R GUNERI EST.1901 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax: 903-433-8039 AGENDA Gunter City Council Regular Meeting Thursday, January 16, 2025 6:00 p.m. Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given of a Regular Meeting ofthe City Council ofthe City of Gunter, Texas to 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, at which time the following will be discussed and considered: Pursuant to Section 551.127, Texas Government Code, one or more Councimembers 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 location of the meeting. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. A card to speak at a public hearing may be submitted any time before the public hearing is closed. CALL TO ORDER REGULAR CITY COUNCIL MEETING [Mayor will call the meeting to order, establish a quorum ifi present, and declare notice is legally posted pursuant to the Open Meetings Act. During the course of the meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.1 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 of three 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 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 of Minutes from December 19, 2024 Workshop, December 19, 2024 Regular Meeting. B. Consider approval of the Gunter Police Department Activity Report for December 2024. C. Consider approval oft the Gunter Financial Report for December 2024. 2. City Secretary: Introduction of Department Heads and Team Members 3. Firel 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 transition project at the February 6th meeting Staff will seek approval to move forward with the lowest qualified bid for the Fox Bend Trace Road repairs in the Bridges Development Alderman Williams arranged for staff to meet with Precinct 1 Commissioner Josh Marr, to move forward with a 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 Inclement weather response efforts 5. Mayor / Alderman Report: General Notifications, Announcements, 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 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 ofF Resignation from Nat McClure, EDC Place 3. 10. COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: 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 of Texas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF 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, if any, on matters discussed in Executive Session. 11. Discuss, and take appropriate action on any Executive Session item. ADJOURN I, the undersigned authority, do hereby certify that the above 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, a 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 Ifc during the course ofthe meeting covered by this notice, the City Council should determine that a closed or executive: meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation" with attorney as authorized by the Texas Open Meetings Act, Texas Government Code 551.001 et. seq., will bel held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive: meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Codes Section: 551.071 Private consultation" with the City's attorney on any item listed on the agenda or authorized by law. 551.072 For the purpose of discussing the purchase, exchange, lease or value of real property. 551.073 For the purpose ofo considering a negotiated contract for aj prospective gift or donation. 551.074 For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal ofaj public officer or employee or tol hear complaints or charges against aj public officer or employee. 551.076 To consider the deployment, specific occasions for implementation, ofs security personnel or devices. 551.084 For the purpose ofe excluding witnesses during examination of another witness. 551.087 For the purposes of considering economic development negotiations. Persons with disabilities who plan to attend this meeting and who may need assistance should contact Detra Gaines, City Secretary, at (903) 433- 5185 two working days prior to the meeting sO that appropriate arrangements can be made. a CTTY O CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #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 ofMinutes from December 19, 2024 Workshop, December 19, 2024 Regular Meeting. B. Consider approval oft the Gunter Police Department Activity Report for December 2024. C. Consider approval of the Gunter Financial Report for December 2024. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments RL GUNNERI EST. 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax 903-433-8039 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 Members Absent: David Self, Wade Burtsfield Staff Present: Courtney Morris City. Attorney, Detra Gaines City Secretary, Eric Wilhite Director of Planning & Development, Adam Adams Director of Parks & Public Services, Rosa McCorry Assistant To City Secretary, Elder Quinones Patrol Officer Pursuant to Chapter 551 oft the Texas Government Code, notice is hereby given of a City Council Workshop of the City of Gunter, Texas to be held on December 19, 2024, at 6:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Texas, at which time the following will be discussed: CALL TO ORDER [Mayor will call the meeting to order, establish a quorum if present, and declare 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 GUNERI EST.1901 1051 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 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. Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, William Stevens Members Absent: David Self, Wade Burtsfield 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, City Attorney Courtney Morris, Patrol Officer Elder Quinones Pursuant to Chapter 551 ofthe Texas Government Code, notice is hereby given ofa a Regular Meeting oft the City Council of the City of Gunter, Texas to be held on December 19, 2024, at 6:00 p.m., in the Gunter Public Safety Building, located at 105 N. 4th Street, Gunter, Texas, at which time the following will be discussed and considered: 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 location oft the meeting. Welcome to the City Council Meeting, Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. A card to speak at a public hearing may be submitted any time before the public hearing is closed. CALL TO 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 ofthe audience wishing to speak must be recognized by 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 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 of Minutes from November 10, 2024 Special Meeting, November 19, 2024 Canvass Election, November 21, 2024 Workshop, November 21 Regular Meeting. B. Consider approval of the Gunter Police Department Activity Report for November 2024. C. Consider approval of the Gunter Financial Report for November 2024. Cyndy Davis made the motion to approve Consent Agenda A - Cas presented. Alan 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-CL. Located in Gunter Town Center Addition, Phase 3, Lots 1 and 2 situated in the county of Grayson, State of Texas, generally located at the Northwest corner of Cedar Street and Hwy 289. Presentation was given by Director of Planning & Development Eric Wilhite. Mayor Karen Souther Opened. Public Hearing. for discussion at 7:07 p.m. 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 to 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 the 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 Deyelopment-Cl, located in Gunter Town Center Addition, Phase3 3, Lots 1 and 2. William Stevens seconded the motion. Motion passed 3-0 6. Discuss, consider, and act upon Amending Plat for Price Estates, Lot 6, Block A totaling 1.630 acres, located on J.C. Maples Road, Gunter, Texas. Cyndy Davis made the motion to approve Amending Plat for Price Estates, Lot 6, Block A totaling 1.630 acres, located on J.C. Maples Road, Gunter, Texas. Alan Richins seconded the motion. Motion passed 3-0 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, Lot 1, Block. A, totaling 10.616 acres, located at 121 E. College Street, Gunter, Texas. Alan Richins seconded the motion. Motion passed 3-0 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 4, 2024. No. Action 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. No. Action 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 to provide Code Enforcement Services for the City. Cyndy Davis made the motion to approve the Agreement with Bob Matthews to provide Code Enforcement Services for the City of Gunter. Alan Richins seconded the motion. Motion passed 3-0 13. Discuss, consider, and act upon an Agreement with All American Dogs to provide Animal Control Services for the City. Cyndy Davis miade the motion to approve the Agreement with. AllAmerican Dogs to provide Animal Control Services for the City of Gunter. William Stevens seconded the motion. Motion passed 3-0 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 City Limits of Gunter. 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 Road. Cyndy Davis seconded the motion. Motion passed 3-0 15. General discussion of Gunter City Ordinance Chapter 25, "Use ofLand and Buildings". General discussion continued regarding City Ordinance Chapter 25, "Use of Land and Buildings", and council tasked Mayor Pro Tem William Stevens, City Attorney Courtney Morris, Director of Planning & Development Eric Wilhite, and Jeannie Anderson. 16. COUNCIL BUSINESS EXECUTIVE SESSION Mayor. Karen Souther Opened Executive Session at 7:51 p.m. Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. S 551.071: Consultation with the City Attorney on a matter in which the duty oft the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of 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. Employee / 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, if any, 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 POLIGE DEPARTMENT MONTHLY REPORT SERVICE 5 EUNTER 5 TEXAS - EST 1901 E POLICE - - CREPILN DI December 2024 Event Activity Analysis by Day Date Reported: 12/01/2024- 12/31/2024 GUNTER POLICE DEPARTMENT 102 NORTH PRESTON ROAD GUNTER, TX 75058 ENVLIE 903-433-1717 Classification Sunday Monday Tuesday Wednesday Thursday Friday Saturday Totals AGENCY ASSIST 1 U 1 C 0 2 ASSIST GUNTER FIRE DEPT. - U 1 0 0 1 Assist Other. Agency 1 1 1 1 1 5 AGENCY ASSIST a 1 1 AGENCY ASSIST 1 AGENCY ASSIST 1 1 3 ASSISTED GCSO 1 1 1 AGENCY ASSIST 1 AGENCY ASSIST ALARM 2 Business Alarm 1 Fire Alarm Residential. Alarm ANIMALF PROBLEM 0 2 DOG/CATRUNNING, ATLARGE 0 Livestock CIVILI PROBLEM U 2 Civil Dispute U Civil Problem a DISTURBANCE D 3 - NOISE COMPLAINT D 1 1 3 1 6 FAMILY DISTURBANCE 0 1 Verbal Argument 0 1 HAZARDOUS SITUATION 1 Gas Leak / Spill 1 HAZARDOUS SITUATION 1 TRAFFICI HAZARD 1 INFORMA TION REPORT INFORMATION REPORT MEDICAL 2 2 Ambulance. Assist 1 1 ASSIST GFD 1 ASSISTOTHER. A GENCY 1 MEET COMPLAINANT 2 INFORMATION 1 2 MENTALSUBJECT 0 1 Hospital Transport 0 1 1 PROCESS SERVICE 0 2 2 Warrant Service . 2 2 PUBLIC PEACE 0 1 3 Disorderly Conduct U 1 DISTURBANCE 0 1 1 2 PUBLIC SERVICE 2 4 Assist Motorist 1 1 1/2 WELFARE CONCERN SUSPICIOUS 2 Suspicious Person Suspicious Vehicle THEFT 1 Larceny, From Yard/Land TRAFFIC ACCIDENT 1 1 Hit/Run, Vehicle Damg Traffic. Accident, Injury 1 Traffic. Accident, Private Prop Damg 2 Traffic. Accident, Vehicle Damage 1 1 3 TRAFFICI PROBLEM 1 5 a 12 Reckless Driver 4 5 11 Traffic, Other 1 a 1 TRESPASSING 0 a 1 1 2 Trespassing, Private Property D . 1 1 0 2 Total Events 9 12 14 10 6 15 6 72 Total Citation Violations: 27 33 47 25 26 23 24 205 Total Citations: 40 44 53 34 33 29 30 263 2/2 CITY OF GUNTER BY GRID SH 289/N. 87H ST. I THE WOODS DOLLAR STORE GUNTER HIGH SCHOOL/MIDDLE SCHOOL SONIC N. WEST N. EAST GUNTER CABINETS CITYH HALL FM121/WEST MAIN FM 121/EAST MAIN ST. GUNTER ELEMENTARY SCHOOL GUNTER CENTER THE BRIDGES S. WEST S. EAST SH 289/S. 8TH ST. NOT TO SCALE EVENT ACTMITYCHART FOR DECEMBER: 2024 2.8% 5.6% 15.3% 30.6% / S.WEST S.EAST - OTHER N.WEST 8.3% N.EAST CNTY 37.5% 1/1 EVENT ACTMVITYCHART FOR DECEMBER 2024 30 27 25 22 20 15 11 10 0 5 2 1/1 Arrest Report Date Reported Range: 12/01/2024 12/31/2024 I City: GUNTER GUNTER POLICE DEPARTMENT 102 NORTH PRESTON ROAD GUNTER, TX 75058 EPLER 3 903-433-1717 Classification Number of Arrests PROCESS SERVICE 2 SUSPICIOUS 1 Total Arrests: 3 1/1 CITATION ACTMITY CHART FOR DECEMBER 2024 NOLICENSE PLATEL LIGHT SPEEDING - DEFECTIVE TAILI LAMPS - DRIMNGONI IMPROVED SHOULDER 0.4% 1.1% - OPERATION OF VEHICLEV WIOUT REGISTRATION INSIGNIA 0.4% - ALTERED OR OBSCUREDLICENSE PLATE 0.4% SPEEDNGINASCHOO ZONE 0.8% NOINSURANCE 0.4% CUTIN/ AFTER PASSING 2.7% VOLATION OF ORDINANCE-ANIMALS ATL LARGE 0.4% CRIMNAL TRESPASS 0.8% IMPEDING" TRAFFIC 1.4% - DEREPRCDNOPKSNGANE POSSESSIONOF ALCOHOLIC BEVERAGE INI MOTOR VEHICLE 4% - RANREDI LIGHT 4% RAN: STOP SIGN 4% - CUTA ACROSSDRMENAYTONNE TURN 4% FALED TOSIGNAL DISTANCE BEFORE TURN 3.4% TURNED RIGHT TOOWDE 0.4% PUBLICI INTOACATION - DEFECTMEHEADLAMPS % 0,4 644 OPERATE! MOTORVEHICLEWAIOUTPLATES 0.8% - DROVE WITHOUTLIGHISWHEN: REQUIRED 2.3% 75.7% MOLATIONOF RONNCELQOMISCNOSE 1-3% % FAILED TODRIVE IN'SINGLE! LANE UNSAFE: SPEED 6849 lo DRIVERLICENSE! REQUIRED (NODL) DEFECTIVE STOPI LAMPS 1/1 CITATION ACTMITY CHART FOR DECEMBER 2024 NOLICENSE! PLATEI LIGHT 3 SPEEDING 199 DEFECTIVE TALL LAMPS 1 DRIMNGON IMPROVED: SHOULDER 2 OPERATIONOFVEHICLEWIOUT REGISTRATION: INSIGNIA 1 ALTERED OR OBSCURED LICENSEI PLATE 3 SPEEDINGIN, ASCHOOL ZONE - 6 NOINSURANCE 2 CUTIN AFTERI PASSING 1 MOLATION OF ORDINANCE-ANIMALS. ATLARGE 1 CRIMNAL TRESPASS 3 IMPEDING TRAFFIC DISREGARDEDI NOPASSINGZONE POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR' VEHICLE 1 RANI REDI LIGHT 9 RAN STOP SIGN 9 CUTACROSS DRIMEWAYTOMAKE TURN 1 FALEDI TOSIGNAL DISTANCE BEFORE TURN 1 TURNED RIGHT TOOWDE PUBLIC INTOAICATION 1 DEFECINVEHEADLAMPS 2 OPERATE MOTOR ERCEWIRQUTPLAIES 1 DROEWATHOUTLIGHTS WHENI REQUIRED 7 MOLATION OF ORDINANCE-LOUD MJSICNOISE 1 FAILEDI TODRIVE INS SINGLELANE 2 UNSAFE SPEED 1 DRIVERI LICENSEI REQUIRED (NODL) 1 DEFECTIVE: STOPLAMPS 1 50 100 150 200 250 1/1. GUNTER! POLICEI DEPARTMENT Racial Profiling Totals 1021 NORTH PRESTONI ROAD GUNTER,TX7 75058 903-433-1717 TENIK Category A. Total Statistic Count TOTAL: STOPS 255 Category B. Gender Statistic Count FEMALE 57 FEMALE- - ALASKAI NATIVE/AMERICAN INDIAN I FEMALE- ASIAN OR PACIFICI ISLANDER I FEMALE- BLACK 4 FEMALE- HISPANIC ORI LATINO 8 FEMALE- WHITE 43 GENDER UNKNOWN 0 MALE 198 MALE- ALASKA NATIVE/AMERICAN. INDIAN 0 MALE- ASIAN ORI PACIFICI ISLANDER 10 MALE- BLACK 16 MALE- HISPANIC ORI LATINO 36 MALE- WHITE 136 Category C. Race or Ethnicity Statistic Count ALASKAI NATIVEAMERICANI INDIAN - ASIAN ORI PACIFICI ISLANDER 11 BLACK 20 HISPANIC ORI LATINO 44 WHITE 179 Category D. Was race or ethnicity known prior to stop? Statistic Count RACE: KNOWNI PRIOR TOSTOP 0 RACEI NOT KNOWNI PRIOR TOS STOP 255 Category E.I Reason for Stop Statistic Count MOVING" TRAFFIC VIOLATION 239 MOVING TRAFFIC VIOLATION. ALASKA I NATIVE/AMERICAN: INDIAN MOVING TRAFFIC VIOLATION- ASIAN ORI PACIFIC 9 ISLANDER MOVING TRAFFIC VIOLATION. BLACK 17 MOVING TRAFFIC VIOLATION. HISPANIC OR LATINO 41 MOVING TRAFFIC VIOLATION- UNKNOWN 0 Page 1/7 MOVING TRAFFIC VIOLATION- - WHITE 171 PRE-EXISTINGI KNOWLEDGE 0 PRE-EXISTINGI KNOWLEDGE- ALASKA 0 NATIVE/AMERICAN. INDIAN PRE-EXISTINGI KNOWLEDGE- ASIAN ORI PACIFIC 0 ISLANDER PRE-EXISTINGI KNOWLEDGE- BLACK 0 PRE-EXISTINGI KNOWLEDGE- HISPANIC OR LATINO 0 PRE-EXISTINGI KNOWLEDGE - UNKNOWN 0 PRE-EXISTINGI KNOWLEDGE- WHITE 0 VEHICLE1 TRAFFIC VIOLATION 16 VEHICLETRAFFIC VIOLATION- ALASKA 0 NATIVE/AMERICAN: INDIAN VEHICLE1 TRAFFIC VIOLATION ASIAN OR PACIFIC 2 ISLANDER VEHICLE1 TRAFFIC VIOLATION - BLACK 3 VEHICLE TRAFFIC VIOLATION- HISPANIC OR LATINO 3 VEHICLE TRAFFIC VIOLATION UNKNOWN 0 VEHICLE1 TRAFFIC VIOLATION- - WHITE 8 VIOLATION OF THEI LAW 0 VIOLATION OF THE LAW ALASKA NATIVE/AMERICAN 0 INDIAN VIOLATION OF THE: LAW ASIAN OR PACIFIC 0 ISLANDER VIOLATION OF THEI LAW- BLACK 0 VIOLATION OF THE: LAW - HISPANIC OR LATINO 0 VIOLATION OF THEI LAW UNKNOWN 0 VIOLATION OF THEI LAW WHITE 0 Category F. Approximate Location of Stop Statistic Count CITY STREET 15 COUNTYI ROAD 1 PRIVATEI PROPERTY OR OTHER 0 STATEE HIGHWAY 239 USI HIGHWAY 0 Category G. Wasas search conducted? Statistic Count SEARCH CONDUCTED 3 SEARCH CONDUCTED ALASKAI NATIVEAMERICAN 0 INDIAN SEARCH CONDUCTED- ASIAN ORI PACIFIC ISLANDER 0 SEARCH CONDUCTED. - BLACK 1 SEARCH CONDUCTED. - HISPANIC ORI LATINO 1 SEARCH CONDUCTED. UNKNOWN 0 SEARCH CONDUCTED WHITE I SEARCH NOT CONDUCTED 252 SEARCHI NOT CONDUCTED- ALASKA I NATIVEAMERICANT INDIAN SEARCH NOT CONDUCTED: ASIAN ORI PACIFIC 11 ISLANDER SEARCH NOT CONDUCTED- BLACK 19 SEARCH NOT CONDUCTED- - HISPANIC ORI LATINO 43 Page 2/7 / SEARCHI NOT CONDUCTED. UNKNOWN 0 SEARCH NOT CONDUCTED. WHITE 178 Category H.I Reason for Search Statistic Count CONSENT I CONSENT - ALASKAT NATIVE/AMERICAN. INDIAN 0 CONSENT ASIAN OR PACIFICI ISLANDER 0 CONSENT BLACK 1 CONSENT - HISPANIC OR LATINO 0 CONSENT UNKNOWN 0 CONSENT WHITE 0 CONTRALANDEVDENCE INI PLAIN: SIGHT 1 CONTRABANDEVIDENCE: IN PLAIN SIGHT- ALASKA 0 NATIVE/AMERICAN INDIAN CONTRABANDEVDENCE INI PLAIN SIGHT ASIAN OR 0 PACIFIC ISLANDER CONTRABANDEVDENCE IN PLAIN: SIGHT BLACK 0 CONTRABANDEVDENCE INI PLAIN SIGHT HISPANIC 0 ORI LATINO CONTRABANDEVIDENCE INI PLAIN SIGHT UNKNOWN 0 CONTRABANDEVDENCE INI PLAIN: SIGHT WHITE 1 INCIDENT TOARREST 0 INCIDENT TO ARREST ALASKAI NATIVEIAMERICAN 0 INDIAN INCIDENT TOARREST ASIAN OR PACIFIC ISLANDER 0 INCIDENT TO ARREST BLACK 0 INCIDENT: TOA ARREST HISPANIC ORI LATINO 0 INCIDENT TOARREST UNKNOWN 0 INCIDENT TO. ARREST WHITE 0 INVENTORY: SEARCHI PERFORMED. AS A RESULT OF 0 TOWING INVENTORY: SEARCHI PERFORMED. AS A RESULT OF 0 TOWING. ALASKA1 NATIVEAMERICAN, INDIAN INVENTORY: SEARCH PERFORMED, AS A RESULT OF 0 TOWING ASIAN OR PACIFIC ISLANDER INVENTORY: SEARCH PERFORMED. AS A RESULT OF 0 TOWING. BLACK INVENTORY: SEARCHI PERFORMED. AS A RESULT OF 0 TOWING - HISPANIC OR LATINO INVENTORY: SEARCH PERFORMED, AS A RESULT OF 0 TOWING UNKNOWN INVENTORY: SEARCH PERFORMED. AS A RESULTO OF 0 TOWING WHITE PROBABLE CAUSE OR REASONABLE: SUSPICION I PROBABLE CAUSE ORI REASONABLE: SUSPICION- - 0 ALASKAT NATIVEAMERICAN. INDIAN PROBABLE CAUSEORI REASONABLE: SUSPICION. - 0 ASIAN OR PACIFICI ISLANDER PROBABLE CAUSE OR REASONABLE SUSPICION. - 0 BLACK PROBABLE CAUSE ORI REASONABLE: SUSPICION- I HISPANIC OR LATINO PROBABLE CAUSEORI REASONABLE: SUSPICION. - 0 UNKNOWN Page 3/7 PROBABLE CAUSE OR REASONABLE: SUSPICION. - 0 WHITE Category 1. Was contraband discovered? Statistic Count CONTRABAND! DISCOVERED - CONTRABANDI DISCOVERED: ALASKA 0 NATIVEAMERICANI INDIAN CONTRABANDI DISCOVERED- ALASKA 0 NATIVE/AMERICAN, INDIAN. ARRESTED CONTRABANDI DISCOVERED: ALASKA 0 NATIVE/AMERICAN: INDIAN. - NOT ARRESTED CONTRABANDI DISCOVERED. ASIAN ORI PACIFIC 0 ISLANDER CONTRABANDI DISCOVERED- ASIAN ORI PACIFIC 0 ISLANDER ARRESTED CONTRABANDI DISCOVERED ASIAN OR PACIFIC 0 ISLANDER - NOT ARRESTED CONTRABANDI DISCOVERED- BLACK 0 CONTRABANDI DISCOVERED. BLACK ARRESTED 0 CONTRABANDI DISCOVERED. BLACK NOT ARRESTED 0 CONTRABAND! DISCOVERED. HISPANIC ORI LATINO 0 CONTRABAND DISCOVERED. HISPANIC ORI LATINO - 0 ARRESTED CONTRABAND! DISCOVERED. HISPANIC ORI LATINO. 0 NOT ARRESTED CONTRABANDI DISCOVERED: UNKNOWN 0 CONTRABAND DISCOVERED. UNKNOWN- ARRESTED 0 CONTRABAND DISCOVERED: UNKNOWN. NOT 0 ARRESTED CONTRABAND: DISCOVERED- WHITE 1 CONTRABAND: DISCOVERED- - WHITE- ARRESTED 0 CONTRABAND: DISCOVERED. - WHITE- NOT ARRESTED 1 CONTRABAND: NOTI DISCOVERED 2 CONTRABAND: NOT DISCOVERED ALASKA 0 NATIVE/AMERICAN INDIAN CONTRABAND: NOTI DISCOVERED: ASIAN OR PACIFIC 0 ISLANDER CONTRABANDI NOT DISCOVERED: BLACK 1 CONTRABAND: NOTI DISCOVERED: HISPANIC OR 1 LATINO CONTRABAND: NOT DISCOVERED- UNKNOWN 0 CONTRABAND NOTI DISCOVERED- WHITE 0 Category J.I Description of Contraband Statistic Count ALCOHOL I ALCOHOL- ALASKA NATIVEAMERICANT INDIAN 0 ALCOHOL- ASIAN OR PACIFICI ISLANDER 0 ALCOHOL BLACK 0 ALCOHOL HISPANIC OR LATINO 0 ALCOHOL UNKNOWN 0 ALCOHOL WHITE 1 CURRENCY 0 CURRENCY - ALASKAI NATIVEAMERICAN. INDIAN 0 Page 417 CURRENCY ASIAN ORI PACIFIC ISLANDER 0 CURRENCY. BLACK 0 CURRENCY HISPANIC OR LATINO 0 CURRENCY UNKNOWN 0 CURRENCY- WHITE 0 DRUGS 0 DRUGS ALASKA! NATIVE/AMERICAN INDIAN 0 DRUGS ASIAN OR PACIFIC ISLANDER 0 DRUGS BLACK 0 DRUGS HISPANIC OR LATINO 0 DRUGS. UNKNOWN 0 DRUGS - WHITE 0 OTHER 0 OTHER ALASKA NATIVE/AMERICAN INDIAN 0 OTHER - ASIAN ORI PACIFIC ISLANDER 0 OTHER - BLACK 0 OTHER - HISPANIC OR LATINO 0 OTHER UNKNOWN 0 OTHER - WHITE 0 STOLEN PROPERTY 0 STOLENI PROPERTY ALASKA NATIVEAMERICAN 0 INDIAN STOLENI PROPERTY ASIAN OR PACIFICI ISLANDER 0 STOLEN PROPERTY BLACK 0 STOLENI PROPERTY HISPANIC ORI LATINO 0 STOLENI PROPERTY UNKNOWN 0 STOLENI PROPERTY- WHITE 0 WEAPONS 0 WEAPONS ALASKAI NATIVE/AMERICAN INDIAN 0 WEAPONS ASIAN OR PACIFIC ISLANDER 0 WEAPONS BLACK 0 WEAPONS HISPANIC ORI LATINO 0 WEAPONS UNKNOWN 0 WEAPONS. WHITE 0 Category K. Resulto oft the Stop Statistic Count ARREST 0 ARREST - ALASKA NATIVEAMERICAN INDIAN 0 ARREST ASIAN OR PACIFIC ISLANDER 0 ARREST- - BLACK 0 ARREST HISPANIC ORI LATINO 0 ARREST UNKNOWN 0 ARREST WHITE 0 CITATION 175 CITATION- ALASKA NATIVE/AMERICAN INDIAN 1 CITATION. ASIAN ORI PACIFIC ISLANDER 8 CITATION- BLACK 15 CITATION. HISPANIC ORI LATINO 33 CITATION. UNKNOWN 0 CITATION. WHITE 118 CITATION. AND. ARREST 0 Page 5/7 CITATION. AND ARREST ALASKA NATIVE/AMERICAN 0 INDIAN CITATION AND. ARREST ASIAN ORI PACIFIC ISLANDER 0 CITATION. AND ARREST - BLACK 0 CITATION. AND ARREST HISPANIC ORI LATINO 0 CITATION. AND ARREST UNKNOWN 0 CITATION. AND ARREST WHITE 0 INVESTIGATORY STOP 0 INVESTIGATORY: STOP ALASKA NATIVEAMERICAN 0 INDIAN INVESTIGATORY STOP. ASIAN OR PACIFIC ISLANDER 0 INVESTIGATORY STOP. BLACK 0 INVESTIGATORY STOP HISPANIC OR LATINO 0 INVESTIGATORY STOP - UNKNOWN 0 INVESTIGATORY: STOP- WHITE 0 VERBAL' WARNING 20 VERBAL WARNING ALASKA NATIVE/AMERICAN 0 INDIAN VERBAL WARNING ASIAN ORI PACIFIC ISLANDER 0 VERBAL WARNING BLACK 0 VERBALI WARNING HISPANIC ORI LATINO 2 VERBAL WARNING UNKNOWN 0 VERBAL WARNING WHITE 18 WRITTEN WARNING 60 WRITTEN WARNING ALASKAI NATIVE/AMERICAN 0 INDIAN WRITTEN' WARNING ASIAN ORI PACIFIC ISLANDER 3 WRITTEN WARNING- BLACK 5 WRITTEN WARNING- - HISPANIC ORI LATINO 9 WRITTEN WARNING UNKNOWN 0 WRITTEN WARNING WHITE 43 WRITTEN WARNING. AND ARREST 0 WRITTEN' WARNING. AND ARREST ALASKA 0 NATIVEAMERICAN. INDIAN WRITTEN WARNING AND ARREST ASIAN OR PACIFIC 0 ISLANDER WRITTEN WARNING. AND. ARREST- BLACK 0 WRITTEN WARNING AND ARREST HISPANIC OR 0 LATINO WRITTEN WARNING. AND. ARREST- UNKNOWN 0 WRITTEN WARNING. AND. ARREST WHITE 0 Category L. Arrest Based On Statistic Count CITY ORDINANCE VIOLATION 0 CITY ORDINANCE VIOLATION- ALASKA 0 NATIVE/AMERICAN, INDIAN CITY ORDINANCE VIOLATION ASIAN ORI PACIFIC 0 ISLANDER CITY ORDINANCE' VIOLATION- BLACK 0 CITY ORDINANCE VIOLATION - HISPANIC ORI LATINO 0 CITY ORDINANCE VIOLATION- - UNKNOWN 0 CITY ORDINANCE VIOLATION. WHITE 0 OUTSTANDING WARRANT 0 Page 617 OUTSTANDING WARRANT- ALASKA 0 NATIVE/AMERICAN INDIAN OUTSTANDING WARRANT ASIAN ORI PACIFIC 0 ISLANDER OUTSTANDING WARRANT- BLACK 0 OUTSTANDING WARRANT HISPANICORI LATINO 0 OUTSTANDING WARRANT- UNKNOWN 0 OUTSTANDING WARRANT- WHITE 0 PENALO CODE VIOLATION 0 PENALO CODE) VIOLATION- ALASKA 0 NATIVE/AMERICAN INDIAN PENALO CODE VIOLATION. ASIAN OR PACIFIC 0 ISLANDER PENAL CODE VIOLATION. BLACK 0 PENAL CODE VIOLATION- HISPANIC ORI LATINO 0 PENAL CODE VIOLATION. - UNKNOWN 0 PENAL CODE VIOLATION WHITE 0 TRAFFIC LAW VIOLATION 0 TRAFFICI LAW VIOLATION. ALASKA 0 NATIVEAMERICANI INDIAN TRAFFICI LAW VIOLATION. - ASIAN OR PACIFIC 0 ISLANDER TRAFFICLAW VIOLATION. - BLACK 0 TRAFFIC LAW VIOLATION - HISPANIC OR LATINO 0 TRAFFIC! LAW VIOLATION UNKNOWN 0 TRAFFICI LAW VIOLATION. WHITE 0 Category Physical Force resultingi in bodilyi injury Statistic Count FORCEI NOT USED 255 FORCENOT USED ALASKA NATIVE/AMERICAN I INDIAN FORCET NOT USED ASIAN OR PACIFICI ISLANDER II FORCEI NOT USED BLACK 20 FORCEI NOT USED - HISPANIC ORI LATINO 44 FORCET NOT USED UNKNOWN 0 FORCEI NOT USED WHITE 179 FORCE USED 0 FORCET USED- ALASKA1 NATIVEAMERICAN. INDIAN 0 FORCE USED. ASIAN OR PACIFIC ISLANDER 0 FORCEI USED - BLACK 0 FORCE USED HISPANIC ORI LATINO 0 FORCE USED. UNKNOWN 0 FORCE USED WHITE 0 Page 717 2 3 6 5 1 A 1 5 F 00 a a E CYTON CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #2 City Secretary: Introduction of Department Heads and Team Members AGENDA ITEM UNMARYBACKGROIND PRESENTED BY: Detra Gaines City Secretary Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a CrTy O CITY COUNCIL MEETING GUNERI January 16, 2025 EST.1901 6:00 PM AGENDA ITEM #3 Fire Department: Weather Response Fire & EMS Update AGENDA ITEM SIMPARYBACKGROINP PRESENTED BY: Jon Logan - Fire Chief Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E nyON CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #4 Director of Parks & Public Services Report Staff will seek approval of the lowest qualified bid for the Woods driveway transition project at the February 6th meeting Staff will seek approval to move forward with the lowest qualified bid for the Fox Bend Trace Road repairs in the Bridges Development Alderman Williams arranged for staff to meet with Precinct 1 Commissioner Josh Marr, to move forward with a 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 Inclement weather response efforts AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Adam Adams - Director of Parks & Public Services Karen Souther, Mayor "SUGGESTED MOTION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments B TTYP 4 OH CITY COUNCIL MEETING GUNERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #5 Mayor / Alderman Report: General Notifications, Announcements, Appreciations AGENDA ITEM SUMMARYBACKGROIND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E CTYON CITY COUNCIL MEETING GUNERI January 16, 2025 EST. 1901 6:00 PM 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's 2022-2023 Audit. AGENDA ITEM UNMARYBACKGROIND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E TYON CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM 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 SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL: IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a ny 91 CITY COUNCIL MEETING GUNERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM # 7 Discuss, consider, and act upon approving a resolution authorizing the Gunter Economic Development Corporation to 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 of Parks & Public Services RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: EDC funds ofs $348,480 LEGAL REVIEW: EDC has legal representation that will work with the school district on the contract. ATTACHMENTS: Resolution Working copy ofthe 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 THIE GUNTER ECONOMIC DEVELOPMENT CORPORATION AND THE GUNTER INDEPENDENT SCHOOL DISTRICT FOR THE PURCHASE BY THE GEDC OF THE REAL PROPERTY AND IMPROVEMENTS DESCRIBED ASANA APPROXIMATELY 1.00 ACRE TRACTOUTOF THE GUNTER OLD TOWN SURVEY, BLOCK 38, LOTS 13, 14, 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 EFFECTIVE DATE. WHEREAS, the City is required to approve expenditures of the Gunter Economic Development Corporation ("GEDC"); and 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 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 enterprises within the City of Gunter; and WHEREAS, the City Council finds that the expenditure of funds 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 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 of 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 whichi 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 AS TO FORM: City Attorney EXHIBIT A Real Estate Purchase and Sale Agreement Between GEDC and GISD PURCHASE AND SALE. 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 to herein as a "party" and collectively as the "parties. 22 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 Property, all upon the terms and conditions set forth in this Agreement. 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, Purchaser and Seller agree as follows: ARTICLE 1 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 Date. E. Earnest Money. Twenty-Five Thousand and No/100 Dollars ($25,000.00). F. Earnest Money Delivery Date. The date that is three (3) business days after the Effective Date. G. Effective Date. The date on which the following conditions have been satisfied: Purchase and Sale Agreement Page 1 4595222 1 Authorized representatives of the parties have signed this Agreement; and (ii) afully signed copy ofthis Agreement has been delivered to the Title 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 ofland 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 T'housand 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) initial Title Commitment, (ii) Title Documents, and (iii) 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 Effective Date. O. Title Company. Fair Texas Title Company, 515 N. Travis, Sherman, Texas 75090 (Mati Rutledge). P. Title Termination Period. The period beginning on the expiration of the Cure 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 Title Commitment Seller Premium for standard form Title Policy Seller Premium for endorsements or additional coverage for the Title Purchaser Policy New or Updated Survey Purchaser Purchase and Sale Agreement Page 2 4595222 Recording Fees Purchaser Escrow Fee charged by Title Company Evenly split between Purchaser and Seller Commission to Purchaser's Broker, if any Purchaser Commission to Seller's Broker, if any Seller All other Closing costs, expenses, charges and fees customarily Purchaser paid by purchasers in Grayson County, Texas. Purchaser's attorneys' fees. All other Closing costs, expenses, charges and fees customarily Seller paid by sellers in Grayson County, Texas. Seller's attorneys' fees. Section 1.3 Notice Addresses Seller: Gunter Independent School District Attn: Scott Martindale 213 N. 8th Street Gunter, Texas 75058 Email: marinlale@gunterisdon with copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Chris Zillmer 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Email: Almerdakmashv-ascen Purchaser: Gunter Economic Development Corporation Attn: Kristofer Atkinson, President 105 N. 4th Street Gunter, Texas 75058 Email: lalinson@cigunterixus with copy to: Nichols Jackson, LLP Attn: Victoria Thomas 500 N. Akard Street, Suite 1800 Dallas, Texas 75201 Email: Mhomasdncloliacksmncen Purchase and Sale Agreement Page 3 4595222 Title Company: Fair Texas Title Company Attn: Mati Rutledge 515 N. Travis Sherman, Texas 75090 Email: ARTICLE 2 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, (i1) 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, if any ("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; (ii) all permits, approvals, licenses, water and sewer capacity commitments, all engineering and architectural plans; and (1il) all plans, drawings, specifications, surveys, engineering reports, and other technical descriptions of 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 of Sellerin and to all oil, gas, and other minerals pertaining to 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 of the Property to be conveyed hereunder and shall become part of this Agreement. ARTICLE3 PURCHASE PRICE Purchaser agrees to purchase the Property at the Purchase Price and upon the terms set forth herein. At Closing, Purchaser shall deliver to Seller the Purchase Price in cash or other immediate funds. ARTICLE 4 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 the Purchaser pursuant to the terms of this Agreement. The Earnest Money shall be credited to the Purchase Price at Closing. ARTICLE 5 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, ifa any (the "Survey"). Ifrequested by Purchaser or Purchaser's lender, Purchaser, at its sole cost, shall obtain a 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 or before the Title Commitment Delivery Date, Seller shall deliver or cause to be delivered to Purchaser (i) a title commitment (the "Title Commitment") covering the Property binding the Title Company to issue a Texas Owner Policy ofTitle Insurance (the "Title Policy") on the standard form prescribed by the Texas State Board ofInsurance 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"): (1) 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 a 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 oft 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 ofthe Texas Water Code. Ifthe 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. If Purchaser 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' S 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." 22 Items that the Title Company identifies as to be released at Closing will be deemed Objections by Purchaser and shall not be Permitted Exceptions. Ifl Purchaser provides Seller with any Objections, Seller may, but is 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 Seller is 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 (in)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 the Due Diligence Delivery Date, Seller shall deliver to Purchaser copies of all 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 material, ifany, Purchaser: acknowledges that any information of any type which Purchaser has received or may receive from Seller, or 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 the truth, accuracy, or completeness ofsuch information; provided, however, that Seller confirms that Seller has no current actual knowledge of 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 furnished due diligence materials. If this 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 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. Ifl 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. If Purchaser 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. indemmification 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 for all damages occasioned to the Property arising out of the entry upon or testing of the Property, and this indemnity and covenant will survive the Closing or termination of this Agreement for a period oft twelve (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 Page 7 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 material or dangerous condition. 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 ofthe 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 agreed to cure by written notice by Purchaser. ARTICLE 6 REPRESENTATIONS AND WARRANTIES Section 6.1 Seller's Representation and Warranties Seller represents and warrants to Purchaser as ofthe 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 Page 8 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 ofthe Property. Seller shall promptly advise Purchaser of any 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 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 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, or is a resident in, or organized or chartered under the laws of, (i) ajurisdiction 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, of which the United States is a 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 behalf and 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 (i) 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 having jurisdiction over Seller or the Property. J. No Material Defects. To the best of Seller's knowledge, there are no material defects in the Property. 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 Purchase and Sale Agreement Page 9 4595222 law, statute, ordinance, rule, regulation, order or determination of any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction or zoning ordinance or classification affecting 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, WARRANTIES OR REPRESENTATIONS ASTO MATTERS OF TITLE (OTHER THAN 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, ANY REPRESENTATION OR WARRANTY OF SELLER OR SELLER'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, BUT NOTI LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BYPURCHASER'S INSPECTIONS AND INVESTIGATIONS. 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 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. 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 FAULTS 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 of the Closing as follows: A. Organization and Authority. Purchaser is a Type B economic development corporation validly created and existing under the laws of 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 Purchaserin: 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 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 of 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, or is a resident in, or 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 ofthe 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 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 (iii) 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, 7 "to Seller's knowledge, 22 "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 withouti imputation to such person ofthe knowledge ofa any 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 no 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, 99 "to Purchaser's knowledge, 23 "the knowledge of Purchaser," 22 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 ofi inquiry 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 If either 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/or warranties in writing, and the deficient party may attempt to correct or remedy the misrepresentation or inaccuracy. If the misrepresentation or 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 inaccuracy is remedied; or (in) 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 ofi improvements to total area of land, requirements of the Americans with Disabilities Act, wetlands restrictions and other matters. Purchaser is not relying upon any warranties or representations ofSeller concerning the permitted uses ofthe Property or with respect to any nonconformance ofthe Property. ARTICLE 7 CLOSING Section 7.1 Closing Date Purchase and Sale Agreement Page 12 4595222 The Closing shall occur on, or before as may be mutually agreed by the parties, the Closing Date. Seller shall deliver possession ofthe 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 to 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 of the Purchase Price, dated as ofthe date ofClosing, and with the survey exception deleted except as to "shortages in area," C. A FIRPTA certificate, duly executed and acknowledged by Seller; D. Evidence of 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 oft the Property, free of parties in 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 Each party shall pay its respective costs associated with the Closing in accordance with Section 1.2 above. 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 If a 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 year the taxable value ofthe land that is the subject ofthis 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 of the land. The taxable value ofthe land and the applicable method of appraisal is public information and may be obtained from the tax appraisal district established for the county in which the land is located. ARTICLE 8 CASUALTY LOSS; CONDEMNATION. Section 8.1 Casualty Loss AIl 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. If 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 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 ofthe 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. If 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 ARTICLE 9 DEFAULT Section 9.1 Purchaser's Remedies If 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's 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 behalfi in 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 survive 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 the 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. ARTICLE 11 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 (iii) 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 of 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 ofwhom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions hereof shall be construed in accordance with 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 (i) Purchaser delivers written notice to Seller prior to such assignment, (ii) 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 of the 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 be varied except by written agreement ofthe 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 for a 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 Page 16 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 The term "business day" shall mean days elapsed exclusive of Saturday, Sunday or recognized holidays. Section 11.10 Governing Law This Agreement shall be construed under and governed by the laws of the State of Texas, 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 If any provision of this Agreement is held to be 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 of 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 the 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 It is expressly understood and agreed that, in the execution of 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 or implied, other than those set forth herein. ARTICLE 12 ADDITIONAL TERMS 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. If not 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 ofthis 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. If not 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: Date: GUNTER ECONOMIC DEVELOPMENT CORPORATION By: Kristofer Atkinson, President Purchase and Sale Agreement Page 19 4595222 TITLE COMPANY ACCEPTANCE The Title Company acknowledges receipt of the executed Agreement on 2024, at (a.m./p.m.) and agrees to act as the Title Company under the foregoing Agreement in accordance with the terms and conditions set forth in this Agreement. TITLE COMPANY: By: Name: Title: Attn: Phone: Email: Purchase and Sale Agreement Page 20 4595222 EXHIBIT "A" LEGAL DESCRIPTION A certain 1.00 acre parcel ofreal property located in the City ofGunter, Grayson County, Texas. Legal Owner Name Parcel ID Geo ID Legal Description Acreage OTP GUNTER, BLOCK 38, GUNTERI ISD 151917 G002 5850090 LOT 13 THRU 18, 300 X 145 1.00 Purchase and Sale Agreement Page 21 4595222 EXHIBIT "A A-1" DEPICTION OF THE LAND 6 51918 5 6 ELM 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 INSTRUMENTTHAT TRANSFERS ANI INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS 2 KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GRAYSON THAT, GUNTER INDEPENDENT SCHOOL DISTRICT ("Grantor") for and in consideration of the sum of Ten 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 of itself and its successors and assigns (and agrees that all future leases of or conveyances of any part of the oil, gas and other minerals reserved herein by Grantor shall be subject to and burdened by the following waiver of 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 of the 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 OR IN THAT CERTAIN PURCHASE AND SALE AGREEMENT, DATED BY AND BETWEEN GRANTOR AND GRANTEE (THE PURCHASE. AGREEMENT),ITISI UNDERSTOOD AND AGREED THAT 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 RELATING TO OR 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 GRANTOR 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, BUT NOT LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT 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 NECESSARYTO SATISFYITSELF AS TO THE 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. GRANTEE 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 NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. [Signature page follows] 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 of the day of 202 GRANTOR: a By: Name: Title: STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared of a on its behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 202 Notary Public in and for the State of Texas My Commission Expires: After Recording Return to: Purchase and Sale Agreement Page 26 4595222 EXHIBIT A Legal Description of the Property [To Be Attached] Purchase and Sale Agreement 27 4595222 Page EXHIBIT B The Permitted Exceptions [To Be Attached] 4899-3407-2584, V. 1 Purchase and Sale Agreement 28 4595222 Page E CTTYL O CITY COUNCIL MEETING GUNGAERI January 16, 2025 EST. 1901 6:00 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 Pike Road, and received from Gunter Sports Center, LLC, by Shyam Tummala, on December 31, 2024. AGENDA ITEM SUMMARYBACKGROLND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments RECEIVED DEC 31 2024 December 31, 2024 VIA CERTIFIED MAIL to P.O.Box 349, Gunter, TX 75058 with RRR: 9589 07f0 5270 1305 8171 4 VIA EMAIL: aeta@igunersus City Secretary, 105 N Fourth St, Gunter, TX 75058 Re: Request for Release from Extraterritorial Jurisdiction (ETJ) - 1394 Pike Rd Dear Ms Gaines: I am writing to 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. A 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 ETJ would: Allow for more efficient development of our outdoor sports center Reduce administrative complexity Better align with the property's current use and future plans I understand this request requires council consideration and am happy to provide any additional information needed to process this request. Sincerely, Shyam Tummala Managing Partner ylw - Address: Gunter Sports Center LLC, % Shyam Tummala 13031 Macbeth Ave Frisco, TX 12/311 2024 Cell : E-mail: guntersportscenter@gmail.com 12:30Pm: Enclosures: Date a bisth : Property Survey and Legal Description MACKEY ROAD / a 3 a a A / 'Rem 5334Ag: -TractNo.2 R Survey Line R J.P.N Norman, etux Bobby. 39.7874A JackN Norman Ac." AllonJ Jay to Noman 3 5 to Val.1 1343,Pg.4 1976 488 4 "BOAc." JamesB.Cannaday May7,1 DorothyMayledtick Vol. 3053, Pg.: 211 Ls o March2 27,2001 X FOVAES MartinHedrick, 1887,P0.2 etal NORTH a Jan. 12,1 1987 A 12-Rebars @250s Set S89°49'32" E - C 12'Rebar Ses. > SpikeNals Sel 1390.63' t E 1 1 Scale: I"= 300' R 26.87 Acres SeeDetail a 39x4 0 40'x50 Det MetalGarage ArehurBig. 5 "Tract Cora No. Bombarger One- -88A0." Gylr : 0 S OreheafElee.s Senicelins, 1394.80' DonW. Taylor E Vol.1 1030,Pg.589 21 12-PipeCer. Post NE 89*4932"V W 2 Rebar May5,1 1965 4 e26'0s & 3 12'RebarFnd. € I Ranch offp FPreston B Hidden Lakes Three B Section D Vol.3 I1, P9.52 2 a 3 0 Bearing Base: Centerline Pike Rd. -EastLine3 39.7874ACT Tract Vol. 3053,Pg.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 of the following described property: (LEGAL DESCRIPFION ATTACHED) That the improvements located on said property are known as 1394 PIKE ROAD, GUNTER, TEXAS and that this survey substantially complies with the current Minimum Standards for Ptofessional Land Surveyors as adopted by the Texas Board of Professional Land Surveying. ST PARI AR The improvements shown hereon Se "were located on the ground on 4T the 24 th day of April, 2003 an from a survey of the 26.87 Marshall Sartin acre tract made on the ground R.P.L.S. # 3694 on the 14 th day of October, 2002. RP o - MARSHALLS SARTIN 3694 Rd Culan 6 1394PIKEncs s miRieh 5-1-03 &. SART 1 N & ASSOCIATES, INC. Registered Professional Land Surveyors P.O. Box 1843 - 109 S. Travis - Sherman, Texas 75091-1843 phone (903)892-8003 fax (903)868-2970 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 a No. 2 in deed from J. P. Norman, et. ux to Alton Tract dated May 7, 1976, recorded in Volume 1343, Jay Norman, Records, Page 488, Deed Grayson County,. Texas and being more described by metes and bounds as follows to-wit: particularly BEGINNING at a found 1/2 inch rebar maintaining the Southwest corner of said 53-3/4 acre tract, 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, County, Texas and in the center of a public road known Grayson as Pike Road; 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 Easterly 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. Easti 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.R Roy Martin Hedrick, et al by deed dated January 12, 1987, recorded in Volume 1887, Page 222, Real Property Records, Grayson County: Texas; 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 U 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 less. - I, Marshall Sartin, Registered Professional Land Surveyor, hereby certify. that a survey of the property legally described hereon was made on the ground on the 14 th day of October 2002 and that this survey substantially complies with fe 75 current Minimum Standards for Professional Land Surveygfs EOF 1 adopted by the Texas Board of Professional Land Suryéying! GI 5 & (. MARSHALL SARTIP ( 2 3694 L Marshall Sartin, R.P.L L.S. A B5 da E IYV On CITY COUNCIL MEETING GUNERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #9 Discuss, consider, and act upon accepting Letter of Resignation from Nat McClure, EDC Place 3. AGENDA ITEM SUNMARYBACAGROIND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments Detra Gaines From: Nat McClure <natmcclurely3k@statelarm.com> Sent: Friday, December 20, 2024 12:48 PM To: Karen Souther Cc: Detra Gaines Subject: 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 EDCto a Municipal Development District and the recent appointment of great board members, itis an appropriate time for me to resign. Thank you for allowing me to serve on the Gunter EDC board. It has been a pleasure working with the EDC team as they work together making improvements fori the Gunter community. All my best, Nat McClure a 1Y7 O CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #10 COUNCIL BUSINESS EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, The Council will convene into executive session (closed meeting) to discuss the following: A. $ 551.071: Consultation with the City Attorney on a matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct ofthe State Bar ofTexas clearly conflicts with the Texas Open Meetings Act regarding pending or contemplated litigation; or a settlement offer re: a. BNSF Litigation b. Employee / Department Reviews AGENDA ITEM UNMARYBACKGROIND PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION": FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E 1Y O CITY COUNCIL MEETING GUNGERI January 16, 2025 EST. 1901 6:00 PM AGENDA ITEM #11 RECONVENE TO OPEN SESSION In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Open Session to consider action, if any, on matters discussed in Executive Session. Discuss, and take appropriate action on any Executive Session item. AGENDA: ITEM SUMMARYBACKGROUND: PRESENTED BY: Karen Souther, Mayor "SUGGESTED MOTION: FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments