:
it
STATE OF OKALHOMA §
COUNTY OF� §
L
Before me, the undersigned notary public, on the day of A.LDOj7, 2017, personally appeared
A)s-h4�-ItA t; , known to me (or proved to me) to be the pers6dwhose name is subscribed to the
foregoing insttt Unt and acknowledged to me that he executed the same in his capacity as President of Kirby —
Smith Machinery, Inc. and on behalf of _ i -l;, VUIjmc,k-l%,�tj`4 I\C
T� C. BLEVYETT
s�►� Notary Public
State of Oklahoma ;
Commleelon 0 07007027- Expins 07/24119 ;
KSMI Properties, LL
By:
H. E. Kirby, is Aanal
Notary Public, State of Oklahoma
STATE OF OKLAHOMA §
COUNTY OF mil' §
Before me, the undersigned notary public, on the 31 day of L\O 0 �A, 2017, personally appeared H.
E. Kirby known to me (or proved to me) to be the person whose name is subW ribed 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 Oklahoma
j s � � Notary Public 1
State of Oklahoma
Coniniit„�Ian 0�1107A.e� !1MJ[tl�314119
•....---.sitter_:r__n__-
Real Estate Sales Contract Page 9 of 10
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $0.00 and a copy of this contract
executed by both Buyer and Seller.
Red River Title Company
BY:
Printed Name:
Title:
Date:
2017
Real Estate Sates Contract Page 10 of 10
EXHIBIT A
Description of the Property
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 1/2 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 Collin
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, Ltd., 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. 798;
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. 20150422000453060 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 5/8 inch 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 5/8 inch 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 1/2 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 recorded 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, a distance of 207.51 feet to a
5/8 inch iron rod with cap 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 a 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 1/2
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 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 1/2
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 with 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 containing 3,727,460 square Feet, or
85.571 acres of land.
l 1pi Wilubi
Representations; Environmental Matters
A. Seller's Representations to Buyer
Seller represents to Buyer (to Seller's actual knowledge, without duty of investigation) that the
following are true and correct as of the Effective Date and will be true and correct on the Closing Date.
1. Authority. Seller is a Type A Development Corporation and a Type B Development
Corporation duly organized, validly existing, and in good standing under the laws of the state of Texas with
authority to convey the Property to Buyer. This contract is, and all documents required by this contract to
be executed and delivered to Buyer at closing will be, duly authorized, executed, and delivered by Seller.
2. Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller's ability to perform its obligations under this contract except:
NONE
3. Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller's use of the Property, except:
NONE
4. Lease. There is no lease on the Property and there are no parties in possession of the
Property.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice of
any condemnation, zoning, or land -use proceedings affecting the Property or any inquiries or notices by
any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6. No Other Obligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller's performance of this contract will not cause a breach of any other
agreement or obligation to which Seller is a party or to which it is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and
materialman's liens and other liens and encumbrances of any nature except the Permitted Exceptions, and
no work or materials will have been furnished to the Property that might give rise to mechanic's,
materialman's, or other liens against the Property other than work or materials to which Buyer has given
its consent.
8. No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other organization,
group or individual relating to any of the Property, which would impose an obligation upon Buyer or its
successors or assigns to make any contribution or dedication of money or land to construct, install or
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Initials
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maintain any improvements of a public or private nature on or off any of the Property.
9. No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
10. No Warranty. Seller has made no warranty in connection with this contract.
Seller's representations set forth in this contract shall survive Closing for a period of twelve (12) months.
B. "As Is, Where Is"
THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES.
THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS"
TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE
NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE CLOSING DOCUMENTS AND
SELLER'S REPRESENTATIONS TO BUYER SET FORTH IN SECTION A OF THIS EXHIBIT
Be
THE PROPERTY WILL BE CONVEYED TO BUYER IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS, SELLER MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY, ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
BUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL HAVE,
PRIOR TO THE END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED
AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE BUYER
IN ORDER TO ENABLE THE BUYER TO EVALUATE THE PURCHASE OF THE PROPERTY.
BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF DEVELOPMENTS
SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE,
AND THAT OF BUYER'S CONSULTANTS, AND THAT BUYER WILL CONDUCT SUCH
INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT
LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND
SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK OF ANY
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY BUYER'S
INSPECTIONS AND INVESTIGATIONS. BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN "AS IS, WHERE IS" AND
"WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTIES OR
COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, EXCEPT FOR THE
WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE DEED OR AS EXPRESSLY
PROVIDED IN THIS CONTRACT, BUYER HEREBY WAIVES AND RELINQUISHES ALL
RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO,
ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN
DEEMED TO HAVE BEEN MADE OR GIVEN BY SELLER, EXCEPT WITH RESPECT TO THE
WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN
Initials
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THIS CONTRACT. BUYER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES
THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (1) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, BUYER FURTHER ACKNOWLEDGES
THAT SELLER HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE
PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE
REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF
THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN OR ANY OTHER
AUTHORITY OR JURISDICTION.
The provisions of this section B regarding the Property will be included in the deed and bill of sale
with appropriate modification of terms as the context requires.
C. Environmental Matters
AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER THE
ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING, ONCE CLOSING
HAS OCCURRED, SUBJECT TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR ANY
LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE
DISPOSAL ACT, OR THE TEXAS WATER CODE, SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH C., BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, SUBJECT
TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE
IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR
If )4
Initials Initials
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER'S INDEMNIFICATION AND
HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH C. SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF SELLER'S OWNERSHIP OF
THE PROPERTY; AND PROVIDED FURTHER THAT BUYER AND EACH TRANSFEROR OF THE
PROPERTY (OR ANY PORTION THEREOF) SHALL UPON THE CONSUMMATION OF SUCH
TRANSFER BE RELIEVED OF ALL FURTHER LIABILITY FOR SUCH OBLIGATIONS EXCEPT
SUCH LIABILITY AS MAY HAVE ARISEN DURING THE PERIOD OF SUCH TRANSFEROR'S
OWNERSHIP OF THE PROPERTY (OR THE PORTION THEREOF SO CONVEYED) AND WHICH
REMAINS UNSATISFIED.
The provisions of the above paragraph C regarding the Property will be included in the deed and
bill of sale with appropriate modification of terms as the context requires.
[The remainder of this page is left blank intentionally.]
EXHIBIT C
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: , 2017
Grantor: Anna Economic Development Corporation — a Type A Development Corporation; and
Anna Community Development Corporation — a Type B Development Corporation
Grantor's Mailing Address: 111 N. Powell Parkway, P.O. Box 776, Anna, TX 75409-0776
Grantee: Kirby Smith Machinery, Inc., an Oklahoma corporation and KSMI Properties, LLC an
Oklahoma limited liability company.
Grantee's Mailing Address: P.O. Box 270300, Oklahoma City, OK 73137
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy
of which is acknowledged
Property (including any improvements): The real property described on Exhibit A, attached
hereto and incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other
matters described on Exhibit B, attached hereto and incorporated herein.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
THIS SALE EVIDENCED BY THIS DEED IS AN ARMS -LENGTH AGREEMENT
BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF
AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE
CLOSING DOCUMENTS AND GRANTOR'S REPRESENTATIONS TO GRANTEE SET FORTH
IN THE CONTRACT BETWEEN THE PARTIES.
THE PROPERTY IS CONVEYED TO GRANTEE IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. GRANTOR MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY, ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS PRIOR TO THE
END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED AND
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE
IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE
PROPERTY, GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE GRANTEE OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF GRANTEE'S CONSULTANTS, AND THAT GRANTEE
WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN
REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN
"AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION,
WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE,
EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN THIS DEED,
GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES
ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS,
WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE
BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE
OR GIVEN BY GRANTOR, EXCEPT WITH RESPECT TO THE WARRANTY OF TITLE
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN THE CONTRACT
BETWEEN THE PARTIES. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND
AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIl�tD
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (1) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (1) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (n) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY
WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY
WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR
REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN
OR•ANY OTHER AUTHORITY OR J[JRISDICTION.
THE RISK OF LIABILITY OR EXPENSE FOR ENVIIRONMENTAL PROBLEMS,
EVEN IF ARISING FROM EVENTS BEFORE THE DATE HEREOF, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL
PROBLEMS WERE KNOWN OR UNKNOWN AS OF THE DATE HEREOF, GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE
TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO
THE LAST SENTENCE OF THIS PARAGRAPH C., GRANTEE INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND
STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS
ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON
GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF GRANTOR'S
OWNERSHIP OF THE PROPERTY; AND PROVIDED FURTHER THAT GRANTEE AND
EACH TRANSFEROR OF THE PROPERTY (OR ANY PORTION THEREOF) SHALL UPON
THE CONSUMMATION OF SUCH TRANSFER BE RELIEVED OF ALL FURTHER
LIABILITY FOR SUCH OBLIGATIONS EXCEPT SUCH LIABILITY AS MAY HAVE ARISEN
DURING THE PERIOD OF SUCH TRANSFEROR'S OWNERSHIP OF THE PROPERTY (OR
THE PORTION THEREOF SO CONVEYED) AND WHICH REMAINS UNSATISFIED
When the context requires, singular nouns and pronouns include the plural.
Anna Community Development Corporation
By:
Nate Pike, its President
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2017,
personally appeared Nate Pike 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 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]
(see attached Field Notes)
EXHIBIT B
(Attach title exceptions)
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDAITEM:
Item No. 11.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
Discuss possible sponsorship of Anna ISD Homecoming. (Alonzo Tutson)
SUMMARY:
STAFF RECOMMENDATION:
9/7/2017
Jessica
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDAITEM:
Item No. 12.
CDC Agenda
Staff Report
Meeting Date: 9/7/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving minutes from the August 3, 2017 meeting.
SUMMARY:
Please review, comment, and vote.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
8-3-2017 CDC Minutes 9/5/201 't Backup Material
1 4 ILI * ANNA COMMUNITY DEVELOPMENT CORPORATION
MINUTES
V� OPMEI TY
DNT August 3, 2017
CO?PORATION
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 5:03pm. After roll call and the
declaration that a quorum was present, the floor was open for business.
Director's in attendance: Doug Hermann, Brent Thomas, Connie Stump, Anthony
Richardson, James Gurski and Nate Pike and Alonzo Tutson (5:08pm)
Directors Absent: None
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. Citizen Comments - None
4. Consider/Discuss/Action regarding
proposed FY2017-2018 budget and
budget.
adopting a resolution approving the
authorizing publication of the proposed
Brent Thomas made a motion to table this item; Seconded by Anthony Richardson.
Request for roll call Vote. Alonzo Tutson No, Nate Pike No, Brent Thomas yes, Doug
Hermann yes, Connie Stump yes, James Gurski yes, and Anthony Richardson yes,
motion to table passed.
5. Consider/Discuss/Action approving minutes from the July 7, 2017 meeting.
Brent Thomas made a motion to approve the minutes 2nd by Alonzo Tutson. Motion
passed by all.
I 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.
08-03-2017 Reg CDC Meeting — Page 1
6. Adjourn
Alonzo Tutson made a motion to adjourn the meeting 2nd by Brent Thomas.
Motion passed by all and the meeting was adjourned at 6:12pm.
APPROVED:
ATTESTED:
Nathan Pike, CDC President Lauretta Blacketer, CDC Secretary
I 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.
08-03-2017 Reg CDC Meeting — Page 2