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Resolution 2026-05 RESOLUTION NO. 2026-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ("CITY"), APPROVING (I)THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION ("CORPORATION") REGARDING A LOAN IN THE AMOUNT NOT TO EXCEED $9,600,000; (II)A SALES TAX REMITTANCE AGREEMENT BETWEEN THE CITY AND THE CORPORATION; (III) RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE LOAN; AND (IV) THE AUTHORITY OF THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A GENERAL CERTIFICATE OF THE CITY AND THE SALES TAX REMITTANCE AGREEMENT. WHEREAS, The Wylie Economic Development Corporation (the "Corporation") has been duly created and organized pursuant to the provisions of Chapter 504, Local Government Code, as amended (formerly Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended)(the"Act") by the City of Wylie, Texas (the "City"); and WHEREAS, pursuant to the Act, the Corporation is empowered to borrow money for the purpose of financing the cost of any"project"defined as such by the Act; and WHEREAS,the Board of Directors of the Corporation has found and determined that(a)financing the costs to acquire real property(the"Project")to promote economic development in the City is authorized under the Act and loan proceeds may be used for such financing pursuant to that certain Loan Agreement, dated as of March 30, 2026, (as amended, restated, supplemented and/or otherwise modified, the "Loan Agreement") in the original principal amount not to exceed $9,600,000 (the "Loan") between the Corporation and Government Capital Corporation (the"Lender"); and WHEREAS, the Corporation proposes to enter into a Sales Tax Remittance Agreement, dated as of March 30, 2026, (as amended, restated, supplemented and/or otherwise modified, the "Sales Tax Remittance Agreement") with the City pursuant to which, among other things, the Corporation will pledge its sales tax revenues to the Lender to secure repayment of the Loan; WHEREAS,the Act requires the City Council of the City approve the resolution of the Corporation providing for the execution and delivery of the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. The Resolution approving the Loan Agreement and authorizing the issuance of the Note(as defined in the Loan Agreement)authorized by the Corporation(the"Corporation Resolution")on March 11, 2026, and submitted to the City Council this day, is hereby approved in all respects. The Note is being issued to finance the cost of the Project and to pay the Costs of Issuance (as defined in the Loan Agreement). Section 2. The approvals herein given are in accordance with the Act,and the Note shall never be construed an indebtedness or pledge of the City, or the State of Texas (the"State"), within the meaning of any constitutional or statutory provision, and the owner of the Note shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Chapter 504 of the Act) or any other revenues of the Corporation, the City, or the State, except those WO- revenues assigned and pledged by the Loan Agreement and the Sales Tax Remittance Agreement. Resolution No. 2026-05(R)—WEDC Loan Page I of 3 Section 3. The City hereby agrees to promptly collect and remit to the Corporation the Economic Development Sales and Use Tax(defined in the Loan Agreement)to provide for the prompt payment of the Note, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed on behalf of the Corporation. Section 4. The Sales Tax Remittance Agreement, with respect to the obligations of the City and Corporation during the time the Note is outstanding, is hereby reapproved as to form and substance. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A. Government Code, Chapter 551, as amended. Section 6. This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this 24th day of March, 2026. CITY OF WYLIE, TEXAS By: vaa& D• Mat(hew Porter, Mayor ATTEST: By: V Stephanie Storm, City Secretary Resolution No. 2026-05(R) WEDC Loan Page 2 of 3 SALES TAX REMITTANCE AGREEMENT NOTE WMW This SALES TAX REMITTANCE AGREEMENT (as amended, restated, supplemented and/or otherwise modified, this "Agreement") is made to be effective as of March 30, 2026, by and between the CITY OF WYLIE, TEXAS, a duly incorporated and existing home rule city operating and existing under the laws of the State of Texas (the "LLtL") and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a nonprofit development corporation organized and existing under the laws of the State of Texas, including Chapters 501, 502 and 504, Local Government Code, as amended (formally Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the"Corporation"). RECITALS WHEREAS, the Corporation on behalf of the City is to finance the costs to acquire certain real property which the Corporation has found will promote new or expanded business enterprise in the City (the "Pro ec "); and WHEREAS, such financing contemplates the issuance of the Corporation's promissory note in the principal amount of$9,600,000 (the "Note"), and the proceeds are to be used by the Corporation to acquire the Project. AGREEMENT tow 1. Financing: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to enter into a Loan Agreement dated of even date herewith (as same may be amended, restated, supplemented and/or otherwise modified, the "Loan Agreement"), with Government Capital Corporation (the "Lender"), and to execute the Note, and the Corporation hereby agrees and covenants that all proceeds of the loan evidenced by the Note shall be used solely to accomplish the Project and to pay all costs related thereto. 2. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Sales Tax" received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be deposited immediately upon receipt by the City to the credit of the Corporation. 3. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought and approved in writing by the Lender. 4. Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 1 SALES TAx REMITTANCE(2026) 5. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 6. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 7. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 8. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. 9. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Agreement. [THE REMAINDER OF THLS PAGE INTENTIONALL Y LEFT BLANK] 2 SALES TAX REMITTANCE(2026) IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Blake Brininstool, President ATTEST: By: Melisa Whitehead, Secretary .... wam 3 SALES TAX REMITTANCE(2026) CITY OF WYLIE, TEXAS Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary 4 SALES TAX REMITTANCE(2026)