GUNERI 105 N. 4th Street, P.O. Box 349 Gunter, TX75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, January 16, 2025 6:00 p.m. EST.1901 Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given ofal Regular Meeting oft the City Council oft the City ofGunter, Texas tol be held on January 16, 2025, at 6:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Texas, Pursuant to. Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio. feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. Ifvou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City, Secretary before the meeting starts. A card to speak at a public hearing may be CALL TO ORDER REGULAR CITY COUNCIL MEETING Mayor will call the meeting to order, establish a quorum ifp present, and declare notice is legally posted pursuant to the Open Meetings Act. During the course of the meeting, members oft the audience wishing to. speak must be recognized by at which time the following will be discussed and considered: location of the meeting. submitted any time before the public hearing is closed. the Presiding Officer.) INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for a maximum ofthree minutes. Comments shall be made from the podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council members tos respond.] 1. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a A. Consider approval of Minutes from December 19, 2024 Workshop, December 19, B. Consider approval oft the Gunter Police Department Activity Report for December . Consider approval oft the Gunter Financial Report for December 2024. Councimember. 2024 Regular Meeting. 2024. 2. City Secretary: Introduction of Department Heads and Team Members 3. Fire Department: Weather Response Fire & EMS Update 4. Director of] Parks & Public Services Report Staff will seek approval ofthe lowest qualified bid for the Woods driveway Staffwill seek approval to move forward with the lowest qualified bid for the Fox Alderman Williams arranged for staff to meet with Precinct 1 Commissioner. Josh Marr, to move forward with a possible Interlocal agreement with Precinct1 Maintenance Division. Gunter would trade our patch truck for agreed upon road work. This would be an advantageous arrangement for both parties transition project at the February 6th meeting Bend Trace Road repairs in the Bridges Development Inclement weather response efforts 5. Mayor/Alderman Report: General Notifications, Amnouncements, Appreciations REGULAR AGENDA 6. Audit Presentation will be given by Mike Brooks with Brooks & Watson, CPA. Discuss, consider, and act upon approving the City of Gunter's 2022-2023 Audit. 7. Discuss, consider, and act upon approving a Resolution authorizing the Gunter Economic Development Corporation to purchase real property from the Gunter ISD. 8. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 26.87 acres, located at 1394) Pike Road, and received from Gunter Sports Center, LLC, by Shyam Tummala, on December 31, 2024. 9. Discuss, consider, and act upon accepting Letter ofResignation from Nat McClure, EDC Place 3. 10. COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: executive session (closed meeting) to discuss the following: a. BNSFI Litigation b. Employee/Department Reviews RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in) Executive Session. 11. Discuss, and take appropriate action on any Executive Session item. ADJOURN It theu undersigned authority, dol hereby certify thatt the abovel Notice ofCity Council Meeting ofthe City ofGunter, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the window of City Hall of said Gunter, Texas, aj place convenient to the public, and said Notice was posted on or before January 13, 2025, at 6:00 p.m. and remained sO posted continuously for at least seventy-two hours immediately preceding the date of said meeting. Detra Gaines, City Secretary Ifduring the course oft the meeting covered byt this notice, the City Council should determine that a closed ore executive meeting ors session oft the City Council ora a consultation witht the attorney for the City should bel held ori isr required, thens such closed or executive meeting ors session or consultation" witha attorney as authorized by the" Texas Open Meetings Act, Texas Government Code 551. .001 et. seq., will bel heldb by the City Council att the date, hour and place given int this notice ast the City Council may conveniently meet ins such closed or executive meeting or session or consult with the attorney fort the City concerning any and: alls subjects and for any and allp purposes permitted by the Act, including, buti not limitedt to,t the following sections and purposes: Texas Government Code Section: 551.071) Private consultation" with the City'sa attorney on any item listed ont the agendac or authorized by law. 551.0721 For the purpose of discussing the purchase, exchange, lease or value of real property. 551.073) For the purpose ofc considering al negotiated contract for aj prospective gift or donation. ore employee ort tol hear complaints or charges against aj public officer ore employee. 551.0761 To consider the deployment, specific occasions fori implementation, ofs security personnel or devices. 551. .0841 For thep purpose ofe excluding witnesses during examination ofa another witness. 551. .0871 Fori thep purposes of considering economic development negotiations. 51851 two working days prior tot ther meeting sot that appropriate arrangements can! ber made. 551.0741 For thep purpose of considering the: appoitment, employment, evaluation, reassignment, duties, discipline or dismissal ofay public officer Persons with disabilities who plant toa attend this meeting and who may need assistance: should contact. Detra Gaines, City Secretary, at (903)433- CITY COUNCIL MEETING January: 16, 2025 6:00) PM GUNGERI EST.1901 AGENDAITEM#I CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by aj request from a Councilmember. A. Consider approval of Minutes from December 19, 2024 Workshop, December 19, B. Consider approval oft the Gunter Police Department Activity Report for December C. Consider approval of the Gunter Financial Report for December 2024. 2024 Regular Meeting. 2024. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTEDI BY: Karen Souther, Mayor "SUGGESTED MOTION": HINANCIALIMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments GUNERI 1051 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax 903-433-8039 EST.1901 MINUTES City Council Workshop Thursday, December 19, 2024 6:00 p.m. Meeting Opened. At 6:01 p.m. Members Present: Mayor. Karen Souther, Cyndy Davis, Alan Richins, William Stevens Staff Present: Courtney. Morris City Attorney, Detra Gaines City, Secretary, Eric Wilhite Director of Planning & Development, Adam Adams Director of Parks & Public Services, Rosa Members Absent: David, Self, Wade. Burtsfield McCorry. Assistant To City. Secretary, Elder Quinones Patrol Officer Pursuant to Chapter 551 oft the Texas Government Code, notice is hereby given ofa City Council Workshop oft the City of Gunter, Texas tol be held on December 19, 2024, at 6:00 p.m., ini the Gunter. Public Safety Building, located at 105N.4th Street, Gunter, Texas, at CALLTO ORDER Mayor will call the meeting to order, establish a quorum ifA present, and declare which time the following will be discussed: notices legally posted pursuant to the Open Meetings Act.] OPEN SESSION Building Standards Training Workshop Minimum Building Standards Process for abatement of unsafe buildings Code of Ordinances and Chapter 54 Training Workshop continued with City Attorney Courtney Morris. ADJOURN Adjourned. At 6:35 p.m. Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary GUNAERI 1051 N.4th Street, P.O. Box 349 Gunter, TX75058-0349 903-433-5185, Fax: 903-433-8039 MINUTES Gunter City Council Regular. Meeting Thursday, December 19,2024 6:00 p.m. Meeting Opened. At 6:35 p.m. EST.1901 Members Present: Mayor Karen Souther, Cyndy Davis, Alan. Richins, William Stevens Staff Present: City Secretary. Detra Gaines, Director of Planning & Development. Eric Wilhite, Director of Parks & Public Services. Adam Adams, Assistant To City Secretary Rosa McCorry, Members Absent: David, Self, Wade. Burtsfield City Attorney Courtney. Morris, Patrol Officer. Elder Quinones Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given ofal Regular Meeting oft the City Council of the City of Gunter, Texas tol be held on December 19, 2024, at 6:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Pursuant to Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. Ifyou wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City, Secretary before the meeting starts. A card to speak at a public hearing may be CALLTO ORDER REGULAR CITY COUNCIL MEETING Mayor will call the meeting to order, establish a quorum ifpresent, and declare notice is legally posted pursuant to the Open Meetings Act. During the course ofthe meeting, members of the audience wishing to speak must bez recognized by Texas, at which time the following will be discussed and considered: Iocation of the meeting. submitted, any time before the public hearing is closed. the. Presiding Officer.] INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA ITEM COMMENTS [The city council allows citizens to speak before an agenda item. Comments must be on topic. Citizens may address the Council for aj maximum ofthree minutes. Comments shall bes made: from thej podium. Please state your name and address for the record. The Open Meetings Act Section 551.007 allows, but does not require, the City Council members to respond.] 1. CONSENT AGENDA [Routine Council Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Councilmember. A. Consider approval ofN Minutes from November 10, 2024 Special Meeting, November 19, 2024 Canvass Election, November 21,2024 Workshop, November: 21 Regular B. Consider approval of the Gunter Police Department Activity Report for November C. Consider approval oft the Gunter Financial Report for November 2024. Cyndy. Davis made the motion to approve Consent Agenda. A -Cas presented. Alan Meeting. 2024. Richins seconded. the motion. Motion passed. 3-0 2. Director of Parks & Public Services Report Sale of school property to City /EDC TDA Community Block Grant Street Projects Park Operations Citizen comments were. made by Jeannie Anderson regarding appreciation to Adam Adams for decorations in the park and requesting Adam's department to hire two employees.for: streets. 3. Mayor/Alderman Report: General Notifications, Announcements, Appreciations Amouncement: Mayor Pro Tem; William Stevens, has been sworn in as Grayson County. Attorney as advising to the Commissioners Court and will take office January 1,2025. REGULAR AGENDA 4. PUBLIC HEARING Public Comments: To hear public comments regarding a zoning change from SF-1 Single Family Residential District-1 to PD: Planned Development-CI. Located in Gunter Town Center Addition, Phase 3, Lots 1 and 2 situated int the county ofGrayson, State ofTexas, generally Presentation was given by Director ofPlamning & Development. Eric Wilhite. Mayor Karen Souther Opened. Public. Hearing for discussion at 7:07 p.m. located att thel Northwest corner of Cedar Street and Hwy 289. No citizen comments. Mayor Karen Souther Closed. Public. Hearing. for discussion at 7:07 p.m. 5. Discuss, consider, and act upon an Ordinance rezoning from SF-1 Single Family Residential District-1 tol PD: Planned Development-Cl. Located in Gunter Town Center Addition, Phase 3, Lots 1 and 2 situated in the county of Grayson, State ofTexas, generally located at thel Northwest corner of Cedar Street and Hwy 289. Alan. Richins made the motion to approve Ordinance #2024-12-19-01. rezoning from SF-1 Single Family. Residential, District-1 to. PD. Planned. Development-Cl, located in Gunter Town Center Addition, Phase. 3, Lots 1 and 2. William Stevens seconded the motion. Motion passed 6. Discuss, consider, and act upon Amending Plat for Price Estates, Lot 6, Block A totaling 1.630 Cyndy Davis made the motion to approve Amending Platf for Price Estates, Lot 6, Block At totaling 1.630 acres, located on. J.C. Maples Road, Gunter, Texas. Alan Richins 7. Discuss, consider, and act upon approving a Final Plat for Valley Church of Christ, Lot 1, Block A, totaling 10.616 acres, located at 121 E. College Street, Gunter, Texas. Cyndy Davis made the motion to approve Final. Platfor Valley Church of Christ, Lot1, Block A, totaling 10.616 acres, located at 121 E. College, Street, Gunter, Texas. Alan 8. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 11.53 acres, located at] Pike Road and McConnell Road, and received from 9 Star Gunter Fields, LLC, by Abdul Azeez Shaik, on December 3-0 acres, located on. J.C. Maples Road, Gunter, Texas. seconded the motion. Motion passed. 3-0 Richins seconded the motion. Motion passed. 3-0 4,2024. NoAction 9. Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 15.568 acres, located at] Pike Road and McConnell Road, and received from 9 Star Premium Land, by Abdul Azeez Shaik, on December 4, 2024. NoAction 10. Discuss, consider, and act upon Senate Bill 2038 petition for: release from the Extraterritorial Jurisdiction (ETJ) for 7.0 acres, located at Pike Road and received from 9 Star Texas Land Development Company, by Sreeramagiri Lakshmi Sowmya, on December 6, 2024. No Action 11.Discuss, consider, and act upon approving an EDC expenditure of $348,480.00, plus any associated closing costs for the purchase of GISD property parcel #151917: located at the corner ofLittle Elm and 6th Street. Move to January meeting 12. Discuss, consider, and act upon an. Agreement with Bob Matthews toj provide Code Enforcement Services for the City. Cyndy. Davis made the motion to approve the Agreement with Bob. Matthews toj provide Code. Enforcement, Services for the City of Gunter. Alan Richins seconded the motion. 13. Discuss, consider, and act upon an Agreement with All American Dogs to provide Motion passed. 3-0 Animal Control Services for the City. Cyndy Davis made the motion to approve the Agreement with AlL American Dogs to provide Animal Control. Services for the City of Gunter. William Stevens seconded the 14. Discuss, consider, and act upon an ILA (Inter-Local Agreement) with Grayson County to perform emergency guard-rail repairs on a bridge located on Bounds Road within the William Stevens made the motion to approve. ILA with Grayson County and authorized $3,186.00 to perform emergency, guard-rail repairs on a bridge located on Bounds 15. General discussion of Gunter City Ordinance Chapter 25, "Use ofLand and Buildings". General discussion continued regarding City Ordinance Chapter. 25, "Use ofLand and Buildings", and council tasked. Mayor. Pro Tem William Stevens, City Attorney Courtney Morris, Director of Planning &. Development, Eric Wilhite, and. Jeannie motion. Motion passed. 3-0 City Limits of Gunter. Road. Cyndy. Davis seconded. the motion. Motion passed. 3-0 Anderson. 16. COUNCIL BUSINESS EXECUTIVE SESSION Mayor Karen Souther Opened. Executive Session at 7:51 p.m. executive session (closed meeting) to discuss the following: Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City. Attorney on ai matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules ofProfessional Conduct oft the State Bar of'Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF Litigation b. Employe/Department Reviews Mayor. Karen Souther Closed. Executive Session at 8:35 p.m. RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on: matters discussed in] Executive Session. 17. Discuss, and take appropriate action on any Executive Session item. No Action ADJOURN Adjourned. At 8:35 p.m. Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary GUNTER POLCE DEPARIMENT REPORT SERVICE EUNTER TEXAS EST 1901 POLICE ERI POLCEIN December 2024 Event Activity Analysis by Day Date Reported: 1701/20.4-12731/20.4 GUNTER POLICE DEPARTMENT 102 NORTH PRESTONROAD GUNTER, TX75058 903-433-1717 Classification AGENCY ASSIST ASSISTG GUNTERI FIRE DEPT. Assist Other Agency AGENCY ASSIST AGENCY ASSIST AGENCY ASSIST ASSISTED GCSO AGENCY ASSIST AGENCY ASSIST ALARM Business Alarm Fire Alarm Residential Alarm ANIMAL! PROBLEM DOG/CATRUNNING: ATLARGE Livestock CIVILI PROBLEM Civil Dispute Civil Problem DISTURBANCE NOISE COMPLAINT FAMILY DISTURBANCE VerbalArgument HAZARDOUS: SITUATION Gas Leak / Spill HAZARDOUS: SITUATION TRAFFICI HAZARD INFORMAT TIONI REPORT INFORMATIONI REPORT MEDICAL Ambulance. Assist ASSISTGFD ASSISTOTHER. AGENCY MEETCOMPLAINANT INFORMATION MENTALSUBJECT Hospitall Transport PROCESS SERVICE Warrant Service PUBLICPEACE Disorderly Conduct DISTURBANCE PUBLICS SERVICE Assist Motorist Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals 1 2 0 1 0 1 1 5 0 1 1 1 1 3 1 3 1 1 1 6 4 0 2 0 1 0 1 U 2 1 1 3 6 3 1 6 1 1 1 1 1 1 1 1 7 3 3 1 2 0 2 1 0 1 2 2 3 U 1 2 4 1 1/2 1 a 0 1 0 0 a 1 2 2 2 1 1 2 1 2 1 1 2 2 0 0 WELFARE CONCERN SUSPICIOUS Suspicious Person Suspicious' Vehicle THEFT Larceny, From Yard/Land TRAFFICACCIDENT Hit/Run, Vehicle Damg Traffic. Accident, Injury Traffic Accident, Private Prop Damg Traffic Accident, Vehicle Damage TRAFFICPROBLEM Reckless Driver Traffic, Other TRESPASSING Trespassing, Private Property Totall Events Total Citation Violations: Total Citations: 2 0 0 U 1 1 7 1 1 1 2 3 1 5 12 1 5 11 1 1 2 1 1 6 15 6 72 26 23 24 205 33 29 30 263 D 1 3 0 1 1 1 1 0 0 9 12 14 27 33 47 40 44 53 4 4 10 25 34 2/2 CITY OF GUNTER BY GRID SH: 289/N. 8HST. THE WOODS DOLLARSTORE N.WEST GUNTER HGISCAOOLAMDDESCIOL SONIC N. EAST GUNTER CABINETS FM1 121/EAST MAINST. GUNTER CENTER CITYHALL FM121/WESTI MAIN GUNTER ELEMENTARY SCHOOL THE BRIDGES S.WEST S.EAST SH289/S.8 8'HST. NOTTOSCALE EVENTACTIMITYCHARTFORDECEMBER2024 2.8% 5.6% 15.3% 30.6% S.WEST S.EAST OTHER. N.WEST N.EAST CNTY 8.3% 37.5% 1/1 EVENTACTMIYCHART FORI DECEMBER2 2024 30 27 25. 20 15 10. 5 1/1 Arrest Report Date Reported A-BANDA I City: GUNTER GUNTER POLICE DEPARTMENT 102 NORTH PRESTON ROAD GUNTER, TX75058 903-433-1717 Classification PROCESS! SERVICE SUSPICIOUS Total Arrests:: 3 Number of Arrests 2 1 1/1 CITATIONACTMITYCHARTI FORDECEMBER2024 NOLCENSEPLATEUIGHT SPEEDING DEFECTNETALLAMPS DRMNGONIMPROVEDSHOULDER OPERATIONOFVEHICLEW.OUTREGSTRATIONINSIGNIA ATEREDOROBSCUREDLICENSEPLATE SPEEDINGINASCHOOLZONE NOINSURANCE CUTINAFIERPASSNG MOATONOFORONANCEANIMALSATLARGE CRIMNAL TRESPASS IMPEDINGTRAFFIC DISREGARDEDNOPASSINGZONE POSSESSIONOFALCOHCICHEENVGENAGEINMOTORVEHICIE RANREDLIGHT RANSTOPSIGN CUTACROSSDRIEWAYTOMAETURN FALEDTOSIGNALDSTANCEBEFORETURN TURNCDRGHTICOWDE PUBLICINIOXCATION DEFECINEHEADLANPS OPERAIEMOTORVEHICLEWITHOUTPLAIES DROVEWITHOUTLIGHISWHENREQUIRED MOLATIONOFORDINANCELOUDMJSICINOISE FALEDTODRIVEINSINGLELANE UNSAFESPEED DRVERLICENSEREQURED/NODH) DEFECTMESIOPLAMPS 0.4% 0.4% 0.4% 0.8% 0.4% 2.7%/ 0.4% 0.8% 1.4% 4% 4% 4% 4% 3.4% 0.4% 1.1% 2.3% 75.7% 1/1 CITATIONACIMIYCHART FORI DECEMBER: 2024 NOLCENSEPLATEUGHT SPEEDING DEFECINETALLAPS DRMNGONIMPROVEDSHOULDER 2 ALTEREDOROBSCUREDLICENSEPLATE 3 SPEEDINGINASCHOOLZONE 6 NOINSURANCE 2 CUTINAFTERPASSING CRIMNALTRESPASS 3 IMPEDINGTRAFFIC 199 OPERATIONOFVEHICWOUTREGSTRATIONINSIGNIA MOLATIONOFORDINANCE-ANMAALSATLARGE SREPODMOPESNGANE POSSESSIONOFALCOHOLICBEVERAGEINMOTORVEHICLE RANREDLIGHT 9 RANSTOPSIGN 9 CUTACROSSDRMEWANYTOMAKETURN ALEDTOSANADISTANNCEBEFORETURN TURNEDRIGHTTCOWDE PUBLICI INTOACATION DEFECINVEHEADLAVPS OPERATEMOTORVEHICLEWITHOUTPLATES DROVEWITHOUTLIGHISWHENREQUIRED MOLATIONOFORDINANCELQUDMJSICINOISE FALEDTODRIMEINSINGLELANE 2 UNSAFESPEED DRIVERLICENSEREQUREDINODU) DEFECTVESTOPLAPS 0 50 100 150 200 250 1/1. GUNTERI POLCEDEPARTMIENT 1021 NORTHPRESTONI ROAD GUNTER,TX75058 903-433-1717 Racial Profiling Totals Category A.Total Statistic TOTALSTOPS Category B. Gender Statistic FEMALE FEMALE- ALASKA NATIVE/AMERICANI INDIAN FEMALE- ASIAN ORI PACIFICI ISLANDER FEMALE- BLACK FEMALE- HISPANIC ORI LATINO FEMALE- WHITE GENDERI UNKNOWN MALE MALE-ALASKAI NATIVE/AMERICAN. INDIAN MALE- ASIAN ORI PACIFIC ISLANDER MALE-BLACK MALE- HISPANIC ORI LATINO MALE- WHITE Category C.I Race or Ethnicity Statistic ALASKA) NATIVE/AMERICAN INDIAN ASIAN ORI PACIFICI ISLANDER BLACK HISPANIC ORI LATINO WHITE Category D. Was race or ethnicity) known prior tos stop? Statistic RACE KNOWNI PRIOR TOSTOP RACEI NOT KNOWNI PRIOR1 TOSTOP Category E.I Reason for Stop Statistic MOVING1 TRAFFIC VIOLATION MOVING TRAFFIC VIOLATION-ALASKA NATIVE/AMERICAN INDIAN MOVING TRAFFIC VIOLATION-ASIAN ORI PACIFIC 9 ISLANDER MOVING1 TRAFFIC VIOLATION- BLACK MOVING1 TRAFFIC VIOLATION- HISPANIC ORI LATINO 41 MOVING1 TRAFFIC VIOLATION- UNKNOWN Count 255 Count 57 4 8 43 0 198 0 10 16 36 136 Count I 11 20 44 179 Count 0 255 Count 239 17 0 Page 117 MOVING TRAFFIC VIOLATION- WHITE PRE-EXISTINGI KNOWLEDGE PRE-EXISTINGI KNOWLEDGE- ALASKA NATIVEAMERICANI INDIAN PRE-EXISTINGI KNOWLEDGE- ASIAN ORI PACIFIC ISLANDER PRE-EXISTINGI KNOWLEDGE- BLACK PRE-EXISTINGI KNOWLEDGE- HISPANIC ORI LATINO 0 PRE-EXISTINGI KNOWLEDGE-I UNKNOWN PRE-EXISTINGI KNOWLEDGE- WHITE VEHICLET TRAFFIC VIOLATION VEHICLET TRAFFIC VIOLATION- ALASKA NATIVEAMERICANI INDIAN VEHICLET TRAFFIC VIOLATION- -ASIAN ORI PACIFIC 2 ISLANDER VEHICLE1 TRAFFIC VIOLATION- BLACK VEHICLE1 TRAFFIC VIOLATION- HISPANIC ORI LATINO 3 VEHICLE1 TRAFFIC VIOLATION- -UNKNOWN VEHICLETRAFFICY VIOLATION- WHITE VIOLATION OF1 THEL LAW VIOLATION OF THEI LAW- ALASKA NATIVE/AMERICAN 0 INDIAN VIOLATION OF1 THEI LAW- ASIAN OR PACIFIC ISLANDER VIOLATION OF1 THEI LAW- BLACK VIOLATION OF1 THEI LAW- HISPANIC ORI LATINO VIOLATION OF THEL LAW- -UNKNOWN VIOLATION OF1 THEI LAW- WHITE Category F.A Approximate Location ofs Stop Statistic CITY STREET COUNTY ROAD PRIVATEI PROPERTY OR OTHER STATEI HIGHWAY US HIGHWAY Category G. Wasas search conducted? Statistic SEARCH CONDUCTED SEARCHCONDUCTED- -ALASKA NATIVEAMERICAN 0 INDIAN SEARCH CONDUCTED- ASIAN ORI PACIFIC. ISLANDER 0 SEARCH CONDUCTED- BLACK SEARCH CONDUCTED- HISPANIC ORI LATINO SEARCH CONDUCTED-I UNKNOWN SEARCH CONDUCTED- WHITE SEARCHI NOT CONDUCTED SEARCHI NOT CONDUCTED- ALASKA NATIVEAMERICAN. INDIAN SEARCHI NOT CONDUCTED- ASIAN ORI PACIFIC ISLANDER SEARCHI NOT CONDUCTED- BLACK SEARCHI NOT CONDUCTED- HISPANIC ORI LATINO 43 171 0 o 0 16 0 3 0 8 0 0 0 0 0 0 Count 15 0 239 0 Count 3 1 0 252 11 19 Page 2/7 SEARCHI NOT CONDUCTED- UNKNOWN SEARCH) NOT CONDUCTED- WHITE Category H. Reason for Search Statistic CONSENT CONSENT- ALASKAI NATIVE/AMERICAN INDIAN CONSENT- ASIAN ORI PACIFICI ISLANDER CONSENT- BLACK CONSENT- -HISPANIC ORI LATINO CONSENT- UNKNOWN CONSENT- WHITE CONTRABANDEVIDENCE INI PLAIN SIGHT CONTRABANDEVIDENCE INI PLAIN SIGHT- ALASKA NATIVEAMERICANT INDIAN CONTRABANDEVIDENCE INI PLAINS SIGHT- ASIANO OR 0 PACIFIC ISLANDER CONTRABANDEVDENCE: INI PLAIN SIGHT- BLACK 0 CONTRABANDEVDENCE INI PLAINS SIGHT-H HISPANIC 0 OR LATINO CONTRABANDEVIDENCE: INF PLAINS SIGHT- UNKNOWN 0 CONTRABANDEVIDENCE INI PLAINS SIGHT- WHITE - INCIDENT TOARREST INCIDENT TOARREST- ALASKAI NATIVE/AMERICAN 0 INDIAN INCIDENT TOA ARREST- ASIAN ORI PACIFIC ISLANDER 0 INCIDENT TOARREST- BLACK INCIDENT TOARREST- HISPANIC ORI LATINO INCIDENT TOA ARREST L UNKNOWN INCIDENT TOA ARREST- WHITE INVENTORY: SEARCHI PERFORMED. ASAF RESULT OF 0 TOWING INVENTORY: SEARCHI PERFORMED. AS/ AF RESULTOF 0 TOWING-/ ALASKAI NATIVEAMERICANI INDIAN INVENTORY: SEARCHI PERFORMED. AS Al RESULTOF 0 TOWING- ASIAN ORI PACIFICI ISLANDER INVENTORY: SEARCHI PERFORMED. ASAI RESULTOF 0 TOWING- BLACK INVENTORY: SEARCHI PERFORMED. AS Al RESULTOF 0 TOWING- HISPANIC ORI LATINO INVENTORY: SEARCHI PERFORMED. AS Al RESULTOF 0 TOWING- UNKNOWN INVENTORY: SEARCHI PERFORMED. AS Al RESULTOF 0 TOWING- WHITE PROBABLE CAUSE ORI REASONABLES SUSPICION PROBABLE CAUSE ORI REASONABLE SUSPICION- ALASKAI NATIVE/AMERICAN. INDIAN PROBABLE CAUSE OR REASONABLE: SUSPICION- ASIAN ORI PACIFICI ISLANDER PROBABLE CAUSE ORI REASONABLES SUSPICION- BLACK PROBABLE CAUSE ORI REASONABLE: SUSPICION- HISPANIC ORI LATINO PROBABLE CAUSE ORI EASONAILESUSPCION: UNKNOWN 0 178 Count 0 0 - 0 0 0 o 0 0 0 0 0 0 0 Page 317 PROBABLECAUSE ORI REASONABLESUSPICION. WHITE Category Was contraband discovered? Statistic CONTRABANDI DISCOVERED CONTRABANDI DISCOVERED-ALASKA NATIVEAMERICAN INDIAN CONTRABANDI DISCOVERED- ALASKA NATIVE/AMERICAN. INDIAN- ARRESTED CONTRABANDI DISCOVERED- ALASKA NATIVEAMERICAN INDIAN- NOT ARRESTED CONTRABANDI DISCOVERED- ASIAN ORI PACIFIC ISLANDER CONTRABANDI DISCOVERED- ASIAN ORI PACIFIC ISLANDER- ARRESTED CONTRABANDI DISCOVERED- ASIAN ORI PACIFIC ISLANDER- -NOT ARRESTED CONTRABANDI DISCOVERED- BLACK CONTRABANDI DISCOVERED- BLACK- ARRESTED 0 CONTRABANDI DISCOVERED- BLACK- NOT ARRESTED 0 CONTRABANDI DISCOVERED- HISPANIC ORI LATINO 0 CONTRABANDI DISCOVERED- HISPANIC ORI LATINO- 0 CONTRABAND! DISCOVERED- HISPANIC ORI LATINO- 0 CONTRABANDI DISCOVERED- UNKNOWN CONTRABAND! DISCOVERED- UNKNOWN- ARRESTED 0 CONTRABANDI DISCOVERED- UNKNOWN- -NOT CONTRABAND DISCOVERED- WHITE CONTRABAND: DISCOVERED- WHITE- ARRESTED CONTRABAND: DISCOVERED- WHITE-NOT. ARRESTED CONTRABANDI NOTI DISCOVERED CONTRABAND: NOTI DISCOVERED-ALASKA NATIVE/AMERICAN INDIAN CONTRABANDI NOT DISCOVERED- ASIAN ORI PACIFIC 0 ISLANDER CONTRABAND NOT DISCOVERED-I BLACK CONTRABANDNOT: DISCOVERED-IISPANIC OR LATINO CONTRABANDI NOT DISCOVERED-L UNKNOWN CONTRABANDI NOTI DISCOVERED- WHITE Category . Description of Contraband Statistic ALCOHOL ALCOHOL- ALASKAI NATIVE/AMERICAN INDIAN ALCOHOL- ASIAN ORI PACIFICI ISLANDER ALCOHOL- BLACK ALCOHOL- HISPANIC ORI LATINO ALCOHOL- UNKNOWN ALCOHOL- WHITE CURRENCY Count 0 0 0 ARRESTED NOT ARRESTED ARRESTED 0 0 2 0 0 0 Count 0 0 0 0 0 0 CURRENCY- ALASKAI NATIVEAMERICANI INDIAN 0 Page 417 CURRENCY- -ASIAN ORI PACIFIC ISLANDER CURRENCY- -BLACK CURRENCY- -HISPANIC ORI LATINO CURRENCY- U UNKNOWN CURRENCY- WHITE DRUGS DRUGS-/ ALASKAI NATIVEAMERICAN INDIAN DRUGS- ASIAN ORI PACIFIC ISLANDER DRUGS BLACK DRUGS- HISPANIC ORI LATINO DRUGS- UNKNOWN DRUGS WHITE OTHER OTHER- -ALASKA NATIVEAMERICANI INDIAN OTHER- ASIAN ORI PACIFICI ISLANDER OTHER- -BLACK OTHER- HISPANIC ORI LATINO OTHER -UNKNOWN OTHER- WHITE STOLENI PROPERTY STOLENI PROPERTY- ALASKA NATIVE/AMERICAN INDIAN STOLENI PROPERTY- ASIAN ORI PACIFICI ISLANDER 0 STOLENI PROPERTY- -BLACK STOLEN PROPERTY- HISPANIC ORI LATINO STOLENI PROPERTY- UNKNOWN STOLENI PROPERTY-VHTE WEAPONS WEAPONS. ALASKAI NATIVEAMERICANT INDIAN WEAPONS- -ASIAN ORI PACIFICI ISLANDER WEAPONS- BLACK WEAPONS- HISPANIC ORI LATINO WEAPONS- UNKNOWN WEAPONS. WHITE Category K.F Resulto ofthe Stop Statistic ARREST ARREST- ALASKAI NATIVEAMERICAN INDIAN ARREST- ASIAN ORI PACIFIC ISLANDER ARREST-) BLACK ARREST- HISPANIC ORI LATINO ARREST- UNKNOWN ARREST- WHITE CITATION CITATION- ALASKA NATIVE/AMERICAN INDIAN CITATION- ASIAN ORF PACIFIC ISLANDER CITATION- BLACK CITATION- HISPANIC ORI LATINO CITATION- UNKNOWN CITATION- WHITE CITATION. ANDA ARREST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count 0 0 0 0 0 0 0 175 8 15 33 0 118 0 Page 5/7 CITATION. AND ARREST- -ALASKAI NATIVEAMERICAN CITATION. AND ARREST- ASIAN ORI PACIFIC ISLANDER 0 CITATION. AND/ ARREST- BLACK CITATION. ANDA ARREST- HISPANIC ORI LATINO CITATION. AND ARREST- UNKNOWN CITATION. AND ARREST- WHITE INVESTIGATORY: STOP INVESTIGATORY STOP- ALASKAI NATIVEAMERICAN 0 INDIAN INVESTIGATORY STOP- ASIAN ORI PACIFIC ISLANDER 0 INVESTIGATORY STOP- -BLACK INVESTIGATORY STOP- HISPANIC ORI LATINO INVESTIGATORY: STOP- UNKNOWN INVESTIGATORY STOP- WHITE VERBAL WARNING VERBAL WARNING-ALASKAT NATIVEAMERICAN INDIAN VERBAL WARNING- ASIAN OR PACIFIC ISLANDER 0 VERBAL WARNING- BLACK VERBAL WARNING- HISPANIC ORI LATINO VERBAL WARNING- UNKNOWN VERBAL) WARNING- WHITE WRITTEN WARNING WRITTEN WARNING- ALASKAI NATIVEAMERICAN 0 INDIAN WRITTEN' WARNING- ASIAN OR PACIFICI ISLANDER 3 WRITTEN WARNING- BLACK WRITTEN WARNING- HISPANIC ORI LATINO WRITTEN' WARNING- UNKNOWN WRITTEN WARNING- WHITE WRITTEN WARNING. AND ARREST WRITTEN WARNING. AND ARREST- ALASKA NATIVEAMERICAN. INDIAN WRITTEN WARNING. AND ARREST- ASIAN ORI PACIFIC 0 ISLANDER WRITTEN WARNING. AND ARREST- BLACK WRITTEN WARNING. AND ARREST- HISPANICOR LATINO WRITTENY WARNING. AND ARREST- UNKNOWN WRITTEN WARNING. AND ARREST- WHITE Category L.Arrest! Based On Statistic CITY ORDINANCE VIOLATION CITY ORDINANCE' VIOLATION- ALASKA NATIVEAMERICAN INDIAN CITY ORDINANCE' VIOLATION- ASIAN ORI PACIFIC 0 ISLANDER CITY ORDINANCEVIOLATON: BLACK CITY ORDINANCE' VIOLATION- HISPANIC ORI LATINO 0 CITY ORDINANCEY VIOLATION- UNKNOWN CITY ORDINANCE' VIOLATION- WHITE OUTSTANDING WARRANT INDIAN 0 0 0 0 0 0 0 0 20 0 0 2 0 18 60 5 9 0 43 0 0 0 0 0 0 Count 0 0 0 0 0 Page 617 OUTSTANDING WARRANT- ALASKA NATIVEAMERICANI INDIAN OUTSTANDING WARRANT- ASIAN ORI PACIFIC ISLANDER OUTSTANDING WARRANT- -BLACK OUTSTANDING WARRANT- HISPANIC ORI LATINO OUTSTANDING WARRANT- -L UNKNOWN OUTSTANDING WARRANT- WHITE PENAL CODE VIOLATION PENAL CODE VIOLATION- ALASKA NATIVEAMERICAN INDIAN PENAL CODE VIOLATION- ASIAN ORI PACIFIC ISLANDER PENAL CODE' VIOLATION- -BLACK PENAL CODE VIOLATION- HISPANIC ORI LATINO PENAL CODE VIOLATION- UNKNOWN PENAL CODE VIOLATION- -WHITE TRAFFICI LAW VIOLATION TRAFFICI LAW VIOLATION- ALASKA NATIVEAMERICAN. INDIAN TRAFFICLAW VIOLATION- -ASIAN ORI PACIFIC ISLANDER TRAFFICLAW VIOLATION- BLACK TRAFFIC LAW VIOLATION- HISPANIC ORI LATINO TRAFFICI LAW VIOLATION- -UNKNOWN TRAFFICLAW VIOLATION- WHITE Category Physical Force resultingi inb bodilyi injury Statistic FORCEI NOT USED FORCENOT USED-ALASKA NATIVE/AMERICAN INDIAN FORCEI NOT USED- ASIAN ORI PACIFICI ISLANDER FORCEI NOT USED- BLACK FORCEI NOTI USED- -I HISPANIC ORI LATINO FORCET NOT USED-UNKNOWN FORCEI NOT USED- WHITE FORCE USED FORCE USED- ALASKAT NATIVEAMERICAN INDIAN 0 FORCET USED-ASIAN ORI PACIFICI ISLANDER FORCE USED- BLACK FORCE USED- HISPANIC ORI LATINO FORCE USED-L UNKNOWN FORCE USED-) WHITE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count 255 11 20 44 0 179 0 0 0 0 0 0 Page 717 0 2 - 00 8 A R 88 3 0 0 00 d0 00 0 0 0 5 o 0 00 0 a 0 0 6e 00 d0 d0 0 0 00 00 d0 00 00 O 6 o 0 0 00 80 5 0 d0 O f d0 0 B 0 88 0 de o o O / 4 0 o D g E f - 0 o o in 00 N 6 2 N 5 00 0 0 - 8 e 9 00 80 88 0 a 0 0 0 58 80 60 800o 5 > 4 0 38 o d0 d0 ) o o 1 00 0 0 0 0 0 o a 00 d0 d0 00 0 o 0 O 0 8 d0 o o :0 6 00 0 d0 d0 0 0 0 11 o 0 0 8 08 8 8 a 4 00 d0 0 0 00 d0 Co 0 B o 0 0 0 o a 0 00 o R 8 6 5 3 o de 00 8 a 0 00 00 00 0 0 0 0 0 c d0 d0 0 o o d0 00 d0 00 d0 00 o 00 0 0 0 I o 8 8 5 N 888 10 00 R - 0 0 0 0 V - 5 00 0 00 0 0 00 0 0 000 00 00 00 0 0 0 4 a O EST.1901 CITY COUNCIL MEETING January 16, 2025 6:001 PM GUNGERI AGENDA ITEM: I#2 City Secretary: Introduction of] Department Heads and Team Members AGENDA ITEM IMMARYBACKGROUND PRESENTED BY: Detra Gaines - City Secretary Karen Souther, Mayor "SUGGESTED MOTION": FINANCIALMPACT: N/A LEGALI REVIEW: N/A ATTACHMENTS: See Attachments TY O GUNERI EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00PM AGENDA ITEM: #3 Fire Department: Weather Response Fire & EMS Update AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Jon Logan - Fire Chief Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments O EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00) PM GUNERI AGENDA ITEM #4 Director of] Parks & Public Services Report Staff will seek approval oft the lowest qualified bid for the Woods driveway Staffwill seek approval to move forward with the lowest qualified bid for the Fox Alderman Williams arranged for stafft to meet with Precinct 1 Commissioner Josh Marr, to move forward with aj possible Interlocal agreement with Precinct 1 Maintenance Division. Gunter would trade our patch truck for agreed upon road work. This would be an advantageous arrangement for both parties transition project at the February 6th meeting Bend Trace Road repairs in the Bridges Development Inclement weather response efforts AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Adam Adams - Director of Parks & Public Services SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments O EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00PM GUNAERI AGENDA ITEM #5 Mayor /Alderman Report: General Notifications, Announcements, Appreciations AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments O EST.1901 CITY COUNCIL MEETING January 16, 2025 6:001 PM GUNERI AGENDA. ITEM #6 Audit Presentation will be given by Mike Brooks with Brooks & Watson, CPA. Discuss, consider, and act upon approving the City of Gunter's2 2022-2023 Audit. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL: IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments OA EST.1901 CITY COUNCIL MEETING January 16, 2025 6:001 PM GUNERI AGENDA ITEM: #7 Discuss, consider, and act upon approving a Resolution authorizing the Gunter Economic Development Corporation to purchase real property from the Gunter ISD. AGENDA ITEM UNMARYBACKGROLND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See. Attachments 1YO GUNERI EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00 PM AGENDA ITEM #7 Discuss, consider, and act upon approving a resolution authorizing the Gunter Economic Development Corporation toj purchase real property from the Gunter Independent School District. AGENDA ITEM SUMMARY/BACKGROUND The Gunter Economic Development Corporation's attorney has requested that in-addition to the approval already given by Council for the land purchase by EDC, the Council now continue the process by resolution. The. EDC will also approve the purchase by resolution at their February 6th, 2025 meeting. PRESENTED BY: Adam Adams, Director ofl Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: EDC funds of $348,480 LEGAL REVIEW: ATTACHMENIS: Resolution EDC has legal representation that will work with the school district on the contract. Working copy of the sales agreement CITY OF GUNTER, GUNTER, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUNTER, TEXAS APPROVING AND RATIFYING A APURCHASE AND SALE AGREEMENT BETWEEN THE GUNTER ECONOMIC INDEPENDENT SCHOOL DISTRICT FOR THE PURCHASE BY THE GEDC OF THE REAL PROPERTY AND IMPROVEMENTS DESCRIBED AS AN APPROXIMATELY1.00 ACRETRACTOUTOF: THE GUNTER OLD TOWN SURVEY, BLOCK 38, LOTS 13, 14,1 15, 16, 17 AND 18, CITY OF GUNTER, GRAYSON COUNTY, TEXAS; AUTHORIZING AND RATIFYING EXECUTION OF THE AGREEMENT BY THE GEDC PRESIDENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING AN DEVELOPMENT CORPORATION AND THE GUNTER EFFECTIVE DATE. WHEREAS, the City is required to approve expenditures of the Gunter Economic WHEREAS, the Board of Directors of the GEDC has previously approved a Project for the purchase of real property and any improvements situated thereon for an approximately 1.00 acre tract out of the Gunter Old Town Survey, Block 38, Lots 13 through 18 (the Property") between the GEDC and the Gunter Independent School District (the "Project"); and Development Corporation ("GEDC"); and WHEREAS, the City Council has determined that the Project contemplated by GEDC as set forth in the Purchase and Sale. Agreement will promote and retain new and expanded business WHEREAS, the City Council finds that the expenditure offunds by GEDC: in undertaking the Project is authorized by the Act and that the Project should be approved and authorized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF enterprises within the City of Gunter; and THE CITY OF GUNTER, TEXAS THAT: SECTION 1. The purchase and sale agreement between the Gunter Economic Development Corporation and the Gunter Independent School District for the real property described as being an approximately 1.00 acre tract out oft the Gunter Old Town Survey, Block 38, Lots 13, 14, 15, 16, 17 and 18, City of Gunter, Grayson County, Texas (the Property") for a purchase price as stated in said purchase and sale agreement which is attached hereto and incorporated herein by this reference as Exhibit "A," is hereby approved and the GEDC's actions related thereto are hereby approved and ratified. SECTION: 2. This Resolution shall take effect immediately upon passage. DULY PASSED by the City Council of the City of Gunter, Texas, on the 16 day of January, 2025 AYES NAYS ABSTENTIONS APPROVED: Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary APPROVED ASTOFORM: City Attorney EXHIBIT A Real Estate Purchase and Sale Agreement Between GEDC and GISD PURCHASE ANDSALE, AGREEMENT 1.00 acres , City of Gunter, Grayson County, Texas THIS PURCHASE AND SALE. AGREEMENT (this "Agreement")i is made and entered into between GUNTER INDEPENDENT SCHOOL DISTRICT (the "Seller") and the CITY OF GUNTER, TEXAS ("Purchaser"). Seller and Purchaser may each be referred tol herein as a "party" and collectively as the "parties." RECITALS WHEREAS, defined terms are indicated by initial capital letters. Defined terms shall have the meaning set forth herein, whether or not such terms are used before or after the definitions are set forth. WHEREAS, Purchaser desires to purchase the Property and Seller desires to sell the NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, as well as the sums to be paid by Purchaser to Seller, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Property, all upon the terms and conditions set forth in this Agreement. Purchaser and Seller agree as follows: ARTICLE1 BASIC INFORMATION Section 1.1 Certain Defined Terms The following defined terms shall have the meanings set forth below: A. Closing. The completion of the transaction described in this Agreement. B. Closing Date. The date that is thirty (30) days after expiration of the Inspection Period. C. Cure Period. The period beginning on the date Seller receives Purchaser's Objections and ending on the date that is ten (10) days thereafter. D. Due Diligence Delivery Date. The date that is ten (10) days after the Effective E. Earnest Money. Twenty-Five Thousand and No/100 Dollars ($25,000.00). Date. F. Effective Date. Earnest Money Delivery Date. The date that is three (3) business days after the G. Effective Date. The date on which the following conditions have been satisfied: Purchase and Sale Agreement Page 1 4595222 () Authorized representatives of the parties have signed this (i) afully signed copy ofthis Agreement has been delivered to the Title Agreement; and Company as acknowledged by the Title Company's signed receipt. H. Inspection Period. The period beginning on the Effective Date and ending on the date which is thirty (30) days after the Effective Date. I. Purchase Price. Eight and No/100 Dollars ($8.00) per gross square foot ofl land as determined by the final approved Survey. For purposes of illustration only, based on the Property consisting of 43,560 gross square feet of land, the Purchase Price would be an amount equal to Three Hundred Forty-Eight Thousand Four Hundred Eighty and No/100 Dollars ($348,480.00). J. Purchaser's Broker. N/A. K. Review Period. The period ending fifteen (15) days after Purchaser's receipt of the last oft the (i)i initial Title Commitment, (ii) Title Documents, and (ii) the Survey. L. Seller's Broker. N/A. M. Survey Delivery Date. The date that is ten (10) days after the Effective Date. N. Title Commitment Delivery Date. The date that is thirty (30) days after the O. Title Company. FairTexas Title Company, 515N. Travis, Sherman, Texas 75090 P. Title Termination Period. The period beginning on the expiration of the Cure Effective Date. (Mati Rutledge). Period and ending on the date that is five (5) days after the Cure Period. Section 1.2 Closing Costs Closing costs shall be allocated and paid as follows: COST RESPONSIBLE PARTY Seller Seller Purchaser Purchaser Title Commitment Premium for standard form Title Policy Premium for endorsements or additional coverage for the Title Policy New or Updated Survey Purchase and Sale Agreement Page2 4595222 Recording Fees Purchaser Evenly split between Purchaser and Seller Purchaser Seller Purchaser Escrow Fee charged by Title Company Commission to Purchaser's Broker, ifany Commission to Seller's Broker, ifany All other Closing costs, expenses, charges and fees customarily paid by purchasers in Grayson County, Texas. Purchaser's All other Closing costs, expenses, charges and fees customarily paid by sellers in Grayson County, Texas. Seller's attorneys' attorneys' fees. Seller fees. Section 1.3 Notice Addresses Seller: Gunter Independent School District Attn: Scott Martindale 2131 N. 8th Street Gunter, Texas 75058 Email: marincatc@unters.on Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Chris Zillmer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Email: ZilmerQabernathy-law.com Gunter Economic Development Corporation Attn: Kristofer Atkinson, President 105N. 4th Street Gunter, Texas 75058 Email: kalkinsen@cigunterikus Nichols Jackson, LLP Attn: Victoria Thomas 500N. Akard Street, Suite 1800 Dallas, Texas 75201 Email: vthomas@nicholsjackson.com with copy to: Purchaser: with copy to: Purchase and Sale Agreement Page3 4595222 Title Company: Fair Texas Title Company Attn: Mati Rutledge 515N. Travis Sherman, Texas 75090 Email: ARTICLE2 PROPERTY Section 2.1 Property Description Upon the terms and conditions hereinafter stated, Seller hereby agrees to sell and convey to Purchaser the following (the Real Property, the Improvements, the Licenses and Permits, and all rights and interests appurtenant thereto, collectively being referred to as the Property"): A. Land. Good and indefeasible title to approximately 1.00 gross acres ofland, more or less, located at the northwest corner of 6th Street and Little Elm Creek Road, in the City of Gunter, Grayson County, Texas (the "Land"), together with all benefits, privileges, easements, tenements, hereditaments, rights and appurtenances thereon or pertaining to such Land including any right, title, and interest of Seller in and to any (i) strips and gores between said tract and abutting properties, (ii) land lying in or under the bed of adjacent streets, alleys, roads or rights of way, (iii) easements or rights of way appurtenant to or otherwise benefitting said tract, (iv) utility capacities, commitments, reservations and other rights and capacities (including but not limited to storm water detention rights). related to said tract, (v) all development rights relating to said tract, (vi) all rights to credits, refunds and reimbursements associated with said tract, (vii) all water and drainage rights associated with said trat, (viii) all reversionary rights related to said tract, and (ix) all other rights and appurtenances of any kind related to said tract save and except the mineral interests listed below in subsection D, the Land being more specifically described herein on Exhibit "A" and depicted on Exhibit "A-1", attached hereto and incorporated herein by this reference. B. Improvements. All buildings, structures, fixtures, and improvements situated on, in, or under the Land, ifany ("Improvements") ); all benefits, privileges, tenements, hereditaments, rights and appurtenances thereon or pertaining to the Improvements and all easements owned by Seller, if any, which are used or needed in connection with the operation or development of the Land (the Land and the improvements are, herein referenced as the "Real Property"). C. Licenses and Permits. To the extent assignable by Seller to Purchaser, and to the extent any of the following exist and run with the Real Property, all of Seller's right, title, and interest in and to (i). licenses, permits, certificates of occupancy, or similar documents relating to the Real Property; (i) all permits, approvals, licenses, water and sewer capacity commitments, all engineering and architectural plans; and (iri)a all plans, drawings, specifications, surveys, engineering reports, and other technical descriptions oft the Real Property (collectively, "Licenses and Permits"). Purchase and Sale Agreement Page 4 4595222 D. Minerals Excluded. The Property, however, shall exclude any right, title, or interest ofSelleri in and to all oil, gas, and other minerals pertaining tot the Real Property, and Seller will reserve and except from the conveyance of the Property at Closing all oil, gas and other minerals in, on, under and that may be produced by the Real Property; provided, that Seller will provide a surface waiver: in the Deed delivered at Closing. Section 2.2 Legal Description The legal description of the Land set forth in the final Survey that has been approved in writing by Purchaser and Seller and certified to the Purchaser and Title Company shall be substituted for Exhibit "A" to the extent there is any change as the description oft the Property to be conveyed hereunder and shall become part oft this Agreement. ARTICLE3 PURCHASE PRICE Purchaser agrees to purchase the Property at the Purchase Price and upon the terms set forth herein. AtClosing, Purchaser shall deliver to Seller the Purchase Price in cash or other immediate funds. ARTICLE4 EARNEST MONEY On or before the Earnest Money Delivery Date, Purchaser shall deposit the Earnest Money in the form of a check or wire transfer with the Title Company in its capacity as escrow agent, to be held in escrow pursuant to the terms of this Agreement. If Purchaser fails to timely deposit the Earnest Money, Seller may terminate this Agreement at any time before Purchaser deposits the Earnest Money with the' Title Company, and upon such election, this Agreement shall terminate. Purchaser agrees that One Thousand and No/100 Dollars ($1,000.00) of the Earnest Money is given as consideration for this Agreement (the Independent Consideration"), which Independent Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to Purchaser in the event the Earnest Money is otherwise returned to thel Purchaser pursuant to the terms of this Agreement. The Earnest Money shall be credited to the Purchase Price at Closing. ARTICLE5 DUE DILIGENCE AND CONTINGENCIES Section 5.1 Survey and Title Review A. Survey. On or before the Survey Delivery Date, Seller shall deliver to Purchaser Seller's newest existing survey ofthe Property,ifany (the Survey".lfrequested by Purchaser or Purchaser's lender, Purchaser, at its sole cost, shall obtain ai new Survey or cause the Survey to be updated in conformity with such standards as are required by the Title Company as a condition to the removal of the survey exception from the Title Commitment, and certified to Purchaser, the Title Company and such other parties as Purchaser shall designate. Purchase and Sale Agreement Page 5 4595222 B. Title Commitment. On orl before the Title Commitment Delivery Date, Sellers shall deliver or cause to be delivered to Purchaser (i) a title commitment (the "Title Commitment") covering the Property binding the Title Company toi issue a Texas Owner Policy ofTitle Insurance (the "Title Policy") on the standard form prescribed by the Texas State Board of] Insurance at the Closing, in the full amount of the Purchase Price, insuring Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the Permitted Exceptions as defined below, and (ii) the following documents (collectively, the Title Documents):()true: and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Title Commitment, and (2) a current tax certificate. C. Special Assessment Districts. Ifthe Property is situated within al utility district or flood control district subject to the provisions of Section 50.301, Texas Water Code, then Seller shall give to Purchaser as part of the Title Documents the required written notice and Purchaser agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax rate, the current bonded indebtedness and the authorized indebtedness of the district, and must comply with all other applicable requirements oft the Texas Water Code. Ifthel Property is subject to mandatory membership in a property owner's association, Seller shall notify Purchaser of the current annual budget of the property owners" association, and the current authorized fees, dues and/or assessments relating to the Property. D. Review and Cure Period. During the Review Period, Purchaser shall have the opportunity to review the Survey, the Title Commitment, and the Title Documents. IfPurchaser has any objections to the Survey, Title Commitment or Title Documents, Purchaser may deliver such objections to Seller in writing within the Review Period (collectively, "Objections"). Purchaser's failure to provide Objections to Seller prior to the expiration of the Review Period shall be a waiver of] Purchaser's1 right to object, and any item to which Purchaser does not include in its Objections on or before to the expiration of the Review Period shall deemed a "Permitted Exception." Items that the Title Company identifies as to be released at Closing will be deemed Objections by Purchaser and shall not be) Permitted Exceptions. IfPurchaser provides Seller with any Objections, Seller may, but isi not obligated to attempt to: satisfy the Objections within the Cure Period. Zoning ordinances and the lien for current taxes are deemed to be Permitted Exceptions. E. Failure or Refusal to Cure. If Seller cannot satisfy or chooses not to satisfy Purchaser's Objections within the Cure Period, then Purchaser may terminate this Agreement by delivering a written notice to Seller within the Title Termination Period. If Purchaser terminates this Agreement, the Earnest Money shall be immediately returned to Purchaser and thereafter neither party shall have any rights or obligations under this Agreement (except for those which may expressly survive the termination of this Agreement). If Purchaser does not terminate this Agreement, then Purchaser shall be deemed to have waived any uncured Objections, except for those Objections Seller has agreed to cure, and must accept such title as Sellerisa able to convey as of Closing, subject to the other terms and provisions of this Agreement. Notwithstanding the foregoing, at or prior to Closing, Seller shall discharge or cause to be discharged all: (i) matters set forth on Schedule C of the Title Commitment; (ii) exceptions to title created after the Effective Date without the written consent of Purchaser; and (i)judgments, liens and mortgages affecting the Property, and same shall not constitute Permitted Exceptions. Section 5.2 Due Diligence Purchase and Sale Agreement Page 6 4595222 On or prior to thel Due. Diligence Delivery Date, Seller shall deliver to Purchaser copies ofall engineering investigations, soils reports, feasibility reports, tests, environmental studies, license agreements, lease agreements, management agreements, and other information related to the Property in Seller's possession. Notwithstanding Seller's delivery oft the above described studies, tests and otherdue diligence ematerial, I ifany, Purchaserachnowledges that any information ofany type which Purchaser has received or may receive from Seller, ori its agents, is furnished to Purchaser as a courtesy only and on the express condition that Purchaser shall make an independent verification of the accuracy of such information, and that: all such information is being furnished without any representation or warranty by Seller as to thet truth, accuracy, or completeness ofsuch information; provided, however, that Seller confirms that Seller has no current actual knowledge ofa any material inaccuracies or errors in: any such due diligence materials. Further, as a condition to Seller's delivery of any due diligence materials to Purchaser, Purchaser expressly acknowledges the foregoing in its acceptance of such due diligence items from Seller, and agrees to waive any and all claims against Seller for any cause of action arising from Purchaser's reliance on such Seller Ifthis Agreement fails to close for any reason, Purchaser shall deliver to Seller any and all engineering investigations, soils reports, feasibility reports, tests, environmental studies, and other information and/or reports either (a) provided by Seller to Purchaser or (b) obtained by Purchaser from anyone in conjunction with Purchaser exercising its due diligence furnished due diligence materials. regarding this purchase. Section 5.3 Inspection Period A. Purchaser's Right to Inspect the Property. Prior to the expiration of the Inspection Period, Purchaser shall have the right to inspect the Property and determine ifthe same is suitable for Purchaser's intended use. If. Purchaser notifies Seller in writing on or before 11:59 p.m. on the last day of the Inspection Period that Purchaser disapproves or is dissatisfied in any way with the Property, such determination to be made in] Purchaser's sole and absolute discretion, then this Agreement shall terminate and the Earnest Money heretofore delivered by Purchaser to Title Company shall be returned to Purchaser; provided, however, the Independent Consideration shall not be returned to Purchaser. IfPurchaser fails to SO notify Seller in writing prior to the expiration of the Inspection Period of Purchaser's election to terminate this Agreement, this Agreement shall continue in full force and effect. Seller hereby grants to Purchaser during the Inspection Period the right to enter upon the Property and conduct such tests as Purchaser deems necessary. B. Indemnification for Inspection. Purchaser shall indemnify, defend, and hold harmless Seller from all claims, actions or causes of action which might occur by virtue of the entry upon or testing of the Property and provided further that in the event Purchaser does not return the Property to its condition prior to Purchaser's activities, Purchaser shall be responsible fora all damages occasioned to the Property arising out of the entry upon or testing oft the Property, and this indemnity and covenant will survive the Closing or termination oft this Agreement for a period oftwelve (12) months. Notwithstanding the foregoing or anything contained herein to the contrary, Purchaser shall have no obligation to indemnify Seller for any claim, action or cause of action which is caused, in whole or in part, by Seller's grossly negligent act or omission or to the Purchase and Sale Agreement Page7 4595222 extent caused by the willful misconduct of Seller, nor shall Purchaser be required to indemnify Seller with respect to Purchaser's discovery or disturbance of any preexisting matter on or with respect to the Property existing prior to entry on the Property by Purchaser or Purchaser's agents, independent contractors, servants, or employees, including, but not limited to, any hazardous Section 5.4 Permitted Exceptions. The current zoning, any lien for current taxes, any exceptions to title to which no objection has been made by Purchaser and any matter set forth on the Title Commitment or Survey shall be de4emed to be Permitted Exceptions. In no case shall any lien created or assumed by Seller which is noted on Schedule C oft the Title Commitment be deemed a Permitted Exception with respect to the Property and, notwithstanding anything stated in this Agreement to the contrary, shall be cured prior to Closing. Notwithstanding anything to the contrary herein, as a condition of Closing, Seller must resolve at Seller's sole cost the items that are listed on Schedule Cofthe Title Commitment which relate to Seller's.corporate existence or authority, remove all liquidated liens created or assumed by Seller, remove all exceptions that arise by, through, or under Seller after the Effective Date which are not permitted pursuant to the provisions of this Agreement, and use due diligence to cure the Title Objections that Seller has material or dangerous condition. agreed to cure by written notice by Purchaser. ARTICLE6 REPRESENTATIONS AND WARRANTIES Section 6.1 Seller's Representation and Warranties Seller represents and warrants to Purchaser as of the Effective Date and as of the Closing as follows: A. Title. Seller has the right to convey and will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, unrecorded easements, security interests and other encumbrances except only to the Permitted Exceptions. B. Licenses. There are no parties in possession of any portion of the Property as licensees, tenants at sufferance or trespassers except forthose disclosed, and delivered to Purchaser as part oft the due diligence materials. C. Negative Covenants. Seller shall not further encumber any of the Property or allow an encumbrance upon the title to any of the Property without the written consent of Purchaser. D. Liens and Debts. There are no mechanic's liens, Uniform Commercial Code liens, or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the Property prior to Closing, which will not be satisfied out oft the Closing proceeds. All obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, ifany, including, but not limited to, taxes, leasing commissions, salaries, and similar agreements, have been paid or will be paid prior to Closing. Except for obligations for which Purchase and Sale. Agreement Page8 4595222 provisions are made in this Agreement for prorating at Closing, there will be no obligations of Seller with respect to the Property outstanding as of Closing. E. Litigation. To Seller's knowledge, there is no pending or threatened litigation, condemnation, or assessment affecting any oft the Property. Seller shall promptly advise Purchaser ofany litigation, condemnation or assessment affecting any of Property which is threatened or instituted after the Effective Date. F. Operation of the Property. From the Effective Date through the Closing Date, Seller shall maintain the Property in the same condition and in the same manner as existed on the Effective Date, except for ordinary wear and tear and any casualty loss. G. Patriot Act. To the extent applicable to Seller, Seller has complied in all material respects with the International Money Laundering Abatement and Anti-Terrorist Financing Actof 2001, which comprises Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of2 2001 (the "Patriot Act") and thei regulations promulgated thereunder, and the rules and regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), to the extent such laws are applicable to Seller. To the best of Seller's knowledge, Seller is not included on the List of Specially Designated Nationals and Blocked Persons maintained by the OFAC, ori isai resident in, oro organized or chartered under the laws of, (i) a jurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special measures due to money laundering concerns or (ii) any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering, ofwhich the United States is aj member and with which designation the United States representative to the group or organization continues to concur. H. Organization and Authority. Seller is an independent school district validly existing under the laws of the State of'Texas. The execution and delivery of this Agreement by those executing this Agreement on Seller's behalfand Seller's performance ofthis Agreement has been duly authorized by Seller, and this Agreement is binding on Seller and enforceable against Seller in accordance with its terms. The execution of this Agreement and the consummation of the transaction contemplated herein will not violate any restriction, court order or agreement to which Seller or the Property is subject. I. No Prohibitions. Seller is not. prohibited from () executing or delivering this Agreement; (ii) complying with the terms of this Agreement or (iii) to Seller's knowledge consummating the transactions contemplated by this Agreement by any applicable governmental requirement, agreement, instrument, restriction, or by a judgment, order or decree of any governmental authority havingjurisdiction over Seller or the Property. J. No Material Defects. To the best of Seller's knowledge, there are no material K. Compliance with Laws. To the best of Seller's current actual knowledge, neither the Property, nor Seller are currently subject to (i) any existing, pending or threatened investigation or inquiry by any governmental authority or (ii) any remedial obligations, under any applicable defects in the Property. Purchase and Sale Agreement Page 9 4595222 law, statute, ordinance, rule, regulation, order or determination of any governmental authority or any board of firei underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction or zoning ordinance or classificationafleting the Property, including, without limitation, all applicable building codes, fire codes, health codes, water codes, flood disaster laws and health and Environmental Laws and regulations (hereinafter sometimes collectively called the Applicable Laws"). Seller has received no notice from any municipal, state, federal or other governmental authority of any violation of any Applicable Laws issued in respect oft the Property which has not been heretofore corrected, and no such violation exists. L. "AS IS". EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIESORREPRESENTATIONS ASTOMATTERSOFTITLEOTIERTHAN SELLER'S WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, ABSENCE OF LATENT DEFECTS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PURCHASER AGREES THAT WITH RESPECT TO THE PROPERTY, PURCHASER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY,ANYREPRESENTATION OR WARRANTYOF SELLER ORSELLER'S REPRESENTATIVES. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING,BUTNOTLIITEDTO,LATENTDEFECISAND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASERSINSPECTIONSANDINVESTIGATIONS. EXCEPTAS EXPRESSLY PROVIDED HEREIN, PURCHASER AGREES TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OFTHEI PROPERTY ANDTHE EXISTENCE ORNONEXISTENCE OF,OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS", WITH ALL FAULIS AND THERE ARE NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD PARTY. FURTHER, PURCHASER HEREBY ACKNOWLEDGES TO SELLER THAT PURCHASER AND SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING AND SHALL NOT BE MERGED THEREIN. Purchase and Sale Agreement Page 10 4595222 Section 6.2 Purchaser's Representations and Warranties Purchaser represents and warrants to Seller as of the Effective Date and as oft the Closing as follows: A. Organization and Authority. Purchaser is a Type B economic development corporation validly created and existing under the laws oft the State of'Texas. The execution and delivery of this Agreement by those executing this Agreement on Purchaser's behalf and Purchaser's performance of this Agreement has been duly authorized by Purchaser, and this Agreement is binding on Purchaser and enforceable against Purchaserina accordance with its terms. The execution of this Agreement and the consummation of the transaction contemplated herein willi not violate any restriction, court order or agreement to which Purchaseris subject. IfPurchaser assigns this Agreement to an allowed third party, such entity shall be duly organized, validly existing and in good standing under the laws oft the State ofTexas and have all the: requisite power and authority to enter into, deliver and perform this Agreement. B. Litigation. To Purchaser's) knowledge, there is no pending or threatened litigation affecting Purchaser that would materially impact the transaction described in this Agreement. Purchaser shall promptly advise Seller of any litigation affecting Purchaser and its ability to consummate the transaction contemplated herein which is threatened or instituted after the Effective Date. C. Patriot Act. To the extent applicable to Purchaser, Purchaser has complied in all material respects with the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, which comprises Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act") and the regulations promulgated thereunder, and the rules and regulations administered by the U.S. Treasury Department's Office of] Foreign Assets Control ("OFAC"),to the extent such laws are applicable to Purchaser. To the best ofPurchaser's knowledge, Purchaser is not included on the List of Specially Designated Nationals and Blocked Persons maintained by the OFAC, ori isa aj resident in, or organized or chartered under thel laws of, ()aj jurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special measures due to money laundering concerns or (i) any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovermmental group or organization, such as the Financial Action Task Force on Money Laundering, ofwhich the United States is a member and with which designation the United States representative to the group or organization continues to concur. D. No Prohibitions. Purchaser is not prohibited from (i) executing or delivering this Agreement; (ii) complying with the terms of this Agreement or (ii) to Purchaser's knowledge consummating the transactions contemplated by this Agreement by any applicable governmental requirement, agreement, instrument, restriction, or by a judgment, order or decree of any governmental authority having. jurisdiction over Purchaser. Section 6.3 Knowledge A. Seller's Knowledge. For purposes of this Agreement and any closing document, whenever the phrase "to Seller's actual knowledge," "to Seller's knowledge, "the knowledge of Purchase and Sale Agreement Page 11 4595222 Seller," or "to the best of Seller's knowledge" or similar words of similar import are used, they shall be deemed to refer to facts within the actual knowledge of Scott Martindale, at the times indicated only, without independent inquiry or investigation, without any actual or implied duty ofinquiry whatsoever and without imputation to suchj person oft thel knowledgeofany other person. The named individuals are acting for and on behalf of Seller and in a capacity as an officer or representative of Seller and is in noi manner expressly or impliedly making any representations or warranties in an individual capacity. Purchaser waives any right to sue or seek any personal judgment or claim against such individuals. B. Purchaser's Knowledge. For purposes of this Agreement and any closing document, whenever the phrase "to Purchaser's actual knowledge," "to Purchaser's knowledge,' "the knowledge of Purchaser," or "to the best of Purchaser's knowledge" or similar words of similar import are used, they shall be deemed to refer to facts within the actual knowledge of Kristofer Atkinson, at the times indicated only, without independent inquiry or investigation, without any actual or implied duty ofinquiry whatsoever and without imputation to such person of the knowledge of any other person. The named individuals are acting for and on behalf of Purchaser and in a capacity as an officer or representative of Purchaser and is in no manner expressly or impliedly making any representations or warranties in an individual capacity. Seller waives any right to sue or seek any personal judgment or claim against such individuals. Section 6.4 Remedies Ifeither party discovers prior to Closing that any of the other party's representations or warranties have been misrepresented or are inaccurate, such discovering party may notify the) party with deficient representations and/orwarranties in writing, and the deficient party may attempt to correct or remedy the misrepresentation or inaccuracy. If the misrepresentation ori inaccuracy is not remedied prior to Closing, upon written notice to the deficient party, the discovering party may: (i) proceed to Closing without waiving any claim for breach of warranty or misrepresentation; (ii) delay Closing until ten (10) days after the misrepresentation or maccuracy is remedied; or (iri) exercise any remedies available for default by the deficient party under this Agreement. Section 6.5 Non-Conformance Purchaser has or will independently investigate and verify to Purchaser's satisfaction the extent of any limitations or permitted uses of the Property. Purchaser acknowledges that the current use of the Property or: any improvements located on the Property (or both) may not conform to applicable Federal, State or municipal laws, ordinances, codes or regulations, zoning, permitted uses, height limitations, setback requirements, minimum parking requirements, limitations on coverage of improvements to total area of land, requirements of the Americans with Disabilities Act, wetlands restrictions and other matters. Purchaser isi not relying upon any warranties or representations of Seller concerning the permitted uses oft the Property or with respect to any nonconformance ofthe. Property. ARTICLE7 CLOSING Section 7.1 Closing Date Purchase and Sale Agreement Page 12 4595222 The Closing shall occur on, orbefore as may be mutually agreed by thej parties, the Closing Date. Seller shall deliver possession oft the Property at Closing. Section 7.2 Seller's Closing Documents At the Closing, Seller shall deliver the following to Purchaser: A. A duly executed Special Warranty Deed (the Deed"), in the form attached hereto as Exhibit "B", conveying indefeasible fee simple title to the Property to Purchaser, subject only tot the Permitted Exceptions; B. The Title Policy issued by the underwriter for the Title Company pursuant to the Title Commitment, subject only to the Permitted Exceptions, in the full amount oft the Purchase Price, dated as ofthe date ofClosing, and with the survey exception deleted except as to "shortages ina area," C. Al FIRPTA certificate, duly executed and acknowledged by Seller; D. Evidence ofs Seller's authority and capacity to close this transaction; E. All other documents reasonably required by the Title Company from Seller to close this transaction; and F. Possession ofthe Property, free of parties inj possession. Section 7.3 Purchaser's Closing Documents At the Closing, Purchaser shall deliver the following to Seller: A. The Purchase Price; B. Evidence of Purchaser's authority and capacity to close this transaction; and C. All other documents reasonably required by the Title Company from Purchaser to close this transaction. Section 7.4 Closing Costs Section 1.2 above. Each party shall pay its respective costs associated with the Closing in accordance with Section 7.5 Ad Valorem Taxes Seller does not pay taxes or assessments applicable to the Property. Subsect to the terms of the' Temporary License, Purchaser shall be responsible for any ad valorem taxes applicable to the Property accruing on or after the Closing Date. Seller shall not be responsible for: any ad valorem taxes or assessments applicable to the Property under any circumstances, except as set forth in the' Temporary License. This provision shall survive the Closing. Purchase and Sale Agreement Page 13 4595222 Section 7.6 Rollback Taxes Ifa change in use of the Property after Closing or denial of a special use valuation on the Property claimed by Seller with respect to the period prior to Closing results or may result in the assessment after the Closing of additional taxes for periods prior to Closing, the additional taxes plus any penalties and interest shall be paid by Purchaser when due. This obligation shall survive the Closing. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If fort the current ad valorem tax yeart the taxable value ofthe land that ist the subjectofthis. Agreement is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use ofthe land. The taxable value ofthe land and the applicable method ofappraisal is public information and may be obtained from thei tax appraisal district established for the county in which the land is located. ARTICLE8 CASUALTYLOSS: CONDEMINATION. Section 8.1 Casualty Loss All risk of loss to the Property shall remain upon Seller prior to the Closing. If, prior to the Closing, any material portion of the Property is damaged or destroyed by fire or other casualty, Seller shall promptly provide written notice thereof to Purchaser, and Purchaser may either terminate this Agreement by delivering a written termination notice to Seller or elect to close. Ifthe transaction is to proceed to Closing, there shall be no reduction in the Purchase Price, but Seller shall assign to Purchaser all of Seller's right and interest in any insurance proceeds plus an amount equal to any insurance deductible. Section 8.2 Condemnation If, prior to the Closing, any portion of the Property is subject to a condemnation or taking or the threat of a condemnation or taking, Seller shall promptly provide written notice thereof to Purchaser, and Purchaser may either terminate this Agreement by delivering a written termination notice to Seller or elect to close. Purchaser shall have the sole right to negotiate with any entity condemning or taking or threatening to condemn or take any portion oft the Property, and Seller shall not execute any agreement or deed or take any other action with regard to any such condemnation or taking or threat of condemnation or taking without Purchaser's prior written consent. Ift the transaction is to proceed to Closing, there shall be no reduction in the Purchase Price, but Seller shall assign to Purchaser all of Seller's right and interest in any condemnation awards. Purchase and Sale Agreement Page 14 4595222 ARTICLE9 DEFAULT Section 9.1 Purchaser's Remedies Ifs Seller fails to perform its obligations under this Agreement for any reason except Purchaser's default, which continues for more than ten (10) days following delivery of written notice of such default from Purchaser to Seller, then Seller shall be in default and Purchaser may elect to () terminate this Agreement and receive the Earnest Money, or (ii) pursue the remedy of specific performance, as it sole and exclusive remedies. Section 9.2 Seller's Remedies If Purchaser fails to perform its obligations under this Agreement for any reason except Seller'sd default, which continues for more than ten (10) days following delivery of written notice of such default from Seller to Purchaser, then Purchaser shall be in default, and Seller may terminate this Agreement and receive the Earnest Money. ARTICLE 10 REAL ESTATE COMMISSIONS Each party hereto represents to the other that it has not authorized any other broker or finder to act on its behalfin connection with the sale and purchase transaction contemplated hereby and that it has not dealt with any broker or finder purporting to act for any other party. To the extent allowed by applicable law, each party hereto indemnifies and agrees to defend and hold harmless the other party from and against any and all liabilities, costs, damages and expenses of any kind or character arising from any claims for brokerage or finder's fees, commissions or other similar fees in connection with the transactions covered by this Agreement insofar as such claims shall be based upon alleged arrangements or agreements made by such party or on its behalf, which indemnity shall expressly survivea any termination or Closing of this Agreement. The Texas Real Estate License Act requires written notice to Purchaser that Purchaser should have an attorney examine an abstract of title to thel Property or else obtain a title insurance policy. Notice to that effect is, therefore, hereby given to Purchaser. The indemnification set forth in this Section survives Closing. ARTICLE11 MISCELLANEOUS PROVISIONS Section 11.1 Notices All notices and other communications: required or permitted under this Agreement must be in writing and shall be deemed delivered on the earlier of: () actual receipt, if delivered in person or by messenger with evidence of delivery; (ii) the date and time of transmission if delivered by email; or (ii) three (3) business days after deposit in the United States Mail as required below. Notices delivered by mail must be deposited with the U.S. Postal Service and sent by certified mail return receipt requested with postage prepaid, and properly addressed to the intended recipient at the address set forth in Section 1.3 oft this Agreement. Purchase and Sale Agreement Page 15 4595222 Any party may change its address for notice purposes by delivering written notice ofi its new address to all other parties in the manner set forth above. Section 11.2 Forms and Construction This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereofshall be construed in accordancewith their usual and customary meanings. Seller and Purchaser hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same. Section 11.3 Attorney's) Fees The prevailing party in any final, non-appealable legal proceeding brought in relation to this Agreement or transaction shall be entitled to recover from the non-prevailing party court costs, reasonable attorneys' fees and all other reasonable litigation expenses. Section 11.4 Assignment Purchaser may not assign this Agreement without the prior written consent of Seller. Notwithstanding the foregoing, Purchaser may assign its rights under this Agreement to: any affiliated entity which directly or indirectly controls, is controlled by or is under common control with Purchaser without the consent of Seller, on the condition that () Purchaser delivers written notice to Seller prior to such assignment, (i) the assignee expressly assumes all of the obligations of Purchaser hereunder in a written agreement, and (iri) such written agreement is delivered to Seller prior to the Closing Date. This Agreement shall be binding upon and inure to the benefit oft thej parties and their respective successors and assigns. Section 11.5 Integration This Agreement contains the complete agreement between the parties with respect to the Property and cannot bev varied except by written agreementofthe) parties hereto. The parties agree that there are no oral or signed agreements, understandings, representations or warranties made by the parties which are: not expressly set forth herein. Section 11.6 Survival Any warranty, representation, covenant, condition or obligation contained in this Agreement not otherwise consummated at the Closing will survive the Closing of this transaction fora period of one (1)year. Section 11.7 Binding Effect This Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective heirs, legal representatives, successors and assigns. Purchase and Sale Agreement 16 Page 4595222 Section 11.8 Time for Performance Time is of the essence under each provision of this Agreement. If the last day of any time period under this Agreement or any date of performance hereunder falls upon a Saturday, Sunday or recognized holiday, such date will be deemed moved forward to the next day which is) not a Saturday, Sunday or recognized holiday. Section 11.9 Business Day recognized holidays. Section 11.10 Governing Law The term "business day" shall mean days elapsed exclusive of Saturday, Sunday or This Agreement shall be construed under and governed by the laws of the State ofTexas, and unless otherwise provided herein, all obligations of the parties created under this Agreement are to be performed in the county where the Property is located. Section 11.11 Severability Ifany provision of this Agreement is held to bei invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal or unenforceable provision shall not affect any other provisions, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this Agreement. Section 11.12 Counterparts This Agreement may be executed in a number ofi identical counterparts. Each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement. Executed documents transmitted by PDF or electronically shall be considered originals. Section 11.13 Gender; Number Unless the context requires otherwise, all pronouns used in this Agreement shall be construed to include the other genders, whether used in the masculine, feminine or neuter gender. Words in the singular number shall be construed to include the plural, and words in the plural shall be construed to include thes singular. Section 11.14 Further Assurances The parties each agree that at any time, or from time to time, after the execution of this Agreement each party will, upon the request of the other party hereto, execute and deliver such further documents and do such further acts and things as such other party may reasonably request in order to effect fully the purposes ofthis Agreement. Section 11.15 Immunity Itis expressly understood and agreed that, in the execution oft this Agreement, neither party has waived, nor shall be deemed hereby to have waived, any immunity, governmental, Purchase and Sale Agreement Page 17 4595222 sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express ori implied, other than those set forth herein. ARTICLE12 ADDITIONALTERMS Section 12.1 Gunter Independent School District Board Approval The parties hereto understand and agree that this Agreement is expressly conditioned on the ratification and approval by Seller's Board of Trustees of this Agreement and this transaction. Ifnot provided prior to execution of this Agreement, Seller shall obtain such ratification and approval from its Board of Trustees within thirty (30) days after the Effective Date of this Agreement. Failure of this condition shall terminate this Agreement and this Agreement shall be null and void and shall be of no further force or effect, and all Earnest Money including the Independent Consideration shall be immediately returned to Purchaser. Section 12.2 Gunter Economic Development Corporation Board Approval The parties hereto understand and agree that this Agreement is expressly conditioned on the ratification and approval by Purchaser's Board of Directors of this Agreement and this transaction. Ifnot provided prior to execution of this Agreement, Purchaser shall obtain such ratification and approval from its Board of Directors within thirty (30) days after the Effective Date of this Agreement. Failure of this condition shall terminate this Agreement and this Agreement shall be null and void and shall be of no further force or effect, and all Earnest Money including the Independent Consideration shall be immediately returned to Purchaser. SIGNATURES APPEAR ON THE FOLLOWING PAGES] Purchase and Sale Agreement Page 18 4595222 EXECUTED on the dates stated below, but to be EFFECTIVE on the. Effective Date defined herein. SELLER: Date: GUNTER INDEPENDENT SCHOOL DISTRICT By: Name: Title: PURCHASER: CORPORATION By: Date: GUNTER ECONOMIC DEVELOPMENT Kristofer. Atkinson, President Purchase and Sale. Agreement Page 19 4595222 TITLECOMPANYANYACCEPTANCE The Title Company acknowledges receipt of the executed Agreement on Company under the foregoing Agreement in accordance with the terms and conditions set 2024, at (a.m./p.m.) and agrees to act as the Title forth in this Agreement. TITLE COMPANY: By: Name: Title: Attn: Phone: Email: Purchase and Sale Agreement Page 20 4595222 EXHIBIT"A" LEGALI DESCRIPTION A certain 1.00 acre parcel ofreal property located ini the City of Gunter, Grayson County, Texas. Legal Acreage Owner Name Parcel ID GUNTERISD 151917 Geo ID Legal Description OTP GUNTER, BLOCK38, G002 5850090 LOT1 13THRU 18, 300X145 1.00 Purchase and Sale. Agreement Page 21 4595222 EXHIBIT "A-1" DEPICTION OF THELAND Purchase and Sale Agreement Page 22 4595222 EXHIBIT "B" FORM OF SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR. ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENTTHATHATTRANSFERS ANI INTEREST INI REAL PROPERTY BEFOREIT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF GRAYSON $ 8 KNOW ALL PERSONS BY THESE PRESENTS: THAT, GUNTER INDEPENDENT SCHOOL DISTRICT ("Grantor") for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration in hand paid by Gunter Economic Development Corporation ("Grantee"), the receipt and sufficiency of which is hereby acknowledged; has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee that certain real property located in Grayson County, Texas, and being more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference for all purposes, together with all and singular the improvements, buildings, structures and fixtures located thereon or attached thereto (the Property"). Notwithstanding the foregoing, however, Grantor hereby reserves and excepts herefrom all oil, gas and other minerals in, on, under and that may be produced by the Property; provided, that Grantor hereby expressly releases and waives, on behalf ofi itself and its successors and assigns (and agrees that all future leases of or conveyances of any part oft the oil, gas and other minerals reserved herein by Grantor shall be subject to and burdened by the following waiver ofi rights and automatically be deemed to include a contractual waiver by the lessee or grantee, as applicable), all: rights ofi ingress and egress to enter upon the surface ofthe Property for purposes of exploring for, developing, drilling, producing, transporting, mining, treating, storing or any other purposes incident to the development or production of the oil, gas and other minerals reserved to Grantor (or owned or held by any other persons) as described hereinabove in, on, and under the Property. The foregoing provision shall be a covenant running with the Property binding upon any party owing any interest in, or rights to develop, the oil, gas and other minerals herein reserved by Grantor. However, nothing herein contained shall ever be construed to prevent Grantor, its successors and assigns from developing or producing the oil, gas, and other minerals reserved to Grantor as described hereinabove in, on, and under the Property by pooling, by directional drilling under the Property from well sites located on tracts other than the Property, or otherwise sO long as Grantor avoids physically entering upon the surface, injuring the subjacent support, or interfering with Grantee's use of the Property. The provisions hereof shall be binding upon and inure to the benefit of Grantor and Grantee and their respective successors and assigns. This conveyance is made and accepted subject to all those certain easements, covenants, restrictions and other matters more particularly described in Exhibit "B" attached hereto and Purchase and Sale Agreement Page 23 4595222 incorporated herein by this reference for all purposes, to the extent that same are valid and subsisting and affect the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular the title to the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject only, however, to the Permitted Exceptions. EXCEPT AS EXPRESSLY PROVIDED HEREIN ORI INTHAT CERTAIN PURCHASE GRANTEE (THE "PURCHASE. AGREEMENT.ITIS UNDERSTOOD: AND AGREEDTHAT GRANTOR IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH IN THE PURCHASE AGREEMENT OR HEREIN), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, ABSENCE OF LATENT DEFECTS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR. ANY OTHER MATTER OR THING RELATINGTOOR, AFFECTING THE PROPERTY. EXCEPT AS EXPRESSLY PROVIDED IN THE PURCHASE AGREEMENT OR HEREIN, GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY, GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANIOR OR GRANTOR'S REPRESENTATIVES. GRANTEE WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON RECEIPT OF THIS DEED, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUTNOT LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAYNOT! HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS, AND INVESTIGATIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRANTEE AGREES TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES GRANTEE DEEMS NECESSARYTOSATISPYIISEL ASTOTHE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. ACKNOWLEDGES AND AGREES THAT UPON RECEIPT OF THIS DEED, GRANTEE SHALL ACCEPT THE PROPERTY"AS IS, WHERE. IS", WITH ALL FAULTS AND THERE ARE NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR OR ANY THIRD PARTY. FURTHER, GRANTEE HEREBY ACKNOWLEDGES TO GRANTOR THAT GRANTEE, AND GRANTOR ARE NOTI IN A SIGNIFICANTLYDISPARATE BARGAINING AND SALE. AGREEMENT, DATED. BY AND. BETWEEN GRANTORAND GRANTEE POSITION. [Signature pagefollows] Purchase and Sale Agreement Page 24 4595222 Purchase and Sale Agreement Page 25 4595222 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed to be effective as oft the day of 202 GRANTOR: a By: Name: Title: STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public, on1 this day personally appeared of a day of on its behalf. 202 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Notary Public in and for the State ofTexas My Commission Expires: After Recording Return to: Purchase and Sale Agreement 26 Page 4595222 EXHIBIT A [To Be Attached] Legal Description oft the Property Purchase and Sale Agreement 27 Page 4595222 EXHIBIT B The Permitted Exceptions [To Be Attached] 489-3407-2584,V.1 Purchase and Sale Agreement 28 Page 4595222 TY o GUNGAERI EST.1901 CITY COUNCIL MEETING January 16, 2025 6:001 PM AGENDA ITEM #8 Discuss, consider, and act upon Senate Bill 2038 petition for release from the Extraterritorial Jurisdiction (ETJ) for 26.87 acres, located at 1394 Pikel Road, and received from Gunter Sports Center, LLC, by Shyam Tummala, on. December 31, 2024. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": INANCIALIMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments RECEIVED DEC312M24 December 31, 2024 VIA CERTIFIED MAIL to P.O.Box 349, Gunter, TX75058 with RRR: 9589 07f0 5270 1305 8171 4 VIA EMAIL: citysecretary@cl.gunter.D.US 105 N Fourth St, Gunter, TX 75058 City Secretary, Re: Request for Release from Extraterritorial Jurisdiction (ETJ)-1 1394 Pike Rd Dear Ms Gaines: lam writing toi formally request the release of my property from the City of Gunter's Extraterritorial Jurisdiction (ETJ). The property in question is located at 1394 Pike Rd, Gunter, TX 75058 and is legally described as Al HARTFIELD SUR Survey: 490. Acres: 26.87. Full Legal description of the property along with the survey is attached. Reasons for requesting this release: 1. The property is located on the outskirts of Gunter's ETJ 2. The property would be better served under county jurisdiction 3. The current ETJ status creates additional regulatory requirements that impact our property development plans for our sports center The release of this property from Gunter's ETJwould: Allow for more efficient development of our outdoor sports center Better align with the property's current use and future plans Reduce administrative complexity lunderstand this request requires council consideration and am happy to provide any additional information needed to process this request. Sincerely, Shyam Tummala Managing Partner Address: Gunter Sports Center LLC, % Shyam Tummala 13031 Macbeth Ave Frisco, TX Cell: E-mail: guntersporscenter@gmal.com Enclosures: Sdee 121312034 12:30Pm Dalte a bisth : Property Survey and Legal Description - MACKEY ROAD 'Rem.- TractNo.2 -5334Ag." J.P.Norman, etux 5o AlonJayNorman Val.1 1343,Pg.488 3 0 May7,1976 S89*4932"E 1390.63' X 0 Survey. BOAc." DorotiyMayledtick RoyMatinHedick 1887, Jan. E > & 39.7874Ac." Bobby. JackNorman JamesB.Cannaday Vol. 3053,Pg.211 March27,2001 NORTH 12RebarSet @250s Scale:1"-300 26.87A Acres Detail wo aN Detail N eta/BHg 1394.80 N89-4932*W Lakesn Ranch OffPreston Hidden) Section Three, $6111,952 "TractNo. One- 88A." CoraB Bombarger Vol. DonW.Taylor 1030, Pg.589 May5,1 1965 OreheadBlec Servicelins, 212'PpeCar.Pst e26'0s 12'RebarFnd. N BearingB Base: Centerline PikeRd. -Eatlime39.1874AC7 Tract Vol.3 3053,P8.211 SARTIN ASSOCIATES, INC. Registered Professional Land Surveyors P.0. Box 1843 - 109 S. Travis - Sherman, Texas 75091-1843 phone (903)892-8003 - fax (903)868-2970 SURVEY FOR: PHILIP ALLEN RICH & ANGELIA MARIE RICH I, Marshall Sartin, Registered Professional Land Surveyor, hereby certify that a survey of the property shown hereon was made on the ground on the 14 th day of: Octoberi 2002 That the improvements located on said property are. known as substantially complies with the current Minimum Standards for Professional Land Surveyors as adopted by the Texas Board of of the following described property: 1394 PIKE ROAD, GUNTER, TEXAS Professional Land Surveying. The improvements shown hereon "were located on the. ground on the 24 th day of April, 2003 from a survey of on the 14 th day of October, 2002. Cun Rid 5-03 (LEGAL DESCRIPTION ATTACHED) and that this survey ST AT RPJ A the 26.87 2k arshall Sartin A acre tract made on the ground R.P.L.S. 3694 MARSHALL SARTIN 3694 SSIO SURVE Pulp, CmpimRA 1394PIKEncs SARTIN & ASSOCIATES, INC. Registered Professional Land Surveyors phone (903)892-8003 fax (903)868-2970 P.O. Box 1843 - 109 S. Travis - Sherman, Texas 75091-1843 SITUATED in the County of Grayson, State of Texas, being a part of the ASA HARTFIELD SURVEY, Abstract No. 490, part of a called 53-3/4 acre tract of land described in being Tract a No. 2 in deed from J. P. Norman, et.ux to Alton Jay Norman, dated May 7, 1976, recorded in Volume 1343, Page 488, Deed Records, Grayson County, Texas and being more described by metes and bounds as follows to-wit: particularly BEGINNING at a found 1/2 inch rebar Southwest corner of said 53-3/4 acre tract, maintaining the Northwest corner of. Hidden Lakes Ranch Off Preston, Section Three Addition to Grayson County, Texas as shown by plat of record in Volume 11, Page 52, Plat Records, Grayson County, Texas, on the most Easterly East line of an 88 acre tract of Iand described in Tract No. One in deed from Cora Bombarger to Don W. recorded in Volume 1030, Page 589, Deed Records, Taylor, Grayson County, Texas and in the center of a public road known as Pike THENCE North 00 deg. 13 min. 31 sec. East, with the center of said Pike Road, the West line of said 53-3/4 acre tract, the most Easterly East line of said 88 acre tracti passing its most Basterly Northeast corner, the Southeast corner of a 39.7874 acre tract of land conveyed by Bobby Jack Norman to James B. Cannaday by. deed dated March. 27, 2001, recorded in Volume 3053, Page 211, Official Public Records, Grayson County, Texas and continuing with the East line of said 39.7874 acre tract for a total distance of 840.54 feet to a set spike nail; THENCE South 89 deg. 49 min. 32 sec. East, at a distance of 25 feet passing a set 1/2 inch rebar on the East side of said Pike Road and continuing for a total distance of 1390.63 feet to a set 1/2 inch rebar on the East line of said 53-3/4 acre tract, the most Easterly East line of said Hartfield Survey, a West line of the John Blundell Survey, Abstract No. 490, the West line of an 80 acre tract of land conveyed by Dorothy May Hedrick to. Roy Martin Hedrick, et al by deed dated January 12, 1987, recorded in Volume 1887, Page 222, Real THENCE South 00 deg. 03 min. 33 sec. East, with the general line of a fence, the East line of said 53-3/4 acre tract, the most Easterly East line of said Hartfield Survey: a West line of said Blundell Survey, the West line of said 80 acre tract, a distance of 840.55 feet to a found 1/2 inch rebar at the base of a fence corner post, said rebar maintaining the Southeast corner of said 53-3/4 acre tract, the Southwest corner of said 80 acre tract, on the most Northerly North line of said Hidden Lakes Ranch Off Preston, Section Three Addition; THENCE North 89 deg- 49 min. 32 sec. West, with the general line of a fencei the South line of said 53-3/4 acre tract, the most Northerly North line of said Hidden Lakes Ranch Off Preston, Section Three Addition, at a distance of 1368.80 feet passing a pipe corner post on the East side of said Pike Road and continuing for a total distance of 1394.80 feet to the PLACE OF BEGINNING and containing 26.87 ACRES OF LAND more or I, Marshall Sartin, Registered Professional Land Surveyor, hereby certify that a survey of the property legally described 2002 and that this survey substantially complies withpe current Minimum Standards for Professional Land Surveygffs OF TEL adopted by the Texas Board of Professional Land Suryéyingf the Road; Property Records, Grayson County, Texas; less.. hereon was made on the ground on the 14 th day of October, ER s MARSHALL SARTI 3694 MAK Marshall Sari R.P.L.S. 36p CITY COUNCIL MEETING January 16, 2025 6:001 PM GUNGERI EST.1901 AGENDA ITEM #9 Discuss, consider, and act upon accepting Letter of Resignation from Nat McClure, EDC Place 3. AGENDA ITEMS SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTIONP: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments Detra Gaines From: Sent: To: Cc: Subject: Nat McClure natmcctureny3k@statelarm.com> Friday, December 20, 202412:48PM Karen Souther Detra Gaines EDC Board Resignation Effective December 31st, 2024 Karen Souther, Mayor City Council EDC Board City of Gunter As we discussed several months ago, my service on the board would likely be short due to my family's planned move to Lake Texoma. With that move coming closer to reality along with the 2025 change from EDCtoa Municipal Development District and the recent appointment of great board members, iti is an appropriate time for Thank you for allowing me to serve on the Gunter EDC board. Ith has been a pleasure working withi thel EDC teamas me to resign. they work together makingimprovements fori the Gunter community. AlL my best, Nat McClure oF EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00F PM GUNERI AGENDA ITEM #10 COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into A. $551.071: Consultation with the City Attorney on aj matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: executive session (closed meeting) to discuss the following: a. BNSF Litigation b. Employee/Department Reviews AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIALIMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments ON EST.1901 CITY COUNCIL MEETING January 16, 2025 6:00 PM GUNGERI AGENDA ITEM #11 RECONVENE TOOPEN: SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, ifany, on matters discussed in Executive Session. Discuss, and take appropriate action on any Executive Session item. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments