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<br />DEVELOPMENT AGREEMENT <br /> <br />This Development Agreement (this "Agreement") is made as of ,2006, by and <br />between 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 "). <br /> <br />RECITALS <br /> <br />WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City Council of the City <br />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 Project and Financing Plan and <br />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, TEX. <br />TRANS. CODE, to carry out the purposes of the Zone, including administration, supervision, <br />construction, financing and other duties, and committed the revenues of the Zone to the <br />Authority for such purposes, all as more particularly set forth in the Agreement Between the <br />City, the Zone and the Authority, dated July 9,2001 (the "Tri-Party Agreement"); and <br /> <br />WHEREAS, the City wishes to make certain improvements to its sanitary sewer system within <br />the Zone, to further development within the Zone and to carry out the purposes of the Zone as <br />described in the Project and Financing Plan, and for the reimbursement of the City for such <br />improvements in accordance with such Plans; now, therefore, <br /> <br />AGREEMENT <br /> <br />For and in consideration of the mutual promises, covenants, obligations, and benefits of this <br />Agreement, the Zone, the Authority and the City contract and agree as follows: <br />