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HomeMy WebLinkAbout2018-05-08 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, May 8, 2018 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on May 8, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Briefing/Discussion regarding the FY 2019 General Fund prelimininary revenue estimates. (Dana Thornhill) 3. Briefing/Discussion regarding the proposed Oak Ridge development. (Maurice Schwanke) 4. Briefing/Discussion on municipal facilities. (Maurice Schwanke) 5. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or 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; code enforcement action (Tex. Gov't Code §551.071) b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager, Police Chief, and related contracts and appointments d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation; possible incentive agreements with commercial property developers; pending negotiations on development agreements The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 7. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, 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 4, 2018. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Minna AGENDA ITEM: Item No. 2. City Council Agenda Staff Report Meeting Date: 5/8/2018 Briefing/Discussion regarding the FY 2019 General Fund prelimininary revenue estimates. (Dana Thornhill) SUMMARY: Staff will review the FY 2019 preliminary General Fund revenue estimates. STAFF RECOMMENDATION: No action by Council is required at this time. THE CITY OF Minna AGENDA ITEM: Item No. 3. City Council Agenda Staff Report Meeting Date: 5/8/2018 Briefing/Discussion regarding the proposed Oak Ridge development. (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: THE CITY OF Minna AGENDA ITEM: Briefing/Discussion on municipal facilities. (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: Item No. 4. City Council Agenda Staff Report Meeting Date: 5/8/2018 AGENDA THE CITY OF Regular City Council Meeting AAAa Tuesday, May 8, 2018 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on May 8, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation recognizing National Public Works Week 2018. (Joseph Johnson) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Meeting Minutes for April 24, 2018. City Secretary b. Approve a Resolution designating the City Manager as the Authorized Official for the RMS Enhancements for NIBRS Compliance Grant (#36796-01) (Chief Caponera) 6. Consider/Discuss/Act approving a resolution authorizing the execution of a real estate lease contract for property located at 709 North Powell Parkway to temporarily relocate the Fire Department during construction of a new fire station. (Jessica Perkins) 7. Consider/Discuss/Act on a Resolution appointing a member to the Greater Texoma Utility Association Board of Directors. (City Council) 8. Consider/Discuss/Act on a nomination to the RTC Board of Directors. (Mayor) 9. Consider/Discuss/Act on appointment to fill a vacancy on the Neighborhood Design Advisory Committee. (City Secretary) 10. Consider/Discuss/Act on a Resolution authorizing the execution of Boundary Adjustment Agreement Between the Municipalities of Melissa and Anna (the "Agreement"). (City Manager) 11. Consider/Discuss/ Act on a Resolution extending the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) 12. Consider/Discussion/Act on potential vacancy for City Council Place 2. (City Council) 13. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or 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; code enforcement action (Tex. Gov't Code §551.071) b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager, Police Chief, and related contracts and appointments d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation; possible incentive agreements with commercial property developers; pending negotiations on development agreements The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 15. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, 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 4, 2018 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/8/2018 Proclamation recognizing National Public Works Week 2018. (Joseph Johnson) SUMMARY: Public Works employees provide and manage the foundational infrastructure that enable a City to thrive. As part of Public Works' initiative to highlight the positive benefits that we provide to our community, we celebrate National Public Works Week each year. This year, we are planning an event for May 25, 2018 between 6:30 PM and 8:30 PM at the Slayter Creek Park Pavilion. At the event we will have equipment on display and a well-known food vendor will be on -hand to provide hamburgers for the event. Our goal is to engage in and promote open communication with our citizens while highlighting the valuable service that Public Works provides. This year's theme for Public Works Week is "The Power of Public Works". The theme highlights the impact the many facets of public works have on modern civilization. From providing clean water to disposing of solid waste, to planning for and building roads and bridges, or implementing emergency management strategies to meet natural or manmade disasters, the contribution to quality of life through providing foundational infrastructure is powerful. This year's theme honors the vital contribution public works professionals make every day to communities all across North America, and it invites the public to celebrate their quiet dedication and indispensable influence on our way of life. STAFF RECOMMENDATION: Staff recommends designating May 20-26, 2018 as "National Public Works Week" in the City of Anna. ATTACHMENTS: Description Upload Date Type Proclamation 5/3/2018 Exhibit City of Anna, Texas Proclamation WHEREAS, public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people of the City of Anna, Texas, and, WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works professionals at all levels of government and the private sector, who are responsible for the planning, construction, operation, and maintenance ofpublic infrastructure including transportation, water supply, water treatment, solid waste systems and other services which are essential to serve our citizens, and, WHEREAS, it is in the public interest for civic leaders and citizens in the United States of America to gain knowledge of and to maintain an interest and understanding of the importance of public works and public works programs in their respective communities, and, WHEREAS, this year's theme "The Power of Public Works" highlights the powerful impact the many facets of Public Works have on modern society by enhancing the quality of life through transportation, clean water, and sanitation services, and, WHEREAS, the year 2018 marks the 58`h annual National Public Works Week sponsored by the American Public Works Association, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby designate the week of May 20-26, 2018, as f110fa- l4wl V t'114 / " if in the City of Anna and I urge our citizens and civic leaders to gain knowledge of Public Works and to recognize the contributions that our Public Works professionals make to our health, safety, welfare and quality of life. IN WITNESS WHEREOF, I hereunto set my hand this 8t1i day of May, 2018 and caused this seal to be affixed. Seal Nate Pike, Mayor Attest: Carrie L. Smith, City Secretary THE CITY OF AiAtia AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/8/2018 Approve the City Council Meeting Minutes for April 24, 2018. City Secretary SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Upload Date Type 5/4/2018 Backup Material 5/4/2018 Backup Material ANNA CITY COUNCI L MINUTES WORK SESSION April 24, 2018 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. All Council Members were present. 2. Discussion of City Manager and Chief of Police recruitments. (Mayor) 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or 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); property complaints b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager, Police Chief, and related contracts and appointments d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation; possible incentive agreements with commercial property developers; pending negotiations on development agreements MOTION: Council Member Martinez moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Pike recessed the open meeting at 6:34 p.m. Mayor Pike reconvened the open meeting at 7:15 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Council Member Beazley moved to accept Interim City Manager Bill Shipp's resignation effective immediately. Council Member Miller seconded. Motion carried 7-0 MOT ON: Council Member Martinez moved to terminate the contract for services with Texas First Group. Council Member Burr seconded. Motion carried 7-0. MOTION: Council Member Martinez moved to appoint Maurice Schwanke as interim city manager with no benefit changes only a monetary change of salary to that of a permanent city manager. Council Member Beazley seconded. Motion carried 7-0. 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:17 p.m. Approved on the May 8, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION April 24, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:30 p.m. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation proclaiming May the Month for Motorcycle Awareness. • Mayor Pike read and presented a Proclamation proclaiming May, Motorcycle Awareness Month. • Recognition of the Police Explorers by Chief Caponera. Announcement of a BBQ Fundraiser for the American Legion announced by Council Member Burr. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the Council Meeting Minutes for April 10, 2018. b. Review minutes of the Park Board meeting on March 19, 2018.(Maurice Schwanke) c. Review of minutes from the CDC meetings from January 11, 2018 and February 1, 2018. d. Review minutes from the EDC meetings from January 11, 2018 and February 1, 2018. MOTI ON: Council Member Miller moved to approve the consent agenda. Council Member Burr seconded. Motion carried 7-0. 6. Consider/Discuss/Act on a Resolution appointing a member to the Greater Texoma Utility Association Board of Directors. (City Council) Mr. Ty Chapman appointed to the Board of Director's has resigned. The Council will need to fill the vacancy created. The term will be for one-year expiring in December 2018. The qualifications for the position are as follows: (1) the person may not be a Director if he or she is an officer, employee, or member of the governing body of a municipal corporation, and (2) each Director shall be a qualified Elector of the city that nominates him or her. No action was taken. Item to be brought back at a future agenda. 7. Consider/Discuss/Action on a leaseback agreement for existing city hall. (Maurice Schwanke) Council Member Burr recused himself. After a proposed land exchange with Jonic Investments the City will still need to occupy the current city hall facilities until the new city hall is constructed. As such, Jonic Investments has agreed to leaseback the facilities at a very favorable rate of $10 per year until January 1, 2021 at which time the rate will change to $1,000 per month until the City vacates the premises to occupy the new City Hall. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A LEASEBACK OF PROPERTY OWNED BY JONIC INVESTMENTS, LLC, A TEXAS LIMITED LIABILITY COMPANY FOR USE AS CITY HALL FOR THE CITY OF ANNA. MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion carried 6-1. 8. Consider/Discuss/Action on a resolution approving a land trade for land on the new city hall site for the existing city hall site.(Maurice Schwanke) Council Member Burr recused himself. As part of the City Hall project the City is securing land currently owned by Jonic Investments, LLC, a Texas limited liability company by trading for the land currently occupied by City Hall with the difference in value being a cash transaction. As part of the sale agreement the City will be have a leaseback provision and wherein the cash payment is being reduced by $20,265 which represents three years of interest compounded annually on the sale amount difference of $315,000 at the rate of 2.1 %. The leaseback agreement wherein the rent for the leaseback of the current City Hall facility is $10 Annually. The rent will increase to $1,000 per month after January 1, 2021. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A LAND EXCHANGE FOR PROPERTY OWNED BY JONIC INVESTMENTS, LLC, ATEXAS LIMITED LIABILITY COMPANY FOR PROPERTY CURRENTLY USED AS CITY HALL FOR THE CITY OF ANNA. MOTI ON: Council Member Miller moved to approve. Council Member Bryan seconded. Motion carried 7-0. 9. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or 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); property complaints b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney Annual Review, City Manager, Police Chief and related contracts and appointments d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held by Economic Development Corporation; possible incentive agreements with commercial property developers; pending negotiations on development agreements MOTION: Council Member Martinez moved to enter closed session. Council Member Bryan seconded. Motion carried 7-0. Mayor Pike recessed the open meeting at 7:52 p.m. Mayor Pike reconvened the open meeting at 8:42 p.m. 10. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Burr moved to accept SGR's services for the City Manager search; subject to the City Attorney's approval of contract. Council Member Beazley seconded. Motion carried 7-0 11. Adjourn. Mayor Pike adjourned the meeting at 8:43 p.m. Approved on the May 8, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF AiAtia AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/8/2018 Approve a Resolution designating the City Manager as the Authorized Official for the RMS Enhancements for NI BRS Compliance Grant (#36796-01) (Chief Caponera) SUMMARY: This resolution is required by the Office of the Governor for all grants issued out of that office. The resolution designates the City Manager as the Authorized Official for the City of Anna. By designating the CM, he/she is authorized to apply, accept, decline, and otherwise authorize budget transactions for grant purposes. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Upload Date Type Resolution 5/4/2018 Resolution CITY OF ANNA, TEXAS Resolution No. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND DESIGNATING THE CITY MANAGER AS THE GRANTEE'S AUTHORIZED OFFICIAL OF THE GRANT APPLICATION FOR THE RMS EHANCEMENTS FOR NIBRS COMPLIANCE GRANT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION. WHEREAS, The City Council of the City of Anna finds it in the best interest of the citizens of the City of Anna that the Records Management System Enhancement for NIBRS Compliance Project be operated for the FY 2018 & FY 2019; and WHEREAS, The City Manager of the City of Anna agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City Council of the City of Anna assures that the funds will be returned to the Criminal Justice Division in full. WHEREAS, City Council of the City of Anna designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Anna approves submission of the grant application (Grant Number: 3679601) for the Records Management System Enhancement for NIBRS Compliance Project to the Office of the Governor, Criminal Justice Division. PASSED AND APPROVED this 8th day of May 2018. ATTEST: APPROVED: Carrie Smith, City Secretary Nate Pike, Mayor THE CITY OF a AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discuss/Act approving a resolution authorizing the execution of a real estate lease contract for property located at 709 North Powell Parkway to temporarily relocate the Fire Department during construction of a new fire station. (Jessica Perkins) SUMMARY: As a part of our municipal facilities project it is necessary to temporarily relocate the Fire Department. Staff scoured the area looking for the best alternative location. The property at 709 North Powell Parkway was the best fit for our needs and geographically close. The property is zoned as Commercial. The building is a single story 2120 sq ft building conveniently located on hwy. 5/Powell Parkway. The property has a large reception area surrounded by 2 open workspaces. There are 3 private offices, a full kitchen, and several storage closets. The office building sits on 1 acre lot with 8 parking spaces including 1 handicapped. There is an additional 4 acres behind the office building where we will erect a garage structure to house the Fire Department Apparatus. STAFF RECOMMENDATION: Staff recommends your approval. ATTACHMENTS: Description Upload Date Type 5-8-2018 CC Res. Lease for FD 5/3/2018 Resolution Lease Agreement 5/4/2018 Backup Material Property Condition Statement 5/4/2018 Backup Material Special Provisions 5/4/2018 Backup Material Exhibit A 5/4/2018 Backup Material Exhibit B 5/4/2018 Backup Material Summary Statement 5/4/2018 Backup Material Comm. Expense Reimb. Addendum 5/4/2018 Backup Material Addendum Lead Paint 5/4/2018 Backup Material Addendum Mold 5/4/2018 Backup Material How to Protect Yourself Lead Paint 5/4/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING A LEASE CONTRACT FOR PROPERTY LOCATED AT 709 NORTH POWELL PAKWAY FOR THE TEMPORARY RELOCATION OF THE ANNA FIRE DEPARTMENT WHEREAS, the City Council of the City of Anna has determined that the above - referenced land lease contract, further described in Exhibit A, is in the best interest of the City as a part of the municipal facilities project. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization to Execute the Agreement The City of Anna City Council hereby authorizes and approves a lease contract for property located at 709 North Powell Parkway (the "Agreement") attached hereto as EXHIBIT A. The City of Anna City Council further authorizes the City Manager to execute any associated documents necessary to consummate the lease subject to final review and approval of the City's Legal Counsel. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of , 2018. APPROVED: Mayor, Nate Pike ATTEST: City Secretary, Carrie L. Smith CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 ,,� TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS@ IS NOT AUTHORIZED ©Texas Association of REALTORS®, Inc. 2014 Table of Contents No. Paragraph Description Pg, No. Paragraph Description Pg_ 1. Parties.......................................................... 2 24. Assignment and Subletting ...........................11 2. Leased Premises ......................................... 2 25. Relocation.................................................... 11 3. Term 26. Subordination ............................................... 11 A. Term ...................................................... 2 27. Estoppel Certificates & Financial Info ...........11 B. Delay of Occupancy ............................... 2 28. Casualty Loss ............................................... 12 C. Certificate of Occupancy ........................ 3 29. Condemnation .............................................. 12 4. Rent and Expenses 30. Attorney's Fees.............................................12 A. Base Monthly Rent ................................. 3 31. Representations ........................................... 12 B. Additional Rent ....................................... 3 32. Brokers......................................................... 13 C. First Full Month's Rent ........................... 3 33. Addenda....................................................... 13 D. Prorated Rent ......................................... 3 34. Notices......................................................... 13 E. Place of Payment ................................... 3 35. Special Provisions ........................................ 14 F. Method of Payment ................................ 3 36. Agreement of the Parties..............................14 G. Late Charges ......................................... 4 H. Returned Checks ................................... 4 ADDENDA &EXHIBITS (check all that apply) 5. Security Deposit ........................................... 4 'X Exhibit A - Plat Map 6. Taxes............................................................ 4 [ Exhibit B - Temp. Structure & Flexbase 7. Utilities.......................................................... 4 ❑ Commercial Lease Addendum for Broker's Fee 8. Insurance...................................................... 5 (TAR-2102) 9. Use and Hours ............................................. 6 Ex] Commercial Lease Addendum for Expense 10. Legal Compliance ......................................... 6 Reimbursement (TAR-2103) 11. Signs............................................................ 6 ❑ Commercial Lease Addendum for Extension 12. Access By Landlord ...................................... 7 Option (TAR-2104) 13. Move -In Condition ........................................ 7 ❑ Commercial Lease Addendum for Percentage 14. Move -Out Condition ..................................... 7 Rent (TAR-2106) 15. Maintenance and Repairs ❑ Commercial Lease Addendum for Parking A. Cleaning ................................................. 7 (TAR-2107) B. Conditions Caused by a Party ................8 ❑ Commercial Landlord's Rules and Regulations C. Repair & Maintenance Responsibility i-1 8 (TAR-2108) D. Repair Persons ...................................... 8 ❑ Commercial Lease Guaranty (TAR-2109) E. HVAC Service Contract ......................... 9 ❑ Commercial Lease Addendum for Right of First F. Common Areas ...................................... 9 Refusal (TAR-2105) G. Notice of Repairs ................................... 9 ❑ Commercial Lease Addendum for Optional H. Failure to Repair .................................... 9 Space (TAR-2110) 16. Alterations.................................................... 9 ❑ Commercial Lease Addendum for Construction 17. Liens............................................................. 9 (TAR-2111) or (TAR-2112) 18. Liability......................................................... 9 ❑ Commercial Lease Addendum for 19. Indemnity...................................................... 10 Contingencies (TAR-2119) 20. Default.......................................................... 10 ❑X Addendum Regarding LBP - (TAR-2008) 21. Abandonment, Interruption of Utilities, [I Attachment A - Special Provisions Removal of Property & Lockout ....................10 [ Commercial Property Condition Statement 22. Holdover....................................................... 10 ❑ Information About Brokerage Services 23. Landlord's Lien & Security Interest ............... 11 (TAR-2501) (TAR-2101) 4-1-14 Initialed for Identification by Landlord L-P, and Tenant: Page 1 of 15 JP And Associates REALTORS - Frisco, 6175 Main Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Pkwy Sandy Setliff Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 AN TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS@ IS NOT AUTHORIZED. ©Texas Association of REALTORSO, Inc. 2014 1. PARTIES: The parties to this lease are: Landlord: Sumprop, LTD 7503 S. Ballantrae Dr, McKinney, TX 75070 ; and Tenant: City of Anna, Texas 111 N. Powell Parkway, Anna, TX 75409 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the "leased premises," along with all its improvements (Check only one box): 11 (1) Multiple -Tenant Property: Suite or Unit Number square feet of rentable area in at (address) in (city), Texas, which is legally described on attached Exhibit containing approximately ❑X] (2) Single -Tenant Property: The real property containing approximately rentable area at: 709 N. Powell Pkv (project name) (county), or as follows: 2120 square feet of (address) in Anna (city), Collin (county), Texas, which is legally described on attached Exhibit A - Plat Map" reflecting 5.123 acres of land, or as follows: all buildings and associated contents and improvements located on Lots 1 (one) and 2 (two), Pinkston Addition, City of Anna, Collin County, Texas 75409, and locally known as 709 Powell Parkway, Collin County Appraisal District Property IDs 2659767 and 2659768." B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑X will not be adjusted if re -measured. 3. TERM: A. Term: The term of this lease is 25 months and 18 days, commencing on: May 14, 2018 (Commencement Date) and ending on July 31, 2020 (Expiration Date). B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially G-P S (TAR-2101) 4-1-14 Initialed for Identification by Landlora , and Tenant: Page 2 of 15 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Certificate of Occupancy: Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit or as follows: Dates Rate per rentable square foot (optional) Base Monthly From To $ Monthly Rate $ Annual Rate Rent $ 05/14/2018 09/30/2018 / rsf / month / rsf / year 50.00 10/01/2018 07/31/2020 / rsf / month / rsf / year 3,022.63 / rsf / month / rsf / year / rsf / month / rsf / year / rsf / month / rsf / year B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑X (1) Commercial Lease Addendum for Expense Reimbursement (TAR-2103) ❑ (2) Commercial Lease Addendum for Percentage Rent (TAR-2106) ❑ (3) Commercial Lease Addendum for Parking (TAR-2107) ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent: The first full monthly rent is due on or before October 1, 2018 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: Sumprop, LTD Address: 7503 S. Ballantrae Dr McKinnev. TX 75070 F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant failsLely pay any amounts due under this lease or if any (TAR-2101) 4-1-14 Initialed for Identification by Landlord andTenant: Page 3 of 15 Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. G. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 10% of the amount due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay $ 25.00 for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ 3,600.00 to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) N/A (1) Water Landlord Tenant ❑X ❑ ❑ (2) Sewer ❑ ❑ ❑X (3) Electric ❑ ❑ ❑X (4) Gas ❑ ❑ ❑X (5) Telephone ❑ ❑ ❑X (6) Internet ❑ ❑ (7) Cable ❑ ❑ ❑X❑ (8) Trash ❑ ❑ 0 (9) ❑ ❑ ❑ ❑ ❑ ❑ (10)AII other utilities B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or conn-ection charges for which Tenant is responsible to pay IDS (TAR-2101) 4-1-14 Initialed for Identification by Landlor LPI , and Tenant: Page 4 of 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After -Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) ❑ (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of $ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. ❑X❑ (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: A. During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and effect from an insurer authorized to operate in Texas: (1) public liability insurance naming Landlord as an additional insured with policy limits on an occurrence basis in a minimum amount of: (check only (a) or (b) below) ❑ (a) $1,000,000; or ❑X❑ (b) $2,000,000. If neither box is checked the minimum amount will be $1,000,000. (2) personal property damage insurance for the business operations being conducted in the leased premises and contents in the leased premises in an amount sufficient to replace such contents after a casualty loss; and ❑ (3) business interruption insurance sufficient to pay 12 months of rent payments; B. Before the Commencement Date, Tenant must provide Landlord with a copy of insurance certificates evidencing the required coverage. If the insurance coverage is renewed or changes in any manner or degree at any time this lease is in effect, Tenant must, not later than 10 days after the renewal or change, provide Landlord a copy of an insurance certificate evidencing the renewal or change. C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect, Landlord may: (1) purchase insurance that will provide Landlord the same coverage as the required insurance and Tenant must immediately reimburse Landlord for such expense; or (2) exercise Landlord's remedies under Paragraph 20. D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: (1) fire and extended coverage in an amount to cover the reasonable replacement cost of the improvements of the Property; and (2) any public liability insurance in an amount that Landlord determines reasonable and appropriate. E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this IEOSI@SiS in effect, pay Landlord the increase immediately (TAR-2101) 4-1-14 Initialed for Identification by Landlord: G�a and Tenant: Page 5 of 15 Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: City of Anna Fire Station including personnel offices, staff/volunteer sleeping quarters and housing of fire service vehicles and eauiament B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 hours/day, 7 days per week 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by independently investigating all matters related to the use of the leased premises or Property. Tenant agrees that it is not relying on any warranty or representation made by Landlord. Landlord's agent, or any broker concerning the use of the leased premises or Property. 11. SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. L—�Pil (TAR-2101) 4-1-14 Initialed for Identification by Landlord, and Tenant: Page 6 of 15 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move - out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs or decorations that were placed on the Property or leased premises by or at the request of Tenant. Any signs or decorations that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12. ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 60 days of this lease, Landlord may place a "For Lease" or similarly worded sign on the leased premises. 13. MOVE -IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as -is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made no express or implied warranties as to the condition or permitted use of the leased premises or Property. 14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move - out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord ❑X Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property whip Tenant uses, including but not limited to periodic (TAR-2101) 4-1-14 Initialed for Identification by Landlord L_�Pil , and Tenant: Page 7 of 15 Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) N/A Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components ..... ❑ � _X ❑ (2) Glass and windows............................................................................. ❑ ❑ ❑X (3) Fire protection equipment................................................................... ❑ ❑ ❑X (4) Fire sprinkler systems........................................................................ ❑X ❑ ❑ (5) Exterior & overhead doors, including closure devices, molding, locks, and hardware........................................................................... ❑ ❑ ❑X (6) Grounds maintenance, including landscaping and irrigation systems.............................................................................................. ❑ ❑ ❑X (7) Interior doors, including closure devices, frames, molding, locks, andhardware...................................................................................... ❑ ❑ ❑X (8) Parking areas and walks..................................................................... ❑ ❑ ❑X (9) Plumbing systems, drainage systems and sump pumps .................... ❑ ❑ ❑X (10) Electrical systems, mechanical systems ............................................ ❑ ❑ ❑X (11) Ballast and lamp replacement............................................................ ❑ ❑ ❑X (12) Heating, Ventilation and Air Conditioning (HVAC) systems ................ ❑ ❑ ❑X (13) HVAC system replacement................................................................. ❑ ❑X ❑ (14) Signs and lighting: ............................................................................... (a) Pylon............................................................................................. ❑ ❑ ❑X (b) Facia............................................................................................. ❑ ❑ ❑X (c) Monument..................................................................................... ❑ ❑ ❑X (d) Door/Suite..................................................................................... ❑ ❑ ❑X (e) Other: ............. ❑ ❑ ❑ (15) Extermination and pest control, excluding wood -destroying insects. ❑ ❑ ❑X (16) Fences and Gates.............................................................................. ❑ ❑ ❑X (17) Storage yards and storage buildings .................................................. ❑ ❑ ❑X (18) Wood -destroying insect treatment and repairs ................................... ❑ ❑X ❑ (19) Cranes and related systems............................................................... ❑X ❑ ❑ (20) Heavy equipment operating on parking areas ❑ ❑X (21) ❑ ❑ (22)AII other items and systems................................................................ ❑ ❑X D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. L_�Pil (TAR-2101) 4-1-14 Initialed for Identification by Landlord, and Tenant: Page 8 of 15 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(12), Tenant X❑ is ❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Repair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees, (TAR-2101) 4-1-14 Initialed for Identification by Landlord ` , " , , and Tenant: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)LoQix.com Page 9 of 15 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 A. an act, omission, or neglect of: Tenant: Tenant's agent; Tenant's guest: Tenant's employees: Tenant's patrons: Tenant's invitees: or any other tenant on the Property B. fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, riot, strike, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, environmental contaminants, or other occurrences or casualty losses. 19. INDEMNITY: Each party will indemnify, defend, and hold the other party harmless from any property damage, personal injury, suits, actions, liabilities, damages, cost of repairs or service to the leased premises or Property, or any other loss caused, negligently or otherwise, by that party or that party's employees, patrons, guests, or invitees. 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. C. If Tenant is in default, Landlord may, with at least 3 days written notice to Tenant: (i) terminate this lease, or (ii) terminate Tenant's right to occupy the leased premises without terminating this lease and may accelerate all rents which are payable during the remainder of this lease or any renewal period. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable means. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and other fees necessary to relet the leased premises; (3) repairs to the leased premises for use beyond normal wear and tear; (4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and returned check charges; (6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property; (7) cost to remove any trash, debris, personal property, hazardous materials, or environmental contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; (8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or Property; and (9) any other recovery to which Landlord may be entitled under this lease or under law. 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock -out" of Tenant. 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant -at -will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the copsent of Landlord, will extend this lease. Tenant will (TAR-2101) 4-1-14 Initialed for Identification by Landlord GAa , and Tenant: I Page 10 of 15 Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. 23. LANDLORD'S LIEN AND SECURITY INTEREST: To secure Tenant's performance under this lease, Tenant grants to Landlord a lien and security interest against all of Tenant's nonexempt personal property that is in the leased premises or on the Property. This lease is a security agreement for the purposes of the Uniform Commercial Code. Landlord may file a financing statement to perfect Landlord's security interest under the Uniform Commercial Code. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: [] A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. [] B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non -disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien -holder. 27. ESTOPPEL CERTIFICATES & FINANCIAL INFORMATION: A. Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease. L_�Pil (TAR-2101) 4-1-14 Initialed for Identification by Landlord , and Tenant: Page 11 of 15 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 B. Within 30 days after receipt of a written request from Landlord, Tenant will provide to Landlord Tenant's current financial information (balance sheet and income statement). Landlord may request the financial information no more frequently than once every 12 months. 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs of litigation from the nonprevailing party. 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the L—�Pil (TAR-2101) 4-1-14 Initialed for Identification by Landlord, and Tenant: Page 12 of 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLociix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 health or safety of an ordinary person, except: no known C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: Principal Broker: JP & Associates REALTORS Agent: Sandy Setliff Address:6175 Main Street, #355 Frisco, TX 75034 Phone & Fax: 818519 3670 E-mail: sandysetliffhomes@gmail.com License No.: 0617071 Cooperating Broker: Agent: Address: Phone & Fax: E-mail: License No.: Principal Broker: (Check only one box) Cooperating Broker represents Tenant. ❑X represents Landlord only. ❑ represents Tenant only. ❑ is an intermediary between Landlord and Tenant. B. Fees: ❑X (1) Principal Broker's fee will be paid according to: (Check only one box). ❑X (a) a separate written commission agreement between Principal Broker and: ❑X❑ Landlord ❑ Tenant. ❑ (b) the attached Commercial Lease Addendum for Broker's Fee (TAR-2102). ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Commercial Lease Addendum for Broker's Fee (TAR-2102). 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. 34. NOTICES: All notices under this lease must be in writing and are effective when hand -delivered, sent by mail, or sent by facsimile transmission to: Landlord at: (TAR-2101) 4-1-14 Sumprop, LTD Address: 7503 S. Ballantrae Dr., McKinnev. TX 75070 DS Initialed for Identification by Landlor 1 �9 and Tenant: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com Page 13 of 15 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 and a copy to: Phone: 214 504 5561 Fax: Address: Phone: ❑ Landlord also consents to receive notices by e-mail at: Fax: Tenant at the leased premises, and a copy to: Chief Tim Gothard Address: 111 N. Powell Parkway, Anna, TX 75409 Phone: (972)924-3325 Fax: ❑ Tenant also consents to receive notices by e-mail at: 35. SPECIAL PROVISIONS: See Attachment A 36. AGREEMENT OF PARTIES: A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non -enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. L_�Lpl (TAR-2101) 4-1-14 Initialed for Identification by Landlord , and Tenant: Page 14 of 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 709 N. Powell Pkwy Commercial Lease concerning: Anna, 75409 G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. Landbrd: Sumprop, LTD 7503 S. Ballantrae Dr, McKinney, TX 75070 By: Glenda Pinkston By: DocuSigned by: A ' ' By (signature): [�t�,ut.� & PIIA,1 6V1 LA1 Printed Name: d91FNUkMh Title: Agent Date: 4/21/2018 By (signature): Printed Name: Title: (TAR-2101) Date: Tenant: City of Anna, Texas 111 N. Powell Parkway, Anna, TX 75409 By: Bill Shi By: By (signature): Printed Name: Bill Ship Title: Interim City Manager, Anna Date: By (signature): Printed Name: Title: Date: Page 15 of 15 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Lociix.com 709 N Powell TE-NLaS A- SSOCIATIOiy OF RE_'1LTORS,k, COMMERCIAL PROPERTY C.0ND?T!0N STATEMENT .,-ex.5REA. —CRSc. Inc. "N!4 CONCERNING TP.E PROPERTY AT: 709 N. Pioweli Pkwv. Annta, T x 75409 THIS IS A DISCLOSURE OF THE SELLER'S KNOIAILEDGE OF THE CONDITION OF THE ?ROPER T Y AS OF THE DATE SIGNED. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES A BUYER OR TENANT MAY L'"ViSH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER. SELLER'S AGENTS. LANDLORD, LANDLORD'S AGENTS OR ANY OTHER AGENT. PAR T I - Complete if Property is Improved or Unimproved Not Are you (Seller or Landlord' aware of: Aware Aware (1) any of the following environmental conditions oi-, or affecting the Property: (a) radon gas? ............... L_'X (b) asbestos components: ...................... .... (' r (i) friable components? ............................................ (ii) non -friable components? ....................................... . (c) urea-formaldehvd--insulation?....................................... (d) endangered species of their habitat? .................................. (e) wetlands?....................................................... (f) inderground storage tanks? .............. I ......................... . L— L leaks in any storage tanks (underground or above -ground)? I (h)lead-bases paint? ................................................. , (il hazardous materials cr toxic waste? ............. ...................... ij) open or closed landfills on or under the surface of the Property? ... I . , ....... �} (k) external conditions materially and adversely affecting the Property such as nearby landfills, smelting plants. vLirners, storage facilities of toxic or hazardous materials, refiners, utility transmission lines, mills. feed lots, and the like? . (i) any activity relating to drilling or excavation sites for oil. gas. or other minerals? . r (2; previous environmental contamination that -,.vas on or that materially and adversely affected the Property. including but not limited to previous environmental conditions listed in Paragraph 1(a)-(I)?.................................... (3) any part or the Property lying in a special flood hazard area (A or V Zone)?........ . (4) any improper drainage onto or away from the Property? ....................... ; (5) any fault line or near the Property that materially and adversely a;fects the Property? (6) air space restrictions or easements on or affecting the Property? ................ L ; i X (7) unrecorded or unplatted agreements for easements, utilities, or access on or to the Property?..................................................... [i ;TAR-1408) 4-'-14 Init aied oy Seller or Landlord: _... and Buyer or Tenant: Page JP Vad %o.J,1 > REALI URA - Frsc 17 16 1 r0x �q BNd.=anr F6k . T%-56?. ,x _. __- . _—._ac F-aSr Ni:car, 4502c ——x» Corinmercial Property Condition Statement concerning 709 N. Powell Pkwy. Anna TX 75409 PART 2 - Complete only if Property is Improved A. Are you (Seller or Landlord) aware of any material defects in any of the following on the Property? Not loot i,i ) Structural items: Aware Aware Appl. (a) foundation t5ystems (slabs, columns, trusses, bracing, crawl spaces. piers; beams. footings, retaining walls, basement, grading)? .......) (b) exterior walls? ........................................... I (c) fireplaces and chimneys? ................ (d) roof. roof structure, or attic (covering, flashing, skylights, insulation, roof penetrations. ventilation. gutters and downspouts, decking)? ... (e) windows. doors. plate glass. or canoples ...................... [_ I (2) Plumbing- Systems (a) water heaters or water softeners? ............................ (b) supply or drain lines? ..................................... j j --j (c) faucets. fixtures. or commodes? ............................. [_ (d) private sewage systems? .................................. j j i ! (e) pools or spas and egUipments? ............................. ( j [ (f) sprinkler systems? ........................................ (g) water coolers? ........................................... N (h) private water ,Veils? ....................................... (i) pumps or s . mp pumps? .......................... I ........ U 13) HVAC Systems: any cooling. heating, or ventilation systems? ......... �j (4,i Electrical S sty ems: service drops. wiring. connections, conductors. plugs. grounds, power, polarity, switches, light fixtures. or junction boxes?..... j _j ( j (5) Other Systems or Items: (a) security or fire detection systems? ........................... rL_ (b) porches or decks? ........................................ (c) gas lines? .............................................. (d) garage dcor s and door operators? ........................... r a l (e) loading doors or socks? ................................... _J I I (f) rails or overhead cranes? ................................ r__J L 1j kgi elevators or escalators. (h) parking areas. drives, steps. walkways? ............ (i) appliances or built-in kitchen equipment? ............... [) if you are aware of material defects in any of the items listed under Paragraph A, explain. (Attach additional information if needed.) HR-1408j 4-"' ^'ilaieC by Seller oi Landlord: _ Rai n T Page 3 of 4 CC=SrCial STEt—erert vorc a Ant;; 7X 7,743� iaMp,72-7 srjeckal ;.Nticin t:e Proper-ty as evovop�e-: oXtratesrr:i-,rial . . . . . . . . . . . . . . . . . . tvi oa,ri .. ........ ne S_:;ets. laws- -a ,)r LSa 21 Vo�,-r r goVe--..�Iillent re� zz ec- .......... .-a -e r er, r-- -�g ves ; e �-ees r Acu rfa- ce s"', ----as, i'T any 7 v.o e cord!t:ons o7� r aff c-�-- .--,o,,e-t\,- that r— t a . . . . . . . . . .. . . . . . . .. . . . . J -2s. a!,. v o` + riglhts vested ,7 ot- -�ne—1 ricl-s? . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . -ber eic;;14s. . . . . . . . . . .. . . . . weter. . . . . . . . . . . . . . . . . . . . . a r e', J DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 cc--r- 71111� �.:' - %'� 1. :� k v -� - - --.. -'.. - � Z" r� - Not wa r (Se!lar c.-' and�ord.� av-sre o�: -a Aware -f S C.1 n w a -ter S 8 e 2, 1 a a C arc J e i A Z. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r ............. .. . I .......... ..... o d!; g 0 VV a. S- .......... ....... ............ -:13 e .......... . VS2 (Ift. V-&-D Rf M" i rt-T- es 6,0� UA)Dm —jc-"TJ�AtI-A/PJe� FL"e- "e unders-gned acknowledges receip! _~4 the statement. e� buyer or enarl'. e: pt 57 �— NOTICE TO KIYER OR TENANT: The broke,- representing Befier or Landlord, and the broker representing you- all-v-ss you tin.af +"-s stEternent was ccmpleted by Seller or Landlord, as c:4 the date szlgneo. The brokers have reile'd on tims statanient as and correct and have no I-eason to believe it to �--s fzssw Or inaccurate, vC'!-! ARE ENCOURAGED TO HAVE AN INSPECT OR OF YOUR CHOICE !NSPECT THE PROPERT'V. DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Attachment A Regarding the Lease for 709 N Powell Pkwy, Anna, TX 75409 1. Tenant will be responsible for the cost of HVAC repairs up to $500 per incident, the Landlord will be responsible for any balance above $500 per incident. 2. Refrigerator available on -site for Tenant use but will not be maintained or replaced. 3. Tenant will lay down "flex -base" (a pavement like substance) where a metal building will sit as well as additional flex base to connect the parking area of the metal building to the existing concrete driveway per specifications on Exhibit A. 4. Tenant will erect a temporary 40' x 45' metal building as specified on Exhibit B that will be removed when tenant vacates the lease. 5. Tenant will extend electricity to the metal building. 6. This lease includes an optional 6 month extension with the same base rental rate + NN, terms and conditions. 7. Any exterior signage will be the responsibility of the Tenant, require Landlord approval and will be compliant with all City of Anna codes and requirements. 8. Any other fencing, renovations and/or changes to the property must be submitted in writing, approved by the Landlord and paid for by the Tenant. 9. Landlord may sell the property at any time during this lease with the commitment that any new owner must honor the terms of this lease. 10. All present buildings will remain except with the expressed written consent of landlord to move or remove them. 11. Tenant to provide Landlord with Certificate of Insurance on an annual basis as noted in Item 8B of this lease. 12. Tenant may remove rear existing canopy structure and install enclosed area to store PPE (bunker gear) providing no damage is done to the building structure or repair of any subsequent damage. 13. 1 to 2 fruit trees may be removed if necessary to erect temporary garage structure and flexbase. 14. May 14, 2018 through September 30, 2018 this lease will include use of the 4 acres zoned agricultural only at the rental rate of $50 per month. Effective October 1, 2018 rent will increase to $3600.00 per month for full use of the entire 5.123 acres including the commercial office building. Should early access/occupancy be needed for the office building an amendment to this lease will be executed that allows use of the building and subsequently the rent will increase to $3600.00 per month upon access/occupancy. 15. Notwithstanding any other provisions of this lease, and absent emergency circumstances, Landlord shall not access the leased premises unless by scheduled appointment with Tenant. Tenant will not unduly delay or deny Landlord's request for an appointment. 16. Section 23 of the lease is deleted in its entirety. Landlord: Sumprop LTD By: Glenda Pinkston DocuSig/ned by: By (signaturC)�_KD71B634C594B9 UD & pi-Ast , Q ... Tenant: City of Anna Fire Department By: Bill Shipp By: (signature): Title: Agent 4/21/2018 Title: Interim City Manager, City of Anna DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 N414 I ' p { z ' -�iM -PARKWAY_ .. ------------- U f3 m x cr 'O g i r DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 m x s r+ W m 3 10 n c ro w 3 a x cr IN tA ro Docu iN SECURED Certificate Of Completion Envelope Id: D871414OE1094752BB917474A44F67A2 Status: Completed Subject: Please DocuSign: FINAL DRAFT. Commercial_Lease.709 Powell Pkwy.City of Anna.pdf, Attachment A ... Source Envelope: Document Pages: 46 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 17 Sandra L Setliff AutoNav: Enabled 1500 Village West Drive Ste #37 Envelopeld Stamping: Enabled Austin, TX 78746 Time Zone: (UTC-06:00) Central Time (US & Canada) sandysetliffhomes@gmail.com IP Address: 104.152.134.222 Record Tracking Status: Original 4/21/2018 10:55:15 AM Signer Events Sandra L Setliff sandysetliffhomes@gmail.com JP & Associates Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenda Pinkston, Agent ghpinkston@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/17/2017 12:51:06 PM ID:d947e47b-b3d4-4f01-9fcb-79a5c91a6f9f In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Glenda Pinkston, Agent ghpinkston@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/17/2017 12:51:06 PM ID:d947e47b-b3d4-4f01-9fcb-79a5c91a6f9f Holder: Sandra L Setliff sandysetliffhomes@gmail.com Signature [D11"S19"11 by: 3544C22EOF34492... Using IP Address: 104.152.134.222 [D—Slg"ed by: 5ED71B634C594B9... Using IP Address: 107.77.232.210 Signed using mobile Signature Status Status Status Status Status PIED Location: DocuSign Timestamp Sent: 4/21/2018 11:16:26 AM Viewed: 4/21/2018 11:16:46 AM Signed: 4/21/2018 11:16:53 AM Sent: 4/21/2018 11:16:56 AM Viewed: 4/21/20181:54:51 PM Signed: 4/21/2018 3:07:21 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 4/21/2018 3:07:24 PM Carbon Copy Events Sandra L Setliff sandysetliffhomes@gmail.com JP & Associates Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status +COPIED Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 4/21/2018 3:07:24 PM Resent: 4/21/2018 3:07:25 PM Viewed: 4/21/2018 3:38:07 PM Timestamp Timestamps 4/21/2018 3:07:24 PM 4/21/2018 3:07:24 PM 4/21/2018 3:07:24 PM 4/21/2018 3:07:24 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 3/1/2016 3:19:14 PM Parties agreed to: Glenda Pinkston, Agent, Glenda Pinkston, Agent ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, 03 - e-Realtor Tools (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 ,,O TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE ADDENDUM FOR EXPENSE REIMBURSEMENT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS@ IS NOT AUTHORIZED. ©Texas Association of REALTORS@, Inc. 2010 ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT 709 N. Powell Pkwy, Anna, 75409 In addition to rent stated in the lease, Tenant will pay Landlord the additional rent described in this addendum. Tenant will pay the additional rent each month at the time the base -monthly rent in the lease is due. A. Definitions: (1) "Tenant's pro rata share" is 100.000 %. (2) "CAM" means all of Landlord's expenses reasonably incurred to maintain, repair, operate, manage, and secure the Property (for example, security, lighting, painting, cleaning, decorations, utilities, trash removal, pest control, promotional expenses, and other expenses reasonably related the Property's operations); CAM does not include capital expenditures, interest, depreciation, tenant improvements, insurance, taxes, or brokers' leasing fees Notwithstanding the foregoing, CAM does include the amortized costs incurred by Landlord in making capital improvements or other modifications to the Property to the extent such improvements or modifications reduce CAM overall. These costs will be amortized over the useful life of the improvement or modification on a straight-line basis; however, in no event will the charge for such amortization included in CAM exceed the actual reduction in CAM achieved by the improvements and modifications. (3) "Insurance" means Landlord's costs to insure the leased premises and the Property including but not limited to insurance for casualty loss, general liability, and reasonable rent loss. (4) "Taxes" means the real property ad valorem taxes assessed against the leased premises and Property inclusive of all general and special assessments and surcharges. (5) "Structural" means all of Landlord's expenses reasonably incurred to maintain, repair, and replace the roof, foundation, exterior walls, load bearing walls and other structural components of the Property. B. Method: The additional rent will be calculated under the following method: Note: "CAM" does not include taxes and insurance costs. ❑ (1) Base -year expenses: Each month Tenant will pay Tenant's pro rata share of the projected monthly expenses for the Property that exceed the amount of the monthly base -year expenses for the calendar year for: ❑ taxes; ❑ insurance; ❑ CAM; ❑ structural; and ❑ ❑ (2) Expense -stop: Each month Tenant will pay Tenant's pro rata share of the projected monthly expenses for the Property that exceed $ per square foot per year for: ❑ taxes; ❑ insurance; ❑ CAM; ❑ structural; and ❑ ❑X (3) Net: Each month Tenant will pay Tenant's pro rata share of the projected monthly expenses for the Property for: ❑X] taxes; X❑ insurance; ❑ CAM; ❑ structural; and ❑ C. Projected Monthly Expenses: On or about December 31 of each calendar year, Landlord will project the applicable monthly expenses (those that Tenant is to pay under this addendum) for the following calendar year and will notify Tenant of the projected expenses. The projected expenses are based on Landlord's estimates of such expenses. The actual expens Gay vary. (TAR-2103) 1-26-10 Initialed for Identification by Landlor : and Tenant: Page 1 of 2 JP And Associates REALTORS - Frisco, 6175 Main Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Pkwy Sandy Setliff Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLociix.com DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Expense Reimbursement Addendum concerning 709 N. Powell Pkwy, Anna, 75409 Notice: The applicable projected expenses at the time which the above -referenced lease commences are shown in the table below. The total area of the Property presently used by Landlord for calculating expense reimbursements is 2120 rentable square feet (including any add on factor for common areas). Projected Expenses $ Monthly Rate $ Annual Rate 577.37 / rsf / month 1 6,928.47 / rsf / year D. Reconciliation: Within a reasonable time after the end of each calendar year, Landlord will notify Tenant of the actual costs of the applicable expenses (those that Tenant is to pay under this addendum) for the previous year. If the actual costs of the applicable expenses exceed the amounts paid or owed by Tenant for the previous year, Tenant must pay the deficient amount to Landlord within 30 days after Landlord notifies Tenant of the deficient amount. If the actual costs of the applicable expenses are less than the amounts paid by Tenant for the previous year, Landlord will refund the excess to Tenant or will credit the excess to Tenant's next rent payment. Tenant may audit or examine those items in Landlord's records that relate to Tenant's obligations under this addendum. Landlord will promptly refund to Tenant any overpayment revealed by an audit or examination. If the audit or examination reveals an error of more than 5% over the amounts Landlord collected in a calendar year from Tenant under this addendum, Landlord will pay the reasonable cost of the audit or examination. Landlord may not seek a deficiency from Tenant under this paragraph if Landlord fails to timely provide the required notice. E. Special Provisions: none Landlord: By: Glenda Pink ocusig/ned by: 1 By (signatur ): A-WDA piaSlbl l Q 4/21/2018 Printed Nam da3ftilMton Title: By: By (signature): Printed Name: Title: (TAR-2103) 1-26-10 Tenant: By: Bill Shipp By (signature): Printed Name: Bill Ship Title: Interim City Manager, City of Anna By: By (signature): Printed Name: Title: Page 2 of 2 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 ,,ol' TEXAS ASSOCIATION OF REALTORS*) ADDENDUM REGARDING LEAD -BASED PAINT For use in the lease of residential property built before 1978. ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 709 N. Powell Pkwy, Anna, 75409 A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a federally approved pamphlet on lead poisoning prevention. B. DISCLOSURE: (1) Presence of lead -based paint and/or lead -based paint hazards. (Check (a) or (b)). ❑ (a) Landlord knows of the following lead -based paint and/or lead -based paint hazards in the Property: ❑X (b) Landlord has no knowledge of lead -based paint and/or lead -based paint hazards in the Property. (2) Records and reports available to Landlord. (Check (a) or (b)). ❑ (a) Landlord has provided Tenant with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the Property which are listed here: ❑X (b) Landlord has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the Property. C. TENANT'S ACKNOWLEDGEMENT: ❑ (1) Tenant has received copies of all information listed in Paragraph B. ❑X (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home. D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT: (1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA -approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead -based paint and/or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based paint and/or lead -based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years. (2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and are aware of his/her responsibility to ensure compliance. E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of their kn wledge, that the information they have provided is true and correct. FDocuSigned�y: 1 t In �a� �lln �Sfbl� Q�t ln� 4/21/2018 Ll.8634c59489. Date Tenant Date Sumprop, LTD; Glenda Pinkston, Agent City of Anna, Texas, Bill Shipp - Interim City Manager Landlord Date Tenant Date FDocuSigned by: �tra b Sduff ­1 4/21/2018 IilftbMWAgent or Property Manager Date Tenant Date Sandy Setliff Other Broker/Agent Date Tenant Date (TAR-2008) 10-14-03 Page 1 of 1 JP And Associates REALTORS - Frisco, 6175 Main Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Pkwy Sandy Setliff Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com CERTIFICATE OF MOLD DAMAGE REMEDIATION Certificate Number: 42012 Name: Highland Fire Protection and Glenda Pinkston Mailing Address : P.O. Box 5 City: Anna State: TX. Property Description: Date of Issuance : 08/16/12 Zip: 75409 Number 709 Street- N. Powell r Anna County: Collin Mold Assessment Consultant License Holder Certification • I hereby certify that based on visual, procedural and analytical evaluation, the mold contamination identified for this project has been remediated as outlined in the mold management plan or remediation protocol. • l further certify with reasonable certainty that the underlying cause or causes of the mold that were identified for this project in the mold management plan or remediation protocol have been remediated. A copy of the written evaluation that forms the basis for my certification has been provided to the person named in this certificate. .y� NAC1187 Exp 12I20/2012 08/16/2012 Mold Assessment Consultant License Department of Slate Health Services Date Holder Signature License No, and Expiration hate Mold Remediation Contractor license Holder Certification • 1 hereby certify that I completed mold remediation on this project and will provide the mold remediation certificate to the property owned-po later than the 10`' day after the date of completion. 1-1 Mold em t on Contra �'' Department of State Health Services Date Ucense Holder Signatur - License No. and Expiration Date Mold Assessment Consultant or Adjuster License Holder Certification • I hereby certify that I have inspected the property described in this certificate and that based on my inspection I have determined that the property does not contain evidence of mold damage. A copy of the written evaluation that forms the basis for my certification has been provided to the person named in this certificate. Mold Assessment Consultant / Adjustor License Holder Signature UDR-1 (Rev. Eff. 12I&O5) Department of State Health Services License No. and Expiration Date Date DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 DocuSign Envelope ID: D871414O-E1O9-4752-BB91-7474A44F67A2 TAR-2511 JP And Associates REALTORS - Frisco, 6175 Main Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Pkwy Sandy Setliff Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead -based paint Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: How lead gets into the body About health effects of lead What you can do to protect your family Where to go for more information Before renting or buying a pre-1978 home or apartment, federal law requires: Sellers must disclose known information on lead -based paint or lead - based paint hazards before selling a house. Real estate sales contracts must include a specific warning statement about lead -based paint. Buyers have up to 10 days to check for lead. Landlords must disclose known information on lead -based paint and lead -based paint hazards before leases take effect. Leases must include a specific warning statement about lead -based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment: Read EPA's pamphlet, The Lead -Safe Certified Guide to Renovate Right, to learn about the lead -safe work practices that contractors are required to follow when working in your home (see page 12). TAR-2511 11 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead -based paint: Don't try to remove lead -based paint yourself. Always keep painted surfaces in good condition to minimize deterioration. Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. Talk to your landlord about fixing surfaces with peeling or chipping paint. Regularly clean floors, window sills, and other surfaces. Take precautions to avoid exposure to lead dust when remodeling. When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe certified renovation firms. Before buying, renting, or renovating your home, have it checked for lead -based paint. Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. Wash children's hands, bottles, pacifiers, and toys often. Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. Remove shoes or wipe soil off shoes before entering your house. 1 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: Breathe in lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). Swallow lead dust that has settled on food, food preparation surfaces, and other places. Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. At this age, children's brains and nervous systems are more sensitive to the damaging effects of lead. Children's growing bodies absorb more lead. Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Women of childbearing age should know that lead is dangerous to a developing fetus. Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 2 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 Y Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: Nervous system and kidney damage Learning disabilities, attention deficit disorder, and decreased intelligence Speech, language, and behavior problems Poor muscle coordination Decreased muscle and bone growth Hearing damage BFaira Nerve Damage 9owed ,,-5r(]arl Dwgcstic Problems While low -lead exposure is most common, Reproductive exposure to high amounts of lead can have Problorm devastating effects on children, including fAc.3ult�l seizures, unconsciousness, and, in some cases, death. Hearing Problems Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: Harm to a developing fetus Increased chance of high blood pressure during pregnancy Fertility problems (in men and women) High blood pressure Digestive problems Nerve disorders Memory and concentration problems Muscle and joint pain 3 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Check Your Family Tor Lead Get your children and home tested if you think your home has lead. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: Children at ages 1 and 2 Children or other family members who have been exposed to high levels of lead Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. 4 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 Y Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Where Lead -based Paint Is Found In general, the older your home or childcare facility, the more likely it has lead -based paint.' Many homes, including private, federally -assisted, federally - owned housing, and childcare facilities built before 1978 have lead -based paint. In 1978, the federal government banned consumer uses of lead -containing paint.2 Learn how to determine if paint is lead -based paint on page 7. Lead can be found: In homes and childcare facilities in the city, country, or suburbs, In private and public single-family homes and apartments, On surfaces inside and outside of the house, and In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. ' "Lead -based paint" is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or more than 0.5% by weight. 2 "Lead -containing paint" is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight. 5 TAR-2511 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zir)Logix.com 7419 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Identifying Lead -Based Paint and Lead -Based Paint Hazards Deteriorating lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead -based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: On windows and window sills Doors and door frames Stairs, railings, banisters, and porches Lead -based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead -based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: 40 micrograms per square foot (pg/ft2) and higher for floors, including carpeted floors 250 pg/ft2 and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: 400 parts per million (ppm) and higher in play areas of bare soil 1,200 ppm (average) and higher in bare soil in the remainder of the yard Remember, lead from paint chips - which you can see - and lead dust - which you may not be able to see - both can be hazards. The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this. 6 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Checking Your Horne for Lead You can get your home tested for lead in several different ways: A lead -based paint inspection tells you if your home has lead - based paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead -based paint inspector, will conduct a paint inspection. using methods, such as: Portable x-ray fluorescence (XRF) machine Lab tests of paint samples A risk assessment tells you if your home it currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: Sample paint that is deteriorated on doors, windows, floors, stairs, and walls Sample dust near painted surfaces and sample bare soil in the yard Get lab tests of paint, dust, and soil samples A combination inspection and risk assessment tells you if your home has any lead -based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead -Safe Certified renovators (see page 12) may: Take paint chip samples to determine if lead -based paint is present in the area planned for renovation and send them to an EPA -recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead -based paint inspector or risk assessor Use EPA -recognized tests kits to determine if lead -based paint is absent (but not in housing receiving federal assistance) Presume that lead -based paint is present and use lead -safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area.3 3 Hearing- or speech -challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8399. 8 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 Y Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 What You Can Do Now to Protect Your Family If you suspect that your house has lead -based paint hazards, you can take some immediate steps to reduce your family's risk: If you rent, notify your landlord of peeling or chipping paint. Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) Carefully clean up paint chips immediately without creating dust. Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. Wash your hands and your children's hands often, especially before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces, or eating soil. When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe Certified renovation firms (see page 12). Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. Children with good diets absorb less lead. 9 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Reducing Lead Hazards Disturbing lead -based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead - contaminated soil. These actions are not permanent solutions and will need ongoing attention. You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state - certified renovator who is trained in the use of lead -safe work practices. If you are a do-it-yourselfer, learn how to use lead -safe work practices in your home. Ir To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. Hire a Lead -Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. To correct lead hazards permanently, hire a certified lead abatement professional. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 10 TAR-2511 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 Y Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: 40 micrograms per square foot (pg/ft2) for floors, including carpeted floors 250 pg/ft2 for interior windows sills 400 pg/ft2 for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit epa.gov/lead, or call 1-800-424-LEAD. 11 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Renovating, Remodeling, or Repairing (RRP) a Home with Lead -Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: Be a Lead -Safe Certified firm approved by EPA or an Use qualified trained individuals (Lead -Safe Certified renovators) who follow specific lead -safe work practices to prevent lead contamination Provide a copy of EPA's lead hazard information document, The Lead -Safe Certified Guide to ti Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead -safe work practices that: Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. Avoid renovation methods that generate large amounts of lead -contaminated dust. Some methods generate so much lead - contaminated dust that their use is prohibited. They are: Open -flame burning or torching Sanding, grinding, planning, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and Using a heat gun at temperatures greater than 1100°F Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects visit epa.gov/getleadsafe, or read The Lead -Safe Certified Guide to Renovate Right. 12 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 Y Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Other Sources of Lead While paint, dust, and soil are the most common sources of lead, other lead sources also exist: Drinking water. Your home might have plumbing with lead or lead solder. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead: Use only cold water for drinking and cooking. Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. Call your local health department or water supplier to find out about testing your water, or visit epa.gov/lead for EPA's lead in drinking water information. Lead smelters or other industries that release lead into the air. Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. Old toys and furniture may have been painted with lead -containing paint. Older toys and other children's products may have parts that contain lead.4 Food and liquids cooked or stored in lead crystal or lead -glazed pottery or porcelain may contain lead. Folk remedies, such as "greta" and "azarcon," used to treat an upset stomach. 4 In 1978, the federal government banned toys, other children's products, and furniture with lead -containing paint (16 CFR 1303). In 2008, the federal government banned lead in most children's products. The federal government currently bans lead in excess of 100 ppm by weight in most children's products (76 FIR 44463). 13 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Logix.com 709 N Poi 11 DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 For More information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/lead and hud.gov/lead, or call 1-800-424-LEAD (5323). EPA's Safe Drinking Water Hotline For information about lead in drinking water, call 1-800-426-4791, or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product -related injury, call 1-800-638-2772, or visit CPSC's website at cpsc.gov or saferproducts.gov. State and Local Health and Environmental Agencies Some states, tribes, and cities have their own rules related to lead - based paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/lead, or contact the National Lead Information Center at 1-800-424-LEAD. Hearing- or speech -challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll - free Federal Relay Service at '1-800-877-8339. 14 TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLocix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Regional Lead Contact U.S. EPA Region 1 5 Post Office Square, Suite 100, OES 05-4 Boston, MA 02109-3912 (888) 372-7341 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Region 2 2890 Woodbridge Avenue Building 205, Mail Stop 225 Edison, NJ 08837-3679 (732)321-6671 Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia) Regional Lead Contact U.S. EPA Region 3 1650 Arch Street Philadelphia, PA 19103 (215) 814-2088 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 AFC Tower, 12th Floor, Air, Pesticides & Toxics 61 Forsyth Street, SW Atlanta, GA 30303 (404)562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-7836 15 TAR-2511 Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribes) Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-2704 Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 7 11201 Renner Blvd. WWPD/TOPE Lenexa, KS 66219 (800) 223-0425 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region 8 1595 Wynkoop St. Denver, CO 80202 (303) 312-6966 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. EPA Region 9 (CMD-4-2) 75 Hawthorne Street San Francisco, CA 94105 (415) 947-4280 Region 10 (Alaska, Idaho, Oregon, Washington) Regional Lead Contact U.S. EPA Region 10 Solid Waste & Toxics Unit (WCM-128) 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 (206) 553-1200 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziDLoaix.com 709 N Powell DocuSign Envelope ID: D8714140-E109-4752-BB91-7474A44F67A2 Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD 20814-4421 1-800-638-2772 cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Contact HUD's Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing, and for the lead hazard control and research grant programs. HUD 451 Seventh Street, SW, Room 8236 Washington, DC 20410-3000 (202) 402-7698 hud.gov/offices/lead/ This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U. S. EPA Washington DC 20460 EPA-747-K-12-001 U. S. CPSC Bethesda MD 20814 September 2013 U. S. HUD Washington DC 20410 16 TAR-2511 Produced with zipForm(D by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Looix.com 709 N Powell ID: D8714140-E109-4752-BB91-7474A44F67A2 IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly Children under 6 years old are most at risk for lead poisoning in your home. Lead exposure can harm young children and babies even before they are born. Homes, schools, and child care facilities built before 1978 are likely to contain lead -based paint. Even children who seem healthy may have dangerous levels of lead in their bodies. Disturbing surfaces with lead -based paint or removing lead -based paint improperly can increase the danger to your family. People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. People have many options for reducing lead hazards. Generally, lead -based paint that is in good condition is not a hazard (see page 10). TAR-2511 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com 709 N Powell THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discuss/Act on a Resolution appointing a member to the Greater Texoma Utility Association Board of Directors. (City Council) SUMMARY: Mr. Ty Chapman appointed to the Board of Director's is stepping down. The Council will need to fill the vacancy created. The term will be for one-year expiring in December 2018. The qualifications for the position are as follows: (1) the person may not be a Director if he or she is an officer, employee, or member of the governing body of a municipal corporation, and (2) each Director shall be a qualified Elector of the city that nominates him or her. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolution 4/20/2018 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Anna, Texas (the "City") is a member of the Greater Texoma Utility Authority ("GTUA" or the "Authority"); and, WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code; and, WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and, WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna, Texas (the "City Council"); and, WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end of 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Appointment to the GTUA Board of Directors. The City Council hereby appoints serve a one-year term in Place 8 on the GTUA Board of Directors. to fill a vacancy and PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of January 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Resolution No. Mayor Nate Pike THE CITY OF AiAtia AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discuss/Act on a nomination to the RTC Board of Directors. (Mayor) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Informational Letter Upload Date Type 5/4/2018 Backup Material 11cl"45-11116 itogional Transportation Council I V E D The Transportation Policy Body for the North Central Texas Council of GoverPri 5 faE (Metropolitan Planning Organization for the Dallas -Fort Worth Rcgion) 0 C, 2010 April 3, 2018 The Honorable George Fuller The Honorable Darion Culbertson The Honorable Nate Pike Mayor Mayor Mayor City of McKinney Town of Fairview City of Anna PO Box 517 500 South Highway 5 PO Box 776 McKinney, TX 75069 Fairview, TX 75069 Anna, TX 75409 The Honorable John -Mark Caldwell The Honorable Reed Greer Mayor Mayor City of Princeton City of Melissa PO Box 970 3411 Barker Ave. Princeton, TX 75407 Melissa, TX 75454-9501 Dear Mayors Fuller, Culbertson, Pike, Caldwell, and Greer: The North Central Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area. The Regional Transportation Council (RTC), composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Metropolitan Transportation Plan, the Transportation Improvement Program, the Congestion Management Process, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the Regional Transportation Council is either by direct membership or group representation. Each seat on the Regional Transportation Council will be provided a primary member and permitted an alternate member. The Cities of McKinney, Fairview, Anna, Princeton, and Melissa now share a seat on the Regional Transportation Council. The RTC's Bylaws and Operating Procedures state that the person representing a group of several cities shall be selected by the mayors using a weighted vote of the maximum population or employment of the cities represented, and the person selected shall serve a two-year term beginning in June of even -numbered years and shall be serving on one of the governing bodies they represent. A table containing population and employment figures is enclosed. The Regional Transportation Council maintains a cluster seat for each of the three urbanized areas of Denton, Lewisville, and McKinney. The Bylaws revision states that representation for the three urbanized area seats can come from any of the cities within the respective cluster. The Bylaws further state that in the spirit of integrated transportation planning, all cities within a city -only cluster are eligible to hold the RTC membership seat for the cluster, and the cities should strongly consider rotation of the seat among the entities within the respective cluster. Items to consider when contemplating seat rotation may include: 1) a natural break in a member's government service, such as the conclusion of an elected term, 2) a member's potential to gain an officer position or advance through the officer ranks, 3) a member's strong performance and commitment to transportation planning, or 4) the critical nature of a particular issue or project and its impact on an entity within the cluster. P, O. Box 5880 ^ ArHngton, Texas 76005a 5888 ° (817) 695-9240 ° FAX (817) 6,10-3028 9attp.�l�rnr�s.�nia�a�g,�arr/ir�r�� Page Two April 3, 2018 An alternate member is the individual appointed to represent an entity or group of entities on the Regional Transportation Council in the absence of the primary member. The alternate member must be predetermined in advance of a meeting and will have voting rights in the absence of the primary member. An entity or group of entities may elect to appoint its alternate member(s) from a pool of eligible nominees. The same requirements apply to altemate members as to primary members. If a primary member is an elected official, then the alternate member must also be an elected official; if a primary member is a non -elected individual, then the alternate member can be either a non -elected individual or an elected official. Cities and/or counties within a cluster group are strongly encouraged to reflect diversity in their selections of primary and alternate members as well as membership rotation amongst the group depending on the qualifications of the appointees. A best practice may be to appoint the alternate member from an eligible entity within the cluster that is not providing the primary member. Your current primary representative on the RTC is George Fuller, Mayor, City of McKinney, Your current alternate representative is Chuck Branch, Councilmember, City of McKinney. You may choose to keep your current representatives or appoint both a new primary representative and alternate representative. I encourage you to make your new appointment or appointments prior to June when the new two-year terms begin. Please mail (P.O. Box 5888, Arlington, TX 76005-5888) or fax (817/640-3028) your correspondence to Vercie Pruitt -Jenkins of NCTCOG. Please note that your designation should be confirmed in writing by all entities included in this group. In addition, the Regional Transportation Council has established an Ethics Policy in accordance with Section 472.034 of the Texas Transportation Code. This policy applies to both primary and alternate RTC members, whether elected or non -elected. All RTC members must also adhere to Chapter 171 of the Local Government Code and to the Code of Ethics from their respective local governments and public agencies. Please remind your representatives to be cognizant of these policies and codes. Please contact Vercie Pruitt -Jenkins at 817/608-2325 if you have any questions. We look forward to hearing from you. Sincerely, Rob Franke, Chair Regional Transportation Council Mayor, City of Cedar Hill VPJ Enclosure cc. The Honorable Chuck Branch, Councilmember, City of McKinney (RTC Alternate Member) Mr. Derek F. Borg, City Manager, City of Princeton Ms. Julie Couch, Town Manager, Town of Fairview Mr. Paul Grimes, City Manager, City of McKinney Mr. Jason Little, ICMA-CM, City Manager, City of Melissa Mr. Bill Shipp, City Manager, City of Anna 2018 REGIONAL TRANSPORTATION COUNCIL MEMBERSHIP STRUCTURE City 2017 2014 Maximum of Population Estimates' Employment EstimatesZ Population & Employment City Membership Plano 277,720 274,623 277,720 McKinney 169,710 58,005 169,710 Anna 12,390 534 12,390 Princeton 9,460 1,645 9,460 Fairview 9,110 1,968 9,110 Melissa 8,850 1,325 8,850 Alien 95,350 39,278 95,350 Lucas 7,030 2,101 7,030 Wylie 48,140 19,940 48,140 Rowlett 57,840 13,289 57,840 Sachse 23,950 1,960 23,950 Murphy 19,980 3,623 19,980 Frisco 161,400 74,099 161,400 Prosper 20,160 3,077 20,160 Little Elm 38,250 4,486 38,250 The Colony 41,160 8,576 41,160 Celina 10,310 1,820 10,310 Providence Village 6,310 322 6,310 Dallas 1,270,170 1,126,984 1,270,170 University Park 22,820 13,536 22,820 Highland Park 8,510 5,272 8,510 Garland 234,710 101,932 234,710 Addison 15,730 66,566 66,566 Richardson 107,400 130,960 130,960 Irving 234,710 288,487 288,487 Coppeli 40,820 42,084 42,084 Mesquite 143,060 61,034 143,060 Balch Springs 24,480 6,183 24,480 Seagoville 15,900 5,666 15,900 Sunnyvale 5,440 5,155 5,440 Grand Prairie 187,050 84,554 187,050 Duncanville 39,240 16,227 39,240 Desoto 52,120 19,240 52,120 Cedar Hill 47,320 16,201 47,320 Lancaster 37,730 13,267 37,730 Glenn Heights 11,680 1,114 11,680 Hutchins 5,350 4,084 5,350 Carrollton 130,820 107,662 130,820 Farmers Branch 31,560 78,393 78,393 Denton 128,160 76,474 128,160 Sanger 8,100 4,287 8,100 Corinth 20,800 6,429 20,800 Lake Dallas 7,260 1,811 7,260 Lewisville 103,640 68,798 103,640 Flower Mound 71,850 34,187 71,850 Highland Village 15,380 5,396 15,380 city 2017 2014 Maximum of Population Employment Population & Employment Fort Worth 815,430 504,040 815,430 Arlington 382,230 212,737 382,230 N. Richland Hills 67,120 27,093 67,120 Richland Hills 7,920 6,055 7,920 Haltom City 42,740 23,793 42,740 Watauga 23,600 5,813 23,600 White Settlement 16,830 9,029 16,830 River Oaks 7,310 1,880 7,310 Lake Worth 4,710 6,125 6,125 Westworth Village 2,620 1,097 2,620 Saginaw 21,320 10,131 21,320 Azle 11,800 4,554 11,800 Keller 44,620 15,242 44,620 Grapevine 49,130 92,774 92,774 Southlake 28,880 32,998 32,998 Colleyville 24,630 10,358 24,630 Westlake 1,310 6,360 6,360 Trophy Club 11,250 1,173 11,250 Roanoke 8,040 8,135 8,135 Hurst 38,410 21,743 38,410 Euless 54,870 20,205 54,870 Bedford 48,560 30,660 48,560 Mansfield 63,670 31,353 63,670 Benbrook 22,260 7,238 22,260 Forest Hill 12,500 3,749 12,500 Crowley 14,440 5,648 14,440 Everman 6,110 1,766 6,110 Kennedale 7,420 4,006 7,420 County Membership 2017 Population Collin County 932,530 Dallas County 2,502,270 Denton County 814,560 Tarrant County 1,966,440 Ellis County 173,410 Ennis 18,660 Waxahachie 34,410 Midlothian 24,450 Red Oak 12,600 Kaufman County 116,140 Forney 18,590 Kaufman 6,670 Terrell 16.570 Combined Ellis and Kaufman Population 289,550 March 22, 2018 Johnson Count v 164,970 Burleson 43,960 Cleburne 29,780 Keene 6,280 Joshua 6,680 Hood County 64,840 Granbury 9,310, Combined Johnson and Hood Population 229,810 Hunt County 94,350 Commerce 8,240 Greenville 26,800 Rockwall County 93,130 Rockwall 42,120 Heath 7,820 Royse City 11,540 Fate 11 380 Combined Hunt and Rockwall Population 187,480 Parker Count v 130,150 Weatherford 27,660 Mineral Wells 16,740 Wise County 62,460 Decatur 6,530 Bridgeport 6J 30 Combined Parker and Wise Population 192,610 Transportation Providers DART DCTA FWTA DFW International Airport TOOT Dallas TOOT Fort Worth NTTA Sources: Population - NCTCOG 2017 Population Estimates s Employment - NCTCOG 2014 Small Area Employment Estimates March 22, 2018 neopostr, P. O. Box 5888 • Arlington, Texas 76005-5888 04/04/2018 IITINM Regional Transportation Council Mr. Bill Shipp City Manager City of Anna PO Box '776 Anna TX 75409 NON THE CITY OF Minna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discuss/Act on appointment to fill a vacancy on the Neighborhood Design Advisory Committee. (City Secretary) SUMMARY: Ms. Lora Johnson had to resign her seat. Council accepted her resignation on April 10th. Ms. Johnson was appointed by Council Member Reeves and he is to re -appoint someone to fill the vacancy. STAFF RECOMMENDATION: i Item No. 10. City Council Agenda Staff Report Meeting Date: 5/8/2018 VOUM HOMETOWN I_[r]21ZIVT\119:4JiIA Consider/Discuss/Act on a Resolution authorizing the execution of Boundary Adjustment Agreement Between the Municipalities of Melissa and Anna (the "Agreement"). (City Manager) SUMMARY: Currently there is a boundary line that separates Anna's southern growth area from Melissa's northern growth area. Provisions in the Texas Local Government Code allow cities to adjust common borders and planning areas. For some time the cities have been discussing a change in that boundary that would redraw the boundary line so that it matches the centerline of the Collin County Outer Loop the (the "Outer Loop Boundary"). It will take a relatively long period time, likely many years, before the cities extend their city limits into the areas close to the Outer Loop Boundary. However, the cities desire to make this adjustment now so that their respective future land use, law enforcement and other regulatory responsibilities can be planned around the Outer Loop Boundary. The cities have agreed that this is a logical dividing line so that each city will be able to confine its regulatory responsibilities to one side of this major regional thoroughfare. The Agreement would officially memorialize the boundary adjustment and it would be submitted to Collin County to place the general public on notice of the new boundary. The Outer Loop Boundary set forth in the Agreement does not depart substantially from the existing boundary line. However, in order to make the adjustment, the Agreement will require both Anna and Melissa to relinquish relatively small portions of their existing growth areas in exchange for gaining other areas. The areas that Anna will relinquish are south of the Outer Loop Boundary and the areas that it will gain are north of the Outer Loop Boundary. Specifically, Anna would be releasing Tracts 2 and 6 and it would be gaining Tracts 1, 3, 4 and 5 (see Exhibit A to the Agreement, which is a key map showing the tracts to be released by each city). Exhibit B to the Agreement is a legal description of the current centerline of the Outer Loop. Note the following additional features of the Agreement: (1) the cities' respective growth areas would automatically adjust to be in line with the Collin County Outer Loop if the centerline of the Outer Loop ROW were to be adjusted within any part of the ROW; (2) the cities are agreeing to concurrently adjust the dividing line between their respective water and/or sewer certificates of convenience and necessity to be the same as the Outer Loop Boundary; and (3) a reservation is included to make it clear that Anna is not relinquishing any right or title in the Clements Creek sewer line that it owns and uses to transport sewage to the south and ultimately into the North Texas Municipal Water District's sewage treatment facilities. The school districts are aware of the proposed adjustments and have adjusted their boundaries accordingly to be consistent with the proposed municipal boundaries. STAFF RECOMMENDATION: City staff recommends approval of this Resolution. ATTACHMENTS: Description Upload Date Type Resolution for Approving Boundary Agreement 5/1/2018 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE EXECUTION OF A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE MUNICIPALITIES OF MELISSA AND ANNA WHEREAS, the governing bodies of the cities of Anna, Texas, and Melissa, Texas, have agreed to mutually plan for the ultimate growth and development of their respective communities, giving due regard to existing and proposed roads and transportation corridors, water supply availability, fire and police protection and their respective abilities to provide other necessary governmental services and functions; and WHEREAS, said cities desire to designate their preferred areas of extraterritorial jurisdiction and their ultimate city limit boundary lines insofar as they will separate the two cities in the future; and, WHEREAS, said cities desire and are willing to commit to each other by contract their respective plans for future annexations and expansion of their communities; and WHEREAS, Chapter 791, Texas Government Code, authorizes local governments to contract with one another to perform governmental functions and services such as the determination of ETJ boundaries, corporate limit boundaries, and utility service area boundaries; and WHEREAS, Section 42.023 of the Local Government Code, authorizes a municipality to reduce its extraterritorial jurisdiction by a resolution adopted by the governing body of the municipality; and, WHEREAS, Section 43.031 of the Local Government Code, Texas Revised Civil Statutes, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The City Council of the City of Anna, Texas, desires to enter into that certain Boundary Adjustment Agreement Between the Municipalities of Melissa and Anna ("Agreement"), which is attached hereto as Exhibit 1 and incorporated herein for all purposes. Section 2. Contingent on the City of Melissa duly adopting the Agreement, the Mayor of Anna is hereby authorized to execute the Agreement and bind the City thereto. Section 3. The City Secretary is directed file one copy of the original document with the Land Records of Collin County, Texas, to put all persons on notice as to the future ultimate expansion plans of the City. Section 4. The areas shown in Exhibit A to the Agreement that are labeled "Tract 2" and "Tract 6" are hereby released pursuant to Texas Local Government Code, Section 42.023. City of Anna, Texas Resolution No. Page 1 of 2 PASSED by the City Council of the City of Anna, Texas, this day of 2018. City of Anna, Texas Nate Pike, Mayor Attest Carrie L. Smith, City Secretary City of Anna, Texas Resolution No. Page 2 of 2 THE CITY OF AiAtia AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discuss/Act on a Resolution extending the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) SUMMARY: After lengthy discussion and work the City Council approved the Villages of Hurricane Creek Subdivision Improvement Agreement with an effective on March 11th, 2015. The agreement replaced an existing agreement and the land use entitlements were changed. Within the agreement the Developer and the City had several Obligations that would have needed to occur. The developer will not be able to meet their obligations by the expiration of the agreement. The developer was granted an extension and several productive meetings were held. I n order to work out the final details an additional extension is needed. STAFF RECOMMENDATION: Approval of a Resolution extending the Villages of Hurricane Creek Subdivision Agreement for 60 from the date of approval of this Resolution. ATTACHMENTS: Description Upload Date Type Resolution Approving an Extension to The VHC 2/8/2018 Resolution Agreement CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, TEMPORARILY EXTENDING THE VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the City of Anna, Texas (the "City") and Villages of Hurricane Creek, LP, a Texas limited partnership entered into that certain Villages of Hurricane Creek Subdivision Improvement Agreement (the "Agreement") to address the development of an approximately 368.2-acre tract of land known as the Villages of Hurricane Creek; and, WHEREAS, the Agreement established certain respective deadlines to be met by the City and by Developer; and, WHEREAS, the Developer has informed the City that it will be unable to meet certain of its deadlines; and, WHEREAS, an extension was granted, however, after several productive meetings a second extension is needed to work out the final details; and, WHEREAS, the City desires to enter into continued discussions with the Developer to extend certain deadlines and potentially modify other provisions of the Agreement; and, WHEREAS, the City recognizes that some period of time will be necessary for said discussions to occur to allow for the potential of modification to the Agreement by mutual assent; and, WHEREAS, the City desires that there be an extension and period of time to review potential modifications and to make a recommendation to the City Council that would be in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Agreement Extension. The City Council hereby approves an additional temporary extension of the Agreement with respect to all deadlines and performance obligations for a period of up to 60 days beginning on the date of approval of this resolution. Further, the City Council authorizes the City Manager to extend said 60-day period in writing for an additional 30 days if deemed necessary in his or her discretion. Without further action by the City Council, the temporary extension granted under this resolution shall not extend beyond the 60t" day (or the 90t" day in the event the City Manager further extends as set forth above) after the approval of this resolution. The extension(s) granted under this resolution are temporary only. Upon the expiration of said temporary extension(s), the Agreement will not be deemed to have been amended in any respect unless the City and Developer formally amend the Agreement before the expiration of said temporary extension(s). Any such amendment to the Agreement must be in writing and duly approved and executed by the City and the Developer. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 8t" day of May 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF Minna AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 5/8/2018 Consider/Discussion/Act on potential vacancy for City Council Place 2. (City Council) SUMMARY: STAFF RECOMMENDATION: