HomeMy WebLinkAboutRes 2019-03-549 Agreement with Zablink Hospitality, LLC for Deferrement of Roadway Impact FeesRESOLUTION NO. ,� 9-- 0,7L`�c��
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING A PROJECT LOCATED AT ANNA TOWN CENTER HOTEL — LOT 3,
F.T. DAFFAU SURVEY, A-288 THOMAS RATTON SURVEY, A-782, CITY OF ANNA,
COLLIN COUNTY, TEXAS AND RELATED INCENTIVE AGREEMENT FOR NEW
ECONOMIC DEVELOPMENT WITH ZABLINK HOSPITALITY, LLC AND THE CITY
OF ANNA, COLLIN COUNTY, TEXAS AND AUTHORIZING THE DEFERMENT OF
THE TIME AT WHICH A CERTAIN PORTION OF ROADWAY IMPACT FEES
ASSESSED ON THE PROJECT SHALL BE DUE AND PAYABLE TO THE CITY OF
ANNA UNDER SAID AGREEMENT
WHEREAS, the City Council of the City of Anna, Texas desires a deferment of the time
at which a certain portion of roadway impact fees assessed on the Project shall be due
and payable to the City in support of a community development project that will create
and retain new jobs, and that will result in new capital investment within the corporate
limits of the City of Anna, Texas ("City"); and
WHEREAS, the City Council of the City of Anna has received an application for economic
development incentives from Zablink Hospitality, LLC for the development of a Holiday
Inn Express Hotel in Anna Town Center; and
WHEREAS, the operation of the Holiday Inn Express Hotel in the City will directly create
a minimum of 10 jobs; and
WHEREAS, the City Council of the City of Anna has determined that it would be beneficial
for the City to provide Zablink Hospitality, LLC a deferment of the time at which a certain
portion of roadway impact fees assessed on the project shall be due and payable to the
City provided that the promised jobs and capital investment are completed according to
the terms of the Agreement, as more specifically set forth in the Agreement; and
WHEREAS, the City Council of the City of Anna has found that the Project will promote
new or expanded business development and that the deferment of the time at which a
certain portion of roadway impact fees assessed on the Project shall be due and payable
to the City is necessary to promote or develop new or expanded business enterprises;
WHEREAS, the City is authorized to grant the deferment under Chapter 380 of the Texas
Local Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Agreement
The CITY COUNCIL OF THE CITY OF ANNA hereby approves the INCENTIVE
AGREEMENT FOR NEW ECONOMIC DEVELOPMENT with Zablink Hospitality, LLC
and the City of Anna, Texas ("Agreement") attached hereto as EXHIBIT A, incorporated
herein for all purposes, and authorizes the Mayor to execute same on its behalf, subject
to approval as to form by legal counsel for the City, said Agreement to be effective upon
its passage and as set forth in said Agreement.
Section 3. Administration
The City hereby authorizes the City Manager or his designee to administer the
Agreement.
PASSED AND APPROVED by the City Council of the City of Anna on this 12th, day of
March 2018.
City of Anna, Texas
Nate Pike, Mayor
ATTEST:
(1,6 A A ' ' a ) —/� 6
Carrie Smith, City Secretary
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT
THIS INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT (this
"Agreement") is entered into by and between the City of Anna, Texas (the "City") and
_Zablink Hospitality ("Developer").
WHEREAS, Developer owns real property consisting of approximately 2.002 acres and
described and depicted in further detail in the attached Exhibit A (the "Property"); and
WHEREAS, the Property is currently undeveloped and the Developer plans to develop
the Property and use the Property solely as the site for a Holiday Inn Express Hotel that
shall contain a minimum of 93 hotel roomsi (the "Hotel"); and
WHEREAS, a proposed site plan of the Property is attached hereto as Exhibit B, which
sets forth the layout of parking lots, traffic areas, fire lanes, buildings, and other
development aspects planned for development of the Property; and
WHEREAS, the City currently lacks an establishment similar to the Hotel to serve
hospitality and lodging needs of the City and nearby areas; and
WHEREAS, it is projected that the location and operation of the Hotel in the City will
directly create a minimum of 10 jobs; and
WHEREAS, the City recognizes the positive economic impact that Hotel will bring to the
City through development and diversification of the economy, reduction of
unemployment and underemployment through the production of new jobs, the attraction
of new businesses, and the additional tax revenue; and
WHEREAS, as an incentive to develop the Hotel, the Developer has requested a
deferment of the time at which a certain portion of Roadway Impact Fees assessed on the
new development on the Property shall be due and payable to the City (the "Deferment")
and the City is willing to grant the Deferment under and subject to the terms and
conditions of this Agreement.; and
WHEREAS, the City is authorized to grant the Deferment under Chapter 380 of the Texas
Local Gov't Code and Chapter 395 of the Texas Local Gov't Code;
NOW, THEREFORE, in consideration of the covenants, promises, and conditions
stated in this Agreement, the City and Developer agree as follows:
Section 1. Effective Date.
The Effective Date of this Agreement shall be the date that the last of the following
events have occurred: (1) the City of Anna, Texas City Council ("City Council") has
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1
approved and adopted this Agreement; and (2) Developer has duly executed this
Agreement and delivered same to the City.
Section 2. Term and Termination.
2.01 The term of this Agreement shall commence on the Effective Date and it
shall continue in effect until such time as the parties have fulfilled their obligations
hereunder, unless terminated earlier under the provisions of this Agreement. The term of
the Deferment shall be for a period of two years after the Effective Date ("Deferment
Period").
2.02 This Agreement and all obligations of the Parties hereto shall terminate
upon full performance of the Parties' respective obligations under this Agreement. The
City may, at its sole discretion, terminate this Agreement if Developer defaults by failing
to timely commence construction, construct, or cause to be constructed, the Hotel, in
accordance with Section 4.01 of this Agreement or otherwise breaches its obligations or
warranties under this Agreement. If this Agreement is terminated by the City under this
paragraph, the Deferment Period shall be deemed to have expired upon the effective date
of the termination and Developer shall have an unconditional obligation to immediately
repay the City the full amount of the Deferment Amount, as said term is defined herein.
The City may cause this Agreement to terminate by following the notice and cure
provisions set forth in Section 8.08 and 8.09 of this Agreement.
Section 3. Recitals Incorporated and Definitions.
3.01 The recitals in the preamble to this Agreement are hereby incorporated for
all purposes.
3.02 The following words or phrases shall have the following meanings:
"Certificate of Occupancy" means a document entitled "Certificate of Occupancy"
(or other similar title) issued by City upon substantial completion of the Hotel in
accordance with applicable City Regulations. A Certificate of Occupancy shall not include
a certificate issued in error, mistake or misrepresentation of facts, but shall include any
temporary certificate of occupancy or other document authorizing temporary or
conditional occupancy.
"City Code" means the Anna City Code of Ordinances.
"City Council" means the governing body of the City of Anna, Texas.
"City Manager" means the City Manager of the City of Anna, Texas.
"City Regulations" mean City Code provisions, ordinances, design standards,
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2
uniform codes, and other policies duly adopted by the City.
"Commence Construction" means to commence the work of constructing any part
of the vertical structure composing any part of the Hotel.
"Deferment" means the City's grant of a postponement during the Deferment
Period of the Developer's due date for payment of the Deferment Amount..
"Deferment Amount" means the dollar amount of $114,642.06, representing a
portion of the Roadway Impact Fees due for development of the Property.
"Deferment Period" means a time period that shall start on the Effective Date and
end upon the expiration of two years after the Effective Date.
"Development" means the development of the Property including the construction
of Public Improvements necessary to serve the Property, the features shown on the site
plan Attached herein as Exhibit B, and the construction of the Hotel.
"Parties" mean the City and Developer.
"Public Improvements" mean those certain utility, roadway, drainage and other
improvements that Developer is required to construct/install and dedicate to the City.
"Roadway Impact Fees" means those fees assessed against the Property to bee
used by the City to fund roadway improvements included on the applicable City Capital
Improvement Plan.
Section 4. Developer Obligations. The obligations set forth in this Section 4 are
conditions for the Deferment to continue as set forth in Section 5.
4.01. Construction, Location and Operation of the Hotel. The Hotel shall be
located within the Property consistent with the site plan attached hereto as Exhibit B.
Construction work on buildings and site improvements, and all other actions necessary or
required by the City Regulations for issuance of a Certificate of Occupancy for the Hotel,
must be substantially complete within eighteen (18) months after the Effective Date. The
Deadline to Commence Construction of the Hotel is six (6) months after the Effective
Date of this Agreement.
4.02. Performance Bond, Payment Bond and Other Security. Developer shall
execute or cause to be executed one or more valid performance bonds in favor of the City
and one or more valid payment bonds for the construction, work and materials necessary
to complete the Public Improvements. Said bonds may be dual obligee bonds and shall be
in accordance with Texas Government Code, Chapter 2253 and applicable City
Regulations, except that the bonds shall be in an amount that is 110% of the contract price
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3
for each construction contract for any part of the Public Improvements and shall contain
a provision that increases the amount of the bond to the extent that the contract price
increases by change order. Developer shall further execute or cause to be executed a valid
Maintenance Bond in accordance with applicable City Regulations that guarantee the
costs of any repairs which may become necessary to any part of the construction work
performed in connection with the Public Improvements, arising from defective
workmanship or materials used therein, for a full period of two years from the date of final
acceptance of the Public Improvements constructed under any such contract(s).
4.03. Public Improvements Generally. Developer shall provide or cause to be
provided all Public Improvements, and any required or necessary public improvement not
identified in this Agreement that are required by City Regulations in connection with
development of the Property, such as streets, utilities, drainage, sidewalks, trails, street
lighting, street signage, and all other required improvements, at no cost to the City and in
accordance with City Regulations, and as approved by the City's engineer or his or her
agent. Developer shall cause the timely installation of such improvements in accordance
with the City Regulations unless otherwise approved herein. Developer shall provide
engineering studies, plan/profile sheets, and other construction documents at the time of
platting as required by City Regulations. Such plans must be approved by the City's
engineer or his or her agent prior to approval of a final plat of any portion of the
development of the Property. Construction of such improvements shall not be initiated
until a preconstruction conference has been held regarding the proposed construction and
City has issued a written notice to proceed.
4.04. Approval of Plats/Plans. Approval by the City, the City's Engineer or other
City employee or representative, of any plans, designs or specifications submitted by
Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute
or be deemed to be a release of the responsibility and liability of Developer, its engineer,
employees, officers or agents for the accuracy and competency of their design and
specifications. Further, any such approvals shall not be deemed to be an assumption of
such responsibility and liability by the City for any defect in the design and specifications
prepared by Designer's engineer, his officers, agents, servants or employees.
4.05. Insurance.
(a) Developer shall or shall cause the construction contractor(s) that will
perform the construction work related to the Public Improvements to acquire and
maintain, during the period of time when any of the Public Improvements are under
construction (and until the full and final completion of the Public Improvements and
acceptance thereof by the City: (a) workers compensation insurance in the amount
required by law; and (b) commercial general liability insurance including personal injury
liability, premises operations liability, and contractual liability, covering, but not limited
to, the liability assumed under any indemnification provisions of this Agreement, with
limits of liability for bodily injury, death and property damage of not less than
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4
$1,000,000.00. Such insurance shall also cover any and all claims which might arise out
of the Public Improvements construction contracts, whether by Developer, a contractor,
subcontractor, materialman, or otherwise.
(b) Coverage must be on a "per occurrence" basis. All such insurance shall:
(i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the City as an additional
insured and contain a waiver of subrogation endorsement in favor of the City. Upon the
execution of Public Improvement construction contracts, Developer shall provide to the
City certificates of insurance evidencing such insurance coverage together with the
declaration of such policies, along with the endorsement naming the City as an additional
insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-
renewal or modification of same, the City shall receive written notice of such cancellation,
non -renewal or modification.
4.06. Developer Pays All Fees and Costs. The Deferment shall consider to have
expired, if Developer fails to timely pay, or cause third parties to timely pay its
engineering, planning, accounting, architectural, legal fees and expenses, survey, testing,
laboratory costs, license fees, development fees, land clearing and grading costs,
advertising and other bidding costs, amounts due under construction contracts, costs of
labor and material, inspection fees, impact fees not included in the Deferment Amount,
insurance premiums, bond premiums (if applicable), interest, carry cost, financing fees
and all other fees, costs and expenses incurred in connection with the construction of the
Public Improvements.
4.07. City Regulations. Developer acknowledges that development of the
Property must comply with all applicable City Regulations. Except to the extent this
Agreement provides for stricter or more restrictive requirements than those in applicable
City Regulations, the applicable City Regulations shall control.
Section 5. Deferment.
Provided that the City has not terminated this Agreement under Section 2.02 of
this Agreement before the expiration of the Deferment Period, the City hereby grants the
Deferment to the Developer. Upon the expiration of the Deferment Period for any reason,
the Developer shall immediately pay the Deferment Amount to the City.
Section 6. Buy Local Provision.
6.01. Developer agrees to use its commercially reasonable efforts to give
preference and priority to local manufacturers, suppliers, contractors, and labor, except
where not reasonably possible to do so without added expense, substantial inconvenience,
or sacrifice in operating efficiency in the normal course of business.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5
6.02. For the purposes of this section, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons
who reside in or maintain an office within a 50 -mile radius of Collin County.
Section 7. Warranties. The accuracy of the warranties set forth in this Section 7 are
conditions for the Deferment to continue to be in effect. Developer shall notify the City
if and when any of the following warnings are no longer accurate. The failure to so
notify the City is a material breach of this Agreement. Developer warrants and
represents to the City the following:
7.01. Developer is a limited liability company duly organized, validly existing,
and in good standing under the laws of the State of Texas. Developer has all corporate
power and authority to carry on its business as presently conducted in the State of Texas.
7.02. Developer has the authority to enter into and perform, and will perform,
the terms of this Agreement to the best of its ability.
7.03. Developer has timely filed and will timely file all local, State, and Federal
tax reports and returns required by law to be filed and all taxes, assessments, fees, and
other governmental charges related to the Development, including applicable ad valorem
taxes, have been timely paid, and will be timely paid, during the term of this Agreement.
7.04. Any entity(ies)/individual(s) executing this Agreement on behalf of
Developer are duly authorized to execute this Agreement on behalf of Developer.
7.05. In accordance with Chapter 2264 of the Texas Government Code,
Developer certifies that neither it, nor a branch, division, or department of Developer, will
ever knowingly employ an undocumented worker and that if, after receiving any public
subsidies under this Agreement, Developer, or a branch, division, or department of
Developer, is convicted of a violation under 8 U.S.C. § 1324a(f), as amended or recodified,
Developer shall repay the total amount of all public subsidies and/or incentives theretofore
received under this Agreement with interest at two percent (2%) per annum not later than
the 120th day after the date the City notifies Developer in writing of the violation. The
Developer does not boycott Israel and will not boycott Israel during the term of this
Agreement.
7.06. No litigation or governmental proceeding is pending or, to the knowledge
of Developer and its general partner and officers, is threatened against or affecting
Developer, or the Development or the Property, that may result in any material adverse
change in Developer's business, properties or operation.
7.07. Developer shall not be in breach of any other contract by entering into and
performing this Agreement. Developer shall amend or enter into any other contract that
may be necessary for Developer to fully and timely perform its obligations under this
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 6
Agreement.
Section 8. Miscellaneous.
8.01. Compliance with Laws. Developer shall observe and obey all applicable
laws, ordinances, regulations, and rules of the Federal, State, county, and city
governments related to the Development.
8.02. Non -Discrimination. Developer covenants and agrees that Developer will
not discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services for the Development on the grounds
of race, religion, national origin, marital status, sex, age, disability, or in any manner
prohibited by the laws of the United States or the State of Texas.
8.03. Time Periods. Time is of the essence in the performance of this Agreement.
8.04. Force Majeure. If the City or Developer are prevented, wholly or in part,
from fulfilling their respective obligations under this Agreement, by reason of any act of
God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or
regulation, war, riot, civil commotion, insurrection, inclement weather, floods, shortages
of labor or materials, strikes, other events of force majeure, or by reason of circumstances
beyond its control, then the obligations of the City, the City or Developer are temporarily
suspended during continuation of the force majeure. If either party's obligation is affected
by any of the causes of force majeure, the party affected shall promptly notify the other
party in writing, giving full particulars of the force majeure as soon as possible after the
occurrence of the cause or causes relied upon.
8.05. Assignment. Except as provided below, Developer may not assign all or
part of its rights and obligations under this Agreement to a third party without prior written
approval of City Council and the City, which approval will not be unreasonably withheld
or delayed. The City agrees, however, that Developer may assign all or part of its rights
and obligations under this Agreement to any entity affiliated with Developer by reason of
controlling, being controlled by, or being under common control with Developer or to a
third -party lender advancing funds for the construction or operation of Public
Improvements. The City expressly consents to any assignment described in the preceding
sentence and agrees that no further consent of City Council or the City to such an
assignment will be required. Developer agrees to provide the City with written notice of
any such assignment. The foregoing notwithstanding, any assignment of Developer's
rights under this Agreement shall not release Developer from its obligations hereunder.
8.06. INDEMNITY. DEVELOPER COVENANTS TO FULLY INDEMNIFY,
DEFEND, SAVE, AND HOLD HARMLESS THE City, THE CITY, AND THEIR
RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 7
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING WITHOUT
LIMITATION DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE FEES AND ASSOCIATED EXPENSES OF
ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF
DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS,
MATERIAL MEN OR EMPLOYEES THAT RELATE IN ANY MANNER TO
DEVELOPER'S PERFORMANCE OF THIS AGREEMENT OR TO THE DESIGN,
CONSTRUCTION OR INSTALLATION OF THE PUBLIC IMPROVEMENTS AND
ANY OTHER IMPROVEMENTS OR CONSTRUCTION RELATED TO THE
DEVELOPMENT, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE
TO PUBLIC PROPERTY. THE INDEMNITY PROVIDED FOR ABOVE SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR
FAULT OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING
NEGLIGENCE OR FAULT OF CITY AND DEVELOPER, RESPONSIBILITY AND
INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE
LAW OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT
WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
DEVELOPER'S OBLIGATIONS UNDER THIS SECTION 8.06 SHALL SURVIVE
THE TERM OF THIS AGREEMENT.
8.07. Events of Default by Developer. In addition to other events of default by
Developer set forth in this Agreement, each of the following events constitute a default of
this Agreement by Developer:
(a) The City or City reasonably and in good faith determines that any
representation or warranty on behalf of Developer contained in this
Agreement or in any financial statement, certificate, report, or opinion
submitted to the City or the City in connection with this Agreement was
incorrect or misleading in any material respect when made.
(b) Any attachment or other levy against the Development or any portion
thereof with respect to a claim, excluding mechanic's and materialman's
liens, remains unpaid, undischarged, or not dismissed for a period of 120
days.
(c) Developer makes an assignment for the benefit of creditors.
(d) Developer files a voluntary petition in bankruptcy or is adjudicated
insolvent or bankrupt.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 8
(e) If taxes owed to the City by Developer become delinquent, and Developer
fails to timely and properly follow the legal procedures for protest or
contest.
(f) Developer fails to timely, fully and completely comply with any one or
more of the material requirements, obligations, duties, terms, conditions
or warranties of this Agreement.
8.08. Notice of Default. Should the City or City determine that Developer is in
default according to the terms of this Agreement, the City or City shall notify Developer
in writing of the event of default, and provide 30 days from the date of the notice ("Cure
Period") for Developer to cure the event of default; provided, however, in the event if
such event of default is not able to be cured within such 30 -day period, Developer shall
be permitted additional time to effectuate such cure, provided, that in no event shall the
Cure Period exceed 60 days from the date of notice from the City. Should the City fail to
timely, fully and completely comply with any one or more of its obligations under this
Agreement, such failure shall be an act of default by the City and the City shall have sixty
60 days to cure and remove the Default after receipt of written notice to do so from
Developer.
8.09. Results of Uncured Default by Developer. After exhausting good faith
attempts to address any default during the Cure Period, and taking into account any
extenuating circumstances that might have occurred through no fault of Developer, as
determined by the City, the Developer shall immediately pay the City the Deferment
Amount and shall pay the City reasonable attorney fees and costs of court to collect
amounts due to City if the Deferment Amount is not immediately repaid upon demand
from the City. Upon full payment by Developer of all sums due, the City and Developer
shall have no further obligations to one another under this Agreement. Neither the City
nor Developer may be held liable for any special or consequential damages.
8.10. No Waiver. No waiver of any covenant or condition, or the breach of any
covenant or condition of this Agreement, constitutes a waiver of any subsequent breach
of the covenant or condition of this Agreement. No waiver of any covenant or condition,
or the breach of any covenant or condition of this Agreement, justifies or authorizes the
nonobservance on any other occasion of the covenant or condition or any other covenant
or condition of this Agreement. Any waiver or indulgence of Developer's default may not
be considered an estoppel against the City. It is expressly understood that if at any time
Developer is in default in any of its conditions or covenants of this Agreement, the failure
on the part of the City to promptly avail itself of the rights and remedies that the City may
have, will not be considered a waiver on the part of the City, but the City may at any time
avail itself of the rights or remedies or elect to terminate this Agreement on account of the
default.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 9
8.11. Limitation of Remedies. Developer specifically agrees that the City shall
not be liable to Developer for any actual or consequential damages, direct or indirect,
interest, attorney fees or related expenses, or cost of court for any act of default by the
City under the terms of this Agreement.
8.12. Notices. Any notice and/or statement required and permitted to be
delivered under this Agreement shall be deemed delivered by depositing the same in the
United States mail, certified with return receipt requested, proper postage prepaid,
addressed to the appropriate party at the following addresses, or at such other addresses
provided by the Parties in writing.
DEVELOPER:
CITY:
Zablink Hospitality
Attn: Zafar Khan
13111 N. Central Expressway, Suite 150
Dallas, Texas 75243
City of Anna
Attn.: City Manager
P.O. Box 776,
Anna, Texas 75409-0776
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Notice is effective upon deposit in the United States mail in the manner provided above.
8.13. Incorporation of Other Documents. The Exhibits referenced in this
Agreement and attached hereto are incorporated herein as if set forth in full for all
purposes. Said Exhibits include the following:
Exhibit A, Legal Description of the Property
Exhibit B, Hotel Site Plan
8.14. Amendments or Modifications. No amendments or modifications to this
Agreement may be made, nor any provision waived, unless in writing signed by a person
duly authorized to sign Agreements on behalf of each party.
8.15. Relationship of Parties. In performing this Agreement, both the City and
Developer will act in an individual capacity, and not as agents, representatives,
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10
employees, employers, partners, joint -venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees or
agents of the other party for any purpose. At no time shall the City or the City have any
control over or charge of Developer's design, construction or installation of any of the
infrastructure or public improvements that are the subject of this Agreement, nor the
means, methods, techniques, sequences or procedures utilized for said design,
construction or installation. This Agreement does not create a joint enterprise between the
City and Developer.
8.16. Captions. The captions in this Agreement are for convenience only and are
not a part of this Agreement. The captions do not in any way limit or amplify the terms
and provisions of this Agreement.
8.17. Severability. If for any reason, any section, paragraph, subdivision, clause,
provision, phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable, will
not be affected by the law or judgment, for it is the definite intent of the Parties to this
Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement be given full force and effect for its purpose. To the extent that any
clause or provision is held illegal, invalid, or unenforceable under present or future law
effective during the term of this Agreement, then the remainder of this Agreement is not
affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,
a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable, will be added to this
Agreement automatically.
8.18. Venue. Venue for any legal action related to this Agreement is in Collin
County, Texas.
8.19. Interpretation. The Parties have been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. This Agreement was
drafted equally by the Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
8.20. Sole Agreement. This Agreement constitutes the sole agreement between
the City and Developer as relates to the Development. Any other prior agreements,
promises, negotiations, or representations related to the Development, verbal or
otherwise, not expressly stated in this Agreement, are of no force and effect.
8.21. Third Party Beneficiaries. This Agreement is not intended to confer any
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11
rights, privileges or causes of action upon any third party.
8.22. Binding Agreement. This Agreement shall be binding on and inure to the
benefit of the Parties to it and their respective heirs, executors, administrators, legal
representatives, successors, and permitted assigns.
8.23. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and the binding agreement of
each Party to the terms herein, but all of which together will constitute one and the same
instrument.
8.24. Recording. The Parties agree that neither this Agreement, nor any
memorandum or short form of this Agreement, shall be recorded.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12
EXECUTED BY THE PARTIES:
Zablink Hospitality, a Texas limited liability company.
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By:
Arman RajaKi Authorized Signatory Inayattali Ragani
State of Texas
County of Collin
Before me, on this day personally appeared _� fkf) 4 ?- tq , known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same in his capacity as M n-NRC,t ry � rVl EA4
of DL for the purposes and consideration therein
expressed.
Given under my hand and seal of office this 1 a day of
����"�. ASIFA SHAMIM
"'r°,r.,--Notary Public, State of Texas
,'• Pc Comm. Expires 03-17-2020
°�' �+ IJotary ID 130536668
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l'l A-P-C-�f 2019.
Notary — StAt4/of Texas
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13
CITY OF ANNA, TEXAS
By: /
Na et Pike, Mayor
State of Texas
County of Collin
Before me, on this day personally appeared Nate Pike known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as Mayor of the City of Anna, Texas.
Given under my hand and seal of office this 12th day of March 2019.
CARRIE L. $MffH
rAy Notary IQ 11419404
Expi
res February 4, 2023
Notary — State of � exas
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 14
Exhibit A
Legal Description of the Property
ANNA TOWN CENTER HOTEL - LOT 3
F.T. DAFFAU SURVEY 2.002 ACRES, A-288
THOMAS RATTON SURVEY, A-782,
CITY OF ANNA, COLLIN COUNTY, TEXAS
Exhibit B
Hotel Site Plan
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