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HomeMy WebLinkAbout12-17-08 Meeting of the La Porte Redevelopment Authority LAPORTE REDEVELOPMENT AUTHORITY STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE IS HEREBY GIVEN OF THE MEETING OF THE LA PORTE REDEVELOPMENT AUTHORITY TO BE HELD ON DECEMBER 17, 2008 AT 6:30 P.M. IN CITY COUNCIL CHAMBERS, CITY HALL, 604 WEST FAlRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW: 1. Call to order - Lindsey Pfeiffer, President; 2. Consider PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING AGREEMENT by and between Port Crossing Land, LP, a Texas limited partnership ("Port Crossing"), and 65 La Porte, Ltd., a Texas limited partnership ("65 La Porte") The La Porte Redevelopment Authority and the La Porte Tax increment Reinvestment Zone #1 ("TIRZ"); 3. Consider 8th TIRZ Draw and General contractor statements and the sworn statements for the Port Crossing Land LP for the period ending September 30, 200 4. Consider approval or other action with regard to authority invoices; 5. Staff report and updates; 6. Board member comments; 7. 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 POSSffiLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT TillS MEETING AND PARTICIPATE IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION. David W. Hawes Executive Director ~ Jl-ll~D~ Date Posted LA PORTE REDEVELOPMENT AUTHORITY, CITY OF LA PORTE. TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 2. Consider PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING AGREEMENT by and between Port Crossing Land, LP, a Texas limited partnership ("Port Crossing") and 65 La Porte, Ltd., a Texas limited partnership ("65 La Porte"), The La Porte Redevelopment Authority, and the La Porte Tax Increment Reinvestment Zone # I ("TIRZ"). LA PORTE REDEVELOPMENT AumORITY c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING AGREEMENT TillS PUBLIC RIGHT OF WAY IMPROVEMENT AND FUNDING AGREEMENT (this "Agreement") is made and entered into as of the _ day of October, 2008, by and among Port Crossing Land, LP, a Texas limited partnership ("Port Crossing"), and 65 LaPorte, Ltd., a Texas limited partnership ("65 LaPorte"), the LaPorte Tax Increment Reinvestment Zone # 1 ("Zone") and La Porte Redevelopment Authority ("Redevelopment Authority") (Zone and Redevelopment Authority are hereinafter referred to collectively as "City"). Port Crossing, 65 LaPorte, Zone, and Redevelopment Authority are sometimes referred to individually or collectively as "Party" or the "Parties". WHEREAS, Port Crossing is the owner of that certain real property situated in Harris County, Texas, more particularly shown on Exhibit "A" attached hereto and made a part hereof for all purposes ("Port Crossing Tract"); and WHEREAS, 65 LaPorte is the owner of that certain real property situated in Harris County, Texas, more particularly shown on Exhibit "B" attached hereto and made a part hereof for all purposes ("65 LaPorte Tract"); and WHEREAS, The Port Crossing Tract and the 65 LaPorte Tract border a public right of way known as State Highway 146, which is intersected ("Intersection") by another public right of way known as Wharton Weems Boulevard, as shown on the Plans (as such term is defmed below); and WHEREAS, Port Crossing and 65 LaPorte mutually agree that certain modifications to the Intersection are required in order for the Intersection to be safe for use by the traveling public and to meet the requirements of the Texas Department of Transportation, as shown on the plans attached as Exhibit "c" ("Plans"); and WHEREAS, City has agreed to administer and oversee the construction project at the Intersection ("ProjecC), and Port Crossing and 65 LaPorte have agreed to each pay certain monies to City, to be held in escrow by City in order to fund the Project; and WHEREAS, the Owners desire to enter into this Agreement to provide for approval of the Project, the Approved Budget (as such term is defmed herein below), and establish a mechanism for payment of necessary costs. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein expressed, and other good and valuable conSideration, the receipt and sufficiency of which is hereby acknowledged, Port Crossing, 65 LaPorte, and City agree as follows: H-Public _Right_of _ WaLlmprovement_ and _Funding_ Agreement_ v9(738385 _9)[1 ).DOC ARTICLE I ADDITIONAL DEFINITIONS Any capitalized terms not otherwise defined elsewhere in this Agreement shall have the respective meanings indicated below: (a) "Approved Budget" shall mean the budget approved by the Owners for the design, engineering and construction of the Project, as shown on Exhibit "D". attached hereto and made a part hereof for all purposes, and to be further defmed upon acceptance by appropriate authorities of a bid for construction of the Project by a general contractor, as more particularly set forth herein. - - - (b) "Governmental Authority" shall mean the political subdivision in which the Property is located and any other political subdivision, agency, or instrumentality exercising jurisdiction over the Property. - (c) "Governmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, county, city, or any other political subdivision in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Property (including, without limitation, all environmental laws, zoning and other ordinances, statutes, codes, rules, regulations, orders and decrees for the handicapped or disabled). - - (d) "Owners" means both 65 LaPorte and Port Crossing. (e) "Person" shall mean any individual, partnership, firm, association, corporation, limited liability company, trust or any other form of entity. (f) "Proportionate Share" shall mean each Owner's respective share of the costs and expenses of the Project. Port Crossing's Proportionate Share shall be fifty percent (50%) of the Approved Budget and 65 LaPorte's Proportionate Share shall be fifty percent (50%) of the Approved Budget. ARTICLE II DESIGN AND CONSTRUCTION OF THE PROJECT Section 2.1. Design of the Proiect. (a) Port Crossing, 65 LaPorte and City hereby approve the Plans for the Project, and agree that the Plans may be modified upon written agreement of the Parties in order to meet any Governmental Requirements. H-Public_ Right_ oC Way_Improvement_and ]undinlL Agreement _ v9(738385 _9)[1 ].DOC 2 (b) Port Crossing shall cause bid packages for construction of the Project to be submitted to qualified contractors in accordance with all applicable Governmental Requirements. Port Crossing shall recommend to City a contractor for selection in accordance with applicable Governmental Requirements, without any further approval of 65 LaPorte, provided that the bid of the winning contractor is consistent with the Plans and the Approved Budget. Once the winning contractor is selected, Port Crossing shall cause to be executed by City and the contractor and issued all construction contracts, service contracts, bonds and/or other security or contracts (collectively, the "Contract") required in connection with construction, completion and/or maintenance of the Project. (c) Once City selects the winning contractor ("Contractor") and the Contract is fully executed, City shall have full and complete authority to administer and oversee the execution of the Contract and the construction of the Project, without any further approval of the Owners, except as otherwise set forth herein. (d) In no event shall City be obligated to take any action that requires City to incur any expenses beyond those approved in this Agreement, unless City has received written commitments from Port Crossing and 65 LaPorte of such Owners' agreement to pay the entire additional amount of the costs and expenses relating to the Project in accordance with the provisions of Section 2.3 below. Section 2.2. Other Obligations. In connection with the construction of the Project, City is hereby authorized and obligated to use commercially reasonable efforts to cause the Contracts, any bonds and/or other security to remain in full force and effect during the entire term of construction of the Project and thereafter if required pursuant to the terms thereof, except in the event of the default by a the Contractor, in which event, City may terminate such contract and retain a substitute contractor acceptable to Governmental Authorities to complete the Project. Section 2.3. Costs of Design and Construction of Project. The cost and expense of the design, engineering, permitting, construction and related costs of the Project pursuant to this Agreement shall be borne by the Owners in accordance with their respective Proportionate Shares. Each party hereby agrees to pay its Proportionate Share. Port Crossing and 65 LaPorte shall, within fifteen (15) days of execution of the Agreement, pay the full amount of each party's respective Proportionate Share to City, to be held by City in escrow and used by City (the "Escrowed Funds") for the duration of the administration of the Contract. City hereby agrees that it shall pay the amounts due and payable in any and all invoices received from the Contractor ("Contractor Invoices") to the Contractor from the Escrowed Funds. City further agrees that in the event the amount of the Escrowed Funds is insufficient to pay the cost of the Contractor Invoices submitted by Port Crossing, then City shall immediately provide written notice to the Owners ("Insufficient Funds Notice"). If, during the course of City's administration of the Contract and oversight of the construction of the Project, the costs of the Project exceed the costs approved in the Approved Budget and paid by Port Crossing and 65 LaPorte in accordance with this Section 2.3, then City shall promptly notify Owners of same and provide Contractor's written estimate of additional cost ("Additional Cost"). Owners shall, within fifteen (15) days of receipt of notice from City of an Insufficient Funds Notice or an Additional Cost, pay to City the amount of such Additional Cost or amount due under the Insufficient Funds H-Public _ Right_ oC Way_Improvement _ and ]UndiDlL Agreement _ v9(738385 _9)(1].DOC 3 Notice in a ratio of fifty percent (50%) by Port Crossing and fifty percent (50%) by 65 LaPorte, such funds to be included as Escrowed Funds. However, if the Contractor (1) has completed its work on the Project and fulfilled its duties under its contract, (2) submitted any and all necessary invoices, and received any and all necessary payment, and (3) provided a written release of any claims associated with its work on the Project, and the City determines that a portion of the Escrowed Funds remain in its possession, then it shall, upon receiving written instruction from Port Crossing, distribute the remaining portion of the Escrowed Funds in equal shares to both Port Crossing and 65 LaPorte. Port Crossing and 65 LaPorte expressly agree that the City shall have absolutely no legal obligations whatsoever to the Contractor, and further agree that City's duties are limited to that expressly stated in this Section 2.3. Port Crossing and 65 LaPorte hereby agree that each party shall indemnify City for any and all damages, of any type, sustained by City in the performance of its duties set forth herein. City hereby agrees that the Proportionate Share paid by Port Crossing and 65 LaPorte, respectively, represents costs that are reimbursable by City from revenues received by the City from the sale of bonds by the City after completion of construction of the Project, which reimbursement is subject to the term of the reimbursement agreements between each of Port Crossing and 65 LaPorte with the City. Section 2.4. Dispute Resolution. If a dispute exists between the Owners and City with respect to the approval of any Plans for the Project, the Approved Budget, or the Additional Costs, and such dispute is not resolved within five (5) business days following the written demand from the disputing party to meet to attempt to resolve such dispute, then such dispute shall be subject to mediation in accordance with the then current Mediation Rules of the Construction Industry of the American Arbitration Association. Notwithstanding the foregoing, if an immediate decision must be made as to any Plans for the Project or the approval of a budget in order to prevent unreasonable delay in the construction of the Project, then the requesting party may make the necessary decision with respect to the Plans and budget but such decision shall continue to be subject to mediation as provided above. - - ARTICLE III DEFAULT AND REMEDIES Section 3.1. Rights Upon Occurrence of a Default bv Port Crossing. A "Port Crossing Default" means the failure of Port Crossing to perform any obligation, covenant or agreement of Port Crossing set forth in this Agreement and the failure to cure such default within thirty (30) days following written notice from 65 LaPorte or the City of such failure or breach of this Agreement. At any time following the occurrence of a Port Crossing Default which remains uncured, 65 LaPorte may elect to do the following: - (a) If the Port Crossing Default involves a failure to pay such Port Crossing's Proportionate Share of the Project, or an Additional Cost, 65 LaPorte may pay the amount necessary to cure the Port Crossing Default and prevent construction on the Project from ceasing, provided that Port Crossing shall repay the amount paid by 65 LaPorte to cure the Port Crossing Default together with interest at an interest rate of fifteen percent (15%) per annum no later than thirty (30) days after such payment by 65 LaPorte; and H-Public _Right _ oC Way_Improvement _ and ]undinlL Agreement_ v9(738385 _9)[1 J.DOC 4 (b) Pursue such other remedies which may be available to 65 LaPorte at law or in equity, including, without limitation, the right to enforce specific performance of Port Crossing's obligations hereunder. Section 3.2. Rights Upon Occurrence of a Default by 65 LaPorte. A "65 LaPorte Default" means the failure of 65 LaPorte to perform any obligation, covenant or agreement of 65 LaPorte set forth in this Agreement and the failure to cure such default within thirty (30) days following written notice from Port Crossing or the City of such failure or breach of this Agreement. At any time following the occurrence of a 65 LaPorte Default which remains uncured, Port Crossing may elect to do the following: (a) If the 65 LaPorte Default involves a failure to pay such 65 LaPorte's Proportionate Share of the Project, or an Additional Cost, Port Crossing may pay the amount necessary to cure the 65 LaPorte Default and prevent construction on the Project from ceasing, provided that 65 LaPorte shall repay the amount paid by Port Crossing to cure the 65 LaPorte Default together with interest at an interest rate of fifteen percent (15%) per annum no later than thirty (30) days after such payment by Port Crossing; and (b) Pursue such other remedies which may be available to Port Crossing at law or in equity, including, without limitation, the right to enforce specific performance of 65 LaPorte's obligations hereunder. ARTICLE IV MISCELLANEOUS Section 4.1. Port Crossing's Indemnity. Port Crossing agrees to indemnify, defend, protect and hold harmless 65 LaPorte and its respective officers, directors, partners, shareholders, managers, members, agents and employees from and against any suit, demand, claim, cause of action, loss, damage, injury, cost, liability or expense, including investigation costs and attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen, from the negligent acts or omissions or willful misconduct of Port Crossing or Port Crossing's officers, directors, managers, employees, partners, agents and contractors in connection with the construction of the Project, which indemnification obligation shall be subject to the laws of comparative negligence. Section 4.2. 65 LaPorte's Indemnity. 65 LaPorte agrees to indemnify, defend, protect and hold harmless Port Crossing and their respective officers, directors, partners, shareholders, managers, members, agents and employees from and against any suit, demand, claim, cause of action, loss, damage, injury, cost, liability or expense, including investigation costs and attorney's fees, consultant fees, and expert witness fees that arise, or are alleged to have arisen, from the negligent acts or omissions or willful misconduct of 65 LaPorte or 65 LaPorte's officers, directors, partners, managers, employees, agents and contractors in connection with the construction of the Project, which indemnification obligation shall be subject to the laws of comparative negligence. H-Public _ Right_ of_ Way- Improvement_and ]undinlL Agreement_ v9(738385 _9)[I].DOC 5 Section 4.3. Binding Effect. The obligations created hereunder shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and asSIgnS. - Section 4.4. Approvals/Consents. Unless expressly provided to the contrary in this Agreement, with respect to any approval or consent by either Party under or pursuant to this Agreement, such approval or consent shall not be unreasonably withheld, conditioned or delayed. Unless provision is made for a specific time period, each response to a request for an approval or consent required to be considered pursuant to this Agreement shall be given by the Party to whom directed within fourteen (14) days of receipt. Each disapproval shall be in writing and the reasons shall be clearly stated. If a response is not given within the required time period, and if the request for response shall state that the requested Party shall be deemed to have given its approval or consent upon the failure of the requested Party to respond within the required time period, then the requested Party will be deemed to have given its consent or approval. - - Section 4.5. Governing Laws. This Agreement shall be construed and governed in accordance with the laws of the State of Texas. - Section 4.6. Counterparts. This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one and the same instrument. - Section 4.7. Construction And Interpretation. (a) This Agreement and the Exhibits hereto contain all the representations and the entire agreement between the Port Crossing, 65 LaPorte, and City with respect to the subject matter hereof. Any prior negotiations, correspondence, memoranda or agreements are superseded in total by this Agreement and Exhibits hereto. This Agreement has been fully negotiated at arms length between the signatories hereto, and after advice by counsel and other representatives chosen by such signatories, and such signatories are fully informed with respect thereto. - (b) Whenever required by the context of this Agreement, (i) the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa and (ii) use of the words "including", "such as", or words of similar import, when following any general term, statement or matter shall not be construed to limit such statement, term or matter to specific items, whether or not language of non- limitation, such as "without limitations, or "but not limited to", are used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms or matter. - - (c) The captions preceding the text of each Article and section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Agreement. Capitalized terms are also selected only for convenience of reference and do not. - - H.Public _ Right_ of_ WaLlmprovemenl_ and ]unding_ Agreement_ v9(738385 _9)[1 ].DOC 6 necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this Agreement. (d) Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any Person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other Person and the same shall remain in full force and effect. (e) This Agreement may be amended by, and only by, a written agreement signed by all of the then current Parties. No consent to the amendment of this Agreement shall ever be required of any Person other than the Parties, nor shall any Person other than the Parties have any right to enforce any of the provisions hereof. For so long as Port Crossing owns any portion of Port Crossing Tract, only Port Crossing shall be required to execute any such modification, rescission or amendment as the owner of the Port Crossing Tract. For so long as 65 LaPorte owns any portion of the 65 LaPorte Tract, only 65 LaPorte shall be required to execute any such modification, rescission or amendment as the owner of the 65 LaPorte Tract. Each Party may consider, approve or disapprove any proposed amendment to this Agreement in its sole and absolute discretion without regard to reasonableness, but shall respond in writing to such request within fourteen (14) days following receipt of such request. Section 4.8. Notices. (a) All notices given pursuant to this Agreement shall be in writing and shall be given by personal delivery, by facsimile, by United States express mail or other established express delivery service (such as Federal Express), or by United States mail, postage or delivery charge prepaid, certified return receipt requested, addressed to the parties at the addresses set forth below, or to such other address as a party may designate in written notice delivered to the other party: Port Crossing: Port Crossing Land, LP Attn: Russell D. Plank 3330 S. Sam Houston Parkway Houston, Texas 77047 Telephone: (713) 578-1234 Facsimile: (713) 734-5544 65 LaPorte: 65 LaPorte, Ltd. Attn: Jim Larson Telephone: Facsimile: Zone: LaPorte Tax Increment Reinvestment Zone #1 Attn: H-Public_Right_oC Way _lmprovement_and]unding_Agreement _ v9(738385 _9)[I].DOC 7 Telephone: Facsimile: Redevelopment Authority; LaPorte Redevelopment Authority Atln: Telephone: Facsimile: The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. All notices given pursuant to this Agreement shall be deemed given upon receipt. (b) F or the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to this section as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of [a] the date of the attempted delivery or refusal to accept delivery, [b] the date of the postmark on the return receipt, or [c] the date of receipt of notice of refusal or notice of nondelivery by the sending party. - Section 4.9. Waiver. The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by any Party of any default under this Agreement shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default andlor period of time specified in such express waiver. One or more written waivers or any default under any provision of this Agreement shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this Agreement. - - Section 4.10. Time. Time is of the essence of this Agreement. Section4.11. Attorney's Fees. In the event any entity initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). - H-Public _Right _ oC Way _Improvement_and ]unding_ Agreement_ v9(738385 _9)[1 ].DOC 8 Section 4.12. Negation of Partnership. None of the terms or provIsIons of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. {Signature Page of Public Right of Way Improvement and Funding Agreement) H-Public _ Right _ oC Way_Improvement _ and]unding_ Agreement _ v9(738385 3)[1 ].DOC 9 IN WITNESS WHEREOF, the Owners and CITY have executed this Agreement to be effective as of the day and year fIrst above written. PORT CROSSING LAND, LP, a Texas limited partnership By: Port Crossing Land GP, LLC, its sole general partner By: Russell D. Plank, Vice President THE ST ATE OF TEXAS S S COUNTY OF HARRIS S The foregoing instrument was acknowledged before me this _ day of December, 2008, by Russell D. Plank, Vice President of Port Crossing Land GP, LLC, a Texas limited liability company, sole general partner of Port Crossing Land, L.P. a Texas limited partnership, on behalf of said corporation and limited partnership. - Notary Public, State of Texas - Printed Name of Notary Public My Commission Expires: - - - - H-Public_ Right_of_ WaLlmprovement_and_FundinlL Agreement_ v9(738385 _9)(l).DOC 10 65 LAPORTE, LTD., a By: Name: Title: THE STATE OF TEXAS ~ ~ COUNTY OF ~ The foregoing instrument was acknowledged before me this _ day of December, 2008, by of 65 LaPorte, Ltd., a , on behalf of said Notary Public, State of Texas Printed Name of Notary Public My Commission Expires: H-Public _ Right_ oC Way- Improvement_and _Fundin&... Agreement_ v9(738385 _9)[I].DOC 11 TIRZ: LAPORTE TAX INCREMENT REINVESTMENT ZONE #1 By: Name: Title: - THE STATE OF TEXAS S S COUNTY OF S - The foregoing instrument was acknowledged before me this _ day of by , of LAPORTE TAX REINVESTMENT ZONE #1, on behalf of said TIRZ. , 2008, INCREMENT - - Notary Public, State of Texas - Printed Name of Notary Public My Commission Expires: - - - H-PubJic _Right _ oC Way_Improvement_and _Fundin&.. Agreement_ v9(738385 _9)[ 1 ].DOC 12 REDEVELOPMENT AUTHORITY LAPORTE REDDEVELOPMENT AUTHORITY By: Name: Title: THE STATE OF TEXAS S S COUNTY OF S The foregoing instrument was acknowledged before me this _ day of , 2008, by , of LAPORTE REDEVELOPMENT AUTHORITY, on behalf of said Redevelopment Authority. Notary Public, State of Texas Printed Name of Notary Public My Commission Expires: H-Public _ Right_ oC Way _Improvement_and ]undin&.- Agreement_ v9(73838S _9)[I].DOC 13 EXHIBIT "A" Port Crossing Tract - - - - - - - H-Public _ Rigln _ oC Way _lmprovement_ and ]undinL Agreement_ v9(738385 _9)[1 ].DDe 14 €f;\-\\~\1 ~ ..-----:- . '" . . \ \ ~ \~~~ p..._ '}.4 . t - - EXHIBIT "B" 65 LaPorte Tract ... . " r III - - - H-Public _ Right_ oC Way_Improvement _ and ]undins_ Agreement_ v9(738385 _9)[I].DOC 15 ".. ....0'1'1..-.:.', _'.!' =:"~' t. 'l>W::. Vw", r' :;~~,. . t;.......:.~'. ; "~...o.~. - ..',::..oti',?\, ~ _ '~; ~t ;;"'~%i:"~_1- J~:. ... ~,,:.. ~'''''':~?i,~~,,_. 1'~ ..~~ .:~: ~'$'-~ .:;~. ~~Ii. \ '1 ~1~ :-; ~ ~J~~ '1 ~ k~;,~ ~;. ~ ~ ;~ ~ ~" t;;h ~ ~. ~i- s .. ~S B-~,", ~ ~ ,,~ ....,... t :. ~ .; '<> \ " 'Il ~~~~ ~'$~ ..\ \, i~. . , \~" i \ \A '\;1 ~i \ . ,.; ~ ~ " .n . .~ ~ ~.~ ~~ 0.,... VI\'" ~~, ~IQ~ ii~.'e. "T..,(,N t,~i ~~~~.1 ~ .~(L :l/I.~~ ~o..%'t~"'t~~ -..... i":.~i\f.. \~~~~~:~~,- ~) 0: ~ 1.'! ~ -- J,7~~,~'- --- r~t ~~ ~#8\~,&~ ~;~~~.! "~.S~~'a. ... Otn ':P-;.. ~~.$~~E. ?i.~D.n ~ " \ I I '. . '.;;;F:~ ,;.M"'UO:~VI... ..~~~.-. ~ ~ ........ . ~ ._~ - EXHIBIT "C" Plans - - - - -. - - - - - - H-Public_Right_oC Way _ImprovemenUmd]unding_ Agreement_ v9(738385 _9)[1 ].DOC 16 EXHIBIT "D" Approved Budget H-PubIic _ Right_ oC Way _Improvemenl_ and 1undinlL Agreement_ v9(738385 _9)[ l].DOC 1 7 Exhibit 0 "Approved Budget" for Improvements to SH 146 & Wharton Weems Blvd. Intersection - Durwood Greene Construction Company - Low Bidder $304,869 - Jones & Carter Engineering - Civil Design per contract $49,000 - TEDSI - Traffic Control & Signalization Design per contract $15,000 - Contingencies, including Legal for Tri-Party Agreement $31.131 - Grand Total: $400,000 - - " * I Texas Department of Transportation p.o. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 October ~O, 2008 CO~TACT: DOM Street Tie-in Permit 08-0495RD Hams County SH 146 at Wharton W cems Control Section 389-12 Mr. Jo1m Joerns Assistant City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Dear Mr. Joems: Reference is made to the signed and sealed drawings dated on April 24, 2008, covering the street tie-in within the right-of-way of SH 146 at Wharton Weems in Harris County. We offer no objection to your request, as submitted by Jones & Carter, Inc., subject to the following provisions: 1. It is expressly understood that the State does not purport hereby to grant any right, claim, title, or easement in or upon this highway. 2. Pavement structure within State right-of-way shall equal or exceed the existing pavement structure. 3. The grantee acknowledges and fully accepts responsibility and liability for the design, construction, maintenance, and operation of this proposed improvement. It is mutually agreed and understood that the grantee will indemnify and save harmless the State from any and all damage or loss that may develop due to this project. 4. All work on highway right-of-way shall be perfonned in accordance with State instructions. The installation shall not damage any part of the highway, and adequate provisions must be made to cause minimum. inconvenience to traffic and adjacent property owners. 5. Barricades and warning signs, and flagmen, when necessary, shall be provided by the contractor or the owner. It is understood that the State considers proper traffic control measures as those complying with applicable portions of the Texas Manual on Uniform Traffic Control Devices required for adoption by the "Uniform Act Regulating Traffic on Highways" (V.C.S. 6701d). THE TEXAS PLAN REDUCE CONGESTION. ENHANCE SAFETY. EXPAND eCONOMIC OPPORTUNITY. IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer Permit No. 08-0495RD October 20, 2008 Page 2 6. The work covered by this permit shall be so conducted that it will not interfere in any way with any highway contract construction or repair work, or any State maintenance work that may be done on this road. In the event that such interference occurst you will cease operations in the area involved until such time as the roadwork' referred to above is completed. 7. Performance of work within highway right-of-way will constitute your acceptance of the terms herein listed. 8. This approval void if installation not complete within one year fl.'om date of approval. 9, This permit issued subject to a traffic control plan, which will be approved by the A1..ea Engineer. No work within State right-of-way shall begin until this approval, has been given. 10. It is mutually agreed and understood that the implementation and maintenance of the traffic control plan shall be the responsibility of the grantee and the grantee shall indemnify and save harmless the State from any and all damage or loss that may develop due to this project. Please notify Mr. Johnny Guice, 'Maintenance Section Supervisor, at telephone number (281) 464-5540 at least 48 hours before beginning work so that he may have a representative present. Sincerely, ::!::Ar:~. Director of Maintenance Houston District LHM Attachment cc: Mr. Johnny Guice, w/attachment Jones & Carter, Inc., w/attachment - ~, ~ '.'.::., &':..- Form 1058 (Rev.9f2004) (GSO-EPC) Page 1 of2 Permit to Construct Access Driveway Facilities . on Highway Right of Way To: City of La Porte 604 West Fairmont Parkway La Porte, Tx 77571 H SH 146 wy. Control 389 713-971-8291 (Phone) The Texas Depat1ment of Transportation, hereinafter called the State. hereby authorizes City of La Porte, hereinafter called the Permittee, to construct/reconstruct a Public access driveway on the highway right of way abutting highway number SH 146 in in Harris County, located Wharton Weems. Permit No. 08-0495 RD Section 12 Subject to the Following: 1. The Pennittee is responsible for all costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows andlor as shown on sketch and is subject to conditions stated below: .Provide street tie as shown on drawing June 4. 2008. As outlined in the letter. dated IO-9-08.TxDOT will perfom_permanent .~j~~ strlping & sil:walization work. grantee shall notify TxDOT in writinltofthe completion date 15 days in advance of completion of the remaining work to allow scheduling of these itelI!s. All Construction and materials shall be subject to inspection and approval by the State. 3. Maintenance of facilities constructed hereunder shall be the responsibility of the Pennittee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 4. The Permittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of exercise pfthis permit. 5. Except for regulatory and guide signs at county roads and city streets, the Pennittee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps. vendor stands, or tanks shall be located at least 12 feet from the right of way line to ensure that any vehicle services from these fixtures will be off the highway right of way. 6. The State reserves the right to require a new access driveway permit in the event of a land use change or change in driveway traffic volume or vehicle types. 7. This pennit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit. 8. The Permittee will contact the State's representative Mr. Johnny Guice at telephone (281) 464-5540 at least twenty-four (24) hours prior to beginning the work authorized by this pennit. Texas Department of Transportation SEE LETTEB.-EEaMJ+- Michael W. Alford, P.E. Director of Maintenance, Houston District The undersigned hereby agrees to comply with the terms and conditions set forth ~ this permit for construction of an access driveway on the highway right of way. October 20, 2008 Date of Issuance Date: Signed: (property owner ~r owner's representative) - * . D... '0(0;:::;::;:'100 , Form 1058 (Rev. 912004) (GSD-EPC) Page 1 of2 Permit to Construct Access Driveway Facilities on Highway Right of Way To: Hwy. Permit No. (Name) Control Section (Address) (City, Slale, Zip) (Phone No.) The Texas Department of Transportation, hereinafter called the State, hereby authorizes hereinafter called the Permittee, to I:2J construct I 0 reconstruct a store, retail mall, farm, etc.) access driveway on the highway right of way abutting highway number County, located (residential, convenience In Subject to the following: 1. The Permittee Is responsible for all costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows andfor as shown on sketch and is subject to conditions stated below: All construction and materials shall be subject to inspection and approved by the State. 3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permittee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to .the highway. Changes in design will be made only with approval of the State. 4. The Permittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. 5. Except for regulatory and guide signs at county roads and city streets, the Permittee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as fuel pumps, vendor stands, or tanks shall be located at least 12 feet from the right of way line to ensure that any vehicle services from these fixtures will be off the highway right of way. 6. The State reserves the right to require a new access driveway permit in the event of a land use change or change in driveway traffic volume or vehicle types. 7. This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit. 8. The Permittee will contact the State's representative telephone, L-) ,at least twenty-four (24) hours prior to beginning the work authorized by this permit. Texas Department of Transportation Date of Issuance Authorized Representative The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an access . driveway on the highwaY9ht of way. Date: cp~,J Signed: SPECIAL PROVISIONS FOR PERMIT NUMBER 08N0495 1. All Pipes used shall be Reinforced Concrete Pipe (RCP). 2. Culvert crossings within the 30-foot clear zone (parallel culverts) shall be required to have minimum 6:1 sloping ends known as Safety End Treatments (SETs). The culvert shall have sufficient length to allow the 6: 1 slope to be achieved from the edge of pavement to the flowline at the end of the SET. Culverts that exceed 50' in length shall have ajlIDction box for clean out as specified by the Area Engineer. 3. Culverts larger than single 30-inch diameter (or larger than multiple 24-inch diameter culverts) shall require safety pipe runners. 4. Riprap or stabilizing material shall be provided and installed by gra~tee at time of construction as directed by Area Engineer. 5. FOR TXDOT MAINTAINED ASPHALT SURFACED PAVEMENT no concrete pavement or curbing shall be allowed within State right of way. (See attached driveway profile.) 6. FOR TXDOT MAINTAINED CONCRETE SURFACED PAVEMENT, additional full-depth saw cuts may be made as needed to facilitate removal of the concrete within the limits of the required full-depth cuts. Concrete adjacent to the patch shall not be spalled or fi-actured by the removal procedure.(See attached driveway profile.) 7. Placement or removal of beautification on State right of way shall be under the direction of the Texas Department of Transportation. 8. The Grantee certifies that its storm water runoff to the State's right of way shall not be contaminated by any industrial processes or significant pollutants, and the State shall not be held liable for any pollutants entering State right of way through storm water connections. 9. Grantee shall meet all Americans with Disabilities Act (ADA) and Texas Department of Licensing Regulation (IDLR) requirements for items including but not limited to side walks and wheelchair ramps. 10. Grantee shall obtain overall environmental clearance with all appropriate regulatory agencies prior to beginning construction. Approval of this request by TxDOT does not relieve the Grantee or its agents of this obligation. 11. Work performed on railroad right-of-way or easements controlled by others is subject to the concurrence ofthe owner of said properties. Approval of this request by TxDOT does not relieve the Grantee of this obligation. 12. The complete permit package shall be on the project site at all times and available for review by TxDOT. The Texas Department of Transportation will assist as follows: 1. Provide flow line elevation and inspection of construction. 2. This permit issued subject to a traffic control plan, which will be approved by the Area Engineer. No work within State right of way shall begin until this approval has been granted. SPECIAL NOTE: ADDITIONAL SPECIAL PROVISIONS FOR STREET TIE-lN PERMIT . . .. All work within the state, highway right of way shall be performed in accordance with state standards and specifications as to the installation and materials used. . · All materials and mix designs to be placed in TxDOT right of way must be obtained from TxDOT approved sources and be of approved TxDOT mix designs. · All utilities shall be located and adjusted prior to commencing work. The location of and relocation andlor adjustment to any utilities shall be responsibility ofthe Contractor. · No valves, meter boxes, manhole covers, etc will be allowed in the pavement. These appurtenances shall be relocated within the right of way as approved by TxDOT and the utility owner. · All exposed dirt surfaces shall be seeded or sodded as specified by the Area Engineer. . 4: 1 maximum slope on the ditch front slope is required. . · The use of one lane closure traffic control plans wili not be allowed during hours of 6 a.m. to 9 a.m. and 3 :00 p.m. to 7 p.m. Monday through Friday as directed by the Arc~a Engineer. · The Contractor shall coordinate the sequence of construction and traffic control plan with any adjacent construction or maintenance projects to ensure the uninterrupted flow of traffic. - . In no event will an edge drop off be permitted during the hours of darkness. If the Contractor, due to unforeseen circumstances is unable to complete a section before the end of the work day, base material capable of vehicle support shall be pulled back to the existing pavement edge on a 4:1 slope as shown on the attached overnight drop-~ff detail. - · The work shall be completed such that the roadway will be fully opened to traffic overnight. No overnight lane closures will be permitted, unless otherwise approved by the Area Engineer. . Plastic drums shall be used for overnight delineation of off roadway work areas. . Standard Pavement Markings shall be placed according to the following standards: PM (I)-OOA PM (3)-OOA PM (4)-00A PM (5)-01 PM (6)-01. . All raised pavement markers shall meet the requirements of Item 672, "Raised Pavement Markers." . Existing pavement markings shall be removed according to the requirements of Item 677t "Eliminating Existing Pavement Markings and Markers" and shall be completely removed to the satisfaction of the Area Engineer. . Preformed plastic pavement marking shall not be used. . The Advanced Waming signing shown on BC (1 )-99 will be required. This includes the following signs: EG 20-9 ER 20-5 with plaque CW 20-1D SO 20-1 with plaque and SG 20-6. . . Proposed signs or those, which require relocation, shall be done in accordance to the following standards: SMD (Gen.)-02 & SMD (Slip-I)-02 thru SMD (Slip-3)-02. . All pavement markings shall be Type I Thermoplastic and shall meet the requirements of Item 666, "Reflectorized Pavement Markings.'t All pavement surfaces shall be clean or surface preparation in accordance with Item 678 "Pavement surface Preparation for Markings" will be required. A Type n marking as a sealer in accordance with this item shall . be placed prior to the Type I marking for concrete pavement. All old asphalt pavement will require a Type II marking as a sealer as specified by the Area Engineer. . The Texas Universal Triangular Slip Base Sign Suppolis will be required for all existing signs to be relocated or proposed signs within TxDOT right-of-way. . All trees requiring removal shall be planted on the TxnOT right-of-way as directed by the Area Engineer. . Wheel chair ramps must meet the requirements of the Standard PED-OS (4 sheets). . The Contractor shall not create a dirt nuisance or safety hazard in any street. The pavement shall be cleaned daily. . Contractor shall get a traffic control plan approved at the Area Engineer 10 working days prior to start of construction. Contractor is required to supply all sub-contractors with a copy of this permit and approved traffic control plan. The contractor or sub-contractor is required to contact the Maintenance Supervisor from 24 hours to 48 hours prior to commencing any work. ADDITIONAL SPECIAL PROVISIONS FOR ROADWAY IMPROVEMENT PERMIT . Any adjustments made to traffic signals shall be overseen and inspected by the Texas Department of Transportation Signal Operation and Maintenance Section. Contact Mr. Doug. Vanover at (713) 802-5661, 48 hours in advance of signal work. .... . Should the existing roadway pavement be damaged, during the traffic control set up to place traffic on the shoulder, it shall be repaired as specified by Area Engineer. - . The Contractor shall employ at hislher expense, an approved commercial testing laboratory to pour and break concrete beams for determining concrete strength (Test method TEX-448- A Flexural Strength.) Certified reports by a Professional Engineer of each break shall be. submitted to the TxDOT Area Engineer. The other required tests shall be TEX-415-A, slump and TEX-416-A or TEX-414-A Entrained air. The frequency of sampling for flexural strength shall be one test (2 beams) for each 3,000 s.y. Not less then one set of beams will be required for each day's placement. This work shall be coordinated with TxnOT Area Engineer's Office, 48 hours prior to pouring concrete. - - - - - 'r_ &=::11<<1 Name of ApplicR!lt: Jones & Carter, Inc. Permittee f20 Mail Permit To: 6335 Gulfton, Suite 100 Address SH 146 and Wharton Weems Blvd Address .3BQ-j tJ.-, Houston, TX 70081 City State E-mail oDaras@joneseacter.com Phone No. Fax No. 713.777-5337 713.777-5976 La Porte Zip Code City TX State 77571 Zip Code Contact Person: ACCESS REQUEST LOCATION & INFORMA nON Type of Access: 0 Street Tie-In 0 Commercial 0 Private ~ Public 0 Temporary 0 Sidewalk Highway: SH 146 County: Harris Is Highway within an incorporated city? [ZI Yes D No City: La Porte. Property on which side of highway? 0 North 0 South 0 East [g\ West Name of closest cross street: Wharton Weems Blvd KeyMap: S80K Total amount of prpperty frontage on TxDOT: 840 ft - ,_ NOTE: TEMPORARY DRIVEWAYS ARE GOOD FOR SIX MONTHS ONLY Number of requested driveways: NA Width of requested driveway(s): Number of requested street ties: 3 . Width of requested street ties(s): ""' Number of existing driveways to be modified: NA Width of requested ".4""" . ,... Ret~rn radius: NA Width of median: NA NA 12 ft & 25 ft If open ditch, give inside diameter of nearest upstream and downstream pipes NA Type of highway design? . t8J Curbed 0 Open ditch 0 Both Does this commercial request include developed drainage coming to TxDOT? DYes [glNo If yes, complete the attached Access Permit Request Checklist, TxDOT Hydraulic Section. Ifno, what drainage authority receives developed flow NA attach a copy of approval letter from the drainage authority. Indicate the primary use for the property: Public 10 Undeveloped Land and NOTE: ANY FUTURE DEVELOPMENT TO THIS SITE MUST BE REVIEWED AND APPROVED BY TxDOT, OR THIS PERMIT WILL BECOME NULL AND VOID Is there a ramp or traffic signal located within 1000 feet of the ,- proposed access? I8lYes DNo If yes, show details on drawings. DYes r8J No If yes, indicate distance and directions to all open,jngs on your plans Is there an existing roadway median opening near .- the proposed driveway? .~ l/ln'J 1q R~ LA PORTE REDEVELOPMENT AUTHORITY, CITY OF LA PORTE, TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 3. Consider 8th TIRZ Draw and General contractor statements and the sworn statements for the Port Crossing Land LP for the period ending September 30, 2008. LA PORTE REDEVEWPMENT AUTHORITY c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 -,. ML REALTY PARTNERS October 10,2008 RECEIVED Mr. John Joerns La Porte Redevelopment Authority c/o City of La Porte 604 West Fairmont Parkway La Porte, TX. 77571 OCT 16 2008 CITY MANAGER'S . OFFICE Re: TIRZ Draw for Port Crossing Land LP Via: DHL Dear John, Please fmd enclosed the 8th TIRZ draw and General contractor statements and the sworn statements for Port Crossing Land LP for the period ending September 30, 2008. Please note there are no expenses for this period. All the invoices that we received this past month will be included on the next TIRZ draw when they will actually be paid. Please let me know if you have any questions or concerns. You can contact me at 630-250-2903, or by email at:mstudtmann@mlrealtypartriers.com . - Sincerely, So~ '0.. \\U~ '::> Sofia Michis cc: David Hawes, Russell Plank The Chancellory, One Pierce Place, Suite 450 · Itasca, Illinois 60143 . phone (630) 250-2900 . fax (630) 250-2901 - - - - Port Crossing TIRZ Improvements Draw Request #8 3rd Qtr ending September 30. 2008 TOTAL BALANCE TO ORIGINAL SCOPE REVISED PREVIOUS CURRENT PAID BECOME BUDGET CATEGORY ~ ~ ~ BUDGET ~ REQUEST :IQ.M!5 .IDl.S USES OF FUNDS land Cost 2,300,000.00 0.00 0.00 2,300,000.00 2,300,000.00 0.00 2,300,000.00 0.00 Infrastructure Construction 7,n3,OOO.00 64,810.40 0.00 7,787,810.40 6,959,101.63 0.00 6,959,101.63 828,708.77 landscaping 300,000.00 350,000.00 0.00 650,000.00 268,711.05 0.00 268,711.05 381,288.95 land Clearing 120,000.00 51,000.00 0.00 171,000.00 160,544.00 0.00 160,544.00 10,456.00 Civil Engineering & Contingencies 1,303,000.00 (401,030.00) 0.00 901,970.00 578,345.61 0.00 578,345.61 323,624.39 Traffic Signalization .0.00 125,000.00 0.00 125,000.00 0.00 0.00 0.00 125,000.00 lift Station Power 0.00 200,000.00 0.00 200,000.00 200,000.00 0.00 200,000.00 0.00 Interest Expense 0.00 1,222,553.17 0.00 1,222,553.17 1,088,811.98 133,741.19 1,222,553.17 0.00 TOTAL USES 11,746,000.00 1,612,333.57 0.00 13,358,333.57 11,555,514.27 133,741.19 11,689,255.46 1,669,078.11 SOURCES OF FUNDS TIRZ 11,746,000.00 1,612,333.57 0.00 13,358,333.57 11,555,514.27 133,741.19 11,689,255.46 1,669,078.11 TOTAL SOURCES 11,746,000.00 1,612,333.57 ~ ~1.~-<'Z~lB~yS1lt;;!M'&I'_a~:m~ -- 0.00 13,358,333.57 11,555,514.27 133,741.19 11,689,255.46 1,669,078.11 0.00 ~UY ~.:l:.Ii_ '~"L f_i:!S!'al~ =-;z:r~~~*__...~ll~~~-'~-~'~-~~UWAf:~ Approved By Date ~ I /rf-- /PhJ:/o/ Original Budget Changed as of 07/13/07 per the TIRZ board approval Port Crossing Land LP TIRZ Loan Summary Int. On Prior Interest on Date Monthlv Month Oustd. Current Total Funded FundinQ Balance Interest Rate Month Loan Balance Fundina Interest - OS/24/06 land Closing 2,300,000.00 2,300,000.00 8.25% May 16,339.58 16,339.5E 2,300,000.00 8.25% June 15,812.50 15,812.50 2,300,000.00 8.25% July 16,339.58 16,339.58 08/28/06 Misc Paid 242,317.73 2,542,317.73 8.25% August 16,339.58 166.59 16,506.1 t 2,542,317.73 8.25% September 17,478.43 17,478.42 2,542,317.73 8.25% October 18,061.05 18,061.05 11/15/06 Misc Paid 641,344.77 3,183,662.50 8.25% November 17,478.43 2,204.62 19,683.06_ 12/15/06 Misc Paid 630,305.85 3,813,968.35 8.25% December 22,617.27 2,166.68 24,783.9: 2006 TOTAL $ 3,813,968.35 $ 145,004.33 3,813,968.35 8.25% January 27,095.07 27,095.0i 02/22/07 Fund Draw #3 2,154,275.50 5,968,243.85 8.25% February 24,472.96 2,962.13 27,435.09 03/30/07 Fund Draw #4 2,390,915.34 8,359,159.19 8.25% March 42,399.40 547.92 42,947.3;- 04/04/07 Fund Draw #5 408,318.89 8,767,478.08 8.25% April 57,469.22 2,432.90 59,902.1~ 05/18/07 Fund Draw #6 42,277.00 8,809,755.08 8.25% May 62,285.63 125.95 62,411.56 06/19/07 Fund Draw #7 298,529.82 9,108,284.90 8.25% June 60,567.07 752.54 61,319.61 07/18/07 Fund Draw #8 119,456.79 9,227,741.69 8.25% July 64,706.77 355.88 65,062.6~ 08/16/07 Fund Draw #9 39,005.50 9,266,747.19 8.25% August 65,555.41 134.08 65,689.5C 09/21/07 Fund Draw #10 372,845.95 9,639,593.14 7.75% September 59,847.74 722.39 60,570.13 10/23/07 Fund Draw #11 9,639,593.14 7.50% October 62,255.71 62,255.71 Fund Draw #12 422,394.46 10,061,987.60 7.50% November 60,247.46 60,247.4€ - 11/30/07 12/20/07 Fund Draw #13 202,944.32 10,264,931.92 7.25% December 62,817.55 449.58 63,267.1~ Not Funded as of 12/31/07 56,659.20 - 2007 TOTAL $ 6,507,622.77 $ 658,203.3f 1/23/2008 Fund Draw #14 56,659.20 10,321,591.12 6.50% January 57,455.11 92.07 57,547.1fl- 2/15/2008 Fund Draw #15 10,321,591.12 6.00% February 49,887.69 49,887.6~ 3/13/2008 Fund Draw #16 36,480.90 10,358,072.02 5.25% March 46,662.19 101.08 46,763.2& 4/16/2008 Fund Draw #17 15,000.00 10,373,072.02 5.00% April 43,158.63 31.25 43,189.88 5/22/2008 Fund Draw #18 51,622.11 10,424,694.13 5.00% May 44,661.84 71.70 44,733.5'- 6/23/2008 Fund Draw #19 42,008.00 10,466,702.13 5.00% June 43,436.23 46.68 43,482.9C 7/31/2008 10,466,702.13 5.00% July 45,064.97 45,064.9; 8/31/2008 10,466,702.13 5.00% August 45,064.97 45,064.97 9/30/2008 10,466,702.13 5.00% September 43,611.26 43,611.2r-' 2008 TOTAL $ 145,111.01 $ 419,345.66_ Total Funding $ 10,466,702.13 $ 1,222,553.34- .... ....' .....""'lI~=r-c.~.'~_!W!l! Total Including Interest ".Di~..~0&J!.~~.."'Wff~ JPMorgan Chase: Historical Prime Rate JP~kWG AI\; CHASE & Co. Home Contact us Pr;vacyisecurlty Search http://www.jpmorganchase.com/cm/cs?pagename=Chase/Href&urlname=jpmc/about/ne... Historical Prime Rate Historical Prime Rate 5 1990 - present 1983 - 1990 1990 - present Effective Date Rate* 10-08-08 4.50% 04-30-08 5.00% 03-18-08 5.25% 01-30-08 6.00% 01-22-08 6.50% 12-11-07 7.25% 10-31-07 7.50% 09-18-07 7.75% 06-29-06 8.25% 05-10-06 8.00% 03-28-06 7.75% 01-31-06 7.50% 12-13-05 7.25% 11-01-05 7.00% 09-20-05 6.75% 08-09-05 6.50% 06-30-05 6.25% 05-03-05 6.00% 03-22-05 5.75% 02-02-05 5.50% 12-14-04 5.25% 11-10-04 5.00% 09-21-04 4.75% 08-10-04 4.50% 06-30-04 4.25% 06- 2 7 -03 4.00% 11-07-02 4.25% 12-12-01 4.75% 11-07-01 5.00% 10-03-01 5.50% 09-17-01 6.00% 08-22-01 6.50% 06-28-01 6.75% 05-16-01 7.00% 04-19-01 7.50% 03-21-01 8.00% 03-21-01 8.00% Page 1 of3 Site map II 10/1 0/2008 LA PORTE REDEVELOPMENT AUTHORITY, CITY OF LA PORTE, TEXAS AGENDA MEMORANDUM TO: La Porte Redevelopment Authority Board of Directors FROM: Executive Director SUBJECT: Agenda Item Materials 4. Consider approval or other action with regard to authority invoices. LA PORTE REDEVELOPMENT AUTHORITY c/o Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 713-595-1200 or FAX 713-541-9906 Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 Invoice Bill To: TIRZ -La Porte # 1 604 W. Fainnont Pkwy. La Porte, TX 77571 Invoice #: 00003164 Date: 12/1/2008 Page: 1 i DATE DESCRIPTION AMOUNT i Project Management Services, December 2008 $2,000.00 12/10/2008 Board of Directors Meeting $1,500.00 Reinbursable expenses as follows: ~ Sales Tax: $0.00 Total Amount: $3,500.00 Amount Applied: $0.00 Balance Due: $3,500.00 'T'~_~. r"' f"'\ n - Hawes Hill Calderon LLP P.o. Box 22167 - Houston TX 77227-2167 Invoice - - Bill To: TIRZ -La Porte # 1 - 604 W. Fainnont Pkwy. La Porte, TX 77571 Invoice #: 00003146 Date: 11/1/2008 - Page: 1 - - i DESCRIPTION AMOUNT I DATE Project Management Services, November 2008 $2,000.00 i Reinbursable expenses as follows: ~ , I i I I i Sales Tax: $0.00 Total Amount: $2,000.00 Amount Applied: $0.00 Balance Due: $2,000.00 - - - - - .. - - - - - 'T'~_~. r- r'I. n Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 Invoice Bill To: TIRZ -La Porte # 1 604 W. Fairmont Pkwy. La Porte, TX 77571 Invoice #: 00003165 Date: 10/1/2008 Page: 1 , I- [)Al],~ DESCRIPTION AMOUNT Professional Consulting & Administrative Fees, October 2008 $2,000.00 I I I I I ! i I I I i I I i I I I I [ i I I ! I I I I I I I I I ! I ; I I Sales Tax: $0.00 l Total Amount: $2,000.00 Amount Applied: $0.00 Balance Due: $2,000.00 T....._"... ~nn - - - - m 0 >< 0" co ~~ N :-J men 0 m co 0 ~ () (") (") (")~ , , r- e.... ~ ~ ~ m ~ ::;; ." "Tl 0 0 0 Zo ~ ...... .... 9 ~ ii" ~ lb - !2. ~ 0 3 < to m 0 Z 0 0 s: 0 ~ t? 0 m C/) (") ;;0 ;; -l (5 Z 0 CXl~ ~-E0'9 -Eo'9 ~c 0 ;;!o "'0 0 0;;0 ," 0. 0,0 01 0 0 ~m 01 c.n -Eo'9 -Eo'9 -Eo'9 ~-l ~ w t.);;O CD I I ~m W w- CD <O~ to -<r= r- -e "U i ... =n o .... - - - - - - - - - - - - <J - - - - Hawes Hill Calderon LLP P.O. Box 22167 Houston TX 77227-2167 Invoice Bill To: TIRZ -La Porte # 1 604 W. Fairmont Pkwy. La Porte, TX 77571 Invoice #: 00003101 Date: 9/1/2008 Page: 1 I DATE DESCRIPTION AMOUNT Project Management Services, September 2008 $2,000.00 ReimburabJe expenses as follows: Mileat D. Hawes per attachment $39.39 'I In house postage $22.42 In house copies & Binders $147.15 I I I I Sales Tax: $0.00 Total Amount: $2,208.96 Amount Applied: $0.00 Balance Due: $2,208.96 'T'~_~. r- A T'\ - Hawes Hill Calderon LLP P.O. Box 22167 -Houston TX 77227-2167 - - - TIRZ -La Porte # 1 604 W. Fainnont Pkwy. La Porte, TX 77571 - Page 1 _I DATE I INVOICE No.1 9/1/2008 00003101 10/1/2008 00003165 - 11/1/2008 00003146 12/1/2008 00003164 - - - - - - - - 12/12/2008 - CURRENT - DESCRIPTION Sale; City of La Porte Sale; TIRZ -La Porte # 1 Sale; City of La Porte Sale; City of La Porte $3,500.00 CHARGES $2,208.96 $2,000.00 $2,000.00 $3,500.00 PAYMENTS 90 DAYS $4,000.00 $0.00 90+ DAYS $2,208.96 $ STATEMENT DATE 12/12/2008 AMOUNT REMITTED BALANCE $2,208.96 $2,000.00 $2,000.00 .. $3,50QJlO $0.00 AMOUNT DUE $9,708.96 CX) o o N ...: - ... CI) .0 E CI) u ~CI) ";: 0 o 0 .c - -c ~.2 - -0. 5; CI) E g 0.- .2t! ~ 0 Cl)o. 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