HomeMy WebLinkAbout04-15-20 LPRDA/TIRZ
Agendas and Agenda Materials
Meetings of the Boards of Directors
La Porte
Redevelopment Authority
La Porte Tax Increment
Reinvestment Zone
April 15, 2020
NOTICE OF JOINT MEETING OF LA PORTE REDEVELOPMENT AUTHORITY
AND THE LA PORTE TAX INCREMENT REINVESTMENT ZONE
NOTICE is hereby given of the joint meeting of the La Porte Redevelopment Authority and La Porte Tax Increment
Reinvestment Zone to be held Wednesday20,atvia Zoom videoconference at:
https://zoom.us/j/753238309?pwd=d0xzZUNXWmtvQ0c3a1JDc1Nid1ZZdz09
or via teleconference at: 346 248 7799; Meeting ID: 753 238 309; Password: 048377; open to the public, to consider,
discuss, and adopt such orders, resolutions or motions, and take direct actions as may be necessary, convenient, or
desirable, with respect to the following matters:
AGENDA
1. Call to order
2. Declare Emergency.
3. Approve minutes of the joint La Porte Redevelopment Authority and La Porte Tax Increment Reinvestment Zone
meeting held on February 19, 2020.
4. Consider engagement of McCall Gibson Swedlund Barfoot PLLC for Agreed Upon Procedures Report for 65 La
Porte, Ltd.
5. Receive and approve Agreed Upon Procedures Report for 65 La Porte, Ltd.
6. Consider approval of assignment of developer payment from 65 La Porte, Ltd to Malladi S. Reddy.
7. Receive update from J Morales Inc. regarding M Street Project.
8. Consider approval or other action regarding authority invoices.
9. Receive updates from the city, developers and staff about development within the Zone.
10. Board member comments.
a. Matters appearing on agenda
b. Inquiry of staff regarding specific factual information or existing policy
11. Adjournment.
As a result of the current COVID-19 virus epidemic emergency, the convening at one location of a quorum of the Board is difficult or impossible. Therefore, the Board
will conduct this meeting by video/telephone conference call rather than by physical quorum pursuant to Texas Government Code Sec. 551.125 and guidance of the
Governor of the State of Texas. Members of the public are entitled to participate and address the Board during the video/telephonic meeting. In all respects, this
meeting will be open to the public and compliant with applicable law and guidance of the Governor of the State of Texas. An electronic copy of the agenda packet
(which consists of the regular reports presented to the Board by its consultants) can be found at:
https://www.dropbox.com/sh/8nlagt6fu71n1gc/AACNwo1J_oNk_qDnzMhhoWIOa?dl=0
A possible quorum of City Council members may be present at this meeting and participate in discussions but will take no action.
______________________________
David W. Hawes, Executive Director
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
2. Declare Emergency.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
3. Approve minutes of the joint La Porte Redevelopment Authority and La Porte Tax Increment
Reinvestment Zone meeting held on February 19, 2020.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
20
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas, and La Porte
Tax Increment Reinvestment Zone, held a regular joint meeting, open to the public, on Wednesday,
February 19, 2020, at 6:30 p.m., in the Council Chambers of 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, 3¤¢±¤³ ±¸ Position 1 Mark Goodwin Position 6
Barry Beasley Position 2 Chester Pool, 6¨¢¤ȃ#§ ¨± Position 7
Alton Porter Position 3 David Janda Position 8
Horace Leopard Position 4 Vacant Position 9
Doug Martin, #§ ¨±¬ Position 5
and all of the above were present, with the exception of Directors Antone, Porter and Leopard, thus
constituting a quorum. Also present were David Hawes and Linda Clayton, both of Hawes Hill &
Associates, LLP; Corby Alexander and Jason Weeks, City of La Porte; and Javier Morales, J. Morales,
Inc. Chairman Martin called the meeting to order at 6:31 p.m.
Upon a motion duly made by Director Pool, and being seconded by Director Beasley, the Board voted
unanimously to approve the Minutes of the December 4, 2019, joint Board meeting, as presented.
Mr. Hawes reported there is approximately 10 years left on the life of the TIRZ. He stated La Porte
Crossing will be paid off this year. He reported Dr. Reddy has submitted invoices for reimbursement
and the auditor is currently working on the documentation to prepare an AUP.
.
in the Board materials. He reported JMI has received comments back from the City on the 30% plan
submittal and he anticipates 60% plans to be submitted to the City March 6. He estimated the 90%
plans will be submitted in May. There was general discussion when the engineer can begin publicly
bidding the project and Mr. Alexander agreed once 90% plans are submitted to the City the Engineer
can begin the bidding process. Mr. Morales stated he anticipates bids for the project will be ready for
Mr. Hawes presented the Boo
materials. Upon a motion duly made by Director Beasley, and being seconded by Director Janda, the
presented.
a.
b.
Nothing new to report.
ADJOURNMENT.
There being no further business to come before the Board, Chairman Martin adjourned the meeting
at 6:51 p.m.
_______________________________________________________
Secretary
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L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
4. Consider engagement of McCall Gibson Swedlund Barfoot PLLC for Agreed Upon Procedures
Report for 65 La Porte, Ltd.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
McCALL GIBSON SWEDLUND BARFOOT PLLC
Certified Public Accountants
13100 Wortham Center Drive
Suite 235 9600 Great Hills Trail
Houston, Texas 77065-5610 Suite 150W
(713) 462-0341 Austin, Texas 78759
Fax (713) 462-2708 (512) 610-2209
E-Mail:mgsb@mgsbpllc.com www.mgsbpllc.com
Member of
American Institute of Certified Public Accountants
Texas Society of Certified Public Accountants
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
5. Receive and approve Agreed Upon Procedures Report for 65 La Porte, Ltd.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
6. Consider approval of assignment of developer payment from 65 La Porte, to Malladi S. Reddy.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
ASSIGNMENT OF RIGHTS (DEVELOPMENT AGREEMENT)
THIS ASSIGNMENT OF RIGHTS (DEVELOPMENT AGREEMENT) (the
e ____ day of ____________, 2020, by and between 65
LA PORTE, LTD., a Texas limited partnership MALLADI S. REDDY,
M.D., a natural person domiciled in Harris County, Texas
BACKGROUND
A. Assignor is a party to that certain
by and among Assignor, REINVESTMENT ZONE NUMBER ONE, CITY OF LA
PORTE, TEXAS , a tax increment reinvestment zone created by the City
of La Porte, Texas pursuant to Chapter 311 of the Texas Tax Code, as amended,
acting by and through its governing body, the Board of Directors, and LA PORTE
REDEVELOPMENT AUTHORITY , a local government corporation
created and organized under the provisions of the Texas Transportation Code, Chapter 431,
Subchapter D, and authorized and approved by the City pursuant to Resolution No. 2000-2457
adopted on December 11, 2000, acting by and through its governing body, the Board of
Directors, which Development Agreement generally relates to the design and construction of
certain public improvements in the area known as the Lakes at Fairmont Green, as more
particularly described in the Development Agreement.
B. All capitalized terms used herein and not specifically defined herein shall have the
respective meanings for such terms as set forth in the Development Agreement.
C. Assignor and Assignee desire to evidence the assignment and assumption of
AGREEMENT
In consideration of $10 and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Assignor and Assignee, the parties hereto
agree as follows:
1. Assignment.
interests in, to and under the Development Agreement, including, but not limited to, all of
Developer and rights to receive payments as reimbursement for Project
Costs that have not been paid to Developer as of the date hereof.
2. Assumption. Assignee assu
and under the Development Agreement, including, but not limited to, all of Assignors
obligations as Developer, and rights to receive payments as reimbursement for Project Costs that
have not been paid to Developer as of the date hereof.
Error! Unknown document property name.
3. Indemnity. Assignee will indemnify, defend, and hold Assignor harmless from
perform any of the obligations of the Developer under the Development Agreement after this
obligations of the Developer under the Development Agreement before this date.
4. Release. Assignor is hereby released from all obligations under the Development
Agreement, and Assignee shall be solely responsible for all obligations of the Developer.
5. Consent. In accordance with and pursuant to the requirements of Section 9.6of
the Development Agreement, each of the La Porte Authority and the La Porte Zone hereby joins
in this Assignment to consent to and approve of the assignment and assumption of the
Development Agreement as set forth herein. Each of the La Porte Authority and the La Porte
Zone hereby agrees and acknowledges that because Assignee has expressly agreed in this
Assignment to comply with the provisions of the Development Agreement, the Development
Agreement shall not terminate upon the assignment and assumption set forth herein, each of the
La Porte Authority and the La Porte Zone hereby acknowledging that the Development
Agreement shall continue in full force and effect under the terms and conditions set forth in the
Development Agreement as assigned and assumed hereby. Further, the La Porte Authority
acknowledges that any payments of Developer Advances or reimbursements of Project Costs
which have not been paid as of the date hereof or which shall become due and payable after the
date hereof shall be paid to Assignee as Developer in accordance with the Development
Agreement.
\[Signature Page(s) to Follow\]
2
Error! Unknown document property name.
EXECUTED in multiple counterpart originals effective as of the date of last execution by
all parties set forth below.
ASSIGNOR:
65 LA PORTE, LTD.
a Texas limited partnership
By: Baycrest, LLC, a Texas limited liability
company, its general partner
By:
Name:
Title:
Date:
ASSIGNEE:
MALLADI S. REDDY, M.D.
Date:
\[Signature Page to Assignment of Rights (Development Agreement)\]
Error! Unknown document property name.
The undersigned parties to the Development Agreement consent and agree to the
foregoing Assignment.
REINVESTMENT ZONE NUMBER
ONE CITY OF LA PORTE, TEXAS
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
LA PORTE REDEVELOPMENT
AUTHORITY
By:
Name:
Title:
Date:
ATTEST:
By:
Name:
Title:
\[Signature Page to Assignment of Rights (Development Agreement)\]
Error! Unknown document property name.
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
7. Receive update from J Morales Inc. regarding M Street Project.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
8. Consider approval or other action regarding authority invoices.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
Name
Period EndingService Area
Linda Clayton February 29, 2020\[ğ tƚƩƷĻ
Other Expenses(2)
Bill to Dist.
Business Mileage
DateDestinationPurposeMiles DrivenItemAmount(Y/N)
19-Feb604 W. Fairmont Pkwy, La Porte, TXBoard meeting57 Ǥ
1 ЎА$ -
I certify that the above expenses were incurred and paid by me:
Business Miles (1) @
0.575$ 32.78
Other Expenses (2)
SignatureDate
* Attach evidence of purchase
Expenses billed to District (Y)$ -
Expenses not billed to District (N)$ -
Amount Billed to District$ 32.78
ApprovalDate Total Reimbursement$ 32.78
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
9. Receive updates from the city, developers and staff about development within the Zone.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314
L A P ORTE R EDEVELOPMENT A UTHORITY,
C ITY OF L A P ORTE, T EXAS
A GENDA M EMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
SUBJECT: Agenda Item Materials
10. Board member comments.
a. Matters appearing on agenda.
b. Inquiry of staff regarding specific factual information or existing policy.
L A P ORTE R EDEVELOPMENT A UTHORITY
c/o Hawes Hill & Associates LLP
P.O. Box 22167
Houston TX 77227-2167
713-595-1200 or FAX 281-888-6314