HomeMy WebLinkAboutCDCpkt2016-06-02MEETING AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
June 2. 2016 at 5:00 p.m.'
ANNA CITY HALL ADMINISTRATION BUILDING,
111 N. POWELL PKWY., ANNA, TEXAS
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The Anna Community Development Corporation will conduct a meeting at 5:00 D.m.' on
June 2. 2016 at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
1. Call to Order. 5, G If yV,
2. Roll Call and Establishment of Quorum. 1
3. Invocation and Pledge. -
4. Discussion regarding reallocation of sales tax revenue. C
5. Consider/Discuss/Action regarding approving aesol t o l authorizing Birkhoff,
Hendricks, and Carter to provide general engineering services for improvements to
Natural Springs Park including the parking lot and driveway plan and the boundary
and design. surveys.
6. CLOSED SESSION (exceptions):
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072) land 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
I 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 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.
(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); land.
7. Consider/Discuss/Action regarding adopting asolutio authorizing a
contract for land.
I t.�
8. Consider/Discuss/Action regarding accQpting Lee Miller's resignation
boar
9. Consider/Discuss/Action regarding minutes from May 5, 2016.
10. Adjourn. /�4t
This is to certif , tHaf I J P
purchase
from t� L(
esslca erklns, Chief Administrative Officer, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m. on May 30, 2016.
Ci4.H-
Jes c Perkin 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 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 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
in so that appropriate arrangements can be made.
Meeting: June 2. 2016
Staff Contact: Jessica Perkins
Item No. 4
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Discussion regarding reallocation of sales tax revenue. (Clayton
Fulton)
SUMMARY: The City Council is reviewing options for revenue for road construction.
A reallocation of sales tax is one of the options. A reallocation of the percentage of sales
tax revenue is viable funding option. The reallocation of sales tax can only be changed
by a vote of Anna residents.
STAFF RECOMMENDATION: n/a.
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: June 2, 2016
Staff Contact: Jessica Perkins
Item No. 5
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution
authorizing Birkhoff, Hendricks, and Carter to provide general engineering services for
improvements to Natural Springs Park including the parking lot and driveway plan and
the boundary and design surveys.
SUMMARY: The board previously approved a professional services agreement with
Birkhoff, Hendricks, and Carter with the intent of utilizing their services for
improvements for Natural Springs Park.
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
ENGINEERING SERVICES FOR IMPROVMENTS AT NATURAL SPRINGS PARK
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for Engineering Services for improvements to Natural Springs Park
related to the parking lot and driveway; and
WHEREAS, the CDC intends that said funds be used solely for Engineering Services
for improvements at Natural Springs Park related to the parking lot and driveway.
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 other
capital expenditures line item in the amount of no more than $ 26.000 for
Engineering Services for improvements at Natural Springs Park related to the parking
lot and driveway further detailed in Exhibit A attached hereto.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of 2016.
APPROVED:
John Houcek, CDC President
ATTEST:
Sherilyn Godfrey, CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATTHICKEY, BE.
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, 111, P.E.
DEREK E, CHANEY, RE
CRAIG M, KERKHOFF, P.E,
Dallas, Texas 75243 Phone (214) 361-7900
Mr. John Houcek
President
City of Anna, Community Development Corporation
111 North Powell Parkway
Anna, Texas 75409
Re: General Engineering Services — Task Order
Natural Springs Park
Dear Mr. Houcek:
June 1, 2016
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In accordance with your request and our existing general engineering services agreement, we are
pleased to submit this General Services Task Order letter for services related to the preparation of
plans, specifications, bidding documents and contract administration for the:
Natural Springs Park — Parking Lot Design
GENERAL PROJECT DESCRIPTION
This project consists of the design of a parking lot for the Natural Springs Park along with the
driveway connection to FM 455. The drainage for the parking lot will be directed to existing ponds,
and a drainage analysis of the ponds is not included with this project.
A Project Location Map marked "Exhibit A" is attached hereto and made a part of this Task Order.
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Mr. John Houcek
General Services Task Order: Natural Springs Park
June 1, 2016
Page 2 of 5
Based on our understanding of the project requirements, our opinion of probable project budget is
summarized below:
Natural Springs Park
Opinion of Probable
Construction Cost
$145,343.90
Quality Control and Material
Testing
$3,633.60
Basic Engineering and
Additional Services
$18,900.00
Total Project Budget
$167,877.50
A copy of our itemized opinion of cost is attached as Appendix A for reference only.
SCOPE of SERVICES
This project includes design services only. Bidding and Construction Administration services are not
included, and will require an additional task order or can be provided hourly under the general service
agreement with the CDC.
Part I: Design Phase — Parking Lot Phase 1
Preparation of construction plans and specifications for the following:
A. Construction Plan -Profile Sheets of the drive prepared at a scale of not less than
I"= 20'.
B. Standard Details.
C. Special Details.
D. Cover Sheet, Location Map and Sheet Index.
E. Submittals to State Regulatory Agencies, as required.
F. Preparation of required Texas Department of Transportation permits, as required.
G. Coordination with other Franchise Utility companies.
H. 2 -Design review meetings.
I. Opinion of Probable Construction Estimate.
Preparation of Specifications and Contract Documents.
Texas American Public Works Association 2010 Awardee
Environmental Project ofthe Year $10 - $100 Million
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Mr. John Houcek
General Services Task Order: Natural Springs Park
June 1, 2016
Page 3 of S
K. Assist in procuring geotechnical engineering information or reports as the project
requirements dictate.
L. Printing of preliminary plans and specifications for review by the City.
Part II: Additional Services
A. Design, Property and Construction Surveys.
B. Printing of final plans and specifications for distribution to prospective bidders and
the successful contractor.
Part III: Exclusions
The intent of this scope of services is to include only the services specifically listed
herein and none others. Services specifically excluded from this scope of services
include, but are not necessarily limited to the following:
A. Environmental impact statements and assessments.
B. Fees for permits or advertising.
C. Certification that work is in accordance with plans and specifications.
D. Environmental cleanup.
E. Landscape architecture.
F. Flood plain reclamation plans.
G. Trench safety designs.
H. Quality control and testing services during construction.
I. Services in connection with condemnation hearings.
J. Phasing of Contractor's work.
K. On-site safety precautions, programs and responsibility.
L. Consulting services by others not included in proposal.
M. Revisions and/or change orders as a result of revisions after completion of original
design (unless to correct error on plans).
N. Traffic engineering report or study.
O. TxDOT Roadway improvements
P. Drainage Studies
Q. Title searches.
Texas American Public Works Association 1010 Awardee
Environmental Project ofthe Year $10 - $100 Million
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Mr. John Houcek
General Services Task Order: Natural Springs Park
June 1, 2016
Page 4 of 5
COMPLETION SCHEDULE
Notice to Proceed From City
Submit Preliminary Plans to City .............
Receive Comments from City: .......................
:E
4 Weeks after NTP
6 Weeks after NTP
Complete Final Plans & Bidding Documents ...................... 8 Weeks after NTP
Advertise Project for Bids (after land rights secured): ....... At City's Direction
Construction Phase: .............................................................. 3 months
FEE NOT TO EXCEED AMOUNT
Basic Services (Parts 1)
Payment for the Basic Services described under Part I shall be on a Lump Sum Basis and not exceed
$13,500 without written authorization from the CDC.
Additional Services (Part II)
For the Additional Services described in Part II, we propose to be compensated on a salary cost basis
times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. The two man survey crew
will be billed at a crew rate of $155 per hour. Automobile mileage for special services will be
invoiced at $0.50 per mile.
We suggest you budget approximately $5,400 in the following amounts for our services for this
project:
A. Design and Boundary Surveys
$4,900
B. Preparation of Plat and Field Note
$0
Descriptions
C. Printing of Plans & Specifications
$500
Total Additional Service
$5,400
Not to Exceed Amounts
Texas American Public Works Association 2010 Awardee
Environmental Project ofthe Year $10 - $100 Million
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Mr. John Houeek
General Services Task Order: Natural Springs Park
June 1, 2016
Page 5 of 5
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING CONTACT INFORMATION
Recipients of professional land surveying services under this agreement may direct complaints
regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle,
Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253.
If this General Engineering Services Agreement Task Order meets with your approval, please sign
and return one set to our office along with your directive to proceed. We look forward to working
with you on this important project for the City of Anna CDC and are available to discuss this task
further at your convenience.
Sincerely,
kvv V"O�/
raig M. Kerkhoff, P.E.
APPROVED FOR THE CITY OF ANNA, TEXAS
Mr. John Houcek, President Date
cc: Ms. Jessica Perkins, Economic Development Officer
Mr. Maurice Schwanke, Director of Planning & Development
Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
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BH2KHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Client: City of Anna, Texas
Project: 2016 Natural Springs Parking Exhibit Phase 1
24'W x 450% plus parking lot
Project No, Busdev
Date: 1 -Jun -16
ENGINEER'S OPINION OF CONSTRUCTION COST
By: CMK
Item No.
I Description
I Quflntity
I Unit
I Prime
I Amount
1
Unclassified Roadway Excavation
772
C.Y.
$ 18.00
$ 13,896.00
2
Furnish & Install 6 -Inch Thick Reinforced Concrete Drive (Class C-3600 psi
@ 28 Days)
2,317
S.Y.
$ 40.00
$ 92,680.00
3
Furnish & Install 4 -Inch Wide Painted White Stripe
440
L.F.
$ 1.50
$ 660.00
4
IF,mi,h & Install Lime Slurry (A32#/S.Y.)
37
TON
$ 200.00
$ 7,400.00
5
Construct 6 -Inch Lime Stabalized Subgrade
2,500
S.Y.
$ 4.00
$ 10,000.00
6
Furnish Erosion Control Plan
1
L.S.
$ 1,000.00
$ 1,000.00
7
Furnish, Install, Maintain and Remove Erosion Control Devices
500
L.F.
$ 1.50
$ 750.00
8
$
Subtotal:
$ 126,386.00
Contingencies and Miscellaneous Items
15%
$ 18,957.90
Construction Total:
$ 145,343.90
Engineering and Survcying Surveying
$ 18,900.00
Oualitv Control & Materials Testing 3rd P
2.5%
$ 3,633.60
Project Total:
$ 167,877.50
USE:
$ 168,000.00
L:VmS ConlDevVmna CD10=6 Natural Springs ParkINSP Estimates PH1 As Page I of /
R
t
0 100 200
HORIZONTAL SCALE IN FEET
t000
L} m
-EXHIBIT A
{
PROPOSED DRIVEWAY
AND PARKING AREA
FOR NATURAL
i J SPRINGS PARK TRAIL
2016 NATURAL SPRINGS
PARKING EXHIBIT
CITY OF ANNA, TE%A9
M birkhoff,
hendricks &
carter, L.L.P.
Meeting: June 2, 2016
Staff Contact: Jessica Perkins
Item No.6
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) land.
SUMMARY: n/a
STAFF RECOMMENDATION: n/a
DEVELOPMENT
CORPORATION
Meeting: June 2, 2016
Staff Contact: Jessica Perkins
Item No. 7
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding adopting a resolution
authorizing a purchase contract for land.
SUMMARY: The EDC board has been pursuing a land purchase for several months
with the intent to market the land as a Business or Tech Park to increase employment in
Anna and diversity the tax base. EDC staff has negotiated a sales price per the board's
instructions for the property generally located at the Northeast corner of hwy. 5 and the
Collin County Outer Loop. The potential land purchase is approximately 85 acres and
planned to be zoned as an employment district. After reviewing financing options it was
determined that the best course of action is for the CDC and EDC to jointly purchase the
property.
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING A LAND PURCHASE CONTRACT
WHEREAS, the Anna Community Development Corporation (the "CDC") intends to
purchase property found by the board to promote or expand new or expanded
business development; and
WHEREAS, the CDC has determined that purchasing property is in the financial
interests of the CDC;
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 Financing Agreement
The CDC hereby authorizes the attached Exhibit E purchase agreement along with
any associated documents (collectively, the "Purchase Documents") necessary to set
forth an arrangement between the CDC and the Seller.
Authority to fully execute the Land Purchase Contract (Exhibit E) is subject to final
review of 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 2016.
APPROVED:
CDC President, John Houcek
ATTEST:
CDC Secretary, Sherilyn Godfrey
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
EXHIBIT "E"
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 and by
Title Company to acknowledge receipt of the Earnest Money. Buyer must deliver the Earnest Money to Title
Company and obtain Title Company's signature before the Earnest Money Deadline provided in section A.1. for
this contract to be effective.
Seller:
Harlan Properties, Inc.
Address:
2404 Texas Dr Ste 103
Irving, TX 75062-7011
c/o Suresh Shridharani
Phone:
(972) 659-0655 x 110
Type of entity:
Texas Corporation
Buyer: Anna Economic Development Corporation and
Anna Community Development Corporation or Assigns
Address: 111 N. Powell Parkway
P.O. Box 776
Anna, TX 75409-0776
c/o Jessica Perkins
Phone: (972)924-3325
Type of entity: Anna Economic Development Corporation — a Type A Development Corporation;
Anna Community Development Corporation — a Type B Development Corporation
Property: Approximately 85.6 gross acres of real property out of that certain 246.815 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:
Address:
Phone:
Underwriter:
Purchase Price
Cash portion:
Total purchase price:
Reunion Title Company
2404 Texas Drive, #102
Irving, Texas 75062
c/o Alana Bailey
(972)871-7000
Title Company's choice.
$2,810,000.00
$2,810,000.00
Additional Consideration. At Buyer's sole cost and in accordance with applicable municipal requirements,
subsequent to Closing, Buyer will provide and install a domestic water line to
Clemmons Creek to be available for the future development of Seller's remainder
land. Size, timing and location of the line shall be determined by the City of Anna
in its sole discretion. This is not a waiver of any impact fees or other development
fees that may be applicable to Seller's remainder land or any other tract or parcel.
Real Estate Sales Contract Page 1 of 9
Earnest Money: $50,000.00
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
Title Company.
2. Delivery of Title Commitment: twenty-one (2 1) days after the Effective Date.
3. Delivery of UCC Search: twenty (20) days after the Effective Date.
4. Delivery of legible copies of instruments referenced in the Title Commitment and UCC Search:
twenty (20) days after the Effective Date.
5. 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.
6. 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.
Survey: fifteen (15) days after the Effective Date.
8. 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 (the "Materials") to Buyer.
Alternatively, Seller represents that Seller has none of the foregoing Materials in Seller's possession.
9. 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"). Alternatively, Seller represents that Seller has none
of the foregoing Notifications in Seller's possession.
B. Closing Documents
At closing, Seller will deliver the following items:
General Warranty Deed, subject only to the Permitted Exceptions
Bill of Sale and Assignment
IRS Nonforeign Person Affidavit
Evidence of Seller's authority to close this transaction
Real Estate Sales Contract Page 2 of 9
2. At closing, Buyer will deliver the following items:
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 are attached to and are a part of this contract:
Exhibit A—Description of the Property
Exhibit B—Representations; Environmental Matters
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
Property. The promises by Buyer and Seller stated in this contract are the consideration for the formation of this
contract.
E. Interest on Earnest Money
Buyer may direct Title Company to invest the Earnest Money in an interest-bearing account in a federally
insured financial institution by giving notice to Title Company and satisfying Title Company's requirements for
investing the Earnest Money in an interest-bearing account. Any interest earned on the Earnest Money will be paid
to the party that becomes entitled to the Earnest Money.
F. Title and Survey
1. Review of Title. 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 one hundred and twenty (120) days (the "Feasibility
Review Period") after the date which is the later of the dates on which Buyer receives the Title Commitment
(together with legible copies of the title instruments referenced therein) and the Survey 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. 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 in which event the Earnest
Money shall be fully and completely refunded to Buyer.
Real Estate Sales Contract Page 3 of 9
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, UCC Search, and Legible Copies. Seller must deliver the Title
Commitment to Buyer by the deadline stated in section A.2.; the UCC Search by the deadline stated in section A.3.;
and legible copies of the instruments referenced in the Title Commitment and UCC Search by the deadline stated in
section A.4.
6. Title Objections. Buyer has until the deadline stated in section A.5. ("Title Objection Deadline") to
review the Title Commitment, UCC Search, legible copies of the title instruments referenced in them, 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, and UCC Search 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 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, 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. 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").
G. Condition of the Property until Closing; Cooperation; No Recording of Contract
1. Maintenance and Operation. Until closing, Seller will (a) periodically mow and 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
Real Estate Sales Contract - Page 4 of 9
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.
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. The Earnest
Money will be applied to the Purchase Price.
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 the
other Closing Documents directed to be recorded, and distribute documents and copies in
accordance with the parties' written instructions.
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, UCC Search, and
certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments
described in section A.4.; 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. At closing Seller agrees to credit Buyer
Real Estate Sales Contract Page 5 of 9
for the cost of the survey up to the maximum amount of $2,500.00.
C. Ad Valorem Taxes. As permitted under IRC 5016 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 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), Seller shall
pay to Buyer the additional taxes plus any penalties and interest immediately upon a
written statement therefor. The parties' obligations under this paragraph shall survive the
Closing.
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 ("Buyer's Broker") and Cameron Co. ("Seller's Broker"). In the event of
Closing hereof, Seller shall pay a commission to the brokers equal to the sum of (i) six
percent (6%) of the Fust $1,000,000 and (ii) three percent (3%) of the remaining Purchase
Price (the "Fees"). Said Fees shall be equally divided between Buyer's Broker and 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 remedy is to either (i) enforce specific performance of Seller's obligations
under this contract, or (ii) terminate this contract by written notice to Seller in which event the Earnest Money shall
be delivered to Buyer. If title to the Property is awarded to Buyer, the conveyance will be subject to the Permitted
Exceptions.
2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's
Default"), Seller, as its sole and exclusive remedy, shall have the right to terminate this contract by giving notice to
Buyer on or before the Closing Date and have the Earnest Money paid to Seller as liquidated damages (and not as a
penalty). Seller waives any remedy for damages.
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 that
Real Estate Sales Contract - Page 6 of 9
the Earnest Money and the amounts 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 Buyer:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Counsel for Seller:
2. Entire 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.
Amendment. This contract may be amended only by an instrument in writing signed by the parties.
4. Assignment. This contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns. This contract is fully assignable. Seller agrees that if Buyer assigns its rights
under this Agreement to a party who fully assumes Buyer's obligations and liabilities: (1) Buyer will be fully
released from all of its obligations and liabilities under this contract; and (2) the assignee(s) shall be entitled to
enforce this contract as against Seller, including but not limited to, the remedy of specific performance.
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; Alternative 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.
Real Estate Sales Contract Page 7 of 9
8. No Third -Party Beneficiaries. 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.
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.
ii. ) To the best of Seller's current knowledge, but WITHOUT WARRANTY, water, sanitary sewer
and electric power line are available at the Property (excluding storm sewer).
iii. ) Buyer will determine to Buyer's satisfaction that, within the Property area, at least two (2)
entry/exit drives will be permitted each on (a) County Road 421 and (b) the Collin County Outer
Loop (with at least one median cut).
iv. ) Buyer will secure any necessary use permits, platting and signage requirements and Seller
agrees to cooperate as necessary to accomplish such.
SELLER:
Harlan Properties, Inc.
BY:
[Name of authorized signatory], its [Title]
Date:
Real Estate Sales Contract Page 8 of 9
�e1!'dm
Anna Economic Development Corporation and
Anna Community Development Corporation or Assigns
BY:
[Name of authorized signatory], its [Title]
Date:
Title Company acknowledges receipt of Earnest Money in the amount of $ and a copy
of this contract executed by both Buyer and Seller.
Reunion Title Company
[Name of authorized signatory], its [Title]
Date:
Real Estate Sales Contract Page 9 of 9
Exhibit A
Description of the Property
SELLER NEEDS TO SUPPLY LEGAL DESCRIPTION
Real Estate Sales Contract Page Solo
EXHIBIT B
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 Texas 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 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
Real Estate Sales Contract Page 1 of
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 B.
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 PERSONAL PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
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
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
Exhibit B Page 2 or 3
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 B Page 3 of'3
CERTIFIED AGENDA
Closed Session
OF
ANNA ECONOMIC DEVELOPMENT CORPORATION
The Anna Economic Corporation of the City of Anna convened to Closed
Session at 5:13 p.m. on Thursday, May 5, 2016, after first convening in an open
meeting for which notice had been posted as required by law, a quorum being
present, during which open meeting the presiding officer thereof publicly announced
this Closed Session and identified the purpose thereof as authorized under the
Texas Open Meetings Act (Texas Government Code, Chapter §551) the following
matter(s) and action thereon, was subject to deliberation during such Closed
Session:
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't
Code §551.072).
b. 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).
Connie Stump read the foregoing into the record. John
Houcek made a motion to enter Closed Session. The motion was
seconded by Lee Miller. The Board entered into Closed Session at
5:13 p.m. After discussing the matters at hand, Doug Hermann
made a motion to return to Open Session. The motion was
seconded by Brent Thomas. The Board returned to Open Session
at 5:46 p.m.
As the presiding officer of the Closed Session of the Economic Development
Corporation, as above -referenced, I do certify that the above and foregoing is a true
and correct record of the proceedings thereof.
Economic Development Corporation
Constance Ann Stump, President
05-05-2016 Certified Agenda of EDC
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: June 2, 2016
Staff Contact: Jessica Perkins
Item No. 8
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding accepting Lee Miller's resignation
from the board.
SUMMARY: Lee Miller was recently elected to serve on City Council.
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
IJ
Jessica Perkins
From:
Lee Miller <leemer!da@msn.com>
Sent:
Tuesday, May 24, 2016 4:17 PM
To:
Jessica Perkins
Subject:
EDC & CDC board resignation
Jessica Perkins, EDC & CDC members,
Due to my recent election to the Aima City Council, I will need to resign my positions with the Economic
Development Corporation and the Community Development Corporation. I am grateful for the opportunity to
have served with such an amazing group of people. Many thanks to all!
Sincerely,
Lee Miller
CORPORATION
Meeting: June 2, 2016
Staff Contact: Jessica Perkins
Item No. 9
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding minutes from May 5, 2016.
SUMMARY: n/a
STAFF RECOMMENDATION: Staff recommends you approve.
,, t,
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, May 5, 2016
COMMUNITY
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation ("CDC') of the City of Anna met at
5:00, p.m., on Thursday May 5, 2016, at the Anna City Hall Administration Building,
111 North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 5:02 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, Doug Hermann, Brent Thomas (5:05
p.m.), Connie Stump, Lee Miller, and Michael Williams.
Directors in Abstention: Alonzo Tutson.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica
Perkins, Chief Administrative Officer.
3. Invocation and Pledge.
John Houcek gave the invocation and led the group in the Pledge of Allegiance.
4. Update from the Greater Anna Chamber President, Michael Mixson.
Mr. Mixson took the opportunity to speak before the Board as the new president
of the Greater Anna Chamber. He briefly outlined what the Chamber wants to
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and
will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation.
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 concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable 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.
05-05-2016 Regular CDC Minutes.doc 1
accomplish in the upcoming year. He reiterated to the Board, on behalf of the
Chamber, that a continuous relationship of good will and financial support is
desired.
5. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex.
Gov't Code §551.071).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); agreement with Em-
powered Training Centre.
Skipped.
7. Consider/Discuss/Action regarding minutes from April 7, 2016.
Brent Thomas made a motion to accept the minutes as written. Michael Williams
seconded the motion. Motion passed.
9. Adjourn.
Connie Stump made a motion to adjourn the meeting. Doug Hermann seconded
the motion and the meeting adjourned at 5:10 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
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 concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable 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.
05-05-2016 Regular CDC Minutes.doc