Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Res 2016-10-235 Waiver for Anna Town Center N. 7
CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA TOWN CROSSING PHASES 7-10; APPROVING A REQUEST FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III -A, ARTICLE 3, SECTION 1.15 REGARDING BLOCK LENGTHS; APPROVING A REQUEST FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III -B TABLE 2.1, DESIGN STANDARDS REGARDING CENTERLINE RADIUS ALONG LEONARD BLVD.; AND APPROVING AN ALTERNATIVE SCREENING DEVICE FOR FINLEY BLVD. WHEREAS, in order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna Town Center No. 7-Lnrd, Ltd has submitted an application for approval of a preliminary plat of the Anna Town Crossing Phases 7-10 Subdivision; WHEREAS, Article 1, Section 10 of the Subdivision Regulations allow the City Council to consider waivers or suspensions of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal; and WHEREAS, Anna Crossing AMC, Ltd is requesting that the City Council vary the requirements in Part - III A Section1.15 of the Subdivision Rules and Regulations regarding Maximum and Minimum Length of Block or Street Segments for Blocks 2, 4, 5, 6, 8, and 25; and WHEREAS, Anna Crossing AMC, Ltd is requesting that the City Council waive or vary the requirements in Part - III B Table 2.1of the Design Standards regarding minimum radius of 6 lane divided thoroughfare (Leonard Blvd.) within the Anna Town Square development; and WHEREAS, The City Council finds that the reduced minimum radius on Leonard Blvd. will have a calming effect on traffic traversing through the development; and WHEREAS, the Planning and Zoning Commission has reviewed these waiver requests on September 6th, 2016 and recommended that the City Council approve the waivers subject to compliance with the certain conditions described herein; and WHEREAS, the City Council finds that granting the waivers will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity; and WHEREAS, the City Council finds that the conditions upon which the request for a waiver(s) is based are unique to the property for which the waiver is sought, and are not applicable generally to other property; and RESOLUTION NO {,;'s 1_�IV; —� PAGE 1 OF 3 WHEREAS, the City Council finds that because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; and WHEREAS, the City Council finds that the waiver(s) will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and WHEREAS, the City Council finds that an alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations; WHEREAS, the applicant has requested approval of an alternative screening device on Finley Blvd. to match Leonard Drive screening by using landscaping and berms as shown in Exhibit A -D; and WHEREAS, Section 7.01 (F) of the Anna Subdivision Rules and Regulation establishes the process and rules for approving Screening Wall Alternatives, and WHERAS, the City Council has made the appropriate analysis of the landscape and berm system requested, and finds and determines that approval of the Alternate screening material is appropriate and serves the 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 Preliminary Plat The City Council hereby approves the preliminary plat of Anna Town Crossing Phases 7-10 attached hereto as Exhibit E. Section 3. The City Council hereby approves a variance of the minimum centerline radius of Leonard Drive from 1200' to 800', as more fully described and illustrated on Exhibit E. Section 4. The City Council hereby approves a variance of the maximum allowed block length from 800' up to 1,300' for Blocks 2, 4, 5, 6, and 8, as more fully described and illustrated on Exhibit E. Section 5. The City Council hereby approves a variance of the minimum allowed block length from 400' to 335' for Block 25, as more fully described and illustrated on Exhibit E. s d" RESOLUTION NO-�(..'`s PAGE 20F3 Section 6. The City Council hereby approves the Alternate screening method of landscaping and berms for the screening devices required by the Subdivision Regulations adjacent to Finley Blvd, as more fully described and illustrated in Exhibits A, B, C, and D attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th, day of October 2016. ATTEST:- r/t/,,,APPROVED: OF ,q %. City Secretary Carrie``L. Smith e If/Iybr Mike Crist e Exhibits A-E 011111 RESOLUTION NO - '." s` PAGE 3 OF 3 LO LO "'t TY �... i � .. "'"i F lF �v� pj � �:�° , � I � � ;� '� , >C-_' �mry=fmu mz seazz'aaelwazzraaelzv�stxi'�ewl v9a my>m+vwx uz NVId 5NISVHd 3wnbS NMOl VNNV .9 wsxmss V J N I a 3 3 N I J N 3` Cl a Is I N x V a `, �� vino M3N3a ao� x jyJ SVX31 'VNNV 3 wnbS NMO-L VNNV S1N3W3AO2ddWI 133211S 3AR14 A3lNId AMWMDMU mud v �9 :• I ll ! t rt a it i f� w d O to 0 o,va', u ats- u U m i God g$ffe e a8 E� ao=� _ €�ua� :` F <d cn a g z W� h -i a f Ln Ln - a �e tj� c IosaO o N �s �- o �� `s �s ®p ce a U LuODZ s z �=z ��, $� o a OZ wU< w�FzF - n� a 8 Izi UOU e a O "ate ic� W�II��,,, z ^ n „ n, O 1I y�s m s� o< � N p z Q Paams w Z �' Q u- N Q C7 J / 3�5 S Q _rr LL mLLr 1 j 1 g„ 3 "JI 91 FyI 93 I f'I i - t! 1 - i a°�` nI. o s `dl 5� s I I +I-- 'I I �, �" S� � WI i $' I ��� m Pyr ;_� I � ♦-I � raozr — �g I I •. nr_azr — Jl n,"n I — — „G\3 t. -_-.L` II's y'tls arvr ---III P marcr —s Y- I IG, I O a�„• f� �g Q I I .v dal (?_ C — —21 7T K .�i � re „ kl p4 I I _Tc� IG I m6 \ 9� I I P 19 snI 5. ;: � � � � � ;, 0-a__ rl � wm I 1 j I -I • . �,hiv�s � •� , , , � I is n� q gs i €g g 7 gltja 01 v 4-n. Oi£S�39Vd'ft 5411 �— _ •.` l 6 /_```/ 9`° p$9g r l pi p55 w� x�� 3H - bz oyy a O F f-- � obi } a � os lob ¢N�Z O J U O Ln 8 > �� �zm O o L%U = Q E z Y c, 5� $_? ty o ) L Z W d O z Z J ' ¢ as 6 ° z� �" d LI--I �Z cue oz OU r LU Q ce Q a E �I ol2Pao LOL Q' d W W B N O N z o �W N o ¢ Z m Q �b 8'. Z M a LL N a U trt,i I\*tA \s_ _ AY��§l�II4 s, ss \\` €/ `�\ I $ g"ca \"baf,b� k'�� //Fg /�eN\�^� r=•LS�/��W``A �_ �9e ; �P �� �.�1 �\-L__L � J •,Z�O---_-�$- LL $� d _ii \"•''a��s�C`sn �-_--_ tl\ _—' __ � �i0'r ger a'a� 3nR/008 g�c VNO 3lZ�,> I 'VIA — Vl to �� ��_ /'\_ `•`�% \��- � — l.� ' - _ �v i{': i r�' 7 ��'��• 3nR14 021VN031 I I \MyO`� R It �L 1_I s- v _!VIA jo-usroos as9, 1 70„ € ,/'` __ `rn J3318B NHOC ply �R --� _les_ 1 ^& rel t7 LL �� �I. I� S I•I zF'Q PI I .,; �1— n�, LL a J� ' assm✓si ENVI 12N ,OS 3NVl Q70NXV uT-...--- \\ -f t— g 9" I �J" I aLL tl" I' ! in nss zHl' Ii4 Is I /� I I 6,�„- I$ 1$ (° k a $I 8 @ $ o Rb 1 ^Sg 3" 8 $ S �y 5 9� a °�'a 4a ra 9g .. �g �I al���g a .." I 9^�IP ^$ IF I— srt —?'✓�- T� —--1-- I— —� — 1—,� - I ---- —�KJ =L ' l -—L L -aC tlh1-1tr1H9Rl \ ,OSw z_ n•c AVM'jQ-1�IN HSOS la ana wvav a.ssn`uy- –T �s;r=✓t, – 3AM(l WVOV i p IIa �s a� I'^�."r \'^ (II Y�-�I13aL I � I'I' `I \ saux=,: mazr _ r 11 �.� I N�o — — ,ate'=v-i�.\t> t — — J\ a i. — ed §6 » Iry SR Ii IIAN pp - — O w_ 74---d F— (D W �a ag� d a ..Sb �o j U) L/)= > co d o F1c a o G¢ LL E) z F W m O U �(-, �sF Ue 3 Z6Z Y ti Cm �q £ of Oz ° Q O z W d W "' z " > ¢ �g �`� 58G w z �o d inz Q g��$8 F J00 LU ~ vi O N z �n z a �m Q !n Z Q Q O M F, W Oi O 2Q' ma z N LL p��VG 0 �_ 5�8fd8 Q U mss �+ wI C�'tt i _ t e,i f F s{ I 5$ I I a 15 C± "Ikl q&^I 96 `I I Ezsex Atlh9-jtr1H97U US wlI a"I 9= _ — n uxa, ia@ NH to _ � � �g m _ � °T3Z LIZQ six 91 I'FI no LJO ?�' k 7 ��I 9�` I ¢G lel I g t, /I„ _ I 1 I d I NZ J e -e1 7 9�` �T �,n�L�I 14if ----- 1�L�— I G I �YI :I ra sl ;IC', �I bbl e_„ Id ^„ gh �� I �•' I___I� � �S` OSI I F I Fit nl p jI AtlM-�O 1H9IN OS �3�1 R&t r � I'� � \ / � _ I o-st H7' zva _ / Y O g� sl r' mo:c 21LSVnHSOC I"I I a a� ' 1 r J 133 j a 9 t I @ z I 96 / i / I va i + R r -T— I I L L ,. Q� � � K-„ Ita-1 Llr" i L .1 „„ _ za uz AVM i LR'diS 34VJ I,�.I I �� a� .yl I p,i ~ 3°znxari 1332115 NV3S C ' a � � f I FI I ^ -f-- — 15 i ` ' I® • z, 4 I� dss➢,E g� b{ _��t ��) IRI i/ � �ii Yb i ��°v�i z•\ — WIQ rl mex �a�—�' A J �`�31 f „�C^ _ 9�; r`o� \ Iosx z4� r Umx I i/ 1'3 �I IF LL I W ^e pl CI g I p I I_ 9� O .t� 9� I F' X14 '�� "I ,m� I~ �qv Iq — — 1 �9 I /y I a � h' I� I�9 � �'. I I I I � etLLi � 9� 1 i M95RattN • jE� —" — — I ITN —_________ ________ _ OCERI M.rr N.0u5 L '"I a G _ -4 !A 1 j .7J tlM-jtr 981.05 i'�N ADN(IQ . s s �gR b�k+fib C s ofi _ —teau1-4 ce -n—_ - �saases c���cs�Na�mSa 9�� PuI� g sm a❑ ❑ h s�� g g a a X 5 9 � E 7 5 5 �,. � g n-oLL I/j3j ml� — o���l � S U) s LL�l E 6 R C NU) Obi F a cn pp R� ryry %' -I O N O OU s s a$ o oI s�o08 � U h- � w m O Q� z .'� ��� d e R $� z 3vt z as U°ZY > ¢ sA x ae tv ss db";ohd o yo 2 H W d �z W aOb ce r a az x ao b6'3^ d ti LU Uj00 � n. 0 m W z - a � � m s� ❑ � a '^ ^ A ; �bg ago m8 J QLn Z Ln rj o z � � :, �, s P e a (i m Z N o w r� amg� 8 Q 2 O a iia.• ask e M$ e � � $ sa / �6�a s� `� t� —_________ ________ _ OCERI M.rr N.0u5 L '"I a G _ -4 !A 1 j .7J tlM-jtr 981.05 i'�N ADN(IQ . s s �gR b�k+fib C s ofi _ —teau1-4 ce -n—_ - �saases c���cs�Na�mSa 9�� PuI� g sm a❑ ❑ h s�� g g a a X 5 9 � E 7 5 5 �,. � g n-oLL I/j3j ml� — o���l '5 9m la 8 d I NLL °� y 9 ' AWA10-1119M.OS eA. 3NV-I'dldSOd 1m_In1cszlst1 �4 mLL I I I - LL� / T/ srro:as AtlM-10-1N9Ri ,OS ^I 9E @A- K 3 �I 9g ___ .sscs :u �\n °oos arm nts fists rrts srszg sL � I - m -az LI .tem I mm I �m I Ara I r'. Qott ❑ a I-, 98 S J g H q a s[ Atlhi-itr1H91a ,OS "` g — 630 R aszersu AAWC] JVOSI su cw �rjdq -- t - \LJ a s C�,� 9 $/t. g'��S\ Y v /t5 §$-3l i E 6 R C m 6 pp R� ryry S Ya 5 G© m .'� ��� d e R FM ^o. P 3vt p fi as sA vt db";ohd W oitg r a x ao b6'3^ ti a - a � � m r fi ❑ � a '^ ^ A ; � � e sl fi $ a � � :, �, s P e a (i m n ffi 4 4 i 2 a M$ e � � $ v e v a e o 4 8 0 8 8 8 8 8 8¢ 8 8 8~s F 8 S S a S`q' S 8 e 8 8 8$$ a� E R i I 8 R P €c❑s❑ oeec 8= ca"❑E6aE"o0o3ofia"os"a"s"s$e n^ tR GP' p n m IX fi a S 3 P 3n66Tun"❑6nE�e°6$���sc'"cc"Eo"oaf"ae"i;e�i;Eaae '5 9m la 8 d I NLL °� y 9 ' AWA10-1119M.OS eA. 3NV-I'dldSOd 1m_In1cszlst1 �4 mLL I I I - LL� / T/ srro:as AtlM-10-1N9Ri ,OS ^I 9E @A- K 3 �I 9g ___ .sscs :u �\n °oos arm nts fists rrts srszg sL � I - m -az LI .tem I mm I �m I Ara I r'. Qott ❑ a I-, 98 S J g H q a s[ Atlhi-itr1H91a ,OS "` g — 630 R aszersu AAWC] JVOSI su cw �rjdq -- t - \LJ a s C�,� 9 $/t. g'��S\ Y v /t5 §$-3l i E r a - a � � m r fi ❑ � a '^ ^ A ; � � e it $ fi $ a � � :, �, s P e a (i m n ffi 2 a v e v a e o 4 8 0 8 8 8 8 8 8¢ 8 8 8~s F 8 S S a S`q' S 8 e 8 8 8$$ a� E R i I €c❑s❑ oeec 8= ca"❑E6aE"o0o3ofia"os"a"s"s$e a '5 9m la 8 d I NLL °� y 9 ' AWA10-1119M.OS eA. 3NV-I'dldSOd 1m_In1cszlst1 �4 mLL I I I - LL� / T/ srro:as AtlM-10-1N9Ri ,OS ^I 9E @A- K 3 �I 9g ___ .sscs :u �\n °oos arm nts fists rrts srszg sL � I - m -az LI .tem I mm I �m I Ara I r'. Qott ❑ a I-, 98 S J g H q a s[ Atlhi-itr1H91a ,OS "` g — 630 R aszersu AAWC] JVOSI su cw �rjdq -- t - \LJ a s C�,� 9 $/t. g'��S\ Y v /t5 §$-3l i xQX LL 85 (n to (n LUI» to JsW SQA O O z N U W � E 0 m I°j Z e In O N o rn z z Q Q W M O g m CD O � d Q nm�n£as U rl1S'a 10 I' notI �..^� I \ \ I\' Amn•o-�91 •os ` � zstzs 9NV1JINO,I� 16E� 3NV ONOA� (\\ ` � � � `A 51 o, yrL�i �.\ rn.xe<a.es AW-40-IHM ,OS m — arsr i"I 1416 iL x/,11 I zs�s 3AINO ^I I •.,, \\\\\\ \\ `\ `•\\ � r x n I 4 � e�I� la \am� Io m I m I j16I1 5 �34I \ I I .J�j �� /�xatl.i N.ttom. - Atlh1-�O-1H91N .OS _ 'i I`.` sl .ae ( 1 z II '( �S 133/1 J 8 P 3NVl aadsoaa I I m ;I (L �r o,o —r j r T \I 9c Ir Mix (_ I` r� �3 e A33'llI� I$ �I "all g AW 4(111 9 OS ypi �- flP - --- OOL/ I I I 190, I W 0 EEEEE L II I afI LL pIj �I f01� �� I� I 'S\ Of 111yt j r t v 00 MP I9?;M g i O O O0 V)D 'F O =gym e v=z Y �� , w �2 Wa �z Z IL z p� ¢ °1 "? a cn K F O �S a ~I O N Z UQ O� V U E W W � z,oBa�o t --i �— cC a m W z s "� v\ O Z � N O m Q 6 cnn wg�zmG z f✓1 a LL Z N U O s�gd8 Q U r Y/o r 45 uni ry/l l,'\r a ' 3mhm� 1 �s� max �/ nz s*,s_l1:2i0� �7 — 1 I(I r lI _3,,— TIf •� �I�_:� �� ,.c -ice — — /rz ' jj '� , Ii it r �� \rg � y AV�yO-1H91H OS cv I 111 ( I �' II 1 j L ' `I /s 6 �E' Il j ` �Ji ..1 9� I� / . ,/ I � = GI Iz �3� \ 5m I� I I O 9 • •SII �� ¢.f1 s� 58 FI /t ,1,`\\ ' d, I � � }!, Itl` �� I �\\ TF-\ z 3 �� �� ) \�\ t �• I" i�< III �/: � q'' _ I '�I (�� moi'II'( 9 iim iI G. X141 2,` �i G� IA/ cg)r — 9\kI1I-�1 IF 105 AVM-3o-lH ,OS 7� I im srax ml r ffi n I I uz ,--'A 9® srsz 'rt Iy 1 —i P e� � OSIAH IVE a1Gr+T-0F V1AY Y7J re J=. — n 1 i a IJI \ Jr $j r w=' gT8 kil /I� I p n� xa N= JJ I� 9�0: *{'III � ��/Illtuul bl Lei Cj gI RL E , ' nvzr I m '1' 9m I�Fs 11 ,�s,o I IT _ R y P �� sLL 1 `ice -611 1- i \� 9ff s5x< mr � —�aC.r r'/ terr$ � OSmS�C)O\Yt 1 CD 1 9 Z Q 5 FS 8 �- ~O _� Z) r z ne 0 6 o U) O Qq u o Ln _ _ F ILU ca 5.8 o O Z z w a o tno z w z �z z oz 6- o r In aLu �oQ�Po O � d U) 00 W b Z ��i Q M M p Z Q Q �WmB Z Q N o o I MA U IJI \ Jr $j r w=' gT8 kil /I� I p n� xa N= JJ I� 9�0: *{'III � ��/Illtuul bl Lei Cj gI RL E , ' nvzr I m '1' 9m I�Fs 11 ,�s,o I IT _ R y P �� sLL 1 `ice -611 1- i \� 9ff s5x< mr � —�aC.r r'/ terr$ � OSmS�C)O\Yt 1 CD 1 ------------ F-� - -- _ _ F B f- z W YB g_ U) U) �5� l AP8 > J Y W O sF a f Uca ��" U =Q U z p z i cziaz y `' �e � 8 ? O� LU CL �zzb p ., V IZ-I zJ LU Q 0 U U Q o o zLo'j za a. m (gys rn mm8 W z M q a LL zwy w p G a z N Ja yOy z Q L 11 lfa 8 U 9$ �`� �• -i 1� 3 ',. I §e ala -" 4; ' �I V' "s � v � I? . «T '�' //J u L A/ at IT, a 9Qi C9 � elf LI y I I uei _ — ux I ^' FI I / g R „ 6 O ! 1 ` m s3 4\/ UI / y' riOin-a A� 4 R 5m f fl Id I F1 1_.1`>a4uS Ndns N1 t a =rk 3 � re —15 rI — — — —t L -EI I%�I ate`Ig /� ^s I 1 ygl gill I s—I'"� �dk�PB' iLll�ll 1 c.Et Pmt 1 �I k@ 4�1 1:1 I sn I y^ d � �I1 tcx "E SIJ 'gd � Ial II ! r- [ [aa-1`� aa�FJ gp I 11 ' e u a„ '� I o� 414 Ar Li• ri 1 fi`,3,j�a�t�! 1 Igg�<ll sl$ s£i llLf' �I� $i 1St �I ✓ O ly 3 p 1 I > 11 I yNt B IAd1 r �I ��t A� mi ' kl gR IS'g 9st I' 4IJ I mnLsR y1 � I s T �t of \ „ r I �k7 :1 arAz` A7 y / N` \ 9•-m � I � Id � �� 3 wa A,�'+i' IJ � � $ s� ,n "4`l\\'+wrN �� A✓p1` l g � 'gam �� \ \ I -._ _. ( § � / _ F� 71 -..x.601 - W Q 9 Q e = g z W -i a 4 Ing }- Y w o U "' paw z �a" 8 L z �� �N z Ov e y w d n G O W W Uob ¢� 6 Q g �F g , m J � a Ln O 00 w�-. m tin N z m Q " o ���� �tlp�.^�.�� W ¢ Z 0+ m 00 � Q LL. (D o d ��= 3NII HJIVW -..x.601 - W -i a 4 -..x.601 - W < U Q W =O Q� Z E gfs a O z w pQ„ w Z A �� Gz vO E 77' Q w wln a'Q s e ebF^g W Q N min z¢ - M gd8 E— Q a `e1 s s • .§ aL �� � e sssa e fay• �_� 2 s� � ° s� '� •<, - A � o � as'eq g Mal 'st • 11 ` `a6 �3F� °frS m ° �� Z� 3R - €•'eaYAA$ :�'��+�'.. _ a e^8t 1; 5 08 s gE ms �i a § ^ fill gl85 < 11 e�=� ➢�€ as 6� ss y�€€^ �m aha � sa9g ms_gg "a � ® f� n. „5. ash;a•€ �� g89 < £. 33ug`5`��` _ 's v za CS 8�m 99� 9 ga v�'S 9Om va d B:Bia .�gs`e �•• $3{ `• e g3o{ 9Ea as a� 88 a�' 3 90 °` . Humus ^an 3m � ams €iE a e. B8� MIN �� >. .- "g � s� $mo �� � ;am B � g ��sa 11 :1 i Niln��e a -� Eg Es Efrffi See E� a ��ss�s€s�E� 6> % - �wo� ah �-am e s ea �Ea%i��1� 1E „nn�_ ®� "` _ .,VE ggs ' MAIN � g z o zm - �` ° ga @a b3 p5: gB`. {° f3 g�in'kx` $1 F l£5 u<� v�z `�& { -ee e�8 ¢1@° {E IND IN ve n a '&� M A 11 t5. `Fs N - I d= 1111 IND `& 9a� 1y it o� gfi ¢ss €s`y €s ��sp 8� :a� BIB �bdd IMIt s s£� € 5 �s a o;e a am �9k�e ggase e9 39sg3P a� da%Fag' o „ Em.a e e gg _� a xJe= rtes m � 3s ev ^as s s" x 2f �E 99 ;sEan�a fi 1 ��e $g <B se 9E �a se gffiF ae x az _eE==^° -� 9 g ®= Ee ae` Huy! za 9 gee, M Em- ag as = m � „e �"s as y�'v°e� "°ne � a"ggga�'Bm = 2s aeb �S i8&vL p9tl3 C� aB m• Se 5a°e ¢9 CSB ee€ e�{ 3gm 38 -�'E e 5 59 ^8� ju :{ z fi 5� gy6 1:s E 5m s �� §^ a& mo s "=m$ ga §3 - gN tae g" ee § s °B -g. €3 s` ®hoe ms9 s ea a <ee a9eaF € e s`a5` r = L{ eg ss =sp ��. €n £ase ��- �ns oil m� �s <�sga� �=� a ave mffi � �� ;� � � �= os� asp s� ms �mg �s :sem <ese ea �Y §- e9 §fie"a� {s a�$ss ss a e' e �' s e� es ea 'sfl mffi &aE� as ®B5p 's xo ° 'se s` sa�egg�s sg$ Qma Hill ®e ag oaa o ye "s xa e5 ^ °- sv a ssa- ze e•, .,1a;'e - Ill oee gs� e�tl 9 tl a�CB 3 1-a m e` a" oeffi"1. eF� 5 S` a,`=,&9ffim �B e�sm € 8e as m� o� =�=a m� E�a e$€ 9 s�$s s, !PHI; �� sam e -E ®=`a $ s s a a °s, - ¢¢ a „ a a sg mffi €reg = �a �fiFsaa® ��ag ssa ts^ a �t _� a it 3m -psi §€z sz 9 e -- e,e s� e�� s�m� `sa e�_ $ - P = e inn e9 1M H1 Mil � 9 �€m iEP a 5� � 9 e 3� gra °EE�ia �� YryE 38 38 €a -1e �_$� °sagE �s a �s 9m .s�_ EE e � dP a` 3 a <° _ �m'-s aGea 'S sa 9=^ oma Se$ 9E ui ve aas �s mss` m2-� ga a a ^€ re ��° °a; $ as$ in E_A= ffi ag a g ae °e a o •s € •� `^ts" B 5 <<mo s`% a=� .. 9e a =;a m°e$e a Greg ° ss' saq it ° �� a�3 <- s e` m a se �_ � "�a3a �&` a-„`: y"=aa� a; m'° s � �o sss �sy E =u s a € s• % g Pae 3„mm pa ®S. c =e ..o Ee ffim 9�SE^1� oe3 A4i pee s°"� � gm Ea ffia g »m a °LE ��__p"s se Vie@ ;dna �_ doe= g �5 �ae{ x�a sHe •md e � m .. ma a 8'Asv- Hip a s_`c_e sm m'sa has Qa F"� sg e E{ €n sP est 3=a�� �€she o .?q� offi� y{s g"s� ��'e%�=e� = ga No a�� �i'ffiss g ��� F; _ INN �` smAa €{ s�5 fi€e s®` €� ���Z g�= a3 •Am U, 5� a� 8� ^� ff"g {s0'g � m- Pffig s_ p.�,ffi IN g- ;8m �sae� s� aa£o a se °ys „� „he 3� 9sRe ge�� � � C=£ g§��i gns ga gy g� gig E the da as ":� o tla C Va ae IN 11 91 ad's �as�� iEem flag e a£a 1 ash it ^. .. r=� s k e Bim m5. s .. s 3ah! x a° as gaa'= a €sg'� o� a'e a='mss 5Hini s os€� egs9N%`g ngo^e°s 3y #6g a A a R sga�e ° _ 3. Sam �a � � � 9 8 =: 8• Eska .�g1ffi8&v WHO! g ffiEES ifi . �3Ee`gLLS 1ffi z-y"ma 1zo p 1pill 3& c& - @ =WSJ 38 r3n`z'g �S8 r eorz ,; ,?s a-g`g O! >€ s'"sss a gas1€Ys it g �E,=Qas !`$ion z° 11 E� o0 e3o H&H 1s Mil 3�§ "sq€�-�aseg�so;n Hi ag'g�� "gra= az§,s3 ��€E E"gE g „3ffi s� o [ Ee ass ;�1 y.§ as Mull IAN a � m<`3®R3a3m RI iso +`Ez�`u ,3 B =8e "°. rffi« Cd H<` a" �983sz"� a Fa £ �dffi 8 EopaE 58 5 gg [ [ fa•s F F F d0 �s�� r �� � G fiaaEV,�.Ik°•�1110N1m^€m'„"{„� 9i 8yyE gPgooB a` `SS`z 9�$ S3 mB�e :Sge asn dep8i� "� g§ s ffi!3 a�n� Na�ePp ° �mp=m 8N "=pmz,"9 :-eeR�_%�a BEH=� §4g {.. 's3 Bi. Gram €a M 8 €egggae �s <s <`m aFm lip! gmS €°S _- aEg`�< °'agm g�„u `E_ sa sane m gae&^° a 6e rhe@�{�9on�a ism sEe� a1gffi� - asy= .ap .',SYN E� m&"ge"„,==Is„. M B ss ae g gEnol! ag3= �� ae n ss l €re'^ spa-^ {g _ 5p `as sEE E ga`sd� {R{� as.: a �.�o@- 11 UN a�9 =@ �s g {{ �_ .d`�� a -a_ ghas� z@ aFVE�3 6 QSg�s >° =Sya, full! -v n.s°{= saY �y� gNes Fo p° a8`S=g a §e` gE R�' ” s 8 mg av^osA M 11 - a==.g! smg! - . Y s = <g5 am z=..s 3o ago ``�"`�^`s--$�a=6�_EEa�s9 °eq �&g€ro {�s �^ limit e- a��{ aea�3” UPI _- s _s _ ®$E �^�� °s�8e 'a"^e<Eniga�>9E"s,E a 3m� e$ eeesaa1 a. g ;em = sss°€"p es Ep s` ^` asa � vpg smg ft s e°ego„ m� a= avrem se Eyes m man 9�an @e ssoe `13 §a�E�ffi"e..���a s°�, a"�€� _ .a1 aaE _ ms =� �e 8e§=m3 e� e� E� `B §g ase ag1.mE E$ps._a BBa �__� Gf '^°e s as €<`e §g° _e effiL s= - e ae ar€es va =fio s-� sa O H a"a a a`1 11H,. �° aagg m a$Ee ga;�re3 sa sE e g M ^ H a�Ea §¢ �8� �Bmg 48� oHul .eg g3 0e ill e� s` E �2 sE 3L3{~�z e oPa _ 3 8gs�a .�> a g ,§�' -g `�>': =amg- � _ e s's °iA r"" e . s`Ja:€1st£ 3 se m� s .ce l OUR. me ` 3� ��se° §®s1Er BH mffi%9sac; €g9g '3$a i" 9-°gso `% =Ss€"le s3€ n$9° 8 €� s=� a a; as `� n§ xme eg a._3 m HI, s E `°Ee Bo:d�° ®RFsaa=o 'Aa z mv�P e° Se 1910ll �§S zaeF ss`gffia<g Pool 9% fio 8p BN „ 9gp8F b�$a3-S _s"e=°= a= E. a_ No Ie . `e1 gU � 1 " �"= e$�n �y36g Will deg �sg�^=3"s�mSg����o>.>3°� =�°` H, Il �e 5o€cffiaz g=s �e°3� 5�_E �_� Y'av"„' {s ,gam g® n< _ e{N=e 1: _"e � a�� .� 3m �e _mhs§fie s 3` 3 $ffi �=p 3§=nm 3` g° bus"x so 9m.=m a SEs 9=. aBere =£ •B;Ba 3E a a� 94 0® =sg�g E €ag^<s2 •es 03 �mi�e °� -'e = E m =„ f r9 =^ 0 a�"=' � €�Esmee . a a m ..° `^�i Er �m HH! MR! 38E°- m E atm gm am g`��z-c _ 5 e= `ye 8 g =e - aCm� Hipp -E��E��p�&g els€QE^��� lull �a"a Asa ca" aha„€%i aes ��se"a sasee� ffi^s �Bg as es a1 Ad 5;a <ms� �-�`� s ss`§B° �%3 -�Bs�ffGs�a�l�3{aa RU, $s€ aE ffis HU H 9UND sil PHI �jul � �9s=s�� s� s�� 3' 11 AT 3�EE� Oul H pp£ M 5p= aJiSs` ouy�y8 'mS` .„FeEa =SSgee - E05pa s EFq E3` o' !HUN, =�sg � po EE =„ � 8 HU � UN, - `S=Qe�J ” >^ gg s MIN N s � a r�a9�` Ea£ Pe va=ai saey�3 �Y ��� �S g3n "s` a s°B;= a§ °d€s'- s"a�G ea6a oe a� JIM nsz �1 !PHU a �e € s . " �R�e§es E°£oy �$aEa°p6sa 's o aa9ffi�a aes ai y ' 3� &' ss` ms`s' a; 9s` Vis£ c3 Fs 3 gs` �9a Es3 <E�s_ s `=e .a ,d B F1 M Sd aSFe�_ "8 HIM m s`gz a se�z�. @�p�: m€ 4 � s pp `eass �.:o � un-J. s'agz- �� s�¢��if saB MHJ E1M § NIs;' ag�sa sari'^ . ffi Sin { sec` P 8=z9 1y,m g9 n3 Sez. �3 Ss u^9S e¢ 9 u• sbm S= HUN u p M °=quo � " ° �"• s•deesaa �^�"s g"1 `3 $° =€sE� W a s,-€ dseo�=g$ W�sz€aa :m- <'g x'<e a•= tl§�9 _ee " e�B`ffix "s g �g 3`s_- ogao og6l = 1101e$ o3€v_ Ns`„ 1a�c<^ =g�a�a ns`e6 1 1 •Ai »: _ . • • .. • R • _ f • RESOLUTION NO. A16 —d J;32 &06) A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING A PROJECT TO PROMOTE NEW OR EXPANDED BUSINESS DEVELOPMENT, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PROJECT, AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT TO ADVANCE FUNDS SIMPLY FLOOR IT WHEREAS, the Board of Directors of the Anna Community Development Corporation (the "CDC"), created by the City of Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4B, and now operating under Texas Local Government Code, Chapter 505 (the "Act"), has determined that it is advisable and in the best interests of the CDC to give notice of the intention of the CDC to undertake the following project(s): one or more expenditures in a total amount not to exceed $50,000 in the form of advances on a letter of credit to one or more entities doing business in or near the city under a contract with the CDC and or Anna Economic Development Corporation ("Recipients") to assist with the Recipients' operating expenses necessary for the purpose of expanding the operations of Recipients' business and the expansion of business development within the city (the "Project"). The Project will be financed from a grant the CDC was awarded by the USDA. The costs of the Project are estimated not to exceed $50,000. WHEREAS, the CDC desires to authorize the expenditure of funds of up to $50,000 under a project line of credit with the Recipient for the funding of the Project, subject to certain conditions as set forth in this resolution; and, WHEREAS, the CDC Board of Directors has investigated and determined that providing the funding for the Project, subject to the aforementioned conditions, is in the CDC's best interest and will promote new and expanded business development in the City; and, WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. CDC OF ANNA, TEXAS RESOLUTION NO. 66 6 --() -/ -6' � PAGE 1 OF 2 Section 2. Approval of Project and Authority to Expend Funds and Authority to Execute a Line of Credit The CDC approves the Project and authorizes the expenditure of funds of up to $50,000 in accordance with a line of credit to Simply Floor It, LLC. for the expansion of Recipient's business. The CDC authorizes the CDC President to execute the above - referenced line of credit on the CDC's behalf. Said expenditure by the CDC will be subject to City Council approval by resolution after the City Council gives the resolution at least two separate readings, and subject to approval as to the substance of the line of credits by the CDC's Chief Administrative Officer and approval as to the form of said line of credit by the CDC's legal counsel. Section 3. Form of Notice Attached hereto as Exhibit A is a form of Notice of Project ("Notice"), which shall be published without unnecessary delay after the adoption of this resolution, in substantially the same form and substance as attached hereto. Section 4. Publication of Notice Said Notice shall be published in a newspaper, as defined in Texas Government Code Sec. 2051.044, of general circulation in the area of the City of Anna, Texas. PASSED AND AP ROVED by he Anna Community Development Corporation this day of , , =A, 2016. APPROVED: J n Houcek, CDC President CDC OF ANNA, TEXAS RESOLUTION NO.g!(I`� ). K'-1 PAGE 2 OF 2 ANNA COMMUNITY DEVELOPMENT CORPORATION NOTICE OF PROJECT NOTICE IS HEREBY GIVEN that the Anna Community Development Corporation (the "CDC"), a non-profit corporation created pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, Section 413, and now operating under Texas Local Government Code, Chapter 505 (the "Act"), intends to make one or more expenditures in a total amount not to exceed $50,000 in the form of advances on a line of credit to one or more entities doing business in or near the city under a contract with the CDC and or Anna Economic Development Corporation ("Recipients") to assist with the Recipients' operating expenses necessary for the purpose of expanding the operations of Recipients' business and the expansion of business development within the city (the "Project"). The Project will be financed from a grant the CDC was awarded by the USDA. The costs of the Project are estimated not to exceed $50,000. EXHIBIT A LOAN AGREEMENT AND PROMISSORY NOTE THIS LOAN AGREEMENT AND PROMISSORY NOTE (this "Agreement"), is made thisp��y of be r, , 2016, by and among SIMPLY FLOOR IT, LLC, a Texas limited liability company (hereina er known as "BORROWER") and the ANNA COMMUNITY DEVELOPMENT CORPORATION, a corporation under the laws of the State of Texas (hereinafter known as "LENDER"). BORROWER and LENDER shall collectively be known herein as "the Parties". In determining the rights and duties of the Parties under this Agreement, the entire document must be read as a whole. PROMISSORY NOTE FOR VALUE RECEIVED, BORROWER promises to pay to the order of LENDER, the sum of $50,000.00 plus 2% interest per annum, in 36 consecutive monthly installment payments, the first monthly installment payment being due on March 1, 2019 and the last monthly installment payment being due on or before the 1s' day of the 60th month following the Effective Date, as set forth in further detail in the schedule attached hereto as Exhibit A. The first thirty- five monthly payment amounts shall be $ and the final monthly payment amount shall be $ / 6'o2 9, 0'S This Agreement is subject to the additional terms found below. ADDITIONAL LOAN TERMS The BORROWER and LENDER hereby further set forth their rights and obligations to one another under this Agreement and Promissory Note and agree to be legally bound as follows: A. Loan Payment Forgiveness. In the event that BORROWER can prove to LENDER to LENDER'S reasonable satisfaction that as of December 1, 2018 borrower has created three jobs and has generated sales resulting in at least $10,000 in sales and use tax having been collected by the City of Anna, the obligation of BORROWER to pay any sums under this Agreement shall be forgiven and this Agreement shall expire; provided, however, that if BORROWER fails to fully provide such proof to Lender on or before February 28, 2019, then this paragraph shall not apply and BORROWER must pay the sums to LENDER in accordance with this Agreement. Said jobs must be full time job positions held by individuals working in BORROWER'S offices or facilities in Anna, Texas, and all of said sales and use tax must have been generated by sales or use in Anna, Texas. BORROWER shall timely provide, at BORROWER'S expense, detailed proof of the jobs created and sales and use tax paid to the City of Anna in form and substance reasonably satisfactory to LENDER. B. Demand by LENDER. This Agreement is a demand note under which BORROWER is required to repay in full the entire outstanding Loan Balance within 15 days of receiving a written demand from LENDER for full repayment of the Loan Balance. Delivery of written notice by LENDER to BORROWER via U.S. Postal Service Certified Mail shall constitute prima facie evidence of delivery. For mailing of said notice, LENDER shall use BORROWER'S address as stated below in the portion of this Agreement regarding default. C. Method of Loan Payment. The BORROWER shall make all payments called for under this Agreement by sending check or other negotiable instrument made payable to the following entity at the address indicated here: Anna Community Development Corporation 111 N. Powell Parkway Anna, Texas 75409 LOAN AGREEMENT AND PROMISSORY NOTE Page 1 of 4 BORROW shall deliver all other notices required under this Agreement to LENDER at the above address. If LENDER gives written notice to BORROWER that a different address shall be used for making payments or providing notices under this Agreement, BORROWER shall use the new address so given by LENDER. D. Restriction on dividend payments. Dividends may not be paid that would cause the BORROWER to be unable to meet all of its financial obligations, including payments under this Agreement. E. Limitations on compensation of officers and owners. The BORROWER'S owners and officers may be compensated only to the extent that this compensation does not materially jeopardize the financial strength of the BORROWER or cause the BORROWER to be unable to meet all of its financial obligations. F. Prohibition against assuming liabilities or obligations of others. The BORROWER will not assume the liabilities or obligations of others without prior written consent of the LENDER. G. Restrictions concerning consolidations and mergers. The BORROWER will not undertake any consolidations or mergers without prior written consent of the LENDER, unless any such consolidation or merger is accomplished in accordance with the terms of a certain agreement entered into between the Anna Economic Development Corporation and BORROWER and captioned Economic Development Incentive Grant for Capital Investment Performance Agreement (hereinafter referenced as "EDC Performance. Agreement"). H. Limitations on selling the business. The BORROWER will not sell the business without the prior written consent of the LENDER. I. Default. The occurrence of any of the following events shall constitute a Default by the BORROWER of the terms of this Agreement: 1. BORROWER'S failure to pay any amount due as principal or interest on the date required under this Agreement; 2. BORROWER seeks an order of relief under the Federal Bankruptcy laws; 3. BORROWER becomes insolvent; 4. A federal tax lien is filed against the assets of the BORROWER; or, 5. A violation by BORROWER of any of the restrictions, prohibitions or requirements set forth in paragraphs BA., above. J. Additional Provisions Regarding Default: 1. Addressee and Address to which LENDER is to give BORROWER written notice of default: SIMPLY FLOOR IT, Inc. 9981 Slater Creek Rd Anna, Texas 75409 If BORROWER gives written notice to LENDER in accordance with this Agreement that a different address shall be used, LENDER shall use that address for giving notice of default (or any other notice called for herein) to BORROWER. 2. Cure of Default. Upon default, LENDER shall give BORROWER written notice of default. Mailing of written notice by LENDER to BORROWER via U.S. Postal Service Certified Mail shall constitute prima facie evidence of delivery. BORROWER shall have 15 days after receipt of a written notice of default from LENDER to cure said default. In the case of default due solely to BORROWER'S failure to make timely payment as called for in this Agreement, BORROWER may cure the default by making full payment of any principal and accrued interest (including interest on these amounts) LOAN AGREEMENT AND PROMISSORY NOTE Page 2 of 4 whose payment to LENDER is overdue under this Agreement and, also, the late payment fee described below. 3. Fee for Late Payment. There shall also be imposed upon BORROWER a 2% fee for any late payment computed upon the amount of any principal and accrued interest whose payment to LENDER is overdue under this Agreement and for which LENDER has delivered a notice of default to BORROWER. For example, if the Agreement calls for monthly payments of $500 upon the first day of each month and BORROWER fails to make timely payment of said amount, BORROWER (after a default notice is sent by LENDER) shall be liable to LENDER for a penalty of $10 (i.e., $500 x 2%) and, to cure the default, the BORROWER must pay to LENDER the overdue Loan Balance of $500, interest upon the overdue Loan Balance, and a late fee of $10. 4. Acceleration. If the BORROWER fails to cure any default on or before the expiration of the fifteen (15) day cure period that starts on the date BORROWER receives written notice from LENDER that an event of default has occurred under this Agreement, the entire unpaid principal, accrued interest, and late fees under this Agreement shall accelerate and become due and payable immediately. K. Parties that are not individuals. If any Party to this Agreement is other than an individual (i.e., a corporation, a Limited Liability Company, a Partnership, or a Trust), said Party, and the individual signing on behalf of said Party, hereby represents and warrants that all steps and actions have been taken under the entity's governing instruments to authorize the entry into this Agreement. Breach of any representation contained in this paragraph is considered a material breach of this Agreement. L. Integration. This Agreement, including the attachments mentioned in the body as incorporated by reference, sets forth the entire agreement between Parties with regard to the subject matter hereof. All other prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject hereof, are hereby superseded by this Agreement. M. Severability. In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law. N. Modification. Except as otherwise provided in this document, this Agreement may be modified, superseded, or voided only upon the written and signed agreement of the Parties. Further, the physical destruction or loss of this document shall not be construed as a modification or termination of the agreement contained herein. O. Exclusive Jurisdiction for Suit in Case of Breach. The Parties, by entering into this Agreement, submit to jurisdiction in Collin County, Texas for adjudication of any disputes and/or claims between the Parties under this Agreement. Furthermore, the Parties hereby agree that the courts of Collin County, Texas shall have exclusive jurisdiction and venue over any disputes between the Parties relative to this Agreement, whether said disputes sounds in contract, tort, or other areas of the law. P. State Law. This Agreement shall be interpreted under, and governed by, the laws of the State of Texas. IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, BORROWER and LENDER affix their signatures hereto, LOAN AGREEMENT AND PROMISSORY NOTE Page 3 of 4 SIMPLY FLOOR IT, LLC By: 1'1 M&" ndrea Means Henry THE STATE OF TEXAS COUNTY OF COLLIN § LENDER Anna Community Development Corporation By:4s� e � ATTEST: P'�' BEFORE ME, a Notary Public in and for the State of Texas, on this day personally appeared Andrea Means Henry known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ay of 2016. KVNDAL BARBAY Notary Put)lic, state of iexos My Commission Expires May 21, 2019 Notary Public in and for The Sta`I;e df Texas LOAN AGREEMENT AND PROMISSORY NOTE Page 4 of 4 T 1 PO A MR "I= PAYMENT DUE DATE AMOUNT DUE March 1, 2019 $1,527.77 April 1, 2019 $1,527.77 May 1, 2019 $1,527.77 June 1, 2019 $1,527.77 July 1, 2019 $1,527.77 August 1, 2019 $1,527.77 September 1, 2019 $1,527.77 October 1, 2019 $1,527.77 November 1, 2019 $1,527.77 December 1, 2019 $1,527.77 January 1, 2020 $1,527.77 February 1, 2020 $1,527.77 March 1, 2020 $1,527.77 April 1, 2020 $1,527.77 May 1, 2020 $1,527.77 June 1, 2020 $1,527.77 July 1, 2020 .$1,527.77 August 1, 2020 $1,527.77 September 1, 2020 $1,527.77 October 1, 2020 $1,527.77 November 1, 2020 $1,527.77 December 1, 2020 $1,527.77 January 1, 2021 $1,527.77 February 1, 2021 $1,527.77 March 1, 2021 $1,527.77 April 1, 2021 $1,527.77 May 1, 2021 $1,527.77 June 1, 2021 $1,527.77 July 1, 2021 $1,527.77 August 1, 2021 $1,527.77 September 1, 2021 $1,527.77 October 1, 2021 $1,527.77 November 1, 2021 $1,527.77 December 1, 2021 $1,527.77 January 1, 2022 $1,527.77 February 1, 2022 $1,528.05 Oj CITY OF ANNA, TEXAS RESOLUTION NO _; ic,; ),-J A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO PROMOTE NEW OR EXPANDED BUSINESS DEVELOPMENT, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PROJECT, AND AUTHORIZING THE EXECTUTION OF A LINE OF CREDIT WHEREAS, the Board of Directors of the Anna Community Development Corporation (the "CDC"), created by the City of Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4B, and now operating under Texas Local Government Code, Chapter 505 (the "Act"), has determined that it is advisable and in the best interests of the CDC to give notice of the intention of the CDC to undertake the following project(s): one or more expenditures in a total amount not to exceed $50,000 in the form of advances on a letter of credit to one or more entities doing business in or near the city under a contract with the CDC and or Anna Economic Development Corporation ("Recipients") to assist with the Recipients' operating expenses necessary for the purpose of expanding the operations of Recipients' business and the expansion of business development within the city (the "Project"). The Project will be financed from a grant the CDC was awarded by the USDA. The costs of the Project are estimated not to exceed $50,000. WHEREAS, on September 29, 2016, the CDC adopted a Resolution to authorize the expenditure of funds for the Project conditioned on a loan agreement with the Recipient for the funding of the Project, subject to certain conditions as set forth in this Resolution; and, WHEREAS, the CDC's funding of the Project is subject to the approval of the Project by the City Council of the City of Anna, Texas ("City Council"); and, WHEREAS, the CDC Board of Directors has investigated and determined that providing the funding for the Project, subject to the aforementioned conditions, is in the CDC's best interest and will promote new and expanded business development in the City; and, WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; WHEREAS, the City Council desires by adoption of this Resolution to approve the Project, and to authorized the publication of the CDC's notice of public hearing and intent to undertake the Project; RESOLUTION NO. PAGE 1 OF 2 NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Business Expansion Project The City Council hereby approves the Project as described herein and authorizes the publication of the CDC's notice of public hearing and intent to undertake the Project. PASSED AND APPROVED by the City Council of the City of Anna, Texas this 11 t" day of October 2016. ATTEST: f. APPROV D: ��111�1(III!/� Fq City Secretary Carrie L. Smlth,! (, , rax Mike Crist Exhibits — CDC Resolution 1lll t 1111 I I I1W���`, RESOLUTION NO. PAGE 2 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION'S (CDC) 2016 CALENDAR YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE (GACC). WHEREAS, the Anna CDC has historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna CDC has entered into an agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the agreements have allowed for better planning and budgeting by the Anna CDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreement The City Council of the City of Anna, Texas hereby approves the AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 between the CDC and the GACC, attached hereto as EXHIBIT 1, and incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna this 11th day of October 2016. ATTEST: — APPROV OF City Secretary Carrie L. Smith; ,a ...... Exhibit Exhibit - Agreement ° X ,,��rr�11111I111111\\\ RESOLUTION NOs_ r Mike Crist PAGE 1 OF 1 RESOLUTION NO. Ab'& "D�l-v/ ('&J =Fit 9-21 WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the CDC believes that funding the Chamber is a necessary promotional expense for the CDC and the Anna community; and WHEREAS, the CDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's promotional account in accordance with the procedures outlined in EXHIBIT A. SED AND A PR V�y the Anna Community Development Corporation this G'ay ofd., , 2016. APPROVED: Joh,jK Houcek, CDC President CDC OF ANNA, TEXAS RESOLUTION NO -)016 Dq-k l (CIV) PAGE 1 OF 1 Exhibit A THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the Greater AAnnq Chqmber of Commerce, Inc. ("GACC") and entered into on thisC7`4' day of J_, 2016. Section 1. Summary For the remainder of CDC's 2016 calendar year, the CDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the CDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the CDC and the City. Section 2. Definitions For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) CDC shall mean the Anna Community Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the CDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the CDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the CDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 1 OF 8 Exhibit A (1) the CDC shall be named as a Sponsor of the GACC event, that the CDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the CDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years, Section 3. General Requirements 3.01 Letter of Intent The GACC agrees to provide to the CDC a letter of intent thirty (30) days prior to each event and prior to the CDC's payment to GACC of any funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the CDC. The letter of intent for any given event may set forth a different amount requested to be paid by the CDC than the amount estimated for such event as set forth in Section 4 of this Agreement. 3.02 Sponsorship Benefits The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the CDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the CDC as: The City of Anna Community Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and CDC anticipate CDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: 4.01 Glowfest Name/Purpose: Glowfest 2096, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 2 OF 8 Exhibit A Date, Time, Location of Event: All Day on Saturday, October 29, 2016 at Slayter Creek Park (and surrounding private property) Estimated Compensation amount: $8,000.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide approximate headcount of attendees' and geographic locations where attendees reside. 4.02 2016 Christmas Parade and Winter Wonderfest Name/Purpose: 2016 Christmas Parade and Winter Wonderfest - Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 10, 2016, parade route Estimated Compensation amount: $3,000.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide a count or list of float participation. Section 5. Compensation In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the CDC agrees to pay the GACC the total amount of compensation of ($11,000) for the remainder of the CDC's calendar year 2016, subject to the conditions set forth in this Agreement. Before the CDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the CDC with a letter of intent—signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the CDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($11,000) amount of compensation shall be made in separate payments with the amount of each payment being determined by the CDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this Agreement; or (2) a different amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A. If the CDC decides to honor any GACC request for a different amount than what is set AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 3 OF 8 Exhibit A forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed $11,000 during the CDCs remainder of calendar year 2016. The GACC shall provide the CDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the CDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the CDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the CDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the CDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the CDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the CDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 4 OF 8 Exhibit A provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the CDC. A copy of each policy, or at the CDC's discretion, a certificate of insurance, shall be filed with the CDC Secretary. Section 9. Default 9.01 Events of Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: (a) the failure of GACC to timely provide the CDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or—if the event cannot occur on the originally scheduled date due to inclement weather—the failure of the GACC event to be rescheduled and occur in accordance with Section 18 of this Agreement; (c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the CDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the CDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by CDC that can be cured by the immediate payment of money to GACC, CDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from CDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide CDC with the Sponsorship Benefits, the default may be cured by refunding CDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case CDC is immediately entitled to AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 5 OF 8 Exhibit A exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full refund of any amounts paid by the CDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. Section 11. Notice Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: CDC GACC CDC President GACC Director Anna Community Development Corporation Greater Anna Chamber of Commerce 111 N. Powell Parkway 218 W. 4th Street, Suite C Anna, Texas 75409 Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 12. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the CDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 13. Entire Agreement This Agreement represents the entire and integrated Agreement between CDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 14. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 6 OF 8 Exhibit A Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 15. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 16. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 17. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 18. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. Section 19. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the CDC. AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 7 OF 8 Exhibit A Section 20. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, CDC and GACC have executed this Agreement. By: Kevin all Greater Anna Chamber of Commerce — q, lto�v-'L' Jo Houcek CDC President r AGREEMENT FOR SPONSORSHIP COMMITMENT 2016 PAGE 8 OF 8 CITY OF ANNA, TEXAS RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATION'S (EDC) 2016 CALENDAR YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE (GACC). WHEREAS, the Anna EDC has historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna EDC has entered into an agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the agreements have allowed for better planning and budgeting by the Anna EDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreement The City Council of the City of Anna, Texas hereby approves the AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 between the EDC and the GACC, attached hereto as EXHIBIT 1, and incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna this 11th day of October 2016. ATTEST: APPRO' OF City Secretary Car ie L. Smith �`��oM gir1V Exhibit - Agreement y� P�Cd IIIIUIIIII IIIUN�\\ �a 4 RESOLUTION NO.�.y` ike Crist PAGE 1 OF 1 RESOLUTION NO. 0)6- 61 l () WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the EDC believes that funding the Chamber is a necessary promotional expense for the EDC and the Anna Economic; and WHEREAS, the EDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and - - - • _ _ - i _iI"I 111'1�''Ijjj 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 Agreement The EDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's promotional account in accordance with the procedures outlined in EXHIBIT A. PASSED/AND APPROVED by the Anna Economic Development Corporation this c day of �a , 2016. APPROVED: Cons ance Stump, EDC Preside AT ST Sherilyn d ey, Eecr ary EDC OF ANNA, TEXAS RESOLUTION NOPO16 -'0'1 0 (EbC) PAGE I OF 1 Exhibit A THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Economic Development Corporation ("EDC"), and the Greater A na Chamber of Commerce, Inc. ("GACC") and entered into on thisM``� day of x2ik4l-, 2016. Section 1. Summary For the remainder of the EDC's calendar year 2016, the EDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the EDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the EDC and the City. For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) EDC shall mean the Anna Economic Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the EDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the EDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the EDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 1 OF 7 (1) the EDC shall be named as a Sponsor of the GACC event, that the EDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the EDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years. "M_� ia'� tiT�*-cif l The GACC agrees to provide to the EDC a letter of intent thirty (30) days prior to each event and prior to the payment to GACC of any EDC funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the EDC. The letter of intent for any given event may set forth a different amount requested to be paid by the EDC than the amount estimated for such event as set forth in Section 4 of this Agreement. The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the EDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the EDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the EDC as: The City of Anna Economic Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and EDC anticipate EDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 2 OF 7 Name/Purpose: Glowfest 2096, Community Fall Festival Date, Time, Location of Event: All Day on Saturday, October 29, 2016 at Slayter Creek Park (and surrounding private property) Estimated Compensation amount: $8,000.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on pre -event banners; EDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide approximate headcount of attendees' as well geographic locations from where attendees reside. In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the EDC agrees to pay the GACC the total amount of compensation of $8,000 for the remainder of the EDC's calendar year 2016, subject to the conditions set forth in this Agreement. Before the EDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the EDC with a letter of intent—signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the EDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($8,000) amount of compensation shall be made in three separate payments with the amount of each payment being determined by the EDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this Agreement; or (2) a different amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A. If the EDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the EDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed ($8,000) during the remainder of the EDC's 2016 calendar year. The GACC shall provide the EDC with a written receipt. The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 3 OF 7 events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the EDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the EDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the EDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the EDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the EDC's governmental immunities, including immunity from suit and liability. Section 9. Insurance GACC shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the EDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the EDC. A copy of each policy, or at the EDC's discretion, a certificate of insurance, shall be filed with the EDC Secretary. Section 9. Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 4 OF 7 (a) the failure of GACC to timely provide the EDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or—if the event cannot occur- on the originally scheduled date due to inclement weather—the failure of the GACC event to be rescheduled and occur in accordance with Section 17 of this Agreement; (c) the failure of GACC to provide the EDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the EDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the EDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by EDC that can be cured by the immediate payment of money to GACC, EDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from EDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide EDC with the Sponsorship Benefits, the default may be cured by refunding EDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case EDC is immediately entitled to exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the EDC shall be entitled to a full refund of any amounts paid by the EDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 6 OF 7 Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: EDC President Anna Economic Development Corporation 111 N. Powell Parkway Anna, Texas 75409 11MM1 GACC Director Greater Anna Chamber of Commerce 218 W. 4th Street, Suite C Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 11. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the EDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 12. Entire Agreement This Agreement represents the entire and integrated Agreement between EDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 14. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 6 OF 7 Section 16. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 16. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 17. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the EDC. This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, EDC and GACC have executed this Agreement �f n 1 By: Kevin Hall Constance Stump Greater Anna Chamber of Commerce EDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2016 PAGE 7 OF 7