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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 os v;ao w,u-i � i cr�urok„ii�,r 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 Ww .bhcllp.coln 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. T BPE Firm 526 ACEC Wellness Firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 Id7015... 1devleoneode@016 oeWal springs puMm... 1epd.go perk -Ink wthoflvdbo formal e.ro .,i.W do.. 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 I WOO contde0ann r cd62016 natural springs parktratuml springs pad -task w@orization Human agreemem reviscd docs Texas Firm F526 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 I:\9015 conld.Vmma c W016 m omal a omp pmkmatural spdaee perk -teak a nhorimrion former a,Ircam mt indeed docx Texas Firm F526 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 I:17015 wntdwlanns W62016 nawrzl springs pmkWt ..I springs perk - ,k euftd. i.. fmm t 4.ut rcvised.d.. Texas Firm F526 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 I:V015 wnldMenne WeV016 wunl vdng perkWtuml epria puk Oak w1hodmtian format egme.mn Oadd.m Texas Firm F526 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