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HomeMy WebLinkAbout08-26-09 LPRDA/TIRZLa Porte Redevelopment Authority La Porte Tax Increment Reinvestment Zone august 26, 2009 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 AUGUST 26, 2009 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: 1. Call to order — Lindsey Pfeiffer, President; 2. Consider approval of the minutes of Board of Directors Meeting: a. August 27, 2008 b. May 27, 2009 3. Receive Nominations and Elect Officers; 4. Consider Fiscal Year 2008 La Porte Redevelopment Authority Audit;,�f 5. Consider La Porte Redevelopment Authority Fiscal Year 2009-10 Budget, 6. 'Ratify?Payments made La Porte Redevelopment Authority for Highway 146 Signal Project; 7. Consider Approval of 5% Payment to City of La Porte for Administrative Costs as Prescribed in the Tri Party Agreement, 8. Consider Extension/Renewal of Agreement with Hawes Hill and Calderon LLP for Board Management and Professional Services; 9. Receive and Discuss Reimbursement Agreement with La Porte 4b Corporation with regard to Sylvan Beach Restoration Project; { Y r ' 10. Consider approval or other action with regard to authority invoices,` 11, Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, progress of the signal/paving project, and Preserve at Taylor Bayou; 12. Board member comments; a. Matters appearing on Agenda; b. Inquiry of staff regarding specific factual information or existing policy 13. 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 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 IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION. David W. Hawes Executive Director Date Posted E LA PORTE REDEVELOPNIENT AUTHORITY, CITY OF LA PORTE, TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 2. Consider approval of the minutes of the Board of Directors meetings: a. August 27, 2008 b. May 27, 2009 I E LA PORTE REDEVELOPMENPAUTnoRrrY c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 La Porte Redevelopment Authority, City of LaPorte, Texas Minutes of the Board Meeting Held August 27, 2008 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, held a meeting, open to the public, on the 27�6' day of August 2008, and meeting was called to order at 6:30 p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Position I Dave Tumquist Position 2 Alton Porter Position 3 Horace Leopard Position 4 Doug Martin Position 5 JJ Meza Position 6 Michael Say Position 7 Chester Pool Position 8 Lin Pfeiffer Position 9 - Chairman and all of the above were present except Director Say, thus constituting a quorum. Also present at the meeting were John Joems, Michael Dolby, David Hawes, Gretchen Larson, Russell Plank, and Norman Reed. 2. Consider approval of the minutes of the February 27, 2008 Board of Directors meeting. Upon a motion duly made by Director Porter and being seconded by Director Turnquist, the board unanimously approved the minutes of February 27, 2007 meeting. x 3. Consider FY 2008-2009 Budget. Mr. Hawes gave an overview of the proposed budget. Upon a motion duly made by Director Porter and being seconded by Director Meza, the board unanimously approved the budget for FY 2008-2009. 4. Consider proposals for the preparation of Agreed -Upon -Procedure Reports for the reimbursement of Developers. Mr. Joems and Mr. Hawes explained the need for an Agreed -Upon Procedures Report for the reimbursement of development costs for Port Crossing. There was general discussion. Upon a motion duly made by Director Martin and being seconded by Director Leopard, the board unanimously approved hiring McCall Gibson to prepare the Agreed Upon Procedures Report. 5. Receive Report, Discuss and to provide staff with direction to draft a reimbursement agreement for a future agenda with regard to the Sylvan Beach Shoreline Rehabilitation Matching Grant. Mrs. Larson gave a report to the board with regard to the Sylvan Beach Shoreline Project, She indicated that the city was working with the General Land office and the county. She also indicated that since this is a project within the TIRZ Plan and that the board will be asked to participate in the funding. No action was taken. I (. Receive report with regard to the Lakes of Fairmont Green ]Project as it relates to fencing, intersection signalization and other related public improvements. Mr. Joerns and Mr. Hawes gave the board an overview of the issues related to the Lakes of Fairmont Green Project. 7. Consider approval or other action with regard to authority invoices. Mr. Hawes gave an overview of the invoices. Upon a motion duly made by Director Martin and being seconded by Director Porter, the board unanimously approved the invoices. S. Staff report and updates. Mr. flank updated the board on the status of Port Crossing. There was general discussion on the matter. No other staff reports were given. 9. Board member comments. There were no board comments. 10. ADJOURNMENT. Board Chair Pfeiffer adjourned the meeting at 7:35 PM. SIGNED: TITLE,: DATE: I ATTEST. TITLE: DATE: La Porte Redevelopment Authority, City of LaPorte, Texas Minutes of the Board Meeting Held May 27, 2009 CALL TO ORDER AND DETERMINATION OF QUORUM The Board of Directors of the La Porte Redevelopment Authority, City of LaPorte, Texas, held a meeting, open to the public, on the 27 h day of May 2009; the meeting was called to order at 6:30 p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas; and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Position 1 Dave Turnquist Position 2 Alton Porter Position 3 Horace Leopard Position 4 Doug Martin Position S JJ Meza Position 6 Lloyd Graham Position 7 Chester Pool Position 8 Lin Pfeiffer Position 9 - Chairman and all of the above were present except Director Porter, Director Antone and Director Graham, thus constituting a quorum. Also present at the meeting were Russell Plank (Port Crossing); John Joerns, Debbie Westbeld and David Hawes. Chairman Pfeiffer called the meeting to order at 6:30 p.m. 2. Consider approval of the minutes of the February 11, 2009 Board of Directors meeting. Upon motion made by Director Martin, seconded by Director Meza, the board voted unanimously to approve the minutes as presented. 3. Consider Agreed -Upon Procedures Report with regard to project costs incurred by Port Crossing Land, LP, a Texas limited partnership. Mr. McCall gave an overview of the Agreed Upon, -Procedures Report as it related to the documented project costs owed to Port Crossing. Upon motion made by Director Pool, seconded by Director Leopard, the board voted unanimously to approve the Agreed -Upon Procedures Report for Port Crossing. 4. Consider Reimbursement to Port Crossing Land, LP, a Texas limited partnership based upon accepted Agreed -Upon Procedures Report with regard to project costs. David Hawes gave an overview of the accounting detail related to the funds available to pay Port Crossing based upon the previously approved Agreed -Upon Procedures Report. Mr. Hawes recommended approval. Upon motion made by Director Meza, seconded by Director Turnquist, the board voted unanimously to pay $826,186.83 from the Redevelopment Authority Fund to Port Crossing. 5. Consider payment to City of La Porte in the amount of $100,000 for TIRZ and Redevelopment Authority start-up costs. Mr. Hawes and Mr. Joerns went over the purpose of the payment to the city. That being the City of La Porte had advanced funds for the operation of the Redevelopment Authority and TIRZ in the amount of $100,000 at no interest. Upon motion made by Director Martin, seconded by Director Pool, the board voted unanimously to approve the payment of $100,000 to the City. 6. Consider approval or other action with regard to authority invoices. Mr. Hawes presented the cash flow report and invoices. Upon motion made by Director Pool, seconded by Director Meza, the board voted unanimously to approve the report and invoices for payment as presented. 7. Receive Staff report and updates'with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, progress of the signal/paving project, and status of audit. David Hawes gave an update on the audit and the progress being made. Mr. Joerns gave an update on the SH 146/Wharton. Weems Project and that notice to proceed had been given to Durwood Green (Contractor) to proceed. Mr. Plank updated the board that they had plans for two more buildings, but are waiting for the economy to improve. Mr. Joerns gave the board an update on the Lakes of Fairmont Green Project and discussed the sale of property to the La Porte 1SD. Mr. Joerns gave the board an update on the Retreat at Bay Forrest Project with regard to .streets and drainage issues. 8. Board member comments a. Matters appearing on Agenda No Board Member Comments 9. Adjournment. Director Turnquist moved to adjourn; Director Martin seconded. The meeting adjourned at 7:18 PM. SIGNED: TITLE: DATE: ATTEST: TITLE: DATE: LA PORTE RE1]EVELOPMENT AvTHORITY, CITY OF LA PORTE, TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT; Agenda Item Materials 4. Consider Fiscal Year 200$ La Porte Redevelopment Authority audit. LA PORTE REAEVELOPMENT AUTHORITY c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 LA PORTE REDEVELOPMENT AUTHORITY ANNUAL FINANCIAL REPORT SEPTEMBER 30, 2008 PATTILLO, BROWN & HILL, L.z,_P. CERTIFIED PUBLIC ACC, UNTANTS 0 BUSINESS CONSULTANTS LA PORTE REDEVELOPMENT AUTHORITY TABLE OF CONTENTS SEPTEMBER 30, 2008 Page Number Independent Auditors' Report ................................................................................................ 1 Management's Discussion and Analysis............................................................................... 2-4 Basic Financial Statements: Statement of Net Assets and Governmental Fund Balance Sheet ...................................... 5 Statement of Activities and Governmental Fund Revenues, Expenditures and Changes in Fund Balance.................................................................... 6 Notes to Financial Statements ................ 7-10 Required Supplementary Information: Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — General Fund........................................:......................................... 11 Notes to Required Supplementary Information.................................................................. 12 s PATTILLO, BROWN & HILL,L.L.1?. CERTIFIED PUBLIC ACCOUNTANTS 2 BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT To the Board of Directors of La Porte Redevelopment Authority We have audited the accompanying financial statements of the governmental activities and each major fund of La Porte Redevelopment Authority (the "Authority") as of and for the year ended September 30, 2008, which collectively comprise the Authority's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Authority's management. Our responsibility is to express opinions on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates glade by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. M In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and major funds of the Authority as of September 30, 2008, and the respective changes in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. The management's discussion and analysis and budgetary comparison information on pages 2 through 4 and pages 11 and 12 are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. February 25, 2009 E 1 401 WEST HIGHWAY 6 0 P. O. BOX 20725 ■ WACO, TX 76702-0725 ■ (254) 772-4901 K FAX: (254) 772-4920 0 www.pbhcpa.eom AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 9 HILLSBORO, TX (254) 582-2583 TEMPLE, TX-(254) 791-3460 4 WHITNEY, TX (254) 694-4600 0 ALBUQUERQUE, NM (505) 266-5904 Management's Discussion and Analysis As management of the La Porte Redevelopment Authority (the "Authority"), we offer readers of the Authority's financial statements this narrative overview and analysis of the financial activities of the Authority for the fiscal year ended September 30, 2008. We encourage readers to consider the information presented here in conjunction with the basic financial statements which follow this section. Overview of the Authority The City of La Porte, Texas (the "City") authorized the creation of the La Porte Redevelopment Authority (the "Authority") by the Resolution No. 2000-19 passed on December 11, 2000. The Authority was set up as a local government corporation pursuant to provisions of Chapter 394 of the Texas Local Government Code. The Authority is organized as a public nonprofit corporation for the purpose of aiding, assisting, and acting on behalf of the City in the performance of its governmental function to promote the common good and general welfare of Tax Increment Reinvestment Zone (the "TIRZ") and neighboring areas and to promote, develop, encourage and maintain housing, educational facilities, employment, commerce and economic development in the City. The Authority may issue bonds with consent of City Council. The Authority is managed by a Board of Directors consisting of 9 members who are appointed by the Mayor with the approval of City Council. Financial Highlights: • The liabilities of the Authority exceeded its assets as of September 30, 2008, by $(293,847) (i.e. Net assets deficit). • The Authority's total net assets decreased by $293,847 during the year. • Cash and investments equaled $321,179. • Annual expenses consist of constructing of capital assets on behalf of the City and administrative costs. Overview of the Financial Statements: This discussion and analysis are intended to serve as an introduction to the Authority's basic financial statements. The Authority's basic financial statements comprise three components: (1) Management's Discussion and Analysis (this section); (2) government -wide financial statements, which include the fund financial statements, and (3) notes to the financial statements.. The financial statements include the Statement of Net Assets and Governmental Fund Balance Sheet and Statement of Activities and Governmental Find Revenues, Expenditures and Changes in Fund Balance that present information for the Authority as a whole and provide an indication of the Authority's financial health. 2 The Statement of Net Assets presents information showing how the Authority's net assets changed during the fiscal year. All changes in net assets are reported when the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected taxes). The Authority, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance related legal requirements. The Authority's funds are Governmental funds. Governmental fund financial statements focus on current sources and uses of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -tern financing requirements. The financial statements can be found on pages 5 through 6 of this report. The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the financial statements. The notes to the financial statements can be found on pages 7 through 10 of this report. Financial Analysis: As noted earlier, net assets may serve over time as a useful indicator of the Authority's financial position. As of September 30, 2008, the Authority's liabilities exceeded assets by $293,847. Only one year of government -wide information is available. La Porte Redevelopment Authority's Net Assets Assets Long-term liabilities Net assets: Unrestricted Total net assets (deficit) 2008 $ 321,179 615,026 ( 293,847} $ 293,847 Overall, the Authority had a decrease in net assets of $293,847. This decrease is primarily related to the Authority constructing capital assets on behalf of the City. El 3 La Porte Redevelopment Authority's Change in Net Assets Revenues: General revenues: Property taxes $ 260,201 Intergovernmental 100,000 Interest 14,632 Total general revenues 374,833 Expenses: General government 668,680 Total expenses 668,680 CHANGE IN NET ASSETS ( 293,847) NET ASSETS, BEGINNING - NET ASSETS, ENDING $ 293,847 Annual expenses consist of constructing capital assets on behalf of the City and administrative cost. Budgetary Highlights During the year, the Authority did not amend its budget. Expenditures were greater than appropriations primarily due to construction expenditures on behalf of the City being greater than anticipated in the current year. Long-term Debt The Authority owes $615,026 to the City of La Porte. During the year, the payable was reduced by $46,974. More detailed information about the Authority's long-term debt is presented in the notes to the financial statements. Discussion of Currently Known Facts, Decision or Condition in Fiscal Year 2008: As of January 1, 1999, the property tax base was $7,385,080. As of January 1, 2008, the tax property value is $73,258,653. The tax rate is $2.335 on each $100 of taxable value. Requests for Information, This financial report is designed to provide our citizens with a general overview of the Authority's finances. If you have any questions about this report or need any additional information, please contact David Hawes, P. O. Box 22167, Houston, Teas 77227. 4 LA PORTE REDEVELOPMENT AUTHORITY STATEMENT OF NET ASSETS AND GOVERNMENTAL FUND BALANCE SHEET SEPTEMBER 30, 2008 Statement of General Adjustments Net Assets ASSETS Cash and investments $ 321,179 $ - $ 321,179 Total assets 321,179 _ 321,179 LIABILITIES Due to City of La Porte - 615,026 615,026 Total liabilities - 615,026 615,026 FUND BALANCE/NET ASSETS Fund balance: Unreserved, undesignated 321,179 321,179 Total fund balance 321,179 321,179 Total liabilities and fund balance $ 321,179 Net assets: Unrestricted ( 293,847} 293,847 Total net assets $ 293,847 $L_293,847} i The accompanying notes are an integral part of these financial statements. 5 LA PORTE REDEVELOPMENT AUTHORITY STATEMENT OF ACTIVITIES AND GOVERNMENTAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE YEAR ENDED SEPTEMBER 30, 2008 Expenditures/expenses: Current: General. government Debt service: Payment to the City of La Porte Total expenditures/expenses General revenues: Property taxes Intergovernmental Interest Total general revenues Excess (deficiency) of revenues over (under) expenditures Change in feud balance/net assets Fund balance/net assets: Beginning Ending General $ 668,680 46,974 715,654 260,201 100,000 14,632 374,833 340, 821 (340,821) 662,000 $ 321,179 Statement Adjustments $ - $ 668,680 46,974 - 46,974 668,680 260,201 100,000 14,632 374,833 340,821 46,974 662,000 $ 615,026 The accompanying notes are an integral part of these financial statements. 6 ( 293, 847) $ 293,847 LA PORTE REDEVELOPMENT AUTHORITY NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 2008 L SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting;- Entity The City of La Porte, Texas (the "City") authorized the creation of the La Porte Redevelopment Authority (the "Authority") by the Resolution No. 2000-19 passed on December 11, 2000. The Authority was set up as a local government corporation pursuant to provisions of Chapter 394 of the Texas Local Government Code. The Authority is organized as a public nonprofit corporation for the purpose of aiding, assisting, and acting on behalf of the City in the performance of its governmental function to promote the common good and general welfare of Tax Increment Reinvestment Zone (the "TIRZ") and neighboring areas and to promote, develop, encourage and maintain housing, educational facilities, employment, commerce and economic development in the City. The Authority may issue bonds with consent of City Council. The Authority is managed by a Board of Directors consisting of 9 members who are appointed by the Mayor with the approval of City Council. Government -wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the activities of the government. Governmental activities are supported by property taxes and investment revenue. The statement of activities demonstrates the: degree to which the direct expenses of a given function are offset by program revenue. Direct expenses are those that are clearly identifiable with a specific function. Program revenue includes 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Property taxes and other items not properly included among program revenue are reported instead as general revenue. The government -wide and fund financial statements are provided for the governmental fund of the Authority with a column for adjustments between the two statements. Measurement Focus, Basis of Accounting; and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenue is recorded when earned and expenses are recorded when# liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenue in the year for which they are levied. (continued) 7 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Measurement Focus Basis of Accounting and Financial Statement Presentation (Continued) Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenue is recognized as soon as it is both measurable and available. Revenue is considered to be available when it is collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Authority considers revenue to be available if collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, are recorded only when payment is due. The Authority reports the following major governmental fund: The General Fund is the Authority's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. Private -sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government -wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. Assets Liabilities and Net Assets or E uit Receivables and Payables Property taxes are levied on October 1 and attach as an enforceable lien on property as of January 1. Statements are mailed on October 1, or as soon thereafter as possible, and are due upon receipt. All unpaid taxes become delinquent if not paid before February 1 of the following year. Governmental funds report deferred revenue in connection with receivables for revenue that is not considered to be available to liquidate liabilities of the current period. Governmental funds also defer revenue recognition in connection with resources that have been received, but not yet earned. As of September 30, 2008, the Authority does not have property taxes receivable or deferred revenue. Long-term Obligations In the government -wide financial statements, long-term liabilities are reported as liabilities in the governmental activities statement of net assets. In the fund financial statements, governmental fund types recognize the long-term obligation as other financing sources, during the current period. (continued) 8 L SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets Liabilities and Net Assets or Equity (Continued) Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. As of September 30, 2008, the Authority does not have reservations or designations of fund balance. Net Assets Net assets represent the difference between assets and liabilities. Net assets are reported as restricted when there are limitations imposed on their use either through the enabling legislations adopted by the Authority or through external restrictions imposed by creditors or laws or regulations of other governments. Estimates The preparation of financial statements, in conformity with generally accepted accounting principles, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual amounts could differ from those estimates. 2. STEWARDSHIP AND ACCOUNTABILITY Budgetary Information Expenditures exceeded appropriations by $384,122. This overrun was covered with existing fund balance. Deficit Net Assets A net asset deficit of $293,846 exists as of September 30, 2008. This deficit is the result of the Authority borrowing money .from the City of La Porte to finance capital improvements. As of September 30, 2008, the amount outstanding that was used to finance construction of assets was $615,026. I Z 3. DETAILED NOTES ON ALL FUNDS Deposits Custodial Credit Risk In the case of deposits, this is the risk that in the event of a bank failure, the Authority's deposits may not be returned to it. State statutes require that all deposits in financial institutions be fully collateralized by U. S. Government obligations or its agencies and instrumentalities, or direct obligations of Texas or its agencies and instrumentalities that have a fair value of not less than the principal amount of deposits. As of September 30, 2008, $221,179 of the Authority's $321,179 deposit balance was collateralized with securities held by the pledging financial institution. The remaining balance, $100,000, was covered by FDIC insurance. Long-term Obligations —Due to the Ciq of La Porte The City of La Porte financed capital improvements on behalf of the Authority. A payment schedule has not been determined between the City and the Authority. Long-term liability activity for the year ended September 30, 2008, was as follows: Beginning Ending Balance Additions Reductions Balance Governmental activities: Due to the City of La Porte $ 662,000 $ 662,000 $ - $ 46,974 $ 615,026 $ - $ 46,974 $ 615,026 10 REQUIRED SUPPLEMENTARY INFORMATION LA PORTE REDEVELOPMENT AUTHORITY SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2008 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES Property taxes $ 121,439 $ 121,438 $ 260,201 $ 138,763 Intergovernmental 231,348 231,348 100,000 ( 131,348) Interest - - 14,632 14,632 Total revenues 352,786 352,786 374,833 22,047 EXPENDITURES Current: General government 331,532 331,532 668,680 { 337,148) Debt service: Payment to the City of La Porte - - 46,974 46,974 Total expenditures 331,532 331,532 715,654 384,122 Change in fund balance/net assets 21,254 21,254 { 340,821) ( 362,075) FUND BALANCE, BEGLNNLNG 662,000 662,000 662,000 - FUND BALANCE, ENDING $ 683,254 $ 683,254 $ 321,179 $( 362,075) 11 LA PORTE REDEVELOPMENT AUTHORITY NOTES TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2008 BUDGETARY INFORMATION An annual budget is adopted on a basis consistent with generally accepted accounting principles. The legal level of control is a fund. Expenditures exceeded appropriations by $384,122, This overrun was covered with existing fund balance. i [IPA 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 5. Consider La Porte Redevelopment Authority Fiscal Year 2009-2010 budget. VA RE LA PORTE REnEvFLoPMENT AuTHopi y c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 La Porte Redevelopment Authority Tax Increment Reinvestment Zone Number One City of La Porte FY 2009-10 Proposed Budget 2008-09 2009-10 Approved 2008-09 Proposed Budget Estimated Budget Revenues: Beginning Fund Balance $ 289,059 $ 321,179 $ 204,068 City Transfer of TIRZ (Previous Years) $ - $ - $ - Estimated TIRZ Revenues $ 309,774 $1,334,099 $1,400,804 Interest on City TIRZ Funds $ 10,000 $ 5,365 $ 2,500 Estimated TIRZ Developer Advances $ - $ - $ - Lakes of Fairmont Greens $1,200,000 $ 200,000 $ - Retreat at Bay Forest $ - $ - $ - Port Crossing $ - $ 200,000 $ - Total Revenues $1,808,832 $ 2,060,643 $1,607,373 TIRZ. M&O Expenses: Administration and Project Management $ 42,000 $ 41,500 $ 42,000 Legal $ 5,000 $ - $ 5,000 Agreed Upon Procedures Reports $ 7,500 $ 5,000 $ 7,500 Annual Audit $ 3,500 $ 3,000 $ 9,000 Operating Expenses $ 2,500 $ 1,636 $ 3,000 Bank Expenses $ 50 $ 130 $ 60 City Loan Repayment $ 100,000 $ 100,000 $ - Total Expenses $ 160,550 $ 151,266 $ 66,560 Transfers City Administration Educational Facilities Total Transfers Capital Improvements City CIP Trunk Line Project TIRZ Developer Projects Lakes of Fairmont Greens Retreat at Bay Forest Port Crossing Ending Fund Balance $ 15,489 $ 39,350 $ 44,965 $ 59,736 $ 232,633 $ 244,264 $ 75,226 $ 271,983 $ 289,229 $ 1,200,000 $ 200,000 $ - $1,233,327 $1,058,177 $1,200,000 $1,433,327 $1,058,177 $ 373,058 $ 204,068 $ 193,407 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 6. Ratify Payments La Porte Redevelopment Authority Made for Highway 146 Signal Project, The following invoices were received and approved by the City of La Porte for payment from the Construction Account: Pay Application No. 1, Durwood Greene Construction Company $170,271.09 Coastal Testing Laboratories, Inc. 5,055.50 Total $175,326.59 Supporting documentation is provided in, the following agenda section, LA FORTE REDEVELOP1AtNT AUTnoRrrY c/o Halves Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 uwa�.uc�ct, City of La Porte Established 1892 June 12, 2009 Mr. David Hawes 0 Hawes Hill Calderon 10103 Fondren, #300 Finusto3 s, Texas 770,06 RE: SH 146 at Wharton Weems Blvd. Torn Lane — Pay Application Dear David, The attached pay estimate has been reviewed by the City of La Porte and it has been approved for modification_ The pay application has been reduced by $4,500. A payment of PaYment $170,271.09 ' recommended. Please process the enclosed pay application upon receipt. Sin ereiy,. t. e eld Economic Development Coordinator cc: John Joerns, Assistant City Manager C� f� f E 604 W. Fairmont Pkwy. • - La Porte, Texas 77571 9 (281) 471-5020 CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www. ci.1 a -pone. tx. us Phone.: (281) 471-50201 Fax (281) 470-5005 June 11, 2009 Danny Marcheli Durwood Greene Construction Co. P.O. Box 1338 Stafford, Texas 77497-1338 Re: SH 146 at Wharton Weems Blvd. Turn Lane - Pay Application Dear Marcheli, The City of La Porte is in receipt of pay application No.1 and it has been approved for payment with modification. The pay application has been reduced by$4,500. The reason for the reduction is line items # 30 and #31 have not been performed on this project. The pay application is currently being forwarded onto David Hawes for processing. 1f you have question or concerns please give me a call at 281-470-5065 Sincerely, zzy4e���-::��- Reagan McPhail Public Improvements Coordinator cc: David Hawes V URWOOD 10REENE CONSTRUCTION CO. P.O. Box 1338 Stafford, Texas 77497-1338 (281) 499-1551 LETTER OF TRANSMITTAL Date: June 3, 2009 TO: Port Crossing Land, L.P_ Attn: Mr. Ryan Lovell Fax (281) 499-1525 Re: SH 146 at V1'harton Weems Blvd Right Turn Lane & U-turn Lane Jots Number: DG 1591 No. Action Copies Description Required 1 Pay Estimate No. 1 Submittal 1 Partial/Final Waiver of Lien - `-- — Submittal Remarks. Copy To: Sincerely yours, Danny Marcheli Construction Manager rJ A ir, x CONTRACTOR: Durwood Greene Construction Co. P. O. Box 1338 Stafford, Texas 77497-1338 ENGINEER: Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 OWNER: Port Crossing Land, LP c/o Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 PROJECT: SH 146 at Wharton Weems Blvd Right Turn Lane and U-Turn Lane in La Porte, Texas CONTRACT UNIT CONTRACTI COMPLETEDTODATE POMPLETE ITEM DESCRLP_TION UfUIT OUANTI CY PRICE AMOUNI QU6 AMOUN I QUA GENERAL ITEMS 1 MOVE -IN & START-UP, INCL BONDS LS 1.00 15,000.00 15,000.00 2 PREPARATION OF R-O-W AC 1.00 12,000.00 12,000.00 TEMPORARY TRAFFIC CONTROL 3 TEMPORARY 4" SLD WK ZN PAV MRKG LF 776.00 2.00 1,552.00 4 TEMPORARY TRAFFIC CONTROL LS 1.00 15,000.00 15,000.00 PAVING & ROADWAY 5 EXCAVATION OF ROADWAY & CHANNEL CY 1,360.00 6 EMBANKMENT (DENS CONT) (TY C) CY 785.00 7 CONCRETE CURB (DOWEL) LF 1,335.00 8 REMOVAL OF CONCRETE CURB LF 880.00 9 LIME TREAT 6" SUBGRADE, INCL MIX & COMPACT SY 2,010.00 10 LIME FOR SUBGRADE (30 LB/SY) TON 30.00 11 CEMENT TREATED 6" BASE, INCL MIX & COMPACT SY 2,010.00 12 ASPHALT TREAT 8" STABILIZED BASE (BLACK BASE) TON 337.00 13 ASPHALT TREAT i" STABILIZED BASE (BOND BRKR) TON 53.00 14 HMAC 1.5" LEVEL -UP TON 70.00 15 HMAC 1.5" SURFACE TON 70.00 16 CONCRETE PAVEMENT (CRCP) (10") SY 831.00 PAVEMENT MARKINGS 17 INSTALL PROJECT SIGNS EA 4.00 18 TYPE I PAV MRKG, 8" SLID WHITE (THERMO) LF 660.00 19 TYPE I PAV MRKG, WHITE YIELD TRIANGLE (THERMO) LF 24.00 06/02/2009 04:50:49 PM 15.00 20,400.00 15.00 11,775.00 7,00 9,345.00 7.00 6,160.00 5.00 10,050,00 170.00 5,100.00 17.00 34,170.00 85.00. 28,645.00 180.00 9,540.00 200.00 14,000.00 200.00 14,000.0C 69.00 57,339.00 600.00 2,400.0C 3.00 1,980.0C 25.00 600.0C 1 of 3 1.00 15,000.00 1,00 12,000.00' 776.00 1,552.00 0.85 12,760.00 1,360.00 20,400.00 785.00 11,775.00 0.00 0.00 880.00 6,160.00 2,010.00 10,050.00 30.94 5,259.80 2,010.00 34,170.00 377.14 32,056.90 52.73 9,491.40 0.00 0.00 0.00 0.00 0.00 0.00 4.00 2,400.00 0.00 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DATE: 31-May-09 INVOICE NO.: 200905-132 JOB NO.: 1691 EST. NO.: 1 UUI QUANTI CY 0.00 1.00 0.00 -1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0a T AMOUNT 15,000.00 12,000.00 R 776.00 1,552.00 0.85 12,750.00 1,360.00 20,400,00 785.00 11,775.00 0.001 0.00 880.00 6,160.00 2,010.00 10,050.00 30.94 5,259.80 2,010.00 34,170.00 377.14 32,056.90 52.73 9,491.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 2,400.00 0.00 0.00 0.00 0.00 0.00 0.00 1591 - SH 146 at Wharton Weems RTC & U-T.123 L' 1591 CONTRACTOR: Durwood Greene Construction Co. P. O. Box 1338 Stafford, Texas 77497-1338 ENGINEER: Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 ITEM 0E�81P� 20 TYPE I PAV MRKG, WHITE ARROW (THERMO) 21 TYPE I PAV MRKG, WORD "ONLY' (THERMO) 22 TYPE I PAV MRKG, 24" SLD YELLOW (THERMO) 23 RAISED PAV MRKRS (TYPE II C-R) 24 PAV SURF PREP, 8" 25 PAV SURF PREP, YIELD LINE 26 PAV SURF PREP, "ONLY' 27 PAV SURF PREP, ARROW 28 ELIMINATE EXIST PAV MRKRS (4") 29 ELIMINATE EXIST PAV MRKRS (ARROW & WORD) SWPPP 30 INSTALLIMAINTAIN CONSTRUCTION ACCESS 31 REMOVE CONSTRUCTION ACCESS 32 COMPOST (TOPSOIL) (BOS OR PB) (4") 33 DRILL SEED (PERM) (URBAN) (SANDY) 34 FERTILIZER 35 VEGETATIVE WATERING 36 TEMPORARY SEDIMENT CONTROL BARRIER, INLET ADDITION L ITEMS 37 SMALL RDSD SIGNS (TY 10BWG 1 SA P) 36 DITCH CLEANING & RE -SHAPING STORM SEWER 06/02/2009 04:50:49 PM OWNER: Port Crossing Land, LP c!o Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 PROJECT: SH 146 at Wharton Weems Blvd Right Turn Lane and U-Turn Lane in La Porte, Texas CONTRACT UNIT CONTRACT C OMPI FTED TO DAL AMQ�I UNIT QUANTITY P, RICE AM4U.NT QUANTITY EA 4.00 200.00 800.00 0.00 0.00 EA 4.00 200.00 800.00 0.00 0.00 LF 0,00 10.00 0.00 0.00 0.00 EA 53.00 5.00 265.00 0.00 0.00 LF 660.00 0.05 33.00 0.00 0.00 LF 24.00 30.00 720.00 0.00 0.00 EA 4.00 20.00 80.00 0.00 0.00 EA 4.00 20.00 80.00 0.00 0.00 LF 520.00 1.00 520.00 ' 0.00 0.00 EA 2.00 50,00 100.00 0.00 0.00 SY 450.00 7.00 3,150.00 450.00 3,150.00 SY 450.00 3.00 1,350.00 450.00 1,350.00 SY 1,140.00 2.00 2,280.00 0,00 0.00 SY 990.00 1.00 990.00 0.00 0.00 At, _ 1.40 700.00 980.00 0.00 0.00 MG 1.40 500.00 700.00 0.00 0,00 LF 160.00 7.00 1,120.00 0.00 0.00 EA 8.00 600.00. 4,800.00 0.00 O.00 LF 230.00 4.00 920.00 0.00 0.0c 2 of 3 DATE: 31-May-09 INVOICE NO.: 200905-132 JOB NO.: 1691 EST. NO.: 1 QUANTITY 0.00 AMOUNL 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0c 0.0c 0.0c P 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.o0 0.00 0.00 0.00 0.00 0.00 450,00 450.00 0,00 0.00 0.00 0.00 0.00 3,150.00 1,350.00 0.00 0.00 0.0C 0.0C 0.0c 0.00 0.00 0,00' 0.00 0.00 0.00 0.00 0.00 1591 - SH 146 at Wharton Weems RTL & U-T.123 CONTRACTOR: Durwood Greene Construction Co. P. O. Box 1338 Stafford, Texas 77497-1338 ENGINEER: Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston,Texas 77081 ITEM QEaQB2jQN 39 24" RCP (CL 111) & CONNECT TO EXIST 24" RCP 40 INLET (COMPL) (TY C1) 41 REMOVE INLET FROM EXIST 24" RCP Tolai Amount Earned To Date Less 10% Retention Net Amount Due Alter Retention Less Previous Estimates Net Amount Due OWNER: Port Crossing Land, LP c/o Jones & Carter, Inc. 6336 Gulfton, Suite 100 Houston, Texas 77081 PROJECT: SH 146 at Wharton Weems Blvd Right Turn Lane and U-Turn Lane in La Porte, Texas CONTRACT UNIT CONTRACT QoMpLEJEQj�Q DAIE AMOUNT MAN-= UNIT QUANTITY PRICE AM9.LENI QUANTITY LF 85.00 105.00 8,925.00 85.00 8,925.00 0.00 EA 2.00 3,000.00 6,000.00 2.00 6,000.00 0.00 EA 2.00 600.00 1,200.00 2.00 1,200.00 0.00 GRAND TOTAL 304.669.00 193,699.10 193,690,10 (19,369,01) 174,321.09 1_. 74,321.09 DATE: 31-May-09 INVOICE NO.: 200905-132 JOB NO.. .16911 EST. NO.: 'I UNI QUANTITY AMOUNT 0.00 65.00 8,925.00 �T 0,00 2.00 6,000.00 0.00 2.00 1,200.00 ,T_.. 0.00 1"$3,ii90.0 l���l9d" 0.00 -l-74,321.09 1'70 9, 0. 00 1743=21:09- Z0�J-7, 1591 - Shi 146 at Wharton Weems RTL & U-T.123 3013 0610,212aGg 04:50:49 PM - - PARTIALIFINAL WAIVER OF LIEN STATE OF TEXAS COUNTY OF FORT BEND The undersigned contracted by Port Crossing Land L.P. to furnish labor and materials in connection with certain improvements to real property located in La Porte, Texas and owned by Port Crossing Land L.P. which improvements are described as follows: SH 146 at Wharton Weems Boulevard in La Porte, Texas Right Turn Lane and U-turn Lane In consideration of Pay Estimate No. 1 in the amount of One Hundred Seventy Four Thousand Three Hundred Twee One and 091100 DOLLARS ($ 174,321.09) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the undersigned does hereby waiNe and, release any mechanics' lien or materialmen's lien or claims of lien that the undersigned has or hereafter has on the above -mentioned real property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished by the undersigned pursuant to the above -mentioned contract or any constitutional lien that the undersigned may have. Undersigned hereby guarantees that all bills for labor performed and/or materials furnished in the erection and construction. of such improvements on the Property have been fully paid and satisfied and Undersigned does further guarantee that if for any reason a lien or liens are filed for material or labor against said Property arising out of any bills for material or labor in connection with the erection or construction of said improvements thereon, Undersigned will obtain a settlement of such lien or liens and a proper release thereof shall be obtained. G, Durwood Greene Construction Co. CONTRACTOR By: Stephen W. Maynard Vice President SWORN TO AND SUBSCRIBED BEFORE ME, on this the 3rd day of June, 2009, to certify which witness my hand and seal of office. e� TAR' PUBLIC in and for the to of TEXAS My Commission Expires: i t S ti r City of La Porte Established 18 2 August 7, 2009 Mr. David Hawes Hawes Hill Calderon 10103 Fondren, #300 Houston, Texas 77096 RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application Dear David, The attached 3 invoices have been reviewed by the City of La Polte and have been approved for payment. A total payment of $5,055.50 is recommended. Please process the enclosed pay applications upon receipt. Sin ely, De ie Westbeld Economic Development Coordinator cc: John Joems, Assistant City Manager Check No* Date 8112 /?D.Rq_ 0110 To Coas t-a 1 Tpc, H nn For Laboratories Inc nv , Tax Deductible Previous Balance Deposits Check Amount 5055 SO Balance Forward New Balance y IN Gay of La Porte .......... Established 1892 August 7, 2009 Mr. David Hawes Hawes Hill Calderon 10103 Fondren, #300 Houston, Texas 77096 RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application Dear David, The attached 3 invoices have been reviewed by the City of La Porte and have been approved for payment. A total payment of $5,055.50 is recommended. Please process the enclosed pay applications upon receipt. Singqely, P ^.k De ie Westbeld Economic Development Coordinator cc: John Joems, Assistant City Manager 604 W. Fairmont Pkwy. La Porte, Texas 77571 (281) 471-5020 AC� ___COASTAL TESTINGLABORATORIES, I PASADENA 713-477-0121 • FAX 713-477-2277 • P_O. BOX 87653 • HOUSTON, TEXAS 77287-7653 I TO: I CITY OF LAPORTE JOENJOERNS 604 W. FA.IRMONT PARKWAY LAPORTE, TEXAS 77571 AUG 04 2009 MANAGER'S OFFICE Statement DATE 8/3/2009 AMOUNT DUE AMOUNT ENC. $5,055.50 DATE TRANSACTION AMOUNT BALANCE 06/30/2009 Balance forward 4,127.50 07/31/2009 tW #102410. Due 08/30/2009. 928.00 5,055.50 I r I 4 I II I CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS AMOUNT DUE DUE DUE DUE PAST DUE 928.00 1,495.50 2,632.00, 0.00 0.00 $5,�55.50 r/L COASTAL TESTING LABORATORIES, INC. PASADENA 713.477-0121 • FAX 713477-2277 • P.O. BOX 87653 HOUSTON, TEXAS 77287-7653 Date -Report# 1 Qt/ j Min Qty 090602-20397 3 4 8 8 - 1 1 1s.1. 1 1 1 1 090611-20504 1.5 1.5 4 4 12 1 1 090618 20598; 2 >_ :4 4 „ 4 I Invoice Date ;Invoice#, 6130/2009. 102194 Description I Rate I Amount RiGHT.TURNLANE STATE HIGHWAY 1.46 AT WHARTON WEEMS ROAD TECHNICIAN HOURLY QVUN.4) 3.8.00 152.00 IN PLACE DENSTTI' (MIN. 4) ; 20:00 150.00 EXTRACTION AND GRADATION .125.00 125.00 ASPHALT MOLDING 39.00 39.00 BULK DENSITY - LAB MOLDED 40.00 40.0.0 HVEEM. STABILITY SET 65.00 ..` 65.00 MAXIMUM THEORETICAL: SPECIFIC 60.00 60.00 GRAVITY. VEHICLE CHARGE 75.60 75.00 TECHNICIAN OVERTIME 57.60 85.50 TECHNICIAN `> 38.00 152.00 CYLINDERS .' 15.00 1SD:00 VEMCLE.CI ARGE 75.00 75.00 TECHNICIAN, HOURLY (MIN 4) 38.00 152.00 GYLINDEk§ ,' _ :. " 15 00 60.00 VEHICLE CHARGE 7500 75.00 T7?ere is a finance charge;of 1 5%per month on any invoice not paid Tv - in 30 U -'L COASTAL TESTING LABORATORIES, INC. PASADENA 713-4774121 • FAX 713-477-2277 • PO. BOX 87653 • HOUSTON, TEXA5 77287.7653 Date -Report ## I Qty 1 Min Qty 090520-20231= 2 ;: 2 TECE 2` TECP 2 2 PERC 1 : 1 VEM 090522-20274. 4' 4 TECI 1 1 OPT. (STA 1 1 PLM, 1, 1 OPT. (RAV 1 1 VER 090526-20301. 3.5: .4 TECI 5.; 5 1 PULE 1 1 I VEH n9n5���2n3 i 3' 2 : 4 T .C] Invoice Date..- lnvolce# 5131/200)1021 41 Description I Rate I Amount NICIAN OVERTIME ';' 57.00 114.00 NIC1AN' 38.00 76.00 ENT SOLIDS -LIME SLURRY 25.00 50.00 CLE CHARGE ''' 75 00 75,00 MCIAN HOURLY (MIN 4) ,' 38 00 152.00 MOISTURE DENSITY. RELATIONSHIP: 140.00 140:00 3.} (ASTM D698) . TICITY,:INDEX = STAB. SOIL 40.00 40.00 MOISTURE DENSITY REI.ATIONSHIl' 143 00 143.00 :CLE CHARGE 75.00 75.00 INI 4) 38.00 152.00 .. .N.HOURLY{MIN lERIZATION " 26.00 100.00 75 00 75.00 IMCIAN HOURLY (MIN 4) 38.00 152.00 -ACE DE14SJW.(MIN. 4 20 00 80.00 [CLE CHARGE: `° 75 00 (: 75;00 iNICIAN. HOURLY (MIIJ 4) 38 00 304.00 11CIAN OVERTIME 57 00 85.50 ACE DENSTTY;(I �1IN 20 00 120.00 .4} 3TIC= INDEX:`- STAB: SOIL 40.00 80.00 iCLE CHARGE - 75.00 75:00 NiCIAN OVER:TIIv1E 57.00 85.50 il,RQ OURLY (MIN 4) N H 38 00 228.00 LACE DENSITY'.6 II0 . Q 20 O $0.00 ICLE CHARGE 75.04 75:00 CheckNumber Check Date and correct to the best. of my kno>vledge." Amount Paid Date Received Coastal Testing Laboratories, Inc. 9 LA PORTE REbEVi LOPmENT AUTHORITY, CITY OF LA PORTS, TEXAS AGENDA MEMORANDUM ^ TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 7. Consider approval of 5% payment to the City of La Porte for administrative costs as prescribed in the Tri-Party Agreement. E LA PDRTE REDEvELop14rF,NT AuTrroxury do Hawes Hill Calderon LLP P.Q. Box22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 City of La Porte Administrative Fee Calculation 2009 . Transfer to La Porte Redevelopment Authority 4.7.09 Less Adjustments from prior years: 426,221.77 2000 1,177.03 2001 53.51 2002 (253.58) 2003 (14,952,42) 2004 (8,683.82) 2005 (6,637.84) 2006 (15,106.14) 2007 (25,062.21), Tax collections for 2008 5 % administrative fee due to the City for city collections Transfer to La Porte Redevelopment Authority 4.7.09 Less Adjustments from prior years: 356,756.30 519,803.19 2000 1,206.34 2001 (209.64) 2002 (46.78) 2003 (17,816.24) 2004 (8,807.40) j 2005 (6,534,04) 2006 (19,610.00) 2007 (37,740.30) Tax collections for 2008 430,245.13 5 % administrative fee due to the City for school district collections Total to be Billed to La Porte Redevelopment Authority $17,837.82 21,512.26 $39,350.07 INVOICE CITY OF LA PORTE 604 W FAIRMONT PARKWAY LA PORTE, TX 77571 (281) 471-5020 TO: LA PORTE REDEVELOPMENT AUTHORI ATTN. DAVID HAWES PO BOX 22167 HOUSTON, TX 77227 INVOICE NO: 5912 DATE: 8/06/09 CUSTOMER NO; 1905/144427 TYPE: MS - MISCELLANEOUS ------------------------------------------------------------------------------ QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 TIRZ 5% ADMIN FEES 39,350.07 39,350.07 DETAIL WORKSHEET ENCLOSED ********PROMPT PAYMENT IS APPRECIATED************ *FOR BILLING QUESTIONS CONTACT ANGELA @ EXT 5042* TOTAL DUE: $39,350.07 PLEASE -DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 8/06/09 DUE DATE: 8/26/09 NAME: LA PORTE REDEVELOPMENT AUTHORS CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS REMIT AND MAKE CHECK PAYABLE TO: CITY OF LA PORTE ATTN: ACCOUNTING DIVISION 604 WEST FAIRMONT PARKWAY LA PORTE TX 77571 (281)' 471-5020 INVOICE NO: 5912 TERMS: NET 20 DAYS AMOUNT: $39,350.07 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 8. Consider extension/renewal of agreement with Hawes Hill Calderon LLP for board management and professional services. VA LA PORTE REDEVELOPMENT AUTHORTrX c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 AGREEMENT BY AND BETWEEN LA PORTE REDEVELOPMENT AUTHORITY, REINVESTMUNT ZONE NUMBER ONE, CITY OF LA PORTE, AND HAWES HILL CALDERON LLP This agreement is made by and between La Porte Redevelopment Authority and Reinvestment Zone Number One, City of La Porte," (the "Clients") and Hawes Hill Calderon LLP (the "Contractor"). WITNESSETH: WHEREAS, the Clients desire that the Contractor provide certain professional and administrative services; WHEREAS, the Contractor has the employees, office operations, and knowledge to ably provide the professional and administrative services required by the Clients; NOW THEREFORE, for and in consideration of the premises and mutual covenants and agreements herein contained, it is agreed as follows: I. Engagement of Contractor The Clients hereby engage the Contractor, and the Contractor hereby agrees to provide, famish, or perform certain professional and administrative services with respect to the Zone and Public Improvement District including the services .,described on Exhibit A, annexed hereto. Such services herein collectively referred to as the "Services. 11. Compensation and Reimbursement to Contractor For and in consideration of the professional services to be performed by the Contractor specified in Exhibit "A," Scope of Professional Consulting and Management Services, of this Agreement, the Client agrees to pay the Contractor a fixed fee of TWO THOUSAND DOLLARS ($2,000.00) per month for project management services performed on behalf of the Clients and ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per meeting of the Board of Directors of the La Porte Redevelopment Authority and Reinvestment Zone Number One, City of La Porte, and '/4 of 1 % of the par amount of each bond series issued, if any, for services performed in connection with issuance of bonds. Reimbursable out-of-pocket expenses and other expenses and charges incurred by the Contractor in performing the Services under this Agreement shall be made on a monthly basis upon submission by the Contractor of invoices and other documentation setting forth such expenses and charges; provided, however, all expenses and charges proposed to be incurred by the Contractor for the performance of the Services shall be subject to the Clients' prior written approval. The Schedule of Maximum Charges and Rates of Hawes Hill Calderon LLP for the performance of the Services by the Contractor under this Agreement as set forth on Exhibit "B" attached hereto for reference are hereby approved by the Clients. The Clients expressly disclaim any liability for reimbursement to the Contractor of any amounts in excess of those approved in writing by the Client. Contractor shall tender to the Clients a detailed invoice of the services performed and the allowable reimbursable expenses incurred to the Clients each month during the term of this Agreement. Payments on account of services rendered and for reimbursable expenses incurred shall be made within 30 days after the Clients receive Contractor's detailed invoice therefor. In the event of a disputed or contested invoice, the Clients may withhold any such disputed or contested amount without penalty. III. Administrative Policies and Procedures The Contractor shall conduct the administrative activities of the Clients in accordance with the instructions and guidance of the Clients. IV. Accounts, Records, Accounting Reports and Audits The Contractor shall maintain the books of records and accounts of the Clients in order to establish the amount due by the Clients to the Contractor in accordance with this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. The Contractor shall provide free access to the Clients and allow for inspection and audit of all work, data, documents, proceedings, and activities related to this Agreement. Such right of access and audit shall continue for a period three (3) years from the date of termination of this Agreement. V. Compliance With Applicable Laws Concerning Redevelo ment Authorities Local Government Corporations, Tax Increment Reinvestment Zones and Public Improvement Districts The Contractor, in performance of its, duties under this Agreement for the Clients, will comply with all applicable provisions of Texas law and municipal ordinances concerning redevelopment authorities, local government corporations, tax increment reinvestment zones and public improvement districts under which these entities are created. VI. Right of Ownershiy All data, information, maps, books, reports, files, photography, artwork, software, equipment, and materials purchased, created or maintained by the Clients or purchased, created or maintained by the Contractor on behalf of the Clients shall remain the property of the Clients. It shall be clearly marked as property of the Clients in such manner that it may at any time be removed from the premises of the Contractor. Vil. Laws to be Observed In performing its obligations under this Agreement, the Contractor at all times shall observe and comply with all federal and state laws, local laws, ordinances, orders, and regulations of the federal, state, county, or city governments. The federal, state, `and local laws, ordinances, and regulations which affect those engaged or employed in the work, or the equipment used in the work, or which in any way affects the conduct of the work, shall be at all times in effect, and no pleas of misunderstanding will be considered on account of ignorance thereof. VIR. Successors and Assigns This Agreement shall bind and benefit the respective parties and their- legal successors, and shall not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer or director of the Authority or the Zone. IX. Character of Workers and.... Services provided for under this Agreement are being performed for the public benefit. The employees provided by the Contractor shall be competent and careful workers skilled in their respective trades. In performing its obligations under this Agreement, the Contractor shall not employ any person who engages in misconduct or is incompetent or negligent in the performance of his or her duties. The Clients retain the right to require the Contractor to remove from the performance of services provided for under this Agreement any employee who engages in (1) unethical or unprofessional conduct, (2) misconduct or other discourtesies toward the public, (3) conduct inconsistent with sound business practices or (4) other conduct inconsistent with the performance of work in an acceptable manner and at a satisfactory rate of progress to the Clients. Nothing herein is intended to, and the parties agree that this Agreement does not, create any third party beneficiary rights for any employee or other person. It is intended that any employee who engages in any services provided for under this Agreement is an employee -at -will of the Contractor. X. Conflict of Interest In keeping with Contractor's duties to the Clients, Contractor agrees that it shall not, directly or indirectly, become involved in any conflict of interest, or upon discovery thereof, allow such a conflict to continue. Moreover, Contractor agrees that it shall promptly disclose to the Clients any facts, which might involve any reasonable possibility of a conflict of interest. X1. Term and Termination This Agreement shall become effective as of the date executed by the Client and the Contractor as set forth on the signature page hereof and shall continue in force for a period of two (2) years from the date of execution, at which time this Agreement may be extended and the scope amended by mutual agreement of both parties. Either party may terminate this Agreement without cause at any time by giving the other party at least sixty (60) days' prior written notice thereof, specifying in such notice the effective date of such termination. In the event of termination, it is understood and agreed that only the amounts due the Consultant for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. 3 XII. Amendment or Modification Except as otherwise provided in this Agreement, this Agreement shall be subject to change, amendment, or modification only upon the written consent of the parties hereto. XIII. Disclaimer of Political SLipport.or.Affiliation The Clients expressly disclaim any political support or affiliation with the Contractor. Further, the Clients prohibit the Contractor, and the Contractor hereby agrees to comply with such prohibition, from expending any Zone or Authority funds, directly or indirectly, including any funds to be reimbursed by the Zone or Authority, on any political candidate, cause, parry, organization or activity. (EXECUTION PAGE FOLLOWS) AGREED AND ACCEPTED THIS _ DAY OF , 2009. On Behalf of Reinvestment Zone Number One: By: Name: David W. Hawes, Managing Partner Hawes Hill Calderon, LLP LLP ATTEST: By:_ Name: Title: By: Name: Chairman Reinvestment Zone Number One City of La Porte And on Behalf of La Porte Place Redevelopment Authority: By: By: Name: David W. Hawes, Managing Partner Name: Chairman Hawes Hill Calderon, LLP La Porte Redevelopment Authority ATTEST: By:_ Name: Title. k Exhibit "A" Scope of Professional Consulting, and Management Services Hawes Hill Calderon, LLP, will provide the following services: Professional Consulting and General Administration • Assign principal consultant David Hawes as the Authority's Executive Director/Zone Administrator and lead consultant responsible for managing and directing all professional team services provided to and on behalf of the Authority and Zone and their respective Boards of Directors as well as to the Public Improvement District + Provide full professional management, administrative and technical support services to the Authority, Zone and District • Serve as the Clients' liaison and advocate with the City of La. Porte, Harris County, agencies and departments of the State of Texas, and other interested parties • Provide expert testimony in public meetings and proceedings as requested by the respective Boards of Directors • Coordinate and provide professional services in conjunction with Clients' attorney concerning legal matters related to Board operations, implementation of Zone plan, and development agreements • Assist developers with regard to their development projects within the Zone • Work with City to resolve infrastructure issues as they arise + Work with developers to ensure that development agreement procedures are followed • Coordinate and work with City to prepare financing packages to reimburse developers for eligible project - related costs defined in each developer reimbursement agreement. This includes, but is not limited to, providing the City with necessary zone information, verifying eligible project costs and providing information briefings to elected City officials. Board Development and Administration • Coordinate and arrange all meetings of the respective Boards of Directors and their committees * Prepare all meeting agendas and ensure proper notification is made in accordance with state statutes and such other governing documents as may apply • Take and prepare minutes of Board meetings • Prepare resolutions, certificates and other official documents as may be required • Assemble and distribute reports and information packets for use at Board meetings • Develop and implement an orientation program to assist new Board members to carry out their duties and responsibilities and to understand the Zone's history, policies and procedures, and pertinent laws Information and Communications Management • Provide GIS and database management services as required • Assist in the coordination, communication and interface between the Boards of Directors, government officials and employees, contractors, developers, property owners, residents, and others regarding planned and actual Zone projects • Prepare or cause to be prepared reports, maps, charts and exhibits as requested by the respective Boards of Directors • Receive inquiries and respond to property owners, real estate agents and brokers, and other interested parties with respect to development issues that pertain to the Zone and the Redevelopment Authority Maintain records and files of the Authority and Zone consistent with the Texas Public Information Act, the Local Government Records Act, and all other applicable laws, rules and regulations + Monitor regulations and comply with reporting requirements of Secretary of State, City of Houston, and other regulatory bodies Financial Administration a Oversee all accounting and financial administration procedures of the Authority, Zone, and District • Administer the Authority, Zone and District budgets, including tracking income and monthly expenses in reference to the annual budget, monitoring expenses, preparing budget reports, assisting with annual budget preparation • Provide staff support to the Authority's Investment Officer, which includes the following: 1. Maintain the Authority'scompliance with the Public Funds Investment Act and Public Funds Collateral Act 2. Prepare and submit required annual disclosure statements to the Texas Ethics Commission 3. Compile and present information regarding investment opportunities that conform to the District's Investment Policy, Public Funds Investment Act and the Public Funds Collateral Act 4. Prepare quarterly investment reports fpr the Investment Officer's certification and presentation to the Board of Directors 7 I 5. Provide the Investment Officer with information regarding required biannual training programs 5. Assist Investment Officer and Board of Directors in an annual review and revision of the District's Investment Policy 7. Arrange for Authority's independent audit, providing necessary information and documentation 8. Oversee the Clients' consultant responsible for tracking zone values to assure that Clients' receive all monies due i q. Coordinate and work with financial consultants, the City of La Porte, and others on preparation of documents, financial projections, and related information required to carry out bond sales Contract Administration and Project Management + Prepare requests for proposals for professional services and bids for contract services as needed and as determined by the Boards of Directors • Analyze proposals and bids from prospective contractors and provide summary analyses for consideration of the Boards of Directors in decision -malting • Provide management oversight for all contractors, including such service providers as engineeriag(project management consultants, legal counsel; bookkeepers and financial advisors, public infrastructure construction contractors, security services, landscape services, and others that the Clients may employ from time to time • Interface with developers on development, financing, and property acquisitions issues Bond Services • Provide management oversight over the bond process • Provide communications and technical support with regard to the production of bond documents. • Interface with zone consultants, underwriters, rating agencies, and bond insurance companies with regard to the effective pricing and sale of contract revenue bonds • Produce economic base data to support the sale of the bonds. E 12 Exhibit "B" Schedule of Maximum Charges and Rates of Hawes Hill & Associates LLP Professional consulting and general administration monthly fixed fee: $2,000.00 • Board Development and Administration bid as package • Information and Communications Management bid as package • Financial Administration bid as package • Contract Administration and Project Management bid as package • Bond Services '/4 of 1 % of the par amount of each bond series Board meeting preparation, attendance and follow-up $1,500 per meeting Out-of-pocket expenses including, without limitation, the following: actual cost • prints, photocopies, reproductions, graphics, art supplies • postage, deliveries • long distance telephone calls • posting, filing and submittal fees • publication of public notices • parking fees and tolls . • travel, lodging and incidentals Automobile mileage directly attributable to this project shall be charged at the current rate allowable under Internal Revenue Service regulations. I LA PORTE REDEVEIAPMEN`I' AUTHORITY, CITY OF LA PORTE, TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 10. Consider approval or other action with regard to Authority invoices. E LA PQRTE REDEVELOPMENT AUTnoRITY c/o Hawes hill Calderon LLP P.O. Box22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 La Porte Redevelopment Authority Cash Flow Report, May 29 - August 24, 2009 Cleared Bank Construction Account For Amount Subtotal Total Beginning fund balance, May 29, 2009 $ 401,185.30 5/29/2009 Interest deposit (0.750%) interest $ 239.06 6/30/2009 Interest deposit (0.640%) interest $ 184.54 7/31/2009 Interest deposit (0.500%) interest $ 97.61 Total, revenues $ 401,706.51 $ 401,706.51 Cleared Bank Expenses Checks paid: 6116/2009 #109 Durwood Greene Construction Company Pay App #1 Total, Checks paid Checks outstanding 8/12/2009 #110 Coastal Testing Laboratories, Inc. Total, Checks outstanding Checks submitted for approval 812412009 #111 Durwoode Greene Construction Company Pay App #2 Total, Checks submitted Total expenses Fund balance, Operating Account as of August 26, 2009 $ 170,271.09 $ 5,055.50 $ 170,271.09 $ (170,271.09) $ 5,055.50 $ (5,055.50) $ 82,785.60 $ 82,785.60 $ (82,785,60) $ 258,112.19 $ 143,594.32 y 'a 4rM Established City of La Porte 92 7rIEX 1 August 17, 2009 Mr. David Hawes Hawes Hill Calderon 10103 Fondren, #300 Houston, Texas 77096 RE: SH 146 at Wharton Weems Blvd. Turn Lane — Pay Application Dear David, The attached pay estimate #2 has been reviewed by the City of La Porte and it has been approved for payment. A payment of $82,785.60 is recommended. Please process the enclosed pay application upon receipt. Sincerely, f Deb lie Westbeld Economic Development Coordinator cc: John Joerns, Assistant City Manager E 604 W. Fairmont Pkivy. • La Porte, Texas 77571 • (281) 471.5020 URWOOD REEVE CONSTRUCTION CO. P.O. Box 1338 Stafford, Texas 77497-1338 LETTER OF TRANSMITTAL Date; August 12, 2009 (281) 499-1551 Fax (281) 499-152-5 . TO: Port Crossing Land, L.P. Re: SH 146 at Wharton Weems Blvd City of La Porte Right Turn Lane & U turn Lane Attn: Mr. Ryan Lovell Job Number: DO 1591 Mr. John Joerns r No. - Action Copies Description _ A Re uired i Pay Estimate No. 2 Revision 1 Submittal 1 Partial/final Waiver of Lien Submittal Remarks: Copy To: Sincerely yours, Fo(t: Danny Marcheli Construction Manager 1� s K CONTRACTOR: Durwood Greene Construction Co. P. O. Box 1338 Stafford, Texas 77497-1338 ENGINEER. Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 OWNER: Port Crossing Land, LP c/o Jonas & Carter, Inc. 6335 Guifton, Suite 100 Houston, Texas 77081 PROJECT: SH 146 at Wharton Weems Blvd Right Turn Lane and U-Turn Lane in La Ports, Texas DATE: 26-Jun-09 INVOICE NO.: 200906-121 JOB NO.: 1591 EST. NO.: 2 Revision 1 ITEM �j=81PTION �C CONTRACT �.�� UNIT PRICE CONTRACT AMOUNT arc AMOUNT APLETE TH �jFSTOU l�tAE�It'EY g�.u� � 9MOUNT ;NEMLLTEMS 1 MOVE -IN & START-UP, INCL BONDS LS 1,00 15,000.00 15,000.00 1.00 15,000.00 1.00 15,000.00 0.00 0.00 2 PREPARATION OF R-O-W AC 1,00 12,000.00 12,000.00 1.00 12,000.00 1.00 12,000.00 0.00 0.00 TEMPORARY TRAFFIC CONTRQI 3 TEMPORARY 4" SLID W K ZN PAV MRKG LF 776,00 2.00 1,552.00 776.00 1,552.00 776.00 1,552.00 0.00 0.00 4 TEMPORARY TRAFFIC CONTROL LS 1.00 18,000.00 15,000.00 0.95 14,250.00 0.85 12,750,00 0-10 11500.00 PAVING & ROAMAY 5 EXCAVATION OF ROADWAY & CHANNEL Cy 1.360,00 15.00 20,400.00 1,360,00 20,400.00 1,360,00 20,400.00 0.00 0.00 6 EMBANKMENT (DENS CONT) (TY C) Cy 785.00 15.00 11,775.00 785.00 11,775.00 785.00 11,775.00 0.00 0.00 7 CONCRETE CURB (DOWEL) LF 1,335.00 7,00 9,345.00 650.00 4,550.00 0.00 0,00 550.00 4,550.00 8 REMOVAL OF CONCRETE CURB LF 880.00 7.00 6,160.00 $80.00 6,160.00 880.00 61160,00 0.00 0.00 9 LIME TREAT 6" SUBGRADE, INCL MIX& COMPACT SY 2,010.00 5.00 10,050.00 2,010.00 10,050.00 21010,00 10,050.00 0.00 0.00 10 LIME FOR SUBGRADE (30 LB/SY) TON 30.00 170.00 5,100.00 30.94 5,259.80 30.94 5,259.80 0.00 0.00 11 CEMENT TREATED 6' BASE, INCL MIX & COMPACT SY 2,010.00 17.00 34,170,00 2.010.00 34.170.00 2,010.00 34,170.00 0.00 0.00 12 ASPHALT TREAT 8" STABILIZED BASE (BLACK BASE) TON 337.00 85.00 28.645.00 377.14 32,056.90 377.14 32,056,90 0.00 0.00 13 ASPHALT TREAT 1" STABILIZED BASE (BOND BRKR) TON 53.00 180.00 9,540.00 52.73 9,491.40 52.73 9,491.40 0.00 0.00 14 HMAC 1.5" LEVEL -UP TON 70.00 200.00 14,000.00 64.20 12,840.00 0.00 0.00 64.20 12,040.00 15 HMAC 1.5° SURFACE TON 7Q.00 2QQ.00 14,000.00 64,20 12,840,00 0.00 0.00 64.20 12A40.00 16 CONCRETE PAVEMENT (CRCP) (10") PAVEMENT_ MARKINGS SY 831,00 69.00 57,339.00 831.00 57,339.00 0.00 0.00 $81.00 5.7,339.00 17 INSTALL PROJECT SIGNS EA 4,00 600.00 2,400.00 4,00 2,400.00 4.00 2,400.00 0,00 0.00 18 TYPE I PAV MRKG, W SLD WHITE (THERMO) LF 660.00 3.00 11980.00 600.00 1,800.00 0.00 0.00 600.00 1.800.00 08I7212008 06:08:31 PM 1 of 3 1591 - SH 146 at Wharton Weems RTL & U-T.123 CONTRACTOR: Durwood Greene Construction Co. OWNER: Port Crossing Land, LP P. 0. Box 1338 efo Jones & Carter, Inc. Stafford, Texas 77497-1338 6335 Gunton, Suite 100 Houston, Texas 77081 ENGINEER: Janes & Carter, Inc, PROJECT: SH 146 at Wharton Weems 6335 Gunton, Suite 100 Right Turn Lane and U-Tun Houston, Texas 77081 is La Porte, Texas CONTRACT UNIT CONTRACT ITEM DESCR,emON UNIT O(JAIJTITY PRICE AMOUNT 19 TYPE I PAV MRKG, WHITE YIELD TRIANGLE (THERMO) LF 24.00 25.00 600.00 20 TYPE I PAV MRKG, WHITE ARROW (THERMO) EA 4.00 200.00 800.00 21 TYPE I PAV MRKG, WORD "ONLY" (THERMO) EA 4.00 200.00 800100 22 TYPE I PAV MRKG, 24" SLD YELLOW (THERMO) LF 0.00 10.00 0.00 23 RAISED PAV MRKRS (TYPE It C-R) EA $3.00 5.00 265.00 24 PAV SURF PREP, 5- LF 660.00 0.05 33.00 25 PAV SURF PREP, YIELD LINE LF 24.DO 30.00 720.00 26 PAV SURF PREP, 'ONLY' EA 4.00 20100 80.00 27 PAV SURF PREP, ARROW EA 4,00 20.00 80.00 28 ELIMINATE EXIST PAV MRKRS (4") LF 520.00 1.00 520.00 29 ELIMINATE EXIST PAV MRKRS (ARROW & WORD) EA 2.00 50.00 100.00 SWPPP 30 INSTALUMAINTAIN CONSTRUCTION ACCESS Sy 450.00 7.00 3,15a.00 31 REMOVE CONSTRUCTION ACCESS SY 450,00 3.00 1,350.00 32 COMPOST (TOPSOIL) (SOS OR PB) (4") Sy 1.140.00 2.00 2,280.00 33 DRILL SEED (PERM) (URBAN) (SANDY) Sy 990.00 1.00 990.00 34 FERTILIZER AC 1.40 700.00 980.00 35 VEGETATIVE WATERING MG 1.40 500,00 700.00 $6 TEMPORARY SEDIMENT CONTROL BARRIER, INLET LF 160.00 7.00 1,120.00 fADD133ONAL ITEMS 37 SMALL RDSO SIGNS (TY 10BWG 1 SA P) E0. 8.00 600.00 4,600.00 38 DITCH CLEANING & RE -SHAPING LF 230.00 4.00 920.00 08/12J2009 05:0821 PM Blvd iLane COMPLETED TO DATE QUANTITY 0.00 AMQUNT 0.00 2,00 400.00 2.00 400.00 0.00 0.00 53.00 255.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 50.00 0,00 0.00 0.00 0.00 0.00 0.00 0.110 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 COMELETE QUANTITY 0.00 0.00 0.00 0.00 0.00 O.Do 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DATE: 25Jun-09 INVOICE NO.: 200906-121 JOB NO.: 1591 EST. NO.: 2 Revision 1 0.00 0.00 a.o0 a.a0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.oa 0.00 QUANTITY 0.00 2.00 2.00 0.00 53.00 0,00 0,00 0.00 0.00 0.00 1.00 0.00 «. O.aa 0.00 0.00 0.00 0.00 0.00 1691 0.00 400.00 400.00 0.00 265,00 0.00 0.00 0.00 O.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 O.Oo 0.00 0.00 0.00 0.00 1591 - SH 148 at WharWn Weems RTL& U.T.123 CONTRACTOR: Durwood Greeno Construction Co. P. O. Box 1338 Stafford, Texas 77497-1338 ENGINEER: Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 1mm DESCRIPTION STORM SEWER 39 24` RCP (CL Ill) & CONNECT TO EXIST 24" ROP 40 INLET (COMPL) (TY Cl) 41 REMOVE INLET FROM EXIST 24" RCP 1597 OWNER: Port Crossing Land, LP DATE, 25-Jun49 c/o Jones & Carter, Inc. INVOICE NO.: 200906-121 6335 Gulfton, Suite 100 JOB NO.: 1591 Houston, Texas 77031 EST. NO.: 2 Revision 1 PROJECT: SH 146 at Wharton Weems Blvd Right Turn Lane and U-Turn Lane in La Porte, Texas CONTRACT UNIT CONTRACT CO-MPLETED TO DATE Q APLETE IH15 F.UrAATE UNlT QUANTITY DICE AMni1NT 0U6NTITY AMOU QMNTI3Y AMOCiNT QUANTITY AMQU LF 85.00 105-00 8,925.00 85.00 B,925.00 85.00 81925.00 0.00 0.00 EA 2.00 3,000.00 6,000.00 2.00 6,000,00 2.00 6,000.00 0.00 0.00 EA 2.00 600.00 1,200.00 2.00 1,200.00 2.00 1,200.00 0.00 0.00 GRAND TOTAL 304.889.00 281.174.10 189.190.10 Maim Total Amount Earned To Dale 281.174.10 189,190.10 91,984,00 Less 10% Retention ,(28.11Z.4.) 118.919.01! (9.198.40) Net Amount Due After Retention 253,056.69 17o,271.09 82,713160 Less Previous Estimates 174.M.09 170.P71.09 Net Amount Due 2 7 P 00 82.765.60 09112/2009 05:09;31 PM 3 at 3 1591 - SH 146 at WhOon Weems RTL & U-T.123 d PARTIALIFINAL WAIVER OF LIEN STATE OF TEXAS COUNTY Or, FORT BEND f The undersigned contracted by Port Crossing Land L.P. to furnish labor and materials in connection with certain improvements to real property located in La Porte Texas and owned by Port Crossing Land, L.P. which improvements are described as follows: SH 146 at Wharton Weems Boulevard in La Porte, Texas Right Turn Lane and U-turn Lane In consideration of Pay Estimate No. 2 Revision I in the amount of Eighty Two Thousand Seven Hundred Eighty Five and 60/100 DOLLARS [$ 82,785.601 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the undersigned does hereby waive and release any mechanics, lien or materialmen's lien or claims of lien that the undersigned has or hereafter has on the above -mentioned real property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished by the undersigned pursuant to the above -mentioned contract or any constitutional lien that the undersigned may have. Undersigned hereby guarantees that all bills for labor performed and/or materials furnished in the erection and construction of such improvements on the Property have been fully paid and satisfied and Undersigned does further guarantee that if for any reason a lien or liens are Fled for material or labor against said Property arising out of any bills for material or labor in connection with the erection or construction of said improvements thereon, Undersigned will obtain a settlement of such lien or liens and a proper release thereof shall be obtained. burwood Greene Construction Co CONTRACTOR By; Stephen W. Maynard Vice President SWORN TO AND SUBSCRIBED BEFORE ME, on this the 12th day of Ausuz 2009 to certify which witness my hand and seal of office. rr JERRY L. BERRY TARY LIC in and for The State of TEXAS + * 11daryPublio State of Texas + � My Comm. Up. 06-09.2012 My Commission Expires: — — f La Porte Redevelopment Authority Cash Flow Report, May 29 - August 24, 2009 Cleared Bank Operating Account For Amount Subtotal Total Beginning fund balance, 5/29/2009 $ 1,253,385.64 5/29/2009 Interest deposit (0.750%) interest $ 746.56 6/30/2009 Interest deposit (0.640%) interest $ 210.56 7/31/2009 Interest (0.500%) interest $ 133.86 Total, revenues $ 1,254,476.62 $ 1,254,476.62 Cleared Bank Expenses Checks paid.• 5/28/2009 #104 Hawes Hill Calderon 6/2/2009 #101 City of LaPorte 6/2/2009 #102 City of La Porte 6/212009 #103 Patillo Brown & Hill LLP 611/2009 #105 Port Crossing Land LP Total, Checks paid Checks outstanding None Total, Checks outstanding Checks submitted tar approval 8/26/2009 #106 McCall Gibson Swedlund Barfoot PLLC #107 City of La Porte #108 Hawes Hill Calderon Total, Checks submitted Total expenses Fund balance, Operating Account as of August 26, 2009 Inv 3257, 3276, 3296 $ 7,812.92 Inv 4032 $ 79.69 reimbursement $ 100,000.00 $ 3,000.00 $ 826,186.83 $ 937,079.44 $ (937,079.44) AUP report $ 5,000.00 5912 (admin fees) $ 39,350.07 Inv 3316, 3329, 3363 $ 7,709.44 $ 52,059.51 $ (52,059.51) $ 265,337.67 La Porte Redevelopment Authority Cash Flow Report, May 29 - August 24, 2009 Cleared Bank Construction Account Beginning fund balance, May 29, 2009 5/29/2009 Interest deposit (0.750%) 6/30/2009 Interest deposit (0.640%) 7131/2009 Interest deposit (0.500%) Total, revenues Cleared Bank Expenses Checks paid. 6/16/2009 #109 Durwood Greene Construction Company Total, Checks paid Checks outstanding 8/12/2009 #110 Coastal Testing Laboratories, Inc. Total, Checks outstanding Checks submitted for approval 812412009 None Total, Checks submitted Total expenses Fund balance, Operating Account as of August 26, 2009 For Amount Subtotal Total $ 401,185.30 interest $ 239.06 interest $ 184.54 interest $ 97.61 $ 401, 706.51 $ 401,706.51 Pay App #1 $ 170,271.09 $ 170,271.09 $ (170,271.09) $ 5,055.50 $ 5,055,50 $ (5,056.50) $ $ 175,326.59 $ 226,379.92 McCALL GIBSON SWEDLUND BARFOOT PLLC Certified Public Accountants 73100 Wmflam Center Driue Smite 235 j Houston, Texas 77065 5610 (713) 462-0341 Fax (713) 462 2708 !-Mail., uegs&rrg4W11c.caur August 7, 2009 Tax Increment Reinvestment Zone No. 1 City of La Porte, Texas c/o Mr. David Hawes Hawes Hill Calderon, LLP 10103 Fondren Drive, Suite 300 Houston, TX 77096 Client Number-- 537-00 Preparation of Agreed -Upon Procedures Report for the Tax Increment Reinvestment Zone No. 1 reimbursable to Port Crossing Land, LP as of May 27, 2009. 7801 N Capital of Texas Hwy. Suite 350 Austin, Texas 78731-110 (512) 4I8-2358 Fax: (512) 340-0604 WW W.:MS4 nrlc.sniu Total Due 5,000.00 Me ker of Atrreriaan instigrte of Certified Public Acearnrtants Texas Society of Certified Public Accountrurts INVOICE CITY OF LA PORTE Oy�'_iZ..of 604 W FAIRMONT PARKWAY a LA PORTE, TX 77571 (281) 471-5020 TO: LA PORTE REDEVELOPMENT AUTHORI ATTN: DAVID HAWES PO BOX 22167 HOUSTON, TX 77227 INVOICE NO: 5912 DATE: 8/06/09 CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS ----------------------------------------------------------------------------- QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 TIRZ 5o ADMIN FEES 39,350.07 39,350.01 DETAIL WORKSHEET ENCLOSED ********PROMPT PAYMENT IS APPRECIATED************ *FOR BILLING QUESTIONS CONTACT ANGELA Q EXT 5042* TOTAL DUE: $39,350.07 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 8/06/09 DUE DATE: 8/26/;09 NAME: LA PORTE REDEVELOPMENT AUTHOR! CUSTOMER NO: 1905/144427 TYPE: MS - MISCELLANEOUS REMIT AND MAKE CHECK PAYABLE TO: CITY OF LA PORTE ATTN: ACCOUNTING DIVISION 604 WEST FAIRMONT PARKWAY LA PORTE TX 77571 (281) 471-5020 INVOICE NO: 5912 TERMS: NET 20 DAYS AMOUNT: $39,350.07' Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 TIRZ -La Porte # 1 604 W. Fairmont Pkwy. La Porte, TX 77571 Page 1 DATE IlWOICE NO. DESCRIPTION 6/1/2009 00003316 Sale; City of La Porte 7/1/2009 00003329 Sale; City of La Porte 8/1/2009 00003363 Sale; City of La Porte CHARGES PAYMENTS $2,204.35 $2,005.09 $3,500.00 STATEMENT DATE 8/17/2009 FAUT141fia� : i�1i111 BALANCE $2;204.35 $2,005.09 $3,500.00 8/17/2009 Finance Charge $0.00 $0.00 CURRENT 30 DAYS 90 DAYS 90+DAYS AMOUNT DUE $3,500.00 $4,209.44 $7,709.44 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 #: 00003316 Date: 6/ 1 /2009 Page: 1 Invoice DATE DESCRIPTION AMOUNT Project Management Services, June 2009 $2,000.00 Reimbursable expenses as follows: 2/I 8/2009 Fedex per attachment $20.82 2/18/2009 Fedex per attachment $20.82 5/22/2009 USPS per attachment $48.00 5/22/2009 USPS per attachment $4.80 5/22/2009 LISPS per attachment $9.60 Mileage, D. Hawes per attachment $42.90 In house copies & Binders 359 @ _15 each $53.85 In house postage $3.56 Sales Tax: $0.00 Total Amount: $2,204.35 Amount Applied: $0.00 Balance Due: $2,204.35 LISPS - Print Shipping Labels - Print Confirmation Page 1 of 2 . 0,7 Uff TED STAM - LU Posmcsswim Print Shipping Labels I Print Confirmation iU Printer Friendly Thank you for choosing the United States Postal Service® Printed Domestic Labels Transaction #: 141533442 Charged to: AMEX *'"*'4046 Labels Included: 10 Print Daterrime: 5122109 10:03:55 AM CDT Pack- a1, f I of 10 �-7Fi PEGGY ANTONE RESIDENCE 841 B COLLI NGSDALE RD Ship Date: 05/22109 Weight: libs Ooz From: 77096 Priority Mail Flat Rate Env Delivery Confirm. Label Total $4.80 $0.00 $4.80 LA PORTE, TX 77571-3633 Delivery Confirmation*"' Label Number 0103 8556 7497 1416 6518 2 of 10 'EE, JOHN JOERNS CITY OF LA PORTE PO BOX 1115 Ship Date: 05/22109 Weight: Ilbs Ooz From: 77096 Priority Mail Flat Rate Env Delivery Confirm. 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RegvamCarrier Pictktip> i Cmare New Libel > f ; Customs forms and shipping supplies are available from your local Post Office or can be ordered online. Save time online - Order a Scale! Order Self -Adhesive Labels! Order Free Shipping Supplies! Refer to your Shipping History for all paid labels printed within the last 6 months. Site Map Customer Service Forms Gov't Services Careers Privacy Porav Terms of Use Business Customer Gatew� CopyrightO 2009 USPS. All Rights Reserved. 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Delivery ConfirmationTm Label Number. 0103 8555 7498 0846 4001 Domestic Order Total: $9.60 Thank you for choosing the United States Postal Service@ Request a free package pickup from your carrier. ftrrq++est Cagier Pickup,, - � ateAle�s+[afrels Customs forms and shipping supplies are available from your local Post Office or can be ordered online. Save time online - Order a Scale! Order Self -Adhesive Labels! Order Free Shipping Supplies! Refer to your Shipping History for all paid labels printed wlihin the last 6 months. Site Mao Customer Service Forms Gov't Services Careers Privacy Policy Teens of Use Business Customer Gateway Copyright@ 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA 1 ., if - i . v----.I.-...._.Tr-..er.--..-.- '- ernnvnAnn 2/ 8::FEDEX#8W75L10.79850FedEx-4n-800-M-,1 • — Fe[�Ex#11-8(1b622-1i47 '. 20 82 '•. . r 'PO CI IY OF CA1�TE TiC,, �} i b�5 01-PRIn111 Y P1iC 2LB AWB86675p079115U. F YOi1F1FE�.I]EX`C[7�y7C11i��15041f�1'('IS'$0;95 7J1 S/48 fL7E �6675R0713880 Fedx1-800-fi221 _. FedExa�-80�-522=�14 20 62 r .... FAi3M •HILL4.7�`' f � - � L nE1ti4 0p# �'�11DRI7� �y�lIC 1BA11VBOW7500799fiff i'OUREI3EX CLfS70M DISCULIIVT l$,¢0 95 i 1 EXPENSE DETAIL (La Porte TlF01) DATE CLIENT NO. VENDOR/DESCRIPTION 05.27.09 CLPTIF01 Milea a toliroEn BOD Mt . WTOTTAL$ IM. BILL CLPTIF01 90 Y CLPTIF01 Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 Bill To: TIRZ -La Porte # 1 604 W. Fairmont Plcwy. LaPorte, TX 77571 Invoice #: 00003329 Date: 7/1/2009 Page:. 1 Invoice DATE DESCRIPTION AMOUNT Project Management Services, July 2009 $2,000.00 Reimbursable expenses as follows: In house copies 31 @ .15 each $4.65 In house postage $0.44 Sales Tax: $0.00 Total Amount: $2,005.09 Amount Applied: $0.00 Balance Due: $2,005.09 m.......n. r� .n n Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227 2167 Bill To: TIR Z -La Porte # 1 604 W. Fairmont Pkwy. LaPorte, TX 77571 Invoice #: 00003363 Date: 8/l/2009 Page: 1 Invoice DATE DESCRIPTION AMOUNT 8/26/2009 Project Management Services, August 2009 Board of Directors Meeting $2,000.00 $1,500.00 Sales Tax: $0.00 Total Amount: $3,500.00 Amount Applied: $0.00 Balance Due: $3,50Q00 qr-... -. r n r'b ................ -- - , x.� 1, , - , . . . . . .......... . . .. .. . - s : -, ,I �, — , �,� Pledged Securities Report as of 811912009 AMgyBank CUSIP Security Type Rate maturity Original Face Market J.atue m345 LAPORTE REDEVELOPMENT AUTHORITY 0 Prfmary Bookkeeper: Susan Hill Secondary Bookkeeper. 83164JQQ2 SBA POOL #507663 3.1 FDIC 412.51203J $550,000.00 S481,499.56 $250,000-00 $250,000.00 ....................... Total Pledges: 2 . . .... page OP 11 " ,;, , Trreschty, Arrgrrst 1$, 2009 AmeffBank ,Sldsan Hill 2500 T anglow lde St., Ste. 260 Houston, TX 770632140 Tel: 7135-410447 Fax: 7135419906 ta345LAPORTREDEVILOPn?'EN AUTHORTY Total BalaHce: a543,777,10 Interest -Bearing Balance; $543, 777.10 Total Pledged; $1,604,497.65 Excess Collateral: $1,281,342.84 This Release of Plcedged Collateral ("Release") is issueti pursuant to a Custodial Agreement and Confirm among the Depositor, Member-, Auregti Bank of Texas ("Bank"), and the Custodial Services Standard Terns and Conditions in effect and as published by the Bank from time to time, Both of ivI ich herehy incorporated into and made a part of this Release as if set for t)r firllt- herein. Please review the following list of securltv(ie&) identified to be releaser!. CUSIP Secudtjp Type hate Maturity Par Market Fal to 023108EK5 AMAFJLLO TX WTR c& ,SWR SYS 4 41112017 $470,000.00 3480,264,80 31349SD67 FHLMCARM POOL # 781025 4.417 111112033 $2,400,000.00 $546,590.95 31371LRK7 FNMA POOL #255290 4 6812014 $300,000.00 ,$94,83742 $3,170,000.00 $1,121,693.17 Please sign. this Release where, indicated and retunr via fa-E to (713)693-7512 atyour earliest Convenience. Sincerely, utt (a- The person executing this Release represents and Tvarrants that he. or .she has been dully authorized by the Depositor to exec•rrte and deliver to the Bank this Release. - --................................. -..... Authorized Representative or Bookkeeper hate. Amegy Signer Bate La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas Minutes of the Board Meeting Held August 27, 2008 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 27`s day of August 2008, and meeting was called to order at 7:36 p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas 7751 and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Position 1 Dave Turnquist Position 2 Alton Porter Position 3 Horace Leopard Position 4 Doug Martin Position 5 JJ Meza Position 6 Michael Say Position 7 Chester Pool Position 8 Lin Pfeiffer Position 9 - Chairman and all of the above were present except Director Say, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes, Gretchen Black, Russell Plank, and Norman Reed. 2. Lindsey Pfeiffer, Chairman 3. Consider approval of the minutes of the February 27, 2008 Board of Directors meeting Upon a motion duly made by Director Porter and being seconded by Director Martin, the board unanimously approved the minutes of February 27, 2008 meeting. 4. CONSENT AGENDA — ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION + ENTERTAIN A 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, CHAIRMAN A. Consider FY 2008-2009 Budget; B. Consider proposals for the preparation of Agreed -Upon -Procedure Reports for the reimbursement of Developers; C. Receive Report, Discuss and to provide staff with direction to draft a reimbursement agreement for a future agenda with regard to the Sylvan Beach Shoreline Rehabilitation Matching Grant; D. Receive report with regard to the Lakes 'of Fairmont Green Project as it relates to fencing, intersection signalization and other related public improvements; E. Consider approval or other action with regard to authority invoices; F. Staff report and updates; G. Board member comments; H. Adjournment. Upon a motion duly made by Director Markin and being seconded by Director Porter, the board unanimously I approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board Meeting and adjourned at 7:39 PM. SIGNED: ATTEST: TITLE: TITLE: DATE: DATE: I La Porte Tax Inurement Reinvestment Zone Number One, City of LaPorte, Texas Minutes of the Board Meeting Held May 27, 2009 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Tax Increment Reinvestment Zone Number One, City of La Porte, Texas, held a meeting, open to the public, on the 27th day of May, 2009; the meeting was called to order at 6:45 p.m. in the City Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, and the roll was called of the duly appointed members of the Board, to wit: Peggy Antone Position. 1 Dave Turmquist Position 2 Alton Porter Position 3 Horace Leopard Position 4 Doug Martin Position 5 JJ Meza Position 6 Lloyd Graham Position 7 Chester Pool Position. 8 Lin Pfeiffer Position 9 - Chairman and all of the above were present except Director Porter, Director Antone and Director Graham, thus constituting a quorum. Also present at the meeting were Russell Plank (Port Crossing); John Joerns, Debbie Westbeld and David Hawes. Chairman Pfeiffer called the meeting to order at 7:19 p.m. 2. Consider approval of the minutes of the February 11, 2009 Board of Directors meeting. Upon motion made by Director Martin, seconded by Director Pool, the board voted unanimously to approve the minutes as presented. 3. CONSENT AGENDA — ANY ITEM MAY BE REMOVED BY A BOARD MEMBER FOR DISCUSSION ENTERTAIN A MOTION AND A SECOND TO APPROVE THE TIRZ ITEMS IN THE SAME FORM AND MANNER AS WAS APPROVED IN THE PREVIOUS REDEVELOPMENT AUTHORITY MEETING E a. Consider Agreed -Upon Procedures Report with regard to project costs incurred by Port Crossing Land, LP, a Texas limited partnership; b. Consider Reimbursement to Port Crossing Land, LP, a Texas limited partnership based upon accepted Agreed -Upon Procedures Report with regard to project costs; c. Consider payment to City of La Porte in the amount of $100,000 for TIRZ and Redevelopment Authority start-up costs; d. Consider approval or other action with regard to authority invoices; e. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, progress of the signal/paving project, and status of audit; f. Board member comments with regard to matters appearing on agenda; g. Adjournment. Upon a motion duly made by Director Pool and being seconded by Director Martin, the board unanimously approved the consent agenda in the same manner and form as approved in the Redevelopment Authority Board Meeting and adjourned at 7:23 PM. SIGNED: TITLE: 117:r1CN ATTEST: TITLE: DATE: 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 August 26, 2009 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: Call to order — Lindsay Pfeiffer, President 2. Consider approval of the minutes of Board of Directors Meeting: a. August 27, 2008 b. May 27, 2009 3. 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. Receive Nominations and Elect Officers; b. Consider Fiscal Year 2008 La Porte Redevelopment Authority Audit; c. Consider La Porte Redevelopment Authority Fiscal Year 2009-10 Budget; d. Ratify Payments made La Porte Redevelopment Authority for Highway 146 Signal Project; e. Consider Approval of 5% Payment to City of La Porte for Administrative Costs as Prescribed in the Tri Party Agreement; f. Consider Extension/Renewal of Agreement with Hawes Hill and Calderon LLP for Board Management and Professional Services; g. Receive and Discuss Reimbursement Agreement with La Porte 4b Corporation with regard to Sylvan Beach Restoration Project; h. Consider approval or other action with regard to authority invoices; i. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, progress of the signal/paving project, and Preserve at Taylor Bayou, j. Consider approval or other action with regard to authority invoices; k. Receive Staff report and updates with regard to Port Crossing, Lakes on Fairmont Green, Retreat at Bay Forrest Development Project, progress of the signal/paving projcct, and status of audit; 1, Board member comments with regard to matters appearing on agenda and inquiry of staff regarding specific factual information or existing policy; FOR YOUR 101 VA E ass & askins P.C. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Ask= July 21, 2009 via email Mr. Ron Bottoms, City Manager Mr. John Joerns, Assistant City Manager Ms. Kathy Powell, Director of Finance Re: Russell Plank Tax Matter Dear Folks: Enclosed is copy of letter from the attorney for Russell Plank°s company, to the attorney for La Porte 81, Ltd., which sold the property to Russell Plank, in connection with the disputed agricultural roll back issue. When NPH pays the taxes, there is no reason that the various taxing agencies could not be dismissed from this litigation. I will keep you posted on the progress of this case. KWA:sw Enclosure E Your v ry truly, Knox W. Askins City Attorney City of La Porte 702 W. Fairmont Parkway, P.Q. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • rtaskins@swbeU.net ha nesboone July 17, 2009 Mr_ Craig Olivier ATTORNEY AT LAW 1414 W. Clay Houston, Texas 77019 : C ET, ]C I JUL 2 0 20o5 Y: Via CMRRR Re: No. 2008-59553; LaPorte 81, Ltd., et al. v. National Property Holdings, L.P., et al., In the 11" Judicial District Court of Harris County, Texas Dear Mr. Olivier: We have received the corrected tax bills from the City of La Porte and Harris County, which now reflect the rollback taxes owed for 2001 and 2002. The tax bills are enclosed for your reference. Looking at the tax bills, your client's claims, and the facts in this case, it seems that the parties should be able to resolve this matter without the need for further Court action. As you know, your client seeks to recover $116,455.62, which it claims to be the difference between the credit it gave at closing and rollback taxes that were previously billed. (incorrectly) to reflect only a portion of the total tax liability. The corrected tax bills show that an additional $109,697.52 is owed to the taxing authorities. Because the taxing authorities reasonably appear to have a superior claim to the $109,697.52, National Property Holdings, L.F. (`'NPH") intends to pay that amount to the taxing authorities. This means that the difference between the closing credit and the total rollback taxes is $6,758.10. NPH intends to apply this amount to the legal fees that your client has caused it to ineur as a result of this lawsuit. Texas law allows an interpleading party to recover attorneys' fees as costs from the claimant whose unsuccessful claim rendered the interpleader necessary. See Beneficial Standard Life Iris., Co. v. Trinity Nat'l Bank, 763 S.W.2d 52, 56 (Tex. App.---- Dallas 1988, writ denied). As you might expect, NPH has incurred much more than $6,759.10 in attorneys' fees as a result of your client's lawsuit. Yet NPH will forbear recovery of its remaining attorneys' fees provided that your client dismisses its lawsuit with prejudice upon NPH's payment of the taxes to the taxing authorities. Please let us know by Friday, July 24, 2009, if your client will dismiss its lawsuit. We look forward to resolving this matter without the necessity of the Court's intervention. Haynes and Boone, LLF; Mwneys and Counselors One Houston Cente, 1221 McKinney Sireet, Suite 2100 Houston, Texas 77010.2007 Phone: 713.547,200C Fcix 713.547.260C www.hor sboone.00m haynesboone Mr. Craig Olivier July 17, 2009 Page 2 Sincercly, Jacob T. Fain. Direct Dial. 713.547.2212 Direct Faz: 713.236.5658 jacohfain@haynesboone.com Enclosures cc: Mr. G. Wesley Urquhart G. WESLEY URQuRART, P.C. P.O. Box 272928 Houston, Texas 77277-2928 Ms. Susan M. Fillion Assistant County Attorney VINCE RYAN, HARMS COLNTY ATTORNEY 1019 Congress, 15`h Floor Houston, Texas 77002 Ms. Maureen R.M. Singleton TiiowsoN & HORTON LLP 711 Louisiana Street, Suite 2100 Houston, Texas 77002-2746 Mr. Knox W..Asklns AsxINs & AsKiNs, P.C. 702 West Fairmont Parkway P.O. Box 1218 La Porte, Texas 77572-1218 Mr. Robert P. McConnell OLSON & OLSON, L.L.P. Worthm Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019-2133 14-771199 2.130C Ka CMRRR Via CMRRR Via CMR" lia CMRRR Via CALk" 07107/2089 08. 21 7133602625 . HC SPECIAL- PROJECTS PAGE 02 < C0� DEU QUENT TAX STATEMENT SUMMARY a$ HARM CaUM TAX ASSMSOR COLLF) I O R loot FWTON AVJL. sum 140 ROUSTON, TEXAS 77002 Certified 0"er: 1..gLat JD"Cdpticp= L& lPDRTZ 31 LID TR it3 STUART HAYNSW O RTH GEN)eRAL ABET 30 w P HA1t1ttS E15 WALKER ST STE 1435 k3Lt7RT3'1 ON. TX 77001-5750 2003 Velaa S l.q�ai lkerea: E0B,92D0 Acmant No: 040-244-003-NO3 CADI 0402440030003 Parcel AdArew 0 STATE HWY t46 As of Date:07M7a0W Pry Ante:47)07MO .Pdacelay:ALM$ rf+ PAM IN IF FAED IK IF TAM IN Rwc MY 1009 AUGUST 2009 S£PTXmXR 20" Pesshiea 4k rmuddes & Pen Ida & Tax Year Tax C3�fib Due Cnterest Total ltmawt Total lPktar=t TOM 2001 40 41 42 4S 44 47 t10,99" 30.00 St0,990.23 50.00 SE0.990.23 30.00 114.998.23 2M 1 40 Al 42 43 44 47 $3,949-79 $0.00 $3,443.74 $0.00 V,90,791 i0.00 f3,P42.79 TOTAL A1KOMDM- R4,9" 12 50.00 114,93L62 Meo St4,934." i0.00 3};4,9.34.02 Ta= Uou Cafes: Amvsmb have AG Ragbwk &Ty included 44 u3nis Cosay 41 HaM ODWKf F106d CMWI MA 42 Pon of Homan As4:odry 43 Hawis Cmmsu7 H owtd varlet 44 f*dv Camety D*K ofEdw +gm 41 San iagkA%Catieee Mtriet nXA99 CUT AT TM DUtIM IME MM RWWW x'= l'aii'iJ N "► 711 YO13lt YAYMSi. CAD- 04=440030003 PLEASHSfa LEMMA !1411010111010MP3111 f�aautrsrotnaTx7E•,�x safl�otx,arcrroftP-0- 8C1 :Fs2 t 0 4 0 4 � is ROUSTON, TEX" 77414-"" � 0�4s.00�i-4003 XAM RT6Ot L" SIVAaT ltAYNSWORTSOWZRA1. 3Is wA1.i=&T 8Tm14m 3� r� 1HOuvrOm, Tx Tmv -sass - 0400440030OD30 ❑102 0014434d2 O01493402 U01493402 t7DOUD000D g Papy Aeaas<nt Dee )tit 2009 514934A2 AUG2009 514,934A2 SSP2004 514,"4.02 M.em-tE.ld: S La Porte Tax Office Agticultute Use Rollback Calculation Farm. OwnerName: La Porte 81. Ltd Legal Description: Tr 1B Stuart Haynsworth Genetal Abst 30 W P Harris 815 Walker Street, Suite 1435 108.92 Acres Houston, TX- 77002-5750 Date of Change: jauuary 1, 2006 Account 040L244-003-0003 La Porte I.S.D. Year I Market Value Ag Use Value Loss Tax Rate Levy Use Interest I Tex Due 2001 1,098,010 8,540 10892470 0.016300 17,758,36 1.2976438 23,044.03 2002 1,098,010 9,680 1,088,330 0.016800 18,283.94 1,2276439 22,446.17 2003 0 0 0 0.016800 100 1.1576438 0.00 2004 0 0 0 0,017335 0.00 1.0876438 0.00 2005 0 0 0,I 0.037335 0.00 1.0176438 0.0( Total Due to La Porte I.S.D.: 45,4902Q City of La Porte Year Market Value Ag Use Value Loss 'T'ax Ttate Levy Loss Interest I Tax Due 2001 1,098,010 8,540 1,089,470 0.0071 7,735.24 1.2976438 10,037.58 2002 3,098,010 9,680 1,088,330 0.0071 7,727.14 1.2276438 9,486.18 2003 0 0 0.0071 0.00 1.1576438 0.00 2004 0 0 0 i 0,0071 0.00 1.0876438 0.fl0 2005 0 0 0 U_0071 0.00 1.0176438 0.00 Total clue to City of La Porte_ 19,523.76 Total Due to La Pane Tax Office 1 65,013.96 IiUE NO LATER THAN JANUARY 31., 2010 CORRECTED NOTICE: ' 3{30/2009 ' 71336 c o s, K p$L7NQUENT TAX ST'ATEMY," S�,A,XY 4si. LCO VASOURZ ` HARM COII,hI2'X TAX ASSESSOR-COLU3CMR 1Rb1 FREMN AYB., surm too HoUmN, TxXAS 7ml Ceraw. omw. Leal iiwcriptlalr: ;i• Y A. PoRTx LTD Sl' TRW SMART RFAYNSWORTS GErG=L Assn �s 7 8rnvr�x 1;= $15 WAI KXER ST STE 1435 k D,auSTON, TX 77 5750 ?':^ Aeeeunt No: 04(1- l5-M4*03 CAJk 040279MI0001 farct.Adar.: 0 STATEMMIWAY J46 As of )D•re_ 01/0/009 Pdat pOr: 4710712M R)lr -- IT" Owl Tim IF PAIIiIIY .1717. Y no IF PA M IN Atp=T 2" IF PAID IN 5FPTZl�EBF.It Y049 4 :?; fespiths & tili dk PelItRs do Year UttW Duo Iutemt 'TOW burs# Toth latmw TOW soar to 4l sz 4"� 44 47 AO 4t 42 43 44 47 s4,13i.S1 $1,177M soot snag sal3l.st S1,r77.23 Soon S4,r3[sl 30.00 Yi,17723 km MOO t4.r3L_SI S1.177.23 5 S iDTAL AM09T,F' MM fB 8.74 so" SS,3W.74 50.00 S%M1,74 Moo 55,M.74 8: ' Tsx unit codm Amosma haw AG Rollback Uvy bxtxded 40 BmisCv®lT 41 XUidsCouWFio9dCo*WDin 41 FmbfHmftttAVWdty 43 lisrrirt"DOWHW#bdENMtkt 44 H ttis Comely Dcpi. si as 47 Sm beho C VWV DWdi t fq' f a� PIXASoi CW AT TM AOT TED Lm AND 7jrrm Tms PaRTrt7r'y wnw Youx FAYN391CF. CAD; 04027R041o003 CCO r.. p,p RpR + 0 4 ORARR40111 80rJ87�![,'1'�lrAti 77lf�4472 � g, D7e-oex X A g01t:717Bmoei 93VART BAtf74diR'is1[ TA GEMPLAL f S WAV�rt S STB *US u rxw Jay A.wvwit Atte 200 SSOOL74 sEP 2W9 S5,301.74 .Am oot R&- SON, x Tr!ow50 04027800100033 DIOR OD0530674 =530874 DW530674 00DOODD00 La forte Tax Office xiculture Use RoIiback Calculation Form Owner Nome: La Prate Ltd 81. Legal Description: Tr 1B Stuart Haynsworth Abst 35 J Hunter 815 Walker Street, Suite 1435 63.95 Acres Honstou, TX 77002-5750 713-522-5606 Date of Change: January 1, 2006 Account: 040-278-001-0003 La Porte I.S.D. Year M=I,=t Value Ag Use Value Loss ! Tax Rate Levy Loss Interest I Tex Due 2001 414,470 4,800 409,670 0.016300 63677.62 1.297644 8,665.17 2002 414;470 5,440 409.030 4.016800 6,871.70 1.22764.4 8,436.01 2003 0 0 U 0.016800 0.00 1.15764-4 0.00 2004 0 0 0 0.017335 0.00 1.087644 0.00 2005 0 0 0. 0.0173M 0.00 1.017644 0.00 Total to La Poxtc LS.D-: tal Doe 17,101.18 City of La Porte Year Marlret Value Ag Use Value Lass Tax Rate Levy Loss Interest Tax Due 2001 414,470 1 4,800 409,670 0.0071 2,908.66 1.297644 3.774.40 2002 414,470 5,440 409 430 0.0071 2,904.11 1.227644 3,565.22 2003 0 0 0 0.0071 0.00 1.157W 0.00 2004 0 0 0 0.0071 0.00 1.087644 0.00 2005 0 0 0 0.0071. 0.00 1.017644 0.00 Total due ko City, of La Porm 7,339.62 Tarn] Due to I.n Porte Tax Office 1 24,440.80 DUE ITTO LATER THAN JANUARY 31, 2010 I CORRECTED NOTICE: Notice for 2001 2002 only; 2003, 2004, 2005 Preciously billed 3f30i2009