HomeMy WebLinkAbout07-18-07 LPRDA/TIRZAgendas and Agenda Materials
l\/Meetinias of the Boards of Directors
La Porte Redevelopment Authority
La Porte Tax Increment
Reinvestment Zone
July 18, 2007
E
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 HE HELD ON DULY 185 2007 AT 6.30 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE
ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order — Lindsey Pfeiffer, President
2. Consider approval of the minutes of the May 24, 2007 Board of Directors meeting
3. Consider approval or other action with regard to Pay Request Number Four in the amount of $23,765.63 for the
Lakes of Fairmont Greens TIRZ project related to off site improvements known as the South La Porte Trunk
Sewer Project
4. Consider approval or other action with regard to Additional Pay Requests for the Lakes of Fairmont Greens TIRZ
project related to off site improvements known as the South La Porte Trunk Sewer Project
5. Consider Development Agreement by and between the La Porte Redevelopment Authority, La Porte TIRZ
Number One, City of La Porte, and Retreat at Bay Forest LP
6. Receive Presentation from Developer Requesting Reimbursement for a Hotel Development within the Western
Portion of the Zone
7. Consider approval or other action with regard to authority invoices
8. Staff report and updates
3. Board member comments
J.O. 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
LA PORTE R) DF,vEwpNi)vNT AUTHORITY,
CITY OF IA PORTE, TEXAS
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE,
July 11, 2007
SUBJECT:
Agenda Item Materials
2_ Consider approval of the minutes of the May 24, 2007 Board of Directors meeting
LA PoRTE REDEVELOPWI Ni' AuwoRrry
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77221-2167
713-541-0447 or FAX 713-541-9906
La Porte Redevelopment Authority,
City of LaPorte, Texas
Minutes of the Board Meeting
Held May 24, 2007
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 2e day of May 2007, and meeting was called to order at 6:38 p.m. in the La Porte Recreation and
Fitness Center, 1322 South Broadway, La Porte, Texas 7751 and the roll was called of the duly appointed members of
the Board, to wit:
Peggy Antone
Position 1
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 Antone, and Director Meza, thus constituting a quorum. Also
present at the meeting were John Joerm, David Hawes, Gretchen Black, Norman Reed, and Russell Plank.
2. CONSIDER APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2007 BOARD OF DIRECTORS
MEETING
Upon a motion duly made by Director Say and being seconded by Director Porter, the board unanimously
approved the minutes of February 28, 2007
3. CONSIDER APPROVAL OR OTHER ACTION REGARDING THE PUBLIC FUNDS DEPOSITOR
COLLATERAL SECURITY AGREEMENT WITH AMEGY NATIONAL BANK ASSOCIATION
Mr. Hawes gave the board an overview regarding the need for Public Funds Depositor Collateral Security
Agreement. Upon a motion duly made by Director Martin and being seconded by Director Pool, the board
unanimously approved the Public Funds Depositor Collateral Security Agreement.
4. CONSIDER APPROVAL OR OTHER ACTION REGARDING A PROPOSAL BY HAWES HILL
CALDERON LLP TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE ADMINISTRATION OF
THE LA PORTE REDEVELOPMENT AUTHORITY AND TAX INCREMENT REINVERSTNIENT ZONE
Mr. Joerns and Mr. Hawes gave an overview of the Agreement. Upon a motion duly made by Director Say and
being seconded by Director Leopard, the board unanimously approved the agreement.
5. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS ON BEHALF OF THE
PORT CROSSING TIRZ PROJECT.
• ' PAY REQUEST NUMBER ONE IN THE AMOUNT OF $6,090,116.79
• PAY REQUEST NUMBER TWO IN THE AMOUNT OF $2,892,333.90
Mr. Joerns and Mr. Hawes gave an overview of the pay requests. Upon a motion duly made by Director Porter
and being seconded by Director Turnquist, the board unanimously approved the pay requests.
6. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO CHANGE ORDER NO. I IN THE
AMOUNT OF $334,707.40 TO THE ANGEL BROTHERS CONTRACT IN PORT CROSSING COMMERCE
CENTER. THE CHANGE ORDER INCLUDES UPGRADES TO THE LIFT STATION, ADDING''
HEADWALLS IN LIEU OF RIP RAP, STORM SEWER PIPE ADJUSTMENTS, AND THE EXTENSION OF'
THE 12-INCH WATER MAIN
Mr. Joerns and Mr. Hawes gave an overview of the change order. Upon a motion duly made by Director Leopard
and being seconded by Director Martin, the board unanimously approved the change order.
7. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO EXHIBIT B TO TIRZ DEVELOPMENT'
AGREEMENT VaTH PORT CROSSING AND AMEND DEVELOPMENT AGREEMENT TO REFLECT
CHANGES
Mx. Joerns and Mr. Hawes gave an overview of the amendment to the Development Agreement. Upon a motion
duly made by Director Say and being seconded by Director Pool, the board unanimously approved the amendment to
the Development Agreement.
8. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS FOR THE LAKES OF
FAIRMONT GREENS T1RZ PROJECT RELATED TO OFF SITE IMPROVEMENTS KNOWN AS THE
SOUTH LA PORTE TRUNK SEWER PROJECT
0 PAY REQUEST NUMBER ONE
• PAY REQUEST NUMBER TWO
• PAY REQUEST NUMBER THREE
ENGINEERING AND PROFESSIONAL COSTS
Mr. Joerns and Mr. Hawes gave an overview of the pay requests. Y Upon a motion duly :made b y Director Pool and
P
being seconded by Director Turnquist, the board unanimously approved the pay requests.
9. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO AN AGREEMENT BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY FOR THE
MANAGEMENT OF THE LA PORTE PUBLIC IMPROVEMENT DISTRICT NUMBER ONE-
Mr- Joems and Mr. Hawes gave an overview of the Agreement. Upon a motion duly made by Director Martin
and being seconded by Director Leopard, the board unanimously approved the agreement.
10. 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 Say and being seconded by
Director Martin, the board unanimously approved the agreement
11. STAFF REPORT AND UPDATES
Mr_ Joerns introduced Gretchen Black the new Economic Development Manager. Mr. Joerns also spoke to the
board with regard to the need for signalization at Wharton Weems and State Highway 146. It was recommended that
the board meet the fourth Wednesday of each month.
Ci�'� 1 1: iM 1 1 .►
There were no board comments
13. ADJOURNMENT
Upon a motion duly made by Director Pool and being seconded by Director Leopard, the board unanimously
approved the motion to adjourn at 7:24 PM.
SIGNED:
ATTEST:
TITLE:
TITLE:
DATE:
DATE:
LA PORTF, REl7EVELOPMEiT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
DATE: July 11, 2007
SUBJECT: Agenda Item Materials
3. Consider approval or other action with regard to Pay Request Number Four in the amount of
$23,765.63 for the Lakes of Fairmont Greens TIRZ project related to off site improvements
known as the South La Porte Trauk Sewer Project.
LA FORTE REAEVELOPMENTAnTHOJUTY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227 2167
713-541-0447 or FAX 713-541-9906
Lakes of Fairmont Greens
La Porte, TOXAS
Section 1 Invoices For UEIA
Off -Site Improvements
27-Jun-07
Bsnefrt A1lncation ToW Previously Reknbursed Amount to be Reimbursed
Ion Design Line item Avfiwlzed Budget Mod to DOU Oft --Site Portion to pif-She Improvemeflts for OFf Site Improvements This Period
off -Site awl Sawir Gansu Drawings $4%900.0ii $40,SDCiM IMOD% W,9QO.00 $40,'Q00.00 Woo
Project Sped Hoak $3,2M,00 $3,*.04 50,03J� $1,6gD,00 $1,6M.0D $O.Da
ReDeslgrk Off -Site, Seri Se .er Main $9,5150.1)0 $5,560.00 la a% $9,500,00 $9,,WD.013 $0.00
Ptlnting of Plan Sets NA $765.19 50.00 4469
SIXfb-'fatal $32,3$2.69 $5Z,352,59 $0.00
Ratm tlaodon Tc* Previously Reimbwrsed Amount to be Relrnbursed
RHA Ott -Site Servfaes Authorized Budget B 1ad to gate Ot9f-81e Motto to off Site improverne* for Off -Site Imprc mmm is This Period
Off -SO BWAwerdfCon. Admin. $13,385.00 $7.7%11 100 000* $13,3$5.00 $7,71511 $0.00
Off -Site San. Bowdery & Tope Survey $9,1040.00 S9,MOM 100.00% 'ROCI0.DO $9,0413,OD $C,OD
Sub -Total $22,305.00 $18,715.1 f Won
BeneRtAifacataan Tatal Previously Relmbursed Armunttn be ReIrtiursed
Angel Brothers Ort-site Construction Authorized Budget Billed to Date_ Off -She Portion to Off -Sits Improvemsttts for Oft-51te Improvements This Period
Construcion $5&B4O60,96 $950,t725AB 100'ar16 568,090.95 $350.025.46 $V,765.83
Sub•Tatal 5 100.85 $M0 025.48 $?3,766.83
City Revources Hours Efate
ReVsn McPhail 160.00 $27.94 $4,1$1,15
Curtis Herod 40.00 531.43
Sub -Total $6".31
Contingencies �3ti,4pO.fl4
Arno trt to be Relml-vmed
This Pefind
TOTAL $658,$46.86 $23,765.63
Approved By; Approved BY, '\
Date, Date; ® �
Approved By: Z
APpmed gy.,
Date: Date: Q�
y
`r
WIMAATE 140:4
Con9ti milDn at Off -site UNIHIes 1k0 Serw
ThD L OM at lftkmorst QMn% Secftn I
FOR PERlOM ending W31107
Sol
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U
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:
_
puft aw ww Cora �-n- MATE F,M
PAYN�EEfT
ENGINEER; [ON Ces(gn GrQ4p, LL.0
DATE:
Juror 4, 2w
2800 N Hsnderwn Ave., Studlo 100
Oaks, Takes 74206
15871MATE NO:
4
CONTRACTOR: Angel Brothers g lerpft", Ltd.
5210 West Road
ESTWAtE PERIOD. End!N §L3W
l3qtmm Texas 77521
.-
OWN9.&I 65 La mot$, Ud'
ABE.SOH #:
o 3s
36 N. Sam Houston Fkwy E., Sulto IOU
77COO
-
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ONp {,,,� p�
ONTRAC 1 FOR; Con6tuM r of Qfl-SIW UVWW tq Qe]v
The Lakes at Fairmont Gn*n% SKtbn I
-
OrNglnal Cvnirao Amount "WIM4,45
CurTent Cent iA Amount; 058,060,06
QTAL AMOUNT OFWORK COMPLETED—.
COMPLETEDGawrd�� aRC}s R TOTAL;
WOO
9TQF p MA ER4Ai.S:
- $Q,00
-
3
SUSTOTAL
$41 9 �
ESS RETAIL AGE (10%).
t 1.832,3�
EBB PREVIOUS EBTIMA7ES:
35Q (32 .48
iA1,. AMOUNT DICE FOR PAYMENT:
_
$UBMiTTE0 81f:
APPttOVED SY.
J
(NME)
(NAi(�P
DATA : h
}
RECOMMENDED Sr.
AF'PRGiI[=D BY:
5WW
DATE; Q
DANTE
S �• �
d"
65 L.aParbe Lakes of F'ainnant ore"
Devel9pmont � RejMburSMBnty
C L� MA : 9 9
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTS, TEXAS
AGENDA IVUMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
DATE: July 11, 2007
SUBJECT: Agenda Ttem Materials
Consider approval or other action with regard to Additional Pay Requests for Lakes of Fairmont
Greens TIRZ project related to off site improvements known as the South La Porte Trunk Sewer
Project,
LA PORTE RFA)Evimop ENT Auzgoxrry
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
Lakes of Fairmont Greens
La Porte, Texas
Section I Invoices For UEA
Off -Site Improvements
Benefit Allocation
BHA Off -site Services Authorized Budget Billed to Date Off -Site Portion to Off -Site Improvements
Off -Site San. Boundary & Topo Survey $9,000.00 $9,000.00 100.06% $9,000.00
Sub -Total $9,000.00
Information as of July 2, 2007
TOTAL $93000.00
HUMMON & ASSOCIATES
1209 Decker Drive, $Wte 1tz4
Baytown, TX 77520
(281)422- 213 voke
(281X24-2717 ft
IlrT OTCE
Ion Design. Group
2800 N. Renderson Ave., Stu&O WO
Dallas, TX 75206
Attu: Bryan Vein
Contract for. 5353 Lakes at Fai ont Greens; Construction Administration. & Plat - 2791
Stir;rey Boundary & Topo .
Professional Services
Date
113106
Ynvoiice Number
14711
onsif`e Services
Fee
% Complete
Fee Earned
Prior Billing
Current Fbe ,-
ansite Construction Administration
$16,615.00
0.00%
$
-
$ -
�
-
Plat Fee
$ 2,DOO,001
50.00%
$
1,000.00
$ -
$
1,00€i 0C1
Boundary &Topo -Survey
$20,D00.00
15.00%
$
3,000.00
$ -
$
3XI00
Construction Staking
$12.,500.Oi1
0.00%
$
-
$ -
$
Sales Tax on Boundary
$ 269.78
100.00%
$
269.78
$ -
$
26.9.78
Reimburseable
Record Research $107.71 x 1.1
$ 118.48
100.00%
$
118AS
$
Pre] Review Fee $410.00 x 1.1
$ 461.00
100.00%
$
451.00
$
$
451.00
onsite Services
$
4,839.26
oftite Services
ofFsite Construction Administration
boundary & Topo Survey
Payment Terms: Not 30
$13,385.00 0.00% $ - $
$ 9,000.00 15,00% $ 1,3511.00 $
Offaife Services
TOTAL INVOICE AMOUNT
$ 1,350,00<-----
$ 1,350.00
$ G,189.2G
HUTCHTSON & ASSOCUTES
1209 Decker Drive, Suite 100
BayiowT4 TX 77520
(281)422-8213 voice
(281)4202717 fax
Il QZCE
Ton Design. Group
2800 1. Honderson Ave., Studio 100
Dallas, JX 75206
Attn. Sayan Klein
Contract for. 5353 Likes at Fairmont Cans; Construction Adnih3isttlion & plat - 2791
Survey Boundary & Topo
Professional Services
Date
3115106
vivaiice Number
14768
Onsite Services
Fee
% Complete
.Fee Earned
Prior Bilking
Current Fee
Onsite Construction Adminlstrat on
$16,615.00
0.00%
$
-
$
-
$ -
Plat Fee
$ 2,000.00
m00%
$
1,000.00
$
1,000.00
$ -
Boundary &Topo Survey
$20,000.00.
70,00%
$
-11,300M
'$
3,000,00
$ 8,300.010
Construction Staking
$12,500,00
0.00%
$
-
$
-
$ -
Sales Tax on Boundmy
$ 289.78
100-00%
$
269.78
$
269.7a
$ -
Reimburseahle
Record Research $107.71 x 1.1
$ 11BAS
100.00%
$
118.46
$
118.48
$ -
Pre1 review Fee $410.00 x 1.1
$ 451.00
100.001a
$
451.00
$
451.00
$ -
Record Research $463.68 x 1.1
$ 509.93
100,00%
$
509.93
$
-
$ 509.93
Onsite ,Services
$ 8,809,93
Cffae Services
Cii'site Construction Aclm istrabon
$13,385,00 0.00% $ - $ -
$
-
Boundary & Topo Survey
$ 9,000.DD I00,00% $ 9,0GD.00 $ 1,350.00.
$
7,650.00
Offsite Services
TOTAL INVOICE AMOUNT
'�f,459��►
r1ayment Terms- Net 30
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TExAs
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
DATE: July 11, 2007
SUBJECT: Agenda Item Materials
5. Consider Development Agreement by and between the La Porte Redevelopment Authority, La
Porte TIRZ Number One, City of La Porte, and Retreat at Bay Forest LP.
LA PowE REnEvELoPMEENT AuTnoRm
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
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owne.'�mwm mat ��///� �`� ✓I - AM - AERIAL EYSEWENE
sign rwiawme,:_X ®. _ - WAY
C :4+V 1'1�(�IC y[e RAX. _ RIH R IS lau
H.C•C.E. - kARxS COMNi4 CLgRS PRIZE
k.CJ1.R. - kA RIM ODIUM Ingul RECORDS
k.Cx.R. - ]OUIRIS CCU" MAP RECORDS
9X as ,l, �� �mM trials! AGREEMENT .:G, mho
,tam
29
OF
27
25
19
fa
It
96�3��ira i 5P .�
Abel Loa ��y Te•os
W. F. tart e�Hann °del
CiLY pe (see
caryt table
cuRYls ➢erA
RAolus
raalc6ur
1 LewGr�
C1 5427'05-
25.00°
1 12:Se'
25.76'
C2 BF27.O�
25.00°
112.6fi'
25.76°
C3 Z554'0.9'
61 DO'
ZT/29'
Ij
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is WO
6O
vo
d ReCaide or
West S
e eeSF
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6
le
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Le
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ens
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e r
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11 re �
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Rae'a9` �
R�auatiE �
D0.451 Aane
J
fi
a
;0
53560 uAbirt1V
oat of Trg p6a Gal o
Survey'arn` LO
oL V.t0 pale Corn° --inn
er.
e
REPL RODRIGOEZ
SOUik 1"i•]DS SONYETING A
128f RIC ADO AYE, S
kWSiGNI TZIGIS T>O62
59-5916
OwxER/➢EwE1fPER.
ERE RETREAT AT W EGRE
6Daa YSWORIAL ➢RIVE. ST
kGOSTON, T A5 TM79-IC
err
rg
upgonpW
PAIIIIiiiab
vtcIo�aa
v LE
xla ro SCALE
war:
1.) Told platted ono contains 17599 cams (16:,781 square feat) of land.
9rgPhic plvlt'uh9 an1N. this PnpertY M In Zane "S' an Read Insurmhcele
Rafe Map, Community Panel fide 482O1C Or J. City of Lo Faris, sortie
CauntY• Temma which boon mh E1fea+Ave Oats of Mason ber E. 1996 and Is
reap In o Specld Flood Hcaard Amer.
we
S.) Prapmty Zoned R-1 (Law ➢entity RasldmtlN)
4-) 'vecrin5e ore based w the mast Right-af-Way line of 9raadweq Street
SJ awner/bendaper In responsible for the imprawmmt cr mbdlor
ferns® Bang West 'S' Strve„ as pm the Cty of La Porte 5tandaran
(PICMJ.
E.) Cwner/Cseaioper Is responsible for too Installation of smewmks a bath
sides or the public street withintheabdiWslon, to the ninth and south
of Mont eS _beet and along me west aide of South Broadway.
7.) Owner/Daledle"r is ramansibled far mvinienrnce of proposed attention
basin witSm time pinc odst deeelapmmi
yen nmEs t:- a F.>59g sae (tss,Tai eaaar. r et7 trams m land m the Tam of as
Forte. a map ai Mhia Y reaatled in Yadvne fiq Pvge 112 ➢mC Recvrlw of Hwdv
jQ
Cammry, Tema Lola 1-52 Enoch 12h'I, wide diet Y me blade Sa wide pertcr of
nL'/le
Weei "i dohs-a-eoy dosed urea at
d per S urea elm being
nStrodoM
nio
Met or me Jmrwan knit- Srmey, 55_ and W. P.
SE. and marred s
W. P. None Surrey, Ahemac S0.
NeeRl`)
r
City or La Caano r, mid. rd
Temm mid _il% ve:a aaG at Intel being mine fuliry
yFacts.Raynesand
d®cRatl by d "a as bdlawm
r
�'NNWG at /6 Inch red war ear the synthevm aamr m 31ot 12G1: mid mmr
marking ma Intsaeatl of the mom dght-m-vey line ar"'$hint a 6a beat wide
WI'c wide
do he "an, dint or Ma or Smvm fimadway Smae: (Cld Highway 1"). R
!aide,
.9GCtO.TS. , WC.
T4SR[E Seam CC251a East olahg the vest pond ery of wand 6mvdwoy Street a
�_1O'
de.mhm w INS= feet m a E/B High Iran rod send far me mummer c w of min
for
1NENCE South 6E36°w6' link Owning the vest tight of way Me of said Statecraft Street
T. LP.
o distance of 256.ai feet U a 5/6 Iedh scb bad any for the mumwani aams of Dan
. 100
IT
TNEdCE North Ma13't2' Meat dead me me,, bcundb y of City of La Posts Boy Fiber
get Lune and the most right -or -way Me of Is, Sbavt a Sa feet min dint-of�any
dosed by Samed Gunty Canmieeirnaa' Canna meTJad Y reduced S Ir Pg. 419, Ceetl
someone of Finns Canty. Tmes a dla of 61� aD feet m a 5/5 mar town mini sR far
the northwest eamer of Saba 12e1 and thin most
laCl �ycf/ocl jO 7¢%Oe THENCE Nam d5-i9'?E' East oim9 me awN fight-ai-woy Its of me vhaae
Srteey,NaRi`L Caun %� � a• Street a dsivnoe of 266.51 feet m me PDWT OF 6'cGMMNG and caiMinm9 -->599
La PD Qarnn9 an Wee ate of land.
city Owner e
w¢ eb —' Mom
Final Plat oin
. Ha amwa
------------------------ 77 3� �+ A7
:RB'3G481Y 288.3Y 5PaPef % rirOhrlCat at Bayo of est North
J , 1 Block, 16l ots north Dedicated Right -of -Way and OPer7 Space Deserve
a1 �
1 A SUBDIVISION OF 3.7599 ACRE (163,781 SQUARE FEET) OF LAND
6gyfa¢51 56053• M7Pas OUT OF THE JOHNSON AND HUNTER SURVEY, ABSTRACT 35, .AND THE
`ode No._-Oaur,ry, t W. P. SURVEY, ABSTRACT 30, CITY OF LA PORTE, HARRIS COUNTY,
rilm " D�` HDrn- TEXAS. •
N5by
v
�✓_" �P2-m ab.a �atn�aLsiL�en o � nv�r4 ew+ymewe �n vera IP' � y � � a
�a�m'am,� a WOW of w��°��'"� v a` aam oti af'a yam'$ P.aana aewae.re
My car � � s Pat n win w.bwa,.r, m� ar thud
a ne a�-*.,t (mar' er of I b�g"'�=md,.a,d a v an
2 'I REASON FOR PLAT: TO CREATE 16 SINGLE FAMILY
RESIDENl1AL LOTS
�crry ar!aPare
darARr Nor. rro 2007 f FINAL
c��c aeAiaE
�, m w on SOUTH TSZAS Sd�AAIFIrING ASSOCIATES, INC.
f�9i �lalmueld iva $!rig i,Sazitrp09 Hafistw� Pws�e 77g8s
location )a Joe: 1a.3215—D5p (281) 558s8S18 PAX (281) ws8 a 81
m�.waa ass � ,® an=tws ,.amas
cardsulrArrs s;;El IDo.
SHEET 3 ➢t _
RECORO pRAN7NG N0.
ot8e ut�g my Hm'¢ AND J1, r ard *n
laiiFo
xemy r,aTe noel amine_ . l
Ends mon �=- Immil billion memo by a � do Pines
Ed
eddmAois *bee .®ea,er, l Is n eed Pw•Ya s nes`" -
t me me mN'vums Red mN2 m be re eN Pei and 1 (m ] e•cs
aaa a a �'e •.,.a n., (s al ®d me ee: �,v� me
sz (Rune m ne m )
-jv Forel Corr
Cou
0
20T5001 Acres
ova of
ro :
>ycscecr 3c
ri or to Fors,
of T s
mo= rr a, a
- _,
unfi rpa�
LINE
6EURING
plef CE
L2
Xp'JSv p2^N
2.p6'
L9
NGP11'a6y!
mint,
eUrwe rGcl/e
Gp a(bE
pF-d
TANGe"vtli
d"Zra-
gal
CZ
4B':>a'26°
Zip! j 1Z56'
21.K'
G
9Ppp'do'
ado fi4A! 'I
all'
C4
9PWb!
29.pB' a9.pp'
Aa.e�
= mms..�namtrmm gmc.. T�
nee' Y2 Ed delP•.aet miss e o- irr.=da Pat�m
d lm� mine Iae. �
Bill-mb WE Myl m domissued g ^e lE a➢F TEg
T® R"oaoaaw Nn 2°i m °E Vie* �'Am
Rol Ol
mmi OF on
auaie
� is morsel domeamm�ma miming asat of"«e MY 0 Lff PaWE m and d.,ei,°^.d is adds, m any .ea,
dzaxa'.c. Rvawq aman•rc
ORE
a x�d amtma
: �d�
aY �rr a
W rfm j Ab' 30
cry ar co Porrc hams County, -„os
n ro.r � ro,re7
S-#reed---; �-i n
L�1(-�vti+'o��toY1c� �S-�-ormSe.werL
reel
B s-a5
�ad '� s CounTd
p. 40
accord=
e
6
DETENTION 1ol
od
ml
Jr� lid
odd, Of
VICINITY hgAP
Nor To t
Nam.
,-) This Phsom hoe mn*ins 3�6p4 mrse (1i5,963 spud„ leaf) er Imtl.
_
2.) BY 9raphlc pIOW09 mIX this hWeity Is In Zone of g'Y
he
Ineurm m Flood
Nate not CammunitY Pmei No. 482PIC Ca46 d at,
of to Porte, Hal CRod Tmae stln been m 'eifaefiea pvte c Nooembr fi.
1996 and Is not In a Emdi Flood Hill Arse
i) PrvpertY Zoned F-1 pankY Reaitlentldj
4-) Smnnee arm boded cn the meet Fl9ht-ai-WPY WE of 3raedwoq Etrde!
a.) Oenr/➢eWvpr Is ro mile is it me Inaiallons, of sideenkm alma ha* Ede
of WE public a�aet elthln We eubdluielm, and *mg *e wen
alde Of Seth Small
fi.) Oxnr,W eumopr is mmanelple fe molntmonce m Pfmpaded deist!
m
badly tftm We Prmraed 'op mG
Pool a moddymamma set) dins+. ei Iand b but
m
M rz'+adl� Ntlomm Bp dogs 2 pesd Necde m Have
bide
m�Cm . T = Xmt Will minimal :q dry me b Pinte
oommood d
..6p4 aco tam a and being mee only d w by maim
end mm
( Red _"- R stint eaten at m m`eeettae th man WE of din* 6�admY
a°ra, aa 11T;.. ou - d WE nod*met mnr ae Lot
= a. = odes
Mail set* es<.B•ag° wo
myp� �her"e "
�"° In do a ��m
-!B a Oat
i eat Bin toe•
ntExrs date min am d H
m
diseases ae. nod , 4_t, m vmam. x,a-, Pew 6,a Bad
al
sae a. rd o'°"d.d
N pope �
`aasidaral
u-s TW '
Nu* sa Will w d
Moslem ol also IM411Mushroomed dw a mnr
* *e mtm Hmt-ab-voq line et pA¢L-t Bynv
mu
of vary
TNTaC 6min Wont Emnt ding WE am* d9hi�ei-wY Ibe 'Minim
..rind a d of e Wems
er xxaxB {met me a hlemoy
mmummt (brow our*) reed sorit d mttr ar *H tn,�. dim
w
amuiw m Pant ding We ®,m dent-ar-.a, line ar xnm-m, wan.
as � a m.®t set * a all mot trod tad amt am'a
venr of *m
NPt2I r'b modelowl
Bw* glpp'4B' Eam , ding *e eset nine i lday ]he my Sul Evvdmey, a
min w of mtm set
to a 5m min -inn � at rod a r yr ae WE
-"-"
Tba?fl ecoatap' and viwnubg domtg *e sal right-ui-smy of addend
I dl
vSt*
dtmdwy,
0 tea_a3 sc me a s,,w mom brn
on mnd k a cnr a WEheal
faHm eat* ®31'iP -a o �4 Ode m beet m mt wan
omel aattt a
towy mmumet bcv Nokt a N
Mae iaC
i
. s
sine m-te'ax° Eamt a tlivtmo of It set m WE
4
031 Wine uB4 Dino ar lmtd of w EF�YNWG and
� d FarJaldde�dat�f
110J
retreat at of Po -rest Sautdt
1 Bloch; 12Loll 1 Reservefor _Det anon
A SUBDMSION OF 3,5804 ACRES (1551963 SQUARE FEET) OF LAND
OUT OF THE W, R HARRIS SURVEY, ABSTRACT 30, CITY OF LA PORTt,
HARWS COUNTY, TEXAS.
REASON FOP, REPLAY: TO CREATE 12 SINGLE FAMILY
REjiDENTIAL LOTS AND 1 RESERVE
M IFY CUL—DE—SAC BULB AND
ADD 15e DRAINAGE EASEMENT
CtZAP C scaT,� FINAL SIDBIul9�•AL - 2007
® SOUTH TEXAS SUAVMNO ASSOCZATES; t
( aN YSLZ) 828V Mah" o+d Awl BWV J SU"godd 08 Iwsfa4 ribs 7708E
a loci _ w n JOB. 1388—OAP ..� - (281 f d5m58-8918 PAX (I281) tS.SR_9-ape e
W a
5 �
a0rte
Town o La I'- �e'aTexts
E Vol 60 Ho9�= Goun9 0
Rdcords of
PRDJE"- MANAGER:
RENE RODRIGUET
BCUiH TEXAS OND AVE,
w il-1 41 INC.
11281 No TDM ND .AVE, S7E. J-tC1
HOUSiDN, TEK, A5 77082
{281) 556-6918
Dww R/Dc� I
THE RETREAT AT 9AY FOREST, LF.
T eC00 MEMORIAL DR, S. 100
HOUBTONo TEAS 77079-4007
%' �aT ka i10
rnNsuiranr's srE� No.
3
5rIEET�j pr ;
RECORD 13RAWINr N0.
as express we Dow moun, w. cm Respect at Form whore, s�ntu Woo r oft by me
en a says.
7,* 9 rc� oeglv Funk. LF� a none United ��� by ways a Town upown
ovad J Y.ba, J, fr,N Pvinr
c
NoM Polk n rH N air smb a Tm
IerYoptnS Revasxewvi Av®orr
. appose, (� wn Bw+xmt) war we ampsn amK corer me hddr W
a M (Q nm,))Wu Pw�tY eebtl F w part men we im ertst N may
Feet srhn (w dm4 oath woman by eri aim a,ee ex
1 b xe..� W look Yrtv..,�. �x .r
PHours lat mCrnnor
� to. Twe)� as Usiwmd�ewe I�pen b � hvW '�
hew not M ran er w set gweiasbrw. paint owme al W 9r. (v Iru7�a�e
by
amok Vlw q,amt roman rgrt
mhcaftwhV of
EW m ee P�Y
wom lessonW con t°"R�e purposesau a armto we mmoment tnry m_u uv Mumtv we PPP ea
.rba mellowness
e. lids twrba eePr.m.9 .m a cow weary urm mx basn
sax unm on, Han Ain stl. s tm4 one � b W
x.br wok a oW tr it 9me W Tan
Duk
H a x�o,w
mumnim}}.�yc the d r asel ions. a. ass W m. sbb W Tm b wsao qs
.r nm me qe( �Mevnkw� cpwppw�vµn�W��pPo(nb aPonY am F.see a e
ra nb4 we vox! mum owes F u1 sty, m loin Feb apa,mmi uet qFees
Tmw e.Lesson sam "llS, y3n
oral lib � whrwhx a"'a w Waan� w6m'.�I: w�a ran e..,uwnmt w xm.n at a.r re.a
ax.nbr, isrwK aysknmt
c�wo,tr =i x®w
mdWmem n m, Wow r ot
i3
14
7 to
West
F
3Z
30
28
27
�
Lc=
25
y
o Cq
24
2T
22
21
20
19
1e
1]
�tas�
xnP3e'b4
,0413'
8'
z
$
e,x2
WP39'xe'E
Oe ts'
®
S
3
I
\1
it 6.4egsF
NeP3e'b£
Qi
A
we
H�ROe'b:
Nllassets'
'
6
$
� O.IeaSF
Z
Ne MUI
�Iwlw
Jos
Most 7w Sbwt (L 0"i
p�500 Acres us
;3°i rr°AbSINet �;y lef
W. R' our`eYNorrb e dX
of L° Porte
cry m u
ty tom
Curve Table
CURVE
pf1TA
RAONS
TANGENT
LEyIGRI
ci
5W2]'05'
zS.Uo IZZV
23.76'
C2
54'27b5'
25.00'
12.66'
23.76'
C3
2H8'54'DB'
61.00'
277.29'
PO
Poo e d 79
won of L0112 Dee Teyos
60 Norri5 County 9
I
b4
lolls'
$
e15
t ,5'
8 14
$ 0.bR5F
WPC bt
$ e,
NeP�'bi
012
XePN'b'E
'i aw.15'
9 1 6..e
0.bRSP $
xeR'x'wS Rm6EM4E A
O6,s 25' 23' i MIDx eaSiN
sell
0.bR3 $ a��le.s3e.zz. le
xOT36'b'E
m,s• I '\ V
9 I �e.aMSF
NaTX'bE
10
-
-- —I' one
e�K ellr
-- S6P36'461Y 266,31r
wa�0awe, B per em _�4 LEGEND:
wtbwe my M1.M e.a sd W ono,, W xmeirx Wr aor sa sob I mac wwr. M. FT. - sDUARE FEET 1
F3iYr. - EASEYEx7
B.L - BUIIDIMG 11NE = I 1: /S1 m
GARAGE BUILOINC LINE W % I'
U.E. - UNIITY mum Green V
rant. Aid /—`eT L i t�� �o w. RIGHTpo EweT7 mvf N st s56G5sy M ear
a Had, cnty T® X.C.C.F. — HARRIS MUM CLERKS FILE 1 Flan God{ H0R15 Loin
H.C.D.R. — HARRIS MUM GEED RECDROs
By X.G.Y.R. — HARRIS LWNfY YAP RECORDS ht LOrds a
r�®
VICINITY 11(IYI-'
NOT TO SCALE
HS)IFSE
1.) Total platted ono contains 3.7599 oche (163,]61 square fort) of land.
2) By graphic plotting only, this property to In Zone 'X' on Flood Insurance
Rate Map, Community Panel No. 48201C 094s J, City of Lo Porte. Harris
County, Texas, whim bean an Effective pate of November 6, 1996 and Is
not In o Special Flood Hazard Area.
3.) Property Zoned R-1 (Low Density Residential)
4.) Baaringa are based on the wart Right —of —Way line of Broadway Street
5.) Owner/OeMoper Is responsible for the Improvement of subdivision
nhonca along West S' Sheet, am per the City of La Porte Standards
(PILM).
fi.) Dwns/peveloper Is responsible for the retaliation of sidewalks on both
sides of the public sheet within the Bubdivlelon, to the north and south
of Weat 'S' Street and along the weak aide of South Broadway.
]J Owner/Oeveloper to responsible for maintenance of propaeol detontion
boom m lin the proposed development.
FlEID NOTES fs a 3.75B9 sae (183.7e1 wuvn fast) too! of lontl r the Taal rt Ln
Pert, a mop of woi1 b rw0rdetl M Volume e0. Page 112 Oewtl Rococo of XeMw
County, Tema: Lot. 1-32, ay shown
wn d band Wiry r ton. Mod,. and Te Do: W of
3� Tb%es West Y' Element right-of-way tloeetl and abandoned and pollbe Wl P. Hands
s S1 TR SN: Wee being
u�ee'R15) out of the Jdtom Hillis alty,T as: said 3.7 ntl the W. P. Nome being . AbsnowfMY J0,
City of ed y woman
Hanle County, anec weld S7B0 ova IwOt of land being man Nlly
tlasvmed by matey and bountiv an iclawe:
BEGINNING at a 5/8 Ind xm ran But M the nsthwet cons of Blark 12SI: e d owner
marking the Interwectlm of the mouth reghtwf—ray line M'S Street o 60 fact wide
lobo iceeot wide public rose dory, right of line ar south Broadway Shwet (Od xlghwey 146), a
SSOCMTFS, INC. TfErNCE south. 0023Y2' East, along the wont boundary of mid Broadway Stowt a
U-101 distance of 615.00 feet, to 0 5/0 inch Bon red found far the northwest comer Of b10
tram
THENCE sou B9'36'45' West hoping the wok right of ray line 0r said Embassy sbM,
5f, LP distance or 266.31 (wrt to 0 5/8 Inch Iran Tod cost fur the eeuthwot 0vnr al this
E. 100 tom
1D7 ]HENCE North OCR3YY Bast along the wet boundary of City of is Parts Boy Forest
Caf Done and the east right —of —wry, Ilnw of het Shed a 60 fact wide right—of—way
dewed by Halls County Cvnmiaslmaw' Court, reacldwd In Vulumw 5307, Pg. 419, Dun
Records of Harris County, Tasee 0 WvlSnce of e15.00 feet to 0 5/0 Moh Iran red Be for
the northwest toms of Bloc 1231 and W fhb toe;
dc[ 3U TeXas THEIxCE North B9:A6'46' EaW, along the south right—cf—rry Ilene of the above mmtlmwd
Loun7pms) `s' Shot a 4mmo of 266.31 had to the PONT OF BEGINNING and cantaMing 3.7599
m We- mare of Ind.
FinaI Plat of
Retreat atBayForest North
Lots with Dedicated Right -of -Way and Open Space Reserve
UBDIVISION OF 3,7599 ACRES (153,781 SQUARE FEET) OF LAND
OF THE JOHNSON AND HUNTER SURVEY, ABSTRACT 35, AND THE
P. SURVEY, ABSTRACT 30, CITY. OF LA PORTE, HARRIS COUNTY,
,y
FOR PLAT: TO CREATE 16 SINGLE FAMILY
6� wiP �""°,'�`3Fr'T m"wla`TE II 2 RESIDENTIAL LOTS
citwe off 1111 y of Laporte
�mbe.'�,�o �_e�.�;�� s yua,,r6r7Ja. )]o 2007 FINAL SUBMffTAL
— ,�,,,g,,, aw memos ,., any blame n pv co m".,t ,.,.. W W W GRAPHIC SCALE SOUTH TE1 1 SURVEYINC ASSOCLURS, INC.
�mm vdol a.ae.m,wn �r
ell 113
pry a uw vsaa ovwmasl r
¢ IRBY ]ltRlm7io6Ed IExi. DWI ipswaR—f0f Hautosr. 7'as'ne Y7082
:"o.nW we (P81) 668-68/8 PAX (281) 668-89sf
. Bwani prrb,mt (W .air W I d iron` :`sa w a.rbn t i O )� JOB: 1388—OSP aeP„tye a� B.,n T® a,.at,g r�a.b, .�
1
J
ell
5 Yoa
4�0
b eRZ
7 \
e
10
11
out 0, Tract 4,A
Ab5lrna
W. p. P � 0H, orns n
C�tY �Cwnec F. CdRi
RENE RODRIGUU
SOYIH TEXAS SURVEYING l
112e1 RICXYOND AVE, SR
NOUSTONo TEXTS 770e2
(?ef) ss6—Wle
OWNER IOEV 11%
THE REIIIFAT AT BAT FORT
f WDD YEY IEUIS ORIVE, s
x0usrgx, TfltAR ne7q-4
;r°¢l ge56
W- P La Porto eYHonn9t
CJY Owner: F. cook
1 Block, 16
A S
OUT
W.
TEXAS,
REASON
CONSUL7ANY5 aFIEET NO.
3
not
2
Z
0
m0
NWKona
W
Zeyy
Iu
m
y
2
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Tro�r F!
W P Hwv_y, ris SurAbstract 30
Ciry of Lo Porte Hanle County Texas
(one eb of 0 von.)
.—
"�rn�n ant _:
lay amr of Iaw e.na�.Wru.d a pon.dr '
Scoal 0ono wTHl
® Am 5Rn tTi�y sei.t.��_
n awl%°z=as �n1°kaa�` fare 'bmam�i6r In an oat m. wmb
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w xm`i �oa fi®
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nd opewag,
t
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sz9
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Dsso6Aareaw
s I rt ae
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6 Grts H4lr CountYTdxos a,
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P a6
PROJECT MANAGER:
RENE RODRIGUEZ
SOUTH TEXAS SURVEYING PSSOCIATES, INC.
HOUS N, TEXAS AVE, SiE. J-101
HousroN, TEXAS 77082
By
(231) 556-6918
OWNER/DEVELOPER:
THE RETREAT AT BAY FOREST, LP.
16000 MEMORIAL DR, STE 100
HOUSTON, TEXAS 77079-4007
GRAPHIC SCALE
lizedha,,50 Be
1II sf ��
Ross
v di92R
IAa
Orr I II
ICry of LaPorte
Survey Marker No.
of L �rte
NanYer Ab. 110
As,
S e 236sF
Dsso6Aareaw
s I rt ae
oI L°,i FZ Deed
6 Grts H4lr CountYTdxos a,
of
P a6
PROJECT MANAGER:
RENE RODRIGUEZ
SOUTH TEXAS SURVEYING PSSOCIATES, INC.
HOUS N, TEXAS AVE, SiE. J-101
HousroN, TEXAS 77082
By
(231) 556-6918
OWNER/DEVELOPER:
THE RETREAT AT BAY FOREST, LP.
16000 MEMORIAL DR, STE 100
HOUSTON, TEXAS 77079-4007
GRAPHIC SCALE
lizedha,,50 Be
1II sf ��
Ross
v di92R
IAa
Orr I II
ICry of LaPorte
Survey Marker No.
of L �rte
NanYer Ab. 110
,Mrot
'Site
IN
VICINITY MAP
NOT TO SCALE
NOTIM
1.) Total platted ante contains 3.5604 scree (155,963 square feet) of land.
2.).By graph plotting only. tale propety Is In Zone'AE' 3'X' on Rood
Insurance Rate Map, Canmunity Panel No. M201C M45 J, City of la
Parts,typ beentsIto Date of Newnbr 6,
19 and In not Ina Special Ala
3.) Property Zoned R-1 (Los Density Residential)
4.) Sal ore based n the west Right -of -Way line of Broadway Sh«L
5.) Oxar/De ehpr is reaporm le for floe Instollation of sidewalks doing boon
old" of toe public etas.! wimin the subdixalon, end dong me oust aide
of Svutb anneal
6.) Dwnr/b wlopr Is responsible for maintenance of proposed dental
basin wlthln the proposed dewlepmnt.
RIZILD for a ot of land It the Town al ce
wool 112
Porte, voTES
mm of a l InAr mtletl(155,90 ll e0. Fape Dowd Rollo of Hmla
Coal Towneg won t w mw W. P. HaMs Sum% Ababa! 301 My w to Patty
Hal f evM 55904 now beet of land boles mve MIy doe2ed by mare
notablenti,
e moor west
tLat an
(2 o 11%fiivllTNWe beinkp bch
nwt ow ! W bm naMn�mnnr ae l�
.. Id Tom 0 W Pats:
ula 3 and
neTM ecomr 6133]
oft t� Bed
qe wine von of W Pao b dl. a toW distance
of 301.26 And b a 5/8 in ins oot far tow NeerMwnt carer w orb bout
THENCE wors; the AO Net slaw bonds CoN Flood ConW District:
ne1O1-12-01J,
Onalstesso .set (UT) r�edsd k Vdumo 27551 Pope 51+ Dood
Returns of Name l Teooe, an fdlos
Narth OTTT�• uv 106e6 feel
North ' Woof mn not
Tor
Noran M' Wet 75" fool
Nam u l IS].en tool
M'vanBonn. y,00.� to the waum right -of- Y e wWha1e Wens
BwIwNNorth
t b a
Tlsll Swm 69'46'4B' East Bass be aura rijA-al Ike Be Woman Wane
Saw.saq a dl.smas of g 70 ent (bran aria in concede)
to v hbn.vy mmum
found b a ennr of orb bet
South
TI 451WSp' sma. dons no sal riyri-of-way line of am bei IN I a
of e9.72 west m a 5/6 inch Son, rad K Ba'a snr of orb
Mal
ba
w aed
TH�ct: o Fa.t, dap no sew right -all w seam r. a
of 25 0 now: ne
ce of >st.m w..t m e s/e ina ten rod K tir a mar w orb beat
nor;
Tiw� Sa fla Nz 00` East, onsol costs� e ..w r .lad-w-my of Saul Broadway,
ly
5
ce of 9322 taw b a 5ro k se rl N a cony N orb boot
}
THall seam m�1'le Eaw. a tlblmce of 52a few to a paint Ton Al point v
wean highway monument bon Nam ➢912'31' Wet O.H fert
TiI Sam�9]6'O2'Cost. dMnce w Bob Peet to the PANT K Wall mtl
containing name le
Final Replat of
"� ell
Retreat at Bay Forest South
1 Block, 12Lots, 1 Reserve for Detention
A VISION OF 3.58Q4 ACRES (155,963 SQUARE FEET) OF LAND
OUT OF THE W. P. HARRIS SURVEY, ABSTRACT 30, CITY OF LA PORTE,
HARRIS COUNTY, TEXAS. -
REASON FOR REPLAT: A CREATE 12 SINGLE FAMILY
RESIDENTIAL LOTS AND 1 RESERVE
MODIFY CUL—DE—SAC BULB AND
ADD 15' DRAINAGE EASEMENT
CONSULTAM'S SHEc, NO
3
cl,
W O
0
Lo
W h O W
5�
�> Wa
W QN �m
1Y C
a 2Q
Y 0
o �
FINAL SUBMfTTAL � 2007 0 SHED 3 D,
SOUTB TI..YySS S0RV6YING ASSOCIdTSSw INC. REcorr� ORAWIIJG Nc.
fall RtohmorW Ivs Il J,BtAfW-fOf Hmtutopq TssnW 77082
JOB: 9388-04P �,b,a,(281)556,mc f8 P" (281) 566-8331
Retreat at Bay Forest Summary
Submitted v. Recommended
South North
Submitted $83,683.74 Submitted $101,479.26
Recommended $65,788.44 Recommended $ 83,538.66
Difference $17,896.30 Difference $ 17,940.60
Engineering Fees
Submitted $33,950.92
Recommended $15, 172.79
Difference $18,784.13
Grand Totals
Submitted $219,119.92
Recommended $164,499.89
Difference $ 54,620.03
r�'
LPRA and TIRZ Board Meeting
June 27, 2007
Retreat at Bay Forest
Reimbursable items Submitted
South
1
Concrete Pavement
116
SY
$29,00
$9,364.00
2
6" Lime Subgrade
201
SY
$4.00
$804,00
3
6" Concrete Curb
37
LF
$2,40
$72,00
4
4' Concrete Walk
22
SY
$35.00
$770.00
5
ADA Ramps
2
LF
$450.00
$900,00
6
24" RCP
14
LF
$70.00
$980.00
7
24" HDPE
37
LF
$36.00
$1,332.00
8
1PHot Channel
324
LF
$76.86
$8,637.84
9
Rip Rap
10
CY
$40.00
$400.00
10
Storm Sewer Manhole
1
EA
$2,000,00
$2,000.00
11
Headwall
2
EA
$1,400.00
$2,000.00
12
Concrete Apron
1
SY
1 $39.00
$39:00
13
Fxcavation
3936
CY
$&()0
$19,680.00
14
Sanitary Sewer Manholes
1
EA
$2,000.00
$2,000.00
15
8" Sanitary Sewer Pipe
165
LF
$32,00
$5,280.00
16
8" Water Line
261
LF
$30.90
$8,064.90
17
8x8 Tap & Sleeve Valve
1
EA
$2,800,00
$2,800.00
18
16" Bore & Steel Casing
66
LF
$3eo.00
$23,760.00
Total
Engineering Fees $33,956.92
North
1
Concrete Pavement
194
SY
$29.00
$5,626.00
—L
6" Lime Suhgrade
284
SY
$4.00
$1,136.00
3
6" Concrete Curb
30
LF
$2.40
$72.00
4
4' Concrete Walk
80
SY
$35,00
$2,100.00
5
ADA Ramps
2
LF
$450.00
$900.00
6
18" RCP
362
LF
$61.00
$22,082.00
7
24" RCP
17
LF
$70.00
$1,190.00
8
24" HDPE
50
LF
$30.00
$1,800.00
9
Pilot Channel
191
LF
$26.66
$5,092.08
10
$term Sewer Manhole
2
EA
$2,000.00
$4,000.00
11
18" Pipe End Treatments
4
EA
$500,00
$2,000.00
12
Headwall
2
EA
$1,400.Q0
$2,800.00
13
Concrete Apron
1
SY
$39;00
$39.00
14
Excavation
3339
CY
$5.00
$16,695.05
15
18anttary Sewer Manholes
1
EA
$2,000,00
$2,000.00
16
8" Sanitary Sewer Pipe
165
LF
$32,00
$5,280.00
17
8" Water Line -
208
LF
$30.90
' $6,427.20
18
8x8 Tap & Sleeve Valve
1
EA
$2,800.00
$2,8ou.00
19
16" Bore & Steel Casing
54
LF
$360.001
$19,440.00
$83,683.74 Total
$101,479.26
LPRA and TIRZ-Board Meeting
June 27, 2007
Retreat at Bay Forest
Reimbursable Items Recommended
South
6
24" RCP
14
LF
$70.00
$980.00
7
24" HDPE
37
LF
$36.00
$1,332.00
8
PilotChannel
324
LF
$26.66
$8,637 84
9
Rip Rap
10
CY
$40.00
$400.00
10
Storm Sewer Manhole
1
EA
$2,000.00
$2,000.00
II
.Headwall
2
EA
$1,400.00
$2,800.00
12
lConcrete Apron
1
SY
$39.00
$39.00
13
lExcavation
3935
CY
$5.00
$19,680.00
14
Sanitary Sewer Manholes
1
EA
$2,000.00
$2,000.00'
16
8" Water Line
44
LF
$30.90
$1,369.60
17
8x8 Tap & Sleeve Valve
1
EA
$2,800.00
$2,800.00
18
16" Bore & Steel Casing
66
LF
.$360.00
$23,760.00
Total
Engineering Fees $15,172.79
North
1
Concrete Pavement
194
SY
$29.00
$5,626.00
2
6" Lime Subgrade
284
SY
KOO
$1,136.00
3
6" Concrete Curb
30
LF
$2.40
$72.00
4
4' Concrete Walk
60
SY
$35.00
$2,100.00
6
18" RCP
110•
LF
$61.00
$6,710.00
7
24" RCP
17
LF
$70.00
$1,190.00
8
24" HDPE
50
LF
$36.00
$1,800.00
9
1 Pilot Channel
191
LF
$26,66
$5,092.06
10
Storm Sewer Manhole
2
EA
$2,000.00
$4,000.00
11
18" Pipe End Treatments
4
EA
$500.00
$2,000.00
12
Headwall
2
EA
$1,400.00
$2,800.00
13
Concrete Apron
1
SY
$39.00
$39.00
14
Excavation
3339
CY
$5.00
$16,695wo
15
Sanitary Sewer Manholes
1
EA
$2,000.00
$2,000.00
16
8" Sanitary Sewer Pipe
165
LF
$32.00
$6,280.05
17
8" Water Line
154
LF
$30.90
$4,758,60
18
8x8 Tap & Sleeve Valve
1 1
EA
$2,800.001
$2,600.00
19
16" Bore &Steel Casing
54
LF
$360.00
$19,440.00
$65,788.44 Total
$83,638.66
DEVELOPMENT AGREEMENT
Between
REINVESTMENT ZONE NUMBER ONE
CITY OF LA PORTE
and
LA PORTE REDEVELOPMENT AUTHORITY
and
RETREAT AT BAY FOREST LP
I
HOU:23227I8.7
DEVELOPMENT AGREEMENT
This Agreement ("Agreement'), effective , 2007, is made by and between
REIN VESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("La Porte Zone"), a
tax increment reinvestment zone created by the City of LaPorte, Texas (the "City") pursuant to
Chapter 311 of the Texas Tax Code, as amended, acting by and through its governing body, the
Board of Directors (the "Zone Board"), LA PORTE REDEVELOPMENT AUTHORITY ("La
Porte Authority"), a local government corporation created and organized under the provisions of
the Texas Transportation Corporation Act, Chapter 431, Subchapter D, Transportation Code, and
authorized and approved by the City pursuant to Resolution No. adopted on
, acting by and through its governing body, the Board of Directors (the "La
Porte Board") and RETREAT AT BAY FOREST LP, a Texas limited partnership (the
"Developer").
RFCTTALS
WHEREAS, by Ordinances No. the City Council of the City created the La Porte
Zone in the City pursuant to Chapter 311 of the Texas Tax Code, as amended, and pursuant to a
Preliminary Project Plan and Preliminary Reinvestment Zone Financing Plan, and appointed its
Board of Directors ("TIRZ Ordinance"); and
WHEREAS, the Zone Board adopted a final Project Plan and Reinvestment Zone
Financing Plan (the "Project Plan") and submitted the final Project Plan to the City Council of
the City for approval; and
WHEREAS, the City Council approved the final Project Plan by Ordinance No. ;
WHEREAS, the City authorized the creation of the LaPorte Authority to aid, assist and
act on behalf of the City in the performance of the City's governmental functions with respect to
the common good and general welfare of La Porte and neighboring areas as described in the
TIRZ Ordinance; and
WHEREAS, the City, the La Porte Zone and the La Porte Authority have entered into
that certain Agreement dated , and approved as Ordinance No. (the
"LaPorte Agreement"), pursuant to which the City and the LaPorte Zone contracted with the
La Porte Authority to administer the La Porte Zone including, but not limited to, the power to
engage in activities relating to the acquisition and development of land, to construct and improve
infrastructure in LaPorte, to enter into development agreements with developersibuilders in
La Porte, and to issue, sell or deliver its bonds, notes or other obligations in accordance with the
terms of the La Porte Agreement upon the approval of the City Council of the City; and
WHEREAS, the La Porte Agreement further provides that the La Porte Authority must
obtain the prior approval of the City for an project approved in the La Porte Zone's Project Plan
that is constructed or caused to be constructed by the La Porte Authority; and
HOU:2322718.7
WHEREAS, the Texas Tax Code provides that the La Porte Zone may enter into
agreements as the Zone Board considers necessary or convenient to implement the Project Plan
and achieve its purposes; and
WHEREAS, the La Porte Board and the Zone Board have determined that it is in the best
interest of the La Porte Zone and the La Porte Authority to contract with the Developer, in order
to provide for the efficient and effective implementation of certain aspects of the Project Plan;
and
The Developer desires to proceed with the development of an urban project consisting of
residential, commercial, industrial and retail on land located within the La Porte Zone (the
"Project") prior to the time that the La Porte Authority can issue its bonds or incur other
obligations to pay the costs of the Public Improvements (as defined herein);
NOW THEREFORE,
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations, and benefits of
this Agreement, the La Porte Zone, the La Porte Authority and the Developer contract and agree
as follows:
ARTICLE 1
GENERAL TERMS
1.1 Definitions. The terms "Agreement," "City," "Developer", "La Porte
Agreement," "LaPorte Board," "LaPorte Authority," "LaPorte Zone," "Project," and "Zone
Board" have the above meanings, and the following terms have the following meanings:
"Act" shall mean the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as
amended.
"Authority Bonds" shall mean the La Porte Authority's tax increment revenue bonds
issued in one or more series pursuant to Section 6.1(11) of this Agreement.
"Available Tax Increment" shall mean funds in the Tax Increment Revenue Fund.
"Completion" shall mean completion of construction of the Public Improvements in
accordance with the Plans and Specifications so that the Project can be used and maintained for
its intended purposes. Completion shall be approved by the City and certified by the engineering
firm engaged by Developer to make such certification.
"Contract Progress Payment" shall, mean the payment due to a contractor or consultant
hired by Developer to complete the Public Improvements. A contract progress payment must be
supported not only by a report of a certifid public accountant as required in Section 6.1(B), but
also by customary documentation including, but not limited to, the name and address of the
contractor, a description of the contract pursuant to which the payment is requested, the amount
of such payment, the original contract amount, total payments made to date on such contract, an
2
HOU_2322718.7
estimate of remaining work to be completed, the cost of such work, and customary lien and
subcontractor releases.
"County" shall mean Harris County, Texas.
"Developer Advances" shall mean any funds advanced for Project Costs by the
Developer pursuant to Section 6.1 of this Agreement and shall include any interest payable
thereon as prescribed in this Agreement.
"Parties" or "Party" shall mean the La Porte Zone, the La Porte Authority and the
Developer, the parties to this Agreement.
"Plans and Specifications" shall mean the designs, plans and specifications for the Public
Improvements prepared or to be prepared by engineering and landscape architect f=s at the
direction of Developer in accordance with the Project Plan and as approved by the City in
accordance with Section 4.2.
"Pledged Available Tax Increment" shall mean the Available Tax Increment attributable
to the Project.
"Property Account" means an account within the Tax Increment Revenue Fund
established by the City to account for the tax increment attributable to the Project Site, the
proceeds of Authorized Bonds issued . to finance Public Improvements pursuant to this
Agreement, and other obligations issued pursuant to Article 6, and earnings from the investment
of such amounts.
"Project Costs" shall mean the cost of the Public Improvements.
"Project Plan" means the Project Plan and Reinvestment Zone Financing Plan for
Reinvestment Zone Number One, City of LaPorte, as approved by the City Council on
, and as thereafter amended and approved by the City Council.
"Project Site" shall mean the area known as , located in certain tracts
described in Exhibit A, and all improvements located thereon.
"Public Improvements" shall have the meaning provided in Article 3 of this Agreement.
"State" shall mean the State of Texas.
"Tax Increment Revenue Fund" shall mean the special fund established by the La Porte
Authority and funded with payments made by the City and any other participating Taxing Units,
pursuant to the La Porte Agreement, which payments are attributable to ad valorem property
taxes paid on the Project Site.
"Taxing Unit" shall mean individally and collectively, the City and any other taxing
units participating in the La Porte Zone.
3
HOU2322718.7
1.2 Sin�zWar and Plural. Words used herein in the singular, where the context so
permits, also include the plural and vice versa. The definitions of words in the singular herein
also apply to such words when used in the plural where the context so permits and vice versa.
ARTICLE 2
REPRESENTATIONS
2.1 Re resentation of La Porte Authori _ The La Porte Authority hereby represents
to the Developer that:
(A) The La Porte Authority is duly authorized, created and existing in good
standing under the laws of the State and is duly qualified and authorized to carry on the
governmental functions and operations as contemplated by this Agreement.
(B) The La Porte Authority has the power, authority and legal right to enter
into and perform this Agreement and the execution, delivery and performance hereof
(i) have been duly authorized, (ii) to the best of its knowledge, will not violate any
applicable judgment, order, law or regulation, and (iii) do not constitute a default under,
or result in the creation of, any lien, charge, encumbrance or security interest upon any
assets of the La Porte Authority under any agreement or instrument to which the La Porte
Authority is a party or by which the La Porte Authority or its assets may be bound or
affected.
(C) The Project, the Public Improvements and the Project Costs are
components of or are consistent with the Project Plan.
(D) This Agreement has been duly authorized, executed and delivered by the
La Porte Authority and, constitutes a legal, valid and binding obligation of the La Porte
Authority, enforceable in accordance with its terms except to the extent that (i) the
enforceability of such instruments may be limited by bankruptcy, reorganization,
insolvency, moratorium or other similar laws of general application in effect from time to
time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable
remedies including specific performance may be unavailable.
(E) The execution, delivery and performance of this Agreement by the
La Porte Authority does not require the consent or approval of any person whit_ h has not
been obtained.
(F) The La Porte Authority has an exemption from the payment of sales and
use taxes pursuant to the statute under which the La Porte Authority was created.
2.2 Representation of LaPorte Zone. The LaPorte Zone hereby represents to the
Developer that
(A) The La Porte ZoneA is duly authorized, created and existing in good
standing under the laws of the State and is duly qualified and authorized to carry on the
governmental functions and operations as contemplated by this Agreement.
C
n
xou:2322718.7
(B) The LaPorte Zone has the power, authority and legal right to enter into
and perform this Agreement and the execution, delivery and performance hereof (i) have
been duly authorized, (ii) to the best of its knowledge, will not violate any applicable
judgment, order, law or regulation, and (iii) do not constitute a default under, or result in
the creation of, any lien, charge, encumbrance or security interest upon any assets of the
La Porte Zone under any agreement or instrument to which the La Porte Zone is a party
or by which the La forte Zone or its assets may be bound or affected.
(C) The Project, the Public Improvements and the Project Costs are
components of or are consistent with the Project Plan.
(D) This Agreement has been duly authorized, executed and delivered by the
La Porte Zone and constitutes a legal, valid and binding obligation of the La Porte Zone,
enforceable in accordance with its terms except to the extent that (i) the enforceability of
such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium
or other similar laws of general application in effect from time to time relating to or
affecting the enforcement of creditors' rights and (ii) certain equitable remedies including
specific performance may be unavailable.
(E) The execution, delivery and performance of this Agreement by the
La Porte Zone does not require the consent or approval of any person which has not been
obtained.
2.3 Representations of the Developer. The Developer hereby represents to the
La Porte Authority and the La Porte Zone that:
(A) The Developer is duly authorized, created and existing in good standing
under the laws of the State and is qualified to do business in the State.
(B) The Developer has the power, authority and legal right to enter into and
perform its obligations set forth in this Agreement, and the execution, delivery and
performance hereof, (i) have been duly authorized by requisite corporate action, (ii) will
not, to the best of its knowledge, violate any judgment, order, law or regulation
applicable to the Developer or any provisions of the Developer's by laws or limited
partnership agreement, and (iii) do not constitute a default under or result in the creation
of, any lien, charge, encumbrance or security interest upon any assets of the Developer
under any agreement or -instrument to which the Developer is a party or by which the
Developer or its assets may be bound or affected.
(C) The Developer will have sufficient capital to perform its obligations under
this Agreement at the time it needs to have sufficient capital.
(D) This Agreement ha's been duly authorized, executed and delivered and
constitutes a legal, valid and binding obligation of the Developer, enforceable in
accordance with its terms exceNt to the extent that (i) the enforceability of such
instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or
other similar laws of general application in effect from time to time relating to or
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HOU:2322718.7
affecting the enforcement of creditors' rights and (ii) certain equitable remedies including
specific performance may be unavailable.
ARTICLE 3
THE PUBLIC IMPROVEMENTS
3.1 Public Improvements. The Public Improvements shall be and include the design,
construction and installation of certain public infrastructure relating to the Project, such
infrastructure being more particularly described in the Plans and Specifications.
3.2 Project Costs. The estimated Project Costs of the Public Improvements are
described in Exhibit B. The Public Improvements will be developed pursuant to the Plans and
Specifications and a schedule that is mutually agreeable to the Parties. The Project Costs shall
include all architectural, engineering, design, legal and other consultant fees and expenses (as
further set forth in Section 6.1(A) hereof) related to such Public Improvements. The Project
Costs may be modified with approval of the Board of Directors of the La Porte Authority.
3.3 Obli ag tion. The Public Improvements shall be designed, acquired, constructed
and implemented in accordance with the Plans and Specifications to be approved by the City
under Article 4.
,ARTICLE 4
DUTIES AND RESPONSIBILITIES OF THE DEVELOPER
[r 4.1 Construction Mana er. Subject to Article 3, the Developer agrees to construct the
Public Improvements as described in the Plans and Specifications and to provide and furnish, or
cause to be provided and fim fished, all materials and services as and when required in connection
with the construction of the Public Improvements. The Developer will obtain all necessary
permits. and approvals from the City and all other governmental officials and agencies having
jurisdiction (including the approvals required under the La Porte Agreement), provide
supervision of all phases of construction of the Public Improvements, provide periodic reports as
may be reasonably requested and required by the La Porte Authority from time to time of such
construction to the La Porte Board' with copies to the City, and cause the construction to be
performed in accordance with the Plans and Specifications.
4.2 Design of the Public Improvements. The Developer shall prepare or cause to be
prepared the Plans and Specifications for the Public Improvements. Prior to the commencement
of construction or implementation of the Public Improvements, the Plans and Specifications must
be submitted to and approved by the City and all other regulatory authorities having jurisdiction.
Once the City has approved the Plans and Specifications, no changes thereto can be made
without the express written approval of the City, the Zone Board, and the La Porte Authority.
4.3 Com lets tion. On the later of completion of the construction of the Public
Improvements or thirty days after this Agreement is executed, Developer shall provide the
LaPorte Authority and the City with a Anal cost summary of all costs associated with such
Public Improvements, a certificate of Completion and evidence that all amounts owing to
contractors and subcontractors have been paid in full evidenced by customary affidavits executed
�_. by such contractors.
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HOU:2322718.7
4.4 Conveyance of Easements. If applicable, the Developer shall grant the City and
the La Porte Authority all required temporary construction and access easements necessary to
maintain the Public Improvements. The easements granted must be satisfactory for the intended
purpose as determined by the City. On property owned by the La Porte Authority, the La Porte
Authority shall grant the Developer at no cost all required temporary construction and access
easements necessary to install the Public Improvements.
4.5 Payment of Fees. If applicable, Developer agrees to pay any monthly rates and
charges for water and sewer services and shall pay all applicable City building permit fees for the
Public Improvements.
4.6 Cooperation. Developer agrees that it will cooperate with the La Porte Zone and
the LaPorte Authority and Developer will provide all necessary information to the La Porte
Authority and its consultants in order to assist the La Porte Authority in complying with the
La Porte Agreement, including, without limitation, the completion of the audit and construction
audit required therein.
4.7 Ad Valorem Taxes. The Developer agrees that all real property within the Project
Site will be valued for taxation in accordance with Section 23.01, Texas Tax Code and as
hereinafter may be amended, and that it will not request such property to be valued for taxation
on the basis of inventory as permitted by Section 23.12, Texas Tax Code and as hereinafter may
be amended.
4.8 Desio and Completion of Public Improvements prior to Effective Date. Prior to
the effective date of this Agreement, the Developer has committed and expended fiends in
amounts for Public Improvements described in Exhibit B, in reliance upon the City's
commitment to establish the Zone and the La Porte Authority's commitment to pay or reimburse
such costs in accordance with the terms herein, but no other contract has heretofore been entered
into by the Developer with the LaPorte Authority or the LaPorte Zone to provide for such
expenditures and reimbursement. The Developer represents that the fair market value of the
work and property resulting from the funds so committed or expended and benefiting the
La Porte Authority and the La Porte Zone is at least equal to the amounts so committed and
expended, respectively. In order to compromise and settle all claims the Developer may have
arising out of any failure by the La Porte Authority and La Porte Zone to reimburse funds
heretofore expended by the Developer for such Public Improvements, by entering into this
Agreement,
(A) the La Porte Authority and the LaPorte Zone agree to reimburse the
Developer for Project Costs of such Public hmprovements paid or incurred prior to the
date hereof in a total amount of committed funds specified in Exhibit B plus financing
costs and/or interest as set forth in Section 6.1 below, attributable thereto in accordance
with and subject to the other provisions hereof, without admitting liability of any kind on
their part, and
(B) the Developer releases and discharges the La Porte Authority and the
LaPorte Zone from all claims of any nature the Developer might make, now or in the
fixture, arising out of any failure by the La Porte Authority and La Porte Zone to pay or
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HOU:2322718.7
reimburse the Developer for any other work done prior to the date hereof or in any
greater amount or on any other conditions for work performed in connection with Public
Improvements prior to the date hereof.
49 Chan es in Project. The Developer shall not awake any change in the Project as to
the uses of the property or change the boundaries within the Project Site without the express
written consent of the City, the La Porte Board and the Zone Board.
4.10 No Vested Rights. The Developer expressly understands and agrees that neither
this Agreement nor any approvals required herein shall be construed as a "permit," as defined in
Section 245.001 of the Texas Local Government Code, or an application therefor, and, as such,
the Developer has no vested right as a "permit" in any order, regulation, ordinance, rule,
expiration date or other requirement in effect at the time of execution of this Agreement or at the
time any approval pursuant to the terms hereof is obtained. To this end, Developer, for itself, its
officers, agents, employees, successors and assigns, hereby releases and holds harmless the City,
the La Porte Authority and the La Porte Zone from any claim or cause of action involving vested
rights, including, but not limited to, such a right claimed pursuant to Chapter 245 of the Texas
Local Government Code, arising out of this Agreement or the approvals required to be obtained
herein.
ARTICLE 5
DUTIES AND RESPONSIBILITIES OF THE LA PORTE AUTHORITY
5.1 La Porte Authority Contributions. The La Porte Authority shall pay or reimburse
( to Developer the Project Costs in the amount of the actual costs of the Public Improvements as
more particularly described in and as provided by Articles 3 and 4. The total, actual Project
Costs of the Public Improvements, for which the La Porte Authority shall be responsible under
the terms of this Agreement, is estimated to be $11,746,000. Attached hereto as Exhibit B is a
detailed description of the engineering estimates of the Public Improvements. The Project Costs
shall be financed and funded in accordance with Article 6 hereof In the event a portion of the
Public Improvements is determined to be ineligible under the Act, the Project Costs shall be
reduced by the amount of such ineligible Public Improvements. If the LaPorte Authority has
already repaid Developer for such ineligible Public Improvements in accordance with this
Agreement, the Parties agree that Developer shall reimburse the LaPorte Authority for such
repayment within thirty (30) days of receipt of an invoice from the LaPorte Authority and all
such sums shall bear interest at the rate established in Section 6.1(F) from the dale past due until
the date of such reirnbursemerit. Should the Developer fail to timely pay such amount, the
La Porte Authority may, in its sole discretion, withhold the amount due, including accrued
interest, from future Contract Progress Payments.
5.2 Project Costs. The La Porte Authority shall pay or reimburse the Project Costs in
accordance with this Agreement. In the event the La Porte Authority does not have funds
available at the time all or part of the Project Costs are payable by the LaPorte Authority in
accordance with. this Agreement, the Project Costs shall be funded in accordance with Article 6
hereof, and such funding shall not be deemed a default by the La Porte Authority under this
Agreement.
M
HOU:232271$.7
ARTICLE 6
PUBLIC IMPROVEMENTS FINANCING AND FUNDING
6.1 Developer Advances.
(A) Developer shall advance sufficient fands as such become due for all costs
comprising the Project Costs including, without limitation, all costs of design,
engineering, materials, labor, construction, and inspection arising in connection with the
Public Improvements, including all payments arising under any contracts entered into by
Developer pursuant to this Agreement, all costs incurred in connection with obtaining
governmental approvals, certificates or permits (including any building permit fees)
required as a part of any contracts entered into in accordance with this Agreement and all
related legal fees incurred in connection therewith.
(B) The Developer must submit, within sixty (60) days after the latest of
recording a final plat of property within the Project Site, signing this Agreement, or
completing an identifiable segment of Public Improvements not subject to the platting
requirements of the City, a request for a Contract Progress Payment when an identifiable
segment of Public Improvements has been completed. Documentation of cost and
completion shall be forwarded to the La Porte Authority. The La Porte Authority, at its
expense, shall hire a certified public accountant to calculate the amount due Developer
and shall prepare and submit, within a reasonable time, a report to the La Porte Board and
send a copy to the City Manager. Requests for Contract Progress Payments shall be
submitted only when an identifiable segment of Public Improvements has been
completed and shall be submitted no more often than once every sixty (60) days. If the
La Porte Authority does not have sufficient funds to pay any Contract Progress Payment
within 30 days of the date the certified public accountant's report is received by the
La Porte Board, Developer shall be deemed to have advanced such amount to the
La Porte Authority as of the date actually expended by the Developer. Interest (as
defined in Subsection 6.1(F)) on each Developer Advance made pursuant to this
Subsection shall accrue from the date the Developer expended the farads and shall accrue
for a maximum period of five (5) years from such date. At such time as fands are
available to pay all or any portion of the Developer Advances made hereunder, the
La Porte Authority, at its expense, shall hire a certified public accountant to calculate the
amount due Developer and shall prepare and submit a report to the La Porte Board and
send a copy to the City Manager certifying (1) the amount due Developer for the
Developer Advances being repaid with interest calculated thereon as specified herein and
(2) that funds are available to make such payment. Upon receipt of such report, the
La Porte Board shall promptly authorize and make payment to Developer.
(C) If, upon Completion of the Public Improvements and conveyance of the
Public Improvements to the La Porte Authority, or the City, as applicable, the La Porte
Authority does not have sufficient funds to reimburse to Developer the unpaid balance of
the Project Costs, Developer shall4be deemed to have advanced to the La Porte Authority
an amount equal to the difference between (i) the amount of the Project Costs which has
been previously paid by the La Porte Authority to Developer and (ii) the final cost of the
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HOU:2322718.7
Public Improvements as evidenced by documentation approved by the La Porte Board in
accordance with Section 4.3.
(D) Each Developer Advance shall be evidenced by a certificate in the form
attached hereto as Exhibit C.
(E) The La Porte Authority shall begin repaying the Developer Advances, and
shall continue such repayment until repaid in full, on the earliest date that funds are
available from any of the following sources.
(1) proceeds of any applicable bank loan;
(2) proceeds from the sale of applicable La Porte Authority Bonds; or
(3) the available Tax Increment Revenue Fund attributable to the Project.
(F) Subject to the limitations described in Section 6.1(B) hereof, interest on
each Developer Advance shall accrue at the prune rate of JPMorgan Chase Bank.
Interest shall be calculated on the basis of a year of 360 days and the actual days elapsed
(including the first day but excluding the last day) occurring in the period for which such
interest is payable, unless such calculation would result in a usurious rate, in which case
interest shall be calculated on the per annum basis of a year of 365 or 366 days, as
applicable, and the actual days elapsed (including the first day but excluding the last day).
In no case shall the interest rate exceed one percent per month.
t (G) The La Porte Authority's obligation to pay the Developer Advances or
reimburse the Developer for Project Costs is limited to any Pledged Available Tax
Increment. The rights of Developer in and to the Pledged Available Tax Increment
granted herein are subject only to (i) the rights of any holders of bonds, notes or other
obligations that have been heretofore or are hereafter issued by the City or any other
participating taxing unit that are payable from and secured by a general levy of ad
valorem taxes throughout the taxing jurisdiction of the City or any other participating
taxing unit, (ii) the rights of any of the holders of bonds and notes that are hereafter
issued or incurred by the LaPorte Authority and which are secured by a pledge of the
Tax Increment Revenue Fund, and (ni) the rights of any of the holders of notes that are
hereafter issued or incurred by the La Porte Authority, which axe secured by a pledge, all
or a part, of the Tax Increment Revenue Fund, the proceeds of which are used solely to
fund the annual operating and administration budget of the La Porte Authority approved
by the LaPorte Board and the City Council of the City. Except in the event that
sufficient tax increment increase does not occur within the term of the Zone or within the
Project Site to generate sufficient revenue to repay the Developer Advance(s), it shall be
the obligation of the La Porte Authority to repay the Developer Advances and accrued
interest thereon as set forth in this Agreement from the Pledged Available Tax Increment
until such time as the Developer Avances and accrued interest thereof incurred pursuant
to this Agreement, have been fiilly repaid or provision for payment thereon to Developer
shall have been made in accordance with their terms. The Developer Advances constitute
a special obligation of the La Porte Authority payable solely from the Pledged Available
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HOU:2322718.7
Tax Increment as and to the extent provided in this Agreement. The Developer Advances
do not give rise to a charge against the general credit or taxing powers of the La Porte
Authority, the LaPorte Zone, the City, the County or any other Taxing Unit and is not
payable except as provided in this Agreement. Developer, its successors and assigns,
shall not have the right to demand payment thereof out of any funds of the La Porte
Authority other than the Pledged Available Tax Increment or sources described in
Section 6.1(E).
(H) The La Porte Authority will evaluate and consider bond issues to
reimburse the Developer upon the following circumstances:
(1) Projected incremental revenue generates 1.25 times coverage for the bonds
over projected annual debt service;
(2) Projected incremental revenue will be calculated by multiplying estimated
or certified incremental value from the appraisal district by the
participant(s) tax rate(s) divided by 100 tinges one minus a reasonable
historical tax collection factor times one minus the City set aside
percentage;
(3) A reserve fund equal to maximum annual debt service must be funded
from the bond proceeds;
(4) Adequate cash or capitalized interest must be set aside to assure payment
of the bonds through the date of the next increment payment; and
(5) The minimum bond size will be that size that after funding the Reserve
Fund, any capitalized interest and any costs of issuance will allow for a
reimbursement to the developer of at least $1.5 million plus developer
interest.
(1) The La Porte Authority shall not issue obligations in accordance with this
Article unless the resulting debt service requirements on all La Porte Zone obligations
may be paid in full when due from all money then on deposit in or thereafter required to
be deposited to the Property Account during the term of such Zone obligations, assuming
that (a) the rates at which property taxes are levied by all taxing units required to make
deposits to the Tax Incfement Fund do not change from the rates at which they most
recently levied property taxes, (b) the assessed value of taxable property (net of
exemptions) within the Property does not change from the amount then most recently
estimated or certified 'by the Harris 'County Appraisal District, (c) all amounts deposited
(or required to be deposited) to the Property Account bear interest at the City's
investment rate until expended, (d) proceeds of such obligations are deposited to and set
aside in the Property Account as capitalized interest in the amount requested by the
Developer and approved by the City Manager, and (e) the Property Account is expended
in each year to pay administrative expenses of the La Porte Zone in an amount equal to
the product of (i) the total amount of such expenses budgeted in the La Porte Zone's most
recent operating budget and (ii) a fraction, the numerator of which is the current Tax
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HOU:2322718.7
Increment attributable to the Property and the denominator of which is the total current
Tax Increment.
(J) The La Porte Authority shall provide to Developer, upon the written
request of Developer, and on the earliest date such information is available after the date
of such request, certified copies of all statements of revenue attributable to the
Developer's portion of the Project and the source of such revenue of the La Porte Zone
and of the La Porte Authority the intended use of which is to verify the availability of
funds for payment of the Project Costs or Developer Advances, if applicable, under this
Section.
(K) The La Porte Zone and the La Porte Authority shall use commercially
reasonable efforts to cause each Taxing Unit to collect all ad valorem taxes due on
property located within the LaPorte Zone and shall use commercially reasonable efforts
to cause such Taxing Units to deposit all tax increments due with the City for transfer to
the Tax Increment Revenue Fund pursuant to the La Porte Agreement.
ARTICLE 7
INSURANCE; RELEASE
7.1 Insurance. With no intent to limit any contractor's liability or obligation for
indemnification, the Developer shall require that each contractor providing work or service on
the Public Improvements provide and maintain certain insurance in full force and, effect at all
times during the construction of the Public Improvements and shall require that the City, the
La Porte Authority, and the La Porte Zone are named as additional insured's under such
contractor's insurance policies.
The insurance, at a minimum, must include the following coverage's and limits of
liability:
Coverage
Worker's Compensation
Employer's Liability
Comprehensive General Liability:
Including Broad Form Coverage,
Contractual Liability, Bodily and
Personal Injury, and Completed
Operations (for a period of one year after
completion of work)
Automobile Liability Insurance (for
automobiles used in performing under
this Agreement, including Employer's
HOU_2322718.7
Limit of Liabili
Statutory
Bodily Injury by Accident $100,000 (each accident)
Bodily injury by Disease $500,000 (policy limit)
Bodily injury by Disease $100,000 (each employee)
Bodily Injury and Property Damage, Combined
Limits of $500,000 each Occurrence and $1,000,000
Aggregate
$500,000 Combined Single Limit per Occurrence
12
Non Ownership and Hired Auto
Coverage)
Professional Liability Coverage (for $500,000 per occurrence $1,000,000 aggregate
professional service contract only)
Defense costs are excluded from the face amount of the policy. Aggregate Limits are per
12 month policy period unless otherwise indicated.
If the amount of any contract awarded by Developer to construct the Public Improvements shall
exceed $1,000,000, Developer shall contract with the contractor to maintain Commercial General
Liability coverage and the Auto Liability coverage for at least twice the combined minimum
limits specified above.
The amounts of the insurance required herein shall be reviewed on the fifth (5t') anniversary date
of this Agreement and each fifth (5th) year thereafter until the construction of the Project is
completed and shall be increased, if necessary, so that the amount of such coverage is at all tunes
generally equal to the limits described herein measured in year 2006 dollars.
(A) Form of Policies. The La Porte Board may approve the form of the
insurance policies, but nothing the La Porte Board does or fails to do relieves Developer
of its obligation to provide the required coverage under this Agreement. The La Porte
Board's actions or inactions do not waive the La Porte Zone's or La Porte Authority's
rights under this Agreement.
(B) Issuers of Policies. The issuer of each policy shall have a certificate of
authority to transact insurance business in Texas or a Best's rating of at least A and a
Best's Financial Size Category of Class VI or better, according to the most current
edition Best's Key Rating Guide, Property Casualty United States.
(C) Insured Parties. Each policy, except those for Workers' Compensation,
Employer's Liability, and Professional Liability, must name the La Porte Authority, its
officers, agents and employees as additional insured parties on the original policy and all
renewals or replacements.
(D) Deductibles. Developer shall be responsible for and bear (or shall contract
with each applicable contractor to bear and assume) any claims or losses to the extent of
any deductible amounts and waives (and shall contract with each contractor to waive) any
claim it may have for the same against the LaPorte Authority or LaPorte Zone, its
officers, agents, or employees.
(E) Cancellation. Each policy must state that it may not be canceled,
materially modified, or non -renewed unless the insurance company gives the LaPorte
Authority 30 days' advance written notice. Developer shall (and shall contract with each
contractor to) give written notice to the La Porte Authority within five days of the date on
which total claims by any party against such person reduce the aggregate amount of
coverage below the amounts required by this Agreement. In the alternative, the policy
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HOU:2322718.7
may contain an endorsement establishing a policy aggregate for the particular Public
Improvements or location subject to this Agreement.
(F) Subro ag tion. Each policy must contain an endorsement to the effect that
the issuer waives any claim or right of subrogation to recover against the La Porte
Authority, the La Porte Zone, its officers, agents, or employees.
(G) Priniga Insurance Endorsement. Each policy, except Workers'
Compensation and Professional Liability (if any), must contain an endorsement that the
policy is primary to any other insurance available to the additional insured with respect to
claims arising under this Agreement.
(H) Liability for Premium. Developer shall pay (or shall contract with
contractors to pay) all insurance premiums for coverage required by this Section, and the
La Porte Authority or La Porte Zone shall not be obligated to pay any premiums.
(I) Subcontractors. Notwithstanding the other provisions of this Section, the
amount of coverage contracted to be provided by subcontractors shall be commensurate
with the amount of the subcontract, but in no case less than $500,000 per occurrence.
Developer shall provide (or shall contract with contractors to provide) copies of insurance
certificates to the La Porte Authority.
(J) Proof of Insurance. Promptly after the execution of this Agreement and
from time to time during the term of this Agreement at the request of the LaPorte
( Authority, Developer shall furnish the La Porte Authority with certificates of insurance
maintained by Developer in accordance with this Section. If requested in writing by the
LaPorte Authority, Developer shall furnish the City with certified copies of Developer's
actual insurance policies. If Developer does not comply with the requirements of this
Section, the La Porte Authority, at its sole discretion, may (1) suspend performance by
the La Porte Authority hereunder and begin procedures to terminate this Agreement for
default or (2) purchase the required insurance with La Porte Authority or La Porte Zone
funds and deduct the cost of the premiums from amounts due to Developer under this
Agreement. The La Porte Authority shall never waive or be estopped to assert its right to
terminate this Agreement because of its acts or omissions regarding its review of
insurance documents.
T2 Indemnification and Release.
DEVELOPER SHALL DEFEND, INDEMNIFY, AND HOLD THE LA PORTE
AUTHORITY, THE CITY AND THE LA PORTE ZONE, THEIR AGENTS, EMPLOYEES,
OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY, THE "INDEMNIFIED
PERSONS") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES,
AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR
INJURY, DEATH, DAMAGE, OR LOS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:
�i
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HOU:2322718.7
(A) DEVELOPER'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS',
DIRECTORS', CONTRACTORS', OR SUBCONTRACTORS' (COLLECTIVELY,
"-DEVELOPER'S") ACTUAL OR ALLEGED SOLE AND/OR CONCURRENT
NEGLIGENCE OR INTENTIONAL ACTS;;
(B) THE INDEMNIFIED PERSONS' AND DEVELOPER'S ACTUAL OR
ALLEGED CONCURRENT NEGLIGENCE AND/OR GROSS NEGLIGENCE,
WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT; AND
(C) THE INDEMNIFIED PERSONS' AND DEVELOPER'S ACTUAL OR
ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY,
WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT.
IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO THAT THE
INDEMNIFICATION PROVIDED FOR IN THIS SECTION IS AN INDEMNITY BY THE
DEVELOPER TO INDEMNIFY AND PROTECT THE INDEMNIFIED PERSONS FROM
THE CONSEQUENCES OF THE INDEMNIFIED PERSONS' OWN NEGLIGENCE,
INCLUDING GROSS NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING
CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. FURTHERMORE, THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION
TO .ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE
THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE
INDEMNIFIED PERSONS UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY.
THE INDEMNITY PROVIDED FOR IN THIS SECTION 7.2 SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
If an Indemnified Person or Developer receives notice of any claim or circumstance
which could give rise to an indemnified loss, the receiving party shall give written notice to the
other party within 30-days. The notice must include a description of the indemnification event in
reasonable detail, the basis on which indemnification may be due, and the anticipated amount of
the indemnified loss. This notice shall not estop or prevent an Indemnified Person from later
asserting a different basis for indemnification or a different amount of indemnified loss than that
indicated in the initial notice. If an Indemnified Person does not provide this notice within the
30-day period, it does not waive any right to indemnification except to the extent that Developer
is prejudiced, suffers loss, or incurs expense because of the delay.
For those matters for which the Developer. has the obligation to defend an Indemnified
Person pursuant to this Section 7.2, Developer shall assume the defense of the claim at its own
expense with counsel chosen by it that is on the approved list established by the Texas Municipal
League or that is otherwise approved by the City. Within. 10 days after receiving written notice
of the indemnification request, Developer shall advise the Indemnified Person as to the chosen
counsel. If Developer does not properly totify the Indemnified Persons as required above, the
Indemnified Person shall assume and control the defense, and all defense expenses actually
incurred by it shall constitute an indemnified loss, which must be paid by the Developer within
thirty (30) days of receipt of an invoice from an Indemnified Person. Such indemnified loss shall
15
HOU:232271 M
bear interest at the rate, but not the time, established in ,Section 6.1 (F) from the due date noted in
the invoice until the date of payment. Should the Developer fail to timely pay such amount, the
La Porte Authority may, in its sole discretion, withhold the amount due, Including accrued
interest, from future Contract Progress Payments.
If Developer defends a claim against any Indemnified Person, the Indemnified Person
may retain separate counsel at the sole cost and expense of such Indemnified Person to
participate in (but not control) the defense and to participate in (but not control) any settlement
negotiations. Developer may not settle the claim without the consent or agreement of the
Indemnified Person, unless such settlement is at no cost to the Indemnified Person and no
judgment is entered against any Indemnified Person.
DEVELOPER RELEASES EACH INDEMNIFIED PERSON FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH,
DAMAGE, OR LOSS IS CAUSED BY THE INDEMNIFIED PERSON'S SOLE OR
CONCURRENT NEGLIGENCE AND/OR THE INDEMNIFIED PERSON'S STRICT
PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY; PROVIDED,
HOWEVER, THIS RELEASE SHALL HAVE NO APPLICATION TO AN
INDEMNIFIED PERSON'S FAILURE TO PAY MONIES OWED PURSUANT TO THIS
AGREEMENT.
FROM AND AFTER THE DATE OF THIS AGREEMENT, DEVELOPER SHALL
REQUIRE ALL CONTRACTORS ENGAGED BY IT TO CONSTRUCT PUBLIC
IMPROVEMENTS (AND THEIR SUBCONTRACTORS) TO RELEASE AND
INDEMNIFY THE INDEMNIFIED PERSONS TO THE SAME EXTENT AND IN THE
SAME FORM AS ITS RELEASE OF AND INDEMNITY TO THE INDEMNIFIED
PERSONS HEREUNDER.
THE DEVELOPER SHALL REQUIRE ALL GENERAL CONTRACTORS TO
POST PAYMENT AND PERFORMANCE BONDS IN THE AMOUNT OF THE
PROJECT COST AND ONE YEAR MAINTENANCE BONDS AS DEEMED
APPROPRIATE BY THE LA PORTE AUTHORITY.
ARTICLE 8
DEFAULT
8.1 Default.
(A) If the LaPorte Authority or the LaPorte Zone does not perform its
obligations hereunder in compliance with this Agreement in all material respects, in
addition to the other rights given the Developer under this Agreement, the Developer may
enforce specific performance of th Agreement for any such default if such default is not
cured or is not commenced and diligently pursued within thirty (90) days after receipt by
the La Porte Authority and the La Porte Zone of a written notice detailing the event of
default. Failure of a project to generate sufficient tax increment increase to repay
16
xoU:23227s.7
Developer Advances is not a default on the part of the La Porte Authority or the La Porte
Zone.
(B) In the event the Developer completes the Public Improvements and the
Project but does not otherwise perform its obligations hereunder as provided in Article 4
in compliance with this Agreement, in addition to the other rights and remedies the
La Porte Authority and the La Porte Zone may have under this Agreement or in law or
equity, the La Porte Authority and/or the LaPorte Zone may enforce specific
performance or seek actual damages incurred for any such default if such default is not
cured within thirty (30) days after receipt by Developer of a written notice of default or
such cure is not commenced within ten (10) days after receipt by Developer of a written
notice of default and thereafter diligently prosecuted to completion as determined in the
discretion of the La Porte Authority.
ARTICLE 9
GENERAL
9.1 Inspections, Audits. The Developer agrees to keep such operating records
relating to the Public Improvements as may be required by the La Porte Authority, or by state
and federal law or regulation for a period not to exceed four (4) years after completion unless
otherwise required by law. The Developer shall allow the La Porte Authority and the La Porte
Zone access to documents and records in the Developer's possession, custody or control that the
La Porte Authority deems necessary to assist the LaPorte Authority in determining the
Developer's compliance with this Agreement.
9.2 Developer Operations_ and Employ. No personnel supplied or used by the
Developer in the performance of this Agreement shall be deemed employees, agents or
contractors of the La Porte Authority, the La Porte Zone or the City for any purpose whatsoever.
The Developer shall be solely responsible for the compensation of all such personnel, for
withholding of income, social security and other payroll taxes and for the coverage of all
worker's compensation benefits. Under no circumstance shall the LaPorte Authority, the
La Porte Zone, or the City be deemed responsible for compensation of the above.
9.3 Personal Liabilily of Public Officials. To the extent not limited by State law, no
director, officer, employee or agent of the LaPorte Zone or the LaPorte Authority, and no
officer, employee or agent of the City, shall be personally responsible for any liability arising
under or growing out of the Agreement.
9.4 Notices. Any notice sent under this Agreement (except as otherwise expressly
required) shall be written and mailed via certified mail, return receipt requested, or sent by
electronic or facsimile transmission confirmed by mailing written confirmation via certified mail,
return receipt requested -at substantially the same time as such electronic or facsimile
transmission, or personally delivered to an officer of the receiving party at the following
addresses:
17
HOU:232271 S.7
CITY
City Manager
City of La Porte
604 West Fairmont Parkway
LaPorte, Texas 77571
FAX: 281-842-1259
with a copy to:
City Attorney
City of La Porte
604 West Fairmont Parkway
LaPorte, Texas 77571
FAX: (281) 471-2047
LA PORTE ZONE
Reinvestment Zone Number One, City of La Porte,
c/o City of La Porte
604 West Fairmont Parkway
LaPorte, Texas 77571
Attn: John Joerns
FAX: (281) 471-2047
r LA PORTE AUTHORITY''
La Porte Redevelopment Authority
c/o City of La Porte
604 West Fairmont Parkway
LaPorte, Texas 77571
Attn: John Joerns
FAX: (281) 471-2047
DEVELOPER
Retreat at Bay Forest LP
16000 Memorial Drive #100
Houston, Texas 77079
FAX: (713) 910-1111
Attn: Donald J. Meeks
Each party may change its address by written notice in accordance with this Section. Any
communication addressed and mailed in accordance with this Section shall be deemed to be
given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed
to be given when receipt of such transmission is acknowledged, and any communication so
delivered in person shall be deemed to be given when receipted for by, or actually received by,
the City, the La Porte Zone, the La Porte Authority or the Developer, as the case may be.
9.5 Amendments and Waivers. Any provision of this Agreement may be amended or
waived if such amendment or waiver is in writing and is signed by the LaPorte Zone, the
18
HOU2322718.7
LaPorte Authority and the Developer. No course of dealing on the part of the Developer, nor
any failure or delay by the Developer with respect to exercising any right, power or privilege of
the Developer under this Agreement shall operate as a waiver thereof, except as otherwise
provided in this Section.
9.6 Successors and Assigns. All covenants and agreements contained by or on behalf
of the LaPorte Authority and the LaPorte Zone in this Agreement shall bind their successors
and assigns and shall inure to the benefit of the Developer and its successors and assigns. The
LaPorte Authority and the La Porte Zone may assign its rights and obligations under this
Agreement or any interest herein, with the prior written consent of the Developer. The
Developer may sell or otherwise transfer the Project with the prior written consent of the
LaPorte Authority and the LaPorte Zone. Provided, however, any such purchaser or assignee
must specifically assume all of the obligations of the Developer hereunder; notwithstanding, if
the Developer is in compliance with this Agreement prior to the assignment, the Developer may
retain the right to be reimbursed for actual costs of Project Costs, which are then accrued and
vested in the Developer. If such assignment of the obligations by the Developer hereunder is
effective, the Developer shall be deemed released from such obligations. If any assignment of
the obligations by the Developer hereunder is deemed ineffective or invalid, the Developer shall
remain liable hereunder. Nothing in this section shall be construed so as to prevent the
Developer from selling any portion of the Project for which a final plat has been approved and
recorded in the records of the county clerk.
9.7 Exhibits; Titles of Articles Sections and Subsections. The exhibits attached to
this Agreement are incorporated herein and shall be considered a part of this Agreement for the
purposes stated herein, except that in the event of any conflict between any of the provisions of
such exhibits and the provisions of this Agreement, the provisions of this Agreement shall
prevail. All titles or headings are only for the convenience of the parties and shall not be
construed to have any effect or meaning as to the agreement between the parties hereto. Any
reference herein to a Section or Subsection shall be considered a reference to such Section or
Subsection of this Agreement unless otherwise stated. Any reference herein to an -exhibit shall
be considered a reference to the applicable exhibit attached hereto unless otherwise stated.
9.8 Construction. This Agreement is a contract made under and shall be construed in
accordance with and governed by the laws of the United States of America and the State of
Texas.
9.9 Venue. All parties hereby irrevocably agree that any legal proceeding arising out
of or in connection with this Agreement shall only be brought in the District Courts of Harris
County, Texas or in the United States District Court for the Southern District of Texas, in
Houston, Texas.
9.10 Severabi.lity. All parties agree that should any provision of this Agreement be
determined to be invalid or unenforceable, such determination shall not affect any other term of
this Agreement, which shall continue in fl force and effect.
9.11 No Third Party Beneficiaries. This Agreement shall not bestow any rights upon
any third party, but rather, shall bind and benefit the Parties hereto only.
19
HOU:2322718.7
9.12 Authority to Enter Contract. Each party has the full power and authority to enter
into and perform this Agreement, and the person signing this Agreement on behalf of each party
has been properly authorized and empowered to enter into this Agreement. The persons
executing this Agreement hereby represent that they have authorization to sign on behalf of their
respective corporations, or limited partnerships.
9.13 No Partnership. Nothing herein contained shall be construed or held to make the
Parties hereto partners in the conduct of any business.
9.14 Entire Agreement. This written agreement represents the final agreement
between the parties, unless later amended in writing and signed by the parties and may not be
contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the
parties. There are no unwritten oral agreements between the parties.
9.15 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement,
it shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
9.16 Non -Waiver. Failure of either party hereto to insist on the strict performance of
any of the agreements contained herein or to exercise any rights or remedies accruing hereunder
upon default or failure of performance shall not be considered a waiver of the right to insist on
and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder
or to exercise any right or remedy occurring as a result of any future default or failure of
performance.
9.17 _Multiple Originals. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts each of which shall be deemed an original for all
purposes.
9.18 Term. This Agreement shall be in force and effect from the date of execution
hereof for a term expiring on the later of (i) December 31 in the year following Completion of
the Public Improvements pursuant to Section 4.3 hereof or (ii) the date the Developer Advances
have been repaid in full. It is expressly understood and agreed that Section 7.2 shall not expire
but shall remain in full force and effect regardless of the termination of this Agreement. If the
La Porte Authority is dissolved, the La Porte Agreement requires that the City shall make
satisfactory arrangements to provide for the payment of the obligations to the Developer of the
La Porte Authority hereunder.
9.19 _Approval by the Parties. Whenever this Agreement requires or permits approval
or consent to be hereafter given by any of the parties, the parties agree that such approval or
consent shall not be unreasonably withheld or delayed.
9.20 Additional Actions. Thej Parties agree to take such actions, including the
execution and delivery of such documen , instruments, petitions and certifications as may be
necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this
Agreement and to aid and assist each other in carrying out said terms, provisions and intent.
20
HOU:23227I8.7
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed as of the day of , 2007.
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE
By:_
Name:
Title:
ATTEST:
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
Notary Public in and for
The State of Texas
(SEAL)
21
xoa:232271M
LA PORTE REDEVELOPMENT AUTHORITY
By:_
Name:
Title:
ATTEST:
By:
Nanae:_
Title.
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
Notary Public in and for
The State of Texas
(SEAL)
22
xou:2322718.7
DEVELOPER
RETREAT AT BAY FOREST LP, a Texas limited
partnership
By:
Donald J. Meeks
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GWEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
(SEAL)
I
Notary Public in and for
The State of Texas
HOU23227183
23
EXHIBIT A
PROJECT SITE
(Property Description)
A-1
HOU-23227I8.7
EXHIBIT B
THE TIRZ IMPROVEMENTS
Unit
Estimated
South
Cost
Cost
24" RCP
14
LF
$ 70.00
$
980.00
24" HDPE
37
LF
$ 36.00
$
1,332.00
Pilot Channel
324
LF
$ 26.66
$
8,637.84
Rip Rap
10
CY
$ 40.00
$
400.00
Storm Sewer Manhole
1
EA
$ 2,000.00
$
2,000.00
Headwall
2
EA
$ 1,400.00
$
2,800.00
Concrete Apron
1
SY
$ 39.00
$
9.00
Excavation
3,936
CY
$ 5.00
$
19,680.00
Sanitary Sewer Manholes
1
EA
$ 2,000.00
$
2,000.00
8" Water Line
44
LF
$ 30.90
$
1,359.60
8x8 Tap & Sleeve Valve
1
EA
$ 2,800.00
$
2,800,00
16" Bore & Steel Casing
66
LF
$ 360.00
$
23,760.00
Sub Total
$
65,788.44
North
Concrete Pavement
194
SY
$ 29.00
$
5,626.00
6" Lime Subgrade
284
SY
$ 4.00
$
1,136,00
6" Concrete Curb
30
LF
$ 2.40
$
72.00
4' Concrete Walk
60
SY
$ 35.00
$
2,100.00
18" RCP
110
LF
$ 61.00
$
6,710.00
24" RCP
17
LF
$ 70.00
$
1,190.00
24" HDPE
50
LF
$ 36.00
$
1,800.00
Pilot Channel
191
LF
$ 26.66
$
5,092.06
Storm Sewer Manhole
2
EA
$ 2,000.00
$
4,000.00
18" Pipe End Treatments
4
EA
$ 500.00
$
2,000.00
Headwall
2
EA
$ 1,400.00
$
2,800.00
Concrete Apron
1
SY
$ 39.00
$
39.00
Excavation
3,339
CY
$ 5.00
$
16,695.00
Sanitary Sewer Manholes
1
EA
$ 2,000.00
$
2,000.00
8" Sanitary Sewer Pipe
165
LF
$ 32.00
$
5,280.00
8" Water Line
154
LF
$ 30.90
$
4,758.60
8x8 Tap & Sleeve Valve
1
EA
$ 2,800.00
$
2,800.00
16" Bore & Steel Casing
54
LF
$ 360.00
$
19,440.00
Sub Total
$
83,638.66
Engineering
$
15,172.79
Total
$ 164,499.89
HOU2322718.7
EXTIIBIT C
CERTIFICATE OF ADVANCE
This Certificate is issued under that certain Development Agreement (the "Development
Agreement") by and between the La Porte Redevelopment Authority (the "Authori "),
Reinvestment Zone Number One, City of La Porte (the "Zone"), and Retreat at Bay Forest LP
("Developer") dated , 2007. Capitalized terms used in this Certificate shall
have the meaning provided for in the Development Agreement.
This Certificate evidences a Developer Advance under the Development Agreement in
the amount of $ for the [describe the project category and nature of work
completed] .
Interest on the Developer Advance evidenced by this Certificate shall accrue at the prime
rate of JPMorgan Chase Bank as described. in the Development Agreement for the period
described in 6.1(B) of the Development Agreement and shall be payable in accordance with the
Development Agreement.
By Developer's execution of this Certificate, Developer represents that it has made the
expenditures and completed the work described in this Certificate. Copies of the relevant
invoices and other appropriate documentation are attached to this Certificate.
By the Authority's execution of this Certificate, the Authority indicates its approval of
�f the expenditures and work described in this Certificate and its approval of the matters set forth in
this Certificate and recognizes its obligation to repay such Developer Advance together with
interest pursuant to the Development Agreement.
E
HOU:2322718.7
C-1
AGREED TO this day of 52007.
LA PORTE
REDEVELOPMENT AUTHORITY
By:
Name:
Title: Chairman Board of Directors
ATTEST:
By:
Name -
Title: Secretary, Board of Directors
THE STATE OF TEXAS s§
f J
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
Notary Public in and for
The State of Texas
(SEAL)
G2
HOU:232271 &.7
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE
By:
Name:
Title: Chairman Board of Directors
ATTEST:
By:
Name:
Title: Secretary, Board of Directors
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
Notary Public in and for
The State of Texas
(SEAL)
C-3
HOU:2322718.7
DEVELOPER
RETREAT AT BAY FOREST LP, a Texas limited
partnership
By:
Donald J. Meeks
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
2007.
Notary Public in and for
The State of Texas
(SEAL)
C-4
HOU:2322718.7
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PQ12TE, TEXAS
AGENDA MEmoRAINDum
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
July 11, 2007
SUBJECT:
Agenda Item Materials
Consider approval or other action with regard to authority invoices.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.Q. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
- ' EXIST V /'wv------------ LWH I1.a v
100 -00
3}00 o
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coNO IMPROVED STREET THIS RIGHT-OF-WAY N
:
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H
RESERVE T ry
N ° nHN oN ,412A4HUNTER SURVEY, n-15
AREju ONNERR: IER GNUVn1
DEVELOPER: GODU IYUOR SUITES
STOREROOM U. SPUNc6R CnRNeS, P.L.
MM'
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PROP. 24"
(NEEDS 2411)
" L" STREET
PROP. 36"
(NEEDS 24")
ilfl 435 LF
PROP. 48"
(NEEDS 24")
"M" STREET 30LF x a
r�
I �f�
Y, EXIST. DETENTION
TOTAL DRAINAGE AREA = 19.50 ACRES
TIME OF CONCENTRATION = 26.87 MIN.
13 = 3.641N/HOUR
1100 = 6.81 IN/HOUR
Q3 = 46.14 CFS
Q100 = 86.32 CFS-
Pr:MRED DETENTION = 10.73 ACRE -FEE
VON
sIN
I L PROP t 11
y t+
tY
(NEEDS 8") NY
400 LF � x �-s
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TOTAL PROJECT AREA = 21.43 ACRES
SEWER RATE = 5,000 GAL/ACRE
SEWER PRODUCED = 107,150 GAL/DAY=0.17 CFS
USE FACTOR OF 'A" TO DESIGN SEWER
DESIGN RATE = 0.66 CFS _
DESIGN @ 50% CAPACITY • -
D' .IN
INN
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GQLL75TQN ENGINEERING, fNC,
21P South Carsneahus - A 2 Box 2888
Corpus OeWlsb:, TY7s8C£32e88
Phone (Z7) 888-87l10 - Fax 06V 898.8 0G'
4P^1T R#'g$yZA17O&WVR6n.Ql COX
July 16, 2007
ItJr. Donald J. Meeks; Jr.
Meeks & Partners
16000 Memorial Drive, Suite 100
Houston, TX 77079
RE: Retreat at Bay Forest North and South Subdivision Engineering Synopsis
Dear Don:
A0503401
The. following timeline and synopsis of engineering services provided to you by Goldston
Engineering Inc. is provided per our telephone discussion last week:
April 26, 2006 -Final construction plans submitted to the City of La Porte, TX (City) per
platting requirements of City. Subdivision public infrastructure plans complete and
approved by the City of La Porte, TX.
October 25, 2006 —Revised plan submission with Inn overflow analysis submitted to
the City for municipal approval. Plan revision included stream flow analysis/conveyance
capacity of and proposed improvements to drainage channel between the two subdivisions
per directive of Harris County Flood Control District (HCFCD) to City.
JaRaary
S, 2007 —HEC RAS
analysis submitted to City
and HCFCD that demonstrated
adequacy
ofproposed detention
and stream conveyance per
directive of HCFCD to City.
January 22, 2007 —Revised the previous HEC-RAS analysis incorporating minimum
detention criteria of HCFCD that provides excess detention capacity per directive of
HCFCD to City and consultant.
February 21, 2007 — SuSmitted revised subdivision public infrastructure plans and final
plats to CiTy based upon revised detention analysis sent to HCFCD on January 22, 2'007.
March 15, 2007 —City approved revised subdivision public infrastructure plans and final
plats.
April 13, 2007 —HCFCD accepted snd approved HEC-RAS report and released Express
Review Sheet approval.
J:\PROIECTS CC\2005W05034-01 (C)Meela •P6ase 2 Site Developmeafl08-CORRESPONDENCE\OWNERL007 07 16 Retreatat
Bay Forest Noah &South Eagineeriug Synop�y����S GNRfSfl • HQ(J$TpN
Mr. Don Meeks
July 16, 2007
Page 2
The invoices (listed below) for the period beginnitrg in May 2006 to the present are directly
related to engineering analysis, plat and plan revisions in order to secure HCFCD release and City
acceptance as explained above:
Invoice Date
Invoice Number
Period of Service
Invoice Amount
July 245 2006
13963
5/26-6/25/07
$29325.34
October 16, 2006
14090
8/26-9/25/06
$33150
November 10,2006
14147
9/26-11/25/06
$15,491.89
December 20, 2006
14208
10/26-11/25/06
$289,10
January 19, 2007
14237
11/26-12/31/06
$25676,00
February 8, 2007
14273
01/01-01/25/07
$6,375.80
March 20,2007
14343
01/26-02/25/07
$2,628.15
April 6,2007
14375
02i26-03/25/07
$2,928.14
May 1, 2007
14402
03/26-04/25/07
$1540.40
Total: $34 87.32
Please do
not hesitate to call me if you have any questions. I
hope the explanarion
grovided in
this letter
assists you with your
TIRZ reimbursement eligibility
discussions.
Very truly years, .
GOLDSTON ENGIlVEERING, INC:
Willi. Green, P.E.
Engineering Manager
WJG/cp
J:\PR07ECTS CC�.DOSC405034-01 (C) Meeks -Phase 2 Si[e Development\OS-0ORRESPONDEIVC€\OWNER�2007 D7 16 Revrat at
Bay PomstNorth &South Engineerine Synopsis.doc -
La Porte Redevelopment Authority
Cash Flow Report as of July 11, 2007
Operating Account
For
Amount Subtotal Total
Revenues, 2007
Wire transfer from City of La Porte
fund account
$
986.35
Wire transfer from City of La Porte
fund account
$180,113.08
Deposit, 6129107 (see note below)
construction acct
$
986.35
Interest deposit, 5/31107 (4.75%)
$
186.11
Interest deposit, 629107 (4.75%)
$
694,04
Total, revenues
$ 182,965.93
Expenses
Wire transaction fees
bank fees
Checks paid:
#101 Hawes Hill Calderon LLP
admin: inv 2677
#102 La Porte RDA Construction Acct
xfer to construction acct
Checks outstanding.
#103 La Porte RDA Construction Acct
correct deposit error
Checks submitted for approval:
#104 Hawes Hill Calderon
admin + exp: inv 2691
#105 Hawes Hill Calderon
admin + exp: 'inv 2716
Total, expenses
Fund balance, Operating Account as of 7111107
$ 13.00
$ 3,500.00
$ 986.35
$ (4,499.35)
$ 986.35 $ (986,35)
$ 4,222.02
$ 2,261.83
$ (6,483.85
$ (11,969.55)
$ 170,996.38
NOTE: Acting bookkeeper made error in recording the Construction account number on the deposit slip.
Check 103 reverses the error.
La Porte Redevelopment Authority
Cash Flow Report as of ,tune 27, 2007
Operating Account For Amount Subtotal Total
Revenues, 2007
Wire transfer from City of La Porte fund account $ 986.35
Wire transfer from City of La Porte fund account $180,113.08
Deposit, 5129/07 (see note below) construction acct $ 986.35
Interest deposit, 5131f07 (4.75%) $ 186.11
$152,271.89
Expenses
Wire transaction fees bank fees $ 13.00
Checks paid,
#101 Hawes Hill Calderon LLP admin: inv 2677 $ 3,500.00
#102 La Porte RDA Construction Acct xfer to construction acct $ 966.35
$ 4,499.35
Checks submitted for approval
#103 LaPorte RDA Construction Acct correct deposit error
#104 Hawes Hill Calderon admin + exp: inv 2691
Total, expenses
Fund balance, Operating Account as of 6127107
$ 986.35
$ 4,222.02
$ 5,208.37
$ 172,564.17
NOTE., Acting bookkeeper made error in recording the Construction account number on the deposit slip.
Check 103 reverses the error.
3tillriiFSillnnmGiI11C:L'Stt4fiYiugriiln1rr111S1rltuululilNillil111Nekl[nl[nSEr �.sa:lsNitd111N11V„V„13StN.i]iWHs][sryHsnVgµ•�in.xreau::[is:,u:ruSwWVsuLtrvuxuli-rrisxiiei]YGNIUIIuIuiS�seR:luliStiGVlwu[uunrulstnvFixiJYiIYH.>luwiLEle�sHurn",.[I�itusH>HIHAWiyyi`.fstmunx:sliinYunlNlliHH6:imnlHNii[:1:117/sl':HHutn4nnntu¢I:I:retu4t11nn1.AfiW4r:4`-rn,.y^ Ili%
Pledged Securities .Deport as Of 612912007 AMegyBank
CUSiP
Security 2�pe
Rate maturity
Original Face
Market Value
Pledge Code: 1402
Entity Now. LAPORTEREVEWTAUTHOPERATION
Primary Bookkeeper,, Susan dill
,Secoadary Bookkeepea:
31182125Q3
FIR MC GOLD POOL 4 M80855
a 101112010
>$5,000.00
8Z, 721.72
312821?SQ3
RHI,MCGOLD P001,fbM8085S
4 101112010
$1,115,600-00
9606,94Z91
FDIC
87o0,000.00
$100,000,00
TotalPleages: 3
51,220,000.00 --
--S'709,664.63
HiHNMINirnrvru.RNIiHHHiirM,!n,:]a]:n::apllYyii,]ildlialhu�ssµ]tpHNHyus/orzu—.-er;vr.:l;.;y11A1WfRrtuua=e.Fie,gHxNxiNMHuussmruaHitFri-Mi/],INLLY[roux'�s:{inHHHMZiONu'.xcieuc�'GiFUHNRNI]HlAli'nnfaau'axxuHN4Nulllsuuhse� �upurxNMHHxi1Wn].nenrrdd:.vix:leY.YH"lY]rlsuHi;svl,l:ness>:dlYsl�YiFN/vettVeHunuv:ud::ru:i[<u MHfinfn F,lrAilermsl:v
Monday, J'uty 02, 2007 Page 382 of 394
La Porte Redevelopment Authority
Cash Flow Report as of July 11, 2007
Construction Account For Amount Subtotal Total
-Revenues, 2007
Wire transfer by City of La Porte fund account $ 661,013.65
Interest deposit, 5/31/07 (4.75%) $ 1,204.30
Interest deposit, 6/29/07 (4.751/6) $ 984.30
Deposit pending, Check 103 from Operating Acct, 7/5107 correct deposit error $ 986.35
$ 664,188.60 $ 664,188.60
Expenses
Wire transaction fees
Checks paid:
#101 65 La Porte Ltd. & ION Design Group LLC
#102 65 La Porte Ltd. & Angel Brothers ...
Checks submitted for approval
#103 65 La Porte Ltd. & Angel Brothers
Total, expenses
Fund balance, Construction Account as of July 11
bank fees $ 6.50
offsite utilities $ 60,067.70
offsite utilities $ 350,025.48
$ (410,099.68)
Pay Req #4, offsite utilities $ 23,765,93
$ (23,765.93) _
$ (433,865.61)
$ 230,322.99
La Porte Redevelopment Authority
Cash Flow Report as of June 27, 2007
Construction Account
For
Amount
Subtotal Total
Revenues, 2007
Wire transfer by City of La Porte
fund account
$ 661,013.65
Interest deposit, 5/31/07 (4.75%)
$
1,204.30
Deposit pending, Check 103 from Operating Acct, 6/28107
correct deposit error
$
986.35
$ 663,204.30
Expenses
Wire transaction fees
bank fees
$
6M
Checks outstanding:
#101 65 La Porte Ltd. ,& ION Design Group LLC
offsite utilities
$
60,067.70
#102 65 La Porte Ltd. & Angel Brothers ...
offsite utilities
$
350,926.48
$ 410,999.68
Checks submitted for approval
#103 65 La Porte Ltd. & Angel Brothers
Pay Req #4, offsite utilities
$
23,765.93
Total, expenses
$ 23,766.93
Fund balance, Construction Account as of 6127107
$ 228,438.69
4Yf:tn:4x:1511NNl1l1L:k[nnf,mFFrFIssRNIIa IF[SSY:iI::[mx:Fl Ckivrnal#rxmpWyFt111ny1GSiF4. lollS}t1kHk1?f:;aF44aiu141i1+dHH[L:L'F[iSfL'iilissi�xlf61lii1khltu'JSHfIHAf45uYx'2xi4au4x[Iwuxullttl:uuY.tL'Niitu]F3111fx9=S-tifxttusn4x[1ufYrw.usx[4:ua4:upgwlxf4fvur�i'syf'�sy{x[:nrftOrlC::;::['!>:1TAitiiHiifiFlx'f31fF1Y111wrWu1x45441t1[t[t:4Sxsnli:lit.ltixl111l1tixlalYU::.1:fu::,��
Fledged Securities Report as of 612912007 AMgyBank
Clisi 1 Secarlty Type Rate 11?aturlty Original pace Market Value
pledge Code:1401 Et:tity Nwne: Laporte Redevolt..4pilt Copse Primary Bookkeeper: Savot HUi Secondary Bookkeeper.,
31282zQ3 F11LMC GOLD POOL I M80855 $ 101f11010 $18a 0A0.00 $97, 981.81
EDIC
$160, 000.00 3100, 000.00
TotalPledgex. 2 $250,UOO.Af1 _�„'1rn^� mm 197;981,51
:KxI1fAiAlnAuuouxauMR1[flkiklArHes�-�"-`�¢NlANu4 WeuxuuC..... .... lA:Iu4sxuu:AuiAfuxuAM.Art..euc:v,yatuik4lfuxisxaeur..-{:rpmiilA{AIAIIf�:bxuote�i uxsn�W1YLRIFYxx.kWuluusa:e:f.'SFrmu::W{A.Nlehe-Axx;:i�rf.NYi:Atf:Ai!u4axHeva[nRAUAYi[:eAeevNN!blw�4n-,al5fuliAYflYAiaYAlA�btax=4uttlrHNAIIFidfF!A2iifnHAHniLss�::x1:{„{:f i41!Nel.l!A"A341:1.:AxY.
Maulla)5 Trtly 02, 2607 a,Yr,Hlx Page 381 of399
JSPS -Print Shipping Labels -Print Confirinatiou
HAWEsHILLCALDERON
LLP'f(TVs
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Houston TX 77227-2167
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FIRZ -La Porte # 1
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Invoice #: 40042691
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LaPorte, 775T1
Transaction4:90892437
Page: 1 Total W be paid: $146.26
Labels Included: 9
Print DatelTlme:-5122/07 3:40:19 PM CDT
DATE
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AMOUNT
'Project Mauagemeut Services, Jupe 2007
$2,040.00
6/27/2007
Board of )kectors Meeting
$1,500-00
Reirubursable expenses as follows:
5/8/2007
5 22/2007
Uour Messenger per attachment
Hour Messenger per attachment
per attachment
$42.90
$990
$2I1.25
Mileage, K• Hill per attachment
Mileage, I). Hawes per attachment (May)
Mileage, D. $'awes 76 Q .485 per ruile, ( June)
$2.43
$75.66
$37.83
la- house copies 2131 Q .15 each
Diodrs 20 Q 1.00 each
In- hagse postage
$319.65
$20.00
$240
Sales Tax:
$0.00
Total Amount:
$4,222.02
AmoutztApplied:
$0.00
Balance Due:
$4,222.02
https:tlsm-1V.eb,tisps,c om/c.us/PrLtVerification. de
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PAYMENTS ALSO AGUEPTED BY' PAYMENTS ALSO ACEPTED BY.'
AMER CAN EXPRESS, MASTERCARD, I �u a AM R CAN FXPRESSCMASTERC RE
5 GER VISA OR R_EcTRONIC WIRE ME 5 GER VISA OR ELECTRONIC WIRE
TRANSFERS TRANSFERS
281-497-2218 281-497-2218
MUMU F
102750 202&2 05/31/07 102750 202B2 05/31/07
HAWES HILL CALDERON
HAWES HILL CALDERON 2500 TANCLEWILDE STE 230-N
2500 TANGLEWILDE STE 260-N
IICUSTON TX 77063 BALANCE D70E UPON RECEIPT.
AFTER 08/15/07, PAY $107.60
MIL
1/17/07 104093 MO CITY 14.65 Q5/17/07 104893 MO CITY 14„85
;M/07 1053a(3 LAPORT 0,130
/23/07 105457 ADMXN 14.86 05/23/07 105457 ADMIN 14.85
/25/07 105712 SHARPSTOWN 14 14,85 06/26/07 1Q5712 SHARPSTOWN K 14.$5
-/25/07 106714 SHARPSTOWN 11 11.00 Q6/25/07 105714 SHARPSTOWN M 11.00
/25/07 1Q5716 SBARPSTOWN M 12,65 05/25/07 105716 SHARPSTOWN M 12.65
./25/07 105710 SHARPSTOWN M 11.00 05/25/07 106718 SHARPSTOWN N 11.00
/25/07 105723 SHARPSTOWN M 11.00 05/25/07 105723 SHARPSTOWN M 11.00
PAYMENTS ALSO ACCEPTED QY•
AMERICAN EXPRESS, -MASTERCARD,
VISA OR ELECTRONIC WIRE
TRANSFERS
281 -497-2218
@r ,� _ I
j
9
L0018 (RR05/1B/07
HAWES HILL. CALDERON
2600 TANGLEWILDE STE 230--N
HOUSTON TX 77063
PAYMENTS ALSO ACCEPTED
y� ® AMER
ICAN EXPRESS, iuIASTERC
1 r &ET GE� VISA OR ELECTRON{, W[RI
TRANSFERS
MET
281-497-2218
a e p
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102780 18818 06/16/07
HAWES HILL CALDERON
2500 TANGLEWIME STE 280-N
BALANCE DUE UPON RECEIPT.
AFTER 06/02/07, PAY $586-20
05/02/07
1030EB
TIRZ 20
11.00
06/02/Q7
10335E
TIRZ 20
11.c
05/02/07
103357 -
TIRZ 20
14,B5 ,
Ou/02/07
100357
TIRZ 20
14.E
05/02/07
103352
TIRZ 20
14.85
05/02/07
103$59
TIRZ 20
14.1
05/02/07
103361
TIRZ 20
14.88
06/02/07
108561
TIRZ 20
14.(
05/02/07
103362
TIRZ 20
11.00
05/02/07
103362
ThM 2D
11_(
05/02/07
103363
TIRZ 20
11.00
05/02/07
103388
TIRZ 20
11,(
05/02/Q7
103364
TIRZ 20
14.85
05/02/07
103364
TIRZ 20
14.1
05/02/07
1.03365
TIRZ 20
42.90
05/02/07
103305
TIRZ 20
42.1
05/G2/07
103368
TIRZ 20
12.65
05/02/07
103068
TIRZ 20
12.1
05/02/07
103369
TIRZ 20
11.00
05/02/07
103369
TIRZ 20
11,(
05/02/07
103370
TIRZ 20
14.65
05/02/07
103370
TIRZ 20
14_1
05/02/07
1Q3372
'TIRZ 20
11.00
05/02/07
1D3872
TIRZ 20
11.(
_ _ 05/02/97
IP3373
TIRZ 2Q
14-R5._.....R5/.Q2/07
103373
TIRZ 20
14.1
05S/04/07
103635
ST GEORGE
38.50
05/04/07
1036,98
ST GEORGE
38.;
05/04/07
103639
ST GEORGE
14.85
06/04/07
103639
ST GEORUE
14A
O5/04/07
IM640
ST GEORGE _
12.65
05/04/07
103640
ST GEORGE
12
05 07/07
1755
BRAYS OAKS
12.65
05 0? 07
103735
HRAYS OAKS
12.E
051oB/D?
1a303a33
LA PORTE
42,90
05/08/O7
103S33
LA PORTE
42,;
05/09/07
10894[3
SPRING BRAND
11.00
05/09/07
103948
SPRING BRAN
11.(
05/09/07
103940
SPRING BRANC
12.65
05/09/07
103949
,SPRING BRANC
12_4
05/00/07
103250
SPRING BRANC
14.55
05/09/07
103950
SPRING BRAND
14.f
05/08/07
103952
SPRING BRANC
12,65
06/09/07
103952
SPRING, BRAND
12.(
05/00/07
103954
SPRING BRAND
11.00,
05/09/07
103954
SPRING HRANC
11A
05/09/07
103956
SPRING HRANC
12.65
06/09/07
103956
SPRING BRANC
1.2,(
05/00/07
103957
SPRING ITRANC
12.65
05/09/07
1Q3957
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12_(
05/00/07
103958
SPRING FRANC
11.Q0
05/09/07
103:968
SPRING BRANC
11.(
06/09/07
108959
SPRING BRANC
12,65
05/09/Q7
143959
SPRING BRANC
12.(
05/09/07
108960
SPRING BRANC
12,05
05/09/07
11)aI 0
SPRING BRAND
12.(
05/09/07
103061
SPRING BRAND
11.00
05/09/07
103961
SPRING BRAND
11.(
051OB/07
105962
SPRING BRAND
12.65
06/08/07
10a962
SPRING BRANC
12_(
05/09/07
103963
SPRING BRAN,
12.65
05/09/07
10396S
SPRING BRAND
12.E
05/09/07
103965
SPRING BRAND
14.65
05/09/07
103955
SPRING BRA.NC
14_f
05/00/07
103950
SPRING B13ANC
11.00
05/Q9/07
103966
SPRING BRANC
11.(
05/11/07
104260
E. ALDINE
42.90
05/11/07
104280
E_ ALDINE
42,(
05/11/07
104294
TIRZ 20
14.50
05/11/07
104204
'TIRZ 20
14.1
05/14/07
104393
LAKE HOUST-PW
13.20
05/14/07
1Q4393
LAKE ROUS7blt
13_:
le Upon Receipt 11767 Katy Frwy, • I Please return 1175T Katy Frwy.
Past Due Suite 9nn ." porfi�^ ^^ *" iuite 9^,..
fter� 3 tonT7' 10 . , aymer _ __.
Payable Upon Receipt
Past Due
After 1
._0
57 Katy Frwy.
Suite Bab
on TX
Piease return 11757 Katy i=rwy.
.710 this portion with suite 91,
iymen - -on TX .
LA PORTE REDEVELOPMENT AUTHORITY
HAWES HILL CALDERON LLP
ROY HILL
FYPFMCC n= rAlf 11 h Bnorc Th V 1�
RATE
CLIENT#
VENDORfDESCRIPTUON
LJ PRICE
TOT. REI
-RULE
6/22/2007
LA P
Tri to ost office to Tess hllail board pk.
5-1
DABS
$2.43
YES
TOT41
$2.43
I certify that the above is true and correct to the hest of my knowledge.
s
Roy U ill
FXPFNSF r1r'VA11 If a P—t. Trrm)
DATE
CLIENT NO,
I VENDOWDESCRIPTION
QTY U PRICE
TOT REIM.
BELL
05.17.07
CLPTIF01
I Mifea a to/from mtg. wlClly Shff
78 $ 0.485
$ 37.83
Y
05-24.071
CLPTIF01
Milee a toffrom mt . w/Board
78 $ 0.485
$ 37.63
I Y
CLPTIF01
$ 0.485 1$
I_IUTAL T. 75.56I
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HAW EsHILLCALDERON
4
LLP
,ea#
P,O. Box 22167
Houston TX 77227-2167
Bill To:
T1RZ -La Porte # 1
604 W. Fairmont Pkwy.
LaPorte, TX 77571
Invoice #: 00002716
Date: 7/18/2007
Page: I
Invoice
DATE
DESCRIPTION
AMOUNT
Project Management Services, July 2007
No charge for Board meeting, 7/18/2007 because TIRZ was biped in June for
$2,000.00
6/27/2007 meeting which did not take place because of Iack of a quorum
Reimburabte expenses as follows:
Mileage, D. Hawes per attachment
$37.83
In-house copies- 1360 @ .15 each
Binders 20 @ $1.00 each
$204.00
$20.00
Sales Tax:
$0.00
Total Amount:
$2,261.83
Amount Applied;
$0.00
Balance Due:
$2,261.83
KYGFNCP nrTAri /E � o.. . Tirmi
DATE CLIENT NO.
VENDORIDESCRIPTICN
QTY
LI PRICE
I TOT REJM.
31LL
06.27.2007 CLPTIFQ1
Milea a folfrom mt , wlBoard
78
$ 0.485
$ 37.63
Y
CLPTIF09
$ 0.485
. $
CLPTIF01
$ 0,485
$
I_IU IAA $ 3l.831
S
IUMLZS: "v -
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGF,NDA MumoRANmm
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
DATE: July 11, 2007
SUBJECT: Agenda Item Materials
8. Staff report and updates.
LA PoRTE AEDEvut ormENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
Jun,20. 2007 5:26PM City of LaPorte City Hall
No, 9213 P, 2
of La Porte
Interoffice Memorandum
To: T11RZ / La Porte Redevelopment Boar
Mayor and Council
From: John Joerns, Interim City Ma b
ce: David Hawes, Board Consultant
Wayne Sabo, Director of Planning
Norman Reed, Arete Re.al Estate Development
Date: June 20, 2007
Subject: --Utility Extension Agreement ([TEA) between the La Porte Redevelopment
Authority, the TIRZ, 65 La Porte, LTD aid City of La Porte
Development Agreement between the City of La Porte, La Porte
Redevelopment Authority, and the TiRZ
—Project: South La Porte Trunk Sewer
This memorandum to file is to clarify potential conflicts between the UEA, its supporting
documentation and the Development Agreement,
The UEA between the parties listed above states that the applicant (65. La Porte, LTD) is
responsihle for expenses associated with securhig easements for the project.. The supporting
documents and exhibits to that agreement are not clear on the expenses relating to the new
easement dedications.
Although easements existed prior to the UEA., decisions were made with approval and input
from the City of La. Porte regarding final location and design of the tunk sewer_ These decisions
resulted in the additional expenses.
The City is funding this ,agreement and the subject expenses of $9,000 are witbin my authority to
approve for the City's expenditures.
Because of the design decisions made and approved by the City, I recommend the Authority and
TiRZ Board approved the additional. payment of $9,000 for easement expenses and authorize
payment in accordance with the UEA and the Development Agreement.
Jun.20. 20U 1:47PM City of LaPorte City Hall
No.9208 P. 2
DA C Realty Group, Inc.
Commercial Read Estate Services
900 Town & Country Lane , Suite 330, Houston, Texas 77024
Phone: 7131973-2100, F'ax: 7131973-2166, E-mail donga dacrealty.com
May S, 2007
Mr. John Joerns
Interim City Manager
City of LaPorte
604 West Fairmont Parkway
Laporte, Texas 77571
Re: TRIZ Reimbursement
Dear Mr. Joerns:
In reply to your letter dated May 1, 2007 and per your request, I have attached
the following information that you, requested_
( 1. Color rendering of what the project will look like when completed
2. Site Data: See the enclosed Site Data Sheet.
3. Room Layout
4. Site Layout: It shows the physical layout of the 83 Candlewood Inn &
Suites (Candlewood is a division of Holiday Inn, Memphis, Tennessee.)
5. Total Construction Costs : Three Million Five Hundred Thousand
Dollars ($3.500,000) Estimated Total Project Costs for Ad Valorem 'Talus
including land Costs
6. Road Construction to Start July 1 2007 with completion scheduled
for July 20th2007 (47' wide 500' Long) will continue from where 13
Street currently stops at West "K" Street south to West "L" Street. All
specifications are per City of La Porte. This Cost is approximately One
Hundred and Ninety -Six Thousand Dollars ($196,000). That includes all
Engineering, .Architecture, Surveying, Topographic Studies, Soil Tests and
construction costs
Jun.20. 2007 1:47PM City of LaPorte City Fall
No, 9208 P. 3
7. Building Construction is scheduled to start August 1, 2007 with a
completion date of April 15, 2008
8. Motel 4aening: May 15"', 2008
9. Mr. Ghandi's ConstructionlDevelopment Resume
LaQuinta Inns & Suites 120 Rooms
(owns & operates)
8710 Seawall Blvd.
Galveston, Texas
Econo Lodge (66 Rooms)
(owns & operates)
3924 Ave U
Galveston, Texas
Baymont Inn (90 Rooms)
(Fee Developer)
63 & Seawall
Galveston, Texas
Suburban Lodge (90 Rooms)
(Fee Developer) n
7212 East Point
Baytown, Texas
Holiday Inn Express (90 Rooms)
Built 1999 Sold 2001
6201 Spencer
Pasadena, Texas
Best Western Inn (62 Rooms)
10521 East Freeway
Houston, Texas
Built 1999 Sold 2005
Best Western Inn (50 Rooms) Built 1955 Sold 2005
8600 Gulf Freeway
Houston, Texas (Hobby Airport)
Mr. Joerms, should you or the La Porte Redevelopment Authority need
additional information, we will be happy to furnish whatever else is
requested.
Jun.20. 2007 1:47PM City of LaPorte City 'Hall
No, 9208 P. 4
We look forward to working with the City of La Porte in the development
of this project.
Very truly yours,
Don A. Czameski
cc: Gretchen J. Slack
604 W. Fairmont Parkway
LaPorte, TX 77571
Sam Ghandi
La Quinta Inn & Suites
Galveston, TX 77554
Attachments: Color rendering
Site data
Room layout
Site layout
Jun.20. 2007— 1;47PM City of LaPorte City Hall
SITE. D T;
SITE IA.- 1.632 ACRES (AFFROXI1' ,4TELY)
BUILDII AREA. A0,089 50-s-
3 STORY WOD FRAME CONST.
I:''AWJWG SFACEES: CNE Sf=ACE PER UNIT
FSR LO(=AL CODES
19 REGULAR Sf=ACES
4 ACCE5515LE SFAAC ES
(3 CARS / 1 VAN)
NOTE; PARKING- AND SITE R-E-C-UlFREMENTS
WILL VAR7r Sr JURISDICTICNS
'. LANDvC4FING:
IFURIGATE ALL LAND -CAS AREA 6
WITW AUTOMATIC UNDE.R.1-ROUND
IRRIG-4TICN SYS' EM
SOD ALL ArSAS NOT IN PL ANTIWz SED5
8U I LD iNG D AT4:
GUEST RCOMS.- (83 )
STUD 10 UNITS 2 5�2 `
ONE -BEDROOM SUITES = s
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63 a STUDIO UN ITS
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CMPA EM Q. OWN C011 L P.T.
LA PORTE TAX INCREMENT REINVESTMENT ZONE
STATE OF TEXAS X
COUNTY OF HAMS ){
CITY OF LA PORTE ){
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE TAX INCREMENT
REINVESTMENT ZONE TO BE HELD ON JULY 18, 2007 AT 6.30 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS,
REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order —
2. Lindsey Pfeiffer, President
3. Consider approval of the minutes of the May 24, 2007 Board of Directors meeting
4. Consent agenda — any item may be removed by a board member for discussion
• Entertain motion and a second to approve the TIRZ items in the same form and manner as was approved in the
previous redevelopment authority meeting. —Lindsey Pfeiffer, Chairperson
A. Consider approval or other action with regard to Pay Request Number Four in the amount of $23,765.63 for
the Lakes of Fairmont Greens TIRZ project related to off site improvements known as the South La Porte
Trunk Sewer Project
B. Consider approval or other action with regard to Additional Pay Requests for the Lakes of Fairmont Greens
TIRZ project related to off site improvements known as the South La Porte Trunk Sewer Project
C. Consider Development Agreement by and between the La Porte Redevelopment Authority, La Porte TIRZ
Number One, City of La Porte, and Retreat at Bay Forest LP
D. Receive Presentation from Developer Requesting Reimbursement for a Hotel Development within the Western
Portion of the Zone
E. Consider approval or other action with regard to authority invoices
F. Staff report and updates
G. Board member comments
H. Adjournment
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS
PRIOR TO THIS MEETING, PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR
TDD LINE 231-471-5030 FOR FURTHER INFORMATION.
A POSSIBLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT TMS MEETING AND
PARTICIPATE IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION.
David W. Hawes
Executive Director
I
0
Date Posted
LA PORTE TAX INCREMENT REINVESTMENT ZONE,
CITY OF LA PORIE, TEXAS
AGENDA MEMORA"UM
TO: La Porte Tax Increment Reinvestment Zone
FROM: Zone Administrator
DATE: July 11, 2007
SUBJECT: Agenda Item Materials
2. Consider approval of the minutes of the May 24, 2007, board of directors meeting.
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,
r
E
LA PORTE TAx INCREMENT REINVESTMENT ZONE
c/o Dawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
7I3-541-0447 or FAX 713-541-9906
LA PORTE REDEVELOPMENT AUTHORITY
-STATE OF TEXAS X
COUNTY OF HARRIS }(
CITY OF LA PORTE ){
NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE REDEVELOPMENT
AUTHORITY TO BE HELD ON JULY 18, 2007 AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE
ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order — Lindsey Pfeiffer, President
2. Consider approval of the minutes of the May 24, 2007 Board of Directors meeting
3. Consider approval or other. action with regard to Pay Request Number Four in the amount of $23,765.63 for the
Lakes of Fairmont Greens TIRZ project related to off site improvements known as the South La Porte Trunk
Sewer Project
Consider approval or other action with regard to Additional Pay Requests for the Lakes of Fairmont Greens TIRZ
project related to off site improvements known as the South La Porte Trunk Sewer Project
5. Consider Development Agreement by and between the La Porte Redevelopment Authority, La Porte TIRZ
Number One, City of La Porte, and Retreat at Bay Forest LP
i. Receive Presentation from Developer Requesting Reimbursement for a Hotel Development Within the Western
Portion of the Zone.
7. Consider approval or other action with regard to authority invoices
8. Staff report and updates
9, Board member comments
10. 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
LA PORTE TAX INCREMENT REINVESTMENT ZONE
STATE OF TEXAS X
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 DULY 181 2007 AT 6:30 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS,
REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:
1. Call to order --
2. Lindsey Pfeiffer, President
3. Consider approval of the minutes of the May 24, 2007 Board of Directors meeting
4. Consent agenda — any item may be removed by a board member for discussion
Entertain motion and a second to approve the TIRZ items in the same form and manner as was approved in the
previous redevelopment authority meeting — Lindsey Pfeiffer, Chairperson
A. Consider approval or other action with regard to Pay Request Number Four in the amount of $23,765.63 for
the Lakes of Fairmont Greens TIRZ project related to off site improvements known as the South La Porte
Trunk Sewer Project
B. Consider approval or other action with regard to Additional Pay Requests for the Lakes of Fairmont Greens
TIRZ project related to off site improvements known as the South La Porte Trunk Sewer Project
C. Consider Development Agreement by and between the La Porte Redevelopment Authority, La Porte TIRZ
Number One, City of La Porte, and Retreat at Bay Forest LP
D. Receive Presentation from Developer Requesting Reimbursement for a Hotel Development Within the
Western Portion of the Zone
E. Consider approval or other action with regard to authority invoices
F. Staff report and updates
G. Board member comments
I
H. Adjournment
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR
ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS
PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR
TDD LINE 281-471-5030 FOR FURTHER INFORMATION.A POSSIBLE QUORUM OF CITY COUNCIL
MEMBERS MAY BE PRESENT AT THIS MEETING AND PARTICIPATE IN DISCUSSIONS BUT WILL
NOT TAKE ANY ACTION.
David W. Hawes
Executive Director
Date Posted
La Porte Tax Increment Reinvestment .Zone Number One,
City of LaPorte, Texas
Minutes of the Board Meeting
Held May 24, 2007
I . CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the Tax Increment Reinvestment Zone Number One, City of La Porte, Texas,
held a meeting, open to the public, on the 24th day of May, 2007, and meeting was called to order at 7:24
p.m. in the La Porte Recreation and Fitness Center, 1322 South Broadway, La Porte, Texas 7751 and the roll was
called of the duly appointed members of the Board, to wit:
Peggy Antone
Position I
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 Antone, and Director Meza, thus constituting a quorum. Also
present at the meeting were John Joerns, David Hawes, Gretchen Black, Norman Reed, and. Russell Plank.
2. CONSIDER APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2007 BOARD OF
DIRECTORS MEETING
Upon a motion duly made by Director Turnquist and being seconded by Director Say, the board
unanimously approved the minutes of February 28, 2007.
5. 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, CHAIRPERSON
A. CONSIDER APPROVAL OR OTHER ACTION REGARDING THE PUBLIC FUNDS DEPOSITOR
COLLATERAL SECURITY AGREEMENT WITH AMEGY NATIONAL BANK ASSOCIATION
B. CONSIDER APPROVAL OR OTHER ACTION REGARDING A PROPOSAL BY HAWES HILL
CALDERON LLP TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE ADNEMSTRATION
OF THE LA PORTE REDEVELOPMENT AUTHORITY AND TAX INCREMENT REINVERS'iMENT
ZONE
C. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS ON BEHALF OF
THE PORT CROSSING TIRZ PROJECT
• PAY REQUEST NUMBER ONE IN THE AMOUNT OF $6,090,116.79
• PAY REQUEST NUMBER TWO IN THE AMOUNT OF $2,992,33390
D. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO CHANGE ORDER NO. 1 IN THE
AMOUNT OF $334,707.40 TO THE ANGEL BROTHERS CONTRACT IN PORT CROSSING
COMMERCE CENTER. THE CHANGE ORDER INCLUDES UPGRADES TO THE LIFT STATION,
ADDING HEADWALLS IN LIEU OF RIP RAP, STORM SEWER PIPE ADJUSTMENTS, AND TIE ,
EXTENSION OF THE 12-INCH WATER MAIN
E. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO EXHIBIT B TO TIR
DEVELOPMENT AGREEMENT WITH PORT CROSSING AND AMEND DEVELOPMENT
AGREEMENT TO REFLECT CHANGES
F. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS FOR THE LAKES
OF FAIRMONT GREENS TIRZ PROJECT RELATED TO OFF SITE IMPROVEMENTS KNOWN A"
THE SOUTH LA PORTE TRUNK SEWER PROJECT
• PAY REQUEST NUMBER ONE
• PAY REQUEST NUMBER TWO
PAY REQUEST NUMBER THREE
e ENGINEERING AND PROFESSIONAL COSTS
G. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO AN AGREEMENT BY ANI
BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT
AUTHORITY FOR THE MANAGEMENT OF THE LA PORTE PUBLIC IMPROVEMENT DISTRICT!
NUMBER ONE
H. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO AUTHORITY INVOICES
I. STAFF REPORT AND UPDATES
K. 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 7:25 PM.
SIGNED:
TITLE:
DATE:
ATTEST
TITLE:
DATE: