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<br />DEVELOPMENT AGREEMENT <br />Draft # 3 Februarv 22. 2010 <br /> <br />This Development Agreement (this "Agreement") is made as of ,2010, by and between <br />the REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS (the <br />"Zone "), a tax. increment reinvestment zone created by the City pursuant to Chapter 311 of the <br />Texas Tax Code, as amended, acting by and through its governing board of directors (the "Zone <br />Board"), LA PORTE REDEVELOPMENT AUTHORITY, a nonprofit local government <br />corporation formed by and on behalf of the City of La Porte, Texas (the "Authority"), and CITY <br />OF LA PORTE, TEXAS a home-rule city (the "City"),the LA PORTE ECONOMIC <br />DEVELOPMENT CORPORATION, a non-profit corporation organized under the laws of the <br />State of Texas (the "Development Corporation") and HARRIS COUNTY, a body corporate and <br />politic under the laws of the State of Texas, (the "County"). <br /> <br />RECITALS <br /> <br />WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, as amended, the City Council of <br />the City (the "City Council") created the Zone in the City; and <br /> <br />WHEREAS, the Zone Board adopted a project and financing Plan (as defined below in Section <br />1.1), as amended, that provides that the Zone will undertake to make certain acquisitions and <br />improvements in the Zone, and was approved by the City Council; and <br /> <br />WHEREAS, the Texas Tax Code provides that the Zone may enter into agreements as the Zone <br />Board considers necessary or convenient to implement the Plan and achieve its purposes; and <br /> <br />WHEREAS, the City and the Zone have contracted with the Authority as a nonprofit Texas <br />local government corporation pursuant to the provisions of Chapter 431, Subchapter D, Texas <br />Transportation Code, as amended, to carry out the purposes of the Zone, including <br />administration, supervision, construction, financing and other duties, and have committed the <br />revenues of the Zone to the Authority for such purposes, all as more particularly set forth in the <br />Agreement Between the City, the Zone and the Authority, dated July 9, 2001 (the "Tri-Party <br />Agreement"); and <br /> <br />WHEREAS, the City, the Development Corporation and the County wish to make certain <br />improvements within the Zone, to further development within the Zone and to carry out the <br />purposes of the Zone as described in the Plan, and provide for the reimbursement of the <br />Development Corporation and the County for such improvements in accordance with such Plans; <br />and <br /> <br />Whereas. the City has entered into Hn :lPreement mmml'lnt to thl'lt ~prtl'lin ~np('.il'll no('mnpnt <br />" wi ' -. -- _.~.- - - ---- --c- - -------- r -----~---- -- ----... ---...---.. -r--..._.... .-- .....__........._........ <br /> <br />No. SD 2008-0002 with the State of Texas (the "State") and that certain Project Cooperation <br />Agreement (the "Cooperation Agreement") CEPRA Project No. 1404 with the General Land <br /> <br />Page 1 of 11 <br />