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HomeMy WebLinkAboutCDCpkt2015-07-01m ti ^ DEVELOPMENT CORPORATION July 1, 2015 Meeting Packet r MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION July 1, 2015 at 5:00 p.m.' ANNA CITY HALL ADMINISTRATION BUILDING, t 111 N. POWELL PKWY., ANNA, TEXAS COMMUNITY DEVELOPMENT CORPORATION! The Anna Community Development Corporation will conduct a meeting at 5:00 p.m.' on July 1. 2015, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. S b 0 2. Roll Call and Establishment of Quorum. 3. Invocation and Pledge. 4. Consider/Discuss/Action regarding the performance agreement with Empowered Training Cerat e. fl / "d �a / II�� I vl l� C 5. CLOSED SESSION (exceptions): �BCGf� a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; F _ °2 b. Consult with legal counsel on matters in which the duty of the attorney try°'I/n / the governmental body under the Texas Disciplinary Rules of Professional f T �� /e Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the J Government Code (Tex. Gov't Code §551.071); C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) ' 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. 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 executive session conceming 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. B. Consider/Discuss/Action regarding passing a resolutio 00n� expe � it- ref ted to a branding redesign. "-'—' Pproving a promotional S w2447 t 7. Considenolscuss/Action regarding passing a sopproving an es oppel certificate ' h Q S minol Anna Town Center L. �o� n 8. Con ider/ Iscuss lion regardi passing a resolution authorizmg the expenditure �aMlcros ft Surtactie CD s�Chief sthistratIva Officer. 9. Consder/DIon regarding passing a olution.%au orizing a line item budge mend t for the current fiscal year 20015 10. Consider/Discus � io - °2 � C4 regarding minutes from una , 11. Adjoum�� � a on zz 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 June 26, 2015. Jas c Perkins, C ief 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 fight to retire Into executive session concerning any of the hems listed on this agenda, whenever it is considered necessary and legally iuetitied under the Open Meetings AcL Disabled persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-9243325 two working days prior to the meeting so that appropriate arrangements can be made. COMMUNITY DEVELOPMENT CORPORATION Meeting: Julv 1, 2015 Staff Contact: Jessica Perkins Exhibits: Yes No Item No. 4 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding the performance agreement with Empowered Training Centre. SUMMARY: Staff met with Mubina Gillani, founder and CEO of Empowered Training Centre, to discuss the status of the performance agreement as the terms of the agreement are coming to a close as of June 2015. In the meeting she informed staff that the EB5 funds that her company had been approved for where not working out. She still qualifies for EB5 funds, but finding a "funding match" has proved harder than anticipated. She is requesting a 12 month extension to her performance agreement. In June, staff requested to copies of financial statements from Empowered Training Centre. After reviewing the financial documents, staff does not believe that Empowered Training Centre will be able to meet the performance targets necessary to fulfil the terms of the incentive agreement. STAFF RECOMMENDATION: Staff recommends issuing a determination notice and requesting repayment. Cj M6vzlo 40 Meeting: July 1. 2015 Staff Contact: Jessica Perkins Item No. 5 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) SUMMARY: n/a STAFF RECOMMENDATION: n/a Item No. 6 Anna Community Development Corporation Agenda Staff Report Meeting: July 1, 2015 Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution approving a promotional expenditure related to a branding redesign. SUMMARY: One of City Council Strategic Goals is to develop and implement a comprehensive brand identity for the City. The goal for this effort is to develop an organization mission statement that supports a community brand and vision that we can effectively market. North Star is an experience branding company that has worked nationwide as well as in Collin County and has successfully assisted both the City of McKinney and the City of Frisco with their brand and brand implementation. North Star has a proven comprehensive approach that includes a research team, writing staff, and graphic designers. The City anticipates executing an agreement for a Community BrandPrint with North Star on July 14th and is requesting the corporations' participation in the project. STAFF RECOMMENDATION: n/a. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING A PROMOTIONAL EXPENDITURE FOR A COMMUNITY BRANDPRINT WHEREAS, the Board of Directors of the Anna Community Development Corporation (the "CDC"), created by the City of Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4B, and now operating under Texas Local Government Code, Chapter 501 and other applicable chapters (the "Act") has found that it is in the best interests of the Corporation to authorize the expenditure of funds for one-third the cost of the Community BrandPrint being offered by North Star Destination Strategies: and WHEREAS, the CDC's funding of Community BrandPrint is subject to the approval of the Project by the City Council of the City of Anna ("City Council") and also subject to a project agreement being reached between the CDC and the City; and WHEREAS, the CDC Board of Directors has investigated and determined that its contribution toward the cost of the BrandPrint is a promotional expense that will be for the benefit of the community and will promote new or expanded business enterprise and economic development. NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Proposed Plan of Finance The CDC approves and authorizes the expenditure of promotional funds for 1/3 of the cost of the Community BrandPrint being offered by North Star Destination Strategies to the ity of Anna. This funding is subject to City Council approval. a4 rl ° ° ►-� �� . CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 7 OF 2 PASSED AND APPROVED by the Anna Community Development Corporation this day of , 2015. APPROVED: John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 COMMUNITY DEVELOPMENT CORPORATION Meeting: July 1, 2015 Staff Contact: Jessica Perkins Exhibits: _X—Yes No Item No. 7 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution approving an estoppel certificate with Q Seminole Anna Town Center L.P. SUMMARY: This agenda item is a request from Chief Partners, owners of the property at the northeast corner of hwy 75 and FM 455. They have closed on the sale of the land to Wahnart but are refinancing the remaining land. The lender has requested an estoppel certificate. STAFF RECOMMENDATION: Staff recommends you approve the resolution subject to form by legal counsel and final approval by the City Council. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AN ESTOPPEL CETIFICATE FOR Q SEMINOLE ANNA TOWN CENTER, L.P. RELATED TO AN INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P, THE ANNA ECONOMIC DEVELOPMENT CORPORATION, AND THE CITY OF ANNA WHEREAS, the CDC has received a request to issue an Estoppel Certificate from Q Seminole Anna Town Center, L.P. who has represented that it will create and retain a significant number of new jobs and that will result in new capital investment, all within the corporate limits of the City; and WHEREAS, the CDC desires to issue the Estoppel Certificate to satisfy Q Seminole Anna Town Center, L.P. Lender's request to certify certain matters contained in the Incentive Agreement further detailed in EXHIBIT A attached. 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 Estoppel Certificate The CDC hereby approves the Estoppel Certificate for Q Seminole Anna Town Center, L.P., attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the CDC President to execute same on its behalf, subject to approval as to form by legal counsel, for the CDG and final content by the CDC Chief Administrative PASSED AND APPROVED by the Anna Community Development Corporation on this day of 2015. ATTEST: APPROVED: John Houcek CDC President Sherilyn Godfrey CDC Secretary ANNA CDC RESOLUTION NO. PAGE 7 OF 1 ESTOPPEL CERTIFICATE (INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT) June 2015 Independent Bank, and its successors and assigns 2100 McKinney Avenue, Suite 1200 Dallas, TX 75201 Re: Incentive Agreement for New Economic Development ("Incentive A egx ement") dated effective as of June 1, 2015, by and among Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership ("Developer"), the ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation ("AEDC"), and the ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation ("ACDC," and together with AFDC, the "Anna Corporations"). Capitalized terms not otherwise defined in this Estoppel Certificate shall have the meaning ascribed thereto in the Incentive Agreement. Ladies/Gentlemen: The Anna Corporations understand that (i) Developer is the owner of the property described on Exhibit A (the "Developer Property" ), and (ii) INDEPENDENT BANK ("Lender'), has made or will make a loan (the "Loan") to Developer, secured by a Deed of Trust (the "Mortgage") on the Developer Property. (The Mortgage, together with any and all papers now or hereafter governing, evidencing, guaranteeing or securing or otherwise relating to payment of all or any part of the Loan, are hereinafter referred to collectively as the "Loan Documents'.) The Developer Property is a portion of the Property described in the Incentive Agreement. The Anna Corporations have been advised that on June 1, 2015, the Developer closed on the sale of the Wahnart Property (the "Walmart Property Sale") to WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Wal-Mart RE Trust"), as evidenced by that certain General Warranty Deed to Wal-Mart RE Trust dated June 1, 2015, executed by Developer and Sled of record on June 2, 2015 in the Official Public Records of Collin County, Texas as Instrument No. 20150602000647410, a copy of which is attached hereto as Exhibit B ("Wahnart Property Deed"). The Anna Corporations have further been advised that the 1.809 acre tract of land described in Exhibit I to the Incentive Agreement was conveyed to the City (the "Water Tower Site Conveyance") pursuant to that certain Deed of Dedication of Land for Public Use dated June 16, 2015, executed by Developer and Sled of record on June 23, 2015 in the Official Public Records of Collin County, Texas as Instrument No. 20150623000757290, a copy of which is attached hereto as Exhibit C (the "Water Tower Site Deed"). As a condition to making the Loan, Lender has requested that the Anna Corporations certify as to certain matters contained in the Incentive Agreement. Accordingly, each of the Anna Corporations hereby states and certifies to Lender the following matters as they relate to the Incentive Agreement as of the date hereof: 1. A true, correct, and complete copy of the Incentive Agreement is attached hereto as Exhibit D. 2. There exists no uncured default or breach in the performance of obligations of any of the parties to the Incentive Agreement. 3. The Incentive Agreement constitutes the entire agreement of the Anna Corporations and Developer with respect to payment of Project Funds, and there are no other agreements or understandings, verbal or written, that affect the rights and liabilities of the Anna Corporation or Developer to one another with respect to the Incentive Agreement or the Project Funds. ESTOPPEL CERTIFICATE -INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT -PAGE I 4. Subject to the terms of Section 5 of the Incentive Agreement, the Combined Maximum Amount of payments to Developer will total $2,934,000.00. 5. The Walmart Property Sale satisfies the condition to effectiveness of the Incentive Agreement included in Section 1 thereof that requires that Developer close the sale of the Walmart Property to Wal-Mart Stores, Inc. by June 15, 2015. 6. All conditions to the effectiveness of the Incentive Agreement described in Section 1 thereof have been satisfied, and the Incentive Agreement is unmodified and is in full force and effect. 7. The Anna Corporations will not seek to terminate the Incentive Agreement pursuant to Section 2.02(c) thereof solely due to the sale by the Developer of the Walmart Property to Wal-Mart RE Trust rather than to Walmart Stores, Inc. Notwithstanding the foregoing, all other termination rights set forth in Section 2.02 of the Incentive Agreement remain in full force and effect. 8. The Water Tower Site Conveyance satisfies Section 4.04(b) of the Incentive Agreement. 9. The collateral assignment of the Incentive Agreement by Developer to Lender shall not constitute a default under the terms of the Incentive Agreement, and this Estoppel Certificate shall constitute notice to the Anna Corporations of such assignment. 10. In the event that either or both of the Anna Corporations delivers to Developer any notice of default pursuant to Section 8.08 of the Incentive Agreement, the party or parties delivering such notice of default shall contemporaneously therewith, and in accordance with Section 8.13 of the Incentive Agreement, deliver a copy of such notice to Lender at the address to which this Estoppel Certificate is addressed, and Lender shall have the right, but not the obligation to cure such default during the Cure Period. In the event Lender or its successors or assigns succeeds to (i) Developer's interest in the Property pursuant to Lender's rights under the Loan Documents, and (ii) Lender exercises its rights to succeed to the interest of Developer under the Incentive Agreement, then from and after the date on which Lender succeeds to Developer's interest in the Property, the Anna Corporations and Lender shall be bound in accordance with all of the terms, covenants and conditions of the Incentive Agreement for the balance of the term thereof with the same force and effect as if Lender were the Developer under the Incentive Agreement. [REMAINDER OF PAGE IS INTENTIONALLY BLANK- SIGNATURES APPEAR ON NEXT PAGE.] ESTOPPEL CERTIFICATE -INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT - PAGE 2 IN WITNESS WHEREOF, the undersigned have executed this Estoppel Certificate on the dates set out below to be effective as of the date first above written. ACDC: ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation By: Name: Title: Date of Execution: 2015 AEDC: ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation Name: Title: Date of Execution: 2015 ESTOPPEL CERTIFICATE -INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT- SIGNATURE PAGE ESTOPPEL CERTIFICATE JOINDER (CITY OF ANNA, TExAs) The City of Anna, a Texas municipal corporation, joins for the sole purposes of acknowledging and agreeing that (a) The City will not seek to terminate the Incentive Agreement pursuant to Section 2.02(c) thereof solely due to the sale by the Developer of the Walmart Property to Wal-Mart RE Trust rather than to Wahnart Stores, Inc. Notwithstanding the foregoing, all other termination rights set forth in Section 2.02 of the Incentive Agreement remain in full force and effect; and (b) hi the event the City delivers to Developer any notice of default pursuant to Section 8.08 of the Incentive Agreement, the City shall contemporaneously therewith, and in accordance with Section 8.13 of the Incentive Agreement, deliver a copy of such notice to Lender at the address to which the Estoppel Certificate is addressed, and Lender shall have the right, but not the obligation to cure such default during the Cure Period. In the event Lender or its successors or assigns succeeds to (i) Developer's interest in the Property pursuant to Lender's rights under the Loan Documents, and (ii) Lender exercises its rights to succeed to the interest of Developer under the Incentive Agreement, then from and after the date on which Lender succeeds to Developer's interest in the Property, the City shall recognize such succession and agrees that the Anna Corporations and Lender shall be bound in accordance with all of the terms, covenants and conditions of the Incentive Agreement for the balance of the term thereof with the same force and effect as if Lender were the Developer under the Incentive Agreement. CITY OF ANNA, a Texas municipal corporation Name: Mike Crist Title: Mayor Date of Execution: 2015 Attest: Name: Title: [Acting] City Secretary ESTOPPEL CERTIFICATE—INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT— SIGNATURE PAGE Exhibit A Leeal Description TRACT BEING a tract of land situated in the W.S. Ratton Survey, Abstract No. 752, the Thomas Ratton Survey, Abstract No. 782, and the F.T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for the northwest corner of said 107.52 acre tract, common to the southwest corner of a tract of land described as Tract 7 in the deed to MJLA Adams, LTD., recorded in Instrument No. 20110505000462590, said Real Property Records, and on the easterly right-of-way line of U.S. Highway 75; THENCE North 89018'53" East, departing the easterly right-of-way line of U.S. Highway 75, along the northerly line of said 107.52 acre tract, and along the southerly line of said Tract 7, passing en route at a distance of 43.02 feet a TxDOT Aluminum right-of-way marker found for witness on the future easterly right-of-way line of U.S. Highway 75 per Notice of Lis Pendens recorded in Instrument No. 20150331000350710, said Real Property Records, and continuing on said course a total distance of 965.84 feet to a 3/8 inch iron rod found for corner on the westerly line of a called 50.53 acre tract of land described in the deed to Two -J Partners, LLLP, recorded in Instrument No. 20080509000562500, said Real Property Records; THENCE South 0028148" West, along the easterly line of said 107.52 acre tract, and along the westerly line of said 50.53 acre tract, a distance of 1549.17 feet to a wooden post found for corner at the southwest corner of said 50.53 acre tract; THENCE South 89°20'45" East, along the southerly line of said 50.53 acre tract, a distance of 165.07 feet to a 3/8 inch iron rod found for the eastern -most northeast corner of said 107.52 acre tract, common to the northwest corner of Creekside Phase 3, an addition to the City of Anna, according to the plat thereof recorded in Cabinet P, page 623, Plat Records of Collin County, Texas; THENCE South 0°13'51" West, along the easterly line of said 107.52 acre tract, and along the westerly line of said Creekside Phase 3, and Creekside Phase 2, an addition to the City of Anna, according to the plat thereof recorded in Cabinet P, Page 60, said Plat Records, a distance of 2412.19 feet to a point for comer on the northerly right-of-way line of F.M. 455, from which a 1/2 inch iron rod found for witness bears North 00°14' East, a distance of 0.36 feet; THENCE along the southerly line of said 107.52 acre tract, and along the northerly right-of-way line of F.M. 455, the following three (3) courses: 1. North 79025149" West, a distance of 46.42 feet to a Brass TxDOT monument found for corner; 2. North 86°5328" West, a distance of 211.81 feet to a 1/2 inch iron rod found for corner; 3. South 88°02'21" West, a distance of 144.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE departing the northerly right-of-way line of F.M. 455, and crossing said 107.52 acre tract, the following ten (10) courses: 1. North 105625" West, a distance of 110.88 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer at the beginning of a tangent curve to the left having a central angle of 11°59'58", a radius of 244.00 feet, a chord bearing and distance of North 7°5624" West, 51.01 feet; ExHmrr A -PAGE I 2. In a northwesterly direction, with said curve to the left, an arc distance of 51.10 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 3. North 20017'15" East, a distance of 62.23 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non -tangent curve to the left having a central angle of 56°24'11", a radius of 395.00 feet, a chord bearing and distance of North 28025'52" East, 373.33 feet; 4. In a northeasterly direction, with said curve to the left, an arc distance of 388.85 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 5. North 0°13'47' East, a distance of 515.80 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 6. North 89046'13" West, passing en route at a distance of 60.00 feet a 5/8 inch iron rod with plastic cap stamped "KHA" set for witness at the northeast corner of a called 18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records, and continuing on said course along the northerly line of said 18.551 acre tract, a total distance of 1011.02 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 7. South 0°13'47" West, continuing along the northerly line of said 18.551 acre tract, a distance of 13.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 8. North 89046'13" West, continuing along the northerly line of said 18.551 acre tract, a distance of 229.49 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the aforesaid future easterly right-of-way line of U.S. Highway 75 at the westerly -most northwest comer of said 18.551 acre tract; 9. South 07°36'56" West, along the said future easterly right-of-way line of U.S. Highway 75, and along the westerly line of said 18.551 acre tract, a distance of 50.92 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer; 10. North 89046'13" West, a distance of 39.78 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the easterly right-of-way line of U.S. Highway 75; THENCE along the westerly line of said 107.52 acre tract, and along the easterly right-of-way line of U.S. Highway 75, the following five (5) courses: 1. North 703650" East, a distance of 597.15 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer; 2. North 6010'54" East, a distance of 200.06 feet to a 5/8 inch iron rod with plastic cap found for corner; 3. North 7°36'50" East, a distance of 1400.00 feet to a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for corner; 4. North 5027'50" East, a distance of 400.28 feet to a TxDOT Aluminum right-of-way marker found for corner, from which a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for witness bears North 89°29' East, a distance of 2.74 feet; 5. North 10°28'35" East, a distance of 360.20 feet to the POINT OF BEGINNING and containing 87.731 acres (3,821,554 square feet) of land, more or less. LESS AND EXCEPT a called 1.809 acre tract of land dedicated and conveyed to City of Anna, Texas, by Deed of Dedication of Land for Public Use, recorded in Instrument No. 20150623000757290, said Real Property Records, and being described as follows: EXHIBIT A- PAGE 2 BEING a tract of land out of the W.S. Ratton Survey, Abstract No. 752 in the City of Anna, Collin County, Texas, being part of a called 107.52 acre tract of land described in Special Warranty Deed with Vendor's Lien to Q Seminole Anna Town Center, L.P. recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with "Geer 4117" cap found for corner in the east right-of-way line of U.S. Highway 75 (variable width right-of-way) for the northwest corner of said 107.52 acre tract and the southwest corner of a tract of land described in Special Warranty Deed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462590, said Real Property Records; THENCE with the north line of said 107.52 acre tract, North 89018'53" East, a distance of 965.84 feet to a 3/8 inch von rod found for corner in the west line of a tract of land described in Quitclaim Deed to Two -J Properties recorded in Instrument No. 20080509000562500, said Real Property Records; THENCE with the west line of said Two -J Properties tract, South 0°2848" West, a distance of 754.81 feet to a point for corner; THENCE leaving the west line of said Two -J Properties tract, North 89°20'59" West, a distance of 56.08 feet to a 5/8" iron rod with "KHA" cap set at the POINT OF BEGINNING; THENCE the following seven (7) courses: 1. South 41°04'19" East, a distance of 33.28 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a non -tangent curve to the right having a central angle of 38011'54", a radius of 335.00 feet, a chord bearing and distance of South 28°26'36" West, 219.23 feet; 2. In a southwesterly direction, with said curve to the right, an arc distance of 223.34 feet to a 5/8" iron rod with "KHA" cap set at the end of said curve; 3. South 4703233" West, a distance of 121.98 feet to a 5/8" iron rod with "KHA" cap set at the beginning of a tangent curve to the left having a central angle of 3139'54", a radius of 395.00 feet, a chord bearing and distance of South 45042136" West, 25.26 feet; 4. In a southwesterly direction, with said curve to the left, an are distance of 25.27 feet to a 5/8" iron rod with "KHA" cap set at the end of said curve; from said point a wood post found for the southwest corner of said Two -J Properties tract bears South 26142'25" East, a distance of 534.13 feet; 5. North 46°07'22" West, a distance of 189.00 feet to a 5/8" iron rod with "KHA" cap set for corner; 6. North 0°39'01" East, a distance of 190.53 feet to a 5/8" iron rod with "KHA" cap set for corner; from said point the 1/2" iron rod with "Geer 4117" cap found at the northwest corner of said 107.52 acre tract bears North 38°03'57" West, a distance of 938.53 feet; 7. South 89020'59" East, a distance of 324.73 feet to the POINT OF BEGINNING and containing 1.809 acres (78,792 square feet) of land, more or less. LEAVING A NET ACREAGE of 85.922 acres (3,742,762 square feet) of land, more or less. TRACT 2 BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and a ExaarrA-PAGE3 portion of a called 7.90 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real property Records, and being more particularly described as follows: BEGINNING at an aluminum TxDOT right-of-way monument found at the northwest corner of a called 0.006 acre tract of land described in the deed to State of Texas, recorded in Instrument No. 20111117001250980, said Real Property Records, common to the northeast comer of a called 0.007 acre tract of land described in the deed to State of Texas, recorded in Instrument No. 20120723000890530, said Real Property Records, common to the southeast comer of Lot 1, Block 1, CVS Anna Addition, and addition to the City of Anna according to the plat thereof recorded in Volume 2014, Page 276, Plat Records of Collin County, Texas, and on the northerly right-of-way line of F.M. 455 (White Road); THENCE departing the northerly right-of-way line of said F.M. 455 and crossing said 107.52 acre tract and said 7.90 acre tract, along the easterly and northerly lines of said Lot 1, Block 1, CVS Anna Addition, the following three (3) courses: 1. North 1000'23" West, a distance of 189.47 feet to a 5/8 inch iron rod with plastic cap stamped "KHN" set for corner; 2. South 87010'40" West, a distance of 384.26 feet to a 5/8 inch iron rod with plastic cap stamped "KHN" set for corner; 3. South 56053134" West, a distance of 91.77 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the southwest corner of said 7.90 acre tract, common to the northwest corner of said Lot 1, Block 1, CVS Anna Addition, and on the easterly right-of-way line of U.S. Highway 75, from which an aluminum TxDot right-of-way monument found for witness bears South 33005'36" East a distance of 42.59 feet THENCE North 33005'36" West, along the westerly line of said 7.90 acre tract and along the easterly right-of-way line of U.S. Highway 75, passing en route at a distance of 19.67 feet a 1/2 inch iron rod with plastic cap stamped "WIN" found for witness, and continuing on said course a total distance of 142.58 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the westerly -most southwest comer of a called 18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records; THENCE departing the easterly right-of-way line of U.S. Highway 75, and crossing said 7.90 acre tract along the southerly line of said 18.551 acre tract, the following six (6) courses: 1. North 57034'17" East, a distance of 151.77 feet to a 5/8 inch iron rod with plastic cap stamped "KHN' set for corner at the beginning of a tangent curve to the left having a central angle of 4°31'07", a radius of 546.50 feet, a chord bearing and distance of North 55°18144" East, 43.09 feet; 2. In a northeasterly direction, along said curve to the left, an arc distance of 43.10 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 3. North 53°03'11" East, a distance of 99.23 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non -tangent curve to the left having a central angle of 4502444", a radius of 360.50 feet, a chord bearing and distance of South 67°03'51" East, 278.31 feet; 4. In a southeasterly direction, along said curve to the left, an arc distance of 285.73 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer at the end of said curve; 5. South 89146'13" East, a distance of 215.11 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 6. South 1056125" East, a distance of 287.52 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the southerly line of said 107.52 acre tract and on the northerly right-of-way line of said F.M. EXa®ITA-PAGE4 455 and from which a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for witness bears North 88°02'21" East a distance of 1.24 feet; THENCE South 85033'01" West, along the southerly line of said 107.52 acre tract and along the northerly right-of- way line of said F.M. 455, a distance of 97.56 feet to a point for corner at the east corner of said 0.006 acre tract, and at the beginning of a non -tangent curve to the left having a central angle of 0°57'40", a radius of 5060.00 feet, a chord bearing and distance of South 89113'04" West, 84.89 feet; THENCE in a southwesterly direction, continuing along the southerly line of said 107.52 acre tract and the northerly right-of-way line of said F.M. 455 and along the northerly line of said 0.006 acre tract, and with said curve to the left, an arc distance of 84.89 feet to the POINT OF BEGINNING and containing 3.040 acres (132,439 square feet) of land, more or less. TRACT3 BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and a portion of a called 7.90 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real property Records, and being more particularly described as follows: BEGINNING at a point on the westerly line of said 107.52 acre tract and on the easterly right-of-way line of U.S. Highway 75, from which a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found at the northwest corner of said 107.52 acre tract bears North 07°36'50" East a distance of 597.15 feet, North 06010154" East a distance of 200.06 feet, North 07036'50" East a distance of 1400.00 feet, North 05027'50" East a distance of 400.28 feet and North 10°28'35" East a distance of 360.20 feet; THENCE South 89046'13" East, departing the easterly right-of-way line of U.S. Highway 75 and crossing said 107.52 acre tract, passing en route at a distance of 39.78 feet a 5/8 inch iron rod with plastic cap stamped "KHA" set for witness at the northerly -most southwest corner of a called 18.551 acre tract of land described in the deed to Wal- Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real Property Records, and on the future easterly right-of-way line of U.S. Highway 75 per Notice of Lis Pendens recorded in Instrument No. 20150331000350710, said Real Property Records, and continuing on said course along the westerly line of said 18.551 acre tract, a total distance of 247.31 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE continuing across said 107.52 acre tract the following five (5) courses 1. South 09347" West, a distance of 363.50 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the left having a central angle of 35°30'28", a radius of 360.50 feet, a chord bearing and distance of South 17°31'27" East, 219.85 feet; 2. In a southeasterly direction, along said curve to the left, an arc distance of 223.41 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer at the end of said curve; 3. South 53°03'11" West, a distance of 96.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the right having a central angle of 4°31'07", a radius of 489.50 feet, a chord bearing and distance of South 55018'44" West, 38.59 feet; 4. In a southwesterly direction, along said curve to the right, an arc distance of 38.60 feet a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; Exounr A- PAGE 5 5. South 57°34'17" West, a distance of 152.43 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the westerly line of said 7.90 acre tract and on the easterly right-of-way line of U.S. Highway 75; THENCE North 33005'36" West, along the westerly line of said 7.90 acre tract and along the easterly right-of-way line of U.S. Highway 75, passing en route at a distance of 61.29 feet the aforesaid future easterly right-of-way line of U.S. Highway 75, witnessed by a TxDOT Aluminum right-of-way marker found for witness which bears South 03055' East, a distance of 2.7 feet, and continuing on said course a total distance of 155.43 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE North 06°31' 14" West, continuing along the westerly line of said 7.90 acre tract and the easterly right-of- way line of U.S. Highway 75, passing on route at a distance of 67.44 feet a 5/8 inch iron rod with plastic cap stamped "RPLS 5199" found for witness, and continuing on said course a total distance of 205.30 feet to a point for corner from which a 5/8 inch iron rod found for witness bears North 71°51' East, a distance of 0.35 feet; THENCE North 01054'12" East, continuing along the westerly line of said 7.90 acre tract and the easterly right-of- way ight-oRway line of U.S. Highway 75, a distance of 200.62 feet to a point for corner from which a 5/8 inch iron rod found for witness bears North 29032' East, a distance of 0.32 feet; THENCE North 07036'50" East, continuing along the westerly line of said 107.52 acre tract and the easterly right- of-way line of U.S. Highway 75 a distance of 202.85 feet to the POINT OF BEGINNING and containing 4.287 acres (186,763 square feet) of land, more or less. Exmrr A -PAGE 6 Exhibit B Walmart Property Deed Exwmix B —COVER PAGE Exhibit C Water Tower Site Deed EXHIBIT C-COVERPAGE Exhibit D Incentive Aereement EXHIBIT D -COVER PAGE I ,, DEVELOPMENT CORPORATION Meeting: July 1. 2015 Staff Contact: Jessica Perkins Exhibits: X Yes No Item No. 8 I •��1f!f Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution authorizing the expenditure for a Microsoft Surface the CDC's Chief Administrative Officer, SUMMARY: Staff is requesting to purchase a Microsoft Surface Tablet. The tablet will allow staff to work more easily on the go, edit documents such as minutes during meetings, and create and edit documents while traveling for work. The tablet costs approximately $800 and can be split between the two corporations. There are funds in the office supply line item to cover the cost. STAFF RECOMMENDATION: Staff recommends you approve the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR A MICROSOFT SURFACE FOR THE CHIEF ADMINISTRATIVE OFFICER WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds for a MicroSoft Surface for the Chief Administrative Officer; WHEREAS, the CDC intends that said funds be used solely for the Microsoft Surface; 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 Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's office supply account in the amount of no more than $_500_ for a Microsoft Surface for the Chief Administrative Officer. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2015. APPROVED: John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 W �� 00 0N O as Ln N rq tD m m O ■■> n V w E z c W r U d 1100 zO W � u m 0 u U O N w LL LL W w W LL W e I '^ivva c 7UE m m O ■■> n m w E z c W r U d 1100 O v u m 0 '^ivva LQ m 0 LD N O N la N . *. 0 0 0 0 0 0 w W as • 0 0 0 0 0 0 0 u u u u u u u Z Z Z Z Z Z Z H Z � 0 O 0u J (_9 0 N r o m H H IQ 0 x Z) 00 In m a) a) )n * <* T la N O N to N O O O O Z lz lz Z m O O • LQ L"• Lq N I, a) 11 m 0 m m m o a) a) a) ai ai of ai V d' N V to ti L u c to • O cN c O_ m u W m +O O N d O N O O' u N c > N O w L ti u cu o o as w mC Q 0) d `� C a) O bco � = C7 v> u H v Y a N N 'c w v m o m H m m N 'm .� a o u u u u +�+ p f= o. v> ,� .L. 0 o N H CL t t t Vf 'o w u C 'o 0 to V) to cn a Q Q u`. 0 0 U� • N N NMl 1111111 COMMUNITY DEVELOPMENT CORPORATION Meeting: July 1, 2015 Staff Contact: Jessica Perkins Exhibits: X Yes No Item No. 9 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding passing a resolution authorizing a line item budget amendment for the current fiscal year 2014-2015. SUMMARY: The proposed budget amendment is necessary to fund the branding project, but will not increase the total fiscal budget. STAFF RECOMMENDATION: Staff recommends you approve the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE FY 2014-2015 FISCAL YEAR BUDGET WHEREAS, effective October 1, 2014, the Anna Community Development Corporation (the "CDC') with the approval of the City of Anna City Council executed its current fiscal year budget; and WHEREAS, the CDC seeks to make a line item amendment its budget due to additional funds needed in the contract services line item and the promotional services line item. 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 Amendment to the Current Fiscal Year Budget The CDC Board of Directors hereby approves amending the Anna Community Development Corporation current fiscal year budget as set forth in Exhibit A, amended budget, attached hereto and incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2015. d••:• _ffl John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 4 0 8 O 8 a0o N h wag p m _ a Yi U Aloc G OU v m N q G «o=, �o2 Q K C K m m O U Q U U Uko'ij mbm 00 goo g8ggg��MM Ommm p b'i � OSg E�y7�6m��{�{yy it3 2ppSom Oomim O p3p�i� CMHH� mmmm yOj N h �NN NNNNNNNm� pnp Cwwl9 Mm 0 �ryV 'M W m b S8S MUM y bypS�N y� m OO {Bpp{yyO w�Ob pqqSp 1pSp1mm 8S Nlq SS 17bO 8S 1Spp 1p(NNy WN�VO 8 8 N a O a a G q t ms 'Oss (4 m`mf� vv°aegz _ t�tUM 3t 3 3 tUy ���[[c��t U ,3t O O O O O O u O O Q YNi y�j iO+f G 0 z a M m 0 N r N m y •� 4 v O m' N12 r cul N m c m � .m, o a g m'So COMMUNITY DEVELOPMENT CORPORATION Meeting: July 1. 2015 Staff Contact: Jessica Perkins Exhibits: _X_Yes No Item No. 10 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Consider/Discuss/Action regarding minutes from June 4, 2015. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve. MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION DEVELOPMENT Thursday, June 4, 2015 CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on Thursday, June 4, 2015, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order John Houcek called the meeting to order at 5:14 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Michael Williams, Alonzo Tutson, Connie Stump, and Lee Miller. Directors in abstention: Doug Hermann. A quorum was declared present and the floor was open for business. Others in attendance: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, attorney for CDC. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Discussion of performance agreement with Empowered Training Centre. This subject matter will be placed on the July agenda as an action item. 5. CLOSED SESSION (exceptions): a. Discuss or deliberate the purchase, exchange, lease, or value of real property. (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the 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) 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-04-2015 Regular CDC Minutes.doc c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087). Alonzo Tutson made a motion to move to Closed Session that was seconded by Lee Miller. Motion carried and the meeting moved to Closed Session at 5:16 p.m. After matters at hand were discussed, Lee Miller made a motion to return to Open Session. The motion was seconded by Michael Williams. Motion carried and the meeting moved to Open Session at 5:34 p.m. 6. Review of fiscal year finance statements. A copy of the CDC 2014-2015 Check Ledger was attached to the meeting packet stating transactions from 10/20/2014 to 4/20/2015. Review of fiscal year finance statements will be discussed at a later date. Discussion of marketing opportunities. It was suggested by various Directors that the ads to be placed in various brochures be delayed until the City completes its branding project and that more monies be invested in tech publications. 8. Consider/Discuss/Action regarding minutes from May 7, 2015. After the minutes were reviewed by individual Directors, Michael Williams made a motion to accept the minutes with correction (change word from "of' to "if') in Paragraph No. 5. Alonzo Tutson seconded the motion. Motion passed. [THIS SPACE INTENTIONAL LEFT] 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-04-2015 Regular CDC Minutes.doc 9. Adjourn. Lee Miller made a motion to adjourn the meeting. Alonzo Tutson seconded the motion. Motion carried and the meeting adjourned at 5:49 p.m. APPROVED: John Houcek President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-04-2015 Regular CDC Minutes.doc