HomeMy WebLinkAboutRes 2022-02-1109 Granting of Funds not to exceed $208,990.06 To Zablink Hospitality, LLC As authorized By Section 505.158A RESOLUTION
APPROVING A
CORPORATION
$2081990.06 TO
505.158 OF THE
READINGS
CITY OF ANNA, TEXAS
RESOLUTION NO. � 9 . 11�q
OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
PROJECT OF THE ANNA COMMUNITY DEVELOPMENT
INCLUDING THE GRANTING OF FUNDS NOT TO EXCEED
ZABLINK HOSPITALITY, LLC AS AUTHORIZED BY SECTION
TEXAS LOCAL GOVERNMENT CODE WITH TWO SEPARATE
WHEREAS, the Anna Community Development Corporation (the "CDC") held a
Public Hearing on February 10, 2022 and approved an Agreement expending
funds to incentivize a hotel project with Zablink Hospitality LLC (the "Project");
WHEREAS, the City of Anna, Texas (the "City") finds that the Project will promote new
or expanded business development in and near the City of Anna, Texas;
WHEREAS, the City desires to enter into that certain Incentive Agreement for New
Economic Development Agreement attached hereto as Exhibit A (the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Findings
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Funding
The City Council of the City of Anna, Texas hereby approves the project and the funding
that is the subject matter of the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
22nd day of February 2022. \ot,,,,,,,,ff
APPROVED:
Nate Pike, Nlayor
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT
THIS INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT (this
"Agreement") is entered into by and between the Anna Community Development
Corporation (the "CDC") and Zablink Hospitality LLC, a Texas limited liability company
("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 rooms; (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 of Anna, Texas (the "City") curTently lacks an establishment similar
to the Hotel Project to serve hospitality and lodging needs of the City and nearby areas
and the CDC's Board of Directors has found that the Hotel Project will promote new or
expanded business development; 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 CDC recognizes the positive economic impact that Hotel will bring to
the City through development and diversitication 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
reimbursement of a certain portion of development fees that Developer shall pay to the
City (the "Incentive Grant") and the CDC is willing to pay the Incentive Grant under and
subject to the terms and conditions of this Agreement.; and
WHEREAS, the CDC is authorized to grant the Incentive Grant under Chapter 505 of the
Texas Local Gov't Code;
NOW, THEREFORE, in consideration of the covenants, promises, and conditions
stated in this Agreement, the CDC and Developer agree as follows:
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1
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 CDC Board of Directors has approved and adopted this
Agreement and the CDC's President has executed same; (2) Developer has duly executed
this Agreement and delivered same to the CDC; and the City of Anna, Texas City Council
has approved the Hotel Project by resolution after two separate readings.
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.
2.02 The CDC may, at its sole discretion, terminate this Agreement if Developer
defaults by: (1) failing to timely commence construction of the Hotel Project in
accordance with Section 4.01; (2) by failing to timely obtain a Certificate of Occupancy
in accordance with Section 4.01; (3) by failing to timely pay the Impact Fees and Permit
Fees in accordance with Section 4.01; or (4) otherwise breaching its obligations or
warranties under this Agreement. If this Agreement is terminated by the CDC under this
paragraph, then the CDC shall have no obligation to pay the Incentive Grant to Developer.
The CDC 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
Project in accordance with applicable City Regulations that permits the Hotel Project to
open to the public and operate. 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 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 obtain a building permit from the City and
commence the work of constructing any part of the vertical structure composing any part
of the Hotel Project.
"Development" means the Development 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 Project.
"Effective Date" means the date described in Section 1 of this Agreement.
"Incentive Grant" means the dollar amount of $208,990.06.
"Parties" mean the CDC 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.
Section 4. Developer Obligations. The obligationsincluding without limitation the
requirements to meet all deadlines —set forth in this Section 4 are conditions for the
Developer to receive the Incentive Grant,
4.01. Construction, Location, and Operation of the Hotel Project; Impact Fees
and Permit Fees, The Hotel Project shall be located and constructed within the Property
consistent with the site plan attached hereto as Exhibit B. The Deadline for Developer to
Commence Construction of the Hotel Project is 150 days after the Effective Date. The
Deadline for Developer to obtain a Certificate of Occupancy for the Hotel Project is 548
days after the Effective Date. In addition, Developer must timely pay the City under
applicable City Regulations at least $253,023.96 in development fees consisting of the
following:
• $148,624.06
• $30,259.00
• $255640.00
• $4,467.00
• $425073,90
• $1,960.00
Roadway Impact Fees
Water Impact Fees
Wastewater Fees
Irrigation fees
Building Permit fees
Meter fees
4.02. Public Improvements GenerallX. 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, 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
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3
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. Construction of such improvements shall not be commenced until a
preconstruction conference has been held regarding the proposed construction and City
has issued a written notice to proceed.
4.03. 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.
4.04. Insurance.
(a) Developer shall or shall cause the construction contractors) 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
$130005000.00. 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.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4
4.via Developer Pays All Fees and Costs. Developer shall 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, insurance
premiums, interest, carry cost, financing fees and all other- fees, costs and expenses
incurred in connection with the construction of the Public Improvements.
4.06. City Regulations. Developer acknowledges that Development 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. Incentive Grant.
Provided that the CDC has not terminated or initiated termination of this
Agreement under Section 2.02, the CDC hereby approves the payment of the Incentive
Grant to the Developer, which shall be paid to Developer within 30 days after Developer
timely obtains a Certificate of Occupancy for the Hotel Project.
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.
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
additional conditions for Developer to receive the Incentive Grant. Developer shall
notify the CDC if and when any of the following warranties are no longer accurate. The
failure to so notify the CDC is a material breach of this Agreement. Developer warrants
and represents to the CDC the following:
7.01. Developer is a Texas 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,
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5
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 CDC 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
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.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 6
8.04. Force Majeure. Each Party shall use good faith, due diligence and
reasonable care in the performance of its respective obligations under this Agreement, and
time shall be of the essence in such performance; however, in the event a Party is unable,
due to force majeure, to perform its obligations under this Agreement, then the obligations
affected by the force majeure shall be temporarily suspended equal to the time period the
Party was delayed, except that the obligation of any Party to make any payments required
pursuant to this Agreement shall not be suspended by force majeure. The term "force
majeure" shall include any delay due to any of the following acts or events: (a) wars,
terrorism, civil disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b)
transportation disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work
stoppage or slowdown or other labor disputes or material shortages; (d) adverse weather
conditions, including rain of unusual duration or volume, hurricanes, lightning, tornadoes,
earthquakes, floods or acts of God; (e) epidemics or pandemics or any governmental
orders, actions, shut -downs, mandates, restrictions or quarantines, or any quasi -
governmental orders, actions, shut -downs, mandates, restrictions or quarantines resulting
from any epidemics or pandemics, and any public health emergencies, whether declared
by local, state or federal governmental authorities or agencies; (f) labor shortages or
moratoriums; (g) fire or other material casualty; (h) mechanical failure of equipment; (i)
utility delays or interruptions; 0) any emergency event that threatens imminent harm to
property or injury to persons; (k) any other causes of any kind whatsoever, whether similar
to those enumerated or not, which are beyond the control of such Party in the performance
of its obligations hereunder; provided, however, in all cases, only to the extent that the
Party claiming force majeure (1) did not cause such force majeure condition, and (2)
throughout the pendency of such force majeure condition, utilizes commercially
reasonable efforts to minimize the impact and delays caused by such force majeure
condition. If a Party is delayed due to force majeure, then such Party shall provide written
notice of the delay and applicable extension of time periods to the other Party. In addition,
a Party that has claimed the right to temporarily suspend its performance under this section
shall provide written reports to the other Party at least once every week detailing: (i) the
extent to which the force majeure event or circumstance continue to prevent the Party's
performance; (ii) all of the measures being employed to regain the ability to perform; and
(iii) the projected date upon which the Party will be able to resume performance, which
projected date the Parties agree and acknowledge is only an estimate and not a binding
commitment by the Party claiming force majeure.
8.05. Assignment. Except as provided Uelow, Developer may not assign all or
part of its rights and obligations under this Agreement to a thud party without prior written
approval of CDC, which approval will not be unreasonably withheld or delayed. The CDC
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 CDC
expressly consents to any assignment described in the preceding sentence and agrees that
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 7
no further consent of the CDC to such an assigmment will be required. Developer agrees
to provide the CDC 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 CDC AND THEIR
RESPECTIVE OFFICIALS, OFFICERS, BOARD MEMBERS, EMPLOYEES,
REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY 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 OR THE CDC OR THEIR RESPECTIVE
OFFICIALS, OFFICERS, BOARD MEMBERS, AGENTS, EMPLOYEES OR
SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRING NEGLIGENCE OR FAULT OF CITY AND/OR CDC 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 THE
CITY OR CDC 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 CDC 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 CDC
or the City in connection with this Agreement was incorrect or misleading
A
n any material respect when made.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 8
(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.
(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 deadlines, material requirements, obligations, duties, terms,
conditions or warranties of this Agreement.
8.08. Notice of Default. Should the CDC determine that Developer is in default
according to the terms of this Agreement, the CDC 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 fiom the CDC. Should the CDC 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 CDC and the CDC 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 Uncul•ed Default by Developer. After exhausting good faith
attempts to addles 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 CDC, the Developer shall pay the CDC its reasonable attorney fees and
costs of court to collect amounts due to enforce or terminate this Agreement. Upon full
payment by Developer of all sums due, the CDC and Developer shall have no further
obligations to one another under this Agreement. Neither the CDC 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
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 9
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 CDC. 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 CDC to promptly avail itself of the rights and remedies that the CDC
may have, will not be considered a waiver on the part of the CDC, but the CDC may at
any time avail itself of the rights or remedies or elect to terminate this Agreement on
account of the default.
8.11. Limitation of Remedies. Developer specifically agrees that the CDC 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
CDC 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: Zablink Hospitality LLC
Attn: Inayatali Rajani
555 Republic Dr., Suite 500
Plano, Texas 75074
CDC: Anna Colmnunity Development Corporation
Attn.: Economic Development Director
111 N. Powell Pkwy
Anna, Texas 7540M776
Clallc 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 Project Site Plan
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10
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 CDC and
Developer will act in an individual capacity, and not as agents, representatives,
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 CDC 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
CDC 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.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11
8.20. Sole Agreement, This Agreement constitutes the sole agreement between
the CDC 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
rights, privileges or causes of action upon any third party.
8.22. Bindin�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.
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INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12
EXECUTED BY THE PARTIES:
ZABLINK HOSPITALITY LLC a Texas limited liability company
By:
Saad Aziz, its Member
State of Texas
County of
Before me, on this day personally appeared Saad Aziz, 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 Member of Zablink Hospitality LLC for the
purposes and consideration therein expressed.
Given under my hand and seal of office this day of
Notary —State of Texas
ANNA COMMUNITY DEVELOPMENT CORPORATION
By:
Anthony Richardson, its President
State of Texas
County of Collin
2022.
Before me, on this day personally appeared Anthony Richardson, 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 President of Aria Community Development
Corporation for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of
Notary —State of Texas
2022.
INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13
Exhibit A
Leal Description of the Property
AIVIVA TOWN CENTER H07"EL - L V 13
F.T. DAFFAU SURVEY 2.UU2 ACRES, A-288
THOMAS RATTON SURVEY, A-782,
CITY OF ANNA, COLLIN COUNTY, TEXAS
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ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.�C` 1
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING AN INCENTIVE AGREEMENT WITH ZABLINK
HOSPITALITY LLC FOR HOTEL PROJECT
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds to incentivize a hotel project (the "Project");
WHEREAS, the CDC Board of Directors (the "Board") finds that the Project will promote
new or expanded business development in and near the City of Anna, Texas;
WHEREAS, the CDC Board of Director's desires to enter into that certain Incentive
Agreement for New Economic Development Agreement attached hereto as Exhibit A
the "Agreement");
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above ar'e incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Board President to execute the Agreement subject to
approval as to legal form by the CDC's legal counsel and to charge the CDC's contract
services line item in an amount not to exceed $208,990.06 in the Fiscal Year 2021-2022
for community and economic development purposes.
PASSED AND APPROVED by the Anna Community Development Corporation this 10°i
day of February 2022.
APPROVED: ATTEST:
Feb 14, 2022
Anthony Richardson, CDC President
Feb 15, 2022
Rocio Gonzalez, CDC Secretary