HomeMy WebLinkAbout12-17-08 LPRDA/TIRZAgendas and Agenda Materials
Meetings of the Boards of Directors
La Porte Redevelopment Authority
La Porte Tax Increment
Reinvestment Zone
I December IT, 2008 3
LA PORTE REDEVELOPMENT AUTHORITY
STATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY
TO BE HELD ON DECEMBER 17, 2008 AT 6:30 P.M. IN CITY COUNCIL CHAMBERS, CITY HALL, 604
WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS
ACCORDING TO THE AGENDA LISTED BELOW:
I. Call to order — Lindsey Pfeiffer, President;
2. Consider PUBLIC RIGHT OF WAY HAPROVEMENT AND FUNDING AGREEMENT by and between Port
Crossing Land, LP, a Texas limited partnership ("Port Crossing"), and 65 La Porte, Ltd., a Texas limited
partnership ("65 LaPorte") The LaPorte Redevelopment Authority and the La Porte Tax increment Reinvestment
Zone ##1 ("TIRZ");
3. Consider 8th TIRZ Draw and General contractor statements and the sworn statements for the Port Crossing Land
LP for the period ending September 30, 200
4. Consider approval or other action with regard to authority invoices;
5. Staff report and updates;
6. Board membq comments;
7. Adjournment.
THIS FACILITY '4 HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS
PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020
OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION.
A POSSIBLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT THIS MEETING AND
PARTICIPATE INIDISCUSSIONS BUT WILL NOT TAKE ANY ACTION.
David W. Hawes
Executive Director
LA PORTE TAX INCREMENT REINVESTMENT ZONE
STATE OF TEXAS }(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE TAX INCREMENT
REINVESTMENT ZONE TO BE HELD ON DECEMBER 17, 2008 AT 6:30 P.M. IN CITY COUNCIL
CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS,
REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order —Lindsey Pfeiffer, President
2. Consent agenda — any item may be removed by a board member for discussion
• Entertain motion and a second to approve the TIRZ items in the same form and manner as was approved in the
previous redevelopment authority meeting — Lindsey Pfeiffer, Chairperson
a. Consider PUBLIC RIGHT OF WAY 1WROVEMENT AND FUNDING AGREEMENT by and between Port
Crossing Land, LP, a Texas limited partnership ("Port Crossing"), and 65 La Porte, Ltd., a Texas limited
partnership ("65 La Porte"), the La Porte Redevelopment Authority and the La Porte Tax increment
Reinvestment Zone 41 ("TIRZ");
b. Consider 8t` TIRZ Draw and General contractor statements and the sworn statements for the Port Crossing
Land LP for the period ending September 30, 2008
c. Consider approval or other action with regard to authority invoices;
d. Staff report and updates;
e. Board member comments;
f. Adjournment.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS
PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR
TDD LINE 281-471-5030 FOR FURTHER INFORMATION.
A POSSIBLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT THIS MEETING AND
PARTICIPATE IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION.
David W. Hawes
Executive Director
Date Posted
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA WmoRANiDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
2. Consider PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING
AGREEMENT by and between Port Crossing Land, LP, a Texas limited partnership
("Port Crossing") and 65 La Porte, Ltd., a Texas limited partnership ("65 La Porte"), The
La Porte Redevelopment Authority, and the La Porte Tax Increment Reinvestment Zone
# 1 ("TIRZ").
LA PORn PtEDEVEmpmENr Au-moRm
c/o Hawes Hill Calderon 1LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 713-541-9906
S..
PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING AGREEMENT
THIS PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING
AGREEMENT (this "Agreement") is made and entered into as of the _ day of October, 2008,
by, axed among Port Crossing Land, LP,siteaaerp ("PortCrossing"), and.65
LaPorte, 'Ltd., rshi ("65 LaPorte"), 'the LaPorte Tax. Inereanent
Reinvestment Zone ##1 ("Zone") and La Porte Redevelopment Authority ("Redevelop :ment
Authority") (Zone and Redevelopment Authority are hereinafter referred to collectively as
"City"). Port Crossing, 65 LaPorte, Zone, and Redevelopment Authority are sometimes referred
to individually or collectively as "Party" or the "Parties".
WHEREAS, Port Crossing is the owner of that certain real property situated in
Harris County, Texas, more particularly shown on Exhibit "A" attached hereto and made a part
hereof for all purposes ("Port Crossing Tract"); and
WHEREAS, 65 LaPorte is the owner of that certain real property situated in
Harris County, Texas, more particularly shown on Exhibit `B" attached hereto and made a part
hereof for all purposes ("65 LaPorte Tract"); and
WHEREAS, The Port Crossing Tract and the 65 LaPorte Tract border a public right of
way known as State Highway 146, which is intersected ("Intersection") by another public right
of way known as Wharton Weems Boulevard, as shown on the Plans (as such term is def ned
below); and
WHEREAS, Port Crossing and 65 LaPorte mutually agree that certain modifications to
the Intersection are required in order for the Intersection to be safe for use by the traveling public
and to meet the requirements of the Texas Department of Transportation, as shown on the plans
attached as Exhibit "C" ("Plans"); and
WHEREAS, City has agreed to administer and oversee the construction project at the
Intersection ("Project"), and Port Crossing and 65 LaPorte have agreed to each pay certain
monies to City, to be held in escrow by City in order to fund the Project; and
of
a
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
conditions herein expressed, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Port Crossing, 65 LaPorte, and City agree as
follows:
E
H'PubGc Right a Way IMprwemeni_and Funding A9reeme[ti_v9(738M_9)[1].D6C
ARTICLE I
ADDITIONAL DEFINITIONS
Any capitalized terms not otherwise defined elsewhere in this Agreement shall have the
respective meanings indicated below:
(a) "Approved Budget" shall mean the budget approved by the
Owners for the design, engineering and construction of the Project, as shown on
Exhibit "D", attached hereto and made a part hereof for all purposes, and to be
further defined upon acceptance by appropriate authorities of a bid for
construction of the Project by a general contractor, as more particularly set forth
herein.
(b) "Governmental Authority" shall mean the political subdivision in
which the Property is located and any other political subdivision, agency, or
instrumentality exercising jurisdiction over the Property.
(c) "Governmental Requirements" shall mean all laws, ordinances,
statutes, codes, rules, regulations, orders and decrees of the United States, the
state, county, city, or any other political subdivision in which the Property is
located, and any other political subdivision, agency or instrumentality exercising
jurisdiction over the Property (including, without limitation, all environmental
laws, zoning and other ordinances, statutes, codes, rules, regulations, orders and
decrees for the handicapped or disabled).
(el} "Owners" means both 65 LaPorte and PortCrossing.
(e) "Person" shall mean any individual, partnership, firm, association,
corporation, limited liability company, trust or any other form of entity.
(f) "Proportionate Share" shall mean each Owner's respective share of
the costs and expenses of the Project. Port Crossing's Proportionate Share shall
be fifty percent (50%) of the Approved Budget and 65 LaPorte's Proportionate
Share shall be fifty percent (50%) of the Approved Budget.
ARTICLE H
DESIGN AND CONSTRUCTION OF THE PROJECT
Section 2.1. Desijzn of the Project.
(a) Port Crossing, 65 ,aPorte and City hereby approve the Plans for the
Project, and agree that the Plans may be modified upon written agreement of the Parties
in order to meet any Governmental Requirements.
H-Public Right of Wey_impmo eot_mxd_Funding Age=M y9(738385_9)[1],DOC 2
(b) Port Crossing shall cause bid packages for construction of the Project to be
submitted to qualified contractors in accordance with all applicable Governmental
Requirements. Port Crossina shall recommend to.:.City a contractor,.for selection in
accordance with applicable Governmental Requirements, without any fiutlier approval of
65 LaPorte, provided. that the bid of the winning contractor is consistent with_ the Plans
and the;,.Approved Budget. Once the winning contractor is selected, PortCrossing shall
cause to be executed ; by City and the contractor and issued all construction contracts,
service contracts, bonds and/or other security or contracts '(collectively, the "Contract")
required;in connection with construction, completion and/or maintenance of the Project.
(c) � Once. City selects the winning contractor ("Contractor') and the Contract
is fully. executed, City shall have full and complete authority to administer and oversee..
the' execution of the... Contract. and the construction of the Project, without any further
approval of the Owners; except as otherwise set forth herein.
(d) In no event shall City be obligated to take any action that requires City to
incur any expenses beyond those approved in this Agreement, unless City has received
written commitments from Port Crossing and 65 LaPorte of such Owners' agreement to
pay the entire additional amount of the costs and expenses relating to the Project in
accordance with the provisions of Section 2.3 below.
Section 2.2. Other Obligations. In connection with the construction of the Project, City
is hereby authorized and obligated to use commercially reasonable efforts to cause the Contracts,
any bonds and/or other security to remain in full force and effect during the entire term of
construction of the Project and thereafter if required pursuant to the terms thereof, except in the
event of the default by a the Contractor, in which event, City may terminate such contract and
retain a substitute contractor acceptable to !Governmental Authorities to complete the Project.
Section 2.3. Costs of Design and Construction of Project. The cost and expense of the
design, engineering, permitting, construction and related costs of the Project pursuant to this
Agreement shall be borne by the Owners in accordance with their respective Proportionate
Shares. Each party hereby agrees to pay its Proportionate Share. Port Crossing and 65 LaPorte
shall, within fifteen (15) days of execution of the Agreement, pay the full amount of each party's
respective Proportionate Share to City, to be held by City in escrow and used by City (the
"Escrowed Funds") for the duration of the administration of the Contract. City hereby agrees
that it shall pay the amounts due and payable in any and all invoices received from the
Contractor ("Contractor Invoices") to the Contractor from the Escrowed Funds. City further
agrees that in the event the amount of the Escrowed funds is insufficient to pay the cost of the
Contractor Invoices submitted by Port Crossing, then City shall immediately provide written
notice to the Owners ("Insufficient Funds Notice"). If, during the course of City's administration
of the Contract and oversight of the construction of the Project, the costs of the Project exceed
the costs approved in the Approved Budget and paid by Port Crossing and 65 LaPorte in
accordance with this Section 2.3, then City shall promptly notify Owners of same and provide
Contractor's written estimate of additional cost ("Additional Cost"). Owners shall, within fifteen
(15) days of receipt of notice from City of an Insufficient Funds Notice or an Additional Cost,
pay to City the amount of such Additional Cost or amount due under the Insufficient Funds
H-Public Ri&—O_ Way IM—vem-Land_F-dinp—Ag —eot v9(7383959)[II.DOC 3
Notice in a ratio of fifty percent (50%) by Port Crossing and fifty percent (50%) by 65 LaPorte,
such funds to be included as Escrowed Funds. However, if the Contractor (1) has completed its
work on the Project and fulfilled its duties under its contract, (2) submitted any and all necessary
invoices, and received any and all necessary payment, and (3) provided a written release of any
claims associated with its work on the Project, and the City determines that a portion of the
Escrowed Funds remain in its possession, then it shall, upon receiving written instruction from
Port Crossing, distribute the remaining portion of the Escrowed Funds in equal shares to both
Port Crossing and 65 LaPorte. Port Crossing and 65 LaPorte expressly agree that the City shall
have absolutely no legal obligations whatsoever to the Contractor, and further agree that City's
duties are limited to that expressly stated in this Section 2.3. Port Crossing and 65 LaPorte
hereby agree that each party shall indemnify City for any and all damages, of any type, sustained
by City in the performance of its duties set forth herein. City hereby agrees that the
Proportionate Share paid by Port Crossing and 65 LaPorte, respectively. represents costs that are
reimbursable by City from revenues received by the City from the sale of bonds by the City after
completion of construction of the Project, which reimbursement is subject to the term of the
reimbursement agreements between each of Port Crossing and 65 LaPorte with the City.
Section 2.4. Dispute Resolution. If a dispute exists between the Owners and City with
respect to the approval of any Plans for the Project, the Approved Budget, or the Additional
Costs, and such dispute is not resolved within five (5) business days following the written
demand from the disputing party to meet to attempt to resolve such dispute, then such dispute
shall be subject to mediation in accordance with the then current Mediation Rules of the
Construction Industry of the American Arbitration Association. Notwithstanding the foregoing,
if an immediate decision must be made as to any Plans for the Project or the approval of a budget
in order to prevent unreasonable delay in the construction of the Project, then the requesting
party may make the necessary decision with respect to the Plans and budget but such decision
shall continue to be subject to mediation as provided above.
ARTICLE III
DEFAULT AND REMEDIES
Section 3.1. Rights Upon Occurrence of a Default by Port Crossing. A "Port Crossing
Default" means the failure of Port Crossing to perform any obligation, covenant or agreement of
Port Crossing set forth in this Agreement and the failure to cure such default within thirty (30)
days following written notice from 65 LaPorte or the City of such failure or breach of this
Agreement. At any time following the occurrence of a Port Crossing Default which remains
uncured, 65 LaPorte may elect to do the following:
(a) If the Port Crossing Default involves a failure to pay such Port Crossing's
Proportionate Share of the Project, or an Additional Cost, 65 LaPorte may pay the
amount necessary to cure the Port Crossing Default and prevent construction on the
Project from ceasing, provided tat Port Crossing shall repay the amount paid by
65 LaPorte to cure the Port Crossing Default together with interest at an interest rate of
fifteen percent (15%) per annum no later than thirty (30) days after such payment by
65 LaPorte; and
H-Pablic_Right _of Way_lmpmvement_and Funding_Ag=ment v9(T3S365 9)ji)_DOC 4
(b) Pursue such other remedies which may be available to 65 LaPorte at law
or in equity, including, without limitation, the right to enforce specific performance of
Port Crossing' s obligations hereunder.
Section 3.2. Rights Upon Occurrence of a Default by 65 LaPorte. A "65 LaPorte
Default" means the failure of 65 LaPorte to perform any obligation, covenant or agreement of
65 LaPorte set forth in this Agreement and the failure to cure such default within thirty (30) days
following written notice from Port Crossing or the City of such failure or breach of this
Agreement. At any time following the occurrence of a 65 LaPorte Default which remains
uncured, Port Crossing may elect to do the following:
(a) if the 65 LaPorte Default involves a failure to pay such 65 LaPorte's
Proportionate Share of the Project, or an Additional Cost, Port Crossing may pay the
amount necessary to cure the 65 LaPorte Default and prevent construction on the Project
from ceasing, provided that 65 LaPorte shall repay the amount paid by Port Crossing to
cure the 65 LaPorte Default together with interest at an interest rate of fifteen percent
(15%) per annum no later than thirty (30) days after such payment by Port Crossing; and
(b) Pursue such other remedies which may be available to Port Crossing at
law or in equity, including, without limitation, the right to enforce specific performance
of 65 LaPorte's obligations hereunder.
ARTICLE IV
MISCELLANEOUS
Section 4.1. Port Crossings lndemniI . Port Crossing agrees to indemnify, defend,
protect and hold harmless 65 LaPorte and its respective officers, directors, partners, shareholders,
managers, members, agents and employees from and against any suit, demand, claim, cause of
action, loss, damage, injury, cost, liability or expense, including investigation costs and
attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen,
from the negligent acts or omissions or willful misconduct of Port Crossing or Port Crossing's
officers, directors, managers, employees, partners, agents and contractors in connection with the
construction of the Project, which indemnification obligation shall be subject to the laws of
comparative negligence.
Section 4.2. 65 LaPorte's indemni . 65 LaPorte agrees to indemnify, defend, protect
and hold harmless Port Crossing and their respective officers, directors, partners, shareholders,
managers, members, agents and employees from and against any suit, demand, claim, cause of
action, loss, damage, injury, cost, liability or expense, including investigation costs and
attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen,
from the negligent acts or omissions or4 willful misconduct of 65 LaPorte or 65 LaPorte's
officers, directors, partners, managers, employees, agents and contractors in connection with the
construction of the Project, which indemnification obligation shall be subject to the laws of
comparative negligence.
H-Public Right of Way_Imprrnemmn and_Funding Agreement_v9(738M_9)[1].POC 5
Section 4.3. Binding Effect. The obligations created hereunder shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs, successors and
assigns.
Section 4.4. Approvals/Consents. Unless expressly provided to the contrary in this
Agreement, with respect to any approval or consent by either Party under or pursuant to this
Agreement, such approval or consent shall not be unreasonably withheld, conditioned or
delayed. Unless provision is made for a specific time period, each response to a request for an
approval or consent required to be considered pursuant to this Agreement shall be given by the
Parry to whom directed within fourteen (14) days of receipt. Each disapproval shall be in writing
and the reasons shall be clearly stated. If a response is not given within the required time period,
and if the request for response shall state that the requested Parry shall be deemed, to have given
its approval or consent upon the failure of the requested Party to respond within the required time
period, then the requested Party will be deemed to have given its consent or approval.
Section 4.5. Governing Laws. This Agreement shall be construed and governed in
accordance with the laws of the State of Texas.
Section 4.6. Counterparts. This Agreement may be signed in several counterparts,
each of which shall be deemed an original, and all of such counterparts shall constitute one and
the same instrument.
Section 4.7. Construction And Interpretation.
(a) This Agreement and the Exhibits hereto contain all the representations and the
entire agreement between the Port Crossing, 65 LaPorte, and City with respect to the subject
matter hereof. Any prior negotiations, correspondence, memoranda or agreements are
superseded in total by this Agreement and Exhibits hereto. This Agreement has been fully
negotiated at arms length between the signatories hereto, and after advice by counsel and other
representatives chosen by such signatories, and such signatories are fully informed with respect
thereto.
(b) Whenever required by the context of this Agreement, (i) the singular shall include
the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and
vice versa and (ii) use of the words "including", "such as", or words of similar import., when
following any general term, statement or matter shall not be construed to limit such statement,
term or matter to specific items, whether or not language of non- limitation, such as "without
limitations, or "but not limited to", are used with reference thereto, but rather shall be deemed to
refer to all other items or matters that could reasonably fall within the broadest scope of such
statement, terms or matter.
(c) The captions preceding the text of each Article and section are included only for
convenience of reference. Captions shall be disregarded in the construction and interpretation of
this Agreement. Capitalized terms are also selected only for convenience of reference and do not
H-Public R ght_cf Way_lmprovement pd Funding -Agreement v9(738385_9)[1] DOC 6
necessarily have any connection to the meaning that might otherwise be attached to such term in
a context outside of this Agreement.
(d) Invalidation of any of the provisions contained in this Agreement, or of the
application thereof to any Person by judgment or court order shall in no way affect any of the
other provisions hereof or the application thereof to any other Person and the same shall remain
in full force and effect.
(e) This Agreement may be amended by, and only by, a written agreement signed by
all of the then current Parties. No consent to the amendment of this Agreement shall ever be
required of any Person other than the Parties, nor shall any Person other than the Parties have any
right to enforce any of the provisions hereof. For so long as Port Crossing owns any portion of
Port Crossing Tract, only Port Crossing shall be required to execute any such modification,
rescission or amendment as the owner of the Port Crossing Tract. For so long as 65 LaPorte
owns any portion of the 65 LaPorte Tract, only 65 LaPorte shall be required to execute any such
modification, rescission or amendment as the owner of the 65 LaPorte Tract. Each Party may
consider, approve or disapprove any proposed amendment to this Agreement in its sole and
absolute discretion without regard to reasonableness, but shall respond in writing to such request
within: fourteen (14) days following receipt of such request.
Section 4.8. Notices.
(a) All notices given pursuant to this Agreement shall be in writing and shall
be given by personal delivery, by facsimile, by United States express mail or other
established express delivery service (such as Federal Express), or by United States mail,
postage or delivery charge prepaid, certified return receipt requested, addressed to the
parties at the addresses set forth below, or to such other address as a party may designate
in written notice delivered to the other party:
Port Crossing: Port Crossing Land, LP
Attn: Russell D. Plank
3330 S. Sam Houston Parkway
Houston, Texas 77047
Telephone: (713) 578-1234
Facsimile: (713) 734-5544
65 LaPorte: 65 LaPorte, Ltd.
Attn: Jim Larson
Telephone:
Facsimile:
Zone: LaPorte Tax Increment Reinvestment Zone 41
Attn:
1-I-Puhfic_Itigltt of Way_fmpmvement_and_F-ding_ Ageemeat_y9(739355 9)[1].DOC 7
Telephone:
Facsimile:
Redevelopment
Authority; LaPorte Redevelopment Authority
Attn:
Telephone:
Facsimile:
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other party. All notices given pursuant to this
Agreement shall be deemed given upon receipt.
(b) For the purpose of this Agreement, the term "receipt" shall mean the
earlier of any of the following: (i) the date of delivery of the notice or other document to
the address specified pursuant to this section as shown on the return receipt, (ii) the date
of actual receipt of the notice or other document by the person or entity specified
pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to
deliver the notice or other document, the earlier of [a] the date of the attempted delivery
or refusal to accept delivery, [b] the date of the postmark on the return receipt, or [c] the
date of receipt of notice of refusal or notice of nondelivery by the sending party.
Section 4.9. Waiver. The failure of any Party to insist upon strict performance of any
of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or
remedies which that Party may have hereunder, at law or in equity and shall not be deemed a
waiver of any subsequent breach or default in any of such terns, covenants or conditions. No
waiver by any Party of any default under this Agreement shall be effective or binding on such
Party unless made in writing by such Parry and no such waiver shall be implied from any
omission by a Party to take action in respect to such default. No express written waiver of any
default shall affect any other default or cover any other period of time other than any default
and/or period of time specified in such express waiver. One or more written waivers or any
default under any provision of this Agreement shall not be deemed to be a waiver of any
subsequent default in the performance or the same provision or any other term or provision
contained in this Agreement.
Section 4.10. Time. Time is of the essence of this Agreement.
Section 4.11. Attorne 's Fees. In the event any entity initiates or defends any legal
action or proceeding to enforce or interet any of the terms of this Agreement, the prevailing
party in any such action or proceeding shall be entitled to recover its reasonable costs and
attorney's fees (including its reasonable costs and attorney's fees on any appeal).
H-Public Right_oF Way_Improvemem_and Pundivg_AW-me v4(738385_9)[1],DOC 8
Section 4.12. Negation of Partners. None of the terms or provisions of this
Agreement shall be deemed to create a partnership between or among the Parties in their
respective businesses or otherwise, nor shall it cause them to be considered joint venturers or
members of any joint enterprise. Each Party shall be considered a separate owner, and no Party
shall have the right to act as an agent for another Party, unless expressly authorized to do so
herein or by separate written instrument signed by the Party to be charged.
tSignature Page of Public fthi of Way Improvement and Funding Agreement]
I
ii.Nbec XSM_pf Way Improvemerrt and_Fimding,_Ageement v9(738385 9)[I]DOC 9
IN WITNESS WHEREOF, the Owners and CITY have executed this Agreement to be
effective as of the day and year first above written.
PORT CROSSING LAND, LP,
a Texas limited partnership
By: Port Crossing Land GP, LLC, its sole general
partner
By:
Russell D. Plank, Vice President
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this day of December, 2008,
by Russell D. Plank, Vice President of Port Crossing Land GP, LLC, a Texas limited liability
company, sole general partner of Port Crossing Land, L.P. a Texas limited partnership, on behalf
of said corporation and limited partnership.
Notary Public, State of Texas
Printed Name of Notary Public
My Commission Expires:
H Pablic Right_of Way hnpfovemeut_and_Funding_Agreemeat V9(738385 9)[I].DOC 10
65 LAPORTE, LTD.,
a
By: —
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me this day of December, 2008,
by of 65 LaPorte, Ltd., a on
behalf of said
Notary Public, State of Texas
F
Printed Name of Notary Public
My Commission Expires:
li-public.Rigbt_o Way_Improvemerkand Fvndin&_Ageement_v9(7383M_9)[E].DOC 11
TIRZ:
LAPORTE TAX INCREMENT REINVESTMENT
ZONE #1
By:—
Name -
Title:
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me this day of , 2008,
by of LAPORTE TAX INCREMENT
REINVESTMENT ZONE #1, on behalf of said TIRZ.
Notary Public, State of Texas
Printed Name of Notary Public
My Commission Expires:
ii-Public Right of Way_Emp--meltt_and_Fvnding—Agm ment v9(738355_9)[IIDOC 12
REDEVELOPMENT AUTHORITY
LAPORTE REDDEEELOPMENT AUTHORITY
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me this — day of 2008,
by of LAPORTE REDEVELOPMENT
AUTHORITY, on behalf of said Redevelopment Authority.
Notary Public, State of Texas
Printed Name of Notary Public
My Commission Expires:
H-Public Right of Way ]mpmvemery_aad Fuadiag_Agr eat_v9(738385 9)[1].POC 13
EXHIBIT "A"
Port Crossin Traci
H�public Right of Way_fmprovemeut and_Funding_Agreement v9('.38385 4)[11 DOC 14
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EXHIBIT "C"
Plans
A
16
H-PobHa Right o Way ]mpsnvement_and Funding Agreement_v9(738395 9)[1].➢OC
EXHIBIT 41;D99
Approved Budget
H-Public Right _of Way_3ffVmement_-d_Fvuding_Agr-meat y9(738385_9)[1].DOC 17
Exhibit D
"Approved Budget"
for Improvements to SH 146 & Wharton Weems Blvd. Intersection
Durwood Greene Construction Company - Low Bidder
Jones & Carter Engineering - Civil Design per contract
TEDSI -Traffic Control & Signalization Design per contract
Contingencies, including Legal for Tri-Party Agreement
Grand Total:
$304,869
$49,000
$15,000
31 131
$400,000
P.O. BOX 1388 - HOUSTON, TEXAS 77251-1386 • (713) 802-5000
October 20, 2008
CONTACT-. Dorf
Street Tie-in
Permit 08-0495RD
Hams County
SH 146 at Whalton Weems
Control Section 389-12
Mr. John Joerns
Assistant City Manager
City of La Pone
604 West Fairmont Parkway
LaPorte, Texas 77571
Dear Mr. Joerns:
Reference is made to the signed and sealed drawings dated on April 24, 2008, covering the street
tie-in within the light -of -way of SH 146 at Wharton Weems in Harris County. We offer no
objection to your request, as submitted by Jones & Carter, Inc., subject to the following
provisions:
1. It is expressly understood that the State does not purport hereby to grant any right, claim,
title, or easement in or upon this highway.
2. pavement structure within State right-of-way shall equal or exceed the existing pavement
structure.
3. The grantee acknowledges and fully accepts responsibility and liability for the design,
construction, maintenance, and operation of this proposed improvement. it is mutually
agreed and understood that the grantee will indemnify and save harmless the State from
any and all damage or loss that may develop due to this project.
4. All work on highway right-of-way shall be performed in accordance with State
instructions. The installation shall not damage any part of the highway, and adequate
provisions must be made to cause minimum inconvenience to traffic and adjacent property
owners.
5. Barricades and warning signs, and flagmen, when necessary, shall be provided by the
contractor or the owner. It is understood that the State considers proper traffic control
measures as those complying with applicable portions of the Texas Manual on Uniform
Traffic Control Devices required for adoption by the "Uniform Act Regulating Traffic on
Highways" (V.C.S. 6701d). THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
Permit No. 08-0495RD
October 20, 2008
Page 2
6. The work covered by this permit shall be so conducted that it will not interfere in any way
with any highway contract construction or repair work, or any State maintenance work that
may be done on this road. In the event that such interference occurs, you will cease
operations in the area involved until such time as the roadwork referred to above is
completed.
k 7. Performance of work within highway right-of-way will constitute your acceptance of the
terns herein listed.
8 This approval void if installation not complete within one year from date of approval.
9. This permit issued subject to a traffic control plan, which will be approved by the Agee
Engineer. No work within State right-of-way shall begin until this approval -has been
given.
10. It is mutually agreed and understood that the implementation and maintenance of the
traffic control plan shall be the responsibility of the grantee and the grantee shall indemnify
and save harmless the State fiom any and all damage or loss that may develop due to this
project.
Please notify Mr. Johnny Guice, Maintenance Section Supervisor, at telephone number
(281) 464-5540 at least 48 hours before beginning work so that he may have a representative
present.
LEM
Attachment
cc: Mr. Johnny Guice, wfattachment
Jones & Carter, Inc., Wattachment
E
Sincerely,
Michael W. Al ord, P.E.
Director of Maintenance
Houston Disttict
Permit to Construct Access Driveway Facilities
Fans 1a5a on Highway Right of Wa
(�vs�zooa) � Y g Y
(GSa-EPC)
Page 1 of
To: City of La Porte _ g�vy SH 146
604 West Fairmont Parkway Control 389
La Porte, Tx 77571
713-977-8291
(Phone)
Permit No. 08-0495 RD
Section i2
The Texas Department of Transportation, hereinafter called the State, hereby authorizes City of La Porte, hereinafter called. the
Permittee, to construct/reconstruct a Public access driveway on the highway right of way abutting highway number SH 146 in in
Harris County, located Wharton Weems.
Subject to the Following.
1, The Pernnittee is responsible for all costs associated with the construction of this access driveway.
2. Design of facilities shall be as follows and/or as shown on sketch and is subject to conditions stated below:
Provide street tie as shown on drawing Jump 4, 2008. As outlined in the letter dated 10-9-08 TxDOT will perfbgL permanent
signing, striping & si palization work.Grantee shall notify TxDOT` in writing Of the completion date 15 days in advance
of completion of the remaining work to allow scheduling of thesg items..
All Construction and materials shall be subject to inspection and approval by the State.
3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permittee, and the State reserves the right to
require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the
highway. Changes in design will be made only with approval of the State.
4. The Pormittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or
property damage sustained by reason of exercise of this permit.
5. Except for regulatory and guide signs at county roads and city streets, the Penuittee shall not erect any sign on or extending over
any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor stands, or tanks shall be
located at least 12 feet from the right of way lute to ensure that any vehicle services from these fixtures will be off the /ugh%vay
right of way.
6, The State reserves the right to require a now access driveway permit in the event of a land use change or change in driveway traffic
volume or vehicle types.
7. This permit will become null and void if the above -referenced driveway facilities are not constructed within six (6) months from
the issuance date of this permit.
8. The Permitt e, will contact the State's representative Mr. Johnny Guice at telephone (281) 464-5540 at least twenty-four (24) hours
prior to beginning the work authorized by this permit.
Texas Department of Transportation
October 2a, 20a8 SEE LE Date of Issuance Michael W. Alford, P.E -��
Director of Maintenance, Houston District
The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an
access driveway on the high -way right of way.
Date. Signed: -
(Property owner or owner`s representative)
=o
Permit to Construct Access Driveway Facilities
on Highway Right of Way
g
FOTM 10M
(Rev 912DD4)
(G SD-EPC)
Page I of 2
To:
Hwy. Permit No.
(blame)
Control Section
(Address)
(City, Slate, Zip) (Phone No.)
The Texas Department of Transportation, hereinafter called the State, hereby authorizes
hereinafter called the Permittee, to ® construct / ❑ reconstruct a
store, retail mail, farm, etc.) access driveway on the highway right of way abutting highway number
County, located -- --
Subject to the following:
1. The Permittee is responsible for all costs associated with the construction of this access driveway.
(residential, convenience
in
2. Design of facilities shall be as follows andfor as shown on sketch and is subject to conditions stated below:
All construction and materials shall be subject to inspection and approved by the State.
3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permittee, and the State reserves the right to
require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to
.the highway. Changes in design will be made only with approval of the State.
4. The Permittee shall hold harmless the State and its duly appointed agents and employees against any action for personal
injury or property damage sustained by reason of the exercise of this permit.
S. Except for regulatory and guide signs at county roads and city streets, the Permittee shall not erect any sign on or extending
over any portion of the highway right of way, and vehicle service fixtures such as fuel pumps, vendor stands, or tanks shall be
located at least 12 feet from the right of way line to ensure that any vehicle services from these fxtures will be off the highway
right of way.
6_ The State reserves the right to require a new access driveway permit In the event of a land use change or change in driveway
traffic volume or vehicle types.
7. This permit will become null and void if the above -referenced driveway facilities are not constructed within six (6) months from
the issuance date of this permit.
8. The Permittee will contact the State's representative
telephone, �__) , at least twenty-four (24) hours prior to beginning the work authorized by this permit.
Texas Department of Transportation
Rate of issuance Authorized Representative
4
The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an access
driveway on the highway ight of way.
Bate: (� 2� Signe
SPECIAL PROVISIONS FOR PERMIT NUMBER
08-0495
1. All Pipes used shall be Reinforced Concrete Pipe (RCP),
2. Culvert crossings within the 30-foot clear zone (parallel culverts) shall be required to have minimum 6:1
sloping ends known as Safety End Treatments (SETs). The culvert shall have sufficient length to allow the 6:1
slope to be achieved from the edge of pavement to the flowline at the end of the SET. Culverts that exceed 50'
in length shall have a junction box for clean out as specified by the Area Engineer.
3. Culverts larger than single 30-inch diameter (or larger than multiple 24-inch diameter culverts) shall require
safety pipe runners.
4. Riprap or stabilizing material shall be provided and installed by grantee at time of construction as directed by
Area Engineer.
5. FOR TXDOT MAINTAINED ASPHALT SURFACED PAVEMENT no concrete pavement or curbing shall
be allowed within State right of way. (See attached driveway profile.)
6. FOR TXDOT MAINTAINED CONCRETE SURFACED PAVEMENT, additional full -depth saw cuts may be
made as needed to facilitate removal of the concrete within the limits of the required full -depth cuts. Concrete
adjacent to the patch shall not be spalled or fractured by the removal procedure.(See attached driveway profile.)
7. Placement or removal of beautification on State right of way shall be under the direction of the Texas
Department of Transportation.
8. The Grantee certifies that its storm water runoff to the State's right of way shall not be contaminated by any
industrial processes or significant pollutants, and the State shall not be held liable for any pollutants entering
State right of way through storm water connections.
3. Grantee shall meet all Americans with Disabilities Act (ADA) and Texas Department of Licensing Regulation
(TDLR) requirements for items including but not limited to side walks and wheelchair ramps.
10. Grantee shall obtain overall environmental clearance with all appropriate regulatory agencies prior to beginning
construction. Approval of this request by TxDOT sloes not relieve the Grantee or its agents of this obligation.
11. Work performed on railroad right-of-way or easements controlled by others is subject to the concurrence of the
owner of said properties. Approval of this request by TxDOT does not relieve the Grantee of this obligation,
12. The complete permit package shall be on the project site at all times and available for review by TxDOT.
The Texas Department of Transportation will assist as follows:
1. Provide flow fine elevation and inspection of construction.
2. This permit issued subject to a traffic control plan, which will be approved by the Area Engineer. No work
within State right of way shall begin until this approval has been granted.
SPECIAL NOTE:
ADDITIONAL SPECIAL. PROVISIONS FOR STREET TIE-IN PERMIT
• Ali work within the state, highway right of way shall be performed in accordance with state
standards and specifications as to the installation and materials used.
• All materials and mix designs to be placed in TxDOT right of way must be obtained fiom
TxDOT approved sources and be of approved TxDOT mix designs.
• All utilities shall be located and adjusted prior to commencing work. The location of and
relocation and/or adjustment to any utilities shall be responsibility of the Contractor.
+ No valves, meter boxes, manhole covers, etc will be allowed in the pavement. These
appurtenances shall be relocated within the right of way as approved by TxDOT and the
utility owner.
+ All exposed dirt surfaces shall be seeded or sodded as specified by the Area Engineer.
+ 4:1 maximum slope on the ditch front slope is required.
• The use of one lane closure traffic control plans will not be allowed dig hours of 6 a.m. to
9 a.m. and 3:00 p.m. to 7 p.m. Monday through Friday as directed by the Area Engineer.
• The Contractor shall coordinate the sequence of construction and traffic control plan with
any adjacent construction or maintenance projects to ensure the uninterrupted flow of traffic.
+ In no event will an edge drop off be permitted during the hours of darkness. If the
Contractor, due to unforeseen circumstances is unable to complete a section before the end of
the work day, base material capable of vehicle support shall be pulled back to the existing
pavement edge on a 4:1 slope as shown on the attached overnight drop-off detail.
• The work shall be completed such that the roadway will be fully opened to traffic overnight.
No overnight lane closures will be permitted, unless otherwise approved by the Area
Engineer.
• Plastic drums shall be used for overnight delineation of off roadway work areas.
• Standard Pavement Markings shall be, placed according to the following standards:
PM (I)-OOA PM (3)-OOA PM (4)-OOA PM (5)-01 PM (6)-01.
• All raised pavement markers shall meet the requirements of Item 672, "Raised Pavement
Markers."
• Existing pavement markings shall be removed according to the requirements of Item 677,
"Eliminating Existing Pavement Markings and Markers" and shall be completely removed to
the satisfaction of the Area Engineer.
• Preformed plastic pavement marking shall not be used.
• The Advanced Warning signing shown on BC (1)-99 will be required. This includes the
following signs: EG 20-9 ER 20-5 with plaque CW 20-1D SG 20-1 with plaque and SG
20-5.
• Proposed signs or those, which require relocation, shall be done in accordance to the
following standards: SMD (Gen.)-02 & SMD (Slip-1)-02 thru SMD (Slip-3)-02.
• All pavement markings shall be Type I Thermoplastic and shall meet the requirements of
Item 666, "Reflectorized Pavement Markings." All pavement surfaces shall be clean or
surface preparation in accordance with Item 678 "Pavement surface Preparation for
Markings" will be required. A Type II marking as a sealer in accordance with this item shall .
be placed prior to the Type I marking for concrete pavement. All old asphalt pavement will
require a Type II marking as a sealer as specified by the Area Engineer.
• The Texas Universal Triangular Slip Ease Sign Supports will be required for all existing
signs to be relocated or proposed signs within TxDOT right-of-way.
• All trees requiring removal shall be planted on the TxDOT right-of-way as directed by the
Area Engineer.
• Wheel chair ramps must meet the requirements of the Standard PED-05 (4 sheets).
• The Contractor shall not create a dirt nuisance or safety hazard in any street. The pavement
shall be cleaned daily.
* Contractor shall get a traffic control plan approved at the Area Engineer 10 working days
prior to start of construction. Contractor is required to supply all sub -contractors with a copy
of this permit and approved traffic control plan, The contractor or sub -contractor is required
to contact the Maintenance Supervisor from 24 hours to 48 hours prior to commencing any
work.
I
ADDITIONAL SPECIAL PROVISIONS FOR ROADWAY IMPROVEMENT PERMIT
• Any adjustments made to traffic signals shall be overseen and inspected by the Texas
Department of Transportation Signal Operation and Maintenance Section. Contact Mr. Doug
Vanover at (713) 802-5661, 48 hours in advance of signal work.
• Should the existing roadway pavement be damaged, during the traffic control set up to place
traffic on the shoulder, it shall be repaired as specified by Area Engineer.
• The Contractor shall employ at his/her expense, an approved commercial testing laboratory
to pour and break concrete beams for determining concrete strength (Test method TEX-448-
A Flexural Strength.) Certified reports by a Professional Engineer of each break shall be
submitted to the TxDOT Area Engineer. The other required tests shall be TEX-415-A, slump
and TEX-416-A or TEX-414-A Entrained air. The frequency of sampling for flexural
strength shall be one test (2 beams) for each 3,000 s.y. Not less then one set of beams will be
required for each day's placement. This work shall be coordinated with TxDOT Area
Engineer's Office, 48 hours prior to pouring concrete.
I
E
IOUs I AiL
F=-
jiftmp"bbl,
Name of Applicant: ,Tones &
.Access driveway or Roadway Modification
of Facilities On Highway Right Of Way
U 1•02-06
:�arter, Inc. pied Paras III SH 146 and Wharton Weems Blvd
Mail Permit To: 6335 Gulfton. Suite 100
Contact Person:
369-1!.
Contact
Name ofsite
914 146 and ufhnrtnn Wr-e-mc nl,,,A
Houston, TX 70081 La Porte TX 77571
City state Zip Code City State Zip Code
E-mail a paraS jon=arter.co
Phone No. Fax No.
713-777-5337 713-777-5976
ACCESS REQUEST LOCATION & INFORMATION
Type of Access: ❑ Street Tie -In ❑ Commercial ❑ Private ® Public ❑ Temporary ❑ Sidewalk
Highway: SH 146 County: Harris
Is Highway within an incorporated city? Yes ❑ No City: LaPorte .
Property on which side of highway? ❑ North ❑ South ❑ East ® West
Name of closest cross street: Wharton Weems Blvd
KeyMap: 580K Total amount of property fiontage on TxDOT; 840 ft
NOTE: TEIMIPORARYDRIVEWAYSARE GOO FOR SIXMONTHS ONLY
Number of requested driveways: NA Width of requested driveway(s): NA
Number of requested street ties; _ 3 Width of requested street ties(s): I2 ft & 25 ft
Number of existing driveways to be modified: NA Width of requested
Rcturn radius: NA Width of median: NA
If open ditch, give inside diameter of nearest upstream and Type of highway design?
downstream pipes NA Curbed ❑ Open ditch ❑ Both
Does this commercial request include developed drainage coming to TxDOT?
❑ Yes ®No
If yes, complete the attached Access Permit Request Checklist, TxDOT Hydraulic
Section. If no, what drainage authority receives developed flow NA and
attach a copy of approval letter from the drainage authority.
Indicate the primary use for the property: Public ! ❑ Undeveloped Land
NOTE: ANY FUTURE DEVELOPMENT TO THIS SITE MUST BE REVIEWED
AND APPROVED BY TxDOT, OR THIS PERMIT WILL BECOME NULL AND
VOID
Is there a ramp or traffic signal located within 1000 feet of the OYes ❑No
proposed access?
If yes, show details on drawings,
Is there an existing roadway median opening near ❑ Yes N No
the proposed. driveway? If yes, indicate distance and directions to all openings
on your plans
KW
? lnnQ qq }Q-
LA PORTE REDEVRLOPNIENT AUTHORITY.
CITY OF LA PORTE. TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
3. Consider 8`h TIRZ Draw and General contractor statements and the sworn statements for
the Port Crossing Land LP for the period ending September 30, 2008.
LA PORTE REDEVELOPMENT AUTHORM
c/o Hawes Hill Calderon LLP
P.0, Box22167
Houston TX 77227 2167
713-595-1200 or FAX 713-541-9906
October 10, 2008
Mr. John Joems
La Porte Redevelopment Authority
c/o City of La Porte
604 West Fairmont Parkway
LaPorte, TX. 77571
Re: TIRZ Draw for Port Crossing Land LP
Dear John,
RECEIVED
0 C T 16 2008
CITY MANAGER'S
OFFICE
Via: DHL
Please find enclosed the 8th TIRZ draw and General contractor statements and the sworn
statements for Port Crossing Land LP for the period ending September 30, 2008. Please
note there are no expenses for this period. All the invoices that we received this past
month will be included on the next TIRZ draw when they will actually be paid.
Please let me know if you have any questions or concerns.
You can -contact me at 630-250-2903, or by email at: mstudtmann@,,mlrealtypartners.com
Sincerely,
Sofia Michis
cc: David Hawes, Russell Plank
The Chancellory, One Pierce Place, Suite 450 • Itasca, Illinois 60143 • phone (630) 250-2900 • fax (630) 250-2901
a
Port Crossing TIRZ Improvements
Draw Request#8
3rd Qtr ending September 30, 2008
Line Item
CC #
GL #
Invoice #
Vendor Name Amount Totals
Land Costs
12225
1200
Land -
Hard Costs
Infrastructure Construction Cost
12400
1200
139910
Jones & Carter -
12400
1200
Cadence McShane -
Lift Station Power
12485
1200
232-07-6
Angel Brothers -
12485
1200
Centerpoint Energy -
12485
1200
Centerpoint Energy -
Landscaping
24400
1200
HLS Enterprises -
24400
1200
HLS Enterprises -
3DR Design -
Civil Engineering and Contingencies
24150
1200
143742
Cotton Surveying
24150
1200
38070
Jacob & Hefner
24150
1200
145201
Janes & Carter -
24150
1200
141797
Jones & Carter -
24150
1200
143738
Jones & Carter
24150
1200
143048
Jones & Carter v
Land Clearing
12350
1200
08-1175-07155
WT Byler -
12350
1200
WT Byler -
Interest Expense
July - September 2008 133,741.19
133,741.19
Total for Draw # 8 $133,741.19
I
Fort Crossing TIRZ Improvements
Draw Request #8
3rd Qtr ending September 30, 200B
TOTAL
BALANCETO
ORIGINAL
SCOPE
REVISED
PREVIOUS
CURRENT PAID
BECOME
BUDGETCATEGORY
BUDGET
CHANGES
REALLOC_
BUDGET
PAID
REQUEST TO DATE
- DUE
USES OF FUNDS
Land Cost
2,300,000.00
0.00
0.00
2,303,000.00
2,300,000.00
0.00 2,300,000,00
0.00
Infrastructure Construction
7,723,000.00
64,810.40
0.00
7,787,810.40
6,959,101.63
0,00 6,959,101.63
828,708.77
Landscaping
300,000.00
350,000.00
0.00
660,000.00
268,711.05
0.00 268,711.05
381,288.95
Land Clearing
120,000.00
51,000.0D
O.DO
171,000.00
160,544.00
0.00 160,544.00
10,456.00
Cfvfl Engineering & Contingencies
1,303,000.00
(401,030.00)
(.00
901,970.00
578.345.61
0.00 578,345.61
323,624.39 "
Traffic Signalizaticn
. 0.00
125,000.00
0.00
125,00I)A0
0.00
0.00 O.OD
125.000.00
Lift Station Power
0.00
200,000.00
OAO
200,000.00
200,000.01)
0.00 200,000.00
0.00
Interest Expense -
0.00
1,222,553.17
0.00
1,2P2,553.17
1,088,811.98
133,741.19 1,222,553.17
0.00
TOTAL USES
11,746,000-00
1,612,333.57
0.00
13,358,333.57
11,555,614.27
133,741.19 11,689,255.46
1,669,078.11
SOURCES OF FUNDS
TIRZ
11,746,000.00
1,612,333.57
0.00
13,358,333.57
11,555,514.27
133,741A9 11,689,255.46
1,669,078.11
TOTAL SOURCES
11,746,000.00
1,612,333-67
0.00
13,358,333.57
11,555,514.27
. ... .........._
133,741.19 11,689,255.46
1,669,078.11
D.00
Approved By
�G /
Date
Original Budget Changed as of 07113/07
perlhe TIRZ board approval
i
-
5
Port Crossing Land LP
TIRZ Loan
Summary
Int, On Prior
Interest on
Date
Monthly
Month Oustd.
Current
Total
Funded
Funding
Balance
Interest Rate
Month
Loan Balance
Funding
Interest
05/24/06
Land Closing
2,300,000.00
2,30U00.00
8.25%
May
16,339.58
-
16,339.58
-
2,300,000.00
8.25%
June
15,812.50
-
15,812.50
-
2,300,000.00
8.25%
July
16,339.58
-
16,339.58
08/28/06
Misc Paid
242,317.73
2,542,317.73
8.25%
August
16,339.58
166.59
16,506.18.
-
2,542,317.73
8.25%
September
17,478.43
-
17,478.43
-
2,542,317.73
8.25%
October
18,061.05
-
18,061.05
11/15/06
Misc Paid
641,344.77
3,183,662.50
8.25%
November
17,478.43
2,204.62
19,683.06.
12/15/06
Misc Paid
630,305.85
3,813,968.35
8.25%
December
22,617.27
2,166.68
24,783.9�
2006 TOTAL
$
3,813,968.35
$ 145,004.33
-
3,813,968.35
8.25%
January
27,095.07
-
27,095.07
02/22/07
Fund Draw#3
2,154,275.50
5,968,243.85
8.25%
February
24,472.96
2,962.13
27,435.09
03/30/07
Fund Draw94
2,390,915.34
8,359,159.19
8.25%
March
42,399,40
547.92
42,947.32
04/04/07
Fund Draw #5
408,318,89
8,767,478.08
8.25%
April
57,4%22
2,432.90
59,902.12
05/18/07
Fund Draw #6
42,277.00
8,809,755.08
8.25%
May
62,285.63
125.95
62,411.58
06/19107
Fund Draw#7
298,529.82
9,108,284.90
8.25%
June
60,567.07
752.54
61,319.61
07/18/07
Fund Draw #8
119,456.79
9,227,741.69
8.25%
July
64,706.77
355.88
65,062.6E
08/16/07
Fund Draw#9
39,005,50
9,266,747.19
8.25%
August
65,555.41
134.08
65,689.5C,
09/21/07
Fund Draw#10
372,845.95
9,639,593.14
7.75%
September
59,847.74
722.39
60,570.13
10/23/07
Fund Draw#11
-
9,639,593.14
7.50%
October
62,255.71
-
62,255.71
11/30/07
Fund Draw#12
422,394.46
10,061,987.60
7.50%
November
60,247.46 .r
-
60,247.4E,
12/20/07
Fund Draw#13
202,944.32
10,264,931.92
7.25%
December
62,817.55
449.58
63,267.12
Not Funded as of 12/31/07
56,659.20
2007 TOTAL
$
6,507,622.77
$ 658,203.35
1/23/2008
Fund Draw#14
56,659.20
10,321,591.12
6.50%
January
57,455.11
92.07
57,547.18
2/15/2008
Fund Draw#15
-
10,321,591.12
6.00%
February
49,887.69
-
49,887.65
3/1312008
Fund Draw#16
36,480.90
10,358,072.02
5.25%
March
46,662.19
101.08
46,763.26
4/16/2008
Fund Draw#17
15,000.00
10,373,072.02
5,00%
April
43,158.63
31.25
43,189.88
5/22/2008
Fund Draw#18
51,622,11
10,424,694.13
5.00%
May
44,661.84
71.70
44,733.5E
6/23/2008
Fund Draw #19
42,008.00
10,466,702.13
5.00%
June
43,436.23
46.68
43,482.9C
7/31/2008
-
10,466,702.13
5.00%
July
45,064.97
-
45,064.9
8/31/2008
-
10,466,702.13
5.00%
August
45,064.97
-
45,064.97
9/30/2008
-
10,466,702,13
5.00%
September
43,61126
-
43,611,2@
2008 TOTAL
$ 419,345.66
$
. 146,111.01
Total Funding
$ 10,466,702.13
$ 1,222,553.34
Total Including Interest
7in'W— 1
5
1990 - present
1983 - 1990
1990 - present
Effective
Date
Rate*
10-OB-08
4.50%
04-30-08
5.00%
03-18-08
5.25%
01-30-08
6.00O/D
01-22-08
6.50 %
12-11-07
7.25%
10-31-07
7.50%
09-18-07
7.75%
06-29-D6
8.25%
05-10-OG
8.00%
03-28-06
7.750/a
01-31-06
7.50%
12-13-05
7.25%
11-01-05
7.DO%
09-70-05
6,75%
08-09-05
6.50%
06-30-05
6.25°!°
05-03-05
6.00%
03-22-05
5.75%
02-02-05
5.50%
12-14-04
5.25%
11-10-04
5,00%
09-21-04
4,75%
08-10-04
4.50%
06-30-04
4.251/a
06-27-03
4.00 %
11-07-02
4.25%
12-12-01
4.75%
11-07-01
5.00%
10 -03-01
5.50%
09-17-01
6.000/0
08-22-01
6.50 %
06-28-01
6.75%
05-16-01
7.00%
04-19--01
7.50%
03-21-01
6.00%
03--21-01
8.00%
http://www jpmorganchase.com/cmles?pagename=Chase4iref&uriname jpmo/aboutlne... 10/10/2008
LA PORTE REDEVELOPMENT AUTHORITY.
CITY OF LA PORTE, TEXAS
AGENDA, MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
4. Consider approval or other action with regard to authority invoices.
LA PORTE REDEVELOPMENT AUTHown
c/o Hawes Hill Calderon LLP
P_O. Box 22167
Houston TX 77227-2167
713-595-I200 or FAX 713-541-9906
La Forte Redevelopment Authority
Cash Flow Report, Inception to December
17, 2008
Cleared
Bank
Operating Account
For
Amount Subtotal Total
Revenues, 2007 - 2008
6/18/2007
Wire transfer from City of La Porte
fund account
$
986.35
5/24/2007
Wire transfer from City of La Porte
fund account
$180,113,08
5/29/2007
Deposit (see note below)
construction acct.
$
986.35
5/31/2007
Interest deposit, (4.75%)
$
$
186.11
694.04
6/29/2007
Interest deposit (4.75%)
$
705.54
7/31/2007
Interest deposit (4.75%)
$
688.02
8/31/2007
Interest deposit (4.75%)
$
630.32
9/28/2007
Interest deposit (4.66% }
$
28,463.00
10/24/2007
Wire transfer from City of La Porte
10/31/2007
Interest deposit (3.75%)
$
$
558.66
558,76
11/30/2007
Interest deposit (3,50%)
$
64,445.03
12/6/2007
Wire transfer from City of La Porte
12/31/2007
Interest deposit (3.25%)
$
$
715.47
673.46
1/31/2008
Interest deposit (2.50%)
$
409.42
2/2912008
Interest deposit (2.00%)
418.50
3/31/2008
Interest deposit (2.00%)
$
4/30/2008
Interest deposit (1.25%)
$
2726
1.
5/30/2008
Interest deposit (1.00%)
$
203.62
33
6/30/2008
Interest deposit (1.00%)
$
210 28
7/31/2008
8/12/2008
Interest deposit (1.00%)
Wire transfer from City of La Porte
fund account (LPISD)
$
58,395.08
8/28/2008
Wire transfer from City of La Porte
fund account (Harris Co)
$
28,784.00
8/29/2008
Interest deposit (1.00%)
$
$
245.60
264.00
9/30/2008
Interest deposit (1.00%)
$
175.87
10/31/2008
Interest deposit (0.650%)
$
237.56
11/28/2008
Interest desposit (0.930%)
$ 370,334.71 $ 370,334.71
Total, revenues
Cleared
Bank
Expenses
5/18/2007
Wire transaction fees
$
6.50
5/24/2007
Wire transaction fees
$
6.50
10/24/2007
Wire transaction fees
$
-6.50
11/30/2007
Wire transaction fees
$
6.50
8/12/2008
Wire transaction fees
$
8.00
8/29/2008
Wire transaction fees
$
8.00
$ 42.00 $ (42.00)
Checks paid.
5/26/2007
#101 Hawes Hill Calderon LLP
admin: inv 2677
$
3,500.00
5/29/2007
#102 La Porte RDA Construction Aect
xfer to construction acct
$
986.35
7/5/2007
#103 La Porte RDA Construction Acct
correct deposit error
$
986,35
7/19/2007
#104 Hawes Hill Calderon
admin + exp: inv 2691
$
4,222.02
7/19/2007
#105 Hawes Hill Calderon
admin + exp: inv 2716
$
2,261.83
8/23/2007
#106 Hawes Hill Calderon
admin + exp: inv 2773
$
3,984.16
9/27/2007
#107 Hawes Hill Calderon
admin + exp: inv 2779
$
3,813.98
12/12/2008
#108 City of La Porte
TIRZ reimb; inv #1833
$
2,555.95
#109 Check VOID
$
-
#110 Check VOID
$
-
2/29/2008
#111 Hawes Hill Calderon
admin & exp: invoices
$
12,101.16
2823, 2842,2858, 2900, 2929
9/5/2008
#112 City of La Porte
Inv. 2186, 2579
$
165.64
9/2/2008
#113 Hawes Hill Calderon LLP
inv. 2951, 2980,3007, 3036,
3060.3092
$
14,333.47
Total, Checks paid
$ 48,910.91 $ (48,910.91)
Checks submitted for approval 12117/08.
#114 Hawes Hill Calderon LLP Inv, 3101, 3165, 3146, 3164 $ 9,708.96
Total, Checks submitted $ 9,708,96 $ 9,708.96
Total, expenses
Fund balance, Operating Account as of December 17, 2008 $ 311,672.84
NOTE: Acting bookkeeper made error in recording the Construction account number on the deposit slip.
Check 103 reverses the error.
.ena0.zaAm_am'y-'-euyusr4°�-'i'"^'z sir+-�'x'xmnsqufias�gsiamn.tlrtecRvnarr�'sr^Hw..waPi5Nt�9vsl�F^vn�A+aura:y+-tmaair<.t���cmrv:atr_we:.rtneamxtttrevrr.tinsysuxrn•r:i�,fttx✓nay:mn�••�•�^nxa�r�.r.rnivuoe.•m:nrm,rmtom,•nr�+mnr-'n�w4.�+v.-.,Tn-��.rn,x��vu.i.x.,r.m..-e.+�r'.rn«n.uusumw:w�trrsnaan�mvx�um+m_�ra'.nnc..
xledged Securities .seaport as of 913012008 AMepBank
C'USIP
,Security Type
!fore Maturity
Original Face
Market Value
Pledge Code: fa345
Entity Name: LAPORTRE DEVELOPMENTAUTMORTY
Primary Bookkeeper: Susan Hill
Secondary Bookkeeper:
31371LRK7
FNMA PQO1. R255290
4 61112U14
S3r1r1,a00.r10
$123,212.81
831454JQQ2
SBA 1100L 1) 507663
4.85 4/25/2031
S550,000-00
$502,961.18
RD1C
3100.000.00
$100,000.00
Total Pledges: 3
S95
6,174,07
u�,�� A�M�a . mT,.ar •. wa�a,� �,,,m�.,n�� rr»gr,r.,r,� - R,,:�.�, , �. M,�.r<:v,a, h ,.,wa,"n.,rr.,.a,..,w, w„ .,, ,.,m,„ w �.r,
f IZZ"e, day, October 01, 2008 Page 425 of 450
Cleared
bank
La Porte Redevelopment Authority
Cash Flow Report, Inception to December 17, 2008
Construction Account
For
Amount
Subtotal Total
Revenues, 2007-2008
5/18/2007
Wire transfer by City of La Porte
fund account
$661,013.65
5/31/2007
Interest deposit (4.75%)
$ 1,204.30
6/29/2007
Interest deposit (4.75%)
$ 984.30
7/5/2007
Deposit Check 103 from Operating Acct
correct deposit error
$ 986.35
7/31/2007
Interest deposit (4.75%)
$ 1,024.54
8/31/2007
Interest deposit (4.75%)
$ 1,029.19
9/28/2007
Interest deposit (4.25%)
$ 961.41
10/31/2007
Interest deposit (3.75%)
$ 467.82
11/30/2007
Interest deposit (3.50%)
$ 377,56
12/31/2007
Interest deposit (3.25%)
$ 337.41
1/31/2008
Interest deposit (2.50%)
$ 285.96
2/29/2008
Interest deposit (2.00%)
$ 171.09
3/31/2008
Interest deposit (2.00%)
$ 38.83
4/30/2008
Interest deposit (1,25%)
$ 0.32
5/31/2008
interest deposit (1.00%)
$ 0,18
6/30/2008
Interest deposit (1.00%)
$ 0.17
7/31/2008
Interest deposit (1,00%)
$ 0.18
8/29/2008
Interest deposit (1.00%)
$ 0.18
9/30/2008
Interest deposit (0.98%)
$ 0.17
10/31/2008
Interest deposit (0.67%)
$ 0.12
11/28/087
Interest deposit (0.93%)
$ 0.16
$ 668,683,89 $ 668,883.89
Cleared
Bank
5/18/2007
Expenses
Wire transaction fees
bank fees
$ 6.50
$ (6.50)
6/1/2007
#101 65 La Porte Ltd. & ION Design Group LLC
offsite utilities
$ 60,067.70
6/1/2007
#102 65 La Porte Ltd. & Angel Brothers ...
offsite utilities
$350,025.48
10/4/2007
#103 65 La Porte Ltd. & Angel Brothers
Pay Req #4, offsite utilities
$ 23,765,93
10/4/2007
#104 65 La Porte Ltd.
Pay Req #4, offsite improvements
$102,558.37
12/11/2007
#105 65 La Porte Ltd.
offsite improvements
$ 22,669,65
2/29/2008
#106 65 La Porte Ltd.
offsite construction
$ 55,476.57
3/14/2008
#107 City of La Porte
city resources
$ 7,128.13
3/14/2008
#108 City of La Porte
city resources
$ 46,974,16
$ 668 6 65.99
$ 668,572.49
Total Expenses
Fund balance as of December 17, 2008
$ 211 AQ
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
TIRZ -La Porte # 1
604 W. Fairmont Pkuy_
LaPorte, TX 77571
STATEMENT
DATE i
12/12/2008
AMOUNT REMITTED
Page 1
DATE �INVOICENO.�
DESCRIPTION
CHARGES
PAYMENTS
BALANCE
9/1/2008
00003101
Sale; City of La Porte
$2,208.96
$2,208.96
10/1/2008
00003165
Sale; TIRZ -La Porte # 1
$2,000.00
$2,000.00
11/1/2008
00003146
Sale; City of La Porte
$2,000.00
$2,000.00
12/1/2008
00003164
Sale; City of LaPorte
$3,500.00
-$3,500_90
12/12/2008 Finance Charge
CURRENT 30 DAYS
$3,500.00
90 DAYS
$4,0W00
$0.00
90+ DAYS
$2,208.96
$0.00
AMOUNT DUE
$9,708.96
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
Bill To:
TIRZ -La Porte # 1
604 W. Fairmont Pkwy.
La Porte, TX 77571
Invoice #: 00003101
Date: 9/112008
Page: 1
Invoice
EXPENSE DETAIL (La Porte TIF01)
DATE CLIENT NO. VENDORIDESCRIPTION QTY U PRICE TOT REIM. I RILL
nQ -3-7 na ri PTIFn1 Mileaae to/from ROD Mtg. 78 $ D.5a5 $ 39.39 Y
Hawes Hill Calderon LLP
P.O. Box 22167
Houston. TX 77227-2167
Bill To:
TIRZ -La Porte # 1
604 W. Fairmont Pkwy.
LaPorte, TX 77571
Invoice #: 00003165
Date: 10/1/2008
Page: 1
Invoice
DATE
DESCRIPTION
AMOUNT
I
i
I
I�
f
I
Professional Consulting & Administrative Fees, October 2008
$2,000.00
Sales Tax:
$0.00
Total Amount:
$2,000.00
Amount Applied:
$0.00
Balance Due:
$2,000.00
T..... -. !" n rN
Hawes Hill Calderon LLP
P.O_ Box 22167
Houston TX 77227-2167
Bill To:
TIRZ -La Porte # 1
604 W. Fairmont Pkwy.
La Porte, TX 77571
Invoice #: 00003146
Date: 11/1/2005
Page: 1
Invoice
T..— —. f� d 1 r%
Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
Bill To
TIlZZ -La Porte # 1
604 W. Fairmont Pkwy.
LaPorte, TX 77571
Invoice #:
00003164
Date:
12/1/2008
Page:
1
Invoice