Loading...
HomeMy WebLinkAbout12-14-15 Meeting of the La Porte Development Corporation Board of Directors RICHARD WARREN, PRESIDENTRICHARD WARREN, PRESIDENTMIKE CLAUSEN, BOARD MEMBERMIKE CLAUSEN, BOARD MEMBER MIKE COOKSLEY, VICEMIKE COOKSLEY, VICE--PRESIDENTPRESIDENTRANDY WOODARD, BOARD MEMBERRANDY WOODARD, BOARD MEMBER JAY MARTIN, BOARD MEMBERJAY MARTIN, BOARD MEMBERNANCY OJEDA, BOARD MEMBERNANCY OJEDA, BOARD MEMBER CHUCK ENGELKEN, BOARD MEMBERCHUCK ENGELKEN, BOARD MEMBER CITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDACITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDA Notice is hereby given of a meeting of the City of La Porte Development Corporation to be held on Notice is hereby given of a meeting of the City of La Porte Development Corporation to be held on December 14, 2015December 14, 2015, at the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, , at the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 5:00 PM to consider the following items of business:beginning at 5:00 PM to consider the following items of business: 1.CALL TO ORDERCALL TO ORDER 2.STAFF REPORTSSTAFF REPORTS Receive Financial Report Receive Financial Report -- S. Livingston S. Livingston (a) 3.AUTHORIZATIONSAUTHORIZATIONS Consider approval or other action of minutes of the La Porte Development Corporation Consider approval or other action of minutes of the La Porte Development Corporation (a) Board meeting held on November 11, 2015 Board meeting held on November 11, 2015 -- S. Harris S. Harris Consider approval or other action authorizing an enhancement grant in an amount not to Consider approval or other action authorizing an enhancement grant in an amount not to (b) exceed $42,057.86 payable to Brotamonte Asset 1, LLC., for apartment building complex exceed $42,057.86 payable to Brotamonte Asset 1, LLC., for apartment building complex located at 315 N. 2nd Street with payment to be remitted in accordance with a development located at 315 N. 2nd Street with payment to be remitted in accordance with a development located at 315 N. 2nd Street with payment to be remitted in accordance with a development located at 315 N. 2nd Street with payment to be remitted in accordance with a development agreement at the completion of the project agreement at the completion of the project -- S. Livingston S. Livingston 4.SET DATE FOR NEXT MEETING SET DATE FOR NEXT MEETING -- S. Livingston S. Livingston   5.Board member comments regarding matters appearing on agenda; Recognition of Board member comments regarding matters appearing on agenda; Recognition of community members, city employees, and upcoming events; inquiry of staff regarding community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies.specific factual information or existing policies. 6.AdjournAdjourn The La Porte Development Corporation Board reserves the right to meet in closed session on any The La Porte Development Corporation Board reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).of the Texas Government Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the December 14, 2015, agenda of items to be considered by the Board of the La Porte Development I certify that a copy of the December 14, 2015, agenda of items to be considered by the Board of the La Porte Development Corporation was placed on the City Hall Bulletin Board on December 8, 2015.Corporation was placed on the City Hall Bulletin Board on December 8, 2015.        Patrice Fogarty, City SecretaryPatrice Fogarty, City Secretary   This is an Unaudited Statement. City of La Porte La Porte Development Corporation (038) Fund Summary (Section 4B Sales Tax) Previous ReportFY 2015-16FY 2014-15 Unaudited Beginning Fund Balance 9/30$3,458,203$3,458,203$3,213,390 Plus Year to Date Revenues: 1/2 Cent Sales Tax--- Transfers-In--- Interest Income-391363 Total Revenues-391363 Equals Total Resources3,458,2033,458,5943,213,753 Less Year to Date Expenditures: Payroll-6,7307,060 Supplies-1151 Services & Charges (Memberships, Training, Advertising, Legal, Utilities)-1,0336,903 Capital Outlay--- * Debt Service Transfer-56,72290,318 Total Expenditures-64,600104,282 Estimated Year to Date Fund Balance as of 9/30/2016$3,458,203$3,393,994$3,109,471 Commitments Pipeline Grill$300,000 Richard Industrial Group10,000 ACT Independent Turbo Service, Inc.426,000 Debt Service Reserve680,668 $1,416,668 Adjusted Year to Date Fund Balance$1,977,326 Projection Through Year End Adjusted Year to Date Fund Balance$1,977,326 Plus: Estimated Sales Tax2,434,375 Less: Estimated Operational Costs(350,928) Less: Debt Service Transfers(623,946) Projected Year End Fund Balance$3,436,827 Sales tax revenues for Fiscal Year 2016 are estimated to be $2,434,375. Previously Funded Projects (Funding in Fund 015 - General CIP Fund) BudgetExpendituresBalance Façade Grants407,669131,697275,972 Total407,669131,697275,972 *Debt Service Payments for Library, Bay Area Boulevard & Canada Road and Ballfields. RICHARD WARREN, PRESIDENT MIKE CLAUSEN, BOARD MEMBER MIKE COOKSLEY, VICE PRESIDENT RANDY WOODARD, BOARD MEMBER CHUCK ENGELKEN, BOARD MEMBER NANCY OJEDA, BOARD MEMBER JAY MARTIN, BOARD MEMBER MINUTES OF LA PORTE DEVELOPMENT CORPORATION BOARD MEETING OF NOVEMBER 11, 2015 November 11, 2015, The City of La Porte Development Corporation Board met on at the City Hall Council 5:00 p.m Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1. CALL TO ORDER President Richard Warren called the meeting to order at 5:00 p.m. The following members of the La Porte Development Corporation Board were present: Vice-President Cooksley, Board members Clausen, Engelken, Martin and Ojeda. Absent: Board member Woodard. Staff Present: Corby Alexander, Traci Leach, Sharon Harris, Scott Livingston, and Clark Askins. ( 2. CONSENT All consent agenda items are considered routine by the La Porte Development Corporation Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member requests an item be removed and considered separately.) (a) Consider approval of minutes of the meeting of La Porte Development Corporation Board held on October 28, 2015 – S. Harris Board member Ojeda moved to approve minutes of the meeting of La Porte Development Corporation MOTION PASSED. Board held on October 28, 2015. Board member Martin seconded. Ayes: President Warren, Board members Vice-President Cooksley, Board members Clausen, Engelken, Ojeda and Martin Nays: None Absent: Board member Woodard 3. STAFF REPORTS (a) Receive Financial Report – S. Livingston Economic Development Coordinator Scott Livingston provided the Financial Report. 4. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding proposed project of the La Porte Development Corporation in an amount not to exceed $250,000.00, to promote and develop a new and expanded business enterprise, through site improvements and other related improvements for infrastructure for property located at 1010 S. Broadway Street, La Porte, TX – S. Livingston The public hearing opened at 5:03 p.m. Page 1 of 4 November 11, 2015, La Porte Development Corporation Board Minutes Economic Development Coordinator Scott Livingston presented a summary. Owner of Fischer’s Do It Best Hardware Frank Herrera spoke and informed Board members the project estimates are being revised and are not available at the time. Mr. Herrera also advised Fischer’s Do It Best Hardware will be the general contractor for the project. There were no public comments. (b) Consider approval or other action authorizing project of the La Porte Development Corporation in an amount not to exceed $250,000.00, to promote and develop a new and expanded business enterprise, through site improvements and other related improvements for infrastructure for property located at 1010 S. Broadway Street, La Porte, TX – S. Livingston Board member Clausen moved to postpone the public hearing and consideration of this item to the MOTION PASSED. January 11, 2016 meeting. Board member Martin seconded. Ayes: President Warren, Vice-President Cooksley, Board members Ojeda, Clausen, Engelken, Martin, and Woodard Nays: None Absent: Board member Woodard (c) Public hearing to receive comments regarding proposed project of the La Porte Development Corporation in an amount not to exceed $400,000.00, to promote and develop a new and expanded business enterprise, through site improvements and other related improvements for infrastructure at the former Texas Parks & Wildlife building located at 102 E. Main Street and 105 San Jacinto Street, La Porte, TX. – S. Livingston The public hearing opened at 5:14 p.m. There being no public comments, the public hearing closed at 5:18 p.m. (d) Consider approval or other action authorizing project of the La Porte Development Corporation in an amount not to exceed $400,000.00, to promote and develop a new and expanded business enterprise, through site improvements and other related improvements for infrastructure at the former Texas Parks & Wildlife building located at 102 E. Main Street and 105 San Jacinto Street, La Porte, TX. – S. Livingston There was no action taken and the project died. 5. PRESENTATIONS (a) Receive presentation regarding Certification as an Accredited Economic Development Organization (AEDO) – S. Livingston Economic Development Coordinator Scott Livingston presented a summary and introduced Manager of Economic Development at CenterPoint Energy John Cook to provide a PowerPoint presentation regarding Certification as an Accredited Economic Development Organization (AEDO). President Warren asked if the International Economic Development Councils’ have regional meetings with the Accredited Economic Development Organizations to discuss ideas. Mr. Cook responded no. Board member Martin asked if the accreditation process will be beneficial of the Board becoming knowledgeable of guidelines for funding different types of projects for businesses. Mr. Cook responded it can be an outcome and recommendations are made during the accreditation process. Page 2 of 4 November 11, 2015, La Porte Development Corporation Board Minutes Board member Martin asked the total cost for the program. Economic Development Coordinator Scott Livingston responded approximately $8,000.00. 6. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding a proposed Request for Professional Services to formulate an Economic Development Strategic Plan – S. Livingston Economic Development Coordinator Scott Livingston presented a summary to formulate and implement a new Economic Development Strategic Plan. Board member Engelken commented it will be valuable to refresh the 2009 Economic Development Strategic Plan with the recent growth in the City. Board member Clausen agreed with Board member Engelken to refresh the 2009 Economic Development Strategic Plan and commented he needs more time before making a decision. Staff was directed to go back and perform an analysis of the strategies accomplished from the 2009 Economic Development Strategic Plan and bring back to the meeting on January 11, 2016. (b) Consider approval or other action to adopt the findings of the Economic Development Incentives Committee and approve a new incentives policy for all new or expanding businesses in La Porte – S. Livingston Economic Development Coordinator Scott Livingston presented a summary for a new incentives policy for all new or expanding businesses in La Porte. Vice-President Cooksley moved to approve a new incentive policy for all new and expanding businesses in La Porte as recommended by the Incentive Policy Subcommittee. Board member MOTION PASSED. Clausen seconded. Ayes: President Warren, Vice-President Cooksley, Board members Ojeda, Clausen, Engelken, Martin, and Woodard Nays: None Absent: Board member Woodard 7. SET DATE FOR NEXT MEETING Board members set the next meeting date for Monday, December 14, 2015 at 5:00 p.m., and Monday, January 11, 2016 at 5:00 p.m. 8. BOARD MEMBER COMMENTS regarding matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Board member Ojeda commented she is in favor of La Porte Development Corporation funds being utilized for suitable restrooms at Five Points. President Warren thanked those in attendance of the meeting and wished everyone a Happy Thanksgiving. 9. ADJOURN Page 3 of 4 November 11, 2015, La Porte Development Corporation Board Minutes There being no further business, Vice-President Cooksley moved to adjourn the meeting at 6:44 p.m. MOTION PASSED Board member Martin seconded. . Respectfully submitted, ____________________________________ Sharon Harris, Assistant City Secretary Passed and approved on this 14 day of December, 2015. th ____________________________________ President Richard Warren Page 4 of 4 November 11, 2015, La Porte Development Corporation Board Minutes REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA ITEMITEM December 14, 2015December 14, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: ED General FundsED General Funds Scott D. LivingstonScott D. LivingstonSource of Funds:Source of Funds: Requested By:Requested By: CIP#015.9892.993.1100CIP#015.9892.993.1100 Economic Development/TourismEconomic Development/TourismAccount Number:Account Number: Department: $275,972.37$275,972.37 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount $42,057.96$42,057.96 Exhibits: Requested:Requested: 1. Project Presentation Project Presentation Budgeted Budgeted YESYESNONO 2. Bidder Sheet Summary Bidder Sheet Summary Item:Item: 3. Enhancement Grant Evaluation Summary Enhancement Grant Evaluation Summary 4. Enhancement Grant Application Enhancement Grant Application 5. La Porte Enhancement Grant Guidelines, La Porte Enhancement Grant Guidelines, Revised 11Revised 11--1111--1515 6. LPDC Bylaws, Revised 2 LPDC Bylaws, Revised 2--99--0909 7. Development Agreement for Sylvan Beach Development Agreement for Sylvan Beach ApartmentsApartments SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Brotamante Asset 1, LLC, the new Owner of the Sylvan Beach Apartments, recently submitted a completed Brotamante Asset 1, LLC, the new Owner of the Sylvan Beach Apartments, recently submitted a completed La Porte Enhancement Grant Application.  Mr. Edwin BrotamonteLa Porte Enhancement Grant Application.  Mr. Edwin Brotamonte’’s application represents the first time that the s application represents the first time that the ED Board has received an enhancement grant application from the owner of an apartment complex.   ED Board has received an enhancement grant application from the owner of an apartment complex.    Both Assistant City Attorney Clark Askins and Bill Longley, Legislative Counsel for the Texas Municipal League, Both Assistant City Attorney Clark Askins and Bill Longley, Legislative Counsel for the Texas Municipal League, believe that state statutes allow the use of economic development funds for believe that state statutes allow the use of economic development funds for ““infrastructureinfrastructure””, , ““site improvementssite improvements” and “other related improvementsother related improvements””to support new and expanding business enterprises, including commercial to support new and expanding business enterprises, including commercial apartment complexes. apartment complexes.   The Enhancement Grant Review Committee reviewed an Enhancement Grant Application from the Sylvan Beach  The Enhancement Grant Review Committee reviewed an Enhancement Grant Application from the Sylvan Beach Apartments at 315 N. Second Street, which is owned by Edwin Brotamonte.  The applicant collected three bids Apartments at 315 N. Second Street, which is owned by Edwin Brotamonte.  The applicant collected three bids from contractors to complete each of the following projects: (1) Paint & Wood Repair, (2) Asphalt Repair, (3) from contractors to complete each of the following projects: (1) Paint & Wood Repair, (2) Asphalt Repair, (3) Landscaping, and (4) Signage. Landscaping, and (4) Signage.   The lowest bids for each of the project were offered as follows:  The lowest bids for each of the project were offered as follows:  Paint & Wood Repair                                     Paint & Wood Repair                                     ----     $35,785.00     $35,785.00 Parking Lot Repair                                         Parking Lot Repair                                         ----     $35,000.00     $35,000.00 Landscaping                                                   Landscaping                                                   ----     $10,000.00     $10,000.00 Signage                                                           Signage                                                           ----       $3,330.72       $3,330.72 The sum total of these three, lowest bids is $84,115.72, and 50% of this sum is $42,057.86.  Please note the The sum total of these three, lowest bids is $84,115.72, and 50% of this sum is $42,057.86.  Please note the “Bid Sheet SummarySheet Summary””for details.  Therefore, according to the terms and conditions of the La Porte Enhancement for details.  Therefore, according to the terms and conditions of the La Porte Enhancement Grant Program, this project may receive up to $42,057.86 for these eligible projects upon completion of the work Grant Program, this project may receive up to $42,057.86 for these eligible projects upon completion of the work and proof of expenses paid. and proof of expenses paid.  The Enhancement Grant Evaluation Committee reviewed this enhancement project and believes that this project The Enhancement Grant Evaluation Committee reviewed this enhancement project and believes that this project will encourage similar rewill encourage similar re--development throughout the community of La Porte.  The Enhancement Grant Evaluation development throughout the community of La Porte.  The Enhancement Grant Evaluation Committee gave this project a score of 4.65 out of a maximum possible score of 5.0.  Please see the enclosed Committee gave this project a score of 4.65 out of a maximum possible score of 5.0.  Please see the enclosed “Evaluation SummaryEvaluation Summary””for additional detail. for additional detail.  Should the Board approve this enhancement grant request, this item of business would also need to go before the Should the Board approve this enhancement grant request, this item of business would also need to go before the City Council for approval, since the amount of the Enhancement Grant is greater than $25,000.  For additional City Council for approval, since the amount of the Enhancement Grant is greater than $25,000.  For additional information, please refer to page #7 of the LPDCinformation, please refer to page #7 of the LPDC’’s Bylaws, which were revised on 9 February 2015. (Enclosed). s Bylaws, which were revised on 9 February 2015. (Enclosed).   Also, under advice from Assistant City Attorney Clark Askins, a new development agreement, which is intended  Also, under advice from Assistant City Attorney Clark Askins, a new development agreement, which is intended to be used with each future project under the La Porte Enhancement Grant Program, was created and executed to be used with each future project under the La Porte Enhancement Grant Program, was created and executed as part of this application (exhibit attached).  In order for this proposed project to move forward, the owner of the as part of this application (exhibit attached).  In order for this proposed project to move forward, the owner of the property must sign, execute, and return an original copy of this development agreement to be included in the City property must sign, execute, and return an original copy of this development agreement to be included in the City Council’s meeting packet. s meeting packet.   Edwin Brotamonte is prepared to give a brief presentation regarding this project and address any questions the  Edwin Brotamonte is prepared to give a brief presentation regarding this project and address any questions the Board might have about this proposed project. Board might have about this proposed project.  Action Required by the La Porte Development Corporation:Action Required by the La Porte Development Corporation: Consider approval or other action to offer an enhancement grant for an amount not to exceed $42,057.86 to Consider approval or other action to offer an enhancement grant for an amount not to exceed $42,057.86 to Brotamonte Asset 1, LLC, to be awarded at the completion of the project, conditional upon receipts and the Brotamonte Asset 1, LLC, to be awarded at the completion of the project, conditional upon receipts and the completion of work as indicated.completion of work as indicated. Approved for the La Porte Development Corporation AgendaApproved for the La Porte Development Corporation Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 11/19/2015 4.754.754.254.754.75 4.65 , based on reciepts and Following is a summary of the evaluations of the La Porte Enhancement Grant Evaluating Commmittee (EGEC). If you have any questions Average Score # of Evaluators Initial Review Date:Total Average Score (out of 25) 44444 . (281) 470-5016 $42,057.86 Total Score 1919171919 Grant to be awarded in an amount not to exceed about the items listed below, please call the Economic Development Office at 315 N. 2nd Street; La Porte, Texas 77571 completion of work as indicated. Sylvan Beach Apartments Edwin Brotamonte (713) 253-1736 Project Demonstrates a significant improvement over the existing situation. Project will enhance Main Street's appeal to new businesses and visitors. 11/19/2015 Economic Development Coordinator Resident, Employee of La Car Porte Owner, Bay Port Animal Clinic Criteria Project will add to the beautification of Main Street. Project will complement the surrounding buildings. Director of Planning Project adds value to the City of La Porte. Recommendation: Business Address: Application Date: Business Name: Contact Name: Phone:Evaluating Committee Members: Title Scott D. Livingston Monica Rogers Cris Santiago Tim Tietjens Name 604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016 SYLVAN BEACH APARTMENTS 315N.2NDSTREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Planned Improvements Paint all wood components and metal rails of exterior structure I. Repair or replace all water damaged wood II. Power wash all brick exterior walls III. Landscaping IV. Asphalt parking lot repairs V. New Signage VI. Page 1 of20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Paint all wood components and metal rails of exterior structure I. Wood panels b/w Ðrst and second Ñoor A. Eaves B. Facia C. SofÐt D. Vertical Siding E. Doors F. Door Trim G. All steel rails H. Page 2 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Repair or replace all water damaged wood II. Wood panels b/w Ðrst and second Ñoor A. Eaves B. Facia C. SofÐt D. Vertical Siding E. Doors F. Door Trim G. Page 3 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application III. Power wash all brick exterior walls Page 4 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Landscaping III. Create 2 landscape islands around 2 new property signs A. Crepe Myrtles in key areas between units in front of brick walls B. Evergreen hedges along property wall below Ðrst Ñoor windows C. Page 5 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Asphalt parking lot repairs IV. Repair asphalt A. Reseal repaired asphalt B. Page 6 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application New Signage V. Property sign at 2nd and Adams A. Property sign at 3rd and Adams B. Lease ofÐce signage on 2nd and 3rd street C. Building IdentiÐcation signage D. Remove old signage E. Page 7 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 8 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 9 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 10 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 11 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 12 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 13 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 14 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 15 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 16 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Signs By Tomorrow $575.662$1,151.32+ Tax MDO Panels $45.004$180.00 + Tax Posts $25.004$100.00+ Tax Post Caps $89.9512$1,079.40 + Tax Building Signs $225.001$225.00 Remove sign $595.001$595.00 Install signs $3,330.72 Page 17 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 19 of 20 SYLVAN BEACH APARTMENTS 315 N. 2ND STREET LA PORTE, TX 77571 La Porte Enhancement Grant Program Application Page 20 of 20 LA PORTE ENHANCEMENT GRANT PROGRAM The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development Corporation, offers matching grants to businesses which are located in the City of La Porte. Eligible improvements of the La Porte Enhancement Grant Program include façade enhance- ment/rehabilitation, beautification projects, new awnings, canopies, porches, signage, and parking lot improvements. Each program application will be evaluated on a case-by-case basis, and ALL projects for a matching grant greater than $25,000 must also be approved by the La Porte City Council. Interested business owners are welcome to complete the enclosed application form. Please deliver applications to: Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 LivingstonS@laportetx.gov Please contact Scott D. Livingston at LivingstonS@laportetx.gov or 281/470-5016, if you have any questions about the La Porte Enhancement Grant Program. Sincerely, Scott D. Livingston Economic Development Coordinator City of La Porte LPORTE BY THE BAY A 604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016 LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 1, Revised 11/11/15 BUSINESS. BY THE BAY. ELIGIBLE PROJECTS Business owners may be eligible for a reimbursement grant of funds which are used to enhance and/or beautify their businesses. The following types of projects are eligible for reimbursement: Façade Rehabilitation/Enhancement Eligible projects include work on existing structures, such as removing non- historic/added facades, re-pointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, repairing facades, etc. New Awnings, Canopies, Porches, and Signage Eligible projects include replacing, adding, or repairing awnings, canopies, porches, and signs. Signs may include signboards, projecting signs, pedestrian signage, window signs, hanging signs, and awning/canopy signs. Beautification Projects Eligible projects include public art, landscaping, and other beautification projects as approved by the Enhancement Grant Evaluation Committee (EGEC). Parking Lot Improvements Eligible projects include new parking lot construction, parking lot paving, parking lot re- surfacing, parking space striping/painting, new parking blocks, old parking block removal, and other projects as approved by the EGEC. PROGRAM GUIDELINES Grant funds are available only for exterior work on commercial property and building 1. facades that are visible from public streets. In general, grants offered to businesses are intended to support projects to renovate or 2. convert existing structures to their original historic condition. Grants will be processed and considered for award on a first-come, first-served basis 3. until funds are depleted or until the program ends, whichever comes first. Grants will not be awarded for work that has already been started or completed, or for 4. work that is covered by insurance. If desired work is above and beyond what insurance will pay, and is, therefore, considered an upgrade and enhancement in the opinion of the EGEC, it may be eligible for grant funds. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 2, Revised 11/11/15 BUSINESS. BY THE BAY. Grants will not be awarded to any Applicant that owes any delinquent indebtedness* 5. to the City of La Porte or the La Porte Development Corporation (LPDC). Ϋ ǒĻƓƷ LƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ƒĻğƓ ğƓǤ źƓķĻĬƷĻķƓĻƭƭ ķǒĻ ğƓķ ƚǞźƓŭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ źƓĭƌǒķźƓŭ ĬǒƷ ƓƚƷ ƌźƒźƷĻķ ƷƚͲ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭ ƚƓ ƩĻğƌ ğƓķ ƦĻƩƭƚƓğƌ ƦƩƚƦĻƩƷǤͲ Ǟŷźĭŷ ƦƩƚƦĻƩƷǤ źƭ źƓ ŅğĭƷ ƚǞƓĻķ ĬǤ ğƓķ źƭ ƌĻŭğƌƌǤ ƭǒĬƆĻĭƷ Ʒƚ ƷğǣğƷźƚƓͲ ǞŷĻƷŷĻƩ ƚƩ ƓƚƷ ƷŷĻ ƭğƒĻ ƒğǤ ŷğǝĻ ĬĻĻƓ ƦƩƚƦĻƩƌǤ ƩĻƓķĻƩĻķ Ʒƚ ƷŷĻ Ʒğǣ ğƭƭĻƭƭƚƩΏĭƚƌƌĻĭƷƚƩ ĬǤ ğƓǤ ƦĻƩƭƚƓ͵ {ǒĭŷ ƷĻƩƒ ƭŷğƌƌ ğƌƭƚ źƓĭƌǒķĻͲ ĬǒƷ ƓƚƷ ĬĻ ƌźƒźƷĻķ ƷƚͲ ĭŷğƩŭĻƭ ŅƚƩ ƦĻƓğƌƷźĻƭͲ źƓƷĻƩĻƭƷ ğƓķ ĭƚƭƷƭ ƚƓ ğƓǤ ƭǒĭŷ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭͳ ĭŷğƩŭĻƭ ŅƚƩ ǞğƷĻƩͲ ƭĻǞĻƩͲ ŭğƩĬğŭĻ ğƓķ ƚƷŷĻƩ ƭĻƩǝźĭĻƭ ƩĻƓķĻƩĻķ ƚƩ ŭƚƚķƭ ŅǒƩƓźƭŷĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ Ʒƚ ğƓǤ ƦĻƩƭƚƓͳ ğƓķ ğƓǤ ƚƷŷĻƩ ƒğƓƓĻƩ ƚŅ źƓķĻĬƷĻķƓĻƭƭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ ƓƚǞ ĻǣźƭƷźƓŭ ƚƩ Ǟŷźĭŷ ƒğǤ ŷĻƩĻğŅƷĻƩ ĬĻ ĭƩĻğƷĻķ ĬǤ ğƓǤ ƦĻƩƭƚƓ͵ bƚ ƭǒĭŷ źƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ĬĻ ĭƚƓƭźķĻƩĻķ ǒ ǒƓƷźƌ ƷŷĻ ƷźƒĻ ŅƚƩ źƷƭ ĭǒƩƩĻƓƷ ƦğǤƒĻƓƷ ǒƓķĻƩ ƷŷĻ ǝğƩźƚǒƭ ƚƩķźƓğƓĭĻƭ ƚŅ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ ƚƩ ƭƷğƷĻ ƭƷğƷǒƷĻƭͲ ƚƩ ĭƚƓƷƩğĭƷǒğƌ ğŭƩĻĻƒĻƓƷͲ ƭŷğƌƌ ŷğǝĻ ĻǣƦźƩĻķͲ ǞźƷŷƚǒƷ ƦğǤƒĻƓƷ ŷğǝźƓŭ ĬĻĻƓ ƒğķĻ͵ Each grant will be awarded on a reimbursement basis once completed work has been 6. verified by the EGEC to be compliant with the plans proposed in the approved application. Any deviation from the approved project may result in the total or partial withdrawal of the grant. Each enhancement grant application will be subject to review by the EGEC, and 7. approval from the Board of the LPDC. The review criteria include the following: The project demonstrates a significant improvement over the existing situation, The project will add to the beautification of the City of La Porte , The project will enhance appeal to new businesses and visitors, The project will complement the surrounding buildings, and The project will add value to the City of La Porte. Grant applications and awards may be made in any of the reimbursable activities 8. described above and may be combined for any single property or project. An applicant is defined as an owner, tenant, or combination thereof, who occupies 9. space in an eligible property. A single owner of multiple properties may apply for grant funds for each property owned, but the matching grant must be for more than $2,500 and less than $50,000 per property in a three (3) year period. Preference will be given to all local bids for work that qualify under the current form of 10. the by the Board. Multiple bids are not required for each eligible project that is less than a total $2,000, of 11. which 50% or $1,000 would be a reimbursable expenses Purchasing Policy. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 3, Revised 11/11/15 BUSINESS. BY THE BAY. APPLICATION PROCESS Determine eligibility: Discuss project plans with the Economic Development 1. Coordinator, and the Coordinator will set up a pre-development meeting with the EGEC. Complete the application and sign the agreement form. Each grant application must 2. include the following: A scaled drawing by the project architect or design professional of all the work a. to be completed. Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will b. enable the EGEC to envision the finished project. Three (3) itemized work estimates on all project work from contractors or c. project architects. Self-contracted work will be reimbursed for actual legitimate expenses, excluding labor. Photographs of the buildings exterior. The Applicant shall be required to d. provide before and after photographs of the building before the reimbursement grant can be awarded. For the initial application, before photographs will suffice, but afte photographs of the completed project must be submitted before the grant may be considered for reimbursement. Return the completed application form, with all applicable items, to: 3. Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 LivingstonS@laportetx.gov The application will undergo an approval process, which includes but is not limited 4. to the following: Each project must meet current building standards and codes, as well as a. building permit requirements. The EGEC will only consider applications that have been properly and fully b. completed, and which contain all information requested in the application and/or by the committee. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 4, Revised 11/11/15 BUSINESS. BY THE BAY. All itemized work estimates submitted by the Applicant must be dated no c. earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contracs or project architecs letterhead and shall contain the contracs name, address, and telephone number and shall itemize the bid in a manner that allows the EGEC to determine the bid components and authenticity of the bid. Applications receiving approval by the EGEC shall commence construction d. described in the application within ninety (90) days from the date that the enhancement grant is approved. Each Applicant must complete the construction described in the Application within one (1) year from the date that the grant is approved. If the Applicant cannot meet this timeline, then the Applicant may submit a written request for an extension of the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The EGEC shall not be obligated to grant an extension, but it may do so for good cause determined solely by the members of the Committee. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the EGEC. Denial of an extension request may not be appealed. As a condition of this grant Application, the Applicant consents, and shall e. allow, the EGEC to request city inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. The EGEC and LPDC shall have sole discretion in awarding grants. They shall f. award grants considering the amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program. No Applicant has a proprietary right to receive grant funds. The EGEC shall g. consider any application within its discretionary authority to determine what grant amount would be in the best interest of the grant program. The Applicant shall be required to furnish bef photographs of the h. buildings exterior, and any other site locations that are included as part of the application request. The applicant shall also provide fte photographs once the construction has been completed, as a condition of final grant disbursement. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 5, Revised 11/11/15 BUSINESS. BY THE BAY. The EGEC has the final discretion with regard to funding and reserves the i. right to recommend modifications or reject any project or elements of any project. Reimbursement. When the entire enhancement grant project has been completed, the 5. Applicant shall present the Economic Development Office with the following: Copies of all paid invoices, including copies of cancelled checks and/or credit a. card receipts for a single payment reimbursement of the approved funding, and Photographs of all completed work. b. When the project has been reviewed and approved by the EGEC, and their 6. recommendations have been presented and approved by the LPDC, a reimbursement check will be issued. LA PORTE ENHANCEMENT GRANT PROGRAM PAGE 6, Revised 11/11/15 BUSINESS. BY THE BAY. La Porte Enhancement Grant Application tƌĻğƭĻ ƦƩźƓƷ ĭƌĻğƩƌǤ͵ tƌĻğƭĻ ƭǒĬƒźƷ ğ ĭƚƒƦƌĻƷĻķ ğƦƦƌźĭğƷźƚƓ Ʒƚʹ Scott D. Livingston Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 APPLICANT INFORMATION: APPLICATION DATE: Applicant Name Business Name Physical Business Address Business Owner (if different from applicant) Mailing Address Contact Phone Email Address TYPE OF WORK (ĭŷĻĭƉ ğƌƌ ƷŷğƷ ğƦƦƌǤ): Façade Awnings/Signage Parking Lot Improvements Beautification DETAILS OF PLANNED IMPROVEMENTS (ğƷƷğĭŷ ğķķźƷźƚƓğƌ ƦğŭĻƭ źŅ ƓĻĭĻƭƭğƩǤ): LA PORTE ENHANCEMENT GRANT APPLICATION PAGE 1, Revised 11/11/15 BUSINESS. BY THE BAY. Please list the name of each Contractor and/or Project Architect and the Total Amount of each bid. Please, also, attach the original proposals and work estimates: CONTRACTOR/PROJECT ARCHITECT TOTAL 1. $ 2. $ 3. $ 4. $ 5. $ BUDGET DETAIL PROJECT EXPENDITURES FUNDS FUNDS APPLIED TOTAL Façade Rehab $ $ $ Awnings/Signage $ $ $ $ $ $ Beautification $ $ $ Parking Lot Improvements Other (list): $ $ $ TOTAL $ $ $ Total estimated cost of proposed project: $ Amount requested (up to 50% of total cost, $2,500 to $50,000): $ tƌĻğƭĻ ğƷƷğĭŷ ĭƚƌƚƩ ƭğƒƦƌĻƭͲ ƒƚķĻƌ ƓǒƒĬĻƩƭ ΛŅƚƩ ǞźƓķƚǞƭͲ ķƚƚƩƭͲ ĻƷĭ͵ΜͲ ƦŷƚƷƚƭͲ ƭĭğƌĻķ ķƩğǞźƓŭƭͲ ğƓķ ƚƷŷĻƩ źƌƌǒƭƷƩğƷźƚƓƭ ƚŅ ǞƚƩƉ Ʒƚ ĬĻ ĭƚƒƦƌĻƷĻķ͵ tƌĻğƭĻ źƓĭƌǒķĻ ğƭ ƒǒĭŷ ķĻƷğźƌ ğƭ ƦƚƭƭźĬƌĻ͵ —ƚǒƩ ƭźŭƓğƷǒƩĻ ƚƓ Ʒŷźƭ ğƦƦƌźĭğƷźƚƓ ĭĻƩƷźŅźĻƭ ƷŷğƷ Ǥƚǒ ǒƓķĻƩƭƷğƓķ ğƓķ ğŭƩĻĻ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƷğƷĻƒĻƓƷƭʹ I have met with the EGEC and I fully understand the Enhancement Grant procedures and details established. I intend to use these grant funds for the eligible renovation projects, as spelled out in the application. I have not received, nor will I receive insurance monies for this revitalization project, OR I have disclosed all pertinent insurance information. I understand that if I am awarded an Enhancement Grant, any deviation from the approved project may result in the partial or total withdrawal of the grant funds. APPLICANT SIGNATURE DATE LA PORTE ENHANCEMENT GRANT APPLICATION PAGE 2, Revised 11/11/15 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA PORTE DEVELOPMENT COPRPORATION, AND _BROTAMONTE ASSET 1, LLC_, A TEXAS _PARTNERSHIP_, FOR USE OF TYPE B DEVELOPMENT CORPORATION SALES TAX FUNDS IN CONNECTION WITH THE LA PORTE DEVELOPMENT CORPORATION ENHANCEMENT GRANT PROGRAM th THIS AGREEMENT made by and entered into this _14_ day of December, 2015 between the La Porte Development Corporation, a Type B non-profit corporation operating under authority of Texas Local Government Code Chapters 501 and 505, hereinafter LPDC, and _BROTAMONTE ASSET 1, LLC_, hereinafter referred to as the Recipient. WITNESSETH: WHEREAS, the voters of the City of La Porte authorized the levying of additional sales tax within the City to promote economic development and the LPDC is authorized to use such tax revenues for certain qualifying projects and other economic development related purposes; and WHEREAS, the La Porte Development Corporation has established the La Porte Enhancement Grant Program, the purpose of which is to offer financial incentives in the form of matching grants to aid business establishments located in the City of La Porte, Texas; and WHEREAS qualifying applicants for matching grants under the La Porte Enhancement Grant Program are eligible to use grant funds for building site improvements including façade rehabilitation/enhancement, new awnings, canopies, porches, and signage, beautification projects, and parking lot improvements as outlined in the guidelines of the La Porte Enhancement Grant Program; and WHEREAS, upon approval as a project of the La Porte Development Corporation, the La Porte Development Corporation will provide to the qualifying applicant a subsidy of one-half (1/2) of the cost of building site enhancements, up to a maximum match amount of $49,999.99; and WHEREAS, the Recipient owns and operates a business known as the Sylvan nd Beach Apartments, located at 315 N. 2 Street, La Porte, Texas, (the Business Site herein) for which Recipient wishes make certain improvements, hereinafter described, under an Enhancement Grant Program application; and WHEREAS, the Recipient wishes to renovate the Business Site by completing the following projects: 1) Paint & Wood Repair; 2) Parking Lot Repair, 3) Landscaping, and 4) Signage, which would result in the expenditure by Recipient of an estimated 84,115.72 $ in capital improvements and employ no less than TWO (2) full time and TWO (2) part-time employees, with one-half of such capital expenditure being eligible 1 for reimbursement by the La Porte Development Corporation, up to a maximum of $49,999.99; and WHEREAS, the provision of financial incentives to the Recipient in connection with a La Porte Enhancement Grant Program application would qualify as a project of the LPDC for infrastructure, site improvements and other related improvements, as authorized by Texas Local Government Code Chapters 501 and 505, and it is the desire of LPDC to assist in the funding of same, finding that such expenditures will promote or develop new or expanded business enterprises. WHEREAS, Texas law and the by-laws of the LPDC require that certain expenditures and projects by the LPDC be approved by the governing body of the City; and whereas the LPDC Board has duly approved such project and the expenditures for any project for a contribution of the LPDC Board greater than $25,000 must also be authorized by the La Porte City Council; and NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the citizens of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows: ARTICLE I In consideration of the Recipient making eligible and approved improvements to nd the Business Site at 315 N. 2 Street; La Porte, TX 77571, in connection with an application under the La Porte Enhancement Grant Program, which program was considered in that certain public hearing authorizing a proposed project for the expenditure of LPDC funds for the promotion or development of new or expanded business enterprises, held before the LPDC on October 28, 2015, LPDC agrees to provide the Recipient with a matching grant payment in an amount not to exceed $42,057.86 , as a match for Recipients capital expenditure, which payment shall be distributed upon the attainment of the following conditions: 1) Receipt by the LPDC of copies all applicable invoices and receipts of payment for the same invoices for all projects, which were previously approved by the LPDC Board, and have been completed, 2) Receipt by the LPDC of pictures showing proof of completion of each of the projects previously approved by the LPDC Board, 3) Receipt by LPDC of copies of all certificates and permits required by the City of La Porte, Texas, if any, to the Recipient for completion of the renovated Business Site; 84,115.72 4) Proof of minimum capital investment in the amount of $ applied towards eligible and approved improvements of the Business Site and related infrastructure and site work. The renovation to the Business Site and related 2 infrastructure for which the required capital investment is made, must, at a minimum, include the following scope of work: a) Paint & Wood Repair for $35,785.00 b) Parking Lot Repair for $35,000.00 c) Landscaping for $10,000.00 d) Signage for $3,330.72 5) Submission to LPDC of an employment roster evidencing that the Recipient employs TWO (2) full time and TWO (2) part-time individuals as employees at the Business Site. Proof of employment, for purposes of this agreement, shall require the Recipient to produce either a) copies of the Recipients 941 Report to the Internal Revenue Service and C3 Report to the Texas Workforce Commission for each employee (but with the social security number of each employee redacted), or b) a signed and notarized statement executed by the owner, or another duly authorized representative, of the company affirming that TWO (2) full time and TWO (2) part-time employees are employed by the Recipient for positions permanently located at Business Site. 6) Presentation to the Board of the LPDC, during a regularly scheduled Board meeting, regarding all elements of the completed enhancement grant projects. $42,057.86 7) In no case will the sum of be made by the LPDC if all the required items listed in Article I are not delivered to and received by LPDC within one (1) year from the date on which this agreement is approved by the La Porte City Council. In the case that all the required items listed in Article I for the Business Site are presented to LPDC on or before said deadline, the LPDC shall convene a meeting of the LPDC Board of Directors for a date no later than forty-five (45) days. Upon verification of the completion of all projects previously approved by the LPDC Board to the Business Site, as reflected by formal vote of the LPDC Board of Directors that the Recipient has satisfied the $42,057.86 requirements of this paragraph, LPDC will then remit the sum of to the Recipient within a period not to exceed thirty (30) days. ARTICLE II All funds received as herein provided shall be solely for the purpose of contributing towards the Recipients costs in making eligible and approved improvements to the Business Site. The Recipient further acknowledges that the incentive grant provided for herein is tied to a project of the LPDC for the promotion or development of new or expanded business enterprises, as authorized by Texas Local Government Code chapters 501 and 505. 3 ARTICLE III Disbursement and/or retention of the cash incentive identified in Article I of this Agreement shall be made as follows: A. Disbursement shall be made to Recipient, subject to the satisfaction of the conditions precedent or conditions subsequent contained within Article I of this Agreement. $42,057.86 B. LPDCs obligation to Recipient shall not exceed , nor shall LPDC be obligated to reimburse Recipient for requests delivered to LPDC after the termination of this Agreement. ARTICLE IV The Recipient understands that the funds paid to the Recipient by the LPDC are derived from tax revenues collected under Texas Local Government Code 505.252, and that LPDC has estimated the tax revenues to be collected during the term of this Agreement. The Recipient further understands, acknowledges, and agrees that if the tax revenue actually collected is less than 90% of the estimated tax revenues to be collected in any fiscal year during the term of this Agreement, LPDC will be under no obligation to provide funding to the Recipient for any payment or payments during or after the fiscal year for which there is a revenue shortfall. Upon execution of the Agreement, funds will be placed in a City of La Porte designated commitment account for purposes of this Agreement. ARTICLE V In the event of any default by the Recipient hereunder, including, but not limited to, use of the funds provided herein for purposes other than those stated in Article I of this Agreement, LPDC may cease all future payments hereunder and terminate this Agreement. In addition, LPDC shall have the right to reclaim and recapture, and the Recipient shall refund, any funds that are not spent in accordance with the terms of this Agreement, including 1) LPDC funds spent by the Recipient in contravention of this Agreement and 2) any LPDC funds previously paid to the Recipient but not yet spent by Recipient. In each such case, the previously paid cash payment or payments shall be remitted to the LPDC within sixty (60) of receipt of written demand for same. Any breach of this covenant shall be grounds for immediate termination of the distribution of funds. ARTICLE VI The term of this Agreement will expire one (1) year from the date on which the City Council approved the project. 4 ARTICLE VII All funds provided by the LPDC pursuant to this Agreement may be used only for the purposes authorized by this Agreement. Notwithstanding Article I, above, City shall be under no obligation to make any fund disbursements if the reports required under this Article have not been delivered to the LPDC. ARTICLE VIII This Agreement does not create any joint venture, partnership, or agency relationship between the LPDC and the Recipient. The Recipient shall have exclusive control of, and the exclusive right to control the details of the work to be performed by the Recipient hereunder and all personnel performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event shall any person participating in or performing any of the Recipients duties or responsibilities hereunder be considered an officer, agent, servant, or employee of the LPDC. ARTICLE IX The Recipient agrees to assume and does hereby assume all responsibility and liability for damages sustained by persons or property, whether real or asserted, by or from the carrying on of work by the Recipient or in the performance of services performed and to be performed by the Recipient hereunder. The Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless LPDC and all their respective officers, agents, and employees from all suits, actions, claims, and expenses of any character, including attorneys fees, brought for or incurred on account of any injuries or damages, whether real or asserted, sustained by any person or property by or in consequence of any intentional or negligent act, omission, or conduct of the Recipient, its agents, servants or employees. ARTICLE X This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE XI The Recipient shall adhere to all local, state, and federal laws and regulations that may affect its actions made pursuant to this Agreement, and shall maintain in effect during the term of this Agreement any and all federal, state, and local licenses and permits which may be required of Recipients generally. 5 ARTICLE XII The Recipient may not assign this Agreement, or any of the benefits provided herein including but not limited to incentive payments identified in Article I, without the written consent of LPDC. ARTICLE XIII The waiver by LPDC of any breach of any term, condition, or covenant herein contained shall not be deemed a waiver of any subsequent breach of the same, or any other term, condition, or covenant. ARTICLE XIV The obligations of the Parties to this Agreement are performable in Harris County, Texas and if legal action is necessary to enforce same, venue shall lie in Harris County, Texas. ARTICLE XV This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. ARTICLE XVI This Agreement may be executed in triplicate, each of which shall be deemed an original and constitute one and the same instrument. ARTICLE XVII Neither LPDC nor the Recipient shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean Acts of God, civil riots, floods, and any other cause not reasonably within the control of LPDC or the Recipient except as herein provided, and which by the exercise of due diligence LPDC or the Recipient is unable, wholly or in part, to prevent or overcome. ARTICLE XVIII In submitting this application, the applicant whose signature appears below affirms its intent and commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does not and will not knowingly employ an undocumented worker 6 during any time period associated with the public subsidy for which the application is being submitted. The applicant further certifies its understanding and agreement that if it is convicted of a violation of 8 U.S.C. Section 1324a(f), providing for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the rate and according to the terms of the agreement signed under Section 2264.053 of the Government Code, not later than the 120th day after the date the city notifies the business of the violation. ARTICLE XIX The Agreement embodies the complete agreement of the parties hereto, superseding all oral or written pervious and contemporary agreements between the Parties, which relate to matters in this Agreement. SIGNED AND AGREED to by LPDC and the Recipient on the dates indicated below. LA PORTE DEVELOPMENT CORPORATION __________________________ Richard Warren, President ___________________ Date ATTEST ___________________________ Secretary of the Corporation 7 Brotamonte Asset 1, LLC ________________ By: _________________________________ 11/30/2015 _________________________ Date ATTEST ________________________________ 8